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, September 12, 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

Councilor Vieira

Councilor Janick
Councilor Edwards

Councilor Cook

Councilor Perry

 

Absent
Council Vice President Burk

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

BUSINESS BROUGHT BEFORE THE COUNCIL

Council President deMedeiros 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. August 22, 2022 – Regular Meeting (Councilor Vieira abstains, absent)

    2. August 29, 2022 – Special Meeting (Councilors Cook and Perry abstain, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Economic Development Commission (2)

     2. Board of Canvassers (2)

     3. Personnel Board (3)

 

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – August 2022

     2. Town Administrator – Police and Fire Department Overtime Reports – August 2022

 

D. Acknowledge Receipt of Correspondence       
     1. Newport Mental Health – thanks for civic appropriation

     2. Visiting Nurse H & H – thanks for civic appropriation
     3. Letter from Nancy Papagno re: Short Term Rentals (STR)

     4. Letter from Marisa Bartolucci re: Short Term Rentals (STR)

     5. Letter from A.G. Miranda re: repaving of portion of Captain’s Circle and state line location

     6. Claim for Overtime Compensation from Tiverton Firefighters, Local 1703 IAFF

 

E. Approval of Tax Assessor Abatements – $380.38

 

F. Approval of Narragansett Electric Pole Petition for Pole 1-50 on Bridle Way for the purpose
     of supplying electricity to A.P. 209, Lot 132

 

G. Approval of Bay Street Extension to December 31, 2022

 

Councilor Cook removed C-1, D-5 and G. and Councilor Janick removed D-3, D-4 and D-6 from the Consent Agenda.

Councilor Perry motioned to approve Consent Agenda items except for C-1, D-3, D-4, D-5, D-6 and G.   Seconded by Councilor Vieira, the motion passed unanimously.

Re: C-1, Councilor Cook asked for clarification around the tax collector’s notation on 2022 and prior year real estate delinquent notices. Re: D-5, Ms. Cook inquired about the paving matter, as presented by resident A.G. Miranda. Administrator Cotta confirmed that the DPW had been in contact with Fall River, who acknowledged that section was indeed in MA, although was not on a schedule for paving in the foreseeable future. A brief discussion clarified her questions related to item G, the Bay Street moratorium.  

Councilor Edwards motioned to approve Consent Agenda items C-1, D-5 and G.  Seconded by Councilor Janick, the motion passed unanimously.

Re: D-3 and D-4, (resident letters) concerned with the proposed $1000 STR registration fee, Councilor Janick acknowledged the fee could be exorbitant to many small dwelling STR owners. Re: D-6, Solicitor Marcello clarified this was merely a notice of claim.  

Councilor Perry motioned to approve Consent Agenda items D-3, D-4 and D-6. Seconded by Councilor Janick, the motion passed unanimously.

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

                A. Comments received:  Unaware that a related public hearing was upcoming, resident Nancy
                     Papagno opted to hold her comments until that hearing.    

 

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

                A. Community Policing Sgt. John Leduc/Tiverton Police Department – Consideration of a sound
                      variance for the Fourth Annual Child Safety Day at Grinnell’s Beach on Sunday, September
                      18, 2022, from noon to 4 PM

Council President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.

Councilor Perry motioned to approve the sound variance for the Fourth Annual Child Safety Day at Grinnell’s Beach on Sunday, September 18, 2022, from noon to 4 PM, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

                B. Alexandra Sanna - Consideration of sound variance for a wedding at 723 Seapowet Avenue
                     on September 24, 2022, from 6:30 pm to 10:30 pm, and request approval of a special event
                     permit

Council President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.

Councilor Janick motioned to approve the sound variance and special event for a wedding at 723 Seapowet Avenue  on September 24, 2022, from 6:30 pm to 10:30 pm. Seconded by Councilor Vieira, the motion passed unanimously.

                C. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 22
                     BUSINESSES, Article II – Farmer’s Market to allow a farmers’ market on town or school
                     department property regardless of the underlying zone with the permission of the town or     
                     school committee/school department as necessary

Council President deMedeiros explained her suggestion to incorporate additional language into the proposed amendment to cover other public property owned by the Land Trust. The previously used Pardon Gray Preserve location would technically not fall under the ‘town or school department property’ designation only.      

Councilor deMedeiros motioned to amend Sec. 22-8 (a), to add at the end [, on property owned or managed by the Tiverton Land Trust with their permission]. Seconded by Councilor Edwards, the motion passed unanimously.

Council President deMedeiros opened the public hearing. No one came forward to speak. The public hearing was closed.

Councilor Edwards motioned to approve the proposed amendments to the Tiverton Code of Ordinances Chapter 22 BUSINESSES, Article II. Seconded by Councilor Perry, the motion passed unanimously.

7. BOARD OF LICENSING – Discussion and possible votes

A. Meredith Brower/Tiverton Farmers Market - Harvest Market on Sunday, October 16, 2022,
                     from 12 PM to 4 PM at Pardon Gray Preserve, 3460 Main Road – Request approval of a
                     special event permit, subject to meeting all legal requirements

 

Councilor Vieira motioned to approve the special event permit, subject to meeting all legal requirements to Meredith Brower/Tiverton Farmers Market - Harvest Market on Sunday, October 16, 2022, from 12 PM to 4 PM at Pardon Gray Preserve Seconded by Councilor Perry, the motion passed unanimously.

8. APPOINTMENTS AND RESIGNATIONS – Discussion and possible votes

                A. Cemetery Commission - (5) Member Board (3) Year Terms (1) Vacancy

                     1. Maureen Sylvia, 772 Stafford Road – Request appointment, term ending 4/15/2024

 

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

 

Councilor Janick motioned to appoint Maureen Sylvia to the Cemetery Commission, for a term ending 4/15/2024. Seconded by Councilor Edwards, the motion passed unanimously.

 

                B. Historic Preservation Advisory Board - (5) Member Board (3) Year Terms (1) Vacancy

                     1. Jeff Gau, 56 Blackbird Street - Request appointment, term ending 10/15/2024

 

Mr. Gay noted his name was spelled incorrectly (Gau) on his application.

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

Councilor Cook motioned to appoint Jeff Gay to the Historic Preservation Advisory Board, for a term ending 10/15/2024. Seconded by Councilor Perry, the motion passed unanimously.

                C. Acknowledgement of resignation:

                     1. Christopher Borden from Board of Canvassers effective 6/27/2022

Councilor Vieira motioned to accept the resignation of Phyllis Ibbotson from the Harbor Commission with regret and thanks. Seconded by Councilor Janick, the motion passed unanimously.

9. GENERAL BUSINESS

                A. Acting Fire Chief Committo – Discussion and possible vote to authorize grant application to
                     the Rhode Island Department of Transportation Office of Highway Safety for “Jaws of Life”
                     replacement

Councilor Edwards motioned to approve the aforementioned grant application. Seconded by Councilor Perry, the motion passed unanimously.

                B. Superintendent Sanchioni/School Department

                     1. Update on previous capital allocation from FY21 Casino Gaming Funds as approved in FY22

                     2. Review of current capital request for FY22 Casino Gaming Funds allocation

                     3. Letter of Intent/SBA Stage I of Necessity of School Construction – discussion and possible
                          vote

 

Superintendent Sanchioni briefed Council on the status of earmarked projects related to the last years $2,000,000 capital needs allocation. He remarked that only the high school bathrooms renovations remained and were expected to start next month. He added that final costs were a little under budget, and generated a hefty RIDE reimbursement of $767,935. He had provided an additional document that illustrated the potential for future reimbursement based on additional capital requests. Dr. Sanchioni explained the requested Letter of Intent/Stage I merely indicates a need and does not identify money or projects.   

Councilor Perry motioned to approve the SBA Stage I of Necessity of School Construction Letter of Intent. Seconded by Councilor Edwards, the motion passed 5-1, with Councilor Cook abstaining.

 

                C. Town Administrator – Discussion and possible vote on acceptance of FEMA Assistance to
                     Firefighters Grant (AFG) award of $339,546.66 for radio systems requested

Administrator Cotta briefly explained the Assistance to Firefighters Grant (AFG) award of $356,524 would update the radio communication systems for the at least next 25 years. He noted that ARPA funds could be used to fund the 5% match obligation.

 

Councilor Edwards motioned to approve acceptance of FEMA Assistance to Firefighters Grant (AFG) award of $339,546.66 for radio systems. Seconded by Councilor Perry, the motion passed unanimously.

                D. Town Administrator – Discussion and possible vote to proceed with USDA grant application
                     for Police and Public Works vehicles

 

Administrator Cotta explained that Police Chief Jones managed to identify potential USDA grant funds that would cover three police vehicles as well as the DPW capital request for snow vehicles, plows, skid steer and trailer. 

Councilor Edwards motioned to approve USDA grant application for Police and Public Works vehicles. Seconded by Councilor Perry, the motion passed 5-1, with Councilor Cook abstaining.

                E. Town Administrator – Discussion and possible vote to authorize Request for Information from
                     local vendors to perform accident repairs after a vehicle accident

 

Administrator Cotta explained the intention was to create a list of qualified local vendors to perform
vehicle repairs when necessary.

 

Councilor Perry motioned authorize the aforementioned Request for Information. Seconded by Councilor Janick, the motion passed unanimously.

                F. Cemetery Commission – Discussion and possible vote to approve the Commission’s
                     amendments to Cemetery Handbook Rules and Regulations

Councilor Perry motioned to approve the Commission’s amendments to Cemetery Handbook Rules and Regulations. Seconded by Councilor Janick, the motion passed unanimously.

                G. Town Administrator – Discussion and possible vote to authorize contract change and
                      retroactive salary adjustment for Senior Center Director Janet Holmes of 2% for 1/17/2021 to
                      1/16/2022 and current salary increase of 2.5% from 1/17/2022 thru 1/16/2023

As Senior Center Director Janet Holmes was away on vacation, Administrator Cotta suggested that item 9-G and corresponding Executive Session item 11-A should be continued until the next meeting on September 28.

Councilor Vieira motioned to continue items 9-G and 11-A to the next meeting. Seconded by Councilor Perry, the motion passed unanimously.

 

10. ANNOUNCEMENTS

                A. Town Clerk – Update on September 13, 2022, Primary Election process

 

Deputy Clerk Veegh remarked that early voting ended today at 4 PM and the Statewide Primary Election is tomorrow September 13th with polls opening at 7 AM and closing at 8PM.

 

11. EXECUTIVE SESSION

                A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation
                     for Senior Center Director Janet Holmes – Notice given

 

                B. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on Teamsters Local
                     251  negotiations

 

                C. Town Solicitor – RIGL 42-46-5(a)(2) Litigation: 21 Riverside LLC v. Town of Tiverton (NC-2022-
                     0100) discussion, review and potential vote to approve a settlement of a tax appeal for
                     property located at 21 Riverside Drive, (Plat 303, Lot 104)

 

                D. Town Solicitor – RIGL-42-46-5(a)(2) Litigation:  LB Corp v. Town of Tiverton (NC 2021-0401)
                     discussion, review and potential vote on a proposed settlement of a tax appeal for property
                     at 0 Fish Road, Plat 107/Lot 106 and potential grant of easement to plaintiff over town-owned property

 

Councilor Perry motioned to enter Executive Session for agenda items 11-A, B, C and D. Councilor Vieira seconded the motion. The motion passed unanimously by roll call vote.

 

Council entered closed executive session at approximately 8:21 p.m.

Council returned to open session at approximately 9:02 p.m.

 

 

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

 

Solicitor Marcello reported that for item 11-B no action was taken. For 11-C and 11-D, votes were taken but the disclosure of any such votes taken in executive session at this time would be detrimental to the interests of the town and therefore they will not be disclosed at this time.

 

12. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 9:05 p.m.

 

A True Copy.

 

ATTEST______________________________________

                         Jean Marie Veegh, Deputy Town Clerk