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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

COUNCIL CHAMBERS

45 BROAD STREET, CUMBERLAND, RHODE ISLAND

CALL TO ORDER

Council President called the meeting to order at 7:32p.m., noting that all council members were present for the record.

PLEDGE OF ALLEGIANCE

Councilor Shaw offered congratulations to his son and all graduates participating in the University of Rhode Island commencement ceremonies on May 15th, 16th, and 17th, noting it is a tradition of his to recognize upcoming graduates at council meetings. He noted his son will continue to a master's program and expressed anticipation for making the same announcement next year.

CONSENT AGENDA

A. Acceptance of Minutes of the Special and Regular Meetings of April 15, 2026.

COMMUNICATIONS

1. C-26-30 – Resolutions from the Town of Exeter

a.) A resolution from the Town of Exeter in support of House Bill 2026-H7049 and Senate Bill 2026-S2147 adjusting primary election day to Wednesday after Labor Day.

b.) A resolution in support of Rhode Island House Bill H7224

c.) Letter to the Honorable Daniel J. McKee regarding support for the Blue-Ribbon Commission report regarding Equalizing Opportunity: Creating a fair and transparent funding system for Rhode Island Public schools.

d.) A resolution opposing Senate Bill 2389 and House Bill 7305 relating to the Access to Public Records Act (APRA)

2. C-26-31 – A resolution from the Town of Warren to the Honorable RI General Assembly in opposition to H7369

3. C-26-32 –Resolutions from the Town of Charlestown

a.) A resolution concerning municipal authority over land use and housing decisions

b.) A joint municipal statement regarding 2025 State Affordable Housing Laws

c.) A resolution concerning Senate Bill S2275 relating to Comprehensive Permit Review and Affordable Housing Unit Accounting.

d.) A resolution identifying shortcomings in the Housing 2030 element of the Rhode Island State Guide Plan

4. C-26-33 – Resolutions from the Town of Portsmouth

a.) A proclamation for the 57^th Annual Professional Municipal Clerks Week, May 3-9, 2026

b.) A proclamation perpetually proclaiming April 24^th as “Armenian Genocide Remembrance Day”

5. C-26-34 – An invitation from the Lusitana Club to attend their Annual Memorial Day Parade on Monday, May

25^th at 9:00a.m.

C. MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE

1. Twisted Churros

2. Supa Dupa Food Truck

3. Pretty in Pink

4. The Sticks Pizza Co

5. Binge BBQ

6. Khonny’s Korner

7. Newport Creamery Restaurants LLC

8. Baby Duck LLC

9. Nanu Burmese Fusion RI

10. Cousins Maine Lobster

11. Angkor Boba Tea House

12. Jerry’s Food Concessions

13. Cordeiro Confections LLC

14. Cultro LLC

15. Bem Bom LLC

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

PUBLIC COMMENTS

No members of the public or virtual attendees came forward to address the Council.

REPORTS/COMMUNICATIONS

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

The Council President reported that no votes were taken in Executive Session requiring a report.

LICENSES

A. ENTERTAINMENT

1. An application for a special event entertainment license from Parks & Recreation Director Michael Crawley for the Fourth of July Celebration held on July 3^rd at Tucker Field from 4:00 p.m. to 10:00 p.m. with rain dates July 5, 6, & 10, 2026.

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

2. An application for a special event entertainment license from the Cumberland Youth Baseball Softball League for the Opening Day Parade on May 9, 2026 at 3587 Diamond Hill Road.

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

3. An application for a special event entertainment license from Arnold Mills Parade Association for the Arnold Mills July 4^th Parade and Road Race on July 4, 2026 located on Nate Whipple Highway.

Amy Farrell, Treasurer and Committee Member of the Arnold Mills Parade Association, appeared on behalf of the organization, conveying regrets from Chairperson Joyce who was unable to attend. Ms. Farrell noted the application is substantially the same as the prior year's and confirmed they are requesting use of the Lodge the evening prior to the event for road race packet pickup, as was done successfully last year. She acknowledged the outstanding requirements of a promoter's permit, DOT permit, and a signed lease agreement, and confirmed they would execute the lease as soon as it is made available. The license was approved pending receipt of all required documentation.

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

4. An application for a special event entertainment license from Phantom Farms for a Vendor Fair on May 9, 2026 located at 2920 Diamond Hill Road.

Linda Parillo of 1 Thompson Hill Drive addressed the Council with concerns regarding the Phantom Farms vendor fair scheduled for May 9, 2026. Ms. Parillo described recurring and significant parking overflow from Phantom Farms events into the surrounding neighborhood, citing blocked mailboxes and driveways, vehicles in residents' yards, and patrons entering the adjacent orchard. She questioned the accuracy of the applicant's stated parking capacity, noting discrepancies between figures provided to the Department of Business Regulation (80 spaces) and figures on the entertainment license application (50–75 spaces). She further questioned how staff could legally direct traffic onto neighborhood streets and raised concerns about the adequacy of public notice given the application was submitted just days before the event.

Councilor Sweet stated her intention to vote no, citing several concerns: the late submission of the application despite prior discussions with the applicant in early April; the implausibility of an event with 41 vendors expecting only 100 total attendees; and the confirmation from the Fire Chief that emergency vehicles could not pass through adjacent streets when cars are parked on both sides. She expressed frustration that no representative from Phantom Farms was present to address these issues. She noted she had been in correspondence with the Police Chief regarding implementing temporary one-sided parking restrictions on adjacent streets and planned a follow-up call with him the following day. Councilor Sweet also noted she had presented a proposed ordinance to extend the required lead time for special event license applications, which was before the Council that evening.

Councilor Shaw stated he would be inclined to vote in favor of the single event, given that public safety officials had reviewed and approved the application but emphasized that the process had raised significant red flags. He noted that directing traffic in the street legally requires a police detail, and questioned what attendance threshold should trigger a detail requirement. He stated he would vote in favor only with the stipulation that at least one police detail officer be assigned to the event, with a follow-up report afterward.

Council President expressed agreement with Councilor Shaw's approach, noting that a police officer on scene would offer peace of mind to residents and allow the Council to better gauge the situation before the heavier fall event schedule begins.

Councilor Beaulieu indicated she would vote no, citing the business owner's responsibility to be a better neighbor, though she expressed willingness to reconsider in the future based on improved conduct.

Councilor Bradley raised the procedural point that, should attendance significantly exceed what was stated on the application, police officers on duty retain the ability to respond, though he acknowledged this falls short of a planned detail and noted that resource availability on any given day is not guaranteed. He emphasized that applicants bear responsibility for providing accurate attendance estimates, as public safety agencies make staffing decisions based on those representations.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, TO APPROVE THE LICENSE WITH THE STIPULATION THAT A POLICE DETAIL BE PRESENT AT THE EVENT. VOTE 5/2.

NAY VOTE: Councilors Sweet and Beaulieu

5. Amending the approved Special Event Entertainment License from Cumberland Parks & Recreation for the 2026 Diamond Hill Park Food Trucks and Events to include a rain date of May 7, 2026, in place of April 30, 2026 (approved February 4, 2026, Town Council meeting).

An amendment to the previously approved Special Event Entertainment License for the 2026 Diamond Hill Park Food Trucks and Events program, substituting May 7, 2026, as a rain date in place of April 30, 2026.

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

OLD BUSINESS

1. R-26-19 –A resolution authorizing and empowering Mayor Jeffrey J. Mutter to enter into a contract renewal with

Retrofit Technologies for IT Managed Services, Microsoft Licensing, and Barracuda Security Licensing

(tabled from April 15, 2026)

Mayor Mutter requested that the resolution be tabled for one additional meeting until May 20, 2026.

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

NEW BUSINESS

A. RESOLUTIONS

1. R-26-23 – A resolution in support of municipalities collaborating in reviewing, analyzing, and responding to

the affordable housing laws

Council President introduced the resolution, noting it mirrors resolutions adopted by many other Rhode Island cities and towns. He explained that recent state housing legislation, enacted since 2024, has eroded municipal authority over local affairs as protected under the Rhode Island constitution and home rule charter, and that the resolution seeks to secure a seat at the table with the legislature to restore some of that flexibility.

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

2. R-26-24 – A resolution authorizing a change order for pare corporation relating to engineering services for the

Ashton and Berkeley sewer replacement project in an amount not to exceed twenty-three thousand

eight hundred dollars ($23,800)

Director Mendes explained that the state grant funding the project requires 15% of engineering work to be allocated to Minority Business Enterprise (MBE) or Women's Business Enterprise (WBE) firms. The firms PARE had originally planned to utilize for geotechnical and ancillary work were unavailable, so the approach was revised: PARE's original survey scope was reduced to cover Ashton Village only, while a Connecticut-based MBE surveying firm was engaged for Berkeley Village. The difference in rates between the two firms accounts for the $23,800 increase, bringing the total engineering contract from approximately $310,000 to approximately $335,000.

Councilor Beaulieu confirmed that the full change order amount remains covered by the grant.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY TO APPROVE. VOTE 6/1.

NAY VOTE: Councilor Sweet

3. R-26-25 – A resolution authorizing a change order to Roofmasters for work on the Old Police Station in an

amount not to exceed nineteen thousand two hundred and twenty-two dollars and sixteen cents

($19,222.16).

Building Official Larry Enright participated remotely to explain the change order. Upon stripping the existing shingles, contractors discovered extensive water damage to the roof underlayment and plywood, which was delaminating upon removal. Further investigation revealed that the tops of roof trusses on the rear and left sides of the building, not visible from the interior, were significantly deteriorated. To properly close up the building, it was necessary to sister and replace damaged trusses and to upgrade the roof sheathing from the existing half-inch to five-eighths inch, which is code-compliant for a two-foot span. Councilor Bradley inquired whether the conditions had been visible during the bidding process; Mr. Enright confirmed they were not, as the damage only became apparent once sheathing removal began. Councilor Beaulieu asked about the age of the original roof; Mr. Enright estimated it dated to when a second floor was added to the original single-story building and noted there may have been an overlay applied at some later point.

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

4. R-26-26 – A resolution approving a contract template for rental of The Lodge at Diamond Hill Park.

Mayor Mutter explained that the rental contract template has been in use since the Lodge's opening, but that the Town Solicitor advised it should be formally approved by the Council. No changes were made to the existing template.

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

B. ORDINANCES for presentation and permission to advertise

1. #26-04 – An ordinance amending Code of Ordinances relative to truck routes (Presented by Councilor

Metivier)