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, January 31, 2022 at 7:00 PM via a Virtual Meeting viewable at Tiverton Videos on YouTube.

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

Council President deMedeiros	Council Vice President Burk	Councilor Janick
Councilor Cook	Council Edwards	Councilor Vieira

Absent
Councilor Perry

 

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

4. APPOINTMENTS AND RESIGNATIONS

A. Solar Ordinance Advisory Committee - (2) Town Council Representatives

 

Councilor Burk motioned to appoint Councilor Jay Edwards to the Solar Ordinance Advisory Committee. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards motioned to appoint Councilor Mike Burk to the Solar Ordinance Advisory Committee. Seconded by Councilor Janick, the motion passed unanimously.

 

5. GENERAL BUSINESS

               A. Town Administrator – Discussion and possible vote to move forward with applying for Safer Grant

 

Continued from previous meeting for lack of backup, Administrator Cotta had now included notice of funding opportunity, blank application, and financial data on basic entry level salary/benefits for a probationary firefighter for the three year period. He explained full positions would cover debit days only. Currently, there are four platoons of seven members equaling 28 men. Every 28 days, each member provides a debit day - a 24-hour shift on an alternate shift other than their own - to provide coverage for sick, family medical, personal time etc. but doesn't mitigate all overtime.

 

Chief Reimels outlined his plan to have four entry level positions that would address staffing issue by the July 1 requirements. In his opinion, the firefighters as well as residents deserve to have a fire department properly staffed with nine members. He added that four new firefighters only gets back to staffing levels put in place in 2006. He noted there were 3437 calls in 2021, well above 2119 calls in 2006. Labor Attorney Cavazza stated overall staffing level of the department is up to the prerogative of the town provided no fewer than seven on shift at any given time pursuant to the contract.

 

The Administrator explained the Safer agreement doesn't alleviate state law but provides a mechanism to comply with NFPA 1710, relating to the number of men available on a particular shift, and not designed to offset overtime. The grant will have eight men on staff and eliminate the debit day, but an overtime component will exist as part of the budget.

 

After significant discussion, Councilors were in general agreement the federal money would represent close to a million dollar savings over three years that would need to be spent regardless, due to upcoming state law requirement. Administrator Cotta confirmed there was no match requirement, but funds for uniforms and training requirements would need to be provided by the town.

 

Councilor Edwards motioned to authorize the Town Administrator, with the assistance of the Fire Chief to move forward with the Safer Grant application, with the expectation that we will hire four new firefighters for a period of three years to be paid for by the Safer Grant. Administrator Cotta will be authorized to sign the application. Seconded by Councilor Vieira, the motion passed unanimously.

 

                B. Short Term Rental Ordinance – Review and discussion of proposed STR Ordinance, consideration of
                   potential amendments based on public comment, review, and possible review to Planning Board for
                   comment related to conformity to the comprehensive plan

 

Councilor Edwards began by referencing two anonymous letters related to Short Term Rentals (STR) received mid-January. He believed both were written by same individual. He acknowledged the letter contained “some excellent points,” the letters were highly critical of the Council, accusing it of willingly ignoring state and local laws, ordinances, as well as Town Solicitor’s advice. He countered, stating Council has had ongoing discussions, solicited resident opinions, and has not yet reached a consensus of opinion. He invited the author(s) to assist with the issue of short-term rentals in a meaningful way, rather than “taking pot shots at the council from behind the cloak of anonymity.” Aside from that, it was his opinion the proposed ordinance is not ready to go to the Planning Board, suggesting serious consideration via the use of an advisory committee.

 

Councilor Burk disagreed with idea of advisory committee. He acknowledged significant pieces still need addressing, but adequate feedback has been received and re-drafting should suffice. He affirmed he would not approve anything that did not require off-street parking. He believed STR’s should be viewed as businesses in a residential area and should be a little more difficult to have. He added that we require businesses to have parking for customers so why not the same for STR’s. It was also his opinion the $100 fee was too low, limits of 2 people per bedroom should be set, as well as not allowing STR’s in homes with cesspools.  

 

Councilor Cook questioned the need for special ordinances (for ex. noise and parking) with current ordinances in place that should suffice. She indicated that towns/cities with ordinances still have problems with STR’s that require mitigation and staff hiring to deal with onerous oversight and monitoring. She stated if hiring new staff to handle STR’s was necessary, she would be against it. She believed ordinance was still a work in progress, and we need to either get it right or not have it at all.

 

Councilor Vieira was in agreement with Councilor Burk and thought ordinance should be re-drafted based on his suggestions.

 

Council President deMedeiros agreed STR’s were essentially a business in a residential area that is currently not allowed. She furthered many residents were afraid of neighborhoods turning into business districts. It was her opinion that STR’s should not be allowed at all if there were not enough restrictions. She also shared the concern of potential costs and burden of administration and enforcement.  

 

Councilor Janick mentioned many short-term rentals have quietly existed without issue and provide economic contributions. She had also received letters/feedback from those concerned about potential issues related to noise, parking and/or being priced out of their neighborhood. She also suggested perhaps finalization of ordinance should wait until after state guidelines come out. She had concerns about one day or weekend only rentals that bring in large numbers of persons. She questioned what happens to its status when an STR property sells. She did not believe ordinance was ready to go to the Planning Board.

 

Solicitor Marcello, mentioning ordinance is currently drafted as a special use permit in every residential zone, and suggested possible disallowance in compact areas such as R30 and R40. He acknowledged simple licensing would be easier, however state requirement is to regulate via Zoning. He concurred with Councilor Burk that STR’s are running a business out of a residential zone. He explained when inspection is done, the maximum number of persons allowed will be determined by the ISDS, but was uncertain how it could be enforced.

 

Discussion continued around special event licensing and off-street parking requirements as set forth in the zoning code. It was decided to send draft back to the Solicitor for modification and future review prior to sending to Planning Board.  

 

 

Council President deMedeiros queried Council on a date to schedule a Joint Town Council/School Committee meeting. It was determined to be held on February 8, 2022 at 6 p.m. 

 

 

6. ADJOURNMENT

Councilor Vieira motioned to adjourn the meeting. Seconded by Councilor Edwards, the motion passed unanimously. The meeting adjourned at 8:45 p.m.

 

 

A True Copy.

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk