MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, MARCH 3, 2021 AT 7:30 P.M.

VIRTUAL - OPEN SESSION

 

The regular meeting was called to order at 7:37pm with a roll call of members.

 

MEMBERS PRESENT:

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

 

Also present— Mayor Jeffrey Mutter; Community Outreach Coordinator Sarah King; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore; DPW Director Robert Anderson

 

Also present: George Watson III, attorney for National Grid, and National Grid representatives Erin Worskey, George Delorio and David Hallowell.

 

President Kinch stated that in accordance with Governor’s Raimondo’s Executive Order 20-25 (relaxing the Open Meetings Act requirements) this meeting will be available to the public by video or telephone conference.  All members of the Town Council will be participating remotely. Members of the public can listen and/or participate by clicking on the link posted on the agenda, or by calling any of the numbers listed on the agenda. This meeting will also be livestreamed on Clerk base by clicking on the link on the town website.

 

Comments can be emailed to publiccomments@cumberlandri.org including your name, address, and statement. Only comments including all required information will be read into the record.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

Mayor Mutter announced a new form available on the town website beginning Thursday March 4, 2021 that will allow residents to report any power outtages so that the town could have a more detailed, data driven argument to present to National Grid.

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Special and Regular Meetings of February 17, 2021. 

 

B.  COMMUNICATIONS

1.  C-21-07 – A Resolution from the City of Central Falls requesting the Governor and General Assembly support Afterschool and Summer Programs for Rhode Island’s Youth

 

2.  C-21-08 – A Resolution from the City of Central Falls urging the General Assembly to Pass Misdemeanor Reclassification – SB-118 – for the Protection of Immigrant Families

 

3.  C-21-09 – A Resolution from the City of Central Falls urging the General Assembly to Pass the Civics Literacy Act HB-5028

 

C.  MUNICIPAL MOBILE FOOD ESTABLISHMENT PERMIT:  

    1.   An application for a Municipal Mobile Food Establishment permit from Palagi Brothers IC LLC

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0. 

 

PUBLIC COMMENTS

President Kinch paused for public comments. There were none.

 

REPORTS/COMMUNICATIONS

A.  Report of Executive Session vote(s), as may be necessary

      There were none.

 

B.  Discussion regarding Notice of Intent and Siting Report relative to The Narragansett Electric Company d/b/a
     National Grid J16S 115 kV Transmission Line Thermal Upgrade Project

 

Public Works Director Bob Anderson described this thermal upgrade to two transmission lines, touching upon environmental considerations such as containment areas for trucks and other vehicles and operations plans.

 

Solicitor Morris-Salvatore introduced the National Grid attendees.

 

National Grid attorney George Watson explained the provided memorandum for the project and answered questions relative to safety issues for the environment and public.

 

National Grid will hold a public hearing via Zoom, tentatively scheduled for the end of March. The Town will receive notice of the actual date.

 

C.  Discussion and potential action/vote on proposed periodic reporting from departments

 

Solicitor Morris-Salvatore explained the reasoning behind reinstating this practice as requested by Councilor Beaulieu. Based on input from the department heads, the solicitor had put together a proposal to provide performance data to the Council. Some departments would report monthly, some quarterly.

 

The Council held a brief discussion to clarify specifics.

 

The solicitor suggested having the quarterly and monthly reports due on the second meeting of each following month. For those departments providing quarterly reports, the first quarter would be due April 21, 2021.

 

Councilor Beaulieu asked to also include the monthly financial reports to the school dept.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILORS SCHMITT & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE WITH THE MODIFICATION TO THE SCHOOL DEPARTMENT REPORT TO INCLUDE THE MONTHLY FINANCIAL REPORT, BY A ROLL CALL. VOTE 7/0. 

 

D.  Discussion and scheduling of workshop relating Municipal Affairs, responsibilities of government officials

 

President Kinch stated that he and the Mayor had discussed holding this 2-hour workshop covering three topics: state Ethics Commission education coordinator Lynne Radiches would review ethics issues; solicitor Morris-Salvatore would review Open Meetings Act laws, possibly with a representative from the Attorney General’s office; lastly, the Mayor would review the levy sheet, master leases, and fund balances. The meeting date selected will be March 29, 2021 beginning at 6:00pm. The town clerk will ask the School Committee if they want to be present.

 

LICENSES

A.  HAWKER LICENSE cont.

      1.  An application for a Hawker’s license from Joshua Nielsen, d/b/a/ Phantom Fireworks, located at 1170 Mendon
           Road, from June 24, 2021 to July 4, 2021

 

The Council and the Mayor spoke about various complaints regarding private fireworks displays the previous year. There had been no town-sponsored display due to Covid, and it was felt that individual residents had purchased significant amounts of fireworks to set off, some of which exceeded the state recommendations for allowable fireworks.

 

Councilor Magill commented that even if this license was not approved, residents would go to other communities or states to acquire fireworks.

 

Applicant Joshua Nielsen was present and spoke to having held this town license for eight years, and selling legal fireworks throughout RI. He commented that license fees and his rental fees to property owners help to support the town.

 

Accountability and extra police details were discussed. Mayor Mutter would ask Chief Desmarais to provide a briefing to the Council at a future meeting.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE, PENDING BUILDING, POLICE, FIRE AND EMS, BY A ROLL CALL. VOTE 5/2. 

Nay: Councilors Beaulieu and Shaw

 

B.  VICTUALLING HOUSE LICENSE

1.   An application for a fourth-class Victualling House license for JLM Refreshments Inc., d/b/a Del’s Lemonade, located at 170 Mendon Road

 

Pending Department of Health, permit to make sales, and building official.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0. 

 

C.  HOLIDAY LICENSE

 

1.   An application for a Holiday license for JLM Refreshments Inc., d/b/a Del’s Lemonade, located at 170 Mendon Road.

Pending Department of Health, permit to make sales, and building official.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0. 

 

2.   An application for a Holiday license from Joshua Nielsen, d/b/a/ Phantom Fireworks, located at 1170 Mendon Road, from June 24, 2021 to July 4, 2021

 

Pending building official, police, fire and EMS.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 5/2

Nay: Councilors Beaulieu and Shaw

 

D.  ENTERTAINMENT LICENSE

1.   An application for a special event entertainment license from North Smithfield Middle School National Junior Honor Society for a Charity 5K Walk-A-Thon at the Monastery Trails on May 15, 2021

 

Pending police, fire, and building.

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER & BRADLEY, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0

 

E.  2021-2022 LICENSES RENEWAL

ENTERTAINMENT LICENSE:

Amaya Primo, Inc., d/b/a La Familia, 1666 Diamond Hill Road

Angelos’s Pizza Inc., d/b/a Angelo’s Palace Pizza & Venue 131, 133 Mendon Road

Hoii LLC., d/b/a Azalea Asian Cuisine & Sushi Bar, 1764 Mendon Road

Blackstone River Theatre d/b/a Blackstone River, 549 Broad Street

DJP Marques Churrasqueira, 100 Mill St

Filibuster Club d/b/a Filibuster Club, 23 High Street

Franks Incorporated d/b/a Bandidos Mexican Restaurant, 88 Broad Street

Gottaq Brands LLC d/b/a Gottaq Smokehouse BBQ, 2000 Mendon Road Suite 10

J. Gray’s Family Tavern LLC, 405 Mendon Road

Jerry’s Friendly Tap LLC d/b/a Jerry’s Friendly Tap and Grill, 1225 Mendon Road

J.K. and Son LLC, d/b/a The End Zone Sports Pub, 958 Mendon Road

LMP Enterprises d/b/a Adeline’s Speakeasy Bar & Grill, 2352 Mendon Road

Mickey’s Valley View Pub, Inc., 46 Carpenter Street

MC T’s Tavern Inc., d/b/a MC T’s Tavern, 940 Mendon Road

PEHarvey LLC, d/b/a Skeffs, 80 Manville Hill Road

Phantom Properties LLC d/b/a Phantom Farms LLC, 2922 Diamond Hill Road

Seven Cray Street Realty, Corp d/b/a Seven Cray Street, 7 Cray Street

Slam. Inc d/b/a Third Base, 422 High Street

SPSR, Inc., d/b/a Bollywood Grill, 1764 Mendon Road

Valley Park Pub Ltd d/b/a Valley Park Pub Ltd, 17 Mill Street

V R Foodies LLC d/b/a Godavari RI, 356 Mendon Rd

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING ALL REQUIRED APPROVALS, BY A ROLL CALL. VOTE 7/0 

 

FIREARMS:

Front Sight LLC, 53 Millers Brook Drive

J. & A. Sales, 400 West Wrentham Road

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING ALL REQUIRED APPROVALS, BY A ROLL CALL. VOTE 7/0

 

HAWKER LICENSE:

Blaise’s Holiday Shop d/b/a Blaise’s Holiday Shop, 2080 Diamond Hill Rd

John Delpivo d/b/a Pivo’s Landscaping, 2077 Diamond Hill Rd

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING ALL REQUIRED APPROVALS, BY A ROLL CALL. VOTE 7/0

 

HOLIDAY LICENSE:

1 Stop Deli & Grocery, 14 Bound Rd

732 High Street Market, Inc. d/b/a High Street Market, 732 High Street

A Teixeira & Company, Inc. d/b/a Pop’s Liquor, 2080 Diamond Hill Road

Apollo Auto Sales, Inc. d/b/a Apollo Auto Sales, 625 Broad Street

AQS LLC d/b/a Smokers Haven, 3450 Mendon Road

Aspire Dermatology LLC, 2138 Mendon Rd, Suite 201

Bad Yogis Club, 1 Reservoir Rd

Chapel Pharmacy Inc., 2081 Diamond Hill Road

Colbea Enterprises d/b/a Seasons Corner Market, 2095 Diamond Hill Road

Cumberland Farms Inc. #1275, 3400 Mendon Road

CWS Operating Co. d/b/a Mendon Wine & More, 2170 Mendon Road

Dave’s Fruitland Inc. d/b/a Dave’s Marketplace of Cumberland, 2077 Diamond Hill Road

Dollar Tree Stores, Inc. d/b/a Dollar Tree #3700, 8 Mendon Road

Dollar Tree Stores, Inc. d/b/a Dollar Tree # 5459, 3751 Mendon Road

Extra Space Management Inc. d/b/a Extra Space Storage #8894, 197 Dexter Street

F & S- LLC. d/b/a The Cumberland Spot, 1170 Mendon Road

F & Z LLC d/b/a Gulf Express, 3 Pine Swamp Road

Heroux Retail Group LLC d/b/a With Heart & Soul, 3751 Mendon Road

Iqbal & Sons Inc. d/b/a Cumberland Sunoco, 2093 Diamond Hill Road

Mamm Liquors Inc. d/b/a Cumberland Wine & Spirit, 275 Broad St

Kim & Gary’s Ice Cream, d/b/a The Ice Cream Machine, 4288 Diamond Hill Rd

Mendon Road Gulf Inc., d/b/a Gulf Express, 1754 Mendon Road

Nouria Energy Retail, Inc. d/b/a Cumberland Shell, 4120 Mendon Road

One Energy Inc. Inc., d/b/a Zoom Mart, 3492 Mendon Road

RPC d/b/a Rumford Pet Express, 2000 Mendon Rd Suite 5

Phantom Properties LLC d/b/a Phantom Farms, 2920 Diamond Hill Road

RDMG Inc d/b/a Depault Hardware, 2000 Mendon Road, Suite 9

Rhode Island CVS Pharmacy LLC d/b/a CVS Pharmacy, Inc., #728, 315 Broad Street

Rhode Island CVS Pharmacy LLC d/b/a CVS Pharmacy, Inc., #37, 1998 Mendon Road

Rhode Island CVS Pharmacy LLC d/b/a CVS Pharmacy, Inc., #2506, 2125 Diamond Hill Road

Roger’s Hardware, Inc., 159 Broad Street

Royal Eyebrows Threading d/b/a Royal Eyebrows, 984 Mendon Road

S N K Inc., d/b/a Cumberland Convenience, 427 High Street

Safa Inc., d/b/a Bestway Food Store, 302 Broad St

Sassy Mama Cuisine d/b/a Sassy Mama, 132 Mendon Rd

Seabra Foods III, Inc., d/b/a Seabra Supermarkets, 2000 Mendon Road

Sealit Ams Cumberland LLC, d/b/a Planet Fitness, 1800 Mendon Road

Shivanand Inc.,d/b/a Cumberland Hill Liquors, 3450 Mendon Road

Shubhlakshmi Corporation d/b/a Pauls’ Liquor, 132 Mendon Rd

Spin City Cumberland LLC, d/b/a Spin City Cumberland, 3400 Mendon Road

The Stop & Shop Supermarket Co. d/b/a Stop & Shop Store #704, 70 Mendon Road

The Nails Spa Inc., d/b/a Perfect Nails, 3400 Mendon Road

Tony’s Cumberland Market Inc., d/b/a Tony’s Cumberland Market, 290 Broad St

U-Haul Company of Rhode Island d/b/a Cumberland Moving & Storage, 135 Mendon Road

Under the Willow Bakery Inc., 3383 Mendon Rd

Valley Floor Covering, 144 Broad Street

Vape Pro, 132 Mendon Road Unit 3

Vikar Vahora Inc., d/b/a Best Way, 1178 High Street

VIP Spa & Nails Inc. d/b/a VIP Nails & Spa, 70 Mendon Road

Walgreens Eastern Co. d/b/a Rite Aid #10231, 2136 Mendon Road

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING ALL REQUIRED APPROVALS, BY A ROLL CALL. VOTE 7/0

 

JUNK AND SECONDHAND GOODS DEALER

Achase Recycling LLC, 79 Garden Street

Auto Parts Group Southwest LLC d/b/a Pick-N-Pull, 70 Macondray Street

Centennial Leasing & Operating Co. LLC d/b/a Centennial Auto, 187 Dexter Street

LKQ Route 16 Used Auto Parts, Inc. d/b/a LKQ Advanced Auto, 290 Curran Road

Valley Motors, Inc.,198 Broad Street

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING ALL REQUIRED APPROVALS, BY A ROLL CALL. VOTE 7/0

 

KENNEL LICENSE:

Boday, Michael & Barbara, 333 Nate Whipple Highway 

Frampton, Elizabeth, 12 Old West Road

Howe, Richard W., 181 Scott Road

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING ALL REQUIRED APPROVALS, BY A ROLL CALL. VOTE 7/0

 

PRIVATE DETECTIVE:

Adam Axelband d/b/a Personal Detection Services

Dennis Malloy

Domenic Bruzzi d/b/a Bruzzi Investigation Services

Bethany Carvalho-Arnold d/b/a Dinatale Services Inc.

Christopher Fitzpatrick

Richard W. Howe                                                      

Brian Landry d/b/a Claims Bureau USA, Inc.

Brandon R. Lowe d/b/a Interstate Investigations

Barry J. Maguire d/b/a NE Risk Management Private Investigations Inc.

Michael Mastrangelo d/b/a Master P.I.

Michael V. Orchard d/b/a Beacon Investigative

Matthew Scott d/b/a Assurance Investigations Group

Dean K. Volante

Derrick Levasseur d/b/a Break Investigative Group LLC

Henry Joseph Williamson

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE PENDING ALL REQUIRED APPROVALS, BY A ROLL CALL. VOTE 7/0

 

OLD BUSINESS

A.  ORDINANCES FOR PUBLIC HEARING:

1.  #20-32 – An ordinance relating to Sewer Use Fees and removing the requirement for the sewer deficit reduction fee (Presented by the Council President on behalf of the Administration)

 

This ordinance was withdrawn by the administration.

 

Councilor Schmitt commented that the Ordinance Sub-Committee had not yet had a chance to review ordinances #21-01,  #21-04, #21-06, or #21-07, but would hear them at their next meeting on March 9, 2021 at 6:30pm.

 

2.  #21-01 – An ordinance relating to accessory family dwelling units (Presented by the Council President on behalf of the Administration) (Tabled from February 3, 2021)

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO THE MARCH 17, 2021 COUNCIL MEETING, BY A ROLL CALL. VOTE 7/0.

 

 

3.  #21-04 – An ordinance amending the employee handbook relating to severance (Presented by Council President on behalf of the Administration; (tabled from February 17, 2021)

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO THE MARCH 17, 2021 COUNCIL MEETING, BY A ROLL CALL. VOTE 7/0.

 

4.  #21-06 – An ordinance amending the Code of Ordinances relative to Streets and Sidewalks

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO THE MARCH 17, 2021 COUNCIL MEETING, BY A ROLL CALL. VOTE 7/0.

5.  #21-07 – An ordinance amending the Code of Ordinances relative to holding pond development standards

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO THE MARCH 17, 2021 COUNCIL MEETING, BY A ROLL CALL. VOTE 7/0.

  B.  RESOLUTIONS

1.  R-21-10 – A resolution establishing designated areas on Town-Owned property for Mobile Food Establishment locations (tabled from February 17, 2021)

 

This also would be heard at the next Ordinance Sub-Committee meeting on March 9, 2021 at 6:30pm.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO THE MARCH 17, 2021 COUNCIL MEETING, BY A ROLL CALL. VOTE 7/0.

 

NEW BUSINESS

A.  APPOINTMENTS

      CHIEF OF STAFF

      1.  Sara Brelsford

      

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.

   

 SENIOR CENTER RENOVATIONS BUILDING COMMITTEE

     1.  Roland Gauvin (Mayor’s Appointment)

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.   

 

B.  ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE

1.  #21-08 – An ordinance amending the salaries of the Executive Staff and Other Positions (Presented by the Council President on behalf of the Administration)

 

Referred to the Finance Sub-Committee

 

 

PUBLIC COMMENTS

 

 

ADJOURNMENT

MOTION BY COUNCILOR SCHMITT, SECONDED BY MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:57P.M.  BY A ROLL CALL. 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.

ADDITIONALLY, THE DVD OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY.