STATE OF RHODE ISLAND, COUNTY OF NEWPORT

The Town Council of the Town of Tiverton, County, and State aforesaid held a Special Council Meeting on Thursday, December 21, 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	Deborah G. Janick
John G. Edwards V	David J. Paull

 

Absent
Jay P. Edwards

Dennis J. Milbourne

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

 

4. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Personnel Board - (5) Member Board (4) Year Terms (1) Vacancy, Term ending 10/15/2027

                     1. Joy Gilkeson, 360 S. Christopher Avenue. – Requests re-appointment for term ending 10/15/2027

 

Ms. Gilkeson was interviewed.

 

Councilor Edwards V motioned to waive policy and appoint Joy Gilkeson for the Personnel Board. Seconded by Councilor Janick, the motion passed unanimously.

 

5. GENERAL BUSINESS – Discussion and possible votes

                A. Greg Jones/Tiverton Yacht Club – Requesting permission to hold the 12th Annual Penguin Plunge

                     event at Grinnell’s Beach on Monday, January 1, 2024, at noon. The event is a fundraiser for the

                     Tiverton Library Foundation

 

Councilor Edwards V motioned to approve permission to hold the 12th Annual Penguin Plunge event at Grinnell’s Beach on Monday, January 1, 2024. Seconded by Councilor Janick, the motion passed unanimously.

 

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

A. Approval of a proposed new ordinance to the Tiverton Code of Ordinances which would impose a
                     temporary six (6) month moratorium on all development for housing projects and subdivisions that
                     exceed four (4) residential units and which require approval under the applicable land-use regulations
                     and ordinances in light of various developments and planning pressure facing the town as noted in

     Preamble of the proposed measure. Previously vested or completed applications as defined by the

     Ordinance would not be subject to the temporary moratorium.

 

Council President deMedeiros opened the public hearing.

 

Town resident, Dan Deren agrees people need housing. Tiverton is a small rural town. He is in favor of a moratorium, with six months being reasonable to review in a measured, sensible way to do the job right.

 

Town resident, Cathy Calabrese is in favor of a 20-year moratorium. She is saddened by the changes in North Tiverton that she has seen over the last 43 years, including increased housing and traffic and the gun shop/shooting range. She understands that people need housing but opposes all the development happening in the north end of town. It needs to stretch throughout town and we need to get RIPTA to provide transportation to those who need it. The North End is too congested.

 

President deMedeiros mentioned there was a North End and Industrial/Business Park Subcommittee that was looking at what could be done in the north end of town.

 

Town resident, Susan Anderson commented on the content concerning water capacity and water pressure from the Fire Districts that needs to be defined. She feels that six months is too short. She questioned comprehensive permits and why the moratorium does not apply to them.

 

Administrator Cotta explained that progress has been made with the water and sewer districts and that studies are underway (hydrology, density, infrastructure) and more work needs to be done to protect the community in the years to come (i.e. comprehensive plan, ordinances, etc.). Administrator Cotta and Solicitor Marcello explained the town has no control over comprehensive permits as it is state law. Comprehensive permits can be filed but they will not be complete applications. There will be the same questions on water and sewer that they will not be able to provide and will be stalled.

 

Town resident, Jamie French noted we do have well water but exceeded density in North Tiverton. The casino and the power plant consume a tremendous amount of water, millions of gallons of water.  She asked for a moratorium two years ago on development but was told the comprehensive plan needed to be adapted. She questioned the water and sewer districts’ legislation that allows for expansion throughout Tiverton. She quoted from the meeting minutes from the 11/27/2023 council meeting that explained this expansion and the need for a moratorium. She commented that the focus is only on water and sewer expansion in North Tiverton.

 

Town resident, Dan Deren followed up with his understanding that the town is built on the side of a ridge that is granite, mostly rubble which has an impact on water availability for wells.

 

In the interest of full disclosure, Patricia Hilton stated she is a Planning Board member, was a member of the comprehensive community plan (CCP) rewrite committee, and worked with the town administrator in discussion for a potential moratorium. She stated that these discussions have been going on for over a year and most of these items being discussed are in the CCP (density, water, soil/hydrology, environmental challenges, etc.) and were stated years ago. To address these challenges takes money and resources. A pandemic in the middle of this had an impact. The town has wanted to address these challenges.

 

Planning Board Chair, Stuart Hardy noted that we are almost at capacity in the schools, even before considering the Pocasset Ridge, Harbor Ridge, and Oxford developments. Road infrastructure is aging and having trouble keeping up with higher volumes of traffic. He also noted that the impact fees should be reviewed to consider DPW, Fire, and Police services, as well as review the school fees.

 

Council President deMedeiros closed the public hearing.

 

Councilor Burk commented that this is an important step, and this is one of the tools we have that we can use to be smarter about development. He questioned whether we should have a moratorium on commercial development. Administrator Cotta commented that we are seeing issues with residential and not seeing an influx of commercial projects. Solicitor Marcello commented that this applies to residential, does not impact single-family housing or housing units with four units or less, this is trying to be very limited in scope, there is very few commercial lots in town.

 

Councilor Burk commented on page 4, section D, on concerns about the wastewater district expansion, focusing on defined areas that must be addressed first. Administrator Cotta commented on the legislation and history, and this needs further research. Councilor Burk commented that legislation is very important regarding the water and sewer districts and the legislative session starts in a little over a week and we need to move quickly.

 

Councilor Edwards V commented that wastewater projects 2 through 5 need to be completed in the next nine years to have USDA funding. They need to focus on these projects. Recently it was brought to my attention that there is one organization, One Neighborhood Builders, which is responsible for affordable housing development that may be aware of this and may be a source for a lawsuit.

 

Councilor Janick, liaison to the Planning Board, stated we need to be smart about building in the future.

 

Councilor Burk commented on One Neighborhood Builders, that they do a great job helping to address the needs of the homeless and that they find old factories and buildings to develop in urban areas that provide affordable housing to thousands of individuals and families in need.

 

Councilor Burk motioned to approve the proposed new ordinance to the Tiverton Code of Ordinance which would impose a temporary six-month moratorium on all development for housing projects and subdivisions that exceed four (4) residential units and which require approval under the applicable land-use regulations and ordinances in light of various developments and planning pressure facing the town as noted in Preamble of the proposed measure, and that previously vested or completed applications as defined by the Ordinance would not be subject to the temporary moratorium. Councilor Edwards V seconded the motion. The motion unanimously passed.

 

Councilor Burk motioned to allow the Town Clerk and Town Solicitor to make any non-substantive changes to the ordinance as may be required. Councilor Edwards V seconded the motion. The motion unanimously passed.

 

7. ADJOURNMENT

 

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 7:59 p.m.

 

A True Copy.

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk