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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, December 13, 2021 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 Cook | Council Edwards | Councilor Vieira |
Absent
Councilor Perry
Town Administrator Cotta, Solicitor Marcello and Clerk Chabot were also present.
TOWN COUNCIL FORMAL ACKNOWLEDGEMENT OF PROMOTIONS AND ADMINISTRATION OF OATH FOR:
Lieutenant Robert Gagnon promoted to Captain
Firefighter Jonathan Wicks promoted to Lieutenant
Prior to the recognition of the aforementioned promotions, Fire Chief Reimels chose to recognize five other members promoted in rank during the past two years, who, due to Covid restrictions, had not been properly recognized. Lieutenant Pete Manchester was promoted to Captain in August of 2019. In February 2020, three firefighters were promoted to the rank of Lieutenant - Chris Wells, Barry Morse and James Vaughan. On October 5th 2020, Firefighter Mike Ladusau was promoted to the rank of Lieutenant and Lieutenant Josh Ferreira was promoted to the rank of Captain.
Chief Reimels proceeded to recognize the promotions of Lieutenant Robert Gagnon to Captain and Firefighter Jonathan Wicks to Lieutenant. The Chief praised all of the members for their excellence in duty, character and professionalism, wishing each the best in their new roles. Council President deMedeiros administered the oaths for each.
Tiverton Power, LLC - Presentation of Civic Contribution
Mr. Ryan McMurray, General Manager of Tiverton Power, LLC, presented the Town Council with a check of $100,000 as a civic contribution to the town. He expressed gratitude for the partnership with the town as well as the support from the Fire and Police departments. Council President deMedeiros thanked Mr. McMurray and Tiverton Power, LLC for the contribution.
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. November 8, 2021 – Regular Session
2. November 8, 2021 – Executive Session
3. November 22, 2021 – Regular Session (Councilor Vieira abstains, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Cemetery Commission (1)
2. Open Space Commission (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – November 2021
2. Police and Fire Department Overtime Reports – November 2021
D. Acknowledge Receipt of Correspondence
1. Town of North Smithfield – Resolution Change to RIGL 16-7-40 (c) and (d) – Increased school
housing ratio
E. Approval of Tax Assessor Abatements - $6,040.27
F. Councilor deMedeiros – Approval of Bay Street Moratorium Extension to June 30, 2022
G. Approval of Town Council 2022 Meeting Calendar
H. Approval of License Renewals – Non-Advertised (December 1, 2021 to November 30, 2022)
Holiday License Renewal - Twin River - Tiverton LLC d/b/a Bally’s Casino & Hotel, 777 Casino Blvd.
Councilor Cook removed 4-A-1.
Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-A-1. Seconded by Councilor Janick, the motion passed unanimously.
Re: 4-A-1, Councilor Cook expressed concern about the lack of a Harbor Master report.
Ms. Cook asked to also discuss item 4-B-1, Cemetery Commission minutes, (item D-2), where members voted to pay $1600 to a Mr. Augustine for an (8) plots that he wished to return. She stated the reference to could not find actual costs paid but found other costs from that time frame was unacceptable and questioned why the accounting records were not available. Town Clerk Chabot explained the record goes back many years, She was not aware of anyone asking for those records, but offered to search for additional related information.
Councilor Burk motioned to approve 4-A-1. Seconded by Councilor Janick, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments received: None
6. PUBLIC HEARINGS (ADVERTISED)
A. Approval of proposed amendment to Tiverton Code of Ordinances – Chapter 14 BOATS AND
WATERWAYS, Sections 14-62 - Composition; primary duty and 14-63 - Representation of area
interests - Amendments to modify language regarding the Tiverton Harbor and Coastal Waters
Management Commission to be consistent with Tiverton’s Home Rule Charter.
Council President deMedeiros opened the public hearing and asked for comments from the public.
With no response, Council President deMedeiros closed the public hearing.
Councilor Vieira motioned to approve amendment to Tiverton Code of Ordinances – Chapter 14 BOATS AND WATERWAYS, Sections 14-62 - Composition; primary duty and 14-63 - Representation of area interests, to amend the ordinance to be consistent with the Charter. Seconded by Councilor Janick, the motion passed unanimously.
7. APPOINTMENTS AND RESIGNATIONS
A. Harbor Master – Annual Term expiring 12/31/2022
1. Tyler Loomis, 89 John Duggan Road – Requests Annual Re-Appointment with Harbor and Coastal
Waters Management Commission Recommendation
Councilor Edwards motioned to approve the re-appointment of Tyler Loomis as Harbormaster. Seconded by Councilor Vieira, the motion passed on a vote of 5-0-1, with Councilor Cook abstaining.
8. GENERAL BUSINESS
A. Garry Plunkett, Open Space Commission – Request to schedule public workshop re: development of a
master plan for future improvements to Fort Barton
Open Space Co-Chair Garry Plunkett gave a summary of maintenance issues from the Fort Barton Existing Conditions report (available online). He requested to have an Open Space workshop to develop a future improvements master plan. After discussion, Mr. Plunkett agreed to provide tentative workshop dates to the Town Administrator and Town Clerk for scheduling.
B. Renee Jones, Economic Development Commission – Review information regarding submission to RI
Commerce on grant for Tiverton Business Park feasibility study
EDC Chair Renee Jones explained the process she went through to gather information for the grant application. She reviewed with the town administrator and the grant application was submitted to RI Commerce on 12/7/2021. She thanked Connect Greater Newport for their assistance in completing the grant.
C. Councilor Edwards – Discussion and possible vote to create resolution for Renewable Energy
Ordinance Advisory Subcommittee
Councilor Edwards briefly reiterated his belief in the importance in establishing a working group subcommittee
comprised of interested and knowledgeable people, to advise in the creation of a new town ordinance for renewable energy sources that would also be included within the Comprehensive Plan.
Council President deMedeiros recommended the committee consist of two Council members, two Planning Board members, one Economic Development Commission member and four members from the general public. The Planner and Solicitor would be ex officio non-voting members. Solicitor Marcello would provide resolution with the information provided.
Councilors would like focus to be on solar only, not all renewables, needs to include timeline/end date and may need minor adjustment to Comprehensive Plan. The ordinance can be done first, taking into consideration the Comprehensive Plan. Target end date for the last council meeting in April – April 25, 2022.
Councilor Burk motioned for the solicitor to create resolution establishing a Solar Ordinance Working Group to write the solar ordinance and to advertise for general public members. Seconded by Councilor Edwards, the motion passed unanimously.
D. Councilor Cook – Discussion and possible vote regarding Two Rod Way
Councilor Cook related that the Harbor Commission would like a survey of Two Rod Way to find the true measurement of the road and would like signage to delineate the right-of-way (ROW). Administrator Cotta reported that he has contacted the Coastal Resources Management Council (CRMC). The town will need a maintenance assent from CRMC to do any work or install signs in the ROW. CRMC has more information regarding the ROW and will be providing to the town. Councilor Burk mentioned that the ROW is under the jurisdiction of the Recreation Commission, not the Harbor Commission, and request should be coming from that committee.
E. Town Administrator – Update regarding union contract negotiations
Administrator Cotta informed the Council that IAFF Local 1703 is seeking to begin negotiations for contract ending 6/30/2022. He noted the AFSCME and Teamster contracts are also ending 6/30/2022. He expects negotiations to begin in January. Council confirmed that Councilors deMedeiros, Cook and Edwards would continue to assist on the negotiations team.
F. Town Administrator – Update regarding Winterberry Woods on compliance with Homeowners
Association requirements
Administrator Cotta reported that the Homeowners Association has filed the necessary paperwork and is in compliance with requirements for a homeowner’s association.
G. Discussion and possible vote/s to rescind resolution establishing The Financial Town Referendum
(FTR) and Personnel Changes Advisory Committee adopted on May 10, 2021 and to establish formal
town council subcommittee to advise the full council
Councilor Burk motioned to rescind the resolution titled Establishing The Financial Town Referendum (FTR) and Personnel Changes Advisory Committee. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Burk motioned to establish a Town Council subcommittee which will advise the Town Council on potential changes to the charter regarding current operation and efficiency of the Financial Town Referendum, qualification requirements for mandated positions (Town Administrator, Director of Public Works, Police Chief, Fire Chief) and general personnel provisions set forth in Section 1007 (a) and (b) for hiring town employees, and provide recommendations to the Council accordingly; and the following individuals recommend be appointed to the committee, from the Council, Councilor Edwards, Councilor Burk and Council President deMedeiros, as ex-officio voting members Treasurer Saurette and Town Clerk Chabot and as ex-officio non-voting members Solicitor Marcello and Town Administrator Cotta. Seconded by Councilor Edwards, the motion passed with a vote of 5-1, Councilor Cook opposed.
H. Town Clerk – Discussion and possible vote on approval to advertise request for proposal regarding
precinct management consulting services, including revised precinct boundaries and updated street
indexes.
Councilor Vieira motioned to approve advertising request for proposal regarding precinct management consulting services, including revised precinct boundaries and updated street indexes. Seconded by Councilor Janick, the motion passed unanimously.
9. CLOSED EXECUTIVE SESSION
A. Council President deMedeiros – RIGL 42-46-5(a)(1) – Personnel - Job Performance for Town
Administrator Christopher Cotta – Notice given
Councilor Vieira motioned to enter executive session pursuant to RIGL 42-46-5(a)(1) – Personnel - Job Performance for Town Administrator Christopher Cotta – Notice given. Councilor Edwards seconded the motion, the motion passed unanimously.
Council entered closed executive session at approximately 8:45 p.m.
Council returned to open session at approximately 9:21 p.m.
Councilor Burk motioned to seal the minutes of Executive Session. Councilor Vieira seconded the motion. The motion passed unanimously.
Council President deMedeiros reported that no action was taken in executive session.
10. ADJOURNMENT
Councilor Vieira motioned to adjourn the meeting. Councilor Burk seconded the motion. The motion unanimously passed. The meeting adjourned at 9:22 p.m.
A True Copy.
ATTEST________________________________
Joan B. Chabot, Town Clerk