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, July 27, 2026, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road, Tiverton, Rhode Island 02878.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council President Edwards V called the meeting to order with the Pledge of Allegiance to the flag.

3. ROLL CALL

Present
President John G. Edwards V       Vice President David J. Paull        David Perry

Deborah G. Janick

 

Absent

Craig R. Committo
Denise M. deMedeiros

Michael S. Burk

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

 

 

*** Moment of Silence – Robert Cahill Martin ***

 

A moment of silence was held in memory of Robert Cahill Martin of Tiverton, who passed away on July 2, 2026. For years, Mr. Martin had been a volunteer on the Tiverton Historical Cemeteries Commission and the Hillside Cemetery Association.

 

Without objection, item 7-A was taken out of order.

 

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

              A. Shelby Stubbs - Approval of Sound Variance for wedding at 227 Schooner Drive on September 13,

                    2026, from 6:00 pm – 10:00 pm (SPE-166)

 

Council President Edwards V opened the public hearing.

Valerie Martin, of 37 Sloop Lane, requested the variance be denied, expressing concern that granting it would set a bad precedent for future events at the Boat House. She notes the neighborhood is a 55-and-over community where many residents try to sleep between 9:30 p.m. and 10:30 p.m.

The applicant, Shelley Stubbs, explains that the event details feature a string quartet from 7:00 p.m. to 9:00 p.m. Following the quartet, a DJ will take over for two hours using the restaurant's internal sound system on the patio with no external speakers.

A motion is initially raised with a cutoff time to 10:00 o'clock based on what is listed on the agenda. However, after cross-referencing the original public advertisement, the town clerk confirms the wedding application and the advertisement had requested a variance extension until 11:00 p.m.

Council members discussed the history of frequent wedding-related sound complaints involving the Boat House. They suggest the town should formally communicate with the venue management to encourage booking future engagements only until 10:00 PM. Additionally, they express that the venue itself should bear the responsibility of requesting special event variances rather than putting that burden on individual clients.

Council Vice President Paull motioned to approve the sound variance for the wedding on September 13th, 2026, from 6:00 p.m. to 11:00 p.m. Seconded by Councilor Perry, the motion passed unanimously.

 

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. May 26, 2026 – Regular Meeting (Councilor deMedeiros abstains, absent)

       2. June 8, 2026 – Regular Meeting

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees

        1. Personnel Board (1)
       2. Open Space and Land Preservation (2)

        3. Zoning Revision (3)
        4. Harbor Commission (1)

 

                C. Acknowledge Receipt of Reports         
                     1. Town Administrator – Departments’ Monthly Reports – June 2026

     2. Town Administrator – Police and Fire Department Overtime Reports – June 2026

     3. Treasurer Saurette – FY26 Gaming Revenue Update

 

D. Acknowledge Receipt of Correspondence
        1. Letter from Katherine Perruzzi re: proposed Friendship Farms 2 development

        2. Letter from Ron Potvin re: proposed Friendship Farms 2 development

        3. ACLU 2026 REPORT Remote Access to Public Meetings

        4. Letter from Garrett Calusdian regarding filming at Grinnell’s Beach

       

E. Approval of Fire Department Budget Transfers

 

 

                F. Police Chief Costa – Automated License Plate Reader policy

 

Councilor Janick pulled items D-1 and D-4

Councilor Perry pulled item C-2

 

Councilor Paull motioned to approve the Consent Agenda except for items C-2, D-1 and D-4. Seconded by Councilor Perry, the motion passed unanimously.

 

Re: C-2, Councilor Perry questioned injury duty pay. Chief Costa confirmed the injury occurred after a scuffle at the casino.

 

Re: D-1, Councilor Janick questioned the town planner, Mr. Spencer, regarding a letter from a resident who had requested project application files and plan sheets ahead of a technical review. Mr. Spencer responds that the town usually accommodates such requests if they are not a huge burden; otherwise, they must be processed as a formal public records/information request. Councilor Janick concludes by emphasizing that residents should know they need to make a formal request, as it makes it much easier for both the town and the residents to track the records.

 

Re: D-4, Councilor Janick questions the filming at Grinnell’s Beach item. Administrator Jones confirmed the filming project already has all the proper permits and requirements fully secured. The item was placed under correspondence and consent strictly as a "heads-up" to ensure the council is aware of the activity, as it will take place at Grinnell's Beach before their next scheduled meeting.

 

Councilor Janick motioned to approve the Consent Agenda items C-2, D-1, and D-4. Seconded by Councilor Perry, the motion passed unanimously.

 

 

Without objection, item 8-A was taken out of order.

 

                A. Rhode Island Department of Environmental Management – Presentation on Chase Marina and
                     comments on Crandall Road PFAS

 

Representatives from the Rhode Island Department of Environmental Management gave a two-part

presentation from the Rhode Island Department of Environmental Management (DEM) regarding development

on the local waterfront and ongoing public health concerns related to groundwater contamination.

 

Deputy Director Jason McNamee presented plans for developing the Chase Marina property, which the state

acquired in 2021. Marina expansion plans include installing fixed and floating piers to support up to 17

commercial fishing, party, and charter vessels. The infrastructure is engineered to withstand a 100-year storm

event. Constructing the marina is projected to take 9 to 12 months at an estimated cost of $2 to $4 million.

 

Following a public RFP process in 2025, Dune Brothers was selected to lease the on-site building for a 10-year

Term. They plan to open a restaurant seating 45–50 guests indoors and 30 on an outdoor patio, alongside a

small retail seafood market. Renovations will be privately funded and are expected to take 18 months.

 

Council members expressed significant worry regarding traffic and parking space shortages. The DEM property

only has 18 designated spots. To address this, DEM is partnering with the Rhode Island Bridge and Turnpike

Authority to convert nearby state-owned land into parking. The council tentatively suggested introducing

resident sticker-only parking to safeguard local neighborhoods.

 

Relative to the Crandall Road PFAS Water Contamination, the Director provided a high-level briefing on toxic

per- and polyfluoroalkyl substances (PFAS) discovered in local private well water near Crandall Road.

 

In line with a 2022 state law, DEM and Brown University mapped out potential contamination risks. Historical

firefighting foams used at local fire stations were flagged as a suspected source. Testing ramped up quickly after

Victory Church's water system flagged a contamination exceedance in May.

 

Private well testing remains fully funded by the state on a voluntary basis. For homes with confirmed

contamination, the state is paying to deploy short-term point-of-use water filtration systems. The long-term

plan targets a complete public water line extension. The Director clarified that there is zero expectation for the

town or its taxpayers to fund this infrastructure.

 

Council members pressed for a faster testing turnaround time, noting that residents are waiting up to a month

for critical safety results. The Director committed to speaking with the Department of Health to request extra

testing capacity and resources.

 

The presentation concluded with a promise from DEM to host a dedicated interactive public workshop alongside

the Department of Health to address exact individual property locations, well depths, and community questions.

 

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

Resident Michelle Reffelt shared a moving personal account regarding recent well contamination findings on Crandall Road. She said she has lived and raised her children on Cala Avenue since 1990. Her family was close friends with the Cordeiro family, whose daughter Megan tragically died of leukemia. Shortly after Megan's diagnosis, her 37-year-old husband was diagnosed with liver cancer and passed away within a year. In April, she received a letter from DEM requesting permission to sample her well. Weeks later, she received an urgent call informing her that her well water was heavily contaminated with PFAS and was completely unsafe for any type of consumption. After researching PFAS, she learned that liver cancer is one of its major linked health effects. She said that out of five houses on her street, four families have suffered a death from cancer. She said both of her surviving children suffer from digestive issues, and she herself has developed thyroid issues—both documented side effects of PFAS exposure. She notes with horror that the fire station used the toxic foam until 2010, meaning her husband was coming home from chemotherapy treatments in 2008 and drinking contaminated water. She vented frustration toward town officials for lack of communication and emergency response. She said the town was notified of the issue around June 16th, yet did not issue any public warnings, saying the town only issued a press release once local media began interviewing affected residents. Although a filtration system was recently installed at her house, she remains too terrified to drink the water. She urged the council to expand testing to the wider town, mail formal warning notifications to the entire area, and provide clear, reassuring updates to protect families and the elderly who aren't on social media.

 

Resident Teresa Cordeiro from 19 Blueberry Lane shared that she has lived in Tiverton her whole life and raised her family there. She expressed gratitude to the community for standing by her family and supporting her late daughter's memorial foundation. She said after learning that her daughter’s best friend’s well was contaminated, her family was left in a difficult place. Although originally told by the RI DEM that her property was outside the testing zone, she paid to test her own well and was relieved when it came back negative for PFAS. She said town officials waited a month without sending formal notification letters to residents, adding that many neighbors and elderly residents do not use Facebook and had no idea their water was unsafe. She demanded that the town immediately mail out information to everyone in that end of town so residents can make their own informed decisions about paying the $200 fee to get tested.

 

Patti Buchanan began her comments stating she fully supports the local police department but strongly opposes entering into a contract with Flock Safety for automated license plate readers. She cited five municipalities nationally including Los Angeles, CA, Newport, KY, and Salem, MA that recently terminated their relationships with Flock Safety due to major concerns. She had deep concern regarding Flock’s lack of corporate transparency, data tracking ownership, aggressive data-sharing policies, and overall cybersecurity flaws while emphasizing that human nature makes the system ripe for personal abuse.

 

Holly Flanagan from 30 Sylvia Road addressed the council regarding concerns about transforming Sylvia Road into a one-way street. Noting that Sylvia Road is a very narrow through street between Stone Church Road and East Road that is finally getting paved after many years, and residents have never had issues getting emergency vehicles up or down the street. She said the primary safety hazard is exiting the street onto East Road, describing it as an "exceptionally dangerous spot" where she has witnessed accidents. Instead of a one-way designation, she asked the town to consider making the East Road exit right-turn only with a no left turn sign. She also suggested a "no through traffic" sign to prevent GPS apps from routing travelers down the road. Acknowledging that a traffic study is planned, she strongly requested that the neighborhood residents be formally surveyed and included in the final decision-making process.

 

Randall Rose from the group Rhode Islanders for Personal Privacy spoke out in opposition to Flock automated license plate reader (ALPR) cameras. His core arguments focused on major privacy and legal vulnerabilities within the contract structure. He said while the contract states that raw recordings are deleted after 30 days, any "processed data" generated by Flock's AI belongs entirely to the company and Flock faces no retention restrictions on this data and is free to monetize it. He added that the contract leaves the town with zero authority to bind Flock or act as its legal agent and because Flock retains hardware ownership, they can add extra sensors to the devices without the town's knowledge or consent. He said the devices are notoriously easy to hack and the restrictive contract terms explicitly prohibit the town from conducting independent security audits. He concluded by noting that neighboring communities like Little Compton had already rejected the technology for these exact reasons, urging Tiverton to follow suit.

 

Jamie French from Craig Ave. addressed council regarding a Rhode Island Ready commerce program application involving industrial land infrastructure. She noted that 247.5 acres consisting of wooded swamp, wetlands, and reservoir watershed acres were enrolled in the industrial program but were never openly discussed on the floor during the June 22nd meeting. She describes the location as running along the south side of Route 24 between Longplex and the industrial park. Her concern was that expanding industrial infrastructure poses a threat to the town's watershed, drawing a parallel to the PFAS groundwater contamination actively impacting the town's south end. Council President Edwards strongly objected, stating she is misrepresenting facts and drawing a false connection between a standard development application and the severe localized well contamination on Crandall Road. Ms. French concluded by stating that credit for providing clean emergency water to the affected Crandall Road residents belongs to the North Tiverton Water Department, not the town itself, and highlighted that residents are paying extra costs to cover these mutual aid resources.

 

Robert Jobin from Stafford Road shared his perspectives on the Crandall Road PFAS water contamination issue, suggesting that DEM could utilize 3D computer mapping models. He notes that inputting water well depths and contamination levels would help track the movement and depth of the toxic plume. He expressed concerns that the contamination plume reaches close to a gas station near Stafford Pond. Because he lives on the pond, he warns that any chemical runoff entering the water supply would pose a massive community-wide crisis. Noting the severe financial impact on property values for the neighborhood, he proposed that the town help alleviate the burden by reducing property taxes for the impacted homeowners until they are fully resolved. Drawing from his background as a firefighter, he explained that older firefighting foams and protective gear were historically heavily laden with PFAS. He urged the town to purchase an extractor (a specialized commercial heavy-duty washing machine) to properly clean gear so that toxic residues do not wash out into municipal septic systems or persist at fire stations.

 

Resident Ivy Hall addressed the Council regarding her public records requests for the town's contract with Flock Safety, stating the town only provided an expired three-page quote rather than the full agreement. Solicitor Marcello responded that a new contract does not exist yet because the council has not voted to approve it. Ms. Hall argued that Flock cameras have been active in town since 2021 under a privately funded arrangement. maintains that all available documents were turned over. Mr. Marcello suggested that Ms. Hall file an official appeal with the Rhode Island Attorney General if she believes records are being withheld. Hall confirms she will proceed with the appeal.

 

Stephen Hendrick from 31 Starlit Road expressed concerns regarding the Flock surveillance system, warning that populating the town with automated license plate readers builds a mass surveillance infrastructure, posing potential Fourth Amendment warrantless search concerns. He noted that neighboring communities including Warren, Portsmouth, Little Compton, and Newport all voted down or abandoned trials with Flock due to citizens' privacy wishes.

 

Also speaking about the Flock camera issue, V.A. Lopes responded to President Edwards’ previous question about what issues Flock has actually caused in Tiverton. She compared it to wearing a seatbelt, noting that just because she hasn't been in a car accident in Tiverton doesn't mean she shouldn't wear one. She emphasized that residents didn't even know the cameras were active until five months prior. She argued that Flock only provides "expediency," stating she would rather the town hire another human police officer than use AI mass surveillance that violates Fourth Amendment rights. She asked specific questions for the Police Chief to address during his upcoming presentation:  Where do the virtual machines (VMs) hosting the captured data physically live? And was the secondary camera provided as a "complimentary" gift? She warned that free tech versions (like ChatGPT) are typically used to harvest data and train machine learning programs.

 

Abigale Pimental from 557 Hancock Street firmly opposed installation of additional Flock cameras, calling them an invasive surveillance apparatus. She argued that while marketed as a crime-fighting tool, the cameras actually make communities less safe by building an intimate, searchable digital map of residents' daily lives. She said sensitive data, including vehicle makes, models, and bumper stickers, is handed over to private third-party companies, with no real assurance that it won't be leaked or sold. She provided specific real-world examples of the technology's flaws and abuses, noting that law enforcement officers across the nation have used the system to stalk romantic partners in at least 28 identified cases since 2021. She pointed out that over 95 communities have discontinued ALPR contracts, urging Tiverton to join neighboring towns like Portsmouth, Warren, and Little Compton in prioritizing resident privacy and voting against the Flock proposal.

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

A. Acknowledgement of resignation/retirement:

                     1. Richard Segel from the Dog Park Committee, effective June 19, 2026

                     2. David Collins from the Zoning Board of Review, effective July 15, 2026

 

Councilor Paull motioned to accept the resignations with regret. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Dog Park Committee - (5) Member Board (3) Year Terms (3) Vacancies

                     1. Rebecca Nicole Rhein - Requests appointment for term ending 4/15/2027 or 4/15/2028

Ms. Rhein was unavailable and would be placed on the following meeting. 

 

                     2. Ellen Brady - Requests appointment for term ending 4/15/2027 or 4/15/2028

 

Ms. Brady was interviewed by the council.

 

Councilor Paull motioned to waive policy and appoint Ellen Brady to the Dog Park Committee for a term ending 4/15/2028. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Economic Development Commission - (5) Member Board (4) Year Terms (2) Vacancies

                     1. John Hardman - Requests re-appointment for term ending 7/15/2030

                     2. Steve Durkee - Requests appointment for term ending 7/15/2027

 

Economic Development Chair Jones spoke on behalf of John Hardman and Steve Durkee who had to temporarily leave the meeting.

 

Councilor Paull motioned to reappoint John Hardman to the Economic Development Commission for a term ending 7/15/2030. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Perry motioned to waive policy and appoint Steve Durkee to the Economic Development Commission for a term ending 7/15/2027. Seconded by Councilor Janick, the motion passed unanimously.

 

                D. Cemetery Commission - (5) Member Board (3) Year Terms (1) Vacancy

                     1. Stefanie Mattera - Requests appointment for term ending 7/15/2029

 

Ms. Mattera was interviewed by the council.

 

Councilor Perry motioned to waive policy and appoint Stefanie Mattera to the Cemetery Commission for a term ending 7/15/2029. Seconded by Councilor Janick, the motion passed unanimously.

 

                E. Zoning Board of Review - (7) Member Board (5) Year Terms (1) Full Vacancy, (2) Alternate Vacancies

                     1. Edwin Schober - Requests appointment for full term ending 7/15/2031

 

Mr. Schober was interviewed by the council. Zoning Board of Review Chair Gescheidt also spoke on his behalf, commending his previous four-year performance as an alternate member on the board.

 

Councilor Paull motioned to appoint Edwin Schober to the full member position on the Zoning Board of Review for a term ending 7/15/2031. Seconded by Councilor Perry, the motion passed unanimously.

 

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

              A. Shelby Stubbs - Approval of Sound Variance for wedding at 227 Schooner Drive on September 13,

                    2026, from 6:00 pm – 10:00 pm (SPE-166)

 

Item 7-A was addressed previously, out of order.

 

8. GENERAL BUSINESS

                A. Rhode Island Department of Environmental Management – Presentation on Chase Marina and
                     comments on Crandall Road PFAS

 

Item 8-A was addressed previously, out of order.

 

                B. Administrator Jones – Update on Crandall Road regarding PFAS

 

Administrator Jones addressed the community's serious concerns regarding PFAS water contamination on Crandall Road, admitting that the town needs to do a better job communicating with its residents moving forward. He announced an upcoming Wednesday meeting involving the town solicitor, the Rhode Island Department of Environmental Management, the Rhode Island Department of Health, and the local water department. He promised to directly voice the concerns of residents during these discussions to ensure the issue gets resolved and information is distributed more effectively to those impacted.

 

                C. Discussion and vote on final amendments to Charter Amendments and their corresponding Ballot
                     Questions (as continued from July 20, 2026)

                1. Article IV Town Council, Section 401

Councilor Paull motioned to approve Article IV Town Council, Section 401 language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

                2. Article VI Financial Services, Sections 602 Town Treasurer through Section 606 Transition

Solicitor Marcello highlighted a key distinction in the drafted text requiring at least four affirmative votes from the town council to approve the appointment. The solicitor noted this creates a higher bar than a standard majority quorum requirement. He

Councilor Paull motioned to approve Article VI Financial Services, Sections 602 Town Treasurer through Section 606 Transition language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

                3. Article VIII Town Officials and Offices, Section 801 Town Clerk

Solicitor Marcello notes the same four affirmative vote distinction would apply.

Councilor Paull motioned to approve Article VIII Town Officials and Offices, Section 801 Town Clerk language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

                4. Article VIII Town Officials and Offices, Section 806 Town Planner

The solicitor noted that as drafted, the role does not require council approval and is appointed by the town administrator for an initial contract period of three years. He clarified that while the council would have to approve the financial contract, they would not necessarily have a say in the actual appointment of the person.

 

After discussion, council adjusted the amendment language to clarify that the town planner will be appointed by the town administrator, subject to the approval of the town council, matching the process used for the police and fire chiefs.

Councilor Paull motioned to approve Article VIII Town Officials and Offices, Section 806 Town Planner language as presented and amended and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

                                5. Article II Elections, Section 204 Transfer of Town Land and Article IV Town Council,

    Section 407

 

Councilor Paull motioned to approve Article II Elections, Section 204 Transfer of Town Land and Article IV Town Council, Section 407 language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

 

                                6. Article VII Budget Committee and Article III Annual Budget Process/Financial Town

                    Referendum, Section 301(b)(6) Budget Committee

 

Councilor Paull motioned to approve Article VII Budget Committee and Article III Annual Budget Process/Financial Town Referendum, Section 301(b)(6) Budget Committee language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

 

                                7. Article X Boards and Commissions, Section 1008 Tiverton Harbor and Coastal Waters

                      Management Commission

 

President Edwards explained the proposal would reduce Harbor Commission members from nine to seven, by removing the planning board member seat and one other standard Harbor Commission seat.

 

Councilor Paull motioned to approve Article X Boards and Commissions, Section 1008 Tiverton Harbor and Coastal Waters Management Commission language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

 

                8. Article X Boards and Commissions, Section 1001 Planning Board

Councilor Perry motioned to approve Article X Boards and Commissions, Section 1001 Planning Board language as presented and the ballot question. Seconded by Councilor Paull, the motion passed unanimously.

                9. Article X Boards and Commissions, Section 1007 Personnel Board

President Edwards noted the change aims to enshrine the council's governance policy into the town charter. Solicitor Marcelo raised a concern regarding a language inconsistency. The text stated the town council is "solely responsible" for hiring the town administrator, but also required all applications to go to the personnel board to determine who is qualified to be interviewed. The council clarified that while the council remains fully responsible for the final hiring decision, the personnel board handles the vetting process. To resolve the linguistic contradiction, the solicitor recommended striking the word "solely" from the clause.

Councilor Paull motioned to approve Article X Boards and Commissions, Section 1007 Personnel Board language as presented and amended and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

                                10. Article X Boards and Commissions, Section 1002 Zoning Board of Review

 

Councilor Paull motioned to approve Article X Boards and Commissions, Section 1002 Zoning Board of Review language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

                11. Article X Boards and Commissions, Section 1014 Economic Development Commission

Councilor Paull motioned to approve Article X Boards and Commissions, Section 1014 Economic Development Commission language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

                12. Article XI School Department, Section 1101 School Committee

Councilor Paull motioned to approve Article XI School Department, Section 1101 School Committee language as presented and the ballot question. Seconded by Councilor Perry, the motion passed unanimously.

 

At the Solicitor’s request, a motion was made to allow for non-substantive changes if necessary. 

 

Councilor Perry motioned to authorize the Solicitor and the Town Clerk the ability to make non-substantive or scriveners error changes to the language and or the ballot questions. Seconded by Councilor Janick, the motion passed unanimously.

                D. Sylvia Road residents Tom & Holly Flanagan, Gail Sylvia and Mary Ellen George – Discussion regarding

                      concerns over potential to transform Sylvia Road into a one-way street

 

President Edwards notes they have already heard from a resident during the earlier public comment section. He reassures the audience that neighbors will be fully involved in the discussions once the ongoing traffic study is completed. Administrator Jones added that they expect an upcoming report combining recommendations from both the police department and the DPW. If the plan moves forward, it will be formally advertised as a proposed ordinance, providing residents with another designated section for public comment.

 

                E. Jon Hunter/Alexander Olarte, 496 Riverside Drive – Discussion and possible vote regarding permission

                     to use portion of right-of-way (ROW) on an unimproved section of Riverside Drive

 

Mr. Hunter and Mr. Olarte were requesting permission to construct stairs leading down to Riverside Drive, as Riverside Drive is an unmaintained walking path rather than a drivable road, and the steps must land within 50 feet of town property, they require a variance from the town council. Planner Chris Spencer explained that the DPW has no plans to improve that section of the road and clarified the request is strictly for the use of landing the steps and does not involve the sale of town property or a permanent easement. He also points out that while many neighbors have already installed similar stairs over the years, these applicants are choosing to do it the official way. The Administrator and Solicitor clarify that if approved, the agreement will be a revocable permission, allowing the town to pull back access at any time in the future if broader development or unforeseen issues (like hurricanes) arise. The final written agreement will also mandate that the homeowners assume all liability if someone falls.

 

Councilor Edwards V motioned to instruct the solicitor to draft an agreement for a revocable right-of-way access on town property in front of their building to land stairs. Seconded by Councilor Janick, the motion passed unanimously.

 

                F. Blake Hayden, 214 Highland Rd – Discussion and possible vote regarding proposal for a Seasonal

                     Educational Agritourism Program

 

Mr. Hayden presented a proposal for a Seasonal Educational Agritourism Program at his family's generational property on Highland Road, describing it as a non-commercial, educational farming experience designed to teach children and families beekeeping and basic farming skills, noting that incoming funds would strictly be donations. His goal is to preserve the land as a small farm for future generations, warning that he will have to move forward with a development plan if the town does not support the agricultural program.

 

Council expresses strong conceptual support for the project with President Edwards stating the neighborhood would much prefer bees, chickens, and trees over a five-story housing development. He notes that this type of use could also provide a beneficial alternative revenue stream for other local farms in South Tiverton. The Solicitor confirmed that Mr. Hayden's current educational farm activities are not technically allowed under the town's existing zoning code and would require a zoning use definition change in the town's district use table. The process originates with the Planner and the Planning Board, as they can draft, advertise, and recommend the exact amendment language directly to the Council for a final vote. Planner Spencer will work directly with Mr. Hayden on the language drafting process.

 

                G. Police Chief Costa – Discussion and possible vote to approve contract for Automated License Plate

                     Reader services

 

Chief Costa introduced a representative from Flock Safety in advance of the Council discussion on the automated license plate reader (ALPR) services contract.

 

Chief Costa strongly defended the technology against privacy concerns, stating it is entirely legal and has been tested in the courts. He lists several local crimes solved using Flock data, including a fatal hit-and-run, an armed robbery, organized retail theft, child pornography production, elder scams, and locating a missing Alzheimer's patient. He emphasizes that officers are held strictly accountable, and the department conducts internal audits of the system every 30 days.

 

Carl Bach from Flock Safety provided an overview of the system. He clarified the cameras capture still snapshots of the rear of a vehicle (license plates, make, model, color), not continuous video or facial recognition, and the data is automatically deleted after 30 days. He states the data is encrypted via secure AWS GovCloud servers and confirms large commercial retailers like Home Depot and Lowe's also utilize their services.

 

Councilor Janick questioned voting on a contract when the only document provided is a purchase order/quote, rather than the master services agreement. The Solicitor explained that no official service contract has been executed yet because they were waiting for Council approval first.

 

Councilor Paull motioned to approve the contract for Automated License Plate Reader services, subject to review by the Solicitor of the contract and inclusion of a termination clause. Seconded by Councilor Perry, motion passed 3-1, with Councilor Janick opposed

 

                H. Bruce Cox/Harbor Commission – Discussion and possible vote regarding Memorial Bench program

 

Mr. Cox explained he has been pushing for a memorial bench policy since 2023. He argues that a memorial bench is simple—a private citizen donating a bench to a town-approved site. He warns against a more complex naming policy that includes living citizens, citing historical controversies where entities had to rename public buildings later.

 

Recreation Chair Stu Gilfillan argued for a more comprehensive town-wide naming roadmap, mentioning that requests have previously come from grandparents wanting to name "buddy benches" after living grandchildren. He emphasized the need to clarify jurisdictional lines, as the Harbor Commission wanted to place benches at Grinnell’s Beach, which is actually under Recreation's purview.

 

Both parties agree to meet on their own, reconcile their two different draft proposals, and report back to the Council within a streamlined timeline. The item was continued to the next meeting.

 

I. Receipt of Recommendation from Planning Board related to amending Zoning Ordinance - District

    Use Tables Article IV, District Use Regulation, Section 18, Age Restricted Mixed Use Community,
    subsections B(1), C, L and M, and request to advertise the proposed amendment for a public hearing

 

Councilor Paull motioned to approve advertising for a public hearing on the proposed Zoning Ordinance amendments - District Use Tables Article IV, District Use Regulation, Section 18, Age Restricted Mixed Use Community, subsections B(1), C, L and M. Seconded by Councilor Janick, the motion passed unanimously.

 

                J. Administrator Jones – Discussion and possible vote to authorize the Administrator to reimburse the

                    City of Woonsocket for $10,000

 

Administrator Jones explained the payment is required due to a lateral transfer law enacted by the General Assembly, which applies to a recently hired firefighter.

 

Councilor Paull motioned to authorize the Administrator to reimburse the City of Woonsocket for an amount not to exceed $10,000. Seconded by Councilor Janick, the motion passed unanimously.

 

                K. Administrator Jones - Discussion and possible vote to award the Professional Audit Services contract

                     to Hague, Sahady & Co. P.C.

 

Councilor Perry motioned to award the Professional Audit Services contract to Hague, Sahady & Co. P.C. Seconded by Councilor Janick, the motion passed unanimously.

 

9. EXECUTIVE SESSION

 

A. Solicitor Marcello – R.I. Gen. Laws § 42-46-5(a)(2) - Potential litigation regarding tax treaty with

     Twin River Tiverton, LLC

 

Councilor Edwards V motioned to enter into Executive Session for agenda item 9-A. Seconded by Councilor Paull, the motion passed unanimously.

 

The Council entered a closed executive session at approximately 10:57 p.m.

 

The Council returned to open session at approximately 11:25 p.m.

 

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

 

Solicitor Marcello reported that item 9-A was general discussion; no votes were taken.

 

10. ADJOURNMENT

Councilor Janick motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion passed unanimously.

 

The meeting adjourned at 11:26 p.m.  

 

A True Copy.

 

 

ATTEST______________________________________

                          Joan B. Chabot, CMC, Town Clerk