MINUTES OF THE SPECIAL MEETING OF THE CUMBERLAND TOWN COUNCIL

TUESDAY, JULY 9, 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 6:00pm with a roll call of members.   

 

MEMBERS PRESENT:

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

 

Also present—Town Solicitor Kelley Morris Salvatore; Town Clerk Sandra M. Giovanelli; Charter Review Commission Chair Rick Beaulieu and members of the commission.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

1. Recognizing Diamond Hill Eagle Scout Troop 1

Mayor Mutter spoke in appreciation of all the projects done by the Boy Scouts. This evening Animal Control Officer Dave Waycott and Assistant Ryan Theroux recognized new Eagle Scout designee, Norman Decelles. Norman took on the project of creating an outdoor play yard at the Animal Control facilities, to be used as both an exercise yard for the dogs and a “meet and greet” area for potential adopters. After completing the project requirements and raising the necessary funds, Norman and members of Troop 1 installed the large play yard in front of the shelter. Messrs. Waycott and Theroux presented the troop members with certificates.

 

CONSENT AGENDA

A.  MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE

      1.  Kona Ice

      2.  Alien Ice Cream

      3.  Turner Bros

 

B.  COMMUNICATIONS

1. C-24-37 –  Governor McKee’s FY2024 budget proposal to the state legislature for a $100 million state housing bond issue to fund the construction of affordable and attainable housing in Rhode Island

 

2. C-24-38 – A revised permit issued to Berkeley Acquisitions Inc. from the Department of Environmental Management Freshwater Wetlands Program.

 

3. C-24-39 – A notice of violation issued to UST Facility No. 03036, 1400 Diamond Hill Road, from the Department of Environmental Management Office of Compliance & Inspection

 

4. C-24-40 – A notice of application for freshwater wetlands permit related to Assessor’s Plat 50, Lot 223

 

5. C-24-41 – A notice of application for freshwater wetlands permit related to Assessor’s Plat 35, Lot 57

 

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

 

At the Mayor’s request, ordinance 24-08A was moved up.

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING

1.  #24-08A – An ordinance amending the General Fund Budget for fiscal year 2023-2024 (2^nd hearing & vote) (tabled from June 5, 2024)

 

Public hearing opened at 6:09pm

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #24-08B IN PLACE OF #24-08A, BY A ROLL CALL.  VOTE 7/0.

 

President Kinch read the figures for revenues and expenditures.
 

Public hearing opened the public hearing again at 6:17pm

 

Mayor Mutter gave a brief overview of the budget.

 

President Kinch asked if anyone from the public wished to comment on this budget amendment. There was no one.

 

Public hearing closed at 6:21pm

 

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

 

C.  COMMUNICATIONS

     1.  Discussion relating to low-speed vehicles

 

President Kinch reported that he did get responses from rescue and EMS confirming they had no issues with the vehicles. There are no local restrictions necessary now that state legislation allows for use of these vehicles on all roads. Towns have an option to control their own town roads. For the record, Mr. Kinch stated that if the vehicles had been prohibited from State roads, he would have wanted to ban them from local roads.

There was no opinion from the council, so the matter will go forward.

 

     2.  Discussion on proposed Charter Review amendments, and possible vote

(Moved down)

 

LICENSES

 

A. ENTERTAINMENT LICENSE

1.  An application for a Special Event Entertainment License from British Motorcars of New England for Anniversary Celebration to be held at Diamond Hill Park on July 20, 2024, from 11:00a.m. to 3:00p.m.

 

Pending insurance, signed lease agreement and police approval.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, WITH THE STIPULATION THAT THERE ARE NO OTHER EVENTS AT THE PARK THAT DAY.  VOTE 7/0.

 

OLD BUSINESS

 

A.  ORDINANCES FOR PUBLIC HEARING     (Heard earlier)

1.  #24-08A – An ordinance amending the General Fund Budget for fiscal year 2023-2024 (2^nd hearing & vote) (tabled from June 5, 2024)

 

B.  RESOLUTIONS

       1.  R-24-49 – A resolution requesting that the Rhode Island Secretary of State place certain questions on the November 5, 2024, Election Ballot (tabled from May 15, 2024)

(Moved down)

 

NEW BUSINESS 

     A.  APPOINTMENT

           HISTORIC DISTRICT COMMISSION  

1.      Quinn Sullivan, replacing Joe Santoro, term to expire December 31, 2024

 

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

 

PRINCIPAL PLANNER

1.      Abigail McVerry

 

Mayor Mutter spoke about the selection process resulting in Ms. McVerry’s appointment.

 

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

 

C.  COMMUNICATIONS

     2.  Discussion on proposed Charter Review amendments, and possible vote

 

President Kinch alerted the audience that this would be a lengthy process and gave folks a few minutes to leave if desired.

 

Town solicitor Kelley Morris-Salvatore summarized the previous meeting wherein the Council met with the Charter Review Commission; at which the Council went through all the Commission’s proposed changes. Some questions had been moved forward as is, and it was felt that some required further communication with members of the administration. Ms. Morris-Salvatore had provided a new document outlining the questions by number, with line numbers to make reference easier. The questions had been shared with Charter Review chair Rick Beaulieu who was present to participate this evening.

 

Mr. Beaulieu relayed the Commission’s process of consideration as they reviewed the Charter and their intention on each proposed change. The Council and solicitor engaged in discussion on the individual questions and the language presented.

 

Question 1

Mayor’s Salary

Shall the Mayor receive a minimum annual salary equal to the average household income for the Town of Cumberland using most recent income statistics available from the U.S. Census Bureau and be adjusted every 5 years beginning the first fiscal year following the adoption of this amendment? [Amends Sect. 303.]

 

Ms. Morris-Salvatore noted that no change had been made to this question since the first discussion with the Council.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE QUESTION 1.  VOTE 6/1.

Nay: Councilor Bradley

 

 

Question 2

Residency Requirements of Certain Appointed Officials

Shall the requirement that the Town Solicitor and any assistants, and the Judge of Probate be a qualified elector of the Town be removed from the Charter? [Sects. 602, 702]

 

Councilor Beaulieu questioned the word “assistants” and it was determined to change the language to “other attorneys”.

MOTION BY COUNCILORS BEAULIEU & SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE QUESTION 2 AS AMENDED.  VOTE 6/1.

Nay: Councilor Bradley

 

Question 3

Borrowing by the Town

Shall a vote by the town electorate be required in order to incur any debt which requires pledging the credit of the town in any one fiscal year be increased to Two Million Dollars ($2,000,000.00) in any one fiscal year or in excess of Five Million Dollars ($5,000,000.00) in total debt obligation regardless of fiscal year?   [Sect. 806.]

 

Solicitor’s/Mayor’s comment.  Propose to remove “or in excess of $5M in total debt”; otherwise, any amount over $5M would require referendum.  After further consideration, we propose the following question:

Shall a vote by the town electorate be required in order to incur any debt which requires pledging the credit of the town in any one fiscal year be increased to Two Million Dollars ($2,000,000.00) in any one fiscal year and that no borrowing shall be divided over more than one fiscal year for the purposes of circumventing the requirement for a referendum?  [Sect. 806.]

Solicitor Morris-Salvatore clarified that the vote would be for Question 3, lines 24 through 27.

After discussion, President Kinch asked for a motion to approve question 3, lines 24 through 27.

Further discussion ensued with the Mayor, Council, Commissioner Beaulieu and solicitor Morris-Salvatore regarding the dollar limit. The solicitor suggested tabling any question they were not sure of to the July 17, 2024 meeting.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO TABLE QUESTION 3 TO JULY 17, 2024.  VOTE 7/0.

 

Question 4

Establishment of Building Committee

Shall amount of cost required for establishment of Building Committee be increased to One Million Dollars $1,000,000.00?   [Amends Sect. 1713.]

Shall the planned cost of a new building or addition to an existing building or any new public facility including buildings and facilities for the School Department increase to $1,000,000 in order to require the establishment of a building committee? [Amends Sect. 1713.]

The language was changed to read “Shall the amount of cost required for establishment of a Building Committee be increased to one Million Dollars $1,000,000.00?”

 

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

 

Question 5

Absence or Disability of Mayor

Shall the Council President, or the President Pro Tempore if the Council President is unable to serve, be designated as Mayor during such absence or disability of the Mayor, and further if neither is available, then the Council shall appoint one of its members? [Amends Sect. 304.]

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

 

Question 6

Purchasing

Shall the requirement for seeking three (3) quotations for purchases under $5,000.00, or $7,500.00 in the case of construction-related matters, be removed, and the requirement for competitive sealed bids for supplies, materials, equipment or work be increased to purchases in excess of $10,000.00 for construction-related matters and as consistent with state law?  [Sect. 906B and E.]

