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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, March 28, 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 Vice President Burk
Councilor Janick
Councilor Vieira
Councilor Cook
Council Edwards
Absent
Council President deMedeiros
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 5, 2022 – Special Meeting (Councilor Perry abstains, absent)
2. March 8, 2022 – Special Meeting
3. March 14, 2022 – Regular Session
4. March 14, 2022 – Executive Session
5. March 21, 2022 – Special Meeting (Councilors de Medeiros and Perry abstain, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Personnel Board (2)
2. Open Space Commission (2)
3. Dog Park Advisory (1)
4. Historical Cemeteries (7)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – February 2022 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Town of Charlestown – Resolution in support of Legislation on Controlling Blasting
2. City of Pawtucket - Resolution in support of 2022 H-7427
3. City of Woonsocket - Resolution in opposition of S-2244 and H-7198
4. AG Miranda – Letter to the Tiverton Council, dated March 19, 2022
E. Approval of Tax Assessor Abatements - $ 1,859.32
Councilor Cook removed D-3 and D-4
Council Burk removed B-3 and B-4
Councilor Janick motioned to approve Consent Agenda items except for B-3, B-4, D-3 and D-4. Seconded by Councilor Vieira, the motion passed unanimously.
Re: B-3, Councilor Burk said the minutes lacked detail. And re: B-4, Councilor Burk asked if the Historical Cemetery was now up to date with minutes as well as other Boards/Commissions. Administrator Cotta would follow up with both questions.
Re: D-3, Councilor Cook read the Woonsocket resolution in its entirety. She cited the included testimony from RI League of Cities and Town’s Director Jordan Day, echoing concern over unelected arbitrators given greater control over municipal budgets, with no recourse for taxpayers. It was agreed the Solicitor would draft a similar resolution for future consideration.
Re: D-3, Councilor Cook queried about possible solutions to address resident AG Miranda’s complaint of flooding/runoff from a neighboring property. Administrator Cotta stated the DPW, Building and Zoning departments have reviewed the matter and determined the offending property was located in MA, therefore was a civil matter between two neighbors. RIDEM had recommended the complainant contact Massachusetts DEQE, or appropriate MA freshwater wetlands agencies for assistance.
Councilor Cook motioned to approve Consent Agenda items B-3, B-4, D-3 and D-4. Seconded by Councilor Edwards, 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. Cultural Survival/Danae Laura – Approval of sound variance for Cultural Survival Bazaar at Tiverton
Four Corners Arts Center, 3852 Main Road on July 23-24, 2022, from 10 am to 6 pm, and approval of
special event permit (non-advertised)
Vice President Burk opened the Public Hearing. No one came forward to speak.
Councilor Vieira motioned to approve the sound variance for Cultural Survival Bazaar at Tiverton Four Corners Arts Center, 3852 Main Road on July 23-24, 2022, from 10 am to 6 pm, and approval of special event permit, pending all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Edwards motioned to move item 6-B to after item 8-H. Seconded by Councilor Vieira, the motion failed 3-2, with Councilors Cook, Burk and Vieira opposed.
Councilor Vieira motioned to move item 8-H before item 6-B. Seconded by Councilor Edwards, the motion passed unanimously.
8-H. Administrator Cotta – Update and discussion on Longplex Sports Center
1. state fire code citations
2. street parking issues
Administrator Cotta summarized various issues involving excess capacity, resulting in parking issues on Progress Road and Industrial Way as well as fire code violations at Longplex Sports Center that have been cited. He expressed concern over potential threats to public safety as well as municipal liability. He stated there had been recent multiple instances where maximum capacity exceeded 300 which requires hired fire detail, per state law. The state fire marshals’ office was called in to assist and planned to meet with owner Mr. James Long in the upcoming week. Administrator Cotta was to return with an update at the second meeting in April.
B. Portsmouth-Tiverton Rotary Club/Sharlene Patton - Approval of sound variance for 64th 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)
Vice President Burk opened the Public Hearing.
Ms. Sharlene Patton with Portsmouth-Tiverton Rotary Club explained the event will be held at Longplex Sports Center which would be closed to all other regular business that day. She noted extended hours would help with preventing overcrowding and traffic issues.
Due to the existing issue with the Longplex Sports Center, it was decided to continue the public hearing to the next meeting on April 11, 2022.
Mr. Tom Swanson, past president of the Rotary Club, spoke briefly about the event’s historical location at the Portsmouth Abbey. He posited the idea of having the show cars parked inside the facility, to allow ample space outside for spectator parking.
Police Chief Jones, expressing concern over potential safety issues with roadside parking, was in favor of a no street parking ordinance, as well as the club developing a safety plan, encompassing both Police and Fire Departments, to ensure the event remained safe.
Vice President Burk continued the Public Hearing to April 11, 2022, meeting, to allow additional time to develop a plan acceptable to the Police and Fire Departments.
7. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes
A. Planning Board - (9) Member Board (3) Year Terms (1) Vacancy
1. Amanda Souza, 160 Leger Lane – Requests re-appointment, term ending 7/15/2024
Councilor Janick motioned to re-appoint Amanda Souza to the Planning Board, term ending 7/15/2024. Seconded by Councilor Vieira, the motion passed unanimously.
B. Solar Ordinance Advisory Committee
1. Council Representative Michael S. Burk - Requests removal as Council Representative
2. Councilor William J. Vieira – Requests appointment as Council Representative
3. Councilor Michael S. Burk – Requests appointment as Ex-Officio non-voting member
Councilor Veira motioned to remove Michael S. Burk as Council Representative to the Solar Advisory Committee. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Edwards motioned to appoint William J. Vieira as Council Representative to the Solar Ordinance Advisory Committee. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Janick motioned to appoint Michael S. Burk as Ex-Officio non-voting member to the Solar Ordinance Advisory Committee. Seconded by Councilor Vieira, the motion passed unanimously.
8. GENERAL BUSINESS
A. Councilor Janick – Discussion and possible vote regarding authorization and funding to video record
and live stream Planning Board and Zoning Board of Review meetings
Administrator Cotta explained conflicts with the availability of the video team and equipment, though acknowledged the necessity and ongoing commitment to acquire the means to accommodate live streaming/recording.
B. Gordon Craig/Brayton Woods Owners Association President – Discussion and possible vote to refer to
the Police Chief the request for consideration of four (4) proposed stop signs within Brayton Woods
for the purpose of vehicular speed reduction
Gordon Craig, President of Brayton Woods Owners Association briefed Council on the proposed stop sign requests as a result of ongoing issues with speeding in the Brayton Woods neighborhood. After brief discussion, it was agreed to refer the matter to the Police Chief.
Councilor Edwards motioned to refer the aforementioned request to the Police Chief for consideration of four proposed stop signs within Brayton Woods for the purpose of vehicular speed reduction. Seconded by Councilor Janick, the motion passed unanimously.
C. DPW Director Rogers – Discussion and possible vote to approve funds to advertise bids for the
following supplies:
1. Bituminous Concrete Paving
2. Washed Sand, Washed Stone, Bank Run Gravel, Screened Loam
Crushed Stone and Dense Graded Stone
3. High-Density Polyethylene Pipe (HDPE)
4. Concrete Block Catch Basin Structures
5. Catch Basin Frames and Grates
6. Unleaded Gasoline, Clear Ultra Sulfur Diesel Fuel
7. Daily Landfill Cover
8. Crack Sealing
9. Line Painting
10. Tub Grinding Services
11. Guard Rail Installation
12. Septic Tank Pumping
13. Onsite Wastewater Treatment System Inspections
14. Uniform Rental Service
15. Roadside Grass and Brush Mowing
Councilor Cook motioned to approve funds to advertise bids for the aforementioned supplies. Seconded by Councilor Janick, the motion passed unanimously.
D. DPW Director Rick Rogers – Discussion and possible vote to approve funds to advertise for
Maintenance/Laborer Seasonal Help
Councilor Edwards motioned to approve funds to advertise for Maintenance/Laborer Seasonal Help. Seconded by Councilor Vieira, the motion passed unanimously.
E. Town Clerk – Discussion and possible vote on ratification of a one-year extension of Avenu
Enterprise Solutions, LLC Contract for Land Evidence, Probate Microfilming, Storage and Recording
Councilor Edwards motioned to approve to ratify a one-year extension of Avenu Enterprise Solutions, LLC Contract for Land Evidence, Probate Microfilming, Storage and Recording. Seconded by Councilor Cook, the motion passed unanimously.
F. Councilor Edwards – Discussion and possible vote regarding amendments to Tiverton Code of
Ordinance Chapter 2 Administration Section 2-107 Casino Gaming Revenue and setting date for a
future public hearing (continued from 2/28/2022)
Councilor Edwards motioned to move forward with the proposed ordinance as amended for a public hearing on May 9, 2022. Seconded by Councilor Janick, the motion passed 4-1, with Councilor Cook opposed.
G. Administrator Cotta – Discussion and possible vote to authorize Police Chief to apply to the Senate
Appropriations Committee for funding to support the Town’s public safety radio project
Councilor Edwards motioned to authorize Town Administrator/Police Chief to apply to the US Senate Appropriations Committee for funding to support the Town’s public safety radio project. Seconded by Councilor Vieira, the motion passed unanimously.
I. Discussion and possible vote on advertising public hearing for proposed amendment to Tiverton Code
of Ordinance Chapter 78 Traffic and Vehicles, Section 78-71 Parking Prohibited - At all times on certain
streets., regarding Industrial Way and Progress Road
Councilor Edwards motioned to advertise a public hearing on May 9, 2022, for the proposed amendment to Tiverton Code of Ordinance Chapter 78 Traffic and Vehicles, Section 78-71 Parking Prohibited - At all times on certain streets., regarding Industrial Way and Progress Road, noting that the town solicitor will confirm the names of those roads and striking Access Road - Town police department from December 1 to May 1st. Seconded by Councilor Vieira, the motion passed unanimously.
J. Councilor Cook – Discussion and possible vote on Resolution in Opposition of HB 6638 and SB 2340
“An Act Relating to Towns and Cities - Zoning Ordinances”
Councilor Cook motioned to support the resolution in opposition to house bill 6638 and senate bill 2340 an act relating to towns and cities or zoning ordinances and having it signed and transmitted as indicated in the resolution. Seconded by Councilor Edwards, the motion passed unanimously.
K. Administrator Cotta – Update on Bay Street
Administrator Cotta recently met with engineer Bob Hoffman (Hoffman Engineering) who oversees the Bay Street testing and remediation. He felt the Council would be interested in a brief update and would coordinate with Mr. Hoffman to present at an upcoming meeting.
Vice President Burk asked for a motion to add an agenda item pursuant to RIGL 42-46-6(b).
Councilor Edwards motioned to amend the agenda pursuant to RIGL 42-46-6(b) to add to the agenda, for discussion only, authorization related to the opioid settlement. Seconded by Councilor Vieira, the motion passed unanimously.
Although Solicitor Marcello had been previously authorized by Council to sign an opioid settlement agreement, a new authorization to sign on behalf of the Town was needed for two new defendants (Teva and Allergan) who had recently settled. He planned on signing now but intended to have a retroactive formal authorization request placed on the next council meeting agenda. He was not yet sure what settlement amount the Town would receive but noted that Scituate, similar in size and population, was to receive $58,000. In addition to settlement money, one of the defendants was to provide Narcan supplies to cities/towns at no cost.
9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS
A. Town Clerk – At the Board of Canvasser meeting on March 29, 2022, at 3:00 p.m., there will be a
presentation of the Reprecincting Plan from Election Data Services for determining Tiverton precinct
designations and locations
Clerk Chabot noted that Election Data Services representative Ryan Taylor would be presenting a proposed Reprecincting plan at tomorrow’s Board of Canvassers meeting.
Clerk Chabot mentioned that any Town Council budget resolutions should be on the agenda for the next meeting as they were due by April 14.
10. ADJOURNMENT
Councilor Vieira motioned to adjourn the meeting. Seconded by Councilor Edwards, the motion passed unanimously. The meeting adjourned at 9:25 pm.
A True Copy.
ATTEST________________________________
Joan Chabot, Town Clerk