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, 343 Highland Road, on the 14th day of November 2011 A.D. at 7:0 0 p.m.
President Lambert opened the meeting with the Pledge of Allegiance to the Flag.
| Roll Call: | Jay J. Lambert-President | David M. Nelson |
| | Cecil E. Leonard-Vice President | Brett N. Pelletier |
| | Joan B. Chabot | Edward Roderick |
| | Robert D. Coulter | |
Town Administrator, James C. Goncalo and Town Solicitor, Andrew M. Teitz were also present.
President Lambert introduced Honorable State Senator Walter S. Felag, Jr., requested adding to agenda for informational purposes only.
Councilor Pelletier made a motion, seconded by Councilor Roderick to add State Senator Walter S. Felag, Jr. addressing the Council for informational purposes only. Motion passed unanimously.
Senator Felag updated the Council relative to the General Assembly. The major issue is Pension Reform, heard testimony in the Finance Committee, the General Assembly made some modifications, voted on in the Finance Committees in the House and Senate, expect full vote on Thursday. Another item coming up, Redistricting, based on population shifts, in the process of having hearings across the State, should have proposed maps in a couple of weeks. Senator Felag also received a call from a constituent regarding the Hummocks exit on Route 24, just before the Sakonnet Bridge. The Senator has met with the Department of Transportation (DOT) about the road shift, is a potential hazard, the Town of Portsmouth wants it to remain open. One option is proper signage and reduced speed. There was a public hearing one month ago about tolls on the Mt. Hope Bridge, against the tolls, cost should be borne by the entire state. Receiving legislative grants for the Police Department, Fire Department and the Library.
Councilor Nelson asked about local pension liabilities, not addressed by the State. Senator Felag noted that was not being addressed at this time, the General Assembly lawyer cited two statutes, now just to pursue State pensions, will probably be a court battle, not included in MERS, Municipal Employees Retirement System. Senator Felag cited the need to have actuarial studies on every city or town. President Lambert thanked Senator Felag for the update.
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 Lambert read the main topics on the Consent Agenda, detailing selected item. Tiverton Prevention Coalition will receive a $125,000 grant to prevent and reduce substance abuse among youth. The Police Pension actuarial report showed Accrued Liability of $14,685,004 with Actuarial Value of Assets $6,959,498. The Administrator’s report indicates an increase in funding ratio to 47.4%. There are 27 retirees receiving an average pension of $26,080, the plan had an asset gain of $1,034,013, with the total gain for year end June 30, 2011 was $1,646,184. Item numbers 9-12 have been continued for referrals. President Lambert requested removals from the Consent Agenda at this time.
Councilor Pelletier requested removal of item CA5, Distribution of Police Pension Plan Investment Portfolio Review and Police Pension Plan Actuarial Report, in order to recuse. President Lambert requested removal of CA7, Authorization of Open Space Memorandum of Understanding with Tiverton Land Trust for Management of Property Land Trust in Purchasing Adjacent to Ft. Barton for further discussion.
Councilor Leonard made a motion, seconded by Councilor Chabot to approve the Consent Agenda except for items CA5 and CA7. Motion passed unanimously.
The Consent Agenda was as follows:
A-1-a-Approval of Executive Session Minutes from Regular Council Meeting October 24, 2011
A-2-Receipt of Minutes from Various Board and Commissions:
| a. Fogland Beach Oversight Committee | e. Cemetery Commission |
| b. Historic Preservation Advisory Board | f. Conservation Commission |
| c. Recycling/Landfill Committee | g. Zoning Board of Review |
| d. Personnel Board (2) | |
A-3-Correspondence:
a. Resolution in Support of Pension Reform Received From
| Burrillville Town Council | Exeter-West Greenwich School District |
| Westerly Town Council | North Smithfield School Committee |
| Smithfield School Committee | Jamestown Town Council |
| Lincoln Town Council | Foster-Glocester Regional School District |
| East Greenwich Town Council | |
b. Rec’d From Jamestown T/C– Resolution Regarding Opposition to Tolls for Newport Pell Bridge Tours
c. Received From Jamestown Town Council – Resolution Opposing Tax on Tours
d. Received From Tiverton Prevention Coalition Regard Drug Free Communities Support Grant
e. Received From Middletown Town Council – Resolution Requesting National Grid to Implement Proper Preventative Maintenance Measures
A-4-Approval of Tax Assessor Abatements
A-6-Received From Kate Michaud, Administrative Officer
a. Activities Report for September and October 2011
b. Status Update on Outdoor Hydronic Heaters
A-8-Approval of Town Council Annual Calendar for 2012 Council Meetings
A-9-Recommendations Rec’d From Tiverton Planning Board – Referred to Town Solicitor, T/A and Street Committee for Recommendations on Nov.14th Meeting – Continued to Nov. 28th Meeting
a. Acceptance of West DeMello Drive
b. Countryview Estates Performance Surety
c. Acceptance of Winterberry Woods Major Subdivision Streets
d. Acceptance of Knotty Pine Extension Minor Subdivision Streets
A-10-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 to Respond for December 12th Meeting
A-11-Councilor Coulter – Request Clerk of Council Prepare Report on Pending Legislation Sponsored by Tiverton Delegates to General Assembly for Future Meeting – Referred to Town Clerk
A-12-Councilor Coulter – Request Report on Disposition of Nonquit School, Ranger school and Community Center – Referred to Town Administrator for November 28th Meeting
Councilor Pelletier recused and left the Council table.
Town Administrator - Distribution of Police Pension Plan Investment Portfolio Review and Police Pension Plan Actuarial Report
Councilor Nelson related this discussion to a letter the Council received from the Acting Auditor General and the Dept. of Revenue (DOR), asking for a Five Year Plan to fund 100% of Police Pension. Administrator Goncalo was putting together a plan due April 2012, will be bring before the Council. Councilor Nelson pointed out the letter was asking 100% funding, inconsistent with the legislation of 60% funding, questioned why. Senator Felag noted 80% is considered fully funded. Councilor Coulter cited the Administrator’s memo indicating non-educational State Aid will be diverted to the Pension Fund. Those funds come from beverage and corporate meals tax. Councilor Coulter requested the Actuary come before the Council, to talk about the $7.7 million dollar liability shown on page 3 and the $12.3 million dollar deficit shown on page 4. When the Town receives financial impact statements, need to know where every dollar of the money spent is in a contract. Administrator Goncalo suggested the second meeting in January, President Lambert suggested Councilor Coulter put it on a future agenda.
Councilor Leonard made a motion, seconded by Councilor Nelson to approve CA5, Distribution of Police Pension Plan Investment Portfolio Review and Police Pension Plan Actuarial Report. Motion passed unanimously.
Councilor Pelletier returned to the Council table at this time.
Town Administrator -Authorization of Open Space Memorandum of Understanding with Tiverton Land Trust for Management of Property Land Trust is Purchasing Adjacent to Ft. Barton
President Lambert questioned the Council’s responsibility in the agreement. Ginger Lacy, Co-Chair, and Garry Plunkett, of the Open Space Commission explained this non-binding agreement is to initiate a conversation with the Land Trust, and then come back to the Council with a plan; the Council is not approving anything specific. Councilor Nelson questioned the impact on taxes when the Town acquires land. Ms. Lacy explained the Land Trust purchase would be designated Open Space. Resident Dick Hart wanted to know about grant money, needs more thought. President Lambert pointed out the Council is just getting input.
Councilor Nelson made a motion, seconded by Councilor Leonard to approve the Memorandum of Understanding. Motion passed unanimously.
At this time, Solicitor Teitz planned to request the Council go into Executive Session around 9:30 p.m. as Bob Hoffman will be updating the Council on Bay Street.
Public Forum for Announcements, Comments, Questions
Joseph Souza questioned the sale of the old schools; claims clearly stated at the FTM sell the schools. President Lambert noted direction had been given to the Administrator. Councilor Coulter’s request for a report for the November 28th meeting from the Administrator was on the Consent Agenda. Roger Bennis thanked the Council and the Financial Town Meeting Changes Advisory Committee for the ability for voting at the Financial Town Referendum. Jim O’Dell reiterated the request of Joseph Souza to sell the buildings, pay down the bond, some communities seeking State oversight. John Dorsey planned to speak on a license renewal.
East Bay Energy Consortium - Garry Plunkett – Brief Presentation on Wind Energy Project
Garry Plunkett, Tiverton representative for the East Bay Energy Consortium (EBEC) updated the Council on Wind Energy and the ongoing study. Project Manager, Eric Busch, and Dan Mendelsohn from Applied Science Associates, also appeared before the Council, distributed handout detailing background, status, project and next steps. The Consortium consists of 9 municipalities, looking at renewable energy efficiency, reduce costs, funding to date over a half million dollars, spent over $165,000 on a feasibility study. Now defining the project, Meteorological Tower (MET) installed, need 12 months of data, provided in the handout, a map overlay of sites at the Industrial Park including the Water and Fire Districts. This map shows 8-10 wind tower generators (WTG’S) generating 25 megawatts, project cost $50-70 million dollars, potential Net Present Value (NPV) $23-40 million, gets a high rate vs. private developer. Will have access to grant money, goal is to offset municipal usage, saving taxpayers money.
Mr. Busch explained it is a complex project, has favorable conditions, net metering leverages a higher rate, 30-40%, now trying to define agreements, have State and Local support. The survey conducted had positive feedback. The latest information is on the website, www.eastbayenergy.org. Councilor Nelson questioned the benefit to Tiverton as the host site, the compensation for use of the land. Also wondered about the drop zones. Mr. Busch explained the work was just starting on the economic models, sees the Town needs to be clearly compensated, and has to make economic sense for the Town, in the study the cost is measured over 20 years, will be coming back to the Council with more information in the near future. President Lambert thanked all for the update.
Proposed Ordinance Adoption on Limits to the Number of Liquor Licenses
a. Joseph Faria, Susan’s Restaurant - Request Council Consideration to Increase Number of BV (Full Liquor) Licenses Authorized From 15 to 16 and Possible Authorization for Advertisement of Public Hearing
b. Police Chief Report of Liquor Licenses in Other Communities
President Lambert opened the Public Hearing on the Proposed Ordinance Adoption on Limits to the Number of Liquor Licenses. Solicitor Teitz explained there was a request for an additional license, researched with the Town Clerk who has institutional knowledge. In 1979, the Solicitor at the time only required vote of Council to increase number of liquor licenses in the Town and did not need to be done by ordinance. In today’s world, the Town really does need an ordinance which should be codified. The Solicitor’s proposal listed 16 classes, some the Town does not have, can amend the ordinance to grant additional types should need arise stating maximum number of each type license allowed. No comments from the public.
Solicitor Teitz noted the Council would be looking at the first 6; Class A is regulated by RI Law. Councilor Nelson questioned the downside of limits. Town Clerk, Nancy Mello, explained the BVL has no limit. Councilor Pelletier did not have a good basis, the chart included was that of other communities. Town Clerk explained there was a request to increase the number of full liquor licenses from the current number of 15. Councilor Pelletier did not know if there was a need for a limit, should deal on a case by case basis.
Councilor Leonard made a motion, seconded by Councilor Nelson to increase the BV from 15 to 20. Discussion followed. Roger Bennis suggested the Solicitor look at the numbers, serious potential for litigation for the Town, possible ACLU be considered. Councilor Roderick noted almost all communities have limits, becomes too easy to get, and are like gold, the license becomes more enticing to the business. Solicitor Teitz was just providing the legal framework, the concern of restaurants becoming bars, etc. Motion passed unanimously.
The Ordinance was as follows:
AN ORDINANCE IN AMENDMENT TO CHAPTER 6 OF THE ORDINANCES OF THE TOWN OF TIVERTON ALCOHOLIC BEVERAGES,
WHEREAS, the Town of Tiverton desires to amend the Town ordinances to codify the limits on the number of liquor licenses that may be issued.
IT IS HEREBY ORDAINED by the Town Council of Tiverton, Rhode Island, that Chapter 6 of the Ordinances of the Town of Tiverton be amended as follows:
Secs. 6-1-6-8. – Reserved.
Sec. 6-9. – Number of licenses.
Alcoholic beverage licenses within the town shall be limited in quantity as follows:
(1) For class A, there shall be a maximum of 3 licenses; per State Law based on census
(2) For class B-V, there shall be a maximum of 20 licenses;
The Town Clerk requested a Public Hearing date of December 12th as Joseph Faria, Susan’s Restaurant, had already applied for a full liquor license.
Councilor Roderick made a motion, seconded by Councilor Nelson to schedule a Public Hearing for December 12th on the application for a full liquor license. Motion passed unanimously.
Solicitor Teitz noted even though the Ordinance was adopted tonight, the applicant still has to follow all the steps.
The Town Council was sitting as the Board of Licensing Commissioners:
Junkyard and Second Hand Dealer License Renewals Dec. 1, 2011-Nov. 30, 2012-See Attached List
President Lambert opened the Public Hearing on Junkyard and Second Hand Dealer License Renewals for comments. There were no comments; President Lambert closed the Public Hearing.
Councilor Pelletier made a motion, seconded by Councilor Chabot to approve as listed the Auto Junkyard and Second Hand Dealer License Renewals, December 1, 2011 – November 30, 2012, subject to meeting all legal requirements. Motion passed unanimously. The list was as follows:
AUTO JUNKYARD AND SECOND HAND DEALER LICENSE AND/OR AUTO WRECKING ANNUAL LICENSES RENEWALS TERM OF DECEMBER 1, 2011-NOVEMBER 30, 2012
| 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 | 20 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 |
Liquor License Renewals – December 1, 2011 to November 30, 2012-See Attached List
President Lambert opened the Public Hearing on Liquor License Renewals, Class A, Class BV, Class BVL, Class BT and Class D for comments. Solicitor Teitz noted, with regard to Vincent Indeglia, Receiver for Botelho, LLC, d/b/a Buddy’s Place, 79 Main Road, recommended renewing, granted but not issued, receiver plans to have a closing, will be back on December 12th for a transfer of license. John Dorsey, representing the receiver, the receivership court approved the sale of the real estate and the transfer of the license to that buyer. There were no comments; President Lambert closed the Public Hearing on Liquor License Renewals.
Councilor Pelletier made a motion, seconded by Councilor Roderick to approve the entire list for Liquor License as on C2, subject to meeting all legal requirements. Councilor Pelletier questioned previous restrictions, Solicitor Teitz reminded those conditions remain with the renewal. Motion passed unanimously.
The Liquor License renewal list was as follows:
RENEWAL OF LIQUOR LICENSES
Liquor License Renewal Applications for the term of December 1, 2011 through November 30, 2012.
CLASS A ($1000.)
1. Chandri, Inc. d/b/a Tiverton Liquors, 65 Main Rd.
2. Nimraj, Inc. d/b/a Crossroad Liquors Inc. 1540 Bulgarmarsh Rd.
3. Smittom Inc. d/b/a Stone Bridge Liquors 2490 Main Rd.
CLASS BV ($800)
1. Silva Brothers Inc. d/b/a Barcello’s Family Restaurant, 1214 Stafford Rd.
4. Vincent A. Indeglia, Receiver for Botelho LLC d/b/a Buddy’s Place 79 Main
7. Spring Restaurant, Inc. 118-120 Main Rd
8. Le Moulin Rouge, Inc. 1403 Main Rd
10. Benjamin’s Sports Pub, Inc. 4 Stafford Rd
11. Faithe J. Bortz d/b/a P. J’s Café 301 State Ave.
14. Mykonos Restaurant Inc. d/b/a Stone Bridge Restaurant, 1848 Main Rd.
15. Evelyn’s Nanaquaket Drive-In, Inc. 2335 Main Rd.
16. Kfoury Inc. d/b/a Brantal’s Restaurant, Banquet & Catering Facility, 91-97 Crandall Rd.
17. The Boat House Restaurant, LLC, 227 Schooner Drive
19. Nonni’s Inc. d/b/a Nonni’s Kitchen & Pasta Shop 1154 Stafford Rd.
20. HUEJAN Inc. d/b/a Lil’ Bear Sports Lounge 983 Main Rd.
21. Everett Lane Inc. d/b/a Family Ties Restaurant 221 Main Road
22. Atlantic Sports Pub, Inc. 70 Shove St.
23. Randy’s Deli/Bakery d/b/a Restaurant 524 520-524 Main Rd.
CLASS BVL (LIMITED) ($400.)
2. Classic Pizza Inc. 495 Main Rd.
3. Soule-Seabury Associates, Inc. d/b/a Four Corners Grill, 3841 Main Rd.
4. Susans Restaurant 13 Crandall Road
CLASS BT ($800)
1. Senior Lifestyle Sakonnet Bay LP, 1215 Main Rd.
CLASS D (Unlimited) ($200.)
1. Father Joseph Boehr Columbian Club, Inc. d/b/a Knights of Columbus, 28 Fish Rd.
2. Woodrow L. Silvia Post Home Association, Inc. 134 Shove St.
3. Bayview Holy Ghost Citizens Club, 66 Bottom St.
Councilor Roderick noted a correction for the agenda; the expiration date should be November 30, 2012. Solicitor Teitz suggested taking them one at a time in order, basically a Public Hearing even though not advertised.
Tobacco Dealer’s Licenses Renewals – Attached List
President Lambert asked for comments on the Tobacco Dealer’s License Renewals; there were none at this time.
Councilor Pelletier made a motion, seconded by Councilor Roderick to approve the Tobacco Dealer’s License Renewals as listed on C3, subject to meeting all legal requirements. Motion passed unanimously.
The list was as follows.
TOBACCO DEALER’S LICENSE RENEWALS DECEMBER 1, 2011- NOVEMBER 30, 2012
| RAJ BHARTI INC. d/b/a 117 VARIETY, LLC | 1540 BULGARMARSH |
| AMERADA HESS CORP #39211 | 1308 STAFFORD |
| CVS PHARMACY INC #1086 | 500 MAIN RD. |
| CUMBERLAND FARM | 1860 MAIN ROAD |
| NIMRAJ INC. d/b/a CROSSROAD LIQUORS INC | 1540 BULGARMARSH |
| DANIA FOODMART LLC. | 861 MAIN ROAD |
| EAST LAKE VARIETY INC. | 750 EAST ROAD |
| 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 d/b/a RITE AID 10235 | 677 MAIN ROAD |
| RI YOGI RAJ D/B/A NORTH TIVERTON NEWS | 15 MAIN ROAD |
| STEP BY STEP | 429 MAIN ROAD |
| SMITTOM INC D/B/A STONE BRIDGE LIQUORS | 2490 MAIN ROAD |
| STOGIE'S CIGAR SHOP | 730 MAIN ROAD |
| DARC INC. THREE DUCKS CAR WASH | 400 MAIN ROAD |
| TIVERTON CONVENIENCE STORE INC. | 29 STAFFORD RD. |
| CHANDNI INC D/B/A TIVERTON LIQUORS | 65 MAIN ROAD |
Victualling License Renewals – Attached List
President Lambert asked for comments on the Victualling License Renewals; there were none at this time.
Councilor Pelletier made a motion, seconded by Councilor Roderick to approve the Victualling License Renewals as listed on C4, subject to meeting all legal requirements. Motion passed unanimously.
| VICTUALLING LICENSES 2011 -2012 | |||
| Raj Bharti Inc. d/b/a 177 Variety, LLC | 1540 Bulgarmarsh Rd | Helger's Ice Cream | 2490 Main Rd |
| Amerada Hess Corp (39211) | 1308 Stafford Rd | Joseph Daquay d/b/a Le Moulin Rouge | 1403 Main Rd |
| Atlantic Sports Pub, Inc. | 70 Shove St. | ||
| Silva Brothers Inc d/b/a Barcello's Family Restaurant | 1214 Stafford Rd | HUEJAN INC. d/b/a Lil'Bear Sports Lounge | 983 Main Rd |
| Bayview Holy Ghost Citizens Club | 66 Bottom St | The Moose Café Inc. | 1160 Stafford Rd |
| Benjamin's Sports Pub, Inc. | 4 Stafford Rd | ||
| Black Goose Company d/b/a Black Goose Café | 2160 Main Rd. | Nonni's Inc. d/b/a Nonni's Kitchen & Pasta Shop | 1154 Stafford Rd |
| Boat House Restaurant LLC | 227 Schooner Drive | Faithe J. Bortz d/b/a P.J.'s Café | 301 State Ave |
| Kfoury Inc d/b/a Brantal's Restaurant Banquet & Catering Facility | 91-97 Crandall Rd | Pizza Corner /Alcheldos/ Arcee, Inc | 1715 Stafford Rd |
| China Gourmet | 180 Main Rd | Provender, Inc. | 3883 Main Rd |
| Classic Pizza, Inc. | 492 Main Rd | RandySanterre d/b/a Randy's Deli/Bakery d/b/a Restaurant 524 | 520-524 Main Rd. |
| Lisa Machado d/b/a Coastal Roasters LLC | 1791 Main Rd | RT 177 FLEA MARKET SNACK BAR | 1560 Bulgarmarsh Rd. |
| Country Kitchen-Tiverton Convenience Point Inc. | 31 Stafford Rd. | Sabitado's Pizzeria | 1204 Fish Rd |
| Eric Hyson d/b/a Samantha' Seafood & Catering | 115 Stafford Rd | ||
| Artemida, LLC d/b/a Dunkin Donuts | 496 Main Rd | Saughkonnet Hot Dogs LLC | 527 Main Rd |
| Themie, LLC d/b/a Dunkin Donuts | 1735 Stafford Rd | Senior Lifestyle Sakonnet Bay LP | 1215 Main Rd |
| East Lake Variety Inc. | 750 East Rd | All Fresh Donuts Corp. d/b/a Sip N Dip Donuts | 499 Main Rd |
| All Fresh Donuts Corp. d/b/a Sip N Dip Donuts | 2 CRANDALL RD | ||
| Elaine's Country Store | 1204 Fish Rd | Spring Restaurant, Inc. | 118-120 Main Rd |
| Evelyn's Nanaquaket Drive-In, Inc. | 2335 Main Rd. | Mykonos Restaurant d/b/a Stone Bridge Restaurant | 1848 Main Rd |
| Everett Lane Inc. d/b/a Family Ties | 221 Main Rd. | ||
| Famous Pizza | 433 Main Rd | Kass Sandwich Shop Corp. d/b/a Subway of Tiverton | 1289 Stafford Rd |
| Fr Joseph Boehr Columbian Club, Inc. | 28 Fish Rd | Susan's Restaurant | 13 Crandall |
| Soule Seabury Associates Inc d/b/a Four Corners Grille | 3841 Main Rd | V.F.W. Woodrow L. Silvia Post Home Association, Inc. No.5392 | 134 Shove St |
| Gray's Ice Cream, Inc. | 16 East Rd | Vincent Storti d/b/a Vincent's Restaurant | 1148 Stafford Rd |
| Sweet Retreat Bake Shop & More LLC | 14 Stafford Rd | ||
| Sotiris Paulis d/b/a Yannis Seafood | 2490 Main Rd. | ||
Holiday License Renewals – Attached List
President Lambert asked for comments on the Holiday License Renewals; there were none at this time.
Councilor Pelletier made a motion, seconded by Councilor Roderick to approve the Holiday License Renewals as listed on C5, subject to meeting all legal requirements. Motion passed unanimously.
| HOLIDAY BUSINESS LICENSES DECEMBER 1, 2011 TO NOVEMBER 30, 2012 Renewals |
| |
| RAJ BHARTI INC D/B/A 177 VARIETY 1540 BULGARMARSH RD | ||
| AQUIDNECK FASTENERS INC. | LITTLE PURLS LTD 3952 MAIN RD | |
| MANCHESTERS TREE & LANDSCAPING 2970 MAIN RD | ||
| BRIDGEPORT SEAFOOD MARKET 2117 MAIN RD | THE METAL WORKS CORP. 3940 MAIN RD | |
| COASTAL COMPUTERS 438 MAIN RD. | MICHAEL'S FLORIST 137 MAIN ROAD | |
| MILK & HONEY BAZAAR INC. 3838 MAIN RD. | ||
| THE COTTAGE AT FOUR CORNERS 3847 MAIN RD | M & R FEED STORE INC 329 KING RD | |
| COUNTRY AUTO SALES & SERVICE INC 1230 STAFFORD RD | ||
| COURTYARDS LTD 3980 MAIN RD | RI YOGI RAJ LLC D/B/A NORTH TIVERTON NEWS 15 MAIN RD | |
| CROWS NEST FARM 467 EAST RD. | PHIL'S PROPANE INC 477 CRANDALL RD | |
| CUMBERLAND FARMS INC #1121 1860 MAIN RD | ||
| CVS PHARMACY INC. 1086 500 MAIN ROAD | ROSEBERRY-WINN POTTERY & TILE LLC 3842 MAIN RD | |
| DANIA FOODMART LLC. 861 MAIN ROAD | ||
| DON'S MARINE SALES & SERVICE INC 2503 MAIN RD | MAXI DRUG SOUTH LP D/B/A RITE AID #10235 677 MAIN RD | |
| EAST LAKE VARIETY INC 750 EAST RD | A. LATINVILLE, d/b/a RIVERSIDE MARINE 211 RIVERSIDE DRIVE | |
| EDS AUTO REPAIR 126 BEAR'S DEN RD | SANFORD AND SON LTD. 104 CYNTHIA AVE. | |
| SFS CORP D/B/A ELAINES COUNTY STORE 1204 FISH RD | STAFFORD AUTO SALES 1296 STAFFORD RD | |
| ENVY GYMNASTICS, INC. 935 MAIN ROAD | STANDISH BOATYARD INC 1697 MAIN RD | |
| GARY'S STREET & TRAIL | STEP BY STEP MART INC. 429 MAIN RD. | |
| SILK ROAD TRADERS AT GALLERY 4 3848 MAIN ROAD | SUPER STAR FITNESS d/b/a RONDEAU'S KICKBOXING | |
| GENERAL AUTO RECYCLING INC 384 KING RD | DARC INC. d/b/a THREE DUCKS CAR WASH 400 MAIN RD. | |
| GRAYS ICE CREAM INC 16 EAST RD | TIVERTON CONVENIENCE POINT INC. D/B/A STATE LINE TOBACCO | |
| HESS EXPRESS #39211 1308 STAFFORD RD. | TIVERTON AUTO PARTS 541 BULGARMARSH RD | |
| THE HOSE CONNECTION INC 25 WM S CANNING BLVD | TIVERTON SUN 497 MAIN RD | |
| PD HUMPHREY CO INC 590 MAIN RD | TOWNE MOTOR SALES 109 MAIN RD. | |
| ALAN J LAGASSE D/B/A LAGASSE SALVAGE YARD CORY'S LANE | VITI INC 975 FISH RD | |
| | WILLIAM S. SANFORD INC. 367 BULGARMARSH RD. | |
Street Excavator License Renewals – Attached List
President Lambert asked for comments on the Street Excavator License Renewals; there were none at this time.
Councilor Pelletier made a motion, seconded by Councilor Roderick to approve the Street Excavator License Renewals as listed on C6, subject to meeting all legal requirements. Motion passed unanimously.
2011-2012-STREET EXCAVATORS LICENSES DECEMBER 1, 2011-NOVEMBER 30, 2012
Spectra Energy Corp. d/b/a Algonquin Gas Transmission LLC, 8 Wilson Way, Westwood, MA 02090
Aquidneck Construction Inc., P.O. Box 177, Portsmouth, RI 02871
Camara Excavating LLC, 520 Fish Road, Tiverton, RI 02878
C.B. Utility Co., Inc., 99 Tupelo Street, Bristol, RI 02809
East Coast Landscaping & Construction, 202 Chase Road, Portsmouth, RI 02871
S. Oliveira Const. Corp., 217 Stafford Rd., Tiverton, RI, 02878
L.A.L. Construction, 145 Fifteenth St., Fall River, MA 02723
The Narragansett Electric Co., d/b/a National Grid, 477 Dexter St., Providence, RI 02907
Pro Construction Co., LLC, 1032 American Legion Highway, Westport, MA 02790
Entertainment License Renewals – Attached List
President Lambert asked for comments on the Entertainment License Renewals; there were none at this time.
Councilor Pelletier made a motion, seconded by Councilor Roderick to approve the Entertainment License Renewals as listed on C7, subject to meeting all legal requirements. Motion passed unanimously.
The list was as follows:
ENTERTAINMENT LICENSES RENEWALS DECEMBER 1, 2011-NOVEMBER 30, 2012
| Silva Brothers, Inc. d/b/a Barcello’s Family Restaurant | 1214 Stafford 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. |
| Everett Lane, Inc. d/b/a Family Ties Restaurant | 221 Main Road |
| Atlantic Sports Pub, Inc. | 70 Shove St. |
Flea Market License Renewal – 177 Flea Market, 1560 Bulgarmarsh Road
President Lambert asked for comments on the Flea Market License Renewal; there were none at this time.
Councilor Pelletier made a motion, seconded by Councilor Roderick to renew the Flea Market License for Rte. 177 Flea Market, 1560 Bulgarmarsh Road as listed on C8, subject to meeting all legal requirements. Motion passed unanimously.
Mobile Home-Park License Renewals – Attached List
President Lambert asked for comments on the Mobile Home Park License Renewals; there were none at this time.
Councilor Pelletier made a motion, seconded by Councilor Roderick to approve the Mobile Home Park License Renewals as listed on C9, subject to meeting all legal requirements. Motion passed unanimously.
TOWN OF TIVERTON MOBILE HOME PARK LICENSE RENEWALS 2011-2012
| Dadson Mobile Home Owners Association | Heritage Home Park Cooperative, Inc. |
| d/b/a Dadson Mobile Estates | 100 Heritage Park |
| 301 Bulgarmarsh Road | Tiverton, RI 02878 (37) Units |
| Tiverton, RI 02878 (102) Units | |
| | |
| Four Seasons Mobile Home Cooperative Association | Pachet Brook Park, Inc. |
| 225 Brayton Road P.O. Box 520 | 4502 Main Road |
| Tiverton, RI 02878 (20 Units) | Tiverton, RI 02878 |
| plus 18 Additional Units in Section 2 | (8) Units |
| (Granted 5/9/88) Total 38 Units | |
Petroleum Storage License Renewals – Attached List
President Lambert asked for comments on the Petroleum Storage License Renewals. Roger Bennis questioned Seaside Gas, Councilor Leonard pointed out they did not apply
Councilor Pelletier made a motion, seconded by Councilor Roderick to approve the Petroleum Storage License Renewals as listed on C10, subject to meeting all legal requirements. Motion passed unanimously.
The list was as follows:
PETROLEUM STORAGE LICENSE RENEWALS DECEMBER 1, 2011-NOVEMBER 30, 2012
| Dennis Motta D/B/A Danny’s Service Station | 99 Crandall Road |
| Amerada Hess Corp. (39211) | 1308 Stafford Rd. |
| Dania Foodmart Llc. Gas-Convenience | 861 Main Road |
| Ferrellgas Inc. | 896 Fish 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 |
| Darc Inc. D/B/A Three Duck’s Car Wash | 400 Main Road |
| Tiverton Marina D/B/A Standish Boatyard | 1697 Main Road |
| Tiverton Police Department | 20 Industrial Way |
| Tiverton Public Works Dept. | 50 Industrial Way |
Councilor Roderick recused at this time, resident of Countryview, left the Council table.
Manufactured Home Elderly Community License Renewal
Solicitor Teitz requested a continuance to November 28, 2011.
Councilor Leonard made a motion, seconded by Councilor Pelletier to continue the Manufactured Home Elderly Community License Renewal to November 28, 2011. Solicitor Teitz wanted to double check with the Planning Board on the surety release, the Attorney for Countryview will be present. The surety deals with various improvements, don’t anticipate a problem. Councilor Pelletier objected to leveraging resident’s homes and assets against the developer’s misdeeds. Solicitor Teitz pointed out in the past residents have come before the Council for pressure on the developer. As an age restricted community there are continuing requirements. The motion passed on a vote of 5-1, Councilor Pelletier opposed.
Councilor Roderick returned to the Council table at this time.
Councilor Coulter – Determine Process/Timing to Fill Budget Committee Vacancy
Councilor Coulter noted the Vacancy on the Budget Committee. The Town Clerk had placed two separate ads several weeks ago, one just for the Budget Committee vacancy, applications due November 9th and one for vacancies on Boards and Commissions, which included the Budget Committee, due November 16th. Interviews could be scheduled for November 28th and appoint at the December 12th meeting.
Councilor Lambert – Correspondence of Christopher Cotta Dated October 31, 2011
a. Letter from Mr. Cotta to Town Council Dated October 31, 2011
b. Letter from Susanne Greschner Chief Dept. of Municipal Finance to Mr. Cotta Dated October 26th
c. Letter From Mr. Cotta to Ms. Greschner at Division Municipal Finance Dated October 6, 2011
President Lambert discussed Correspondence of Christopher Cotta dated October 31, 2011, did not want any misunderstanding. There was a letter in the Newport Daily News published from Christopher Cotta; concluded ballot Question 2on FTR does not meet state required standards and requested Council take action. President Lambert spoke to Mr. Cotta, explained impossible for the Council to do anything, since his first correspondence was to the Daily News. Council did not receive the correspondence until the day after it appeared in the paper, was not sitting on the correspondence. Was mailed from Providence, received too late to take action, Town Clerk had postmarked envelope.
Councilor Nelson - Review FTR Process – Identify Key Points and Preparation
Councilor Nelson distributed a handout for the FTR process, some new concerns raised by the Budget Committee and the School Committee. The first step proposed is a joint meeting with the School Department and the Budget Committee, how will communication be handled. Councilor Coulter noted for the record the Budget Committee did not raise concerns, one individual raised concern. Councilor Nelson suggested the purpose for the joint meeting would be to go through different tasks. Councilor Coulter pointed out the meeting needs to be held before December 31st. Councilor Nelson was requesting an agenda listing with both bodies, noted Mr. Cotta raised the issue about notice, suggest by November 28th, with communication to all committees.
Training issues relative to the Board of Canvassers (BOC), the Council needs to understand their responsibilities. Town Clerk had met with Jeff Caron and Nancy Driggs, went over line by line for changes to the Charter to send to the General Assembly for January. A FTR schedule was also distributed; need to send to Budget and School Committees. The Board of Canvassers schedule is more challenging; a separate schedule will have to be integrated with the FTR schedule. Town Clerk plans to meet with BOC who holds their own authority, will contact State. Clerk will also have a Resolution for Council approval to send to legislators on the next Council agenda. Solicitor Teitz noted it would be ratification by the General Assembly of the Charter changes.
Councilor Nelson questioned what would happen with non-compliant voter resolutions. Solicitor Teitz noted the resolution has to be financial; noncompliance to tax cap handled after fact, still put on ballot even if it goes against State cap law.
Solicitor Teitz suggested coming up with a couple of dates in December for the joint meeting, listed December 5,7,14 and 19 as potential meeting dates. Solicitor Teitz noted for the record that Sally Black, Chair of the School Committee, in attendance at this meeting, would convey to the School Committee. Town Clerk to send out an email to the Budget Committee chair, meeting to be held at the High School library. Solicitor Teitz suggested the agenda be specific for two purposes, the three year financing and for the FTR Budget meeting schedule. Jeff Caron pointed out some of the No Later Than dates fall on weekends. Solicitor Teitz cited follows general court rule, first business day thereafter.
Councilor Leonard - Submission of Changes to Town Charter to General Assembly
Councilor Leonard discussed the Charter changes to the General Assembly, basically the Clerk does a lot of work, sends the documents to the State, and Solicitor will prepare a draft. Town Clerk agreed does take some effort immediately, will have for November 28th.
Councilor Lambert - Discussion of Process for Implementation of Charter Changes
This was discussed under Councilor Nelson’s agenda item, FTR Process.
1. The Photovoltaic Panel program has been cancelled lost funding partner.
2. Recreation looking at three DEM grants to refurbish the Town Farm tennis courts, the playground and for the New Soccer Complex.
3. The Escape Bridge in Portsmouth closed Nov. 4th, 50 years old, reopen spring of 2012.
Brief Update on Tiger Tree/James Pelletier v Tiverton
a. Inspection Report of DEM 11/3/2011
Solicitor Teitz gave a brief update on Tiger Tree/James Pelletier v Tiverton, Solid Waste Report from DEM did not indicate any changes, still continuing inspections, trying to depose Pelletier, repeatedly continued, refused any further requests, the Attorney filed a motion for Protection Order, will object and file for court fees. There is a meeting on December 17th on the criminal case with Judge Thunberg. Councilor Nelson questioned boat storage, the Solicitor noted there have been allegations, personal boats allowed.
Tiverton School Committee v. Town of Tiverton
a. Written Decision of Board of Regents
The written Decision of the Board of Regents was as expected; the Commissioner found in favor of the Tiverton School Committee.
b. Disclosure of Authorization for Supreme Court Appeal
A vote taken in Executive Session, ask to be made public, preparing to file a petition before Thanksgiving. Councilor Nelson pointed out the vote was unanimous. As far as the Fall River tuition, the School Committee may not segregate those funds in a separate account. The School Committee prevailed on the indemnification of $367,000. As for the Fall River tuition have not received yet. Solicitor Teitz did not want to take immediate action until the appeal period was over, the money should be in a proper escrow account. Councilor Coulter requested a full report.
Bay Street – EPA Notice of Potential Liability
The Environmental Protection Agency (EPA) sent a Notice of Potential Liability regarding Bay Street, not unexpected, request EPA assistance. One of the requirements is they provide notice to the Town, require a response in 10 days, we are willing to negotiate. The Town Solicitor responded, distributed copies of that letter.
DPW Director Berlucchi, as part of the Street Committee, found documentation that Bay Street belongs to the State of Rhode Island, accepted in 1931 by the State from Judson St. to the State Line.
Disclosure of Executive Session Settlement Votes
a. Jerome – Bud Way b. Raposa v. David Rober c. Miguel v. Tiverton
The Solicitor was making public a series of Settlement Votes taken in Executive Session, required to disclose to the public. President Lambert added the Town was settling on a case by case basis, Council approved to clean up, dispose. Solicitor Teitz pointed out the Town was not necessarily at fault, sometime costs more to litigate than settle.
Town Clerk, Nancy Mello, was compiling the cost of the Special Election for the next meeting with an update.
Solicitor – Litigation – 42-46-5(a) (2)
a. Bay Street Contamination – Bob Hoffman, Hoffman Engineering
b. Tiverton School Committee v. Town of Tiverton
Councilor Chabot – Litigation -42-46-5(a) (2) – Status Report on All Pending Litigation
Town Administrator – Collective Bargaining – 42-46-5(a) (2) – Teamsters
Councilor Chabot – Personnel – 42-46-5(a) (1) – Performance Evaluation of Town Administrator Notice Provided
Councilor Roderick made a motion, seconded by Councilor Leonard to enter into Executive Session pursuant to 42-46-5(a) (2) - Solicitor- Litigation, a) Bay Street Contamination – Bob Hoffman, Hoffman Engineering and b) Tiverton School Committee v. Town of Tiverton. Motion passed unanimously.
Councilor Roderick made a motion, seconded by Councilor Leonard to remain in Executive Session pursuant to 42-46-5(a) (2) - Litigation – Councilor Chabot – Status Report on All Pending Litigation. Motion passed unanimously.
Councilor Roderick made a motion, seconded by Councilor Leonard remaining in Executive Session pursuant to 42-46-5(a) (2) - Town Administrator – Collective Bargaining - Teamsters. Motion passed unanimously.
Councilor Roderick made a motion, seconded by Councilor Leonard and further remaining in Executive Session pursuant to 42-46-5(a) (1) – Councilor Chabot – Personnel – Performance Evaluation of Town Administrator Notice Provided . Motion passed unanimously.
Solicitor Teitz noted for the record Notice was provided in writing to the Town Administrator.
The Council entered into Executive Session at approximately 9:37 p.m.
The Council returned to Open Session at approximately 11:45 p.m.
In Open Session, President Lambert announced action had been taken in executive session regarding Bay Street litigation.
Councilor Roderick motioned to seal the minutes of Executive Session, seconded by Councilor Leonard. Motion passed unanimously.
Councilor Roderick motioned to adjourn. Seconded by Councilor Chabot, motion passed unanimously.
Council adjourned at approximately 11:50 p.m.
A True Copy. ATTEST: ______________________________Nancy L. Mello, Town Clerk