Click to view the meeting video.

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, February 12, 2024, 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.

A moment of silence was taken in remembrance of Cecil E. Leonard, Bobby J. Harris, and Alexander J. Cote.

3. ROLL CALL

Present

President Denise M. deMedeiros	Vice President Michael S. Burk	John G. Edwards V
Jay P. Edwards	David J. Paull

Absent
Deborah G. Janick
Dennis J. Milbourne

President Denise M. deMedeiros arrived late

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

Representative John G. Edwards IV and Senator Walter Felag presented Town Clerk Chabot with a $3,500.00 legislative grant which will be used for the purchase of a map storage cabinet.

Councilor Edwards V motioned to move item 8-F forward. Seconded by Councilor Edwards, the motion passed unanimously.

F. Councilor Edwards/Councilor Edwards V – Discussion and possible vote to approve a resolution in

support of House Bill H7060 (Designates Sapowet Marsh Management Area, comprised of two

hundred ninety-six (296) acres, more or less, located within the town of Tiverton and Sapowet Cove as

open space to be utilized for passive outdoor recreation)

Councilor Edwards explained the resolution in support of House Bill H7060, would protect and preserve the Sapowet Wildlife Management area, and the adjacent shores and waters out to 1000 feet, from being used for anything but recreational purposes.

Council Vice President Burk noted there was an amendment to the resolution that was only to add Senate Bill 2415.

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

BUSINESS BROUGHT BEFORE THE COUNCIL

Vice President Michael S. 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. January 8, 2024 – Regular Meeting (Councilor Burk abstains, absent)

2. January 8, 2024 – Executive Session (Councilor Burk abstains, absent)

3. January 10, 2024 – Joint Budget Workshop (Councilor Edwards V abstains, absent)

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

2. Economic Development Commission – (2)

3. North End and Industrial/Business Park Advisory Subcommittee – (2)
4. Dog Park Advisory Committee - (6)

5. Zoning Board of Review – (2)
6. Zoning Board of Appeals – (1)

7. Litter Committee – (1)

8. Open Space and Land Preservation – (1)

9. Zoning Revision Committee – (3)
10. Historic Preservation Advisory Board – (1)
11. Board of Canvassers – (1)
12. Harbor Commission – (15)

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – November and December 2023 Budget and Revenue Reports
     2. Cemetery Commission – Annual Report 2023
     3. Planning Board – Annual Report 2023

D. Acknowledge Receipt of Correspondence

     1. Learn365RI Municipal Compact
     2. Letter from Melissa R. Quinlan requesting an update on access to the Dog Park for maintenance
     3. ACLU Rhode Island – Report on Public Comment Policies of City and Town Councils, School
         Committees

4. Town of Hopkinton – Resolution in support of RI League of Cities and Towns 2024 Legislative

Priorities

5. Town of Hopkinton – Resolution in support of full funding of categorical transportation aid

6. Town of Charlestown – Resolution in support of full funding of categorical transportation aid

E. Approval of Tax Assessor Abatements – $393.36

Councilor Edwards V removed Item D-3.
Councilor Burk removed Item A-1.

Councilor Edwards V motioned to approve the Consent Agenda except for items D-3 and A-1. Seconded by Councilor Edwards, the motion passed unanimously.

Re: A-1, Councilor Burk noted a typo on page 3 of the January 8, 2024 minutes. The motion re: Bob Sedoma should have read “appointment” rather than “re-appointment.”

Councilor Edwards V motioned to amend the minutes as noted. Seconded by Councilor Edwards, the motion passed unanimously.

Re: D-3, Edwards V noted he had contacted the ACLU who had agreed to correct the erroneous assertion that Tiverton only allows people to speak on agenda topics. He furthered he would be adding a review of the Governance Policy to an upcoming agenda.

Councilor Edwards V motioned to approve Consent Agenda items D-3. Seconded by Councilor Paull, the motion passed unanimously.

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

Resident Donna Cook addressed council with her concerns about item 4-D-3 and the ACLU report on public comment policies. Referring to a December 11, 2023 meeting, she stated she was initially denied the ability to speak re: the assistant planner, eventually allowed to speak, but her comments were limited.

Resident Charles Lawrence raised safety concerns over the 40 mph traffic speed on Main Road near Town Farm. He suggested the town consider asking the state for a reduced limit to 30mph for at least 200 yards prior and for possible flashing warning lights.

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

A. Harbor Commission - (9) Member Board (3) Year Terms (1) Vacancy, Term ending 7/15/2025

                     1. Michael David Gates, 83 Leonard Drive - Requests appointment for term ending 7/15/2025
                     2. Charles E. E. Lawrence, 108 Long Pasture Way - Requests re-appointment for term ending
                         7/15/2025

Both Michael David Gates and Charles E. E. Lawrence were interviewed by the Council. An appointment would be delayed until the next meeting vote to allow time for careful consideration.

                B. Semiquincentennial Commission - (9) Member Board (3) Vacancies, Term ending 12/31/2026
                    1. Melissa A Bento, 536 Highland Road - Requests appointment for term ending 12/31/2026
                    2. Peter Moniz, 83 Captains Circle - Requests appointment for term ending 12/31/2026

Melissa Bento had withdrawn her application.

Mr. Moniz was interviewed by Council.

Councilor Edwards V motioned to waive policy and appoint Peter Moniz, 83 Captains Circle to the Semiquincentennial Commission for a term ending 12/31/2026. Seconded by Councilor Paull, the motion passed unanimously.

C. Annual Tree Warden Appointment to expire January 31, 2024

1. Frankey Ramos, Manchester’s Tree & Landscaping, 13 Edmond Lane – Reappointment request

Frankey Ramos was not present. It was noted the appointment expiration date should read January 31, 2025.

Councilor Edwards V motioned to waive policy and appoint Frankey Ramos as Tree Warden with a term to expire on January 31, 2025. Seconded by Councilor Paull, the motion passed unanimously.

D. Acknowledgement of resignation:

1. Alize Gomes from Library Board of Trustees effective 1/31/2024

Vice President Burk acknowledged the resignation of Alize Gomes from the Library Board of Trustees with thanks and regret.

7. BOARD OF LICENSING – Discussion and possible votes

A. Heather Fragata/Helger’s Ice Cream, 2490 Main Road - Requests approval of victualling license,
subject to meeting all legal requirements

Councilor Edwards V motioned to approve the victualling license for Heather Fragata/Helger’s Ice Cream, 2490 Main Road, subject to meeting all legal requirements. Seconded by Councilor Paull, the motion passed unanimously.

B. SouthCoast Event Management, Inc. and Northeast Home Show – Request approval of
special event license for home improvements consumer show on April 27, 2024, from 12:00 pm to
7:00 pm and April 28, 2024, from 10:00 am to 5:00 pm, at Longplex Family & Sports Center - subject

to meeting all legal requirements

Councilor Edwards V motioned to approve the special event license for the home improvements consumer show on April 27, 2024, from 12:00 pm to 7:00 pm and April 28, 2024, from 10:00 am to 5:00 pm, at Longplex, subject to meeting all legal requirements. Seconded by Councilor Paull, the motion passed unanimously.

C. Philomena Santos-Higgins/Cystic Fibrosis Foundation MASS-RI Chapter, 220 N. Main Street,
Natick, MA - Request approval of Special Event license for Cycle for Life Ride through Tiverton on
September 21, 2024, from 7:00 am to 3:30 pm - subject to meeting all legal requirements

Councilor Edwards V motioned to approve the special event license for Cycle for Life Ride through Tiverton on
September 21, 2024, from 7:00 am to 3:30 pm, with a rain date of September 22, same hours, subject to meeting all legal requirements. Seconded by Councilor Edwards, the motion passed unanimously.

8. GENERAL BUSINESS

A. Administrator Cotta – Discussion and possible vote to ratify a three-year employment contract with

Deputy Fire Chief Joshua Ferreira

Councilor Edwards V motioned to approve ratification of the three-year employment contract with Deputy Fire Chief Joshua Ferreira. Seconded by Councilor Paull, the motion passed unanimously.

B. Fire Chief Bailey - Discussion and possible vote to award the contract to Tidal Basin for Multi-Hazard

Mitigation Plan, not to exceed $25,587.60

Councilor Edwards V motioned to award the contract to Tidal Basin for Multi-Hazard Mitigation Plan, not to exceed $25,587.60. Seconded by Councilor Edwards, the motion passed unanimously.

C. DPW Director Rogers - Discussion and possible vote to award the contract to the low bidder

North-Eastern Tree Service, Inc. for tree work at Fort Barton

Councilor Edwards V motioned to award the contract to North-Eastern Tree Service, not to exceed $22,000.00 as recommended by the Director. Seconded by Councilor Edwards, the motion passed unanimously.

D. Administrator Cotta – Discussion and possible vote to award the contract to Marcum LLP to conduct a

forensic audit of School Department expenditures, all revenues, and all related policies and

procedures related to spending, purchasing, and revenue

Councilor Edwards V motioned to award the contract to Marcum LLP to conduct a forensic audit of the School Department, as recommended by the Administrator. Seconded by Councilor Paull, the motion passed unanimously.

E. Council Vice President Burk – Discussion and possible vote on the scope of work proposed by Mission

Broadband, Inc. to provide broadband consulting services for their broadband project

Councilor Edwards V motioned to authorize the Town Administrator to continue to collaborate with the Greater Newport Chamber of Commerce on their Mission Broadband project. Seconded by Councilor Edwards, the motion passed unanimously.

G. Councilor Edwards – Discussion regarding contracts, agreements, and grants related to planning and

zoning

Councilor Edwards clarified his request for transparent information and details related to contracts and agreements that the town has engaged in concerning wastewater infrastructure, new state legislation requirements, and the town being without a full-time planner. He suggested the contracts, when approved, should be on the town website.

Administrator Cotta replied that the town has only two current contracts with Weston & Sampson for the zoning rewrite and for the North Tiverton Revitalization, which has not yet been awarded. He explained the hydrology study contract and the project for special use permits were awarded to Weston & Sampson by Rhode Island Housing as grants and involved no contract with the town.

H. Councilor Edwards – Discussion on vacant Zoning Board representation on Zoning Revision

Committee

Councilor Edwards explained the predicament of having no Zoning Board member on the Zoning Revision Committee. He referenced the letter from Zoning Board Chair Gescheidt, in which she declined to continue in the role, concerned with a potential conflict of sitting on both boards. No other Zoning Board members were interested in being on the Zoning Revision Committee. As there weren’t historical issues with quorums, the councilors agreed that the seat did not need to be filled at this time.

I. Councilor Edwards V – Discussion and possible vote on review and potential changes to the Board &

Commission policies

Councilor Edwards V informed that he had wished to review both Board and Commission as well as the Town Council Governance policies, therefore he requested the items be added to the next agenda.

Clerk Chabot requested time to research potential amendments to the Boards, Commissions, and Committees policy from the March 25, 2019 council meeting.

Council President deMedeiros joined the meeting.

J. Council Vice President Burk – Discussion and possible vote on amending dates for Resolution 2024-
0001 establishing a Tiverton Semiquincentennial Commission to plan RI250 celebrations

Vice President Burk explained that Chair Anderson of the Historical Society had requested an extension to the official dates as Rhode Island had been involved in the Battle of Rhode Island. He decided to hold this until specific language was received from Ms. Anderson. Resident Peter Moniz addressed the council, noting his opposition to changing the dates as he felt it would be unnecessary.

K. Administrator Cotta – Update on Annual Audit

Administrator Cotta noted the municipal side of the audit has been submitted, but the auditors were behind due to late submission from the School Department. He stated the original deadline of December 31 had already been extended to January 31 and the report is still not complete.

L. Council President deMedeiros – Scheduling of special Joint meeting with the School Committee,

RI Department of Education, and Tiverton State legislators regarding School Aid for Education

(suggesting a Monday night in March)

Council President deMedeiros explained the joint meeting would be to discuss the recent major decrease in state school aid for Tiverton. A tentative date of March 18, 2024 was suggested.

M. Reminder – Special meeting 2/20/2024, next regular meeting 2/26/2024

Council President deMedeirous reminded that the special meeting would be on 2/20/2024 at 7 PM.

9. EXECUTIVE SESSION

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

B. Council President deMedeiros/Administrator Cotta – RIGL 42-46-5(2)(4) – Any investigative

proceedings regarding allegations of misconduct, either civil or criminal, Police/School Department

Councilor Paull motioned to enter Executive Session for agenda items 9A and 9B. Councilor Edwards V seconded the motion. The motion passed unanimously.

Council entered closed executive session at approximately 8:49 p.m.

Council returned to open session at approximately 10:24 p.m.

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

Solicitor Marcello reported for item 9A, that the council voted to authorize the town solicitor to not take a formal position as a party objector in the CRMC case. He also reported item 9B was discussion only.

10. ADJOURNMENT

Councilor deMedeiros motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 10:25 p.m.

A True Copy.

ATTEST________________________________

Joan Chabot, Town Clerk