MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, DECEMBER 3, 2025 at 7:30 P.M.

 CUMBERLAND TOWN HALL, EVERETT “MOE” BONNER, JR. COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

 

CALL TO ORDER

Council President Kinch called the regular scheduled meeting of the Cumberland Town Council to order at 7:51 PM.

 

Members Present: Councilors Kinch, Beaulieu, Bradley, Magill, Metivier, Sweet, and Shaw

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

 

CONSENT AGENDA

A. Acceptance of Minutes of the Special and Regular meetings of November 19, 2025

 

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

       

PUBLIC COMMENTS

 

REPORTS/COMMUNICATIONS

A.    Report of Executive Session vote(s), as may be necessary

 

Council President Kinch reported that there were no votes to report from executive session.

LICENSES

A.    2025-2026 LICENSE RENEWALS

FIRST CLASS VICTUALLING HOUSE LICENSE

1.      AMERICAN LEGION dba Cumberland Post # 14, 695 Broad St (Pending Fire Approval)

2.      BLACKSTONE HERBS AND COFFEE SHOP dba Apothica Inc, 3 Dexter St (Pending Fire Approval)

3.      CLUB JUVENTUDE LUSITANA, INC dba Club Juventude Lusitana, 10 Chase St (Pending Fire Approval)

FILIBUSTER CLUB dba Filibuster Club, 23 High St (Pending Insurance, Food Safety, Cert. of Good Standing, and Menu) Note in the portal stating the menu provided will be served 7 days a week.)

4.      RLS RESTAURANTS dba Pats Italian Restaurant, 2000 Mendon Rd Unit 200 (Pending Fire Approval)

SPG GROUP LLC dba Koury’s Tavern, 80 Manville Rd (Pending Fire Approval; Re-inspection 12/04/25)

5.      VALLEY FALLS ENTERTAINMENT LLC dba Mickey's Valley View Pub, 46 Carpenter St (Pending Fire Approval)

 

Councilor Shaw clarified that any of these pending renewals will affect the liquor license if they are not resolved within the 30-day extension.

Council President states that, if there are no further questions, he will entertain a motion to approve the first-class victualling house license. 

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

 

Town Clerk Giovanelli interrupted to request clarification whether the motion should include the required 30-extension of last year’s license to correct the fire violations.

  

After some discussion and clarification from the solicitor about the proper procedure for granting extensions, Councilor Magill made a motion to reconsider the initial vote. The council then voted to grant 30-day extensions for all license categories instead of approving the renewal.

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW VOTED FOR A 30-DAY EXTENSION WITH A FOLLOW-UP AT THE JANUARY 7, 2026 MEETING.  VOTE 7/0.

 

SECOND CLASS VICTUALLING HOUSE LICENSE

1.       OLLIE’S DINER LLC dba Ollie’s Diner LLC, 802 High St (Pending Food Safety Certificate)

2.       POPPY’S FAMILY RESTAURANT INC dba Poppy’s Family Restaurant, 3344 Mendon Rd (Pending Fire Approval)

3.       PROVIDENCE ZEN CENTER dba Providence Zen Center, 99 Pound Rd (Pending Fire Approval)

4.       ST JOSEPH’S CHURCH ASHTON dba Parish Hall, 1303 Mendon Rd (Pending Fire Approval)

5.       SUPREME PIZZA LLC dba Supreme Pizza, 3450 Mendo RD (Pending Fire Approval)

6.       THE KEEP INC dba The Keep, 2360 Mendon Rd (Pending Retail Permit)

7.       YOVANIS PIZZERIA LLC dba Yovani’s Pizzeria, 40 Macondray St (Pending Fire Approval, Retail Permit, DOH, & Food Safety)

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL VOTED FOR A 30-DAY EXTENSION WITH A FOLLOW-UP AT THE JANUARY 7, 2026 MEETING.  VOTE 7/0.

 

THIRD CLASS VICTUALLING HOUSE LICENSE

1.      ROSES ITALIAN BAKERY dba Juliana’s Italian Bakery, 1181 High St (Pending Fire Approval)

2.      GOLDEN PALACE CHINESE RESTAURANT, 1165 High St (Pending Fire Approval)

3.      SEABRA FOODS III INC dba Seabra Supermarkets, 2000 Mendon Rd (Pending Fire Approval)

4.      THE NEW SPOT LLC dba The New Spot, 3460 Mendon Rd Unit 6 (Pending Fire Approval)

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL VOTED FOR A 30-DAY EXTENSION WITH A FOLLOW-UP AT THE JANUARY 7, 2026 MEETING.  VOTE 7/0.

 

FOURTH CLASS VICTUALLING HOUSE LICENSE

1.      CUMBERLAND FARMS INC #1275 dba Cumberland Farms Inc. #1275, 3440 Mendon Rd (Pending Fire Approval)

2.      CVS PHARMACY INC dba CVS, 315 Broad St (Pending Fire Approval)

3.      KIM & GARY’S ICE CREAM MACHINE INC dba The Ice Cream Machine, 4288 Diamond Hill Rd (Pending Fire Approval)

4.      ONE ENERGY INC dba Zoom Mart, 3492 Mendon Rd (Pending Fire Approval, Retail Permit & DOH)

5.      S N K INC dba Cumberland Convenience, 427 High St (Pending Fire Approval, Outstanding Taxes, & Retail Permit)

6.      VIKAR HAHORA INC dba Bestway Gulf, 1178 High St (Pending Fire Approval)

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL VOTED FOR A 30-DAY EXTENSION WITH A FOLLOW-UP AT THE JANUARY 7, 2026 MEETING.  VOTE 7/0.

 

B.  EXTENDED HOURS LICENSE PUBLIC HEARING

1.   An application for an extended hours license from Broad Street Food & Fuel Inc. dba Mendon Express, 290 Broad Street, to extend the opening time from 6:00 a.m. to 5:00 a.m.

 

The public hearing was opened at 7:58 p.m.

Ed Kilbane of 7 Anna Sales Road, Lincoln, who owns property at 288 Broad Street in Cumberland, spoke in opposition. He expressed concerns about noise and early morning deliveries affecting his tenants who reside right next to this property.  Mr. Kilbane also raised issues about the property's maintenance.  He noted that there have been issues with dumpster overflow and not being emptied. He explained that he had previously addressed these concerns with Mayor Mutter and that while the area was eventually cleaned up, new issues had arisen with storage behind the property. He offered to show photos of the conditions.

Council President Kinch suggested tabling the item to allow the owner to attend and address both the license extension and property maintenance concerns.

The public hearing was closed at 8:02 p.m.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 17, 2025.  VOTE 7/0.

 

C.  ENTERTAINMENT LICENSE

1.   An application for a special event entertainment license from the Cumberland Library for the Library’s Anniversary Carnival on June 20, 2026

 

Library Director Celeste Dyer presented the request, explaining that next year will be 50 years since the 3 small libraries were put together in the monastery, and they want to celebrate that milestone.  She detailed four planned events throughout the year, with the June 20th carnival being the main celebration.  The carnival would feature Circus Dynamics performing shows, face painting, balloon animals, three food trucks, carnival games, and would run from 11 a.m. to 2 p.m. on the library's front lawn.

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

OLD BUSINESS

A.   

1.         R-25-69 – A resolution requesting the General Assembly to consider amending legislation relating to accessory

dwelling units (tabled from November 19, 2025 council meeting)

 

Councilor Sweet presented the resolution, explaining it is very similar to the resolution the council sent to the state legislature last time, again, asking them for some reconsideration of their very broad ADU as a right legislation that they passed with no breaks in place for investors turning properties into multi-unit rentals or limits on affordability.  The resolution requested that ADUs be owner-occupied for 5 years, that ADUs not occupied by family members or caretakers be rented at affordable rates, and that ADU size be limited to 1,000 square feet instead of the state's 1,200 square feet limit.

Councilor Sweet elaborated on her concerns, stating she believes the current limit is 800 square feet. She mentioned having conversations with constituents interested in building external Accessory Dwelling Units (ADUs) for specific needs. These included situations where individuals on larger plots of land wanted to house aging parents or family members requiring care, specifically in a way that provided both proximity and enough space for a professional caregiver to also reside there.  She thinks 800 is a little small, 1200 is the size of an entire other home, 1000 sort of gives you a little bit of room."

During public comments, Deborah Vine Smith of Colonial Avenue spoke in opposition, arguing the resolution "needs to be tabled" and raised concerns about ownership issues and ADA accessibility requirements. She stated: "A person cannot physically own such a dwelling… If I'm going to have a building put on my property as an in-law apartment, they cannot open it. They cannot own it."

Councilor Sweet clarified that they aren’t saying someone could own something on your property. The accessory dwelling units are owned by the primary resident. By its nature, it's an accessory dwelling unit to the primary residence, so it is not owned by someone else.

Council discussion included questions from Councilor Bradley about language clarity and extensive discussion about investor impacts. Councilor Sweet explained that "30 percent of home purchases in the United States go to investors and not individuals" and that without restrictions, investors could "buy a house, say, in North Cumberland, where maybe you're more likely to have a lot larger than the 20,000 square feet required to allow you to put an external ADU. A 1200 square foot ADU could be put down, and now it’s turned a single-family home with a large lot into a multifamily home.

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

 

B.  ORDINANCES FOR PUBLIC HEARING

1.      #25-07 – An ordinance in amendment of the Code of Ordinances amending the Zoning Ordinance and Map thereof with reference to Cumberland Assessor’s Plat 053, Lot 1781, and hydroelectric generation facilities. (tabled from September 17, 2025 council meeting)

 

Councilor Beaulieu noted the ordinance would need to go back to the ordinance sub-committee.  She consulted with Councilor Shaw who had been working on the matter, and it was determined to be tabled until January 21, 2026.

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO TABLE TO THE

 

2.   #25-21 – An ordinance in Amendment of the Zoning Ordinance relating to Accessory Structures and Accessory Dwelling Units (tabled from November 19, 2025 council meeting)

 

The public hearing was opened at 8:22 p.m.

Chairwoman Beaulieu reported the ordinance received a reluctant 3 to 0 favorable passage from the ordinance subcommittee. She explained they have some concerns around how this can impact our community, how we don't really have any ability to control it once it's made available. But this ordinance allows us to put some provisions on it that we're not standing today, and it brings us in line with the state law.

Councilor Sweet added that, as everyone knows, she is not in favor of the state laws that were passed, but she did vote in favor of passing the version that brings us up-to-date. She states that she thinks it's important for us to get on board with the state law and then continue to press where we can with our state representatives and everybody else.  She noted receiving calls from residents wanting to plan for aging relatives and not wanting to put them or town officials in a difficult position.

The public hearing was closed at 8:25 p.m.

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

Councilors Bradley and Magill voted nay.

 

3.   #25-24 – An ordinance authorizing the placement of a stop sign on River Street at the intersection of Forest Avenue. (tabled from November 19, 2025 council meeting)

 

The public hearing was opened at 8:26 p.m. 

Chairwoman Beaulieu reported that the ordinance received unanimous favorable passage from the ordinance subcommittee and was sponsored by Councilor Metivier with support from the traffic officer.

Councilor Metivier notes that he had received some concerns from neighbors about people flying through there.  He consulted with the traffic officer, who recommended putting a stop sign there.

The public hearing was closed at 8:27 p.m.

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

4.   #25-25 – An ordinance amending sections 38-34 and 38-36 of the code of ordinances entitled “One Way Streets” and “Stop Intersections” (tabled from November 19, 2025 council meeting)

 

The public hearing was opened at 8:28 p.m.

Chairwoman Beaulieu reported the unanimous approval from the ordinance subcommittee and deferred to Councilor Magill, who did all of the heavy lifting on this.

Councilor Magill explained he had a meeting with the residents of the area, Canning Street and Sprague Street. This previously was a one-way street on Canning Street, going in an easterly direction down to Sprague Street.  He added that it is difficult for residents to go all the way around the block over a small hill.  The solution reached was to make only the section from pole 3 to Woodrow Street one-way, which would not affect any of the neighbors on Canning Street. Additionally, stop signs would be placed at Canning and Woodrow, and a four-way stop created at Canning and Sprague Street. Magill noted this was discussed and supported by the traffic officer and the Police Chief. 

The public hearing was closed at 8:30 p.m.

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SWEET, AND IT IS VOTED BY A ROLL CALL VOTE.  VOTE7/0. 

 

5.   #25-26 – An ordinance amending Chapter 38, Article III (entitled parking, stopping, and standing) of the Town of Cumberland’s Code of Ordinances (tabled from November 19, 2025 council meeting)

 

The public hearing was opened at 8:31p.m. 

Chairwoman Beaulieu reported unanimous favorable recommendation from the ordinance subcommittee and turned to Councilor Magill for details.

Councilor Magill explained the ordinance addressed accessibility parking areas on private residential streets. Key changes included:

• Removing locations where signs were no longer present
• Changing the renewal process from individual annual renewals at various dates to a unified January 31st deadline
• Allowing online renewal through the town portal instead of requiring visits to the police station
• Enabling submission of proof of residency and disability placard certificates online

Magill noted the residents essentially don't have to leave the house. They can do it right online, right from a computer. And if they do have an issue, they can come to the town hall, and the clerk's office will assist them.

During public comment, Deborah Vine Smith questioned the reference to "private residential streets," stating she doesn’t know of a “private street” in Cumberland. She also asked about interaction with Valley Falls parking permits.

Councilor Magill clarified that accessibility parking requests must be approved by the town council after investigation by the police department traffic officer.

Solicitor Salvatore noted that she prepared a red line version of the ordinance to show the significant changes to the language; however, it doesn’t appear to be posted to ClerkBase.  She believes it would be helpful for the Council to see that version to understand the proposed changes.  After a discussion between Councilor Magill and the solicitor about ensuring proper documentation for codification, the council decided to table the item.

The public hearing was closed at 8:42 PM.

Councilor Beaulieu moved to table, seconded by Councilor Sweet. The motion passed 7-0.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SWEET, AND IT IS UNANIMOUSLY VOTED TO TABLE TO DECEMBER 17, 2025 COUNCIL MEETING.  VOTE 7/0. 

 

6.  #25-27 – An ordinance authorizing the placement of a stop sign on Carlson Drive at the intersection of Bryant Street (Presented by Councilor Beaulieu)

 

The public hearing was opened at 8:43 p.m.

Chairwoman Beaulieu reported that the ordinance received favorable passage from the ordinance sub-committee and was forwarded to her by Councilor Magill.  The traffic officer had reached out regarding the stop sign request, which received a favorable recommendation from the Cumberland Police Department.

The public hearing was closed at 8:43 p.m.

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

7.  #25-28 – An ordinance amending section 38-36 of the Cumberland Code of Ordinances entitled “Stop Intersections” (Presented by Councilor Beaulieu)

 

The public hearing was opened at 8:44 p.m. 

Chairwoman Beaulieu reported that this ordinance, again with help from Councilor Magill, would create a four-way stop at the intersection of Pennsylvania Avenue and Massachusetts Avenue at the request of the Cumberland Police Department.

During public comment, Deborah Vine Smith stated that she lives in this neighborhood and doesn’t see a need whatsoever for an additional stop sign at the intersection of Pennsylvania and Massachusetts. She urged the town to start replacing the existing vandalized signage and signage that is no longer reflective, instead of putting up more signs.

The public hearing was closed at 8:46 p.m.

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

 

NEW BUSINESS

A.    APPOINTMENTS

1.   JUVENILE HEARING BOARD

Consists of 7 Members, 3 Year term, 1 from each District and 2 At-Large, appointed by the Mayor

 

TERMS EXPIRED DECEMBER 31, 2025 – 2 Members

Chris Mangano, re-appointment, term to expire December 31, 2028

Rui Felix, re-appointment, term to expire December 31, 2028

 

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

 

2.   LIBRARY BOARD OF TRUSTEES

Consists of 8 Members, 3 Year term, appointed by the Town Council.

 

TERMS EXPIRED DECEMBER 31, 2025 – 2 Members

Julie Temlak, re-appointment, term to expire December 31, 2028

Susan Rebelo, re-appointment, term to expire December 31, 2028

 

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

3.   ZONING BOARD OF REVIEW

Consists of 5 Members (5 Year term) and 2 Alternates (1 Year term), appointed by the Town Council.

 

TERMS EXPIRED DECEMBER 31, 2025 – 2 Alternates

Chris Alger, re-appointment, term to expire December 31, 2026

Diane Emerson, re-appointment, term to expire December 31, 2026

 

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

B.     RESOLUTIONS

1.  R-25-71- A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into an agreement with the State of Rhode Island on behalf of the Town of Cumberland for the Municipal Road and Bridge Program

 

Director Mendes presented the resolution, explaining that this was the fourth or fifth iteration of the town's participation in the Municipal Road and Bridge Program. He detailed that the town would receive 33% of project costs, with the state's contribution capped at $209,000.  He explained the process that he and the town engineer put into the state portal, several roads that they feel need resurfacing.  He noted there was no obligation, but the agreement needed to be in place to potentially move forward.

When Councilor Magill asked about timing, Director Mendes clarified that this agreement was for spring 2027, with the current phase finishing in the next week or so and the next phase beginning in spring 2026.

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

2.   R-25-72 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into a contract with Powerschool Group LLC for use of the human resources module within the eFinance Plus software in an amount not to exceed twelve thousand twenty-eight dollars and seventy-seven cents ($12,028.77)

 

Director Brouillard explained that the town currently does not have HR software. They currently use good old paper and Excel spreadsheets.  They are looking to get away from that method.  She detailed the benefits, including tracking employees, rates, title changes, PTO, healthcare, CDL licenses, and other certificates. The system would allow employees to log in and check their PTO and sick time balances.

When Councilor Shaw asked if it included payroll access, the director clarified that it would be through a different system, but employees could access their time-off balances.

Councilor Sweet inquired about the pricing, and the director confirmed the $12,000 first-year cost included training, with subsequent years at $10,000 annually. The town currently pays $13,225 annually for the financial accounting module.

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

 

C.    ORDINANCES for presentation and permission to advertise

1.      # 25-29 – An ordinance setting certain tax exemptions on real and personal property (Presented by the Council President on behalf of the Administration)

This ordinance was referred to the Ordinance Subcommittee.

PUBLIC COMMENTS

 

ADJOURNMENT

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO ADJOURN AT 8:59 P.M  VOTE 7/0.