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, March 9, 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
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Personnel Board – (6)
2. Open Space and Land Preservation – (1)
3. Town Farm Renovation Committee – (3)
4. Budget Committee – (2)
5. Cemetery Commission – (1)
6. Planning Board – (1)
C. Acknowledge Receipt of Reports
1. Susan Gill, Administrative Officer Report of Activities
D. Acknowledge Receipt of Correspondence
1. City of Newport – Invitation to Participate in the 64th Annual St. Patrick’s Day Parade – Saturday, March 14, 2020
2. Hopkinton Town Council – Resolution in Support of Legislation to Move the Primary Election Day to Wednesday if Held Same Week as Labor Day
E. Approval of Tax Assessor Abatements
Councilor Edwards removed Consent Agenda item D-1.
Councilor deMedeiros motioned to approve Consent Agenda items with the exception of D-1. Councilor Edwards seconded the motion. The Motion passed unanimously.
Councilor Edwards announced that he would be attending the St. Patrick’s Day Parade and invited the other Councilors to join him.
Councilor Edwards motioned to approve Consent Agenda item 4-A-4. Councilor deMedeiros seconded the motion. The Motion passed unanimously.
Library Board Vice Chair, Carol Herrmann, spoke regarding recent Library building maintenance concerns. She noted that all materials used were exterior grade and assured that no materials are falling off the building. She advised that anyone concerned should reach out to directly to Library Director Catherine Damiani.
A. Mary Sahady - Hague, Sahady & Co. P.C. - Annual Financial Report Year Ending June 30, 2019
Hague, Sahady & Co. Partner Mary Sahady gave the Annual Financial Report presentation. She noted the report was compliant with no comments, findings or recommendations by the auditors. The format used was the same as the previous year and met all GASB requirements. She reviewed assets, liabilities, the balance sheet and equity. Discussion commenced relative to unrestricted fund balances and variances that supported increase as well as school revenues and salary deficits.
A. David Fierabend/Groundswell Café and Bakery, LLC, 3883 Main Road – Requesting Approval of
Victualing License
Councilor deMedeiros motioned to approve the relative Victualing License subject to all legal requirements.. Councilor Edwards seconded the motion. The motion passed unanimously.
A. Annual Tree Warden Appointment to January 31, 2021
1. Frankey Ramos, Manchester’s Tree & Landscaping, 2970 Main Road
2. Jonathan Hathaway, JDH Landscaping and Tree Service, 1631 Fish Road
Councilor deMedeiros motioned to appoint Frankey Ramos as Tree Warden until January 31, 2021. Councilor Parry seconded the motion. The motion passed unanimously.
B. Budget Committee - (11) Member Board (4) Year Terms (1) Unexpired Vacancy to 11/3/2020
1. Thomas J. Hamilton, 80 Furey Avenue
Councilor deMedeiros motioned to appoint Thomas J. Hamilton to Budget Committee term to expire 11/3/2020. Councilor Parry seconded the motion. The motion passed unanimously.
C. Arts Council – (5) Member Board (2) Year Term - Unexpired Vacancy to 4/15/2022
1. Leslie Poldervaart, 1 Mill Street
Councilor deMedeiros motioned to waive policy and proceed to appointment. Councilor Edwards seconded the motion. The motion passed unanimously.
Councilor deMedeiros motioned to appoint Leslie Poldervaart to Arts Council term to expire 4/15/22. 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) -Subject to Meeting all Legal Requirements
Request to be Town Sponsored/Approved events meeting all requirements
June 26, 2020 – Family Evening at Pocasset Fields
July 25, 2020 – Parade on Main Road/Family event at Library
July 26, 2020 – Beach Yoga at Grinnell’s/Tiverton Fire Department Open House
1. Insurance and account update
2. Discussion on Committee/subcommittee options; with consensus or possible vote
3. Approval of special event permit for parade on July 25, 2020
Joan Chabot with Tiverton Days 2020 returned to update Council with new information and changes since last meeting. She announced that due to prohibitive insurance costs, they would be eliminating the Family Evening at Pocasset Fields and Beach Yoga events, and proceeding with the Parade on Main Road event only. She requested an updated accounting from last year from the Treasurer. Ms. Chabot then briefed Council on a new plan that was currently developing that would shift sponsorship and funds for the event to the Arts Council. Peter Bramante, Arts Council member joined discussion confirming this development and explaining how the process would alleviate the current roadblocks the group was facing. Council President Hilton weighed in that the Recreation Committee should be involved, and that more work needed to commence relative to having the group work under the auspices of the Arts Council. Solicitor Marcello advised that the item should be added to the next meeting after the details were ironed out.
B. DPW Director Rick Rogers – Permission to Advertise for Maintenance/Laborer Seasonal Help
Councilor Perry motioned to approve Permission to Advertise for Maintenance/Laborer Seasonal Help. Councilor Edwards 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 updating the plan per comments received. The plan has progressed from concept to actual station layout detail stage and is at 90% completion. Coordination with DiPrete Engineering has been ongoing regarding work tasks. Discussions with DPW relative to station layouts and utility needs and installation have been ongoing. He noted that an updated plan should be ready for Council for the next meeting. Councilor Hilton noted that there is approximately $300k in infrastructure monies set aside which would give the ability to begin preliminary work when permits are ready.
D. Fire Chief Mollo – Request Approval to Advertise Amendment to the Resolution for Fines
and Fees to Repeal the 3rd Party Billing Rescue Fees and Replace Language with “usual and
customary rate for area as determined by Medicare or other insurance carrier”
Councilor Edwards motioned to approve to Advertise Amendment to the Resolution for Fines
and Fees to Repeal the 3rd Party Billing Rescue Fees and Replace Language with “usual and
customary rate for area as determined by Medicare or other insurance carrier”. Councilor deMedeiros seconded the motion. The motion passed unanimously.
E. Councilor Cook – Discussion and Possible Vote to Amend Ordinance Article II Operation, Sec. 78-31
to Include Judson Street (west side) for Deliveries Only and Advertise Pursuant to Charter Section
408
Councilor Cook opened discussion noting that Hilton and Canonicus Streets have steep hills with restricted truck tonnage, necessitating traffic to divert to West Judson Street. Residents are complaining. Councilor deMedeiros commented that the proposed change would then divert trucks through Fall River via 138 and Woodman Street to get to Bay Street. Council President Hilton suggested that this issue is likely resulting from Inland Fuel’s proposal to add gas tanks along Bay Street. She furthered that as that proposal requires zoning relief, any interested parties should attend relative Zoning Board meeting to address their concerns. Solicitor recommended the matter be referred to the Police Department for their assessment.
F. Councilor Cook – Discussion and Possible Vote to Begin Process for an Ordinance Relating to
Aquaculture
G. Councilor Cook – Discussion and Possible Vote to Proceed with Memorandum of Understanding
Between Town of Tiverton and CRMC Regarding Aquaculture
With respect to Agenda items F and G, Chair of the Harbor Commission, Bruce Cox explained that in February they had received a preliminary application from Bowen Farm for an Aquaculture site. The process is that CRMC has a preliminary review which needs input from various communities affected by the proposal. The request was unique whereas access would not be by boat, but by walking on land. Cox noted that landowners own to the mean low water only, which after that, there are no abutters. He noted that ultimately the decision belongs to is CRMC as they own the water. Councilor Cook voiced her concern about citizens losing their rights to shore access and the importance of an Ordinance. Solicitor Marcello was to arrange a meeting with CRMC and research drafting an MOU.
H. Councilor Cook - Update Status of Suburban Farm Animal Issue (John Duggan Road) and
Consideration of Ordinances
Councilor Cook revisited the John Duggan Road farm animal issues. She noted that there had been no updates from Building or Zoning, but new complaint letters from the abutter. Councilor Edwards cautioned about creating an ordinance for one person/issue only. Councilor Hilton reminded that a potential zoning change would have no bearing on an existing issue. Solicitor Marcello and Councilor Cook would work together to research the matter.
I. 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. Possible Vote to Proceed with Necessary
Enabling Resolutions (continued from 2/24/20 meeting).
Councilor Driggs expressed her desire to table the item to the next meeting.
J. Council President Hilton – Discussion and Possible Authorization to Retain Expert Zoning Consultant
to Review Historic Quarry Operations and Regulations
Councilor Hilton noted the matter was a complicated historical problem with potential State legislation changes necessary, but also a matter of specific zoning relating to quarries with claims of pre-existing non confirming rights. She suggested it would be prudent to have an outside legal consultant do preliminary research work relative to the Town’s existing quarries. Solicitor Marcello would provide a few consultant recommendations.
K. Approval of Agreement between Town of Tiverton and Acting Town Administrator, Nancy L Mello
Councilor deMedeiros motioned to approve Agreement between Town of Tiverton and Acting Town Administrator, Nancy L Mello. Councilor Perry seconded the motion. The motion passed unanimously.
A. Town Solicitor - Justin Katz v. Town of Tiverton/ Justin Katz Response to Solicitor Response to
Attorney General Complaint
Solicitor Marcello noted that the response was now in the hands of the Attorney General and that they hoped to get a decision this year.
B. Town Clerk – Update on Voter Registration/Mail/Emergency Ballots for the Presidential Preference
Primary – March 29, 2020
Clerk Mello briefed Council on specific date deadlines relative to the upcoming PPP election on April 28, 2020.. She noted that due to the Corona virus situation, the BOA was encouraging citizens to vote by mail ballot.
C. Councilor Hilton – 2020 Full Revaluation Update
Councilor Hilton read a memorandum from Assessor Robert relative to the progress of the 2020 Full Revaluation which was still in the data collection phase. It was expected that all properties would be visited by the end of May. Preliminary estimates would be mailed to residents in March of 2021.
A. Town Solicitor – 42-46-5(a)(2) – Litigation – Faulkner v. Tiverton
B. Town Solicitor – 42-46-5(a)(2) – Litigation – State v. Munroe/Case No. 21-2018-02381 and Case No.
N2-2020-0081A
C. 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
D. Councilor Cook – RIGL 42-46-5 (a)(4) – Any Investigative Proceedings Regarding Allegations of
Misconduct, Either Civil or Criminal – Department of Public Works
Councilor deMedeiros motioned to enter Executive Session pursuant to 42-46-5(a)(2) – Litigation – Faulkner v. Tiverton; Litigation – State v. Munroe/Case No. 21-2018-02381 and Case No. N2-2020-0081A; 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; RIGL 42-46-5 (a)(4) – 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.
The Council entered Executive Session at approximately 9:20 p.m.
The Council returned to Open Session at 10:40 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 Perry seconded the motion. The motion passed unanimously.
Solicitor announced there was a motion made in closed session regarding Faulkner v. Tiverton. Motion will not be disclosed at this time since it could jeopardize further negotiations.
Solicitor announced there was directed action taken in closed session regarding the Monroe matter and that also will not be disclosed at this time so as not to jeopardize further negotiations.
There was no action taken at this time relative to the Town Administrator.
There was a unanimous 7-0 vote taken in closed session to engage the RI Interlocal Trust to investigate procedures and policies at the DPW.
Councilor Perry motioned to adjourn the meeting. Councilor Cook seconded the motion. The motion passed unanimously. The meeting adjourned at 10:50 pm,
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk