MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, MARCH 2, 2022 AT 7:30P.M.
VIRTUAL - OPEN SESSION

 

The regular meeting was called to order at 7:34 pm with a roll call of members

 

MEMBERS PRESENT:

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

Via Zoom: Councilor Bradley

Also present—Mayor Jeffrey J. Mutter; Town Clerk Sandra M. Giovanelli; Town Solicitor Kelley Morris Salvatore.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

President Kinch announced that Communication C-22-05 was mislabeled and should be C-22-07, and the 2021-2022 license renewals should be labeled 2022-2023; and asked for a motion to amend the agenda as such.

 

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

 

UNANIMOUS CONSENT ITEMS

 

CONSENT AGENDA

A.  Acceptance of Minutes of the Special meeting of February 15, 2022, the Regular Meeting of February 16, 2022 and the Special Meeting of February 22, 2022

 

B.  COMMUNICATIONS

1.  C-22-07 – A resolution from the City of Woonsocket opposing House Bill 2022- H 6638 entitled, “An act relating to Towns and Cities – Zoning Ordinances”

 

2.  C-22-06 – A resolution from the Town of Burrillville in opposition to 2022 HB 6638 and SB 2340 zoning ordinances prohibiting single family residential zoning in municipalities with populations over twenty thousand

C. MUNICIPAL MOBILE FOOD ESTABLISHMENT

     1.  Atomic Blonde Ice Cream  

     2.  Bird’s Nest   

     3.  Palagi’s Brothers Ice Cream

     4.  Big Dog Eats

     5.  Palagi’s Ice Cream

 

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

 

PUBLIC COMMENTS

President Kinch paused for public comments. There were none.

 

LICENSES

A. JUNK AND SECONDHAND LICENSE

1.   An application for a Junk & Secondhand Dealer License from Mary-Lyn Siderski for RI Kids Consignment LLC, located at 30 Meeting Street, Unit 5.    

 

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

 

B. ENTERTAINMENT LICENSE

1.   An application for a Special Event Entertainment license from Joel Marrero for a Car Show to be held at Diamond Hill Park on July 2, 2022

Pending insurance certificate, signed lease agreement, state Promoter’s Permit, and approval from Police, EMS and Fire.

 

The applicant was not present to elaborate on details of the event.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS BEAULIEU AND MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 16, 2022. VOTE 7/0.

 

C. FIREARMS LICENSE

     1. An application for a Firearms License from Rui Felix, 15 Amanda Drive

 

The applicant asked to table for two weeks.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 16, 2022. VOTE 7/0.

 

D. 2022-2023 LICENSE RENEWALS:

     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

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

Davenport’s Family Restaurant Inc. d/b/a Davenport’s Family Restaurant-1070 Mendon Road

DJP Marques Churrasqueira-100 Mill Street

Filibuster Club-23 High Street

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

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

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

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

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

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

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

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

 

The Council tabled the renewal for Slam, Inc. to March 16, 2022.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE ALL, SLAM, INC. ON 422 HIGH STREET.  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.  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 BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  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

Body Mechanics Inc. d/b/a Providence Pilates Center- 2364 Diamond Hill Road

Broad Street Food and Fuel Inc. d/b/a/ Mendon Express-290 Broad Street

Chapel Pharmacy Inc. - 2081 Diamond Hill Road

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

Cumberland Farms Inc. #1275 – 3440 Mendon Road

Cumberland Parcel LLC d/b/a The UPS Store-1800 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 – 70 Mendon Road

Dollar Tree Stores, Inc. d/b/a Dollar Tree – 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

JLM Refreshments Inc. d/b/a Del’s Lemonade – 170 Mendon Road

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

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

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

Mendon Smoke Shop Inc. d/b/a Game of Smoke-1726 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

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., #2506 – 2125 Diamond Hill Road

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., #728 – 315 Broad Street

Roger’s Hardware, Inc – 159 Broad Street

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

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

Safa Inc. d/b/a Bestway Food Store – 302 Broad Street

Sassy Mama Cuisine d/b/a Sassy Mama Cuisine- 132 Mendon Road Unit 1

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

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

Shine Bright LLC d/b/a Shine Bright-3755 Mendon Road unit 2

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

Shubhlakshmi Corporation d/b/a Paul’s Liquor – 132 Mendon Road

SROA 95 Industrial RI LLC d/b/a Storage Rentals of America-95 Industrial Road

T-Mobile Northeast LLC-1800 Mendon Road

U-Haul Company of RI d/b/a Cumberland Moving & Storage – 135 Mendon Road

Under the Willow Bakery INC.- 3383 Mendon Rd

Valley Floor Covering – 144 Broad Street

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 SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 7/0.

 

JUNK AND SECONDHAND GOODS DEALER

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

LKQ Northeast Inc. d/b/a LKQ Advanced Auto Recycling– 290 Curran Road

Moulton Enterprises Inc. d/b/a Dead Jeep-120 Ralco Way

 

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

 

KENNEL LICENSE:

Boday, Michael & Barbara – 333 Nate Whipple Highway

Howe, Richard W. – 181 Scott Road

 

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

 

PRIVATE DETECTIVE:

Adam Axelband d/b/a Personal Detection Services

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

Brandon R. Lowe d/b/a Interstate Investigations

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

Christopher Fitzpatrick

Dean K. Volante

Dennis Malloy d/b/a Watchman Investigations

Derrick Levasseur d/b/a Break Investigative Group LLC

Domenic Bruzzi d/b/a Bruzzi Investigation Services

Earl Page Coventbridge Group

Henry Joseph Williamson

Matthew Scott d/b/a Assurance Investigations Group

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

Michael V. Orchard

Richard W. Howe

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, 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.

 

OLD BUSINESS

A.  RESOLUTIONS:

1.  R-22-01 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with the RI Department of Transportation to assume the maintenance of the Diamond Hill Road Roundabouts (tabled from February 16, 2022)

 

Town Solicitor Kelley Morris Salvatore referred the Council to the version online showing the revisions made that morning in agreement with the DOT legal office. This resolution involves landscaping and decorative appurtenances only.

 

Responding to Councilor Bradley, Mayor Mutter stated that the annual maintenance is built into the highway budget.

 

Resident Deborah Vine Smith asked for details on the landscaping vegetation and asked that no solicitation signage be put in the roundabouts.

 

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

Nay: Councilor Bradley

 

B.  ORDINANCES – PUBLIC HEARING:

1.  #22-02 – An Ordinance Repealing Article III of Chapter 18, as redundant and in conflict with Zoning Ordinance (Presented on behalf of the Administration)

 

Councilor Schmitt reported that the Ordinance Sub-Committee met February 23, 2022 and are tabling this indefinitely until the Planning Board can rule on it.

 

Solicitor Morris stated this is not a zone change, just repealing a general code.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 16, 2022.  VOTE 7/0.

 

     2.  #22-03 – An ordinance relating to the Municipal Court (Presented on behalf of the Administration)

 

The Ordinance Sub-Committee was recommending passage on a vote of 3-0. This minor change to our code strikes the reference to a judicial nomination commission and aligns the term of the probate judge with the Mayor’s four year term.

 

Public hearing opened at 8:13pm

 

Public hearing closed at 8:14pm

 

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

 

3.  #22-04 – An ordinance relating to plain language of ordinances, resolutions, and other documents (Presented by Councilor Magill)

      

The Ordinance Sub-Committee heard this and by a vote of 2-1 are recommending favorable passage with the following change: striking lines 23 through 34. Committee members in favor were Councilors Schmitt and Metivier, Councilor Beaulieu opposed.

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO AMEND BY STRIKING LINES 23 -34.  VOTE 7/0.

 

 Public hearing opened at 8:15pm.

Discussion ensued regarding the origins and reasoning behind the ordinance.

 

President Kinch asked if anyone from the public wished to speak.

 

Ted Vecchio, 584 Bound Road, stated that he thought Councilor Magill had the best intentions with this; having the simple explanation on the bottom is very helpful.

Resident Deborah Vine Smith added that the Council may want to say that preexisting resolutions and ordinances don’t apply.

 

Public hearing closed at 8:37pm

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO TABLE TO MARCH 16, 2022.  VOTE 7/0.

 

4.  #22-06 – An ordinance establishing salary ranges for the Executive Staff and other positions (Presented by Council President on behalf of the Administration)

 

Public hearing opened at 8:38pm

 

Councilor Magill stated that the Finance Sub Committee had heard this on February 24, 2022 and decided to forward it to the Council with no recommendation.

 

Solicitor Morris Salvatore explained the changes that were emailed to Every council member the day after the Finance Sub-Committee meeting.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ACCEPT 22-06A IN PLACE OF 22-06, BY A ROLL CALL.  VOTE 6/1.

Nay: Councilor Bradley

 

Public hearing for 22-06A opened at 8:38pm.

 

Mayor Mutter reviewed the changes he was proposing in the ordinance.

 

Councilor Shaw asked to amend for tonight’s vote, to put the high end of the salary range for EMS chief back up to $114,000.00, equal to the police chief.

 

Discussion ensued with the Council and Mayor.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE 22-06A, BY CHANGING THE EMS RANGE TO BE EQUAL TO THE POLICE CHIEF, BY A ROLL CALL.  VOTE 7/0.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO AMEND THE EMS DEPUTY CHIEF SALARY RANGE FROM $70,000.00- $90,000.00 TO $70,000.00- $100,000.00, BY A ROLL CALL. VOTE 6/1

Nay: Councilor Bradley

 

President Kinch asked if anyone from the public wished to speak in favor or against. No one spoke.

 

Public hearing closed at 8:55pm.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS BEAULIEU & MAGILL, AND IT IS VOTED TO APPROVE 22-06A AS AMENDED, BY A ROLL CALL. VOTE 6/1

Nay: Councilor Bradley

 

5.  #22-07 – An ordinance relating to sewer charges (Presented by Council President on behalf of the Administration)

 

Mayor Mutter asked for acceptance of 22-07A.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ACCEPT 22-077A IN PLACE OF 22-07, BY A ROLL CALL.  VOTE 7/0.

Public hearing opened at 8:58pm

 

Mayor Mutter outlined the history of this ordinance and how long the deficit reduction had been in place.

 

Public hearing closed at 9:00pm

 

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

 

NEW BUSINESS 

A.  APPOINTMENTS

      PARKS & RECREATION COMMISSION:

      1.  Appointment of a Councilor as Ex-Officio Member  

 

MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ACCEPT COUNCILOR SHAW TO THE POSITION.  VOTE 7/0.

 

      2.  Appointment of Keri Smith as School Committee Ex-Officio member

 

No vote was required.

 

B.  RESOLUTIONS

1.  R-22-18 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Woodard & Curran Inc. for the Preparation of a Five-Year Cost of Service Study, Hydraulic Model Update, Development of a Twenty-Year Infrastructure Replacement Plan and the Water Supply System Management Plan Update for the Town of Cumberland Water Department.

 

Mayor Mutter noted that the fiscal note was missing, but he would send it out the next day, and explained the funding.

 

Water superintendent Bill Descoteaux and a representative from Woodard and Curran gave an overview of the plan and answered questions from the Council.

 

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

 

2.  R-22-19 – A resolution authorizing the filing of an application for a Community Development Block Grant not to exceed one-million two-hundred seventy-two thousand dollars ($1,272,000) and to provide a match of six-hundred twenty-five thousand dollars ($625,000) for projects that benefit low- to moderate-income residents of the Town of Cumberland

 

Town Planner Glenn Modica and Community Outreach Coordinator Sarah King spoke to a Powerpoint presentation that illustrated the scope of the grant and projects, specifically the adaptive reuse of the old post office to provide services to the community. Former shop owner Carlos Neves gave a history of the use of the building when owned by his family.

 

Discussion ensued with the Council and administration.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE.  VOTE 5/2.

Nay: Councilors Schmitt & Bradley

 

3.  R-22-20 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract with Vision Government Solutions of Hudson Massachusetts for the revaluation of real property located in   Cumberland in an amount not to exceed four-hundred and fifty-one thousand dollars ($451,000)

 

Tax Assessor Al Wylie explained the bidding process for the state required full revaluation and informed the Council that Vision Government Solutions was the only company who bid. Two other companies, Northeast and Tyler, had been asked to bid but did not.

 

A brief discussion ensued.

 

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

 

C.  CLAIMS

      1.  Mary Guerrero

Referred to the Finance Sub-Committee

 

      2.  Katelyn Dube

Referred to the Finance Sub-Committee

 

PUBLIC COMMENTS

 

ADJOURNMENT

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 10:08PM. 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.