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, November 8, 2021 at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.

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.

School Committee Chair Dr. Larkin, having a quorum, opened the School Committee meeting. Members present were Chair Dr. Larkin, Vice Chair Farnworth and Members DeCotis and Pavao

3. ROLL CALL

Present
Council President deMedeiros	Council Vice President Burk	Councilor Janick
Councilor Vieira	Councilor Cook	Council Edwards
Councilor Perry

 

Town Administrator Cotta, Solicitor Marcello, and Clerk Chabot were also present.   

BUSINESS BROUGHT BEFORE THE COUNCIL
Council President deMedeiros read the items on the Consent Agenda.

4. CONSENT AGENDA

A. Approval of Town Council Minutes
     1. October 18, 2021 – Special Session
     2. October 25, 2021 – Regular Session

 

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

     1. Economic Development Committee - (2)

     2. Cemetery Commission (2)
     3. Town Farm Renovation Committee (1)

     4. Open Space (2)

     5. FTR & Personnel Changes Advisory Committee (1)

 

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – October 2021

     2. Police and Fire Department Overtime Reports – October 2021   

 

D. Acknowledge Receipt of Correspondence
     1. Verizon New England – Contact info update
     2. Susan Anderson, Historic Preservation Advisory Board Chair - Letter re: Harkins Development
          proposal on Fish & Souza Roads
     3. Susan Anderson, Historic Preservation Advisory Board Chair - Letter re: Brayton Solar Development

 

E. Approval of Tax Assessor Abatements - $27,232.45

F. Approval of License Renewals – Non-Advertised (December 1, 2021 to November 30, 2022)

    See attached lists for:

        Tobacco Dealers License Renewals
        Victualling License Renewals
        Holiday License Renewals
        Antique License Renewals

 

Councilor Cook removed item C-1 and B-5
Councilor Janick removed A-2

Councilor Perry motioned to approve Consent Agenda items with the exception of A-2, B-5 and C-1. Seconded by Councilor Burk, the motion passed unanimously.

Re: A-2, Councilor Janick noted Pg. 4 of the minutes (item 6-F), incorrectly stated the motion as 6-1, whereas it should have read 5-2, with Councilor Cook and Councilor Janick opposed.

Councilor Janick motioned to accept item A-2 as amended. Seconded by Councilor Perry, the motion passed unanimously.

Re: B-5, Councilor Cook, concerned with Solicitor Marcello’s authority to vote at the 9/27/21 FTR & Personnel Changes Advisory Committee meeting, requested the vote to authorize the minutes be taken separate to approve the minutes. Council Vice President Burk noted that the votes from the 9/27/21 meeting could be re-taken.  

Councilor Edwards motioned to accept B-5. Seconded by Councilor Perry, the motion passed 6-1, with Councilor Cook opposed.

Re: C-1, Councilor Cook, noting in this and last months’ Department Report, the Planner section refers to “see AO Report” despite not receiving an AO report for the last two months. It was decided to amend the department report to show no report available under Planner. Ms. Cook also questioned the lack of any Harbormaster report, which, in her opinion, should address recent problems. Administrator Cotta was to check with THC on a report.     

Councilor Burk motioned to approve C-1, as amended. Seconded by Councilor Perry, the motion passed unanimously.

5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

A. Comments received – none

 

6. APPOINTMENTS AND RESIGNATIONS

                A. Tax Assessment Board of Review - (3) Members, (3) Year Terms, (2) Vacancies

                     1. Deborah Plant, 1006 Crandall Road - Request appointment to expire 10/15/2024

 

Councilor Burk motioned to waive policy and proceed to the aforementioned re-appointment. Seconded by

Councilor Perry, the motion passed unanimously.

 

Councilor Burk motioned to approve the appointment of Deborah Plant to the Tax Assessment Board of Review to expire 10/15/2024. Seconded by Councilor Vieira, the motion passed unanimously.

 

                B. Acknowledgement of resignations/retirements
                    1. Joseph Szrom – Budget Committee

                    2. Adam Raposa – Town Farm Renovation Committee

 

Councilor Perry motioned to accept the aforementioned resignations with regret. Seconded by Councilor Vieira, the motion passed unanimously.

8. GENERAL BUSINESS

A. DPW Director Rogers - Request approval for PAYT Trash Bag Holiday beginning Monday, December
     27, 2021 ending Friday, December 31, 2020 and to advertise Trash Bag Holiday and Christmas Tree

     Curbside Pickup schedules
 

Councilor Perry motioned to approve the PAYT Trash Bag Holiday beginning Monday, December 27, 2021 ending Friday, December 31, 2020 and to advertise Trash Bag Holiday and Christmas Tree Curbside Pickup schedules. Seconded by Councilor Edwards, the motion passed unanimously.

B. DPW Director Rogers - Advertise for Bids for Specified Recreational Facility and Turf Management
     Services for Calendar Year 2022

Councilor Perry motioned to approve the request to advertise for bids for Specified Recreational Facility and Turf Management services for Calendar Year 2022.  Seconded by Councilor Janick, the motion passed unanimously.

C. Councilor Cook – Discussion regarding trash/drug/alcohol problems on Two Rod Way as outlined
     in Harbor Commission correspondence

 

Councilor Cook opened discussion noting many problems on Two Rod Way, the shoreline access to Jack’s Island brought forth by neighboring residents Peter Karczmar and Cathy Lund. Mr. Karczmar and Ms. Lund spoke about trash dumping and illegal activity that has persisted for the almost 25 years they have lived there. They provided supplemental documents including aerial images and photos of trash dumping, as well as correspondence to the Harbor Commission outlining proposed measures making Two Rod Way pedestrian access only, town signs prohibiting drug use/illegal dumping and free large trash bag use for community cleanups.

 

DPW Director Rogers expressed concern about lack of personnel to pick up extra trash and believed there would be a parking problem if limited to foot traffic only. He noted the problem wasn’t an isolated case, citing several other public access areas in town that garner similar complaints.

 

Chief Jones agreed the area had been problematic for years, offered to step up patrol of the area and urged residents to call when suspicious vehicles are noticed. He suggested use of a “jersey barrier” that would not prohibit parking, but limit the distance a car could drive into the area ensuring the vehicle would be visible from Seapowet Ave.

 

Solicitor Marcello reminded that any proposed road closure would require a public hearing.  In addition to increased police presence, DPW help with litter, designated free trash bags, the Administrator and Solicitor would consult with CRMC. The matter would be re-visited at the next meeting.  

 

D. Council President deMedeiros – Discussion and possible vote regarding allocations of Casino

     Gaming Revenue as per Tiverton Code of Ordinance Section 2-107

                1. Review of School Committee’s vote on 2021 Casino Gaming Revenue/Capital Request

                2. Review of total allocations for school and town capital and possible further adjustment to
                   allocations

 

School Committee Chair Larkin presented Council with two options for spending the remaining $682,000

 

Resolution #1 included $250,000 for Media Center, $60,000 for Graphics Arts Lab and $372,500 for Bathrooms. Resolution #2 included $60,000 for the Graphics Arts Lab and $622,500 for Bathrooms. 

 

Council President deMedeiros expressed disappointment that $250,000 for a Media center, not a health and safety item, was presented as an option in lieu of full expenditure for the bathrooms. She was of the opinion that the $682,500 should be remanded back to the School Dept. and Administrator to re-present priorities.   

 

Councilor Cook also felt that the Media Center and Graphics Lab were wants, not needs, and the bathrooms should take precedence. She furthered she would be voting no regardless as she didn’t agree with the process.

 

Councilors Perry and Janick agreed that the School knows best what they need and the items should be considered. Councilor Edwards, reminded that the bathrooms being a health/safety item, would result in a 35% state reimbursement in a year, which could be used for some of the other items.

 

Councilor Viera stated that he has been opposed to the ordinance and intended to abstain from voting on the matter. Councilor Burk, although in favor of the Media Center and extra items, he stated he believed the purpose of this money is not for those additional items.

 

Councilor Janick motioned to approve $250,000 for Media Center, $60,000 for Graphics Arts Lab and $372,500 for Bathrooms.  Seconded by Councilor Perry, the motion failed 4-2-1, with Councilors Perry and Janick in favor, Councilors deMedeiros, Burk, Cook and Edwards opposed and Councilor Vieira abstaining. 

Councilor Burk motioned to provide the school committee with an additional $682,500 for the purposes of renovating as many of the bathrooms and or locker rooms as possible.  Seconded by Councilor deMedeiros, the motion failed 3-3-1, with Councilors deMedeiros, Burk and Edwards in favor, Councilors Cook, Perry and Janick opposed and Councilor Vieira abstaining. 

Councilor Janick motioned to approve $60,000 for Graphics Arts Lab and $622,500 for Bathrooms. Seconded by Councilor Edwards, the motion failed 2-3-2, with Councilors Janick and Edwards in favor, Councilors Cook, deMedeiros, Burk opposed, Councilors Vieira and Perry abstaining. 

School Committee Chair Larkin requested another motion be made to allocate the remainder of the two million dollars to the bathrooms, adding that it would have full support of the School Committee and would be accepted at this meeting.

 

Councilor Janick motioned to reconsider the previous vote motioned by Councilor Burk to provide the school committee with an additional $682,500 for the purposes of renovating as many of the bathrooms and or locker rooms as possible. Seconded by Councilor Perry, the motion passed 5-1-1, with Councilors deMedeiros, Burk, Perry, Janick and Edwards in favor, Councilors Cook opposed and Councilor Vieira abstaining.

 

 

The reconsidered vote passed 5-1-1, with Councilors deMedeiros, Burk, Perry, Janick and Edwards in favor, Councilors Cook opposed and Councilor Vieira abstaining. 

 

School Committee Chair Dr. Larkin closed the School Committee meeting, with a motion by Mrs. Pavao, second by Mr. DeCotis and unanimous passage.

 

E. Town Administrator – Discussion and possible vote regarding Administrator recommendation for   

     CARES funding expenditures, following all legal procurement requirements:

                1. Police Overtime - $50,000

                2. Police / Fire Radios - $50,000

                3. Fire - Ambulance - $260,000

                4. Fire Overtime - $75,000

                5. Fire - Town wide PPE - $15,000

 

Administrator Cotta, noting that $400,000 in CARES money has to be expended by December 31, 2021, explained his various recommendations that were COVID related and therefore qualified expenses.

 

Councilor Perry motioned to approve all five (5) expenditures. Seconded by Councilor Vieira, the motion passed unanimously.

F. Town Administrator – Discussion and possible vote regarding disposition of surplus vehicles, with

     proceeds going to restricted capital account

 

Police Chief Jones confirmed the 23 vehicles, had been useful for salvage parts, and were for the most part, over 20 years old. He queried if bids could be restricted to Tiverton businesses only. The Solicitor confirmed they could not be limited to town businesses only.  

 

Councilor Perry motioned to approve disposition of surplus vehicles, with proceeds going to restricted capital account. Seconded by Councilor Vieira, the motion passed unanimously.

G. Town Administrator – Ratification of Employment Agreement with Joseph R. Kaufman to serve as

     Part-Time Zoning Officer from July 1, 2021 thru June 30, 2023

 

Councilor Vieira motioned to approve Ratification of Employment Agreement with Joseph R. Kaufman to serve as Part-Time Zoning Officer from July 1, 2021 thru June 30, 2023. Seconded by Councilor Perry, the motion passed unanimously.

H. Discussion and possible vote to advertise for candidates for Municipal Court Judge

     (two (2) year term commencing in November of the year between general elections)

 

Town Clerk Chabot explained the position had inadvertently expired and should have been advertised with an appointment in 2019. Being the odd year between elections, she was requesting the permission to advertise for candidates.  

Councilor Perry motioned to approve the aforementioned request to advertise. Seconded by Councilor Janick, the motion passed unanimously.    

8. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

                A. Clerk Chabot – Facilities request approved for Tiverton High School Auditorium on November 29,

     2021 at 6:00 p.m. for Public Hearing/Workshop on Solar Energy Systems Ordinance

     (Masks are required at the Tiverton High School)

 

                B. Councilor Perry – Tree Lighting Ceremony at Fort Barton/Town Hall on December 4 from 3 to 9 p.m.

 

Council President deMedeiros noting the item had historically been voted on by Council, asked that it be added to the next agenda for a vote. 

 

9. CLOSED EXECUTIVE SESSION

                A. Town Administrator - RIGL 42-46-5(a)(5) - Discussions/overview of the disposition of publicly

                     held property in the Tiverton Industrial Park

 

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.

 

Council entered closed executive session at approximately 9:10 p.m.

 

Council returned to open session at approximately 9:50 p.m.

 

Councilor Perry motioned to seal the minutes of Executive Session. Councilor Burk seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported that the Council voted in Executive Session to give the Town Administrator and any individual needed, authority to further explore and negotiate option agreement with a potential entity that will not be disclosed at this time pursuant to RIGL 42-46-7(b)(1).

 

9. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 9:52 p.m.

 

 

A True Copy.

 

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk