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

Tuesday, October 12, 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 Vice-President Burk called the meeting to order with the pledge of allegiance to the flag.

3. ROLL CALL

Present

Council President deMedeiros - absent	Council Vice President Burk	Councilor Janick
Councilor Vieira	Councilor Cook	Council Edwards
Councilor Perry

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

 

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

4. CONSENT AGENDA

A. Approval of Town Council Minutes
     1. September 27, 2021 – Regular Session (Councilors Cook and Perry absent, abstain)
     2. September 27, 2021 – Executive Session (Councilors Cook and Perry absent, abstain)

 

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

     1. Historic Preservation Advisory Board (1)

   

 C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – September 2021
     2.  Police and Fire Department Overtime Reports – September 2021

   

D. Approval of Tax Assessor Abatements - $3,917.12

 

E. Approval of Uncollectable Tax Abatements - $76,127.81

 

Councilor Cook removed item 4-B-1
Councilor Janick removed 4-D
Councilor Edwards removed 4-E

Councilor Perry motioned to approve Consent Agenda items with the exception of 4-B-1, 4-D and 4-E. Seconded by Councilor Vieira, the motion passed unanimously.

Re: 4-B-1, Councilor Cook questioned the mention of proposed name ‘Tiverton Heights’ for the Fish & Souza Road development, whereas, due to location, the Historic Preservation Advisory Board wrote that ‘Pocasset Heights’ would be appropriate. Administrator Cotta would refer these minutes to the Planning Board for review.

Re: 4-D, Councilor Janick asked if some abatements were related to previously reported town revaluation errors. Assessor Robert explained discrepancies could be related to data entry errors or data corrections pursuant to actual inspection v. estimated data and not necessarily linked to revaluation errors.

Re: 4-E, Councilor Edwards requested clarification on the uncollectable taxes. Tax Collector McGowan explained the balances were comprised of motor vehicle and tangible business accounts older than 10 years and deemed uncollectable by the collection agency due to the statute of limitations. She furthered that historically, the town writes off the uncollectables as a housekeeping matter to provide a more accurate reflection of true receivables.

Councilor Perry motioned to approve 4-B-1, 4-D and 4-E. Seconded by Councilor Cook, 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. Historical Cemeteries Commission – (5) Member Board, (3) Year Terms, (1) Vacancy
                           (1 unexpired term to 4/15/2022)
                     1. Thomas Snell, 245 King Rd - Request appointment to expire 4/15/2022

Thomas Snell explained how his experience, passion for genealogy and extensive historical family ties to Tiverton made him an ideal candidate for the Board position.

Vice President Burk noted that a letter from Co-Chair Jim Spears was received in support of Mr. Snell’s appointment to the Historical Cemeteries Commission.

 

Councilor Cook motioned to waive policy to hold appointment until next meeting and to appoint Thomas Snell to the Historical Cemeteries Commission for a term to expire 4/15/2022. Seconded by Councilor Edwards, the motion passed unanimously.

7. GENERAL BUSINESS

A. DPW Director Rogers – Request permission to advertise for bids for land clearing and grubbing for
     proposed Recycle Center and Road

Administrator Cotta noted that a cursory search for bids resulted in amounts exceeding the ability to waive contractual bid requirements. He added that no funding source was yet available, but expected to be able to use recently available monies.   

Councilor Perry motioned to approve the request for permission to advertise for bids for land clearing and grubbing for proposed Recycle Center and Road. Seconded by Councilor Cook, the motion passed unanimously.

                B. Councilor Cook – General discussion regarding recruitment, hiring and retention of Firefighter/EMT

Councilor Cook explained the need for strategic planning and solutions for recruitment, hiring and retention of firefighter and EMT personnel. She included an old report developed by a prior committee that could be useful, despite obsolete portions. Chief Reimels confirmed the lack of an available hiring pool. He mentioned a recent meeting with the head of the fire science program at Bristol Community College related to recruitment of interested high school students. Ms. Cook stated a workshop was necessary to prevent a problematic future shortage. Vice President Burk suggested creating a sub committee to review and update the existing report and determine if a future workshop is necessary. After brief discussion, it was agreed to add a discussion and vote on a subcommittee related to addressing the challenges for the fire department in terms of recruitment retention and ongoing support. 

                C. Councilor Cook – Consideration and general discussion that the general update on all pending
                     litigation be listed under general business on agenda instead of executive session

Solicitor Marcello recommended continuing litigation updates in executive session, outlining examples as to how legal strategies could potentially be impacted by public disclosures.  

 

                D. Councilor Perry – Request to change location for Trunk or Treat event to Ranger School

 

Councilor Perry explained the venue location change was due to a conflict with the school’s homecoming dance scheduled for the same evening. Chief Jones confirmed there should be no traffic issues. As all three school locations had been previously approved, no new approval was necessary.

 

                E. Council President deMedeiros - Request approval for contractual changes for Town Administrator
                     Christopher Cotta

Vice President Burk explained that as the Administrator was turning 65, he would lose state sponsored health coverage. The contract change would allow him to participate in town health coverage effective 11/1/2021, in addition to the 3% salary increase effective 10/1/2021.
               

Councilor Perry motioned to accept the contractual changes for Town Administrator Cotta. Seconded by Councilor Janick, the motion passed unanimously.

                F. Administrator Cotta – Discussion and possible vote on contract addendum related to maternity/FMLA
                     for Planner Siciliano

 

Administrator Cotta explained his proposed accommodation related to a maternity/FMLA contract change developed for Planner Siciliano. The change would allow flexibility to work from home and to provide 3 weeks added paid leave. He added that she does not utilize town healthcare. The Administrator recommended the accommodation, citing her performance excellence. Councilor Cook expressed concern that the accommodation was setting precedence.

 

Councilor Perry motioned to accept the contract addendum related to maternity/FMLA for Planner Siciliano. Seconded by Councilor Edwards, the motion passed 5-1 with Councilor Cook opposed.

8. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

                A. Council President deMedeiros – Reschedule meeting to possibly October 18, 2021 regarding
                     allocation of Casino Gaming Revenue per Tiverton Code of Ordinance Section 2-107

Vice President Burk explained due to improper posting, the planned meeting had to be rescheduled and suggested October 18, 2021 at 7:00 p.m. All were in agreement.

 

                B. Administrator Cotta – Update on American Recovery Act funds/extension

 

Administrator Cotta updated that the end of October deadline for American Recovery Act funds utilization plans has been extended through February 2022, as federal guidance was not yet available. He hoped to have a public announcement and/or a public survey available soon to gather community feedback.

 

9. CLOSED EXECUTIVE SESSION

            A. Garry Plunkett, Open Space Commission – RIGL 42-46-5(a)(5) regarding protection of property for
                     public benefit

 

                B. Solicitor Marcello – RIGL 42-46-5(a)(2) regarding letter received for potential Janssen settlement

 

Councilor Perry motioned to enter executive session pursuant to RIGL 42-46-5(a)(5) regarding protection of property for public benefit and pursuant to RIGL 42-46-5(a)(2) regarding letter received for potential Janssen Opioid Settlement. Councilor Vieira seconded the motion, the motion passed 5-1, Councilor Cook opposed.

 

Council entered closed executive session at approximately 8:26 p.m.

 

Council returned to open session at approximately 8:58 p.m.

 

Councilor Perry motioned to seal the minutes of Executive Session. Councilor Edwards seconded the motion. The motion passed 5-1, Councilor Cook opposed.

 

Solicitor Marcello reported that the Council met on two items. Pursuant to 42-46-7(b)(1), votes were taken the disclosure of which would jeopardize strategy or negotiation and therefore would not be disclosed at this time.

 

10. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Vieira seconded the motion. The motion unanimously passed. The meeting adjourned at 9:01 p.m.

A True Copy.

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk