STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS COUNTY OF NEWPORT
The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Council Meeting on
Monday, December 28, 2020 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.
Members present
| Council President deMedeiros | Councilor Perry | Council Edwards |
| Council Vice-President Burk | Councilor Janick | Councilor Cook |
| Councilor Vieira | | |
Town Administrator Cotta, Solicitor Marcello, Assistant Solicitor DeCosta, Clerk Chabot and Deputy Clerk Veegh were also present.
Council President deMedeiros requested a moment of silence to remember 10 year old Shawn “Shawny” Smith, who lost his courageous battle with cancer on Sunday, December 13, 2020.
BUSINESS BROUGHT BEFORE THE COUNCIL
President deMedeiros read the items on the Consent Agenda.
Note 3: 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. December 14, 2020 – Regular Session
2. December 14, 2020 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Planning Board (1)
2. Board of Canvassers (1)
C. Acknowledge Receipt of Reports
1. Treasurer – Denise Saurette – November Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence - None
Councilor Burk removed item A-1.
Councilor Cook removed item B-2.
Councilor Perry motioned to approve Consent Agenda items with the exception of 4-A-1 and B-2. Councilor
Burk seconded the motion. The motion passed unanimously.
Councilor Burk, noting the term “relative” used in the motion lacked specificity, requested the minutes be updated to approve the extension of the contract with Mega as described in the memo dated December 7, 2020.
Councilor Burk motioned to approve Consent Agenda item A-1 as amended. Councilor Perry seconded the motion. The motion passed unanimously.
Councilor Cook requested clarification on Budget Committee write-in vote certification processes and the three Budget Committee vacancies. Solicitor Marcello explained that the BOC was only certifying the people who received the write in votes, not that they were elected. He referenced Section 202 from the Charter whereas a qualified candidate is a person who declared for the vacated position, obtained the requisite signatures to appear on the ballot, and appeared on the ballot in the election. Therefore, the three vacancies must now be advertised.
Councilor Cook motioned to approve Consent Agenda item B-2. Councilor Burk seconded the motion. The motion passed unanimously.
The Public May Send Written Comments via email to publiccomment@tiverton.ri.gov or by regular
mail to the Town Clerk at 343 Highland Road, Tiverton, RI 02878 or place in the grey drop box located
outside Town Hall by 12:00 noon on Monday, September 28, 2020
A. Comments received - none
Jonathan A. Cottrell – in support of Geraldo Queiroz/Buddies & Brothers, Inc
Councilor deMedeiros read the email in support of Geraldo Queiroz/Buddies & Brothers, Inc into the record.
A. Library Board of Trustees – (7) Member Board - (3) Year Terms - (2) Vacancies
1. Kim Sutherland, 199 Furey Avenue - Requests re-appointment to expire 10/15/2023
Councilor Perry motioned to waive policy and proceed to re-appointment. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Perry motioned to approve the aforementioned re-appointment. Seconded by Councilor Edwards, the motion passed unanimously.
(Advertised Public Hearing)
A. Geraldo Queiroz/Buddies & Brothers, Inc., 77 Main Road, Tiverton, RI 02878 – Requests Approval
for BV Liquor and Entertainment Licenses – Subject to meeting all legal requirements
President deMedeiros opened the Public Hearing. Administrator Cotta asked multiple times if any members of the public wished to speak; there were none. Public hearing was then closed.
Councilor Perry motioned to approve the BV Liquor license subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Perry motioned to approve the Entertainment license subject to meeting all legal requirements. Seconded by Councilor Vieira, the motion passed unanimously.
(Non-advertised)
B. Geraldo Queiroz/Buddies & Brothers, Inc., 77 Main Road, Tiverton, RI 02878 – Requests Approval
for Victualing License – Subject to meeting all legal requirements
Councilor Perry motioned to approve the aforementioned Victualing license. Seconded by Councilor Edwards, the motion passed unanimously.
A. Councilor Cook – Requesting bi-weekly reports/updates from Town Administrator and monthly
litigation updates from Solicitor Marcello
Councilor Cook opined that Town Administrator and Solicitor reporting has been inconsistent and requested regular reports/updates from each. After discussion, it was agreed that Administrator Cotta and Solicitor Marcello would provide Council with regular reporting. Councilor deMedeiros reminded that any councilor could request specific updates via a written agenda request.
B. Councilor Cook – Discussion and possible vote on recycling questions/concerns from public
commenter Edward Ward - continued from 12-14-20
DPW Director Rogers spoke as well as provided comprehensive written feedback with respect to Mr. Ward’s written concerns about the Town’s recycling containers and curbside pick-up methods. His report covered historical information as well as included pros/cons of manual v. automated pickup.
Councilor Cook requested that Director Rogers’ report and the power point presentation from the 2019 Solid Waste Planning workshop be sent to Mr. Ward. Director Rogers noted that a resident could use their own recycle container provided they were clearly marked for recycling and less than 35 lbs.
With regard to Mr. Ward’s question about the street light out on Starlit Dr., Director Rogers updated that Prism, the company that does street light maintenance would inspect the light to see if the bulb can be replaced or if repairs need to be made.
C. Administrator Cotta – Request from Superintendent Sanchioni to consider funding $132,188 for
replacement of a wind damaged light pole station at Tiverton High School track.
Superintendent Sanchioni addressed Council requesting funds to replace a 70 foot light pole at the high school track. It was believed that high winds/defective welds caused the collapse of a light pole at the high school earlier in the spring that was covered by insurance. A subsequent inspection report recommended the removal of a second pole. Installed in 2008, the lights were no longer under warranty. Sanchioni described the high school field as “a town resource” used by many residents at night.
Councilor deMedeiros said no funds were available and did not believe the matter an emergency. When asked why the pole taken down couldn’t be repaired, the Superintendent contended the engineering report recommended not repairing it. Administrator Cotta believed there were less costly repair options to rectify the matter. Councilor Edwards, disturbed that failures happened after only 12-15 years, wondered why the existing light assembly couldn’t be put on a new pole. Councilor Cook, concerned about improper welding and lack of post installation inspections, suggested revisiting warranty and insurance options. The Superintendent said all options had been pursued.
Administrator Cotta said with casino revenue one-tenth of what it was before the pandemic, capital requests for fiscal 2022 won’t all be funded. Councilor Perry offered to reach out to members of the community for possible fund raising efforts.
D. Administrator Cotta – Discussion and potential workshop dates with Tiverton Wastewater Mgmt.
Administrator Cotta introduced LeRoy Kendricks to discuss general concerns related to the sewer program and OnSite waste water management and to potentially set up a future workshop.
LeRoy Kendricks, quoting from the 2003 Onsite Wastewater Management Plan (OWMP), explained it was a “toolbox of strategies designed to ensure the proper design, location, construction, function and maintenance of onsite wastewater treatment systems.” He said of roughly 6000 on-site wastewater management systems in town, 90 percent of the wastewater is disposed through on-site systems with only about 730 sewer customers.
Mr. Kendricks explained when properly developed/implemented, on-site wastewater management plans help preserve and improve the quality of ground and surface water resources and provide cost-effective alternative to sewers. He highlighted principal components: public outreach, education, technical assistance, septic system inspection/maintenance programs, zoning and subdivision provisions related to septic system setbacks, performance standards and financial incentive program for repair/upgrade of failing and substandard systems.
He noted a corresponding wastewater ordinance and management commission had been formed at the time to implement the management plan, however, due to under funding and resourcing, only 10 percent of the plan had been implemented. He believed the plan as well as the ordinance needed updating and realistic budgets set.
Councilor deMedeiros favored a workshop that included the budget committee as well as the development of a sub-committee to bring substantive ideas back to the Council. Mr. Kendrick’s agreed and suggested a Council liaison as well. Councilor Janick, a former Budget Committee member, agreed with Budget Committee involvement.
After brief discussion, the Council agreed to hold a workshop on Tuesday, January 26 at 7pm via Zoom. The Clerk’s office would notify the Budget Committee. Councilors Perry and Edwards expressed interest in serving as liaisons with Tiverton Waste Water. Mr. Kendricks agreed to meet with the liaisons and draft the workshop agenda.
E. Administrator Cotta – Request to advertise RFQ for part time Assistant Town Solicitor for Prosecution
Administrator Cotta explained the current district/municipal court prosecutor tendered his notice for retirement, with services ending December 31, 2020. Thus, Chief Jones had requested permission to advertise and hire accordingly for the vacant position.
Councilor Perry motioned to approve the aforementioned request to advertise. Seconded by Councilor Cook, the motion passed unanimously.
F. Administrator Cotta – Request street acceptance for Harbor Ridge Lane
Administrator Cotta informed Council that during the recent snow storm, the street had not been plowed as it was not yet a formally accepted road. The completed project was supposed to have come before Council on June 17, 2020 for acceptance, however did not due to ministerial oversight. He affirmed the HOA had been created/filed with the Secretary of State, and the DPW has approved, therefore he recommended the road now be accepted. After acceptance, the remaining $15,000 surety would go back to Planning Board for potential release.
Councilor Burk motioned to approve the acceptance of Harbor Ridge Lane. Seconded by Councilor Janick, the motion passed unanimously.
G. DPW Director Rogers – Request to hire Xtreme Grinding to grind landfill yard waste – cost not to
exceed $16,000
DPW Director Rogers explained this was an annual or semi-annual request that involves grinding of yard waste that is then used as part of the landfill daily cover material.
Councilor Cook motioned to approve the Request to hire Xtreme Grinding to grind landfill yard waste at a cost not to exceed $16,000. Seconded by Councilor Janick, the motion passed unanimously.
H. DPW Director Rogers - Request to advertise position and hire DPW part time mechanic
DPW Director Rogers advised Council that the current part time mechanic had tendered his resignation effective December 24, 2020.
Councilor Vieira questioned why the position didn’t require a Certified Diesel mechanic. Director Rogers explained it would be difficult to find given the pay rate and lack of benefits. Administrator Cotta suggested at least requesting diesel certification in the job specifications, concerned with liability issues. Councilor Perry cautioned against not having properly certified mechanics. This concern was echoed by Fire Chief Reimels who explained the lack of certification necessitates an expensive process to use outside vendors.
Councilor Burk motioned to approve the request to advertise position and hire a DPW part time mechanic with the addition of language that evt or diesel certification is preferred. Seconded by Councilor Perry, the motion passed 6-1, with Councilor Vieira opposed.
A. Town Administrator – Update on Town audit
Administrator Cotta noted that the audit was delayed until January 31, 2020.
B. Councilor deMedeiros – Discussion on initial budget workshop and potential dates
Councilor deMedeiros noted according to the charter the joint workshop is required before January 15th. Council choose the date options of Jan 7th or Jan 14th to propose to the School Department and Budget Committee for selection.
C. Councilor deMedeiros – Discussion on Town Council policy regarding agenda items
Councilor deMedeiros reminded that all agenda requests and supplemental backup be submitted to the Clerk prior to the Tuesday agenda meeting which happens a week before the Monday meeting.
A. Councilor Cook – Potential Litigation 42-46-5(a)(2) - Litigation strategy and legal options related to
withholding of minimum revenue payment from State of Rhode Island
B. Administrator Cotta - RIGL 42-46-5(a)(5) - Discussions/overview of the disposition of publicly held
property in the Tiverton Industrial Park
C. Solicitor Marcello - RIGL 42-46-5(a)(2) - Awashonks Realty v. Town Of Tiverton – Update and
approval of final settlement agreement as negotiated by the Rhode Island Interlocal Trust
Councilor Burk motioned to enter executive session pursuant to 42-46-5(a)(2) - Litigation strategy and legal options related to withholding of minimum revenue payment from State of Rhode Island. Seconded by Councilor Janick, the motion passed unanimously by roll call vote.
Councilor Burk motioned to enter executive session pursuant to 42-46-5(a)(5) - Discussions/overview of the disposition of publicly held property in the Tiverton Industrial Park. Seconded by Councilor Perry, the motion passed unanimously by roll call vote.
Councilor Burk motioned to enter executive session pursuant to 42-46-5(a)(2) - Awashonks Realty v. Town Of Tiverton – Update and approval of final settlement agreement as negotiated by the Rhode Island Interlocal Trust. Seconded by Councilor Perry, the motion passed unanimously by roll call vote.
Council entered executive session at approximately 9:31 p.m.
Council returned to open session at approximately 11:12 p.m.
Councilor Perry motioned to seal the minutes of Executive Session. Councilor Vieira seconded the motion. A roll call vote was taken to seal the minutes of the executive session with all members voting in the affirmative.
The solicitor reported that in executive session that no votes were taken under Item 10 A.
Under Item 10B, instructions related to the potential sale of town own land were given to the Town Administrator the disclosure of which shall remain sealed pursuant to 42-46-4(b).
As to Item 10C, the Council approved the terms of a settlement agreement the disclosure of which is premature pursuant to R.I.G.L. 42-46-4(B) until all documents have been executed and finalized.
Councilor Perry made a motion to adjourn the meeting. Councilor Burk seconded the motion. The motion passed unanimously by hand vote. The meeting adjourned at 11:19 p.m.
A True Copy.
ATTEST_________________________
Joan B. Chabot, Town Clerk