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 Tuesday, May 27, 2025, at 7:00 PM at the Tiverton Senior Center, 207 Canonicus Street, 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

 

Absent

Denise M. deMedeiros

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

 

***PROCLAMATION ***
Recognizing Emergency Medical Services (EMS) Week May 18-24, 2025

 

President Edwards V read aloud the proclamation.

 

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. April 21 2025 – Regular Meeting

     2. April 21, 2025 – Executive Session
     3. May 5, 2025 – Special Meeting (Councilor Edwards V abstains, not present)

     4. May 5, 2025 – Executive Session (Councilor Edwards V abstains, not present)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Litter Committee (1)
     2. Open Space and Land Preservation (1)
     3. Harbor Commission (1)
   

C. Acknowledge Receipt of Reports       

     1. Treasurer Saurette – Budget and Revenue Reports – April 2025

     2. School Department YTD Budget v. Actual Report – April 2025

 

D. Acknowledge Receipt of Correspondence

     1. Town of Warren
           a. Resolution in support of Amendments to RIGL 16-21.1-1 & 16-21.1-2 regarding Funding of
               Student Transportation

           b. Resolution requesting an Amendment to RIGL Title 39, Chapter 2 Regarding the Duties of Public
               Utilities

     2. Town of Hopkinton Resolution in support of Senate Bill 5-57 and House Bill H-5393 Regarding

          Maintenance of Sidewalks 

     3. Letter from Katherine Perruzzi regarding town water capacity and potential water district merger

     4. Town of Charlestown Resolution in Opposition to Rhode Island 2025 Gun Control Legislation

     5. Town of Burrillville Resolution regarding School Transportation

 

                E. Fire Chief Bailey – Request approval of budget transfers:

                     $5,018.00 from 3310-6968 Medical Physicals to 3310-7840 Station/Building Maint 

 

Councilor Paull motioned to approve the Consent Agenda items. Seconded by Councilor Perry, the motion passed unanimously.

 

5. PUBLIC PRESENTATION

              A. Meghan Hyland, Hague, Sahady & Co. P.C. – Presentation of Audit Report 6/30/2024

 

Meghan Hyland with Hague, Sahady & Co., gave the Annual Financial Report presentation that included reviews of the Independent Auditor's Reports, the Single Audit Report, the Uniform Guidance Report, and the Tiverton School District UCOA Report. The Town received a clean audit report opinion free of material weaknesses and significant deficiencies.  Financial highlights were given of expenditures by class, pension obligations, liabilities, OPEB, general fund balances, and the basic financial status of the Town. She also reviewed school department budgetary highlights, including current total fund balances.

 

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

 

There were no public comments.  

 

7. BOARD OF LICENSING – Discussion and possible votes – subject to meeting all legal requirements

Directions to view licensing applications: 1) Click on https://tivertonri.portal.opengov.com/search,

2) Click Records and then type in the record number listed on the agenda, 3) Click on the highlighted record to view the application

 

                A. Timothy Pavao - Request approval of Special Event license for Mass Wagens' 2nd Annual Car Show on
                     Sunday, July 20, 2025, from 11:00 am to 4:00 pm (July 27 rain date) at 300 Industrial Way (SPE-75)

 

Councilor Perry motioned to approve the Mass Wagens' 2nd Annual Car Show on Sunday, July 20, 2025, from 11:00 am to 4:00 pm (July 27 rain date) at 300 Industrial Way - subject to meeting all legal requirements. Seconded by Councilor Paull, the motion passed unanimously.

 

                B. Kevin & Brenda McGovern - Request approval of Special Event license for wedding reception on

                     Saturday, August 16, 2025, from 5:00 pm to 11:00 pm at 1520 Crandall Road (SPE-69)

 

Councilor Paull motioned to approve Special Event license for wedding reception on Saturday, August 16, 2025, from 5:00 pm to 11:00 pm at 1520 Crandall Road - subject to meeting all legal requirements. Seconded by Councilor Perry, the motion passed unanimously.

 

                C. Ester & Joel Bishop d/b/a Gnarly Vines Farm - Request approval of Victualling license for farm store
                     at 241 Cornell Road – hours of operation Thursday – Sunday 9:00 am to 8:00 pm (ANN-25-4)

 

It was noted that the business location was 2490 Main Road.

 

Councilor Paull motioned to approve the victualling license for farm store at 2490 Main Road with the hours of operation as stated - subject to meeting all legal requirements. Seconded by Councilor Perry, the motion passed unanimously.

 

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

A. Approval of the Petition to Abandon Transport Drive

               

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

 

Councilor Burk motioned to approve the abandonment of Transport Drive, as set forth in Resolution 2025-0022. Seconded by Councilor Janick, the motion passed unanimously.

 

9. GENERAL BUSINESS

                A. Tiverton Police Dept./Recreation Commission – Discussion and possible vote to approve new location
                     for Child Safety and Wellness Day event, previously approved for Grinnell’s Beach and surrounding
                    areas on Saturday, June 28, 2025, from 10 AM – 5 PM with a rain date of Saturday, June 29, 2025

 

Lieutenant LeDuc explained the request to change venue location from Grinnell’s Beach to Longplex Family & Sports Center on June 29, citing logistical challenges at the beach, including parking issues and safety concerns for families.

 

Councilor Paull motioned to approve the location change from Grinnell’s to Longplex on Sunday, June 28, 2025, from 10 AM – 5 PM. Seconded by Councilor Perry, the motion passed 4-2, with Councilors Janick and Burk opposed.

 

                B. Tiverton Recreation Commission – Discussion and possible vote to purchase a refurbished Surf Rake

                     600HD for $53,800

 

Recreation Chair Gilfillen explained that after conversations with Little Compton, the rake would have other applications other than cleaning excessively rocky beaches, such as thatching baseball infields as well as grass edging. He suggested utilizing $30,000 in available Stonebridge funds. Administrator Jones recommended using Capital Fund 640 for the balance. 

 

Councilor Burk motioned to approve the purchase the refurbished Surf Rake 600HD for $53,800 with $30,000 coming from the Stonebridge account and $23,800 coming from capital funds. Seconded by Councilor Paull, the motion passed unanimously.

 

                C. Tiverton Recreation Commission – Discussion and possible vote to purchase a replacement plaque for

                     Bulgarmarsh Recreation Area not to exceed $1,300

 

Recreation Chair Gilfillen explained the item was to replace a stolen metal plaque on a stone obelisk that had commemorated Arthur and Eva Guimond, who had donated the recreation area land.  

 

Councilor Burk motioned to approve the purchase a replacement plaque for Bulgarmarsh Recreation Area not to exceed $1,300, using Recreation supply funds. Seconded by Councilor Perry, the motion passed unanimously.

 

                D. Fire Chief Bailey - Discussion and possible vote to approve budget transfers:

                     $5,018.00 from 3310-6968 Medical Physicals to 3310-7840 Station/Building Maint 

 

Duplicate item previously listed under Consent Agenda.

 

                E. Administrator Jones - Discussion and possible vote to authorize limited engagement with Partridge,
                     Snow & Hahn, LLP to assist with legal services associated with the negotiation of renewable energy
                     lease agreement for former town landfill

 

Administrator Jones explained that a certain firm has shown interest in placing a solar array on the former town landfill, and that the Solicitor recommended engagement with Partridge, Snow & Hahn, who specializes in renewable energy leases. After discussion, it was agreed to start with a retainer amount of $20,000.

 

Councilor Paull motioned to authorize limited engagement with Partridge, Snow & Hahn, LLP to assist with legal services associated with the negotiation of renewable energy lease agreement for former town landfill, in an initial dollar amount not to exceed $20,000. Seconded by Councilor Perry, the motion passed unanimously.

 

                F. Administrator Jones – Update on School Department Forensic Audit (MARCUM)

 

Administrator Jones, noting that the audit had never been finalized, recommended a requesting a final copy from MARCUM for review, and then determine if further action was necessary. He reminded that to date, approximately $50,000 had been previously spent.

 

                G. Administrator Jones – Discussion and possible vote to schedule public hearing to abandon

                     Communication Drive and Enterprise Way, and approve funding to advertise public hearing

 

Councilor Burk motioned to approve scheduling and advertising the public hearing for Communication Drive and Enterprise Way to be abandoned and approve funding for advertising the public hearing. Seconded by Councilor Janick, the motion passed unanimously.

 

                H. 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 LP Properties for Assessor’s Plat 107, Lots 750, 751, and 752 for

                     use as a hotel

 

Solicitor Marcello explained the council previously authorized execution of a purchase and sale agreement, conditioned by a requirement of final master plan approval by the planning board, prior to closing. He furthered the buyer was now interested in closing on the property, without master plan approval, at his own risk.

 

Councilor Paull motioned to authorize the Town Solicitor and/or 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 LP Properties for Assessor’s Plat 107, Lots 750, 751, and 752 for use as a hotel. Seconded by Councilor Perry, the motion passed 4-2. Councilors Burk and Janick abstained.  

 

                I. 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 Longplex Ice and Golf, LLC for Assessor’s Plat 107, Lots 720
                    through 742 for use as ice skating rinks and driving range.

 

Solicitor Marcello explained the purchase and sale agreement had afforded Buyer with a due diligence period to obtain necessary approvals for Buyer’s intended use of the property, including master plan and zoning approval, which Buyer was now waiving those requirements. 

 

Councilor Paull motioned to approve Resolution 2025-0023 to authorize the Town Solicitor and/or Town Administrator to take all necessary actions to close on said listed parcels. Seconded by Councilor Committo, the motion passed 4-2. Councilors Burk and Janick abstained. 

 

President Edwards V motioned to amend the agenda under Per RIGL 42-46-6(b), to add an item related to school capital requests, for discussion only. Seconded by Councilor Paull, the motion passed 5-1, with Councilor Burk opposed.

 

President Edwards V explained due to an oversite, the item had not been included on the agenda. He stated that given timelines and budgets, an open discussion would be helpful as the schools would need to make decisions around additional layoffs if the requested capital requests were not approved.

 

School finance director Brendon Andrade, confirmed $312,605 as the request amount. 

 

Councilor Burk said there were items he did not believe should continue as capital requests, lamenting that without the appropriate backup, he could not speak to the specific items. While he thought some items were appropriate, he was also concerned that the schools assumed they would get gaming funds no matter what.

 

Mr. Andrade responded that they need to “get to a better place in the future”, but at present, 23 full time  position layoffs were planned, and receiving less than the $312K would render more layoffs.

 

Discussion continued with concerns about the appropriateness of certain items being classified as capital expenses v. operational expenses. Members debated the longevity and necessity of various purchases, such as Chromebooks and textbooks, and how they should be funded. Also questioned was the implications of using gaming funds for capital requests, with references to previous funding agreements and the need for a clear policy moving forward. Ultimately, there appeared to be a consensus that the council would need to address the capital request in the context of the current overall budget and fiscal constraints.

                J. Council President Edwards V – Schedule workshop regarding homestead exemption

 

It was agreed to schedule a workshop to discuss a potential homestead exemption at the next regular meeting on June 23, 2025.

 

10. EXECUTIVE SESSION

                A. 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

 

Councilor Edwards V motioned to enter into Executive Session for agenda item 10-A. Seconded by Councilor Burk, the motion passed unanimously.

 

The council entered a closed executive session at approximately 8:22 p.m.

 

The Council returned to open session at approximately 8:41 p.m.

 

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

 

Solicitor Marcello reported that for item 10-A vote was taken but the disclosure of any such votes taken in executive session at this point would be detrimental to the interests of the town and therefore they will not be disclosed at this time.

 

11. ADJOURNMENT

Councilor Paull motioned to adjourn the meeting. Councilor Burk seconded the motion. The motion unanimously passed. The meeting adjourned at 8:42 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                           Joan B. Chabot, Town Clerk