REGULAR SESSION
MARCH 27, 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 27th day of March 2017 at 7:30 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
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 four members are present. Councilwoman Gledhill is absent.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on March 2, March 6 and March 13, 2017 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on March 13, 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) 6D. UNANIMOUSLY VOTED: to grant a Laundry License to Matunuck Laundry, 706 Matunuck Beach Road, Wakefield, RI 02879. Application by Barbara Placido, P.O. Box 157, Pomfret, CT 06258; Renewal. License No. BS-17-8.
(CA) 7F. 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 proposed amendments to the Town Code, Chapter 6 Finance, Article II. Purchasing, as follows:
Section 6-29. Surplus stock.
(a) Generally. All departments shall submit to the Procurement Administrator administrative assistant, at such time and in such form as the Procurement Administrator administrative assistant shall prescribe, reports showing stocks of all supplies and equipment which are no longer used or which have become obsolete or worn out.
(b) Transfers. The Procurement Administrator administrative assistant is hereby authorized to transfer surplus stock to other departments.
(c) Sales. The Procurement Administrator administrative assistant is hereby authorized to sell all surplus stock having an estimated value of less than two thousand five hundred dollars ($2,500.00) which has become unsuitable for public use, or to exchange the same for, or trade in the same, on new supplies or equipment. Sales under this subsection shall be made to the highest possible bidder through an annual auction process.
(CA) 12D. 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 Holiday Sales License filed by Sprint Spectrum, LP, 20 Main Street, Suite F, Wakefield, RI 02879. Application by Laura Veit, 6500 Sprint Parkway 5ATTX, Overland Park, KS 66251; New; continued from February 27 and March 13, 2017; is continued to April 10, 2017.
B. Zachary Walker is present and testifies, and after brief discussion it is
UNANIMOUSLY VOTED: to grant a Victualling License to ZZ Brothers LLC d/b/a El Fuego Mexican Grill, 344 Main Street, Wakefield, RI 02879. Application by Zachary R. Walker, Member, P.O. Box 350, West Kingston, RI 02892; New. License No. BS-17-13.
C. Kathy Bessette is present and testifies, and after brief discussion it is
UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the “Run 4 Kerri” road race on Sunday, August 6, 2017 at 9 AM to THE KERRI LYNN BESSETTE FEMALE ATHLETIC SCHOLARSHIP FUND, INC., 78 Bedford Drive, 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 insured for the event in the amounts specified by the Finance Director, and subject to conditions set by the Town’s Transportation and Traffic Review Committee. Proceeds to benefit the Run 4 Kerri Scholarship Fund. Application by Kathleen M. Bessette, 78 Bedford Drive, Wakefield, RI 02879; Renewal. License No. SE-17-5.
7. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that resolutions adopted February 7, 2017 by the South Kingstown School Committee concerning Group Home Aid; Concealed Firearms on School Grounds (House Bill H 5345); Teacher Tenure Act; Early College, Dual and Concurrent Enrollment Regulation; Curriculum and Instruction in Health and Physical Education (House Bill H 5120); Student Transportation; and Student Assessment Information and Stakeholder Reports, continued from March 13, 2017, are received and placed on file. (3/2/2017 Interim, Item E.)
B. UNANIMOUSLY VOTED: that resolutions adopted March 13, 2017 by the Charlestown Town Council in support of the RI Promise Program to provide 2-year scholarships to state colleges and the university; in support of the inadequacies of the Low and Moderate Income Housing Act as they affect municipalities outside the urban services boundary, as identified by the Town of Glocester report submitted to the LMIH Study Commission; and requesting the General Assembly to enact a special act authorizing the Town of Charlestown to regulate earth removal activities within the Town are received and placed on file. (3/23/2017 Miscellaneous, Item II B.)
C. UNANIMOUSLY VOTED: that resolutions adopted March 20, 2017 by the Jamestown Town Council in support of Gun Free Schools legislation (House Bill H 5345 and Senate Bill S 0187), and in support of immigration enforcement legislation (House Bill H 5515) are received and placed on file. (3/27/2017 Miscellaneous, Item II E.)
D. A communication dated March 20, 2017 from Vito Buonomano III, Northeast Solar & Wind Power, LLC requesting adoption of an ordinance permitting medium scale solar projects on farms is considered.
Vito Buonomano is present along with Scott Milnes from the Econox Group Inc. and they discuss their proposals for solar projects on 3 farms in South Kingstown.
Pamella Jeffrey, representing Cottrell Farm is present and speaks in favor of allowing solar projects on farms.
Discussion ensues relative to the status of the Planning Board’s review and development of recommendations regarding a comprehensive solar ordinance, and it is
UNANIMOUSLY VOTED: that a communication dated March 20, 2017 from Vito Buonomano III, Northeast Solar & Wind Power, LLC requesting adoption of an ordinance permitting medium scale solar projects on farms is received, placed on file, and referred to the Planning Board. (3/23/2017 Miscellaneous, Item II F.)
E. A communication dated March 21, 2017 from Margaret Bucheit, Immigration Committee of the Rhode Island Women’s March, requesting adoption of an Immigration Protection Proposal is considered.
Margaret Bucheit is present and reads a prepared statement on immigration protection.
Joanne Pope Melish is present and discusses the historical precedence for non-cooperation laws, the legality of federal commandeering of local officials, and requests the Town Council to support the proposed resolution on immigration protection.
Jeff Melish, Executive Board Member notes that the ACLU has prepared a model ordinance for the Town Council’s consideration.
Reverend David Helfer, Minister at the Unitarian Universalist Church in Peace Dale is present and speaks in support of the proposed resolution.
Jan Terry is present and speaks in support of the proposed resolution.
The Town Solicitor suggests modifications to the fourth, seventh, eighth and tenth paragraphs of the proposed resolution and discussion ensues.
In response to Council President Healy’s question, Joseph P. Geaber, Jr., Interim Police Chief responds that there have been no immigration problems or situations in this town. Chief Geaber discusses the police department’s standard law enforcement practices and non-discrimination policies.
Joanne Melish notes there are two bills that have been introduced in the General Assembly regarding immigration protection that have implications for all government employees, in addition to law enforcement personnel.
Bill Ohley, URI Professor comments that applicants for a university position who are from outside this country are worried about what may happen if they take a job here.
Discussion ensues regarding Council members’ concerns about becoming a so-called “sanctuary” town.
The Town Solicitor concurs that this resolution does not establish that type of status.
Further discussion ensues, and it is
UNANIMOUSLY VOTED: that a communication dated March 21, 2017 from Margaret Bucheit, Immigration Committee of the Rhode Island Women’s March, requesting adoption of an Immigration Protection Proposal is received, placed on file, and the resolution is adopted as amended, as follows. (3/23/2017 Miscellaneous, Item II H.)
Town of South Kingstown
Commitment to Equal, Respectful and Fair Treatment of All People
Regardless of Their Immigration, Ethnic or Religious Status and a
Commitment to Remain a Welcoming Community
Whereas, the Town of South Kingstown has long welcomed and embraced individuals of diverse racial, ethnic, religious and national backgrounds, and takes great pride in its commitment to non-discriminatory police policies, and
Whereas, demographic information prepared by the 2016 census shows that 4.7% of South Kingstown's adult residents are foreign born, and that the University of Rhode Island, which is located within the town, has 500 international graduate and undergraduate students, 54 employees with green card status and 33 employees with H1-B visas (temporary worker – maximum duration of six years with this status can only be extended if green card application is in process) and
Whereas, fostering a relationship of trust, respect and open communication between Town officials and residents is essential to delivering effective public health services and maintaining a high quality of life; and
Whereas, mutual respect and trust between the community and the South Kingstown Police Department are critical to promoting public safety, since the police depend on the cooperation of individuals, documented or not, who are victims of, or witnesses to crimes; and
Whereas, it is the intention of the South Kingstown Town Council to clarify the relationship between the Town and the Federal Government regarding enforcement of immigration laws,
Now therefore, be it resolved by the Town Council of the Town of South Kingstown in the State of Rhode Island and Providence Plantations that:
First: No department, employee or official of the Town of South Kingstown shall withhold information, Town services, or benefits based on status of citizenship, immigration, ethnicity or religious affiliation.
Second: All departments, employees, and officials of the Town of South Kingstown shall comply with the United States and Rhode Island Constitutions, the Rhode Island Attorney General directives, and Federal and State nondiscrimination laws; and shall not take any actions that profile individuals or groups based on religion, race, ethnicity, national origin or immigration status; and shall not engage in racially or immigration influenced policing.
Third: No department, employee or official of the Town of South Kingstown shall take part in the registration or reporting of individuals based on religion, race, ethnicity, national origin or immigration status.
Fourth: The South Kingstown Police Department's overriding mission is to enforce state and local criminal laws and to protect the community it serves, and not to administer Federal Immigration Laws.
Fifth: The South Kingstown Police Department shall adhere to the directives and guidelines of the Rhode Island Attorney General with respect to the manner in which local law enforcement agencies interact with Federal Immigration authorities.
Sixth: The Town of South Kingstown, including its departments, employees, and officials shall not expend Town funds or resources to enforce Federal Immigration Laws unless required by Federal or State statute, regulation, court decision or directives and guidelines of the Rhode Island Attorney General.
Seventh: Nothing in this resolution shall be construed or implemented to conflict with any obligation imposed by State or Federal Statutes applicable regulations, and directives of the Rhode Island Attorney General.
Eighth: Town employees and officials shall monitor any efforts by the Federal Government to withhold or withdraw Federal funding.
Ninth: The Town shall monitor any efforts to require the expenditure of funds or resources to enforce Federal Immigration Laws and shall take action to appeal or challenge any such requirement.
8. COMMENTS FROM INTERESTED CITIZENS
Council President Healy invites residents to come forward with comments.
Arthur Laurenson Jr. is present and reads his letter dated March 27, 2017 concerning his family’s property on Plains Road, near the Superfund site, and an easement being negotiated for the Town of South Kingstown, DEM and the EPA.
Discussion ensues, and it is consensus to refer this matter to the Town Solicitor.
Tara Apperson is present and submits copies of an online petition being circulated in support of a 2% increase in the tax transfer to the School Fund.
Brooke Conley is present and informs the Council that she has submitted a budget petition to increase the tax transfer to the School Fund by 4% over the current year’s funding.
9. TOWN MANAGER’S REPORT
The Town Manager’s Interim Report dated March 16, 2017, and the Agenda and Miscellaneous Reports dated March 23, 2017 are accepted, approved and placed on file.
10. TOWN SOLICITOR’S REPORT – none
11. APPOINTMENTS
A. UNANIMOUSLY VOTED: to appoint Jennifer Krueger to the Affordable Housing Collaborative Committee to fill a term to expire in August 2019.
UNANIMOUSLY VOTED: to appoint Anne E. Heffron to the Conservation Commission to complete a term to expire in September 2018.
UNANIMOUSLY VOTED: to appoint William M. Rosen to the Trustees of the South Kingstown School Funds to complete a term to expire in June 2020.
UNANIMOUSLY VOTED: to appoint Thomas J. Daniels to the Zoning Board of Review as Alternate #1 to complete a term to expire in March 2019.
UNANIMOUSLY VOTED: to promote Richard Jurczak from Alternate #1 to full member of the Zoning Board of Review for a term to expire in March 2020.
UNANIMOUSLY VOTED: to appoint Ernest D. George, Jr. to the Zoning Board of Review as a full member for a term to expire in March 2020.
UNANIMOUSLY VOTED: to appoint Michael G. Henry to the Zoning Board of Review as Alternate #2 for a term to expire in March 2020.
12. NEW BUSINESS
A. Discussion ensues relative to a resolution, continued from March 13, 2017, authorizing the Town Manager to execute RI Department of Transportation Construction and Maintenance Agreements for High Street Improvements.
Jon Schock, Director of Public Services informs the Council that he and Town Engineer Josh Rosen met with the RIDOT Project Manager to discuss the stormwater sand filters, and an amended design plan was received from RIDOT today. RIDOT will need a permit modification from DEM to proceed.
Discussion ensues relative to authorizing the C&M agreements subject to DEM approval of the modification plans. The Department of Public Services can meet again with the Wakefield Village Association regarding their proposed landscaping plans.
UNANIMOUSLY VOTED: to authorize the Town Manager to execute RI Department of Transportation Construction and Maintenance Agreements for High Street Improvements, subject to receiving written approval from DEM of the amended RIDOT plans; as further detailed in a memorandum from the Public Services Director to the Town Manager dated March 8, 2017 and entitled “High Street Improvements – Stormwater Sand Filters – Construction & Maintenance Agreement.”
B. UNANIMOUSLY VOTED: to adopt the Town Beach Policy for the 2017 season, and amend the Town’s Schedule of Fees, as shown as follows; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated March 21, 2017 and entitled “2017 Town Beach Policy and Fee Schedule.”
TOWN BEACH POLICY
It is the policy of the Town of South Kingstown to operate and maintain as a municipal facility the Town Beach at Matunuck for the 2017 summer season.
General Rules and Information
§ The South Kingstown Town Beach is open to the public from Memorial Day Weekend through Labor Day.
§ The Parking lot opens daily at 8:00 AM.
§ Restrooms are normally open from 8:00 AM to 7:00 PM during the week and until 8:00 p.m. on weekends. The facilities may remain open later to accommodate a private/public event.
§ All cars must be vacated from the parking area no later than 9:00 PM as the gate is closed and locked at that time.
§ Alcohol consumption on the property is prohibited.
§ Smoking on the property is prohibited.
§ Dogs are prohibited from Memorial Day weekend through Labor Day – excluding service dogs as defined by ADA (see section V). Compliance with the Town’s leash law is required at all times during the off season when dogs are allowed on the beach.
Use of the municipal parking lot at the South Kingstown Town Beach shall be governed in accordance with the following regulations:
I. Beach Parking Stickers
A. A seasonal parking sticker will be required for access to the beach parking area.
B. The fees for seasonal and daily beach parking shall be as follows:
Seasonal
1. Resident $50
2. Resident (additional sticker(s) for same household) *$40
3. Elderly Abatement $25
4. Non-Resident $90
5. Cottage Pass $170
6. 100% Disabled Veteran/Ex-POW No fee
* Must be purchased at the same time as primary resident sticker and registration must indicate additional vehicle(s) is registered at same address.
Weekdays – Monday through Friday
7. Resident Daily parking fee $10
8. Non-resident Daily parking fee $20
9. Daily parking for busses and large recreational vehicles $50
Weekends
10. Residents $15
11. Non-residents $25
C. Resident beach parking passes shall only be issued to persons meeting one or more of the following qualifications:
1. Property taxpayers found in the most current tax roll.
2. Property taxpayers who can show a receipt for payment of the current year's taxes.
3. A person who can provide the Town with a copy of a current valid 90-day or longer lease term in South Kingstown.
4. Any person who can show current rent receipts for a South Kingstown property for a period of not less than 90 days.
D. Persons failing to meet the above-noted qualifications shall be eligible to purchase a non-resident parking pass for the South Kingstown Town Beach at the fee noted in paragraph B.4 above.
E. Resident parking passes will be issued only to vehicles registered to individuals meeting the criteria established in paragraph C. above.
F. Parking stickers are not transferable. Each pass will be marked to indicate the registration number of the vehicle to which it was issued.
G. A valid vehicle registration must be presented for each vehicle for which a pass is issued.
H. Parking passes are only valid if affixed to the lower front windshield on the driver's side of the vehicle.
I. Cottage passes will be issued to owners of rental units in South Kingstown in accordance with the following procedures:
1. A separate pass must be purchased for each cottage.
2. Rental units must be located in South Kingstown.
3. Passes are assigned to a specific cottage and may only be used by the tenants of that specific cottage.
4. The pass must be presented at the front gate at the time of entry to the beach. The pass will remain with the front gate personnel and will be picked up when the user leaves the facility.
II. Parking Priorities
A. Personnel of the South Kingstown Parks and Recreation Department, with the assistance and support of the South Kingstown Police Department will oversee the management and security of the beach parking areas.
B. Priority will be given to South Kingstown resident vehicles with beach passes. If in the judgment of the beach supervisor, the parking lot may fill to capacity on a given day, the beach supervisor will limit parking to those vehicles with valid seasonal passes. However, parking will only be reserved for vehicles with beach passes until 1:00 p.m. If in the judgment of the beach supervisor, the parking lot will not fill, the beach supervisor may sell daily parking passes on a first-come, first-serve basis.
C. Motorcycles, mopeds and all other recreational vehicles are considered motor vehicles for purpose of admission.
D. Bicycles are not considered vehicles and will be parked at the bike rack or at other designated areas.
III. Picnic Area
A. Group Picnic Rental area includes the following amenities:
1. 8 picnic tables to accommodate seating up to 75 individuals
2. Large grill for charcoal use only, open flames are prohibited
3. All other facilities and open space at the beach remains open to the general public on a first come first serve basis.
B. Rental Procedure
1. Picnic area rental includes exclusive use of 8 picnic tables and large grill, all other facilities and open space at the beach remains open to the general public on a first come first serve basis.
2. Group rentals will be limited to a maximum number of 75 guests.
3. Hours available for rental:
· Half day rental time slots are 11:00 AM - 3:00 PM OR 4:00PM – 8:00 PM. Early setup or late departure will be assessed the full day rental rate.
· Full day rental 11:00AM – 8:00PM
4. The picnic area is available for rental only when the beach is open and fully staffed. The area is not available for rental on holidays including Memorial Day weekend, July 3, 4, and 5, and Labor Day weekend.
5. Rental rates do not include parking. All cars will be charged our standard resident or non-resident parking fee at the gate. Multiple one day parking passes for guests can be pre-purchased for the day of the event at the standard resident rate. Passes must be purchased and paid in full no less than 2 weeks prior to the event. Passes can be either mailed to one address or picked up at the Neighborhood Guild prior to the event during operating hours. Passes will not be available for pickup at the Beach.
6. Renters are asked to remove all garbage in excess of what will fit in one garbage barrel provided at the area.
7. Areas on the beach other than the designated picnic area will not be reserved or rented for weddings or other events.
8. Alcohol consumption on the property is strictly prohibited. Patrons using alcohol will be required to vacate the premises.
9. No tents larger than 10 x 10 “pop up” style allowed.
10. No gas grills or other cooking devices allowed.
11. No open flame fire pits allowed.
12. No private vendors, food trucks, or catering services allowed.
13. No inflatable structures or “bounce houses” allowed.
14. No amplified music or PA systems allowed.
15. Cancelation Policy: Cancellations or rescheduling due to weather or any other event must be made at least 48 hours in advance or will forfeit the rental fee. A “no show” will not receive a refund. If you would like to reserve a rain date in advance you must reserve and pay for the rain date also.
16. Renters in violation of any of the above policies will be asked to vacate the premises and will forfeit their rental fee.
Special use rental of the Town Beach and/or its facilities by for-profit entities for the purpose of profit making activity is subject to approval of the Recreation Commission.
C. Fee Schedule SK Resident/Non-Profit Non-Resident / For Profit
$150/day, $100/half day $200/day, $150/half day
IV. Storage Unit Rental
A. Rental Procedure
1. Rental fee per unit is $170 for the season (May 27–Sept. 4, 2017)
2. Rental applications will be accepted at the Neighborhood Guild from April 1st through May 1st. If greater than twelve applications are received, a lottery will be held at the Neighborhood Guild on May 2nd at 10 a.m.
3. Only one application may be submitted per address.
4. Payment must be submitted to the South Kingstown Parks and Recreation Department, 325 Columbia Street, Peace Dale within five business days of the lottery drawing (by May 9, 2017)
5. APPLICATION AND PAYMENT FOR BEACH STORAGE UNITS ARE ONLY ACCEPTED AT THE NEIGHBORHOOD GUILD. APPLICATIONS WILL NOT BE ACCEPTED AT THE TOWN BEACH.
B. Eligibility Requirements
1. Property taxpayers found in the most current tax roll.
2. Property taxpayers who can show a receipt for payment of the current year's taxes.
3. A person who can provide the Town with a copy of a current valid 90-day or longer lease term in South Kingstown.
4. Any person who can show current rent receipts for a South Kingstown property for a period of not less than 90 days.
C. Storage Unit Rules
1. The name on the application form is the person responsible for the rental unit.
2. Renter agrees to provide their own lock.
3. Renter has access to storage unit during regular operating hours of beach.
4. The unit must be cleaned and emptied by Labor Day. Items left in the unit after Labor Day become the property of the Town and will be disposed of.
5. The following items may not be stored in the rental unit:
a. Alcohol
b. Firearms
c. Food (overnight)
d. Portable grills
6. Unit rental rights are not transferable.
7. Unit rental is not renewable for future seasons. A lottery will be conducted annually.
8. The Town of South Kingstown is not responsible for any damage to or loss of renter’s property as a result of theft or vandalism.
V. Service Animals
Service animals as defined by the Americans with Disabilities Act:
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Beach patrons accompanied by a dog may be asked what work or task has the dog been trained to perform.
Susan M. Flynn, CMC
Deputy Town Clerk
to listen to the AUDIO of this meeting.