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, March 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 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, 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 19, 2022 – Special Meeting

     2. February 26, 2022 – Special Meeting

     3. February 28, 2022 – Regular Session
     4. February 28, 2022 – Executive Session

 

B.  Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Economic Development Commission (3)
     2. Zoning Board of Review (3)
     3. Recreation and Beach Commission
     4. Historic Preservation Advisory Board
     5. Conservation Commission (1)
     6. Dog Park Advisory Committee (1)

 

C. Acknowledge Receipt of Reports
     1. Town Administrator – Departments’ Monthly Reports – February 2022
     2. Town Administrator – Police and Fire Department Overtime Reports – February 2022

 

D. Acknowledge Receipt of Correspondence
     1. Town of Barrington – Resolution to Enable Residential Solar to Better Contribute to Reach the RI
          Renewable Electricity Goals

     2. Town of Burrillville - Resolution in Opposition of HB 6638 and SB 2340 “An Act Relating to Towns
          and Cities - Zoning Ordinances”

     3. Town of Middletown – Resolution requesting Honorable Members of the House Committee on
          Finance and Legislatures support the ARPA Proposals in Article 1-Section 16 (Municipal Learning
          Centers)
     4. Lise Gescheidt – Requesting grant to Newport Mental Health
     5. Lisa Machado - Requesting funding to Newport Mental Health

 

E. Approval of Tax Assessor Abatements - $285.52

 

Councilor Cook removed C-1

Council Burk removed B-6

Council Vieira removed D-4 and D-5 

 

Councilor Burk motioned to approve Consent Agenda items except for B-6, C-1, D-4 and D-5. Seconded by Councilor Edwards, the motion passed unanimously.

 

Re: B-6, Councilor Burk questioned why the minutes mentioned a private P.O. Box. Administrator Cotta was to check with the Commission and advise to use town mailbox only. 

 

Councilor Burk motioned to approve Consent Agenda item B-6. Seconded by Councilor Janick, the motion passed unanimously.

 

Re: C-1, Councilor Cook queried why the AO report section continues to be omitted from the Department Monthly Report. Administrator Cotta explained the Planner had just returned from maternity leave. Council President deMedeiros agreed to include the AO heading in future reports. 

 

Councilor Edwards motioned to approve Consent Agenda item C-1. Seconded by Councilor Vieira, the motion passed unanimously.

 

Re: D-4 and D-5, Councilor Vieira asked that the two citizen letters be forwarded to the budget committee for consideration at their next meeting.

 

Councilor Vieira motioned to approve Consent Agenda items D-4 and D-5. Seconded by Councilor Edwards, the motion passed unanimously.

 

5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

               A. Comments received: None    

 

6. PUBLIC PRESENTATION

                1. Mario Carreno, Rhode Island Department of Education (RIDE) – Presentation regarding 5-year capital
                     process for education

 

Council President deMedeiros introduced Mr. Mario Carreno from RIDE, who was invited to clarify the Council’s role, authority and expectations concerning the 5-year capital process for education. Some Council members had expressed concern about reimbursement for the $2 million previously allocated to the School Department as well as recently presented Phase II proposal from the School Department for a high school locker room project, already designed by architectural firm RGB, of which the Council was unaware. 

 

Mr. Carreno began by emphasizing the importance of School Committee and Town communication and partnering for successful applications.  He explained that school construction projects, unlike other municipal projects, are eligible for state reimbursement. State approval and available funding were necessary for eligibility.

 

He furthered that the School Building Authority was offering as an “olive branch,” a pathway to add an additional project to the existing Stage II. The initial $1.8 million previously appropriated, would be completed in the summer of 2022. Any future work completed in 2023 would not be eligible for reimbursement without prior approval.

 

As an example, of the initial $1.8 million, Mr. Carreno projected a 45% ($810,000) housing aid reimbursement. Of that amount, if $500,000 was appropriated in conjunction with the housing aid, it could fund the $1.3 million project, which would be eligible for similar reimbursement. Essentially, there was no risk to merely add the project and also no obligation for Council to approve and move forward with the additional work in the following year. If, however, the work was completed without RIDE approval, no state reimbursement would be available.    

 

After significant discussion, and in light of the state law maintenance requirements, the Councilors agreed the option of leveraging non-taxpayer money to do more projects with reimbursement was advantageous to the Town, with relatively no downside. 

 

As a vote option was not included on the agenda, the consensus was to take a formal vote to add the $1.3 million at the next meeting on 3/21/2022.

 

Mr. Carreno further explained the long-term plan in relation to the 3% maintenance spending requirement. Tiverton would be required to spend approximately $1 million annually, yet be eligible for up to 45% reimbursement. He further explained the processes, timelines and the requirement to identify necessary projects via a school building committee that includes members of the town, school district and community. Mr. Carreno recommended at least 10 members evenly divided between municipal and school committee members, with a designated authorized signor. Despite that the School Department. had already formed a building committee, it was recommended to start from scratch with the new committee.  

 

School Committee Chair Larkin requested to ask a question, which Council President deMedeiros disallowed. 

 

Councilor Janick motioned to allow School Committee Chair Larkin to ask a question. As there was no second, the motion failed.

 

7. PUBLIC HEARINGS (ADVERTISED)

                A. Discussion and possible vote on proposed Ordinance regarding establishing a Town council policy for
                    applying for grants (continued from 2/28/2022)

 

Council President deMederios opened the public hearing. No comments from the public.

 

Solicitor Marcello explained the revised ordinance reflected changes Councilor Burk suggested at the prior meeting on 2/28/2022. Councilors Cook and Perry noted concern over receiving the draft only hours before the meeting.

 

Councilor Burk motioned to amend the ordinance with the proposed changes. Seconded by Councilor Cook motion passed 6-1, with Councilor Perry opposed.

 

Councilor Vieira motioned to accept the ordinance as amended. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Perry opposed.

 

8. APPOINTMENTS AND RESIGNATIONS – Discussion and Possible Vote of Each Requested Appointment

                A. Planning - (9) Member Board (3) Year Terms (3) Vacancies      

                    1. Chris Shriver, 113 Fir Avenue - Requests appointment, term ending 7/15/2024

                    2. Rosemary Eva, 4019 Main Road – Requests re-appointment, term ending 7/15/2023

                    3. Amanda Souza, 160 Leger Lane – Requests re-appointment, term ending 7/15/2024

 

Councilor Edwards motioned to combine item 8-B with 8-A. Seconded by Councilor Cook, the motion passed unanimously.

                B. Harbor Commission - (9) Member Board, (2) Year Terms, (3) Vacancies

                     1. Chris Shriver, 113 Fir Avenue - Requests appointment, term ending 7/15/2023

 

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

 

Councilor Perry motioned to appoint Rosemary Eva to the Planning Board, for the term 7/15/2021 thru 7/15/2024. Seconded by Councilor Cook, the motion passed 5-2, with Councilors Burk and deMedeiros opposed.

 

Councilor Burk motioned to appoint Chris Shriver to the Planning Board, for the vacant term ending 7/15/2024. Seconded by Councilor Edwards, the motion failed, 4-3, with Councilors Burk, deMedeiros and Edwards in favor, and Councilors Vieira, Janick, Perry and Cook opposed.  

 

Councilor Perry motioned to appoint Chris Shriver to the Planning Board, for the vacant term ending 7/15/2023. Seconded by Councilor Vieira, the motion passed unanimously. 

 

Council President deMedeiros left the meeting.

 

As Amanda Souza was not present, Councilor Vieira motioned to table her potential re-appointment to the next meeting. Seconded by Councilor Perry, the motion passed 5-1, with Councilor Burk opposed.

 

Councilor Perry motioned to waive policy and proceed to the aforementioned appointment. Seconded by Councilor Vieira, the motion passed unanimously.

 

Councilor Cook motioned to appoint Chris Shriver to the Harbor Commission, for the vacant term ending 7/15/2023. Seconded by Councilor Janick, the motion passed unanimously.

 

9. BOARD OF LICENSING – Discussion and Possible Vote of Each License Application

                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 (continued from 2/28/2022)

 

Councilor Perry motioned to approve the Special Event Permit for the Annual “Courtney Roderick Run for Recovery” 5K Run/Walk Event - July 23, 2022 (rain date July 24, 2022) from 7:30 a.m. to 10 a.m., starting at Grinnell’s beach and ending at the parking lot to the medical center across the street (pending approval of the owner) and subject to all legal requirements. Seconded by Councilor Cook, the motion passed unanimously.

 

10. GENERAL BUSINESS

                A. Councilor Edwards – Solar Ordinance Advisory Committee – Discussion and possible vote to extend
                   completion date

 

Councilor Cook motioned to extend the Solar Ordinance Advisory Committee completion date to June 13, 2022. Seconded by Councilor Vieira, the motion passed unanimously.

 

                B. DPW Director Rogers – Discussion and possible vote to approve budget transfers
                   1. $25,000 from Acct 5540-6451 Snow Removal to Acct 5540-6698 Sand, gravel, salt
                   2. $5,000 from Acct 5540-5101 DPW Maint Workers to Acct 5540-6910 Heat  
                   3. $300 from Acct 5540-5101 DPW Maint Workers to Acct 5540-6935 Telephone & TV 
                   4. $5,000 from Acct 5540-5101 DPW Maint Workers to Acct 5540-7325 Highway Signs
                   5. $500 from Acct 5540-5101 DPW Maint Workers to Acct 5530-6912 Electricity & Propane

                   6. $5,000 from Acct 5540-5101 DPW Maint Workers to Acct 5530-7611 Gas & Motor Oil

                   7. $12,610 from Acct 5540-5101 DPW Maint Workers to Acct 5500-6457 Rubbish/Rec Contr Service

                   8. $170 from Acct 5540-5101 DPW Maint Workers to Acct 5130-6240 Uniform

                   9. $700 from Acct 5540-5101 DPW Maint Workers to Acct 5130-7611 Gas & Motor Oil

 

Councilor Vieira motioned to approve Item 10-B, items 1-9. Seconded by Councilor Edwards, the motion passed unanimously.

 

                C. Town Administrator/DPW Director – Discussion and possible vote to extend Mega trash contract for
                    the period 12/1/2022 through 6/30/2023

 

DPW Director Rogers outlined several proposals that were requested from MEGA in light of the trash collection contract ending in November as well as the impending landfill closure. Discussion included extending MEGA’s existing contract, formal bid posting for trash collection, potential implementation of automated curbside pickup, recycle bin purchase vs. leasing, and other alternatives.

 

Administrator Cotta explained that more information should be gathered before taking a vote, but the Council needed to start thinking about the various options and what the community wishes to do. He would reach out to the Landfill/Recycling Committee for involvement. It was agreed to revisit the topic at the first meeting in June after further information was gathered. The following agenda item (10-D) regarding trash bag alternatives was to be included in the June meeting as well. 

 

D. Town Administrator – Discussion and possible vote to ask Recycling Committee to consider
                   alternatives to Tiverton trash bags after 11/30/2022

See notes under 10-C.

 

E. Town Administrator – Discussion and possible vote to advertise RFP for Mowing/Maintenance and
                    Cemetery Operations for Pocasset Hill Cemetery

 

Councilor Edwards motioned to authorize the Town Administrator to advertise RFP for Mowing/Maintenance and Cemetery Operations for Pocasset Hill Cemetery. Seconded by Councilor Perry, the motion passed unanimously.

               

                F. Town Administrator – Discussion and possible vote to authorize Town Administrator to proceed with
                    RI Infrastructure Bank in formulating a back-fill for shortage in landfill closure

 

The Administrator explained that to apply for any low interest or forgivable debt instruments, a formal Council authorization letter was necessary. 

 

Councilor Vieira motioned to authorize the Town Administrator to proceed with an application to the RI Infrastructure Bank in formulating a back-fill for shortage in landfill closure. Seconded by Councilor Edwards, the motion passed unanimously.

 

                G. Council President deMedeiros – Discussion and possible vote to authorize an allocation of the FY2022
                    Tiverton Power LLC donation account towards Recreation Commission special events

 

Council Vice President Burk explained that Council President deMedeiros proposed allocating $50,000.00 of the generous $100,000.00 contribution from Tiverton Power, LLC toward the Recreation Commission’s ideas for community events such as a parade, fireworks, concert on the beach, etc. She thought it a viable alternative for funding while giving high visibility to Tiverton Power, LLC in support of local community initiatives. Councilor Burk added it would also serve as a good opportunity for the Recreation Commission to work closely with the Harbor Commission, and bring in the business community via the Economic Development Commission.

 

Councilor Vieira suggested soliciting further corporate donations for the civic events in exchange for positive public relations.

 

Councilor Edwards motioned to allocate an amount, not to exceed $50,000.00, to the Recreation Commission
from the Tiverton Power, LLC donation for the purposes of operating summer events for parades, fireworks, other activities related to a celebration of Tiverton for FY2022.  Seconded by Councilor Perry, the motion passed unanimously.

 

                H. Councilor Cook – Discussion and possible vote on Resolution in Opposition of HB 6638 “An
                    Act Relating to Towns and Cities - Zoning Ordinances”

 

Councilor Cook, referencing a similar resolution from the Town of Burrillville (SB 2340), suggested a combination with HB 6638, if the Council was so inclined. She expressed concern about losing control over zoning if the Town exceeded the 20,000-population threshold. Solicitor Marcello noted that the HB 6638 committee postponed a hearing at the request of the sponsor, and doubted that the bill had any “legs.” Nonetheless, Councilor Cook felt it important to express opposition. Councilor Janick agreed, noting it could have a future impact if resurrected. After further discussion, it was agreed to have the Solicitor prepare a draft resolution for consideration at the next meeting. 

 

                I. Councilors Perry/deMedeiros – Discussion/scheduling of Employee Appreciation Day

 

Councilor Perry updated initial ideas were to schedule something in July, perhaps in conjunction with the parade, and include the School Department. 

 

                J. Councilor Edwards – Discussion and possible vote regarding amendments to Ordinance
                    Section 2-107 Casino Gaming Revenue and setting date for future public hearing (continued from
                   2/28/2022)

 

Councilor Edwards asked to table the matter until the March 28, 2022 meeting. Potential dates of May 2 or May 9 were proposed for the related public hearing.

 

11. 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 11:00 p.m.

 

Council returned to open session at approximately 11:18 p.m.

 

 

Councilor Perry motioned to seal the minutes of Executive Session. Councilor Vieira seconded the motion. The motion passed unanimously.

 

Council Vice President Burk reported that there was a general discussion on negotiations, and no votes were taken in Executive Session.

 

12. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Vieira seconded the motion. The motion unanimously passed. The meeting adjourned at 11:20 pm.

 

 

A True Copy.

 

ATTEST________________________________

                 Jeannie Veegh, Deputy Town Clerk