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 Tuesday, August 12, 2025, at 7:00 PM at the Tiverton Public Library, 34 Roosevelt Ave, Tiverton, RI, 20878.

 

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.

3. ROLL CALL

Present
President John G. Edwards V                      Vice President David J. Paull                                        David Perry
Craig R. Committo                                            Michael S. Burk                                                                 Denise M. deMedeiros

Deborah G. Janick

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

 

4. CONSENT AGENDA

All items listed within the Consent Agenda are to be considered routine by Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed for separate consideration later on the agenda.

A. Approval of Town Council Minutes
     1. July 14, 2025 – Regular Meeting

     2. July 14, 2025 – Executive Session Meeting

     3. July 28, 2025 – Regular Meeting

     4. July 28, 2025 – Executive Session Meeting

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees

1. North End and Industrial/Business Park Advisory Subcommittee & Economic Development Commission (3)

2. Open Space and Land Preservation – (2)

3. North End and Industrial/Business Park Advisory Subcommittee – (6)

        

C. Acknowledge Receipt of Reports

1. Town Administrator – Departments’ Monthly Reports – July 2025

2. Town Administrator – Police Overtime Report – July 2025 and Fire Department Overtime Reports June /July 2025

                D. Acknowledge Receipt of Correspondence

1. Letter from Gayle Lawrence re: proposed construction and demolition debris processing center zoning amendments

2. Letters from Nancy and Al Cormier re: Viti charging station

               

                E. Councilor Burk/EDC Chair Renee Jones – Recommendations from the North End and
                      Industrial/Business Park Subcommittee for the revitalization and economic development plan for the
                      North End of Tiverton and for the Industrial/Business Park

 

                F. Approval of Tax Assessor Abatements – $30.32

 

Councilor Janick pulled A-3, A-4, D-2, and E.

Councilor Perry pulled C-2.

 

Councilor Paull motioned to approve the Consent Agenda items except items A-3, A-4, C-2, D-2, and E. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

Re: A-3 and A-4, Councilor Janick noted she would abstain, as she had been absent from the July 28 meeting. 

 

Re: Item D-2, she asked about the status of the longstanding complaint from Nancy and Al Cormier re: Viti charging station with bright lights affecting them as well as vehicles blocking the road. Administrator Jones responded that he had recently contacted the Cormiers, explaining that a meeting had been set with himself, the solicitor, the building official, and Viti owners to address the concerns about its placement. He expects to have information to relay to the Cormiers and the council by the next meeting.

 

Re: Item E, Ms. Janick explained it was a preliminary report to meet the August deadline. The plan was being formatted and would be formally presented in September.

Re: Item C-2, Councilor Perry questioned 3 hours of overtime for union business. Administrator Jones responded that he believed part of the collective bargaining agreement allows the union president and possibly one or two other members of the executive board to attend at an expense. He stated he would speak with the chief, research the collective bargaining agreement, and get back to Councilor Perry.  

 

Councilor Perry motioned to approve Consent Agenda items A-3 and A-4. Seconded by Councilor Paul, the motion passed 6-1, Councilor Janick abstained.

 

Councilor Paull motioned to approve the Consent Agenda items C-2, D-2, and E. Seconded by Councilor Burk, the motion passed unanimously.

 

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

President Edwards V noted that all comment sign-ups were related to the Town Zoning Ordinance Amendments public hearing and would defer them to that time.

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgement of resignation:

                     1. Michael Burk from the Semiquincentennial Commission, effective August 4, 2025

 

Councilor Perry motioned to accept the resignation of Michael Burk from the Semiquincentennial Commission. Seconded by Councilor deMedeiros, the motion passed 6-1, Councilor Burk abstained.

 

                B. Conservation Commission - (7) Member Board (3) Year Terms (3) Vacancies

                     1. Zachary Guerette, 30 Edmond Lane - Requests appointment to 4/15/2028

                         (Cont. from 7/28/25)

 

President Edwards V reported that Mr. Guerette had applied for the position in error. 

 

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

A. Skip Hall/Rise Up Racing – Requesting approval of Sound Variance for Fast Fridays Car Show at Longplex Family & Sports Center, 300 Industrial Way on Friday’s 8/8, 8/22, 9/5, 9/19, and 10/3 from 5:00pm – 10:00pm (SPE-103)

 

Mr. Timothy Rosa explained the event details to the council on behalf of Mr. Hall.

 

President Edwards V opened the public hearing.

 

Ms. Wendy Turcott from Fish Road expressed concerns about potential noise issues in general at the Industrial Park. 

 

President Edwards V closed the public hearing.

 

Councilor Burk said he would oppose the request, citing concerns about the frequency of the events, and being a repeated occasion where sound variances at Longplex are brought up “at the last minute”.     

 

Councilor Perry motioned to approve the sound variance for 8/22, 9/5, 9/19, and 10/3 from 5:00 pm – 10:00 pm. Seconded by Councilor Paull, the motion passed 5-2, with Councilors Burk and deMedeiros opposed.

 

B. Approval of the proposed amendment to the Tiverton Town Zoning Ordinance Amendments to Appendix A, Zoning Ordinance (Cont. from 7/14/25):

1. Article II, Definitions: “Construction and demolition processing facility.”

2. Article IV, Sections 13: Adding to the District Use Table: “Construction and demolition processing facility” (§13(d)).

3. Article XVI, Special Use Permits, Section 5, Criteria for Specific Categories of Special Use Permits: specific and objective criteria for “Construction and demolition processing facility” (§13(d)).

 

Attorney Michael Monti on behalf of Mr. Ryan Demello and RD Recycling, noted this was a continuation of the public hearing, which would ultimately determine whether a construction and demolition (C & D) facility will be allowed in the Planned Development Park. He introduced Executive Vice President Laura Bugay of Green Seal Environment as an environmental expert to speak to many concerns about pollution, fire, and noise.

 

Councilor Burk objected to allowing Ms. Bugay to speak longer than 3 minutes, citing council policy. Councilor Committo disagreed, saying that limiting important information would not be prudent. President Edwards V agreed, noting that several persons at the last hearing spoke well beyond 5 minutes. He added that the Council, as well as the public, deserves to hear novel information.

Solicitor Marcello gave his opinion that the 3-minute speaking limit policy was related to the public comment portion on an agenda and not a public hearing, but left it up to the discretion of the council body as a whole.

 

Councilor Committo motioned to waive the 3-minute public speaker limit policy. Seconded by Councilor deMedeiros, the motion passed 6-1, with Councilor Burk opposed.

 

Ms. Bugay, noting 30 years of experience designing solid waste facilities, offered that C & D operations can be operated safely by being enclosed and implementing effective dust control measures with atomized misting systems and fire safety protocols. She also commented that a now-closed East Providence C & D facility called Pond View was not comparable in terms of operation size and proximity to a local water source. She answered several of the Councilors’ questions related to the separation process, disposal of lithium batteries, potential fire protocols, and liquid holding systems. She described having facilities to process and remove recyclable material and divert it from the landfill stream is a long-term benefit.

 

President Edwards V opened the public hearing.

 

Over 13 public commenters expressed grave safety concerns about the proposed facility’s proximity to Stafford Pond and Ranger Elementary School, the potential for pollutants and negative health impacts, fire risks, groundwater contamination, traffic, noise, property values, as well as incompatibility with Tiverton’s Comprehensive Plan.

 

Attorney Michael Monti declared that if the zoning amendments were to be approved, it would simply allow the applicant to apply for a special use permit and prove to the planning board and RIDEM that the facility can be operated safely.

 

President Edwards V closed the public hearing.

 

Council then began deliberations. President Edwards V stressed the necessity for a definition of a construction and debris material recycling facility, describing it as “nebulous inside of our zoning code.” He likened the situation to when he and a previous council asked the planning board to draft a solar ordinance, where unintended consequences happened because not enough time was spent to think it through. He said he had 7 or 8-item list of what he believed should be included in a C & D ordinance if there was to be a performance standard for such a facility within the PDP. He declared his motion would be to amend the use table under Sec. 13. Industrial uses., Construction and demolition processing facility, under PDP to change the ‘S’ to an ‘N’, then pass the ordinance as written. He furthered that while it might not be disallowed forever, in the meantime, important factors would be clarified, giving examples such as best management practices, licensing or training of inspectors, fire suppression systems, tonnage limits, and interior dust controls.

 

Solicitor Marcello recommended the motion include striking the performance standards as well, if passed, they would no longer apply.

 

Councilor Burk, agreed that a clear definition of a C & D in the zoning ordinance was necessary, but added that he did not think such a facility should be allowed anywhere in town.

 

Councilor Committo relayed that after much research, he understood both sides of the matter and declared that not all of it was negative. Yet, despite acknowledging the potential benefits of the facility, he expressed reservations about its proximity to the water source and associated risks.

 

Councilor Edwards V motioned to amend the Ordinance Use Table under Sec. 13. Industrial uses., Construction and demolition processing facility, under PDP to change the ‘S’ to an ‘N’, to strike the related performance standards in Article XVI, Special Use Permits, Section 5, Criteria for Specific Categories of Special Use Permits, n.(1)i A through FF, and keep the definition in Article II, Definitions. Seconded by Councilor Burk, the motion passed 5-2, with Councilors Janick and deMedeiros opposed.

 

Council President called for a brief recess.

 

8. GENERAL BUSINESS

                A. Councilor Janick – Discussion and possible vote to extend the Zoning Revision Committee's end date to December 31, 2025

 

Councilor Janick motioned to extend the Zoning Revision Committee's end date to December 31, 2025. Seconded by Councilor Committo, the motion passed unanimously.

 

                B. Councilor Burk – Discussion and possible vote to amend council calendar for September 2025.

 

Councilor Burk explained the scheduled September 22, 2025, meeting conflicted with an important Jewish holiday. After discussion, it was agreed to cancel the second meeting in September altogether.

 

C. Councilor President Edwards – Update on information from 8/5/25 meeting of working group regarding the School Department FY25 budget deficit

 

President Edwards announced the school department meetings remained in progress and more information would be forthcoming.

 

                D. Administrator Jones – Update regarding Beaches, including parking, hours of operation

 

Administrator Jones explained that a meeting was scheduled for tomorrow to explore with the Recreation Chair and Chief Lifeguard, keeping the beaches open longer than previously scheduled. He noted funding was available, and the potential plan was to extend hours from 8:00 am to 6:00 pm, a few days per week, for the last remaining weeks. He furthered that this would be a pilot test only, with the potential of a permanent policy change next season.

 

                E. DPW Director Silvia, Jr. – Discussion regarding disposal of millings and availability to the public

 

Director Silvia, Jr. explained the public offering would be in an effort to reclaim needed space within the DPW, currently used by a massive stockpile of millings. The plan was to open the yard on Wednesdays and Fridays for pick up, and he reminded residents to first call for appointments.

               

F. Vote to approve Resolution 2025-0029 memorializing the road abandonment of Enterprise Way, a paper street, previously abandoned by a vote of the council on July 14, 2025

 

Councilor Burk motioned to approve Resolution 2025-0029 memorializing the road abandonment of Enterprise Way, a paper street, previously abandoned by a vote of the council on July 14, 2025. Seconded by Councilor Perry, the motion passed unanimously.

 

G. Vote to approve Resolution 2025-0030 memorializing road abandonment of Communication Drive, a paper street, previously abandoned by a vote of the council on July 28, 2025

 

Councilor Burk motioned to approve Resolution 2025-0030 memorializing road abandonment of Communication Drive, a paper street, previously abandoned by a vote of the council on July 28, 2025. Seconded by Councilor Perry, the motion passed unanimously.

 

9. EXECUTIVE SESSION

 

A.      Solicitor Marcello – R.I.G.L. 42-46-5(a)(2) Litigation: Town of Tiverton v. LAL Construction Company, Inc (NC2013-0087) – Litigation Update

 

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

 

The council entered a closed executive session at approximately 10:14 p.m.

 

The Council returned to open session at approximately 10:33 p.m.

 

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

 

Solicitor Marcello reported that item 9-A discussion only

 

10. ADJOURNMENT

 

Councilor Burk motioned to adjourn the meeting. Councilor Committo seconded the motion. The motion passed unanimously. The meeting adjourned at 10:34 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                           Joan B. Chabot, CMC, Town Clerk