WORK SESSION

 

APRIL 10, 2017

 

At a WORK 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 10^th day of April 2017 at 6:45 PM.

 

            PRESENT:    Margaret M. Healy, President

                                    Abel G. Collins, Vice President

                                    Bryant C. DaCruz

                                    Liz Gledhill

                                    Joe Viele

 

1.         A.        INTERVIEWS

 

The Town Council interviews Kenneth Burke relative to his interest in serving on the Bicycle – Pedestrian Advisory Committee.

 

The Town Council interviews Erin Pierce relative to her interest in serving on the South Kingstown Partnership for Prevention.

 

1.         B.        WORK SESSION

 

Discussion ensues relative to the construction on High Street. 

 

Discussion ensues relative to an email received April 4, 2017 from Wayne and Patricia Hawksley in regard to the wedding of their daughter scheduled to be held at the Farmhouse By the Sea at 155 Cards Pond Road, Matunuck on June 10, 2017. 

 

Discussion ensues relative to Communication Item 8G dated March 29, 2017 from Maria H. Mack, Chair, Planning Board requesting adoption of a resolution in opposition to legislation pending in the General Assembly (companion bills H 5475 and S 0481) that seeks to reduce the required time frames for Planning Board decisions on major subdivisions and land development projects, and may impose financial penalties.

 

Discussion ensues relative to the Planning Board’s work schedule and agenda.

 

Discussion ensues relative to Public Hearing 7A in regard to an application for a Class B Limited Liquor License by Uptown Burger Bar, LLC, 36 South County Commons Way, Wakefield, RI by Gregory Stevens, sole member for all seating areas inside the restaurant, located in the western half of the 1^st floor of Building #4, and in accordance with a Special Use Permit granted December 21, 2016 by the Zoning Board of Review.

 

Discussion ensues relative to New Business Item 13A affirming or amending the Town’s Liquor License Rules and Regulations as they relate to the number of Liquor Licenses in each class. 

 

Discussion ensues relative to Communication Item 8A dated March 20, 2017 from James King informing the Council that he has moved out of town and thanking them for the opportunity to serve on the Zoning Board of Review.

 

Discussion ensues relative to Communication Item 8B dated March 23, 2017 from Steven Brown, Executive Director, American Civil Liberties Union (ACLU) of Rhode Island proposing a Municipal Immigration Protection Ordinance for RI Cities and Towns.

 

Discussion ensues relative to Communication Item 8C dated March 27, 2017 from Rosanne Zimmerman, RI Coalition Against Gun Violence requesting adoption of a resolution in support of legislation banning concealed firearms on school grounds (House Bill H 5345 and Senate Bill S 0187).

 

Discussion ensues relative to Communication Item 8D from Donna Tschuta, owner, Massage on Main, concerning one-hour parking limits on Main Street.  Ms. Tschuta is unavailable this evening and has requested that the communication be continued to the Town Council’s next meeting on April 24, 2017.

 

Discussion ensues relative to Communication Item 8F dated March 31, 2017 from Hugh Tiner, Jr. concerning requirements to qualify for veterans’ exemptions.

 

Discussion ensues relative to New Business Item 13J, an authorization for advertisement of a Public Hearing relative to an application for expansion of a Class B Victualler Liquor License filed by SWT, LLC d/b/a Salt Water Tavern, 195 Main Street, Wakefield, RI by Scott Sogard, Managing Member.  Applicant requests permission to expand the area in which alcoholic beverages may be served to include a new patio area, including a 13 stool bar, located in the former alley way to the west of the building, in accordance with a Special Use Permit granted June 15, 2016 by the Zoning Board of Review.

 

Discussion ensues relative to New Business Item 13E authorizing the Tax Assessor to abate taxes in the total amount of $23,328.21.

 

Discussion ensues relative to an application before the Zoning Board of Review for a Special Use Permit for an Alcohol Rehabilitation Facility to go in on Columbia Street where the former Forbes Funeral Home was located. 

 

Discussion ensues relative to the parking arrangement that the Salt Water Tavern has with Peter Storti on the former Forbes Funeral Home location and with the Cinema across the street. 

 

Convened to Regular Session.

 

Dale S. Holberton, CMC

Town Clerk

 

 

 

 

REGULAR SESSION

 

APRIL 10, 2017

 

 

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 10^th day of April 2017 at 7:30 PM.

 

            PRESENT:    Margaret M. Healy, President

                                    Abel G. Collins, Vice President

                                    Bryant C. DaCruz

Liz Gledhill

                                    Joe Viele

 

 

 

1.         C.        REGULAR SESSION

 

2.         PLEDGE OF ALLEGIANCE TO THE FLAG

 

The Pledge of Allegiance to the flag is given.

 

3.         ROLL CALL

 

Roll Call is taken and all members are present.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on March 7 and March 27, 2017 are accepted, approved and placed on file.

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on March 27, 2017 are accepted, approved and placed on file.

 

5.         CONSENT AGENDA

 

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

 

(CA)    6B.      UNANIMOUSLY VOTED: to grant a Victualling License to Kasbac, LLC d/b/a McDonald’s Restaurant, 140 Old Tower Hill Road, Wakefield, RI 02879. Application by Paul V. Farren, Manager, 128 Union Street, Suite 504, New Bedford, MA 02740; Renewal. License No. BS-16-248.

 

(CA)    8A.      UNANIMOUSLY VOTED: that a communication dated March 20, 2017 from James King informing the Council that he has moved out of town and thanking them for the opportunity to serve on the Zoning Board of Review is received and placed on file. (3/30/2017 Interim, Item B.)

 

(CA)    8H.      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.”

 

(CA)    13F.    UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Zoning Ordinance relative to Article 3. Use Regulations, Article 5. Supplementary Regulations, Article 6. Overlay Zones, Special Zones and Special Management Districts, and Article 12. Definitions pertaining to the regulation of marijuana related uses, including the proposed new uses of Marijuana Retail Facility, Marijuana Cultivation Facility and Marijuana Emporium.

 

(CA)    13G.    UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, Article I. In General relative to Veterans exemptions. 

 

(CA)    13H.    UNANIMOUSLY VOTED: that Civil Action File Number WC-2017-0121 filed by Kevin M. Daley, Esquire on behalf of his clients, Judith Berg and Glen Berg relative to an incident that occurred on or about July 16, 2015 be referred to the Town Solicitor and the Town’s insurance carrier.

 

(CA)    13I.      UNANIMOUSLY VOTED: to grant the joint petition of National Grid and Verizon New England 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 relocate Pole #1 and install a new utility pole labeled #1-50 on Matunuck School House Road as described in Joint Petition #23114222, conditioned upon the removal of all existing double poles along the entire length of Matunuck School House Road 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 April 6, 2017 and entitled “National Grid Pole Setting Request – Matunuck School House Road.” Book 6, Page 1.

 

(CA)    13J.    UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for expansion 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

 

Application for expansion of a Class B Victualler Liquor License filed by SWT, LLC d/b/a Salt Water Tavern, 195 Main Street, Wakefield, RI by Scott Sogard, Managing Member.  Applicant requests permission to expand the area in which alcoholic beverages may be served to include a new patio area, including a 13 stool bar, located in the former alley way to the west of the building, in accordance with a Special Use Permit granted June 15, 2016 by the Zoning Board of Review; and as further defined in a site plan dated April 4, 2017 on file in the Town Clerk’s office. 

 

(CA)    13K.    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.”

           

7.         PUBLIC HEARING

 

A.        Notice having been duly given, a Public Hearing is held relative to 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:

 

CLASS B LIMITED LIQUOR LICENSE

 

Application for a Class B Limited Liquor License by Uptown Burger Bar, LLC, 36 South County Commons Way, Wakefield, RI by Gregory Stevens, sole member for all seating areas inside the restaurant, located in the western half of the 1^st floor of Building #4, and in accordance with a Special Use Permit granted December 21, 2016 by the Zoning Board of Review; and as further defined in a site plan dated March 3, 2017 on file in the Town Clerk’s office.

 

Gregory Stevens is present with his attorney, John Kenyon and testimony is given.

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

13A.    New Business Item 13A is brought forward, and it is

UNANIMOUSLY VOTED: to amend the Town’s Liquor License Rules and Regulations, Section I. The current number of licenses for each class shall be authorized as indicated below, unless changed by a majority vote of the Town Council:

 

Class                                                              Number

 

A – Retail                                                       4 maximum

B – Victualler                                                27

B – Tavern                                                     2

B – Limited                                                    2          3

B – Hotel                                                        1

B – M                                                              0

C                                                                     0

D – Club Full Privilege                               1

D – Limited                                                    0

F                                                                      Five per year per organization

F – 1                                                               Five per year per organization

T – Legitimate Theater                                2

 

7A.      The Town Council returns to a decision on the Public Hearing, and it is

 

UNANIMOUSLY VOTED: to grant 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:

 

CLASS B LIMITED LIQUOR LICENSE

 

Application for a Class B Limited Liquor License by Uptown Burger Bar, LLC, 36 South County Commons Way, Wakefield, RI by Gregory Stevens, sole member for all seating areas inside the restaurant, located in the western half of the 1^st floor of Building #4, and in accordance with a Special Use Permit granted December 21, 2016 by the Zoning Board of Review; and as further defined in a site plan dated March 3, 2017 on file in the Town Clerk’s office. License No. AL-17-3.

 

Said license is 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.

 

LICENSES

 

A.        UNANIMOUSLY VOTED: to grant a Victualling License to Uptown Burger Bar, LLC, 36 South County Commons Way, Wakefield, RI 02879. Application by Gregory Stevens, sole member, 60 Ides Hill Lane, Attleboro, MA 02703; New. License No. BS-17-9.

 

8.         COMMUNICATIONS

 

B.        UNANIMOUSLY VOTED: that a communication dated March 23, 2017 from Steven Brown, Executive Director, American Civil Liberties Union (ACLU) of Rhode Island proposing a Municipal Immigration Protection Ordinance for RI Cities and Towns is received and placed on file. (3/30/2017 Interim, Item C.)

 

C.        A communication dated March 27, 2017 from Rosanne Zimmerman, RI Coalition Against Gun Violence requesting adoption of a resolution in support of legislation banning concealed firearms on school grounds is considered.

 

Rosanne Zimmerman is present and discusses her request.

 

The following are present and offer comments:

 

Judy Parker

Sally Davis

Chris Hubbard

Justin Bristol

Brad Hevenor

Barbara Swanson

Wendy Bowen

 

Interim Police Chief Joseph P. Geaber, Jr. indicates that the RI Police Chief’s Association supports these bills.

 

Discussion ensues, and it is

 

VOTED: that a communication dated March 27, 2017 from Rosanne Zimmerman, RI Coalition Against Gun Violence requesting adoption of a resolution in support of legislation banning concealed firearms on school grounds (House Bill H 5345 and Senate Bill S 0187) is received, placed on file, and the Town Council voted to support this legislation. (3/30/2017 Interim, Item I.)

 

Councilman Viele voted no.

 

D.        UNANIMOUSLY VOTED: that a communication from Donna Tschuta, owner, Massage on Main, concerning one-hour parking limits on Main Street be continued to April 24, 2017. (4/6/2017 Miscellaneous, Item II B.)

 

E.        UNANIMOUSLY VOTED: that a communication from Erin Stewart, Girl Experience Specialist, inviting Council members to attend the Girl Scouts Shine Ceremony on May 20^th at which Wakefield Scouts Kate DeBoer and Elysandra Larlham will receive their Gold Awards is received, placed on file, and the Town Council directs that resolutions be prepared for presentation. (4/6/2017 Miscellaneous, Item II C.)      

 

F.         UNANIMOUSLY VOTED: that a communication dated March 31, 2017 from Hugh Tiner, Jr. concerning requirements to qualify for veterans’ exemptions is received and placed on file. (4/6/2017 Miscellaneous, Item II D.)

 

G.        Discussion ensues relative to a communication from the Planning Board seeking support for their opposition to legislation that would affect Planning Boards in their review of major subdivisions and land development projects, and it is

 

UNANIMOUSLY VOTED: that a communication dated March 29, 2017 from Maria H. Mack, Chair, Planning Board requesting adoption of a resolution in opposition to legislation pending in the General Assembly (companion bills H 5475 and S 0481) that seeks to reduce the required time frames for Planning Board decisions on major subdivisions and land development projects, and may impose financial penalties, is received, placed on file, and the Town Council voted to oppose House Bill H 5475 and Senate Bill S 0481. (4/6/2017 Miscellaneous, Item II E.)

 

9.         COMMENTS FROM INTERESTED CITIZENS – none

 

10.       TOWN MANAGER’S REPORT

 

The Town Manager’s Interim Report dated March 30, 2017, and the Agenda and Miscellaneous Reports dated April 6, 2017 are accepted, approved and placed on file.

 

11.       TOWN SOLICITOR’S REPORT

 

The Town Solicitor gives a brief report on the status of the Matunuck Seawall Protection Project.

 

12.       APPOINTMENTS

 

A.        UNANIMOUSLY VOTED: to appoint Erin M. Pierce to the South Kingstown Partnership for Prevention to fill a term to expire in June 2017.

 

UNANIMOUSLY VOTED: to reappoint Maria H. Mack, Joseph T. Murphy and Elise Ann Torello to the Planning Board for terms to expire in May 2020.

 

UNANIMOUSLY VOTED: to reappoint Edward A. Melchiori to the Building and Minimum Housing Code Boards of Appeals for a term to expire in June 2022.

 

13.       NEW BUSINESS

 

B.        UNANIMOUSLY VOTED: to affirm a proclamation presented on April 2, 2017 to Scott Frederick DeBoer for attaining the rank of Eagle Scout, as follows:

 

SCOTT FREDERICK DEBOER

 

WHEREAS,  SCOTT FREDERICK DEBOER is a member of Troop #1 in Kingston and 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 he has spent numerous years educating himself on how to be a better citizen of  our community, state and nation and has learned the importance of integrity and leadership, and

 

WHEREAS,  for SCOTT’S final Eagle Project he spent countless hours working with the Animal Rescue Rhode Island, a local non-profit agency, to make no-sew polar fleece blankets for the cat cages at the Animal Rescue Rhode Island.  He developed a detailed plan to complete all the tasks required, organized all the people required to get the job done, obtained all the materials, and executed the project with great success, 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. 

 

C.        UNANIMOUSLY VOTED: to affirm a proclamation presented on April 2, 2017 to Ryan Levy for attaining the rank of Eagle Scout, as follows:

 

RYAN LEVY

 

WHEREAS, RYAN LEVY 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,  he has attained the rank of Eagle Scout by passing all rank advancements, completing numerous merit badges, demonstrating leadership in his troop, and completing a service project benefiting the community, and

 

WHEREAS,  his Eagle Project was to make trails for the Animal Rescue Rhode Island which implemented a number of skills including planning, organizing, and leadership.   Leading other scouts to complete this project was a personal challenge and gave him confidence in his abilities.  Having people support and encourage him along the way enhanced his scouting experience, and

 

WHEREAS,  this accomplishment of becoming an Eagle Scout brings pride to himself and honor to his KINGSTON TROOP #1, his family, and to his community; may this be a preview of his future dedication to a purpose and service – to pursue until he attains the goal that 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.

 

D.        UNANIMOUSLY VOTED: to affirm a proclamation presented on April 2, 2017 to Joel White for attaining the rank of Eagle Scout, as follows:

 

JOEL WHITE

 

WHEREAS,  JOEL WHITE 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,  he has attained the rank of Eagle Scout by completing numerous merit badges, demonstrating leadership in his troop, and completing a service project benefiting the community, and

 

WHEREAS,  for his Eagle Project he conducted a pet food drive for Animal Rescue Rhode Island (ARRI): his goal was to collect 1,000 pounds of food, but he was able to collect over 3,000 pounds.  The collected food was donated to the ARRI Community Food, which partners with the Jonnycake Center of Peace Dale to provide emergency assistance to pet owners in need.  In addition he led a team of scouts in creating a 4’ x 8’ bulletin board and a wooden bench for ARRI’s new shelter, and

 

WHEREAS,  this accomplishment of becoming an Eagle Scout brings pride to himself and honor to his KINGSTON TROOP #1, his family, and to his community; may this be a preview of his future dedication to a purpose and service – to pursue until he attains the goal that 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.

 

E.        UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $23,328.21, as shown on Tax Abatement Request No. 538.

 

UNANIMOUSLY VOTED:  to adjourn at 8:26 PM.

 

Dale S. Holberton, CMC

Town Clerk