Click 
to view the meeting video.
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 9, 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 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 Edwards
Councilor Cook
Councilor Vieira
Absent
Council Perry
Town Administrator Cotta, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present.
***CONSIDERATION AND VOTE ON THE FOLLOWING PROCLAMATIONS***
Tiverton Majors 2022 Softball Champions and Coaches
Council President deMedeiros formally recognized the Tiverton Girls Little League Major Division 2022 All Stars. A brief recess was called to allow for photos and accolades.
Councilor Burk motioned to approve the aforementioned proclamation. Seconded by Councilor Edwards, the motion passed unanimously.
Eagle Scout Achievement Honoring Ryan Alan Snell
Council President deMedeiros read aloud the Proclamation for Eagle Scout recipient Ryan Alan Snell, offering congratulations and wishing him continued success in his future endeavors.
Councilor Burk motioned to approve the aforementioned proclamation. Seconded by Councilor Vieira, the motion passed unanimously.
4. PUBLIC PRESENTATION
A. Northpoint Development Corporation – Presentation regarding future development plans of the
Tiverton Business Park and disclosure of previously approved Purchase & Sale Agreement
as voted by the Town Council in Executive Session on June 13, 2022
President deMedeiros explained the partnership with Industrial developer Northpoint Development Corporation came about after several months of negotiations that resulted in an agreement to sell approximately 109 acres of the Industrial Park at a cost of $50,000 per acre. The project was now in the hands of the Planning Board.
Representatives from Northpoint gave a short presentation that included information about the company headquartered in Kansas City, other development projects of interest in the northeast, conceptual building styles, and examples of industrial clients. They typically build spec buildings, however, a tenant is usually in place prior to completion of construction. Northpoint explained they not only design buildings that last, but partner with communities for the “long haul” including charitable contributions for community support.
The proposed $218,000,000 development in Tiverton included a conceptual plan of five state-of-the-art class a type buildings of approximately 1,736,000 square feet on 275 acres. Approximately 50% of the land would remain natural wetlands and forest. Future benefits included the creation of 461 construction jobs plus an estimated 690 permanent jobs.
BUSINESS BROUGHT BEFORE THE COUNCIL
Council President deMedeiros read the items on the Consent Agenda.
5. CONSENT AGENDA
A. Approval of Town Council Minutes
1. July 25, 2022 – Regular Meeting
2. July 25, 2022 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Solar Ordinance Advisory Committee (2)
2. FTR & Personnel Changes Advisory Subcommittee (3)
3. Board of Canvassers (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – July 2022
2. Town Administrator – Police and Fire Department Overtime Reports – July 2022
D. Acknowledge Receipt of Correspondence
1. Email/petition from AG Miranda regarding paving remainder of Captains Circle – refer to DPW
Director
E. Approval of Tax Assessor Abatements – $421.35
Councilor Cook removed C-1, Councilor Vieira removed A-1 and Councilor Edwards removed D-1 from the Consent Agenda.
Councilor Edwards motioned to approve Consent Agenda items except for A-1, C-1 and D-1. Seconded by Councilor Janick, the motion passed unanimously.
Re: A-1, Councilor Vieira noted pg. 4, the 7-B-3 motion needed correction. His last name was misspelled and
Councilor Perry had also opposed the re-appointment.
Councilor Vieira motioned to approve 5-A-1 as amended. Seconded by Councilor Burk, the motion passed unanimously.
Re: C-1, Councilor Cook queried about the new temporary contracted Planner and if a new report was available. Administrator Cotta affirmed she is fulfilling the Administrative Officer role, will have some regular office hours, and will provide updates to the Planning Board, but had not yet had enough time to prepare reports.
Councilor Edwards motioned to approve 5-C-1. Seconded by Councilor Janick, the motion passed unanimously.
Re: D-1, Councilor Edwards asked about the DPW referral. Administrator Cotta explained the small section of Captains Circle that was not repaved had been determined to be in MA. The referral was to have DPW director double check the boundaries.
Councilor Edwards motioned to approve 5-D-1. Seconded by Councilor Burk, the motion passed unanimously.
Councilor Cook motioned to bring forward agenda item 8. APPOINTMENTS AND RESIGNATIONS. Seconded by Councilor Janick, the motion passed unanimously.
8. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes
A. Zoning Board of Review – (2) Alternates, (1) Year Term (2) Vacancies – Annual Appointment
1. Jennifer Hilton, 128 Church Pond Drive – Request re-appointment, term ending 7/15/2023
2. Edwin K. Schober, Jr., 124 Long Pasture Way - Request re-appointment, term ending 7/15/2023
Councilor Burk motioned to waive policy and proceed to the aforementioned re-appointments. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Edwards motioned to re- appoint Jennifer Hilton and Edwin K. Schober, Jr. to the Zoning Board of Review, as alternates, for terms ending 7/15/2023. Seconded by Councilor Janick, the motion passed unanimously.
B. Dog Park Advisory Committee - (11) Member Board (2) Year Terms (3) Vacancies
1. Shawn S. Cournoyer, 46 Joann Drive - Requests re-appointment, term ending 3/28/2024
Councilor Edwards motioned to waive policy and proceed to the aforementioned re-appointment. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Edwards motioned to re- appoint Shawn S. Cournoyer to the Dog Park Advisory Committee, for a term ending 3/28/2024. Seconded by Councilor Vieira, the motion passed unanimously.
C. Economic Development Commission - (5) Members (4) Year Terms, (1) Vacancy
1. Daniel R. Brocklehurst, 39 Terra Verde Drive - Request appointment, term ending 7/15/2026
Councilor Cook motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Cook motioned to appoint Daniel R. Brocklehurst to the Economic Development Commission, for a term ending 7/15/2026. Seconded by Councilor Edwards, the motion passed unanimously.
D. Acknowledgement of resignation/retirement:
1. Phyllis Ibbotson from Harbor Commission effective 7/25/2022
Councilor Vieira motioned to accept the resignation of Phyllis Ibbotson from the Harbor Commission with regret and thanks. Seconded by Councilor Cook, the motion passed unanimously.
Councilor Janick motioned to bring forward agenda item 9-N. Seconded by Councilor Edwards, the motion passed unanimously.
N. David Paull/Dog Park Committee – Discussion and possible vote on grand opening special event to be
held on September 24, 2022 from 10am - 2pm
Councilor Burk motioned to approve the aforementioned special event. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Burk motioned to bring forward agenda item 9-L. Seconded by Councilor Janick, the motion passed unanimously.
L. Town Administrator - Discussion and possible vote to approve the Memorandum of Understanding
(MOU) between Newport County Mental Health, the Town of Tiverton, and the Tiverton Police
Department
Police Chief Jones and Dayna Gladstein with Newport County Mental Health (NMH) spoke about the proposed partnership and the numerous potential benefits including behavioral health recovery opportunities for the community as well as reduced reliance on police and fire response for behavioral health crises. The town would fund $52,000 for the first year of the project. NMH would facilitate training for police and dispatchers as well as provide onsite triage, assessment and clinical engagement activities at designated community locations. Data gathered during the first year would be used to create a financial sustainability plan for future years. The agreement would be reviewed annually and could be terminated at any time by either parties.
Councilor Burk motioned to approve the MOU between the Town of Tiverton, Tiverton Police Department and Newport County Mental Health, contingent on funding identification. Seconded by Councilor Vieira, the motion passed unanimously.
6. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments received: None
7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Approval of the proposed amendment to the Tiverton Code of Ordinances to include a new article in
Chapter 14, for ARTICLE IV – STONE BRIDGE DOCKS regarding town policy, definitions, authority,
application process and fees
Administrator Cotta explained the amendment would allow the dock to be utilized as a fee for service at $300.00 per year. Solicitor Marcello noted several non-substantive errors/changes needing correction. A total of twelve tie up locations would be awarded via an annual random drawing.
President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.
Councilor Veira motioned to approve the amendment to the Tiverton Code of Ordinances to include a new article in Chapter 14, for ARTICLE IV – STONE BRIDGE DOCKS regarding town policy, definitions, authority,
application process and fees, with the changes outlined at the hearing, giving the Solicitor and Clerk authority to make any non-substantive changes for codification. Seconded by Councilor Burk, the motion passed unanimously.
9. GENERAL BUSINESS
A. Council Vice President Burk – Discussion and possible vote on council resolution regarding recent
anti-Semitic Social Media post by Tiverton Restaurant and the larger issue of antisemitism, racism and
other forms of hate speech
Vice President Burk opened discussion regarding his resolution condemning anti-Semitism. Discussion continued amongst the councilors. Opinions varied on whether the resolution was an appropriate position for the council to take collectively.
Councilor Burk motioned to approve the aforementioned resolution. Seconded by Councilor Vieira, the motion failed 3-3, with Councilors deMedeiros, Cook and Edwards opposed.
B. Councilor Edwards – Discussion and possible vote related to Open Meetings Act training and
education for Board and Commission members
Councilor Edwards opened discussion on the importance of Open Meetings Act (OMA) education for newly appointed board and commission members to prevent inadvertent OMA violations. He suggested all members receive a copy of Section II of the OMA, and be required to enroll in online OMA training provided by the state.
President deMedeiros supported the idea of initial education as well as annual training, and reminded that duties of council liaisons was to assist board members with questions related to proper meeting procedure. It was decided the Clerk’s office would supply new and re-appointed members with OMA information and advise them of their council liaison. Administrator Cotta offered to send Solicitor Marcello’s last OMA education handout to all current board members.
Councilor Vieira motioned to bring forward agenda items 9-D and 9-E. Seconded by Councilor Edwards, the motion passed unanimously.
D. DPW Director Rogers – Discussion and possible vote to approve 2006 John Deere 544J Front End
Loader repair costs $17,500
Councilor Cook motioned to approve 2006 John Deere 544J Front End Loader repair costs $17,500. Seconded by Councilor Edwards, the motion passed unanimously.
E. Administrator Cotta/Police Chief Jones – Approval of budget transfers for FY22
1. $43,096.31 from Acct 3330-5102 Staff Salaries AFSCME to Acct 3330-5101 Personnel Services
2. $390.76 from Acct 3330-5102 Staff Salaries AFSCME to Acct 3330-6167 Uniform Equipment
3. $9,115.30 from Acct 3330-5102 Staff Salaries AFSCME to Acct 3330-6648 Tires, Parts and Maint.
4. $3,874.14 from Acct 3330-5102 Staff Salaries AFSCME to Acct 3330-6792 Taser Assurance
5. $370.44 from Acct 3330-5102 Staff Salaries AFSCME to Acct 3330-6935 Telephone
6. $4,995.00 from Acct 3330-5102 Staff Salaries AFSCME to Acct 3330-7590 IT/Computer Services
7. $7,559.48 from Acct 3330-5115 Education Incentive to Acct 3330-7611 Fuel
8. $5,000.00 from Acct 3330-5120 Accreditation Stipend to Acct 3330-7611 Fuel
9. $3,840.29 from Acct 3330-6912 Electric to Acct 3330-7611 Fuel
10. $3,244.19 from Acct 3330-6928 Education/Seminars to Acct 3330-7611 Fuel
11. $2,077.80 from Acct 3330-6969 Medical Supplies to Acct 3330-7611 Fuel
12. $1,274.17 from Acct 3330-7840 Station Maintenance to Acct 3330-7611 Fuel
13. $2,384.29 from Acct 2190-5268 Group Health-Active to Acct 2190-5269 Group Health-Retired
14. $5,672.46 from Acct 2190-7925 Workman’s Comp to Acct 2190-7920 Property/Liability Ins.
15. $11,273.30 from Acct 2220-5266 ERSRI – Pension 1538 to Acct 2220-5262 ERSRI – Pension 1534
16. $1,288.62 from Acct 2220-5267 TIAA CREFF - 1538 to Acct 2220-5262 ERSRI – Pension 1534
17. $114.72 from Acct 2220-5265 TIAA CREFF - 1532 to Acct 2220-5262 ERSRI – Pension 1534
18. $3,286.07 from Acct 1040-6912 Electric to Acct 3380-6745 Street Lighting
19. $3,930.57 from Acct 3310-5101 Personnel to Acct 3310-5104 Overtime (Comp Payout)
Councilor Vieira motioned to approve the budget transfers 1-19 as listed. Seconded by Councilor Edwards, the motion passed unanimously.
C. Councilor Cook – Discussion regarding Mayflower Wind Plan and potential vote for retention of
special environmental legal counsel
Councilor Cook expressed concern over the large planned wind farm and possible impacts on Tiverton. She suggested Tiverton consider hiring an environmental attorney to represent its interests, as Middletown and Little Compton had recently decided.
Solicitor Marcello relayed he had been contacted by a Mayflower attorney, who affirmed that Tiverton was not impacted by any part of the proposed plan. He furthered that while Portsmouth filed a notice of intervention as a directly affected party, Little Compton and Middletown also filed motions to intervene, despite not being directly affected. He said that the Department of Environmental Management and CRMC should also be looking out for the community at large. He added that Mayflower was holding a preliminary hearing on Aug. 18 and has also scheduled a virtual community forum for Portsmouth on Aug 16. He added that even if Council decided to hire an attorney, there would be no guarantee the motion to intervene would be granted. Council decided to hold off hiring an attorney in the interim and continue to monitor.
Councilor Edwards motioned to hold items F and G until after Executive Session. Seconded by Councilor Vieira, the motion passed unanimously.
H. Council Vice President Burk - Discussion and Possible vote to refer the Draft Zoning Ordinance on
Short Term Rentals to the Planning Board for a detailed report in accordance with RIGL 45-24-51
Councilor Burk gave an overview of key items in his revised draft ordinance, prefacing that it recognizes short term rentals are businesses, and if passed as is, would create opportunities for businesses to operate in residential zones. He touched on items included dwelling unit definitions, occupancy limits, annual inspections, parking requirements and non-compliance fines.
The planning board would have 45 days to respond with recommendations and a report on whether the proposal is consistent with the town’s Comprehensive Community Plan. Council would then hold a public hearing no later than 60 days from the time it submits the document to the planning board.
Councilor Burk motioned to send the draft to the planning board. Seconded by Councilor Edwards, the motion passed unanimously.
I. Councilor Edwards – Discussion and possible vote to refer the proposed Zoning Ordinance on Solar
Energy Systems to the Planning Board for a detailed report in accordance with RIGL 45-24-51
Councilor Edwards noted the committee, created in January, was tasked with rewriting a previously proposed solar ordinance that never materialized due to discrepancies related to the intent of the Comprehensive Community Plan. Twenty meetings were held between March 16 and August 19, 2022 where members reviewed existing ordinances from other communities, and sought advice from organizations such as URI, Grow Smart Rhode Island, solar trade groups and local developers.
Councilor Janick motioned to send the draft to the planning board. Seconded by Councilor Edwards, the motion passed unanimously.
J. Council President deMedeiros - Discussion and possible vote regarding Code of Ordinance amendment
to ARTICLE II Farmer’s Market Section 22-8 Conditions and to approve funds to advertise public
hearing
Councilor Janick motioned to approve funds to advertise public hearing. Seconded by Councilor Edwards, the motion passed unanimously.
K. Town Administrator - Discussion and possible vote to approve the contract addendum for On-site
Wastewater for administration and oversite to Carmody
Councilor Burk motioned to approve the contract addendum for On-site Wastewater for administration and oversite to Carmody. Seconded by Councilor Vieira, the motion passed unanimously.
M. Town Administrator - Discussion and possible vote to approve funding to re-advertise for Fire Chief
Councilor Edwards motioned to approve funding to re-advertise for Fire Chief. Seconded by Councilor Cook, the motion passed unanimously.
10. CLOSED EXECUTIVE SESSION
A. Town Administrator - 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Executive
Assistant Mary Lou Sullivan – Notice given
B. Town Administrator - 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Tax
Collector Toni Lyn McGowan – Notice given
Councilor Burk motioned to enter Executive Session for agenda items 10A and 10B. Councilor Edwards seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 10:15 p.m.
Council returned to open session at approximately 10:40 p.m.
Council President deMedeiros reported no votes were taken in Executive Session.
Councilor Burk motioned to seal the minutes of the Executive Session. Councilor Vieira seconded the motion. The motion passed unanimously.
9F. Town Administrator – Discussion and possible vote to approve contract change for Executive
Assistant Mary Lou Sullivan with retroactive salary adjustment of 2.5% for 7/21 to 7/22 and a
current salary increase of 2.5% from 7/22 to 7/23
Councilor Burk motioned to approve a contract change for Executive Assistant Mary Lou Sullivan with a retroactive salary adjustment of 2.5% for 7/21 to 7/22 and a current salary increase of 2.5% from 7/22 to 7/23. Councilor Edwards seconded the motion. The motion passed unanimously.
9G. Town Administrator – Discussion and possible vote to approve contract change for Tax Collector
Toni Lyn McGowan and retroactive salary adjustment back to 7/1/2022
Councilor Janick motioned to approve a contract change for Tax Collector Toni Lyn McGowan and retroactive salary adjustment back to 7/1/2022. Councilor Burk seconded the motion. The motion passed unanimously.
10. ADJOURNMENT
Councilor Janick motioned to adjourn the meeting. Councilor Vieira seconded the motion. The motion unanimously passed. The meeting adjourned at 9:40 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, Town Clerk