Tiverton Town Council Meeting 11-28-2011

TIVERTON TOWN COUNCIL AGENDA

Tiverton Town Hall

343 Highland Road

Tiverton, Rhode Island 02878

Regular Meeting: Monday, November 28, 2011 at 7:00 p.m.

NOTE: Individuals requesting interpreter services for the hearing impaired must contact the Town Clerk’s Office at 343 Highland Road or call (401) 625-6704 forty-eight (48) hours in advance of the meeting date.

DATE POSTED: 11-23-2011

1. PLEDGE OF ALLEGIANCE TO THE FLAG

2. ROLL CALL

Jay Lambert-President David M. Nelson

Cecil E. Leonard-Vice President Brett N. Pelletier

Joan B. Chabot Edward Roderick

Robert D. Coulter



3. APPROVAL OF CONSENT AGENDA

All items listed with a (CA) are to be considered routine by the Town Council and will 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, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

CLOSED EXECUTIVE SESSION

Special Counsel Oliverio – 42-46-5(a)(2) – Litigation– O’Dell v Tiverton
Town Administrator – Personnel – 42-46-5(a)(1) – Performance Evaluation of Fire Chief Robert Lloyd – Notice Provided
Town Administrator – Personnel – 42-46-5(a)(1) – Performance Evaluation of Police Chief Thomas Blakey – Notice Provided
Code Enforcement Officer Gareth Eames – Personnel – 42-46-5(a)(1) – Job Performance Notice Provided



4. A. BUSINESS BROUGHT BEFORE THE COUNCIL

CONSENT AGENDA:

(C.A.) 1. a. Approval of Minutes from Regular Council Meeting October 24, 2011

(C.A.) 2. Receipt of Minutes from the Following Boards, Commissions

Prevention Coalition
Pocasset Hill Cemetery Commission
Historic Cemeteries Commission
Conservation Commission



(C.A.) 3. Correspondence – Receive and File

a. Resolution in Support of Pension Reform Received From

Glocester School Committee and Hopkinton Town Council

Received From James P. Amarantes Regarding Creation of Board of Trustees for New Town

Library (2) Letters Dated November 11, 2011 and November 17, 2011– Referred to Town Solicitor

Received From Newport County Community Mental Health Center Regarding Financial Assistance – Referred to Town Administrator



(C.A.) 4. Town Treasurer Denise Saurette – Distribution of October Budget and Revenue Reports



A-1 OPEN PUBLIC FORUM

Public Forum for Announcements, Comments, Questions

Robert Martin – Request Council Vote in Support of Blue Cross Payments by Legislators



B –PUBLIC HEARINGS & PUBLIC PRESENTATIONS



C. BOARD OF LICENSING

PUBLIC HEARING - ADVERTISED

BV Liquor License Transfer for Buddy’s Place, 79 Main Road From Receiver Vincent Indeglia, Esquire to Dekeng Zhang dba Buddy’s Place – Request Granting of License Transfer Only/No Issuance – Subject to Meeting All Legal Requirements



NON ADVERTISED LICENSE RENEWALS (December 1, 2011 to November 30, 2011)

Antique License Renewal – Nancy Walker dba Artisan Antiques, 2423 Main Road – Subject To Meeting All Legal Requirements
Holiday License Renewal – Latinville dba Riverside Marine, 211 Riverside Drive – Subject To Meeting All Legal Requirements
Street Excavator License Renewal – Hugo Key & Son, Inc., 51 America’s Avenue, Newport, RI – Subject To Meeting All Legal Requirements
Renewal of Private Detective License – Jeffrey T. Nagle, 330 So. Christopher Avenue – Subject to Meeting All Legal Requirements
Manufactured Home Elderly Community License Renewal and Release of Surety – Continued From November 14th Meeting
Countryview Estates, LLC Request for Release of Current Surety
Planning Board Recommendation
Building/Zoning Official Recommendation
Street Excavator License Renewal – J&A Landscaping, 911 Bulgarmarsh Road – Subject to Meeting All Legal Requirements
Renewal of Holiday and Petroleum Storage Licenses for Fuel Circle, Inc. d/b/a Seaside Gas, 1837 Main Road and Alzaibak Inc. d/b/a George’s Gas & Services, 1215 Stafford Road – Subject to Meeting All Legal Requirements



D - APPOINTMENTS & RESIGNATIONS:

Annual Appointment of Harbormaster – Request by Current Harbormaster David E. Vannier, 148 East DeMello Drive
Recommendation of Harbor & Coastal Waters Management Commission

