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, September 23, 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

Absent

John G. Edwards V                                           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
September 9, 2024 – Regular Meeting

       September 9, 2024 – Executive Session

 

b.       Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Litter Committee – (1)

     2. Zoning Board of Review – (1)

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

c.       Acknowledge Receipt of Reports

     1. Town Administrator – Departments’ Monthly Reports – August 2024

     2. Town Administrator – Police and Fire Department Overtime Reports – August 2024

 

d.       Acknowledge Receipt of Correspondence

     1. Letter from Nancy Cormier re: concerns related to open storage ordinance
     2. Letter from Sue Anderson re: concerns related to open storage ordinance

e.       Approval of Tax Assessor Abatements – $4,762.56

 

Councilor Burk motioned to approve the Consent Agenda. Seconded by Councilor Janick, the motion passed unanimously.

 

5.       PUBLIC COMMENTS

 

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

a.       Approval of the proposed amendment to the Tiverton Code of Ordinances CHAPTER 6 ALCOHOLIC BEVERAGES Section 6-9 – Number of Licenses. This proposed ordinance will amend Chapter 6  ALCOHOLIC BEVERAGES, Section 6-9 – Number of Licenses, to add the category of Class C Alcoholic Beverages Retail Licenses, as also governed by R.I. Gen. Laws § 3-7-8, with a maximum number of two (2) licenses.

 

President deMedeiros opened the public hearing.

With no public comments, President deMedeiros closed the public hearing.

 

Councilor Burk motioned to approve the amendment to the Tiverton Code of Ordinances CHAPTER 6 ALCOHOLIC BEVERAGES Section 6-9 – Number of Licenses to add Class C Tavern license with a 2 license maximum. Seconded by Councilor Janick, the motion passed unanimously.

 

7.       APPOINTMENTS & RESIGNATIONS – Interview, discussion, and possible votes

a.       Acknowledgment of resignation:
1. Christine Ryan from the Library Board of Trustees effective 9/12/2024

 

Councilor Edwards motioned to accept the resignation of Christine Ryan from the Library Board of Trustees effective 9/12/2024 with regret and thanks for her service. Seconded by Councilor Janick, the motion passed unanimously.

 

8.       GENERAL BUSINESS

a.       Town Clerk Chabot - Discussion and possible vote to approve Resolution 2024-0014 to repeal the $25.00 per unit deed fee related to Countryview Estates

 

Councilor Burk motioned to approve Resolution 2024-0014 to repeal the $25.00 per unit deed fee related to Countryview Estates. Seconded by Councilor Edwards, the motion passed unanimously.

 

b.       DPW Director Rogers - Discussion and possible vote to approve funding to advertise RFP for Fort Barton fence work bids

 

Councilor Burk motioned to approve funding to advertise RFP for Fort Barton fence work bids. Seconded by Councilor Edwards, the motion passed unanimously.

 

c.       DPW Director Rogers - Discussion and possible vote to approve budget transfers:
1. $3,710.00 From 5540-5101 DPW Maintenance Workers to 5130-5180 Maint/Laborer Seasonal

 

Councilor Burk motioned to approve the budget transfer of $3,710.00 from account 5540-5101 DPW Maintenance Workers to account 5130-5180 Maint/Laborer Seasonal. Seconded by Councilor Edwards, the motion passed unanimously.

 

d.       Administrator Cotta – Discussion and possible vote to authorize the transfers for various fire accounts totaling $108,117.57 to restore ARPA funds previously allocated for Fire Overtime

 

Councilor Burk motioned to authorize the transfers for various fire accounts as included in the backup totaling $108,117.57 to restore ARPA funds previously allocated for Fire Overtime. Seconded by Councilor Edwards, the motion passed unanimously.

 

e.       Administrator Cotta – Discussion and possible vote to authorize the Town Administrator to finalize a renewal contract with Weston & Sampson for Planner Services

 

Councilor Paull motioned to authorize the Town Administrator to finalize a renewal contract with Weston & Sampson for Planner Services. Seconded by Councilor Janick, the motion passed unanimously.

 

f.        Councilor Burk – Update on Tiverton North End and Industrial/Business Park Subcommittee

 

Councilor Burk explained the update would be on the North End only. He said that a productive site visit with the consultants had occurred earlier in the day from Souza Road to State Avenue. He mentioned a recent joint meeting with the Zoning Review Committee expecting continued collaboration around the pedestrian friendly and traditional Main Street zoning.  

 

g.       Administrator Cotta/Treasurer Saurette – Discussion and possible vote regarding two gaming allocations of a.) $2 million and b.) $1.3 million, and use of and applying state reimbursements for School Capital projects

 

h.       President deMedeiros – Discussion and possible vote on a resolution regarding school department capital expenses

 

(Items G and H were discussed together.)

 

Administrator Cotta explained the complications behind the timing issues around the expected reimbursements meant to offset the extra work needed to complete the locker room projects, which resulted in an approximate $971,000 funding shortage. He added that some of the reimbursements may take up to three years to receive and that not all the information was known at the time to projects were approved.  Acknowledging that bills for work completed needed to be paid, President deMedeiros proposed using casino funds now, and replenish the casino account when the reimbursement funds were received. After further discussion, it was agreed that Solicitor Marcello would draft an appropriate resolution for approval that would address the current situation and prevent similar future predicaments.

 

i.         President deMedeiros – Schedule casino gaming fund and ARPA meeting

 

Council President deMedeiros suggested several dates and all agreed to schedule September 30, 2024 at 7:00pm for the meeting.

 

 

9.       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.        Administrator Cotta – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Annual Evaluation for Executive Assistant Mary Lou Sullivan – Notice given

b.       Administrator Cotta – RIGL 42-46-5(a)(1) – Personnel -Job Performance/Six Month Interim Evaluation for Building/Zoning Official John Hoyle – Notice given

c.       Administrator Cotta – RIGL 42-46-5(a)(4) – any investigation proceeding regarding allegations of misconduct, either civil or criminal, Police Department

d.       Administrator Cotta - RIGL § 42-46-5(a)(5) – Discussion and possible vote on sale/disposition of publicly held property in the Tiverton Industrial Park

e.       Administrator Cotta - RIGL § 42-46-5(a)(5) – Discussion and possible vote on sale/disposition of publicly held property in the Tiverton Industrial Park

f.        Administrator Cotta – RIGL § 42-46-5(a)(2) Collective Bargaining – Update on IAFF Local 1703 negotiations (Tiverton Fire)

g.       Town Solicitor – RIGL § 42-46-5(a)(2) Litigation: Eagleville Road Realty, LLC v. Collins, NC-2014-218, settlement negotiations

 

Councilor Burk motioned to enter into Executive Session for agenda items 10A, 10B, 10C, 10D, 10E, 10F, and 10G. Councilor Janick seconded the motion, the motion passed unanimously.

 

The council entered a closed executive session at approximately 7:33 p.m.

 

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

 

The Council returned to open session at approximately 10:00 p.m.

 

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

 

Solicitor Marcello reported that:

 

For agenda items 10A and 10B, evaluations were conducted, no votes taken, subject to an increase in salary to be presented at a future date.

 

For agenda items 10C, 10F, and 10G, discussion only, with no votes being taken.

 

For agenda item 10D, the Town Administrator was authorized to negotiate a deal to purchase land in the Industrial Park for a price range, not to be disclosed.

 

For agenda item 10E, the Town Administrator was authorized to negotiate a deal to purchase land in the Industrial Park for a price range, not to be disclosed.

 

11.   ADJOURNMENT

 

Councilor Burk motioned to adjourn the meeting. Councilor Edwards seconded the motion. The motion unanimously passed. The meeting adjourned at 10:05 p.m.

 

 

 

A True Copy.

 

 

ATTEST______________________________________

                        Joan B. Chabot, CMC    Town Clerk