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| E Craig Dwyer, District 2 | |
| Council President | |
| Joshua Call-Fregeau, District 1 | Scott R. Schmitt, District 4 |
| Council Member | |
| James E. Scullin, District 3 | Robert G. Shaw, Jr., District 5 |
| Council Member | Council Member |
| Peter J. Bradley, At Large | Arthur Lambi, Jr., At-Large |
| Council President, Pro-Tem | Council Member |
MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL
WEDNESDAY, NOVEMBER 4, 2015 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 7:50 p.m. by President Dwyer
MEMBERS PRESENT:
President Dwyer, Councilors Bradley, Call-Fregeau, Lambi, Schmitt, Scullin, and Shaw
Also present—Mayor William Murray, Assistant Town Solicitor Thomas Hefner, and Town Clerk Sandra Giovanelli
GENERAL ANNOUNCEMENTS
Mayor Murray informed that the Cumberland Girls Field Hockey Team won the Division II Championship. Evan Anderson has put together a Veterans Day celebration on November 11th with the Cumberland Clippers boys’ and girls’ teams for the first annual Cumberland High School Charity Soccer game to support local homeless Rhode Island veterans; the Junior Varsity game will be at 2:45 p.m., and the Varsity game is at 5:00 p.m. Full details are on the Town’s website. Also, Jennifer Conoyer from the Town’s library was chosen to give a special presentation in Portland, Oregon to the Young Adult Library Services Association.
Councilor Lambi announced that the Town will hold its annual services for the Town’s veterans at the Library at 11:00 a.m.
Mayor Murray added that there is a special luncheon at the Senior Center for veterans at 11:30 a.m.; everyone is welcome to join in.
UNANIMOUS CONSENT ITEMS
CONSENT AGENDA
Acceptance of Minutes of the Regular Town Council Meeting of October 21, 2015
MOTION BY COUNCILOR LAMBI, SECONDED BY COUNCILOR SHAW AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
LICENSES
A. VICTUALLING HOUSE LICENSE:
1. An application for a transfer of a First Class Victualling House License from Asahi Asian Restaurant to Thomas Vuong of 356 Mendon Road Corporation d/b/a Royal Panda Restaurant located at 356 Mendon Road (lasted tabled from July 15, 2015)
Public hearing was opened at 7:57 p.m.
Mr. Vuong informed that he planned to open a hibachi restaurant; he may possibly demolish one part of the building and replace it with an area with a hibachi table.
There was no one else wishing to speak either in favor of or against this license.
Public hearing was closed at 8:00 a.m.
Councilor Lambi questioned whether there was a time limitation with regard to how long a license can remain inactive. He was concerned about how long the building had already been dormant.
President Dwyer felt that the Council could have the applicant come in for a hearing if it felt it was taking too long; and because this is a transfer, any time limit will start from the date of transfer.
Solicitor Hefner agreed and explained that liquor licenses are more under the auspices of the State. Additionally, because there is no limit on the number of victualling house licenses, it does not require transfer; he could just apply for a new one when he is ready.
President Dwyer noted that the Town Clerk is still waiting for Health Department and Fire Department approval, Permit to Make Sales at Retail, and payment of outstanding taxes.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR CALL-FREGEAU AND COUNCILOR SCULLIN, AND IT IS VOTED TO APPROVE SUBJECT TO RECEIPT OF OUTSTANDING DOCUMENTS. VOTE 6/1.
Nay: Councilor Lambi.
2. An application for a Second Class Victualling House License from David Dualan of Fusion Catering LLC d/b/a Fusion Catering located at 23 High Street (last tabled from October 7, 2015)
Public hearing was opened at 8:05 p.m.
There was no one wishing to speak either in favor of or against this license.
Public hearing was closed at 8:06 p.m.
Councilor Shaw felt that the applicant should attend the meeting when the license is discussed.
Solicitor Hefner noted that the Filibuster Club was renewing a First Class Victualling House License for the same location, and this is for a first class victualling house license, so he questioned what their intent was.
The Town Clerk explained that during the renewal process, it was determined that the Filibuster Club had an expired Department of Health Certificate. Upon inquiry, the Filibuster Club was under the impression that they could sublease their kitchen to Fusion Kitchen. When informed that could not be done, they reapplied for that license, and now they have that food license; they are, however, still subleasing their kitchen to Fusion Catering. It is not part of their food service for the liquor license; it is a separate business. She has tried to call and email Fusion, but there has been no response.
Councilor Scullin asked if the applicant would be able to run the kitchen under the Filibuster license.
The Town Clerk responded that they would not be able to and must obtain their own license.
Solicitor Hefner responded that it would depend on the nature of the Filibuster Club. He also added that he assumed that Fusion would be running it has its own business.
President Dwyer added that if the Council voted to decline or continue this license, the Filibuster Club would still be able to have their kitchen run by someone working for them, or by Fusion, which would become an employee of the Filibuster Club.
There was a discussion regarding the difference between a first class license and a second class victualling license; a first class license is attached to a liquor license.
MOTION BY COUNCILOR SCULLIN, SECONDED BY COUNCILOR SHAW AND IT IS UNANIMOUSLY VOTED TO DENY THIS LICENSE. VOTE 7/0.
B. ENTERTAINMENT LICENSE:
1. An application for an Entertainment License from 356 Mendon Road Corporation d/b/a Royal Panda Restaurant located at 356 Mendon Road (lasted tabled from July 15, 2015)
Public hearing was opened at 8:10 p.m.
Mr. Vuong explained that he hoped to have karaoke at this location, and possible a small acoustic band in the lounge area.
There was no one wishing to speak either in favor of or against this license.
Public hearing was closed at 8:11 p.m.
President Dwyer noted that the Town Clerk is still waiting for Health Department and Fire Department approval, Permit to Make Sales at Retail, and payment of outstanding taxes.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BRADLEY AND IT IS VOTED TO APPROVE SUBJECT TO RECEIPT OF OUTSTANDING DOCUMENTS. VOTE 7/0.
C. 2015-2016 LICENSE RENEWALS:
Public hearing was opened at 8:12 p.m.
There was no one wishing to speak either in favor of or against this license.
Public hearing was closed at 8:12 p.m.
FIRST CLASS VICTUALLING HOUSE LICENSE:
2. ANGELO’S PIZZA, INC., d/b/a Angelo’s Pizza, 133 Mendon Road
3. CHURRASCARIA MARQUES, LLC, d/b/a Churrascaria Marques, 88 Broad Street
4. CLUB JUVENTUDE LUSITANA, INC, 10 Chase Street
5. CUATRO AMIGO, INC., d/b/a Casa Vallarta, 2000 Mendon Road Suite 10.
6. CUMBERLAND A.C., d/b/a Cumberland Athletic Club, 30 Hamilton Street
7. CUMBERLAND HOUSE OF PIZZA, d/b/a Cumberland House of Pizza, 2360 Mendon Road
8. CUMBERLAND POST #14, d/b/a Cumberland Post #14, 695 Broad Street
9. CURBSIDE, INC., 17 Dexter Street
10. DAVENPORT’S FAMILY RESTAURANT, d/b/a Davenport’s Family Restaurant, 1070 Mendon Road
11. FARIA MARKET, INC d/b/a International Market Café, 40 Macondray Street
12. FATIMA HOLY NAME SOCIETY, d/b/a Fatima Holy Name Society, 1 Fatima Drive
13. FILIBUSTER CLUB, d/b/a Filibuster Club, 23 High Street
14. FORE COURT RACQUET & FITNESS CLUB, INC., 44 Cray Street
15. FORTUNE HOUSE INC., d/b/a Fortune House Restaurant, 1800 Mendon Road, Suite F
16. FRIENDLY SONS OF ST. PATRICK, 135 Broad Street
17. GOOD TIMES PUB RESTAURANT, INC., 1666 Diamond Hill Road
18. INNOVATIVE FOOD, LLC, d/b/a Flavours, 1764 Mendon Road
19. J.GRAY’S FAMILY TAVERN, 405 Mendon Road
20. J. K. AND SON, LLC, d/b/a The Beer Mug, 960 Mendon Road
21. JACKY’S GALAXIE RESTAURANT, INC., d/b/a Jacky’s Galaxie Restaurant, 1764 Mendon Rd
22. JERRY’S FRIENDLY TAP LLC., d/b/a Jerry’s Friendly Tap and Grill, 1225 Mendon Road
23. LMP ENTERPRISES, d/b/a Adeline’s Speakeasy Bar & Grill, 2352 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 Mutt & Jeff, 433 Broad Street
27. O R VENTURES, INC., d/b/a Valley Cafe, Inc., 389 Broad 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. SLAM, INC., d/b/a Third Base, 422 High Street
32. STEVIE D’S BAR & GRILL, LLC, Stevie D’s Bar & Grill, 80 Manville Hill Rd
33. SEVEN CRAY STREET REALTY, d/b/a Seven Cray Street, 7 Cray Street
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 GARAGE BAR & GRILL INC., d/b/a The Garage Bar & Grill, 75 Manville Hill Road
37. VALLEY PARK PUB, LTD., d/b/a Valley Park Pub, 17 Mill Street
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR CALL-FREGEAU AND COUNCILOR SCULLIN, AND IT IS VOTED TO APPROVE. VOTE 7/0.
SECOND CLASS VICTUALLING HOUSE LICENSES
1. BLACKSTONE RIVER THEATRE, d/b/a Blackstone River Theatre, 549 Broad Street
2. BLP, INC., d/b/a Subway, 2130 Mendon Road
3. CACKLEBERRIES FAMILY RESTAURANT, 802 High Street
4. CAFÉ COLOMBIA, INC., d/b/a Café Colombia, 235 Broad Street
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. HAKOBYAN, INC., d/b/a Ani’s Pizza & Seafood, 1182 High Street
14. HOT SPOT, LLC, d/b/a Dunkin Donuts, 3781 Mendon Road
15. JAN CO. CENTRAL INC., d/b/a Burger King #4718, 1715 Mendon Road
16. JOHNSTON DONUTS, INC. # 20, d/b/a Dunkin Donuts, 20 Ann & Hope Way
17. JOHNSTON DONUTS, INC. #2069, d/b/a Dunkin Donuts, 2069 Diamond Hill Road
18. L & G KWOK INC., d/b/a GREAT TASTE CHINESE RESTAURANT, 3454 Mendon Road
19. NICKJACK, INC., d/b/a J’s Deli, 2364 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. SAKI’S ENTERTAINMENT, LLC d/b/a Saki’s Pizza 2339 Diamond Hill Road
24. SHER LE MON SWIM CLUB, d/b/a Sher Ler Mon Swim Club, 2701 Mendon Road
25. S.P. Donuts Inc. d/b/a Honey Dew Donuts, 2130 Mendon Road
26. SUPREME PIZZA LLC, d/b/a Supreme Pizza, 3454 Mendon Road
27. THE COFFEE CONNECTION INC., d/b/a The Coffee Connection, 2364 Mendon Road
Public hearing was opened at 8:14 p.m.
There was no one wishing to speak either in favor of or against this license.
Public hearing was closed at 8:14 p.m.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR CALL-FREGEAU AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
THIRD CLASS VICTUALLING HOUSE LICENSES
1. BREAD UNLIMITED LLC d/b/a Crugnale’s Bakery, 1764 Mendon Road
2. BRIAN SEAGRAVE, d/b/a ALL STAR PIZZA, 417 Broad Street
3. DA SILVA DESSERTS, INC., d/b/a Zaccagnini’s Pastry, 3460 Mendon Road
4. GOLDEN PALACE CHINESE RESTAURANT, 1165 High Street
5. JMP PROMOTIONS, LLC, d/b/a Big Flea, 1 Ann & Hope Way
6. JOHNSTON DONUTS, INC. #1700 d/b/a Dunkin Donuts, 1700 Mendon Road
7. JOSIE’S ICE CREAM, 797 High Street
8. K & A ELMASRI CORP., d/b/a Ronzio Pizza, 1700 Mendon Road
9. M R BAKING INC., d/b/a Colonial Bakery, Inc., 185 Broad Street
10. MICHAEL’S MEATS, INC, 2130 Mendon Road
11. NOURIA ENERGY RETAIL, INC d/b/a Cumberland Shell 4120 Mendon Road
12. PIZZA MAN OF CUMBERLAND, 87 Broad Street
13. S & P DONUTS INC. d/b/a Honey Dew Donuts, 3450 Mendon Road
14. SEABRA FOODS III, INC d/b/a Seabra Supermarkets, 2000 Mendon Road
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
17. TWO SCOOPS AND A SWIRL, 3400 Mendon Road
Public hearing was opened at 8:16 p.m.
There was no one wishing to speak either in favor of or against this license.
Public hearing was closed at 8:17 p.m.
MOTION BY COUNCILOR CALL-FREGEAU, SECONDED BY COUNCILOR CALL-FREGEAU AND COUNCILOR SHAW, 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. CUMBERLAND FARMS INC, #1275 d/b/a Cumberland Farms, 3440 Mendon Road
3. COLBEA ENTERPRISES LLC, 2095 Diamond Hill 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. DAVE’S MARKETPLACE, 2077 Diamond Hill Road
8. DIENE GROUP LLC d/b/a Domino’s Pizza, 3400 Mendon Road
9. DOLLAR TREE #5459 d/b/a Dollar Tree Stores Inc 3751 Mendon Rd
10. DYANE’S SWEET TOOTH, INC., d/b/a Dyane’s Sweet Tooth, 186 Mendon Road
11. F & Z LLC, d/b/a Gulf Express, 3 Pine Swamp Road
12. IQBAL & SONS INC, d/b/a Cumberland Sunoco, 2093 Diamond Hill Road
13. ISHA, LLC, d/b/a Bestway Food Store, 302 Broad Street
14. KAHN & SONS INC, d/b/a The Cumberland Spot, 1152 Mendon Road
15. KD DONUTS INC, d/b/a Dunkin Donuts, 4120 Mendon Road
16. KIM AND GARY’S ICE CREAM MACHINE, 4288 Diamond Hill Road
17. MAXI DRUG SOUTH LP d/b/a Rite Aid #10231, 2136 Mendon Road
18. MENDON ROAD GULF INC., d/b/a Gulf Express, 1754 Mendon Road
19. ONE ENERGY AT MENDON INC 3492 Mendon Rd
20. S N K, INC, d/b/a Cumberland Convenience Store, 427 High Street
21. SASSY MAMA LLC., d/b/a Sassy Mama’s Cuisine, 500 Mendon Road, Suite 1B
22. SHREEGA, INC d/b/a High Street Convenience Store 1181 High Street
23. TONY’S CUMBERLAND MARKET INC., d/b/a Tony’s Cumberland Market, 290 Broad Street
24. UNIVERSAL INVESTMENT INC d/b/a Del’s Lemonade, 184 Mendon Road
25. VIKAR VAHORA, INC d/b/a Bestway, 1178 High Street
Public hearing was opened at 8:17 p.m.
There was no one wishing to speak either in favor of or against this license.
Public hearing was closed at 8:17 p.m.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCULLIN AND COUNCILOR CALL-FREGEAU, 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
Public hearing was opened at 8:18 p.m.
There was no one wishing to speak either in favor of or against this license.
Public hearing was closed at 8:18 p.m.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SCULLIN AND COUNCILOR BRADLEY, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
EXTENDED HOURS LICENSE
1. CUMBERLAND FARMS STORE #1275, 3440 Mendon Road
2. GB DONUTS OF RHODE ISLAND INC d/b/a Honey Dew Donuts, 2084 Diamond Hill Road
3. HOT SPOT, LLC d/b/a Dunkin Donuts, 3781 Mendon Road
4. JOHNSTON DONUTS, INC. #20, d/b/a Dunkin Donuts, 20 Ann & Hope Way
5. JOHNSTON DONUTS, INC. #1700, d/b/a Dunkin Donuts, 1700 Mendon Road
6. JOHNSTON DONUTS, INC. #2069, d/b/a Dunkin Donuts, 2069 Diamond Hill Road
7. KD DONUTS INC d/b/a Dunkin Donuts, 4120 Mendon 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. S.P. DONUTS, INC., d/b/a Honey Dew Donuts, 2130 Mendon Road
11. THE STOP & SHOP SUPERMARKET, d/b/a Super Stop & Shop, 70 Mendon Road
Public hearing was opened at 8:19 p.m.
There was no one wishing to speak either in favor of or against this license.
Public hearing was closed at 8:19 p.m.
MOTION BY COUNCILOR SCULLIN AND SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
OLD BUSINESS
A. ORDINANCES FOR PUBLIC HEARING:
1. #15-20 – An Ordinance relating to indecent exposure/disorderly conduct (Presented by the Council President on behalf of the Administration)
President Dwyer informed that he had spoken with Chief Desmarais, who sent an email to all Councilors regarding his support of this Ordinance.
Public hearing was opened at 8:19 p.m.
Mayor Murray informed that there was a recent incident within the Town, and when they tried to solve it, the Town was handcuffed by the lack of a Town Ordinance and the State’s interpretation of the situation. Passage will give the police a much better opportunity to take care of situations that arise.
There was no one wishing to speak either in favor of or against this Ordinance.
Public hearing was closed at 8:21 p.m.
Councilor Scullin asked whether the Town has attempted to prosecute someone under the State statute.
Mayor Murray responded that he was unaware of any cases, but he knew that without having this language, the police were restricted in what they could do.
Solicitor Hefner explained the requirements under the State law that would allow police to act on these situations and convict an offender. This Ordinance makes indecent exposure illegal on a local level. The violator would be subject to the Municipal Court, and would not be registered in any database.
Mayor Murray stated that he planned to pass this Ordinance after passage on to our state representatives, and they can move forward on a state level with it.
Councilor Lambi asked about raising the penalties under Section C; he felt that the penalties were not adequate; he was also concerned about this type of person providing community service. He asked the Council to consider removing that section.
Mayor Murray noted that the Chief felt that this would be another deterrent for a violator, though he had no objection to its removal.
President Dwyer noted that the Chief’s attachment refers to state law, and President Dwyer was concerned that the Town law must follow the State law with regard to fines.
Solicitor Hefner noted that the current state law gets away from just having the violator expose himself to requiring proof that someone was caused affront, distress, or alarm. It also adds an additional layer to intent by the violator.
Councilor Lambi noted that the state law does not suggest community service either; it only lists fines and possible jail terms.
President Dwyer informed that the Chief was not in attendance because the President had told him that his presence was not necessary; he suggested that the matter be continued if the Councilors would prefer to discuss this with him.
Mayor Murray asked that it not be tabled due to a specific situation the police are dealing with.
MOTION BY COUNCILOR LAMBI, SECONDED BY COUNCILOR SHAW AND IT IS UNANIMOUSLY VOTED TO AMEND THIS ORDINANCE BY STRIKING THE WORDS “AND UP TO FORTY (40) HOURS OF COMMUNITY SERVICE” WHICH BEGIN ON LINE 29. VOTE 7/0.
MOTION BY COUNCILOR SCULLIN AND COUNCILOR CALL-FREGEAU, SECONDED BY COUNCILOR LAMBI AND IT IS UNANIMOUSLY VOTED BY A ROLL CALL VOTE TO APPROVE ORDINANCE 15-20A AS AMENDED. VOTE 7/0.
B. RESOLUTION:
1. R-15-44 – A Resolution amending the rules regulations, policies, and procedures for the Board of License Commissioners of the Town Of Cumberland
Public hearing was opened at 8:40 p.m.
Councilor Shaw informed that this was initially discussed at the last meeting; this is a revised version of the amendment. Councilor Schmitt asked that Page 13 of this revision be further revised at Section 1, Article 8(A)(1); Councilor Shaw read the change into the record.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR SHAW AND IT IS UNANIMOUSLY VOTED TO AMEND PAGE 13, SECTION 1, ARTICLE (8)(A)(1) ON LINE 5 WHICH SHALL READ “BASED ON PAST EXPERIENCE, MAY GRANT APPROVAL.” VOTE 7/0.
Councilor Shaw noted that per the discussions at the last meeting, on Line 4 of Section 1, Article 8(A)(1) on Page 1 the actual number of applications 3 that could be reviewed was deleted so it would read “shall review all requests.” Additionally, the change that three certified TIPS servers are required was deleted on Page 20, Article 11(B), and it was left that all employees serving liquor must be certified. The vote on the Ordinance at the last meeting changed some of the rules and regulations, and that is also included in this document on Page 27. He informed that he was willing to table this matter if it was felt that more discussion was needed. He noted that a BNT license does fall under the B license laws of the State that it must also serve food; one of the changes to these Rules with regard to that license type was requiring that 35 percent of sales be for food.
Councilor Lambi had suggested that the number of outdoor serving events be reduced from 4 because he felt that someone wishing to have more could apply for a permanent outdoor serving license; he thought that eliminating the number but adding that the Council may approve the application puts the power in the hands of the Council but does not provide barriers for an extensive amount of outdoor events for a license holder. He thought there should be a distinction between a permanent license versus the opportunity for a Council or Administration to approve outdoor events without getting the correct approval from the neighbors. He had hoped to discuss this further with Councilor Shaw, but has been unable to do so. He was not in favor of allowing a Council to have full discretion to provide any number of outdoor drinking events with no limitation. He would consider providing a maximum of four. He will be voting against this because it does not include a maximum.
Councilor Shaw responded that not putting a limit would not change the stipulations required of the business owner; it would require the support of police and fire, and the Council would have the right to deny or approve. He did not feel a limit should be applied.
Councilor Scullin agreed with Councilor Lambi regarding the need to put a limit; he also had an issue with extending outdoor serving hours from 9:00 p.m. to 10:00 p.m.
Councilor Schmitt suggested tabling this matter for one month, but the Town Clerk noted that the liquor licenses are coming up for renewal prior to that time, and the license holders must be supplied with a copy of the current rules and regulations. She asked the Council to keep that in mind.
MOTION BY COUNCILOR SCHMITT, SECONDED BY COUNCILOR LAMBI AND IT IS UNANIMOUSLY VOTED TO TABLE TO NOVEMBER 18, 2015. VOTE 7/0.
NEW BUSINESS
A. APPOINTMENTS-PUBLIC SAFETY COMPLEX BUILDING COMMITTEE:
Town Council – Nominations and Two Appointments
1. Brian Kelly
2. Brian McCourt
3. Michael J. Black, P.E.
4. Kimberly I. McCarthy
5. Wayne D. Wagner
6. Jeffrey T. Kearns
President Dwyer informed that the Council has held interviews. He also informed that Robert Geddes has also applied, as well as Megan Meyers; Paul DiModica and Kimberly McCarthy have withdrawn.
Councilor Scullin nominated Brian McCourt; seconded by Councilor Bradley.
Councilor Schmitt nominated Wayne Wagner; seconded by Councilor Call-Fregeau.
Councilor Shaw nominated Robert Geddes; seconded by Councilor Call-Fregeau.
Councilor Schmitt explained that he nominated Mr. Wagner because he is the resident that will be most impacted by this building as he lives directly across the street. He has previously been a School Committee member, and he felt neighborhood involvement is necessary.
President Dwyer spoke of Mr. Geddes’ qualifications and voiced his support of his nomination.
President Dwyer asked for a roll call vote to determine which candidate each Councilor was voting for.
President Dwyer called for a roll call vote for Mr. McCourt: Councilors Bradley, Lambi, Shaw, Call-Fregeau, Scullin and President Dwyer voted yes; Councilor Schmitt voted no. Vote 6/1. Mr. McCourt is appointed.
President Dwyer called for a roll call vote for Mr. Wagner: Councilors Schmitt, Scullin, Call-Fregeau, and Bradley voted yes; Councilors Shaw and Lambi, and President Dwyer voted no. Vote 4/3. Mr. Wagner is appointed.
1. Mark Lindgren
2. George W. Stansfield, III
Mayor Murray spoke briefly about the qualifications of each of these appointees.
B. RESOLUTIONS:
1. R-15-45 – A resolution authorizing Mayor William Murray and the Cumberland Rescue Service to purchase (1) 22KW generator to include installation from Sheridan Electric of Warwick, Rhode Island
President Dwyer noted that there was an error in the title of this Resolution on the Agenda.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR CALL-FREGEAU AND IT IS UNANIMOUSLY VOTED TO SUBSTITUTE R-15-45A FOR R-15-45. VOTE 7/0.
Rescue Director Sean Thompson explained that their generator stopped working about three years ago; they have been using a small portable generator in its place. This allows them to maintain communications for dispatching, but the power does not remain in the Rescue building except for some lighting. A portion of the purchase price would be paid for through a grant through FEMA; the remaining $3,500 would be taken from the Town’s capital improvement project.
Councilor Lambi noticed that Line 23 references the purchase of personal protective equipment; this needed to be stricken.
MOTION BY COUNCILOR LAMBI, SECONDED BY COUNCILOR SHAW AND IT IS UNANIMOUSLY VOTED TO AMEND TO REMOVE THE WORDS “PERSONAL PROTECTIVE” FROM LINE 23. VOTE 7/0.
Public hearing was opened at 9:24 p.m.
Representative McLaughlin asked that the Council support this Resolution.
There was no one else wishing to speak either in favor of or against this Resolution.
Public hearing was closed at 9:25 p.m.
MOTION BY COUNCILOR LAMBI, SECONDED BY COUNCILOR BRADLEY AND IT IS UNANIMOUSLY VOTED TO APPROVE AS AMENDED. VOTE 7/0.
C. COMMUNICATIONS:
1. An update from Mayor Murray
Mayor Murray informed that the Haunted House had a record-breaking year. They are now starting to set up for the Winter Festival. Christmas trees to decorate for that event are still available for purchase. He praised the work of the Parks and Recreation Director, Mike Crawley. He also informed that Liz Lemire at OCYL has returned to work; she had been out due to an accident in the spring but recognized the work that Sue Varela did while Liz was out. He also informed that Franklin Farms grew over 40,000 pounds of food for distribution, and also educated over 400 students in the Cumberland area. He also informed that the train will be delivered Friday.
Councilor Bradley asked if any of the funds earned from the Haunted Hill would be used to replace playground equipment at the Monastery.
Mayor Murray responded that it would be; he thought the piece has already been ordered. He has asked Mike Crawley to provide him with a list of things that he would like done within the Department.
D. ORDINANCE FOR PRESENTATION AND PERMISSION TO ADVERTISE:
1. #15-21 – An Ordinance relating to the disposition of town acquired tax sale property (Presented by the Council President on behalf of the Administration)
2. #15-22 – An ordinance authorizing a Handicap Parking Place on Bowen Street (Presented by Councilor Call-Fregeau)
PUBLIC COMMENT
ADJOURNMENT
MOTION BY COUNCILOR SCULLIN, SECONDED BY COUNCILOR SHAW AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 9:34PM. VOTE 7/0.
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Sandra M. Giovanelli, Town Clerk
FOR A FULL ACCOUNT OF THIS MEETING PLEASE REFER TO THE AUDIO 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.