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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, November 28, 2022, 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
Council Councilor Janick
Councilor Edwards
Councilor Cook
Councilor Perry
Councilor Vieira
Solicitor Marcello, Town Clerk Chabot, and Deputy Clerk Veegh were also present.
Councilor Burk motioned to move items 4-A and 4-B forward. Seconded by Councilor Edwards, the motion passed unanimously.
4. REGULAR MEETING: (Retiring Town Councilors)
A. Approval of Town Council Minutes
1. November 14, 2022 – Regular Meeting
2. November 14, 2022 – Executive Session
Councilor Burk removed 4-A-1 from the Consent Agenda, asking for a minor correction to strike the words “The public hearing was closed” from the second paragraph under item 6-D.
Councilor Burk motioned to strike the words “The public hearing was closed” from item 6-D. Seconded by Councilor Vieira, the motion passed unanimously.
Councilor Burk motioned to approve items 4-A-1 as amended and 4-A-2. Seconded by Councilor Vieira, the motion passed unanimously.
B. Brief Closing Remarks and Acknowledgement of Appreciation by Departing Town Councilors
Councilors Vieira and Cook took the opportunity to give brief departing statements, each thanking town employees and staff as well as wishing the incoming councilors good luck.
Representative John G. Edwards IV then honored Ms. Cook and Mr. Vieira with House citations on behalf of the General Assembly, Speaker Shekarchi, and Majority Leader Blazejewski.
Swearing in of William S. Bailey III as Tiverton Fire Chief
Council President deMedeiros swore in William S. Bailey III as the new Tiverton Fire Chief. Fire department members and fire chiefs and officers from several area towns turned out to witness the event.
Council President deMedeiros called for a five-minute break to allow for photo opportunities.
5. SWEARING IN CEREMONY
A. Swearing-in of Newly Elected Officials
Town Councilors, Town Clerk, Probate Court Judge, Town Sergeant and Budget Committee
members
Representative John G. Edwards IV swore in new council members Denise deMedeiros, Michael Burk, Jay P. Edwards, Deborah Janick, Joseph Perry, John G. Edwards V., and Dennis J. Milbourne, as well as Town Clerk Joan B. Chabot, Town Sergeant Kevin D. Noyes, and Probate Court Judge Richard P. D’Addario.
6. REGULAR MEETING: (Newly Elected Town Council)
Joan B. Chabot, Town Clerk:
Town Clerk Chabot began the regular meeting and conducted the roll call of the newly elected Town Council.
A. Roll Call of Newly Elected Town Council
Denise deMedeiros, Michael Burk, Joseph C. Perry, Jay P. Edwards, Deborah Janick,
John G. Edwards V, Dennis Milbourne
All members were present.
B. Conduct Election of Town Council President
Clerk Chabot conducted the election of the Town Council President, asking for nominations.
Councilor Jay P. Edwards nominated Denise deMedeiros to serve as Council President.
Councilor Joseph Perry nominated John G. Edwards V. to serve as Council President.
A roll call vote was taken. Denise deMedeiros, Michael Burk, Jay P. Edwards, Deborah Janick, and Dennis J. Milbourne voting for Denise deMedeiros:. John G. Edwards V. and Joseph Perry voting for John G. Edwards V. The vote was 5-2, in favor of Denise deMedeiros.
A. Election of Town Council Vice President
Council President deMedeiros asked for nominations for Town Council Vice President.
Council President deMedeiros nominated Michael Burk to serve as Council Vice President.
Councilor Joseph Perry nominated John G. Edwards V. to serve as Council Vice President.
A roll call vote was taken. Denise deMedeiros, Michael Burk, Jay P. Edwards, Deborah Janick, and Dennis J. Milbourne voting for Michael Burk. John G. Edwards V. and Joseph Perry voting for John G. Edwards V.
The vote was 5-2, in favor of Michael Burk.
BUSINESS BROUGHT BEFORE THE COUNCIL
President deMedeiros read the items on the Consent Agenda.
7. CONSENT AGENDA
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. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Historic Preservation Advisory Board (2)
2. Planning Board (2)
3. Litter Control (1)
B. Acknowledge Receipt of Reports
1. Treasurer Saurette – October 2022 Budget and Revenue Reports
C. Acknowledge Receipt of Correspondence
1. Letter from Amaury Valliant-Baez re: gunshot noise
2. Letter from AG Miranda re: unpaved portion of Captains Circle
3. Letter from John M. Albani, LT US Navy re: request for active military exemption/exception to STR
ordinance amendment
D. Approval of Tax Assessor Abatements – $2,007.24
E. Approval of License Renewals – Non-Advertised (December 1, 2022 to November 30, 2023)
Tobacco Dealers License Renewals
Victualling License Renewals
Holiday License Renewals
Antique License Renewals
Councilor Burk removed item 7-E. Holiday License Renewal for Sakonnet River Outfitters to be combined with item 10-D-2 (Sakonnet River Outfitters).
Councilor Edwards motioned to approve the remaining Consent Agenda items. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Burk motioned to hold item 7-E. Holiday License Renewal for Sakonnet River Outfitters to be combined with item 10-D-2 (Sakonnet River Outfitters). Seconded by Councilor Edwards, the motion passed unanimously.
President deMedeiros called for a brief break.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
A. None
9. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Four Corners Arts Center/Roslyn Weir, 28 East Road (Plat 706/Lot 111) aka 3850 Main Road –
Requests approval of Entertainment License – Subject to meeting all legal requirements (Cont. from
11/14/2022)
Discussion continued from the November 14, 2022 meeting relative to parking availability and hours of operation on various days and times.
Councilor Edwards motioned to approve the entertainment license for Four Corners Arts Center/Roslyn Weir, 28 East Road (Plat 706/Lot 111) aka 3850 Main Road, subject to meeting all legal requirements and occupancy not to exceed 130 persons. Seconded by Councilor Perry, the motion passed unanimously.
10. BOARD OF LICENSING– Discussion and possible vote
A. Bhadresh Patel/Nenniya Inc. d/b/a Stateline Tobacco, 29 Stafford Road – Request approval for
Tobacco Dealer and Holiday license, subject to meeting all legal requirements
Councilor Edwards V motioned to approve the Tobacco Dealer and Holiday license for Bhadresh Patel/Nenniya Inc. d/b/a Stateline Tobacco. Seconded by Councilor Janick, the motion passed unanimously.
ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2022 to November 30, 2023)
Council President deMedeiros opened the public hearing.
B. Junkyard and Second Hand Dealer License
1. Arnold’s Auto Parts, 1484 Crandall Road
2. General Auto Recycling, Inc., 384 King Road
3. Lagasse Salvage Yard, 20 Cory’s Lane
4. Tiverton Auto Parts, Inc., 541 Bulgarmarsh Road
5. Sanford & Son LTD, 104 Cynthia Avenue
Council President deMedeiros asked if anyone would like to speak for or against; no response.
Councilor Perry motioned to approve the Junkyard and Second Hand Dealer license renewals as listed. Seconded by Councilor Edwards V, the motion passed unanimously.
C. Liquor License Renewals
CLASS A – Liquor Stores - ($1000)
1. Chandni, Inc. d/b/a Tiverton Liquors, 65 Main Road
2. Nimraj, Inc. d/b/a Crossroad Liquors Inc. 1540 Bulgarmarsh Road
3. Smittom Inc. d/b/a Stone Bridge Liquors 2490 Main Road
Council President deMedeiros asked if anyone would like to speak for or against; no response.
Councilor Edwards motioned to approve the Class A Liquor license renewals as listed. Seconded by Councilor Edwards V, the motion passed unanimously.
CLASS BV– Full Liquor License - ($800)
1. Black Goose Company d/b/a Black Goose Café, 2160 Main Road
2. Evelyn’s Nanaquaket Drive-In, Inc., 2335 Main Road
3. Foodworth Inc., d/b/a Atlantic Sports Bar & Restaurant, 70 Shove Street
4. Localz Burgers & Cocktails, 4 Stafford Road
5. Macray’s Seafood II Inc. d/b/a Macray’s Seafood, 115 Stafford Road
6. Newport Harbor Corp d/b/a The Boat House Restaurant LLC, 227 Schooner Drive
7. Riptide Sports Grille Inc., 1 Bay Street
8. Sakonnet River Grille, 524 Main Road
9. Silva Brothers Inc. d/b/a Barcello’s Family Restaurant, 1214 Stafford Road
10. Spring Restaurant, Inc., 118-120 Main Road
11. Susan’s Restaurant Inc. d/b/a Wally’s Tap House, 13 Crandall Road
12. Dory Go, Inc. d/b/a The Red Dory, 1848 Main Road
13. Everette Lane Inc. d/b/a Family Ties, 221 Main Road
14. Sports Kitchen LLC, 300 Industrial Way
15. Buddies & Brothers, Inc., 77 Main Road
Council President deMedeiros asked if anyone would like to speak for or against; no response.
Councilor Burk noted that The Red Dory had a couple of expired tips certifications, Buddies & Brothers had a request for a 2:00 AM closure and added that Sports Kitchen’s first-floor service is for beer and wine only.
Councilor Burk motioned to approve items 1-13 under CLASS BV– Full Liquor License. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Burk motioned to approve item 14 under CLASS BV for Sports Kitchen LLC, with the stipulation that beer and wine be served and imbibed on the first floor only. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Burk motioned to approve item 15 under Class BV for Buddies & Brothers, Inc., with the stipulation that the license conforms to Ordinance 6-2, subsection C. Seconded by Councilor Edwards V, the motion passed unanimously.
CLASS BVL – Limited Liquor License ($400)
1. Classic Pizza Inc., 495 Main Road
2. Jacky’s Galaxie Tiverton, Inc., 777 Tiverton Casino Blvd.
3. Restiv LLC d/b/a Four Corners Grille, 3841 Main Road
4. Groundswell Café & Bakery LLC, 3883 Main Road
Council President deMedeiros asked if anyone would like to speak for or against; no response.
Councilor Edwards V motioned to approve the CLASS BVL – Limited Liquor license renewals as listed. Seconded by Councilor Burk, the motion passed unanimously.
CLASS BT – Bed and Tavern - ($800)
1. Senior Lifestyle Sakonnet Bay, LP d/b/a Brookdale Sakonnet Bay 1215 Main Road
Council President deMedeiros asked if anyone would like to speak for or against; no response.
Councilor Edwards V motioned to approve the CLASS BT – Bed and Tavern license renewal as listed. Seconded by Councilor Janick, the motion passed unanimously.
CLASS D –Unlimited Club Licenses ($200)
1. Bayview Holy Ghost Citizens Club, 66 Bottom Street
2. Woodrow L. Silvia Post Home Association, Inc., 134 Shove Street
Council President deMedeiros asked if anyone would like to speak for or against; no response.
Councilor Burk motioned to approve the CLASS D –Unlimited Club license renewals as listed. Seconded by Councilor Edwards V, the motion passed unanimously.
CLASS BC – Casino - ($2,500)
1. Twin River - Tiverton LLC d/b/a Bally’s Casino & Hotel, 777 Casino Blvd.
Council President deMedeiros asked if anyone would like to speak for or against; no response.
Councilor Edwards V motioned to approve the CLASS BC – Casino license renewal as listed. Seconded by Councilor Burk, the motion passed unanimously.
D. Indoor Shooting Range Renewals
1. Tiverton Rod & Gun Club, 1529 Fish Road
2. East Bay Ammunition LLC d/b/a Sakonnet River Outfitters, 777 Main Road
Council President deMedeiros asked if anyone would like to speak for or against.
Resident Brett McQuale voiced concern over an increased frequency and sounds of gunshot noise he and his wife hear from nearby Sakonnet River Outfitters. Council President deMedeiros said more complaints have been received in recent months.
Sakonnet River Outfitters owner, Joseph Runci, affirmed that nothing has changed with the frequency of hours or gun type usage that would cause an increase in frequency or sound decibels. He noted that the former owner had a dB check that had passed with flying colors, offering to conduct another test.
Councilor Edwards V asked if there were police records or other substantiation of other complaints. Council President deMedeiros responded that neighbors will email on occasion. Councilor Janick remarked that no one came to speak when the previous license transfer and subsequent extended hours’ public hearings were held.
Councilor Milbourne queried if additional insulation or other means be utilized to minimize noise. Mr. Runci offered to install additional insulation and hang rubber mats to help muffle sound.
Councilor Edwards V remarked that the Town should not be licensing shooting ranges at all due to liability risk. He expressed concern that East Bay Ammunition was singled out when gun noise is heard throughout Tiverton from the Rod and Gun Club.
A few members of the public approached to mention that they lived nearby but did not hear noise from the range.
Councilor Burk motioned to approve the Indoor Shooting Range renewal for Tiverton Rod & Gun Club. Seconded by Councilor Perry, the motion passed unanimously.
Councilor Edwards V motioned to approve the Indoor Shooting Range and Holiday License renewals for East Bay Ammunition LLC d/b/a Sakonnet River Outfitters. Seconded by Councilor Perry, the motion passed 6-1, with Councilor Burk opposed.
NON ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2022 to Nov. 30, 2023)
E. Approval of Entertainment Licenses
1. Foodworth Inc. d/b/a Atlantic Sports Bar and Restaurant, 70 Shove Street
2. Bayview Holy Ghost Citizen’s Club, 66 Bottom Street
3. Sandywoods Farm, Inc., 43 Muse Way
4. Spring Restaurant, 118-120 Main Road
5. Localz Burgers & Cocktails, 4 Stafford Road
6. Twin River - Tiverton LLC d/b/a Bally’s Casino & Hotel, 777 Casino Blvd.
7. Silva Brothers, Inc./Barcello’s Family Rest. 1214 Stafford Road
8. Senior Lifestyle /Brookdale Sakonnet Bay LP, 1215 Main Road
9. Susan’s Restaurant, Inc. d/b/a Wally’s Tap House, 13 Crandall Road
10. Riptide Sports Grille Inc. d/b/a Riptide, 1 Bay Street
11. VFW/Woodrow L. Silvia, 134 Shove Street
12. Buddies & Brothers, Inc, 77 Main Road
13. Sports Kitchen, LLC, 300 Industrial Way
Council President deMedeiros asked if anyone would like to speak for or against; no response.
Councilor Burk motioned to approve the Entertainment License renewals as listed. Seconded by Councilor Edwards V, the motion passed unanimously.
F. Mobile Home-Park License Renewals
Due to issues with the majority of the mobile home parks, it was decided to consider each individually.
Council President deMedeiros asked if anyone would like to speak for or against; no response.
1. Dadson Mobile Home Owners Assoc. d/b/a Dadson Mobile Estates, 301 Bulgarmarsh Road
Building Official Hoyle remarked there has been an ongoing and unresolved septic system issue cited by the Department of Environmental Management (RI DEM) over a year and a half ago. However, it was out of the jurisdiction of the building department. Council President deMedeiros stated the Town Administrator had previously consulted with the owner who was to rectify the issue. They had been given two previous six-month extensions, but the matter was not resolved. Councilor Janick reminded that residents would be impacted if the license was not renewed. After continued discussion, it was decided to give them a three-month extension only, to allow the Administrator to contact owners and RI DEM for resolution.
Councilor Edwards V motioned to approve the Dadson Mobile Homeowners Assoc. Mobile Home-Park license renewal for three months and refer to Town Administrator to work with RI DEM on a solution. Seconded by Councilor Burk, the motion passed unanimously.
2. Four Seasons Mobile Home Association, 225 Brayton Road
Councilor Burk motioned to approve the license renewal for Four Seasons Mobile Home Association. Seconded by Councilor Edwards, the motion passed unanimously.
3. Heritage Home Park Cooperative Inc., 100 Heritage Park
Building Official Hoyle said a recent inspection revealed numerous violations of the minimum housing code as well as garbage accumulation and unregistered vehicles. Mr. Hoyle suggested also a reduced three-month extension to allow time to contact the association to work on compliance.
Councilor Burk motioned to approve the Heritage Home Park Cooperative, Inc. Mobile Home-Park license for a three-month extension and refer building official to work with owners to come into compliance with minimum housing standard issues. Seconded by Councilor Edwards V, the motion passed unanimously.
4. Pachet Brook Park Inc., 4502 Main Road
Building Official Hoyle remarked a recent inspection revealed an accumulation of abandoned vehicles, debris, and garbage. Mr. Hoyle suggested another reduced three-month extension to allow time to contact the association to work on compliance.
Councilor Perry motioned to approve the Pachet Brook Park Inc. Mobile Home-Park license for a three-month extension and refer building official to work with owners to address violations. Seconded by Councilor Edwards, the motion passed unanimously.
G. Manufactured Home Elderly Community License Renewal
1. Hometown Countryview LLC d/b/a Countryview Estates, 213 Hurst Lane
(Planning Board Recommendation)
Council President deMedeiros asked if anyone would like to speak for or against.
Countryview Citizens Association’s treasurer Mike Carreiro addressed Council, again requesting Town assistance as he did at the November 14, 2022 meeting, to resolve ongoing concerns with maintenance at Countryview Estates by Hometown America. He furthered that Hometown America is obligated to the zoning code and the senior citizens that live there.
Building Official Hoyle stated that he and interim Planner Ashley Sweet conducted a recent site visit and found no obvious evidence of issues related to building or safety. Mr. Carreiro asked, pursuant to his original request, that another visit be scheduled so the list of issues could be pointed out. It was agreed that Mr. Carreiro would contact Mr. Hoyle to set up a meeting.
Clerk Chabot noted the Planning Board recommendation had not been received for the Manufactured Home Elderly Community or the Quarry License renewal, as required, adding the recommendations were scheduled for the Planning Board’s December 6, 2022 meeting.
Councilor Edwards V motioned to approve the Manufactured Home Elderly Community license renewal for Hometown Countryview LLC d/b/a Countryview Estates, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.
H. Quarry
1. Helger Bros. Sand & Gravel, LLC, 1764 Crandall Road
(Planning Board Recommendation)
Council Vice President Burk asked if anyone would like to speak for or against; no response.
Councilor Edwards V motioned to approve the Quarry license renewal for Helger Bros. Sand & Gravel, LLC, subject to meeting all legal requirements. Seconded by Councilor Edwards, the motion passed unanimously. (Note: Councilor deMedeiros did not vote, had stepped away).
I. Petroleum Storage License Renewals
1. Andrew E. Snider, 605 Neck Road
2. Tiverton Department of Public Works, 50 Industrial Way
3. Ferrell Gas Inc, 896 Fish Road
4. Santa Energy d/b/a Inland Fuel Terminals, 25 State Avenue
5. American Dream of Tiverton d/b/a American Dream Gas, 400 Main Road
6. Philip Viveiros d/b/a Phil’s Propane Inc, 477 Crandall Road
7. SK Properties-Kingfisher Housing Assoc, 40 Alicia Circle
8. Tiverton Marina d/b/a Standish Boatyard, Inc. 1697 Main Road
9. SGA Inc., d/b/a George’s Gas & Service Station, 1215 Stafford Road
10. Twin River - Tiverton LLC d/b/a Bally’s Casino & Hotel, 777 Casino Blvd.
11. Joe’s Kwik Marts LLC, 1308 Stafford Road
12. Tiverton Petroleum, LLC d/b/a Quick Fuel Stop, 861 Main Road
13. Tiverton Sun, 497 Main Road
Council Vice President Burk asked if anyone would like to speak for or against; no response.
Councilor Edwards motioned to approve the Petroleum Storage license renewals as listed. Seconded by Councilor Perry, the motion passed unanimously. (Note: Councilors deMedeiros and Edwards V did not vote, had stepped away).
J. Fireworks License Renewals
1. East Lake Variety, Inc., 750 East Road
2. Tiverton Convenience Point Inc. d/b/a Stateline Tobacco, 29 Stafford Road
3. SFS Corp, d/b/a Elaine’s Country Store, 1204 Fish Road
4. NIMRAJ Inc./Crossroads Liquors, 1540 Bulgarmarsh Road
5. Rachel McGarty d/b/a RAMCO, 1560 Bulgarmarsh Road
6. Step by Step Convenience Inc. 429 Main Road
7. Hobby Center, LLC/Fireworks Connection, 34 Main Road
Council Vice President Burk asked if anyone would like to speak for or against; no response.
Councilor Edwards motioned to approve Fireworks license renewals #’s 1-4, 6 and 7. Seconded by Councilor Janick, the motion passed unanimously. (Note: Councilor deMedeiros did not vote, had stepped away).
Councilor Edwards V motioned to approve Rachel McGarty d/b/a RAMCO Fireworks license renewal. Seconded by Councilor Edwards, the motion passed unanimously. (Note: Councilor deMedeiros did not vote, had stepped away and Councilor Perry did not vote, recused).
K. Flea Market License Renewal - Route 177 Flea Market, 1560 Bulgarmarsh Road
1. Ronald Falcon d/b/a Route 177 Flea Market, 1560 Bulgarmarsh Road
Council Vice President Burk asked if anyone would like to speak for or against; no response.
Councilor Edwards V motioned to approve Ronald Falcon d/b/a Route 177 Flea Market Flea Market license renewal. Seconded by Councilor Janick, the motion passed unanimously. (Note: Councilor deMedeiros did not vote, had stepped away and Councilor Perry did not vote, recused).
11. GENERAL BUSINESS
Councilor Edwards motioned to move item 11-B forward. Seconded by Councilor Janick, the motion passed 5-2, with Councilors Edwards V and Perry opposed.
B. Council Vice President Burk - Discussion and possible vote on developing process for consideration of
temporary and permanent displays on public property
Council Vice President Burk briefly explained that as there was no formal process, an ordinance to consider temporary and permanent displays on public property should be considered.
Councilor Edwards V motioned to direct Solicitor to work with Vice President Burk to draft an ordinance for Council consideration. Seconded by Councilor Edwards, the motion passed unanimously.
A. Carl Ferreira/Ryan Heath/Megan Heath – Discussion and possible vote to approve proposed
Memorial at Fogland Beach for late Tiverton Resident George Heath
Resident Carl Ferreira explained the intent to place a granite slab bench as a memorial for George Heath, lifelong Tiverton resident who lost his life on May 10, 2016, in an effort to save a pregnant waitress as she was attacked by an unstable man.
Councilor Edwards V motioned to approve the memorial as proposed by Mr. Ferreira and the decedent's children and that Recreation work with the parties to find a suitable location on land that Recreation controls, subject to full private funding, including setting aside an amount to be determined by the Administrator and Solicitor for future maintenance. Seconded by Councilor Janick, the motion passed unanimously.
C. Recreation Commission Chair Gilfillen - Discussion and possible vote for approval of Tree Lighting
Ceremony at Fort Barton/Town Hall on December 3, 2022 from 2 to 9 pm and Menorah lighting at
Town Hall on December 18-26, 2022
Councilor Edwards V motioned to approve Recreation’s request. Seconded by Councilor Burk, the motion passed unanimously.
D. Council Vice President Burk - Discussion and possible vote on reviewing Zoning Ordinances, including
permissible locations, for recreational marijuana retail shops
Council Vice President Burk explained in light of the affirmative vote of Tiverton residents to allow recreational marijuana stores, the process of examining zoning ordinances to determine where such shops should be permitted, should begin.
Councilor Burk motioned to direct Solicitor to review zoning ordinances to recommend to Council possible locations for recreational marijuana retail shops if they ever come to fruition. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Edwards V opposed.
E. Police Chief Jones – Discussion and possible vote to accept USDA Rural Emergency Healthcare
Grant award for $505,948.00
Councilor Edwards motioned to accept the USDA Rural Emergency Healthcare Grant award for $505,948.00. Seconded by Councilor Edwards V, the motion passed unanimously.
F. DPW Director Rogers – Discussion and possible vote to approve MTG Disposal, LLC trucking charge to
RIRRC (estimated $4,986) for the month of December 2022
Councilor Edwards V motioned to approve MTG Disposal, LLC trucking charge to RIRRC (estimated $4,986) for the month of December 2022. Seconded by Councilor Edwards, the motion passed unanimously.
G. DPW Director Rogers – Discussion and possible vote to approve MTG Disposal, LLC contract extension
for the period of January 1, 2023 thru June 30, 2023
Councilor Janick motioned to approve MTG Disposal, LLC contract extension for the period of January 1, 2023 thru June 30, 2023 and direct DPW or Administrator to prepare bid specs. Seconded by Councilor Burk, the motion passed unanimously.
H. DPW Director Rogers – Discussion and possible vote to approve budget transfers:
1. $1,500 from Acct 5540-5101 DPW Maint Workers to Acct 5540-7325 Highway Signs
2. $50 from Acct 5540-5101 DPW Maint Workers to Acct 5530-6912 Electricity & Propane
3. $100 from Acct 5540-5101 DPW Maint Workers to Acct 5130-6653 Tool/Equip Replacement
4. $1,700 from Acct 8840-6749 Preventative Maint to Acct 8840-6760 Rec Area Port-a-Johns
Councilor Janick motioned to approve the budget transfers as listed. Seconded by Councilor Edwards V, the motion passed unanimously.
I. DPW Director Rogers – Discussion and possible vote to extend FY2020-FY2022 contract for PAYT trash
bags with Wastezero, Inc. for two 6 month time periods (11-27-22 thru 5-26-23) and (5-27-23 thru 11-
26-23)
Councilor Burk motioned to extend FY2020-FY2022 contract for PAYT trash bags with Wastezero, Inc. for two 6-month time periods (11-27-22 thru 5-26-23) and (5-27-23 thru 11-26-23). Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Edwards V opposed.
J. DPW Director Rogers - Discussion and possible vote to change allowable location for donation
containers and revision of applicable Ordinance section
Councilor Burk motioned to table item 11-J until next meeting on December 12, 2022 to allow Solicitor time to work with DPW Director to draft an ordinance for review. Seconded by Councilor Edwards, the motion passed unanimously. (Note: Councilor Milbourne did not vote, had stepped away).
K. Town Solicitor Marcello - Update on Case No. NC-2021-0209 Diane M. Farnworth and Deborah A.
Pallasch v. Town of Tiverton
Solicitor Marcello explained that as the town has now amended the budget process through the Charter Amendment, the case has become moot. Plaintiff's attorney had agreed to file a voluntary dismissal. Resident Justin Katz, who had filed an identical companion case, was considering filing a dismissal as well.
L. Administrator Cotta - Discussion and possible vote to approve proposed fiscal impact statement to
existing contract to become effective 12/14/2022 for Police Chief Jones
M. Administrator Cotta - Discussion and possible vote to approve proposed fiscal impact statement to
existing contract to become effective retroactive to 10/21/2022 for Deputy Police Chief Costa
As the Administrator Cotta was absent, items 11-L and 11-M would be tabled.
Councilor Burk motioned to table items 11-L and 11-M until the next meeting on December 12, 2022. Seconded by Councilor Edwards, the motion passed unanimously.
N. Discussion and possible vote to approve Council Resolution Requesting Legislation for Validating and
Ratifying Amendments to the Tiverton Home Rule Charter as Voted on at the General Election held
November 8, 2022
Solicitor Marcello recommended this as a procedural step to have ratification by the General Assembly to make a super law under Rhode Island law.
Councilor Burk motioned to approve Council Resolution Requesting Legislation for Validating and Ratifying Amendments to the Tiverton Home Rule Charter as Voted on at the General Election held November 8, 2022. Seconded by Councilor Edwards, the motion passed unanimously.
12. ANNOUNCEMENTS
A. Council President deMedeiros – Scheduling of Special Council meeting regarding allocation of Casino
gaming and APRA funds on January 17, 2023
Council President deMedeiros noted discussions are needed for casino revenue allocation and APRA funds. Council agreed to schedule a meeting on January 17, 2023
13. EXECUTIVE SESSION
A. Town Administrator - 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Police Chief
Patrick Jones - Notice given
B. Town Administrator - 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Deputy
Police Chief James Costa - Notice given
Agenda items 13-A and 13-B were tabled without objection.
Councilor Edwards motioned to amend the agenda to add an item for executive session under 13-C, pursuant to RIGL 42-46-6(b), under RIGL 42-46-5(a)(5) related to the disposition of publicly held property, more specifically the Tiverton Business Park, for discussion only. Seconded by Councilor Burk, the motion passed unanimously.
Council entered closed executive session at approximately 10:30 p.m.
Council returned to open session at approximately 10:40 p.m.
Councilor Edwards V motioned to seal the minutes of the Executive Session. Councilor Burk seconded the motion. The motion passed unanimously.
Solicitor Marcello reported discussion only, no action, and no votes were taken in executive session.
14. ADJOURNMENT
Councilor Perry motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 10:41 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, Town Clerk