THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY,  OCTOBER 2, 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 7:36 o’clock p.m. with a roll call of members.

MEMBERS PRESENT:

Council President Kinch, Councilors Bradley, Shaw, Magill, Metivier, Beaulieu and Councilor Schmitt.

 

Also Present were Mayor Jeffrey J. Mutter, Kelley Morris Salvatore, Town Solicitor; Sandra M. Giovanelli, Town Clerk; Joseph Duarte, Director, Department of Public Works and Romeo Mendes, Superintendent, Water Department.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

 

CONSENT AGENDA

A.    Acceptance of Minutes of the Regular meeting of September 18, 2024

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, IT IS UNANIMOUSLY VOTED TO APPROVE THE CONSENT AGENDA. 7/0

 

Public Comment

 No public comment

 

REPORTS/COMMUNICATIONS

      A.  Report of Executive Session vote(s), as may be necessary

 

                   No Executive Session Vote(s) reported

 

B.     Update on the recent water main breaks by the Water Superintendent

 

Superintendent Mendes stated that the first incident occurred on July 3, 2023, because of poor installation. Superintendent Mendes also spoke about paving, curbing, material costs, excavation, pressure reductions and other factors relating to the water main breaks. Superintendent Mendes acknowledged how the residents were inconvenienced and to improve communication of emergency situations.

 

Director Duarte concurred with Superintendent Mendes analysis. Director Duarte also spoke about materials, resources and costs incurred. Director Duarte emphasized the importance of good inspectors, infrastructure and capital plans to support the Water Department needs.

 

Councilor Shaw asked about the bedding problem, and possible technology to scan the ground to show empty space.

 

Director Duarte explained that there are density machines, but they are very costly. Director Duarte suggested that a consultant look at the system hydraulically and provide expert advice on replacing pipes.

 

Councilor Shaw asked about communication with other construction happening, such as bridge and road repairs that could potentially affect the water lines.

 

Director Duarte explained that before any construction excavation it is reported to Dig Safe, and the town is notified.

 

Councilor Shaw thanked the Director and Superintendent and was appreciative of their work.

 

Councilor Beaulieu asked Director Duarte about the length of infrastructure on Mendon Road, and if the vendor will be able to provide more analysis. Councilor Beaulieu also asked if there is communication to the Department of Transportation regarding the fragile areas of the water line to prevent further damage.

 

Director Duarte explained that the Department of Transportation submits a full set of plans for that purpose. The lines are old and sensitive and will need attention.

 

Councilor Beaulieu asked about the initial plan on file.

 

Director Duarte also spoke about the age, urgencies, and condition of pipes with regards to paving the roads.

 

Council President Kinch asked about the rest of the condition of the pipe,

 

Director Duarte stated there was a crack, a fracture issue, and recourse was related to the age of the pipe.

 

C.    Annual Report of the financial and administrative updates as per Section 306(H) of the Charter Administrative updates/Financial updates

 

Mayor Mutter highlighted that the Town received a Budget Award once again this year and acknowledged the great work of the Finance Department and Ms. King. Mayor Mutter proudly added that the Auditor General conducted a review and the Town had no negative trends. Mayor Mutter spoke briefly about the General Fund and Sewer Fund, adding that the Water fund was a little short. Mayor Mutter explained an unaudited FY2024 will close with the use of funds budgeted but not actually used.  Lasty, Mayor Mutter spoke briefly about School Construction and Housing Aid, in conjunction with those payments for the next year.  Mayor Mutter disclaimed that things will be more difficult in FY 2025, FY 2026 and FY 2027.

Council President Kinch congratulated Mayor Mutter and staff for the Budget Award received.

 

B.  MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE

            1.  Beef Barn

            2.  Farm to Sandwich

            3.  Mickey G’s

            4.  Casa Tia Rosa

 

 

LICENSES

     A.  ENTERTAINMENT LICENSE

           SPECIAL EVENT ENTERTAINMENT LICENSE

1.      An application for a Special Event Entertainment License from the Cumberland Police Department for a Truck or Treat at Garvin Elementary School on October 6, 2004, from 10 am to 2 pm; rain date on October 27, 2024.

                    

                                     (PENDING PROMOTERS PERMIT)

 

Council President Kinch asked for a motion to amend the application to reflect the correct date.

 

Councilor Shaw explained that the application stated October 6, 2004, and the amendment would reflect the year only, not the date.

 

Council President Kinch asked for a motion to amend the application to reflect the proper date of the event to reflect October 6, 2024, with a rain date of October 27, 2024.

 

ON MOTION OF COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL IT IS VOTED UNANIMOUSLY TO APPROVE AS AMENDED THE SPECIAL EVENT ENTERTAINMENT LICENSE FOR THE CUMBERLAND POLICE DEPARTMENT FOR THE TRUCK OR TREAT AT GAVIN ELEMENTRARY SCHOOL SCHEDULED TO BE HELD ON OCTOBER 6, 2024 WITH A RAIN DATE OF OCTOBER 27, 2024. VOTE 7/0

 

 

     B.  PRIVATE DETECTIVE LICENSE RENEWAL

1.      Peter Sword.

 

Council President Kinch stated that the Private Detective License Renewal was in order

 

ON MOTION OF COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER IT IS VOTED UNANIMOUSLY TO APPROVE THE FOREGOING PRIVATE DETECTIVE LICENSE RENEWAL. VOTE 7/0

 

 

    C.  KENNEL LICENSE

1.      An application for a Kennel License from Wheaten Way LLC located at 9 Deerbrook Way

 

                            (PENDING FINAL INSPECTION FROM ANIMAL CONTROL)

 

Tina Pare, applicant, Wheaten Way LLC, 9 Deerbrook Way, Cumberland, RI, shared with the Councilors this is a passion and hobby to breed hypoallergenic Poodles and Wheaten Terriers.

 

Council President asked Ms. Pare about barking from the dogs being an issue for neighbors.

 

Ms. Pare explained the dogs are not high barkers and the Kennel it is located on agricultural land and the land is set very far back.

 

ON MOTION OF COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL IT IS VOTED UNANIMOUSLY TO APPROVE THE FOREGOING KENNEL LICENSE APPLICATION. VOTE 7/0

 

 

OLD BUSINESS

A.    ORDINANCES FOR PUBLIC HEARING

 

1.  #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

 

Council President Kinch opened the Public Hearing at 8:27 o’clock p.m.

 

Councilor Schmitt informed the Council that Ordinance 24-23 was heard before the Ordinance Sub-Committee on September 11, 2024 with a vote of 2/0 favorable for recommendation to the Council.

 

Mr. Boday, resident of 333 Nate Whipple Highway, spoke as a proponent to Ordinance 24-23. Mr. Boday stated that the Beagle Club abuts his property, and have been exoneree neighbors for the past 50 years to Mr. Boday and his wife. Mr. Boday stated that the Beagle Club property was very clean and very respectful to the neighbors.

 

Matthew Alves, Vice-President of the Beagle Club, joined the meeting virtually to answer any questions or concerns. Mr. Alves thanked the Council for their consideration.

 

Council President Kinch closed the Public Hearing at 8:31 o’clock p.m.

 

 

ON MOTION OF COUNCILOR SCHMITT, SECONDED BY COUNCILORS SHAW AND METIVIER IT IS VOTED UNANIMOUSLY TO APPROVE ORDINANCE 24-23 ON A ROLL CALL VOTE. VOTE 7/0

 

2. #24-24 – An ordinance in amendment of the Zoning Ordinance relating to Accessory Structures and  Accessory Dwelling Units

 

Councilor Schmitt spoke regarding the Zoning Ordinance relating to Accessory Structures and Accessory Dwelling Units. Councilor Schmitt informed the Council that Ordinance 24-24 was heard before the Ordinance Sub-Committee on September 11, 2024 and the Sub-Committee voted to move without recommendation to the Town Council. Councilor Schmitt also spoke briefly about updates approved last year to conform with State Law, approved by the General Assembly. Councilor Schmitt urged the Council to vote against Ordinance 24-24. Councilor Schmitt explaining it could be egregious by the State of Rhode Island possibly causing the elimination of R-1 zoning. Councilor Schmitt also stated he is unaware of what other municipalities have done and urged Council to vote against this Ordinance. Councilor Schmitt referred to Solicitor Salvatore to explain the ramifications of the state law. Councilor Schmitt stated he cannot support this ordinance.

 

Solicitor Salvatore explained to the Council that this Ordinance could be discussed or voted to be tabled for further discussion.

 

Council President Kinch asked for a motion to add Substitution (a) to the Ordinance, replacing Ordinance 24-24 with Ordinance 24-24(a).

 

ON MOTION OF COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU IT IS UNANIMOUSLY VOTED TO AMEND AND SUBSTITUTE ORDIANCE 24-24 WITH 24-24 (A). VOTE 7/0

 

Mayor Mutter agreed with Councilor Schmitt. Mayor Mutter requested that the Council table the Ordinance for two weeks to review further information pertaining to the ramifications of the denial of the Ordinance.

 

Councilor Metivier asked about the ramifications.

 

Solicitor Salvatore informed the Council that the existing Ordinance was valid unless there were items in the new statue that would supersede if the Council decided to deny the ordinance. Solicitor Salvatore also stated that under her advice the Zoning Official would determine the interpretation of the Ordinance. Solicitor Salvatore stated that the Ordinance will be consistent with the new State Law and will advise staff in that manner.

 

Mayor Mutter asked for additional two weeks to review proposed Ordinance.

 

Councilor Shaw also agreed with Mayor Mutter’s request for an additional two weeks for further information and bigger circumstantial questions regarding the overloading on streets, schools, public safety issues.

 

Councilor Schmitt explained the Ordinance had substantial changes, and time to reflect would be good, and suggesting to the Council to invite the Zoning Official to answer questions and concerns at the next meeting.

 

Solicitor Salvatore added to Councilor Shaw questions, stating the ADU Ordinance was generous under the new State Law.

 

Councilor Beaulieu stated the Ordinance would have a significant impact on the town and resources Councilor Beaulieu also stated she would like to hear from the League of Cities and Towns regarding and how other municipalities were being managed, and if there were any proposals to revising the State Law.

 

Councilor Salvatore also informed the Council that a Resolution to the General Assembly can be drafted and submitted with concerns. The Solicitor stated that the current Ordinance is effective, as well as the State Law if the Council decided to table the matter.

 

 

ON MOTION OF COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU IT IS VOTED UNANIMOUSLY TO TABLE ORDINANCE 24-24 (A) UNTIL OCTOBER 16, 2024, ON A ROLL VOTE. VOTE 7/0

 

 

NEW BUSINESS

     A.  RESOLUTIONS

 

1.  R-24-88 – A resolution to approve payment to Tasca Automotive Group Inc for emergency work done on a 2019 Ram 4500 in an amount not to exceed ten thousand five hundred sixty-two dollars and thirty-five cents ($10,562.35)

 

Chief of Emergency Management informed the Council that the Resolution was for payment to repair the engine on a 2019 Ram 4500.

 

Council President Kinch thanked the Chief of Emergency Management.

 

Councilor Bradley asked the Chief about the balance of the line item for repairs.

 

Chief of Emergency Management referenced the fiscal note.  

 

 

ON MOTION OF COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER IT IS VOTED UNANIMOUSLY TO APPROVE RESOLUTION 24-88. VOTE 7/0

 

 

2. R-24-89 – A resolution authorizing Mayor Jeffery J. Mutter and the Town Council President Michael L. Kinch to execute a collective bargaining agreement with the IAFF, AFL-CIO, Local 2725

 

Mayor Mutter informed the Council the agreement highlighted the removal of the Deputy Chief from the Bargaining Agreement, stipends for accreditation and departmental promotions. The Mayor stated the department was a fully paramedic department, and asked the Council to act favorably to approve the Resolution.

 

Councilor Bradley asked if the Deputy Chief was able to ride the truck not being in the union.

 

Mayor Mutter stated the Deputy Chief is not allowed to ride the truck.

 

 

ON MOTION OF COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER AND MAGILL IT IS VOTED UNANIMOUSLY TO APPROVE RESOLUTION 24-89. VOTE 7/0

 

 

PUBLIC COMMENTS

 

Ron Carlston, 7 Old Forge Street, Cumberland, RI spoke about the issues pertaining to the Water Line Break budget, and notifications to residents.

 

Superintendent of the Water Department spoke about the Water Line Break. The Superintendent also added that the jobs are inspected with a group of talented inspectors. The Superintendent also spoke about external forces, contributing factors, PVC piping, paving, age and infrastructure

 

Ted Vecchio, 584 Bound Round, Woonsocket, RI. Mr. Vecchio wanted to share with the Council that his wife and owner of Dance Theater Rhode Island had been nominated as one of the top five Directors in the country with Star Dance Alliance. Mr. Vecchio stated the studio has been located within Cumberland for the last thirty-five years and wanted to end the meeting on a good note.

 

Council President Kinch thanked and congratulated Mr. Vecchio and his wife.

 

Councilor Shaw spoke about the Blue Ribbon cutting ceremony at the Garvin School was an awesome event, and congratulated the school on the celebration.

 

 

ADJOURNMENT

 

ON MOTION OF COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL IT IS VOTED UNANIMOUSLY TO ADJOURN THE MEETING AT 9:04 O’CLOCK P.M.

 

 

  

 

Individuals requiring interpreter services for the hearing impaired or needing additional information should notify the Town Clerk's Office no less than 48 hours before the meeting.

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