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, January 8, 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.

3. ROLL CALL

Present

President Denise M. deMedeiros	Deborah G. Janick	John G. Edwards V
Jay P. Edwards	Dennis J. Milbourne	David J. Paull

 

Absent
Vice President Michael S. Burk

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

BUSINESS BROUGHT BEFORE THE COUNCIL

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. November 30 – Special Session (Councilors Milbourne and Paull abstain, absent)

     2. December 11 – Regular Meeting

     3. December 11 – Executive Session

     4. December 21 – Special Session (Councilors Edwards and Milbourne abstain, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Board of Canvassers – (2)
     2. Zoning Revision Committee – (1)
     3. Litter Control Committee – (1)
     4. Historic Preservation Advisory – (2)

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – December 2023

     2. Police and Fire Department Overtime Reports – December 2023

     3. Treasurer Saurette – November 2023 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence

     1. Letter from Cathy A. Calabrese

     2. Letter from Nancy Howard regarding Southcoast
     3. Town of Warren – Resolution in support of amendment to RIGL § 44-18-18.1 to include Class A
           Liquor Licensee sales in the levy and imposition of a one percent tax on the gross receipts of the
           licensee   
     4. Letter of thanks from Samaritans of RI

 

E. Approval of Tax Assessor Abatements – $3,860.13

 

F. Fiscal Year 2025 Budget Process Schedule

 

Councilor Edwards V removed Item C-3.  
Councilor Edwards removed Item B-3. 
Councilor Janick removed Item C-1 and D-1. 

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

Re: B-3, Councilor Edwards noted a name change correction on the Litter Committee minutes. Approval would be held until correction was made and returned to Council.

Re: C-1, Councilor Janick pointed out data on the fire department that showed Tiverton provides a significant amount of mutual aid to other communities, contrary to rumors that we require more mutual aid due to staffing shortages.     

Re: C-3, Administrator Cotta answered questions Councilor Edwards V asked regarding revenue, including general fund casino, private detail fees, and building permit fees and fines.

Re: D-1, Councilor Janick addressed the citizen letter from Ms. Calabrese regarding the December 21, 2023, public hearings related to the proposed Seasons gas station. Acknowledging that current zoning laws may permit these types of businesses, Councilor Janick encouraged public attendance and input, assuring that the council, planning board, and zoning board members listen to public input. Administrator Cotta clarified that the Zoning Board is required to hear all testimony and evidence from the applicants, by right. It was noted a second separate public hearing will be held on January 22, 2024. 

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

Councilor Edwards V motioned to table item B-3 until the next meeting. Seconded by Councilor Paull, the motion passed unanimously.

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

Comment from Gail Lawrence was held until after the Library Board interviews. (See 6-A)

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Library Board of Trustees - (7) Member Board (3) Year Terms (1) Vacancy
                     Unexpired term ending 10/15/2025
                     1. Melissa R. Quinlan, 25 Garden Avenue - Requests appointment for term ending 10/15/2025
                    2. Maureen Anne Iwanski, 526 Highland Road - Requests appointment for term ending 10/15/2025

Council President deMedeiros noted that Ms. Quinlan has withdrawn her application.

Ms. Iwanski was interviewed by the Council.  

 

Union Public Library Association member Gail Lawrence gave a hearty recommendation for the appointment of Ms. Iwanski.

Councilor Edwards V motioned to waive policy and appoint Maureen Iwanski to the Library Board of Trustees, for a term ending 10/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

 

                B. Juvenile Hearing Board - (7) Member Board (3) Year Terms (1) Vacancy, Term ending 10/15/2026

                     1. Melissa R. Quinlan, 25 Garden Avenue - Requests re-appointment for term ending 10/15/2026

 

Ms. Quinlan was interviewed by Council.

 

Councilor Edwards V motioned to waive policy and re-appoint Melissa R. Quinlan to the Juvenile Hearing Board, for a term ending 10/15/2026. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. Dog Park Advisory Committee - (9) Member Board (1) Year Term (1) Vacancy
                     Unexpired term ending 3/28/2024
                     1. Steven Lopes, 400 Souza Road - Requests appointment for term ending 3/28/2024

 

Mr. Lopes was interviewed by Council.

 

Councilor Edwards V motioned to waive policy and appoint Steven Lopes to the Dog Park Advisory Committee, for a term ending 3/28/2024. Seconded by Councilor Paull, the motion passed unanimously.

 

                D. Housing Authority - (5) Member Board (5) Year Terms (2) Vacancies
                    Terms ending 10/15/2026 and 10/15/2028

                     1. Christopher Nearpass, 110 Stoney Hollow Road - Requests re-appointment for term ending
                         10/15/2028
                     2. Robert Sedoma, 19 Bayview Avenue - Requests appointment for term ending 10/15/2026   

Mr. Nearpass and Mr. Sedoma were each interviewed by Council.

 

Councilor Edwards V motioned to waive policy and re-appoint Christopher Nearpass to the Housing Authority, for a term ending 10/15/2028 and appoint Robert Sedoma to the same board for term ending 10/15/2026.  Seconded by Councilor Edwards, the motion passed unanimously.

 

                E. Harbor Master – Annual Term expiring 12/31/2023

                     1. Tyler Loomis, 89 John Duggan Road – Requests Annual Re-Appointment with Harbor and Coastal

                        Waters Management Commission Recommendation

 

Mr. Loomis was not present for the meeting.   

 

Councilor Edwards V motioned to re-appoint Tyler Loomis as Harbor Master for a term expiring 12/31/2023. Seconded by Councilor Janick, the motion passed unanimously.

 

7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes, subject to meeting all legal requirements

A. Sakonnet River Outfitters, 777 Main Road – Request approval of revised business hours from 8:00 am
       to 9:00 pm, Sunday thru Saturday

 

Council discussed the revised hours and the possibility of limiting the weekend opening times. Sakonnet River Outfitters owner Jay Runci stated his primary interest was opening earlier during the week to offer firearm training classes, which includes live fire.

 

Council President deMedeiros opened the public hearing.

 

Cheryl Felber of 33 Ford Farm Road asked when training classes were now being held. Owner Jay Runci replied that no training classes were currently being held. As an abutter, she expressed concern about potential noise levels. Corey O’Brien of 172 Montgomery Street questioned how a muffled gunshot noise would differ from a neighbor’s noisy lawnmower or leaf blower, as it relates to the noise ordinance. He asserted that those yard maintenance sounds would be louder than potential gunshot sounds. John Chelo of 201 Robert Gray Ave stated that he was in support of the proposed extended hours as he was interested in firearm training.

 

The public hearing was closed.

 

Councilor Edwards suggested approving the extended hours during the week, but keeping the weekend opening hours as they are currently. Councilor Janick noted that under present ownership, Sakonnet River Outfitters has had few if any complaints and has worked cooperatively with the Town. Councilor Edwards V was in support of approving the expanded hours, stating he was disappointed the request had taken so long.  Councilor Paull stated he echoed Councilor Edwards V’s comments and supported the extended hours.

 

Councilor Edwards V motioned to approve the revised business hours for Sakonnet River Outfitters, 777 Main Road from 8:00 am to 9:00 pm on Monday to Friday, 9:00 am to 9:00 pm on Sunday and 10:00 am to 9:00 pm on Saturday.  Seconded by Councilor Paull, the motion passed unanimously.

 

8. GENERAL BUSINESS

A. Maureen Morrow/Litter Committee – Requesting that the Town move to a covered bin (on wheels)
     recycling bin program

 

Before Litter Committee members Maureen Morrow and Victoria Revier addressed the Council, Councilor Edwards V acknowledged that an automated trash collection proposal was promised when the contract with Mega was approved. He stated despite the delay, he, the Administrator, and the DPW Director were working on the plan and expected it to be ready in February.

 

Ms. Morrow explained that uncovered recycling bins were a huge source of the litter problems. She noted that the ACI has stopped sending out litter pick-up crews. Ms. Revier gave a brief update on what systems our neighboring communities had put into place. She also said there were grant programs available through Rhode Island Resource Recovery.

 

Council President deMedeiros noted her intention to discuss the utilization of remaining ARPA and casino gaming monies sometime in February. Administrator Cotta said we were close to resolving the landfill application for a major grant.

 

Councilor deMedeiros requested to bring forward item 8-F forward, without objection.

 

F. Administrator Cotta – Discussion with Tiverton Wastewater District Executive Director Mark Nimiroski

 

Mark Nimiroski, Executive Director of Tiverton Wastewater District (TWWD), discussed his role in establishing an effective working relationship between the Town and the district. Mr. Nimiroski stated that updating the Wastewater Facilities Plan is a priority and will cost @$60,000. Administrator Cotta mentioned RI Housing may have funds and will assist them in grant application. Mr. Nimiroski noted that Fall River Water District wants real numbers for what is being sent to Fall River. TWWD is looking to address this and get meters fixed/updated.

 

B. DPW Director Rogers – Discussion and possible vote to approve one-year contract renewal with GS
                     Lawn and Garden for Year 2024 Specified Recreational Facility and Turf Management Services

 

Councilor Edwards V motioned to approve the contract renewal with GS Lawn and Garden for Year 2024 Specified Recreational Facility and Turf Management Services as recommended by the Director. Seconded by Councilor Milbourne, the motion passed unanimously.

 

C. DPW Director Rogers – Discussion and possible vote to approve budget transfers:
                     1. $3,000.00 from Acct 8840-6749 Preventive Maintenance to Acct 8840-6760 Port-A-John

     2. $3,000.00 from Acct 8840-6749 Preventive Maintenance to Acct 8840-6765 Rec Area maint/repair

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

 

D. Administrator Cotta – Discussion and possible vote to award contracts for DPW, TFD, and TPD Surplus

    Equipment/Vehicles to Excel Recycling

 

Councilor Edwards V motioned to award the contracts as requested by the Administrator. Seconded by Councilor Edwards, the motion passed unanimously.

 

E. Administrator Cotta/Fire Chief Bailey – Discussion regarding the recent loss of senior staff through

    retirement and what the Department is doing concerning promotions

 

Fire Chief Bailey reported that the recent retirements of Captains Gagnon and Committo created two vacancies in the captain ranks. Using established Captain's and Lieutenant's promotional lists, promotions would commence, which would create two vacancies in the firefighter ranks. Despite trainees just being sworn in, they were still in a deficit by four. They expected to send two recruits to the RI Fire Academy at the end of February for a 12-week training. They were actively recruiting.

 

G. Council Vice President Burk – Discussion and possible vote on Resolution 2024-0001 establishing a

     Tiverton Semiquincentennial Commission to plan RI250 celebrations and to approve funds to

     advertise for applicants to the town elector positions

 

Councilor Edwards V motioned to establish a Tiverton Semiquincentennial Commission to plan RI250 celebrations and to approve funds to advertise for applicants to the town elector positions. Seconded by Councilor Edwards, the motion passed unanimously.

 

H. Councilor Edwards V – Discussion and possible vote on Board & Commission re-appointment policies

 

Councilor Edwards V motioned to table this item until the next meeting. Seconded by Councilor Milbourne, the motion passed unanimously.

 

I. Clerk Chabot – update on Property Fraud Alert Service and request funds to advertise new service

 

Councilor Edwards V motioned to approve the funds for the clerk to advertise the new service. Seconded by Councilor Milbourne, the motion passed unanimously.

 

J. Town Council 2024 Annual Calendar – Discussion and possible vote regarding April 22, 2024, meeting

Councilor Edwards motioned to change the April 22, 2024 council meeting date to April 24, 2024. Seconded by Councilor Janick, the motion passed unanimously.

 

K. Council President – Request a special meeting at the end of February regarding Casino Gaming and
                     American Recovery Funds

Council President deMedeiros suggested Tuesday, February 20, 2024, at 7:00 p.m. for the special meeting. There were no objections.

 

9. EXECUTIVE SESSION

A. Town Administrator – R.I.G.L. 42-45-5(a)(1) – Personnel – Discussion with Fire Chief related to his

     review and process of recommendation and evaluation of prospective candidate(s) for the position of

     Deputy Fire Chief vacancy

 

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

 

Council entered closed executive session at approximately 9:05 p.m.

Council returned to open session at approximately 9:44 p.m.

 

Councilor Paull motioned to seal the minutes of the Executive Session. Councilor Janick seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported that item 9A was discussion only.

 

10. ADJOURNMENT

Councilor Edwards V motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 9:45 p.m.

 

A True Copy.

 

ATTEST________________________________

                         Joan Chabot, Town Clerk