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, March 10, 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	Craig R. Committo
Blake B. Hayden	David Perry	Denise M. deMedeiros
Deborah G. Janick

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

 

4. CONSENT AGENDA

A. Approval of Town Council Minutes
     1. February 10, 2025 – Regular Meeting
     2. February 10, 2025 – Executive Session
     3. February 28, 2025 – Special Meeting           

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees

     1. Economic Development Commission (1)
     2. Historic Preservation Advisory Board (1)
     3. North End and Industrial/Business Park Advisory Subcommittee (6)

    

C. Acknowledge Receipt of Reports

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

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

       

D. Acknowledge Receipt of Correspondence

     1. Town of Burrillville – Joint Resolution 25-01 Requesting Support and Subsidy for Transportation of Homeless Students
     2. Town of Burrillville - Resolution 25-02 in support of Rhode Island League of Cities and Towns 2025 Legislative Priorities

     3. Town of Burrillville - Resolution 25-03 in support of House Bill 2025 - H 5371 Relating to State Affairs and Government - Public Notice Act

     4. Town of Westerly - Resolution in support of House Bill H5457 – And Act Relating to Public Records  – Access to Public Records
     5. Armenian National Committee requesting flag to be flown on April 24, 2025, for Armenian Genocide Remembrance Day

 

Councilor Janick pulled item D-2

 

Councilor Paull motioned to approve the Consent Agenda except for item 4-D-2. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

Re: D-2, Councilor Janick asked for council support of Resolution 25-02. The solicitor will draft resolution for approval at the next meeting.

 

Councilor deMedeiros motioned to approve the Consent Agenda items 4-D-2. Seconded by Councilor Paull, the motion passed unanimously.

 

5. PRESENTATION

                A. Discussion with state legislators regarding 2025 Housing Package and other legislation

 

Council President Edwards V introduced Senators Felag and DiPalma and Representatives Edwards and McGaw

who collectively attempted to provide factual details with regard to several comprehensive permits currently under various stages of application.

 

Representative Edwards stated that comprehensive permits are not new, having been in place since the 90s, and contrary to popular belief, many things can be done to prevent potential overdevelopment. He cited rejection due to insufficient water infrastructure, phased development options, and partial unit acceptance decisions. He furthered that he and Rep. McGaw were currently working to get full credit for mobile home parks.      

 

Senator Felag mentioned bills he had sponsored that would revise the definition of low and moderate incomes as well as expand the definition to include Section 8 housing.

 

Rep McGaw, added that part of the permit approval process requires that no significant negative impacts on the health and safety of current or future residents of the community in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage disposal, availability of portable water, adequate surface water runoff and the preservation of natural historical and cultural features that contribute to the attractiveness of the community.

 

Council President Edwards V mentioned that he would be looking for enabling legislation to allow homestead
exemptions. Sen. Felag explained that a bill just passed last week would allow a tax break for an owner-occupied home with a second rental unit.    

 

Rep. Edwards stated that time was now critical, and they would need a response on the legislation from the town quickly. 

 

Councilor Janick commented on the negative effects of the density bonuses, which would make meeting the required 10% moderate-income housing requirement nearly impossible. Rep. Edwards replied that the town could indeed legally reject the density. Planning Board Chair Hilton disagreed, citing a differing interpretation by legal counsel that indeed requires acceptance of the density bonuses.     

 

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

Sandra Vanhoff of 254 Fairwood Drive is an abutter to the proposed Frendship Farms.  She noted that many of her questions were answered by the Representatives, suggesting that the town “just says no” to many of these permits.

 

Robert Chaves of 278 Captains Circle mentioned that he did not want the Town to become the City of Tiverton. He urged the Council to reject the state mandates.

 

Zachary Guerette of 30 Edmond Lane said he wrote to and received a reply from the Speaker, who advised fighting the unwanted legislation.

 

AG Miranda of 150 Captain’s Circle questioned the actual ability of the town to judicially reject the mandates. 

 

Gayle Lawrence of 108 Long Pasture Way explained how the not-for-profit Tiverton Land Trust and many other groups that work in conjunction with the Open Space Commission where grants can be sought to protect open land in the town. She asked a handout be distributed to the council that further explained the duties and responsibilities of these various entities that have already worked to successfully preserve over 1000 acres of land.

 

7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Harbor Commission - (9) Member Board, (2) Year Terms, (1) Vacancy (Planning Board member)

                     1. Stephen Clarke, 31 Peaceful Way - Requests appointment, term ending 7/15/2025

 

Councilor Janick motioned to appoint Stephen Clarke to the vacancy to the Harbor Commission as Planning Board member. Seconded by Councilor Committo, the motion passed unanimously.

 

8. BOARD OF LICENSING - Discussion and possible vote

                A. Arthur Brown, 76 Robin Drive – Requesting Approval of Private Detective license, subject to meeting

                     all legal requirements

 

Councilor Hayden motioned to approve Mr. Brown's request for a private detective license subject to
meeting all legal requirements. Seconded by Councilor Paull, the motion passed unanimously.

 

9. GENERAL BUSINESS

                A.  Chris Clarendon – requesting status on the transfer station, closure of landfill and the Fogland Beach
                      Oversight Committee

 

Chris Clarendon noted he was present on behalf of the Litter Committee, inquiring about the status of the transfer station and the closure of the landfill. It was explained that ours was a recycling center, but we do accept recyclables like white goods, E-waste, and clean mattresses three days a week. DPW Director Rogers further explained what bulk recyclable items were accepted.

 

Regarding the landfill closure, Interim Administrator Jones explained that we had been awarded a USDA grant for $1.1416 million that, although earmarked, was not yet received as current grant funding was on hold. He expected to know more within the next 30 days. He furthered that most everything was complete with the exception of fencing and security.   

 

Mr. Clarendon suggested consideration of reviving the Fogland Beach Oversight Committee that he sat on many years ago.

 

                B. Mike Janick/Charter Review Commission – Update on the work performed to date, their schedule,

                     and intent to solicit public input, and discussion and possible vote to fund the videotaping of their

                     meetings

 

Councilor Janick recused herself and left the table.

 

Mr. Janick, Chair of the Charter review Commission, updated the council on the progress to date of the nine-member board. He noted that Diane Sanna was Vice Chair and Rob Coulter was Secretary. He considered them to be a well-rounded group of civic-minded individuals. Meetings will be scheduled for the first and third Tuesdays of each month until November. They have started videotaping and requested funding at the amount of $50 per meeting at a cap of $800.00 through the end of the year. They had planned on providing links to not only boards and commissions but the general public as well, for them to submit proposals for charter changes.  

 

Councilor Hayden motioned to approve funding the videotaping of the meetings for $50 per meeting with a cap of $800. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

Councilor Janick returned to the table.

 

                C. Fire Chief Bailey – Discussion and possible vote to approve budget transfers:
                     1. $100,000.00 from Acct# 1021-6859 Council Contingency to Acct# 3310-5104 Overtime

 

Councilor deMedeiros motioned to approve $50,000.00 funding the overtime account from council contingency and re-visit within 2 weeks to a month, after treasurer verifies feasibility. Seconded by Councilor Hayden, the motion passed unanimously.

 

                D.  DPW Director Rogers – Discussion and possible vote to award the contract for Specified Recreational
                      Facility and Turf Management Services Bids for Calendar Year 2025 to: Landscaping Services Inc. DBA
                      - DaPonte’s Landscaping in an amount not to exceed $63,700.00

 

DPW Director Rogers noted that the $63,700.00 was for mowing and trimming services only, and any alternative items selected would be extra. 

 

Councilor Janick motioned to award the contract for Specified Recreational Facility and Turf Management Services Bids for Calendar Year 2025 to Landscaping Services Inc. DBA - DaPonte’s Landscaping in an amount not to exceed $63,700.00. Seconded by Councilor Paull.

 

Councilor Committo stated he thought the bid wasn’t clear on specific services. Clerk Chabot acknowledged that there were complete spec sheets that were not included in the packet.  It was suggested to table the item to the next meeting to allow for further information.

 

Councilor Paull motioned to table the item to the next meeting. Seconded by Councilor Hayden, the motion passed unanimously.

 

                E. DPW Director Rogers – Discussion and possible vote to apply for loans program from the Clean Water

                     State Revolving Fund (CWSRF) and Municipal Road and Bridge Revolving Fund (MRBRF)

 

Councilor deMedeiros motioned to apply for loans program from the (CWSRF) and (MRBRF). Seconded by Councilor Paull, the motion passed unanimously.

 

F. Interim Administrator Jones - Discussion and possible vote to award the contract for Handicapped

    Accessible Walkway and Door Replacement with Lighting and Heated Walkway in the amount not to

    exceed $135,000.00

 

Interim Administrator Jones explained that the project was initially approved with gaming revenue in 2022 with an initial allocation of $50,000.00. The recommended bid was the low bidder and would make the walkway and include a new door that would be handicapped accessible. The walkway would also be lighted and heated, similar to the walkway at the Senior Center.

 

Councilor Hayden motioned to approve item 9-F, as stated in the agenda. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

                G. Interim Administrator Jones - Discussion and possible vote to award the contract for Window
                    replacement for the Tiverton Clerk’s office in an amount not to exceed $15,000.00

 

Councilor Hayden motioned to approve item 9-G, as stated in the agenda. Seconded by Councilor Paull, the motion passed unanimously.

 

                H. Interim Administrator Jones - Discussion and possible vote to award the contract for Interior painting
                     of Tiverton Town Hall offices in the amount not to exceed $30,000.00

 

Councilor Hayden motioned to approve item 9-H, as stated in the agenda. Seconded by Councilor Perry, the motion passed unanimously.

 

                I. Interim Administrator Jones - Discussion and possible vote to award the contract for Installation and
                     replacement of flooring and carpeting in Tiverton Town Hall offices not to exceed $ 50,000.00

 

Councilor Hayden motioned to approve item 9-I, as stated in the agenda. Seconded by Councilor Paull, the motion passed unanimously.

 

                J. Interim Administrator Jones – Update on 2025 Rhode Island Site Readiness Grant Program

 

Interim Administrator Jones noted the grant would be submitted by the deadline at the end of the month.

 

                K. Town Clerk Chabot – Discussion and possible vote to ratify the Iron Mountain records
                    management contract for offsite storage of Town Council and Probate permanent records

 

Clerk Chabot explained her recommendation for off-site storage of permanent council and probate records would alleviate concerns of potential damage in the current basement storage. She noted that the initial phase 1 cost of $12,000.00 should come from Fund 262, historical preservation of records. Ongoing annual costs are  $2,000.00 per year for maintaining the records.

 

Councilor Hayden motioned to approve the contract with Iron Mountain with set up funds allocated from the Historical Records 262 account. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

                L. Councilor Hayden - Discussion and possible vote to implement a Conservation Fee and establish a
                     Tiverton Conservation Trust for property transactions

 

Councilor deMedeiros motioned to table the item to allow for Land Trust, Conservation, and Open Space to weigh in. Seconded by Councilor Janick, the motion passed 6-1, with Councilor Hayden opposed.

 

                M. Councilor Hayden - Discussion and possible vote to revise current 25% allocation from real estate
                     conveyance tax revenue to better align with town fiscal priorities and land acquisition needs

 

Councilor Hayden motioned to instruct the Solicitor to draft a resolution for consideration to change the current minimum 25% to 10%. Seconded by Councilor Edwards V, the motion failed 2-5, with Councilors Committo, deMedeiros, Janick, Paull, and Perry opposed.

 

                N. Council President Edwards V – Discussion and possible vote on proposed amendment to the Code of
                     Ordinances; Chapter 54 Parks and Recreation, Sec. 54-32. Additional rules for recreation areas; and to
                     schedule and advertise public hearing

 

Councilor deMedeiros motioned to advertise for the public hearing. Seconded by Councilor Paull, the motion passed unanimously.

 

                O. Council President Edwards V – Discussion and possible vote on proposed amendment to the Code of

                     Ordinances; Chapter 78 Traffic and Vehicles, Article III. Stopping, Standing, and Parking by adding
                     sections 78-86 and 78-87; and to schedule and advertise public hearing

 

Councilor deMedeiros motioned to advertise for the public hearing. Seconded by Councilor Perry, the motion passed unanimously.

 

                P. Council President Edwards V – Discussion and possible vote on proposed amendment to the Code of

                     Ordinances; Chapter 2 Administration, Article 5 Finance by adding Division 5 Department of Public

                     Works Road and Bridge Restricted Account; and to schedule and advertise public hearing

 

Councilor deMedeiros motioned to advertise for the public hearing. Seconded by Councilor Perry, the motion passed unanimously.

 

                Q. Council President Edwards V – Discussion and possible vote on Resolution 2025-0011 Appropriating

                     Funds of $389,715.00 from the Casino Revenue Account

 

Councilor deMedeiros motioned to approve Resolution 2025-0011. Seconded by Councilor Paull, the motion passed unanimously.

 

                R. Council President Edwards V – Discussion and possible vote on proposed Resolution 2025-0012 to

                     request the reinstatement of General Revenue sharing to the State Budget.

 

Councilor Janick motioned to approve Resolution 2025-0012. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

                S. Interim Administrator Jones – Discussion and possible vote to approve contract with RI Housing to act

    as a monitoring agent for collecting data of the number of mobile homes in Tiverton to be counted

    towards the town’s municipal low/moderate housing rate.

Councilor deMedeiros motioned to authorize Interim Administrator Jones to engage in the contract and supply the required information to Rhode Island Housing. Seconded by Councilor Janick, the motion passed unanimously.

 

T. Interim Administrator Jones – Discussion and possible vote to ratify the employment contract for Mr.

    Thomas Varatta as Building Official.

 

Interim Administrator Jones introduced Thomas Varatta, a State Building official who had been filling in the open position for the past two months. Based on his extensive experience and resume, Mr. Jones strongly recommended approving the contract. 

Councilor Hayden motioned to ratify the employment contract for Mr. Thomas Varatta as Building Official. Seconded by Councilor Janick, the motion passed unanimously.

 

10. ADJOURNMENT

Councilor Janick motioned to adjourn the meeting. Councilor deMedeiros seconded the motion. The motion unanimously passed. The meeting adjourned at 9:28 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                        Joan B. Chabot, CMC    Town Clerk