MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, FEBRUARY 1, 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 7:35pm with a roll call of members.   

 

MEMBERS PRESENT:

In person: President Kinch, Councilors Bradley, Magill, Shaw, Metivier, Schmitt and Beaulieu.   
Present via Zoom: Town Solicitor Kelley Morris Salvatore       

 

Also present—Mayor Jeffrey J. Mutter; Town Clerk Sandra M. Giovanelli; Police Chief Matthew Benson

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

There were none.

 

CONSENT AGENDA

 

A.  Acceptance of Minutes of the Executive Session, Special and Regular Meetings of January 18, 2023, and the Joint Meeting of the Town Council and School Committee on January 25, 2023.             

B.  COMMUNICATIONS

1.  C-23-03 – A resolution from the Town of Richmond urging the General Assembly to make Juneteenth Independence Day an official State Holiday.

                    

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, 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.   QUARTERLY REPORTS
      1. Solicitor’s Office

C.  COMMUNICATIONS

      1.  Discussion regarding convening a Charter Review Commission

President Kinch had asked to put this on the agenda, thinking that it may be time to review the Charter, possibly make revisions and leave it to the voters to decide through either a special election or at the next general election in 2024. He asked for opinions from the Council.

 

Mayor Mutter commented that it would be a worthwhile endeavor to have discussions on various topics and provisions in the Charter to make them less cumbersome.

 

Solicitor Morris Salvatore noted that there needs to be nine (9) members on a Charter Review Commission; seven (7) Council appointments, one (1) Mayoral appointment and one (1) School Committee appointment.

 

Discussion ensued among the Council.

 

It was determined to put a placeholder on the February 15, 2023 agenda and continue the discussion then.

         

LICENSES

A.  2022-2023 LICENSE RENEWALS (tabled from 1/4/23)

      FIRST CLASS VICTUALLING

1.      CLUB JUVENTUDE LUSITANA, INC. d/b/a Club Juventude Lusitana, 10 Chase St
Pending police hold.

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 1, 2023. VOTE 6/0.
Recused: Councilor Metivier

 

  SECOND CLASS VICTUALLING HOUSE LICENSES                                            
  1.  COMPASS GROUP/EUREST DINING (CVS Cafeteria), 100 Scenic View Drive (Permit to Make Sales)

License has been issued – no action necessary.

 

  B.  SPECIAL EVENT ENTERTAINMENT LICENSE

       1.  An application for a special event entertainment license from Blackstone Valley Garden Club for their Annual Plant Sale to be held at the Monastery on Saturday, May 20, 2023. 
  

Pending signed lease agreement and insurance certificate.

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

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING   

1.  #22-30 – An ordinance relating to the Department of Children, Youth and Learning (Presented by Council President on behalf of the Administration) (tabled from January 18, 2023)

 

Councilor Schmitt reported that the Ordinance Sub Committee had voted on January 24, 2023 to recommend favorable passage of the updates.

 

Public Hearing opened at 7:53pm.

 

President Kinch asked if anyone wished to comment. There were none.

 

Public Hearing closed at 7:54pm

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.

2.  #22-33 – An ordinance amending the Employee Handbook (Presented by the Council President on behalf of the Administration)

 

Councilor Schmitt reported that the Ordinance Sub Committee had voted 3-0 on January 24, 2023 to recommend tabling this item until March 1, 2023 while the administration further reviews certain issues within it.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 1, 2023. VOTE 7/0.
     

3.  #23-01 – An ordinance amending Chapter 2, Article III (Entitled Officers and Employees) of the Cumberland Code of Ordinances (Presented by the Council President on behalf of the Administration)

 

Councilor Schmitt reported that the Ordinance Sub Committee had recommended passage on a vote of 3/0 at their January 24, 2023 meeting. This adds recognition of police recruits and trainees to the executive staff.

 

Public Hearing opened at 7:56pm.

 

President Kinch asked if anyone wished to comment. There were none.

 

Public Hearing closed at 7:57pm

 

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

 

B.  RESOLUTIONS

1.  R-23-06 – A resolution to approve the agreement with GEM Plumbing & Heating for the Emergency removal and replacement of the Town Hall boiler for an amount of eighteen thousand nine hundred and eighty-seven dollars ($18,987.00)

 

Mayor Mutter spoke to this resolution and its funding source.

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

 

NEW BUSINESS

A.  RESOLUTIONS

      1.  R-23-10 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with American  Ramp Company for the design and installation of a Pump Track at Diamond Hill Park in an amount not to exceed three hundred thousand dollars ($300,000).

 

Mayor Mutter reported that there had been a grant received for $100,000.00, there is a chance of receiving a tourism grant, and other money sources are available. We’re in the midst of improving Diamond Hill Park and want to keep looking toward the future.

Willem Cooper from 5 Red Cross Avenue, Newport, RI presented a Powerpoint presentation illustrating various styles of Pump Tracks produced by Velosolutions USA. This contractors in this company are also experienced riders and understand what they’re building. The tracks are all-wheel friendly and multi-generational. They will use the footprint of the existing dirt track, potentially adding additional trees for shade.

 

Councilor Shaw spoke in favor of the track. He asked about the local climate and elements adversely affecting the track and inquired about the track’s life expectancy.

 

Cole Beckham & Jesse Braden were present via Zoom from Velosolutions USA and responded that there is a 15-20 year life expectancy and a one year warranty to accommodate frost heaves and settling.

 

Jesse Braden explained that runoff water from the asphalt tracks would typically go into a French drain rather than tie into existing storm water. Regarding the freeze/thaw element, they would do a soil test on the expansivity of the soil; if necessary, they would over-excavate the area and bring in some non-expansive material to avoid the swelling and shrinking. All the tracks they have installed since 2009 are still intact. In the future, portions may need to be replaced. Minimal landscaping upkeep is required.

 

The Council discussed lighting, insurance, design parameters, and costs. The timeline to break ground would be Spring of 2024.

 

Public comment:

Deborah Vine Smith, 88 Colonial Avenue, expressed concern about the asphalt seeping oil into soil, and artificial turf being detrimental.

 

Craig Hurder from 133 Staples Road spoke in support of the effort.

 

Responding to Ms. Smith, Jesse Braden spoke to a track in California where special filters were installed on their drains to filter out toxins. Native landscaping is also an option.

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

 

2.  R-23-11 – A resolution authoring and empowering Mayor Jeffrey J. Mutter to enter an agreement with Ambient Sound for Improvements to the Diamond Hill Park Amphitheater in an amount not to exceed one hundred and fifty thousand dollars ($150,000).

 

Ambient Sound representative Art Mello, 75 New England Way, Warwick, RI, spoke to this proposal and responded to questions from the Council.

 

Deborah Vine Smith, 88 Colonial Avenue, commented that the stage at the Park has not been shown in renderings in the Conservation Plan.

 

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

 

     3.  R-23-12 – A resolution authorizing the Town of Cumberland to purchase fifty (50) Glock 22 Handguns for the Cumberland Police Department from Amchar Wholesale Inc in an amount not to exceed eleven thousand five-hundred dollars ($11,500)

 

Police Chief Benson explained that the department’s existing firearms, issued in 2009, have already had a 13-year shelf life and the night sight component on the guns is only warrantied to 8 years. Almost every weapon has had parts replaced. It is now less expensive to replace the guns completely. Asset forfeiture funding will be used.

 

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

B.  ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE

1.  #23-03 – An ordinance amending Article IX of the town’s Code of Ordinances pertaining to Mobile Food Trucks operating within the Town of Cumberland (Presented by Councilor Shaw)

 

Referred to the Ordinance Sub Committee.

 

 

2.  #23-04 – An ordinance relating to Peddling and Door-To-Door Solicitation (Presented by the Council President on behalf of the Administration) 

It was noted that the Council should receive an amendment prior to the hearing to correct the “Town of Natick” reference on page 2, line 61.

Referred to the Ordinance Sub Committee.

 

PUBLIC COMMENTS

Deborah Vine Smith noted the error in Ordinance #23-04.

 

ADJOURNMENT

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:09PM. 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.