CONSENT AGENDA

A.  Acceptance of Minutes of the Special and Regular meetings of June 5, 2024, and the Special meetings of June 10, 2024 and July 9, 2024

B.  MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE       
      1.  Methods of a Madwoman Inc.

  2.  East Landing RI

C.  COMMUNICATIONS

 1.  C-24-42 – DEM Freshwater Wetlands Permit Notice Plat 66, Lots 416-419

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.  Presentation from Stoss on Valley Falls Heritage Park
Outreach coordinator Sarah King spoke about the series of community engagement events held on the topic of the redevelopment of Valley Falls Park and thanked the Building Committee for all their hard work. She and Planning Director Glenn Modica introduced Chris Reed and Hala Nasr from Stoss and Dr. Neenah Estrella-Luna from StarLuna who gave an overview of the goals, design and budget of the proposed park, accompanied by a Powerpoint presentation.

C.  Update from the School Committee

Denis Collins was unavailable and would present a report at the August 21, 2024 meeting

D.  Monthly/Quarterly Financial Report ending June 30, 2024

There were no questions from the Council.

E.  Check registers for June 30, 2024

There were no questions from the Council.

F.  Request from the Tax Assessor to review and approve June 30, 2024 abatements and supplemental bills

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2018 MOTOR VEHICLE ABATEMENTS IN THE AMOUNT OF $555.33. 
VOTE 7/0.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2024 REAL ESTATE ABATEMENTS IN THE AMOUNT OF $956.31.  VOTE 7/0.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS METIVIER & BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE 2024 REAL ESTATE SUPPLEMENTS IN THE AMOUNT OF $8,077.24.  VOTE 7/0.

G.  Department Reports

1.  Animal Control

2.  Building Committees

3.  Building Official

4.  EMS

5.  Library  

6.  Parks & Recreation

7.  Planning & Community Development

8.  Police Department

9.  Senior Services

10. Town Clerk’s Office

H.  Quarterly Reports

1. Human Resources

2. OCYL

3. Public Works

4. Water Department

1.   An application for a Special Event Entertainment License from McCoy FIT LLC for the FIT Challenge Ultra Trail Race to be held at the Monastery, 1464 Diamond Hill Road on October 19 and 20, 2024

Pending signed lease agreement, promoters permit and insurance certificate.

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

2.  An application for a Special Event Entertainment License from Our Lady of Fatima Church for Our Lady of Fatima Annual Feast located at 1 Fatima Drive, to be held Friday, August 30^th through Sunday, September 1^st, 2024.

Pending promoters permit and final tent inspection.

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

3.  An application for a Special Event Entertainment License from Cumberland Professional Firefighters for their annual Cumberland Firefighters Touch-A-Truck at Diamond Hill Park on August 25, 2024

Pending signed lease agreement, promoters permit and insurance certificate

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

4.  An application for a Special Event Entertainment License from Cumberland Public Library for an outdoor Concert on August 14, 2024

The town clerk noted that the agenda is missing the August 9, 2024 date listed on the license application. President Kinch asked for a motion to amend the agenda to add that date.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO AMEND THE AGENDA TO ADD THE AUGUST 9, 2024 DATE.  VOTE 7/0.

Everything was in order for the license.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

5.  An application for a Special Event Entertainment License from the Historic Metcalf Franklin Farm Preservation Association for their annual Harvest Festival to be held at Frankling Farm on September 28, 2024 and rain date on September 29, 2024.

Pending signed lease agreement, promoters permit, insurance certificate, final tent inspection and revised list of active food trucks and vendors.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

6.  An application for a Special Event Entertainment License from Ocean State Kids for Diamond Hill Explorers Program to be held at the Monastery each Thursday in August and September from 10:00a.m. to 12:00p.m.

Pending promoters permit and insurance certificate.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

1.  #24-05 – An ordinance relating to the Department of Recreation (Presented by Councilor Shaw) (tabled last from May 15, 2024)

Councilor Schmitt reported that the Ordinance Sub Committee had heard this at their July 8, 2024 meeting, and at the request of the sponsor it was tabled. He asked Councilor Shaw if he was interested in continuing it or withdrawing it.

Councilor Shaw responded that the ordinance had been contingent on what the Council felt based on what the Charter Review Commission brought forth about the other two positions they were looking to create.

After a brief discussion Councilor Schmitt said that his recommendation from the Ordinance Sub Committee would be to withdraw this ordinance and draw up a new one.

Ordinance #24-05 was withdrawn by the sponsor with the intention that in the near future another ordinance would come before the council that would include all three positions.

2.  #24-09 – 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 53, Lots 56, 69, 93, 94, and 95. (tabled from June 5, 2024)

Councilor Schmitt stated that the Ordinance Sub Committee had also heard this complicated series of zone changes at their July 8, 2024 meeting. After discussion and review of the Planning Board’s opinion the Ordinance Sub Committee voted

2-1, with Councilors Beaulieu & Schmitt: aye, Councilor Metivier: nay – not to recommend passage to the Council. Councilor Metivier had specific questions about splitting that first ordinance into three sections. That has been done and tonight an “A” version is being presented. The applicant’s attorney is present to explain the ordinance.

Town Solicitor Kelley Morris Salvatore requested that the Council hear #24-10 first.

3.  #24-10 – 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 53, Lot 55. (tabled from June 5, 2024)

Councilor Schmitt reported that the Ordinance Sub Committee had also considered this on July 8, 2024 with the same vote margins - Councilors Beaulieu & Schmitt: aye, Councilor Metivier: nay - and the same recommendations.

Attorney Charles Redihan addressed the Council on behalf of the applicants. He stated that the applicant is withdrawing ordinance #24-10 in its entirety as it relates to 28 Vivian Avenue. 

Returning to #24-09, attorney Redihan stated that the applicant will also be withdrawing part C of ordinance #24-09A as it relates to 28 Grand Avenue. The only items before the Council this evening pertain to Ordinance #24-09A, items A & B, pertaining to 25 Grand Avenue, plat 53, lot 56, and 26 Grand Avenue, plat 53, lot 95.

The applicant was not in attendance this evening, but the attorney would show a prepared presentation to illustrate the applicant’s intentions.

Public hearing opened at 8:19pm

Attorney Redihan spoke first of 25 Grand Avenue asking to amend the zoning designation from R-1 residential to C-2 commercial to match what is the past, present and future use of the property. He then spoke of 26 Grand Avenue asking to also amend the zoning designation from R-1 residential to C-2 commercial.

The Powerpoint presentation prepared by the applicant was shown.

Attorney Redihan reiterated that the applicant had pared down their request for 25 Grand Avenue and are simply asking that the Council follows the favorable recommendation of the Planning Department in amending the zoning designation from R-1 to C-2 with those two proposed uses – contract construction and auto repair.

Regarding 26 Grand Avenue, the applicant is asking to amend the zoning designation from R-1 to C-2 and go a step beyond the recommendation of the Planning Board, which favorably recommended the zoning designation change with auto repair and contract construction, to add the mixed use residential as well as limited and general business service. Those would not be in conflict with a residential floor.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #24-09A IN PLACE OF #24-09, BY A ROLL CALL.  VOTE 7/0.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO AMEND #24-09A TO STRIKE ALL OF SECTION C, BY A ROLL CALL.  VOTE 7/0.

Discussion ensued with the Council and town planner Glenn Modica regarding the comprehensive plan and the two mixed use interpretations.

President Kinch asked if anyone in the Chamber or at the meeting via Zoom wished to speak about this matter. There were no questions or comments.

MOTION BY COUNCILOR BEAULIEU TO AMEND SECTION B TO THE PLANNER’S RECOMMENDATION TO RESTRICT THE USE TABLE TO 59 AND 63. THERE WAS NO SECOND. MOTION FAILS. 

Public hearing closed at 9:16pm

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BRADLEY, AND IT IS VOTED TO APPROVE #24-09A, AS AMENDED, WITH NO MERGER OF THE LOTS, BY A ROLL CALL.  VOTE 6/1.

Nay: Councilor Beaulieu

4.  #24-19 – An ordinance amending Chapter 38, Article III (Entitled Parking, Stopping, and Standing) of the Town of Cumberland’s Code of Ordinances (Presented by Councilor Magill)

This ordinance had not yet been before the Ordinance Sub Committee.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO TABLE TO AUGUST 21, 2024.  VOTE 7/0.

B. RESOLUTIONS

1.  R-24-49 – A resolution requesting that the Rhode Island Secretary of State place certain questions on the November 5, 2024, Election Ballot (tabled from May 15, 2024)

Charter Review Commission chair Rick Beaulieu was present to participate in the Council discussion.

Solicitor Morris-Salvatore had provided a revised list of questions based on the previous meeting’s votes and spoke briefly about the list and the order of the questions.

Discussion of the list of questions ensued. The order the questions will appear on the ballot was determined.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE RESOLUTION WITH THE REMOVAL OF QUESTION THREE AND WITH THE ORDER OF QUESTIONS DISCUSSED.  VOTE 6/1.
Nay: Councilor Bradley

1.      Rebecca Tetreault

Referred to the Finance Sub Committee

B.  RESOLUTIONS

1.  R-24-59 – A resolution approving the Finance of the Development, Construction, Renovation, Improvement, Alteration, Repair and Equipping of recreational areas and facilities in the Town

Mayor Mutter – the town voted on this bond issue in 2020, and it was approved by general assembly in 2021. This is the final step in order for the town to access the funds.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

2.  R-24-60 – 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 SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

3.  R-24-61 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter an agreement with Pare Corporation for Intersection Improvements at several intersections in an amount not to exceed thirteen thousand eight hundred dollars ($13,800)

DPW Director Joe Duarte spoke to certain problematic intersections requiring modifications. Some involve state roads and will require DOT permits. Traffic Officer Parenteau spoke about investigating the various complaints received about the intersections and engaged in discussion with the Council.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

4.  R-24-62 – A resolution authorizing a change order to Police Detail Tracking Systems’ contract in a total amount not to exceed one thousand one hundred and seventy-two dollars ($1,172.)

The Mayor explained the increased charge based on additional users.

MOTION BY COUNCILORS BEAULIEU & SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

Absent: Councilor Magill.

5.  R-24-63 – A resolution authorizing Mayor Jeffrey J. Mutter to convey property located at 67-69 Leddy Street to Paul and Charlene Giguere for the amount of twenty thousand dollars ($20,000.00)

Solicitor Morris-Salvatore gave an overview of the resolution. Tax Assessor Al Wylie was present via Zoom to answer any questions.

MOTION BY COUNCILOR BRADLEY, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

Absent: Councilor Metivier

6.  R-24-64 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed fifteen thousand one hundred and sixteen dollars and nine cents ($15,116.09)

Diamond Hill Building Committee Chair Mr. Leonard Bradley, 16 Old Meadow Lane, addressed the Council stating that this was to cover the costs to correct the lighting in the back parking lot.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

President Kinch asked to move R-24-69 up next.

11.  R-24-69– A resolution authorizing and empowering Mayor Jeffrey J. Mutter to execute a contract with NEOGOV for policy and compliance management software for Cumberland Emergency Medical Services in a total three-year amount not to exceed sixteen thousand eight hundred and thirty dollars and seventy-three cents ($16,830.73)

EMS Chief Scott Dessert was present to speak to this Cloud-based software as being instrumental to them as one of the first steps in becoming an accredited ambulance service. Currently there are none in Rhode Island.

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

President Kinch asked to move R-24-68 up next.

10.  R-24-68 –  A resolution authorizing a change order to Oshean’s contract in an amount not to exceed twenty-three thousand one hundred dollars ($23,100)

Cindy Lepore and Jon Domen were present from Oshean to speak about their findings of additional locations that needed updated equipment.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

7.  R-24-65 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed six thousand three hundred and ten dollars and thirty-three cents ($6,310.00)

President Kinch noted that the numerical dollar amount in parentheses on the resolution isn’t correct.

MOTION BY PRESIDENT KINCH, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO CORRECT THE DOLLAR AMOUNT ON THE AGENDA TO READ ($6,310.33).  VOTE 7/0.

Mr. Bradley noted that these funds were for additional lighting at the building’s outdoor patio area.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS SHAW & METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

8.  R-24-66 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed eighteen thousand and seventy-six dollars and seventy cents ($18,076.70)

These funds are required to complete the irrigation system.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

9.  R-24-67 – A resolution authorizing a change order to Tower Construction Corp’s contract in a total amount not to exceed two hundred and sixty-eight dollars and twelve cents ($268.12)

An additional lintel is required for structural integrity.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

C.  ORDINANCES – PRESENTATION & PERMISSION TO ADVERTISE

      1.  #24-20 – An ordinance relating to door-to-door solicitation

Referred to the Ordinance Sub Committee.

PUBLIC COMMENTS

Bill Zuck, 40 Thomas Leighton Boulevard, commented that this was the first time he had attended a Council meeting, and wanted to thank the Mayor and Council for what they do.

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:29PM. 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.