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, February 22, 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	Councilor Cook
Councilor Vieira

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

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.   February 8, 2021 – Regular Session

2.   February 8, 2021 – Executive Session

3.   February 13, 2021 – Special Session

(Councilor Perry abstains – absent)

4.   February 16, 2021 – Special Session

B.   Acknowledge Receipt of Minutes from Boards/Commissions/Committees 1. Board of Canvassers (1)

C.   Acknowledge Receipt of Reports

1.   Treasurer Saurette – January 2021 Budget and Revenue Reports

2.   Jennifer Siciliano, Town Planner and Administrative Officer – Report of Activities of Planning Department and Planning Board for January 2021

D.  Acknowledge Receipt of Correspondence

1.   CRMC Public Notice Application from Travis Lundgren & Brad Boehringer, to construct and maintain a commercial lease site using floating and submerged gear for oysters & scallops

2.   Town of Charlestown – Resolution in support of 2021- H5113 An Act Relating to Miniature Alcoholic Beverage Container Deposit Recycling

3.   Town of Charlestown – Resolution in support of 2021- H5280 and 2021 -S10106 An Act Relating to Health and Safety - Beverage Container Deposit and Recycling Act of 2021

4.   City of Central Falls – Resolution in support of Afterschool and Summer Programs for Rhode Island’s Youth

5.   City of Central Falls – Resolution in support of Passage of the Civics Literacy Act HB-5028

6.   City of Central Falls – Resolution in support of Passage of Misdemeanor Reclassification – SB-118 –for the Protection of Immigrant Families

E.   Approval of Tax Assessor Abatements - $21.67

 

Councilor Edwards motioned to approve Consent Agenda items. Councilor Cook seconded the motion. The motion passed unanimously

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

     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, January 25, 2020

 

A. Comments received – none  

 

6. PRESENTATIONS

            A. Hague, Sahady & Co. P.C. - Annual Financial Report Year Ending June 30, 2020

Due to a family emergency, the auditor with Hague, Sahady & Co was unable to attend.

Councilor Edwards motioned to table the aforementioned item until next meeting on 3/8/21. Councilor Perry seconded the motion. The motion passed unanimously

7. PUBLIC HEARINGS (ADVERTISED)

            A. Ed Mazzaferro, 59 Nanaquaket Road – Request approval of sound variance for wedding on June 26,
                  2021 from 4 pm to 11 pm – Subject to meeting all legal requirements – Cont. from 2/8/21

                 Update from Police and Fire Departments related to fireworks request

 

Hearing had been tabled from the previous meeting on February 8 due to questions about the type of fireworks intended for use. Joe Smith, present to speak on behalf of the Petitioner, confirmed the fireworks permit was no longer being requested.  

 

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

 

Councilor Perry motioned to approve sound variance only. Seconded by Councilor Edwards, the motion passed unanimously.

8. APPOINTMENTS AND RESIGNATIONS

            A. Tiverton Housing Authority – (5) Member Board - (5) Year Terms - (1) Vacancy

                 1. Jeannie-Mae Durfee, 2411 Main Rd - Requests re-appointment to expire 10/15/2025

 

Concerns were raised about Housing Authority following proper OMA procedures related to meeting agendas and minutes. Council preferred to consult with the Board Director or Chair prior to the re-appointment.

 

Councilor Perry motioned to table the aforementioned item until next meeting on 3/8/21. Councilor Burk seconded the motion. The motion passed unanimously.

 

9. GENERAL BUSINESS

            A. Review of proposed regulation from Planning Department related to cistern requirement in new
                  developments/town council comment

 

Planning Board Chair Gill provided a draft for amendments to the cistern regulations for Council to review. Amendments had previous Fire Department approval. Lengthy discussion ensued relative to subdivision/land development requirements as well repair and maintenance responsibility post installation. The objective of the amendments was to remove any maintenance responsibility and/or liability from the Town. No votes were taken.

 

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

                  Sec. 902 (a), Sec. 903 (a)

 

Councilor Cook introduced potential Charter changes to remove restrictive job qualification requirements thereby allowing Administrator or Council discretion to hire based on broader qualifications and experiences. Councilor deMedeiros, noting her intent to establish a Charter Review Committee in the near future, suggested incorporating this item at that time. Councilor Cook agreed.

 

            C. Budget Review and Potential Votes on Town Council Proposed Budget FY 22 - Police, Fire and Legal

                   Services

 

Councilor deMedeiros began with 3330 Police Dept. Salaries, noting minimal increase most of which was contractual.

 

Councilor Edwards motioned to fund 3330 Police Dept. Salaries request of $3,078,547. Councilor Perry seconded the motion. The motion passed unanimously.

Under General Contractual/Mandated Expenses, Chief Jones advised of a savings rendered from the funding of a phone system, and suggested a $10,000 reduction in line item 6928 State Education Mandated, thereby reducing bottom line to $188,300.  

 

Councilor Perry motioned to fund 3330 Police Dept. General Contractual/Mandated Expenses request of $188,300. Councilor Vieira seconded the motion. The motion passed unanimously.

Councilor deMedeiros continued with 3330 Police Dept. Operations, also noting minimal increase.

 

Councilor Perry motioned to fund 3330 Police Dept. Operations request of $245,900. Councilor Janick seconded the motion. The motion passed unanimously.

 

Administrator Cotta noted the total Police Dept. request was now $3,512,747.

 

Regarding Fire Dept. budget, Administrator Cotta noted that after consultation with Chief Reimels, he requested Council consider withdrawal of the Deputy Chief line item to hold for future contract negotiations. Councilor deMedeiros concurred, furthering that if the Rotator firefighter’s line is approved, overtime amounts should decrease to $150,000. Councilor Cook concurred, questioning the total cost of the rotators including benefits, and suggested further overtime reduction. Councilor deMedeiros reminded that rotator firefighters were not necessary until after current contract expiration in 2022.

 

Councilor Cook motioned to fund 3310 Fire Department Salaries request removing Deputy Chief and Rotator firefighters line items. Councilor deMedeiros seconded the motion.

 

Discussion continued relative to overtime projections during COVID as well as factoring actual usage pre-COVID in 2019. 

 

The motion failed 6-1, with Councilors, deMedeiros, Burk, Edwards, Vieira, Perry and Janick opposed.  

 

Councilor Edwards motioned to fund 3310 Fire Department Salaries request reducing Overtime amount to $125,000 and removing Deputy Chief line item for a total amount of $2,525,670. Councilor Vieira seconded the motion. The motion passed 5-2, with Councilors Cook and Perry opposed.

 

Councilor deMedeiros continued with Operations totals, noting approximately a 50k increase from last year.  

 

Councilor Edwards motioned to fund 3310 Fire Department Operations request for a total amount of $394,200. Councilor Janick seconded the motion. The motion passed unanimously.

 

Councilor deMedeiros continued with Legal Services. Administrator Cotta noted he level funded everything with the exception of 7191 Labor Counsel as he expecting IBPO matters.

 

Councilor Perry motioned to fund 1050 Legal Services request for a total amount of $267,500. Councilor Cook seconded the motion. The motion passed unanimously.

 

            D. Reaffirm vote to approve $404,500 spend from the Capital Restricted Account and allow Departments

                 and Commissions to seek bids for the municipal capital and capital improvements

 

Note: Item had been previously voted on at February 13 meeting, however, item was not properly noticed on the corresponding agenda.

 

Discussion ensued regarding adding an additional Lucas chest compression device to ensure all stations are properly equipped. Also discussed was moving the $100k fire truck first payment to Capital request and moving the same amount for Recycle Center into Restricted, changing total amount of Restricted to $419,500.

 

Councilor deMedeiros summarized:

 

Total amount approved from the Capital Reserve Fund is $419,500, for the following:

$90,000 for DPW 2 used, plow & attachments

$100,000 for Recycle center                                          

$165,000 for Police vehicles

$8,500 for Harbormaster trailer

$10,000 for Waterfront Infrastructure

$16,000 for Town Farm Security system

$30,000 for two Lucas Chest Compression devices

 

Councilor Vieira motioned to approve the above amounts from Capital Restricted Account for a total amount of $419,500. Councilor Janick seconded the motion. The motion passed unanimously.

 

Councilor deMedeiros noted that another budget meeting would need to be scheduled to address remaining budget items. Saturday, February 27 at 10:30 was decided. 

 

            E. Discussion of potential of extending deadline for FY 2022 FTR and budget deadlines submissions in

                 light of uncertainty of state budget and municipal and educational aid

 

Administrator Cotta explained the State still not provided revenue numbers yet and he didn’t expect anything until the end of March. Council President deMedeiros, noting that she has authority without a vote as Executive Orders were still in place, asked for Council consensus. Cotta expressed concern over State revenue and felt a budget should not be set until there was more information. Attorney Marcello confirmed that as a state of emergency remains at both state and local levels, the CEO, which under the Charter is the Council President, has authority to move deadlines. He suggested moving the FTR date as well as corresponding budget submission deadlines. Discussion continued and consensus appeared to support an extension. Council President deMedeiros declared that she would select a date and sign an executive ordered within a few days. In light of the FTR postponement, the previously scheduled budget meeting on Saturday, February 27 was cancelled.

 

            F. Approval of Town Planner salary increase per contract provision

Administrator Cotta explained that Planner Siciliano’s’ contract included a provision for a $1000 salary increase after a six month probationary that expired October 28, 2020. Noting Siciliano’s exemplary performance, he intended to retroactively adjust the salary.

 

10. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

            A. Town Administrator – Update on COVID19 Vaccine

Administrator Cotta wished to thank Chiefs Reimels and Jones as well as Little Compton Fire Chief Petrin for their assistance in the joint COVID vaccination clinic held on February 18 for Tiverton and Little Compton residents over the age of 75 at Tiverton High School. He furthered that anyone who received a first shot is automatically registered for the second shot in a few weeks.

 

            B. Town Clerk
                 1. Town Clerk – Update on March 2, 2021 Special Referenda

Clerk Chabot updated that emergency ballot period continues thru 4PM on March 1. There were 57 ballots cast so far. The special referendum will be held on March 2, 2021 and voters can vote at either the VFW or Amicable Church locations.

            C. Solicitor Marcello – Case 20-1473 – William C. McLaughlin; Deborah McLaughlin v. Town Of
                 Tiverton – Report on Opinion and Judgement from US Court of Appeals

Solicitor Marcello updated that after a successful summary judgement in District Court of RI, an appeal was made to the 1^st Circuit of Appeals in Boston whereas the decision of the lower court was upheld, finding in favor of the Town. A final appeal would have to be granted by the Supreme Court which was unlikely, therefore the case would be technically over within 30 days of final judgement being entered.

            D. Open Meeting Act Tiverton seminar for February 24, 2021

Councilor deMedeiros reminded of upcoming OMA seminar by hosted by Solicitor Marcello. Administrator Cotta confirmed Zoom info was sent out and seminar would be recorded on YouTube for those unable to make meeting.

  

Administrator Cotta announced the Assistant Solicitor interviews were complete and he would send Councilors written confirmation, and anticipated an appointment could be made at the next meeting.

 

11. ADJOURNMENT

Councilor Perry made a motion to adjourn the meeting. Councilor Cook seconded the motion. The motion passed unanimously. The meeting adjourned at 10:08 p.m.

 

 

A True Copy.

 

ATTEST_________________________

                 Joan B. Chabot, Town Clerk