MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, SEPTEMBER 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:

In 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. Water Superintendent Romeo Mendes

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

President Kinch welcomed former Council member Tom Kane to the Chambers.

 

CONSENT AGENDA

A.    Acceptance of Minutes of the Regular Meeting of September 6, 2023

B.     MUNICIPAL MOBILE FOOD ESTABLISHMENT
1.  Mickey’s Clam Shack
2.  Team GottaQ

 

C.    COMMUNICATIONS

1.  C-23-42 – A letter from Secretary of State Greg Amore regarding the Rhode Island 250^th (RI250) Commission supporting and promoting local efforts to commemorate the Semiquincentennial

MOTION BY COUNCILOR SHAW, 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 reported the following:

·         Enrollment is up; 5,032 students in all, a gain of 93 students; 37 of those are students returning from BVP. Increased enrollment means increased state funding, a testament to the schools and teachers.

·         3,633 students are being bused daily –  they are still making improvements to the bus run times.

·         Re: school construction – they are hoping to have Garvin fully completed by Columbus Day.

·         The ribbon cutting at Community School last week was successful despite the tornado watch.

·         McCourt school thanked the DPW and Highway departments for the assistance with drainage issues.

·         Garvin School had a great loss as long-time crossing guard Raymond Andrews passed away this past weekend.

·         In a response to Councilor Beaulieu, Mr. Collins noted that five or six classrooms have been added with the increased enrollment. Also, the communications issue at McCourt Middle School has been resolved.

 

C.  Discuss interest in a town-wide ethics seminar for all boards and commissions

Town Solicitor Kelley Morris Salvatore reported that the Ethics commission was looking to schedule a seminar mid-January, 2024. The solicitor suggested later in January – one of the last two Mondays in January, the 22^nd or 29th. She will extend the seminar invitation to anyone the Council feels should be invited.

 

D.    Overview of 2023 state legislation affecting land use

Town Planner Glenn Modica gave a brief overview of bills passed in the state legislature related to land use that will affect the town, and the steps the town will need to take to comply. The town has 90 days to restructure the town’s code of ordinances. The Town chose planning consultant Weston & Sampson to provide technical assistance to the town, contracting jointly with Lincoln and Coventry. Mr. Modica gave a brief timeline of the necessary special meetings. The town will have to accept the parameters that are included in the state bills.

 

E.     Monthly/Quarterly Financial Report ending August 31, 2023

 

F.     Check registers for August 31, 2023

 

G.  Request from the Tax Assessor to review and approve August 2023 abatements and supplemental bills

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2023 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $8,694.62. 
VOTE 7/0.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2018-2023 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $27,541.00.
VOTE 7/0

 

H.  Department Reports

1.  Animal Control

2.  Building Committees

3.  Building Official

4.  EMS

5.  Library

6.  Parks & Recreation

7.  Planning Board

8.  Police Department

9.  Senior Services

10. Town Clerk’s Office

 

 

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 from August 16, 2023)

 

Councilor Schmitt noted that the Ordinance Sub Committee had tabled this as they needed more time to review.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 18, 2023, BY A ROLL CALL. VOTE 7/0.

 

2. #23-22 – An ordinance amending Chapter 38, Article III (entitled Parking, Stopping, and Standing) of the Town of Cumberland’s code of ordinances.

 

Councilor Schmitt stated that the Ordinance Sub Committee had voted 3-0 to recommend favorable passage, subject to questions.

 

Public hearing opened at 7:51pm

 

Councilor Metivier expressed curiosity about the signs at Tucker Field.

 

Mayor Mutter explained in the past there was a location used for parking which was later taken away; they have reinstituted that place behind the bleachers.

 

Councilor Beaulieu asked why the Town needs an ordinance to do this?

 

Solicitor Morris Salvatore agreed it may not be necessary to have an ordinance but a certain number of handicap signs are required in public parking lots in certain places.

 

Councilor Schmitt summarized, this adds 69 Cumberland Street as a handicap spot and allows the police to come up with a procedure to recertify these spots annually.

 

Public hearing closed at 7:56pm

 

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

 

B. RESOLUTIONS

1. R-22-30 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement for the sale of Town-owned property to Cumberland Land Trust for the purchase price of Nine Thousand Six Hundred Dollars ($9,600.00) (tabled last from September 6, 2023)

 

Mayor Mutter and Ms. Morris Salvatore gave a brief overview and discussed the evaluations of the property.

 

Joe Pailthorpe, Board Member of the Land Trust, 56 Old West Wrentham Road, spoke to the importance of preserving this property as a watershed. This purchase adds an additional 4 acres and 53 lots to their existing 40/140 lots acres in Lippitt Estates.

 

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

 

2.  R-23-65 –A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a professional services agreement with Verra Mobility for a School Bus Safety Camera Enforcement Program for a Five-Year Term.  (Tabled last from September 6, 2023)

 

Solicitor Morris Salvatore reported that the School Department still has not voted to approve this matter on their end.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 4, 2023.  VOTE 7/0.

 

3.  R-23-74 – A resolution adopting the Town of Cumberland's Non-Profit Grant Assistance procedure and allocating two hundred thousand ($200,000) to the program (tabled from September 6, 2023)

 

Councilor Schmitt noted that the Ordinance Sub Committee had voted 3-0 to forward this to the Council with no recommendation.

Councilor Schmitt asked the Mayor if the $200,000 is a new provision? The funds are there? Mayor Mutter responded, yes, this was voted on previously.

Outreach coordinator Sarah King said that the application on the website will go live at the end of this week, and the application period will remain open until October 20, 2023.

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

NEW BUSINESS

A. APPOINTMENT

     BUILDING OFFICIAL

     Larry Enright

 

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

B.  CLAIMS

      1. Kevin Flanagan  

Referred to the Solicitor’s office
      2. Filomena C. Medeiros

Referred to the Solicitor’s office

C.  RESOLUTIONS

1.  R-23-86 – A resolution authorizing Mayor Jeffrey J. Mutter and the President of the Town Council to amend and   execute the Collective Bargaining Agreement with IBPO Local 640

 

Mayor Mutter referenced previous discussions with the Council on this matter. This agreement would be retroactive from July 1, 2023. Associated costs will be expended from the FY2024 budget; there are sufficient budgeted funds in that department and this will not necessitate a budget amendment at this point.

  

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

2.  R-23-87 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase a Leak Listener for the Cumberland Water Department from Utilitronics in an amount not to exceed five thousand nine hundred and twenty-two dollars ($5,922)

 

Water Department Director Romeo Mendes reported that the existing, older equipment they have has reached the end of its use. This similar piece of equipment helps pinpoint leak locations exactly and efficiently without digging. Mr. Mendes stated that this is not invasive, it reads from over the land’s surface and can penetrate at least 5 feet into the ground.

 

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

3. R-23-88 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract amendment with Pare Corporation for Design, Bid Services, Construction Management Services, and Permitting for both Phase I and Phase II of the Industrial Road Stormwater improvement in the amount of one hundred and thirty-four thousand seven hundred and fifty-five ($134,755) plus a 10% contingency in reimbursable expenses, in a total amount not to exceed one hundred and forty-eight thousand two hundred and thirty dollars and fifty cents ($148,230.50)

 

Mayor Mutter spoke to the severity of the problem on Industrial Road. The business most directly impacted by this has asked us to hold off on this resolution while their legal team reviews it. He asked to table two weeks.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 4, 2023.  VOTE 7/0.

4.  R-23-89 –  A resolution adding Eli Street to the Residents Only Parking Program

There was no draft of the resolution available to review.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO OCTOBER 4, 2023.  VOTE 7/0.

D.  ORDINANCES - PRESENTATION & PERMISSION TO ADVERTISE

1.  #23-23 – An ordinance amending the Zoning Ordinance related to the Arnold Mills Historic District (Presented by President Kinch on behalf of the Administration)

 

Referred to the Ordinance Sub Committee

 

2. #23-24 – An ordinance establishing a Residents Only Parking Program (Presented by President Kinch on behalf of the Administration)

 

A copy of this ordinance would be made available by Monday, September 25, 2023.

 

Referred to the Ordinance Sub Committee

 

Diane Emerson, resident of Tower Hill Road asked what the intent will be? Will it benefit any neighborhood that might need to limit parking?

Solicitor Salvatore -the intent is to be sure that dense neighborhoods with limited parking accommodates residents.

 

PUBLIC COMMENTS

There were none.

 

ADJOURNMENT

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ADJOURN IN THE MEMORY OF RAYMOND ANDREWS, THE CROSSING GUARD WHO JUST PASSED, AT 8:49PM. 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.