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 Wednesday, September 28, 2022, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.

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 Edwards

Councilor Cook

Councilor Perry

 

Absent
Councilor Vieira

Town Administrator Cotta, Solicitor Marcello, Town 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

All items listed within the Consent Agenda are to be considered routine by Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed for separate consideration later on the agenda.

A. Approval of Town Council Minutes - None
   

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Litter Control Committee (1)

     2. Dog Park Advisory Committee (2)
     3. Personnel Board (5)

 

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – August 2022 Budget and Revenue Reports

    

D. Acknowledge Receipt of Correspondence

     1. Status request for 177/lowering speed limit & sidewalk request – referred to Police
                  Department

     2. Letter dated 9/14/2022 from Teamsters Local 251 Board of Trustees

     3. Lawsuit NC-2022-0252 Filed 9/9/2022 by Local 1703 of the IAFF

     4. Washington Trust – Tiverton Police Pension Plan Portfolio review dated 8/31/2022

     5. Compensation Planning - Actuarial review for the Tiverton Police Pension Plan as of
                   7/1/2022

 

E. Approval of Tax Assessor Abatements – $400.00

 

Councilor Cook removed D-3 and Councilor deMedeiros removed D-2 from the Consent Agenda.

Councilor Janick motioned to approve Consent Agenda items except for D-2 and D-3. Seconded by Councilor Perry, the motion passed unanimously.

Re: D-3, Councilor Cook asked for clarification on the Firefighters lawsuit. Administrator Cotta confirmed this was involving the same matter as an existing administrative matter between the Department of Labor and the Town, which was expected to be dismissed.

Councilor Perry motioned to approve Consent Agenda item D-3. Seconded by Councilor Janick, the motion passed unanimously.

Re: D-2, President deMedeiros read aloud the letter from the Teamsters Local 251 Board of Trustees. She explained that weekly negotiations had stalled due to the Teamsters withholding pertinent health insurance benefit information, necessary to compare the value of the plans.

Councilor Burk motioned to approve Consent Agenda items D-2. Seconded by Councilor Edwards, the motion passed unanimously.

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

                A. None

 

6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes

                A. Consideration of the petition to abandon Patrick Avenue and the portion of Harrington
                     Avenue located in Rhode Island (continued from 8/22/2022)

                      1. Planning Board Recommendation

 

Solicitor Marcello explained that several weeks of extensive research yielded information indicating the town had never officially accepted the roads in question, and thus did not own, nor possess jurisdiction to grant the request. The Solicitor furthered the roads instead were owned in common by abutting landowners. An extensive letter detailing the findings had been sent to the petitioner’s attorney that included an offer for a 30-day continuance.

 

Councilor Edwards motioned to continue the hearing for 30 days. Seconded by Councilor Janick, the motion passed unanimously.

7. BOARD OF LICENSING – Discussion and possible votes

                A. DeAndre Mooreland/Dizzy’s Hookah Lounge, 525 Main Road – Requests approval of Tobacco

                     Dealer license - subject to meeting all legal requirements (continued from 8/22/2022)

 

Building Official Hoyle explained an impromptu meeting with himself, owner and his contractor and the Fire Marshall happened at the site in an effort to relay general information on requirements, once he got to the point of permit application. No formal list was given as he was aware there might be zoning and/or licensing concerns. Council President deMedeiros stated a license would not be issued prior to the applicant having his location ready, adding there may be issues related to zoning, septic and parking. She said Mr. Moorland was given erroneous advice to come before the council for the license prior to having the numerous zoning issues satisfied. 

 

Resident Jamie French addressed the council with concerns about a potential Hookah lounge being allowed in the neighborhood citing concerns over air quality, street parking, closing times as well as the type of business conflicting with her interpretation of the Comprehensive Community Plan. Solicitor Marcello reminded that the license application is premature and with several building and zoning matters needing resolution first. Administrator Cotta suggested to Mr. Mooreland that he consult with the building officer to determine if the building is suitable for his plans.

 

8. GENERAL BUSINESS

                A. Renee Jones/Economic Development Commission – Update on upcoming events planned by
                     EDC

EDC members Renee Jones, Martin VanHof and Christine Francis, briefed council on a planned workshop scheduled for October 18, 2022 at the Tiverton Yacht Club, for local businesses to connect with state resources. Another event called Business Walk, sponsored by Connect Greater Newport, was set for October 25, 2022 where community leaders and government representatives meet face-to-face with local businesses for shared feedback and ideas in an effort to improve the business climate.

                B. Councilor Cook – Discussion and possible vote regarding the nationwide problem with
                     recruitment and retaining police/fire dispatchers

 

Police Chief Jones briefed Council on the police dept. staffing issues. Chief Jones noted the department was down five officers and three dispatchers with only two recruits in the academy, adding that the new hire process takes approximately 18 months. Of the three open dispatch positions, one new hire never showed up, one lasted three days and another left after two weeks.

 

Lt. Bryan Palagi, in charge of planning, training and recruitment, gave an overview of the progressive plan to find and retain qualified persons. Acknowledging it as a nationwide issue, especially in terms of public perception, the department has turned to a public relations firm to help assist with advertising and recruitment via social media campaigns and the production of a recruitment video. The recent creation of the Community Policing Division was expected to garner positive attention. A new department-funded Brazilian Jiu-Jitsu program, along with the current use of force training allows Tiverton to provide more training than any other department in the state. Applicants are responded to quickly and are offered ride-along opportunities for one-on-one time with patrol officers. With regard to dispatchers, he noted at least six had left in the last six to nine months for various reasons, including the physical work environment e.g. no windows/poor air quality/lack of retirement benefits, etc. Those applicants are also responded to quickly, and offered shadowing opportunities to ensure the right fit.  

 

Chief Jones remarked the critical problem of finding qualified public safety employees was a nationwide issue and unlike anything they had seen before. He added that non-competitive pay rates were an important factor that needs to be addressed sooner or later. He furthered that Tiverton has trained many officers that eventually move on to other towns that pay more.

 

Councilor Cook expressed concern about the cumbersome user experience for those interested in applying. She noted the absence of police or dispatcher employment opportunities on the town website, and mentioned finding “We are not hiring at this time” notation under an employment section on the police department website. Additionally, she stated she found no available positions on the actual police hiring app. Chief Jones affirmed he would look into the website situation.  Ms. Cook suggested possibly using banners and/or postcard campaigns.  

 

Councilor Janick suggested possible incentivized recruitment packages and/or bonuses.

 

                C. Tax Assessor Robert – Discussion and possible vote to advertise Request for Proposal for the
                     state mandated statistical revaluation to be effective 12/31/2023

Assessor Robert reminded the council that revaluations are required every three years. The last reevaluation was a full revaluation whereas this one, effective 12/31/2023, will be a statistical update. He confirmed funds were available in a restricted account and sixty percent of the cost is absorbed by the state. He furthered the RFP was reviewed by the Solicitor and that it conforms to the IAAO standards.

 

Councilor Cook motioned to advertise the Request for Proposal for the state-mandated statistical revaluation to be effective 12/31/2023. Seconded by Councilor Perry, the motion passed unanimously.

                D. Police Chief Jones – Discussion and possible vote to appoint Lt. Michael Barboza, Retired. to
                     position of Reserve Police Officer

 

Chief Jones noted that Lt. Barboza was not present, however, he had recently retired with 20 years of service to the Town as Detective Commander.  The Chief confirmed that Lt. Barboza had completed a medical screening as well as all department requirements to be a reserve police officer.

Councilor Perry motioned to appoint Lt. Michael Barboza, Retired, to the position of Reserve Police Officer. Seconded by Councilor Cook, the motion passed unanimously.

 

                E. Town Administrator – Discussion and possible vote to approve an extension of the current
                     Purchase and Sale Agreement between Northpoint Development and the Town of Tiverton to
                     1/11/2023

 

Administrator Cotta explained the extension was necessary to allow Northpoint to complete further due diligence in the review of all involved parcels.

 

Councilor Burk motioned to approve an extension of the current Purchase and Sale Agreement between Northpoint Development and the Town of Tiverton to 1/11/2023. Seconded by Councilor Edwards, the motion passed unanimously.

                F. Town Administrator/Fire Marshall Murphy – Discussion and possible vote to approve request
                     for a change in the fire alarm and sprinkler plan reviews from a flat fee of $100.00 to the
                     state-authorized scaled fee permitted under state fire code 23-28.2-26

Acting Fire Chief, Craig Committo explained the fee adjustment request was in an effort to adjust the cost relative to the time and effort spent on large commercial projects. 

Councilor Perry motioned to approve request for a change in the fire alarm and sprinkler plan reviews from a flat fee of $100.00 to the state-authorized scaled fee permitted under state fire code 23-28.2-26. Seconded by Councilor Cook.

Discussion continued around a question raised on state fire code language specific to the mention of “pursuant to municipal ordinance.” 

Solicitor Marcello explained we have a general ordinance that allows the collection of fees for residential, not commercial. The legislation enables the town to adopt an ordinance to set the fees. It was decided to table the item until the next meeting to allow the Administrator and Solicitor to work with Acting Fire Chief and Marshall to determine what was allowable and to draft the ordinance.

Councilor Perry withdrew his motion.

Councilor Perry motioned to table the item until the next meeting on 10/11/2022. Seconded by Councilor Cook, the motion passed unanimously.

                G. Town Administrator/Police Chief Jones – Discussion and possible vote to authorize the town
                      to formally engage with Cybercomm to modernize the public radio communication system as
                      quoted, using American Recovery Funds and the AFG grant awarded

Chief Jones gave a brief overview of the current public safety radio communications system, highlighting the importance of upgrading the 20+ year old system. He explained the equipment, manufactured by Motorola, was under the state MPA pricing and Cybercomm is the sole source state vendor. He relayed that the physical radios and mobiles that police and firefighters carry are coming to their end of life and would no longer be maintained by Motorola. He furthered that all systems would be upgraded to current state-of-the-art standards, to include a portable and mobile radio for every vehicle police and firefighter. Total cost of the new system was $1.45 million. ARPA funds could be utilized and a $339,000 grant had been secured as well as an additional $500,000 grant for renovations, in legislative process, was possible.

Councilor Burk motioned to authorize up to and not to exceed $1.3 million from the American Recovery Act funds for this purpose with the understanding that $1.106 million is for the costs outlined before us with the 20% potential cost overrun if needed for unanticipated expenses. Seconded by Councilor Edwards, the motion passed unanimously.

                H. Police Chief Jones – Discussion and possible vote to accept and approve a grant from the
                      USDA for $164,850.00 toward the purchase of vehicles for the Police Department and the
                      Department of Public Works

 

Councilor Edwards motioned to accept the USDA grant for $164,850.00. Seconded by Councilor Perry, the motion passed 5-1, with Councilor Cook abstaining.

                I. Police Chief Jones – Discussion and possible vote to accept and approve the Patrick Leahy
                   Bulletproof Vest Partnership grant for $14,188.99 to purchase new body armor for our Police
                   Officers

 

Councilor Burk motioned to accept and approve the Patrick Leahy Bulletproof Vest Partnership grant for $14,188.99. Seconded by Councilor Edwards, the motion passed unanimously.

9. EXECUTIVE SESSION

                A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation
                     for Senior Center Director Janet Holmes – Notice given

 

                B. Town Administrator – RIGL 42-46-5(a)(1) – Personnel – Operational Review of Municipal
                     Court operations – Notice given

 

                C. Town Solicitor – RIGL 42-46-5(a)(2) Litigation – Update on Case No. NC-2021-0201,
                     Northborough Realty Holdings, LLC v. Tiverton Zoning Board of Review Sitting as the Board of
                     Appeals

 

Councilor Burk motioned to enter Executive Session for agenda items 9A,9B, and 9C. Councilor Edwards seconded the motion. The motion passed unanimously by roll call vote.

 

Council entered closed executive session at approximately 9:30 p.m.

Council returned to open session at approximately 10:50 p.m.

 

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

 

Solicitor Marcello reported that for item 9A discussion only and for item 9B no action was taken. For item 9C, instructions were given but the disclosure of same at this point would be detrimental to the interests of the town and therefore they will not be disclosed at this time.

 

                8J. Town Administrator – Discussion and possible vote to authorize contract change and
                    retroactive salary adjustment for Senior Center Director Janet Holmes of 2% for 1/17/2021 to
                    1/16/2022 and current salary increase of 2.5% from 1/17/2022 thru 1/16/2023

 

Councilor Perry motioned to authorize contract change and retroactive salary adjustment for Senior Center Director Janet Holmes of 2% for 1/17/2021 to 1/16/2022 and a current salary increase of 2.5% from 1/17/2022 thru 1/16/2023. Councilor Janick seconded the motion. The motion passed unanimously by roll call vote.

 

10. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 10:57 p.m.

 

A True Copy.

 

ATTEST______________________________________

                         Joan B. Chabot, Town Clerk