Tiverton Town Council Meeting 11-14-2011

TIVERTON TOWN COUNCIL AGENDA
Tiverton Town Hall
343 Highland Road
Tiverton, Rhode Island 02878

Regular Meeting: Monday, November 14, 2011 at 7:00 p.m.

NOTE: Individuals requesting interpreter services for the hearing impaired must contact the Town Clerk’s Office
at 343 Highland Road or call (401) 625-6704 forty-eight (48) hours in advance of the meeting date.

DATE POSTED: 11-10-2011

1.

PLEDGE OF ALLEGIANCE TO THE FLAG

2.

ROLL CALL
Jay Lambert-President
Cecil E. Leonard-Vice President
Joan B. Chabot
Robert D. Coulter

3.

APPROVAL OF CONSENT AGENDA
All items listed with a (CA) are to be considered routine by the Town Council and will 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, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

4.

A. BUSINESS BROUGHT BEFORE THE COUNCIL

CONSENT AGENDA:

(C.A.) 1.

(C.A.) 2. Receipt of Minutes from the Following Boards, Commissions
a. Fogland Beach Oversight Committee
b. Historic Preservation Advisory Board
c. Recycling/Landfill Committee
d. Personnel Board (2)
e. Cemetery Commission
f. Conservation Commission
g. Zoning Board of Review

(C.A.) 3. Correspondence – Receive and File
a. Resolution in Support of Pension Reform Received From
Burriville Town Council
Westerly Town Council
Smithfield School Committee
Lincoln Town Council
East Greenwich Town Council
Exeter-West Greenwich School District
North Smithfield School Committee
Jamestown Town Council
Foster-Glocester Regional School District

David M. Nelson
Brett N. Pelletier
Edward Roderick

a. Approval of Executive Session Minutes from Regular Council Meeting October 24, 2011

Received From Jamestown Town Council– Resolution Regarding Opposition to Tolls for
Newport Pell Bridge Tours
c. Received From Jamestown Town Council – Resolution Opposing Tax on Tours
d. Received From Tiverton Prevention Coalition Regard Drug Free Communities Support Grant

b.

e. Received From Middletown Town Council – Resolution Requesting National Grid to Implement Proper Preventative Maintenance Measures

(C.A.) 4. Approval of Tax Assessor Abatements

(C.A.) 5. Town Administrator - Distribution of Police Pension Plan Investment Portfolio Review and Police Pension Plan Actuarial Report

(C.A.) 6. Received From Kate Michaud, Administrative Officer
a. Activities Report for September and October 2011
b. Status Update on Outdoor Hydronic Heaters

(C.A.) 7. Town Administrator -Authorization of Open Space Memorandum of Understanding with Tiverton Land Trust for Management of Property Land Trust is Purchasing Adjacent to Ft. Barton

(C.A.) 8. Approval of Town Council Annual Calendar for 2012 Council Meetings

(C.A.) 9. Recommendations Received From Tiverton Planning Board – Referred to Town Solicitor, Town Administrator and Street Committee for Recommendations on November 14th Meeting – Continued to November 28th Meeting
a. Acceptance of West DeMello Drive
b. Countryview Estates Performance Surety
c. Acceptance of Winterberry Woods Major Subdivision Streets
d. Acceptance of Knotty Pine Extension Minor Subdivision Streets

(C.A.) 10. Councilor Coulter – Request Formal Report of Town Treasurer and Town Administrator Detailing
Custody of Funds and Related Communications Regarding Fall River Tuitions – Referred to Town
Administrator and Town Treasurer to Respond for December 12th Meeting

(C.A.) 11. Councilor Coulter – Request Clerk of Council Prepare Report on Pending Legislation Sponsored by
Tiverton Delegates to General Assembly for Future Meeting – Referred to Town Clerk

(C.A.) 12. Councilor Coulter – Request Report on Disposition of Nonquit School, Ranger school and
Community Center – Referred to Town Administrator for November 28th Meeting

A-1 OPEN PUBLIC FORUM

Public Forum for Announcements, Comments, Questions

B –PUBLIC HEARINGS & PUBLIC PRESENTATIONS

1. East Bay Energy Consortium - Garry Plunkett – Brief Presentation on Wind Energy Project

2. Proposed Ordinance Adoption on Limits to the Number of Liquor Licenses

a. Joseph Faria, Susan’s Restaurant - Request Council Consideration to Increase Number of BV
(Full Liquor) Licenses Authorized From 15 to 16 and Possible Authorization for Advertisement of
Public Hearing
b. Police Chief Report of Liquor Licenses in Other Communities

C. BOARD OF LICENSING

PUBLIC HEARING - ADVERTISED

1.Junkyard and Second Hand Dealer License Renewals December 1, 2011-November 30, 2012
See Attached List

2.Liquor License Renewals – December 1, 2011 to November 30, 2012
See Attached List

NON ADVERTISED LICENSE RENEWALS (December 1, 2011 to November 30, 2011)
3. Tobacco Dealer’s Licenses Renewals – Attached List
4. Victualling License Renewals – Attached List
5. Holiday License Renewals – Attached List
6. Street Excavator License Renewals – Attached List
7. Entertainment License Renewals – Attached List
8. Flea Market License Renewal – 177 Flea Market, 1560 Bulgarmarsh Road
9. Mobile Home-Park License Renewals – Attached List
10. Petroleum Storage License Renewals – Attached List
11. Manufactured Home Elderly Community License Renewal

D - APPOINTMENTS & RESIGNATIONS:

E - UNFINISHED BUSINESS:

F – FINANCIAL BUSINESS:

G - NEW BUSINESS:

1. Councilor Coulter – Determine Process/Timing to Fill Budget Committee Vacancy

2. Councilor Lambert – Correspondence of Christopher Cotta Dated October 31, 2011
a. Letter from Mr. Cotta to Town Council Dated October 31, 2011
b. Letter from Susanne Greschner Chief Dept of Municipal Finance to Mr. Cotta Dated October 26th
c. Letter From Mr. Cotta to Ms. Greschner at Division Municipal Finance Dated October 6, 2011

3. Councilor Nelson - Review FTR Process – Identify Key Points and Preparation
4. Councilor Leonard - Submission of Changes to Town Charter to General Assembly
5. Councilor Lambert - Discussion of Process for Implementation of Charter Changes

H – BIDS AND REQUESTS FOR PROPOSALS

I - TOWN ADMINISTRATOR ANNOUNCEMENTS, COMMENTS AND QUESTIONS

J – COUNCIL ANNOUNCEMENTS, COMMENTS AND QUESTIONS

K – TOWN SOLICITOR – ANNOUNCEMENTS, COMMENTS AND QUESTIONS

1. Brief Update on Tiger Tree/James Pelletier v Tiverton
a. Inspection Report of DEM 11/3/2011

2. Tiverton School Committee v. Town of Tiverton
a. Written Decision of Board of Regents
b. Disclosure of Authorization for Supreme Court Appeal

Bay Street – EPA Notice of Potential Liability

3.

4. Disclosure of Executive Session Settlement Votes
a. Jerome – Bud Way
b. Raposa v. David Robert
c. Miguel v. Tiverton

L- TOWN CLERK ANNOUNCEMENTS

5.CLOSED EXECUTIVE SESSION

1. Solicitor – Litigation – 42-46-5(a)(2)
a. Bay Street Contamination – Bob Hoffman, Hoffman Engineering
b. Tiverton School Committee v. Town of Tiverton

2. Councilor Chabot – Litigation -42-46-5(a)(2) – Status Report on All Pending Litigation

3. Town Administrator – Collective Bargaining – 42-46-5(a)(2) – Teamsters

4. Councilor Chabot – Personnel – 42-46-5(a)(1) – Performance Evaluation of Town Administrator
Notice Provided

A portion of this meeting may be held in executive session pursuant to the Open Meeting Law, Section 42-
46-5(a) of the General Laws of Rhode Island, 1956 (1986 Reenactment), as amended

6.ADJOURNMENT Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”