WORK SESSION APRIL 22, 2013

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1 WORK SESSION 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 22 nd day of April 2013 at 6:30 PM. PRESENT: Ella M. Whaley, President Carol Hagan McEntee, Vice President Paul Donnelly Margaret M. Healy James W. O Neill 1. A. INTERVIEWS The Town Council interviews Mary MacDonald relative to her interest in serving on the Library Board of Trustees. The Town Council interviews Betty Cotter relative to her interest in serving on the Library Board of Trustees. 1. B. WORK SESSION Discussion ensues relative to Public Hearing Item 7A on this evening s agenda in regard to an application for a Class B Victualler Liquor License by Roba Rustico LLC d/b/a Pizzeria Mezzo, 32 Old Tower Hill Road, Wakefield, RI by John Russo, Member for the bar area, counter area and dining area at tables; and as further defined in a site plan on file in the Town Clerk s Office. An objection to this application has been filed by Keith B. Kyle, Attorney for Costanza Realty, LLC on the basis that the applicant is in violation of the Zoning Ordinance due to the property not having enough parking spaces for the businesses located there to be in compliance, and that the applicant should be required to apply for and obtain a parking variance from the Zoning Board of Review or be denied the license. Discussion ensues relative to the owners of the property, Domenico and Francesco Cassisi and Fotini Revis being issued a notice of violation in regard to the insufficient parking for the establishment located on the subject property. Discussion ensues relative to Public Hearing Item 7B on this evening s agenda in regard to public discussion relative to the need for additional liquor licenses within the community. Discussion ensues relative to New Business Item 13A affirming or amending the Town s Liquor License Rules and Regulations, Section I. The number of licenses authorized in each class. 1

2 WORK SESSION Discussion ensues relative to Communication Item 8B, a resolution proposed for adoption by Council Vice President McEntee and Councilman Donnelly in support of marriage equality legislation (General Assembly Bills S 0038 and H 5015 SubA, Acts Relating To Domestic Relations Persons Eligible To Marry). Discussion ensues relative to Item 12A Appointments on this evening s agenda. Discussion ensues relative to the proposed courtyard project at South Kingstown High School and a half hour presentation being made by Catherine Weaver in that regard either on May 13, 2013 or May 28, Convened to Regular Session. Dale S. Holberton, CMC Town Clerk 2

3 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 22 nd day of April 2013 at 7:30 PM. PRESENT: Ella M. Whaley, President Carol Hagan McEntee, Vice President Paul Donnelly Margaret M. Healy James W. O Neill 1. C. REGULAR SESSION 2. PLEDGE OF ALLEGIANCE TO THE FLAG The Pledge of Allegiance to the flag is given. A moment of silence is observed for the victims of the Boston Marathon bombing attacks. 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 April 8, 2013 are accepted, approved and placed on file. B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on April 8, April 9 and April 10, 2013 are accepted, approved and placed on file. C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on April 8, 2013 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 four (4) Victualling Licenses to KEMCO, 32 Whispering Pine Way, Exeter, RI for concession operations at Broad Rock Playfields, Old Mountain Field, the Town Beach and West Kingston Park. Applications by 3

4 Kenneth F. Elliott, 32 Whispering Pine Way, Exeter, RI 02822; Renewals. License Nos ,13904,13905, (CA) 6C. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses to CARPENTER S FARM, 522 Matunuck Beach Road, Wakefield, RI Applications by David W. Carpenter, 520 Matunuck Beach Road, Wakefield, RI 02879; Renewals. License Nos , (CA) 6D. UNANIMOUSLY VOTED: to grant Holiday Sales and two (2) Miscellaneous Peddler Licenses to LUCA S COFFEE & ICE CREAM LLC, 701 Boston Neck Road, North Kingstown, RI Application by Nikolin Luca, 701 Boston Neck Road, North Kingstown, RI 02852; Renewals. License Nos ,13910, (CA) 6E. UNANIMOUSLY VOTED: to grant a Tourist Accommodation License to EDEN MANOR, 154 Post Road, Wakefield, RI for 12 spaces, 24 persons. Application by Lloyd Eden, 154 Post Road, Wakefield, RI 02879; Renewal. License No (CA) 6F. UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the 4 th annual KIAI 5K Road Race on Sunday, May 5, 2013 at 9:00 a.m. to KARATE INSTRUCTION ASSISTANCE INITIATIVE, INC. (KIAI), P.O. Box 274, Wakefield, RI 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 Risk Manager, and RIDOT approval. Application by Julie M. Conte, President, KIAI, 110 Cedar Hollow Road, Wakefield, RI 02879; Renewal. License No (CA) 8A. UNANIMOUSLY VOTED: that resolutions adopted by the Coventry, Hopkinton and Jamestown Town Councils and Newport City Council in opposition to legislation pending in the General Assembly concerning mandatory binding arbitration (S 0364, H 5340 and H 5389) and contract continuation (S 0365, S 0777 and H 5699) for teachers and other school and municipal employees are received and placed on file. (4/11/2013 Interim, Item B.) (CA) 8C. UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL (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. 4

5 (CA) 13B. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $339.02, as shown on Tax Abatement Request No (CA) 13D. UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL (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. UNANIMOUSLY VOTED: to grant a Victualling License to FIRESIDE FROYO, 50 South County Commons Way, Wakefield, RI subject to issuance of a Certificate of Occupancy. Application by Heather Sheehan, 11 Elwood Court, Wakefield, RI and Marc Cabana, 138 Homecrest Avenue, North Smithfield, RI 02896; New. License No PUBLIC HEARINGS A. 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: CLASS B VICTUALLER LIQUOR LICENSE Application for a Class B Victualler Liquor License by Roba Rustico LLC d/b/a Pizzeria Mezzo, 32 Old Tower Hill Road, Wakefield, RI by John Russo, Member for the bar area, counter area and dining area at tables; and as further defined in a site plan on file in the Town Clerk s Office. A communication from Attorney Keith Kyle dated April 18, 2013 objecting to the license on behalf of Costanza Realty is received, placed on file and marked as Opponent s Exhibit #1. John Russo, applicant is present and discusses his request to upgrade Roba Rustico s Class B Limited Liquor License to full privilege. Attorney Kyle speaks on behalf of his client and presents pictures of the parking lot areas which are filed and marked as Opponent s Exhibit #2. Attorney Andrew Bilodeau speaks on behalf of the applicant regarding parking issues. 5

6 Bob Trager is present and comments in favor of granting the liquor license. Discussion ensues, and it is UNANIMOUSLY VOTED: to close the Public Hearing. B. Notice having been duly given, a Public Hearing is held for public discussion relative to the need for additional liquor licenses within the community. Brief discussion ensues, and it is UNANIMOUSLY VOTED: to close the Public Hearing. A. The Town Council returns to a decision on Public Hearing Item 7A, 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 VICTUALLER LIQUOR LICENSE Application for a Class B Victualler Liquor License by Roba Rustico LLC d/b/a Pizzeria Mezzo, 32 Old Tower Hill Road, Wakefield, RI by John Russo, Member for the bar area, counter area and dining area at tables; and as further defined in a site plan on file in the Town Clerk s Office. 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. 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 number of licenses for each class shall be authorized as indicated below to maintain the Class B Victualler at 25 and reduce the Class B Limited by one: Class Number A Retail 4 (maximum) B Victualler 25 B Tavern 2 B Limited 4 3 B Hotel 1 6

7 B M 0 C 0 D Club Full Privilege 2 D Club Limited 0 F Five per year per organization F-1 Five per year per organization T 1 8. COMMUNICATIONS B. Discussion ensues regarding a resolution proposed for adoption by Council Vice President McEntee and Councilman Donnelly in support of marriage equality legislation (General Assembly Bills S 0038 and H 5015 SubA, Acts Relating To Domestic Relations Persons Eligible To Marry). The following are present and offer comments: Anthony DeLuca Lise Iwon Nancy Rose Albert Lott Kathy Gorman Rita Good Bob Trager Maureen Martin Terry Simpson Following discussion, it is UNANIMOUSLY VOTED: to adopt a resolution proposed by Council Vice President Carol Hagan McEntee and Councilman Paul Donnelly in support of marriage equality legislation (General Assembly Bills S 0038 and H 5015 SubA, Acts Relating To Domestic Relations Persons Eligible To Marry) as follows. (4/11/2013 Interim, Item J.) RESOLUTION IN SUPPORT OF SENATE BILL 2013 S0038 AND HOUSE BILL 2013 H5015 SUBSTITUTE A RELATING TO DOMESTIC RELATIONS PERSONS ELIGIBLE TO MARRY WHEREAS, the Charter establishing The State of Rhode Island promised to secure [her residents] in the free exercise and enjoyment of all civil and religious rights; and 7

8 WHEREAS, we believe that a just and democratic society guarantees to all its citizens certain civil rights set out in the United States Constitution, and civil marriage is one of these fundamental rights; and WHEREAS, each and every adult in Rhode Island, regardless of socio-economic status, race, ethnicity, gender identity or sexual orientation deserves the opportunity to attain the legal protections, rights and responsibilities gained through civil marriage; and WHEREAS, limiting gay and lesbian couples to civil unions while allowing heterosexual couples the institution of marriage creates a separate but equal discriminatory environment; and WHEREAS, the South Kingstown Town Council desires to adopt the statement of the Human Rights Campaign: Together we will show the nation that we believe all Americans deserve to be treated fairly and equally under the law no matter who they love ; and WHEREAS, marriage provides couples with the tools and security to build a life together, to care for each other, to protect their families and provide what every child needs and deserves, namely the unique recognition that only marriage can impart; and WHEREAS, the South Kingstown Town Council recognizes the diversity of its constituents and strongly supports the equal treatment of same-sex couples by supporting their right to enter into the lawful institution of marriage. WHEREAS, the South Kingstown Town Council supports the passage of Marriage Equality legislation (H5015 Sub A and S0038). NOW THEREFORE BE IT RESOLVED that the South Kingstown Town Council hereby requests that the Town Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, the Chairman and Senators on the Senate Judiciary Committee, and the Senators and Representatives from the Town of South Kingstown. 9. COMMENTS FROM INTERESTED CITIZENS Council President Whaley invites residents to come forward with comments. Bob Trager comments regarding live broadcast of Town Council meetings. Town Manager Stephen Alfred discusses the expenses and logistics associated with live broadcasting. 8

9 Council President Whaley notes that the Town s presentation of the Matunuck Village Study will be held tomorrow evening at the Matunuck Elementary School. 10. TOWN MANAGER S REPORT The Town Manager s Interim Report dated April 11, 2013, and the Agenda and Miscellaneous Reports dated April 18, 2013 are accepted, approved and placed on file. 11. TOWN SOLICITOR S REPORT none 12. APPOINTMENTS A. UNANIMOUSLY VOTED: to reappoint Christopher S. Mazzier to the Economic Development Committee for a term to expire March UNANIMOUSLY VOTED: to reappoint Orville B. (Ken) Kenerson to the Planning Board for a term to expire May UNANIMOUSLY VOTED: to reappoint Douglas W. Bates to the Zoning Board of Review for a term to expire March VOTED: to reappoint Michael McEntee to the Trustees of the South Kingstown School Funds for a term to expire June Council Vice President McEntee recuses herself. 13. NEW BUSINESS C. UNANIMOUSLY VOTED: to authorize an award of bid to Marra Meal Services, P.O. Box 69, East Greenwich, RI for Adult Day Center catering services in accordance with all bid specifications and at the unit prices bid, in an amount not to exceed $19,050 including a $1,500 contingency, for a one year term commencing May 1, 2013 with the option to extend the contract for an additional two years; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated April 11, 2013 and entitled Recommendation for bid award Adult Day Services Catering, Bid Reference #SK0018RD. Ref. No. G UNANIMOUSLY VOTED: to adjourn at 9:02 PM. Dale S. Holberton, CMC Town Clerk 9

WORK SESSION JANUARY 27, 2014

WORK SESSION JANUARY 27, 2014 WORK SESSION 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 27 th day of January