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, August 28, 2023, at 6:00 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

President Denise M. deMedeiros	Vice President Michael S. Burk	Deborah G. Janick
John G. Edwards V	Jay P. Edwards	Dennis J. Milbourne

 

Absent                
Joseph C. Perry

Solicitor Marcello, Administrator Cotta, Clerk Chabot, and Deputy Clerk Veegh were also present.

 

4. EXECUTIVE SESSION

A. RIGL 42-46-5(a)(3) Joint Council meeting with Tiverton School Committee regarding School Safety

    Report

 

Councilor Edwards V motioned to enter Executive Session for agenda item 4-A. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 6:10 p.m.

Council returned to open session at approximately 7:05 p.m.

 

Councilor Edwards V motioned to seal the minutes from Executive Session. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Burk motioned to move Item 9-D forward.  Seconded by Councilor Edwards, the motion passed unanimously.

 

D. Police Chief Jones – Presentation of $6,000 check for Legislative Grant By Representative Edwards

     and Senator Felag to support Police Department public safety drone program

 

Police Chief Jones introduced Sergeant Jason Kobelecki and Sergeant Ryan Huber, leaders of the public safety drone program. Sergeant Huber told of a precipitating domestic incident in 2022, potentially involving firearms, which became the catalyst for his idea of the drone program.

    

Representative Edwards presented the grant check for $6,000.00 To Police Chief Jones for the worthy program.

 

Senator Felag then presented a $3,000.00 grant for the recreation department. Recreation Chair Stu Gilfillen expressed gratitude for the assistance. He explained the funds would be used towards beach wheel chairs for Grinnell’s and Fogland Beaches to improve accessibility in the 2024 season.   

 

Councilor Edwards V motioned to move Item 9-E forward.  Seconded by Councilor Edwards, the motion passed unanimously.

 

E. Police Chief Jones – Presentation of Comfort Dog for the Police Department

 

Police Chief Jones introduced Officer Shaun Wilson who had recently sold him on the idea of the benefits of bringing a comfort dog program to the department. Joining Officer Wilson was school resource officer Keith Medeiros of the Bristol Police Department, who brought along Brody, a chocolate lab who was said to be a beloved and calming presence within the Bristol community and its schools.

Blue, an English Labrador retriever, will report for duty as a comfort dog the first week of September when he turns eight weeks old. Officer Wilson will be the dog’s primary handler and trainer and intends to bring Blue to Tiverton’s schools as often as possible. Chief Jones notes all associated costs were already handled via donations and other sources.

BUSINESS BROUGHT BEFORE THE COUNCIL

President Denise M. deMedeiros read the items on the Consent Agenda.

 

5. 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
     1. August 15 – Regular Meeting (Councilors deMedeiros, Burk and Perry abstain, absent)
     2. August 15 – Executive Session (Councilors deMedeiros, Burk and Perry abstain, absent)

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Dog Park Advisory Committee (1)
     2. Board of Canvassers (2)
     3. North Tiverton/Industrial Park Revitalization Committee (2)

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – July 2023 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence

     1. HUD Letter of Notification for Tiverton Housing Authority regarding Public Housing Assessment

          a. Administrator Cotta Letter to Housing Executive Director Cameron Brutzman

          b. Response from Housing Executive Director Cameron Brutzman

     2. Notice of Claim from Thomas Chace and Highland Ridge Farm, LLC

 

Councilor Edwards motioned to approve Consent Agenda items. Seconded by Councilor Edwards V, the motion passed unanimously.

 

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

                Comments: None.

 

7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

A. Zoning Board of Review - (7) Member Board (5) Year Terms (2) Vacancies - Alternates

    1. Edwin Karl Schober, Jr, 124 Long Pasture Way - Request re-appointment, term ending 7/15/2024

 

Mr. Schober was absent. Item was tabled to the next meeting.

 

                B. Budget Committee - (7) Member Board (1) Vacancy        

                     1. Abigail Despres, 417 Judson Street - Requests appointment, term ending 11/2/2026

                     2. John Malzone, 458 W Demello Dr - Requests appointment, term ending 11/2/2026

 

Ms. Despres was interviewed by the Council. Mr. Malzone was not available for this meeting. As there was only one vacancy, the Council will hold the appointment until the next meeting after Mr. Malzone’s interview.

 

8. BOARD OF LICENSING – Discussion and possible votes

                A. Jim Long/Longplex LLC, 300 Industrial Way - Request approval of special event permit for Indoor Car

                    Show on October 8, 2023, from 10:00 am to 3:00 pm, subject to meeting all legal requirements (cont.

                   from 8/15/23)

 

Tabled from the previous meeting, Mr. Long and his attorney, Daniel P. Reilly, Esq. were present to answer questions. Councilor Edwards V, opened the discussion noting he felt the permit should have been granted previously, subject to all legal requirements. Council President deMedeiros asked Solicitor Marcello for a legal opinion. Mr. Marcello noted that the related superior court hearing on what constitutes indoor recreation had not yet been scheduled. He also mentioned the last time the car show was approved and held at Longplex, it was for a non-profit requester. The Solicitor recommended if the council approved the permit, it contains a without prejudice clause to protect the town’s future rights. Attorney Reilly assured the council they have been working to connect with both police and fire to ensure all requirements were met. Mr. Long confirmed that no other events will be held during that day and the mezzanine and gym will be closed.

 

Council Vice President Burk motioned to approve the special event permit for the Indoor Car Show on October 8, 2023, from 10:00 am to 3:00 pm, subject to meeting all legal requirements and without prejudice of waving the town's assertions under the current case. Seconded by Councilor Edwards V, the motion passed unanimously.

 

9. GENERAL BUSINESS

A. Michael DeCotis – Discussion and possible vote regarding approval for Youth Softball Tournament on

     October 7, 2023, through October 9, 2023, at Town Farm, South Field, Pocasset Field, and

     Bulgarmarsh Field

 

Mr. DeCotis confirmed that Tiverton Little League was requesting the use of the fields for the event. Monies raised would benefit Tiverton students, as it has in the past. Recreation Chair Gilfillen noted that Recreation had voted to approve the use, pending approval of the Council, as was no impact on other Tiverton field users.

 

As there would be an overlap on that Sunday with the Farmer’s Market, coordination with Meredith Brower, and a parking plan was suggested.

 

Councilor Edwards V motioned to approve the use of the field as described by Mr. DeCotis and supported by Recreation. Seconded by Councilor Edwards, the motion passed unanimously.

 

B. DPW Director Rogers - Discussion and possible vote to award contract for repair of Gazebo on Middle

     Ave.

 

Councilor Edwards V motioned to approve awarding the bid as recommended by the DPW Director. Seconded by Councilor Edwards, the motion passed unanimously.

 

C. DPW Director Rogers – Discussion and possible vote to approve funding to advertise for bids for the

    construction of the permanent Recycle Center

 

Councilor Burk motioned to approve funding to advertise for bids for the construction of the permanent Recycle Center. Seconded by Councilor Edwards V, the motion passed unanimously.

 

F. Police Chief Jones – Discussion and possible vote to authorize the Town Administrator and the Chief

    of Police to create a proposal for the Police Department Dispatch Center to be funded through
                   Congressional Earmark

 

Councilor Edwards V motioned to authorize the Town Administrator and the Chief to create an RFP for the Police Department Dispatch Center to be funded through a Congressional earmark. Seconded by Councilor Janick, the motion passed unanimously.

 

G. Police Chief Jones – Discussion and possible vote to approve Budget transfer requests for Fiscal Year

     2022- 2023

                a. $32341.32 from Acct 3330-5102  Staff Salaries to Acct 3330-5104 Overtime

b. $709.23 from Acct 3330-5102  Staff Salaries to Acct 3330-5150 Sick Leave Buy Back

c. $4377.7 from Acct 3330-5115  Education Incentive to Acct 3330-5168 Clothing Allowance

d. $240 from Acct 3330-6167 Uniform Equip. Replacement to Acct 3330-6626 Animal Ctrl Exp

e. $2170.45 from Acct 3330-5115  Education Incentive to Acct 3330-6648 Tires, Parts & Maint.

f. $2878.43 from Acct 3330-5115  Education Incentive to Acct 3330-6667 Operations

g. $508.26 from Acct 3330-6672  Copier Lease to Acct 3330-6735 Software

h. $161.57 from Acct 3330-6672  Copier Lease to Acct 3330-6748 State Qualifications

i. $2994.76 from Acct 3330-6912  Electric to Acct 3330-6910 Heat

j. $681.25 from Acct 3330-6167  Education Incentive to Acct 3330-6928 Education/Seminars

k. $1451.55 from Acct 3330-6912  Electric to Acct 3330-6935 Telephone

l. $1275.71 from Acct 3330-6930  Radio Communications to Acct 3330-6969 Medical Supplies

m. $3994.56 from Acct 3330-5105  Shift Differential to Acct 3330-7590 IT/Computer Services

n. $3385.52 from Acct 3330-6912  Electric to Acct 3330-7611 Fuel

o. $4438.82 from Acct 3330-5108  Longevity to Acct 3330-7840 Station Maintenance

 

Councilor Edwards V motioned to approve the Budget transfer requests for Fiscal Year 2022- 2023. Seconded by Councilor Janick, the motion passed unanimously.

 

H. Police Chief Jones – Discussion and possible vote regarding a new parking ordinance for the town

     beaches

Chief Jones explained that no ordinance was yet ready, though he would be working with Recreation to develop an ordinance to present at a future meeting.

 

I. Administrator Cotta – Discussion and possible vote regarding School Memorandum of Understanding
                  for School Resource Officer

 

Administrator Cotta explained there was an agreement with the school administration with body cameras and access to the cameras. A final review by the labor council would happen before sending it back to the School Board for approval.

 

J. Council President deMedeiros – Update on Teamsters Local Union #251 Contract

Council President deMedeiros read a prepared statement in response to comments made in the press and on social media concerning contract negotiations between the Town and DPW employees. The summary of the statement included that the Town has offered generous proposals that have been rejected by the Union. She stated that despite the disagreement, the Town has been and will continue negotiating in good faith.

 

K. Council President deMedeiros – Scheduling of meeting regarding Casino Gaming and ARPA monies

The meeting was scheduled for Tuesday, September 5, 2023, at 7:00 PM in the Tiverton High School Library.

 

L. Administrator Cotta - Discussion and possible vote to authorize current contract change and

     retroactive salary adjustment of 2.5% from 7/22/2023 for Executive Assistant Mary Lou Sullivan

 

M. Town Administrator – Discussion and possible vote to authorize current contract change and

     retroactive salary adjustment of 2.5% from 7/1/2023 for Tax Collector Toni Lyn McGowan

 

Both items L. and M. were tabled until after executive session.

 

10. EXECUTIVE SESSION

A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for

     Executive Assistant Mary Lou Sullivan – Notice given

 

B. Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Tax

     Collector Toni Lyn McGowan – Notice given

 

C. Councilor deMedeiros – RIGL 42-46-5(a)(1) – Personnel - Job Performance for Town Administrator

     Christopher Cotta – Notice given

 

D. Town Solicitor – RIGL 42-46-5(a)(2) Litigation:  Highland Ridge Farm, LLC v. Town of Tiverton, et al.

     (NC 2023-0260) update

 

Councilor Edwards V motioned to enter Executive Session for agenda items 10-A through 10-E. Councilor Burk seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 8:13 p.m.

Council returned to open session at approximately 8:36 p.m.

 

Councilor Edwards V motioned to seal the minutes of the Executive Sessions. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported no votes were taken in Executive Session, discussion only.

 

9-L. Administrator Cotta - Discussion and possible vote to authorize current contract change and

      retroactive salary adjustment of 2.5% from 7/22/2023 for Executive Assistant Mary Lou Sullivan

 

Councilor Edwards V motioned to authorize current contract change and retroactive salary adjustment of 2.5% from 7/22/2023 for Executive Assistant Mary Lou Sullivan. Councilor Edwards seconded the motion. The motion unanimously passed.

 

9-M. Town Administrator – Discussion and possible vote to authorize current contract change and

      retroactive salary adjustment of 2.5% from 7/1/2023 for Tax Collector Toni Lyn McGowan

 

Councilor Edwards motioned to authorize current contract change and retroactive salary adjustment of 2.5% from 7/1/2023 for Tax Collector Toni Lyn McGowan. Councilor Janick seconded the motion. The motion unanimously passed.

 

11. ADJOURNMENT

Councilor Edwards V motioned to adjourn the meeting. Councilor Burk seconded the motion. The motion unanimously passed. The meeting adjourned at 8:37 p.m.

 

A True Copy.

 

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk