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, July 14, 2025, at 7:00 PM at the Tiverton Public Library, 34 Roosevelt Ave, Tiverton, RI, 20878.

 

1. CALL TO ORDER                           

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council President Edwards V called the meeting to order with the Pledge of Allegiance to the flag.

President Edwards V asked for a moment of silence in honor of those who perished in the recent fire at Gabriel House in Fall River, and acknowledged the first responders who also participated and helped save many.

3. ROLL CALL

Present
President John G. Edwards V                      Vice President David J. Paull                                        David Perry
Deborah G. Janick                                            Michael S. Burk                                                                 Denise M. deMedeiros

 

Absent
Craig R. Committo

Administrator Jones, Solicitor Marcello, and Deputy Clerk Veegh were also present.

 

 

INVITATION BY COUNCIL TO ACKNOWLEDGE AND

WELCOME NEW SUPERINTENDENT CHRISTOPHER HASKINS!

 

President Edwards V invited welcomed new superintendent of the Tiverton School District, Christopher J. Haskins. Addressing the Council, Mr. Haskins stated that he was honored to serve and was excited to be a part of a community that clearly values partnership with education and civic partnership. He added that his focus as Superintendent will be supporting great teaching, strengthening communication and collaboration, and ensuring that we navigate the financial challenges together. I look forward to working with the school committee, the town council, our town administrator, and the broader community.

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. June 9, 2025 – Regular Meeting

     2. June 9, 2025 – Executive Session Meeting

    

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Historical Cemetery Commission (1)

     2. Semiquincentennial Commission (1)

     3. Zoning Board of Review (2)

   

C. Acknowledge Receipt of Reports

    1. Town Administrator – Departments’ Monthly Reports – June 2025

    2. Town Administrator – Police and Fire Department Overtime Reports – June 2025

 

D. Acknowledge Receipt of Correspondence

1.    Letter from Jerrilyn Fernandes regarding Zoning Board of Review decision on Colbea application

2.    Rhode Island Energy notification regarding 2025 Vegetation Management Standards and Practices.

3.    Letter from Beth Chenier regarding proposed construction and demolition debris processing center zoning amendments

4.    Letter from Karen Ephraim regarding proposed construction and demolition debris processing center zoning amendments

 

E. Approval of Narragansett Electric Pole Petition to install 8 new poles and 1 anchor to accommodate new service on Lafayette Road

 

                F. DPW Director Rogers – Request approval of budget transfers:

                     $10,000.00      from 5540-5104 DPW Overtime                                 to 8840-6765 Rec Area -Maint/Repair

                     $8,800.00        from 8840-6749 Rec Area Preventive Maint         to 8840-6765 Rec Area -Maint/Repair

                     $4,500.00        from 8840-6760 Rec Area Port-a-potties                to 8840-6765 Rec Area -Maint/Repair

 

                G. Building Official Varatta – Request approval of budget transfers:

                     $7,042.55        from 1140-7350 Software Maint                to 1080-7140 Zoning Board of Review Steno

                     $150.44            from 1140-7350 Software Maint                to 1140-6672 Copy Services

                     $4,014.62        from 1140-7350 Software Maint                to 1140-6928 Education/Seminars

 

Councilor Burk pulled items 4-A-1.

 

Councilor Paull motioned to approve the Consent Agenda items except items 4-A-1. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

Re: Item A-1, Councilor Burk noted a typo on the page 6 that would be corrected.

 

Councilor deMedeiros motioned to approve Consent Agenda items 4-A-1. Seconded by Councilor Burk, the motion passed unanimously.

 

5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

 

Noting that all of the public comment sign ups were related to the public hearing, President Edwards V suggested waiting until the hearing. No one objected.

 

Without objection, President Edwards V moved items 8-A and 8-B forward.

 

 

8. GENERAL BUSINESS

A.    Administrator Jones – Discussion and possible vote to ratify the employment contract for James N. Costa as Police Chief, and administer Oath

 

Councilor Burk motioned to ratify the employment contract for James N. Costa as Police Chief. Seconded by Councilor Paull, the motion passed unanimously.

 

James N. Costa was then administered the Oath of Office by Deputy Town Clerk Jean Marie Veegh.

 

B.    Administrator Jones – Discussion and possible vote to ratify the employment contract for David M. Silvia Jr. as DPW Director and administer Oath.

 

Councilor Paull motioned to ratify the employment contract for David M. Silvia Jr. as DPW Director. Seconded by Councilor Perry, the motion passed unanimously.

 

David M. Silvia Jr. was then administered the Oath of Office by Deputy Town Clerk Jean Marie Veegh.

 

6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes

A.    Evelyn’s Nanaquaket Drive-In/Jane Bitto - Consideration of sound variance for Singing Out Against Hunger, 2335 Main Road on Friday, August 22, 2025, and Thursday, September 5, 2025 (rain date September 11, 2025), from 12:00 pm to 9:00 pm (SPE-82)

 

President Edwards V opened the public hearing. No one presented to speak and the hearing was closed.

 

Councilor deMedeiros motioned to approve sound variance for Singing Out Against Hunger, 2335 Main Road on Friday, August 22, 2025, and Thursday, September 5, 2025 (rain date September 11, 2025), from 12:00 pm to 9:00 pm. Seconded by Councilor Paull, the motion passed unanimously.

 

Without objection, President Edwards V moved items 8-C forward.

C.    Administrator Jones – Discussion and possible vote to ratify the three-year contract renewal and approve the fiscal impact statement for Executive Assistant Mary Lou Sullivan

 

Councilor Burk motioned to ratify the three-year contract renewal and approve the fiscal impact statement for Executive Assistant Mary Lou Sullivan. Seconded by Councilor Janick, the motion passed unanimously.

 

Without objection, President Edwards V moved items 8-D forward.

D.    Administrator Jones – Discussion and possible vote to approve the fiscal impact statement for Building Official Thomas Varatta

 

Councilor Burk motioned to approve the fiscal impact statement for Building Official Thomas Varatta. Seconded by Councilor Paull, the motion passed unanimously.

 

 

6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes (Continued)

B.    Coastal Roasters/Lisa Machado - Consideration of sound variance for Singing Out Against Hunger, 1791 Main Road on Sunday, August 17, 2025, from 9:00 am to 1:00 pm (SPE-83)

 

President Edwards V opened the public hearing. No one presented to speak and the hearing was closed.

 

Councilor deMedeiros motioned to approve sound variance for Singing Out Against Hunger, 1791 Main Road on Sunday, August 17, 2025, from 9:00 am to 1:00 pm. Seconded by Councilor Paull, the motion passed unanimously.

 

C.    Approval of the proposed amendment to the Tiverton Town Zoning Ordinance Amendments to Appendix A   Zoning Ordinance:

1.    Article II, Definitions: “Construction and demolition processing facility.”

2.    Article IV, Sections 13: Adding to the District Use Table: “Construction and demolition processing facility” (§13(d)).

3.    Article XVI, Special Use Permits, Section 5, Criteria for Specific Categories of Special Use Permits: specific and objective criteria for “Construction and demolition processing facility” (§13(d)).

 

               

Petitioner Ryan DeMello’s attorney, Michael Monti, opened discussion noting his client was under contract to purchase several parcels in the Planned Development Park for use as a construction and demolition debris facility. Acknowledging it as a sensitive topic for the community, he continued by defining what a construction demolition debris facility was, why it was needed and was critical for the state, as well as the regulatory framework around the licensing. He adding that it had already been recommended for approval by the Planning Board earlier in June, as consistent with the comprehensive land use plan. He gave assurances that contingencies would be in place to help mitigate potential environmental hazards.

 

Demello and his attorney also mentioned that there are no immediate plans to build a facility, and that this is just one step in a lengthy process.

 

President Edwards V opened the public hearing.

 

Over 20 individuals presented to speak, all of which declared they were opposed to the proposed Zoning Ordinance Amendments, citing potential environmental and health risks associated with the facility's operations.

 

Resident Jamie French warned that the facility's process could lead to dangerous conditions, including the accumulation of hazardous gases that could affect air quality and pose fire hazards.

 

Resident Robert Jobin, a former E. Providence fire chief claimed extensive experience with similar operations, and echoed safety concerns. He likened the project to a now closed construction and demolition business in E. Providence called Pond View, albeit was on a much smaller scale. He told of the dangers of lead and asbestos found in older construction materials, which could be released into the environment during processing. He also relayed that similar past operation in East Providence had resulted in numerous fire incidents and health complaints from residents, suggesting that Tiverton would face similar issues if the facility were approved.

 

Resident and Realtor, Joy Gilkeson, said people have come to her with concerns about property values. After the comments from previous speakers regarding contamination and odors, she said it was clear to her that property values would go down if ordinances were changed to accommodate the plan.

 

Sally Black, a longtime resident who has worked in education, expressed concern about potential effects on the school children at Ranger School.

 

The Council was mostly in agreement to table the item until the August 12 meeting to allow time for deliberation. Noting several grave concerns, Councilor Burk stated he would vote against the motion to table. 

 

Councilor deMedeiros motioned to table the item until the August 12 meeting. Seconded by Councilor Perry, the motion passed 5-1, with Councilor Burk opposed.

 

                D. Approval of the Petition to Abandon Enterprise Way

 

President Edwards V opened the public hearing.

 

Resident Renee Jones questioned if the following three items were related to item 6-C. President Edwards V assured her they were no related.

 

Resident Al Cormier, member of the Historical Preservation Advisory Board, stated that he did not want the town to abandon any paper roads in the Industrial Park. Solicitor Marcello explained that those paper roads exist only on paper and are no longer necessary or usable.   

 

President Edwards V closed the public hearing.

 

Councilor Burk motioned to Abandon Enterprise Way. Seconded by Councilor Perry, the motion passed unanimously.

 

                E. Approval of the Petition to Abandon Communication Drive

 

President Edwards V opened the public hearing.

 

Jeff Kielbasa, from 94 Sakonnet Blvd. in Postsmouth voiced concern about losing access to his adjacent land if Communication Drive were abandoned. He argued that the town's development plans could hinder future growth rather than facilitate it. He mentioned he received required notice of the matter only yesterday. Out of an abundance of caution, Solicitor Marcello recommended Council continue the hearing until the next meeting on July 28, to allow Mr. Kielbasa sufficient time for further research.

 

Councilor Burk motioned to continue the public hearing until July 28, 2025. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

F.    Approval of the proposed amendment to the Tiverton Code of Ordinance Chapter 42 – FIRE PREVENTION AND PROTECTION, Article II Open Burning Section 42-34(a)(1) to remove the burning permit restriction between May 1 and September 30th.

 

President Edwards V opened the public hearing.

 

Peter Moniz, 83 Captains Circle expressed concern about health risks associated with smoke during hot summer weather.

 

Meredith Mucci of 333 East Road asked how other towns were handling open burning permitting.  She stated she was a firm believer in “if it's not broke, don't fix it”.

 

Retired E. Providence Fire Chief Robert Jobin from Stafford Road, disagreed with Mr. Moniz’ assessment of the dangers of summer burning. He called in an inversion layer that doesn't happen in the summer, only in the winter when the cold air is very low and then a warm front comes through. He had no issue with open burning during the regular year as long as authorized by the fire department.

 

Fire Marshal Dan Murphy stated that after consultation with Fire Chief Baily, Deputy Fire Chief Ferreira and Councilor Committo, they recommended the exclusion of the dry months of July and August, and Sundays throughout the summer. He also recommended limiting hours from 8am -3pm, number of permits to 10 per day, property line distance limits, and removal of language related to firefighters’ ability to arrest citizens.   

Solicitor Marcello responded that as a result of the last meeting, his instructions were to simply strike permits from May 1st to September 30th. He also expressed concern over the choice of eliminating Sunday over Saturday on the weekends, asking for a non-religious reason why a Sunday is considered the day of rest. Marshall Murphy replied that the day was chosen arbitrarily, and Saturday would also suffice.

Councilor Burk read a related letter from resident Marcia Flynn, who had previously asked for a ban on open burning, was continuing her request, based unnecessary pollutants that increase risks to the general population as well as nuisance fires that could impact emergency medical response times.

 

Councilor Burk motioned to table what's before us and direct the solicitor and direct the administrator to work on revised language with the fire personnel. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

               

                A. Acknowledgement of resignation:
                     1. Steven Clarke from the Planning Board and Harbor Commission, effective June 24, 2025

 

Councilor Perry motioned to accept the resignation of Steven Clarke from the Planning Board and Harbor Commission, with thanks and regret. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

 

8. GENERAL BUSINESS

 

E.    Pocasset Hill Cemetery Commission/Chair Bob Sedoma – Discussion and possible vote to consider proposed amendment to the Tiverton Code of Ordinances Chapter 26 CEMETERIES regarding Parking and approve funding to advertise the proposed amendment.

 

Councilor Perry motioned to advertise the proposed amendment as drafted by the Solicitor. Seconded by Councilor Paull, the motion passed unanimously.

 

F.    Fire Chief Bailey – Discussion and possible vote to accept the 2025 EMS Support Grant Program award of $9,550 for the purchase of (3) Video GlideScopes

 

Councilor Perry motioned to accept the 2025 EMS Support Grant Program award of $9,550 for the purchase of (3) Video GlideScopes. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

G.   Administrator Jones - Discussion and possible vote to award the contract for the Installation and replacement of flooring and carpeting in Tiverton Town Hall offices: $60,000.00 ($50K From previous approved Gaming revenue and balance from Capital account 640).

 

Administrator Jones noted that due to unforeseen issues, an updated quote just came in at $65,000.00, therefore he asked Council to amend to not to exceed $65,000, which would include $50,000 from previously approved gaming revenue and the additional $15,000 to come out of Capital Fund 640.

 

Councilor Paull motioned to award the contract for the Installation and replacement of flooring and carpeting in Tiverton Town Hall offices: $60,000.00 ($50K From previous approved Gaming revenue and balance from Capital account 640). Seconded by Councilor Burk, the motion passed unanimously.

 

H.    Administrator Jones – Discussion and possible vote to authorize continued Town Hall Improvements from the Capital account not to exceed $125K from Capital account 640

 

Administrator Jones explained the improvements were for exterior work on cleaning and shingle replacement, as well as office conversions to facilitate a public conference room. 

 

Councilor Paull motioned to authorize continued Town Hall Improvements from the Capital account not to exceed $125K from Capital account 640. Seconded by Councilor Perry, the motion passed unanimously.

 

I.        Administrator Jones – Discussion and possible vote to approve purchase of furniture for continued Town Hall renovations not to exceed $30K from Capital account 640

 

Councilor Burk motioned to approve purchase of furniture for continued Town Hall renovations not to exceed $30K from Capital account 640. Seconded by Councilor Perry, the motion passed unanimously.

 

J.     Administrator Jones / DPW Director – Discussion and possible vote to approve the purchase of a zero-turn lawn mower not to exceed $15K from the Capital 640 account

 

Councilor deMedeiros motioned to approve the purchase of a zero-turn lawn mower not to exceed $15K from the Capital 640 account. Seconded by Councilor Perry, the motion passed unanimously.

 

K.    Administrator Jones / Recreation Director- Update concerning Beach parking and enforcement.

 

Administrator Jones stated he has had conversations with Recreation Chair Gilfillen related to Grinnell’s Beach gate hours, and resident concerns over access. He assured that the changes made were to simply address those who came early with the intention staying for the day without paying, and not to kick people out of the beach after the beach closes. He furthered that designated fishing signs and resident signage would be installed soon, that trash receptacles were in place, and they were working with DPW to deal with trash issues. He added that there was ongoing consideration to expand beach hours to allow for additional access.

 

L.     Discussion regarding Planning Board's Response to the council's request to remove specific uses from the Prohibited Uses list in Zoning Ordinance Article IV Section 15

 

President Edwards V explained that Planning Board was asking for at least another six months to develop the plans. The Council had no objections. 

 

M.  Councilor President Edwards – Schedule meeting of working group (Council President, School Committee Chair, Administrator, Superintendent, Finance Director, Treasurer, and legal counsel) regarding the budget deficit

 

President Edwards V explained the purpose of the working group was to begin initial discussions to start to formulate a plan to address the school deficit reduction, prior to being back to Council for ratification.

 

 

9. EXECUTIVE SESSION

A.    Solicitor Marcello - R.I. Gen. Laws § 42-46-5(a)(2) - General update on all pending litigation.

 

B.    Administrator Jones - R.I. Gen. Laws § 42-46-5(a)(2) Collective Bargaining: Update on AFSCME Local 2670A negotiations

 

C.    Administrator Jones – R.I. Gen. Laws  § 42-46-5(a)(5) Any discussion related to the sale of public property wherein advanced public information would be detrimental to the interest of the public; Industrial Park.

 

D.    Council President – R.I.G.L. 42-46-5(a)(1) – Discussions of Job Performance, Character, or Physical or Mental Health of a Person or Persons Provided that Such Person or Persons Affected May Require the Discussion Be Held in Open Session – Police Chief candidate James N. Costa – Notice given

 

E.    Council President – R.I.G.L. 42-46-5(a)(1) – Discussions of Job Performance, Character, or Physical or Mental Health of a Person or Persons Provided that Such Person or Persons Affected May Require the Discussion Be Held in Open Session – DPW Director David M. Silvia Jr. – Notice given

 

F.    Administrator Jones – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Executive Assistant Mary Lou Sullivan – Notice given

 

G.   Administrator Jones – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Building Official Thomas Varatta – Notice given

 

Councilor Edwards V motioned to enter into Executive Session for agenda items 9-B and 9-C. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

The council entered a closed executive session at approximately 9:55 p.m.

 

The Council returned to open session at approximately 10:20 p.m.

 

Councilor Perry motioned to seal the minutes of Executive Session. Councilor Paull seconded the motion. The motion unanimously passed.

 

Solicitor Marcello reported that items 9-B and 9-C were discussion only; no votes were taken.

 

10. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Paull seconded the motion. The motion unanimously passed. The meeting adjourned at 10:25 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                    Jean Marie Veegh, Deputy Town Clerk