MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, JUNE 1, 2022 AT 7:30P.M.

CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND
VIRTUAL - OPEN SESSION

 

The regular meeting was called to order at 7:40pm with a roll call of members

 

MEMBERS PRESENT:

In person: President Kinch, Councilors Bradley, Magill, Metivier, Beaulieu and Schmitt.

Arrived late: Councilor Shaw

Also present—Mayor Jeffrey J. Mutter; Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore, Special Counsel Joseph Rodio, Jr., Planning Director Jonathan Stevens, DPW director Joe Duarte

 

PLEDGE OF ALLEGIANCE

 

President Kinch asked to hear resolution R-22-46 before the rest of the agenda.

 

7.  R-22-46 – A resolution authorizing and empowering Mayor Jeffrey Mutter and President Michael Kinch to enter into an Employment Agreement with Matthew J. Benson as Chief of Police

 

Solicitor Kelley Morris Salvatore introduced Counselor Rodio, present via Zoom, who gave an overview of the negotiated 3-year employment agreement with Chief Benson. The main difference in this agreement vs. previous agreements is the recent ordinance change for executive staff.

 

Mayor Mutter commented that the resolution doesn’t have a fiscal note attached – it will be delivered in the morning - but the compensation would not require any budget amendment.

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

 

GENERAL ANNOUNCEMENTS

President Kinch congratulated Cumberland High School valedictorian, Kaitlyn Vitkin and salutatorian Paul Barlow, as well as all the other distinguished scholars that graduated.

 

President Kinch announced the upcoming budget meeting dates:

·         First public hearing: Thursday, June 2, 2022 at 6:00pm, McCourt Middle School, 45 Highland Avenue

·         Second public hearing and first vote: Monday, June 6, 2022 at 6:00pm, Council chambers, 45 Broad Street

·         Final vote: Monday June 13, 2022 at 6:00pm, Council chambers, 45 Broad Street

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Regular meeting of May 18, 2022

 

B. MUNICIPAL MOBILE FOOD ESTABLISHMENT

    1.  Kona Ice Cumberland RI, Inc.  

   

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER & SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

 

PUBLIC COMMENTS

President Kinch paused for public comments. There were none.

 

LICENSES

A. ENTERTAINMENT LICENSE

1.   An application for a Special Event Entertainment License from Cumberland Youth Activities Council for Cumberlandfest at Diamond Hill Park on August 5^th, 6^th, and 7^th.

 

Pending insurance, promoter’s permit, lease agreement and approval from Taxes, Building, Police, Fire, and EMS. 

Jerry Schimmel was present to describe the event to the Council and answer any questions.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING RECEIPT OF THE ABOVE ITEMS.

VOTE 6/0.

 

2.   An application for a Special Event Entertainment License from Arnold Mills Parade Association for the Fourth of July Parade and Road Race on July 4^th.

 

Pending license agreement, insurance, promoter’s permit, Building, Police and EMS.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING RECEIPT OF THE ABOVE ITEMS.

VOTE 6/0.

 

 B.  KENNEL LICENSE

1.   An application for a Kennel License from Lisa Ritchie, 21 Deerbrook Way, d/b/a Pinebrook Farm

 

The town solicitor asked for a continuance while she reviews the license requirements.

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 15, 2022.

VOTE 6/0.

 

 REPORTS/COMMUNICATIONS

     A.  Report of Executive Session vote(s), as may be necessary.

 

President Kinch announced that in the executive session held April 6, 2022, the following vote was taken:

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO AUTHORIZE THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE RHODE ISLAND MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND CITIES & TOWNS RECEIVING OPIOID SETTLEMENT FUNDS RELATIVE TO THE TEVA AND ALLERGAN SETTLEMENT AGREEMENTS, BY A ROLL CALL VOTE.  VOTE 6/0

Absent: Councilor Bradley

 

OLD BUSINESS

President Kinch asked to hear the ordinance before the resolution to allow Councilor Shaw a few more minutes to arrive, as the Councilor had asked to be present for resolution R-22-36.

 

   B.  ORDINANCES FOR PUBLIC HEARING    

1.  #22-10A – An Ordinance amending the General Fund Budget for fiscal year 2021-2022 (Second hearing) (tabled from May 18, 2022)

 

Mayor Mutter asked to table to June 15, 2022. They are still waiting for the State budget to be settled in order to settle the rate of the motor vehicle tax.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 15, 2022.  VOTE 6/0.

 

A.  RESOLUTIONS:

1.  R-22-36 – Authorizing Mayor Jeffrey J. Mutter to enter into purchase and sale agreement with the State of Rhode Island to purchase Assessor’s Plat 54, Lot 221

 

Solicitor Morris Salvatore explained the State of Rhode Island is willing to transfer ownership of the parking lot on the corner of Mendon Road and Manville Hill Road to the town; conditioned that the Town obtain a survey and also indemnifying the State for any liability regarding any environmental issues (they have no knowledge of any)( problems).Typically, you would hire an engineering company to do a phase 1 review of a property to look for any such environmental issues.

 

Councilor Shaw expressed his concerns that the property remain a municipal lot serving the local businesses and church at that intersection, never be built on, and suggested putting up signage indicating it is a municipal lot after the sale is finalized. He had spent time speaking with the area business owners to ascertain their feelings on the matter.

 

Discussion ensued with the Council regarding the history of the lot and how the state had taken it through eminent domain.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

NEW BUSINESS 

A.  APPOINTMENT

      ANIMAL CONTROL OFFICER

      1.  David Waycott

 

Mr. Waycott was present and spoke to his past experience.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

B.  RESOLUTIONS

1.  R-22-40 – A resolution and empowering Mayor Jeffrey J. Mutter to enter into a contract with 4ward Planning in an amount not to exceed one hundred thousand dollars ($100,000.00)

 

Planning Director Jonathan Stevens reminded the Council that the town was awarded a $100,000.00 grant from the RI Commerce Corporation to hire a consulting firm to prepare an economic revitalization and social equity plan focused on the historic mill villages of Valley Falls and Lonsdale. The town is seeking to create a vibrant, walkable mixed-use district centered on the Broad Street corridor strengthening existing businesses and attracting new ones, while maintaining and developing affordable housing. Tasks they will perform over the next 6-8 months: Public meetings, focus groups with businesses and community leaders, develop web content for the town website, identify the assets and do socioeconomic trends from the census information, focus on Naushon Mill, Ann & Hope, St. Patrick’s church and the New Pond Park to determine opportunities and economic stimuluses and opportunities for connectivity.

The grant does not require a match from the town. 4Ward was selected from four applicants.

 

The Council and Mayor discussed the expectations and anticipated outcome ten years from now.

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

2.  R-22-41 – A resolution related to abandoning a portion of Powhatan Road (FOR PRESENTATION AND PERMISSION TO ADVERTISE)

 

3.  R-22-42 – A resolution relating to the abandonment of Study Hill Road. (FOR PRESENTATION AND PERMISSION TO ADVERTISE)

 

4.  R-22-43 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with the RI Department of Transportation for the Gratis Transfer of Streetlight Facilities

 

DPW Director Joe Duarte explained the resolution authorizing the streetlights on state roads to the RIDOT.

 

Discussion ensued with the Council and Mr. Duarte regarding the details and the savings realized over the years.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

5.  R-22-44 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a change order with   Retrofit Technologies for on-site support in an amount not to exceed three thousand two hundred dollars ($3,200) per month

 

Mayor Mutter spoke to the need for increasing the amount of time required for onsite tech support.

 

Councilor Beaulieu noted the mention of a “Level 2” technician and asked what that technician’s capabilities are.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO AMEND R-22-44, ADDING TO LINE 35 “; CONDITIONED ON THE ADMINISTRATION’S UNDERSTANDING OF A LEVEL 2 ENGINEER’S QUALIFICATIONS”.  VOTE 7/0.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE R-22-44 AS AMENDED.  VOTE 7/0.

 

6.  R-22-45 – A resolution establishing the Community Recovery Fund

 

Mayor Mutter explained that for transparent accounting as they move forward, this resolution was for the naming of the ARPA funds already collected and being held in a separate account.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

C.  ORDINANCES – PRESENTATION & PERMISSION TO ADVERTISE

1.  #22-18 – An ordinance relating to the Office of the Mayor

 

Referred to the Ordinance Sub Committee

 

PUBLIC COMMENTS

Kristin De Hertogh, 7 Pine Road, stated she was upset to learn that the town has started a program of trapping and euthanizing beavers. She wanted to know what brought this about and asked if there weren’t alternatives. She was directed to request to put an agenda item on a forthcoming agenda so that the matter could be further discussed.

 

ADJOURNMENT

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:48PM. VOTE 7/0

 

 

 

 

___________________________________

Sandra M. Giovanelli, Town Clerk

 

 

 

 

 

FOR A FULL ACCOUNT OF THIS MEETING PLEASE REFER TO THE VIDEO RECORDING ACCESSIBLE ON THE TOWN’S WEBSITE, www.cumberlandri.org.