Historic Cemetery Commission - Available Unexpired Term to 6/30/2013
Request for Appointment From David E. Bell, Jr., 30 Patsy Street

Tiverton Budget Committee – Available Unexpired Term to 11/06/2012

Request by Jeffrey Caron, 164 Nanaquaket Road

Building Code Board of Appeals – Resignation of Noel Berg



Newport & Bristol County Convention & Visitors Bureau – Request for Appointment From Barbara F. Pelletier, 104 Bonniefield Drive




E - UNFINISHED BUSINESS:

Recommendations Received From Tiverton Planning Board – Referred to Town solicitor, Town Administrator and Street Committee Continued From October 24th Meeting



Acceptance of West DeMello Drive

Recommendation Against Acceptance by Planning Board, Street Committee and

Town Solicitor



Acceptance of Winterberry Woods Major Subdivision Streets

Recommendation Against Acceptance by Planning Board

Street Committee Correspondence

Town Solicitor’s Recommendation for Further Review on March 12, 2012 Meeting

Acceptance of Knotty Pine Extension Minor Subdivision Streets

Recommendation To Accept by Town Solicitor, Planning Board and DPW Director

Councilor Coulter – Request Formal Report of Town Treasurer and Town Administrator Detailing

Custody of Funds and Related Communications Regarding Fall River Tuitions – Referred to Town

Administrator and Town Treasurer

Written Response by Town Treasurer and Town Administrator



Councilor Coulter – Request Report on Disposition of Nonquit School, Ranger School and

Community Center – Referred to Town Administrator for November 28th Meeting

Written Response by Town Administrator



Councilor Lambert
Status by Town Administrator Relative to Disposition of Old Ranger School
Discussion and Possible Vote of Disposition of Community Center
Nonquit School RFP and Possible Vote
Town Administrator – RFP for Sale of Town Owned Property



F – FINANCIAL BUSINESS:


G - NEW BUSINESS:

1. Town Administrator – Request Town Council Ratification of Teamsters Local #251 Contract – Term

July 1, 2010 to June 30, 2013 – Impact Statement Made Available to Public per Charter

Councilor Coulter – Motion to Continue (Delay Vote) Until Corrected Financial Impact Statement Provided



Town Administrator – Review, Discussion and Approval of Employment Agreement for Police Chief Thomas Blakey



Town Administrator – Review, Discussion and Approval of Employment Agreement for Fire Chief Robert Lloyd.



Town Administrator – Request Review and Approval of Submission of Grant to DEM to Refurbish the Tennis Courts and Playground Area at Town Farm



Town Administrator – Request Review and Approval of Submission of Grant to DEM for New Soccer Complex



Town Administrator – PAYT Free Bag Program – Suggested Guidelines and Verification Process To Qualify for Free Bags



Councilor Nelson – Discussion and Possible Vote on Draft Agenda for December 7th Joint Meeting With the Budget Committee and School Committee at the Tiverton High School Library
Received From Tiverton School Department Regarding Joint Workshop on December 7th in High

School Library and Receipt of School Department Three Year Financial Forecast

Councilor Coulter – Disposition of Essex Library
Request Library Board of Trustees and Town Solicitor Discuss/Confirm Process to be Used in the Repurposing/Disposition of Essex Library
Request Written Report to Town Council Within 60 Days Including But Not Limited to Family Notification/Involvement/Consent, Cy Pres Action, Confirming the Ability to Pay Down Bond Debt With Proceeds of Sale if Sold, etc.



Councilor Coulter – LTFP: Proposal for Policy on Department Discretionary Budget



Councilor Leonard – Wind Turbine and Industrial Park Issues

Present Issues Pertaining to Wind Turbine Installation in the Industrial Park and Other Areas of Tiverton for Council Discussion and Possible Vote on One or More Issues

Town Clerk – Approval of Resolution to General Assembly for Ratification of Charter Amendments From Special Election on November 8th



H – BIDS AND REQUESTS FOR PROPOSALS

Town Administrator – Request Council Approval to Award Bid for Two (2) Modine Heating Units to be Installed at North Tiverton Fire Station to the Lowest Bidder Valcourt Heating, 32 S. Shore Rd, Little Compton in the Amount of $5,182.00 to be Paid by Federal Energy Grant



Town Maintenance – Request Authorization to Solicit Bids for Fencing at Bulgarmarsh Park to be Paid by DEM Federal Grant Monies



