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WORK SESSION
AUGUST 15, 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 15th day of August 2017 at 6:45 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
Liz Gledhill
Joe Viele
1. A. INTERVIEW
The Town Council interviews Sarah E. Diorio a/k/a Sarah Daly-Van Oot relative to her interest in serving on the Economic Development Committee.
1. B. WORK SESSION
Discussion ensues relative to the parking on Matunuck Beach Road.
Discussion ensues relative to the Town Council President in Narragansett expressing an interest in the newly formed Bicycle Pedestrian Advisory Committee.
Discussion ensues relative to the unfortunate pedestrian fatality that occurred on Narragansett Avenue East.
Discussion ensues relative to License Item 6B granting a Miscellaneous Permit to conduct a portion of the 26th annual FirmMan Half Iron Triathlon in South Kingstown on Sunday, September 10, 2017 at 7 AM to F.I.R.M., 19 Deer Run, Charlton, MA 01507.
Discussion ensues relative to License Item 6A granting a Holiday Sales License to Kingston Mart, Inc., 100 Fortin Road, Unit #2, Kingston, RI 02881. Application by Youssef Akrasi, 259 Rogers Lane, Middletown, RI 02842; New.
Discussion ensues relative to License Item 6E granting a Victualling License to Gen-Care Inc. d/b/a Subway, 1 Keaney Road, Kingston, RI 02881. Application by Paul Gencarelli, President, 74 Grande Brook Circle, Apt. 1422, Wakefield, RI 02879; Renewal.
Discussion ensues relative to Public Hearing Item 7B to consider an application for an amendment to the Zoning Map to change the zoning of a portion (200,000 square feet) of Assessor’s Plat 14, Lot 65 from “OS – Open Space, Conservation and Recreation” to “R200 – Rural Very Low Density Residential.” The parcel is located at 500 Waites Corner Road. Application by Nicholas Gorham, Esquire on behalf of Cottrell Homestead, LLC, 500 Waites Corner Road, West Kingston, RI 02892. A request for continuance to September 11, 2017 has been received from the Attorney.
Discussion ensues relative to Public Hearing Item 7A in regard to an application for a Class T Legitimate Theater Liquor License by The Contemporary Theater Company, 321 Main Street, Wakefield, RI by Terrence G. Simpson, President for the indoor performance room and the outdoor patio, in accordance with a Special Use Permit granted June 21, 2017 by the Zoning Board of Review; and as further defined in a site plan on file in the Town Clerk’s office.
Discussion ensues relative to New Business Item 13A affirming or amending the Town’s Liquor License Rules and Regulations, Section I.
Discussion ensues relative to Communication Item 8A dated July 26, 2017 from Sharon Gold concerning the environmental impact of carbon dioxide emissions from idling vehicles.
Discussion ensues relative to Communication Item 8B dated July 31, 2017 from W. Colin McCullough tendering his resignation from the Library Board of Trustees.
Discussion ensues relative to Communication Item 8C dated August 9, 2017 from Councilwoman Gledhill concerning the status of the Community Development Block Grant (CDBG) funding program.
Discussion ensues relative to New Business Item 13B concerning Civil Action No. WC-2017-0349 filed by Thomas F. Keane on his own behalf relative to an incident that occurred on or about July 26, 2014.
Discussion ensues relative to New Business Items 13C and 13D authorizing an award of bid to Tasca Ford, 250 Webster Square Road, Berlin, CT 06037 for a 2017 Ford F350 pickup truck with snow plow in an amount not to exceed $26,375, including trade-in; and authorizing an award of bid to Stoneham Motor Company Inc., 185 Main Street, Stoneham, MA 02180 for a 2017 Ford F350 pickup truck with Liftgate in an amount not to exceed $31,508, including trade-in, with authorization that $1,508 be appropriated from the Wastewater Fund’s unrestricted net assets in addition to the available CIP funding.
Discussion ensues relative to New Business Item 13E amending an award of contract originally authorized on June 13, 2011, and amended on October 11, 2011, July 14, 2014 and November 14, 2016 to St. Jean Engineering, LLC, 1145 Middle Road, East Greenwich, RI 02818 for consulting engineering services to prepare Matunuck shoreline protection design plans and specifications from an amount not to exceed $131,900 to an amount not to exceed $181,900, including a contingency.
Discussion ensues relative to New Business Item 13G accepting for Town ownership and maintenance, the road and associated infrastructure associated with The Woods on Laurel Lane subdivision, identified as Cyrus Court and described in a Warranty Deed from Green Hill Builders of RI, LLC to the Town of South Kingstown.
Discussion ensues relative to New Business Item 13H authorizing an award of contract for executive search services for the position of Town Manager.
Discussion ensues relative to the Friends of the Dog Park raising $2,000 at an Ice Cream Social.
Discussion ensues relative to the drainage work at Hazard School.
Discussion ensues relative to the No Parking sign in front of the art supply store on Main Street.
Discussion ensues relative to No Thru Traffic signs on Middlebridge Road.
Convened to Regular Session.
Dale S. Holberton, CMC
Town Clerk
REGULAR SESSION
AUGUST 15, 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 15th day of August 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 July 24, 2017 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on July 24, 2017 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on July 24, 2017 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 Communication Item 8A.
(CA) 6C. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Snug Harbor Marina, Inc., 410 Gooseberry Road, Wakefield, RI 02879. Application by Albert L. Conti, President, 24 Gale Drive, Wakefield, RI 02879; Renewals. License Nos. BS-16-356, 357.
(CA) 6D. UNANIMOUSLY VOTED: to grant a Victualling License to Gen-Care Inc. d/b/a Subway, 99 Fortin Road, Kingston, RI 02881. Application by Paul Gencarelli, President, 74 Grande Brook Circle, Apt. 1422, Wakefield, RI 02879; Renewal. License No. BS-16-203.
(CA) 6E. UNANIMOUSLY VOTED: to grant a Victualling License to Gen-Care Inc. d/b/a Subway, 1 Keaney Road, Kingston, RI 02881. Application by Paul Gencarelli, President, 74 Grande Brook Circle, Apt. 1422, Wakefield, RI 02879; Renewal. License No. BS-16-205.
(CA) 8E. 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) 13B. UNANIMOUSLY VOTED: that Civil Action No. WC-2017-0349 filed by Thomas F. Keane on his own behalf relative to an incident that occurred on or about July 26, 2014 be referred to the Town Solicitor and the Town’s insurance carrier.
(CA) 13F. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $5,563.40, as shown on Tax Abatement Request No. 541.
(CA) 13I. 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 present and after testimony is given and discussion ensues, it is
UNANIMOUSLY VOTED: to grant a Holiday Sales License to Kingston Mart, Inc., 100 Fortin Road, Unit #2, Kingston, RI 02881. Application by Youssef Akrasi, 259 Rogers Lane, Middletown, RI 02842; New. License No. BS-17-28.
B. Fred Bartlett, Co-Race Director is present and after testimony and discussion, it is
UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct a portion of the 26th annual FirmMan Half Iron Triathlon in South Kingstown on Sunday, September 10, 2017 at 7 AM to F.I.R.M., 19 Deer Run, Charlton, MA 01507 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 for the event in the amounts specified by the Finance Director, approval by RIDOT, and subject to approval and conditions set by the Traffic and Transportation Review Committee. Proceeds to benefit Narragansett Parks and Recreation. Application by William H. Fiske, Race Director, 19 Deer Run, Charlton, MA 01507; Renewal. License No. SE-17-14.
7. PUBLIC HEARINGS
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 T LEGITIMATE THEATER LIQUOR LICENSE
Application for a Class T Legitimate Theater Liquor License by The Contemporary Theater Company, 321 Main Street, Wakefield, RI by Terrence G. Simpson, President for the indoor performance room and the outdoor patio, in accordance with a Special Use Permit granted June 21, 2017 by the Zoning Board of Review; and as further defined in a site plan on file in the Town Clerk’s office.
Additional background information was previously distributed to the Town Council with the July 20, 2017 Town Manager's Report, Agenda Item I 13C.
Councilman Viele recuses himself, as he is a Board Member of the Theater.
Attorney Robert Donnelly, Terrence Simpson, President and Christopher Simpson, Executive Director are in attendance representing the Theater. Mr. Donnelly makes a presentation, and Christopher Simpson testifies regarding the Theater’s application.
Discussion ensues, and it is
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 by increasing the number of Class T licenses from 2 to 3:
Class Number
A – Retail 4 maximum
B – Victualler 28
B – Tavern 2
B – Limited 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 3
Additional background information was previously distributed to the Town Council with the July 20, 2017 Town Manager's Report, Agenda Item I 13B.
7A. The Town Council returns to a decision on Public Hearing 7A, and it is
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 T LEGITIMATE THEATER LIQUOR LICENSE
Application for a Class T Legitimate Theater Liquor License by The Contemporary Theater Company, 321 Main Street, Wakefield, RI by Terrence G. Simpson, President for the indoor performance room and the outdoor patio, in accordance with a Special Use Permit granted June 21, 2017 by the Zoning Board of Review; and as further defined in a site plan on file in the Town Clerk’s office. License No. AL-17-11.
Said license is contingent upon the issuance of a Certificate of Good Standing from the RI Division of Taxation, issuance of a Certificate of Insurance evidencing required liability coverage, 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.
Councilman Viele recuses himself.
7B. Notice having been duly given, a Public Hearing is opened relative to an application for an amendment to the Zoning Map to change the zoning of a portion (200,000 square feet) of Assessor’s Plat 14, Lot 65 from “OS – Open Space, Conservation and Recreation” to “R200 – Rural Very Low Density Residential.” The parcel is located at 500 Waites Corner Road. Application by Nicholas Gorham, Esquire on behalf of Cottrell Homestead, LLC, 500 Waites Corner Road, West Kingston, RI 02892.
It is noted that the applicant has requested a continuance due to lack of notice to abutters, and it is
UNANIMOUSLY VOTED: to continue to September 11, 2017 a Public Hearing to consider an application for an amendment to the Zoning Map to change the zoning of a portion (200,000 square feet) of Assessor’s Plat 14, Lot 65 from “OS – Open Space, Conservation and Recreation” to “R200 – Rural Very Low Density Residential.” The parcel is located at 500 Waites Corner Road. Application by Nicholas Gorham, Esquire on behalf of Cottrell Homestead, LLC, 500 Waites Corner Road, West Kingston, RI 02892.
8. COMMUNICATIONS
A. Sharon Gold is present and testifies, and after discussion it is
UNANIMOUSLY VOTED: that a communication dated July 26, 2017 from Sharon Gold concerning the environmental impact of carbon dioxide emissions from idling vehicles is received, placed on file and referred to the Sustainability Committee. (8/3/2017 Interim, Item D.)
B. UNANIMOUSLY VOTED: that a communication dated July 31, 2017 from W. Colin McCullough tendering his resignation from the Library Board of Trustees is received, placed on file, and the Town Council accepts the resignation and directs that a letter of thanks be sent. (8/10/2017 Miscellaneous, Item II D.)
C. UNANIMOUSLY VOTED: that a communication dated August 9, 2017 from Councilwoman Gledhill concerning the status of the Community Development Block Grant (CDBG) funding program is received and placed on file along with the Town Manager’s letter dated August 9, 2017 to the Governor expressing the Town’s concerns in this regard. (8/10/2017 Miscellaneous, Item II G.)
D. UNANIMOUSLY VOTED: that a communication dated August 10, 2017 from Edward Terwilliger III tendering his resignation from the Economic Development Committee is received, placed on file, and the Town Council accepts the resignation and directs that a letter of thanks be sent. (8/10/2017 Miscellaneous, Item II H.)
9. COMMENTS FROM INTERESTED CITIZENS
Council President Healy invites residents to come forward with comments.
Joe Dziobek, Director, Welcome House of South County is present and comments on the lack of Community Development Block Grant (CDBG) funding by the State.
10. TOWN MANAGER’S REPORT
The Town Manager’s Interim Reports dated July 27 and August 3, 2017, and the Agenda and Miscellaneous Reports dated August 10, 2017 are accepted, approved and placed on file.
11. TOWN SOLICITOR’S REPORT
The Town Solicitor’s Report is accepted.
12. APPOINTMENTS
A. UNANIMOUSLY VOTED: to appoint Sarah E. Diorio a/k/a Sarah Daly-Van Oot to the Economic Development Committee to fill a term to expire in March 2019.
UNANIMOUSLY VOTED: to appoint Mario Briccetti to the Library Board of Trustees to fill a term to expire in July 2019.
UNANIMOUSLY VOTED: to reappoint Mary Talbot-Rabuano to the Conservation Commission for a term to expire in September 2020.
13. NEW BUSINESS
C. UNANIMOUSLY VOTED: to authorize an award of bid to Tasca Ford, 250 Webster Square Road, Berlin, CT 06037 for a 2017 Ford F350 pickup truck with snow plow in an amount not to exceed $26,375, including trade-in; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 25, 2017 and entitled “Bid Recommendation – Pickup Truck with Snow Plow.”
D. UNANIMOUSLY VOTED: to authorize an award of bid to Stoneham Motor Company Inc., 185 Main Street, Stoneham, MA 02180 for a 2017 Ford F350 pickup truck with Liftgate in an amount not to exceed $31,508, including trade-in, with authorization that $1,508 be appropriated from the Wastewater Fund’s unrestricted net assets in addition to the available CIP funding; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 25, 2017 and entitled “Bid Recommendation – Pickup Truck with Liftgate.”
E. UNANIMOUSLY VOTED: to amend an award of contract originally authorized on June 13, 2011, and amended on October 11, 2011, July 14, 2014 and November 14, 2016 to St. Jean Engineering, LLC, 1145 Middle Road, East Greenwich, RI 02818 for consulting engineering services to prepare Matunuck shoreline protection design plans and specifications from an amount not to exceed $131,900 to an amount not to exceed $181,900, including a contingency; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated July 25, 2017 and entitled "Matunuck Beach Road Protection Project Engineering Services – Contract Amendment."
G. UNANIMOUSLY VOTED: to accept for Town ownership and maintenance, the road and associated infrastructure associated with The Woods on Laurel Lane subdivision, identified as Cyrus Court and described in a Warranty Deed from Green Hill Builders of RI, LLC to the Town of South Kingstown. Said deed shall be recorded in the South Kingstown Land Evidence Records. In support of this action, the developer has posted a $34,563 maintenance bond to guarantee the site infrastructure and landscaping for a period of three (3) years, beginning July 31, 2017. Said guarantee shall not be released until the conditions imposed by the Planning Board on June 13, 2017 have been satisfied. Said road acceptance is further described in a memorandum from the Director of Planning to the Town Manager dated August 10, 2017 and entitled “Street Acceptance of Cyrus Court – The Woods on Laurel Lane Subdivision."
H. Consideration of New Business Item 13H is deferred until the conclusion of the Closed Executive Session.
14. CLOSED EXECUTIVE SESSION
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 8:32 p.m. pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public; and pursuant to RIGL §42-46-5(a)(7) to discuss matters related to the question of the investment of public funds where the premature disclosure would adversely affect the public interest.
Regular Session is reconvened at 9:10 p.m., and it is
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public; and pursuant to RIGL §42-46-5(a)(7) to discuss matters related to the question of the investment of public funds where the premature disclosure would adversely affect the public interest.
13H. The Town Council returns to New Business Item 13H, and it is
UNANIMOUSLY VOTED: to authorize an award of contract to The Mercer Group, Inc., 1201 Little Lake Hill Drive, Raleigh, NC 27607 for executive search services for the position of Town Manager in accordance with specifications in Bid #SK0001TM and in an amount not to exceed $23,500.
UNANIMOUSLY VOTED: to adjourn at 9:15 PM.
Dale S. Holberton, CMC
Town Clerk