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, January 23, 2023 at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.
Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.
Present
| President Denise M. deMedeiros | Vice President Michael S. Burk | John G. Edwards V |
| Deborah G. Janick | Jay P. Edwards | Dennis J. Milbourne |
Absent
Joseph C. Perry
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.
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. January 9, 2023 – Regular Meeting (Councilors Burk and Perry abstain, absent)
2. January 9, 2023 – Executive Session (Councilors Burk and Perry abstain, absent)
3. January 12, 2023 – Joint Budget Workshop (Councilors Burk, Edwards V, and Perry abstain, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Recreation & Beaches (1)
2. Zoning Board – (3)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – December 2022 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Gayle Lawrence re: Zoning Board proceedings in review of appeal of Planning Board’s denial of
Season’s gas station/convenience store application
2. Maureen Morrow re: proposed ordinance amendment related to collection bins
3. Discover Newport Annual Report
4. Recreation Calendar
Councilor Edwards V removed item 4-C-1 from the Consent Agenda.
Councilor Burk removed item 4-A-3 from the Consent Agenda.
Councilor deMedeiros removed item 4-D-1 from the Consent Agenda.
Councilor Burk motioned to approve Consent Agenda items except 4-C-1 and 4-D-1. Seconded by Councilor Edwards V, the motion passed unanimously.
Re: 4-A-3, Councilor Burk noted a typographical error on the fifth paragraph of page 2, $300-$320 should read $300K - $320K.
Councilor Burk motioned to approve Consent Agenda item 4-A-3 as amended. Seconded by Councilor Edwards V, the motion passed unanimously.
Re: 4-C-1, Councilor Edwards V asked for backup on PAYT results, number households served, and an update on monthly tonnage. He questioned responsibility of rejected loads due to vendor pickup delays. He asked for clarification on police pension fees, and had several questions related to the revenue Budget to Actual Total report, that Treasurer Saurette was on hand to answer.
Councilor Edwards V motioned to approve Consent Agenda item 4-C-1. Seconded by Councilor Burk, the motion passed unanimously.
Re: 4-D-1, as related to the Season’s gas station matter, Council President deMedeiros made clear that the Council has no involvement or authority in the Planning or Zoning Boards’ decisions.
Councilor deMedeiros motioned to approve Consent Agenda item 4-D-1. Seconded by Councilor Edwards V, the motion passed unanimously.
Councilor Burk motioned to move agenda items 9 A-D forward. Seconded by Councilor Edwards V, the motion passed unanimously.
A. Acknowledgement of resignation:
1. Dan Bossolt from Recreation Commission effective 1/10/2023
Councilor Edwards V motioned to accept the resignation of Dan Bossolt from Recreation Commission with regret and thanks. Seconded by Councilor Edwards, the motion passed unanimously.
B. Annual Tree Warden Appointment to expire January 31, 2023
1. Frankey Ramos, Manchester’s Tree & Landscaping, 13 Edmond Lane – Reappointment request
As Mr. Ramos was unable to attend the meeting, Council agreed to table item until he can appear.
Councilor Burk motioned to table item to allow Mr. Ramos to attend. Seconded by Councilor Janick, the motion passed unanimously.
C. Arts Committee - (5) Member Board - (2) Year Terms - (2) Vacancies
1. Kathleen E. Hendrick, 31 Starlit Road - request appointment to expire 4/12/2024
Note: expiration date should have read 4/15/2024.
Councilor Edwards V motioned to waive the policy and proceed to the appointment. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Burk motioned to appoint Kathleen E. Hendrick to the Arts Committee for a term ending 4/15/2024. Seconded by Councilor Janick, the motion passed unanimously.
D. Zoning Board of Review – (5) Members (2) Alternates, (5) Year Terms, (1) Vacancy
1. John Jackson, 24 Bourne Avenue – Request re-appointment, term ending 7/15/2027
Councilor Edwards motioned to re-appoint John Jackson to the Zoning Board of Review for a term ending 7/15/2027. Seconded by Councilor Janick, the motion passed unanimously.
1. Josianne Araujo, Hague, Sahady & Co. P.C. – Presentation of Audit Report 6/30/2022
Josianne Araujo with Hague, Sahady & Co., gave the Annual Financial Report presentation that consisted of a review of the Town’s 2022 Audit Results and Uniform Guidance Report and answered Councilors questions. The Town received a clean audit report opinion free of material weaknesses and significant deficiencies. Financial highlights were given of pension obligations, liabilities, OPEB, general fund unrestricted balance and the basic financial status of the Town.
Councilor Burk motioned to formally accept the Audit Report 6/30/2022. Seconded by Councilor Edwards V, the motion passed unanimously.
A. Comments received - None
A. Stu Gilfillen/Recreation - Consideration of a sound variance for Tiverton Summer Concert Series to be
held on July 7, 14, 21, 28, August 4, 11, 18 from 6-8 PM (rain dates September 1, 8)
Councilor Edwards V motioned to accept the sound variance requested by the Recreation Chair. Seconded by Councilor Milbourne, the motion passed unanimously.
B. Approval of 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
Administrator Cotta noted that DPW Director Rogers was unable to attend the hearing. He said the Director was in favor of allowing some businesses to provide donation bin service provided they were maintained in clean and orderly fashion. The Administrator believed the revised draft ordinance would achieved this.
Council President deMedeiros opened the public hearing.
Several audience members spoke, all adamantly opposed to the idea. Conservation Commission Chair, Tom Ramotowski spoke on behalf of himself, recalled significant issues in years past with non-responsive companies. He stated the DPW would be tasked with management of the permitting and policing. Resident Maureen
Morrow and Litter Committee chair Victoria Revier concurred with Mr. Ramotowski. They proposed stopping the bins altogether. Councilor Edwards V voiced agreement with the disallowance of the containers.
After significant discussion, council appeared to be in agreement with speakers and planned to revise document to prohibit placement of donation containers.
Councilor Burk motioned to not approve Article Sections 66-51, 52, 53, 54, 55, 56, 57, 58 and 59 and amend original Section 66-55 to read “No waste or discarded items shall be dumped or left upon any private property, upon any road or highway or property of the town. Recyclable items may be brought to the Town’s recycle center during normal hours of operation as determined by the Department of Public Works. Collection containers/receptacles for the purpose of depositing discarded items shall be prohibited within the confines of the town. Seconded by Councilor Edwards.
After further discussion, it was agreed to have Solicitor revise draft for review and approval. President deMedeiros continued public hearing to February 13.
Councilor Edwards V motioned to continue the public hearing to February 13, 2023. Seconded by Councilor Edwards, the motion passed unanimously.
A. Amicable Church, 3736 Main Road – Requesting Special Event Permit for annual Amicable Church
Farmcoast 5k Run/Walk on Saturday, April 1, 2023, @ 9:00 – 11 a.m. (Neck Road & Seapowet Ave)
Councilor Burk motioned to approve Amicable Farmcoast 5k Run/Walk on Saturday, April 1, 2023, @ 9:00 – 11 a.m. with potential closure of the road subject to agreement with the Police Chief and the Town Administrator and subject to meeting all legal requirements. Seconded by Councilor Edwards V, the motion passed unanimously.
A. Discussion and possible vote on Resolution in Support of Legislation Allowing Cities and Towns to
license short-term rentals
Councilor Burk opened discussion by noting the resolution was not intended to replace the zoning ordinance work in progress, but rather address the Solicitor’s concern over lack of enabling legislation to provide licenses outside of zoning. The aim was to allow cities and towns to regulate short-term rentals more effectively and efficiently. He asked that the Clerk would send to the four members of our state house delegation and notify council of upcoming hearings.
Solicitor Marcello further explained the resolution, if passed, would in addition to any authority granted by municipality under their zoning code, giving clear authority to issue the licenses.
Councilor Burk motioned to approve the Resolution and forwarding the draft as written to our delegation. Seconded by Councilor Janick, the motion passed unanimously. (Council President deMedeiros had left the table)
B. Dana Coute/Recreation - Discussion and possible vote to approve Tiverton Celebrates Parade on
Saturday, May 27, 2023, at 11:00 AM
Councilor Edwards V motioned to approve Tiverton Celebrates Parade on Saturday, May 27, 2023, with kickoff at 11:00 AM, starting at 9:00 AM with a rolling closure as discussed. Seconded by Councilor Janick, the motion passed unanimously.
C. Police Department/Recreation Commission - Request approval of special event permit (waiving fee)
for the Child Safety and Wellness Day event at Grinnell’s Beach and surrounding areas on Saturday,
June 10, 2023, from 10AM – 5PM with a rain date of Saturday, June 17, 2023
Councilor Burk motioned to approve the special event permit with fee waived for the child safety and wellness Day event at Grinnell’s Beach and surrounding areas on Saturday, June 10, 2023, from 10am – 5pm, with a rain date of Saturday, June 17, subject to meeting all legal obligations. Seconded by Councilor Edwards V, the motion passed unanimously.
D. Police Department/Recreation Commission - Request approval of special event permit (waiving fee)
for the 2023 National Night Out Softball Tournament and Community Event at Bulgarmarsh
Recreational area on Saturday, July 29, 2023 from 1PM – 9PM with a rain date of Saturday, August 5,
2023
Councilor Edwards motioned to approve of special event permit, waiving the fee, for the 2023 National Night Out Softball Tournament and Community Event at Bulgarmarsh Recreational area on Saturday, July 29, 2023, from 1PM – 9PM with a rain date of Saturday, August 5, 2023, subject to meeting all legal requirements and appropriate liability coverage. Seconded by Councilor Edwards V, the motion passed unanimously.
E. Council President deMederios - Discussion and possible vote regarding Code of Ordinance
amendment to Chapter 66, Solid Waste Management, Sec. 66-50. Adoption of regulations for "pay as
you throw" and approval of funds to advertise for public hearing.
Solicitor Marcello explained this was an update of the ordinance to reflect landfill closure and allow “pay as you throw” monies to be used for trash hauling and tipping fees. It was agreed to hold public hearing on March 13, 2023.
Councilor Edwards V motioned to approve advertising for public hearing on March 13, 2023. Seconded by Councilor Janick, the motion passed unanimously.
F. Discussion and possible vote regarding Code of Ordinance on capital expenditure reimbursement
accounts and approval of funds to advertise for public hearing
Councilor Edwards V motioned to approve advertising for public hearing on February 27, 2023. Seconded by Councilor Burk, the motion passed unanimously.
G. Discussion and possible vote for authorization of Zoning Board to hire separate counsel for potential
appeal because of conflict
Councilor Edwards V motioned to table item G. until after executive session. Seconded by Councilor Janick, the motion passed unanimously.
A. Administrator Cotta - RIGL 42-46-5(a)(2) Collective Bargaining – Update on AFSCME Local 2670A
negotiations
B. Town Solicitor - RIGL 42-46-5(a)(2) Litigation – Consideration of appeal of Longplex Zoning Decision
related to indoor recreational facility and authorizing Zoning Board to hire separate counsel.
C. Administrator Cotta - RIGL 42-46-5(a)(1) Personnel – Discussion of job performance, character, or
physical or mental health of a person or persons related to the planning department – notice given.
D. Town Solicitor - R.I.G.L. 42-46-5(a)(2) Yuriy Ivanov v. Tiverton Planning Board filed on 1/17/2023
related to later filing of planning board minutes.
Councilor Edwards V motioned to enter Executive Session for agenda items 11A, 11B, 11C and 11D. Councilor Janick seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 9:05 p.m.
Council returned to open session at approximately 10:26 p.m.
Councilor Edwards V motioned to seal the minutes of the Executive Session. Councilor Janick seconded the motion. The motion passed unanimously.
Solicitor Marcello reported no action was taken on agenda items 11A, 11C, and 11D.
For agenda item 11B, he reported that the Council authorized the Zoning Board to hire separate counsel, not to exceed $250 per hour.
Councilor Edwards V motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 10:27 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, Town Clerk