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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 28, 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 President deMedeiros called the meeting to order with the pledge of allegiance to the flag.
3. ROLL CALL
Present
| Council President deMedeiros | Council Vice President Burk | Councilor Janick |
| Councilor Cook | Council Edwards | Councilor Vieira |
| Councilor Perry | | |
Town Administrator Cotta, Solicitor Marcello, Clerk Chabot and Deputy Clerk Veegh 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. February 8, 2022 – Joint School Committee Meeting
2. February 14, 2022 – Regular Session
3. February 14, 2022 – Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Planning Board (1)
2. Town Farm Renovation Committee (1)
C. Acknowledge Receipt of Reports
1. Treasurer Saurette – January 2022 Budget and Revenue Reports
2. Planning Board Annual Report 2021
3. Arts Council Annual Report 2021
D. Acknowledge Receipt of Correspondence
1. Stu Gilfillen, Recreation Commission Chair – Letter in support of COPS grant
2. Thomas Ramotowski, Conservation Commission Chair – Letter re: shoreline setback for new
aquaculture leases – Referred to CRMC
3. City of Woonsocket – Resolution in Opposition of HB 6638 “An Act Relating to Towns
and Cities - Zoning Ordinances”
Councilor Cook removed D-2 and D-3.
Councilor Edwards motioned to approve Consent Agenda items except for D-2 and D-3. Seconded by Councilor Cook, the motion passed unanimously.
Councilor Perry left the meeting.
Re: D-2, Councilor Cook urged the council to consider formally endorsing the concept of a one-thousand-foot shoreline setback for all aquaculture leases as recommended by the Conservation Commission. After a brief discussion, it was decided Ms. Cook would consult with Harbor Commission member Deb Hagen for clarity and more information on the Harbor Commissions’ position.
Councilor Perry returned to the meeting.
Councilor Cook motioned to approve Consent Agenda item D-2. Seconded by Councilor Janick, the motion passed unanimously.
Re: D-3, Councilor Cook proposed that the council support the City of Woonsocket and consider adoption of the resolution in opposition to House Bill 6638.
Councilor Cook motioned to support the City of Woonsocket and adopt a similar resolution. Seconded by Councilor Edwards.
Some council members voiced concern over voting on the resolution without a review of H6638. Therefore Ms. Cook rescinded her motion.
Councilor Cook rescinded her previous motion. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Cook motioned to table item for discussion and possible vote to the next regular meeting. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Cook motioned to approve Consent Agenda item D-3. Seconded by Councilor Burk, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments received:
1. Maureen Morrow – Related to poor road condition and budget
Administrator Cotta noted that Senator DiPalma had notified him that East Road had been moved up on the paving list to be completed this year.
6. PUBLIC HEARINGS (ADVERTISED)
A. Discussion and possible vote on proposed Ordinance regarding establishing a Town council policy for
applying for grants
Council President deMedeiros opened the hearing for public comment.
Council Vice President Burk expressed concern about Section (a) related to the commitment of Town resources, using the example of previously budgeted in-kind contributions. He suggested replacing the word devote with allocate in Section (a) as well as adding language to the effect of “with an exception to allow the town administrator to um approve in-kind and or cash matches that do not require an allocation of additional funds.”
Solicitor Marcello noted that the policy attached to the draft ordinance could be adopted at a later date.
With no public comments, Council President deMedeiros closed the public hearing.
Councilor Perry motioned to continue Public Hearing to the next regular meeting on 3/14/2022, to allow for
review of the proposed changes with the Solicitor. Seconded by Councilor Burk, the motion passed unanimously.
7. APPOINTMENTS AND RESIGNATIONS
A. Town Farm Renovation Committee - (9) Member Board - (2) Vacancies
1. Ryan C. Petri, 43 Kaufman Road - Requests appointment, term ending 6/29/2023
Councilor Edwards motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Perry motioned to appoint Ryan C. Petri to the Town Farm Renovation Committee. Seconded by Councilor Edwards, the motion passed unanimously.
B. Solar Ordinance Advisory Committee - (2) Planning Board Members - (2) Vacancies
1. Planning Board member: Amanda Souza Viera, 160 Leger Lane, as recommended by the Planning
Board
Councilor Vieira motioned to appoint Amanda Souza Viera to the Solar Ordinance Advisory Committee. Seconded by Councilor Edwards, the motion passed unanimously.
8. BOARD OF LICENSING
A. Michael J. Roderick, 264 Bulgarmarsh Road – Requesting Special Event Permit for the Annual
“Courtney Roderick Run for Recovery” 5K Run/Walk Event - July 23, 2022 (rain date July 24, 2022)
from 8-11 AM. Start and finish at Grinnell’s Beach
After discussion, questions arose related to ending location and time conflicts and restroom facilities. As Mr. Roderick was not present for questions, it was decided to table the item until the next regular meeting on 3/14/2022. Recreation Chair Gilfillen weighed in, sharing concerns about location and timing concerning Grinnell’s Beach time conflicts. He offered to touch base with Mr. Roderick to discuss alternate solutions.
Councilor Perry motioned to table the item until the next regular meeting on 3/14/2022. Seconded by Councilor Vieira, the motion passed unanimously.
B. John Skrzypiec, 48 Island View Drive – Requests approval for Annual Renewal of Private Detective
License, subject to meeting all legal requirements
Councilor Perry motioned to approval for Annual Renewal of Private Detective License, subject to meeting all legal requirements. Seconded by Councilor Vieira, the motion passed unanimously.
C. Saed Mahmoud, American Dream of Tiverton, Inc., 400 Main Road – Requests approval of Petroleum
Storage, Tobacco Dealer and Holiday licenses, subject to meeting all legal requirements
Councilor Burk motioned to approve the Petroleum Storage, Tobacco Dealer and Holiday licenses, subject to meeting all legal requirements. Seconded by Councilor Perry, the motion passed unanimously.
D. Town Administrator – Discussion and possible vote to approve Mobile Home-Park License Renewal
for Dadson Mobile Homeowners Assoc. d/b/a Dadson Mobile Estates, 301 Bulgarmarsh Road
beyond limited three months
Administrator Cotta updated the council on the status of the Dadson Estates’ failed septic system corrections. He explained significant progress had been made on RIDEM approvals for the design/repair of four lots. After meeting with Dadson’s manager Steve Delisle, he was confident the systems would be installed expediently, therefore recommended extending the license to operate.
Councilor Burk motioned to extend the Mobile Home-Park License thru 11/30/2022. Seconded by Councilor Janick, the motion passed unanimously.
9. GENERAL BUSINESS
A. Discussion and possible vote to approve National Grid Joint Pole Petition – Nonquit Lane, Poles 5 & 6
Councilor Perry motioned to approve National Grid Joint Pole Petition – Nonquit Lane, Poles 5 & 6. Seconded by Councilor Edwards, the motion passed unanimously.
B. Councilor Janick – Discussion and possible vote regarding authorization and funding to video record
Planning Board and Zoning Board of Review meetings
Councilor Janick explained the importance of live video and recording of Planning and Zoning Board meetings to allow better access and transparency. She had reached out to the video team for input on feasibility, acknowledging there were logistical matters to solve. Councilor deMedeiros said funds could be used from council contingency. Administrator Cotta was to reach out to the video team for a proposal.
Councilor Janick motioned to approve refer to Town Administrator to consult with the video team for pricing. Seconded by Councilor Edwards, the motion passed unanimously.
C. Councilor Burk – Discussion and possible vote regarding amendments to Ordinance Section 2-107
Casino Gaming Revenue and setting date for future public hearing
Vice President Burk explained payments from the state, inclusive of sports betting, would go into the casino gaming account, then within 30 days at the end of the fiscal year, the treasurer would record 20% of the receipts for the prior fiscal year to the unassigned general fund, until that equals 10 percent of the current fiscal year's operating budget. This money could be used towards general operating expenses. The additional 80% would be split with 40% to address short-term capital projects and 40% for medium to long-term capital projects, each as determined to be funded by the Town Council. It can only be allocated and expended after the fiscal year in which the town receives the revenue except for any emergency need upon a supermajority vote of the council.
Councilor deMedeiros mentioned she had hoped after reaching the 10%, another 20% would go to the general fund to alleviate taxes as well as address debt. Solicitor Marcello clarified that anything between 3% – 10% would always be available to the budget committee or town council to allocate towards general operating expenses.
Councilor Edwards noted his opposition to using any casino revenue on operational expenses and referenced upcoming enforceable requirements from RIDE related to school maintenance. Treasurer Saurette, also opposed to using the revenue for operating expenses, noted the GFOA recommends a general fund balance greater than 3%, adding that 80% of RI communities have a minimum of 8% or more.
Councilor Janick queried using revenue towards debt relief. She also agreed 3% reserve was too low and also opposed using it for operations. Councilor Burk explained he intended to create reserves for short-term (emergency) capital expenses and longer term capital plans. He said the best way to provide tax relief was to wisely offset costs related to capital.
Discussion continued related to combining the two 40% capital projects accounts, future charter changes to address minimum reserves, alternate minimum general fund amounts, etc. Administrator Cotta suggested the creation of an assigned general fund account for capital or debt services as determined by the town council.
Councilor Burk suggested condensing section (c) into one account so 80% would be restricted to address capital projects as determined to be funded by the council and to appease any councilors interested in immediate tax relief, and change section b by lowering the 15% threshold. Treasurer Saurette opined that reserving and spending on capital equated to tax relief.
Councilor Burk motioned to amend the draft ordinance as follows: Add “for the purpose of additional capital projects as determined to be funded by the council” at the end of (a). Strike (b) (c) and (d). In (f), replace “Sections (c)(1) and (c)(2)” with “the restricted casino gaming fund account “and strike “from (c)(1) and (c)(2) from the 3rd sentence in (f). Add effective date of July 1, 2022. Seconded by Councilor Edwards, the motion failed 5-2, with Councilors Edwards and Burk in favor and Councilors Janick, Vieira, Cook, Perry and deMedeiros against.
Councilor Vieira motioned to amend the draft ordinance as follows: Section (c) to read “Any remaining funds after the application of Section (b) shall be recorded by the Town Treasurer as follows: Eighty-percent (80%) shall be recorded and restricted to address short term and capital term projects as determined to be funded by the Town Council. Strike (d). In (f), replace both references of “(c)(1) and (c)(2)” with “(c)” only. Add effective date of July 1, 2022. Seconded by Councilor Perry, the motion failed 4-3, with Councilors Vieira, Perry and deMedeiros in favor, and Councilors Burk, Janick, Edwards and Cook opposed.
As both motions failed, it was suggested to table the item until the next regular meeting. Councilor Edwards volunteered to work on the further drafting.
Councilor Edwards motioned to table the item until the next regular meeting on 3/14/2022. Seconded by Councilor Perry, the motion passed 5-1-1, with Councilor Burk opposed and Councilor Cook abstaining.
D. Discussion and possible vote to refer renaming of Spruce Street, Maple Street, Highland Street,
Hemlock Street and Beach Street to Planning Board for recommendations
The administrator explained the purpose was in the effort to address duplicate street names.
Councilor Edwards motioned to refer renaming of Spruce Street, Maple Street, Highland Street, Hemlock Street and Beach Street to the Planning Board for recommendations. Seconded by Councilor Janick, the motion passed unanimously.
E. Overall Discussion, Review, and Potential Preliminary Votes on FY 2022/2023 Budget, including
individual line items as previously submitted by Town Administrator.
Including not limited to:
a. Tax Assessor
b. Tax Collector
c. Senior Citizens Service
Assessor Robert briefly outlined the Tax Assessor budget, which was level-funded for the most part with the noted exception of an increase in Software Maintenance attributed to software cost increases and miscellaneous supplies. For Revaluation, the Assessor estimated that $50,000 per year (requesting $5000 less than last year) should suffice for paying for revaluations and any outside appraisals.
Tax Collector McGowan, also level-funded for the most part, explained the $1000 decrease in Collection Services as a result of covid related collections slowing down. She did, however, anticipate an increase in collections towards the end of the fiscal year. The Tax Sale line item was level-funded at $2000.
It was noted the Senior Center item would be presented at the upcoming meeting on March 5, 2022.
F. Town Clerk – Discussion and possible vote to award contract to Election Data Services for
Reprecincting Consultant Services
Clerk Chabot explained her recommendation to award Election Data Services for Reprecincting Consultant as they were the low bidder as well as also being the same company was used by the State. She added the funding for the project will come out of the Elections (Restricted) account.
Councilor Edwards motioned to award the contract to Election Data Services for Reprecincting Consultant Services. Seconded by Councilor Vieira, the motion passed unanimously.
G. Discussion on scheduling a Special Meeting regarding American Recovery funds, tentative date
March 21, 2022 at 7:00 PM
It was decided to schedule a special meeting on March 21, 2022 at 7:00 PM for Administrator Cotta to propose potential plans for American Recovery funds.
10. CLOSED EXECUTIVE SESSION
A. Council President/Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IAFF
Local 1703 negotiations
Councilor Perry motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) Collective Bargaining - Update on IAFF Local 1703 negotiations. Councilor Vieira seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 10:27 PM.
Council returned to open session at approximately 10:53 PM.
Councilor Perry motioned to seal the minutes of Executive Session. Councilor Vieira seconded the motion. The motion passed unanimously.
Council President deMedeiros reported that there was a general discussion on negotiations, and no votes were taken in Executive Session.
11. ADJOURNMENT
Councilor Perry motioned to adjourn the meeting. Councilor Vieira seconded the motion. The motion unanimously passed. The meeting adjourned at 10:54 PM.
A True Copy.
ATTEST________________________________
Joan B. Chabot, Town Clerk