MINUTES OF THE JOINT MEETING OF THE CUMBERLAND TOWN COUNCIL AND
CHARTER REVIEW APRIL 30, 2024, at 6:00 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 6:01pm.

 

MEMBERS PRESENT:

President Kinch, Councilors Shaw, Magill, Metivier, Schmitt and Beaulieu.

Absent: Councilor Bradley

 

Also present:        Mayor Jeffrey J. Mutter, Town Solicitor Kelley Morris Salvatore, Outreach Coordinator Sarah F. King, Deputy Town Clerk Jane H. Christopher

 

Also in person:     Charter Review Commission Chair Rick Beaulieu, Vice Chair Manuel DaCosta and members Rob Mudge, Paul Young, Tom Chen, Tim Iwuc and William Dennen.

 

Absent:                Charter Review Commission members Tracey Cooke and Paul Sinclair

 

PLEDGE OF ALLEGIANCE

 

NEW BUSINESS:

A. Discussion on proposed Charter Review Amendments, and possible vote.  (CRC Summary, Charter Edits and Charter Questions)

 

President Kinch thanked the Commission for their hard work and attention to detail.

 

Commission Chair Rick Beaulieu provided an explanation of the group’s focus and rationale; and reviewed their prepared summary item by item, beginning with the first, “Revise the school Committee Vacancy/Appointment process” on page 4 of the summary:

 

Item 1a. Mimic mechanism for Town Council vacancies (S403, Par. B).
Affecting section 1403 of the Charter

 

The Town Solicitor confirmed to Councilor Shaw that this could not be handled through an ordinance.

The Council and Commission discussed details of and options to the suggested change of putting a school committee vacancy replacement in the hands of the School Committee and away from the Council.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR KINCH, AND IT IS VOTED TO MOVE THE AUTHORITY BACK TO THE COUNCIL, BY A ROLL CALL. VOTE FAILED 5/1

Aye: Councilor Schmitt

 

Item 2a. Removal of residency requirements for any unelected, paid position.

Affecting sections 602, 702, 1603, 1603 of the Charter.

 

Removing the town solicitor, probate judge from the residency requirement was discussed. The parks & recreation director description in the Charter is already silent and need not be included in the question. It was felt that the Town Sergeant should be a resident. The solicitor confirmed that this was something that had to be resolved in the Charter, not by ordinance.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS VOTED TO APPROVE THE CHANGES. VOTE 6/0

Item 2b. Eliminate Town-based bias for Bid-based purchases
Affecting section 906 of the Charter.

 

The Council, Solicitor and Chairman Beaulieu discussed the details and potential language changes. Councilor Shaw asked if this could be accomplished by an ordinance, to which the Solicitor responded in the negative.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO MOVE FORWARD TO THE SOLICITOR FOR LANGUAGE REVIEW. VOTE 6/0

 

Item 3a. Selectively revise educational requirements for Executive Staff positions.

Affecting section 1713 of the Charter.

 

Discussion ensued with the Council about the positions affected, whether all should have the same requirements, if these could be done by ordinance or charter.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD FOR FURTHER DISCUSSION BY THE ADMINISTRATION AND COME BACK TO THE COUNCIL. VOTE 6/0

 

Item 4a. Selectively revise Executive Staff positions to allow for Deputy-level position, when desired.

Affecting sections 601, 901, 1001, 1101, 1301, 1501, 1607 of the Charter.

 

After discussion, it was thought that these could be done by ordinance.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD FOR FURTHER REVIEW AS ORDINANCES. VOTE 6/0

 

Item 5a. Increase minimum planned cost of a building/addition that requires a Building Committee

Affecting section 1713 of the Charter.

This would increase the dollar amount of any project to $1,000,000.00 before a Building Committee for a project would be required.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD. VOTE 6/0

 

Item 5b. Increase level any indebtedness requiring a vote
Affecting sections 806, 905E of the Charter.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD. VOTE 6/0

 

Item 5c. Add customary methods of electronic payments.

Affecting section 905E and 905G of the Charter.

 

After discussion it was determined that this would be a Charter change and would come back to the Council as a question.

There was no vote.

 

Item 5d. Follow State monetary values for competitive bids.

Affecting section 906b, 906d and 906e of the Charter.

 

This would increase the dollar amount of projects required to go out for bid from $7,500 to $10,000, strike the town bidder preference sentence in 906d, and eliminate section 906e in its entirety.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD. VOTE 6/0

 

Item 6. ETHICS. Clarify applicability and consequences, document awareness/training upon being hired, appointed or elected into a Town position.

 

Item 6a. Clarify applicability, distribute Code of Ethics as part of onboarding.

Affecting section 1704.

 

Item 6b. Reinforce provision of 6a during oath of office.

Affecting section 1708.

 

Item 6c. Add reference revocation of benefits/pension

Affecting sections 1709.

 

Councilor Shaw asked if this could be handled by ordinance; the solicitor responded that it could, except for the removal of a person. She would need to look and define what constitutes removal from office.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD FOR FURTHER STUDY. VOTE 6/0

 

Item 7a. Update Article XIII, Dept. of Human and Senior Services.

Affecting section 1301.

 

The Charter Commission suggested changing the name of the department to the Department of Community Services.

 

The Council discussed possible confusion with the change and asked the solicitor to give this further review.

 

There was no vote.

 

Item 8a. For all Boards, Committees and Commissions, unless otherwise stated in the Charter, must be qualified electors of the town.

Affecting sections 1606, 1608, 1609, 1610, 1611, 1612, 1705, 1712, 1713

 

After discussion, no one on the Council wished to make a motion to approve.

The item failed.

 

Item 9. Mayoral Town Council and School Committee salary adjustment method.

Affecting sections 303, 406 and 1404 of the Charter.

 

Item 9a. Tie Mayoral salary to average household income in Cumberland based on US Census data – American Community Survey estimates with 5-year adjustment intervals.

Affecting section 303 of the Charter.

 

Item 9b. Same mechanism for Town Council and School Committee members except at 5% of average household income. Chairperson gets 6%.

Affecting sections 406 and 1404 of the Charter. 

 

Councilor Schmitt stated he would rather see this as an ordinance rather than one of many Charter questions.

Discussion ensued with the Council. The Solicitor commented that any change approved at the general election would go into effect in July of 2025.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO MOVE FORWARD AS A CHARTER ITEM. VOTE 5/1

Nay: Councilor Schmitt

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO SPLIT INTO TWO QUESTIONS, ONE FOR THE MAYOR AND A SECOND FOR THE TOWN COUNCIL AND SCHOOL COMMITTEE. VOTE 3/3
Nay: Councilors Schmitt, Kinch, Magill

MOTION FAILS.

 

Item 10. Charter Review & Amendment – clarification of method and declaration of provisions to be made to inform electorate. Also, any charter change approved by the voters shall be subject to ongoing Charter Review until codified.

Item 10a. New subsection adding allowance for advertising funding.

Affects section 1705 of the Charter; new subsection and creates a new section.

 

Item 10B. Allows for Charter Review Commission to review final language to ensure consistency.

Affects section 1705, paragraph 1 of the Charter and creates a new subsection.

 

The Council discussed existing state law pertaining to providing explanatory mailings to voters, not disbanding the Charter Review Commission until the changes are codified, the costs of a special election. The solicitor stated that item 10b could be done either by ordinance or charter.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO MAKE ITEM 10A PART OF THE CHARTER. VOTE 6/0.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO MAKE ITEM 10B A CHARTER QUESTION. VOTE 6/0.

 

Item 11. New Section to Allow for a Municipal Fire Department
This would be a new section for the Charter.

 

Mr. Beaulieu stated that he had been asked to add this. He had conferred with Fire Chief Anderson for guidance as the Commission talked about this topic.

 

The solicitor spoke about legislation from the General Assembly, and the Council discussed how this could happen.  Councilor Schmitt felt that the town already had the authority to do this.

 

It was determined to move this forward for further review.

There was no vote.

 

Item 12. Increase voter awareness.

Creates one new section, affects sections 409b and 804d, 804i of the Charter.

 

Item 12a. Following RI State Law, require full text of ballot questions to be printed, including detailed description of the impact of the change.
Creates a new section in the Charter.

 

Item 12b. Add: … and on the town’s website.

Affects section 409b in the Charter.

 

Item 12c. Add: … and on the Town’s website.

Affects section 804d, 804i of the Charter.

 

Mr. Beaulieu explained that this was a follow-up to question 10. It was considered to send it to the solicitor for ordinance review. The solicitor commented that it could be done as an ordinance tied to question 10.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO MAKE ITEM 12 A CHARTER QUESTION. VOTE 6/0.

 

Item 13. Clean up items.

 

a. Change “may” to “shall”.

Affects section 304 of the Charter, Absence or Disability

 

The solicitor will review this and draft a sample question.

There was no vote.

 

b. Require 4 “yes” votes for Resolution or Ordinance passage.

Affects section 409D of the Charter.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD TO A QUESTION. VOTE 6/0.

 

c. Eliminate provision for “Special Policemen.”

Affects section 1201d of the Charter.

 

This was put on hold until the Police Chief could be consulted.

 

There was no vote.

 

d. Eliminate requirement for Animal Control to be a division within the Cumberland Police Department

Affects section 1203a of the Charter.

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD. VOTE 6/0.

 

e. Revise “ballfields” to “athletic” fields

Affects Section 1607, A3, A4, Department of Parks & Recreation

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD. VOTE 6/0.

 

f. Provide for consistency of appointments.

Affects section 612 of the Charter.

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO MOVE FORWARD. VOTE 6/0.

 

g. Allow for more than a single additional contract.

Affects section 1201, 1901 and creates one new section to the Charter.

 

Referred to the solicitor.

 

There was no vote.

 

 

PUBLIC COMMENTS

Councilor Shaw expressed his appreciation to the Charter Commission members.

 

ADJOURNMENT

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:46PM. 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.