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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, June 9, 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.
3. ROLL CALL
Present
| President John G. Edwards V | Vice President David J. Paull | Craig R. Committo |
| David Perry | Deborah G. Janick | Michael S. Burk |
| Denise M. deMedeiros | | |
Interim Town Administrator Jones, Solicitor Marcello, Clerk Chabot, and Deputy Clerk Veegh were also present.
President Edwards V asked for a moment of silence for the young lady who passed away in a tragic incident in Portsmouth last Saturday evening. He also thanked all first responders.
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. May 12, 2025 – Regular Meeting
2. May 13, 2025 – Special Meeting (Councilors Burk and Perry abstain, not present)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Cemetery Commission (1)
2. Parade Committee (1)
3. Open Space and Land Preservation (1)
4. Historic Preservation Advisory Board (1)
5. Personnel Board (1)
6. Historical Cemeteries (1)
C. Acknowledge Receipt of Correspondence
1. Town of Lincoln
a. Resolution in support of S-57 and H-5393 Regarding the Maintenance of Sidewalks
b. Resolution opposing Specific Land Use Legislation Proposed in Rhode Island General Assembly
2. Town of Hopkinton – Resolution opposing S-0909 and H-6273 relating to Public Records Act
3. Letter from Sandra Van Hof regarding new proposal for Friendship Farms development
D. Fire Chief Bailey – Request approval of budget transfers:
$5,000.00 from 3310-5105 Differential to 3310-5104 Overtime
$8,113.47 from 3310-5105 Differential to 3310-5104 Overtime
$18,500.00 from 3310-5105 Differential to 3310-5104 Overtime
$12,410.67 from 3310-5105 Differential to 3310-5104 Overtime
$6,500.00 from 3310-5105 Differential to 3310-5104 Overtime
Councilor Edwards V Burk pulled item 4-D.
Councilor Paull motioned to approve the Consent Agenda items except item 4-D. Seconded by Councilor Perry, the motion passed unanimously.
Re: Item 4-D, Councilor Edwards V noted that due to a copy and paste error, the last four of the five listed
transfer items indicate incorrect “from” account numbers. The account numbers were listed correctly on the
backup.
Councilor Paull motioned to approve Consent Agenda item 4-D. Seconded by Councilor Perry, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Resident Karen Ephraim from 74 N. Christopher Ave. voiced numerous concerns over proposed Code of Ordinance Zoning amendments related to construction and demolition processing facilities. She alleged the town was “trying to change the rules and allow for a business that is not able to eliminate hazardous materials such as asbestos, lead, and even PFAS forever chemicals from its business operations.” She said the lack of concern by the planning board and town council was appalling, especially considering the council's position of refusing to allow a crematorium in the PDP due to hazardous chemicals. She stated that construction and demolition debris processing facilities fall under waste management and recycling, rather than light manufacturing, which was never the intention of the PDP, as per the state-approved comprehensive community plan. She pleaded with the council to “not put the chicken before the egg and execute a purchase and sales agreement with Mr. DeMello, since you are just starting the process for advertising the zoning change.”
Semiquincentennial Committee Chair Peter Moniz reminded all about the next years’ upcoming commemoration of the 250th anniversary of the Signing of the Declaration, encouraging all to join in the celebration. He also suggested that residents commit to flying their flag and/or red, white, and blue colors in united participation.
6. PRESENTATION OF THE PROPOSED 2025-2026 UNIFIED BUDGET
7. PUBLIC HEARING ON THE FISCAL YEAR 2026 UNIFIED BUDGET ORDINANCE
SUMMARY OF PROPOSED UNIFIED BUDGET IN ACCORDANCE WITH
ARTICLE III, Section 301 (b)8 of the Tiverton Home Rule Charter
| | Current 2024-2025 | Proposed 2025-2026 |
| Operations: | | |
| Capital – Education | $ 0 | $ 0 |
| Capital – Gen Government | $ 0 | $ 0 |
| Education | $ 34,102,228 | $ 35,156,138 |
| Debt Service | $ 3,989,388 | $ 3,964,438 |
| General Government | $ 2,199,827 | $ 1,782,900 |
| Finance Administration | $ 6,524,575 | $ 6,777,241 |
| Protect Person/Property | $ 7,762,232 | $ 8,651,202 |
| Grants/Health/Sanitation | $ 662,700 | $ 686,700 |
| Public Works | $ 3,180,065 | $ 3,241,696 |
| Associated Activities | $ 155,760 | $ 175,497 |
| Parks & Recreation | $ 148,030 | $ 180,037 |
| Total Operations | $ 58,724,805 | $ 60,615,849 |
| | | |
| Revenue: | | |
| Local Property | $ 43,094,109 | $ 43,597,766 |
| Motor Vehicle taxes Abatements/Uncollectable | $ 1,748,175 $ (85,000) | $ 1,748,175 $ 0 |
| Non-Local Property (Education) | $ 5,850,781 | $ 5,915,890 |
| Federal/State/Other | $ 8,116,740 | $ 9,354,018 |
| Total Revenues | $ 58,724,805 | $ 60,615,849 |
| | | |
This is a proposed property tax increase of 2.715%. It has been estimated that the proposed increase in property tax revenues will result in a property tax rate of $11.35 per $1,000 of assessed valuation as compared to the Fiscal Year 2025 property tax rate of $11.05 per $1,000 of assessed valuation. The maximum rate increase for FY2026 would have been $11.41 per $1,000 of valuation based on the maximum levy increase of 4% as allowed by law.
The Proposed 2025-2026 Unified Budget is available online on the town’s website at www.tiverton.ri.gov and is also available for public inspection at the office of the Town Clerk during normal business hours.
President Edwards V noted that he would combine items 6 and 7. He relayed the proposed budget amounts to a total revenue expense of $60,615,849, which would represent a property tax increase of 2.715 with an estimated rate of $1.35 per thousand, compared to the current fiscal year of $1.15 per thousand.
President Edwards V opened the public hearing.
Resident Sanford Mantel had questions related to revenue for auto taxes and reduced amount in the contingency fund and overage in the unrestricted funds. Treasurer Saurette provided sufficient explanations.
No other members of the public presented to speak.
President Edwards V closed the public hearing.
Councilor deMedeiros stated she was happy with the 2.7% increase, as she likes to see no more than a 3% increase.
Solicitor Marcello interjected that the state advertisement statute had not yet been completed, so this vote would be preliminary, subject to another public hearing. The vote today would satisfy the Charter, then another vote would comply with state law.
Councilor deMedeiros motioned to approve the proposed Unified Budget Resolution, as presented. Seconded by Councilor Burk, the motion passed unanimously.
8. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Approval of the proposed amendment to the Tiverton Town Zoning Ordinance Amendments to
Appendix A Zoning Ordinance:
1. Article II, Definitions: Add definitions for “Car vault”
2. Article III, Zoning Districts: Adds “Planned Development Park (PDP) Floating Zone” to the
list of zoning districts in Article III.
3. Article IV, Sections 4, 7, and 10: Adding to the District Use Table: “Car vault” (§4(s)); “Facility
primarily engaged in the creation or operation of information technology or financial
services” (§7(d)); “Facility primarily engaged in scientific, medical, or technological
research” (§7(e)); “Retail business of less than 20,000 square foot building footprint, with
liquor license” (§10(b)); and “Retail sales and/or rentals with open lot storage (other than
display for sale)” (§10(h)); Further adding a column for the PDP Zone and amending some
uses in the Industrial Zone to recognize that a column was added for the PDP.
4. Article IV, Section 19, updating and clarifying the Ordinance. Most significantly clarifying
uses permitted by right and uses permitted by special use permit and amending the
approval process to comport with the general laws; and
5. Article VI, Other District Regulations: performance standards are proposed in Article VI,
Section 10, for: “Car vault” (§4(s)); and “Retail business of less than 20,000 square foot
building footprint, with liquor license” (§10(b)).
President Edwards V opened the public hearing. No one presented to speak, and the public hearing was closed.
Councilor Burk stated that he had several amendments to propose.
On page 4 of the Amendments, under the definition of Car vault, he disagreed with allowing alcohol service.
On page 23, item h., he noted that Family day care was allowed in the PDP, despite the PDP not allowing residential use.
Councilor Burk motioned to amend Item h. on Page 23 to strike Family day care use being allowed in the PDP. Seconded by Councilor Paull.
President Edwards V opened the public hearing. No one presented to speak, and the public hearing was closed.
The motion passed unanimously.
On page 25, Section 4, a. and b., Councilor Burk stated his concern with the allowance of nonprofit entities, as the purpose of the PDP was for revenue generation.
Councilor Burk motioned to amend Items a. and b., on page 25, Section 4, to N (not allowed). Seconded by Councilor Edwards.
President Edwards V opened the public hearing. No one presented to speak, and the public hearing was closed.
Solicitor Marcello noted the Zoning Ordinance currently does allow nonprofit organizations in the PDP and the only reason they were underlined was because they were moved to a new table.
Councilor Committo expressed frustration with the zoning amendment process, describing it as confusing.
The motion passed unanimously.
On page 27, Sec 5, Councilor Burk questioned why item a. (Electric power generating system) was listed as N (not allowed) when we currently have a power plant in the PDP.
Councilor Burk motioned to amend Item a. on page. 27, Section 5, to P (allowed). Seconded by Councilor Edwards.
President Edwards V opened the public hearing. No one presented to speak, and the public hearing was closed.
Councilor Committo suggested that Item c., High voltage electric transmission towers, should also be included.
Councilor Burk amended his motion to include Item c.
The motion passed unanimously.
On the same page and section, Councilor Burk then suggested changing item e. Water tower to P (allowed).
Councilor Burk motioned to amend Item e., Water tower on page 27, Section 5 to P (allowed). Seconded by Councilor Paull.
President Edwards V opened the public hearing. No one presented to speak, and the public hearing was closed.
The motion passed unanimously.
On page 30, Sec 8, item d. Councilor Burk questioned the allowance of d. Any of the above uses in this section with drive-through service.
Councilor Burk motioned to amend Item d. Water tower, on page 30, Section 8 to P (allowed). Seconded by Councilor Paull.
President Edwards V opened the public hearing.
Resident Peter Moniz stated he thought the current process was very poor, and that a workshop should have preceded this hearing.
President Edwards V closed the public hearing.
The motion passed unanimously.
At this time, Solicitor Marcello stated that he was becoming concerned that changes to the Code related to specific uses were taking place, which the public hearing advertising had not sufficiently covered. He explained that only the formatting changes in yellow, as advertised, should have been addressed at this meeting.
On page 55, Car vault, items (7) and (9) Councilor Burk questioned contradictory language related to requiring a special event permits, and how would it be differentiated. Solicitor Marcello explained the difference lay in the difference between club member and non-club member events.
Councilor Burk motioned to strike “A bar” and then capitalize Dining, on page 55, under Car vault, item (7). Seconded by Councilor deMedeiros.
President Edwards V opened the public hearing. No one presented to speak, and the public hearing was closed.
Councilor Committo disagreed with the disallowance of a bar in the private club. Council president V agreed.
The motion failed, 5-2, with Councilors Committo, Edwards V, Paull and Perry opposed.
Council deMedeiros questioned Solicitor Marcello’s previous reservations over special use changes being made. He reiterated his concern about changes to the use table that were not highlighted in yellow.
Resident Karen Ephraim addressed council, stating she didn’t agree with making changes to anything that wasn’t on the agenda, because it doesn't give the public the ability to speak as they would not have known about it.
Councilor Burk suggested solving the issue by amending the motions made, as subject to legal review.
Solicitor Marcello, stated that he would prefer to revert back to the original table as it was presented.
Councilor Burk motioned to rescind his previous five approved changes made to the table for re-advertisement at a later date. Seconded by Councilor Edwards V., the motion passed unanimously.
Councilor Committo suggested the Council schedule a workshop to aid the Council prior to the consideration of any future changes. President Edwards V replied that he would be happy to schedule it.
Councilor Paull motioned to approve the proposed amendment to the Tiverton Town Zoning Ordinance, as presented. Seconded by Councilor Perry, the motion passed 5-2, with Councilors deMedeiros and Burk, opposed.
B. Approval to grant one Class A Liquor License (Package Store) by lottery, subject to meeting all legal
requirements. The following applications have been received:
1. L & T, LLC d/b/a Sakonnet Liquors
Patrick Burns, 651 Main Road, Tiverton
2. East Horizon, Inc. d/b/a Hot Shot Liquors
Muhammad Khera, 861 Main Road, Tiverton
Council President V announced that the lottery would convene with the Town Sergeant agreeing to pull the name from the hat.
Councilor Burk interjected that he thought discussion should take place prior to the drawing, in the event there were concerns about either applicant of holding a license. Solicitor Marcello responded saying that two competing licenses would be decided by the luck of the draw, as per the advertised public hearing. He furthered that discussion could take place post drawing, and the license could potentially, be denied.
The Clerk clarified that her research of other towns in similar situations, the town would call each one individually for interview and/or discussion, then vote to move it forward to the lottery. Council President Edwards V announced they would proceed similarly.
President Edwards V opened the public hearing for L & T, LLC d/b/a Sakonnet Liquors. No one presented to speak, and the public hearing was closed.
Councilor Burk voiced concerns of the applicants’ criminal record, citing multiple aspects including drug control, domestic violence, assault and battery, and driving after suspension or revocation of a license. Although he acknowledged the record dates back to 2007 thru 2013, he stated that does not fit who he would want to have operate a liquor store in our town.
In response to the police record, Councilor Committo, stated that quite a bit of time had passed and he thinks everybody should get a second chance, therefore he thought the application should proceed to the lottery. He added that he was more concerned over the addition of another package store, especially located on Main Road related to resulting trash and nip bottles.
Councilor Janick believed that the license was created, so it should be awarded.
Solicitor Marcello noted that while perhaps uncomfortable, there was nothing improper about the Council exercising its right to consider moral character of an applicant.
Councilor Burk motioned to not move Mr. Burn’s application forward to the lottery. Seconded by Councilor deMedeiros, the motion passed 5-2, with Councilors Committo and Edwards V, opposed.
President Edwards V opened the public hearing for East Horizon, Inc. d/b/a Hot Shot Liquors.
Muhammad Khera, accompanied by his attorney Richard Humphrey presented to council, noting they would let the application stand by itself, and thanking Council for their consideration.
Resident Gayle Lawrence questioned if both applicants’ application did not proceed to lottery, would the open license remain. Councilor Edwards answered in the affirmative.
No others presented to speak, and the public hearing was closed.
Councilor Burk stated to Mr. Khera that he was hopeful that if he indeed, receive the license, that he would look hard at what it what it should look like to fit into the character and especially aim to decrease potential traffic congestion.
Councilor Committo noted that Mr. Kheras’ current business was well kept, therefore anticipated he would do the same with the new building.
Councilor Burk motioned to grant the Class A liquor license to East Horizon, Inc. d/b/a Hot Shot Liquors, subject to meeting all legal requirements Seconded by Councilor Janick, the motion passed unanimously.
Solicitor Marcello noted that, for the record, the advice he had given the Council when granting liquor license relied on a 1996 case, Alfred D. DeCredico V. the City of Providence Board of Licenses, where the Superior Court of State Rhode Island indicated when considering liquor license applications, the issuing authority should consider a number of factors, including the financial stability and responsibility of the applicant, the persons interested pecuniarily in the enterprise, the fitness of the applicant, his moral character, and previous violations of law on his part. Furthermore, the issuing authority should examine the location of the premises to be licensed, the conditions and character of the particular area, and the effect that a new permit may have on the locality.
Councilor Burk reiterated that the criminal background check of Patrick Burns, was of concern to him. Especially due to past violations of driving under the influence or driving on a revoked license in multiple states. He furthered that he had worked with cases of domestic violence and trauma all of his life, and would want to uphold support for the victims by not allowing a license for a liquor establishment with that moral character.
Councilor deMedeiros stated that she agreed with Councilor Burk, and had voted against Patrick Burns’s application due to the criminal background check.
Councilors Janick, Paull and Perry each stated that they concurred with Councilors Burk and deMedeiros’ position, related to the criminal background check.
C. Jared Machado/Pine House Kitchen & Bar Inc, 13 Crandall Road – Approval to extend hours of
operation for Class “BV” liquor license, entertainment license, and victualling license:
From: Monday thru Sunday 11 am to 12 am (LIQ-23-26)
Monday, Tuesday, Wednesday, 4 pm to 10 pm, Thursday, 11 am to 10 pm,
Friday & Saturday 11 am to 12:30 am, Sunday 11 am to 11:30 pm (ANN-23-108)
To: Monday thru Thursday 10 am to 1 am, Friday thru Sunday 10 am to 2 am
President Edwards V opened the public hearing.
Virginia Pesiridis, from 28 Crandall Road, addressed Council, citing several issues with the Pine House, with excessive noise and music, sometimes lasting to 2:00 am. She added that despite calling the police to intervene at least four or five times, the issues continue. She stated that their family does not want the extended hours granted.
Owner Jared Machado, responded to the allegations, stating that he had believed the transferred liquor license from the previous business had allowed the extended hours. He acknowledged that on a few occasions, while cleaning after business hours, ambient music may have been playing, that he had addressed by rewiring to allow shutting off the exterior speakers. He denied noise levels above the allowed decibels. He argued that all he wanted was a nice family oriented business and is just trying to make a living.
Ms. Pesiridis responded to Mr. Machado, saying that music has been loud and playing up to 3 am as recently as May 30, 2025.
Administrator Jones, speaking on behalf of the Police Dept., stated that he objected to the extension of the hours at this time. He furthered that the department had informed him that they had been called to the Pine House no less than six times in the past year, and have witnessed the business open past current allowed hours and serving alcohol. He intended to prepare a report for the council to recommend a show cause hearing.
Resident Peter Moniz questioned if food was required to be served with alcohol. The Solicitor clarified that it was a BV license, which does require a service of food, when serving liquor.
No others presented to speak, and the public hearing was closed.
After discussion, there was consensus to deny the request to extend hours, due to the reports of the police department as well as citizen complaints.
Councilor Burk motioned to not grant the request to extend hours. Seconded by Councilor deMedeiros, the motion passed unanimously.
9. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. Stuart Hardy from North End and Industrial/Business Park Advisory Subcommittee, effective
5/23/2025
Councilor Burk motioned to accept Mr. Hardy’s resignation with regret. Seconded by Councilor Janick, the motion passed unanimously.
10. GENERAL BUSINESS
A. Fire Lt. Nicholas Barboza – Discussion regarding request to enroll Firefighters in the RI Temporary
Disability Insurance (TDI) program
Fire Lt. Barboza, speaking as Union President of the Tiverton Firefighters Local 1703, to consider enrollment of the firefighters in the RI Temporary Disability Insurance (TDI) program. He acknowledged that he was not aware of the exact process, and did not believe that anyone in Tiverton Municipal had TDI.
Councilor deMedeiros confirmed that no other departments had TDI, but would require an amendment to the contract. She stated that she had contacted Labor Counsel Cavazza, who suggested that he, the Town Administrator, and the Union President get together, following the guidelines, and bring forth a proposal to the Council.
Administrator Jones recommended that the Council authorize him to work with Lieutenant Barbosa, consult with the state, and work with the Treasurer, Labor Counsel, and Solicitor to make a presentation to see if this is worthwhile, with the understanding that if one entity is enrolled, then all town entities must be included. He mentioned that a meeting was scheduled with the union and Labor Counsel next Wednesday, and it would be a discussion point.
B. DPW Director Rogers – Discussion and possible vote to award FY26 Contracts:
PVC & HDPE Pipe to Ferguson Waterworks
Catch Basin Frames & Grates to Ferguson Waterworks
Septic Tank Pumping to Acme Sanitary Services
Onsite Wastewater Treatment System Inspection to Acme Sanitary Services
Councilor Paull motioned to award the contracts as listed. Seconded by Councilor Perry, the motion passed unanimously.
C. DPW Director Rogers – Update on Green Development Road Permit Closeout/Brayton Rd Solar
Project
Director Rogers noted Green Development LLC has requested that DPW review the closure of the road opening permit for Brighton Road. He confirmed that the road work was completed and acceptable.
D. Administrator Jones – Discussion and possible vote to approve ten 6’ concrete rectangular
universal access picnic tables for use at Fogland and Grinnell’s Beaches, not to exceed $20,000 from
Municipal Capital Fund 640
Councilor deMedeiros motioned to approve funds not to exceed $20,000 from Municipal Capital Fund 640
for the concrete picnic tables. Seconded by Councilor Janick, the motion passed unanimously.
E. Councilor Paull – Discussion and possible vote to remove concrete barriers from Fogland Beach
Councilor Paull explained he had discovered the blocks have reappeared, blocking the road that leads to the north marsh swimming/quahog/clamming area. He stated that Administrator Jones had reached out to several people to find out why the blocks were reinstalled. He stated that he has been visiting the area for over 15 years and had not noticed erosion or other issues allowing 8-10 cars to park in the area.
Councilor Paull motioned to remove the blocks and add a sign limiting access to six vehicles. Seconded by Councilor Perry.
Councilor Janick asked why and when the blocks had been installed. Administrator Jones replied that he had learned from Open Space member Brian Janes that at one time during COVID that the Council did authorize the area to be blocked. Subsequently, they were removed, but then put back to preserve the area, not under the direction of the Council. He declared this was a policy decision by the Council, and would have the blocks removed if requested by the Council.
Brian Janes responded that discussions around this had been going on for over 10 years, also with Conservation and CRMC. He confirmed that Open Space was responsible for the whole conservation area which is everything to the north and east of the paved road, while recreation was responsible for the beach side.
President Edwards V expressed concern over actively restricting public access at Fogland.
Councilor Burk noted that on the second page of the backup, it indicated that in 2019, the Open Space Commission voted unanimously to request that the cul-de-sac be blocked to vehicles. He suggested that the recommendation be followed, and the blocks remain in place.
President Edwards V questioned how the original genesis of placing the blocks was related to COVID distancing, yet the blocks were then replaced arbitrarily without Council direction.
Councilor Committo added that during his previous time as a Tiverton firefighter, there had been at least three cardiac arrests in that secluded area, and restricted access would prove a difficult task for rescuers and their equipment. He suggested removing the blocks on a trial basis.
A resident (Ann) from 137 High Hill Road stated that she was blessed to live in the area and was taught by residents how to clam. She likened it to a special “clamming” community, some of which have become older and would not be able to continue clamming if vehicle access were restricted.
Gayle Lawrence, from Long Pasture Way, spoke about the necessity to preserve the last remaining parcels of contiguous coastal marsh ways, and that allowing the vehicles would be imprudent.
Bert Ouellette, from Shore Road, stated that he and 6 or 7 gentlemen from his neighborhood frequently clam most days in the summer. He affirmed that very few cars park there and that blocking car access would be a hardship for many of the older persons, and believed blocking access was unnecessary.
The motion failed, 4-3, with Councilors Committo, Burk, Janick, and deMedeiros, opposed.
Councilor Committo motioned to temporarily remove the blocks until the beach closes at the end of the summer, then revisit for future determination. Seconded by Councilor Perry, the motion passed 5-1-1, with Councilor Burk opposed and Councilor deMedeiros abstaining.
F. Council President Edwards V – Discussion and possible vote on the allocation of funds from the
Casino Special Revenue Fund Account for School FY26 Capital Request.
Council President Edwards V noted that Item F request was discussed at the last meeting.
G. Council President Edwards V - Discussion and possible vote to approve Resolution 2025-0024
appropriating funds from Fund 650 (Casino Special Revenue Fund) for the School FY26 Capital
Request of $312,605
Councilor Paull motioned to approve the Resolution as stated for a total amount of $312,605. Seconded by Councilor Perry.
School Finance Director Andrade answered numerous questions related to the budget request, which again included the appropriateness of certain items being classified as capital expenses v. operational expenses, and how to address this in the future.
Councilor Burk questioned how textbooks could be classified as capital items. Director Andrade disagreed, stating that anything over 12 months was a capital item per IRS code. Mr. Burk stated that last year, items were pulled out of operations, as a one-time occurrence, to get the school department over a hump. His concern was that the school department came back again this year, assuming this would be provided again from casino money.
Councilor Janick suggested that they keep an open mind and perhaps redefine what capital is, especially the multi-year usage items.
Councilor Perry acknowledged that Mr. Andrade was in a difficult position, stated that he hoped we can work together in a more efficient way in the coming year, and that you're not coming and asking for more money.
Council President Edwards V noted that if the council did not approve the money, we are knowingly putting the school into a deficit for the next fiscal year. Noting two typographical errors on the draft resolution, he asked Councilor Paull to amend his motion to reflect his name was Edwards V, and the date should be June 9, 2025.
Councilor Paull amended his original motion to reflect the name change to John Edwards V, and the date to be June 9, 2025. The motion passed 6-1, with Councilor Burk opposed.
H. Councilor Committo – Discussion and possible vote on amendments to Charter 42, Article II
Open Burning and approve funds to advertise public hearing
Councilor Committo explained the genesis was to assist residents in managing yard waste, at least until the town was able to collect yard waste. He suggested not enforcing the ordinance until it could be advertised for changes.
Councilor Burk motioned to advertise a public hearing for an amendment to Article II Open Burning to strike the sentence in (a)(1) that states No permits may be issued between May 1st and September 30th of any calendar year. Seconded by Councilor Edwards V, the motion passed unanimously.
I. Council President Edwards V - Discussion and possible vote to schedule and advertise proposed Code
of Ordinance Zoning amendments to include Article II, Definitions: Add definitions for “Construction
and demolition processing facility”, Article IV, Section 13: Adding to the District Use Table:
“Construction and demolition processing facility” (§13(d)), and Article VI, Other District Regulations:
performance standards are proposed in Article VI, Section 10, for: “Construction and demolition
processing facility” (§13(d)) and/or Article XVI, Special Use Permits, Section 5, Criteria for Specific
Categories of Special Use Permits, for “Construction and demolition processing facility” (§13(d)).
1. Consideration of Planning Board recommendation
Councilor Paull motioned to advertise the proposed amendments and set the public hearing. Seconded by Councilor Perry, the motion passed unanimously.
J. Administrator Jones/Solicitor Marcello – Resolution to Authorize the Town Administrator to take all
necessary action subject to meeting all requirements in the purchase and sale agreement to close on
property in the Industrial Park with RD Recycling, LLC for Assessor’s Plat 107, Lots 705 through 710 for
future development
The item was held until after Executive Session.
11. EXECUTIVE SESSION
A. Administrator Jones - 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
Councilor Edwards V motioned to enter into Executive Session for agenda item 11-A. Seconded by Councilor Burk, the motion passed unanimously.
The council entered a closed executive session at approximately 9:43 p.m.
The Council returned to open session at approximately 10:01 p.m.
Councilor Paull motioned to seal the minutes of Executive Session. Councilor Perry seconded the motion. The motion unanimously passed.
J. Administrator Jones/Solicitor Marcello – Resolution to Authorize the Town Administrator to take all
necessary action subject to meeting all requirements in the purchase and sale agreement to close on
property in the Industrial Park with RD Recycling, LLC for Assessor’s Plat 107, Lots 705 through 710 for
future development
Councilor Paull motioned to approve the resolution as presented under item 10-J. Councilor Perry seconded the motion. The motion unanimously passed.
12. ADJOURNMENT
Councilor Paull motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion unanimously passed. The meeting adjourned at 10:02 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, Town Clerk