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| Michael L. Kinch, At-Large | |
| Council President | |
| James K. Metivier, District 1 | Jodi C. Sweet, District 4 |
| Council Member | Council Member |
| Timothy C. Magill, District 2 | Robert G. Shaw, Jr., District 5 |
| Council President, Pro Tem | Council Member |
| Lisa A. Beaulieu, District 3 | Peter J. Bradley, At-Large |
| Council Member | Council Member |
THE REGULAR MEETING MINUTES OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, APRIL 16, 2025 at 7:30 p.m.
CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND, RHODE ISLAND
CALL TO ORDER 
Council President called the meeting to order at 7:30 PM.
MEMBERS PRESENT:
Council President Kinch, Councilors Bradley, Metivier, Beaulieu, Sweet, and Shaw Jr.
MEMBER ABSENT: Councilor Magill
Also, present were Mayor Jeffrey J. Mutter; Kelley Morris Salvatore, Solicitor; Sandra M. Giovanelli, Town Clerk; Robert Ray, Water Superintendent; Romeo Mendes, DPW Director; Michael Crawley, Parks & Recreation Director; Mackenzie Malloy, Park & Recreation Deputy Clerk; Glenn Modica, Director of Planning; Roman Lombardo, Planning Fellowship Intern.
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
No announcements were made.
CONSENT AGENDA
A. Acceptance of Minutes of the Special and Regular Meetings of April 2, 2025
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
C. COMMUNICATIONS
1. C-25-28 – A resolution from North Kingstown School Department regarding funding for private school transportation.
2. C-25-29 – A resolution from the Portsmouth School Committee regarding Pupil transportation.
3. C-25-30 – A resolution from the Town of Charlestown in support of RI General Assembly Bill 2025 – H5957.
4. C-25-31 – A resolution from Bristol Warren Regional School District regarding Pupil transportation.
5. C-25-32 – A resolution from the Town of Hopkinton regarding the restoration of General Revenue sharing.
6. C-25-33 – A resolution from the Town of Hopkinton regarding Gun Control legislation.
7. C-25-34 – A resolution from the Town of Exeter regarding Gun Control legislation.
8. C-25-35 – A resolution from the Town of Exeter regarding the restoration of General Revenue sharing.
9. C-25-36 – A resolution from the Town of Narragansett regarding the maintenance of sidewalks along State highways.
10. C-25-37 – A resolution from the Town of Burrillville regarding Affordable Prescription Drug Costs Act.
11. C-25-38 – A resolution from the town of Tiverton opposing Rhode Island 2025 Gun control Legislation
12. C-25-39 – An invitation to participate in the Clube Juventude Lusitana's Memorial Day Parade
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SWEET, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
PUBLIC COMMENTS
None
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
There were no votes taken during the executive session to report.
B. Update from the School Committee
Chairwoman Amy Vogel provided an update from the School Committee:
● An Ashton student won a golden ticket and was presented at last Thursday's School Committee meeting.
● Rhode Island Skills USA for the business CTE won a gold medal for entrepreneurship and a silver medal for speaking. Great job to the high school students at the Cumberland School District.
● Construction for Community School is on time, expected to be ready for the start of the 2025 school year. At the start of 2025, they'll be in their new school, which will be wonderful.
● Cumberland High School graduation is scheduled for Wednesday, June 11th. Hope to see everyone there.
C. Presentation by the Planning Department regarding Cumberland’s Housing Needs and Accessory Dwelling Units
Glenn Modica and Roman Lombardo from the Planning Department presented a detailed analysis on Cumberland's housing needs and accessory dwelling units (ADUs). The presentation covered key points, including the lack of housing production, aging housing stock, and rising housing prices in Cumberland. It was noted that Cumberland's ADU policies are currently less permissive than those found in other parts of the U.S., particularly compared to states like Oregon and California.
Key findings from their analysis included:
● Approximately 60% of Cumberland households earn over $100,000, which is higher than the Rhode Island median.
● Despite this, housing prices have increased significantly, with the median home value reaching $392,255 in 2023, representing a 56% increase since 2000.
● The median household income needed to afford a median-priced home in Cumberland is $148,000, indicating that many families may find it difficult to purchase homes.
● 48% of renters are rent-burdened, paying more than 30% of their income toward housing costs.
The presentation also provided insights into the potential for ADU construction in Cumberland. It is estimated that between 9 and 12 ADUs could be built annually over the next five years, given the existing land availability and zoning restrictions. However, only a small fraction of town parcels would be eligible for the construction of a detached ADU.
The presenters compared Cumberland's ADU policy to those in Portland, OR, and California. They noted that Portland's efforts to increase density through the development of ADUs have only resulted in a small percentage of all households being ADUs, suggesting it is not a comprehensive solution. In California, the focus has been on converting existing structures rather than new ADU constructions.
Councilor Sweet raised concerns regarding the implications of increasing ADUs without corresponding infrastructure improvements. She highlighted that Cumberland's lack of walkability and transit options could exacerbate issues related to increased population density. Concerns were also raised about the potential financial burden on residents and whether ADUs would truly aid in achieving more affordable housing.
The Planning Department reiterated that while ADUs alone wouldn't solve housing affordability issues, they could offer a gentle form of added density with minimal impact on the town character. They acknowledged the need for the state to play a more significant role in addressing the broader housing crisis, including transit and infrastructure improvements that support increased density.
D. Monthly/Quarterly Financial Report ending March 31, 2025
There were no comments or questions.
E. Check registers for March 31, 2025
F. Request from the Tax Assessor to review and approve March 2025 abatements and supplemental bills
There were no abatements or supplemental bills on the table, thus eliminating the need for a motion.
G. Department Reports
4. EMS
5. Library
7. Planning & Community Development
H. Quarterly Reports
2. OCYL
3. Public Works
Councilor Sweet expressed her appreciation for the thoroughness of the Building Committee reports, noting that the inclusion of great photos is particularly helpful in understanding the context and progress of the committee’s activities.
LICENSES
A. ENTERTAINMENT LICENSES
1. A Special Event Entertainment License from Andrew Lecours for a wedding ceremony on September 20, 2025, located at the Cumberland Monastery, 1464 Diamond Hill Road.
The applicant, Andrew Lacour, was asked about the event details and confirmed that approximately 35 to 50 guests were expected to attend.
The council inquired if all necessary documentation was provided, and the records confirmed by the Town Clerk showed that everything was in order.
Council President Kinch congratulated Mr. Lacour on his upcoming wedding and expressed appreciation for choosing Cumberland as the event location.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
1. An Entertainment License from Cumberland Parks & Recreation for The Lodge at Diamond Hill, 4097 Diamond Hill Road.
Mackenzie Malloy addressed the council, providing a detailed overview of the application and the intention behind obtaining the entertainment license. She explained that Cumberland Parks and Recreation sought this license as a proactive measure, recognizing the growing interest in booking the Lodge for special events. During her presentation, she noted that the license would help streamline the process for event organizers, ensuring that all entertainment activities during such events are legally sanctioned and managed appropriately. Ms. Malloy also informed the council that while The Lodge is already popular for functions, they anticipate heightened interest as they start to allow bookings officially. She noted that they are currently making note of potential booking requests and plan to reach out to interested parties soon to finalize bookings. This license was intended to cover special events held at The Lodge throughout the year, which would include elements such as DJs and live music. The intention is not to have music that is excessively loud or disruptive but rather to ensure that all legal requirements are met, particularly in regard to noise ordinances and community standards.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
1. #25-05 – An ordinance amending the tax rate ordinance (Presented by the Council President on behalf of the Administration)
Council President Kinch stated that an amendment needed to be made to line 26 regarding RIGL 45-5-2 (c) 3 updated to RIGL 44-5-2 (d) 3.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO UPDATE LINE 26. VOTE 6/0.
The public hearing was opened at 8:23 p.m.
Finance Sub-Committee Chairman Shaw stated that the Finance Committee met to discuss. Mr. Shaw stated that this was a self-imposed ordinance dating back to 2004 or 2006. The Committee agreed not to take any action on this topic. The Mayor will explain this ordinance.
Mayor Jeff Mutter explained that Ordinance 25-05 is for the School Department. It pertains to the Town's self-imposed constraints, which are more restrictive than the State's levy cap of 4%. He clarified that this ordinance is not about increasing the tax rate for the year, but rather addressing the constraints imposed by the town's 3% self-imposed cap, which was enacted in 2004.
The Mayor expressed that if the School Committee does not anticipate needing any increase, the ordinance could be pulled. He mentioned that he has spoken to Dr. Thornton regarding the budgetary matters and the need for communication before the May 12th deadline, when the budget must be presented.
Councilor Sweet inquired about the original reasons for the self-imposed 3% cap. Mayor Mutter responded that it was implemented as a financial measure during the last meetings of the 2004 council term, intended to ensure financial prudence and stability. While the self-imposed cap has worked to improve the Town's financial health, including bond ratings, it creates limitations when large expenses, such as school bonds, arise.
Councilor Sweet expressed curiosity about whether other nearby towns have similar restrictions, to which the Mayor confirmed that Cumberland is unique in having a self-imposed cap, while other municipalities adhere to the State's 4% levy cap.
Councilor Shaw mentioned the spike in 2004 when it came to permits being built in the Town being a revenue driver for the Town and questioned if it helped the situation of that self-imposed 3 % that was passed to help the Town stay within the confines of that 3 %.
Mayor Mutter mentioned that one of the exemptions is growth. This year, the levy that's going to be in front of you it's driven by a tangible assessment increase more than we expected. Residents care about what their bill is, so a rate multiplied by a higher amount of assessment is a higher levy.
So that's the difference between the rate and the levy. One exemption is debt service. We were able to look at the preceding years' surpluses and set them aside to meet the impending increase in debt service. So now the housing aid has come in, but you have to replace those other funds that you used so that the rate didn't go over 3 percent and you're not going to have those funds anymore. The new housing aid is going to replace some of those funds. The factual mathematical reality is that if you don't want to go over 3 %, the chances of the School Department being level funded are 99.5%.
Councilor Shaw mentioned that there were many years of level funding that had occurred just after this was passed. The fact that the schools were level funded then was the motivator to stay below this 3 percent self-imposed cap at the time
Mayor Mutter stated he thinks there are different motivating factors. In 2004, some things happened, including a significant bond rating downgrade. These measures were enacted to make sure these measures stayed in place, including the levy resolution, which does not allow you to play around with the collection percentage rate. Our bond rating has gone up. These actions enabled the Town to get $80,000,000 in borrowing. The School Department is the lowest per-pupil funded School district by a significant amount. We were dead last, and to move up 1 notch is a big number. The School Department has done a great job. There have been significant improvements. It's a testament to the people who are there, many of them who have been there since the beginning of the improvement. They have done an excellent job with arguably less. We call this one the Tom Scully ordinance back in 2004. They've worked like a charm, and they can continue to do so. Understanding the impact happens if you want to stay there.
Jason Dean, 150 Staples Road, a member of the School Committee, addressed concerns during the public comment section. He opposed the idea of removing the cap shortly after discussions about rising electricity prices and feared this would result in unchecked tax increases.
The public hearing was closed at 8:43 p.m.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SWEET, AND IT IS VOTED TO TABLE TO MAY 7, 2025. VOTE 5/1.
NAY VOTE - COUNCILOR BEAULIEU
B. RESOLUTIONS
1. R-25-20 – A resolution adopting the unsynchronized Tax Levy for portions of Fiscal Year 2025 and Fiscal Year 2026 (tabled from April 2, 2025)
During the discussion of Resolution 25-20, Mayor Jeff Mutter explained that the proposed tax rate of $12.27 is two cents less than what was originally projected for this fiscal year when the budget was approved back in June 2024. Even though the tax rate is slightly lower, it results in a 4% levy due to an increase in the tangible property assessment. This is consistent with both the state's 4% levy cap and the Town's self-imposed rate cap.
Mayor Mutter emphasized the distinction between the levy and the tax rate, noting that the levy relates to the overall amount collected, while the rate affects individual tax bills. Although the levy has reached 4% due to increased assessments, residents will see only a 2.678% increase in their tax bills, which is less than initially approved. This approach ensures that the Town is adhering to both the State and Town financial regulations while still providing some relief to taxpayers compared to earlier projections.
The Mayor confirmed that the Town's tangible assessments went up more than expected, contributing to the 4% levy. Despite this, the adjustments in assessments have allowed the Town to keep the tax rate lower than the anticipated rate set during budget approvals in June 2024. As a result, residents are expected to receive bills reflecting the lower rate, aligning with efforts to manage the Town's finances prudently.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
NEW BUSINESS
A. RESOLUTIONS
1. R-25-24 – A resolution authorizing Mayor Jeffrey J. Mutter to enter an agreement with Woodward and Curran for Water System Hydraulic Model Calibration and Evaluation in an amount not to exceed sixty-nine thousand five hundred dollars ($69,500)
Public Works Director Romeo Mendes explained the details of the proposed resolution. Mr. Mendes outlined that the calibration of the water system's hydraulic model is essential, given the system's significant changes over recent years, notably since Franklin Farm was connected in January 2022. The purpose of the calibration is to accurately model and evaluate the system to ensure efficiency, safety, and future planning.
Mr. Mendes emphasized that the model, last fully calibrated in 2016, has been updated incrementally to reflect new integrations such as Franklin Farm's water production replacing the Sneech Pond plant. Highlighting the need for the calibration, he noted that such detailed evaluations uncover potential issues not often apparent, such as aging infrastructure and unforeseen degradation that can affect water flow and service quality.
A representative from Woodward and Curran, Todd Prokop, participated virtually, adding that the calibration will address specific areas of concern, particularly Mendon Road and Lippitt Estates, with recent water quality and pressure issues arising in those areas. Mr. Prokop assured the council that this evaluation aims to identify existing system weak points and guide effective replacements or investments.
Mr. Prokop detailed that the model utilizes flow testing and pressure monitoring to generate data that informs decisions about infrastructure improvements and their potential expense, offering a strategic means for cost-effective upgrades.
The Council discussed with Mr. Mendes and Mr. Prokop the broader implications of this project, including its role in addressing current and future water demands and ensuring consistent service across the Town. Mr. Mendes indicated that once calibrated, the model would serve as a reliable tool for the Town's planning, helping to address long-standing service issues, particularly in areas like Lippitt Estates, where the conversion from a private to a municipal system decades ago left some unresolved legacy issues.
MOTION BY COUNCILOR SWEET, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
2. R-25-25 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with Rhode Island Resource Recovery Corporation for solid waste and recycling services
Public Works Director Romeo Mendes presented the details of the bi-annual contract renewal with the Rhode Island Resource Recovery Corporation (RIRRC) for solid waste and recycling services. He noted that this agreement would extend from July 2025 to June 2027 and maintain the disposal cost at the current rate.
Mr. Mendes highlighted that Cumberland residents have been diligent in their recycling efforts but stressed the need for continued education to avoid contamination of recyclable materials. He mentioned that common issues leading to rejected loads, which incur higher fees, include moisture contamination from open lids and improper materials like coat hangers, films, and plastic bags being placed in bins. He suggested that increased education efforts might improve compliance and reduce costs associated with improperly disposed items.
Councilor Shaw raised concerns over the current recycling program's effectiveness, querying the Town's ability to consistently meet the required 35% recycling rate necessary to qualify for rebates. Failure to meet these standards results in higher charges, approximately $115 per ton for contaminated loads, which has led to budget overruns.
Mr. Mendes acknowledged these challenges, revealing that the Town was approximately $150,000 over budget for solid waste management due in part to rejected loads and a fiscal snafu whereby a payment from the previous fiscal year was accounted for in the current one. He indicated intentions to introduce new educational materials on correct recycling practices, potentially via inserts in tax bills, aiming to enhance resident awareness and compliance.
Councilor Shaw suggested that the council might need to revisit the overall recycling program structure, drawing on examples from nearby municipalities that have successfully introduced changes to improve efficiency and compliance. He expressed interest in a deeper examination of the Town's waste management and recycling figures to potentially guide future program adjustments.
Mr. Mendes stated that he would provide detailed statistics on recycling operation performance and financial impacts for further review by the council, emphasizing ongoing efforts to optimize resource recovery strategies.
MOTION BY COUNCILOR SWEET, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
2. R-25-26 – A resolution recognizing April 2025 as genocide awareness and prevention month in memory of the victims of the Armenian genocide.
During the meeting, the council reviewed Resolution 25-26, which is a measure to officially designate April 2025 as Genocide Awareness and Prevention Month, in remembrance of the victims of the Armenian Genocide. This resolution aims to bring attention to the historical significance and the somber memory of those who suffered during the Armenian Genocide.
The council members took this moment to recognize the importance of acknowledging past atrocities and raising public awareness about the Armenian Genocide. Such recognition serves as a poignant reminder of the need for ongoing vigilance and prevention efforts against genocide and mass atrocities in the future.
There was no presence of representatives from the Armenian community or the organizations promoting Genocide Awareness and Prevention Month at the council meeting, a situation mirrored in the past few years. Nevertheless, the council expressed their support for the resolution, underscoring the significance of historical remembrance and its role in fostering mutual understanding and commitment to human rights.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
4. R-25-27 – A resolution authorizing Mayor Jeffrey J. Mutter to purchase a portable dance floor for The Lodge at Diamond Hill from Construction Junction in a total amount not to exceed Eleven Thousand Eight Hundred and Twenty-Six Dollars ($11,826).
Director Mike Crawley presented the proposal for the purchase of a portable dance floor, explaining that it was initially removed from the original budget to save costs by purchasing it separately, thus avoiding the 10% markup associated with the construction company's involvement.
Mr. Crawley clarified that the portable dance floor would be versatile, comprising 3-foot sections that could be configured in various sizes, such as 30x30, 20x30, or 20x20, depending on the event's requirements. This flexibility would accommodate different event sizes, with the larger configuration suitable for significant gatherings at The Lodge.
The funds for this purchase were part of a budget originally allocated for various amenities at The Lodge, including dance floors, kitchen equipment, tables, and chairs.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SWEET, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
PUBLIC COMMENTS
There were no comments
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SWEET, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:16 P.M. VOTE 6/0.