STATE OF RHODE ISLAND, COUNTY OF NEWPORT

The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Council Meeting on Wednesday, December 14, 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

Joseph C. Perry

Deborah G. Janick

Jay P. Edwards

Dennis J. Milbourne

 

Absent
John G. Edwards V

Solicitor Marcello, Administrator Cotta, 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. November 28, 2022 – Regular Meeting
     2. November 28, 2022 – Executive Session

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Historic Preservation Advisory Board – (1)
     2. Open Space and Land Preservation – (1)
     3. Zoning Board - (1) 
     4. Harbor Commission – (1)       

 

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – November 2022

     2. Police and Fire Department Overtime Reports – November 2022

 

D. Acknowledge Receipt of Correspondence

     1. Town of Little Compton - Resolution urging the Rhode Island General Assembly to recognize June
          19, Juneteenth National Independence Day, as an official Rhode Island state holiday   

     2. John, Nahla, Diana and Karen Ephraim – letters re: concerns about proposed NorthPoint
          development project

       

E. Councilor deMedeiros – Approval of Bay Street Moratorium Extension to June 30, 2023

 

F. Approval of Town Council 2023 Meeting Calendar

 

G. Town Clerk - Approval of advertisement funds for 2023 Annual Tree Warden Appointment

 

H. Town Administrator – Approval of advertisement funds for Part-Time Senior Center Bus Driver

 

Councilor Perry motioned to approve Consent Agenda items. Seconded by Councilor Edwards, the motion passed unanimously.

Councilor Burk motioned to move item 8-I forward. Seconded by Councilor Milbourne, the motion passed unanimously.

                I. Council President deMedeiros – Northpoint update

               

Council President deMedeiros announced that NorthPoint Development Corp. had terminated its purchase and sales agreement with the town, citing financial market concerns. Northpoint had provided due diligence findings including wetlands surveys and more. She expressed hope that Northpoint might return at a later date. The land will be continued to be offered for sale.

 

Councilor Edwards motioned to move items 7-A and B forward. Seconded by Councilor Perry, the motion passed unanimously.

 

7. APPOINTMENTS – Discussion and possible votes

                A. Harbor Master – Annual Term expiring 12/31/2023

                     1. Tyler Loomis, 89 John Duggan Road – Requests Annual Re-Appointment with Harbor and Coastal

                        Waters Management Commission Recommendation

 

Councilor Perry motioned to re-appoint Tyler Loomis as Harbor Master for an annual term ending 12/31/2023. Seconded by Councilor Burk, the motion passed unanimously.

 

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

                     1. Alize Gomes, 23 Willow Street - Request appointment for a term ending 10/15/2025

 

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

 

Councilor Edwards motioned to appoint Alize Gomes to the Library Board of Trustees, for a term ending 10/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

 

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

                A. Comments received: Christopher D. Lewis - letter re: Short-Term Rentals (STR)

 

Council President deMedeiros stated she would hold the STR comments until the public hearing conversation.

 

Resident Karen Ephraim spoke re: the Northpoint development. Referencing a letter she previously sent to the council, she reiterated concerns related to proper setbacks, drinking water supply, wildlife habitat impacts and quality of life for residents.

 

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

                A. Approval of the proposed amendment to the Tiverton Code of Ordinances Appendix A Zoning, Short

                     Term Rentals

                     1. Planning Board recommendation

 

Councilor Vice President Burk began discussion, thanking the Planning Board for a thorough response that provided good perspective. With regard to criticism of the draft ordinance, he reminded that it was a starting point meant to be shaped by public feedback. He acknowledged some thought the ordinance went too far, while others thought it didn’t go far enough. He recognized short-term rentals as a business that needed to be regulated as such. He stated that as the ordinance needed more work, a formal decision tonight would be unlikely.     

 

Council President deMedeiros reiterated no decision would happen at this meeting. She opened the public hearing, noting the comment period would be shortened, limited to 3 minutes per speaker. She asked speakers to refrain from repeating comments made at a prior hearing or repeating what other speakers have said.  

 

Resident John Reed expressed concerns that his waterfront neighborhood community on Riverside Drive was being eroded by short-term rentals (STR’s). He stated that three of nine homes on his street were now short-term rentals, fearing more would follow.  

 

Resident Michael Meyer spoke about the APRA request he had recently submitted. To better gauge the level of opposition, he had asked for cited negative correspondence, as well as police and fire incident records, going back three years. He said the returned information was skimpy. He reiterated a previous suggestion that the town takes time to address the consequential issues and convene a subcommittee comprised of key stakeholders along with real estate and legal experts to draft a regulation that makes sense for the realities the town faces.

Referencing Mr. Meyer’s APRA request mention, Council President deMedeiros informed that Council is not required to make emails public, adding that protecting resident’s confidentiality was important to her.   

Resident John Moran, another Riverside Drive resident, opined that STR’s are businesses that have been allowed to operate outside of zoning without any rules. He relayed a parking issue that had occurred when a neighboring STR had hosted a large wedding party. Mr. Moran noted that if a committee was formed, he would volunteer his assistance.

Several short-term rental (STR) property owners spoke, declaring they run their STRs responsibly, in some cases for decades, without neighbor complaints. The proposed $1,000.00 annual fee as well as the owner residence distance requirement were mentioned as unreasonable. Some noted the positive impact on local tourism business as well as the town, generating jobs and tax revenue, while others told of how their rentals help cover property taxes and maintenance expenses.

 

President deMedeiros closed the public hearing and opened the floor to the Council for discussion.

 

President deMedeiros felt that non-owner occupied STR’s should be prohibited from using town trash services. She expressed that on-street parking should be addressed, and a tier-type system for annual fees be considered. She furthered that no parties should be allowed, septic systems are in compliance, and health and safety inspections be required.

 

Councilor Janick, in reference to the owner’s location, suggested a distance radius rather than a Tiverton resident requirement. She also likes the idea of writing rules that guests must abide by.    

 

Councilor Edwards did not agree with the idea of a special use permit, where the license stayed with the property if ownership changed. He agreed with no on-street parking, no events, and annual safety inspections.    

 

Councilor Milbourne agreed with the idea of a tiered fee system, possibly related to the STR’s income.  

 

Solicitor Marcello suggested it might be possible to appeal to the legislature in January to allow regulation by an annual special use permit that didn’t run with the land.

 

The discussion concluded with the Councilors agreeing the current draft would be reworked based on the feedback received and a revised draft ordinance will be reviewed at the first meeting in February.

 

8. GENERAL BUSINESS

                A. Councilor President deMedeiros – Assignment of Town Councilor Liaisons for Boards and Commission

Councilor deMedeiros noted several vacancies for the various Boards & Commissions and requested fellow members to consider volunteering as liaisons. The following changes were made to the current Board and Commission Liaison list. 

Library Board: Councilor deMedeiros resigned and Councilors Melbourne and Edwards joined. Housing Authority: Councilor Burk resigned. Recreation Committee: Councilor Melbourne joined. Arts Commission: Councilor Melbourne joined. Canvassing: Councilor Edwards. Harbor & Coastal: Councilor Burk. Historical Cemeteries: Councilor Edwards. Historic Preservation Advisory Board: Councilor Edwards. Police Pension: Councilor Perry resigned and Councilor deMedeiros joined. School Committee: Councilor Perry resigned.

It was decided to revisit this item at the next meeting to give Councilor Edwards V an opportunity to volunteer.  

                B. Tax Assessor Robert – Discussion and possible vote to award Statistical Evaluation contract to
                     Northeast Revaluation Group

Referring to Assessor Robert’s intention to recommend a bid award to Northeast Revaluation, Council President deMedeiros stated she had a problem with the recommendation, based on issues during last year’s revaluation conducted by the same company. Assessor Robert explained the Northeast bid was almost $100,000 lower than Vision Government Solutions. He acknowledged last year’s difficulties, stating revaluations rarely happen without issue. Mr. Robert expressed confidence the software error had been fully resolved and would not reoccur. He was comfortable with Northeast’s new staff and had recently met with the co-founder, who would personally oversee the project. He added that previous revaluations with Vision had also been problematic with software issues. He preferred Northeast’s software, noting that, unlike Vision, annual maintenance and data hosting costs were included.  

 
Councilor Perry motioned to award the Statistical Evaluation contract to Northeast Revaluation Group for $144,400.00. Seconded by Councilor Edwards, the motion passed 5-1, with Councilor deMedeiros opposed.

               

                C. DPW Director Rogers - Discussion and possible vote to change the Town Ordinance regarding
                     allowable locations for donation containers and to fund advertising for applicable Ordinance
                     amendment (continued from 11/28/2022)

 

Councilor Burk motioned to approve advertising funds for the relative public hearing. Seconded by Councilor Edwards, the motion passed unanimously.

               

                D. DPW Director Rogers – Discussion and possible vote to approve MTG Disposal LLC December 2022
                     trucking charge to transport curbside trash collection to RIRRC plus an increase in their fuel
                     adjustment estimated usage from 1,550 gallons to 2,170 gallons

 

Councilor Burk motioned to approve MTG Disposal LLC December 2022 trucking charge to transport curbside trash collection to RIRRC plus an increase in their fuel adjustment estimated usage from 1,550 gallons to 2,170 gallons. Seconded by Councilor Perry, the motion passed unanimously.

                E. DPW Director Rogers – Discussion and possible vote to approve MTG Disposal, LLC contract extension
                     for the period January 1, 2023 thru June 30, 2023 which includes an increase in their fuel adjustment
                     estimated usage from 1,550 gallons to 2,170 gallons per month

 

Councilor Burk motioned to approve MTG Disposal, LLC contract extension for the period January 1, 2023 thru June 30, 2023 which includes an increase in their fuel adjustment estimated usage from 1,550 gallons to 2,170 gallons per month. Seconded by Councilor Perry, the motion passed unanimously.

 

                F. DPW Director Rogers – Update on the Landfill Capping project, particularly Phase 4

 

Director Rogers noted that phases 1, 2 and 3 are to a great extent, completed, and phase 4 will begin January 1.  Administrator Cotta handed out a Landfill Closure Spending report, showing the current balance to close was approximately 4.8 million. The current account balance was 3.4 million, leaving a shortage of 1.4 million. The Administrator recommended funding shortage balance from American Recovery monies. He added that fencing the entire area, an unanticipated cost covered by contingency, was likely to happen. It was noted that Pay As You Throw (PAYT) program would continue to cover ongoing maintenance costs of closure.

 

                G. Administrator Cotta - Discussion and possible vote to advertise RFP for mooring software to manage
                     moorings, applications and renewals

 

Councilor Burk motioned to authorize the Administrator to advertise RFP for mooring software to manage
moorings, applications and renewals after discussing with Recreation Commission Chair to see if there's any overlap. Seconded by Councilor Perry, the motion passed unanimously.

 

                H. Solicitor Marcello – Discussion and possible vote to approve a resolution to authorize the Town

                     Council President or Town Administrator to sign a deed transferring Monast Island to the Rhode

                     Island Department of Environmental Management

 

Councilor Burk motioned to approve the resolution of the town of Tiverton to authorize the transfer of Monast Island with a change to the ‘therefore’ clause to reflect the Town Council President and/or the Town Administrator for signing purposes. Seconded by Councilor Edwards, the motion passed unanimously.

                 

                J. Council President deMedeiros – Scheduling of the Initial Joint Budget Workshop with the School

                     Committee and Budget Committee per Section 301(b)(1) of the Home Rule Charter.

 

Council President deMedeiros reminded that per Charter, Council must meet with the School Committee and Budget Committee by January 15. It was decided to schedule a meeting on Thursday, January 12, 2023.

 

Council President deMedeiros asked to table items K and L until after executive session.

 

Councilor Burk motioned to table items K and L until after executive session. Seconded by Councilor Perry, the motion passed unanimously.

 

9. EXECUTIVE SESSION

                A. Town Administrator - 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Police Chief
                     Patrick Jones - Notice given (continued from 11/28/2022)

 

                B. Town Administrator - 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Deputy
                     Police Chief James Costa - Notice given (continued from 11/28/2022)

 

                C. Town Solicitor – RIGL-42-46-5(a)(2) Litigation:  LB Corp v. Town of Tiverton (NC 2021-0401) discussion,

                     review and potential vote on a proposed settlement of a tax appeal for property at 0 Fish Road, Plat

                     107/Lot 106 and potential grant of easement to plaintiff over town-owned property

 

Councilor Edwards motioned to enter Executive Session for agenda items 9-A, B and C. Councilor Perry seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 10:01 p.m.

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

 

                K. Administrator Cotta - Discussion and possible vote to approve proposed fiscal impact statement to
                     existing contract to become effective 12/14/2022 for Police Chief Jones (continued from 11/28/2022)

 

Councilor Edwards motioned to approve a 10% increase to base salary with evaluation in 6 months for Chief Jones. Councilor Perry seconded the motion. The motion passed unanimously.

 

                L. Administrator Cotta - Discussion and possible vote to approve proposed fiscal impact statement to
                    existing contract to become effective retroactive to 10/21/2022 for Deputy Police Chief Costa
                    (continued from 11/28/2022)

 

Councilor Edwards motioned to approve a 10% increase to base salary with evaluation in 6 months for Deputy Chief Costa. Councilor Perry seconded the motion. The motion passed unanimously.

 

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

 

Solicitor Marcello reported that for items 9A and 9B discussion only and for item 9C Council voted 6-0 to grant an easement to LB Corp, subject to the finalization of settlement agreement.

 

10. ADJOURNMENT

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

 

A True Copy.

 

 

ATTEST______________________________________

                         Joan B. Chabot, Town Clerk