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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 6, 2024, at 7:30 P.M.
CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND, RHODE ISLAND

The regular meeting was called to order at 7:38pm with a roll call of members.
MEMBERS PRESENT:
In person: President Kinch, Councilors Bradley, Shaw, Magill, Metivier, Schmitt and Beaulieu.
Also present—Mayor Jeffrey J. Mutter; Outreach Coordinator Sarah F. King; Town Solicitor Kelley Morris
Salvatore; Deputy Town Clerk Jane H. Christopher; DPW Director Joe Duarte
President Kinch announced that he would move the discussion on Rawson Pond, R-24-22 up to be heard first.
RESOLUTIONS
1. R-24-22 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to engage the services of J.H. Lynch & Sons Inc. for the construction of an emergency temporary spillway at the Rawson Pond Dam in an amount not to exceed two hundred and eighty-nine thousand five hundred and forty-three dollars ($289,543) (tabled from February 21, 2024) 
DPW Director Joe Duarte referenced the concern voiced in the previous meeting about what DEM’s requirements would be if the water was re-impounded: that if things fell apart and we couldn’t continue, could we remove the dam, would there be significant wetland requirements?
Mr. Duarte had met with DEM; they outlined the requirements to go forward with this temporary dam. As long as we are not expanding the water height and flow, there could be an expedited wetlands permit issued through Dam Safety Regulations. The temporary dam must be built in 2024 and has to be removed in two years after the initial permit approval if there is no further action by the town. In those two years the town could get extended time if we go forward with an application for permanent dam reconstruction. The Army Corps of Engineers will have involvement with this project under the new regulations for the Dam Safety Program.
It is preferable to have this temporary dam upstream so that at a future date, if we do go forward with a permanent dam, this temporary dam would act as a cofferdam to trap the water and allow the new construction to occur in the resulting dry area.
Alan Orsi from Pare Engineering was available to answer questions as necessary.
Councilor Schmitt asked if the two-year limit on the dam was after construction or from the time of the permit issuance?
Mayor Mutter stated the clock would start ticking after the construction.
Mr. Duarte reported that including the time for the permitting process, construction could occur the end of May through June.
President Kinch opened up the floor to members of the public.
1. Jeanne O’Connor-Jackson, 67 Newell Drive, thanked the Council for their consideration in this matter, and presented the Council with a petition of 400 signatures in support of reconstruction.
2. Nick Dinardo, 59 Newell Drive, spoke in support. He commented that right now this is an issue in District 4, but in the future there will be needs in neighboring districts that will need brothers and sisters in other districts to make decisions about the greater good; we should all think of how we thrive together rather than what’s best for just us.
3. Jennifer King, 47 Newell Drive, thanked the Council for their support of the engineering design resolution at the last meeting and spoke in favor of the dam repair. Restoring the water is the right thing to do.
4. Chris Cipolla, 61 Tingley Drive, grew up in the area and also spoke in support of replacing the dam.
President Kinch sked Mr. Duarte if he could answer any questions that were sent in a letter to the Council by resident Randy Tuomisto, 411 Reservoir Road.
Mr. Duarte responded to the questions relating to the agreement with Pare Engineering.
The solicitor commented that other aspects of Mr. Tuomisto’s letter had been addressed in executive session.
Councilor Beaulieu asked the Mayor about public access to Rawson Pond. The Mayor responded that after investigation the best option to give pond access without disturbing the residents around the pond would be through Franklin Farms, by foot traffic.
Councilor Schmitt stated simply, “In 2017 we bought a pond with a dam. We failed to maintain the dam and the dam failed. I think we have an obligation to make it right, and I move for passage of this resolution”.
Councilor Beaulieu spoke in support of repairing the dam, stating that the local governments can make a tremendous difference in a town, and referenced the dramatic improvements to the school system that have be made through such governing as an example.
Councilor Bradley discussed the funding source with Mayor Mutter.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 4/2.
Nay: Councilors Bradley and Magill
Recused: Councilor Metivier
The Council took a brief recess at 8:16 and were back in session at 8:29pm

· Acceptance of Minutes of the Regular Meeting of February 21, 2024, and the Special Meeting of February 26, 2024
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
2. Bird’s Nest
C. COMMUNICATIONS
1. C-24-07 – A resolution from the Town of Middletown increasing the allowance for reimbursement for new library construction.
2. C-24-08 – A resolution from the Town of Middletown in support of fully funding state aid to libraries to the full twenty-five (25) percent.
3. C-24-09 – A resolution from the Town of Burrillville supporting House Bill 2024 - H 7462 relating to amendments to the Energy Facility Siting Act.
4. C-24-10 – A resolution from the Town of Hopkinton in opposition to H 7062 related to “Accessory Dwelling Units”
5. C-24-11 – A resolution from the Town of Narragansett in opposition of House Bill 7382 that redefines “household” in the state enabling legislation
6. C-24-12 – A resolution from the Town of Narragansett opposing House Bill 7324 and requesting the Rhode Island General Assembly sustain local authority to regulate land use.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.

Paul --, 624 Broad Street, commented that he would appreciate the Council’s support with the state bill #7062 regarding accessory dwelling units.
Phoenix --, 624 Broad Street, also spoke in support of house bills #7382 and #7324 as well as #7062 regarding housing.
Solicitor Morris-Salvatore responded that the Council has enacted legislation that supports Accessory Dwelling Units to an extent even greater than the state law requires.

A. Report of Executive Session vote(s), as may be necessary
There were none.
B. Discussion of Public School Renovations Committee 
Mayor Mutter reported that he had polled the existing committee that had been created when the $79,000,000 bond for school renovations was voted in, to see if they would wish to continue and work on the BF Norton renovations. Only one did not wish to continue and that one member had been the Mayor’s appointment, and he would be responsible for finding another. Did the Council wish to keep the existing committee or appoint a new one for the BF Norton repairs?
He asked the Council for their decision within the next 30 days.

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

1. A transfer application for a First-Class Victualling House from Jerry’s Friendly Tap, LLC d/b/a Jerry’s Friendly Tap, to The Friendly Greene, LLC d/b/a The Tap located at 1225 Mendon Road
Pending Certificate of Good Standing and Retail Sales permit.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.

1. An application for an entertainment license from Ocean State Brewing Company d/b/a Phantom Farms Brewing, located at 30 Martin Street
Everything was in order for this license.
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.

ENTERTAINMENT LICENSE:
Amaya Primos Inc, d/b/a/ LaFamilia Restaurant, 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
Davenport’s Family Restaurant Inc. d/b/a Davenport’s Family Restaurant,1070 Mendon Road
Fatima Holy Name Society, d/b/a Fatima Holy Name Society, 1 Fatima Drive
Filibuster Club, 23 High Street
Friendly Greene LLC d/b/a The Tap,1225 Mendon Road
Friendly Sons of St. Patrick, 127 Broad Street
Franks Incorporated, d/b/a Bandidos Mexican Restaurant, 88 Broad Street
J.K. and Son LLC, d/b/a The End Zone Sports Pub, 958 Mendon Road
Jose Almeida d/b/a Valley Park Pub, 17 Mill Street
Kidozland, LLC d/b/a Kidozland, 1726 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
Ocean State Brewing Co. d/b/a/ Phantom Farms Brewing, 30 Martin Street
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
SPG Group d/b/a Koury’s Tavern, 80 Manville Road
St. Joseph’s Church, Ashton, RI d/b/a Parish Hall, 1303 Mendon Road
Trilogy Bar & Grill Corp. d/b/a/ Trilogy Bar & Grill, 422 High Street
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
FIREARMS:
J. & A. Sales, 400 West Wrentham Road
Rui Felix d/b/a Tactical Concepts, 15 Amanda Drive
Bradley Victor Beaudoin d/b/a 401 Armory, 35 Vivian Ave
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR BEAULIEU, 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 Road
John Delpivo d/b/a Pivo’s Landscaping, 2077 Diamond Hill Rd
MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
HOLIDAY LICENSE:
1 Stop Deli & Grocery, 14 Bound Road
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 Road Suite 201
Bestway 302 Inc., d/b/a Bestway, 302 Broad Street
Blackstone Quilting Co. d/b/a Blackstone Quilting Co., 3751 Mendon Road
Broad Street Food and Fuel Inc. d/b/a/ Mendon Express, 290 Broad Street
C & M Beauty Spa LLC d/b/a C&M Beauty Spa,180 Broad Street
Chapel Pharmacy Inc., d/b/a Chapel Pharmacy, 2081 Diamond Hill Road
Colbea Enterprises d/b/a Seasons Corner Market, 2095 Diamond Hill Road
Cumberland Convenience, 427 High Street
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 Fresh Marketplace of Cumberland Inc., d/b/a Dave’s Marketplace, 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 & Z LLC d/b/a Gulf Express, 3 Pine Swamp Road
Heroux Retail Group LLC d/b/a With Heart & Soul, 3751 Mendon Road
Kidozland LLC, d/b/a Kidozland,1726 Mendon Rd
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 Road
Latin Touch Barbershop II, 230 Broad Street
Mamm Liquors Inc. d/b/a Cumberland Wine & Spirit, 275 Broad Street
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 Farms II 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
Rosario Grace Inc d/b/a Supercuts, 1800 Mendon Road
RPC d/b/a Rumford Pet Express, 2000 Mendon Road, Suite 5
Sandoval Car Wash Inc., d/b/a Royal Car Wash, 1700 Mendon Road
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
Shivanand Inc. d/b/a Cumberland Hill Liquors, 3450 Mendon Road
Stop and Shop Supermarket Co. LLC d/b/a Stop and Shop, 70 Mendon Road
U-Haul Company of RI d/b/a Cumberland Moving & Storage, 135 Mendon Road
Under the Willow Bakery Inc., d/b/a Under the Willow Bakery, 3383 Mendon Road
Valley Floor Covering, Inc., 144 Broad Street
Vape Pro Inc, 1407 Mendon Road
Vikar Vahora Inc., d/b/a Bestway Gulf, 1178 High Street
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. 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
LKQ Northeast Inc. d/b/a LKQ Advanced Auto Recycling, 290 Curran Road
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS METIVIER & MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
KENNEL LICENSE
Michael & Barbara Boday, 333 Nate Whipple Highway
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PRIVATE DETECTIVE
Bethanie Arnold
Adam Axelband
Domenic Bruzzi
Christopher Fitzpatrick
Brian Landry
Derrick Levasseur
Brandon Lowe
Dennis Malloy
Michael Mastrangelo
David McGrath
Kevin Porter
Michael Orchard
Dean K. Volante
Henry Williamson
It was noted that David McGrath had been a new applicant and approved earlier in the meeting and was listed in the renewals erroneously.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
RESOLUTIONS heard earlier
1. R-24-22 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to engage the services of J.H.
Lynch & Sons Inc. for the construction of an emergency temporary spillway at the Rawson Pond
Dam in an amount not to exceed two hundred and eighty-nine thousand five hundred and forty-
three dollars ($289,543) (tabled from February 21, 2024)
ORDINANCES FOR PUBLIC HEARING
1. #23-24B – An ordinance establishing a Resident Only Parking Program (Presented by President Kinch on behalf of the Administration) (tabled last from February 7, 2024)
President Kinch asked for a motion to accept the B version.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILORS METIVIER & SHAW, AND IT IS UNANIMOUSLY VOTED TO ACCEPT #23-24B IN PLACE OF #23-24A. VOTE 7/0.
Councilor Schmitt reported that the police Chief was in support of this, and it would be up to the police to implement the program. The Ordinance Sub-Committee had voted 3-0 to recommend passage to the Council.
Public hearing opened at 8:42pm
Public hearing closed at 8:45pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE, BY A ROLL CALL. VOTE 7/0.
2. #23-30A – An ordinance authorizing a memorial for Ray Andrews at Garvin Elementary School
(tabled last from February 21, 2024)
Councilor Schmitt had heard this the night before in the Ordinance Sub-Committee. This idea had been brought forward by a citizen who had passed by Mr. Andrews daily.
The Ordinance Sub Committee had voted 3-0 to recommend favorable passage to the Council, subject to the school administration approving the form and substance of that memorial.
Solicitor Morris-Salvatore suggested the Council add a line to the resolution stating that the clerk send the resolution to the school committee.
Public hearing opened at 8:47pm
No one had any comments or questions.
Councilor Schmitt asked where the line of copy should be put within the resolution.
The solicitor said to add a section that “the town clerk is directed to send a copy of this resolution to the School Committee”.
Public hearing closed at 8:48pm
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE WITH AN AMENDMENT TO ADD A SECTION DIRECTING THE TOWN CLERK TO SEND A COPY OF THE RESOLUTION TO THE SCHOOL COMMITTEE, BY A ROLL CALL. VOTE 7/0.
3. #24-02A – An ordinance amending the salary ranges for the Executive Staff and other positions (Presented by the Council President on behalf of the Administration) (tabled from February 21, 2024) 
Councilor Magill reported that the Finance Sub-Committee had reviewed this revised ordinance.
Public hearing opened at 8:49pm
Mayor Mutter outlined the minor changes to the ordinance: the addition of a part time ADA coordinator in the Mayor’s office, and both a job title change and a new part time employee in the Planning Department.
Public hearing closed at 8:53pm
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE 24-02A IN PLACE OF 24-02, BY A ROLL CALL. VOTE 7/0.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO APPROVE, BY A ROLL CALL. VOTE 6/1.
Nay: Councilor Bradley
Referred to the Finance Sub Committee
Referred to the Solicitor’s office
Referred to the Finance Sub Committee
CONSERVATION COMMISSION
1. Joseph Luca, reappointment, term to expire January 31, 2027
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. Paul Cox, replacing George Gettinger’s term to expire January 31, 2026
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCHMITT, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
RESOLUTIONS
1. R-24-23 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a change order agreement with Brighter Horizons Environmental Corp. for the closure of the underground storage tank at the Amaral Building for an amount not to exceed three-thousand two-hundred twenty-two dollars and seventy cents ($3,222.70)
Outreach Coordinator Sarah King stated that this resolution was to cover the extra costs for the excavation of the underground tank. The discovery of some petroleum-impacted soil required additional excavation and soil disposal.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-24-24 – A resolution authorizing Mayor Jeffrey J. Mutter to engage Prescription Turf Services LLC to complete emergency repairs to the Martin Street Baseball Field in an amount not to exceed twenty- one thousand eight hundred and sixty-two dollars and fifty cents ($21,862.50) 
Parks & Recreation Director Mike Crawley spoke about the damage done to the baseball field by the flooding late in 2023 and discussed details of the emergency repairs with the Council.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-24-25 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with Atlantic Golf and Turf for athletic lawn field fertilization for seventeen (17) athletic fields in an amount not to exceed one hundred and twenty-eight thousand five hundred and seventy-four dollars ($128,574)
Mr. Crawley stated that this in fact would be a contract renewal. This company was the only one to bid on the project.
The Council and Mr. Crawley discussed the costs, the products used and the proximity to Pawtucket Water.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.

1. #24-03 – An ordinance relating to the department of Planning and Community Development (Presented by the Council President on behalf of the Administration)
Referred to the Ordinance Sub Committee

Councilor Shaw noted that he had seen the Highway Department adding single, solar powered lights to stop signs in his neighborhood, and hopes they bring better attention by drivers to the stop signs.
President Kinch noted that this is Cumberland’s 390th birthday.

MOTION BY COUNCILORS SHAW & METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:11PM. 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.