Monday, October 31, 2011
Wednesday, October 26, 2011
Tiverton Town Council Meeting 10-24-2011
TIVERTON TOWN COUNCIL AGENDA
Tiverton Town Hall
343 Highland Road
Tiverton, Rhode Island 02878
Regular Meeting: Monday, October 24, 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: 10-20-2011
1.PLEDGE OF ALLEGIANCE TO THE FLAG
2.ROLL CALL
Jay Lambert-President
Cecil E. Leonard-Vice President
Joan B. Chabot
Robert D. Coulter
David M. Nelson
Brett N. Pelletier
Edward Roderick
COUNCIL APPRECIATION AND THANK YOU TO “VOLUNTEER ROOFERS”
WHO HAVE COMPLETED REPAIRS TO THE SENIOR CENTER ROOF
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.Approval of Minutes from Regular Council Meeting September 26, 2011
Councilor Nelson abstained – Not Present for Meeting
b. Approval of Executive Session Minutes from Regular Council Meeting October 11, 2011
a.(C.A.) 2. Receipt of Minutes from the Following Boards, Commissions
a. Fogland Beach Oversight Committee
b. Historic Cemeteries Commission
c. Recycling/Landfill Committee
d. Prevention Coalition
e. Art’s Council
(C.A.) 3. Correspondence – Receive and File
a. Received From Town of Richmond – Resolution Regarding Aftermath of Tropical Storm Irene
b. Received From Town of Middletown – Resolution Regarding Opposition to Tax on Local Tours
c. Received From Town of Portsmouth – Resolution Opposing Tolls on Interstate Route 95
Between Richmond and Hopkinton
(C.A.) 4. Approval of Tax Assessor Abatements
(C.A.) 5. Treasurer Denise Saurette – Distribution of September Revenue and Budget Report
(C.A.) 6. Council Resolution To Support National Friends of Libraries Week October 23rd to October 29th
(C.A.) 7. Town Administrator - Claim Received and Referred to Interlocal Trust
(C.A.) 8. Recommendations Received From Tiverton Planning Board – Referred to Town Solicitor, Town
Administrator and Street Committee for Recommendations on November 14th Meeting
Acceptance of West DeMello Drive
Countryview Estates Performance Surety
Acceptance of Winterberry Woods Major Subdivision Streets
Acceptance of Knotty Pine Extension Minor Subdivision Streets
A-1 OPEN PUBLIC FORUM
Public Forum for Announcements, Comments, Questions
B –PUBLIC HEARINGS & PUBLIC PRESENTATIONS
1. Town Administrator - DiPrete Engineering - Review of Major Subdivision: Master Plan Tiverton
Industrial/Enterprise Park
2. Town Planner – Extension of 180 Day Limit on Project Completion for Subdivision of Tiverton
Industrial Park by DiPrete Engineering
C. BOARD OF LICENSING
PUBLIC HEARING
1.Brian Dupere, Atlantic Sports Pub, 70 Shove Street – Request Approval of Indoor Entertainment
License Subject to Meeting All Legal Requirements
D - APPOINTMENTS & RESIGNATIONS:
1. Resignation - Economic Development Commission Continued From October 11th Meeting
Edward Haddad
E - UNFINISHED BUSINESS:
1. Councilor Chabot – Model Contract Continued From Sep 19th & Oct 11th Meeting
2. Councilor Coulter – Approval of Resolution Supporting Pension Reform
F – FINANCIAL BUSINESS:
1. Town Administrator/Town Treasurer – Three Year Forecast of Revenue and Expenses Pursuant to
RIGL 16-2-21(a)
G - NEW BUSINESS:
1.
2. Town Administrator – Request Approval for Submission of TIP Program Projects
Councilor Chabot – Discussion/Vote for Renewal of Town Administrator Contract
H – BIDS AND REQUESTS FOR PROPOSALS
I - TOWN ADMINISTRATOR ANNOUNCEMENTS, COMMENTS AND QUESTIONS
J – COUNCIL ANNOUNCEMENTS, COMMENTS AND QUESTIONS
1.Councilor Chabot – Extend Special Than You to Nancy Mello, Janice Gomes, Leona Cook and Leslie Poldervaart for Assistance With Volunteer Appreciation Night
K – TOWN SOLICITOR – ANNOUNCEMENTS, COMMENTS AND QUESTIONS
1. Brief Update on Tiger Tree/James Pelletier v Tiverton
a. Superior Court Decision on Defendants’ Motion to Dismiss –Denied
2. Campbell, Moran v. Town of Tiverton C.A. No: NC-2010-0652
a. Tiverton’s Objection to Plaintiffs Motion for Stay
b. Tiverton’s Legal Memo in Support of Its Objection to Plaintiffs Motion for Stay
c. Tiverton’s Memo of Law in support of Its Objection to the Motions for Summary Judgment
d. Memorandum of Law by Intervenor TYC in Oppositions to Plaintiffs Motion for Summary Judgment
3. Tiverton School Committee v. Town of Tiverton
a. Town Solicitor Letter to Board of Regents
b. Town Solicitor Letter to Commissioner Gist
4.Solicitor Memorandum Regarding Tiverton Library Legal Relationship With Town Government
5. Approval of Corrected Deed for Helger Open Space Property
6. Memorandum Regarding Library Bond Repayment Costs Exempt From Debt Cap
L- TOWN CLERK ANNOUNCEMENTS
1.Update on November 8th Special Election
5.CLOSED EXECUTIVE SESSION
1. Solicitor – Litigation – 42-46-5(a)(2)
a. Edward and Betty Jerome – Bud Way
b. Raposa v. Town of Tiverton
c. Tiverton School Committee v. Town of Tiverton
d. Bay Street Contamination
2. Councilor Chabot – Litigation -42-46-5(a)(2) – Status Report on All Pending Litigation
3. Collective Bargaining – 42-46-5(a)(2) – Councilor 94 (Department Heads)
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.”
Thursday, October 13, 2011
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