REGULAR SESSION

JANUARY 9, 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 9^th day of January 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 Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on December 12, 2016 are accepted, approved and placed on file.

B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on December 12, 2016 are accepted, approved and placed on file.

5. CONSENT AGENDA

UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of New Business Item 12E.

(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling Licenses to the following; Renewals:

BLUEBIRD CAFÉ, INC., 554 Kingstown Road, Wakefield, RI 02879. Application by Robert B. Shumaker, 17 Nichols Road, Kingston, RI 02881. License No. BS-16-146.

BREAKFAST NOOK INC. II, 575 Kingstown Road, Wakefield, RI 02879. Application by Richard J. Seddon, 196 Spencer Woods Drive, East Greenwich, RI 02818. License No. BS-16-148.

COMFORT CUISINE, INC. d/b/a MIA’S KITCHEN, 99 Fortin Road Unit 108, Kingston, RI 02881. Application by Mia Rao, 265 Richmond Townhouse Road, Richmond, RI 02812. License No. BS-16-166.

GOLDEN JADE, INC., 120 Fortin Road, Kingston, RI 02881. Application by Xiu Yu Cai, 30 Lower College Road, Kingston, RI 02881. License No. BS-16-213.

MOE’S WAKEFIELD LLC d/b/a MOE’S SOUTHWEST GRILL, 600 Kingstown Road, Wakefield, RI 02879. Application by Matt Rusconi, 45 South Main Street, Suite 306, West Hartford, CT 06107. License No. BS-16-291.

NUTRITION DYNAMIX, 593 Kingstown Road, Wakefield, RI 02879. Application by Melissa Impett, 2 Pontiac Road, Narragansett, RI 02882. License No. BS-16-297.

SIMPLY THAI LLC, 99 Fortin Road, Kingston, RI 02881. Application by Jumporn Saetang, 1332 Kingstown Road, Wakefield, RI 02879. License No. BS-16-352.

SWEET ALTHEA’S, 406A Main Street, Wakefield, RI 02879. Application by Kim Curtis, 30 Stedman Court, Wakefield, RI 02879. License No. BS-16-401.

TAYLOR’S LANDING COUNTRY STORE, INC. d/b/a TLC COFFEE, 3362 Kingstown Road, West Kingston, RI 02892. Application by David Turchetta, P.O. Box 245, West Kingston, RI 02892. License No. BS-16-440.

TURNER PROVISIONS LLC d/b/a PIER PIZZA COMPANY, 328 Main Street, Wakefield, RI 02879. Application by Jordan Becker, 10 Lakeview Drive, Narragansett, RI 02882. License No. BS-16-421.

(CA) 6E. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:

JOOLS LLC d/b/a JAVA MADNESS, 134 Salt Pond Road, Wakefield, RI 02879. Application by Mark Lahoud, 24 Cleveland Street, Wakefield, RI 02879. License Nos. BS-16-245, 246.

MATUNUCK BEACH PROPERTIES, INC. d/b/a ROY CARPENTER’S BEACH, 240 Cards Pond Road, Wakefield, RI 02879. Application by Nancy J. Thoresen, President, 62 Birchwood Drive, Narragansett, RI 02882. License Nos. BS-16-275, 276.

SOUTH COUNTY DONUTS, INC. d/b/a DUNKIN DONUTS, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by Robert Batista, 75 Tipping Rock Drive, East Greenwich, RI 02818. License Nos. BS-16-371, 372.

SOUTH COUNTY DONUTS, INC. d/b/a DUNKIN DONUTS, 1892 Kingstown Road, Wakefield, RI 02879. Application by Robert Batista, 75 Tipping Rock Drive, East Greenwich, RI 02818. License Nos. BS-16-365, 366.

SOUTH COUNTY DONUTS, INC. d/b/a DUNKIN DONUTS, 120 Fortin Road, Kingston, RI 02881. Application by Robert Batista, 75 Tipping Rock Drive, East Greenwich, RI 02818. License Nos. BS-16-368, 369.

(CA) 6F. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:

BASKET CASE GIFTS, INC. d/b/a SEASIDE STYLE, 343 Main Street, Wakefield, RI 02879. Application by Catherine Gorham, 211 Sweet Allen Farm Road, Wakefield, RI 02879. License No. BS-16-135.

CHURAS REAL ESTATE, INC. d/b/a SPANGLES, 324 Main Street, Wakefield, RI 02879. Application by Kim Churas, 80 White Falls Trail, Wakefield, RI 02879. License No. BS-16-438.

GENERAL NUTRITION CORPORATION d/b/a GENERAL NUTRITION CENTER #7090, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Michael C. Smith, Tax Department, 300 Sixth Avenue, Pittsburgh, PA 15222. License No. BS-16-207.

GENERAL WIRELESS OPERATIONS, INC. d/b/a RADIO SHACK #1007, 20F Main Street, Wakefield, RI 02879. Application by David Wheatley, Tax Department, 300 Radio Shack Circle, Fort Worth, TX 76102. License No. BS-16-208.

NARRAGANSETT PEST CONTROL, INC. d/b/a ALL OUTDOORS POWER EQUIPMENT, 4060 Tower Hill Road, Wakefield, RI 02879. Application by James A. Siligato, 24 Rhode Island Avenue, Narragansett, RI 02882. License No. BS-16-281.

PETER POTS STONEWARE d/b/a PETER POTS POTTERY, 494A Glen Rock Road, West Kingston, RI 02892. Application by Jeffrey Greene, 494 Glen Rock Road, West Kingston, RI 02892. License No. BS-16-313.

RL AUTO GROUP d/b/a SPEEDCRAFT VOLKSWAGEN, 104 Old Tower Hill Road, Wakefield, RI 02879. Application by Roderick H. Lichtenfels, 800 Waterman Avenue, East Providence, RI 02914. License No. BS-16-330.

SILVER SPRING MARINE, INC., 362 Pond Street, Wakefield, RI 02879. Application by Lynn Fiorenzano, 362 Pond Street, Wakefield, RI 02879. License No. BS-16-351.

STONE COVE MARINA, INC., 134 Salt Pond Road, Wakefield, RI 02879. Application by Stephen C. Wood Jr., 90 Meadow Tree Farm Road, Saunderstown, RI 02874. License No. BS-16-389.

SUPERCUTS CORPORATE SHOPS, INC. d/b/a SUPERCUTS #90629, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Michael Fuerichs, 7201 Metro Boulevard, Minneapolis, MN 55439. License No. BS-16-399.

VERDIGRIS, 355 Main Street, Wakefield, RI 02879. Application by Seth Gross, 310 Matunuck School House Road, Wakefield, RI 02879. License No. BS-16-411.

(CA) 6G. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Produce Peddler Licenses to SOSNOWSKI FARMS, 3 Waites Corner Road, West Kingston, RI 02892. Application by Michael and V. Susan Sosnowski, P.O. Box 722, West Kingston, RI 02892; Renewals. License Nos. BS-16-360, 361.

(CA) 6H. UNANIMOUSLY VOTED: to grant a Farm Produce Peddler License to SOSNOWSKI FARMS, 680 Glen Rock Road, West Kingston, RI 02892. Application by Michael and V. Susan Sosnowski, P.O. Box 722, West Kingston, RI 02892; Renewal. License No. BS-16-359.

(CA) 6I. UNANIMOUSLY VOTED: to grant a Private Detective License to JAMES P. MULLEN, 601 Jefferson Boulevard, Warwick, RI 02886. Application by James P. Mullen, 25 Little Rest Road, Kingston, RI 02881; Renewal. License No. BS-16-237.

(CA) 6J. UNANIMOUSLY VOTED: to grant Trailer Parks – Mixed Use Facilities Licenses to the following; Renewals:

BLACKBEARD HOMEOWNERS ASSOCIATION, 836 Matunuck Beach Road, Wakefield, RI 02879 for 26 spaces. Application by Robert Turgeon, President, P.O. Box 488, Glen, NH 03838. License No. BS-16-143.

MATUNUCK BEACH TRAILER ASSOCIATION, 811 Matunuck Beach Road, Wakefield, RI 02879 for 22 spaces. Application by Kathy Lynne Laplante, Treasurer, P.O. Box 762, Wakefield, RI 02880. License No. BS-16-277.

(CA) 7B. UNANIMOUSLY VOTED: that a communication dated December 22, 2016 from Mark Spinale, Manager, Municipal Assistance Unit, US Environmental Protection Agency (EPA) New England Office advising that the South Kingstown Regional Wastewater Treatment Facility has been selected to receive a 2016 Regional EPA Operation and Maintenance Excellence Award is received and placed on file. (12/29/2016 Interim, Item C.)

(CA) 7C. UNANIMOUSLY VOTED: that a communication dated December 26, 2016 from Robert L. Toth advising that he does not wish to be reappointed to the Zoning Board of Review when his current term expires in March is received and placed on file. (12/29/2016 Interim, Item D.)

(CA) 7G. 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) 12C. 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 The Tipperary Tavern, LLC d/b/a Tara Mulroy’s Joyce Family Pub by Francis J. O’Brien, Member, 907A Matunuck Beach Road, Wakefield, RI to Next Door, Inc. d/b/a The Pub by Kevin V. Finnegan, President, 907A Matunuck Beach Road, Wakefield, RI for the ground floor and outdoor deck in accordance with a Special Use Permit granted by the Zoning Board of Review on November 3, 2004; and as further defined in a site plan dated January 4, 2017 on file in the Town Clerk's Office.

(CA) 12D. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $3,018.81, as shown on Tax Abatement Request No. 536.

(CA) 12I. UNANIMOUSLY VOTED: to authorize an award of contract to Ambient Sound Inc., 75 New England Way, Warwick, RI 02886 for Council Chambers Audio Equipment Replacement in accordance with State MPA #416 in an amount not to exceed $7,196, including a $500 contingency; as further described in a memorandum from the Information Technology Director to the Town Manager dated January 4, 2017 and entitled “Council Chambers Audio Replacement.”

(CA) 12J. 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.”

6. LICENSES

A. The applicant is not present, and consideration of an application for a Victualling License filed by N & S MAZAJ CAFÉ LLC d/b/a MAZAJ CAFÉ, 99 Fortin Road, Unit 117, Kingston, RI 02881 is deferred. Application by Nour Sawan, 190 Atwells Avenue, Providence, RI 02903; New; continued from December 12, 2016.

B. Discussion ensues, and it is

UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the Crazy Coyote Chase 5K road race and 1 mile fun run on Saturday, April 8, 2017 at 10 a.m. to BROAD ROCK MIDDLE SCHOOL PTO, 351 Broad Rock Road, Wakefield, RI 02879 subject to the execution of a hold harmless agreement indemnifying the Town, issuance of a Certificate of Insurance naming the Town as an additional insured in the amounts specified by the Finance Director, approval by the RI Department of Transportation, and conditions of approval set by the Town’s Traffic and Transportation Review Committee. Application by Emily Cummiskey, 104 Stoneway Road, Wakefield, RI 02879; Renewal. License No. SE-16-19.

C. Applicant Daniel Collins along with Cynthia Collins are present and testify regarding an application for a Theater License, and after discussion it is

VOTED: to grant a Theatre License to PUMP HOUSE MUSIC WORKS, 1464 Kingstown Road, Wakefield, RI 02879 subject to administrative approvals. Application by Ariel R. Bodman, 1464 Kingstown Road, Wakefield, RI 02879; New. License No. BS-17-1.

Council Vice President Collins recused himself.

7. COMMUNICATIONS

A. Discussion ensues, and it is

UNANIMOUSLY VOTED: that a communication dated December 15, 2016 from Maria Mack, Chair advising of the status of the Planning Board’s review of zoning amendments regarding the definition of “the number of persons constituting a household” and seeking directive as to which approaches to research further is received, placed on file, and referred back to the Planning Board for completion of its review of a Special Use Permit process. (12/22/2016 Interim, Item D.)

D. UNANIMOUSLY VOTED: that a communication dated December 29, 2016 from Carmine C. Paolino submitting his resignation from the Board of Trustees of the South Kingstown School Funds is accepted, and the Town Council directs that a letter of thanks be sent. (12/29/2016 Interim, Item H.)

E. UNANIMOUSLY VOTED: that a communication dated January 3, 2017 from Kim L. Kimball submitting her resignation from the School Committee, effective immediately, is accepted and placed on file. (1/5/2017 Miscellaneous, Item II F.)

The vacancy will be included in the advertisement for Boards and Commissions applications, with letters of interest to be filed on or before January 18^th at noon; interviews will be scheduled for January 23^rd in 15 minute intervals. Roland Benjamin, Scott Mueller and Andrew Gilmartin have already submitted letters of interest.

F. UNANIMOUSLY VOTED: that a communication dated December 15, 2016 from Larry Fish, Chairman, Economic Development Committee requesting a Joint Work Session with the Town Council to provide an update of progress on their work items and discuss ideas for consideration moving forward, is received and placed on file. (1/5/2017 Miscellaneous, Item II J.)

A Work Session will be scheduled for January 30, 2017 at 7 PM.

8. COMMENTS FROM INTERESTED CITIZENS

Council President Healy invites residents to come forward with comments.

Raissa Mosher, School Committee member is present and comments on the resignation of Kim Kimball, the time commitment involved in being a member, and supports the Town Council interviewing candidates before making an appointment to fill the vacancy.

Helen Farrell Allen is present and comments on the commemoration of George Washington’s birthday.

Tara Apperson is present and comments in favor of appointing Andrew Gilmartin to the School Committee based on his being the next highest vote getter in November’s election.

Andrew Gilmartin is present and thanks the Town for plowing the sidewalks on Broad Rock Road and Kingstown Road so students could walk to school.

Alycia Collins, School Committee Chair is present and supports the appointment of Scott Mueller to the School Committee as the most experienced candidate.

Roland Benjamin is present and discusses his interest in being appointed to the School Committee.

Brooke Conley is present and comments in support of appointing a School Committee member from the candidates who ran for that office in November.

Jonathan Daly-LaBelle, School Committee member is present and comments on the Town Council making an appointment to fill the School Committee vacancy.

Brian Kleczek is present and expresses interest in being appointed to the School Committee, but supports the selection of Andrew Gilmartin based on the results of the November election.

A proclamation is read by Council President Healy and presented to L. Vincent Murray in recognition of his tenure as the Town’s Director of Planning.

A moment of silence is observed in memory of Charles Alfred, father of Town Manager Stephen Alfred.

9. TOWN MANAGER’S REPORT

Acting Town Manager L. Vincent Murray notes the Work Session with the School Committee on their Capital Improvement Program is set for January 11^th; the Wastewater Treatment Facility has been selected to receive a 2016 Regional EPA Operation and Maintenance Excellence Award; and the Planning Board will be conducting a Public Workshop on the Comprehensive Plan Five Year Update on January 26^th at Town Hall, and an open house at the YMCA on January 27^th. The Town Manager’s Interim Reports dated December 15, December 22 and December 29, 2016, and the Agenda and Miscellaneous Reports dated January 5, 2017 are accepted, approved and placed on file.

10. TOWN SOLICITOR’S REPORT – none

11. APPOINTMENTS

B. UNANIMOUSLY VOTED: to appoint William C. Wallace as the Tree Warden for the Town of South Kingstown for the year 2017.

12. NEW BUSINESS

A. UNANIMOUSLY VOTED: to authorize an award of bid to Ruggieri Brothers, Inc., 1191 Pontiac Avenue, Cranston, RI 02920 to furnish and install new carpet tile and a broadloom carpet and all appurtenances to complete the project at the Kingston Free Library in an amount not to exceed $20,130, including a contingency of $1,830; and as further described in a memorandum from the Library Director to the Town Manager dated December 27, 2016 and entitled “Bid Recommendation – Carpet Replacement at the Kingston Free Library, SK0020LI.”

B. UNANIMOUSLY VOTED: to authorize an award of bid to Arden Engineering Constructors LLC, 505 Narragansett Park Drive, Pawtucket, RI 02861 for materials and labor to install an HVAC system at the Peace Dale Office Building, 1058 Kingstown Road, in accordance with all bid specifications, in an amount not to exceed $32,737, including a contingency of $3,000; and as further described in a memorandum from the Leisure Services Director to the Town Manager dated December 29, 2016 and entitled “Bid Recommendation – Peace Dale Office Building HVAC.”

E. VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing 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 T LEGITIMATE THEATER LIQUOR LICENSE

Application for a Class T Legitimate Theater Liquor License by Pump House Music Works, 1464 Kingstown Road, Wakefield, RI by Daniel U. Collins, Director for the Presentation Gallery and hand tool work room in accordance with a Special Use Permit granted December 21, 2016 by the Zoning Board of Review; and as further defined in site plans dated January 4, 2017 on file in the Town Clerk’s office.

Council Vice President Collins recused himself.

F. UNANIMOUSLY VOTED: to authorize the extension of an award of contract originally granted on January 12, 2015 to Santa Buckley Energy, Inc., P.O. Box 1141, Bridgeport, CT 06601 for the purchase of unleaded gasoline from January 1, 2017 to December 31, 2017 at the Oil Price Information Services (OPIS) Daily Low Price – Port of Providence or Boston – plus the increment of $0.0497/gallon, in accordance with specifications as described and awarded by the Town of Smithfield on December 19, 2014; and as further described in a memorandum from the Procurement Administrator to the Town Manager dated January 3, 2017 and entitled “Contract Award Extension – Gasoline and Diesel Fuel.”

G. UNANIMOUSLY VOTED: to authorize the extension of an award of contract originally granted on January 12, 2015 to Superior Plus Energy Services, 12 Hylestead Street, Providence, RI 02905 for the purchase of ultra low sulfur diesel fuel from January 1, 2017 to December 31, 2017 at the Oil Price Information Services (OPIS) Daily Low Price – Port of Providence or Boston – plus the increment of $0.0321/gallon, in accordance with specifications as described and awarded by the Town of Smithfield on December 19, 2014; and as further described in a memorandum from the Procurement Administrator to the Town Manager dated January 3, 2017 and entitled “Contract Award Extension – Gasoline and Diesel Fuel.”

H. UNANIMOUSLY VOTED: to authorize an award of bid to Colonial Chevrolet, 171 Great Road, Acton, MA 01720 for two (2) 2016 Chevrolet Equinox AWD SUVs in accordance with State MPA #4782016 in an amount not to exceed $42,384; and as further described in a memorandum from the Public Services Director to the Town Manager dated January 4, 2017 and entitled “Award Recommendation – Sport Utility Vehicles (SUVs)”.

UNANIMOUSLY VOTED: to adjourn at 8:35 PM.

Dale S. Holberton, CMC

Town Clerk

WORK SESSION

1. A. INTERVIEWS

1. B. WORK SESSION