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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, January 10, 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 Cook | Council Edwards | Councilor Vieira |
| | | |
Absent
Councilor Perry
Councilor Janick
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. December 13, 2021 – Regular Session (Councilor Perry abstains, absent)
2. December 13, 2021 – Executive Session (Councilor Perry abstains, absent)
3. November 29, 2021 – Special Session (Councilor deMedeiros abstains, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Recreation Commission (2)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – December 2021
2. Police and Fire Department Overtime Reports – December 2021
3. Treasurer Saurette – November 2021 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Town of Smithfield – School Committee Resolution – Change to RIGL 16-7-40 (c) and (d)
2. Town of Cumberland – School Committee Resolution – Change to RIGL 16-7-40 (c) and (d)
3. Discover Newport annual audit reports for years ended June 30, 2021 and 2020
4. Town of Lincoln – Town Council resolution – Request to Governor Daniel McKee and the General
Assembly to increase the number of basic police training academy
5. Letter to Council from Nancy Papagno regarding Short Term Rentals
E. Approval of Tax Assessor Abatements - $10,201.38
Councilor Cook removed D-5, requesting to discuss with the short term rental item 9-M
Councilor Cook motioned to move D-5 to short term rental item 9-M. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Burk removed A-3, C-1, D-1, D-2, D-4, E
Councilor Edwards motioned to approve Consent Agenda items with the exception of A-3, C-1, D-1, D-2, D-4, E. Seconded by Councilor Vieira, the motion passed unanimously.
Re: A-3, Councilor Burk asked for an amendment to page 3, within the comments from Ms. Kate Nota to include his comment on the importance of finding an effective mechanism to cover the full decommissioning costs.
Re: C-1, Councilor Burk queried if the Senior Center has modified anything around congregate meals in light of the latest covid cases. Administrator Cotta replied that diligent cleanings have been ongoing and there was no immediate plan to curtail services.
Re: D-I, D-2, Councilor Burk asked if Council would like to consider adopting support for the proposed change to resolution RIGL 16-7-40 (c) and (d). With no objections, Councilor Burk noted he would work with the
Solicitor on a draft.
Re: D-4, Councilor Burk asked if Council would like to consider adopting similar resolution requesting increased frequency of RIMPTA initial recruit training academy sessions. As Council voiced agreement, Councilor Burk would work with the Solicitor on a draft.
Re: E, For his edification, Councilor Burk asked Assessor Robert for clarification on two abatements.
Councilor Burk motioned to approve A-3, C-1, D-1, D-2, D-4, E. Seconded by Councilor Edwards, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. Comments received: None
Economic Development Commission (EDC) Chair Renee Jones read a letter detailing her concerns about the disposition of publicly held property (Tiverton Industrial Park) item to be discussed in executive session. She noted the EDC should be part of the process and lack of information prevented the board from carrying out its primary functions. She furthered that consideration should be given to allow outside experts to review the proposed plan.
Council President deMedeiros explained that preliminary discussions with Council only was common practice and assured Ms. Jones that Zoning, Planning and eventually the EDC would be involved in the process. Solicitor Marcello concurred stating that if it goes forward, at the appropriate time, there will be more public information and public input.
6. PUBLIC PRESENTATION
1. Mary Sahady, Hague, Sahady & Co. P.C. – Presentation of Audit Report 6/30/2021
The audit report presentation was to be tabled until the next meeting on January 24, 2022
Councilor Burk motioned to table Mary Sahady, Hague, Sahady & Co. P.C. – Presentation of Audit Report 6/30/2021until next meeting on January, 24, 2022. Seconded by Councilor Edwards, the motion passed unanimously.
7. BOARD OF LICENSING
A. S & M LLC, 1289 Stafford Road (Subway) – Approval of victualling license, subject to meeting all legal
requirements
Councilor Edwards motioned to approve the aforementioned victualling license. Seconded by Councilor Vieira, the motion passed unanimously.
8. APPOINTMENTS AND RESIGNATIONS
A. Acknowledgement of resignation:
1. Alfred Almeida, Jr. from Personnel Board and Cemetery Commission, effective December 29, 2021
2. Jen Oser from Town Farm Renovation Committee, effective September 20, 2021
Councilor Edwards motioned to accept the aforementioned resignations with regret and thanks for their service. Seconded by Councilor Vieira, the motion passed unanimously.
B. Budget Committee - (11) Member Board - (4) Year Terms - (3) Vacancies
(1 unexpired term to 11/7/2022 and 2 unexpired terms to 11/4/2024)
1. Toddnie A. Cherry, 8 Bridgeport Road Rear - Requests appointment
2. Erica Arruda, 1070 Crandall Road – Requests appointment
Councilor Burk motioned to waive policy and proceed to the aforementioned appointments. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Burk motioned to appoint Toddnie A. Cherry to the Budget Committee for a term to expire 11/4/2024 and Erica Arruda to the Budget Committee for a term to expire 11/7/2022. Seconded by Councilor Edwards, the motion passed unanimously.
C. Litter Committee - (5) Member Board - (4) Year Terms - (1) Vacancy
1. Jessica Cullinan, 21 S Lake Road - Requests appointment to expire 10/15/2025
Councilor Vieira motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Burk, the motion passed unanimously.
Councilor Edwards motioned to appoint Jessica Cullinan to the Litter Committee to expire 10/15/2025. Seconded by Councilor Vieira, the motion passed unanimously.
D. Personnel Board - (5) Member Board - (4) Year Terms - (1) Vacancies
1. Joanne Arruda, 20 Dion Avenue - Requests appointment to expire 10/15/2023 (unexpired term)
Councilor Burk motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Burk motioned to appoint Joanne Arruda to the Personnel Board to expire 10/15/2023. Seconded by Councilor Vieira, the motion passed unanimously.
E. Annual Tree Warden Appointment to expire January 31, 2023
1. Frankey Ramos, Manchester’s Tree & Landscaping, 13 Edmond Lane - Reappointment request
Councilor Edwards motioned to approve the re-appointment of Frankey Ramos as Tree Warden. Seconded by Councilor Burk, the motion passed unanimously.
9. GENERAL BUSINESS
A. DPW Director Rogers – Approval to award contract for Specified Recreational Facility and Turf
Management Services for calendar year 2022
Councilor Vieira motioned to award contract for Specified Recreational Facility and Turf Management Services to GS Lawn & Garden for calendar year 2022. Seconded by Councilor Cook, the motion passed unanimously.
B. DPW Director Rogers – Approval to award contract for DPW Surplus Equipment to Excel Recycling, LLC
Councilor Edwards motioned to award contract for DPW Surplus Equipment to Excel Recycling, LLC. Seconded by Councilor Vieira, the motion passed unanimously.
C. Police Chief Jones – Approval to award contract for Police Surplus Vehicles to Excel Recycling, LLC
Councilor Vieira motioned to award contract for Police Surplus Vehicles to Excel Recycling, LLC in the amount of $11,000.00. Seconded by Councilor Cook, the motion passed unanimously.
Councilor Burk motioned to move agenda item 9-E and 9-I ahead of item 9-D. Seconded by Councilor Vieira, the motion passed unanimously.
E. Town Administrator – Discussion and possible vote to award Pare Engineering the Landfill
Groundwater Monitoring Contract Extension
Administrator Cotta informed the extension of the general services contract for the DEM required groundwater monitoring has been done annually.
Pare Engineering representative Tim Thies and DPW Director Rogers briefed Council of unanticipated additional well monitoring and lab costs of approximately 10,000 to $15,000 (over the base annual amount of $43,000) due to new RIDEM requirements.
Councilor Vieira motioned to award Pare Engineering the Landfill Groundwater Monitoring Contract Extension. Seconded by Councilor Burk, the motion passed unanimously.
I. Town Administrator – Landfill Closure update
Administrator Cotta gave a general update as to the landfill closure bidding process. He detailed Pare Engineering’s ranking process which included technical and cost proposals for five vendor applicants. The top two firms were interviewed to verify eligibility. The administrator recommended J. H. Lynch who was the highest ranked vendor and also the low bidder at $11,402,750. He added that the amount did not include contingency fees for change orders or the cost for having an overseer of this project. Further discussion continued relative to subsequent funding options for the difference in the current budgeted cost. The contract award vote would be handled at the next meeting on January 24, 2022.
D. School District Business Manager Roderick – Discussion and possible vote to ratify contract for Casey’s
Oil & Propane for #2 Heating Oil
Administrator Cotta noted that a formal bidding process was requested after the school administration returned phone bid quotes that fell in the range of $2.76/gallon. Casey’s Oil was the only bidder to submit under the formal process with an amount of $2.42/gallon at a fixed daily price.
Councilor Edwards motioned to ratify contract for Casey’s Oil & Propane for #2 Heating Oil for $2.42/gallon. Seconded by Councilor Vieira, the motion passed unanimously.
F. Town Administrator – Rhode Island Ethics Commission training reminder
Administrator Cotta reminded that any elected or appointed official that makes decisions is required to follow the ethics rules and regulations and be appropriately trained. Though there were online options available, he was going to try to arrange for a group training session.
G. Town Administrator – Discussion and possible vote on US Department of Justice $250,000 police
Officer grant
Police Chief Jones briefed Council on the $250,000 FY 2021 COPS hiring grant program, which was recently approved by the AG’s office. He applied last summer for the competitive grant, not expecting approval. He furthered that grant funds, to be used for community policing initiatives. Two full time officers would be hired, one for community policing and the other for mental health matters. He added that the department received 2-3 mental health calls daily, with approximately 522 mental health calls in 2021. Newport Mental Health was poised to assist with training. He noted the grant would cover 75%, or up to $125,000 per year, per position, for three years. He acknowledged that the officers would need to be kept for an additional 12 months, however, promoting two current officers would eliminate IBPO staffing issues and the extra positions could potentially be eliminated through attrition.
Council President deMedeiros clarified that the budget would need to be increased for the new positions for the fourth year, but if not used, unspent funds would go back to the general fund. At the end of the four years, a decision would need to be made to abort the program or find new funds to continue.
If approved, Chief Jones expounded on plans to train the community policing lieutenant to be an SRO, where potentially the school department could cover the extra 25% match. Other initiatives included placing a community policing officer in Bourne Mill, community outreach and high school graduate recruitment programs.
Councilor Cook expressed concern about the $185,983 match cost and its effect on tax payers as well as conflicting information on length of term and other unknown factors. She preferred to speak with the labor attorney for clarification on several questions before making a decision. Councilor deMedeiros shared concern about the increase to the budget and potential hidden costs, stating that despite grant money, Council needs to decide if the project is worthy of the expense.
Councilor Edwards agreed that more information and a firm commitment date was needed. Councilor Burk emphasized that we need to look at the cost benefit analyses and also offered his opinion on careful community collaboration. Councilor Vieira shared Councilor Cook’s budgetary concerns, but believed the project was too important not to undertake.
Administrator Cotta noted alternative funding sources such as the American Recovery Act monies that could be used to offset the town cost.
Rebecca Elwell, director of the Newport County Prevention Coalition spoke to discuss the community perspective. She noted that Rhode Island adults have the highest rate of mental illness in the US and are more likely to report unmet behavioral health needs than adults in any other New England state, one in five Newport County adults suffers from untreated behavioral health disorders. She added that suicide in the US is the second leading cause of death among young adults and overdoses are at an epidemic proportion. She urged Council to look beyond the cost and approve the project that would give law enforcement the opportunity to make meaningful and transformative change and better serve the community.
Two concerned citizens shared first hand positive experiences with Tiverton Police Department, especially the well-known community building efforts of Sargent LeDuc and voiced support for the community outreach program. Two other citizens were prepared to speak, but in the interest of time, it was proposed to table discussion to next meeting and they were invited to return.
Councilor Edwards motioned to table further discussion on the topic until next meeting on January 24, 2022. Seconded by Councilor deMedeiros, the motion passed 3-2, with Councilors Burk and Vieira opposed.
H. Town Administrator – CARES Act funding update
Administrator Cotta explained in December 2020, the State had applied for CARES funding on behalf of all communities. The application for funds was predicated on budgeted public safety expenditures. The guidance for the CARES grant wasn't written until two months after application. The administrator affirmed they had tried to be a frugal as possible in order to maximize use of the funds, however, the Department of Revenue refused to approve FY2021 financial statements as a result of their interpretation of how the funds were to be accounted for on the Municipal Transparency Portal. Town auditors were consulted and agreed funds had been handled properly. Finally, a meeting between DOR, the auditors, the town Treasurer and the State Auditor General occurred, that concluded Tiverton was properly administering the use of the funds in accordance with federal guidance.
J. Solicitor Marcello – Janssen National Opioid Settlement update
Solicitor Marcello updated that although Tiverton was not formally part of the national litigation, the state would receive monies based on the number of cities and towns participating. As Council had previously approved the participation, he expected the town to receive approximately $100,000 to $120,000 that can only be used for addiction outreach programs. He clarified each municipality will receive money directly and another 80% of funds go to the state directly, to be distributed to cities and towns for prevention/outreach programs.
K. Councilor deMedeiros – Discussion regarding Councilor Cook resignation from union contracts
negotiation team
Council President deMedeiros expressed disappointment over Councilor Cook’s resignation, noting her valuable contributions. Councilor Edwards had agreed to step in to the position as replacement. Vice President Burk also commended Councilor Cook on being a valuable member of the negotiation team and thanked her for her service.
L. Mobile Food Establishment Ordinance – Discussion and possible vote to advertise draft ordinance for
public hearing February 14, 2022
Councilor Vieira motioned to advertise draft ordinance for the public hearing February 14, 2022. Seconded by Councilor Edwards, the motion passed unanimously.
M. Short Term Rental Ordinance – Discussion and possible vote to refer draft ordinance to Planning
Board
Discussion included varying opinions over the current version of the draft ordinance. The Solicitors position that operating a short-term rental (STR) in any zone, is in effect, operating a business in a residential zone and not permitted in the zoning code.
Vice President Burk had numerous questions and concerns. He objected to the lack of parking requirements. The Solicitor responded that blanket parking permits would be difficult, adding it should be related to occupancy and left up to the Zoning Board. Councilor Burk also noted concern about potential companies or individuals buying multiple properties for the purpose of short term rentals, as well as staff processing capabilities without staggered registration deadlines. His opinion was that the draft was not yet ready to go to the Planning Board.
Councilor Cook noted concern about property rights of citizens, trying to make extra money, who already pay property taxes. She read aloud a letter from resident and local Broker Carol Guimond, which pointed out redundancies of state legislation requiring STR registration and insurance safety/hazard requirements as well as considerations related to the benefits of STR for business communities who contribute to and complement the town. As well as asking for less regulation, she objected to the $100 registration fee amount and expressed concern about potential approval and inspection delays negatively impacting the rental owners.
Councilor Edwards likened short term rentals to motels with numerous regulations, and therefore should be treated as such. He added that he disagreed with the majority of Ms. Guimond’s letter.
As more discussion and potential fine tuning was needed, Council President deMedeiros suggested a workshop, which was scheduled for January 31, 2022 at 7pm.
N. Discussion and possible vote to approve Resolution Establishing the Tiverton Solar Ordinance
Advisory Committee and to advertise for general public members
Councilor Edwards motioned to approve Resolution Establishing the Tiverton Solar Ordinance Advisory Committee and to advertise for general public members. Seconded by Councilor Vieira, the motion passed unanimously.
O. Town Administrator - Discussion and possible vote on preliminary budget, due to Budget
Committee by January 15, 2022
Administrator Cotta noted as a rough draft only, it fulfills the requirement to have a preliminary budget to the Budget Committee by the deadline.
Councilor Edwards motioned to send the preliminary budget to the Budget Committee by January 15th. Seconded by Councilor Vieira, the motion passed unanimously.
10. CLOSED EXECUTIVE SESSION
A. Pursuant to 42-46-5(a)(5) discussion and consideration of disposition of publicly held property
(Tiverton Industrial Park) wherein advanced public information would be detrimental to the interest
of the public, letter of intent to purchase
Councilor Vieira motioned to enter executive session pursuant to RIGL 42-46-5(a)(5) discussion and consideration of disposition of publicly held property (Tiverton Industrial Park) wherein advanced public information would be detrimental to the interest of the public, letter of intent to purchase. Councilor Edwards seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 10:46 p.m.
Council returned to open session at approximately 11:01 p.m.
Councilor Burk motioned to seal the minutes of Executive Session. Councilor Vieira seconded the motion. The motion passed unanimously.
Solicitor Marcello reported that the Council discussed the potential sale of property, disclosure of any such votes taken in executive session at this point would be detrimental to the interests of the town and therefore they will not be disclosed other than the fact that they authorized the Town Administrator to execute a Letter of Intent with a potential buyer.
11. ADJOURNMENT
Councilor Vieira motioned to adjourn the meeting. Councilor Cook seconded the motion. The motion unanimously passed. The meeting adjourned at 11:03 p.m.
A True Copy.
ATTEST________________________________
Joan B. Chabot, Town Clerk