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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, February 10, 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.
3. ROLL CALL
Present
| President John G. Edwards V | Vice President David J. Paull | David Perry |
| Denise M. deMedeiros | Craig R. Committo | Blake B. Hayden |
| Deborah G. Janick | | |
Interim Town Administrator Jones, Solicitor Marcello, Clerk Chabot, and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
Council President Edwards V read the items on the Consent Agenda.
4. CONSENT AGENDA
A. Approval of Town Council Minutes
1. January 27, 2025 – Regular Meeting
2. January 27, 2025 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Personnel Board (3)
2. Harbor Commission (1)
3. Historical Cemeteries (2)
4. Economic Development Commission (2)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – January 2025
2. Town Administrator – Police and Fire Department Overtime Reports – January 2025
D. Acknowledge Receipt of Correspondence
1. Letter from ACLU re: immigration model ordinance
2. Ron Bonin Law/Breach of Contract Claim – referred to School Department and The Trust
E. Approval of Tax Assessor Abatements – $781.23
F. Approval of Narragansett Electric/Verizon Joint Pole Petition for Pole 2751-84 on Lake Road
G. Approval of Police Department Budget Transfers
1. $6,000.00 from Acct# 3330-7590 IT/Comp to Acct# 3330-6735 Software
H. Final approval of Town Council Governance Policy as amended 1/27/2025
Councilor deMedeiros pulled item D-2 and H
Councilor Janick pulled item A-1 and D-1
Councilor deMedeiros motioned to approve the Consent Agenda with the exception of items A-1, D-1, D-2 and H. Seconded by Councilor Paull, the motion passed unanimously.
Re: A-1, Councilor Janick asked about a particular motion made by Councilor deMedeiros, which she ultimately opposed. Councilor deMedeiros explained she had motioned for discussion.
Re: D-1, Councilor Janick asked if further action was required related to the ACLU letter.
Re: D-2, the School Committee lawsuit, Councilor deMedeiros warned that The Trust must be contacted and the issue followed closely.
Councilor deMedeiros motioned to approve the Consent Agenda items A-1, D-1, D-2. Seconded by Councilor Paull, the motion passed unanimously.
Re: H, Councilor deMedeiros noted that as two members had not voted in favor of the Governance Policy amendments, she preferred the item be voted on separately.
Councilor Perry motioned to approve the Consent Agenda item H. Seconded by Councilor Paull, the motion passed 5-2, with Councilors Janick and deMedeiros opposed.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Council President announced that item 8N would be removed from the agenda.
Ryan DeMello of 1134 Wapping Road, Middletown and his attorney Michael Monti; currently in negotiations to acquire land in the Industrial Park, relayed concerns over potential changes to the town’s use table and zoning code. Mr. Monti stated the Zoning Enforcement officer had advised that the intended use of the property as a construction debris separation facility, would not be permitted. He was advocating for consideration to allow the intended uses. Solicitor Marcello advised that a definition of construction demolition debris should be updated, and potentially considered by council for allowance in certain zones. The Council agreed to instruct the Solicitor to draft the appropriate language to send to the Planning Board.
Hannah Medeiros, 1761 Main Road spoke advocating for zoning that supports small business, as well as more accessibility and affordable rental properties.
Karen Ephraim of 74 N. Christopher Ave. relayed concerns over the potential zoning changes. She formally requested a meeting with the council and her neighbors, to discuss how water department owned land behind North Christopher Avenue had been changed years ago to Industrial, without notice to abutters. She also warned of negative effects on the environment and drinking water if zoning changes allowed Ryan DeMello’s proposed business.
Despite it being pulled off the agenda, Sally Ferreira of 23 Last Street, questioned item 8-N related to water district merger, how one would become aware of any relative future discussions.
Jamie French of Craig Avenue believed the appointment of liaisons for the water and sewer departments was inappropriate, they were not town departments. She also expressed concern that such a major decision could happen without public input.
Mike Burk of Durfee Road commented that the council has liaisons for manygroups that are not town boards or commissions, citing Newport Chamber of Commerce and the School Committee. He also reiterated his support of approving Adam Rapoza’s application to the North End and Industrial/Business Park Advisory Subcommittee.
Patricia Aguiar of 130 Bay Street expressed her displeasure with the suggested merger of North Tiverton and Stone Bridge Fire Districts. She said that North Tiverton paid to develop infrastructure, and should not have to pay for the south side that did not do the same.
6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. Brian Gouge from North End and Industrial/Business Park Advisory Subcommittee, effective
1/17/2025
2. Chris Shriver from Planning Board and Harbor Commission, effective 2/2/2025
Councilor Perry motioned to accept the resignations with thanks and regret. Seconded by Councilor Paull, the motion passed unanimously.
B. North End and Industrial/Business Park Advisory Subcommittee - (14) Member Board (1) Vacancy
1. Adam Rapoza, 31 Carpenter Street - Requests appointment for term ending 8/1/2025
Councilor deMedeiros motion to waive policy and proceed to appointment. Seconded by Councilor Paull, the motion passed unanimously.
Councilor deMedeiros motion to appoint Adam Rapoza to the North End and Industrial/Business Park Advisory Subcommittee, for a term ending August 1, 2025. Seconded by Councilor Janick, the motion passed unanimously.
C. Cemetery Commission - (5) Member Board (1) Vacancy
1. Robin Ann Sedoma, 19 Bayview Avenue - Requests appointment for term ending 4/15/2026
2. Abigail Pimental, 557 Hancock Street - Requests appointment for term ending 4/15/2026
3. Melissa Napier, 104 Hambly Road - Requests appointment for term ending 4/15/2026
Ms. Sedoma and Melissa Napier were interviewed by the Council. Ms. Pimental was not present. As there were multiple candidates for one position, the vote would be held until the next meeting.
D. Arts Committee - (5) Member Board (3) Vacancy
1. Stephen P. Healy, 113 Russell Drive - Requests appointment for term ending 4/15/2026
Mr. Healy was interviewed by the Council.
Councilor Perry motion to waive policy and proceed to appointment. Seconded by Councilor Paull, the motion passed unanimously.
Councilor Perry motion to appoint Stephen Healy to the Arts Committee, for a term ending April 15, 2026. Seconded by Councilor Paull, the motion passed unanimously.
E. Planning Board - (9) Member Board (1) Vacancy
1. Anne Lawton, 155 Kearns Avenue - Requests appointment for term ending 7/15/2026
Ms. Lawton was interviewed by the Council.
Councilor Paull motioned to waive policy and proceed to appointment. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Paull motioned to appoint Anne Lawton to the Planning Board, for a term ending July 15, 2026. Seconded by Councilor Perry, the motion passed unanimously.
F. Discussion on establishing council liaisons for the following:
1. Charter Review Commission
2. Tiverton Wastewater District
3. North Tiverton Fire District Water Department
4. Stone Bridge Fire District Water Department
The liaison positions were established as follows:
Charter Review Commission - Councilor Paull
Tiverton Wastewater District - Councilor Edwards V
North Tiverton Fire District Water Department - Councilors deMedeiros and Committo
Stone Bridge Fire District Water Department – Councilors deMedeiros and Committo
7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Approval of proposed Amendments to the Town of Tiverton Comprehensive Community Plan - Future
Land Use Map
SUMMARY OF FUTURE LAND USE MAP AMENDMENTS
PURSUANT TO Section 1-8 of the Tiverton Code of Ordinances, the amendments below, if adopted, will be effective on the date of passage. These are amendments to the Future Land Use Map are generally described as:
Amendments to which lots are located in the Waterfront-Related Uses portion of the existing Future Land Use Map, Figure 5-4, of the Comprehensive Community Plan are under consideration. The proposed amendments to the Future Land Use Map will reclassify some lots from “Waterfront-Related Uses” to the nearest residential designation, reclassify other lots from “Commercial Uses” to “Waterfront-Related Uses,” and reclassify some lots from their residential designation to “Waterfront-Related Uses.”
The lots which are under consideration to have their designation on the Future Land Use Map changed include, but may not be limited to:
Plat 115, Lots 154, 254;
Plat 302, Lots 215, 168, 684;
Plat 303, Lots 101-108, 113-125, 617;
Plat 304, Lots 151-155, 164-170;
Plat 305, Lots 114-124, 209-212, 214-220;
Plat 310, Lots 152, 154; and
Plat 409, Lots 103, 105, 153.
The proposed Future Land Use Map, not the above list, is the final authority on which lots will be reclassified.
The amendments to the Zoning Map if adopted, will be effective on the date of passage.
B. Approval of proposed Amendment to the Town District Zoning Map
SUMMARY OF ZONING MAP AMENDMENTS
PURSUANT TO Section 1-8 of the Tiverton Code of Ordinances, the amendments below, if adopted, will be effective on the date of passage. These are amendments to the Zoning Map are generally described as:
Amendments to which lots are located in the Waterfront Zone on the existing Zoning Map, are under consideration. The proposed amendments to the Zoning Map 1) change the Waterfront Zone to the Waterfront W1 and Waterfront W2 Zones and 2) designates which parcels will be located in the Waterfront W1 and Waterfront W2 Zones. Further, there are amendments to which lots are located within the Waterfront W1 and Waterfront W2 Zones. Some lots previously located in the Waterfront Zone have been removed and some lots have been added.
The lots are under consideration to have their designation on the Zoning Map changed either to a
Waterfront zone or removed from a Waterfront zone include but may not be limited to:
Plat 115, Lots 154, 254;
Plat 302, Lots 215, 168, 684;
Plat 303, Lots 101-108, 113-125, 617;
Plat 304, Lots 151-155, 164-170;
Plat 305, Lots 114-124, 209-212, 214-220;
Plat 310, Lots 152, 154; and
Plat 409, Lots 103, 105, 153.
The proposed zoning amendments increase the minimum required lot area for those lots designated as Waterfront W1. In addition, some lots that will be moved from the current Waterfront zone to the Residential R-30 zone may become nonconforming due to one or more dimensional standards. Further, some lots that will be moved from the General Commercial zone to the Waterfront W1 zone may become nonconforming due to one or more dimensional standard. Proposed changes in the dimensional standards for the Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business zones are in some instances reduced. These changes will not cause any existing lots to become nonconforming.
Where feasible, the Zoning District boundary line has been shifted to match property lines. This change is proposed to prevent bisected lots and to create a more easily interpreted Zoning Map.
The proposed Zoning Map, not the above list, is the final authority on which lots will be reclassified.
The amendments to the Zoning Map if adopted, will be effective on the date of passage.
C. Approval of proposed Amendment to the Zoning Ordinance
SUMMARY OF ZONING ORDINANCE AMENDMENTS
PURSUANT TO Section 1-8 of the Tiverton Code of Ordinances, the amendments below, if adopted, will be effective on the date of passage. These are amendments to the following Articles of Appendix A – Zoning Ordinance:
Article I, Section 5, to exempt the Town from the Zoning Ordinance for governmental functions;
Article II, Definitions;
Article III, Section 1, to split the Waterfront Zone and add from the Form Based Code the zones of Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business;
Article IV, Sections 1- 13A, adding uses, removing uses and renaming uses in the District Use Table. Further, identifying which uses are permitted by right, special use permit or not permitted. Incorporating the W1 and W2 waterfront zones as well as the zones of Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business. Section 15 is amended to add ‘Recycling Center’;
Article V, Sections 1, 2 and 4. These are amendments to the District Dimensional Table to incorporate the W1 and W2 waterfront zones as well as the zones of Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business. Section 15 is amended to add ‘Recycling Center.’ Further, the amendments clarify how many principal uses are permitted in the commercial, waterfront, and industrial zones. In addition, Building Height is amended and clarified and how height is measured is clarified and how adjustments for base flood elevation and freeboard are made;
Article VI, Section 10. These amendments create performance standards for multiple uses permitted by right;
Article VII, Section 2. This amendment recognizes pre-existing, non-conforming lots prior to June 24, 2024; and
Article XVI, Section 5. These amendments provide specific and objective criteria for uses that require a special use permit.
This section encompasses Public Hearing speakers, Council discussion and motions for items 7-A, 7-B, and 7-C.
President Edwards V opened the Public Hearing.
First to speak was Richard D’Addario, owner of Plat 310-Lot 154, a small vacant parcel at the corner of Bulgarmarsh and Main Road. Purchasing it approx. seven years ago, he invested a substantial amount for soil contamination remediation. He expressed concern that the proposed zoning change from General Commercial (GC) to Waterfront 2 (W2) would impose setbacks and lot coverage, affecting the ability to sell the property. He said that it was the undeveloped properties being changed from GC to W2 would be affected. He referenced a letter to council written by Gregory Lach, who owned abutting property and shared the same concerns. Rather than rely on a future zoning Board variance, he asked for his parcel to remain as General Commercial.
Jamie French, said that in order to change zoning you have to adopt the comprehensive community plan which, according to RIGL 45-22-2, requires public input. She stated not a single public meeting was held for residents to discuss ideas concerning land use and development, environmental development issues, vision and goals that would guide updates to the comprehensive community plan.
Solicitor Marcello responded to Ms. French’ concerns, stating this is not the adoption of a comprehensive community plan, rather an amendment to the existing comprehensive community plan, which has a different statutory scheme, requiring only a public hearing. Planning Board Chair and Zoning Revision Committee member Patricia Hilton, remarked that the Zoning Update Committee began meeting in September 2023, and held 29 properly noticed open public meetings, in addition to monthly Planning Board meetings and seven public workshops.
Stephen Hughes, spoke on behalf of the Tiverton Yacht Club, Commodore Jim Hilton and Trustee Wayne Kozinsky. Acknowledging they were not aware of the many meetings and proposed zoning changes, he stated the Yacht Club has existed for 70 years, before zoning existed, and was legal non-confirming under an existing judge’s order. Currently zoned residential, he said they would like to be considered for Waterfront 2, as they should be considered marine related. He explained the benefit would be to allow them to have more than one event per month. Planning Board Chair Hilton responded that the concern was that down the road, changing ownership, might cause issues with a commercial property situated completely surrounded by residential zoning. Solicitor Marcello noted that because the property was not on the list, if the council wished to entertain the request, abutters would need to be re-noticed.
William Macropoulos of 2371 Main Road, noted he was across the street from Mr. D’Addario’s Plat 310-Lot 154, and though not in opposition to his request to remain GC, he cautioned about traffic impacts on future commercial businesses.
John Moran, of 46 Riverside, complimented the Planning Board on their efforts and commented that most of it “looked pretty good” although he was not in favor of the Tiverton Yacht Club becoming commercial.
Patricia Aguiar of Bay Street, concerned about the intended commercial zoning in the north end of Tiverton, stated that neither the Council nor Planning Board cared about the north Tiverton residents.
Colleen Stanton of 50 Craig Ave. expressed concern over potential environmental impacts of the zoning changes. She also wondered how many N. Tiverton residents would be able to afford sewer installation.
Margaret Medeiros of 33 Bay Street, asked about the three undeveloped nearby lots (101-344, 345, 356) that she owned and had been trying to sell for four years. She stated she had received conflicting information from the town when trying to determine what the zoning actually was. Planning Board Chair Patricia Hilton replied the lots were currently zoned Waterfront, which was a commercial zone, and the proposal was to move them into Waterfront 1. Mrs. Medeiros was referred to Interim Planner Ashley Sweet for further questions.
Paul Duarte of 17 South Avenue, also a Harbor Commission and Bristol Coast Guard Auxillary member, expressed concern over his zoning changing to Waterfront. He was informed that the home was currently General Commercial, but was a legal non-conforming use, which would not change.
Walt Troia of 46 Summerfield Lane questioned the access route to Hicks farm area that was being proposed Waterfront or commercial. Council President Edwards V, replied that the result of active negotiations would likely render it as open space.
Joe Lach of 996 Seapowet Avenue voiced opposition to the proposed Waterfront 2 zone that extended south of the Nanaquaket Bridge and asked the Council to end the Waterfront 2 zone at the Nanaquaket Bridge as written in the comprehensive plan. He questioned where the waterfront public access or sidewalks would be as recommended by the Comprehensive Plan. He stated that only 0.13% of land in Tiverton was General Commercial, despite the Planning Board wanting to promote business.
Bob Gaw of 156 Horizon Drive voiced concern about the proposed zoning near the Hicks farm location and potential access issues.
Raeann Morrow of 17 Frazier Lane asked about how potential changes would impact her property adjacent to the Muddy Moose. She was told that she was an abutter but would not be directly impacted.
Fred Sousa of 51 King Road expressed concern over the lack of public involvement in the proposed changes. He questioned how exemptions could be considered for some and not others. He was advised by the Solicitor that anyone could ask for an exemption, that the Council could consider.
Jamie French, noting that Riverside Drive has residences that are in Waterfront that are reverting to residential, asked why Bay Street properties, not on the water, could not do the same. Councilor Committo explained that the area on Bay Street were vacant lots, and not existing homes.
Council President Edwards V announced the discussion would revert to Land Use Tables
Jamie French questioned the Waterfront 1 description as a high impact Marine related commercial use, yet the Use Table reads it has permitted by right industry and lacks specific definitions. The Solicitor explained that the Waterfront 1 definition provides locations for moderate to high impact Marine related commercial uses on and adjacent to the waterfront. Then, looking to industrial uses, he explained possible water related uses, which ultimately would need Zoning and Planning Board approvals. Ms. French specifically requested that change in Section 13 Industrial Uses (a) manufacturing storage processing activities and conformance, permitted in the Waterfront 1 and 2 to “not permitted.”
After a brief discussion among the Councilors, Solicitor Marcello confirmed that any amendments to the Future
Land Use Maps must also be applied to the Zoning Map Amendments.
Councilor Committo motioned to remove from consideration, Plat 310, Lots 152 and 154 from the Future Land Use Map and revert back to General Commercial. Seconded by Councilor Hayden, the motion passed unanimously.
Councilor Committo motioned to remove from consideration, Plat 310, Lots 152 and 154 from the Zoning Map and revert back to General Commercial. Seconded by Councilor Hayden, the motion passed unanimously.
Councilor Edwards V motioned to remove from consideration, Plat 115, Lots 154 and 254 and Plat 302, Lot 684 from the Future Land Use Map and revert back to Residential. Seconded by Councilor Hayden, the motion failed, 2-5, with Councilors Committo, Janick, deMedeiros, Paull and Perry opposed.
At this time, Solicitor Marcello advised Council to take a formal vote on the Future Land Use Map and the
Zoning Map, as amended.
Councilor Paull motioned to approve the Future Land Use Map as amended. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Perry motioned to approve the Zoning Map as amended. Seconded by Councilor Paull, the motion passed unanimously.
The Council took a 5 minute recess.
Without objection, Council President Edwards V took item 8-B, out of order.
B. Michael Monti/Sayer Regan & Thayer, LLP – Discussion and possible vote to accept public
improvements at Abigail Estates Subdivision, including roadway (Lyne Road) and streetlights
Attorney Monti, speaking on behalf of the residents, explained that due to the developer failing to complete
administrative tasks to have the road adopted, residents remained without public services; including public trash,
snow plowing and streetlights. He requested the Town accept the public improvements.
Councilor Hayden motioned to accept the public improvements, as requested. Seconded by Councilor Perry, the motion passed unanimously.
Potential Amendments by the Planning Board to the proposed Zoning Ordinance:
1. “Package liquor store,” should be made permitted by right in the VC and W2 zoning district in Article IV, Section 10, Item i;
President Edwards V asked if any member of the public wished to speak. No one presented for comment.
Councilor Hayden motioned to make “Package liquor store” permitted by right in the VC and W2 zoning district in Article IV, Section 10, Item i. Seconded by Councilor Committo, the motion passed unanimously.
2. Article VII Substandard Lots of Record, Section 2(b), the date should be amended from June 24, 2024 to the date that these amendments are adopted;
President Edwards V asked if any member of the public wished to speak. No one presented for comment.
Councilor Janick motioned that in Article VII Substandard Lots of Record, Section 2(b), the date should be amended from June 24, 2024 to the date that these amendments are adopted. Seconded by Councilor Paull, the motion passed unanimously.
3. “Retail business of less than 20,000 square foot building footprint,” should be made permitted by right in the VC zoning district in Article IV, Section 10, Item a;
President Edwards V asked if any member of the public wished to speak. No one presented for comment.
Councilor Perry motioned that “Retail business of less than 20,000 square foot building footprint,” should be made permitted by right in the VC zoning district in Article IV, Section 10, Item a. Seconded by Councilor Paull, the motion passed unanimously.
4. “Commercial Marina” use should be added to the use table under Article IV, Section 9, Item (n), and permitted by special use permit in the W1 and W2 zones subject to creation of performance standards and specific and objective special use criteria.
President Edwards V asked if any member of the public wished to speak.
Jamie French requested that a commercial marina or dock, be required to use shore power to prevent generators
running 24 hours a day, especially all night.
Councilor Perry motioned that “Commercial Marina” use should be added to the use table under Article IV, Section 9, Item (n), and permitted by special use permit in the W1 and W2 zones subject to creation of performance standards and specific and objective special use criteria. Seconded by Councilor Paull, the motion passed unanimously.
President Edwards V asked if any member of the public wished to speak regarding Article I. No one presented for
comment.
Councilor deMedeiros motioned to approve Article I, Section 5, to exempt the Town from the Zoning Ordinance for governmental functions. Seconded by Councilor Committo, the motion passed unanimously.
Regarding Article II, Solicitor Marcello advised that the definition of Earth Removal was different from the
definition of Earth Removal in Code of Ordinances 38-56 and should be made consistent. He suggested a motion
to amend accordingly.
President Edwards V asked if any member of the public wished to speak regarding Article II.
Jamie French questioned why there were no definitions for Marine Manufacturing, Processing, Marine Processing, Industrial Use of Industry, Marine Fabrication or Marine Storage. Assistant Solicitor Romano explained that it would be impossible to define every term, that there were rules of statutory interpretation as a guide, and the zoning officer has certain discretion, or, if necessary, could be referred to the zoning board.
Councilor Paull motioned to amend Article II, Definitions, to make Earth Removal definition match the
definition of Earth Removal set forth in the Code of Ordinances 38-56. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Paull motioned to approve Article II, Definitions, as amended. Seconded by Councilor Janick, the motion passed unanimously.
President Edwards V asked if any member of the public wished to speak regarding Article III.
Jamie French stated that in Definition O, Watershed Protection Overlay District includes watershed protection for Nonquit and Stafford ponds, but should include Mount Hope Bay, as RIDEM lists it as a watershed protection area.
Councilor Janick motioned to approve Article III, Section 1, to split the Waterfront Zone and add from the Form Based Code the zones of Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business. Seconded by Councilor Perry, the motion passed unanimously.
After substantial discussion relating to Article IV, it was decided to continue the remaining Articles
until the next meeting, to allow more time for the Council to have a thorough understanding of the changes.
Councilor Paull motioned to continue the remainder of the Articles in 7-C, and the Public Hearing, to the February 24 meeting. Seconded by Councilor Perry, the motion passed unanimously.
Potential Amendments by the Council to the proposed Zoning Ordinance:
Solicitor Marcello explained that these uses would be referred to the Planning Board to determine where they
should go and if they should be by special use permit or performance criteria.
1. Councilor Committo – amendment to Article IV Section 15 to eliminate from the list: q. Brewery, r. Campground, s. Distillery, v. Golf Course or Golf Club, y. Motor Cross/All-Terrain Vehicle Venue for driving, racing and/or instruction, kk. Tent or Recreational Vehicle (RV) camp, nn. Recycling Center
Jamie French supported the inclusion of Brewery, especially with well water use. Mike Burk, stated that although he likes beer and breweries, he was not a water expert, but believed some of these items required more time and research.
Councilor Paull motioned to ask the Planning Board to make recommendations as to the inclusion of Brewery into the use table. Seconded by Councilor Perry, the motion passed 5-2, with Councilors deMedeiros and Janick opposed.
Re: Campgrounds, Councilor Hayden recused himself and stepped away from the table.
Councilor Committo motioned to ask the Planning Board to make recommendations as to the inclusion of Campground into the use table. Seconded by Councilor Perry, the motion passed 4-2, with Councilors deMedeiros and Janick opposed.
Councilor Hayden returned to the table.
Councilor Committo motioned to ask the Planning Board to make recommendations as to the inclusion of Distillery into the use table. Seconded by Councilor Hayden, the motion passed 5-2, with Councilors deMedeiros and Janick opposed.
Councilor Committo motioned to ask the Planning Board to make recommendations as to the inclusion of Golf Course or Golf Club into the use table. Seconded by Councilor Hayden, the motion passed 5-2, with Councilors deMedeiros and Janick opposed.
Councilor Committo announced he wished to hold the Motor Cross/All-Terrain Vehicle Venue for driving, racing and/or instruction item until further notice.
Councilor Committo motioned to table Motor Cross/All-Terrain Vehicle Venue for driving, racing and/or instruction. Seconded by Councilor Perry, the motion passed unanimously.
Re: Tent or Recreational Vehicle (RV) camp, Councilor Hayden recused himself and stepped away from the table.
Councilor Committo motioned to ask the Planning Board to make recommendations as to the inclusion of Tent or Recreational Vehicle (RV) camp into the use table. Seconded by Councilor Perry, the motion passed 4-2, with Councilors deMedeiros and Janick opposed.
Councilor Hayden returned to the table.
Councilor Committo motioned to ask the Planning Board to make recommendations as to the inclusion of Recycling Center into the use table. Seconded by Councilor Perry, the motion passed 5-2, with Councilors deMedeiros and Janick opposed.
Without objection, it was agreed to hold the following item until the next meeting on February 24.
2. Councilor Committo – amendment to Article IV Section 6 to keep g. Riding stable or academy (previously
allowed in R-40, R-60, R-80, and NB) with performance criteria
8. GENERAL BUSINESS
Council President Edwards V announced that the Mega Disposal presentation would convene at the next meeting on February 24.
A. Mega Disposal presentation – Discussion, review, and possible vote regarding trash/recycling contract
proposal options (cont. from 1/27/2025), request to continue to 2/24/2025
Item taken previously out of order.
B. Michael Monti/Sayer Regan & Thayer, LLP – Discussion and possible vote to accept public
improvements at Abigail Estates Subdivision, including roadway (Lyne Road) and streetlights
C. Fire Chief Bailey – Discussion and possible vote to approve funding to advertise RFP to replace
exterior trim, gutters, and downspouts at Station 3 on Crandall Road
Councilor Paull motioned to approve funding to advertise RFP to replace exterior trim, gutters, and downspouts at Station 3 on Crandall Road. Seconded by Councilor Janick, the motion passed unanimously.
D. Fire Chief Bailey – Discussion and possible vote to approve funding to advertise RFP to replace
roof at Station 2 on Main Road
Councilor Paull motioned to approve funding to advertise RFP to replace roof at Station 2 on Main Road. Seconded by Councilor Janick, the motion passed unanimously.
E. Fire Chief Bailey - Discussion and possible vote to approve the purchase of one additional AED and
Wall cabinet for front foyer of Station 2
Councilor Paull motioned to approve the purchase of one additional AED and Wall cabinet for front foyer of Station 2. Seconded by Councilor Perry, the motion passed unanimously.
Without objection, Council President Edwards V took item 8-K, out of order.
K. Councilor Paull – Recognition of Fire Department response to fire at historic Nanaquaket Road home
With regard to the January 23, 2025 fire at 575 Nanaquaket Road, Fire Chief Bailey explained that despite being short staffed due to simultaneous EMS calls, his crew called in second and third alarms as well as a tanker task force due to lack of hydrants. He commended his team on an exceptional effort.
F. Council President Edwards V – Discussion and possible vote to approve Council Resolution 2025-0004
Appropriating funds from the Casino Special Revenue Account as discussed at the 1/27/2025 meeting
Councilor Paull motioned to approve Council Resolution 2025-0004 Appropriating funds from the Casino Special Revenue Account as discussed at the 1/27/2025 meeting. Seconded by Councilor Perry, the motion passed unanimously.
G. Council President Edwards V- Discussion and possible vote to approve ordinance amendment,
posting, and public hearing regarding the number of Class A retail liquor licenses
Councilor Paull motioned to approve ordinance amendment, posting, and public hearing regarding the number of Class A retail liquor licenses. Seconded by Councilor Perry, the motion passed unanimously.
H. Interim Town Administrator – Discussion and possible vote to ratify the proposed fiscal impact
statement to existing contract for Administrative Assistant Mary Lou Sullivan, effective 2/10/2025
Councilor Paull motioned to ratify the proposed fiscal impact statement to existing contract for Administrative Assistant Mary Lou Sullivan, effective 2/10/2025. Seconded by Councilor Janick, the motion passed unanimously.
I. Interim Town Administrator – Discussion and possible vote to ratify the proposed fiscal impact
statement to existing contract for Deputy Fire Chief Josh Ferreira, effective 2/12/2025
Item 8-I would be held until after executive session.
J. Council President Edwards V – Discussion and possible vote to give Town Clerk authority and control
over the Town Council Budget Line Item 1020-6954 (Advertising/Ordnances) for advertising RFPs
without the need for prior town council approval
Councilor Janick motioned to give Town Clerk authority and control over the Town Council Budget Line Item 1020-6954 (Advertising/Ordnances) for advertising RFPs without the need for prior town council approval. Seconded by Councilor Paull, the motion passed unanimously.
Item taken previously out of order.
K. Councilor Paull – Recognition of Fire Department response to fire at historic Nanaquaket Road home
L. Interim Town Administrator – Update on road hazard ice accumulation issue on Bulgarmarsh
Road/Route 177
Vice President Paull clarified that despite some public misconception, the town had been in contact with the state in an effort to manage a significant water issue that had created a roadway ice hazard. Tests confirmed the water was leaking from a Stone Bridge water line. Stone Bridge Fire District remediated the leak.
M. Council President Edwards V - Discussion and possible vote to approve Council Resolution 2025-0005
In support of House Bill 2024-H7075 regarding feral cats
Councilor Perry motioned to approve Council Resolution 2025-0005 In support of House Bill 2024-H7075 regarding feral cats. Seconded by Councilor Paull, the motion passed unanimously.
N. Council President Edwards V - Discussion and possible vote to approve Council Resolution 2025-0006
requesting legislative action related to North Tiverton Fire District and Stone Bridge Fire District-
Water
Council President Edwards V withdrew item 8-N.
O. Council President Edwards V – Discussion and possible vote regarding Employee/Volunteer
Appreciation Day
Without objection, Council President Edwards V continued item 8-O, to the next meeting.
P. Council President Edwards V – Discussion and possible vote regarding proposal to combine efforts
with Tiverton Wastewater District on RFP to clean and video record the town-owned sewer lines
Councilor Janick motioned to combine efforts with Tiverton Wastewater District on RFP to clean and video record the town-owned sewer lines. Seconded by Councilor deMedeiros, the motion passed unanimously.
9. EXECUTIVE SESSION
A. Interim Town Administrator – RIGL § 42-46-5(a)(5) – Discussion related to the acquisition or lease of
real property for public purposes wherein advanced public information would be detrimental to the
interest of the public – related to a conservation easement and related purchase and sale
B. Interim Town Administrator – RIGL § 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation
for Deputy Fire Chief Josh Ferreira – Notice given
C. Interim Town Administrator - RIGL § 42-46-5(a)(5) – Discussion and possible vote on the disposition of
publicly held property and lots in the Tiverton Industrial Park- related to purchase and sale and
future purchase option agreement
Councilor Edwards V motioned to enter into Executive Session for agenda item 9-A. Seconded by Councilor Hayden, the motion passed unanimously.
Councilor Edwards V motioned to enter into Executive Session for agenda item 9-B. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Edwards V motioned to enter into Executive Session for agenda item 9-C. Seconded by Councilor Paull, the motion passed 6-1, Councilor deMedeiros opposed.
The Council entered a closed executive session at approximately 11:06 p.m.
The Council returned to open session at approximately 12:13 p.m.
Councilor Paull motioned to seal the minutes of Executive Session. Councilor Perry seconded the motion.
The motion unanimously passed.
Solicitor Marcello reported for items 9-A and 9-B discussion only, no votes were taken, and for item 9-C vote was taken but the disclosure of any such votes taken in executive session at this point would be detrimental to the interests of the town and therefore they will not be disclosed at this time.
I. Interim Town Administrator – Discussion and possible vote to ratify the proposed fiscal impact
statement to existing contract for Deputy Fire Chief Josh Ferreira, effective 2/12/2025
Councilor Paull motioned to ratify the proposed fiscal impact statement to the existing contract for Deputy Fire Chief Josh Ferreira, effective 2/12/2025. Councilor Perry seconded the motion. The motion unanimously passed
10. ADJOURNMENT
Councilor Paull motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion unanimously passed. The meeting adjourned at 12:15 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, CMC Town Clerk