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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, MAY 15, 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 7:31pm with a roll call of members.
MEMBERS PRESENT:
Members person: President Kinch, Councilors Bradley, Shaw, Magill, Metivier, Beaulieu, and Schmitt.
Also present: Mayor Jeffrey J. Mutter; Community Outreach Coordinator Sarah F. King; Town Solicitor Kelley
Morris Salvatore; Town Clerk Sandra M. Giovanelli; Acting Finance Director Melinda Brouillard;
Parks & Recreation Director Mike Crawley; DPW Director Joe Duarte; Planning Director Glenn
Modica
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
There were none.
CONSENT AGENDA
A. Acceptance of Minutes of the Special Meeting of April 30, 2024 and the Regular Meeting of May 1, 2024.
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
1. Jerry’s Food Concession
2. BunzUp, Inc.
C. COMMUNICATIONS
1. C-24-29 – A resolution from the Town of Barrington urging the RI State Legislature to support allocating funding for permanent safety barriers on Rhode Island’s bridges over Narragansett Bay
2. C-24-30 – Resolutions from the Town of Exeter in opposition to H 7983 creating an Office of the State Building Commissioner; in opposition to any revival of the Old Saybrook to Kenyon Bypass; in support of fully funding State aid to Libraries to the full 25% level; and in opposition to House Bill 2024 – H7763 and Senate Bill 2024 – S 2679 relating to public records – Access to Public Records Act.
3. C-24-31 – Public notice from the RI Department of Environmental Management of proposed permit action under RI Pollutant Discharge Elimination System (RIPDES) Program which regulates discharges into the waters of the state.
4. C-24-32 – Notice from the RI Department of Environmental Management regarding application for a Freshwater Wetlands Permit affecting Plat 34, Lots 234, 252, and 254; and Plat 58, Lot 69.
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
B. Update from the School Committee
Mr. Collins’s report was tabled until the next meeting.
C. Monthly/Quarterly Financial Report ending April 30, 2024
D. Check registers for April 30, 2024
E. Request from the Tax Assessor to review and approve April 2024 abatements and supplemental bills
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2023-2024 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $11,067.08. VOTE 7/0.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2024 REAL ESTATE SUPPLEMENTS IN THE AMOUNT OF $15,784.51.
VOTE 7/0.
F. Department Reports
2. Building Committees
4. EMS
5. Library
7. Planning & Community Development
LICENSES
A. PRIVATE DETECTIVE
Everything was in order for this license.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. ENTERTAINMENT LICENSE
1. An application for a Special Event Entertainment License from the Arnold Mills Parade Association for the annual 4th of July parade and road race.
Pending insurance, promoter’s permit and state DOT parade/event permit.
Parade Association President Joyce Koutsogiane and Treasurer Amy Farrell were present. They stated that all state approvals are in process and should be finalized within a week. They outlined details of the parade.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #24-05 – An ordinance relating to the Department of Recreation (Presented by Councilor Shaw) (tabled from May 1, 2024) and
This was still awaiting Ordinance Sub Committee review. The Committee tabled this to their next meeting in order to consider combining it with a similar matter.
Councilor Shaw discussed the timing of the meetings.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JUNE 19, 2024. VOTE 7/0.
The Council had to return to this item to change the tabled date as June 19th is a new holiday.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS MAGILL & METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 17, 2024. VOTE 7/0.
2. #24-06 – An ordinance authorizing the placement of Stop Signs on Ruth Street at the intersection of Branch Street (Presented by Councilor Shaw) (tabled from April 17, 2024)
Councilor Schmitt reported that the Ordinance Sub Committee had voted favorably, 3-0. Councilor Shaw spoke to the origins of the ordinance.
Public hearing opened at 7:41pm
Public hearing closed at 7:42pm
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
The Council returned to #24-05 to change the new meeting date.
3. #24-07 – An ordinance amending the zoning ordinance relating to commercial uses (Presented by Council President on behalf of the Administration) (tabled from May 1, 2024)
The Ordinance Sub Committee had voted favorably, 3-0. This adds a new use to our use table for commercial kitchens. The Planning Department had also voted favorably.
Public hearing opened at 7:46pm
Public hearing closed at 7:47pm
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
4. #24-11 – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending Chapter 38, Article III (entitled Parking, Stopping, and Standing) of the Town of Cumberland’s code of ordinances (Presented by Councilor Beaulieu)
The Ordinance Sub Committee had voted favorably, 3-0. This was at the request of one of Ms. Beaulieu’s constituents and is supported by the police department.
Councilor Magill asked what would happen if the requestor moved? Ms. Beaulieu stated that these permits are renewed annually.
Public hearing opened at 7:48pm
Public hearing closed at 7:49pm
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
5. #24-12 – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the Schedule of Fees and Charges Relative to Planning Matters (Presented by the Council President on behalf of the Administration)
Councilor Schmitt reported that the Ordinance Sub Committee had voted to send this to the Council with no recommendation. The town planner is here to address any questions we may still have.
Public hearing opened at 7:50pm
Town planner Glenn Modica explained that in light of the new land use legislation passed this year, the planning department took a look at all the associated fees that have not been increased since 2010.
Moving forward, they would like to reinstate the presence of a court reporter for all meetings. Since Covid they have been providing a videographer; the rise in prices would accommodate those costs.
Also with the new land use legislation we now have a Technical Review Committee consisting of himself, public works, building, fire, police and other departments. In the past we would only review big projects in this way - now we review everything that comes through the Planning Department. Much more staff time is devoted to reviewing these projects.
Mr. Modica explained how he came up with the new fees by comparing what other towns charge, adding a few % per year for inflation, factoring in the cost of putting on a planning board meeting in terms of a court reporter, videographer and Technical Review Committee time; and feels the rates are fair.
The Public Works department has asked for a revised public works inspection fee, to change from 1 ½% to 3% of the cost of the bond, in line with other towns. DPW director Joe Duarte explained his reasoning for that.
Solicitor Kelley Morris Salvatore suggested removing ‶ROW″ (Right of Way) under Inspection Fees.
Public hearing closed at 7:56pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO AMEND BY REMOVING ‶ROW″ UNDER INSPECTION FEES, BY A ROLL CALL. VOTE 7/0.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED, BY A ROLL CALL. VOTE 7/0.
6. #24-13 – An ordinance authorizing the placement of “Two-Hour Parking” signs at 3 and 13 Dexter Street (Presented by Councilor Metivier)
The Ordinance Sub Committee had voted favorably to send this to the Council with one change: amend lines 13 and 16 to read “between 9am and 5pm; and add to line 25, “subject to approval by the state traffic commission”
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILORS BEAULIEU & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE CHANGING LINES 13 AND 16 TO READ “BETWEEN 9:00PM AND
5:00PM”, AND CHANGE LINE 25 TO ADD, “ SECTION 4. SUBJECT TO APPROVAL BY THE STATE TRAFFIC COMMISSION”, BY A ROLL CALL. VOTE 7/0.
Public hearing opened at 8:00pm
Public hearing closed at 8:00pm
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED, BY A ROLL CALL. VOTE 7/0.
7. #24-14 – An ordinance authorizing the removal of the Two-Hour restriction signage at 27-29 Dexter Street (Presented by Councilor Metivier)
This ordinance had been withdrawn by the requestor.
NEW BUSINESS
A. APPOINTMENTS
OFFICE OF CHILDREN, YOUTH AND LEARNING
1. Alyssa M. Lentine, Marketing Assistant
OCYL director Liz White was present via Zoom. Ms. White explained that Ms. Lentine is joining the department for 16 hours a week, replacing a temp in that position for over a year.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. Lydia Stinnett, Temporary Program Assistant
Ms. White stated that positions within OCYL have been shifted; due to some FMLA absences we are behind in getting ready for the summer. They do have a surplus in salaries, and would like to bring Lydia back for 20-25 hours a week with a 6-8 week time period. She has been a teacher with OCYL for a number of summers and is a resident of Cumberland.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR KINCH, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
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
The solicitor was still working on the ballot questions. President Kinch asked for a motion to table.
A second workshop with the Charter Review Commission was discussed.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 17, 2024. VOTE 7/0.
2. R-24-50 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed seventy - seven thousand one hundred and six dollars and sixty-five cents ($77,106.65)
Parks & Recreation Director Mike Crawley and DPW Director Joe Duarte spoke to this change order for stump removal for the Diamond Hill project. The full amount quoted in the resolution may not need to be fully spent by the end of the project.
Discussion ensued with the Council.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-24-51 – A resolution authorizing Mayor Jeffrey J. Mutter to execute the third amendment to net metering finance arrangement with Southern Sky Renewable Energy RI-Alton Rd-Hopkinton, LLC
Mr. Corey Palumbo of Gravity Energy and town energy consultant Mr. Berman were both present via Zoom to explain the resolution. Mr. Palumbo spoke about the original five-year agreement and potential changes to the allocation process.
Discussion ensued between the Council and Mr. Palumbo. The Mayor spoke to the number of excess credits generated.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. R-24-52 – A resolution authorizing Mayor Jeffrey J. Mutter and the President of the Town Council to amend and execute the Collective Bargaining Agreement with IBPO Local 640
Mayor Mutter stated this was similar to the resolution passed last year which extended the contract with a 3% increase.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
C. ORDINANCES – PRESENTATION & PERMISSION TO ADVERTISE
1. #24-15 – An ordinance establishing the Operating Budget for the Town of Cumberland's General Fund for Fiscal Year 2024/2025 (Presented by the Council President on behalf of the Administration)
Referred to the Finance Sub-Committee meeting on Monday May 20, 2024, in Town Council Chambers.
1st hearing – May 23, 2024 at 6pm at McCourt Middle School
2nd hearing & first vote – May 29, 2024 at 6pm at Town Hall
Final vote – June 5, 2024, regular Town Council meeting at 7:30pm at Town Hall
2. #24-16 – An ordinance establishing the Operating Budget for the Town of Cumberland's Water Department for Fiscal Year 2024/2025 (Presented by the Council President on behalf of the Administration)
3. #24-17 – An ordinance establishing the Operating Budget for the Town of Cumberland's Sewer Department for Fiscal Year 2024/2025 (Presented by the Council President on behalf of the Administration)
4. #24-18 – An ordinance establishing the Operating Budget for the Town of Cumberland's Recreation Fund for Fiscal Year 2024/2025 (Presented by the Council President on behalf of the Administration)
PUBLIC COMMENTS
There were none.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:29PM. 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.