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
Tuesday, October 13, 2020 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Members present
| Council President Hilton | Councilor Perry | Council Edwards |
| Vice-President deMedeiros | Councilor Clarke | Councilor Driggs |
| Councilor Cook | | |
| | | |
Town Administrator Cotta, Assistant Solicitor DeCosta, Town Clerk Mello and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
President Hilton read the items on the Consent Agenda.
Note 3: All items listed within the Consent Agenda are to be considered routine by Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed for separate consideration later on the agenda.
A. Approval of Town Council Minutes
1. September 26, 2020 – Special Session (Executive)
2. September 30, 2020 – Special Session
3. September 30, 2020 – Special Session (Executive)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Board of Canvassers (3)
2. Planning Board (3)
C. Acknowledge Receipt of Reports
1. Police and Fire Department overtime reports – September 2020
2. Department Monthly Reports – September 2020
D. Acknowledge Receipt of Correspondence
1. Town of East Greenwich – Resolution supporting an emergency exemption for all Rhode Island
municipalities in computation of maintenance of effort requirements establishes by RIGL 16-7-23
2. Town of Little Compton – Resolution relating to State assistance during the COVID-19 emergency
E. Approval of Tax Assessor Abatements
Councilor Edwards motioned to approve Consent Agenda items. Councilor Cook seconded the motion. The motion passed unanimously.
Councilor Driggs entered meeting just after Consent Agenda items were completed.
The Council held a moment of silence for Richard “Dick” Hart, who recently passed, to honor his many years of Town service.
The Public May Send Written Comments via email to publiccomment@tiverton.ri.gov or by regular
mail to the Town Clerk at 343 Highland Road, Tiverton, RI 02878 or place in the grey drop box located
outside Town Hall by 12:00 noon on Monday, September 28, 2020.
A. Comments received - None
A. Approval of proposed amendment to Tiverton Code of Ordinances to ADD Section 10-39 – Care of Dogs
Councilor Hilton explained the amendment mirrors state law, however adding as an ordinance allows the Town to hear cases expeditiously and more economically in Municipal court, rather than Superior court. Assistant Solicitor DeCosta noted the amendment specifically tracks RIGL 4-13-42.
President Hilton opened the Public Hearing. Administrator Cotta asked multiple times if any members of the public wished to speak; there were none.
Councilor Cook motioned to approve the relative amendment. Councilor Edwards seconded the motion. The motion passed unanimously.
A. Conservation Commission – (7) Member Board/(3) Year Terms/(1) Vacancy
1. Sean Frodyma, 2480 Main Road - Requests Appointment to Expire 4/15/22
Councilor deMedeiros motioned to waive policy and proceed to appointment. Councilor Edwards seconded the
motion. The motion passed unanimously. (Councilor Perry was briefly absent for vote).
Councilor deMedeiros motioned to approve the relative appointment. Seconded by Councilor Edwards, the motion passed unanimously. (Councilor Perry was briefly absent for vote).
B. Open Space Commission – (9) Member Board/(3) Year Terms/(3) Vacancies
1. Sean Frodyma, 2480 Main Road - Requests Appointment to Expire 4/15/22
Councilor deMedeiros motioned to waive policy and proceed to appointment. Seconded by Councilor Edwards, the motion passed unanimously. (Councilor Perry was briefly absent for vote).
Councilor deMedeiros motioned to approve the relative appointment. Seconded by Councilor Edwards, the motion passed unanimously. (Councilor Perry was briefly absent for vote).
C. Harbor Commission - (9) Member Board/(2) Year Terms/(1) Vacancy
1. Phyllis Ibbotson, 13 Highland Road - Requests Appointment to Expire 7/15/22
Councilor Edwards motioned to waive policy and proceed to appointment. Councilor deMedeiros seconded the
motion. The motion passed unanimously.
Councilor Edwards motioned to approve the relative appointment. Seconded by Councilor deMedeiros, the motion passed unanimously.
D. Historic Preservation Advisory Board - (5) Member Board/(3) Year Terms/(2) Vacancies
1. Aldege Cormier, 348 Souza Road – Requests Re-appointment to Expire 10/15/23
Councilor Edwards motioned to approve the relative re-appointment. Seconded by Councilor deMedeiros, the motion passed unanimously.
E. Juvenile Hearing Board - (5) Member Board/(3) Year Terms/(1) Vacancy
1. Amanda Souza-Viera, 160 Leger Land - Requests Re-appointment to Expire 10/15/23
Councilor Edwards motioned to approve the relative re-appointment. Seconded by Councilor Perry, the motion passed unanimously.
F. Personnel Board - (5) Member Board/(4) Year Terms/(2) Vacancies
1. Marguerite C. Rizzi, 88 Barn Swallow Drive - Requests Appointment to Expire 10/15/24
Councilor deMedeiros motioned to approve the relative re-appointment. Seconded by Councilor Edwards, the motion passed unanimously.
G. Personnel Board - (5) Member Board/(4) Year Terms/(2) Vacancies
1. Laurie Robinson, 35 Campion Avenue - Requests Appointment to Expire 10/15/24
Councilor Edwards motioned to approve the relative re-appointment. Seconded by Councilor Perry, the motion passed unanimously.
A. Shawn M. Kelly, 97 Bucks Way, Tiverton – Requests approval for Special Event Permit for Halloween
display
Despite past approvals of Mr. Kelly’s annual Halloween house display, a lengthy discussion ensured with several council members expressing safety concerns due to the COVID-19 pandemic. Increased numbers of visitors were likely due to the cancellation of the town sponsored Trunk-or Treat event. Police Chief Jones spoke offering to assist Mr. Kelly and the Administrator with a parking plan and suggested item be placed on the next meeting for a final approval closer to the date. Council ultimately approved subject to the hiring of police detail as well as adherence to new COVID related state guidelines.
Councilor deMedeiros motioned to approve the relative request subject to the hiring of police detail, adequate parking plan and adherence to state COVID-19 guidelines. Seconded by Councilor Edwards, the motion passed unanimously.
B. Ocean View Petroleum LLC, 861 Main Road, Tiverton - Requests approval for Petroleum Storage
License – Subject to meeting all legal requirements
Councilor Edwards motioned to approve the relative Petroleum Storage License. Seconded by Councilor deMedeiros, the motion passed unanimously.
C. Ocean View Petroleum LLC, 861 Main Road, Tiverton - Requests approval for Tobacco Dealer License
Subject to meeting all legal requirements
Councilor Edwards motioned to approve the relative Tobacco Dealer License. Seconded by Councilor deMedeiros, the motion passed unanimously.
D. Walgreen Co., 677 Main Road, Tiverton - Requests approval for Tobacco Dealer License – Subject to
meeting all legal requirements
Councilor Edwards motioned to approve the relative Tobacco Dealer License. Seconded by Councilor Clarke, the motion passed unanimously.
E. Walgreen Co., 677 Main Road, Tiverton - Requests approval for Holiday License – Subject to meeting
all legal requirements
Councilor Edwards motioned to approve the relative Holiday License. Seconded by Councilor deMedeiros, the motion passed unanimously.
F. Bapashri Inc. d/b/a Mooyah Burgers, 777 Tiverton Casino Blvd. – Requests approval for victualling
License - Subject to meeting all legal requirements
Councilor Edwards motioned to approve the relative Victualling License. Seconded by Councilor deMedeiros, the motion passed unanimously.
A. Councilor Cook – Firehouse Subs Public Safety Foundation Grant and Scholarship Program
Councilor Cook explained that the relative grant program was started by firefighters with a mission to impact lifesaving capabilities of local firefighters and their communities. Grants are awarded quarterly, and require no matching funds. She had recommended pursuing application to Chief Reimels, which if awarded, would allow the department to purchase a Lucas Chest Compression device. She noted there was also a scholarship program for students interested in careers as safety professionals. Chief Reimels confirmed the application was in progress and wished to thank Councilor Cook for bringing it to his attention.
B. Assessor Robert - Request/Vote Award of Bid for Power Plant appraisal services to George E.
Sansoucy, PE, LLC in the amount of $45,000.0o
Assessor Robert explained his recommendation to award appraisal bid to George Sansoucy, who he maintained was highly recommended in the New England area. He added that both bids received were for 45K, yet the other contained added expenses. Administrator Cotta also reviewed the bids and agreed Mr. Sansoucy was the best fit for the project and noted the competing bid included a significant amount of extra costs. He furthered that as the appraisal is a working tool for the assessor to tax the facility, the final number should remain confidential until such time that Council determines whether to choose to continue with the PILOT program or move to a full assessment.
Councilor Edwards motioned to approve the relative award of bid for power plant appraisal services, with a stipulation that the findings of such report be confidential until final valuation is decided. Seconded by Councilor Perry, the motion passed unanimously.
C. Councilor Hilton
1. Discussion and possible vote for Resolution relating to State assistance during the
COVID-19 Emergency
Councilor Hilton opened discussion noting that the state had received 1.25 B in federal CARES funds and is only 1 of 3 states that has not distributed any of the funds to municipalities. She added that towns had been encouraged to spend whatever necessary for COVID related ppe, and told it would be reimbursed by FEMA. As that is not happening, the League of Cities and Towns has encouraged municipalities to join together to petition the state use some of the funds to aid in offsetting those required expenses.
Councilor Driggs noted the CARES act does not mandate allocation of funds to municipalities and disallows revenue to be used to backfill lost revenue. She added many states have oversite committees to monitor the appropriate allocation of CARES funds and asked if RI has such an oversite committee. She finished by questioning if there had been any written statement from RI that they do not intend to allocate funds.
Administrator Cotta confirmed the Governor had appointed someone to oversee CARES fund, adding that the deadline to use funds was December, 2021. He furthered that the state has yet to respond to questions regarding reimbursement. Councilor Edwards added that out of the 1.25B, the state has spent only 268M, and encouraged Council to unanimously approve the resolution to send a message to the state that towns shouldn’t have to shoulder the losses.
Councilor Driggs queried if there were legal mechanisms aside from this resolution for enforcement. Solicitor DeCosta responded in the affirmative in the event it becomes necessary, but believed the resolution was a good first step.
Councilor Edwards motioned to approve the relative resolution. Seconded by Councilor deMedeiros, the motion passed unanimously.
2. Discussion and possible vote for Resolution supporting an emergency exemption for all Rhode
Island municipalities in computation of maintenance of effort requirements established by
RIGL 16-7-23
Councilor Hilton explained as the state has failed to pass a budget we likely will not have reimbursement aid information until post-election, and we may end up with significantly less state aid then we were led to believe in the pre-budget release from RIDE. The concern was being required to make up the difference on MOE, and the question if that portion of MOE becomes permanent going forward.
She furthered that last year the difference in state aid was 319K less than projected, which had to be taken out of the municipal side. Because of the state budget deficit, sizable cuts in state aid were likely. With an already committed number to the school dept., the resolution essentially asks the state to allow us to operate with school budget adopted, and in the event of significant state level cuts, MOE isn’t permanently set.
Councilor Driggs questioned the 6 week continuation of the FTR due to a pending state budget that eventually moved forward and also asked if it was possible to get a waiver or release of MOE due to an emergency situation. Councilor Hilton responded that the FTR was pushed back in the hopes the state would have budget, yet due to contractual obligations, we weren’t in a position repeat a postponement. Administrator Cotta confirmed a waiver was not an option as we are required to follow the RIDE formula to provide education with no relief for emergencies. He added that whatever we have to make up is the new base for next fiscal year.
Councilor Edwards motioned to approve the relative resolution. Seconded by Councilor deMedeiros, the motion passed unanimously.
D. Town Administrator – Discussion of Memorandum of Agreement between Town of Tiverton and the
International Brotherhood of Police Officers Local #406 Regarding Proposed Reorganization of the
Police Department
Administrator Cotta, announcing he had met with Police Chief and the union this past week, asked of Council for specific input before finalization of a deputy job description.
Councilor Cook questioned cost and overtime impacts in light of a constrained budget. Councilor Hilton reminded that the matter had already been discussed, budgeted and adopted in the FTR.
Chief Jones, noted the deputy position was non-union and explained that relevance. Of all of the ranking officers of the PD, the chief is the only non-union position. A non-union deputy would be acting as a middle person to investigate and maintain discipline especially in the event of an internal affairs matter. He reminded that the town had a deputy chief 14 years ago until that person retired. With nationwide issues of police accountability and liability, he stressed having the deputy position was a necessity. He finished noting the importance of having someone trained to take the reins in the event the chief retires or is unable to perform his duty.
Councilor Hilton offered that she would be opposed to an MOU and believed the position should be filled by a qualified internal candidate.
E. Councilor Cook – Discussion on reinstating dog nuisance ordinance
Councilor Cook expressed frustration with the slow progress of the dog nuisance ordinance drafting and felt she hasn’t received adequate legal assistance necessary to complete. She stated there was a real need for the adoption of the ordinance to aid the animal control officer. She furthered that the existing one cannot be reinstated as is. It was determined that the item be tabled until the next meeting.
A. Town Clerk
1. Update on November 3, 2020 General Election
Clerk Mello updated that today was the last day to apply for a mail ballot application. Emergency voting begins tomorrow, October 14, from 8:30 to 4 at the Town Hall. Mask wearing and social distancing is requested. The new ballot box has been permanently mounted outside with 24 hour camera surveillance and noted that two BOC members are required to pull the ballots. She added that more poll workers were needed.
2. Center for Tech and Civic Life Grant Award for $6,387.50
Clerk Mello was pleased to announce that Tiverton was awarded $6,387.50 which will be used towards COVID related protective equipment.
Councilor Edwards motioned to adjourn the meeting. Councilor deMedeiros seconded the motion. The motion passed unanimously. The meeting adjourned at 9:15 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk