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, December 9, 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	Vice President Michael S. Burk	Deborah G. Janick
Jay P. Edwards	David J. Paull	John G. Edwards V
Dennis J. Milbourne

 

Interim Town Administrator Jones, Solicitor Marcello, Clerk Chabot, and Deputy Clerk Veegh were also present.

 

4. REGULAR MEETING:   (Retiring Town Councilors)

                A. Approval of Town Council Minutes
                     1. October 28, 2024 – Regular Meeting
                     2. October 28, 2024 – Executive Session
                     3. November 12, 2024 – Regular Meeting
                     4. November 12, 2024 – Executive Session
                     5. November 25, 2024 – Regular Meeting
                     6. November 25, 2024 – Executive Session

Councilor Burk motioned to approve the meeting minutes. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                B. Acknowledgement of the resignation of Nancy Driggs from the Board of Canvassers, effective

                    November 27, 2024

 

Councilor Edwards motioned to accept the resignation of Nancy Driggs with regret and thanks for her service. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Discussion and possible vote to amend/correct motion from 11/12/2024 meeting relating to ARPA
                     funds to pay for items previously obligated by Resolution from Casino Gaming Capital account –
                     specifically related to the DPW garage maintenance equipment item

Solicitor Marcello clarified this correction, was to correct Item F from the previous meeting, whereas the DPW garage maintenance equipment item was converted to a second truck approval.

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

                D. Brief Closing Remarks and Acknowledgement of Appreciation by Departing Town Councilors

Departing Council members Edwards, Burk, and Milbourne made brief parting remarks and mentions of their experiences serving on the Council.

5. SWEARING IN CEREMONY

                Representative John G. Edwards:

A. Swearing-in of Newly Elected Officials - Town Councilors, Town Clerk, Town Treasurer, Probate Court

Judge, Town Sergeant, Budget Committee, and Charter Review Commission members

 

Representative John G. Edwards and Senator Walter Felag presented the outgoing councilors with proclamations for their service, congratulated the new councilors, and offered advice and ongoing assistance.  

 

Representative John G. Edwards swore in all seven Councilors. He then swore in the Probate Court Judge D’Addario, Town Sergeant Noyes, and Budget Committee members Scott Toner, Curtis Doberstein, and John Chelo and Town Clerk Joan Chabot, followed by the Charter Review Commission members Donna Edwards, Michael Janick, Jerome Larkin, Diane Sanna, Dennis Milbourne, Rob Coulter, and Nancy Driggs.    

 

A ten-minute recess occurred. 

 

6. REGULAR MEETING:  (Newly Elected Town Council)

Joan B. Chabot, Town Clerk:
               
                A. Roll Call of Newly Elected Town Council - John G. Edwards V, Deborah Janick, Craig R. Committo,
                     Denise deMedeiros, David Perry, David J. Paull, Blake B. Hayden   

B. Conduct Election of Town Council President by Town Clerk

                Town Council President:

 

Clerk Chabot called for nominations for Council President.

 

Councilor Perry nominated Councilor Edwards V to serve as Council President. Seconded by Councilor deMedeiros, the motion passed unanimously.

                A. Election of Town Council Vice President

 

Council President Edwards V called for nominations for Council Vice President.

 

Councilor Perry nominated Councilor Paull, to serve as Council Vice President. Seconded by Councilor deMedeiros, the motion passed unanimously.

               

B. Brief Remarks – Newly Elected Town Council Members

 

Clerk Chabot took the roll call. All members were present.

At this time, the newly elected Council members each made brief remarks, all expressing thanks for being elected to the council.  

 

BUSINESS BROUGHT BEFORE THE COUNCIL

Council President Edwards V read the items on the Consent Agenda.

 

7. 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. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Board of Canvassers (4)
     2. Historical Cemeteries Commission – (2)      
     3. Historic Preservation Advisory Board – (1)

B. Acknowledge Receipt of Reports

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

     2. Police and Fire Department Overtime Reports – November 2024
     3. School Department YTD Budget v. Actual Report - November 2024

 

C. Approval of Tax Assessor Abatements – $1,864.14

 

D. Approval of Bay Street Moratorium Extension to June 30, 2025

 

E. Approval of Town Council 2025 Meeting Calendar

 

F. Key Charter Dates for FY2025-2026 Annual Budget Process/Financial Town Referendum

 

F. Town Clerk - Approval of advertisement funds for 2025 Annual Tree Warden Appointment

 

G. Chanukah Celebration – December 28, 2024, at 4:30 PM at Tiverton Town Hall

H. Approval of License Renewals – Non-Advertised (December 1, 2024, to November 30, 2025)

     See attached lists for:

        Holiday License Renewals

                        Tobacco Dealers License Renewals
                       Victualling License Renewals

 

Councilor Janick removed item B-3.

Councilor Committo removed item D.

 

Councilor Janick motioned to approve the Consent Agenda items except for items B-3 and D.  Seconded by Councilor deMedeiros, the motion passed unanimously.

 

Re: B-3, Councilor Janick thanks Mr. Andrade for the submission of the Schools Report, describing it as useful and transparent. 

 

Re: D, Councilor Committo queried the status of Bay Street Moratorium. Clerk Chabot explained there was still one person who had not signed off. She added there were certain lots that had restrictions that are defined in DEM letters and in land evidence.

  

Councilor deMedeiros motioned to approve Consent Agenda items B-3 and D.  Seconded by Councilor Janick, the motion passed unanimously.

 

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

Representative John G. Edwards and Senator Walter Felag took the opportunity to present a $5,000.00 grant check in the amount of that was to be used purchase a virtual firearm simulation training system. Police Chief Jones explained there would be a collaborative training partnership with the casino security officers.

 

Resident Jaime French expressed concern about rezoning monies for advertising, suggesting a careful review of the drastic zoning changes that she believed would affect north Tiverton. She stated that the proposed high-density zoning conflicted with a previous DEM designation as a low-impact development area. She also questioned the allowance of 360 new residential units as well as by-right industrial waterfront areas adjacent to residents with 10-foot setbacks and the commercial traffic they would produce. She asked why grant monies weren’t used to improve playgrounds in N. Tiverton noting that the area lacked adequate roads, water, and sewer to support that development. 

 

9. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgement of resignation:

                     1. Nancy L. Driggs from Board of Canvassers effective 11/27/2024

Completed at the beginning of the meeting. 

 

                B. North End and Industrial/Business Park Advisory Subcommittee - (4) Public Members (1) Vacancy

                     1. Mike Burk, 67 Durfee Road - Requests appointment for term ending 10/15/2027

 

Councilor Hayden motioned to table the item until later in the agenda. Seconded by Councilor Committo, the motion failed 2-5, with Councilors Janick, deMedeiros, Edwards V, Paull, and Perry opposed.

 

Councilor deMedeiros motioned to waive policy and proceed to appointment. Seconded by Councilor Paull, the motion passed 5-1-1, with Councilor Hayden opposed and Councilor Committo abstaining.

 

Councilor deMedeiros motioned to appoint Mike Burk to the North End and Industrial/Business Park Advisory Subcommittee. Seconded by Councilor Janick, the motion passed 5-2, with Councilors Hayden and Committo opposed.

 

                C. North End and Industrial/Business Park Advisory Subcommittee - (2) Council Members
                     (Current – Deborah G. Janick)

 

Councilor Edwards V motioned to appoint Councilor deMedeiros to the second council member position on the North End and Industrial/Business Park Advisory Subcommittee. Seconded by Councilor Janick, the motion passed unanimously.

 

 

                D. Public Safety Complex Committee - (1) Council Member

                     (Current - John Edwards, V.)

 

Councilor Edwards V motioned to appoint Councilor Committo to the Public Safety Complex Committee. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

                E. Semiquincentennial Commission - (1) Council Member

Councilor deMedeiros motioned to appoint Councilor Edwards V to the Semiquincentennial Commission. Seconded by Councilor Perry, the motion passed unanimously.

 

                F. Zoning Revision Committee - (1) Council Member

 

Noting that the committee was close to completion, Councilor Janick suggested amending the resolution to remove the Town Council member requirement to allow former Councilor Edwards to remain on the Committee.

 

Councilor Perry motioned to continue the appointment to the next meeting. Seconded by Councilor Janick, the motion passed unanimously.

 

                G. School Building Committee – (2) Council Members

 

Councilor deMedeiros motioned to appoint Councilor Perry to the School Building Committee. Seconded by Councilor Janick, the motion passed unanimously.

 

                H. Assignment of Town Councilor Liaisons for Boards and Commission

 

In the interest of time, Council President Edwards V suggested the councilors notify via email desired Boards and Commissions. Councilor deMedeiros interjected, stating she would like to remove herself from some of the many boards she currently serves as liaison. It was agreed the councilors would email the Clerk their preferred positions and the final updated list would be shared at the next meeting. 

 

10. BOARD OF LICENSING– Discussion and possible votes, subject to meeting all legal requirements

Directions to view licensing applications: 1) Click on https://tivertonri.portal.opengov.com/search ,

2) Click Records and then type in the record number listed on the agenda, 3) Click on the highlighted record to view the application

 

NON ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2024 to Nov. 30, 2025)

                A. Approval of Entertainment Licenses

                     1. Riptide Sports Grille, 1 Bay Street (ANN-23-112)

President Edwards V opened the public hearing. With no public comments, the public hearing was closed.

 

Councilor deMedeiros motioned to approve the Entertainment License for Riptide Sports Grille, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Petroleum Storage License Renewals
                     1. Kingfisher Housing Assoc LP, 40 Alicia Circle (ANN-23-111)

                     2. Ferrellgas LP, 896 Fish Road (ANN-23-110)

                   

President Edwards V opened the public hearing. With no public comments, the public hearing was closed.

 

Councilor deMedeiros motioned to approve the Petroleum Storage License Renewals for Kingfisher Housing Assoc LP and Ferrellgas LP, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Fireworks License Renewals

                     1. Step By Step Convenience, 429 Main Road (ANN-23-23)

 

President Edwards V opened the public hearing. With no public comments, the public hearing was closed.

 

Councilor deMedeiros motioned to approve the Fireworks License Renewal for Step By Step Convenience, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

 

 

11. GENERAL BUSINESS

                A. Planning Board – Discussion and possible vote to approve the engagement of a monitoring agent to
                     count and report the number of manufactured homes that qualify for inclusion in the Town’s Low and
                     Moderate Income housing stock

 

Councilor deMedeiros motioned to approve the engagement of a monitoring agent to count and report the number of manufactured homes that qualify for inclusion in the Town’s Low and Moderate Income housing stock. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Recreation Chair Gilfillen - Discussion and possible vote to approve the establishment of a Tiverton

                     Kickball League (cont. from 11/25/2024 meeting)

 

Councilor Janick motioned to approve the establishment of a Tiverton Kickball League. Seconded by Councilor Paull, the motion passed unanimously.

 

                C. Fire Chief Bailey - Discussion and possible vote to approve application to the Assistance to Firefighters
                     Grant in the amount of $17,321.00

 

Councilor Paull motioned to approve the application to the Assistance to Firefighters Grant in the amount of $17,321.00 for EVOC training. Seconded by Councilor Hayden, the motion passed unanimously.

 

D. School Department – Discussion and possible vote to approve allocating casino gaming capital funds

                     for critical improvement projects:

                                1. Chimney removal at Tiverton High School (THS) $65,000

                                2. Replacement of exterior doors $136,152

                                3. Sound system installation in the THS auditorium $55,000

 

Councilor deMedeiros stated that while she thought the chimney removal was an emergency situation, she believed the replacement of doors and sound system should wait until the casino meeting when other budget items would also be considered.

 

School Business and Finance Director Andrade answered questions about the significant cost increase over the $13,000 original bid received for the demolition. Councilor Committo commented on the large variance between the two bids received. Solicitor Marcello reminded the Council that this would not be allocated tonight, but rather a resolution would be drafted for consideration at the next meeting.

   

Councilor deMedeiros motioned to approve the Chimney removal at Tiverton High School (THS) $65,000. Seconded by Councilor Paull, the motion passed unanimously.

 

                E. Discussion and possible vote to schedule public hearing for amendments to the Comprehensive
                     Plan’s Future Land Use Map, specifically designation of lots in the Waterfront-Related Uses areas, and
                     to authorize advertising for the same

 

Councilor deMedeiros motioned to schedule public hearing for amendments to the Comprehensive Plan’s Future Land Use Map, specifically designation of lots in the Waterfront-Related Uses areas, and to authorize advertising for the same. Seconded by Councilor Hayden.

