STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS COUNTY OF NEWPORT
The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Council Meeting on
Monday, August 24, 2020 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Council President Hilton called the meeting to order with the pledge of allegiance to the flag.
Members present
| Council President Hilton | Councilor Perry (absent) | Council Edwards |
| Vice-President deMedeiros | Councilor Clarke (absent) | |
| Councilor Cook | Councilor Driggs | |
Town Administrator Cotta and Town Clerk Mello and Deputy Clerk Veegh were also present
BUSINESS BROUGHT BEFORE THE COUNCIL
President Hilton read the items on the Consent Agenda.
Note 3: 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. July 23, 2020 – Special Meeting
2. July 27, 2020 – Regular Session
3. July 27, 2020 – Executive Session
4. August 5, 2020 – Special Meeting
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Board of Canvassers (1)
C. Acknowledge Receipt of Reports
1. Police and Fire Department overtime reports – July 2020
2. Department Monthly Reports – July 2020
3. Jennifer Siciliano, Town Planner and Administrative Office – Report of Activities of Planning
Department and Planning Board for July 2020
D. Acknowledge Receipt of Correspondence
1. Town of Portsmouth – Resolution opposing transfer of RI Turnpike and Bridge
Authority revenue and Management Authority to the Rhode Island Department of Transportation
2. Town of Portsmouth – Resolution recognizing and honoring African American history in Rhode
Island and urging the adoption of African American education in Rhode Island’s K-12 schools
starting in the 2021-2022 academic year
3. Town of Jamestown – Resolution in support of urging the State of Rhode Island to allocate at least
10 percent of its $1.5 billion in Federal Cares Act funds to establish a grant program for small
businesses impacted by COVID-19
4. Town of Jamestown – Resolution requesting support of the Rhode Island Turnpike and Bridge
Authority
5. Town of North Smithfield – Resolution of the North Smithfield Town Council urging an emergency
exemption in the computation of the maintenance of effort requirements established by RIGL 16-
7-23
6. Town of North Smithfield – Resolution of North Smithfield School Committee to amend Article I
7. Town of North Smithfield – Resolution of the North Smithfield Town Council urging the continued
appropriation of State and Local revenues to support public education
E. Approval of Tax Assessor Abatements
Councilor Driggs removed Consent Agenda items 4-A-1, 2, 4 and 4-D-5.
Councilor Edwards motioned to approve Consent Agenda items with the exception of 4-A-1, 2, 4 and 4-D-5. Councilor deMedeiros seconded the motion. The motion passed unanimously.
Councilor Driggs noted a scrivener’s error in each removed Council minute set. It was decided that the Clerk would amend the noted errors.
Councilor Driggs motioned to approve Consent Agenda item 4-A-1, 2, 4 as amended. Councilor Edwards seconded the motion. The motion passed unanimously.
With respect to pulled item 4-D-5, Councilor Driggs questioned if Tiverton had placed a similar waiver request. Administrator Cotta did look into a waiver for the Library and was told the waiver request would not be entertained until budget actually cut. The League of Cities and Towns has also sent requests for both schools and libraries to the General Assembly.
Councilor Edwards motioned to approve Consent Agenda item 4-D-5. Councilor Cook seconded the motion. The motion passed unanimously.
The Public May Send Written Comments via email to publiccomment@tiverton.ri.gov or by regular
mail to the Town Clerk at 343 Highland Road, Tiverton, RI 02878 or place in the grey drop box located
outside Town Hall by 12:00 noon on Monday, August 24th.
A. Comments received - None
A. Harbor Commission – (9) Member Board/ (2) Year Terms/ (5) Vacancies
1. Bruce H. Cox, 35 Sunset View Drive - Requests Re-Appointment to Expire 7/15/22
2. Jason Clermont, 15 Carpenter Street - Requests Re-Appointment to Expire 7/15/22
3. Gregory Banner, 59 Winnisimet Drive - Requests Re-Appointment to Expire 7/15/22
Councilor Edwards motioned to appoint Bruce H. Cox, Jason Clermont and Gregory Banner to the Harbor Commission for (2) year terms to expire 7/15/22. Seconded by Councilor Cook, motion passed unanimously.
B. Zoning Board – (5) Member Board/ (5) Year Terms/ (1) Vacancy
1. George Alzaibak, 63 Stoney Hollow Road - Requests Re-Appointment to Expire 7/15/25
Councilor Edwards motioned to appoint George Alzaibak to the Zoning Board for a (5) year terms to expire 7/15/25. Seconded by Councilor Cook, motion passed unanimously.
Zoning Board – Alternate – Annual Appointment
2. Jennifer Hilton, 180 April Lane - Requests Re-Appointment to Expire 7/15/21
A lengthy discussion ensued about potential attendance issues
Councilor Edwards motioned to appoint Jennifer Hilton as an Alternate to the Zoning Board for a (1) year term to expire 7/15/21. Seconded by Councilor deMedeiros, motion passed 3-2 with Councilors Cook and Driggs abstaining.
3. Joel Bishop, 241 Cornell Road - Requests Re-Appointment to Expire 7/15/21
Councilor deMedeiros motioned to appoint Joel Bishop as an Alternate to the Zoning Board for a (1) year term to expire 7/15/21. Seconded by Councilor Edwards, motion passed unanimously.
C. Recycling/Landfill Committee – (5) Member Board/ (3) Year Terms/ (3) Vacancies
1. Steven P. Rys, 201 Bridle Way - Requests Re-Appointment to Expire 4/15/23
Councilor Edwards motioned to appoint Steven P. Rys to the Recycling/Landfill Committee for a (3) year term to expire 4/15/23. Seconded by Councilor deMedeiros, motion passed unanimously.
D. Conservation Commission – (7) Member Board/ (3) Year Terms/ (2) Vacancies
1. Brenda Mottram, 88 Barnswallow Drive - Requests Re-Appointment to Expire 4/15/23
Councilor Edwards motioned to appoint Brenda Mottram to the Conservation Commission for a (3) year term to expire 4/15/23. Seconded by Councilor Driggs, motion passed unanimously.
A. Acting Fire Chief Reimels – Proposed EMA flu clinic
As Acting Fire Chief Reimels was unable to attend meeting, Administrator Cotta briefed Council of an initiative of the EMA to have towns host flu clinics in order to encourage citizens to get the regular flu vaccine. The Council expressed collective support of the proposal.
B. Town Administrator – Update regarding the State Traffic Commission relative to Nanaquaket Bridge
fishing restriction request
Administrator Cotta explained the effort to engage the State Traffic Commission to consider restricting fishing on the bridge, was to mitigate potential liability on behalf of the Town. He cited a letter from the Harbor Commission to STC that detailed issues with multiple uses on the bridge and included recommendations to reduce risk of injury or death. Councilor Cook added that she often walks the area and routinely finds leftover trash and fishing line which is a threat to local wildlife. Councilor Edwards added that the goal was not to prevent access to water or fishing, but alleged it was a State enforcement problem. He furthered that RIDOT should be taking care of the trash/enforcement and asserted that placing one of the DEM officers at the bridge for a few weekends would rectify the problem. Administrator Cotta agreed to contact DEM and update Council in the near future.
C. Town Administrator – Update regarding auditor selection
Administrator Cotta confirmed the bids had been evaluated and that the state auditor general Dennis Hoyle as well as Superintendent Sanchioni had approved the selection. Solicitor Marcello affirmed that as the agenda did not include an option for Council to vote, the approval to ratify the contract would need to take place at a future meeting.
D. Tax Assessor David Robert – Authorization to seek RFP for appraisal of Tiverton Power, Inc. (Power
Plant) located at 304 Progress Road – Plat 108 and Lot 105
Assessor Robert explained that the appraisal is separate from any type of revaluation bid, and is important to ensure the best possible candidates to appraise this important piece of property. The power plant had never been appraised and the 20 year PILOT program whereas the Town had been accepting a payment in lieu of taxes, was nearing expiration. Administrator Cotta affirmed that the Town could still choose to enter into a payment program and the power plant has indicated they would extend the current PILOT program for a year if need be. Councilor Edwards questioned the appraisal cost and suggested repurposing the funds in light of the COVID related internal budget crisis. Assessor Robert responded that the funding available is $30K, but remain in a restricted revaluation account. After further discussion, it was agreed that the Town would benefit from having a determined value of the unique asset.
Councilor Edwards motioned to approve the relative request to seek RFP for appraisal of Tiverton Power, Inc. Seconded by Councilor Cook. The motion passed unanimously.
E. Town Planner, Jennifer Siciliano – Update on compliance of Zoning Ordinances with Comprehensive
Community Plan
Town Planner Siciliano updated Council on review of the Zoning Ordinance. In order of priorities, she believed the Solar Ordinance of critical importance, followed by Form Based Code review, and finally getting Comp Plan inconsistencies addressed. She explained this would involve changing zoning of 14 residential publically owned parcels to open space from various residential properties.
Councilor Hilton agreed the Form Based Code is problematic, nevertheless thought updating the Zoning map critical, especially with an impending Fall River to Boston commuter rail line. She added that in contrast to commercial land, the Town has a staggering amount of land for residential development which could mean thousands of new housing units unless planning commences immediately.
Councilor Cook added that the costs to the Town for residential v. commercial development should be determined and part of future relevant discussion. She also noted that the lack of quarrying as a topic of concern.
After brief discussion, consensus was that a workshop be scheduled to begin work on the outstanding priority items. At Administrator Cottas suggestion, Councilor Hilton and Planner Siciliano agreed to collaborate on a relative agenda.
F. Councilor Cook – Authorization to advertise for a public hearing for a proposed amendment to the
Tiverton Code of Ordinances to ADD Section 10-39 – Care of Dogs
Councilor Cook noted a scriveners’ error on Pg.2, Item 4-e, whereas Sec. 3-25 should be replaced with Sec. 1-7.
Councilor Driggs motioned to approve to advertise for the relative public hearing. Seconded by Councilor Edwards, motion passed unanimously.
A. Town Solicitor - Superior Court C.A. No. NC-2020-0214 – Justin Katz v. Town of Tiverton and Nancy
Mello in her official capacity as the Town Clerk
Solicitor Marcello relayed he had been notified of the relative law suit filed in Superior Court by Justin Katz, challenging the previous Attorney General’s ruling regarding the release of executive session minutes, whereas the AG had ruled the minutes did not have to be turned over as previous Council policy had been repealed. Although Mr. Katz had not yet served anyone, and has 120 days to do so, in an effort to expedite the process, the Solicitor requested permission to accept service on behalf of the Town and Ms. Mello. After discussion, no decision was made. It was mentioned item could be placed on agenda again if necessary.
B. Town Administrator
1. Department of Revenue Approval of Tax Rate
Administrator Cotta explained that after the Budget Committee passed forward their budget to the Council, the required notification of the proposed tax rate and tax levy increase to the Department of Revenue was submitted and accepted.
2. Update on Fire Chief Application Process
Administrator Cotta shared that meetings were held by Personnel Board members Jim Camara and Fred Almeida along with Fire Chiefs from Bristol and Little Compton to review the resumes of eight suitable candidates. They succeeded in narrowing down the selection to five individuals to bring before the Personnel Board. He had hoped to have a recommended candidate to present to the Council at the next meeting.
C. Town Clerk
1. Updated on FTR schedule
2. Update on September 8, 2020 Primary
3. Update on November 3, 2020 General Election
Clerk Mello noted with regard to the September 8 primary, we were currently in the emergency voting period, and Town Hall has been open for in person voting and will be until 4pm on Election Day. She explained that this was democratic Primary election for running candidates John Edwards and Michelle McGaw for precincts 3306 and 3307/Representative district 71 only.
With respect to the FTR, she noted that mail ballot applications are available on the Town website or by calling the Clerk’s office. She added that the deadline for a Petitioner budget to be submitted is Saturday August 29 at 2pm. She added absentee voting will change from 2 to 3 days prior and the actual election will take place at the High School on September 26, from 7am to 8pm. The logistics of the Hearing on September 10 were underway.
The deadline to register to vote for the November General Election is Sunday, October 4. Mail ballots are available and can be dropped off at Town Hall via the grey lockbox or by knocking on the door. She finished by noting the October 13 deadline to submit mail ballot applications and that all of the election information is on the Town website.
A. Town Solicitor – Litigation -42-46-5(a)(2) – Settlement provisions on tax appeal cases
1. Westport I Trust v. Tiverton (NC-2013-0090)
2. James Karam v. Tiverton (NC-2017-0119)
3. Tiverton Point, LLC v. Tiverton (NC-2017-0118)
B. Town Solicitor - Litigation – 42-46—5(a)(2) - Unpaid Legal Invoices – Attorney Jeanne M. Scott
Councilor Edwards motioned to enter executive session pursuant to 42-46-5(a)(2) Litigation – Settlement provisions on tax appeal cases – Westport I Trust v. Tiverton (NC-2013-0090), James Karam v. Tiverton (NC-2017-0119), Tiverton Point, LLC v. Tiverton (NC-2017-0118). Seconded by Councilor Cook. Motion passed unanimously by roll call vote.
Councilor Edwards continued with a motioned to enter executive session pursuant to 42-46-5(a)(2) Unpaid Legal Invoices – Attorney Jeanne M. Scott. Seconded by Councilor deMedeiros. Motion passed unanimously by roll call vote.
Council entered executive session at approximately 8:40 pm
Council returned to open session at approximately 9:00 pm
OPEN SESSION
Councilor Edwards motioned to seal the minutes of Executive Session. Councilor Cook seconded the motion. The motion passed unanimously.
Solicitor Marcello announced the Town Council voted to give authority to the Town Administrator to execute and finalize the tax appeal settlements listed. Once stipulations have been filed and executed the settlements will be made public.
Regarding litigation on unpaid legal invoices the Town will resume legal strategy going forward.
Councilor Edwards motioned to adjourn the meeting. Councilor Cook seconded the motion. The motion passed unanimously. The meeting adjourned at 9:05 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk