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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 24, 2025, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.
1. CALL TO ORDER
Council President Edwards V called the meeting to order and welcomed Ret. Army Major and Ret. Tiverton Police Sergeant Charles Mulcahy and the President of the local VFW Post Posted the Colors and presented the Combat Veterans flag for permanent display in the Council chambers.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Council President Edwards V called for 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 | Blake B. Hayden | Deborah G. Janick |
Absent
Denise M. deMedeiros
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. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Planning Board (3)
2. Conservation Commission (2)
3. Personnel Board (1)
B. Acknowledge Receipt of Reports
1. Treasurer Saurette – January 2025 Budget and Revenue Reports
2. School Department YTD Budget v. Actual Report – January 2025
3. Cemetery Commission – 2024 Annual Report
C. Acknowledge Receipt of Correspondence
1. Letter from Bruce Randall requesting impact studies on all proposed housing developments
2. Town of Jamestown – Resolution to request Certain Amendments to Chapter 15 of Title 46 of the
General laws
3. Newport City Council – Invitation to Newport RI 69th Annual St. Patrick’s Day Parade
4. Karen Ephraim – Opposition to proposed construction recycling business in Industrial Park
D. Approval of Tax Assessor Abatements – $7,169.25
E. Approval of Budget Transfers:
1. $5,000.00 from Acct# 3330-6928 Education/Seminar to Acct# 3330-6735 Software
2. $40,000.00 from Acct# 5540-5101 DPW Maint Workers to Acct# 5540-6648 Equipment Repair
F. Approve funding to advertise for bids to sell surplus vehicles from Police, Fire, and DPW departments
G. Councilor Hayden Gateway Signage initiative – Hold for casino fund appropriation meeting
H. Councilor Hayden Addition of LifeVac Devices to Safety Equipment – refer to School, Police and Fire
Departments
I. Councilor Hayden Proposal for Cooperative venture between NESC and Town of Tiverton – refer to
Recreation Commission
Councilor Janick pulled items C-1 and C-4
Councilor Edwards V pulled C-3
Councilor Paull motioned to approve the Consent Agenda with the exception of items C-1, C-3, and C-4. Seconded by Councilor Janick, the motion passed unanimously.
Re: C-1, Councilor Janick referenced the letter from Bruce Randall, that cited concerns over new proposed developments. She clarified that effective January 1, state laws related to affordable housing changed what the Planning Board could or could not approve. She encouraged those concerned to contact their state representatives.
Re: C-4, Councilor Janick asked if a meeting had been scheduled with Karen Ephraim. Councilor Edwards V said he was in the process of scheduling a meeting, and invited Councilor Janick to join, which she accepted.
Re: C-3, Councilor Edwards V encouraged the Council to attend the Newport St. Patrick’s Day parade on March 15th, 2025.
Councilor Paull motioned to approve the Consent Agenda items C-1, C-3 and C-4. Seconded by Councilor Janick, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Paul L'Heureux, General Manager of North Tiverton Fire District (NTFD), addressed the council in opposition to the proposed resolution to merge the NTFD with Stonebridge Fire District. He stated that NTFD had a long history of fiscal responsibility managing the utility infrastructure by maintaining and upgrading our pump stations, water tank, and pipeline system in addition to a recently added cellular metering system that can identify customer leaks at the source, allowing notice within 24 hours. He explained the upgrades came at a cost of higher water and tax rates as well as the procurement of seven long-term loans. He alleged that the Town Council came to conclusions without knowledge of how the fire districts operate or their financial standings. He furthered that Stonebridge Fire District has not maintained its infrastructure in the same manner, and combining the districts would divert efforts away from maintaining the NTFD infrastructure. He said without a large infusion of cash, merging the two would make NTFD insolvent. He asked the Council to reject the proposal, as it was not good for his customers or the Town.
Resident Pat Aguiar spoke in firm opposition to the proposed water district merger. She stated that NTFD doesn’t need the many problems and old equipment that Stonebridge has. She also expressed concerns about the large number of proposed new housing developments.
6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. 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
4. Barbara F. Murray, 803 Lake Road - Requests appointment for term ending 4/15/2026
Barbara Murray was interviewed by the Council. The first three had been interviewed at the previous meeting.
Councilor Paull motioned to waive policy and proceed to appointment. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Paull motioned to appoint Robin Sedoma to the Cemetery Commission, for a term ending April 15, 2026. Seconded by Councilor Perry.
Councilor Committo motioned to appoint Melissa Napier to the Cemetery Commission, for a term ending April 15, 2026. Seconded by Councilor Hayden.
The Clerk conducted a roll call vote.
Craig R. Committo – Napier
Blake B. Hayden – Napier
Deborah G. Janick – Napier
David J. Paull - Sedoma
David Perry- Sedoma
John G. Edwards V – Napier
Ms. Napier was appointed with a 4-2 majority vote.
B. Semiquincentennial Commission - (1) Council Member
Councilor Hayden volunteered to replace Council President Edwards V as the council member on the committee.
7. BOARD OF LICENSING - Discussion and possible vote
A. Jose Souza/RetroXpo– Requesting Special Event permit for Comic Con style event at Longplex Family
& Sports Center with local artists and vendors on April 5, 2025, from 10:00 am to 6:00 pm,
subject to meeting all legal requirements
Councilor Paull motioned to approve the special event permit, subject to meeting all legal requirements. Seconded by Councilor Perry, the motion passed unanimously.
B. Alison Murphy/Green Kids Consignment, LLC – Requests approval of Special Event permit for
children’s consignment sale at Longplex Family & Sports Center from April 30, 2025 (set up day) thru
May 4, 2025 from 9:00 to 9:00 pm, subject to meeting all legal requirements
C. Alison Murphy/Green Kids Consignment, LLC – Requests approval of Special Event permit for
children’s consignment sale at Longplex Family & Sports Center from October 1, 2025 (set up day)
thru October 5, 2025 from 9:00 to 9:00 pm, subject to meeting all legal requirements
Councilor Hayden motioned to approve items 7-B and 7-C, as stated in the agenda. Seconded by Councilor Perry, the motion passed unanimously.
Without objection, Council President Edwards V moved item 9-A forward.
A. Mega Disposal presentation – Discussion, review, and possible vote regarding trash/recycling contract
proposal options (cont. from 2/10/2025)
Council President Edwards V introduced Jim Simoneau from Mega Disposal, who returned with more information related to a possible shift to automated trash and recycling. Mr. Edwards stated this would be an annual increase of $130,000.00 on the existing contract and the town would potentially purchase the bins for the residents.
Councilor Janick expressed concern over the large-sized bins being a hazard for the elderly and disabled. Mr. Simoneau suggested purchasing more of the 65-gallon bins as opposed to the standard 95-gallon size. Ms. Janick noted that the small size could still pose problems for some. Councilor Committo asked if they could bring a couple of the smaller containers to the Senior Center to test the feasibility. Councilor Perry requested to have sample bins brought to the Town Hall for residents to view.
Councilor Hayden motioned to direct Council President Edwards V and the Interim Town Administrator to enter into negotiations with Mega Disposal to explore proposal options as discussed. Seconded by Councilor Perry, the motion passed unanimously.
Without objection, Council President Edwards V moved item 9-B forward.
B. Bart Fromuth/Freedom Energy Logistics – Community Choice Aggregation (CCA) presentation
Mr. Fromuth with Energy Logistics explained Community Choice Aggregation (CCA) as a town-enabled buying group or an aggregation of all electricity ratepayers within a given jurisdiction that enables competition with Rhode Island Energy's standard electricity price. Currently, there are 12 active aggregations within the 30+ RI towns. The program tries to deliver cost savings to residents. He noted that the Councilors have the ability to vote the town into the program, and a resident would have to affirmatively opt-out. He stated that the savings average 10% and 25% and are more pronounced during winter months. He said the firm helps to put together the aggregation plan and would handle the education materials and the required public hearings. Residents would deal with Freedom Energy Logistics directly if they wish to opt-out.
8. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes (cont. from February 10, 2025)
A. 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 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.
Council President Edwards V noted this was a continuation of the public hearing from the last meeting.
Pat Aguiar of 130 Bay Street emphatically asked, “planning and zoning to leave them alone down there” and insinuated that the town was playing a waiting game until homes sell to require septic systems be installed.
Council President Edwards V closed the public hearing.
Solicitor Romano, Planning Board Chair Hilton, and Interim Planner Sweet were present to answer any further questions and explain the Use tables. They had provided color-coded handouts as aids in understanding the previous, current, and future proposed use changes.
Councilor Paull motioned to approve the Zoning Ordinance Amendments as listed. Seconded by Councilor Perry, the motion passed unanimously.
Potential Amendments by the Council to the proposed Zoning Ordinance:
1. 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
2. Recommendations on Article IV Section 10 (j) Gasoline filling station, including retail sales as an accessory use and Section 11 (d) Commercial off-street parking facility, including bus or other vehicle storage
Council President Edwards V noted that the above-listed potential amendments would be sent back to the
Planning Board for future recommendations.
9. GENERAL BUSINESS
A. Mega Disposal presentation – Discussion, review, and possible vote regarding trash/recycling contract
proposal options (cont. from 2/10/2025)
Item taken earlier in the meeting.
B. Bart Fromuth/Freedom Energy Logistics – Community Choice Aggregation (CCA) presentation
Item taken earlier in the meeting.
C. Tricia Hilton/Planning Board – Overview and discussion on comprehensive development applications
for consideration at Planning Board (to include approval status of current applications)
Planning Board Chair Hilton gave a screen presentation to explain Rhode Island General Laws driving unprecedented residential development under the auspices of solving affordable housing and the pressures the Town faces with unprecedented comprehensive development applications. She noted that most everyone understands the need for affordable housing, yet the law presents significant challenges. (See related video for full presentation). Council discussion followed the presentation.
D. Councilor Paull - 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 recused himself and stepped away from the table.
Councilor Janick expressed concern over the legality of the proposed water district merger, and the lack of notification of affected residents. She stated she would be voting no.
Councilor Committo voiced similar concerns and questioned pertinent information seemingly withheld from Stonebridge to date. He mentioned that he was still in the fact-finding stage. He suggested tabling the item until more information is received.
Solicitor Marcello explained the districts were created by the General Assembly and that the resolution is asking the General Assembly to take a look at a potential merger.
Meredith Mucci from 333 East Road, questioned the timing of the merger during the issue with the proposed residential development.
Councilor Hayden motioned to approve Council Resolution 2025-0006. Seconded by Councilor Perry, the motion passed 3-2, with Councilors Janick and Committo opposed.
Council President Edwards V returned to the table.
E. Councilor Hayden – Discussion and possible vote on strategic plan for updating water infrastructure
Councilor Hayden noted the item had just been discussed in detail, reiterating his support for the matter to be investigated.
F. Councilor Hayden – Discussion and possible vote on Police sub-station at Bally’s Casino
Councilor Hayden stated that he had reviewed police reports that he believed indicated that 15% of crime at the casino. Interim Administrator Jones, also the Police Chief, replied that in the last three years, approximately 1.7% of calls for service at the casino, with 11.8% of the arrests. He considered it to be a low percentage. He reminded that the Town had allocated $50,000 for a feasibility study for a new Public Safety Complex, and suggested that Council Hayden consider joining that committee for input.
G. Interim Administrator Jones – Discussion and possible vote to authorize the use of gaming funds to
redesign the current town website
1. Councilor Hayden - Recommendation for review of CivicPlus proposal
Substantial discussion ensued relative to the benefits and opportunities of the website upgrade.
Councilor Hayden motioned to approve signing then contract with Civic Plus for $138,000.00 for updating the website, pending no annual technology uplifts, and directing the Administrator to draft the requisite resolution necessary to utilize casino funds. Seconded by Councilor Perry, the motion passed unanimously.
H. Council President Edwards V - Discussion and possible vote regarding FY26 Budget, including Police,
Fire and DPW Departments
It was agreed to address this on the 3/10/2025 agenda.
I. Council President Edwards V – Discussion and possible vote regarding Employee/Volunteer
Appreciation Day
Councilor Paull motioned to authorize the Interim Town Administrator to select the date and the rain date for the event. Seconded by Councilor Janick, the motion passed unanimously.
J. Council President Edwards V – Discussion and possible vote regarding Council calendar change for
April.
Councilor Edwards V motioned to change the council meeting calendar for April from April 14 and April 28 to April 7 and April 21. Seconded by Councilor Perry, the motion passed unanimously.
K. Council President Edwards V – Discussion and possible vote to approve Council Resolution
2025-0007 in support of House Bill 2025-H5453
Councilor Paull motioned to approve Council Resolution 2025-0007 in support of house Bill 2025-H5453. Seconded by Councilor Janick, the motion passed unanimously.
10. EXECUTIVE SESSION
A. Council President Edwards V – R.I. Gen. Laws § 42-46-5(a)(2) – Discussion and possible vote on
potential legal action by the Town to prevent the Tiverton School Committee or Tiverton School
Department, from expending funds for a third party to conduct a search for a new Superintendent of
Schools. Such legal action may include emergency and permanent injunctive relief.
B. Interim Town Administrator - R.I. Gen. Laws § 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 items 10-A and 10-B. Seconded by Councilor Paull, the motion passed unanimously.
The council entered a closed executive session at approximately 10:00 p.m.
The Council returned to open session at approximately 10:49 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 item 10-A discussion regarding potential legal strategy, the specifics which cannot be disclosed at the current time, and for item 10-B counteroffer was accepted, but the details cannot be disclosed until the purchase and sales are finalized and executed.
11. ADJOURNMENT
Councilor Paull motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion unanimously passed. The meeting adjourned at 10:52 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, CMC Town Clerk