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, April 12, 2021 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.

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
    Members present

Council President deMedeiros	Councilor Perry	Council Edwards
Council Vice-President Burk	Councilor Janick	Councilor Cook
Councilor Vieira

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

BUSINESS BROUGHT BEFORE THE COUNCIL
President deMedeiros read the items on the Consent Agenda.

4. CONSENT AGENDA

Note 3:  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 22, 2021 – Regular Session

     2. March 29, 2021 – Regular Session

     3. March 29, 2021 – Executive Session                

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees

     1. Open Space and Preservation (1)

     2. Cemetery Commission (1)

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – March 2021

     2. Police and Fire Department Overtime Reports – March 2021    

D. Acknowledge Receipt of Correspondence

     1. Town of Barrington – Resolution in support of H5445 and S0089 to Pass the Act on Climate Bills in
          the RI General Assembly

     2. Town of Barrington – Resolution in support of H5257 and S0121 to Prevent Discrimination Against
          Lawful Sources of Income

 

Councilor Cook removed item 4-A-2.

Councilor Burk motioned to approve Consent Agenda items with the exception of 4-A-2. Councilor Perry seconded the motion. The motion passed unanimously.

Councilor Cook noted disagreement with the comment “no votes were taken as the matter was added for discussion purposes only.”

Councilor Burk motioned to approve Consent Agenda item 4-A-1 as amended. Councilor Edwards seconded the motion. The motion passed 6-1, with Councilor Cook opposed.

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

A. Comments received

Councilor deMedeiros read a comment received from Edward and Gail Silva the stated they had no issue with Tine Toste’ request for a sound variance.  

6. BOARD OF LICENSING

                A. Colleen Hoey/Atlantic Farms Market and Eatery, LLC, 2B Crandall Road - Request Approval of
                  Victualling License

Councilor Edwards motioned to approve the aforementioned victualling license. Councilor Vieira seconded the motion. The motion passed unanimously.

7. PUBLIC HEARINGS (ADVERTISED)

                A. Leigh McLaren, 30 Lake Road – Request approval of sound variance for wedding on September 4,
                     2021 from 4 pm to 11 pm – Subject to meeting all legal requirements

It was noted the time listed on the agenda should have read 3pm to 7pm.

President deMedeiros opened the Public Hearing. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none and the hearing was closed.

Councilor Edwards motioned to approve sound variance for wedding on September 4, 2021 from 3 pm to 7 pm. Councilor Vieira seconded the motion. The motion passed unanimously.

                B. Tina Toste, 253 Holly Circle – Request approval of sound variance for wedding on September 25,
                     2021 from 5 pm to 10 pm – Subject to meeting all legal requirements

It was noted the time listed on the agenda should have read 4pm to 10pm.

President deMedeiros opened the Public Hearing. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none and the hearing was closed.

Councilor Edwards motioned to approve sound variance for wedding on September 25, 2021 from 4 pm to 10 pm. Councilor Vieira seconded the motion. The motion passed unanimously.

8. APPOINTMENTS AND RESIGNATIONS

                A. Arts Committee – (5) Member Board - (three 2 yr. and two 1 yr. terms) - (1) Vacancy
                     1. Barbara Pelletier, 104 Bonniefield Drive - Request re-appointment to expire 4/15/2023

Councilor Perry motioned to waive policy and proceed to the aforementioned re-appointment. Seconded by Councilor Janick, the motion passed unanimously.

Councilor Perry motioned to approve the re-appointment of Barbara Pelletier to the Tiverton Arts Committee to expire 4/15/2023. Seconded by Councilor Janick, the motion passed unanimously.

Council President deMedeiros asked for unanimous consent to waive policy and proceed to re-appointment. Hearing no objections, the motion passed.

                B. Cemetery Commission – (5) Member Board - (3) Year Terms - (2) Vacancies
                     1. Alfred F. Almeida, Jr., 434 Bulgarmarsh Road - Request re-appointment to expire 4/15/2024

Councilor Perry motioned to approve the re-appointment of Alfred F. Almeida, Jr. to the Tiverton Cemetery Commission to expire 4/15/2024. Seconded by Councilor Janick, the motion passed unanimously.

C. Open Space – (9) Member Board - (3) Year Terms - (3) Vacancies
                     1. Martin Van Hof, 170 Bulgarmarsh – Requests re-appointment to expire 4/15/2024
                     2. Susan Rodriguez, 80 Leonard Drive – Requests appointment to expire 4/15/2024

Council President deMedeiros asked for unanimous consent to waive policy and proceed to re-appointment. Hearing no objections, the motion passed.

Councilor Burk motioned to approve the re-appointment of Martin Van Hof to the Tiverton Open Space Commission to expire 4/15/2024 and to appoint Susan Rodriguez to the Tiverton Open Space Commission to expire 4/15/2024. Seconded by Councilor Janick, the motion passed unanimously.

D. Litter Committee – (5) Member Board - (5) Year Terms - (1) Vacancy
                     1. Joyce M. Andrews – Requests appointment to expire 10/15/2025

Council President deMedeiros asked for unanimous consent to waive policy and proceed to re-appointment. Hearing no objections, the motion passed.

Councilor Edwards motioned to approve the appointment of Joyce M. Andrews to the Tiverton Litter Committee to expire 10/15/2025. Seconded by Councilor Vieira, the motion passed unanimously.

E. Historical Cemeteries Commission - (5) Member Board - (3) Year Terms - (4) Vacancies
                     1. James Spears, 494 West Demello Drive - Requests re-appointment to expire 4/15/2024
                     2. Susan Anderson, 1137 Main Road - Requests re-appointment to expire 4/15/2024

Councilor Edwards motioned to approve the re-appointment of James Spears to the Historical Cemeteries Commission to expire 4/15/2024 and the re-appointment of Susan Anderson to the Historical Cemeteries Commission to expire 4/15/2024. Seconded by Councilor Perry, the motion passed unanimously.

                F. Dog Park Advisory Committee – (17) Member Board – (1) Year terms – (17) Vacancies

David Paull	Joanna Krystman	Elizabeth Rose
Kim Sutherland	Bob Sutherland	Richard Segel
Barbara Pelletier	Bob Sedoma	Gary Faria
Shawn Cournoyer	Paul Anderson	Erica Pena-Vest
Melissa Quinlan	Liz Cottrell	Ana Jones
Tracy Bishop	Sara Prescott

 

Councilor Perry motioned to approve the 17 appointments to the Dog Park Advisory Committee for a 1 year term to expire 4/12/2022. Seconded by Councilor Burk, the motion passed unanimously.
                G. Acknowledgement of resignation:
                     1. Laurie Robertson from the Personnel Board effective March 18, 2021

 

Councilor Perry motioned to accept the resignation of Laurie Robertson from the Personnel Board with regret and thankfulness for her service. Seconded by Councilor Edwards, the motion passed unanimously.

 

H. Acknowledgement of correction:
                     1. Historic Preservation Advisory Board - 10/26/20 re-appointment of Stuart Hardy - correct exp.
                      date from 4/15/23 to 10/15/2023   

Councilor Perry motioned to accept the aforementioned term ending date correction. Seconded by Councilor Vieira, the motion passed unanimously.

 

9. GENERAL BUSINESS

A. DPW Director Rogers – Approval of Budget Transfers

     1. $280.00 from Acct# 5540-6451 Snow Removal to Acct# 5540-6935 Telephone and TV

     2. $38,000.00 from Acct# 5540-6451 Snow Removal to Acct# 5530-7645 Dozer Repairs

     3. $300.00 from Acct# 5540-5104 Overtime to Acct# 5530-5104 Landfill Overtime

     4. $9,000.00 from Acct# 5530-7198 Transfer Station/Recycling Plan Study to Acct# 5530-7139

          Engineering Testing Permits

Councilor Perry motioned to accept the aforementioned budget transfers. Seconded by Councilor Edwards, the motion passed unanimously.

 

B. Fire Chief Reimels - Approval of Budget Transfers

     1. $1,500.00 from Acct#3310-6443 Equipment Service Contracts to Acct# 3310-6935 Telephones

     2. $3,000.00 from Acct#3310-6648 Minor Equip. Replacements to Acct# 3310-6935 Telephones

     3. $1,000.00 from Acct#3310-6968 Medical Physicals to Acct# 3310-6935 Telephones

     4. $3,000.00 from Acct#3310-7840 Station/Building Maintenance to Acct# 3310-6935 Telephones

     5. $2,000.00 from Acct#3310-6969 Medical Supplies to Acct# 3310-7530 Software Maintenance

     6. $1,200.00 from Acct#3310-7423 Office Supplies to Acct# 3310-7530 Software Maintenance

     7. $10,000.00 from Acct# 3310-7611 Fuel, Oil, Tires to Acct# 3310-7640 Apparatus Maintenance

     8. $5,000.00 from Acct# 3310-6968 Medical Physicals to Acct# 3310-7640 Apparatus Maintenance

 

Councilor Perry motioned to accept the aforementioned budget transfers. Seconded by Councilor Cook, the motion passed unanimously.

 

C. Planner Siciliano – Request to advertise for Zoning map updates

 

Ms. Siciliano explained the necessity of the amendment is to create consistency between the most current Comp Plan adopted in 2018 and the current Zoning ordinance. She referenced two maps of importance in the Comp Plan: Future Land Use and Zoning Inconsistencies that show 15 parcels currently zoned residential needing to be rezoned to open space. She added that state law requires towns adopt new zoning in conformance with comp plan within 2 years.

 

Councilor Edwards motioned to approve request to advertise for Zoning map updates. Seconded by Councilor Perry, the motion passed unanimously.

 

D. Councilor Cook – Discussion and request for Solicitor to research and draft proposed necessary
                    amendment to ordinance or zoning code to address short term rentals or licensing requirements

 

Councilor Cook opened discussion noting concerns about the recently renovated former Essex Library becoming a short-term vacation rental property in a residential zone.  She thought it shortsighted not to have some control over currently unregulated short term rentals.

 

Council President deMedeiros said she was under the impression the building, when sold by the Town, was to become a single-family home. She gave an example of another Seapowet area home being rented out for events and short-term stays.

 

Councilor Edwards, noting the prevalence of short-term rentals through websites like Airbnb and VRBO, believed Council should come up with regulations and an ordinance.

 

Solicitor Marcello noted that renting out entire houses like a hotel, is not permitted in a residential zone.

 

Councilor Burk suggested proceeding with caution as a short-term rental ordinance would require significant administrative oversight. He expressed concern over the potential effect on residents who operate short-term rentals in order to afford their home. He suggested an informal public hearing be held.

 

Councilor Perry motioned to authorize Solicitor Marcello and Town Planner Jennifer Siciliano research how other towns handle short-term rentals and Town Administrator Christopher Cotta to contact the League of Cities and Towns for further information. Seconded by Councilor Edwards, the motion passed unanimously.

 

                E. Councilor Edwards – Town Administrator annual evaluation

 

Councilor Edwards questioned when the Administrator was to be evaluated and if standard forms and/or parameters used. Although the Administrator’s one year anniversary wasn’t until September, Councilor deMedeiros explained each councilor uses a standard form individually. They are given to the Town Clerk who averages performance scores in each category. The averages and written comments are shared with the Administrator, who then develops a self-evaluation for discussion in an upcoming executive session.    

 

                F. Administrator Cotta – Request permission to advertise and hire a Building Clerk

 

Councilor Edwards motioned to approve the request to advertise and hire a Building Clerk. Seconded by Councilor Perry, the motion passed unanimously.

 

                G. Administrator Cotta – Update on Building Official and request approval of per diem contract

 

Administrator Cotta updated that John Hoyle has been recently recruited to serve as interim Building Official until the permanent position is filled. He noted Mr. Houle previously worked in the state Building Code Commissions’ office as well as had been Building Official for other towns. He was also interested in applying for the permanent position.  

 

Councilor Perry motioned to approve the per diem contract. Seconded by Councilor Janick, the motion passed unanimously.

 

                H. Councilor Burk – Discussion and possible vote on House Bill Resolutions in support of:

                     1. H5258 – This act would authorize the Stone Bridge fire district to borrow up to $100,000 in funds

                          to meet specific short-term financial obligations

                     2. H5259 – This act would create a voluntary mechanism for municipalities to use to dedicate a
                        park, conservation or other land they own as public trust land in perpetuity to protect and preserve
                        its future use

                     3. H5485 – This act would allow school committees to add item(s) to their agendas for the purposes

                        of discussion only without having to publish notice of the additional item(s)

 

Councilor Burk noted that each had been previously approved but without resolutions to memorialize the details. He requested H5485 be held until next meeting as the template provided was incorrect.

 

Councilor Burk motioned to approve resolution H5258, an act that would authorize the Stone Bridge fire district to borrow up to $100,000 in funds to meet specific short-term financial obligations. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Burk motioned to approve resolution H5259, the act that would create a voluntary mechanism for municipalities to use to dedicate a park, conservation or other land they own as public trust land in perpetuity to protect and preserve its future use, provided that the legislation is amended to permit any municipality to revoke perpetuity status in the future. Seconded by Councilor Vieira, the motion passed unanimously.

                                                               

                I. Solicitor Marcello - Confirmation of Town Administrator’s decision to waive Development Plan Review
                     Commercial fee for project on 18 East Road

 

Referencing the permit mistakenly issued on 18 East Road project prior to plan review, Solicitor Marcello explained that despite construction underway, the owner had agreed to voluntarily submit to a design review, therefore, due to the circumstances, he requested approval to waive the standard $2000 fee.      

 

Councilor Edwards motioned to waive Development Plan Review Commercial fee for project on 18 East Road. Seconded by Councilor Perry, the motion passed unanimously.

 

J. Solicitor Marcello - Discussion on need for an Ordinance allowing the planning board to adopt,
     modify, and amend local land development regulations pursuant to RIGL 45-23-51

 

In review of Planning Board use regulations, Solicitor Marcello discovered a statute stating the city or town council shall empower by ordinance the Planning Board to adopt, modify and amend regulations and rules governing land development and subdivision projects within the community. He didn’t believe an official ordinance existed, and as such recommended an ordinance to officially delegate this power. It was agreed that Solicitor Marcello draft an ordinance for review at the next meeting. 

 

10. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

                A. Clerk Chabot – Ethics Training for appointed/elected officials and town employees is scheduled for

                     Tuesday, April 27, 2021 at 7:00 PM

 

Clerk Chabot advised the ethics training for appointed/elected officials and town employees is scheduled for Tuesday, April 27, 2021 at a 7:00 PM zoom meeting with Lynne Radiches from Rhode Island Ethics Commission. She will notify Boards and Commissions members and appointed officials of the meeting.

 

Council President deMedeiros wished to thank all the volunteers that helped refurbish picnic tables at Fogland Beach this past weekend. 

 

11. ADJOURNMENT

Councilor Vieira made a motion to adjourn the meeting. Councilor Edwards seconded the motion. The motion passed unanimously. The meeting adjourned at 9:25 p.m.

 

A True Copy.

 

ATTEST_________________________

                 Joan B. Chabot, Town Clerk