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 24, 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

President Denise M. deMedeiros	Vice President Michael S. Burk	Joseph C. Perry
Deborah G. Janick	John G. Edwards V	Jay P. Edwards

Absent

Dennis J. Milbourne

Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present. Administrator Cotta was absent.

 

BUSINESS BROUGHT BEFORE THE COUNCIL

President Denise M. deMedeiros 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. July 10 – Regular Meeting (Councilor deMedeiros abstains, absent)
     2. July 10 – Executive Session (Councilor deMedeiros abstains, absent)

    

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Board of Canvassers (1)
     2. Economic Development Commission (1)

 

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – June 2023 Year End Summary

 

Councilor Burk motioned to approve the Consent Agenda. Seconded by Councilor Edwards V, the motion passed unanimously.

 

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

                Comments: None.

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgement of resignation:

                      1. Lisa Carr not seeking reappointment to Economic Development Commission, term ending

                          7/15/2023

                      2. Deb Hagen not seeking reappointment to Harbor & Coastal Water Commission, term ending

                           7/15/2023

                      3. Christine Shea not seeking reappointment to Planning Board, term ending 7/15/2023

 

Councilor Edwards V motioned to thank Lisa Carr, Deb Hagen, and Christine Shea for their service. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Harbor and Coastal Waters - (9) Member Board (2) Year Terms (4) Vacancies

     1. David E. Stewart, 593 Highland Road – Requests re-appointment, term ending 7/15/2025

     2. Jean Pierre Mouligne, 10 Bowen Avenue - Requests appointment, term ending 7/15/2025

 

Councilor Edwards V motioned to waive police and proceed to appointments. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards V motioned to reappoint David E. Stewart and to appoint Jean Pierre Mouligne to the Harbor and Coastal Waters Commission, with the term ending 7/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

 

C. Zoning Board of Review - (7) Member Board (5) Year Terms (3) Vacancies

    1. Jennifer Hilton, 128 Church Pond Drive 180 April Lane – Request re-appointment, term ending

        7/15/2028

 

Councilor Edwards V motioned to waive police and proceed to the appointment. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Edwards V motioned to appoint Jennifer Hilton to the Zoning Board of Review as a full member, with the term ending 7/15/2028. Seconded by Councilor Janick, the motion passed unanimously.

 

D. Open Space and Land Preservation - (9) Member Board (3) Year Terms (1) Vacancy

     1. John Nery, 3 Springer Avenue – Request re-appointment, term ending 4/15/2026

 

Councilor Edwards V motioned to waive police and proceed to appointments. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards V motioned to appoint John Nery to the Open Space and Land Preservation Commission, with the term ending 4/15/2026. Seconded by Councilor Edwards, the motion passed unanimously.

 

E. Economic Development Commission - (5) Member Board (4) Year Terms (2) Vacancies

     1. Martin Van Hof, 170 Bulgarmarsh Road – Request re-appointment, term ending 7/15/2027

 

Councilor Edwards V motioned to waive police and proceed to the appointment. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Edwards V motioned to appoint Martin Van Hof to the Economic Development Commission, with the term ending 7/15/2027. Seconded by Councilor Janick, the motion passed unanimously.

 

F. Planning Board - (9) Member Board (3) Year Terms (4) Vacancies

     1. William P. Gerlach, 506 King Road – Requests appointment, term ending 7/15/2024 or 7/15/2026

 

Since Mr. Gerlach was unavailable to attend the meeting, this item was continued to the next council meeting.

 

                G. Town Farm Renovation Committee - (9) Member Board (2) Vacancies

     1. Maureen Morrow, 47 Peaceful Way – Requests appointment, term ending 12/31/2023

 

Councilor Burk motioned to waive police and proceed to appointments. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Councilor Burk motioned to appoint Maureen Morrow to the Town Farm Renovation Committee for a term ending 12/31/2023. Seconded by Councilor Edwards V, the motion passed unanimously.

 

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

                A. Approval of the proposed amendment to Tiverton Code of Ordinances – Chapter 78 Sections 78- 71 &

                    78-112 regarding portions of Bay Street, Canonicus Street, Hooper Street, and Judson Street to allow

                    resident parking via a residential sticker issued by the police department

 

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

 

Councilor Janick motioned to approve the proposed amendment Tiverton Code of Ordinances – Chapter 78 Sections 78- 71 & 78-112 regarding portions of Bay Street, Canonicus Street, Hooper Street, and Judson Street to allow resident parking via a residential sticker issued by the police department, at no cost. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                B. Approval of the proposed amendment to Tiverton Code of Ordinances – ARTICLE IV Section 9 Service

                     Business (including Tiverton Form-Based Code), of the Tiverton Zoning Code and deleting
                     crematorium as a permitted use in all zones within the Town of Tiverton

                      1. Planning Board recommendation

 

President deMedeiros read the accompanying Planning Board recommendation that found the proposed amendments were consistent with the Comprehensive Plan and recommended the council investigate alternatives to allow crematoriums in limited areas under careful restrictions the guaranteed public health and safety.

 

Councilor Edwards stated he would not consider any alternative unless crematoriums have elaborate emission scrubbing systems prevent airborne pollutants, especially mercury.  Councilor Janick and Vice President Burk agreed.

 

President deMedeiros noted that the proposed ordinance would not affect a crematorium in town that is currently not operating, nor would if affect a currently pending crematorium application.

 

President deMedeiros opened the public hearing.

 

Robert Bishop commented briefly, mentioning serious environmental issues related to mercury contaminated water shed no matter the location. He distributed an EPA article as backup.

 

Jamie French expressed her hope that the town would not permit any additional crematoriums anywhere in town. She was also concerned with invisible emissions as well as water shed contamination.

 

Nancy Driggs asked for a simple clarification on the current crematorium application.  

 

The public hearing was closed.

 

Councilor Burk motioned to approve the proposed amendment to Tiverton Code of Ordinances – ARTICLE IV Section 9 Service Business (including Tiverton Form-Based Code), of the Tiverton Zoning Code and deleting crematorium as a permitted use in all zones within the Town of Tiverton. Seconded by Councilor Janick, the motion passed unanimously.

 

8. GENERAL BUSINESS

Councilor Edwards V motioned to add item G. pursuant to RIGL 42-46-6(b) regarding this past weekend's Road Race sponsored by the Courtney Roderick Run for Recovery Foundation for discussion only. Councilor Janick seconded the motion. The motion passed unanimously.

 

A. Council President deMedeiros - Letter from Kevin J. McAllister and Denise Paulson-McAllister
     regarding proposal to address yard waste disposal services and associated costs - for discussion only

 

Resident Kevin J. McAllister addressed the council with his concerns over what he described as the Town’s lack of planning and preparation relating to yard waste disposal since the closure of the landfill. He believed this caused financial and quality-of-life costs to residents. He voiced disappointment that his request for a short policy meeting with the Administrator had been turned down. He suggested an ordinance be considered to reimburse residents and taxpayers for related out-of-pocket expenses that citizens were already being taxed for.

                                                                                                                                                                                           

Council President deMedeiros refuted Mr. McAllister’s interpretation of how the yard waste situation had developed and reiterated that the failed Industrial Park sale, as well as continued RIDEM delays, were contributing factors. She thanked Mr. McAllister for his opinion, noted that the item was for discussion only, and stated councilors could add the subject to a future meeting for further action.    

 

B. Councilor Burk – Letter from Allyn Meyers regarding recent Board of Canvassers appointment –
                    for discussion only

 

Council Vice President Burk, addressed a recent email sent to Council by Mr. Meyers, which alleged impropriety and disregard for state law as well as the Town Charter, in the recent Council appointment of Democratic nominee Andrea Sousa to replace Republican Robert Harris. Mr. Harris had resigned prior to the end of his term, set to expire on October 15, 2023. Councilor Burk referred to the allegation as a personal attack with blatant falsehoods, noting that RIGL Section 17-8-1 as well as the Charter gave Council authority to replace the seat, with either a Democrat or Republican member, provided the board remained bi-partisan.  

