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 11, 2022, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.

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
Council President deMedeiros

Council Vice President Burk

Councilor Janick

Councilor Vieira

Councilor Cook

Council Edwards

 

Absent

Councilor Perry

 

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

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

4. CONSENT AGENDA                    

A. Approval of Town Council Minutes
     1. March 28, 2022 – Regular Meeting (Councilor Perry and deMedeiros abstain, absent)

    

B.  Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Harbor Commission (2)
     2. Open Space Commission (1)
     3. Dog Park Advisory (1) 
     4. FTR and Personnel Changes Advisory Subcommittee (2)

     5. Planning Board (3)

     6. Board of Canvassers (1)
     7. Recreation and Beach (2)

   

C. Acknowledge Receipt of Reports
     1. Town Administrator – Departments’ Monthly Reports – March 2022
     2. Town Administrator – Police and Fire Department Overtime Reports – March 2022

     3. Jennifer Siciliano, Town Planner and Administrative Officer – Report of Activities of Planning

         Department and Planning Board for March, 2022
     4. Boards & Commissions 2021 Annual Reports
         a. Open Space and Land Preservation Commission
         b. Zoning Board of Review and Planning Appeals

 

D. Acknowledge Receipt of Correspondence
     1. Tiverton Conservation Commission – Letter related to HB 7064 and other litter related topics

     2. City of Woonsocket - Resolution in opposition of S-2557 and H-7829
     3. Town of Burrillville – Resolution in opposition to S-2244 and H-7198
     4. John Moran – correspondence relative to street light replacement on Riverside Drive

     5. Tiverton Dog Park Advisory Committee – Letter regarding committee membership

 

Councilor Cook removed D-2 and B-4

 

Councilor Edwards motioned to approve Consent Agenda items except for D-2 and B-4. Seconded by Councilor Janick, the motion passed unanimously.

 

Re: B-4, Councilor Cook pulled item in order to vote separately.

 

Councilor Burk motioned to approve Consent Agenda item B-4. Seconded by Councilor Edwards, the motion passed 5-1, with Councilor Cook opposed.

 

Re: D-2, Councilor Cook noted her opposition to S-2557 and H-7829 as mandatory translation services could be a costly burden to the town. She proposed Council support a similar resolution in opposition. Councilor Janick voiced agreement while Councilors Burk and deMedeiros disagreed, stating everyone should have equal access to government services and government bodies. It was agreed the Solicitor would draft a similar resolution for future consideration.

 

Councilor Edwards motioned to approve Consent Agenda item D-2. 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. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes

                A. Sakonnet River Outfitters/Patricia Runci - Approval to change hours of operation

                     From: Monday-Friday 12pm-9pm, Saturday 10am-9pm and Sunday 9am-5pm

                     To: Monday - Sunday 9am-9pm

 

Owners Patricia and Joseph Runci explained the request for hours extension was to accommodate training classes and special competitions.

 

President deMedeiros opened the Public Hearing. Resident Theresa Botvin of 31 Hayden Avenue opposed the extension of hours and invited members to come to her house to listen to the disruptive gunfire she claimed she hears regularly. John Nery of 3 Springer Avenue was not opposed to the proposed hours but suggested a compromise by limiting usage to smaller caliber guns during certain hours. James Riley from 14 Paul Terrace, declared he and his wife had never been bothered by gunfire sounds despite hearing range shots on occasion. He added that firearm training classes should be appreciated as beneficial to safety.    

 

Councilor Edwards motioned to approve the new hours of Monday - Sunday 9am-9pm, contingent upon no firearms discharges before noon on Monday to Friday, and only smaller caliber (9mm and below) permitted Sunday from 5-9pm. Seconded by Councilor Cook, the motion passed 5-1, with Councilor Burk opposed.

 

                B. Portsmouth-Tiverton Rotary Club/Sharlene Patton - Approval of sound variance for 64^th Annual
                   Father’s Day Car Show at Longplex Sports Center, 300 Industrial Way on June 19, 2022, from 8 am to 5
                   pm and approval of special event permit (non-advertised) [cont. from 2/28/2022]

 

Sharlene Patton advised she had yet to connect with the Police Chief. Administrator Cotta reiterated that an official plan involving police and fire was a necessity prior to any approvals. 

 

President deMedeiros opened the Public Hearing. No one came forward to speak.

President deMedeiros continued the Public Hearing to April 25, 2022.

 

Councilor Edwards motioned to continue the item until the next meeting on April 25, 2022. Seconded by Councilor Janick, the motion passed unanimously.

 

7. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes

                A. Acknowledgement of resignation/retirement:
                      1. Judith A. Jones from Budget Committee, effective March 24, 2022 

                      2. Susan Gill as Chairman from Tiverton Planning Board, effective March 30, 2022

                     3. Marc C. Pfeiffer from Economic Development Commission, effective March 31, 2022

                      4. Kelly A. Levesque, Town Sergeant – resignation effective April 6, 2022

                      5. Garry Plunkett, Open Space and Land Preservation Commission - retirement            

                      6. Sean Frodyma, Open Space and Land Preservation Commission – retirement
                      7. Sean Frodyma, Conservation Commission – retirement

                      8. Peter Moniz, Tree Commission – retirement

 

President deMedeiros stepped away from the meeting. Vice President Burk read aloud the list of resignations and retirements, expressing appreciation for the hard work and dedication those members gave to their respective commissions and committees.

 

Councilor Vieira motioned to accept the above-mentioned resignations and retirements with regret. Seconded by Councilor Edwards, the motion passed unanimously.

President deMedeiros returned to the meeting.

 

                B. Arts Committee - (5) Member Board (2) Year Terms (2) Vacancies        

                     1. James W. Pelletier, 104 Bonniefield Drive – Requests re-appointment, term ending 4/15/2024

 

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

 

Councilor Janick motioned to re-appoint James W. Pelletier to the Arts Committee for a term ending 4/15/2024. Seconded by Councilor Edwards, the motion passed unanimously.

 

                C. Open Space and Land Preservation Commission - (9) Member Board (3) Year Terms (4) Vacancies
                      1. Brian Janes, 286 Seapowet Ave. - Requests re-appointment, term ending 4/15/2025             

                      2. Raphael Wechsler, 91 Penny Pond Road - Requests appointment, term ending 4/15/2025

 

Councilor Edwards motioned to waive policy and proceed to the aforementioned appointments. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards motioned to re-appoint Brian Janes and appoint Raphael Wechsler to the Open Space and Land Preservation Commission for terms ending 4/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

               

                 D. Conservation Commission - (7) Member Board (3) Year Terms (2) Vacancies   

                      1. Constance Fleckenstein, 55 Cottage Avenue - Requests re-appointment, term ending 4/15/2025

 

Councilor Edwards motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Vieira, the motion passed unanimously.

 

Councilor Edwards motioned to re-appoint Constance Fleckenstein to the Conservation Commission for a term ending 4/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

 

                 E. Cemetery Commission - (5) Member Board (3) Year Terms (1) Vacancy             

                      1. John S. Christo, 48 Canonicus Street - Requests re-appointment, term ending 4/15/2025

 

Councilor Edwards motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Vieira, the motion passed unanimously.

 

Councilor Janick motioned to re-appoint John S. Christo to the Cemetery Commission for a term ending 4/15/2025. Seconded by Councilor Edwards, the motion passed unanimously.

 

                 F. Historical Cemeteries Commission - (5) Member Board (3) Year Terms (1) Vacancy       

                      1. Thomas L. Snell, 245 King Road - Requests re-appointment, term ending 4/15/2025

                      2. Vicki Richman, 327 Village Road – Requests appointment, term ending 4/15/2025

 

Brief discussion ensued regarding clarification on the number of vacant terms.
 

Councilor Burk motioned to table the appointments to the next meeting on April 25, 2022. Seconded by Councilor Edwards, the motion passed unanimously.

 

                 G. Recreation Commission - (7) Member Board (3) Year Terms (4) Vacancies       

                      1. Stuart Gilfillen, 5 Highland Road - Requests re-appointment, term ending 4/15/2025

                      2. Robert Sedoma, 19 Bayview Avenue - Requests re-appointment, term ending 4/15/2025

                      3. Dana Coute, 3 White Tail Ln - Requests re-appointment, term ending 4/15/2025

                      4. Dan Bossolt, 196 Stoney Hollow - Requests re-appointment, term ending 4/15/2025

 

Councilor Cook motioned to waive policy and proceed to the aforementioned appointments. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards motioned to re-appoint Stuart Gilfillen, Robert Sedoma, Dana Coute and Dan Bossolt to the Recreation Commission for terms ending 4/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

 

8. GENERAL BUSINESS

                A. Councilor deMedeiros – Abigail Estates – Discussion and possible vote regarding the acceptance of

                     Abigail Estates Subdivision Open Space Lot Conservation Easement and Declaration of Restrictive

                     Covenants

 

Solicitor Marcello explained the item was primarily a housekeeping matter regarding a subdivision approved by Planning in 2013 that required a conservation easement. Although the easement would be owned and maintained by the association, the Town, as a beneficiary, needed to formally accept.

 

Councilor Burk motioned to accept Abigail Estates Subdivision Open Space Lot Conservation Easement and Declaration of Restrictive Covenants as presented by the Solicitor. Seconded by Councilor Vieira, the motion passed unanimously.

 

Councilor Janick motioned to move items 8H, 8J and 8K forward before 8B. Seconded by Councilor Edwards, the motion passed unanimously. 

 

Councilor Cook motioned to move items 8F ahead of item 8B.  Seconded by Councilor Janick, the motion passed unanimously. 

 

H. Stuart Gilfillen, Recreation – Discussion and possible vote to approve funds to advertise 2022
     Beach Fees proposal for Public Hearing on April 25, 2022

 

Councilor Vieira motioned to advertise 2022 Beach Fees proposal for Public Hearing on April 25, 2022.  Seconded by Councilor Janick, the motion passed unanimously. 

 

I. Stuart Gilfillen, Recreation – Discussion and possible vote to approve funds to advertise Tiverton Code

   of Ordinance amendment to Section 53-30 General rules applicable to all recreation and open space
   areas for Public Hearing on May 23, 2022

Mr. Gilfillen clarified the Section number listed on the agenda should have read 54-30.

 

Councilor Edwards motioned to advertise Tiverton Code of Ordinance amendment to Section 54-30 General rules applicable to all recreation and open space areas for Public Hearing on May 23, 2022.  Seconded by Councilor Vieira, the motion passed unanimously. 

 

J. Stuart Gilfillen, Recreation – Discussion and possible vote to approve funds to advertise Tiverton Code

    of Ordinance Chapter 42 - FIRE PREVENTION AND PROTECTION, ARTICLE II. - OPEN BURNING, Section

    42‐44 Firepits on town-owned beaches for Public Hearing on May 23, 2022

 

Councilor Burk motioned to advertise Tiverton Code of Ordinance Chapter 42 - FIRE PREVENTION AND PROTECTION, ARTICLE II. - OPEN BURNING, Section 42‐44 Firepits on town-owned beaches for Public Hearing on May 23, 2022. Seconded by Councilor Edwards, the motion passed unanimously.

 

K. Stuart Gilfillen, Recreation – Discussion and possible vote regarding Recreations Summer event:

    Tiverton Celebrates Parade

 

Councilor Edwards motioned to approve the Tiverton Celebrates Parade to be held on July 30, 2022. Seconded by Councilor Vieira, the motion passed unanimously. 

 

                F. Councilor Cook - Discussion and possible vote to consider allocating ARPA funds to buy historic site
                    markers to promote awareness of the Town’s historic areas 

 

Councilor Cook addressed Council explaining the request to consider using APRA funds to purchase historic site markers to promote Tiverton’s history. Her request included a letter from THPAC Chair, Susan Anderson as well as previous information about a 2016 grant application for this purpose. She relayed that a rough estimate for the plaques could be approximately $15,000. Administrator Cotta recommended revisiting the request when actual specs and formal quotes were available.        

 

                B. Councilor Cook - Discussion and possible vote on Resolution in opposition of S-2244 and H-7198

President deMedeiros stepped away from the meeting.

 

Councilor Cook motioned to approve the Resolution in opposition of S-2244 and H-7198 and to provide copies to every Rhode Island municipality, Tiverton’s legislators and the Governor requesting their support. Seconded by Councilor Edwards, the motion passed unanimously.

 

President deMedeiros returned to the meeting.

 

C. Administrator Cotta - Discussion and possible vote to authorize the signing of Teva and Allergan
              Opioid Settlements

Solicitor Marcello briefed that subsequent to the discussion held at the last meeting, another settlement agreement was circulating that should be included in the authorization retroactive to March 28, 2022, as well as authorization to accept as a lump sum payment, if available  

 

Councilor Edwards motioned to authorize the signing of Teva and Allergan Opioid Settlements, retroactive to the previous council meeting date, and to authorize to accept as a lump sum, if applicable. Seconded by Councilor Janick, the motion passed unanimously. 

 

D. Administrator Cotta – Discussion and possible vote to approve budget transfers

     1. $2,000 from Acct 3310-6925 State Mandated EMT Training to Acct 3310-7530 Software
                        Maintenance
                    2. $2,000 from Acct 3310-6928 Firefighter Training to Acct 3310-7530 Software Maintenance

     3. $2,571.36 from Acct 8830-5181 Seasonal (parks) employees to Acct 8790-6690 Misc Beach

          Operating Supplies)

Councilor Edwards motioned to the aforementioned transfer requests.  Seconded by Councilor Cook, the motion passed unanimously. 

               

E. Councilor deMedeiros – Discussion and possible votes on potential Town Council Budget Resolutions

     1. Tiverton Industrial Park proceeds

     2. Real Estate Conveyance Tax funds for Open Space

     3. Unexpended Municipal Expense Appropriation transfer

     4. Reserve funds from Unassigned General Fund in case Safer Grant not approved

 

Councilor Edwards motioned to approve the Town Council Budget Resolutions. Seconded by Councilor Janick, the motion passed unanimously.

 

G. Councilor Edwards – Discussion and possible vote on Town Council Grant Application Policy for
     Tiverton Ordinance Section 2-108 (d) Implementation of Ordinance

 

Councilor Cook motioned to approve the Town Council Grant Application Policy for Tiverton Ordinance Section 2-108 (d) Implementation of Ordinance.  Seconded by Councilor Burk, the motion passed unanimously.

 

9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

 

                A. Town Clerk – Update on Tiverton Reprecincting Plan, Financial Town Referendum and Ethics
                    Training/Filing reminder.

 

Clerk Chabot said the Board of Canvassers voted to approve new precinct boundaries and polling locations at their last meeting on April 7. A street file will be delivered to the state by April 15 and polling locations will be inspected by the state, including ADA compliance. A map will be created showing boundaries and polling locations. Sandywoods was eliminated and Fort Barton School was added as polling location.

 

Regarding the FTR, she referenced the important date list included in the backup. Alternate budget proposal elected position petitions are available at the town clerk's office, due back by April 16. The last day for voter registration is April 21 to vote in the FTR. Budget and resolution elector petitions are due back to the Town Clerk by noon on April 23. Final Canvass is April 29 at 4 pm. The FTR will be at the high school auditorium on May 5. Emergency ballot applications are available from May 9 through May 20. Absentee voting will be at Town Hall on May 19 & May 20 from 7am to 8pm. A runoff, if needed, would be June 4. She finished by reminding Council that Ethics training, available online, and Ethics Filing is required by April 29.

 

10. CLOSED EXECUTIVE SESSION

                A. Town Administrator - RIGL 42-46-5(a)(5) – Discussion and possible vote on disposition of publicly held

                     property in the Tiverton Industrial Park

 

                B. Council President/Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IAFF

     Local 1703 negotiations and arbitration

 

                C. Town Solicitor – RIGL 42-46-5(a)(2) – Town of Tiverton v. Raymond Johnson, NC-2009-663; Town of

     Tiverton v. Camaco Holdings, LLC and Raymond E. Johnson, NC-2017-384; Camaco Holdings, LLC and

     Raymond Johnson v. Zoning Board of Review, PC-2018-5254 – Update and status.

 

D. Town Solicitor – RIGL 42-46-5(a)(2) – Appeal of Rosalind Weir, PO Box 98 Adamsville, RI. 02801/Four

     Corners Properties, LLC, 28 East Road (Plat 706-Lot 111) from a decision and violation notice issued by

     the Building Official/Zoning Official and affirmed by the Zoning Board of Appeals at its April 6, 2022 –
                    Potential Litigation.”

 

Councilor Edwards motioned to enter Executive Session for the aforementioned Closed Executive Session items. Councilor Vieira seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 10:32 p.m.

Council returned to open session at approximately 10:52 p.m.

 

 

Councilor Burk motioned to seal the minutes of Executive Session. Councilor Vieira seconded the motion. The motion passed unanimously.

 

For Agenda items 10B, 10C and 10D, Solicitor Marcello reported there was general discussion only, and no votes were taken. For Agenda item 10A, he reported the Council discussed a potential offer, disclosure of any such votes taken in executive session at this point would be detrimental to the interests of the town and therefore they will not be disclosed at this time.

 

11. ADJOURNMENT

Councilor Vieira motioned to adjourn the meeting. Seconded by Councilor Janick, the motion passed unanimously. The meeting adjourned at 10:57 pm.

 

 

A True Copy.

 

ATTEST________________________________

                 Joan Chabot, Town Clerk