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, June 12, 2023, 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

Vice President Michael S. Burk	Jay P. Edwards	Joseph C. Perry
Deborah G. Janick	John G. Edwards V	Dennis J. Milbourne

 

Absent
President Denise M. deMedeiros                                             

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

 

BUSINESS BROUGHT BEFORE THE 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. May 13 – Special Meeting (Councilors Milbourne & Perry abstain, absent)

     2. May 22 – Regular Meeting (Councilors Milbourne & Perry abstain, absent)
     3. May 22 – Executive Session (Councilors Milbourne & Perry abstain, absent)
     4. June 5 – Special Meeting (Councilor Milbourne abstains, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Board of Canvassers (1)
     2. Personnel Board (4)
 

C. Acknowledge Receipt of Correspondence

     1. Town of Warren – Resolution in Support of Legislation Authorizing Financing for School
          Construction and/or Renovation

 

D. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – April and May 2023

     2. Town Administrator – Police and Fire Department Overtime Reports – May 2023

     3. Personnel Board – 2022 Annual Report

 

E. DPW Director Rogers – Request Permission to submit RIPDES MS4 2022 Annual Report to RIDEM

 

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

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

                A. Comments: Resident Jamie French suggested consideration of zoning changes to prevent crematoriums as well as potential for new cemeteries if necessary. 

 

Vice President Burk asked for a motion to bring forward items 8-L and 8-M.

 

Councilor Edwards V motioned to bring forward items 8-L and 8-M. Seconded by Councilor Edwards, the motion passed unanimously.

L. Discussion and possible vote to amend Resolution 2023-0002 Establishing Public Safety Complex

    Committee to extend due date for committee report to December 31, 2023

 

Councilor Edwards V motioned to amend Resolution 2023-0002 Establishing Public Safety Complex Committee to extend the due date for the committee report to December 31, 2023. Seconded by Councilor Edwards, the motion passed unanimously.

M. Discussion and possible vote to amend Resolution 2023-0005 Establishing Tiverton North End and

      Industrial/Business Park Subcommittee of the Tiverton Economic Development Commission to
      extend due dates for subcommittee report and for EDC recommendation

 

Councilor Edwards V motioned to amend the subcommittee report due date to 2/1/2024. Seconded by Councilor Janick, the motion passed unanimously.

Councilor Edwards V motioned to amend the EDC recommendation due date to 4/1/2024. Seconded by Councilor Edwards, the motion passed unanimously.

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgement of resignation:

                     1. Bobby J. Harris from Board of Canvassers effective 6/6/2023

 

Councilor Edwards V motioned to accept Mr. Harris’ resignation with regret and thanks for his service. Seconded by Councilor Janick, the motion passed unanimously.

                B. Zoning Revision Committee - (2) Member Board (2) Year Terms (2) Vacancies
                     1. Susan Anderson, 1137 Main Road - Requests appointment, term ending 5/7/2025

                                                                                                                           

Council briefly interviewed Ms. Anderson. Council will hold appointments until the next meeting to see if others apply.

               

                C. Zoning Revision Committee - Appointment of Planning Board recommended member (1)

                     1. Patricia Hilton, 99 Peaceful Way- Requests appointment, term ending 5/7/2025

 

Councilor Edwards V motioned to appoint Patricia Hilton to the Zoning Revision Committee as Planning Board recommended member with a term ending 5/7/2025. Seconded by Councilor Janick, the motion passed unanimously.

 

                D. Conservation Commission - (7) Member Board (3) Year Terms (3) Vacancies    

                      1. Thomas Ramotowski, 17 Beaudoin Road - Requests re-appointment, term ending 4/15/2026

 

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

 

Councilor Edwards V Burk motioned to appoint Thomas Ramotowski to the Conservation Commission. Seconded by Councilor Edwards, the motion passed unanimously.

 

                E. Budget Committee - (7) Member Board - (4) Year Terms - (1) Vacancy
                     1. Brendan J. Andrade, 111 Ash Avenue – Requests appointment to 11/2/2026 

 

As Mr. Andrade was not available, the item was tabled to the next meeting.

 

Councilor Edwards motioned to move the item to the next agenda. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                F. North End and Industrial/Business Park Advisory Subcommittee - (4) Member Board (4) Vacancies        

                     1. Jamie Robin French, 48 Craig Avenue - Requests appointment, term ending 11/1/2023
                     2. Cheryl Valentine, 58 North Christopher Avenue - Requests appointment, term ending 11/1/2023
                     3. Brian E. Gough, 210 Kaufman Road - Requests appointment, term ending 11/1/2023
                     4. Andrea L. Souza, 177 Hilton Street, #2 - Requests appointment, term ending 11/1/2023
                     5. Anne Lawton, 155 Kearns Avenue - Requests appointment, term ending 11/1/2023
                    6. Sharon Kurose, 10 Starlit Road - Requests appointment, term ending 11/1/2023

 

Vice President Burk reminded the committee expiration date had been amended earlier in the meeting to 4/1/2024, therefore term expiration dates should match.

 

As Ms. Kurose was unable to attend tonight’s meeting, it was agreed to interview her and vote on appointments at the next meeting.

 

Councilor Edwards V motioned to move the item to the next agenda and also change the term expiration dates to 4/1/2024. Seconded by Councilor Edwards, the motion passed unanimously.

               

                G. North End and Industrial/Business Park Advisory Subcommittee – Appointment of Planning Board
                     recommended member (1)

                     1. Stuart Hardy, 51 Summerfield Lane – Requests appointment, term ending 11/1/2023

 

Councilor Edwards V motioned to waive policy and appoint Stuart Hardy to the North End and Industrial/Business Park Advisory Subcommittee as Planning Board recommended member with a term ending 4/1/2024. Seconded by Councilor Janick, the motion passed unanimously.

 

                H. North End and Industrial/Business Park Advisory Subcommittee – Appointment of Economic
                    Development Commission recommended members (2)

                     1. Dean Holt, 333 Village Road – Requests appointment, term ending 11/1/2023

                     2. Renee Jones, 161 Highland Road - Requests appointment, term ending 11/1/2023

 

Council briefly interviewed Mr. Holt.

 

Councilor Edwards V motioned to waive policy and appoint Dean Holt, 333 Village Road and Renee Jones, 161 Highland Road to the North End and Industrial/Business Park Advisory Subcommittee as Economic             Development Commission members with terms ending 4/1/2024. Seconded by Councilor Janick, the motion passed unanimously.

 

                I. Public Safety Complex Committee - (5) Member Board (5) Vacancies
                     1. Susan Oliveira, 133 Crandall Road - Requests appointment, term ending 8/1/2023
                     2. James Hughs, 147 Bud Way - Requests appointment, term ending 8/1/2023
                     3. David Moreira, Jr., 152 Michaels Lane - Requests appointment, term ending 8/1/2023
                     4. David M. Turchetta, 65 Knotty Pine Road - Requests appointment, term ending 8/1/2023
                     5. Robert S. Parent, Sr., 111 Harbor Ridge Lane - Requests appointment, term ending 8/1/2023
                     6. Robert Sedoma, 19 Bayview Avenue - Requests appointment, term ending 8/1/2023
                     7. Allyn Meyers, 31 Nicholson Place - Requests appointment, term ending 8/1/2023
                     8. Timothy Oser, 23 Mary Lane - Requests appointment, term ending 8/1/2023

 

Council briefly interviewed Mr. Hughs.

 

Police Chief Jones spoke, noting he believed all candidates were qualified. He suggested the possibility of appointing five committee members and three as alternate members. Councilor Edwards V, who had worked with the chief in reviewing the candidates, named the selections as James Hughs, David Moreira, David Turchetta, Robert Parent, and Timothy Oser.

Councilor Edwards V motioned to appoint James Hughs, David Moreira, David Turchetta, Robert Parent and Timothy Oser to the Public Safety Complex Committee with terms ending 12/31/2023. Seconded by Councilor Edwards, the motion passed unanimously.

 

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

                A. Harekrishna, Inc. d/b/a Pop’s Pizza, 777 Casino Boulevard - Requests approval of Class BV Liquor
                     license, subject to meeting all legal requirements

 

Vice President Burk opened the public hearing. No one presented to speak and the public hearing was closed.

 

Councilor Edwards V motioned to approve the Class BV Liquor license for Harekrishna, Inc. d/b/a Pop’s Pizza subject to meeting all legal requirements. Seconded by Councilor Edwards, the motion passed unanimously.

               

                B. Approval of the proposed amendment to Tiverton Code of Ordinances - Chapter 2 ADMINISTRATION,

                     ARTICLE V – FINANCE to add Sections 2-91 Restricted Appropriation Accounts and 2-95 Restricted

                     Revenue Accounts which proposes to create various restricted appropriation and revenue accounts

                     related to the budgetary process

 

Vice President Burk briefly described the intent of the proposed amendments.  The changes to Section 2-91 would be to add restricted appropriations accounts for Revaluation, Elections, Paving/Drainage Curbing and Sidewalks, and Sand, Salt, and Gravel where leftover funds would remain and be carried over to the next year. He noted the items are always in the budget every year and would eliminate having to address those annually.

 

He furthered that changes to Section 2-95 Restricted Revenue Accounts would set aside 25% of revenues from real estate conveyance taxes to be used for open space and purchasing and maintenance of public parks, recreational equipment, etc.

 

Vice President Burk opened the public hearing. No one presented to speak and the public hearing was closed.

 

Councilor Edwards V questioned the ability to move funds to other accounts during the year, concerned that funds would be used for their intended purpose. Administrator Cotta was unsure if that would be allowed under the current language. Councilor Edwards V also mentioned consideration of increasing the current 25% of land conveyance tax or establishing a range, without necessitating the creation of a new ordinance. After further discussion, it was decided to have the Solicitor bring back new language for consideration.

 

Councilor Edwards V motioned to continue the public hearing until the next meeting. Seconded by Councilor Edwards, the motion passed unanimously.

 

                C. Approval of the proposed amendment to Tiverton Code of Ordinances - Chapter 74 TAXATION,

                     ARTICLE II – PROPERTY TAX EXEMPTIONS to amend the existing ordinance Chapter 74 sections 48,

                     60, 61, 62, 63, 65, and 66 which proposes to increase the property tax credits for annual income,
                     military veterans and widows/widowers of veterans, disabled veterans, specially adopted housing,
                     gold star parents, and prisoners of war

 

Assessor Robert explained the proposed amendment, noting his recommendation to adjust the exemptions to a 10% adjustment across the board, resulting in roughly a one-penny effect on the tax rate. He furthered that as motor vehicles were no longer taxed, many veteran exemptions were dropped. Of the approximately 879 exemption accounts, 80% were veterans.

 

Vice President Burk opened the public hearing. Resident Jamie French noted that very minimal discounts are calculated by income and assets, unlike many other communities. She furthered that low-income, disabled or veterans on fixed incomes are primarily affected. Assessor Robert explained that assets are not considered in elderly low-income calculations. Councilor Janick asked how Tiverton’s exemption rates compared to other towns. Assessor Robert stated we were at least 50% more generous than the other communities.

 

After discussion, Councilors agreed to increase Sec. 74-66. Prisoners of War to $1000 to be more in line with other communities.

 

Councilor Burk motioned to amend Sec. 74-66. to increase the amount to $1000.00. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Edwards V motioned to approve the property tax exemption ordinance changes as amended. Seconded by Councilor Janick, the motion passed unanimously.

 

8. GENERAL BUSINESS

A. Police Chief Jones - Discussion and possible vote on the appointment of Community Service Officer
     Zachary Furtado

 

Applicant Zachary Furtado was interviewed by Council.

 

Councilor Edwards V motioned to appoint Zachary Furtado as Community Service Officer as recommended by Chief Jones. Seconded by Councilor Edwards, the motion passed unanimously.

 

B. Fire Chief Bailey - Approval and vote of budget transfers for FY23
     1. $7,000.00 from Acct 3310-6928 Firefighter Training to 3310-7840 Station Maintenance
     2. $9,000.00 from Acct 3310-6928 Firefighter Training to 3310-6969 Medical Supplies

     3. $6,000.00 from Acct 3310-5107 Holiday Pay to 3310-7640 Apparatus Maintenance

 

Councilor Edwards V motioned to approve the budget transfers as requested by Chief Bailey. Seconded by Councilor Perry, the motion passed unanimously.

 

C. DPW Director Rogers - Approval and vote of budget transfers for FY23
     1. $17,000.00 from Acct 5540-5101 DPW Workers to 5540-6648 Equipment Repair/Min Rep
     2. $35,000.00 from Acct 5540-5104 Overtime to Acct 5540-6648 Equipment Repair/Min Rep

     3. $2,000.00 from Acct 5540-5101 DPW Workers to 5540-6652 Shop Equipment

     4. $70.00 from Acct 5540-5101 DPW Workers to 5540-6930 Mobile Communications

     5 $4,000.00 from Acct 5540-5101 DPW Workers to 5540-7325 Highway Signs

     6. $400.00 from Acct 5540-5101 DPW Workers to 5130-6653 Maint Tool/Equip Replcmt

     7. $4,000.00 from Acct 5540-5101 DPW Workers to 8840-6630 Field Rehab

     8. $3,000.00 from Acct 5540-5101 DPW Workers to 8840-6760 Rec Area Port-a-johns

 

Councilor Edwards V motioned to approve the budget transfers as requested by Director Rogers. Seconded by Councilor Perry, the motion passed unanimously.

 

D. DPW Director Rogers - Discussion and possible vote to approve bid award for Curbside Collection of
      Trash – Recycle

 

Councilor Burk motioned award contract to MTG Disposal for three years with the option to increase up to a total of five additional years in one or more year increments for manual trash recyclables at an initial cost of $1,000,000 per year, escalated or decreased by CPI annually, with yard waste disposal, white goods and bulky waste to be added in an addendum negotiated by the Administrator and DPW Director, and trash and recyclables for $3,500.00 for the schools and to direct the Town Administrator and DPW director to develop a proposal for Council to consider the possible move to automated trash recyclables within 6 months. Seconded by Councilor Edwards V, the motion passed unanimously.

 

E. DPW Director Rogers - Discussion and possible vote to approve bid award to Premiere Fence, LLC for
     Guardrail Installation

 

Councilor Edwards V motioned to approve contract award to Premiere Fence, LLC for Guardrail Installation. Seconded by Councilor Perry, the motion passed unanimously.

 

F. DPW Director Rogers - Discussion and possible vote to approve bid award for Fogland Stormwater
     Improvements, contingent upon sufficient funding

 

Councilor Edwards V motioned to approve contract award to Skurka Construction in the amount of $238,200 contingent upon the Town Administrator, Town Solicitor, DPW, and Grantee Project Manager confirming that sufficient funds are available and all required documentation is received from the contractor. Seconded by Councilor Perry, the motion passed unanimously.

 

G. DPW Director Rogers - Discussion and possible vote to approve spending $11,000 in parts to repair
     2016 Elgin road sweeper

 

Councilor Edwards V motioned to approve spending $11,000 in parts to repair the 2016 Elgin road sweeper, as requested by the Director. Seconded by Councilor Edwards, the motion passed unanimously.

 

H. Administrator Cotta - Discussion and possible vote to award the Professional Audit Services contract 

     to Hague, Sahady & Co. P.C.

 

Councilor Edwards V motioned to award the Professional Audit Services contract to Hague, Sahady & Co. P.C. Seconded by Councilor Janick, the motion passed unanimously.

 

I. Police Chief Jones – Discussion and possible vote to fund advertisement for amendments to Tiverton

    Code of Ordinance Chapter 78, DIVISION 2. RESIDENTIAL PARKING to allow resident stickers for
    parking from Bottom Street to Bay Street on Canonicus and Hooper Streets

Councilor Edwards V motioned to approve the advertisement for amendments to Tiverton Code of Ordinance Chapter 78, DIVISION 2. RESIDENTIAL PARKING to allow resident stickers for parking from Bottom Street to Bay Street on Canonicus and Hooper Streets. Seconded by Councilor Edwards, the motion passed unanimously.

 

J. Councilor Burk – Discussion and possible vote regarding an amendment to Zoning Ordinance to strike
    crematorium from the Use Table (Article IV) and make it a prohibited use townwide in all zones; and
    to approve funding to advertise a public hearing

                    1. Planning Board recommendation

Councilor Burk motioned to approve funding to advertise the potential amendment for a public hearing. Seconded by Councilor Janick, the motion passed unanimously.

 

K. Council President deMedeiros – Discussion and possible vote regarding the repeal/expiration of

     Executive Order 2020-13 Continued Declaration of State of Municipal Emergency

 

Councilor Edwards motioned to repeal Executive Order 2020-13. Seconded by Councilor Edwards V, the motion passed unanimously.

 

N. Discussion and possible vote to amend Resolution 2023-0003 Special Election Charter Review

     Commission to cancel election or reschedule election to November 7, 2023, and adjust due date for

     reporting recommendations

 

The item was necessitated as no there were no volunteers for the Charter Review Commission.  

 

Councilor Edwards V motioned to amend Resolution 2023-0003 Special Election Charter Review Commission to reschedule the election to November 7, 2023, and adjust due dates for reporting recommendations accordingly. Seconded by Councilor Janick, the motion passed unanimously.

 

O. Council President deMedeiros – Discussion and possible vote on FY24 Unified Budget Ordinance

 

Councilor Edwards V motioned to approve the Unified Budget, inserting the appropriate dates as outlined by the administrator, as amended and subject to meeting all legal requirements. Seconded by Councilor Perry, the motion passed unanimously.

 

The following three items were held until after Executive Session.

 

P. Town Administrator - Discussion and possible vote to approve a salary increase for Police Chief
     Patrick Jones, effective 6/12/2023, consistent with the approved FY23 budget

 

Q. Town Administrator - Discussion and possible vote to approve a salary increase for Deputy
     Police Chief James Costa, effective 6/12/2023, consistent with the approved FY23 budget

 

R. Town Clerk – Discussion and possible vote to ratify three-year employment contract, for Deputy Town
     Clerk Jean M. Veegh, effective 6/2/2022 through 6/1/2025

 

9. ANNOUNCEMENTS

                A. Town Administrator

     1. Letter to CRMC regarding Oyster farm application from John Bowen and Patrick Bowen

 

Administrator Cotta noted the letter, drafted by the Solicitor and Administrator, was available on the website for those interested.  

 

                     2. Road Construction on Bulgarmarsh, Fish, and Brayton Roads

 

Administrator Cotta announced that Rhode Island Energy will be putting in duct banks from the substation off of Fish Road to the solar farm on Brayton Road and to expect a significant disruption in traffic and road closures.  

 

10. EXECUTIVE SESSION

A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Police
     Chief Patrick Jones - Notice given

 

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

     Police Chief James Costa - Notice given

 

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

     Town Clerk Jean M. Veegh - Notice given

 

D. Town Administrator - RIGL 42-46-5(a)(2) Collective Bargaining: Update on Teamsters Local 251

 

E. Solicitor Marcello – RIGL 42-46-5(a)(2) Litigation: David M. Rose vs. Town of Tiverton (NC-2023-0170)
     update

 

F. Solicitor Marcello – RIGL-42-46-5(a)(2) Litigation:  Highland Ridge Farm v. Town of Tiverton

    (NC 2021-0042) update

 

G. President deMedeiros – RIGL 42-46-5(a)(5) discussion related to the acquisition or lease or purchase
     of real property for public purposes/conservation wherein advanced public information would be
     detrimental to the interest of the public

 

                H. Police Chief Jones – RIGL 42-46-5(a)(4) Any investigative proceeding regarding allegations of
                    misconduct, either civil or criminal

 

Councilor Edwards V motioned to enter Executive Session for agenda items 10-A thru 10-H. Councilor Perry 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 10:58 p.m.

 

Councilor Edwards V motioned to seal the minutes of the Executive Sessions. Councilor Janick seconded the motion. The motion passed unanimously.

 

Solicitor Romano reported no votes were taken in Executive Session.

 

Councilor Edwards V motioned to authorize the Town Administrator with the Solicitor to act in accordance with discussion on Item 10-G in executive session. Councilor Janick seconded the motion. The motion passed unanimously.

 

P. Town Administrator - Discussion and possible vote to approve a salary increase for Police Chief
     Patrick Jones, effective 6/12/2023, consistent with the approved FY23 budget

 

Councilor Edwards V motioned to approve the salary increase for Police Chief Jones as presented. Councilor Janick seconded the motion. The motion passed unanimously.

 

Q. Town Administrator - Discussion and possible vote to approve a salary increase for Deputy
     Police Chief James Costa, effective 6/12/2023, consistent with the approved FY23 budget

 

Councilor Edwards V motioned to approve the salary increase for Deputy Police Chief Costa as presented. Councilor Perry seconded the motion. The motion passed unanimously.

 

R. Town Clerk – Discussion and possible vote to ratify three-year employment contract, for Deputy Town
     Clerk Jean M. Veegh, effective 6/2/2022 through 6/1/2025

 

Councilor Edwards V motioned to ratify the three-year employment contract, for Deputy Town Clerk Jean M. Veegh, effective 6/2/2022 through 6/1/2025. Councilor Perry seconded the motion. The motion passed unanimously.

 

11. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 10:59 p.m.

 

A True Copy.

 

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk