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, October 24, 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 Vice President Burk

Council Councilor Janick

Councilor Edwards
Councilor Cook

Councilor Perry

 

Absent
Councilor Perry
Council President deMedeiros

 

Town Administrator Cotta, Solicitor Marcello, Town 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

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 11, 2022 – Regular Meeting (Councilor Vieira abstains, absent)

    2. October 11, 2022 – Executive Session (Councilor Vieira abstains, absent)

 

B. Acknowledge Receipt of Reports

     1. Treasurer Saurette – September 2022 Budget and Revenue Reports

 

C. Acknowledge Receipt of Correspondence

     1. Letter from Brayton Woods HOA re: mitigating potential negative impacts to homeowners
          abutting Industrial Park development
     2. AG Miranda letter re: Bridal Way - To be referred to Administrator and Solicitor

     3. Town of Barrington – Resolution urging the Rhode Island General Assembly to recognize
          June 19, Juneteenth National Independence Day, as an official Rhode Island state holiday    

 

D. Approval of Tax Assessor Abatements – $810.50  

 

Councilor Janick motioned to approve Consent Agenda items. Seconded by Councilor Edwards, the motion passed unanimously.

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

                A. Gordon Craig/President, of Brayton Woods Owner’s Association, spoke related to his submitted letter detailing concerns about Northpoint’s large-scale warehouse/manufacturing development project and its effect on adjacent land parcels. He stated that several aspects of the proposed development conflicted with the Comprehensive Plan. Acknowledging Northpoint representatives have been professional, open, and communicative, he reiterated the plea for careful consideration by the town to ensure no negative impacts on abutters’ quality of life and property values.    

 

                B. Resident Sally Black expressed similar concern over the potential neighborhood impacts of Northpoint’s proposed development.

 

                C. Historic Preservation Advisory Board Chair Susan Anderson voiced concern about the future of the J. Russell Hicks home, 439 Main Road noting it as the oldest house north of Route 24. She detailed her historical research, estimating the age could be as early as 1735. Currently for sale, she reported the listing’s language advertises that it can be demolished against statements of the Planning Board, Preserve Rhode Island, and the Comprehensive Plan. She stated it needs to be kept alive using historic tax credits with a historic restoration contractor to preserve our historic character in the north part of town.              

 

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

                A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 42 Fire
                     Prevention and Protection, Article II Open Burning (continued from 10/11/2022)

 

Councilor Cook summarized her proposed changes that included amended definitions, permitting, burning of trash/construction debris, allowable burning times, and more. Solicitor Marcello recommended posting the revised amendment and continuing the hearing until the next meeting, to allow time for consultation with the new fire chief.

 

Council Vice President Burk opened the public hearing. No one presented to speak. He asked for a motion to continue the hearing until the next meeting.

 

Councilor Janick motioned to continue the hearing until the next meeting on November 14, 2022. Seconded by Councilor Cook, the motion passed unanimously.

 

                B. Aaron Bernardo/Punishment Striking Systems Boxing – Request special event permit for
                     amateur boxing event at Longplex Sports Center on November 12, 202 from 8-11 pm

 

The item had been withdrawn by the applicant.

7. APPOINTMENTS – Discussion and possible votes

                A. Tiverton Housing Authority – (5) Member Board - (5) Year Terms - (1) Vacancy

                     1. Sr. Michaelinda Plante, 99 Hancock - Request re-appointment to expire 10/15/2027

 

Sr. Michaelinda Plante was unable to attend an interview due to mobility issues. She has been on the Housing Authority for many years, holding the required resident position.  

Councilor Vieira motioned to waive the policy and proceed to the appointment. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Janick motioned to appoint Sr. Michaelinda Plante to the Tiverton Housing Authority, for a term ending 10/15/2027. Seconded by Councilor Vieira, the motion passed unanimously.

 

                B. 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

                     3. Nolan Robert Beattie, 10 Wildrose Drive - Request appointment to expire 10/15/2025

 

Councilor Vieira motioned to waive the policy and proceed to the appointment. Seconded by Councilor Cook.

 

Candidates were interviewed by Council. As there were three candidates vying for only two vacant seats, Council Vice President Burk suggested the appointment be continued to the next meeting on November 14, 2022, to allow time for adequate consideration.

 

The motion failed 2-3, with Councilors Burk, Edwards and Janick opposed.

 

The appointment was continued to the next meeting on November 14, 2022.

 

                C. Library Board of Trustees – (7) Member Board - (3) Year Terms - (3) Vacancies

                     1. Sanford Mantell, 80 Bud Way - Request re-appointment to expire 10/15/2025
                     2. Christine Ryan, 108 Driftwood Drive - Request re-appointment to expire 10/15/2025

 

Councilor Janick motioned to waive the policy and proceed to the appointment. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Vieira motioned to appoint Sanford Mantell to the Library Board of Trustees, for a term ending 10/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Janick motioned to appoint Christine Ryan to the Library Board of Trustees, for a term ending 10/15/2025. Seconded by Councilor Vieira, the motion passed unanimously.

                    

                D. 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

               

Both candidates were interviewed by Council. As there were more applicants than available seats, the policy to proceed to appointment could not be waived, therefore the item would be continued until the next meeting on November 14, 2022.

 

                E. Tax Assessment Board of Review – (3) Member Board - (3) Year Terms - (2) Vacancies

                     1. Carol A. Guimond, 37 Neck Road - Request re-appointment to expire 10/15/2025

 

Councilor Edwards motioned to waive the policy and proceed to the appointment. Seconded by Councilor Janick, the motion passed 4-0-1, with Councilor Vieira absent.

Councilor Cook motioned to appoint Carol A. Guimond to the Tax Assessment Board of Review, for a term ending 10/15/2025. Seconded by Councilor Janick, the motion passed 4-0-1, with Councilor Vieira absent.

 

                F. Planning Board - (9) Member Board - (3) Year Terms - (5) Vacancies

                     One (1) term expiring 7/15/2023, One (1) term expiring 7/15/2024, Three (3) terms expiring
                     7/15/2025
                     1. Stuart Hardy, 51 Summerfield Lane - Request re-appointment
                     2. Janice Gomes, 58 Massey Road - Request re-appointment

                     3. Peter N. Bramante, 3804 Main Road - Request re-appointment

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

 

Applicants Stuart Hardy and Janice Gomes were interviewed. As Peter Bramante and Adam Rapoza were not present, their requests would be considered at the next meeting. 

 

Councilor Vieira motioned to waive the policy and proceed to the appointment. Seconded by Councilor Cook, the motion passed unanimously.

 

Councilor Cook motioned to appoint Stuart Hardy and Janice Gomes to the Planning Board, for terms ending 7/15/2025. Seconded by Councilor Vieira, the motion passed unanimously.

 

8. GENERAL BUSINESS

                A. Discussion and possible vote to proclaim October 31 through November 4, 2022 as National
                     Veterans Small Business Week

Administrator Cotta explained the State Department of Veterans Affairs has requested all towns adopt this National Veterans Small Business Week Proclamation.

Councilor Edwards motioned to move the proclamation. Seconded by Councilor Janick, the motion passed unanimously.

                B. Alex Nimiroski – Discussion and possible vote to approve request to install medallions on
                     town maintained roads’ storm drains for Eagle Scout project

 

Alex Nimiroski explained his initiative to place medallions on town-maintained storm drains in an effort to discourage waste disposal into storm drains. He elaborated on many detrimental effects including human and animal infection, pollution and eco system disruption.     

 

Councilor Edwards motioned to approve the request to install medallions on town-maintained roads’ storm drains for the Eagle Scout project. Seconded by Councilor Vieira, the motion passed unanimously.

                C. Al Affonso/Countrywide Citizens Association – Maintenance issues at Countryview Estates

 

Mr. Affonso requested earlier in the day that his item be moved to the next meeting.

                D. NorthPoint Development – Discussion and possible vote regarding requests for:
                     1. Petition for Zoning amendment to expand Planned Development Park to include the
                          industrial zoned areas of Plat 109 - Lots 106, 107 and 108 and Plat 220 - Lots 101 and 102

 

                     2. Petition to abandon paper streets in the Tiverton Industrial Park pursuant to the P&S dated
                          June 23, 2022

 

Councilor Edwards motioned to refer Items D-1 and D-2 to the Planning Board. Seconded by Councilor Vieira, the motion passed unanimously.

                     3. Request for property tax stabilization agreement – authorization to allow Town
                          Administrator, with Tax Assessor, and legal counsel to explore and negotiate, subject to
                          Council approval  

Councilor Edwards motioned to authorize Town Administrator, with Tax Assessor, and legal counsel to explore and negotiate a tax stabilization agreement, subject to Council approval. Seconded by Councilor Vieira, the motion passed unanimously.

                     4. Amendment to P & S Agreement to include additional lots 705, 706 and 707 for sale by the
                          Town of Tiverton

Councilor Edwards motioned to amend P & S Agreement to include additional lots 705, 706 and 707 for sale by the Town of Tiverton, and let the Town Administrator, Council President or acting Council President execute the document. Seconded by Councilor Vieira, the motion passed unanimously.

                E. DPW Director Rogers – Discussion and possible vote regarding RIDOT request for Highland

                     Road/Bridgeport Road traffic pattern change

 

Councilor Cook motioned to approve RIDOT’s request for Highland Road/Bridgeport Road traffic pattern change. Seconded by Councilor Janick, the motion passed 4-0-1, with Councilor Vieira absent.

 

                F. DPW Director Rogers – Discussion and possible vote to renew contract for Specified
                     Recreational Facility and Turf Management Services for calendar year 2023

Councilor Janick motioned to approve the request to renew the contract for Specified Recreational Facility and Turf Management Services for calendar year 2023. Seconded by Councilor Cook, the motion passed 4-0-1, with Councilor Vieira absent.

 

                G. DPW Director Rogers – Discussion and possible vote on approval for PAYT Trash Bag Holiday
                     beginning Tuesday, December 27, 2022, ending Sunday, December 31, 2022, and to fund
                     advertisement of Trash Bag Holiday and Christmas Tree curbside pickup schedule

DPW Director Rogers noted a correction - ending date was a Saturday.

 

Councilor Edwards motioned to approve for PAYT Trash Bag Holiday beginning Tuesday, December 27, 2022, ending Saturday, December 31, 2022, and to fund the advertisement of Trash Bag Holiday and Christmas Tree curbside pickup schedule. Seconded by Councilor Vieira, the motion passed unanimously.

 

                H. DPW Director Rogers – Discussion and possible vote to approve spending approx. $16,000.00
                     to repair Morbark M12R chipper

 

Councilor Vieira motioned to approve spending approx. $16,000.00 to repair Morbark M12R chipper. Seconded by Councilor Edwards, the motion passed unanimously.

 

                I. DPW Director Rogers – Discussion and possible vote to approve spending approx. $25,000 to
                    repair 2008 International plow/dump truck

               

Councilor Vieira motioned to approve spending not to exceed $27,000 to repair 2008 International plow/dump truck from American Recovery funds unless the Administrator comes back with a different plan. Seconded by Councilor Edwards, the motion passed unanimously.

 

                J. Administrator Cotta – Discussion and possible vote to authorize DPW and Police to use casino
                    gaming funds to acquire specified items for $471,000 with expected USDA grant
                    reimbursement of $164,850

 

Councilor Edwards motioned to approve the request to use $471,000 of the current Casino Gaming funds (each item not to exceed the stated price) for the purchase of the trailer for $25,000, the skid steer & attachments for $95,000, the truck/plow/sander for $105,000, and the 4-way plows (three each at $22,000 each) for $66,000, with a DPW total of $291,00 and with Police Cruisers total of $180,000 for a grand total of $471,000, with an expected reimbursement of $164,850 from the USDA. Seconded by Councilor Janick, the motion passed 4-1, with Councilor Cook abstaining.

 

                K. Administrator Cotta - Discussion and possible vote to ratify the three-year contract with
                    Weston & Sampson Engineers, Inc for professional engineering and related services

 

Councilor Edwards motioned to ratify the three-year contract with Weston & Sampson Engineers, Inc for professional engineering and related services from November 1, 2022 thru November 1, 2025. Seconded by Councilor Vieira, the motion passed unanimously.

 

                L. Administrator Cotta - Discussion and possible vote to ratify contract for #2 heating oil to
                    Casey’s Oil & Propane

 

Councilor Cook motioned to ratify the contract for #2 heating oil to Casey’s Oil & Propane. Seconded by Councilor Edwards, the motion passed unanimously.

 

                M. Administrator Cotta – Discussion and possible vote to ratify three-year Fire Chief
                      employment contract with William S. Bailey III

Councilor Edwards motioned to ratify the three-year contract as presented for William S. Bailey III as new Fire Chief. Seconded by Councilor Janick, the motion passed 4-1, with Councilor Vieira opposed.

 

                N. Council Vice President Burk – Discussion and possible vote to develop an ordinance(s), or
                     modify an existing ordinance(s) to identify where the use of vaping products and/or the use
                     of marijuana (cannabis) products will or will not be permitted in public

 

Councilor Edwards motioned to direct the Solicitor to develop an ordinance(s) to identify where the use of vaping products and/or the use of marijuana (cannabis) products will or will not be permitted in public. Seconded by Councilor Janick, the motion passed unanimously.

 

                O. Discussion and possible vote to adopt Resolution No. 2022-0013 Green Economy Bonds

 

Councilor Edwards motioned to support the resolution to support the Green Economy Bonds. Seconded by Councilor Vieira, the motion passed 4-1, with Councilor Cook opposed.

 

9. EXECUTIVE SESSION

                A. Administrator Cotta - RIGL 42-46-5(a)(2) Collective Bargaining – Update on Teamsters Local
                     251 and AFSCME Local 2670A negotiations

 

                B. Council President deMedeiros – RIGL 42-46-5(a)(1) Personnel – Job Performance/Annual
                     Evaluation for Town Administrator Christopher Cotta – Notice given

 

                C. Solicitor Marcello – RIGL 42-46-5(a)(2) Litigation – General update on RI Interlocal Trust
                      litigation

 

Councilor Janick motioned to enter Executive Session for agenda items 9A, 9B and 9C. Councilor Vieira seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 10:00 p.m.

Council returned to open session at approximately 10:50 p.m.

 

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

 

Council Vice President Burk reported that no votes were taken in the executive session.

 

10. ADJOURNMENT

Councilor Vieira motioned to adjourn the meeting. Councilor Cook seconded the motion. The motion unanimously passed. The meeting adjourned at 10:51 p.m.

 

 

A True Copy.

 

 

ATTEST______________________________________

                         Joan B. Chabot, Town Clerk