STATE OF RHODE ISLAND, COUNTY OF NEWPORT

The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Council Meeting on

Monday, November 22, 2021 at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.

3. ROLL CALL

Present
Council President deMedeiros	Council Vice President Burk	Councilor Janick
Councilor Cook	Council Edwards	Councilor Perry
Absent
Councilor Vieira

 

Town Administrator Cotta, Solicitor Marcello and Clerk Chabot were also present.

*** Recognition of Tiverton High School Boys’ Varsity Soccer Team and Coaches ***

*** Division III Title Champions ***

 

The Council President deMedeiros, assisted by Council Vice President Burk, presented Athletic Recognition Certificates to the Tiverton High School Boys’ Varsity Soccer Team and Coaches.

 

Honorable Representative John G. Edwards and Honorable Senator Walter S. Felag, Jr. - Grant Presentation

 

Honorable Representative John G. Edwards presented the Town Clerk Chabot with a grant check of $4656 for a vault map cabinet.

 

BUSINESS BROUGHT BEFORE THE COUNCIL
Council President deMedeiros read the items on the Consent Agenda.

4. CONSENT AGENDA

A. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
     1. Historic Preservation Advisory Board (2)

     2. Recreation Committee (1)

     3. Personnel Board (3)

     4. Historic Cemeteries Commission (10)

     5. FTR & Personnel Changes Advisory Committee (1)

   

B. Acknowledge Receipt of Reports
     1. Treasurer Saurette – October 2021 Budget and Revenue Reports

 

C. Approval of Tax Assessor Abatements - $3,043.78

 

D. Approval of License Renewals – Non-Advertised (December 1, 2021 to November 30, 2022)

    See attached lists for:

        Tobacco Dealers License Renewals
        Victualling License Renewals
        Holiday License Renewals
        Antique License Renewals

 

Councilor Cook removed 4-A-5. Councilor Burk removed items 4-A-1, 4-A-3 and D Holiday license

 

Councilor Perry motioned to approve Consent Agenda items with the exception of 4-A-1, 4-A-3, 4-A-5 and D Holiday license. Seconded by Councilor Janick, the motion passed unanimously.

 

Re: 4-A-1, Councilor Burk questioned the access to the Wingover Farm historic cemetery. Administrator Cotta provided an update.

 

Re: 4-A-3, Councilor Burk questioned whether the Personnel Board interviewing candidates via Zoom was acceptable. Solicitor Marcello responded yes, was acceptable as the Personnel Board meets in person and the candidates can be interviewed over Zoom.

 

Re: 4-A-5, Councilor Cook raised issues regarding this subcommittee and possible charter violations. Solicitor Marcello is tasked with review and response to Council regarding this subcommittee.

 

Re: D Holiday license, Councilor Burk had question for the Solicitor regarding Holiday licenses that since there is no fee for the license can they be automatically issued when applying for another license. Solicitor Marcello will review.

 

Councilor Burk motioned to approve 4-A-1, 4-A-3, 4-A-5 and D Holiday license. Seconded by Councilor Perry, the motion passed 5-0-1. Councilor Cook abstained and requested item 4-A-5 be taken separately.

 

Councilor Burk motioned to reconsider prior motion. Seconded by Councilor Perry, the motion passed 5-0-1. Councilor Cook abstained.

 

Councilor Perry motioned to approve 4-A-1, 4-A-3 and D Holiday license. Seconded by Councilor Janick, the motion passed unanimously.

 

Councilor Burk motioned to approve 4-A-5. Seconded by Councilor Janick, the motion passed 5-1. Councilor Cook opposed.

 

5. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

A. Kathleen Smith addressed the Council regarding the increase in taxes and ability to pay the taxes.

 

6. BOARD OF LICENSING  (subject to meeting all legal requirements)

                     (Non-advertised)

                A. David Leonard Cabral, 60 Renaud Street, Fall River - Request approval of Private Detective License
                     Renewal

 

Councilor Burk questioned the requirements under state law and the out of state address.

 

Councilor Perry motioned to table the Private Detective License for David Leonard Cabral to a future meeting. Seconded by Councilor Edwards, the motion passed unanimously.

 

                B. Muhammad-Kashif Khera/Tiverton Petroleum LLC d/b/a Quick Fuel Stop, 861 Main Rd – Request

                    approval of new licenses:

                                1. Tobacco Dealer license

                                2. Petroleum Storage license

 

Councilor Burk motioned to approve Tobacco Dealer license and Petroleum Storage license for Muhammad-Kashif Khera/Tiverton Petroleum LLC d/b/a Quick Fuel Stop, 861 Main Rd. Seconded by Councilor Janick, the motion passed unanimously.

 

                C. East Bay Ammunition, LLC/Sakonnet River Outfitters, 777 Main Rd – Request approval of new Holiday

                     License

 

Councilor Burk motioned to approve Holiday License for East Bay Ammunition, LLC/Sakonnet River Outfitters, 777 Main Rd. Seconded by Councilor Perry, the motion passed unanimously.

 

                D. Macray’s Seafood II d/b/a Macray’s Seafood – Request approval of Peddler’s license effective

                     October 15, 2021 thru October 15, 2022

 

Councilor Perry motioned to approve Peddler’s license for Macray’s Seafood II d/b/a Macray’s Seafood. Seconded by Councilor Janick, the motion passed unanimously.

 

                E.  Request Quarry License Transfer/Renewal – from Charles Coelho/CMC FLP, 1764 Crandall Road to

                     Helger Bros. Sand & Gravel LLC, 1764 Crandall Road (Planning Board Recommendation)

 

Councilor Perry motioned to approve the transfer and renewal of the quarry license for 1764 Crandall Road to Helger Bros. Sand & Gravel LLC, subject to meeting all legal requirements, including but not limited to providing a remediation bond. Seconded by Councilor Edwards, the motion passed unanimous.

 

                    (Advertised public hearing)
                ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2021 to November 30, 2022)

 

Council President deMedeiros opened the Public Hearing

 

                F. 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. Tiverton Auto Parts, Inc., 541 Bulgarmarsh Road (Lot 501-104)

                     5. Sanford & Son LTD, 104 Cynthia Avenue (Lot 514 - Card109)

 

Council President deMedeiros asked if anyone would like to speak for or against; no response.

 

Councilor Janick motioned to approve the Junkyard and Second Hand Dealer Licenses as listed. Seconded by Councilor Perry, the motion passed unanimously.

 

                G. 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

 

Council President deMedeiros asked if anyone would like to speak for or against; no response.

 

Councilor Perry motioned to approve the Class A Liquor Licenses as listed. Seconded by Councilor Janick, the motion passed unanimously.

 

                     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., d/b/a Atlantic Sports Bar & Restaurant, 70 Shove Street

                     7. Localz Burgers & Cocktails, 4 Stafford Road

                     8. Le Moulin Rouge, Inc., 1403 Main Road

                     9. Macray’s Seafood II Inc. 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 Inc. d/b/a Wally’s Tap House, 13 Crandall Road

                   16. Dory Go, Inc. d/b/a The Red Dory, 1848 Main Road

                   17. Everette Lane Inc. d/b/a Family Ties, 221 Main Road

                   18. Sports Kitchen LLC, 300 Industrial Way

 

Council President deMedeiros asked if anyone would like to speak for or against.

Ms. Sally Black spoke to thank restaurant owners for working hard to stay open during the pandemic.

 

Councilor Burk motioned to approve the Class BV Liquor Licenses as listed. Seconded by Councilor Janick, the motion passed unanimously.

 

                     CLASS BVL – Limited Liquor License ($400)
                   19. Classic Pizza Inc., 495 Main Road

                   20. Jacky’s Galaxie Tiverton, Inc., 777 Tiverton Casino Blvd.

                   21. Soule-Seabury Associates, Inc. d/b/a Four Corners Grille, 3841 Main Road

                   22. Groundswell Café & Bakery LLC, 3883 Main Road

 

Council President deMedeiros asked if anyone would like to speak for or against; no response.

 

Councilor Perry motioned to approve the Class BVL Liquor Licenses as listed. Seconded by Councilor Edwards, the motion passed unanimously.

 

                     CLASS BT – Bed and Tavern - ($800)

                   23. Senior Lifestyle Sakonnet Bay, LP d/b/a Brookdale Sakonnet Bay 1215 Main Road

 

Council President deMedeiros asked if anyone would like to speak for or against; no response.

 

Councilor Perry motioned to approve the Class BT Liquor Licenses as listed. Seconded by Councilor Janick, the motion passed unanimously.

 

                     CLASS D –Unlimited Club Licenses ($200)          

                   24. Bayview Holy Ghost Citizens Club, 66 Bottom Street

                   25. Woodrow L. Silvia Post Home Association, Inc., 134 Shove Street

 

Council President deMedeiros asked if anyone would like to speak for or against; no response.

 

Councilor Janick motioned to approve the Class D Liquor Licenses as listed. Seconded by Councilor Perry, the motion passed unanimously.

 

                     CLASS B-C – Casino - ($2,500)

                   26. Twin River - Tiverton LLC d/b/a Bally’s Casino & Hotel, 777 Casino Blvd.

 

Council President deMedeiros asked if anyone would like to speak for or against; no response.

 

Councilor Edwards motioned to approve the Class B-C Liquor License as listed. Seconded by Councilor Perry, the motion passed unanimously.

 

                H. Indoor Shooting Range Renewals

                     1. Tiverton Rod & Gun Club

 

Council President deMedeiros asked if anyone would like to speak for or against; no response.

Council President deMedeiros closed the public hearing.

 

Councilor Perry motioned to approve the Indoor Shooting Range Renewal as listed. Seconded by Councilor Edwards, the motion passed unanimously.

 

                NON ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2021 to Nov. 30, 2022)

                I. Approval of Entertainment Licenses

                     1. Foodworth Inc. d/b/a Atlantic Sports Bar and Restaurant, 70 Shove Street

                     2. Bayview Holy Ghost Citizen’s Club, 66 Bottom Street

                     3. Sandywoods Farm, Inc., 43 Muse Way

                     4. Spring Restaurant, 118-120 Main Road

                     5. Localz Burgers & Cocktails, 4 Stafford Road

                     6. Twin River - Tiverton LLC d/b/a Bally’s Casino & Hotel, 777 Casino Blvd.

                     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. d/b/a Wally’s Tap House, 13 Crandall Road

                   10. Riptide Sports Grille Inc. d/b/a Riptide, 1 Bay Street

                   11. VFW/Woodrow L. Silvia, 134 Shove Street

 

Councilor Perry motioned to approve the Entertainment Licenses for I1 through I11 as listed. Seconded by Councilor Janick, the motion passed unanimously.

 

                J. 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 Association, 225 Brayton Road

                     3. Heritage Home Park Cooperative Inc., 100 Heritage Park

                     4. Pachet Brook Park Inc., 4502 Main Road

 

Councilor Perry motioned to approve the Mobile Home-Park License Renewals for J2 through J4 as listed. Seconded by Councilor Burk, the motion passed unanimously.

 

Councilor Perry motioned to approve the Mobile Home-Park License Renewals for J1 Dadson Mobile Home Owners Assoc. d/b/a Dadson Mobile Estates, conditionally for three months until the end of February. Seconded by Councilor Burk, the motion passed unanimously.

 

                K. Manufactured Home Elderly Community License Renewal

                     1. Hometown Countryview LLC d/b/a Countryview Estates, 213 Hurst Lane

                         (Planning Board Recommendation)

 

Councilor Edwards motioned to approve the Manufactured Home Elderly Community License Renewal for K1 Hometown Countryview LLC d/b/a Countryview Estates. Seconded by Councilor Perry, the motion passed unanimously.

 

                L. 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 d/b/a Inland Fuel Terminals, 25 State Avenue

                     5. Three Ducks Car Wash Corp, 400 Main Road

                     6. Phil’s Propane Inc, 477 Crandall Road

                     7. SK Properties-Kingfisher Housing Assoc, 40 Alicia Circle

                     8. Tiverton Marina d/b/a Standish Boatyard, Inc. 1697 Main Road

                     9. SGA Inc., d/b/a George’s Gas & Service Station, 1215 Stafford Road

                  10. Twin River - Tiverton LLC d/b/a Bally’s Casino & Hotel, 777 Casino Blvd.

                  11. Joe’s Kwik Marts LLC, 1308 Stafford Road

 

Councilor Perry motioned to approve the Petroleum Storage License Renewals for L1 through L11 as listed. Seconded by Councilor Edwards, the motion passed unanimously.

 

                M. Fireworks License Renewals

                     1. East Lake Variety, Inc., 750 East Lake Road

                     2. Tiverton Convenience Point Inc. d/b/a Stateline Tobacco, 29 Stafford Road

                     3. SFS Corp, d/b/a Elaine’s Country Store, 1204 Fish Road

                     4. NIMRAJ Inc./Crossroads Liquors, 1540 Bulgarmarsh Road

                     5. Rachel McGarty d/b/a RAMCO, 1560 Bulgarmarsh Road

                     6. Step by Step Convenience Inc. 429 Main Road

                     7. Euro Gifts LLC/Firework Connection, 34 Main Road

 

Councilor Edwards motioned to approve the Fireworks License Renewals for M1-M4, M6 & M7 as listed. Seconded by Councilor Burk, the motion passed unanimously.

 

Councilor Burk motioned to approve the Fireworks License Renewal for M5 Rachel McGarty d/b/a RAMCO, 1560 Bulgarmarsh Road. Seconded by Councilor Janick, the motion passed 5-0-1, Councilor Perry recused.

 

                N. Flea Market License Renewal

                     1. Route 177 Flea Market, 1560 Bulgarmarsh Road

 

Councilor Edwards motioned to approve the Flea Market License Renewal for N1 Route 177 Flea Market, 1560 Bulgarmarsh Road. Seconded by Councilor Burk, the motion passed 5-0-1, Councilor Perry recused.

 

7. GENERAL BUSINESS

A. Recreation Commission/Councilor Perry – Discussion and possible vote for approval of Tree Lighting

     Ceremony at Fort Barton/Town Hall on December 4 from 3 to 9 p.m.

 

Councilor Perry motioned to approve the Tree Lighting Ceremony at Fort Barton/Town Hall on December 4 from 3 to 9 p.m. Seconded by Councilor Edwards, the motion passed 5-0-1, Councilor Burk absent.

 

B. Open Space Commission/ Brian Janes - Discussion and possible vote regarding award of contract to

     GZA Geoenvironmental Inc for 100% design Fogland Stormwater Project

 

Councilor Edwards motioned to approve award of contract to GZA Geoenvironmental Inc for 100% design Fogland Stormwater Project. Seconded by Councilor Janick, the motion passed unanimously.

 

C. Economic Development Commission/Rene Jones – Support “SHOP SMALL” Business Saturday,

     November 27, 2021

 

EDC Chair Rene Jones explained the SHOP SMALL initiative to the Council to visit and support local businesses this weekend, noting Farmer’s Market at Sandywood’s this weekend.

 

D. Tax Assessor Robert – Discussion and possible vote on Pay As You Throw (PAYT) Free Trash Bag

    Program regarding income limits

 

Tax Assessor Robert explained the current PAYT Free Trash Bag program and asked the Council to consider changes to the program for income limits to match 200% of Federal level and to include their family size model.

 

Councilor Perry motioned to approve modification to the PAYT Free Trash Bag program to match annual 200% Federal poverty level under DHHS including accounting for family size. Seconded by Councilor Burk, the motion passed unanimously.

 

E. Town Administrator – Update on Two Rod Way

 

Town Administrator Cotta update the Council on actions – DPW are making improvements to roadway and picking up trash, Police Department are making more frequent trips to the area, yellow bags are available at the Tiverton Library for those who wish to help with trash and CRMC has been contact and is reviewing legal issue.

 

F. Town Administrator – Discussion and possible vote on proposed ordinance for Bi-directional

     Communications and advertising of same

 

Town Administrator Cotta, with Police Chief Jones and Fire Chief Reimels, explained the need for an ordinance to address communication safety issues within buildings/structures. Solicitor Marcello will draft an ordinance as discussed and provide to the Council for review and public hearing.

 

G. Town Administrator – Discussion and possible vote on hiring of one unobligated cadet from the Police

     Academy

 

Councilor Burk motioned to approve hiring of one unobligated cadet from the Police Academy to replace an upcoming retirement with the understanding that this does not increase staff. Seconded by Councilor Janick, the motion passed unanimously.

 

H. Town Solicitor – Update on case CA No: NC 2021-0188 Joel Bishop et al. v. Joan Chabot, Tiverton

     Town Clerk

 

Solicitor Marcello informed the Council that an appeal has been filed in Supreme Court on this case. He answered question on continuing costs for the case.

 

8. ANNOUNCEMENTS/COMMENTS/DISCUSSIONS

A. Councilor deMedeiros – Discussion on scheduling the Initial Budget Workshop per Charter Section

     301(a)(1) no later than January 15

 

Councilor deMedeiros recommended scheduling the joint meeting for January 4, 2022 or January 5, 2022. Council members were in agreement. Clerk Chabot directed to contact School Committee Chair Larkin and Budget Committee Chair Sousa for scheduling.

 

B. Councilor deMedeiros – Discussion on cancelling December 27, 2021 meeting

 

There was consensus to cancel the December 27 meeting.

 

9. ADJOURNMENT

Councilor Perry motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 8:55 p.m.

 

A True Copy.

 

ATTEST________________________________

                      Joan B. Chabot, Town Clerk