 

Council President deMedeiros added that Ms. Souza had been on the Board as an alternative for many years, had great experience, even jumping in when there wasn't a quorum to make major decisions. She stated she was the best choice because of her twelve years of experience.

 

Council President deMedeiros stepped away from the meeting.

 

C. DPW Director Rogers - Discussion and possible vote to approve funds to advertise bid for Fort Barton
     Tree Work

 

Councilor Edwards V motioned to approve funds to advertise the bid for Fort Barton Tree Work. Seconded by Councilor Perry, the motion passed unanimously.

 

D. DPW Director Rogers - Discussion and possible vote to approve funds to advertise bid for Roadside
     Mowing

 

Councilor Edwards V motioned to approve funds to advertise the bid for Roadside Mowing. Seconded by Councilor Edwards, the motion passed unanimously.

 

Council President deMedeiros returned to the meeting.

 

                E. Councilor Burk – Discussion and possible vote regarding an ordinance or policy for consideration of

     temporary and permanent displays on public property and approve funds for advertisement

 

As the ordinance was not ready, it was decided to table the item for a future meeting.

 

Councilor Edwards V motioned to table this item for a future meeting. Seconded by Councilor Edwards, the motion passed unanimously.

 

F. Council President deMedeiros – Discussion and possible vote re: restricted fishing area, dinghy dock
                    access and possible ordinances

 

President deMedeiros opened discussion by relaying a recent impromptu visit she and Councilor Edwards made to Grinnell’s Beach where they found numerous persons taking up the walkway space with fishing activities outside of the designated area, as well as illegal consumption of alcohol, and excessive amounts of litter. She stated that no police nor newly hired auxiliary offers were present. She proposed Council consider creating a new ordinance that would impose fines on visitors ignoring town beach rules. She also recommended that beach regulation signage be posted in English, Portuguese, and Spanish. After a brief discussion, President deMedeiros noted she would bring forth a proposed ordinance at the next meeting.

 

                G. Discussion regarding the recent Road Race sponsored by the Courtney Roderick Run for Recovery

    Foundation

 

Councilor Edwards V briefed Council on the fact that a previously approved route had not been adhered to during the recent annual “Courtney Roderick Run for Recovery” 5K event, resulting in unauthorized and simultaneous road closures on both Main and Highland roads. He noted that if the event organizers are not going to adhere to approved plans, he would not be inclined to approve their future special event requests. Councilor Edwards suggested adding follow-up discussion item on meeting agenda’s after large annual special events.  President deMedeiros stated she would add this to the next agenda to discuss the issue with event organizers, prior to consideration of a fine.

Councilor Burk motioned to add item H for discussion on a confidential report regarding school safety and an update on the status of meeting with the School Committee. Councilor Perry seconded the motion. The motion passed unanimously.

 

H. Discussion on a confidential report regarding school safety and an update on the status of meeting with the School Committee

President deMedeiros expressed concern and disappointment after learning that Superintendent Sanchioni turned over a confidential school safety and security report to fire marshal Murphy prior to the council and administrator’s review. She noted that school officials had previously asked that the joint review take place in executive session with the report released just prior to the meeting and remain confidential afterwards. She and school committee chair Larkin had been working towards finding an agreeable meeting date, which would need to happen prior to the Phase 2 deadline of September 15. She considered the incident to be an insult to the Administrator and the council. She relayed that school committee chair Larkin stated the report was released without the authority of the school committee or their counsel. She noted that she had demanded the safety report to be released to the council immediately. After discussion, it was decided to schedule the joint meeting at the council’s regular meeting on August 28, 2023, at 6:00 PM.    

 

9. EXECUTIVE SESSION

A. Town Solicitor – RIGL 42-46-5(a)(2) - General update on all pending litigation

 

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

 

Council entered closed executive session at approximately 8:56 p.m.

Council returned to open session at approximately 9:15 p.m.

 

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

 

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

 

10. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 9:16 p.m.

 

A True Copy.

 

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk