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, July 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 President deMedeiros

Council Vice President Burk

Councilor Janick

Councilor Perry

Councilor Cook

Councilor Vieira

Council Edwards

 

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. July 11, 2022 – Regular Meeting (Councilors Vieira and Edwards abstain, absent)

 

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

     2. Solar Ordinance Advisory Committee (1)

     3. Historic Preservation Advisory Board (1)

     4. Dog Park Advisory Committee (2)

     5. Planning Board (3)
     6. Economic Development Commission (1)
     7. Solar Ordinance Advisory Committee (1)

 

C. Acknowledge Receipt of Reports
     1. Treasurer Saurette – Preliminary FY2022 update

 

D. Acknowledge Receipt of Correspondence
     1. Letter from Deborah Gee re: 24 Hour Seasons Gas Station & Convenience Store Proposal 
     2. Letter to Governor McKee re: Town Council request to veto H8220 Sub A
     3. Historic Preservation Advisory Board’s letter to Planning Board in opposition to proposed Four
          Seasons Markey/Gas Station
     4. Tiverton Historic Preservation Advisory Board's letter to Planning Board regarding demolition of
          the Hicks House at 439 Main Road

 

E. Approval of Tax Assessor Abatements – $ 538.76

 

F. Approval of Narragansett Electric/Verizon Joint Pole Petition for Pole 32-25 on Brayton Road for 405

    Brayton Road

 

G. Approval of Narragansett Electric Pole Petition for Poles 24, 25 and 26 on Progress Road for the
     purpose of supplying electricity to 356 Progress Road

 

Councilor Vieira removed A-1, Councilor Perry removed B-4, Councilor Edwards and Cook removed D-2, and Councilor Janick removed D-4 from the CA.

 

Councilor Perry motioned to approve Consent Agenda items except for A-1, B-4, D-2, and D-4. Seconded by Councilor Vieira, the motion passed unanimously.

 

Re: A-1, Councilor Vieira requested a minor typo to be corrected on page 4 of the July 11 council minutes.  

 

Councilor Vieira motioned to approve A-1 as amended. Seconded by Councilor Perry, the motion passed unanimously.

 

Re: B-4, Councilor Perry asked for clarification on the number of Dog Park membership seats.  

 

Councilor Perry motioned to approve B-4. Seconded by Councilor Vieira, the motion passed unanimously.

 

Re: D-2, Councilor Edwards and Cook each noted disappointment that Governor McKee neither vetoed nor
signed H8220 Sub A. 

 

Councilor Edwards motioned to approve D-2. Seconded by Councilor Perry, the motion passed unanimously.

 

Re: D-4, Councilor Janick expressed support for the Historic Preservation Advisory Boards’ letter regarding the
potential demolition of the Samuel J. Russell Hicks House, although said was unsure the council had authority
over the decision.

 

Councilor Janick motioned to approve D-4. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Vice President Burk requested a discussion-only agenda item be added prior to General Business. He noted it was related to a recent anti-Semitic Facebook post by a local restaurant. Solicitor Marcello advised the appropriate statute number RIGL 42-46-6(b) be used in the motion.  

 

Councilor Vieira motioned to add a discussion item regarding anti-Semitic comments prior to General Business in accordance with RIGL 42-46-6(b). Seconded by Councilor Edwards, the motion passed unanimously.

 

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

                A. Comments received: Two letters related to agenda item 8-E (petition to abandon Patrick Avenue
                    and a portion of Harrington Avenue) were received. Council Vice President Burk noted the vote
                    tonight was to schedule a public hearing only.

 

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

                A. Mark and Sharon Moore – Consideration of sound variance for a wedding at 4375 Main Road on
                    September 4, 2022, from 5:00 pm to 10:00 pm, and request approval of a special event permit
                    (continued from July 11, 2022)

 

Vice President Burk opened the public hearing. No one came forward to speak so the public hearing was closed.

 

Councilor Burk asked Sharon Moore if a conservation easement on the property allowed parking. She believed it did, but agreed to double-check with the Land Trust.

 

Councilor Perry motioned to approve the aforementioned sound variance, subject to all land trust & legal requirements. Seconded by Councilor Vieira, the motion passed unanimously.

 

Council President deMedeiros joined the meeting.

 

B. Discussion and possible votes on proposed Charter Amendments regarding modification of the town’s
     budget procedure and the Financial Town Referendum process, including various amendments
     related to the powers and duties of the Town Administrator, Town Clerk, Town Treasurer, School
     Committee and other related provisions as affected by the change in the budget/FTR process and a
     proposed amendment that would reduce the elected Budget Committee from eleven (11) to seven
     (7) members; and discussion and approval for adoption of final Ballot Questions to forward to Board
      of Canvassers

 

Council Vice President Burk stated the proposed changes would shift final budget approval to the town council. An elected budget committee, consisting of seven members, would become advisory to the council. A Financial Town Referendum (FTR) would happen only if there was a voter petition, and the alternative budget proposal signature requirement would increase from the current 50 signatures to 500. It would provide that resolutions normally within the budget be addressed through council ordinances. It also sets forth a budget development, approval process and timeline.

 

Vice President Burk opened the public hearing.

 

School Committee members Deborah Pallasch and Diane Farnworth, each spoke as private residents, giving detailed suggestions for consideration.

 

Ms. Pallasch commended the subcommittee and the council for their efforts to bring forth many important changes. She specifically agreed with the Town Council having final approval, that the hearing precedes the final budget, the increase in required signatures as well as no longer spending money on an FTR without an alternate budget. Some of her suggestions included adding language and references related to an unreserved general fund draw-down to the “Unified Budget” definitions, adding town treasurer involvement in conjunction with the town administrator for delivery of final Non-Property Tax Revenue estimates, as well as amending minimum unreserved general fund balance from current three percent (3%) to five percent (5%) with proposed incremental increases to seven percent (7%) in FY2025, and ten percent (10%) in FY2026 and thereafter.   

  

Ms. Farnworth also commended the subcommittee and the council for their efforts. Her suggestions included changing the name Article III – Financial Town Referendum to Annual Budget Process, removing a reference to motor vehicle tax (repealed by state), clarification on the Town Administrator’s responsibilities for the preparation of the unified budget, and what changes to submissions he is empowered to make, public hearing posting on the town website. She asked for clarification related to requirements for or prohibitions against line item changes. She also expressed disappointment that the budget committee wouldn’t be abolished altogether and asked the council to reconsider and revise the charter changes to include a sunset of the budget committee in November 2024.

 

Dr. Jerry Larkin asked for clarification on the budget submission process as it related to the school budget.

 

Council discussed and agreed, in concert with advice from the Solicitor, to schedule a special meeting on August 3, 2022 to discuss the suggestions brought forth at the public hearing.   

 

Vice President Burk closed the public hearing.

 

Councilor Vieira motioned to bring forward agenda item 7-B-2.  Seconded by Councilor Edwards, the motion passed unanimously.

 

7. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes

                B. Harbor and Coastal Waters - (9) Member Board (2) Year Terms (5) Vacancies

    1. Bruce Cox, 35 Sunset View Drive – Requests re-appointment, term ending 7/15/2024

    2. Clint Clemens, 451 Seapowet Avenue - Requests re-appointment, term ending 7/15/2024

    3. Bill Thompson, 362 Seapowet Avenue - Requests re-appointment, term ending 7/15/2024

    4. Paul A. Duarte, 17 South Avenue - Requests re-appointment, term ending 7/15/2024

 

Councilor Cook motioned to re-appoint Clint Clemens to the Harbor Commission with a term ending 7/15/2024.  Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Cook motioned to re-appoint Bill Thompson to the Harbor Commission with a term ending 7/15/2024.  Seconded by Councilor Janick, the motion passed 5-2, with Councilors Vieira and Perry opposed.  

 

Councilor Burk motioned to re-appoint Bruce Cox and Paul Duarte to the Harbor Commission with terms ending 7/15/2024.  Seconded by Councilor Vieira, the motion passed unanimously.

 

                A. Juvenile Hearing Board - (5) Members (2) Alternates, (3) Year Terms, (1) Alt. Vacancy

                   1. Sabrina McCarty, 75 Laura Street - Request appointment, term ending 10/15/2024

                       (cont. from 7/11/2022)

                                                                                                                            

Ms. McCarty did not show for two consecutive meetings, therefore her application would not be considered.

 

C. Zoning Board of Review - (7) Member Board (5) Year Terms (1) Vacancies

     1. John R. Jackson, 24 Bourne Avenue – Request re-appointment, term ending 7/15/2027

 

Councilor Perry motioned to re-appoint John R. Jackson to the Zoning Board of Review with a term ending 7/15/2027. 

 

Discussion ensued relative to appointments and re-appointments without members present for an interview. It was decided to table the remaining appointment requests until the next meeting. The Clerk will ask requestors to be present.    

 

Councilor Perry withdrew his motion.

Councilor Burk motioned to continue the matters of appointment for C, D and E until the next meeting. Seconded by Councilor Perry, the motion passed unanimously.

 

D. Zoning Board of Review - Alternate – Annual Appointment
                   1. Jennifer Hilton, 128 Church Pond Drive – Request re-appointment, term ending 7/15/2023

               

                E. Dog Park Advisory Committee - (11) Member Board (2) Year Terms (3) Vacancies

                   1. Shawn S. Cournoyer, 46 Joann Drive - Requests re-appointment, term ending 3/28/2024

                F. Acknowledgement of resignation/retirement:
                     1. Cynthia Isherwood from Budget Committee effective 6/28/2022
                     2. Barbara Pelletier from Economic Development Committee effective 7/14/2022

                     3. Marc Desrosiers from Pocasset Cemetery Commission effective 7/11/2022

 

It was noted that Mr. Desrosiers had never attended a meeting.

 

Councilor Perry motioned to accept the resignations of Cynthia Isherwood from the Budget Committee and Barbara Pelletier from the Economic Development Committee, with gratitude for their service.  Seconded by Councilor Perry, the motion passed unanimously.

 

Per a previous motion to add an item for discussion only per RIGL 42-46-6(b), Councilor Burk opened discussion related to a recent anti-Semitic Social Media post by a Tiverton restaurant. He related that he was horrified and outraged by the incident. He added he would likely add an agenda item for the next meeting for consideration by the Council to write a letter to the business.

 

8. GENERAL BUSINESS

A. Dana Coute/Recreation Committee – Tiverton Celebrates Parade update

Parade Committee members Dana Coute and Bob Sedoma updated Council on the upcoming Tiverton Celebrates Parade scheduled for 10 am on Saturday, July 30, 2022. in attendance were three of the Grand Marshalls, Sally Black, Councilor Joe Perry, and Patricia Curran, who was one of the founding members of the original parade. Dana thanked these members and others for their invaluable involvement and planning advice. She handed out Tiverton Celebrates t-shirts and others would be handed out to parade spectators on Main Road. Ms. Coute added that Mike Cordeiro had volunteered to have DJ music for the event. There would be police and fire department softball tournaments later in the day. Councilors Vieira and Perry thanked Dana Coute for her great efforts in organizing.     

 

B. Renee Jones/Economic Development Commission – Discussion and possible vote to use Discover
                   Newport grant for Middle Avenue gazebo roof repairs

 

Renee Jones gave a brief review of the nature of the request and affirmed the Economic Development had voted to recommend the Town use the $7500.00 in Discover Newport grant funds to replace the Middle Avenue gazebo roof. Renee added that there were volunteers willing to donate time and materials. Administrator Cotta stated he would have DPW Director Rogers assess and estimate repairs.

 

Councilor Perry motioned to approve the Discover Newport $7500.00 grant for Middle Avenue gazebo roof repairs and instruct the town administrator to work with the DPW Director to determine the extent of the work needed in an effort to return to the Council an RFP for advertisement. Seconded by Councilor Edwards, the motion passed unanimously. 

 

                C. DPW Director Rogers – Discussion and possible vote to award contract to A.J. Potter Jr & Sons Inc. for

    Bituminous Concrete Crusher Rental for FY23

 

Councilor Perry motioned to award contract to A.J. Potter Jr & Sons Inc. for Bituminous Concrete Crusher Rental for FY23. Seconded by Councilor Vieira, the motion passed unanimously. 

  

D. DPW Director Rogers – Discussion and possible vote to approve advertising Bids and/or

     RFPs for snow plowing and/or sanding services for FY23

Councilor Perry motioned to advertise Bids and/or RFPs for snow plowing and/or sanding services for FY23. Seconded by Councilor Vieira, the motion passed unanimously. 

 

E. Michael Monti, Esq. for Vincent Vivona – Petition to abandon Patrick Avenue and a portion of

     Harrington Avenue. Discussion and possible vote to advertise for a public hearing regarding possible
                    road abandonment

     1. Planning Board Recommendation

 

Attorney Monti, on behalf of Vincent Vivona, passed out plan copies and briefed the council on his client’s petition to abandon the paper roadways Patrick and Harrington Avenues. He noted the matter was the subject of a recent Planning Board hearing, where the abandonment of certain portions of Patrick and Harrington Avenues was recommended. He affirmed that abutters had been noticed of the petitioner’s plans. Although the request was for full abandonment of both streets, Mr. Monti clarified his client would be satisfied with the abandonment of only the portions abutting his property. 

 

Councilor Burk motioned to advertise for a public hearing regarding possible road abandonment of Patrick Avenue and the portion of Harrington Avenue located in RI, with a date to be set by the Clerk. Seconded by Councilor Vieira, the motion passed unanimously.   

 

F. Administrator Cotta – Discussion and possible vote to advertise RFP for Professional Consulting
                   Engineer for Planning Board

 

Administrator Cotta explained the need for engineering services in the Planning Office, Planning Board, Zoning Board, and Public Works as Steere Engineering had notified they will no longer be able to provide services to the Town.

 

Councilor Perry motioned to advertise RFP for Professional Consulting Engineer. Seconded by Councilor Edwards, the motion passed unanimously.

 

G. Administrator Cotta – Discussion and possible approval of Fire Department A/C purchase for
                   $4900.00

 

Administrator Cotta explained the Fire Department had improperly authorized a local vendor to install a mini split air conditioning system in the common areas at the North Tiverton Fire Station. The installation took place in May, using funds from the general maintenance account despite being a capital expense. He acknowledged that Council should have weighed in, however, he had not been notified until just recently.

 

Discussion ensued relative to the impropriety which included the failure to conduct an RFP as the expense was over $2500.00.

 

Councilor Perry motioned to approve Fire Department A/C purchase for $4900.00. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Burk opposed.

 

H. Council President deMedeiros – Scheduling of a special meeting in August regarding Casino Gaming

     Revenue

 

Councilor Burk motioned to schedule a special meeting on August 29, 2022, at 6 pm regarding casino gaming revenue. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Cook opposed.

 

9. CLOSED EXECUTIVE SESSION

                A. Town Administrator - RIGL 42-45-5(a)(1) – Personnel – Prospective candidate evaluation of
                    employment history, character and fitness regarding upcoming Fire Chief vacancy – Notice given

               

                B. Town Administrator - RIGL 42-46-5(a)(2) – Litigation – Update regarding 7/6/22 IAFF local 1703 –
                    wage compliant #2022-0233 Local 1703 Fire Fighters v. Town of Tiverton

 

                C. Town Administrator - RIGL 42-46-5(a)(2) – Collective Bargaining – Update on labor negotiation

                   Teamsters local 251

 

Councilor Perry motioned to enter Executive Session for agenda items 9-A, 9-B and 9-C. Councilor Edwards seconded the motion. The motion passed unanimously by roll call vote.

 

Council entered closed executive session at approximately 9:51 p.m.

Council returned to open session at approximately 10:39 p.m.

 

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

 

Solicitor Marcello reported that for items 9-A, 9-B, and 9-C no action was taken, discussion only.

 

10. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Seconded by Councilor Janick, the motion unanimously passed. The meeting adjourned at 10:40 p.m.

 

A True Copy.

 

ATTEST________________________________

                 Joan B. Chabot, Town Clerk