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 Tuesday, October 11, 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

Councilor Janick
Councilor Edwards

Councilor Cook

Councilor Perry

 

Absent
Councilor Vieira

Town Administrator Cotta, Solicitor Marcello, Town 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

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 12, 2022 – Regular Meeting (Councilor Burk abstains, absent)

    2. September 12, 2022 – Executive Session (Councilor Burk abstains, absent)

    3. September 28, 2022 – Regular Meeting (Councilor Vieira abstains, absent)

    4. September 28, 2022 – Executive Session (Councilor Vieira abstains, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Economic Development Commission (1)

 

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – September 2022

     2. Town Administrator – Police and Fire Department Overtime Reports – September 2022

    

D. Approval of Tax Assessor Abatements – $1,465.92

 

Councilor Edwards motioned to approve Consent Agenda items. Seconded by Councilor Perry, the motion passed unanimously.

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

                A. Renee Jones with Economic Development Commission (EDC) updated council regarding the business workshop scheduled for October 18. She reported that despite significant outreach efforts, only five business owners had responded to the request for signups. She learned that Greater Newport Chamber of Commerce also experienced a dismal response to a similar business workshop offering. As guest speakers were scheduled, they would try a second attempt to generate interest in the event.

 

                B. Resident Barbara Martin expressed concern about the Short Term Rental (STR) draft ordinance, remarking it was not ready and contained several defects and omissions. She presented numerous suggestions based on extensive research of STR ordinances of more than five RI comminutes. 

Thanking her for the input, Council President deMedeiros noted that changes to the draft could happen after the public hearing. Copies of her suggestions were distributed to Council.    

 

6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes

                A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 42 Fire
                     Prevention and Protection, Article II Open Burning

 

Council President deMedeiros opened the public hearing. No one presented to speak, therefore, the public hearing was closed.

 

Councilor Cook proposed several additions related to cooking fires, bonfires, enforcement, etc. Discussion ensued related to dates and times for recreational burning and potential nuisances. Councilor Burk suggested the item be tabled until further research was completed with assistance from the Solicitor and Fire Chief. Councilors were to email their suggestions as well.     

 

Councilor Burk motioned to continue the hearing until the next meeting on October 24, 2022. Seconded by Councilor Perry, the motion passed unanimously.

 

                B. Bistro Paris, Inc. d/b/a Le Moulin Rouge, 1403 Main Road – Requests approval of the transfer
                     of Class BV Liquor license from Le Moulin Rouge, Inc. to Bistro Paris, Inc. d/b/a Le Moulin
                     Rouge, subject to meeting all legal requirements

                    1. Letter from Paul J. Pisano, Esq.

 

Councilor Cook motioned to approve the transfer of Class BV Liquor license from Le Moulin Rouge, Inc. to Bistro Paris, Inc. d/b/a Le Moulin Rouge effective December 1, 2022, for indoor service only and subject to meeting all legal requirements. Seconded by Councilor Perry.

Council President deMedeiros opened the public hearing. No one presented to speak, therefore, the public hearing was closed.

The motion passed unanimously.

 

7. BOARD OF LICENSING – Discussion and possible votes

                A. Bistro Paris, Inc. d/b/a Le Moulin Rouge, 1403 Main Road – Requests approval of victualling
                     license, subject to meeting all legal requirements

 

Councilor Burk motioned to approve victualling license for Bistro Paris, Inc. d/b/a Le Moulin Rouge, 1403 Main Road, effective December 1, 2022, subject to meeting all legal requirements. Seconded by Councilor Cook, the motion passed unanimously.

 

8. APPOINTMENTS – Discussion and possible votes

                A. Interviews for Municipal Court Judge (two candidates)

                     1. Robert H. Humphrey, Esquire

                     2. Michael B. Forte, Jr., Esquire

 

The interested candidates were interviewed by the Council.

Councilor Burk motioned to appoint Michael B. Forte, Jr. to the position of Municipal Court Judge until November 2023. Seconded by Councilor Cook, the motion passed unanimously.

 

9. GENERAL BUSINESS

A. Deb Hagen/Harbor Commission – Discussion regarding a request to have Town Council assist
                     with recording of Harbor Commission meetings

Ms. Hagen explained to the council that several citizen requests had been received inquiring about the continuation of live Zoom meetings, which had been required during the pandemic. She said the commission believed that live recordings would provide a public service and aid in keeping more detailed records. Council members were in agreement with the recording as well as utilizing council contingency funds. Administrator Cotta would research vendors/costs and the item would be placed on the next meeting agenda for a vote.

                B. Police Chief Jones – Discussion and possible vote to review and adopt a resolution to allow
                     police department to collaborate with non-adjacent municipalities and police departments
                     under RIGL 45-42-2

 

Police Chief Jones briefed Council on the advantages of adopting the resolution that would allow cross-municipal police collaboration for non-emergency matters such as parades, events, etc. The collaboration would be limited to Rhode Island departments only.

 

Councilor Edwards motioned to adopt the resolution to allow the police department to collaborate with non-adjacent municipalities and police departments under RIGL 45-42-2. Seconded by Councilor Cook, the motion passed unanimously.

                C. Town Clerk – Discussion and possible vote on funding for Voter Information Guide in an
                     amount not to exceed $5,200 for printing and mailing

 

Town Clerk Chabot briefed Council on the booklet and relayed total estimate for printing and mailing was $4,948.99. She expects the mailing to go out over the next five days in time for Early Voting starting October 19^th.

 

Councilor Burk motioned to approve funding not to exceed $5,200.00, from council contingency, for the printing and mailing of the voter information guide. Seconded by Councilor Janick, the motion passed unanimously.

                D. Council Vice President Burk - Discussion and possible vote to approve funding to advertise
                     public hearing on 11/14/2022 regarding the Draft Zoning Ordinance on Short-Term Rentals

Councilor Burk motioned to approve funding to advertise the public hearing on 11/14/2022 for the Zoning Ordinance on Short Term Rentals. Seconded by Janick, the motion passed 5-1 with Councilor Perry opposed.

 

                E. Councilor Edwards –- Discussion and possible vote to approve funding to advertise public
                     hearing on 11/14/2022 regarding the proposed Zoning Ordinance on Solar Energy Systems

 

Councilor Burk motioned to approve funding to advertise the public hearing on 11/14/2022 for the Zoning Ordinance on Solar Energy Systems. Seconded by Councilor Janick, the motion passed unanimously.

                F. Council President DeMedeiros – Discussion and possible vote to cancel December 27, 2022,
                     Council meeting

Councilor Perry motioned to cancel December 27, 2022, Council meeting. Seconded by Councilor Janick, the motion passed unanimously.

                G. Town Administrator – Discussion and possible vote to approve the nomination of William
                      to Tiverton Fire Chief as recommended by the Town Administrator

 

Item G would be handled after Executive Session.

               

10. EXECUTIVE SESSION

                A. Town Administrator - RIGL 42-45-5(a)(1) – Personnel – Prospective candidate evaluation of
                     employment history, character and fitness regarding the Fire Chief vacancy – Notice given

 

                B. Town Solicitor – RIGL 42-46-5(a)(2) - General update on all pending litigation

 

                C. Council President DeMedeiros - RIGL 42-46-5(a)(2) Municipal Court Litigation regarding Town
                     of Tiverton vs. Longplex, LLC, Case TO22-0001

 

Councilor Perry motioned to enter Executive Session for agenda items 10A, 10B and 10C. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 8:44 p.m.

Council returned to open session at approximately 9:40 p.m.

 

Councilor Burk motioned to seal the minutes of the Executive Session. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported on Item 10A interview only, no votes taken, Item 10B no action taken and Item 10C discussion only, no vote taken.

 

9G. Town Administrator – Discussion and possible vote to approve the nomination of William
                        Bailey III to Tiverton Fire Chief as recommended by the Town Administrator

 

Councilor Edwards motioned to approve the appointment of William Bailey III as Fire Chief and to instruct the Administrator and Legal Counsel to negotiate a contract for Council ratification. Councilor Perry seconded the motion. The motion passed unanimously.

 

11. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 9:41 p.m.

 

 

A True Copy.

 

 

ATTEST______________________________________

                         Joan B. Chabot, Town Clerk