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 27, 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 | 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. December 4, 2019 – Special Meeting - Open Session
2. January 13, 2020 – Regular Meeting
3. January 13, 2020 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Cemetery Commission - (1)
2. Planning Board - (1)
C. Acknowledge Receipt of Reports
1. Treasurer – Denise Saurette – December Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Exeter-West Greenwich Regional School District – State Funding of Education/Fair Funding
Formula
2. City of Newport – Resolution to Legislators Requiring Civic Classes Requirement for High School
Graduation
3. City of Newport – Resolution to Legislators Requesting Transfer on Death Deed Provision for
Rhode Island Residents
E. Approval of Tax Assessor Abatements - None
Councilor Cook removed Consent Agenda items D - 1, 2, and 3
Councilor deMedeiros motioned to approve Consent Agenda items with the exception of D - 1, 2, and 3. Councilor Edwards seconded the motion. The Motion passed unanimously.
Councilor Cook queried the Council relative to resolutions brought forth and what, if any, action the Council may take in terms of making similar resolutions. Councilor Edwards recommending involving our State Legislature in the event favorable resolutions are discovered. Councilor Hilton noted the Council has, on occasion, voted to add support to a particular resolution, but such items would need to be added as an agenda item for a vote.
Councilor deMedeiros motioned to approve Consent Agenda items D - 1, 2, and 3. Councilor Edwards seconded the motion. The Motion passed unanimously.
Gloria Crist spoke about Tiverton Days events, prefacing that she was in support of community events that bring community together, nonetheless believed they must be legitimate 501(c) (3) entities. She voiced concerns that its coordinators had failed to reimburse police and fire services for previous events, however acknowledged that invoices had not been sent. She voiced other concerns ranging from potential accidents/damages/liabilities, donation monies, precedence, and post event clean up. She noted that she had supplied the Council with a handout detailing her concerns and requested the Council not be hasty with decisions.
A. Carrie San Angelo, Executive Director of Tiverton Wastewater District – Announcement Regarding
Sewer Expansion Project in Robert Gray and Riverside Drive Neighborhoods
Chairman Leroy Kendricks and Executive Director Carrie San Angelo with Tiverton Wastewater District were pleased to present to the Council that D’Ambra Construction Company had been awarded both the public and private contracts of its Phase One Sewer Expansion, which would bring critical infrastructure to the Riverside Drive and Robert Gray Avenue areas. The $8 million project will have D’Ambra installing both street level and individual private home connection sewer infrastructure with a target start date is April 2020. Kendricks noted that in 5 years, TWWD has grown to support 670 customers, has 4 sewer pump stations and 8.3 miles of sewer in the ground. He furthered that this project gives critical mass to continue on into perpetuity which is cause to celebrate.
A. Tax Assessment Board of Review - (3) Member Board (3) Year Terms (1) Vacancy
1. Judith A. Jones, 1749 Main Road - Requests Re-Appointment to Expire 10/15/2021
Councilor Edwards motioned to waive normal policy for appointments. Councilor deMedeiros seconded the motion. The motion passed unanimously.
Councilor Edwards motioned to approve to approve the appointment of Judith A. Jones to Tax Assessment Board of Review to expire 10/15/2021. Councilor deMedeiros seconded the motion. The motion passed unanimously.
A. Councilor Hilton – Recycling Center (Lots 1 -9 Combined) or (Lots 14, 15, 22 & 23 Combined) or
any Parts Thereof
1. Identify and Vote for Location of Recycling Center (Industrial Park Lot Options)
Tim Thies with Pare Engineering gave an updated presentation with conceptual layouts relative to the narrowed down Industrial Park lot selections (1, 2, 3) and (14, 15, 22, 23). The design considerations encompassed efficient traffic flow, aesthetics and storm water management. The conceptual layouts as well as estimated costs differed significantly. Opinion of probable costs for Lots 1, 2, 3, and 4 was $1.3 M to $1.4M whereas probable costs for Lots 14, 15, 22 and 23 were $500,000 to $600,000. All costs included construction, engineering, permitting and a 10% contingency.
Councilor deMedeiros motioned to choose Lots 14, 15, 22, 23 for the Recycle Center. Councilor Cook seconded the motion. The motion passed unanimously.
2. Discussion of Timeline for Construction of Recycling Center
A schedule outline prepared by Tim Thies covering various stages through November 2, 2020 was discussed amongst the Council.
B. Amicable Church, 3736 Main Road – Requesting a Special Event Permit to Conduct 8th Annual
Amicable Farmcoast 5k Run/Walk on Saturday, April 4, 2020 @ 9:00a.m. (Neck Road & Seapowet
Ave.) – Police Chief Recommendation
Councilor Edwards made a motion to approve the relative request for a Special Event Permit to Conduct 8th Annual Amicable Farmcoast 5k Run/Walk on Saturday, April 4, 2020 @ 9:00a.m. Councilor Perry seconded the motion. The motion passed unanimously.
C. George Alzaibek/Tiverton Days–Request Approval for Special Event Permit for Community
Parade on Main Road (Family Ties to Little Bear) on Saturday, July 25, 2020 Beginning at 10am
Town Sergeant Kelly Levesque announced her recusal from any Tiverton Days discussion, per the recommendation/advisory opinion from the State Board of Ethics.
George Alzaibek addressed the Council regarding the three Tiverton Days agenda requests. He supplied a letter from the Treasurer noting there were no outstanding bills and $7000 in the treasurer’s account. He announced that for now, he will be withdrawing all 3 relative agenda items.
