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, July 10, 2023, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council Vice President Burk called the meeting to order with the pledge of allegiance to the flag.

3. ROLL CALL

Present

Vice President Michael S. Burk	Jay P. Edwards	Joseph C. Perry
Deborah G. Janick	John G. Edwards V	Dennis J. Milbourne

 

Absent
President Denise M. deMedeiros                                             

Solicitor Romano, Administrator Cotta and Clerk Chabot were also present.

 

BUSINESS BROUGHT BEFORE THE COUNCIL

Vice President Burk read the items on the Consent Agenda.

 

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. June 12 – Regular Meeting (Councilor deMedeiros abstains, absent)
     2. June 12 – Executive Session (Councilor deMedeiros abstains, absent)

     3. June 26 – Regular Meeting (Councilor Edwards V abstains, absent)

     4. June 26 – Executive Session (Councilor Edwards V abstains, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Zoning Board of Review (3)

     2. Zoning Board of Appeals (1)

     3. Historic Preservation Advisory Board (2)

     

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – June 2023

     2. Town Administrator – Police and Fire Department Overtime Reports – June 2023

 

D. Acknowledge Receipt of Correspondence

     1. Coastal Resources Management Council meeting notice for July 18 at 6:00 PM regarding John

         Bowen & Patrick Bowen file number 2020-04-037

Councilor Janick removed items 4-D-1 from the Consent Agenda.

 

Councilor Perry motioned to approve Consent Agenda, except for item 4-D-1. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Re. 4-D-1, Councilor Janick wanted to make people aware that the CRMC meeting is not being held in Tiverton but in conference room A at the Administrative Building, One Capital Hill, Providence. If you wish to speak, you must appear in person. The meeting will be on Zoom for those who wish to view the meeting, but not speak. Written testimony is still being taken until July 18.

 

Councilor Janick motioned to approve Consent Agenda item 4-D-1. Seconded by Councilor Edwards V, the motion passed unanimously.

 

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

                A. Comments: Resident Jamie French presented documentation to the council regarding inconsistencies in the zoning code and North Tiverton density changes in the Comprehensive Community Plan, in support of her comments at the last council meeting.

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Zoning Revision Committee - (2) Public Members (2) Year Terms (2) Vacancies
                     1. Susan Anderson, 1137 Main Road - Requests appointment, term ending 5/7/2025

                     2. Jamie Robin French, 48 Craig Avenue - Requests appointment, term ending 5/7/2025

                     3. Cheryl Valentine, 58 N Christopher Avenue - Requests appointment, term ending 5/7/2025

 

Councilor Edwards V motioned to appoint Jamie Robin French to the Zoning Revision Committee, with term ending 5/7/2025. No second was made. The motion failed.

 

Councilor Edwards V motioned to appoint Cheryl Valentine to the Zoning Revision Committee, with term ending 5/7/2025. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Edwards motioned to appoint Susan Anderson to the Zoning Revision Committee, with term ending 5/7/2025. Seconded by Councilor Perry, the motion passed unanimously.

 

                B. Budget Committee - (7) Member Board (4) Year Terms (1) Vacancy
                     1. Brendan J. Andrade, 111 Ash Avenue – Requests appointment to 11/2/2026

Councilor Edwards motioned to table item 6-B indefinitely. Seconded by Councilor Perry, the motion passed

5-1, with Councilor Edwards V opposed.

 

                C. Recycling/Landfill Committee - (5) Member Board (3) Year Terms (4) Vacancies
                   Jean Pierre Mouligne, 10 Bowen Avenue - Requests appointment, term ending 4/1/2026

 

Councilor Edwards V motioned to waive policy and appoint Jean Pierre Mouligne to the Recycling/Landfill Committee with a term ending 4/1/2026. Seconded by Councilor Janick, the motion passed unanimously.

 

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

                A. Ann Marie Azevedo - Consideration of sound variance for a graduation party at 135 Lewis Street
                     on Saturday, July 22, 2023, from 3:00 pm to 10:00 pm, and request approval for a special
                    event permit

 

Vice President Burk opened the public hearing. No one presented to speak and the public hearing was closed.

 

Councilor Edwards V motioned to approve the sound variance and special event permit for the graduation party at 135 Lewis Street on Saturday, July 22, 2023, from 3:00 pm to 10:00 pm, subject to meeting all legal requirements. Seconded by Councilor Perry, the motion passed unanimously.

 

8. GENERAL BUSINESS

                A. Town Administrator – Discussion and possible vote to approve contract with Potter League For

     Animals to provide animal shelter services

 

Councilor Edwards V motioned to approve the contract with Potter League for Animals to provide animal shelter services as recommended by the Town Administrator. Seconded by Councilor Edwards, the motion passed unanimously.

 

B. Town Administrator – Update on onsite wastewater program and card distribution

 

Administrator Cotta updated the council on the current process being used for on-site wastewater management and some issues that have been identified. Tiverton Wastewater District (TWWD) used a firm called Carmody Systems which has an electronic database where the information they receive from the pumpers is tracked. The town has been working with Carmody and reviewing data for compliance. Notices have not been sent out in three years. We will be sending out @ 1500-2000 postcard notices in the next couple of weeks to the highly susceptible areas, around watershed areas and those with cesspools, regarding pumping requirements.

Council asked questions regarding funding, enforcement, and Phase Two sewer projects. Funding for the Carmody Systems maintenance agreement and the cost of postcards/mailings were included in the FY24 Budget. The focus is on making the public aware and encouraging compliance. Phase two needs to be confirmed with TWWD as funding for that phase may not be secured as yet.

 

9. ANNOUNCEMENTS

                A. Council President – Eagle Court of Honor to be held on July 18, 2023, at 7:00 PM at the Little Compton

                   Game Club to recognize Scouts who have attained the rank of Eagle Scout:

Joshua Grant Wood

Alexander Nimiroski

Benjamin Curtis

Finnley B. Cook-Dumas

 

Vice President Burk announced that President deMedeiros would be attending. Clerk Chabot showed the council the certificates that would be presented by the Council President, and noted that all four Eagle Scouts live in Tiverton, Alex Nimiroski came before the council with his request to install medallions on town-maintained roads’ storm drains for his Eagle Scout project, and Finnley B. Cook-Dumas is former Councilor Cook’s grandson.

 

10. EXECUTIVE SESSION

A. Town Administrator – RIGL 42-46-5(a)(5) discussion related to the sale of publicly held property in the

     Tiverton Industrial Park and related to a prospective business located in the state/town where an

     open meeting would be detrimental effect on the interests of the public.

 

B. Town Administrator – RIGL 42-46-5(a)(4) Any investigative proceeding regarding allegations of

     misconduct, either civil or criminal

 

C. Solicitor Marcello – RIGL 42-46-5(a)(2) Litigation: Potential litigation regarding West Place Animal

     Sanctuary related to past services

 

D. Solicitor Marcello – RIGL-42-46-5(a)(2) Litigation:  Highland Ridge Farm v. Town of Tiverton

    (NC 2023-0221) update

 

Councilor Perry motioned to enter Executive Session for agenda items 10-A thru 10-D. Councilor Edwards V seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 7:38 p.m.

Council returned to open session at approximately 8:28 p.m.

 

Councilor Edwards V motioned to seal the minutes of the Executive Sessions. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Vice President Burk reported no votes were taken in Executive Session, discussion only.

 

11. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 8:29 p.m.

 

A True Copy.

 

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk