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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, October 28, 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

Administrator Cotta, 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. Approval of Town Council Minutes
1. October 15, 2024 – Regular Meeting

2. October 15, 2024 – Executive Session

3. October 18, 2024 – Special Meeting (Councilors Edwards V and Milbourne abstain, absent)

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Historical Cemeteries Commission – (2)

2. Historical Preservation Advisory Board – (1)
3. Harbor Commission – (1)

C. Acknowledge Receipt of Reports

1. Treasurer Saurette – September 2024 Budget and Revenue Reports

D. Approval of Tax Assessor Abatements – $3,149.11

Councilor Edwards V removed item C-1.

Councilor Burk motioned to approve the Consent Agenda items except for item C-1. Seconded by Councilor Edwards V, the motion passed unanimously.

Councilor Edwards V suggested including a police pension percentage funded line item relative to the last actuarial valuation on the Budget and Revenue Reports. He also reminded that, as previously discussed, the Pay As You Throw (PAYT) process should be included on a future agenda to consider alternative option such as bag stickers and/or automated collection to increase revenue and offset costs.

Councilor Edwards V motioned to approve Consent Agenda item C-1. Seconded by Councilor Burk, the motion passed unanimously.

5. PUBLIC COMMENTS

Susan Anderson brought to the councils’ attention that an area on the newly paved Highland Road had dashed lines indicating a crosswalk was to be painted in front of a vacant former church that was privately owned. Administrator Cotta stated he would have the DPW Director address it with the state contractor.

6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

A. Acknowledgement of resignation:

1. Shirley Moller from Cemetery Commission effective 10/18/2024

2. Kathy Clarendon from Library Board of Trustees effective 10/15/2024

3. Maureen Morrow from Litter Committee effective 10/15/2024

4. Joyce Andrews from Litter Committee effective 10/15/2024

5. Sr. Michealinda Plante from Tiverton Housing Authority, effective 9/30/2024

Councilor Burk motioned to accept the resignations with thanks for their service. Seconded by Councilor Edwards V, the motion passed unanimously.

B. Economic Development Commission - (5) Member Board (4) Year Terms (1) Vacancy
1. Dean B. Holt, 333 Village Road - Requests re-appointment for term ending 10/15/2028

Dean Holt was interviewed by council.

Councilor Edwards V motioned to waive policy and move to re-appointment. Seconded by Councilor Janick, the motion passed unanimously.

Councilor Edwards V motioned to re-appoint Dean B. Holt to the Economic Development Commission for a term to expire 10/15/2028. Seconded by Councilor Edwards, the motion passed unanimously.

C. Juvenile Hearing Board - (7) Member Board (3) Year Terms (1) Vacancy (2) Alternate Vacancies

1. Patrick Meyers, 211 Judson Street - Requests re-appointment for term ending 10/15/2027

Patrick Meyers was interviewed by council.

Councilor Burk motioned to waive policy and move to re-appointment. Seconded by Councilor Edwards V, the motion passed unanimously.

Councilor Burk motioned to re-appoint Patrick Meyers to the Juvenile Hearing Board for a term to expire 10/15/2027. Seconded by Councilor Edwards V, the motion passed unanimously.

2. Robert Sedoma, 19 Bayview Ave - Requests re-appointment as 1st Alternate, term ending

10/15/2027

3. Dr. Bonita G. Cade 12 Antelope Way – Requests re-appointment as 2nd Alternate, term
ending 10/15/2027

Robert Sedoma was interviewed by council. Dr. Cade was not present.

Councilor Edwards V motioned to waive policy and move to re-appointment on items 6-C-2 and 3. Seconded by Councilor Burk, the motion passed unanimously.

Councilor Edwards V motioned to re-appoint Robert Sedoma as 1^st Alternate to the Juvenile Hearing Board for a term to expire 10/15/2027 and Dr. Bonita Cade as 2nd Alternate to the Juvenile Hearing Board for a term to expire 10/15/2027. Seconded by Councilor Edwards, the motion passed unanimously.

D. Historic Preservation Advisory Board - (5) Member Board (3) Year Terms (2) Vacancies
1. Susan Anderson, 1137 Main Road - Requests re-appointment for term ending 10/15/2027

Susan Anderson was interviewed by council.

Councilor Edwards V motioned to waive policy and move to re-appointment. Seconded by Councilor Paull, the motion passed unanimously.

Councilor Edwards V motioned to re-appoint Susan Anderson to the Historic Preservation Advisory Board for a term to expire 10/15/2027. Seconded by Councilor Janick, the motion passed unanimously.

                E. Library Board of Trustees - (7) Member Board (3) Year Terms (3) Vacancies
                     Terms ending 10/15/2027 (2) and 10/15/2025 (1)
                   1. Carol Hermann, 1106 Main Road - Requests re-appointment for term ending 10/15/2027
                     2. Marlene Beaulieu, 301 Bulgarmarsh Road - Requests appointment

Carol Hermann was interviewed by council.

Councilor Edwards V motioned to waive policy and move to re-appointment on items 6-E-1 and 2. Seconded by Councilor Paull, the motion passed unanimously.

Councilor Edwards V motioned to re-appoint Carol Hermann to the Library Board of Trustees for a term to expire 10/15/2027. Seconded by Councilor Paull, the motion passed unanimously.

Marlene Beaulieu was interviewed by council.

Councilor Edwards V motioned to appoint Marlene Beaulieu to the Library Board of Trustees for a term to expire 10/15/2027. Seconded by Councilor Edwards, the motion passed unanimously.

                F. Personnel Board - (5) Member Board (4) Year Terms (2) Vacancies
                   1. Eugene Raposa, 413 Hooper Street - Requests re-appointment for term ending 10/15/2028
                     2. Dr. Marguerite Rizzi, 88 Barn Swallow Drive - Requests re-appointment for term ending 10/15/2028

Eugene Raposa was interviewed by council.

Councilor Edwards V motioned to waive policy and move to re-appointment on items 6-F, G, H, I, and J. Seconded by Councilor Janick, the motion passed unanimously.

Councilor Edwards V motioned to re-appoint Eugene Raposa to the Personnel Board for a term to expire 10/15/2028. Seconded by Councilor Edwards, the motion passed unanimously.

Dr. Marguerite Rizzi was interviewed by council.

Councilor Edwards V motioned to re-appoint Dr. Marguerite Rizzi to the Personnel Board for a term to expire 10/15/2028. Seconded by Councilor Edwards, the motion passed unanimously.

G. Conservation Commission - (7) Member Board (3) Year Terms (3) Vacancies
1. Richard Guimond, 37 Neck Road - Requests re-appointment for term ending 10/15/2027

Richard Guimond was interviewed by council.

Councilor Edwards V motioned to re-appoint Richard Guimond to the Conservation Commission for a term to expire 10/15/2027. Seconded by Councilor Janick, the motion passed unanimously.

                H. Litter Committee - (5) Member Board (4) Year Terms (2) Vacancies
                   1. Julie-Anne Knight, 58 Indian Point Road - Requests appointment for term ending 10/15/2028
                   2. Janice M. Carroll, 145 Judson - Requests appointment for term ending 10/15/2028

Julie-Anne Knight was interviewed by council.

Councilor Edwards V motioned to appoint Julie-Anne Knight to the Litter Committee for a term to expire 10/15/2028. Seconded by Councilor Paull, the motion passed unanimously.

Janice M. Carroll was interviewed by council.

Councilor Edwards V motioned to appoint Janice M. Carroll to the Litter Committee for a term to expire 10/15/2028. Seconded by Councilor Janick, the motion passed unanimously.

                I. Housing Authority - (5) Member Board (5) Year Terms (2) Vacancies
                     Terms ending 10/15/2027 (1) and 10/15/2029 (1)
                   1. Cecile Rose Guimar, 99 Hancock Street - Requests appointment

As Ms. Guimar was not present, it was decided to continue item to the next meeting.

Councilor Edwards V motioned to continue item I-1 to the next meeting. Seconded by Councilor Edwards, the motion passed unanimously.

J. Zoning Board of Review - (7) Member Board (5) Year Terms (1) Vacancy (2) Alternate Vacancies

1. Lise J. Gescheidt, 938 Lake Road - Requests re-appointment term ending 7/15/2029

Lise Gescheidt was interviewed by council.

Councilor Edwards V motioned to re-appoint Lise J. Gescheidt to the Zoning Board of Review for a term to expire 7/15/2029. Seconded by Councilor Janick, the motion passed unanimously.

2. Edwin Karl Schober, Jr., 124 Long Pasture Way - Requests re-appointment as 1st Alternate, term

ending 7/15/2025

Edwin Karl Schober was interviewed by council.

Councilor Edwards V motioned to re-appoint Edwin Karl Schober as 1^st Alternate to the Zoning Board of Review for a term to expire 7/15/2025. Seconded by Councilor Janick, the motion passed unanimously.

3. Marlen Oliva, 15 Jiley Hill Drive - Requests re-appointment as 2nd Alternate, term ending

7/15/2025

Marlen Oliva was not present for interview.

Councilor Edwards V motioned to re-appoint Marlen Oliva as 2^nd Alternate to the Zoning Board of Review for a term to expire 7/15/2025. Seconded by Councilor Paull, the motion passed unanimously.

7. GENERAL BUSINESS

A. Discussion and possible vote to schedule public hearing and to advertise public hearing for an amendment to Appendix A – Zoning Ordinance, Article XVI, Special Use Permits, Section 1 Applicability. This amendment 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

Councilor Edwards V motioned to approve the advertising and schedule the public hearing for November 25 council meeting. Seconded by Councilor Paull, the motion passed unanimously.

B. DPW Director Rogers – Discussion and possible vote to approve a $215,555 allocation to the DPW Paving – Drainage Account #5540-6794 and that any additional MRBP reimbursements be allocated to the #5540 -6794 Account

Councilor Burk motioned to approve the $215,555 received from RIDOT MRBP program to be reassigned to the DPW Paving – Drainage Account #5540-6794. Seconded by Councilor Edwards V, the motion passed unanimously.

C. Town Administrator – Landfill grant update

Administrator Cotta reported that after applying for $2.1 million grant for landfill closure, USDA approved $962,000, yet requested further justification on some remaining items. After the additional information was supplied, the grant amount was increased to just over $1.4 million.

D. Town Administrator – Discussion and possible vote to authorize the transfer of $5,000 from Council Contingency Account 1020-6890 to Recreation Events Account 8850-6690 for 2024 Concert Series shortage

Councilor Burk motioned to direct the Administrator to transfer $5,000.00 to Recreation Events Account 8850-6690 for 2024 Concert Series shortage, taking the money, if available, first, from the power plant money, second, the money donated by Bally’s, or third, from council contingency. Seconded by Councilor Edwards V, the motion passed unanimously.

E. Town Administrator/Stu Gilfillen – Discussion and possible vote to award contract for Town Farm pickleball/tennis court development to Maisano Bros., Inc.

Councilor Edwards V motioned to award contract for Town Farm pickleball/tennis court development to Maisano Bros., Inc. in the amount of $254,570.00. Seconded by Councilor Paull, the motion passed unanimously.

Council President deMedeiros motioned to hold items 7-F, G, H, I and J until after executive session. Seconded by Councilor Edwards V, the motion passed unanimously.

F. Town Administrator - Discussion and possible vote to authorize current contract change and retroactive salary adjustment of 5% from 7/22/2024 for Executive Assistant Mary Lou Sullivan

G. Town Administrator – Discussion and possible vote to authorize current contract change and retroactive salary adjustment of 7% from 7/1/2024 thru 6/30/2025 for Tax Collector Toni Lyn McGowan

H. Town Administrator - Discussion and possible vote to authorize current contract change and salary adjustment of 7.5% from 12/11/2024 to 12/10/2025 and three-year contract renewal to 12/10/2027 for Assessor David Robert

I. Town Administrator - Discussion and possible vote to authorize current contract change and retroactive salary adjustment of 7.5% from 8/7/2024 and three-year contract renewal to 8/6/2027 for DPW Director Rogers

J. Town Administrator - Discussion and possible vote to authorize current contract change and salary adjustment of 2.5% effective 11/14/2024 for

Fire Chief William Bailey

8. 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. Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance Evaluation for Tax Collector Toni Lyn McGowan – Notice given

C. Town Administrator – RIGL 42-46-5(a)(1) – Personnel - Job Performance Evaluation for Tax Assessor David Robert - Notice given

D Town Administrator – RIGL 42-46-5(a)(1) – Personnel -Job Performance Evaluation for DPW Director Richard F. Rogers – Notice given

E. Town Administrator - RIGL 42-46-5(a)(1) Personnel - Job Performance for Fire Chief William S. Bailey III– Notice given

F. Town Administrator – RIGL 42-46-5(a)(2) Collective Bargaining – Update on DPW contract and clothing allowance

G. Town Solicitor – RIGL 42-46-5(a)(2) Litigation: 0 Stafford Road, LLC v. Town of Tiverton, et al. (NC-2024-312) update

H. Town Solicitor – RIGL 42-46-5(a)(2) Litigation: Tiverton Investments, LLC v. Town of Tiverton, et al. (NC-2024-311) update

I. Town Solicitor – RIGL 42-46-5(a)(2) Litigation: Tiverton Recreation, LLC v. Town of Tiverton, et al. (NC-2024-417) update

Councilor Edwards V motioned to enter into Executive Session for agenda item 8-A, B, C, D, E, F, G, H and I. Councilor Burk seconded the motion, the motion passed unanimously.

The council entered a closed executive session at approximately 8:04 p.m.

9. RECONVENE in OPEN SESSION and Sealing of Executive Session Minutes

The Council returned to open session at approximately 10:42 p.m.

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

Solicitor Marcello reported that for item 8A no disclosure of information at this time, for items 8-B, C, D, E and F were discussion only, no votes taken and for items 8-G, H and F were update only, no votes taken.

F. Town Administrator - Discussion and possible vote to authorize current contract change and retroactive salary adjustment of 5% from 7/22/2024 for Executive Assistant Mary Lou Sullivan

Councilor Burk motioned to approve current contract change and retroactive salary adjustment of 5% from 7/22/2024 for Executive Assistant Mary Lou Sullivan. Seconded by Councilor Edwards V, the motion passed unanimously.

G. Town Administrator – Discussion and possible vote to authorize current contract change and retroactive salary adjustment of 7% from 7/1/2024 thru 6/30/2025 for Tax Collector Toni Lyn McGowan

Councilor Burk motioned to approve current contract change and retroactive salary adjustment of 7.5% from 7/1/2024 thru 6/30/2025 for Tax Collector Toni Lyn McGowan. Seconded by Councilor Edwards V, the motion passed unanimously.

Councilor Burk motioned to approve current contract change and salary adjustment of 7.5% from 12/11/2024 to 12/10/2025 and ratify the three-year contract renewal to 12/10/2027 for Assessor David Robert. Seconded by Councilor Edwards V, the motion passed unanimously.

Council President deMedeiros announced this item would be tabled to the next meeting.

J. Town Administrator - Discussion and possible vote to authorize current contract change and salary adjustment of 2.5% effective 11/14/2024 for

Fire Chief William Bailey

Councilor Burk motioned to approve current contract change and salary adjustment of 2.5% effective 11/14/2024 for Fire Chief William Bailey. Seconded by Councilor Edwards V, the motion passed unanimously.

10. ADJOURNMENT

Councilor Burk motioned to adjourn the meeting. Councilor Edwards V seconded the motion. The motion unanimously passed. The meeting adjourned at 10:46 p.m.

A True Copy.

ATTEST______________________________________

Joan B. Chabot, CMC Town Clerk