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 9, 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

 

Absent

Councilor Perry

Councilor Vieira

Councilor Cook

 

Town Administrator Cotta, Solicitor Romano, Clerk Chabot and Deputy Clerk Veegh were also present.

 

***CONSIDERATION AND VOTE ON THE FOLLOWING PROCLAMATION***

Recognizing National Police Week May 15-21, 2022

Council President deMedeiros read aloud the Proclamation that recognized National Police Week, and honored the service and sacrifice of law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy.

Councilor Edwards motioned to approve the Proclamation, recognizing National Police Week May 15-21, 2022. Seconded by Councilor Janick, the motion passed unanimously.

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. April 25, 2022 – Regular Meeting (Councilors deMedeiros and Perry abstain, absent)
     2. April 25, 2022 – Executive Session (Councilors deMedeiros and Perry abstain, absent)

 

B.  Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Conservation Commission (1)

     2. Solar Ordinance Advisory Committee (1)
     3. Board of Canvassers (1)
     4. Harbor Commission (1)
     5. Town Farm Renovation Committee (1)

 

C. Acknowledge Receipt of Reports
     1. Jennifer Siciliano, Town Planner and Administrative Officer – Report of Activities of Planning

         Department and Planning Board for April 2022 and September 2021 to February 2022
     2. Conservation Commission – Annual Report for 2021

                D. DPW Director Rogers - Request Permission to submit RIPDES MS4 Annual Report to RIDEM

 

Councilor Burk removed B-1, B-3, B-4, B-5 and C-1 from the Consent Agenda.

 

Councilor Janick motioned to approve Consent Agenda items except for B-1, B-3, B-4, B-5 and C-1. Seconded by Councilor Edwards, the motion passed unanimously.

 

Re: items B-1 and B-4 (Conservation and Harbor Commissions’ minutes) Councilor Burk questioned if policy existed related to boards separately sending correspondence to elected officials. Administrator Cotta was not aware of a policy prohibiting it. Council President deMedeiros recalled previous instances where Boards had recommended and requested letters of support to elected officials.

Councilor Burk also queried the safety component of oil delivery trucks on Main Road, as mentioned in the Conservation Committees’ minutes. Administrator Cotta replied that federal law requires petroleum loads to have containment material in the event of a disaster and furthered that regional plans for dealing with spills were in place. He would get a copy of such plan(s) to the Conservation Chair. Councilor Burk asked about the referenced underground oil storage tanks. The Administrator believed there was a state registry requirement within the Department of Business Regulations. He would look into this and report back if further Council action would be necessary.   

 

Re: B-3, Councilor Burk commended the request for the Town Hall to be a registered address for the homeless. Clerk Chabot confirmed this was for voting purposes only. Re: B-5, Councilor Burk suggested a cohesive method to address fundraising. With respect to C-1, Councilor Burk questioned the mention of Ice House. It was clarified that was a concept plan for an ice rink development by Longplex owner Jim Long.

 

Councilor Burk motioned to approve Consent Agenda item B-1, B-3, B-4, B-5 and C-1. Seconded by Councilor Edwards, the motion passed unanimously.

 

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

                A. Comments received

                     1. Bonnie Burns

 

Council President deMedeiros read aloud Ms. Burns’ comment voicing her displeasure over Budget Committee member Joe Sousa’s political sign display.

 

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 4/25/2022)

 

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 May 23, 2022 meeting. Seconded by Councilor Edwards, the motion passed unanimously. 

 

                B. Approval of the proposed amendment to Tiverton Code of Ordinances Section 2-107 Casino Gaming

                     Revenue

After a brief recap of the amendment by Council Vice-President Burk, Council President deMedeiros opened the public hearing. No one presented to speak, therefore, the public hearing was closed.   

 

Councilor Burk motioned to approve the ordinance concerning the establishment of reserve accounts for the funds received from the state pursuant to RIGL 42-61.2-5 and 42-61.2-7 Casino Gaming Revenue and the use thereof. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Approval of the proposed amendment to Tiverton Code of Ordinances Section 78-71 Parking

                     Prohibited on Access Road, Industrial Way and Progress Road

 

Administrator Cotta explained the proposed parking restrictions were to address public safety concerns as well as mitigate potential emergency vehicle access issues.

 

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

 

Councilor Edwards motioned to approve the modification of Section 78-70 Parking Prohibited which the changes were on Industrial Way for the entire length and on Progress Road for the entire length. Seconded by Councilor Janick, the motion passed unanimously.

 

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

                     Beach Parking Pass Fees

 

Recreation Chair Gilfillen briefly detailed the proposed amendments which encompassed fee structures for residents and non-residents, the introduction of active duty/veterans free passes as well as RV passes (at Fogland only).

 

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

 

Councilor Edwards motioned to approve the amendment to Tiverton Code of Ordinances Section 2-1. Fees and fines, Beach Parking Pass Fees. Seconded by Councilor Burk, the motion passed unanimously. 

 

7. GENERAL BUSINESS

A. Town Administrator/Michael DeCotis – Discussion and possible vote to amend the previous vote on

     the use of funds from Tiverton Power contribution for Middle School Softball field renovations, in an

     amount not to exceed $12,000, as a result of School Committee action

 

Councilor Edwards motioned to reconsider the previous vote from April 25, 2022. Seconded by Councilor Janick, the motion passed 3-1, with Councilor Burk opposed.

 

Council President deMedeiros brought back the original motion to allocate the money with the stipulation that the Recreation Committee would schedule the field in the same manner that they work collaboratively with the School District at Pocasset. The motion failed 3-1, with Councilors deMedeiros, Janick and Edwards opposed.  

 

Councilor Burk motioned to provide the $12,000 to the school department for the purpose of the renovations and completion of the softball field at Tiverton Middle school. Seconded by Councilor Edwards, the motion passed unanimously. 

 

Council Vice President Burk suggested a fair and transparent policy be developed to address future organization fund requests from donation/award monies.

 

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

 

As Mr. Thompson was not present, it was decided to continue the item to the next meeting.

 

Councilor Burk motioned to continue the item until the May 23, 2022 meeting. Seconded by Councilor Janick, the motion passed unanimously. 

 

C. Councilor Edwards/Library Director Damiani – Discussion and possible vote to support/adopt a

     resolution requesting the State of Rhode Island fully fund grant-in-aid to public libraries

Councilor Edwards motioned to approve and submit the resolution as presented. Seconded by Councilor Janick, the motion passed unanimously. 

 

D. Town Administrator/ Harbor Commission – Discussion and possible vote to allow Harbor Commission

      to offer town residents the ability to use the municipal dock for a fee for dinghies (12 at $300 per

      dinghy per season)

After a brief discussion on potential operational rules and regulations, it was determined more information was needed. Clerk Chabot mentioned that an ordinance would need to be created for any associated fees. The item would be continued until the next meeting to allow the Administrator to review and redraft.      

 

Councilor Edwards motioned to continue the item until the May 23, 2022 meeting. Seconded by Councilor Burk, the motion passed unanimously. 

 

E. DPW Director Rogers – Discussion and possible votes on:
     1. Prohibiting acceptance of construction debris at Town Transfer Station as of July 1, 2022
     2. Prohibiting acceptance of yard waste at Town Transfer Station as of a date to be determined

 

Councilor Burk motioned to prohibit acceptance of construction debris at the Town Transfer Station as of July 1, 2022, and prohibiting the acceptance of yard waste at the Town Transfer Station as of October 31, 2022. Seconded by Councilor Edwards, the motion passed unanimously.    

 

F. DPW Director Rogers - Discussion and possible votes to award contracts as follows:
    1. Bituminous Concrete Paving – Award to T. Miozzi, LLC
    2. Washed Sand, Washed Stone, Bank Run Gravel, Screened Loam Crushed Stone and Dense Graded
           Stone – Award to L.B. Corp. dba Tiverton Materials
    3. High-Density Polyethylene Pipe (HDPE) – Award to Ferguson Waterworks
    4. Catch Basin Frames and Grates - Award to Ferguson Waterworks

    5. Daily Landfill Cover – Award to LAL Construction Co., Inc.

    6. Crack Sealing – Award to Sealcoating Inc. dba Indus

    7. Line Painting – Award to K5 Corporation

    8. Septic Tank Pumping – Award to ACME Sanitary Service       

    9. Onsite Wastewater Treatment System Inspections – Award to ACME Sanitary Service
    10. Roadside Grass and Brush Mowing – Award to Rich McGee & Son Excavating

 

Councilor Edwards motioned to approve the aforementioned contract awards. Seconded by Councilor Janick, the motion passed unanimously.

 

G. Brayton Woods stop sign request – Discussion and possible vote to advertise a public hearing on

    Tiverton Code of Ordinance Chapter 78 TRAFFIC AND VEHICLES Section 78-37 (f) regarding Lyne Road,

    No. Christopher Road and So. Christopher Road per the recommendation of the Tiverton Police

    Department

 

Councilor Janick motioned to advertise a public hearing on Tiverton Code of Ordinance Chapter 78 TRAFFIC AND VEHICLES Section 78-37 (f) regarding Lyne Road, No. Christopher Road and So. Christopher Road per the recommendation of the Tiverton Police Department.  Seconded by Councilor Edwards, the motion passed unanimously. 

 

                H. Town Administrator – Discussion and possible votes regarding ARPA Funds requests:

                     1. Historical Cemeteries Commission to acquire tripod to hoist grave markers – $3,000

                     2. Recreation Commission to replace AED equipment – $10,225.70

                     3. Recreation Commission to acquire outdoor fitness equipment for Phase 2 Town Farm Project –

         $65,037.70

     4. Information Technology for Town Hall in need of operational server – $25,915.05

     5. Overall project for Oshean Broadband installation at Tiverton Police Station – $109,359.40

 

Councilor Burk motioned to approve the aforementioned ARPA fund requests. Seconded by Councilor Janick, the motion passed unanimously.

 

I. Town Administrator – Discussion and possible vote to extend the Professional Services contract of

     Steere Engineering, Inc. for the period 5/1/2022 to 7/31/2022

 

Councilor Edwards motioned to extend the Professional Services contract of Steere Engineering, Inc. for the period 5/1/2022 to 7/31/2022. Seconded by Councilor Burk, the motion passed unanimously.                  

               

                J. Police Chief Jones – Discussion and possible vote to grant permission to apply for the Bureau of Justice

   Assistance 2022 Bulletproof Vest Partnership grant

 

Councilor Burk motioned to grant permission to apply for the Bureau of Justice Assistance 2022 Bulletproof Vest Partnership grant. Seconded by Councilor Edwards, the motion passed unanimously.

 

K. Discussion and possible votes regarding the renaming of Spruce Street, Maple Street, Highland Street,

    Hemlock Street and Beach Street, to review Planning Board’s recommendation, to set a public hearing

    date and to advertise same

 

Councilor Edwards motioned to advertise a public hearing for renaming Spruce Street, Maple Street, Highland Street, Hemlock Street and Beach Street. Seconded by Councilor Janick, the motion passed unanimously.

 

                L. 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

 

It was agreed to defer item L until after Executive Session. 

 

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

     Translation Services

 

As Councilor Cook was absent, it was decided to continue the item to the next meeting.

 

Councilor Edwards motioned to continue the item until the May 23, 2022 meeting. Seconded by Councilor Burk, the motion passed unanimously. 

 

8. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

 

                A. Town Clerk – Update on Financial Town Referendum

 

Clerk Chabot advised the Financial Town Hearing took place last Thursday without issue. Absentee voting will be at the Town Hall on May 19 and May 20 from 7 am to 8 pm and the Financial Town Referendum will be Saturday, May 21, at the Tiverton High School from 7 am to 8 pm.

 

                B. Town Solicitor – Update on case CA No: NC 2021-0188 Joel Bishop et al. v. Joan Chabot, Tiverton

                     Town Clerk

 

Solicitor Romano updated that in the case of Joel Bishop et al. v. Joan Chabot, Tiverton Town Clerk where the Town prevailed at the Superior Court level. That decision was appealed, however, by agreement that appeal had been dismissed.

 

9. CLOSED EXECUTIVE SESSION

                A. Town Administrator - 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Deputy

                     Police Chief James Costa – Notice Given

 

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

                     negotiations and arbitration IAFF

 

                C. 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

 

Councilor Edwards motioned to enter Executive Session for agenda items 9A, 9B and 9C. Councilor Burk 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 9:36 p.m.

 

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

 

Council President deMedeiros reported that no action was taken on Items 9A and 9C. For Item 9B, Council provided the Labor Attorney with action according to the law.

 

Councilor Edwards motioned to approve a salary increase for Deputy Police Chief James Costa, effective October 26, 2021, consistent with the approved FY22 budget. Councilor Janick seconded the motion. The motion passed unanimously.

 

10. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 9:39 p.m.

 

 

A True Copy.

 

ATTEST________________________________

                 Joan Chabot, Town Clerk