MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND TOWN COUNCIL

WEDNESDAY, SEPTEMBER 2, 2026 at 7:30 P.M.

CUMBERLAND PUBLIC SAFETY BUILDING COMMUNITY ROOM

1379 DIAMOND HILL ROAD, CUMBERLAND, RHODE ISLAND

 

 

 

CALL TO ORDER

Council President Kinch called the meeting to order at 7:55 p.m.  All council members were present.

 

PLEDGE OF ALLEGIANCE

 

GENERAL ANNOUNCEMENTS

 

CONSENT AGENDA

A.     Acceptance of Minutes of the Special and Regular meetings of August 19, 2026

 

B.      MUNICIPAL MOBILE FOOD ESTABLISHMENT LICENSE

1.       Reds Kitchen

2.       Belly Busters LLC

3.       Axelrode Fry Shack

4.       Palagi Brothers Ice Cream

5.       Not your Average Popcorn

 

C.     COMMUNICATIONS

1.       C-26-53 – Town of Glocester resolution requesting RI General Assembly to relieve cities and towns of the       unfunded mandate to prepare emergency action plans for privately owned dams, and to end the penalizing of municipalities for owner noncompliance

2.       C-26-54 – Town of Little Compton requesting the General Assembly and the Executive Office of Housing to recognize the unique challenges facing the Town of Little Compton in the development of affordable housing and to provide support to address these obstacles

3.       C-26-55 – A copy correspondence sent by Algonquin Gas Transmission, LLC to 24 landowners in Cumberland requesting permission to enter the properties in question and provides background on the company’s enhancement plans for its pipeline system in town.

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

PUBLIC COMMENTS

Pat Ford, 1 Eseks Hopkins Lane, addressed the council on two matters. First, he shared what he characterized as good news: following tips from concerned citizens, the Noria gas company had agreed to remove a Flock license plate reader camera from its property on Mendon Road and had asked the Cumberland Police Department to do so as soon as possible.

 

Second, and more substantively, Mr. Ford raised the subject of the town's bond rating. He stated that he did not believe the downgrade had been formally acknowledged or placed on any prior agenda and asked whether the council was aware of it. He explained that bond ratings are a critical component of municipal finance, citing the fiscal chaos in Woonsocket as a cautionary example. He noted that Cumberland's rating had declined from AA-plus, and that according to one rating agency, the town's financial reserves had dropped from a high of approximately 20 percent of budget in 2019 to approximately 12 percent. He stated that he had reached out to professionals in the municipal bond world to understand the borrowing cost implications, and while describing the downgrade as "not catastrophic," he nonetheless called on the council to hold a public hearing on the matter. He asked directly: "How did this happen? Why is a town like Cumberland, which has a significant industrial base…how did we get here?"

 

Council President Kinch offered to accommodate a future agenda item on the matter.

 

Mayor Mutter then responded directly to Mr. Ford's comments. The Mayor acknowledged full agreement with the concern, stating that the downgrade was connected to the bond anticipation note issued for the B.F. Norton School project and was primarily driven by an over-reliance on the fund balance. He noted that the school department had held in excess of $6 million in fund balance at one point, and that this had eroded to approximately $1.2 million over a two-year period — information he said he had raised publicly on multiple occasions during budget proceedings. He stated plainly: "I own that situation," and added that he takes "full responsibility for correcting that problem." He noted that the downgrade was reported in the local paper of record, and that the FY2026 and FY2027 budgets included amendments to begin addressing the reserve levels. He expressed confidence that the situation would be corrected before his departure from office in January 2029.

 

Mr. Ford, in closing, thanked the Mayor for his candor and noted that the true financial impact of the downgrade would likely be felt in the next borrowing cycle, urging the finance team to clearly reflect on any incremental cost to taxpayers in the budget process.

 

Mayor Mutter clarified for those watching that the downgrade would not impact the upcoming borrowing if the town had corrected the underlying problem by then, noting that the FY2027 budget approved prior to June 30 had already taken steps in that direction.

 

Keith Remillard, 3576 Diamond Hill Road addressed the council regarding missed trash and recycling pickup. He stated that he had experienced recurring missed pickup issues both before and after the signing of the current five-year contract with the town's waste service provider, and both before and after the recent change from weekly to bi-weekly recycling collection. He acknowledged that he had previously reported these issues to the town and to the company each time, and had left messages for the mayor's office and company supervisors without receiving a return call. He also acknowledged that Councilors Bradley and Sweet had been helpful, as had John Kissik at the town.  Rather than detailing his specific complaints, Mr. Remillard posed a series of questions for the council's consideration: What provisions in the five-year contract hold the company accountable for poor service, and are there penalties? Are there incentives for the contractor to maintain high service quality after signing? He noted that explanations he had received — including driver shortages, aging equipment, and lack of mechanics — were "not a problem of the residents, but a problem the company needs to solve." He asked whether the company had been compelled to publicly report to the town and invited the council to implement such reporting. He closed by inviting any council member to contact him directly and expressing his desire to work collaboratively with the town.

 

Council President Kinch asked Mr. Remillard to share his contact information after the meeting.

 

Mayor Mutter apologized if his office had not followed up, noting he may have redirected the matter to John Kissik. He informed those present that the administration was planning a comprehensive review of the trash and recycling situation — including a reconsideration of the every-week recycling change — to be completed by September 30. He explained that the shift to bi-weekly recycling had been driven by a cost savings of approximately $900,000 over the contract length, or roughly $250,000–$260,000 in Year 1, to stay within the state's 4 percent levy cap. He noted that the contract contains a provision allowing a return to weekly recycling if warranted and expressed that while the town had "not quite got it right yet," he remained committed to finding a resolution.

 

REPORTS/COMMUNICATIONS

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

 

Council President Kinch reported that no votes requiring public disclosure were taken in Executive Session.

 

LICENSES

A.     VICTUALLING HOUSE LICENSE

1.       A transfer application for a First-Class Victualling House License from Jose Almeida dba Valley Park Pub to Mar & Morna located at 17 Mill St.

 

Ms. Silva described their vision of opening a Portuguese food restaurant, a longtime personal ambition.

 

Council President Kinch congratulated the applicants and reminded them that approval would be conditioned upon receipt of an insurance certificate, a permit to make sales, Department of Health approval, and a signed lease.

 

MOTION BY COUNCILORS SHAW, SECONDED BY COUNCILOR MAGILL, AND IT IS UNANIMOUSLY VOTED TO APPROVE LICENSE TO MAR & MORNA LLC PENDING REQUIRED DOCUMENTATION.  VOTE 7/0. 

 

2.       An application for a Fourth-Class Victualling House License from First Stop Holdings d/b/a First Stop located at 427 High Street.

 

No representative appeared for this application. Approval was noted as pending Department of Health and final fire approval.

 

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

 

B.      ENTERTAINMENT LICENSES

1.       Reconsideration of the August 19, 2026 town council vote to remove September 26, 2026 from the following application:   An application for a Special Event Entertainment license from Phantom Farms II LLC for Fall Fest event on September 12 and 13, September 19 and 20, September 26 and 27, October 3 and 4, October 10 and 11, October 17 and 18 and October 24 and 25, 2026 from 10 a.m. – 2 p.m. located at 2920 Diamond Hill Road.

 

Jason Macari, 3100 Diamond Hill Road, representing Phantom Farms, addressed the council. He clarified that at the previous meeting; the farm's representative had not been in a position to contest the removal of the date and that no prior agreement had been made to do so. He stated that the Fall Fest is a family-oriented event primarily geared toward children, featuring hayrides, bounce houses, face painting, and related activities. He described the event as running across seven weekends and said that singling out one date for closure, particularly for a competing event was both a customer service problem and something he did not believe was the council's proper role.

 

Mr. Macari also provided an update on parking management. Following neighbors’ concerns raised at prior meetings, the farm had opened up additional rear parking areas and coordinated with police to post temporary no-parking signs in adjacent neighborhoods. He estimated the farm could now accommodate approximately 200 vehicles on-site and that peak attendance of 800–1,200 visitors per day could largely be managed without significant neighborhood overflow.

 

Before proceeding, the council voted to amend the application's end time from 2:00 PM to 3:00 PM, consistent with the farm's actual operational timeline for the event.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR SWEET, AND IT IS UNANIMOUSLY VOTED TO AMEND THE APPLICATION END TIME FROM 2:00 PM TO 3:00 PM.  VOTE 7/0.

Councilor Metivier offered remarks, acknowledging that at the prior meeting he quickly approved the date removal under the mistaken impression that there had been a prior arrangement with the applicant. He stated plainly that now knowing what he knows now, he would not have voted that way.  He stressed that he is for this as originally outlined because he doesn’t think that they should be picking winners and losers.

Council President Kinch expressed the same sentiment.

 

Councilor Beaulieu, who had originally moved to remove the September 26 date, stated that she had assumed at the prior meeting that the applicant had consented to the change following a prior discussion, and that knowing what she now knew, she would not have voted that way.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT IS UNANIMOUSLY VOTED TO APPROVE THE SPECIAL EVENT ENTERTAINMENT LICENSE FOR PHANTOM FARMS II LLC FOR FALL FEST ON THE ORIGINALLY REQUESTED DATES AND TIMES FROM 10:00 AM TO 3:00 PM.  VOTE 7/0.

 

2.       An application for an Entertainment license from Mar & Morna located at 17 Mill St.

 

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

 

3.       An application for a Special Event Entertainment license from A City on a Hill Events LLC for the Cumberland Columbus Day Craft Fair and Vendor Event on October 10, 2026 from 11 a.m. – 4 p.m. located at the Cumberland Monastery, 1464 Diamond Hill Road.

 

The applicant Kaitlin Carn described the event as an outdoor vendor fair intended to support local businesses while raising awareness for the American Foundation for Suicide Prevention, which would have a presence at the event. She anticipated approximately 100 attendees and noted the event would take place at the picnic area near the gazebo outside the senior center, with roughly 12 confirmed vendors. She acknowledged there was no rain date and that vendor fees would be credited toward a future event if the event were cancelled.

 

Councilor Beaulieu noted the grounds are well-used on weekends and wished the applicant success. She also encouraged Ms. Carn to connect with the town's outreach coordinator, Sarah King, regarding community resources.

 

Approval was conditioned upon receipt of an insurance certificate and a promoter's permit.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR BEAULIEU, AND IT WAS UNANIMOUSLY VOTED TO APPROVE THE LICENSE PENDING REQUIRED DOCUMENTATION.  VOTE 7/0. 

 

4.       An application for a Special Event Entertainment license from Garvin Elementary PTO for the Garvin Elementary Color Run on October 2, 2026, rain date October 9, 2026, from 4:30 – 6:30 p.m. located at the Cumberland Monastery, 1464 Diamond Hill Road.

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT WAS UNANIMOUSLY VOTED TO APPROVE THE LICENSE PENDING REQUIRED DOCUMENTATION.  VOTE 7/0. 

 

5.       An application for a Special Event Entertainment license from Chapel Hill Assisted Living and Memory Care for the Annual Car Show for RI Alzheimer's Association on September 12, 2026 from 10 a.m. – 2 p.m. located at 10 Old Diamond Hill Road.

 

Courtney Fisher, Director of Chapel Hill Assisted Living and Memory Care, appeared on behalf of the application for the Annual Car Show benefiting the Rhode Island Alzheimer's Association.  She noted that last year's event featured four cars and that up to ten were anticipated this year. She confirmed adequate on-site parking and stated that staff vehicles would be parked at a nearby church per an existing agreement.

 

Approval was conditioned upon receipt of a promoter's permit.

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT WAS UNANIMOUSLY VOTED TO APPROVE THE LICENSE PENDING REQUIRED DOCUMENTATION.  VOTE 7/0.

 

OLD BUSINESS

A.     ORDINANCES FOR PUBLIC HEARINGS

1.       #26-19 – An ordinance authorizing temporary parking on Tower Hill Road on September 7 on westbound from100 ft. before Pole 60 and continuing to Pole 61.
(Presented by Council President Kinch)

 

Council President Kinch noted that the posted time of 12:30–3:00 PM required correction and moved to amend the hours to 9:30 AM to 12:30p.m. 

 

MOTION BY COUNCILOR MAGILL, SECONDED BY COUNCILOR SHAW, AND IT WAS UNANIMOUSLY VOTED TO AMEND ORDINANCE #26-19 TO REFLECT HOURS OF

9:30 AM TO 12:30 PM.  VOTE 7/0.

 

Councilor Beaulieu reported that the ordinance had received favorable passage on a 3-0 vote in the Ordinance Subcommittee earlier that evening.

 

Public hearing opened at 8:28p.m.

 

Gerry Forschette of the Cumberland Land Trust explained that the parking authorization is needed to accommodate approximately 25 hikers for the Trust's annual Labor Day guided hike at the Caddam and Brook Preserve on Tower Hill Road, which was selected this year due to its Revolutionary War history. He noted that the stretch of road is unusually straight and that parking guides would be present to ensure compliance and traffic safety. The public hearing was opened and closed with no public comment or virtual participants.

       

Public hearing opened at 8:31p.m.

 

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILORS MAGILL AND SWEET, AND IT WAS UNANIMOUSLY VOTED TO APPROVE ORDINANCE #26-19 AS AMENDED BY A ROLL CALL VOTE. VOTE 7/0. 

 

2.       #26-21 – An ordinance authorizing the placement of stop signs at the intersection off Rabbitt Hill Road and England Street.  (Presented by Councilor Beaulieu)

 

Public hearing opened at 8:32p.m.

                         

Councilor Beaulieu presented Ordinance #26-21, authorizing the placement of stop signs at the intersection of Rabbitt Hill Road and England Street, as requested by the Cumberland Police Department following a constituent complaint. The ordinance received favorable passage on a 3-0 vote in the Ordinance Subcommittee. The public hearing was opened and closed with no public comment.

 

Public hearing opened at 8:32p.m

 

MOTION BY COUNCILOR BEAULIEU, SECONDED BY COUNCILOR SHAW, AND IT WAS UNANIMOUSLY VOTED TO APPROVE ORDINANCE #26-21 BY A ROLL CALL VOTE. VOTE 6/1.  COUNCILOR BRADLEY VOTED IN THE NEGATIVE.

 

3.       #26-24 – An ordinance establishing “No Parking Zones” on Thompson Hill Drive, Thomas Drive, and Westbrook Way. (Presented by Councilor Sweet)

 

Councilor Beaulieu noted the ordinance received favorable passage in the Ordinance Subcommittee on a 2-1 vote, with Councilor Metivier dissenting.

 

Public hearing opened at 8:33p.m

 

Councilor Sweet explained the background in detail. Following parking complaints from neighbors related to overflow from Phantom Farms events, she consulted with the Cumberland Police, EMS, and fire departments. EMS indicated that vehicles parked on both sides of the street would prevent emergency vehicles from safely navigating the neighborhood. A fully restrictive approach—such as no parking on either side, or residents-only parking—was considered but rejected as overly burdensome for everyday residential use. The compromise adopted was to restrict parking to one side of the street throughout the neighborhood, with the permitted side chosen to maximize vehicle clearance and preserve sight lines, while the side adjacent to the farm remained open to allow event overflow without creating a blockage.

 

Several residents appeared during the public hearing.

 

Kevin O'Neill, 35 Thompson Hill Drive, acknowledged there is no perfect solution but raised concern that the no-parking side, if near the interior of the street's loop, could create visibility hazards as cars parked on the inner curve would obstruct sight lines for approaching vehicles.

 

Councilor Sweet confirmed that Chief Benson had recently reviewed the design and that the intent was to place restrictions where they best preserved emergency vehicle turning radius. She noted that routine enforcement would be unlikely on a typical day, but that the signage would clearly direct unfamiliar event visitors away from filling both sides.

 

Jackie Medeiros, 5 Thomas Drive, asked about the number and placement of signs, which Councilor Sweet explained would be affixed to existing utility poles and formatted with directional arrows where appropriate, making physical installation minimally intrusive.

 

Linda Perrilla, 1 Thompson Hill Drive, spoke in favor of the ordinance, describing last year's parking conditions as dangerous and personally disruptive.

 

Jess Henry, 10 Westbrook Way, participated via Zoom and expressed qualified support while asking whether the no-parking restriction on Westbrook Way could be limited to the upper portion of the street—nearest the farm—rather than extending the full length to the cul-de-sac. She also raised the question of whether a residents-only designation could be added to the permitted side for at least part of the street to ensure neighbors and their guests had adequate parking during events.

 

Councilor Sweet indicated she would consider whether the cul-de-sac section could be excluded, as it is somewhat wider and may not pose the same safety concern. She indicated she was generally opposed to a residents-only designation on the open side, noting it would be difficult to enforce, could inconvenience neighbors hosting guests, and would require residents to coordinate with police when having gatherings.

 

Following this discussion, Councilor Sweet moved to amend the ordinance to limit the no-parking restriction on Westbrook Way to the north side of the street from Diamond Hill Road to Pole 6 only, thereby removing the cul-de-sac from the restriction.

 

MOTION BY COUNCILOR SWEET, SECONDED BY COUNCILOR BEAULIEU, AND IT UNANIMOUSLY VOTED TO AMEND ORDINANCE #26-24 TO RESTRICT THE WESTBROOK WAY NO-PARKING ZONE TO THE NORTH SIDE FROM DIAMOND HILL ROAD TO POLE 6.  VOTE 7/0.

 

Jason Makari returned to the podium to express Phantom Farms' support for the ordinance as amended, stating that the farm has frontage on both streets and welcomes parking on the farm side under any conditions. He noted that parking management had improved considerably and expressed hope that the combination of better on-farm parking and the new signage would resolve the issue.

 

Public hearing closed at 8:59p.m

 

MOTION BY COUNCILOR SWEET, SECONDED BY COUNCILOR BEAULIEU, AND IT WAS UNANIMOUSLY TO APPROVE ORDINANCE #26-24 AS AMENDED WAS MADE BY A ROLL CALL VOTE.  VOTE 4/3.  COUNCILORS BRADLEY, METVIER, AND MAGILL VOTED IN THE NEGATIVE.

 

NEW BUSINESS

A.     ORDINANCES for presentation and permission to advertise

1.       # 26-25 – An ordinance establishing resident only parking on Brailey Street (Presented by Councilor Metivier)

 

The Council President referred to the Ordinance Subcommittee.

 

PUBLIC COMMENTS

Pat Ford, 1 Esek Hopkins Lane, returned to the podium. He first cited Rhode Island General Laws Chapter 42-46-6 to clarify that public bodies are permitted to respond to public comments even when the subject was not posted on the agenda, provided no vote is taken. He then raised questions regarding the Lodge at Diamond Hill, noting that as a municipally owned facility it pays no property taxes and carries no debt service on its books, while private restaurants and dining facilities in Cumberland bear both costs as part of their operating structure. He argued that this creates a structural competitive disadvantage for private businesses, whose own property tax payments may effectively subsidize a municipal competitor.

Council President Kinch acknowledged the comments, suggesting The Lodge provides broad public access, while noting the matter had been publicly deliberated.

Robert Shaw, 38 Plant Street, spoke in support of The Lodge as a community amenity, arguing that Cumberland competes with other towns to offer quality facilities and that The Lodge, built from what had been a deteriorating structure, is a source of civic pride that benefits residents and attracts visitors.

Councilor Sweet offered a closing comment, stating that The Lodge is not a restaurant and that municipalities are well within their rights to provide goods and services for public benefit—pointing to libraries alongside bookstores, public parks alongside private lands, and nonprofit farms alongside commercial ones as examples of coexistence. She expressed pride in the town's accomplishment in redeveloping the building and noted that the lodge brings visitors into the community who also patronize local businesses. She also asked that public comment not be used as an occasion to disparage town staff.

ADJOURNMENT

MOTION BY COUNCILOR SHAW, SECONDED BY COUNCILOR MAGILL, AND IT WAS UNANIMOUSLY VOTED TO ADJOURN AT 9:07PM.  VOTE 7/0