January 22, 2007 - Regular Town Council Meeting

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

COUNTY OF NEWPORT

At a meeting of the Town Council of the Town of Tiverton, County and State aforesaid, held at the Tiverton Town Hall on the 22nd day of January 2007 A.D. at 7:00 p.m.

President Durfee opened the meeting with the Pledge of Allegiance to the Flag.

Town Administrator, W. Glenn Steckman III and

Town Solicitor, Andrew M. Teitz were also present.

Approval of Consent Agenda:

All items listed with (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.

RECOGNITION OF RETIRED MEMBERS FROM BOARDS AND COMMISSIONS

President Durfee presented certificates of Appreciation to resigning members from Boards and Commissions in recognition of their outstanding public service rendered to the Town of Tiverton.

John G. Edwards III, Zoning Board of Review

Pamela Cook Sobel and Helen Nadler of the Arts Committee (arrived a little later)

Not Present were:

Paula Bolduc, Conservation Commission 

John Prewitt Wehle, Planning Board and Redevelopment Agency

Thomas T. Brady of the Wastewater Management Commission

BUSINESS BROUGHT BEFORE THE COUNCIL

Councilor Bollin read the items as listed for approval on the Consent Agenda.

Councilor Arruda withdrew Item 3 b under correspondence.

Councilor Edwards requested Item 3 a be removed under correspondence

A motion was made by Councilor Medeiros to approve the remaining items of the Consent Agenda.  Councilor Costa seconded the motion, which then passed unanimously.

CONSENT AGENDA was as follows:

A-1- a. Minutes of Regular Council Meeting January 8, 2007

b. Executive Session Minutes of Council Meeting January 8, 2007

c. Minutes of Council Workshop January 10, 2007

d. Minutes of Joint Council Workshop January 16, 2007

A-2-Receipt of Minutes from the Following Boards, Commissions:

A-3-Correspondence:

c. Received from Mr. & Mrs. Chabot, 20 High Ridge Terrace, Regarding Assessment on Property

d. Received from Construction and General Laborers Local 673 Regarding Bourne Mill Property

A-4-Tax Collector-G. Holewiak-Request Approval for Abatement of Uncollected Tax

    a. Abandoned Trailer          b. Closed Business

Item 3 a and Item 3 b were added to the Consent Agenda following explanation.

Under Correspondence: Item 3 a –Revenue Report as of December 31^st Received from Town Treasurer:

Councilor Edwards requested clarification regarding the amount listed on Account #101-629-01 Misc. Licenses & Permits.

Town Treasurer responded that amount was an accumulative figure for the licenses listed above.

Under Correspondence-Item 3-b-Correspondence Received from Senator Jack Reed Regarding Mr. James Almeida-Previously Distributed:

Councilor Arruda requested explanation/status regarding letter received from Senator Jack Reed’s Office on December 13, 2006, and another letter received on January 16, 2007 seeking follow up on a matter.   Senator Reed had received correspondence from Mr. James Almeida dating back to February of 2006.  Mr. Almeida resides at 124 State Line Rd .in Fall River, MA. claiming hardship that he could not access his property.

Town Administrator had corresponded with Senator Reed and by phone on the matter; in detail, involving Cory’s Lane and State Line Road, unfortunately it is a civil matter involving ownership of a private road and access road.    An easement off Bridle Way going to State Line Rd, an easement that goes North and South connecting properties, some in Fall River, MA and some in Tiverton, RI.  Then there were two sections of easements, one called Cory’s Lane and the other State Line Road which abut each other, with a stonewall in the middle.  The stonewall was taken down on a temporary basis giving an elderly lady access to her property because of the condition of Cory’s lane.   The stonewall was replaced by neighbors because of traffic speed on that access.   The issue was between Mr. Almeida and his neighbors; however he does have access thru an easement road called Cory’s Lane but in bad condition.  There were other issues in that area regarding Code Enforcement.

Unfortunately the road was a private road not built to standards, the Town was not responsible for maintenance of private roads, and the street was not a platted street, only a series of easements for access.  Town Administrator distributed his response to the January 16, 2007 letter from Senator Jack Reed.

A motion was made by Councilor Edwards, seconded by Councilor Medeiros that the above two items be added to the Consent Agenda.  The motion passed unanimously.

PUBLIC HEARINGS

Notice as it appeared in the Sakonnet Times on January 4, 2007:

Town of Tiverton, RI

Notice of Public Hearing

Proposed Ordinance Amendment

Notice is hereby given that a Public Hearing will be held on proposed amendments to the APPENDIX C. SEWERS AND SEWERS AND SEWAGE DISPOSAL, OF THE Code of Ordinances scheduled for the Tiverton Town Council Meeting to be held on January 22, 2007 at 7:00 p.m. at the Tiverton Town Hall, 343 Highland Road, Tiverton, RI 02878

The proposed ordinance amendments revise certain definitions; language of the Town Charter amendment of November 2004 is included; guarantee of performance and inspection and maintenance of improvement has been added; instances of allowable sewer system extensions has been defined; installation of low pressure sewer systems is allowed under certain conditions and specifications for said systems have been added; allows the Town to institute construction of sewers through the betterment process and describes the methods by which residents may institute the process; current and proposed invoicing practices are described; allows an annual review and update of the rate without having to undertake an ordinance change; includes the Onsite Wastewater Management article as adopted by the Town Council on July 17, 2006.

A copy of the proposed ordinance amendments are available for public inspection in the office of the Town Clerk between the hours of 8:30 PM Monday through Friday and at the Tiverton Public Library during its normal hour of operation.

Anyone wishing to be heard on this proposed ordinance should be present at the aforementioned date and time.

Individuals requesting interpreter services for the hearing impaired must notify the Town Clerk at 401-625-6703 no later than 48 hours in advance of the meeting date.

Nancy L. Mello, Town Clerk

Proposed Amendments to Appendix C. Sewers and Sewage Disposal

President Durfee opened the Public Hearing.

In December of 2004, the Council appointed a subcommittee to assist Mr. Webster in drafting a rewrite of Appendix C Sewers and Sewage Disposal of the Town Ordinance for the purpose to align the Ordinance with the Charter amendment of 2004 and to define Section 18-20 Extension of Sewer System. 

Two workshops were held, the first in August 2005, resulting with questions regarding low-pressure sewer system and obtained BETA Group to make recommendations and those recommendations were incorporated into the recommended revisions.of Appendix C.

The second workshop was held on December 4, 2006 to review and discuss the revisions and recommendations by the subcommittee.

The report from Beta Group had been submitted on the low-pressure system with workable specifications, used in certain conditions where there are obstacles that cannot be overcome to the installation of a gravity system. The subcommittee had made changes and revisions to Section 18-4-6-Sanitary Sewer Standards

Section 18-4.5 Extension of Sewer System

Section 18-4.16 Guarantee of Performance and Inspection and Maintenance of Improvements

Section 18-7.1 Findings adding a section that describes abatement program being followed but not previously outlined in the ordinance.

Section 18-7.3 Collection of Sewer use charges

Article IX-Onsite Wastewater Management (OWM), which was adopted by the Council on July 17, 2006 and has been incorporated into Appendix C, and the numbers revised.

Mr. Webster gave an overview of the revisions and changes and another issue that was discussed at the workshop of December 4, 2007 regarding the abatement program.  An email had been forwarded to the Town Administrator from Mr. Chris Nearpass informing him that a vote was taken at the Wastewater Management Commission meeting of December 18, 2006 to discontinue the Grass Meter Program as soon as is practical.

A few residents living at Countryview Estates who were currently on the abatement program voiced concern regarding the cost of the meter between $70.00 to $80.00 and how would that money would be recouped if the program is discontinued?  Another concern was the water used on lawns does not enter the sewer system, why pay for the usage?  

One of the major issues was the conservation of water for the future responded Councilor Bollin.

Councilor Bollin requested more clarification on a time frame when the Grass Meter Program would be discontinued, so that the residents didn’t sustain the cost of the meter.

Following lengthy discussion:

Motion was made by Councilor Bollin to accept the Sewers and Sewage Disposal Ordinance–Amendments to Appendix C as drafted and recommended by the Wastewater Management Commission and eliminating in Section 18-7-1 paragraphs 3 and 5.  Councilor Medeiros seconded the motion, and passed by vote of 6-0-1; Councilor Costa abstained.

(Complete Ordinance on File Town Clerk’s Office)

Councilor Bollin moved that as an addendum to the Sewer and Sewage Disposal Ordinance anyone who has a credit meter be allowed to recoup the cost of the grass meter through the abatement system but in no event shall the abatement extend past the conveyance of the property.   Councilor Medeiros seconded the motion, which passed by vote of 4-2-1; Councilors Durfee and Edwards opposed and Councilor Costa abstained.

President Durfee commended the committee for the enormous amount of effort and work.  DPW Director David Webster, Planning Board Administrator Noel Berg, Wastewater Collection Superintendent John Lincourt, and Thomas Brady Wastewater Management Committee Chair.

Town Solicitor Andrew M. Teitz requested that it be in the form of a Council Resolution rather than an addendum.

BOARD OF LICENSING COMMISSIONERS:

The Town Council was sitting as the Board of Licensing Commissioners.

Town Clerk-Renewal of 2007 Tobacco Dealer’s Licenses and Vending Machine Registrations-Subject to Meeting All Legal Requirements

A motion was made by Councilor Bollin to approve the 2007 Renewal Tobacco Dealer’s Licenses and Vending Machine Registrations subject to meeting all legal requirements.  Council Arruda seconded the motion, and then passed unanimously.

The licenses were as follows:

TOBACCO DEALER’S LICENSE RENEWALS 2007

CIGARETTE VENDING MACHINE LICENSE & REGISTRATION 2007

Perpetual

Registration  #

#1002    Bayview Holy Ghost Citizens Club       66 Bottom Street

#1006    Faithe J. Bortz d/b/a PJ’s Café               301 State Avenue

APPOINTMENTS & RESIGNATIONS

Town Administrator-Appointment of Town Councilor to Police Pension Board:

Councilor Bollin had been appointed to serve on the Police Pension Board, which expired on December 31^st.

Town Administrator requesting Council either re-appoint Councilor Bollin or appoint a new member from the Council.

A motion was made by Councilor Costa, seconded by Councilor Medeiros to re-appoint Councilor Bollin to the Police Pension Board expiring December 2007.  The motion was unanimous.

Town Administrator-Appointment of a Town Councilor to Landfill Subcommittee:

Mr. “Buz” Wyman has served on the Landfill subcommittee representing Town Council.   Mr. Wyman was no longer an elected Council Member, so the question was who would fill the vacancy?

Mr. Wyman had shown an interest in continuing to serve on the committee.  Discussion ensued as to how the committee had originally been structured.  Research was requested on the matter and continued to the next meeting for further clarification.

UNFINISHED BUSINESS

Town Council-Town Finance Official-Continued from Council Meeting January 8^th, Town Treasurer Correspondence and Draft of Duties and Responsibilities of Full Time Treasurer:

Town Administrator requested the matter be continued to the next Council Meeting to allow time to prepare the advertisement.

Councilor Carroll made a motion to continue the matter to the next Council meeting scheduled on February 12, 2007.  The motion was seconded by Councilor Bollin, passed unanimously.

FINANCIAL BUSINESS:

Town Administrator-Request Release of F/Y 2006-2006 Carry Forward Funds Acct. #99-333-101 (Police Personnel) to Current F/Y Acct. #333-101 (Police Personnel)

Councilor Bollin asked what amount of funds was in the account, and why the money needed to be released?   Town Administrator replied the carry forward amount was $87,000.00 in the Police Personnel.  Town Administrator had not provided any backup with the request.

A motion was made by Councilor Bollin to continue Item F-1 to the next scheduled meeting of the Council for more backup.information.  Councilor Carroll seconded the motion, which passed unanimously.

Town Administrator- Request Release of Carry Forward Funds from F/Y 2005-2006 (Police Department) Totaling $20,000.00

And Requesting the Releases be transferred to Fire Department Overtime:

Town Administrator was requesting the Releases from some of the Accounts of the Police Department to be transferred to the Fire Department due to a shortfall in Overtime Account.  The account was budgeted at a minimum last year and over the summer two firefighters were out because of injuries sustained while on duty, one on sick leave and three probationary firefighters were in training.

The transfer of $20,000.00 would only carry the Fire Department overtime through April.

Discussion ensued; voters at a past Financial Town Meeting gave the Council permission to make interdepartmental transfers if no other funds were available within the department.  The Town Treasurer had previously sent a memo to the Council with another option to release Debt Service money, which was not required for the current fiscal year.

Councilor Medeiros made a motion to release Police Carry forward funds as followed:

$5,000.00 Account #1-99-333-528  (Education/Seminars)

$5,000.00 Account #1-99-333-535  Telephone)

$2,000.00 Account #1-99-333-610  (Heat)

$5,000.00 Account #1-99-333-611 (Gas & Motor Oil)

$3,000.00 Account #99-333-612 (Electric)

$20,000.00 Total and to Transfer to Account #331-102 (Fire Department Overtime)

The motion was seconded by Councilor Edwards, which then passed by vote of 4-3; Councilors Bollin, Costa and Arruda opposing.

NEW BUSINESS:

Town Administrator-Request Permission to Hire a Probationary Patrol Officer:

Town Administrator requesting to hire a probationary patrol officer to start the Police Academy in March 2007.   The position was in the fiscal budget and there was a vacancy in the Police Department.

Councilor Bollin made a motion to grant permission to hire a probationary patrol officer, seconded by Councilor Medeiros.  The motion carried unanimously.

Town Treasurer-Request Town Council Ratify the May 23, 2005 Vote of Former Council Regarding Elementary School 12M Financing Resolution:

Town Treasurer, James A. Amarantes, as a matter of caution requesting that the new Council ratify the vote taken on May 23, 2005 by the prior Council adopting a Financing Resolution in the amount of $12M for the new Elementary School construction.

A motion was made by Councilor Bollin to table the item.  Councilor Edwards seconded the motion, and then passed unanimously.

BIDS & REQUESTS FOR PROPOSALS

D. Webster-DPW Director-Request Bid Award for Curbside Collection and Transportation of Trash, Recyclable, Yard Waste, and White Goods: Recommendation by DPW Director, D. Webster:

Mr. David Webster, Public Works Director, recommending awarding the Bid to the lowest bidder opened on December 14, 2006.    Patriot Disposal Co., Inc. was the lowest bidder for three of the four bid items, and the lowest bidder for any combination, which included trash and recyclables.  The two lowest bidders did not exactly meet the required minimum of five years of such service to a municipality with population over 10,000 persons.

Town Solicitor, Andrew M. Teitz had recommended that additional information regarding the background of the company and experience of the principals/associates be requested from the two lowest bidders, Patriot Disposal and MTG. 

Patriot Disposal was currently providing service to Smithfield, with a pretty good performance, and Central Falls, former Director of Public Works count not be reached for a reference.  The financial statements were reviewed and were found to be acceptable and found Patriot to be financially sound.

Mr. Webster had provided all the information regarding the services to be provided. A. Trash $294,893—B- Recyclables $204,260   C- Yard Waste $41,090  D- White Goods $20,000 (based on 1,000 units)

Town Solicitor recommended that the Council take two separate votes.

Councilor Bollin made a motion to waive the portion of the specification requirements for the “minimum of five years of such service to a municipality with population over 10,000 persons for the reason set forth in Mr. Webster’s memo.  Councilor Costa seconded the motion, which passed unanimously.

Councilor Bollin made a motion to award the bid to Patriot Disposal Co., Inc. for all four items.  Councilor Medeiros seconded the motion and passed unanimously. 

TOWN ADMINISTRATOR ANNOUNCEMENTS, COMMENTS AND QUESTIONS

PUBLIC ANNOUNCEMENTS:

1.   For the record, Town Administrator had not received the letter of December 13, 2006 had received January 16, 2007 letter, and responded on January 21, 2007 (copy of letter was distributed to Council).  Research had been done by Mr. Webster in regard to deeds, easements, and private roads, etc. and all that information was sent to Senator Reed. 

2.   Council members were notified by Email, blasting piers at the Sakonnet Railroad Bridge on Friday January 26, 2007 at 1::00 p.m. Fire Chef, Public Works Director and Police Department all working together to make sure impact is minimal.    Fire Chief had received notice by Email just before the meeting the blasting was pushed up to February.

3.   Acknowledged that the DPW picked up 1042 Christmas trees, not including what was brought to the landfill to be chipped.

4.   Edward Thibault of the Public Works was part of a Back Hoe rodeo, results #1 on the Safety quiz.

5.   Several complaints, people walking dogs, unleashed, moving to week end enforcement.

6.   Stepping up speed enforcement on Stafford Road and Main Road and vehicle violations on Merritt and Russell Drive.

COUNCIL ANNOUNCEMENTS, COMMENTS AND QUESTIONS;

Councilor Arruda informed the Council that last week, walked through the new Elementary School, confirming there was a building emerging from the ground.

TOWN SOLICITOR, ANNOUNCEMENTS, COMMENTS AND QUESTIONS;

Andrew M. Teitz requesting to continue the proposed amendments to the Noise Ordinance to the scheduled Council Special Meeting on Monday January 29, 2007 at 7:00 p.m.    Town Solicitor was meeting with Conservation Commission on Monday, January 29 at 6:00 p.m. to review the draft; to be presented at the Special Council Meeting at 7:00 to schedule a public hearing as a notice must be published twenty-one days prior to the hearing. 

CLOSED EXECUTIVE SESSION

Town Solicitor-42-46-5(a)(2)-Litigation

Town Administrator-42-46-5(a)(1)-Discussion of Personnel-Police Chief-Notice Sent

Town Administrator-42-46-5(a)(2)-Collective Bargaining-Police IBPO

Councilor Bollin moved to enter into Executive Session pursuant to 42-46-5(a)(2)-Litigation.  Councilor Medeiros seconded the motion, passed unanimously.

Councilor Bollin made a motion to remain in Executive Session pursuant to 42-46-5)a)(1)-Discussion of Personnel.  Councilor Medeiros seconded the motion, which then passed unanimously.

Councilor Bollin moved to further remain in Executive Session pursuant to 42-46-5(a)(2)-Collective Bargaining-Police IBPO.  Councilor Medeiros seconded the motion.  The motion passed unanimously.

For the record the Police Chief had been notified in writing in accordance to Open Meetings Law.  The Police Chief elected not to have the discussion in Open Session.

The Council entered into Executive Session at approximately 9:30 p.m.

The Council returned to Open Session at approximately 10:25 p.m.

OPEN SESSION:

President Durfee announced no action taken in Executive Session.

Councilor Bollin motioned to seal the minutes of the Executive Session, seconded by Councilor Costa.  Motion passed unanimously.

ADJOURNMENT:

Councilor Edwards motioned to adjourn, seconded by Councilor Carroll.  Motion passed unanimously. 

Council adjourned at approximately 10:30p.m.

A True Copy.

ATTEST:   _______________________________

                                Nancy L. Mello, Town Clerk