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, July 22, 2024, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road, Tiverton, RI.

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	John G. Edwards V
David J. Paull	Deborah G. Janick	Jay P. Edwards

 

Absent
Dennis J. Milbourne

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

 

4. FIRST EXECUTIVE SESSION - The Town Council may vote to go into executive session in accordance with the RI Open Meetings Act to discuss and or act upon the following items: 

                A. Town Administrator – RIGL 42-46-5(a)(2) Collective Bargaining – Discussion and possible vote on

                     IBPO #406 (Tiverton Police) labor negotiations

 

                B. Fire Fighters, IAFF Local 1703 RIGL 42-46-5(a)(2) Collective Bargaining – Discussion and possible vote

    on Memorandum of Understanding agreement related to wages with Tiverton Fire IAFF Local 1703

 

Councilor Burk motioned to enter Executive Session for agenda items 4A and 4B. Councilor Edwards seconded the motion, the motion passed unanimously.

 

The council entered a closed executive session at approximately 7:02 p.m.

 

5. RECONVENE in OPEN SESSION and Sealing of Executive Session Minutes

The Council returned to open session at approximately 7:14 p.m.

 

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

 

Council President deMedeiros advanced Item 7, without objection.

 

7. PUBLIC COMMENTS

Representative Jay Edwards and Senator Walter Felag presented the council with a $7,000.00 legislative grant for the fire department to purchase an inflatable fire safety public education house for community outreach during fire prevention week and civic events.

 

Councilor Burk motioned to move item 10- I-3 forward. Seconded by Councilor Edwards V, the motion passed unanimously.

 

I. Police Chief Jones - Discussion and possible vote on the following:

                     3. Recognition Daniel Raymond retirement

 

Several members of the Tiverton Police Department were present to congratulate Lieutenant Daniel Raymond on his retirement from the department after 24 years of service. Chief Jones noted that Lt. Raymond held the rank of patrol officer, corporal, sergeant, and his retired rank of lieutenant. He was responsible for enacting the First Citizens Police Academy in the town, receiving numerous citations and recognitions for his work. The Chief noted that Lt. Raymond would be returning as a reserve officer. Lt. Raymond was presented with a framed plaque of his distinguished record and badges held. The recognition ended with a standing ovation.

 

Councilor Burk motioned to move items 10C and 10D forward. Seconded by Councilor Edwards V, the motion passed unanimously.

 

C. Town Administrator – Discussion and possible vote to ratify the proposed IBPO Local # 406 (Tiverton
     Police) contract and fiscal impact statement

 

Administrator Cotta briefed the council on the tentative agreements recently made with the IBPO, during a lengthy but cordial negotiation process. He asked the council to approve the tentative agreements to move the department forward. He noted a final version would be forthcoming. Police Chief Jones introduced union negotiation member Lieutenant Ryan Huber, who reiterated the importance of the agreements that would hopefully resolve the departments’ current recruitment and retention challenges. Council President deMedeiros commented that the negotiation process had been smooth and respectful.

 

Councilor Burk motioned to ratify the tentative agreements for the IBPO Local 406 contract subject to final signatures by the Town Administrator and the IBPO union president after receiving full contract language. Seconded by Councilor Edwards V, the motion passed unanimously.

                D. Town Administrator – Discussion and possible vote to approve the tentative agreement and
     memorandum of understanding for year three of the current three year collective bargaining
     agreement contract ending on 6/30/25 to increase the non-probationary staff salary to $52,000
     annually and to provide an additional 10% increase above the current 2.75% increase already agreed
     upon to all other non-probationary positions effective 7/1/2024 for IAFF Local 1703 (Tiverton Fire)

 

Administrator Cotta explained that with the council's blessing, the existing contract was reopened, and a memo of agreement was created to provide another 10% in addition to the existing contract for year three and a starting salary increase to $52,000 as a good faith effort to move forward and address recruitment issues. He noted that the FY July 2025 through 2028 contract negotiations would begin tomorrow.

 

Councilor Burk motioned to approve the memorandum of agreement regarding the proposed salary-only increases to the IAFF Local 1703 for the period of July 1, 2024, through June 30, 2025. Seconded by Councilor Edwards V, the motion passed unanimously.

 

BUSINESS BROUGHT BEFORE THE COUNCIL

Council President deMedeiros read the items on the Consent Agenda.

 

6. 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. June 12, 2024 – Regular Meeting

     2. June 12, 2024 – Executive Session

 

A. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
   1. Historic Preservation Advisory Board – (1)
   2. Personnel Board – (3)

   3. Open Space and Land Preservation Commission – (2)

 

B. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – June 2024

     2. Town Administrator – Police and Fire Department Overtime Reports – June 2024
     3. Treasurer Saurette – June 2024 Budget and Revenue Reports

 

Council President deMedeiros noted that the June Budget and Revenue Reports were not available. 

 

Councilor Edwards V motioned to table 6-B-3 until the next meeting. Seconded by Councilor Burk, the motion passed unanimously.

 

Councilor Edwards pulled item 6-B-2 from the consent agenda.

 

Councilor Burk motioned to approve the Consent Agenda items except 6-B-2. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Council Edwards pointed out the mutual aid numbers supported that Tiverton gives about 30%-50% more than it receives, which he stated contradicts many comments on social media alleging otherwise.

 

Councilor Burk motioned to approve Consent Agenda item 6-B-2. Seconded by Councilor Edwards V, the motion passed unanimously.

 

 

8. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgment of resignation:
                   1. Bill Thompson from the Harbor Commission effective 7/9/24

                   2. John Chelo from the Board of Canvassers effective 7/12/24

 

Councilor Janick motioned to accept the resignations of Bill Thompson and John Chelo with thanks for their service. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                B. Harbor Commission - (9) Member Board (2) Year Terms (5) Vacancies, Terms ending 7/15/2024
                      1. Bruce H. Cox, 35 Sunset View Drive - Requests re-appointment

                      2. Clint Clements, 451 Seapowet Avenue - Requests re-appointment

                      3. Dr. Marco P. Dirks, 4240 Main Road - Requests re-appointment

 

As all three Harbor Commission members were unavailable, the item would be continued to the next meeting.

 

Councilor Edwards motioned to table item 8-B until the members are present. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                C. Budget Committee - (7) Member Board (4) Year Terms (1) Vacancy, Term ending 11/4/2024
                      1. LaTasha Moody, 162 Mill Street - Requests appointment

 

As Ms. Moody was unavailable, the item would be continued to the next meeting.

 

Councilor Burk motioned to table item 8-C until the candidate is present. Seconded by Councilor Edwards, the motion passed unanimously.

 

                D. Economic Development Comm. - (5) Member Board (4) Year Terms (1) Vacancy, Term ending 7/15/24

                    1. Renee D. Jones, 161 Highland Road - Requests re-appointment

 

Ms. Jones explained her desire for re-appointment and explained upcoming projects and ideas. She was commended for all of her previous hard work and efforts.  

 

Councilor Edwards V motioned to re-appoint Renee Jones to the Economic Development Commission for a term ending 7/15/2028. Seconded by Councilor Janick, the motion passed unanimously.

 

                E. Planning Board - (9) Member Board (3) Year Terms (3) Vacancies, Terms ending 7/15/24            
                    1. V.A. Lopes, 267 Deer Run Road - Requests re-appointment
                    2. Patricia Hilton, 99 Peaceful Way – Requests re-appointment

 

Ms. Lopes and Ms. Hilton were each interviewed by the council. Each were commended for their past service and efforts.

 

Councilor Edwards V motioned to re-appoint V.A. Lopes and Patricia Hilton to the Planning Board for terms ending 7/15/2027. Seconded by Councilor Janick, the motion passed unanimously.

 

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

                A. Coastal Rosters/Lisa Machado - Consideration of sound variance for Singing Out Against
                   Hunger, 1791 Main Road on Sunday, August 18, 2024, from 9:00 am to 1:00 pm and request
                     approval of a special event permit

President deMedeiros opened the public hearing. As no one presented to speak, the hearing was closed.

 

Councilor Edwards V motioned to approve the sound variance for Singing Out Against Hunger, 1791 Main Road on Sunday, August 18, 2024, from 9:00 am to 1:00 pm and approve the special event permit subject to meeting all legal requirements. Seconded by Councilor Edwards, the motion passed unanimously.

