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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, March 24, 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, and Deputy Clerk Veegh were also present.
A moment of silence was held in remembrance of former Town Administrator, James Goncalo.
***PROCLAMATION IN RECOGNITION OF VICTOR FERLAND’S 100TH BIRTHDAY***
The Council publicly recognized the 100th birthday of town resident Victor Ferland. President Edwards V read aloud the presented Proclamation that included recognition of being one of many who built the Braga Bridge in Fall River, Massachusetts.
4. CONSENT AGENDA
A. Approval of Town Council Minutes
1. February 24, 2025 – Regular Meeting
2. February 24, 2025 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Personnel Board (5)
2. Litter Control (1)
3. Open Space and Land Preservation (1)
4. Economic Development (1)
5. Harbor and Coastal Waters Management (1)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – Budget and Revenue Reports - February 2025
2. School Department YTD Budget v. Actual Report – February 2025
D. Acknowledge Receipt of Correspondence
1. Katherine Perruzzi - Friendship Farms/Comprehensive Housing Laws
2. Dan Deren – Proposed trash/recycling changes
3. Town of Portsmouth – Resolution in support of the Restoration of General Revenue Sharing to
Cities and Towns
4. Town of Middletown – Resolution in support of the Restoration of General Revenue Sharing to
Cities and Towns
5. Town of Middletown – Resolution in support of Rhode Island League of Cities and Towns 2025
Legislative Priorities
6. Town of Westerly - Resolution in support of the Restoration of General Revenue Sharing to Cities
and Towns
7. Town of Narragansett - Resolution in support of the Restoration of General Revenue Sharing to
Cities and Towns
8. City of Woonsocket - Resolution in support of the Restoration of General Revenue Sharing to
Cities and Towns
9. Town of Charlestown - Resolution in support of HB 2025-H5315, An Amendment to Allow for the
Temporary Service of Election Officials After Retirement
10. Town of Charlestown - Resolution in support of an Amendment to Allow the Towns of Burrillville
and Glocester to Publish Notice of their Official Actions in any Newspaper of Other Designated
Platform of Greater Reach
11. Town of Lincoln - Resolution in support of the Restoration of General Revenue Sharing to
Cities and Towns
12. Town of Lincoln - Resolution in opposition to Rhode Island 2025 Gun Control Legislation
E. Approval of Fire Department Budget Transfers:
1. $4,600.00 from Acct# 3310-6968 Medical Physicals to Acct# 3310-7530 Software Maintenance
2. $3,600.00 from Acct# 3310-7611 Fuel, Oil, Tires to Acct# 3310-7530 Software Maintenance
F. Tax Collector McGowan – Approval of Uncollectable Tax Abatements - $33,994.26
G. DPW Director Rogers – Request Permission to submit RIPDES MS4 2024 Annual Report to RIDEM
Councilor Janick pulled item D-5
Councilor Committo pulled item D-12
Councilor Paull motioned to approve the Consent Agenda except for item D-5 and D-12. Seconded by Councilor Perry, the motion passed unanimously.
Re: D-5, Councilor Janick asked for council support of Rhode Island League of Cities and Towns 2025 Legislative Priorities. The solicitor will draft a resolution for consideration at the next meeting.
Re: D-12, Councilor Committo asked for council opposition to the Rhode Island 2025 Gun Control Legislation. The solicitor will draft a resolution for consideration at the next meeting.
Councilor Perry motioned to approve the Consent Agenda items D-5 and D-12. Seconded by Councilor Janick, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Resident Sanford Mantell of Bud Way asked financial questions relative to current waste pickup costs and the benefit to switch to the automated option. He also questioned the benefits of the potential water district merger and asked if the merged entity would be a quasi-public entity or a town department. Solicitor Marcello responded that only a resolution has been sent to the general assembly to study the issue and no final decisions have yet been made. Mr. Mantell then asked why it was necessary to merge the districts. Councilor Committo answered that his understanding was that it was sent to the state to gather information. Mr. Mantell again asked what the advantage of the merger would be. Councilor Perry replied that this was not the time for the council to be answering questions. Councilor Hayden replied that it was about long-term sustainability of effective and efficient clean water throughout the town and the decision would be made at the state level.
Paul Leroux, general manager of the North Tiverton Fire District (NTFD) said he wished to thank many NTFD customers that sent letters of opposition to the merger that went unacknowledged. He added that his letter to the town, with estimated impact costs of $873,000 that would be billed to the town, also went unacknowledged. He furthered that the resolution the town passed was not to study anything, rather directed the Rhode Island general assembly to take all appropriate legislation legislative action necessary for a merger of the two water districts. He stated that he had asked liaison Councilor Committo to supply the real reason for the merger. Councilor Committo replied that he does not yet have enough information, but expected a meeting tomorrow to provide more information.
Jeff LaChappell of 36 Last Street urged the council to rescind resolution 2025-0006 requesting legislative action concerning Tiverton’s water districts and authorities. He said that the resolution was passed without sufficient consultation or information posing risk to our Town's infrastructure and future. He added that despite requests from Planning Board Chair Hilton and Planner Ashley Sweet to wait for Stonebridge water department's hydraulic model, some council members proceeded prematurely. He furthered that dissolving or merging our water departments without a clear plan would harm the community.
Jamie French from Craig Ave. spoke about her concerns about water in the northern part of town. She stated that during the 1970’s, after marshes had been filled and houses built, residents had issues with basements flooding. She alleged that underground piping installed during that time had likely failed, requiring storm drain installations to carry away the ground water. She stated that Tiverton wanted to hire a hydrologist to look at south Tiverton, yet no one seemed to care about the existing infrastructure problems in north Tiverton.
Maureen Morrow of Peaceful Way, noted that she supported the summer series at Fogland beach but wanted the Recreation Committee and town to keep in mind the fragility of the dunes and necessity of post event litter pickup.
Ron Marsh of 484 Rod Way, spoke about the proposed automated garbage pickup changes, and warned that many households with long driveways might be facing undue burdens.
Daniel Deren of 1542 Main Road, also spoke of the proposed garbage pickup changes, asked council to keep in mind the potential for large bins to succumb to high winds as well as the challenges that older residents might face managing the bins.
Maureen Morrow of Peaceful Way stated that we have a substantial litter problem with the current trash solution that needs a resolution.
Interim Administrator Jones explained that he has been authorized by the Council President to develop a citizen survey to allow residents to voice their opinions on the proposed garbage pickup solutions.
6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 6 ALCOHOLIC
BEVERAGES, Section 6-9 – Number of Licenses. This proposed ordinance will amend the Class A retail
sale maximum number of licenses, as governed by R.I. Gen. Laws § 3-7-3, and remove the current
maximum cap of three licenses and allow additional licenses to be issued based on the town’s
population as determined by the census
Council President Edwards V opened the public hearing. As no one presented to speak, the hearing was closed.
Councilor Hayden motioned to approve 6-A, as stated in the agenda. Seconded by Councilor Janick, the motion passed unanimously.
B. Cultural Survival/Candyce Testa – Approval of sound variance for Cultural Survival Bazaar at Tiverton
Four Corners Arts Center, 3852 Main Road on July 23-24, 2025, from 10 am to 6 pm, and approval of
special event permit (non-advertised)
Council President Edwards V opened the public hearing. As no one presented to speak, the hearing was closed.
Councilor Hayden motioned to approve 6-B, as stated in the agenda. Seconded by Councilor Paull, the motion passed unanimously.
7. BOARD OF LICENSING - Discussion and possible vote
A. Michael Roderick - Requesting Special Event permit for Courtney Roderick Run for Recovery on July
26, 2025, from 8:00 am to 11:00 pm, subject to meeting all legal requirements
It was noted that the end time for the event should be 11:00am. Michael Roderick reminded the annual event started in 2018 and was in memory of his daughter. He noted that they typically have 80-100 runners and raise at least $10,000 that supports different recovery houses.
Councilor Hayden motioned to approve 7-A, changing the time from 8:00 am to 11:00 am, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.
B. Library Director Damaini - Request approval of Class F One-Day Liquor License for a fundraising gala
event on Friday, May 30, 2025
Councilor Paull motioned to approve the Class F One-Day Liquor License for a fundraising gala for the Tiverton Library. Seconded by Councilor Janick, the motion passed unanimously.
8. GENERAL BUSINESS
A. 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
Mr. DaPonte was present with DPW Director Rogers to answer various contract and service related questions from the council. It was clarified that additional service options could be added at priced listed in the contract.
Councilor Hayden motioned to approve 8-A as submitted with the grass provisions not to exceed $63,700.00 and for unit prices to be adopted as submitted. Seconded by Councilor Janick, the motion passed unanimously.
B. Recreation Chair Gilfillen – Discussion and possible vote to hold Fogland Beach Sunset Series, at
Fogland Beach on June 24, July 8, 15, 22, 29, and August 5, 12, 29 from 5:30 pm to 8:30 pm
Councilor Paull motioned to approve the Fogland Beach Sunset Series with dates as stated in the agenda. Seconded by Councilor Perry, the motion passed unanimously.
C. Harbor Commission Chair Cox - Discussion and possible vote to request draft amendments to the
Code of Ordinance Section14-103 Renewal of Existing Permits to amend the date from December 15
to January 3 to be consistent with the mooring service provider and amend the notification process
Assistant Harbor Master Vanier explained the administrative rational for the date and process changes. The Council agreed to direct the Solicitor to draft an appropriate ordinance for future consideration.
D. Harbor Commission Chair Cox - Discussion and possible vote to approve an increase in mooring fees
Assistant Harbor Master Vanier explained the fees have not been reviewed since 2017 and gave several examples of outdated or insufficient mooring fees and processes.
The Solicitor explained that while the current ordinance does say the commission shall annually recommend separate fees for Resident and non-resident uses of recreational and Commercial Moorings yet is silent on how those are adopted. He suggested further research into incorporating these into the town’s fees and fines resolution.
Councilor deMedeiros motioned to direct the Solicitor to research incorporating the updated fees into the fees and fines table. Seconded by Councilor Janick, the motion passed unanimously.
E. Charter Review Commission Chair Janick – Discussion/clarification on the Charter Review
Commission’s role in charter change presentation and procedure to present changes to the
Electorate
Charter Review Commission Chair Janick explained that some Commission members had raised questions as to what the council's expectations were of their roll. He asked specifically if they were strictly advisory and that any restrictions, current or otherwise, be clarified.
Council President Edwards V, thanked the Commission for their service and noted the value in their work, before asking the Solicitor for his opinion.
Solicitor Marcello explained the Charter Commission is an Advisory Board to the Council and based upon their elected status, they have the ability, as a body, to propose any item without restrictions. However, the Council has the ultimate authority to approve, reject, amend or not take action on such proposals. He furthered that under state law that the Council is the only legislative body that can ask the voters to approve and put on the ballot, a charter change. He had conferred with former town solicitor Anthony DeSisto about a prior Tiverton legal court case, relative to the same question, that had been decided in a preliminary injunction in 2018. He stated he was confident in his advice on the question, under the law.
F. Brian Janes, Open Space Commission – Announcing signed Purchase & Sale Agreement for Hicks Farm
project
Open Space Commissioner Janes announced that after over 20 years of work by members of the Open Space Commission and Tiverton Land Trust, the Hicks Family had generously agreed to convey a conservation easement of over 48 acres of their property located at 471 Main Road. The easement covers the entire western portion of the property up from about the half to two thirds mark, down to 1,200 ft of waterfront. He complimented the forward thinking of the Hicks family and their strong desire to support community access and protect natural areas. He confirmed the purchase price for the easement is $2,630,000.00, and was based on a professional appraisal and associated costs, legal fees and survey work would probably add another $100,000.00. He noted the Council had committed $1,000,000.00 from the open space acquisition restricted fund with the remaining 1.7 million balance to be raised through public grants, private foundations, business supporters and private individuals. He added that the agreement also conveys a right of first refusal for the Town and the Land Trust should the owners decide to sell any remaining interests they have in the property. The easement will preclude the owners from any development of the premises, keep keeping it in a natural state in perpetuity and will allow public access once a trail system is in place.
G. Planning Board – Discussion and possible vote to schedule a public hearing and approve funding to
advertise the proposed additional amendments to the Zoning Ordinance
1. Zoning Ordinance Article II – Definitions. These amendments add “Commercial Marina,” amends “Mixed Use Complex,” and removes “Shopping centers, malls, mini-malls and strip-malls.”
2. Zoning Ordinance Article IV – District Use Regulations, Sections 1 – 13A. These amendments primarily effect uses in the General Commercial, Highway Commercial and Industrial Zones. Uses with use designations outside of those zones that are amended include: Three-family dwelling (§ 2(c)) and Family day care (§ 2(h)). In Section 1, attention is pointed to the need to consider the requirements of the Planned Development Park floating zone and the Watershed Protection Overlay District, and warns that the information in the “NOTES” column is not to the exclusion of other ordinances and laws. Notes calling attention to Article VIII, Watershed Overlay Protection District, are added to the “NOTES” column as well as reference to performance standards, Article VI, Section 10, and specific and objective criteria, Article XVI, Section 5, where appropriate. Further, the Solar Energy Systems use is added back into the District Use Table at Section 5(h). Finally, Section13A is renumbered as Section 14.
3. Zoning Ordinance Article VI – Other District Regulations, Section 10. These amendments provide, or amend, performance criteria for multiple uses permitted by right. Specifically: 1) Three-family dwellings, 2) Driving tee or range, miniature golf course, or similar use operated for commercial purposes, 3) Marina or boat yard, 4) Mixed use complex: Structure over 40,000 square foot building footprint for retail, commercial, or office uses, 5) Commercial marina, 6) Wholesale business and storage of nonflammable and non-explosive material in a building and 7) Retail outlet accessory to a wholesale or storage use.
4. Zoning Ordinance Article XIII – Industrial Performance Standards. These amendments change the scope of this ordinance from industrial uses to all non-residential uses, make necessary updates to comport with other sections of the zoning ordinance and update state law and regulation references. and
5. Zoning Ordinance Article XXVI – Conservation Development, Section IX Open Space. These amendments permit a homeowner’s association to own the open space in a conservation development.
Councilor deMedeiros motioned to schedule a public hearing and approve funding to advertise the proposed additional amendments to the zoning ordinance. Seconded by Councilor Janick, the motion passed unanimously.
H. Councilor Hayden - Discussion and possible vote to establish an account for the Semiquincentennial
250th Commission with an initial $500.00 funding
Councilor deMedeiros motioned to direct the Town Administrator to make arrangements for $500 funding for a Semiquincentennial Commission account. Seconded by Councilor Committo, the motion passed unanimously.
I. Councilor Hayden – Discussion related to current town impact fee percentage and funding allocation
Councilor Hayden stated that the impact fee structure was to be analyzed every five years, yet had not been in decades. He suggested starting the process of reanalyzing and reviewing the town impact fee percentages.
Noting that 100% of the fees go to the schools, Council President Edwards questioned the timing given the significant decline in school population.
Solicitor Marcello confirmed the necessity of an outside consultant as state law requires evidence to show the fee is reasonable to the claimed impact.
After further discussion, it was agreed that Council Hayden would work with the Town Administrator to determine next steps.
J. Councilor President Edwards – Discussion and possible vote to approve Resolution 2025-0013 in
support of H5784
Councilor deMedeiros motioned to approve Resolution 2025-0013 in support of H5784. Seconded by Councilor Paull, the motion passed unanimously.
K. Councilor President Edwards – Update on Housing bills
Councilor President Edwards updates that all of the related housing bills prepared by the Planning Board have been submitted in the form of enabling legislation.
L. Interim Administrator Jones – RIEMA FY2022 State and Local Cybersecurity Grant award for Cyber
Awareness Training for $26,500.00
Interim Administrator Jones informed that the grant was awarded to the school department to be used to improve the local cybersecurity and also provide training to employees and staff of the school department.
M. Interim Administrator Jones - Discussion and possible vote to approve Cox Business Commercial
Services Agreement
Councilor deMedeiros motioned to approve the Cox Business Commercial Services Agreement. Seconded by Councilor Paull, the motion passed unanimously.
N. Interim Administrator Jones – Discussion and possible vote to approve a contract renewal and fiscal
impact statement for Senior Center Director Janet Holmes
The item was tabled until after Executive Session.
O. Interim Administrator Jones - Discussion and possible vote to approve a contract renewal and fiscal
impact statement for Tax Collector Toni-Lyn McGowan
The item was tabled until after Executive Session.
P. Discussion and possible vote to appoint Patrick W. Jones as Town Administrator
The item was to be held until the next meeting at the request of the Interim Administrator.
Q. Councilor President Edwards – Discussion and possible vote to ratify a three-year contract for Town
Administrator Jones
The item was to be held until the next meeting at the request of the Interim Administrator.
9. EXECUTIVE SESSION
A. Town Administrator – R.I.G.L 42-46-5(a)(1) – Personnel -Job Performance Evaluation for Tax Collector
Toni Lyn McGowan – Notice given
B. Town Administrator – R.I.G.L 42-46-5(a)(1) – Personnel -Job Performance Evaluation for Senior
Center Director Janet Holmes – Notice given
C. R.I.G.L. 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. R.I.G.L. 42-46-5(a)(2)&(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; legal advice
related to Purchase and Sale terms and conditions
Councilor Paull motioned to enter into Executive Session for agenda items 9-A, B, C and D. Seconded by Councilor deMedeiros, the motion passed unanimously.
The council entered a closed executive session at approximately 9:20 p.m.
The Council returned to open session at approximately 10:05 p.m.
Councilor Hayden motioned to seal the minutes of Executive Session. Councilor Paull seconded the motion. The motion unanimously passed.
The Interim Administrator and Council collectively commended Ms. Holmes and Ms. McGowan for their exemplary work performances and thanking them for the value that each adds to the town.
N. Interim Administrator Jones – Discussion and possible vote to approve a contract renewal and fiscal
impact statement for Senior Center Director Janet Holmes
Councilor Paull motioned to approve the contract renewal and fiscal impact statement for Senior Center Director Janet Holmes. Councilor Hayden seconded the motion. The motion unanimously passed.
O. Interim Administrator Jones - Discussion and possible vote to approve a contract renewal and fiscal
impact statement for Tax Collector Toni-Lyn McGowan
Councilor Paull motioned to approve the contract renewal and fiscal impact statement for Tax Collector Toni-Lyn McGowan. Councilor Hayden seconded the motion. The motion unanimously passed.
Solicitor Marcello reported for item 9-C, discussion ensued and a vote was taken regarding potential legal strategy, the specifics which cannot be disclosed at the current time. Item 9-D involved discussion only and no vote was taken.
10. ADJOURNMENT
Councilor Hayden motioned to adjourn the meeting. Councilor Paull seconded the motion. The motion unanimously passed. The meeting adjourned at 10:15 p.m.
A True Copy.
ATTEST______________________________________
Jean Marie Veegh, Deputy Town Clerk