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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 Jr., 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, JUNE 5, 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 7:52pm with a roll call of members.
MEMBERS PRESENT:
In person: President Kinch, Councilors Bradley, Magill, Shaw, 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; Parks & Recreation Director Mike Crawley; DPW Director Joe Duarte
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
President Kinch announced that ordinances #24-09 and #24-10 will be tabled to July 17, 2024.
CONSENT AGENDA
A. Acceptance of Minutes of the Special and Regular Meetings of May 15, 2024, and the Special Meetings of May 23, 2024, and May 29, 2024.
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
1. Incredabowl
3. Bbqymas
7. Tacofied
8. Mac Daddy
12. Wiener Wagon
13. Friskie Fries
14. Del’s Lemonade of Cumberland
15. Lobstah Cart RI
C. COMMUNICATIONS
1. C-24-33 – A resolution from the Town of Hopkinton urging the RI State Legislature to support allocating funding for permanent safety barriers on Rhode Island’s bridges over Narragansett Bay
2. C-24-34 – A resolution from the Town of Charlestown in support of amendments relating to waters and navigation harbors and harbor lines.
3. C-24-35 – A petition from Woonsocket Water Division to amend Multi-Year Rate Plan
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.
B. Update from the School Committee (tabled from May 15, 2024)
School Committee member Denis Collins reported that:
· The bridge painting and new fencing project on Mendon Road is being completed in time for graduation, which is being held on June 20, 2024 at 6:00pm. Mr. Collins responded to Councilor Shaw that he would ask if the bridge surface was also undergoing refurbishment.
· Ashton School renovation is on schedule
· Enrollment has increased to 5,066 students – up 77 from last year
· Garvin kindergarten teacher Gina Palazzo has been chosen 2024 Teacher Of The Year
LICENSES
A. HAWKER’S LICENSE
1. An application for a Hawker’s License from Phantom Fireworks Eastern Region LLC dba Phantom Fireworks to be located at 1170 Mendon Road from June 21st to July 5th.
Pending Fire Department approval and final tent inspection.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/1.
Nay: Councilor Shaw
2. An application for a Hawker’s License from New England Novelty dba New England Novelty to be located at Tucker Field, 2600 Mendon Road on July 3, 2024
The Town Clerk had noted that the applicant has only provided written permission from the Town of Cumberland for the 4th of July Fireworks event at Tucker Field on July 3, 2024. He has been informed that he must provide written permission of the landowner for each location he will use as well as a written statement from the police department approving the locations relative to traffic.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 10, 2024. VOTE 7/0.
B. HOLIDAY SALES LICENSE
1. An application for a Holiday Sales License from Phantom Fireworks Eastern Region LLC dba Phantom Fireworks to be located at 1170 Mendon Road
Pending Fire Department approval and final tent inspection.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/1.
Nay: Councilor Shaw
C. ENTERTAINMENT LICENSE
1. An application for a special event entertainment license from Club Lusitana for their annual feast on Friday, June 21st and Saturday, June 22nd, 2024.
Pending police approval and detail, EMS and Fire details, State promoter’s permit and final tent inspection.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE. VOTE 6/0.
Recused: Councilor Metivier
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #24-08A – An ordinance amending the General Fund Budget for fiscal year 2023-2024 (2nd hearing & vote)
Public hearing opened at 8:02pm
President Kinch read the updated total figures into the record.
Mayor Mutter stated there were still some unknowns based on state funding.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO TABLE TO JULY 9, 2024 AT 6:00PM. VOTE 7/0.
2. #24-09 – An ordinance amending the ordinances and map thereof with reference to Cumberland Assessor’s Plat 53, Lots 56, 69, 93, 94, and 95.
Councilor Schmitt said that the Ordinance Sub Committee did review this but were waiting to take a vote until the Planning Board came out with an opinion later in June.
President Kinch asked for a motion to table.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 17, 2024. VOTE 7/0.
3. #24-10 - An ordinance amending the ordinances and map thereof with reference to Cumberland Assessor’s Plat 53, Lots 55
This ordinance is also waiting for Planning and Ordinance Sub-Committee review. President Kinch asked for a motion
to table.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 17, 2024. VOTE 7/0.
4. #24-15A – An ordinance establishing the Operating Budget for the Town of Cumberland's General Fund for Fiscal Year 2024/2025 (Final Vote)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1.
Nay: Councilor Bradley
5. #24-16 – An ordinance establishing the Operating Budget for the Town of Cumberland's Water Department for Fiscal Year 2024/2025 (Final Vote)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1.
Nay: Councilor Bradley
6. #24-17 – An ordinance establishing the Operating Budget for the Town of Cumberland's Sewer Department for Fiscal Year 2024/2025 (Final Vote)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1.
Nay: Councilor Bradley
7. #24-18A – An ordinance establishing the Operating Budget for the Town of Cumberland's Recreation Fund for Fiscal Year 2024/2025 (Final Vote)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
NEW BUSINESS
A. APPOINTMENTS
HOUSING AUTHORITY
1. George Stansfield, reappointment. Term to expire June 30, 2029
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. RESOLUTIONS
1. R-24-53 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed twenty thousand eight hundred and eighty-six and seventy-seven cents $20,886.77
DPW Director Joe Duarte – this is for the Diamond Hill Community Center for installation of a geo-grid under the unsuitable soils where the stumps were removed. Due to the organic nature of the soils, it was recommended to put geo-fabric over the soils to protect them. The Diamond Hill Park Renovations Building Committee approved this expense.
The Council asked questions about the amount of change order dollars being spent.
Mayor Mutter responded that they are within range of the 10% contingency that was calculated.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS SHAW & METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-24-54 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed four thousand six hundred and sixty-five dollars and twenty-eight cents ($4,665.28)
Mr. Duarte reported that again this is an unforeseen issue; the water mains were different than anticipated. This change order is for excavation and redirecting the water pipes. He noted that all change orders have been approved by the Building Committee.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-24-55 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed four thousand three hundred and nineteen dollars and thirty-four cents ($4,319.34)
This expense is for additional excavation for the septic system, above and beyond the leeching field.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
Resolutions R-24-57 and R-24-58 were moved up for hearing prior to R-24-56.
5. R-24-57 – A resolution adopting the Unsynchronized Tax Levy for portions of Fiscal Year 2025 and Fiscal Year 2026.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS SHAW & METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
6. R-24-58 – A resolution authorizing Mayor Jeffrey J. Mutter to purchase one SpeedAlert 24 Radar Message Sign from All Traffic Solutions for the Cumberland Police Department in an amount not to exceed nineteen thousand seventy-nine dollars and eighty-three cents ($19,079.83).
Police Chief Benson was present and reported that they were awarded a grant from the DOT for the full cost of that unit – there is no cost to the town.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. R-24-56 – A resolution adopting the Cumberland, RI Hazard Mitigation Plan
Planning Director Glenn Modica reminded the Council about the Hazard Mitigation Committee that met for a year in 2023. Feedback was obtained through interviews with business owners, two public workshops, an online survey and a dedicated web page. From that, Horsley Witten had prepared a draft plan that had been presented to the Council in November 2023; it was subsequently sent to RI Emergency Management and FEMA who have recently approved it. Once adopted by the Council, the plan is valid for five years; then the process repeats. Having the plan approved allows us to apply for grants to address natural disasters, such as flooding.
Craig Pereira, consultant from Horsley Witten Group spoke about the rewrite they had done for the plan, what was carried over, what is new. The next step is to get the community back together again looking at all the actions, identifying low/medium/high ticket items and starting to work on grant applications now, rather than waiting on funding announcements to be revealed. The applications are time consuming with a full-blown cost benefit/analysis included. If that is one of the actions the town and the Committee is interested in pursuing, then the town should start working on providing that background information that is required for an application.
The Council held a brief discussion with Mr. Pereira.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, 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 8:38PM. 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