I - TOWN ADMINISTRATOR ANNOUNCEMENTS, COMMENTS AND QUESTIONS


J – COUNCIL ANNOUNCEMENTS, COMMENTS AND QUESTIONS


K – TOWN SOLICITOR – ANNOUNCEMENTS, COMMENTS AND QUESTIONS

Brief Update on Tiger Tree/James Pelletier v Tiverton
Email Received From Attorney Scott
Report Received From DEM on 11/17/2011 Inspection



Tiverton School Committee v. Town of Tiverton
Letter From School Committee Dated November 16th Regarding Board of Regents Decision

L- TOWN CLERK ANNOUNCEMENTS

Scheduling of Council Meeting December 27, 2011



Updating Council of Notices to Require Businesses With Unpaid Taxes to Close

as Directed Under Subject to Meeting All Legal Requirements

5. CLOSED EXECUTIVE SESSION

A portion of this meeting may be held in executive session pursuant to the Open Meeting Law, Section 42-46-5(a) of the General Laws of Rhode Island, 1956 (1986 Reenactment), as amended

6. ADJOURNMENT Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

Tiverton Town Council Meeting 11-14-2011

TIVERTON TOWN COUNCIL AGENDA
Tiverton Town Hall
343 Highland Road
Tiverton, Rhode Island 02878

Regular Meeting: Monday, November 14, 2011 at 7:00 p.m.

NOTE: Individuals requesting interpreter services for the hearing impaired must contact the Town Clerk’s Office
at 343 Highland Road or call (401) 625-6704 forty-eight (48) hours in advance of the meeting date.

DATE POSTED: 11-10-2011

1.

PLEDGE OF ALLEGIANCE TO THE FLAG

2.

ROLL CALL
Jay Lambert-President
Cecil E. Leonard-Vice President
Joan B. Chabot
Robert D. Coulter

3.

APPROVAL OF CONSENT AGENDA
All items listed with a (CA) are to be considered routine by the Town Council and will 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, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

4.

A. BUSINESS BROUGHT BEFORE THE COUNCIL

CONSENT AGENDA:

(C.A.) 1.

(C.A.) 2. Receipt of Minutes from the Following Boards, Commissions
a. Fogland Beach Oversight Committee
b. Historic Preservation Advisory Board
c. Recycling/Landfill Committee
d. Personnel Board (2)
e. Cemetery Commission
f. Conservation Commission
g. Zoning Board of Review

(C.A.) 3. Correspondence – Receive and File
a. Resolution in Support of Pension Reform Received From
Burriville Town Council
Westerly Town Council
Smithfield School Committee
Lincoln Town Council
East Greenwich Town Council
Exeter-West Greenwich School District
North Smithfield School Committee
Jamestown Town Council
Foster-Glocester Regional School District

David M. Nelson
Brett N. Pelletier
Edward Roderick

a. Approval of Executive Session Minutes from Regular Council Meeting October 24, 2011

Received From Jamestown Town Council– Resolution Regarding Opposition to Tolls for
Newport Pell Bridge Tours
c. Received From Jamestown Town Council – Resolution Opposing Tax on Tours
d. Received From Tiverton Prevention Coalition Regard Drug Free Communities Support Grant

b.

e. Received From Middletown Town Council – Resolution Requesting National Grid to Implement Proper Preventative Maintenance Measures

(C.A.) 4. Approval of Tax Assessor Abatements

(C.A.) 5. Town Administrator - Distribution of Police Pension Plan Investment Portfolio Review and Police Pension Plan Actuarial Report

(C.A.) 6. Received From Kate Michaud, Administrative Officer
a. Activities Report for September and October 2011
b. Status Update on Outdoor Hydronic Heaters

(C.A.) 7. Town Administrator -Authorization of Open Space Memorandum of Understanding with Tiverton Land Trust for Management of Property Land Trust is Purchasing Adjacent to Ft. Barton

(C.A.) 8. Approval of Town Council Annual Calendar for 2012 Council Meetings

(C.A.) 9. Recommendations Received From Tiverton Planning Board – Referred to Town Solicitor, Town Administrator and Street Committee for Recommendations on November 14th Meeting – Continued to November 28th Meeting
a. Acceptance of West DeMello Drive
b. Countryview Estates Performance Surety
c. Acceptance of Winterberry Woods Major Subdivision Streets
d. Acceptance of Knotty Pine Extension Minor Subdivision Streets

(C.A.) 10. Councilor Coulter – Request Formal Report of Town Treasurer and Town Administrator Detailing
Custody of Funds and Related Communications Regarding Fall River Tuitions – Referred to Town
Administrator and Town Treasurer to Respond for December 12th Meeting

(C.A.) 11. Councilor Coulter – Request Clerk of Council Prepare Report on Pending Legislation Sponsored by
Tiverton Delegates to General Assembly for Future Meeting – Referred to Town Clerk

(C.A.) 12. Councilor Coulter – Request Report on Disposition of Nonquit School, Ranger school and
Community Center – Referred to Town Administrator for November 28th Meeting

A-1 OPEN PUBLIC FORUM

Public Forum for Announcements, Comments, Questions

B –PUBLIC HEARINGS & PUBLIC PRESENTATIONS

1. East Bay Energy Consortium - Garry Plunkett – Brief Presentation on Wind Energy Project

2. Proposed Ordinance Adoption on Limits to the Number of Liquor Licenses

a. Joseph Faria, Susan’s Restaurant - Request Council Consideration to Increase Number of BV
(Full Liquor) Licenses Authorized From 15 to 16 and Possible Authorization for Advertisement of
Public Hearing
b. Police Chief Report of Liquor Licenses in Other Communities

C. BOARD OF LICENSING

PUBLIC HEARING - ADVERTISED

1.Junkyard and Second Hand Dealer License Renewals December 1, 2011-November 30, 2012
See Attached List

2.Liquor License Renewals – December 1, 2011 to November 30, 2012
See Attached List

NON ADVERTISED LICENSE RENEWALS (December 1, 2011 to November 30, 2011)
3. Tobacco Dealer’s Licenses Renewals – Attached List
4. Victualling License Renewals – Attached List
5. Holiday License Renewals – Attached List
6. Street Excavator License Renewals – Attached List
7. Entertainment License Renewals – Attached List
8. Flea Market License Renewal – 177 Flea Market, 1560 Bulgarmarsh Road
9. Mobile Home-Park License Renewals – Attached List
10. Petroleum Storage License Renewals – Attached List
11. Manufactured Home Elderly Community License Renewal

D - APPOINTMENTS & RESIGNATIONS:

E - UNFINISHED BUSINESS:

F – FINANCIAL BUSINESS:

G - NEW BUSINESS:

1. Councilor Coulter – Determine Process/Timing to Fill Budget Committee Vacancy

2. Councilor Lambert – Correspondence of Christopher Cotta Dated October 31, 2011
a. Letter from Mr. Cotta to Town Council Dated October 31, 2011
b. Letter from Susanne Greschner Chief Dept of Municipal Finance to Mr. Cotta Dated October 26th
c. Letter From Mr. Cotta to Ms. Greschner at Division Municipal Finance Dated October 6, 2011

3. Councilor Nelson - Review FTR Process – Identify Key Points and Preparation
4. Councilor Leonard - Submission of Changes to Town Charter to General Assembly
5. Councilor Lambert - Discussion of Process for Implementation of Charter Changes

H – BIDS AND REQUESTS FOR PROPOSALS

I - TOWN ADMINISTRATOR ANNOUNCEMENTS, COMMENTS AND QUESTIONS

J – COUNCIL ANNOUNCEMENTS, COMMENTS AND QUESTIONS

K – TOWN SOLICITOR – ANNOUNCEMENTS, COMMENTS AND QUESTIONS

1. Brief Update on Tiger Tree/James Pelletier v Tiverton
a. Inspection Report of DEM 11/3/2011

2. Tiverton School Committee v. Town of Tiverton
a. Written Decision of Board of Regents
b. Disclosure of Authorization for Supreme Court Appeal

Bay Street – EPA Notice of Potential Liability

3.

4. Disclosure of Executive Session Settlement Votes
a. Jerome – Bud Way
b. Raposa v. David Robert
c. Miguel v. Tiverton

L- TOWN CLERK ANNOUNCEMENTS

5.CLOSED EXECUTIVE SESSION

1. Solicitor – Litigation – 42-46-5(a)(2)
a. Bay Street Contamination – Bob Hoffman, Hoffman Engineering
b. Tiverton School Committee v. Town of Tiverton

2. Councilor Chabot – Litigation -42-46-5(a)(2) – Status Report on All Pending Litigation

3. Town Administrator – Collective Bargaining – 42-46-5(a)(2) – Teamsters

4. Councilor Chabot – Personnel – 42-46-5(a)(1) – Performance Evaluation of Town Administrator
Notice Provided

A portion of this meeting may be held in executive session pursuant to the Open Meeting Law, Section 42-
46-5(a) of the General Laws of Rhode Island, 1956 (1986 Reenactment), as amended

6.ADJOURNMENT Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”