At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 12^th day of December 2005 at 7:30 PM.

 

            PRESENT:    Mary S. Eddy, President

Kathleen A. Fogarty, Vice President

Cynthia B. Gleason

James W. O’Neill

Paul Tasich

 

 

The Pledge of Allegiance to the flag is led by Michael Mangiante, Boy Scout Troop 1 Kingston.

 

Roll Call is taken and all members are present.

 

UNANIMOUSLY VOTED: to move New Business Item 13A forward and to approve a proclamation in honor of Michael John Mangiante of Boy Scout Troop 1 Kingston for attaining the rank of Eagle Scout, as follows:

 

MICHAEL JOHN MANGIANTE

 

WHEREAS,  MICHAEL JOHN MANGIANTE, a member of Troop #1 in Kingston and a student at The Prout School has devoted his time and his energy to complete the requirements of and participate in such a worthwhile organization as the Boy Scouts of America, and

 

WHEREAS,  in his quest to achieve the designation of Eagle Scout his accomplishments have been many, having earned 22 merit badges and serving in several leadership positions including patrol leader, troop librarian and Assistant Senior Patrol Leader for his troop, and

 

WHEREAS,  he received the “2004 Volunteer Award for Outstanding Service” from the South Kingstown Parks and Recreation Department for his final Eagle Project, where through his efforts and coordination, ten wooden walkways were constructed across the low-lying wet areas of the hiking trail at Old Mountain Field, improving the trails for all citizens to enjoy, and

 

WHEREAS,  he has attained the highest most prestigious award in Boy Scouting, the Eagle Scout Award, bringing pride to himself and honor to Troop 1 Kingston, his family, and to his community; may this be a prelude of his future dedication to a purpose and service, until he accomplishes the goal he is seeking.

 

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby extend our congratulations for a job well done and best wishes for success in all future endeavors. 

 

The proclamation is presented to Michael Mangiante.

 

UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on November 19, November 21, November 28 and November 29, 2005 are accepted, approved and placed on file.

 

UNANIMOUSLY VOTED: that the minutes of the Regular Session held on November 28, 2005 are accepted, approved and placed on file.

 

UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.

 

UNANIMOUSLY VOTED: to grant a Victualling License to RONZIO PIZZA, 50 Lower College Road, Kingston, RI 02881.  Application by David Turchetta, 24 Jessica Lane, Wakefield, RI 02879; Renewal.  License No. 10265.

 

UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:

 

PAYLESS SHOESOURCE #5527, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Cheryl Falk, Tax Supervisor, 3231 SE 6^th Street, Topeka, KS 66607-2207. License No. 10267.

 

THE PURPLE COW CO., 205 Main Street, Wakefield, RI 02879. Application by Johanna G. Witham, 946A Tuckertown Road, Wakefield, RI 02879. License No. 10268.

 

UNIVERSITY SPIRIT, 99 Fortin Road, Kingston, RI 02881. Application by Robert W. Marshall, 639 Central Avenue, Pawtucket, RI 02861. License No. 10269.

 

UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:

 

ALTERNATIVE FOOD COOPERATIVE, 357 Main Street, Wakefield, RI 02880-5278. Application by Lauren Morris, P.O. Box 5278, Wakefield, RI 02880-5278. License Nos. 10270, 10271.

 

JYD AT URI, INC. d/b/a SPIKE’S JUNKYARD DOGS, 120 Fortin Road, Kingston, RI 02881. Application by Peter G. Henderson, 103 Martin Street, Pawtucket, RI 02861. License Nos. 10272, 10273.

 

KINGSTON CONVENIENCE MART, 2360 Kingstown Road, Kingston, RI 02881. Application by Ozcan Eteman, 95 Manville Hill Road, Cumberland, RI 02864. License Nos. 10275, 10276.

 

UNANIMOUSLY VOTED: to grant a Private Detective License to JOHN J. SULLIVAN, 21 Noel Court, Wakefield, RI 02879. Application by John J. Sullivan, 21 Noel Court, Wakefield, RI 02879; Renewal. License No. 10277.

 

UNANIMOUSLY VOTED: to grant a Game Room License to ATLAS VENDING INC., URI Student Union, 50 Lower College Road, Kingston, RI 02881. Application by Eric Parrillo, President, 1106 North Main Street, Providence, RI 02904; Renewal. License No. 10278.

 

UNANIMOUSLY VOTED: to grant a Laundry License to LITTLE REST LAUNDRY, LLC d/b/a LITTLE REST LAUNDROMAT, 100 Fortin Road, Unit 1, Kingston, RI 02881. Application by Zach Schartner, 188 Kingstown Road, Narragansett, RI 02882; Renewal. License No. 10279.

 

UNANIMOUSLY VOTED: that a resolution adopted November 14, 2005 by the North Kingstown Town Council in support of increased federal and state efforts concerning the prevention, education, treatment and research activities relative to Lyme and other tick-borne diseases is received and placed on file. (12/1/2005 Interim, Item D.)

 

UNANIMOUSLY VOTED: that a communication dated December 1, 2005 from Councilman James O’Neill requesting consideration of amendments to the Town Code relative to construction activities is received, placed on file, and referred to the Work Session on December 19^th. (12/1/2005 Interim, Item H.)

 

UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with 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.”

 

UNANIMOUSLY VOTED: to grant the joint petition of Narragansett Electric Company and Verizon for the use of the public ways named for the purposes stated in said petition, and that the work be done subject to the supervision of the Director of Public Services, as follows:

 

To set poles #26 and 26¾ on Carpenter Drive as described in Petition No. 202450, conditioned upon the removal of all existing double poles along the entire length of Carpenter Drive prior to new pole(s) placement; and any new double pole created as part of this request be removed within sixty (60) calendar days of new pole(s) placement, and subject to notification to the Town for municipal utility mark-out prior to setting the poles.  Said petition is further described in a memorandum from the Public Services Director to the Town Manager dated November 30, 2005 and entitled: “Narragansett Electric Pole Setting Request – Carpenter Drive.” Book 5, Page 3.

 

UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:

 

CLASS B VICTUALLER LIQUOR LICENSE

 

Transfer of a Class B Victualler Liquor License from Giro’s Management, Inc. d/b/a Giro’s Restaurant, 501 High Street, Wakefield, RI by J. Patrick McNamara, President to Giro’s Restaurant & Grill, LLC d/b/a Giro’s Restaurant, 501 High Street, Wakefield, RI by Daniel Driscoll, Managing Member for the first floor dining room and bar area, and as further described in a site plan on file in the Town Clerk’s Office.

 

UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with 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.”

 

UNANIMOUSLY VOTED: to defer consideration of License Item 6A until after the Public Hearing on the application for a Class B Victualler Liquor License.

 

Notice having been duly given, a Public Hearing is held to consider an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows; said license is granted contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, compliance with all Town Ordinances and regulations, the payment of any municipal taxes and user fees in arrears to the Town, and the correction of any fire code violations:

 

CLASS B VICTUALLER LIQUOR LICENSE

 

Application for a Class B Victualler Liquor License filed by MDM Enterprises, Inc. d/b/a/ Gusto’s Grill, Bar & Pizzeria, 3033 Tower Hill Road, Wakefield, RI by Mark A. Siegel, President for the dining and bar areas, in accordance with a Special Use Permit granted by the Zoning Board of Review on October 26, 2005; and as further described in a site plan on file in the Town Clerk’s Office.  

 

A communication dated November 15, 2005 from the Zoning Board of Review relative to their decision of October 26, 2005 to grant the petition of KSL Realty North Providence, LLC for a Special Use Permit to operate a restaurant authorized to sell alcoholic beverages for property identified as AP 18-2, Lot 11, is received and placed on file. 

 

A communication dated December 6, 2005 from Carolyn Mannis, Esquire on behalf of the Eastwoods objecting to this Pubic Hearing is received and placed on file.

 

A communication dated December 9, 2005 from URI President Robert L. Carothers expressing concerns about the issuance of a liquor license at that location is read and placed on file.

 

The Town Solicitor discusses the Mannis letter.

 

James Reilly, Esquire gives a presentation on behalf of MDM Enterprises, and discussion ensues.

 

Mark Siegel, President, MDM Enterprises Inc. is sworn in by Council President Eddy and is questioned by the Town Council members regarding the operation of the restaurant. Mr. Siegel submits his resume, which is marked as Exhibit 1.

 

Janice Azevedo, Esquire states that Mr. and Mrs. Eastwood have filed an appeal of the granting of a Special Use Permit.

 

Further comments are made by the following:

 

Robert J. Healy – relative to the questioning by Councilman O’Neill of the applicant

Valerie McGuire – relative to the culture of alcohol consumption

Dr. Michael McLinn – opposed to granting the license

Jonathan Daly LaBelle – in favor of granting the license

Anthony Laraway, President of Tavern On The Hill, Inc. d/b/a Champions comments in regard to restaurant service to the University students.

 

Additional comments are made by the following:

 

Dr. James Prochaska – opposed to granting the license

Barbara Hackey – relative to maintaining consistency in the issuance of liquor licenses

Leslie Chouinard – suggests BYOB as an alternative to granting the license 

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

VOTED: to approve an application for a Class B Victualler Liquor License filed by MDM Enterprises, Inc. d/b/a/ Gusto’s Grill, Bar & Pizzeria, 3033 Tower Hill Road, Wakefield, RI by Mark A. Siegel, President for the dining and bar areas, in accordance with a Special Use Permit granted by the Zoning Board of Review on October 26, 2005; and as further described in a site plan on file in the Town Clerk’s Office. Said approval is granted with the following conditions: the bar is limited to 10 seats with the service of alcohol to be in conjunction with food; there shall be no entertainment; and the restaurant must be constructed in strict compliance with the site plan. Said license is granted contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, compliance with all Town Ordinances and regulations, the payment of any municipal taxes and user fees in arrears to the Town, and the correction of any fire code violations. License No. 2006-35.

 

Eddy – yes    Fogarty – yes                        Gleason – no                        O’Neill – no               Tasich – yes

 

VOTED: to grant a Victualling License to MDM ENTERPRISES, INC. d/b/a GUSTO’S GRILL, BAR & PIZZERIA, 3033 Tower Hill Road, Wakefield, RI 02879 subject to issuance of a Certificate of Occupancy. Application by Mark A. Siegel, President, 77 Cooper Road, Warwick, RI 02886; New. License No. 10283.

 

Eddy – yes    Fogarty – yes                        Gleason – yes          O’Neill – no               Tasich – yes 

 

UNANIMOUSLY VOTED: that a resolution adopted December 5, 2005 by the Exeter Town Council seeking support for their position regarding state aid and school district funding in the pending case, Exeter-West Greenwich Regional School District v. the Town of Exeter, is received and placed on file. (12/8/2005 Miscellaneous, Item II N.)

 

Council President Eddy comments on a meeting to be held on December 15 by the RI Department of Transportation relative to traffic and safety improvements to Dale Carlia Corner; the Town Council work session scheduled for December 19 to discuss Town Charter review and construction activities; and the work session on the Capital Improvement Program scheduled for January 3.

 

Jonathan Daly LaBelle comments on the start of the budget season, and diversification of land use.

 

Councilwoman Gleason comments on Tavern on the Hill, Inc. d/b/a Champions restaurant’s appeal of the Council’s denial of their liquor license renewal application; the Army Corps of Engineers dredging of the Harbor of Refuge and Matunuck as a potential disposal area; and the Council’s dysfunctional behavior.

 

The Town Manager’s Report is accepted, approved and placed on file.

 

The Town Solicitor’s Report is accepted.

 

VOTED: to appoint Lois Hamblet to the Historic District Commission for a term to expire December 2008.

 

Councilman O’Neill abstains.

 

UNANIMOUSLY VOTED: to authorize an award of bid to IKON Office Solutions, Inc., 100 Highland Corporate Park Drive, Cumberland, RI 02864 for the purchase of one Ricoh Afficio Model 2051 copy machine in accordance with all bid specifications in an amount not to exceed $10,089, under a 36 month lease/purchase agreement with corresponding $280.25 monthly payments; and as further described in a memorandum from the Director of Parks and Recreation to the Town Manager dated December 7, 2005 and entitled: “Bid Recommendation for Ricoh Afficio Model 2051 Copy Machine.” Ref. No. R-2006-225.

 

UNANIMOUSLY VOTED:  to adjourn at 10:20 PM.

 

 

Dale S. Holberton, CMC

Town Clerk