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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, March 29, 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.
**Moment of silence for Noel Berg**
Councilor Vieira requested a moment of silence for Tiverton resident Noel Berg, who passed away on March 7 at the age of 92. A Korean War veteran and professional engineer, Noel volunteered many hours in retirement serving on various Tiverton boards including AO and Chair for the Planning Board.
Mr. Vieira also requested a moment of silence in honor of Vietnam War Veterans Day.
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. March 8, 2021 – Regular Session
2. March 8, 2021 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Harbor Commission (1)
2. Historic Preservation Advisory Board (1)
3. Cemetery Commission (1)
4. Planning Board (1)
5. Board of Canvassers (1)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – February 2021 Budget and Revenue Reports
2. Police & Fire Annual Casino Report
D. Acknowledge Receipt of Correspondence
1. Town of Charlestown – Resolution in Support of House Bill 2021-H5028, an Act Relating to
Education – the Civic Literacy Act
2. Town of Burrillville - Resolution in opposition to Rhode Island 2021 Gun Control Legislation
3. Town of Burrillville - Resolution in opposition to Rhode Island 2021 H5269 Tax Sale Legislation
4. Town of Portsmouth – Resolution in support of 2021-03-08 B to pass the Act of Climate Bills in the
RI General Assembly
5. Town of Portsmouth – Resolution in support of 2021-H5113 an Act Related to Miniature Alcoholic
Beverage Container Deposit Recycling
6. Town of Portsmouth – Resolution in support of 2021-02-22 supporting Legislation to Amend Title
44, Chapter 5 of the RIGL regarding Municipal Taxation of Real Estate
7. The Trust’s 2020 Annual Report, ‘A Title Wave of Change’
E. Approval of Tax Assessor Abatements – Total amount $988.83
F. Approval of License Renewal - Non-Advertised (December 1, 2019 to November 30, 2020)
Holiday License Renewal – Riverside Marina LLC, 211 Riverside Drive
Councilor Burk removed item 4-A-1.
Councilor Cook removed item 4-D-7.
Councilor Burk motioned to approve Consent Agenda items with the exception of 4-A-1 and 4-D-7. Councilor Vieira seconded the motion. The motion passed unanimously.
Councilor Burk requested the following edits to item 4-A-1:
In Public Comments section 5.A.2, the clause after the comma to read “…,which she stated she feels is a reminder of…” Of the paragraph in section 10.A. the comment attributed to Ms. Bandoni to read “Ms. Bandoni stated that she believes the resolution was put forward due to the fear of laws that never happened.” The comment attributed to Ms. Morrow to read “Ms. Morrow stated the resolution was conceived by two former council members expressing personal views on behalf of the town.”
Councilor Burk motioned to approve Consent Agenda item 4-A-1 as amended. Councilor Vieira seconded the motion. The motion passed unanimously.
Councilor Cook, referencing the Protect our Buildings Program, questioned if grants funds were available to Tiverton. Administrator Cotta confirmed departments are applying for available grant programs. She also questioned if coaching courses were available to help staff manage navigate customer service issues. The Administrator replied in the affirmative “as schedules permit.”
Councilor Cook motioned to approve Consent Agenda item 4-D-7 as amended. Councilor Burk seconded the motion. The motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments received
1. Sheri Aakre letter regarding 2nd Amendment Resolution
2. John Osborne letter regarding 2nd Amendment Resolution
3. Scott McCarthy letter regarding 2nd Amendment Resolution
Councilor deMedeiros read the aforementioned comments received, of which all were in against repeal of the 2019 resolution.
Councilor Edwards stated that if Council repealed the resolution, it did not mean they did not support the US Constitution or the 2nd Amendment, believing the country was being overrun by gun violence.
Councilor Burk suggested bringing item 8-D item forward.
Councilor Burk motioned to bring agenda item 8-D forward. Councilor Janick seconded the motion. The motion passed unanimously.
D. Maureen Morrow and Christine Bandoni – Discussion and possible vote on repeal of Resolution 19-01
Resolution Supporting the Second Amendment and Opposing Infringement of the Right to Bear Arms
adopted 6/3/2019
Ms. Bandoni felt repeal was important believing resolutions like this send a dangerous message that Council would not support the law. Ms. Morrow, voiced disagreement with arguments of the three public commenters opposing repeal. She believed the resolution was politically motivated and unnecessary.
Councilor Cook, reminded the word “support” not “sanctuary” was used in the approved resolution. She questioned the motivation to repeal a resolution no longer valid, surmising it was related to many newly-proposed gun laws.
Councilor Burk disagreed with the suggestion that removal of the resolution would control people’s rights, but instead move what was a political statement and back to a neutral stance. He added that Tiverton is erroneously included in many websites and maps as a Second Amendment sanctuary town.
Councilor Burk motioned to rescind Resolution 19-01 Supporting the Second Amendment and Opposing Infringement of the Right to Bear Arms adopted 6/3/2019 and to remove it from any public information. Councilors Janick and Edwards seconded the motion.
Councilor Janick continued discussion noting that the 2nd Amendment is a right of every US citizen, that the Council swore an oath to uphold the Constitution, and Council is not able to pick and choose what laws to uphold.
The only letters of support for the resolution were the three received by the town clerk prior to the meeting, said Councilor Edwards noted that he had received over 50 emails from residents asking him to repeal the resolution.
The motion passed 6-1, with Councilor Cook opposed.
6. PUBLIC HEARINGS (ADVERTISED)
A. Discussion and possible vote on proposed Technical Amendments to recently passed Tiverton Code of
Ordinances Article I – Section10-1, 10-2 & 10-3 – Public Nuisance of Animals
Solicitor Marcello explained the technical amendments were to correct minor errors only that did not change the intent or scope of the ordinance.
Councilor Cook motioned to approve Technical Amendments to recently passed Tiverton Code of
Ordinances Article I – Section10-1, 10-2 & 10-3 – Public Nuisance of Animals. Councilors Janick and Edwards seconded the motion.
President deMedeiros opened the Public Hearing. Animal Control Officer Stills noted that she was in agreement with the proposed technical amendments. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none and the hearing was closed.
The motion passed 6-1, with Councilor Perry abstaining.
7. APPOINTMENTS AND RESIGNATIONS
A. Tiverton Housing Authority – (5) Member Board - (5) Year Terms - (2) Vacancies
1. Jeannie-Mae Durfee, 2411 Main Rd - Request re-appointment to expire 10/15/2025
Continued from 3/8/2021 meeting
2. Nancy L. Mello, 46 Coral Lane - Request appointment to expire 10/15/2025
Former Town Clerk Nancy Mello was interviewed, noting she had spoken with Portsmouth Housing Authority member as well as had attended a Housing Authority meeting earlier in the day. She noted that while she has a lot to learn, she could be a productive member, assisting with agenda/minutes, etc.
Jeannie-Mae Durfee was not available for interview.
Councilor Perry motioned to waive policy and proceed to the aforementioned appointments. Seconded by Councilor Burk, the motion passed unanimously.
Councilor Perry motioned to approve the re-appointment of Jeannie-Mae Durfee and appointment of Nancy L. Mello to the Tiverton Housing Authority. Seconded by Councilor Janick, the motion passed unanimously.
B. Harbor Master – Annual Term expiring 12/31/2021
1. Tyler Loomis, 89 John Duggan Road – Requests Annual Re-Appointment with Harbor and Coastal
Waters Management Commission Recommendation
Councilor Perry motioned to approve the re-appointment of Tyler Loomis as Harbormaster of the Harbor and Coastal Waters Management Commission. Seconded by Councilor Janick, the motion passed unanimously.
8. GENERAL BUSINESS
A. DPW Director Rogers - Request permission to advertise for specified Recreational Facility and Turf
Management Services
Administrator Cotta noted they had been notified by current Turf Mgmt. Services contractor Bill McGeough that they could no longer fulfill their contract due to a labor staffing issue. DPW Director Rogers advised due to tight timeframes, bid due date would extend from 4/7/21 to 4/21/21 to allow adequate time for qualified candidates and Council review/approval at the 4/26/21 meeting. The contract dates on Schedule A were modified accordingly and the renewal clause removed, with the intention of a new RFP in September for a Jan – Dec bid for 2022 with a renewal clause. Administrator added that they may need to hire out a one-time service for the fields.
On bid specifications, Vice-president Burk suggested clarifying the first sentence in paragraph 2 to specify Tiverton Recreation Commission Chair.
Councilor Burk motioned to approve to advertise for specified Recreational Facility and Turf
Management Services. Seconded by Councilor Edwards, the motion passed unanimously.
B. Administrator Cotta – Tiverton Police Department Certificate of Accreditation
Administrator Cotta commended the Chief and his staff on the accomplishment, adding that the Trust was aware and they expected resulting fee reductions for related insurances. Chief Jones noted the process took three years, praising the officers and professional staff of the department for their exceptionalism. He specifically credited Accreditation Manager Marco Valzovano and Captain Michael Miguel for their integral roles in the accomplishment, which essentially reduced the professional liability co-share cost from $50,000 to $2,500.
C. Councilor Burk – Ethics Training for Appointed/Elected Officials and Town Employees
Councilor Burk explained that as it has been over 2 ½ years since Tiverton has had an ethics training for officials and staff, he recommended arranging a training with the RI Ethics Commission for Council, Town employees and Boards & Commission members. Clerk Chabot was to work with the Administrator on scheduling.
D. Maureen Morrow and Christine Bandoni – Discussion and possible vote on repeal of Resolution 19-01
Resolution Supporting the Second Amendment and Opposing Infringement of the Right to Bear Arms
adopted 6/3/2019
Item 8-D was addressed earlier in the meeting – see Pg. 3.
E. Tax Assessor Robert – Update regarding town-wide Revaluation
Assessor Robert reminded that Northeast Revaluation was hired to complete the full door to door evaluation. While Covid-19 prevented interior inspections, residents received a data mailer to confirm interior information.
He affirmed that data collection was complete and minor review work was underway. Residents should expect to receive proposed assessments the week of April 12. If residents have concerns, they will be directed to schedule a phone conference. Northeast will conduct informal hearings for 2-3 weeks depending on the volume of calls received. Residents should receive written decisions roughly within 2 weeks post hearing.
F. Administrator Cotta – Update on Governor’s Proposed Budget & Revenue Projections for FY22
The Administrator, referencing the recently presented Governor’s budget, noted the general aid amount differed little from FY2021, at about 46k less than last year. The school aid amount however, would drop from $7,380,000 to $6,770,000 for a $605,000 reduction. Although preliminary, he did not expect the numbers to change. He would be working with the Treasurer to determine non-tax revenues for the Budget Committee.
G. Discussion and possible vote to authorize Town Administrator to award bid for three (3) Police
Vehicles with an amount not to exceed $145,933.03
Chief Jones noted the purchase would be from the same firm they had purchased three Ford Explorer SUV’s. The three vehicles will be fully outfitted at a cost just under $146k - $20K less than the previously approved limit of $165K, not including the $60K USDA grant. The vehicles were ready for a May delivery date with Council approval. Councilor deMedeiros noted that the total amount listed was slightly off and should read $145,933.05.
Councilor Perry motioned to approve to authorize Town Administrator to award bid for three (3) Police
Vehicles with an amount not to exceed $145,933.05. Seconded by Councilor Edwards, the motion passed unanimously.
H. Discussion and possible vote on Resolution to Establish the Dog Park Advisory Committee
Councilor deMedeiros noted that the vote for the Resolution only would happen at this meeting and if passed, appointments would happen at the next meeting. After brief discussion, it was determined that membership number should increase from the original five for a trial one year period.
Councilor Perry motioned to amend the proposed Dog Park Advisory Committee Resolution to include seventeen members for one year terms. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Edwards motioned to approve the amended Resolution to establish the Dog Park Advisory Committee. Seconded by Councilor Perry, the motion passed unanimously.
I. Discussion and possible vote on advertising an amendment to Code of Ordinance Chapter 6
Alcoholic Beverages, Section 6-9 – Number of Licenses regarding a potential increase in BV licenses,
for public hearing on April 26, 2021
Councilor deMedeiros noted currently a 20 license limit. Clerk Chabot noted that due to the meeting delay, the hearing date would move to May 10. She furthered it would apply to BV licenses only and a couple of requests have been received that would exceed the allowed 20. Councilor deMedeiros suggested increasing to 25. Chief Jones had no objections as long as state and local regulations were adhered to. Solicitor Marcello clarified a BV license requires beer and wine to be served with food. He also explained that the previous BV license ordinance had been passed but never codified, thereby providing an opportunity to correct that error and consider an increase. Councilor Cook suggested consideration of an unlimited number. After further discussion, it was decided to increase the BV license limit to 30.
Councilor Perry motioned to approve to advertise an amendment to Code of Ordinance Chapter 6 Alcoholic Beverages, Section 6-9 – Number of Licenses to be 30. Seconded by Councilor Perry, the motion passed unanimously.
J. Councilor Burk – Discussion and possible vote to take position on State House Bills
1. H5258 – This act would authorize the Stone Bridge fire district to borrow up to $100,000 in
funds to meet specific short-term financial obligations
2. H5259 – This act would create a voluntary mechanism for municipalities to use to dedicate a
park, conservation or other land they own as public trust land in perpetuity to protect and
preserve its future use
3. 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)
Councilor Burk explained that Representative Edwards had asked that the above noted State House Bills be put on the agenda for discussion and potential support.
Representative Edwards briefed Council on each bill, explaining how all three bills relate to Tiverton. Councilor Edwards questioned the timeline, to which Rep. Edwards confirmed they had already passed through Committee with no objections and would soon be ready for vote. He explained the importance to the Legislature of having Town support of related proposed Bills.
Councilor Burk motioned that the Tiverton Town Council supports H5258 which allows the Stone Bridge fire district to borrow up to $100,000 to meet their short-term financial needs and to support H5259 which creates a voluntary mechanism for municipalities to use to dedicate a park, conservation or other land they own as public trust land in perpetuity to protect and preserve its future use with the understanding that this will be amended to give some flexibility for cities and towns in that regard and to support H5485 to allow school committees to add items to their agendas for the purposes of discussion only without having to publish notice of the additional items. Seconded by Councilor Perry, the motion passed unanimously.
K. Administrator Cotta – Request permission to advertise and hire a Land Use Clerk
Administrator Cotta briefed Council on the job specifications. Clerk Chabot confirmed the ad would run the following week. Councilor Burk suggested running the ad on the Newport County Chamber of Commerce jobs bulletin board.
Councilor Cook motioned to approve to advertise and hire a Land Use Clerk. Seconded by Councilor Perry, the motion passed unanimously.
L. Resignation of William L. Moore as Building Official
M. Authorization to Advertise for Building Official Position
Councilor Edwards motioned to approve to advertise for Building Official Position. Seconded by Councilor Perry, the motion passed unanimously.
9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS
A. Administrator Cotta – Update on the American Recovery Act
Administrator Cotta recently met with Rep. Cicilline where he learned the Town could expect an educational aid fund amount of $1,533,000 split into two segments and a third piece coming from Newport County whereas Tiverton would receive a share based on the CBDG population formula. He furthered there was no current expenditure guidance, however there were three capital projects (sewer, water and broadband) were written into the bill. He noted that Tiverton’s losses reported to the State Office of Municipal Finance that should be able to be utilized. He explained the funds would be in the form of a grant, not able to be used to offset taxes. He was awaiting further state and federal guidance.
B. Clerk Chabot – Update on Land Evidence Recording/Storage Services
Clerk Chabot advised Council that the current contract with ACS would soon be expiring and she was in the process of obtaining estimates to bring before Council for ratification.
Councilor Edwards took a moment to thank the Open Space Committee and numerous volunteers who worked at Fogland Beach planting 5000 beach grass plugs this past Saturday.
10. CLOSED EXECUTIVE SESSION
Solicitor Marcello requested permission of the Council to amend the Executive Session agenda pursuant to RIGL 42-46(6)(b) to add a new matter that was recently brought to the Towns attention concerning the case of Peter McGreavy vs. George Alzaibak NC2021-0019 for discussion purposes only.
Councilor Burk motioned to add matter to the agenda pursuant to RIGL 42-46(6)(b) – Discussion of Peter McGreavy v. George Alzaibak - Case No. NC2021-0019 for discussion purposes only. Seconded by Councilor Perry, the motion passed unanimously.
A. Town Administrator – RIGL 42-46-5(a)(1) – Discussion related to personnel including job
performance of Building Official with Notice served
No discussion of above item occurred.
B. Town Administrator - RIGL 42-46-5(a)(5) - Discussions/overview of the disposition of publicly held
property in the Tiverton Industrial Park – continued from January 25, 2021 meeting
Councilor Perry 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. Councilor Edwards seconded the motion, the motion passed unanimously.
Solicitor Marcello noted that the added agenda item is under the Litigation exception RIGL 42-46-5(a)(2) and a vote is needed to go into executive session for the matter.
Councilor Perry motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) - Peter McGreavy vs. George Alzaibak NC2021-0019 for discussion purposes only. Councilor Burk seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 9:42 p.m.
Council returned to open session at approximately 11:04 p.m.
OPEN SESSION
The Town Council reconvened in open session following the conclusion of the executive session.
Councilor Burk 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.
Solicitor Marcello reported that in executive session for the Litigation item added to the agenda, in the case of Peter McGreavy vs. George Alzaibak, no votes were taken as the matter was added for discussion purposes only.
Under Item 10B relating to the potential sale of public lands, pursuant to 42-46-4(b), a vote was taken the disclosure of which would jeopardize strategy or negotiation and therefore would not be disclosed at this time.
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