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, February 26, 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	John G. Edwards V
Jay P. Edwards	Dennis J. Milbourne	Deborah G. Janick
David J. Paull

 

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. January 12, 2024 – Regular Meeting (Councilors Janick and Milbourne abstain, absent)

     2. January 12, 2024 – Executive Session (Councilors Janick and Milbourne abstain, absent)

    

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
   1. North End and Industrial/Business Park Advisory Subcommittee – (1)
   2. Open Space and Land Preservation – (1)
   3. Historical Cemeteries Commission – (2)
   4. Zoning Revision Committee – (1)      
   5. Harbor Commission – (1)
   6. Historic Preservation Advisory Board – (1)

 

C. Acknowledge Receipt of Reports

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

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

     3. Treasurer Saurette – January 2024 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence

     1. Letter from Karen Ephraim requesting follow up on concerns over lack of preservation and
         conservation efforts that was referred to Fire Chief Bailey at the 9/11/2023 meeting

 

E. DPW Director Rogers – Request Permission to submit RIPDES MS4 2023 Annual Report to RIDEM

 

F. Town Clerk – Request final approval for Town Council Policy: Boards, Commissions, and Committees

     as amended on March 25, 2019

 

Councilor Edwards V removed Item 4-D-1.  
Councilor Janick removed 4-A-1 & 2.
Councilor Burk removed Item 4-B-2. 

Re: D-1, Councilor Janick pointed out the minutes dates should read February 12, rather than January 12. The minutes with the correct dates will be re-posted on the next meeting agenda. She also noted the executive session minutes indicated she seconded a motion when she had not been in attendance.

Re: B-2, referring to section I-C, Council Burk disagreed with the suggestion of using QR codes in place of the Walk Look Explore booklet, concerned that some may not have cell phones or understand how to use the codes.  

Re: D-1, Councilor Edwards V asked for an update on the matter. Council President deMedeiros responded that the Town Administrator was following up with Fire Chief Bailey, and the item would be added to the next agenda. 

Councilor Edwards V motioned to approve the Consent Agenda except for items 4-A-1 & 2. Seconded by Councilor Janick, the motion passed unanimously.

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

      1. Karen Ephraim was present to speak re: her correspondence under 4-D-1, but understood an update
           would occur at the next meeting.

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Harbor Commission - (9) Member Board (3) Year Terms (1) Vacancy, Term ending 7/15/2025

                     1. Charles E. E. Lawrence, 108 Long Pasture Way - Requests re-appointment for term ending
                         7/15/2025

 

It was noted that Michael David Gates who was interviewed the previous meeting, had withdrawn his application.

               

Councilor Burk motioned to re-appoint Charles E. E. Lawrence to the Harbor Commission for a term ending 7/15/2025. Seconded by Councilor Edwards V, the motion passed unanimously.              

7. BOARD OF LICENSING – Discussion and possible votes

A. Angela Cruz/Borderline Takeout, LLC, 2 Main Road - Requests approval of victualling license, subject
     to meeting all legal requirements

 

Councilor Burk motioned to approve the victualling license for Angela Cruz/Borderline Takeout, LLC, 2 Main Road, subject to meeting all legal requirements. Seconded by Councilor Edwards V, the motion passed unanimously.

                B. Alison Murphy/Be Green Kids Consignments, Inc. - Request approval of special event permit for
                     Be Green Kids Consignments Sale event at Longplex Family & Sports Center on May 1, 2024 thru

                     May 5, 2024, from 9:00 am to 7:00 pm, subject to meeting all legal requirements

 

Councilor Edwards V motioned to approve the special event permit for Alison Murphy/Be Green Kids Consignments, Inc. for the event at Longplex on May 1, 2024, through May 5, 2024, from 9:00 am to 7:00 pm, subject to meeting all legal requirements, and without waiving any rights in the future. Seconded by Councilor Milbourne, the motion passed unanimously.

