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, February 27, 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	Dennis J. Milbourne
Deborah G. Janick	Jay P. Edwards

Absent

Joseph C. Perry                 John G. Edwards V          

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. February 13, 2023 – Regular Meeting

     2. January 23, 2023 – Regular Meeting (Councilor Perry abstains, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Zoning Board of Appeals (1)
     2. Zoning Board of Review (1)
     3. Dog Park Advisory Committee (2)
     4. Open Space and Preservation (1)

 

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – January 2023 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence

     1. Towns of Lincoln and Hopkinton – Resolution in Support of Housing Development & Land Use
     2. Historical Preservation Advisory Board letter re: Samuel J. Russell Hicks House         

     3. Letter from Melodie Rowland regarding zoning/crematorium
     4. Letter from Ryan LePage regarding zoning/crematorium
     5. US Department of the Interior – Invitation to consult on Revolution Wind Farm and Revolution
          Wind Export Cable Project, North Kingstown, RI

     6. Letter from Cathy Calabrese regarding North Tiverton
     7. Letter from Jeanne De Souza regarding House Committee on Environment and Natural Resources

     8. Letter from Robert Valcourt regarding Tiverton Lions Club eyeglass drop box

     9. Planning Board Memorandum re: Lisa and Charlie Rose’ request to abandon portion of Myrtle Way
   10. Asst. Solicitor Memorandum re: Lisa and Charlie Rose’ request to abandon portion of Myrtle Way

 

Councilor Janick removed items 4-D-9 and 4-D-10 and Councilor Burk removed items 4-D-1, 3, 4, 5, 6 and 7 from the Consent Agenda.   

Councilor Edwards motioned to approve Consent Agenda items except 4-D-1, 3, 4, 5, 6, 7, 9, and 10. Seconded by Councilor Burk, the motion passed unanimously.

Re: 4-D-1, Councilor Burk, commenting it would be a good resolution for the town to adopt, suggested the Solicitor draft a similar resolution.

Councilor Burk motioned to approve Consent Agenda items 4-D-1. Seconded by Councilor Edwards, the motion passed unanimously.

Re: 4-D-3, 4 and 6, recognizing opposition received related to a proposed crematorium and other developments in the north end, Councilor Burk explained that Council cannot weigh in on projects before the Planning and Zoning Boards. He stated that it was a “misconception” that this Council wrote current zoning ordinances.  Council President deMedeiros added that current ordinances, in existence since 2014, are not handled exclusively through the Council, but developed via planner and planning board. She added that once a project application is received, it is grandfathered in regardless of potential future ordinance changes. Administrator Cotta added that public hearings were held on all of the proposed developments where the public could weigh in. Councilor Burk furthered that funds have been earmarked for a north-end economic development study. 

Councilor Burk motioned to approve Consent Agenda items 4-D-3, 4, and 6. Seconded by Councilor Edwards, the motion passed unanimously.

Re: 4-D-5, Councilor Burk questioned if it pertained to Tiverton. Administrator Cotta noted at this stage, it was the Federal agency noting their responsibilities.

Councilor Burk motioned to approve Consent Agenda items 4-D-5. Seconded by Councilor Janick, the motion passed unanimously.

Re: 4-D-7, Councilor Burk, noting Ms. DeSouza’s letter mentioned the oyster farm owners intended to sell near the farm location, questioned that legality. Administrator Cotta stated the likely nearby area referred to was residential, and would preclude a sales operation, adding that CRMC has not yet ruled on the oyster farm application.  He mentioned that Rep. John Edwards was looking for support from the council for his legislation on aquaculture leases on the Sakonnet River.   

Councilor Burk motioned to approve Consent Agenda items 4-D-7 and have Solicitor draft supporting the Sakonnet River aquaculture lease legislation. Seconded by Councilor Janick, the motion passed unanimously.

Re: 4-D-9 and 10, Councilor Janick questioned the Rose’s request to abandon the platted extension of Myrtle Way. The Solicitor, referring to the Planning Board and Asst. Solicitor Romano’s memo noted the Planning Boards’ recommendation was to abandon the road. Subsequent research indicated it had never been dedicated to the town, therefore, the town was unable to abandon the property.

Councilor Janick motioned to approve Consent Agenda items 4-D-9 and 10. Seconded by Councilor Edwards, the motion passed unanimously.

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

                A. Comments received – None

 

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

                A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 2 Administration,
                     ARTICLE V. FINANCE, DIVISION 4 TIVERTON SCHOOL DEPARTMENT CAPITAL IMPROVEMENT
                     REVOLVING FUND

 

Council President deMedeiros explained school department projects, especially related to health and safety, are given 30-40 percent reimbursements from RIDE that normally go into the general fund. That money would now go into a restricted fund for future school department capital projects approved by the Council. Solicitor Marcello added that many towns of towns have similar plans to ensure school capital funds are replenished.

 

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

  

Councilor Burk motioned to approve the ordinance before us related to the Tiverton school department Capital Improvement revolving fund. Seconded by Councilor Edwards, the motion passed unanimously.

7. BOARD OF LICENSING – Discussion and possible votes

                A. Meredith Brower/Tiverton Farmers Market – Requesting Special Event Permit for Art & Garden Show
                     on Saturday, June 17, 2023, @ 10:00 AM to 3:00 PM at 3852 Main Road (Tiverton Four Corners)
                     (continued from 2/13/2023)

 

Councilor Burk motioned to approve the Art & Garden Show on Saturday, June 17, 2023, @ 10:00 AM to 3:00 PM at 3852 Main Road, consistent with the application and subject to meeting all legal requirements. Seconded by Councilor Milbourne, the motion passed unanimously.

                B. 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 limited three months

 

Building Official Hoyle updated Council that the previously cited issues relative to OWTS are being addressed. Administrator Cotta added there was an issue with a dilapidated trailer and back taxes that were being addressed. Council agreed to allow a two-month extension followed by another update.

 

Councilor Burk motioned to approve the Mobile Home-Park License Renewal for Dadson Mobile Homeowners Assoc. d/b/a Dadson Mobile Estates thru April 30, 2023. Seconded by Councilor Edwards, the motion passed unanimously.

                C. Town Administrator – Discussion and possible vote to approve Mobile Home-Park License Renewal
                     for Heritage Home Park Cooperative, Inc., 100 Heritage Park, beyond limited three months

 

Building Official Hoyle noted that moderate improvements have been made to previously identified conditions and management has been accommodating and continue to work towards resolution. Council agreed to allow a two month extension followed by another update.

 

Councilor Burk motioned to approve the Mobile Home-Park License Renewal for Heritage Home Park Cooperative, Inc. thru April 30, 2023. Seconded by Councilor Edwards, the motion passed unanimously.

                D. Town Administrator – Discussion and possible vote to approve Mobile Home-Park License Renewal
                     for Pachet Brook Park Inc., 4502 Main Road, beyond limited three months

 

Administrator Cotta stated no issues remained and recommended approval for the full year extension.

 

Councilor Burk motioned to approve the Mobile Home-Park License Renewal for Pachet Brook Park Inc. thru November 30, 2023. Seconded by Councilor Edwards, the motion passed unanimously.

8. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Recreation Commission - (7) Member Board (3) Year Terms (1) Vacancy
                     1. Gary Monahan, 67 Tanglewood Drive - Requests appointment, term ending 4/15/2024

 

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

 

Councilor Edwards motioned to appoint Gary Monahan to the Recreation Commission, for a term ending 4/15/2024. Seconded by Councilor Janick, the motion passed unanimously.

               

                B. Open Space and Land Preservation Commission - (9) Member Board (3) Year Terms (1) Vacancy
                     1. Jonathan Miguel Klinker, 38 April Lane – Requests appointment, term ending 4/15/2023

 

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

 

Councilor Edwards motioned to appoint Jonathan Klinker to the Open Space and Land Preservation Commission, for a term ending 4/15/2023. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Economic Development Commission- (5) Member Board (4) Year Terms (1) Vacancy

                     1. Dean B. Holt, 333 Village Road – Requests appointment, term ending 7/15/2024

 

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

 

Councilor Burk motioned to appoint Dean B. Holt to the Economic Development Commission, for a term ending 7/15/2024. Seconded by Councilor Edwards, the motion passed unanimously.

 

9. GENERAL BUSINESS

                A. Police Chief Jones – Discussion and possible vote on Resolution regarding establishing a new
                     committee for a new safety complex feasibility study

 

Police Chief Jones thanked the Solicitor's office for putting together the resolution for review based on the last meeting’s conversation about forming a Public Safety Committee. He added there has already been a tremendous amount of support and interest from the community.

 

It would be an eleven-member board, five of those would be Town electors. Solicitor Marcello noted a minor word typo on the second page. 

 

Councilor Burk motioned to approve the resolution establishing the Tiverton Public Safety complex committee as it is before us with the amendment on the second sentence of the bullet on the top of the second page to change the word ‘have’ after members to the word ‘of’. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Discussion and possible vote regarding an amendment to the Fire Capital allocation from $285,256 to

                     $284,006 as voted at the January 19, 2023 council meeting

 

Councilor Edwards motioned to amend the Fire Capital allocation from $285,256 to $284,006 as voted at the January 19, 2023 council meeting. Seconded by Councilor Milbourne, the motion passed unanimously.

 

                C. Town Clerk Chabot - Discussion and possible vote on Resolution regarding Special Election for Charter

                     Review Commission

 

Clerk Chabot noted the resolution was necessary to be approved by Council to move forward with July 18, 2023, Special Election for the Charter Review Commission. She furthered that the Board of Canvassers has been notified and that once the resolution has been approved, they can move forward with plans with the state to hold a special election.

 

Councilor Edwards motioned to approve the Resolution regarding Special Election for Charter Review Commission on July 18, 2023. Seconded by Councilor Janick, the motion passed unanimously.

 

                D. Discussion and possible vote on the proposed amendment to the Tiverton Code of Ordinances

                     Chapter 66 SOLID WASTE MANAGEMENT, ARTICLE III – COLLECTION AND DISPOSAL, RECYCLING, AND

                     LANDFILL REGULATIONS, regarding allowable locations for donation containers

                     (cont. from 2/13/2023)

 

Councilor Burk motioned to approve the ordinance as amended from the original which is before us. Seconded by Councilor Edwards, the motion passed unanimously.

               

                E. DPW Director Rogers – Discussion and possible vote to approve funds to advertise for Fogland Point
                     stormwater improvements as per GZA plans and specifications

 

Councilor Edwards motioned to approve funds to advertise for Fogland Point stormwater improvements as per GZA plans and specifications. Seconded by Councilor Burk, the motion passed unanimously.

 

                F. DPW Director Rogers - Discussion and possible vote to allocate funds for landfill capping project
                     expected and potential cost overruns

Director Rogers and Administrator Cotta updated Council on expected and potential landfill capping project cost overruns, related to the necessity for perimeter fencing as well as an electric duct bank.   

 

                G. Council President DeMedeiros/Council Vice President Burk - Discussion and possible vote to hire firm
                    to conduct a forensic audit of School Department expenditures, all revenues, and all related policies
                      and procedures related to spending, purchasing, and revenue

 

Discussion ensued around the proposal to hire an accounting firm to conduct a forensic audit of the school district’s financial records. Council Vice President Burk explained a forensic audit was a detailed audit that looks into specific expenditures, line by line to see if they are in line with policies and procedures. Council President deMedeiros added that because of the recent charter changes related to the FTR, the Council has a responsibility to bring forth a budget that we have confidence in.

 

Councilor Burk motioned to approve hiring a firm to conduct a forensic audit of School Department expenditures, all revenues, and all related policies and procedures related to spending, purchasing, and revenue. Seconded by Councilor Edwards, the motion passed unanimously.

 

                H. Solicitor Marcello – Discussion and possible vote regarding permission zone/s for recreational
                     marijuana retail shops

 

Solicitor Marcello opened discussion noting voters at the last election approved the licensing of marijuana retail within the town. The state statute distinguishes between areas where they could cultivate, manufacture or conduct laboratory testing and retail sales as separate areas of licensing.  He stated the Council must decide in what zones they will allow those type of activities and how to amend the zoning code. He added that previously, there was discussion on limiting to general commercial. An updated zoning map was used to clarify the potential areas. It was decided to place the item on the next agenda for a vote.

 

                I. Solicitor Marcello – Discussion and possible vote regarding amending Resolution 2022-0015

                   Requesting Legislative Ratification of the Tiverton Home Rule Charter as Amended to include
                   reference to House and Senate bills H5016 and S0029

 

Councilor Burk motioned to approve the Resolution on the Home Rule Charter as amended. Seconded by Councilor Edwards, the motion passed unanimously.

 

                J. Council President DeMedeiros – Scheduling of FY 2023/2024 budget workshops

                                                                                        

As two Council members were not present, Council President DeMedeiros tabled the item until the next meeting.

 

10. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 8:40 pm.

 

A True Copy.

 

 

ATTEST______________________________________

                         Joan B. Chabot, Town Clerk