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, July 8, 2024, 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	Jay P. Edwards
David J. Paull	Deborah G. Janick	Dennis J. Milbourne
John G. Edwards V

 

Administrator Cotta, Solicitor Marcello, and Clerk Chabot 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. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
   1. Board of Canvassers – (2)

 

B. Acknowledge Receipt of Correspondence
     1. Letter from Algonquin Gas Transmission re: maintenance pipeline activities
     2. Letter from Nancy J. Courmier re: Viti’s charging station
     3. Letter from Ray and Jean Goulet re: Zoning change questions and remote attendance
     4. Letter from David Carden re: support for the proposed Zoning Ordinance amendments

 

Councilor Edwards removed item B-1
Councilor Burk removed item B-3

Councilor Edwards V motioned to approve the Consent Agenda except for items B-1 and B-3. Seconded by Councilor Edwards, the motion passed unanimously.

 

Re: B-1, Councilor Edwards asked if sufficient advance notice of any excavations, duration, and location would be received. The Administrator replied that Algonquin Gas has historically been good with notifications. 

 

Re: B-3, Councilor Burk asked if someone could respond to the Goulet’s questions. The Administrator would have Solicitor Romano take a look at it.    

 

Councilor Burk motioned to approve the Consent Agenda items B-1 and B-3. Seconded by Councilor Edwards V, the motion passed unanimously.

 

5. PUBLIC COMMENTS

Diane Farnworth agreed to hold comment until Item 7-I topic was discussed.

 

Councilor Edwards V requested to have a road paving project update on the next agenda as he had received several calls requesting information.  

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgment of resignation:
                   1. Bob Sedoma from Recreation Commission effective 6/22/2024

 

Councilor Edwards motioned to accept the resignation of Bob Sedoma from the Recreation Commission with regret and thanks for his service. Seconded by Councilor Edwards V, the motion passed unanimously.

 

7. GENERAL BUSINESS

A. Council President deMedeiros – Discussion and possible vote on FY25 Unified Budget Ordinance

 

Solicitor Marcello explained the formal vote was required as the budget was changed at the last hearing, and approval from the Department of Revenue had been required. Upon passage, the time clock would start for any alternative budgets.

Councilor Burk motioned to approve the FY25 Unified Budget Ordinance as presented. Seconded by Councilor Edwards V, the motion passed unanimously.

 

B. Police Chief Jones – Discussion and possible vote to approve the appointment of retired Lieutenant

    Daniel Raymond as a reserve police officer

Councilor Burk motioned to approve the appointment of retired Lieutenant Daniel Raymond as a reserve police officer. Seconded by Councilor Edwards V, the motion passed unanimously.

 

C. Police Chief Jones – Discussion and possible vote to approve application for a COPS grant for 2025

Councilor Edwards V motioned to approve the Chief’s request to apply for the COPS grant for 2025. Seconded by Councilor Paull, the motion passed unanimously.

D. Council President deMedeiros – Discussion and fact-finding regarding Viti’s charging station/zoning

     issue

Council President deMedeiros explained the numerous complaints about car lights shining into people’s nearby houses at night.

 

Administrator Cotta stated he and Building Inspector Hoyle had been trying to resolve this with Viti. The previous zoning officer had mistakenly approved it upon the belief that it was for Viti’s customers only. However, the charging station was funded via an RI Energy grant and was required to be open 24/7. He believed a resolution would be to some sort of design change or screening to mitigate the light nuisance, and hoped Viti would be amenable to the remediation. He would report back when he had further information.   

 

E. Council President deMedeiros – Discussion and possible vote on limited use of Casino Gaming Capital

      Fund

                1. School Department capital needs for Books and Technical equipment

                2. Police Department capital needs for public safety vehicles

Councilor Burk motioned to approve a total of $285,861.00 from the casino gaming capital fund for the School Department - $200,000.00 for their technology hardware and $85,861 for their textbooks. Seconded by Councilor Edwards V, the motion passed unanimously.

Note: Items E-2 and F were combined as approval for the vehicle purchase was required prior to voting on casino fund appropriation.

Chief Jones explained a congressional grant was received for $280,000 for the purchase of public safety vehicles. The grant would pay for 5 of 6 vehicles. He was asking the town to pay for the 6th car for $75,000.00. 

 

F. Police Chief Jones – Discussion and possible vote to approve purchase of six (6) public safety vehicles,

     using $75,000 in gaming revenue and $280,000 from Congressional appropriation

Councilor Edwards motioned to accept the congressional grant and grant the Chief the authority to purchase the six public safety vehicles with $75,000 in casino capital fund, plus the $280,000.00. Seconded by Councilor Paull, the motion passed unanimously.

Councilor Burk motioned to move agenda item 7-I forward.  Seconded by Councilor Edwards V, the motion passed unanimously.

I. Councilor Edwards V – Discussion and possible vote regarding draft Charter Amendment for

    quasi-governmental agencies and the School Department related to reporting and council oversight

Councilor Edwards V explained that after a difficult budget season, two bills had been presented at the state house. One was for a funding grant for the school department. The other, which did not move forward, would require fiscal reporting from the two water departments, the wastewater department, and the school department on a regular basis.

 

Solicitor Marcello advised him that the way the water and wastewater districts were structured as stand-alone corporations, we have no standing in requiring information.

 

Councilor Edwards commented that his proposal would allow the voters to approve the requirement that the school department transmit financial data on a regular basis, so the council would be better prepared for future budgets.

School Committee Chair Farnworth expressed opposition to Councilor Edwards V's proposal. She stated that if adopted, this would have the potential to create an open-ended additional and unfunded financial reporting requirement on a department whose business functions are minimally staffed and overburdened, as it allows for the possibility of year-round and potentially politically motivated scrutiny of every dollar spent on education by a branch of town government that does not have the responsibility for care and control of our town schools. Alternatively, she suggested a joint finance committee charged with meeting regularly to discuss the financial condition of the town including the schools as well as both short and long-term needs for all the stakeholders that could be established by Charter.

 

Councilor Edwards stated that as long as he has been on the town council, he has asked the school committee for monthly financial reports that were never provided. He commented that school department reporting should be sent over monthly, just as they receive the monthly town financial reports.

 

Councilor Janick supported Ms. Farnworth’s proposal to form the financial committee, stating it shows not only transparency, but both sides working together. 

Councilor Burk also agreed with Councilor Janick and Ms. Farnworth’s suggestion and that he did not necessarily need the school department's monthly financial reporting.

Councilor Edwards V agreed that the process should be collaborative, but should include a mechanism to enforce the transfer of information. He said by enshrining it in the Charter, future school committees and councils are beholden to that idea of being collaborative.

Council President deMedeiros said she understood why the proposal was put forth, stating it was very difficult to get the necessary information from the school department.

Discussion continued and the Solicitor reminded that the agenda item was only for advertising for a public hearing, but that time was of the essence due to publication deadlines. 

Councilor Edwards V motioned to move the proposal forward for public hearing. Seconded by Councilor Paull, the motion passed 6-1, with Councilor Burk opposed.

It was decided to schedule the public hearing for July 31, 2024, at the Town Hall.

                G. Administrator Cotta – Discussion and possible vote regarding animal shelter services

Administrator Cotta noted that our contract with Potters had ended and renewal would be for another three years.

Councilor Edwards V motioned to approve the contract as requested by the Administrator. Seconded by Councilor Milbourne, the motion passed unanimously.

H. Discussion and possible vote regarding Article IV, Sec. 15(l), open lot storage

                1. Planning Board recommendation

Solicitor Marcello summarized the Planning Boards’ recommendations included limiting to industrial zones only in the Planned Development Park (PDP), which would limit it to the Industrial Park, with an 18-month time limit renewable by the Town Council. Other requirements included prohibited storage of hazardous materials, ensuring protection related to noise and dust, that the building official be provided with a list of stored materials and equipment, and notification to abutters of the temporary use. He noted this was essentially for accommodation to a public utility while trying to balance the interest of the residents.

Councilor Edwards expressed concern that a 36-month lease was far too long, suggesting an 18-month limit with an option for the council to extend for cause. He also said the site should be cleared within 60 days post project completion. He said we need to clearly define what kind of hazardous materials may not be stored on the site.

Attorney George Watson with Robinson and Cole, council for Narragansett Electric Co. d/b/a Rhode Island Energy, was present and offered to answer questions.

Councilor Burk expressed concern about the proposed location being a sensitive area and questioned relocation to the Industrial Park area as an alternative.

Mr. Watson explained the challenges such as bringing in heavy equipment and structures as well as proximity to tap lines within existing rights of way. He added that the project included two phases, the second of which would change the direction of traffic. He noted oil tanks would not be stored on the property. He estimated the first phase would last approximately 6 months and expected no issue with the 18-month limit.

Councilor Edwards V stated he saw no issues but wanted to ensure limitation to strictly public utilities including oversight of the building official.

Councilor Edwards V motioned to amend the proposed ordinance with changes to include limiting to general commercial, highway commercial, and industrial locations of three or more acres, for periods not to exceed 18 months, with possible 18-month extensions with council approval and non-hazardous materials. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Burk opposed. 

                J. Solicitor Marcello – Preserve Tiverton et. al. v. Tiverton Zoning Board of Appeals, NC 2023-0089 –

    Update on recent Superior Court Decision upholding Tiverton Zoning Board of Appeals reversal of

                    Tiverton Planning Board of Appeals denial of master plan approval and development plan review

Solicitor Marcello explained the Superior Court decision upheld the Zoning Board decision that reversed the Planning Board’s denial of master plan approval and development plan review. The decision specifically stated Preserve Tiverton does not have legal standing to appeal, however, Miss Haywood, one of the abutters, did have statutory standing to appeal. No official transcript was yet available. He added that the Zoning Board did have a hearing on July 17 for the special use permit.   

K. Councilor Burk – Update on Seapowet legislation H-7060 Sub A, Chapter 140 and S-2415 Sub A,

    Chapter 141

Councilor Burk noted this was an opportunity to thank Representative Edwards for his leadership on this issue and the passage of the protected area for Seapowet. He also thanked Senator DiPalma for his assistance on the Senate side.

 

L. Council President deMedeiros – Scheduling of Casino Gaming Funds meeting for capital expenditures

 

Note: The casino gaming funds meeting was scheduled (July 31, 2024) earlier in the meeting.

 

 

Council President deMedeiros asked for a motion to discuss Executive Session item 8-A, regarding Longplex, in open session.   

 

Councilor Burk motioned to move Executive Session item 8-A, regarding Longplex, to open session. Seconded by Councilor Edwards V, the motion passed unanimously.

                A. Town Administrator - RIGL § 42-46-5(a)(5) – Discussion and possible vote on sale/disposition of
                     publicly held properties in the Tiverton Industrial Park

 

Solicitor Marcello stated there was a recent meeting with Administrator Cotta and Longplex Attorney Daniel Riley to go over a proposal to purchase the rest of the Industrial Park property for $2,000,000.00 that was not accepted by the Council. He said Administrator Cotta had planned on requesting Council permission to get the land re-appraised. He relayed that the Administrator conveyed that the Council was not likely interested in selling the entire park to them nor tying up the property for a year as proposed. He clarified that in August of 2021, there was a purchase agreement presented by Longplex to purchase a parcel for $50,000.00 for the construction of an ice rink, which was accepted by the Council. The Solicitor stated emails show formal documents sent to the previous attorney for Longplex were never responded to. Eventually, he was instructed by the Administrator to take the offer off the table.

 

Council President deMedeiros stated she felt it was important to discuss the matter in open session to address misconceptions on social media that the Council was not working with Mr. Long.

 

The Administrator added that a request had been made to meet with financial backers of the project before formally entering into negotiations. He stated that he has been working with Mr. Riley, to try to come to some terms of something to put before the Council. Mr. Riley agreed with Mr. Cotta’s assessment.

 

Councilor Edwards supplied a report he had drafted that included individual lot valuations based on a 2020 appraisal that gave an estimated value of over $4,722,000. He also mentioned that in 2021, Northpoint Development had offered $50,000 per acre for 49 parcels would have yielded $6,631,000. He added that part of the current offer would be to repave Industrial Way and Progress Way plus streetlights and possibly sidewalks.

 

Attorney Riley responded to Councilor Edwards by noting that all of specific requested improvements had been indicated to the Administrator as open to negotiation. He noted that additional significant infrastructure would be required that Longplex was not requesting the town to contribute to. He called the Northpoint “very aggressive” but didn’t make sense for a builder and that, among other reasons, was why they didn’t close. He added the town knows that it is really bad land to develop and outside of the right environment, cost of materials, and supply chain issues, it is very difficult to make a project pencil out. Northpoint didn’t do the deal at that price point. He did not agree that the Northpoint offer should be used as a legitimate price for a baseline. He reiterated that although they were open to price negotiation, the town had to understand where they were coming in as a developer, and what a realistic price per acre is.

 

Councilor Burk stated that he has no trust in Mr. Long, nor has faith in him in moving forward with him under any terms.

 

Councilor Edwards V stated the current assessment of the existing Longplex facility was 17.4 M. His opinion was to get rid of some of this land and get it on the tax rolls, estimating an assessment closer to 50M, rendering significant tax revenue. He said his perspective would be to listen to any and all offers and continue negotiation, as a benefit to the town and its residents.   

 

8. EXECUTIVE SESSION

                A. Town Administrator - RIGL § 42-46-5(a)(5) – Discussion and possible vote on sale/disposition of

      publicly held properties in the Tiverton Industrial Park

 

                B. Town Administrator – RIGL 42-46-5(a)(2) Collective Bargaining – Update on IBPO #406 negotiations

    (Tiverton Fire)

 

Councilor Burk motioned to enter into Executive Session for agenda items 8A and 8B. Councilor Edwards V seconded the motion, the motion passed unanimously.

 

The council entered a closed executive session at approximately 9:02 p.m.

 

The Council returned to open session at approximately 9:46 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 that agenda items 8A and 8B were discussion only, and no votes were taken.

 

9. ADJOURNMENT

Councilor Edwards motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 9:47 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                        Joan B. Chabot, Town Clerk