 

                C. Candyce Testa, Cultural Survival - Request approval of special event permit for Cultural Survival Arts
                     Bazaar event at 3852 Main Road on July 27, 2024, and July 28, 2024, from 10:00 am to 6:00 pm,

                     subject to meeting all legal requirements

 

Councilor Edwards V motioned to approve the special event permit for the Cultural Survival Arts Bazaar event at 3852 Main Road on July 27, 2024, and July 28, 2024, from 10:00 am to 6:00 pm, subject to meeting all legal requirements. Seconded by Councilor Paull, the motion passed unanimously.

 

8. GENERAL BUSINESS

A. Recreation Chair Gilfillen – Discussion and possible vote to approve implementation of new Field Use
                    Policy and Fee Structure

 

Councilor Burk handed out suggested amendments to the definitions to page 1, under Tiverton Youth, Adult and Senior Organizations. Recreation Chair Gilfillen noted the words “and/or” should replace the word “or” under the Fee/Payment Deposit paragraph. Councilor Edwards V suggested under Staff Fees, replace the words “employee’s overtime” be changed to “detail.” 

Councilor Burk motioned to approve the Field Use Policy as amended with the changes to the definitions on the first page, the addition of replacing the word “or” with the words “and/or” under the Fee/Payment Deposit paragraph, and under Staff Fees changing the words “employee’s overtime” to “detail.” Seconded by Councilor Edwards V, the motion passed unanimously.

 

B. Recreation Chair Gilfillen/Police Department - Request to hold 2024 Child Safety and Wellness Day at

    Grinnell's Beach and the surrounding areas on Saturday, June 1, 2024, from 10:00 AM - 5:00 PM
                   (potential rain date of Saturday, June 8, 2024)

Councilor Edwards V motioned to approve the Child Safety and Wellness Day at Grinnell's Beach and the surrounding areas on Saturday, June 1, 2024, from 10:00 AM - 5:00 PM with a (potential rain date of Saturday, June 8, 2024). Seconded by Councilor Janick, the motion passed unanimously.

 

C. Recreation Chair Gilfillen - Request to hold 2024 Trunk or Treat event at Ranger school on Saturday,
                   October 19, 2024, or October 26, 2024, from 4:00 PM to 8:30 PM, with a potential rain date of either

     Sunday, October 20, 2024, or October 27, 2024 (dependent on the THS Homecoming date)

Councilor Edwards V motioned to approve the Trunk or Treat event at Ranger school on Saturday, October 19, 2024, or October 26, 2024, from 4:00 PM to 8:30 PM, with a potential rain date of either Sunday, October 20, 2024, or October 27, 2024. Seconded by Councilor Milbourne, the motion passed unanimously.

 

D. Recreation Chair Gilfillen - Request to hold 2024 Tiverton Celebrates Parade on Saturday, May 25,

     2024, from 10 AM – 2 PM

Councilor Edwards V motioned to approve the Tiverton Celebrates Parade on Saturday, May 25, 2024, from 10 AM - 2 PM. Seconded by Councilor Janick, the motion passed unanimously.

 

E. Recreation Chair Gilfillen - Request to hold 2024 Tiverton Celebrates Fireworks display and to close

    Main Road during the event on Saturday, May 25, 2024, from 5:00 PM - 10:00 PM

    (rain date May 26th, 5:00 PM - 10:00 PM)

Councilor Edwards suggested no parking signs on Lawton Avenue. The Police Department will handle placing no parking signs as necessary around the area.

Councilor Edwards V motioned to approve the Tiverton Celebrates Fireworks display and to close Main Road during the event on Saturday, May 25, 2024, from 5:00 PM - 10:00 PM (rain date May 26th, 5:00 PM - 10:00 PM) and require the Recreation Chair or designee to reach out to inform the Red Dory. Seconded by Councilor Burk, the motion passed unanimously.

F. Recreation Chair Gilfillen - Request to hold 2024 National Night Out event at Bulgarmarsh

    Recreational area on June 1, 2024, from 10:00 AM - 5:00 PM

    (rain date of June 8, 2024, for same hours)

Chair Gilfillen noted the dates originally submitted were incorrect and should be August 10, 2024, with a rain date of August 11, 2024, and hours should be 11:00 AM to 7:00 PM.

Council Vice President Burk motioned to approve the request to hold the 2024 National Night Out event at Bulgarmarsh Recreational area on August 10, 2024, from 11:00 AM - 7:00 PM with a rain date of August 11, 2024, for the same hours. Seconded by Councilor Paull, the motion passed unanimously.

 

G. Recreation Chair Gilfillen - Request to hold the 2024 Summer Concert Series at Bulgarmarsh

     Recreational area on July 12, 19, 26 and Aug 2, 9, 16, 23 from 6:00 to ~8:30 PM

     (rain dates on August 30 & September 6) and to approve funds to advertise related sound variance

Councilor Edwards V motioned to approve the 2024 Summer Concert Series at Bulgarmarsh Recreational area on July 12, 19, 26 and Aug 2, 9, 16, 23 from 6:00 to 8:30 PM with rain dates on August 30 & September 6, and to approve funds to advertise related sound variance. Seconded by Councilor Janick, the motion passed unanimously.

                H. Recreation Chair Gilfillen - Request to hold the 2024 Summer Movie Series at Pocasset Field on

     July 23, 30, and August 6, 13 from 5:30 PM to 10:00 PM (rain dates on August 20 & 27)

Councilor Edwards V motioned to approve the 2024 Summer Movie Series at Pocasset Field on July 23, 30, and August 6, 13 from 5:30 PM to 10:00 PM with rain dates on August 20 & 27. Seconded by Councilor Milbourne, the motion passed unanimously.

                I. Recreation Chair Gilfillen - Request to hold Holiday Movie Night at Town Farm on Saturday, December

    21, 2024 at 6:00 PM

Councilor Edwards V motioned to approve the Holiday Movie Night at Town Farm on Saturday, December
21, 2024 at 6:00 PM. Seconded by Councilor Janick, the motion passed unanimously.

                J. Assessor Robert – Presentation on 2024 Statistical Revaluation

Assessor Robert was unable to make the meeting. The item was continued to the next meeting. 

 

K. Vice President Burk – Discussion and possible vote to appoint a council member to the

    Semiquincentennial Commission

Vice President Burk volunteered to assist and President deMedeiros offered assistance if need be. 

Councilor Edwards V motioned to appoint Vice President Burk to the Semiquincentennial Commission to represent the Town Council. Seconded by Councilor Milbourne, the motion passed unanimously.

L. Councilor Edwards V – Discussion and possible vote on review and approve potential changes to the
    Board & Commission policy and the Town Council Governance policy

 

The council discussed each of Councilor Edwards V’s suggested changes to the current Board & Commission policy and the Town Council Governance policies.

 

Relative to the Board & Commission, suggestions included changing “among” to “from” under 5. Board Organization. modifying “consecutive meetings” to “consecutive regular meetings” under 6 Board Meetings, and under 12. g. Interview & Selection, adding favorable letters of recommendation from board chairs as part of the criteria to waive interviews for reappointments, and to add attendance record to the list of factors when considering a nomination. A means to determine appropriate qualifications for certain boards was also discussed.     

 

Relative to the Town Council Governance policies, “senior member” under 3.a. Presiding Officer was clarified to use most years of total service. Under 3. e Speaking by members, councilors had various suggestions to help in clarifying and refining public comment topics.

 

Councilor Edwards V suggested under Section 7. a, to remove the first sentence.

 

Councilor Edwards V motioned to remove the first sentence in section 7. a. There was no second. The motion failed.

 

Solicitor Marcello was to prepare a draft of the changes discussed to be taken up at the next meeting.  

 

                M. Administrator Cotta – Update on Annual Audit

Treasurer Saurette is expecting the draft audit imminently. She clarified our submittal was indeed late, having already been granted a one-time extension by the Auditor General.    

 

N. Administrator Cotta – Update on Landfill grant

President deMedeiros noted the USDA grant was “still tied up in red tape.” It was hoped to be approved by the end of March.

 

O. Vice President Burk - Discussion and possible vote for Appropriate Action regarding recreational
                    parking as part of the Pond Bridge Replacement Project being done through RI DOT

Vice President Burk introduced Little Compton resident Mike Kalinoski, who expressed concerns about the potential loss of parking from the reconstruction and widening of the Pond Bridge Road Bridge (#292) at Almy Creek, which could negatively impact both Tiverton and Little Compton residents if the parking area on the southwest side of the bridge were to disappear.

DPW Director Rogers responded that the parking issue had been raised with RIDOT, and the answer received was that it was between RIDOT, CRMC, and RIDEM. He offered to research the updated RIDOT plans to ascertain if there would be parking loss and/or have the Administrator appeal for parking preservation.

Councilor Edwards V mentioned that there may be no public access to Almy Creek on the south side of the road as the land in GIS appears to be privately owned. Director Rogers will look into this as well.

 

P. Vice President Burk - Discussion Regarding Storm Debris Removal along Nanaquaket Pond Shoreline,
                   and Grinnell and Fogland Beaches

Harbor Commission member Dave Stewart had provided photos of storm damage debris. He explained there were at least two 20ft. long sections of damaged dock along with significant debris on the shore from Nanaquaket Bridge to Evelyn’s, which is state-owned property, along with substantial debris on town-owned Grinnell’s and Fogland beaches.  

DPW Director Rogers confirmed RIDOT had been contacted back in December about shore debris. DPW would be addressing debris on town-owned property. Councilor Edwards V recommended that his father, Representative John Edwards, be contacted for assistance. President deMedeiros confirmed that she and/or the Administrator would reach out to Rep. Edwards.

Mr. Stewart also noted that Save The Bay has designated the Nanaquaket area of Tiverton for a clean-up day scheduled for May 4, 2024.

 

Q.  President deMedeiros - Discussion and possible vote to advertise proposed amendments to the

      Tiverton Code of Ordinances, Chapter 78 Traffic and Vehicles, adding Sections 78-86 and 78-87,

      regarding beach parking and applicable fines

President deMedeiros explained items Q, R, and S were intended to designate specific fishing areas, and not allow fishing on the docks, walkways, or beaches.  Solicitor Marcello added that an enforcement mechanism for fines was also included. Vice President Burk noted a few administrative typos that needed correction. 

Councilor Edwards V motioned to approve the advertising of the amendments to the Tiverton Code of Ordinances, Chapter 78 Traffic and Vehicles, adding Sections 78-86 and 78-87, regarding beach parking and applicable fines. Seconded by Councilor Burk, the motion passed unanimously.

 

R. President deMedeiros - Discussion and possible vote to advertise proposed amendments to the

    Tiverton Code of Ordinances, Chapter 54 Parks and Recreation, Section 54-32, regarding fishing areas

    and applicable fines

Councilor Edwards V motioned to approve the advertising of proposed amendments to the Tiverton Code of Ordinances, Chapter 54 Parks and Recreation, Section 54-32, regarding fishing areas and applicable fines. Seconded by Councilor Burk, the motion passed unanimously.

 

                S. President deMedeiros - Discussion and possible vote to advertise proposed amendments to the

     Tiverton Code of Ordinances, Chapter 78 Traffic and Vehicles, Sec. 78-72, regarding parking on certain

     streets

Councilor Edwards V motioned to approve the advertising of proposed amendments to the Tiverton Code of Ordinances, Chapter 78 Traffic and Vehicles, Sec. 78-72, regarding parking on certain streets. Seconded by Councilor Burk, the motion passed unanimously.

 

9. ANNOUNCEMENTS

                A. Administrator Cotta – Tiverton Lions Club holding 11th Annual Recognition Night for Tiverton and

                     Little Compton on Saturday, March 2, 2024, at 7:00 PM at Whites of Westport

 

President deMederious made the above announcement regarding the Lions Club Annual Recognition Night for Tiverton and Little Compton.

 

10. EXECUTIVE SESSION

                A. Council President deMedeiros/Administrator Cotta – RIGL 42-46-5(2)(4) – Any investigative

                     proceedings regarding allegations of misconduct, either civil or criminal, Police/School Department

 

Councilor Paull motioned to enter Executive Session for agenda item 10A. Councilor Edwards V seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 8:53 p.m.

Council returned to open session at approximately 9:26 p.m.

 

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

 

Solicitor Marcello reported for item 10A, discussion only, no votes taken.

 

11. ADJOURNMENT

Councilor Paull motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 9:27 p.m.

 

A True Copy.

 

ATTEST________________________________

                         Joan Chabot, Town Clerk