 

Solicitor Marcello reminded that public hearing date selection for all three items (E, F, and G) should be done simultaneously and was required by February 28, 2025. He suggested a public hearing in late January or the first meeting in February. President Edwards V suggested having the Planning Board do an informational session at the regular meeting on January 27, and then set the date of February 10 for public hearing.   

 

                F. Discussion and possible vote to schedule a public hearing on amendments to the Zoning Map related
                      to the Waterfront Zone creating Waterfront 1 and Waterfront 2 Zones and to authorize advertising
                      for the same

G. Discussion and possible vote to schedule hearing on, and to authorize advertising for, amendments
      to the following sections of the Zoning Ordinance, and generally described as:

Article I, Section 5, to exempt the Town from the Zoning Ordinance for governmental functions;

Article II, Definitions;

Article III, Section 1, to split the Waterfront Zone and add from the Form-Based Code the zones of Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business;

Article IV, Sections 1- 13A, adding uses, removing uses and renaming uses in the District Use Table.  Further, identifying which uses are permitted by right, special use permit or not permitted.  Incorporating the W1 and W2 waterfront zones as well as the zones of Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business.  Section 15 is amended to add ‘Recycling Center’;

Article V, Sections 1, 2 and 4.  These are amendments to the District Dimensional Table to incorporate the W1 and W2 waterfront zones as well as the zones of Traditional Main Street, Pedestrian Friendly Destination and Neighborhood Business.  Section 15 is amended to add ‘Recycling Center.’  Further, the amendments clarify how many principal uses are permitted in the commercial, waterfront, and industrial zones.  In addition, Building Height is amended and clarified and how height is measured is clarified and how adjustments for base flood elevation and freeboard are made;

Article VI, Section 10.  These amendments create performance standards for multiple uses permitted by right;

Article VII, Section 2. This amendment recognizes pre-existing, non-conforming lots prior to June 24, 2024; and

Article XVI, Section 5.  These amendments provide specific and objective criteria for uses that require a special use permit.

Councilor deMedeiros motioned for the above-mentioned items 11-E, 11-F, and 11-G, to schedule a public hearing on February 10, 2025, and to authorize advertising for amendments as listed. Seconded by Councilor Janick, the motion passed unanimously.

 

                H. Discussion and possible vote to extend health or medical insurance for retired employee Christopher

                     Cotta through December 31, 2024

 

President Edwards V explained that former Administrator Cotta requested an additional six months in exchange for assistance to the interim Town Administrator as needed. Questions remained about the exact date for consideration and the cost to the town for the extension. Interim Administrator Jones offered to return with exact information for next meeting. 

 

Councilor Hayden motioned to table the item until the next meeting. Seconded by Councilor deMedeiros, the motion passed 5-2, with Councilors Edwards V and Paull opposed.

 

                I. Discussion and possible vote to cancel the December 23, 2024 council meeting

 

Councilor Hayden motioned to cancel the December 23, 2024 council meeting. Seconded by Councilor deMedeiros, the motion passed 6-1, with Councilor Committo opposed.

 

 

12. EXECUTIVE SESSION

                A. Town Administrator – RIGL 42-46-5(5) – Discussion related to the acquisition or lease of real property
                     for public purposes wherein advanced public information would be detrimental to the interest of the
                     public – related to a conservation easement and related purchase and sale

 

                B. Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance Evaluation for DPW Director
                     Richard F. Rogers – Notice given

 

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

 

President Edwards V motioned to enter into Executive Session for agenda items 12-A, 12-B, and 12-C. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

The council entered a closed executive session at approximately 8:35 p.m.

 

The Council returned to open session at approximately 9:41 p.m.

 

Councilor deMedeiros motioned to seal the minutes of the Executive Session. Councilor Paull seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported for item 12-A, any votes cannot be disclosed at this time, and for items 12-B and 12-C, discussion only, no votes taken.

 

13. ADJOURNMENT

Councilor deMedeiros motioned to adjourn the meeting. Councilor Paull seconded the motion. The motion unanimously passed. The meeting adjourned at 9:45 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                        Joan B. Chabot, CMC    Town Clerk