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 13, 2021 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

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

Town 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

A. Approval of Town Council Minutes
     1. August 23, 2021 – Regular Session (Councilor Perry abstains, absent)
     2. August 23, 2021 – Executive Session (Councilor Perry abstains, absent)
     3. August 30, 2021 – Special Workshop (Councilor’s deMedeiros and Perry abstain, absent)

 

B.  Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Conservation Commission (2)

     2. Economic Development Commission (7)     

 

C. Acknowledge Receipt of Reports

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

     2. Police and Fire Department Overtime Reports – August 2021

     3. Jennifer Siciliano, Town Planner and Administrative Officer – Report of Activities of Planning
         Department and Planning Board for June, July and August, 2021

 

D. Acknowledge Receipt of Correspondence

     1. Nelson Reis – Tiverton facility request denial - referred to Town Administrator

 

E. Approval of Tax Assessor Abatements - $3,957.05

 

Councilor Burk removed item 4-B-1

Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-B-1. Seconded by Councilor Burk, the motion passed unanimously.

Re: 4-B-1, Councilor Burk, referencing a mention in the Conservation Commission June 15, 2021 minutes about state sidewalk care, questioned the Committee’s scope and who had actual jurisdiction over state road sidewalk maintenance. Councilor deMedeiros affirmed the state should be caring for sidewalks. Administrator Cotta offered to look into the jurisdictional issues as well as contact DOT to verify maintenance reporting procedures.

Councilor Burk motioned to approve 4-B-1. Seconded by Councilor Janick, the motion passed unanimously.

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

A. Comments received – none

 

6. BOARD OF LICENSING (ADVERTISED)

A. Jim Long/Sports Kitchen, LLC, 300 Industrial Way

     1. Approval of Liquor license expansion - subject to meeting all legal requirements

     2. Approval of Entertainment license expansion – subject to meeting all legal requirements

 

Mr. Long explained his request to expand current license in order to serve food and alcohol on the first floor for parents watching games as well as patrons participating in upcoming tournaments. Councilor Janick recently visited Longplex for a tour by Mr. Long, and commented he was aware he would need to maintain the same legal serving requirements as required now on the second floor. Mr. Long added that he was working closely with Chief Jones to ensure all requirements are met. Councilor deMedeiros expressed reservation over parents consuming alcohol while watching their children play sports. Concerns were raised about the entertainment license expansion relative to event types, crowd sizes, parking. Also discussed was whether entertainment licenses would need permission with each event per ordinance.    

Councilor deMedeiros opened the hearing for public comment. There were no comments.  

Councilor Perry motioned to approve the liquor license expansion request limited to inside service; beer and wine only. Seconded by Councilor Burk, the motion passed 6-1, with Councilor deMedeiros opposed.

Councilor Edwards motioned to table the entertainment license expansion request. Seconded by Councilor Perry, the motion passed unanimously.

B. Meredith Almy Brower/Tiverton Farmers Market - Harvest Market on Sunday, October 17 from 12:00

     p.m. to 4:00 p.m. at Pardon Gray Preserve, 3460 Main Road

     1. Approval of Sound Variance – Subject to meeting all legal requirements

     2. Approval of Special Event License – Subject to Meeting All Legal Requirements

 

It was noted that a sound variance was not necessary for the event, therefore only the special event license was discussed. Ms. Brower explained the Tiverton Farmers Market was partnering with Tiverton Land Trust to hold the Harvest Market event at the Pardon Gray Preserve location.

Councilor Perry motioned to approve the aforementioned special event license. Seconded by Councilor Burk, the motion passed unanimously.

7. PUBLIC HEARINGS (ADVERTISED)

                A. Approval of proposed amendment to Tiverton Code of Ordinances - Chapter 7 TOBACCO, Section 7-4
                   License application; fee required - for Tobacco Dealer’s licenses to expire on November 30.

Town Clerk Chabot explained the current ordinance has the license expiring in February, although changed many years ago to November 30. The change would bring the ordinance in compliance with current practice.

Councilor President deMedeiros opened the hearing for public comment. There were no comments.

Councilor Burk motioned to approve the aforementioned amendment. Seconded by Councilor Janick, the motion passed unanimously.

                B. Approval of proposed amendment to Tiverton Code of Ordinances – Chapter 38 ENVIRONMENT,
                     Section 38-122 - Sound variance – to update land evidence records only when a long term/permanent
                     sound variance is approved.

Town Clerk Chabot explained the ordinance as written requires recording all sound variances. She believed the intention was to record only approved permanent sound variances and wanted to ensure we were in compliance.

Councilor President deMedeiros opened the hearing for public comment. There were no comments.

Councilor Burk motioned to approve the aforementioned amendment. Seconded by Councilor Perry, the motion passed unanimously.

C. Approval of proposed amendment to Tiverton Code of Ordinances – Chapter 78 TRAFFIC AND
                     VEHICLES, Section 78-31 - Trucks exceeding four tons in overall weight prohibited from using certain
                     Streets – to update East Hooper Street to Hooper Street

Councilor President deMedeiros opened the hearing for public comment. There were no comments.

Councilor Burk motioned to approve the aforementioned amendment. Seconded by Councilor Veira, the motion passed unanimously.

                D. Approval of proposed amendment to Tiverton Code of Ordinances – APPENDIX A ZONING ARTICLE
                     XXIV SOLAR ENERGY SYSTEMS that would allow for roof-mounted and ground systems for residential
                    and commercial development.
                     1. Letter from Bruce Hathaway

Councilor President deMedeiros noted the item would need to be held due to incorrect advertising. Aside from this, Solicitor Marcello noted that another issue arose regarding statutory requirements of the Planning Board. He recommended the current ordinance be sent back to the Planning Board for recommendations/findings of fact. Planning Board would have 45 days to return back to Council and there would be a concurrent 65 day time frame to hold a public hearing by the Council.      

Councilor Cook, noting the importance of the ordinance, suggested Council complete another careful review after Planning Board returns their recommendations.     

Resident David Carden addressed Council concerned the ordinance as drafted does not provide tools to make meaningful decisions, lacks detail and constricts rights of various parties involved. He stressed the importance of a document that provides definition to make certain the right decisions are made, ensuring preservation of agricultural land and forests, for coming generations. Although currently retired and working his farm, Mr. Carden, a former attorney, offered himself as a consulting resource.     

Buzz Becker, a Rhode Island developer from Virginia, also offered himself as a resource to assist with ordinance progress.   

Note: Councilor deMedeiros left the table.

Councilor Vieira motioned to refer the draft of Tiverton Code of Ordinances - Appendix A Zoning Article 24 Solar Energy Systems to the Planning Board. Seconded by Councilor Perry, the motion passed unanimously.

Note: Councilor deMedeiros returned to the table.

8. GENERAL BUSINESS

A. Councilor Cook – Request Council consider amending current committee appointment request form

Councilor Cook, explaining the current appointment request form lacks specificity that residents seeking appointments must also be electors, suggested amendment. Clerk Chabot added that her office had been working on new board and commission management software that includes an online application that can be amended. Councilor Burk suggested specific language to be Per the Tiverton Town Charter, residents seeking an appointment to a board, committee or commission must also be an elector of the town of Tiverton. All were in agreement and the Clerk was tasked to update both the online and print forms.  

B. Councilor Cook – Discussion and possible vote regarding zoning ordinances and use of shipping
     containers in residential areas as storage units

Councilor Cook had noticed shipping containers in front and back yards, considered them unsightly, and wished to know if they were permitted use and if ordinances addressed these. Building/Zoning Official Hoyle explained the zoning ordinance and building code defines structures and accessory structures. He furthered that a permit is required for any structure over 64 square feet and location is determined by side yards and setbacks, however no jurisdiction on what the structure looks like. He added that structures not in compliance with building or zoning codes will be subject to citation. It was decided that Councilor Cook would work with Building Official Hoyle to further investigate.     

                C. Councilor Cook – Discussion and possible vote regarding platform “Pacaso” if there is a need for a
                   zoning ordinance or be sub-part of Short-Term Rentals ordinance

 

Councilor Cook, expressing concern over this type of fractional home ownership, wondered if it should be addressed in a zoning or short term rental ordinance. Solicitor Marcello commented that such an ownership was creative and may be hard to regulate, however did not present any immediate concern worth management at this time.

                D. Discussion and vote to approve National Grid Joint Pole Petition – Puncatest Neck Road pole 141-50

 

Councilor Burk motioned to approve the aforementioned National Grid Joint Pole Petition. Seconded by Councilor Perry, the motion passed unanimously.

 

                E. Administrator Cotta – Approval of DPW Director Rogers’ Employment Contract – August 8, 2021 and
                    ending August 7, 2024

 

Councilor Edwards motioned to approve DPW Director Rogers’ Employment Contract – August 8, 2021 and
ending August 7, 2024. Seconded by Councilor Burk, the motion passed unanimously.

 

                F. Administrator Cotta – Discussion and possible vote to ratify Tax Stabilization Agreement with Tiverton
                    Power, LLC, 304 Progress Way

 

Administrator Cotta reminded that this agreement was previously discussed and the language drafted encompassed all of Council’s recommendations. Councilor Cook asked about the philanthropy monies. Administrator Cotta explained the Council would decide how to appropriate the funds designated for community benefit, adding they should be treated like a grant. Councilor Edwards summarized that the town is going to receive an extra $360,000 in the first year of the agreement.   

 

Councilor Burk motioned to approve the aforementioned Tax Stabilization Agreement. Seconded by Councilor Perry, the motion passed unanimously.

 

                G. Administrator Cotta/Fire Chief Reimels – Discussion and possible vote on authorization of purchase
                     agreement for Rosenbauer Quint fire truck with $50,000 deposit

 

Administrator Cotta described the truck as a recently built, demo truck that after purchase will be rebuilt to factory specs and warranted as if brand new. He said the $900K price was a substantial savings over typical cost for the model at 1.1M - 1.2 M. He furthered he was working on a USDA grant that, if qualified, would fund a possible third of the cost.     

 

Councilor Edwards motioned to approve the aforementioned authorization of purchase agreement. Seconded by Councilor Perry, the motion passed unanimously.

 

                H. Administrator Cotta – Discussion and possible vote to ratify IBPO Local 406 Contract Article VI,
                     Section 1 (a) regarding a Management Rights issue and a Memorandum of Understanding

                     concerning Life Insurance

 

Administrator Cotta explained that the Council had already ratified the entire agreement with the exception of two items that had not, at that time, been vetted by the union president.  

 

Councilor Edwards motioned to ratify IBPO Local 406 Contract Article VI, Section 1 (a) regarding a Management Rights issue and a Memorandum of Understanding concerning Life Insurance. Seconded by Councilor Burk, the motion passed unanimously.

 

                I. Administrator Cotta – Discussion and possible vote on authorization to enter into Agreement for Algae
                    Control and Watershed Management with City of Fall River and Town of Westport

 

Administrator Cotta explained the agreement does not obligate the town to any financial responsibility, but agrees to work together to study/prepare resolutions to mitigate algae issues affecting drinking water reservoir used by all three municipalities.    

 

Councilor Burk motioned to authorize to enter into Agreement for Algae Control and Watershed Management with City of Fall River and Town of Westport. Seconded by Councilor Perry, the motion passed unanimously.

 

                J. Councilor Perry – Discussion and possible vote on an employee and/or volunteer appreciation day

 

Councilor Perry wished to bring back the appreciation day, which had occurred in past years, as a way to show employees and committee members’ appreciation for what they do and the time they give. He and the Administrator would work on arrangements.     

 

9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

                A. Councilor Burk – Update on Casino Gaming Revenue Survey

Administrator Cotta updated on initial results from the survey he had developed with the assistance of Councilor Burk, Stu Gilfillen and Chief Jones. The survey was designed to garner feedback from citizens on what he believed were common concerns about gaming revenue expenditure. Concerning demographics, of 75 participants thus far, he noted responses seemed a good representation of all age groups. He relayed several examples of answers to questions such as using funds only after auditing, where 22% agreed and 54% strongly agreed. On the question of allowing spending on annual operational costs, there was largely a 50/50 split with 50.7% agreeing while 49.3% disagreed. He added that questions were intended to represent as many different sides as possible. The survey was still available on the town, recreation, library, police and fire department websites. The Administrator agreed to supply survey results to council at next meeting.          

 

                B. Clerk Chabot – Completed forms for Town Administrator’s Performance Evaluation are due to Town
                     Clerk by September 23, 2021 for council response collation

 

Clerk Chabot briefly reminded councilors to send her the evaluations as she had received only three to date.

 

10. CLOSED EXECUTIVE SESSION

                A. Solicitor Marcello – RIGL 42-46-5(a)(2) - General update on all pending litigation

 

Councilor Perry motioned to enter executive session pursuant RIGL 42-46-5(a)(2) - General update on all pending litigation. Councilor Burk seconded the motion, the motion passed unanimously.

 

Council entered closed executive session at approximately 9:04 p.m.

Council returned to open session at approximately 9:36 p.m.

 

Councilor Perry motioned to seal the minutes of Executive Session. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Council President deMedeiros reported that no votes were taken, informational report to Town Council only.

 

11. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 9:39 p.m.

 

A True Copy.

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk