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, September 28, 2020 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Members present
| Council President Hilton | Councilor Perry | Council Edwards |
| Vice-President deMedeiros | Councilor Clarke | |
| Councilor Cook | Councilor Driggs | |
Town Administrator Cotta, Solicitor Marcello, 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. September 14, 2020 – Regular Session (Councilor Perry abstains – absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Board of Canvassers (3)
C. Acknowledge Receipt of Reports
1. Treasurer’s Office - Update Financial Status as of August
2. Jennifer Siciliano, Town Planner and Administrative Office – Report of Activities of Planning Department and Planning Board for August 2020
D. Acknowledge Receipt of Correspondence
1. Town of Warren – Resolution relating to State assistance during the COVID-19 emergency
2. Town of Charlestown – Resolution relating to State assistance during the COVID-19 emergency
3. Town of Barrington – Resolution relating to State assistance during the COVID-19 emergency
4. Town of Barrington – Resolution in support of urging the State of RI to allocate at least 10% of its $1.5 billion in Federal CARES Act funds to establish a grant program for small businesses impacted by COVID-19
Councilor Cook removed Consent Agenda items A-1.
Councilor Hilton removed Consent Agenda item D-1.
Councilor Edwards motioned to approve Consent Agenda items with the exception of A-1and D-1. Councilor deMedeiros seconded the motion. The motion passed unanimously.
Regarding item A-1, Councilor Cook requested correction of a minor typographical error.
Regarding item D-1, Councilor Hilton noted that relative to FEMA reimbursing less than originally promised for COVID related costs, she will be drafting a similar resolution for discussion and vote on the next meeting agenda.
Councilor Edwards motioned to approve Consent Agenda items A-1 (as amended) and D-1. 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, September 28, 2020.
A. Comments received - None
A. Juvenile Hearing Board – (5) Member Board/(3) Year Terms/(1) Vacancy
1. Melissa R. Quinlan, 25 Garden Avenue - Requests Appointment to Expire 10/15/23
Councilor deMedeiros motioned to waive policy and proceed to appointment. Councilor Edwards seconded the
motion. The motion passed unanimously.
Councilor deMedeiros motioned to appoint Melissa R. Quinlan to the Juvenile Hearing Board for a three year terms to expire 10/15/23. Seconded by Councilor Perry, motion passed unanimously.
(Advertised Public Hearing)
A. Jim Long/Sports Kitchen, LLC, 300 Industrial Way, Tiverton, RI 02878 – Requests Approval for
BV Liquor and Entertainment Licenses – Subject to meeting all legal requirements
Jim Long was queried about the lack of CO. He affirmed, and Building Official Bill Moore attested, construction was within 30 days of completion. Questions arose related to serving liquor until 1am to which Solicitor Marcello assured was allowed per Ordinance. Mr. Long added food service would also run until 1am.
Administrator Cotta asked multiple times if any members of the public wished to speak; there were none.
Councilor deMedeiros motioned to approve the relative BV Liquor and Entertainment Licenses. Seconded by Councilor Edwards, the motion passed unanimously.
Clerk Mello noted Mr. Long had previously paid the $800 fee in 2018 for a license that was granted but not issued due to construction delays. Council agreed to waive charging a new fee.
(Non-advertised)
B. Jim Long/Sports Kitchen, LLC, 300 Industrial Way, Tiverton, RI 02878 – Requests Approval for
Victualing License – Subject to meeting all legal requirements
Councilor deMedeiros motioned to approve the relative Victualing License. Seconded by Councilor Edwards, the motion passed unanimously.
C. Amanat Ali/Paradise Smoke Shop, Inc., 58 Main Road, Tiverton, RI 02878 - Requests Approval for
Holiday and Tobacco License – Subject to meeting all legal requirements
A. Councilor Cook – Presentation/update by Benjamin Goetsch, Coastal Resources Management
Council/Aquaculture Coordinator on the CRMC aquaculture permit process and Memorandum of
Understanding
Cook introduced Benjamin Goetsh, CRMC Aquaculture Coordinator for RI, who oversees permitting for aquaculture farms. He was also responsible under an MOU with DEM for annual inspections of RI’s 83 currently active farms. He gave an overview, complete with flow chart, of the permitting process.
Councilor Cook expressed interest in establishing an MOU, similar to one Charlestown uses to establish a task force consisting of town representatives and CRMC staff, to respond to use and technical issues related to aquaculture. Mr. Goetsch explained that Charlestown’s MOU was necessary due to excess development, noting Tiverton has only 4 acres of allowable area v. Charlestown’s 80+ acres.
Councilor Driggs voiced concerns over aquaculture farms’ potential to negatively impact land owners’ recreational use and/or access issues.
Administrator Cotta noted that CRMC and the Harbor Commission have worked well together processing applications. As some administrative permits are obtainable without a full hearing process, he recommended CRMC keep the Harbor Commission advised so proper public notifications can occur. It was recommend that the Harbor commission send a GIS map of mooring fields to CRMC to assist with permitting.
Councilor Hilton noted that Tiverton’s 15 miles of coastline has very little public access and suggested heavily used recreation areas be proactively identified and supplied to CRMC.
Noting the lack of abutter noticing requirements, Harbor Commission Chair Bruce Cox suggested requiring applicants to notice direct abutters, as they have riparian rights.
As a next step, Councilor Hilton believed the Harbor Commission was best qualified to advise Council. Mr. Cox agreed to include discussion on the Harbor Commission’s October agenda.
B. DPW Director/Administrator – Request Extension of McGeough’s Turf Management, Inc. Contract to
12-31-21 as per Attached Contract Section 1-B
DPW Director Rogers noted that the current contract is the first of two allowable extensions and expires 12/31/2020 per the original contract that expired 12/31/2019.
Councilor Edwards motioned to approve the relative contract extension. Seconded by Councilor deMedeiros, the motion passed unanimously.
C. DPW Director/Administrator – Request permission to advertise for Snowplow Contractors for 2020 -
2021 season
Councilor Edwards motioned to approve the relative request to advertise. Seconded by Councilor deMedeiros, the motion passed unanimously.
D. Town Administrator – Request Extensions of Contract between Town of Tiverton and Ronald Helger
d/b/a Helger’s Landscape (for two one-year extensions through April 30, 2022 without rate increase
from 5/1/20) for Pocasset Cemetery Service as Allowed by Contract
Councilor Perry motioned to approve the relative contract extension. Seconded by Councilor Edwards, the motion passed unanimously.
E. Town Administrator Cotta - Approval of Appointment of Bruce Reimels as Tiverton Fire Chief and
Ratification of a Three-Year Contract Commencing September 28, 2020 and Ending September 27,
2023
Administrator Cotta noted 8 initial applicants were narrowed to 5 after prescreening by Bristol and Little Compton fire chiefs, 2 personnel board members and himself. The Personnel Board then interviewed and provided ranking. Mr. Cotta felt the best candidate was interim Fire Chief Bruce Reimels based on his successful job as acting fire chief for the past 12 months, demonstrating his ability to effectively manage the department. He furthered there was an issue with Mr. Reimels’ accumulated pension protections that would be affected by leaving the union, thereby requiring a specially crafted package to protect those interests.
Councilor Edwards motioned to approve the relative contract extension. Seconded by Councilor deMedeiros, the motion passed unanimously.
F. Fire Department overtime reports and status of per diems – August 2020 (Cont. from
9/14/20)
As requested at the previous meeting, Administrator Cotta provided Council with a comprehensive, color coded overtime schedule in an effort to break down management v. department staff overtime causality.
G. DPW Director Rogers – Request approval of PAYT Trash Bag Holiday Beginning Saturday, December
26 and ending Thursday, December 31, 2020.
Councilor Cook motioned to approve the relative PAYT Trash Bag Holiday. Seconded by Councilor Edwards, the motion passed unanimously.
A. Town Council President Hilton – Joint Workshop with Planning Board October 8, 2020 at 7 pm
Councilor Hilton reminded of the workshop scheduled for 10/8/20, and that the Planner is working on a presentation.
B. Town Solicitor – Justin Katz v. Tiverton Library Board of Trustees Superior Court C.A. No. NC-2020 – 0254
Regarding the relative filing, Solicitor Marcello advised the Library Board had requested representation of him and firm. After brief discussion, it was deemed agreeable, provided the Board was separately hiring and if certain no conflict of interest to the town.
C. Town Clerk
1. Update on September 26, 2020 FTR
Clerk Mello updated that after 4 days of voting, only approximately 228 voters participated. She added that after all invoices are in, she will prepare a cost report.
2. Update on November 3, 2020 General Election
Clerk Mello noted that the emergency voting period begins Oct 14 and runs thru Nov 2 from 8:30am to 4pm where voters can vote early and in person with the same process as Election Day. She explained that due to the COVID-19 issue, only 4 polling locations will be open rather than the usual 7, as some locations were not comfortable with holding public gatherings. Official approval to use VFW for district 3301 and 3302, Ranger school for 3303, 3304 3305 and the high school for 3306 and 3307. She reiterated districts will not be combined, only the locations. She added they were having difficulty in obtaining poll workers and that 2400 mail ballot applications have already been processed.
Councilor Edwards motioned to adjourn the meeting. Councilor Cook seconded the motion. The motion passed unanimously. The meeting adjourned at 9:15 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk