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, June 26, 2023, 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	Jay P. Edwards
Joseph C. Perry	Deborah G. Janick	John G. Edwards V
Dennis J. Milbourne

 

Absent
John G. Edwards V                          

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

 

Moment of silence in memory of Mr. Thomas Dalglish

 

A moment of silence was held in memory of Thomas Dalglish, a former local journalist who wrote for the Sakonnet Times for many years.  

 

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. Acknowledge Receipt of Minutes from Boards/Commissions/Committees

     1. Economic Development Commission (1)

     2. Planning Board (5)

     

B. Acknowledge Receipt of Correspondence

     1. Town of Burrillville - Resolution in opposition to S-0137 and H-5201- Relief Of Injured And

          Deceased Fire Fighters And Police Officers -- Presumption For Heart Disease And Hypertension

     2. Town of Barrington – Resolution celebrating the month of June as Barrington Pride Month

       

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – May 2023 Budget and Revenue Reports

      

D. Approval of Tax Assessor Abatements – $311.97

 

E. Approval of Uncollectable Tax Abatements - $44,679.04

 

F. Approval of Bay Street Moratorium Extension to December 31, 2023

 

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

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

                A. Comments: None 

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Acknowledgement of resignation:

                      1. Amanda Souza from Planning Board effective 6/8/2023

                      2. Wendy Taylor not seeking reappointment to Zoning Board, term ending 7/15/2023

 

Councilor Perry motioned to accept Ms. Souza’s resignation with regret and to thank her and Ms. Taylor for their service. Seconded by Councilor Burk, the motion passed unanimously.

                B. Zoning Revision Committee - (2) Public Members (2) Year Terms (2) Vacancies

                     1. Susan Anderson, 1137 Main Road - Requests appointment, term ending 5/7/2025

                    2. Jamie Robin French, 48 Craig Avenue - Requests appointment, term ending 5/7/2025

                                                                                                                           

Ms. French was interviewed by Council.

It was advised that another person, Cheryl Valentine, had applied for the committee earlier in the day.

As Ms. Valentine was in attendance, it was agreed to add her to the agenda for discussion only.

               

Councilor Burk motioned to add Ms. Valentine to the agenda for discussion only. Seconded by Councilor Janick, the motion passed unanimously.

Ms. Valentine was interviewed by Council. It was decided to hold any decision until the next meeting.

 

                C. Zoning Revision Committee – Appointment of Town Council member (1)

 

Councilor Burk motioned to appoint Jay Edwards as the Town Council member for the Zoning Revision Committee. Seconded by Councilor Perry, the motion passed unanimously.

                D. Budget Committee - (7) Member Board (4) Year Terms (1) Vacancy
                     1. Brendan J. Andrade, 111 Ash Avenue – Requests appointment to 11/2/2026
                    2. Anne Lawton, 155 Kearns Avenue – Requests appointment to 11/2/2026

 

Mr. Andrade was not present for an interview, so the item was tabled until the next meeting.

Clerk Chabot advised that Ms. Lawton has withdrawn her application.

 

                E. Recycling/Landfill Committee - (5) Member Board (3) Year Terms (4) Vacancies
                   Jean Pierre Mouligne, 10 Bowen Avenue - Requests appointment, term ending 4/1/2026

 

Mr. Mouligne was not present for an interview, so the item was tabled until the next meeting.

 

                F. North End and Industrial/Business Park Advisory Subcommittee - (4) Member Board (4) Vacancies        

                     1. Jamie Robin French, 48 Craig Avenue - Requests appointment, term ending 4/1/2024
                     2. Cheryl Valentine, 58 North Christopher Avenue - Requests appointment, term ending 4/1/2024
                     3. Brian E. Gough, 210 Kaufman Road - Requests appointment, term ending 4/1/2024
                     4. Andrea L. Souza, 177 Hilton Street, #2 - Requests appointment, term ending 4/1/2024
                     5. Anne Lawton, 155 Kearns Avenue - Requests appointment, term ending 4/1/2024
                    6. Sharon Kurose, 10 Starlit Road - Requests appointment, term ending 4/1/2024

 

Ms. Kurose was interviewed by the Council.

 

Councilor Burk motioned to waive police and proceed to appointments. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Burk motioned to appoint Brian Gough to the North End and Industrial/Business Park Advisory Subcommittee for a term ending 4/1/2024. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Janick motioned to appoint Andrea Souza to the North End and Industrial/Business Park Advisory Subcommittee for a term ending 4/1/2024. Seconded by Councilor Edwards, the motion passed unanimously.

 

Councilor Burk motioned to appoint Anne Lawton to the North End and Industrial/Business Park Advisory Subcommittee for a term ending 4/1/2024. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Janick motioned to appoint Sharon Kurose to the North End and Industrial/Business Park Advisory Subcommittee for a term ending 4/1/2024. Seconded by Councilor Edwards, the motion passed unanimously.

 

                G. Board of Canvassers – Candidate to fill the vacant position for Tiverton Board of Canvassers (6) Year

                     Term to Expire 10/15/2023.

 

                     Tiverton Democratic Town Committee Candidates are as follows:

                                1. Andrea Souza

                                2. Cameron Ramsey

                                3. Dan Farnsworth

                                4. Linda Jenkins

                                5. Stu Gilfillen

 

                     Tiverton Republican Town Committee Candidates are as follows:

                1. Nancy Driggs           119 Leeshore Ln. Tiverton, RI

                2. Mark Constance     111 South Ave. Tiverton, RI

                3. Lori Meyers             31 Nicholson Pl. Tiverton, RI

                4. Stephen Horridge  2753 Main Rd. Tiverton

                5. Robert Coulter       34 Lawton Ave. Tiverton, RI

 

Ms. Souza, the only candidate in attendance, was interviewed.

 

Councilor President deMedeiros motioned to appoint Andrea Souza to the Tiverton Board of Canvassers for a term to expire 10/15/2023. Seconded by Councilor Burk, the motion passed unanimously.                    

 

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

                A. Restiv, LLC d/b/a Four Corners Grille, 3841 Main Road - Requests approval to convert liquor license
                    from Class BVL (limited to beer & wine) to Class BV (full liquor), subject to meeting all legal

                      requirements

 

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

 

Councilor Burk motioned to approve Restiv, LLC d/b/a Four Corners Grille’s request to convert the liquor license from Class BVL (limited to beer & wine) to Class BV (full liquor), subject to meeting all legal requirements and with an updated floorplan to show the tables outside. Seconded by Councilor Janick, the motion passed unanimously.

               

                B. Makayla Angell and Michelle Angell - Consideration of sound variance for a wedding at 59 Woodland
                     Circle on Saturday, September 2, 2023, from 3:00 pm to 11:00 pm, and request approval of a special
                    event permit

 

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

 

Councilor Burk motioned to approve the sound variance for a wedding at 59 Woodland Circle on Saturday, September 2, 2023, from 3:00 pm to 11:00 pm, and approval of a special event permit, subject to all legal requirements. Seconded by Councilor Edwards, the motion passed unanimously.

 

                C. Approval of the proposed amendment to Tiverton Code of Ordinances - Chapter 2 ADMINISTRATION,
                     ARTICLE V – FINANCE to add Sections 2-91 Restricted Appropriation Accounts and 2-95 Restricted

                     Revenue Accounts which proposes to create various restricted appropriation and revenue accounts
                     related to the budgetary process

                     1. Correspondence from Tom Snell

                     2. Correspondence from John Nery

 

Council President deMedeiros explained the proposed ordinance would eliminate the need to vote for budgetary-related resolutions each year. In addition to the correspondence from Mr. Snell and Mr. Nery, she acknowledged Council had received additional correspondence from many others. She proceeded to read aloud the proposed amendments.

 

Solicitor Marcello asked that a minor edit be made to the listed Restricted Appropriations Accounts Sec 2-91 to add the word Account after Paving/Drainage, Curbing and Sidewalks and Sand, Salt, and Gravel.

 

Councilor Burk motioned to amend Sec 2-91, to add the word Account after (3) Paving/Drainage, Curbing and Sidewalks and (4) Sand, Salt, and Gravel. Seconded by Councilor Edwards, the motion passed unanimously.

 

Council discussion included the Land Conveyance Transfer Tax amount. Councilor Janick questioned the 25% amount, suggesting it was inadequate. It was noted that the maintenance of public parks and recreation as duties and responsibilities of the land commission was not found in the Charter, and it was undetermined when or how that language was ever added. Councilor Edwards stated he believed the purview of the open space fund should be to the Open Space Commission, maintaining the town council's authority to approve expenditures, but only upon recommendation of the Commission. Council Vice President Burk suggested eliminating section (A) and adding to the end of Sec 2-95 (B) (1), the verbiage: and under the purview of the Open Space and Land Conservation Commission in accordance with the provisions of the Town Charter and with the approval of any appropriations by the Town Council.

 

Councilor Burk motioned to amend Sec 2-95 (B) (1) to remove the period and add language [under the purview of the Open Space and Land Preservation Commission in accordance with the provisions of the Town Charter with any appropriations to be approved by the Town Council based on the recommendations of the Open Space and Land Preservation commission] and to strike subsection (A) in its entirety, and allow the Solicitor to make any technical amendments. Seconded by Councilor Janick, the motion passed unanimously.

 

President deMedeiros opened the public hearing. Several attendees presented to speak, all voicing their concerns over the original language. Some questioned how the origination of such language was unknown. Some expressed concern that this ordinance could have passed as-is at the last meeting, save for a technical error that continued the item to today’s meeting. Others were also concerned the amount was insufficient and risked the town's desirable rural character and potential reduction in green space and wildlife habitats.  The public hearing was closed.

 

Councilor Burk motioned to approve the proposed ARTICLE V ordinance as amended with the authorization for the Solicitor to make any technical amendments, as necessary. Seconded by Councilor Janick, the motion passed unanimously.

 

8. GENERAL BUSINESS

A. Bruce Thompson, 126 Chace Avenue – Request for Town to abandon an undeveloped
     portion of Chace Avenue
     1. Planning Board recommendation

 

Solicitor Marcello advised that after review, the Town does not own the land in question, so the item is moot. The item was tabled indefinitely.  

 

B. Police Chief Jones - Approval and vote of budget transfers for FY23
     1. $5,000.00 from Acct 3330-5101 Personnel Services to Acct 3330-5100 Department Manager Salary
     2. $5,000.00 from Acct 3330-5101 Personnel Services to Acct 3330-5130 Deputy Chief

     3. $25,000.00 from Acct 3330-5101 Personnel Services to Acct 3330-5104 Overtime

     4. $1,100.00 from Acct 3330-6167 Uniform Replacement to Acct 3330-5168 Clothing

     5 $390.41 from Acct 3330-6912 Electric to Acct 3330-6910 Heat

     6. $3,000.00 from Acct 3330-6912 Electric to Acct 3330-6648 Tires, Parts, Auto

     7. $1,500.00 from Acct 3330-6912 Electric to Acct 3330-6935 Telephone 

     8. $2,000.00 from Acct 3330-7199 Psychological to Acct 3330-66678 Operations

     9. $4,000.00 from Acct 3330-6930 Radio to Acct 3330-7590 IT Computer

                  10. $1,200.00 from Acct 3330-6930 Radio to Acct 3330-7840 Station Maintenance

 

Councilor Perry motioned to approve the aforementioned budget transfers. Seconded by Councilor Edwards, the motion passed unanimously.

 

                C. Administrator Cotta - Approval and vote of budget transfers for FY23

                     1. $25,600.00 from Acct 1020-6890 TC Contingency to Acct 1050-7159 Litigation

                     2. $17,000.00 from Acct 1020-6890 TC Contingency to Acct 1140-5100 Dept. Mgr. - Planner

                     3. $35,100.00 from Acct 1020-6890 TC Contingency to Acct 2300-5295 Unfunded Liability

 

Councilor Burk motioned to approve the aforementioned budget transfers. Seconded by Councilor Perry, the motion passed unanimously.

 

                D. Administrator Cotta - Approval and vote of budget transfers for FY23

                     1. $15,000.00 from Acct 2190-5268 Group Health - Active to Acct 2190-5269 Group Health – Retiree

                     2. $13,505.00 from Acct 2190-5268 Group Health - Active to Acct 2190-7920 Town Bldgs/Personal Prop

 

Councilor Edwards motioned to approve the aforementioned budget transfers. Seconded by Councilor Perry, the motion passed unanimously.

 

                E. Council President deMedeiros – Update on Recycling Center and possible dates to collect yard waste

 

Administrator Cotta reported that permitting with RIDEM was in process for the recycling center. He was hoping to have a permit back in a few weeks, then proceed to bid with the goal of beginning construction in the fall. The 2023 Yard waste pickup dates would be the weeks of July 17, August 14, September 11, October 9, October 23, November 6, November 20, and December 18. The limit would be 6 bags per household placed curbside on regular trash day by 6 AM.

 

                F. Council President deMedeiros – Discussion regarding animal control center and plans as of June 30,

    2023, when the current contract expires

                    

Administrator Cotta updated the council that The Police Chief and Animal Control Officer have been working to find a suitable location to drop off stray dogs. They have been in contact with the state to allow us to use Forever Paws, which is across state lines. Forever Paws is looking into obtaining a shelter license from RIDEM and RI SPCA. They have also been in contact with Portsmouth Animal Control to potentially utilize one of their kennels in an emergency, with reimbursement to Portsmouth.

 

G. Council President deMedeiros – Discussion on potential dates for discussion and distribution of FY22

     Casino Gaming Revenue, possible date July 17, 2023

 

Council agreed to schedule the meeting for July 17, 2023, at 7:00 PM.

 

H. Discussion and possible vote to amend Resolution Establishing Public Safety Complex

     Committee to include alternate members from the public

 

Council President deMedeiros noted her opposition to including alternate members. Council members agreed and no motion was proposed.

 

                I. Discussion and possible vote to amend Resolution Establishing Tiverton North End and
                  Industrial/Business Park Subcommittee of the Tiverton Economic Development Commission to
                  include alternate members from the public

Council President deMedeiros noted her opposition to including alternate members. Council members agreed and no motion was proposed.

 

                J. Town Administrator – Discussion and possible vote regarding Municipal capital and public safety
                    vehicle purchase

Police Chief Jones explained the cost was $250k for four vehicles, two being for the fire department and two for the police department. Administrator Cotta added that the USDA grant item to follow would cover the cost of one of the vehicles.

 

Councilor Burk motioned to approve the purchase of four public safety vehicles, two for the fire department and two for the police department from the existing Municipal Capital funds. Seconded by Councilor Perry, the motion passed unanimously.

 

K. Town Administrator – Discussion and possible vote regarding USDA grant application for public safety

     vehicles

 

Councilor Burk motioned to approve the police chief applying for the USDA Grant application for public safety vehicles. Seconded by Councilor Perry, the motion passed unanimously.

 

                L. Town Administrator – Discussion and possible vote regarding School Department Forensic Audit to

    encumber funds for audit from the Council Contingency account

 

Councilor Burk motioned to encumber funds, not to exceed $100,000.00, from the Town Council contingency account for the purpose of a forensic audit of the school department with an RFP to be developed and brought back by the Town Administrator. Seconded by Councilor Edwards, the motion passed unanimously.

 

M. Town Administrator/Treasurer – Discussion and possible vote to classify, allocate, and transfer of

      funds to cover prior expenditures requiring budget classification assignment

 

Administrator Cotta explained there were currently no classified accounts from which to pay the previously approved Northborough $30,000.00 legal settlement and recent air conditioning costs in the amount of $8,000.00.

 

Councilor Edwards motioned to transfer $30,000.00 from council contingency for the Northborough condo complex negotiated and paid in November 2022, and $8,000.00 from council contingency for the AC unit in the council chamber. Councilor Burk seconded the motion. The motion passed unanimously.

 

9. EXECUTIVE SESSION

A. Town Administrator - RIGL 42-46-5(a)(2) Collective Bargaining: Update on Teamsters Local 251

 

B. Solicitor Marcello – RIGL 42-46-5(a)(2) Litigation: Potential litigation regarding West Place Animal Sanctuary related to past services

 

C. Town Administrator - RIGL 42-46-5(a)(5):  discussion related to the acquisition or lease or purchase

     of real property for public purposes where the early disclosure would be detrimental to the public

     interest

 

D. Town Administrator – RIGL 42-46-5(a)(5) discussion related to the sale of publicly held property in the

     Tiverton Industrial Park and related to a prospective business located in the state/town where an

     open meeting would be detrimental effect on the interests of the public.

 

Councilor Burk motioned to enter Executive Session for agenda items 9-A thru 9-D. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 8:51 p.m.

Council returned to open session at approximately 9:43 p.m.

 

Councilor Burk motioned to seal the minutes of the Executive Sessions. Councilor Perry seconded the motion. The motion passed unanimously.

 

Solicitor Marcello reported discussion only for items 9-A through 9-D, no votes were taken.

 

11. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 9:44 p.m.

 

A True Copy.

 

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk