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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 19, 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 8:08 pm with a roll call of members.
MEMBERS PRESENT:
In person: President Kinch, Councilors Bradley, Shaw, Magill, Metivier, Schmitt and Beaulieu.
Also present—Mayor Jeffrey J. Mutter; Town Solicitor Kelley Morris Solicitor; Town Clerk Sandra M. Giovanelli


A. Acceptance of Minutes of the Special Meeting of March 30, 2023, and the Special and Regular Meetings of April 5, 2023
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT
3. Matilda
C. COMMUNICATIONS
1. C-23-20 – A resolution from the City of Woonsocket in support of House Bill 5160 & Senate Bill 0175, Regarding Payday Lending Reform
2. C-23-21 – A resolution from the Town of Exeter in opposition to Rhode Island 2023 Gun Control Legislation
3. C-23-22 – A resolution from the Town of Exeter in support of 2023-H 5724 and 2023-S-0328 – An Act relating to health and safety – Vital Records
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, 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 was none to report.
B. Presentation of sidewalk assessment findings
John Shevlin - Good evening, I am John Shelvin from Pare Corporation, we performed the sidewalk assessment study for the Town, and I am here to present a brief overview. We were hired to do a townwide sidewalk assessment based on requests from Cumberland residents and public officials. The assessment was to investigate and develop a better network of sidewalks throughout the community to make the roads safer and easier for use for all pedestrians. The goal was to gather and evaluate enough information so we can provide this information to the decision makers to develop a sidewalk system that's going to be safe for all users. The issues that we looked at were the pedestrian friendly accommodations of the existing sidewalks. They determine areas where sidewalks should be placed, and we did look at all those areas to better determine what's the best use of those. We want to improve safety by that we're also going to go ahead and help with the health of individuals with more opportunities for walking. It's been proven that sidewalks have improved the economic viability in areas when there's good sidewalk walkability within communities. We also want to give non-motorized transportation, get more people out of their cars to use the sidewalk network. The priority that we establish to do this is to identify areas that need improvements. We evaluated all the sidewalks existing in town, determine, regardless of what their conditions are, and to also look to see if there's ADA issues that need to be addressed. Regarding areas for connectivity, the big areas that we consider for connectivity are areas that are around school systems. We try to get more opportunities, again, for some of the students to be able to walk to school. We also looked for opportunities for connections to provide to businesses. We sought areas for parks and recreation areas as far as getting access for the trails for that as well the factors for the implementation that we considered. We identified areas that addressed maintenance issues that need to be done. We looked at some of the safety issues that are there and then what the two things that go together, the need and feasibility of the sidewalks where there is a need as far as users, based on safety. We considered feasibility, as far as is it doable what's it going to do to the character of the roadway and such. The existing conditions survey that we did mention this figure is a town wide map. It shows all the areas where the sidewalks are located, existing sidewalks. And what we did for this, instead of making a town wide type of study, we broke it down to five districts, and we wrote the existing Town Council districts, and we looked at those districts individually. We reviewed the almost 20 or 30 miles of roadways and determined with our field reconnaissance the existing sidewalks and we rated them then we reviewed areas where the sidewalks should be considered for installation.
Mr. Shevlin provides a brief evaluation of each district's sidewalk assessment and their recommendations and priority improvements for each district.
Councilor Beaulieu - What is the life expectancy of a new sidewalk, and what is the remaining life expectancy of those sidewalks classified in fair condition.
Mr. Shevlin - New sidewalks last anywhere from 20 to 30 years, and anywhere from 5 to 10 years for the ones classified as fair condition.
Councilor Beaulieu – You mentioned partnering with RIDOT on some of the State Road improvements. Do you know what level of repair the State does when sidewalks are included; is there a certain ranking?
Mr. Shevlin - The State wanted to do projects they could get on the street quick, so they didn't want to go through the permitting process because it took too long. So now the DOT will typically evaluate in regard to conditions of sidewalk when they're doing roadways, and they're trying to incorporate sidewalks as well where needed. We've had some projects where I think the town really helps them with what the scope is going to be. They're very good with their ten-year program that they have developed as far as what they're looking to do, but I think they do work with communities to incorporate their needs.
Councilor Beaulieu - If Dexter Street is one of the targeted improvements for 2024, and is that inclusive of sidewalks?
Mr. Shevlin verifies it is all new sidewalks.
Councilor Beaulieu - If those other areas, on say, High Street, where you can see that there's asphalt sidewalks, if there is no scheduled improvement by DOT, how are those generally managed for improvement?
Mr. Shevlin - A lot of them are just repairs, almost as needed, it seems like. There's no program in place.
Councilor Beaulieu - if the Town is responsible for repairing it?
Mr. Shevlin - It should be the state. If there's a real safety need, I think it's something to reach out to the state and get that involved.
Councilor Bradley - Percentage wise, where do you think we are for ADA compliance?
John Shevlin - I'll tell you that they're a lot tougher, so they are going around looking for areas. I believe some of the areas that are called grandfathered are off the hook. But when we touch a roadway and start putting in new sidewalks, they get more of a keen eye. I see a lot of areas that are not ADA compliant like there are a lot of ramps that are not fully ADA accessible based on the grades. Then there are quite a few areas that you find utility poles where you don't have that 36-inch clearance. I know the town wants to go ahead and be able to make sure that 36-inch clearance is there for snow removal. There are several areas that do have that issue. A lot of the newer roadways have been very good such as Nate Whipple Highway, High Street, the 295 project were done over on Diamond Hill Road with the roundabouts.
Councilor Schmitt - What is the standard use for the cost of a new sidewalk?
John Shelvin - I intentionally left that out because it doesn't seem like there's any typical sidewalks in that area. So, it seemed like everything has other things thrown in, whether it's grading issues, removal rocks, but I want to say per cubic yard, it's about $40 to $45 a cubic yard which will probably provide you with 20 square feet or so.
Councilor Schmitt – Can you please go back to Ithaca's model and explain that a little more.
John Shevlin – So when you have a home with a one- or two-family home, what they did is had an annual maintenance fee of $70 per home per lot. Then when you got bigger than that, if there's more than one house, they added an annual maintenance fee of $140 and added an additional fee based on the square footage of the building whether it's a resident or whether it's a business. They took the square footage of the building; they had fifteen cents per square foot. And add that into the cost, then they add another cost for additional $30 for every 50ft of Flemish to come up with the cost for that individual property. I know their formula played a lot around with numbers in regard to how it worked and what their need was.
Councilor Schmitt- What is our next step.
Mr. Shevlin – I think the next step is public works and the town looking at what's recommended here. It's all one opinion but might be a good idea to get a committee together to see their thoughts on these roadways and what is the highest priority. I am happy to work with Joe Duarte and the Mayor in helping them rank the needs going forward.
Mayor Mutter – I don't have any questions, but the press asked about Ithaca New York, so I'd like to speak to that. We're not Ithaca, New York. They had a particular plan and I'm not saying that we would have the same plan, but I look at it as a utility similar to a sewer bond. A general obligation bond the entire town votes on and it's backed by the full credit of the town. The last time we did one was 1996 and that's because of the assessment and some other things that happened there. When I say Ithaca New York, I am referring to their sustainable plan. I think if you're going to do it, you need to have a sustainable plan, not just going to have a general obligation bond. It needs to be multiple, not just one but I do think that there's some value in when you know that it's in your area and that it's going to be maintained. Obviously, I do believe, just like sewer projects are a general obligation vote because it really does benefit the whole community environmentally. If it was so cost prohibitive to have the sidewalk in your area obviously, nobody is going to support that. I want to make it clear that just because Ithaca has a plan, it doesn't mean that we would have the exact same plan. If you look around, you're going to find very few communities that have a plan that's sustainable; it's hit or miss.
I don't think that's a great idea. Then you do run into the situation where we are not doing the best job, we can maintain them or clear them as you have new ones. You're going to run into that problem too. That's going to require extra people and extra equipment. The next step is really to say, okay, how serious are we, with a program like this then generate some sort of plan on how we would sustain.
C. Update from the School Committee
Denis Collins reported the following:
Denis Collins 5 Wedgewood Drive, Cumberland School Committee. In regards to the construction, at Cumberland Hill the front concrete slab was redone, including the bench areas even though the major project was done last year. At Ashton the additional is moving along. The fire suppression system and HVAC are going in. At Community the addition is also moving along. The exterior windows are near completion, the interior stage area in place, and interior window frames going in. Then finally, Garvin had the cement poured for the floor in the new addition. The roof structure is in place, and the walls are beginning to go up.
Enrollment, as I mentioned last time, is continuing to climb. We are now at 5009 as of today. Rycast is underway, students Tuesday. Students being on ALA with math and science to follow.
We're obviously in the middle of the budget season for next year. The school department has submitted their proposal and wants to make ourselves available to any questions.
Finally, I don't know if anybody saw the, uh, Boston Globe article last week. I can send you the link. There was an article written by Dan McGowan, who covers Rhode Island for the Boston Globe. Now, it was originally written, in response to Governor McKee's 365 Days of Learning; the plan to catch up to Massachusetts. It was a scathing rebuke of his plan. That's not the reason I mentioned it. If you actually read the article, Dan McGowan came to Cumberland, interviewed Dr. Thorne and Mr. Prignano. Mr. McGowan figured he was going to go to Cumberland, the governor's backyard. So, he interviewed the superintendent, and the assistant superintendent, but there were a couple of quotes in the article I want to share, which should come as no surprise to anybody here which he read.
Councilor Beaulieu – I thought the Boston Globe article was excellent and Mr. McGowan is a bright reporter with a strong interest in education. It was wonderful to see that he spent some time in the war room with the superintendent and assistant superintendent. I am really glad that Cumberland is getting the recognition that it has worked really hard for.
D. List of Priorities for Review by the Charter Review Commission if any
President Kinch - I see we have the Mayor's and Councilor Beaulieu attached. I don't know if either one wants to list those for the record, or, are fine with just having them posted.
Mayor Mutter - I wouldn't say that that was an exhaustive list, but I wanted to make sure that I met the deadline.
Councilor Beaulieu - Same comment; I think there'll be more. .
E. Monthly/Quarterly Financial Report ending March 31, 2023
Councilor Beaulieu inquired about the Information Technology Budget
F. Check registers for March 31, 2023
G. Request from the Tax Assessor to review and approve February 2023 abatements and supplemental bills
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2022 REAL ESTATE SUPPLEMENT IN THE AMOUNT OF $760.80. VOTE 7/0.
2. Building Committees
4. Library
I. Quarterly Reports
1. Solicitor’s Office
3. OCYL
4. Public Works
1. An application for a First-Class Victualling House License from Trilogy Bar & Grill Corporation, d/b/a Trilogy Bar & Grill, located at 422 High Street
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER & MAGILL, AND IT IS VOTED TO APPROVE PENDING CLEARANCE FROM THE STATE DIVISION OF TAXATION, PERMIT TO MAKE SALES, FIRE AND BUILDING APPROVAL. VOTE 6/1. NAY-COUNCILOR SCHMITT
1. An application for an Entertainment License from Trilogy Bar & Grill Corporation, d/b/a Trilogy Bar & Grill, located at 422 High Street
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE PENDING POLICE AND BUILDING APPROVAL. VOTE 6/1. NAY-COUNCILOR SCHMITT
1. An application for a Firearms License from Bradley Victor Beaudoin, d/b/a 401 Armory to be located at 35 Vivian Ave
President Kinch – Mr. Beaudoin is not present.
Councilor Schmitt – Well Vivian Ave is a residential neighborhood; he lists hours of operation of
3pm to 5pm. So, it struck me as kind of odd that if it was online sales only, he would have posted hours. The building official, I would presume, would never approve the commercial application in the residential neighborhood. I think we need to look a little further into this so I would make a motion to table.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL AND BEAULIEU TO TABLE TO MAY 3, 2023. VOTE 7/0.
D. PRIVATE DETECTIVE LICENSE RENEWAL
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
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) 
Councilor Schmitt – this is scheduled for subcommittee May 2nd at 530 so it could be heard by the full council at the next
meeting.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL TO TABLE TO MAY 3, 2023. VOTE 7/0.
2. #23-10 – An ordinance Setting Certain Tax Exemptions on Real and Personal Property (Presented by Council President on behalf of the Administration) 
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU TO TABLE TO APRIL 26, 2023. VOTE 7/0.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METVIER TO TABLE TO APRIL 25, 2023. VOTE 7/0.
B. RESOLUTIONS
1. R-23-29 – A resolution adopting the unsynchronized tax levy for portions of fiscal year 2023 and fiscal year 2024
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER TO TABLE TO APRIL 26, 2023. VOTE 7/0.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METVIER TO TABLE TO APRIL 25, 2023. VOTE 7/0.
Town Clerk – Council President there was an error of the special meeting date. The meeting is scheduled for the 25th not the 26th.
Solicitor Salvatore – The ordinance must be tabled to a date certain, so you'll need to amend your motion to the correct meeting date. It is not required for resolutions.
CONSERVATION COMMISSION
1. Kevin Grady, Term Ending January 31, 2026 (replacing Eric J. Stoothoff)
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS SHAW/METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
CHARTER REVIEW COMMISSION
District 1 (Councilor Metivier) – Manual DaCosta
District 2 (Councilor Magill) – Paul Sinclair
District 3 (Councilor Beaulieu) – Rob Mudge
District 4 (Councilor Schmitt) – Paul Young
District 5 (Councilor Shaw) – Tom Chen
At-Large (Councilor Bradley) – Tim Iwuc
At-Large (President Kinch) – Tracey Cook
School Committee
Mayor
Council President – As we heard earlier, the school committee will be getting their appointment to the Clerk, and then the Clerk will be notifying us of their pick, same with the Mayor.
Mayor Mutter - Yes, thank you.
1. R-23-30 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement for the sale of Town-owned property to Cumberland Land Trust for the purchase price of Nine Thousand Six Hundred Dollars ($9,600.00)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO TABLE TO MAY 3, 2023. VOTE 7/0.
2. R-23-31 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase one 2023 Chevrolet Tahoe for the Cumberland Police Department from Colonial Municipal Group in an amount not to exceed fifty-six thousand six hundred thirty-two dollars and twenty-seven cents ($56,632.27)
Chief Benson - Good evening. We had a vehicle that was totaled in a cruiser incident several months back. We finally received that payment, so we're looking to replace the vehicle and shuffle some cars around a little bit. Believe it or not, the price of a Ford Explorer and the price of a Tahoe are almost identical at this point. So, we're looking to use this as a supervisor's vehicle that will allow for a little more storage of equipment. More than happy to take any questions.
Councilor Schmitt - Normally we have sufficient funds in the vehicle replacement line item, but we're out pretty much after this.
Chief Benson – Yes, essentially from the post COVID era, the cost of vehicles has obviously compounded exponentially. What was budgeted for would cover probably two and a quarter, two and a half vehicles. There is a balance left over so we're going to use the remainder of that, which I think was originally the intent was for three cars, use the balance for that, the payment from the insurance provider, and then a small supplemental transfer.
Councilor Schmitt - Right. It's only $5,000, but you're pretty much done for the year.
Chief Benson - Yeah, that would be the three vehicles in replacement, but it only was able to be executed because of the
damage crews that replaced that. It's not three new vehicles-it's essentially two new vehicles and one replacement.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-23-32 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with Rhode Island Resource Recovery Corporation for Solid Waste and Recycling Services (DPW
Mayor Mutter – Director Duarte had a personal issue. He apologizes for not being able to be here at this moment. I am filling in to the best of my ability. The council has passed similar resolutions to this in the past. The biggest issue here is that the rates are going to 58.50 a ton from 54 and then in FY 25 to 63. This would translate into an increase that we would need to budget for in the vicinity of $40,000 to $50,000 from what we're currently budgeting. Then there is an additional $12,000 for sweepings. And once again, I'm not the man to answer these questions if you have any specific questions, but currently that's at zero, and it is now going to be at $20 a ton equating to be somewhere in the vicinity of $12,000. It does not affect FY 23, but we need to budget appropriately in FY 24 and FY 25.
Councilor Bradley - In the COVID era, did we see an increase in the tonnage we're dumping?
Mayor Mutter – I have no idea.
Councilor Metivier - Is this in conjunction with Mega, or is this something different? In other words, is this related to the regular trash because don't they pick up the recycle?
Mayor Mutter - Mega picks it up, but this is for when it gets delivered to its destination, the charges on that end.
MOTION BY COUNCILOR BEAULIE, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. R-23-33 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Agonza Art for a mural at Diamond Hill Park in an amount not to exceed fourteen thousand eight hundred and twenty-five dollars ($14,825).
Mayor Mutter - This is another piece of the puzzle at Diamond Hill Park. We spent a lot of time over the last couple of years talking about the stage and what we might do there; different thoughts and construction ideas. Then of course, there are some who wanted to see it just removed and fill the pond in. I've said it multiple times, we see it as one section of the park being athletic fields and the old Ski lodge and then the park. We thought a unique art mural in the back where it is currently black would fit nicely into our plan; it would be a destination piece. The fountain and the aerators have been put in, it does tie into the theme here with the wellness with nature, the sound, and the proximity to water. The actual design, I believe the Council has, and then the community aspect of that was to tie in the art department at the high school to participate in the artwork. We were looking for someone who had some experience doing this type of work. The idea of the monarch butterfly, which is one of the signatures there, fits into that theme. The monarch butterfly represents strength, endurance, hope, transformation, and evolution. We've also asked it to be tie in the yearlong appreciation with the blue marble. I think the council has a packet that shows previous work by this artist, and it does tie into our overall plan that hopefully the council endorses for that being the park part of it with the lighting and the sound. Then even to go further on in the back of the park to retro that current closed building that used to house some bathrooms there. We see that as a place for you to go get away from a lot of the things that we all need to get away from time to time. We also think that some memorial benches would fit nicely into that plan for the pond. The other day, I was there checking out the fountain and there was a father that had put some fish in the pond, and the child was actually fishing there. These are the type of things that I think you have an amenity there that not everyone has. Not everyone has that ability to have a water feature and to do that close to home we think it all fits nicely in there. Here's a rendering that we like, and I say on a personal level too, this artist, there's a little bit of edge there that I like and that I appreciate. Having a specific, unique piece of art there would be a tremendous addition to the efforts there at the park and I hope you do as well.
Councilor Metivier - I don't know if you know this, but do they put covering on it for prevent graffiti; something that can protect it?
Mayor Mutter - Yes, it is completely graffiti proof.
Councilor Schmitt - I don't think our package includes the 2 examples you mentioned. We got one example of art.
Mayor Mutter – I apologize for that. I can tell you that at the Garrahy Complex this artist was part of a team that did a 130 by 95 foot mural that was $350,000 budget on the Garrahy complex. There's one in the Onlyville community mural that was a $15,000.01. Then there was a $20,000 budget for Providence Housing, and one for $18,500 of Providence Art, Culture, and Tourism at the Lillian Feinstein Senior Center.
Councilor Schmitt - If your office can just forward them to us. I'm just curious what they look like. How did we find this artist?
Mayor Mutter - There was one day where I said, what about a mural? Because we had gone back and forth on multiple things with Beta Engineering at the time as to what we might do on that stage in some different ways. Then it was just coming up of a mural and then there was a connection that we had, that led us to this artist.
President Kinch – Mayor has the building committee seen this at all?
Mayor Mutter – No, they have not seen any. It is not required as it is not a $250,000 project.
President Kinch - I just didn't know if it fit in with their plan as well.
Councilor Bradley - The wall that we're placing this on, Mayor, it's up to speed on the wall? It wouldn't be an issue with it future durability, the wall is still in good shape.
Mayor Mutter - Yes. I will say on the 25th we will have a resolution asking for an assessment of the roof for the lighting and sound equipment, but the rest of the structure is sound.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
C. ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE
1. An Ordinance amending the General Fund Budget for fiscal year 2022-2023 (Presented by the Council President on behalf of the Administration)
Referred to the Ordinance Sub-Committee.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:38PM. 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.