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, January 13, 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.
| Council President Hilton | Councilor Perry | Town Administrator Jan Reitsma |
| Vice-President deMedeiros | Councilor Clarke | Town Clerk Mello |
| Councilor Cook | Councilor Edwards | Solicitor Marcello |
| Councilor Driggs | | |
BUSINESS BROUGHT BEFORE THE COUNCIL
President Hilton read the items on the Consent Agenda.
A. Approval of Town Council Minutes
1. November 25, 2019 – Regular Meeting
(Councilor deMedeiros abstains – absent)
2. December 9, 2019 – Regular Meeting
(Councilor Driggs abstains – absent)
3. December 9, 2019 – Executive Session
(Councilor Driggs abstains – absent)
4. December 3, 2019 – Special Meeting
5. December 4, 2019 – Special Meeting Executive Session
(Councilor Driggs and Councilor Cook abstain – absent)
6. December 10, 2019 – Special Meeting
(Councilor Driggs and Councilor Cook abstain – absent)
7. December 11, 2019 – Special Meeting Open Session
(Councilor Driggs and Councilor Cook abstain – absent)
8. December 11, 2019 – Executive Session
(Councilor Driggs and Councilor Cook abstain – absent)
9. December 16, 2019 – Special Meeting Open Session
(Councilor Driggs and Councilor Cook abstain – absent)
10. December 16, 2019 – Executive Session
(Councilor Driggs and Councilor Cook abstain – absent)
11. December 18, 2019 – Special Meeting
12. January 7, 2020 – Joint Workshop
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Historical Preservation Advisory Board - (2)
2. Open Space and Land Preservation – (4)
3. Tree Committee – (1)
4. Planning Board – (2)
C. Acknowledge Receipt of Reports
1. Treasurer – Denise Saurette – November Budget and Revenue Reports
2. Town Administrator – Departments’ Monthly Reports – December 2019
3. Town Administrator – Police and Fire Department Overtime Reports – December 2019
D. Acknowledge Receipt of Correspondence
1. Office of the Attorney General Granting Extension to January 31, 2020 for Submission of Audited
Financial Reports
2. Town of Charleston – Resolution in Support of Fully Funded E-911 Statewide and Municipal
Services
3. Tiverton Senior Center – January Newsletters
E. Approval of Tax Assessor Abatements
F. Climate Change Primer – Presentation at Tiverton Public Library - Thursday, February 6, 2020
G. Town Administrator Reitsma/Chief Jones - Request to Advertise and Create Eligibility Lists for
Police Officer and Dispatch Positions
H. Approval of National Grid Poles Petition – Edwards Ave. Poles 6-4 & 6-6
Councilor Driggs removed Consent Agenda item A-3 and A-5.
Councilor Perry removed Consent Agenda item G.
Councilor Hilton removed Consent Agenda item F.
Councilor Perry motioned to approve Consent Agenda items with the exception of A-3, 4-5, G and F. Councilor Edwards seconded the motion. The Motion passed unanimously.
Councilor Driggs wished to clarify A-3 was a December 9th meeting rather than the spoken December 19th. Regarding A-5, Driggs noted that Councilor Cook and Driggs were present at the open session of the December 4th meeting. Clerk Mello clarified that the absent notation was for the executive session only, and the December 4th minutes would be forthcoming.
With regard to item G., Councilor Perry asked if there were foreseeable retirements/vacancies or was this to establish a future list. Councilor deMedeiros acknowledged that there were 2 police department vacancies with the potential of a 3rd by the summer.
Councilor Hilton noted that there was an upcoming Climate Change Primer presentation/non-partisan discussion being held at the Tiverton Public Library on February 6th sponsored by the Tiverton Public Library, Union Public Library, Tiverton Harbor Commission and the Open Space Commission.
Councilor Edwards motioned to approve Consent Agenda items A-3, 4-5, G and F. Councilor deMedeiros seconded the motion. The Motion passed unanimously.
Town Sergeant Kelly Levesque announced her recusal from any Tiverton Days discussion, per the recommendation/advisory opinion from the State Board of Ethics.
Resident George Alzaibak addressed the Council noting his disappointment of postponed agenda requests/approvals of Tiverton Days and related event requests. He asserted that the same request process has been followed and that previous Councils have had no issues with similar approvals in years past. He furthered that the Recreation Department had already approved the events. Councilor Hilton responded indicating there clearly were differences of perception on the matters and that the events proposed are of a significantly greater magnitude than previous approved events. She furthered that the size and scope of the proposed events warrant that the Town ensure a clear cut understanding of responsibility/liability. She noted there was an internal meeting scheduled for tomorrow to identify issues and ensure appropriate plans were in place prior to meeting with the Tiverton Days group. Councilor Hilton assured Mr. Alzaibak that every effort was being made to place the items on the next Council meeting agenda.
A. Harbor Commission - (9) Member Board (2) Year Terms (1) Vacancy
1. Andrew Sumberg, 123 Winnisimet Drive - Requests NEW Appointment to Expire 7/15/21
Councilor deMedeiros motioned to approve to approve the appointment of Andrew Sumberg to Harbor Commission to expire 7/15/21. Councilor Edwards seconded the motion. The motion passed unanimously.
B. Library Board of Trustees - (7) Member Board (3) Year Terms (1) Vacancy
1. Sanford M. Mantell, 80 Bud Way -–Requests NEW Appointment to Expire 10/15/22
Mr. Mantell shared with the Council his interest in serving on the Board. He felt the Tiverton Library has grown to be a true community facility and though his background was not in library sciences, the Board would benefit from his diversity.
Councilor deMedeiros motioned to waive normal policy for appointments. Councilor Edwards seconded the motion. The motion passed 5-2, with Councilors Cook and Driggs opposed.
Councilor deMedeiros motioned to approve to approve the appointment of Sanford M. Mantell to Library Board of Trustees to expire 10/15/22. Councilor Edwards seconded the motion. The motion passed 5-2, with Councilors Cook and Driggs opposed.
A. Town Administrator Reitsma/Fire Chief Mollo – Request Approval to Advertise RFP for Third Party
Billing Services for Emergency Medical Services Provided by the Tiverton Fire Department
Fire Chief Mollo addressed the Council explaining that fire departments across the State have used third party billing services to handle EMS billing. He noted that the part time administrative assistant had recently left, and that using an outside agency would eliminate the need to replace the position. He noted additional benefits would be realized by not having to update software needed to process billing.
Councilor Cook motioned to approve the relative request to Advertise RFP for Third Party Billing Services for Emergency Medical Services Provided by the Tiverton Fire Department. Councilor Edwards seconded the motion. The motion passed unanimously.
B. Town Administrator Reitsma – Request by Tiverton Superintendent Sanchioni for Approval to Waive
Building Permit Fees for the Middle and High School Bathroom Renovations
Councilor Edwards made a motion to approve the relative request to Waive Building Permit Fees for the Middle and High School Bathroom Renovations. Councilor Perry seconded the motion. The motion passed unanimously.
C. Town Administrator Reitsma – Approval of Budget Transfer from 1020-6890 (Council Contingency)
To 1020-7259 (League of Cities & Towns) for $4040
Councilor Driggs voiced two concerns, the first relative to the 11/25/19 agenda wording not specifically indicating that funding was to be discussed. Secondly, she had concerns that the FTR budget did not fund the Cities of Leagues and Towns. Councilor Edwards noted for the record that under the Charter, the Council has the authority to move money around as they see fit. Councilor Cook respectfully disagreed, citing that the FTR had a zero amount in each budget. She furthered that other power options also saved money without the requirement to join the League. Councilor Hilton added that the Town Administrator had also negotiated with the League to prorate the fee for the year. After back and forth discussion, Solicitor Marcello confirmed the assertion that the Council did have the authority to move funds in the budget that is presented, even in that line item is zero.
Councilor Edwards motioned to approve the relative Budget Transfer from 1020-6890 (Council Contingency)
To 1020-7259 (League of Cities & Towns) for $4040. Councilor Perry seconded the motion. The motion passed 5-2, with Councilors Cook and Driggs opposed.
