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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, January 27, 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 |
Absent
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
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. January 6, 2025 – Special Meeting
2. January 6, 2025 – Executive Session
3. January 13, 2025 – Regular Meeting
4. January 13, 2025 – Executive Session
5. January 14, 2025 – Special Meeting
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Personnel Board (4)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – December 2024 Budget and Revenue Reports
2. Planning Board – Annual Report 2024
3. School Department YTD Budget v. Actual Report – December 2024
D. Acknowledge Receipt of Correspondence
1. Letter from Lucy D. Gaspar re: questioning Bally’s Tiverton Hotel closure and tax implications
E. Approval of Tax Assessor Abatements – $4,432.16
F. Approve funding to advertise the Budget Committee open position
G. Approval of Police Department Budget Transfers
1. $5,546.25 from Acct# 3330-5101 Personnel to Acct# 3330-5181 Summer Patrols
2. $7,500.00 from Acct# 3330-7590 IT/Comp to Acct# 3330-6735 Software
3. $163.00 from Acct# 3330-7590 IT/Comp to Acct# 3330-6935 OSHEAN Fiber
H. Draft Town’s Multi-Hazard Mitigation Plan for public review and comment
Councilor deMedeiros motioned to approve the Consent Agenda. Seconded by Councilor Paull, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
North End and Industrial/Business Park Advisory Subcommittee Chair, Mike Burk advised that an additional member of the subcommittee Brian Gough had resigned, creating a second vacant seat. He recommended that both applicants Adam Rapoza and Paul Amaral be appointed.
Resident Jamie French voiced concern about the proposed rezoning, alleging that RIGL § 45-22.2-13 was not being followed that she said requires that all municipal land use decisions shall be in conformance with the locally adopted municipal comprehensive plan. She also asserted that the DEM Mount Hope Bay watershed area was supposed to be a low-impact development area, rather than industrialized. She questioned how special use permits could be approved without passing the waterfront zone.
6. PRESENTATION
A. Discussion related to possible legislation affecting the Town of Tiverton
1. Short Term Rentals
2. Water Districts
3. Homestead Exemptions
4. Statewide Transportation process from concept/idea to implementation for public safety/traffic
safety improvements on public ways for the community
5. Sapowet Legislation and Oyster Farm
6. State Enabling legislation to establish different tax classifications (i.e. residential, commercial,
mobile home)
7. Statewide School Transportation Funding formula
8. Opportunities for state grants
President Edwards V introduced State Representatives Edwards and McGaw and Senator Felag who were invited to weigh in on the potential legislative items that might need support from the state level.
Senator Felag asked for a brief moment to present a $1,500.00 legislative grant to the Fire Chief, to utilize for training.
Regarding Short-Term Rentals, Representatives Edwards and McGaw noted that Lauren Carson has been working on this at the state via a short-term rental commission that was currently still meeting.
Rep. Edwards reported that combining water districts has not happened often, but it had happened fairly recently in Coventry.
Rep. McGaw said enabling legislation was being considered to give municipalities more leeway with homestead exemptions. Re: Statewide Transportation, she said they were waiting on a joint commission to produce guidance and proposals. President Edwards V claimed that mobile home owners saw a significant 100 to 140% tax increase and believed addressing it via a homestead would be more effective than attempting enabling legislation. Rep. Edwards suggested having the Solicitor draft a proposal.
On the Sapowet Oyster Farm matter, Rep. Edwards updated that the Bowens had filed their response to the abutters on January 1, but is still with the hearing officer. He added that on-site borings were being conducted at the Chase Marina.
Rep. Edwards mentioned a particular feral cat bill that he had introduced several times previously. It would allow entrapment, neutering, and release of the animals, in an effort to control that population. President Edwards V asked Solicitor Marcello to draft a resolution in support for the next meeting.
7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes, subject to meeting all legal requirements
A. Haystack Books LLC, d/b/a The Yellow House RI, 3842 Main Road - Requests approval of
Class C Liquor license (LIQ-24-5)
1. Letter from Union Public Library/Union Public Library Association
Solicitor Marcello explained that after the liquor licensing was amended to create a Class C license, the petitioners had received the zoning certificate from the zoning enforcement officer. He noted that questions have been raised about the zoning certificate and possible deed restrictions on the property relating to the septic system. He conceded that our zoning doesn’t precisely fit the Class C licensing and mentioned that particular restrictions could potentially be added.
President Edwards V opened the public hearing. No one presented to speak, so the hearing was closed.
Councilor Hayden motioned to approve the Class C Liquor license, subject to meeting all legal requirements. Seconded by Councilor Committo, the motion passed unanimously.
8. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. 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
2. Paul Amaral, 9 Watermark Drive - Requests appointment for term ending 8/1/2025
Mr. Rapoza was not present. Mr. Amaral was interviewed by the Council.
Councilor deMedeiros motioned to waive policy and proceed to appointment. Seconded by Councilor Paull, the motion passed unanimously.
Councilor deMedeiros motioned to appoint Paul Amaral to the North End and Industrial/Business Park Advisory Subcommittee. Seconded by Councilor Paull, the motion passed unanimously.
B. Library Board of Trustees - (7) Member Board (3) Year Terms (1) Vacancy
1. James Walter Forrest - Requests appointment for term ending 10/15/2025
Mr. Forrest was interviewed by the Council.
Councilor Perry motioned to waive policy and proceed to appointment. Seconded by Councilor Hayden, the motion passed unanimously.
Councilor Paull motioned to appoint James Walter Forrest to the Library Board of Trustees for a term ending 10/15/2025. Seconded by Councilor Perry, the motion passed unanimously.
C. Annual Tree Warden Appointment to expire January 31, 2025 (typo – date s/b 2026)
1. Frankey Ramos, Manchester’s Tree & Landscaping, 13 Edmond Lane – requests reappointment
Councilor deMedeiros motioned to appoint Frankey Ramos as Tree Warden for a term ending January 31, 2026. Seconded by Councilor Perry, the motion passed unanimously.
D. Zoning Revision Committee - (1) Council Member
Councilor deMedeiros motioned to appoint Councilor Janick to the council member position on the Zoning Revision Committee. Seconded by Councilor Paull, the motion passed unanimously.
9. GENERAL BUSINESS
A. Mega Disposal presentation – Discussion, review, and possible vote regarding trash/recycling contract
proposal options
Jim Simoneau from Mega Disposal, which currently holds the town contract to pick up trash and recycling throughout town, outlined the process to switch to automated trash and recycling pickup, using trucks with mechanical arms to lift and dump large trash and recycling bins of either 65 or 95 gallons. This would eliminate the 'pay-as-you-throw' (PAYT) bags that residents purchase at stores, supplied by the town’s contracted vendor, WasteZero. He relayed that Mega is suggesting a minimum 5-year contract to amortize the new equipment over a reasonable period. He recommended using the 95-gallon size for recycling and 65-gallon for trash, to encourage recycling.
Options for the town to purchase bins upfront, appropriate bin sizes, the transition process, potential public survey, and logistics were discussed. The item would be re-visited with backup at the next council meeting on February 10, 2025.
Without objection, Council President Edwards moved item 9-D forward.
D. Council President Edwards – Discussion and possible vote on the allocation of funds from the Casino
Special Revenue Fund Account and schedule a special meeting
1. School requests dated 1/16/2025 and 1/22/2025 (2)
2. Municipal request dated 1/23/2025
Superintendent Sanchioni and School Finance Director Andrade explained capital requests from January 16, 2025, that included exterior doors, wiring & cabling, THS Athletic field repairs, electricity for lower fields, Touchviews (technology) in all classrooms, THS tennis court repairs, and boys’ bathroom partition replacement.
Additional requests from January 22, 2025, included detailed diagnostics of the THS roof condition after a preliminary inspection revealed significant issues and THS heating system repair. Mr. Andrade noted that casino surplus returns are expected by June 30, 2025, and some reimbursable funds are expected in FY26, resulting in a net effect of $40,056.
Treasurer Saurette verified the available gaming allocation of $3,347,120 and the municipal capital balance was $840,839.
Council President Edwards V questioned the unresolved heating system issue at Fort Barton, suggesting including funds for those repairs as well as the THS system.
It was agreed that the Council would need formal estimates, and this would be brought back along with formal teacher surveys on the Touchviews.
Councilor Hayden motioned to approve the exterior doors for $133,000, wiring & cable for $20,000 with 50% reimbursement, THS Athletic field repairs for $13,000, THS Tennis Courts for $97,795, boys bathroom partitions for $35,000, THS roof diagnostics for $8,340, and $100,000 for THS and Fort Barton heating (to include already spent capital) for a total of $407,135.00. Seconded by Councilor Committo, the motion passed unanimously.
Interim Administrator Jones detailed his municipal requests to upgrade outdated computer workstations and PC’s, network infrastructure, technology upgrades in the Administrator's office and Council Chambers as well as replacement of Town Hall office furniture. Funds would come from casino gaming.
Councilor deMedeiros motioned to approve $50,000 to upgrade outdated computer workshop stations at Town Hall, purchase Surface Pros and improve network infrastructure, $10,000 for technology upgrades for the Administrators office and Council Chambers, and $20,000 to upgrade or replace office furniture for Town Hall offices. Seconded by Councilor Paull, the motion passed unanimously.
Solicitor Marcello would prepare a combined resolution with specific costs for both the school and municipal allocations, for final approval.
Councilor deMedeiros left the table.
B. DPW Director – Discussion and possible vote to extend contract for PAYT (Pay As You Throw) trash
bags with Wastezero, Inc.
Councilor Edwards V motioned to extend the contract for PAYT (Pay As You Throw) trash bags with Wastezero, Inc. Seconded by Councilor Paull, the motion passed 4-0-1, with Councilor Hayden abstaining.
Councilor deMedeiros returns to the table.
C. Planning Board Comprehensive Plan and Zoning Amendments presentation on the following Article
amendments:
1. Comprehensive Plan’s Future Land Use Map, specifically designation of lots in the Waterfront-
Related Uses areas
2. Amendments to the Zoning Map related to the Waterfront Zone creating Waterfront 1 and
Waterfront 2 Zones
3. Amendments to the following sections of the Zoning Ordinance, and generally described as:
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
Council President Edwards V informed of the Planning Board Workshop meeting on February 1, 2025, and the Public Hearing on February 10, 2025
Planning Board Chair Hilton, Consulting Planner Sweet, and Solicitor Romano delivered a presentation in an effort to explain the proposed zoning amendments to the Council.
Ms. Hilton prefaced the overview noting this was the second phase of a very multi-year project to bring the zoning code up to speed and also to address many changes made by the general assembly last year regarding land use law that requires compliance.
Ms. Sweet narrated a slide show presentation. Highlights included explaining changes to the Town’s Future Land Use Map (FLUM) and Zoning map. She explained the FLUM was a visual depiction of the community's desires for future development that's included in the comprehensive plan, and the zoning map which depicts actual zoning districts in the town has to be consistent with the FLUM. She detailed the various Articles, some of which she described as housekeeping changes, district use regulations, permitted uses, specific definitions, performance standards, and waterfront zones I and II.
A question and answer period for the Council members, followed the presentation. Solicitor Marcello advised the Council that any proposed changes or clarifications should be delivered to counsel without haste, warning that developing the required specific and objective criteria was not an easy task.
E. Council President Edwards – Discussion, review, and possible vote on amendments to Town Council
Governance Policy (amended 3/11/2024), including amendments to:
7. Other Governance of the Town Council by adding
d. Town Administrator application and review process
e. Legal Counsel Opinions/Requests
Council President Edwards explained item e. only pertained to formal opinion requests and does not preclude councilors reaching out to legal with questions.
Councilor Edwards V motioned to amend item 7-d. whereas the last line would be stricken, and the second to last line would read [After the interviews are completed, the personnel board shall recommend to the town council the applicant(s) for their further consideration]. Seconded by Councilor Committo, the motion passed 4-2, with Councilors Hayden and deMedeiros opposed.
Councilor deMedeiros motioned to approve amendments to Town Council Governance Policy 7-d and 7-e.
Seconded by Councilor Paull, the motion passed 4-2, with Councilors Hayden and deMedeiros opposed.
F. Interim Town Administrator – Discussion and possible vote to give Town Clerk authority and control
over the Town Council Budget Line Item 1020-6954 (Advertising/Ordnances) for advertising for Town
Hall Operational Services, to include open positions and citizen notifications without the need for
prior town council approval
Councilor Hayden motioned to approve. Seconded by Councilor Paull, the motion passed unanimously.
G. Discussion and possible vote regarding a potential ordinance amendment, posting, and public hearing
regarding the number of Class A retail liquor licenses
Councilor Hayden motioned to direct the Solicitor to draft an ordinance to reflect option 2.b. from the Solicitor’s memo (Reflect the Town’s intent to automatically increase the number of available Class A licenses consistent with the current census). Seconded by Councilor deMedeiros, the motion passed unanimously.
H. Interim Town Administrator - Discussion and possible vote to advertise Request for Proposal (RFP) to
paint the interior of town hall offices and Council Chambers
I. Interim Town Administrator - Discussion and possible vote to advertise Request for Proposal (RFP) to
replace windows in the Town Clerk’s Office
J. Interim Town Administrator – Discussion and possible vote to advertise Request for Proposal (RFP) to
replace carpeting in the Town Hall
Councilor Paull motioned to approve funding to advertise RFP for items 9-H., 9-I., and 9-J. Seconded by Councilor Hayden, the motion passed unanimously.
K. Interim Town Administrator – Discussion and possible vote to authorize Interim Town Administrator
to sign a Memorandum of Understanding for Statewide Public Safety CAD/RMS
Councilor Perry motioned to authorize the Interim Town Administrator to sign a Memorandum of Understanding for Statewide Public Safety CAD/RMS. Seconded by Councilor Paull, the motion passed unanimously.
L. Fire Chief Bailey – Discussion and possible vote to increase Ambulance Billing Rates
Councilor Hayden motioned to approve the increase in ambulance billing rates as requested by the Fire Chief in the backup. Seconded by Councilor Perry, the motion passed unanimously.
M. Interim Town Administrator – Discussion and possible vote to authorize Interim Town Administrator
to work with the Town Solicitor on policy for public safety details
Councilor Perry motioned to authorize the Interim Town Administrator to work with the Town Solicitor on policy for public safety details. Seconded by Councilor Paull, the motion passed unanimously.
10. EXECUTIVE SESSION
A. Interim Town Administrator - RIGL 42-46-5(a)(5) – Discussion and possible vote on the disposition of
publicly held property in the Tiverton Industrial Park
B. 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
C. Interim Town Administrator – RIGL 42-46-5(a)(2) Collective Bargaining – Update on DPW contract
D. Interim Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation
for Executive Assistant Mary Lou Sullivan – Notice given
E. Solicitor Marcello - RIGL 42-46-5(a)(2) - Tiverton Recreation, LLC and Longplex, LLC v. Tiverton
(NC-2024-417) litigation update
F. Solicitor Marcello - RIGL 42-46-5(a)(2) - Tiverton v. LAL Construction Co., Eagleville Road Realty
LLC (NC-2013-0087) litigation update and settlement discussions/presentation
Councilor Edwards V motioned to enter into Executive Session for agenda items 10-A and 10-E. Seconded by Councilor Committo, the motion passed 5-1, Councilor deMedeiros opposed.
Councilor Edwards V motioned to enter into Executive Session for agenda items 10-B, 10-C, 10-D, and 10-F. Seconded by Councilor Committo, the motion passed unanimously.
The Council entered a closed executive session at approximately 10:10 p.m.
The Council returned to open session at approximately 11:38 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 10-A, 10-D, 10-E, and 10-F discussion only, no votes were taken, and for items 10-B and 10-C votes were 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.
11 ADJOURNMENT
Councilor Paull motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion unanimously passed. The meeting adjourned at 11:39 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, CMC Town Clerk