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 Tuesday, May 28, 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	John G. Edwards V
Jay P. Edwards	David J. Paull	Deborah G. Janick
Dennis J. Milbourne

 

Administrator Cotta, Solicitor Marcello, 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. May 13, 2024 – Regular Meeting (Councilors Milbourne and deMedeiros abstain, absent)

     2. May 13,  2024 - Executive Session (Councilors Milbourne and deMedeiros abstain, absent)

     3. May 4, 2024 – Special Meeting (Councilor Milbourne abstains, absent)

     4. May 4, 2024 – Executive Session (Councilor Milbourne abstains, absent)

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
   1. Litter Control Committee – (1)
   2. Zoning Board of Review – (2)
   3. Planning Board – (1)

 

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – April 2024 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence
     1. Letter from Peter Moniz re: proposed amendments to the Semiquincentennial Commission
         resolution

     2. Town of Hopkinton - Resolution in support of Safety Barriers on bridges over Narragansett Bay

     3. Town of Charlestown - Resolution in support of Amendments relating to Waters and Navigation
         Harbors and Harborlines

 

E. Approval of Tax Assessor Abatements – $22.35

 

F. Approval of the Joint Resolution of the towns of Burrillville, Portsmouth and Tiverton in support of

   Education Equity and Property Tax Relief

 

Councilor Burk removed item A-3

Councilor Burk motioned to approve the Consent Agenda except for item A-3. Seconded by Councilor Edwards V, the motion passed unanimously.

Re: A-3, Councilor Burk requested a minor edit to the Special Meeting minutes from May 13, 2024.

Councilor Burk motioned to approve Consent Agenda item A-3 as amended. Seconded by Councilor Edwards, the motion passed unanimously.

 

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

No one presented to speak.

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Open Space and Land Preservation Commission - (9) Member Board (3) Year Terms (2) Vacancies,
                   Terms ending 4/15/2027

                      1. Cory Alexandre, 299 Nanaquaket Road - Requests re-appointment
                      2. Susan Rodriguez, 80 Leonard Drive – Requests re-appointment

 

Cory Alexandre was interviewed by the Council. Susan Rodriguez was not available for interview.   

 

Councilor Burk motioned to re-appoint Cory Alexandre to the Open Space and Land Preservation Commission for a term ending 4/15/2027. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Burk motioned to re-appoint Susan Rodriguez to the Open Space and Land Preservation Commission for a term ending 4/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

 

7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes

A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 54 PARKS AND
     RECREATION, ARTICLE II – RECREATION AND OPEN SPACE AREAS. This proposed ordinance will amend
     Section 54-32 Additional rules for recreational areas. The amendments would prohibit fishing at
     Fogland and Grinnell’s Beach except in designated areas and prohibit any fishing on the Stone Bridge
     walkway and abutment at all times. The ordinance also establishes fines for violations for fishing in
     non-designated areas (cont. from 4/24/24) – TO BE CONTINUED TO JUNE 10, 2024

 

Councilor Edwards motioned to continue item 7-A, to June 10, 2024. Seconded by Councilor Edwards V, the motion passed unanimously.

                B. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 78 TRAFFIC AND
                   VEHICLES, ARTICLE III – Stopping, Standing and Parking. The proposed new ordinance would establish
                   the regulation of vehicle beach parking at Grinnell’s and Fogland Beaches and require parking fees or
                   passes from May 1 to October 1, and provides for the enforcement of parking restrictions, including
                   recreational vehicles at Fogland Beach. The ordinance also prohibits parking at any town beach from
                   10 pm to 7 am and sets fines for the violation of the parking restrictions (cont. from 4/24/24) –
                   TO BE CONTINUED TO JUNE 10, 2024

 

Councilor Edwards motioned to continue item 7-B, to June 10, 2024. Seconded by Councilor Edwards V, the motion passed unanimously.

 

8. GENERAL BUSINESS

A. Council President deMedeiros – Council workshop discussion to review following proposed zoning

     Amendments:

 

1.       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.

 

2.       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.

 

Council President deMedeiros explained the presentation was intended to ensure understanding of the complex proposed amendments, slated for public hearing on June 24, 2024. 

 

The Planning Board members presenting included Stu Hardy (Planning Board Chair), Ashley Sweet (interim Town Planner), and Trish Hilton (Planning Board Vice Chair). Also contributing was Todd Romano (Planning Board legal counsel) and special guest Dr. Lorraine Joubert, NEMO program director at University of Rhode Island.

 

PB Chair Hardy explained the committee was proposing two zoning initiatives based on recommendations in the comprehensive community plan also supported by the State Guide Plan/Element Land Use 2025. The first initiative is the conversion of all existing R-80 and parts of the existing R-40 and R-60 districts into a new R-120 residential zoning district of approximately 2 ¾ acres in size. The second initiative builds upon the existing rural residential zoning program by adding conservation development best management practices to protect soil and water quality and natural features with high ecological and scenic value. He reminded that at the beginning of the year, the Town Council enacted a 6 month moratorium on subdivisions larger than four lots in an effort to allow time for the Planning Board and Zoning Revision Committee to look into better management of residential growth as related to town infrastructure.

 

He stated the town now has approximately 7,600 current housing units and the planning board has approved or is in the process of approving another 826 housing units. This represents an 11% expansion of the current housing stock which will result in increased pressure on town infrastructure. He explained that better management would prevent unacceptable levels of pollution, diminishing our small town character and will help to protect drinking water.

 

PB Vice Chair Hilton addressed council, noting the most pressing problem was water quality as well as capacity of the two water districts, which was uncertain. She noted limitations on the USDA grant money that is limited by population. She explained that local water quality is questionable due to poor hydric soil quality. She noted that all but one of the towns’ freshwater water bodies had been assessed by DEM, and each was placed on the impaired water body list. She stated that a potential solution in managing new development would be to move to a larger lot size, noting the recommendation to create the new R120 district with 120,000 sq. ft. acres that would replace all of R80 and a portion of R60. It would also establishes a new density requirement for multi-family housing that would require more land per unit than the current standard.

 

Dr. Lorraine Joubert explained why she believed large lot zoning and RIDEM standards were not enough, why RIDEM relies on municipalities to address cumulative impacts and why conservation development is so important. Using West Greenwich and Coventry as examples, she explained how large lot zoning has

not prevented impaired water quality nor prevented inadequate supply in new private wells. She stated that although DEM sets minimum storm water standards, it focuses on controlling pollution sources and wetland activities. It relies on towns to address site design and does not have the authority to override local zoning or land use decisions.

 

Interim Planner Ashley Sweet explained how the current Watershed Protection Overlay District (Stafford and Nonquit Ponds) and the Rural Residential Developments needed to be replaced with current and updated practices. She described Conservation Development as a flexible design process to accommodate growth to minimize impacts to the natural environment and community character. She furthered it was a 10-step design site design process that focuses on resource protection. She stated the concept has been tried and tested throughout the country for over 30 years. She explained the better site designs would be valued higher while costing less to develop and maintain. 

 

Councilor Paull motioned to move item 8-C forward. Seconded by Councilor Edwards V, the motion passed unanimously.

 

C. Town Administrator – Discussion and possible vote to approve Weston & Sampson Proposal for the

     North Tiverton Revitalization and Design and request for an additional $60,000 to the Committee to

     support the North Tiverton work

Interim Planner Ashley Sweet gave an overview of the proposal detailed in the Weston & Sampson Proposal for the North Tiverton Revitalization and Design. The scope of work consisted of five tasks that included Project Initiation and management, Existing Conditions Analysis, Redevelopment Opportunities, Economic Development Analysis and Community Engagement. An initial $100,000.00 had been initially set aside. The proposal exceeded the initial projection by $60,000.00.

 

Councilor Burk motioned to accept the Weston & Sampson Proposal for the North Tiverton Revitalization and Design project and approve an additional $60,000 for the Committee to use for the project to come from either Casino and/or APRA funds. Seconded by Councilor Milbourne, the motion passed unanimously.

 

B. Town Administrator – Update on Town’s application to USDA Landfill grant to be used for landfill

     closure as a result of declared natural disaster.

 

Administrator Cotta noted that he, Chief Jones and Director Rogers had met with the regional staff for the USDA regarding the landfill grant. Of the $2.1 million requested, only $465,000 was being offered with an additional request for the town to contribute another $419,000 on in-house work. The Administrator explained the town was not in a position to take on the extra cost and that the storm took place when the landfill project was underway. He has pressed the regional office to provide a national technical assistance contractor to put the grant project back together. The national office is in agreement and he expected to meet with them in the next week.

                D. Discussion and possible vote to refer to the Planning Board the proposed amendments to Appendix A

     – Zoning, Article IV District Use Regulations, Section 15 Prohibited Uses regarding Open Lot Storage

     Storage to allow temporary open lot storage for approved public utility projects

 

Councilor Edwards V motioned to refer the proposed amendments to the Planning Board. Seconded by Councilor Paull, the motion passed unanimously.

 

E.  Authorization for the Town Clerk/Planning Department to advertise proposed amendments to the

     town’s comprehensive community plan for a public hearing on June 24, 2024, to conform with 

    proposed zoning changes

 

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

 

9. EXECUTIVE SESSION

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

                     publicly held property in the Tiverton Industrial Park

 

B. Town Solicitor - RIGL § 42-46-5(a)(5) – Update on donation of privately owned properties to be

     donated to the town of Tiverton, potential vote to accept deeds

 

C. Town Solicitor - RIGL § 42-46-5(a)(2) Litigation Discussion and possible vote regarding final consent

     judgment on the tax assessment matters (Twin River-Tiverton LLC v. David Robert, Tax Assessor

     (NM2022-0138 & NM 2022-02436)

 

D. Town Administrator – RIGL § 42-46-5(a)(2) Collective Bargaining – Discussion and possible vote on

     IAFF Local 1703 (Tiverton Fire) contract negotiations

 

E. Town Administrator - RIGL § 42-46-5(a)(2) Litigation: Potential and new litigation regarding

     Tiverton Fire Department, David McGovern et. al. v. William S. Bailey III, et. al. (24-cv-0199)

 

F. Town Administrator - RIGL § 42-46-5(4) any investigation proceeding regarding allegations of
                   misconduct, either civil or criminal, Tiverton Fire Department

 

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

 

The council entered into closed executive session at approximately 8:55 p.m.

The council returned to open session at approximately 10:00 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 item 9A, vote was taken and communication will be made to the offeror to purchase the land through the Town Administrator’s Office or Solicitor’s Office. The vote will not be disclosed at this time.

 

For 9B, update and discussion, still waiting on deeds, will disclose donation once deeds are accepted and recorded.

 

For 9C, waiting for final judgement on tax assessment case, and vote taken to authorize the Solicitor to sign judgment if in accordance with prior settlement offer.

 

For 9D, The Town Council in Executive Session voted by unanimous roll call vote to ratify the Administrator’s offer to IAFF Local 1703 amending the existing contract which provides for the following:

• To increase all non-probationary salaries in Article IX, Section 1 of the current CBA by 10% effective July 1, 2024, which increase will be in lieu of, and not in addition to, the 2.75% increase scheduled to take effect July 1, 2024.  In other words, non-probationary salaries would increase by a total of 10% effective July 1, 2024.

• To increase the salaries of probationary firefighters to $52,000 effective immediately.  The probationary salary would not increase again on July 1, 2024, by either the 2.75% contained in the current CBA or by the 10% proposed above and, instead, would remain at $52,000 through at least June 30, 2025.

• No other changes to the current CBA

 

For 9E and 9F, discussion only

 

10. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 10:03 p.m.

 

 

A True Copy.

 

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk