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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, January 12, 2026, at 7:00 PM at the Tiverton Public Library, 34 Roosevelt Ave, 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
Deborah G. Janick Craig R. Committo Denise M. deMedeiros
Michael S. Burk
Solicitor Marcello, Administrator Jones, Town Clerk Chabot, and Deputy Town Clerk Veegh were also present.
4. FIRST EXECUTIVE SESSION – 6:30 PM
A. Special Legal Counsel Cappizzo - RIGL. 42-46-5(a)(5) Discussion considerations related to lease of real property concerning the former Tiverton landfill as a result of response to RFP related to solar farm development.
Councilor Paull motioned to enter into Executive Session for agenda item 4-A. Seconded by Councilor Perry, the motion passed unanimously.
The Council entered a closed executive session at approximately 6:30 p.m.
The Council returned to open session at approximately 7:10 p.m.
Councilor Paull motioned to seal the minutes of Executive Session. Councilor deMedeiros seconded the motion. The motion passed unanimously.
Without objection, Council President Edwards V moved forward item 10-I.
1. Administrator Jones – Recommendation and potential vote to approve award of solar development at site of previous Tiverton Land Fill
Council President Edwards V explained his recommended to award the RFP to Kearsarg Energy was based on demonstrated Rhode Island landfill experience, the ability to manage federal requirements, deadlines and interconnect risk, financial return and certainty to the town, clarity regarding long-term ownership, overall project viability under regulatory and infrastructure constraints and also based on the initial payment estimates as well as their responsiveness related to the membrane cap on the landfill.
Councilor Paull motioned to award the RFP and engage with Kearsarge Energy for the solar panel project at the Tiverton landfill. Councilor Burk seconded the motion. The motion passed unanimously.
5. ADMINISTRATION OF OATH
A. Police Officer Justin Simmons
B. Police Officer William Riley
C. Police Officer Ryan Feuti
A swearing-in ceremony commenced for the new Tiverton Police Department members as listed. All were formally recognized and administered the oath of office. Police Chief Costa thanked family members and colleagues for their support.
6. 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. November 24, 2025 – Regular Meeting
2. November 24, 2025 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Conservation Commission (1)
2. North End and Industrial/Business Park Advisory Subcommittee (6)
3. Open Space Commission (1)
4. Litter Control Committee (1)
5. Economic Development Commission (1)
6. Building Code Board of Appeals (1)
7. Historical Cemeteries Commission (1)
8. Historic Preservation Advisory Board (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – November 2025
2. Police and Fire Department Overtime Reports – November 2025
3. Treasurer Saurette – Budget and Revenue Reports – November 2025
4. School Department YTD Budget v. Actual Report – November 2025
D. Acknowledge Receipt of Correspondence
1. Town Of West Greenwich Resolution 2025-10 Regarding Low and Moderate Income Housing
2. Town of Hopkinton Resolution to Authorize the Town to confer jurisdiction on the Hopkinton Municipal Court to hear certain appeals.
3. Visiting Nurse Home & Hospice – Letter of thanks for $5,000.00 budget allocation
E. Approval of Tax Assessor Abatements – $348.96
F. Annual Budget Process/FTR – Fiscal Year 2026-2027 Key Dates
G. Approval of budget transfer:
1. $11,200.00 from Acct# 5130-5102 Maintenance Staff Salaries to Acct# 5130-5180 Maintenance Seasonal
H. Fire Department – Notice of Fire Department rescue billing rate increase
I. Acceptance of resignation of Attorney Matt Chappel as Prosecution Solicitor
Councilor Janick pulled D-1
Councilor Burk pulled C-1, D-1 and D-3
Councilor Paull motioned to approve the Consent Agenda items except items C-1, D-1 and D-3. Seconded by Councilor Perry, the motion passed unanimously.
Re: C-1, Councilor Burk questioned having no rejected loads to RI Resource Recovery
Re: D-1, Councilor Janick requested that Tiverton consider adopting the same resolution related to low and moderate income housing.
Re: D-3, Councilor Burk noted his appreciation for the letter of thanks from Visiting Nurse Home & Hospice.
Councilor Burk motioned to approve the Consent Agenda items C-1, D-1 and D-3. Seconded by Councilor Janick, the motion passed unanimously.
7. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Resident Gayle Lawrence voiced reservations related to the potential hiring of Planner candidate Christopher Spencer. Council President noted the importance of understanding that personnel hiring was a definitive hiring process and handled by the Administrator. He furthered that in this instance, the candidate was interviewed not only by the personnel board, but that the Administrator had garnered input from several members of the council, the planning board, as well as from the school superintendent. Solicitor Marcello cautioned that as a personnel matter, any remarks she had about said candidate should be submitted in writing, to which the council could then decide to discuss further in an executive session.
Semiquincentennial Commission member Peter Moniz gave an updated with regard to the upcoming 250th celebration, encouraging resident participation.
8. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. Raphael Weschler from the Semiquincentennial Commission, effective 12/3/2025
2. Brenda Mottram from Conservation Commission, effective 4/15/2025
3. Constance Fleckenstein from Conservation Commission, effective 4/15/2025
Councilor Paull motioned to accept the listed resignations with regret. Seconded by Councilor Perry, the motion passed unanimously.
9. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes, subject to meeting all legal requirements
A. Approval of the proposed amendment to the Tiverton Code of Ordinances, Chapter 78 TRAFFIC AND VEHICLES, Section 78-37 (g) adding provisions for placing stop signs at the intersection of Wampanog Lane and Gadsby Lane
President Edwards V opened the public hearing. Residents Jamie Borden and Gayle Lawrence each voiced
support for the proposed amendment. The hearing was closed.
Councilor Paull motioned to approve the proposed amendment to the Tiverton Code of Ordinances as listed. Seconded by Councilor Perry, the motion passed unanimously.
B. Approval of the proposed amendment to the Tiverton Code of Ordinances, Chapter 78 TRAFFIC AND VEHICLES, Section 78-83 adding provisions for placing 30-minute parking limit sign, daily between 8:00 AM and 8:00 PM, on State Avenue from Main Road east for 56 feet to the driveway of 287 State Avenue
President Edwards V opened the public hearing. No one presented to speak, and the hearing was closed.
Councilor Paull motioned to approve the proposed amendment to the Tiverton Code of Ordinances. Seconded by Councilor Perry, the motion passed unanimously.
C. Approval of the proposed amendment to the Tiverton Code of Ordinances, Chapter 22 BUSINESSES, Section 22-3 Holiday business to repeal Holiday license, effective January 1, 2026, based on a change in Rhode Island state law
President Edwards V opened the public hearing. No one presented to speak, and the hearing was closed.
Councilor Paull motioned to approve the proposed amendment to the Tiverton Code of Ordinances. Seconded by Councilor Perry, the motion passed unanimously.
D. Approval of the proposed amendment to the Tiverton Code of Ordinances, Articles of Appendix A – Zoning Ordinance:
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
b. club, to permit the use by right in the Waterfront 1 and 2 Zones
c. Amend Section 16, Prohibited Uses (Manufactured Homes and Composting);
d. Amend Section 22. Adaptive Reuse;
e. Add Section 23. Accessory Dwelling Units
f. 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
Council President Edwards V noted that Councilor Committo, with agreement of several other councilors’, to first engage in a workshop with the land use attorney and the planning board who are recommending the changes, for further clarification. See item 10-A. He would open the hearing and continue to a future meeting.
President Edwards V opened the public hearing.
Councilor Paull motioned to continue the public hearing to the February 9, 2026 council meeting. Seconded by Councilor Perry, the motion passed unanimously.
10. GENERAL BUSINESS
A. Councilor Committo – Requesting workshop with Planning Board on Proposed Zoning Amendments as noted under 8D
Councilor Committo stated he was satisfied with the previous decision to hold the workshop.
B. Charter Review Commission Summary Report – Scheduling of potential workshop
Charter Review Commission Chair Janick gave council a summary and justification for the proposed changes entertain questions. He recommending holding a public hearing for the discussion of the proposals.
Among the proposed changes related to the budget adoption was timeline and expansion of the role of the Budget Committee to give full authority for adoption of the final unified budget to the Budget Committee, with the option of the Town Council and School Committee to submit an alternate budget. He expressed gratitude to all of the members of the Commission for their time and commitment to the work.
Other recommendations included but were not limited to: town council term changes, town administrator qualification requirements, changing the town treasurer position from elected to appointed, adding the town planner position to the charter, streamlining the process for zoning applications, new provisions for special use permits and variances, allowing for more flexibility, as well as enhanced procedures for appeals and decisions made by the Zoning Board of Review.
Discussion ensued and Mr. Janick answered several questions. Clerk Chabot cautioned that a public hearing should be held sometime in June to allow sufficient time to submission to the state by early August. It was agreed to task the Clerk with scheduling a February workshop in coordination with the Charter Review members.
C. Brian Janes/Open Space Commission – Discussion and possible vote to approve the Hicks Farm project Purchase and Sale extension addendum
Mr. Janes explained the request to extend the existing purchase and sale agreement by 18 months, was to allow more time to continue fund raising. He was pleased to inform they had received verbal confirmation that a DEM grant was to be awarded in the amount of $500,000. Also, private fund raising had yielded $186,349 thus far.
Councilor Burk motioned to authorize the town administrator to sign the addendum to the purchase and sale agreement pending agreement with the owners of the property. Seconded by Councilor Committo, the motion passed unanimously.
D. Assessor Robert – Discussion and possible vote to award contract for 2026 Statistical Revaluation to Catalis
Councilor Perry motioned to award contract for 2026 Statistical Revaluation to Catalis. Seconded by Councilor Paull, the motion passed unanimously.
E. DPW Director Silvia – Discussion and possible vote to award contract for 40 Yard Container Rental to Excel Recycling
Councilor Burk motioned to award contract for 40 Yard Container Rental to Excel Recycling. Seconded by Councilor Paull, the motion passed unanimously.
F. DPW Director Silvia – Discussion on Cynthia Ave Engineering Design bids received
Director Silvia explained the RFP was intended to determine how much it would cost the town to bring an unaccepted, unimproved road to town standards to make it an accepted road. Stating three bids had been received, he affirmed the costs were for the initial design and construction estimate only. He added if a decision was made to move forward, would still need and RFP for the actual construction of the road. He said that M & J Engineering was the lowest bidder at $46,665.
Administrator Jones gave background on the Cynthia Ave. matter, noting it had been before the council nearly 11 years ago, resulting in a directive to that town administrator and DPW director to do an engineering study, which was never done. That council also gave the directive to grade the street at least twice a year and fill any potholes. His understanding was that it has not been done on a consistent basis; he referred to a visit to the road in the summertime, and likened travelling the road to “driving on the moon.” At a minimum, he recommended the council to direct that Cynthia Ave. and any other streets that may have had a prior arrangement with, to grade and bring up to some sort of acceptable standard.
Councilor Committo questioned how it would be determined what other streets had prior grading agreements and if these existing agreements had been documented. Director Silvia replied that there were six roads that the town has agreed to at least grade twice a year, and that was documented. He opined that twice a year was not sufficient with weather as well as increased modern traffic.
Solicitor Marcello reminded the item was only on the agenda for discussion and no directive could happen at this meeting.
Councilor deMedeiros expressed concern over setting a precedence by moving forward on the preliminary engineering costs. Other councilors questioned what other roads might be in the same situation.
Administrator Jones explained that the genesis for the discussion item occurred as a result of Cynthia Ave. resident Audrey Sanford’s concern over the inadequate maintenance of the road, and had provided research from historical council minutes that showed a prior directive given to the town administrator and the DPW director that never was followed through. He noted Ms. Sanford was in attendance, and invited her to speak.
Ms. Sanford explained that at a council meeting in 2015, Councilor deMedeiros herself had made a motion to accept Cynthia Ave. She furthered that the vote was taken, resulting in Cynthia being accepted as a grandfathered street. She said the matter was brought forth after the town had stopped services, despite a prior agreement to grade twice per year, prompting her to hire an attorney to prove that it was a town road.
Solicitor Marcello questioned Ms. Sanford’s recollection of the any prior related litigation, as he confirmed that Cynthia Ave. was not on the town’s accepted street list. She maintained that she has tried numerous times since to get that list properly updated.
Council President Edwards V, asked Ms. Sanford to provide any of her research to the council for review.
Director Silvia stated that based on those 2015 minutes, a discussion should be had as to what “accepted” at that town council meeting meant. He posed the question of if they meant to continue to maintain the road and give it services or did they make it an accepted road.
Councilor Committo expressed that while he was in favor of having the engineering completed, he believed a future broader discussion should happen to include other streets in similar situations. He added that he believed the roads should be categorized in different groups, and the council needs to determine, in writing, what should be done to fix the roads going forward.
After further discussion, the council was in agreement to return in the near future for fuller discussion and possible votes on all of the roads in similar situations.
G. Councilor Paull - Discussion and possible vote to purchase 6 new Automated External Defibrillators (AED) to replace 5 current units and to have a spare
Councilor Paull explained the 6 units would replace all of the recreation units, the town hall unit and allow for a spare.
Councilor Committo motioned to direct the Chief to price out and purchase 6 new defibrillators, not to exceed $6,000.00, with funds from municipal capital (Fund 640). Seconded by Councilor Paull, the motion passed unanimously.
H. Councilor Janick - Discussion and possible vote to extend the Zoning Revision Committee's end date to December 31, 2026
Councilor Janick explained the zoning revision subcommittee was put together a few years ago initially to ensure that our zoning ordinances were in line with what the new state changes. She stated it was soon clear that as many ordinances had not been reviewed for almost two decades, much more work would be necessary.
Councilor deMedeiros motioned to extend the Zoning Revision Committee's end date to December 31, 2026. Seconded by Councilor Perry, the motion passed unanimously.
I. Administrator Jones – Recommendation and potential vote to approve award of solar development at site of previous Tiverton Land Fill
Note: This vote was taken earlier in the meeting.
J. Administrator Jones – Discussion and possible vote to appoint Attorney Steven Antonucci, DeSisto Law as Interim Prosecution Solicitor
Councilor Burk motioned to appoint Attorney Steven Antonucci, DeSisto Law as Interim Prosecution Solicitor. Seconded by Councilor Perry, the motion passed unanimously.
K. Administrator Jones – Discussion and Approval of Legal Services Invoice of Attorney Lauren Jones related to Law Enforcement Officers Due Process, Accountability, and Transparency Act (RIGL § 42-28.6-1) hearing (Jacob Rapoza) in the amount of $22,920.84 representing the Town’s share from Acct# 100-2813
Administrator Jones explained that changes to the Liobald rules, a three police officer panel increased to five with three police officers, a judge and an attorney. Under the law, the board in and of itself can hire their own legal counsel, with the town and the accused officer or union, responsible for half the bill.
Councilor deMedeiros motioned to pay the bill from the account as listed. Seconded by Councilor Burk, the motion passed unanimously.
L. Acknowledgement of Invitation for Joint Budget Workshop with School Committee and Budget Committee on January 13, 2026, per Charter Provision Section 301 (b)(1)
M. Announcement related to Meeting with Tiverton’s General Assembly Delegation regarding 2026 Legislative Priorities
11. SECOND EXECUTIVE SESSION
A. Administrator Jones – RIGL § 42-46-5(a)(1) - Discussions of Job Performance, Character, or Physical or Mental Health of a Person or Persons Provided that Such Person or Persons Affected May Require the Discussion Be Held in Open Session – Planner Candidate Christopher Spencer – Notice given
B. Solicitor Marcello - RIGL § 42-46-5(a)(2) - General update on all pending litigation
C. Solicitor Marcello - RIGL 42-46-5(a)(2) - David McGovern et al. v. William Bailey III et al., USDC-RI 1;24-cv-00100-MSM-LDA; litigation update
D. Solicitor Marcello – RIGL § 42-46-5(a)(2) Litigation: Discussion and update on Department of Business Regulation decision regarding appeal by L & T, LLC d/b/a Sakonnet Liquors v. Tiverton Town Council and East Horizon, Inc. d/b/a Hot Shot Liquors (DBR No: 25LQ006) and next steps
Councilor Edwards V motioned to enter into Executive Session for agenda items 11-A, 11-B, 11-C, and 11-D. Seconded by Councilor Paull, the motion passed unanimously.
The Council entered a closed executive session at approximately 8:58 p.m.
The Council returned to open session at approximately 9:58 p.m.
Councilor Paull motioned to seal the minutes of Executive Session. Councilor Perry seconded the motion. The motion passed unanimously.
Solicitor Marcello reported on items 11-A and 11-B; no votes were taken. For items 11-C and 11-D, votes were 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.
12. GENERAL BUSINESS (continued)
N. Administrator Jones – Discussion and possible vote to ratify the three-year employment contract for Christopher Spencer as Town Planner
Councilor Paull motioned to ratify the three-year employment for Christopher Spencer as Town Planner. Councilor Burk seconded the motion. The motion unanimously passed.
13. ADJOURNMENT
Councilor Paull motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion unanimously passed. The meeting adjourned at 6:59 p.m.
A True Copy.
ATTEST______________________________________
Jean Marie Veegh, Deputy Town Clerk