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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, September 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.

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

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 11 – Regular Meeting (Councilor Perry abstains, absent)
     2. September 5 – Special Joint Meeting (Councilor Perry abstains, absent)

 

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Board of Canvassers - (2)
     2. Cemetery Commission – (1)

 

C. Acknowledge Receipt of Reports

     1. Treasurer Saurette – August 2023 Budget and Revenue Reports

 

D. Acknowledge Receipt of Correspondence

     1. Ms. Carol Herrmann, Chair Library Board of Trustees – letter regarding Dog Park Special Event and

         Library Landscaping Project

 

E. Approval of Tax Assessor Abatements – $1,707.34

 

Councilor Edwards V removed item 4-C.

Councilor Edwards motioned to approve Consent Agenda items except for 4-C. Seconded by Councilor Edwards V, the motion passed unanimously.

Councilor Edwards V asked for clarification about the $3M guaranteed casino gaming revenue for FY22 and

FY23 as shown on page 2 of the Treasurer’s report. Council President deMedeiros noted she would add an

agenda item to the next meeting agenda for clarification by the Treasurer.  

 

Councilor Edwards V motioned to approve Consent Agenda item 4-C. Seconded by Councilor Janick, the motion passed unanimously.

 

TOWN COUNCIL ADMINISTERING OATH OF OFFICE

 TO POLICE OFFICER BLUE

 

Tiverton’s first comfort-therapy dog, three-month-old Blue, an English Labrador retriever, was sworn in by

President deMedeiros as the newest member of the Tiverton Police Department. His handler, Officer Shaun

Wilson, proudly looked on. Other comfort dogs from police departments in Bristol, Somerset, and Cranston

were on hand to witness the ceremony and wish Blue well.

 

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

Comments: Library Board of Trustees Chair Carol Herrmann held her comments until item 8-A commenced.

 

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

A. Approval of the proposed amendment to the Tiverton Code of Ordinances - Chapter 74 TAXATION,
     ARTICLE II – PROPERTY TAX EXEMPTIONS DIVISION 5. ECONOMIC DEVELOPMENT REAL ESTATE
     EXEMPTIONS and DIVISION 6. VISUALLY IMPAIRED PERSONS to delete Division 5, Sections 74-79

                     through 74-85, and to amend Section 74-90 to increase the tax credit from $300.00 to $330

 

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

 

Councilor Edwards V motioned to amend Chapter 74 TAXATION, ARTICLE II – PROPERTY TAX EXEMPTIONS DIVISION 5. ECONOMIC DEVELOPMENT REAL ESTATE EXEMPTIONS and DIVISION 6. VISUALLY IMPAIRED PERSONS to delete Division 5, Sections 74-79 through 74-85, and to amend Section 74-90 to increase the tax credit from $300.00 to $330. Seconded by Councilor Edwards, the motion passed unanimously.

 

                B. Approval of the proposed amendment to the Tiverton Code of Ordinances - Chapter 58 PEDDLERS
                   AND SOLICITORS, ARTICLE II – PEDDLERS AND HAWKERS to move the annual renewal date from the

                     current May 1 annually to one (1) year from the date of its issuance

 

As there were multiple types of licenses, Clerk Chabot recommended the amendment language should be changed from “All licenses” to “All annual licenses.” 

 

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

 

Councilor Edwards V motioned to approve the ordinance amendment changed to include “All annual licenses”. Seconded by Councilor Janick, the motion passed unanimously.

 

7. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

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

                     Term expiring 7/15/2024 (1), Term expiring 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

 

V.A Lopes was interviewed. Christopher Shriver and Adam Rapoza were not available but would be able to be interviewed at the next meeting on 10/10/2023.    

 

                B. 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

 

Scott Burns was interviewed and V.A Lopes had just previously been interviewed. Item was continued to 10/10/2023 for appointment.   

 

                C. Harbor Commission - (9) Member Board (2) Year Terms (2) Vacancies, Terms ending 7/15/2025
                   1. Christopher Shriver, 113 Fir Avenue – Requests re-appointment

 

Christopher Shriver was not available but would be able to be interviewed at the next meeting on 10/10/2023.

 

8. GENERAL BUSINESS

A. Tiverton Dog Park Advisory Committee – Discussion and possible vote regarding the Raymond F.

     Jones Memorial Dog Park event LalaPawrooza to be held on October 7, 2023 (rain date October 8,

     2023) from 10:00 AM to 3:00 PM

 

Dog Park Advisory Committee Chair Paull and member Quinlan gave a brief description of the event. It had been held the year prior with no issue. It was clarified that the event time was from 10:00 a.m. to 1:00 p.m.     

 

Discussion ensued about the parking/event date conflict with a Tiverton Little League tournament scheduled from 10 a.m. to 4 p.m. Little League director Mike Decotis had emailed participants asking them to park only at Bulgarmarsh Park. Police would be present for traffic control. With over 150 parking spaces available, a parking issue was not expected.

 

Library Board of Trustees Chair Carol Herrmann referenced a previously sent email about the LalaPawrooza event. She noted the decision to send the email had been unanimously approved by the board at their most recent meeting, at the request of Library Director Damiani, who had concerns about parking lot safety should two events take place on the same day. She explained that Ms. Damiani was now comfortable with the latest modified arrangements. It was suggested that both the Library and Dog Park Committee commit to better communication in coordination of future events.

Further discussion and questions arose involving Tiverton Public Library sponsored events, vendors selling goods, future landscaping plans, and overall library property responsibility.

Councilor Burk stated clarification was necessary on exactly what role the Library Trustees have over the property. The Solicitor will provide a clarification at the next meeting.

Councilor Edwards motioned to approve the Tiverton Dog Park LalaPawrooza event to be held on October 7, 2023 (rain date October 8, 2023) from 10:00 AM to 1:00 PM. Seconded by Councilor Edwards V, the motion passed unanimously.

 

B. Economic Development Commission – Upcoming Greater Newport Chamber October 24, 2023

     Business Walk  

 

EDC Chair Renee Jones briefed the council on the upcoming 4th Annual Business Walk event designed to bring together business owners, local leaders, and government representatives to gather feedback about the current business climate. She asked council members to consider participation in the event, noting a luncheon was included. She would be sending invitations to the Council as well as other Boards and Commissions.

 

C. Update and Discussion to update and revise parking and nuisance ordinance (Chief and Solicitor)

 

Police Chief Jones stated the proposed ordinance was not ready and needed another month.

 

9. EXECUTIVE SESSION

A.      Town Solicitor – RIGL 42-46-5(a)(2) Litigation Notification of Claim from Attorney Levine pursuant to

RIGL 45-15-5

 

B. Town Solicitor – RIGL 42-46-5(a)(2) Litigation:  Highland Ridge Farm, LLC v. Town of Tiverton, et al.

     (NC 2023-0260) update

 

Councilor Janick motioned to enter Executive Session for agenda items 9A and 9B. Councilor Edwards V seconded the motion. The motion passed unanimously.

 

Council entered closed executive session at approximately 8:07 p.m.

Council returned to open session at approximately 8:23 p.m.

 

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

 

Solicitor Romano reported that both items were discussion only, and no votes were taken.

 

10. ADJOURNMENT

Councilor Edwards V motioned to adjourn the meeting. Councilor Burk seconded the motion. The motion unanimously passed. The meeting adjourned at 8:24 p.m.

 

A True Copy.

 

ATTEST________________________________

                         Joan B. Chabot, Town Clerk

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