August 15, 1988 - Regular Town Council Meeting

At a regular meeting of the Town Council of the Town of Narragansett held Monday, August 15, 1988, at 7:30 p.m., Town Hall.

President Bartolomeo calls the meeting to order and leads those in attendance in pledging allegiance to the flag.

It is unanimously VOTED: That the minutes of the July 18, 1988 Town Council meeting be accepted as presented. (Loontjens - Cronin)

It is unanimously VOTED: To schedule a Public Hearing on September 6, 1988 at 7:30 p.m., Town Hall, on a Petition from James J. DeAngelis, to amend Chapter 246, the Zoning Ordinance, so that "drive-up" or "drive-through" windows would be allowed in B-B General Business District by special exception of the Zoning and Platting Board of Review. (Loontjens - Cronin)

At this time a Public Hearing is conducted on an application for Transfer of Class J Convention Hall Alcoholic Beverage License FROM: SCARBOROUGH ROLLER WAY, INC., d/b/a Ocean Skate, George Lenihan President TO: NARRAGANSETT OCEAN CLUB, a Partnership consisting of Antonio Mollo, Catherine Mollo, George Lenihan and Jane Lenihan, for premises located on the easterly side of South Pier Road, #360, Plat P, lots 284A, 284B.

     Attorney John V. McCloskey is present to represent the Petitioners, noting that this request will not change ownership of the Class J Convention License, only that it will be held as a partnership rather than a corporation.

     President Bartolomeo calls for proponents to this transfer and none are heard. Opponents are called and none are heard. Following consideration, it is unanimously VOTED: That the Public Hearing be closed. (Loontjens - Cronin)

     It is further unanimously VOTED: That said transfer be granted subject to all local and state regulations. (Loontjens - Cronin)

     PLEASE SEE STENOGRAPHER'S NOTES FOR DETAILS

At this time, it is unanimously VOTED: To conduct a Show Cause Hearing before considering removal of the restrictions for the Bonnet Shores Beach Club. (Loontjens - Fagan)

The Narragansett Town Council sitting as the Board of Licenses, conducts a Show Cause Hearing, as requested by the Police Chief, regarding Class D Club Alcoholic Beverage License alleged violations at the BONNET SHORES BEACH CLUB, Bonnet Point Road, Plat N-S, lots 631, 632, 632A, 633, for the following violations, viz:

1.           On July 3, 1988 the Police inspected the Bonnet Shores Beach Club and observed a bar set up on the sand in the pool area and a live band playing music for customers.

2.           On July 9, 1988, Police inspected Bonnet Shores Beach Club and observed eight (8) people sitting at tables in the pool area. They were being served by a waitress and a bartender.Also observed were six (6) people sitting at tables on the promenade being served by a waitress.

3.           On July 10, 1988, Police inspected the Bonnet Shores Beach Club and observed the bar in the pool area serving ten (10) people standing at the bar. There were also approximately twenty (20) tables set up around the bar.

     Attorney James H. Reilly, represents the Bonnet Shores Beach Club and the Town Solicitor, John V. Kenny, represents the Town of Narragansett.

     Patrolman F. Dean Hoxsie is sworn in and gives testimony. It is unanimously VOTED: That exhibits be marked as follows:

     Town #1 - A Police Report, dated 7/10/88, and signed by Patrolman F. Dean Hoxsie.

     Town #2 - A Police Report, dated 3 July 88 and signed by R. Garlick.

     Town #3 - A Police Report regarding incidents of July 9, 1988 and signed by Lt. Ward D. Barry. (Loontjens - Cronin)

Attorney James H. Reilly introduces two pieces of evidence and it is unanimously VOTED: That these exhibits be marked as follows:

     Exhibit A - A letter to the Town Council from Attorney Reilly dated July 29, 1987, request release of restrictions.

     Exhibit B - A photocopy of the current alcoholic beverage license for Bonnet Shores Beach Club Association. (Loontjens - Fagan)

Following discussion, it is unanimously VOTED: That the Show Cause Hearing be closed. (Cronin - Loontjens)

It is further unanimously VOTED: That the testimony be taken under advisement and that a decision be set for the September 6, 1988 Town Council meeting. (Loontjens - Cronin)

     PLEASE SEE STENOGRAPHER'S NOTES FOR DETAILS

At this time a Public Hearing is conducted on a Petition of Bonnet Shores Beach Club Association, Inc., d/b/a BONNET SHORES BEACH CLUB, Elizabeth DiCarlo, President, by their attorney, requesting removal of the restrictions from their Class D Club Alcoholic Beverage License to allow additional services under their Class D Club Alcoholic Beverage License, viz:

1.       There shall be no bar.

2.       That liquor be served at tables only.

Attorney James H. Reilly addresses the Council regarding this petition, requesting clarification of the status of these restritions, or their removal.

The following exhibits are introduced and it is unanimously VOTED: That they be marked as follows:

     Exhibit #1 Petitions signed by approximately six hundred individuals supporting the Bonnet Shores Beach Club and requesting that the Club be allowed to serve to members and guests within the club and beach area.

     Exhibit #2 Three letters, from John E. Brock, et al, Rosemary P. Pariseault and Clifford W. Hall, requesting restrictions be lifted.

     Exhibit #3 Two letters, in favor of the Club's operations, from a Mr. Friel and Mr. LaSalle. (Loontjens - Cronin)

Following discussion and consideration, President Bartolomeo calls for proponents to this petition and the following are heard, viz: Margaret Sweeney, Lucie Hall, Donald Prosser, Diane Selema, Leo L. Friel, Jr., Dorothy Ishola, Steven Gorden, Jerry Ferraro, Frank Centerine, Ernest Esposito, Anita Langer - Mrs. Langer also presents a communication to the Town Council and it is unanimously VOTED: That this communication be marked Exhibit #4 (Loontjens - Cronin) - Elaine Ruggieri, Kevin Fay, Mary Elizabeth Holland, June Langavan, Eugene Roberto, Margery Finnerin, Patrick Brady and Maureen Sullivan.

     President Bartolomeo calls for Opponents and the following are heard: Walter M. Page, Jerry Carley, Winifred Kelly, Leo Warburton - Mr. Warburton submits petitions signed by approximately 300 individuals protesting any lifting of restrictions on this license and it is unanimously VOTED: That these petitions be marked Exhibit # 5. (Loontjens - Cronin) - Doris Harris.

     Following a summary presentation by Attorney Reilly, it is unanimously VOTED: That the Public Hearing be closed. (Loontjens - Cronin)

     A decision on this petition is set down for the Town Council meeting of September 6, 1988.

     PLEASE SEE STENOGRAPHER'S NOTES FOR DETAILS

At this time, the Narragansett Town Council sitting as the Board of Licenses, considers a Show Cause Hearing, requested by the Police Chief, regarding Class B Tavern Alcoholic Beverage License alleged violations at the PIER HOUSE INN, INC., located at Ocean Road, #113, Plat D., lot 195, for the following violations, viz:

1.           That on July 14, 1988 at 1:09 a.m., officers responded to a disturbance at the north side of the Pier House Inn property. Two male subjects were fighting when officers arrived. A crowd of 25 people was watching. Further investigation revealed that one subject was under the age of 21 years and admitted to have been served without being asked for identification.

2.           That on July 19, 1988 at 7:15 p.m., officers observed four males sitting at the patio whom they knew to be underage. Further investigation resulted in two of these males being arrested for underage drinking and the bartender being arrested for sales to a minor.

3.           That on July 22, 1988 at 9:55 a.m., a citizen made a complaint that early that morning (at closing time) a large group of people leaving the Pier House Inn had caused a disturbance by yelling obscenities and urinating on the sidewalk. In the morning, he also found that his vehicle had been vandalized.

(These along with other complaints from the Police Department and also from the Building Inspector's Office.)

Attorney Joseph J. Altieri is present, representing the owners of the Pier House Inn and Town Solicitor John V. Kenny, represents the Town of Narragansett.

     Mr. Altieri cites GL 3-5-23 and states that the Building Inspector's objections have nothing to do with the general laws covering alcoholic beverage licenses. This objection is noted for the record.

     The following individuals are sworn and testify: David J. Crook, Sr., Town Sergeant, James J. Martin, Police Chief, and Lt. Billy P. Wall, Policeman.

     It is VOTED: That the following Exhibits be entered into the record and marked:

     Exhibit #1 - Citation served on James S. Toro, Pier House Inn.

     Exhibit #2 - Police Report #88-0890 submitted by Lt. Wall.

     Exhibit #3 - Police Report #88-1899 submitted by Lt. Wall.

     Exhibit #4 - Police Report #88-0955 submitted by Lt. Wall.

(Loontjens - Cronin)

     Vote is recorded as follows: Aye - Council President Bartolomeo and Council Members Cronin, Fagan and Loontjens. No - Council Member Hoxsie.

Patrolman Denise E. Owens is sworn in and testifies. It is unanimously VOTED: That the following be marked as an Exhibit:

     Exhibit #5 - Police Report 88-1009 submitted by Patrolman Owens. (Loontjens - Cronin)

Police Report #88-1630 is submitted as Exhibit #6 and following questioning by Mr. Altieri, it is unanimously VOTED: That this Exhibit be removed from the record.

Patrolman Gerald David Driscoll is sworn in and testifies.

It is unanimously VOTED: That the following be marked as Exhibits:

     Exhibit #7 - Police Report #88-1264 by Patrolman Driscoll.

     Exhibit #8 - Report No 88-NCG by Patrolman Driscoll.

     Exhibit #9 - Report No 88-08-49 by Patrolman Driscoll.

     Exhibit #10 - Report No 88-0954 by Patrolman Driscoll.

     Exhibit #11 - Report No 88-1704 by Patrolman Driscoll. (Loontjens - Cronin)

Patrolman William McGovern is sworn and testifies. It is unanimously VOTED: That the following be marked as an Exhibit:

     Exhibit #12 - Report #88-1545 by Patrolman McGovern. (Loontjens - Cronin)

Patrolman Randall D. Shields is sworn and testifies. It is VOTED: That the following be marked as an Exhibit:

     Exhibit #13 - Report #88-1601 by Patrolman Shields. (Loontjens - Cronin)

     Vote is recorded as follows: Aye - Council President Bartolomeo and Council Members Cronin and Loontjens. No - Council Members Fagan and Hoxsie.

It is VOTED: That the following be marked as an Exhibit:

     Exhibit #14 - Record No 88-NCC by Officer Shields. (Cronin - Fagan)

     Vote is recorded as follows: Aye - Council President Bartolomeo and Council Members Cronin, Fagan and Hoxsie. No - Council Member Loontjens.

It is unanimously VOTED: That the following be marked as an Exhibit:

     Exhibit #15 - Report #88-1330 by Patrolman Shields. (Cronin - Loontjens)

Ronald F. Travers, Building Inspector, is sworn and testifies. Entered as an Exhibit is a letter dated August 1, 1988 from the Building Inspector to the Pier House Inn, Inc. A discussion is held relative to this communication and it is requested that the paragraph dealing with "Item 9 October 1986 decision . . . . . . . ." be excluded from the record. It is unanimously VOTED: That this communication be marked as Exhibit #16. (Loontjens - Cronin)

It is VOTED: That the following be marked as Exhibits:

     Exhibit #17 - An interoffice memorandum from Lt. Barry to Chief Martin, dated 6-15-88.

     Exhibit #18- A Police report dated 6-17-88 submitted by Sgt. Joseph Little.

     Exhibit #19 - Report #88-1329 submitted by Sgt. Jared Randall.

Following discussion and consideration and the lateness of thehour, it is unanimously VOTED: That this Hearing be recessed until Tuesday, August 23, 1988 at 7:30 p.m., Town Hall. (Loontjens - Cronin)

It is unanimously VOTED: That the order of the agenda for the meeting of August 15, 1988 be amended to include items deemed to be necessary for consideration at this time. (Cronin - Loontjens)

It is unanimously VOTED: To grant a Class F Alcoholic Beverage License to South County Museum, by Karen Asher, for a Barbecue on August 27, 1988 at Canonchet Farm. (Cronin - Loontjens)

It is unanimously VOTED: To grant a Class F Alcoholic Beverage License to Michael A. Kenner of Narragansett for a Political Soiree at 75 Kingstown Road on August 28, 1988. (Cronin - Loontjens)

It is unanimously VOTED: To approve the recommendation of the Tax Assessor that real Estate taxes in the amount of $8,363.75 be and are abated or remitted. (Cronin - Loontjens)

It is unanimously VOTED: To approve the Tax Assessor's list of additions to the Real Estate Tax Roll in the amount of $6640.15. (Cronin - Loontjens)

The Council is informed that bids were advertised and solicited for #2 Fuel Oil, Diesel Fuel and Propane Gas. Five concerns responded:

It is unanimously VOTED: To award the bid for #2 Fuel Oil, Diesel Fuel and Propane Gas to the low bidder, Wakefield Branch Fuel Co. (Cronin - Loontjens)

Funding is in individual user departments.

A discussion is held relative to a Voter Initiative Referendum for inclusion on the ballot in November of 1988. Following consideration, motion is made by Council Member Hoxsie, seconded by Council Member Fagan, to submit to the electorate of the Town of Narragansett on referendum ballot at a regular election to be held on the eighth day of November A.D. 1988, Voter Initiative.

     Vote is recorded as follows: Aye - Council Members Fagan and Hoxsie. No - Council President Bartolomeo and Council Members Cronin and Loontjens.

           MOTION DOES NOT CARRY

The Council is informed by Gerald Ramsier, Project Supervisor, Department of Community Development, regarding the Community Center contract, that the architects, Saccoccio Associates, recommend the Town approve Alternative No. 5 to modify the existing floor joists - structural repairs to meet current building code standards.

     It is unanimously VOTED: To approve the addition of Alternative No. 5 to the Community Center contract. (Cronin - Loontjens)