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 24, 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     Jay P. Edwards
Deborah G. Janick                                           

Absent
Joseph C. Perry     John G. Edwards V     Dennis J. Milbourne

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. April 10 – Regular Meeting (Councilors Edwards, Milbourne & Perry abstain, absent)

     2. April 10 – Executive Session (Councilors Edwards, Milbourne & Perry abstain, absent)

     3. April 15 – Special Meeting (Councilor Perry abstains, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Conservation Commission (2)

     2. Budget Committee (2)
     3. Litter Control Committee (1)
     4. Harbor Commission (1)

 

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – March 2023 Budget and Revenue Reports
    

D. Acknowledge Receipt of Correspondence

     1. Town of Exeter – Resolution in opposition to RI 2023 Gun Control legislation

     2. Town of Exeter – Resolution in support of H5724 and S0328 relating to Vital Records

     3. Town of Little Compton – Resolution in opposition to Offshore Wind Turbines sited off Little

          Compton

    

     4. Town of Little Compton – Resolution in opposition to Senate Bill S0434 relating to Inspection of

          Motor Vehicles

     5. Town of Westerly – Resolution in opposition to RI 2023 Gun Control legislation

 

E. Clerk Chabot – Request approval for funding to advertise an open position on the Budget Committee.

 

F. DPW Director Rogers – Requests approval to extend FY23 Bid Awards thru FY24 as allowed by bid
     specifications for: OWTS Inspections, Septic Tank Pumping, Crack Sealing, Catch Basin Frames &

     Grates, Road Materials, Line Painting, and Bituminous Concrete Paving HDPE Pipe

 

Councilor Burk removed items B-3, D-1, and D-5 from the Consent Agenda.

Councilor Burk motioned to approve Consent Agenda items except for B-3, D-1, and D-5. Seconded by Councilor Edwards, the motion passed unanimously.

Councilor Burk had questions related to where the Litter Committee should obtain the blue bins on wheels. DPW Director Rogers clarified the Litter Committee will discuss with the Recycling/Landfill Committee.

Councilor Burk motioned to approve Consent Agenda item B-3. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Burk expressed disagreement with the two resolutions regarding gun control legislation received from Exeter and Westerly.

 

Councilor Burk motioned to not accept Consent Agenda items D-1 and D-5. Seconded by Councilor Janick, the motion passed unanimously.

 

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

                A. Comments: None      

 

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

                A. Approval of the proposed amendments to Tiverton Code of Ordinances Section 50-5, Smoking
                     prohibited in public buildings and Section 50-9, Tobacco products, vending to underage persons
                   1. Letter of suggestions from Litter Committee

 

Council Vice President Burk briefly detailed the proposed changes. President deMedeiros read written suggestions from a letter supplied by the Litter Committee.  

 

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

 

Councilor Burk motioned to amend the proposed amendments to the Tiverton Code of Ordinances Section 50-5 and 50-9, amending the title to read “Smoking prohibited in all public and municipal owned/leased facilities and places,” and in 50-5(a), in the fourth line to replace the word “inside” with the words “at all.” Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Burk motioned to approve the proposed amendments to Sections 50-5 now called “Smoking prohibited in all public and municipal owned/leased facilities and places,” and 50-9 Tobacco products, vending to underage persons, as amended, and to allow the solicitor to make changes related to technical language errors.  Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Approval of the proposed amendments to Tiverton Code of Ordinances - Ordinance amendment for
                     commercial fire alarm/sprinkler plan review fees as permitted under state fire code 23-28.2-26

 

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

 

It was noted that state law limits the cost for copies to $.15 per page, therefore the $5.00 listed cost would need amending.

 

Councilor Burk motioned to amend section 42-3 E (1) a. to strike $5.00 and replace it with .15 cents per page. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Burk motioned to approve ordinance 42-3 Fees for Residential and Commercial plan review by Local Fire Marshal, giving the solicitor authority to make any technical changes. Seconded by Councilor Edwards, the motion passed unanimously.

 

7. BOARD OF LICENSING – Discussion and possible votes

                A. Charles Mulcahy, 65 Beech Avenue, Tiverton – Requesting Approval of Private Detective license
                    renewal

 

Councilor Burk motioned to approve the Private Detective license renewal for Charles Mulcahy, 65 Beech Avenue. Seconded by Councilor Janick, the motion passed unanimously.

                B. Meredith Brower/Tiverton Farmers Market – Requesting Special Event Permit for Farmers Markets at
                     Town Farm Recreational area on Sundays from May 21, 2023 – October 29, 2023, from 10:00 AM to

                     1:30 PM

 

Councilor Burk motioned to approve the Tiverton Farmers Market request for a Special Event Permit for Farmers Markets at Town Farm Recreational area on Sundays from May 21, 2023 – October 29, 2023, from 10:00 AM to 1:30 PM, subject to subject to meeting the expectations of the Recreation Commission and all legal requirements and with the caveat that should traffic become an issue we will want to come back and revisit this. Seconded by Councilor Janick, the motion passed unanimously.

                C. John Cordeiro/Megan L. Cordeiro Memorial Foundation – Request Special Event approval for the
                     15th Annual Miles for Megan Bike Ride/Walk Event on September 23, 2023, from 7:00 am to 3:00 pm,
                     subject to meeting all legal requirements

 

Councilor Janick motioned to support and approve the John Cordeiro/Megan L. Cordeiro Memorial Foundation Request Special Event approval for the 15th Annual Miles for Megan Bike Ride/Walk Event on September 23, 2023, from 7:00 am to 3:00 pm, subject to meeting all legal requirements. Seconded by Councilor Edwards, the motion passed unanimously.

 

                D. Philomena Santos-Higgins/Cystic Fibrosis Foundation MASS-RI Chapter, 220 N. Main Street,
                    Natick, MA - Request approval of Special Event license for Cycle for Life Ride through Tiverton on
                      September 23, 2023, from 7:00 am to 3:30 pm - subject to meeting all legal requirements

 

Councilor Janick motioned to support and approve the Philomena Santos-Higgins/Cystic Fibrosis Foundation MASS-RI Chapter, 220 N. Main Street, Natick, MA - Request approval of Special Event license for Cycle for Life Ride through Tiverton on September 23, 2023, from 7:00 am to 3:30 pm - subject to meeting all legal requirements. Seconded by Councilor Edwards, the motion passed unanimously.

 

                E. Town Administrator – Discussion and possible vote to approve Mobile Home-Park License Renewal
                     for Dadson Mobile Homeowners Assoc. d/b/a Dadson Mobile Estates, 301 Bulgarmarsh Road
                     beyond 4/30/2023 two months extension, to expire 11/30/2023

 

                F. Town Administrator – Discussion and possible vote to approve Mobile Home-Park License Renewal
                     for Heritage Home Park Cooperative, Inc., 100 Heritage Park, beyond 4/30/2023 two months
                     extension, to expire 11/30/2023

 

Councilor Burk motioned to Mobile Home-Park License Renewal for Dadson Mobile Homeowners Assoc. d/b/a Dadson Mobile Estates, 301 Bulgarmarsh Road, to expire 11/30/2023 and to approve the Mobile Home-Park License Renewal for Heritage Home Park Cooperative, Inc., 100 Heritage Park, to expire 11/30/2023. Seconded by Councilor Janick, the motion passed unanimously.

                G. Attorney Pare/David Rose – Discussion and possible vote for a decision on the appeal to the Tiverton

                    Town Council from the Decision of the Tiverton Harbor & Coastal Waters Management Commission

 

Council President noted hearing was at the last meeting and Council has been given a legal memo by the Solicitor.

                                                                                                                                    

Councilor Burk motioned to uphold the decision of the Tiverton Harbor and Coastal Waters Management Commission related to Mr. Rose’s application for one (1) riparian mooring and one (1) guest mooring and that under our ordinance the Harbormaster has the authority for placement of the mooring in consultation with the applicant. Seconded by Councilor Edwards, the motion passed unanimously.

 

8. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgement of resignation:

                     1. Jeffrey Gay from Historical Preservation Advisory Commission effective 4/14/2023

Councilor Janick motioned to accept Mr. Gay’s resignation with regret and thanks for his service. Seconded by Councilor Edwards, the motion passed unanimously.

                B. Appointment to Board of Canvassers – Republican Alternate position, six (6) Year Term ending
                    10/15/2024
                               1. Mark Constance

2. Nancy Driggs

3. Robert Coulter

4. John H. Moran Jr.

5. Justin Katz

                                                                                                                           

No applicants were present, prompting Council President deMedeiros to note policy was to interview applicants.  

 

Councilor Burk motioned to table to the next meeting and request the five individuals come before us for interviews, as is our policy. Seconded by Councilor Edwards, the motion passed unanimously.

 

                C. Arts Committee - (5) Member Board (2) Year Terms (3) Vacancy
                     1. Barbara Pelletier, 37 Cardinal Court - Requests re-appointment, term ending 4/15/2025

 

Ms. Pelletier was unable to be present, so the item was tabled until the next meeting.

 

                D. Historical Cemeteries Commission - (5) Member Board (3) Year Terms (2) Vacancy       

                      1. Robert C. Martin, 313 Neck Road - Requests re-appointment, term ending 4/15/2026
                      2. Eileen Costa, 113 Stone Church Road - Requests re-appointment, term ending 4/15/2026

 

Councilor Burk motioned to waive policy and proceed to the aforementioned re-appointments. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards motioned to re-appoint Robert C. Martin, 313 Neck Road to the Historical Cemeteries Commission, term to expire 4/15/2026 and Eileen Costa, 113 Stone Church Road to Historical Cemeteries Commission, term to expire 4/15/2026. Seconded by Councilor Janick, the motion passed unanimously.

 

                E. Conservation Commission - (7) Member Board (3) Year Terms (4) Vacancy        

                      1. Lizabeth Cottrell, 1696 Fish Road - Requests re-appointment, term ending 4/15/2026

 

Ms. Cottrell was not present, so the item was tabled until the next meeting.

               

                F. Cemetery Commission - (5) Member Board (3) Year Terms (2) Vacancy               

                      1. Robert Sedoma, 19 Bayview Avenue - Requests re-appointment, term ending 4/15/2026
                      2. Shirley Moller, 1591 Bulgarmarsh - Requests re-appointment, term ending 4/15/2026          

 

Councilor Burk motioned to waive policy and proceed to the aforementioned re-appointments. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Burk motioned to re-appoint Robert Sedoma, 19 Bayview Avenue to the Cemetery Commission, term to expire 4/15/2026, and Shirley Moller, 1591 Bulgarmarsh to Cemetery Commission, term to expire 4/15/2026.  Seconded by Councilor Janick, the motion passed unanimously.

 

                G. Open Space and Land Preservation Commission - (9) Member Board (3) Year Terms (3) Vacancy            

                      1. Jean Paul Forcier, 65 Bobbin Hill Road - Requests re-appointment, term ending 4/15/2026
                      2. Jonathan Miguel Klinker, 38 April Lane – Requests re-appointment, term ending 4/15/2026

 

Councilor Burk motioned to waive policy and proceed to the aforementioned re-appointments. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Edwards motioned to re-appoint Jean Paul Forcier, 65 Bobbin Hill Road to the Open Space and Land Preservation Commission, term to expire 4/15/2026, and Jonathan Miguel Klinker, 38 April Lane to Open Space and Land Preservation Commission, term to expire 4/15/2026. Seconded by Councilor Janick, the motion passed unanimously.

 

                H. Recreation Commission - (7) Member Board (3) Year Terms (2) Vacancy            

                      1. Edward J. Sevigny, 168 Merritt Avenue - Requests re-appointment, term ending 4/15/2026

                      2. Katelyn Monast, 199 King Road - Requests appointment, term ending 4/15/2026

 

Councilor Burk motioned to waive policy and proceed to the aforementioned re-appointments. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Burk motioned to re-appoint Edward J. Sevigny, 168 Merritt Avenue to the Recreation Commission, term to expire 4/15/2026, and to appoint Katelyn Monast, 199 King Road to the Recreation Commission, term to expire 4/15/2026. Seconded by Councilor Janick, the motion passed unanimously.

 

                I. Public Safety Complex Committee - (5) Member Board (3) Year Terms (2) Vacancy         

                      1. David Moreira, Jr., 152 Michaels Lane - Requests appointment, term ending 8/1/2023
                      2. David M. Turchette, 65 Knotty Pine Road - Requests appointment, term ending 8/1/2023

                      3. Robert S. Parent, Sr., 111 Harbor Ridge Lane - Requests appointment, term ending 8/1/2023

                      4. Robert Sedoma, 19 Bayview Avenue - Requests appointment, term ending 8/1/2023

                      5. Allyn Meyers, 31 Nicholson Place - Requests appointment, term ending 8/1/2023
                      6. Timothy Oser, 23 Mary Lane - Requests appointment, term ending 8/1/2023

 

Applicants David Moreira, Robert Sedoma, Allyn Meyers, and Timothy Oser were all present and interviewed.

As applicants David M. Turchette and Robert S. Parent were not present, the council decided to hold on these appointments until they could be interviewed.

 

                J. Public Safety Complex Committee – Appointment of Town Council member (1)

 

As three members of the Council were not present, it was decided to table an appointment to the next meeting. 

 

                K. North End and Industrial/Business Park Subcommittee – Appointment of Town Council members (2)

 

Council President deMedeiros and Councilor Edwards each expressed disappointment that no citizen members had yet applied for the North End and Industrial/Business Park Subcommittee

 

Council President deMedeiros motioned to appoint Councilors Burk and Janick as council members on the North End and Industrial/Business Park Subcommittee. Seconded by Councilor Edwards, the motion passed unanimously.

 

9. GENERAL BUSINESS

A. Lee Grossi/Little Flower Home – Discussion and possible vote to approve resolution to endorse the
     Little Flower Home request to the RI General Assembly to be included within its definition of “the
     poor” exempted from local property taxes by Rhode Island General Laws Title 44-3-3

 

Councilor Burk motioned to approve the Substitute A resolution before us titled Supporting an Amendment to R.I.G.L. § 44-3-3 which would exempt The Little Flower Home from local municipal real and personal taxation with the minor typographical corrections as identified. Seconded by Councilor Edwards, the motion passed unanimously.

 

                B. Assessor Robert – Discussion and possible vote to approve funding to advertise a public hearing
                     regarding proposed amendments to Tiverton Code of Ordinance Chapter 74 TAXATION relating to

     tax credit exemptions

 

Councilor Burk motioned to approve funding to advertise a public hearing regarding proposed amendments to Tiverton Code of Ordinance Chapter 74 TAXATION relating to tax credit exemptions. Seconded by Councilor Edwards, the motion passed unanimously.

 

                C. Tax Collector McGowen/Treasurer Saurette – Discussion and possible vote on establishing new
                     schedule of tax collection due dates

 

Treasurer Saurette explained to the Council the timing of producing tax bills within the new budget process, including a potential elector petition. Since the final budget adoption would occur in late June or with an elector petition as late as September, the tax bills could not be printed with a July 1 due date. She suggested moving the quarterly payments forward by one quarter – currently, July, October, January, and April, would change to October, January, April, and July. Taxes would be three quarters in arrears where they are currently two quarters in arrears. Solicitor Marcello indicated that the tax payment due date schedule should be included in the budget ordinance if there is no existing ordinance.

 

                D. Police Chief Jones - Discussion and possible vote to approve an application for Communities Facilities
                     Grant through the USDA

 

Councilor Burk motioned to approve the application for Communities Facilities Grant through the USDA with the understanding that it is a 35% match for purchases up to $250k. Seconded by Councilor Janick, the motion passed unanimously.

 

                E. Discussion on Zoning Revision Committee membership for a resolution establishing a committee.

 

Solicitor Marcello asked for council suggestions on the Zoning Revision Committee membership. Feedback from Council was: two (2) Zoning Board members, two (2) Planning Board members, two (2) Town Council members, one (1) Conservation Committee member, one (1) Economic Development Commission member, and three (3) Electors from the public, with non-voting members: Town Administrator, Planner, Building Official, and Zoning Official. Town Solicitor as an advisor to the committee. The Solicitor would prepare the draft resolution.

 

                F. Clerk Chabot – Discussion and possible vote to approve the contract renewal with Avenu Enterprise

     Solutions, LLC for Land Records Management System

 

Councilor Burk motioned to approve the contract renewal with Avenu Enterprise Solutions, LLC for Land Records Management System. Seconded by Councilor Janick, the motion passed unanimously.

 

                G. Council President deMedeiros – Discussion and possible vote regarding prior Budget Committee and

     Town Council resolutions and recommendations for FY 24 Budget Ordinance

 

After a brief discussion, a suggestion was made to have Solicitor Marcello review the prior budget resolutions and provide an ordinance for restricted accounts for the next meeting.

 

H. Council President deMedeiros – Discussion and possible vote regarding FY 24 Revenue estimates

 

Councilor Burk motioned to approve the FY 24 Revenues estimates as presented. Seconded by Councilor Janick, the motion passed unanimously.

 

I. Council President deMedeiros – Discussion and possible vote regarding FY 24 Budget, including all

    Departments

 

Council President deMedeiros stated that the next review meeting will be on May 6 at 9 AM.

 

J. Council President deMedeiros – Schedule meeting for Casino Gaming Revenue & ARPA

 

Council President deMedeiros suggested waiting on this item.

 

K. Council Vice President Burk – Discussion and possible vote authorizing Town Solicitor and Council Vice

     President to collaborate with sponsors of 2023-H 6183 (Representative Edwards) and 2023-S 308

     (Senator DiPalma) on possible amendments

 

Councilor Burk motioned to authorize Solicitor Marcello and Vice President Burk to collaborate with Tiverton State legislators on Short Term Rental legislation. Seconded by Councilor Edwards, the motion passed unanimously.

 

10. EXECUTIVE SESSION

A. Council President deMedeiros – R.I.G.L.-42-46-5(a)(2) Litigation: Potential litigation regarding Town

      Council President

 

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

 

Council entered closed executive session at approximately 9:49 p.m.

Council returned to open session at approximately 10:20 p.m.

 

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

 

Solicitor Marcello reported that there was discussion only on agenda item 10-A, and no votes were taken.

 

11. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 10:21 p.m.

 

A True Copy.

 

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk