MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, MAY 20, 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 meeting to order at 7:31p.m., noting that Councilor Bradley is absent.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

Council President offered a general announcement, noting that he and the Mayor had attended the Cumberland High School Distinguished Scholars Ceremony the previous day. He extended congratulations to all 30 distinguished scholars, with particular recognition to the valedictorian, Molly, and the salutatorian, Nirupama. He encouraged the full community to join in celebrating these achievements.

 

CONSENT AGENDA

A.    Acceptance of Minutes of Regular Meeting of May 6, 2026 and Special Meeting of May 13, 2026

 

B.     COMMUNICATIONS

1.      C-26-35 – Resolutions from the Town of Exeter

a)      A resolution in support of House Bill 2025-H5202 relating to education and regionalization bonus.

b)      A resolution in support of House Bill H-7446 and Senate Bill S-2691 relating to low-and moderate-income housing – Protection of drinking water supplies.

c)      A resolution in support of interstate enforcement of boating laws of beach pond and improved public safety.

d)      A resolution requesting parity in ambulance service reimbursements for services provided on state owned property.

e)      A resolution in support of Senate Bill S-2917 and House Bill H-8015 relating to towns and cities – Rhode Island Housing Resources Act of 1988

f)       A resolution in support of House Bill H-8029 relating to taxation- collection of taxes generally

 

2.      C-26-36 – A communication from Common Cause regarding testimony in support of H 7676 – An act relating to State Affairs and Government – Open Meetings.

 

3.      C-26-37 – A Resolution from the Town of New Shoreham regarding Public Health Crisis – Deer Resolution

 

4.      C-26-38 – A Resolution from the Town of South Kingstown in support of House Bill 2026-8298 entitled an act relating to capital development – 2026 bond referenda

 

5.      C-26-39 – A Resolution from the Town of Charlestown in support of requesting legislative action to clarify and reaffirm state responsibility for public boating access infrastructure

 

C.    MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE

1.      Team GottaQ BBQ

2.      Ice Cream Machine

3.      Incredabowl Food

4.      Dr Doughboys

5.      Benji’s Seafood

6.      Championship Melt

7.      Pola and Antony

8.      Matilda LLC

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL AND IT IS UNANIMOUSLY TO APPROVE. VOTE 6/0.

PUBLIC COMMENTS

Lisa Parillo, 1 Thompson Hill Drive, came forward to express gratitude to the council for actions taken to address parking and traffic concerns in the neighborhood surrounding Phantom Farms. She reported that police details and no-parking signs had made a substantial and appreciated difference. She noted that over 100 people had been present throughout the morning of the event in question, and that the signage and enforcement were effective, with only one instance of a vehicle parked in violation, which was addressed and removed.

The resident went on to raise concerns about activities at the establishment that she believed may not have been covered by the applicable licenses. Specifically, she noted that in the aftermath of the event, the business advertised live music, a food truck, and a raffle—none of which, she said, appeared on the license application. She further stated that upon researching prior years, she found no event license applications on file for 2024 or 2025 for vendor fairs or the fall festival, and no liquor license application for 2025, despite similar activities having taken place. She asked that these matters be taken under consideration by the council.

She closed by reiterating her appreciation, stating that neighborhood residents had been visibly pleased and were asking how the improvement had come about. She credited the council and the work of the police department and fire chief.

Council President thanked the resident, and a councilor offered additional acknowledgment, specifically crediting staff in the clerk's office—Sandra and Kerri—for coordinating with the police department and working with the business to ensure proper procedures were followed. The councilor said that this collaboration had been invaluable.

REPORTS/COMMUNICATIONS

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

There were no votes from executive session to report.

B.     Update from the School Committee –  

School Committee Chairwoman Amy Vogel, of 10 Wampum Trail, Cumberland, provided the following updates:

·         Enrollment in Cumberland schools has increased by 56 students from the 2024–2025 school year to 2025–2026, which she noted was a positive distinction, as many communities are not experiencing similar growth.

·         Michelle Cotter, the current principal at Garvin Elementary, has been appointed as the new Assistant Superintendent.

·         Amy Godek, a special education preschool teacher, was named Teacher of the Year. Representative Vogel expressed particular pleasure that someone in early childhood education received the recognition.

·         Construction at B.F. Norton is proceeding on schedule.

·         Graduation is scheduled for Friday, June 12, at 6:00 PM.

Council President thanked Ms. Vogel for her continued attendance and wished her a good holiday.

C.    Monthly/Quarterly Financial Report ending April, 2026

No questions were raised regarding the monthly and quarterly financial report ending April 2026.

D.    Check registers for April, 2026

No questions were raised regarding the check registers for April 2026.

E.     Request from the Tax Assessor to review and approve April, 2026 abatements and supplemental bills

 

Councilor Magill recused himself.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SWEET, AND IT IS VOTED TO APPROVE.  VOTE 5/0. 

F.     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

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.

 

LICENSES

A.  HAWKER LICENSE

1.   An application for a Hawker License from Keystone Novelties Distributors LLC d/b/a Keystone Fireworks Tents, 531 N 4th Street, Denver, PA, with a start date of June 24, 2026, through July 5, 2026 located at 3751 Mendon Road, Cumberland.

The applicant's representative, Ed McMahon of 140 Lonsdale Farm Road, Cumberland, appeared and noted that there had been no problems the previous year, and that the tenants had cleaned up the site after the event as requested.

No questions were raised by councilors. Council President acknowledged the smooth operation from the prior year.

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR METIVIER, AND IT IS VOTED TO APPROVE PENDING TENT INSPECTION.  VOTE 5/1. Councilor Shaw voted in the negative.

B.     ENTERTAINMENT LICENSE

1.         An application for a Special Event Entertainment License from Phil Colasante for a Community Car Show located at 15 Arnold Mills Road on June 6, 2026, 10:00 a.m. – 2:00 p.m., with a rain date of June 13, 2026.

An application for a Special Event Entertainment License was presented for a Community Car Show to be held at 15 Arnold Mills Road on June 6, 2026, from 10:00 a.m. to 2:00 p.m., with a rain date of June 13, 2026. Approval would be conditioned upon receipt of the promoter's permit.

Karen Donohue appeared virtually, identifying herself as the school psychologist at Community Elementary School. She explained that the purpose of the car show was to raise funds for the school's PBIS (Positive Behavioral Interventions and Supports) program, which provides supplies such as crayons and fidgets to assist students with behavioral needs throughout the school day. She noted that a similar event was held the prior year at Cumberland High School while Community Elementary was under renovation, and that this would be the second annual car show.

Ms. Donohue acknowledged that the application process had been updated since last year, which contributed to the tight timeline for this year's event. She expressed her intention to begin the process earlier in future years. In response to a question about whether the venue was appropriately sized for the expected vehicles, she confirmed that it was, noting her experience with car shows and clarifying that the event features antique cars and would not involve any disruptive activity.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTE TO APPROVE.  VOTE 6/0.

2.         An application for a Special Event Entertainment License from Cumberland Professional Firefighters Local 2722 for their annual Touch A Truck event at Diamond Hill Park, 4125 Diamond Hill Road, on August 30, 2026 from 9:00 a.m. – 2:00 p.m.

 

Emily Andrews Marzella, of 78 Raccoon Hill Road, West Greenwich, appeared on behalf of the Cumberland Professional Firefighters. Council President noted that this event has been approved many times over the years, likely for 15 to 18 years.

Councilor Magill raised a question regarding the absence of a rain date on the agenda.

Ms. Andrews Marzella confirmed that the rain date is September 13, 2026, at the same time and location.

Town Solicitor suggested, as a matter of procedure, that the council state the rain date on the record and condition approval on Parks and Recreation confirmation to ensure no scheduling conflict existed.

Councilor Shaw raised the additional concern that another annual car show is typically held in the same timeframe and that it was not clear whether the rain date had been cross-checked.

Ms. Andrews Marzella clarified that she had already met with Parks and Recreation and that both the primary date and the rain date had been approved through that department.

Council President and the Town Solicitor acknowledged this, with the Solicitor noting that if the applicant was confident in that approval, no further action would be needed.

MOTION BY COUNCILOR SHAW AND SECONDED BY COUNCILOR MAGILL AND COUNCILOR SWEET TO APPROVE WITH A RAIN DATE OF SEPTEMBER 13, 2026.  VOTE 6/0.

 

3.         An application for a Special Event Entertainment License from Ocean State Brewing Company for Parking Lot Takeover event located at 30 Martin Street on June 14, June 27, July 5, July 19, August 9, and August 22, 2026 from 12 p.m. to 6 p.m.   

 

No representative present.

 

Council President noted that the event is a "takeover" event and that music is presumably involved, and confirmed with staff that the promoter's permit requirement was noted. No discussion or questions were raised.

 

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR MAGILL, AND IT IS

UNANIMOULSY VOTED TO APPROVE.  VOTE 6/0.

 

OLD BUSINESS

A.  ORDINANCES for PUBLIC HEARING  

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

 

2.    #26-05 – An ordinance authorizing the placement of a one-hour parking sign on E. Kilburn Street (Presented by Councilor Metivier)

 

3.    #26-06 – An ordinance amending the code of ordinances regarding the disposition of public property (Presented by Councilor Sweet)

 

4.    #26-07 – An ordinance amending the code of ordinances regarding special event entertainment licenses (Presented by Councilor Sweet)

 

5.    #26-08 – An ordinance setting certain tax exemptions on real and personal property (Presented by the Council President on behalf of the Administration)

 

6.    #26-09 – An ordinance repealing chapter 4, Article I § 4-6 relating to household pets in buildings over a certain height (Presented by Councilor Sweet)

 

7.    #26-10 - An Ordinance amending Chapter 34 of the Code of Ordinances relating to Claims (Presented by Councilor Shaw)

Councilor Beaulieu moved that all seven ordinances be tabled to the June 17 council meeting, explaining that no ordinance subcommittee meetings had been held in the past few weeks and that she had no availability to schedule one before then.

Councilor Metivier raised a concern specifically regarding Ordinance #26-05 relating to E. Kilburn Street, noting that a barbershop in the area had been experiencing parking difficulties for some time and asking whether that item could be advanced to an earlier meeting.

Councilor Beaulieu acknowledged the request but reiterated that her schedule did not permit an earlier subcommittee meeting and that she was unaware of the specific issue at that location.

Town Solicitor interjected to clarify for the council that ordinances are not legally required to pass through the ordinance subcommittee before being heard by the full council—that it is a matter of practice, not legal requirement. She stated she wanted to ensure the council understood they had the option to proceed if they chose, though she was not advocating for or against doing so.

Council President acknowledged the Solicitor's point but indicated that for the sake of consistency, all items would proceed to the subcommittee together. He noted that even if Councilor Beaulieu could not hold the subcommittee meeting earlier, the barbershop owner would at least have the comfort of knowing a resolution was forthcoming.

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS VOTED TO TABLE ORDINANCES #26-04 THRU #26-10 TO JUNE 17, 2026.  VOTE 5/1.  Councilor Metivier in the negative.

9. NEW BUSINESS

A.    RESOLUTION

1.      R-26-27 – A resolution authorizing Mayor Jeffrey J. Mutter to direct Pare Corporation to amend the engineering plans for the permanent Rawson Pond dam.

 

Mayor Jeffrey Mutter addressed the council to provide background and context on the resolution. He explained that Resolution 25-55, approved September 3, 2025, had previously authorized Pare Corporation to complete the design through the bid stage at a cost of $138,300. That original scope was premised on construction access being available from both sides of the dam, as there are two adjacent property owners. The Mayor noted that Pare Corporation had indicated in their original presentation that constructing from only one side would increase costs by approximately $100,000—not including any additional change order costs to redesign the plans for single-side access.

The Mayor described a protracted and difficult process of seeking written access agreements from both property owners. He explained that there had been a sequence of signatures, rescissions, and further changes, characterizing the process as "it's been less than yes." However, he stated that as of the placement of Resolution 26-27 on the docket, both property owners had, in fact, signed the necessary access agreements, and that the situation had evolved favorably in the days immediately prior to the meeting.

Despite this, the Mayor stated plainly that he was bringing the resolution forward as a contingency measure and was, in fact, imploring the council to vote no. His reasoning was that a "yes" vote would authorize Pare Corporation to redesign the plans for single-side access—an additional and unnecessary expenditure in his view—in the event that either property owner subsequently withdrew consent. He argued that it was inappropriate to ask the town's approximately 8,700 water users to absorb unnecessary additional costs, particularly when one of the property owners directly benefits from the project. He stated clearly: "I don't believe anyone should pay any more than they have to." The Mayor also noted that a vote of no would mean that if any property owner withdrew consent after this point, the project would stop.

He further expressed deep frustration at suggestions that the town should pursue eminent domain or enforce a previously notarized signature that had since been rescinded. He stated that while the easement could technically provide access to one side of the property, it would not reach the necessary access point on the other side. He categorically rejected the notion of proceeding over a property owner's objection, calling it "a bridge too far" personally and professionally.

The Mayor went on record to strongly defend the quality and transparency of the administration's communications throughout the process, stating: "I have spent many Friday afternoons on Zoom meetings. I have been to that property multiple times, 45 minutes to an hour, freezing outside in a driveway." He said any suggestion that communication had been less than appropriate was "not truthful".

Councilor Sweet asked whether the Mayor had received requests from residents to consider eminent domain. The Mayor clarified that the requests were not so much for outright eminent domain but were arguments that a notarized signature, once obtained, should be considered binding and enforced, combined with references to the existing easement. Councilor Sweet stated for the record that she was "not going to be voting for anyone to take land from somebody ever, especially for a noncritical project" and called the suggestion "a little shocking."

Councilor Shaw asked for clarification on the precise effect of each vote outcome. The Mayor confirmed: a "yes" vote would authorize redesign for single-side access and allow the project to continue even if a property owner pulled out; a "no" vote would keep the current status quo, meaning if either property owner withdrew, the project would stop, and the Mayor would return to the council before spending any additional money. Councilor Shaw expressed full agreement with staying the course and praised the long record of transparency by both the council and the administration.

Councilor Beaulieu observed that during the first vote to authorize the design, some of the community input had been "quite objectionable," while some was passionate and legitimate. She stated that if that type of behavior continued, she would not be able to support the ultimate project, and reiterated that she found requests for the town to act against a property owner's wishes to be deeply objectionable, particularly given the town's supportive efforts throughout the process. She announced she would vote no both on this resolution and in the future if such behavior persisted.

Council President opened a public hearing on Resolution 26-27 at 8:15 PM.

Keith Davignon, of 75 Newell Drive, appeared and identified himself as speaking on behalf of himself and the Rawson Pond Alliance, a group representing approximately 25 to 30 families on the pond and over 100 in the surrounding area. Mr. Davignon stated that he was not there to speak for or against the resolution itself, but rather to express appreciation to the council and the Mayor for their sustained efforts, and to make clear that the objectionable communications referenced earlier in the meeting were "an outlier" and "an aberration" that did not reflect the views of the neighborhood group. He praised the Mayor specifically, saying: "He's going above and beyond what I feel he really needs to have done to involve the community." He confirmed that there had been countless Zoom meetings and ongoing communication, stating that anyone who said otherwise was simply wrong. He also shared optimism about the upcoming bid process, stating from his technical background that he believed the bids would come in better than anticipated. He closed by thanking the council and the Mayor for keeping the project alive and allowing community members to participate in meetings with the engineers. He also expressed his belief that recent developments involving the property owner access were the result of misunderstandings, not miscommunications, and stated that in conversations held in the hours before the meeting, he believed those issues had been cleared up.

Council President acknowledged Mr. Davignon's remarks and noted that the council, as a seasoned group, understands that things can sometimes become misunderstood in a charged process.

The public hearing was closed at 8:19 PM. No other members of the public spoke.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS VOTED TO APPROVE RESOLUTION R-26-27 BY A ROLL CALL VOTE.  VOTE FAILED 6/0 WITH ALL MEMBERS VOTING IN THE NEGATIVE. 

 

B.     APPOINTMENTS

Note: Per Council President's announcement at the outset of the meeting, the Appointments items were taken up at the beginning of the meeting, following the Pledge of Allegiance.

 

1.      BOARD OF CANVASSERS

(3 members for 6yr terms & 2 alternates for life terms, appointed by the Mayor from a list provided by the Town Committee Chair)

 

George Gregory Sisca, II, alternate, will be appointed as a full member, replacing Jason Kirkpatrick, who has resigned., term to expire February 28, 2027

 

Council President also noted for the record that Mr. Sisca arrived at the meeting during the course of the evening, having been notified that his appointment had already been voted on as the item was moved up.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

 

2.      CUMBERLAND HOUSING AUTHORITY

(5 Member Board appointed by the Town Council – 5-year terms)

 

Chris Alger, re-appointment, term to expire June 30, 2031

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

 

3.      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

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT IS UNANIMOUSLY VOTED TO APPROVE.  VOTE 6/0.

 

10.  PUBLIC COMMENTS

 

11.  ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 8:20P.M.  VOTE 6/0.