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| Michael L. Kinch, At-Large | |
| Council President | |
| James K. Metivier, District 1 | Scott R. Schmitt, District 4 |
| Council Member | Council President, Pro Tem |
| Timothy C. Magill Jr., District 2 | Robert G. Shaw, Jr., District 5 |
| Council Member | Council Member |
| Lisa A. Beaulieu, District 3 | Peter J. Bradley, At-Large |
| Council Member | Council Member |
MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, DECEMBER 20, 2023, at 7:30 P.M.
CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND, RHODE ISLAND
CALL TO ORDER 
The regular meeting was called to order at 7:30pm with a roll call of members.
MEMBERS PRESENT:
Members person: President Kinch, Councilors Bradley, Shaw, Magill, Metivier, Beaulieu, and Schmitt.
Also present: Mayor Jeffrey J. Mutter; Community Outreach Coordinator Sarah F. King; Town Solicitor Kelley Morris Salvatore; Town Clerk Sandra M. Giovanelli; Acting EMS Chief Scott Dessert; DPW Director Joe Duarte; Parks & Recreation Director Mike Crawley
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
Mayor Mutter stated that earlier this evening he had had the opportunity to enjoy Christmas Carols sung by the Clef Singers and wished to commend them by name: Eleanor Baker, Chase Benjamin, Zach Copans, Evan Daniel, Molly Enestvedt, Brielle Foux, Hannah Fuller, Addison Gaynor, Kaiden Hawkins, Luke Herlin, Alex Hornig, Camila Howard,
Alex Jacobs, Avi Keshari, Katie Lambdin, Abby Landi, Emilio Merksamer, Aiden Riel, Calista Sylvester, and Blake Vroegindewey.
1. American Heart Association’s Heartsaver Hero Award presentation
Acting EMS Chief Scott Dessert invited residents David Goodrich and his wife Olga, and John Bonner and his wife Peg, to the podium. Chief Dessert related how Mr. Goodrich had collapsed in his driveway and was administered CPR by his neighbor John Bonner until the arrival of an ambulance summoned by Peg Bonner. Mr. Bonner’s son Jeff, an off-duty firefighter, coached his father by phone. Patrolman Brandon Correia; paramedics Nikita Maryanov, Brandon Moore, David Levesque, Stephen Parent; fire personnel Capt. Brett Anderson, Lt. Kevin Dube and firefighters Jason Lavalee, Tim Bowen and Thomas Allen were also recognized for their parts. Doctors in the hospital credited the Bonners for saving Mr. Goodrich’s life. Chief Dessert presented the Bonners with the Heartsaver Hero award.
2. Presentation of citations to the 2023 Girl’s High School Soccer team
Mayor Mutter commended the members of the undefeated Cumberland High School Girl’s Soccer Team and along with Councilor Shaw presented them and their coaches with citations: Katie Jakubiak; Ava Normandin; Jenna Gervais; Olivia Costa; Lucy Biggs; Sofia Torres; Paynter Maher; Samir Nuay; Hannah Michalski; Jordan Nicolace; Payton Goulding; Sofia Coburn; Aryanna Tirado; Alexandra Guerra; Nicole Calle; Madeline Coyne; Emma Kucal; Ines Oliveira; Brooke Durkin; Sophie Thibault; Samantha Jacinto; Olivia Clary; and coaches John Hoxsie; Bekkah Powers; Ed Lindsay; and Dave Williams.
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Meeting of December 6, 2023
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
1. P’al Monte
C. COMMUNICATIONS
1. C-23-45 – A resolution for the Town of Charlestown in support of the Coastal Resources Management Council's (CRMC) possible designation of the "Sand Trail" as a CRMC recognized right-of-way (ROW)
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PUBLIC COMMENTS
There were none.
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
There were none to report.
B. Update from the School Committee
School Committee member Denis Collins gave updates on the following:
· Enrollment is up 17 students since last month for a total of 5,061 students.
· Schools were closed due to the recent storm but will back in session tomorrow, December 21st.
· The RICAS presentation will be reviewed on January 11, 2024, all are welcome to attend
· The Garvin School ribbon cutting was successful
C. Monthly/Quarterly Financial Report ending November 30, 2023
There were no questions.
D. Check registers for November 30, 2023
There were no questions.
E. Request from the Tax Assessor to review and approve November 2023 abatements and supplemental bills
MOTION BY COUNCILOR SHAW, SECONDED BY SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2023 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $1,493.16.
VOTE 7/0.
G. Department Reports
2. Building Committees
4. EMS
5. Library
LICENSES
A. VICTUALLING HOUSE LICENSE
1. An application for a Fourth-Class Victualling House License from Wilder Arteaga d/b/a Colombia Meat Market, 235 Broad Street, Cumberland, RI
The applicant was not present.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING APPROVAL FROM FIRE AND BUILDING.
VOTE 7/0.
B. ENTERTAINMENT LICENSE
1. An application for a Special Event Entertainment License from the Cumberland Parks & Recreation for the 2024 Food Truck/Music Event on April 25th, May 23rd, June 27th, July 25th, August 22nd, and September 21st.
Parks & Rec Director Mike Crawley was present to speak about these annual events.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.
VOTE 7/0.
2. An application for a Special Event Entertainment License from Richard Vaillant for the 13th World event to be held at Diamond Hill Park on September 28, October 4, 5, 11, 12, 13, 18, 19, 20, 25, 26, 27, 30, November 1, 2.
The applicant was present.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING APPROVAL FROM FIRE, EMS AND INSURSANCE CERTIFICATE.
VOTE 7/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #23-18 – An ordinance to change the Town of Cumberland Zoning Map – Assessor's Plat 39, Lot 292 (tabled from August 16, 2023)
Councilor Schmitt apologized that the Ordinance Sub-Committee had not heard this but are having a special meeting on January 3, 2024 prior to the Council meeting to address it.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 3, 2024. VOTE 7/0.
2. #23-24 – An ordinance establishing a Resident Only Parking Program (Presented by President Kinch on behalf of the Administration) (last tabled from October 18, 2023)
Councilor Schmitt noted that the “A” version of this was not on Clerk Base and asked to send it back to subcommittee.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 3, 2024. VOTE 7/0.
3. #23-27 – An ordinance authorizing a “No Parking” zone on Tower Hill Road (tabled last from December 6, 2023)
Councilor Schmitt stated that the Ordinance Sub-Committee was forwarding this to the Council recommending altering the wording on line 12 to read: “Tower Hill Road, “no parking” from pole #10 to 258 Tower Hill Road on both sides of the roadway”.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO AMEND LINE 12 TO READ: “TOWER HILL ROAD, “NO PARKING” FROM POLE #10 TO 258 TOWER HILL ROAD ON BOTH SIDES OF THE ROADWAY”. VOTE 7/0.
Public hearing opened at 8:08pm
Discussion ensued with the Council.
Public hearing closes at 8:15pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED, BY A ROLL CALL. VOTE 7/0.
4. #23-28 – An ordinance amending the salary ranges for the Executive Staff and other position (tabled last from December 6, 2023)
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #23-28A IN PLACE OF 23-28. VOTE 7/0.
Public hearing opened at 8:17pm
Mayor Mutter gave a brief overview of the changes in the ordinance.
Councilor Magill stated that the Finance Sub-Committee was forwarding this to the Council with no recommendation.
Public hearing closed at 8:20pm
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL. VOTE 7/0.
5. #23-29 – An ordinance relating to the Department of Planning and Community Development
Councilor Schmitt stated that the Ordinance Sub-Committee would hear this at their January 3, 2024 meeting.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JANUARY 3, 2024. VOTE 7/0.
6. #23-30 – An ordinance authorizing a memorial for Ray Andrews at Garvin Elementary School
This is being tabled due to a 60-day online posting requirement.
Councilor Schmitt stated that the Ordinance Sub-Committee would also hear this at their January 3, 2024 meeting.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 21, 2024. VOTE 7/0.
B. RESOLUTIONS
1. R-23-89 – A resolution adding Eli Street to the Residents Only Parking Program (tabled last from December 6, 2023)
This resolution was withdrawn.
2. R-23-121 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into Tax Stabilization Agreement with Olneyville Housing Corporation dba One Neighborhood Builders
Solicitor Morris-Salvatore explained that this 44-unit, fully affordable housing development at the old St. Patrick’s church location had not been taxed as a church.. The new owner is requesting that they remain untaxed until they get a certificate
of occupancy. Because of the type of development it is they will be entitled to “the 8 law” wherein they get taxed 8% of their gross scheduled rent per year.
Attorney Ken McGonagall representing St. Patrick’s church explained that all applications for an 8% tax rate go to RI Housing by January 16, 2024 for grading. The timeline for construction is 2 – 2 1/2 years.
Councilor Schmitt spoke in support.
Discussion ensued with the Council.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE. VOTE 6/1.
Nay: Councilor Bradley
NEW BUSINESS
A. APPOINTMENTS
ASSISTANT WATER SUPERINTENDENT
1. Robert Ray
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
CONSERVATION COMMISSION REAPPOINTMENTS
1. Lindsey Corse – Term to expire January 31, 2027
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS SHAW & METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
JUVENILE HEARING BOARD REAPPOINTMENTS
1. Barbara Paquette – Term to expire December 31, 2026
2. Karenann McLoughlin – Term to expire December 31, 2026
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
LIBRARY BOARD OF TRUSTEE REAPPOINTMENTS
1. Susan Baglini – Term to expire December 31, 2026
2. Erin Redihan – Term to expire December 31, 2026
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PENSION BOARD REAPPOINTMENTS
1. David Shepherd – Term to expire January 31, 2027
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PLANNING BOARD - RENEWALS
1. Christopher Butler – Term to expire January 31, 2027 (Mayor’s appointment)
2. David Coutu – Term to expire January 31, 2027 (Mayor’s appointment)
3. Isabel Reis – Term to expire January 31, 2027 (Council appointment)
The Council acknowledged the Mayor’s appointments.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE ISABEL REIS. VOTE 7/0.
ZONING BOARD OF REVIEW REAPPOINTMENTS
1. Joseph Craveiro – Term to expire December 31, 2028
2. Rachael Guadagni – Term to expire December 31, 2028
3. John McCoy – Term to expire December 31, 2028
4. Chris Alger, Alternate – Term to expire December 31, 2024
5. Diane Emerson, Alternate – Term to expire December 31, 2024
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. CLAIMS
1. Carol Varden
Referred to the Solicitor’s office.
C. RESOLUTIONS
1. R-23-122 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with Pare Corporation for Professional Engineering Services related to the Kent Street garage and salt shed in an amount to exceed twenty-five thousand thee hundred dollars ($23,300)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO AMEND THE AGENDA TO CORRECT THE NUMERICAL DOLLAR AMOUNT TO $25,300.00. VOTE 7/0
DPW Director Joe Duarte explained the resolution and responded to questions from the Council.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
2. R-23-123 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter a contract with Tower Construction for the demolition of the existing ski lodge and the construction of a new building and the associated site work at Diamond Hill Park in an amount not to exceed six million seven hundred and thirty-seven thousand dollars ($6,737,000) with the option to accept one hundred and fifty thousand dollars of alternates ($150,000) for a total not to exceed amount of six million eight hundred and eighty-seven thousand dollars ($6,887,000).
Parks & Rec Director Mike Crawley, Building Committee chair Len Bradley and Angela Weldon from Saccoccio Associates spoke to various elements of the proposed resolution and answered questions from the Council.
Mayor Mutter discussed the funding sources and addressed concerns of the Council.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE. VOTE 4/3 Nay: Councilors Schmitt, Bradley and Magill
B. ORDINANCE FOR PRESENTATION & PERMISSION TO ADVERTISE
1. #23-31 – An ordinance amending the Zoning Ordinance relating to Agricultural uses (presented by the Council President on behalf of the Administration)
Referred to the Ordinance Sub-Committee.
PUBLIC COMMENTS
There were none.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:01PM. 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.