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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 25, 2024, at 7:00 PM at the Tiverton High School Auditorium, 100 N. Brayton 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 | John G. Edwards V |
| Jay P. Edwards | David J. Paull | Deborah G. Janick |
Absent
Dennis J. Milbourne
Administrator Cotta, Solicitor Marcello, and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
President Denise M. 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 11, 2024 – Regular Meeting (Councilor Milbourne abstains, absent)
2. March 11, 2024 - Executive Session (Councilor Milbourne abstains, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Personnel Board - (1)
2. Litter Control – (1)
3. Board of Canvassers – (1)
4. Zoning Revision Committee – (1)
5. Harbor Commission – (1)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – February 2024 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Town of Warren – Resolution opposing H 7983 Creating the Office of State Building Commissioner
2. Town of Charlestown – Resolution opposing any revival of The Old Saybrook to Kenyon Bypass
3. Town of Charlestown – Resolution supporting amendments to RIGL 45-24-38 General Provisions
– Substandard Lots of Record
4. Town of Charlestown – Resolution supporting H 7462 Amendments to the Energy Facility Siting Act
5. Town of Charlestown – Resolution supporting H 7688 regarding State Hotel tax distribution formula
6. Town of Hopkinton – Resolution opposing any revival of The Old Saybrook to Kenyon Bypass
7. Town of Hopkinton – Resolution opposing H 7693, S2361, and S2373 related to Real Estate
Conveyance Tax
8. Town of Hopkinton – Resolution opposing H 7681 related to Tax Valuation freeze on Affordable
Housing
9. Town of Hopkinton – Resolution opposing H 7651 related to Low Income Housing (8% Alternate
Tax Rate)
10. Town of Hopkinton – Resolution opposing H 7378 related to Homestead Exemption
11. Town of Hopkinton – Resolution opposing S 2018 related to Levy and Assessment of Local Taxes
12. Town of Hopkinton – Resolution opposing H 7981 related to Zoning Ordinances
13. Town of Hopkinton – Resolution opposing H 7980 related to Mobile and Manufactured Homes
14. Bay Street Neighborhood Roadways 2024 ELUR Inspection
15. Bay Street Neighborhood Park 2024 ELUR Inspection
E. Approval of Narragansett Electric/Verizon Joint Pole Petition for Pole 40-84 near 20 Ferreira Drive
F. Approval of Narragansett Electric/Verizon Joint Pole Petition for Pole 119-7 on Bouchard Lane
Councilor Edwards V removed item D-1
Councilor Burk removed items B-5
Councilor Edwards V motioned to approve the Consent Agenda except for items D-1 and B-5. Seconded by Councilor Janick, the motion passed unanimously.
Re: B-5, Councilor Burk noted the senate counterpart S 2415 to proposed bill H 7060 around the protection of Seapowet Marsh areas would be taken up this Thursday in the Housing and Municipal Government Committee. He urged council members to attend in support.
Re: D-1, Councilor Edwards V suggested the Council also oppose H 7983 Creating the Office of State Building Commissioner. It would be placed on the next meeting agenda for a vote.
Councilor Edwards V motioned to approve the Consent Agenda items B-5 and D-1. Seconded by Councilor Paull, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Library Director Catherine Damiani spoke about three new Community Partnerships: United Way’s 211 Service, a free and confidential service to assist with Medicare/Medicaid, cyber security assistance, special needs emergency registry, and more. The second involves an April pet supply donation drive in coordination with the Dog Park to benefit Family Pet Advocates. Finally, she noted the Rhode Island Community Food Bank was offering of a free commodity supplemental food program box for those who qualify.
Shannon McNamara expressed great concern over two options proposed by the superintendent as a result of the School Department’s budget shortfall and loss of state aid. She feared resulting negative economic impacts, declining enrollment, and low academic performance and graduation rates. She suggested a thorough investigation to determine where tax dollars are going.
Jaime French spoke in opposition to agenda item 8-D, Rhode Island Ready’s proposal for the pre-permitted development of the Industrial Park. Her concerns included potential impacts on surrounding schools, residential areas, and drinking water contamination.
Jordan Reilly questioned the possible closure of Fort Barton school, concerned about possible incentive programs that turn vacant schools into low-income housing. She mentioned there was talk of casino monies being used to cover remaining bond deficits that would not be tolerated by citizens who already voted on casino funds.
6. BOARD OF LICENSING – Discussion and possible votes
A. Shannon Tuttle/Miriam Hospital Foundation – Requesting Special Event Permit for The Miriam
Hospital Gala & Auction – A Night of Champions – May 11, 2024, from 5:30 - 11 PM at Longplex, 300
Industrial Way
Shannon Tuttle with the Lifespan Special Events office briefed the council on the Miriam Hospital Gala & Auction event to be held at Longplex. They anticipated approximately 500 guests and hoped to raise $1,000,000 to support a mobile-integrated healthcare initiative. The event would start with a cocktail reception, followed by a seated dinner/fundraiser, followed by music and dancing. A licensed catering company would be serving dinner and beverages. Food would be cooked/prepared under a 30x40 outdoor tent. Approximately 200 cars were expected, with parking facilitated by a professional valet company.
Solicitor Marcello noted that a recent Superior court ruling upheld the decision of the Zoning Board permitting events that were subject to the Zoning appeal, which he described as a retail clothing sale, a car show, and a sneaker expo. He stated the event, as described, seemed a little outside of that decision of the court/zoning board.
Councilor Edwards V did agree the type of event seemed somewhat outside of the purpose of the facility and likened it to an occasional special event, no different than a neighbor requesting to host a wedding. As long as it would not be a regular occurrence, he would be in favor.
Council Vice President Burk disagreed that the event was in any way a recreational event and the council had every right not to approve.
Attorney Daniel Reilly, counsel for Longplex, noted that plans had previously been run by the police and fire departments and two police detail officers would be present.
Councilor Jay Edwards stated that Mr. Long has deviated from being a sports complex and wants to become the Civic Center of Tiverton, including events that are not sports-related. He considered Mr. Long to have an illegal parking lot that he developed to make more accessible.
Council Vice President Burk criticized what he described as Mr. Long consistently coming before the council only a few weeks in advance of events. Although he supported the event, he warned he would never again approve an event in the eleventh hour.
Councilor Paull questioned if the next special event request on the agenda for Tiverton 4 Corners was zoned for antique, cultural, and art shows.
Councilor Edwards V motioned to approve the Special Event Permit for The Miriam Hospital Gala & Auction – A Night of Champions – May 11, 2024, from 5:30 PM - 11 PM at Longplex, subject to meeting all legal requirements. Seconded by Councilor Paull, the motion passed 4-2, with Councilors deMedeiros and Edwards opposed.
B. Ted Biszko – Requesting Special Event Permit for Tiverton 4 Corners 4th of July Antiques Show – July 4,
2024, from 9:00 – 4:00 PM at The Meeting House, 28 East Road
Mr. Biszko noted they expected 30-40 dealers and 200-300 people attending throughout the day.
After discussion, questions arose about adequate parking for the event. Mr. Biszko was asked to bring a detailed parking plan to the next meeting.
Councilor Burk motioned to table this item to the next meeting. Seconded by Councilor Edwards V, the motion passed unanimously.
7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Stu Gilfillen/Recreation - Consideration of a sound variance for 2024 Tiverton Summer Concert Series
to be held on July 12, 19, 26 and Aug 2, 9, 16, 23 from 6:00 to ~8:30 PM (rain dates on August 30 &
September 6)
Council President deMedeiros opened the public hearing. No one presented to speak, and the hearing was closed.
Councilor Edwards V motioned to approve the sound variance for 2024 Tiverton Summer Concert Series
to be held on July 12, 19, 26 and Aug 2, 9, 16, 23 from 6:00 to ~8:30 PM (rain dates on August 30 &
September 6). Seconded by Councilor Burk, the motion passed unanimously.
8. GENERAL BUSINESS
A. Council President deMedeiros – Discussion regarding potential financial impact on bond indebtedness
of closure of Fort Barton Elementary
Solicitor Marcello had explained there was refinancing of approximately $30 million of school bonds that occurred in 2017. The original bonds were approved in 2008. He said the refinancing was an amalgamation of bonds with other bonds across the state of other school districts and Tiverton was a very small part of a larger bond issue. He added that if the school is closed, the bond would not be callable, but the town would still be obligated to pay the remaining principal and interest. He furthered that Administrator Cotta had informed him that a 35% housing aid reimbursement from the state would be in jeopardy, leaving the town to make up the difference. The Administrator confirmed that 35% of the $3 million owed, was just $1 million dollars, which would be due between now and 2028.
Councilor Edwards V stated this $1 million dollar loss was untenable and would be crippling to the municipal side. He alleged the school department, without any taxing authority, was merely shifting the problem to the town. Council President deMedeiros agreed, stating ultimately it would unfairly become the taxpayers problem.
Councilor Janick reminded that with the maintenance of effort requirement, that state law would require the schools receive the same amount plus $1, the next year.
Councilor Edwards placed blame on the superintendent for the predicament, and complained they repeatedly have overspent their budget. He stated that the school department needs to work within the framework of what the town can give, if that meant pairing down staff or reducing raises. He furthered that the town would not be laying off fire, police and DPW as a solution.
Administrator Cotta expressed complete disappointment in the elected officials and the administration of the school, by offering an option to close a vibrant school. He stated the school closing option was completely unexpected and referred to it as malfeasance. He indicated there would be no actual savings in closing the school, especially in light of new residential developments that would bring in many new students. He disagreed that there was an actual budget deficit, which would have required per the state, the submittal of a corrective action plan, which had never been done. He explained that, conversely, the town puts one time monies into the general fund for capital use and to offset taxes. He suggested a full throated public hearing to let the voters decide on the school closing option.
Council President deMedeiros pointed out that many, if not all, of the current council members, had previously worked on the budget committee, and understands the budget process well. She stated that despite the town doing everything they could to help the schools, they spent 8%, rather than the 4% given. She furthered that the town has put off many necessities for years, and it was not fair to the town.
Resident Lori Reis Brooks expressed concerns about the over spending, the increase in electronic textbooks, and the potential to lose teaching specialists. Resident Joslyn Mathew asked questions about the reasons behind the loss of state aid. Resident Nancy Driggs had questions about the unified budget processes and what authority the council has to shape the school budget.
B. Council President deMedeiros – Discussion and possible vote of the town council to request the
school department provide a detailed summary, inclusive of the budget actuals for Fiscal Year 23-24
and Fiscal Year 24-25 budgets
Council President deMedeiros explained how the town makes public and reviews a full municipal expense and revenue report every two months and has never received anything similar from the school committee. She believed receiving this information would be critical in determining not only how last year’s monies were spent, but also aid the new budget projection. She stated that everyone needed to be privy to those.
Council Vice President Burk suggested they look back further to at least FY 19-20, including how one-time pandemic monies and ESSER funds were spent. He commented that the town was essentially throwing money away by losing police, fire, and DPW personnel due to non-competitive salaries.
After continued council discussion, all were in agreement with the request for a transparent school department budget account.
Councilor Burk motioned to approve the Town Council to request the school department provide a detailed summary, inclusive of the budget actuals for 2019-2025, including all ESSER funds and expenses including details, and all Medicaid reimbursements and expenses detailed, and all fund balances. Seconded by Councilor Edwards V, the motion passed unanimously.
C. Police Chief Jones – Discussion and possible vote concerning partnership with Police Department and
CODAC
Chief Jones was unable to make the meeting. The item will be included at the next meeting.
D. Administrator Cotta/Vice President Burk – Presentation from RI Ready regarding possible Business
Park Development
Bob Sykes with Pare Corporation presented an opportunity for the town to join the Rhode Island Ready grant program, described as a statewide industrial site readiness initiative designed to prepare sites to achieve pre-permitted status and managed by the Quonset Development Corporation. He explained the program provides funding through a $40 million general obligation bond that was approved by voters in 2021, with the purpose of job creation, increasing tax revenue, and encouraging private investment within the state. He explained the programs were divided into two buckets: the first is technical assistance by providing grants to municipalities and industrial site owners for engineering assistants to pre-design and pre-permit the sites to make them more appealing. The services can include surveying, wetland delineation, geotechnical investigations, site engineering, and permitting to activate underutilized industrial parcels. The second bucket is capital assistance in the form of a grant for infrastructure improvements to activate underutilized industrial properties through widened roadways, extensions of roadways, and increased utility capacity to help service the industrial areas. He said eligible sites include industrial sites for new industrial use that can accommodate 100,000 square feet or greater or existing industrial uses that are proposing significant expansion or for the design and construction of infrastructure to service an existing industrial district or parcel. Mr. Sykes detailed the application processes, which included economic impact assessments and schedules.
Resident Karen Ephraim addressed the council with concerns over the industrial park development relative to potential unknown hazards, impacts on public drinking water, and excessive decibel levels affecting neighborhoods, wildlife, and wetlands.
E. Councilor Paull - Discussion and possible vote on Pocasset Cemetery Commission Fee Schedule
increase in the fee of “Cost of Mechanical Device & Greens Rental – Full Body” from $75 to $100
Councilor Edwards V motioned to approve the increase as requested by Councilor Paul and the Cemetery Commission. Seconded by Councilor Paull, the motion passed unanimously.
F. Councilor Paull - Discussion and possible vote on amendment to Pocasset Cemetery Commission
Bylaws regarding burial delays
Councilor Edwards V motioned to approve the amendment as set forth. Seconded by Councilor Paull, the motion passed unanimously.
G. DPW Director Rogers - Discussion and possible vote to approve sufficient funds to allow the Town
Administrator to sign and submit the RIDOT Municipal Road & Bridge Program (MRBP) FY25
Participation Form
Councilor Edwards V motioned to the Town Administrator to sign and submit the RIDOT Municipal Road & Bridge Program (MRBP) FY25 Participation Form. Seconded by Councilor Paull, the motion passed unanimously.
H. Council Vice President Burk – Discussion and possible vote advertise Request for Proposal (RFP) for
hiring professional engineering and consulting services for the Harbor Management Plan
Councilor Edwards V motioned to approve advertising the RFP with any necessary modifications made by the Town Administrator. Seconded by Councilor Janick, the motion passed unanimously.
I. Administrator Cotta - National Small Business Week 2024 Proclamation
The agenda item did not indicate “possible vote”, so it would be placed on the next meeting agenda for consideration.
J. Administrator Cotta – Discussion and possible vote to approve budget transfer requests for Fiscal Year
2023-2024:
1. $24,158.89 From Acct: 1020-6890 Town Council Contingence To Acct: 1050-7159 Legal Services
2. $11,750 From Acct: 2190-5268 Insurance Group Active To Acct: 2190-5260 Ins. HSA Contribution
3. $6,543.18 From Acct: 1020-6890 Town Council Contingency To Acct: 2300-5295 Unfunded Liability
4. $108,117.57 From Acct: 460-5104 ARPA To Acct: 3310-5104 Fire Overtime
5. $5,736 From Acct: 3330-5101 PD - Salary To Acct: 3330-5181 PD - Summer Patrol
6. $800 From Acct: 3330-6125 PD - In Service Training To Acct: 3330-6150 PD-Employee Assist Prgm
7. $3,633.46 From Acct: 3330-7590 PD - IT Computer Services To Acct: 3330-6735 PD - Software
8. $2,506.08 From Acct: 3330-6928 PD - Education To Acct: 3330-6910 PD - Heat
9. $4,466.68 From Acct: 3330-6667 PD Operations, Ammo To Acct: 3330-7840 PD - Station Maint
Councilor Edwards V motioned to approve the budget transfers as noted. Seconded by Councilor Janick, the motion passed unanimously.
K. Discussion and possible vote to advertise proposed amendments to Town Code of Ordinances,
Appendix A Zoning regarding permissible zone/s for retail shops, testing, cultivation, and
manufacture of recreational cannabis
Solicitor Marcello noted the next step would be to send it to the Planning Board for an advisory recommendation.
Councilor Edwards V motioned to send the amendment to the Planning Board for an advisory
recommendation. Seconded by Councilor Burk, the motion passed unanimously.
L. Discussion and possible vote regarding the Town of Burrillville's request to form a coalition to develop
a joint resolution regarding an overhaul of the funding mechanisms and/or other factors contributing
to inconsistent funding and appropriate support for schools
After a brief discussion, Council President deMedeiros offered to join with a possible alternate member.
Councilor Edwards V motioned to reach out to Burrillville to join in coalition. Seconded by Councilor Burk, the motion passed unanimously.
9. EXECUTIVE SESSION
A. Asst Town 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); Litigation Update
B. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on Teamsters Local 251
negotiations
C. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IBPO #406 negotiations
D. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IAFF Local 1703
negotiations
E. Council President deMedeiros/Administrator Cotta – RIGL 42-46-5(2)(4) – Any investigative
proceedings regarding allegations of misconduct, either civil or criminal, Police/School Department
F. Town Administrator – RIGL 42-46-5(a)(2) Litigation: Potential litigation regarding North Tiverton Fire
District and Tiverton Wastewater District
Councilor Burk motioned to enter Executive Session for agenda items 9A through 9F. Councilor Edwards V seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 10:03 p.m.
Council returned to open session at approximately 10:35 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 that all items, 9A through 9F were discussion only, and no votes were taken.
10. ADJOURNMENT
Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 10:40 p.m.
A True Copy.
ATTEST________________________________
Jean Marie Veegh, Deputy Town Clerk