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, January 11, 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 - absent	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. December 28, 2020 – Regular Session

     2. December 28, 2020 – Executive Session

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees

     1. Historic Preservation Advisory Board (3)

     2. Board of Canvassers (1)    

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – December 2020
     2. Town Administrator – Police and Fire Department Overtime Reports – December 2020
D. Acknowledge Receipt of Correspondence

     1. CRMC Public Notice Application from Violette Sahady, 112 Riverscape Lane to construct and
               maintain a residential Boating Facility

     2. Discover Newport annual audit reports for years ended June 30, 2020 and 2019

     3. Harbor Commission – Invitation to Sea Level Rise presentation on February 1, 2021

E. Approval of Tax Assessor Abatements

 

Councilor Janick removed items D-1 and D-3.

Councilor Burk removed item B-1.      

 

Councilor Burk motioned to approve Consent Agenda items with the exception of B-1, D-1 and D-3. Councilor Janick seconded the motion. The motion passed unanimously.

Councilor Burk, having noticed a significant number of agendas/minutes not filed on the SOS website, suggested Solicitor Marcello host an OMA workshop for Boards/Commissions as a refresher to ensure understanding of requirements. The Solicitor agreed and suggested the February 22 meeting to plan an OMA Zoom workshop.  

 

Councilor Burk motioned to approve Consent Agenda item B-1.Councilor Janick seconded the motion. The motion passed unanimously.

Councilor Janick requested simple clarification related to CRMC Public Notices. With regard to item D-3, she requested a link to attend the corresponding Zoom meeting.   

Councilor Janick motioned to approve Consent Agenda items D-1 and D-3. Councilor Vieira 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, September 28, 2020

 

A. Comments received - none  

 

6. PUBLIC HEARINGS (ADVERTISED)

            A. Approval of proposed amendment to Tiverton Code of Ordinances - Chapter 78 – Traffic and Vehicles
                 Section 78-37(f) Stop Streets – to install a stop sign at the intersection of Cathy Lane and Merritt Ave

 

President deMedeiros opened the Public Hearing and asked if comments had been received or if any members of the public wished to speak; there were none. She noted she had received many calls from concerned residents on Merritt Ave. requesting a stop sign on Cathy Lane for years to prevent speeding and “cut-through” traffic.

 

Chief Jones addressed Council recommending installation of a stop sign and appropriate striping at the intersection of Merritt Avenue and Cathy Lane. The necessity to slow traffic travel was based on the enforcement and monitoring efforts of the department and verified complaints from local residents. He affirmed that officers will remind residents before any enforcement action will be taken. DPW Director Rogers agreed with the recommendation and confirmed installation could be complete within a week.

 

President deMedeiros again called for members of the public to speak; there were none. The Public Hearing was then closed.

 

Councilor Edwards motioned to approve the amendment to Tiverton Code of Ordinances - Chapter 78 – Traffic and Vehicles Section 78-37(f) Stop Streets – to install a stop sign at the intersection of Cathy Lane and Merritt Ave. Councilor Burk seconded the motion. The motion passed unanimously.

 

7. APPOINTMENTS AND RESIGNATIONS

            A. Historic Preservation Advisory Board – (5) Member Board - (3) Year Terms - (2) Vacancies
                 1. Barbara Pelletier, 104 Bonniefield Drive - Requests re-appointment to expire 10/15/2023

 

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

Councilor Janick motioned to approve the aforementioned re-appointment. Seconded by Councilor Edwards, the motion passed unanimously.

            B. Budget Committee - (11) Member Board - (4) Year Terms - (3) Vacancies
                 1. John Edwards, 952 Seapowet Avenue - Requests appointment to expire 11/8/2022
                 2. Daniel J. Deren, 1542 Main Road - Requests appointment to expire 11/8/2022
                 3. Michael Janick, 374 Judson Street - Requests appointment to expire 11/8/2022

Councilor deMedeiros briefly interviewed each of the candidates before proceeding to vote.        

Councilor Burk motioned to waive policy and proceed to potential appointment. Seconded by Councilor Edwards, the motion passed 5-0; Councilor Janick recused.   

 

Councilor Edwards motioned to appoint Michael Janick to Budget Committee appointment to expire 11/8/2022. Seconded by Councilor Vieira, the motion passed 4-0; Councilor Janick recused, Councilor Burk was momentarily absent.    

 

Councilor Edwards motioned to appoint John Edwards to Budget Committee appointment to expire 11/8/2022. Seconded by Councilor Janick, the motion passed 5-0; Councilor Burk was momentarily absent.     

 

Councilor Burk motioned to appoint Daniel J. Deren to Budget Committee appointment to expire 11/8/2022. Seconded by Councilor Cook, the motion passed unanimously.       

 

            C. Acknowledgement of resignation
                 1. David Perry resignation from the Planning Board effective December 11, 2020
                 2. Letter of resignation from John R. Bernardo III, Esq., Assistant Solicitor for Prosecutions
                 3. Judy Jones resignation from Tax Assessment Board of Review effective January 7, 2021

Councilor Burk motioned to accept the aforementioned resignations. Seconded by Councilor Cook, the motion passed unanimously.      

            D. Annual Tree Warden Appointment to January 31, 2022
                 1. Frankey Ramos, Manchester’s Tree & Landscaping, 2970 Main Road – Reappointment request

Councilor Cook motioned to approve the aforementioned re-appointment. Seconded by Councilor Vieira, the motion passed unanimously.

8. GENERAL BUSINESS

            A. Councilor Cook – Discussion and review of procedures for town acceptance of streets

Councilor Cook opined about decades long issues and inconsistencies related to the formal acceptance of streets such as long held sureties, DPW maintenance without acceptance etc. Councilor deMedeiros suggested the Solicitor and Administrator meet with the Planning Board to gather input and recommendations first, then possibly move to public hearing/ordinance changes to resolve matters.  

            B. Councilor Burk – Discussion and possible vote on proposed amendments to the Town Council
                 Governance Policy

Councilor Burk had presented several proposed amendments for consideration in an effort to ensure the governance rules make sense and can be readily followed. After discussion, the following votes were taken:   

Councilor Burk motioned to accept the additional language under 2.a. that states “At any time there is a change in the Open Meetings Act (OMA) by the Rhode Island General Assembly or an Executive Order of the Governor that allows for public meetings to be held virtually, the Council may choose to hold meetings virtually in accordance with the OMA at that time or the Governor’s Executive Order.” Seconded by Councilor Edwards, the motion passed 5-1, with Councilor Cook opposed.       

Councilor Burk motioned under 2.c. on the second paragraph, after the clause “At all emergency meetings” strike the word “first” and insert in its place the word “only.” Seconded by Councilor Cook, the motion passed unanimously.        

Councilor Burk motioned under 2.d. to strike the line “If the Town Council President and Vice President are not available, the Town Clerk may cancel or postpone a meeting due to inclement weather or other unforeseen circumstance.” Seconded by Councilor Vieira, the motion passed unanimously.       

Councilor Burk motioned to accept the additional language at the end of 3.c. that states “If a meeting is being held virtually in accordance with Section 2.a. of this policy, all votes shall be conducted by roll call.” Seconded by Councilor Janick, the motion passed 5-1, with Councilor Cook opposed.      

Councilor Burk chose to withdraw the suggested edits under section 3.d. for further study.

Councilor Burk motioned to amend section 3. e. 1. to strike “ or longer at the discretion of the President” and to add the phrases “Any member of the public speaking during the public comment period, or at other times when invited by the President to speak, shall be limited to speaking once for no more than three (3) minutes, not inclusive of time used to respond to direct questions from Council members” and “Members of the public are also encouraged to provide written, legible comments in lieu of speaking and to provide their oral testimony in writing for the public record.” Seconded by Councilor Edwards, the motion passed unanimously.       

Councilor Edwards motioned to accept the additional language at the end of 3.e.5. “Any time limits identified above do not apply to an individual who has requested that an item be placed on the agenda and who is presenting that topic to the Council but it shall apply to any other member of the public who is invited to speak on the topic.” Seconded by Councilor Burk, the motion passed unanimously.       

Councilor Edwards motioned to amend section 4. a. to strike “Unless otherwise instructed by the Town Council President, the Town Clerk shall have the authority to reject Agenda items, other than those submitted by a member of the Town Council, that the Town Clerk deems not appropriate for the Agenda, including but not limited to, those items that do not specify an action to be taken by the Town Council that is within its power to take, those items lacking sufficient supporting documentation, and those items where there is insufficient time to refer to other Town agencies or officials prior to coming before the Town Council.  The Town Clerk shall also have the discretion and authority to reschedule any agenda item submitted by a member of the Town Council lacking sufficient supporting documentation, and those items where there is insufficient time to refer to other Town agencies or officials prior to coming before the Town Council, with notice to whoever submitted the item.  If the member of the Town Council submitting the item to be rescheduled objects, a final decision will be made by the President of the Town Council or if not available by the Vice President.” Then adding the phrase “Town Council President or designee” and to strike the immediately following words “Town Clerk” and “also.” Seconded by Councilor Burk, the motion passed unanimously.      

Councilor Burk motioned under 4.b. to move the word “only” to after “council meeting.” Seconded by Councilor Vieira, the motion passed unanimously.       

The suggested edit under section 6.a. was determined to be inconsequential. 

Councilor Edwards motioned to amend the first sentence under 7. a. to “and, in that capacity is the Chief Executive Officer of the Town. The Town Council President shall” and to add the language “This includes the responsibility and authority to take emergency action, including the declaration of states of emergency.  This authority is granted to the Town Council President through R.I.G.L. §30-15-12 and 30-15-13, as well as the Tiverton Home Rule Charter, Article IV, Sections 404 and 405.“ after the second sentence. Seconded by Councilor Vieira, the motion passed unanimously.       

Councilor Burk motioned to accept under section 8. the additional language “(or any subsequently revised edition)” at the end of the first sentence. Seconded by Councilor Janick, the motion passed unanimously.       

Councilor Burk noted he would meet with Solicitor Marcello to discuss the proper process of changing motions and bring back at a later date.  

            C. Councilor deMedeiros – Preliminary Budget 2021/2022 due January 15, 2021 to Budget Committee
                 and Joint Budget Workshop on January 14, 2021

Councilor deMedeiros reminded Council of the preliminary 2021/2022 budget and Joint Budget Workshop and shared a comprehensive key date timeline drafted by Clerk Chabot.

            D. Councilor deMedeiros – Schedule workshops for budget review

Councilor deMedeiros noted historically the Council meets several times for budget workshops where different department heads are invited to present capital needs. She suggested and it was agreed that 9:30 am on Saturday, January 23, 2021 would be the first workshop inviting the Fire and Police Chiefs. A second workshop was discussed but a date was not solidified.

            E. Recreation Commission/Town Administrator - Ratification of contract with Kompan for Town Farm
                 grant projects

Administrator Cotta explained after advertising for vendor proposals and significant due diligence, the Recreation Commission was recommending KOMPAN to provide playground items. He and the Recreation Commission had agreed with KOMPAN in order to secure significant year-end savings.

Recreation Committee Chair Gilfillen clarified that the specific committee appointed by the Council in 2019 was the Town Farm Renovation Committee, separate from the Recreation Committee. He furthered that three different vendors on the master price list had been evaluated. In addition to the 64K year-end savings, Gilfillen described additional opportunities for further cost savings such as in-kind donations and volunteer labor. He noted the contract omitted the pickle ball component as it was learned that regulation issues may exist with the tennis courts. It was decided to break down the project into three phases; playground, fitness and pickle ball. He encouraged those wishing to volunteer to visit the website recreatetownfarm.org to sign up.  

Councilor Edwards motioned to ratify the contract with Kompan for Town Farm grant projects. Seconded by Councilor Janick, the motion passed unanimously.

 

9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

            A. Town Administrator – Update on CARES Act funds

Administrator Cotta noted that as part of the budget reconciliation for FY21 Budget, the Governor allocated $136M in CARES monies to cities and towns of which Tiverton would be receiving $470K. He explained that approximately $350K is backfilling motor vehicle tax revenue, which leaves only approximately $100K. He lamented that what was cut was expected revenue, leaving the town essentially unfunded. The CARES funds must be used for public safety expenditures i.e. police and fire for the most part. Councilor Edwards questioned the receipt of and funding of COVID vaccinations. The Administrator responded that the vaccinations are federally funded, but that no vaccinations had been received yet at the town level. The state is only receiving 14K vaccinations per week, much of those being administered to medical staff and ems responders.   

            B. Councilor deMedeiros – Announcement regarding business establishment compliance with
                 Governors’ Executive Orders     

Councilor deMedeiros noted that she had received complaints about certain businesses not following COVID restrictions by allowing unmasked people to standing at the bar or having drinks while waiting for take-out. She
furthered that everyone needs to help and wanted to give a public reminder of the need to follow rules to stay safe. She noted that the RI COVID Task Force as well as the Police Department were doing spot checks and administering fines if necessary. She furthered the Solicitor confirmed liquor licenses could be suspended if necessary, adding that no Councilor would want to have do that. Due to the high numbers of complaints, many are being passed along to the state, said Administrator Cotta. Councilor Edwards suggested owners of business not obeying the rules be required to come before the Council for a license hearing.

            C. Town Clerk - Update on March 2, 2021 Special Referendum

Clerk Chabot updated on the State’s March 2 Special Referendum for seven ballot questions on state bonds. There are no local questions. She noted the State will be sending out voter information handbooks as well as mail ballot applications during the week of January 18 with a return date of February 9. Voter registration deadline is January 31. Early voting will occur February 10 thru March 1 at the town hall during normal business hours. She added that polling place approval by the Board of Elections was expected January 14.

Councilor Janick asked where funds for this election are derived as it wasn’t budgeted. The Clerk replied the BOE was researching options but had not given firm information to date. Councilor deMedeiros added there was extra money in the election account that had been rolled over. Administrator Cotta requested that the Clerk continue to research potential grant options to help subsidize.     

            D. Town Administrator – Update on grant submittal to Firehouse Subs Public Safety Foundation

Administrator Cotta updated that although Fire Chief Reimels had prepared a good presentation for the grant discovered by Councilor Cook, the grant was ultimately unable to be fulfilled. He furthered that they would re-apply when the next opportunity arose.

 

11. ADJOURNMENT

Councilor Vieira made a motion to adjourn the meeting. Councilor Edwards seconded the motion. The motion passed unanimously by hand vote. The meeting adjourned at 9:38 p.m.

 

 

A True Copy.

 

ATTEST_________________________

                 Joan B. Chabot, Town Clerk