STATE OF RHODE ISLAND, COUNTY OF NEWPORT
The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Meeting on
Monday, July 12, 2021 at 7:00 p.m. via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.
Members present: Council President deMedeiros, Council Vice-President Burk, Councilor Cook, Councilor Perry and Councilor Edwards. Councilors Janick and Vieira were absent.
Town Administrator Cotta, Solicitor Marcello and Town Clerk Chabot were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
Council President deMedeiros read the items on the Consent Agenda, noting that 4.A.1 June 28, 2021 minutes were not in the packet as were not ready and not included.
A. Approval of Town Council Minutes
1. June 28, 2021 – Regular Session (Councilors deMedeiros and Vieira – abstain, absent)
2. June 10, 2021 – Joint Workshop with Tiverton Planning Board, Tiverton Zoning Board of Review
and Tiverton Economic Development Commission
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Board of Canvassers (1)
2. Financial Town Hearing (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – June 2021
2. Police and Fire Department Overtime Reports – June 2021
D. Acknowledge Receipt of Correspondence
1. Susan Gill, Planning Board Chair, regarding Robert Lantz, LLC/Bill’s Sales project – referred to
Town Administrator, including response
Councilor Cook requested removal of CA 4.D.1.
Councilor Burk requested removal of CA 4.A.1.
Councilor deMedeiros removed CA 4.A.2.
Councilor Burk motioned to approve Consent Agenda items 4.B and 4.C. Councilor Perry seconded the motion. The motion passed unanimously.
Councilor Burk motioned to give the Town Clerk an additional 30 days for Consent Agenda item 4.A.1 June 28, 2021 Regular Session minutes. Councilor Perry seconded the motion. The motion passed unanimously.
Councilor Edwards motioned to approve amended Consent Agenda item 4.A.2 adding (Councilor Cook abstains, absent). Councilor Burk seconded the motion. The motion passed unanimously.
Consent Agenda item 4.D.1 was discussed in regard to input requested from the Council by the Planning Board Chair. Town Administrator gave the Council an update on the Bill’s Sales project and next steps in the process.
Councilor deMedeiros updated the Council on future group discussion with the Planning Board Chair and Vice Chair in the coming weeks to review procedures and items identified in the memo. Town Solicitor mentioned the requirements of the purchase and sale agreement and how lot merger can be accomplished as recommended by the Planner.
Councilor Burk motioned to recommend the Planning Board accept recommendation of the Planner and move forward with Preliminary Plan subject to merger of lots and meeting all legal requirements. Councilor Cook seconded the motion. The motion passed unanimously.
Councilor Edwards motioned to approve Consent Agenda items 4.D. Councilor Cook seconded the motion. The motion passed unanimously.
A. Comments received
1. Deb Hagen on behalf of Nannaquaket Neighborhood Association – regarding Narragansett Bay
Special Area Management Plan as it pertains to aquaculture development in Nannaquaket Pond
Deb Hagen summarized her comments for the Council. She asked for an audience with the Council, Harbor Commission and CRMC as part of the working group process in mapping aquaculture development in Tiverton riparian waters. Ms. Hagen has been reaching out to CRMC, URI and RI DEM.
Council President deMedeiros will place on future agenda for council to review her request.
Councilor Cook noted she attended the recent SAMP meeting.
Council President deMedeiros recently sent letter to CRMC, Town Clerk will provide to Ms. Hagen and the Council
A. Nicole Kirkos/Tiverton Land Trust – Request Approval for Sound Variance and Special Event Permit
for Pardon Gray Day on Saturday, September 18, 2021 (rain date September 19, 2021)
from 10am to 4pm – subject to meeting all legal requirements
Nicole Kirkos gave a short summary of the event, with vendors and outside music.
Council President deMedeiros opened the Public Hearing and asked multiple times if anyone from the public wished to speak. The Administrator repeated the Zoom call in numbers, multiple times and asked people to raise their hand if they wished to speak. There were none. Council President deMedeiros closed the Public Hearing
Councilor Edwards motioned to approve the Sound Variance and Special Event Permit for Pardon Gray Day on Saturday, September 18, 2021 (rain date September 19, 2021) from 10am to 4pm subject to meeting all legal requirements. Councilor Burk seconded the motion. The motion passed unanimously.
(NON-ADVERTISED)
B. Public comment and input in regard to the use of Casino Gaming Revenue for School and Municipal
Capital Expenditures – Limited to 30 minutes
School Superintendent Sanchioni stated they are receiving $600,00 less in state aid. 24.2 positions were eliminated in previous year. Tomorrow night, eight positions will be eliminated. Hard decisions have to be made, would like to see additional funds to support the schools and would like to avert more cuts next year.
Council President stated the Budget Committee included that $600,000 in the budget and understands the dilemma, but people are being taxed at the maximum of 4%.
Councilor Burk will put together a survey to ask for feedback per consensus of the council.
Councilor Edwards reiterated that dollars going to capital expenditures result in people not being taxed for those expenditures, so taxes are not going up as much.
Councilor Cook mentioned that if money is given to the schools or the library it becomes part of the maintenance of effort.
Councilor Burk stated the school funding formula is the same now as before the casino
A. Peter Lacasse/Antiques At Olde Tiverton, 1019 Main Road - Request approval of antique license,
subject to meeting all legal requirements
Councilor Edwards motioned to approve antique license for Peter Lacasse/Antiques At Olde Tiverton, 1019 Main Road, subject to meeting all legal requirements. Councilor Perry seconded the motion. The motion passed unanimously.
B. Philomena Santos-Higgins/Cystic Fibrosis Massachusetts/Rhode Island Chapter, 220 N. Main Street,
Natick, MA - Request approval of Special Event license for Cycle Ride through Tiverton on September 18, 2021 from 7:30am to 3:30pm - subject to meeting all legal requirements
Councilor Burk motioned to approve the Special Event license for Cycle Ride through Tiverton for Cystic Fibrosis Massachusetts/Rhode Island Chapter, 220 N. Main Street, Natick, MA, on September 18, 2021 from 7:30am to 3:30pm, subject to meeting all legal requirements. Councilor Perry seconded the motion. The motion passed unanimously.
A. Acknowledgement of resignation:
1. Greg Banner from Harbor Commission effective July 6, 2021
Councilor Edwards motioned to accept the resignation with regret and thank Mr. Banner for his service. Councilor Perry seconded the motion. The motion passed unanimously.
A. DPW Director Rogers - Request Permission to award contracts for HDPE Pipe to Ferguson Waterworks and for Catch Basin Frames and Grates to Seekonk Supply, Inc.
Councilor Edwards motioned to grant permission to award contracts for HDPE Pipe to Ferguson Waterworks and for Catch Basin Frames and Grates to Seekonk Supply, Inc. Councilor Perry seconded the motion. The motion passed unanimously.
B. Councilor deMedeiros – Solar Ordinance update
Council President deMedeiros provided an update on the Solar Ordinance that was drafted by the Planning Board.
Councilor Cook mentioned the need for something in the ordinance for historic sites and cranberry bogs.
Councilor Perry motioned to refer the draft Solar Ordinance to the Solicitor Marcello and Planner Siciliano for review. Councilor Cook seconded the motion. The motion passed unanimously.
C. Administrator Cotta – Landfill update
D. Administrator Cotta – Recycling Center update
E. Administrator Cotta – Onsite Wastewater update
Town Administrator requested Agenda items 9.C, 9.D and 9.E be referred to the next meeting. Landfill license has been issued.
Councilor Burk motioned to table Agenda items 9.C, 9.D and 9.E to the last meeting in July. Councilor Perry seconded the motion. The motion passed unanimously.
F. Stephanie Beebe/Save Seapowet, 543 Neck Road – requests discussion on aquaculture and area impact
Council President deMedeiros had asked Representative Edwards, Senator DiPalma and Senator Seveney to join us tonight. Representative McGaw was not available to attend.
Ms. Beebe stated she had done research and found previous discussion regarding if the town should implement an aquaculture policy and developing guidelines for aquaculture applications in Tiverton waters, is in the Comprehensive Community Plan Appendix as in development. Ms. Beebe recommends a Memorandum of Understanding between the Council, Harbor Commission and CRMC like what is in Charlestown. Ms. Beebe reviewed examples of what has happened in other towns. Tiverton is marked by CRMC as underdeveloped.
Solicitor Marcello commented that Charlestown MOU has been reviewed, Tiverton is not as conducive for aquaculture as Charlestown. CRMC controls what goes on in the water offshore for all communities. The town has been invited to participate in SAMP meeting as mentioned earlier this evening.
Ms. Beebe mentioned other scenarios concerned about and that the public is not invited. We still need to create a task force dedicated to aquaculture. Discussion ensued a RIDEM email that says the town is responsible to notify the public.
Councilor Burk stated we need the statute or regulation that says this as we know nothing about this.
Solicitor Marcello as mentioned previously, the town does get notified by CRMC, but do not receive an abutters list nor would we know who they are. If the issue is late notice, then it’s for the state to rectify.
Councilor Edwards will be drafting a Resolution and providing to the Town Council at the next meeting for discussion.
Representative Edwards noted that the legislature is out of session right now and can look at resolutions and regulations in January 2022.
Senator Seveney noted that the CRMC is a quasi-governmental agency, would be happy to look at legislation when back in session.
Senator DiPalma can look into the Oversight Committee bringing up review of CRMC sooner.
A. Town Administrator – Update on IGT legislation concerning jobs
Town Administrator mentioned that he will be getting letters out this week to IGT and Bally’s as both are required to hire additional positions per a recent change in legislation.
B. Town Clerk – Update on Financial Town Referendum (FTR)
Town Clerk stated the FTR is scheduled for Saturday at the Tiverton High School from 7:00am to 8:00pm. Early voting is on July 15 Thursday and July 16 Friday at the Town Hall from 8:30 am to 4:00 pm.
A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Tax
Assessor David Robert – Notice given
Town Administrator withdrew Agenda item 11.A.
B. Town Solicitor – Litigation – RIGL 42-46-5(a)(2) – Discussion of case status for Tiverton v. Lee Shore
Realty, et al. (Shore Road Case) CA No: NC 2016-0462
C. Town Solicitor – Litigation – RIGL 42-46-5(a)(2) – Discussion of case status for Peter McGreavy vs.
George Alzaibak CA No: NC 2021-0019
D. Town Solicitor – Litigation – RIGL 42-46-5(a)(2) – Discussion of APRA case status for Katz vs.
Tiverton
E. Town Solicitor – Litigation – RIGL 42-46-5(a)(2) – Discussion of case status for Joel Bishop et al. v.
Joan Chabot, Tiverton Town Clerk CA No: NC 2021-0188
F. Town Solicitor – Litigation – RIGL 42-46-5(a)(2) – Discussion of case status for Diane Farnworth et al. v. Tiverton, et al. CA No: NC 2021-0209
G. Town Solicitor – Litigation – RIGL 42-46-5(a)(2) – Discussion of case status for Katz v. Tiverton et al.
CA No: NC 2021-0216
Councilor Perry motioned to enter executive session for the above Closed Executive Session items 11.B, 11.C, 11.D, 11.E, 11.F and 11.G. Councilor Edwards seconded the motion. The motion passed unanimously.
The Council went into executive session at 8:53 p.m.
The Council returned from executive session at 9:34 p.m.
Council President deMedeiros reported received status update from Solicitor Marcello. No votes were taken.
Councilor Edwards motioned to seal the minutes of Executive Session, seconded by Councilor Burk.
The motion passed unanimously.
Councilor Perry motioned to adjourn, seconded by Councilor Burk. The motion passed unanimously.
The meeting adjourned at 9:35 p.m.
A True Copy.
ATTEST_______________________________
Joan B. Chabot, Town Clerk