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| Michael L. Kinch, At-Large | |
| Council President | |
| James K. Metivier, District 1 | Jodi C. Sweet, District 4 |
| Council Member | Council Member |
| Timothy C. Magill, District 2 | Robert G. Shaw, Jr., District 5 |
| Council President, Pro Tem | 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, OCTOBER 15, 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 7:30 PM.
Members Present: Councilors Kinch, Beaulieu, Bradley, Magill, Metivier, Shaw, and Sweet
PLEDGE OF ALLEGIANCE
GENERAL ANNOUNCEMENTS
CONSENT AGENDA
A. Acceptance of Minutes of the Regular Meeting of October 1, 2025.
B. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE
C. COMMUNICATIONS
1. C-25-77 – A resolution from the Town of Portsmouth regarding the restoration of general revenue sharing to cities and towns
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
PUBLIC COMMENTS
No Public Comments
REPORTS/COMMUNICATIONS
A. Report of Executive Session vote(s), as may be necessary
B. Update from the School Committee
School Committee Chairwoman, Amy Vogel, was present to give a school update. Total enrollment is 5,016, an increase of 69 students.
C. Annual Report of the financial and administrative updates as per Section 306(H) of the Charter Administrative updates/Financial updates
Mayor Mutter reported on the town's financial status, noting that while tax collections came in as expected, the town ended slightly in the black despite some overages. He said that the financial results should have been better. When asked about exploring community aggregation for electricity, the Mayor confirmed that while he had seen the press release about it, the town was not actively exploring that option at the moment.
D. Monthly/Quarterly Financial Report ending September 30, 2025
Council President Kinch asked if anyone had questions about the monthly quarterly financial reports. No questions were raised by council members.
E. Check registers for September 30, 2025
The Council President asked if anyone had questions on the check registry. Hearing none, the discussion moved to the next item.
F. Request from the Tax Assessor to review and approve September 2025 abatements and supplemental bills.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2025 REAL ESTATE ABATEMENTS OF $7,398.02. VOTE 7/0.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE TOTAL 2025 REAL ESTATE SUPPLEMENT OF $9,306.17. VOTE 7/0.
G. Department Reports
4. EMS
5. Library
7. Planning & Community Development
H. Quarterly Reports
2. OCYL
3. Public Works
LICENSES
A. EXTENDED HOURS LICENSE
1. An application for an extended hours license from T.B.D. Pizza, Inc. dba Domino’s, 250 Mendon Road, to Extended closing time from 1:00 a.m. to 2:00 a.m. (Public Hearing-tabled from October 1, 2025)
The Public Hearing opened at 7:44 pm.
The Public Hearing closed at 7:45 pm.
The public hearing was closed at 7:45 PM but immediately reopened at 7:46 PM when Irving Peralta, representing Rob Brevard of the Cumberland Domino's location, joined the meeting by zoom.
The Public Hearing was re-opened at 7:46 pm.
Mr. Peralta explained that Domino's corporate had requested specific stores to extend their hours for the first responders, for the nurses, second shift workers, and for anybody that is looking to order late at night. He clarified that not all Domino's locations were being asked to extend hours, only selected stores.
Councilor Shaw questioned whether actual demand data was supporting the need for extended hours.
Mr. Peralta acknowledged that Rob Brevard, the franchise owner, pushed back on this and doesn't see the benefit of staying an extra hour due to concerns about team member morale and safety. He confirmed no specific data was showing blocked calls after 1:00 AM, it's more or less a brand than Rob driving the request.
Mr. Peralta assured the Council that all drivers undergo background checks and MVR checks, and that an AI system automatically cuts off phone calls at 2:00 AM. He emphasized that safety is number one for us as a brand and as a franchisee owner.
Councilor Bradley expressed concern about setting precedents. He is not interested in Domino's setting the hours of operation for the town of Cumberland. He prefers the Council to do that.
The Public Hearing was closed at 7:53 pm.
MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR METIVIER TO APPROVE. VOTE FAILS 5/2. Councilors Bradley, Magill, Sweet, Beaulieu and Kinch voted nay.
NEW BUSINESS
A. CLAIMS
Referred to the Solicitor’s Office
1. R-25-58 – A resolution authorizing Mayor Jeffrey J. Mutter to execute a contract amendment with Pare Corporation to complete design to replace aging water and sewer infrastructure in the villages of Ashton and Berkeley, utilizing affordable housing grant funds through the Rhode Island Infrastructure Bank in an amount not to exceed three hundred ten thousand nine hundred dollars ($310,900).
Director Mendes explained that the existing sewer system in these villages runs through private property and backyards, consisting of old vitrified clay pipes that are susceptible to root intrusion and blockages. He noted that the department is continuously in that area attending to helping residences with blockages, and they're predominantly on private property. The contract began as an assessment of the existing system and evolved to include order of magnitude costs for both sewer and water main replacement. Director Mendes explained that if they're opening rights of way for sewer work, they'll encounter 90 to a hundred-year-old water main that should be addressed simultaneously. The resolution would use a substantial portion of a $400,000 grant to complete final design plans. He estimated the total project cost at approximately $10 million for both sewer and water projects in the two villages, with funding options including revolving loan funds.
Councilor Bradley asked about trees recently planted in the villages and their potential impact on clay pipes.
Director Mendes acknowledged the concern and assured us that their priority is to ensure that we're not going to affect these lines.
Councilor Beaulieu confirmed that both villages are 100% dependent on town water and town sewer.
Council President Kinch raised the possibility of including the Lippitt area in a larger infrastructure project, given ongoing concerns there.
Mayor Mutter supported considering a general obligation bond large enough to address the villages, Forestdale, New Clark, and Lippitt areas, though he clarified that water and sewer funds would require revenue bonds paid through user fees rather than general obligation bonds.
MOTION BY COUNCILOR SWEET, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
2. R-25-59 – A resolution authorizing Mayor Jeffrey J. Mutter and the Town Council President, Michael L. Kinch to execute a collective bargaining agreement with the Town of Cumberland’s Public Safety Dispatchers, International Association of Fire Fighters, local 2725
The Mayor explained that the agreement covers July 1, 2024 through June 30, 2025 (retroactive) and fiscal year 2026. The agreement provides a 3% retroactive increase for the previous year (costing approximately $11,000) and a 4% increase for FY26. He noted that the $11,000 retroactive payment was not budgeted in the current fiscal year and would need to be monitored.
The agreement includes stipends for training dispatchers and an initial stipend for the dispatch supervisor. Mayor Mutter emphasized that these changes reflect market conditions and that with the Council's help, the dispatch center is now at full staff.
Councilor Beaulieu requested that a fiscal note be attached to the record, which the Mayor agreed to provide.
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
3. R-25-60 – A resolution to approve the application for a low-interest loan through the municipal road and bridge revolving fund managed by the Rhode Island Infrastructure Bank in an amount not to exceed three hundred seventy-four thousand one hundred forty-three dollars ($374,143).
Director Mendes explained that this resolution continues the town's paving program that has been in place for 5-7 years. He reported that of the original $2.3 million, approximately $250,000 remains, which will be used on outlying roads needing attention and a section of Mendon Road where water main breaks have occurred, and DOT is requiring repairs as soon as possible. The new effort involves approximately $560,000 of paving work, with the state providing 33% (about $180,000) and the town borrowing the remainder through this low-interest loan.
Councilor Beaulieu asked why the town is responsible for paving on Mendon Road, a state road.
Director Mendes explained that because the town owns the water utility that caused the damage, they are responsible for repairs. He detailed that in the affected 1,200-foot section, there are areas where pavement has lifted due to water coming up from underneath and patches that have deteriorated over time.
Councilor Metivier clarified that this resolution is just for the loan application, not for spending the funds, which Director Mendes confirmed.
Mayor Mutter added context that this is part of the governor's program offering a 2/3-1/3 funding split, and while they're applying for this funding opportunity, they have other potential funding sources they're exploring.
MOTION BY COUNCILOR SWEET, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
4. R-25-61 – A resolution to approve payment to Statewide Plumbing and Heating Inc. for the emergency replacement of the hot water heater at the Cumberland Public Safety Complex in a total amount not to exceed thirteen thousand eight hundred and fifty dollars ($13,850).
The Mayor explained that the water heater had completely rotted out and was leaking. The 7-year-old unit was out of its 5-year warranty. Three separate vendors confirmed that the existing unit was much larger than needed and replacing it with the same size would result in a much higher cost.
Councilor Beaulieu questioned the short lifespan, asking about the anticipated life expectancy of the new heater.
Mayor Mutter confirmed that commercial water heaters typically have a 5-year lifespan on the high end.
Councilor Beaulieu then asked whether this 5-year life cycle would be accounted for in future facilities budgets.
The Mayor responded that he hopes so.
MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SWEET, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
5. R-25-62 – A resolution authorizing Mayor Jeffrey J. Mutter to enter into an agreement with Indus Incorporated crack sealing services on various town roads in an amount not to exceed ten thousand nine hundred seventy-six dollars ($10,976).
THE RESOLUTION WAS WITHDRAWN
6. R-25-63 – A resolution authorizing payment to Weston and Sampson to replace the well pump and motor For Franklin Farm Well #2 in an amount not to exceed twenty-five thousand nine hundred and sixty-four dollars ($25,964)
Director Ray explained that the well pump motor was found to be acting improperly on Sunday, September 21st. He provided an update that the general manager of Weston and Sampson, Tom Hydro, had reduced the cost by $2,080 for shop labor that was not performed, bringing the actual cost below the requested amount.
Council President Kinch asked about the age of the pump and motor being replaced.
Director Ray believed it was original to the well installation in 2017.
When asked if 7-8 years was an appropriate lifespan, he responded yes, In his experience they should last longer than that.
Director Rau explained that the inspection report did not identify a specific cause of failure, though the thrust bearing in the motor had failed causing catastrophic damage to the compressed bowls underneath. He noted they were not overburdening the well and were pumping far under its capacity. He suggested there might have been a structural integrity failure that didn't manifest in performance until the sudden failure.
Councilor Beaulieu asked whether they would go back to the vendor to check for known issues, which Mendes confirmed had been requested.
He confirmed that the replacement pump is from a different vendor - a Hitachi 8x12 model.
Council President Kinch confirmed the pump was out of warranty and asked about maintenance protocols.
Director Ray explained that wells are supposed to be redeveloped every three years by Rhode Island Department of Health and AWWA standards and confirmed that Franklin Farm was last done in 2022.
MOTION BY COUNCILOR SWEET, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.
C. ORDINANCES for presentation and permission to advertise
1. #25-21 – In Amendment of the Zoning Ordinance relating to Accessory Structures and Accessory Dwelling Units (Presented by the Council President on behalf of the Administration)
Referred to the Ordinance Sub-Committee
2. #25-22 – An ordinance amending the zoning ordinance relating to the subdivision of a lot with multiple residences by special use permit (Presented by the Council President on behalf of the Administration)
Referred to the Ordinance Sub-Committee
3. #25-23 – An ordinance establishing a no parking zone on Old Whipple Street (Presented by Councilor Metivier)
Referred to the Ordinance Sub-Committee
PUBLIC COMMENTS
No public comments.
ADJOURNMENT
MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:28 P.M. VOTE 7/0.