Click 
to view the entire meeting or click any video icon below to jump to that section of the meeting.
| 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 |
MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
MONDAY, JULY 20, 2022 AT 7:30P.M.
CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND
VIRTUAL - OPEN SESSION
CALL TO ORDER 
The regular meeting was called to order at 7:30pm with a roll call of members
MEMBERS PRESENT:
In person: President Kinch, Councilors Bradley, Magill, Shaw, Metivier, Beaulieu and Schmitt.
Also present—Mayor Jeffrey J. Mutter; Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli;
DPW Director Joe Duarte, Water Superintendent Bill Descoteaux
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
President Kinch asked for a moment of silence for Valerie Large
CONSENT AGENDA
A. Acceptance of Minutes of the Special Meeting of June 13, 2022, the Regular Meeting of June 15, 2022, and the Special Meeting of June 20, 2022
B. COMMUNICATIONS
1. C-22-35 – A resolution from the Barrington Town Council celebrating the month of June as Barrington Pride Month, Honoring LGBTQIAP+ Residents and Centering Trans Youth
2. C-22-36 – A resolution from the Town of Barrington, RI in support of legislation restoring funding for the State Aid to Libraries to the full 25 Percent
3. C-22-37 – A resolution from the Town of Tiverton in support of House Bill 2022-H 8244 relating to siting of Aquaculture leases
C. MUNICIPAL MOBILE FOOD ESTABLISHMENTS
2. The Incredabowl Food Company
5. Juice Junkie
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
PUBLIC COMMENTS
Ted Vecchio, 584 Bound Road, Woonsocket, announced that Dance Theater of RI, located on 30 Martin Street, will be competing at the World Dance Championships in New Jersey on July 27 – 31, 2022. For this invitation only event, 11 out of 14 of their teen groups were invited to participate. DTRI placed in the top 5 last year and hope to bring home a championship this year.
LICENSES
ENTERTAINMENT LICENSE
President Kinch asked to move up item #4 to be heard first.
4. An application for a special event entertainment license from Cumberland Professional Firefighters Local 2722 for their annual Touch a Truck event to be held at Diamond Hill Park on Sunday, August 28, 2022 from 10:00am to 2:00pm
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
1. An application for a Special Event Entertainment License from Robert Hart of Troop 1, Cumberland Hill for Scouting Recruitment Event at Diamond Hill Park on September 10, 2022.
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
2. An application for a Special Event Entertainment License from Stephanie Valencia for Wedding Ceremony at Diamond Hill Park on September 9, 2022.
Pending insurance certificate. Ms. Valencia was present via Zoom.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
3. An application for a Special Event Entertainment License from Marc Valois, d/b/a Creeps Car Club, LLC for Creeps Car Show being held at Diamond Hill Park on September 3, 2022
Pending insurance certificate and application fee.
Parks & Recreation Director Michael Crawley noted that this event has occurred annually for ten years without incident.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE WITH THE CONDITION THAT THERE ARE NO OTHER ACTIVITIES/EVENTS HELD BEYOND THE SHOWING OF CARS. VOTE 7/0
PRIVATE DETECTIVE
1. An application for a Private Detective License from Mark Ross
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
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
There were none.
B. Discussion and appointment of the School Achievement Committee
President Kinch commented this had been discussed during budget time, and asked Councilor Beaulieu to provide an explanation. Councilor Beaulieu stated that in response to a request from Superintendent Thornton to develop a multi-year plan, we are proposed assembling a working group. The expectation is that this group will tentatively review three major areas (but are not limited to that, should the scope change): 1.) The FY2023 budget - its current and ongoing status; 2.) the town school achievement grants and the purpose/need/criteria around them; and 3.) long term budget planning including expenditure and revenue changes, a look at the fund balance policy, comparison with other districts, opportunities to reduce cost growth and increase revenue, charter school enrollment projections and local and state limits on tax increases.
President Kinch suggested a committee comprised of Mayor Mutter, school superintendent Thornton, school department finance head Denis Collins, Council finance chair Tim Magill, school business manager Alex Prignano, and Bill Dennen as a member of the public.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE. VOTE 6/1
Nay: Councilor Bradley
C. A request from the Tax Assessor to review and approve June 2022 abatements and supplemental bills
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 REAL ESTATE SUPPLEMENTALS IN THE AMOUNT OF $25,197.06. VOTE 7/0.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $14,469.65. VOTE 7/0.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 TANGIBLE ABATEMENTS IN THE AMOUNT OF $74.95.
VOTE 7/0.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2022 TANGIBLE SUPPLEMENT IN THE AMOUNT OF $74.95.
VOTE 7/0.
D. Update from the School Committee
Denis Collins reported a recent presentation from the police department and upcoming active shooting training at Garvin Elementary. The police will be able to take advantage of current renovation work at the school, and can practice kicking down doors, etc. The renovation contract for Garvin should be awarded soon.
The schools are hiring in many areas. Due to a shortage of available qualified applicants they are having difficulty filling the Special Education teacher position but hope to have that resolved soon.
Assistant Superintendent Mr. DiManna has presented a plan to bring back schools back to pre-pandemic levels.
Mr. Collins thanked the Mayor for the opportunity and the Council for their consideration regarding the two playground resolutions on this evening’s agenda.
In response a question from Councilor Shaw, Mr. Collins stated that Cumberland Hill would be opening on schedule; one hallway may be closed for a short period of time due to ceiling tiles.
E. Monthly/Quarterly Financial Report ending June 30, 2022.
Budget to Actual
F. Check registers for June 30, 2022
G. Department Reports
3. Library
H. Quarterly Reports
2. Public Works
4. Office of Children, Youth and Learning
Councilor Bradley asked the Mayor if he could determine and report the number of any worker’s comp cases.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #22-05A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended amending the Ordinance and map thereof with reference to Cumberland Assessor’s Plat 016, Lot 0893 (tabled from May 18, 2022; to be continued to August 17, 2022 awaiting Ordinance Sub-Committee review)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 17, 2022. VOTE 7/0
2. #22-11 – An amendment to the Cumberland Comprehensive Plan to support the Ann & Hope Mixed Use Zoning District (To be continued to August 17, 2022, Town Council meeting awaiting Ordinance Sub-Committee review)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 17, 2022. VOTE 7/0
3. #22-12 – An amendment to the Town of Cumberland Zoning Ordinance to add the Ann & Hope Mixed Use District for property identified as Assessor’s Plat 11, Lot 159 (To be continued to August 17, 2022, Town Council meeting awaiting Ordinance Sub-Committee review)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 17, 2022. VOTE 7/0
4. #22-13A – An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending the Ordinances and map thereof with reference to Cumberland Assessor’s Plat 7, Lot 0237 (To be continued to August 17, 2022, Town Council meeting awaiting Ordinance Sub-Committee review)
Councilor Schmitt commented that he had tentatively scheduled the OSC meeting on July 28, 2022.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILORS BEAULIEU & SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 17, 2022. VOTE 7/0
B. RESOLUTIONS
1. R-22-41 – A resolution related to abandoning a portion of Powhatan Road
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 17, 2022, AND PENDING ORDINANCE SUB COMMITTEE MEETING. VOTE 7/0
2. R-22-42 – A resolution relating to the abandonment of Study Hill Road (To be continued to August 17, 2022, Town Council meeting awaiting Ordinance Sub-Committee review)
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 17, 2022, AND PENDING ORDINANCE SUB COMMITTEE MEETING. VOTE 7/0
NEW BUSINESS
A. CLAIMS
Referred to Finance Sub Committee
2. Alfred & Catherine Archambault
Referred to the Solicitor’s office
B. RESOLUTIONS
1. R-22-53 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Pare Corporation for Construction Phase Inspection and Administrative Services for the replacement of the Water Mains located beneath the Newell Bridge and the Grants Mill Bridge for the Town of Cumberland Water Department in an amount not to exceed Sixty-Seven Thousand Dollars and Zero Cents ($67,000.00).
Water superintendent Bill Descoteaux gave an overview of the project. Discussion ensued with the Council.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
2. R-22-54 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase playground equipment for B.F. Norton Elementary school from M.E. O’Brien and Sons in an amount not to exceed two hundred and fifteen thousand three hundred and ninety-five dollars and sixteen cents ($215,395.16)
Mayor Mutter spoke to this resolution and the funding sources for it.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
3. R-22-55 – A resolution authorizing the Annual Payment in the amount of Six Thousand Dollars ($6,000.00) to Beacon Mutual Insurance Co. for Third Party Administrator Services for the Police and EMS Departments
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
4. R-22-56 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Saccoccio and Associates for the Architectural Design and Civil Engineering Services for the new Diamond Hill Park Ski Lodge in an amount not to exceed three hundred and six thousand four hundred dollars ($306,400)
Leonard Bradley, Engineering Chair of the Diamond Hill Park Building Committee spoke to the RFQ for an architectural firm. Based on the qualifications and scoring process, the Committee chose to negotiate a fee with Saccoccio & Associates for a design of the building.
Parks & Recreation Director Mike Crawley verified his satisfaction with the choice.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
5. R-22-57 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Beta Group, Inc. for the Design, Bidding and Construction Administrative Services for the replacement of the Abbot Street Pumping Station for the Town of Cumberland Sewer Department in an amount not to exceed one hundred thirteen thousand, one hundred dollars and zero cents ($113,100.00)
Director of Public Works Joe Duarte reviewed the details of the replacement.
Mayor Mutter discussed the fiscal note.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
6. R-22-58 – A resolution authorizing an empowering Mayor Jeffrey J. Mutter to reimburse the Cumberland School Department for work done to Community Elementary School’s Playground in an amount not to exceed thirty thousand dollars ($30,000)
Mayor Mutter advised the council of the funding source.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
7. R-22-59 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with DarrowEverett, LLP for Legal Services
The Mayor outlined the resolution and took questions from the Council. Discussion ensued on the pros and cons of
the arrangement.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE, BY A ROLL CALL VOTE. VOTE 6/1
Nay: Councilor Bradley
8. R-22-60 – A resolution regarding the continued engagement of the law firm of Rodio & Ursillo, Ltd. as special counsel for labor and employment matters
Mayor Mutter commented on the longevity of working with this firm and the positive outcomes from their efforts.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
9. R-22-61 - A resolution requesting the Secretary of State to place a question on the November 8, 2022, election ballot.
Solicitor Morris Salvatore spoke to the recent passage by the state general assembly of an act relating to marijuana that would allow towns to sell adult recreational marijuana. The Council may choose to put this question on the November ballot for the electors to decide. If the question is not put on the Cumberland ballot, the law will automatically go into effect. The town will be able to regulate placement of any stores through zoning.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
10. R-22-62 – A resolution authorizing the Town, acting through the Town Council, to finance the purchase of equipment for the Cumberland School Department through a lease-purchase agreement.
Mayor Mutter stated that this pertained to the boilers that have needed replacement for years.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
B. ORDINANCES - PRESENTATION & PERMISSION TO ADVERTISE
1. 22-21 – An ordinance establishing and implementing a program of tax stabilization for the redevelopment of the Ann & Hope Mill, located at 100 Ann & Hope Way, and improvements thereupon, and the operation and maintenance of residential, commercial, retail or office users thereupon.
Referred to the Ordinance Sub Committee
2. 22-22 – An ordinance relating to cutting trees in Town Parks (Presented by the Council President on behalf of the Administration)
Referred to the Ordinance Sub Committee
3. 22-23 – An ordinance relating to the requirements for applicants for police position
Referred to the Ordinance Sub Committee
PUBLIC COMMENTS
None.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:08PM. 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.