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, December 11, 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

President Denise M. deMedeiros	Vice President Michael S. Burk	Deborah G. Janick
John G. Edwards V	Jay P. Edwards	Dennis J. Milbourne

 

Solicitor Marcello, Administrator Cotta, Clerk Chabot, and Deputy Clerk Veegh were also present.

 

Swearing in of new Council Member David J. Paull

 

President Denise M. deMedeiros swore in David J. Paull as a new Town Councilor.

 

10-B. Town Administrator - RIGL 42-46-5(a)(2) Litigation - Executive session related to potential litigation

     and legal advice from Special Counsel Michael DeSisto as it related to the proposed development
     moratorium ordinance which is set for a public hearing on December 21, 2023

 

Councilor Burk motioned to enter into Executive Session for item 10-B RIGL 42-46-5(a)(2) Litigation - Executive session related to potential litigation and legal advice from Special Counsel Michael DeSisto as it related to the proposed development moratorium ordinance which is set for a public hearing on December 21, 2023. Councilor Edwards V seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 7:05 p.m.

Council returned to open session at approximately 7:18 p.m.

 

President deMedeiros reported for item 10-B, discussion only, no votes were taken.

 

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

 

BUSINESS BROUGHT BEFORE THE COUNCIL

President Denise M. 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. November 14 – Regular Meeting (Councilor Paull abstains)

     2. November 14 – Executive Session (Councilor Paull abstains)

     3. November 27 – Regular Meeting (Councilor Paull abstains)

     4. November 27 – Executive Session (Councilor Paull abstains)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Litter Commission – (1)
     2. Conservation Commission – (1)

     3. Cemetery Commission – (2)
     4. Zoning Board of Review – (1)
     5. Historical Cemeteries Commission – (1)

 

C. Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – November 2023

     2. Police and Fire Department Overtime Reports – November 2023

 

D. Acknowledge Receipt of Correspondence

     1. Letter from Visiting Nurse Home & Hospice

     2. Letter from Joy Gilkeson regarding Personnel Board re-appointment

 

E. Approval of Tax Assessor Abatements – $7,263.89

 

F. Councilor deMedeiros – Approval of Bay Street Moratorium Extension to June 30, 2024

 

G. Approval of Town Council 2024 Meeting Calendar

 

H. Town Clerk - Approval of advertisement funds for 2024 Annual Tree Warden Appointment

 

I. Approval of License Renewals – Non-Advertised (December 1, 2023, to November 30, 2024)

    See attached lists for:

        Tobacco Dealers License Renewals

        Holiday License Renewals    

 

Councilor Edwards removed Item 4-A-3.

Councilor Janick removed items 4-B-1 and 4-D-2.

Councilor Edwards V removed Item 4-D-2.

 

Councilor Burk motioned to approve the Consent Agenda except for items 4-A-3, 4-B-1, and 4-D-2.  Seconded by Councilor Edwards V, the motion passed unanimously.

Councilor Edwards noted a misspelling of his name on the November 27, regular meeting minutes, which would be corrected. 

Councilor Burk motioned to approve 4-A-3, as amended. Seconded by Councilor Edwards V, the motion passed unanimously.

Re: 4-B-1, Councilor Janick commented on the Litter Committee’s suggestion of larger bins, recalling previous discussions on prohibitive costs as well as possible issues with the bins’ extra weight for some residents. Councilor Edwards V reminded that part of the Mega contract approval was to have the Administrator and DPW Director return with a plan for automated pickup for Council review. He offered to meet with the DPW Director and Administrator to share ideas he has regarding modernizing trash pickup. President deMedeiros suggested a target date of February to address the matter.     

Re: 4-D-2, acknowledging the letter from Personnel Board member Joy Gilkeson, Councilor Janick suggested the current re-appointment policy requiring in-person interviews may need reconsideration so as not to lose good, long-standing volunteers. Council President deMedeiros disagreed, stating that not requiring re-appointment interviews would be unfair to those who had previously shown up for interviews, yet agreed to add to an upcoming agenda for consideration. Councilor Edwards V would submit an agenda request to review this policy.

Councilor Burk motioned to approve 4-B-1 and 4-D-2.  Seconded by Councilor Edwards V, the motion passed unanimously.

 

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

Personnel Board Chair James Camara spoke on behalf of Personnel Board member Joy Gilkeson and her inability to attend a re-appointment interview due to her busy schedule. He noted she was a critical long-time member and was happy to hear the policy would soon be reconsidered.

 

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

A. 77 Main Road LLC d/b/a Palhares Restaurant, 77 Main Road - Requests approval of

     transfer of Class BV Liquor license, from Buddies & Brothers, Inc. (LIQ-23-18)

 

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

 

Councilor Burk motioned to approve the transfer of the Class BV Liquor license, from Buddies & Brothers, Inc. to 77 Main Road LLC d/b/a Palhares Restaurant, 77 Main Road. Seconded by Councilor Edwards V, the motion passed unanimously.

 

Councilor Burk motioned to take agenda item 7-A out of order. Seconded by Councilor Edwards V, the motion passed unanimously.

 

7. BOARD OF LICENSING– Discussion and possible votes, subject to meeting all legal requirements

Directions to view licensing applications: 1) Click on https://tivertonri.portal.opengov.com/search ,

2) Click Records and then type in the record number listed on the agenda, 3) Click on the highlighted record to view the application

 

7-A. 77 Main Road LLC d/b/a Palhares Restaurant, 77 Main Road - Requests approval of Victualling

        License and Entertainment License (ANN-23-107)

 

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

 

Councilor Edwards V motioned to approve the Victualling License and Entertainment License for 77 Main Road LLC d/b/a Palhares Restaurant. Seconded by Councilor Milbourne, the motion passed unanimously.

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

 

6-B. Sakonnet River Outfitters, 777 Main Road – Request approval of revised business hours from 8:00

        am to 9:00pm, Sunday thru Saturday

 

No action was taken. The item must be re-advertised and the abutters within 400 feet must be notified.

 

7. BOARD OF LICENSING– Discussion and possible votes, subject to meeting all legal requirements (continued)

 

ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2023 to November 30, 2024)

                B.  CLASS BV– Full Liquor License - ($800)
                     1. Pine House Kitchen, 13 Crandall Road (LIQ-23-26)

 

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

 

Councilor Edwards V motioned to approve the Class BV Liquor License for Pine House Kitchen, 13 Crandall Road. Seconded by Councilor Burk, the motion passed unanimously.

 

8. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

 

                A. Acknowledgement of resignations:

                     1. Nancy Mello from Tiverton Housing Authority effective 12/5/2023
                     2. David Perry from Budget Committee effective 12/4/2023

 

Councilor Burk motioned to accept both resignations of Nancy Mello from the Housing Authority and David Perry from the Budget Committee with regret and thanks. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                B. Library Board of Trustees - (7) Member Board (3) Year Terms (1) Vacancy
                     Unexpired term ending 10/15/2025
                     1. Melissa R. Quinlan, 25 Garden Avenue - Requests appointment for term ending 10/15/2025

Melissa R. Quinlan was interviewed. As another application had been received earlier in the day, it was decided to hold a decision until the next meeting.

 

                C. Personnel Board - (5) Member Board (4) Year Terms (1) Vacancy, Term ending 10/15/2027

                     1. Joy Gilkeson, 360 S. Christopher Avenue. – Requests re-appointment for term ending 10/15/2027

 

Ms. Gilkeson was unable to appear for an interview. President deMedeiros stated she would speak to Ms. Gilkeson to see if she could attend the December 21 meeting for an interview.  

 

Councilor Edwards V motioned to waive policy and appoint Joy Gilkeson for the Personnel Board position this evening. No one seconded the motion.  

 

9. GENERAL BUSINESS

A. Council Vice President Burk – Discussion and possible vote on a Resolution to form a RI250 Tiverton

     Committee to plan semi-quincentennial celebrations

 

As the potential committees had not yet been contacted, Councilor Burk suggested holding the item until January and adding a sunset clause to the resolution.

 

Councilor Burk motioned to table until the next meeting in January. Seconded by Councilor Edwards, the motion passed unanimously.

 

B. Administrator Cotta - Discussion and possible vote to allow Fire Chief, Town Administrator and Town

     Solicitor to adopt formal contract to permit COMSTAR, only bidder for rescue billing services, to begin

     work on or about 2/1/2024, with a provision to allow a reconciliation of the current vendor and back

     bill to 1/1/2024.

 

Councilor Edwards motioned to allow the Fire Chief, Town Administrator, and Town Solicitor to adopt a formal contract to permit COMSTAR, only bidder for rescue billing services, to begin 2/1/2024. Seconded by Councilor Edwards V, the motion passed unanimously.

 

C. Council Vice President Burk - Discussion and possible vote to authorize the Town Administrator, in
                     collaboration with the Chairperson of the North Tiverton/Industrial Park Revitalization Committee
                     based on input from the North Tiverton Committee, to develop a Scope of Work regarding the
                     development of a North Tiverton Revitalization Strategy and Design Report and, using the State’s
                     Master Price Agreement (MPA) process, to enter into a contract with Weston and Sampson, LLC
                     developing such a plan

 

Councilor Edwards V motioned to authorize the Town Administrator, in collaboration with the Chair of the North Tiverton/Industrial Park Revitalization Committee to take the scope of work to Weston and Sampson under the MPA and ask them for a price. Seconded by Councilor Edwards, the motion passed 6-1, with Councilor Burk opposed.

 

D. Council President deMedeiros – Assignment of Town Councilor Liaisons for Boards and Commission

 

The following changes were made to the current Board and Commission Liaison list. 

Canvassing Authority: Councilor Edwards resigned. Cemetery Commission: Councilor deMedeiros joined. Economic Development Committee: Councilor Paull replaced Councilor Edwards V. Housing Authority: Councilor Paull joined. Juvenile Hearing Board: Councilor Paull joined. Tree Commission: Councilor deMedeiros joined.

E. Council President deMedeiros – Discussion and possible vote to extend Town Farm Renovation

    Committee to September 30, 2024

 

Council President deMedeiros motioned extend the Town Farm Renovation Committee to September 30, 2024, and have Town Clerk provide a current new member list. Seconded by Councilor Edwards V, the motion passed unanimously.

 

F. Council President deMedeiros – Discussion and possible vote to amend Resolution 2023-0002

    Establishing Public Safety Complex Committee to extend due date for committee report to September

    30, 2024

 

Councilor Edwards V motioned to extend due date for committee report to September 30, 2024. Seconded by Councilor Paull, the motion passed unanimously.

 

G. Administrator Cotta – Discussion regarding the Fiscal Year 2025 Budget Process

 

H. Administrator Cotta – Discussion regarding Casino Gaming funds and American Recovery funds

 

Under Item G and H, the Administrator relayed that the departments have been notified to prepare budgets and were also asked to determine capital needs, as gaming fund and American Recovery balances remain. He reminded Council to begin thinking about scheduling meeting dates. The Clerk was asked to distribute an updated FY2025 Budget Process Schedule at the next meeting.

 

I. Administrator Cotta – Discussion and possible vote regarding Assistant Planner and funds to advertise

    position

 

Administrator Cotta advised that the current part-time Planner, at only 15 hours/week was inundated and after January 1, she will then be responsible for taking on the new administrative subdivision work. He explained that an Assistant Planner was imperative as well as continued recruitment of a full-time planner. He planned to fund the position via American Recovery monies. He noted the new position would be non-union.  

 

Councilor Edwards V motioned to advertise for the position of assistant planner with funds to be allocated via recommendation from the Town Administrator with a job description to be put forward by the Town Administrator. Seconded by Councilor Janick, the motion passed unanimously.

 

Council President deMedeiros continued item J until after executive session without objection.

 

10. EXECUTIVE SESSION

 

                A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for

     Fire Chief William S. Bailey III – Notice given

 

Councilor deMedeiros motioned to enter into Executive Session for item 10-A Town Administrator - RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Fire Chief William S. Bailey III – Notice given. Councilor Edwards V 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 9:07 p.m.

 

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

 

President deMedeiros reported for item 10A, discussion only, no votes were taken.

 

J. Administrator Cotta - Discussion and possible vote to approve proposed fiscal impact statement to
                    existing contract for Fire Chief William S. Bailey III, to become effective 11/14/2023

 

Councilor Burk motioned to approve the proposed fiscal impact statement to the existing contract for Fire Chief William S. Bailey III, effective 11/14/2023. Councilor Edwards V seconded the motion. The motion passed unanimously.

 

11. ADJOURNMENT

 

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 9:09 p.m.

 

A True Copy.

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk