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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, APRIL 5, 2023, at 7:30 P.M.
CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND, RHODE ISLAND

The regular meeting was called to order at 7:35pm with a roll call of members.
In person: President Kinch, Councilors Bradley, Magill, Shaw, Metivier, Beaulieu and Schmitt
Also present—Mayor Jeffrey J. Mutter; Outreach Coordinator Sarah King; Town Solicitor Kelley Morris Salvatore; Town Clerk Sandra M. Giovanelli

There were none.

A. Acceptance of Minutes of the Regular Meeting of March 15, 2023.
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
2. Newport Chowder Company LLC
C. COMMUNICATIONS
1. C-23-11 – Resolution from the Town of Burrillville in opposition to environmental, social and governance investing.
2. C-23-12 – Resolution from the Town of Warren requesting the General Assembly to ratify amendments
to their Home Rule Charter
3. C-23-13 – Resolution from the Town of Warren in support of Rhode Island League of Cities and Towns
2023 Legislative Priorities
4. C-23-14 – Resolution from the Town of Warren in support of Housing Development and Land Use
5. C-23-15 – Resolution from the Town of Warren in support of enabling legislation authorizing Tax Amnesty Periods for Municipalities (H5602, Slater)
6. C-23-16 – Resolution from the Town of Warren to the General Assembly requesting an amendment to P.L.1991, Chapter 330, the Enabling Act creating the Bristol-Warren Regional School District
7. C-23-17 – Resolution from the Town of Tiverton in support of Housing Development & Land Use
8. C-23-18 – Resolution from the Town of Hopkinton in support of H 6119 An Act Relating to Human Services-Medical Assistance
9. C-23-19 – Resolution from the Town of Burrillville in opposition to Rhode Island 2023 Gun Control Legislation
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
There were none.
A. Report of Executive Session vote(s), as may be necessary. There were none. 
THIRD CLASS VICTUALLING LICENSES
1. THE STOP & SHOP SUPERMARKET COMPANY LLC d/b/a Stop & Shop, 70 Mendon Rd
Full payment of back taxes had been received on March 9, 2023 and the license was issued.
EXTENDED HOURS LICENSE (Between 2:00 a.m. and 6:00 a.m.)
1. THE STOP & SHOP SUPERMARKET COMPANY LLC d/b/a Stop & Shop, 70 Mendon Road (24 hours)
Full payment of back taxes had been received on March 9, 2023 and the license was issued.
1. An application for a Hawker License from Phantom Fireworks to be located at 1170 Mendon Road from June 24th thru July 4th, 2023
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE. VOTE 6/1.
Nay: Councilor Shaw
1. An application for a Holiday License from Phantom Fireworks to be located at 1170 Mendon Road for July 4th, 2023
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS VOTED TO APPROVE. VOTE 6/1.
Nay: Councilor Shaw
A. ORDINANCES FOR PUBLIC HEARING
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 (tabled last from March 1, 2023) 
Applicant had asked to table.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO JULY 19, 2023, BY A ROLL CALL. VOTE 7/0
2. #22-33 – An ordinance amending the Employee Handbook (Presented by the Council President on behalf of the Administration) (tabled last from March 1, 2023)
Heard in the ordinance Sub Committee on March 16, 2023. On a vote of 2/0 it was forwarded to the Council with no recommendation.
Public hearing opened at 7:42pm
Mayor Mutter discussed the updates to the Handbook.
Discussion ensued with the Council.
Public hearing closed at 8:11pm
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1
Nay: Councilor Bradley
3. #23-02 – 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 10, Lot 220. (tabled from March 1, 2023) 
Request to table.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 3, 2023. VOTE 7/0
4. #23-03 – An ordinance amending Article IX of the town’s Code of Ordinances pertaining to Mobile Food Trucks operating within the Town of Cumberland. (tabled from March 1, 2023)
Heard in the ordinance Sub Committee on March 16, 2023. Forwarded 2-0 to Council with a favorable recommendation.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
5. #23-04 – An ordinance relating to Peddling and Door-To-Door Solicitation. (tabled from March 1, 2023)
Mayor Mutter asked to table.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 3, 2023, BY A ROLL CALL. VOTE 7/0
6. #23-05 – 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 54, Lots 7 and 8.
Waiting for Planning Board review - requested to table.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 3, 2023. VOTE 7/0
7. #23-06 – An ordinance authorizing the placement of stop signs on Eddy Street in both directions at the intersection of Davis Street. (Presented by Councilor Metivier) (tabled from March 1, 2023)
Heard in the Ordinance Sub Committee on March 16, 2023. Forwarded to Council 2-0 with favorable recommendation.
Councilor Metivier noted that the police department was in favor of these signs.
Public hearing opened at 8:18pm
President Kinch asked if anyone wished to speak in favor or against.
Public hearing closed at 8:18pm
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
8. #23-07 – An ordinance authorizing the placement of stop signs on Ike, Dwight, Eisenhower, and Dulles Streets at their north and south intersections with New Clark Road.
Heard in the Ordinance Sub Committee on March 16, 2023. Forwarded to Council 2-0 with favorable recommendation.
Councilor Metivier noted that police Captain Iozzi had requested this in response to a resident’s complaint.
Public hearing opened at 8:19pm
President Kinch asked if anyone wished to speak in favor or against.
Public hearing closed at 8:21pm
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
9. #23-08 – An ordinance enabling Tax Stabilization Agreement
Heard in the Ordinance Sub Committee on March 16, 2023. Forwarded to Council 2-0 with favorable recommendation.
This was subject to general assembly approval, which has been given.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE ACCEPT #23-08A IN PLACE OF #23-08, BY A ROLL CALL. VOTE 7/0
Public hearing opened at 8:23pm
Solicitor Salvatore noted the two modifications in the A version.
President Kinch asked if anyone wished to speak in favor or against.
Public hearing closed at 8:24pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0
DEPUTY POLICE CHIEF
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILORS BEAULIEU & MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
POLICE CAPTAINS
2. Jolene Alves
3. Peter Sweet
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
B. RESOLUTIONS
1. R-23-21 – A resolution authorizing a change order to Saccoccio & Associates contract in an amount not to exceed forty-six thousand two hundred and fifty-five dollars ($46,255)
Parks & Recreation director Mike Crawley was present via Zoom and gave details on three pieces to the resolution. The Park Building Committee had agreed on the required changes.
DPW director Joe Duarte was also present.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
2. R-23-22 – A resolution discharging the Senior Center Renovations Building Committee and the School Improvement Building Committee 
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
3. R-23-23 – A resolution establishing a list of authorized firms to provide on-call services for Engineering and related services
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO ACCEPT R-23-23A IN PLACE OF R-23-23. VOTE 7/0.
Director of Public Works Joe Duarte gave details on this resolution, commenting that typically you don’t go out to bid for on-call services but choose from a qualified list of vendors. Companies were qualified based upon the disciplines they had outlined.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE R-23-23A. VOTE 7/0
4. R-23-24 – A resolution authorizing the dismissal of uncollectable Water Usage Charges
Finance Director Gene Ferrari was present via Zoom to speak to the futility of ever receiving the approximately $22,000.00 in receivables that are no longer collectables. Various reasons for non-collection were: inactive meters, a bankruptcy, water meters never read until properties had passed hands several times, etc.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
5. R-23-25 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Northeast Collaborative for architectural and design services for the Amaral Building (16 Mill Street) in an amount not to exceed one hundred and twenty-nine thousand eight hundred and seventy-six dollars ($129,876) 
Outreach coordinator Sarah King thanked the council for their support at this exciting stage of choosing an architectural firm to hone in on the design. The Building Committee had issued an RFQ and had onsite visits with interested firms. Two firms matched in experience presented bids, which were close in cost. After meeting with the Building Committee, Northeast Collaborative was chosen.
Building Committee chair Bruce Lemois and Ms. King spoke highly of the members of the Building Committee and commended the council and mayor for the team they put together.
There will be a kickoff meeting on April 20th with Northeast Collaborative.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
6. R-23-26 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with Stillwater Construction for street tree planting in an amount not to exceed one hundred and fifty-seven thousand dollars ($157,000). 
Planning director Jonathan Stevens was present via Zoom and gave a brief history and overview of the resolution.
They will document 2,000 trees and create a database for the future.
The Planning Department had gone through the state Master Price Agreement and approached 4 contractors; two had submitted bids. Their Department is asking for authorization to move forward with Stillwater Construction so they can proceed and get quality trees ordered while they are available. Stillwater provided pricing for installed trees as well as for the trees with no installation.
200 planting sites have been identified throughout Valley Falls and Lonsdale, as well as areas near the new rotaries. Abutters to where the trees are being planted are notified by mail. All trees have to be on public property – municipal, municipal rights of way, RIDOT property, 16 on Broad Street. Planting will be mostly in the spring, some in the fall.
Mr. Stevens also spoke to the second National Forest Service grant that was made for “Groundwork Rhode Island” – trees from that grant program will go on private property. These are two parallel projects.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE. VOTE 6/1
Nay: Councilor Bradley
7. R-23-27 – A resolution recognizing April 24, 2023 as "Armenian Genocide Remembrance Day" to commemorate the Armenian Genocide of 1915 to 1923, and in honor of Armenian Americans 
Mayor Mutter asked for favorable passage.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
8. R-23-28 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a Pole Attachment License Agreement with Rhode Island Energy and Verizon New England, Inc.
It was noted that there was a typographical error in the title on the agenda
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILORS SHAW & BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO AMEND THE AGENDA ON CLERKBASE TO ADD “AND VERIZON NEW ENGLAND, INC.” AT THE END OF THE TITLE. VOTE 7/0
Mayor Mutter described the campaign.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILLE, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
9. R-23-29 – A resolution adopting the unsynchronized tax levy for portions of fiscal year 2023 and fiscal year 2024
Referred to the Finance Sub Committee.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 19, 2023. VOTE 7/0.
1. Rami Kawsara
Referred to the Finance Sub Committee
2. Malisa, Amela, & Aria DaRosa
Referred to the Solicitor’s office.
3. Bruce and Lucia Field, and Murfield Farm LLC
Referred to the Solicitor’s Office
D. ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE 
1. #23-09 – An ordinance amending the Code of Ordinances relative to the Disposition of Public Property (Presented by Council President on behalf of the Administration)
Referred to the Ordinance Sub Committee.
2. #23-10 – An ordinance Setting Certain Tax Exemptions on Real and Personal Property (Presented by Council President on behalf of the Administration)
Referred to the Ordinance Sub Committee.

There were none.

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:06PM. 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.