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 Tuesday, August 13, 2024, at 7:00 PM at the Tiverton Town Hall, 343 Highland 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	Deborah G. Janick	Dennis J. Milbourne
John G. Edwards V
Absent
Vice President Michael S. Burk	Jay P. Edwards	David J. Paull

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

 

BUSINESS BROUGHT BEFORE THE COUNCIL

Council President 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. June 15, 2024 – Special Meeting (Councilor Milbourne abstains, absent)

     2. June 24, 2024 – Regular Meeting (Councilor Edwards V abstains, absent)

    

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Harbor Commission – (2)

     2. Historical Cemeteries Commission – (2)

     3. Zoning Revision Committee – (2)

 

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – July 2024

     2. Town Administrator – Police and Fire Department Overtime Reports – July 2024

    

D. Acknowledge Receipt of Correspondence

     1. Letter from Marcia Flynn regarding banning of open burning

 

Councilor Janick removed item A-1 and D-1

Councilor Edwards V motioned to approve the Consent Agenda except for items A-1 and D-1. Seconded by Councilor Janick, the motion passed unanimously.

 

Re: A-1, Councilor Janick, noted a minor typographical error on the June 15, 2024 minutes.    

 

Re: D-1, Councilor Janick questioned the current open burning ordinance regulations and how it related to Ms. Flynn’s complaints. Council President deMedeiros noted the town was aware of the complaint of trash burning which is not allowed. She indicated she would have the Administrator speak to the Fire Chief and possibly add the topic to an upcoming agenda for further discussion. Councilor Edwards V stated he would be opposed to any type of amendment to the current burning ordinance.       

 

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

5. PUBLIC COMMENTS

Reading from a prepared statement, Karen Ephraim of 74 N. Christopher Avenue, expressed strong opposition to pursuing the development of the Tiverton Business Park with Rhode Island Ready, due to several environmental concerns including potential chemicals leaked during blasting that could affect groundwater quality. She spoke of additional concerns about potential destruction of Native American artifacts. She warned of the risk of undesirable changes to the town from 24/7 business operations and diesel truck traffic. Ms. Ephraim urged the Council to prioritize the town's long-term health and viability over potential short-term financial gains.

 

Council President requested a motion to bring agenda item 9-A forward.

 

Councilor Edwards V motioned to move agenda item 9-A forward. Seconded by Councilor Janick, the motion passed unanimously.

 

A. Paul Canulla – Concerns about road grading/drainage at 23 Dewey Avenue, overhanging
     branches/weed growth on Main Road sidewalk, and potholes on Main Rd. between Grinnell’s Beach
     and Route 24

 

Paul Canulla of 23 Dewey Avenue presented several concerns to the Council related to poor water drainage in front of his home, a poorly maintained adjacent property with excessive trash causing rodent issues, as well as overhanging branches/weed growth on areas of the Main Road sidewalk towards Rite-Aid. As Mr. Canulla is hearing impaired, interpreter services aided in effective communication. He supplied photos of the adjacent property concerns and images of water pooling on the road.  

DPW Director Rogers addressed some of the issues. DPW had installed a berm in front of the driveway as requested by the Canulla’s, which was subsequently removed at the Canulla’s request. He furthered that the North Tiverton Fire District performed water main work that required re-milling and re-paving. He explained that both the North Tiverton Fire District and the paving contractor met with the Canulla’s to discuss the runoff concerns. In May of 2024, both the DPW director and the foreman checked the site on multiple occasions, found no drainage issues and satisfactory pitches. Director Rogers confirmed that crews had been trimming overgrowth, but work was ongoing. President deMedeiros suggested Mr. Canulla contact the building official to address neighboring yard debris issues.     

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

                A. Sakonnet Recycling/Robert Barrile, 413 Bulgarmarsh Road – Requests approval of Auto

                      Junkyard/Second-Hand Dealers License Renewal – Subject to meeting all legal requirements

 

President deMedeiros opened the public hearing. As no one presented to speak, the hearing was closed.

 

Councilor Edwards V motioned to approve the Auto Junkyard/Second-Hand Dealers License Renewal for Sakonnet Recycling/Robert Barrile at 413 Bulgarmarsh Road, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

 

7. BOARD OF LICENSING - Discussion and possible vote

                A. Jai-Lee Egna d/b/a The Yellow House RI, 3842 Main Road – Requests approval for new Holiday

                    License, subject to meeting all legal requirements

 

Councilor Edwards V motioned to approve the new Holiday License, for Jai-Lee Egna d/b/a The Yellow House RI, 3842 Main Road, subject to meeting all legal requirements. Seconded by Councilor Milbourne, the motion passed unanimously.

 

8. APPOINTMENTS & RESIGNATIONS – Interview, discussion, and possible votes

                A. Harbor Commission - (9) Member Board (2) Year Terms (5) Vacancies, Terms ending 7/15/2026
                      1. Bruce H. Cox, 35 Sunset View Drive - Requests re-appointment

                      2. Clint Clements, 451 Seapowet Avenue - Requests re-appointment

                      3. Dr. Marco P. Dirks, 4240 Main Road - Requests re-appointment

 

Clint Clemens and Marco P. Dirks were interviewed by Council. Mr. Cox was expected to arrive later in the meeting. 

 

Councilor Edwards V motioned to reappoint Bruce Cox, Clint Clemens, and Dr. Marco Dirks to terms ending 7/15/2026 to the Harbor Commission. Seconded by Councilor Milbourne, the motion passed unanimously.

 

                B. Budget Committee - (7) Member Board (4) Year Terms (1) Vacancy, Term ending 11/4/2024
                      1. LaTasha Moody, 162 Mill Street - Requests appointment

 

LaTasha Moody was interviewed by Council.

 

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

 

Councilor Edwards V motioned to appoint LaTasha Moody to the Budget Committee for a term ending 11/4/2024. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Planning Board - (9) Member Board (3) Year Terms (1) Vacancy, Terms ending 7/15/2027
                    1. Rosemary Eva, 4019 Main Road - Requests re-appointment

 

Rosemary Eva was interviewed by Council.

 

Councilor Edwards V motioned to re-appoint Rosemary Eva to the Planning Board for a term ending 7/15/2027. Seconded by Councilor Milbourne, the motion passed unanimously.

 

                D. Dog Park Committee - (9) Member Board (3,2 & 1) Year Terms (1) Vacancy, Term ending 4/15/2025
                      1. Scott Lajoie, Jr., 42 Kilburn Steet - Requests appointment

 

It was determined that Mr. Lajoie was not a Tiverton resident and was not eligible for appointment.

 

                E. Recreation Commission - (7) Member Board (3) Year Terms (1) Vacancy, Term ending 4/15/2025
                    1. Maureen Sylvia, 772 Stafford - Requests re-appointment

 

Maureen Sylvia was interviewed by Council.

 

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

 

Councilor Edwards V motioned to appoint Maureen Sylvia to the Recreation Commission for a term ending 4/15/2025. Seconded by Councilor Milbourne, the motion passed unanimously.

 

F. Board of Canvassers - Republican Alternate position, (6) Year Term, Term ending 10/15/2024

1. Lori Meyers (Preferred choice)

2. Rob Coulter

3. Mark Constance

4. Justin Katz

5. Donna Cook

 

President deMedeiros motioned to appoint Lori Meyers to the Republican Alternate position on the Board of Canvassers for a term ending 10/15/2024. Seconded by Councilor Edwards V, the motion passed unanimously.

 

9. GENERAL BUSINESS

                B. Recreation Chair Gilfillen – Discussion and possible vote to approve RFP for installation of
                     Tennis/Pickleball Courts at Town Farm

Councilor Edwards V motioned to approve RFP for the installation of Tennis/Pickleball Courts at Town Farm. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Recreation Chair Gilfillen – Discussion and possible vote to apply previously approved funds in the
                     amount of $51,788.80 for a feasibility study to outdoor fitness park installation

Councilor Edwards V motioned to approve funds in the amount of $51,788.80 for a feasibility study on outdoor fitness park installation as requested by Chair Gilfillen. Seconded by Councilor Milbourne, the motion passed unanimously.

D. Councilor Paull – Discussion and possible vote to approve using powerplant funds to purchase

     basketball rims and backboards for Bulgarmarsh Park Recreation area, subject to complying with
     procurement rules.

 

Councilor Edwards V motioned to approve using powerplant funds, not to exceed $20,000.00 to purchase basketball rims and backboards for Bulgarmarsh Park Recreation area, subject to a vendor on the master price list or via Bids. Seconded by Councilor Janick, the motion passed unanimously.

 

E. Town Administrator – Update on Warren Avenue truck restriction and stop signs

 

DPW Director Rogers stated that he and his foreman had visited the area multiple times and concluded the signs were visible following the United States Department of Transportation Federal Highway Administration manual and uniform traffic control devices. He added that a couple of faded signs were replaced. He did not recommend adding additional/duplicate signs placed on Fish Road.   Councilor Edwards V suggested temporary placement of the large RIDOT signage warning drivers of upcoming speed limit enforcement/fines. President deMedeiros stated the police department had a sign of this type, and she would coordinate with Chief Jones and work with the Administrator to develop a plan. Director Rogers would determine if there were any missing stop signs or recommend if additional signs were needed.

 

                F. Town Administrator - Discussion and possible vote to approve budget transfers:

 

 

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

 

G. Town Administrator – Discussion and possible vote to approve funding to advertise for a

     Building/Zoning Official Assistant

Councilor Edwards V motioned to approve funds to advertise for a Building/Zoning Official Assistant as requested by the Administrator. Seconded by Councilor Milbourne, the motion passed unanimously.

 

H. Town Administrator – Update on School Casino funds, clarification from Town Treasurer

 

President deMedeiros commented that there were questions regarding clarification on the origin of the school department's financial data related to the budget shortfall. As the Treasurer was unavailable, the item was postponed until the next meeting.   

 

Councilor Edwards V motioned to continue 9-H to the next meeting. Seconded by Councilor Janick, the motion passed unanimously.

 

I. Town Administrator – Discussion and possible vote to authorize the Town Administrator to utilize
    $1,500.00 of Town Council contingency funds to pay for RI Ready application fee

 

Councilor Edwards V motioned to authorize the Town Administrator to utilize $1,500.00 of Town Council contingency funds to pay for the RI Ready application fee. Seconded by Councilor Janick, the motion passed unanimously.

 

J. Discussion and possible vote to approve funding for Solar Ordinance corrections as recommended by

    the Planning Board

Solicitor Marcello explained the item was to clean up the solar ordinance to make it comply with NAPA standards.

 

Councilor Edwards V motioned to approve funding to advertise Solar Ordinance corrections as recommended by the Planning Board. Seconded by Councilor Milbourne, the motion passed unanimously.

 

K. Discussion and possible vote to approve funding to advertise the proposed Ordinance
    amendment related to Chapter 6 Alcoholic Beverages Section 6-9 Number of Licenses for Class C
    license

 

Councilor Edwards V motioned to approve funding to advertise the proposed Ordinance amendment related to Chapter 6 Alcoholic Beverages Section 6-9 Number of Licenses for Class C license. Seconded by Councilor Janick, the motion passed unanimously.

 

10. EXECUTIVE SESSION - The Town Council may vote to go into executive session in accordance with the RI Open Meetings Act to discuss and or act upon the following items: 

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

 

Councilor Edwards V motioned to enter into Executive Session for agenda item 10A. Councilor Janick seconded the motion, the motion passed unanimously.

 

The council entered a closed executive session at approximately 8:32 p.m.

 

11. RECONVENE in OPEN SESSION and Sealing of Executive Session Minutes

The Council returned to open session at approximately 8:58 p.m.

 

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

 

Solicitor Marcello reported that agenda item 10A was discussion only, and no votes were taken.

 

12. ADJOURNMENT

Councilor Edwards V motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 8:59 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                        Joan B. Chabot, Town Clerk