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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, June 13, 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
Council Edwards
Councilor Cook
Councilor Vieira
Absent
Councilor Perry
Town Administrator Cotta, Solicitor Romano, Clerk Chabot and Deputy Clerk Veegh were also present. It was
noted that Councilor Janick would be arriving late.
Council President deMedeiros asked for a moment of silence for the passing of Capt. Joseph Plocica.
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. May 23, 2022 – Regular Meeting (Councilors Perry and Vieira abstain, absent)
2. May 23, 2022 – Executive Session (Councilors Perry and Vieira abstain, absent)
3. June 6, 2022 – Special Meeting (Councilor Perry abstain, absent)
4. June 6, 2022 – Special Executive Session (Councilor Perry abstain, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Economic Development Commission (3)
2. Historic Preservation Advisory Board (3)
3. Dog Park Advisory Committee (1)
4. Solar Advisory Committee (3)
5. Board of Canvassers (1)
6. Financial Town Hearing (1)
7. FTR & Personnel Changes Advisory Subcommittee (5)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – May 2022
2. Town Administrator – Police and Fire Department Overtime Reports – May 2022
D. Acknowledge Receipt of Correspondence
1. Paul A. Roselli/Rhode Island Association of Conservation Commissions – letter encouraging
Conservation Commission and/or Tree Warden to attend the Land and Water Conservation Summit
2. Receipt of Treasurer’s Warrant
3. Town Administrator response letter to Annette Ferrell questions related to Abigale Estates
4. Vicki Richman – letter in opposition to proposed Seasons gas station – referred to Planning Board
5. Gayle Lawrence - letter in opposition to proposed Seasons gas station – referred to Planning Board
6. Vicki Revier/Litter Committee – letter to recognize DPW efforts on behalf of the Litter Committee
Councilor Burk removed A-1 and B-2 and Councilor Cook removed B-7 from CA.
Councilor Edwards motioned to approve Consent Agenda items except for A-1, B-2 and B-7. Seconded by Councilor Burk, the motion passed unanimously.
Re: item A-1, Councilor Burk asked for a minor typo corrected. As to item B-2, Councilor Burk asked the Administrator for clarification on the Historic Preservation Advisory Board’s mention of updating the website to note Tiverton as a Preserve America Community as well as the mention of the demolition of historic structures.
Councilor Burk motioned to approve Consent Agenda items A-1 and B-2. Seconded by Councilor Edwards, the motion passed unanimously.
Re: item B-7, Councilor Cook desired to vote separately.
Councilor Burk motioned to approve Consent Agenda items B-7. Seconded by Councilor Edwards, the motion passed 5-1, with Councilor Cook opposed.
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. Arts and Artisan Festival/Alyssa Wood - Consideration of sound variance for Arts and Artisan Festival
at Mill Pond Shops @ Tiverton Four Corners, 3980 Main Road on July 16, 2022, from 10:00 am
to 4:00 pm and request approval of special event permit (cont. from 5/23/2022)
Ms. Wood had emailed earlier that she was unable to make it again and that she would try again next year.
President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.
Councilor Burk motioned to accept the withdrawal of Alyssa Wood for the sound variance request for Arts and Artisan Festival at Mill Pond Shops @ Tiverton Four Corners, 3980 Main Road on July 16th of this year
from 10 to 4 on approval of a special event permit with the understanding that we will not be remitting any funds. Seconded by Councilor Vieira the motion passed unanimously.
B. Anna Duncan and Matthew Ferrara – Consideration of sound variance for a wedding at 86 Indian
Point Road on September 24, 2022, from 4:30 pm to 10:00 pm, and request approval of a special
event permit
President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.
Councilor Edwards motioned to approve the aforementioned sound variance and special event permit. Seconded by Councilor Burk, the motion passed unanimously.
C. Recreation Commission/Chair Stuart Gilfillen - Consideration of sound variance for Tiverton Summer
Concert Series at Bulgarmarsh Park Pavilion on July 14, 21, 28 & August 5, 12, 19, 2022, (rain date
August 25) from 5:30 pm to 9:00 pm and request approval of a special event permit
Recreation Chair Stu Gilfillen explained the free, family-friendly concert series to be located at Bulgarmarsh Park Pavilion. They would utilize already approved food truck vendors as well as have a police detail present.
President deMedeiros opened the public hearing. Mark Plympton of 12 Point View Drive spoke, in full support of the concert series. The public hearing was closed.
Councilor Edwards motioned to approve the sound variance for Tiverton Summer Concert Series at Bulgarmarsh Park Pavilion on July 14, 21, 28 & August 5, 12, 19, 2022, (rain date August 25) from 5:30 pm to 9:00 pm and approve the special event permit. Seconded by Councilor Vieira, the motion passed unanimously.
D. Consideration of the proposed amendment to Tiverton Code of Ordinance Chapter 78 Traffic and
Vehicles, Section 78-61 Nonresidential parking penalties for violation of article and Section 78-85
Parking prohibited between 10:00 p.m. and sunrise
Recreation Chair Stu Gilfillen explained the amendment was to give the ability to put a fine against an ordinance already on the books.
President deMedeiros opened the public hearing. Mark Plympton of 12 Point View Drive asked how the ordinance would affect Fogland Beach. Mr. Gilfillen reiterated the ordinance gave the ability for persons parked after hours, to be fined. Conservation Commission Chair Tom Ramotowski expressed concern about the amendment conflicting with town-sanctioned special events such as astronomical viewings, etc. Council President DeMedeiros said those events should be permitted. The public hearing was closed.
Councilor Burk motioned to approve the amendment to the Tiverton Code of Ordinance Chapter 78 Traffic and
Vehicles, Section 78-61 Nonresidential parking penalties for violation of article and Section 78-85 Parking prohibited between 10:00 p.m. and sunrise. Seconded by Councilor Vieira, the motion passed unanimously.
E. Consideration of the proposed amendment to Tiverton Code of Ordinances - Chapter 78 – Traffic and
Vehicles Section 78-37(f) Stop Streets regarding Lyne Road, No. Christopher Road and So. Christopher
Road as recommended by the Police Department
President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.
Councilor Edwards motioned to approve the amendment to the Tiverton Code of Ordinances - Chapter 78 – Traffic and Vehicles Section 78-37(f) Stop Streets regarding Lyne Road, No. Christopher Road and So. Christopher Road as recommended by the Police Department. Seconded by Councilor Vieira, the motion passed unanimously.
F. Consideration of the proposal to rename Spruce Street, Maple Street, Highland Street, Hemlock Street
and Beach Street as recommended by the Planning Board
Councilor deMedeiros noted that all of the streets were paper roads with the exception of Hemlock Street. She proposed naming Hemlock Street as Costa’s Way, as many Costa family members have lived on the street for years.
President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.
Councilor Burk motioned to rename the roads in the following manner - Spruce Street will be A Street, Maple Street will be B Street, Highland Street will be C Street, Hemlock Street will be Costa's Way, and Beach Street will be E Street, within the Stafford Heights East subdivision. Seconded by Councilor Edwards, the motion passed unanimously.
7. BOARD OF LICENSING– Discussion and possible vote
A. John Cordeiro/Megan L. Cordeiro Memorial Foundation – Request Special Event approval for the
14th Annual Miles for Megan Bike Ride/Walk Event on September 24, 2022, from 7:00 am to 3:00 pm,
subject to meeting all legal requirements
Councilor Burk motioned to approve the special event for the 14th Annual Miles for Megan Bike Ride/Walk Event on September 24, 2022, from 7:00 am to 3:00 pm, subject to meeting all legal requirements. Seconded by Councilor Vieira, the motion passed unanimously.
8. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes
A. Dog Park Advisory Committee - (11) Member Board (2) Year Terms (11) Vacancies
1. Richard Segel, 97 Myrtle Way - Requests re-appointment, term ending 3/28/2024
2. Paul Anderson, 18 Olympia Avenue - Requests re-appointment, term ending 3/28/2024
3. Joanna Krystman, 18 Olympia Avenue - Requests re-appointment, term ending 3/28/2024
4. Melissa Quinlan, 25 Garden Avenue – Requests re-appointment, term ending 3/28/2024
5. David Paull, 175 Warren Avenue - Requests re-appointment, term ending 3/28/2024
6. Kim Sutherland, 199 Furey Avenue - Requests re-appointment, term ending 3/28/2024
7. Robert K. Sutherland, 199 Furey Avenue - Requests re-appointment, term ending 3/28/2024
Councilor Burk motioned to approve the re-appointment of the aforementioned seven members for two-year terms ending 3/28/2024. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Janick arrived at the meeting at 7:50 PM.
9. GENERAL BUSINESS
A. Councilor Edwards/Solar Ordinance Advisory Committee – Discussion and possible vote to extend
draft solar ordinance submission date from 6/13/2022 to 8/1/2022 and discussion of a joint meeting
with Planning Board
Councilor Edwards briefly explained the need for the extension, due to summer vacation delays, etc. Council President questioned the necessity of the joint meeting with the Planning Board.
Councilor Burk motioned to extend the draft solar ordinance submission date from 6/13/2022 to 8/1/2022. Seconded by Councilor Edwards, the motion passed unanimously.
B. Town Administrator – Discussion and possible vote to approve budget transfers:
1. $6,486 from Acct 3310-5101 Fire Personnel/Base Salary to Acct 3310-7322 Personal & Protective Gear
2. $1,170 from Acct 3310-6922 Educational Allowance to Acct 3310-7322 Personal & Protective Gear
3. $2,344 from Acct 3310-6928 Firefighters Training to Acct 3310-7322 Personal & Protective Gear
4. $42,000 from Acct 3310-5101 Fire Personnel/Base Salary to Acct 3310-5104 Overtime
5. $6,486 from Fund #460 APRA Ladder Training to Acct 3310-5101 Fire Personnel/Base Salary
Councilor Burk motioned to approve the aforementioned budget transfers. Seconded by Councilor Vieira, the motion passed unanimously.
C. DPW Director Rogers – Discussion and possible vote to approve budget transfers:
1. $4,000 from Acct 5540-5101 DPW Maint Workers to Acct 5540-7325 Highway Signs
2. $400 from Acct 5530-6912 Landfill Elect & Propane to Acct 5530-5104 Landfill Overtime
3. $8,000 from Acct 5540-5101 DPW Maint Workers to Acct 5530-7611 Landfill Gas & Motor Oil
4. $8,000 from Acct 5540-5101 DPW Maint Workers to Acct 5500-6457 Rubbish/Recyc Services
5. $5,700 from Acct 5130-5180 Maint/Labor Seasonal to Acct 5500-6457 Rubbish/Recyc Services
6. $300 from Acct 5130-5180 Maint/Labor Seasonal to Acct 5130-6690 Maint Repairs, Tires, Exp
7. $800 from Acct 5130-5180 Maint/Labor Seasonal to Acct 5130-7611 Maint Gas & Motor Oil
Councilor Vieira motioned to approve the aforementioned budget transfers. Seconded by Councilor Edwards, the motion passed unanimously.
D. DPW Director Rogers - Discussion and possible vote to award the contract to Dennis K. Burke, Inc. for
the FY23 Fuel Bid – Unleaded gasoline & clear ultra-sulfur diesel
Councilor Vieira motioned to award the contract to Dennis K. Burke, Inc. for the FY23 Fuel Bid – Unleaded gasoline & clear ultra-sulfur diesel. Seconded by Councilor Edwards, the motion passed unanimously.
E. DPW Director Rogers – Discussion and possible vote to advertise for Bituminous Concrete Crusher
rental for FY23
Councilor Vieira motioned to approve advertising for Bituminous Concrete Crusher rental for FY23. Seconded by Councilor Edwards, the motion passed unanimously.
F. Town Administrator – Discussion and possible vote to approve delayed Other Post-Employment
Benefits (OPEB) contributions for FY2021 ($100,000) and FY 2022 ($100,000) for a total of $200,000
from American Recovery Funds (ARPA)
Councilor Edwards motioned to approve contributions to OPEB for FY2021 in the amount of $100,000
and FY2022 in the amount of $100,000 for a total of $200,000 from the American Recovery Funds. Seconded by Councilor Vieira, the motion passed 5-1, with Councilor Cook opposed.
G. Recreation Commission/Chair Stuart Gilfillen – Discussion and possible vote to approve funding for
the purchase of a gatehouse for Fogland Beach using grant and American Recovery (ARPA) funds
Councilor deMedeiros motioned to approve funding of $6,000 from the Open Space Commission’s CRMC grant award and $6,685 in ARPA funds for the purchase of a gatehouse for Fogland Beach. Seconded by Councilor Edwards, the motion passed unanimously.
H. Councilor Cook – Follow up discussion re: letters sent to Council by Town of Hopkinton re: Solar
Energy Proposed Legislation HB 6676 relating to Taxation-Levy and Assessment of Local Taxes and
their opposition
Councilor Cook reiterated concerns regarding Solar Energy Proposed Legislation HB 6676 due to potential financial impacts to the Town.
Assessor Robert explained HB 6676 appeared to have been withdrawn in February, and new bill HB 8220 replaced it. Had HB 6676 passed, the Town would have had to refund approximately $15,000. He stated that the new bill HB 8220, not retroactive and based on December assessments, would potentially cost roughly a $7,000 to $8,000 in tax loss. He gave further details about amendment HB 8220 Sub A, whereby if farms convert less than 20% of the land, no use changes apply.
Despite the unlikelihood of such a bill passing this year, Councilor Cook felt the Council should be on the record as opposing any such bill.
Councilor Cook motioned to authorize Solicitor to prepare a resolution in opposition to HB 6676 and any similar House or Senate bills proposed. Seconded by Councilor Burk, the motion passed unanimously.
I. Councilor Cook – Update on results of the adoption of the Resolution for Coastal Buffer Zone to Allow
for Aquaculture and Minimize Conflicting Uses
1. Discussion and possible vote on a resolution to support House Bill 8244 (cont. from 5/23/22)
2. Discussion and possible vote regarding Rep. Edward’s suggestions and actions for the Council to
pursue in letter
Councilor Cook introduced her draft resolution 2022-0010 in support of HB 5244 as related to Aquaculture legislation. She read aloud a letter from Rep. John G. Edwards that requested a resolution and asked the Town to request letters of support from neighboring Towns of Portsmouth, Little Compton, Middletown and Newport.
Councilor Edwards agreed with the resolution but pointed out caveats whereas the bill only applied to the Sakonnet River watershed and was a five-year pilot program. He also mentioned that subsequent amendments promised at the June 7th hearing, have not been provided.
Councilor Cook motioned to move forward with the amended resolution and to also send it to the Chairs of the respective committees of jurisdiction (House Corporations and Senate Environment and Agriculture), SAMP and CRMC. Seconded by Councilor Edwards, the motion passed unanimously.
J. Councilor Burk – Discussion and possible vote to set a public hearing date on the proposed Charter
amendments for Article III Financial Town Referendum and to approve funds to advertise a public
hearing
Due to inconsistencies found in the draft, Councilor Burk requested to continue until the next meeting to allow further review.
Councilor Burk motioned continue discussion and possible vote to set a public hearing date on the proposed Charter amendments for Article III Financial Town Referendum and to approve funds to advertise a public
hearing to the next meeting on June 27, 2022. Seconded by Councilor Edwards, the motion passed 5-1, with Councilor Cook opposed.
10. CLOSED EXECUTIVE SESSION
A. Town Solicitor – RIGL 42-46-5(a)(2) Litigation - Update on Case No. PM-2022-02436
Twin River-Tiverton LLC v. Town of Tiverton by and through David Robert, RICA as Tax Assessor
B. Town Administrator - RIGL 42-46-5(a)(5) – Discussion and possible vote on the disposition of publicly
held property in the Tiverton Industrial Park
C. Town Solicitor – RIGL 42-46-5(a)(2) - General update on all pending litigation
D. Town Solicitor – RIGL 42-46-5(a)(2) Litigation – Update on Case No. NC-2021-0201, Northborough
Realty Holdings, LLC v. Tiverton Zoning Board of Review Sitting as the Board of Appeals
Councilor Vieira motioned to enter Executive Session for agenda items 10-A, 10-B, 10-C and 10-D. Councilor Edwards seconded the motion. The motion passed unanimously by roll call vote.
Council entered closed executive session at approximately 9:00 p.m.
Council returned to open session at approximately 10:22 p.m.
Councilor Burk motioned to seal the minutes of the Executive Session. Councilor Vieira seconded the motion. The motion passed unanimously.
Solicitor Marcello reported that for items 10A, 10C and 10D no action was taken and for 10B, a vote was taken but the 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. Councilor Burk seconded the motion. The motion unanimously passed. The meeting adjourned at 10:23 p.m.
A True Copy.
ATTEST________________________________
Joan Chabot, Town Clerk