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 23, 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

President Denise M. deMedeiros	Vice President Michael S. Burk	Deborah G. Janick
John G. Edwards V	Jay P. Edwards

Absent
Dennis J. Milbourne

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

BUSINESS BROUGHT BEFORE THE COUNCIL

President Denise M. deMedeiros asked for a motion to bring 5. PUBLIC COMMENTS forward.

 

Councilor Burk motioned to bring item 5. PUBLIC COMMENTS forward. Seconded by Councilor Edwards, the motion passed unanimously.

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

 

Comments: Joanne Arruda requested the Town Council meeting minutes from 10/10/2023 be changed to omit the reference to her as a Personnel Board member, to clarify that her comments had been her opinion and did not reflect the Board.  

 

President Denise M. 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. October 10 – Regular Meeting

     2. October 10 – Executive Session

 

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

     2. Historical Cemeteries – (1)
     3. Conservation Commission - (1)
     4. Litter Control Committee – (1)
     5. Zoning Revision Committee – (1)
     6. Conservation Commission – (2)
     7. Board of Canvassers – (1)
     8. Open Space – (1)
    

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – September 2022 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence

     1. Harbor Commission letter regarding memorial benches

 

E. Approval of Tax Assessor Abatements – $894.00

 

Councilor Burk removed Item A-1.

Councilor Edwards motioned to approve the Consent Agenda with the exception of item A-1. Seconded by Councilor Edwards V, the motion passed unanimously.

Councilor Burk motioned to amend the October 10 minutes, on pg. 2, under Public Comments, striking the words “Personnel Board member.” Seconded by Councilor Edwards V, the motion passed 5-1, Councilor Janick abstained.

Councilor Edwards V motioned to approve the minutes as amended. Seconded by Councilor Edwards, the motion passed 5-1, Councilor Janick abstained.

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

 

A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 22 Businesses,

     Article II Farmer’s Market- Section 22-6 to include a definition of Music Entertainment, the addition

    of a new Section 22-10 Music Entertainment, and the re-numbering of Section 22-11 to reflect the

    addition of new Section 22-10. The change will allow music entertainment as defined in this section at

    a permitted Farmer’s Market on town-owned properties without the need for public entertainment

    license.

 

Concerns were raised over possible restrictiveness in not allowing any music amplification. Suggestions were made to allow amplification to certain decibel limits as regulated by the current noise ordinance. It was decided to continue the hearing to the next meeting on 11/14/2023 to allow the Solicitor to redraft the amendment.     

 

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

Councilor Burk motioned to table the item to a future meeting after the Solicitor has a chance to review the questions around amplification. Seconded by Councilor Edwards, the motion passed unanimously.

 

                B. Approval of the proposed amendment to the Tiverton Code of Ordinances - Chapter 51

                    AMUSEMENTS, ARTICLE I – PUBLIC ENTERTAINMENT to amend Section 51-1 Definitions to include an

                    exclusion for any town-sponsored event in the definition of Public Entertainment. The change will

                    allow public entertainment for town-sponsored events without the need to obtain public

                    entertainment license.

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

 

Councilor Edwards V motioned to approve the Ordinance as amended. Seconded by Councilor Burk, the motion passed unanimously.

 

                     1. DeEtta Moran from Board of Canvassers effective 10/09/2023

 

Councilor Burk motioned to accept DeEtta Moran’s resignation with regret and sincere thanks for many years of service. Seconded by Councilor Edwards V, the motion passed unanimously.

                B. Personnel Board - (5) Member Board (4) Year Terms (2) Vacancies

                     Terms ending 10/15/2023 (2)

                     1. Joanne Arruda, 20 Dion Ave. – Requests re-appointment

 

Joanne Arruda was interviewed. It was noted the term ending should have read 10/15/2027.

 

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

 

Councilor Burk motioned to re-appoint Joanne Arruda to the Personnel Board for a term ending 10/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                C. Arts Committee - (5) Member Board (2) Year Terms (3) Vacancies

                     Terms ending 4/15/2024 (1), 4/15/2025 (2)
                     1. Nadine G. Messier, 132 Cory’s Lane – Requests appointment

 

Nadine Messier was interviewed.

 

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

 

Councilor Burk motioned to appoint Nadine G. Messier to the Arts Committee for a term ending 4/15/2025. Seconded by Councilor Edwards V, the motion passed unanimously.

 

8. GENERAL BUSINESS

 

A. DPW Director Rogers – Discussion and possible vote to approve RI Infrastructure Bank (RIIB) revised
                   Grant Agreement (Grant amount $ 247,710)

 

Director Rogers explained the original grant agreement for $228,425 was based on an estimate and the

revised grant agreement approved by Rhode Island Infrastructure Bank in the amount of $247,710 was based on the bid price received.

 

Councilor Burk motioned to approve the revised Rhode Island Infrastructure Bank grant agreement in the amount of $247,710, and authorize the Town Administrator to execute the agreement. Seconded by Councilor Edwards V, the motion passed unanimously.

 

B. DPW Director Rogers – Discussion and possible vote to approve hiring Richard McGee as roadside

     mowing contractor for areas that require a side arm mower

 

Director Rogers explained the item had originally gone to bid. One bid was received that was not within budget and was not selected. After soliciting other contractors, an acceptable bid within budget was received from Richard McGee.

 

Councilor Burk motioned to approve hiring Richard McGee as roadside mowing contractor for areas that require a side arm mower for an amount not to exceed $7,800 and an hourly rate not to exceed

$225. Seconded by Councilor Edwards, the motion passed unanimously.

 

C. DPW Director Rogers – Discussion and possible vote to approve time period after Christmas,

     beginning Tuesday, December 26, 2023, and ending Saturday, December 30, 2023, to be a PAYT trash

     bag holiday & that the PAYT trash bag holiday time period and the Christmas Tree curbside pickup

     schedule be advertised in the Sakonnet Times

Councilor Burk motioned to approve the pay-you-throw trash bag holiday and the Christmas tree curbside pickup schedule as identified on the backup Town of Tiverton notice curbside collection. Seconded by Councilor Edwards V, the motion passed unanimously.

 

D. Town Clerk – Discussion and possible vote to approve funding for a new Property Fraud Alert Service

     as part of 20/20 Perfect Vision land evidence system from Casino Gaming Fund FY2023 or American

     Recovery Funds

Clerk Chabot recently became aware of a Property Fraud Alert service available via the 20/20 Perfect Vision land evidence system utilized by the town. After further research and interviewing other towns that had similar systems in place, the Clerk recommended including the service as a way to protect town landowners. The initial setup cost for the service is $3,000 with a partial cost of $500 for the first year and $1,200 annually thereafter.

 

Councilor Burk motioned to approve $3,500 for the purchase of the Property Fraud Alert service as part of

20/20 Perfect Vision land evidence system, using money from the American Recovery funds. Seconded by Councilor Edwards V, the motion passed unanimously.

 

E. Council Vice President Burk - Discussion and possible vote to take any necessary actions, including but
                   not limited to the sending of a letter to the owner/operators of the former Quality Yachts Property,
                   located on Riverside Drive re: significant health and safety concerns associated with the property

    and instruct the building zoning official to contract the appropriate state regulatory agencies including
                    RIDEM and CRMC

Harbor Commission member Dave Stewart addressed the Council on the dangerous condition of the failing wharves and decks on the property that he said has been deteriorating for years. He cited concerns about fisherman safety as well as large sections of floating debris that would pose navigation hazards in the harbor.  

   

The Town Administrator questioned what authority the Town may have. Building Official Hoyle responded that he had reached out to CRMC, and other entities with little response. He noted his office, at the municipal level, has no jurisdiction over anything over salt water. The authority was with the State building official, who had been notified. Mr. Hoyle added that the owner, Riverside Drive Realty is an out-of-state entity, and the local agent of service has not been responsive. He had reached out to two other local coastal building officials for advice.    

Councilor Burk motioned to have the Town Administrator work with the Building Official, Harbor Commission Chair, and Vice Chair, to draft a letter, for review at the next meeting, which would go to the State Building Official, CRMC, Army Corps of Engineers, US Coast Guard and State House delegation. Seconded by Councilor Janick, the motion passed with a vote of 4-1, with Councilor Edwards V opposed.

 

F. Council Vice President Burk - Discussion and possible vote to send letter to the RI Department of
                    Environmental Management, or to take other necessary action, to compel RI DEM to move forward
                    with the Repurposing of the former Chase Marina property

 

Harbor Commission member Dave Stewart explained frustration over stalled momentum and no recent communication to the town from RIDEM since they put out an RFI soliciting redevelopment ideas in August 2022.

 

The Town Administrator confirmed he had a meeting with RIDEM, RI Bridge & Turnpike Authority, and RIDOT back in February 2023. He was told the delay was related to funding issues. A further complication was that the building and adjacent land to the left were owned by DEM, while the land to the right was owned by RI Bridge & Turnpike Authority, and surrounding areas were owned by RIDOT.

 
Councilor Burk motioned to direct the Town Administrator to draft a letter for review regarding Chase Marina to send to RIDEM and our State delegation. Seconded by Councilor Edwards, the motion passed unanimously.

 

G. Council Vice President Burk - Update on preparing Gadsby Lane for parking for Dinghy Dock users

 

It was noted that the road under discussion is Gadsby Avenue and not Gadsby Lane.

DPW Director Rogers updated the Council on grading and signage plans for Gadsby Avenue that will be utilized by Dinghy Dock users. There were no plans to apply gravel at this time.

 

H. Council Vice President Burk - Discussion and possible vote to authorize the expenditure of funds by
                   the Tiverton Recreation and Beach Commission or Council Contingency to purchase an outdoor
                   Menorah for use as a holiday display

 

The Council discussed the purchase of a $790 six-foot high electric menorah to become part of the town’s seasonal display, to be placed alongside the Christmas tree. Councilor Edwards said the menorah is considered a religious item that should not be paid for using taxpayer funds. Solicitor Marcello cited recent court rulings that focused not on the source of funds, but how it is displayed. He recommended ensuring an “inclusive” display that included additional traditional decorations.

 

Councilor Burk motioned to approve not to exceed $800 from the council contingency fund to purchase an outdoor menorah for use as part of the holiday display. Seconded by Councilor Edwards V, the motion passed with a vote of 4-1, with Councilor Edwards opposed.  

I. Update and reschedule public hearings on proposed amendments to the Tiverton Zoning Code and

    Subdivision Regulations to comply with mandatory changes in state law effective 1/1/2024 to

   11/30/2023 and 12/4/2023

 

Interim Administrative Officer/Planner Ashley Sweet provided a 2023 Housing Bill Summaries and gave a high-level overview of the relative state mandatory zoning ordinance and subdivision regulation changes. She explained that most changes were not optional. But where choices could be made, draft options were given to the Planning Board as policy decisions at a recent special meeting. The documents were currently being amended with the changes. The Planning Board will then send the recommendations to the Council.

The Council discussed the public hearing dates as proposed and scheduled both 11/30/2023 and 12/4/2023 to hold the hearings.

 

J. Town Administrator/Fire Dept. - Discussion and possible vote to advertise for bids for services related
    to medical billing for fire rescue services

 

Administrator Cotta explained the existing contract is coming to an end, and acknowledging sub-par service from the current contractor, thought it best to file an RFP. Fire Chief Bailey and Administrative Assistant Judy Ferreira explained ongoing issues and lack of communication with the current provider warranted advertising for a new servicer.

Councilor Edwards V motioned to grant permission to advertise the bid for services related to medical billing for fire rescue services. Seconded by Councilor Vice President Burk, the motion passed unanimously.  

9. EXECUTIVE SESSION

 

A. Council President deMedeiros – RIGL 42-46-5(a)(2) Session pertaining to collective bargaining or

     litigation and/or RIGL 42-46-5(a)(4), Any investigative proceeding regarding allegations of misconduct,

     either civil or criminal. These pertain to the Town’s firefighters.

 

B. Town Administrator – RIGL 42-46-5(a)(1) Personnel – Job Performance for Fire Chief William S. Bailey

     III– Notice given

 

C. Town Solicitor – RIGL 42-46-5(a)(2) - General update on all pending litigation

 

Councilor Edwards V motioned to enter Executive Session for agenda items 9A through 9C. Councilor Burk seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 8:48 p.m.

Council returned to open session at approximately 9:54 p.m.

 

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

 

Solicitor Marcello reported that for item 9A, a vote was taken the disclosure of which at the current time would be detrimental to the interest of the Town in regard to its ongoing labor dispute with IAFF Local 1703. For items 9B and 9C, no votes were taken.

 

10. ADJOURNMENT

 

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 9:55 p.m.

 

A True Copy.

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk