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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 Tuesday, October 14, 2025, at 7:00 PM at the Tiverton Senior Center, 207 Canonicus Street, Tiverton, Rhode Island 02878.
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 | David Perry | |
| Craig R. Committo | Denise M. deMedeiros | Michael S. Burk | Deborah G. Janick |
Solicitor Marcello, Administrator Jones, Town Clerk Chabot and Deputy Town Clerk Veegh were also present.
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. September 8, 2025 – Regular Meeting (Councilor Paull and deMedeiros abstain, absent)
2. September 29, 2025 – Special Meeting (Councilor Burk abstains, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Litter Control Committee (1)
2. Conservation Commission (1)
3. Harbor Commission (1)
4. Economic Development Commission (1)
5. Open Space and Land Preservation (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – September 2025
2. Town Administrator – Police and Fire Department Overtime Reports – September 2025
3. Legal memo from Solicitor Marcello related to Procedural Requirements for the Amending of the
Town’s Charter
4. School Forensic Audit Final Report
D. Acknowledge Receipt of Correspondence
1. Town of Portsmouth – Resolution supporting the Restoration of General Revenue Sharing to Cities
and Towns
2. Town of Westerly – Resolution in support of Preserving the Name, Significance and Observance of
the Victory Day Holiday
E. Approval of Tax Assessor Abatements – $20,154.34
F. DPW Director Silvia – Request to approve the time frame after Christmas, beginning Friday, December
26, 2025, and ending Thursday, December 31, 2024, to be a PAYT Trash Bag Holiday
Councilor Perry removed item C-4.
Councilor deMedeiros removed items D-1 and D-2.
Councilor Paull motioned to approve the Consent Agenda with the exception of items C-4, D-1 and D-1. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Perry, mentioning the recently received School Forensic Audit Final Report, suggested setting a meeting with the school and the auditor to answer any remaining questions. Councilor deMedeiros agreed. Administrator Jones agreed to coordinate with the school department.
Councilor deMedeiros suggested support of the two resolutions contained in items D-1 and D-2. It was agreed to include them in the meeting agenda.
Councilor Perry motioned to approve item C-4, D-1 and D-2. Seconded by Councilor deMedeiros, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Economic Development Chair Jones gave Council an update on recent EDC projects including a Welcome to Tiverton certificate that would be delivered to all new businesses. She noted that nine new businesses had been identified this year, but lamented on the lack of a reliable method of determining new businesses. She thanked Administrator Jones for his assistance with the Middle Avenue gazebo and the $5000 grant for the electrical outlet necessary to illuminate the Christmas tree lights as well as other future events. Ms. Jones also informed of recent meetings with RI Commerce, Ocean Tech Hub and Cox Business to discuss ideas for recruiting new businesses for empty spaces in the north Tiverton and the Industrial Business park.
Library Director Damiani informed of updates that included imminent construction on an outdoor pathway that will run from the front sidewalk around the back of the building to the east lawn. She added that the project was fully funded by grants and donations. She noted receipt of two generous grants of $50,000 from the Champlain Foundation and $50,000 from the Van Buren Charitable Foundation, as well as donations of $6,000 from Tiverton Power and another from the John Clark Trust for $5,000.
6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. Clint Clemens from the Harbor Commission, effective July 22, 2025
2. Susan Rodriguez from the Open Space Committee, effective September 13, 2025
3. Stu Gilfillen from the Semiquincentennial Commission, effective September 16, 2025
4. Mary Wall from the Budget Committee, effective September 5, 2025
5. Curtis Doberstein from the Budget Committee, effective September 5, 2025
6. Abigail Despres from the Budget Committee, effective September 5, 2025
Councilor Paull motioned to accept the resignations with regret and thanks. Seconded by Councilor Perry, the motion passed unanimously.
7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Approval of the proposed amendments to the Tiverton Code of Ordinances, Chapter 66-102
Recycling coordinator/recycling committee. This proposed ordinance amendment will modify Section
66-102 Recycling coordinator/recycling and eliminate the recycling committee from the town
ordinance
President Edwards V opened the public hearing. No one presented to speak. The hearing was closed.
Councilor Burk motioned to approve the proposed amendments as written. Seconded by Councilor Perry, the motion passed unanimously.
B. Approval of the proposed amendments to the Tiverton Code of Ordinances, Appendix A - Zoning,
Article II, Definitions; 7 Article IV, Section 4, District Use Regulations, Public and Semipublic
uses; and Article VI, 8 Section 10, Other District Regulations, Performance Criteria.
1. Article II, Definitions: Add definitions for “Cat rescue” and “Cat shelter.”
2. Article IV, Section 4: Adding to the District Use Table “Cat rescue and/or cat shelter” 13
(§4(s)).
3. Article VI, Other District Regulations: performance standards are proposed in Article VI,
Section 10, for: “Cat rescue and/or cat shelter” (§4(s)).
President Edwards V opened the public hearing.
Bajah’s Rescue owner Amanda Souza spoke, requesting approval of the ordinance that she stated will allow her business to move forward with state approval through the Department of Environmental Management. She added that it was the final step needed before the space can be inspected and licensed to officially begin rescue
operations. She stressed that at no cost to Tiverton, residents would finally have a local humane option for cats in need.
No others presented to speak. The hearing was closed.
Councilor Paull motioned to approve the proposed amendments as written. Seconded by Councilor Janick, the motion passed unanimously.
8. GENERAL BUSINESS
A. Discussion and possible vote to accept and adopt the 2025 Tiverton Hazard Mitigation Plan Update
Councilor Burk motioned to accept and adopt the 2025 Tiverton Hazard Mitigation Plan Update. Seconded by Councilor Perry, the motion passed unanimously.
B. Dave Santana/Borderline Takeout – Discussion and possible vote to approve 30-minute parking limit
on State Avenue (from the corner of Main Road to parking lot driveway on State Avenue – approx. 56
ft.) – Police Chief for recommendation
Councilor Burk motioned to motion to direct the Solicitor to draft the ordinance changes and advertise for public hearing. Seconded by Councilor deMedeiros, the motion passed unanimously.
C. Councilor Janick – Discussion and review of potential amendments to the Demolition Ordinance
section 18-67 as sought by Tiverton Historic Preservation Advisory Board (Sue Anderson) related to
historic buildings
The Council eventually agreed to a joint workshop with the Historic Preservation Advisory Board after lengthy discussion that included concerns over the draft demolition ordinance as presented. The issues included giving an advisory board excessive power, lack of an appeals process and potential to improperly designate properties as historic. Solicitor Marcello confirmed the town could protect individual buildings, but highlighted the complexity of enforcing and defining historic status without a formal historic district. Council President offered to coordinate the workshop.
D. Administrator Jones – Update on Viti charging station complaint
Administrator Jones explained a delay with coordination of a meeting. He expected to have an update at the next meeting.
E. Administrator Jones - Discussion and possible vote to award contract for Pocasset Hill Cemetery
paving to the lowest responsive bidder in the best interest of the town
The Administrator recommended to the Council to approve the lowest bid received from JR & Sons for $45,700. He noted the DPW Director was in agreement.
Councilor Burk motioned to motion to direct the Solicitor to draft the ordinance changes and advertise for public hearing. Seconded by Councilor deMedeiros, the motion passed unanimously.
F. Council President Edwards – Discussion and possible vote on Tall Ship hosting for 250th Celebration
Council President Edwards clarified that previous blanket approval of a Consent Agenda, merely acknowledged the letter, and did not approve the Tall Ship hosting request for the upcoming 250th celebration. He explained no funds for the endeavor. Recreation Chair Gilfillen was in attendance, and explained that the letter expressed only preliminary interest of viable locations. He would share the information with the Harbor Commission.
G. Administrator Jones – Update on Cynthia Ave. related to infrastructure improvements - paving
Administrator Jones explained the item was brought to his attention by Cynthia Avenue residents and confirmed by the Clerk, that the matter had been deliberated nine years ago. A directive was given to the then DPW director who had objected to significant drainage issues. No further research had occurred. He requested the Council authorize him and the DPW Director to commence research necessary to bring Cynthia Ave. and other streets in similar situations, up to town standards.
Councilor Committo suggested having discussions on the determination and maintenance of the many unaccepted roads. He believed that it would take minimal work for the DPW to repair roads to make them at the very least passable.
Planning Board member Rosemary Eva explained the history of a previous street committee, who had attempted to manage the issue many years ago.
Administrator agreed to report back with new information.
H. Administrator Jones – Discussion and possible vote to approve Narragansett Electric Company’s
request to extend the use of the property at 0 Souza Road as a laydown area supporting the electric
transmission line projects in the area (Article IV, section 16(l))
Councilor Paull motioned to vote to approve Narragansett Electric Company’s request to extend the use of the property at 0 Souza Road as a laydown area. Seconded by Councilor Perry, the motion passed 6-1, with Councilor Burk opposed.
I. Fire Chief Bailey – Discussion and possible vote to approve Probationary Firefighter lateral hire under
Reimbursement RIGL 45-2-70 (2025 H-5950a and S-0849a) not to exceed $5,648.25
Councilor Paull motioned to approve Probationary Firefighter lateral hire under Reimbursement RIGL 45-2-70 (2025 H-5950a and S-0849a) not to exceed $5,648.25. Seconded by Councilor Janick, the motion passed unanimously.
J. Councilor Burk – Discussion and possible vote on Resolution Observing Banned Book Week
Councilor Burk motioned to vote to approve Resolution Observing Banned Book Week. Seconded by Councilor Perry, the motion passed 5-2, with Councilors Committo and Edwards V, opposed.
K. Administrator Jones – Request to appropriate funds from Council Contingency Account No. 1020-6890
to pay vendors related to remediation on Canonicus Street and the subsequent lien
Councilor Burk motioned to appropriate funds from Council Contingency Account No. 1020-6890 to pay vendors related to remediation on Canonicus Street and the subsequent lien not to exceed $7,500.00. Seconded by Councilor deMedeiros, the motion passed unanimously.
L. Councilor Paull – Discussion and possible vote to advertise for Ordinance related to Dog Park Rules
and Regulations
Councilor Paull motioned to advertise for Ordinance related to Dog Park Rules and Regulations. Seconded by Councilor deMedeiros, the motion passed unanimously.
M. Town Solicitor – Discussion, vote, and approve to execute the Agreement with RI DOT related to
repair, ownership, and maintenance of a portion of Lewis Street related to a drainage project
Councilor Burk motioned to approve and authorize Council President Edwards V to execute the Agreement with RI DOT. Seconded by Councilor deMedeiros, the motion passed unanimously.
N. Receipt of Town of Administrator Recommendations related to FY 2025 Casino Revenue
Appropriations, Discussion and Vote to request Solicitor to draft Appropriation Resolution.
Administrator Jones delivered his recommendation to allocate $3,561,130 in casino gaming revenue for town and school capital projects, leaving about $1.9 million in the reserve account. Acknowledging the school departments request for $1.55 million to continue restroom and high school tennis court renovations, he recommended holding off on funding for those projects until a later date, suggesting that he work with the school committee to submit bids for the projects in the spring.
Councilor President reminded of two larger upcoming projects, recycling center and trash bin project that will need funding. He stated it would be wise to keep unallocated money in the capital expenditure account in the event of unexpected emergency situations.
Councilor deMedeiros mentioned upcoming $1.5 million in reimbursements funds that could be used for the remaining school wants and needs. She asked for the development of a plan to address the Bulgarmarsh restrooms that were in desperate need of renovation.
Fire Chief Bailey and Deputy Fire Chief Ferreira answered questions relative to the purchase of a new pumper truck. Several councilors also suggested using phased payments or partial prepayments for long-lead items.
Councilor Committo expressed frustration over making budget decisions without actual bids and sufficient information.
Solicitor Marcello clarified that the current procedure was to determine which projects the council were interested in moving forward with, then bids would be obtained and reviewed, followed by final Council approval.
Councilor Paull motioned to approve the town administrator's recommended expenditures for the gaming revenue in the amount of $3,561,130 as listed on his summary sheet. Seconded by Councilor deMedeiros.
Superintendent Haskins then requested to address the council. He urged the reconsideration of the school department's share. He said the administrator's recommendation represented 65% of the total gaming revenue, 27% of the school department's request and 12% of all departmental requests, and asked the council to give the schools the same consideration as municipal departments.
Councilor Denise deMedeiros noted that historically, the school department has gotten more casino money than other departments, which she said has impacted progress on other much-needed projects.
The council moved to the vote.
The motion passed 6-0-1, with Councilor Committo abstaining.
O. Town Administrator – Discussion, update, and vote related to Walgreens’ decision to discount charge
for PAYT trash bags to authorize Town Administrator to take all appropriate action
Administrator Jones declared that Walgreen’s had reversed course on the decision, therefore the matter has been resolved.
Council President announced that the new Town Website would be launched next week.
9. EXECUTIVE SESSION
A. Solicitor Marcello – R.I.G.L. 42-46-5(a)(2) Litigation: NC-2013-0087 Town of Tiverton v. LAL
Construction Company – Discussion and update on litigation and potential consent judgment
settlement
Councilor Edwards V motioned to enter into Executive Session for agenda item 9-A. Seconded by Councilor Burk, the motion passed unanimously.
The council entered a closed executive session at approximately 9:34 p.m.
The Council returned to open session at approximately 10:06 p.m.
Councilor Paull motioned to seal the minutes of Executive Session. Councilor Perry seconded the motion. The motion unanimously passed.
Solicitor Marcello reported on item 9-A. 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.
10. ADJOURNMENT
Councilor Paull motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion unanimously passed. The meeting adjourned at 10:07 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, Town Clerk