MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, JANUARY 3, 2024, 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 7:36pm with a roll call of members.   

 

MEMBERS PRESENT:

In person: President Kinch, Councilors Bradley, Shaw, Magill, Metivier, Schmitt and Beaulieu.

 

Also present—Mayor Jeffrey J. Mutter; Outreach coordinator Sarah F. King; Town Solicitor Kelley Morris Salvatore; Town Clerk Sandra M. Giovanelli; DPW Director Joe Duarte

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

 

CONSENT AGENDA

A.    Acceptance of Minutes of the Regular Meeting of December 20, 2023

 

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.     Deputy Secretary of State Rob Rock, on behalf of the RI 250^th Commission, to discuss the creation of local 250^th committees ahead of the 250^th anniversary of the founding of our country.

 

Mr. Rock spoke about the upcoming anniversary commemoration in 2026, which the Secretary of State’s office has already begun working on. The State Commission is made up of historians and archivists, and they have been tasked with working with local organizations, cities and towns to help them create their own 250^th Commissions. The State will help facilitate any plans local commissions wish to put forward. A brief discussion ensued with the Council.

 

C.    Cumberland Village Common Presentation

Accompanied by a Powerpoint presentation, Andrea Galgay explained that the Village Common concept was created with the goal of helping to keep elderly people in their own homes as long as possible by providing volunteer services to complement existing town services.

Ms. Galgay responded to questions from the Council.

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING

1.  #23-18 – An ordinance to change the Town of Cumberland Zoning Map – Assessor's Plat 39, Lot 292 (tabled last from December 20, 2023)

 

Councilor Schmitt stated that the Planning Board had provided a favorable opinion, and the Ordinance Sub Committee also voted 3-0 for a favorable passage to the Council.

 

Public hearing opened at 7:58pm

 

Property representative Thomas Carter, on behalf of JSC Management LLC addressed the Council, stating that the petitioner has received a positive recommendation from the Planning Board for the Zone change. The only addition to the property is the addition of another lane for the drive-through service for greater effectiveness.

 

Public hearing closed at 7:59pm

 

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

2.  #23-24A – An ordinance establishing a Resident Only Parking Program (Presented by President Kinch on behalf of the Administration) (tabled last from December 20, 2023)

 

Councilor Schmitt stated that the Ordinance Sub Committee was recommending tabling for 30 days. There are additional changes to be made by the solicitor and the ordinance will be revisited by the sub-committee once those are complete.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO FEBRUARY 7, 2024.  VOTE 7/0.

3.  #23-29 – An ordinance relating to the Department of Planning and Community Development (tabled from December 20, 2023

 

Councilor Schmitt explained this ordinance originated with the administration due to the retirement of Planning Director Jonathan Stevens, leaving a void in the department. The Mayor would like to hire someone to fill that void. The sub-committee had voted 3-0 for favorable passage.

Public hearing opened at 8:01pm

 

Mayor Mutter stated that this resolution is indeed due to Mr. Steven’s retirement. Town Planner Mr. Modica would be elevated to the Director position and they are in the process of seeking a replacement for Mr. Modica’s position. In the meantime, there are several projects that Mr. Stevens was intimately involved in; once his mandated amount of time - based on his retirement and what he is allowed to work after that – is up, it is the Mayor’s intention to place Mr. Stevens in a third position if the council approves.

 

Public hearing closed at 8:03pm

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS BEAULIEU & METIVIER, AND IT IS VOTED TO APPROVE, BY A ROLL CALL.  VOTE 6/1.
Nay: Councilor Bradley

 

President Kinch asked to move up New Business/Resolution R-24-05 up to be heard next.

 

NEW BUSINESS

5.  R-24-05 –  A resolution requesting that Rhode Island Department of Transportation investigate drainage issues at the intersection of Mendon Road and Paradise Lane (Presented by Council President Kinch)

 

Resident Mark Felber, 3134 Mendon Road, stated he was looking for some help with solving the road drainage problem. His outbuildings are being destroyed due to the flooding. This issue has been going on for quite a while. The state and the town both claim it’s the other’s problem.

 

DPW director Joe Duarte acknowledged that this is a site known to flood. It is a couple of feet lower than Mendon Road with no drainage structures. He is going to do more research on the issue to see what the solution could be.

 

The Council asked questions of Mr. Felber.

 

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

 

OLD BUSINESS (cont.)

B.  RESOLUTIONS

1.  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 December 6, 2023)

 

This resolution was withdrawn temporarily by the administration.

 

NEW BUSINESS

A.  RESOLUTIONS

1. R-24-01 –  A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase a Wacker Neuson Triple-boom wheeled excavator from Tri-County Contractor’s Supply Inc. for the Cumberland Highway Department in an amount not to exceed one hundred and seventy-eight thousand four hundred and tree dollars and fifty cents ($178,403.50)

 

DPW Director Duarte stated this is a piece of equipment they would like to purchase to enhance their roadside vegetation control and replace the existing, older piece of equipment.

 

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

 

2. R-24-02 –  A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase one F3710 Front Mount Mower for the Cumberland Highway Department in an amount not to exceed twenty-seven thousand seven hundred and fifteen dollars ($27,715)

 

DPW Director Duarte commented that this is another replacement vehicle to replace one of the two similar pieces of equipment now.

 

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

 

3. R-24-03 –  A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase a MCT Deckover 10K trailer from E-Z Dumper and Trailer’s Inc. for the Cumberland Highway Department in an amount not to exceed seven thousand nine hundred and eighty-eight dollars ($7,988)

 

DPW Director Duarte explained this piece of equipment would replace their 1988 trailer.

 

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

 

4. R-24-04 –  A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with Ferreira Construction Company Inc. for the Abbott Street Pump Station project in an amount not to exceed seven hundred and twenty-nine thousand nine hundred and ten dollar ($729, 910)

 

DPW Director Duarte stated the town is replacing the sanitary sewer pump station at Abbott Street station.  BETA group is recommending going forward with Ferreira on this project.

 

In response to a question by Councilor Schmitt, Mayor Mutter gave figures for the town fund balance.

 

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

 

5.  R-24-05 –  A resolution requesting that Rhode Island Department of Transportation investigate drainage issues at the intersection of Mendon Road and Paradise Lane (Presented by Council President Kinch) heard earlier

 

6.  R-24-06 –  A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with Beta Group for an extension of their services relating to the Peterson Puritan Superfund site in an amount not to exceed twenty-five thousand dollars ($25,000)

 

Mayor Mutter addressed the resolution, saying that our discussions have been more positive – this reflects the last expenditure the town will make for this project.

 

Councilor Metivier discussed the creation of the park on the site with the Mayor.

 

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

 

7. R-24-07 –  A resolution authorizing the use of 1512 Mendon Road by Rhode Island Community Training Center on February 10, 2024

 

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

 

B.  APPOINTMENTS

      TREE WARDEN REAPPOINTMENT

      1.  Mark Dew

 

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

 

PUBLIC COMMENTS  

 

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:34PM. 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.