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
Friday, May 29, 2020 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Council President Hilton called the meeting to order with the pledge of allegiance to the flag.
Present:
| Council President Hilton | Vice-President deMedeiros | Council Edwards |
| Councilor Clarke | Councilor Perry | Councilor Cook |
| Councilor Driggs | Town Administrator Cotta | Deputy Clerk Veegh |
| Solicitor Marcello | | |
A. Approval of Town Council Minutes
1. May 11, 2020 – Regular Meeting
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Board of Canvassers (1)
2. Historical Preservation Advisory Board – (2)
C. Acknowledge Receipt of Reports
1. Treasurer – Denise Saurette – April Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Prevention Coalition – Minutes/Newsletter on Raising Healthy Teens – Special Covid Edition
2. North Kingstown School Department – Resolution urging continue appropriation of State and Local revenues to support public education
3. Town of Smithfield – Resolution in support of funding the Categorical Fund for High Cost Special Education
4. Town of Smithfield – Resolution in support of funding of RIDE Transportation Offset ESSA
E. Approval of Tax Assessor Abatements
F. DPW Director Rogers – Permission to advertise for amendment to fees and fines resolutions regarding fee for compost bins
G. Approval of License Renewal - Non-Advertised (December 1, 2019 to November 30, 2020) Holiday License Renewal – Riverside Marina LLC, 211 Riverside Drive
H. Town Administrator – Approval of abatement at 145 Leger Lane
Councilor Edwards motioned to approve Consent Agenda items. Councilor deMedeiros seconded the motion. The Motion passed unanimously on a roll call vote.
A. Approval of proposed amendment to the Resolution for Fines and Fees relating to beach passes
Stu Gilfillen of the Recreation Commission gave an overview of the recommendation to amend beach pass fees whereas Tiverton residents would pay a $10 seasonal fee and charge Rhode Island residents a $10 entry fee for a weekday and $15 for a weekend. Out-of-state residents would pay $15 for a weekday and $20 for a weekend.
Gilfillen said the commission has no other way to raise funds except to charge for parking, noting many other towns charge for seasonal passes, and many with much higher rates. He explained that because the state gave funds for the rehabilitation of Grinnell’s, residents of other cities and towns in Rhode Island would only have to pay to park if Tiverton residents were also charged a fee, according to provisions of the grant agreement.
President Hilton asked if any members of the public wished to speak; there were none.
Councilor Edwards motioned to approve the proposed amendment to the Resolution for Fines and Fees relating to beach passes. Councilor Perry seconded the motion. The Motion failed on a tie vote with Councilors Hilton, Edwards, and Perry in favor and Councilors deMedeiros, Driggs, Cook opposed.
A. Cemetery Commission - (5) Member Board (3) Year Terms (1) Vacancy
1. Shirley Moller, 1591 Bulgarmarsh Road - Requests Re-Appointment to Expire 4/15/2023
Councilor Perry motioned to approve the relative appointments of Shirley Moller to Cemetery Commission. Councilor Edwards seconded the motion. The Motion passed unanimously on a roll call vote.
A. Meredith Almy Brower, 630 Neck Road (Tiverton Growers Market) – Request Permission to Operate a
Farmers Market June through October on Tuesday Afternoons from 2pm to 6pm at 3852 Main Road,
Tiverton (additional time for setup and breakdown)
Organizer Meredith Brower had requested a Tuesday market, however, the special use permit for a farmers market granted nearly a decade ago for the Four Corners location, specified a Saturday market. The only alternative was to apply to the Zoning Board for a change to Tuesdays. After lengthy discussion, the petitioner agreed to re-present the request on the June 8, 2020 agenda, after working with Building Official Moore to modify the application as necessary.
Councilor Driggs motioned table the item until the June 8, 2020 meeting. Councilor deMedeiros seconded the motion. The Motion passed unanimously on a roll call vote.
A. DPW Director Rogers – Request vote for approval of Bid extensions from 7-1-20 to 6-30-21 per bid
specifications and mutual agreement with each entity for the following:
1. Bituminous Paving
2. Catch Basin Frames & Grates
3. Crack Sealing
4. Daily Landfill Cover
5. Diesel Fuel & Unleaded Gasoline
6. Guardrail Installation
7. HDPE Pipe
8. Line Painting
9. OWTS Inspections
10. Road Materials
11. Septic Tank Pumping
Councilor deMedeiros motioned to approve the relative bid extensions 1-11. Councilor Edwards seconded the motion.
Councilor Perry raised concerns over extending 4. Daily Landfill Cover due to ongoing litigation between LAL Construction and the Town. President Hilton noted that previous Solicitors had maintained the position that current litigants against the Town did not preclude the Town accepting bids from same. Solicitor Marcello, advised that there was not likely a legal conflict, but the Council would need to consider if it was a policy issue.
Councilor Cook motioned to amend the previous motion to approve only the relative bid extensions 1-11, excluding 4. Daily Landfill Cover. Councilor deMedeiros seconded the motion. The Motion passed 5-1, with Councilor Edwards opposed.
Councilor Edwards added that the litigation, related to the unresolved quarry issue, had been ongoing for over 10 years, and warned against putting the Town at a disadvantage by potentially paying more elsewhere. Director Rogers noted that the Town has been purchasing satisfactory landfill cover from LAL Construction for years, speculating that the cost would likely increase if they had to go to bid again. President Hilton expressed concern that a decision not to extend with LAL Construction might end up costing the Town more in the long run.
Councilor Cook motioned to reconsider the previous amended motion. Councilor Driggs seconded the motion. The Motion passed 5-2, with Councilors Clark and Perry opposed.
Councilor Stephen Clark joined the meeting at 8:17 pm, not being present for much of the discussion, announced his abstention from this vote.
Councilor deMedeiros motioned to approve the relative bid extensions 1-11. Councilor Edwards seconded the motion. The Motion passed 6-1, with Councilor Perry opposed and Councilor Clarke abstaining.
B. DPW Director Rogers – Request permission to advertise bids for Bituminous Concrete Crusher Rental,
Catch Basin Blocks, Tub Grinding Service
Councilor Edwards motioned to approve the relative permission request. Councilor Clarke seconded the motion. The Motion passed unanimously.
C. DPW Director Rogers – Request Approval to extend the McGeough’s Turf Management, Inc. contract
to 12-31-20 per contract renewal clause
Councilor deMedeiros motioned to approve the relative contract renewal. Councilor Edwards seconded the motion. The Motion passed unanimously.
D. DPW Director Rogers – Request Approval of Budget Transfers
1. Acct 5540-6451(Snow Removal) to 5540-6240 (Uniforms) for $1,550
2. Acct 5540-6451 (Snow Removal) to 5530-6240 (Landfill uniforms) $70
3. Acct 5540-6451 (Snow Removal) to 5540-6914 (Water & Sewer) $420
4. Acct 5540-6451 (Snow Removal) to 5540-6935 (Telephone & TV) $350
5. Acct 5540-6451 (Snow Removal) to 5540-7423 (Supplies & Misc) $2,450
6. Acct 5540-6451 (Snow Removal) to 5540-7590 (IT/Computer Services) $1,645
7. Acct 5540-6451 (Snow Removal) to 8840-6630 (Field Rehab) $5,460
8. Acct 5540-6451 (Snow Removal) to 0980-9050 (DPW main building repairs) $1,050
9. Fund 255 (Restricted Recycling Fund) to 5530-7198 (Transfer Station/Recycle Study) $21,000
Councilor Edwards motioned to approve the relative budget transfers 1-8. Councilor deMedeiros seconded the motion. The Motion passed unanimously.
Councilor Edwards asked Director Rogers if Fund 255 was related to the landfill capping. Rogers explained the fund was a restricted account of monies from RI Resource Recovery Corp. intended for recycling initiatives.
Councilor Edwards motioned to approve the relative budget transfer 9. Councilor deMedeiros seconded the motion. The Motion passed unanimously.
E. Fire Chief Mollo – Request Approval of Budget Transfers
1. Acct 3310-7611 (Fuel, Oil, Tires) to 3310-7640 (Apparatus Maintenance) for $3,577.00
2. Acct 3310-6928 (Firefighter Training) to 3310-6969 (Medical Supplies) for $3,500
3. Acct 3310-7611 (Fuel, Oil, Tires) to 3310-6935 (Telephones) for $5,200
4. Acct 3310-7840 (Station Maintenance) to 3310-6910 (Heat) for $1,500
5. Acct 3310-5102 (Clerical Personnel) to 3310-5168 (Clothing Allowance) for $5,330
Councilor deMedeiros motioned to approve the relative budget transfers 1-4. Councilor Edwards seconded the motion. The Motion passed unanimously.
Councilor deMedeiros motioned to table the relative budget transfers 5 until after Executive Session. Councilor Hilton seconded the motion. The Motion passed unanimously.
F. Town Administrator – Update from Pare Engineering regarding potential landfill extension
Tim Thies from Pare Engineering was present to give professional opinion on the potential of obtaining DEM relief for a landfill closure extension, in light of the expected COVD-19 related financial shortfalls.
Thies gave a brief historical summary explaining that the Town has renewed the landfill operating license every three years going back to roughly 1971. The license set a footprint that was limited to a 33 acre portion and a vertical 160’ mean sea level height limit creating a volume limit. DEM has wanted closure for a long time, due to the suboptimal design without environmental controls such as a base liner, nor leachate and gas collection systems. In 2005, Town and DEM came to a limited expansion agreement on the final shape of the landfill. Due to successful recycling measures, annual landfill rates declined, essentially pushing out the targeted closure date to 2018. In 2016, DEM denied a 3’ height increase request, viewing it as an expansion that was subject to meeting current EPA regulations. Thies noted capacity would likely be met at the end of this year.
Thies was of the opinion that a formal extension request may not be approved by DEM staff, but conceded that senior tier DEM management might exercise some latitude. He believed that in lieu of any extensions, recycling could potentially continue during the initial capping phases for at least another 12 months post landfill closure.
Councilor deMedeiros, questioned capping cost increases if the closure was delayed to which Thies noted there was an approximate 2-3% cost escalator. He suggested a request to extend paired with a commitment to move forward with the capping process might be a more favorable option.
Councilor Edwards felt the Town was in a strong position to request the extension in light of the forecasted state and local financial shortfalls.
1. Councilor Cook – Discussion and possible vote on resolution in support of extension of the Landfill
Closure
Councilor Edwards motioned to approve the relative resolution in support of extension of the landfill
closure. Councilor Driggs seconded the motion. The Motion passed 4-3 with Councilors deMedeiros, Clarke and Hilton opposed.
G. Councilor Cook – Discussion regarding settlement of police Sergeant William Munroe
Councilor Cook had requested labor attorney Tim Cavazza to give a full accounting on the resolution of the relative settlement. Cavazza began by noting the William Munroe was an active police officer at the time which meant two important things were in play; the Collective Bargaining Agreement that governs wages, hours and other terms and conditions of employment and the Rhode Island Law Enforcement Officers Bill of Rights, which governs police officer suspensions and takes disciplinary decisions out of the Towns hands. It can also force a town to pay officers when facing non felony criminal charges. He explained the timeline that started December 5, 2018, when Munroe was suspended with pay after being changed with 15 misdemeanors. After 6 months Town was able to converted suspension to without pay. Soon after, Munroe was convicted of two misdemeanor counts and the criminal case was disposed of. As a result, the Town was forced to end the unpaid suspension and resume normal pay and benefits. In mid-June 2018, the Town discovered evidence of felony crimes that were referred to RI State Police, with a July 24, 2019 arrest on 30 felony counts. The Town was able to revert to an unpaid suspension through March 4, 2020, at which time the RI Attorney General and Munroe reached a plea agreement whereas Munroe was convicted of 3 misdemeanors and the felony charges were converted to misdemeanors. As there was no felony conviction, the Town could no longer suspend Munroe without pay, nor could Munroe be terminated per the Bill of Rights. Ultimately, the Town, the Union and Munroe, reached an agreement to avoid the time, expense and risks of a Bill of Rights hearing. Also, the union had filed demands for arbitration claiming back pay for entire period. The final settlement terms included payment for accrued vacation pay per RI State law, pay for accrued sick leave per collective bargaining, with both payments being non pensionable, as well as $10,168 in back pay. Munroe agreed to voluntarily retire and his pension was reduced to exclude earnings from 9/4/2018 and forward. Under circumstances, Cavazza believed the settlement was favorable for the Town in light of significant restrictions set by the Bill of Rights.
Councilor Hilton expressed that the Council should send a strongly worded Resolution to the General Assembly asking them to do something about the Police Officers Bill of Rights.
A. Town Solicitor – Decision on Katz v. Town of Tiverton (Finding of no APRA violation by A/G Office)
Solicitor Marcello noted the decision was self-explanatory and a good decision for the Town from a record keeping standpoint.
B. Town Administrator Christopher Cotta - Update on COVID-19
Administrator Cotta noted one employee had a false positive COVID -19 test and tested negative subsequently. He mentioned special requirements by the Board of Election were being implemented. He mentioned that he would be preparing a plan to handle beach opening requirements that had not been budgeted for.
President Hilton added that the Governor had announced that the Casino was to re-open on June 8, finding it both remarkable and disappointing that no one from the Governor’s office nor Twin River had reached out to the Town about this. Councilor deMedeiros expressed concern for the safety of the police and fire personnel wondering what safety measures were in place for their protection. Administrator Cotta offered that he had finally received a call from Twin River just today, and noted that safety protocols were discussed and in development.
C. Town Clerk - Update on Presidential Preference Primary, June 2, 2020
Clerk Mello updated that the election will be held on Tuesday, June 2 with polls open from 7am to 8pm. There would be only one polling location at the Tiverton High School gymnasium. She noted social distancing measures were in place including protective wear and sneeze guards per the Board of Elections. She furthered that we are now in the emergency ballot period and that voters may also place their ballots in the grey drop box at Town Hall up until 8pm on June 2. She wished to thank the poll workers that have come forward to volunteer under the difficult circumstances.
D. Council President Hilton – Extending Congratulations to 2020 High School Graduates
President Hilton asked the rest of the Council to join her in drafting a note of congratulations for the 2020 High School graduating senior class to wish them the best.
Councilor deMedeiros motioned to enter executive session pursuant to RIGL 42-46-5(a)(1) – Discussion related to personnel including job performance of Fire Chief with notice served. Seconded by Councilor Perry, motion passed by roll call vote unanimously.
Councilor Edwards addressed on agenda as 42-46-5(a)(2). Solicitor opined technical, comfortable with description and notice given.
Councilor deMedeiros motioned, pursuant to RIGL 42-46-5(a)(2) – Collective Bargaining Local 1703 IAFF/AFL-CIO as it relates to overtime provisions in current collective bargaining agreement dated July 1, 2019 through June 30, 2022, ratified on 4/22/2019. Seconded by Councilor Perry, motion passed unanimously by roll call vote.
Council entered executive session at 10:00 p.m.
A. Town Administrator – RIGL 42-46-5(a)(2) – Discussion related to personnel including job performance
of Fire Chief with notice served
B. Town Administrator – RIGL 42-46-5(a)(2) – Collective Bargaining Local 1703 IAFF/ AFL-CIO as it
relates to overtime provisions in current collective bargaining agreement dated July 1, 2019 through June
30, 2022, ratified on 4/22/2019
Council returned to open session at 12:15 a.m.
Councilor Edwards motioned to seal the minutes of executive session. Seconded by Councilor Perry, motion passed unanimously.
Solicitor Marcello announced Council discussed items on agenda for executive session. There were no votes or action taken. Nothing to disclose.
Continued Open Session
E-5 – Fire Chief Mollo request for approval of budget transfer - Acct 3310-5102 (Clerical Personnel) to 3310-5168 (Clothing Allowance) for $5,330
Councilor deMedeiros motioned to approve a transfer from Acct 3310-5102 (Clerical Personnel) to 3310-5168 (Clothing Allowance) for $3,500 due to discussion in executive session. Seconded by Councilor Edwards, motion passed unanimously.
Councilor Edwards motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion passed unanimously. The meeting adjourned at 12:20 a.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk