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, May 13, 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
Vice President Michael S. Burk	John G. Edwards V	Jay P. Edwards
David J. Paull	Deborah G. Janick
Absent
President Denise M. deMedeiros
Dennis J. Milbourne

 

Administrator Cotta, Solicitor Marcello, Clerk Chabot, and Deputy Clerk Veegh were also present.

 

***CONSIDERATION AND VOTE ON THE FOLLOWING PROCLAMATION***

EMERGENCY MEDICAL SERVICES WEEK – May 19 – 25, 2024

 

Vice President Burk read aloud the proclamation. Fire Chief Bailey expressed his support for the proclamation.

 

Councilor Paull motioned to approve the Proclamation. Seconded by Councilor Edwards V, the motion passed unanimously.

 

BUSINESS BROUGHT BEFORE THE COUNCIL

Vice President Burk 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. April 13, 2024 – Special Meeting  (Councilors Edwards, Edwards V, and Milbourne abstain, absent)

     2. April 20, 2024 – Special Meeting (Councilor Edwards V abstains, absent)

     3. April 20, 2024 – Executive Session (Councilors Edwards V and Milbourne abstain, absent)

     4. April 24, 2024 – Regular Meeting (Councilor Milbourne abstains, absent)

     5. April 24, 2024 – Executive Session (Councilor Milbourne abstains, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
   1. Historic Preservation Advisory Board – (1)

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – April 2024

     2. Town Administrator – Police and Fire Department Overtime Reports – April 2024

 

D. Acknowledge Receipt of Correspondence
     1. Town of Bristol - Resolution in support of Safety Barriers on bridges over Narragansett Bay

     2. Town of Burrillville – Resolution opposing HB 8109 – Legislation relating to Taxation – Statewide
                  Tangible Property Tax Exempt

     3. Town of Barrington - Resolution in support of Safety Barriers on bridges over Narragansett Bay

     4. Town of Exeter - Resolution in opposition to H 7983

     5. Town of Exeter - Resolution opposing any revival of The Old Saybrook to Kenyon Bypass

     6. Town of Exeter - Resolution in support of Fully Funding State Aid to Libraries to the Full 25% Level

     7. Town of Exeter - Resolution in opposition to H 7763 and S 2679 Relating to Public Records
     8. Letter from Chris Clarendon re: proposed amendments to Town Ordinances Chapter 54,

                  Section 54-32 Chapter 78, Section 78-72

 

Councilor Edwards V removed item D-2
Councilor Burk removed item D-4
Councilor Janick removed item D-7

Councilor Edwards motioned to approve the Consent Agenda except for items D-2, D-4 and D-7. Seconded by Councilor Edwards V, the motion passed unanimously.

Re: D-2, Councilor Edwards V suggested the council also oppose HB 8109 – Legislation relating to Taxation. He asked the Solicitor to draft resolutions in support of HB 8265 and HB 8266.

Re: D-4, Councilor Burk explained that H 7983 creates the Office of the State Building Commissioner and
allows that office to enforce all laws of the state including, but not limited to, conducting and supervising building code inspections of all residents and commercial buildings regulated by the code within the state and standardizes building code interpretation. He said the concern of the Exeter Town Council is that it will supersede the rights of cities and towns around building code execution and enforcement.

Re: D-7, Councilor Janick was concerned about the potential enormous burden necessary to submit large amounts of records over short periods and asked the Solicitor to draft a resolution in opposition to H7763 and S2679 for council consideration.     

Councilor Edwards V motioned to approve Consent Agenda items D-2, D-4, and D-7. Seconded by Councilor Janick, the motion passed unanimously.

 

5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

No one presented to speak.

 

6. BOARD OF LICENSING – Discussion and possible votes

                A. Tiverton Recreation, LLC - Requesting Special Event Permit for Touch-A-Truck event on Sunday, June

                     16, 2024 from 10:00 AM – 1:00 PM at Longplex Family & Sports Center, 300 Industrial Way

 

Councilor Edwards V motioned to approve the Special Event Permit for Touch-A-Truck event on Sunday, June
16, 2024 from 10:00 AM – 1:00 PM at Longplex Family & Sports Center, 300 Industrial Way. Seconded by Councilor Paull, the motion passed unanimously.

 

7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Planning Board - (9) Member Board (3) Year Terms (1) Vacancy, Term ending 7/15/2025

                      1. Stephen Clarke, 31 Peaceful Way - Requests appointment
                      2. Adam Rapoza, 31 Carpenter Street - Requests appointment

 

Stephen Clarke and Adam Rapoza had been interviewed by the Council at the 4/24/2024 meeting.  

 

Councilor Edwards motioned to appoint Stephen Clarke, 31 Peaceful Way to the Planning Board for a term ending 7/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Semiquincentennial Commission - (9) Member Board (2) Vacancies, Terms ending 12/31/2026

                    1. Christine Costa, 1173 Main Road - Requests appointment

 

Ms. Costa was interviewed by the Council.

 

Councilor Edwards V motioned to waive policy and appoint Christine Costa, 1173 Main Road to the Semiquincentennial Commission for a term ending 12/31/2026. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Tree Commission - (3) Member Board (4) Year Terms (3) Vacancies

                    1. Tom Molinski, 122 Thomas Street - Requests reappointment for term ending 4/15/2028

               

Mr. Molinski was not able to make evening meetings for medical reasons.  

 

Councilor Edwards V motioned to waive the interview policy and re-appoint Tom Molinski to the Tree Commission for a term ending 4/15/2028. Seconded by Councilor Edwards, the motion passed unanimously.

 

                D. Tax Assessment Board of Review - (3) Member Board (3) Year Terms (1) Vacancy,

                     Term ending 10/15/2026

                    1. Judith Jones, 1749 Main Road - Requests appointment

 

Ms. Jones was interviewed by the Council.

 

Councilor Edwards V motioned to waive policy and appoint Judy Jones to the Tax Assessment Board of Review for a term ending 10/15/2026. Seconded by Councilor Paull, the motion passed unanimously.

 

                E. Recreation Commission – (7) Members (3) Year Terms (1) Vacancy, 

                     1. Chris Roemlein, 73 High Hill Road – Requests reappointment, term ending 4/15/2027

 

Mr. Roemlein was not available for interview.  

 

Councilor Edwards V motioned to re-appoint Chris Roemlein to the Recreation Commission for a term ending 4/15/2027. Seconded by Councilor Janick, the motion passed unanimously.

 

8. GENERAL BUSINESS

A. RI Energy request for a potential amendment to the zoning code to facilitate the open storage of

     utility poles for an upgrade to area electric transmission lines, discussion

 

Jacques Afonso from Rhode Island Energy explained how the zoning code amendment request was related to a major electric transmission replacement project running from the Massachusetts state line and across the Sakonnet River, feeding Aquidneck Island and the Tiverton substation. The project was expected to start in the fall of 2024 and last approximately one to two years. He stated laydown area was necessary for materials and construction equipment, as close to the project as possible, and have identified a suitable lot at the corner of Main and Souza Roads.

 

Solicitor Marcello clarified that RI Energy originally approached the Building Department for approval, but that under Article IV, Sec. 15, open lot storage of junk, scrap, salvage materials, construction equipment and/or materials not associated with a wholesale business, was not allowed in Tiverton. Rhode Island Energy was proposing a limited exception or amendment to the zoning code that would allow for public utilities on adjacent lots for particular projects.

 

After discussion, it was agreed the Solicitor and counsel for RI Energy would work on the proposed language, and then, if acceptable to the Council, would potentially be referred to the Planning Board for recommendation.

 

B. DPW Director Rogers – Requests approval to extend FY24 Bid Awards through FY25 as allowed by bid

     specifications for: HDPE Pipe, Catch Basin Frames/Grates, Septic Tank Pumping, and OWTS
                    inspections 

 

Councilor Edwards V motioned to extend FY24 Bid Awards through FY25. Seconded by Councilor Edwards, the motion passed unanimously.

 

C. DPW Director Rogers – Discussion and possible vote to approve funds to advertise bids for: Paving,

     Road Materials, Crack Sealing, and Line Painting

 

Councilor Edwards V motioned to approve the funds to go out to bid for the items listed by the director. Seconded by Councilor Edwards, the motion passed unanimously.

 

D. Discussion and possible vote to approve funding 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

     1. Planning Board Recommendation

 

Councilor Edwards V motioned to advertise the proposed amendments for public hearing. Seconded by Councilor Janick, the motion passed unanimously.

 

E. Discussion and possible vote to approve funding to advertise proposed amendments to Town Code of

    Ordinances, Chapter 2 Administration, Section 2-91 Restricted Appropriation Account adding new

    restricted account (5) Snow Removal    

 

Councilor Edwards V motioned to advertise the proposed amendments for public hearing. Seconded by Councilor Edwards, the motion passed unanimously.

 

F. Discussion and possible vote to approve funding to advertise proposed amendments to Town Code of

    Ordinances, Chapter 2 Administration, Section 2-107 Casino Gaming Revenue under 2-107 (b)

    recording $200,000 to the restricted Paving Account instead of the unassigned general fund

 

Councilor Edwards V motioned to advertise the proposed amendments for public hearing. Seconded by Councilor Janick, the motion passed unanimously.

 

G. Discussion and possible vote on the FY 25 Preliminary Unified Budget Ordinance and set Public

     Hearing date

 

Councilor Edwards V motioned to approve the FY25 Preliminary Unified Budget ordinance for advertising. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards V motioned to set the Unified Budget public hearing date for June 18, 2024, at 7:00 p.m. Seconded by Councilor Edwards, the motion passed unanimously.

 

After further discussion, the Council decided to schedule an earlier hearing date and chose an alternate date if a location was not available.  

 

Councilor Edwards V motioned to advertise a public hearing for the Unified Budget on June 12, provided that the clerk can find a location. If she can't, then the next date would be the 18th of June assuming we have a location and also to post for a special Town council meeting. Both those first times are at 7:00 p.m. and the special Town council meeting at 9:00 a.m. on the morning of Saturday June 15. Seconded by Councilor Edwards, the motion passed unanimously.

 

H. Discussion and possible vote to schedule public hearing and to advertise public hearing for

     amendment to Appendix A – Zoning Ordinance, Article XVI.  This amendment will extend the sunset

     provision on the mandate to amend the District Use Table in relation to uses that require a special

     use permit and to draft specific and objective criteria for uses that require a special use permit.

 

Councilor Edwards V motioned to advertise a public hearing on June 24 for amendments to Appendix A – Zoning Ordinance, Article XVI. Seconded by Councilor Paull, the motion passed unanimously.

 

The Council decided on June 24, 2024 as the hearing date for Item H and subsequent items I,  J and K. 

 

I. Discussion and possible vote to schedule public hearing and to advertise public hearing for

     amendments to Appendix A – Zoning Ordinance, Articles III, IV, VII, and IX and to adopt a new Zoning

     Map.  These amendments generally adopt a new R-120 zoning district, which will replace the R-80

     zone district and expand to portions of the current R-40 and R-60 zoning districts.

 

Councilor Edwards V motioned to advertise a public hearing on June 24 for amendments to Appendix A – Zoning Ordinance, Articles III, IV, VII, and IX and to adopt a new Zoning Map. Seconded by Councilor Edwards, the motion passed unanimously.

 

J. Discussion and possible vote to schedule public hearing and to advertise public hearing for

     amendments to Appendix A – Zoning Ordinance, Articles II and V and to create Article XXVI.  These

     amendments will adopt conservation development projects, a zoning and planning tool that requires

     subdivisions and land development projects of four or more units or lots to implement certain design

     criteria necessary to preserve the Town’s diminishing natural resources, in particular water.

 

Councilor Edwards V motioned to advertise a public hearing on June 24 for amendments to Appendix A – Zoning Ordinance, Articles II and V and to create Article XXVI. Seconded by Councilor Edwards, the motion passed unanimously.

 

K. Discussion and possible vote to schedule public hearing and to advertise public hearing for

     amendments to Appendix A – Zoning Ordinance, Articles II and IV.  These amendments will add to the

     list of specifically prohibited uses and will define those uses.

 

Councilor Edwards motioned to advertise a public hearing on June 24 for amendments to Appendix A – Zoning Ordinance, Articles II and IV. Seconded by Councilor Edwards V, the motion passed unanimously.

 

L. Town Administrator - Discussion and possible vote to ratify the proposed three-year contract with
                   Teamsters, July 1, 2022 – June 30, 2025, and Fiscal Impact Statement

 

Vice President Burk asked the Administrator to clarify the DPW employee decision to move from the Teamster Union to the United Steel Workers Union. He requested to hold the item until after executive session, to allow labor counsel to join. 

 

Vice President Burk motioned to amend the agenda to set a proposed date to meet with the School Committee. Seconded by Councilor Edwards V, the motion passed unanimously.

 

It was agreed to select either May 21, 2024 or June 3, 2024 for the meeting date. 

 

9. EXECUTIVE SESSION

                A. RIGL 42-46-5(a)(2) Tax Appeal Litigation regarding Twin River LLC v. David Robert (NM 2022-0138 &

     2022-2436) Discussion and vote on potential compromise and settlement

 

                B. Town Administrator – RIGL 42-46-5(a)(2) Collective Bargaining – Discussion and possible vote on
                     Teamsters Local 251 contract 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 – Discussion and possible vote on
     IAFF Local 1703 contract negotiations

 

                E. Town Administrator – RIGL 42-46-5(4) any investigation proceeding regarding allegations of

     misconduct, either civil or criminal, Fire Department

 

                F. Town Solicitor – RIGL 42-46-5(a)(2) - Quarterly Status Update on all pending litigation against the

     Town of Tiverton

 

G. Town Solicitor – RIGL 42-46-5(a)(5) – Update on acquisition of privately owned properties to be
                    donated to the town of Tiverton

 

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

 

The council entered into closed executive session at approximately 8:22 p.m.

The council returned to open session at approximately 9:22 p.m.

 

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

 

Solicitor Marcello reported that item 9A, discussion was held, and direction given to the Solicitor.

For items 9C, 9D, 9E, 9F, and 9G, discussion only, no votes taken.

For 9B, discussion and vote taken.

 

Councilor Edwards V motioned to ratify the contract as drafted for the purpose of going through the State Labor Relations Board to transfer bargaining representation from Teamsters to the Steelworkers Union. Councilor Edwards seconded the motion. The motion passed 4-1, with Councilor Paull opposed.

 

10. ADJOURNMENT

Councilor Edwards V motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 9:26 p.m.

 

 

A True Copy.

 

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk