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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, MARCH 1, 2023, 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 7:35pm with a roll call of members.
MEMBERS PRESENT:
In person: President Kinch, Councilors Bradley, Magill, Shaw, Metivier and Beaulieu.
Absent: Councilor Schmitt
Also present—Mayor Jeffrey J. Mutter; Outreach Coordinator Sarah King; Town Solicitor Kelley Morris Salvatore; Deputy Town Clerk Jane H. Christopher
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
President Kinch welcomed members of Troop 1/Manville who were in attendance. He also congratulated Marquette student Tyler Kolek for winning the Big East basketball title.
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Town Council Meeting of February 15, 2023, and the Special Town Council Meeting of February 23, 2023.
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
1. Totten Foods, LLC, d/b/a Big Dog Eats
2. Bird’s Nest d/b/a Birds Nest
3. Antonio Miranda, d/b/a La Guaguita Del Sabor
4. Palagis Ice Cream d/b/a Palagis Ice Cream
5. Kristi Dukoff d/b/a Kristi’s Kraftails
6. Palagis Brothers Ice Cream, d/b/a Palagis Ice Cream
7. Lotus Pepper LLC d/b/a Lotus Pepper
C. COMMUNICATIONS
1. C-23-07 – Resolution from the Town of Lincoln in support of housing development & land use
2. C-23-08 – Resolutions from the Town of Charlestown supporting House Bill 2023- H 5174 relating to Waters and Navigation Coastal Resources Management Council; and requesting the RI General Assembly fully fund the Transportation Categorical Funds
3. C-23-09 – Resolution from the Town of Warren to the RI General Assembly in support of 2023 H 5309
4. C-23-10 – Resolution from the Town of Hopkinton in support of Housing Development & Land Use
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
PUBLIC COMMENTS
Cumberland State Representative Brandon Voas reported to the Council that House Bill H5288, designed to allow the Town to establish stabilized taxes for real and personal property meeting specific guidelines, has passed through the House committee on February 28, 2023 and will hopefully pass the Senate.
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
President Kinch disclosed a vote from Thursday, February 23, 2023: On a motion by Councilor Shaw, seconded by Councilor Magill, it was voted to approve an expenditure of $12,000.00 for an investigation relating to the proceedings regarding allegations of misconduct, either civil or criminal; by a roll call vote that passed 5-0.
Councilors Metivier and Schmitt were absent.
B. Presentation by the Historic Metcalf-Franklin Farm Preservation Association –
Association President Rob Mudge and treasurer Carri Almon gave their annual State of the Farm address, presenting a video presentation and speaking to highlights of the farm.
LICENSES
A. VICTUALLING HOUSE LICENSE
1. A transfer application of Cumberland House of Pizza’s First Class Victualling House License from Cumberland House of Pizza to Cumberland House of Pizza LLC
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
B. 2023-2024 LICENSE RENEWAL All licenses renewals are issued pending payment of outstanding taxes, fire department approval and certificate of good standing, when applicable.
ENTERTAINMENT LICENSE:
Amaya Primo, Inc., d/b/a La Familia – 1666 Diamond Hill Road
American Legion, d/b/a Cumberland Post #14 – 695 Broad Street
Angelos’s Pizza Inc., d/b/a Angelo’s Palace Pizza & Venue – 131-133 Mendon Road
Blackstone Herbs and Coffee Shop, d/b/a Apothica Inc. – 3 Dexter Street
Blackstone River Theatre d/b/a Blackstone River – 549 Broad Street
Broad Street Sports Lounge, d/b/a Broad Street Sports Lounge – 433 Broad Street
Club Juventude Lusitana, Inc. – 10 Chase Street
Cumberland A.C. d/b/a Cumberland Athletic Club – 30 Hamilton Street
Davenport’s Family Restaurant Inc. d/b/a Davenport’s Family Restaurant-1070 Mendon Road
DJP Marques Churrasqueira – 100 Mill Street
Fatima Holy Name Society, d/b/a Fatima Holy Name Society – 1 Fatima Drive
Filibuster Club – 23 High Street
Friendly Sons of St. Patrick – 127 Broad Street
Franks Incorporated d/b/a Bandidos Mexican Restaurant – 88 Broad Street
Hoii LLC, d/b/a Azalea Asian Cuisine & Sushi Bar, 1764 Mendon Road, Suite 1oad, Suite 11
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
SPG GROUP LLC d/b/a Koury’s Tavern – 80 Manville Hill Road
Phantom Farms ii, LLC d/b/a Phantom Farms – 2922 Diamond Hill Road
Seven Cray Street Realty, Corp d/b/a Seven Cray Street – 7 Cray Street
St Joseph’s Church, Ashton, RI d/b/a Parish Hall – 1303 Mendon Road
MOTION BY BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
FIREARMS:
Front Sight LLC – 53 Millers Brook Drive
J. & A. Sales – 400 West Wrentham Road
Rui Felix d/b/a Tactical Concepts – 15 Amanda Drive
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
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
New England Novelty, 36 School Street, South Easton, MA
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
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
Bestway 302 Inc, d/b/a Bestway – 302 Broad
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
Diana Velez Beauty Salon Inc. – 8-10 Chamber Street
Dollar Tree Stores, Inc. d/b/a Dollar Tree – 70 Mendon Road
Dollar Tree Stores, Inc. d/b/a Dollar Tree – 3751 Mendon Road
Express Northeast RI LLC, d/b/a T-Mobile – 1800 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 – 2922 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
Stop and Shop Supermarket Co., LLC, d/b/a Stop and Shop 70 Mendon Road -
SROA 95 Industrial RI LLC d/b/a Storage Rentals of America – 95 Industrial Road –
U-Haul Company of RI d/b/a Cumberland Moving & Storage – 135 Mendon Road
Valley Floor Covering – 144 Broad Street
Vape Pro Inc., 132 Mendon Road, Unit 3
Under the Willow Bakery Inc. – 3383 Mendon Rd –
Vikar Vahora Inc., d/b/a Bestway Gulf – 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 SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0
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
RI Kids Consignment, LLC, d/b/a RI Kids Consignment – 30 Meeting Street, Unit 5
3 B Thrift Shop, LLC d/b/a 3 B Thrift Shop – 130 Broad St
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
KENNEL LICENSE:
Boday, Michael & Barbara – 333 Nate Whipple Highway
Lisa Ritchie, d/b/a Pinebrook Farms – 21 Deerbrook Way
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
PRIVATE DETECTIVE:
Adam Axelband
Bethany Arnold
Brandon Lowe
Brian Landry
Christopher Fitzpatrick
Dean K. Volante
Dennis Malloy
Derrick Levasseur
Domenic Bruzzi
Earl Page
Henry Joseph Williamson
Michael V. Orchard
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING
The Ordinance Sub Committee had not heard any of these ordinances
1. #22-21 – An ordinance establishing and implementing a program of tax stabilization for the redevelopment of the Ann & Hope Mill, located at 100 Ann & Hope Way, and improvements thereupon, and the operation and maintenance of residential, commercial, retail or office users thereupon (tabled last from December 21, 2022)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 5, 2023. VOTE 6/0.
2. #22-33 – An ordinance amending the Employee Handbook (Presented by the Council President on behalf of the Administration) (tabled from February 1, 2023)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 5, 2023. VOTE 6/0.
3. #23-02 – 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 10, Lot 220.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS BEAULIEU & MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 5, 2023. VOTE 6/0.
4. #23-03 – An ordinance amending Article IX of the town’s Code of Ordinances pertaining to Mobile Food Trucks operating within the Town of Cumberland.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 5, 2023. VOTE 6/0.
5. #23-04 – An ordinance relating to Peddling and Door-To-Door Solicitation.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 5, 2023. VOTE 6/0.
6. #23-06 – An ordinance Authorizing the Placement of Stop Signs on Eddy Street in both directions at the intersection of Davis Street. (Presented by Councilor Metivier)
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO APRIL 5, 2023. VOTE 6/0.
B. RESOLUTIONS
1. R-23-14 – A resolution establishing a Charter Review Commission (continued from February 15, 2023)
The Council discussed the timing of appointments to the Commission.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS VOTED TO CORRECT LINE 33 TO READ “COUNCIL’S MEETING ON APRIL 19, 2023.”. VOTE 5/1.
Nay: Councilor Beaulieu
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE R-23-14A AS AMENDED. VOTE 5/1.
Nay: Councilor Beaulieu
NEW BUSINESS
A. RESOLUTIONS
1. R-23-16 – A resolution authorizing and empowering the Town of Cumberland to amend its allocation of funds to an amount not to exceed five hundred fifty-eight thousand, three hundred thirty-two dollars ($558,332.00) to the Small Business Grant Program in order to fully fund all compliant applications.
Mayor Mutter outlined the details of the extra funds.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
B. APPOINTMENTS
JUVENILE HEARING
Replacing and completing Michael Costa’s term to expire December 31, 2023
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
PARKS & RECREATION COMMISSION
1. Mackenzie Malloy, replacing Alan Neville; term to expire December 31, 2024
Ms. Malloy was present and introduced herself to the Council.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS MAGILL & METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
C. ORDINANCES FOR PRESENTATION & PERMISSION TO ADVERTISE
1. #23-07 – An ordinance authorizing the placement of stop signs on Ike, Dwight, Eisenhower, and Dulles Streets at their north and south intersections with New Clark Road.
Referred to the Ordinance Sub Committee.
PUBLIC COMMENTS
There were none.
ADJOURNMENT
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:26PM. VOTE 6/0
______________________________
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.