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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, April 25, 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
Councilor Perry
Council President deMedeiros
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. April 11, 2022 – Regular Meeting (Councilor Perry abstain, absent)
2. April 11, 2022 – Executive Session (Councilor Perry abstain, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Zoning Board of Review (2)
2. Zoning Board of Appeals (1)
3. Recreation and Beach (1)
4. Solar Ordinance Advisory Committee (3)
5. Dog Park Advisory Committee (2)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – March 2022 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Town of Coventry - Resolution in support of S-2341 and H-7834
2. Town of Hopkinton – Letter in opposition to H-6676
3. Town of Charlestown – Resolution in support of H-8055
4. Town of Burrillville – Condemning the Russian Invasion of Ukraine
5. Town of Burrillville – Resolution in opposition to Rhode Island 2022 Gun Control Legislation
6. Town of Burrillville – Resolution in opposition to S-2557 and H-7829
7. US Department of the Interior/Fish and Wildlife Service – Coastal Barrier Resources System
Hurricane Sandy Remapping Project report
Councilor Cook removed D-2.
Councilor Edwards motioned to approve Consent Agenda items except for D-2. Seconded by Councilor Vieira, the motion passed unanimously.
Re: D-2, Councilor Cook expressed strong opposition to H-6676 due to potential financial impact due to lost revenue as well as unfair shifting of the tax burden to residents. She proposed Council support a similar resolution in opposition. Councilor Janick was in agreement. Administrator Cotta added that net metering agreements/tax credits could be negatively affected as well. It was agreed to refer to the Assessor and Administrator for evaluation on potential impact and potentially draft similar resolution for consideration at the next meeting.
Councilor Edwards motioned to approve Consent Agenda item D-2. Seconded by Councilor Janick, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments received: None
Councilor Vieira motioned to move item 7-A ahead of item 6-A. Seconded by Councilor Edwards, the motion passed unanimously.
7. BOARD OF LICENSING – Discussion and possible vote
A. Charles Mulcahy, 65 Beech Avenue, Tiverton – Requesting Approval of Private Detective License
Renewal
Councilor Vieira motioned to approve the private detective license renewal for Charles Mulcahy. Seconded by Councilor Cook, the motion passed unanimously.
Councilor Vieira motioned to move item 8-A, B and C ahead of item 6-A. Seconded by Councilor Edwards, the motion passed unanimously.
8. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes
A. Historical Cemeteries Commission - (5) Member Board (3) Year Terms (1) Vacancy
1. Thomas L. Snell, 245 King Road - Requests re-appointment, term ending 4/15/2025
Councilor Edwards motioned to re-appoint Thomas L. Snell to the Historical Cemeteries Commission for a term ending 4/15/2025. Seconded by Councilor Janick, the motion passed unanimously.
B. Economic Development Commission - (5) Member Board (4) Year Terms (1) Vacancy
1. Christine A. Francis, 3842 Main Road - Requests appointment, term ending 7/15/2025
Councilor Janick motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Vieira, the motion passed unanimously.
Councilor Janick motioned to appoint Christine A. Francis to the Economic Development Commission, for a term ending 7/15/2025. Seconded by Councilor Vieira, the motion passed unanimously.
C. Open Space and Land Preservation Commission - (9) Member Board (3) Year Terms (1) Vacancy
1. James L. Spears, 494 West Demello Drive - Requests re-appointment, term ending 4/15/2025
Councilor Edwards motioned to re-appoint James L. Spears to the Open Space and Land Preservation Commission, for a term ending 4/15/2025. Seconded by Councilor Janick, the motion passed unanimously.
6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. 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) [cont. from 4/11/2022]
Council Vice President Burk asked if anyone from the public wished to speak. No one came forward and the public hearing was closed.
Councilor Cook motioned to approve the 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 the special event permit. Seconded by Councilor Janick, the motion passed unanimously.
B. 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
Due to illness, Ms. Wood had requested her item be continued until the next meeting.
Councilor Vieira motioned to continue the public hearing on the Arts and Artisan Festival item until the next meeting on May 9, 2022. Seconded by Councilor Edwards, the motion passed unanimously.
9. GENERAL BUSINESS
Councilor Vieira motioned to move item 9 – F, G, H and I ahead of item 9-A. Seconded by Councilor Edwards, the motion passed unanimously.
F. DPW Director Rogers - Discussion and possible vote to approve budget transfers
1. $12,000 from Acct. 5540-5101 DPW Maint Workers to Acct. 5540-6648 Minor Equip Replacements
2. $8,000 from Acct. 5540-5101 DPW Maint Workers to Acct. 5540-6698 Salt, Sand, Gravel
3. $9,000 from Acct. 5540-6451 Snow Removal to Acct. 5540-6698 Salt, Sand, Gravel
4. $13,590 from Acct. 5540-5101 DPW Maint Workers to Acct. 640-7850 Restr Cap- 2 used plow trks
5. $140 from Acct. 5130-5102 Staff Salaries AFSCME to Acct. 5130-6240 Uniform
Councilor Burk motioned to approve the aforementioned budget transfers. Seconded by Councilor Vieira, the motion passed unanimously.
G. DPW Director Rogers - Discussion and possible vote to approve an extension of the FY2020-2022
contract with Cintas Corporation for Uniform Rental, subject to no lower bids being received on
April 26, 2022
Councilor Cook motioned to approve an extension of the FY2020-2022 contract with Cintas Corporation for Uniform Rental, subject to no lower responsive bid being received on April 26, 2022. Seconded by Councilor Edwards, the motion passed unanimously.
H. DPW Director Rogers – Discussion and possible vote to grant DPW permission to hire Xtreme Grinding
to grind the yard waste at the Landfill, with a cost not to exceed $16,000
Councilor Cook motioned to grant DPW permission to hire Xtreme Grinding to grind the yard waste at the Landfill, with a cost not to exceed $16,000. Seconded by Councilor Vieira, the motion passed unanimously.
I. Discussion and possible vote to approve National Grid Joint Pole Petition – Cornell Road, poles 32,
32-84, 33, 34, 35, 36, and 36-84
Councilor Cook motioned to approve National Grid Joint Pole Petition – Cornell Road, poles 32, 32-84, 33, 34, 35, 36, and 36-84. Seconded by Councilor Vieira, the motion passed unanimously.
A. Michael Monti, Esq. for Vincent Vivona –Petition to abandon Patrick Avenue and a portion of
Harrington Avenue. Discussion and possible vote to refer to the Planning Department
Councilor Janick motioned to refer the aforementioned petition to abandon Patrick Avenue and a portion of
Harrington Avenue to the Planning Department for review and recommendation. Seconded by Councilor Edwards, the motion passed unanimously.
B. Bruce Thompson – Request for the Town to abandon an undeveloped portion of Chace Avenue.
Discussion and possible vote to refer to the Planning Department
Due to illness, Mr. Thompson had requested his item be continued until the next meeting.
C. Stuart Gilfillen/ Recreation – Discussion and possible vote on advertising public hearing for proposed
amendments 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
Councilor Vieira motioned to advertise a public hearing on the proposed changes to Section 78-61 Nonresidential parking penalties for violation of article and Section 78-85 Parking prohibited between 10:00 p.m. and sunrise, to be held on the June 13, 2022 meeting. Seconded by Councilor Edwards, the motion passed unanimously.
D. Town Administrator/Michael DeCotis – Discussion and possible vote to approve the use of funds
from Tiverton Power contribution for Middle School Softball field renovations, in an amount not to
exceed $12,000
Councilor Edwards motioned to approve an amount not to exceed $12,000 to be used for Middle School Softball field renovations using the Tiverton Power grant with the proviso that the Recreation Department assume control for scheduling and use in the same manner as is done currently with Pocasset. Seconded by Councilor Janick, the motion passed unanimously.
E. Councilor Cook – Discussion and possible vote on a resolution for a coastal buffer zone to allow for
aquaculture operations and minimize conflicting uses
1. Letter from Harbor Commission Chair Bruce Cox to Town Administrator re: Tiverton Conservation
Commission letter on Shoreline Setback for new aquaculture leases
2. Letter from Harbor Commission Chair Bruce Cox to Town Administrator re: Rhode Island Salt Water
Angler’s Association letter
Harbor and Coastal Waters Management Commission Chair Bruce Cox gave a thorough explanation of the accompanying letters on recommended 1000 feet minimum shoreline setbacks for new aquaculture leases as well as the Commissions’ recommendation that the Town adopt the position of the Rhode Island Salt Water Angler’s Association.
Councilor Cook motioned to move the resolution forward for the Town Council to accept to send to the said parties in this resolution. Seconded by Councilor Janick, the motion passed unanimously.
J. Discussion and possible vote to award contract for Pocasset Hill Cemetery Mowing/Maintenance and
Cemetery Operations to Jared Ramunno DBA Ramunno’s Landscaping
Councilor Vieira motioned to award the contract for Pocasset Hill Cemetery Mowing/Maintenance and Cemetery Operations to Jared Ramunno DBA Ramunno’s Landscaping. Seconded by Councilor Edwards, the motion passed unanimously.
K. Dog Park Advisory Committee – Discussion and possible vote to amend the Resolution 2021-01
Establishing an Advisory Dog Park Committee to reduce the seventeen (17) member committee
to eleven (11) members and to increase the term limit from one (1) year to two (2) years
Councilor Cook motioned to amend the Resolution 2021-01 establishing an Advisory Dog Park Committee to reduce the seventeen (17) member committee to eleven (11) members and to increase the term limit from one (1) year to two (2) years. Seconded by Councilor Edwards, the motion passed unanimously.
L. Discussion and possible vote to approve funds to advertise the proposed Planning Board Fee and
Escrow Schedule for Public Hearing on May 23, 2022
Councilor Cook motioned to advertise and schedule a public hearing for the proposed Planning Board Fee and
Escrow Schedule on May 23, 2022. Seconded by Councilor Edwards, the motion passed unanimously.
M. Councilor Burk - Discussion and possible vote to set a public hearing date on the proposed Charter
amendments for Personnel changes and the Personnel Board and to approve funds to advertise
public hearing
Councilor Edwards motioned to approve to move to a public hearing with a date to be determined by the Town Clerk. Seconded by Councilor Vieira, the motion passed 4-0-1, with Councilor Cook abstaining.
N. Town Administrator - Discussion and possible vote to approve a salary increase for Police Chief
Patrick Jones, effective December 14, 2021, consistent with the approved FY22 budget
Council Vice President Burk stated this agenda item would be taken after Executive Session.
O. Town Administrator - Discussion and possible vote to approve a salary increase for Deputy
Police Chief James Costa, effective October 26, 2021, consistent with the approved FY22 budget
Administrator Cotta requested agenda item 9-O be postponed to May 9, 2022, as Deputy Chief Costa was not available.
10. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS
A. Town Administrator/Town Clerk – Update on Financial Town Referendum
Administrator Cotta reported an issue with the Motor Vehicle tax totals due to a software issue that is impacting all cities or towns using the Vision System. The issue was discovered when Municipal Finance was reviewing the budget proposal submission. Budget documents have been updated. No impact to levy.
Clerk Chabot updated the council on the Financial Town Referendum.
There are no Elector Budget proposal petitions and no Elector Resolution petitions.
The Budget Committee budget proposal will be the only budget on the ballot.
The Financial Town Hearing will be on May 5, 2022, at the Tiverton High School at 7:00 PM.
Any Mail Ballot applications must be returned by May 6, 2022.
Absentee/Early Voting will be on May 19 and May 20 from 7:00 AM to 8:00 PM.
Financial Town Referendum will be on Saturday, May 21 at the Tiverton High School from 7:00 AM to 8:00 PM.
11. CLOSED EXECUTIVE SESSION
A. Town Administrator - 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Police Chief
Patrick Jones – Notice Given
B. Town Administrator - 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Deputy
Police Chief James Costa – Notice Given
C. Council President/Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IAFF
Local 1703 negotiations and arbitration
D. Town Administrator - RIGL 42-46-5(a)(5) – Discussion and possible vote on disposition of publicly held
property in the Tiverton Industrial Park; and request for legal conflict waiver
Administrator Cotta requested agenda item 11B be postponed to May 9, 2022, as Deputy Chief Costa was not available.
Councilor Edwards motioned to enter Executive Session for agenda items 11A, 11C and 11D. Councilor Vieira seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 8:51 p.m.
Council returned to open session at approximately 9:38 p.m.
Council Vice President Burk reported that the Council voted to approve the legal conflict waiver for agenda item 11D. Other agenda items 11A and 11C were discussed, no votes were taken.
Councilor Vieira motioned to seal the minutes of the Executive Session. Councilor Janick seconded the motion. The motion passed unanimously.
Councilor Vieira motioned to approve a salary increase for Police Chief Patrick Jones, effective December 14, 2021, consistent with the approved FY22 budget. Councilor Edwards seconded the motion. The motion passed unanimously.
12. ADJOURNMENT
Councilor Janick motioned to adjourn the meeting. Councilor Vieira seconded the motion. The motion unanimously passed. The meeting adjourned at 9:40 p.m.
A True Copy.
ATTEST________________________________
Joan Chabot, Town Clerk