STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS COUNTY OF NEWPORT
The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Council Meeting on Monday, November 23, 2020 at 7:00 via a Virtual Meeting viewable at Tiverton Videos on YouTube.
Council President Hilton called the meeting to order with the pledge of allegiance to the flag.
Members present
| Council President Hilton | Councilor Perry | | | Council Edwards |
| Vice-President deMedeiros | Councilor Clarke | | | Councilor Driggs |
| Councilor Cook | | | | |
Town Administrator Cotta, Solicitor Marcello, Clerk Mello and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
President Hilton read the items on the Consent Agenda.
Note 3: All items listed within the Consent Agenda are to be considered routine by 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 for separate consideration later on the agenda.
A. Approval of Town Council Minutes
1. November 9, 2020 – Regular Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Planning Board (3)
C. Acknowledge Receipt of Reports
1. Treasurer – Denise Saurette – October Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence - None
E. Police Chief Jones – Authorization to advertise a public hearing on 1/11/2021 to amend the Code of
Ordinances for installation of a stop sign at intersection of Cathy Lane/Merritt Ave. – Referred to
Police Chief and DPW Director
F. Approval of Tax Assessor Abatements – None
G. Approval of License Renewals – Non-Advertised (December 1, 2020 to November 30, 2021)
Tobacco Dealers License Renewals
Victualling License Renewals
Holiday License Renewals
Councilor deMedeiros removed Consent Agenda items 4-E
Councilor deMedeiros motioned to approve Consent Agenda items with the exception of 4-E. Councilor Cook seconded the motion. The motion passed unanimously.
Councilor deMedeiros queried pushing the public hearing into January. Clerk Mello explained that if the December 28 meeting was cancelled, the next available meeting date was January 11 in order to satisfy the 21 day advance advertising requirement.
Councilor deMedeiros motioned to approve Consent Agenda item 4-E. Councilor Cook seconded the motion. The motion passed unanimously.
The Public May Send Written Comments via email to publiccomment@tiverton.ri.gov or by regular
mail to the Town Clerk at 343 Highland Road, Tiverton, RI 02878 or place in the grey drop box located
outside Town Hall by 12:00 noon on Monday, September 28, 2020
A. Comments received
William L. McGeough - Support of Family Ties Restaurant class BV liquor license
Councilor Hilton held reading the comment into the record until the relevant agenda item 7-B
A. Approval of proposed amendment to Tiverton Code of Ordinances - Article I – Section 10 – Public Nuisance of Animals – continued to December 14, 2020
President Hilton explained due to the State election certification delay, the new Council has not yet been seated to handle the matter as planned. Item continued to December 14, 2020.
(Non-advertised)
A. David Leonard Cabral, 60 Renaud Street, Fall River - Request approval of Private Detective License Renewal Councilor Clarke asked if the applicant had been vetted in any way. Clerk Mello replied that the necessary approval of the Police Dept. had been completed.
Councilor Cook motioned to approve the relative license renewal. Councilor deMedeiros seconded the motion. The motion passed unanimously.
(Advertised public hearing)
B. Everett Lane, Inc. /Family Ties Restaurant, 221 Main Road - Request approval of Class BV Liquor License President Hilton queried if all legal requirements had been met. Clerk Mello confirmed in the affirmative. Councilor Cook asked why a new application was necessary. Mello noted a renewal was not submitted in 2019.
President Hilton opened the Public Hearing. She read a public comment from William L. McGeough into the record in support of the license. Administrator Cotta asked multiple times if any members of the public wished to speak; there were none. Public hearing was then closed.
Councilor deMedeiros motioned to approve the relative new license. Councilor Perry seconded the motion. The motion passed unanimously.
ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2020 to November 30, 2021)
C. Junkyard and Second Hand Dealer License
1. Arnold’s Auto Parts, 1484 Crandall Road (Lot 612 - Card113)
2. General Auto Recycling, Inc., 384 King Road (Lot 602 - 113)
3. Lagasse Salvage Yard, 20 Cory’s Lane (Lot 209 - Card 125)
4. Sakonnet Recycling, LLC, 413 Bulgarmarsh Road (Lot 410 – Card 106)
5. Tiverton Auto Parts, Inc., 541 Bulgarmarsh Road (Lot 501-104)
6. Sanford & Son LTD, 104 Cynthia Avenue (Lot 514 - Card109)
D. Liquor License Renewals
CLASS A – Liquor Stores - ($1000)
1. Chandni, Inc. d/b/a Tiverton Liquors, 65 Main Road
2. Nimraj, Inc. d/b/a Crossroad Liquors Inc. 1540 Bulgarmarsh Road
3. Smittom Inc. d/b/a Stone Bridge Liquors 2490 Main Road
CLASS BV– Full Liquor License - ($800)
4. Black Goose Company d/b/a Black Goose Café, 2160 Main Road
5. Evelyn’s Nanaquaket Drive-In, Inc., 2335 Main Road
6. Foodworth Inc., dba Atlantic Sports Bar & Restaurant, 70 Shove St.
7. HUEJAN Inc. d/b/a Lil’ Bear Sports Lounge, 983 Main Road
8. Le Moulin Rouge, Inc., 1403 Main Road
9. Michael Napolitano d/b/a Macray’s Seafood, 115 Stafford Road
10. Newport Harbor Corp d/b/a The Boat House Restaurant LLC, 227 Schooner Drive
11. Riptide Sports Grille Inc., 1 Bay Street
12. Sakonnet River Grille, 524 Main Road
13. Silva Brothers Inc. d/b/a Barcello’s Family Restaurant, 1214 Stafford Road
14. Spring Restaurant, Inc., 118-120 Main Road
15. Susan’s Restaurant d/b/a Wally’s Tap House, 13 Crandall Road
16. Dory Go, Inc. d/b/a The Red Dory, 1848 Main Road
17. Localz Burgers & Cocktails, 4 Stafford Road
CLASS BVL – Limited Liquor License ($400)
18. Classic Pizza Inc., 495 Main Road
19. Jacky’s Galaxie Tiverton, Inc., 777 Tiverton Casino Blvd.
20. Soule-Seabury Associates, Inc. d/b/a Four Corners Grille, 3841 Main Road
CLASS BT – Bed and Tavern - ($800)
21. Senior Lifestyle Sakonnet Bay, LP d/b/a Brookdale Sakonnet Bay 1215 Main Road
CLASS D –Unlimited Club Licenses ($200)
22. Bayview Holy Ghost Citizens Club, 66 Bottom St.
23. Woodrow L. Silvia Post Home Association, Inc., 134 Shove St.
CLASS B-C – Casino - ($2,500)
24. Twin River – Tiverton LLC d/b/a Tiverton Casino Hotel, 777 Tiverton Casino Blvd.
E. Indoor Shooting Range Renewals
1. Randy Lebeau dba Sakonnet River Outfitters, 777 Main Road
2. Tiverton Rod & Gun Club, 1529 Fish Road
President Hilton opened the Public Hearing. Administrator Cotta asked multiple times if any members of the public wished to speak; there were none. Public hearing was then closed.
Councilor Perry motioned to approve the relative license renewals C (1-6), D (1-24) and E (1-2) subject to meeting all legal requirements. Councilor Clarke seconded the motion. The motion passed unanimously.
NON ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2020 to Nov. 30, 2021)
F. Approval of Entertainment Licenses
1. Atlantic Sports Bar and Restaurant, 70 Shove St.
2. Bayview Holy Ghost Citizen’s Club, 66 Bottom St.
3. Huejan, Inc. / Lil’Bear Sports Lounge, 983 Main
4. Sandywoods Farm, Inc., 43 Muse Way
5. Localz Burgers & Cocktails, 4 Stafford Road
6. Tiverton LLC dba, Tiverton Casino Hotel, 777 Tiverton Casino Blvd. (Twin River)
7. Silva Brothers, Inc./Barcello’s Family Rest. 1214 Stafford Road
8. Senior Lifestyle /Brookdale Sakonnet Bay LP, 1215 Main Road
9. Susan’s Restaurant, Inc., 13 Crandall Road
10. Riptide Sports Grille Inc. d/b/a Riptide, 1 Bay St
11. VFW/Woodrow L. Silvia, 134 Shove St.
12. Spring Restaurant, 118-120 Main Road
G. Mobile Home-Park License Renewals
1. Dadson Mobile Home Owners Assoc. d/b/a Dadson Mobile Estates, 301 Bulgarmarsh Road
2. Four Seasons Mobile Home Cooperative Assoc., 225 Brayton Road
3. Heritage Home Park Cooperative Inc., 100 Heritage Park
4. Pachet Brook Park Inc., 4502 Main Road
H. Manufactured Home Elderly Community License Renewal
1. Countryview LLC dba Countryview Estates, 213 Hurst Lane (Planning Board Recommendation)
I. Petroleum Storage License Renewals
1. Andrew E. Snider, 605 Neck Road
2. Tiverton Public Works, 50 Industrial Way
3. Ferrell Gas Inc, 896 Fish Road
4. Santa Energy dba Inland Fuel Terminals, 25 State Ave.
5. JAMAC Corp. dba Three Duck’s Gas & Car Wash, 400 Main Road
6. Phil’s Propane Inc, 477 Crandall Road
7. SK Properties-Kingfisher Housing Assoc, 40 Alicia Circle
8. Tiverton Marina dba Standish Boatyard, Inc. 1697 Main Road
9. SGA Inc., dba George’s Gas & Service Station, 1215 Stafford Road
10. Tiverton Sun, 497 Main Road
11. Tiverton Casino Hotel, 777 Casino Blvd.
12. Speedway LLC dba Speedway #39211, 1308 Stafford Road
J. Fireworks License Renewals
1. East Lake Variety, Inc., 750 East Lake Road
2. Point Inc., dba Stateline Tobacco, 29 Stafford Road
3. SFS Corp, dba Elaine’s Country Store, 1204 Fish Road
4. NIMRAJ Inc./Crossroads Liquors, 1540 Bulgarmarsh Road
5. RAMCO, 1560 Bulgarmarsh Road
6. Step by Step Convenience Inc. 429 Main Road
7. Euro Gifts LLC/Firework Connection, 34 Main Road
K. Flea Market License Renewal - Route 177 Flea Market, 1560 Bulgarmarsh Road
1. Route 177 Flea Market, 1560 Bulgarmarsh Road
L. Quarry License Renewal
1. Charles Coelho/CMC FLP, 1764 Crandall Road (Planning Board Recommendation)
Councilor Perry recused himself from (J-5) RAMCO on the Fireworks License renewal and from (K-1) Route 177 Flea Market Flea Market License renewal.
President Hilton opened the Public Hearing. Administrator Cotta asked multiple times if any members of the public wished to speak; there were none. Public hearing was then closed.
Councilor deMedeiros motioned to approve the relative license renewals F (1-12), G (1-4), H-1, I (1-12), J (1-4, 6-7), and L-1. Councilor Perry seconded the motion. The motion passed unanimously.
Councilor deMedeiros motioned to approve the relative license renewals J-5 and K-1. Councilor Clarke seconded the motion. The motion passed unanimously (6-0).
A. Susan Gill, Planning Board Chair – Discussion on Winterberry Woods Surety
Planning Board Gill explained the Treasurer wished to clear up long-standing sureties that the planning board had held for different projects. In particular, the Town had held a $5000 surety for Winterberry Woods subdivision, whereas the plan has been recorded and the as-built submitted, yet the roads (Winterberry Dr., Elderberry Lane, Gooseberry Lane and Teaberry Lane) had not been accepted by the town. She explained that once formally accepted, the Planning Board releases the surety and town services begin. She added that DPW Director Rogers reviewed the roads and found no issues despite being 10 plus years old. One outstanding issue was no record of a homeowners association being formed which she believed was an original requirement. She recommended that if Council agreed to accept the roads, it be contingent upon the recorded formation of an HOA in order to alleviate the DPW’s responsibility for future storm water system maintenance.
Clerk Mello mentioned that the original developer had left abruptly and the council then had to vote to use some of the surety money to complete unfinished work. DPW Director Rogers confirmed that approximately 244K of the original 250K surety was spent for services back in 2011.
Chair Gill noted a similar issue involving Daniel Church subdivision whereas Council proposed to withdraw town services until the residents formed their HOA.
Councilor Cook opined that it was the subdivision residents’ responsibility to form their association and the tax payers should not be on the hook for the additional expense.
Solicitor Marcello asked about current provided services to which Director Rogers confirmed that trash and recycle curbside maintenance, plowing, sanding and road maintenance has been ongoing for 8 or 9 years. Despite noting this was a potential legal problem, he recommended a joint formal letter to the residents establishing a deadline to form the HOA before services are stopped.
Administrator Cotta questioned if the deeds did in fact include HOA requirements so purchasers were aware and expressed concern about pulling services 10 years later. President Hilton answered that at least in the beginning some of the owners must have been aware as they had at one point tried to start the HOA. Councilor Cook believed this should be addressed in an ordinance change to prevent future similar predicaments.
Council President Hilton was able to access one of the deeds during the meeting which clearly confirmed the HOA requirement. Councilor Cook suggested giving the residents ample time after the end of winter to form their HOA, Councilor Edwards expressed agreement. Clerk Mello warned that similar letters had been sent out in similar situations whereas HOA’s were formed yet follow up requirements failed.
Discussion ended with the consensus that the aforementioned formal letters would be sent before any relative surety be released.
B. Town Administrator Cotta – Approval for emergency purchase of Police/Fire IT server from Municipal Capital Improvement Fund (Acct# 0980-9999)
Administrator Cotta noted a recent system crash of the equipment that maintains the IMC systems for Police and Fire along with other ancillary services. He explained the 12 year old server was critical for daily operations, billing, state reporting and personnel accountability. A rudimentary back up operating system was created by the Town’s IT company to ensure operations continued. A permanent solution i.e. new server was necessary, prompting the order of a new server, which was received on 11/5 and installed by the IT Company. He added that the new server was an approved MPA priced item, mitigating the need for competitive bidding. He recommended Council approve funding the cost of $9490 via the restricted Municipal Capital Improvement fund that has $173,094 in available funds as of 6/30/20.
Councilor Cook motioned to approve the relative emergency purchase of the Police/Fire IT server from Municipal Capital Improvement Fund (Acct# 0980-9999). Councilor Edwards seconded the motion. The motion passed unanimously.
C. Police Chief Jones – Requests approval of budget transfer from Acct. 3330-5101 (Personnel) to Acct. 3330 - 5120 (Accreditation Stipend) for $4500.00 to cover AFSCME stipend
Chief Jones explained to Council the transfer was to cover a shortage in account 3330-5120 that gave AFSCME employees an accreditation stipend that took place via collective bargaining and was not accounted for in the initial budget.
Councilor Edwards motioned to approve the relative budget transfer. Councilor Perry seconded the motion. The motion passed unanimously.
D. Police Chief Jones – Requests permission to advertise to establish an eligibility list for future public safety dispatcher position
Chief Jones explained to Council the necessity to begin a recruitment process to establish an active list of eligible candidates for consideration.
Councilor Edwards motioned to authorize advertising to establish an eligibility list for future public safety dispatcher position. Councilor Perry seconded the motion. The motion passed unanimously.
E. Police Chief Jones – Request permission to hire (4) probationary police officers to attend police academy in January 2021 (Confidential memo attached)
Chief Jones broke down the current staffing on the force, explaining they will have 27 officers at the beginning of December after one officer retires. One officer hired in July, is due to graduate police academy in two weeks. He furthered the budget provides for 31 officers, including the chief and deputy chief. The police contract calls for minimum manning of 27. After police academy and subsequent field training, the 4 recruits should be ready to patrol by Labor Day. He noted the difficulty in finding and retaining quality candidates, especially with what police departments are up against nationwide
Councilor deMedeiros motioned to approve the hiring of (4) probationary police officers to attend police academy in January 2021. Councilor Edwards seconded the motion. The motion passed unanimously.
F. Police Chief Jones – Request appointment of Sean Frodyma to position of Reserve Police Officer
Chief Jones explained that retired officer Frodyma has requested to become a reserve police officer.
Councilor Cook questioned that since Frodyma was now serving on two Town boards, could there be any conflict. Discussion ensued relative to per diem employees being eligible to serve on town boards or commissions. Administrator Cotta believed there was no conflict as he would be neither a part nor full time employee.
Councilor Edwards motioned to approve the appointment of Sean Frodyma to position of Reserve Police Officer. Councilor Perry seconded the motion. The motion passed unanimously.
G. Administrator Cotta - Approval of pension enrollment/buyback for Treasurer Denise Saurette
Administrator Cotta explained to Council the that Treasurer Saurette had inadvertently never been enrolled in the Municipal Employee’s Retirement System (MERS) as should have happened from the start of her elected term in 2012 and again when re-elected in 2016. He noted the retirement office concurred with the assertion that her position is full time in accordance with the Charter. She was then permitted to begin contributing into the program effective 8/15/20, and the retirement office calculated the prior amounts owed. He concluded that on 10/29/20, the Town received formal notice of the amount owned for the period 11/6/12 to 8/15/20, which was $39,158.40.
Councilor Edwards motioned to approve the pension enrollment/buyback for Treasurer Denise Saurette. Councilor Perry seconded the motion. The motion passed unanimously.
H. Treasurer/Solicitor – Approval of Durfee Cemetery Agreement with Town of Tiverton
Solicitor Marcello explained about a year ago Treasurer Saurette approached him regarding the bequest of the Durfee Cemetery and the resulting upkeep. He had initially recommended against accepting monies from private individuals for maintenance. However, extensive research via the Treasurer and an Executor of the estate revealed that the cemetery had in fact been deeded to the Town many years ago and the Town had agreed to the upkeep. Monies had been given by the heirs of the Durfee family over the years, yet no formal agreement regarding the Town’s responsibility was in place.
Council noted the required backup was not included in their packets, therefore the item would be tabled until the next meeting.
Councilor Edwards motioned to continue the relative item until next meeting on Dec. 14. Councilor Perry seconded the motion. The motion passed unanimously.
A. Town Clerk - Update on results of November 3, 2020 General Election
Clerk Mello noted an email had been received from the Board of Elections stating that the local BOC could now certify local elections only as the BOE will not be certifying until Nov 30. They also had sent the necessary write-ins. A BOC meeting would be scheduled soon to certify the election. She added there are two members of the budget committee leaving creating vacancies that will warrant new Council appointments. She believed the swearing in of the new officials will be at the Dec. 14th meeting.
Councilor Edwards motioned to adjourn the meeting. Councilor Driggs seconded the motion. The motion passed unanimously. The meeting adjourned at 8:50 p.m.
A True Copy.
ATTEST_________________________
Nancy L. Mello, Town Clerk