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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, May 10, 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 (late) | Council Edwards |
| Councilor Janick | Councilor Cook | Councilor Perry |
| Councilor Vieira | | |
Town Administrator Cotta, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present.
Council President deMedeiros requested a motion to go into executive session early due to a time conflict with Labor Council Cavazza, noting the session would be limited to 30 minutes.
11 A. Town Administrator – RIGL 42-46-5(a) (2) – Collective Bargaining – IBPO
Councilor Perry motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) – Collective Bargaining –IBPO, Councilor Janick seconded the motion, the motion passed unanimously.
Council entered closed executive session at approximately 7:05 p.m.
Council reconvened in open session following the conclusion of the executive session.
Council returned to open session at approximately 7:36 p.m.
Councilor Vieira motioned to seal the minutes of Executive Session. Councilor Perry seconded the motion. The motion passed unanimously.
Solicitor Marcello reported that no formal votes were taken.
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. April 26, 2021 – Regular Session
2. April 26, 2021 – Executive Session
3. April 27, 2021 – Workshop,
(Councilor deMedeiros and Councilor Cook – abstain, absent)
4. April 28, 2021 – Special Session
(Councilor Burk – abstains, absent)
5. April 28, 2021 – Executive Session
(Councilor Burk – abstains, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Cemetery Commission (1)
C. Acknowledge Receipt of Correspondence
1. Town of Burrillville – Resolution in Support of Legalization of Adult Recreation Use Marijuana
2. Town of Burrillville – Resolution to Waive the Local Maintenance of Effort Requirement for Schools
3. John Moran, Jr. – Short term rentals
4. Anonymous - Short term rentals
5. Bob Lantz/Bill’s Sales – Industrial Park land purchase/Planning Board delays
D. License Renewal
1. Charles Mulcahy, 65 Beech Avenue - Requests Approval for Annual Renewal of Private Detective
License
E. Town Administrator - Approval to Advertise for Seasonal Labor
F. Town Administrator - Approval to Advertise for Annual Fees and Fine Resolution
1. 2021 Beach fees
2. Planning Board Fee Schedule and Consultant Engineer Escrow Schedule for FY21-22
Councilor Janick removed items A-1, C-3, 4, 5 and F-2.
Councilor Perry motioned to approve Consent Agenda items with the exception of A-1, C-3, 4, 5 and F-2. Councilor Burk seconded the motion. The motion passed unanimously.
With regard to item A-1, Councilor Janick noted that she had been absent, therefore would abstain on that vote.
Councilor Burk motioned to approve Consent Agenda item A-1. Councilor Perry seconded the motion. The motion passed 6-1, with Councilor Janick abstaining.
As to items C-3, and C-4, both public comments related to short term rentals, Councilor Janick asked if any hearings were being scheduled to address the issues. Councilor deMedeiros affirmed they would be working on an ordinance. Solicitor Marcello added he would prepare a memo outlining possible options for the next meeting so the Council can determine what such ordinance should contain.
Regarding item C-5, Councilor Janick noted she had received an email from Mr. Lantz detailing a long history of Planning Board delays etc. Concerned with discrepancies, she recommended researching the matter. Councilor deMedeiros, suggested the Administrator, Solicitor, Planner and Planning Board Chair Gill, collaborate to develop an historical time-line/report to re-address the matter at the next meeting.
Councilor Edwards motioned to approve Consent Agenda items C-3, 4 and 5. Councilor Janick seconded the motion. The motion passed unanimously.
With regard to item F-2, Councilor Janick questioned how the fee scheduled was developed and if we were consistent with other towns. Councilor deMedeiros shared concern, believing some fees were exorbitant, noting she had received complaints. She added that a Planning Board ordinance was in development and further research was planned related to escrow fees. Councilor Cook suggested researching the fees of neighboring towns. Administrator Cotta offered to supply a list of escrow fees charged to customers.
Councilor Edwards motioned to table item F-2 into the next meeting after research has been done. Councilor Janick seconded the motion. The motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments received - None
6. PUBLIC HEARINGS (ADVERTISED)
A. Discussion and possible vote on proposed amendment to Code of Ordinance Chapter 6 Alcoholic
Beverages, Section 6-9 – Number of BV Licenses to be 30. The proposal may be altered or amended
prior to the close of the public hearing without further advertising, as a result of further study or
because of the views expressed at the public hearing.
President deMedeiros reminded that the previously discussed proposal arose from the need to accommodate a growing town and increased licensing requests. Police Chief Jones had been comfortable with the increase to 30 licenses.
President deMedeiros opened the Public Hearing. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none and the hearing was closed.
Councilor Janick motioned to approve the number of BV Licenses to 30. Councilor Vieira seconded the motion. The motion passed unanimously.
7. BOARD OF LICENSING
A. Soccer Rhode Island/John Cordeiro, 19 Blueberry Lane – Requests approval for Annual U8/U10 Soccer
Tournament - June 5 and 6, 2021 at Town Farm from 7am to 5pm
Event sponsor John Cordeiro informed Council the two day event was similar to past events, with the added implementation of covid contract tracing and adherence of RIDOH guidelines.
Councilor Perry motioned to grant approval for Annual U8/U10 Soccer Tournament - June 5 and 6, 2021 at Town Farm from 7am to 5pm. Seconded by Councilor Janick, the motion passed unanimously.
8. APPOINTMENTS AND RESIGNATIONS
A. Cemetery Commission – (5) Member Board - (3) Year Terms - (1) Vacancy
1. Eva Duclos, 75 Lewis Avenue - Request re-appointment to expire 4/15/2024
2. Dana Coute, 3 Whitetail Lane - Request new appointment to expire 4/15/2024
Applicant Dana Coute was present for a brief interview. She expressed interest in joining the Cemetery Committee to help maintain its current high standards of upkeep.
As applicant Eva Duclos was not present for interview, the appointment was continued to the next meeting.
B. Town Farm Renovation Committee – Reauthorization of initial resolution and appointment of new
member Patricia Nannini, 70 Brayton Road. All committee member terms to expire 6/30/2023
Councilor Burk explained that the added re-authorization was included to address the lack of expiration date on the original appointments, absent Deb Pallasch who had recently resigned.
Councilor Burk motioned to approve Reauthorization of initial resolution of Town Farm Renovation Committee with the expiration date of 6/30/2023 and the re-appointment of all original members with the exception of Ms. Pallasch. Councilor Edwards seconded the motion. The motion passed unanimously.
Applicant Patricia Nannini was then interviewed, expressing her desire to join the Committee as Treasurer and to be a part of the exciting venture. She believed her previous bookkeeping and town finance experience would be an asset to the Committee.
Councilor Perry motioned to waive policy and proceed to the aforementioned re-appointment. Seconded by
Councilor Vieira, the motion passed unanimously.
Councilor Edwards motioned to approve the appointment of Patricia Nannini to the Town Farm Renovation Committee. Seconded by Councilor Perry, the motion passed unanimously.
9. GENERAL BUSINESS
A. Senior Center Director Holmes – Approval of Budget Transfers
1. $1,200.00 from Acct# 6110-6420 Elderly Bus Service to Acct# 6110-7840 Building Maintenance
2. $1,200.00 from Acct# 6110-7470 Supplies, Activities, Instruction to Acct# 6110-7840 Building
Maintenance
Administrator Cotta noted a similar transfer request at a higher amount tabled to this meeting, was being withdrawn, as additional monies were available in the building maintenance account.
Senior Center Director Holmes explained that a safety grant paid for about 1/3 of the cost, unspent bus and activities money would pay for the balance.
Councilor Perry motioned to approve the aforementioned budget transfers. Seconded by Councilor Vieira, the motion passed unanimously.
B. Councilors deMedeiros and Cook – Discussion and possible vote on resolution establishing Financial
Town Referendum (FTR) and Personnel Changes Advisory Committee
Solicitor Marcello explained that concerns about the FTR process and personnel qualification language
as history behind the proposed resolution. He drafted the proposed resolution based on language the Town used approximately 10 years ago when an advisory committee was established to review the FTM process. The committee would have to submit proposed recommendations by May 1, 2022 to allow Council time to determine what amendments be included on the ballot.
Councilor Burk made the following suggestion to amend the draft language.
Under, 1. Purpose - to add a period after the word voters in the 4th line, and strike to make the FTR process more efficient, cost-effective as well as to clarify language and remove any ambiguities in its implementation and execution.
An additional suggestion by Councilor Burk to amend language on Pg. 2, item b evolved by lengthy discussion into the following amendment. Under item b. to change to Five (5) members to be appointed by the Town Council, one of whom may be the Town Treasurer, and strike The putative Co-Chairs may each nominate two (2) members, but the Town Council shall not be required to appoint such nominees. Under item d. School Committee Chair and Vice-Chair, Town Administrator would be added as ex-officio members.
Councilor Edwards motioned to approve the resolution establishing the Financial Town Referendum and Personnel Changes Advisory Committee, as amended. Seconded by Councilor Burk, the motion passed 6-1, with Councilor Cook opposed.
C. DPW Director Rogers – Request Town Council approval of RIRRC (RI Resource Recovery Corp.) –
Tiverton FY22 & FY23 Municipal Agreement
Councilor Janick motioned to approve the RIRRC (RI Resource Recovery Corp.) – Tiverton FY22 & FY23 Municipal Agreement. Seconded by Councilor Edwards, the motion passed unanimously.
D. Town Administrator – Approval of Appointment of John M. Hoyle, Jr. as Building Official and
Ratification of Employment Contract
Councilor Perry motioned to approve the Appointment of John M. Hoyle, Jr. as Building Official and the Ratification of Employment Contract. Seconded by Councilor Vieira, the motion passed unanimously.
E. Town Administrator – Discuss FY22 Levy
Administrator Cotta briefed Council on the current levy overage at 7.64% despite best efforts to pare expenses. Additional cuts of $1,372,901.24 are needed to bring levy to the max 4% allowed. He offered potential savings of $997,500 by cutting DPW expenses as well as reducing Town and School capital requests, albeit leaving $375,401 in additional cuts necessary to bring levy to 4%. After brief discussion, it was decided to put on agenda in two weeks and invite the Town Treasurer Saurette to participate.
F. Town Farm Renovation Committee – Discussion and possible vote on request to spend $6,950.00 on
Town Farm site survey
Renovation Committee Chair Gilfillen explained no current survey for Town Farm exists which would be an
integral component for the remainder of the project phases. Three vendors had submitted proposals with the lowest being $6,950 from Engineering Concepts. Solicitor Marcello will confirm no bid approval limit with state purchasing office and if any issue, will contact the town administrator.
Councilor Edwards motioned to approve the request to spend $6,950.00 on Town Farm site survey. Seconded by Councilor Perry, the motion passed unanimously.
G. Recreation Commission Chair Gilfillen – Discussion and possible vote on establishment of restricted
funds account for revenue associated with season parking pass sales
Renovation Committee Chair Gilfillen explained the nature of the request was to reinvest resident parking pass sales funds back into recreation restricted for updating and maintenance of the beaches and recreational facilities. Councilor Cook raised concern about restricting funds citing Section 1214 of the Tiverton Home Rule Charter which requires such fees to be deposited in the general fund. After further discussion, it was decided to table item until after next meeting’s Public Hearing on Beach Parking fees.
Councilor Burk motioned to table the item until next meeting on 5/24/21. Seconded by Councilor Janick, the motion passed unanimously.
10. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS
A. Town Administrator – Radio purchase with grant funding
Administrator Cotta commended Police Chief Jones on securing JAG/Byrne grant monies in the amount of $7830.00 which offset the $9868.77 cost of three radios, leaving a $2038.77 balance.
11. CLOSED EXECUTIVE SESSION
A. Town Administrator – RIGL 42-46-5(a) (2) – Collective Bargaining – IBPO
Agenda item 11.A was taken out of order after Roll Call. No further action.
12. ADJOURNMENT
Councilor Perry made a motion to adjourn the meeting. Councilor Vieira seconded the motion. The motion passed unanimously. The meeting adjourned at 9:30 p.m.
A True Copy.
ATTEST_________________________
Joan B. Chabot, Town Clerk