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WORK SESSION
SEPTEMBER 25, 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 25th day of September 2017 at 6:45 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
Liz Gledhill
Joe Viele
1. A. WORK SESSION
Discussion ensues relative to Communication Item 7C dated September 18, 2017 concerning a petition requesting the implementation of traffic calming and safety improvements in the Narragansett Avenue East neighborhood.
Discussion ensues relative to Communication Item 7E dated September 5, 2017 from Dennis Bowman on behalf of the Friends of Green Hill Pond requesting the Town to authorize matching funding of $25,000 for their proposed project to improve the water quality of Green Hill Pond.
Discussion ensues relative to a communication from Christopher Benson, President, Kingston Woods Homeowners’ Association in regard to a violation notice issued in 2010 to Stephen Brown, an owner of property in the Kingston Woods subdivision, concerning a shed on his property and the disposition of that violation notice.
Discussion ensues relative to Communication Item 7B dated September 13, 2017 from Town Solicitor Michael A. Ursillo, Esquire regarding immigration protection.
Discussion ensues relative to the South County Art Association request for a letter of support in regard to a $10,000 grant from RI Cultural Facilities Grant (RICFG).
Boy Scout Troop 1, Wakefield will be present this evening to lead the Pledge of Allegiance to the Flag.
Discussion ensues relative to the email received from Karen Votava in regard to the hotel proposed for construction on US Route 1 in District 5 of South County Commons.
Discussion ensues relative to New Business Item 12C authorizing the Town Clerk to advertise for Order of Notice a Public Hearing to consider the proposed adoption of six (6) Police Department Standing Orders relative to Use of Force; OC Spray; Police Baton; Conducted Electrical Weapons; Caliber Weapons, Ammunition and Safety; and Vehicular Pursuit.
Discussion ensues relative to New Business Item 12D directing staff to prepare an application for the “Planning for a Livable Future” technical assistance program, and authorizing the Town Manager to submit the same to the Rhode Island Division of Statewide Planning.
Discussion ensues relative to New Business Item 12E expressing support for the Town of South Kingstown’s application for the “Planning for a Livable Future” program. The revitalization and enhancement of Old Tower Hill Road would provide considerable economic benefits to the Town given the corridor’s role as the primary gateway to the community and the main thoroughfare serving the Town’s commercial districts. Furthermore, the current configuration and traffic pattern of Old Tower Hill Road present significant safety concerns, and design solutions are needed to improve the safety of residents and visitors. The South Kingstown Town Council urges the Rhode Island Division of Statewide Planning to look favorably upon the application, given the many noteworthy benefits likely to result from this important study.
Discussion ensues relative to New Business Item 12F authorizing the Town Manager to execute individual Payment in Lieu of Tax (PILOT) Agreements for FY2017-2018 with The South Kingstown Land Trust, The Jewish Children’s Home of Rhode Island (Camp JORI), and Welcome House of South County in accordance with the Town Code, Chapter 17 Taxation, Article IV. Property Tax Exemptions and Payment in Lieu of Tax Agreements for Charitable Organizations, Section 17-45. Authorization; and to affirm the policy guidelines described in a memorandum from the Town Manager to the Town Council dated September 19, 2017 and entitled “PILOT Program FY 2017-2018.”
Discussion ensues relative to New Business Item 12A authorizing an award of bid to Pariseault Builders, Inc., 69 Illinois Avenue, Suite 1, Warwick, RI 02888 to construct a handicapped accessible deck with ramp at the Adult Day Services facility located at 283 Post Road in accordance with all bid specifications, in an amount not to exceed $46,450, including a contingency of $4,000.
Discussion ensues relative to New Business Item 12H authorizing an award of contract to R.E. Erickson Co., Inc., 595 Providence Highway, P.O. Box 191, Walpole, MA 02081 for Water Division SCADA improvements in an amount not to exceed $29,681, including a $3,000 contingency to be funded from the Water Enterprise Fund unassigned net assets.
Discussion ensues relative to New Business Item 12I authorizing an award of bid to National Wash Authority, 100 North Jackson Street, Morrison, IL 61270 for exterior power washing of the Victoria Lane and Mautucket Road water tanks in an amount not to exceed $52,445, including a $5,000 contingency, with authorization that any funds expended in excess of $49,000 be appropriated from the Water Fund’s unrestricted net assets.
Discussion ensues relative to New Business Item 12J authorizing an amendment to an award of contract originally authorized on October 13, 2015 to James J. Geremia & Associates, Inc., 272 W. Exchange Street, Suite 201, Providence, RI 02903-1061 for wastewater engineering design and construction management services from an amount not to exceed $151,100 to an amount not to exceed $252,100, including a $20,000 contingency.
Convened to Regular Session.
Dale S. Holberton, CMC
Town Clerk
REGULAR SESSION
SEPTEMBER 25, 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 25th day of September 2017 at 7:30 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
Liz Gledhill
Joe Viele
1. B. REGULAR SESSION 
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The Pledge of Allegiance to the flag is led by Boy Scouts from Troop 1 Wakefield.
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 September 11, 2017 are accepted, approved and placed on file.
B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on September 5 and September 11, 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) 6B. UNANIMOUSLY VOTED: to grant Victualling Licenses for the year beginning December 1, 2017 to the following; Renewals:
China Garden Li d/b/a China Garden, 564 Kingstown Road, Wakefield, RI 02879. Application by Li Chao Ying, 10 Hendricks Street, Wakefield, RI 02879. License No. BS-17-57.
S & C Ice Cream Inc. d/b/a Brickley’s Ice Cream, 322 Main Street, Wakefield, RI 02879. Application by Stephen F. Brophy, President, 20 Jessica Lane, Wakefield, RI 02879. License No. BS-17-47.
(CA) 6C. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2017 to the following; Renewals:
Diversified Retailers Inc. d/b/a Feet First, 153 Old Tower Hill Road, Wakefield, RI 02879. Application by Kenneth Richmond, President, Edgewood Farm Road, Wakefield, RI 02879. License No. BS-17-74.
Graphic Expressions Inc., 254 Robinson Street, Wakefield, RI 02879. Application by Wayne T. Cahoone, President, 79 Columbia Street, Wakefield, RI 02879. License No. BS-17-55.
Kenyon Avenue Floral Co. Inc., 243 Kenyon Avenue, Wakefield, RI 02879. Application by William J. Matson IV, President, 247 Kenyon Avenue, Wakefield, RI 02879. License No. BS-17-61.
Stone Cove Marina Inc., 134 Salt Pond Road, Wakefield, RI 02879. Application by Stephen C. Wood, Jr., President, 90 Meadow Tree Farm Road, Saunderstown, RI 02874. License No. BS-17—82.
Wakefield Prescription Center Inc., 580 Kingstown Road, Wakefield, RI 02879. Application by Joel Rittner, President, 580 Kingstown Road, Wakefield, RI 02879. License No. BS-17-81.
(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2017 to the following; Renewals:
Belmont Marketplace Inc., 600 Kingstown Road, Wakefield, RI 02879. Application by Vincent J. Siravo, Jr., 600 Kingstown Road, Wakefield, RI 02879. License Nos. BS-17-71, 72.
L & R Northup Inc., 1892A Kingstown Road, Wakefield, RI 02879. Application by Rachel E. Northup, President, 112 Omer Drive, Wakefield, RI 02879. License Nos. BS-17-51, 52.
Richard Paolo Realty Inc. d/b/a Original Vanilla Bean, 757 Matunuck Beach Road, Wakefield, RI 02879. Application by Richard A. Paolo, President, 22 Anthony Circle, Attleboro Falls, MA 02763. License Nos. BS-17-83, 84.
(CA) 6E. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses and Additional Hours between 2 AM and 6 AM for the year beginning December 1, 2017 to New Albertson’s Inc. d/b/a Shaw’s Supermarket #7438, 160A Old Tower Hill Road, Wakefield, RI 02879. Application by Shaw’s Supermarkets Inc., P.O. Box 20, Dept. 70428, Boise, ID 83726; Renewals. License Nos. BS-17-66, 67, 68.
(CA) 6F. UNANIMOUSLY VOTED: to grant Farm Produce Licenses for the year beginning December 1, 2017 to the following; Renewals:
Evergreen Acres, Liberty Lane, West Kingston, RI 02892. Application by Edith E. Roberts, 3000 South County Trail, West Kingston, RI 02892. License No. BS-17-64.
Faella Farm, 1072 Saugatucket Road, Wakefield, RI 02879. Application by Christopher K. Faella, 1072 Saugatucket Road, Wakefield, RI 02879. License No. BS-17-59.
Kenyon Farm, 810 Usquepaugh Road, West Kingston, RI 02892. Application by Margaret R. Kenyon, 810 Usquepaugh Road, West Kingston, RI 02892. License No. BS-17-56.
Stoney Acres Farm, 140 Stoney Acres Way, Wakefield, RI 02879. Application by Linda M. Stedman, 140 Stoney Acres Way, Wakefield, RI 02879. License No. BS-17-60.
(CA) 6G. UNANIMOUSLY VOTED: to grant a Tourist Accommodations License for the year beginning December 1, 2017 to Meyer House LLC, 592 Matunuck School House Road, Wakefield, RI 02879 for 2 spaces, 4 persons. Application by Heather Meyer, 592 Matunuck School House Road, Wakefield, RI 02879; Renewal. License No. BS-17-54.
(CA) 6H. UNANIMOUSLY VOTED: to grant a Trailer Park – Mixed Use Facilities License for the year beginning December 1, 2017 to Worden Pond Family Campground Inc., 416A Worden Pond Road, Wakefield, RI 02879 for 200 spaces. Application by Mark P. Tucker, President, 68 Holden Street, Attleboro, MA 02703; Renewal. License No. BS-17-50.
(CA) 7A. UNANIMOUSLY VOTED: that a resolution adopted September 5, 2017 by the Hopkinton Town Council in support of House Bill H 6204 An Act Relating to Highways – Maintenance of Town Highways that would require utility companies to repair roadways disturbed by their operations is received and placed on file. (9/14/2017 Interim, Item D.)
(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) 12B. UNANIMOUSLY VOTED: to authorize an award of contract to Dell Marketing LP, P.O. Box 643561, Pittsburgh, PA 05264-3561 for the purchase of computer equipment for the Emergency Operations Center (EOC) per the State of Rhode Island Master Purchasing Agreement #345 in an amount not to exceed $6,086; and as further described in a memorandum from the Police Chief to the Town Manager dated September 12, 2017 and entitled “Bid Recommendation – EOC Computer Technology Upgrades – Grant #35-04-2016 SHSP.”
(CA) 12C. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider the proposed adoption of six (6) Police Department Standing Orders relative to Use of Force; OC Spray; Police Baton; Conducted Electrical Weapons; Caliber Weapons, Ammunition and Safety; and Vehicular Pursuit.
(CA) 12G. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $1,951.11, as shown on Tax Abatement Request No. 542.
(CA) 12K. 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 Miscellaneous Permit to conduct the Harbor Church 5K Road Race on Saturday, September 30, 2017 at 8:30 AM to The Harbor Church, 263 Waites Corner Road, West Kingston, RI 02892 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, and approval by the Traffic and Transportation Review Committee. Proceeds to benefit the Jonnycake Center and Welcome House. Application by Pastor Keith Mlyniec, 277 Waites Corner Road, West Kingston, RI 02892; Renewal. License No. SE-17-15.
7. COMMUNICATIONS
B. A communication dated September 13, 2017 from Town Solicitor Michael A. Ursillo, Esquire regarding immigration protection is considered. (9/21/2017 Miscellaneous, Item II C.) Mr. Ursillo has provided a copy of the resolution adopted by the Council in March, and a copy of the ordinance proposed by the ACLU, both “red-lined” with his suggested revisions for the Town Council’s consideration.
The following persons are present and offer comments:
Bonnie O’Connor
Joanne Melish
Jeff Melish, resident and ACLU Executive Board member
Ted Wachs
Veronika Kot, resident and attorney
Carol Czaja
Dr. Bill Rosen
Discussion ensues. Councilors Collins, Gledhill and DaCruz favor scheduling a Public Hearing to consider an ordinance. Council President Healy and Councilor Viele are not in favor of adopting an ordinance.
The Town Solicitor will draft further amendments to the ordinance proposed by the ACLU, including additional language recognizing the Town’s Police Department for their equal protection and treatment of all residents.
UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider the proposed adoption of a Municipal Immigrant Protection Ordinance.
C. A communication dated September 18, 2017 from Margaret Rankin Impagliazzo concerning a petition requesting the implementation of traffic calming and safety improvements in the Narragansett Avenue East neighborhood is considered.
The following residents are present and comment:
Margaret Rankin Impagliazzo
John Impagliazzo
Robert Impagliazzo
James Burns
Kerri Hayes
Discussion ensues regarding the recent fatality on Narragansett Avenue East and the feasibility of this request, and it is
UNANIMOUSLY VOTED: that a communication dated September 18, 2017 concerning a petition requesting the implementation of traffic calming and safety improvements in the Narragansett Avenue East neighborhood is received, placed on file, and referred to the Director of Public Services for further review. (9/21/2017 Miscellaneous, Item II D.)
D. UNANIMOUSLY VOTED: that a communication dated September 19, 2017 from Dr. Fran Alexakos tendering her resignation from the Economic Development Committee is received and placed on file. The Town Council accepts the resignation and directs that a letter of thanks be sent. (9/21/2017 Miscellaneous, Item II E.)
E. A communication dated September 5, 2017 from Dennis Bowman on behalf of the Friends of Green Hill Pond requesting the Town to authorize matching funding of $25,000 for their proposed project to improve the water quality of Green Hill Pond is considered. Memorandum)
Dennis Bowman is present and submits a report entitled “Improving Water Quality in Green Hill Pond.” Mr. Bowman discusses the status of the project and funding commitments obtained to date.
Discussion ensues, and it is
UNANIMOUSLY VOTED: that a communication dated September 5, 2017 from Dennis Bowman on behalf of the Friends of Green Hill Pond requesting the Town to authorize matching funding of $25,000 for their proposed project to improve the water quality of Green Hill Pond is received, placed on file, and it is voted to provide $25,000 in funding in support of this study. (9/21/2017 Miscellaneous, Item II L, Memorandum)
8. COMMENTS FROM INTERESTED CITIZENS
Council President Healy invites residents to come forward with comments.
Christopher Benson, President, Kingston Woods Homeowners Association is present and comments on a violation notice on a neighboring property.
Jonathan Daly-LaBelle is present and comments on immigration, housing issues, and school facilities.
9. TOWN MANAGER’S REPORT
The Town Manager’s Interim Report dated September 14, 2017, and the Agenda and Miscellaneous Reports dated September 21, 2017 are accepted, approved and placed on file.
10. TOWN SOLICITOR’S REPORT – none
11. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint Carolyn A. Griswold and Andrew Martinez to the Historic District Commission for terms to expire December 2020.
12. NEW BUSINESS
A. UNANIMOUSLY VOTED: to authorize an award of bid to Pariseault Builders, Inc., 69 Illinois Avenue, Suite 1, Warwick, RI 02888 to construct a handicapped accessible deck with ramp at the Adult Day Services facility located at 283 Post Road in accordance with all bid specifications, in an amount not to exceed $46,450, including a contingency of $4,000; and as further described in a memorandum from the Leisure Services Director to the Town Manager dated September 14, 2017 and entitled “Bid Recommendation – Adult Day Services Outdoor Deck.”
D. UNANIMOUSLY VOTED: to direct staff to prepare an application for the “Planning for a Livable Future” technical assistance program, and authorize the Town Manager to submit the same to the Rhode Island Division of Statewide Planning; as further described in a memorandum from the Director of Planning to the Town Manager dated September 14, 2017 and entitled “Planning for a Livable Future Application for Technical Assistance.”
E. UNANIMOUSLY VOTED: to adopt a resolution expressing support for the Town of South Kingstown’s application for the “Planning for a Livable Future” program. The revitalization and enhancement of Old Tower Hill Road would provide considerable economic benefits to the Town given the corridor’s role as the primary gateway to the community and the main thoroughfare serving the Town’s commercial districts. Furthermore, the current configuration and traffic pattern of Old Tower Hill Road present significant safety concerns, and design solutions are needed to improve the safety of residents and visitors. The South Kingstown Town Council urges the Rhode Island Division of Statewide Planning to look favorably upon the application, given the many noteworthy benefits likely to result from this important study.
F. UNANIMOUSLY VOTED: to authorize the Town Manager to execute individual Payment in Lieu of Tax (PILOT) Agreements for FY2017-2018 with The South Kingstown Land Trust, The Jewish Children’s Home of Rhode Island (Camp JORI), and Welcome House of South County in accordance with the Town Code, Chapter 17 Taxation, Article IV. Property Tax Exemptions and Payment in Lieu of Tax Agreements for Charitable Organizations, Section 17-45. Authorization; and to affirm the policy guidelines described in a memorandum from the Town Manager to the Town Council dated September 19, 2017 and entitled “PILOT Program FY 2017-2018.”
H. UNANIMOUSLY VOTED: to authorize an award of contract to R.E. Erickson Co., Inc., 595 Providence Highway, P.O. Box 191, Walpole, MA 02081 for Water Division SCADA improvements in an amount not to exceed $29,681, including a $3,000 contingency to be funded from the Water Enterprise Fund unassigned net assets; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated September 19, 2017 and entitled “Water System Supervisory Controlled and Data Acquisition (SCADA) Radio System Replacement.”
I. UNANIMOUSLY VOTED: to authorize an award of bid to National Wash Authority, 100 North Jackson Street, Morrison, IL 61270 for exterior power washing of the Victoria Lane and Mautucket Road water tanks in an amount not to exceed $52,445, including a $5,000 contingency, with authorization that any funds expended in excess of $49,000 be appropriated from the Water Fund’s unrestricted net assets; and as further described in a memorandum from the Public Services Director to the Town Manager dated September 19, 2017 and entitled “Bid Recommendation – Water Tank Exterior Cleaning.”
J. UNANIMOUSLY VOTED: to authorize an amendment to an award of contract originally authorized on October 13, 2015 to James J. Geremia & Associates, Inc., 272 W. Exchange Street, Suite 201, Providence, RI 02903-1061 for wastewater engineering design and construction management services from an amount not to exceed $151,100 to an amount not to exceed $252,100, including a $20,000 contingency; and as further described in a memorandum from the Public Services Director to the Town Manager dated September 20, 2017 and entitled “Design & Construction Engineering Services for Wastewater Improvements – Contract Amendment.”
UNANIMOUSLY VOTED: to adjourn at 10:10 p.m.
Dale S. Holberton, CMC
Town Clerk