MINUTES OF SMITHFIELD TOWN COUNCIL MEETING
VIA TELECONFERENCE – VIRTUAL MEETING
Date: Tuesday, February 2, 2021
Place: Smithfield Town Hall
Time: 5:45 P.M.
Present:
Town Council President Suzanna L. Alba
Town Council Vice-President Sean M Kilduff
Town Council Member David P. Tikoian
Town Council Member T. Michael Lawton
Town Council Member Angelica L. Bovis
Town Manager Randy R. Rossi
Town Solicitor Anthony Gallone, Esq.
Acting Town Clerk Lyn M. Antonuccio
Police Chief Richard St. Sauveur, Jr. explains he would like to recognize his employee’s dedication. Chief St. Sauveur furthers explains that on January 31, 2020 the World Health Organization declared a public health emergency and on March 31, 2020 COVID 19 was declared a pandemic. Chief St. Sauveur states that while despite the changes that have taken place due to the virus, one thing did not and that was the availability of the Smithfield Police Department and its response to calls of service, and while protocol was modify to keep themselves safe, every officer continued to provide professional services even though that meant increasing their risk of exposure and their families and support staff at risk.
Chief St. Sauveur states for this reason a letter of recognition for dedication to duty will be placed in the personnel jackets of all civilian employees, and all sworn officers will be pinned with a dedication to duty award bar, which will be light blue representing the color of the World Health Organization.
Chief St. Sauveur presents an award bar to Officer Brandon McDonald, and all other officers will receive their award bars over the course of the next few days.
Motion is made by Vice President Kilduff, seconded by Member Lawton, that the minutes of January 12, 2021 work session meeting be approved as recorded. Motion is approved by a 4/0 vote. Member Tikoian abstains.
to consider, discuss, and act upon matters pursuant to Rhode Island General Laws and Section 42-46-5(a)(1), Personnel, to interview Ernest Almonte, Charles Boyd, Elizabeth Bryant, Erica Dickson, Ed Duffy, Gail Dwyer, Marina Emin, Cheryl Iannotti, Peter Lawrence, Bill Nangle, Bobby Nikolopoulos, Steven O’Donnell, Kenneth Orabona, and Neal Rogers for possible appointments and Cynthia Mulvey and Joe Siegel for possible reappointments to a Town Board or Commission be approved as recorded and sealed.
Motion is made by Member Tikoian, seconded by Member Lawton, that the minutes of the January 13, 2021 Town Council Executive Session be approved as recorded and sealed. Motion is approved by a 3/0 vote. Member Tikoian and President Alba abstain.
to consider, discuss, and act upon matters pursuant to Rhode Island General Laws Section 42-46-5(a) (2), Litigation (Suzanna Alba RI Ethics Complaint #2020-5).
Motion is made by Member Lawton, seconded by Vice President Kilduff, that the minutes of the Town Council Executive Session be approved as recorded and sealed. Motion is approved by a 3/0 vote. Member Tikoian and President Alba abstain.
None.
to consider, discuss, and act upon the Wastewater Treatment Facility’s Aerated Grit Removal System Facilities Plan amendment.
Town Engineer Kevin Cleary explains that RIDEM requires that the Facilities Plan be amended when significant process upgrades or expansion of a facility equipment is to be considered by the Town, and once the Facilities Plan is approved, this will allow the Town to legally seek all permits needed to fulfill the objective of the project and ensure that the water quality discharge limits remain protective of the environment and no adverse effects occur as a result of improvements to the facility.
Engineer Cleary further explains that the grit has historically caused premature failure of facility components, and removal has been identified in previous capital improvement submissions, planned for, and requests for funding study and design have been approved. Engineer Cleary also explains that a $475,000 grant was awarded from the RIDEM for its implementation.
Motion is made by Member Lawton, seconded by Member Bovis, that the Smithfield Town Council hereby schedules a public hearing for the Smithfield Sewer Authority Facilities Plan Amendment Application to RIDEM for the planned construction of an Aerated Grid Removal System at the Smithfield Wastewater Treatment Facility. Motion is approved by a unanimous 5/0 vote.
to address and finalize comments on the RIPDES small MS4 Annual Report for Year 17.
Engineer Cleary explains that the Storm Water Phase II RIPDES Regulations became effective in March 2003 requiring communities to reduce the discharge of pollutants from their storm sewer system to the “maximum extent practicable” to protect water quality.
Engineer Cleary further explains that if twenty five (25) or more comments are received, the public hearing must be held.
Motion is made by Member Tikoian, seconded by Member Bovis, that the Smithfield Town Council schedule a public hearing at the March 2, 2021 Town Council meeting to address and finalize any comments on the RIPDES small MS4 Annual Report for Year 17. If no public comment is submitted, as outlined above, a public hearing will not be required. Motion is approved by a unanimous 5/0 vote.
to consider, discuss and act upon the possible suspension, revocation, or other sanction regarding the listed Liquor Licenses due to non-renewal or non-compliance with the conditions of renewal:
1. DLA, LLC d/b/a “Parma Ristorante”, 266 Putnam Pike, Unit 1 (Failure to obtain a Certificate of Good Standing, failure to obtain a copy of the Retail Sales Permit, outstanding tangible taxes and outstanding fee of $30.50 for the advertising fee).
2. Ichiraku, LLC d/b/a “Ichiraku Ramen and Fusion”, 970 Douglas Pike (Failure to obtain a Certificate of Good Standing)
3. Lola’s Lounge, LLC d/b/a “Lola’s Lounge”, 55 Douglas Pike (Failure to obtain a Certificate of Good Standing and failure to have a fire inspection done.)
4. Rebel Alliance Group, LLC d/b/a “Bistecca Chop House”, 332 Farnum Pike (Failure to obtain a Certificate of Good Standing, failure to obtain a copy of a Food Business License, failure to pay the fee of $30.50 for advertising and applications have not been turned in.)
5. Smithfield Elks #2359, 326 Farnum Pike (Failure to obtain a Certificate of Good Standing.)
6. Yamato Steakhouse Smithfield, Inc. d/b/a “Yamato Steakhouse of Japan”, 375 Putnam Pike, Unit 30 (Failure to obtain a Certificate of Good Standing)
Acting Town Clerk Antonuccio explains the listed establishments will be summoned next week, and will appear before the Town Council explain why they have not complied with the renewal process. Town Manager Rossi explains that between now and the hearing they may comply. Town Manager Rossi further explains that the deadline has passed, and this would give the establishment owner an opportunity to explain their status.
President Alba asks if there was any progress made with the phone calls made to the RI Division of Taxation. Acting Town Clerk Antonuccio explains that every week a list is produced showing who cleared before the expiration date, and no one has cleared as of yet. Member Lawton asks when the licenses expire. Acting Town Clerk Antonuccio states the licenses expire on annually on December 1st.
Member Tikoian asks what a Certificate of Good Standing is. Acting Town Clerk Antonuccio explains that each year the RI Division of Taxation sends the applications to each liquor establishment, and they submit to them the applications, tax returns, litter permits, etc. Acting Town Clerk Antonuccio further explains this certificate shows that all taxes have been paid to state.
Vice President Kilduff questions the advertising fee of $30.50 and states that he does not want to punish businesses considering the circumstances we are currently under. Town Manager Rossi explains that this fee is to advertise the renewals, and the Town Council can take action to continue this matter if there is a financial need.
President Alba states that the show cause hearing will allow the establishment owners to give the Town Council an update. Vice President Kilduff does not want the public perception that the Town Council is shutting businesses down.
Member Lawton states that “Lola’s Lounge” needs a fire inspection as it is two (2) months overdue. Town Manager Rossi states that something occurred, and they will be having a thorough fire inspection and building inspection, which is separate from their license renewal.
Motion is made by Member Tikoian, seconded by Member Lawton, that the Smithfield Town Council schedules a show cause hearing for Tuesday, February 16, 2021, to consider the possible suspension, revocation, or other sanction regarding the liquor licenses on the following listed establishments due to non-compliance with the conditions of renewal:
1. DLA, LLC d/b/a “Parma Ristorante”, 266 Putnam Pike, Unit 1 (Failure to obtain a Certificate of Good Standing, failure to obtain a copy of the Retail Sales Permit, outstanding tangible taxes and outstanding fee of $30.50 for the advertising fee).
2. Ichiraku, LLC d/b/a “Ichiraku Ramen and Fusion”, 970 Douglas Pike (Failure to obtain a Certificate of Good Standing)
3. Lola’s Lounge, LLC d/b/a “Lola’s Lounge”, 55 Douglas Pike (Failure to obtain a Certificate of Good Standing and failure to have a fire inspection done.)
4. Rebel Alliance Group, LLC d/b/a “Bistecca Chop House”, 332 Farnum Pike (Failure to obtain a Certificate of Good Standing, failure to obtain a copy of a Food Business License, failure to pay the fee of $30.50 for advertising and applications have not been turned in.)
5. Smithfield Elks #2359, 326 Farnum Pike (Failure to obtain a Certificate of Good Standing.)
6. Yamato Steakhouse Smithfield, Inc. d/b/a “Yamato Steakhouse of Japan”, 375 Putnam Pike, Unit 30 (Failure to obtain a Certificate of Good Standing)
Motion is approved by a unanimous 5/0 vote.
discuss and act upon approving the renewal of the Intoxicating Beverage License, as applied, subject to compliance with all State regulations, local ordinances and a Certificate of Good Standing from the RI Division of Taxation.
President Alba declares the public hearing open.
Acting Town Clerk Antonuccio states that this license is in order for renewal.
Hearing no comments President Alba closes the public hearing.
INTOXICATING BEVERAGE LICENSE RENEWAL 2020-2021
1. JNN, Inc. d/b/a “Rocco’s Pub & Grub”, 55 Douglas Pike (approved for outdoor bar service).
Motion is made by Member Lawton, seconded by Member Tikoian, that the Smithfield Town Council renew the Class B-V Intoxicating Beverage License, as applied, subject to compliance with all state regulations, local ordinances, and a Certificate of Good Standing from the RI Division of Taxation and that the Class B-V liquor license fees be waived. Motion is approved by a unanimous 5/0 vote.
as applied, subject to compliance with all State regulations and local ordinances:
1. Daou Hospitality Corp. d/b/a “L’Artisan Café at Bryant”, 1150 Douglas Pike
Acting Town Clerk Antonuccio states this license is in order for renewal.
Motion is made by Member Tikoian, seconded by Member Lawton, that the Smithfield Town Council approves the annual renewal of one (1) Victualling Only License, as applied, subject to compliance with all state regulations and local ordinances. Motion is approved by a unanimous 5/0 vote.
as listed, as applied, subject to compliance with all State regulations and local ordinances.
Acting Town Clerk Antonuccio states that these licenses are in order for renewal.
1. Dumb Luck, LLC d/b/a “Pierogitory”, to sell only pierogis from a truck with RI Reg. number 96129, 1 Cedar Tree Lane, Coventry, RI.
2. Rhode Island Kona, LLC d/b/a “Rhode Island Kona Ice”, to sell only frozen ice from a truck with RI Reg. number 21700, 4 Cider Lane.
Motion is made by Vice President Kilduff, seconded by Member Tikoian, that the Smithfield Town Council approve the annual renewal of two (2) Mobile Food Truck Licenses, as listed, as applied, subject to compliance with all state regulations and local ordinances. Motion is approved by a unanimous 5/0 vote.
as listed, as applied, subject to compliance with all State regulations and local ordinances.
1. Georgiaville Tenants Association, 20 Higgins Lane (fee waived)
2. St. Philip Church, 622 Putnam Pike (fee waived)
Acting Town Clerk Antonuccio states that these licenses are in order for renewal.
Motion is made by Member Tikoian, seconded by Vice President Kilduff, that the Smithfield Town Council act upon approving the annual renewal of two (2) Bingo Licenses for the Georgiaville Tenants Association, located at 20 Higgins Street, St. Philip Church, located at 622 Putnam Pike, as listed, as applied, subject to compliance with all state regulations and local ordinances. Fees waived. Motion is approved by a unanimous 5/0 vote.
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to participate in the design phase of the North Providence/Johnston Animal Shelter project.
Town Manager Rossi explains that he spoke with North Providence Mayor Charles Lombardi whose team has selected an architect that will be brought before the Purchasing Board. Town Manager Rossi further explains based on the Town Council’s decision, this allow the Town to participate in the design of the new facility, and will determine the amount of needed runs and office space.
Town Manager Rossi states that the Town of Lincoln is on a month to month basis until finalization of moving to North Providence. Town Manager Rossi further states that this move will allow for the closing of the current animal shelter which is currently being used for office space and quarantining animals.
President Alba ask the timeframe in which the current animal shelter will close and when the new facility be ready. Town Manager Rossi explain depending on the complexity of the design, the facility could be ready in six months to a year, therefore, the current animal shelter would be closed upon completion of the new facility.
Motion is made by Member Tikoian, seconded by Member Lawton, that the Smithfield Town Council authorize the Town Manager and Police Chief to participate in the design phase of the North Providence/Johnston Animal Shelter project and negotiate with these communities a partnership agreement for Town Council consideration. Motion is approved by a unanimous 5/0 vote.
Town Engineer Kevin Cleary explains this is a unique opportunity for the Town to expand utility services within the growth overlay through private land and will provide future services to properties along Route 116. Engineer Cleary further explains that the owner acquired this property a year ago and received a zone change from Industrial to allow residential use.
Engineer Cleary states that to enable an extension of the utilities by the landowner a utility easement has been drafted along with a table of properties, which will become benefactors of the improvements upon acceptance of the constructed utilities.
Engineer Cleary further states that there is a cost for the landowner to extend the utilities, however, the table within the easement document creates a mechanism, as allowed within Chapter 294-9.G(1) of the Smithfield Code, for the landowner to recuperate pro-rate share costs of the utility extension and the creation of perpetual easement to be deeded to the Town. Engineer Cleary also states that this would present very little cost to the Town other than administrative costs, and the landowner has agreed to burden himself with the costs and the Town would repay him through impact fees from outside development that occurs.
Engineer Cleary explains that the Sewer Authority is in support of this and voted on it at its January 2020 meeting. Engineer Cleary has also been working with Solicitor Gallone.
Member Lawton asks if the abutters need to be notified. Engineer Cleary explains that the abutter will need notification as to what the extension entails.
Alfred Costantino of 16 Totem Pole Trail states this is the best agenda item he has ever seen, and he gives admiration to all involved. Mr. Costantino further states that after reviewing the agreement, the landowner has the right to void the agreement and install a septic system should the fees become exorbitant. Mr. Costantino also states it could take years before the landowner is paid back. Mr. Costantino would like this project to happen and contacted six people who would be willing to fund this project.
Member Bovis expresses her concerns about traffic in the future. Town Manager Rossi explains that there are different plans that reconfigure the Route 116/7 intersection, and if the development is substantial, the state may be willing to create an additional ramp onto 295.
Kate Zimmerman of 96 Burlingame Road asks what the cost would be if the Town were to put utilities in that area and the savings that will be realized by the Town with the landowner providing the installation. Engineer Cleary explains that both sewer and water utility has a per linear foot cost of $300 - $350 and the cost would double of paved roadway.
Motion is made by Member Lawton, seconded by Vice President Kilduff, that the Smithfield Town Council hereby authorizes the Town Manager to execute a utility easement on behalf of the Town. Motion is approved by a 4/0 vote. Member Tikoian recuses himself.
for a new fire station located at 321 George Washington Highway (AP 48/Lot 51) in the amount of two hundred and seventy-five thousand dollars ($275,000).
Chief Seltzer explains that the Town has permission to extend the contract with the seller, and the Town is also waiting for the final DEM permits.
Motion is made by Vice President Kilduff, seconded by Member Tikoian, that the Smithfield Town Council table this agenda item to a future meeting. Motion is approved by a unanimous 5/0 vote.
to the Shorewood Apartments account in the amount of twenty-one thousand, four hundred and eighty-four dollars and seventy-seven cents ($21,484.77).
Water Commissioner Gene Allen explains that in the third quarter of 2016 a new meter was installed to service ninety six (96) units of the Shorewood Apartments and what was installed was a compound meter to collect the usage for that quarter. Commissioner Allen further explains that a multiplier of 100 was used to convert the meter reading to the billing of 1,000 gallons consumption, and a consultant asked that the billing history be reviewed. The billing software provider and meter supplier provided an analysis and confirmed that the multiplier setup in the system was incorrect resulting in an overbilling of $21,484.77.
Motion is made by Member Lawton, seconded by Member Tikoian, that the Smithfield Town Council, sitting as the Smithfield Water Supply Board, authorizes the Town Manager to issue a refund to the Shorewood Apartments account in the amount of $21,484.77. Motion is approved by a unanimous 5/0 vote.
for renovations to the East Smithfield Neighborhood Center being subject to final approval by the Town Solicitor.
Town Manager Rossi states that this RFP was developed in conjunction with Aharonian & Associates and Robert Leach. This RFP will allow the Town to go out to bid to get itemized pricing for bid submissions and further discussions to move forward with the project. Town Manager Rossi further states that phases would be brought in as the Town Council sees fit. Town Manager Rossi also states that there were a few minor changes to be made which the Solicitor will review.
Vice President Kilduff feels that is project long overdue and commends Historic Preservation Commission Chair Robert Leach for his leadership.
Historic Preservation Commission Chair Robert Leach thanks all involved with this project.
Motion is made by Member Lawton, seconded by Member Tikoian, that the Smithfield Town Council hereby approves the East Smithfield Neighborhood Center Renovations RFP, contingent on the approval by the Town Solicitor, so that it may be publicly advertised to solicit bids. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Tikoian, seconded by Member Lawton, that the Smithfield Town Council hereby appoints Councilwoman Angelica Bovis to be the Council liaison to the Smithfield Land Trust. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Tikoian, seconded by Member Bovis, that the Smithfield Town Council hereby appoints Council President Suzy Alba and Council Vice President Sean
Kilduff to be the Council liaisons to the Smithfield Historic Preservation Commission. Motion is approved by a unanimous 5/0 vote.
Alfred Costantino states that change order number four, although it was approved, needs corrections and should be reviewed because there are markups by subcontractors for labor and labor cannot be marked up.
Mr. Costantino further states that there was an invoice that was submitted by Collier International which was voted on by the School Committee, and received the paperwork that morning. Mr. Costantino feels that before approving payments there should be a certain amount of days and reviewed by the Building Committee, Town Manager, and Finance Director before being approved. Town Manager Rossi explains that while he agrees with Mr. Costantino, this invoice was tabled for that reason.
Mr. Costantino explains that tonight’s agenda item that was tabled for the purchase of the fire department property should not have been on the agenda. Mr. Costantino reads the RFP regarding zoning. Mr. Costantino states that DEM approval is needed. Mr. Costantino further states that he has reviewed the Purchase and Sales Agreement, and feels it is not very good. Mr. Costantino would like this to be placed on a future agenda because he feels the Town Council needs to be knowledgeable about the process. Mr. Costantino suggests having a work session for this agenda item.
President Alba states that the Town will be holding forum on Wednesday, February 17, 2020 to discuss race and equity which will address the incident that occurred with racist graffiti at the Stillwater Trail. President Alba also states that various organizations will be taking part in this forum.
Motion is made by Vice President Kilduff, seconded by Member Tikoian, to adjourn the meeting. Motion is approved by a unanimous 5/0 vote.
Meeting adjourns at 8:11 p.m.
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Lyn Antonuccio, MPA, CMC, Acting Town Clerk