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, November 14, 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

Council Councilor Janick
Councilor Edwards

Councilor Cook

Councilor Perry
Councilor Vieira

 

Town Administrator Cotta, Solicitor Marcello, Town 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. October 24, 2022 – Regular Meeting (Councilors deMedeiros and Perry abstain, absent)
     2. October 24, 2022 – Executive Session (Councilors deMedeiros and Perry abstain, absent)

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Litter Control Committee (1)
     2. Planning Board (9)
     3. Boards of Canvassers (2)    

     4. Recreation Commission (2)

     5. Open Space (2)

 

C. Acknowledge Receipt of Reports

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

     2. Police and Fire Department Overtime Reports – October 2022

 

D. Acknowledge Receipt of Correspondence

     1. Letter from AG Miranda re: unpaved portion of Captains Circle

     2. John Reed/Jon Kemp – letter re: Short-Term Rentals (STR)

     3. Christine & Tom Bandoni – letter re: Short Term Rentals (STR)

 

E. Approval of Tax Assessor Abatements – $434.96

 

F. Approval of License Renewals – Non-Advertised (December 1, 2022 to November 30, 2023)

                   Tobacco Dealers License Renewals
                   Victualling License Renewals
                   Holiday License Renewals
                   Antique License Renewals

Councilor Janick removed D-1, 2 & 3 and Councilor Burk removed B-1 and F from the Consent Agenda.

Councilor Perry motioned to approve Consent Agenda items except D-1, 2 & 3, B-1 and F. Seconded by Councilor Edwards, the motion passed unanimously.

Re: B-1, Councilor Burk raised concerns about the mention of excessive litter on the Dollar General store property. Administrator Cotta stated he would talk to them.  

Councilor Burk motioned to approve Consent Agenda item B-1 as referred to Town Administrator. Seconded by Councilor Edwards, the motion passed unanimously.

Re: D-1, Councilor Janick questioned the status of the issue related to the AG Miranda letter. Administrator Cotta explained there was an ownership dispute between MASS and RI and research was ongoing. If determined
the road is in RI, it would not be a priority as no Tiverton driveways exit onto the road. He furthered that DPW has corresponded with Mr. Miranda numerous times. Re: D-2 & D-3, Councilor Janick asked that the STR letters be included in the regular minutes. President deMedeiros responded all STR-related correspondence will be in the record.    

Councilor Janick motioned to approve Consent Agenda items D-1, D-2 & D-3. Seconded by Councilor Burk, the motion passed unanimously.

Re: F, Councilor Burk, acknowledging receiving noise complaints from neighbors, asked that Sakonnet River

Outfitters Holiday license be excluded from renewal. Council President deMedeiros added she had also received several similar complaints related to noise and hours of operation. Councilor Cook expressed disappointment that the rest of the council had not received this information. President deMedeiros assured her all correspondence would be given to the Clerk for distribution to all council members and she would table the item for the next meeting agenda.

 

Councilor Burk motioned to approve Consent Agenda item F, except Sakonnet River Outfitters Holiday license renewal tabled until the next meeting on November 28, 2022. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Cook opposed.  

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

                A. None

 

Councilor Burk motioned to move items 8-A, B, C and 9-A forward. Seconded by Councilor Edwards, the motion passed unanimously.

8. APPOINTMENTS – Discussion and possible votes

                A. Juvenile Hearing Board – (5) Member Board - (3) Year Terms - (2) Vacancies

                     1. Constance Fleckenstein, 55 Cottage Avenue - Request re-appointment to expire 10/15/2025

                     2. Eugene Raposa, 413 Hooper Street - Request re-appointment to expire 10/15/2025

 

Councilor Burk motioned to appoint Constance Fleckenstein and Eugene Raposa to the Juvenile Hearing Board, for terms ending 10/15/2025. Seconded by Councilor Perry, the motion passed unanimously.

 

                B. Harbor Management Commission – (9) Member Board - (2) Year Terms - (1) Vacancy

                     1. Robert (Chris) C. Pyne, 395 Highland Road - Request appointment to expire 7/15/2024
                     2. Dr. Marco Paolo Dirks, 4240 Main Road - Request appointment to expire 7/15/2024

 

Council consensus was the decision would be difficult, as both applicants seemed highly qualified, yet only one vacancy. Solicitor Marcello recommended a roll call vote.

 

Councilor Cook motioned to appoint Dr. Marco Paolo Dirks to the Harbor Management Commission, for a term ending 7/15/2024. Seconded by Councilor Burk.  

 

Councilor Perry motioned to appoint Robert (Chris) C. Pyne to the Harbor Management Commission, for a term ending 7/15/2024. Seconded by Councilor Vieira. 

 

Councilors Perry, Edwards and Vieira voted for Robert (Chris) C. Pyne and Councilors Cook, Janick, deMedeiros and Burk voted for Dr. Marco Paolo Dirks. The vote was 4-3, in favor of Dr. Marco Paolo Dirks.

 

                C. Planning Board - (9) Member Board - (3) Year Terms - (3) Vacancies

                     One (1) term expiring 7/15/2023, One (1) term expiring 7/15/2024, One (1) term expiring
                     7/15/2025
                     1. Peter N. Bramante, 3804 Main Road – Request re-appointment

                     2. Adam J. Rapoza, 31 Carpenter Street – Request re-appointment

                     3. Patricia Hilton, 99 Peaceful Way – Request appointment                                                    

 

Council interviewed all three applicants.

                                                                                                                            

Councilor Edwards motioned to appoint Adam J. Rapoza to the Planning Board, for a term ending 7/15/2023. Seconded by Councilor Janick, the motion passed 6-1, with Councilor Cook opposed.

 

Councilor Edwards motioned to appoint Patricia Hilton to the Planning Board, for a term ending 7/15/2024. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards motioned to appoint Peter N. Bramante to the Planning Board, for a term ending 7/15/2025. Seconded by Councilor Burk, the motion passed unanimously.

 

9. GENERAL BUSINESS

                A. Al Affonso/Countrywide Citizens Association – Discussion regarding maintenance issues at

                    Countryview Estates

Countryview Citizens Association’s treasurer Mike Carreiro and President Jane Rogers briefed Council about ongoing concerns with maintenance at Countryview Estates by Hometown America. They were asking for town assistance, via the Planning Board, to require Hometown America to better maintain and operate the park, in compliance with the maintenance requirements of Tiverton’s Zoning Code. Mr. Carreiro stated Hometown America collects $1.5 million dollars annually from homeowners with each homeowner paying around $6,000 per year. He added that requests for maintenance work on common property throughout the year are constantly ignored by senior officials at Hometown America.

It was agreed that a meeting would be set up with the Administrator, Building and Planning officials, Council President deMedeiros, Countryview Citizens Association representatives and a Hometown America official to address the matter. Councilor Cook provided a copy of Title 31 lease section, stating that Hometown America was violating Rhode Island law.     

Councilor Burk motioned to move item 9-B forward. Seconded by Councilor Edwards, the motion passed unanimously.

9. GENERAL BUSINESS

B. Deb Hagen/Harbor Commission – Discussion regarding a request to have Town Council assist with
                     recording of Harbor Commission meetings (follow up from 10/11/2022 meeting)

 

Administrator Cotta relayed that research was underway to facilitate the installation of camera systems to be used for all town hall meeting usage. 

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

                A. Four Corners Arts Center/Roslyn Weir, 28 East Road (Plat 706/Lot 111) aka 3850 Main Road –

                     Requests approval of Entertainment License – Subject to meeting all legal requirements

 

Council President deMedeiros advised Ms. Weir she should have provided an overview of what the building looks like and where things were to be set up. She also had concerns about shared parking. Ms. Weir stated the Meetinghouse had 12 spaces plus additional spaces on adjacent parcels, totaling 33 spaces. She said zoning code allows for parking on adjacent parcels. Ms. deMedeiros disagreed, adding a legal opinion on parking spaces, building schematics, and input from the Building and Fire officials as well as specific dates/times would be necessary. As the application was deemed incomplete, the request would be tabled. Administrator Cotta noted that two upcoming events had already been scheduled. Solicitor Marcello said the Clerk could grant those as special licenses.    

 

Councilor Burk motioned to continue the hearing until the next meeting on November 28, 2022. Seconded by Councilor Perry, the motion passed unanimously.

                B. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 42 Fire
                     Prevention and Protection, Article II Open Burning (continued from 10/24/2022)

 

Fire Chief Bailey commended the proposed amendment, recommending only minor changes. After continued discussion with Council, an agreement on final adjustments was reached.

 

President deMedeiros opened the public hearing. No one presented to speak, therefore the public hearing was closed.

 

Councilor Burk motioned to approve the Open Burning draft with the following amendments: Sec. 42-34 (7) amended to strike the first two sentences and Sec. 42-35, change to 25 feet. Seconded by Councilor Perry.

Councilor Edwards motioned to amend the previous motion to add the following amendments: Sec. 42-34 (A-1) amended to change April 1 to May 1 and to authorize Solicitor to make any non-substantive changes. Seconded by Councilor Janick, the motion passed unanimously.

The original motion, as amended, passed unanimously. 

 

                C. Approval of the proposed amendment to the Tiverton Code of Ordinances Appendix A Zoning,
                     Article XXIV Solar Energy Systems
                     1. Planning Board recommendation

 

President deMedeiros opened the public hearing. Historic Preservation Advisory Board Chair Sue Anderson voiced concern that the solar ordinance does not include guidelines for Tiverton’s historic buildings, noting Tiverton has been a preserve America Community since 2011. No others came forward to speak. The public hearing was closed.

 

Discussion continued relative to preserving historic buildings and what, if any, authority the Town had to mandate compliance. Solicitor Marcello stated that if Council wished to consider limiting solar panels in historic districts, proper language should be developed and brought back at a later date. Solar Ordinance Committee member Patricia Hilton explained that as Tiverton has no historic district zoning and federal designation is voluntary, there is no way to enforce it. Others spoke in support of the proposed solar ordinance. President deMedeiros thanked all members of the Solar Ordinance Committee and all others who contributed.

 

Councilor Edwards motioned to approve the proposed amendment to the Tiverton Code of Ordinances Appendix A Zoning, Article XXIV Solar Energy Systems. Seconded by Councilor Burk, the motion passed unanimously.

 

                D. Approval of the proposed amendment to the Tiverton Code of Ordinances Appendix A Zoning, Short
                     Term Rentals
                     1. Planning Board recommendation

President deMedeiros noted tonight’s hearing was to gather information only and expected no final decision to happen at this meeting. Administrator Cotta added that all of the written public comments received would be available for viewing on the town’s website.   

 

President deMedeiros opened the public hearing. Nearly two dozen audience members spoke, with most voicing strong objections to the proposal in its current form. Some audience members asked for information on STR complaints received.

 

After significant discussion, which included the suggestion of forming a special committee, the councilors agreed to take no immediate action.

 

Councilor Edwards motioned to continue the public hearing until December 12, 2022. Seconded by Councilor Vieira, the motion passed unanimously.

 

                E. Consideration of the petition to abandon Patrick Avenue and the portion of Harrington
                     Avenue located in Rhode Island (continued from 9/28/2022) – Petition withdrawn at the
                     request of the applicant

 

Vice President Burk confirmed the petition was withdrawn.

 

Councilor Perry motioned to close the public hearing. Seconded by Councilor Vieira, the motion passed unanimously. (President deMedeiros had stepped away) 

 

7. BOARD OF LICENSING– Discussion and possible vote

A. Vishal B Patel/Shlok Smoke LLC d/b/a Smoke Junction, 58 Main Road – Request approval for Tobacco Dealers License, subject to meeting all legal requirements

 

Councilor Edwards motioned to approve the Tobacco Dealers license for Vishal B Patel/Shlok Smoke LLC d/b/a Smoke Junction, subject to meeting all legal requirements. Seconded by Councilor Vieira, the motion passed unanimously.

 

B. Mohammed Zamecruddin/Adeeba Associates Inc d/b/a Daily Stop, 11 Hurst Lane – Request approval for Tobacco Dealers License, subject to meeting all legal requirements

 

Councilor Burk motioned to approve the Tobacco Dealers license for Mohammed Zamecruddin/Adeeba Associates Inc d/b/a Daily Stop, subject to meeting all legal requirements. Seconded by Councilor Vieira, the motion passed unanimously.

 

9. GENERAL BUSINESS

                C. Police Chief Jones – Discussion and possible vote to:

                     1.  Approve and accept grant for purchase and implementation of Body Worn Cameras (BWC)

                          program 

 

Councilor Perry motioned to approve and accept grant for purchase and implementation of Body Worn Cameras. Seconded by Councilor Vieira, the motion passed unanimously.

 

                     2. Include the acceptance of AXON as vendor to supply BWC

 

Councilor Perry motioned to approve AXON as the vendor to supply BWC. Seconded by Councilor Vieira, the motion passed unanimously.

 

                     3. Request permission to use department funds for the difference of $2,816.16 for Year 1

 

Councilor Perry motioned to allow the Police Chief to spend $2,816.16 for Year 1 out of department funds. Seconded by Councilor Vieira, the motion passed unanimously.

 

                D. Police Chief Jones – Discussion and possible vote to approve funding to advertise Bids for obsolete

                     vehicles from the Police Department and DPW

 

Councilor Edwards motioned to approve funding to advertise Bids for obsolete vehicles from the Police Department and DPW. Seconded by Councilor Vieira, the motion passed unanimously.

                E. Police Chief Jones – Discussion and possible vote to authorize grant application through Rhode

                    Island Police Accreditation Commission for $400.00

 

Councilor Vieira motioned to authorize the grant application through Rhode Island Police Accreditation Commission for $400.00. Seconded by Councilor Perry, the motion passed unanimously.

                F. Police Chief Jones – Discussion and possible vote to authorize USDA Rural Emergency Healthcare

                     Grant application in support of upgrades to our EMS dispatch center

Councilor Cook motioned to authorize the USDA Rural Emergency Healthcare Grant application in support of upgrades to our EMS dispatch center. Seconded by Councilor Perry, the motion passed unanimously.

 

                G. DPW Director Rogers – Discussion and possible vote to grant DPW permission to hire Xtreme

                     Grinding to grind the yard waste & stumps at the Landfill, with a cost not to exceed $12,900

 

Councilor Perry motioned to grant DPW permission to hire Xtreme Grinding to grind the yard waste & stumps at the Landfill, with a cost not to exceed $12,900. Seconded by Councilor Edward, the motion passed unanimously.

 

                H. Town Solicitor – Discussion and possible vote regarding litigation Case No. NC-2021-0201,

                      Northborough Realty Holdings, LLC v. Tiverton Zoning Board of Review Sitting as the Board of

                      Appeals, final approval of settlement

 

Councilor Burk motioned to authorize the solicitor to execute any necessary documentation regarding litigation Case No. NC-2021-0201, Northborough Realty Holdings, LLC v. Tiverton Zoning Board of Review Sitting as the Board of Appeals, for final approval of settlement. Seconded by Councilor Cook, the motion passed unanimously.

 

                I. Town Clerk – Election update, local ballot questions

               

Clerk Chabot notes election results can be found online. Results not yet certified. Provisional ballots went to Board of Elections today. Write-in sheets from Election Day and early voting as well as mail-in ballots have been sent in. Relevant to Tiverton are the write-in votes for Budget Committee and Town Sergeant. She added that according to the Board of Elections, with the possibility of recounts and an audit, the certification of the election would not happen before November 23, 2022.

 

10. EXECUTIVE SESSION

                A. Town Solicitor – RIGL-42-46-5(a)(2) Litigation:  LB Corp v. Town of Tiverton (NC 2021-0401) discussion,

                     review and potential vote on a proposed settlement of a tax appeal for property at 0 Fish Road, Plat

                     107/Lot 106 and potential grant of easement to plaintiff over town-owned property

 

Councilor Edwards motioned to enter Executive Session for agenda item 10A. Councilor Vieira seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 10:53 p.m.

Council returned to open session at approximately 11:02 p.m.

 

Councilor Perry motioned to seal the minutes of the Executive Session. Councilor Cook seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported that case update only, and no votes were taken in the executive session.

 

11. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Cook seconded the motion. The motion unanimously passed. The meeting adjourned at 11:03 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                         Joan B. Chabot, Town Clerk