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 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, NOVEMBER 15, 2023, 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 7:44pm with a roll call of members.
MEMBERS PRESENT:
Members person: President Kinch, Councilors Bradley, Shaw, Magill, Metivier, Beaulieu, and Schmitt.
Also present: Mayor Jeffrey J. Mutter; Community Outreach Coordinator Sarah F. King; Town Solicitor Kelley Morris Salvatore; Town Clerk Sandra M. Giovanelli; Acting EMS Chief Scott Dessert; Planning Director Jonathan Stevens; DPW Director Joe Duarte; Deputy Police Chief Matt Alves
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
Councilor Shaw congratulated the Cumberland High School girls’ soccer team for winning the state championship and their undefeated season.
1. Swearing-in of the new paramedics
Acting EMS Chief Scott Dessert recalled his own swearing-in ceremony; tonight they are bringing back that tradition for these nine paramedics. Mr. Dessert called each individual into the chambers beginning with the newest and gave brief details on the background and experience of each. Mayor Mutter administered the oath, and family members/friends pinned badges on each paramedic.
Carina Oliveira
Andrew Lema
Jonathan Faucher
Brandon Moore
Christopher Hawkins
David Levesque
Thomas Smith, Jr.
Albert Cassell, Jr.
Emily Ali
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Meeting of November 1, 2023
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PUBLIC COMMENTS
There were none.
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
There were none to report.
B. Update from the School Committee
School Committee member Denis Collins gave updates on the following:
· Enrollment – currently at 5,044 students as of last week. A year ago the number was 4,956; this is a net gain of 88 students in the entire district. They are projected to have close to 5500 students by 2033. He thanked the voters for approving the recent school bond.
· Final touches on Garvin School – ribbon cutting scheduled on Monday November 27, at 5:30pm
· Athletics – Mr. Collins congratulated all the athletes, coaches and teams from the various Cumberland schools for their accomplishments
C. Presentation regarding the Hazard Mitigation Plan
Planning Director Jonathan Stevens presented consultant Craig Pereira from Horsley Witten Group to give the Powerpoint presentation on the plan. Discussion ensued with the Council on actions, implementation, mitigation strategy updates, public meetings, etc. The plan will be submitted to FEMA for approval.
D. Monthly/Quarterly Financial Report ending October 31, 2023
There were no questions.
E. Check registers for October 31, 2023
There were no questions.
F. Request from the Tax Assessor to review and approve October 2023 abatements and supplemental bills
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2023 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $3,215.25.
VOTE 7/0.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2017 MOTOR VEHICLE ABATEMENTS IN THE AMOUNT OF $318.89.
VOTE 7/0.
G. Department Reports
4. EMS
5. Library
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #23-18 – An ordinance to change the Town of Cumberland Zoning Map – Assessor's Plat 39, Lot 292 (tabled from August 16, 2023)
Councilor Schmitt stated that the Ordinance Sub-Committee is awaiting the Planning Board recommendation.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 6, 2023. VOTE 7/0.
2. #23-24 – An ordinance establishing a Resident Only Parking Program (Presented by President Kinch on behalf of the Administration) (last tabled from October 18, 2023)
Councilor Schmitt stated that the Ordinance Sub-Committee was forwarding this to the Council with no recommendation. However, he would like it referred back to the OSC so that he can have further discussions with the police on the matter.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS BEAULIEU & MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 6, 2023. VOTE 7/0.
B. RESOLUTIONS
1. R-23-65 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a professional service agreement with Verra Mobility for a School Bus Safety Camera Enforcement Program for a Five-Year Term. (Tabled last from October 18, 2023)
Solicitor Kelley Morris-Salvatore reported that she did get some comments back from the school committee’s attorney, but the school committee still has to vote on this agreement before the Council can make a decision.
Councilor Bradley asked if this went to bid or were we approached by the company?
Solicitor Morris Salvatore stated that the vendor is considered a sole source provider due to the technology used; and the vendor did approach the town. She requested this be tabled to December 20, 2023.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 20, 2023. VOTE 7/0.
2. R-23-90 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with the Rhode Island Department of Transportation for Construction and Maintenance of Improvements (tabled last from November 1, 2023)
DPW Director Joe Duarte stated that through case law the maintenance of sidewalks are the responsibility of the town, regardless of their location on town or state roads. The state DOT prefers to remind the municipalities of that fact through these types of agreements. The DOT owns the sidewalks and will replace them when needed; we look after safety issues & repairs. The town would need substantial funding to do a thorough job of repairs.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-23-96 – A resolution authorizing Mayor Jeffrey J. Mutter to execute a bill of sale to sell the communications tower located at 1380 Diamond Hill Road for twenty thousand dollars ($20,000.00) and to provide an easement for maintenance to the communications tower (tabled last from October 4, 2023)
Solicitor Salvatore commented that the town will sell the actual tower and equipment. The terms on the agreement are now acceptable to her which, among others, allows the town to keep its own equipment on the tower without rent. The only expense the town would be liable for would be for engineering if we had to change equipment.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/1.
Nay: Councilor Bradley
4. R-23-101 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Frazer for the purchase of an ambulance, chassis, and associated communications equipment for the Cumberland Department of Emergency Medical Services in an amount not to exceed three hundred and thirty-three thousand and two hundred fifty-five dollars ($333,255) (tabled from November 1, 2023)
No fiscal note was provided.
Acting EMS Director Scott Dessert spoke to the age and high mileage of the two primary existing ambulances and the older reserve vehicle. He has been looking for new manufacturers – the last ambulance ordered in 2022 is tentatively scheduled to arrive in spring of 2024. The new truck is gas powered and will tentatively be delivered within 12 months.
Mayor Mutter stated that the existing master lease for previous trucks will be paid off at the end of year and a new lease can be utilized for the next ambulance.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 6, 2023. VOTE 7/0.
5. R-23-102 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase a powered ambulance cot and power-LOAD cot fastener from Stryker Medical for the Cumberland Department of Emergency Medical Services in an amount not to exceed sixty-six thousand four hundred and seventy-seven dollars and sixty-four cents ($66,477.64) (tabled from November 1, 2023)
President Kinch asked for a motion to replace R-23-102 with R-23-102A.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO ACCEPT R-23-102A IN PLACE OF R-22-102. VOTE 7/0.
Chief Dessert described the product/cot system.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 6, 2023. VOTE 7/0.
C. CLAIMS
Referred to the Finance Sub-Committee
NEW BUSINESS
A. APPOINTMENTS
FIRE DISTRICT COMMITTEE – DISTRICT 3
1. Corey Blais
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO NOMINATE BOTH APPLICANTS. VOTE 7/0.
Mr. Blais came to the podium and gave his credentials, spoke to his experience and expressed his desire to serve in this position.
Mr. Scullin took the podium spoke to his previous experience serving on the Fire Committee and asked to be reappointed.
President Kinch took a roll call vote for each applicant:
Councilor Schmitt – Mr. Scullin
Councilor Beaulieu – Mr. Blais
Councilor Metivier – Mr. Scullin
Councilor Magill – Mr. Scullin
Councilor Shaw – Mr. Blais
Councilor Bradley – Mr. Scullin
President Kinch – Mr. Scullin
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO NOMINATE JAMES SCULLIN. VOTE 5/2.
Nay: Councilors Beaulieu and Shaw
HERITAGE PARK BUILDING COMMITTEE
Under the terms of the Charter, Mayor Mutter appointed two applicants, selecting John Marsland and Lindsey Neves Baillargeron. No vote was required.
The Council is allowed two appointments. Mr. Boday had agreed to be an alternate. With Council approval Ms. Silva and Ms. Paquette would be appointed.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPOINT NANCY SILVA AND BARBARA PAQUETTE TO THE COMMITTEE AND MIKE BODAY AS AN ALTERNATE COMMITTEE MEMBER. VOTE 7/0.
B. RESOLUTIONS
1. R-23-105 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Brighter Horizons Environmental Corporation for the closure of the underground storage tank at the Amaral building in an amount not to exceed fifteen thousand dollars ($15,000)
Community Outreach Coordinator Sarah King spoke to the bid process. This resolution will cover the actual removal and closure of the underground storage tank. This is the first step to really kick off the work on this building.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
2. R-23-106 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to purchase one 2023 Ford F-150 Police Responder for the Cumberland Police Department from Colonial Municipal Group in an amount not to exceed sixty-six thousand one hundred and seventy-one dollars and thirteen cents ($66,171.13)
Deputy Police Chief Alves stated this was to replace our current traffic vehicle, which will be recycled back into the fleet.
Mayor Mutter reported that this is part of the overall strategy and is coming out of the police budget line item for vehicle purchases. Delivery should be within a few months.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
3. R-23-107 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an amended participation agreement with the Partnership for Rhode Island Streetlight Management (PRISM) for a three-year term.
DPW Director Duarte gave historical perspective on PRISM and discussed the new agreement with the Council.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
4. R-23-108 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with AA Asbestos Abatement Co. Inc. for the demolition of 21 Bryant Street in the amount of sixty-three thousand one hundred and seventy dollars ($63,170) plus a 10% contingency in a total amount not to exceed sixty-nine thousand four hundred and eighty-seven dollars ($69,487)
Mr. Duarte spoke about the project, the bid process and the work required for asbestos removal. Building official Larry Enright spoke via Zoom to corroborate the details in the project and the process for demolition over a 3-4 day period.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/1
Nay: Councilor Bradley
5. R-23-109 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with Northern Landscape Corporation for the on-site wastewater treatment system at the DPW Highway Garage in an amount not to exceed fifty-six thousand dollars ($56,000)
Mr. Duarte discussed the collapse of the old system and answered questions from the Council. Only one bid had been received.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
6. R-23-110 – A resolution amending the Town of Cumberland’s Community Recovery Fund Spending Plan
Mayor Mutter reported that the amendment relates to the inclusion of wastewater and drainage and some municipal road repair.
The town has realized savings through receipt of grant funds for the Amaral Building, unexpected funds for energy credits, and matching funds from the state for road repair, enabling this amendment.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
7. R-23-111 – 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 Cumberland EMS, Local 2725, IAFF
Mayor Mutter stated that the telecommunications department has been part of a different bargaining unit and recently moved to the EMS Local 2725, IAFF.
This is a tentative agreement and the town will begin contract negotiations with that unit. The fiscal note represents a total of 8 dispatchers and will necessitate a budget amendment.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0
B. ORDINANCE FOR PRESENTATION & PERMISSION TO ADVERTISE
1. 23-28 – An ordinance amending the salary ranges for the Executive Staff and other position (Presented by the Council President on behalf Administration)
Referred to the Finance Sub-Committee.
PUBLIC COMMENTS
Ted Vecchio, Bound Road, Woonsocket, announced that Dance Team Rhode Island dancers have been invited to participate in the premier Dance Mom’s reboot.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:59PM. 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.