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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, August 25, 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, and Deputy Clerk Veegh were also present.
Eagle Scout Achievements Honoring
Tiverton Residents
Andrew Harrison Curtis and Donovan Thayer
The Council recognized local residents Andrew Harrison Curtis and Donovan Thayer on achieving the highest ranking award of the Boy Scouts of America. They had received the Eagle Scout Award at their Court of Honor ceremony on Friday, August 22nd, 2025.
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. August 12, 2025 – Regular Meeting
2. August 12, 2025 – Executive Session Meeting
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Economic Development Commission (1)
2. Historic Preservation Advisory Board (1)
3. Cemetery Commission (1)
C. Acknowledge Receipt of Correspondence
1. Susan Anderson – Business Park/PDP dumpster storage
2. Town of Portsmouth – Resolution opposing Rhode Island Public Transit Authority (RIPTA) Service Cuts affecting the Town of Portsmouth
3. Town of Warren – Resolution opposing Rhode Island Public Transit Authority (RIPTA) Service Cuts affecting the Town of Warren
4. Town of Westerly – Resolution opposing Rhode Island Public Transit Authority (RIPTA) Service Cuts affecting the Town of Westerly
5. Town of Westerly – Resolution in opposition to State Firearms Legislation Section 1, Title 11, Chapter 47.2 of R.I.G.L, specifically entitled, AN ACT RELATING TO CRIMINAL OFFENSES – UNLAWFUL SALE OF PROHIBITED FIREARMS [Establishes the Rhode Island Assault Weapons Ban Act of 2025]
6. Coastal Resources Management Council (CRMC) – Public Notice of Application 2025-06-026 for 169 Riverside Drive (former Chase Marina)
7. Receipt of Treasurer’s Warrant
Councilor Paull motioned to approve the Consent Agenda. Seconded by Councilor Perry, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Ms. Nagiff from 45 Starboard Drive, spoke on behalf of Muhammad Khera, one of the Class A Liquor License applicants, stating that he has always been kind and helpful to her.
Ron Marsh of 48 Four Rod Way spoke on behalf of himself and neighbors in the Bliss Homestead neighborhood. He said out of around ten residences, seven were senior citizens, who feared having to manually push two large bins up and down a gravel slope, weekly, to the town road, up to a half mile away. He said currently they bring a trash bag to the location in a vehicle. He asked to be able to keep the small containers and the current process.
6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Kate Nota/Mills Salvage LLC - Requesting approval of sound variance for opening celebration at 2139 Main Road on August 30, 2025, from 12:00 pm – 10 pm (SPE-114)
President Edwards V opened the public hearing. No one presented to speak. The hearing was closed.
After brief discussion, Councilor Janick mentioned a letter had been received from an abutter who asked for consideration to limit noise after 8pm. Councilor Perry, noting he received emails concerned about music running to 10pm, suggested limiting the music to 9pm. Councilor Janick disagreed, saying that 9pm was too early.
Councilor Perry motioned to approve the sound variance from 12:00 – 9:00pm. Seconded by Councilor Paull, the motion passed 6-1, with Councilor Janick opposed.
B. Tiverton Public Library/Library Foundation - Requesting approval of sound variance for Library 10 Year Anniversary Event at 34 Roosevelt on September 27, 2025, from 11:00 am – 12 pm with a rain date October 4, 2025 (SPE-97)
President Edwards V opened the public hearing. No one presented to speak. The hearing was closed.
Councilor Perry motioned to approve the sound variance. Seconded by Councilor Paul, the motion passed unanimously.
C. Joe A. Souza III/RetroXpo - Requesting approval of special event permit for RetroXpo event at 300 Industrial Way on September 6, 2025, from 10:00 am – 6:00 pm (SPE-107)
President Edwards V opened the public hearing. No one presented to speak. The hearing was closed.
Councilor Paull motioned to approve the special event permit for RetroXpo event at 300 Industrial Way on September 6, 2025, from 10:00 am – 6:00 pm. Seconded by Councilor Perry, the motion passed unanimously.
D. Approval to grant one Class A Liquor License (Package Store) by lottery, subject to meeting all legal requirements. The following applications have been received:
1. L & T, LLC d/b/a Sakonnet Liquors
Patrick Burns, 651 Main Road, Tiverton
2. East Horizon, Inc. d/b/a Hot Shot Liquors
Muhammad Khera, 861 Main Road, Tiverton
Solicitor Marcello prefaced discussion referencing a remand decision from the Dept. of Business Regulation that required reconsideration of the liquor license application by Patrick Burns, which the Council had previously denied due to issues related to his criminal background check. The decision indicated the council had not adequately allowed Mr. Burns the opportunity to present his case during the initial hearing. The Solicitor explained the Council must now give Mr. Burns the ability to respond to some of the issues raised at the initial hearing about his fitness to have this license.
He noted portions of RIGL 28-5.1-14, that despite being state law, was referenced in the decision which included Sec. (d) No person shall be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for which an occupational license, permit, certificate, or registration is required to be issued by the state or any of its agencies or any state licensing board or commission, solely or in part, because of a prior conviction of a crime or crimes unless the underlying crime or crimes substantially relate to the occupation to which the license applies. Any other state law to the contrary will be superseded by this provision.
He recommended that members refer to sections (f), (g), (h) and (i) which included specific factors to be used in their determinations.
He stressed that if council members believed the applicant was not qualified, specific reasons must be put on record. Contrarily, if the council decided the applicant was qualified, then the lottery system for selection would commence.
Mr. Burns addressed Council, explaining why he thought issues related to his BCI were now irrelevant. Noting that while he understood the concerns, he affirmed that his record included past misdemeanors only and should not disqualify him from owning or operating a liquor store based on Rhode Island's Fair Chance Licensing Act, which aims to prevent discrimination based on criminal records. He stated he had completed all court ordered programs, paid all fines and his criminal record has been clear since 2013.
He furthered that he was a family man with two young children, has had a successful 20 year career in banking, and has been a vice president at Bank Newport for the past eight years. He stated he contributes up to 100 hours of community service and volunteer hours annually, is a member of the Newport Lions Club and regularly supports local nonprofit organizations.
The council asked questions of Mr. Burns' and deliberated over new information which included a DUI charge from April 2023 that, although dismissed, resulted in a civil charge for refusal to submit to a chemical test. Council members expressed their apprehensions regarding the implications of allowing someone with a history of alcohol-related incidents to operate a liquor store, particularly in a residential area. Other concerns were about the location’s proximity to the residential area as well as adequate parking and impact on Main Road traffic. They also asked for clarification from the solicitor related to the DBR decision, which referenced a state statute. Solicitor Marcello explained that even the DBR in the decision indicates that it doesn't apply to local licensing authorities, but that it does provide guidance.
Councilor Burk motioned to uphold the previous decision to not allow Mr. Burns’ application to move forward for the reasons of the history of both domestic violence and alcohol related incidents as well as location. Seconded by Councilor deMedeiros.
Solicitor Marcello asked the Council to vote via roll call and articulate their reasoning.
Councilor Committo voted NO, stating that while he has some issue with location, he is a believer in second chances.
Councilor Burk votes YES, saying that owning a liquor establishment has a higher threshold than most other types of establishments and his history is all alcohol and domestic violence related incidents. He furthered that while Mr. Burns may have made improvements in his life, he did not believe that was the type of person who should operate a liquor store.
Councilor Janick voted YES, stating the location was not ideal and that she believed it would increase traffic.
Councilor deMedeiros voted YES, stated her reasons were due to location and also the applicants’ moral character, especially related to the more recent undisclosed civil charge in 2023.
Council Vice President Paull votes YES, mentioning the most recent DUI, and well as location. He added that refusing to submit, in his opinion, was pleading the fifth.
Council Perry voted YES, based on location and stated he would not repeat what his colleagues have already said.
Council President Edwards V voted NO, commenting that he had known Mr. Burns for years and that he was a very different gentleman from who he was 15 or 20 years ago. He added that he didn’t think he would have worked at multiple banks, if character was an issue.
The motion passed 5-2, via a roll call vote, with Councilors Committo and Edwards V opposed.
Solicitor Marcello then affirmed that the original decision to grant Muhammad Khera of East Horizon, Inc. d/b/a Hot Shot Liquors, the Class A Liquor License, would stand.
Richard Humphries, counsel for Mr. Khera, approached the Council, asking for another approval of Mr. Khera’s Class A license. Solicitor Marcello replied that it was unnecessary as the record was clear the Council did not allow passage to the lottery by rejection of Mr. Burns’ application.
E. Approval of the proposed amendment to the Tiverton Code of Ordinance Chapter 26 CEMETERIES. This proposed new ordinance will add Sections 26-3 and 26-4 for the purpose of establishing prohibitions, other restrictions, and penalties related to parking at the Pocasset Hill Cemetery
President Edwards V opened the public hearing. No one presented to speak. The hearing was closed.
Councilor Committo pointed out the contradiction of limiting parking when there currently was no parking in the cemetery.
Cemetery Commission Chair, Bob Sedoma explained the request for clear parking restrictions to prevent unauthorized vehicles from obstructing cemetery operations. He mentioned that on occasion, vehicles had been left unattended, which could hinder maintenance work and create safety concerns.
There was council agreement on the importance of clear ordinance language in order to facilitate enforcement. Suggestions were made to specify that parking would be allowed only for "cemetery business," which includes visiting graves or attending funerals. The Solicitor was directed to draft the appropriate new language for consideration at the next meeting.
Councilor Committo motioned to continue the public hearing to the next meeting. Seconded by Councilor deMedeiros, the motion passed unanimously.
7. GENERAL BUSINESS
A. Dog Park Committee: Discussion and possible vote regarding the Raymond F. Jones Memorial Dog Park event “Paw-A-Palooza” on October 4, 2025, from 10:00 AM to 2:00 PM
Councilor Perry motioned to approve the “Paw-A-Palooza” event on October 4, 2025, from 10:00 AM to 2:00 PM. Seconded by Councilor Paull, the motion passed unanimously.
B. Discussion and possible vote to accept a gratis land transfer of approximately 87,075 sf of RIDOT owned land currently known as Service Road T-3
Councilor Burk questioned how the acceptance would be beneficial to the Town. Councilor Edwards V explained that as a state service road, residents that live there have had great difficulty bringing in electric service nor benefited from any town services. He added there were a couple other lots on the road as well. Councilor Committo argued that electric service for all lots was in place, and recommended that the DPW Director inspect the road to ensure feasibility.
Representative Jay Edwards approached the Council, affirming that it was is a state-owned property, only meant to be a service road meant to access Route 24. He explained that it was in significant disrepair, and constituents lived there with no town services.
Councilor Janick motioned to accept the gratis land transfer of approximately 87,075 sf of RIDOT owned land currently known as Service Road T-3. Seconded by Councilor Paull, the motion passed unanimously.
C. Tiverton Planning Board/William Gerlach: Discussion and possible vote to schedule and advertise public hearing on proposed amendments to the Tiverton Code of Ordinances, Appendix A - Zoning, Article II, Definitions; 7 Article IV, Section 4, District Use Regulations, Public and Semipublic uses; and Article VI, 8 Section 10, Other District Regulations, Performance Criteria.
1. Article II, Definitions: Add definitions for “Cat rescue” and “Cat shelter.”
2. Article IV, Section 4: Adding to the District Use Table “Cat rescue and/or cat shelter” 13 (§4(s)).
3. Article VI, Other District Regulations: performance standards are proposed in Article VI, Section 10, for: “Cat rescue and/or cat shelter” (§4(s)).
Councilor Perry motioned to advertise the proposed amendments as listed. Seconded by Councilor Paull, the motion passed unanimously.
D. Council President Edwards: Discussion and vote to allocate up to $5,000 from council contingency (Account No. 1020-6890) for Tiverton Staff/Employee Appreciation Day (August 29, 2025).
Councilor Burk motioned to allocate up to $5,000 from council contingency (Account No. 1020-6890) for Tiverton Staff/Employee Appreciation Day (August 29, 2025). Seconded by Councilor deMedeiros, the motion passed unanimously.
E. Authorization for the Town Administrator to teach a class at CCRI for FY 2026 not to interfere with his duties as Town Administrator.
Councilor Burk motioned to allow the Town Administrator to teach a class at CCRI for FY 2026 not to interfere with his duties as Town Administrator. Seconded by Councilor Paull, the motion passed unanimously.
F. Town Administrator: Discussion and update on Townwide Trash Survey
Administrator Jones announced he was going to release the results to the public within the next 24 hours, noting he was pleased to see there had been 1407 responses.
G. Town Administrator: Update on Town Hall Renovations
Administrator Jones updated that while the project had gone mostly according to plan, asbestos was recently found in flooring tiles hidden underneath old carpet in the town clerk's office, planning office, town council chambers and in ceiling tiles in the building official's office. Jones said the town will go out to bid to have the asbestos abated. He noted that the exterior shingles were not able to be power washed as projected, but would now require full replacement.
H. Council President Edwards: Discussion related to Tiverton Code of Ordinance Chapter 66, Section 66-102 related to the recycling committee
President Edwards V stated that the Clerks’ office were unable to what created the Landfill and Recycling Committee and added that he believed the committee was ostensibly defunct and without members at this point. He queried the council to see if they were in agreement to eliminating the committee. Others commented that the committee had been an offshoot of the Landfill Committee back in 2006. The Solicitor noted the committee could be stricken from the ordinance, and a vote could be taken at the next meeting.
President Edwards V announced an item would be added for discussion only under RIGL 42-46-6(b) to discuss a memo received from DPW Director related to the DPW vehicle fleet.
Councilor Paull motioned to add the item for discussion only. Seconded by Councilor deMedeiros, the motion passed unanimously.
Director Silvia began noting that multiple trucks and a tractor have gone down, preventing mowing. After conducting a recent evaluation of the fleet and assessment of plow trucks, he confirmed that out of 11 trucks meant for winter maintenance, only 2 were capable of being put on the road. After further work, 2 to 4 more trucks might be ready in the future. Despite this, he warned the DPW would have a shortfall of winter maintenance equipment by at least 5 vehicles. He expressed concern of waiting until the capital fund meeting on 8/29, as typical lead times were 12 weeks or more to order trucks than to have them upgraded with plows, dump body, and sanders. He requested the Council to consider allowing the DPW to order three more trucks now. He confirmed the estimated cost were approximately $111,000 each. It was agreed to place the item on the next meeting agenda on September 8, for consideration.
8. EXECUTIVE SESSION
A. Administrator Jones - R.I. Gen. Laws § 42-46-5(a)(2) Collective Bargaining: Update on AFSCME Local 2670A negotiations
Councilor deMedeiros motioned to enter into Executive Session for agenda item 8-A. Seconded by Councilor Paull, the motion passed unanimously.
The council entered a closed executive session at approximately 9:18 p.m.
The Council returned to open session at approximately 9:20 p.m.
Councilor Committo motioned to seal the minutes of Executive Session. Councilor Burk seconded the motion. The motion passed unanimously.
Solicitor Marcello reported that item 8-A discussion only.
9. ADJOURNMENT
Councilor Committo motioned to adjourn the meeting. Councilor Burk seconded the motion. The motion passed unanimously. The meeting adjourned at 9:21 p.m.
A True Copy.
ATTEST______________________________________
Jean Marie Veegh, Deputy Town Clerk