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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, 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 |
THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, SEPTEMBER 18, 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 7:33 p.m.
MEMBERS PRESENT
Council President Kinch, Councilors Bradley, Shaw, Metivier, Magill, Beaulieu and Schmitt.
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
The Council President welcomes a resident from Troop 1, Chirag Rathesor.
CONSENT AGENDA
A. Acceptance of Minutes of the Special and Regular meetings of September 4, 2024
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
1. Little BBQ
C. COMMUNICATIONS
1. C-24-44 – DEM Notice of Violation relating to Hunting Hill, LLC
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE CONSENT AGENDA. VOTE 7/0
PUBLIC COMMENTS
No public comment.
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
There were none
B. Update from the School Committee
Council President Kinch informed the Council members that Mr. Denis Collins was unable to be in attendance, but he submitted an email to Council Members with School Committee updates.
C. Monthly/Quarterly Financial Report ending July 31, 2024.
D. Check registers for July 31, 2024
President Kinch asked if there were any questions regarding the financial report check register, and there were none.
E. Request from the Tax Assessor to review and approve July 2024 abatements and supplemental bills
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IS UNANIMOUSLY VOTED TO APPROVE THE 2024 TANGIBLE ABATEMENTS FOR $540.00. VOTE 7/0
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IS UNANIMOUSLY VOTED TO APPROVE THE 2024 REAL ESTATE SUPPLEMENTAL BILLS FOR $1,771.13. VOTE 7/0
F. Department Reports
4. EMS
5. Library
7. Planning & Community Development
G. Annual Report
Councilor Schmitt thanked the Department Directors for submitting detailed and informative reports to the Council for review, they are very informative.
LICENSES
A. ENTERTAINMENT LICENSESPECIAL EVENT ENTERTAINMENT LICENSE
1. An application for a Special Event Entertainment License from Cumberland Hill PTO for the Cumberland Hill Color Dash to be held on October 4, 2024.
President of the Cumberland Hill PTO shared that this is the third year for the event and will raise ten thousand ($10,00.00) dollars for the school. The President of PTO also mentioned they’ve secured permission to utilize the town’s soccer field and softball field for this event.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL AND IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
2. An application for a Special Event Entertainment License from Adam’s Farm Stand located at 495 Sumner Brown Rd for the Beer Garden at Adam’s Farm held every Friday through Sunday from September 20, 2024, to October 27, 2024.
MOTION MADE BY COUNCILOR METIVIER, SECONDED BY COUNCILORS MAGILL AND SHAW, AND IS UNANIMOUSLY VOTED TO APPROVE PENDING EMERGENCY MEDICAL SERVICE, FIRE AND POLICE APPROVAL. VOTE 7/0
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #24-20 – An ordinance relating to door-to-door solicitation (tabled from August 21, 2024)
President Kinch asked for a motion to accept a revised “A” version of the ordinance relating to door-to-door solicitation.
MOTION MADE BY COUNCILORS SHAW AND SCHMITT, SECONDED BY COUNCILOR BEAULIEU AND IS UNANIMOUSLY VOTED TO SUBSTITUTE ORDINANCE #24-20 WITH #24-20A. VOTE 7/0
Councilor Schmitt informed the Council that the Ordinance relating to door-to-door solicitation was heard in the Ordinance Sub-Committee meeting and substitution A reflected the adoption of verbiage relating to fees applicable to individuals as opposed to a company.
Councilor Shaw requested to amend Line 72, omitting the word “person” and replacing it with the word “individual”.
Solicitor Salvatore stated that the word individual should be capitalized, as a defining term.
MOTION IS MADE BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS BEAULIEU AND SHAW, AND IS UNANIMOUSLY VOTED TO AMEND LINE 72 BY OMITTING “PERSON” AND REPLACING WITH “INDIVIDUAL”. VOTE 7/0
The public hearing was opened at 7:54 p.m.
Resident Ms. Harrington, 70 Hillside Road, spoke as a proponent of the passage of the ordinance, explaining that door-to-door solicitors come to homes after dark and can be aggressive.
The public hearing closed at 7:56 p.m.
Councilor Metivier asked if this would appear on the online portal.
Solicitor Salvatore responded yes the portal would be like any other permit or license that residents apply for through the Town of Cumberland Portal.
Councilor Metivier asked for clarification between political candidates and politicians.
Solicitor Salvatore explained that candidates are running for election, whether an incumbent or not.
Councilor Metivier asked about non-election years, suggesting two options, one for sales and one for politicians or candidates.
Solicitor Salvatore explained that officers/employees of the Town of Cumberland and sitting Council Members are exempt. She further stated that the Constitution declares people canvassing for campaigns cannot be prohibited. Solicitor Salvatore spoke about the right for residents to display No Trespassing and No Soliciting signs notwithstanding the Ordinance.
MOTION MADE BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS BEAULIEU AND SHAW, AND IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED BY A ROLL CALL VOTE. VOTE 7/0.
2. #24-21 – An ordinance amending the ordinance relating to animals (Presented by the Council President on behalf of the Administration)
The public hearing opened at 8:00 p.m.
Councilor Schmitt shared with the Council that Ordinance #24-21 is from the Animal Control Department, and Revises violations and fees to align with the current State fees. The Ordinance Sub-Committee recommended favorable of this Ordinance.
Solicitor Salvatore noted that the Town requested legislation from the State to enable this.
The public hearing closed at 8:01 p.m.
MOTION MADE BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU AND IS UNANIMOUSLY VOTED TO APPROVE BY A ROLL CALL VOTE. VOTE 7/0.
3. #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 asked for a motion to table Ordinance #24-23 to October 2, 2024, due to a notice issue.
MOTION MADE BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE ORDINANCE #24-23. VOTE 7/0
NEW BUSINESS
A. APPOINTMENTS
Mayor Mutter shared with the Council that Director White requested this appointment to serve the already existing position as a Marketing Assistant at the OCYL.
Councilor Bradley asked the mayor for a brief job description.
Mayor Mutter explained that this is not a new job, and the Council has previously approved job descriptions in the Ordinance, but he will forward it to the Council for review.
MOTION MADE BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE APPOINTMENT OF COREY ANNE ABREAU AS MARKETING ASSISTANT TO OCYL. VOTE 7/0
B. CLAIMS
REFERRED TO THE FINANCE SUB-COMMITTEE
C. RESOLUTIONS
1. R-24-83 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Flock Safety for an Initial amount not to exceed forty thousand dollars ($40,000) and an annual recurring cost of thirty-six thousand dollars ($36,000) after year one.
Chief Benson explained the resolution models of the City of Cranston Policy. He noted the ranks and titles are a little different but have the same general premises.
Councilor Metivier addressed Solicitor Salvatore and questioned the amount of thirty-six thousand ($36,000.00) dollars after year one when most contracts are for three years.
Solicitor Salvatore explained the first year is $40,000 and $36,000 each year after.
Chief Benson noted the first-year payment includes installation costs with a 2-year contract.
Councilor Schmitt mentioned that this was previously vetted by the Ordinance Sub-Committee and the draft was the last step for the purchase.
President Kinch asked Chief Benson about the invasion of privacy, and prohibited use on page 3 of the Ordinance.
Chief Benson explained that the camera captures the rear of a vehicle.
Mayor Mutter questioned the number of days the data will be stored.
Chief Benson replied that data would be stored for thirty days to not harm investigations, but also not interfere with privacy.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
2. R-24-84 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed four thousand seven hundred and sixty-eight dollars and nine cents ($4,768.09)
Director Crawley stated the change order was for additional fire alarm system work that was required per the requirement of the Fire Marshall.
President Kinch was curious why this was not in the initial bid.
Director Crawley replied that on paper visually it can be different, once buildings are up it is standard and needed for proper safety.
Councilor Magill inquired if the Fire Marshall reviewed the plans before the building was built.
Director Crawley confirmed that the Fire Marshall did review the plans before build out.
Councilor Magill questioned if work was to be completed by Tower Construction or if it would be subcontracted.
Director Crawley explained that the work is subcontracted.
Mayor Mutter stated the amount was transcribed in error, and the correct amount is $386,528.
President Kinch noted that a motion is necessary to amend the fiscal note to reflect that amount.
MOTION MADE BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO AMEND THE FISCAL NOTE BY REPLACING THE UNEXPENDED BALANCE AMOUNT WITH $386,528. VOTE 7/0
MOTION MADE BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 7/0
3. R-24-85 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed sixteen thousand fifty-eight dollars and six cents ($16,058.06)
Director Crawley explained that the change order was needed for ceiling tiles to hide electrical wiring in the ceiling.
President Kinch curiously asked how the contractor was unaware of this.
Councilor Schmitt also added that the architect must have been aware of the utilities in the ceiling.
Councilor Beaulieu questioned if the original contract had included this would labor still be included.
Director Crawley responded no.
Councilor Shaw questioned if the ceiling was already in place before it was noticed.
Director Crawley stated the ceiling was not already up, it was discovered when the ceiling came in.
Councilor Shaw asked if this was a new ceiling.
Director Crawley stated no.
Councilor Magill asked how it was estimated for 112 hours.
Director Crawley stated he cannot officially answer that question, paperwork is submitted and approved by Soccia and Associates.
Councilor Bradley asked if the architect should be responsible for some of the cost associated with this change order.
Solicitor Salvatore explained that in construction projects there are always change orders.
Mayor Mutter asked if the architect weighed in on this.
Councilor Magill asked Mayor Mutter about the change orders.
Mayor Mutter stated that there is a ten percent contingency.
Director Crawley explained that Soccia & Associates keeps change orders documented.
MOTION MADE BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO REVISE THE FISCAL NOTE BY REPLACING THE UNEXPENDED BALANCE AMOUNT WITH $386,528. VOTE 7/0.
MOTION IS MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, IT IS UNANIMOUSLY VOTED TO APPROVE RESOLUTION 24-85. VOTE 6/1
(Nay: Councilor Bradley)
4. R-24-86 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase a Chevrolet Silverado 3500 HD Cab Chassis Model CK31003 for the Cumberland Water Department from Liberty Chevrolet in an amount not to exceed ninety-four thousand six hundred twenty-four dollars and zero cents ($94,624.00)
Director Mendes briefed the council that the purchase of this vehicle would replace an existing vehicle that is ten years old, and delivery would be in two months perfect time for the bad weather.
Councilor Beaulieu questioned if the old vehicle would still be used.
Director Mendes replied that the older vehicle would be used for day-to-day operations, but no longer for plowing.
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE RESOLUTION 24-86. VOTE 7/0
5. R-24-87 – A resolution adopting the Town of Cumberland’s revised Community Health and Resources Manual
Ms. King, the Mayor’s Administrator briefed the council on the resolution, stating the Health and Resource Manual is helpful to residents.
President Kinch added that the manual has been very helpful and thanked Ms. King.
MOTION MADE BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE RESOLUTION 24-87. VOTE 7/0
PUBLIC COMMENTS
There was no Public Comment
ADJOURNMENT
MOTION MADE BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN THE MEETING AT 8:40 P.M. VOTE 7/0.
_______________________________________
Sandra M. Giovanelli, Town Clerk
TELEPHONE: 401-728-2400, Ext. 138 · www.cumberlandri.org