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 25, 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. January 11, 2021 – Regular Session

         (Councilor Perry abstains – absent)

     2. January 14, 2021 – Joint Budget Workshop

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

     1. Planning Board (2)

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – December Budget and Revenue Reports

     2. Planning Board Chair Gill – Planning Board 2019-2020 Annual Report

     3. Jennifer Siciliano, Town Planner and Administrative Officer – Report of Activities of Planning

         Department and Planning Board for December 2020
D. Approval of Tax Assessor Abatements – Total amount $2,186.59

 

Councilor Janick 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. PUBLIC HEARINGS (ADVERTISED)

 

            A. Discussion and possible vote on proposed amendment to Tiverton Code of Ordinances - Article I –
                 Section 10 – Public Nuisance of Animals – continued from December 14, 2020

 

Discussion ensued amongst Council relative to potential Code amendments to fine owners of barking dogs and animals considered a nuisance. Councilor Cook also proposed changing the hours when a barking dog would create a disturbance, resulting in a fine to an owner. A dog barking for a sustained period of 30 minutes would be “unreasonably disturbing the peace.” The dog's owner would be given a warning on the first complaint, fined upon subsequent complaints, and face possible impoundment of the animal. The owner would pay boarding costs. Time between fines to be at least 30 days. The language would also apply to other animals, particularly those that produce odors or are in unclean conditions.

 

President deMedeiros opened the Public Hearing and asked if comments had been received or if any members of the public wished to speak. Joe Sousa questioned how an animal control officer would know if a dog had been barking for 30 minutes. Councilors Cook explained at least two neighbors from different residences must corroborate the information. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none.   

 

Councilor Edwards motioned to accept section 10-1 with the spelling correction of the word “attack” in section (e). Seconded by Councilor Burk, the motion passed 5-2, with Councilors Vieira and Perry opposed.

 

Councilor Edwards motioned to amend in Section 10-2 (c), the timeframe in the first sentence to “during the hours of 9pm to 7am.” Seconded by Councilor Janick, the motion passed 4-3, with Councilors Burk, Vieira and Perry opposed.

 

Councilor Edwards motioned to accept section 10-3 with the following corrections: change the word “dog” to “animal,” spelling correction of the word “Ordinance” and the words “offense,” and changing the 1^st offense fine to $25.00 and 2^nd offense fine to $50.00. Seconded by Councilor Cook, the motion passed 6-1, with Councilor Vieira opposed.

 

Councilor Burk motioned to amend Section 10-3 (c )to read “3rd offense …..the owner must pay a $100.00 fine and such animal may be impounded by the animal control officer, and all impounding fees and any additional costs of boarding the animal as long as said 3rd offense is at least 30 days from the date of a citation for the 2nd offense.” Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Vieira opposed.  

 

Councilor Burk motioned to accept Article I, sections 10-1, 10-2, and 10-3 as amended and directing the Solicitor to address any non-substantive typographical errors. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Vieira opposed.

 

7. APPOINTMENTS AND RESIGNATIONS

 

            A. Library Board of Trustees - (7) Member Board - (3) Year Terms - (2) Vacancies
                 1. John Edwards, 69 South Avenue - Requests appointment to expire 10/15/2023

 

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

 

Councilor Burk motioned to approve the aforementioned appointment. Seconded by Councilor Vieira, the motion passed unanimously.

            B. Tax Assessment Board of Review - (3) Member Board - (3) Year Terms - (2) Vacancies
                 1. Carol Guimond, 37 Neck Road - Requests appointment to expire 10/15/2022

 

Councilor Perry motioned to waive policy and proceed to re-appointment. Seconded by Councilor Janick, the motion passed 6-1, (Councilor deMedeiros had stepped away).

 

Councilor Edwards motioned to approve the aforementioned appointment. Seconded by Councilor Perry, the motion passed 6-1, (Councilor deMedeiros had stepped away).

 

            C. Acknowledgement of resignation
                 1. Deb Pallasch resignation from Tiverton Town Farm Renovation Committee effective 1/16/2021

 

Councilor Perry motioned to accept the resignation of Deb Pallasch with regret and to thank her for her years of service. Seconded by Councilor Vieira, the motion passed unanimously.

 

8. GENERAL BUSINESS

 

            A. Councilor deMedeiros – Scheduling of OMA seminar for February 24, 2021

 

Councilor deMedeiros noted concerns of some committees not filing minutes or posting meeting notices/minutes according to OMA requirements. Administrator Cotta added there are many different resources available for members including a taped annual symposium by the AG’s office, to aid in OMA education. All heads of commissions as well as the Councilors were encouraged to attend the seminar, hosted by Solicitor Marcello on February 24, 2021 at 7pm.

 

            B. Town Administrator – Request Approval of Budget Transfers
                 1. Acct 33306928 (Education/Seminar) to 33306969 (Medical Supplies) for $2500.00
                 2. Acct 33306928 (Education/Seminar) to 33306648 (Auto) for $5000.00
                 3. Acct 33306928 (Education/Seminar) to 33307199 (State Psychological Tests) for $1200.00

 

Councilor Burk motioned to approve the aforementioned transfers. Seconded by Councilor Perry, the motion passed unanimously.

 

            C. Town Administrator – Request approval for a salary increase for Executive Assistant Mary Lou
                 Sullivan consistent with funding allocated for non-union raises in Council Contingency for FY21
                  budget

 

Councilor deMedeiros asked for a motion to table the item until after executive session.

 

Councilor Perry motioned to table item 8-C until post Executive Session. Seconded by Councilor Vieira, the motion passed unanimously.

 

            D. Town Administrator - Request approval for a 2% pay increase for Tax Collector Toni-Lyn McGowan,
                 effective July 1, 2020, consistent with approved FY21 budget

 

Councilor deMedeiros asked for a motion to table the item until after executive session.

 

Councilor Perry motioned to table item 8-D until post Executive Session. Seconded by Councilor Vieira, the motion passed unanimously.

 

            E. Police Chief Jones – Requests permission to advertise to generate a hiring list for police officer
                 candidates for July 2021 Police Academy

 

Chief Jones explained to Council the necessity in generating a new hiring list for police officer candidates. The Academy had originally authorized four slots to the January academy, but due to COVID-19 class size was reduced eliminating two Tiverton slots. One candidate failed a physical agility test and was replaced with one of the two remaining candidates. Another candidate was hospitalized, and was replaced with the remaining available candidate.  

 

Councilor Cook motioned to grant permission to advertise to generate a hiring list for police officer candidates for July 2021 Police Academy. Seconded by Councilor Janick, the motion passed unanimously.

 

            F. Councilor deMedeiros – Discussion and possible vote to advertise public hearing for proposed
                 amendment to remove sunset provision from Tiverton Code of Ordinance – Chapter 2 Administration
                 Section 2-107 Casino Gaming Revenue

 

Councilor deMedeiros explained the intent of hearing was to begin discussion and hopefully form a committee by May to develop suggestions for casino money distribution. 

 

Councilor Burk motioned to advertise for a public hearing for proposed amendment to remove sunset provision from Tiverton Code of Ordinance – Chapter 2 Administration Section 2-107 Casino Gaming Revenue, to be held on February 22, 2021. Seconded by Councilor Perry, the motion passed unanimously.

 

9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

            A. Town Administrator – Update on COVID 19 testing and on Town Financial Audit

 

Administrator Cotta noted a free COVID-19 testing event occurred Sunday, Jan. 17 from 10 a.m.-2 p.m. at the Tiverton Middle School for Tiverton residents. He thanked Fire Chief Reimels and volunteers for a well-organized event where approximately 200 residents were tested.

Cotta advised the audit was delayed from December to January, although a draft is being finalized and expected by end of month to present to Council. The delay was due to internal adjustments that had no bearing on the cash balance.

 

            B. Town Clerk - Update on March 2, 2021 Special Referendum
                 1. Polling places VFW and Amicable approved by BOE

 

Clerk Chabot advised the last day for voter registration is Sunday, January 31. Registrations that day will be held at the police station from 1-4pm. Voters may also register this week online or at Town hall. She added that two polling places, Amicable Church and VFW, were approved by BOE on January 14. All precincts will be allowed to vote at either location.  

                 2. CEIR grant approved for $3,946.97

 

The Clerk confirmed grant approval from the Center for Election Innovation & Research for almost $4000, to be used for the March 2 Special Referendum.

 

10. CLOSED EXECUTIVE SESSION

            A. Town Administrator - 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Executive
                 Assistant Mary Lou Sullivan – Notice given

            B. Town Administrator - 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Tax
                  Collector Toni Lyn McGowan – Notice given

            C. Town Administrator - RIGL 42-46-5(a)(5) - Discussions/overview of the disposition of publicly held
                 property in the Tiverton Industrial Park – continued from December 28, 2020 meeting

            D. Town Solicitor – RIGL 42-46-5(a)(2) - General update on all pending litigation         

 

Councilor Perry motioned to enter executive session pursuant to 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Executive Assistant Mary Lou Sullivan – Notice given. Seconded by Councilor Burk, the motion passed unanimously.

 

Councilor Janick motioned to enter executive session pursuant to 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Tax Collector Toni Lyn McGowan – Notice given. Seconded by Councilor Vieira, the motion passed unanimously.

           

Councilor Vieira motioned to enter executive session pursuant to RIGL 42-46-5(a)(5) - Discussions/overview of the disposition of publicly held  property in the Tiverton Industrial Park – continued from December 28, 2020 meeting. Seconded by Councilor Burk, the motion passed unanimously.

 

Councilor Janick motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) - General update on all pending litigation. Seconded by Councilor Vieira, the motion passed unanimously.

 

Council entered executive session at approximately 8:57 p.m.

 

Council returned to open session at approximately 10:37 pm.

 

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

No votes taken.

 

Councilor Vieira motioned to seal the minutes of Executive Session. Councilor Perry seconded the motion. A roll call vote was taken to seal the minutes of the executive session with all members voting in the affirmative.

 

Agenda Item 8 C. Town Administrator – Request approval for a salary increase for Executive Assistant Mary Lou Sullivan consistent with funding allocated for non-union raises in Council Contingency for FY21 budget.

 

Councilor Burk motioned to approve a 3% salary increase for Executive Assistant Mary Lou Sullivan consistent with funding allocated for non-union raises in Council Contingency. Councilor Vieira seconded the motion. The motion passed unanimously.

 

Agenda Item 8 D. Town Administrator - Request approval for a 2% pay increase for Tax Collector Toni-Lyn McGowan, effective July 1, 2020, consistent with approved FY21 budget

 

Councilor Perry motioned to approve a 2% pay increase for Tax Collector Toni-Lyn McGowan, effective July 1, 2020, consistent with approved FY21 budget. Councilor Vieira seconded the motion. The motion passed unanimously.

 

11. ADJOURNMENT

 

Councilor Janick motioned to adjourn the meeting. Councilor Perry seconded the motion. The motion passed unanimously by hand vote. The meeting adjourned at 10:40 pm.

 

 

A True Copy.

 

ATTEST_________________________

                 Joan B. Chabot, Town Clerk