Tiverton Town Council Meeting 11-28-2011

TIVERTON TOWN COUNCIL AGENDA

Tiverton Town Hall

343 Highland Road

Tiverton, Rhode Island 02878

Regular Meeting: Monday, November 28, 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: 11-23-2011

1. PLEDGE OF ALLEGIANCE TO THE FLAG

2. ROLL CALL

Jay Lambert-President David M. Nelson

Cecil E. Leonard-Vice President Brett N. Pelletier

Joan B. Chabot Edward Roderick

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.

CLOSED EXECUTIVE SESSION

Special Counsel Oliverio – 42-46-5(a)(2) – Litigation– O’Dell v Tiverton
Town Administrator – Personnel – 42-46-5(a)(1) – Performance Evaluation of Fire Chief Robert Lloyd – Notice Provided
Town Administrator – Personnel – 42-46-5(a)(1) – Performance Evaluation of Police Chief Thomas Blakey – Notice Provided
Code Enforcement Officer Gareth Eames – Personnel – 42-46-5(a)(1) – Job Performance Notice Provided



4. A. BUSINESS BROUGHT BEFORE THE COUNCIL

CONSENT AGENDA:

(C.A.) 1. a. Approval of Minutes from Regular Council Meeting October 24, 2011

(C.A.) 2. Receipt of Minutes from the Following Boards, Commissions

Prevention Coalition
Pocasset Hill Cemetery Commission
Historic Cemeteries Commission
Conservation Commission



(C.A.) 3. Correspondence – Receive and File

a. Resolution in Support of Pension Reform Received From

Glocester School Committee and Hopkinton Town Council

Received From James P. Amarantes Regarding Creation of Board of Trustees for New Town

Library (2) Letters Dated November 11, 2011 and November 17, 2011– Referred to Town Solicitor

Received From Newport County Community Mental Health Center Regarding Financial Assistance – Referred to Town Administrator



(C.A.) 4. Town Treasurer Denise Saurette – Distribution of October Budget and Revenue Reports



A-1 OPEN PUBLIC FORUM

Public Forum for Announcements, Comments, Questions

Robert Martin – Request Council Vote in Support of Blue Cross Payments by Legislators



B –PUBLIC HEARINGS & PUBLIC PRESENTATIONS



C. BOARD OF LICENSING

PUBLIC HEARING - ADVERTISED

BV Liquor License Transfer for Buddy’s Place, 79 Main Road From Receiver Vincent Indeglia, Esquire to Dekeng Zhang dba Buddy’s Place – Request Granting of License Transfer Only/No Issuance – Subject to Meeting All Legal Requirements



NON ADVERTISED LICENSE RENEWALS (December 1, 2011 to November 30, 2011)

Antique License Renewal – Nancy Walker dba Artisan Antiques, 2423 Main Road – Subject To Meeting All Legal Requirements
Holiday License Renewal – Latinville dba Riverside Marine, 211 Riverside Drive – Subject To Meeting All Legal Requirements
Street Excavator License Renewal – Hugo Key & Son, Inc., 51 America’s Avenue, Newport, RI – Subject To Meeting All Legal Requirements
Renewal of Private Detective License – Jeffrey T. Nagle, 330 So. Christopher Avenue – Subject to Meeting All Legal Requirements
Manufactured Home Elderly Community License Renewal and Release of Surety – Continued From November 14th Meeting
Countryview Estates, LLC Request for Release of Current Surety
Planning Board Recommendation
Building/Zoning Official Recommendation
Street Excavator License Renewal – J&A Landscaping, 911 Bulgarmarsh Road – Subject to Meeting All Legal Requirements
Renewal of Holiday and Petroleum Storage Licenses for Fuel Circle, Inc. d/b/a Seaside Gas, 1837 Main Road and Alzaibak Inc. d/b/a George’s Gas & Services, 1215 Stafford Road – Subject to Meeting All Legal Requirements



D - APPOINTMENTS & RESIGNATIONS:

Annual Appointment of Harbormaster – Request by Current Harbormaster David E. Vannier, 148 East DeMello Drive
Recommendation of Harbor & Coastal Waters Management Commission

Historic Cemetery Commission - Available Unexpired Term to 6/30/2013
Request for Appointment From David E. Bell, Jr., 30 Patsy Street

Tiverton Budget Committee – Available Unexpired Term to 11/06/2012

Request by Jeffrey Caron, 164 Nanaquaket Road

Building Code Board of Appeals – Resignation of Noel Berg



Newport & Bristol County Convention & Visitors Bureau – Request for Appointment From Barbara F. Pelletier, 104 Bonniefield Drive




E - UNFINISHED BUSINESS:

Recommendations Received From Tiverton Planning Board – Referred to Town solicitor, Town Administrator and Street Committee Continued From October 24th Meeting



Acceptance of West DeMello Drive

Recommendation Against Acceptance by Planning Board, Street Committee and

Town Solicitor



Acceptance of Winterberry Woods Major Subdivision Streets

Recommendation Against Acceptance by Planning Board

Street Committee Correspondence

Town Solicitor’s Recommendation for Further Review on March 12, 2012 Meeting

Acceptance of Knotty Pine Extension Minor Subdivision Streets

Recommendation To Accept by Town Solicitor, Planning Board and DPW Director

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

Written Response by Town Treasurer and Town Administrator



Councilor Coulter – Request Report on Disposition of Nonquit School, Ranger School and

Community Center – Referred to Town Administrator for November 28th Meeting

Written Response by Town Administrator



Councilor Lambert
Status by Town Administrator Relative to Disposition of Old Ranger School
Discussion and Possible Vote of Disposition of Community Center
Nonquit School RFP and Possible Vote
Town Administrator – RFP for Sale of Town Owned Property



F – FINANCIAL BUSINESS:


G - NEW BUSINESS:

1. Town Administrator – Request Town Council Ratification of Teamsters Local #251 Contract – Term

July 1, 2010 to June 30, 2013 – Impact Statement Made Available to Public per Charter

Councilor Coulter – Motion to Continue (Delay Vote) Until Corrected Financial Impact Statement Provided



Town Administrator – Review, Discussion and Approval of Employment Agreement for Police Chief Thomas Blakey



Town Administrator – Review, Discussion and Approval of Employment Agreement for Fire Chief Robert Lloyd.



Town Administrator – Request Review and Approval of Submission of Grant to DEM to Refurbish the Tennis Courts and Playground Area at Town Farm



Town Administrator – Request Review and Approval of Submission of Grant to DEM for New Soccer Complex



Town Administrator – PAYT Free Bag Program – Suggested Guidelines and Verification Process To Qualify for Free Bags



Councilor Nelson – Discussion and Possible Vote on Draft Agenda for December 7th Joint Meeting With the Budget Committee and School Committee at the Tiverton High School Library
Received From Tiverton School Department Regarding Joint Workshop on December 7th in High

School Library and Receipt of School Department Three Year Financial Forecast

Councilor Coulter – Disposition of Essex Library
Request Library Board of Trustees and Town Solicitor Discuss/Confirm Process to be Used in the Repurposing/Disposition of Essex Library
Request Written Report to Town Council Within 60 Days Including But Not Limited to Family Notification/Involvement/Consent, Cy Pres Action, Confirming the Ability to Pay Down Bond Debt With Proceeds of Sale if Sold, etc.



Councilor Coulter – LTFP: Proposal for Policy on Department Discretionary Budget



Councilor Leonard – Wind Turbine and Industrial Park Issues

Present Issues Pertaining to Wind Turbine Installation in the Industrial Park and Other Areas of Tiverton for Council Discussion and Possible Vote on One or More Issues

Town Clerk – Approval of Resolution to General Assembly for Ratification of Charter Amendments From Special Election on November 8th



H – BIDS AND REQUESTS FOR PROPOSALS

Town Administrator – Request Council Approval to Award Bid for Two (2) Modine Heating Units to be Installed at North Tiverton Fire Station to the Lowest Bidder Valcourt Heating, 32 S. Shore Rd, Little Compton in the Amount of $5,182.00 to be Paid by Federal Energy Grant



Town Maintenance – Request Authorization to Solicit Bids for Fencing at Bulgarmarsh Park to be Paid by DEM Federal Grant Monies



I - TOWN ADMINISTRATOR ANNOUNCEMENTS, COMMENTS AND QUESTIONS


J – COUNCIL ANNOUNCEMENTS, COMMENTS AND QUESTIONS


K – TOWN SOLICITOR – ANNOUNCEMENTS, COMMENTS AND QUESTIONS

Brief Update on Tiger Tree/James Pelletier v Tiverton
Email Received From Attorney Scott
Report Received From DEM on 11/17/2011 Inspection



Tiverton School Committee v. Town of Tiverton
Letter From School Committee Dated November 16th Regarding Board of Regents Decision

L- TOWN CLERK ANNOUNCEMENTS

Scheduling of Council Meeting December 27, 2011



Updating Council of Notices to Require Businesses With Unpaid Taxes to Close

as Directed Under Subject to Meeting All Legal Requirements

5. CLOSED EXECUTIVE SESSION

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.”