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 10, 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.

A moment of silence was taken in remembrance of Councilman Joseph C. Perry.

3. ROLL CALL

Present

President Denise M. deMedeiros	Vice President Michael S. Burk	Deborah G. Janick (late 8:26pm)
John G. Edwards V	Jay P. Edwards	Dennis J. Milbourne

 

Solicitor Romano, Administrator Cotta, Clerk Chabot, 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. September 26 – Regular Meeting

     2. September 26 – Executive Session

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Personnel Board – (3)

     2. Zoning Board of Review – (2)
     3. Economic Development Commission – (1)
     4. Dog Park Advisory Committee – (1)
     5. Litter Control Committee – (1)
     6. Zoning Revision Committee – (1)
     7. Historic Preservation Advisory Board – (1)

 

C. Acknowledge Receipt of Reports

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

     2. Town Administrator – Police and Fire Department Overtime Reports – September 2023

 

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

 

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

Comments: Joanne Arruda addressed Council about the unprecedented situation of replacing a vacant council seat, after the recent passing of Councilman Joseph Perry. She shared that several residents had expressed concerns about the process, expecting appointment from the last election write-in votes. Acknowledging the Charter language does not include write-in votes, she asked that consideration be given to the write-in votes as a representation of will of the people.

 

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

                A. Newport and Bristol County Convention and Visitors' Bureau per RIGL 42-105-2 (v)

                    (1) Tiverton representative, (3) Year Terms, (1) Vacancy, Term ending 9/30/2026

                    1. Meredith Brower, 930 Puncatest Neck Road – Requests re-appointment

 

Councilor Burk motioned to re-appoint Meredith Brower to the Newport and Bristol County Convention and Visitors' Bureau for a term ending 9/30/2026. Seconded by Councilor Edwards V, the motion passed unanimously.

                B. Planning Board - (9) Member Board (3) Year Terms (2) Vacancies,

                     Term ending 7/15/2024 (1), Term ending 7/15/2026 (1)

                     1. Christopher Shriver, 113 Fir Avenue – Requests re-appointment

                     2. Adam Rapoza, 31 Carpenter Street – Requests re-appointment

                     3. V.A. Lopes, 267 Deer Run Road – Requests appointment

 

Christopher Shriver and Adam Rapoza were each interviewed. V.A Lopes had previously been interviewed.

 

Councilor Burk motioned to re-appoint Chris Shriver to the Planning Board for a term ending 7/15/2026. Seconded by Councilor Edwards V, the motion passed unanimously.

Councilor Edwards V motioned to re-appoint Adam Rapoza to the Planning Board for a term ending 7/15/2024. Seconded by Councilor Milbourne, the motion failed 2-3, with Councilors deMedeiros, Burk and Edwards opposed.

 

Councilor Burk motioned to appoint V. A. Lopes to the Planning Board for a term ending 7/15/2024. Seconded by Councilor Edwards, the motion passed unanimously.

 

                C. Economic Development Commission - (5) Member Board (4) Year Terms (1) Vacancy,

                     Term ending 7/15/2027

                     1. V.A. Lopes, 267 Deer Run Road – Requests appointment

                     2. Scott Burns, 117 Neck Road – Request appointment

 

Councilor Burk motioned to appoint Scott Burns to the Economic Development Commission for a term ending 7/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

 

                D. Harbor Commission - (9) Member Board (2) Year Terms (2) Vacancies, Terms ending 7/15/2025

     1. Christopher Shriver, 113 Fir Avenue – Requests re-appointment

 

Councilor Edwards V motioned to re-appoint Chris Shriver to the Harbor Commission for a term ending 7/15/2025. Seconded by Councilor Edwards, the motion passed unanimously.

 

7. GENERAL BUSINESS

A. Councilor Edwards V – Discussion regarding Casino Gaming Revenue shortfall FY2022 & FY2023

 

Treasurer Saurette briefly explained the town records on a cash basis while the state works on an accrual basis. She noted that theoretically she could make entries to bring to $3,000,000 but would need to reverse the entry the following quarter.  

 

B. Councilor Burk – Clarification regarding Tiverton Public Library property responsibility

 

Solicitor Romano had been tasked with the review of pertinent statutes and the bond to determine whether the Library Board of Trustees has control over the outside property. There had been questions at the previous meeting about special events held at the Dog Park, which directly abuts Library property. The Solicitor’s opinion was that the Board did have control over the library as well as the real property the library sits on. He furthered that the Board must apply the Library solicitation policy consistently to those seeking to use Library property.

 

Discussion continued relative to an upcoming craft fair event to be held at the library, where not only the Library would be collecting fees, but vendors would be profiting. This appears to be in violation of the Library solicitation policy.  It was also suggested to check into the feasibility of granting an easement for Dog Park access which requires access across Library property along Roosevelt Avenue. The Solicitor agreed to look further into the solicitation policy and the possible easement.   

 

C. Town Administrator – Report from Police and Fire Department on Public Safety Report for Bally’s

     Tiverton Casino during 2022 and year-to-date 2023

Police Chief Jones and Fire Chief Bailey presented data to the Council. Chief Jones noted an uptick in arrests that he attributed to emerging from COVID-19 as well as 24/7 police presence at the casino. He affirmed the relationship they had with Bally’s was solid and described them as a good community neighbor. Regarding motor vehicle accidents, much of it was related to Casino Blvd and the roundabout and not the casino directly.  Chief Bailey relayed that fire/rescue data was trending similarly to 2022. It was noted that Bally’s pays for both the police and fire detail at the facility.

 

D. DPW Director Rogers – Discussion and possible vote on funding to clean and video town

     owned/maintained sewer lines for $45,000

Due to new information impacting the $45,000 cost estimate, Director Rogers asked that the item be continued until the next meeting.

                E. DPW Director Rogers – Discussion and possible vote to approve the Rhode Island Department of
                     Transportation Municipal Road & Bridge Program (MRBP) agreement

Councilor Edwards V motioned to direct the Chief Financial Officer, the Town Solicitor, and the Town Administrator to sign the agreement as presented by the DPW Director. Seconded by Councilor Edwards, the motion passed unanimously.

 

F. DPW Director Rogers – Discussion and possible vote on funding for asphalt paving for $750,000 in
    light of state matching program

 

Director Rogers explained how leveraging the State reimbursement funds will assist with town-wide paving projects. He said the submittal was due next week, and suggested requesting more funds than the actual estimates as those could be subject to change. He noted that funding must be allocated before the end of July 2024.

 

G. Councilor Edwards/Solicitor Romano – Update on Abigail Estates

 

Councilor Edwards explained how the residents of the 12-unit subdivision, concerned the developer was not completing infrastructure requirements, petitioned the Planning Board to call the bond. He stated that would have released the contractor from responsibility, therefore the Planning Board instead gave the developer a punch list with a deadline of November 5, 2023. He added there was an indication the developer had begun the work.

 

H. Councilor Edwards – Discussion and possible vote to approve funding to advertise a public hearing
     related to Zoning and Subdivision Regulations per required changes in state law and set the schedule
     for public hearing

 

Councilor Edwards explained the new state zoning requirements required expeditious planning in light of the January 1, 2024, deadline. Solicitor Romano furthered there were essentially two types of ordinances - those that are required to change by state law with no options, and other changes that included options that needed to be determined. To accommodate the three-week advertising requirement, the schedule needed to be set.

 

Councilor Burk motioned to approve funding to advertise public hearing related to zoning and subdivision regulations per required changes in state law and set the schedule for public hearing. Seconded by Councilor Edwards V, the motion passed unanimously.

After further discussion, it was agreed to schedule a special meeting on November 20, 2023, at 7 p.m. 

 

Councilor Burk motioned that the public hearing for zoning and subdivision regulations which will be advertised per the other vote be held on November 20, 2023, at 700 p.m. at a location to be determined. Seconded by Councilor Edwards V, the motion passed unanimously.

Councilor Janick arrived at 8:26pm.

 

J. Council President deMedeiros – Discussion and possible vote to advertise for open Town Council

    Position per Home Rule Charter Section 202

 

Councilor Edwards motioned to grant permission to advertise for an open Town Council position per Home Rule Charter Section 202 for two weeks. Seconded by Councilor Vice President Burk, the motion passed unanimously.

 

K. Town Administrator – Discussion and possible vote to approve the development of a scope of work by

     Weston & Sampson Engineers, Inc. for work with the North End and Industrial/Business Park

     Subcommittee and for work to amend Zoning and Subdivision Regulations per required changes in
     state law

 

Councilor Edwards V motioned to approve the development of a scope of work by Weston & Sampson Engineers, Inc. for work, as advertised. Seconded by Councilor Janick, the motion passed unanimously.

 

L. Town Administrator – Discussion and possible vote to approve Budget transfer requests for Fiscal Year

     2022- 2023

a. $29,308.10 from Acct 1020-6890 TC Contingency to Acct 1050-7159 Litigation

b. $10,944.00 from Acct 1020-6890 TC Contingency to Acct 1050-7191 Labor Counsel

c. $2,490.70 from Acct 1020-6890 TC Contingency to Acct 1080-7140 Public Stenographer

d. $9,072.21 from Acct 1020-6890 TC Contingency to Acct 1120-7590 Computer Service

e. $2,984.24 from Acct 2190-5268 Active Health Insurance to Acct 2190-5269 Retired Health Ins.

f. $7,813.64 from Acct 2190-7925 Workmen’s Comp Insurance to Acct 2190-7920 Liability Ins.

g. $5,290.59 from Acct 3330-5108 TPD Longevity to Acct 3330-6648 Tires, Parts & Maintenance

h. $12,400.00 from Acct 3330-5101 TPD Personnel Salaries to Acct 3330-7999 Resource Officer School     

 

Councilor Burk motioned to approve the budget transfer requests for FY 2022- 2023 as listed on the agenda. Seconded by Councilor Edwards V, the motion passed unanimously.

 

8. EXECUTIVE SESSION

A. 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

 

B. Town Administrator – 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 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.

 

D. 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

 

E. Town Solicitor – RIGL 42-46-5(a)(2) Litigation: Sakonnet Partners LLC v. Tiverton Zoning Board

     (NC 2023-0337) Discussion and update of appeal filed by the plaintiff related to the denial of the

     development plan review of Crematorium at 730 Main Road Tiverton, RI.

 

 

Councilor Edwards V motioned to enter Executive Session for agenda items 8A through 8E. Councilor Edwards seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 8:35 p.m.

Council returned to open session at approximately 9:56 p.m.

 

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

 

Solicitor Romano reported that for item 8A, a vote was taken but the disclosure of any such votes taken in executive session at this point would be detrimental to the interests of the town and therefore they will not be disclosed at this time. For items 8B, 8C, 8D, and 8E, no votes were taken.

 

9. ADJOURNMENT

Councilor Edwards V motioned to adjourn the meeting. Councilor Burk seconded the motion. The motion unanimously passed. The meeting adjourned at 9:58 p.m.

 

A True Copy.

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk