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 Tuesday, August 15, 2023, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.

1. CALL TO ORDER          

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Councilor Edward called the meeting to order with the pledge of allegiance to the flag.

3. ROLL CALL

Present
Deborah G. Janick            John G. Edwards V           Jay P. Edwards
Dennis J. Milbourne

Absent
President Denise M. deMedeiros       Vice President Michael S. Burk          Joseph C. Perry

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

 

Councilor Edwards noted that both the Council President and Vice President were not in attendance, and he was asked to stand in as President. Councilor Edwards V voiced that his understanding of Council Governance policy and Robert’s Rules was that a vote was needed to determine who would serve as Council chair pro tem.

Solicitor Romano read from the Town Council governance policy amended January 11, 2021, that, in his opinion, would govern as to the conduct of meetings. He read in Sec 3-A Presiding Officer it states “the president or in the president's absence or designation the vice president shall preside at all meetings.” In the event of the absence of both, he paraphrased, the Town Council with the senior member in point of service presiding shall elect another member to perform the duties of the president during the absence or disability of both President and Vice President.

Solicitor Romano then asked Councilor Edwards, if Council President deMedeiros had designated him as president for this meeting. He answered in the affirmative. Councilor Edwards V, declared that he had spoken with Council President deMedeiros that afternoon, and she had told him otherwise.   

At that time, Solicitor Romano asked which of the two had the most seniority, and who had the highest votes in the last election. Both had served similar term lengths, and no one remembered who had the highest number of votes last election. At that time, Councilor Edwards was asked to ask for nominations to chair the meeting.

Councilor Janick nominated Councilor Edwards. Councilor Edwards V nominated himself.

The vote for Councilor Edwards V was 2-2, with Councilors Edwards V and Milbourne in favor. The vote for Councilor Edwards was 2-2, with Councilors Edwards and Janick in favor.

At that time, Councilor Edwards asked for a show of hands to nominate Councilor Edwards V. The vote was unanimous in favor of Councilor Edwards V.

 

BUSINESS BROUGHT BEFORE THE COUNCIL

Acting President John G. Edwards V read the items on the Consent Agenda.

 

Presentation of Citation to Firefighter Wendy Clark

from the Honorable Lieutenant Governor Sabina Matos

 

Fire Chief William Bailey III read and presented the Citation to Firefighter Wendy Clark from the Honorable Lieutenant Governor Sabina Matos. On her behalf and the State of Rhode Island she wants to sincerely thank you for breaking this glass ceiling, your incredible accomplishments serve as an inspiration to women across Rhode Island, and wishes you the most success in your career in becoming Tiverton’s first female firefighter.

 

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. July 24 – Regular Meeting (Councilor Milbourne abstains, absent)
     2. July 24 – Executive Session (Councilor Milbourne abstains, absent)

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Planning Board (1)
     2. Open Space Commission (2)   

     3. Historical Cemeteries Commission (2)

 

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – July 2023

     2. Town Administrator – Police Department Overtime Reports – July 2023

                                                   – Fire Department Overtime Reports – June and July 2023

 

D. Acknowledge Receipt of Correspondence

     1. Town of Charlestown – Resolution regarding possible designation of the “Sand Trail” as a CRMC-

          recognized right-of-way

     2. Town of Westerly – Resolution Opposing Senate Bill 2023-0137 and House Bill 2023-H 5201

     3. Advisory Opinion No. 2023-27 from RI Ethics Commission

     4. HUD Letter of Notification for Tiverton Housing Authority regarding Public Housing Assessment

 

Councilor Edwards pulled items 4-D-3 and 4-D-4 for discussion. Councilor Janick also pulled item 4-D-4.

 

Councilor Janick motioned to approve Consent Agenda items except 4-D-3 and 4-D-4.  Seconded by Councilor Edwards, the motion passed unanimously.

Re: 4-D-3, Councilor Edwards noted Rhode Island Ethics Commission advisory opinion essentially says that the Municipal Court Judge can, in fact, rule on Charter challenges within the town of Tiverton

 

Re: 4-D-4, Councilor Edwards was unclear about what the HUD report and Housing Authority scoring specifically meant to the town in terms of responsibility and ramifications. He proposed asking Executive Director Brutzman and Housing Authority Chair Harris to come before the council to explain. Councilor Janick also questioned what the demand for a recovery plan within 30 days entailed. Administrator Cotta agreed with having Director Brutzman appear, adding that Chair Harris should be excluded due to health matters. He also was unsure what the ramifications were and offered to contact the Housing Director to request that information be supplied.

 

Councilor Edwards motioned to approve the Consent Agenda items 4-D-3 and 4-D-4. Seconded by Councilor Janick, the motion passed unanimously.

 

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

                Comments: None.

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Planning Board - (9) Member Board (3) Year Terms (4) Vacancies,

                     Term expiring 7/15/2024 (1), Terms expiring 7/15/2026 (3)

                     1. William P. Gerlach, 506 King Road – Requests appointment
                    2. Richard (Dick) Taylor, 309 Holly Circle - Requests appointment

 

Both applicants were briefly interviewed by the council.

 

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

 

Councilor Edwards motioned to appoint William P. Gerlach and Richard (Dick) Taylor to the Planning Board with both terms expiring 7/15/2026. Seconded by Councilor Janick, the motion passed unanimously.

 

7. BOARD OF LICENSING – Discussion and possible votes

                A. Om Shiva d/b/a Smoke Junction, 58 Main Road - Requests approval of tobacco and holiday
                    licenses, subject to meeting all legal requirements

 

Councilor Janick motioned to approve the tobacco and holiday licenses for Om Shiva d/b/a Smoke Junction, 58 Main Road, subject to meeting all legal requirements. Seconded by Councilor Edwards, the motion passed unanimously.

 

                B. Renee A. Cafarella/Caf’s LLC, 90 Main Road - Requests approval of victualling license, subject to
                    meeting all legal requirements

 

Councilor Edwards motioned to approve the victualling license for Renee A. Cafarella/Caf’s LLC, 90 Main Road, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

 

               C. Vyana, Inc. dba Tiverton Liquors, 65 Main Road– Requests approval of fireworks license, subject
                    to meeting all legal requirements

 

Councilor Edwards motioned to approve the fireworks license for Vyana, Inc. dba Tiverton Liquors, 65 Main Road, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

 

                D. Alison Murphy/Green Kids Consignment, LLC – Requests approval of special event permit for

                     children’s consignment sale at Longplex Sports Complex on September 28, 2023, from 1:00 pm to

                     8:00 pm, September 29, 2023, from 9:00 am to 7:00 pm and September 30, 2023, from 9:00 am to

                     5:00 pm and October 1, 2023, from 9:00 am to 12:00 pm, subject to meeting all legal requirements

 

Councilor Edwards mentioned the Zoning Board had already approved this kind of activity. Council Janick added that police and fire have approved this also.  Due to this being one of the events currently under appeal with the Superior court, Solicitor Romano advised “without prejudice” language be added to the motion.  

 

Councilor Janick motioned to approve the special event permit for a children’s consignment sale by Alison Murphy/Green Kids Consignment, LLC. at Longplex Sports Complex on September 28, 2023, from 1:00 pm to 8:00 pm, September 29, 2023, from 9:00 am to 7:00 pm and September 30, 2023, from 9:00 am to 5:00 pm and October 1, 2023, from 9:00 am to 12:00 pm, subject to meeting all legal requirements, and without prejudice. Seconded by Councilor Edwards, the motion passed unanimously.

 

                E. Jim Long/Longplex LLC, 300 Industrial Way - Request approval of special event permit for Indoor Car

                    Show on October 8, 2023, from 10:00 am to 3:00 pm, subject to meeting all legal requirements

 

Council Edwards began the discussion by suggesting the item be tabled due to the pending Superior court litigation related to the Zoning Board overturning the building official’s cease and desist order. Solicitor Romano declared this was a different event and unrelated to the Superior Court appeal.

Attorney Daniel P. Reilly, legal counsel for Mr. Long, agreed this request was not related to the pending zoning matter, reminding that the event previously occurred as a council-approved special event last spring that had been reviewed by police and fire, and commenced without issues. He furthered the event application was straightforward, modeling the previous event, and understood approval would be subject to police and fire review and requirements. He added the gym would be closed and with no scheduled sports events, patron numbers would be lower than last year, which would address any parking concerns. He asked the council to approve the application tonight, subject to the police and fire requirements.

 

Administrator Cotta stated that in addition to not yet having a court ruling on the interpretation of building uses, he expressed concern that “we also don't have one from our zoning official as it relates to this particular event,” noting the last time it was approved was for a nonprofit where this application was from a corporate entity.

 

Discussion ensued relative to zoning. Mr. Reilly argued that a special event permit does not require a zoning board review or an opinion by the zoning officer in the code of ordinance.

 

The council decided to continue the item until the next meeting on August 28, 2023.

 

Councilor Janick motioned to continue the item until the next meeting on August 28, 2023. Seconded by Councilor Edwards, the motion passed unanimously.

 

8. GENERAL BUSINESS

A. Assessor Robert – Update on 2023 Statistical Revaluation and 2023 Tax Bills/Tax Rate

 

Assessor Robert noted that Northeast Revaluation was in process of a statistical update revaluation, noting a data clerk in the field reviewing 2022 sales. He is in the process of looking at current year sales as well as completing building permit reviews. He has visited approximately 5,000 of the 8,400 town properties, completing revaluation preliminary reviews. Property owners will be notified of their new preliminary assessment in early 2024. At that time, he will ask the Council to have a workshop to review the revaluation and the data. He noted there was a strong appreciation in market values and he expected a roughly 20% to 25% increase in assessments. Tax bills should be mailed out the following week and the first quarterly due date was October 1, 2023. The new tax rate was $14.90. He added that more revaluation information was available on the website.

 

B. Councilor Edwards – Discussion and possible vote for RFP to hire a land use attorney to assist the
     Planning Board and Town Council

 

Councilor Edwards explained why he believed hiring a dedicated land use attorney should be considered to handle current and future land use issues, developer applications as well as the upcoming state legislation relative to housing that begins on January 1, 2024.

 

Councilor Edwards motioned to do an RFP to find and hire a land use attorney. The motion was seconded by Councilor Janick.

 

Councilor Janick agreed with the need for a land use attorney, especially considering the zoning rewrite, planning/zoning board matters, and the upcoming state legislation. Councilor Edwards V concurred, noting some concern about potential costs.

 

Administrator Cotta questioned if the idea was to add an additional firm or to replace the current firm Weston & Sampson already hired to handle planning and zoning matters. He furthered that as nothing had been budgeted for this, he questioned where the funds would come from. He agreed there were many expected planning and zoning initiatives that would need to be managed, but he believed voting on this tonight would be premature.

 

After a brief discussion, Councilor Edwards withdrew his motion.

 

C. Councilor Edwards – Recommendations for appointment to the Zoning Revision Committee for

     Economic Development Commission, Conservation Commission, and Zoning Board of Review.

 

Councilor Edwards explained that, to date, neither the Economic Development Commission, the Conservation nor the Zoning Board of Review had put forth their member recommendations for the Zoning Revision Committee. He believed enough time had elapsed and the meetings should commence. He suggested either appointing the Chairs of each board or just beginning to meet without the Board members in place.

 

Administrator Cotta agreed he would contact the Board chairs and inform them they would be designees until they were able to recommend their permanent member.

 

D. Councilor Edwards – Discussion and possible vote on Resolution requesting that any restrictions
     preventing cities and towns from utilizing licensed animal shelter services outside of Rhode Island’s
     borders be removed

 

Councilor Edwards motioned to approve the resolution (no. 2023-0015) and forward it to the relevant state legislators and Rhode Island DEM. Seconded by Councilor Milbourne, the motion passed unanimously.

 

E. Councilor Edwards V – Discussion regarding the Annual “Courtney Roderick Run for Recovery” 5K

    Run/Walk Event held on July 22, 2023

 

Councilor Edwards V opened with a brief discussion about the event not adhering to council-approved routes, which caused traffic issues. Police Chief Jones and the event organizer were not present for input or comment. Councilor Edwards suggested similar future annual events have an after-action report to discuss issues that occurred. Councilor Edwards V wrapped up the discussion reminding of the importance of assuring that special event licenses are adhered to, lest the council lose legitimacy as a Board of Licensing. Administrator Cotta added that there was a component of the police officers in charge that day, misunderstanding the route. He would confirm with the department.

 

F. Administrator Cotta – Discussion and possible vote on proposed Resolution 2023-0014 regarding the

    authorization to execute the Construction and Maintenance Agreement for the Nonquit Bridge Project

 

Councilor Edwards motioned to approve Resolution 2023-0014 regarding the authorization to execute the Construction and Maintenance Agreement for the Nonquit Bridge Project. Seconded by Councilor Janick, the motion passed unanimously.

 

G. Administrator Cotta – Discussion and possible vote to authorize an application to RI Housing for a

     technical assistance grant for water study and to authorize Town Administrator and Solicitor to draft

     cooperative agreements with the two water districts as may be required

 

Councilor Janick motioned to approve an application to RI Housing for a technical assistance grant for water study and to authorize the Town Administrator and Solicitor to draft cooperative agreements with the two water districts. Seconded by Councilor Edwards, the motion passed unanimously.

 

H. Administrator Cotta – Recycling Center update

 

Administrator Cotta explained that RI DEM had further questions for PARE Engineering on the freshwater application under technical review, work would continue on the temporary site. He expected groundbreaking in the next couple of months.

 

I. Town Clerk – Discussion and possible vote to approve funding to advertise proposed amendments to

   Tiverton Code of Ordinance:

1. Chapter 74 Taxation to repeal Division 5 Economic Development Real Estate Exemptions

2. Chapter 74 Taxation to amend Section 74-90 Visually impaired persons - relating to the

     tax credit exemption

3. Chapter 58 Article II Peddlers and Hawkers to amend Section 58-39 Expiration - relating to

    license expiration

 

Councilor Edwards motioned to approve funding to advertise the proposed ordinance changes. Seconded by Councilor Janick, the motion passed unanimously.

 

9. ANNOUNCEMENTS

A. Town Administrator – RI League of Cities & Towns Annual Dinner September 28, 2023

Administrator Cotta reminded the council of the RI League of Cities & Towns annual training day and dinner.

 

10. EXECUTIVE SESSION

A. Town Administrator - RIGL 42-46-5(a)(2) Collective Bargaining: Update on Teamsters Local 251

 

B. Town Administrator - RIGL 42-46-5(a)(5):  discussion related to the acquisition or lease or purchase of

     real property for public purposes where the early disclosure would be detrimental to the public

     interest

 

C. Town Solicitor – RIGL 42-46-5(a)(2) Litigation:  Highland Ridge Farm, LLC v. Town of Tiverton, et al.

    (NC 2023-0260) update

 

D. Town Solicitor – RIGL 42-46-5(a)(2) Litigation: Tracy Heywood and Preserve Tiverton v. Town of

     Tiverton, et al. (NC 2023-0089) update

 

E. Town Solicitor – RIGL 42-46-5(a)(2) Litigation: Twin River-Tiverton LLC v. David Robert, Tiverton Tax

    Assessor (NM 2022-0138, PM 2022-2436) update

 

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

 

Council entered closed executive session at approximately 8:21 p.m.

Council returned to open session at approximately 8:53 p.m.

 

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

 

Solicitor Romano reported no votes were taken in Executive Session, discussion only.

 

11. ADJOURNMENT

Councilor Janick motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 8:53 p.m.

 

A True Copy.

 

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk