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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, 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, AUGUST 21, 2024 at 7:30 P.M.
CUMBERLAND PUBLIC SAFETY COMPLEX
1379 DIAMOND HILL ROAD, CUMBERLAND, RHODE ISLAND
The regular meeting was called to order at 8:00 o’clock p.m. with a roll call of members.
MEMBERS PRESENT:
Council President Kinch, Councilors Bradley, Shaw, Magill, Beaulieu and Councilor Schmitt.
Also Present: Mayor Jeffrey J. Mutter; Sarah F. King, Community Outreach Coordinator; Town Solicitor Kelley Morris Salvatore and Sandra M. Giovanelli, Town Clerk.
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
CONSENT AGENDA
A. Acceptance of Minutes of the Regular meeting of July 17, 2024
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
2. Ali & Eli’s Freshly Squeezed
3. Boba Wave
7. Pa’l Monte
8. Team GottaQ
9. The Ish
MOTION TO APPROVE THE CONSENT AGENDA, MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, VOTE 7/0.
PUBLIC COMMENTS
There were no public comments
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
None at this time
B. Update from the School Committee
School Committee member Denis Collins provides the following updates for the School Department.
- School reopens for grades 1 through 9 on Tuesday, September 3rd, all other grades report Wednesday, September 4th.
- Teachers report August 29th & 30th for professional development days.
- School construction at Ashton Schools is on track for reopening.
- Community School construction is underway. This will be the last year the students will be at the transitional building because the BF Norton construction will be done on-site
- The selection of the BF Norton construction company will begin next week.
- Enrollment is at 5,040
- Hiring process; like other districts, there are still some vacancies specifically middle school math & math intervention.
C. Monthly/Quarterly Financial Report ending July 31, 2024
Check registers for July 31, 2024
There were no questions regarding the financial reports
D. Request from the Tax Assessor to review and approve July 2024 abatements and supplemental bills
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, TO UNANIMOUSLY APPROVE THE 2023-2024 TANGILBLE ABATEMENTS FOR $3,671.15. VOTE 7/0.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, TO UNANIMOUSLY VOTED TO APPROVE THE 2024 REAL ESTATE ABATEMENTS FOR $17,910.66. VOTE 7/0.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, TO UNANIMOUSLY VOTER APPROVE THE 2024 REAL ESTATE SUPPLEMENTS IN THE AMOUNT OF
$31,289.36. VOTE 7/0.
F. Department Reports
4. EMS
5. Library
7. Planning & Community Development
8. Police Department
LICENSES
A. ENTERTAINMENT LICENSE
SPECIAL EVENT ENTERTAINMENT LICENSE
1. An application for a Special Event Entertainment License from the Cumberland Beagle Club, 425 Nate Whipple Highway for Layla’s Dream Ride to be held on September 14, 2024, with a rain date of September 15, 2024
MOTION MADE BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. An application for a Special Event Entertainment License from the Parks and Recreation Department for Family Fun Day, to be held at Diamond Hill Park on October 27, 2024 from 12:00pm to 2:00pm.
Parks & Recreational Director Michael Crawley explained that due to on-going construction at the park so there is a good possibility this event may not happen. To be proactive he is seeking approval in case we were able to go forward at the last minute.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. An application for a Special Event Entertainment License from the New England Humane Society/The Hotel for Homeless Dogs for Boo Bash for Rescue Pups to be held at Diamond Hill Park from 11:30 am to 3:30 pm on October 26, 2024, with a rain date of October 27, 2024.
Due to a conflict at Diamond Hill Park, this event will be held at the Monastery.
Business owner Susan Joseph gives a brief explanation of the event. In the past, they have held this event in town as a dog walk, but to make it more inclusive it will be more like a family affair.
President Kinch asked the mayor if he expected any conflict between the people at the playground or the walkers.
The mayor didn’t believe so as it is in the back by the senior center.
Councilor Shaw asked if the dogs would be leashed, and that the property cleaned at the end of the event.
Ms. Joseph confirmed they would be leashed.
The issuance of this license is contingent upon Insurance Certificate, Signed Lease Agreement, and State Promoters Permit.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. VICTUALLING LICENSE
1. An application for a second-class Victualling License from Brittney Elliott of Clover Acres, LLC for Everybody’s Favorite Family Restaurant located at 1368 Mendon Road
The issuance of this license is contingent upon the receipt of the Department of Health Food Business License and Serve Safe Certificate.
MOTION MADE BY COUNCILOR BEAULIEAU, SECONDED BY COUNCILOR METIVIER, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. A transfer application for a Second-Class Victualling License from EMS Food Group, Inc. to Sedkam Enterprise LLC for Saki’s Pizza located at 2339 Diamond Hill Road
The issuance of this license is contingent upon the receipt of the State Retail Permit to make Sales, Fire Department Approval, Department of Health Food Business License, and Serve Safe Certificate.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
C. PRIVATE DETECTIVE LICENSE RENEWAL
1. Noah Brodbar
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #24-19 – An ordinance amending Chapter 38, Article III (Entitled Parking, Stopping, and Standing) of the Town of Cumberland’s Code of Ordinances (Presented by Councilor Magill) (tabled from July 17, 2024)
Councilor Schmitt stated that the Ordinance Sub-Committee met last night but was tabled to allow time to receive recommendation from the Police Department.
Councilor Magill mentioned that he had the opportunity to speak with the Chief and Captain earlier today. They reviewed the area and they did not have any issue with approving it.
Councilor Schmitt noted that in that case, he recommends that they make a motion to approve.
The public hearing opened at 8:02 pm
There were no public comments
The public hearing closed at 8:03 pm
MOTION MADE BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, IT IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE. VOTE 7/0
2. #24-20 – An ordinance relating to door-to-door solicitation (Presented by the Administration)
Councilor Schmitt stated this was also on the sub-committee’s agenda last night. The Mayor contacted him prior to the meeting indicating he’d like to make some further tweaks and requested it be tabled to our next meeting.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO TABLE TO SEPTEMBER 18, 2024. VOTE 7/0
NEW BUSINESS
A. CLAIMS
1. Tim Hicks
REFERRED TO FINANCE SUB-COMMITTEE
B. RESOLUTIONS
1. R-24-70 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Marcum Accountants & Advisors to perform the annual audit for the Town of Cumberland for the fiscal years ending June 30, 2024, June 30, 2025, and June 30, 2026 for an amount not to exceed two hundred and forty-six thousand dollars ($246,000).
Mayor Mutter explained this is for the yearly financial statements, there were two bids received, and Marcum has a good working relationship with the town and the money will be paid out of the budgets of the town and the school department for those three years.
MOTION MADE BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
2. R-24-71 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter a contract with E.W. Burman for the construction work associated with the Amaral Building for three million one hundred and fifty thousand dollars ($3,150,000) with a fifteen percent (15%) town-held contingency for a total not to exceed amount of three million six hundred and twenty-two thousand five hundred dollars ($3,622,500)
Ms. King provided a presentation on this project.
Councilor Shaw congratulated Ms. King for a job well done. He noted he did a great job as far as the timeline. It is a privilege to have the same Council that approved this project see it through this stage.
Councilor Beaulieu asked if they anticipate a change to the footprint, and when they expect the project to be completed.
Ms. King replied that there will be a small addition to the back of the building. As some may recall there is no access to the second floor as the previous exterior staircase was torn down for safety purposes. To make the second-floor ADA-compliant and accessible as is required now, elevator access is necessary in addition to stairs. It wouldn’t be feasible or cost-effective to try to put it into the existing historical building so there will be a small addition in the back that’ll house the elevator, stairs, and a bathroom. As far as the expected completion date, there is a hard deadline for the second grant, the community multipurpose facilities program, the building needs to be operational by the end of 2026. She noted that they do not expect it will take them to the end of 2026. The contractor has indicated that they are available to start the project after Labor Day.
Councilor Bradley questioned where the bid was advertised. Also, does she believe the deadline was the cause for only one bidder?
Ms. King responded that the bid was issued on the RI State Purchasing website and the Town’s website. Additionally, the architect issued it to all historic preservationist contractors as it is on the National Historic Registry there is a requirement that they have a certain level of historical experience. The deadline was extended based on the pre-bid meeting request at which time there was a request to extend the deadline which we met. There was no one else that reached out with any comments or concerns about the deadline.
Councilor Bradley clarified that his question was related to the project completion date, not the bid submission deadline.
Ms. King responded no, some of the feedback they heard was that the footprint of the project was too small and they were looking for bigger projects.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
3. R-24-72 – A resolution authorizing the finance director to discharge uncollectable motor vehicle and tangible taxes in the amount of four hundred sixty-four thousand, eight hundred ninety-three and 01/100 dollars ($464,893.01)
The Finance Director explained this is to allow them to write off any uncollected motor vehicle and tangible taxes that have passed the 10-year statute of limitation, therefore, anything prior to 2013.
President Kinch noted that Enterprise Rental Car is listed; how do they just disappear?
The Finance Director pointed out that it could be a leased vehicle.
MOTION MADE BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
4. R-24-73 – A resolution authorizing Mayor Jeffrey J. Mutter to engage the legal services of Robert Cavanaugh, Esq. and Manning Gross + Massenburg LLP (“MG+M) and issue a retainer payment in the amount of eight thousand one hundred and four dollars and two cents ($8,104.02 to MG+M for legal services pertaining to the lifetime contracts litigation
Solicitor Kelley explained there was a change in counsel and the retainer had run out, and they are looking to establish a new retainer at a lower rate which will be paid to the Attorney, and they will withdraw from it as needed.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS VOTED TO APPROVE. VOTE 5/2
NAY VOTES - COUNCILOR BRADLEY AND PRESIDENT KINCH.
5. R-24-74 – A resolution authorizing a change order to Tower Construction Corp’s contract for boulder removal in a total amount not to exceed forty-one thousand seven hundred and sixty-nine dollars ($41,769)
Director Crawly noted the original contract included the removal of 2 cubic feet of boulders, anything over that, the town was responsible for. The change order is for the overage totaling $41,769.
President Kinch questioned if they were aware ahead of time that we’d be responsible for anything over the 2 cubic feet.
Mr. Crawley replied that they were aware it was in the contract.
Mayor Mutter questioned the reference on line 14, page 3 of the Change Order.
Solicitor Kelley suggested amending the resolution to reflect the disposal of 110 boulders over two cubic yards.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, IT IS UNANIMOUSLY VOTED TO APPROVE AS AMEND LINE 14 TO READ “110 BOULDERS OVER TWO CUBIC YARDS”. VOTE 7/0
Solicitor Kelley suggested amending the original amendment made, Line 14 of the resolution by removing the 2 cubic yards, the measurement does not need to be included in the resolution.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, IT IS UNANIMOUSLY VOTED TO AMEND LINE 14 BY REMOVING “OF 2 CUBIC YARDS”. VOTE 7/0
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER TO APPROVE AS AMENDED R-24-74IS UNANIMOUSLY. VOTE 7/0
6. R-24-75 – A resolution authorizing a change order to Tower Construction Corp’s contract for fire alarm devices in a total amount not to exceed three thousand ninety-three dollars and five cents to exceed ($3,093.05)
Director Crawly pointed out that our local fire department had the plans and there was a device they didn’t think we needed when the original bid went out to bid. Consequently, learned that this is part of a state law that the device is required to be added to the fire alarm system.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
7. R-24-76 – A resolution authorizing a change order to Saccoccio & Associates contract in an amount not to exceed three thousand five hundred and fifty-two dollars and forty-six cents ($3,552.46)
Director Crawly explains that this change order is relative to the disposal of materials and testing of soil. He noted that the tests all came back negative.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
8. R-24-77 – A resolution authorizing the Chief of Police to present purchase of license-reading cameras to the Town Council for approval with future expansion of the program to be authorized by the Town Council
Councilor Schmitt stated that this was before the Ordinance Sub Committee and questioned the technicality of the title of resolution on the agenda to authorize the Chief of Police, but the actual title of resolution is different.
Solicitor Kelley explained that it was the original title we were using before she had the opportunity to draft the resolution.
Councilor Schmitt asked the Solicitor if an amendment should be made on the title?
Solicitor Kelley agreed to amend the title as it appears on the agenda.
MOTION MADE BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, IT IS UNANIMOUSLY TO APPROVE AS AMENDED THE TITLE OF RESOLUTION R-24-77 TO “A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO PRESENT PURCHASE OF LICENSE-READING CAMERAS TO THE TOWN COUNCIL FOR APPROVAL WITH FUTURE EXPANSION OF THE PROGRAM TO BE AUTHORIZED BY THE TOWN COUNCIL”. VOTE 7/0
Chief Benson acknowledged that there is a representative in the audience from Flock for any technical questions.
The Chief highlighted that this has had tremendous success in this State, in this region, and in this Country. The Chief explained this technology will take a picture of the rear of the plate of the vehicle and will allow law enforcement to search an objective view of evidence. He noted that the data is deleted after thirty days. The technology will also work for Amber Alerts and Silver Alerts as well as provide the ability to see the vehicle associated with those alerts.
Councilor Magill asked the Chief to speak about the protection of the Flock data.
Chief Benson explained that data is stored on Amazon web services with the same security level of all Federal Security, Homeland Security and draws distinction that the same web server for privacy, it is owned by the Town and will be deleted after thirty days.
Councilor Shaw inquired if the technology will be able to take pictures of vehicles leaving the Town as well?
Chief Benson explained it will only capture vehicles entering the community.
Councilor Shaw requested Flock to provide the Council data that will be useful over the next two years.
Chief Benson stated he is confident in producing something of substance to provide the Council with data and an audit as long as it is not part of any investigation.
Councilor Metivier inquired if other communities are using Flock or if there are any other vendors?
Chief Benson elaborated that other communities are using Flock and is unaware of any other vendors.
Councilor Schmitt addressed the Council by adding that this is not an approval of authorization of purchase, this is more a policy decision, and does it fit the budget. The purchase of any system will come at a later date.
Mayor Mutter asked why the data would be kept for only thirty days?
Chief Benson suggested that many things are not reported immediately. There is a level of not keeping data for too long, but not deleting data immediately.
Hector Soliman-Valdez addressed the Council on behalf of Flock and explained it is to vote as policy makers.
Councilor Beaulieu questioned if there is a data breach?
Hector Soliman-Valdez responded to the question by stating that the data will be secured, and it is images of the back of vehicles and assures the council that to date there have not been any incidents of data breaches.
Craig Swonka spoke regarding ACLU and the data collected by Flock is not in danger, the real danger of abuse will be from your own Town of people accessing it or other Towns that you share information with.
Chief Benson explained that the data shared is the map provided and the customers that are boarding not whom we will share data with.
Craig Swonka suggested an annual audit be reviewed by Town Council or Mayor.
Hector Soliman-Valdez reiterated that this is for judicial legal law enforcement purposes.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
9. R-24-78 – A resolution honoring and remembering former Town Council President John Jackson for his years of service to the Town of Cumberland
The following previous Council Presidents and Mayor spoke fondly of Mr. Jackson’s commitment, dedication, and leadership to this community as well as their meaningful friendship with him.
David Chenevert, Lorraine Hynes, Scott Partington, Craig Dwyer and Mayor Murray.
MOTION MADE BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
10. R-24-79 – A resolution to approve payment to Advance Electrical Corp. for the emergency generator to replacement at the Curran Road pumping station in an amount not to exceed fifty-four thousand seven hundred and forty dollars ($54,740)
Mayor Mutter explains that this generator is no longer in service, it is vintage 1986 and there are no parts available.
MOTION IS MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, IT IS UNANIMOUSLY VOTED TO APPROVE R-24-79. VOTE 7/0
C. ORDINANCES – PRESENTATION & PERMISSION TO ADVERTISE
1. #24-21 – An ordinance amending the ordinance relating to animals (Presented by the Council President on behalf of the Administration)
REFERRED TO THE ORINANCE SUB-COMMITTEE
2. #24-22 – An ordinance amending salary ranges for the executive staff and other positions (Presented by the Council President on behalf of the Administration)
REFERRED TO THE FINANCE SUB-COMMITTEE
3. #24-23 – An ordinance amending the Zoning Ordinance to Add the Beagle Club Overlay District and Amend the Zoning Map for Parcels Identified as Assessor’s Plat 40, Lots 5, 6, 7, 8 and 43 to be Included within the Beagle Club Overlay District
REFERRED TO THE ORDINANCE SUB-COMMITTEE
PUBLIC COMMENTS
Councilor Shaw would like to share that the Valley Breeze had an article about a local restaurant that allows Veterans to eat for free every first Friday. The establishment is Badgers Pub located at 530 Broadway in Pawtucket.
ADJOURNMENT
COUNCILOR SHAW MADE A MOTION, SECONDED BY COUNCILOR MAGILL TO ADJOURN AT 9:49 PM. VOTE 7/0.