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

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

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

Resident David Cardin spoke of his concerns related to the proposed abandonment of Production Way and potential zoning changes that could be detrimental to the town. He likened his concerns to a previously proposed solar ordinance matter, that he described as “a near miss for the town” adding “we came very close to adopting an ordinance that would have allowed clear cutting that would have allowed solar panels in front yards...” crediting members of the public and expert consultations that resulted in what he termed the “best solar ordinance on the east coast and maybe one of the best in the country.” He urged the same process be used in the current matter to ensure protection of the watershed area adjacent to Stafford Pond. He noted that after reviewing Lidar maps of 2022, it was his opinion that surface and underground water from the proposed sites drains into Stafford Pond. He criticized that watershed was not part of the August 12, 2025 discussion when the council was considering zoning changes to allow a recycling facility. He acknowledged that while the proposed recycling facility was not approved, the same purchase and sale contract remained in process. He declared the public should know what the intended use is in order to make informed decisions. He finished comments noting that as a lawyer for 50 years, he believed the contract with RD Recycling was invalid, due to an addendum that came after the contract had expired. Additionally, he cautioned the Council that abandonment of the paper road would land lock adjacent lots, causing a violation of subdivision regulations.

Resident Jamie French commenting on item 9-E that included potential approval of H-7292, described the bill as discriminatory, that in preventing LMI housing south of Bulgarmarsh Road, forces the development to north Tiverton area. She also referenced the upcoming discussion on trash pick-up (9-J) and urged consideration of a public hearing as well as a test period where the town rent barrels before permanent decisions were made.  

Resident Maureen Morrow raised the matter of road paving prioritization, and recommended an online road condition index solution similar to what Middletown currently uses that uses objective criteria and public input to grade streets and base annual paving decisions on.

6. PRESENTATION of 2026 Legislative Priorities

                A. Discussion related to possible legislation affecting the Town of Tiverton

                     1. Short Term Rentals

                     2. Water Districts
     3. Homestead Exemptions

                     4. Statewide Transportation process from concept/idea to implementation for public safety/traffic
           safety improvements on public ways for the community

                     5. State Enabling legislation to establish different tax classifications (i.e. residential, commercial,
           mobile home)

                     6. Statewide School Transportation Funding formula

                     7. Opportunities for state grants

       8. Updating and clarifying veteran and Gold Star family property tax exemptions

                     9. Land Use Legislation

Representative McGaw and Senators Felag and DiPalma each spoke relative to current legislation priorities.

Senator Felag recommended solicitor review of housing legislation passed last year that may need updating. As an example, he cited H-5801 and S-1088 that took out language relative to the denial of a comprehensive permit request that no longer requires the 10% guidance.

Senator DiPalma noted the end of the week deadline for bill submission, and the February 27^th deadline for introduction. He mentioned a bill submitted for hearing that relates to the counting of units, whereas the counting begins upon permit, not post build.

Rep. McGaw detailed bill H-7423 that she was working on with Rep. Speakman that includes statewide planning to do a reporting analysis on current systems that evaluate waste treatment systems, in particular as to how it relates to dense housing requirements.

Councilor Burk questioned potential development of short term rental (STR) legislation that he considered important due to neighborhood impacts. Senator DiPalma responded that other towns, citing Middletown, have moved forward with some form of STR legislation. Rep. McGaw stated that there was a short-term rental commission at the state level that has been holding meetings, litigation was pending and that ultimately will make a determination as to whether STR’s should be under the purview of municipalities or the state. She added that it was unlikely to see recommendations or legislation come out of that commission until some of the lawsuits have been settled.

Councilor Burk also urged the delegation to address statewide school transportation funding to see what could help reduce the cost on cities and towns for required transportation for special education, private schools, etc.

Noting that as over 2400 bills have been submitted, Senator Felag recommended consultation with department heads to identify specific bills, they could focus on that could be detrimental or beneficial to the town.

7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgement of resignations:

                     1. Marlen Oliva from the Zoning Board of Review (alternate position), effective December 12, 2025

8. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes, subject to meeting all legal requirements

A. Approval of the Petition for Abandonment of Production Way, identified on the Town of Tiverton Tax
     Assessor’s Map as Parcels #109-705, #109-706, and #109-707.

Councilor Burk stated the hearing was specific to the abandonment of Production Way, with nothing on the table about a construction and demolition zoning change and any discussion thereof would be inappropriate. President Edwards V, agreed.  

Councilor Janick motioned to move forward item 9-A. Seconded by Councilor Burk, the motion failed 4-3, with Councilors Committo, Edwards V, Paull and Perry opposed.

President Edwards V opened the public hearing.

Resident David Cardin addressed the council, stating the contract language indicated it must be performed by August 9, which it was not, and also required an extension in writing and signed by both parties prior to December 9. He referred to an addendum signed on January 6, which professes to extend the time period. He cautioned that if you do not have a contract and you eliminate the paper road, you would be violating not only subdivision regulations, but unnecessary action would be taken without knowing what would happen by way of the future contracting period. He said he was not trying to get in the way of the sale of the property, rather, his concern was that it be sold to someone who's going to use it for a purpose that doesn't do harm to the public.

Resident Jamie French questioned the purchase agreement, as it still contained construction and demolition language despite that use being previously voted down. Noting parcel 705 abutting the watershed, she expressed concern over potential dumpster cleaning and storage materials causing contamination. She suggested the matter be referred to the Conservation Commission for review.

Karen Ephraim of N. Christopher Avenue expressed concerns over potential land use for clean dumpster storage and PFAs contamination. President Edwards V interjected, stating the hearing was to discuss the abandonment of Production Way only. He said a buyer of the land can do with it anything that is allowed under zoning, adding that a construction and demolition facility is not currently allowed.

Solicitor Marcello explained that issues about drainage, runoff and environmental concerns would have to go through the planning process at the development plan review or master plan approval stage. He reminded that this matter involved a raw piece of land and the abandonment of a paper street that doesn't exist, that is consistent with the purchase and sale agreement that was agreed to by this council back in June.

Gayle Lawrence of Long Pasture Way opened noting that she does not believe things are happening in a transparent observable way and that causes friction, tension, worry on the part of the citizenry. She stated that it is urgently important for the council to provide the public with a mission statement related to the buildout of the business park and a corresponding map. She added that the people of the town who pay taxes and have a right to expect their government maintain a reasonable level of security in terms of their environment and that they feel protected from unwarranted and unnecessary risks caused by the government's decisions.

Solicitor Marcello replied to the lack of transparency accusation, noting that all of the contract records happened in a public fashion and have been available since June.

Resident and Zoning Revision Commission member Susan Anderson said the Commission has been talking about the watersheds and had recently wrote a letter to the Planning Board to request that an expert geologist in engaged to relook at the boundaries of the Stafford Pond watershed.

President Edwards closed the public hearing.

After further discussion among the council, the vote was moved.  

Councilor Committo motioned to approve the abandonment of Production Way. Seconded by Councilor Perry, the motion passed 4-3, with Councilors Burk, Janick, and deMedeiros opposed.

B. Approval of the proposed amendment to the Tiverton Code of Ordinances, Articles of Appendix A –

     Zoning Ordinance: (continued to March 9, 2026) pending a council workshop

1. Article II, Definitions:  Amend definition of “Earth removal”; add definitions for “Agricultural

     composting” and “Backyard composting”;

2. Article III, Zoning Districts: Add Section 5. Transition Rules;

3. Article IV, District Use Regulations:

                a. Amend Section 4, Public and Semipublic uses, Subsection (d) Membership athletic

                   club, to permit the use by right in the Waterfront 1 and 2 Zones

                b. Amend Section 16, Prohibited Uses (Manufactured Homes and Composting);

                c. Amend Section 22. Adaptive Reuse;

                d. Add Section 23. Accessory Dwelling Units

                e. Add Section 24. Uses not listed in the table of uses;

4. Article V, District Dimensional Regulations: Amend Section 1. Dimensional regulations table as

     to the PFD and TMS zones;

5. Article VI, Other District Regulations:

                a. Amend Section 1, Yard regulations and accessory structures;

                b. Amend Section 2, Departures from yard requirements;

                c. Add Section 11, Design Standards;

6. Article VII, Substandard Lots of Record:

                a. Amend Section 1. Substandard original lots;

                b. Amend Section 2. Merger of lots under single ownership;

                c. Amend Section 4. Applicable dimensional requirements;

                d. Delete Section 5. Special use permits;

7. Article X, Special Provisions: Amend Section 7. Modifications to dimensional requirements;

8. Article XIV, Nonconforming Development: Delete and replace Section 1 – 8;

9. Article XVI, Special Use Permits: Amend Sections 1 – 5;

10. Article XVIII, Enforcement and Administration:

                a. Amend Section 1. Zoning officer;

                b. Amend Section 4, Vested Rights.

Councilor Burk motioned to continue the public hearing until March 9, 2026. Seconded by Councilor deMedeiros, the motion passed unanimously.

9. GENERAL BUSINESS

10. EXECUTIVE SESSION

A. Administrator Jones - R.I. Gen. Laws § 42-46-5(a)(2) Collective Bargaining: Update on AFSCME Local

     2670A negotiations

B.  Solicitor Marcello - R.I. Gen. Laws § 42-46-5(a)(2) – Litigation – Watershed Development v. Town of
     Tiverton (CA NC-2026-0036) 

Councilor Edwards V motioned to enter into Executive Session for agenda items 10-A and 10-B. Seconded by Councilor Paull, the motion passed unanimously.

The Council entered a closed executive session at approximately 9:40 p.m.

The Council returned to open session at approximately 10:20 p.m.

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

Solicitor Marcello reported on items 10-A and 10-B; no votes were taken, discussion only.

11. GENERAL BUSINESS (continued)

12. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Paull seconded the motion. The motion unanimously passed. The meeting adjourned at 10:21 p.m.

A True Copy.

ATTEST______________________________________

                     Joan B. Chabot, Town Clerk