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, May 23, 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

 

Absent

Councilor Perry

Councilor 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    

A. Approval of Town Council Minutes
     1. May 9, 2022 – Regular Meeting (Councilors Cook, Perry and Vieira abstain, absent)
     2. May 9, 2022 – Executive Session (Councilors Cook, Perry and Vieira abstain, absent)

 

B.  Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Board of Canvassers (1)

     2. Solar Ordinance Advisory Committee (2)
     3. Historical Cemeteries Commission (2)

     4. Recreation and Beach Commission (1)

     5. Parade Committee (1)

 

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – April 2022

     2. Town Administrator – Police and Fire Department Overtime Reports – April 2022

     3. Treasurer Saurette – April 2022 Budget and Revenue Reports

     4. 2021 Annual Reports from Pocasset Hill Cemetery Commission, Historical Cemeteries Commission

          and Economic Development Commission

D. Acknowledge Receipt of Correspondence

     1. Stu Gilfillen/Recreation Commission – Letter regarding Tiverton Local Pickleball Tournament on

         Sunday, July 17, 2022, from 8:00 AM to 5:00 PM (Rain date Sunday, July 24, 2022)
     2. Department of Environmental Management’s Freshwater Wetlands Program notice of application
          of Paul Faria of 295 Cherry Street, Fall River, MA requesting permission to alter freshwater
          wetlands in the Town of Tiverton

E. Approval of Tax Assessor Abatements - $ 68,061.67

 

Councilor Janick removed D-2 and E from the Consent Agenda.

 

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

 

Regarding pulled item D-2, Councilor Janick asked for clarification on the request by Paul Faria to alter freshwater wetlands. As to item E, Assessor Robert answered various questions she had related to the $68,000 in Land Trust exemptions.        

 

Councilor Burk motioned to approve Consent Agenda items D-2 and E. Seconded by Councilor Janick, the motion passed unanimously.

 

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

                A. Comments received

                     1. Owner – 315 State Avenue re: overgrown trees

 

Administrator Cotta advised the situation was resolved, noting all trees have been trimmed and cleared.   

 

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

                A.  Arts and Artisan Festival/Alyssa Wood - Approval of sound variance for Arts and Artisan Festival at
                    Mill Pond Shops @ Tiverton Four Corners, 3980 Main Road on July 16, 2022, from 10 am to 4 pm and
                    approval of Special Event permit (cont. from 5/9/2022)

 

As Ms. Wood was not present, it was decided to continue the item to the next meeting.

 

Councilor Burk motioned to continue the item until the June 13, 2022 meeting. Seconded by Councilor Edwards, the motion passed unanimously. 

 

                B. Approval of the proposed amendment to Tiverton Code of Ordinances Section 42-44. Fire pits on

                     Town-owned beaches

President deMedeiros opened the public hearing.

 

Fogland Point resident Susan Erstling expressed serious safety concerns over the proposed allowance of fire pits on Fogland Beach. She believed the risks of brushfires, human neglect and lack of monitoring greatly outweighed the benefit. Babak Bina, another Fogland Point resident who shared Ms. Erstling’s concerns about fire hazard risks, opposed the ordinance. He added the remote location would impact fire rescue times.  Mark Plympton, of Fogland Point, also opposed the proposed ordinance due to safety concerns.

 

To alleviate resident concerns, Recreation Chair Stu Gilfillen explained that the proposed amendment had been developed in conjunction with significant input from both fire and police departments. He added that new security camera systems were now in place, and indicated the police chief would continue to be part of the procedure and enforcement development.

 

Harbor Commission Chair Bruce Cox, shared the Commission’s recent consideration of the proposition and rendered unanimous opposition to fire pits on Fogland Beach. He added that absent downwind concerns, an alternative trial at Grinnell’s Beach may be feasible.

 

Council President deMedeiros closed the public hearing.

 

After further discussion by Council related to safety and logistics, no motion was made to further the matter.

 

                C. Approval of the proposed amendment to Tiverton Code of Ordinances Section 54-30. General rules

                   applicable to all recreation and open space areas.

 

Recreation Chair Stu Gilfillen explained the proposed rules resulted in part from residents’ complaints about access issues on Tiverton beaches due to competition from out-of-state visitors. The proposal would give Tiverton residents priority by prohibiting non-Tiverton residents from accessing the beach between sunrise and 8 a.m. and from 4 to 10 p.m. He acknowledged potential opposition by the windsurfing community to the afternoon time restriction.

 

Council President deMedeiros opened the public hearing.

 

Fogland beach area residents Babak Bina and Mark Plympton fully supported the proposed changes. They described illegal activities they have observed and spoke of frightening and in some cases life-threatening encounters they’ve had with visitors. Other noted nuisances included trespassing, alcohol consumption, illegal fireworks, littering, public indecency, and late-night bonfires. Mr. Bina said that despite police responsiveness, a long-term and permanent solution was needed. Both men supported the installation of an entrance gate and were willing to absorb the cost. Mr. Plympton added that a bathroom facility should be considered, as trespassers often go to the bathroom in his yard, or on nearby rocks.

 

Harbor Commission Chair Bruce Cox said the commission opposes any exclusivity limiting access to the waters for any citizens. Harbor Commission member Clint Clemens, addressing Council as a private citizen, said the proposed amendment was not the right solution to the problem, and potentially opened a “Pandora’s box” of enforcement. While acknowledging the importance of a sincere effort to address area residents’ concerns, he suggested “beefed up” enforcement of existing laws as a solution.

 

Tiverton resident Carl Ferreira, a member of the Fogland Windsurfers, said the group’s 340 members object strongly to the proposed amendment, particularly the exclusion of non-residents after 4 p.m. He submitted a 165 signature petition that objected to any entity commercial or otherwise whose actions restrict or hamper public access, recreational use or navigation of the Sakonnet River. Recognizing the concerns of area residents, Mr. Ferreira said camera installation and greater police presence should be implemented to curtail the outrageous and illegal activities. He furthered that discouraging people from coming to town was not sound business practice, and would impact small businesses that depend on busy summer months.

 

Recreation Commissioner Bob Sedoma spoke, noting that for the past two summers, he has routinely visited Fogland early each morning, often finding 20 to 30 cars entering before the arrival of the beach attendants. He said many are out-of-state vehicles and it is not unreasonable to assume their occupants arrive early to avoid the admission fee as well as reserve more spots for later arriving family members.

 

Police Chief Jones offered suggestions to address residents’ complaints, including camera installation at strategic locations as well as $35,000 from this year’s police budget to afford seasonal special officers to patrol the beach 12 hours a day during summer. While friendly to visitors, the officers will be able to issue citations and would serve as a deterrent to improper behavior.

 

After further discussion, the Councilors agreed to continue the public hearing on the proposed amendment to a future date.

 

Councilor Burk motioned to continue the public hearing to date undetermined for the proposed amendment to the Tiverton Code of Ordinances Section 54-30. General rules applicable to all recreation and open space areas. Seconded by Councilor Edwards, the motion passed unanimously.

 

                D. Approval of the proposed amendment to Tiverton Code of Ordinances Section 2-1. Fees and fines,

                    Planning Board Fee Schedule and Escrow Schedule

 

Administrator Cotta raised concerns about the current procedure related to escrow and applicant engineering fees. After further discussion with Planning Board member Rosemary Eva, it was decided the Administrator would review the matter further with Planning Board Chair Hardy and Ms. Eva.  

 

Council President deMedeiros opened the public hearing. As no one came forth to speak, the public hearing was closed.

 

Councilor Edwards motioned to approve the amendment to Tiverton Code of Ordinances Section 2-1. Fees and fines, Planning Board Fee Schedule. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Burk motioned to approve the amendment to Tiverton Code of Ordinances Section 2-1. Fees and fines, Planning Board Escrow Schedule. Seconded by Councilor Edwards, the motion passed unanimously.

 

                E. Discussion and possible vote on proposed Charter Amendments regarding Personnel changes and the

                    Personnel Board; and discussion and approval for adoption of final Ballot Questions to forward to

                    Board of Canvassers

 

Council Vice President Burk explained that the proposed charter changes are intended to provide flexibility in job qualification requirements for the Town Administrator and various Department Heads as well as streamline the hiring process for seasonal, temporary and appointed persons in an acting capacity.

 

Council President deMedeiros opened the public hearing.

 

Jim Camara, Chair of the Personnel Board, expressed disappointment that hiring practice changes were underway without the prior knowledge or involvement of the Personnel Board. He added that the diverse Board has always acted in an unbiased manner, in the best interest of the Town, utilizing consistent hiring practices that could be defended in court if necessary. Speaking on behalf of the entire Personnel Board, he stated they were opposed to that particular change. Concerning the second proposed change, Mr. Camara furthered that turnaround time issues related to seasonal hiring had also never been brought to his attention.

 

President deMedeiros replied that for many years, Administrators have complained about the constraints within the Charter relative to minimum qualifications that potentially limit otherwise good candidates.

 

President deMedeiros closed the public hearing.

 

Solicitor Marcello clarified that minimum education and experience requirements as well as non-discrimination clauses remained in the Charter and added that full and part-time hiring would continue to be handled by the Personnel Board.  

 

Regarding future policy changes with boards and commissions, Councilor Cook suggested that Chairs receive a courtesy notification.  

 

Councilor Burk motioned to approve the personnel changes related to Ballot Question 1 as written with the modification of adding the words “Town Administrator” before “Police Chief.”  Seconded by Councilor Janick, the motion passed 4-0-1, with Councilor Cook abstaining. 

 

Councilor Burk motioned to approve the amendments to the Charter related to Ballot Question 2, which relates to seasonal and acting employees. Seconded by Councilor Edwards, the motion passed 4-0-1, with Councilor Cook abstaining. 

 

7. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes

                A. Acknowledgement of resignation/retirement:
                      1. David Paull from Town Farm Renovation Committee, effective May 18, 2022

Councilor Burk motioned to acknowledge with thanks and regret the resignation of David Paull from the Town Farm Renovation Committee, effective May 18, 2022. Seconded by Councilor Edwards, the motion passed unanimously.

 

8. BOARD OF LICENSING

A. William R. Silvia, K9 Memorial Park – Requesting Special Event Permit for 2nd Annual K9 Memorial
     Park 5K Run/Walk Event – June 4, 2022, from 8 am - 1 pm. Start and finish at Boat House restaurant

 

Councilor Edwards motioned to approve Special Event Permit for the 2nd Annual K9 Memorial Park 5K Run/Walk Event on June 4, 2022, from 8 am - 1 pm. Seconded by Councilor Burk, the motion passed unanimously.

 

9. GENERAL BUSINESS

A. Bruce Thompson – Request for the Town to abandon an undeveloped portion of Chace Avenue.

    Discussion and possible vote to refer to the Planning Department

 

As Mr. Thompson was not present, it was decided to table the item indefinitely.

 

Councilor deMedeiros motioned to table the aforementioned request. Seconded by Councilor Burk, the motion passed unanimously.

 

B. Councilor Janick - Discussion and possible vote to appoint Town Council representatives to School
     Building Committee

 

Councilor Burk motioned to appoint Councilor Janick and Councilor Burk as the Town Council representatives to the School Building Committee. Seconded by Councilor Edwards, the motion passed unanimously. 

 

C. Town Administrator/Harbor Commission – Discussion and possible votes to:

     1. Harbor Commission Chair Bruce Cox – Request to start the process to amend Harbor Ordinances to
          allow for paid dinghy tie-ups at Stonebridge Abutment dock

 

Councilor Burk motioned to have the Town Solicitor work with the Harbor Commission to prepare an ordinance in proper form, as soon as possible. Seconded by Councilor Edwards, the motion passed unanimously. 

 

     2. Harbor Commission Chair Bruce Cox – RFP for engineering services to develop a “Marina Perimeter
          Permit” from CRMC related to Stonebridge abutment/dock area

 

Councilor Burk motioned to have the Town Solicitor work with the Harbor Commission on developing an RFP
for engineering services to develop a marina perimeter permit from CRMC related to the Stonebridge abutment dock area. Seconded by Councilor Edwards, the motion passed unanimously.

     3. Administrator Cotta – Dinghy dock rules and regulations

 

Councilor Burk motioned to approve the Dinghy Dock Rules and Regulations subject to the adoption of the Harbor ordinances to allow for paid dingy tie-ups. Seconded by Councilor Edwards, the motion passed unanimously. 

 

D. Stu Gilfillen/Recreation Commission – Discussion and possible vote regarding Recreations event:
     Truck-or-Treat event on October 29, 2022, at the Ranger School from 4:00-8:30 PM

 

Councilor Edwards motioned to approve Recreation’s Truck-or-Treat event on October 29, 2022, at the Ranger School from 4:00-8:30 PM. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Burk motioned to bring item 9-N ahead of 9-E. Seconded by Councilor Edwards, the motion passed unanimously.

 

N. Treasurer Saurette – Request approval to transfer Hillside Cemetery Perpetual Care Funds of $517.41

      to Hillside Cemetery Commission

 

Councilor Edwards motioned to approve the transfer of the Hillside Cemetery Perpetual Care Funds of $517.41 to Hillside Cemetery Commission. Seconded by Councilor Janick, the motion passed unanimously. 

 

                E. Councilor Cook – Discussion and possible vote on a Resolution in opposition to SB 2557 and HB 7829

     Translation Services (cont. from 5/9/2022)

 

Councilor Burk called attention to a typo on the House bill number in the second paragraph of the proposed resolution. Councilor Cook read aloud the proposed resolution. Councilors Burk and Janick voiced support for allowing translation services as both a moral and legal obligation. Councilor Burk suggested the potential Town burden would be minimal. Councilor Cook explained her objection was not to translation services in general, but rather to the unfunded state mandate.  

 

Councilor Edwards motioned to approve the Resolution in opposition to SB 2557 and HB 7829 Translation Services. Seconded by Councilor Cook, the motion failed, 3-2, with Councilors Burk, deMedeiros and Janick opposed.       

 

F. Councilor Cook – Update on results of the adoption of the Resolution for Coastal Buffer Zone to Allow

    for Aquaculture and Minimize Conflicting Uses; discussion and possible vote on a letter to support for
    House Bill 8244

 

Councilor Cook reported that amendments to the House Bill were underway and recommended a potential letter of support wait until the amended version was available.

 

Councilor Cook motioned to table item, seconded by Councilor Edwards.

 

Council Burk, cautioning that time was running out for action to happen and suggested the item be handled at the next meeting. Councilors Cook and Edwards withdrew the previous motion. Solicitor Marcello stated he would have a resolution for the next meeting.

 

G. Town Administrator – Discussion and possible votes regarding Recycling Center:
                    1. To relocate Recycling Center in the Industrial Park from lots 728, 729 and 730 to lots 813, 814, 815,
                        817 and 818
                    2. To approve Pare Engineering contract for the design and permitting for transfer station

 

Councilor Edward motioned to relocate Recycling Center in the Industrial Park from lots 728, 729 and 730 to lots 813, 814, 815, 817 and 818.  Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edward motioned to approve Pare Engineering contract for the design and permitting of the transfer station. Seconded by Councilor Janick, the motion passed unanimously.

 

H. Town Administrator – Discussion and possible vote to approve budget transfers
                    1. $8,000 from Acct 3310-6968 Medical Physicals to Acct 3310-7611 Fuel, Oil & Tires
                    2. $2,800 from Acct 3310-6923 Chief’s Con Ed Development to Acct 3310-7611 Fuel, Oil & Tires
                    3. $1,200 from Acct 3310-6443 Equipment Service Contracts to Acct 3310-7611 Fuel, Oil & Tires
                    4. $1,900 from Acct 3310-6912 Electric to Acct 3310-6935 Telephones
                    5. $2,000 from Acct 3310-6922 Educational Allowance to Acct 3310-6935 Telephones

      6. $3,355.71 from Acct 3330-5150 Sick Leave Buy Back to Acct 3330-6930 Radio
                    7. $5,300 from Acct 3330-5150 Sick Leave Buy Back to Acct 3330-6935 Telephone
                    8. $1,725 from Acct 3330-5150 Sick Leave Buy Back to Acct 3330-7199 Psychological Testing
                    9. $6,000 from Acct 3330-5150 Sick Leave Buy Back to Acct 3330-6648 Auto
                    10. $10,000 from Acct 3330-5120 Accreditation Stipend to Acct 3330-7611 Fuel

 

Councilor Edwards motioned to approve the budget transfer request items H1 through H10. Seconded by Councilor Burk, the motion passed unanimously.

 

I. Town Administrator – Update on known budget deficiencies and future resolution planning

 

Administrator Cotta explained that significant expense increases in fuel, telephone, radio and personnel moves have created fiscal difficulties. He warned that future budget transfer requests would be forthcoming to address the negative accounts.

               

J. Town Administrator – Discussion and possible vote to advertise the position of Town Planner/
    Administrative Officer due to resignation

 

Councilor Burk motioned to advertise the position of Town Planner/Administrative Officer. Seconded by Councilor Edwards, the motion passed unanimously.

 

K. Town Administrator – Discussion and possible vote to advertise the position of Fire Chief due to
                    future retirement

 

Councilor Burk motioned to advertise the position of Fire Chief. Seconded by Councilor Edwards, the motion passed unanimously.

 

L. Town Administrator – Discussion and possible vote to purchase Historic Site Markers using ARPA
                   funds

 

Councilor Burk motioned to approve the purchase of Historic Site Markers using ARPA funds for an amount not to exceed $12,000. Seconded by Councilor Edwards, the motion passed unanimously.

 

                M. Councilor Burk - Discussion and possible vote to work with Rep. Jay Edwards on enabling legislation
                     to authorize cities and towns to license short-term rentals

 

Councilor Burk motioned to allow Solicitor Marcello and Council Burk to work with Rep. Jay Edwards on enabling legislation to authorize cities and towns to license short-term rentals. Seconded by Councilor Edwards, the motion passed unanimously. 

 

10. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

                A. Town Clerk – Update on Financial Town Referendum

 

Regarding the Financial Town Referendum held on Saturday, May 21, 2022, Clerk Chabot reported that there were 81 total voters, including 12 mail ballots, 22 early voters, and 47 voters on Election Day, resulting in the Budget and all Resolutions being passed. She advised the certified budged docket will be posted to the website and results are posted in Town Hall. The total cost of the election was approximately $6500, which included advertising and staff salaries, food, ballot costs and poll workers.   

 

11. CLOSED EXECUTIVE SESSION

                A. Town Administrator - 42-46-5(a)(1) – Personnel - Job Performance for Planner Jennifer Siciliano –

                     Notice Given

 

                B. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IAFF Local 1703
                   negotiations and arbitration

 

                C. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on Teamsters Local 251
                   negotiations

 

                D. Town Administrator - RIGL 42-46-5(a)(5) – Discussion and possible vote on the disposition of publicly
                    held property in the Tiverton Industrial Park

 

                E. 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

 

Council President deMedeiros stated that item 11E would be held until the next meeting.

 

Councilor Burk motioned to enter Executive Session for agenda items 11A, 11B, 11C and 11D. Councilor Edwards seconded the motion. The motion passed unanimously by roll call vote.

 

Council entered closed executive session at approximately 10:41 p.m.

Council returned to open session at approximately 11:40 p.m.

 

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

 

Council President deMedeiros reported that a general update was provided for each of the items; no votes were taken, except to seal the minutes.

 

12. ADJOURNMENT

Councilor Janick motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 11:42 p.m.

 

A True Copy.

 

ATTEST________________________________

                 Joan Chabot, Town Clerk