 

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

 

Question 7

Duties and Powers of Finance Director

Shall the Finance Director’s duties and powers be amended to include having safekeeping and receipt and delivery of all manners of indebtedness and that payments made be made in any legally permitted manner? [Sect. 905E.]

                                                                      

The language on line two was changed to read: “…payments may be made…”

 

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

 

Question 8

Council Procedure

Shall proposed ordinances be posted on the Town’s website at least three (3) business days prior to approval and shall resolutions require the affirmative vote of at least four (4) members of the Town Council?  [Amends Sect. 409]

 

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

 

Question 9

Notice relating to Ordinances and Budgets

Shall proposed ordinances, annual budgets, amendments to budgets, and related notices be posted on the Town’s website for the same period of time they are otherwise required to be available or advertised?   [Sect. 409.B, 804.D, I] .

 

Discussion ensued regarding the complexity of getting an ordinance created prior to a Council meeting.

 

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

 

Question 10

Vacancies on School Committee

Shall a special election be called within 75 to 90 days after a vacancy has occurred on the School Committee if such vacancy has occurred twelve months or more prior to the regular election, and if the vacancy occurs less than 12 months prior to the regular election, then the vacancy be filled by the remaining members of the School Committee by an individual who resides in the same district of the member being replaced? [Sect. 1403.]

 

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

 

Question 11

Preference in Awarding Substantially Similar Bids to Town-Owned Businesses

Shall the Town Council have discretion in awarding a contract to a business located within the Town if submitted bids are otherwise substantially equivalent or deemed a nominal difference?  [Sect. 906D]

 

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

 

Question 12

Requirement for Public Hearing Charter Review Commission

Shall the Charter Review Commission hold at least one public hearing with notice by advertisement in a newspaper of general circulation and not be disbanded until amendments are codified? 

 

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

 

Question 13

Appointment of Members of Historic District Commission

Shall the members of the Historic District Commission be appointed by the Town Council, rather than by the Council President?  [Sect. 1612]

 

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

 

Question 14

Miscellaneous Amendments

Shall the Town of Cumberland be empowered to make several amendments to Sects. 905G, 1301, 1607.A.3, 4, 1705] for the sole purpose of clarifying language in the existing Charter for the sole purpose of clarifying language or to remove language that has become obsolete due to changes to state law or passage of time?  [Sects. 905.G, 1201, Art. 13, 1607.A.3, 4, 1705, 1901]

 

 

905.G. – clarifies that funds paid out may be by electronic/bank transfer and legally permitted means

 

1201 – clarifies that Police Chief may have multiple 3-year contracts

 

Art. 13 – removes outdated and abandoned Department of Human and Senior Services; public assistance services are provided by the State. 

 

1607A.3, 4 – modernizes types of fields as “athletic fields.”

 

1705 – clarifies that School Committee appointment to Charter Review Commission shall be by majority of School Committee members. 

 

1901 – clarifies that Chief of Emergency Management Services may have multiple 3-year contracts

­­­­­­­­­­­­­­­­­­

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

 

Question 15

Shall the Chief of Police be prohibited from appointing additional special policemen officers for occasional services?  [Sect. 1201.D]

The solicitor reported that Chief Benson does not support this Question. Although he does not believe this is needed presently, he would prefer to have the ability to appoint special (trained) policemen officers if it becomes necessary to fill schedule or otherwise. 

 

It was determined that the Council would hold this question and the solicitor would reword this question and bring it back to the Council at the July 17, 2024 meeting.

 

There was no vote.

 

 

The solicitor explained that the following question on employee qualifications, Alternate question 16, would constitute a grouping of proposed Questions 16 – 19; she had provided the Mayor and Council the option to select either the combined or individual questions.

 

Mr. Beaulieu commented that the DPW director position should be added to the list.

 

Alternate Question 16

Qualifications of Town Employees

Shall qualifications for town employees be changed from “required” to “preference”/“given consideration”?  (Sects. 903, 1001, 1201A, 1901]

 

Question 16

Qualifications of Finance Director

Shall the qualifications of Finance Director be changed to give preference/consideration to candidates that have at the minimum a bachelor’s degree in finance or accounting and knowledge of municipal accounting and taxation practices and experience in budgeting and finance control rather than a requirement of those qualifications? [Sect. 903.]

 

Question 17

Qualifications of Tax Assessor

Shall the qualifications of Tax Assessor be changed to give preference/consideration to candidates that hold a certificate from the Rhode Island Association of Assessing Officers, rather than a requirement of those qualifications? [Sect. 1001.]

 

Discussion was held about the impetus for this – flexibility and more latitude for hiring without being hamstrung on the existing language in the Charter. Mayor Mutter commented that candidates for certain positions are limited in having appropriate municipal experience.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO REMOVE QUESTIONS 16 AND 17.  VOTE 7/0

 

Mayor Mutter commented for the record that he would be fine if the Council wanted to remove questions 18 & 19 as well.

 

Question 18

Qualifications of Chief of Police

Shall the qualifications of Chief of Police be changed to add the preference/consideration of the alternative of a bachelor’s degree or a minimum of 10 years of agency experience? [Sect. 1201A.]

 

Question 19

Qualifications of Chief of Emergency Medical Services

Shall the qualifications of Chief of Emergency Medical Services be changed to add the preference/consideration of the alternative of a bachelor’s degree or a minimum of 10 years of agency experience? [Sect. 1901.]

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO REMOVE QUESTIONS 18 AND 19.  VOTE 7/0

 

Question # (For review)

Department of Community Services

Shall the Town be permitted establish a Department of Community Services to have powers and duties relating to the well-being of people in the Town who are in financial hardship, with disabilities, aged, and/or with chronic illness consistent with state law? [Sect. 1301.]

§ 40-6-3.7. Local welfare offices.
There shall be in each city or town a public welfare office or offices where persons may make application for any type of public assistance, unless the director of the department of human services designates other suitable offices within the state where persons may make application. Suitable quarters for the office shall be provided by cities and towns, and for the expense of maintaining the offices, the cities and towns shall be reimbursed as a general public assistance expense. In situations where, in the judgment of a city or town, the amount of work does not justify the establishment of a local office or where, for other reasons, a city or town does not desire a local office, the state may, with the approval of the cities or towns concerned, establish an office that may serve two (2) or more cities or towns.

 

Solicitor Morris-Salvatore stated that this question had been on for review at the last meeting - she had included it in “miscellaneous” because this department is covered by the state. She had added the state statute which says we have to have a public welfare office unless the Department of Human Services designates other suitable offices within the state – which they have. So, we don’t need this so this would come out under “miscellaneous” – it’s obsolete. Rather than making it into some other department.

 

Per the solicitor, this does not require a motion or vote. It’s already included in the miscellaneous section of the Charter.

No vote was taken.

 

Question # (For review)

Establishment of Town Fire Department

Shall the Town be permitted to establish a municipal fire department, headed by a Chief, who shall have a bachelor’s degree or a minimum of 10 years of battalion chief experience and a minimum of 15 years of experience in fire or other comparable service, as appointed by the Mayor and approved by the Town Council and with the Town having the authority to enter into an employment agreement with a three-year term and the option to extend for an additional three years, and such other subordinate firefighters as many be necessary as determined by the Town Council? [Adds a new section.]

Solicitor’s review.  This question is not needed; Sect. 407G provides authority for creating Town departments not established by Charter.  When Town is ready to create a municipal fire department, voters would likely be asked to essentially repeal the Cumberland Fire District’s legislative charter.

Again, there was no need for a motion or vote.
No vote was taken.

 

President Kinch thanked Mr. Beaulieu and Charter Review Commission for the excellent job they had done.

 

Mr. Beaulieu recommended that a printed education process for all the questions be provided to the public.

 

Councilor Shaw asked if it were appropriate for the Council to rate the questions in the order they feel is most important and provide that information to the solicitor and town clerk.

 

Further discussion ensued on how best to present the information to the public.

OLD BUSINESS

B.  RESOLUTIONS

1.  R-24-49 – A resolution requesting that the Rhode Island Secretary of State place certain questions on the November 5, 2024, Election Ballot (tabled from May 15, 2024)

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 17, 2024.  VOTE 7/0.

 

NEW BUSINESS

B.  ORDINANCES – PRESENTATION & PERMISSION TO ADVERTISE

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)

Referred to the Ordinance Sub Committee

PUBLIC COMMENTS

There were none.

 

 

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:27PM. 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.