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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, OCTOBER 18, 2023, at 7:30 P.M.
CUMBERLAND PUBLIC SAFETY BUILDING
1379 DIAMOND HILL ROAD, 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, Magill, Metivier, Beaulieu, and Schmitt.
Members absent: Councilor Shaw
Also present: Mayor Jeffrey J. Mutter; Community Outreach Coordinator Sarah F. King; Town Solicitor Kelley Morris Salvatore; Town Clerk Sandra M. Giovanelli; Parkas & Recreation Director Mike Crawley, Planning Director Jonathan Stevens; Water Superintendent Romeo Mendes
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
Council President announced there is a vacancy on the Fire District Committee, District 3 due to the resignation of Cynthia Ouellette. As a result, they are soliciting resumes/letters of interest from qualified electors of District 3. Any questions and submissions should be directed to the Town Clerk.
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Meeting of October 4, 2023
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
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 Superintendent Phil Thorton reported that the State test scores have been released, and he provided some context regarding those numbers as they relate to Cumberland. The superintendent also spoke to funding, staffing and budgets.
C. Update on the Capital Projects Fund Grant Application – Multipurpose Community Facility
Community Outreach Coordinator Sarah King gave an overview of the funding changes for the American Rescue Plan Act’s Capital Projects Fund and how it relates to a multipurpose community facility. The intent is to combine the Amaral Building Community Center with Heritage Park for a Wellness Hub focusing on the health connection between physical, mind, body, outdoor spaces and the role communities play in enhancing those.
D. Monthly/Quarterly Financial Report ending September 30, 2023
E. Check registers for September 30, 2023
F. Request from the Tax Assessor to review and approve September 2023 abatements and supplemental bills
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2023 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $11,733.87. VOTE 6/0.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2018 MOTOR VEHICLE SUPPLEMENTALS IN THE AMOUNT OF $110.93. VOTE 6/0.
G. Department Reports
4. EMS
5. Library
1. Solicitor’s Office
3. OCYL
4. Public Works
Councilor Bradley and Mayor Mutter discussed a potential agreement with the City of Pawtucket.
Councilor Magill questioned if they would be receiving the Solicitor’s Office report.
Solicitor Salvatore explained that since she hasn’t been in the office for over a year she can’t report to the office’s day-to-day activity.
Council President followed up by asking if they could have an update on the following agenda.
I. Annual Report
LICENSES
ENTERTAINMENT LICENSES
1. A request for a special event entertainment license from Cumberland Parks & Recreation for Family Fun Day to be held at Diamond Hill Park on October 29, 2023, from 12pm to 2pm.
Parks and Recreation director Mike Crawley spoke about this annual event.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PROMOTER’S PERMIT. VOTE 6/0.
2. A request for a special event entertainment license from Cumberland Parks & Recreation for Santa’s Jeep Parade to be held at Diamond Hill Park on December 2, 2023, from 3pm to 6pm.
This is the second year for this event.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO PROMOTER’S PERMIT. VOTE 6/0.
3. An application for a special event entertainment license from Marc Valois of Creeps Car Club LLC for Creeps Car Show and Band to be held in at Diamond Hill Park on August 31, 2024, from 9am to 4pm
Mr. Valois was present via Zoom to speak to this 9th annual event at the park and answer any questions.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE SUBJECT TO CERTIFICATE OF INSURANCE, PROMOTER’S PERMIT, AND LICENSE FEE. VOTE 6/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #23-21A – An ordinance relating to parking of commercial vehicles and RVs, Motor Homes, or Campers (Presented by Council President Kinch) (tabled last from September 20, 2023)
Councilor Schmitt stated that the Ordinance Sub Committee had reviewed this the previous evening. Two of the complaints were resolved; the third complaint was mediated by the OSC, and President Kinch agreed to withdraw this for a year and review it again if necessary. If needed, a new ordinance would be drafted for review.
2. #23-23 – An ordinance amending the Zoning Ordinance related to the Arnold Mills Historic District (Presented by President Kinch on behalf of the Administration)
Councilor Schmitt stated that the Ordinance Sub Committee had also heard this – one property owner has requested to be exempt from the district.
Public hearing opened at 8:15pm
President Kinch asked if there were any questions. There were none.
Public hearing closed at 8:16pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/0.
3. #23-24 – An ordinance establishing a Resident Only Parking Program (Presented by President Kinch on behalf of the Administration) (tabled from October 4, 2023)
Councilor Schmitt stated that the Ordinance Sub Committee had voted 3-0 to send it to the Council without recommendation as they had questions regarding the process.
Public hearing opened at 8:17pm
Solicitor Morris Salvatore stated she would like to receive all questions and asked for a continuance on this ordinance.
The public hearing continued.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 15, 2023. VOTE 6/0.
4. #23-25 – An ordinance amending the code of ordinances relating to entertainment licenses (Presented by Councilor Magill)
Councilor Schmitt stated that the Ordinance Sub Committee met and voted unanimously for a favorable recommendation.
Public hearing opened at 8:24pm
Councilor Magill explained that the intent of this was to give relief to business owners who provide recorded background music at their establishments but no live entertainment, from paying annually for an entertainment license.
Public hearing closed at 8:27pm
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/0.
B. APPOINTMENTS
NON-PROFIT GRANT REVIEW COMMITTEE
1. Mayoral appointment – Kevin Perry
2. Planning Department appointment – Mayor Jeff Mutter
Mayor Mutter explained that they’ve been hard pressed to find candidates to serve on this committee, therefore he will be serving as either the Planning Department’s or his own appointment.
Planning Director Stevens stated that the Planning Department would like to designate Mayor Mutter as their appointment.
No vote was required.
C. RESOLUTIONS
1. R-23-65 –A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a professional service agreement with Verra Mobility for a School Bus Safety Camera Enforcement Program for a Five-Year Term. (Tabled last from October 4, 2023)
Solicitor Morris Salvatore requested this be tabled to November 15, 2023.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 15, 2023. VOTE 6/0.
2. R-23-90 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with the Rhode Island Department of Transportation for Construction and Maintenance of Improvements (tabled last from October 4, 2023)
Mayor Mutter requested to table for two weeks.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 1, 2023. VOTE 6/0.
3. R-23-96 – A resolution authorizing Mayor Jeffrey J. Mutter to execute a bill of sale to sell the communications
tower located at 1380 Diamond Hill Road for twenty thousand dollars ($20,000.00) and to provide an easement for maintenance to the communications tower (tabled last from October 4, 2023)
Solicitor Salvatore asked to table again as she has questions of concern that she wants to address.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 1, 2023. VOTE 6/0.
NEW BUSINESS
A. RESOLUTIONS
1. R-23-98 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with GZA for Soil Monitoring and Testing Technical Assistance in an amount not to exceed forty-one thousand six hundred dollars ($41,600)
Planning Director Jonathan Stevens gave historical context to the topic. After years of monitoring, it appears the limits of damage are restricted. The need for this money is for further testing and monitoring.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS METIVIER AND MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
2. R-23-99 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase a portable air compressor for the Cumberland Water Department from Phoenix Contracting LLC in an amount not to exceed Twenty-Five Thousand Three Hundred and Twenty-Four Dollars ($25,324)
Water Superintendent Romeo Mendes stated that the current vintage 1986 compressor stopped working about a month ago. The bidding process elicited one bid only.
Discussion ensued with the Council regarding replacement parts and seeking additional vendors.
B. ORDINANCE FOR PRESENTATION & PERMISSION TO ADVERTISE
1. #23-26 – An ordinance in amendment of the Zoning Ordinance of the Town of Cumberland, Rhode Island, as amended (Presented by the Council President on behalf of the Administration)
Referred to the Planning Board and Ordinance Sub-Committee.
PUBLIC COMMENTS
There were none.
ADJOURNMENT
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER AND BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:49PM. VOTE 6/0.
_____________________________
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.