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, June 12, 2024, at 7:00 PM at the Tiverton High School Auditorium, 100 North Brayton 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                    John G. Edwards V
Jay P. Edwards                                                   David J. Paull                                                      Deborah G. Janick
Dennis J. Milbourne                                       

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. PRESENTATION OF THE PROPOSED 2024-2025 UNIFIED BUDGET ORDINANCE

 

Administrator Cotta gave a general overview of the FY2425 Budget put forth by the Town Council totaling $58,384,819 which would be offset by revenues from property and motor vehicle taxes, abatements, education state aid, and other non-tax revenue totaling $58,384,819. He explained the local appropriation included a 2% increase for Education, combined with state aid, resulted in a total of $33,608,214. He noted a proposed property tax increase of 2.95% will result in a property tax rate of $11.08 per thousand of assessed valuation as compared to the current FY 2324 property tax rate of $14.97 per thousand.

Council President deMedeiros clarified that the casino monies are not included as they were put into a capital fund.  She furthered that the schools received $1 million last year and $3 million the previous year and that capital amounts would be decided at a future meeting to be scheduled in July. 

Administrator Cotta read aloud the following five proposed Resolutions.

1. RESOLVED, that the expense and revenue budgets, both itemized by account, that support the proposal for appropriations and tax levies which is approved by the Town Council shall be adopted as the Unified Budget Ordinance for the Fiscal Year ending June 30, 2025.

2. RESOLVED, that all Municipal Capital accounts be restricted for their intended purpose and that no transfers are authorized out of those accounts, except to other Municipal Accounts in a declared state of emergency.

3. RESOLVED, that account 5540-6451 snow removal shall be a restricted account to be used solely for the purpose of snow removal. Funds remaining in this restricted account at the end of July 1, 2024, shall be carried over into the same account for Fiscal Year 2026.

4. RESOLVED, that the town, once all provisions of the Charter and accounting requirements are met, shall transfer out of the unexpended Municipal Expense appropriation determined as of June 30, 2025, twenty-five percent (25%) into the Restricted Paving/ Drainage account 5540-6794, and twenty-five percent (25%) into Restricted Capital Expenditure Account 0980-9999.

5. RESOLVED, the town council, in making these appropriations, strongly recommends and urges that no elementary school should be closed, while recognizing that the Rhode Island General Laws, vests such decision solely within the purview of the elected school committee.

 

5. PUBLIC HEARING ON THE FISCAL YEAR 2025 UNIFIED BUDGET ORDINANCE

 

 

 

 

Council President deMedeiros opened the Public Hearing.

Many people, mostly town residents, presented to speak. Resident and town school teachers Andrea Palumbo, Kristen Destrempts and Donna Larson voiced concerns over what they referred to as an insufficient school budget and recent school employee layoffs that would hinder student personal development and accomplishments. They urged reconsideration of the proposed 2% schools budget. Resident Riley Kilmer expressed concern over unsustainable school budgets, large property valuation increases relative to the tax rate. Resident Sanford Mantell asked questions about the general fund balance as well as the 2025 projected drop in investment income. School Committee member Diane Farnworth, spoke as a private citizen, regarding the 16% decrease in state aid. She asked that the town not hold the school committee responsibly for the impact of property value increases. School Committee Chair Dr. Jerry Larkin, spoke for himself as resident and school parent, based on the recent loss of 1.7 million in state aid, and suggested this was the year to go to 4%.  Many other residents, most parents of school children, spoke requesting re-consideration of the school budget funding.

Council President deMedeiros closed the Public Hearing.

Councilor Edwards V, said that his objective was to keep all three schools open, and in light of the 2% budget allocation, expressed frustration that specific financial information has not been provided by the School Department related to amounts needed to keep Fort Barton open. School Committee member Diane Farnworth countered by stating “the school committee, under Chapter 16, has the complete responsibility for the care and control of our schools” and “until I know how much I have to work with I can't decide how to spend it.”

Councilor Janick lamented over the tough decisions and the unique situation. She acknowledged that they have been “very tight on the town side” but hoped her fellow councilors could find some wiggle room for the sake of the students. Fearing future issues with reduced enrollment, she asked that the school committee immediately look for cuts and savings that might be made over the next year.

Council Vice President Burk opined that there is a structural deficit that has been carried forward over the years by the School Department using one time monies.  He stated that after this process is done, a conversation should start about what education should look like in town and how it can be supported, that will include looking at the decreases in students. While offering to re-visit the budget amount, he would not agree to change the way casino money was used, stating that is how a deficit is built by using one-time money for operational expenses.

Councilor Edwards stated that even if they could give the schools the full 4%, it wasn’t enough to cover the $1.2 million dollar shortfall.  He predicted it would happen next year if more students were lost and again the following year after RIDE catches up to increased valuations. He furthered that he would never agree to the use of casino money for operational expenses. 

President deMedeiros announced that the final vote would take place at the High School on Saturday, June 15 at 9:00 am.

President deMedeiros called a brief 10 minute recess, then continued the meeting.

 

6. PUBLIC COMMENTS

 

Public comments were heard during the Public Hearing Item. 5

 

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

 

A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 54 PARKS AND
     RECREATION, ARTICLE II – RECREATION AND OPEN SPACE AREAS. This proposed ordinance will amend
     Section 54-32 Additional rules for recreational areas. The amendments would prohibit fishing at
     Fogland and Grinnell’s Beach except in designated areas and prohibit any fishing on the Stone Bridge
     walkway and abutment at all times. The ordinance also establishes fines for violations for fishing in
     non-designated areas (cont. from 5/28/24) – VOTE TO READVERTISE WITH DATE UNCERTAIN

 

Councilor Burk motioned to authorize Council President to set a date for the hearing and approve the clerk to advertise that hearing to amend the Tiverton Code of Ordinances Chapter 54 PARKS AND RECREATION, ARTICLE II – RECREATION AND OPEN SPACE AREAS. Seconded by Councilor Edwards V, the motion passed unanimously.

                B. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 78 TRAFFIC AND
                   VEHICLES, ARTICLE III – Stopping, Standing and Parking. The proposed new ordinance would establish
                   the regulation of vehicle beach parking at Grinnell’s and Fogland Beaches and require parking fees or
                   passes from May 1 to October 1, and provides for the enforcement of parking restrictions, including
                   recreational vehicles at Fogland Beach. The ordinance also prohibits parking at any town beach from
                   10 pm to 7 am and sets fines for the violation of the parking restrictions (cont. from 5/28/24)

                     – VOTE TO READVERTISE WITH DATE UNCERTAIN

 

Councilor Burk motioned to authorize Council President to set a date for the hearing and approve the clerk to advertise that hearing to amend the Tiverton Code of Ordinances Chapter 78 TRAFFIC AND VEHICLES, ARTICLE III. Seconded by Councilor Edwards V, the motion passed unanimously.

8. GENERAL BUSINESS

 

A. DPW Director Rogers – Discussion and possible vote on bid awards for Paving, Road Materials, Crack,

     Sealing, Line Painting

 

Councilor Edwards V motioned to approve the bid awards as requested by the Director. Seconded by Councilor Burk, the motion passed unanimously.

B. Fire Chief Bailey - Discussion and possible vote to approve budget transfers:
                     1. $7,900.00 from Acct 3310-6968 Medical Physicals to Acct 3310-6642 Radio Maintenance

     2. $3,400.00 from Acct 3310-6912 Electric to Acct 3310-6910 Heat
                     3. $17,843.00 from Acct 3310-5107 Holidays Pay to Acct 3310-5104 Overtime

     4. $4,321.00 from Acct 3310-5108 Longevity to Acct 3310-5104 Overtime

     5. $23,497.00 from Acct 3310-5125 Professional Development to Acct 3310-5104 Overtime

     6. $4,220.00 from Acct 3310-5105 Differential to Acct 3310-5104 Overtime

     7. $55,101.00 from Acct 3310-5103 Deputy Chief Salary to Acct 3310-5104 Overtime

     8. $20,300.00 from Acct 3310-5111 EMS Incentive to Acct 3310-5104 Overtime

     9. $150,000.00 from Acct 3310-5101 Personnel Salary to Acct 3310-5104 Overtime

 

Councilor Burk motioned to approve the budget transfers for item B, 1-9. Seconded by Councilor Edwards V, the motion passed unanimously.

C. Formal Acceptance of Deeds of Land donated to the town (Parcels 103-154 and 109-107)

 

Councilor Burk motioned that the Town Council accept the Deeds of Land donated to the town (Parcels 103-154 and 109-107). Seconded by Councilor Milbourne, the motion passed unanimously.

 

9. EXECUTIVE SESSION

 

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

     #406 (Tiverton Police) contract negotiations

 

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

     IAFF Local 1703 (Tiverton Fire) contract negotiations

 

C. Town Administrator - RIGL § 42-46-5(4) any investigation proceeding regarding allegations of

     misconduct, either civil or criminal, Tiverton Fire Department

 

Councilor Paull motioned to enter executive session for agenda items 9A, 9B, and 9C. Councilor Edwards V seconded the motion, the motion passed unanimously.

 

Council entered closed executive session at approximately 8:38 p.m.

 

Council returned to open session at approximately 9:27 p.m.

 

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

 

Solicitor Marcello reported that all items were discussed, and any vote taken cannot be disclosed at this time.

 

10. ADJOURNMENT

 

Councilor Edwards V motioned to adjourn the meeting. Councilor Burk seconded the motion. The motion unanimously passed. The meeting adjourned at 9:29 p.m.

 

A True Copy.

 

 

ATTEST______________________________________

                        Jean M. Veegh, Deputy Town Clerk