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 2017 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 | John G. Edwards, V - Vice President (late arrival) | |||
| | Joan B. Chabot - Absent | Patricia M. Hilton | Randy J. Lebeau | Joseph C. Perry, Jr. | Christine E. Ryan |
Town Administrator, Paul McGreevy and Town Solicitor Peter Skwirz 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 Hilton requested removal of CA11, Councilor Lebeau requested removal of CA9 and Councilor deMedeiros requested removal of CA6.
Councilor Edwards made a motion to Approve the Consent Agenda except for CA6, 9 and 11. The motion, seconded by Councilor Perry passed unanimously.
The Consent Agenda was as follows:
A-1-Approval of Minutes of Previous Meetings:
a. Approval of Regular Session Meeting Minutes of October 23, 2017
b. Approval of Executive Session Minutes October 23, 2017
Councilor Perry Abstains – Recused from Exec Session
c. Approval of Executive Session Minutes October 10, 2017
Councilor Perry Abstains – Recused from Exec Session
A-2-Receipt of Minutes from the Following Boards, Commissions:
a. Casino Subcommittee
b. Board of Canvassers
c. Charter Review Commission
d. Planning Board (2)
A-3-Correspondence – Receive and File
A-4-DPW Director William Anderson – Request Authority to Advertise and Hire (2) Replacement Truck Driver/Laborers
A-5-Town Administrator – Department Reports for October 2017
A-7-Town Administrator - Approval to Advertise and Hire Administrative Assistant to Police Chief
A-8-Chief Blakey –Approval to Advertise and Hire Part Time Dispatcher
A-10-Susan Gill, Administrative Officer Report of Activities for October
A-12-Approval of Resolution Establishing Litter Committee
CA-6-Town Administrator – Police and Fire Overtime for October 2017
President deMedeiros brought attention to Police overtime, $15,420 for October; leaves $125k, allocated $210k does not leave much for the rest of the year. President deMedeiros requested the Town Administrator keep an eye on this. Police Chief Thomas Blakey explained that $13,200 will be reimbursed from a grant and will go back into the overtime account. The new officers are now on the road, some $3,400 of that overtime was due to a substantial investigation; was quite successful.
Councilor Edwards made a motion to Approve CA6, Police and Fire Overtime for October 2017. The motion, seconded by Councilor Hilton passed unanimously.
CA-9-Attorney Kelly - Request for Zoning Ordinance Amendment – Refer to Planning Board
Councilor Lebeau wanted clarification, wanted to know what was changing. Solicitor Skwirz explained the request was to change the District Use Regulations in Section 1, Article IV for public utility not otherwise specified; this use would be permitted by right where the subject property is one hundred acres or greater in area and the use is limited to solar power generation, storage, and transmission, and any accessory use
related. The other change requested was for Section 6, Open recreational uses, recreational use would be permitted in an R80 zone; such used may include motocross, biking and related uses. The first step is to refer to the Planning Board for recommendation on how it affects the Comprehensive Plan and then would come back to the Council for an advertised public hearing.
Councilor Edwards made a motion to Approve CA9, seconded by Councilor Ryan passed unanimously.
CA-11-Town Administrator – Approval of First Amendment Between Town of Tiverton and Sakonnet Veterinary Hospital
Councilor Hilton questioned if the 5 days mentioned was 5 days or 5 business days. Solicitor Skwirz explained as a general rule unless it says business days then it means calendar days. Chief Blakey noted they do have a key to the door in the back but stated it should be 5 business days. Councilor Hilton suggested the 5 days if they were okay with it was just looking for clarification.
Councilor Edwards made a motion to Approve CA11 with the Amendment of 5 business days. The motion was seconded by Councilor Perry, some discussion followed. Councilor Edwards questioned who initiated the amendment; the T/A explained they met with management, identified some issues that needed to be addressed. Chief Blakey explained this stemmed for a dog that had been left there for a number of days, was a dispute about ownership; the 5 days is in compliance with State law. The motion passed unanimously.
A-12-OPEN PUBLIC FORUM - ANNOUCEMENTS, COMMENTS, QUESTIONS, PRESENTATIONS
Barbara Pelletier noted her replacement as the representative to Discover Newport will be interviewed later in the agenda; in the past 6 years found out a lot of things about Tiverton she didn’t know. Mrs. Pelletier noted many things going on in Town including various things with the waterfront and a hotel that will bring much needed bed and breakfast revenue. Mrs. Pelletier suggested asking the new representative to attend EDC meetings. President deMedeiros thanked Mrs. Pelletier for her service, a round of applause followed.
Chief Blakey recognized the Tiverton Police Union for donating $1,000 to the Tiverton Food Pantry, will be making another $1k donation at Christmas and a $1k donation for heating oil for families in Tiverton. They have been doing this for 25 years now, Chief Blakey wanted to recognize them and commend them for their efforts. A round of applause followed.
Section moved up in the agenda.
Councilor Edwards made a motion to move up section D, Appointments and Resignations out of order and take in front of section B& C. The motion, seconded by Councilor Perry passed unanimously.
APPOINTMENTS
1. Juvenile Hearing Board–(Three Year Term) Expiring 10/15/2020–1 Vacancy– 2 Alternate Vacancies
Amanda M. Souza, 160 Leger Lane – Request Re-appointment
This applicant for reappointment was not in attendance.
Councilor Ryan made a motion to Reappoint Amanda M. Souza, 160 Leger Lane to the Juvenile Hearing Board for a three year term to expire 10/15/ 2020. Councilor Perry seconded the motion, Councilor Edwards questioned if the Council had to waive the appointment policy. Solicitor Skwirz explained that was only for appointments, not reappointments. The motion passed unanimously.
2. Recreation Committee – (Three Year Term) Expiring 4/15/2020 – 3 Vacancies
Edward Sevigny, 168 Merritt Drive – Request for Re-appointment
This applicant for reappointment was not in attendance.
Councilor Perry made a motion to Reappoint Edward Sevigny, 168 Merritt Drive to the Recreation Committee for a three year term to 4/15/2020. The motion, seconded by Councilor Edwards passed unanimously.
3. Discover Newport Representative – (Three Year Term) Expiring October 1, 2020
Christine M. Klase, 131 Barnswallow Street
Ms. Klase has worked in the hospitality industry since 1989, lived in Town for the last 5 years. Ms. Klase was looking for an opportunity to bridge Discover Newport and Tiverton and take advantage of the many things offered by Discover Newport. Ms. Klase confirmed her current employer was fine with her going to the meetings. President deMedeiros called for a motion to waive Council policy.
Councilor Edwards made a motion to waive the Council policy, seconded by Councilor Perry passed unanimously.
Councilor Edwards made a motion to Appoint Christine M. Klase, 131 Barnswallow Street as the Tiverton representative to Discover Newport. The motion, seconded by Councilor Perry passed unanimously.
4. Litter Committee – (Five Year Terms) – Expiring 1/15/2022
a. Bonnie Kane, 128 Abel Hart Lane
b. Victoria Revier, 258 Bridle Way
c. Natalie Cote, 146 Leger Lane
d. Diane Sunderland, 55 Riverscape
e. Maureen Morrow, 47 Peaceful Way
Town Clerk Mello explained these are really reappointments as this was part of the Conservation Commission; in 2013 then separated to become a stand-alone committee. The established members have been on this committee for a number of years. Councilor Edwards noted all five are for 5 year terms; questioned if they should be staggered. Town Clerk Mello will amend the resolution approved earlier to stagger the terms. President deMedeiros believed these people did not need to be interviewed since they have been doing this for a long time unless they chose to speak. Victoria Revier became Chair of the committee about ten years ago when Pat Sullivan stepped down. The committee has adopt an area, hope to get everyone involved. Natalie Cote was formerly on the Conservation Commission and was the liaison to the Litter Committee, happy to be a separate entity that can be found easily on the website.
Councilor Edwards made a motion to Reappoint Bonnie Kane, Victoria Revier, Natalie Cote, Diane Sunderland and Maureen Morrow to the Litter Committee for 5 years terms staggered. The motion, seconded by Councilor Hilton passed unanimously.
C-1 ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - SUBJECT TO MEETING LEGAL REQUIREMENTS (December 1, 2017 to November 30, 2018)
President deMedeiros explained each section would be taken as a whole, will read all the names and ask for Council comments/questions and then from the public. The Council President would then call for a motion to approve (subject to meeting all legal requirements).
A. Junkyard and Second Hand Dealer License Renewals December 1, 2017-November 30, 2018 – Subject To Meeting All Legal Requirements
1. Arnold’s Auto Parts, 1484 Crandall Road (Lot 612-Card113)
2. Lagasse Salvage Yard, 20 Cory’s Lane (Lot 209-Card 125)
3. Sanford & Son LTD, 104 Cynthia Avenue (Lot 514-Card109)
4. Sakonnet Recycling LLC. 413 Bulgarmarsh Road (Lot 410-Card106)
5. Tiverton Auto Parts, Inc., 533 Bulgarmarsh Road (Lot 501-Card105)
6. Tiverton Auto Parts, Inc., 541 Bulgarmarsh Road (Lot 116 Card 29)
President deMedeiros called for comments/questions from the Council, hearing none opened to the public for comments/questions; hearing none President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C1A, Junkyard and Second Hand Dealer License Renewals December 1, 2017-November 30, 2018 – Subject To Meeting All Legal Requirements. The motion, seconded by Councilor Perry passed unanimously.
B. Liquor License Renewals – December 1, 2017 to November 30, 2018 – 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 called for comments/questions from the Council on the Class A Liquor License Renewals, hearing no comments/questions from the Council or the public called for a motion.
CLASS BV– Full Liquor License - ($800)
4. Hebertlyrics LLC d/b/a Lyrics Bar and Grill, 4 Stafford Road
5. Black Goose Company d/b/a Black Goose Café, 2160 Main Rd.
6. Evelyn’s Nanaquaket Drive-In, Inc., 2335 Main Rd.
7. Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Road
8. Faithe J. Bortz d/b/a P. J’s Café, 301 State Ave.
9. Foodworth Inc., dba Atlantic Sports Bar & Restraunt, 70 Shove St.
10. HUEJAN Inc. d/b/a Lil’ Bear Sports Lounge, 983 Main Rd.
11. Le Moulin Rouge, Inc., 1403 Main Rd.
12. Riptide Sports Grille, 1 Bay Street
13. Sakonnet River Grille, 524 Main Rd.
14. Silva Brothers Inc. d/b/a Barcello’s Family Restaurant, 1214 Stafford Rd.
15. Spring Restaurant, Inc., 118-120 Main Rd.
16. Susan’s Restaurant, 13 Crandall Rd.
17. The Boat House Restaurant, LLC, 227 Schooner Drive
18. TRDR, Inc. d/b/a Red Dory Restaurant, 1848 Main Rd
President deMedeiros called for comments/questions from the Council, Councilor Lebeau stated he needed to recuse from number 7. Solicitor Skwirz suggested taking that separately from the others.
7. Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Road- CLASS BV –Full Liquor License Renewal
President deMedeiros called for comments/questions from the Council on this renewal; hearing no comments/questions from the Council or the public called for a motion.
Councilor Edwards made a motion to Approve C1B, Class BV Full Liquor License Renewal for number 7, Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Road. The motion, seconded by Councilor Perry passed on a vote of 5-0-1, Councilor Lebeau, abstained, recused.
President deMedeiros called for comments/questions from the Council on the rest from number4 to 18; hearing none called for comments/questions from the public. An audience member asked if this was for the entertainment license for Riptide; President deMedeiros explained that was coming up later in the agenda. President deMedeiros called for any more comments from the public; hearing none President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C1B, Class BV Full Liquor License Renewals for items numbers 4 to 18 except for number 7. The motion, seconded by Councilor Perry passed unanimously.
CLASS BVL – Limited Liquor License ($400.)
19. Classic Pizza Inc., 495 Main Rd.
20. Soule-Seabury Associates, Inc. d/b/a Four Corners Grill, 3841 Main Rd.
President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C1B, Class BV Full Liquor License Renewals for item numbers 19& 20. The motion, seconded by Councilor Perry passed unanimously.
CLASS BT – Bed and Tavern - ($800)
21. Senior Lifestyle Sakonnet Bay LP, 1215 Main Rd.
President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public. There were no comments from the public; hearing none President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C1B, Class BT Full Liquor License Renewal for item number21, Senior Lifestyle Sakonnet Bay LP, 1215 Main Rd. The motion, seconded by Councilor Perry passed unanimously.
CLASS D –Unlimited Club Licenses ($200.)
22. Father Joseph Boehr Columbian Club, Inc. d/b/a Knights of Columbus, 28 Fish Rd.
23. Woodrow L. Silvia Post Home Association, Inc., 134 Shove St.
24. Bayview Holy Ghost Citizens Club, 66 Bottom St.
President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public for the three that were named. There were no comments from the public; hearing none President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C1B, Class D, Unlimited Club License Renewals. The motion, seconded by Councilor Perry passed unanimously.
C. Indoor Shooting Range Renewals
1. Randy Lebeau dba Sakonnet River Outfitters, 777 Main Rd.
2. Tiverton Rod & Gun Club, 1529 Fish Rd.
Councilor Lebeau recused himself from both of these renewals. Councilor Edwards believed it was outrageous to have an ordinance for Indoor Shooting Ranges, could be a huge liability for the Town. President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public regarding these two. There were no comments from the public; hearing none President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C, Indoor Shooting Range Renewals for these two. The motion, seconded by Councilor Perry passed on a vote of 5-0-1, Councilor Lebeau, abstained, recused.
C-2-NON ADVERTISED PUBLIC HEARINGS FOR LIQUOR LICENSE RENEWALS - SUBJECT TO MEETING LEGAL REQUIREMENTS (December 1, 2017 to November 30, 2018)
1. Approval of Entertainment Licenses
| Atlantic Sports Bar and Restaurant, 70 Shove St. Bayview Holy Ghost Citizen’s Club, 66 Bottom St. Everett Lane, Inc. / Family Ties Restaurant, 221 Main Rd. Faithe J. Bortz / P.J’s Café, 301 State Ave. Father Joseph Boehr / Knights of Columbus, 28 Fish Rd Huejan, Inc. / Lil’Bear Sports Lounge, 983 Main Rd Hebertlyrics LLC d/b/a Lyrics Bar and Grill, 4 Stafford Rd | Sandywoods Farm, Inc., 43 Muse Way Senior Lifestyle /Brookdale Sakonnet Bay LP, 1215 Main Rd. Susan’s Restaurant, Inc., 13 Crandall Rd. Silva Brothers, Inc./Barcello Family Restaurant 1214 Stafford Rd. Spring Restaurant, 118-120 Main Rd. VFW/Woodrow L. Silvia, 134 Shove St. |
Councilor Lebeau recused from Everett Lane, Inc. / Family Ties Restaurant, 221 Main Rd.
Everett Lane, Inc. / Family Ties Restaurant, 221 Main Rd. – Entertainment License Renewal
President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public for Everett Lane, Inc. / Family Ties Restaurant, 221 Main Rd. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C-2-1, Entertainment License Renewal for Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Road. The motion, seconded by Councilor Perry passed on a vote of 5-0-1, Councilor Lebeau, abstained, recused.
President deMedeiros called for comments/questions from the Council on the rest of the items, hearing none opened for comments/questions from the public on the rest of the Entertainment License Renewals. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the remainder of C-2-1, the Entertainment License Renewals. The motion, seconded by Councilor Perry passed unanimously.
2. Tobacco Dealer’s Licenses Renewals
| CHANDNI Inc. / Tiverton Liquors, 65 Main Rd. Cumberland Farms #1121, 1860 Main Road CVS Pharmacy Inc. #1086, 500 Main Rd Dolgen Rhode Island LLC dba Dollar General, 567 Main Road East Lake Variety Inc., 750 East Rd. Joshua Pavao d/b/a Cigarsmiths, 115 Stafford Rd. Gray’s Ice Cream Inc. 16 East Rd | NIMRAJ d/b/a Crossroad Liquors, 1540 Bulgarmarsh Rd. RI Yogi LLC / 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. Three Ducks Car Wash, 400 Main Rd. Tiverton Convenience Store, dba Stateline Tobacco, 29 Stafford Rd. |
President deMedeiros questioned CVS still being on the list; believed they were not selling tobacco products. Town Clerk Mello will compare against the applications to make sure they are removed from the list.
Councilor Edwards made a motion to Approve C-2-2, Tobacco Dealer’s License Renewals. The motion, seconded by Councilor Perry 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. Artemida, LLC d/b/a Dunkin Donuts, 496 Main Rd. Atlantic Sports Bar & Restaurant, Inc., 70 Shove St. Black Goose Co., d/b/a Black Goose Café, 2160 Main Rd Boat House Restaurant LLC, 227 Schooner Drive Cycology Studio Inc. d/b/a Shake Shop, 1701 Stafford Rd Central Bakery Development Corp.dba, Central Bakery 70 Shove St unit3 Classic Pizza, Inc., 492 Main Rd. Country Kitchen-Tiverton Convenience Point Inc., 31 Stafford Rd. Elaine’s Country Store, 1204 Fish Rd Evelyn’s Nanaquaket Drive-In, Inc., 2335 Main Rd. Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Rd. Faithe J. Bortz, d/b/a P.J.’s Café, 301 State Ave. Famous Pizza, 433 Main Rd. Father Joseph Boehr Columbian Club, Inc., 28 Fish Rd. Fu Bing Nan Corp, dba Asian Gourmet, 1715 Stafford Rd. Gray’s Ice Cream, Inc., 16 East Rd. Helger’s Ice Cream, 2490 Main Rd. HUEJAN INC., d/b/a Lil’ Bear Sports Lounge, 983 Main Rd. Hebertlyrics LLC d/b/a/ Lyrics Bar and Grill, 4 Stafford Rd Lisa Machado, d/b/a Coastal Roasters LLC, 1791 Main Rd. | Le Moulin Rouge Inc., 1403 Main Rd. Macray’s Seafood II Inc., 115 Stafford Rd. New China Gourmet, 180 Main Rd Provender, Inc., 3883 Main Rd. Riptide Sports Grille, Inc., 1 Bay Street Sabitado’s Pizzeria, 1204 Fish Rd. Sakonnet River Grille, 524 Main Rd Senior Lifestyle Sakonnet Bay LP, dba Brookdale Sakonnet Bay 1215 Main Rd. Silva Bros Inc., d/b/a Barcello’s Family Rest., 1214 Stafford Rd St. Christopher’s Church of Tiverton, 1554 Main Rd. Soule Seabury Assoc., d/b/a Four Corners Grille, 3841 Main Rd. Speedway LLC dba Speedway, 1308 Stafford Rd. Spring Restaurant, Inc., 118-120 Main Rd St. Theresa’s Church, 265 Stafford Rd. Susan’s Restaurant Inc., (Wally’s) 13 Crandall Rd The Moose Café Inc., 1160 Stafford Rd. Themie, LLC d/b/a Dunkin Donuts, 1735 Stafford Rd. Tom’s Market of Tiverton, Inc., 492 Main Rd. TRDR, Inc. d/b/a Red Dory Restaurant, 1848 Main Rd. V.F.W. Woodrow L. Silvia Post Home Association, Inc. No. 5392, 134 Shove St Kass Sandwich Shop Corp. d/b/a Subway of Tiverton, 1289 Stafford Rd. |
Councilor Hilton questioned a couple of the victualling licenses; Asian Gourmet and New China Gourmet were not completely filled out. Asian Gourmet did not have a store address or a corporate name. Solicitor Skwirz explained these were a little different than liquor licenses; that information can be obtained on the Secretary of State’s website. Town Clerk Mello noted there were some applications that were not returned; will contact them, could be subject to a late fee.
Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Rd. – Victualling License Renewal
President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public on the Victualling License Renewal for Everett Lane, Inc. / Family Ties Restaurant, 221 Main Rd. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C-2-3, Victualling License Renewal for Everett Lane Inc. d/b/a Family Ties Restaurant, 221 Main Road. The motion, seconded by Councilor Perry passed on a vote of 5-0-1, Councilor Lebeau, abstained, recused.
Solicitor Skwirz agreed should have a separate motion for Asian Gourmet and New China Gourmet. President deMedeiros called for comments/questions from the Council on Asian Gourmet and New China Gourmet hearing none opened for comments/questions from the public on the Victualling License Renewals for Asian Gourmet and New China Gourmet. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve C-2-3, Victualling License Renewals for Fu Bin Nan Corp., d/b/a Asian Gourmet and New China Gourmet subject to the Clerk obtaining the rest of the information for the application. The motion, seconded by Councilor Perry passed unanimously.
President deMedeiros called for comments/questions from the Council, hearing none opened for comments/questions from the public on the rest of the Victualling License Renewals as listed. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the remainder of C-2-1, the Entertainment License Renewals. The motion, seconded by Councilor Perry passed unanimously.
4. Holiday License Renewals
| Aquidneck Fasteners, Inc. 36 Aquidneck Dr. Bridgeport Seafood Market, 2117 Main Rd. Coastal Computers, 438 Main Rd. Cigarsmiths, 115 Stafford Rd. Country Auto Sales & Service, Inc., 1230 Stafford Rd. Courtyards LTD, 3980 Main Rd. SFS Corp d/b/a Elaine’s Country Store, 1204 Fish Rd. Cumberland Farms, Inc., #1121, 1860 Main Rd. CVS Pharmacy Inc., 1086, 500 Main Rd. Dolgen Rhode Island LLC dba Dollar General, 567 Main Road Don’s Marine Sales & Service, Inc. 2503 Main Rd. East Lake Variety Inc. 750 East Rd. Envy Gymnastics, Inc., 935 Main Road Euro Gifts LLC d/b/a Fireworks Connection, 34 Main Rd. Joseph Mello dba Farmer Joes, 1401 Crandall Rd The Hose Connection, Inc., 25 Wm S Canning Blvd. Grays Ice Cream, Inc. 16 East Rd. Innovative Pools and Spas, 295 Main Rd. Michael’s Florist, 137 Main Rd The Metal Works Corp, 3940 Main Rd. Glenn Mello d/b/a Mystic Moon, 436 Main Road | Nancy Swing d/b/a Natures the Rock Shop 1782 Main Rd. PD Humphrey Co. Inc., 590 Main Rd. Phil’s Propane, Inc. 477 Crandall Rd. RAMCO, Rachel McGarty, 1560 Bulgarmarsh Rd RI Yogi LLC d/b/a North Tiverton News, 15 Main Rd. Rt. 177 Flea Market, 1560 Bulgarmarsh Rd. Kayla Couto dba Salt Cycle Studios, 315 Main Rd. Silk Road Traders at Gallery 4, 3848 Main Rd. Speedway, LLC dba Speedway#39211, 1308 Stafford Rd. Stafford Auto Sales, 1296 Stafford Rd. Standish Boatyard Inc., 1697 Main Rd. Three Ducks Car Wash & Gas, 400 Main Rd Tiverton Convenience Point d/b/a State Line Tobacco, 29 Stafford John D Manchester d/b/a Nanaquaket Nursery Inc., 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 Milk & Honey Bazaar, Inc., 3838 Main Rd. William S. Sanford, Inc., 367 Bulgarmarsh Rd. Wilkie Farm, 329 King Rd. |
Councilor Perry will recuse from RAMCO and Rt. 177 Flea Market; Councilor Lebeau will recuse from John Manchester; related to Mr. Manchester. Councilor Lebeau believed he applied for a Holiday License for his business did not see it listed. The applications for Bridgeport Seafood and Natures the Rock Shop were at the end of the copies for the Holiday License as these were received late.
RAMCO, Rachel McGarty, 1560 Bulgarmarsh Rd and Rt. 177 Flea Market, 1560 Bulgarmarsh Rd.-Holiday License Renewals
President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public on the Holiday License Renewals for RAMCO and Rt. 177 Flea Market. Ronald Falcon, owner of the Flea Market requested the restrictions on the license be removed as they have all the permits for the rest of the buildings. The last license was only good for A to K; Town Clerk Mello explained that license was coming up in the next section. President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the Holiday License Renewals for RAMCO, Rachel McGarty, 1560 Bulgarmarsh Rd and Rt. 177 Flea Market, 1560 Bulgarmarsh Rd. The motion, seconded by Councilor Lebeau passed on a vote of 5-0-1, Councilor Perry recused.
John D Manchester d/b/a Nanaquaket Nursery Inc., 2970 Main Rd
President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public on the Holiday License Renewal for John D Manchester d/b/a Nanaquaket Nursery Inc., 2970 Main Rd. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the Holiday License Renewals for John D Manchester d/b/a Nanaquaket Nursery Inc., 2970 Main Rd. The motion, seconded by Councilor Perry passed on a vote of 5-0-1, Councilor Lebeau recused.
President deMedeiros called for comments/questions from the Council on the rest of the Holiday License Renewals. Councilor Edwards questioned the application for Nancy Swing d/b/a Natures the Rock Shop. The Town Clerk noted this was received late and is at the end of the copies for the Holiday License Renewals.
President deMedeiros called for comments/questions from the public on the rest of the Holiday License Renewals as listed. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the remainder of the Holiday License Renewals as listed. The motion, seconded by Councilor Perry passed unanimously.
5. Flea Market License Renewal –Rt. 177 Flea Market, 1560 Bulgarmarsh Road
Councilor Perry recused from this item. President deMedeiros called for comments/questions from the Council; the same question as before came up as to whether there were any restrictions on this license. Solicitor Skwirz explained there were no restrictions from the Building Official for this license had gone through a long process last year. President deMedeiros confirmed there were no restrictions on this license. President deMedeiros called for comments/questions from the public; hearing none President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the Flea Market License Renewal for Rt. 177 Flea Market, 1560 Bulgarmarsh Rd without any restriction on the license. The motion, seconded by Councilor Lebeau passed on a vote of 5-0-1, Councilor Perry recused.
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
President deMedeiros called for comments/questions from the Council on this item, hearing none opened for comments/questions from the public. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve Mobile Home - Park License Renewals as listed. The motion, seconded by Councilor Perry passed unanimously.
7. Manufactured Home Elderly Community License Renewal – Countryview Estates
a. Planning Board Recommendation
b. Building/Zoning Official Recommendation
President deMedeiros called for comments/questions from the audience. President deMedeiros questioned if anything else had been received from the Planning Board. Town Clerk Mello explained the PB had already released it and received a memo from the Building Official stating no violations. Councilor Lebeau recalled a meeting where residents discussed a number of issues. Solicitor Skwirz explained as long as the Building Official finds they are in compliance with the zoning regulations and the PB finds they are in compliance with the Planning Board regulations that are all the concern of the Town. There may be other issues that are a private dispute, a civil issue. President deMedeiros called for further comment from the Council; called for any more comment/questions from the audience. There were no comments from the public; President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the Manufactured Home Elderly Community License Renewal for Countryview Estates. The motion was seconded by Councilor Perry, some discussion followed. Councilor Edwards has received a number of phone calls from residents, seems to be a number of civil issues; requested the representative if they could resolve these issues. President deMedeiros has also received a number of phone calls to see; would ask those people to see if they can correct. The motion passed unanimously.
8. Petroleum Storage License Renewals
| Andrew E. Snider, 605 Neck Rd Dennis Motta d/b/a Danny’s Service Station, 99 Crandall Rd Ferrell Gas Inc., 896 Fish Rd Santa Energy dba Inland Fuel Terminals, 25 State Ave. | SGA Inc., dba George’s Gas & Service Station, 1215 Stafford Rd Speedway LLC dba Speedway #39211, 1308 Stafford Rd. Three Duck’s Gas & Car Wash, 400 Main Rd Tiverton Public Works, 50 Industrial Way SK Properties-Kingsfisher Housing Assoc, 40 Alicia Circle |
President deMedeiros called for comments/questions from the Council on the Petroleum Storage License Renewals, hearing none opened for comments/questions from the public on this item. Councilor Edwards questioned why Tiverton Sun was not on this list; Town Clerk Mello explained, have not received the renewal, due by 12/1.
Councilor Edwards made a motion to Approve the Petroleum Storage License Renewals as listed. The motion, seconded by Councilor Perry passed unanimously.
9. Fireworks License Renewals
| East Lake Variety, Inc., 750 East Lake Road | NIMRAJ Inc. /Crossroads Liquors, 1540 Bulgarmarsh Road |
| Elaine’s Country Store, 1604 Fish Road | RI Yogi LLC d/b/a North Tiverton News, 15 Main Road |
| Euro Gifts LLC/Firework Connection, 34 Main Road | Tiverton Convenience Point Inc., 29 Stafford Road |
RAMCO, 1560 Bulgarmarsh Rd.
Councilor Perry recused from this renewal.
President deMedeiros called for comments/questions from the Council on the RAMCO Fireworks License Renewal, hearing none opened for comments/questions from the public on this item.
Councilor Edwards made a motion to Approve the Fireworks License Renewal for RAMCO, 1560 Bulgarmarsh Rd. The motion, seconded by Councilor Lebeau passed on a vote of 5-0-1, Councilor Perry recused.
President deMedeiros called for comments/questions from the Council on the remainder of the Fireworks License Renewals. President deMedeiros called for comments/questions from the audience; hearing none President deMedeiros then called for a motion.
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
President deMedeiros called for comments/questions from the Council on the Antique License Renewals. President deMedeiros called for comments/questions from the audience; hearing none President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the two Antique License Renewals. The motion, seconded by Councilor Perry passed unanimously.
11. Quarry License Renewal
Charles Coelho-CMC FLP, 1764 Crandall Road
a. Planning Board Recommendation
President deMedeiros called for comments/questions from the Council; Councilor Hilton questioned the letter from the Administrative Officer regarding the surety. Solicitor Skwirz explained the quarry license renewal has to go before the PB; they are the ones who approve it. President deMedeiros called for comments/questions from the audience; hearing none President deMedeiros then called for a motion.
Councilor Edwards made a motion to Approve the Quarry License Renewal for Charles Coelho, CMC FLP, 1764 Crandall Road. The motion, seconded by Councilor Perry passed unanimously.
C-3 - ADVERTISED PUBLIC HEARINGS FOR NEW ENTERTAINMENT LICENSE – ADVERTISED
Bethany Shaker, Riptide Sports Grille, 1 Bay Street - Request Indoor Entertainment License and Extension of Hours Monday Through Sunday 11pm to 1 am
President deMedeiros confirmed the present hours are 11am to 10pm on Monday to Thursday, 11am to 11pm on Friday and Saturday and 11am to 10pm on Sunday. They are requesting to be open from 11am to 1am every day. Attorney Cort Chappell, representing Riptide explained there were concerns from Police and Fire about the operations for a family restaurant. At the time they agreed to the restrictions to prove themselves and said they would come back at a later time. Attorney Chappell explained this would enable them to stay open later like any other restaurant can, would be no rock bands and would be able to have trivia and karaoke; need an entertainment license to have one person with a guitar; just looking for the opportunity to have live music, three pieces or less, trivia, karaoke and the kinds of things associated with this type of restaurant. There would not be nightclub types of activities. President deMedeiros called for questions from the Council. Councilor Lebeau questioned if there had been any trouble there. Chief Blakey had spoken out against this restaurant at the time and has not received any complaints or trouble to date.
President deMedeiros called for comments/questions from the Council and from the audience. Margaret Medeiros, 32 Bay Street just wanted to be clear about the hours, why open to 1am during the week. Ms. Shaker wanted to open for games during the week; Attorney Chappell explained it would not necessarily be until 1am; have adhered to the 10 pm closing time. Councilor Lebeau believed they should not have any restrictions if all the other bars can be open until 1am. Town Clerk Mello explained if there are restrictions some are put on by the applicant; do tell them when they apply. Mrs. Medeiros did not have any complaints, they have been very respectful, wanted to make sure there were no rock bands. Junya Cambra, 91 State Avenue recalled when they first came the hours were going to be from 10am to 10pm, has found litter on the side of the road and has to put up with the noise. President deMedeiros explained this license was given with restricted hours, Ms. Shaker has done her due diligence and no one has complained. All the other bars in Town can stay open until 1am; if there is a problem it will come back to the Council. Attorney Chappell suggested if any of the neighbors are having problems they should come to Ms. Shaker so they can know about the problem or a patron and address that. President deMedeiros called for any other comments from the public; hearing none closed the public portion and requested Council comments. Councilor Edwards worked in the restaurant business for some time, is incredibly hard; applaud them, is in favor, should be supportive of a business that is in Town. Councilor Perry agreed, they have proven themselves, should get the same license as every other business in Town. Town Clerk Mello explained whatever is said is going to be put on the license; this will be 2 or 3 people, amplified but specifically state no rock bands. Solicitor Skwirz noted there is a noise ordinance so it can only go to a certain decibel level. President deMedeiros believed the motion would be the hours would be extended from 11pm to 1 am. Councilor Hilton questioned if a similar time restriction was put on the liquor license. Solicitor Skwirz suggested a motion to reconsider the liquor license. Attorney Chappell explained they don’t have an entertainment license, applying for a new one and need the liquor license extended for longer hours. President deMedeiros called for a motion to reconsider the prior vote to approve the liquor license.
Councilor Perry made a motion to reconsider the prior vote to Approve the Liquor License for Riptide Sports Grille. The motion, seconded by Councilor Edwards passed unanimously.
Councilor Perry made a motion to Extend the Hours on the Liquor License for Riptide Sports Grille from 11pm to 1am. The motion, seconded by Councilor Edwards passed unanimously
Councilor Edwards made a motion to Grant an Indoor Entertainment License to Riptide Sports Grille, 1 Bay Street hours on Monday through Sunday 11am to 1am. The motion was seconded by Councilor Perry, some discussion followed. President deMedeiros believed the license should say 2 or 3 people and no rock bands. Councilor Edwards amended the motion to be subject to no rock and roll music bands, seconded by Councilor Perry, discussion continued. Chief Blakey just wanted to make sure everyone would be out of the building by 1am. Councilor Edwards experience showed that it takes some time for the staff to clean up and leave. Chief Blakey noted that can be problematic; will be checking just like every other business. Councilor Lebeau wanted clarification; everyone is out of the building by 1am. Solicitor Skwirz noted all patrons must be out by 1am, part of this is State law. President deMedeiros confirmed all patrons have to be gone and out of the parking lot. The motion passed unanimously.
President deMedeiros called for a five minute break at this time 8:30 p.m.
There were no items for this topic on the agenda.
1. Toni Lyn McGowan, Tax Collector – Request Use of Council Contingency Funds for $2730 to Cover Costs of Motor Vehicle Rebates
President deMedeiros noted there is $35,637 left in Council Contingency; Tax Collector McGowan explained initially the State said the tax break given for motor vehicle rebates could be applied to the account. The tax payer was given the option of applying credit to 2018 bill or getting a check. The State said the tax payer has to be given a check; have over 4,000 accounts that need to get a check. This was not budgeted for and the State will not give back the $154k reimbursement until the checks go out; those who paid in full will be getting a refund in full, anyone not paid in full gets an adjustment. President deMedeiros called for a motion.
Councilor Hilton made a motion to Approve the Use of Council Contingency Funds for $2,730 to cover costs of Motor Vehicle Rebates. The motion, seconded by Councilor Lebeau passed unanimously.
2. Toni Lyn McGowan, Tax Collector – Approval of Abatements for 10 Year Old Motor Vehicle and Tangible Receivables
Tax Collector McGowan explained this is done every year, after an account has been sitting on the books it’s beyond the 10 year statute of limitations; this is for 2005/06 for those receivables for motor vehicles and tangible taxes that were no able to collect on or are uncollectable.
Councilor Edwards made a motion to Approve the Abatements for 10 Year Old Motor Vehicle and Tangible Receivables Tax. The motion, seconded by Councilor Perry passed unanimously.
1. Councilor Lebeau – Discussion on Casino Revenue
Councilor Lebeau wanted to table this item, not quite ready to present. President deMedeiros questioned if this would be ready for the Casino Subcommittee meeting for November 29. Councilor Edwards noted a draft is in place; Councilor Ryan requested this being emailed to her, trying to come up with a template.
2. Councilor deMedeiros – Update on Storm Damage
President deMedeiros has received many calls and photos regarding the latest storm. DPW Director Anderson explained a number of trees came down and 6 roadways were washed out along with some driveways. They are working on cleaning up most of the trees have been taken care of; also working with National Grid. The Director noted this may involve some overtime, looking to pave the roads before winter weather as they have been fixed temporarily. Councilor Edwards suggested looking at the future to suspend fees for brush pickup after storms. Councilor Lebeau noted the DPW was down 2 drivers, questioned if something was in place. The Director has a contingency plan, have 2 drivers with CDL and will hire drivers for hourly rates for snow plowing. There are 8 drivers in place right now, getting 2 more; commercial insurance was an issue. Chief Lloyd explained the storm caused damage to the radio boxes in the south end; working with the single source vendor.
There were no items for this topic on the agenda.
1. Update on Grinnell Beach
Bids for Sail Shade awarded, hoping to get foundation cut and in before winter. The bids for the septic tank, electrical and concrete have been advertised, due back by the end of the month. In the spring the rest of the concrete work and miscellaneous items will be taken care of; hope to have the ribbon cutting on Memorial Day weekend. The parking lot will not be done until the Stone Bridge is rehabilitated. President deMedeiros, Councilors Hilton and Perry planted beach roses recently; beach grass will be done in early spring. Councilor Lebeau questioned if the grant money was still being used. Councilor Hilton explained the accounting for this was being handled through the Committee; questions should be directed to the Treasurer or committee. Nothing has been purchased with Town money, only in-kind services. Councilor Lebeau questioned a swing; received calls there was a phase 2. President deMedeiros explained there was a request; they were directed to go to the Recreation Committee. Councilor Hilton explained there is much more than just putting a swing set on the sand; have to go through Recreation. Councilor Edwards questioned the time line and how it might affect the Stone Bridge Abutment project. Director Anderson explained right now it was still with DOT, have vendors set up for testing and review, MPA’s lined up. The T/A will work with Director Anderson to make sure the Grinnell’s Beach project works with the Stone Bridge parameters.
2. Update on Departmental 5 Year Needs Assessment
Administrator McGreevy explained several meetings ago there was a list distributed from the Department Heads regarding a Needs Assessment; may be confused as to terms, similar to a five year plan. This was taken down off the website, fixed the wording to Needs Assessment with more data. President deMedeiros was hoping to put that on a future agenda and do a five year plan; don’t have the money for all those items. A lengthy discussion followed; Councilor Hilton was not comfortable with having that on the website, is a draft document that does not have Council approval. Councilor Ryan agreed putting that on the website implies there is some sort of Council approval; requested that it be removed. Councilor Ryan noted Council sets policy; need to be on the same page. The T/A agreed, policy was made by the Council, first step is to do a needs assessment; doesn’t need to be on the website. Councilor Edwards disagreed; having that information out there is good for people to know. Solicitor Skwirz explained having it on the website was a matter of policy; if it was a working draft then it is not a public document. President deMedeiros noted this was on a September agenda as item I1. The T/A explained there was another version in October; Police needs assessment was in draft progress at that time. Solicitor Skwirz noted this was only on for informational purposes, suggested putting on a future agenda to direct the T/A to vote on whether to put on the website. The T/A may take it down in the meantime; Councilor Hilton would be more comfortable if there was a paragraph that said clarifies this is only one input so people understand this is not approved but in the process of coming up with a five year plan. The Administrator did not have a problem with doing that.
3. Update on Police Chief Advisory Panel
The T/A explained the application period closed on the 17th; have talked with Mr. Camara from the Personnel Board, received 10 applications so far. The T/A has put an advisory board consisting of the Portsmouth and Little Compton Police Chiefs and the former Narragansett Police Chief. They will review the resumes, whittle them down, discuss with the T/A after which the recommendations will go to the Personnel Board. They can look at all the applications if they choose. President deMedeiros noted this procedure was agreed to by the Personnel Board as they agreed they did not have expertise in this area. Councilor Edwards, citing the unique approach questioned if the advisory board members needed to sign confidentiality agreements. Solicitor Skwirz explained they wouldn’t have to if these were done in Executive Session as part of a personnel review; ultimately the only application that becomes public information is that of the hired Police Chief and that would fall under access to public records request. The T/A will make sure they follow those parameters.
Councilor Perry commended and congratulated the Recreation Commission especially India Kenyon for a very successful Trunk or Treat; some 2,500 to 3,000 kids participated. The Tree Lighting will take place on Saturday, December 2 at Fort Barton School just like last year. The event starts at 4:15, the Fire Department will bring Santa Claus t 4:45pm. Councilor Perry recognized the Girls High School Volleyball Team for winning their division.
There were no items for this topic on the agenda.
The Town Clerk is working with the Administrator on the Clerical situation, may have 2 or 3 out at the same time.
1. Council President/Town Administrator – Collective Bargaining 42-46-5(a) (2) – Update on Negotiations IAFF
Councilor Edwards made a motion to go into Closed Executive Session pursuant to Council President/Town Administrator – Collective Bargaining 42-46-5(a) (2) – Update on Negotiations IAFF. The motion, seconded by Councilor Perry passed unanimously on a roll call vote.
The Council entered into Executive Session at approximately 9:20 p.m.
The Council returned to Open Session at approximately 10:00 p.m.
In Open Session Council President deMedeiros announced no formal action was taken in Executive Session.
Councilor Edwards motioned, seconded by Councilor Perry to seal the minutes of Executive Session.
Motion passed unanimously.
Councilor Edwards motioned to adjourn, seconded by Councilor Perry passed unanimously.
Council adjourned at approximately 10:05 p.m.
A True Copy.
ATTEST: _______________________________
Nancy L. Mello, Town Clerk