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 26th day of May 2015 A.D. at 7:00 p.m.
President deMedeiros opened the meeting with the Pledge of Allegiance to the Flag.
| Roll Call: | Denise M. deMedeiros - President | Jay J. Lambert | Peter A. Mello |
| | Joan B. Chabot – Vice President | Brett N. Pelletier | David Perry |
| | | Joseph R. Sousa | |
Town Administrator, Matthew Wojcik and Town Solicitor Stephanie Federico were also present.
Executive Session
Town Administrator - 42-46-5(a) (5) – Disposition of Real Property - Industrial Park Proposal
Councilor Lambert made a motion, seconded by Councilor Chabot to enter into Closed Executive Session pursuant to 42-46-5(a) (5) – Town Administrator– Disposition of Real Property - Industrial Park Proposal. On a roll call vote the motion passed unanimously.
The Council entered into Executive Session at approximately 7:02 p.m.
The Council returned from Executive Session at approximately 7:15 p.m.
In Open Session Councilor Pelletier made a motion to Approve the Purchase and Sale Agreement as amended with James Long for a number of parcels in the Industrial Park. Seconded by Councilor Sousa, passed unanimously.
Councilor Pelletier explained the agreement will be made available when the modifications made are amended to reflect the edits in Executive Session.
Item moved up in the Agenda.
Councilor Lambert made a motion, seconded by Councilor Chabot to move up section B, Public Hearings & Public Presentations before the Consent Agenda. Motion passed unanimously.
PUBLIC PRESENTATIONS
1. James Long - Presentation on Indoor/Outdoor Sport Complex at Industrial Park
President deMedeiros explained the Council just signed this agreement, requested Mr. Long give a brief overview. Mr. Long planned to build a 120,000 square foot indoor sports arena with fields for volleyball, soccer, hockey and basketball. Plan to team up with Ryan Amusements for a bouncy house, a formal restaurant, gym and fitness center and possible outside area for a walking trail. President deMedeiros explained the Council has been working with Mr. Long on this proposal for almost 2 years.
2. Blue Sphere Corporation, Charlotte, North Carolina Regarding Waste To Biogas Presentation
Gary Kuehl, Chief Acquisitions Officer began the presentation by explaining Blue Sphere Corporation is a public company, a clean energy company that generates electricity from organic waste. Have 2 projects in the States, one in Johnston. The company builds, owns and operates the sites. There is a market here for 250-300 mw anaerobic processors that emit biogas which is turned into electricity. Also produces a high quality fertilizer. It is a multiple revenue source, utilities by power based on a tipping fee. Heat and the compost by products can be sold; everything is totally consumed on the site. There are strong government incentives from Renewable Energy Credits (REC’S), subsidies and tax credits and financing. Propose a plant in Tiverton similar to the one being built in Johnston, an aerobic digester with 3.2mw power. Not a large job creator, more of a value generator, taxes approximately $200,000 per year. Estimate 30 truckloads of food waste per day coming to the plant. Mr. Kuehl invited all to the groundbreaking in Johnston on Thursday. Alex Massone, CEO of Austep, SpA of Milano, Italy is partnering with Blue Sphere and DiPrete Engineering for the development of this project. These are closed tanks where bacteria grow and foments, produces biogas and fertilizer for top soil.
Chris Duhamel, DiPrete Engineering, was awarded the task to investigate maximum build out for the Park, 66 lots, and 6,000 feet of roadway. Pre-permitting has been done, located wetlands, has 500k gallons of sewer flow, 200k gallons for water flow. This 8 acre proposal is located near the power plant. The sports complex is isolated away from the biogas plant. Would not affect further development of the Park. It is a zoned use, would work with DEM, Planning and Zoning to get the necessary permits. Administrator Wojcik noted any wind proposals are a no go. Mr. Duhamel expected a 10 month construction period, when questioned, explained the Energy Facility Siting Board did not apply to this project. Mr. Kuehl added they would contract with haulers and suppliers, more sophisticated than the usual trash pickup, all the haulers would be within RI. The power purchase agreement would be strong enough to support the economics of this site; tipping fees are much higher here.
At this time, 8:15 pm, President deMedeiros called for a five minute break. Councilor Lambert requested Mr. Long pass along any brochures to the Council.
Approval of Consent Agenda:
All items listed with “(CA) “are to be considered routine by the Town Council and will ordinarily 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 and the Town Council President permits, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.
President deMedeiros read the items on the Consent Agenda. Councilor Perry requested removal of items CA4 and CA6. Councilor Peter Mello requested removal of CA7, Councilor Chabot CA9.
Councilor Pelletier made a motion, seconded by Councilor Chabot to approve the Consent Agenda save those items. Motion passed unanimously.
The Consent Agenda was as follows:
A-1-Approval of Minutes of Previous Meetings:
a. Approval of Regular Town Council Meeting Minutes May 11, 2015
b. Approval of Executive Session Meeting Minutes May 11, 2015
c. Approval of Special Meeting Minutes May 4, 2015
d. Approval of Regular Town Council Meeting Minutes April 13, 2015
A-2-Receipt of Minutes from the Following Boards, Commissions:
a. Art’s Council
b. Open Space and Land Preservation Commission
c. Prevention Coalition
d. Zoning Board of Review
A-3-Correspondence – Receive and File:
a. Exeter-West Greenwich Regional School District Resolution Supporting Legislation on Gun Free Schools
b. Newport Gulls Baseball - Tiverton Little League Night – Monday, June 15th– Invitation to Councilors to Throw Out the First Pitch
c. Interlocal Trust Seminar Relative to OPEB Funding Program
A-5-Treasurer Denise Saurette – Revenue and Expense Reports for April 2015
A-8-Approval of Tax Assessor Abatements
A-10-Town Administrator - Council Authority to Sign the Participation Agreement with PRISM
CA4-Town Administrator’s Letter to Governor Raimondo Regarding Tiverton Stone Bridge Rehabilitation Project
Town Administrator Matthew Wojcik explained the Stone Bridge Rehabilitation Project has been delayed, just recently notified it will not start until next year. Due to the assurances that project was going to take place this year; the decision was made to close Grinnell’s beach. Will need to reconsider that decision.
Councilor Perry made a motion, seconded by Councilor Chabot to approve CA4. Motion passed unanimously.
CA6-Christopher Araujo, 62 Russell Drive – Request to Amend Parking Ban on North Side of Russell Drive – Referred to Police Chief
Councilor Perry explained Mr. Araujo was unable to attend, request this item be taken up on June 8. Town Clerk Nancy Mello noted Mr. Araujo wanted to speak on this matter; Chief Blakey has a copy of the request.
Councilor Perry made a motion, seconded by Councilor Chabot to approve item CA6. Motion passed unanimously.
CA7-Scheduling of Public Hearing on June 29th for Comprehensive Plan Amendments and Zoning Map and Text Amendments with Planning Board Recommendations Relative to Tiverton Crossings a/k/a Tiv. Glen as Submitted by Carpionato Group, LLC–(Plat 110-Lot102; Plat 301-Lot 220; Plat 301 Lot 221)
Councilor Peter Mello would not be able to attend June 29, requested the public hearing be scheduled for July 8. Town Clerk Mello explained, due to advertising deadlines cannot schedule for the middle of June, first available date was June 29. July 6 is being celebrated by the State as the July 4 holiday, can schedule for Tuesday, July 7 and Monday, July 20. Councilor Pelletier referencing item G4, possible action to appoint Special Counsel for the appeal to the Planning Board wanted to understand the schedule of appeals. Town Solicitor Federico explained, really are 3 items, the Planning Board decision of the Master Plan appeal to the Zoning Board, the Comprehensive Plan (Comp Plan) proposed amendments and the proposed Zoning Map and Text language. The amendments are for the land so they are dealt with as separate issues. The Comp Plan and Zoning map changes may affect future development as well. Solicitor Federico affirmed if the Carpionato plan does not work out then the Town would be prepared for someone else. Councilor Perry noted the Zoning Board would be tentatively scheduled to meet July 1.
Town Clerk Mello explained the public hearing would be at the High School. Councilor Lambert requested a clear understanding of the Council role for the Comp Plan and Zoning amendments, the criteria, like to understand the issues before moving on with this process. Solicitor Federico recommended a motion to combine item G4 with CA7 to discuss together.
Councilor Perry made a motion, seconded by Councilor Pelletier to combine item G4 with CA7. Motion passed on a vote of 6-0-1, Councilor Chabot abstained, was not at the Council table.
4. Councilor Perry – Discussion and Possible Action to Appoint Special Counsel for Appeal on the Planning Board Decision of 4/28/2015 Relating to Master Plan Application for Tiverton Crossings a/k/a Tiverton Glen as Submitted by Carpionato Group, LLC
Solicitor Federico explained there were 3 separate issues; the Master Plan approval for Carpionato in which the Planning Board approved with certain recommendations. The recommendations included the Comp Plan amendments and the Zoning Map language and amendments. Can take the amendments as a whole or make additional amendments. The Council will be making two separate decisions. The Master Plan application is separate; the Planning Board restrictions are specific to the land not the application. The Planning Board decision regarding the Master Plan has been appealed to the Zoning Board, depending on the Zoning Board decision that can be appealed to Superior Court and then Supreme Court. The two areas that sit directly with the Council are the Comp Plan amendments and the Zoning Map amendments. If the Council does not approve those amendments that part of the process ends. The Council does not have authority over the Master Plan. Councilor Lambert questioned if it would be a hearing de novo. Solicitor Federico explained all these are essentially recommendations, would be a hearing de novo. The Zoning Board has very specific things they have to look at. Attorney Ken McGonagle, representing Don’t Mall Tiverton read a brief statement requesting the Council postpone the public hearing until after the Zoning Board decision is made.
Solicitor Federico noted once the Zoning Board decided on the Master Plan if appealed, the appellate process could take 2-3 years. Solicitor Federico stood by earlier remarks, there are 3 separate issues. Questions arose about the Comp Plan timeline. Solicitor Federico explained the Comp Plan can be updated up to 4 times per year, the Planning Board is taking a comprehensive look at the entire Comp Plan. Kate Michaud, Planning Board Administrative Officer, explained the Comp Plan has to be submitted by June 2016, right now working on an extension from the State. Karen Browning, representing Carpionato agreed with the Solicitor, has taken 2 years to get to the Master Plan process and would like the process to continue without further delay. Councilor Pelletier agreed with having the public hearing on July 7, requested further clarification. Did not understand how the 3 items could be separated, the Zoning and Comp Plan amendments make the Master Plan permissible, probable. Solicitor Federico suggested looking at it as a mixed use development district, within which there are a lot of specificities, is really about the concept for this type of zoning. Councilor Pelletier respectfully disagreed, the Council would be hearing recommendations on Comp Plan and Zoning that would allow a particular development to exist. Solicitor Federico likened this to the Industrial Park; amendments were made in order for something in the future to exist. This is saying a mixed use development may exist, if Carpionato withdrew because of the appellate process, then some other developer could submit an application. Solicitor Federico noted some of the recommendations were initiated by Carpionato, many others initiated by the Planning Board separately. President deMedeiros requested a motion on the scheduling of the public hearing.
Councilor Pelletier made a motion, seconded by Councilor Sousa to approve CA7, instead of 6/29, have the first meeting as July 7. Town Clerk Mello suggested July 20 as well, like 2 dates when booking the high school. Councilor Pelletier amended the motion to have 2 meetings, July 7 and July 20. Seconded by Councilor Sousa passed unanimously.
Relative to G4, appointing a Special Counsel for the appeal of the Planning Board decision. T/A Wojcik offered one Board is sitting as a Board of Appeals for another Board; the Assistant Solicitor is the Counsel as Land Use attorney for Zoning and Planning. One option is to appoint Special Counsel to the Planning Board, leaving DeSisto as the attorney for advising all other boards. T/A Wojcik opined that DeSisto should be Special Counsel to the Zoning Board. Solicitor Federico noted in the past have maintained an advisory position, reached out to the Ethics Commission for an opinion. Suggested having Special Counsel for the Planning Board, Councilor Pelletier agreed would be easier to have Special Counsel represent them rather than jump around from board to board. T/A Wojcik reached out to labor Counsel Tim Cavazza, looking for someone with substantial experience. Preferred to bring the Council a couple of candidates. Councilor Pelletier suggested contacting Matt Oliverio who has served as Special Counsel for the Council in the past.
Councilor Perry made a motion, seconded by Councilor Sousa to table; continue this discussion to the June 8 meeting. Motion passed unanimously.
CA9-Tiverton Wastewater District – Distribution of Phase 1 Sewer Expansion Project Information Packet
Councilor Chabot noted the Tiverton Wastewater District (TWWD) held 3 public information sessions for residents in the Robert Gray Avenue and Riverside Drive areas. The timeline for voting, ballots will be mailed May 29, due back to the TWWD by June 12, results counted June 15.
Councilor Perry made a motion, seconded by Councilor Chabot to Approve CA9. Motion passed unanimously.
President deMedeiros suggested doing the public hearing next then take G3, Reconsideration of Fees for Summer Recreation Camp.
Councilor Pelletier made a motion, seconded by Councilor Perry to move up item G3, Reconsideration of Fee for Recreation Summer Camp under the heading of C to follow C4. Motion passed unanimously.
1. Riptides Sports Grille, Inc., 1 Bay Street, Tiverton, RI - Request Approval of BV (Full) Liquor License - Subject to Meeting All Legal Requirements
Cort Chappell, attorney for the applicant explained Bethany Shaker was the sole owner of Riptides requesting a victualling and BV liquor license. In September of last year under a misconception about the number of remaining liquor licenses available filed prematurely. The item was withdrawn without prejudice, this is a new filing. It is for the old Sea Breeze restaurant and lounge. Due to the issue of grandfathered rights for a pre-existing R30 requested a zoning certificate from the building official. Last time had a problem with the neighbors; this is a restaurant with a liquor license not a liquor establishment that serves food. Attorney Chappell handed out updated floor plans, no great structural changes, reminded the fire code is not grandfathered as a result reduced the size. Went to Department of Health (DOH), issued a letter of approval with a number of provisions. Went to Department of Environmental Management (DEM) for compliance of septic systems which determines the number of seats, 32 with 8 bar stools. At the last meeting the Fire Department (FD) had not reviewed the plans, just received a full set of plans, know that will be a condition precedent. The FD looks at the building, size and occupancy. Designed to make this a family oriented restaurant, basic menu lunches $6-9, entrees, $10-14. Police Chief Thomas Blakey at the previous meeting had a problem with the hours of operation. Ms. Shaker is requesting the restaurant be open until 11pm. The second aspect of this is the liquor license; the Council has to find Ms. Shaker is a suitable person to hold a license. There were allegations in Fall River that Ms. Shaker was involved in the sale of drugs, was found not guilty, never pleaded no lo. Never found guilty of a misdemeanor or a felony. Have letters of recommendation from people in Fall River, neighbors and business owners. Would do any conditions that are reasonable including those from DOH, DEM and the Fire Department.
Solicitor Federico was concerned with the number of seats, the plan before the Council calls for 88 seats, far more than indicated. Attorney Chappell opined all restaurants are bound by DEM seating which comes from a septic plan, FD does based on occupancy, according to the applicant’s expert had to fill the number of vacant spots. The applicant is not requesting more than 32 seats with 8 bar stools. Councilor Pelletier noted for every 4 seats must have one parking space. Attorney Chappell disagreed, if this was new it would be different, this is a pre-existing non-conforming use. Councilor Pelletier questioned if the previous use was for an 88 seat restaurant and bar. Fire Chief, Robert Lloyd took exception regarding receipt of the plans, did not receive them until this morning, these plans indicate International Building Code, not RI Fire Code. To say DEM determines occupancy is not right. Chief Lloyd did not recommend approval of either license, plans not reviewed, do not have enough information, have to look at it as a building under construction. Police Chief Blakey heard concerns from the neighbors regarding noise, was concerned about the late hour suggests closing at 10pm. Parking is also an issue.
President deMedeiros opened for comments to the public. Francis Correira lives across the street, only 6 parking spots on State Avenue, estimate parking for 16 cars. No objection to Ms. Shaker getting the licenses, problem is noise and litter of beer bottles. Paul Terceiro, Bay St., had issues with parking, noise. Carlos Amaral, Foote Street, a one-way street, is not a parking area, also concerned with noise. President deMedeiros called for comment from the public three times, hearing none closed the public hearing. Solicitor Federico recommended continuance for two reasons- to allow the Fire Chief time to review the plans just submitted and for the plan that is moving forward from a seating and parking perspective, the Council has to know the capacity. Requests the applicant clarify the plans. Councilor Pelletier questioned if construction work was going on had a letter from the Building Official that said no permits have been pulled. Council needs to know if they are voting on a 40 seat, 88 seats or potentially 256 seat restaurant.
Councilor Pelletier made a motion to continue this matter until a time there is a formal recommendation from the Fire Chief and a formal recommendation from the Building Official. Chief Lloyd needed at least 14 days, Councilor Pelletier‘s motion included continuing this to June 22 without readvertising. Seconded by Councilor Perry passed unanimously.
Attorney Chappell questioned if the public hearing was closed except for the Fire Department remarks. Chief Lloyd explained the plans would be reviewed by the FD, once approved they get forwarded to the Building Official. President deMedeiros noted if that was not ready by June 22 can continue further.
2. Riptides Sports Grille, Inc., 1 Bay Street, Tiverton, RI - Request Approval of Victualling License - Subject to Meeting All Legal Requirements
Councilor Pelletier made a motion, seconded by Councilor Perry to postpone the request from Riptides for a Victualling License to June 22. Motion passed unanimously.
3. David Kirchner, LLC – Locavore, 468 West DeMello Drive, Tiverton – Request Approval of Peddler’s and Hawker’s Licenses – Subject to Meeting All Legal Requirements
Chief Lloyd noted the Fire Marshall recommends Fire Extinguisher be added to the vehicle.
Councilor Pelletier made a motion, seconded by Councilor Chabot to Approve a Hawker’s License for Fogland Beach and a Peddler’s License for Davie Kirchner, LLC-Locavore, 468 West DeMello Drive subject to meeting all legal approvals including the final sign off from the Fire Marshall and the certificate of insurance and a contract for the Hawker’s License. Motion passed unanimously.
4. Osprey Sea Kayak Adventures, Inc. d/b/a Osprey Sea and Surf Adventures, 489 Old County Road – Requesting Approval of Recreation Equipment Rental License – Subject to Meeting All Legal Requirements
President deMedeiros called for anyone speaking on this license, the applicant was not in attendance.
Councilor Pelletier motioned, seconded by Councilor Chabot to Approve the Recreation Equipment Rental License for Osprey Sea Kayak Adventures, Inc. d/b/a Osprey Sea and Surf Adventures, 489 Old County Road subject to meeting all legal requirements and a contract signed with the Town of Tiverton. Motion passed unanimously.
G3-Councilor Denise deMedeiros – Reconsideration of Fee for Recreation Summer Camp
President deMedeiros has received several calls regarding the $100 weekly rate, seems to out price the residents, only 12 have signed up, participation in the past has been well over 90. Concerned this is not serving the Town. Lengthy discussion on this issue followed. Recreation Chair, Susan Gill explained the Recreation department works under the guidance and direction of the Town Administrator, tasked with making the program more cost efficient and level funded. Opined the Town maybe should not be a rec program any more. Ms. Gill handed out a sheet with rec program prices from 2013-2015 and some local comparable rates. President deMedeiros pointed out the cost in 2014 was $75 compared to $700 for 2015. Enrollment in 2013 was 70, in 2014 it was 60. Ms. Gill noted not a lot have signed up for any of the programs compared to last year, suggested tabling because only 12 have signed up for this year. Given the budget constraints just trying to make ends meet. T/A Wojcik explained the Town in the past has been entirely subsidizing this program. Would take the money to reopen Grinnell’s , suggested having another sign up date with the lower price to see if participation increases. Ms. Gill did not know if she would still have a program director. President deMedeiros suggested lowering the price or canceling altogether. Ms. Gill pointed out still have the sports camps run be independent contractors. Several residents complained about the fees, questioned what those fees included. Should have an earlier starting time, does need reconsideration. Not looking for day care, looking for activities to keep them busy.
Most understood some kind of price increase but this was too much, was reasonable in the past. Councilor Lambert explained have to spend within the limits of the budget. Ms. Gill noted another sign up was planned for June 6. President deMedeiros suggested going back to the board for another recommendation. Councilor Sousa questioned why the Town doesn’t use high school kids who need community service credits, suggested better coordination. Administrator Wojcik explained this is a subsidy where the Town provides a service to the people, affects the most vulnerable. May have to think about this at some point in the future. Councilor Perry suggested taking up again as part of the fee schedule. T/A Wojcik suggested setting a $50 fee, get the word out as much as possible to see how many sign up.
Councilor deMedeiros made a motion, seconded by Councilor Perry to Reconsider the Vote. Motion passed on a vote of 6-1, Councilor Pelletier opposed.
Councilor Perry made a motion to decrease the fee to $50/week, $25 for additional siblings. The motion, seconded by Councilor Sousa failed on a vote of 3-4, Councilors Peter Mello, deMedeiros, Chabot and Pelletier opposed.
Councilor deMedeiros made a motion, seconded by Councilor P. Mello to make the fee $200 for the entire 7 weeks. Motion failed on a vote of 3-4, Councilors Sousa, Perry, Chabot and Pelletier opposed.
1. Appointments – Group A
a. Arts Council–2 Vacancies–2 Year Term to 4/15/2017-James Pelletier, 104 Bonniefield Drive–New Request
Mr. Pelletier was aware of a lack of a quorum for this committee, was always interested in the arts.
Councilor Chabot made a motion, seconded by Councilor Pelletier to Appoint James Pelletier, 104 Bonniefield Drive to a 2 year term to the Arts Council for a 2 year term to 4/15//2017. Motion passed unanimously.
b. Cemetery Commission – 2- Vacancies - 3 Year Term to 4/15/2018 -Robert Vieira, 90 Grinnell Avenue – Seeking Re-Appointment
Mr. Vieira was unable to attend this meeting.
Councilor Chabot made a motion, seconded by Councilor Pelletier to Reappoint Robert Vieira, 90 Grinnell Avenue to the Cemetery Commission for a 3 year term to 4/15/2018. Motion passed unanimously.
c. Cemetery Commission – 2 Vacancies - 3 Year Term to 4/15/2018 - Joseph C. Perry, Jr., 133 East Bourne Avenue - New Request
Mr. Perry left the meeting earlier due to the late hour, had spoken with Councilor Perry previously.
Councilor Perry made a motion, seconded by Councilor Pelletier to Appoint Joseph C. Perry, Jr., 133 East Bourne Avenue to the Cemetery Commission for a 3 year term to 4/15/2018. Motion passed unanimously.
d. Historical Cemeteries Commission - 3 Vacancies – 3 Year Terms to 4/15/2018 - James L. Spears, Jr., 494 West DeMello Drive - Seeking Re-Appointment
Mr. Spears was unable to attend this meeting.
Councilor Chabot made a motion, seconded by Councilor Perry to Reappoint James L. Spears, Jr., 494 West DeMello Drive to the Historical Cemeteries Commission for a 3 year term to 4/15/2018. Motion passed unanimously.
2. Appointments – Group B
e. Zoning Board of Review – One Vacancy – 5 Year Term to 7/15/2020
1. Richard Taylor, 309 Holly Circle – Seeking Re-Appointment
Town Clerk Mello explained this was premature, have not advertised for this group, have spoken to Mr. Taylor and Mr. Alzaibak, this will be taken up at the second meeting in June, by the Boards and Commissions policy has to be advertised. President deMedeiros asked both if they wanted to speak since they waited this long. Councilor Lambert questioned if Mr. Alzaibak would be going for first alternate. Town Clerk Mello explained both the alternate positions will come up.
Mr. Taylor has been on the Zoning Board for 12 years, was a member of the committee that drafted the first Comp Plan.
f. Zoning Board of Review – 2nd Alternate – One Vacancy - 1 Year Term to July 15, 2016
1. George Alzaibak, 63 Stoney Hollow Road – Seeking Re-Appointment
Mr. Alzaibak, in attendance earlier, will be at the June 22 meeting.
3. Appointments -Group C
g. Juvenile Hearing Board - 2 - Vacancies – 3Year Term to 10/15/2018
1. Patrick Meyers, 211 Judson Street – Seeking Re-Appointment
Town Clerk Mello explained by October the cycle of reappointments will have been completed. Some of the terms end June 30, 2015. Councilor Perry sat with the Clerk for a better understanding, noted Group A terms end in April, Group B in July and Group C in October.
Councilor Perry made a motion, seconded by Councilor Lambert to Reappoint Patrick Meyers, 211 Judson Street to the Juvenile Hearing Board for a 3 year term to 10/15/2018. Motion passed unanimously.
h. Historic Preservation Advisory Board – One Vacancy – 3 Year Term to 10/15/18
1. Rachel Elder, 364 Highland Road – Seeking Re-Appointment
Ms. Elder was not in attendance.
Councilor Perry made a motion, seconded by Councilor Pelletier to Reappoint Rachel Elder, 364 Highland Road to the Historic Preservation Advisory Board for a 3 year term to 10/15/18. Motion passed unanimously.
i. Street Advisory Committee – Three Vacancies– 2 Year Terms to 4/15/17
1. Audrey Gloddy, 195 Crandall Road – Seeking Re-Appointment
Ms. Gloddy was unable to attend this meeting.
Councilor Chabot made a motion, seconded by Councilor Sousa to Reappoint Audrey Gloddy to the Street Advisory Committee to a 2 year term to 4/15/17. Motion passed unanimously.
2. Jim O’Dell, 130 Warren Ave. – Seeking Re-Appointment
Mr. O’Dell requested reappointment, wanted to be part of the solution to the Street classification problem. According to Mr. O’Dell, Councilor Lambert had a plan regarding the unaccepted street issues.
Councilor Chabot made a motion, seconded by Councilor Sousa to Reappoint Jim O’Dell, 130 Warren Ave., to the Street Advisory Committee for a 2 year term to 4/15/17. The motion failed on a vote of 3-3-1, Councilors Sousa, P. Mello and Chabot in favor, Councilors Perry, deMedeiros and Pelletier against, Councilor Lambert abstained.
Councilor Lambert believed the Street Advisory Committee should be made inactive. The Town would be under a financial obligation to bring the streets to accepted standards, don’t have the money. Need to have a plan as to where the Town will come up with the money. President deMedeiros suggested putting this on a future agenda.
1. Kate Michaud, Planning Board Administrative Officer – Memorandum Regarding Town Council Referrals for Council Action:
a. Outdoor Events and Accessory Events
b. Article X, Section 1.e Shared Parking
Planning Board Memorandum Dated May 14, 2015 – Advisory Opinion
Planning Board Chair Memorandum Dated May 20, 2015 – Request for Continuance
c. Environmental Review Statement Requirements in Watershed Protection Overlay Zone
d. Zoning Ordinance Article VII, Section 4 & 5 Regarding Authorization of Simultaneous Variance and Special Use Permit
e. Zoning Ordinance Article XV. Zoning Board of Review Section 5. Procedure for Special Use Permits and Variances
Town Planner, Marc Rousseau requested continuance, Ms. Michaud left due to the late hour. Looking to have more complete information for the next meeting.
Councilor Perry made a motion, seconded by Councilor Sousa to continue item E1, Kate Michaud, Planning Board Administrative Officer – Memorandum Regarding Town Council Referrals for Council Action to the next meeting. Motion passed unanimously.
E-2Town Administrator – Request Approval of Easement to the City of Fall River Regarding Sewer Project in Hancock Street Area, Approaching South Watuppa Pond
Administrator Wojcik explained DPW Director Berlucchi, in defense of the Town requested language the streets will be refreshed from curb to curb. This is no different than with any other utility agreement under the DPW street excavator permit. Require this all the time, the Town needs a mechanism to make sure Fall River paves curb to curb, request this language be in the contract. Would like in the form of bond security. Solicitor Federico received an oral commitment, will have for the next agenda. Affirmed Town residents would be able to tie in to the sewer.
Councilor Chabot made a motion, seconded by Councilor Perry to continue item E2 Approval of Easement to the City of Fall River Regarding Sewer Project in Hancock Street Area, Approaching South Watuppa Pond to the next meeting. Motion passed unanimously.
There were no items for Financial Business on this agenda.
1. Chief Lloyd – Request to Purchase a Used 2001 Chevy Tahoe From Dartmouth Fire District #1 for Our Fire Prevention Office for $3,500 From Account 3310-7640
Chief Lloyd explained, need a car for the Fire Marshal, will take out of the Apparatus Maintenance account which has a balance of $19,109. Councilor Sousa suggested using police cars that have been taken out of service. Chief Blakey noted several have been decommissioned; do not recommend using as emergency vehicles. Councilor Sousa requested a list of how many cars were available. Councilor Perry suggested getting something newer than a 2001. T/A Wojcik explained several accounts had been frozen to make up the overtime deficit, this was one of them.
Councilor Pelletier made a motion, seconded by Councilor Chabot to Authorize Chief Lloyd to Purchase
a Used 2001 Chevy Tahoe From Dartmouth Fire District #1 for Our Fire Prevention Office for $3,500 From Account 3310-7640. Motion passed on a vote of 6-1, Councilor Sousa opposed.
2. Chief Lloyd – Request Approval for Sole Source Purchase of Scott Air Packs, Fire Fighting Air Bottles and Scott Facepieces From Shipman’s Fire Equipment of Waterford, Ct.
Chief Lloyd appeared last meeting, called Scott Aviation, they are a sole source, cannot get any other type of air packs and bottles, only 2 vendors handle this type. Solicitor Federico noted because of the trademark this can be considered a sole source vendor.
Councilor Pelletier made a motion, seconded by Councilor Chabot to Authorize the Sole Source Purchase of Scott Air Packs, Fire Fighting Air Bottles and Scott Facepieces from Shipman’s Fire Equipment of Waterford, Ct. Motion passed unanimously.
5. Councilor Sousa –Discussion and Possible Vote to Go to Bid for Replacement of Windows at the Senior Center
Councilor Sousa referred to a list given to the Council on January 22, a list of what is needed for all the Town buildings. Did not see a septic system replacement on that list, opined priority this year should be windows. Plan to go out to bid. T/A Wojcik explained, list not definitive, need to prioritize. Have until 2020 to rectify any sewer issues. More discussion followed on the septic system, Solicitor Federico noted the need to stop this discussion, way off topic from the windows.
Councilor Sousa made a motion to go out to Bid for Windows at the Senior Center. Seconded by Councilor Pelletier for discussion. Councilor Perry did not know about next year’s budget, should not go out to bid. Councilor Pelletier preferred to know the scope of work only had an agenda request. Councilor Perry moved the vote, motion failed on a vote of 1-6, Councilors Perry, P. Mello, Lambert, deMedeiros, Chabot and Pelletier against.
Councilor Pelletier made a motion, seconded by Councilor Chabot to refer the matter to the Town Administrator’s discretion to come back with a formal proposal. Motion passed unanimously.
1. Recreation Commission – Request to Award Food and Beverage Vendor Services to David Kirchner, LLC – Locavore, 468 West DeMello Drive, Tiverton
Mr. Kirchner was approved for a Peddler’s and Hawker’s license earlier in the agenda.
Councilor Pelletier made a motion, seconded by Councilor Chabot to Award Food and Beverage Vendor Services to David Kirchner, LLC – Locavore, 468 West DeMello Drive, Tiverton. T/A Wojcik noted this was the only respondent, should allow him to try. Councilor Pelletier amended the motion to be subject to providing an insurance certificate. Seconded by Councilor Chabot passed unanimously.
2. DPW Director Stephen Berlucchi –Request Award of Bids Per Attached Listing
a. Bituminous Concrete Paving to Low Bidder P.J. Keating Company, 998 Reservoir Rd, Lunenburg, MA for $166,750 – Per Attached Listing
b. Road Materials to Low Bidder L.B. Corp. d/b/a Tiverton Materials, 810 Fish Rd Per Attached Listing
c. Road Materials to Low Bidder LAL Construction Co, Fall River, MA for Bank Run Gravel Per Attached Listing
d. High Density Polyethylene Pipe (HDPE) to Low Bidder E.J. Prescott, Inc., Lincoln, RI for $10,466.09 Per Attached Listing
e. Concrete Block Catch Basin Structures to Low Bidder Hi-Way Concrete Pro. Co., Inc. Wareham, MA at $3,245.30 Per Attached Listing
f. Catch Basin Frames and Grates to Low Bidder Warwick Winwater, Warwick, RI as Per Attached Listing
g. Unleaded Gasoline and Clear Ultra Diesel Fuel to Low and Only Bidder Santa Buckley Energy, Inc., Bridgeport Ct. at a Price of $2.5074 Gasoline and $2.5551 Diesel
h. Daily Landfill Cover to Low Bidder LAL Construction Co., Inc., Fall River, Ma at $5.50 Per Ton
i. Crack Sealing to Low Bidder Sealcoating, Inc., Braintree, Ma for $0.27 Per Lineal Foot
j. Line Painting to Low Bidder Hi-Way Safety systems, Inc., Rockland, MA at $.0384 Per Lineal Foot
k. Uniform Rental Services (DPW, Police Mechanic) to Low Bidder Unifirst Corp, Warwick, RI for 3 Year Contract Totaling $12,564.24
Solicitor Federico suggested reading the list of items onto the record, then make as one motion. Councilor Perry objected to awarding any bid to LAL Construction, Town is in litigation against them.
Councilor Perry made a motion, seconded by Councilor P. Mello to Reject in item H2, items c and h bids from LAL Construction. Motion failed on a vote of 3-4, Councilors Perry, P. Mello and deMedeiros in favor, Councilors Sousa, Lambert, Chabot and Pelletier opposed.
Councilor Pelletier made a motion, seconded by Councilor Chabot to Approve the Award of Bid as per attached and as read by President deMedeiros. Motion passed on a vote of 4-3, Councilors Sousa, Lambert, Chabot and Pelletier in favor, Councilors Sousa, P. Mello and deMedeiros opposed.
Listing for Agenda Item H-2 a-k
1. Bituminous Concrete Paving
Award to the low bidder at the estimated amount of $166,750.00 to P.J. Keating Company, 998 Reservoir Road, Lunenburg, MA 01462 (978) 582-5200
1-A Class I-1 Bituminous Concrete (Surface Course) complete in place, including integral Cape Cod berm, machine laid on roadways at $73.00 per ton X 1,000 ton = $73,000.
1-B Class I-2 Bituminous Concrete (Surface Course) complete in place, hand laid on driveways, approaches, sidewalks, etc. at $90.00 per ton X 100 ton = $9,000.
1-C Bituminous concrete (Binder Course) complete in place, machine laid on roadways at $70.00 per ton X 1000 ton = $70,000.
1-D Bituminous Concrete (Berm Mix) complete in place, (when placed by machine separate from paving operations) berms or curbs at $150.00 per ton X 10 ton = $1,500.
1-E Supplying and Applying Liquid Asphalt per sq. yard for RS-1 or CRS-1, 0.01 per sq. yd. X 5,00 sq. yd. = $50.
1-F Drainage Structures Rebuilt = Vertical Foot
$50.00 per vertical foot x 30vf = $1,500.
1-G Drainage Structure Adjustment when change is 6” or less = Unit Each
$220.00 per each unit X 25 structures = $5,500.
1-H Sanitary Structures Adjustment = Unit Each
$220.00 per each unit X 10 structures = $2,200.
1-I Cutting pavements, pavement removal, clean up, and joint coating $1.00 per linear foot X 500 feet = $500.
1-J Removing Bituminous Pavement by Cold Planing
$3.50 per sq. yd. X 1000 sq. yds. = $3,500.
2. Road Materials
Award to the low bidder L.B. Corp. d/b/a Tiverton Materials, 810 Fish Road, Tiverton, RI 02878, (401) 625-1132
| Washed Sand (per ton) | Based on 1 ton at Plant $16.00 |
| | Based on 3,000 ton Delivered $17.00 |
| Washed ¾” Stone (per ton) | Based on 1 ton at Plant $10.00 |
| | Based on 100 ton Delivered $11.00 |
| Washed 1 ½” Stone (per ton) | Based on 1 ton at Plant $10.00 |
| | Based on 100 ton Delivered $11.00 |
| Washed Pea Stone (per ton) | Based on 1 ton at Plant $10.00 |
| | Based on 35 ton Delivered $11.00 |
| Crushed Bank Gravel (per ton) | Based on 1 ton at Plant $8.00 |
| ¾” minus | Based on 200 ton Delivered $9.00 |
| Crushed Bank Gravel (per ton) | Based on 1 ton at Plant $8.00 |
| 1 ½” minus | Based on 100 ton Delivered $9.00 |
| Loam (screened per ton) | Based on 1 ton at Plant $10.00 |
| | Based on 700 ton Delivered $11.00 |
| Rip Rap 3” – 4” (per ton) | At Plant $10.00 |
| | Delivered $11.00 |
| Rip Rap 6” – 8” (per ton) | At Plant $10.00 |
| | Delivered $11.00 |
Award to the low bidder LAL Construction Co., Inc., P.O. Box 1349, Fall River, MA 02722, (508) 676-3962
| Bank Run Gravel (per ton) | Based on 1 ton at Plant $8.75 |
| 3”minus | Based on 50 ton Delivered $10.75 |
3. High Density Polyethylene Pipe (HDPE)
Award to the low bidder in the amount of $10,466.09 to E.J. Prescott, Inc., 38 Albion Rd, Lincoln, RI 02865, (401) 333-1317
| HDPE | Quantity Unit Cost per Lineal Foot Delivered |
| Smooth Bore Pipe | Corrugated (Solid or Perforated) |
| 12” x 300lf | $5.43 = $1,629.00 |
| 15” x 200lf | $7.25 = $1,450.00 |
| 18” x 100lf | $10.91 = $1,091.00 |
| 24” x 100lf | $17.18 = $1,718.00 |
| 30” x 100lf | $24.69 = $2,469.00 |
| HDPE | Unit Cost for Each |
| Collars and Ties (additional) | Delivered |
| 12” x 5 ea x | $6.07 = $30.35 |
| 15” x 3 ea x | $10.11 = $30.33 |
| 18” x 2 ea x | $17.22 = $34.44 |
| HDPE | Unit Cost for Each |
| (Corrugated) | |
| Flared Ends | Delivered |
| 12” x 1 ea x | $95.70 = $95.70 |
| 15” x 1 ea x | $95.70 = $95.70 |
| 18” x 1 ea x | $128.57 = $128.57 |
| 24” x 2 ea x | $165.00 = $330.00 |
| 30” x 2 ea x | $384.00 = $768.00 |
| HDPE | Unit Cost for Each |
| Delivered (Corrugated) | |
| Tubing in Rolls | |
| 4” x 200 lf x | $.54 = $108.00 |
| 6” x 400 lf x | $1.22 = $488.00 |
4. Concrete Block Catch Basin Structures
Award to low bidder Hi-Way Concrete Pro. Co., Inc., 2746 Cranberry Hwy., Wareham, MA 02571, (508-295-0834)
Based on 10 structures delivered as needed to Town of Tiverton DPW
Minimum delivery will be five (5) catch basins per load
$324.53 per structure x 10 = $3,245.30
5. Catch Basin Frames and Grates
Award to low bidder Warwick Winwater, 62 Wyoming Ave., Warwick, RI 02888, (401) 732-5151
Based on Catch Basin Frames 8” in Height
| 5-A | $202.00 | per frame (3 Flange) x 5 = $1,010.00 |
| 5-B | $214.00 | per frame (4 Flange) x 5 = $1,070.00 |
Based on Catch Basin Frames 4” in Height
| 5-C | $110.00 | per frame (3 Flange) x 2 = $220.00 |
| 5-D | $118.00 | per frame (4 Flange) x 2 = $236.00 |
Catch basin grates shall be of the R.I. Standard 5.17 Bicycle Safe type and shall have a minimum weight of 215 pounds.
| 5-E | $163.00 | per grate x 5 = $815.00 |
Catch basin grates shall be of the R.I. Standard-Off set Cascade type and shall have a minimum weight of 215 pounds.
| 5-F | $186.00 | per grate x 5 = $930.00 |
6. Unleaded Gasoline and Clear Ultra Diesel Fuel
Award to low and only bidder on 5/1/15 price of $2.5074 gasoline and $2.5551 diesel, Santa Buckley Energy, Inc., 154 Admiral St., Bridgeport, CT 06605, (203) 336-3541
7. Daily Landfill Cover
Award to low bidder LAL Construction Co., Inc., P.O. Box 1349, Fall River, MA 02722, (508) 676-3962
Daily Landfill Cover for an estimated quantity of 15,000 ton at bid price of $5.50 per ton
8. Crack Sealing
Award to low bidder Sealcoating, Inc., 825 Granite St., Braintree, MA 02184, (781) 428-3400
Crack Sealing for an estimated quantity of 16,00 lineal feet at bid price of $0.27 per lineal foot
9. Line Painting
Award to low bidder Hi-Way Safety Systems, Inc., 9 Rockview Way, Rockland, MA 02370, (781) 982-9229
Line Painting for an estimated quantity of 100,000 lineal feet at a bid price of $.0384 per lineal foot
10. Uniform Rental Service (DPW, Police Mechanic)
Award to low bidder Unifirst Corporation, 33 Lambert Lind Hwy, Warwick, RI 02886, (401) 737-7290
Total annual rental service year one $3,991.00, year two $4,188.08, year three $4,385.16.
Total 3-YR uniform rental service $12,564.24.
3. DPW Director Stephen Berlucchi – Request to Advertise to Purchase or to Award Contract to Purchase New Roadway Sweeper to MHQ for $228,684
Director Berlucchi explained the new budget includes the purchase of a new sweeper, have 50% grant match from DEM. There is only one distributor, MHQ, for the Elgin Pelican sweeper. Looking to expedite the purchase from MHQ which runs a bidding process, estimate a 10-14 week time for delivery. Solicitor Federico affirmed the Council could approve. Director Berlucchi anticipated 5 year financing, Councilor Pelletier estimated $45k per year. If the Council does not approve Director Berlucchi requested permission to advertise. Chief Blakey noted MHQ is on the MA State bid list.
Councilor Pelletier made a motion, seconded by Councilor Chabot to Authorize the Purchase New Roadway Sweeper to MHQ for $228,684 subject to the attached listing and proper financing reviewed by the Town Administrator. Motion passed on a vote of 6-1, Councilor P. Mello opposed.
There were no sign ups for the Open Forum.
Administrator Wojcik explained the sprinkler system designed for the New Library was approved for a building of that size. There is insufficient water pressure going through the pipes to power that system will require a fire pump. The soft opening has been delayed; the mechanical room is large enough to accommodate a generator for the fire pump, takes about 3 weeks. That mistake was made by their engineers and the fire suppression company, it is on them to fix at their expense. Will provide Fire Department support for the soft opening. Pulled the certificate of occupancy on that building, did not record the deed. The Council had previously taken a formal vote to accept the new library. It was a 120 section system that was in the plans, know what to look for. Have a meeting with all the inspectors to go over that process. President deMedeiros noted there was an occupancy permit for the gala. T/A Wojcik will be discussing with Chief Lloyd water district pressure.
Councilor Chabot announced this is the last week for contest submissions for Where in Tiverton. Winners drawn at Arts Council meeting June 1, 10am at the Town Hall. Prizes will be awarded for local restaurants and Arruda’s Dairy. For July –August the Arts Council will be featuring pets, requesting pet pictures, painting, stories etc. for the reception. There will also be a Dash Hound Dash at the reception, details to follow. Councilor Pelletier read a list of vacancies on boards and commissions. Town Clerk will be advertising for Group C, reappointment requests should be returned by June 15.
There were no Solicitor items.
Town Clerk Mello was not in attendance at the 3/27 meeting where Trish Hilton proposed an amendment to the sign ordinance. The motion was for the Clerk to schedule a public hearing for 6/22. Not enough time to advertise, suggest for 7/7 depending on the advertising being received.
1. Town Administrator – 42-46-5(a) (5) – Disposition of Real Property - Industrial Park Proposals
2. Town Administrator – 42-46-5(a) (2) – Collective Bargaining IBPO
3. Town Solicitor – 42-46-5(a) (2) – Litigation – Solicitor’s Review of Pending Lawsuits
Councilor Lambert made a motion, seconded by Councilor Chabot to enter into Closed Executive Session pursuant to 42-46-5(a) (5) – Disposition of Real Property - Industrial Park Proposals. Motion passed unanimously on a roll call vote.
Councilor Lambert made a motion, seconded by Councilor Chabot to stay in Closed Executive Session pursuant to 42-46-5(a) (2) – Collective Bargaining IBPO. On a roll call vote the motion passed on a vote of 6-0-1, Councilor Pelletier abstained, related to a police officer.
Councilor Lambert made a motion, seconded by Councilor Chabot to stay in Closed Executive Session pursuant to 42-46-5(a) (2) – Litigation – Solicitor’s Review of Pending Lawsuits. Motion passed unanimously on a roll call vote.
The Council entered into Executive Session at approximately 12:05 a.m.
The Council returned to Open Session at approximately 12:50 a.m.
In open Session President deMedeiros announced no formal action was taken in Closed Executive Session
Councilor Chabot motioned to seal the minutes of the Closed Executive Sessions. Seconded by Councilor Mello, motion passed unanimously.
Councilor Chabot motioned to adjourn, seconded by Councilor Mello, passed unanimously. Council adjourned at approximately 12:55 a.m.
A True Copy.
ATTEST: _______________________________ Nancy L. Mello, Town Clerk