MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, FEBRUARY 18 , 2026 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 called the regular scheduled meeting of the Cumberland Town Council to order at 7:47 PM.

He noted for the record that all council members were present.

 

PLEDGE OF ALLEGIANCE

The scouts from Troop 1 and Troop 12 came forward and positioned themselves in front of the council. They led the assembly in reciting the Pledge of Allegiance.

 

GENERAL ANNOUNCEMENTS

Council President Kinch began with a solemn announcement, asking for patience as he prepared to request a moment of silence for neighbors who suffered during a recent tragedy at Dennis M. Lynch Ice Arena.  He stated that on behalf of the Cumberland Town Council, he passed on their sincere condolences to the victims and families of that terrible tragedy that took place at the Dennis M. Lynch Arena and to also the City of Pawtucket and all the schools that were participating on both teams.  He noted that as a former hockey parent himself, he acknowledged how deep and committed the hockey community is. He then asked for and led a moment of silence for those who had passed.

 

CONSENT AGENDA

A.    Acceptance of Minutes of the Special Joint Meeting of the Town Council and School Committee on February 3, 2026 and Regular Meeting of February 4, 2026.

 

B.  COMMUNICATIONS

1.  C-26-01 – A resolution from the Town of Hopkinton urging the Governor and General Assembly restore General  Revenue sharing to RI Cities and Towns.

 

2.  C-26-02 – A resolution from the Town of Burrillville in support of House Bill 7049 and Senate Bill 2147 adjusting Primary Election Day to Wednesday after Labor Day

 

3.  C-26-03 – A resolution from the Town of West Greenwich in support of Senate Bill S2275 and House Bill H7447 relating to low- and moderate-income housing – comprehensive permits.

 

4.  C-26-04 – A resolution from the Town of West Greenwich in support of House Bill H7127 relating to transfer of management of Big River Reservoir Lands to the Rhode Island DEM for use as open space.

 

5.  C-26-05 - Resolutions from Portsmouth

1.      A resolution in support of municipalities collaborating in reviewing, analyzing and responding to the 2025 affordable housing laws.

2.      A resolution regarding low- and moderate- income housing

3.      A resolution requesting the general assembly to consider amending legislation relating to accessory dwelling units.

4.      A resolution in support of legislation to modernize and standardize the access to public records act (APRA).

 

       C.  MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE

1.   Palagi’s Ice Cream

2.   Kona Ice of Warwick

3.   Blount Fine Foods

4.   FYR Grill

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT WAS UNANIMOUSLY VOTED TO APPROVE THE CONSENT AGENDA. VOTE 7/0.

PUBLIC COMMENTS

Council President Kinch reported that the council took no votes in executive session.

 

REPORTS/COMMUNICATIONS

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

 

B.     Request from Rocely Urizar for a time extension from 10:30 p.m. to Midnight on April 11, 2026 for a wedding at The Lodge at Diamond Hill, possible vote. (tabled from February 4, 2026)

 

Council President Kinch introduced the item, noting that the applicant was joining via Zoom. He explained that they asked her to appear before them because they haven't had a request for extension to date, and they had some questions.  He asked if they were active service in the military to which the applicant confirmed they both were.   

 

Councilor Sweet inquired about the start time questioning if there is the ability to start any earlier

 

Ms. Urizar explained that unfortunately, there is not because the ceremony itself will be at 5p.m. in Bristol, and it just doesn't really allow to start any sooner.

 

Councilor Sweet asked Mayor Mutter if he feels they are equipped to handle an event that's going until midnight given cleanup and everything else that must happen. 

 

Mayor Mutter responded they are prepared to do whatever needs to be done to take care of that event. If there is an event the following day, they’ll make sure that they be prepared to honor that commitment.

 

Councilor Sweet noted that she is inclined to vote in favor because of some very specific circumstances around the active-duty service, limited ability to change the schedule and things. But she emphasized that people must understand it's not going to be open season, and she thinks events shouldn’t be happening at the lodge until midnight regularly. She’ll be interested to see how this event goes for the neighborhood but is inclined to vote in favor because of those circumstances.

 

MOTION BY COUNCILOR METVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE EXTENSION OF THE EVENT HOURS.  VOTE 7/0.

 

C.    Update on the Rawson Pond Dam Permitting

 

Mayor Mutter provided an update on the Rawson Pond Dam permitting process. He explained that they’re a little bit behind what we had anticipated.  The Mayor shared information from an update provided by PARE Corporation.  They currently expect that the permits will be received within 3 to 4 months of submission. However, actual review times are dependent on DEM's workload.  He explained that they were still waiting on one attestation form because one of the property owners is in Florida.  He then noted that they anticipate the permit submission by the end of February and receiving all permits by the end of June. That would put them back on bidding the project that they anticipate will take 2 months tracking towards the September start of construction.  Right now, at least getting us to the point where the permit would be reviewed, and then they will put it out to bid, and then there'll be something brought in front of the council for consideration in September.  He stressed that they need to get the construction started this year. He concluded that they’re still on schedule, but it’s tight.

 

D.    Monthly/Quarterly Financial Report ending January 2026

 

E.     Check registers for January 2026

.

Councilor Beaulieu raised a question relating to page 30, the revenue for police detail.  She noted the year to date revenue is 543,606. She also asked if that is what is budgeted for police details. 

 

Mayor Mutter explained that he believed the general fund budget for fund 315 was $265,000. He further detailed the mechanics of the fund, noting that it began with a balance of $315,000 as of June 30, 2025, and that the final total was determined by adding revenues and deducting expenses.  He reported that his most recent check that day showed the fund had a net positive of approximately $70,000. While the town had budgeted $265,000, he noted that the fund balance had been higher in previous years and was being gradually reduced. He warned that if current trends continued, the town would not be able to appropriate the same amount for the 2027 fiscal year.  The Mayor clarified that while the $265,000 appropriated for the current year would be met, the final figure depended on the starting balance, incoming revenue, and associated expenses. He confirmed that the fund currently held more than the required amount and offered to provide a balance sheet for fund 315 before the end of the meeting.

 

Councilor Beaulieu noted that, reading the figures at face value, he had been curious if other circumstances, such as state activity, were generating more revenue, but he concluded that did not appear to be the case.

 

Mayor Mutter clarified that while the town was currently generating more revenue than it was expensing, that had not always been the case. He explained that in previous years, revenue had been generated without being appropriated, which was why they had begun incorporating it into the general fund. He reiterated his offer to provide an updated report before the conclusion of the meeting.

 

F.     Request from the Tax Assessor to review and approve January 2026 abatements and supplemental bills

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOULSY VOTED TO APPROVE THE TANGIBLE ABATEMENTS IN THE AMOUNT OF $38.60.  VOTE 7/0.

 

G.    Department Reports

1.      Animal Control

2.      Building Committees

3.      Building Official

4.      EMS

5.      Library

6.      Parks & Recreation

7.      Planning & Community Development

8.      Police Department

9.      Senior Services

10.    Town Clerk’s Office

 

 

LICENSES

A.    2025-2026 LICENSE RENEWALS

       THIRD CLASS VICTUALLING HOUSE LICENSE

1.      Roses Italian Bakery dba Juliana’s Italian Bakery, 1181 High St (Pending Fire Approval and Building) (tabled from February 4, 2026)

 

Glenn Conway of Warwick, Rhode Island, introduced himself as a representative for the applicant.

 

President Kinch addressed Mr. Conway, explaining that the item had been delayed for some time. While he understood the bakery was ready to operate, he questioned why there had been a lack of cooperation with town building officials.

 

Mr. Conway responded candidly, explaining that as a small restaurant group operating multiple locations, the delay was due to an internal organizational failure rather than a lack of concern.  He updated the Council on the status of the project, noting that electrical work and the demolition permit had been addressed. He explained that securing a plumber to pull a permit in a timely manner had proven difficult, but he committed to personally ensuring the permit was pulled and the work certified by both a plumber and a building inspector if granted an extension.

 

President Kinch thanked Mr. Conway for taking responsibility but reminded him that maintaining communication with government bodies was essential for staying in business. He noted that the Council had been business-friendly by granting several extensions, but their patience was reaching its limit.

 

Councilor Shaw added that while he did not want to close businesses, accountability was necessary. He suggested approving the victualling license on the condition that the Council receive a progress report by the first meeting in April.

 

Councilor Beaulieu asked for a timeline for completion.

 

Mr. Conway clarified that the physical work was already finished, including recent fire safety installations like strobe lights and smoke detectors. He explained that the only remaining steps were pulling the plumbing permit and receiving final inspections. He confirmed that nothing prevented him from contacting a plumber within the next few days and estimated that everything could be finalized within 30 days.

 

Councilor Beaulieu expressed a preference for a 30-day extension rather than a conditional license and asked the Town Solicitor about potential liability.

 

The Solicitor replied that while liability was always a possibility, the town’s priority was public health and safety. He noted that because the work was reportedly complete and only needed certification, there did not appear to be an immediate safety issue.

 

Councilor Sweet agreed with the 30-day extension, stating she would feel more comfortable ensuring all requirements were met before a final vote on the license.

 

Councilor Shaw also agreed to the shorter 30-day timeframe.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED APPROVE AN EXTENSION TO MARCH 18, 2026.  VOTE 7/0. 

 

B.  VICTUALLING HOUSE LICENSE

1.   An application for a First-Class Victualling House License from Upper Deck Baseball Academy LLC located at 75 John C. Dean Memorial Boulevard.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL AND COUNCILOR SWEET, AND IT IS UNANIMOULSY VOTED TO TABLE TO MARCH 4, 2026. VOTED 7/0.

 

C.  ENTERTAINMENT LICENSE

1.   An application for a Special Event Entertainment License from New England Mountain Bike Association for the Eastern States Cup Enduro Series event located at Diamond Hill Park on April 24, April 25, and April 26, 2026.

 

Council President Kinch introduced the item and inquired if the applicant was present, prompting Charles Picard of Providence to come forward.

 

Mr. Picard introduced himself as the vice president of the New England Mountain Bike Association and explained that the organization sought to bring back a race to Diamond Hill Park to celebrate the tenth anniversary of the first event held there. He stated that the goal of the nonprofit was to raise funds for outdoor activities in Rhode Island, including a multiuse trail project at Echo Lake and the expansion of bike activities at the local town park.

 

President Kinch asked when the event was last held at Diamond Hill. 

 

Mr. Picard replied that it had occurred in 2022. In response to the President's query about whether the race still fits with recent park changes, Mr. Picard noted that the 2022 event had broken regional success records. He added that the participant cap had been reduced to 250 to accommodate changes in parking and potential scheduling conflicts with other activities like lacrosse.

 

Councilor Sweet raised concern regarding documentation that suggested a portion of the park would be closed from Saturday morning through Sunday evening.

 

Mr. Picard clarified that the wording was a contingency for a potential wedding and that they had worked with the Parks Director to ensure staff access via Fisher Road while minimizing traffic near the lodge.

 

Councilor Sweet noted that town ordinances prohibited closing the park to the public.

 

Mayor Mutter interjected to clarify that the race day, the 26th, was not actually booked for any other event and that he had requested no other rentals be entertained that day to ensure public safety and multiple points of egress. The Mayor expressed confidence that any logistical issues could be negotiated.

 

Councilor Sweet asked if the organization was diligent about removing trash and trail markings.

 

Mr. Picard assured her that they had extensive experience and a committed volunteer community that ensured all debris was removed within 24 hours of the event's conclusion.

 

Councilor Sweet also asked if the race would be contained to Diamond Hill Park to avoid interfering with hikers in areas like Mercy Woods.

 

Mr. Picard confirmed that Mercy Woods was entirely off the table. He explained that while they were also seeking a state permit for the opposite side of the road, they were reducing their footprint to avoid wetlands and simplify the process. He added that they would coordinate with the police to manage the road crossing safely.

 

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

 

NEW BUSINESS

A.    APPOINTMENT

PLANNING BOARD

(9 Member Board; 3-Year terms with 4 At-Large members appointed by the Town Council, and 5 Mayoral appointments for each district)

 

      James St. Thomas, At-Large Member term to expire January 31, 2029

 

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

 

       PENSION BOARD & OPEB

       (3 Member Board appointed by the Town Council -3 year terms)  

 

       Patrick Hogan, replacing Irene Schmitt term to expire January 31, 2029

 

Council President Kinch noted the applicant couldn't forward his resume and materials in time, so he asked to table this until the March 4th agenda.

 

B.     ORDINANCE

1.  #26-01 – An ordinance amending sections of the Code of Ordinances relating to Stormwater Management, Flood Hazards, Soil Erosion and Sediment Control, and Utilities (Presented by Council President on behalf of the Administration)

 

REFERRED TO THE ORDINANCE SUB-COMMITTEE

 

1.  #26-02 – An ordinance amending the fee schedule for the Lodge at Diamond Hill Park (Presented by Council President and Councilor Beaulieu (Presented by Council President and Councilor Beaulieu)

 

REFERRED TO THE ORDINANCE SUB-COMMITTEE

 

C.    RESOLUTIONS

1.      R-26-08 – A resolution authorizing and empowering Mayor Jeffrey to engage Cam HVAC and Construction, Inc. for replacement of the boiler at 1512 Mendon Road for twenty-one thousand one hundred Ninety-four dollars and eight cents ($21,194.08).

 

The EMS Chief Scott Dessert explained that the boiler at the station had stopped working for several days in mid-January. He noted that after CAM HVAC performed emergency repairs, the technician informed him that the system's parts were obsolete. The Chief confirmed through his own research that the manufacturer had gone out of business the previous November and that replacement parts were legitimately scarce.  He further stated that the quote covered both the labor and the supply of the new boiler and noted that the contractor was on the state Master Price Agreement list. The Chief added that, pending approval, he was still investigating energy-efficient options through the state and looking into available rebates. He described the resolution as a placeholder that would allow the department to move forward on an emergency basis if the boiler failed again.

 

In response to a question from Councilor Sweet regarding whether the station had been without heat in January, the Chief clarified that wall-mounted units had provided warmth. However, he noted that the crew lacked hot water for showers during that time, and while they had access to facilities at a second station, the situation was not ideal.

 

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

 

PUBLIC COMMENTS

Thomas Grimes of 23 Southbury Road asked the Council members whether they preferred waffles or pancakes.

 

Council President Kinch expressed a preference for pancakes.

 

Councilor Sweet chose waffles.

 

Mr. Grimes agreed that waffles were superior. President Kinch eventually tallied the informal votes and noted that waffles had won by a count of four to three.

 

Councilor Beaulieu then addressed the scouts in attendance, thanking them for their dedication to earning their badges. She explained that all Council decisions were part of the public record on the town website and highlighted that department reports for animal control, the police, and the library were also available. She noted that the minutes of the current meeting, including the informal vote on waffles, would be posted for public review.

 

Councilor Shaw then requested that the Council observe a moment of silence for the passing of former district 5 council member Brian Desmaris,

 

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, TO ADJOURN AT 8:30P.M.

VOTE 7/0.