1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council Vice President Burk called the meeting to order with the pledge of allegiance to the flag.

3. ROLL CALL

Present

Absent

Council President deMedeiros  

Solicitor Marcello and Clerk Chabot were also present.

BUSINESS BROUGHT BEFORE THE COUNCIL
Council Vice President Burk read the items on the Consent Agenda.

4. CONSENT AGENDA

5. BOARD OF LICENSING (subject to meeting all legal requirements)

                NON-ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2021 to Nov. 30, 2022)
               

6. GENERAL BUSINESS

A. Councilor deMedeiros - public comment and discussion on the proposed Tiverton Code of Ordinance

      Zoning Ordinance Article XXIV Solar Energy Systems

Council Vice President Burk opened the meeting to public comment and discussion on the proposed solar ordinance, reviewing the comment process and time limits.

Councilor Edwards commented on the purpose of the meeting and made a motion to commit to establishing a committee with one Council member, the Planner, two Planning Board members, the Solicitor and 3 public members. Solicitor Marcello stated motion not allowed as not on the agenda and could add to a future council agenda.

Ms. Carol Herrmann, Main Road, commented that all solar arrays be barred from all residential zones; setbacks set at 300-400 feet; encourage solar energy facilities on the closed landfill, brownfields, commercial/industrial buildings, industrial zone and already developed/disturbed locations; prohibit on farmland and forested land as is counterproductive to Rhode Island’s climate change goals.

Mr. Charles Lawrence, Long Pasture Way, commented that climate change and sea level rise has an impact on Tiverton; seeking clarification on Section 6 item F of the proposed ordinance on how far buried underground and to what location; need balance, plenty of open land that does not require cutting trees.

Mr. David Carden, Main Road, commented that was puzzled discussing an ordinance that Planning Board said does not comply with the Comprehensive Plan; encouraged by Councilor Burk’s comments concerning the process, council should pause to review this comprehensive issue; stress that solar ordinance deals with energy, agriculture/food production, water quality, aesthetics (vistas/landscapes), life quality, forest, species protection; special use zoning would not have necessary guidance to balance various considerations; agree with getting the right people in a room to review/deal with the issues and accomplish the objectives of the town plan. Good job on Town plan as is a very comprehensive document and now need a good job on the ordinance.

Ms. Louise Durfee, Highland Road, commented that Councilor Edwards’ proposal is the right thing for the council to undertake; committee should have more public members and not include administration representatives with vested interest in seeing this draft proposal pass and not include town solicitor as a voting member as he is an advisor; invite experts who have been dealing with these issues; many flaws in draft ordinance, need to start anew and look at issues before us; State is focused on off-shore development for our energy needs, towns should focus on solar development in already disturbed areas (quarries, brownfields, appropriate commercial areas/industrial park; and amending a zoning ordinance requires a specific process to be followed; need to start afresh.

Mr. Stuart Hardy, Summerfield Lane, commented that he supports solar energy; draft ordinance needs improvement; four suggestions – first update comprehensive plan referencing Statewide Planning publication on Solar Energy Systems and RI Office of Energy Resources publication on Solar Siting Information, bring draft ordinance into conformity with Land Use 2025, build upon recommendations in the Solar Siting Opportunities for Rhode Island Report from the RI Office of Energy Resources and lastly not over burden the Zoning Board with Special Use Permit applications. Let’s take full advantage of information from state, municipalities and other sources that is available today.

Mr. Jim Spears, W. DeMello Drive, suggested people writing the ordinance visit the only large-scale ground mounted solar array system currently placed at the old Wingover Farm to see it for themselves, the buffers and utility lines, destruction of existing historic structure and access to the historic cemetery.

Ms. Gayle Lawrence, Long Pasture Way, commented that she agrees with fellow residents and urged consideration of Councilor Edwards committee proposal; believes in renewable energy and finding ways to conserve energy through audits and grants; and questioned at what point is there interaction with the decision makers at National Grid and their capacity to take on additional generation of energy at their substations.

Ms. Kate Nota, Ecogy Energy, related that they have two projects on hold for two years, Life Raft project and Church Community Housing project; in September submitted comments with our concerns regarding medium scaled projects – 1. recommend inner row spacing not be included in the solar land coverage definition, 2.  Section 6 (f) regarding lines buried underground, National Grid does not allow developers to bury everything underground, and 3. surety bond for decommissioning is difficult to obtain and recommend cash deposit be allowed. Councilor Burk comment on the importance of finding an effective mechanism to cover the full decommissioning costs.

Ms. Patricia Hilton, Peaceful Way, commented that agrees with Councilor Edwards recommendation; the proposed ordinance is out of date; as example other communities are using different model of Primary solar (large solar selling significant energy to National Grid) versus Accessory solar (residential/business 125% of last three years electric costs) and there are other examples; significant work has been done by various state agencies and URI on appropriate siting of solar installations and communities are ahead of us with good ordinances; supports a working group that can take advantage of expertise and resources available and provide something consistent with the Community Comprehensive Plan and the community will support. Questioned by Councilor Burk, she responded both Comprehensive Plan and ordinance can be worked on in parallel.

Ms. Susan Anderson, Main Rd, commented that she agrees with most of what has been talked about previously, agrees with Mr. Hardy regarding Comprehensive Plan and Councilor Edwards on a committee; suggested looking at all renewable energy (solar, wind turbines, river turbines, methane, etc) and addressing in both the Comprehensive Plan and ordinance; for historic structures solar panels NOT visible to the public right of way per federal guidelines, Tiverton is a Preserve America Community since 2011; recommend Mr. Cardin and Ms. Hilton for the committee.

Council briefly discussed committee makeup and commented on the good feedback and ideas from public discussion.

B. Administrator Cotta – Request permission to advertise and hire a Land Use Clerk

Councilor Perry motioned to approve the advertising and hiring of a Land Use Clerk. Seconded by Councilor Edwards, the motion passed unanimously.

C. Clerk Chabot – Request permission to advertise and hire a Canvassing Clerk or replacement position.

Councilor Perry motioned to approve the advertising and hiring of a Canvassing Clerk or replacement position. Seconded by Councilor Edwards, the motion passed unanimously.

7. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Vieira seconded the motion. The motion unanimously passed. The meeting adjourned at 7:20 p.m.

A True Copy.

ATTEST________________________________

                      Joan B. Chabot, Town Clerk