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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, June 28, 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 | Council Vice President Burk | Council Edwards |
| Councilor Janick | Councilor Vieira (absent) | |
| Councilor Cook (absent) | Councilor Perry (absent) | |
Town Administrator Cotta, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
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. June 14, 2021 – Regular Session
2. June 14, 2021 – Executive Session
3. June 1, 2021 – Special Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Planning Board (3)
2. Litter Committee (1)
3. Board of Canvassers (1)
4. Recreation and Beach Commission (4)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – May 2021 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Town of Burrillville/Burrillville School Committee – Resolution requesting the removal of mask
mandate for school children
2. Town of East Greenwich – Resolution observing the month of June as Pride month
3. RIDOT takeover of streetlights on state roads – Referred to Town Administrator
4. Anabela Kamps, 912 Bulgarmarsh – Formal request to Town Council to: 1) Send notice to State
Traffic Commission to lower speed limit on State Road 177 from 40mph to 25mph and 2) Put in
sidewalks on south and north sides of road – Referred to Chief Of Police
5. David Rose – Tiverton Aquaculture Ordinance in opposition of aquaculture in Tiverton’s coastal
Areas
6. Jeanne De Souza, 697 Seapowet Avenue – concerned re: recent land purchase on Seapowet Ave. to
Strait Landing LLC and in opposition of aquaculture in Tiverton’s coastal areas – Referred to Zoning
Official/Building Official
E. Approval of Tax Assessor Abatements - $19.14
F. Councilor deMedeiros – Approval of Bay Street Moratorium Extension to December 31, 2021
G. DPW Director Rogers - Request Permission to submit RIPDES MS4 Annual Report to RIDEM
H. DPW Director Rogers - Request Permission to advertise for Independent Snow Plow Contractors &
Drivers for DPW trucks
Councilor Janick removed item D-3.
Councilor Burk motioned to approve the Consent Agenda items with the exception of D-3. Councilor Janick seconded the motion. The motion passed unanimously.
Councilor Janick questioned if the potential RIDOT takeover would also eliminate streetlight maintenance expenses. Administrator Cotta answered that the cost of maintenance and electricity would be covered by DOT, but only after the current contract with Prism expires. He added this was currently in negotiation to resolve.
Councilor Janick motioned to approve Consent Agenda item D-3. Councilor Burk seconded the motion. The motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments received
An email from Charles Demty was read by Councilor Burk pertaining to the Sakonnet Schooners Youth Football
sound variance agenda item. He was opposed to a variance approval due to potential noise concerns.
6. PUBLIC HEARINGS (ADVERTISED)
A. Victoria Viveiros/Sakonnet Schooners Youth Football, 45 Goodwater Street, Westport, MA – Request
approval of sound variance for Family Fun Day at Tiverton Middle School on July 17, 2021 (11am
to 6pm and July 18, 2021 (11am to 4pm) – Subject to meeting all legal requirements
After brief discussion, the questions arose if a sound variance was necessary given the music would be from
acoustic guitars only with no amplification.
President deMedeiros opened the Public Hearing. Administrator Cotta, repeated the Zoom meeting call in numbers and asked multiple times if others from the public wished to speak; there were none.
Councilor Edwards motioned to approve the aforementioned sound variance. Seconded by Councilor Janick, the motion passed unanimously.
B. Approval of Zoning Map Amendments regarding district designation for fifteen (15) parcels from
Residential to Open Space for compliance with Tiverton’s Comprehensive Community Plan
Planner Siciliano explained the 15 designated state/town owned parcels were to be protected per the Comp Plan adopted in 2018. The amendments would essentially comply with state directive to make zoning consistent with the Plan.
President deMedeiros opened the Public Hearing. Administrator Cotta, repeated the Zoom meeting call in numbers and asked multiple times if others from the public wished to speak; there were none specific to the proposed zoning changes, with the exception of a resident asking a question about zoning change procedures.
Councilor Edwards motioned to approve the Zoning Map Amendments regarding district designation for fifteen (15) parcels from Residential to Open Space for compliance with Tiverton’s Comprehensive Community Plan. Seconded by Councilor Burk, the motion passed unanimously.
(NON-ADVERTISED)
C. Public comment and input in regard to the use of Casino Gaming Revenue for School and Municipal
Capital Expenditures- Limit to 30 minutes
President deMedeiros explained this was the first of three meetings held with the purpose of gathering public input prior to the Council making decisions. Each speaker was to be limited to three minutes.
President deMedeiros opened the Public Hearing.
Dr. Jerome Larkin, chairman of the School Committee, addressed the Council noting he was speaking as an individual, citizen and parent. Noting a $1.4 million deficit over the last two years driven mostly by special education, transportation and fuel expenses as well as unemployment that exhausted reserves and caused 24 layoffs. He added that the department was funded at just $32.1 million, significantly short of the $33.1 million budget request. Dr. Larkin suggested gaming revenue be used to “close the gap” that could lead to more layoffs the next school year if not addressed, calling it “appropriate as a one-time maneuver.” He expressed his concern over the recent Board of Canvassers’ decision to exclude a petitioner's budget that attempted to close the gap.
President deMedeiros noted the importance of public input in light of recent social media criticism. Councilor Burk added that written/emailed comments were also welcome and would be read publicly. Councilor Janick remarked that expected Covid relief monies for both municipal and school would have strict guidelines as well as be spread out over two years.
Administrator Cotta then asked multiple times if others from the public wished to speak; there were none and President deMedeiros closed the hearing.
7. BOARD OF LICENSING
A. Amanda Souza/Bajah’s Cat Café, 137 Main Road - Request approval of victualling license, subject to
meeting all legal requirements
Ms. Souza explained her establishment would be a standard café with coffee, tea and pastries, but patrons would also have the opportunity to interact with cats, in a separate room, that are adoptable.
Councilor Edwards motioned to approve the aforementioned victualling license, subject to meeting all legal requirements. Seconded by Councilor Burk, the motion passed unanimously.
8. GENERAL BUSINESS
A. Patricia Aguiar, 130 Bay Street – No parking request on portions of Hooper and Canonicus Streets
off Bay Street
As Ms. Aguiar was not present, Councilor deMedeiros read aloud the request for no parking signage installation to address ongoing issues with excessive littering, trespassing, illegal fireworks usage, noise in the area that had no public right of way. Several neighbors had signed an accompanying petition. She noted that such matters are typically referred to the Police Chief and DPW for review. Chief Jones was present, remarking he would review and return with a recommendation within a month.
Councilor Burk motioned to refer the aforementioned request to the DPW Director and Police Chief for review and recommendation. Seconded by Councilor Janick, the motion passed unanimously.
B. Renee Jones/Economic Development Commission – Discussion and possible vote on council approval
to engage with Connect Greater Newport to develop economic development plan
Ms. Jones briefed Council on EDC progress since the recent decision to join the Newport Chamber of Commerce and Connect Greater Newport that included working with the associated business liaisons, Rich Obermeyer and Isabel Marsh to develop an overall business plan to incorporate economic element objectives outlined in the Comp Plan as well as look at best ways to positively impact the Town’s business climate.
C. Administrator Cotta/ DPW Director Rogers – Approval of budget transfer
1. $3,600 from Acct# 8840-6749 Preventive Maintenance to Acct# 8840-6459 Mowing Services
2. $250 from Acct# 5540-5104 Personnel Services to Acct# 5540-6914 Water & Sewer
3. $3,100 from Acct# 5540-5104 Personnel Services to Acct# 5540-7590 IT/Computer Services
4. $86 from Acct# 5540-5104 Personnel Services to Acct# 5530-7645 Landfill Dozer Repairs
5. $1,200 from Acct# 540-5104 Personnel Services to Acct# 5530-7732 On-Site Wastewater Mang.
6. $500 from Acct# 5540-5104 Personnel Services to Acct# 5540-7423.Supplies & Misc.
7. $830 from Acct# 5540-5104 Personnel Services to Acct# 5540-6796.Line Striping
8. $1,100 from Acct# 5540-5104 Personnel Services to Acct# 5540-6698.Sand, gravel, salt
9. $40 from Acct# 5540-5104 Personnel Services to Acct# 5530-6240.Landfill Uniforms
10. $5,500 from Acct# 5530-7198 Trans Station/Recycle Study to Acct# 5530-7139.Eng,Testing,Permits
11. $1,500 from Acct# 5540-5104 Personnel Services to Acct# 5530-7611 Fuel, Oil, Tires
12. $450 from Acct# 5540-5104 Personnel Services to Acct# 5130-7611 Fuel, Oil, Tires
Councilor Edwards motioned to approve the budget transfer requests as stated. Councilor Janick seconded the motion. The motion passed unanimously.
D. Administrator Cotta/ Fire Chief Reimels – Approval of budget transfer
1. $7,800 from Acct# 3310-5108 Longevity to Acct# 3310-7611 Fuel, Oil, Tires
2. $2,200 from Acct# 3310-5105 Shift Differential to Acct# 3310-7611 Fuel, Oil, Tires
3. $10,000 from Acct# 3310-5100 Chief’s Salary to Acct# 3310-7640 Apparatus Maintenance
4. $5,000 from Acct# 3310-5100 Chief’s Salary to Acct# 3310-5104 Overtime
5. $35,000 from Acct# 3310-5101 Base Salary to Acct# 3310-5104 Overtime
Councilor Edwards motioned to approve the budget transfer requests as stated. Councilor Janick seconded the motion. The motion passed unanimously.
E. DPW Director Rogers - Request Permission to award contract for Bituminous Concrete Crusher Rental
to A. J. Potter Jr. & Sons Inc.
Councilor Burk motioned to award contract for Bituminous Concrete Crusher Rental to A. J. Potter Jr. & Sons Inc. Councilor Edwards seconded the motion. The motion passed unanimously.
F. Town Administrator Cotta – Vote to Ratify Proposed Three-Year Contract with IBPO Local #406,
July 1, 2021 to June 30, 2024
Administrator Cotta noted there was a last minute change to the contract relating to management rights, however, labor attorney Cavazza advised that the ratification could be subject to holding that section out as well as a distinct MOU life insurance piece that would be drafted and ratified separately.
Chief Jones expounded on the language being proposed would increase minimum staffing on the 4-12 shift to four officers and would also allow him discretion to delay, implement or potentially reverse implementation depending on future staffing crises.
Council President deMedeiros commended the entire negotiation team on being able to ratify a contract prior to expiration. Administrator Cotta agreed to supply a cost analysis tomorrow.
Councilor Burk motioned to ratify the Collective Bargaining Agreement with IBPO Local #406, holding in abeyance Article VI, Section 1, Subsection (a) until the Chief and Administrator come back with the final language and at a later date consider entering into an MOU regarding life insurance. Seconded by Councilor Janick, the motion passed unanimously.
G. Town Clerk Chabot– Discussion and possible vote on ratification of one-year extension of Avenu
Enterprise Solutions, LLC Contract for Land Evidence, Probate Microfilming, Storage and Recording
Clerk Chabot explained that as the current Avenu contract expired on 3/31/2021, she had requested 1 year to allow time to create specs and go out to bid on a land evidence solution that would include probate recording.
Councilor Edwards motioned to one-year extension of Avenu Enterprise Solutions, LLC Contract for Land Evidence, Probate Microfilming, Storage and Recording. Seconded by Councilor Janick, the motion passed unanimously.
9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS
A. Town Clerk – Update on Financial Town Referendum (FTR)
Clerk Chabot updated that that the BOC’s June 25th meeting, the BOC certified the final canvass as well as the final FTR budget which includes the Budget Committee budget proposal, the Budget Committee resolutions and the Town Council resolutions. They were currently working with the state on the FTR ballot. The BOC also certified 25 mail ballot requests and noted there was still time to request a mail ballot until July 2 at 4pm.
She furthered that the FTR hearing would be Thursday, July 1 at 7pm via Zoom and the FTR is at the high school Saturday, July 17 with absentee voting on July 15 and 16 at the Town Hall from 8:30am to 4pm.
10. CLOSED EXECUTIVE SESSION
A. Town Administrator – RIGL 42-46-5(a)(2) – Collective Bargaining – IBPO #406 update of status of
negotiations
Administrator withdrew the following executive session item 10-A, as the contract was ratified.
11. ADJOURNMENT
Councilor Edwards made a motion to adjourn the meeting. Councilor Janick seconded the motion. The motion passed unanimously. The meeting adjourned at 8:50 p.m.
A True Copy.
ATTEST_________________________
Joan B. Chabot, Town Clerk