STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS APPROVED 12/14/09
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, 343 Highland Road, on the 23rd day of November 2009 A.D. at 7:0 0 p.m.
President Bollin opened the meeting with the Pledge of Allegiance to the Flag.
| Roll Call: | Donald Bollin-President | Jay Lambert |
| | JoAnne Arruda-Vice President | Cecil E. Leonard |
| | Hannibal Costa | Edward Roderick |
| | Louise Durfee | |
Town Administrator, James C. Goncalo
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.
Council President Bollin read the items on the Consent Agenda.
Councilor Leonard requested removal of item A-2a #2, School Committee Minutes of October 13, 2009 and A-2g, Recreation Commission Minutes of October 20, 2009.
Councilor Leonard made a motion, seconded by Councilor Costa to approve the remaining items on the Consent Agenda.
Councilor Bollin request removal of item A-6, Treasurer’s Budget and Revenue Reports October 2009.
Councilor Leonard amended his motion to include removal of item A-6. The motion was seconded by Councilor Roderick and passed unanimously.
The Consent Agenda was as follows:
A-1-Approval of Minutes of Previous Meetings:
a. Approval of Minutes from November 9, 2009 Regular Council Meeting Councilor Durfee abstained, absent
b. Approval of Executive Session Minutes from November 9, 2009 Councilor Durfee abstained, absent
A-2-Receipt of Minutes from Various Board and Commissions:
| a. School Committee (5) | e. Open Space Commission (2) |
| b. Zoning Board of Review | f. Historical Cemetery Commission |
| c. Pocasset Hill Cemetery Commission | h. Conservation Commission |
| d. Recycling/Landfill Committee (2) | i. Prevention Coalition |
A-3-Correspondence:
a. Received From Town of Glocester Regarding Opposition to House and Senate Bill Reducing RI Housing Foreclosure Period
b. Received From John and Teresa Cordeiro Expressing Appreciation to Council for Support of Megan L. Cordeiro Memorial Foundation “Miles for Megan Event”
c. Received From Dept of Business Regulation Regarding Liquor Control – Referred to Town Solicitor
d. Received From Town of Little Compton – Proposed Amendments to the Little Compton Town Code – Zoning Ordinances and Subdivision Regulations and Comprehensive Plan – Referred to Town Planner
A-4-Approval of Joint Petition to Place New Verizon New England and Narragansett Electric Joint Pole on Lake Road – Response from DPW Director S. Berlucchi
A-5-Approval of Tax Assessor Abatements
Receipt of Minutes from the School Committee of October 13, 2009
Councilor Leonard questioned where the $90,000 mentioned in item 3d, a grant for the Prevention Coalition, would be applied. Sally Black, School Committee member, noted the funds were not only for the school but also for police as well to enforce underage drinking. Councilor Bollin requested Town Administrator request report from Ms. Ellwell regarding the grant use.
Councilor Leonard made a motion, seconded by Councilor Roderick to accept the School Committee minutes. Motion passed unanimously.
Receipt of Minutes from the Recreation Commission Meeting of October 20,2009
Councilor Leonard questioned the use of the social Internet web site “Facebook” and what would be posted. Wanted to make sure the information was accurate, important to send consistent message about what is going on in Town.
Councilor Leonard made a motion, seconded by Councilor Durfee to approve the Recreation Commission minutes and for the Town Administrator to follow up. Motion passed unanimously.
Receipt of Town Treasurer’s Budget and Revenue Reports for October 2009
Council President Bollin questioned why the Abatement Offset account was still appearing in the Budget report after the Council requested removal of that account. A separate report was to be provided to the Council with a running total of abatements. Treasurer DiMattia replied that figure should not be there was unable to have it taken off the report. Councilor Bollin questioned the Revenue report on page 3 showing library revenue of $20,000, which was actually an expense. Treasurer explained the library offered to turn back $20,000, in essence forfeiting an allocation. Councilor Bollin pointed out that sum should go back into the General Fund and not show up as revenue. Treasurer agreed that should be removed from the revenue report as well. Councilor Durfee questioned how it would be reflected in June 30th 09 audited figures. Treasurer noted the audit is not yet finalized, will do as an audit adjustment to the 09 fiscal.
Councilor Leonard made a motion to accept the reports. Councilor Costa seconded the motion, which passed unanimously.
The Town Council was sitting as the Board of Licensing Commissioners:
PUBLIC HEARINGS- ADVERTISED
Town Clerk – Annual Renewal of Auto Junkyard and Second Hand Dealer Licenses Dec 1, 2009 to Nov 30, 2010– Subject to Meeting All Legal Requirements – See Attached List
Council President Bollin opened the Public Hearing for comments on the annual renewal of auto junkyard and second hand dealer licenses. There being no comments President Bollin closed this portion of the Public Hearing.
Councilor Leonard made a motion, seconded by Councilor Roderick to grant the renewal of auto junkyard and second hand dealer licenses, per the attached list subject to meeting all legal requirements. The list was as follows:
AUTO JUNKYARD AND SECOND HAND DEALER LICENSE AND/OR AUTO WRECKING ANNUAL LICENSES RENEWALS
TERM OF DECEMBER 1, 2009-NOVEMBER 30, 2010
| 1. ARNOLD’S AUTO PARTS | 1484 CRANDALL ROAD |
| 2. GENERAL AUTO RECYCLING, INC. | 384 KING ROAD |
| 3. ALAN J. LAGASSE D/B/A LAGASSE SALVAGE YARD | CORY’S LANE |
| 4. SANFORD & SON LTD | 104 CYNTHIA AVENUE |
| 5. SOUTH SHORE TIVERTON LLC | 413 BULGARMARSH ROAD |
| 6. TIVERTON AUTO PARTS, INC | 541 BULGARMARSH ROAD |
| 7. TIVERTON AUTO PARTS, INC. | 533 & LOT 116 –CARD 29 BULGARMARSH |
Town Clerk – Annual Renewal of Liquor Licenses Dec 1, 2009 to Nov 30, 2010 Subject to Meeting All Legal Requirements – Attached List
a. Removal of Dutra Inc. d/b/a Christopher’s 221 Main Road
b. Removal of Bay Street Properties, Inc. d/b/a Sea Breeze Restaurant
Council President opened the Public Hearing for comments on the annual renewal of liquor licenses. Town Clerk Nancy L. Mello asked for the removal of Dutra, Inc. d/b/a Christopher’s and Bay Street Properties, Inc. d/b/a Seabreeze Restaurant as these were part of the advertising but no petitions for renewal were received from either business. President Bollin asked for any public comments, being none closed the Public Hearing.
Councilor Leonard made a motion, seconded by Councilor Roderick to grant the renewal of liquor licenses, per the attached list, except for Dutra Inc. d/b/a Christopher’s and Bay Street Properties, Inc. d/b/a Seabreeze Restaurant, subject to meeting all legal requirements. Motion passed unanimously. The list was as follows:
PUBLIC HEARING OF ANNUAL RENEWAL OF LIQUOR LICENSES
DEC. 1, 2009-NOV. 30, 2010 AS ADVERTISED ON NOV. 5 AND NOV. 12 2009 SAKONNET TIMES
CLASS A
| Chandri, Inc. d/b/a Tiverton Liquors | 65 Main Rd. |
| Nimraj, Inc. d/b/a Crossroad Liquors Inc. | 1540 Bulgarmarsh Rd. |
| Smittom Inc. d/b/a Stone Bridge Liquors | 2490 Main Rd. |
CLASS BV
| Silva Brothers Inc. d/b/a Barcello’s Family Restaurant | 1214 Stafford Rd. |
| Bay Street Properties, Inc. d/b/a SeaBreeze Restaurant | 1 Bay St.- License not renewed |
| Botelho LLC d/b/a Buddy’s Place | 79 Main Rd. |
| Dutra Inc. d/b/a Christopher’s | 221 Main R d. - License not renewed |
| Spring Restaurant Inc. | 118-120 Main Rd. |
| Le Moulin Rouge, Inc. | 1403 Main Rd. |
| Benjamin’s Sports Pub, Inc. | 4 Stafford Rd. |
| Faithe J. Bortz d/b/a P. J’s Café | 301 State Ave. |
| Mykonos Restaurant Inc. d/b/a Stone Bridge Restaurant | 1848 Main R d |
| Evelyn’s Nanaquaket Drive-In, Inc. | 2335 Main Rd. |
| Kfoury Inc. d/b/a Brantal’s Restaurant, Banquet & Catering | 91-97 Crandall Rd. |
| The Boat House Restaurant, LLC | 227 Schooner Drive |
| Nonni’s Inc. d/b/a Nonni’s Kitchen & Pasta Shop | 1154 Stafford Rd. |
| HUEJAN Inc. d/b/a Lil’Bear Sports Lounge | 983 Main Rd. |
Class BVL
| Classic Pizza Inc. | 495 Main Rd. |
| Soule-Seabury Associates Inc. d/b/a Four Corners Grill | 3841 Main Rd |
| Storti’s Sunrise Café Inc. | 1148 Stafford Rd |
CLASS BT
| Senior Lifestyle Sakonnet Bay LP | 1215 Main Rd. |
CLASS D
| Father Joseph Boehr Columbian Club, Inc. d/b/a Knights of Columbus | 28 Fish Rd |
| Woodrow L. Silvia Post Home Association Inc. | 134 Shove St. |
| Bayview Holy Ghost Citizens Club | 66 Bottom St. |
Town Clerk – Annual Renewal of Licenses Dec 1, 2009 to Nov 30, 2010– Subject to Meeting All Legal Requirements – Lists of Businesses Attached
Councilor Durfee removed the renewal of the Manufactured Home Community License for further discussion.
Town Clerk asked the Council to include two late additions, Antique License and a Mobile Home License to the annual renewal list as the payment and petitions were received after the packets were distributed.
Councilor Durfee made a motion, seconded by Councilor Lambert to grant the annual renewal of licenses subject to meeting all legal requirements. Motion passed unanimously. The lists were as follows:
b. Mobile Home Park Licenses Renewals 2009-2010
| Dadson Mobile Home Owners Association | Four Seasons Mobile Home Cooperative |
| d/b/a Dadson Mobile Estates | Association |
| 301 Bulgarmarsh Road | 225 Brayton Road |
| Tiverton, RI 02878 | P.O. Box 520 |
| 102 Units | Tiverton, RI 02878 |
| | 20 Units plus 18 Additional Units in Section 2 |
| | (Granted 5/9/88) |
| | Total 38 Units |
| | |
| Heritage Home Park Cooperative, Inc. | Patchet Brook Park, Inc. |
| 100 Heritage Park | 4502 Main Road |
| Tiverton, RI 02878 | Tiverton, R.I. 02878 |
| 37 Units | 8 Units |
c. Petroleum Storage Licenses Renewals Dec 1, 2009 – Nov 30, 2010
| DENNIS MOTTA d/b/a DANNY’S SERVICE STATION | 99 CRANDALL ROAD |
| ALZAIBAK, INC. d/b/a GEORGE’S GAS AND SERVICE | 1215 STAFFORD ROAD |
| AMERADA HESS CORP. (39211) | 1308 STAFFORD RD. |
| FERRELLGAS INC. | 896 FISH ROAD |
| FUEL CIRCLE INC. | 1837 MAIN ROAD |
| INLAND FUEL TERMINALS, INC. | 25 STATE AVENUE |
| PHIL’S BOTTLED GAS SERVICE INC. | 477 CRANDALL ROAD |
| SANOCO, INC. d/b/a RITE OIL COMPANY | 102 MAIN ROAD |
| SK PROPERTIES-KINGSFISHER HOUSING ASSOC. | 40 ALICIA CIRCLE |
| ANDREW E. SNIDER | 605 NECK ROAD |
| TIVERTON MARINA d/b/a STANDISH BOATYARD | 1697 MAIN ROAD |
| JAMAC INC. d/b/a THREE DUCKS CAR WASH | 400 MAIN ROAD |
| TIVERTON POLICE DEPARTMENT | 20 INDUSTRIAL WAY |
| TIVERTON SUN | 497 MAIN ROAD |
| DCPKM ENTERPRISES INC. d/b/a TIVERTON VALERO | 861 MAIN ROAD |
| TIVERTON PUBLIC WORKS DEPT. | 50 INDURSTRIAL WAY |
d. Street Excavators Licenses-Dec. 1,2009-Nov. 30,2010
| SPECTRA ENERGY CORP. d/b/a ALGONQUIN | J & A LANDSCAPING |
| GAS TRANSMISSION LLC | 911 BULGARMARSH RD |
| 8 WILSON WAY | TIVERTON, RI 02878 |
| WESTWOODMA 02090 | |
| | |
| AQUIDNECK CONSTRUCTION INC. | J.R.D. INC. |
| P. O. BOX 177 | 3 SAMMY'S LANE |
| PORTSMOUTH, RI 02871 | ASSONET, MA 02702 |
| | |
| CAMARA EXCAVATING LLC | S. OLIVEIRA CONST. CORP. |
| 520 FISH ROAD | 217 STAFFORD RD. |
| TIVERTON, RI 02878 | TIVERTON, RI 02878 |
| | |
| C.B. UTILITY CO., INC. | HUGO KEY & SON INC. |
| 99 TUPELO STREET | 51 America’s Cup |
| BRISTOL, RI 02809 | NEWPORT, RI 02840 |
| | |
| EAST COAST LANDSCAPING & CONSTRUCTION | CHESTER R. WILKIE JR. EXCAVATING |
| 202 CHASE ROAD | 211 LONG HIGHWAY |
| PORTSMOUTH, RI 02871 | LITTLE COMPTON, RI 02837 |
| | |
e. Tobacco Dealers and Cigarette Vending Machine Licenses-Dec. 1,2009-Nov. 30,2010
| | | BUSINESS ADDRESS |
| RAJ BHARTI INC. | d/b/a 117 VARIETY, LLC | 1540 BULGARMARSH Rd. |
| AMERADA HESS CORP #39211 | | 1308 STAFFORD RD |
| CVS PHARMACY INC #1086 | | 496 MAIN RD. |
| CUMBERLAND FARM | M INC. | 1860 MAIN ROAD |
| NIMRAJ INC. | d/b/a CROSSROAD LIQUORS INC | 1540 BULGARMARSH RD. |
| SFS CORP | D/B/A ELAINE'S COUNTRY STORE | 1204 FISH ROAD |
| FUEL CIRCLE INC. | d/b/a SEASIDE GAS | 1837MAIN ROAD |
| GRAY'S ICE CREAM INC | | 16 EAST ROAD |
| MAXI DRUG SOUTH LP | d/b/a RITE AID 10235 | 677 MAIN ROAD |
| RI YOGI RAJ | D/B/A NORTH TIVERTON NEWS | 15 MAIN ROAD |
| STEP BY STEP MART | | 429 MAIN ROAD |
| SMITTOM INC | D/B/A STONE BRIDGE LIQUORS | 2490 MAIN ROAD |
| JAMAC INC | D/B/A THREE DUCKS CARWASH | 400 MAIN ROAD |
| TIVERTON CONVENIENCE STORE INC | | 29 STAFFORD RD |
| CHANDNI INC | D/B/A TIVERTON LIQUORS | 65 MAIN ROAD |
| DCPKM ENTERPRISES INC | D/B/A TIVERTON VALERO (NEW 10/23/06) | 861-887 MAIN RD |
f. Victualling Licenses Renewals Dec. 1,2009-Nov. 30,2010
| RAJ Bharti Inc d/b/a 177 Variety | 1540 Bulgarmarsh Rd |
| Silva Brothers Inc d/b/a Barcello's Family Restaurant | 1214 Stafford Rd |
| Bayview Holy Ghost Citizens Club | 66 Bottom St |
| Benjamin's Sports Pub, Inc. | 4 Stafford Rd |
| Black Goose Company d/b/a Black Goose Café | 2160 Main Rd |
| The Boat House Restaurant LLC | 227 Schooner Dr |
| Kfoury Inc d/b/a Brantal's Restaurant Banquet & Catering Facility | 91-97 Crandall Rd |
| Botelho LLC d/b/a Buddy's Place | 79 Main Rd |
| New China Gourmet | 180 Main Rd |
| | |
| Classic Pizza, Inc. | 492 Main Rd |
| Coastal Roasters LLC | 1791 Main Rd |
| | |
| Tiverton Convenience Point Inc. d/b/a Country Kitchen | 31 Stafford Rd |
| | |
| Artemida, LLC d/b/a Dunkin Donuts | 496 Main Rd |
| Themie, LLC d/b/a Dunkin Donuts | 1735 Stafford Rd |
| East Lake Variety Inc. | 750 East Rd |
| Elaine's Country Store | 1204 Fish Rd |
| Evelyn's Nanaquaket Drive-In, Inc. | 2335 Main Rd |
| Everett Lane Inc. d/b/a Family Ties Restaurant | 520 Main Rd |
| Famous Pizza | 433 Main Rd |
| Father Joseph Boehr Columbian Club, Inc. | 28 Fish Rd |
| Soule Seabury Associates Inc d/b/a Four Corners Grille | 3841 Main Rd |
| Gray's Ice Cream, Inc. | 16 East Rd |
| Tiverton Coffee House | 1 Stafford Rd. |
| Helger's Ice Cream | 2490 Main Rd |
| Hess Corp (39211) | 1308 Stafford Rd |
| Joseph Daquay d/b/a Le Moulin Rouge | 1403 Main Rd |
| HUEJAN INC. Lil' Bear Sports Lounge | 983 Main Rd |
| | |
| The Moose Café Inc. | 1160 Stafford Rd |
| Nonni's Inc d/b/a Nonni's Kitchen and Pasta Shop | 1154 Stafford Rd |
| Faithe J. Bortz d/b/a P.J.'s Café | 301 State Ave |
| | |
| Pizza Corner /Alcheldos/ Arcee, Inc | 1715 Stafford Rd |
| | |
| Primrose Bakery | 115 Stafford Rd |
| Provender, Inc. | 3883 Main Rd |
| | |
| Route 177 Flea Market Snack Bar | 1560 Bulgarmarsh Rd |
| Sabitado's Pizzeria | 1204 Fish Rd |
| Saughkonnet Hot Dogs LLC | 527 Main Rd |
| | 1 Bay St |
| Senior Lifestyle Sakonnet Bay LP | 1215 Main Rd |
| Spring Restaurant, Inc. | 118-120 Main Rd |
| Mykonos Restaurant d/b/a Stone Bridge Restaurant | 1848 Main Rd |
| Kass Sandwich Shop Corp. d/b/a Subway of Tiverton | 1289 Stafford Rd |
| All Fresh Donuts Corp. d/b/a Sip N Dip | 499 Main Rd |
| Sotiris Paulis d/b/a Yannis Seafood | 2490 Main Rd |
| V.F.W. Woodrow L. Silvia Post Home Association, Inc. No.5392 | 134 Shove St |
| Susan's Restaurant | 13 Crandall Road |
g. Holiday Business Licenses Renewals Dec. 1,2009 to Nov. 30,2010
| RAJ BHARTI INC D/B/A 177 VARIETY 1540 BULGARMARSH RD |
| AQUIDNECK FASTENERS INC 36 AQUIDNECK DR |
| |
| BRIDGEPORT SEAFOOD MARKET 2117 MAIN RD |
| |
| THE COTTAGE AT FOUR CORNERS 3847 MAIN RD |
| COUNTRY AUTO SALES & SERVICE INC 1230 STAFFORD RD |
| COURTYARDS LTD 3980 MAIN RD |
| CROWS NEST FARM 467 EAST RD. |
| |
| CUMBERLAND FARMS INC #1121 1860 MAIN RD |
| CVS PHARMACY INC. 1086 500 MAIN ROAD |
| DON'S MARINE SALES & SERVICE INC 2503 MAIN RD |
| |
| EAST LAKE VARIETY INC 750 EAST RD |
| EDS AUTO REPAIR 126 BEAR'S DEN RD |
| SFS CORP D/B/A ELAINES COUNTY STORE 1204 FISH RD |
| ENVY GYMNASTICS, INC. 935 MAIN ROAD |
| FUEL CIRCLE INC. 1837 MAIN ROAD |
| SILK ROAD TRADERS AT GALLERY 4 3848 MAIN ROAD |
| |
| GENERAL AUTO RECYCLING INC 384 KING RD |
| ALZAIBAK INC D/B/A GEORGES GAS & SERVICE 1215 STAFFORD RD |
| GRAYS ICE CREAM INC 16 EAST RD |
| |
| HESS EXPRESS #39211 1308 STAFFORD RD. |
| THE HOSE CONNECTION INC 25 WM S CANNING BLVD |
| PD HUMPHREY CO INC 590 MAIN RD |
| ALAN J LAGASSE D/B/A LAGASSE SALVAGE YARD CORY'S LANE |
| LEO'S GREENHOUSE 377 MAIN ROAD |
| LITTLE PURLS LTD 3952 MAIN RD |
| MANCHESTERS TREE & LANDSCAPING 2970 MAIN RD |
| THE METAL WORKS CORP. 3940 MAIN RD |
| MICHAEL'S FLORIST 137 MAIN ROAD |
| MILK & HONEY BAZAAR INC. 3838 MAIN RD. |
| M & R FEED STORE INC 329 KING RD |
| RI YOGI RAJ LLC D/B/A NORTH TIVERTON NEWS 15 MAIN RD |
| |
| PHIL'S PROPANE INC 477 CRANDALL RD |
| |
| MAXI DRUG SOUTH LP D/B/A RITE AID #10235 677 MAIN RD |
| RIVERSIDE MARINE/A. LATINVILLE 212 RIVERSIDE DRIVE |
| ROSEBERRY-WINN POTTERY & TILE LLC 3842 MAIN RD |
| SANFORD AND SON LTD. 104 CYNTHIA AVE. |
| SOUTH SHORE TIVERTON LLC 413 BULGARMARSH RD. |
| SKYRON INC. 1701 STAFFORD ROAD |
| STAFFORD AUTO SALES 1296 STAFFORD RD |
| STANDISH BOATYARD INC 1697 MAIN RD |
| STEP BY STEP MART INC 429 MAIN RD |
| |
| JAMAC INC D/B/A THREE DUCKS CARWASH 400 MAIN RD |
| |
| TIVERTON AUTO PARTS 541 BULGARMARSH RD |
| TIVERTON CONVENIENCE POINT INC D/B/A STATELINE TOBACCO 29 STAFFORD RD |
| TOWNE MOTOR SALES 109 MAIN RD |
| |
| TIVERTON SUN 497 MAIN RD |
| VITI INC 975 FISH RD |
| WILLIAM S. SANFORD INC. 367 BULGARMARSH RD. |
h. Route 177 Flea Market License Annual Renewal Dec 1, 2009 – Nov. 30, 2010
Tom Ouellette’s Rte. 177 Flea Market, 1560 Bulgarmarsh Road
i. Entertainment Licenses Renewals Dec. 1,2009 –Nov. 30,2010
| Silva Brothers, Inc. d/b/a Barcello’s Family Restaurant | 1214 Stafford Road |
| Botelho LLC d/b/a Buddy’s Place | 79 Main Road |
| Spring Restaurant Inc. | 118-120 Main Road |
| Benjamin’s Sports Pub, Inc. | 4 Stafford Road |
| Kfoury Inc. d/b/a Restaurant, Banquet & Catering | 91-97 Crandall Road |
| Senior Lifestyle Sakonnet Bay LP | 1215 Main Road |
| Faithe J. Bortz d/b/a P.J’s Café | 301 State Ave. |
| Father Joseph Boehr Columbian Club Inc. | |
| d/b/a Knights of Columbus | 28 Fish Road |
| Woodrow L. Silvia Post Home Assoc. | 134 Shove St. |
| Bayview Holy Ghost Citizens Club | 66 Bottom St. |
| HueJan, Inc. d/b/a Lil’Bear Sports Lounge | 983 Main Rd. |
| Tiverton Coffee House | 1 Stafford Road |
Antique License (Late addition)-Annual Renewal Dec. 1, 2009-Nov. 30, 2010
Stella Bernhard d/b/a Antiques II at Four Corners
Councilor Roderick Recused for Countryview License since he resides there
Manufactured Home Elderly Community License – Planning Board and Building/Zoning Official Recommendations –Correspondence Received
Councilor Bollin read the Planning Board memorandum indicating a negative recommendation for the renewal of the license for Countryview Estates. A letter of complaint was also received from a resident of the community. Councilor Durfee asked if this was forwarded to the Planning Board. DPW Director Berlucchi surveyed the roads at the request of the Davis Logan. All the roads have a binder and a base cover which is good for 2or 3 years. It is time to top the base coat, DPW Director wrote a letter to Mr. Logan. The Town deadline to pave is November 15th. Director Berlucchi highly recommends doing the base coat as soon as possible in the spring. Recommends the Council make the license contingent upon paving the whole subdivision for the spring. Mr. Logan was willing to do the paving in the spring. Several residents complained about driveways and roads that needed paving. President Bollin noted the need for compliance.
Councilor Durfee made a motion for renewal with a condition that paving is completed in the spring, the responsibility of Mr. Logan. Discussion with residents as to who is responsible for paying for the paving.
President Bollin noted the issue needed to be clarified regarding the original paving, if required by the initial license. Councilor Durfee withdrew the motion. Councilor Durfee suggested the Town Solicitor review the requirements placed on the developer when the original license was granted.
Councilor Durfee made a motion to continue to the first meeting in January on the condition the paving road which gives the Town Solicitor time to review and obviate. Councilor Leonard seconded. Several residents complained about Mr. Logan. President Bollin reminded the audience the Council could only go as far as what the Planning Board required and what the Council dictated at the time of the original license. Councilor Durfee noted the residents have some private issues with Mr. Logan. Edward Roderick, resident noted the Solicitor would look at the requirements but clearly remembers being told once construction was completed the roads and driveways would be paved.
Councilor Costa amended the motion to continue to January 11,2010 the license renewal for Countryview Estates and to extend the license currently in effect to January 11,2010. Seconded by Councilor Leonard motion passed unanimously.
Councilor Roderick returned to his seat.
New License - Fuel Circle d/b/a Seaside Gas and Convenience, 1837 Main Road – Request Approval of Victualling License – Subject to Meeting All Legal Requirements
Councilor Arruda made a motion seconded by Councilor Lambert to approve a Victualling License for Fuel Circle d/b/a Seaside Gas and Convenience. Motion passed unanimously.
New License - Pro Construction Co, LLC, 1032 American Legion Highway, Westport, MA – Request Approval of Street Excavator’s License – Subject to Meeting All Legal Requirements
Councilor Arruda made a motion, seconded by Councilor Costa to approve the request for a Street Excavator’s License to Pro Construction Co., LLC subject to meeting all legal requirements.
DPW Director Berlucchi noted the Town Clerk just received a notice the bond was cancelled. Since the bond is required Director Berlucchi rescinded his recommendation. President Bollin noted that was part of the legal requirements and the license would not be issued until a proper bond was posted. Councilor Durfee was opposed to issuance preferred to continue.
Motion passed 6-1, Councilor Durfee opposed.
Municipal Court Judge – Charter Section 805 – November 2009 to November 2011 G. Scott Nebergall Request Reappointment
Town Clerk Nancy Mello had received a few phone calls indication interest in the position but nothing in writing. Councilor Durfee noted the Municipal Court Judge serves until a successor is appointed. This is the first notice the position was up for reappointment, suggested continuing to the first meeting in December. Councilors Lambert and Roderick noted a serious candidate would have submitted something to the Clerk.
Councilor Lambert made a motion to reappoint G. Scott Nebergall to a term November 2009 to November 2011. The motion was seconded by Councilor Roderick and passed on a vote of 5-2, Councilors Durfee and Arruda opposed.
C. Spencer, Town Planner – Advertised Public Hearing - Zoning Changes to the General Commercial Zone
Town Planner Chris Spencer presented a brief slide show highlighting proposed changes to the General Commercial Zone on how it could visually impact the Town. The changes would enhance the public realm, encourage economic development and promote good land use. The public realm includes space between buildings. Currently zoning has roadblocks to great streets. Suburban parking requirements have excessive setbacks, maximum building lot coverage, and limits trees on public right of way, excessively wide with numerous curb cuts. Mr. Spencer’s slide show included showing what could currently be built with a 50 foot set back.
President Bollin opened the Public Hearing for comments from the public on changes to the General Commercial Zone. Len Schmidt, Chair of the Economic Development Committee noted these were significant changes to the zoning from a business standpoint, has some flexibility, impact vitally important to the Town. Areas from the State line to Stone Bridge are under utilized, people can’t develop. Laura Epke was also in favor of the changes, noted some typographical errors.. Under paragraph f after the word associated to fee ordinance should be inserted. On page 12, paragraph b. (2) Upper threshold-there is nothing that quantifies significant. Found this to be a great deal of work and appreciated the effort. Several residents also spoke in favor of the changes.
Stuart Hardy, a member of the Planning Board, noted the Planning Board unanimously approved the changes after much discussion. This grew out of the Comprehensive Plan with areas designed for pedestrians, mixed use and the Comp. Plan also speaks out against commercial sprawl. Part of the process includes bringing the zoning into compliance with the Comp. Plan.
Councilor Durfee made a motion to approve the proposed amendments to the Zoning. Councilor Arruda seconded the motion. Councilor Leonard asked the Town Solicitor Andy Teitz about Laura Epke’s comments regarding fees on page 11. Solicitor Teitz’s understanding this was meant to send a message to see the Planner first before a lot of money is spent. Mr. Spencer noted they want to create a more collaborative process. Councilor Roderick commended the Planning Board for looking forward. Councilor Arruda noted this was a long time coming, very appropriate. Councilor Lambert noted these changes were giving developers some assurances. Councilor Durfee also noted the design standards offers a layer of review. President Bollin noted there is room for improvement, the entire zoning code needs a review, part of the problem is special use permit, should be open for discussion, corrects perceptions, wonderful first step. Motion passed unanimously.
The approved Zoning Amendments (See last pages of minutes).
November 30th Workshop Agenda
a. Use and Disposition of Nonquit and Old Ranger Schools
b. Requesting by Gerald Felise to be on Workshop Agenda
Town Clerk Mello asked the Council if there was anything else they wanted on the workshop agenda. Solicitor Teitz noted the request by Mr. Felise is premature, from a procedural stand should start with the Economic Development Committee. Councilor Durfee wanted to put the Budget on for preliminary discussion. Councilors Costa believed Mr. Felise’s request should go to the Planning Board. Councilor Leonard noted the letter transcends a workshop since Mr. Felise requests an action. Consensus was to limit the workshop to two items.
Councilor Durfee made a motion to have the workshop agenda limited to the Ranger and Nonquit use proposals and a general discussion on the Budget. Seconded by Councilor Costa motion passed unanimously.
Town Clerk – December 28th Meeting – Request Advertisement for Public Hearing on Amendment Regarding Quarry Licensing
Solicitor Teitz raised the point about quarry licensing, an amendment requires advertising 21 days prior to the Public Hearing.
Councilor Durfee made a motion to advertise a Public Hearing on an Amendment to Quarry Licensing for the second meeting in January. Seconded by Councilor Costa motion passed unanimously.
Request Council Approval Authorizing Letter to Director of RIDOT Regarding Old Stone Bridge Abutment
Administrator Goncalo requested the approval of a letter to the RIDOT Director regarding the Old Stone Bridge Abutment. During his recent visit Congressman Kennedy suggested the Town ask the project be put in the Transportation Improvement Program (TIP). Councilors Durfee and Bollin said the letter needs a sentence asking to be added to the TIP Program. Councilor Costa suggested a change in the first sentence of the second paragraph-insert one abutment on each side.
Councilor Durfee made a motion, seconded by Councilor Leonard to forward the letter as drafted with the recommended adjustments to Mr. Lewis. Motion passed unanimously.
ANNOUNCEMENTS:
1. Senior Center Christmas party on December 18th from 1-3pm.
2. Christmas Tree lighting at the Town Hall on December 6th at 4:30 pm.
3. There are 60 new homes in progress; 43 at Sandywoods.
4. Workshop on Nov. 30th asked the appraisal company for a preliminary estimate to rent properties.
5. At the last Sakonnet Bridge meeting weekly updates now linked to the Town website.
COUNCIL ANNOUNCEMENTS, COMMENTS AND QUESTIONS:
Councilor Roderick had follow up questions for the Town Treasurer, Philip DiMattia, regarding the investment of funds. Would like the Treasurer to provide a report for the first January Council meeting on the state of accounts and the interest the Town receives. Treasurer DiMattia asked a senior vice president at Citizens to revise the interest rate from .50%. as discussed at last Council meeting. Opened a new checking account for $50,000. Had talked to BankNewport, would give 1.3% on $250,000. Councilors Roderick and Durfee wanted to know why calls to other local banks were not being done. Councilor Roderick suggested BankRI and Washington Trust.
Councilor Durfee, trying to clarify, noted the $500,000 was earning a rate of .65%. Treasurer DiMattia informed Ms. Durfee the rate was actually .80%. Councilor Durfee noted she recently saw certificates earning 1.44%. Treasurer DiMattia, at a previous Council meeting asked for suggestions from anyone on the Council. Treasurer DiMattia noted the need to develop a relationship and an understanding with banks. Councilor Roderick noted many cities and towns in the State have relationships with most local banks. Councilor Durfee suggested the Treasurer call the Dept. of Business Regulation with any concerns. Treasurer was open to any suggestions, no one has called his office, he is pursuing ongoing basis. Councilor Durfee noted he was remiss in his duties. Councilor Arruda believed any bank would be happy to have $250,000. Most banks have relationships with sister cities that can be checked.
Treasurer was concerned about the funds and the possibility of bank failure. Councilor Costa noted all accounts are Federally insured up to $250,000 and the funds could still be split up into other restricted accounts.
Councilor Lambert commented on an article he read in the Providence Journal on November 22nd about declining school enrollment, projected to drop 11.5% by 2015. In an article in the Nov. 18th edition of the Newport Daily News read that a panel was being formed studying the issue of merging schools and districts. This matter needs attention, should monitor other school systems, Little Compton sends their high school students to Portsmouth. Opportunity to consider the idea of regionalization and consolidation with respect to other services as well. Sally Black, School Committee member, has been attending meetings regarding consolidation. Councilor Costa also suggested consolidation into county government.
1. Town Council – 42-46-5(a)(1)-Personnel – Town Administrator – Notice Sent
2. Town Administrator – 42-46-5(a)(2) - Collective Bargaining-Teamsters, IAFF& IBPO
3. Town Solicitor - Litigation – 42-46-5(a) (2)
Councilor Durfee made a motion, seconded by Councilor Arruda to enter into Executive Session pursuant to 42-46-5(a)(1)-Personnel-Town Administrator-Notice Sent. Motion passed unanimously.
Councilor Durfee made a motion, seconded by Councilor Arruda to remain in Executive Session pursuant to 42-46-5(a)(2)-Collective Bargaining-Teamsters, IAFF & IBPO. Motion passed unanimously.
Councilor Durfee made a motion, seconded by Councilor Arruda to further remain in Executive Session pursuant to 42-46-5(a)(2). Motion passed unanimously.
The Council entered into Executive Session at approximately 8:55 p.m.
The Council returned to Open Session at approximately 10:25 p.m.
Council President Bollin announced formal action had been taken in Executive Session, relative to a vote by Council to hire Attorney Kinder to represent the Town in arbitration with IAFF.
Councilor Roderick motioned to seal the minutes of Executive Session, seconded by Councilor Arruda. Vote passed 6-1. Councilor Leonard opposed..
Councilor Roderick motioned to adjourn, seconded by Councilor Leonard. Motion passed unanimously.
Council adjourned at approximately 10:35 p.m.
A True Copy.
ATTEST: _______________________________ Nancy L. Mello, Town Clerk
APPENDIX A —ZONING
ARTICLE II. DEFINITIONS
New / Modified Definitions
(#) Building Coverage: That portion of the lot that is or may be covered by buildings and accessory buildings. (Same as – Lot Building Coverage).
(#) Lot Building Coverage: That portion of the lot that is or may be covered by buildings and accessory buildings. (Same as – Building Coverage).
(#) Gross Floor Area: The total floor area of all floors of a building within the inside perimeter of the exterior walls exclusive of vent shafts and courts, wihout deductions for corridors, stairways, closets, the thickness of interior walls, columns or other similar features. (See also – Net Leasable Floor Area).
(#) Net Leasable Floor Area: The total leasable floor area of all floors of a building within the inside perimeter of the exterior walls exclusive of the thickness of interior walls, vent shafts, courts, corridors, lobbys, common areas, stairways, elevators, mechanical rooms, closets, columns or other similar features. (See also – Gross Floor Area).
Note: Definitions will require renumbering