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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, September 9, 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 | Deborah G. Janick |
| Dennis J. Milbourne | Jay P. Edwards | David J. Paull |
| John G. Edwards V | | |
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. Approval of Town Council Minutes
1. July 8, 2024 – Regular Meeting
2. July 8, 2024 – Executive Session
3. July 22, 2024 – Regular Meeting (Councilor Milbourne abstains, absent)
4. July 22, 2024 – Executive Session (Councilor Milbourne abstains, absent)
5. July 31, 2024 – Special Meeting
6. August 13, 2024 – Regular Meeting (Councilors Burk, Edwards, and Paull abstain, absent)
7. August 13, 2024 – Executive Session (Councilors Burk, Edwards, and Paull abstain, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. North End and Industrial/Business Park Advisory Subcommittee – (1)
2. Conservation Commission – (4)
3. Open Space and Land Preservation Commission – (2)
4. Cemetery Commission – (1)
5. Economic Development Commission – (1)
6. Dog Park Committee – (1)
7. Zoning Board of Review – (3)
8. Zoning Board of Appeal – (1)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – July 2024 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Letter from Bonnie Strickman re: excessive construction noise in residential neighborhood
2. Letter from Nancy Cormier re: concerns related to open storage ordinance
3. Town of Charlestown – Resolution in support of Funding for Emergency Temporary Repair of the
Charlestown Breachway West Wall
E. Approval to advertise and hire a Licensing Clerk or replacement position
F. Approval of Tax Assessor Abatements – $5,662.60
Councilor Janick removed items D-1, D-2, E and F
Councilor Edwards V motioned to approve the Consent Agenda except for items D-1, D-2, E and F. Seconded by Councilor Edwards, the motion passed unanimously.
Re: D-1, Councilor Janick, asked if the ordinance should be reviewed related to the excessive construction noise complaint. Ms. Strickland explained her concerns related to what she described as non-stop jackhammering of boulders into smaller rocks almost every day, at times from early morning until late afternoon, that was causing excessive health-related stress. Solicitor Marcello stated the ordinance allowed removal of rock and stone in relation to a development project, but would look further into allowed decibel levels. Ms. Strickland likened the operation to a quarrying operation in addition to the construction project, and if allowed by ordinance, hoped the council would consider an ordinance change. Her neighbor, John Lizeck, concurred and stated that when his house was built 4 to 5 years ago, the rocks were hauled off the property. President deMedeiros said she would speak to the building inspector the next day to see if something could be done. She would follow up with a call to Ms. Strickland.
Re: D-2, Councilor Janick asked the letter be pulled to be included in the discussion during the public hearing item 6-A.
Re: item E, Councilor Janick asked if the position was new or a vacancy. It was confirmed as a vacancy.
Re: item F, Councilor Janick asked for clarification on the abatements related to the same owner. Assessor Robert explained the adjustments were for three unimproved waterfront lots, recently determined to be unbuildable, and a residence, which had limited views in relation to other abutting properties.
Councilor Janick motioned to approve the Consent Agenda items D-1, D-2, E, and F. Seconded by Councilor Paull, the motion passed unanimously.
5. PUBLIC COMMENTS
Al Cormier from 348 Souza Road, expressed concerns over adequate water town supplies. He read from a historical document that referenced the drilling of 30+ wells in the early 1920s on six acres near the Hambley Farm area. He read that the water is pumped underground 2,000 ft in an 8 inch pipe to Pocasset Hill Reservoir which has a capacity of 1,550,000 gallons. He furthered that no filtering or chemical treating has been necessary and water flows via gravity. He stated that Stonebridge District is not sufficient nor is Stafford Pond a reservoir and must be protected by the town.
6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Approval of the proposed amendment to the Tiverton Code of Ordinances Appendix A Zoning, Article
IV, District Use Regulations, Section 15, Prohibited Uses. This proposed ordinance will amend
Appendix A Zoning, Article IV, District Use Regulations, Section 15, Prohibited Uses to amend Section
15 (l) Open lot storage requirements related to public utilities. It would allow for the temporary
storage of non-hazardous materials and equipment for a permitted public utility project in General
Commercial and Industrial Zones for a period not to exceed 18 months with the ability to ask for
another 18 month extension (Continued from 8/26/2024)
President deMedeiros opened the public hearing.
Gail Lawrence of 108 Long Pasture Way expressed concerns over the proposed ordinance that included public safety related to vehicular traffic and the potential to be an unappealing eyesore. She believed a more appropriate location would be in the Industrial Park. She requested the council not include general commercial in the revision of the ordinance.
Susan Anderson from Main Road stated she believed that the Planning Board had recommended to only have in industrial zones. She argued that the description to temporarily store non-hazardous materials and limited construction equipment associated with an active and formally permitted utility project, was not a commercial use, but rather an industrial use, and should not be allowed in the commercial zone.
Jamie French of Craig Avenue questioned the project's extended length of time, how the town itself would benefit, as well as other problems as a result of placing it in a residential area, which showed a disregard for existing neighbors.
Solicitor Marcello read the Planning Board’s recommendations to the council that included limiting to 18 consecutive months with possible extensions approved by the council, changing the zoning area where the temporary use would be permitted to only industrial zones within the PDP, prohibiting the storage of hazardous materials, measures be taken to ensure protection related to noise and dust and more.
Mr. George Watson, council for Narragansett Electric Co. d/b/a Rhode Island Energy, confirmed that part of the work would indeed be done in Tiverton and explained that having a reliable system is a benefit to both Tiverton as well as Aquidneck Island.
Craig Committo of 204 Saxony Avenue asked about the potential for a location adjacent to General Auto. It was confirmed the area was not suitable as it was a residential zone.
Resident Al Cormier expressed concern for the disruption of wildlife, potential issues with protected Native American land or grave sites.
Mr. Watson explained the Souza Road land had the benefit of already being cleared and confirmed they work with archeologists to keep sensitive areas private. He explained the metal replacement structures would be the items stored at the locations and expected the project to be completed within a year. Their goal is to minimize the impact by storing when needed.
Tom Peterson from 1119 Main Road, expressed concern about the project's residential location and its proximity to a nearby intersection without a traffic light.
President deMedeiros closed the public hearing.
Councilor Edwards stated that if council decided to incorporate this into an industrial Zone, he would require that the Planning Board and the Conservation Commission have input and veto authority over a location. Councilor Edwards V commented on the necessity of the project and expressed concern that delaying the upgrading could have a greater negative impact. Council Vice President Burk shared concerns about highway and general commercial locations. He stated it should be limited to the Industrial Park and include a sunset clause.
Councilor Burk motioned to amend the proposed ordinance to include a sunset clause to end on January 1, 2029. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Edwards V opposed.
Councilor Burk motioned to amend the proposed ordinance to limit location to the Planned Development Park, striking all else. Seconded by Councilor Edwards, the motion failed 2-5, with councilors Paull, Edwards V, Janick, Edwards and deMedeiros opposed.
Councilor Edwards V motioned to approve the amendment to the Tiverton Code of Ordinances Appendix A Zoning, Article IV, District Use Regulations, Section 15, Prohibited Uses, as amended with the sunset provision. Seconded by Councilor Paull, the motion passed 6-1, with Councilor Burk opposed.
B. Approval of the proposed amendment to the Tiverton Code of Ordinances Zoning Ordinance, Article
IV, District Use Regulations and Article XXIV – Solar Energy Systems. The amendment to Article IV,
adds “Solar Energy Systems” as a use in the District Use Regulations. The amendments to Article
XXIV, make technical revisions and clarifications to the Solar Energy Systems ordinance, clarify the
roof setback standard, revises the approval process to comport with changes in state law and
removes the special use permit requirement since the required conditions for every project
comprehensively cover the specific and objection criteria that would otherwise be required
President deMedeiros opened the public hearing. As no one presented to speak, the hearing was closed.
Solicitor Marcello clarified that in Section 4, Subsection a- 6, language regarding setbacks were contradictory as the NFPA currently had no minimum setback requirements. It was agreed to edit that section to add language to mean the [more restrictive of the two]. The solicitor would revise with appropriate language.
Councilor Burk motioned to amend the proposed ordinance with the directive to have the solicitor insert language to Section 4, Subsection a- 6, to have it the more restrictive of the 18 inches or the NFPA. Seconded by Councilor Edwards V, the motion passed unanimously.
8. APPOINTMENTS & RESIGNATIONS – Interview, discussion, and possible votes
A. Harbor Commission - (9) Member Board (2) Year Terms (2) Vacancies, Terms ending 7/15/2026
1. Michael David Gates, 83 Leonard Drive - Requests appointment
2. Paul A. Duarte, 17 South Avenue – Requests re-appointment
Michael David Gates was interviewed by Council.
Councilor Edwards V motioned to waive policy and proceed to appointment. Seconded by Councilor Paull, the motion passed unanimously.
Councilor Edwards V motioned to appoint Michael Gates to the Harbor Commission for a term ending 7/15/2026. Seconded by Councilor Milbourne, the motion passed unanimously.
Paul Duarte was not available for interview.
Councilor Edwards V motioned to re-appoint Paul Duarte to the Harbor Commission for a term ending 7/15/2026. Seconded by Councilor Milbourne, the motion passed unanimously.
9. GENERAL BUSINESS
A. Tiverton Dog Park Advisory Committee – Discussion and possible vote regarding the Raymond F.
Jones Memorial Dog Park event LalaPawrooza on October 5, 2024 from 11:00 AM to 2:00 PM
Councilor Edwards V motioned to approve the LalaPawrooza event at the Raymond F. Jones Memorial Dog Park on October 5, 2024 from 11:00 AM to 2:00 PM. Seconded by Councilor Janick, the motion passed unanimously.
B. Senior Center Director Holmes – Discussion and possible vote on adoption of Senior Center Code of
Conduct
Senior Center Director Holmes explained her request to adopt a policy to address several areas of concern that include inappropriate language and behavior or participant required care that exceeds the capability of the Senior Center staff.
Councilor Burk suggested to include a more specific definition of “inappropriate or disruptive behavior” as well as consider the inclusion of an appeals process.
Councilor Burk motioned to approve the Senior Center Code of Conduct. Seconded by Councilor Edwards V, the motion passed unanimously.
C. Councilor Edwards – Discussion on waste oil heating furnaces for DPW garage
Councilor Edwards explained he previously recommended the utilization of waste oil heating furnaces, adding that waste oil could be burned rather than # 2 heating oil. He said the DPW collects a large amount of waste oil that is costly to remove. He estimated the cost of the special furnaces would be $10, 000 - $12, 000 each, but should be offset within three to four years. He speculated that grant monies may be available. Administrator Cotta offered to research the project to discuss further at an upcoming meeting in late September or early October.
D. Council Vice President Burk – Discussion and possible vote to advertise and schedule public hearing
on Planning Board Short Term Rental ordinance recommendations or to forward changes back to
Planning Board
Councilor Burk noted that they had been waiting for the legislature to give cities and towns information on how to address the issue, but nothing appeared to be forthcoming. He alternatively worked with the Planning Board to move forward with recommendations that he said “made the most sense for the town”. He said the Planning Board was concerned about the definition of “owner occupied” therefore the recommendation included limiting short term rentals (STR) to only owner occupied units. Also, there would be a prohibition on hosting events, limits and authorized enforcement on occupancy, and a requirement that each rental structure obtain a certificate of occupancy.
Councilor Edwards V expressed concern about the timing of the matter, noting the upcoming November election that may affect the current council body.
Councilor deMedeiros stated she did not agree with an owner occupancy requirement. Councilor Janick agreed, noting that some have inherited a home, but did not live in the residence.
Solicitor Marcello reminded this was only to vote on advertising a public hearing, rather than address the merits of the proposal. Councilor deMedeiros disagreed, stating she did not want it to go to public hearing if the majority did not agree.
Councilor Burk motioned to schedule the proposed ordinance for public hearing. Seconded by Councilor Edwards, the motion failed 2-5, with councilors Paull, Edwards V, Janick, deMedeiros, and Milbourne opposed.
E. Council President deMedeiros – Discussion and possible vote to increase Town Planner salary
Councilor Edwards V motioned to increase the Town Planner salary range from $90,000 to $120,000. Seconded by Councilor Paull, the motion passed unanimously.
F. Administrator Cotta – Update on School Casino funds, clarification from Town Treasurer
Treasurer Saurette explained there were three separate allocations earmarked for three separate projects, which would generate reimbursement funds that the Council decided, via an ordinance, would be returned to the school department. She remarked that the bulk of the spending occurred in the second year, and that projects had to be completed before submitting for reimbursement. She said of the first $2M, only $788k has been submitted for reimbursement. The second allocation of $1.3M was started for the gym/lockers that was substantially short of the budget amount. She explained that although the premise was to use reimbursement funds for subsequent projects, project completion timing and delay of submittals complicated the flow of funds needed to support subsequent allocations. It appeared that $182k was overspent.
Council discussion continued on how and where the money was overspent along with the unanticipated completions and reimbursements overlap.
Councilor Edwards said the school is like any other department and expected to remain within a budget and if they need more money they're expected to ask for it.
Council President deMedeiros noted that a casino meeting would be held around the last week in September where this would need to be discussed. Her opinion was that the $182k should come from the reimbursement money.
Councilor Edwards V suggested consideration of an ordinance change to address the cost overrun scenarios.
G. Discussion and possible vote to approve Resolution 2024-0013 - Appropriating Funds from the Casino
Special Revenue Fund
Councilor Edwards V motioned to approve Resolution 2024-0013 - Appropriating Funds from the Casino
Special Revenue Fund. Seconded by Councilor Paull, the motion passed unanimously.
H. Town Administrator/Police Chief - Discussion and possible vote to approve budget transfers:
Councilor Edwards V motioned to approve the transfers as requested by the Administrator. Seconded by Councilor Melbourne, the motion passed unanimously.
I. Schedule public hearing for amendments to the Comprehensive Plan’s Future Land Use Map,
specifically designation of lots in the Waterfront-Related Uses areas, and to authorize advertising for the same.
J. Schedule a public hearing on amendments to the Zoning Map related to the Waterfront Zone and to authorize advertising for the same.
K. Schedule a public hearing on amendments to the Zoning Ordinance related to the Waterfront Zone, to the Zoning District Use Table in Article IV, to add performance standards and/or specific and objective special use criteria for uses in the Waterfront Zones, and related definitions in Article II, and to authorize advertising for the same.
Councilor Edwards V motioned to approve the funding to advertise public hearings for items I, J, and K, as requested once the Clerk gets the final documents. Seconded by Councilor Burk, the motion passed unanimously.
10. EXECUTIVE SESSION - The Town Council may vote to go into executive session in accordance with
the RI Open Meetings Act to discuss and or act upon the following items:
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 Administrator - RIGL § 42-46-5(a)(5) – Discussion and possible vote on sale/disposition of
publicly held property in the Tiverton Industrial Park
C. Town Administrator – RIGL § 42-46-5(a)(2) Collective Bargaining – Update on IAFF Local 1703
negotiations (Tiverton Fire)
D. Town Solicitor – RIGL § 42-46-5(a)(2) Litigation: Eagleville Road Realty, LLC v. Collins, NC-2014-218,
settlement negotiations
Councilor Burk motioned to enter into Executive Session for agenda items 10A, 10B, 10C, and 10D. Councilor Edwards V seconded the motion, the motion passed unanimously.
The council entered a closed executive session at approximately 9:40 p.m.
11. RECONVENE in OPEN SESSION and Sealing of Executive Session Minutes
The Council returned to open session at approximately 11:50 p.m.
Councilor Burk motioned to seal the minutes of the Executive Session. Councilor Edwards seconded the motion. The motion passed unanimously.
Solicitor Marcello reported that agenda items 10A, 10B, 10C, and 10 D were discussion only, and no votes were taken.
12. ADJOURNMENT
Councilor Burk motioned to adjourn the meeting. Councilor Paull seconded the motion. The motion unanimously passed. The meeting adjourned at 11:52 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, CMC Town Clerk