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 Tuesday, October 15, 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              Vice President Michael S. Burk                                  Deborah G. Janick
Jay P. Edwards                                                   David J. Paull                                                                      John G. Edwards V
Dennis J. Milbourne

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

 

4. FIRST EXECUTIVE SESSION - The Town Council may vote to go into executive session in accordance with
     the RI Open Meetings Act to discuss and or act upon the following items: 

               

                A. Town Administrator – RIGL 42-46-5(a)(2) Collective Bargaining – Discussion and possible vote on

                     IAFF Local 1703 (Tiverton Fire) labor negotiations

 

Councilor Edwards motioned to enter into Executive Session for agenda item 4A. Councilor Edwards V seconded the motion, the motion passed unanimously.

 

The council entered a closed executive session at approximately 7:01 p.m.

 

5. RECONVENE in OPEN SESSION and Sealing of Executive Session Minutes

 

The Council returned to open session at approximately 7:21 p.m.

 

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

 

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

 

8. GENERAL BUSINESS

 

A. Town Administrator – Discussion and possible vote to ratify the proposed IAFF Local 1703 (Tiverton
     Fire) contract and fiscal impact statement

 

Council President deMedeiros motioned to ratify the IAFF Local 1703 (Tiverton Fire) contract and fiscal impact statement, contract will begin June 2025, and end June, 2028, plus specific items as agreed starting immediately. Seconded by Councilor Paull, the motion passed unanimously.

 

BUSINESS BROUGHT BEFORE THE COUNCIL

Council President deMedeiros read the items on the Consent Agenda.

 

6. 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. September 23, 2024 – Regular Meeting (Councilors Edwards V and Milbourne abstain, absent)

     2. September 23, 2024 – Executive Session (Councilors Edwards V and Milbourne abstain, absent)

     3. September 30, 2024 – Special Meeting (Councilors Edwards V and Milbourne abstain, absent)

    

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

     2. Economic Development Commission – (1)
     3. Litter Committee – (1)
     4. Cemetery Commission – (1)

    

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – September 2024

     2. Town Administrator – Police and Fire Department Overtime Reports – September 2024

D. Acknowledge Receipt of Correspondence
     1. Discover Newport – Letter re: Board member term by-law change
     2. Energy Facility Sitting Board - Decision and Order re: Tiverton Tap Rebuild Project

 

E. Acknowledge Final document – Ordinance 2024-0013 Appendix A Zoning, Article IV, District Use

     Regulations, and Article XXIV – Solar Energy Systems with the update to Section 4 (a)(6)

 

Councilor Burk removed item D-1.

 

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

 

Councilor Burk commented on the Discover Newport bylaws changes specifically regarding two year appointment term limits. Noting the difficulty in finding representatives, suggested our representative Meredith Brower should seek to have that changed.

 

Councilor Burk motioned to approve Consent Agenda item D-1.  Seconded by Councilor Edwards V, the motion passed unanimously.

 

7. PUBLIC COMMENTS

 

Joseph Sousa of 49 Hancock, detailed being unlawfully arrested for the second time in two years, related to a no trespassing order for Local Z’s bar on 2 Stafford Road. Noting both cases had been dismissed, he described the details of the most recent arrest in August, that happened on the same day he had sent photos to the building inspector of sewer water being pumped out of the rear of Local Z’s bar. He stated he tried to explain to the officers that 2 Stafford Road included the restaurant, and two other rental units, one of them being a garage rented by a friend who he frequently visits and that the person who filed the trespass order, was not the property owner. He stated he wasted time having to appear in court four times, as well as lack of officer training related to commercial trespass basics. 

 

8. GENERAL BUSINESS

 

B. Open Space Commission/Garry Plunkett - Invitation for council members to attend a dedication
     ceremony for new interpretive signs in Weetamoo Woods on Sunday, October 20, 2024, at 1 pm

 

Resident Garry Plunkett, long time OpenSpace Commission affiliate, invited the Council to attend the dedication ceremony for the interpretative signage that is designed to relay two fascinating historical stories to visitors.

 

C. Conservation Commission/Thomas Ramotowski – Discussion and possible vote to approve sending

     letter regarding underground oil tanks

 

Conservation Commission Chair Thomas Ramotowski explained the request to send letters to residential oil delivery companies was an attempt to generate lists of active underground oil tanks so that said tanks could be inventoried and inspected to determine potential oil leakage.

 

Councilor Edwards V motioned to authorize the Conservation Commission to send the letters. Seconded by Councilor Janick, the motion passed unanimously.

 

D. Councilor Edwards – Discussion and possible vote to send a formal letter to CRMC requesting
     immediate dismissal of the Bowen Aquaculture Lease #2020-04-037

 

Councilor Edwards explained his recommendation that the Council send the letter as an important symbolic attempt to persuade CRMC to dismiss the Bowen Aquaculture Lease.

 

Tiverton property owner Donald Libby addressed Council as one of three individual groups actively engaged as official objectors to the Bowen Aquaculture application. He explained the arguments to CRMC, and the various grounds as to why he believed the application should be dismissed. In addition to a letter to CRMC, he suggested a formal petition, or pleading, to CRMC and RIDEM to question the interpretation of the law. As a practicing attorney, he offered assistance, if need be.

 

Councilor Burk motioned to approve sending the letter to CRMC, which includes that a petition may be forthcoming. Seconded by Councilor Janick, the motion passed unanimously.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

E. Councilor Paull – Update on DPW Oil spill

 

Administrator Cotta explained the leak of approximately 350 gallons, was immediately reported to RIDEM and contained by Weston Oil team. He described that one of four interior tanks had a leak that was not visible inside a shed. The shed and foundation were removed and soil from 5 to 6 feet deep will be sent to a contamination site for disposal. He had given the DPW Director direction to rebuild the foundation and two double walled tanks will be installed. He stated that RIDEM, Weston Oil and the state Fire Marshall were satisfied the contamination had been contained and a final report was forthcoming. He added that the town would be disputing the insurance company’s denial of coverage. He noted that total cost estimates should be well under $100,000.00.

 

F. Police Chief Jones – Discussion and possible vote to accept $24,970.00 from USDA Community

     Facilities Grant to offset the purchase of PFAS gear for the Fire Department

 

Councilor Burk motioned to accept $24,970.00 from USDA Community Facilities Grant to offset the purchase of PFAS gear for the Fire Department. Seconded by Councilor Janick, the motion passed unanimously.

 

G. DPW Director Rogers – Discussion and possible vote to approve spending approximately $20,000 to

     install a rebuilt transmission in the 2015 Mack Dump Truck

 

Councilor Edwards V motioned to approve the expenditure of up to $20,000 to install a rebuilt transmission for the Mack Dump Truck as requested by the Director. Seconded by Councilor Edwards, the motion passed unanimously.

 

H. DPW Director Rogers – Discussion and possible vote to approve the time frame after Christmas,

     beginning Thursday, December 26, 2024, and ending Tuesday, December 31, 2024, to be a PAYT

     Trash Bag Holiday and to approve funding to advertise the PAYT Trash Bag Holiday time frame and

     the Christmas Tree curbside pickup schedule in the Sakonnet Times

 

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

 

I. Council President deMedeiros – Discussion and possible vote to approve Resolution 2024-0016 to

    appropriate funds from the Casino Special Revenue Fund Account

1.       Request for additional appropriation for DPW pickup truck with plow package not to exceed $65,000

 

Councilor Burk motioned to accept Resolution 2024-0016 to appropriate funds from the Casino Special Revenue Fund Account with the addition of the DPW pickup with plow package for $65,000 bringing the total
appropriation to $2,376,765.00. Seconded by Councilor Paull, the motion passed unanimously.

 

J. Council President deMedeiros – Discussion and possible vote to approve Resolution 2024-0017 to

    update the membership list and update project completion no later than December 31, 2025, for

    the Town Farm Renovation Committee

 

Councilor Burk motioned to approve Resolution 2024-0017 to update the membership list and update project completion no later than December 31, 2025, for the Town Farm Renovation Committee. Seconded by Councilor Edwards V, the motion passed unanimously.

 

K. Council President deMedeiros – Discussion and possible vote to approve an amendment to Resolution

    2023-0018 to extend the due date for the committee report to December 31, 2025, for the Public

    Safety Complex Committee

 

Councilor Edwards V motioned to approve amendment to Resolution 2023-0018 to extend the due date for the committee report to December 31, 2025, for the Public Safety Complex Committee. Seconded by Councilor Paull, the motion passed unanimously.

 

L. Council President deMedeiros – Resignation Acceptance of Christopher Cotta as Town Administrator

                    1. Approval of funds to advertise for Town Administrator

 

Councilor Edwards motioned to accept Christopher Cotta’s resignation with regret and thanks for his service. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Councilor Burk motioned to approve funds to advertise for Town Administrator. Seconded by Councilor Edwards V, the motion passed unanimously.

 

9. SECOND EXECUTIVE SESSION - The Town Council may vote to go into executive session in accordance with
       the RI Open Meetings Act to discuss and or act upon the following items: 

 

A. Town Administrator - RIGL 42-46-5(a)(5):  discussion related to the acquisition or lease or purchase of

     real property for public purposes where the early disclosure would be detrimental to the public

     interest

 

Councilor Burk motioned to enter into Executive Session for agenda item 9A. Councilor Edwards V seconded the motion, the motion passed unanimously.

 

The council entered a closed executive session at approximately 8:25 p.m.

 

10. RECONVENE in OPEN SESSION and Sealing of Executive Session Minutes

 

The Council returned to open session at approximately 8:54 p.m.

 

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

 

Solicitor Marcello reported that item 9A was discussion only, no votes taken.

 

11. ADJOURNMENT

 

Councilor Burk motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 8:55 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                        Joan B. Chabot, CMC    Town Clerk