Click 
to view the meeting video.
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, January 13, 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 | Deborah G. Janick |
| Denise M. deMedeiros | Craig R. Committo | Blake B. Hayden |
| David Perry | | |
Interim Town Administrator Jones, Solicitor Marcello, Clerk Chabot, and Deputy Clerk Veegh were also present.
A moment of silence was held for the victims of the California wildfires.
BUSINESS BROUGHT BEFORE THE COUNCIL
Council President Edwards V read the items on the Consent Agenda.
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. December 9, 2024 – Regular Meeting
2. December 9, 2024 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Planning Board - (9)
2. Litter Control – (1)
3. Economic Development Commission – (1)
4. Board of Canvassers – (1)
5. Personnel Board – (2)
6. Harbor Commission – (1)
7. Conservation Commission – (1)
8. Historic Preservation Advisory Board – (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – December 2024
2. Police and Fire Department Overtime Reports – December 2024
D. Acknowledge Receipt of Correspondence
1. Gayle Lawrence – letter related to the Lafayette House
2. Harbor Commission – letter related to lots on Bay & Foote Streets
3. Freedom Energy Logistics – requesting opportunity for presentation (2/24/2025)
4. Michael Burk – Letter related to Tiverton Industrial Park
5. Harbor Commission/Marco Dirks – follow up letter on request to add Mount Hope Bay Greenway to the State Transportation Improvement Program
E. Approval of Tax Assessor Abatements – $5,355.95
F. Approval of DPW Budget Transfers
1. $60,000.00 from Acct# 5540-5101 DPW Maint Workers to Acct# 5540-6648 Equipment Repair
2 $16,000.00 from Acct# 5540-5101 DPW Maint Workers to Acct# 5130-5180 Maint/Labor Seasonal
Councilor Janick removed item D-1 thru 5
Councilor Perry removed item B-1 (Planning Board 11/12 meeting pg. 8)
Councilor Perry motioned to approve the Consent Agenda items except for items D-1 thru 5 and B-1. Seconded by Councilor Paull, the motion passed unanimously.
Re: B-1 Councilor Perry questioned the historical home on 439 Main Road that has demolition approval. Solicitor Marcello explained the Planning Board can authorize demolition in the master plan review, but the actual permit must be issued by the building official. He confirmed the permit had been issued.
Re: D-1, Relative to the Lafayette House, Councilor Janick asked the councilors to keep in mind Ms. Lawrence’s suggestion to petition the state to erect an historic marker on the property. Re: D-2, questioned the next steps post Harbor Commission’s recommendation to return the parcels to residential status. Solicitor Marcello suggested forwarding to Planning Board for their recommendation. Re: D-3, as the letter mistakenly noted “Burrillville Town Council” (typo) she asked for confirmation that Community Choice Aggregation was indeed planning a presentation in February. Re: D-4, she noted Mr. Burk’s letter as part of the official minutes. For D-5, Ms. Janick asked if the Mount Hope Greenway had been added to the State Transportation Improvement program. Interim Administrator Jones stated he did not believe so.
Councilor Janick motioned to approve items D-1 thru 5 and B-1. Seconded by Councilor Perry, the motion passed unanimously.
Pursuant to RIGL §42-46-6(b), Councilor Edwards V motioned to amend the agenda to add item under General Business, for discussion only, related to the correspondence from the Tiverton School Department dated January 10th, 2025 concerning the Tiverton School deficit for FY22 and corrective action plan. Seconded by Councilor Paull, the motion passed unanimously via roll call.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Resident Peter Moniz expressed disappointment in the lack of member selection and organization of the Semiquincentennial committee that formed in February 2024. He detailed the nature and specific goals of the committee to celebrate the 250th anniversary of the signing of the Declaration of the United States.
Joann Arruda spoke on behalf of herself and Jim Camara as Personnel Board members, in order to clarify a public statement made by a Town Administrator applicant at the count Town council meeting held on January 6, 2025 which we feel cast an unfavorable appearance undeservingly of the Personnel Board. The applicant said he was not notified of the receipt of his application or resume. Ms. Arruda stated the Board’s procedures during the application review process for any position is to send an email with the application status per RIGL 42-46-5 (a1) to the email address supplied on the application or resume. She confirmed that this applicant, and the five other applicants, were sent notice advising that their application was received and would be reviewed on 12/5/2024. She furthered that all council members were invited to attend the applicant interview held on 12/6/2024, and some members did attend.
Resident Maureen Morrow commented on item 7-G, commending the North End and Industrial/Business
Park Subcommittee, commending the members and its progress thus far that included engaged committee members. She stated that stopping the momentum now would be foolish.
Resident and North End and Industrial/Business Park Subcommittee member Ann Lawton expressed disappointment over item 7-G, warning that dissolving the subcommittee after 1.5 years of volunteer work would negatively impact the ability to attract volunteers for future committees.
6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. Diana Perdomo from Budget Committee, effective 1/7/2025
Councilor Paull motioned to accept the resignation of Diana Perdomo from Budget Committee with appreciation and regret. Seconded by Councilor Hayden, the motion passed unanimously.
B. Board of Canvassers – Republican seat vacated 11/27/2024, term ending 10/15/2027
1. Lori Meyers (current Republican Alternate)
Councilor Edwards V motioned to appoint Lori Meyers to the Board of Canvassers, Republican seat, for a term ending 10/15/2027. Seconded by Councilor Janick, the motion passed unanimously.
C. Historic Preservation Advisory Board - (5) Member Board (3) Year Terms (1) Vacancy
1. Zachary Guerette, 30 Edmond Lane - Requests appointment for term ending 10/15/2027
Councilor Hayden motioned to waive policy and appoint Zachary Guerette to the position. Seconded by Councilor Paull, the motion passed unanimously.
D. Zoning Revision Committee
1. Jay Edwards, 143 Merritt Ave – Requests appointment for term ending 5/7/2025
Councilor Paull motioned to table the item until after the General Business item revising the board composition. Seconded by Councilor Committo, the motion passed unanimously.
E. Assignment of Town Councilor Liaisons for Boards and Commission
The councilors assigned themselves various Boards and Commissions that they wished to volunteer as liaisons. The updated list would be available on the town website.
7. GENERAL BUSINESS
Previously added item pursuant to RIGL §42-46-6(b), for discussion only, related to the correspondence from the Tiverton School Department dated January 10th, 2025 concerning the Tiverton School deficit for FY22 and corrective action plan.
Council President Edwards explained the school committee sent notice to the town, the Auditor General and to RIDE, of a current year fiscal year deficit of $398,465.00 accompanied by a Corrective Action Plan (CAP).
Councilor deMedeiros pointed out that there was no explanation of how this deficit occurred, as well as Item 4 in the CAP that suggested using gaming funds to offset the deficit. She noted that gaming revenue was reserved for capital. She commented that using onetime funds to remedy would further increase the deficit.
Councilor Edwards added that this year’s budget gave the school department a generous 3.98% that allowed Fort Barton School to remain open. He stated that one time funds, if available, would not go towards maintenance of effort. He added that the department actually spent $1.5 million, far in excess of the allocated budget, offset by the proceeds of an asset sold. He expected the item to be placed on the 1/27/25 agenda for further discussion.
A. Council President Edwards – Discussion and possible vote regarding RIDOT Disposition of Surplus
State Land, State Right-of-way adjacent to W. S. Canning Blvd and Stafford Rd
Councilor Paull clarified these were two small parcels of land just north of the round-about, that are of no use or value to the town.
Councilor Paull motioned to take no action. Seconded by Councilor Janick, the motion passed 6-1, with Councilor deMedeiros abstaining.
B. Interim Town Administrator - Discussion and possible vote to ratify Part-Time Zoning Officer contract
Councilor Paull motioned to ratify Part-Time Zoning Officer contract for John Frank. Seconded by Councilor Janick, the motion passed unanimously.
C. DPW Director – Discussion and possible vote to advertise Request for Proposal (RFP) for Year 2025
Specified Recreational Facility and Turf Management Services
Councilor Hayden motioned to approve the request. Seconded by Councilor deMedeiros, the motion passed unanimously.
D. Discussion and possible vote to approve Council Resolution 2025-0001 Requesting Legislation for
Validating and Ratifying Amendments to the Tiverton Home Rule Charter as Voted on at the General
Election held on November 5, 2024
Councilor deMedeiros motioned to approve Council Resolution 2025-0001 Requesting Legislation for
Validating and Ratifying Amendments to the Tiverton Home Rule Charter as Voted on at the General Election held on November 5, 2024. Seconded by Councilor Janice, the motion passed unanimously.
E. Discussion and possible vote to approve amended Council Resolution 2025-0002 Establishing Zoning
Revision Committee to remove the requirement that one member be a Town Council member as
established by Resolution 2024-0003
Councilor Janick motioned to approve Council Resolution 2025-0002 Establishing Zoning Revision Committee. Seconded by Councilor Paull, the motion passed unanimously.
(Previously held item)
D. Zoning Revision Committee
1. Jay Edwards, 143 Merritt Ave – Requests appointment for term ending 5/7/2025
Councilor Paull motioned to appoint Jay Edwards to the Zoning Revision Committee for a term ending 5/7/2025. Seconded by Councilor deMedeiros, the motion 6-1, with Councilor Committo opposed.
F. Discussion and possible vote to approve Council Resolution 2025-0003 Appropriating funds from the
Casino Special Revenue Account as approved at the 12/9/2024 meeting
Councilor deMedeiros motioned to approve Council Resolution 2025-0003 Appropriating funds from the
Casino Special Revenue Account as approved at the 12/9/2024 meeting. Seconded by Councilor Paull, the motion passed unanimously.
G. Councilor Hayden – Discussion and possible vote to dissolve the North End and Industrial/Business
Park Subcommittee as established by Resolution 2024-0003 (as amended 11/25/2024)
Councilor Janick said a perception existed that there was a great divide between north and south with many north end residents believing they weren’t given a “fair shake” and the committee was developed to explore and develop a plan to spruce up the north end of Tiverton. She mentioned that studies had been completed in the past, but were either lost or never materialized. She said recent forums had occurred that has produced great participation and ideas. She added that shutting down the committee would tell those volunteers that they are not important. She asked the council to reject.
Councilor Committo expressed concern about how plans to update businesses would be incorporated and funded. He reiterated that attempts to develop similar plans had happened at least twice before, without action.
Councilor Hayden commented that business owners would not have to utilize the plans, and also questioned how the original $60,000 soon turned into another $100,000 request and that a $30,000 approved grant appeared to be unused. He argued that the town needs to first take care of our schools, fire departments, police, DPW, our water and infrastructure first and that the approved monies should be put towards capital expenditures.
Councilor deMedeiros mentioned that the ideas were not limited to improving business appearances, but included adding open spaces, public parking and utilizing available grants for business funding.
Councilor Perry remarked that he would like to see the return on investment. He suggested holding further spending until the committee presents feasible ideas to the council. He added that nothing should happen until the zoning changes in process are finalized.
Councilor Paull mentioned various concerns as well but thought dissolving the committee now was premature. He agreed with the suggestion to have the committee update Council with the immediate future plans.
Former Councilor Jay Edwards spoke, explaining how committee members have worked diligently after holding numerous meetings and workshops. Council Edwards explained the final step would be for the committee to generate a report with specific recommendations for the EDC, who will in turn make final recommendations to the Council. He urged the Council to see the project through to completion, rather than dissolving it, that he said would send a clear message to the north end residents and businesses that you don't care about their concerns.
Former Councilor Mike Burk also spoke, agreeing with much of Councilor Janick previously stated. He warned that cancelling the $136,500 existing contract with Weston & Sampson would likely include ramifications, adding that the move could negatively impact future business with other companies. He reminded that the casino funds were meant for future investment. He said the plans were not limited to only improving facades and economic outlook, but included residential safety measures, passive and active recreation spaces. He said part of the reason Weston and Sampson was chosen was to work in conjunction with the zoning revisions. He recommended reviewing the interactive website, giving input and urged Council to not stop the work in progress.
Councilor Edwards V noted that the report was due to the Council no later than August 1, 2025 and a public hearing would follow.
Councilor Janick motioned to reject the proposal to dissolve the North End and Industrial/Business Park Subcommittee. Seconded by Councilor Paull, the motion passed 5-2, with Councilors Harden and Committo opposed.
H. Solicitor Marcello – Open Meeting Act review/training
Solicitor Marcello supplied a memo and he detailed the important highlights and requirements of the Open Meetings Act, which establishes the minimum requirements with which public bodies must comply.
I. Interim Town Administrator – Landfill grant update
Interim Town Administrator Jones began with an overview, explaining how in 2002, a coastal storm negatively impacted the Town with excessive debris that ended up in the landfill. He added that federal funding was available through disaster relief grants, and eventually, the Town was awarded 1.46 million to be used to offset landfill closure expense.
J. Interim Town Administrator - Lafayette House update
Interim Town Administrator Jones addressed the recent demolition of the Lafayette House at 3118 Main Road, acknowledging that failure happened, calling it a valuable lesson, and stated that we owe the citizens of our community an apology “because we did not do our due diligence in preserving our character and our history.” He suggested that Tiverton officials work with the board, the state, to come up with a plan so the character and identity of our town doesn't get knocked down and demolished again.
K. Council President Edwards – Discussion, review, and possible amendments to Town Council
Governance Policy (amended 3/11/2024) and Town Council Boards, Commissions, and Committees
Policy (amended 3/11/2024)
Councilor Edwards V proposed a change to the Council Governance Policy, to add a subsection d. under Other Governance of the Town Council, to stipulate that any full time employee not contemplated by the Charter shall follow the processes outlined by the Personnel Board, as he said, the charter is silent as it relates to the hiring of the Town Administrator. Solicitor Marcello offered to draft the appropriate language for council review at the next meeting.
L. Councilor Committo – Reconsideration of vote taken on 1/6/2025 regarding request of applications
received by the Personnel Board for all Town Administrator applicants
Councilor Committo motioned to reconsider vote taken on 1/6/2025 regarding request of applications
received by the Personnel Board for all Town Administrator applicants. Seconded by Councilor Hayden, the motion passed 5-2, with Councilors Janick and deMedeiros opposed.
Councilor Hayden motioned to request applications received by the Personnel Board for all Town Administrator applicants in a redacted fashion. Seconded by Councilor Edwards V, the motion failed, 2-5, with Councilors Committto, Hayden, Edwards V, Paull and Perry opposed.
M. Discussion and Approval Job Description Advertisement and Salary Range for Town Administrator
and approve funding to re-advertise.
Councilor Hayden motioned to approve the request. Seconded by Councilor Paull, the motion passed unanimously.
N. Discussion and Possible Vote on Procedure of Town Administrator application review and designation
of Personnel Board Reviewing/Screening Authority.
Councilor Edwards V motioned to follow the Personnel Board as the screening tool for the Town whereby all applicants would be going through the Personnel Board whether directly to the Personnel Board email or to the Personnel Board PO Box for review of the criteria based on the job description that we put forward and screening before those names are recommended to the Town Council. Seconded by Councilor Paull, the motion passed 6-1, with Councilor deMedeiros opposed.
8. EXECUTIVE
A. Interim Town Administrator – R.I.G.L 42-46-5(a)(5) – Discussion and possible vote on the disposition
of publicly held property in the Tiverton Industrial Park
B. Solicitor Marcello - R.I.G.L.-42-46-5(a)(2) Litigation – Discussion regarding Albert Miranda’s Charter
Complaint Appeal to the Superior Court, Town of Tiverton v. Albert Miranda, N3-2024-0310A
Councilor Edwards V motioned to enter into Executive Session for agenda item 8-A. Seconded by Councilor Paull, the motion passed 6-1, Councilor deMedeiros opposed.
Councilor Edwards V motioned to enter into Executive Session for agenda item 8-B. Seconded by Councilor Paull, the motion passed unanimously.
The Council entered a closed executive session at approximately 9:11 p.m.
The Council returned to open session at approximately 10:37 p.m.
Councilor Paull motioned to seal the minutes of Executive Session. Councilor Committo seconded the motion.
The motion unanimously passed.
Solicitor Marcello reported for items 8-A and 8-B discussion only, no votes taken.
9. ADJOURNMENT
Councilor Paull motioned to adjourn the meeting. Councilor Committo seconded the motion. The motion unanimously passed. The meeting adjourned at 10:39 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, CMC Town Clerk