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 23, 2021 at 7:00 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

Council President deMedeiros	Council Vice President Burk	Councilor Janick
Councilor Vieira	Councilor Cook	Council Edwards

 

Absent

Councilor Perry 
                   

Town Administrator Cotta, Solicitor DeCosta, 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. CONSENT AGENDA

A. Approval of Town Council Minutes
     1. August 10, 2021 – Regular Session (Councilor Burk abstains, absent)
     

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees

     1. Harbor Commission (8)
   

 C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – July 2021 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence

                1. Town Administrator - Minutes outstanding as of 08 16 2021

E. Approval of Tax Assessor Abatements - $ 7,157.98

 

Councilor Janick removed item E.
Councilor Burk removed items B and D.

Councilor Edwards motioned to approve Consent Agenda items 4-A and 4-C. Seconded by Councilor Vieira, the motion passed unanimously.

Re: 4-B, Councilor Burk expressed concern over the lack of progress on the Harbor Management Plan, despite being on repeated meeting agendas. He believed the Commission should be encouraged to finish process by mid-October. Councilor deMedeiros noted item would be discussed at an upcoming meeting between herself, Administrator Cotta, the two Council liaisons Councilor Cook and Vieira, and Harbor Chair Bruce Cox.

Councilor Burk motioned to approve 4-B. Seconded by Councilor Edwards, the motion passed unanimously.

Re: 4-D, Councilor Burk expressed his appreciation for Administrator Cotta distributing the memo and for Councilor Cook’s efforts.

Councilor Burk motioned to approve 4-D. Seconded by Councilor Janick, the motion passed unanimously.

Re: 4-E, Councilor Janick reminded citizens that veterans are eligible for exemptions. Councilor Cook added that hardship exemptions are also available. Councilor Edwards questioned the large $6k+ abatement item. Assessor Robert explained cause was due to an incorrect land classification on excess land. He added that he was planning on a revaluation update at an upcoming meeting likely in October.   

Councilor Edwards motioned to approve 4-E. Seconded by Councilor Burk, the motion passed unanimously.

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

A. Comments received – Anabela Kamps, 912 Bulgarmarsh – Formal request to Town Council to send
     notice to State Traffic Commission to lower speed limit on State Road 177 from 40mph to 25mph and
     to put in sidewalks on south and north sides of road

 

Police Chief Jones explained that being a state road, Ms. Kamps would need to petition the State Traffic Commission to engage in a study, and the TPD would then be advisory to the state. He noted there were three traffic control devices already in place on the road.  Chief Jones agreed to contact Ms. Kamps to explain the traffic commission petition process. 

 

6. BOARD OF LICENSING

(ADVERTISED)

 

A. Jim Long/Sports Kitchen, LLC, 300 Industrial Way

     1. Approval of Liquor license expansion - subject to meeting all legal requirements

     2. Approval of Entertainment license expansion – subject to meeting all legal requirements

 

After brief discussion, the Council had additional questions regarding area, capacity, parking, etc. As applicant Jim Long was not present, it was agreed to continue until the 9/13/2021 meeting and request Mr. Long’s presence.

Councilor deMedeiros opened the hearing for public comment. There was none.

Councilor Burk motioned to continue the aforementioned license requests until the 9/13/2021 meeting. Seconded by Councilor Edwards, the motion passed unanimously.

(NON-ADVERTISED)

 

B. Patricia Campion/Amicable Congregational Church, 3736 Main Road – Approval of special event
     license for 20th Anniversary 9/11 Memorial Concert on September 11, 2021 from 3:00pm – 4:30pm

 

Councilor Edwards motioned to approve the aforementioned special event license. Seconded by Councilor Vieira, the motion passed unanimously.

7. APPOINTMENTS AND RESIGNATIONS

A. Harbor Commission - (9) Member Board, (2) Year Terms, (3) Vacancies
         (2 expiring 7/15/2021 and 1 unexpired term 7/15/2022)
     1. Charles E. Lawrence, 108 Long Pasture Way - Request re-appointment to expire 7/15/2023
     2. Andrew Sumberg, 123 Winnisimet Drive - Request re-appointment to expire 7/15/2023
     3. Clint Clemens, 451 Seapowet - Request appointment to expire 7/15/2022 (unexpired term)
     4. Bill Thompson, 362 Seapowet - Request appointment to expire 7/15/2022 (unexpired term)

Applicants Charles Lawrence and Andrew Sumberg were interviewed by Council. (Applicants Clint Clemens and Bill Thompson were interviewed at the previous meeting).  Mr. Lawrence noted he had been on the commission for about 10 years and has lead the Town’s water quality program. Additionally, his area of expertise was in climatology, and he had prepared a preliminary plan to delineate the regions in town that could potentially be flooded and inaccessible by fire trucks. Mr. Sumberg, a commission member for 2 years, and a lifelong water sports enthusiast, was interested in helping to preserving Tiverton’s water access.

Councilor Cook reiterated the importance of getting the Harbor Management Plan completed. Both applicants, in full agreement, expressed their commitment to assist in achieving this goal.

Councilor deMedeiros noted that per the Charter, at least one Harbor Commission member must also be a Planning Board member, and currently that requirement was not satisfied. She added there were Planning Board vacancies.

Councilor Edwards furthered that the Charter and Chapter 14 of the Code contain contradicting sections on the number of members (9 v. 11), as well chapter 14 calling for a member of the council to be on the commission. Stressing that the Charter is the senior document, he suggested looking into the discrepancies with a view toward ensuring the intent and spirit of the Charter and Chapter 14 are followed. He remarked this should include an appointment from the Planning board and possibly the Town Council as well as bringing the Charter, Chapter 14 and the Harbor Management Plan into alignment with each other. 

Due to these discrepancies and advice of the Solicitor, it was decided the appointments be held until the next meeting on 9/13/2021.

Councilor Burk motioned to table any action on Harbor Commission appointments until the 9/13/2021 meeting. Seconded by Councilor Edwards, the motion passed unanimously.

                B. Newport and Bristol County Convention and Visitors' Bureau per RIGL 42-105-2 (v)
                      (1) Tiverton representative, (3) Year Terms, (1) Vacancy
                    1. Christine Klase, 131 Barnswallow Street - Request re-appointment to expire 7/15/2024
                    2. Christine Francis, 3842 Main Road - Request appointment to expire 7/15/2024

Interviews of the applicants were conducted at the previous meeting on 8/10/2021.

Councilor Edwards motioned to appoint Christine Francis as Tiverton representative to the Newport and Bristol County Convention and Visitors' Bureau for a three year term to expire 7/15/2024. Seconded by Councilor Vieira, the motion passed unanimously.

8. GENERAL BUSINESS

A. Councilor Burk - Reports on Beach (Melissa Devolve, Beach Coordinator) and Summer Recreation
     (Catie Jones, Summer Recreation Coordinator) Programs

Councilor Burk invited Melissa Devolve and Catie Jones to provide updates on the Beach and Summer Recreation programs. Ms. Devolve highlighted the tremendous efforts of Beach staff especially in handling occasional unruly citizen behavior. Most incidences were related to beach fees or inability to prove residency. She also noted concerns of rodent and hornet infestation in the Fogland gatehouse. 

Ms. Jones relayed there were only 27 kids for the Recreation program, much smaller than previous years. Activities included daily dodge ball, arts and crafts, water fun that included a day when fire trucks came to spray water, as well as a pizza party on the last day. She noted that art supplies and sports equipment were few and in poor condition. She also mentioned the Pocasset baseball shed door was virtually impossible to open.   

Council thanked both for their service and the update.  

B. Town Administrator – Request permission to advertise and hire a part time clerk for the Senior Center

Councilor Janick motioned to authorize permission to advertise and hire a part time clerk for the Senior Center. Seconded by Councilor Edwards the motion passed unanimously.

                C. DPW Director Rogers – Request Transfer of $64,000 from Personnel Services Acct #5540-5101 to
                   Bulldozer Repairs Acct #5530-7645

 

Director Rogers noted the process of diagnosing and estimating repairs began in early June. The $64k estimate includes a $4k amount for unscheduled repairs that may arise after the dozer is dissembled during repair.

 

Councilor Edwards motioned to approve the transfer of $64,000 from Personnel Services Acct #5540-5101 to
Bulldozer Repairs Acct #5530-7645. Seconded by Councilor Vieira, the motion passed unanimously.

9. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

                A. Councilor Burk – Update on Casino Gaming Revenue Survey

Administrator Cotta remarked about a few hiccups on survey company selection, but it was now imminent for the effort to gather public opinion on the gaming revenue.    

 

                B. Council President deMedeiros – Discussion regarding council member participation in scheduling
                   future agenda items

 

In an effort to get more business on the agenda, Council President deMedeiros reminded fellow Councilors to submit agenda requests to the Clerk for the bi-weekly agenda meeting that occurs every Tuesday prior to the meeting.

 

10. CLOSED EXECUTIVE SESSION

                A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for DPW
                     Director Richard F. Rogers – Notice given

 

Councilor Burk motioned to enter executive session pursuant RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for DPW Director Richard F. Rogers – Notice given. Councilor Vieira seconded the motion, the motion passed unanimously.

 

                B. Town Administrator – RIGL 42-46-5(a)(2) – Closed session related potential litigation regarding the
                     assessment of casino property

 

Councilor Burk motioned to enter executive session pursuant to RIGL 42-46-5(a)(2) – Closed session related potential litigation regarding the assessment of casino property. Councilor Edwards seconded the motion, the motion passed unanimously.

 

Council entered closed executive session at approximately 8:33 p.m.

 

Council returned to open session at approximately 9:18 p.m.

 

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

 

Council President deMedeiros reported no votes taken in executive session, discussion only.

 

11. ADJOURNMENT

Councilor Janick motioned to adjourn the meeting. Councilor Burk seconded the motion. The motion unanimously passed. The meeting adjourned at 9:20 p.m.

 

A True Copy.

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk