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 22, 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 Perry

Absent
Council Vieira

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

All items listed within the Consent Agenda are to be considered routine by Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed for separate consideration later on the agenda.

A. Approval of Town Council Minutes

    1. August 9, 2022 – Regular Meeting (Councilor Perry abstains, absent)
    2. August 9, 2022 – Executive Session (Councilor Perry abstains, absent)
    3. August 3, 2022 – Special Meeting (Councilor Cook abstains, absent)

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Solar Ordinance Advisory Committee (1)
     2. Historic Preservation Advisory Board (1)
     3. Open Space and Land Preservation (2)
     4. Zoning Board of Review (2)

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – July 2022 Budget and Revenue Reports

D. Acknowledge Receipt of Correspondence

     1. Peter Moniz – Letter re: repainting of crosswalk at intersection of Bulgarmarsh and Roosevelt, refer
         to Police Department

     2. A. G. Miranda – Letter re: August 9, 2022, council meeting agenda item 5-D-1 paving remainder of
         Captain’s Circle

     3. RIDEM Request for Information regarding the development of a new shore side facility to support
          commercial fishing, aquaculture, seafood, and other potential uses

E. Approval of Tax Assessor Abatements – $263.34

Councilor Cook removed A-1, D-1 and D-2, and Councilor Burk removed D-3 from the Consent Agenda.

Councilor Perry motioned to approve Consent Agenda items except for A-1, D-1, D-2 and D-3.  Seconded by Councilor Janick, the motion passed unanimously.

Re: A-1, D-1, D-2, Councilor Cook asked for details around the paving issue on Captain’s Circle and repainting of crosswalk at intersection of Bulgarmarsh and Roosevelt. Administrator Cotta explained the DPW Director believed the portion of that road was located in MA and would not be paved by Tiverton. DPW Director was to coordinate with Fall River. The line painting matter would be referred to the Police Dept. for review and follow up.    

Councilor Edwards motioned to approve Consent Agenda items A-1, D-1, D-2.  Seconded by Councilor Cook, the motion passed unanimously.

Re: D-3, Councilor Burk commented that Tiverton, having a vested interest, should participate in the RFI review if possible. The matter was referred to Administrator Cotta and the EDC.     

Councilor Burk motioned to approve Consent Agenda item D-3. Seconded by Councilor Edwards, the motion passed unanimously.

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

                A. Comments received:  Peter Moniz spoke re: his letter (D-1), reiterating the importance of
                     repainting the Bulgarmarsh and Roosevelt crosswalk and related safety concerns. Council
                     President deMedeiros assured Mr. Moniz the matter would be handled by the Police Chief.

6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes

                A. DeWitt Clinton Clemens III - Consideration of sound variance for a wedding at 393 Seapowet
                     venue on September 10, 2022, from 4:00 pm to 11:00 pm, and request approval of a special
                    event permit

Councilor Burk motioned to approve the sound variance and special event, pending all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

Council President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.

                B. Hector Rivera/Smokers Paradise, LLC, 46 Main Road – Requests approval of Tobacco Dealer
                     license - subject to meeting all legal requirements

Council President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.

Councilor Burk motioned to approve the tobacco license for Smokers Paradise, pending all legal requirements. Seconded by Councilor Perry, the motion passed unanimously.

                C. DeAndre Mooreland/Dizzy’s Hookah Lounge, 525 Main Road – Requests approval of Tobacco
                     Dealer license - subject to meeting all legal requirements

Council President deMedeiros explained that the state treated hookah lounges as smoking lounges, with special requirements around ventilation systems, food service, etc. She mentioned concerns around the basement location, septic system and parking capacities.  

DeAndre Mooreland addressed council, explaining the business plans and vision, and answered questions. Solicitor Marcello explained the town’s current use table did not allow specifically for the new trend of hookah lounge businesses, which might necessitate zoning relief.

As more information and research was necessary, the item would need to be continued.

Council President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.

Councilor Perry motioned to continue the matter until the 9/28/22 meeting. Seconded by Councilor Edwards, the motion passed unanimously.

                D. Consideration of the petition to abandon Patrick Avenue and the portion of Harrington Avenue located in Rhode Island
                     1. Planning Board Recommendation

Attorney Michael Monti, had distributed site plans for the proposed ISDS system and home his client, Vincent Vivona, intended to build. 

Council President deMedeiros, noting her recent two hour visit to the site, admonished Mr. Vivona about cleared land that appeared to include town owned portions, as well as her discovery of leaking diesel fuel cans. She added that Councilors Janick and Edwards also visited the site and witnessed the same.  Solicitor Marcello interjected that current research showed the roads were platted, however, no evidence was found showing formal acceptance or use by the town. Mr. Monti would work with the Solicitor to determine if the roads were, in fact, public. It was also noted that DEM was expected to visit the site soon. Councilor Janick shared concerns about the environmental and ecological impacts.     

Mr. Vivona apologized for any improper clearing and expressed willingness to cooperate with his future neighbors.

Council President deMedeiros opened the public hearing, noting the hearing would be continued to a later date to allow time for further research.   

Several area residents spoke, concerned about potential harmful effects of land clearing that included soil erosion, flooding, wetlands destruction and potential contamination of drinking water. Resident Peter Moniz, specifically asked that the Planning Board recommendation be noted for the record.

Solicitor Marcello, as legal counsel to the town, strongly recommended that Mr. Monti and client meet with neighbors to share building intentions prior to the public hearing continuation. He also requested that all further clearing cease until the ownership matter was clarified. 

Councilor Burk motioned to continue the public hearing until the 9/28/22 meeting. Seconded by Councilor Edwards, the motion passed unanimously.

7. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes

                A. Zoning Board of Review - (7) Member Board (5) Year Terms (1) Vacancies
                     1. John R. Jackson, 24 Bourne Avenue – Request re-appointment, term ending 7/15/2027

Mr. Jackson had advised the clerk’s office that he was not be interested in interviewing with council after having served for decades on the board. Council President deMedeiros commented that he would not be re-appointed  

                B. Juvenile Hearing Board - (2) Alternates, (3) Year Term (1) Vacancy
                     1. Dr. Bonita G. Cade, 12 Antelope Way – Request appointment, term ending 10/15/2024

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

Councilor Perry motioned to appoint Dr. Bonita G. Cade to the Juvenile Hearing Board, for a term ending 10/15/2024. Seconded by Councilor Janick, the motion passed unanimously.

8. GENERAL BUSINESS

                A. Michelle Silva – Request ordinance to allow resident stickers for parking from Bottom Street
                     to Bay Street on Canonicus and Hooper Streets

Ms. Silva explained her request for resident parking stickers to allow home owners to park in front of their residences on Canonicus and Hooper streets. She noted that she and other residents were negatively impacted by the parking ordinance change enacted in 2021. Chief Jones acknowledged the ordinance was intended to curtail nuisances such as illegal dumping, fishing, homeless encampments etc. to address a neighborhood complaint petition. The matter was referred to the Police Chief, Town Administrator and the Solicitor for development of an ordinance amendment.  

                B. Charlie and Lisa Ross – Petition to abandon an undeveloped portion of Myrtle Way.
                     Discussion and possible vote to refer to Planning Department

Councilor Perry motioned to refer the petition to abandon the undeveloped portion of Myrtle Way to the Planning board. Seconded by Councilor Burk, the motion passed unanimously.

                C. Administrator Cotta – Update on planned construction of duct banks mandated by the Public
                     Utilities Commission for electrical grid upgrades

Administrator Cotta expounded on the construction scheduled by Public Utilities Commission and RI Energy on Brayton, Bulgarmarsh and Fish Roads, to install conduits in underground duct banks to handle high voltage lines.  Construction would start after September 18, 2022 to allow for school starts. Work hours would extend beyond normal 9-3 to allow for quicker completion. He would ensure details and information was posted on the town website.

                D. Councilor Cook – Discussion and possible vote regarding Code of Ordinance amendment to
                     Chapter 42 Fire Prevention and Protection, Article II Open burning and to approve funds to
                     advertise public Hearing on 9/28/2022

Councilor Burk motioned to schedule public hearing for the proposed changes to Chapter 42 Fire Prevention and Protection, Part III, Article II for the October 11, 2022 meeting. Seconded by Councilor Cook, the motion passed unanimously.

                E. Cemetery Commission – Discussion and possible vote to approve the Commission’s
                     amendments to Cemetery Handbook Rules and Regulations

Councilor Perry motioned to refer the amendments to Cemetery Handbook Rules and Regulations to the Solicitor for review. Seconded by Councilor Janick, the motion passed unanimously.

                F. Administrator Cotta - Discussion and possible vote to award a contract for Air Conditioning in
                    Town Hall to Mark Plympton d/b/a Hydronomics for $8,000.00

Councilor Cook motioned to award contract for Air Conditioning in Town Hall to Mark Plympton d/b/a Hydronomics for $8,000.00. Seconded by Councilor Perry, the motion passed unanimously.

                G. Town Administrator – Approval of budget transfers for FY22:

                     1. $2080.00 from Acct 1050-7160 Legal Prosecution to Acct 1050-7159 Legal Litigation
                     2. $4114.00 from Acct 1050-7191 Legal Labor Counsel to Acct 1050-7159 Legal Litigation
                     3. $10,000.00 from Acct 1050-7195 Legal Code Review to Acct 1050-7159 Legal Litigation
                     4. $63.36 from Acct 1020-6890 Council Contingency to Acct 1050-7159 Legal Litigation

Councilor Janick motioned to approve the aforementioned budget transfers for FY22. Seconded by Councilor Perry, the motion passed unanimously.

9. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 9:30 p.m.

 

A True Copy.

 

ATTEST______________________________________

                         Joan B. Chabot, Town Clerk