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STATE OF RHODE ISLAND, COUNTY OF NEWPORT

The Town Council of the Town of Tiverton, County, and State aforesaid held a Regular Council Meeting on Monday, April 21, 2025, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council President Edwards V called the meeting to order with the pledge of allegiance to the flag.

President Edwards V requested a moment of silence in honor of late Senate President Dominick J. Ruggerio.

 

3. ROLL CALL

Present

President John G. Edwards V

Vice President David J. Paull

Craig R. Committo

David Perry

Denise M. deMedeiros

Deborah G. Janick

Michael S. Burk

 

 

 

Interim Town Administrator Jones, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present.

 

4. CONSENT AGENDA

A. Approval of Town Council Minutes
     1. March 24, 2025 –
Regular Meeting (Councilor Burk abstains, not present)
     2. March 24, 2025 – Executive Session (Councilor Burk abstains, not present)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Historical Cemeteries Commission (2)
     2. Litter Control (1)
     3. Economic Development Commission (1)

     4. Budget Committee (8)

     5. Conservation Commission (2)

 

C. Acknowledge Receipt of Reports

     1. Treasurer SauretteBudget and Revenue Reports - March 2025

     2. School Department YTD Budget v. Actual Report – March 2025
     3. Town Administrator – Departments’ Monthly Reports – March 2025

     4. Town Administrator – Police and Fire Department Overtime Reports – March 2025

     5. Hoffman Engineering – 2025 Environmental Land Use Restrictions (ELUR) Annual Inspection report

     6. Hoffman Engineering – 2025 ELUR Annual Environmental Land Usage Restriction

 

D. Acknowledge Receipt of Correspondence

     1. Town of Hopkinton – Resolution in support of the Restoration of General Revenue Sharing to

          Cities and Towns

     2. Town of Hopkinton - Resolution in opposition to Rhode Island 2025 Gun Control Legislation
     3. Town of Narragansett – Resolution in support of S-57 and H-5393 regarding the maintenance of
          sidewalks

     4. Town of Burrillville – Resolution in support of H-5634 and S-0114 Defending Affordable Prescription
          Drug Costs Act

 

E. Approval of Tax Assessor Abatements – $318.24

 

F. DPW Director Rogers – Requests approval to extend FY25 Bid Awards thru FY26 as allowed per bid
     specifications for: Line Painting, Road Materials (2), Crack Sealing and Paving

 

G. DPW Director Rogers – Requests approval of funds to advertise bids for the following supplies:
     1. PVC & HDPE Pipe
     2. Concrete Block Catch Basin Structures

     3. Catch Basin Frames and Grates

     4. Unleaded Gasoline, Clear Ultra Sulfur Diesel Fuel

     5. Septic tank Pumping
     6. Onsite Wastewater Treatment System Inspections

 

                H. Cemetery Commission/Bob SedomaRequest to renew contract for Pocasset Hill
                     Cemetery Mowing/Maintenance and Cemetery Operations to Jared Ramunno dba Ramunno’s
                     Landscaping – exercise of first one-year extension

 

Councilors Janick and Committo pulled item C-6
Councilor Burk pulled item C-5 and D-3

 

Councilor Paull motioned to approve the Consent Agenda items with the exception of C-5, C-6 and D-3. Seconded by Councilor Janick, the motion passed unanimously.

 

Re: C-5, Councilor Burk referenced the engineering report for the playground off Bay Street, noting the Recreation Commission had an interest in seeing what could be done to recreate something there he hoped it would be looked into.

 

Re: C-6, Councilor Janick referencing the study of the roads of the Bay Street area that noted slight erosion along the berm on Canonicus Street, asked who would take care of this. Administrator Jones responded that he would speak to the DPW Director to address this.  

 

Re: D-3, Councilor Burk suggested consideration of support of S-57 and H-5393 that would require the state to maintain sidewalks on state roads. Solicitor Marcelo would draft the resolution.

 

Councilor Burk motioned to approve Consent Agenda items C-5, C-6 and D-3. Seconded by Councilor Janick, the motion passed unanimously.

 

5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

Scott Travers and Jeff Lachapelle opted to wait to speak about fishing access and potential water district merger (respectively) until the items were covered later in the meeting.

 

Mentioning item 8-E, resident Jamie French noted the potential 500 units were not only excessive, but seemed to be targeting north Tiverton. She also mentioned she was in support of item 8-F, allowing all Councilors to place items in the agenda without requiring council president approval. She expressed concern over item 8-K, changing zoning to allow a construction and demo processing facility adjacent to Stafford Pond, Ranger school and neighborhoods was a poor idea. Regarding 8-P, she criticized forming a committee had a predetermined goal to merge the water districts.  

 

Resident Jeff Gross, noting that recently a pro-second amendment citizen was removed from hearings by a Rhode Island house member allegedly because he found her testimony offensive. He likened the incident to an outburst by a council member during a meeting where Sakonnet River Outfitters requested permitting. He urged council members to remember that they work for us (the people) not vice versa.

 

6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes

President Edwards V opened the public hearing. No one presented and the hearing was closed.

 

A. Approval of the proposed amendments to the Tiverton Code of Ordinances Chapter 2 Administration,
     ARTICLE V. FINANCE, DIVISION 5. DEPARTMENT OF PUBLIC WORKS ROAD AND BRIDGE RESTRICTED
     ACCOUNT. This ordinance would require that any state reimbursements received by the towns
     participation in the Rhode Restore municipal grant program or Municipal Road and Bridge Revolving
     Loan Fund be placed in the paving/Drainage restricted account.

 

Councilor Perry motioned to approve amendments to the Tiverton Code of Ordinances Chapter 2 Administration, ARTICLE V. FINANCE, DIVISION 5. DEPARTMENT OF PUBLIC WORKS ROAD AND BRIDGE RESTRICTED ACCOUNT. Seconded by Councilor Paull, the motion passed unanimously.

 

                B. Approval of the proposed amendments to the Tiverton Code of Ordinances Chapter 78 TRAFFIC AND
                     VEHICLES, ARTICLE III – Stopping, Standing and Parking. The proposed new ordinance would prohibit
                     beach parking at any town beach from 10 pm to 7 am at all times with the exception of those
                     engaged in fishing activities at Fogland Beach from 10 pm to 7 am and further prohibits fishing within
                     100 feet of the Fogland boat ramp. The ordinance also establishes the regulation of vehicle beach
                     parking at Grinnell’s and Fogland Beaches and requires parking fees or passes from May 1 to October
                     1, and provides for the enforcement of parking restrictions, including recreational vehicles at Fogland
                     Beach. It further authorizes an electronic or web-based application to enforce parking restrictions and
                     permits.

 

President Edwards V opened the public hearing.

 

Scott Travers, representing the Rhode Island Saltwater Anglers Association, expressed support for the ordinance, clarifying that the intent is not to limit fishing access but to ensure safety through proper signage. He proposed a partnership with the town to help maintain fishing areas, determine appropriate signage locations and promote responsible use of the waterfront.

 

Resident Jeff Gross clarified that federal property for all saltwater fishing etc starts at the mean high tide mark.

 

Resident Jamie French commented that item C. should be discussed before item B, because C discusses time
and location which have a lot to do with parking. She also voiced frustration over a lack of clear signage and perceived fishing restrictions. She argued that current regulations create confusion and limit access to traditional fishing spots, particularly at the fishing pier.

Robert Jobin of Stafford Road, said that despite any no fishing signs, the RI constitution guarantees access to the shore up to the mean high tide mark.   

 

Councilor Paull responded that the proposed ordinance addresses parking and does not limit fishing.

 

President Edwards V closed the public hearing.

 

Solicitor Marcello noted a handful of typos/technical errors within the draft that needed correction.

 

Councilor Committo stated he thought parking was too restrictive especially for fishing, and suggested a less restrictive trial period with electronic enforcement. Administrator Jones responded that the current problem is that no enforcement mechanism exists, which was the impetus for the ordinance.     

 

Councilor Perry remarked that the amendment should be passed today as is, and then consider adding better enforcement mechanisms for the police. 

 

Councilor Burk suggested aligning the dates for items B and C to be the same. He also mentioned that anyone, not only fishermen, should have access to the parking lot.

 

Councilor Janick agreed with Councilor Committo’s suggestions for better accommodation especially as there were only 2 or 3 parking spots outside of the closed gates.

 

Administrator Jones suggested directing the police not to lock the gate at Grinnell’s during the prescribed times in the proposed ordinance. 

 

The council further discussed the enforcement of the proposed regulations, with some members suggesting a sticker program for fishermen could help manage parking and allowing for greater access. Others raised concerns about the enforcement capabilities of the police department, particularly regarding potential conflicts with beachgoers.

 

Councilor Burk motioned to approve the technical amendments as described by the Solicitor. Seconded by Councilor Janick, the motion passed unanimously.

 

Council President Edwards motioned to amend Sec. 78-86 (b) to omit “at Fogland Beach” in the second sentnance and to add “Fogland” before the words boat ramp in the last sentnance. Seconded by Councilor Paull, the motion passed unanimously.

 

Councilor Paull motioned to approve the proposed ordinance as amended. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

                C. Approval of the proposed amendments to the Tiverton Code of Ordinances Chapter 54 PARKS AND
                    RECREATION, ARTICLE II – RECREATION AND OPEN SPACE AREAS. This proposed ordinance will amend
                    Section 54-32 Additional rules for recreational areas. The amendments would prohibit fishing at
                    Fogland and Grinnell’s Beach except in those areas designated by signage. The ordinance also
                    establishes fines for violations for fishing in non-designated areas.      

 

President Edwards V opened the public hearing.

 

Jamie French from Craig Avenue stated that the single fishing sign is difficult to notice and says fishing is only permitted from May 1st to September 30th. She insisted the abutment was always considered a fishing pier. Councilor Committo suggested waiting until the Administrator, in conjunction with the Saltwater Anglers Association, determined appropriate locations.

 

Jeff McNally of Crest Road, suggested as an alternative, to allow fishing in all areas unless restricted by signage. He added that the Rhode Island constitution that gives people a constitutional right to fish at all of the shoreline in Rhode Island.

 

No others presented to speak. President Edwards V closed the public hearing.

 

After discussion, the council agreed to amend B-1 to read “Fishing shall only be permitted at any time in the area specified by signs posted on-site by the Town Administrator after consultation with Rhode Island Saltwater Anglers Association” and in B-4 to amend the dates to October 1 to April 30 in B-5, to add “are allowed” to the end of the sentence. 

 

Councilor Paull motioned to approve the proposed ordinance as amended. Seconded by Councilor Perry, the motion passed unanimously.

 

                D. Approval of the proposed RESOLUTION - AMENDMENT TO FEE SCHEDULE. This is a proposed
                    adoption of an amendment to the fee resolution to revise mooring fees.

 

President Edwards V opened the public hearing. No one presented and the hearing was closed.

 

Councilor Burk suggested amending the 4th section to read “If allowed, 3rd and 4th Riparian per mooring with required registration” for clarification.   

 

Councilor Perry motioned to approve the proposed ordinance as amended. Seconded by Councilor Paull, the motion passed unanimously.

 

 

                E. Approval of the proposed amendments to the Town Zoning Ordinance

 

SUMMARY OF ZONING ORDINANCE TEXT AMENDMENTS

 

PURSUANT TO Section 1-8 of the Tiverton Code of Ordinances, the amendments below will be adopted and effective on the date of passage. These are amendments to the following Articles of Appendix A – Zoning Ordinance:

 

1. Article II – Definitions. These amendments add “Commercial Marina,” amends “Mixed Use Complex,” and removes “Shopping centers, malls, mini-malls and strip-malls.”

 

2. Article IV – District Use Regulations, Sections 1 – 13A. These amendments primarily effect uses in the General Commercial, Highway Commercial, and Industrial Zones. Uses with use designations outside of those zones that are amended include: Three-family dwelling (§ 2(c)) and Family day care (§ 2(h)). In Section 1, attention is pointed to the need to consider the requirements of the Planned Development Park floating zone and the Watershed Protection Overlay District, and warns that the information in the “NOTES” column is not to the exclusion of other ordinances and laws. Notes calling attention to Article VIII, Watershed Overlay Protection District, are added to the “NOTES” column as well as reference to performance standards, Article VI, Section 10, and specific and objective criteria, Article XVI, Section 5, where appropriate. Further, the Solar Energy Systems use is added back into the District Use Table at Section 5(h). Finally, Section13A is renumbered as Section 14.

 

 

3. Article VI – Other District Regulations, Section 10. These amendments provide, or amend, performance criteria for multiple uses permitted by right. Specifically: 1) Three-family dwellings, 2) Driving tee or range, miniature golf course, or similar use operated for commercial purposes, 3) Marina or boat yard, 4) Mixed use complex: Structure over 40,000 square foot building footprint for retail, commercial, or office uses, 5) Commercial marina, 6) Wholesale business and storage of nonflammable and nonexplosive material in a building and 7) Retail outlet accessory to a wholesale or storage use.

 

4. Article XIII – Industrial Performance Standards. These amendments change the scope of this ordinance from industrial uses to all non-residential uses, make necessary updates to comport with other sections of the zoning ordinance and update state law and regulation references. and

 

5. Article XXVI – Conservation Development, Section IX Open Space. These amendments permit a homeowner’s association to own the open space in a conservation development.

 

Solicitor Romano and Interim Planner Sweet presented for questions. 

President Edwards V opened the public hearing.

Jamie French from Craig Avenue expressed concern about impacts of potential noise from commercial dock operations.

 

No others presented to speak. President Edwards V closed the public hearing.

 

Councilor Burk questioned language on page 11, line 43, of the definitions, regarding on-site parking facilities in mixed use complexes as to who determines the parking demands. Solicitor Romano and Ms. Sweet replied that parking regulations were under development and all projects must come to the Planning Board regardless.

 

Councilor Committo questioned the relevance of that last sentence in question, and referred to it as confusing.  

 

Ms. Sweet responded explaining the sentence prohibits a shared parking situation for anything that qualifies as a mixed use complex, because there could also be a mixed use complex in a zone that allows shared parking.

 

Councilor Committo felt shared parking could be ideal and business friendly.

 

Councilor Edwards V suggested amending the language to add “a mixed use complex provides sufficient on-site parking facilities, per the parking ordinance.” Solicitor Marcello confirmed the referenced parking ordinance was Article X, Sec. I.

 

Councilor Committo motioned to strike the last sentence on page 11, line 43, of the definitions. Seconded by Councilor Paull, the motion failed 3-4, with Councilors Burk, Janick, deMedeiros and Perry opposed.

 

Councilor Burk motioned to add “per Article X, Sec 1” after the last sentence on page 11, line 43, of the definitions. Seconded by Councilor Edwards V, the motion passed 6-1, with Councilor Committto opposed.

Councilor Burk asked why two and three family dwellings were not allowed in zones R-40. Ms. Sweet explained is was due to lack of public water and sewer in the R-40 areas.

 

Councilor Committo disagreed with the prohibition of two and three family units to utilize septic and wells. 

 

Solicitor Marcello explained a relevant policy change could be made, but would need to be re-advertised for a potential future amendment. He added that only general commercial, highway commercial and the industrial zone was before them tonight.

 

Ms. Sweet warned that if that decision was made, significant comprehensive plan amendments would be required as well, because the entire comprehensive plan speaks to allowing multifamily in the locations with public water and sewer and not allowing them in locations without.

 

Councilor Burk noted a technical error under J. Child day care center needing correction.

 

Councilor Burk motioned to amend the statutory reference under Sec. J on pg. 24 to reflect current statute RIGL 42-12.5 et seq. Seconded by Councilor Paull, the motion passed unanimously.

 

Councilor Burk motioned to amend the same statutory reference under line 33 on pg. 38 to reflect current statute RIGL 42-12.5 et seq. Seconded by Councilor Paull, the motion passed unanimously.

 

Councilor Janick mentioned that language under E. on page 42 secs. 12, 13 and 14 related to driving ranges, seemed contradictory. Ms. Sweet clarified that the intent was that synthetic turf was the preferred approach, but language could be strengthened to order synthetic turf first, followed by grass and turf utilizations. Rather than attempt to amend tonight, it was agreed to address this in the next package for consideration.

 

Under the same subject of Driving ranges, Councilor Burk suggested specificity related to Accessory facilities (pg 41, sec. (2). Solicitor Romano warned that might create excessive limitations.

 

Councilor Burk motioned to strike the words “but are not limited to” from line 37, page 41. There was no second, and the motion failed. 

 

Councilor Burk motioned to approve the zoning amendments as listed on the agenda and as amended tonight. Seconded by Councilor Paull, the motion passed unanimously.

 

7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgement of resignation:

                   1. Patricia Hilton from Planning Board and Zoning Revision Committee, effective 4/12/2025
                   2. Anne Lawton from Planning Board, effective 4/14/2025

 

Both Councilors deMedeiros, Burk and Janick stated they would not vote to accept the resignations, each delivering comments commending past efforts and talents, indicating the resignations represented a great loss to the town. 

 

Councilor Paull motioned to approve the resignations with regret. Seconded by Councilor Perry, the motion passed 4-3, with Councilors deMedeiros, Burk and Janick opposed.

               

                B. Arts Committee - (5) Member Board, (2) Year Terms, (4) Vacancies

                    1. Nadine Messier, 132 Cory’s Lane - Requests re-appointment, term ending 4/15/2027

 

Ms. Messier gave a brief report on her accomplishments involving arts education and other programs she has managed since appointed in October, 2023, in an attempt to gain traction, get the word out that the Arts Committee exists. As there are only two members, new members were welcomed.    

 

Councilor Perry motioned to reappoint Nadine Messier to the Arts Committee for a term ending 4/15/2027. Seconded by Councilor Paull, the motion passed unanimously.

 

                C. Cemetery Commission - (5) Member Board, (3) Year Terms, (1) Vacancy
                    1. John S. Christo, 48 Canonicus - Requests re-appointment, term ending 4/15/2028

 

Councilor Paull motioned to reappoint John Cristo to the Cemetery Commission for a term ending 4/15/2028. Seconded by Councilor Perry, the motion passed unanimously.

 

                D. Historical Cemetery Commission - (5) Member Board, (3) Year Terms, (1) Vacancy
                    1. Thomas Snell - Requests re-appointment, term ending 4/15/2028

 

Councilor Paull motioned to reappoint Thomas Snell to the Historical Cemetery Commission for a term ending 4/15/2028. Seconded by Councilor Perry, the motion passed unanimously.

 

                E. Open Space and Land Preservation Commission - (9) Member Board, (3) Year Terms, (3) Vacancies

                    1. Brian Janes, 286 Seapowet Avenue - Requests re-appointment, term ending 4/15/2028
                    2. Raphael Wechsler, 91 Penny Pond Road - Requests re-appointment, term ending 4/15/2028

                     3. James Spears, 494 W Demello Drive - Requests re-appointment, term ending 4/15/2028

Councilor Paull motioned to reappoint Brian Janes, Raphael Wechsler and James Spears to the Open Space and Land Preservation Commission for term ending 4/15/2028. Seconded by Councilor Perry, the motion passed unanimously.

 

                F. Recreation Commission - (7) Member Board, (3) Year Terms, (3) Vacancies
                     1. Stuart Gilfillen, 5 Highland Road - Requests re-appointment, term ending 4/15/2028
                     2. Dana J. Coute, 3 Whitetail Lane - Requests re-appointment, term ending 4/15/2028

                     3. Maureen Sylvia, 772 Stafford Road - Requests re-appointment, term ending 4/15/2028

 

Councilor Burk motioned to reappoint Stuart Gilfillen, Dana J. Coute and Maureen Sylvia to the Recreation Commission for term ending 4/15/2028. Seconded by Councilor Paull, the motion passed unanimously.

 

                G. Dog Park Committee - (9) Member Board, (3) Year Terms, (3) Vacancies
                     1. Paul Anderson, 18 Olympia Avenue - Requests re-appointment, term ending 4/15/2028
                     2. Joanna Krystman, 18 Olympia Avenue - Requests re-appointment, term ending 4/15/2028

 

Councilor Burk motioned to reappoint Paul Anderson and Johanna Krystman to the Dog Park Committee for term ending 4/15/2028. Seconded by Councilor Paull, the motion passed unanimously.

 

8. GENERAL BUSINESS

Without objection, Council President Edwards V moved items 8-L, M and N forward.

 

                L. Administrator Jones - Discussion and possible vote to schedule public hearing to abandon Transport

                     Road and approve funding to advertise public hearing

 

Councilor Paull motioned to schedule public hearing to abandon Transport Road and approve funding to advertise public hearing. Seconded by Councilor Perry, the motion passed unanimously.

 

                M. President Edwards V – Discussion and possible vote to authorize Town Administrator/Solicitor to
                      negotiate a lease for the municipal recycling center not to exceed 5 years subject to final approval by
                      the town council

 

Councilor Burk motioned to authorize Town Administrator/Solicitor to negotiate a lease for the municipal recycling center not to exceed 5 years subject to final approval by the town council. Seconded by Councilor Paull, the motion passed unanimously.

 

                N. Administrator Jones/Solicitor Marcello - Resolution to Authorize the Town Administrator to take all
                     necessary action subject to meeting all requirements in the purchase and sale agreement to close on
                     property in the Industrial Park with Street Legal LLC. Map 107 Lots 813 through 818 for use as a car
                     vault with lease for a municipal recycling center 

 

Councilor Paull motioned to authorize the Town Administrator to take all necessary action subject to meeting all requirements in the purchase and sale agreement to close on property in the Industrial Park with Street Legal LLC. Map 107 Lots 813 through 818 for use as a car vault with lease for a municipal recycling center. Seconded by Councilor Perry, the motion passed 6-1. Councilor Burk abstained.

 

Without objection, Council President Edwards V moved item 8-K forward.

 

                K. Solicitor Marcello - Discussion and possible vote to refer to Planning Board on Uses and other
                   technical changes to Planned Development Park (PDP) to include:

 

1.       Article II, Definitions:  Add definitions for “Car vault” and “Construction and demolition processing facility.”

 

2.       Article III, Zoning Districts:  Adds “Planned Development Park (PDP) Floating Zone” to the list of zoning districts in Article III.

 

3.       Article IV, Sections 4, 7, 10 and 13: Adding to the District Use Table: “Car vault” (§4(s)); “Facility primarily engaged in the creation or operation of information technology or financial services” (§7(d)); “Facility primarily engaged in scientific, medical, or technological research” (§7(e)); “Retail business of less than 20,000 square foot building footprint, with liquor license” (§10(b)); “Retail sales and/or rentals with open lot storage (other than display for sale)” (§10(h)); and “Construction and demolition processing facility” (§13(d)).  Further adding a column for the PDP Zone and amending some uses in the Industrial Zone to recognize that a column was added for the PDP.

 

4.       Article IV, Section 19, updating and clarifying the Ordinance. Most significantly clarifying uses permitted by right and uses permitted by special use permit and amending the approval process to comport with the general laws; and

 

5.       Article VI, Other District Regulations: performance standards are proposed in Article VI, Section 10, for: “Car vault” (§4(s)); “Retail business of less than 20,000 square foot building footprint, with liquor license” (§10(b)); and “Construction and demolition processing facility” (§13(d)).

 

Solicitor Marcello explained some proposed changes were, in part, necessary definitions added per a purchase and sale agreement with Street Legal as well as addressing another piece of property the town is contemplating selling to a construction and demolition process business. He reminded this was only to refer to the Planning Board for their required recommendation in 45 days. He noted a correction to be made on the District Use table on pg. 31 and an error needing correction on page 32 relative to construction demolition processing facilities only being proposed in the pdp zone and not in the industrial zone.

 

Councilor Burk motioned to refer to Planning Board on Uses and other technical changes to Planned Development Park (PDP). Seconded by Councilor Perry, the motion passed unanimously.

 

                A. DPW Director Rogers – Update on the Nonquit Bridge project

 

Director Rogers informed of a problem with the successful bidder required re-advertising the project. The road and bridge will not be shut down this year and the anticipated start date is March 7, 2026 and closed thru June 1, 2026.

 

                B. Fire Chief Bailey – Discussion and possible vote to purchase Dartmouth Fire District 1 – 2000 E-One
                     Cyclone at a cost of $35,000.00 which includes cost of pumper, related service maintenance and
                     lettering

Chief Bailey explained the opportunity to purchase the well-priced apparatus. He stated it would tie us over for several years until the rest of the fleet can be upgraded.

 

Councilor Committo suggested including additional funds to cover for installation of radios and minor repairs.  

 

Councilor Paull motioned to purchase Dartmouth Fire District 1 – 2000 E-One Cyclone at a cost not to exceed $40,000.00. Seconded by Councilor Perry, the motion passed unanimously.

 

                C. Town Administrator Jones – Discussion and possible vote to approve eight 6’ concrete rectangular
                      universal access picnic tables for use at Fogland Beach

 

Councilor Committo requested the Administrator obtain a bid for tables at Grinnell’s beach as well.

 

Councilor deMedeiros motioned to purchase eight 6’ concrete rectangular universal access picnic tables for use at Fogland Beach. Seconded by Councilor Burk, the motion passed unanimously.

 

                D. Councilor Vice President Paull - Discussion and possible vote to purchase a commercial trash
                     receptacle for the end of the Stone Bridge abutment

 

Councilor Burk noted he would opposing the purchase due to lack of backup with specific information.  

 

Councilor Paull motioned to purchase up to two commercial trash receptacles, not to exceed $1,500.00 for the end of the Stone Bridge abutment. Seconded by Councilor Edwards V, the motion passed 6-1, with Councilor Burk opposed.

 

                E. President Edwards V - Discussion and possible vote to approve Council Resolution 2025-0017 in
                      support H-6176 - H-6184 AND H-6213 – H-6215 Related to Comprehensive Planning and Affordable
                      Housing

 

Councilor Burk motioned to approve Council Resolution 2025-0017 in support H-6176 - H-6184 AND H-6213 – H-6215 Related to Comprehensive Planning and Affordable Housing. Seconded by Councilor Perry, the motion passed unanimously.

 

                F. Councilor Janick – Discussion and possible vote to add policy to the Tiverton Town Council Policies
                     that allows any town councilor to add items to meeting agenda without requiring council president
                     approval

 

Councilor Janick noted there was no current ability that allows council members to put items on the agenda if not approved by the president of the council. If the President was not in agreement with an agenda request, she suggested a courtesy discussion as policy. She added that the requestor would ultimately have the ability to have the item placed on the agenda for council discussion.

 

Council President Edwards V commented that creating such a wholesale policy would be detrimental.  

 

After thorough discussion, it was agreed that courtesy conversations about agenda items and related matters should be expected, and not preclude addition to an agenda. 

 

Councilor Perry motioned to deny the policy change. Seconded by Councilor Committo, the motion passed 5-2, with Councilors Janick and deMedeiros opposed.

 

                G. Councilor Janick – Discussion and possible vote on all or portions of the 2026 Budget

 

Councilor Janick explained both she and Councilor deMedeiros, as liaisons to the budget committee, felt unequipped to answer questions as there have been no council budget discussions. They requested to schedule budget meetings. 

 

Councilor President Edwards V responded that in past practice, the only opportunity for the council had to affect the budget after a budget was approved by the budget committee, was to submit an alternative budget for voter consideration. He explained the new process, under the Charter, requires the budget committee to act in their advisory capacity to submit a budget for council review, where it was then incumbent upon the council to finalize the budget. He stated he did not wish to deviate from this process and did not believe a series of Saturday morning council budget meetings were unnecessary.  

 

Councilor Burk said that he believed council budget meetings still occurred even since the Charter change, and believed it to be complimentary to the work of the budget committee.

 

Councilor Perry argued that it was the budget committee that should be supplying information, not the other way around.

 

Administrator Jones, declared that, being his first budget season, it might be beneficial to himself, the department heads and the council to start looking at scheduling workshops.

 

Councilor Paull reminded that the Treasurer supplies monthly expense and revenue updates that the Council should be reviewing closely.

 

After discussion, it was agreed to schedule council budget meetings on May 5 and May 12, 2025.

 

                H. Fire Chief Bailey - Discussion and possible vote to award the contract for Roof Replacement at Fire
                     Station 2

 

Administrator Jones noted that they were not yet prepared to award the bid until gaming revenue was established.

 

                I. Fire Chief Bailey - Discussion and possible vote to award the contract for replacement of rakes, fascia,
                    soffits, T1-11, and gutters and downspouts at Fire Station 3

 

Chief Bailey noted that out of seven bids, only three came in within the previous $57,000.00 capital gaming appropriation. His recommended contractor was Majestic Roofing and Home Improvement, who provided substantial details and a warranty.

 

Councilor Paull motioned to award contract for replacement of rakes, fascia, soffits, T1-11, and gutters and downspouts at Fire Station 3, to Majestic Roofing and Home Improvement, subject to Solicitor review of the contract. Seconded by Councilor Burk, the motion passed unanimously.

 

                J. Administrator Jones - Discussion and possible vote to award contract for surplus vehicles

 

Administrator Jones recommended the bid award the bid for the surplus vehicles to East Bay Recycling in the amount of $7,500.00. 

 

Councilor Burk motioned to award the bid for the surplus vehicles to East Bay Recycling in the amount of $7,500.00. Seconded by Councilor Committo, the motion passed unanimously.

 

                O. Administrator Jones – Update on USDA landfill closure grant

 

Administrator Jones thanked the DPW Director and Tim Thies with Par Engineering for delivering the final components necessary for the $1.416 million landfill closure grant. He expected funds to be transferred imminently.  

 

                P. Councilor Perry - Discussion and possible vote to form a Tiverton Water District Advisory Committee
                     to gather information related to a future reorganization or merger of the town’s two water districts

 

Councilor Perry explained he believed the council collectively wished to gather more information of a potential water district merger, and that forming a committee would be beneficial. 

 

Resident Jeff LaChappell, from the North Tiverton Fire District, read a prepared statement and introduced a proposed Planned Advisory Committee that aimed to focus on identifying needs, set future goals, and explore innovative solutions to ensure best outcomes for both districts and their residents. He affirmed that each district was in agreement to join.

 

The council collectively commended the formation of the committee, happy to see both sides working together. Councilor Perry thanked Mr. LaChappell for his efforts and withdrew his item.

 

9. EXECUTIVE SESSION

                A. Solicitor Marcello - RIGL 42-46-5(a)(2) Litigation - Highland Ridge Farm, LLC v. Town of Tiverton, et al. 

                     (NC 2024-0310) – update on court decision and potential further action

 

Councilor Edwards V motioned to enter into Executive Session for agenda item 9-A. Seconded by Councilor Paull, the motion passed unanimously.

 

The council entered a closed executive session at approximately 10:16 p.m.

 

The Council returned to open session at approximately 10:31 p.m.

 

Councilor Burk motioned to seal the minutes of Executive Session. Councilor Paull seconded the motion. The motion unanimously passed.

 

Solicitor Marcello reported that item 9-A was discussion only, no votes were taken.

 

10. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Paull seconded the motion. The motion unanimously passed. The meeting adjourned at10:33 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                           Joan B. Chabot, Town Clerk

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