D. Councilor Hilton – Appointment of Susan Gill as Planning Administrative Officer
Councilor Hilton noted that subcontracted Attorney Fabisch was no longer handling Planning Administrative Officer duties. By state law, we must have an AO for the Planning Board, therefore Planning Board Chair, Susan Gill, had again agreed to volunteer for a short term to serve as AO until a Planner was hired.
Councilor Edwards made a motion to approve the Appointment of Susan Gill as Planning Administrative Officer. Councilor deMedeiros seconded the motion. The Motion passed unanimously.
E. Councilor Hilton – Approval of Solicitor Services Agreement
Councilor Hilton opened noting that the proposed Agreement had been reviewed and approved by both the prior Solicitor Ciccone and Administrator Reitsma. Councilor Driggs requested amendments to Section 7. Periodic Statements and Billing Terms, changing the word “periodic” to “monthly” and with regard to Section 3. Scope of Representation: Schedule A, she requested a reference to Charter Section 803 “all offices, departments and agencies of the Town.” Solicitor Marcello expressed agreement to both alterations.
Councilor Edwards made a motion to Approve the Solicitor Services Agreement with Proposed Changes as Amended. Councilor Perry seconded the motion. The motion passed unanimously.
Solicitor Marcello addressed Councilor Hilton noting that it would be appropriate for her to give authority for someone to sign the Agreement on behalf of the Town.
Councilor deMedeiros made a motion that President Hilton signs the relative Solicitor Agreement. Councilor Edwards seconded the motion. The motion passed unanimously.
F. Town Administrator Reitsma - Vote to Approve or Reject Purchase of Surplus State Land (Plat
473/Parcels 2 & 3 – Intersection of Bulgarmarsh/Main Rd.) DPW Director Recommendation
Administrator Reitsma noted that the RI DOT had received a request for the purchase of parcel of surplus land of an approximate 3685 square feet for the price of $11,000.00. By law, the State must offer it to the Town first. The DPW Director Rogers had no objections to the private purchase, noting no value to the Town ownership.
Councilor Edwards motioned to reject the relative Purchase of Surplus State Land. Councilor deMedeiros seconded the motion. The motion passed unanimously.
G. Town Administrator Reitsma – Receipt of FY21 Preliminary Municipal Budget
1. Statement to Budget Committee Regarding FY21 Preliminary Budget
2. Scheduling of Workshops Regarding FY21 Preliminary Budget
Administrator Reitsma noted there will be a letter of transmittal on the 15th. Councilor deMedeiros noted that the budget was just received and was still quite preliminary. Councilor Hilton then requested that the Council select workshop meeting dates. After some discussion, January 21, 29, and February 4 at 7 pm were agreed upon. The Clerks’ office would coordinate locations. Councilor Cook requested that the percent (%) difference column be included for all line items.
H. Town Administrator Reitsma – Update Regarding Cut Trees on Town Property (Main Road – Plat
301- Lot 165)
Administrator Reitsma updated that on roughly Jan 2nd or 3rd, approximately 25 trees had been cut down on Main Road town property without authority. He added that both the Police Department and DPW had ongoing investigations, but at this time had no concrete information as to who was responsible. He added that there was secondary concern the embankment integrity that should be investigated, although the Tree Warden believed the trees would likely grow back and potentially strengthen the root system. Chief Jones noted that the exhaustive investigation has included interviews with neighbors, CRMC, and tree companies and a tips hotline is in place for anonymous leads.
I. Councilor Hilton – Discussion and Possible Vote for Recycling Center and to Continue Municipal
Trash Pickup
Councilor deMedeiros motioned to have a Town Operated Recycling Center. Councilor Edwards seconded the motion. The motion passed unanimously.
1. Identify Location for Recycling Center (Industrial Park lot options shown on attached map)
2. Discussion of Timeline for Construction of Recycling Center
Councilor Edwards reiterated his belief that the Council should request our State Delegation to petition RIDEM for an extension. He believed the Town was pressured by DEM, that there was existing landfill space that could be leveraged and that we are ill-prepared for the impending November 2020 closure. Councilor Cook agreed. Administrator Reitsma respectfully disagreed, noting that The Town had been working with DEM for some time, and that by law the landfill needs to close. He furthered that a substantial amount of money has been spent on the engineering/design and preparation, and further delay ultimately cost more. Councilor Edwards responded by noting that DEM has had notions that the landfill has been polluting groundwater, however, a network of private test wells have negated this consistently.
DPW Director Rogers and Tim Thies with Pare Engineer were present to expound on current plans and to answer questions. Regarding a timeline, Thies explained that as soon as a site was selected, it would take approximately 30-45 days to get the design layout and plans ready to send to DEM for storm water permitting. Typically DEM takes 45-60 days for review and after comments are received, a bid package should be ready within 30 days. Barring unforeseen issues, the timeframe would take approximately 3 months.
With respect to site selection, Councilor Hilton anticipated the Council could at least narrow down site options. Administrator Reitsma cautioned the Council against choosing a final site themselves, suggesting more work needed to be completed by Pare Engineering with respect to topography, site constraints etc. Site option discussions continued among the Council relative to access, topography, higher use values, exit routs etc. It was noted that the Recycling Committee had previously expressed interest in lots (1, 2, 3 and 4). The decision was made to narrow down the Industrial Park selections to lots (1, 2, 3) and (14, 15, 22, 23). Councilor Edwards suggested that the Council as a group walk the sites. Councilor Hilton offered to work with the Clerk to set up an organized tour. Tim Ties agreed to commence further research and provide a conceptual layout on those selections at the next meeting. DPW Director Rogers felt the two chosen locations were favorable, noted they would need to transfer funds for the concepts plans that he estimated would cost $3000-4000 per selection.
J. Councilor Perry
1. Reconsideration of Town Council Vote as Previously Approved on December 9, 2019 of Fire Chief
Mollo Contract Amendment
2. Possible Discussion and Votes to Amend Fire Chief Mollo Contract
Councilor Perry asked to remove his agenda item at this time based on information that new agreements between Chief Mollo and the Administrator were developing. Administrator Reitsma explained that he has had recent discussions with Chief Mollo about postponing the pay increase until after EMT certification and the removal of the clothing allowance. He expected to return with a new amendment to present to Council. Councilor Edwards expressed concerns as to how this potentially affected the previously voted on contract. Solicitor Marcello confirmed that current contract recently voted on by the Council was in place, however, the parties may voluntarily choose to re-negotiate and send future amendments to the Council.
A. Town Administrator
Administrator Reitsma congratulated Chief Jones on his receipt of a leadership award from the Trust that
included funds to cover his participation in the Leadership Rhode Island program.
B. Town Clerk - Update Relative to Hunting/Fishing Licenses
Clerk Mello noted that the Clerk’s Office would cease issuing Hunting/Fishing licenses effective January
15th, 2020. Licenses can still be obtained online at DEM.
C. Town Solicitor
Solicitor Marcello wished to publically thank former Solicitor Ciccone for his professionalism and
assistance in the transition.
D. Town Councilors
Councilor Hilton – Administrators Second Year Performance Evaluation
Councilor Hilton noted that the Administrator’s second year evaluation forms were in their packets and
that she would need them returned back to the Clerk by February 1, 2020.
Councilor Cook requested an update on her previous request for DPW accident reports. Clerk Mello
responded that more information had been received and she will send out the complete reports as soon as
they are ready.
A. Town Administrator – 42-46-5 (a) (2) – Collective Bargaining – Teamsters and AFSCME
1. Proposed Three Year Contract with AFSCME, July 1, 2019 – June 30, 2022
2. Proposed Three Year Contract with Teamsters, July 1, 2019 – June 30, 2022
Councilor Edwards motioned to enter Executive Session pursuant to 42-46-5 (a) (2) – Collective Bargaining – Teamsters and AFSCME – Proposed Three Year Contract with AFSCME, July 1, 2019 – June 30, 2022 and 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 9:05 p.m.
The Council returned to Open Session at approximately 10:35 p.m.
OPEN SESSION
No action was taken in Executive Session.
Councilor Edwards motioned to seal the minutes of Executive Session. Councilor Perry seconded the motion. The motion passed unanimously.
Councilor Edwards motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion passed unanimously. The meeting adjourned at 10:40 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk