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, April 10, 2023, 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
Deborah G. Janick                                           

Absent
Joseph C. Perry     Jay P. Edwards     Dennis J. Milbourne

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

 

4. EXECUTIVE SESSION

A. Town Solicitor – R.I.G.L. 42-46-5(a)(2) Town of Tiverton v. Longplex and Tiverton Zoning

     Board of Appeals (NC-2023-0036); Litigation Update and enforcement actions.

 

Councilor Edwards V motioned to enter Executive Session for agenda item 4A. Councilor Burk seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 6:10 p.m.

Council returned to open session at approximately 7:10 p.m.

 

BUSINESS BROUGHT BEFORE THE COUNCIL

Council President deMedeiros read the items on the Consent Agenda.

 

5. 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. March 21 – Special Meeting (Councilor Perry abstains, absent)

     2. March 27 – Regular Meeting (Councilor Milbourne abstains, absent)

     3. March 27 – Executive Session (Councilor Milbourne abstains, absent)

 

B. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – March 2023
     2. Town Administrator – Police and Fire Department Overtime Reports – March 2023

     3. Boards & Commissions 2022 Annual Reports: Planning Board, Historical Cemeteries Commission,

          and Economic Development Commission

C. Acknowledge Receipt of Correspondence

     1. City of Woonsocket – Resolution in support of H5160/S0175 regarding Payday Lending Reform

     2. Town of Charlestown – Resolution in support of H5788 regarding state hotel tax distribution

     3. Town of Charlestown – Resolution in support of H6119 and S0516 regarding medical assistance

     4. Town of Burrillville – Resolution in opposition to gun control legislation

 

D. Approval of Tax Assessor Abatements – $29.30

 

E. DPW Director Rogers – Requests approval of funds to advertise bids for the following supplies:

                     1. Concrete Block Catch Basin Structures

                     2. Unleaded Gasoline, Clear Ultra Sulfur Diesel Fuel

                     3. Tub Grinding Services

                     4. Guard Rail Installation

                     5. Uniform Rental Service

 

Councilor Edwards V removed item 5-E from the Consent Agenda.   

Councilor Edwards V motioned to approve Consent Agenda items except for 5-E. Seconded by Councilor Janick, the motion passed unanimously.

Councilor Edwards V noted he appreciated the Council President moving bid advertisements to Consent Agenda. 

Councilor Edwards V motioned to approve Consent Agenda item 5-E. Seconded by Councilor Edwards, the motion passed unanimously.

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

                A. Comments: None      

 

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

                A. Robert Barrile/Sakonnet Recycling, 413 Bulgarmarsh Road – Discussion and possible vote for approval
                     of an Auto Junkyard/Secondhand Dealer license, subject to meeting all legal requirements.

 

Mr. Barrile requested renewal of the expired business license while he had temporarily shut down during the covid pandemic. 

 

Council President deMedeiros opened the public hearing. No one presented to speak and the public hearing was closed.

 

Councilor Edwards V motioned to approve Auto Junkyard/Secondhand Dealer license for Robert Barrile/Sakonnet Recycling, 413 Bulgarmarsh Road, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Approval of the proposed amendment to Tiverton Code of Ordinances - Chapter 2 Administration,

                     Section 2.1 – Fees and fines for proposed changes to the Summer Camp fees, including the addition

                    of aftercare program fees

 

Council President deMedeiros opened the public hearing. No one presented to speak and the public hearing was closed.

 

Councilor Edwards V motioned to approve the amendment to Tiverton Code of Ordinances - Chapter 2 Administration, Section 2.1 – Fees and fines for changes to the Summer Camp fees, as outlined by the Chair of the Recreation Board. Seconded by Councilor Janick, the motion passed unanimously.

8. BOARD OF LICENSING – Discussion and possible votes

                A. Library Director Damaini - Request approval of Class F One-Day Liquor License for a fundraising gala
                     event on Saturday, May 6, 2023

 

Councilor Burk motioned to approve the Class F One-Day Liquor License for a fundraising gala event on Saturday, May 6, 2023, subject to meeting all legal requirements. Seconded by Councilor Edwards V, the motion passed unanimously.

                B. Longplex/Tiverton Recreation, LLC on behalf of Grand Wedding Expo, Inc. – Request approval of
                     special event license for home and garden show on April 22, 2023, from 12:00 am to 7:00 pm and

                     April 23, 2023, from 10:00 am to 5:00 pm

 

Council President deMedeiros opened the discussion by noting that parking would be allowed only on designated paved parking areas, not the dirt parking lot or grassy areas. Fire Marshal Murphy stated the top floor must be closed during the “high hazard” event as a requirement of the state Fire Code Board of Appeal and Review. Council President deMedeiros also recommended police and fire detail be present. Marshal Murphy added that the fire code requires one crowd manager for every 250 people.

 

Solicitor Marcello added that any special event license approval for Longplex should include language indicating it is without prejudice and the town does not waive any interest or defenses it may have to the zoning violation that is currently pending in Superior Court.

 

Councilor Burk motioned to approve the Grand Wedding Expo event at Longplex/Tiverton Recreation, LLC for a special event license for a home and garden show on April 22^nd, 2023 from 12:00 pm to 7:00 pm and
April 23, 2023, from 10:00 am to 5:00 pm with the following stipulations: All findings of the fire code board of appeals decision are met provided that is still active, that there be a police and fire detail, two crowd managers, all parking be on paved line surfaces only, that no other activities occur other than the flag football team and any professional services that have appointments that day and the restaurant and that all individuals coming into the facility be counted either for the event Itself by the event manager and anyone
else by Longplex, and that by approving this license the town retains and does not waive any and all defenses in the case that is currently pending regarding the zoning violation. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Longplex/Tiverton Recreation, LLC on behalf of Green Kids Consignment, LLC – Request approval of
                     special event license for children’s consignment sale on April 27, 2023, from 10:00 am to 8:00 pm,
                     April 28, 2023, from 9:00 am to 7:00 pm and April 29, 2023, from 9:00 am to 3:00 pm

               

Councilor Burk motioned to approve Longplex/Tiverton Recreation, LLC on behalf of Green Kids Consignment, LLC, the special event license for children’s consignment sale on April 27, 2023, from 10:00 am to 8:00 pm,
April 28, 2023, from 9:00 am to 7:00 pm and April 29, 2023, from 9:00 am to 3:00 pm with the stipulation that all parking for the facility be limited to designated line parking spots, that the floor plan meets the approval of the fire marshal and that by the granting of this license, the town of Tiverton does not waive any at all defenses related to the zoning appeal currently pending in Newport Superior Court or constitute a waiver of any defenses. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                D. Attorney Pare/David Rose – Hearing on the appeal to the Tiverton Town Council from the Decision of
                     the Tiverton Harbor & Coastal Waters Management Commission

 

Attorney Ed Pare representing Mr. Rose summarized his written memorandum in support of Mr. Rose’s appeal of the Harbor Commission’s split decision affirming the Harbormaster’s determination that Mr. Rose was limited to two rather than four riparian moorings under the Tiverton Code of Ordinance. He stated Mr. Rose has over 1600 feet of coastal frontage that would easily accommodate four riparian moorings. He furthered that under the town's ordinance and case law, riparian moorings have a special place under the ordinance and are not in any way tied under the definitional section or linked to any criteria for the ownership of vessels. He appealed to the Council to reverse the Harbor Commission’s decision. Mr. Pare furthered that Mr. Rose should receive equal treatment and be allowed to choose the site of his moorings provided they meet CRMC requirements. He referenced an occurrence in 2022 where a Tiverton Harbor Commission member had an issue resolved whereas, after the determination of the lateral lot lines, he was allowed to select his locations.   

 

Harbor Commission Chair Bruce Cox and Harbormaster Tyler Loomis were sworn in before testimony. Solicitor Marcello noted the council was now sitting as a Board of Appeal.

 

Mr. Loomis stated at the time of application, dated 7/31/2021, only one boat was applied for, therefore he granted one mooring and one guest mooring.  Subsequently, Mr. Rose gave information about another vessel, and this spring another application was made for another vessel. Solicitor Marcello reminded the council could only rule on the 7/31/2021 dated application.    

 

Harbor Commission Chair Cox clarified at the time the Harbor Commission was acting on the decision of the Harbormaster there was but one boat to be considered. He dispelled a concept advanced in Mr. Pare’s memo that a one-to-one ratio was adopted by the Harbor Commission. He acknowledged that the matters brought forward by Mr. Rose and Mr. Pare, have made the commission focus on several mooring field issues. He stated that in Mr. Pare’s own exhibit was a memorandum by CRMC that gave examples of situations where riparian rights do not guarantee an owner a mooring. Based on the original application, he supported the Harbormaster’s original decision to allow Mr. Rose two moorings.    

 

Mr. Pare asked Mr. Loomis if he had ever denied an application for moorings, riparian or otherwise, on the sole basis that they lacked an accurate land survey at the time of the application. Mr. Loomis replied he was not sure.

Mr. Pare then asked Mr. Loomis if after he granted Mr. Rose's two riparian moorings in May of 2022, did he arrange a meeting with Mr. Rose to determine the location. Mr. Loomis replied he did not have a chance as he had just received a notice from the lawyer.  

 

After discussion and questions, Solicitor Marcello suggested the council hold on making a decision until he provided a statutory analysis memorandum based upon arguments heard today.

 

(For a complete view of the hearing, please see the YouTube Channel).

 

Councilor Burk motioned to close the hearing on the matter and table any vote until the next meeting where we will have legal guidance from our solicitor. Seconded by Councilor Janick, the motion passed unanimously.

9. GENERAL BUSINESS

A. Stu Gilfillen/Recreation Committee – Discussion and possible vote to award the contract to

     PYROTECNICO for the fireworks show on May 28, 2023 (rain date May 29, 2023) in an amount not to 

     exceed $40,000

 

Councilor Edwards V motioned to award the contract to PYROTECNICO for the fireworks show on May 28, 2023 (rain date May 29, 2023) in an amount not to exceed $40,000, as requested by Chair Gilfillen. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Stu Gilfillen/Recreation Committee - Discussion and possible vote to approve funds to advertise

    an RFP for Mobile Parking Payment System for Grinnell’s and Fogland Beaches

 

Councilor Edwards V motioned to approve funds to advertise an RFP for Mobile Parking Payment System for Grinnell’s and Fogland Beaches as requested by Chair Gilfillen. Seconded by Councilor Burk, the motion passed unanimously.

 

C. David Paull/Dog Park Advisory Committee - Discussion and possible vote to amend the Resolution

     Establishing an Advisory Dog Park Committee from eleven members to nine members

 

Councilor Burk motioned to amend the Resolution Establishing an Advisory Dog Park Committee from eleven members to nine members.  Seconded by Councilor Edwards V, the motion passed unanimously.

 

                D. Fire Chief Bailey – Discussion and possible vote to spend $506,179.08 in items related to USDA
                     Emergency Healthcare Grant

 

Councilor Burk motioned to approve the spending of $506,179.08 in items listed, subject to the receipt of the Grant from the USDA for $505,948.00 with the difference to be made up from general operating. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                E. Town Administrator/Police Chief Jones - Discussion and possible vote to approve Memorandum Of
                     Understanding between School Department and Police Department regarding School Resource
                     Officer

 

As the School Department and School Committee had taken no action on the MOU, no council decision could be made. Administrator Cotta was to provide the council with copies of the last draft of the MOU.

 

                F. Town Clerk – Discussion and possible vote regarding date for Special Election for Charter Review
                    Commission

 

Clerk Chabot advised that special election dates for Congressional District 1 would be September 5, 2023, for the primary and November 7, 2023, for the general. The Charter Review Commission election could be held in combination with the November 7 election or a special election could be held on August 8, 2023.

 

Councilor Edwards V motioned to hold the Charter Review Commission election on August 8, 2023. Seconded by Councilor Janick, the motion passed unanimously.

               

                G. Council President deMedeiros – Discussion and possible vote on Proposed FY 24 Budget for the

     following departments:

                     1. Town Clerk’ Office

                     2. Town Council

                     3. Board of Canvassers

                     4. Town Hall Operating Expenses

     5. Planning Board

                     6. Zoning Board of Review

     7. Town Sergeant

     8. Town Administrator

     9. Probate Court

    10. Boards and Commissions
                    11. Civic Appropriations

 

Clerk Chabot reviewed the Town Clerk’ Office with the council. She presented level funding for Dept. Management Salary and an increase to 6% for Deputy Clerk Salary. Recording and Municode amounts decreased to $29,500 and $6,126 respectively. New additions were $1,300 for Education/Seminar and $11,100 for Software Maintenance which would include much-needed APRA tracking software. Council disagreed with no increase to the Clerk’s salary, citing exceptional performance, and agreed on a 3% increase to $70,790. With other minor changes, the new bottom line total would be $329,727.   

 

Under Town Council, it was agreed to increase Contingency Fund to $125,000, still representing a substantial decrease from FY23. An extra $15,000 was added for zoning rewrite and a small increase to Supplies/Misc. The new total is $184,000.

 

For the Board of Canvassers, Clerk Chabot noted all accounts remained level funded except Elections, which increased to $30,000 to cover the CD1 elections, bringing the total to $37,100.

 

Town Hall Operating Expenses increased only in areas of heat and electricity, bringing the total to $30,200.

 

The Planning Board, Zoning Board of Review, and Town Sergeant remained level funded with totals of $13,000, $4,500, and $1,000 respectively.

 

Administrator Cotta briefed on Town Administrator items, noting the largest increase was for IT Consulting Services, bringing the total to $238,046.

 

Probate Court remained level funded at $12,400.

 

Under Boards and Commissions, Administrator Cotta noted a new fund of $500 for the Litter Committee request, bringing the total to $11,600.

 

Civic Appropriations remained level funded with the exception of the removal of the $500 for Newport County Mental Health as appropriated last year. Lucy Kinsley of Newport County Mental Health briefly spoke, respectfully requesting a $2000 civic appropriation be considered to cover significant client transportation costs. The new total is $16,050.

 

10. EXECUTIVE SESSION

A. Town Solicitor – R.I.G.L.-42-46-5(a)(2) Litigation: Highland Ridge Farm v. Town of Tiverton

     (USDC-RI 21-00477 & NC 2021-0042) update on mediation efforts and further action and litigation by

     the town.

 

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

 

Councilor Edwards V motioned to enter Executive Session for agenda items 10-A and 10-B. Councilor Janick seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 9:32 p.m.

Council returned to open session at approximately 9:55 p.m.

 

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

 

Solicitor Marcello reported that there was discussion only on all executive session items 4-A, 10-A, and 10-B.

 

11. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 9:56 p.m.

 

A True Copy.

 

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk