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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 Tuesday, November 14, 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 Romano, Administrator Cotta, and Deputy Clerk Veegh were also present.
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. October 23 – Regular Meeting (Councilor Milbourne abstains, absent)
2. October 23 – Executive Session (Councilor Milbourne abstains, absent)
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Revitalization of North Tiverton/Industrial Park – (1)
2. Board of Canvassers – (1)
3. Historic Preservation Advisory Board – (1)
4. Historical Cemeteries Commission – (1)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – October 2023
2. Police and Fire Department Overtime Reports – October 2023
D. Acknowledge Receipt of Correspondence
1. Letter from Michael Napolitano recommending David Perry for Town Council seat
2. Letter from Michael DeCotis recommending David Perry for Town Council seat
3. Letter from Bob Martin recommending David Perry for Town Council seat
4. CRMC meeting notice for Bowen aquaculture application, CRMC File 2020-04-037
5. CRMC Public Hearing Notice for proposed amendment to Management Procedures
6. CRMC Public Hearing Notice for proposed amendment to Red Book
E. Approval of Tax Assessor Abatements – $4,512.30
F. Approval of License Renewals – Non-Advertised (December 1, 2023 to November 30, 2024)
See attached lists for:
Tobacco Dealers License Renewals
Victualling License Renewals
Holiday License Renewals
Antique License Renewals
Councilor Edwards V removed Item 4-B-1.
Councilor Edwards V motioned to approve the Consent Agenda except for item 4-B-1. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Edwards V commented that certain items being discussed by the Revitalization of North Tiverton/Industrial Park Committee, such as North Tiverton Fire District infrastructure, proposed developments, and impact fees, should involve the Council. Council Vice President Burk, who is a Council Representative of the committee, affirmed that important items will be referred back to the appropriate bodies when necessary.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Resident Richard Segel expressed safety concerns over increased traffic waiting for buses on Roosevelt Avenue. He suggested repainting the crosswalk, additional signage, as well as speed bump installations. Council President deMedeiros agreed to add the matter to the next agenda for DPW to make recommendations.
Councilor Burk motioned to move items 7-E, F, G, and H forward. Seconded by Councilor Janick, the motion passed unanimously.
E. Board of Canvassers - Republican seat vacated 10/9/2023, term ending 10/15/2024 (alt. 10/15/2027)
2. Mark Constance
3. John Chelo
4. Rob Coulter
5. Lori Meyers
Council President deMedeiros motioned to nominate Nancy Driggs for the Republican seat. Seconded by Councilor Edwards V, the motion passed unanimously.
F. Board of Canvassers - Open seat expired on 10/15/2023, six (6) year term ending 10/15/2029
Tiverton Democratic Town Committee nominees are as follows:
1. Andrea Souza
2. Dan Deren
3. Maureen Morrow
4. Stu Gilfillen
5. Linda Jenkins
Tiverton Republican Town Committee nominees are as follows:
1. Nancy Driggs
2. Mark Constance
3. John Chelo
4. Rob Coulter
5. Lori Meyers
Council President deMedeiros motioned to nominate Andrea Souza. Seconded by Councilor Burk, the motion passed unanimously.
G. Board of Canvassers - Democratic Alternate position, six (6) Year Term ending 10/15/2027
1. Andrea Souza
2. Maureen Morrow
3. Dan Deren
4. Stu Gilfillen
5. Linda Jenkins
As Andrea Souza had just been appointed to the regular open seat, Maureen Morrow was interviewed.
Council President deMedeiros motioned to nominate Maureen Morrow for the Democratic Alternate position, six (6) Year Term ending 10/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.
H. Board of Canvassers - Republican Alternate position, six (6) Year Term ending 10/15/2024
(pending outcome of the agenda items 8E and 8F)
1. Nancy Driggs
2. Mark Constance
3. John Chelo
4. Rob Coulter
5. Lori Meyers
Nancy Driggs had just been appointed to the Republican seat. Mark Constance was not present for an interview. Councilor Burk suggested holding the item until the next meeting. Councilor Edwards V, disagreed, stating he believed the candidates should be appointed based on the parties’ recommendations.
Councilor Burk motioned to table the item. Seconded by Councilor Burk, the motion passed 4-2, with Councilors Edwards V and Milbourne opposed.
6. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 22 Businesses,
Article II Farmer’s Market- Section 22-6 to include a definition of Music Entertainment, the addition
of a new Section 22-10 Music Entertainment, and the re-numbering of Section 22-11 to reflect the
addition of new Section 22-10. The change will allow music entertainment as defined in this section at
a permitted Farmer’s Market on town-owned properties without the need for public entertainment
license. (Cont. from 10/23/2023)
Council President deMedeiros opened the public hearing. No one presented to speak, and the hearing was closed.
Councilor Edwards expressed concern over the definition of amplification of music, and not defining the specific town-owned properties that could hold a farmers market.
Councilor Burk motioned to approve changes to the Tiverton Code of Ordinances Chapter 22 Businesses, Article II Farmer’s Market- Section 22-6 to include a definition of Music Entertainment, the addition of a new Section 22-10 Music Entertainment, and the re-numbering of Section 22-11 to reflect the addition of new Section 22-10. Seconded by Councilor Edwards V, the motion passed 5-1, with Councilor Edwards opposed.
7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Historic Preservation Advisory Board - (5) Member Board (3) Year Terms (4) Vacancies
Terms ending 10/15/2026 (3), 10/15/2027 (1)
1. Stuart Hardy, 51 Summerfield Lane – Requests re-appointment for term ending 10/15/2026
2. Aldege Cormier, Jr., 348 Souza Road – Requests re-appointment for term ending 10/15/2026
Stuart Hardy was not available for an interview and his request would be considered at the next meeting.
Aldege Cormier, Jr was interviewed by the council.
Council Vice President Burk motioned to waive policy and re-appoint Aldege Cormier to the Historic Preservation Advisory Board for a term ending 10/15/2026. Seconded by Councilor Edwards V, the motion passed unanimously.
B. Juvenile Hearing Board - (7) Member Board (3) Year Terms (2) Vacancies
Terms ending 10/15/2026 (2)
1. Amanda Marie Souza, 160 Leger Lane - Requests re-appointment for term ending 10/15/2026
Amanda Marie Souza was not available for an interview and her request would be considered at the next meeting.
C. Library Board of Trustees - (7) Member Board (3) Year Terms (3) Vacancies
Terms ending 10/15/2026 (2), 10/15/2025 (1)
1. Kim Sutherland, 199 Furey Avenue – Requests re-appointment for term ending 10/15/2026
Kim Sutherland was not available for an interview and her request would be considered at the next meeting.
D. Personnel Board - (5) Member Board (4) Year Terms (1) Vacancy
Terms ending 10/15/2027 (1)
1. Joy Gilkeson, 360 S. Christopher Avenue. – Requests re-appointment for term ending 10/15/2027
Joy Gilkeson was not available for an interview and her request would be considered at the next meeting.
Councilor Burk motioned to move items 7-J forward. Seconded by Councilor Edwards V, the motion passed unanimously.
J. Municipal Court Judge – term expired 10/31/2023, two (2) year term ending 10/31/2025
1. Michael B. Forte, Jr. Esq. CFE – requests re-appointment
Michael B. Forte, Jr. Esq. was interviewed by the Council.
Councilor Burk motioned to re-appoint Michael B. Forte, Jr. Esq. CFE as Municipal Court Judge for a term ending 10/31/2025. Seconded by Councilor Janick, the motion passed unanimously.
I. Town Council – Open position for the unexpired term ending 11/4/2024
1. Mitchell C. Varao, 67 Haskins Avenue – Requests appointment
2. Blake B. Hayden, 214 Highland Road – Requests appointment
3. David Perry, 78 Bramble Way – Requests appointment
4. David J. Paull, 175 Warren Avenue – Requests appointment
5. Stephen T. Clarke, 31 Peaceful Way – Requests appointment
6. Edwin K. Schober, Jr., 124 Long Pasture Way – Requests appointment
Council President suggested candidates be interviewed tonight only, and appointments take place at the next regular meeting.
Candidates Blake B. Hayden, David Perry, David J. Paull, Stephen T. Clarke, and Edwin K. Schober, Jr. were interviewed. Mitchell C. Varao was not present.
After discussion, the Council agreed to delay a decision until the next meeting.
Councilor Burk motioned to continue the Town Council appointment process to the next regular meeting. Seconded by Councilor Edwards V, the motion passed unanimously.
8. GENERAL BUSINESS
A. Council Vice President Burk - Discussion and possible vote to approve letter provided by Town
Administrator to be sent to appropriate state regulatory agencies including State Building Official,
CRMC Army Corps of Engineers, US Coast Guard, and State House delegation re: significant health
and safety concerns of the former Quality Yachts Property, located on Riverside Drive
Administrator Cotta noted he recently had conversations with CRMC, the Governor, and Councilman John Edwards V relative to the matter. He reiterated the Town did not have jurisdiction over the dock, referring to it as extremely dangerous.
Councilor Burk motioned to approve the Town Administrator to send the letter provided in the packet and send it to all that are copied on the second page. Seconded by Councilor Edwards, the motion passed unanimously.
B. Council Vice President Burk – Regarding Chase Marina property, an update from Town Administrator
Administrator Cotta stated he had recently discussed the property with the Governor, who was supportive of the initiative. Subsequently, his staff member reported that the DRIEM Director would be coordinating a meeting with all involved parties.
C. Recreation Commission Chair Gilfillen – Discussion and possible vote to advertise for part-time Events
Coordinator
Councilor Burk motioned to approve to advertise for a part-time Events Coordinator. Seconded by Councilor Edwards V, the motion passed unanimously.
D. Town Administrator - Discussion and possible vote to authorize advertisement to auction old fire
apparatus, police vehicles, and DPW surplus equipment
Councilor Burk motioned to authorize the Town Administrator to advertise to auction old fire apparatus, police vehicles, and DPW surplus equipment. Seconded by Councilor Milbourne, the motion passed unanimously.
E. DPW Director Rogers - Update on 2023-2024 Snow Plowing / Sanding
Director Rogers stated DPW was currently advertising to hire independent operators who have their own snowplow equipment and also drivers to drive DPW trucks. He explained it was for community safety purposes as well as to assist in alleviating excessive hours worked by DPW staff. They have received some commitments but were looking for more. He added that DPW’s pay rates matched RIDOT’s.
F. Town Administrator/Solicitor Marcello - Discussion and possible vote to authorize Community Septic
System Loan Program (CSSLP) loan agreement for an additional 600K
Administrator Cotta explained the need to seek the additional $600,000.00 round of loan funds from the RI Infrastructure Bank. The amount was already preapproved. He furthered that the program has been greatly successful with many residents waiting to access the program.
Councilor Edwards V motioned to authorize the CSSLP loan agreement for the additional $600,000 as requested by the Administrator and the Solicitor. Seconded by Councilor Janick, the motion passed unanimously.
G. Town Administrator – Update on Municipal Technical Assistance Grants
A. To facilitate ordinance changes as related to recent legislative changes related to housing
B. To facilitate a joint project with Stonebridge Water, North Tiverton Water, State Water Resource
Board and the Town with respect to water needs and a hydrology study
Administrator Cotta gave an update on the status of both grants. Regarding Item A, we received the scope of work from Weston Samson for the recent legislative changes, that the Planning Board and Zoning Revision Committee are working on. The $100,000.00 was approved and waiting for finalization. On Item B, Weston Samson was currently submitting the scope of work that will be sent to RI Housing for approval. Both grants required no matches.
H. Town Administrator – Update on USDA grant for related to ground/stormwater mitigation related to
landfill
Administrator Cotta gave an update on the status of USDA monies available for groundwater mitigation issues and stormwater management issues, which would assist with related landfill closure shortfalls. It was expected to be submitted next week. He also had congressional delegation letters of support and he believed the funds were already earmarked. The grant would require no match.
Council President deMederios tabled 8-I, until after executive session.
J. Town Administrator/Councilor Edwards V - Discussion and possible vote to proceed with Governor
McKee Learn365 initiative with Tiverton School creating and managing programs
Administrator Cotta explained at a recent meeting with Governor McKee and Councilor Edwards V where Governor McKee expressed disappointment that three communities, including Tiverton, had not signed up for the program. Mr. Cotta believed these programs belonged with the school department and not on the administrative side. In a discussion with the Superintendent, he said the Town would be willing to partner cooperatively with the School Department if they developed programming supportive of combating absenteeism, better testing scores, and family financial reporting.
Further discussion continued around joining the initiative as there were no requirements to take any monies as well as potential maintenance of effort impacts if funds were used.
Councilor Edwards V motioned to proceed with the Learn365 initiative and to direct the Town Council President and Administrator to sign the Accord. Seconded by Councilor Janick, the motion passed 5-1, with Councilor Burk abstaining as he briefly stepped away.
K. Town Administrator/Treasurer – Update on annual financial audit
Administrator Cotta noted a possible delay due to RIDE changing their UCOA protocol requiring an extension until January. He added that the new Auditor General may require a formal extension request.
9. EXECUTIVE SESSION
A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Tax
Assessor David Robert - Notice given
B. Council President deMedeiros – RIGL 42-46-5(a)(2) Session pertaining to collective bargaining or
litigation and/or RIGL 42-46-5(a)(4), Any investigative proceeding regarding allegations of misconduct,
either civil or criminal. These pertain to the Town’s firefighters
C. Town Solicitor – RIGL 42-46-5(a)(2) Litigation: Highland Ridge Farm, LLC v. Town of Tiverton, et al.
(NC-2023-260) discussion and possible vote to authorize the solicitor to negotiate and enter into a
temporary agreement regarding stay of enforcement
D. Town Solicitor – R.I.G.L. 42-46-5(a)(2) Town of Tiverton v. Longplex and Tiverton Zoning
Board of Appeals (NC-2023-0036); Litigation Update
Councilor Burk motioned to enter Executive Session for agenda items 9A through 9D. Councilor Edwards V seconded the motion. The motion passed unanimously.
Council entered closed executive session at approximately 10:30 p.m.
Council returned to open session at approximately 11:05 p.m.
I. Town Administrator – Discussion and possible vote to authorize contract change for Tax
Assessor David Robert from 37.5 to 40 hrs/week and adjust annual salary from $81,700.40 to
$89,380.00
Councilor Burk motioned to authorize contract change for Tax Assessor David Robert from 37.5 to 40 hrs/week and adjust his annual salary from $81,700.40 to $89,380.00. Councilor Edwards V seconded the motion. The motion passed unanimously.
Councilor Burk motioned to seal the minutes of the Executive Session. Councilor Edwards V seconded the motion. The motion passed unanimously.
President deMedeiros reported that for items 9A and 9B, discussion only was held, for item 9C, discussion was held and direction given to the Solicitor, and no action was taken on item 9D.
10. ADJOURNMENT
Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 11:05 p.m.
A True Copy.
ATTEST________________________________
Jean Marie Veegh, Deputy Town Clerk