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| James T. Higgins, At Large | |
| Council President | |
| Manuel N. DaCosta District 1 | Scott R. Schmitt, District 4 |
| Council Member | Council Member |
| E Craig Dwyer, District 2 | William S. Murray, District 5 |
| Council President, Pro-Tem | Council Member |
| Jeffrey T. Kearns, District 3 | Arthur Lambi, Jr., At-Large |
| Council Member | Council Member |
MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, NOVEMBER 5, 2014 AT 7:30 P.M.
CUMBERLAND TOWN HALL-EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND
OPEN SESSION
The regular meeting was called to order at 7:41 p.m. by President Higgins.
MEMBERS PRESENT:
President Higgins, Councilors DaCosta, Dwyer, Murray, Kearns, Lambi, and Schmitt
Also present—Mayor Daniel J. McKee, Town Solicitor Thomas E. Hefner, and Town Clerk Sandra Giovanelli
GENERAL ANNOUNCEMENTS
Recognizing Derrick Levasseur as the winner of Big Brother 16
President Higgins presented Mr. Levasseur with a Citation from the Town. Mr. Lavasseur explained how Big Brother was run; he then thanked the Council for their recognition.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Town Council Meeting of October 15, 2014
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
LICENSES
A. 2014-2015 LICENSE RENEWALS:
FIRST CLASS VICTUALLING HOUSE LICENSE:
1. ALBERT A. SHAKAN, d/b/a/ Cumberland Hillside Café, 75 Manville Hill Road
2. ANDREW’S BISTRO DESTINO, d/b/a Andrew’s Bistro, 3755 Mendon Road
3. ANGELO’S PIZZA, INC., d/b/a Angelo’s Pizza, 133 Mendon Road
4. ASAHI ASIAN RESTAURANT, d/b/a Asahi, 356 Mendon Road
5. CHURRASCARIA MARQUES, LLC, d/b/a Churrascaria Marques, 88 Broad Street
6. CLUB JUVENTUDE LUSITANA, INC, 10 Chase Street
7. CUATRO AMIGO, INC., d/b/a Casa Vallarta, 2000 Mendon Road Suite 10.
8. CUMBERLAND A.C., d/b/a Cumberland Athletic Club, 30 Hamilton Street
9. CUMBERLAND HOUSE OF PIZZA, d/b/a Cumberland House of Pizza, 2360 Mendon Road
10. CUMBERLAND POST #14, 695 Broad Street
11. CURBSIDE, INC., 17 Dexter Street
12. DAVENPORT’S FAMILY RESTAURANT, d/b/a Davenport’s Family Restaurant, 1070 Mendon Road
13. FATIMA HOLY NAME SOCIETY, 1 Fatima Drive
14. FILIBUSTER CLUB, 23 High Street
15. FORE COURT RACQUET & FITNESS CLUB, INC., 44 Cray Street
16. FORTUNE HOUSE INC., d/b/a Fortune House Restaurant, 1800 Mendon Road, Suite F
17. FRIAR TUCK’S, INC., d/b/a Tuck’s Food & Spirits, 2352 Mendon Road
18. FRIENDLY SONS OF ST. PATRICK, 135 Broad Street
19. GOOD TIMES PUB RESTAURANT, INC., 1666 Diamond Hill Road
20. INNOVATIVE FOOD, LLC, d/b/a Flavours, 1764 Mendon Road
21. J.GRAY’S FAMILY TAVERN, 405 Mendon Road
22. JACKY’S GALAXIE RESTAURANT, INC., d/b/a Jacky’s Galaxie Restaurant , 1764 Mendon Rd
23. JERRY’S FRIENDLY TAP LLC., d/b/a Jerry’s Friendly Tap And Grill, 1225 Mendon Road
24. MC T’s TAVERN, INC.,, d/b/a MC T’s Tavern, 940 Mendon Road
25. MICKEY’S VALLEY VIEW PUB INC., 46 Carpenter Street
26. MUTT & JEFF, LLC, d/b/a Broad Street Tap, 433 Broad Street
27. O R VENTURES, INC., d/b/a Valley Cafe, Inc., 3 Dexter Street
28. PAMFILIO, INC. d/b/a Pamfilio’s Deli, 1800 Mendon Road
29. PERIQUITO HOLDINDS, LLC, d/b/a Modern Bistro, 4077 Mendon Rd
30. RESTAURANTE SERRA DA ESTRELA, d/b/a Serra Da Estrela Restaurant, 168 Broad Street
31. SEVEN CRAY STREET REALTY, d/b/a Seven Cray Street, 7 Cray Street
32. SLAM, INC., d/b/a Third Base, 422 High Street
33. STEVIE D’S BAR & GRILL, LLC, Stevie D’s Bar & Grill, 80 Manville Hill Rd
34. ST. JOSEPH’S CHURCH, d/b/a St. Joseph’s Parish Center Club, 1303 Mendon Road
35. ST. THOMAS BUILDING ASSOCIATION, d/b/a Knight of Columbus, 22 Broad Street
36. THE BEER MUG, INC., d/b/a The Beer Mug, 960 Mendon Road
37. VALLEY PARK PUB, LTD., d/b/a Valley Park Pub, 17 Mill Street
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
SECOND CLASS VICTUALLING HOUSE LICENSES
1. AJNS, LLC., d/b/a Mill Street Breakfast and Pizza, 96 Mill Street
2. BLACKSTONE RIVER THEATRE, d/b/a Blackstone River Theatre, 549 Broad Street
3. BLP, INC., d/b/a Subway, 2130 Mendon Road
4. CACKLEBERRIES FAMILY RESTAURANT, 802 High Street (transfer pending from High Street Diner)
5. COMPASS GROUP/EUREST DINING (CVS Cafeteria), 100 Scenic View Drive
6. COMPASS GROUP/EUREST DINING (CVS Cafeteria), 100 Scenic View Drive
7. COMPASS GROUP/EUREST DINING (CVS Cafeteria), 2100 Highland Corp Drive.
8. COMPASS GROUP/ EUREST DINING (CVS Cafeteria), 1700 Highland Corp Drive
9. EGGS UP FAMILY RESTAURANT INC. d/b/a Eggs Up, 2378 Mendon Road
10. GB DONUTS OF RHODE ISLAND INC., d/b/a Honey Dew Donuts, 2084 Diamond Hill Road
11. GOLDEN ARCH ENTERPRISES, LLC ,d/b/a McDonald’s Of Cumberland, 100 Mendon Road
12. GOLDEN ARCH ENTERPRISES, LLC ,d/b/a McDonald’s of Cumberland, 1754 Mendon Road
13. GREAT TASTE CHINESE RESTAURANT, 3404 Mendon Road
14. HAKOBYAN, INC., d/b/a Ani’s Pizza & Seafood, 1182 High Street
15. HOT SPOT, LLC, d/b/a Dunkin Donuts, 3781 Mendon Road
16. J’S DELI, d/b/a J’s Deli, 2364 Diamond Hill Road
17. JAN CO. CENTRAL INC., d/b/a Burger King #4718, 1715 Mendon Road
18. JOHNSTON DONUTS, INC. # 20, d/b/a Dunkin Donuts, 20 Ann & Hope Way
19. JOHNSTON DONUTS, INC. #2069, d/b/a Dunkin Donuts, 2069 Diamond Hill Road
20. POPPY’S FAMILY RESTAURANT INC., d/b/a Poppy’s Family Restaurant, 3344 Mendon Road
21. PROVIDENCE ZEN CENTER, d/b/a Providence Zen Center, 99 Pound Road
22. RONDEAU ENTERPRISES INC., d/b/a Everybody’s Favorite, 1370 Mendon Road
23. SHER LE MON SWIM CLUB, d/b/a Sher Ler Mon Swim Club, 2701 Mendon Road
24. S.P. DONUTS INC. d/b/a Honey Dew Donuts, 2130 Mendon Road
25. SUPREME PIZZA LLC, d/b/a Supreme Pizza, 3454 Mendon Road
26. THE COFFEE CONNECTION INC., d/b/a The Coffee Connection, 2364 Mendon Road
27. SAKI’S ENTERPRISES, LLC d/b/a Saki’s Pizzeria - 2339 Diamond Hill Rd
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
THIRD CLASS VICTUALLING HOUSE LICENSES
1. AJ SEABRA SUPERMARKET, 2000 Mendon Road
2. ALL STAR PIZZA, 417 Broad Street
3. BREAD UNLIMITED LLC d/b/a Crugnale’s Bakery, 1764 Mendon Road
4. DA SILVA DESSERTS, INC., d/b/a Zaccagnini’s Pastry, 3460 Mendon Road
5. G & P DONUTS INC. d/b/a Honey Dew Donuts, 3450 Mendon Road
6. GOLDEN PALACE CHINESE RESTAURANT, 1165 High Street
7. JMP PROMOTIONS, LLC, d/b/a Big Flea, 1 Ann & Hope Way
8. JOHNSTON DONUTS, INC. #1700 d/b/a Dunkin Donuts, 1700 Mendon Road
9. JOSIE’S ICE CREAM, 797 High Street
10. K & A ELMASRI CORP., d/b/a Ronzio Pizza, 1700 Mendon Road
11. M R BAKING INC., d/b/a Colonial Bakery, Inc., 185 Broad Street
12. MICHAEL’S MEATS, INC, 2130 Mendon Road
13. NOURIA ENERGY RETAIL INC., d/b/a Cumberland Shell, 4120 Mendon Road
14. PIZZA MAN OF CUMBERLAND, 87 Broad Street
15. THE STOP & SHOP SUPERMARKET, d/b/a Super Stop & Shop, 70 Mendon Road
16. TRIAD PIZZA, INC., d/b/a Domino’s Pizza, 250 Mendon Road
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
FOURTH CLASS VICTUALLING HOUSE LICENSES
1. 732 HIGH STREET MARKET, INC., d/b/a/ High Street Market, 732 High Street
2. COLBEA ENTERPRISES, LLC, 2095 Diamond Hill Road
3. CUMBERLAND FARMS INC #1275 d/b/a Cumberland Farms, 3440 Mendon Road
4. CVS PHARMACY INC d/b/a CVS Store #37, 1998 Mendon Road
5. CVS PHARMACY INC d/b/a CVS Store #728, 315 Broad Street
6. CVS PHARMACY INC d/b/a CVS Store #2506, 2125 Diamond Hill Road
7. DIAMOND HILL GENERAL, LP d/b/a Diamond Hill General , 3782 Diamond Hill Road
8. DAVE’S MARKETPLACE, 2077 Diamond Hill Road
9. DIENE GROUP LLC, d/b/a Domino’s Pizza, 3400 Mendon Road
10. DOLLAR TREE #5459 d/b/a Dollar Tree Stores Inc., 3751 Mendon Rd
11. DYANE’S SWEET TOOTH, INC., d/b/a Dyane’s Sweet Tooth , 186 Mendon Road
12. F & Z LLC, d/b/a Gulf Express, 3 Pine Swamp Road
13. IQBAL & SONS INC, d/b/a Cumberland Sunoco, 2093 Diamond Hill Road
14. ISHA, LLC, d/b/a Bestway Food Store, 302 Broad Street
15. KAHN & SONS INC., d/b/a The Cumberland Spot, 1152 Mendon Road
16. KD DONUTS INC., d/b/a Dunkin Donuts, 4120 Mendon Road
17. KIM AND GARY’S ICE CREAM MACHINE, 4288 Diamond Hill Road
18. MAXI DRUG SOUTH LP d/b/a Rite Aid #10231, 2136 Mendon Road
19. MENDON ROAD LEASING d/b/a Gulf Express, 1754 Mendon Road
20. ONE ENERGY AT MENDON INC 3492 Mendon Rd
21. S N K, INC. d/b/a Cumberland Convenience, 427 High Street
22. SASSY MAMA LLC., d/b/a Sassy Mama’s Cuisine, 500 Mendon Road, Suite 1B
23. SHREEGA INC d/b/a Bestway, 1178 High Street
24. TONY’S CUMBERLAND MARKET INC., d/b/a Tony’s Cumberland Market, 290 Broad Street
25. UNIVERSAL INVESTMENT INC d/b/a Del’s Lemonade, 170 Mendon Road
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
FIFTH CLASS VICTUALLING HOUSE LICENSES
1. PHANTOM FARMS LLC d/b/a Phantom Farms, 2920 Diamond Hill Road
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
EXTENDED HOURS LICENSE (Between 2:00 a.m. and 6:00 a.m.)
1. CUMBERLAND FARMS STORE #1275, 3440 Mendon Road
2. KD DONUTS INC d/b/a Dunkin Donuts, 4120 Mendon Road
3. GB DONUTS OF RHODE ISLAND INC d/b/a Honey Dew Donuts, 2084 Diamond Hill Road
4. HOT SPOT, LLC d/b/a Dunkin Donuts, 3781 Mendon Road
5. JOHNSTON DONUTS, INC. #20, d/b/a Dunkin Donuts, 20 Ann & Hope Way
6. JOHNSTON DONUTS, INC. #1700, d/b/a Dunkin Donuts, 1700 Mendon Road
7. JOHNSTON DONUTS, INC. #2069, d/b/a Dunkin Donuts, 2069 Diamond Hill Road
8. MENDON ROAD GULF INC., d/b/a Gulf Express, 1754 Mendon Road
9. NOURIA ENERGY RETAIL INC., d/b/a Cumberland Shell – 4120 Mendon Road
10. THE STOP & SHOP SUPERMARKET, d/b/a Super Stop & Shop, 70 Mendon Road
11. S.P. DONUTS, INC., d/b/a Honey Dew Donuts, 2130 Mendon Road
President Higgins asked the Town Clerk how many of these actually operate under extended hours.
The Town Clerk responded that she believes most of them, with the exception of Stop & Shop.
MOTION BY COUNCILOR KEARNS, SECONDED BY COUNCILOR DACOSTA AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
B. VICTUALLING HOUSE LICENSES:
1. An application for a transfer of a Second Class Victualling House License from AJNS, LLC d/b/a Mill Street Breakfast & Pizza to Vasilios Marra of MARA International, Inc. d/b/a Zesty’s Mediterranean Grill located at 100 Mill Street
Public hearing was opened at 7:47 p.m.
Vasilios Marra, of 9 Whitman Drive, Sandwich, Massachusetts, owner of Zesty’s Mediterranean Grill, informed that he has been a chef for 32 years; they plan to be open from 10:00 a.m. to either 9:00 or 10:00 p.m. They intend to use the drive-through window that is already in the building. There will be both sit-down and take out at the restaurant. It is fast, casual food—chicken, beef, pork, lamb, and salads, etc. It will be Greek style food.
President Higgins suggested that Mr. Marra check that the use of this name is allowed as there is a chain of restaurants that use the name “Mediterranean Grill.”
Mr. Marra informed that he has already registered the name with the State.
President Higgins noted that there are still some items pending—Department of Health approval and the Permit to Make Sales at Retail.
Mr. Marra responded that he has applied for these, but has not yet received them.
There was no one else wishing to speak in favor of or against this license.
Public hearing was closed at 7:50 p.m.
MOTION BY COUNCILOR DACOSTA, SECONDED BY COUNCILOR KEARNS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. An application for a transfer of a Third Class Victualling House License from Albano Seabra of AJ Seabra Supermarket IX to Antonio Seabra of Seabra Foods III, Inc. d/b/a Seabra Supermarkets
Public hearing was opened at 7:51 p.m.
There was no one wishing to speak in favor of or against this license.
Public hearing was closed at 7:52 p.m.
President Higgins noted that this approval would be pending receipt of Department of Health approval and the Permit to Make Sales at Retail.
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR KEARNS AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING:
1. #14-24 - An ordinance in amendment of the Code of Ordinances of the Town of Cumberland, Rhode Island, as amended, amending Appendix B entitled “Zoning” with reference to Articles 4-4, 6-2, 6-16 (as newly added), 14-3 thereof
President Higgins noted that there is no Planning Board recommendation as the Director has not yet had an opportunity to prepare it in light of the fact that the hearing was held late last week. She has therefore requested that this matter be tabled to the December 17th meeting.
MOTION BY COUNCILOR LAMBI, SECONDED BY COUNCILOR KEARNS AND IT IS UNANIMOUSLY VOTED TO TABLE THIS MATTER TO THE DECEMBER 17TH MEETING. VOTE 7/0.
NEW BUSINESS
A. CLAIM:
Referred to Solicitor’s Office.
Referred to Finance Sub-committee.
Referred to Finance Sub-committee.
1. R-14-57 – Authorizing Mayor Daniel J. McKee and the Cumberland Rescue Service to purchase (1) 2015 Ford Interceptor AWD Utility and equipment from MHQ in the amount not to exceed $34,480.00
Mayor McKee asked that this matter be tabled as there is another vehicle that will be put on for purchase together.
MOTION BY COUNCILOR DWYER, SECONDED BY COUNCILOR MURRAY AND IT IS UNANIMOUSLY VOTED TO TABLE THIS MATTER TO THE NOVEMBER 19TH MEETING. VOTE 7/0.
PUBLIC COMMENTS
Kerri Giorgio, of 32 Chestnut Street, Cumberland, wanted to thank President Higgins for his dedication to the Town, its students, and the taxpayers. She stated that it was a pleasure for her to be able to serve on the School Committee with him as well as on the Council, and that it will be a loss for the Town when he leaves tonight. She wanted him to know that his service to the Town was valued.
Mayor McKee noted that four individuals will be leaving the Council tonight, he wanted to publicly thank them for their service—Councilors Kearns, Higgins, DaCosta, and Murray. He echoed Ms. Giorgio’s comment that a great deal has been done, and much of it had to do with President Higgin’s leadership.
Councilor Murray also echoed those sentiments, and stated that as Mayor-elect he felt it a big loss to lose these Councilors. He noted that President Higgins had brought a lot to the table with his legal expertise, and hadhelped them understand many things. He stated that all the Councilors worked hard for their own districts, and it was a pleasure for him to be part of that.
Councilor Dwyer stated that it has been an honor and a pleasure to work with these Councilors, and he thanked them for their work.
Councilor Lambi stated that he believed that the community got something better these past two years, and that President Higgins deserved a lot of the credit for that. He has a greater appreciation for the job that President Higgins has done for the past ten years with the Council and the School Committee. He stated that President Higgins’ dedication to the Town will not be forgotten, and he wanted to say the same to Councilor DaCosta—he has been a man of honor, and a blessing to know and work with. He felt the same about Councilor Kearns.
Councilor DaCosta echoed all the comments; he began not really knowing much, but President Higgins was always there to guide him. Even though they made not have agreed on everything, that is the democratic process and the commitment they made to their constituents to speak for them regarding their concerns and to defend their right to come to the Council and express either their pleasure or disappointment with government. He stated that it has been a pleasure and a privilege to serve as Councilor for District 1, and he wished all the newly elected officials the best of luck.
Councilor Kearns stated that it has been a pleasure to serve the residents of Cumberland, and gave special thanks to President Higgins for his leadership; he also thanked Mayor McKee for his support for his projects. He wished everyone luck as they moved forward.
Councilor Schmitt wanted to say goodbye and thank you to all of the Councilors; he knew how hard they have all worked. He thanked President Higgins for his leadership, and stated that he looked forward to working with Mayor-elect Murray.
President Higgins stated that these two years have been somewhat difficult because of some of the issues they have had to deal with, but he was very proud of what the Council has achieved in those two years. There were four or five issues to be addressed, including the fire merger, pension and OPEB, and the police contract, and they were able to them done as a group despite the fact that this is a 4-3 Council in terms of party. It was a first for him, and a first for Cumberland in a long time, but he thought overall it worked out OK. He thanked the Councilors for their work on the Council, and wished Mayor-elect Murray luck. He stated that it has been a pleasure to serve the people of Cumberland for 17 years. A lot was achieved during the years, and he was going to miss the Councilors, the Mayor, and working for the Town.
ADJOURNMENT
MOTION BY COUNCILOR DACOSTA, SECONDED BY COUNCILOR KEARNS AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:06 P.M. VOTE 7/0.
________________________________________
Sandra M. Giovanelli, Town Clerk
THE DVD AND MINUTES OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY AND ON THE TOWN’S WEBSITE www.cumberlandri.org.