MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, OCTOBER 7, 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 Kinch called the meeting to order at 7:33 PM. All members of the council were present.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

Councilor Shaw requested a moment of silence in honor of Amy Jean Roselle, sister to Christine Thompson and sister-in-law to Senator Brian Thompson, asking the council and public to keep the family in their thoughts and prayers.

 

Council President Kinch reminded attendees that the Cumberland Land Trust annual meeting was scheduled for the coming Saturday at 10:00 AM and encouraged the public to attend.

 

CONSENT AGENDA

A.     Acceptance of Minutes of the Regular Meeting of September 16, 2026 and Special Meeting of September 30, 2026

 

B.      MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE

1.       Wiener Wagon LLC

2.       Phantom Farms II LLC

3.       Love Language Foods LLC

4.       Cassava LLC

 

C.     COMMUNICATIONS

1.       C-26-56 – A communication from the Town of Exeter in support of municipalities collaborating in reviewing, analyzing, and responding to the 2025 affordable housing law

 

2.       C-26-57 – DEM Notice of Violation regarding Assessor’s Plat 45, Plat 39

 

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

 

PUBLIC COMMENTS

Anthony Phillips, 15 Elizabeth Street, expressed concern about President Trump’s federal funding cuts affecting individuals with special needs and programs such as Special Olympics. He also raised the issue of convicted felons being permitted to run for public office in Rhode Island despite being ineligible to vote and asked the council to look into the matter at the state level. He concluded by thanking Mayor Mutter for his service to the community.

Julie Vanderheide, 14 Katie Lane, addressed the council as the parent of a Cumberland High School student who had recently attempted suicide. She stated that the school's H-6 Suicide Prevention Policy — a seven-page document within the school handbook covering staff training, student education, crisis response procedures, referral protocols, parental involvement, and reentry support — was not being followed. She noted that no one from the school administration had contacted her in the weeks since the incident and that there was no accountability or follow-through. She pointed to data showing that CHS students have one of the highest rates of mental health issues in the state and challenged the council to hold the administration accountable to its own policies before approving further school funding. She concluded that this is not another agenda item. This is my son's life.

 

REPORTS/COMMUNICATIONS

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

 

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

 

B.      Presentation by Steven Bacon on Property Flooding Issues

 

Steven Bacon, 203 Nate Whipple Highway, Cumberland, appeared before the council accompanied by his wife, Susan, to request that the town require the Cumberland Land Trust—as managers of the James L. Land Preserve and the Atlantic White Cedar Swamp—to create and implement a plan to allow the free flow of water through the wetlands along the south side of Nate Whipple Highway, which affects both of their properties.  Mr. Bacon delivered a slide presentation documenting the history of the flooding issue. He explained that when he purchased the property forty years ago, he did so with full knowledge that a majority of the nearly six acres were deemed wetlands. For twenty-seven years, the annual spring thaw created little more than a puddling of water in a few spots that dried up over the summer.  He showed photographs from 2013 depicting the normal condition of the property in both an eastward and westward direction, noting the significant distance that then existed between the house and the wetlands.

 

Mr. Bacon referenced the sign posted near the bog bridge at the Atlantic White Cedar Swamp trailhead, which acknowledges that in 2014 a beaver family established its home within fifty feet of the hiking trail and proceeded to build a series of dams that caused flooding of trails and some nearby private properties, including his own. He described the history as one of escalating beaver dam construction, noting that in 2017 two beaver deceiver devices, cage-type mechanisms designed to allow water to flow freely through a beaver dam, were installed and functioned as intended until the beavers obstructed the cages with additional vegetation. He noted that members of the land trust recognized that routine maintenance would be necessary and that he had personally participated in that work on more than one occasion.

He referenced email correspondence from November 2018 with Land Trust representative Randy Tomsido, which documented a strategy of pursuing controlled releases of water at the dam site until a permanent beaver deceiver could be properly placed. However, Mr. Bacon stated the land trust had since all but abandoned that maintenance effort, with two direct consequences: thousands of gallons of water are now trapped between the original beaver dam and his property, and routine maintenance of portions of his property has become increasingly difficult due to persistent flooding with no relief in sight.

 

Mr. Bacon presented photographs taken on April 25, 2026, showing the current state of flooding, as well as photographs taken on September 24 and September 30, 2026, before and after a nor'easter that deposited more than four inches of rain. The photographs showed dramatic increases in water levels, including a previously exposed rock becoming completely submerged after the storm.  He then described the response he received after sending a letter to the Cumberland Land Trust requesting a remediation plan. The trust's attorney, Anthony John McCoy, responded by letter dated May 26, 2026, attributing the flooding in part to the town's abandonment of the Snitch Pond reservoir as a water source and the construction of homes on Windsong Road. Regarding the land trust's own role, the letter stated that it was beyond the resources of the land trust to continue attempting to mitigate the issue. Mr. Bacon characterized this position as the reason he and his wife appeared before the council that evening.  He cited the town's code of ordinances pertaining to watercourses, which defines a watercourse and requires every person owning property through which a watercourse passes to keep and maintain that portion of the watercourse reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly impede the flow of water. He concluded by asking the council either to require the land trust to fulfill that obligation or, if the town accepted responsibility, to explain how it would provide both temporary relief and a long-term solution before the spring of 2027.

Council President Kinch thanked Mr. Bacon and asked him to email the full packet of documentation to the town clerk for distribution to council members. He then noted that representatives of the Cumberland Land Trust were present and invited them to respond.

 

Randy Tuomisto, 411 Reservoir Road, identified himself as President of the Cumberland Land Trust. He confirmed that beavers have presented an ongoing challenge on land trust properties in northern Cumberland for fourteen years. He provided legal context, stating that under Rhode Island's reasonable use rule, a landowner is generally not liable for damage caused by natural conditions, including wildlife activity such as beaver dam construction, provided the landowner has not contributed to the problem. He stated that the land trust had no legal obligation to interfere with the beavers, though it had attempted to do so for fourteen years.  He described the escalating nature of the problem, noting that what began as three dams has expanded to include a fourth, much larger dam built farther downstream on property owned by a neighboring landowner, Mr. Garrity, along Nate Whipple Highway. He described the structure as approximately seventy-five yards long, functioning much like a large impoundment dam and capable of backing up water roughly one-quarter mile upstream to the location where the beaver deceivers were originally installed. He noted that from the trailhead, water can now be observed extending nearly to the edge of Nate Whipple Highway and continuing toward nearby homes, creating a substantial volume of impounded water. He cautioned that a future breach could result in a significant release of water, citing an incident approximately twelve years earlier when a beaver dam failure contributed to the washout of Nate Whipple Highway due to an undersized culvert.  He acknowledged that intentionally releasing the impounded water could also create downstream flooding and associated liability concerns. He further described the beavers' ability to rapidly repair breached dams, noting that they can restore a dam overnight, making the challenge difficult to manage.

Mr. Tomsido also addressed the land trust's assertion that the closure of Snitch Pond as a municipal water source contributed to current flooding conditions. He stated that the spring-fed reservoir had previously produced a substantial volume of water and that redirecting that flow may have affected water levels in the area. He acknowledged that Mr. Bacon's house and basement had not sustained physical damage and suggested that a federal hazard mitigation buyout, although a lengthy process, might represent the most practical long-term option. He also noted that Mr. Bacon, as the owner of property extending into the wetland, could seek a permit from DEM to trap beavers, though state law prohibits relocation and would require the animals to be euthanized.

 

Councilor Sweet asked whether Water Superintendent Ray could provide insight into whether the town's closure of Sneech Pond had contributed to the flooding.

 

Superintendent Ray responded that while the Sneech Pond treatment plant had once produced significantly higher volumes, output had declined to between 600,000 and 750,000 gallons per day before its closure due to the aging facility. He explained that the town eventually shifted to groundwater development at the Franklin Farm and Schofield sites. He stated that the current pond outfalls are fully open and unrestricted and that no measurement systems exist to accurately determine current flow volumes. As a result, he characterized claims regarding one million gallons per day of additional flow to the wetlands as speculative, although he agreed the matter warranted further investigation with the land trust, Mr. Bacon, and other stakeholders.

 

Councilor Sweet also asked whether the Rhode Island Department of Transportation could be engaged, given that Nate Whipple Highway is a state road and had required intervention in the past, to explore culvert improvements or other drainage solutions.

 

DPW Director Mendes replied that RIDOT has been working on culverts in the area and is in the process of transferring certain roadway segments to the town. He stated that he intended to visit the site personally, consult with water resource professionals as appropriate, and report his findings to the council. 

 

She suggested that the land trust, the town, and DEM convene to develop a coordinated approach before the spring season.

 

The director agreed that the situation merited closer review, particularly given the possibility of a significant dam failure, and referenced prior municipal involvement in water-level management, including work at Theater Road, as an example.

 

Councilor Shaw asked Mr. Bacon whether continued maintenance of the beaver deceivers would have made a meaningful difference.

 

Mr. Bacon replied that it would have, while acknowledging that subsequent dam construction by the beavers had further complicated the situation.

Councilor Shaw expressed sympathy for the circumstances and argued that the installation of the beaver deceivers constituted a human intervention that carried with it an ongoing maintenance responsibility that should not simply be abandoned.

 

Mr. Toumisto added that the town has precedent for active water management, citing culvert maintenance on Sumner Brown Road and interventions at Theater Road. The director acknowledged those examples while noting that those locations fall more clearly within municipal responsibility.

 

Council President Kinch concluded the discussion by directing the director to conduct a site visit, consult with relevant stakeholders, and return to the council with a more complete assessment of the situation and potential next steps.

C.     Annual Report of the financial and administrative updates as per Section 306(H) of the Administrative Charter updates/Financial updates 

Mayor Jeffrey J. Mutter presented the annual charter-mandated financial report, due ninety days after the close of the fiscal year, noting that the figures presented are unaudited and do not yet include even unaudited figures for the school department.  He identified the primary highlight of the report as the general fund having closed the fiscal year with a small surplus. This was accomplished while absorbing the costs associated with the winter blizzards and—critically—without drawing on fund balances to balance the budget. The Mayor described this as a significant achievement, noting that prior use of fund balances had been a contributing factor to the town's recent bond rating downgrade. "We need to reproduce that one more time," he said, expressing his belief that doing so would allow the town to make the case for a rating restoration. He also acknowledged that in prior years, the use of fund balances had served to soften the tax rate impact on residents, providing some context for the tradeoff.  He noted a small surplus in the water fund after depreciation and a positive position in the sewer fund, and closed by thanking the council for its support and trust, while reaffirming the administration's commitment to reversing the bond downgrade.

 

Council President Kinch asked about a figure on page 96 of the report showing employee contributions to OPEB (Other Post-Employment Benefits) jumping from approximately $1.4 million in FY2025 to nearly $5 million in FY2026.

 

Mayor Mutter acknowledged this did not appear accurate and committed to reviewing the figure and reporting back.

 

Council President Kinch also noted the bond rating downgrade from AA+ to AA, observing that both ratings carried a stable outlook designation and asking whether this represented a practical financial difference.

 

Mayor Mutter confirmed there was no practical impact on borrowing costs, describing it as a symbolic difference, but emphasized it was not one the administration intended to accept. He noted the town still holds its highest short-term borrowing rating of SP-1+, which was not affected.

 

Council President Kinch inquired about the school reimbursement rate, which was listed at 59%, noting that a figure closer to 64% had been anticipated. Mayor Mutter explained that the 64% figure had been premised on hitting all available bonus points, which the school project did not achieve. He reiterated that the original projection of receiving $83 million in reimbursement for a $29 million investment never fully accounted for borrowing costs.

 

Councilor Beaulieu asked whether the bond rating is evaluated annually.

 

Mayor Mutter explained that the town can request a re-evaluation but noted it would be tied most naturally to the next permanent borrowing, expected approximately one year out for the B.F. Norton project. He suggested the town's best case for rating restoration would likely be ready by FY2028, after demonstrating not only that fund balance usage has stopped, but that reserves are actively being rebuilt.

 

LICENSES

A.     ENTERTAINMENT LICENSE

1.       An application for a Special Event Entertainment license from Northland Farm & Garden LLC for the Trunk or EEK event on October 24, 2026, rain date October 25, 2026, from 2 pm – 5 pm located at 61 Pine Swamp Road.

 

The applicant Morgan Hancock, 266 Tower Hill Road, appeared on behalf of Northland Farm & Garden LLC and confirmed the promoter's permit had been filled out and submitted. She described the event as a family-friendly trunk-or-treat event.

 

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

 

B.      PRIVATE DETECTIVE

1.       Peter Sword

 

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

 

OLD BUSINESS

A.     ORDINANCES for PUBLIC HEARING  

1.       #26-25 – An ordinance establishing resident only parking on Brailey Street (Presented by Councilor Metivier – tabled from September 16, 2026 meeting)

 

Before opening the public hearing, Council President Kinch sought a motion to substitute Ordinance 26-25 with an amended version, Ordinance 26-25A.

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT WAS UNANIMOUSLY VOTED TO APPROVE TO REPLACE ORDINANCE 26-25 WITH ORDINANCE 26-25A. VOTE 7/0.

Chairwoman Beaulieu reported that the ordinance had been heard that evening at the ordinance subcommittee meeting, where it failed on a 1-2 vote, with Councilor Sweet and Councilor Beaulieu dissenting.

 

Councilor Metivier, the sponsor, provided background on the ordinance. He explained that a Cumberland Police Captain had approached him about Brailey Street, a small dead-end street behind Mickey's.  Residents were experiencing problems with non-resident vehicles parking there largely as a result of mapping applications directing drivers to the area. The captain had spoken with both neighbors and business owners, who were broadly supportive of some form of resident-only parking restriction.

 

Council President Kinch opened the public hearing at 8:43 PM. No members of the public came forward to speak in the chamber or virtually.

 

Council President Kinch closed the public hearing at 8:45 p.m.

 

Councilor Sweet raised a substantive concern about enforceability, directing her question to Town Solicitor Kelley Salvatore. She explained that the original ordinance, 26-25, had been crafted to operate within the town's existing, but as yet unused, resident-only parking permit program. The amended version, 26-25A, adopted the older model used near the high school, incorporating the designation directly into the standard parking prohibition language. Councilor Sweet expressed doubt that this approach was meaningfully enforceable, asking how a police officer could establish whether a given vehicle's driver was a resident.

 

Town Solicitor Salvatore agreed that the amended version was unenforceable in its current form, noting the resident parking permit program had been created precisely because the older approach did not function effectively in practice.

 

Councilor Metivier asked whether adding a definition of "resident" to the ordinance would cure the enforceability issue.

Solicitor Salvatore indicated that the language would need to be reviewed but pressed on the practical problem: even with a definition, it remained unclear how a police officer in the field could verify residency at the time of enforcement.

 

The discussion led Councilor Metivier to express a preference for reverting to the original Ordinance 26-25 and its use of the resident parking permit framework.

 

Solicitor Salvatore advised that the council member who made the motion to substitute, Councilor Shaw, could make a motion to reconsider, which would effectively reverse the substitution and restore 26-25.

 

Council President Kinch took a motion to reconsider and revert to Ordinance 26-25.

MOTION BY COUNCILOR BRADLEY, SECONDED BY COUNCILOR METIVIER TO RECONSIDER THE SUBSTITUTION OF ORDINANCE 26-25A IN PLACE OF 26-25. UPON ROLL CALL VOTE THE MOTION FAILED.  VOTE 4/3.

Nay:  Councilor Sweet, Councilor Beaulieu, and Council President Kinch

The council therefore remained on Ordinance 26-25A. Council President Kinch took a motion to approve the ordinance as amended.

MOTION BY COUNCILOR METIVIER, SECONDED BY COUNCILOR BRADLEY TO APPROVE ORDINANCE 26-25A. UPON ROLL CALL VOTE THE MOTION FAILED.  VOTE 4/3.

Nay: Councilor Shaw, Councilor Sweet, Councilor Beaulieu, and Council President Kinch

 

NEW BUSINESS

A.     RESOLUTIONS

1.       R-26-42 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to transfer the tax title for 150 & 154 Leigh Road to the Cumberland Land Trust

 

Town Tax Assessor Director Albert Wylie presented the resolution, explaining that it follows the town's ordinance governing the disposition of tax-sale properties. The town does not hold outright ownership of the two parcels at 150 and 154 Leigh Road.  The Town holds a tax lien originating from a 2022 tax sale, after multiple prior tax sales, suggesting the owner has effectively abandoned the lots. The Cumberland Land Trust exercised its right of first refusal and requested that the tax title be assigned to them rather than sold to the private petitioner who had initially contacted his office.  Director Wylie noted that a prospective buyer did contact him by phone expressing some interest in the property, but never submitted anything in writing, which is the standard requirement. The land trust had properly engaged in the process.

 

Councilor Shaw asked for clarification on the map presented with the resolution, confirming that the parcels shown in blue were already owned by the land trust and that the two lots being transferred, shown in red, effectively filled in a gap surrounded by land trust holdings, which was confirmed by Director Wylie.

 

Councilor Shaw also asked whether the notification process had properly reached all abutters, including a property that appeared to touch the subject lots only at a single corner point.

 

Director Wylie confirmed the process was followed correctly and that a corner-point abutter does not qualify as an abutter under the applicable standard.

 

Councilor Bradley asked Director Wylie to confirm the street address of the lots, which was confirmed as 150 and 154 Leigh Road, near the intersection with Cross and Summit Streets.

 

Randy Tomsido, representing the Cumberland Land Trust, confirmed the land trust had engaged with Director Wylie after the property became available and noted that the trust already owns three surrounding lots. He stated the trust had responded within the sixty-day window, and that Director Wylie had informed him his was the only written response received, which led to the resolution being drafted.

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

Mr. Tomsido added, as a point of information, that the trust has made nine acquisitions in Lippitt Estates over the past ten years, totaling 198 lots and 46 acres, describing the effort as an aggressive push to protect the environment in that area.

 

2.       R-26-43 - A resolution authorizing and empowering Mayor Jeffrey J. Mutter to lease Highway plowing  equipment from United Rentals in an amount not to exceed fifty-seven thousand four hundred and ninety-two dollars ($57,492)

 

Public Works Director Romeo Mendes presented the resolution, explaining that the highway department's current plow fleet ranges from twelve to twenty years old and that staff lack confidence in its reliability during a snow event. He stated that the administration's charge is always timely response and ensuring public safety during weather events, and that leasing three trucks with plows and spreaders provides an essential confidence level heading into the winter season. He further noted that the pool of available private vendors for contracted snow removal assistance has diminished, making it even more imperative that they're able to do it themselves.

 

Councilor Sweet asked whether this lease would put the town in a better position financially compared to last year, when a massive snowfall resulted in significant overage costs from outside contractors. The director responded candidly: in a six-inch storm, yes; in a forty-inch storm, no.

 

Councilor Beaulieu asked whether it would have made more financial sense to purchase comparable vehicles outright. The director explained that a large dump truck of this type would cost approximately $180,000 to $200,000, and that in addition to the purchase price, the town would bear insurance, maintenance, and operating costs year-round, costs not associated with a seasonal lease. He characterized the lease as the more appropriate near-term strategy given current fleet conditions.

 

Discussion arose among council members about the history of vehicle leasing in the town. Several members recalled a prior lease of six vehicles, possibly at a cost closer to $100,000, and debated whether the current arrangement was the second or third such lease.

 

Councilor Beaulieu confirmed from records that a prior lease through United Rentals in 2021 was in an amount not to exceed $270,000, involved a three-year commitment structure, and covered a larger number of vehicles. The current proposal for three vehicles at $57,492 was noted as a significantly smaller and less expensive arrangement.

 

Councilor Shaw confirmed that the fleet had not lost any vehicles since last winter and asked whether preparations for snow season were underway. The director confirmed that as of the end of September, the fleet was being readied.

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

3.       R-26-44 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to sell Town-owned vehicles through GovDeals

 

Mayor Mutter presented the resolution, explaining that it is a direct implementation of a recently amended town ordinance governing the disposition of town-owned property. The prior ordinance dated to 1997 and had, to his knowledge, never actually been implemented for this purpose. The resolution authorizes the sale of surplus town vehicles through GovDeals, an online government auction platform.  The Mayor noted that the town is not obligated to accept any bid it deems inappropriate, effectively preserving the town's discretion. He expressed optimism that the current used vehicle market, which he characterized as significantly more robust than it was ten or twelve years ago, would yield meaningful returns to help offset other expenditures. Director Mendes indicated he had a working sense of what the vehicles were worth and would exercise that judgment in evaluating any bids received.

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

4.       R-26-45 – A resolution authorizing and empowering Mayor Jeffrey J. Mutter to terminate the use of  Flock ALPR cameras in the Town of Cumberland.

 

Before proceeding, Council President Kinch took a motion to substitute Resolution 26-45 with an amended version, Resolution 26-45A.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SWEET TO SUBSTITUTE RESOLUTION 26-45 WITH RESOLUTION 26-45A , AND IT WAS UNANIMOUSLY VOTED TO APPROVE. VOTE 7/0.

 

Public hearing opened at 9:09 PM.

 

Council President Kinch noted that the town's contract with Flock Safety had not been renewed and stated that his intent in bringing the resolution forward was to provide both the public and the council an opportunity to formally weigh in on whether to terminate or pursue other arrangements.

 

Timothy Hagerty, 534 Tremont Street, Rehoboth, appearing as a member of Rhode Islanders for Personal Privacy, spoke in support of terminating the Flock contract. He argued that the debate over Flock is frequently mischaracterized as anti-police, when in his view the real concern is the normalization of a "massive government surveillance network." He warned that terminating Flock without addressing the broader issue could simply lead the town to substitute another company like Axon offering the same technology. He discussed the philosophical underpinning of the system, treating every citizen as a potential suspect searchable without a warrant, and referenced a recent federal court ruling in which a judge found that an officer's warrantless use of the Flock system to search a woman's license plate violated her Fourth Amendment rights. He also referenced ICE's use of DMV facial recognition databases and Flock's undisclosed pilot program with Customs and Border Patrol, framing the Flock contract termination as "a small step in what is going to be a very long and difficult battle."

 

Craig Cerwonka, 6 Greenview Street, identified himself as a member of the Board of Directors of the Rhode Island ACLU and briefly communicated that the ACLU endorses the council's action to terminate the contract.

 

Joel Kickey, 12 Royal Court, Cumberland, urged the council to vote to terminate, citing numerous documented abuses of Flock and similar systems nationally. He referenced the wrongful arrest of a Florida woman after Flock cameras erroneously placed her at the scene of a fatal accident, the gunpoint arrest of a Minnesota automotive journalist misidentified as a car thief,  a Kentucky police officer arrested after using the system over 2,000 times to stalk his ex-girlfriend, and a Texas detective who used the system to track a woman suspected of having an abortion. He referenced the Electronic Frontier Foundation's findings that law enforcement officers routinely enter false compliance data to conduct unauthorized searches. He raised concerns about the company's deployment of cameras in Florida that no entity appears to have authority, and noted that some jurisdictions have had difficulty getting Flock to actually deactivate cameras after contract termination. He characterized the broader enterprise as building "a database of where everyone has been" that constitutes "a very attractive target for hackers," and strongly urged the council not to replace Flock with a comparable system from another vendor.

 

Natalia Rosemill, employed at 3383 Mendon Road and residing in Woonsocket, spoke in favor of passage and urged the council to go further by proactively banning similar ALPR surveillance technology. She characterized the legality of such systems as still an open question, referencing the Tulsa, Oklahoma ruling and citing data from 404 Media indicating more than 100,000 warrantless searches through the Flock system monthly. She argued the issue is bipartisan and described Flock as exploiting a "gray area" between private corporate technology deployment and public legal and regulatory awareness. She described the system as a "Trojan horse" that normalizes mass tracking of citizens' whereabouts and predicted continued lawsuits and "a general rise in distrust and anxiety within residents" so long as the technology remains in place.

 

John, 3383 Mendon Road, Cumberland, described his professional background as a development and operational security engineer who assesses hardware and software for vulnerabilities, and stated that he had personally examined the Flock system. He described the cameras as "a huge security risk" that are "wide open" and stated plainly: "Beyond all of the ethical implications of it, these need to be off the streets."

 

Public hearing closed at 9:21 PM.

 

Councilor Shaw offered a candid retrospective on his own evolution on the issue. He recalled that when the council originally voted to engage with Flock approximately two years prior, the technology was presented as a compelling new tool for law enforcement, with evidence of good examples of the usage. He described himself as a huge supporter of the system until approximately two months prior, when he began researching its broader national track record. He stated clearly that it's not the tool, it's not the technology, it's the mismanagement of the data that he has a problem with. He expressed that if an internally managed ALPR system were available, one controlled by the town and the Cumberland Police Department with proper accountability, he would be open to supporting it. He pledged to vote for termination while making clear he did not wish to be deemed a hypocrite should such an alternative ever come forward.

 

Councilor Sweet described an extensive research process, noting she had read pro-Flock opinion pieces and expert endorsements alongside the critiques. She offered a substantive analysis of what Flock actually is, arguing that characterizing it as a license plate reader or camera fundamentally misrepresents the product.  She stressed that Flock is not a camera. They tell us it's a camera, but it's not a camera. She described Flock, Axon, and Motorola as platforms, corporate entities designed to find ever increasing ways to collect our data, streamline our data, and make it saleable so they can profit off of it.  She noted that Flock Safety is currently valued at approximately $8 billion despite barely reaching market saturation, creating an enormous power imbalance between the company and any municipality. She described the breadth of data collected, including vehicle color, damage, equipment, roof racks, and bumper stickers, and asked pointedly: "If you're far right, do you trust a left government having access to what your bumper stickers are? If you're far left, do you trust a right-wing government having access?" She characterized the entire enterprise as a "Trojan horse" and argued that government at any level lacks the technical literacy and resources to police a company of Flock's sophistication and scale. She concluded she would vote against Flock and against any similar technology, noting that they are decades into social media and other companies on the internet buying and selling our data and giving us no rights to that, no recourse.

 

Councilor Magill expressed a different view, stating plainly that license plate readers are an invaluable tool to law enforcement to assist in locating missing persons and facilitating investigations of crimes against community members, and that he is 100 percent for the use of license plate readers and would vote accordingly.

 

Council President Kinch noted that despite his own background in law enforcement, his role on the council is to represent the residents of Cumberland. He stated that in his regular engagement with constituents, he had not had one tell me to keep Flock cameras. He stated he would vote for the resolution reflecting the will of the people he represents.

 

Councilor Bradley noted that he had been the one to request the item be placed on the agenda back in August to suspend the service while more information was gathered. He stated his belief that license plate readers are a useful tool if it goes by the standards they told us when they sold it to us, which, as far as I can tell right now, it does not. He confirmed he would vote to end the contract.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SWEET TO APPROVE THE TERMINATION OF FLOCK APLR CAMERAS.  VOTE 6/1. 

Nay:  Councilor Magill

 

B.      ORDINANCE for presentation and permission to advertise

1.       #26-26 - An ordinance amending salary ranges for the executive staff and other positions (Presented by Council President on behalf of the Administration)

 

Referred to the Finance Subcommittee.

 

C.     CLAIMS

1.       Sarah Oriani

 

Referred to the Finance Subcommittee.

2.       Alex Kress

 

Referred to the Finance Subcommittee.

 

PUBLIC COMMENTS

Abigail Cerwonka, 6 Greenview Street, addressed the council regarding the Flock camera vote. She identified herself as the daughter of Craig, who had appeared before the council on behalf of the ACLU that evening and who, she noted, had also appeared at council meetings approximately two years prior to warn against adopting the Flock system at the time. She expressed frustration with council members who had framed their change of position as a result of recent personal research, noting pointedly: "All these things that certain members have said that they've discovered—he said those." She stated directly: "I'm kind of outraged, and I don't want to hear this revisionist 'we weren't fully aware.' There was plenty of information, which my father brought to your attention."

Councilor Sweet responded directly, acknowledging that she had been present at some of those earlier ordinance subcommittee meetings as an observer before her election, and that she remembered the speaker and her father's comments. She stated that the outcome, though delayed, had ultimately occurred, and used the moment to encourage residents to continue engaging, attending subcommittee meetings, writing to and calling their council members, and making their voices heard before decisions are finalized rather than after.

Joel Kickey returned to the podium to thank the council for its vote on the Flock resolution. He echoed the previous speaker's point that not all citizens are able to attend meetings or closely monitor the agenda, and noted that he had written to several council members and to the Mayor about his concerns prior to the meeting. He identified himself as holding a bachelor's degree in computer science from Brown University and working in the tech industry in a private capacity, and offered to make himself available as a technical resource to any council members who wished to consult him on technology-related matters in the future.

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT WAS UNANIMOUSLY VOTED TO ADJOURN AT 9:38PM.  VOTE 7/0.