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 24, 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 Perry
Councilor Cook	Council Edwards	Councilor Vieira
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. January 10, 2022 – Regular Session (Councilor Perry and Councilor Janick abstain, absent)
     2. January 10, 2022 – Executive Session (Councilor Perry and Councilor Janick abstain, absent)

     3. January 4, 2022 – Joint Budget Workshop (Councilor Perry and Councilor Burk abstain, absent)

 

B.  Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Recreation Commission (1)
     2. Open Space and Land Preservation (1)

C. Acknowledge Receipt of Reports
     1. Treasurer Saurette – December 2021 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence
     1. Town of Middletown – Town Council Resolution Prioritizing Quality Education for Middletown

         Students, Families and Residents

 

E. Approval of Tax Assessor Abatements - $950.54

 

Councilor Janick removed 4-D. 

 

Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-D. Seconded by Councilor Perry, the motion passed unanimously.

 

Re: 4-D, Commending Middletown on town and school working together to prioritize quality education, Councilor Janick noted her support for implementation of a similar resolution.  

 

Councilor Janick motioned to approve 4-D. 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. PUBLIC PRESENTATION

                1. Mary Sahady, Hague, Sahady & Co. P.C. – Presentation of Audit Report 6/30/2021

 

Josianne Araujo with Hague, Sahady & Co., gave the Annual Financial Report presentation that consisted of a review of the Town’s 2021 Audit Results and a review of the Town’s 2021 Uniform Guidance Report.

 

She prefaced her presentation noting that in the Independent Auditor’s Report, Tiverton received an “unmodified report” meaning no findings, as well as no management letter comment issued this year. She noted the Town’s total net position increased by 2.2 million from the amount reported in FY2020.

 

As of June 30, 2021, total OPEB liability increased by $312 000 from $26.2 million to $26.5 million. Net pension liability decreased by $2.9 million from $34.2 million to $31.3 million, largely a result of the changes of benefit terms and assumptions.

 

Town revenues increased by 19.51%. The largest source of revenues were property taxes of $39.1 million, state aid to town of $2.9 million and capital grants/contributions of $3 million. Property taxes increased by $8.1 million. State aid increased by $2 million and capital grants/contributions increased by $2 million. Expenses decreased by 1.42%. The largest town expense was for school at $38.1 million, general government at $8.4 million, public safety at $7 million, and public works at $4.6 million.

 

Governmental funds reported a combined ending fund balance of $21.6 million. The unassigned fund balance represents an amount equal to $3.2 million. The unassigned fund balance can be used at the town discretion. The landfill closure ended with a fund balance of $9.6 million. The school unrestricted ended with a fund balance of $1 million, which is committed to education purpose.

 

7. BOARD OF LICENSING

                A. Amicable Church, 3736 Main Road – Requesting Special Event Permit for annual Amicable Farmcoast

                    5k Run/Walk on Saturday, April 2, 2022 @ 9:00 – 11 a.m. (Neck Road & Seapowet Ave)

 

Councilor Perry motioned to approve the aforementioned special event permit. Seconded by Councilor Vieira, the motion passed unanimously.

 

8. APPOINTMENTS AND RESIGNATIONS

                A. Solar Ordinance Advisory Committee - (4) Public Members - (4) Vacancies

                     1. David L. Cardin, 4100 Main Road - Requests appointment

                     2. Patricia Hilton, 99 Peaceful Way - Requests appointment

                     3. EDC Representative: Renee Jones, 161 Highland Rd, as recommended by the EDC Committee

Councilor Edwards motioned to waive policy and proceed to the aforementioned appointments. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Perry motioned to appoint David L. Cardin, Patricia Hilton, and Renee Jones to the Solar Ordinance Advisory Committee. Seconded by Councilor Janick, the motion passed unanimously.

                B. Town Farm Renovation Committee - (9) Member Board - (2) Vacancies

                     1.  Ryan C. Petri, 43 Kaufman Road - Requests appointment to expire 6/30/2023

 

As Mr. Petri was not available for interview, item was tabled until next meeting.

 

Councilor Cook motioned to table item until next meeting. Seconded by Councilor Perry, the motion passed unanimously.

 

                C. Cemetery Commission - (5) Member Board - (1) Vacancy

                     1.  Marc Desrosiers, 589 Hancock Street - Requests appointment to expire 4/15/2024

 

As Mr. Desrosiers was not available for interview, item was tabled until next meeting.

 

Councilor Perry motioned to table item until next meeting. Seconded by Councilor Vieira, the motion passed unanimously.

 

                D. Open Space and Land Preservation Commission - (9) Member Board - (1) Vacancy

                     1.  Cory (Caroline) P. Alexandre, 299 Nanaquaket Road - Requests appointment to expire 4/15/2024

 

As Ms. Alexandre was not available for interview, item was tabled until next meeting.

 

Councilor Perry motioned to table item until next meeting. Seconded by Councilor Janick, the motion passed unanimously.

 

9. GENERAL BUSINESS

                A. Brian Janes, Open Space Commission – Discussion and possible vote on authorization to apply for

                    grant from RI Infrastructure Bank, not to exceed $250K to implement plans for Fogland

 

Open Space Chair Janes explained they had been working with an engineering firm since 2020 to develop plans to improve the overall resiliency of the Fogland area. The initial focus began on storm water management and dune enhancement but expanded to include marsh restoration work, additional drainage, and replacement of the ticket booth. The Municipal Resilience Program (MRP) was completed in late 2021, which entitled Tiverton to apply for the RIIB “Action Grant” program.

 

He indicated total project cost to be $269,045, of which a 25% local match ($67,261) is required. Approximately $40,000 in work that would be completed by the DPW and volunteers. The grant limits in-kind contributions to half of the required local match of $33,631. Tiverton would need to commit to the remaining $33,631 in cash contributions. It was anticipated that Save the Bay would receive a $14,000 grant from CRMC toward salt marsh restoration efforts and a $6000 contribution from the Recreation Commission for a new ticket booth was likely. This would lower the required cash outlay to approximately $13,631.

 

Councilor Perry motioned to authorize grant application with a 25% match inclusive of in-kind and cash contributions and approve no more than $33,631 in cash contributions to be taken from The American Recoveries Fund. Seconded by Councilor Edwards, the motion passed unanimously.

 

                B. Brian Janes, Open Space Commission – Discussion and possible vote on status and disposition of

                     “Monast Island”, including authorizing Solicitor to take all necessary actions to foreclose on the tax

                     title and transfer land to State of Rhode Island

 

Open Space Chair Janes noted he was contacted by RIDEM regarding the 5.24 acre island property, offering Tiverton $5000 to cover costs to conduct a foreclosure process in exchange for the tax title.  The Department of Fish and Wildlife was interested in providing protection to the islands and in supporting the Common Tern population. Open Space had discussed this matter at their meeting on 1/12/22 and voted unanimously to recommend Council authorize proceeding with foreclosure and subsequent transfer of title.

 

Councilor Cook motioned to authorize the Solicitor to take all necessary actions to foreclose on the tax title and transfer land to State of Rhode Island. Seconded by Councilor Perry, the motion passed unanimously.

 

Solicitor Marcello will review Charter Section 204 Transfer of Town Land to ensure compliance.

 

                C. Councilor Edwards – Discussion and possible vote on Resolution requesting amendments related to

                    CRMC Aquaculture Application Notifications

 

Councilor Edwards motioned to accept the Resolution and to have the Town Clerk submit it to the State Legislature as well as coastal cities and towns. Seconded by Councilor Vieira, the motion passed unanimously.

 

Councilor deMedeiros motioned to move agenda item 9-J ahead of item 9-D. Seconded by Councilor Edwards, the motion passed unanimously.

 

                J. Councilor deMedeiros – Discussion and possible vote for approval of bids for School Dept. capital

                     funding allocation and to reallocate as necessary, subject to meeting all bid requirements

Project	Allocated Amount	Final Cost
Siding Ranger School	$7,500	$9,975.00
Dishwasher THS	$55,000	$58,769.45
Streamer TMS	$60,000	$44,116.00
Lawn Mowers (3)	$24,000	$23,919.94
Intercom THS	$25,000	$26,297.00
Total	$171,500	$163,077.39

 

School Committee Chair Larkin and Administration & Finance Director Amy Roderick briefed Council on the aforementioned completed projects, requesting funding allocation changes to reflect actual costs.    

 

Councilor Edwards motioned to approve $9,975 bid for Siding Ranger School to Ahlborg Construction. Seconded by Councilor Burk, the motion passed 5-1-1, with Councilor Vieira abstaining and Councilor Cook opposed.

 

Councilor Perry motioned to approve $58,769.45 bid for Dishwasher THS to Kittredge Equipment, $44,116.00 bid for Streamer TMS to Kittredge Equipment, $23,919.94 for three (3) Lawn Mowers to Coastal Equipment, and $26,297.00 for Intercom THS to Shanix Technology. Seconded by Councilor Janick, the motion passed 5-1-1, with Councilor Vieira abstaining and Councilor Cook opposed.

 

D. Councilor Burk – Discussion and possible vote on Resolution for Change to RIGL 16-7-40 (c) and (d)

 

Councilor Burk explained the proposed changes under RIGL 16-7-40 (c) and (d) would extend the commencement deadline of construction projects by one year to December 30, 2023.

 

Councilor Burk motioned to approve the resolution changing RIGL 16-7-40 (c) and (d) related to school housing ratio aid and that we send a joint transmission letter to our State Delegation and the Governor with the Council President and Town Administrator as well as the School Committee Chair and Superintendent. Seconded by Councilor Burk, the motion passed unanimously.

               

                E. Councilor Burk – Discussion and possible vote on Resolution requesting to Governor Daniel McKee

                     and the General Assembly to increase the number of basic police training academy

Councilor Burk explained the proposed Resolution asks that the Governor and the Colonel of Public Safety expand that number of classes to accommodate for the needs of the cities and towns.

 

Councilor Cook motioned to approve the Resolution requesting Governor Daniel McKee and the General Assembly to increase the number of basic police training academy. Seconded by Councilor Perry, the motion passed unanimously.

 

Councilor Vieira motioned to move agenda items 9-G and 9-H ahead of item 9-F. Seconded by Councilor Edwards, the motion passed unanimously.

 

                G. Town Administrator – Discussion and possible vote on US Department of Justice $250,000 Police

     Officer COPS grant

 

At the January 10, 2022 meeting, the item was tabled to allow Labor Attorney Tim Cavazza to weigh in and answer questions. Council President deMedeiros voiced concern about how this would potentially affect the contract by adding two extra men for a four year period.

 

Attorney Cavazza explained bodies and funded positions are mandatory subjects of bargaining that can be negotiated, but the collective bargaining agreement doesn't prevent obtaining the grant nor does receiving the grant automatically change the collective bargaining agreement. He added that the grant covers base wage scale for entry-level patrol officers and benefits and minimum staffing has already been negotiated. He affirmed that post grant retention period, promotions would stay in place unless negotiated otherwise with the Union. Mr. Cavazza confirmed the two additional hires must be retained for one year past the three year grant period, and would need to be budgeted for. The decision to continue with the program and retain the additional officers would be at the discretion of the Council, although numbers could potentially be reduced via attrition or retirements. He added there were some administrative requirements related to affirmative action, drug-free workplace policies, etc. that would be handled to ensure compliance.

 

Discussion continued related to cost and means of funding v. the positive impact and value the program would render to the Town, especially in the midst of rising mental health issues. Councilor Edwards detailed a previously provided spreadsheet that estimated $544,088 as the Town’s obligation over the four years. The idea of bringing in only one new officer and accepting a reduced grant amount was posed. Administrator Cotta affirmed that the ability to use American Recovery funds for the balance was highly likely.

 

Councilor Perry motioned to approve the $250,000 grant and to authorize Administrator Cotta to sign on behalf of the Council. Seconded by Councilor Janick, the motion passed unanimously.

 

                H. Town Administrator – Discussion and possible vote to move forward with applying for Safer Grant

 

Administrator Cotta advised Safer Grant application is due February 4, 2022. Fire Chief Reimels confirmed grant opportunity is annual. Councilor deMedeiros acknowledged low staffing levels but stated an option would be to not hire new but continue to pay overtime. Administrator Cotta countered, stating lack of staff currently a big problem when covering sick or vacation time. He furthered overtime was “through the roof” and cautioned against firefighter burn out.

 

Labor Attorney Cavazza weighed in noting if you have to either pay overtime or hire four bodies to fill the extra hours as a result of the state legislation, it makes sense to get the Safer Grant to pay for some of it, assuming all requirements for the grant are met.

 

Council President deMedeiros was concerned nothing in writing to guarantee no town match would be required. Councilor Burk referenced the FEMA Notice of Funding Opportunity (NOFO), on page 7 that stated “There is no MOE or minimum budget requirement for the FY 2021 SAFER Program” and “There is no cost share or match or position cost limit for the FY 2021 SAFER Program. The award budget will not account for any voluntary committed cost sharing or overmatch. The use of an overmatch is not given additional consideration when scoring applicants” and “Because there is no minimum budget requirement, no cost share requirement, and no position cost limit, an economic hardship waiver process is not necessary. Therefore, no economic hardship waiver process applies to the FY 2021 SAFER Program.”

 

Councilor Cook commented did not receive backup. Councilor Burk suggested tabling the decision to the upcoming meeting on January 31, 2022 to allow time for documentation review.

 

Councilor Burk motioned to table action on the Safer Grant item until meeting on January 31st. Seconded by Councilor Edwards, the motion passed unanimously.

 

                F. Councilor Edwards – Discussion and possible vote on proposed Ordinance regarding establishing a

                    Town council policy for applying for grants

 

Councilor Edwards prefaced discussion noting that his intent was not to discourage grant application, however, continued occurrences of late notice creates discontent and confusion. He explained first step for grant seeker would be to consult with Town Administrator, who would review and decide if should be brought to Council. If Council agrees with a proposal, then grant seeker completes due diligence and prepares documentation. The Town Administrator, along with the Solicitor and Treasurer if necessary, will review prior to presenting to the Council. The requirement would be for any grant that requires any sort of town obligation.  

 

Councilor Burk, appreciating the necessity of a process, believed some language of the first draft may need changes. Councilor deMedeiros reminded that approval to advertise for public hearing could commence and ordinance and policy fine tuning could happen afterwards.   

 

Councilor Vieira motioned to advertise for the Ordinance related to applying for grants. Seconded by Councilor Perry, the motion passed unanimously.

 

                I. Tax Assessor Robert/Tax Collector McGowan – Discussion and possible vote to approve the Vision Tax

    Administration and Collection software upgrade from Vision Global Solutions 

 

Assessor Robert explained current tax administration and collection software has been utilized by the town since 2001. The programming language (FoxPro), originally developed back in 1994, was no longer being supported. He noted the new software developers work closely with the state to make sure it fits RI parameters.

 

On the assessor/tax administration side, the software keeps track of ownership of the property's mainland addresses, total assessments, personal exemptions, motor vehicle information, taxation and business tangible accounts. He added the software also calculates the tax rate in the levy, then exports a file to a printer to mail out tax bills, as well as the ability to processes and print out the tax roll.

 

Tax Collector McGowan explained that Vision had met with collectors to garner input during development. The many new capabilities could not be implemented into the old software. She added that currently 23 communities using the new software are giving positive feedback. There are 15 communities already signed up and waiting. If approved, potentially, conversation could take place in the fall. She added that as the company already has our data, conversion will be easier, requiring the system down for only two days.

 

It was confirmed the funding was already obligated from Casino monies. 

 

Councilor Burk motioned to approve the Vision Tax Administration and Collection software upgrade from Vision Global Solutions. Seconded by Councilor Perry, the motion passed 5-1-1, with Councilor Vieira abstaining and Councilor Cook opposed.

 

                I. Town Administrator – Discussion and possible votes regarding the Landfill Closure Project:

                      1. Award contract to J. H. Lynch & Sons Inc.

                      2. Extend Addendum to Pare Corporation to manage/monitor the project

                      3. Fund Contingency based on projected costs and current budgeted amount

 

Councilor Edwards motioned to Award contract to J. H. Lynch & Sons Inc. Seconded by Councilor Burk, the motion passed 6-1, with Councilor Perry opposed.  

 

Re: item 2, Administrator Cotta was requesting approval only to authorize Pare to put a proposal together

to amend their contract as an addendum to do the oversight of this landfill closure.

 

Councilor Perry motioned to proceed with obtaining proposal/addendum from Pare Corporation to manage/monitor the project. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Perry opposed. 

 

Re: item 3, Administrator Cotta explained the unlikelihood of the $11.4 million project progressing without change orders, therefore a process to allocate contingency funds was necessary. He suggested when Pare comes back with their addendum, it would be ideal to decide how much to set aside and how to manage that contingency.

 

                K. Councilor deMedeiros - Discussion regarding Ordinance Section 2-107 Casino Gaming Revenue for

                    2022 revenue in FY2023

 

Councilor Burk motioned to table item until next regular meeting. Seconded by Councilor Edwards, the motion passed unanimously.

 

10. CLOSED EXECUTIVE SESSION

                A. Town Solicitor – RIGL 42-46-5(a)(2) - General update on all pending litigation

Solicitor Marcello requested the item be discussed at the next meeting. 

 

11. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Seconded by Councilor Vieira, the motion passed unanimously. The meeting adjourned at 10:52 p.m.

 

 

A True Copy.

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk