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, February 24, 2020 at 7:00 at the Tiverton Town Hall, 343 Highland Road.
Council President Hilton called the meeting to order with the pledge of allegiance to the flag.
Members present
| Council President Hilton | Councilor Perry | Council Edwards |
| Vice-President deMedeiros | Councilor Clarke | Town Clerk Mello |
| Councilor Cook | Councilor Driggs | Solicitor Marcello |
Members absent
BUSINESS BROUGHT BEFORE THE COUNCIL
President Hilton read the items on the Consent Agenda.
A. Approval of Town Council Minutes
1. February 10, 2020 – Regular Meeting (Councilor Edwards abstains)
2. February 10, 2020 – Executive Session (Councilor Edwards abstains)
3. January 29, 2020 – Special Meeting (Councilor deMedeiros abstains)
4. February 4, 2020 – Special Meeting (Councilors deMedeiros and Edwards abstain)
5. February 11, 2020 – Special Meeting (Councilors Edwards and Driggs abstains)
6. February 15, 2020 – Special Meeting (Councilors deMedeiros and Perry abstain)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Board of Canvassers – (1)
2. Historical Preservation Advisory Board – (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Police and Fire Department overtime reports – January 2020
2. Treasurer – Denise Saurette – January Budget and Revenue Reports
3. Town Administrator – Department Monthly Reports – January 2020
D. Acknowledge Receipt of Correspondence
1. Roger A. Bennis – Who owns the land west of Main Road?
2. Smithfield School Committee – Resolution recognizing Public Schools Week
E. Approval of Tax Assessor Abatements – None
Councilor Driggs removed Consent Agenda item 4-A-4.
Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-A-4. Councilor Perry seconded the motion. The Motion passed unanimously.
Councilor Driggs requested period be placed after the words “Councilor Perry” under Members Present.
Councilor Edwards motioned to approve Consent Agenda item 4-A-4. Councilor Perry seconded the motion. The Motion passed unanimously.
A. Union Public Library – Town Council Proclamation 200th Anniversary
In celebration for the Union Public Library’s 200th Anniversary, Council President Patricia Hilton read the Proclamation in its entirety. The Proclamation included that the Union Public was the 2nd oldest library in Newport County. Union Public Library Association President Gayle Lawrence spoke further about the many volunteers and noted that a tea (by reservation only) would be held on March 24 at Amicable Congregational Church hall, on the day the founders of the reading society met to sign a constitution.
Councilor deMedeiros motioned to adopt the relative Proclamation. Councilor Edwards seconded the motion. The motion passed unanimously.
A. Cultural Survival/Danae Laura – Approval of sound variance for Cultural Survival Bazaar at Tiverton Four
Corners Arts Center, 3852 Main Road July 25-26, 2020 from 10 am to 6 pm and approval of
special event permit (non-advertised)
Councilor Edwards motioned to approve the relative Sound Variance and Special Event permit. Councilor Driggs seconded the motion. The motion passed unanimously.
A. John Skrzypiec, 48 Island View Drive – Requests renewal of Private Detective License/subject to
meeting all legal requirements
Councilor Edwards motioned to approve the relative Private Detective License/subject to meeting all legal requirements. Councilor deMedeiros seconded the motion. The motion passed unanimously.
A. Annual Tree Warden Appointment to January 31, 2021
1. Jonathan Hathaway, JDH Landscaping and Tree Service, 1631 Fish Road – New request
Jonathan Hathaway was present and spoke briefly about his experience and desire for appointment to Tree Warden. He owned and JDH Landscaping and Tree Service and was in the process of reinstating his Arborist license.
Councilor President Hilton noted that as there were more than one candidate for one open position, per normal policy the vote would take place at the next meeting.
A. Chief Mollo – Request/Vote Award of Bid for EMS Third Party Billing services to Dawson Group, East
Providence, RI
Chief Mollo addressed Council recommending that The Dawson Group be awarded the EMS Third Party Billing services contract. He noted they were the only RI based company and that the majority of their clients are RI Fire Departments. He had interviewed other Fire Departments that claimed revenue increased after switching to Dawson Group.
Councilor deMedeiros expressed great concern about the $555k shortfall of the expected $650k revenue that was not collected since July. Solicitor Marcello cautioned that discussion should be limited to the current agenda item. Then asked that the item be tabled until next meeting. Councilor Hilton questioned the appropriateness of not accepting the lowest responsive bidder. Solicitor Marcello explained that many factors in addition to price, such as experience, location, recommendations etc. may support the selection. Chief Mollo assured Council that The Dawson Group was prepared to begin recoupment of outstanding reimbursements immediately.
Councilor Driggs motioned to Award the EMS Third Party Billing services Bid to Dawson Group. Councilor Edwards seconded the motion. The motion passed unanimously.
A. Joan Chabot/Tiverton Days 2020 - Request approval of Tiverton Days 2020 Town wide celebrations
( June 26, July 25 and July 26, 2020) to be Town sponsored events - subject to meeting all legal
requirements.
Joan Chabot addressed council to detail the three proposed Tiverton Days 2020 events. She noted that special event and sound variance applications would follow after the assurance of Town support and agreement to insure the events as it had in the past. Councilor Driggs questioned the acceptance and handling of donations. Solicitor Marcello weighed in noting that despite historical precedence, the Town holding funds by a private group was not good policy and a potential liability. He furthered that only appointed Boards and Commissions that discharge functions on behalf of the Town can be insured under the Town’s policy. He noted that a TULIP program offered by the Trust may potentially be an option. Ms. Chabot offered that she would return to the Committee to further research the holding of funds and insurance matters. Therefore, the matter would be continued until the next meeting.
Councilor Driggs motioned to follow the Solicitors advice to disallow the holding of funds for the Tiverton Days 2020 events. Councilor Cook seconded the motion. The motion passed 4-3, with Councilors Clark, Edwards and deMedeiros opposed.
Councilor Edwards motioned to continue item 11-A, to the next meeting. Councilor deMedeiros seconded the motion. The motion passed unanimously.
B. Councilor Hilton – Permission to advertise Public Hearing on amendment to Code of Ordinances
(Flood Plain Management Program) Chapter 67-2 – Applicability for language update per RIEMA
requirements - Building Official comments
Councilor Hilton explained that FEMA is requiring that certain flood panels (FIRM) need updating in the Ordinances to reflect new panels. Building Official Moore spoke briefly with regard to this standard requirement. Councilor Hilton noted that it must be adopted by June 19, 2020.
Councilor Edwards motioned to approve to advertise Public Hearing on amendment to Code of Ordinances
(Flood Plain Management Program) Chapter 67-2 – Applicability for language update per RIEMA
Requirements. Councilor Perry seconded the motion. The motion passed unanimously.
C. Councilor President Hilton – Update on Recycle Center by DPW Director Rick Rogers
DPW Director Rogers advised that for the last two weeks, Pare Engineering has been revisiting the station layouts, with an effort towards increasing efficiency, safety and reducing footprint. Also coordinating with DiPrete Engineering to provide site stakeout for potential work that the DPW could handle to reduce costs. He noted that the intent remained to keep site to under 5 acres, reminding that sites over 5 acres require longer DEM review time.
D. Councilor Cook – Discussion of potential RFP to hire a licensed qualified carpenter to do all the Town
building repairs within the estimated cost budgeted for the repair that was approved by the FTR
Councilor Cook prefaced that hers was a concept idea, as a solution to outstanding repairs and to eliminate the time consuming bid process. Director Rogers explained that many of the repair items do not need to go to bid, and that some of the information reported was not accurate. He advised that hiring by the hour, could easily create other logistical problems. He assured that the Town Hall, DPW, and Senior Center repairs/renovations were relatively minimal and were scheduled to commence in the spring.
Citizen Joseph Souza rose to question Director Rogers’s assessment, stating that roof bids had not yet commenced. Councilor Hilton replied that per State law, work under 15k did not require a formal bid process. She finished by adding that she had full faith in Director Rogers completing the necessary repairs by the end of the fiscal year.
E. Councilor Cook/Councilor Driggs – Discussion of re-establishment of Town Council Resolution
Municipal Facilities Committee and/or establishment of a Municipal Facilities Maintenance
Committee: duties, membership and charge of committee; vote to proceed with necessary enabling
resolutions
Councilor Cook explained that a previous Municipal Facilities Committee had expired in 2012, and forming a similar committee might be prudent to assist in the assessment of municipal building repair issues.
Councilor Edwards agreed with the concept, but offered that a draft resolution should accompany such a discussion in order to be productive. Councilor deMedeiros added that there has to be some commitment by the Budget Committee and the Town to ensure the Committees efforts all for naught. Discussion ended with Solicitor Marcello agreeing to assist Councilor Cook draft a resolution to present at a future meeting.
F. Councilor Hilton – DEM Notice/Tiverton Heights, Plat 110/Lot 127, Fish Road – Requesting
permission to alter freshwater wetlands in the Town of Tiverton; vote to refer to appropriate Town
boards or commissions for comments or concerns
Councilor Edwards motioned to refer DEM Notice/Tiverton Heights, Plat 110/Lot 127, Fish Road to the appropriate Town Boards or Commissions for comments or concerns. Councilor Perry seconded the motion. The motion passed unanimously.
G. William McLaughlin
1. Town building maintenance issues
2. Responsibility of oversite of various Boards and Commissions
William McLaughlin and Joseph Souza approached Council questioning Council relative to oversite and plans for Town building maintenance. Each raised concerns of lack of leadership with various Boards and Commissions operating with little Council guidance. Council President Hilton responded by referencing a recent report by Library Director Catherine Damiani that specifically detailed repairs and progress. Souza furthered discussion relative to the budgeted monies, necessary Library building repairs and previous poor workmanship/specs and materials used. Discussion became contentious, necessitating President Hilton to call for a brief recess. When discussion resumed, President Hilton reminded that the Library Committee had hired a licensed, qualified contracting firm to build the Library. She furthered that the Library Director and the DPW Director have done a good job addressing the repair issues. Councilor Driggs interjected that she was concerned about rumors that substandard or incorrect materials were used during construction. Councilor Hilton agreed any future building projects should include hiring our own engineer/inspector. Councilor Cook weighed in noting that an ordinance should be adopted relative to any future large building projects. Councilor deMedeiros answered the question of oversite, noting that per Charter, the Town Administrator oversees Boards and Commissions.
H. Councilor Edwards – Industrial Park projects update request from Planning Board
Councilor Edwards prefaced by noting that he wished to address any potential Industrial Park development delays or Ordinance insufficiencies. Planning Board Chair Susan Gill began noting they have two projects currently. One has gone through master plan approval. The Planning Board agreed that, given that the building official was new, that it should have a full public hearing process, given its Route 24 frontage. The second projects’ concept plan came before the Planning board in September. Given that a portion of the property was located in the Stafford Pond Watershed Overlay District, an Environmental Review Statement was requested as well as a full public hearing process to ensure that all of the required steps were followed. To date, no master plan application had been submitted for review. Council President Hilton questioned the expedited review process. Gill responded that due to insufficient staffing/lack of a Planner, the process has still taken approximately two years.
I. Council President Hilton – Possible Appointment of Town Clerk Nancy Mello as Acting Town
Administrator pursuant to Charter Section 504
Per the Solicitor’s recommendation, the item was tabled until post executive session.
J. Town Clerk – Request Funding for 2020 New England Municipal Clerks' Institute and Academy for
Deputy Clerk attendance July 11-17, 2020 - $1075.00
Clerk Mello explained that there was an opportunity for the Deputy Clerk to attend this training towards getting her Municipal Certification. She offered that if there was insufficient monies for this, there was an available grant that would be applied for upon Council denial. The Council confirmed that there was no available funds but encouraged the scholarship application be sent.
K. Town Administrator – Possible Vote to Ratify Proposed Three-Year Contract with Teamsters, July 1,
2019 – June 30, 2022
Council President Hilton asked that the item be tabled until post executive session.
A. Town Solicitor
1. Cook v. Tiverton Town Council/Solicitor Response to Attorney General Complaint
2. Justin Katz v. Town of Tiverton/ Solicitor Response to Attorney General Complaint
3. Katz v. Tiverton Board of Canvassers – OMA complaint filed with Attorney General
Solicitor Marcello noted that the Town had responded to both items 1 and 2. Item 3 had been recently received and not yet responded to.
A. Council President Hilton - RIGL 42-46-5(a)(1) - 42-46-5 (a)(1) – Discussions of Job Performance,
Character, or Physical or Mental Health of a Person or Persons Provided that Such Person or Persons
Affected May Require that the Discussion Be Held in Open Session – Town Administrator Reitsma –
Notice given
B. Councilor Cook – RIGL 42-46-5 (a)(4) – Any investigative proceedings regarding allegations of
misconduct, either civil or criminal – Department of Public Works
C. Town Administrator – 42-46-5 (a) (2) – Collective Bargaining – Teamsters
1. Update on Proposed Three Year Contract with Teamsters, July 1, 2019 – June 30, 2022
Councilor deMedeiros motioned to enter Executive Session pursuant to 42-46-5 (a) (1) – Discussions of Job Performance, Character, or Physical or Mental Health of a Person or Persons Provided that Such Person or Persons Affected May Require that the Discussion Be Held in Open Session – Town Administrator Reitsma –
Notice given. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor deMedeiros motioned to enter Executive Session pursuant to 42-46-5 (a) (2) – Any investigative proceedings regarding allegations of misconduct, either civil or criminal – Department of Public Works. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
Councilor deMedeiros motioned to enter Executive Session pursuant to 42-46-5 (a) (2) – Collective Bargaining Teamsters - Update on Proposed Three Year Contract with Teamsters, July 1, 2019 – June 30, 2022. Councilor Perry seconded the motion. The motion passed unanimously on a roll call vote.
The Council entered Executive Session at approximately 9:14 p.m.
The Council returned to Open Session at approximately 10:30 pm.
OPEN SESSION
Solicitor announced the closed session was adjourned and there was a motion to seal the minutes.
Councilor Edwards motioned to seal the minutes of Executive Session. Councilor Hilton seconded the motion. The motion passed unanimously.
Solicitor announced there was discussion only and no votes were taken relative to the Town Administrator’s Performance Evaluation.
Regarding DPW there matter was tabled pending further information.
Regarding Collective Bargaining on Teamsters Proposed 3-year contract, there was a technical issue and proper contract not posted. Ratification will be placed on Saturday’s agenda.
Regarding item 11J the Town Administrator is out on medical leave. Looking to appoint Town Clerk as Acting Administrator for up to 35 days as stated in Charter.
Councilor Perry motioned to appoint Town Clerk Nancy Mello as Acting Town Administrator for up to 35 days per Charter. Seconded by Councilor Edwards, motion passed unanimously. Discussion regarding stipend will be placed on Saturdays’ agenda.
Councilor Edwards motioned to adjourn the meeting. Councilor deMedeiros seconded the motion. The motion passed unanimously. The meeting adjourned at 10:40 pm.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk