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 15th day of October 2002 at 7:35 PM. PRESENT: James W. O’Neill, President Barbara Anne Hackey, Vice President Karen Joy Asher Carole A. Costanza Anna F. Prager The Pledge of Allegiance to the flag is given. Roll Call is taken and all members are present. UNANIMOUSLY VOTED: that the minutes of the Work Session held on September 23, 2002 are accepted, approved and placed on file. UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on September 19, 2002 and September 23, 2002 are accepted, approved and placed on file. UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on September 23, 2002 are accepted, approved and placed on file. UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of New Business Item 12J. UNANIMOUSLY VOTED: to grant Victualling Licenses to the following for the year beginning December 1, 2002; Renewals: KENTUCKY FRIED CHICKEN / TACO BELL, 139 Old Tower Hill Road, Wakefield, RI 02879. Application by David E. Evans, President, 170 Olde Forge Road, Hanover, MA 02339. License No. 8612. L.P.M. HOLDING CO., INC. d/b/a EPICUREAN FEAST, 132 Fairgrounds Road, West Kingston, RI 02892. Application by Robert J. Watson, 24 Main Street, Maynard, MA 01754. License No. 8614. NEWPORT CREAMERY LLC, 602 Kingstown Road, Wakefield, RI 02879. Application by William Janikies, Jan Companies, 35 Sockanosset Crossroads, P.O. Box 8819, Cranston, RI 02920. License No. 8616. P.J.’S PIZZA, 1202 Kingstown Road, Peace Dale, RI 02879. Application by Peter Tsagaroulis, 55 Kinney Avenue, Narragansett, RI 02882. License No. 8618. QUICK RICK’S, 58 High Street, Wakefield, RI 02879. Application by Richard E. Lema, 54 South Road, Exeter, RI 02822. License No. 8620. SOUTH KINGSTON FOOD SERVICES INC. d/b/a D’ANGELO, PIZZA HUT, 71 Old Tower Hill Road, Wakefield, RI 02879. Application by James H. McLaughlin, P.O. Box 363, West Bridgewater, MA 02379. License No. 8622. UNANIMOUSLY VOTED: to grant Victualling and Sunday Sales Licenses to the following for the year beginning December 1, 2002; Renewals: GOOSEBERRY MARKET, 286 Gooseberry Road, Wakefield, RI 02879. Application by Robin Donovan, 63 Bliss Road, Wakefield, RI 02879. License Nos. 8624, 8625. KENYON OIL CO., INC. d/b/a WEST KINGSTON XTRA MART, 3405 Kingstown Road, West Kingston, RI 02892. Application by Deborah A. Raymond, Assistant Accountant, 221 Quinebaug Road, North Grosvenordale, CT 06255. License Nos. 8626, 8627. LICKETY SPLITS INC., 1922 Kingstown Road, Wakefield, RI 02879. Application by Colleen S. Bongiovanni, 24 Inkberry Drive, Wakefield, RI 02879. License Nos. 8628, 8629. UNANIMOUSLY VOTED: to grant Sunday Sales Licenses to the following for the year beginning December 1, 2002; Renewals: BENNY’S, INC., 688 Kingstown Road, Wakefield, RI 02879. Application by Malcolm C. Bromberg, 340 Waterman Avenue, Esmond, RI 02917. License No. 8631. CATALOG FASHION OUTLET INC. d/b/a CFO FASHION OUTLET, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Irwin Chase, President, One Ann & Hope Way, Cumberland, RI 02864. License No. 8632. CATALOG FASHION OUTLET INC. d/b/a THE KIDS OUTLET, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Irwin Chase, One Ann & Hope Way, Cumberland, RI 02864. License No. 8633. CHESHIRE CATS, 333 Main Street, Wakefield, RI 02879. Application by Jeanne A. Dubilewski, 25 Prospect Avenue, Narragansett, RI 02882. License No. 8634. CREATIVE CHAOS d/b/a JUGGLES, 560 Kingstown Road, Wakefield, RI 02879. Application by Idanna F. Smith, 4 Meadow Lane, Jamestown, RI 02835. License No. 8635. DAMON’S HARDWARE, INC., 422 Main Street, Wakefield, RI 02879. Application by Antonia C. Chappell, 23 Winter Street, Wakefield, RI 02879. License No. 8636. EPHRAIM DOUMATO JEWELERS, 160-H Old Tower Hill Road, Wakefield, RI 02879. Application by Ephraim P. Doumato, 7 Merrill Lane, Cumberland, RI 02864. License No. 8637. FANTASTIC SAM’S, 55 Old Tower Hill Road, Wakefield, RI 02879. Application by Jeffrey A. Poulton, 33 Country Drive, Charlestown, RI 02813. License No. 8638. GRAPHIC EXPRESSIONS INC. d/b/a GRIFFIN’S, 324-326 Main Street, Wakefield, RI 02879. Application by Wayne T. Cahoone, 79 Columbia Street, Wakefield, RI 02879. License No. 8639. KASUAL KIDS, 577 Kingstown Road, Wakefield, RI 02880-0893. Application by Paul Straight, President, 2055 South County Trail, West Kingston, RI 02892. License No. 8640. KENPORT MARINA LLC, 650 Succotash Road, Wakefield, RI 02879. Application by Don Mattera, 63 Bliss Road, Wakefield, RI 02879. License No. 8641. KENYON AVENUE FLORAL CO., INC., 243 Kenyon Avenue, Wakefield, RI 02879. Application by William J. Matson IV, 247 Kenyon Avenue, Wakefield, RI 02879. License No. 8642. KENYON OIL COMPANY, INC. d/b/a SOUTH KINGSTOWN SUNOCO, 72 Old Tower Hill Road, Wakefield, RI 02879. Application by Deborah A. Raymond, Assistant Accountant, 221 Quinebaug Road, North Grosvenordale, CT 06255. License No. 8643. MAXI DRUG SOUTH, LP d/b/a BROOKS PHARMACY #523, 604 Kingstown Road, Wakefield, RI 02879. Application by Linda L. Dwyer, License Administrator, 50 Service Avenue, Warwick, RI 02886. License No. 8644. MOM & POP’S BOOKSHOP, 239 Robinson Street, Wakefield, RI 02880-5182. Application by Ina N. Cooke, 471 Post Road, Wakefield, RI 02879. License No. 8645. POINT JUDITH MARINA, LLC, 360 Gooseberry Road, Wakefield, RI 02880-0129. Application by Don Vivenzio, General Manager, 34 Upper Terrace Circle, Wakefield, RI 02879. License No. 8646. RADIO SHACK CORPORATION, 20-F Main Street, Wakefield, RI 02879. Application by Jay Franz, Sr. Tax Specialist, P.O. Box 1643, Fort Worth, TX 76101. License No. 8647. SILVER SPRING MARINE INC., 362 Pond Street, Wakefield, RI 02879. Application by Lynn Fiorenzano, 525 Gravelly Hill Road, Wakefield, RI 02879. License No. 8648. STAPLES THE OFFICE SUPERSTORE, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Nancy White, 500 Staples Drive, Framingham, MA 01702. License No. 8649. UNANIMOUSLY VOTED: to grant Sunday Sales and Farm Retail Sales Licenses for the year beginning December 1, 2002 to HIGHLAND FARM, INC., 4145 Tower Hill Road, Wakefield, RI 02879. Application by Martha Bradley, 139 Orchard Avenue, Wakefield, RI 02879; Renewals. License Nos. 8650, 8651. UNANIMOUSLY VOTED: Sunday Sales and Firearms and Ammunition Licenses to THE RIVER BEND ATHLETIC CLUB, 316 Columbia Street, Peace Dale, RI 02883. Application by Kimberly A. Rose, 380 South Road, Wakefield, RI 02879; Renewals. License Nos. 8652, 8653. UNANIMOUSLY VOTED: Firearms and Ammunition Licenses to the following for the year beginning December 1, 2002; Renewals: WILLIAM R. LEBLANC, GUNSMITH, 265 Main Street, Wakefield, RI 02879. Application by William R. LeBlanc, 1065 South Road, Wakefield, RI 02879. License No. 8654. PEACE DALE SHOOTING PRESERVE, 130 Pearl’s Way, Wakefield, RI 02879. Application by Richard V. Frisella, 491 Rose Hill Road, Wakefield, RI 02879. License No. 8655. UNANIMOUSLY VOTED: to grant an Automobile Junkyard License to STUART A. & DAVID E. SHERMAN d/b/a PITCHER’S GARAGE, 2196 Post Road, Wakefield, RI 02879. Application by Stuart A. Sherman, 28 Metaterraine Avenue, Wakefield, RI 02879; Renewal. License No. 8656. UNANIMOUSLY VOTED: to grant Victualling, Sunday Sales and Additional Hours Licenses to SHAW’S SUPERMARKET, INC., 160A Old Tower Hill Road, Wakefield, RI 02879. Application by Lynette Murphy, Licensing Department, P.O. Box 600, East Bridgewater, MA 02333. License Nos. 8657, 8658, 8659. UNANIMOUSLY VOTED: that a communication dated September 25, 2002 from Eugenia Marks, Director, Audubon Society thanking the Town Council for issuing a proclamation for the 30th anniversary of the Clean Water Act is received and placed on file. (10/3/2002 Interim, Item B.) UNANIMOUSLY VOTED: that communications from the following relative to proposed regulations governing the use of personal watercraft on Narrow River are received, placed on file, and referred to the joint work session with the Narragansett and North Kingstown Town Councils to discuss this issue. (10/3/2002 Interim, Item C.) · Robert A. Trager of Wakefield · Harriet E. Powell of Saunderstown UNANIMOUSLY VOTED: that a communication dated October 2, 2002 from attorney Archibald B. Kenyon, Jr. on behalf of his client, Point Jude Boats, Inc. withdrawing an application for an amendment to the Zoning Ordinance that would permit the storage of boats and the retail trade of marine products in a CN zone subject to the Zoning Board of Review granting a Special Use Permit, is received and placed on file. The Town Council accepts the withdrawal of the application without prejudice, and directs the Town Clerk to notify Mr. Kenyon that fees are nonrefundable. (10/10/2002 Miscellaneous, Item II E.) 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 authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to the renewal of Liquor Licenses for the year beginning December 1, 2002. UNANIMOUSLY VOTED: to authorize an award of bid to Pearson Painting and Decorating, 466 Pond Street, Wakefield, RI 02879 for painting projects in accordance with all bidding specifications and in an amount not to exceed $8,500, including a contingency; and as further described in a memorandum from the Director of Parks and Recreation to the Town Manager dated October 2, 2002 and entitled: ‘Recommendation for Bid Award – Painting Projects.’ Ref. No. R-2003-188. 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. ‘ VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Informational Hearing relative to funding in accordance with the Town of South Kingstown’s ‘Open Space Project Funding Policy,’ for potential acquisition of 16.8 acres of that 27.4 acre parcel presently owned by Elmer S. Congdon and identified as Assessor’s Map 62-3, Lot 1. Council President O’Neill recuses himself. UNANIMOUSLY VOTED: as amended, that a communication dated October 1, 2002 from Marguerite Flanders tendering her resignation from the Conservation Commission is received and placed on file. The Town Council accepts her resignation with regret, directs that a letter of thanks be sent, and that Mrs. Flanders may serve until a successor is appointed. Councilwoman Prager discusses the RIPTA bus shelters proposed to be built along Route 1. Councilwoman Prager announces that the Town has been awarded a $5,000 grant from Grow Smart RI and the Washington County Regional Planning Council for professional consulting services to assess and amend the Town’s Zoning Ordinance to promote infill and revitalization efforts in downtown areas. Councilwoman Prager announces that the local parent-based group CARES is conducting a fundraiser. Council President O’Neill questions Police Chief Vespia relative to the investigation of an incident in the Ocean Ridge area. The Town Manager discusses the resignation of Bill Bennett from the Recreation Commission; he will ask Mr. Bennett to submit a letter. The Town Manager’s Report is accepted, approved and placed on file. The Town Solicitor’s Report is accepted. UNANIMOUSLY VOTED: to authorize an award of bid to Atlantic Pavement Marking, Inc., 15 Industrial Road, Prospect, CT 06712 for municipal road striping services at the unit prices bid and in an amount not to exceed $20,000; and as further described in a memorandum from the Public Services Director to the Town Manager dated October 1, 2002 and entitled: ‘Bid Recommendation – Regional Road Striping Program.’ Ref. No. PS-2003-126. UNANIMOUSLY VOTED: to authorize the South Kingstown Land Trust (SKLT) to sell that .16 acre parcel located on Peninsula Road and identified as Assessor’s Map 93-1, Lot 136; and waiving payment of any property taxes that would have been assessed during the entire term of ownership by the SKLT, provided that the SKLT maintains a permanent Conservation Easement on the subject lot to prohibit any future development of the parcel; and as further described in a memorandum from Principal Planner Nickerson to the Town Manager dated September 25, 2002 and entitled: ‘SKLT Sale of A.M. 93-1 / Lot 136.’ UNANIMOUSLY VOTED: to authorize the amendment of an award of contract originally granted on March 25, 2002 to Woodard & Curran, 41 Hutchins Drive, Portland, ME 04102 for consulting engineering services for the West Kingston Town Dump/ URI Disposal Site from an amount not to exceed $565,806 to an amount not to exceed $648,487, including a contingency; and as further described in a memorandum from the Public Services Director to the Town Manager dated October 3, 2002 and entitled: ‘West Kingston Town Dump Engineering Services Recommendation.’ Ref. No. PS-2003-105A. UNANIMOUSLY VOTED: to authorize an award of bid to Rizzo Ford Inc., 1703 Mineral Spring Avenue, North Providence, RI 02904 for a 2003 Ford Explorer XLS 4X4 utility vehicle in an amount not to exceed $21,767; and as further described in a memorandum from the Public Services Director to the Town Manager dated October 7, 2002 and entitled: ‘Bid Recommendation Four Wheel Drive Utility Vehicle.’ Ref. No. PS-2003-189. UNANIMOUSLY VOTED: to authorize the Town Manager to execute an agreement between the Town of South Kingstown and the RI Department of Environmental Management for a $25,000 grant award to develop a Stormwater Management Program Plan; and as further described in a memorandum from the Public Services Director to the Town Manager dated October 8, 2002 and entitled: ‘Phase 2 Stormwater Grant Award.’ UNANIMOUSLY VOTED: to authorize awards of bid for #2 fuel oil, maintenance/service, and #4 fuel oil in accordance with bid specifications, to the following vendors at the following price schedules: Smithco Oil #2 Fuel Oil Maintenance/Service 191 Main Street $.085/gallon 11/01/02 - 10/31/03 Wakefield, RI 02879 increment $59.00/hr regular 4/01/03- $75.00/hr 4pm - 8am 10/31/03 $75.00/hr Sat., Sun., holidays Smithco Oil #2 Fuel Oil 191 Main Street capped Wakefield, RI 02879 $.085 increment plus $.05 cap insurance with a per gallon capped price not to exceed $.999 11/01/02 - 3/31/03 Buckley Energy #4 Fuel Oil Group Ltd. ($.0569) discount off JOC pricing 154 Admiral Street 11/01/02 - 10/31/03 P.O. Box 1141 Bridgeport, CT 06601 And as further described in a memorandum from the Purchasing Agent to the Town Manager dated October 8, 2002 and entitled: ‘Recommendation for Award of Bid for Fuel Oil and for Equipment Maintenance/Service on #2 Fuel Oil Burners for the Town and School Department--11/1/02 to 10/31/03.’ Ref. No. G-2003-344. UNANIMOUSLY VOTED: to authorize the Town Manager to negotiate with the property owner of that parcel identified as Assessor’s Map 48-2, Lot 30 to acquire that portion of the subject property as shown on the plan titled ‘Administrative Subdivision Plan for Parcels of Land Belonging to Town of South Kingstown – Assessor’s Plat 49-1 / Lot 152 and Tase-Rite Co., Inc. – Assessor’s Plat 48-2 / Lot 30,’ dated June 14, 2002; and as further described in a memorandum from Principal Planner Nickerson to the Town Manager dated October 4, 2002 and entitled: ‘Peace Dale Parking Lot Acquisition.’ UNANIMOUSLY VOTED: to authorize the Town Manager to execute any and all documents necessary to implement and carry out the terms and conditions of the Final Consent Decree under CERCLA Sections 106 and 107 relative to the planned remediation of the Rose Hill Regional Landfill Superfund Site; and as further described in a memorandum from the Town Manager to the Town Council dated October 9, 2002 and entitled: ‘Rose Hill Regional Landfill Superfund Consent Decree.’ UNANIMOUSLY VOTED: to authorize the Town Manager, on behalf of the Town of South Kingstown, to execute a collective bargaining agreement with the South Kingstown Municipal Employees Association/National Education Association of Rhode Island for the period July 1, 2002 through June 30, 2005; said agreement shall establish specific wages, benefits, and working conditions and is further described in a memorandum from the Town Manager to the Town Council dated October 9, 2002 and entitled: ‘Collective Bargaining Agreement – South Kingstown Municipal Employees Association/National Education Association.’ UNANIMOUSLY VOTED: to authorize the Town Manager to enter into a consulting agreement with Edwards and Kelcey, Inc., 95 Cedar Street, Providence, RI 02903 for planning services related to the five-year update of the Comprehensive Community Plan in an amount not to exceed $50,000; and as further described in a memorandum from the Director of Planning to the Town Manager dated October 9, 2002 and entitled: ‘Planning Department and Planning Board Recommendation for Consulting Services Related to the Five Year Comprehensive Plan Update.’ Ref. No. G-2003-345. UNANIMOUSLY VOTED: to adjourn to Closed Executive Session pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to collective bargaining or litigation. O’Neill – aye Hackey – aye Asher – aye Costanza – aye Prager – aye UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to collective bargaining or litigation. UNANIMOUSLY VOTED: to adjourn at 10:43 PM. Dale S. Holberton, CMC Town Clerk