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, August 10, 2021 at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.
Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.
Present
| Council President deMedeiros | Council Edwards | Councilor Janick |
| Councilor Vieira | Councilor Cook | Councilor Perry |
Absent
Council Vice President Burk
Town Administrator Cotta, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present.
***CONSIDERATION AND VOTE ON THE FOLLOWING PROCLAMATION***
Eagle Scout Achievements Honoring
Ethan John Meyers
Council President deMedeiros read aloud the Proclamation for Eagle Scout recipient Ethan John Meyers, congratulating him and wishing him continued success in his future endeavors.
Councilor Perry motioned to adopt the aforementioned Proclamation. Seconded by Councilor Edwards, the motion passed unanimously.
BUSINESS BROUGHT BEFORE THE COUNCIL
Council President deMedeiros read the items on the Consent Agenda.
A. Approval of Town Council Minutes
1. July 12, 2021 – Regular Session (Councilors Janick and Vieira abstain, absent)
2. July 12, 2021 – Executive Session (Councilors Janick and Vieira abstain, absent)
3. July 26, 2021 – Regular Session
4. July 26, 2021 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Planning Board (2)
C. Acknowledge Receipt of Correspondence
1. Town Administrator – Departments’ Monthly Reports – July 2021
2. Police and Fire Department Overtime Reports – July 2021
D. Approval of Tax Assessor Abatements - $2,050.53
Councilor Edwards motioned to remove item 4-B-1 from the Consent Agenda as minutes were not ready at time of meeting. Councilor Cook seconded the motion. The motion passed unanimously.
Councilor Edwards motioned to approve the remaining Consent Agenda. Councilor Perry seconded the motion. The motion passed unanimously.
A. Comments received - None
A. Audrey Mancini/Joe’s Kwik Marts, LLC, 1308 Stafford Road
1. Approval of victualling license - subject to meeting all legal requirements
2. Approval of tobacco license – subject to meeting all legal requirements
3. Approval of petroleum storage license - subject to meeting all legal requirements
Councilor Edwards motioned to approve the aforementioned victualling, tobacco and petroleum licenses. Seconded by Councilor Vieira, the motion passed unanimously.
B. Patricia Campion/Amicable Congregational Church, 3736 Main Road – Approval of special event
license for annual Summer Fair on August 21, 2021 from 8:30am to 3:00pm
Councilor Perry motioned to approve the aforementioned special event license. Seconded by Councilor Vieira, the motion passed unanimously.
A. Conservation Committee – (7) Member Board, (3) Year Terms, (1) Vacancy
1. Tom Molinski, 122 Thomas Street - Request re-appointment to expire 7/15/2024
Councilor Edwards motioned to waive policy and appoint at tonight’s meeting. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Janick motioned to re-appoint Tom Molinski to the Conservation Committee for a three year term to expire 7/15/2024. Seconded by Councilor Vieira, the motion passed unanimously.
B. Historical Cemeteries Commission – (5) Member Board, (3) Year Terms, (2) Vacancies
1. Eileen T. Costa, 113 Stone Church Road - Request appointment to expire 4/15/2023
Councilor Perry motioned to waive policy and appoint at tonight’s meeting. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Vieira motioned to appoint Eileen T. Costa to the Historical Cemeteries Commission for a three year term to expire 7/15/2023. Seconded by Councilor Perry, the motion passed unanimously.
C. Harbor Commission - (9) Member Board, (2) Year Terms, (3) Vacancies
(2 expiring 7/15/2021 and 1 unexpired term 7/15/2022)
1. Charles E. Lawrence, 108 Long Pasture Way - Request re-appointment to expire 7/15/2023
2. Andrew Sumberg, 123 Winnisimet Drive - Request re-appointment to expire 7/15/2023
3. Clint Clemens, 451 Seapowet - Request appointment to expire 7/15/2022 (unexpired term)
4. Bill Thompson, 362 Seapowet - Request appointment to expire 7/15/2022 (unexpired term)
Current members Chip Laurence and Andrew Sumberg were not present. New applicants Clint Clemens and Bill Thompson were interviewed by Council. Each had nautical experience and expressed great interest in the preservation and protection of Tiverton waters for the enjoyment of residents as well as future generations. It was noted that appointments would take place at the next meeting on August 23.
D. Newport and Bristol County Convention and Visitors' Bureau per RIGL 42-105-2 (v)
(1) Tiverton representative, (3) Year Terms, (1) Vacancy
1. Christine Klase, 131 Barnswallow Street - Request re-appointment to expire 7/15/2024
2. Christine Francis, 3842 Main Road - Request appointment to expire 7/15/2024
Current member Christine Klase and new applicant Christine Francis were interviewed by Council.
Ms. Klase, had served a previous three year term and was requesting re-appointment. Councilor deMedeiros noted that employment in the hospitality industry was a requirement of the representative position. Ms. Klase explained her temporary unemployment was due to a Covid related business closing, although she was actively interviewing for another hospitality position in Newport. She believed her past experience as a partner and board member made her valuable bridge with Discover Newport and the Town.
Ms. Francis, a retail business owner in Tiverton and member of the Merchant’s Association, expressed her opinion that retail was under represented by Discover Newport and believed that, although not required, the appointee should be a Tiverton resident, as well as a Tiverton business owner.
Councilor deMedeiros stated that whoever was appointed as the representative should work closely with the Chair of the Economic Development Committee. The appointments would take place at the next meeting on August 23.
A. Town Administrator - Request approval for pay increase for Tax Assessor David Robert,
effective December 10, 2020, consistent with approved FY21 and FY22 budgets
Councilor Edwards motioned to approve the pay increase for Tax Assessor David Robert, effective December 10, 2020, consistent with approved FY21 and FY22 budgets. Seconded by Councilor Perry, the motion passed unanimously.
B. Town Administrator – Requests permission to advertise to generate hiring lists for Fire Department,
Police Department and DPW
Administrator Cotta explained that an increase in federal monies have led to vacant positions and police officer and dispatcher lists were exhausted. DPW remained in need of a part time mechanic and the senior center would be losing a part time clerk to retirement.
Councilor Cook motioned to authorize permission to advertise to generate hiring lists for Fire Department,
Police Department and DPW. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Edwards motioned to move agenda Item 8-L ahead of Item 8-C. Seconded by Councilor Janick, the motion passed unanimously.
L. Town Administrator/Fire Chief Reimels – Request permission to advertise for a Fire Truck as approved
in the Fiscal 2022 Budget
Chief Reimels explained the Department had completed a review of apparatus needs and developed specifications to acquire a Quint style pumper/ladder vehicle. The department was requesting the ability to seek bids from vendors.
Councilor Perry motioned to authorize permission to advertise for a Fire Truck as approved in the Fiscal 2022 Budget. Seconded by Councilor Janick, the motion passed unanimously.
C. Town Administrator – Discussion and possible vote on modification to original agreement with
Kearsarge Net Metering
Administrator Cotta explained state law required those receiving net metering credits to have an ownership interest in the actual project. Legal has reviewed and recommended approval of the Amendment to NMCSA and the Sublease Agreement, which satisfies the ownership interest requirement.
Councilor Perry motioned to approve the modification to original agreement with Kearsarge Net Metering. Seconded by Councilor Vieira, the motion passed unanimously.
D. Town Administrator - Requests permission to advertise for bids regarding the Landfill Closure Project
and the Recycling Center Project per Pare Corporation Update on July 26, 2021
Councilor Perry motioned to grant permission to advertise for bids regarding the Landfill Closure Project and the Recycling Center Project per Pare Corporation Update on July 26, 2021. Seconded by Councilor Cook, the motion passed unanimously.
E. Councilor deMedeiros/Planner Siciliano - Discussion and possible vote on advertising public hearing
for proposed Tiverton Code of Ordinance Zoning Ordinance Article XXIV Solar Energy Systems and
Chapter 74 Taxation - Taxation of Renewable Energy Systems
Councilor President deMedeiros noted the Planning Board had previously submitted a draft ordinance in 2019 that Planner Siciliano and Solicitor Marcello had been tasked to review.
Planner Siciliano noted that including the Chapter 74 Taxation was unnecessary as it reiterates state law.
Solicitor Marcello briefed Council on his and Planner Siciliano’s recommended revisions. He noted the Planning Board had also developed a revision to the 2018 Comp Plan that he believed unnecessary, as the current plan did not limit solar development.
Councilor Perry motioned to authorize permission to advertise public hearing for proposed Tiverton Code of Ordinance Zoning Ordinance Article XXIV Solar Energy Systems. Seconded by Councilor Edwards, the motion passed unanimously.
F. Town Solicitor Marcello - Discussion and possible vote on advertising public hearing for proposed
new Tiverton Code of Ordinance regarding Short Term Rentals.
Solicitor Marcello stated the Planning Board needed to make recommendations before a public hearing was scheduled. After further discussion, it was agreed that a workshop should be scheduled first.
Councilor Vieira motioned to table the item and schedule a workshop for further discussion. Seconded by Councilor Perry, the motion passed unanimously.
G. Councilor Burk - Discussion and possible vote on advertising public hearing for proposed amendment
to Tiverton Code of Ordinance Chapter 78 Traffic and Vehicles, Section 78-31 Trucks exceeding four
tons in overall weight prohibited from using certain streets regarding Hooper Street
Solicitor Marcello noted that due to a small technical change in the amendment, out of an abundance of caution the hearing should be rescheduled.
Councilor Perry motioned to advertise the aforementioned public hearing. Seconded by Councilor Vieira, the motion passed unanimously.
H. Town Clerk - Discussion and possible vote on advertising public hearing for proposed amendment
to Tiverton Code of Ordinance Chapter 7 Tobacco, Section 7-4 License Application; Fee Required
regarding license expiration
Clerk Chabot explained updating the Ordinance was due to a minor clerical error in Section 7-4 License Application. The notation “licenses shall expire in the month of February of each year” should change to “shall expire November 30” to be in line with current practice.
Councilor Perry motioned to advertise the aforementioned public hearing. Seconded by Councilor Vieira, the motion passed unanimously.
I. Town Clerk - Discussion and possible vote on advertising public hearing for proposed amendment
to Tiverton Code of Ordinance Chapter 38 Environment, Section 38-122 Sound Variances regarding
land evidence recording
Clerk Chabot explained that proposed amendment would require land evidence recording of long term/permanent sound variances only, to be consistent with current practice.
Councilor Edwards motioned to advertise the aforementioned public hearing. Seconded by Councilor Perry, the motion passed unanimously.
J. Town Administrator/Police Chief Jones - Discussion and possible vote on advertising public hearing for
proposed amendment to Tiverton Code of Ordinance Chapter 78 Traffic and Vehicles, Section 78-71
Parking Prohibited – At all Times on certain streets regarding parts of Hooper and Canonicus Streets
Councilor Edwards motioned to advertise the aforementioned public hearing. Seconded by Councilor Vieira, the motion passed unanimously.
K. Town Administrator - Requests permission to advertise for Fees and Fines Resolution regarding
Planning Board Fee Schedule and Consultant Engineer Escrow Schedule for FY21-22
Administrator Cotta noted the written policy was not yet complete and recommend the item be tabled.
Councilor Edwards motioned to table this item. Seconded by Councilor Janick, the motion passed unanimously.
Note: Item 8-L was taken previously out of order.
M. Town Clerk – Request permission to advertise Request for Proposals (RFP) for possible subsequent
award regarding a Town Clerk Records Management System
Councilor Perry motioned to authorize permission to advertise for the aforementioned RFP. Seconded by Councilor Edwards, the motion passed unanimously.
N. Town Administrator – Discussion and possible vote on potential plans for September 11, 2021
Remembrance
Administrator Cotta, noting the upcoming 20 year anniversary of 9/11, proposed some sort of memorial as a community. He suggested a bench of remembrance placed on town hall grounds, but was open to other suggestions. He mentioned the anniversary fell on a Saturday and that a moment of silence would be appropriate. After further discussion, it was agreed to authorize the Administrator to move forward with plans, charging expenses to the Council contingency fund.
Councilor Perry motioned to authorize Administrator to proceed with a 20th Anniversary 9/11 Memorial plan, charging expenses to the Council contingency account. Seconded by Councilor Edwards, the motion passed unanimously.
Administrator Cotta noted that an Aquaculture symposium would be held Thursday, 8/12/21, at 6pm at the Library.
Councilor Perry motioned to adjourn the meeting. Seconded by Councilor Vieira, the motion unanimously passed. The meeting adjourned at 9:10 p.m.
A True Copy.
ATTEST_________________________
Joan B. Chabot, Town Clerk