 

10. GENERAL BUSINESS

A. Kathleen Brughelli, Newport County Prevention Coalition – Discussion and possible vote to approve
     placement of commemorative banner and flags in remembrance of 402 individuals who lost their

     lives due to opioid overdose

 

Councilor Edwards V motioned to approve the request. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Burk motioned to move items 10E and 10F forward. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                E. Council President DeMedeiros/DPW Director Rogers – Update on unfinished utility construction
                     project on state roads Bulgarmarsh & Fish and town road Brayton by Green Development

 

                F. DPW Director Rogers – Update from RIDOT on Tiverton paving project and timeline of work on Main,
                     Highland, Bridgeport, Riverside, Souza and Fish Roads

 

RIDOT paving project managers Jon Fontana and Steve Soderlund gave an update on the extensive re-paving projects scheduled for Main, Highland, Bridgeport, Riverside, Souza, and Fish Roads. In addition to paving, Main Road would receive new curbing and sidewalks. The road work will commence at night from 8:00 am to 6:00 am with appropriate detour signage in place. Residents should expect some noise impacts during the nighttime work. The paving portion of the project was slated to be completed by late October 2024.

 

Administrator Cotta updated that Green Development has installed the duct banks from the solar farm to the electrical grid substation on Fish Road. They will start paving in August at the corner of Bulgarmarsh and Fish Roads heading east to Brayton Road. 

 

B. Town Administrator – MARCUM (Schools forensic audit) - receipt of draft report related to school
     department audit and discussion and possible vote to approve additional scope of work covering
     audit services related to school payroll

 

Administrator Cotta explained the audit was primarily intended as an operational audit only and to align some disjointed information that had been received. He furthered there was no intent to uncover fraud, but rather to get a collaborative look at the community works as a whole in terms of financing. He stated MARCUM did a good job of going through the process by speaking to the state, the school administration, educational staff, the town as well as the school committee.

 

Mike McShea, director of the Financial Accounting and Advisory Services with MARCUM, represented the team that had executed the work completed thus far. He summarized the draft report that covered the process, recommendations, and timelines as well as potential other work that might be necessary in a Phase 2 and 3. He noted that since the draft reports’ June issuance date, an updated supplement may be forthcoming to cover developments that had taken place in June and July around financing and final town decisions.

 

Councilor Edwards commented that the findings reinforced the need for transparent reporting requirements. Councilor Janick acknowledged a particularly difficult budget process and stated she believed the community wanted best practices and transparency.

 

Mr. McShea noted one of the main observations was around collaboration and communication, rigor and structure as well as specific agreements on levels of detail with timing and established checkpoints.

 

Councilor Burk expressed interest in receiving information about other Rhode Island communities that have successfully implemented similar recommendations.

 

Mr. McShea emphasized the recommendation for the school department to highlight non-negotiable vs. negotiable spending to set an appropriate foundation.

 

Discussion continued around the utilization of appropriate software with efficient report-building capabilities as well as establishing open lines of communication between the school district, the budget committee, and the town council.    

 

Mr. McShea explained a Phase 2 would be a specific type of payroll HR hiring audit and Phase 3 would be in the event of a potential issue that was found to need further investigation. 

 

After discussion, the council seemed to be in agreement with Councilors Burk and deMedeiros’ suggestions to include more than just payroll/hiring in Phase 2, which would be expected to take approximately 4 to 6 weeks.

 

Councilor Janick said she would like the reporting process to be better defined to make the budget process transparent and simplified to ensure we are hitting our priorities within our financial means.

 

Councilor Burk motioned to approve an additional scope of work for MARCUM school forensic audit covering audit services related to school payroll and request a cost estimate be provided for the additional work on the internal audits for general ledger activities, controls over transfers, etc. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Councilor Burk motioned to move item 10J forward. Seconded by Councilor Edwards, the motion passed unanimously.

 

J. Administrator Cotta - Discussion and possible vote to advertise proposed zoning amendment
    regarding Article IC, section 15(I), open lot storage related to permitted utility projects

 

Councilor Edwards V motioned to advertise the proposed zoning amendment for an August 26, 2024, public hearing. Seconded by Councilor Edwards, the motion passed unanimously.

 

G. Councilor Edwards – Discussion and possible vote on modification of the Community Septic System
     Loan Program (CSSLP) requirements

 

Councilor Edwards summarized his suggested modification to the CSSLP loan program which grants low-interest loans to upgrade or replace on-site wastewater systems. The current maximum of a loan is $25,000 with a term of 10 years at 1% interest. Noting that as new system installation costs increased by as much as 40%, a $25,000 loan is likely no longer adequate. He suggested consideration of a loan cap increase as well as possibly lengthening terms.

 

After council discussion, Administrator Cotta was to research the feasibility and also gather information on the specifics of other communities’ loan programs. 

H. Town Clerk Chabot – Discussion and possible vote on authorization, issuance, and fees related to
     Class C liquor license in Town and any potential ordinance creation, posting and public hearing
     needed to effectuate said license.

 

Clerk Chabot explained the request was related to a customer’s interest in opening a bookstore that would serve wine. The appropriate license would be a Class C license, which would require prepackaged food available to be served on-site. Discussion continued around allowed locations, potential fee amounts, and maximum number of licenses granted.

 

Councilor Edwards suggested an allowance of five licenses charging a $400.00 fee plus advertising costs. After further discussion, Solicitor Marcello was directed to draft a Class C license, leaving the number of licenses blank in the interim.

 

I. Police Chief Jones - Discussion and possible vote on the following:

                     1. Approval of Dispatch area specification to go out for bid

 

Chief Jones stated he had been working with an architectural firm specializing in public safety complex buildings and specific upgrades which constituted a small part of the scope of the dispatch center upgrade. He reminded the council that the cost was covered under the $500,000.00 Department of Justice grant.

 

Councilor Burk motioned to advertise the RFP for the Dispatch upgrade project. Seconded by Councilor Edwards, the motion passed unanimously.

 

                     2. Acknowledgement Department accreditation recertified

 

Chief Jones was requesting acknowledgement and congratulations to accreditation manager Lt. Bryan Palagi who was instrumental in the achievement of Rhode Island Police Accreditation for 2024 through 2027. He explained the standards were much more comprehensive and rigorous than the previous accreditation issued in 2020 when more leeway was allowed during the pandemic. The council collectively congratulated Lt. Palagi for his successful efforts.

 

                     3. Recognition Daniel Raymond retirement

 

Note: Item 3 was taken previously.

 

                     4. Approval to use Byrne Jag grant for radar units

 

Councilor Edwards V motioned to approve the purchase of the radar units. Seconded by Councilor Paull, the motion passed unanimously.

 

Items 10K and 10L were tabled until after Executive Session.

 

11. SECOND EXECUTIVE SESSION - The Town Council may vote to go into executive session in accordance with the RI Open Meetings Act to discuss and or act upon the following items:

 

                A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Police
                      Chief Patrick Jones - Notice given

 

                B. Town Administrator – RIGL 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Deputy
                    Police Chief James Costa - Notice given

 

                C.  Town Administrator – RIGL 42-46-5(a)(2) Collective Bargaining – Discussion and possible vote on
                      IAFF Local 1703 (Tiverton Fire) contract negotiations for 7/1/2025-6/30/28

 

Councilor Burk motioned to enter Executive Session for agenda items 11A, 11B, and 11C. Councilor Paull seconded the motion, the motion passed unanimously.

 

The council entered a closed executive session at approximately 9:31 p.m.

 

12. RECONVENE in OPEN SESSION and Sealing of Executive Session Minutes

The Council returned to open session at approximately 10:05 p.m.

 

Councilor Burk motioned to seal the minutes of the Executive Session. Councilor Paull seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported that agenda items 11A, 11B, and 11C were discussed only, and no votes were taken.

 

K. Administrator Cotta - Discussion and possible vote to approve contract and fiscal impact
   changes for Police Chief Jones, effective retroactive to 12/14/23-7/22/24 and moving forward from

   7/22/24 to 7/22/25, consistent with the approved FY25 budget

 

Councilor Burk motioned to approve the contract and fiscal impact changes for Police Chief Jones, effective retroactive to 12/14/23-7/22/24 and moving forward from 7/22/24 to 7/22/25, consistent with the approved FY25 budget. Councilor Paull seconded the motion. The motion passed unanimously.

 

L. Administrator Cotta - Discussion and possible vote to approve contract and fiscal impact
                    changes for Deputy Police Chief Costa, effective retroactive to 10/25/23 to 7/22/24 and moving

      forward from 7/22/24 to 7/22/25, consistent with the approved FY25 budget

 

Councilor Burk motioned to approve contract and fiscal impact changes for Deputy Police Chief Costa, effective retroactive to 10/25/23 to 7/22/24 and moving forward from 7/22/24 to 7/22/25, consistent with the approved FY25 budget. Councilor Edwards seconded the motion. The motion passed unanimously.

 

13. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 10:08 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                        Joan B. Chabot, Town Clerk