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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 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 | Joseph C. Perry |
| Deborah G. Janick | Jay P. Edwards | John G. Edwards V |
Absent
Dennis J. Milbourne
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. March 13 – Regular Meeting (Councilors Perry abstains, absent)
2. March 13 – Executive Session (Councilors Perry abstains, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Litter Control Committee (1)
2. Historical Cemeteries Commission (1)
3. Historic Preservation Advisory Board (1)
4. Harbor Commission (1)
5. Budget Committee (2)
6. Zoning Board of Appeals (1)
7. Planning Board of Appeals (1)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – February 2023 Budget and Revenue Reports
2. Pocasset Hill Cemetery – 2022 Annual Report
3. Newport Mental Health – 2022 Annual Report
D. Acknowledge Receipt of Correspondence
1. Town of Hopkinton – Resolution in support of H6119 An Act Relating to Human Services – Medical
Assistance
2. Town of Burrillville – Resolution in opposition to environmental, social, and governance investing
3. Town of Burrillville – Resolution in opposition to House Bill 2023 - H5461 Relating to Elections –
Registration of Voters
4. Armenian National Committee requesting flag to be flown on April 24, 2023, for Armenian
Genocide Remembrance Day
Councilor Edwards motioned to approve the Consent Agenda items. Seconded by Councilor Janick, the motion passed unanimously.
Introduction of new Tiverton School Resource Officer Jacqueline Smaldone
Police Chief Jones introduced Officer Jacqueline Smaldone, who had been recently appointed as School Resource Officer. Officer Smaldone has had extensive prior experience as a mental health professional working with troubled teens.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments:
1. Jamie French – concerned with how Zoning is not consistent with the Comprehensive
Plan and how it relates and may discourage single-family homes in favor of high-density multi-
family condo-style units as well as the threat to conservation land and open space.
2. Chris Rapoza from Somerset, MA– the event planner spoke in support of the Longplex special event
Home Show request
3. Dan Reilley – Attorney for Longplex, Inc, questioned the council’s decision to postpone two
previously tabled special event applications. Acknowledging a Superior court decision, he
suggested a reasonable approach would have been to add the items, and table if necessary if the
court had not issued a ruling
4. Dr. Robert Bishop – The Tiverton resident expressed great concern re: the crematorium proposed
for development in Tiverton’s north end. His paramount concern was potential serious health risks
to nearby residents.
6. BOARD OF LICENSING – Discussion and possible votes
A. Michael J. Roderick, 264 Bulgarmarsh Road – Requesting Special Event Permit for the Annual
“Courtney Roderick Run for Recovery” 5K Run/Walk Event - July 22, 2023, from 8-11 AM - Start and
finish at Grinnell’s Beach
Councilor Burk motioned to approve the Special Event Permit for the Annual “Courtney Roderick Run for Recovery” 5K Run/Walk Event - July 22, 2023, from 8-11 AM - Start and finish at Grinnell’s Beach, pending meeting all legal requirements. Seconded by Councilor Edwards V, the motion passed unanimously.
7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. George O’Loughlin from Budget Committee effective 3/17/2023
2. Gayle Lawrence from Open Space Commission effective 4/15/2023
Councilor Edwards V motioned to accept both resignations with regret and thanking each for their service. Seconded by Councilor Perry, the motion passed unanimously.
8. GENERAL BUSINESS
A. Stu Gilfillen/Town Farm Renovation Chair – Discussion and possible vote to extend Town Farm
Renovation Committee thru December 31, 2023
Councilor Burk motioned to approve the extension of the Town Farm renovation committee and all its members through December 31 of 2023. Seconded by Councilor Edwards V, the motion passed unanimously.
B. David Paull/Dog Park Advisory Committee - Discussion and possible vote to extend Dog Park
Advisory Committee
Chair Paull was not available, Kim Sunderland was on hand to address the extension request. She stated extension would be for purposes of maintenance and potential new amenities, noting currently only nine members.
Councilor Burk motioned to extend Dog Park Advisory Committee through March 28, 2024. Seconded by Councilor Edwards V, the motion passed unanimously.
C. DPW Director Rogers – Approval and vote of budget transfers for FY23
1. $3,000.00 from Acct 5540-6698 Sand Salt & Gravel to Acct 5540-7325 Highway Signs
2. $3,000.00 from Acct 5540-5101 DPW Workers to Acct 5540-6910 Heat
Councilor Edwards V motioned to approve the budget transfers for $3,000.00 from Acct 5540-6698 to Acct 5540-7325 and $3,000.00 from Acct 5540-5101 to Acct 5540-6910. Seconded by Councilor Perry, the motion passed unanimously.
D. Police Chief Jones – Approval and vote of budget transfers for FY23
1. $6,500.00 from Acct 3330-6928 Education to Acct 3330-6125 In-Service Training
2. $3,500.00 from Acct 3330-7590 IT Services to Acct 3330-6735 Software
3. $1,252.00 from Acct 3330-6667 Operations to Acct 3330-6792 Taser Assurance Program
Councilor Edwards V motioned to approve the budget transfers for $6,500.00 from Acct 3330-6928 to Acct 3330-6125, $3,500.00 from Acct 3330-7590 to Acct 3330-6735, and $1,252.00 from Acct 3330-6667 to Acct 3330-6792. Seconded by Councilor Edwards, the motion passed unanimously.
E. Town Administrator/Treasurer Saurette – Discussion and possible vote to approve funds to advertise
RFP for Annual financial audit services for years 2024, 2025, and 2026
Councilor Edwards V motioned to grant the Administrator and Treasurer the ability to advertise RFP for annual financial audit services for years 2024, 2025, and 2026. Seconded by Councilor Burk, the motion passed unanimously.
F. Fire Chief Bailey – Discussion and possible vote to authorize application for Multi-Hazard Mitigation
Plan Grant not to exceed $30,000
Councilor Edwards motioned to authorize the application for Multi-Hazard Mitigation Plan Grant not to exceed $30,000. Seconded by Councilor Janick, the motion passed unanimously.
G. Fire Chief Bailey – Discussion and possible vote to spend $506,179.08 in items related to USDA
Emergency Healthcare Grant
Administrator Cotta noted he was waiting on information clarification, therefore asked the item to be tabled until the next meeting.
Councilor Burk motioned to table the item until the April 10, 2023 meeting. Seconded by Councilor Edwards V, the motion passed unanimously.
H. Police Chief Jones – Discussion and possible vote to authorize application for Legislative Grant
sponsored by Representative Edwards in the amount of $10,000.00
Councilor Edwards V motioned to authorize the application for Legislative Grant sponsored by Representative Edwards in the amount of $10,000.00. Seconded by Councilor Edwards, the motion passed unanimously.
I. Police Chief Jones – Discussion and possible vote to authorize application for FY24 Senate
Appropriations Grant in the amount of $280,000.00
Councilor Edwards V motioned to grant the Chief the ability to seek an FY24 Senate Appropriations Grant in the amount of $280,000.00. Seconded by Councilor Edwards, the motion passed unanimously.
J. Police Chief Jones – Discussion and possible vote to authorize application to FY23 COPS School
Violence Prevention Program and COPS Hiring Program
Councilor Edwards V motioned to authorize the application to FY23 COPS School Violence Prevention Program and COPS Hiring Program. Seconded by Councilor Perry, the motion passed unanimously.
K. Town Administrator/Police Chief Jones – Communication between Senators’ Reed and Whitehouse
with Chief Jones regarding Police Department dispatch center site visit on April 12, 2023, at 11:00 am
Chief Jones explained the scheduled visit with Senators Reed and Whitehouse was in an effort to see firsthand how the $500,000.00 grant funds were to be utilized to upgrade the dispatch area.
L. Town Administrator/Police Chief Jones - Discussion and possible vote to approve Memorandum Of
Understanding between School Department and Police Department regarding School Resource Officer
As President deMedeiros had been informed that the School Department had not yet voted on the item, she recommended the item be tabled until the next meeting.
Councilor Burk motioned to table the Memorandum Of Understanding between School Department and Police Department regarding School Resource Officer to the April 10, 2023 meeting. Seconded by Councilor Edwards V, the motion passed unanimously.
M. Town Administrator – Update regarding Tiverton Mount Hope Bay Watershed Plan
Administrator Cotta explained RIDEM had provided the town with the informational plan with the request for public officials to review and provide comments or any suggestions.
N. Councilor Edwards V – Discussion and possible vote to open and remove footnote language on Page
one (1) of the Administrator’s contract
Councilor Edwards V stated the footnote language was inconsistent with the Charter by creating a reporting structure outside of the Charter, and suggested the Administrator allow the contract to be opened to remove that specific language.
Councilor Edwards read a prepared statement that disagreed with Councilor Edwards V’s assessment, stating the Council President is recognized as the head of the town government by the Charter and within the Emergency Management Plan is the CEO of the town.
Council Vice President Burk questioned what specific issue had prompted the request. He also disagreed with the proposal, stating the Town Administrator would not be able to functionally conduct work if he had to wait until meetings to bring forth matters. Council Janick also questioned the necessity of the request.
Council President deMedeiros stated that she does not make any decisions without bringing them to the Council. She furthered that it had been the policy for years, and the Administrator at times needs guidance between meetings. She affirmed that the Administrator was alone, managing the town, and expressed full faith in his capabilities.
Council Edwards V clarified his request, stating he believed the Administrator’s contract should reflect that he is an independent CEO, doing the day-to-day functions of running the town and reporting back to the board as a whole. He added his concern for future presidents where this language might be taken advantage of.
Administrator Cotta confirmed that he appreciated the footnote language, as it helps him with guidance when a problem needs to be addressed.
O. Councilor Edwards V – Discussion and possible vote to add Consent Agenda item with detailed
attorney fees for Council review
Councilor Edwards V noted that a vote was likely unnecessary as it had come to his attention that councilors could view detailed bills upon request.
P. Discussion and possible vote on correction of Housing Authority member Nancy Mello’s appointed
term from 10/16/2020 – 10/15/2025 to 10/16/2021 – 10/15/2026
Clerk Chabot explained an error in the expiring terms had been discovered, necessitating the correction.
Councilor Edwards V motioned to change Nancy Mello’s appointed term to 10/16/2021 – 10/15/2026. Seconded by Councilor Burk, the motion passed unanimously.
Q. Councilor Burk – Discussion and possible vote regarding an amendment to Zoning Ordinance to strike
crematorium from the Use Table (Article IV) and make it a prohibited use townwide in all zones; refer to the Planning Board for recommendation
Councilor Burk clarified that if passed, the proposed amendment would not affect existing crematoriums nor any vested crematorium applications.
Councilor Burk motioned to send to Planning Board the proposed ordinance Amendment striking crematorium from Section 9 - Service Business d. under District Use Regulations and Tiverton Commercial Form-Based Code and add it to the prohibited section of the District Use Regulation. Seconded by Councilor Janick, the motion passed unanimously.
R. Council President deMedeiros – Scheduling of future Short-Term Rental Council Workshop meetings
No Short-Term Rental Council Workshop meetings were scheduled.
S. Council President deMedeiros – Scheduling of Budget Workshop Meetings (April 15 & April 17)
The following Budget Workshop meetings were scheduled: April 15 at 9am, April 17 at 6pm, April 22 at 9am,
May 6 at 9am and May 8 at 7pm.
9. EXECUTIVE SESSION
A. R.I.G.L. 42-46-5(a)(2) Preliminary discussion/and vote to procure special legal advice/services related
to zoning and planning development, changes and amendments and potential litigation.
B. Solicitor Marcello – R.I.G.L. 42-46-5(a)(2) Litigation related to National Opioid settlements; update on
litigation and proposed national settlement with Teva, Allergan, CVS, Walgreens, and Walmart, and
authority to sign and execute settlement agreement due by April 18, 2023.
C. Solicitor Marcello – R.I.G.L.-42-46-5(a)(2) Litigation: Highland Ridge Farm v. Town of Tiverton
(USDC-RI 21-00477 & NC 2021-0042) update on mediation efforts and further action and litigation by the town.
D. Solicitor Marcello – R.I.G.L. 42-46-5(a)(2) Tracy Heywood & Preserve Tiverton v. Town of Tiverton
Zoning Board of Review (NC 2023-0089); update on new litigation appealing decision of Tiverton
Zoning Board of Feb 23, 2023, overturning denial of master plan approval of Planning Board for
project located at Plat 118, Lot 264 (Main Road and Sousa Road).
E. Asst Solicitor Romano - R.I.G.L. 42-46-5(a)(2) Town of Tiverton v. Longplex and Tiverton Zoning
Board of Appeals (NC-2023-0036); Update on town’s motion to stay (3/24/2023) hearing and pending
matters.
Councilor deMedeiros motioned to enter Executive Session for agenda items 9A, 9B, 9C, 9D, and 9E. Councilor Edwards V seconded the motion. The motion passed unanimously.
Councilor deMedeiros made a motion pursuant to RIGL 42-46-6(b) to add for discussion only to the executive session the following items:
Executive session pursuant to RIGL 42-46-5(a)(5) and (a)(6) – discussion related to the sale of publicly held property in the Tiverton Industrial Park and related to a prospective business located in the state/town where an open meeting would be detrimental effect on the interests of the public.
Councilor Edwards V seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 9:00 p.m.
Council returned to open session at approximately 9:55 p.m.
Councilor Burk motioned to seal the minutes of the Executive Session. Councilor Edwards V seconded the motion. The motion passed unanimously.
Solicitor Marcello reported as follows:
9A: The Council unanimously voted to retain the services of Attorney Michael Desisto to assist the town in evaluating zoning and planning development as may affect future town projects.
9B: The Council unanimously voted to allow the Town Solicitor Michael Marcello to execute any and all settlement agreements related to the national opioid litigation against defendants Teva, Allergan, CVS, Walgreens, and Walmart.
9C: The council was given a status update on both cases and took a vote related to the future status of
USDC-RI 21-00477 the disclosure of which at this juncture remains confidential pursuant to RIGL 42-46-4(b).
9D: The Council was given an update on the new litigation; no votes were taken.
9E: The Council was given an update as to the status of the motion to stay heard the previous Friday, March 24, 2023, in Newport Superior Court. No votes were taken.
Added items: Discussion only, no votes taken.
10. ADJOURNMENT
Councilor Perry motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 9:56 p.m.
A True Copy.
ATTEST________________________________
Joan B. Chabot, Town Clerk