STATE OF RHODE ISLAND, COUNTY OF NEWPORT

The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Council Meeting on

Monday, April 26, 2021 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.

3. ROLL CALL

    Members present

Council President deMedeiros	Councilor Perry	Council Edwards
Council Vice-President Burk	Councilor Janick (late)	Councilor Cook
Councilor Vieira

Town Administrator Cotta, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present.    

**PROCLAMATION – FAIR HOUSING MONTH IN TIVERTON APRIL 2021**

President deMedeiros read the corresponding proclamation declaring April, 2021 “Fair Housing Month”   

BUSINESS BROUGHT BEFORE THE COUNCIL
President deMedeiros read the items on the Consent Agenda.

4. 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. April 10, 2021 – Special Session

     2. April 12, 2021 – Regular Session

     3. April 19, 2021 – Special Session

     4. April 19, 2021 – Executive Session

         

B.  Acknowledge Receipt of Minutes from Boards/Commissions/Committees
      1. Historic Preservation Advisory Board (1)
      2. Recreation and Beach Commission (3)

      3. Litter Committee (1)

      4. Cemetery Commission (1)

     

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – March 2021 Budget and Revenue Reports

     2. Pocasset Hill Cemetery Annual 2020 Report

    

D. Acknowledge Receipt of Correspondence

     1. Town of Westerly – Resolution in Opposition to Rhode Island 2021 Gun Control Legislation

     2. Town of Westerly – Resolution in Opposition to S-0259 and H-6067 “An Act Relating to
          Aeronautics”
     3. Town of Glocester - Resolution in Opposition to Rhode Island 2021 Gun Control Legislation

 

Councilor deMedeiros removed item 4-C-1.

Councilor Perry motioned to approve Consent Agenda items with the exception of 4-C-1. Councilor Edwards seconded the motion. The motion passed unanimously.

Councilor deMedeiros reviewed various Budget to Actual and % Expended unspent line item balances to determine needed follow up prior to end of FY21.  

Councilor deMedeiros motioned to approve Consent Agenda item 4-C-1.  Councilor Perry seconded the motion. The motion passed unanimously.  

5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

A. Comments received - None

 

6. PUBLIC HEARINGS (ADVERTISED)

                A. Rosanna Ortiz, 12 Point View Drive – Request approval of sound variance for wedding on May 15,
                   2021 from 4 pm to 10 pm – Subject to meeting all legal requirements

President deMedeiros opened the Public Hearing. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none and the hearing was closed.

Councilor Perry motioned to approve sound variance for wedding on May 15, 2021 from 4 pm to 10 pm, subject to meeting all legal requirements. Councilor Vieira seconded the motion. The motion passed unanimously.

7. APPOINTMENTS AND RESIGNATIONS

                A. Recycling-Landfill Committee – (5) Members - (2 @ 3 yr., 2 @ 2 yr., 1 @ 1 yr. terms) - (4) Vacancies

                     1. Richard Guimond, 37 Neck Road - Request re-appointment to expire 4/15/2024

 

Councilor Perry motioned to waive policy and proceed to the aforementioned re-appointment. Seconded by Councilor Vieira, the motion passed unanimously.

Councilor Perry motioned to appoint Richard Guimond to the Recycling-Landfill Committee for a term to expire 4/15/2024.  Councilor Edwards seconded the motion. The motion passed unanimously. 

                B. Conservation Committee – (7) Member Board - (3) yr terms) - (2) Vacancies

                     1. Richard Guimond, 37 Neck Road - Request re-appointment to expire 4/15/2024

 

Councilor Vieira motioned to waive policy and proceed to the aforementioned re-appointment. Seconded by Councilor Perry, the motion passed unanimously.

Councilor Edwards motioned to appoint Richard Guimond to the Conservation Committee for a term to expire 4/15/2024.  Councilor Vieira seconded the motion. The motion passed unanimously. 

               

                C. Cemetery Commission – (5) Member Board - (3) Year Terms - (2) Vacancies

                     1. Eva Duclos, 75 Lewis Avenue - Request re-appointment to expire 4/15/2024

 

Councilor Perry was aware of a 2nd individual interested in applying and requested item be tabled until next meeting. It was also noted there was only 1 vacant position. 

 

Councilor Perry motioned to continue Item 7-C-1 to next meeting. Seconded by Councilor Edwards, the motion passed unanimously.

                D. Recreation Commission - (7) Member Board - (3) Year Terms - (1) Vacancy

                     1. Chris Roemlein, 73 High Hill Road - Request re-appointment to expire 4/15/2024

 

Councilor Perry motioned to waive policy and proceed to the aforementioned re-appointment. Seconded by Councilor Edwards, the motion passed unanimously.

Councilor Perry motioned to appoint Chris Roemlein to the Recreation Commission for a term to expire 4/15/2024.  Councilor Edwards seconded the motion. The motion passed unanimously. 

 

                E. Arts Council - (5) Member Board - (three 2 yr. and two 1 yr. terms) - (2) Vacancies

                     1. Peter Bramante, 3804 Main Road - Request re-appointment to expire 4/15/2023
                     2. James W. Pelletier, 104 Bonniefield Drive - Request re-appointment to expire 4/15/2022

 

Councilor Vieira motioned to waive policy and proceed to the aforementioned re-appointments. Seconded by Councilor Perry, the motion passed unanimously.

Councilor Vieira motioned to appoint Peter Bramante to the Arts Council for a term to expire 4/15/2023 and to appoint James W. Pelletier to the Arts Council for a term to expire 4/15/2022.  Councilor Perry seconded the motion. The motion passed unanimously.

 

                F. Planning - (9) Member Board (3) Year Terms (1) Vacancy          

                    1. Richard (Dick) Taylor, 309 Holly Circle – Requests appointment to expire 7/15/2023

Councilor Burk, citing pending Building department staffing changes and wishing to give opportunity for other possible applicants, requested item be tabled to the first or second meeting in May.

 

Councilor Burk motioned to continue Item 7-F-1 to next meeting. Seconded by Councilor Edwards, the motion passed unanimously.

8. GENERAL BUSINESS

A. Kayla Couto, Salt Cycle Studios – Request to use Grinnell’s Beach

 

Of the request to conduct outdoor fitness classes on the beach pavilion on Friday evenings through May 21, Councilor deMedeiros expressed concern over prime time private use on public space. Administrator Cotta explained DEM grant money used for beach construction restricts private use of the public space. He furthered that if one entity was approved, all private requests for use would have to be approved also. After discussion, the matter was withdrawn due to grant restrictions.  

 

B. Senior Center Director Holmes – Approval of Budget Transfers

                     1. $2,000.00 from Acct# 6110-7470 Supplies, Activities, Instruction to Acct# 6110-7840 Building
                        Maintenance

                     2. $2,000.00 from Acct# 6110-6420 Elderly Bus Service to Acct# 6110-7840 Building Maintenance

 

Senior Center Director Holmes was not in attendance - item was held in the event she could be reached via phone.   

 

Councilor Janick joined the meeting.

 

                C. Councilor Burk – Discussion and possible vote on House Bill Resolution in support of:        

                     1. H5485 – This act would allow school committees to add item(s) to their agendas for the purposes

                        of discussion only without having to publish notice of the additional item(s)               - Cont. From 4/12/21

 

Councilor Burk motioned to approve passage of Resolution No. 2021-04 in support of H-5485 relating to State Affairs and Government Open Meetings. Seconded by Councilor Edwards, the motion passed unanimously.

D. Councilor Burk – Presentation by Erin Donovan, Chamber Executive Director on Newport Chamber of
     Commerce and subsidiary entities and potential membership benefits to Tiverton. Discussion and
     possible vote on joining Newport Chamber of Commerce and Connect Greater Newport

 

Councilor Burk welcomed Greater Newport Chamber of Commerce Executive Director Erin Donovan-Boyle who gave a presentation on potential town membership benefits including business advocacy and economic development. Chamber of Commerce membership cost is based on number of employees while the public-private partnership of Connect Greater Newport expects a $5000 annual contribution from smaller communities. EDC Chair Renee Jones spoke about past benefits in working with Connect Greater Newport.  Councilor Cook hoped the Chamber was working to address anti-business legislation.    

Councilor Burk motioned to task Administrator Cotta to research costs for Chamber and Connect Greater Newport memberships and potential fund sources for review at next meeting. Seconded by Councilor Edwards, the motion passed unanimously.

E. Councilor Burk - Discussion of Role of Economic Development Commission and possible vote on the
     following:

                a. Joint Town Council/EDC/Planning Board/Zoning Board Workshop to include the Town
                    Administrator, the Town Planner and Building/Zoning Officials

                b. Development of System of ongoing communication between/among EDC/Planning/Zoning
                   and Administrator/Planner/Building and Zoning Officials relative to Development, especially

                     regarding business development
                c. Including EDC in development and implementation of plan to fully develop the
                   Industrial (Business) Park

 

Councilor Burk gave a presentation entitled Strengthening the Effectiveness of the Tiverton Economic Development Commission and Improving Intergovernmental Communication and Collaboration. The EDC roles per the Charter and action items as defined by the Comprehensive Community Plan were discussed. EDC Chair Renee Jones spoke about the need for increased collaboration and support from Administration as well Council in order to further larger and tangible projects/goals. After further discussion, it was agreed that a late May/early June date would be selected for a workshop meeting.   

 

F. Councilor Burk – Establishment of a schedule of periodic meetings of all Town Board and Commission

    Chairs

 

Councilor Burk explained the idea of establishing periodic meetings would enhance communication among the

Boards/Commissions and key Town staff to make effective use of resources. Administrator Cotta was amenable

to facilitating the suggested meetings.   

G. Councilor Burk – Discussion and possible vote to direct Town Administrator to set up timeline for
     Council to undertake a systemic review of the implementation of the Comprehensive Community

     Plan

 

Councilor Burk proposed a thorough review of the progress on the action items/goals of the 2018 Comprehensive Community Plan and to address any needed timeline modifications if necessary. To begin the process, Administrator Cotta offered to request updates from the Boards and Commissions to be reviewed at a future meeting.   

 

H. Councilor Cook – Update to Town Council regarding Tiverton coastline CRMC 2021-02-054 shellfish
     lease proposal at Sapowet Point

 

Councilor Cook explained that while CRMC has authority over the proposed aquaculture installations, the Town should be updated of the current status. She noted concerns over some confusion of the actual location as well as citizen opposition. Speaking to the proposed installations, Councilor Edwards voiced concern over the large size and detrimental effect on the coastline view at Sapowet Point. Councilor Vieira added that the Harbor Commission works closely with CRMC and suggested a Harbor Commission update at a future meeting. Solicitor Marcello was to research the status the particular project application to discuss at a future meeting.    

 

I. Discussion and possible vote on request to advertise an amendment to Code of Ordinance Chapter 67

    FLOODPLAIN MANGEMENT PROGRAM Sections 67.2 and 67.4, for public hearing on June 14, 2021

 

Councilor Edwards motioned to advertise for a public hearing on June 14, 2021 for the aforementioned amendment. Seconded by Councilor Burk, the motion passed unanimously.

J. DPW Director Rogers – Requests permission to award contract for Specified Recreational Facility and
    Turf Management Services

 

Councilor Burk motioned to award contract for Specified Recreational Facility and Turf Management Services to GS Lawn & Garden, subject to minor correction of 5 ton roller rental rate to “per day.”  Seconded by Councilor Edwards, the motion passed 6-1 (Councilor Perry abstained).   

K. Councilor Cook – Consideration to amend the Charter – Article V, Sec. 502, Article IX, Sec. 901 (a), Sec.

     902 (a), Sec. 903 (a) – Continued from 2/22/2021

 

Councilor Cooks approved Councilor deMedeiros’ request to continue the item until 5/10/21 meeting.

 

L.  Town Administrator – Request authorization to purchase (2) Stryker Lucas 3 Chest Compression
      System using Council approved Municipal Capital Account

 

Councilor Janick motioned to approve the purchase of (2) Stryker Lucas 3 Chest Compression System using Council approved Municipal Capital Account. Seconded by Councilor Perry, the motion passed unanimously.

M. Tax Assessor Robert – Update on Revaluation and budgetary requirements for FTR

 

Assessor Robert updated that informal hearings are underway on the approximately 120 resident requests, representing 1.2% of all property. He would return with an update after the informal hearing process is completed. He added the tax rate was expected to decrease, citing a large 2020 market appreciation ranging on average from 12 to 35 percent. He noted a minor change to the net value of the real estate intangibles from $2,550,000.000 to $2,670,000,000.

 

9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

                A. Councilor deMedeiros – Casino Gaming Revenue Advisory Committee

 

Councilor deMedeiros confirmed that despite advertising and great interest, there have been no volunteers coming forward to date. She reiterated the importance of the committee and requested council members reach out to persons who may be interested. 

 

                B. Councilor Burk – Update on intervention with Cox Communication and Constituent issues

Councilor Burk had reached out to the president of Cox to resolve connectivity/service issues. A list of approximately 35 residents with complaints was given to Cox Vice-President Stephanie Federico, to oversee. Much of the capacity issues were due to increased usage due to remote learning etc.  Others with issues were encouraged to submit their name/contact info for assistance. He intended to have Cox present at the second meeting in May to give updates. 

                C. Councilor Burk – Information on Rent Relief RI program

Councilor Burk explained the program was approximately 200 million dollars, funded through American Rescue Act money, for renters and landlords at risk of foreclosure.  He directed anyone interested in assistance to

rihousing.com for further information.

 

                D. Town Clerk – Reminder Ethics Training is tomorrow, April 27, 2021 at 7:00 PM

 

Solicitor Marcello confirmed that no quorum was necessary at the Ethics Training seminar.

 

Senior Center Director Holmes was not able to be reached for comment on Agenda Item 8-B, therefore it was suggested to be continued until next meeting.

 

Councilor Perry motioned to continue Item 8-B to the May 12, 2021 meeting. Seconded by Councilor Janick, the motion passed unanimously.

 

10. CLOSED EXECUTIVE SESSION

A. Town Administrator – RIGL 42-46-5(a)(2) – Collective Bargaining - IBPO

 

Councilor Perry motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) – Collective Bargaining – IBPO, Councilor Burk seconded the motion, the motion passed unanimously.

 

B. Town Administrator – RIGL 42-46-5(a)(1) – Discussion related to job performance, character or  

     physical or mental health of a person related a current employee in Building/Planning - notice given

 

Councilor Perry motioned to enter executive session pursuant to RIGL 42-46-5(a)(1) – Discussion related to job performance, character or physical or mental health of a person related a current employee in Building/Planning - notice given, Councilor Burk seconded the motion, the motion passed unanimously.

 

C. Town Administrator – Litigation – RIGL 42-46-5(a)(2) – Closed session related potential litigation

      regarding the revaluation/appraisal of the Tiverton power plant, Revere Power, LLC.

 

Councilor Perry motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) – Closed session related potential litigation regarding the revaluation/appraisal of the Tiverton power plant, Revere Power, LLC., Councilor Burk seconded the motion, the motion passed unanimously.

 

Council entered closed executive session at approximately 10:15 p.m.

Council reconvened in open session following the conclusion of the executive session.

 

The Town Council reconvened in open session following the conclusion of the executive session.

Councilor Perry motioned to seal the minutes of Executive Session. Councilor Burk seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported that no formal votes were taken.

 

11. ADJOURNMENT

Councilor Janick made a motion to adjourn the meeting. Councilor Vieira seconded the motion. The motion passed unanimously. The meeting adjourned at 11:06 p.m.

 

A True Copy.

 

ATTEST_________________________

                 Joan B. Chabot, Town Clerk