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, March 13, 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	John G. Edwards V

 

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.

 

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 27, 2023 – Regular Meeting (Councilors’ Perry and Edwards V abstain, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees

     1. Parade Committee (5)

     2. Recreation Commission (4)

     3. Historic Preservation Advisory Board (1)

     4. Harbor Commission (2)

     5. Economic Development Commission (1)

 

C. Acknowledge Receipt of Reports

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

     2. Town Administrator – Police and Fire Department Overtime Reports – February 2023

 

Councilor Burk motioned to approve the Consent Agenda items. Seconded by Councilor Edwards V, 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. Elizabeth Lewis - Consideration of sound variance for a wedding at 575 Nanaquaket Road on

                    Saturday, July 22, 2023, from 4:00 pm to 10:00 pm, and request approval of a special event permit

 

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

  

Councilor Burk motioned to approve the sound variance for a wedding at 575 Nanaquaket Road on    Saturday, July 22, 2023, from 4:00 pm to 10:00 pm and approval of a special event permit, pending all legal requirements. Seconded by Councilor Edwards V, the motion passed unanimously.

                B. Approval of the proposed amendments to the Tiverton Code of Ordinances Chapter 66 SOLID WASTE

                     MANAGEMENT, Section 66-50 Adoption of Regulations for “pay as you throw”, related to future

                     revenues to offset the town’s recycling and trash hauling costs

 

Administrator Cotta briefly explained the monies collected that were currently in a restricted fund, the revenue would be used for transportation and tipping fees. After discussion, it was agreed to add language specifying funds could be also used for future costs of monitoring the closed landfill.

 

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

  

Councilor Burk motioned to approve the adoption regulations for “pay as you throw”, the modifications to Section 66-50 as they are before us with an amendment to the underlined sentence that strikes the word “and” before tipping fee, adds a comma after “account” and adds“ and any future costs associated with the monitoring of the closed landfill”. Seconded by Councilor Edwards V, the motion passed unanimously.

7. BOARD OF LICENSING – Discussion and possible votes

                A. John Skrzypiec, 48 Island View Drive – Requests approval for Annual Renewal of Private Detective
                     License, subject to meeting all legal requirements

 

Councilor Edwards V motioned to approve the annual renewal of Private Detective License, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

                B. Longplex/Tiverton Recreation, LLC on behalf of Jose Souza III – Request approval of special event

                     license for comic book show on April 1, 2023, from 10:00 am to 6:00 pm

 

Building Official Hoyle distributed a document to the council detailing his assessment of parking space deficits relative to the number of anticipated attendees of the event.  

 

Longplex owner Mr. Long and his attorney Daniel Reilly maintained parking was ample, explaining the expected visitors would be spread out over the course of the event. Mr. Reilly explained that event time frames were scheduled during times when the restaurant and other venues were limited.

 

Councilor Edwards V questioned why parking spaces would be an issue now, long after extensive planning processes and capacity numbers had been granted. Council President deMedeiros replied that original use was approved for recreation only, and several special events held caused parking problems.  

 

Solicitor Marcello stated that we are currently bound by a recent zoning board decision that permitted a change of use that is currently being appealed.

 

Mr. Long and Attorney Reilly argued that the event was anticipating only 250 attendees per hour, based on data from holding the event the year prior as well as business plan calculations by the event planner. Attorney Reilly added that for the three special events proposed, parking was to be fully contained within the parking lots on the property. He furthered that a plan is currently in engineering to complete the construction of an additional parking lot.   

 

Councilors Edwards and Burk each stated that Mr. Long had a responsibility to ensure Longplex attendees did not park on Progress Road and Industrial Way, the public road adjacent to the facility. Councilor Burk asked if Longplex would utilize a loudspeaker to warn customers of prohibited parking on public roads. Mr. Long agreed. Councilor Edwards V disagreed with the suggestion, stating it should not be incumbent that a private property owner monitors parking on a public street.

 

Councilor Milbourne noted he often plays soccer at Longplex and has never noticed a parking problem.  

 

Antone Viveiros, from Middletown, voiced his support for special events at Longplex, stating they were good for children, and should be given a chance.

 

Event organizer Jose Souza III assured that attendance numbers are monitored via a requirement of the Fire Marshall. He is able to give an approximate number of attendees at any given time. He had produced shows in Boston for over 25 years and never had over 250 customers on the floor at once.

 

Council Vice President Burk stated that although he disagreed with the zoning board’s decision on the definition of “recreation” he would reluctantly make a motion to approve, only because they had to abide by the decision at this time.  Council President deMedeiros said she also hesitated to approve, but would because of the zoning decision, adding that it was being appealed.

 

Councilor Burk motioned to approve special event request for a comic book show at Longplex/Tiverton Recreation LLC on behalf of Jose Souza III on April 1, 2023, from 10:00 am to 6:00 pm, and asking the owner and Mr. Souza do their best to make sure parking does not overflow. Seconded by Councilor Edwards V, the motion passed unanimously.

                C. Longplex/Tiverton Recreation, LLC on behalf of Grand Wedding Expo, Inc. – Request approval of

                     special event license for home and garden show on April 22, 2023, from 12:00 am to 7:00 pm and

                     April 23, 2023, from 10:00 am to 5:00 pm

 

                D. Longplex/Tiverton Recreation, LLC on behalf of Green Kids Consignment, LLC – Request approval of
                     special event license for children’s consignment sale on April 27, 2023, from 10:00 am to 8:00 pm,
                     April 28, 2023, from 9:00 am to 7:00 pm and April 29, 2023, from 9:00 am to 3:00 pm

 

Council President deMedeiros stated items 7- C and 7- D would be tabled on the advice of the Solicitor.

 

Solicitor Marcello explained that the Town filed a motion to stay the findings of the Zoning Board which would be heard on Friday, March 24, 2023. If the court grants the stay, the Zoning Board decision would be invalid.

 

Councilor Edwards motioned to table items 7- C and 7- D. Seconded by Councilor Burk, the motion passed 5-1, with Councilor Edwards V opposed.

8. GENERAL BUSINESS

                A. Councilor Burk – Discussion and possible vote to approve Resolution in support of Aquaculture leases
                     in the Sakonnet River area to be located at least 1,000 feet from the median high tide line (H5037 &

                     S0198)

 

Councilor Edwards V, asking to be on the record, said despite the Council of Little Compton’s opposition to the bill, noted this would adversely impact Tiverton. He said putting a farm somewhere where it doesn't belong was the real issue.

 

Little Compton resident Patrick Bowen, noting he was a Tiverton taxpayer and property owner, urged Council to oppose what he called the “capricious and arbitrary” proposal. He said the resolution is bad for Tiverton and Rhode Island. He stated he and his brother had applied for a small oyster lease over three years ago in the Sakonnet River, following the same procedure in place for over 20 years established by the CRMC. He said they have approvals from all possible regulatory agencies including the DEM, Department of Fish and Wildlife, DEM Office of Natural Resources, Office of Water Resources, Rhode Island Historic Preservation and Heritage Commission, U.S Army Corps of Engineers, and the Tiverton Harbor Commission. He contended the proposed legislation was an attempt to change state law in order to prevent their small oyster farm from becoming a reality. He alleged the resolution was anti-farming, contrary to the state Right to Farm Act, and contradicts the purpose of zoning regulations.

 

Councilor Burk motioned to approve the resolution before us, numbering it 2023-0004. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                B. Renee Jones/Economic Development Commission – Requesting input from Council on 2023 EDC goals

 

Economic Development Chair Renee Jones opened the discussion, noting she hoped for a bit of guidance from the Council in terms of what they think are important items. Council President deMedeiros suggested a joint workshop meeting to brainstorm ideas. Council Vice President Burk commended Ms. Jones on the wonderful

job of collaborating with the Town Planner, the Planning Board, the Economic Development Commission, and the Newport Chamber of Commerce. He expected the EDC would play an important role in the development committee for north-end development. After further discussion, it was agreed to target a date in May for a joint Council & EDC workshop.

 

                C. Stu Gilfilen/Recreation Commission - Discussion and possible vote to advertise for public hearing

    regarding summer camp fees, including the addition of an aftercare program

 

Councilor Edwards V motioned to approve the advertising for a public hearing regarding summer camp fees, including the addition of an aftercare program. Seconded by Councilor Burk, the motion passed unanimously.

 

                D. Fire Chief Bailey – Discussion and possible vote to approve budget transfers for FY23

                     1. $5,500.00 from Acct 3310-6968 Medical Physicals to Acct 3310-6910 Heat

 

Councilor Edwards V motioned to approve the budget transfers of $5,500.00 from Acct 3310-6968 Medical Physicals to Acct 3310-6910 Heat. Seconded by Councilor Janick, the motion passed unanimously.

               

                E. DPW Director Rogers – Discussion and possible vote to approve funds to advertise bid for Solid Waste

                     Curbside Collection

 

Councilor Burk motioned to direct and authorize Town Administrator, DPW Director, and Solicitor to finalize bid specs for trash and recyclables and put them out to bid as soon as possible. Seconded by Councilor Burk, the motion passed unanimously.

 

                F. DPW Director Rogers - Discussion and possible vote to approve funds to advertise bid for repair of the

                     Gazebo on Middle Ave.

 

Councilor Edwards motioned to approve funds to advertise bid for the repair of the Gazebo on Middle Ave. in accordance with the bid spec provided. Seconded by Councilor Janick, the motion passed unanimously.

               

                G. Councilor deMedeiros & Councilor Burk – Discussion and possible vote on draft Resolution
                     establishing the Tiverton North End and Industrial/Business Park Subcommittee of the Tiverton

                     Economic Development Commission and approve funding to advertise committee open positions

 

Councilor Burk noted the resolution number should be 2023-0005 if approved. He noted this resolution would also combine initiatives for north-end development and the industrial/business park into one committee. He added that it would not be a committee intended to redevelop zoning ordinances. 

 

Councilor Edwards V stated monies should be put towards the land designated for industrial use that can make a meaningful impact on the tax base in short order, rather than potentially redesigning north-end streetscapes. He added that sewer line installations in the north end would have the most impact on the ability to bring business to the north end.

 

Council President deMedeiros disagreed, stating a north-end development plan was what the residents wanted.

 

Councilor Burk motioned to approve resolution number 2023-0005, Establishing the Committee to Develop and Recommend to the Tiverton Town Council an Economic Revitalization Plan for Tiverton’s North End and Planful Build Out of the Tiverton Industrial/Business Park, with the typographical errors fixed on the top of page two the number “one” in the first bullet should be “two” and in the third resolve on the fourth line the word “thee” should read the “the” and to approve funding to advertise for committee membership. Seconded by Councilor Edwards, the motion passed 5-1, with Councilor Edwards V opposed.

 

                H. Discussion and possible vote to approve funding to advertise committee open positions for the Public

                     Safety Complex Committee

 

Councilor Burk motioned to approve funding to advertise committee open positions for the Public Safety Complex Committee. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                I. Administrator Cotta – Discussion and possible vote to award contract for review and rewrite of the

                    Tiverton Zoning Code Ordinance to Weston & Sampson for $93,000

 

Councilor Burk motioned to award the contract for the review and rewrite of the Tiverton Zoning Code Ordinance to Weston & Sampson for $93,000 coming from the American Recovery Act funds per the proposal that is before us. Seconded by Councilor Janick, the motion passed unanimously.

 

                J. Council President deMedeiros – Discussion and possible vote to approve a salary increase for Town

                    Administrator Cotta, effective 10/1/2022

 

The item was tabled until after Executive Session.

 

                K. Councilor Burk – Discussion and possible vote to approve funding to advertise a public hearing
                     regarding proposed amendments to Tiverton Code of Ordinance Section 50-5, Smoking prohibited in
                     public buildings, and Section 50-9, Tobacco products, vending to underage persons

 

Councilor Edwards motioned to approve funding to advertise public hearing per section 1-8 of the Code of Ordinances of the Town of Tiverton to regulate smoking in public buildings. Seconded by Councilor deMedeiros, the motion passed unanimously.

 

                L. Fire Chief Bailey – Discussion and possible vote to approve funding to advertise public hearing
                    on proposed new Ordinance regarding fees for residential and commercial plan reviews by the Fire

                    Marshal

 

Councilor Edwards V motioned to approve funding to advertise public hearing on proposed new Ordinance regarding fees for residential and commercial plan reviews by the Fire Marshal. Seconded by Councilor Edwards, the motion passed unanimously.

 

                M. Solicitor Marcello – Discussion and possible vote regarding Town Council recommendations of
                      permissible zone/s for recreational marijuana testing, cultivation, manufacture and retail shops

 

In lieu of a projected zoning review, item 8-N was tabled indefinitely.

 

                N. Councilor Burk – Discussion and possible vote to approve Resolution in support of Housing

                      Development and Land Use

 

Councilor Edwards V motioned to approve Resolution 2023-0006 in support of Housing Development and Land Use. Seconded by Councilor Edwards, the motion passed unanimously.

 

                O. Clerk Chabot – Discussion and possible vote regarding Resolution for Special Election Charter Review

                     Commission and possible dates

 

Clerk Chabot noted that based on revised general law, the date for special elections would be required to be held on the first Tuesday after the first Monday, therefore, the earliest date is August 8, 2023. As Congressional District 1 (CD1) Special Election dates had not yet been set, the Board of Elections recommended October 3, 2023, or November 7, 2023, for Tiverton’s special election, pending a decision on the CD1 election.

 

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

 

Council consensus was April 8 at 9:00 AM and April 17 at 6:00 PM.

 

                Q. Administrator Cotta – Discussion and possible vote to hire Attorney Anthony DeSisto as special
                     counsel for Police Department litigation matter

 

The item was tabled until after Executive Session.

 

9. EXECUTIVE SESSION

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

                     AFSCME Local 2670A negotiations

 

                B. Administrator Cotta – RIGL-42-46-5(a)(2) Litigation: regarding potential litigation in Police Department
                     matter

 

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

                     (USDC-RI 21-00477 & NC 2021-0042) update

 

                D. Council President deMedeiros – RIGL 42-46-5(a)(1) Personnel – Job Performance/Annual Evaluation

     for Town Administrator Christopher Cotta – Notice given

 

Councilor Edwards motioned to enter Executive Session for agenda items 9A, 9B, 9C, and 9D. Councilor Edwards V seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 9:31 p.m.

Council returned to open session at approximately 10:38 p.m.

 

Councilor Edwards V motioned to seal the minutes of the Executive Session. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported that item 9A, update from labor counsel, no votes, item 9B, update on potential litigation, no votes, item 9C litigation update, no votes, and item 9D general discussion on Administrator’s performance with potential increase in open session.

 

                J. Council President deMedeiros – Discussion and possible vote to approve a salary increase for Town

                    Administrator Cotta, effective 10/1/2022

 

Councilor Edwards V motioned to approve a salary increase for Town Administrator Cotta as per the fiscal impact statement provided dated March 8, 2023. Councilor Edwards seconded the motion. The motion passed unanimously.

 

                Q. Administrator Cotta – Discussion and possible vote to hire Attorney Anthony DeSisto as special
                     counsel for Police Department litigation matter

 

Councilor Edwards motioned to approve hiring Attorney Anthony DeSisto as special counsel for the Police Department litigation matter. Councilor Edwards V seconded the motion. The motion passed unanimously.

 

10. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 10:41 pm.

 

A True Copy.

 

ATTEST_____/Joan B Chabot/________________

                         Joan B. Chabot, Town Clerk