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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, April 8, 2024, at 7:00 PM at the Tiverton High School Auditorium, 100 N. Brayton Road
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Council President deMedeiros 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 | John G. Edwards V |
| David J. Paull | Deborah G. Janick | |
Absent
Dennis J. Milbourne
Jay P. Edwards
Administrator Cotta, Solicitor Marcello, Clerk Chabot, and Deputy Clerk Veegh were also present.
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. March 25, 2024 – Regular Meeting (Councilor Milbourne abstains, absent)
2. March 25, 2024 - Executive Session (Councilor Milbourne abstains, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Zoning Board of Review – (2)
2. Economic Development Commission – (2)
3. Historical Cemeteries – (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – March 2024
2. Town Administrator – Police and Fire Department Overtime Reports – March 2024
D. Acknowledge Receipt of Correspondence
1. Letter from Geoffrey McNally re: proposed ordinance that will amend Section 54-32
2. Letter from Dennis Zambrotta re: proposed ordinance that will amend Section 54-32
3. Letter from Kenny Mendez re: proposed ordinance restricting fishing
4. Town of Hopkinton – Resolution supporting S2016 – Relating to Towns and Cities – Low and
Moderate Income Housing
5. Town of Hopkinton – Resolution opposing HB 7324 - Relating to Towns and Cities – Zoning
Ordinances
6. Town of Hopkinton – Resolution opposing HB 7382 - Relating to Towns and Cities – Zoning
Ordinances
7. Town of Hopkinton – Resolution opposing HB 7986 - Relating to Property – Abandoned Property
8. Town of Hopkinton – Resolution opposing HB 7951 - Relating to Towns and Cities – RI
Comprehensive Planning and Land Use Act
9. Town of Hopkinton – Resolution opposing HB 7978 – Relating to Subdivision of Land
10. Town of Hopkinton – Resolution opposing HB 7958 – Relating to Towns and Cities – Multifamily
Housing Act
11. Town of Hopkinton – Resolution pledging to Keep Rhody Litter Free
12. Town of Burrillville – Resolution opposing HB 7763 and SB 2679 Relating to Public Records - Access
to Public Records Act
13. Town of Richmond – Resolution regarding Education Funding Formula
14. Town of Richmond – Resolution opposing any revival of The Old Saybrook to Kenyon Bypass
15. Letter from Denise Paniches re: Council resolutions in support of Suicide Prevention Barriers on
bridges over Narragansett Bay
E. Approval of Tax Assessor Abatements – $10,261.47
Councilor Edwards V removed item D-4
Councilor Janick removed items D-6, D-13 and D-15
Councilor Edwards V motioned to approve the Consent Agenda except for items D-4, D-6, D-13 and D-15. Seconded by Councilor Janick, the motion passed unanimously.
Re: D-4, Councilor Edwards V queried where many of the Zoning ordinances were originating from. He wanted to ensure the town was not missing opportunities to support or oppose legislation at the state level, especially when it came to zoning. President deMedeiros replied that she could have the solicitor review some of them to see if they could be of benefit.
Re: D-6, Councilor Janick suggested the Council also oppose HB 7382, as she understood it could be detrimental to affordable housing. It would be placed on the next meeting agenda for a vote.
Re: D-13 and D-15, Councilor Janick suggested each item be supported by the town. It would be placed on the next meeting agenda for a vote.
Councilor Edwards V motioned to approve the Consent Agenda items D-4, D-6, D-13 and D-15. Seconded by Councilor Janick, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Resident Jamie French spoke regarding her concerns with the deteriorating and failing concrete water pipes in North Tiverton. She thought artesian water was breaking through roads that could potentially cause sinkholes. She believed attention to this infrastructure was critical.
Councilor Edwards V motioned to move forward Items 7-A and 7-B. Seconded by Councilor Paull, the motion passed unanimously.
7. BOARD OF LICENSING – Discussion and possible votes
A. Michael J. Roderick, 264 Bulgarmarsh Road – Requesting Special Event Permit for the Annual
“Courtney Roderick Run for Recovery” 5K Run/Walk Event - July 20, 2024, from 8-11 AM - Start and
finish at 1800 Main Road
Councilor Burk motioned to approve the requested Special Event Permit, subject to meeting all legal requirements. Seconded by Councilor Paull, the motion passed unanimously.
B. Ted Biszko – Requesting Special Event Permit for Tiverton 4 Corners 4th of July Antiques Show – July 4,
2024, from 9:00 – 4:00 PM at The Meeting House, 28 East Road (cont. from 3/25/24)
Councilor Edwards V motioned to approve the Special Event Permit for Tiverton 4 Corners 4th of July Antiques Show – July 4, 2024, from 9:00 – 4:00 PM. Seconded by Councilor Janick, the motion passed unanimously.
6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 54 PARKS AND RECREATION, ARTICLE II – RECREATION AND OPEN SPACE AREAS. This proposed ordinance will amend Section 54-32 Additional rules for recreational areas. The amendments would prohibit fishing at Fogland and Grinnell’s Beach except in designated areas and prohibit any fishing on the Stone Bridge walkway and abutment at all times. The ordinance also establishes fines for violations for fishing in non-designated areas.
B. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 78 TRAFFIC AND
VEHICLES, ARTICLE III – Stopping, Standing and Parking. This proposed ordinance will amend Section 78-
72 which will prohibit parking from May 1 to October 1 (formerly from June 1) on certain streets and
further clarifies the area of no parking from the intersection of Fogland Road and Puncatest Neck Road
to the shore as previously stated to be from Peckham’s Farm to the shore.
C. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 78 TRAFFIC AND
VEHICLES, ARTICLE III – Stopping, Standing and Parking. The proposed new ordinance would establish
the regulation of vehicle beach parking at Grinnell’s and Fogland Beaches and require parking fees or
passes from May 1 to October 1, and provides for the enforcement of parking restrictions, including
recreational vehicles at Fogland Beach. The ordinance also prohibits parking at any town beach from 10
pm to 7 am and sets fines for the violation of the parking restrictions.
Regarding all three items, Council President deMedeiros prefaced that the proposed ordinances were only “a baseline,” subject to modification after discussion and input, and did not expect a vote at this meeting.
Councilor Paull offered that he did not want to see fishing restrictions, but acknowledged that parking was an issue as well as enforcement and safety issues. He noted on a recent visit that he saw there were close to 40 Massachusetts license plates. He clarified that parking restrictions would not be intended to disenfranchise
out-of-state residents, but as a way to handle overcrowding and allow more opportunity for Tiverton residents.
President deMedeiros noted the draft ordinances did not affect parking at Fogland.
Councilor Janick commented that we have beautiful beaches, but many are not respectful, by leaving behind trash and debris.
President deMedeiros opened the public hearing.
At least 10 persons signed up to speak over the proposed ordinance changes, the majority being fishermen. A few identified themselves as members of the Rhode Island Saltwater Anglers Association and the Aquidneck Island Striper Team.
The major concern voiced was the potential for heavy-handed restrictions preventing people from accessing the water to fish for enjoyment, as well as for food.
Some also took issue with claims about the generalization that fishermen contribute to issues like unruliness and litter, arguing that most fishermen are typically good stewards of nature. Also mentioned was the concern that restricting areas would result in increasing pressure on other overcrowded fishing areas. At least one speaker alleged the real problem was the enforcement of current law, noting that littering, open containers and open burning were finable offenses. Most agreed that compromise and thoughtful crafting of the ordinances was key.
It should be noted that several letters of concern had been received in advance of the meeting, warning of the negative consequences of restricting fishing as well as the violation of civil liberties.
The Councilors expressed appreciation for the public input and decided to continue to craft the proposals.
President deMedeiros continued the hearing on the three proposed ordinances to the next meeting on April 24, 2024.
8. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. Peter Bramante from Planning Board, effective 3/4/2024
Councilor Janick motioned to accept the resignation of Peter Bramante with sincere thanks and regret. Seconded by Councilor Edwards V, the motion passed unanimously.
9. GENERAL BUSINESS
A. DPW Director Rogers - Discussion and possible vote to approve participation in RIDOT Municipal Road
& Bridge Program (MRBP) FY25
Director Rogers noted that a vote was unnecessary, giving an update only. He noted that there were sufficient available funds to participate in the program, which was contingent upon the Rhode Island General Assembly's passage of the governor's proposed budget, allocating $5 million. Tiverton’s reimbursement would be $128,205 for applicable and approved projects. He stated that the program was similar to the RIDOT MRBP FY24-FY26 program, on a smaller scale.
B. DPW Director Rogers – Approval of budget transfer
1. $50,000.00 from Acct# 5540-6451 Snow Removal to Acct# 5540-6794 Paving-Drainage
Councilor Edwards V motioned to approve the $50,000.00 transfer from Acct# 5540-6451 Snow Removal to Acct# 5540-6794 Paving-Drainage, as requested by the Director. Seconded by Councilor Burk, the motion passed unanimously.
C. Councilor Edwards V – Discussion and possible vote to support resolution opposing H 7983 Creating
the Office of State Building Commissioner
Councilor Edwards V motioned to vote in favor of the resolution and have it distributed to other municipalities and our state delegation. Seconded by Councilor Paull, the motion passed unanimously.
D. Police Chief Jones – Discussion and possible vote concerning partnership with Police Department and
CODAC
Chief Jones was unavailable, therefore, the item was tabled to the next meeting.
E. Administrator Cotta - Discussion and possible vote on National Small Business Week 2024
Proclamation
Councilor Edwards V motioned to approve and adopt the Proclamation as it is before us. Seconded by Councilor Janick, the motion passed unanimously.
F. Council President deMedeiros – Discussion on scheduling additional dates for Budget Review sessions
It was decided to schedule a Budget Review meeting on April 20, 2024.
10. ANNOUNCEMENTS
A. Administrator Cotta – Cleanup events
The Administrator announced that on April 11, 2024, from 10 am to 5 pm, Save the Bay, Open Space, and Recreation were meeting to work on the repair of dunes damaged by winter storms by planting grass seedlings at Fogland Beach. Volunteers were welcome and the rain date was April 12. He added that on April 22, 2024, Bally’s staff had volunteered to clean up the Grinnell’s Beach and abutment areas. On May 4, 2024, between 10 am and 12 pm, Save the Bay will be working on cleaning up the Nanaquaket Bridge area.
He also announced that the Assessor notified him that assessment notices would be mailed out on April 17. He warned against applying the current tax rate to the valuations as he expected significant adjustments to that rate.
11. EXECUTIVE SESSION
A. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IAFF Local 1703
Negotiations
B. Asst Town Solicitor Romano – R.I.G.L. 42-46-5(a)(2) Town of Tiverton v. Longplex and Tiverton Zoning
Board of Appeals (NC-2023-0036); Litigation Update
C. Asst Town Solicitor Romano – RIGL 42-46-5(a)(2) Litigation: Highland Ridge Farm, LLC v. Town of
Tiverton, et al. (NC 2023-0260) update
Councilor Edwards V motioned to enter Executive Session for agenda items 11-A, B, and C. Councilor Burk seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 8:35 p.m.
Council returned to open session at approximately 9:12 p.m.
Councilor Burk motioned to seal the minutes of the Executive Session. Councilor Janick seconded the motion. The motion passed unanimously.
Solicitor Marcello reported that items 11A and 11C discussion only, and no votes were taken. For item 11B, a vote was taken to pursue legal remedy.
12. ADJOURNMENT
Councilor Burk motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 9:13 p.m.
A True Copy.
ATTEST________________________________
Joan B. Chabot, Town Clerk