D. George Alzaibek/Tiverton Days – Request Approval for Special Event Permit at Pocasset Fields
on Friday, June 26, 2020 from 5:00 – 10:00 pm. For Music, Food Trucks, Activities (Sound Variance
Request will be on Future Agenda) – Town Administrator Memo
1. Police Chief Recommendation
2. Fire Chief Recommendation
See note from 11-C.
E. George Alzaibek/Tiverton Days/Waterfront Festival – Request Approval for Special Event Permit
for Waterfront Festival at Grinnell’s Beach on Saturday, July 25, 2020 from 12:00 pm to 10:00 pm -
Music, Performers, Food Trucks and Fireworks (Sound Variance Request will be on Future Agenda)
See note from 11-C.
F. Councilor Cook – Discussion with Tiverton Days Regarding Update on Permitting Process
In light of the withdrawal of agenda items 11- C, D and E, Councilor Cook withdrew her relative agenda item, but provided a prepared letter to the Clerk for distribution to the Council.
G. Councilor Hilton – Vote to Request Solicitor Review and Report Back to Council Regarding Charter
Complaints through Municipal Court and Municipal Court Enabling Legislation
Councilor Hilton explained that the process for Charter complaints needs clarification and possible rectification pursuant to the recent opinion by Municipal Court Judge Robert H. Humphrey that declared municipal court lacks the jurisdiction to handle Charter complaints.
Councilor deMedeiros motioned to approve request for Solicitor Review and Report Back to Council Regarding Charter Complaints through Municipal Court and Municipal Court Enabling Legislation. Councilor Edwards seconded the motion. The motion passed unanimously.
H. Councilor Hilton – Possible Vote to Request Town Administrator Investigate Appropriateness of
Tiverton’s State Mandated Building Permit Fees
Councilor Hilton explained that when the State moved to set municipal building fees, they divided 39 municipalities into categories whereas Tiverton was ranked next to lowest in terms of allowable fees structure.
Since then, as the Building office has grown, and now includes a Zoning officer, the Town’s fees should be reevaluated and potentially adjusted to be commensurate with associated administrative costs. She furthered that there is a process to appeal to State Building Commissioner and is potentially worth doing now before the budget is set July 1st.
Councilor deMedeiros motioned to approve request for Town Administrator Investigate Appropriateness of
Tiverton’s State Mandated Building Permit Fees. Councilor Edwards seconded the motion. The motion passed unanimously.
I. Town Administrator – Possible Vote to Ratify
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
As there was a scheduled executive session for related discussion, the item was tabled by Councilor Hilton.
J. Councilor Hilton – Vote for Final Approval of Solicitor Agreement
Pursuant to minor changes to the original Solicitor Agreement voted on at the previous meeting, Councilor Hilton requested a new vote taken on the final version of said contract.
Councilor Edwards motioned to approve Final Version of Solicitor Agreement. Councilor deMedeiros seconded the motion. The motion passed unanimously.
K. Town Administrator – Approval of Amendment to Chief Mollo’s Employment Contract Previously
Ratified on December 9, 2019
Town Administrator Reitsma explained that Fire Chief Mollo had agreed upon modifications to his June 10, 2019 - December 9, 2022 Employment Contract.
Councilor Perry motioned to approve the Amendment to Chief Mollo’s Employment Contract Previously
Ratified on December 9, 2019. Councilor Hilton seconded the motion.
Councilor Cook asked for clarification on the salary adjustment relative to the required EMD certification. Councilor Edwards voiced concern over the interruption of the previously agreed upon salary increase.
Councilor Cook motioned to amend the Amendment to Chief Mollo’s Employment Contract Previously
Ratified on December 9, 2019 to allow salary to remain at $83,851 contingent upon his receiving EMT Certification within the next six weeks. Councilor Edwards seconded the motion. The motion passed 4-3, with Councilors Hilton, deMedeiros and Perry opposed.
Councilor Driggs motioned to approve the amended Amendment to Chief Mollo’s Employment Contract Previously Ratified on December 9, 2019. Councilor Edwards seconded the motion. The motion passed 4-3, with Councilors Hilton, deMedeiros and Perry opposed.
L. Town Administrator – Request by Economic Development Commission for Approval to Spend $850
out of Dedicated Account for Sign at Main Road and State Avenue
Renee Jones and Martin Van Hof from the Economic Development Commission briefly addressed Council on their interest to promote the North Tiverton economy starting with the replacement of a ‘Welcome to Tiverton’ sign that was previously destroyed in an auto accident.
Councilor Cook motioned to approve the relative request to Spend $850 out of Dedicated Account for Sign at Main Road and State Avenue. Councilor Edwards seconded the motion. The motion passed unanimously.
A. Town Administrator
B. Town Clerk
C. Town Solicitor
Solicitor Marcello briefed Council with regard to an Open Meetings complaint by a current member of
Council against other members of Council. He has received clearance from his firm as well as the
Attorney General’s office ensuring there would be no conflict in his defense of the Town.
D. Town Councilors
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 9:00 p.m.
The Council returned to Open Session at approximately 9:30 p.m.
Town Clerk announced motions made in Executive Session.
1. Councilor Edwards motioned to ratify the Teamsters Union Tentative Agreement discussed in
Executive Session reflected of December 16, 2019 with one change that the Town provide a winter
weight jacket at a cost up to $300. The motion was seconded by Councilor deMedeiros and passed
unanimously.
2. Councilor Edwards motioned to ratify the proposed three-year contract with AFSCME, July 1, 2019
thru June 30, 2022. The motion was seconded by Councilor deMedeiros and passed unanimously.
No other formal action was taken in Executive Session.
Councilor Edwards motioned to seal the minutes of Executive Session. Councilor deMedeiros 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 9:40 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk