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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, February 14, 2022 at 7:00 PM via a Virtual Meeting viewable at Tiverton Videos on YouTube.
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 Vice President Burk | Councilor Janick | |
| Councilor Cook | Council Edwards | Councilor Vieira |
Absent
Councilor Perry
Council President deMedeiros
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. January 24, 2022 – Regular Session
2. January 31, 2022 – Special Meeting (Councilor Perry absent, abstains)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Dog Park Advisory Committee (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – January 2022
2. Town Administrator – Police and Fire Department Overtime Reports – January 2022
D. Approval of Tax Assessor Abatements - $4,586.38
Councilor Cook removed C-1.
Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-C-1. Seconded by Councilor Vieira, the motion passed unanimously.
Re: C-1, Councilor expressed concern over several months’ worth of missing AO reports and meeting minutes as well as the A/O header being removed entirely on the Administrator’s Department Monthly report.
Administrator Cotta explained the AO reports continued delay is due to Planner being out on maternity leave and the minutes were now being worked on by the new land use clerk.
Councilor Perry joined the meeting.
Councilor Edwards motioned to approve 4-C-1. Seconded by Councilor Vieira, 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 ordinance that will establish permitting requirements for
Mobile Food Establishments
Solicitor Marcello explained that prior to around 2019, mobile food establishments (MFE’s) were licensed by cities and towns under a hawkers/peddler's license under a provisional state statute. As a result of increased mobile food business, the state passed a statute giving cities and towns the ability to license MFE’s that are regulated by the Department of Business Regulation (DBR). The DBR then promulgated a regulation requiring cities and towns to adopt ordinances for MFE’s that is in addition to state licensing requirements. He furthered his draft primarily mirrors state law regarding annual, special event licensing and setting max fee at $75 and explained the permitting process, hours of operation and other restrictions.
Councilor Edwards motioned to change language of the last line under section 58-56 Issuance fee/Event Permit Fee to “The permit fee for the issuance of a special event permit shall be $300.00.” Seconded by Councilor Perry, the motion passed unanimously.
Councilor Perry motioned to change language of the hours in section 58-60 H. from 6am to 12 midnight to 8 am to 10 pm. Seconded by Councilor Janick, the motion passed unanimously.
Significant discussion ensued relative to concerns that the $300 special event permit fee might be excessive.
Council Vice President Burk opened the public hearing and asked for comments from the public. With no response, Council Vice President Burk asked for a motion to close the public hearing.
Councilor Vieira motioned to close the public hearing. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Cook motioned to strike the language under Sec. 58-56 “The fee for the issuance of an event permit fee shall be $300.00” and to amend Sec. 58-61 F. to add a period after the words “duly licensed” and striking the subsequent language “or has a special event permit issued by the Town of Tiverton.” Seconded by Councilor Janick, the motion passed unanimously.
Councilor Edwards motioned to approve An Ordinance In Amendment of Chapter 58 of the Revised Ordinances of the Town Tiverton, Section I, Article 3, Mobile Food Establishment Permit as amended and to allow Solicitor the ability to make minor grammatical, non-substantive changes as necessary. Seconded by Councilor Perry, the motion passed unanimously.
Council President deMedeiros joined the meeting.
7. APPOINTMENTS AND RESIGNATIONS
A. Cemetery Commission - (5) Member Board - (1) Vacancy
1. Marc Desrosiers, 589 Hancock Street - Requests appointment, term ending 4/15/2024
Councilor Cook motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Perry motioned to appoint Marc Desrosiers to the Cemetery Commission. Seconded by Councilor Cook, the motion passed unanimously.
B. Open Space and Land Preservation Commission - (9) Member Board - (1) Vacancy
1. Cory (Caroline) P. Alexandre, 299 Nanaquaket Road - Requests appointment, term ending
4/15/24
Councilor Cook motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Janick motioned to appoint Cory (Caroline) P. Alexandre to the Open Space and Land Preservation Commission. Seconded by Councilor Vieira, the motion passed unanimously.
C. Solar Ordinance Advisory Committee - (4) Public Members - (2) Vacancies
1. Jim Spears, 494 West Demello Drive – Requests appointment
Councilor Vieira motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Vieira motioned to appoint Jim Spears to the Solar Ordinance Advisory Committee. Seconded by Councilor Edwards, the motion passed unanimously.
D. Juvenile Hearing Board- (7) Member Board - (2) Vacancies for Alternate positions
1. Robert Sedoma, 19 Bayview Ave - Requests appointment to Alternate position, term ending
10/15/2024
Councilor Burk motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Vieira, the motion passed unanimously.
Councilor Perry motioned to appoint Robert Sedoma to the Juvenile Hearing Board. Seconded by Councilor Edwards, the motion passed unanimously.
E. Budget Committee - (11) Member Board - (1) Vacancy
1. Michael Janick, 374 Judson Street - Requests appointment to assume vacant position, term ending
11/4/2024
Councilor deMedeiros motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Janick recusing.
Councilor Edwards motioned to appoint Michael Janick to the Budget Committee vacant position, term ending 11/4/2024. Seconded by Councilor Perry, the motion passed 6-1, with Councilor Janick recusing.
8. GENERAL BUSINESS
A. DPW Director Rogers – Discussion and possible vote to award the contract for Bituminous Concrete
Crushing Rental to A.J. Potter & Sons Inc., up to an amount of $28,880
Councilor Perry motioned to award the contract for Bituminous Concrete Crushing Rental to A.J. Potter & Sons Inc., up to an amount of $28,880. Seconded by Councilor Edwards, the motion passed unanimously.
B. Councilor Burk – Discussion and possible vote regarding Ordinance Section 2-107 Casino Gaming
Revenue for 2022 revenue in FY2023
Councilor Burk explained existing ordinance expires at the end of the fiscal year, therefore his preliminary draft was a starting point in determining how casino revenue funds are spent. He explained the general fund transfer was intended to move reserve to 10 percent as previously recommended by the Treasurer. He furthered that 40 percent of revenues would to be transferred to a restricted acute (emergency) capital projects account, 40 percent to a restricted capital projects account, and 20 percent to the restricted general fund until that fund reaches 10 percent of the town’s current operating budget. Then, casino funds would be split 50/50 between the acute and regular capital accounts. He said casino gaming revenue would only be expended after the fiscal year in which the town receives the revenue.
Councilor Cook said the proposed actions are in violation of the Charter as expenditures over $500,000 must go before the voters. She furthered that Council has yet to get a legal opinion from the Solicitor as to how the revenue is voted on and spent by the town council without public input. She also argued that all expenses are operational.
Council President deMedeiros disagreed, noting the Solicitor had issued an opinion that casino revenue is different than money brought in by taxation. She said spending now on capital expenses and eliminating going out to bond will decrease taxes.
Councilor Burk disagreed with the Councilor Cook’s suggestion that the whole budget is operational. He said the council is being prudent in the allocation of funds to help address capital needs and protecting the town from major emergencies.
Councilor Edwards stated the funds would be used for necessary projects normally funded by tax revenues.
Councilor Janick agreed with 10 percent general fund reserve target and concurred that paying for items “we had to kick down the road for so many years,” represents a reduction in taxes.
Councilor Perry agreeing with Councilor Cook, said if the town is spending more than $500,000 on capital items, the people, not council, should have the right to decide where the casino money goes.
Solicitor Marcello declared he stood by his earlier written opinion of no Charter violation. He noted he saw concerns with some of the language in the draft ordinance, but could be addressed later.
School Committee Chair Larkin, speaking as a community member, said multiple public hearings allowed citizens to weigh in and the council had been transparent in its actions relating to casino funds.
Administrator Cotta stated the council has been extremely fair, prudent and transparent and he has heard no complaints over the past year. He added prudently spending the money on town needs was the best thing for taxpayers.
Councilor Vieira opined there is a difference between need and want and this essentially removes the budget committee out of the checks and balances as the deciding factor. He said while he historically supported that voters should be heard on how casino funds are spent, to date, he has heard almost nothing from the public. He added he would like to see a portion of the casino revenue allocated to debt reduction.
Council President deMedeiros tabled further discussion until next meeting to allow Solicitor to tweak language and to invite Treasurer to join. She added a public hearing will be scheduled prior to a final vote.
C. Councilor Vieira – Discussion and possible vote to refer to appropriate committees regarding update
on Stonebridge dock and on potential dinghy rental spots, dock expansion and beachfront expansion
to include kayak rack at Grinnell’s and Fogland Beaches
Harbor Commission Chair Bruce Cox gave background on the dock that for years consisted of a platform just north of the Stone Bridge abutment. With the reconstruction of the abutment the dock was allowed to be rehabilitated via a CRMC maintenance permit. He added that floats were acquired for free from the states’ project beneath the Sakonnet River Bridge. He furthered the work, pilings and floats were completed within the $10,000 budget amount that included a handicap assessable dock platform.
Harbor Commission member Dave Stewart explained the idea of waterfront development as a great economic opportunity for Tiverton in light of high demand for kayak and small boat space rental. He noted communities like Newport and Bristol have similar models as popular waterfront attractions, utilizing a lottery type system. He estimated generated revenue at around $3000 annually. Additionally, he said expansion of the existing docs should be considered to house the Harbormaster and Fire Dept. vessels which would save the Town $7000 in docking fees.
Councilor Veira queried about previously discussed plans for renting dinghy space on the existing dock. Mr. Stewart replied that physically the plan was in place, and requiring only the town's permission, a fee structure, safety rules etc. was necessary. He added the ideal plan would be resident dinghy storage on the east side of the existing dock and 30 minute tie-ups for transient people on the west side. Council President deMedeiros said she believed this must first be presented to the Recreation Committee.
Economic Development Commission Chair Renee Jones stated in terms of EDC involvement, an action item in the Comp Plan promotes utilization of Tiverton’s waterfront for marine dependent uses to enhance the local economy while maintaining the town's maritime and residential character. As an overall plan, she added there were other waterfront areas of town that could be promoted for development. She stressed the importance of committees working together to help answer questions and share knowledge.
Councilor Burk thought conceptually was great, but needs more information about day to day operations as well as understanding what role CRMC and DEM would have. He also agreed with the collaboration of the integral committees, such as Open Space, Recreation, EDC etc.
Councilor Vieira said the focus should be on rental space for the existing dock this summer and asked Administrator Cotta to comment. The Administrator explained the amendment of the fee structure would require a public hearing process. Council President deMedeiros stressed she would like to see the plan for housing the town boats to save money. Councilor Vieira replied his recollection was for future extension of the existing doc to house the town boats. Dave Stewart said it is a work in progress to be done in stages with new pilings and a new dock for extension. Bruce Cox explained the plan was to identify the best means of arranging dock tie up locations etc. via a subcommittee group to facilitate the utilization of the dock to maximize functionality. Council President deMedeiros asked that Recreation Chair Gilfillen be included on the subcommittee and suggested a joint meeting to develop a specific plan for further discussion.
D. Councilor Vieira – Discussion and possible vote to refer to the Solicitor to confirm ownership of
Fogland Boat ramp as related to hazardous conditions
Councilor Vieira explained that in a Harbor Commission meeting last October, some residents expressed concern about the condition of the boat ramp. Harbor Commission Chair Bruce Cox furthered that the boat ramp has been the topic of discussion multiple times and they had documentation that indicates the ramp is owned by the town, although other information indicates that the area is also a CRMC right of way. Asserting the dock needs attention in terms of maintenance, he questioned the feasible maintenance for larger vessels, suggesting dinghy racks or kayak racks. Dave Stewart agreed the spot was a perfect access point and ideal for launching small boats and kayaks. Councilor Vieira reiterated his concern over safety conditions, especially exposed rusted rebar. He noted a cooperative agreement he found between the town and RIDEM signed in 1995 that read the town will keep it in good repair but the division will supply replacement slabs to the town on a needed basis.
It was decided to refer the matter to the Solicitor to determine ownership to then continue discussions on maintenance and future use.
Councilor Vieira motioned to move item 8-G forward. Seconded by Councilor Edwards, the motion passed unanimously.
G. Town Administrator – Discussion and possible vote to approve contract addendum with Pare
Corporation to manage/monitor the Landfill Closure project
Administrator Cotta explained closure of the landfill will require extensive oversight to ensure the awarded contractor, JH Lynch, performs work as approved by RI DEM. His recommendation was for PARE to perform the oversight work, as they had completed all of the preliminary work seeking RI DEM approval. The oversight work could be added as an addendum to the existing technical services contract. DPW Director Rogers concurred with the Administrator’s recommendation to approve the contract addendum with PARE.
Councilor Edwards motioned to approve contract addendum with Pare Corporation to manage/monitor the Landfill Closure project in the amount of $496,300.00. Seconded by Councilor Cook, the motion passed unanimously.
Councilor Edwards motioned to move item 8-J forward. Seconded by Councilor Vieira, the motion passed unanimously.
J. Discussion and review of the proposed Tiverton School Department Five Year Capital Plan as
proposed to be submitted to R.I. Department of Education for approval and potential
re-imbursement, discussion of RIDE procedures and regulatory requirements and submission
deadlines, possible vote to approve same
School Committee Chair Dr. Larkin reviewed the Financial Summary for the Stage 2 Plan that will be submitted to RI Department of Education. The cost breakdown is HS/MS Toilet room renovations of $1,063,713 and Athletic field light pole replacement of $265,261, for a total of $1,328,974. Dr. Larkin explained they were able to submit a $500,000 Emergency Application for the Middle School (some of which is not reimbursable) and that makes ups most of the difference to the $2 Million approved by the Town Council. With Town Council approval of the application, this will allow for reimbursement from the State.
Councilor Burk motioned that the Tiverton Town Council supports the Tiverton School Committee for District Housing Aid Reimbursement as outlined in the letter from RGB Architects to Mr. Peter Sanchioni dated February 11, 2022. Seconded by Councilor Edwards, the motion passed 5-1-1, with Councilor Perry abstaining and Councilor Cook opposed.
E. Town Administrator – Discussion and possible vote on proceeding with American Recovery Act public
Administrator Cotta opened discussion noting that ARPA funding guidelines had changed from the original draft memo he provided last September. He explained the updated recommendations for ARPA fund allocation via an updated version of the original spreadsheet. He encouraged discussion and further input on his identified high priority items that included IT, technology improvements, broadband/communications, plow trucks, training and sewer maintenance.
Councilor Burk expressed interest in seeing the new written guidance and how the priorities were determined.
Significant discussion ensued relative to the $100,000 suggested allocation for Newport Mental Health component. Councilor Burk added that resources such as these can augment police departments so they can focus their job and mental health professionals can handle domestic violence issues, etc. in a supportive role. Councilor Cook expressed concern about the additional cost and future liabilities.
Fire Chief Reimels explained the immediate high priority item of Fire Department training for certification to operate ladder vehicles which was estimated to cost around $30,000.
Councilor Edwards motioned to authorize the expenditure of $30,000.00 for the training of firefighters to use the ladder truck and the money to be withdrawn from the APRA funding. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Cook motioned to authorize the expenditure of $15,000.00 for the ladder new hose and to authorize the town administrator to use the purchasing process to either bid or sole source as appropriate. Seconded by Councilor Janick, the motion passed unanimously.
Administrator Cotta was to continue work on prioritizing items with basic time lines and would provide the new federal guidelines to the councilors. Councilor Burk suggested councilors to consult with their liaison commissions and bring back ideas to the Administrator.
F. Town Administrator – Discussion and possible vote to approve contract for Tax Assessor David
Robert, with contract term 12/11/2021 through 12/10/2024
Councilor Cook motioned to approve contract for Tax Assessor David Robert, with contract term 12/11/2021 through 12/10/2024. Seconded by Councilor Perry, the motion passed 6-0-1, Council President deMedeiros abstaining as had momentarily stepped away.
H. Councilor deMedeiros – Scheduling budget workshops, tentative dates Saturday 2/19 at 11:00AM,
Monday 2/21 at 6:00 PM, Saturday 2/26 at 9:00 AM
Council President deMedeiros suggested budget review meetings be scheduled for Saturday 2/19 at 11:00AM, Monday 2/21 at 6:00 PM, Saturday 2/26 at 9:00 AM. Council members were in agreement.
I. Councilor Burk – Scheduling meeting/s for Financial Town Referendum & Personnel
Changes Advisory Subcommittee
Councilor Burk suggested scheduling the next Financial Town Referendum & Personnel Changes Advisory Subcommittee for February 21, 2022 at 4:30 p.m. Subcommittee members present were in agreement.
9. CLOSED EXECUTIVE SESSION
A. Town Solicitor – RIGL 42-46-5(a)(2) - General update on all pending litigation
Councilor Vieira motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) - General update on all pending litigation. Councilor Perry seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 11:02 p.m.
Council returned to open session at approximately 11:20 p.m.
Solicitor Marcello reported that Council received an update on pending litigation matters. No votes were taken in Executive Session, except for motion to seal the minutes of Executive Session with a vote of 5-1, Councilor Cook opposed.
10. ADJOURNMENT
Councilor Perry motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 11:24 p.m.
A True Copy.
ATTEST________________________________
Joan B. Chabot, Town Clerk