MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, JUNE 15, 2022 AT 7:30P.M.

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

45 BROAD STREET, CUMBERLAND
OPEN SESSION

 

The regular meeting was called to order at 7:30pm

 

MEMBERS PRESENT:

Via Zoom: President Kinch, Councilors Bradley, Magill, Shaw, Metivier, Beaulieu and Schmitt

Also present — Mayor Jeffrey J. Mutter; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore; Outreach Coordinator Sarah King; Police Chief Matthew Benson; DPW Director Joe Duarte

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

President Kinch announced that if anyone present had come to hear agenda items #22-05A or #22-13A, these will not be heard by the Planning Board until June 29, 2022; they will be tabled to the July 20, 2022 Council meeting and heard then.

 

Police Department Recognition and Awards
Police Chief Benson spoke to his pride in being able to work with the officers in Cumberland, and presented the following newly created awards:

 

·         Officer Shanna Clow - Town Council Life-Saving Award

·         Sergeant Jolene Alves - Meritorious Conduct Award

·         Officer James Whitehead - Commendation Award

The Council took a five-minute break.

 

CONSENT AGENDA

A.    Acceptance of Minutes of the Special and Regular meetings of June 1, 2022, and the Special Meetings of June 2, 2022, and June 6, 2022.  

 

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

 

PUBLIC COMMENTS

There were none.

 

LICENSES

A.  KENNEL LICENSE

1.   An application for a Kennel License from Lisa Ritchie, 21 Deerbrook Way, d/b/a Pinebrook Farm (tabled from June 1, 2022)

 

Edward Ritchie spoke on behalf of his wife, the applicant. He gave a brief background of their time in Cumberland and their location.

 

The building official had suggested a special use permit might be in order; the solicitor confirmed one is not needed as this is not a commercial business.

 

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

 

B.  JUNK & SECONDHAND DEALER LICENSE

1.   An application for a Junk & Secondhand Dealer license from 3 B Thrift Shop LLC located at 130 Broad Street

 

Pending building and fire inspection.

 

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

 

C.  HOLIDAY SALES LICENSE

1.   An application for a Holiday License from 3 B Thrift Shop LLC located at 130 Broad Street

 

Pending building and fire inspection.

 

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

 

REPORTS/COMMUNICATIONS

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

President Kinch announced that at the June 1, 2022 executive session there was a vote taken to join a multi-district litigation lawsuit on potential water contaminants.

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO JOIN THE LAWSUIT.  VOTE 4/2

Nay: Councilors Schmitt & Bradley

Absent: Councilor Shaw

 

B.  A request from the Tax Assessor to review and approve May 2022 abatements and supplemental bills

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $9,633.90.  VOTE 7/0.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $7,889.24.  VOTE 7/0.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 TANGIBLE ABATEMENTS IN THE AMOUNT OF $1,131.23.  VOTE 7/0.

 

C.  Update from the School Committee
There was nothing to report

 

D.  Monthly/Quarterly Financial Report ending May 31, 2022.

           Budget to Actual

 

E.  Check registers for May 31, 2022

 

There were no questions for the Finance Director.

 

F.  Department Reports

1.  Animal Control

2.  Building Official

3.  Library

4.  Parks & Recreation

5.  Planning Board

6.  Police Department

7.  Senior Services

8.  Town Clerk’s Office

No vote was required.

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING    

1. #22-05A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended amending the Ordinance and map thereof with reference to Cumberland Assessor’s Plat 016, Lot 0893 (tabled from May 18, 2022)

 

Councilor Schmitt stated that this is still waiting for a Planning Board recommendation. The Planning Board will be hearing this at its June 29, 2022 meeting.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 20, 2022, BY A ROLL CALL.  VOTE 7/0.

 

      2.  #22-10A – An Ordinance amending the General Fund Budget for fiscal year 2021-2022 (Second Hearing)

                             (tabled from June 1, 2022)

 

President Kinch asked for a motion to accept #22-10B in place of #22-10A.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS BEAULIEU & METIVIER, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #22-10B IN PLACE OF #22-10A.  VOTE 7/0.

 

Public hearing at 7:52pm.

 

President Kinch read the new totals for any categories that had changes.

 

After President Kinch listed the state aid and grants, Mayor Mutter briefly commented on the motor vehicle phaseout and state aid having passed the House adding it was hoped it would fully pass the next day. 

 

President Kinch continued to read the expenditures.

 

The Council briefly discussed the highway budget, the Land Trust, the potential motor vehicle phaseout in the state; no motor vehicle bills will be sent out to residents.

 

Public hearing closed at 8:06pm.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED, BY A ROLL CALL.  VOTE 7/0.

 

3.  #22-13A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the Ordinances and map thereof with reference to Cumberland Assessor’s Plat 7, Lot 0237

 

Councilor Schmitt stated that this is also waiting for a Planning Board recommendation. The Planning Board will be hearing this at its June 29, 2022 meeting.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 20, 2022, BY A ROLL CALL.  VOTE 7/0.

 

4.  #22-18 – An ordinance relating to the Office of the Mayor (Presented by Council President on behalf of the Administration)

 

President Kinch asked for a motion to accept #22-18A in place of #22-18.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #22-18A IN PLACE OF #22-18.  VOTE 7/0.

 

Public hearing opened at 8:09pm.

 

Councilor Schmitt reported that the Ordinance sub-committee had voted 3-0 to recommend passage. This establishes a new position within the Town government. He asked Outreach Coordinator Sarah King to explain it to the Council.

 

Ms. King explained the relation of this ordinance to the Americans with Disabilities Act of 1990 which requires any public entity with more than 50 employees to have a designated employee tasked with handling ADA compliance. Those entities include public and local governments and agencies. The coordinators establish a complaint and grievance procedure publicly which is posted on the Town’s website; they also maintain a transition plan and an inventory of the work that is happening programmatically and within different departments as it relates to ADA accessibility.

 

A brief discussion ensued.

 

Public hearing closed at 8:14pm.

 

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

 

NEW BUSINESS 

A.  APPOINTMENTS

      ACTING BUILDING OFFICIAL

1.      John Hoyle

 

Mayor Mutter commented that building officials are an endangered species. Mr. Hoyle has agreed to see if a part time position will work.

 

Acting appointments do not require Council approval; this is on the agenda for notification.

 

B.  RESOLUTIONS

1.  R-22-47 – A resolution authorizing Mayor Jeffrey J Mutter to enter into an agreement with Mega Disposal, LLC for refuse and recycling collection services for the Town of Cumberland

 

DPW Director Joe Duarte was present to summarize the contract terms. He discussed the tipping and container fees with Councilor Shaw. Mr. Duarte recommended passage as the pricing is still good considering the current economy.        

 

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

 

2.  R-22-48 – A resolution adopting the updated Metcalf-Franklin Conservation and Management Plan

 

Planning Director Jonathan Stevens was present via Zoom and gave an overview of the existing plan and the proposed updated plan and objectives.

 

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

 

3.  R-22-49 – A resolution requesting the General Assembly to enact Bill H-7616 relating to the Department of  Healthy aging

 

President Kinch gave some background to this resolution’s purpose to elevate health and aging from a division to a department. This designation would hold a little more weight at the table when looking for funding, and a stronger voice at the state house.

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 70.

 

4.  R-22-50 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase equipment from Ed & Matt’s Equipment for the Parks and Recreation crew of the Highway Department in an amount not to exceed thirty-two thousand seven hundred and thirty-one dollars and twenty-four cents ($32,731.24)

 

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

 

5.  R-22-51 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with Rhode Island Department of Transportation relating to maintenance of Broad Street

 

DPW Joe Duarte reviewed the components that would fall under the town’s care, such as sidewalks, landscaping and trees, crosswalks of stamped concrete, tree wells/biofilters.

 

Mr. Duarte and Councilor Bradley engaged in discussion about tree selection.

 

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

 

PUBLIC COMMENTS

Mayor Mutter invited the Council to stop into the public safety complex the following day between 4:00pm – 7:00pm to review the sidewalk study and weigh in on potential locations for sidewalks.

 

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.