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 Wednesday, April 24, 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	Jay P. Edwards

 

Absent
Dennis J. Milbourne

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

 

 

***CONSIDERATION AND VOTE ON THE FOLLOWING PROCLAMATION***

DONATE LIFE MONTH APRIL 2024

 

President Denise M. deMedeiros read aloud the proclamation.

 

Resident Eugene Raposa spoke about the Donate Life America organization that leads National Donate Life Month, an observance focusing national attention on the need and importance of organ, eye and tissue donation. He relayed the personal experiences of his daughter Michelle, a recipient of a donor's kidney in 2006, and his daughter Bethanie, a kidney donor for a good friend in 2018. He noted a fundraiser was being held on May 4, 2024, to support his two daughters who will be competing in the upcoming Transplant Games of America in Brimingham, AL.  

 

Councilor Edwards V motioned to approve the Proclamation and direct President deMedeiros to sign it. Seconded by Councilor Burk, the motion passed unanimously.

 

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. April 1, 2024 – Special Joint Meeting (Councilors Edwards abstains, absent)
     2. April 1, 2024 – Executive Session (Councilors Edwards abstains, absent)

     3. April 8, 2024 – Regular Meeting (Councilors Edwards, Milbourne abstain, absent)

     4. April 8, 2024 - Executive Session (Councilors Edwards, Milbourne abstain, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
   1. Planning Board – (2)
   2. Economic Development Commission – (1)
   3. Historic Preservation Advisory – (1)
   4. Litter Control Committee – (1)

   5. Board of Canvassers – (1)

 

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – March 2024 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence
     1. Town of Portsmouth - Resolution endorsing the 2023 Ride Island Bike Plan as a guiding document
         in the planning of transportation-related infrastructure for Portsmouth

     2. Town of Burrillville – Resolution supporting S2016 – Relating to Towns and Cities – Low and

           Moderate Income Housing

     3. Town of Burrillville – Resolution opposing HB 7978 – Relating to Subdivision of Land

     4. Town of Burrillville – Resolution opposing HB 7324 - Relating to Towns and Cities – Zoning

          Ordinances

     5. Town of Burrillville - Resolution opposing SB 2632 and HB 7958, HB 7951, HB 7980, HB 7981, and

         HB 7986 - Relating to Subdivision of Land – Relating to Housing and Land Use

     6. Town of Burrillville – Resolution opposing HB 7382 - Relating to Towns and Cities – Zoning

          Ordinances

     7. Town of Burrillville - Resolution supporting SB 2024-S2008 - Relating to Education – The Education
          Equity and Property Tax Relief Act

     8. Town of Burrillville - Resolution regarding Education Funding Formula

     9. Town of Westerly – Resolution in support of Safety Barriers on bridges over Narragansett Bay

    10. Letter from Paul G. Clifford re: new fishing regulations

 

Councilor Edwards V removed item C-1
 
Councilor Edwards V motioned to approve the Consent Agenda except for items C-1. Seconded by Councilor Janick, the motion passed unanimously.

Re: C-1, Councilor Edwards V asked a general question related to school housing aid as it relates to bond debt. 

Councilor Edwards V motioned to approve the Consent Agenda items C-1. Seconded by Councilor Edwards, the motion passed unanimously.

5. PUBLIC PRESENTATION

              A. Josianne Araujo, Hague, Sahady & Co. P.C. – Presentation of Audit Report 6/30/2023

 

Josianne Araujo with Hague, Sahady & Co., gave the Annual Financial Report presentation that included reviews of the Independent Auditor's Reports, the Single Audit Report, the Uniform Guidance Report, and the Tiverton School District UCOA Report. The Town received a clean audit report opinion free of material weaknesses and significant deficiencies.  She acknowledged the statements had been late, citing school department software issues. Financial highlights were given of expenditures by class, pension obligations, liabilities, OPEB, general fund balances, and the basic financial status of the Town. She also reviewed school department budgetary highlights, including current total fund balances.

 

Vice President Burk motioned to formally accept the Audit Report 6/30/2023. Seconded by Councilor Edwards V, the motion passed unanimously.

 

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

Resident Jamie French commented on the revitalization of North Tiverton, stating that happy residents result in economic revitalization. She recounted that when previously living in another community, she observed local small businesses enjoying economic success within three to five years after the installation of nearby children’s playgrounds, recreation areas, and multi-use paths. She furthered that no town monies were used, instead grants and volunteers supported the initiatives.     

 

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

                A. Ted Mocarski - Consideration of sound variance for a wedding at 488 Neck Road on Saturday, June 22,
                    2024, from 3:00 pm to 11:30 pm, and request approval of a special event permit

 

Vice President Burk motioned to approve the sound variance and special event permit for a wedding at 488 Neck Road on Saturday, June 22, 2024, from 3:00 pm to 11:30 pm, subject to meeting all legal requirements. Seconded by Councilor Edwards V, the motion passed unanimously.

 

B. 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 (cont. from 4/8/24) – CONTINUED TO MAY 28, 2024

 

Councilor Edwards V motioned to continue items 7-B and 7-D to May 28, 2024. Seconded by Councilor Edwards, the motion passed unanimously.

                C. 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 (cont. from 4/8/24)

 

President deMedeiros opened the public hearing.

Resident Jamie French expressed concerns about limiting parking areas for those who want to fish. She stated the boat ramp would be unusable for those needing to drive, questioning parking options for those with vehicles.

The public hearing was closed.

Councilor Edwards V motioned to approve the amendment to Tiverton Code of Ordinances Chapter 78 TRAFFIC AND VEHICLES, ARTICLE III Stopping, Standing and Parking as presented. Seconded by Councilor Paull, the motion passed unanimously.

 

                D. 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 (cont. from 4/8/24)

                    – CONTINUED TO MAY 28, 2024

 

8. BOARD OF LICENSING – Discussion and possible votes

                A. Charles Mulcahy, 65 Beech Avenue, Tiverton – Requesting Approval of Private Detective license
                    renewal

 

Councilor Edwards V motioned to approve the Private Detective license renewal for Charles Mulcahy, 65 Beech Avenue. Seconded by Councilor Janick, the motion passed unanimously.

 

9. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Cemetery Commission - (5) Member Board (3) Year Terms (2) Vacancies

                      1. Maureen Sylvia, 772 Stafford Road - Requests re-appointment, term ending 4/15/2027
                      2. Dana Coute, 3 Whitetail Lane - Requests re-appointment, term ending 4/15/2027

 

Maureen Sylvia and Dana Coute were interviewed by the Council.

 

Vice President Burk motioned to re-appoint Maureen Sylvia, 772 Stafford Road, and Dana Coute, 3 Whitetail Lane to the Cemetery Commission for terms ending 4/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                B. Historical Cemeteries Commission - (5) Member Board (3) Year Terms (2) Vacancies

                      1. Susan Anderson, 1137 Main Road - Requests re-appointment, term ending 4/15/2027
                      2. Jim Spears, 494 West Demello Drive - Requests re-appointment, term ending 4/15/2027

 

Susan Anderson and Jim Spears were interviewed by the Council.

 

Councilor Edwards motioned to re-appoint Susan Anderson, 1137 Main Road, and Jim Spears, 494 West Demello Drive to the Historical Cemetery Commission for terms ending 4/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

                C. Open Space and Land Preservation Commission - (9) Member Board (3) Year Terms (3) Vacancies

                      1. Martin Van Hof - Requests re-appointment, term ending 4/15/2027

Martin Van Hof was interviewed by the Council.

 

Vice President Burk motioned to re-appoint Martin Van Hof to the Open Space and Land Preservation Commission for a term ending 4/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                D. Conservation Commission - (7) Member Board (3) Year Terms (4) Vacancies

                      1. Tom Molinski, 122 Thomas Street - Requests re-appointment, term ending 4/15/2027

 

Tom Molinski was unable to make the meeting for an interview.

 

Councilor Edwards V motioned to re-appoint Tom Molinski to the Conservation Commission for a term ending 4/15/2027. Seconded by Councilor Edwards, the motion passed unanimously.

 

                E. Recreation Commission - (7) Member Board (3) Year Terms (2) Vacancies

                      1. Gary Monahan, 67 Tanglewood Drive - Requests re-appointment, term ending 4/15/2027

 

Gary Monahan was interviewed by the Council.

 

Councilor Edwards motioned to re-appoint Gary Monahan, 67 Tanglewood Drive to the Recreation Commission for a term ending 4/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

                F. Library Board of Trustees - (7) Member Board (3) Year Terms (1) Vacancy

                      1. Amy Lewis King, 73 Watermark Drive - Requests appointment, term ending 10/15/2025

 

Amy Lewis King was interviewed by the Council.

 

Councilor Edwards V motioned to waive policy and appoint Amy Lewis King, 73 Watermark Drive to the Library Board of Trustees, for a term ending 10/15/2025. Seconded by Councilor Burk, the motion passed unanimously.

 

                G. Zoning Board of Review – 2nd Alternate – Annual Appointment

                     1. Marlen Oliva, 15 Jiley Hill Drive - Requests appointment, term ending 7/15/2024

 

Marlen Oliva was interviewed by the Council.

 

Councilor Edwards V motioned to waive policy and appoint Marlen Oliva, 15 Jiley Hill Drive to the Zoning Board of Review as the 2nd Alternate, for a term ending 7/15/2024. Seconded by Councilor Janick, the motion passed unanimously.

 

                H. Dog Park Committee - (9) Member Board (3) Year Terms (9) Vacancies

                    (3 terms ending 4/15/2025, 3 terms ending 4/15/2026, and 3 terms ending 4/15/2027)

                      1. Melissa Quinlan, 25 Garden Avenue - Requests appointment

                      2. Bob Sutherland, 199 Furey Avenue - Requests appointment
                      3. Kenneth M. Carlisle, 55 Margaret Street - Requests appointment
                      4. Richard Segel, 97 Myrtle Way - Requests appointment
                      5. Steven Lopes, 400 Souza Road - Requests appointment
                     6. Joanna D. Krystman, 18 Olympia Avenue - Requests appointment
                      7. Shawn S. Cournoyer, 46 Joann Drive – Requests appointment

                      8. Paul Scott Anderson, 18 Olympia Avenue - Requests appointment

 

Councilor Burk motioned to appoint Melissa Quinlan, Joanna D. Krystman, and Paul Scott Anderson to the Dog Park Committee, for terms ending 4/15/2025. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Councilor Burk motioned to appoint Kenneth M. Carlisle and Shawn S. Cournoyer to the Dog Park Committee, for terms ending 4/15/2026. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Councilor Burk motioned to appoint Bob Sutherland, Richard Segel, and Steven Lopes to the Dog Park Committee, for terms ending 4/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                I. Planning Board - (9) Member Board (3) Year Terms (1) Vacancy              

                      1. Stephen Clarke, 31 Peaceful Way - Requests appointment, term ending 7/15/2025
                      2. Adam Rapoza, 31 Carpenter Street - Requests appointment, term ending 7/15/2025

 

Both candidates were interviewed by Council. Appointment will be considered at the next council meeting on May 13, 2024.

 

10. GENERAL BUSINESS

A. Police Chief Jones – Discussion and possible vote concerning partnership with Police Department and

     CODAC Behavioral Healthcare

 

Chief Jones introduced Thomas Joyce, Director of Administration at CODAC Behavioral Healthcare. He explained the various benefits of the potential Police Department partnership with the non-profit organization to provide treatment, recovery, and prevention services to individuals and families within the town.

 

Councilor Burk motioned to support the partnership between the Tiverton Police Department and CODAC Behavioral Healthcare. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Councilor Burk motioned to move item 10-E forward. Seconded by Councilor Edwards V, the motion passed unanimously.

 

E. Vice President Burk – Discussion and possible vote regarding application for a federal grant to fund

    the proposed Mount Hope Bay Greenway bike path extension from Tiverton, RI to Fall River, MA

 

Marco Dirks of the Harbor Commission explained how the group had been exploring the possibilities of transforming the old railroad track that follows the shoreline from Fall River to the Sakonnet River Bridge, into a multi-use recreational path. He explained that much work, including a 2019 feasibility study, had already been accomplished under the leadership of Peter Moniz from Bike Tiverton. He added that in 2020, the Harbor Commission had voted to support placing the Mount Hope Bay Greenway, as the trail was known, on the State Transportation Improvement project list. He relayed that although the project did not make the list, a new commuter train station opening in Fall River, adjacent to the trail, would create tremendous recreational opportunities for multi-uses and coastal access. He explained that the Transportation Infrastructure Investment program has a new federal grant with state matching funds now available. Award amounts ranged from $100,000 to $15,000,000 for design and engineering as well as actual construction. The application deadline was June 17, 2024.  

 

Kathleen Gannon, Board Chair at Rhode Island Bicycle Coalition enthusiastically supported the Mount Hope Greenway project. She explained that part of her organization’s mission was to promote utility cycling in addition to recreational cycling. She stated that bike infrastructure is economic development and urged the Council to support it as well.    

 

Administrator Cotta lauded the project and efforts, but expressed great concern in exposing the town to potential cost over runs as well as liability due to significant environmental issues in a portion of the proposed areas. Instead, he suggested contacting the state and local state legislators to inquire about including the project in the upcoming Statewide Transportation plan.   

 

After discussion, it was agreed a town letter of support to the state would be the best approach. 

 

Councilor Burk motioned to direct the Town Administrator to provide a letter on our behalf to support the efforts to secure funding through the federal grant opportunity for the active Transportation Infrastructure Investment Program, provided that it's a Rail and Trail in Tiverton and done through the state transportation department and provided Fall River also agrees to go in on the grant. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Councilor Burk motioned to move item 10-F forward. Seconded by Councilor Edwards V, the motion passed unanimously.

 

F. Recreation Stu Gilfillen – Discussion and possible vote regarding temporary banner policy

 

Councilor Burk motioned to approve the banner policy with an amendment to read [No banner may

endorse drugs and/or alcohol, tobacco, or nightclubs] and agree to a one-year period to be reviewed in January 2025. Seconded by Councilor Edwards V, the motion passed unanimously.

 

B. Councilor Janick - Discussion and possible vote on Resolution 2024-0007 urging the members of the
                     General Assembly to lower the High-Cost Special Education categorical fund to three (3) times and
                     provide full funding in the future

 

Councilor Janick motioned to approve Resolution 2024-0007 urging the members of the General Assembly to lower the High-Cost Special Education categorical fund to three (3) times and provide full funding in the future. Seconded by Councilor Edwards V, the motion passed unanimously.

 

C. Councilor Janick - Discussion and possible vote on Resolution 2024-0008 opposing passage of House
                     Bill 2024-H 7382 and Senate Bill 2024-S 2635 and urges the Honorable General Assembly not enact
                     House Bill 2024-H 7382 or Senate Bill 2024-S 2635

 

Councilor Burk motioned to approve Resolution 2024-0008 opposing passage of House Bill 2024-H 7382 and Senate Bill 2024-S 2635. Seconded by Councilor Edwards, the motion passed unanimously.

 

D. Councilor Janick - Discussion and possible vote on Resolution 2024-0009 urging the Rhode Island
                     Senate and House Finance Committees and the Rhode Island General Assembly to support the
                     legislative efforts to immediately and once and for all install suicide prevention safety barriers on
                     Rhode Island’s bridges over Narragansett Bay

 

Councilor Janick motioned to approve Resolution 2024-0009 urging the Rhode Island
Senate and House Finance Committees and the Rhode Island General Assembly to support the
legislative efforts to immediately and once and for all install suicide prevention safety barriers on
Rhode Island’s bridges over Narragansett Bay. Seconded by Councilor Edwards V, the motion passed unanimously.

 

G. DPW Director Rogers – Discussion and possible vote to approve budget transfers:
                     1. $2,000.00 from Acct 5540-5101 DPW Maint Workers to Acct 5540-6652 Shop Equipment

     2. $6,500.00 from Acct 5540-5101 DPW Maint Workers to Acct 5540-6698 Sand, Salt Gravel

 

Councilor Edwards V motioned to approve the transfers as requested by the Director. Seconded by Councilor Burk, the motion passed unanimously.

 

H. Tax Assessor Robert – Update on Town Revaluation

Administrator Cotta noted there has been little response to the assessment letters, but he assumed residents were waiting to see what the tax rate will be.

 

I. Town Administrator – Update on Juneteenth Holiday

 

Administrator Cotta noted the Town will follow state law to adopt the Juneteenth holiday, more than likely closing the Town on that date.

 

J. Council President deMedeiros – Reminder April 27, 2024 Budget meeting for School Budget and

     Current lack of budget support documents as requested on March 28, 2024.

 

As the school department budget information had not been received, Council President deMedeiros canceled the April 27 date and rescheduled for May 4. She had since learned the school department could not make the May 4 date. Administrator Cotta mentioned he had submitted a recent APRA request for the additional financial information.

 

K. Council President deMedeiros – Discussion and possible vote regarding FY 25 Revenue Estimates

No discussion.

 

L. Council President deMedeiros – Discussion and possible vote regarding FY 25 Budget, including all

    Departments

No discussion.

 

11. EXECUTIVE SESSION

                A. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IBPO #406 negotiations

 

                B. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IAFF Local 1703

     negotiations

 

                C. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on Teamsters Local 251

     negotiations

 

D. Town Solicitor – RIGL 42-46-5(a)(2) - Quarterly Status Update on all pending litigation against the
                    Town of Tiverton

 

Councilor Edwards V motioned to enter Executive Session for agenda items 11A, 11B, 11C, and 11D. Councilor Burk seconded the motion. The motion passed unanimously.

 

The council entered into closed executive session at approximately 9:58 p.m.

The council returned to open session at approximately 11:09 p.m.

 

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

 

Solicitor Marcello reported that items 11A and 11B were discussion only, and no votes were taken. For items 11C and 11D, there was no discussion.

 

12. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 11:10 p.m.

 

 

A True Copy.

 

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk