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| Council President | |
| James K. Metivier, District 1 | Scott R. Schmitt, District 4 |
| Council Member | Council President, Pro Temp |
| Timothy C. Magill, 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 FOR THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, OCTOBER 16, 2024 at 7:30 P.M.
CUMBERLAND PUBLIC SAFETY COMPLEX, 1379 DIAMOND HILL ROAD
CUMBERLAND, RHODE ISLAND
CALL TO ORDER 
The regular meeting was called to order at 7:31 pm with a roll call of Members.
PRESENT:
Council President Michael L. Kinch, Councilor Peter J. Bradley, Councilor Robert G. Shaw, Jr, Councilor Timothy C. Magill, Councilor James K. Metivier, Councilor Lisa A. Beaulieu and Councilor Scott R. Schmitt..
Also Present were Mayor Jeffrey J. Mutter; Sarah King, Mayor’s Administrator; Attorney Kelley Morris Salvatore, Town Solicitor; Sandra M. Giovanelli, Town Clerk; Chief David Dessert, Emergency Medical Services; David Waycott, Animal Control Officer, Michael Crawley, Director, Park and Recreation, Boy Scott Troop 117.
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
CONSENT AGENDA
A. Acceptance of Minutes of the Special and Regular meetings of October 2, 2024
MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
1. ABCD Brothers Kitchen
2. Palagi Brothers Ice Cream
COMMUNICATIONS
1. C-24-45 –DEM Freshwater Wetlands Permit regarding Assessor’s Plat 11, Lot 59.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL IT IS UNANIMOUSLY VOTED TO APPROVE THE CONSENT AGENDA. 7/0
PUBLIC COMMENT:
There were none.
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
No Executive Session Vote(s) to report
B. Presentation of citations to Troop 711 Albion in recognition of their efforts in the build-out of the meet and greet gazebo at Animal Control
Council President Kinch congratulated Troop 711 for a job well done.
Animal Control Officer Waycott thanked and acknowledged Logan Laliberty and Troop 711 for their hard work and dedication building the meet and greet gazebo at the Animal Control Shelter. Mr. Waycott shared that Logan Laliberty in becoming an Eagle Scott volunteered and fundraised for the project, prepared the project plan, obtained necessary permits, created the materials and supply list including the project and safety plan. Mr. Waycott was very appreciative of Troop 711 for their hard work and dedication, stating the new gazebo will be used as an indoor area for adoptees to meet and greet during inclement weather.
Council President Kinch was very appreciative and thanked Troop 711.
C. Update from the School Committee
Dennis Collins, School Committee President was pleased to inform the council that Ashton had been completed, inviting council to the ribbon cutting ceremony. Mr. Collins also spoke about plans submitted to RIDE for the BF Norton project in hopes that the project will break ground in the Spring. Mr. Collins proudly announced the achievements received by the Garvin School being named a Blue-Ribbon School.
Council President Kinch thanked Mr. Collins for the updates.
D. Monthly/Quarterly Financial Report ending September 30, 2024
E. Check registers for September 30, 2024
Council President Kinch asked if there were any questions for the Director, and there being none, the Council President Kinch thanked the Director.
F. Request from the Tax Assessor to review and approve September 2024 abatements and supplemental bills
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2024 REAL ESTATE ABATEMENT IN THE AMOUNT OF $1,552.30. VOTE 7/0
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE THE 2024 REAL ESTATE SUPPLEMENTS IN THE AMOUNT OF $4,243.91. VOTE 7/0
G. Department Reports
4. EMS
5. Library
7. Planning & Community Development
Council President Kinch asked the council if there were any questions regarding Department Reports, hearing none.
H. Quarterly Reports
2. OCYL
3. Public Works
Council President Kinch asked council if there were any questions regarding Quarterly Reports, hearing none.
LICENSES
1. An application for a transfer of a Fourth-Class Victualling House License for Colombia Meat Market to Avance LLC dba Colombia Meat Market, 239 Broad Street
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILORS BEAULIEU AND SHAW IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #24-24A – An ordinance in amendment of the Zoning Ordinance relating to Accessory Structures and Accessory Dwelling Units
Public Hearing Opened at 7:44 p.m.
Councilor Schmitt continued discussion from the last meeting, informing that the Ordinance was initially heard in the Ordinance Sub-Committee on September 11, 2024, and was forwarded to the full Council without recommendation. Councilor Schmitt reiterated that he is still opposed to the approval of the proposed Ordinance, stating it would change R1 Zoning and Accessory Dwelling Units. Councilor Schmitt suggested that the State of Rhode Island is trying to solve the housing crisis on the backs of municipalities.
Solicitor Salvatore stated that the interpretation of the Zoning Ordinance would be interpreted by the Zoning Official, with the Solicitor providing legal advice. Solicitor Salvatore also stated that the current Ordinance was valid and consistent with Rhode Island State law. Solicitor Salvatore also explained that the Rhode Island State Law has control regarding Zoning matters.
Council Schmitt stated he will not vote in favor of this Ordinance.
Councilor Shaw shared with the Council that he spoke with policy experts familiar with the Bill passed in 2024. Councilor Shaw also referenced Rhode Island General Laws 45-24 and General Law 45-24-50 regarding the oversite process, comprehensive plans and the minimum standards. Councilor Shaw expressed that the town should be adopting the Rhode Island State Law, unless the town had more stringent guidelines. Councilor Shaw also questioned how many lots in Cumberland are 20,000 square feet and Zoned R1. Councilor Shaw also added that currently a homeowner can build an ADU providing the footprint of their home and the proper permitting, there are no additional special permissions. Councilor Shaw also shared concern of potential litigation against the town from the State of Rhode Island, by granting the Accessory Dwelling Units. Councilor Shaw asked Solicitor Salvatore if there was anyone in attendance at the meeting to answer questions regarding how many Accessory Dwelling Units were in the town currently.
Solicitor Salvatore informed the Councilor that unfortunately nobody was available at the meeting to answer those questions.
Councilor Shaw asked Solicitor Salvatore if the town was able to charge impact fees as a town.
Solicitor Salvatore explained to Councilor Shaw that the town cannot charge impact fees, as stated in the Rhode Island State Law.
Council President Kinch thanked Councilor Shaw and addressed the Council if they had any further comments or questions.
Councilor Metivier also in agreement with the concerns expressed by Councilor Schmitt. Councilor Metivier spoke relative to other recent town adoptions per state law over the last few years. Councilor Metivier asked Solicitor Salvatore about the potential ramifications if the council decided to vote against the foregoing ordinance.
Solicitor Salvatore addressed Councilor Metivier’s questions stating the current ordinance was drafted to be consistent with state law and can be enforced by the town and explained to the council that any inconsistencies between the ordinance and the state law the state law supersedes.
Councilor Magill spoke in opposition, concerned that the changes could cause a heavy burden on schools, traffic, plowing issues and emergency management services, police and fire responsible due to an increase in population within the town.
Councilor Beaulieu spoke opposing the proposed ordinance. Councilor Beaulieu requested more information from the Zoning and Building Officials to show what a full build out or a partial build out would look like for the town. Councilor Beaulieu also informed the council that she has requested information to be gathered from the League of Cities and Towns. Councilor Beaulieu suggested sharing feedback, questions and concerns to the General Assembly regarding law changes and discussing what these changes mean to the town because the impact can be extensive.
Council President Kinch suggesting this ordinance be tabled for a few weeks requesting more information.
Councilor Beaulieu requested to hear from the Zoning Officials.
Solicitor Salvatore suggested gathering data from the Tax Assessor and Planning Director and researching other communities.
Councilor Metivier asked Councilor Beaulieu about information she had requested from the League of Cities and Towns.
Council President Kinch, asked for public comment.
Jodi Harrington Sweet, 70 Hillside Road, Cumberland Rhode Island, spoke in agreement with Councilor Schmitt, and explained to the council the impact already being experienced by small neighborhoods with Accessory Dwelling Units. Ms. Sweet spoke regarding real estate taxes, the state housing crisis, corporations buying single family homes, and buyers flipping properties increasing property values by 35%, making it very difficult for young families to buy homes. Ms. Sweet showed concern about the existing legislation and the problems the Town of Lincoln had experienced with properties being turned into party houses. Ms. Sweet asked the council to push back, and to get more data, stating it would hurt the Town of Cumberland. Lastly, Ms. Sweet thanked the council.
Mayor Mutter, concurred with Councilor Schmitt and spoke about owner-occupied Accessory Dwelling Units, and stated he had concerns with non-owner-occupied dwellings, but this is not going to achieve affordable housing.
Public Hearing Closed at 8:20 p.m.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BRADLEY TO APPROVE ORDINANCE 24-24(A), ON A ROLL CALL. VOTE 6/1. VOTE FAILS.
Councilors Schmitt, Beaulieu, Metivier, Magill, Brady and Council President Kinch voted Nay. Councilor Shaw voted Aye.
NEW BUSINESS
A. APPOINTMENTS
1. Scott Dessert, EMS Chief
Mayor Mutter stated that Chief Dessert has been Acting Chief and meets all the qualifications.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
2. David Levesque, Deputy EMS Chief
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. Kerri Rossi, Deputy Town Clerk
Mayor Mutter asked that this appointment take effect after the Election, stating that Mrs. Rossi is currently the Board of Elections Clerk.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. CLAIMS
Referred to the Solicitor’s Office
C. RESOLUTIONS
1. R-24-90 – A resolution requiring notice to appointed members of Boards and Commissions that term is expiring (Presented by Councilor Shaw)
Councilor Shaw stated the Town Clerk does a great job informing members about term expirations but would like the council to be also included in that communication three months prior to expirations.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-24-91 – A resolution authorizing Mayor Jeffery J. Mutter to execute a contract amendment with Pare Corporation for the professional engineering services related to the Cumberland Hill Fire Station repairs in an amount not exceeding fifty-one thousand four hundred dollars ($51,400) Mayor Mutter explained this is part of the Cumberland Community Recovery Fund that was previously approved for improvements to the Cumberland Fire Department.
Council President Kinch welcomed Mr. Mitchell to the meeting via zoom and asked to explain the repair.
Mike Mitchell, Pare Corporation via zoom, explained to the council the existing floor had been in bad condition and needed to be reinforced and replaced.
Mayor Mutter also added that the Cumberland Community Recovery Fund must be encumbered by the end of December.
Council President Kinch asked for further questions, hearing none.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE.
Councilor Bradley on record recusing vote.
3. R-24-92 – A resolution amending the Town of Cumberland’s Community Recovery Plan
Mayor Mutter informed the council that Resolution 24-92 is in preparation for Resolution 24-93 and requested to use $60,00.00 from Emergency Medical Services and Personal Protective Equipment for renovations needed to 1512 Mendon Road.
Councilor Schmitt asked what repairs will be done at 1512 Mendon Road.
Chief Dessert explained to the council that 1512 Mendon Road, currently housed two crew members 24/7, and the main bathroom needed repairs to the shower, drop ceiling and drywall.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. R-24-93 – Awarding a Contract to E.W. Burman for repairs at 1512 Mendon Road in an amount not to exceed forty-nine thousand nine hundred dollars ($49,900)
Council President Kinch asked for questions, hearing none.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
5. R-24-94 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with the State of Rhode Island on behalf of the Town of Cumberland for the Municipal Road and Bridge Program.
Mayor Mutter explained that this was part of the State initiative to get more roads paved.
Councilor Beaulieu questioned if roads needed to be done before the end of the calendar year or the end of the fiscal year.
Mayor Mutter explained that it must be encumbered by the end of fiscal year 2024 and expended by 2026.
MOTION BY COUNCILORS BEAULIEU AND SHAW, SECONDED BY COUNCILOR MAGILL IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
6. R-24-95 – A resolution authorizing a change order to Tower Construction’s contract in the amount of seven hundred and thirty dollars and forty-two cents ($730.42)
Director Crawley explained standard practice is to pay the Department of Transportation for the permit fee and this was previously approved by the Building Committee unanimously.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
7. R-24-96 – A resolution authorizing the acceptance of a credit, reducing Tower Construction’s contract by one hundred and eleven thousand seven hundred and twenty-three dollars ($111,723)
Director Crawley explained to the council the reason for the credit received.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
8. R-24-97 – A resolution authorizing the purchase of equipment and furniture from Singer Kittredge for the Diamond Hill Park Community Center in the amount of seventy-six thousand eight hundred and ninety-one dollars and thirty-five cents ($76,891.35) paid through the reduction in Tower’s Construction’s contract.
Director Crawley shared with the council that the equipment and furniture had been purchased and thanked Angela at Soccia & Associates for her hard work and help.
Councilor Shaw asked if the dance floor was portable or stationary, and asked if it could be rented.
Director Crawley stated the floor is for the dance program, and they are still in the process finding the right material and floor.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE RESOLUTION 24-97. VOTE 7/0.
9. R-24-98 – A resolution authorizing the purchase of furniture from WB Mason for the Diamond Hill Park Community Center in the amount of sixteen thousand eight hundred and thirty-one dollars ($16,831.95) paid through the reduction in Tower Construction’s contract.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
10. R-24-99 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter and Council President Michael Kinch to ratify a memorandum of agreement between the Town of Cumberland and the Public Safety Dispatchers (PSD), Local 2725, IAFF
Mayor Mutter stated the schedule change is also known as the Panama work schedule for the public safety dispatchers. Mayor Mutter explained that the Public Safety Dispatchers (PSD), Local 2725, IAFF unanimously voted in agreement and is financially within the budget incorporating the overtime. Mayor Mutter was appreciative of Local 2725, IAFF, and asked the council to vote favorable.
Councilor Bradley questioned the number of public safety dispatchers, overtime shifts and minimum number of dispatchers per shift.
Mayor Mutter explained that he believed, but was not certain the town had eight, possibly nine dispatchers.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
D. ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE
1. #24-25 – A resolution authorizing the placement of Stop Signs on Quail Street at the intersection of Weeks Street (Presented by Councilor Shaw)
Referred to the Ordinance-Sub Committee
PUBLIC COMMENTS
Brad Dean spoke publicly off agenda topic regarding the home he built in December, also explaining the road was already in the agreement when the property had been purchased. Mr. Dean spoke about the hardship endured on his children, and felt it was personal, commenting that the goal post keeps moving and he felt was being held to a different standard unfairly. Mr. Dean also gave examples of other newer home developments in the town not being held to the same standards as him.
Council President Kinch suggested to Mr. Dean he contact someone in the building department to answer his questions.
Mayor Mutter stated he submitted an attachment to the Town Clerk, uploaded in ClerkBase under public comment. Mayor Mutter referenced Mr. Deans permits, construction bonds, and the plans submitted by the engineer hired by Mr. Dean. Mayor Mutter commented that Mr. Dean moved into the property without the proper approval of a Certificate of Occupancy, which is against the law. Mayor Mutter assured that Mr. Dean was not being singled out or harassed, these plans were submitted by Mr. Dean.
Solicitor Salvatore informed the council a temporary Certificate of Occupancy had been issued by Mr. Duarte, the Building Official.
Brad Dean, also spoke about the road to meet the Department of Transportation specifications. Mr. Dean stated he is not living at the property, also questioning why a temporary Certificate of Occupancy was issued when that is not standard practice for other developers. Lastly, Mr. Dean stated the road has a bond which ensures the repair to the road will be done.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, IT IS VOTED UNANIMOUSLY TO ADJOURN THE MEETING AT 9:00 P.M. VOTE 7/0.
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