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 2016 A.D. at 7:0 0 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 - Absent |
| | Joan B. Chabot – Vice President | Brett N. Pelletier | David Perry |
| | Joseph R. Sousa - Absent | | |
Town Administrator, Matthew Wojcik and Town Solicitor Anthony DeSisto were also present.
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 Pelletier requested removal of item CA3, DEM Notice of Public Hearing.
Councilor Perry made a motion to Approve the rest of the Consent Agenda except for CA3. The motion, seconded by Councilor Lambert passed unanimously.
The Consent Agenda was as follows:
A-1-Approval of Minutes of Previous Meetings:
a. Approval of Regular Council Meeting Minutes October 24, 2016
Councilor Perry Recused, Absent
b. Approval of Executive Session Minutes Special Meeting of September 7, 2016
Councilor Pelletier Abstains - Recused
A-2-Receipt of Minutes from the Following Boards, Commissions:
a. Cemetery Commission
b. Library Board of Trustees
c. Draft of April 14, 2016 Casino Sub-Committee Meeting
A-4-Tax Assessor – Approval of Abatements
A-5-Treasurer Denise Saurette – September 30th Quarterly Report to Municipal Finance and Auditor General
A-6-Town Administrator – Police and Fire Department Overtime Reports October 2016
A-7-Town Administrator – Distribution of Department Monthly Reports for October 2016
A-8-Marc Rousseau, Town Planner – Report of Activities for October 2016
CA-3-Correspondence – Receive and File:
a. DEM Notice of Public Hearing Re: Application to Rehabilitate Old Stone Bridge Abutment
Councilor Pelletier pointed out this Notice from DEM was from the Office of Water Resources for a water quality certification hearing regarding the Stone Bridge Abutment. The CRMC public hearing is November 22; Councilor Pelletier plans to attend along with others.
Councilor Perry made a motion to Approve CA3, DEM Notice of Public Hearing Re: Application to Rehabilitate Old Stone Bridge Abutment. The motion, seconded by Councilor Lambert passed unanimously.
A-9- OPEN PUBLIC FORUM FOR ANNOUCEMENTS, COMMENTS, QUESTIONS
Barbara Pelletier noted the family sacrifices, as a group of volunteers thanked them for their time and a good job. President deMedeiros explained this is the last meeting for this Council; will raise later in the agenda changing the next meeting to Tuesday, November 29 instead of Monday, November 28.
C-1-ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - SUBJECT TO MEETING LEGAL REQUIREMENTS (December 1, 2016 to November 30, 2017)
A. Junkyard and Second Hand Dealer License Renewals December 1, 2016-November 30, 2017 – Subject To Meeting All Legal Requirements
1. Arnold’s Auto Parts, 1484 Crandall Road
2. General Auto Recycling Inc., 384 King Road
3. 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., 533 Bulgarmarsh Road & Lot 116 Card 29
7. Tiverton Auto Parts, Inc., 541 Bulgarmarsh Road
Solicitor DeSisto recommended reading the entire lists for each of the categories of advertised licenses; if one needs to be discussed further it can be pulled off and then vote on the entire list. President deMedeiros read the list for Junkyard and Second Hand Dealer License Renewals, noted General Auto would be pulled off for discussion. President deMedeiros opened the public hearing for this category, called for comments from the public, hearing none closed this portion of the public hearing; called for a motion on all but number 2, General Auto.
Councilor Perry made a motion to Approve item number 1, 3, 4, 5, 6 and 7 subject to meeting all legal requirements. The motion, seconded by Councilor Pelletier passed unanimously.
2. General Auto
Attorney Robin Main, representing General Auto summarized what has been done since last May. Tons of materials have been removed; worked with RI Department of Environment Management (DEM) to approve boundaries and delineations to restore the wetlands. Attorney Main handed the Town Clerk copies of a letter from DEM which acknowledged the restoration was substantially in compliance with wetlands regulations. The Solicitor received this late Friday, did not have enough time to get it to the Council. Scott Rabideau gave a detailed explanation of the wetlands restoration; Mike Russell served in a support capacity to Mr. Rabidou. Administrator Wojcik visited the site with Neil Hall, Building/Zoning Official last week; observed a tremendous amount of work had been done, questioned what was going to happen with the remediated material. Mr. Russell explained the small amount of permeable soil was being removed first then the clam shells would be addressed. Mr. Hall was amazed at the amount of changes, called it a great job and did not see why this license should not be renewed. Attorney Main explained the shells were not on General Auto property but on lot 115, A&C Realty. Solicitor DeSisto referred to a copy of the license which is for Plat 602, Lot 113; the letter from DEM refers to lots 112&113. Attorney Main noted the request was for both lots as General Auto has operated on both lots. Discussion continued regarding the lots; Attorney Main requested the license be granted for lot 112, 0 King Road as well. Solicitor DeSisto recommended doing that as a separate application for the next Council meeting. Solicitor DeSisto explained the application would normally be amended but this is a public hearing and there was no notice for lot 112. Town Clerk Mello explained the Council specifically limited the license renewal to lot 113, 384 King Road. Attorney Main explained the business has always operated in both locations but will provide an application for lot 112.
Councilor Pelletier made a motion to Approve the Renewal for Junkyard and Second Hand Dealer License for General Auto Recycling Inc., 384 King Road, map 602, lot 113, subject to meeting all legal requirements. The motion, seconded by Councilor Chabot passed unanimously.
B. Liquor License Renewals – December 1, 2016 to November 30, 2017 – Subject To Meeting All Legal Requirements
CLASS A – Liquor Stores - ($1000)
1. Chandni, 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.
President deMedeiros read the list of Class A, Liquor Stores license Renewals; opened the public hearing for comments, hearing none closed this portion of the public hearing.
Councilor Pelletier made a motion to Approve the Class A, Liquor Stores, Chandni, Inc., Nimraj, Inc., and Smitton, Inc., Liquor License Renewals subject to meeting all legal requirements. The motion, seconded by Councilor Pelletier passed unanimously.
CLASS BV– Full Liquor License - ($800)
1. Benjamin’s Sports Pub, Inc., 4 Stafford Rd
2. Black Goose Company d/b/a Black Goose Café, 2160 Main Rd.
3. Evelyn’s Nanaquaket Drive-In, Inc., 2335 Main Rd.
4. Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Road
5. Faithe J. Bortz d/b/a P. J’s Café 301 State Ave.
6. Foodworth Inc., dba Atlantic Sports Bar & Restaurant, 70 Shove St.
7. HUEJAN Inc. d/b/a Lil’ Bear Sports Lounge 983 Main Rd.
8. Kfoury Inc. d/b/a Brantal’s Restaurant, Banquet & Catering Facility, 91-97 Crandall.
9. Le Moulin Rouge, Inc. 1403 Main Rd.
10. Riptide Sports Grille, 1 Bay Street
11. Sakonnet River Grille, 524 Main Rd.
12. Silva Brothers Inc. d/b/a Barcello’s Family Restaurant, 1214 Stafford Rd.
13. Spring Restaurant, Inc., 118-120 Main Rd.
14. Susan’s Restaurant, 13 Crandall Rd.
15. The Boat House Restaurant, LLC, 227 Schooner Drive
16. TRDR, Inc. d/b/a Red Dory Restaurant, 1848 Main Rd
President deMedeiros read the list of Class BV, Full Liquor License Renewals; opened the public hearing for comments, hearing none closed this portion of the public hearing. Councilor Pelletier requested an update on Riptide Sports Grille, recalled it was granted but not issued as it was still undergoing reconstruction. Cort Chappell, Attorney for the applicant explained the Fire Department was there today, the plumbing, electrical and Department of Health inspectors are due next week. Fire Chief Robert Lloyd noted the issue with the fire detectors was being addressed today, recommended full acceptance. Police Chief Thomas Blakey questioned the hours of operation; Attorney Chappell noted the original license had some restrictions, asking to grant subject to the same license and conditions. The Clerk produced the portion of the minutes relative to the license. Councilor Pelletier wanted the Solicitor’s opinion on outdoor seating applied to any license. The Solicitor explained a license is granted for the premises if there is outdoor serving it should be referenced on the license; there are zoning requirements factored into parking and seating. The Town Clerk noted on the license the hours of operation, based on the minutes, were to be Monday to Thursday from 11am to 10pm, Friday and Saturday from 11am to 11pm and on Sunday from 11am to 10pm. Mr. Hall has not done a final inspection but they are moving in the right direction. The Town Clerk explained the Licensing Clerk has an extensive spreadsheet relative to inspections, taxes and approvals. Licenses will not be issued unless they meet all legal requirements.
Councilor Pelletier made a motion to Approve the Class BV Full Liquor License renewals for the 16 listed on the agenda subject to meeting all legal requirements. The motion, seconded by Councilor Chabot passed unanimously.
CLASS BVL – Limited Liquor License ($400.)
1. Classic Pizza Inc., 495 Main Rd.
2. Soule-Seabury Associates, Inc. d/b/a Four Corners Grill, 3841 Main Rd.
President deMedeiros opened the public hearing for Class BVL, Limited Liquor License Renewals, called for comments, hearing none closed this portion of the public hearing. The Council President had some questions about Four Corners Grill; Solicitor DeSisto recused, left the Council table and turned this over to the Administrator. The T/A explained they were looking into it; it’s up to the State to follow water and wastewater. The license is conditional upon meeting a connection to a viable potable water and wastewater as part of the building code; Mr. Hall needs to check with the State. President deMedeiros asked for a floor plan for this license and if they had outdoor seating. The Licensing Clerk could not find anything for outdoor seating. President deMedeiros suggested this should be clarified; Town Clerk noted the license could say no outdoor seating. Councilor Pelletier suggested all the licenses say does not include outdoor seating. President deMedeiros suggested giving them notice and time. The T/A noted some licenses do have outdoor seating but should be consistent with all the licenses. The Town Clerk noted if a license has outdoor seating it is stated right on the license.
Councilor Pelletier made a motion to Approve Class BVL, Limited Liquor Licenses for Classic Pizza, Inc., and Soule-Seabury Associates, Inc., d/b/a Four Corners Grill subject to meeting all legal requirements. Councilor Chabot seconded the motion, President deMedeiros requested the Clerk notify them; the Town Clerk noted the license will state this license does not include outdoor seating. The motion passed unanimously.
The Town Clerk explained some of these licenses for Victualling and Holiday may have to be placed on the next meeting; some may have to be added. There is no charge for a Holiday License but is required by the State.
CLASS BT – Bed and Tavern - ($800)
1. Senior Lifestyle Sakonnet Bay LP, 1215 Main Rd., d/b/a Brookdale Sakonnet Bay
President deMedeiros opened the public hearing for Class BT, Bed and Tavern Liquor License renewal, called for comments, hearing none closed this portion of the public hearing.
Councilor Pelletier made a motion to Approve the Class BT, Bed and Tavern Liquor License renewal for
Senior Lifestyle Sakonnet Bay LP, 1215 Main Rd., d/b/a Brookdale Sakonnet Bay, subject to meeting all legal requirements. The motion, seconded by Councilor Perry passed unanimously.
CLASS D –Unlimited Club Licenses ($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.
President deMedeiros opened the public hearing for Class D, Unlimited Club Liquor License Renewals, called for comments, hearing none closed this portion of the public hearing.
Councilor Pelletier made a motion to Approve the Class D, Unlimited Club License Renewals for Knights of Columbus, VFW and Bayview Holy Ghost Citizens Club subject to meeting all legal requirements. The motion, seconded by Councilor Chabot passed unanimously.
C. Indoor Shooting Range Renewals
1. Randy Lebeau dba Sakonnet River Outfitters, 777 Main Rd.
a. Planning Board Correspondence
2. Tiverton Rod & Gun Club, 1529 Fish Rd.
Susan Gill, Vice Chair of the Planning Board represented the Board at this meeting as the Chair; Stu Hardy was out of Town. Ms. Gill brought attention to the Planning Board correspondence especially the parking area on Haskins Avenue which is not on the site plan. Mr. Lebeau agreed to remove that graveled parking area and return it to grass. The parking on Haskins is an issue; it needs a RIDOT physical alteration permit; cannot have curb cuts within 40 feet of an intersection. Solicitor DeSisto noted in the letter from then DPW Director Steve Berlucchi curb cut approval was required. The Planning Board is advisory to the permitting authority which is the Town Council; did not recommend taking this license as it is subject to meeting all legal requirements. The license can be granted; the Solicitor was not clear on the parking but was on the curb cut. Mr. Hall conducted a site visit at both ranges, cannot see holding up this license; biggest issue is the grass. Councilor Lambert agreed with Mr. Hall about not holding up this license. Mr. Hall noted when the Certificate of Occupancy was issued grass was in that area. Councilor Pelletier suggested the site should be in compliance with the approved plan. Councilor Lambert clarified, Mr. Lebeau should follow the approved plan. Ms. Gill encouraged the Council to consider this, did not want to pull his license just want to get Mr. Lebeau to conform to the parking plan. Ms. Gill opined Mr. Lebeau was violating the Zoning Ordinance and Subdivision Regulations. Councilor Chabot cited the ordinance specifically for indoor shooting ranges, opined the license was specifically for the range not the entire property; saw no reason not to issue this license. Chief Blakey affirmed there were no violations for this indoor shooting range. Councilor Pelletier noted this was not an extraordinary barrier to make the site conform to the plan. Councilor Chabot questioned if there was a notice of violation. Solicitor DeSisto suggested this was what was advertised and the motion includes subject to meeting all legal requirements. There are some outstanding but limited issues subject to what needs to be done according to Mr. Hall. Mr. Lebeau has been notified by Mr. Hall on what needs to be done.
Councilor Lambert made a motion to Grant Renewal of the Licenses for Indoor Shooting Range for Randy Lebeau, d/b/a Sakonnet River Outfitters and to Tiverton Rod & Gun Club both subject to meeting all legal requirements. Councilor Chabot seconded the motion, some discussion followed. Councilor Pelletier questioned the hours of operation. Town Clerk Mello noted the application lists hours, Sunday from 9am to 6pm and Monday to Saturday from 10am to 9pm. Solicitor DeSisto suggested the license should be restricted to the hours listed and include that in this motion. The motion passed unanimously.
C-2-NON ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - SUBJECT TO MEETING LEGAL
REQUIREMENTS (December 1, 2016 to November 30, 2017)
1. Approval of Entertainment Licenses
| Atlantic Sports Bar and Restaurant, 70 Shove St. | Kfoury Inc. /Brantal’s Rest./ Banquet Facility, 91-97 Crandall Rd. |
| Bayview Holy Ghost Citizen’s Club, 66 Bottom St. | Sandywoods Farm, Inc., 43 Muse Way |
| Benjamin’s Sports Pub, Inc., 4 Stafford Rd. | Senior Lifestyle /Brookdale Sakonnet Bay LP, 1215 Main Rd. |
| Everett Lane, Inc. / Family Ties Restaurant, 221 Main Rd. | Susan’s Restaurant, Inc., 13 Crandall Rd. |
| Faithe J. Bortz / P.J’s Café, 301 State Ave. | Silva Brothers, Inc./Barcello Family Restaurant, 1214 Stafford Rd. |
| Father Joseph Boehr / Knights of Columbus, 28 Fish Rd. | Spring Restaurant, 118-120 Main Rd. |
| Huejan, Inc. / Lil’Bear Sports Lounge, 983 Main Rd. | VFW/Woodrow L. Silvia, 134 Shove St. |
President deMedeiros questioned if all the licenses listed for the non-advertised licenses had to be read. Solicitor DeSisto explained since these were not advertised just to call for comments; if anyone wants one removed then the Council could discuss that license. The Town Clerk did not have comments for this section. The Council President called for comments or questions on Entertainment License renewals; hearing none called for a motion.
Councilor Perry made a motion to Approve the Entertainment License Renewals as listed subject to meeting all legal requirements. The motion, seconded by Councilor Lambert passed unanimously.
2. Tobacco Dealer’s Licenses Renewals
| A1 Petroleum dba Stonebridge Gas, 861 Main Road | CHANDNI Inc . / Tiverton Liquors, 65 Main Rd. |
| Cumberland Farms #1121, 1860 Main Road | Dolgen Rhode Island LLC dba Dollar General |
| East Lake Variety Inc, 750 East Rd. | |
| Joshua Pavao d/b/a Cigarsmiths, 115 Stafford Rd. | NIMRAJ d/b/a Crossroad Liquors, 1540 Bulgarmarsh Rd. |
| RI Yogi RAJ / No. Tiverton News, 15 Main Rd. | Rite Aid Corp Store 10235, 677 Main Rd. |
| SFS Corp d/b/a Elaine’s Country Store, 1204 Fish Rd. | Smittom Inc / Stone Bridge Liquors, 2490 Main Rd. |
| Speedway LLC d/b/a Speedway, 1308 Stafford Rd. | Step by Step Mart, 429 Main Rd. |
| Supreme Smoke Shop Inc., 1540 Bulgarmarsh Rd. | Three Ducks Car Wash, 400 Main Rd. |
| Tiverton Convenience Store, dba Stateline Tobacco, 29 Stafford Rd. | |
The Council President called for comments; the Town Clerk noted Gray’s Ice Cream was missing from this list, will be added to the next agenda. Councilor Pelletier questioned if the Pay As You Throw receipts were up to date. The Town Clerk explained that is part of meeting the legal requirements but will check with DPW.
Councilor Perry made a motion to Approve the Tobacco Dealer’s Licenses Renewals as listed subject to meeting all legal requirements. The motion, seconded by Councilor Lambert passed unanimously.
3. Victualling License Renewals
| All Fresh Donuts Corp. d/b/a Sip N Dip Donuts, 2 Crandall Rd. | |
| All Fresh Donuts Corp. d/b/a Sip N Dip Donuts, 499 Main Rd. | Le Moulin Rouge Inc., 1403 Main Rd. |
| Artemida, LLC d/b/a Dunkin Donuts, 496 Main Rd. | Macray’s Seafood II Inc.,115 Stafford Rd. |
| Atlantic Sports Bar & Restaurant, Inc., 70 Shove St. | New China Gourmet, 180 Main Rd |
| Bayview Holy Ghost Citizens Club, 66 Bottom St. | New China Sea, Inc., 5-7 Main Rd |
| Benjamin Sports Pub, Inc.,4 Stafford Rd. | Pit Stop LLC, 527 Main Rd |
| Black Goose Co., d/b/a Black Goose Café, 2160 Main Rd | Provender, Inc., 3883 Main Rd. |
| Boat House Restaurant LLC, 227 Schooner Drive | Sabitado’s Pizzeria, 1204 Fish Rd. |
| Central Bakery Development Corp. dba Central Bakery, 70 Shove St., Unit 3 | Sakonnet River Grille, 524 Main Rd. |
| Classic Pizza, Inc., 492 Main Rd. | Senior Lifestyle Sakonnet Bay LP, dba Brookdale Sakonnet Bay, 1215 Main Rd. |
| Country Kitchen-Tiverton Convenience Point Inc., 31 Stafford Rd. | Silva Bros Inc., d/b/a Barcello’s Family Rest., 1214 Stafford Rd |
| Elaine’s Country Store, 1204 Fish Rd | St.Christopher’s Church of Tiverton, 1554 Main Rd. |
| Evelyn’s Nanaquaket Drive-In, Inc., 2335 Main Rd. | Soule Seabury Assoc., d/b/a Four Corners Grille, 3841 Main Rd. |
| Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Rd. | Speedway LLC dba Speedway, 1308 Stafford Rd. |
| Faithe J. Bortz, d/b/a P.J.’s Café, 301 State Ave. | Spring Restaurant, Inc., 118-120 Main Rd |
| Famous Pizza, 433 Main Rd. | St. Theresa’s Church, 265 Stafford Rd. |
| Father Joseph Boehr Columbian Club, Inc., 28 Fish Rd. | Susan’s Restaurant Inc., (Wally’s) 13 Crandall Rd |
| Fu Bing Nan Corp,dba Asian Gourmet, 1715 Stafford Rd. | The Moose Café Inc., 1160 Stafford Rd. |
| Gray’s Ice Cream, Inc., 16 East Rd. | Themie, LLC d/b/a Dunkin Donuts, 1735 Stafford Rd. |
| Helger’s Ice Cream, 2490 Main Rd. | Tom’s Market of Tiverton, Inc., 492 Main Rd. |
| HUEJAN INC., d/b/a Lil’ Bear Sports Lounge, 983 Main Rd. | TRDR,Inc. d/b/a Red Dory Restaurant, 1848 Main Rd. |
| Kass Sandwich Shop Corp. d/b/a Subway of Tiverton, 1289 Stafford Rd. | V.F.W. Woodrow L. Silvia Post Home Association, Inc., |
| Lisa Machado, d/b/a Coastal Roasters LLC,1791 Main Rd. | No. 5392, 134 Shove St |
| Kfoury Inc., d/b/a Brantal’s Restaurant Banquet & Catering Facility, 91-97 Crandall Rd. | |
Councilor Pelletier questioned where the Country Kitchen was and what happened to the Old Buddy’s restaurant. Town Clerk Mello explained that is the breakfast restaurant near the Fall River line; no one has applied for anything from the Buddy’s. The Victualling License for Riptide was inadvertently left off this list and will be added to the next agenda. The Clerk requested Bayview Holy Ghost be removed as they don’t need this license.
Councilor Perry made a motion to Approve all but Bayview Holy Ghost Citizens Club for the Victualling License Renewals as listed subject to meeting all legal requirements. The motion, seconded by Councilor Chabot passed unanimously.
4. Holiday License Renewals
| Natures! Prof. Nancy M. Swing, 1782 Main Rd. | |
|
| PD Humphrey Co. Inc, 590 Main Rd. |
| A-1 Petroleum dba Stonebridge Gas, 861 Main Rd. | Phil’s Propane, Inc. 477 Crandall Rd. |
| Aquidneck Fasteners, Inc.,36 Aquidneck Dr. | RAMCO, Rachel McGarty, 1560 Bulgarmarsh Rd |
| Bridgeport Seafood Market, 2117 Main Rd. | RI Yogi Raj LLC d/b/a North Tiverton News, 15 Main Rd. |
| Coastal Computers, 438 Main Rd. | Rt. 177 Flea Market, 1560 Bulgarmarsh Rd. |
| Cigarsmiths,115 Stafford Rd. | Kayla Couto dba Salt Cycle Studios, 315 Main Rd. |
| Copper Pelican, 404 Main Rd. |
|
| Country Auto Sales & Service, Inc, 1230 Stafford Rd. | SFS Corp d/b/a Elaine’s Country Store, 1204 Fish Rd. |
|
| Silk Road Traders at Gallery 4, 3848 Main Rd. |
| Cumberland Farms, Inc., #1121,1860 Main Rd. | Speedway, LLC dba Speedway#39211, 1308 Stafford Rd. |
| CVS Pharmacy Inc,1086,500 Main Rd. | Stafford Auto Sales, 1296 Stafford Rd. |
| Don’s Marine Sales & Service, Inc. 2503 Main Rd. | Standish Boatyard Inc., 1697 Main Rd. |
| East Lake Variety Inc. 750 East Rd. | Step by Step Mart Inc, 429 Main Rd. |
| Eds Auto Repair, 126 Bear’s Den Rd. | Supreme Smoke Shop Inc., 1540 Bulgarmarsh Rd. |
| Envy Gymnastics, Inc., 935 Main Road | The Cottage at Four Corners, 3847 Main Rd. |
| Euro Gifts LLC d/b/a Fireworks Connection, 34 Main Rd. | The Hose Connection, Inc., 25 Wm S Canning Blvd. |
|
| The Metal Works Corp, 3940 Main Rd. |
| Grays Ice Cream, Inc. 16 East Rd. | Three Ducks Car Wash & Gas, 400 Main Rd |
| Innovative Pools and Spas, 295 Main Rd. |
|
| Joseph Mello, dba Farmer Joe’s, 1401 Crandall Rd | Tiverton Convenience Point d/b/a State Line Tobacco, 29 Stafford Rd |
| M&R Feed store, Inc., 329 King Rd. |
|
| Manchesters Tree & Landscaping, 2970 Main Rd | Tom’s Market of Tiverton, Inc.,492 Main Rd. |
| Maxi Drug South LP d/b/a Rite Aid, #10235,677 Main Rd. | Towne Motor Sales, 109 Main Rd |
| Michael’s Florist, 137 Main Rd. | Viti Inc, 975 Fish Rd. |
| Milk & Honey Bazaar, Inc., 3838 Main Rd. | William S. Sanford, Inc, 367 Bulgarmarsh Rd. |
| Pit Stop LLC, 527 Main Rd. | |
Town Clerk Mello requested removal of the following: Riverside Marine, Courtyards, General Auto Recycling, Sanford & Son and both of the Tiverton Auto Parts as they are not required by the State to have a Holiday License. Dollar General was inadvertently left off this list and will be added to the next agenda.
Councilor Pelletier made a motion to Approve the Holiday License Renewals as listed except for those removals as requested by the Clerk, subject to meeting all legal requirements.
5. Flea Market License Renewal –Rt. 177 Flea Market, 1560 Bulgarmarsh Road
Town Clerk Mello noted this license was restricted to the parking lot only, no building are to be used. There has been no vote yet to state otherwise. Mr. Hall explained the front building has come into compliance; it is now two separate buildings. The back building is still condemned but the front building can be operated. Councilor Pelletier explained this would be the building closest to the road. Rachel McGarty, applicant, explained the units are now lettered A-K. Councilor Pelletier suggested having a drawing of the geographic area with the license.
Councilor Perry made a motion to Issue the License for Flea Market Renewal to Rt. 177 Flea Market, 1560 Bulgarmarsh Road for units A-K, the front building and the parking lot, subject to meeting all legal requirements. The motion, seconded by Councilor Pelletier passed unanimously.
Ms. McGarty gave a heartfelt thanks to all the Council and all those who helped.
6. Mobile Home-Park License Renewals
Dadson Mobile Home Owners Assoc d/b/a Dadson Mobile Estates, 301 Bulgarmarsh Rd
Four Seasons Mobile Home Cooperative Assoc, 225 Brayton Rd
Heritage Home Park Cooperative Inc., 100 Heritage park
Pachet Brook Park Inc., 4502 Main Rd
There were no questions or comments on these renewals.
Councilor Perry made a motion to Approve the Mobile Home Park License Renewals as listed subject to meeting all legal requirements. The motion, seconded by Councilor Pelletier passed unanimously.
7. Manufactured Home Elderly Community License Renewal – Countryview Estates
a. Planning Board Recommendation
b. Building/Zoning Official Recommendation
Town Planner, Marc Rousseau explained as part of the review for this license the Planning Board noted one of the streets in the plan may not conform to the approved plan from 2015. The owner is coming back to the Board with a corrected plan in early December; recommend issuing a 60 day license. Solicitor DeSisto agreed with the recommendation. Councilor Chabot questioned if there were any notices of violation. Solicitor DeSisto explained, not in conjunction with this matter.
Councilor Perry made a motion to Renew the Manufactured Home Elderly Community License for Countryview Estates for 60 days subject to meeting all legal requirements. The motion, seconded by Councilor Pelletier passed unanimously.
8. Petroleum Storage License Renewals
| A-1 Petroleum LLC dba Stonebridge Gas, 861 Main Rd. | SGA Inc., dba George’s Gas & Service Station, 1215 Stafford Rd. |
| Andrew E. Snider, 605 Neck Rd | Speedway LLC dba Speedway #39211, 1308 Stafford Rd. |
| Dennis Motta d/b/a Danny’s Service Station, 99 Crandall Rd | Three Duck’s Gas & Car Wash, 400 Main Rd |
| Ferrellgas Inc, 896 Fish Rd | Tiverton Marina d/b/a Standish Boatyard, 1697 Main |
| Inland Fuel Terminals, 25 State Avenue | Tiverton Public Works, 50 Industrial Way |
| Phil’s Propane Inc., 477 Crandall Rd |
|
| SK Properties-Kingsfisher Housing Assoc, 40 Alicia Circle | |
Town Clerk Mello requested removal of Tiverton Sun as they have not sent in an application. Councilor Pelletier questioned why an individual, Andrew Snider would have a petroleum storage license. Chief Lloyd explained this was for farm storage, meets the requirements. Town Clerk Mello noted the DPW renewal will be on the next agenda.
Councilor Perry made a motion to Approve the Petroleum Storage License Renewals as listed removing Tiverton Sun, subject to meeting all legal requirements. The motion, seconded by Councilor Pelletier passed unanimously.
9. Fireworks License Renewals
East Lake Variety, Inc., 750 East Lake Road
Elaine’s Country Store, 1604 Fish Road
Euro Gifts LLC/Firework Connection, 34 Main Road
NIMRAJ Inc/Crossroads Liquors,1540 Bulgarmarsh Road
RI Yogi Raj LLC d/b/a North Tiverton News, 15 Main Road
RAMCO, 1560 Bulgarmarsh Rd.
Step by Step Mart, 429 Main Road
Tiverton Convenience Point Inc., 29 Stafford Road
There were no issues with the Fireworks license renewals.
Councilor Perry made a motion to Approve the Fireworks License Renewals as listed, subject to meeting all legal requirements. The motion, seconded by Councilor Chabot passed 4-1, Councilor Pelletier opposed.
10. Antique License Renewals
a. Nancy Walker, d/b/a Artisan Antiques, 2423 Main Road
b. Mark Faris, dba Second Season Antiques, 1060 Crandall Rd
There were no issues with the Antique license renewals.
Councilor Perry made a motion to Approve the Antique License Renewals as listed, subject to meeting all legal requirements. The motion, seconded by Councilor Chabot passed unanimously.
11. Quarry License Renewal
Charles Coelho-CMC FLP, 1764 Crandall Road
Town Clerk Mello explained the Planning Board recommended renewal; this was on the same letter with Countryview recommendation. This is the only quarry license that complies, bond is up to date. There is no activity on this site, Mr. Coelho continues to renew annually.
Councilor Perry made a motion to Approve the Quarry License Renewal for Charles Coelho-CMC FLP, 1764 Crandall Road subject to meeting all legal requirements. The motion was seconded by Councilor Pelletier and passed unanimously.
Solicitor DeSisto explained legislation was introduced last year per Council direction; it was not approved by the General Assembly, the Town has no local authority to regulate. Councilor Pelletier suggested putting it forth again in January of next year.
1. Juvenile Hearing Board –Two Year Term to 10/15/2018
Request Reappointment - Richard Bush, 251 Deer Run Road
President deMedeiros suggested reappointing Mr. Bush as there were no other applicants and there was a vacancy. Mr. Bush was unable to attend this meeting.
Councilor Pelletier made a motion to Reappoint Richard Bush to the Juvenile Hearing Board for a two year term to 10/15/2018. The motion, seconded by Councilor Chabot passed unanimously.
1. Town Administrator – Request Authorization to Advertise and Recruit for the Positions of DPW Director and Senior Center Director
Administrator Wojcik included in the packet a draft of the advertising and the job descriptions; met with members of the Personnel Board which had good suggestions. The T/A and Senior Center Director will do some outreach for that position; have asked Ms. Gomes to stay on to help with training. Councilor Pelletier believed there was a typo in the job description it listed 8 years’ experience, the advertising had 7 years’ experience.
Councilor Perry made a motion to Authorize the Town Administrator to Advertise and Recruit for the Positions of DPW Director and Senior Center Director. The motion, seconded by Councilor Pelletier passed unanimously.
There were no items for this topic on the agenda.
1. Town Administrator – Request Approval of Hazard Mitigation Plan Contract Amendment
The T/A explained the employee assigned by CDR to work on the Mitigation Plan has left their employ. The contract has a no sub-contracting clause. The plan is almost finished, asking CDR to waive that clause so that professional can complete the plan. There is no change to the price or financial terms of the contract. Chief Lloyd expected to have a draft in January; the T/A noted this would be weaved into the Comprehensive Plan.
Councilor Perry made a motion to Approve the Hazard Mitigation Plan Contract Amendment. The motion, seconded by Councilor Pelletier passed unanimously.
2. Chief Lloyd – Request to Advertise for Removal and Replacement of Furnace at 287 East Road, Tiverton Fire Station 1
Chief Lloyd explained this was approved at the FTR, trying to get the furnace replaced before it gets too cold. Councilor Chabot pointed out on the page that says Standard Instructions it says the Town of Richmond. Councilor Pelletier noted in the bid requirements section it refers to an oil burner. Chief Lloyd will make the corrections.
Councilor Perry made a motion to Approve the request to Advertise for Removal and Replacement of Furnace at 287 East Road, Fire Station 1. The motion, seconded by Councilor Pelletier passed unanimously.
There were no items for this topic on the agenda.
The T/A announced both the Fire and Police Departments will be participating in the US Marine Corps Reserves Toys for Tots program. New, unwrapped toys can be dropped off at the Fire Station on Main Road, Brookdale/Sakonnet Bay or Countryview Estates before December 6. The Administrator thanked the five departing Council members, had the honor of working with them, each brought something different to the table. The Administrator may have disagreed with Council Lambert on some issues but had tremendous respect; wished all of them well.
President deMedeiros has talked to all the new Councilors as she will be away on November 28 for the Thanksgiving holiday. The Council President believed it was important to be sworn in as a group and all agreed to change the meeting to Tuesday, November 29 at 7:00 pm. President deMedeiros confirmed with the Solicitor this could be done; the Solicitor agreed, this would fall under the Council policy and procedures. Councilor Perry will be away that week, thanked everyone on this Council even though they did not agree on everything. Councilor Perry respected every single one of the members; each brings something different to the table and congratulated the new Councilors. Councilor Perry also thanked Chief Blakey, Chief Lloyd and Sally Black.
Solicitor DeSisto thanked the Council for the past two years, was an honor to advise; there were a lot of difficult decisions.
1. Election Update
The Town Clerk noted there are still 29 provisional ballots that have to be counted by the State and the write-ins also have to be finished. The Board of Canvasser will not be able to certify until that is complete, hoping to have the election certified by Thursday of next week.
There was no Executive Session on this agenda.
Councilor Perry made a motion to adjourn, seconded by Councilor Chabot passed unanimously.
The Council adjourned at approximately 8; 45 p.m.
A True Copy.
ATTEST: _______________________________
Nancy L. Mello, Town Clerk