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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, MAY 1, 2024, 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 7:30pm with a roll call of members.

MEMBERS PRESENT:

In person: President Kinch, Councilors Bradley, Magill, Shaw, Metivier, Schmitt and Beaulieu.

Also present—Mayor Jeffrey J. Mutter; Outreach Coordinator Sarah F. King; Town Solicitor Kelley Morris Salvatore; Town Clerk Sandra M. Giovanelli; Town Planner Glenn Modica

PLEDGE OF ALLEGIANCE

GENERAL ANNOUNCEMENTS

President Kinch asked for a moment of silence for the passing of former Mayor Frank Stekovitch.

CONSENT AGENDA

A. Acceptance of Minutes of the Regular Meeting of April 17, 2024

B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE

1. Fahzool Corp.

2. Newport Creamery

3. Cultro LLC

C. COMMUNICATIONS

1. C-24-25 – A resolution from the Town of Westerly urging the RI State Legislature to support allocating funding for permanent safety barriers on Rhode Island’s Bridges over Narragansett Bay

2. C-24-26 – Resolutions from the Town of Burrillville in support of Senate Bill 2024 – S 2008, Education Equity and Property Tax Relief Act; Urging the General Assembly to maintain CIA funding at the existing level for FY 2025 and beyond; and from the Burrillville School Department urging the General Assembly to maintain CIA funding.

3. C-24-27 – Resolutions from the Town of Burrillville in support of Senate Bill 2024 – S 2016 relating to low and Moderate Income Housing; in Opposition to Legislation regarding Housing and Land Use; Opposing House Bill 2024- H 7978, Relating to Subdivision of Land ; Opposing House Bills 2024 – H 7382, and 2024 – H 7324, relating to Zoning Ordinances; Opposing House Bill 2024 – H 8109, relating to Taxation-Statewide Tangible Property Tax Exempt

4. C-24-28 – A resolution from the Town of Bristol urging the State legislature to support allocating funding for permanent safety barriers on Rhode Island’s bridges over Narragansett Bay

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

PUBLIC COMMENTS

Terry Halston, Newell Drive, Cumberland teacher and president of the Cumberland Teachers Association spoke to the concerns and challenges of the Cumberland Teachers Association; their challenges and goals, the need for increased funding. She urged the Council to consider higher levels of funding.

REPORTS/COMMUNICATIONS

A. Report of Executive Session vote(s), as may be necessary
There were none.

LICENSES

A. HOLIDAY SALES LICENSE

1. An application for a Holiday Sales License from Vape Pro Inc. d/b/a Puff Pro located at 1407 Mendon Road

All approvals are in order for this license.

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

2. An application for a Holiday Sales License from Keystone Novelties Distributors d/b/a Keystone Fireworks Tents, located at 3751 Mendon Road from June 26, 2024 to July 6, 2024

The issuance of the license is pending final tent review.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS VOTED TO APPROVE. VOTE 6/1.
Nay: Councilor Shaw

HAWKER’S LICENSE

1. An application for a Hawkers License from Keystone Novelties Distributors d/b/a Keystone Fireworks Tents, located at 3751 Mendon Road from June 26, 2024 to July 6, 2024

The issuance of the license is pending final tent review.

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE. VOTE 6/1.
Nay: Councilor Shaw

OLD BUSINESS

A. ORDINANCES FOR PUBLIC HEARING

1. #24-05 – An ordinance relating to the Department of Recreation (Presented by Councilor Shaw) (tabled from April 3, 2024)

Councilor Schmitt stated that this ordinance is awaiting Ordinance Sub-Committee review. President Kinch asked for a motion to table.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 15, 2024. VOTE 7/0.

2. #24-07 – An ordinance amending the zoning ordinance relating to commercial uses (Presented by Council President on behalf of the Administration)

This ordinance is also waiting for Ordinance Sub-Committee review. President Kinch asked for a motion to table.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MAY 15, 2024. VOTE 7/0.

NEW BUSINESS

RESOLUTIONS

1. R-24-45 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with Runyon Heritage Associates in an amount not to exceed thirteen thousand dollars ($13,000)

Town Planner Glenn Modica stated that this resolution was in reference to Grant’s Mills, to be included on the National Register Nomination. The 19^th century saw & grist mill is privately owned, and the owner would like to have it listed on the National Register of historic places. The owner would like to restore the mill and open it up to the public; this nomination is the first step to accomplishing this. M. Modica outlined the origins of the grant. There will be further details as they go forward.

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

2. R-24-46 – A resolution amending the Town of Cumberland’s Community Recovery Fund Spending Plan

Mayor mutter stated this was the precursor to the subsequent resolution on the agenda and would create the funding for that.

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

3. R-24-47 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to engage the services of Bureau Veritas to complete the Town of Cumberland’s ADA Self-Evaluation and Transition Plan in an amount not to exceed one hundred and sixty-six thousand eight hundred and fifty-six dollars ($166,856).

The Mayor stated that it had come to the attention of the administration that this needed to be done. This is the company chosen to accomplish that. Senior Project Manager Michael Cunniff from Bureau Veritas was present via Zoom, and described the process of the plan and the requirements that need to be met.

Discussion ensued with the Council.

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

4. R-24-48 – A resolution requesting the General Assembly to enact legislation regarding door-to-door sales

Town Solicitor Kelley Morris Salvatore stated that a new ordinance relating to this resolution will be presented that will look like the original ordinance drawn up, #23-04, that had been withdrawn. This new ordinance will provide greater clarification.

The solicitor answered questions from the Council.

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

APPOINTMENTS

CUMBERLAND HOUSING AUTHORITY

Chris Alger, completing term of Dan Ouellette. Term to expire June 30, 2026

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS VOTED TO APPROVE. VOTE 6/1.

Nay: Councilor Beaulieu

ORDINANCES FOR PRESENTATION AND PERMISSION TO ADVERTISE

1. #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.