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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 Monday, November 25, 2024, 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
Jay P. Edwards David J. Paull John G. Edwards V
Absent
Dennis J. Milbourne
Solicitor Marcello, Clerk Chabot, and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
Council President 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. Zoning Revision Committee – (5)
2. Litter Control Committee – (1)
3. Open Space and Land Preservation – (1)
4. Harbor Commission – (1)
B. Acknowledge Receipt of Reports
1. Treasurer Saurette – October 2024 Budget and Revenue Reports
C. Acknowledge Receipt of Correspondence
1. Bonnie Strickman, 17 Vitruvian Ln – Letter of thanks for jackhammer noise intervention and
requesting code of ordinances review related to industrial noise/construction activity in
residential areas
D. Approval of Tax Assessor Abatements – $18.555.69
F. Approval of License Renewals – Non-Advertised (December 1, 2024, to November 30, 2025)
See attached lists for:
Tobacco Dealers License Renewals
Victualling License Renewals
Holiday License Renewals
Councilor Edwards removed item D
Councilor Janick removed item C1
Councilor Edwards V removed item B1
Councilor Burk motioned to approve the Consent Agenda items except for items 4-B1, C1 and D. Seconded by Councilor Edwards V, the motion passed unanimously.
Re: B-1 – Councilor Edwards V thanked the Treasurer her for putting the funding status of the pension on the report.
Councilor Edwards V motioned to approve item 4-B1. Seconded by Councilor Burk, the motion passed unanimously.
Re: C-1 - Councilor Janick referenced the letter from Bonnie Strickman regarding her request to review the code of ordinance related to the processing of large stone as well as construction noise issues all days including Sundays and holidays. President deMedeiros agreed the ordinance should be reviewed.
Councilor Janick motioned to approve item 4-C1. Seconded by Councilor Edwards V, the motion passed unanimously.
Re: D - Councilor Edwards had questions on several items related to tax abatements. Tax Assessor Robert explained the total abatement $18,555 consisted of three abatements for one property. However, the net abatement was only $4,447 as a supplemental bill will be re-issued under one, rather than three separate bills.
Councilor Edwards motioned to approve item 4-D. Seconded by Councilor Edwards V, the motion passed unanimously.
5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS
Resident Jamie French asked that a correction be made to the October Harbor Commission minutes that stated she was against commercial development in the waterfront zone. She clarified that she was against industrial waterfront development as well as changing residential property surrounded by existing residential neighborhoods, to other uses. She was advised to contact the Harbor Commission to address the matter.
6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. Andrea Sousa from North End and Industrial/Business Park Advisory Subcommittee,
effective 11/19/2024
Councilor Burk motioned to accept the resignation with deep regret and appreciation for her service. Seconded by Councilor Edwards V, the motion passed unanimously.
B. Housing Authority - (5) Member Board (5) Year Terms (1) Vacancies
1. Robin A. Sedoma, 19 Bayview Avenue - Requests appointment term ending 10/15/2027
Councilor Edwards V motioned to waive policy and move to appointment. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Edwards V motioned to appoint Robin A. Sedoma to the Housing Authority for a term ending 10/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.
C. Harbor Master – Annual Term expiring 12/31/2024
1. Tyler Loomis, 89 John Duggan Road – Requests Annual Re-Appointment with Harbor and Coastal
Waters Management Commission Recommendation
Councilor Burk motioned to re-appoint Tyler Loomis as the Harbormaster with annual term ending 12/31/2025. Seconded by Councilor Edwards V, the motion passed unanimously.
7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes, subject to meeting all legal requirements
A. Approval of the proposed amendment to the Tiverton Code of Ordinances Appendix A Zoning, Article
XVI, Special Use Permits, Section 1 Applicability. This proposed ordinance will change the period that
uses requiring a special use permit shall be converted to not permitted from January 1, 2024 to
November 30, 2024 to the period of January 1, 2024 to December 31, 2024.
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Burk motioned to amend the ordinance to strike from line 23, the date of December 31, 2024 and replace it with the date of February 28, 2025. Seconded by Councilor Edwards V, the motion passed unanimously.
Councilor Burk motioned to approve the ordinance as amended. Seconded by Councilor Edwards V, the motion passed unanimously.
8. 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
ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2024 to November 30, 2025)
B. Junkyard and Second Hand Dealer License
1. Arnold’s Auto Parts, 1484 Crandall Road (ANN-23-26)
2. General Auto Recycling, Inc., 384 King Road (ANN-23-39)
3. Lagasse Salvage Yard, 20 Cory’s Lane (ANN-23-38)
4. Tiverton Auto Parts, Inc., 541 Bulgarmarsh Road (ANN-23-78)
5. Sanford & Son LTD, 104 Cynthia Avenue (ANN-23-12)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-B as listed. Seconded by Councilor Paull, the motion passed unanimously.
C. Liquor License Renewals
CLASS A – Liquor Stores - ($1000)
1. Crossroad Liquor, 1540 Bulgarmarsh Road (LIQ-23-5)
2. Stone Bridge Liquors, 2490 Main Road (LIQ-23-22)
3. Tiverton Liquor, 65 Main Road (LIQ-23-19)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-C Class A as listed. Seconded by Councilor Paull, the motion passed unanimously.
CLASS BC – Casino - ($2,500)
1. Bally's Tiverton Casino & Hotel, 777 Casino Blvd (LIQ-23-13)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-C Class BC as listed. Seconded by Councilor Paull, the motion passed unanimously.
CLASS BV– Full Liquor License - ($800)
1. Black Goose Café, 2160 Main Road (LIQ-24-2)
2. Evelyn’s Nanaquaket Drive-In, Inc., 2335 Main Road (LIQ-23-6)
3. Atlantic Sports Bar & Restaurant, 70 Shove Street (LIQ-23-4)
4. Localz Burgers & Cocktails, 4 Stafford Road (LIQ-23-21)
5. Macray’s Seafood, 115 Stafford Road (LIQ-23-14)
6. The Boat House Restaurant LLC, 227 Schooner Drive (TEST-23-7)
7. Riptide Sports Grille Inc., 1 Bay Street (LIQ-23-16)
8. Sakonnet River Grille, 524 Main Road (LIQ-23-8)
9. Barcello’s Family Restaurant, 1214 Stafford Road (LIQ-23-20)
10. Spring Restaurant, Inc., 118-120 Main Road (LIQ-23-11)
11. Le Moulin Rouge, 1403 Main Road (LIQ-23-25)
12. The Red Dory, 1848 Main Road (LIQ-23-12)
13. Family Ties, 221 Main Road (LIQ-23-23)
14. Sports Kitchen LLC, 300 Industrial Way (LIQ-23-24)
15. Four Corners Grille, 3841 Main Road (LIQ-23-9)
16. Pine House Kitchen & Bar, 13 Crandall Road (LIQ-23-26)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-C Class BV as listed. Seconded by Councilor Paull, the motion passed unanimously.
CLASS BVL – Limited Liquor License ($400)
1. Classic Pizza, 486 Main Road (LIQ-23-10)
2. Groundswell Cafe & Bakery, 3883 Main Road (LIQ-23-17)
3. Jacky's Galaxie Tiverton, 777 Casino Blvd (LIQ-23-3)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-C Class BVL as listed. Seconded by Councilor Paull, the motion passed unanimously.
CLASS BT – Bed and Tavern - ($800)
1. Brookdale Sakonnet Bay, 1215 Main Road (LIQ-23-15)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-C Class BT as listed. Seconded by Councilor Paull, the motion passed unanimously.
CLASS D –Unlimited Club Licenses ($200)
1. Bayview Holy Ghost Club, 66 Bottom Street (LIQ-24-3)
2. Woodrow L. Silvia VFW Post 5392, 134 Shove Street (LIQ-24-4)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-C Class D as listed. Seconded by Councilor Paull, the motion passed unanimously.
D. Indoor Shooting Range Renewals
1. Tiverton Rod & Gun Club, 1529 Fish Road (ANN-23-37)
2. Sakonnet River Outfitters, 777 Main Road (ANN-23-63)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-D as listed. Seconded by Councilor Burk, the motion passed unanimously.
NON ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2024 to Nov. 30, 2025)
E. Approval of Entertainment Licenses
1. Atlantic Sports Bar and Restaurant, 70 Shove Street (ANN-23-32)
2. Bayview Holy Ghost Club, 66 Bottom Street (ANN-23-50)
3. Sandywoods Farm, Inc., 43 Muse Way (ANN-23-71)
4. Spring Restaurant, 118-120 Main Road (ANN-23-65)
5. Bally’s Tiverton Casino & Hotel, 777 Casino Blvd. (ANN-23-54)
6. Barcello’s Family Restaurant. 1214 Stafford Road (ANN-23-88)
7. Brookdale Sakonnet Bay, 1215 Main Road (ANN-23-79)
8. Woodrow L. Silvia VFW Post 5392, 134 Shove Street (ANN-24-11)
9. Four Corners Art Center, 28 East Road (ANN-23-18)
10. Sports Kitchen, LLC, 300 Industrial Way (ANN-23-100)
11. Localz Burgers & Cocktails, 4 Stafford Road (ANN-23-109)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-E as listed. Seconded by Councilor Burk, the motion passed unanimously.
F. Mobile Home-Park License Renewals
1. Dadson Estates Mobile Home Park, 301 Bulgarmarsh Road (ANN-23-53)
2. Four Seasons Mobile Home Association, 225 Brayton Road (ANN-23-77)
3. Heritage Home Park Cooperative Inc., 100 Heritage Park (ANN-23-49)
4. Pachet Brook Park Inc., 4502 Main Road (ANN-23-70)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-F as listed. Seconded by Councilor Paull, the motion passed unanimously.
G. Manufactured Home Elderly Community License Renewal
1. Countryview Estates, 213 Hurst Lane (ANN-24-12)
(Planning Board Recommendation)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-G as listed, pending positive recommendation from the Planning Board. Seconded by Councilor Burk, the motion passed unanimously.
H. Quarry
1. Helger Bros. Sand & Gravel, LLC, 1764 Crandall Road (ANN-23-103)
(Planning Board Recommendation)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-H as listed, pending positive recommendation from the Planning Board. Seconded by Councilor Paull, the motion passed unanimously.
I. Petroleum Storage License Renewals
1. Andrew E. Snider, 605 Neck Road (ANN-23-7)
2. Tiverton Department of Public Works, 50 Industrial Way (ANN-23-34)
3. Inland Fuel Terminals, 25 State Avenue (ANN-23-17)
4. Phil’s Propane, 477 Crandall Road (ANN-23-3)
5. George’s Gas & Service, 1215 Stafford Road (ANN-23-73)
6. Bally’s Tiverton Casino & Hotel, 777 Casino Blvd. (ANN-23-54)
7. Joe’s Kwik Marts #5014, 1308 Stafford Road (ANN-23-83)
8. Quick Fuel Stop, 861 Main Road (ANN-23-2)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-I as listed. Seconded by Councilor Paull, the motion passed unanimously.
J. Fireworks License Renewals
1. Elaine’s Country Store, 1204 Fish Road (ANN-23-94)
2. Crossroads Liquors, 1540 Bulgarmarsh Road (ANN-23-36)
3. RAMCO Fireworks, 1560 Bulgarmarsh Road (ANN-23-8)
4. Firework Connection, 34 Main Road (ANN-23-82)
5. Stateline Tobacco, 29 Stafford Road (ANN-23-95)
6. Tiverton Liquors, 65 Main Road (ANN-23-87)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-J as listed. Seconded by Councilor Paull, the motion passed unanimously.
K. Flea Market License Renewal
1. Route 177 Flea Market, 1560 Bulgarmarsh Road (ANN-24-17)
President deMedeiros opened the public hearing.
With no public comments, President deMedeiros closed the public hearing.
Councilor Edwards V motioned to approve item 8-K as listed. Seconded by Councilor Paull, the motion passed unanimously.
9. GENERAL BUSINESS
A. Discussion and possible vote to authorize painting double line on Hurst Lane as requested by Rep.
Jay Edwards at the 11/12/2024 meeting
Councilor Edwards V motioned to authorize the painting of appropriate road lines on Hurst Lane. Seconded by Councilor Paull, the motion passed unanimously.
B. Discussion and possible vote to approve amended Resolution 2024-0003 Establishing Tiverton North End and Industrial/Business Park Subcommittee of the Tiverton Economic Development Commission to remove the requirement that the Chair be a Town Council member
Councilor Edwards V motioned to approve amended Resolution 2024-0003 Establishing Tiverton North End and Industrial/Business Park Subcommittee of the Tiverton Economic Development Commission to remove the requirement that the Chair be a Town Council member. Seconded by Councilor Burk, the motion passed unanimously.
C. Discussion and possible vote to approve Resolution 2024-0019 Appropriating funds from the Casino Special Revenue Account as approved at the 11/12/2024 meeting
Councilor Burk motioned to approve Resolution 2024-0019 Appropriating funds from the Casino Special Revenue Account as approved at the 11/12/2024 meeting. Seconded by Councilor Edwards V, the motion passed unanimously.
D. Recreation Chair Gilfillen - Discussion and possible vote to approve establishment of Tiverton Kickball League (cont. from 11/12/2024 meeting)
Councilor Edwards V motioned to table to the next meeting. Seconded by Councilor Burk, the motion passed unanimously.
E. DPW Director – Discussion and possible vote to award contract to United Fence & Construction Corp. for Fence and Rail work at Fort Barton Reserve, with an additional $16,000 in funds approved/allocated by the Town Council from Gaming or APRA
Councilor Burk motioned to award a contract to United Fence & Construction Corp. for Fence and Rail work at Fort Barton Reserve, with a Resolution for additional funds not to exceed $20,000.00 allocated from Gaming funds. Seconded by Councilor Edwards V, the motion passed unanimously.
F. Town Administrator/Town Treasurer – Discussion and possible vote to allocate remaining ARPA funds to pay for items previously obligated by Resolution from the Casino Gaming Capital account (items C, D and G from last meeting and Administrator memo)
Councilor Edwards V motioned to direct the Council President, Town Administrator, and Department heads to sign the Memorandums of Understanding with the date corrected. Seconded by Councilor Burk, the motion passed unanimously.
G. Discussion and possible vote to amend Newport and Bristol County Convention and Visitors' Bureau representative Meredith Brower’s term ending date to June 30, 2026
Councilor Burk motioned amend Newport and Bristol County Convention and Visitors' Bureau representative Meredith Brower’s term ending date to June 30, 2026. Seconded by Councilor Edwards V, the motion passed unanimously.
H. Discussion and possible vote to appoint Chief Patrick Jones as interim Town Administrator, with a $1,000.00/weekly stipend, effective 12/4/2024
Councilor Edwards V motioned to appoint Chief Patrick Jones as interim Town Administrator, with a $1,000.00/weekly stipend, effective 12/4/2024. Seconded by Councilor Paull, the motion passed unanimously.
10. EXECUTIVE SESSION - The Town Council may vote to go into executive session in accordance with the RI Open Meetings Act to discuss and or act upon the following items:
A. Town Administrator – RIGL 42-46-5(5) – Discussion related to the acquisition or lease of real property
for public purposes wherein advanced public information would be detrimental to the interest of the
public – related to a conservation easement and related purchase and sale
B. Solicitor Marcello - RIGL 42-46-5(a)(2) - David McGovern et. al. v. William Bailey III et. al, USDC-RI
1;24-cv-00100-MSM-LDA; litigation update
Councilor Edwards V motioned to enter into Executive Session for agenda item 10-A and 10-B. Seconded by Councilor Paull, the motion passed unanimously.
The council entered a closed executive session at approximately 7:48 p.m.
11. RECONVENE in OPEN SESSION and Sealing of Executive Session Minutes
The Council returned to open session at approximately 8:12 p.m.
Councilor Edwards V motioned to seal the minutes of the Executive Session. Councilor Paull seconded the motion. The motion passed unanimously.
Solicitor Marcello reported for items 10-A and 10-B discussion only, no votes taken.
12. ADJOURNMENT
Councilor Edwards V motioned to adjourn the meeting. Councilor Paull seconded the motion. The motion unanimously passed. The meeting adjourned at 8:13 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, CMC Town Clerk