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 24, 2021 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Council President Burk called the meeting to order with the pledge of allegiance to the flag.
Members present
| Council President deMedeiros | Council Vice President Burk | Council Edwards |
| (absent) | Councilor Janick | Councilor Vieira (absent) |
| Councilor Cook | Councilor Perry | |
Town Administrator Cotta, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
Vice President Burk read the items on the 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. May 10, 2021 – Regular Session
2. May 10, 2021 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Cemetery Commission (1)
2. Historic Preservation Advisory Board (1)
3. Personnel Board (2)
4. Litter Control Committee (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – April 2021
2. Police and Fire Department Overtime Reports – April 2021
3. Treasurer Saurette – April 2021 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Town of Smithfield – Resolution in Support of a H-5193 - Moratorium on the Expansion of Charter
Schools
2. Town of Warren – Resolution declaring “Hate Has No Home in Warren”
3. Town of Barrington – Resolution in support of Legalization of Adult Recreation Use Marijuana
4. Town of Barrington – Resolution in support of Local Control of Tobacco Policies – H-5633 and S-258
5. Town of Barrington – Proclamation Declaring Friday, June 4, 2021 to be National Gun Violence
Awareness Day
6. Anonymous - Short term rentals
Councilor Janick removed items B-4 and D-1.
Councilor Edwards removed item D-6.
Councilor Burk removed items B-2 and C-2.
Councilor Perry motioned to approve Consent Agenda items with the exception of B-2, B-4, C-2, D-1, and D-6. Councilor Edwards seconded the motion. The motion passed unanimously.
With regard to item B-2, in reference to the “Tiverton Historic Property Owners Guide” Councilor Burk questioned if that publication received Administrator or Council approval to ensure there was no conflict with zoning/planning regulations. Administrator Cotta offered to look into it further.
As to items B-4, Councilor Janick asked about the ongoing issue of excessive garbage/litter left on Jim Karam’s Nanaquaket Point Road property by some using the public area near the bridge and the mention in the minutes of installing a camera in the area. Chief Jones said they previously went before the Traffic Commission who agreed with the recommendations about pedestrian traffic interference and limiting fishing to one side of the bridge. Signs were posted, however did not solve litter issue. He hoped to re-approach the Commission requesting permission to install a camera at that intersection. Chief also noted that the trash drums often overflow due to large numbers of persons fishing. Councilor Edwards noted he personally inspected the area, finding the garbage is not limited to fishing debris, but excessive amounts of large garbage bags etc. being dumped. Discussion continued as to who would erect a camera and in what location and the legal ramifications thereof. Councilor Cook expressed concern about the precedence and implications of installing public cameras
Administrator Cotta mentioned that he and Chief Jones would reach out to RIDOT for further help as the signage placed was not alleviating previous issues in addition to the litter matter. Chief Jones suggested designating Nanaquaket Bridge as an Adopt-A-Spot as a possible means to mitigate the litter issue. Councilor Edwards offered to reach out to the Litter Committee.
As a side question, Councilor Burk asked why a previous set of Litter Committee minutes mentioned a Season’s gas station. Administrator Cotta said he would look into it and get back to him.
Regarding item C-2, in reviewing payroll reports, Councilor Burk asked about re-opening plans for the Senior Center. Administrator Cotta replied that re-opening all offices was likely imminent based on the recent state guidance received, and that he would reach out to the Director Holmes to discuss.
With regard to item D-1, Councilor Janick expressed her support of the resolution supporting a moratorium on the expansion of charter schools.
Finally, Councilor Edwards had pulled item D-6 - the anonymous letter concerned about unregulated short term rental properties – for the purpose of asking the author to contact him for further discussion.
Councilor Edwards motioned to approve Consent Agenda items B-2, B-4, C-2, D-1, and D-6. Councilor Perry seconded the motion. The motion passed unanimously.
A. Comments received - Councilor Burk read a public comment received via email from Jerry Silva on 5/21/21, in support of the noise variance requested from Joy Nightingale and Eric Mundoff for their wedding on September 25, 2021.
A. Approval of proposed amendment to Tiverton Code of Ordinances - Chapter 2 Administration,
Section 2.1 – Fees and fines for Beach Parking Fees
Councilor Burk asked for a motion to approve the proposed amendment prior to discussion.
Councilor Perry motioned to approve proposed amendment to Tiverton Code of Ordinances - Chapter 2 Administration, Section 2.1 – Fees and fines for Beach Parking Fees. Councilor Edwards seconded the motion.
As a means to generate revenue to help support and reinvest into the beaches, Recreation Chair Gilfillen recommended an amended fee structure whereas Town residents will pay $10 for a season pass to the town’s two beaches, but will be given a free roll of pay-as-you-throw town trash bags that retail for $10. All other Rhode Island residents and those from out of state will be charged $10 on weekdays and $20 on weekends and holidays. The season passes will be free to any Tiverton resident who qualifies for free trash bags.
Administrator added that at some point an ordinance for parking should be created. Councilor Perry noted that the sticker must be affixed to the vehicle.
Vice President Burk opened the Public Hearing. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none.
Councilor Burk asked for a motion to close the public hearing.
Councilor Edwards motioned to close the public hearing. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Burk then took the roll call vote on the proposed amendment. The motion passed unanimously.
B. Stephanie Peter and Rob Farraher, Roslindale, MA - Request approval of sound variance for wedding
on July 24, 2021 from 5 pm to 10 pm at 20 Fogland Road - Subject to meeting all legal requirements
Councilor Janick motioned to approve sound variance for wedding on July 24, 2021 from 5 pm to 10 pm at 20 Fogland Road - Subject to meeting all legal requirements. Councilor Edwards seconded the motion.
Vice President Burk opened the Public Hearing. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none.
Councilor Burk asked for a motion to close the public hearing.
Councilor Edwards motioned to close the public hearing. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Burk then took the roll call vote on the proposed amendment. The motion passed unanimously.
C. Joy Nightingale and Eric Mundorf, 30 Island View Drive - Request approval of sound variance for
wedding on September 25, 2021 from 2:30 pm to 9 pm - Subject to meeting all legal requirements
Councilor Edwards motioned to approve sound variance for wedding on September 25, 2021 from 2:30 pm to 9 pm - Subject to meeting all legal requirements. Councilor Perry seconded the motion.
Vice President Burk opened the Public Hearing. Administrator Cotta then asked multiple times if others from the public wished to speak; there were none.
Councilor Burk asked for a motion to close the public hearing.
Councilor Janick motioned to close the public hearing. Seconded by Councilor Cook, the motion passed unanimously.
Councilor Burk then took the roll call vote on the proposed amendment. The motion passed unanimously.
A. Mike Napolitano/Del’s Lemonade Tiverton/Little Compton, 115 Stafford Road - Request Approval of
Victualling License
Councilor Janick motioned to approve the aforementioned victualling license. Councilor Perry seconded the motion.
Owner Mike Napolitano explained he was looking to open up a Del’s store on the property of his existing restaurant McCray’s Seafood. Councilor Burk read an accompanying letter from Zoning Official Kaufman, indicating that a retail business in not permitted by right in the district, and would require a special use permit. He requested, and Councilor Janick agreed, to amend her motion to include “subject to any legal and/or zoning requirements.”
Councilor Burk then took the roll call vote on the proposed amendment. The motion passed unanimously.
B. Peter M. Kelly/Pete’s Ice Cream, 115 Heritage Park - Request Approval of Peddlers/Hawkers License
for mobile ice cream truck
Councilor Edwards motioned to approve the aforementioned peddlers/hawkers license, subject to all legal requirements. Councilor Perry seconded the motion.
Discussion ensued relative to the potential route the ice-cream truck would take and if he would be allowed to stop at the beach and concerns about existing business competition. Solicitor Marcello clarified that the accompanying state license does not prohibit any particular peddling locations and without a local ordinance, he is free to sell anywhere.
Councilor Burk then took the roll call vote on the proposed amendment. The motion passed unanimously.
C. Michael J. Roderick, 264 Bulgarmarsh Road – Requesting Special Event Permit for the 4th Annual
“Courtney Roderick Run for Recovery” 5K Run/Walk Event - July 24, 2021 (rain date July 25, 2021)
from 8-10 am. Start and finish at Grinnell’s Beach
Councilor Edwards motioned to approve the Special Event Permit for the 4th Annual “Courtney Roderick Run for Recovery” 5K Run/Walk Event - July 24, 2021 (rain date July 25, 2021) from 8-10 am. Start and finish at Grinnell’s Beach, subject to all legal requirements. Councilor Perry seconded the motion.
Councilor Perry questioned Recreation Chair Gilfillen about the Grinnell’s location and possible conflict with beach traffic. Chair Gilfillen explained the Commission had voted to move the start time from 9am to 8am to avoid any conflict. Event planner Roderick affirmed that the start and end times were changed and he expected the event to completely end by 9:30am. Further discussion ensued as to Covid-19 protocols, porta john locations, set up times and police detail coordination and parking.
Councilor Burk then took the roll call vote on the proposed amendment. The motion passed unanimously.
D. William R. Silvia, K9 Memorial Park – Requesting Special Event Permit for 1st Annual K9 Memorial Park
5K Run/Walk Event – June 6, 2021 from 8-12pm. Start and finish at Boat House Restaurant
Councilor Edwards motioned to approve the Special Event Permit for 1st Annual K9 Memorial Park 5K Run/Walk Event – June 6, 2021 from 8-12pm. Start and finish at Boat House Restaurant, subject to all legal requirements. Councilor Perry seconded the motion.
Event planner William Silvia explained this was a 1st annual 5K run, with the intent of building an indoor dog park in Fall River dedicated to all fallen canine officers throughout the Country. Further questions were answered regarding route location, proper approvals and non-profit status.
Councilor Burk then took the roll call vote on the proposed amendment. The motion passed unanimously.
Councilor Burk asked for a motion to take Item 9-A ahead of Item 8-A.
Councilor Janick motioned to take Item 9-A ahead of Item 8-A, and was seconded by Councilor Edwards.
After brief discussion, Councilor Burk withdrew the above motion.
A. Cemetery Commission – (5) Member Board - (3) Year Terms - (1) Vacancy (Cont. from 5/10/2021)
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
Town Clerk Chabot advised Council that applicant Eva Duclos had withdrawn her request for re-appointment.
Councilor Perry wished to thanks Ms. Duclos for her service on the Cemetery Commission and wished her all the best. Councilor Janick agreed.
Councilor Edwards motioned to appoint Dana Coute to the Cemetery Commission with a term to expire 4/15/2024. Seconded by Councilor Janick, the motion passed unanimously.
B. Acknowledgement of resignation – Liz Cottrell from the Raymond Jones Dog Park effective
May 10, 2021
Councilor Burk accepted the resignation of Liz Cottrell from the Dog Park Committee with regret. Noting her written explanation citing Covid vaccine complications, he wished her a speedy recovery.
A. Councilor Burk – Presentation by Stephanie Federico, Vice President for Government and Public
Affairs, and Stephen Iannazzi, Director for Government Affairs, Cox Communications, Northeast
Region
Cox Communications VP of Government and Public Affairs Stephanie Federico gave a slide show presentation and a formal update on the infrastructure work Cox has completed to date as well as future plans to upgrade in Tiverton. She explained that Cox Communications was a privately owned company not beholden to shareholders and can be flexible and innovative in meeting customer demands. They provide service to 38 cities and towns in RI with nearly 8000 network miles in the state. She highlighted that in RI Cox generates 35M in annual tax revenue, plans on 197M in capital investment over the next three years and has increased internet speeds in more than 15 years in a row. She acknowledged that improvements do not come without challenges for customers at times, however, said they work every day to ensure customers in RI have the fastest speeds in America. She detailed how Cox provides for complex business data needs and explained how RI’s broadband network combines optical fiber and coaxial cable that allows residential speeds of 1Gbps and business speeds in excess of 10Gbps. She assured that Tiverton shares the same access to speed, pricing, and customer service as any RI town, and that in 2021, action was taken on 6 nodes that saw a 20-60% capacity improvement for more than 4,000 homes. She shared various steps a homeowner can take to ensure optimal service. Also noted was the Connect2Compete program that provides reliable home internet for eligible families with a K-12 student as well as Cox’s participation in the Emergency Broadband Benefit program that is part of the December 2020 Covid-19 relief package.
Councilor Burk thanked Ms. Federico for the information which he thought was helpful, but acknowledged that many residents have expressed frustration with frequent outages and technical issues. Ms. Federico explained the multiple factors including infrastructure improvements as well as the impact the covid-19 pandemic had on technical sides, and that teams have been working day and night to work through escalations, and that much of those issues have greatly improved. She added that three new escalation team members were recently hired just for Rhode Island. Ms. Federico encouraged residents to reach out directly with further questions or concerns.
B. DPW Director Rogers – Discussion and possible vote on request for permission to advertise for Bids
For Bituminous Concrete Crusher Rental
Director Rogers explained there was no existing Bituminous Concrete Crusher Rental contract as it had expired last year, therefore needed to go out to bid.
Councilor Cook motioned to approve permission to advertise for Bids for Bituminous Concrete Crusher Rental. Seconded by Councilor Perry, the motion passed unanimously.
C. DPW Director Rogers – Discussion and possible votes on request to extend FY20 Bid Awards to FY 22
1. Bituminous Paving
2. Catch Basin Frames & Grates
3. Crack Sealing
4. Daily Landfill Cover
5. Diesel Fuel & Unleaded Gasoline
6. Guardrail Installation
7. HDPE Pipe
8. Line Painting
9. OWTS Inspections
10. Road Materials
11. Septic Tank Pumping
Director Rogers explained that #7 HDPE Pipe and #2 Catch Basin Frames & Grates declined to renew this year, therefore only 9 items need extension. He added that only 2 of the 9 items (9. OWTS Inspections and 11. Septic Tank Pumping) have slight increased prices, as shown in backup data.
Councilor Perry motioned to approve to extend FY20 Bid Awards to FY22 to:
1. Bituminous Paving
3. Crack Sealing
4. Daily Landfill Cover
5. Diesel Fuel & Unleaded Gasoline
6. Guardrail Installation
8. Line Painting
9. OWTS Inspections
10. Road Materials
11. Septic Tank Pumping
Seconded by Councilor Edwards, the motion passed unanimously.
D. Recreation Chair Gilfillen – Discussion relative to request for funding Security system/weather station
at Fogland Beach
E. Recreation Chair Gilfillen – Discussion relative to request for funding to replace Fogland Beach
playground equipment
Chair Gilfillen explained the requests for both items D. and E. were to explore requesting capital expenditures for a much needed security system at Fogland Beach as well as the replacement of old playground equipment that is no longer to code. He explained the camera would potentially help with regard to previous incidents of town property damage as well as be a second set of eyes for the Police Dept.
Administrator Cotta noted there may be future federal funds that could potentially utilized and commended Chair Gilfillen for making the Recreation Committees’ needs known.
F. Recreation Commission Chair Gilfillen – Discussion and possible vote on establishment of restricted
funds account for revenue associated with season parking pass sales (Cont. from 5/10/2021)
Chair Gilfillen explained the intent of the proposal was to only restrict funds associated with the resident parking passes to be used for recreational facility updates to maintain and improve resident resources.
Councilor Cook commented that Chair Gilfillan’s request was not unreasonable, however, was concerned about excessive restricted fund accounts and setting precedent. Councilor Burk stated that although he found merit in the request, he would not be ready to vote in favor at this time and that it would be important to look at the request in the context of similar requests in previous years. Councilor Janick agreed, believing that other departments were also in need of funding for improvements. Councilor Perry lamented that the Recreation Committee, faced with repeated budget cuts, was merely trying to use the revenue to be more self-sufficient.
G. Town Administrator Cotta/Treasurer Denise Saurette – Discussion and possible votes on potential
solutions to resolve FY22 Levy over 4% (Cont. from 5/10/2021)
Town Administrator Cotta acknowledging the Councils hard work on the budget down to a 3.3% increase of our budget, however, the actual levy remained at 7.64% which was 3.64% over the legal max. Together with Budget Committee member Tom Haley and Treasurer Saurette, they worked to formulate a solution to close the gap and reach a levy of 3.99%. He noted that his solution would heavily rely on expected federal money.
His suggestions were to reduce OPEB by $100K, adding additional revenue of $100K, taking an extra $100K from the general fund, taking a reduction on insurance of $25K, reducing paving by $375K, reducing school capital by $557,500 and reducing town capital to $65K.
Councilor Cook said casino revenue should be used to bring the levy down to help people with their taxes. Councilor Burk disagreed, stating that there was never any indication that casino money was to be used automatically to reduce the levy. Councilor Edwards noted he was nervous about too much reliance on what we may be able to do with federal money. Administrator Cotta countered, noting guidance is still being written. Councilor Janick acknowledged the time and effort spent on the further reductions, furthering that without clear guidelines, we must make the best guess that we can. Councilor Edwards commented that the Budget Committee may not accept the Council’s changes. Administrator Cotta reminded that any budget, petitioner’s or otherwise, must not exceed a 4% levy and warned against annually blending casino revenue into the budget lest we finds ourselves in a similar predicament. Councilor Perry recalled cutting $100 off each account last year, suggesting a similar approach. The Administrator disagreed stating it would not be a prudent approach, noting that last years’ $1.8M in losses would likely never be recovered.
Vice President Burk then suggested a motion to approve the following changes: Reduce insurances by an extra $25K bringing to $45K, removing $100K for OPEB, reducing DPW/paving by $375K, reducing town capital to $65K, reducing school capital by $557,500, adding $100K from general fund reserves, and adding $120K in additional general fund revenues.
Councilor Janick made the aforementioned motion, seconded by Councilor Edwards, the motion passed 4-1, with Councilor Cook opposed.
H. Councilor deMedeiros – Discussion and possible votes on Town Council Budget Resolutions
Clerk Chabot noted the Budget Committee had not yet voted on their resolutions as they did not meet the previous week as expected. As the committee was scheduled to vote on their resolutions tomorrow, she suggested tabling the item until after the Budget Committee votes. It was agreed to convene a special meeting on June 1, 2021 at 6pm.
I. Town Administrator Cotta - Discussion relative to Bob Lantz/Bill’s Sales Industrial Park land purchase/
Planning Board delays
Regarding Bob Lantz’ complaint, Administrator Cotta noted he had consulted with Planner Siciliano, asking for a timeline of events to determine what delays, if any, were inordinate. While he stated the process could be smoother, he believed not all of the complaint was valid, citing a nine month conceptual plan submittal delay as well as another nine month delay by Mr. Lantz when he withdrew a preliminary plan in July 2020, and did not resubmit until March 2021. As to costs, he noted that while planning board fees were well established, the added escrow fees for Steere Engineering can be burdensome and costly, stating we should not be charging every applicant duplicate engineering fees. Administrator Cotta agreed to notify Mr. Lantz as to the findings of his complaint.
J. Town Administrator Cotta– Discussion and possible votes on fees for Newport Chamber of Commerce
and Connect Greater Newport membership
Administrator noted there was a $5,000 application fee for Connect Greater Newport which could be paid for from Council contingency fund. The Newport Chamber of Commerce fee was an annual $330 plus $10 per employee. The estimate included the 93 town employees as well as 150 school employees and he questioned the benefit of including the school employees. He recommended the total monthly fee of $1210 that included only the 93 town employees to begin with.
Councilor Edwards motioned to join Connect Greater Newport and the Greater Newport Chamber of Commerce including only the town employees for a total of $6210 to be paid by the Council contingency fund. Seconded by Councilor Janick, the motion passed 4-1, with Councilor Cook opposed.
K. Town Solicitor Marcello – Discussion and review of various options for Short Term Rental ordinance
Solicitor Marcello, citing his lengthy detailed memo outlaying the available options, and due to the late hour, recommended moving the important matter to the special meeting set for June 1, 2021. There were no objections.
L. 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 asked to continue to the June 1, 2020 meeting. There were no objections.
A. Town Clerk - Scheduling of joint meeting of the Town Council, Planning Board, Zoning Board
of Review and the Economic Development Commission – targeting Thursday June 10, 2021
Clerk Chabot relayed that as most members were available for the June 10th date, she would proceed to schedule accordingly. Councilor Burk agreed to provide guidance with agenda verbiage. Solicitor Marcello reminded that all boards would need to post the same agenda.
B. Sergeant John Leduc/Kristen Morrissette/Stu Gilfillen – Child Safety Day
Sergeant Leduc briefed Council on the upcoming events which including the High School Senior parade that was coordinated via senior class advisor Kristen Morrissette on June 10th at 10:30am. He also highlighted the 3rd annual Child Safety Day, scheduled for Saturday, June 12, 2021 from 12 – 2pm, which was a fundraising event for Town Farm Recreation playground equipment.
C. Town Solicitor – Update on Open Meetings Act regarding hybrid meetings
Solicitor Marcello acknowledging several inquiries about in-person meetings, noted that while in person meetings were allowed, due to the executive order still in place, a hybrid option allowing people to attend remotely was necessary. He expected the order to expire in July, but until then, meeting in person was not an option as the Town did not have the technology to facilitate hybrid meetings. Administrator Cotta said a meeting was scheduled with the video team to determine what equipment was needed to achieve a hybrid option that was also mobile if necessary for meetings outside of Town Hall. Administrator Cotta added that he was aware of legislation currently gaining a lot of traction, which may require a hybrid option by law indefinitely.
A. Town Administrator – RIGL 42-46-5(a)(2) – Closed session related potential litigation regarding the
revaluation/appraisal of the Tiverton power plant, Revere Power, LLC.
B. Town Administrator – RIGL 42-46-5(a)(2) – Closed session related potential litigation regarding the
revaluation/appraisal of Twin River – Tiverton
C. Councilor Cook – Potential Litigation RIGL 42-46-5(a)(2) - Litigation strategy and legal options related
to withholding of minimum revenue payment from State of Rhode Island
D. Town Administrator – RIGL 42-46-5(a)(2) – Collective Bargaining - IBPO
Councilor Perry motioned to enter executive session for the above Closed Executive Session items 11.A, 11.B, 11.C and 11.D, Councilor Edwards seconded the motion, the motion passed unanimously.
Council entered closed executive session at approximately 11:07 p.m.
Council returned to open session at approximately 11:56 p.m.
The Town Council reconvened in open session following the conclusion of the executive session.
Councilor Perry motioned to seal the minutes of Executive Session. Councilor Edwards seconded the motion. The motion passed unanimously.
Councilor Burk reported that they met on the four items listed under Closed Executive Session. No votes were taken, only updates were provided.
Councilor Perry made a motion to adjourn the meeting. Councilor Cook seconded the motion. The motion passed unanimously. The meeting adjourned at 11:58 p.m.
A True Copy.
ATTEST_________________________
Joan B. Chabot, Town Clerk