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TOWN OF SOUTH KINGSTOWN
RHODE ISLAND
TOWN COUNCIL
REGULAR SESSION
MONDAY, APRIL 13, 2020
7:30 PM
VIRTUAL MEETING VIA
VIDEO- AND TELE-CONFERENCING
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See Attachment C for detailed public access instructions
NOTE: Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.
DATE POSTED: 4/9/2020
1. A. WORK SESSION – 7:00 PM 
All items listed on Town Council agenda are subject to discussion.
B. REGULAR SESSION – 7:30 PM
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Sessions – March 2, March 3, March 11 and March 23, 2020
B. Regular Session – March 23, 2020
C. Emergency Session – March 15, 2020
5. CONSENT AGENDA
* * * * * * * * * * * * * * * * *
I. Rule 10A. for the conduct of the meetings of the South Kingstown Town Council: Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President. The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information 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.
II. Rule 11: No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.
III. Rule 13: All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.
Pursuant to 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
(CA) A. A resolution granting a Victualling License to Caf Bar, LLC d/b/a Caf Bar, 119 Main Street, Wakefield, RI 02879. Application by Elias Boutros, Member; Renewal.
(CA) B. A resolution granting a Holiday Sales License to Critter Hut, Inc. d/b/a Critter Hut Aquarium & Pets, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Jeffrey Champlin, President; Renewal.
(CA) C. A resolution granting a Holiday Sales License to Matunuck Beach Properties, Inc. d/b/a Roy Carpenter’s Beach, 240 Cards Pond Road, Wakefield, RI 02879. Application by Nancy Thoresen, President; Renewal.
7. COMMUNICATIONS
(CA) A. An email dated March 23, 2020 from Susan Jacobsen, Board member concerning appointment of an interim Executive Director for the South Kingstown Housing Authority; and an email dated April 1, 2020 from Christopher Little, Board member advising that the Board has engaged the Narragansett Housing Authority to provide interim director services for the Housing Authority are received and placed on file.
(CA) B. Emails from the following concerning the Town’s consideration of the FY2020-2021 budget are received, placed on file, and referred to the Budget Public Hearings: Joslin Leasca, Greg Sweet, Donna Williams, Ed Houston, Patty Lager, Robert L. Toth, Lou Chrostowski, Jeanine Silversmith, Marc Levitt, Emily Cummiskey, Christine and Scott Palmieri, Tara Apperson, Kenneth P. Dias, Margaret Impagliazzo, Nicole Ford, Patricia McGrath, Mick Lefort, Matthew C. Crook, and Carol Jurczak.
(CA) C. Emails dated March 20, 2020 from John Rhoat and dated March 28, 2020 from Michael Kostarides concerning the proposed school bond referendum are received, placed on file and referred to the School Building Committee.
(CA) D. An email dated March 24, 2020 from Sarah R. Bratko, Esquire on behalf of the RI Hospitality Association concerning the classification of restaurants offering takeout or delivery and hotels as “essential businesses” is received and placed on file.
(CA) E. Emails from Margaret Martin, David Katz and Christine Chase concerning compliance with COVID-19 emergency orders are received and placed on file.
(CA) F. An email dated March 26, 2020 from MK Whitten, Director concerning SK Wellness programs and virtual events is received and placed on file.
G. Emails from Karen Humes, Benjamin S. Wood, and Margaret and James McGregor concerning pedestrian safety issues on Middlebridge Road are received, placed on file, and the Town Council further directs __________.
(CA) H. An email dated April 3, 2020 from Brianna Frame relative to a moratorium on “small cells” and other wireless infrastructure permits and deployment is received and placed on file.
(CA) I. An email dated April 7, 2020 from Stephen Dahl concerning wireless radiation and providing information on electrohypersensitivity is received and placed on file.
J. An email dated April 3, 2020 from Jane Bessette concerning the Town’s methods of communicating with residents during the COVID-19 crisis is received, placed on file, and the Town Council further directs__________.
(CA) K. A letter dated April 7, 2020 from Steven Brown, Executive Director, American Civil Liberties Union concerning public meetings under the Governor’s Executive Order 2020-05 temporarily suspending certain provisions of the state’s Open Meetings Act is received and placed on file. (4/9/2020 Miscellaneous, Item II I.)
(CA) L. An email dated April 9, 2020 from Evan Crawley expressing concerns with the Town’s summer softball league registration is received, placed on file, and referred to the Director of Leisure Services for response.
(CA) M. 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.”
8. COMMENTS FROM INTERESTED CITIZENS
9. TOWN MANAGER’S REPORT
See Attachment B for Flag Report and Town Manager’s Reports
10. APPOINTMENTS
A. A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)
11. NEW BUSINESS
A. A resolution authorizing the renewal of the Town Council’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020, as shown on Exhibit 1 attached hereto; and as further described in a memorandum from the Assistant Town Solicitor to the Town Manager dated April 9, 2020 and entitled “Renewal of Declaration of Emergency.”
B. A resolution authorizing the Town Manager to execute an agreement with Good Energy, LLC, 232 Madison Avenue, 3rd Floor, New York, NY 10016 for the Community Choice Aggregation Consulting Services with the City of Providence; and as further described in a memorandum from the Procurement Administrator to the Town Manager dated March 11, 2020 and entitled “Award of Contract – Consulting Services – Community Choice Aggregation.”
(CA) C. A resolution that Civil Action No. PC-2020-02249 filed in Providence County Superior Court by Dennis T. Grieco, II, Esquire on behalf of his client, Monica Nehra relative to an incident that occurred on or about March 10, 2017 be referred to the Town Solicitor and the Town’s insurance carrier.
D. A resolution adopting proposed amendments to the Town Council’s Rules of Commission, Committee and Board Appointments, as shown on Exhibit 2 attached hereto.
E. A resolution authorizing a one-year extension of a five (5) year lease between the Town of South Kingstown and Bruce Thunberg d/b/a Twin Peaks Land and Cattle Company, 501 Matunuck School House Road, Wakefield, RI 02879 to farm an approximately 22 acre parcel of property, from December 2019 through December 2020, at the annual fee of $2,500. Said property being a portion of A.P. 92-2, Lot 39 as further identified on Town of South Kingstown GIS map #PL14-76 dated 12/14; and as further described in a memorandum from the Director of Planning to the Town Manager dated April 7, 2020 and entitled “Extension of Agricultural Lease – Twin Peaks Land and Cattle Company.”
F. A resolution 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 $15,666, including a $5,000 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 March 31, 2020 and entitled “Water System Supervisory Controlled and Data Acquisition (SCADA) Radio System Replacement.”
(CA) G. 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.”
Exhibit 1
Town of South Kingstown
Renewed Declaration of Emergency
On March 15, 2020, pursuant to Sec. 3214 of the South Kingstown Home Rule Charter, the Town Council declared the existence of an emergency. The basis for the Council’s emergency declaration was the danger to health and life posed by the novel coronavirus known as COVID-19, as set forth in Governor Gina Raimondo’s Executive Order 20-03 dated March 9, 2020 declaring a state of emergency, and Executive Order 20-03 dated March 13, 2020 containing a supplemental emergency declaration.
Since the Council’s declaration of emergency, Governor Raimondo has issued 14 (as of April 9, 2020) further supplemental emergency declarations relating to the COVID-19 pandemic, and circumstances have become more dire both locally, statewide, and nationwide. Therefore, the Town Council deems it prudent to declare that a state of emergency continues to exist in Town, and hereby extends the end date of its original emergency declaration from April 15, 2020 to May 11, 2020.
The substance of the Council’s original declaration of emergency remains in full force and effect, except to the extent that it has been superseded by an Executive Order of the Governor of the State of Rhode Island.
The Council hereby delegates the authority to the Town Manager to take any and all actions deemed necessary to address the ongoing emergency. The Town Manager shall report actions taken pursuant to this emergency declaration to the Council and to the public as soon as practicable, including ongoing updates on the Town’s website.
This Ordinance shall take effect immediately and remain in full force and effect until May 11, 2020 unless renewed, modified, or terminated by a subsequent ordinance. Provided, however, that if the statewide state of emergency is not extended by executive order of Governor Gina Raimondo on or before May 8, 2020, this Ordinance shall expire on that date.
Exhibit 2
TOWN OF SOUTH KINGSTOWN
RULES OF COMMISSION, COMMITTEE AND BOARD APPOINTMENTS
I. Selection Process of Members
1. As authorized by the Town Council, the Town Clerk shall advertise twice in a local newspaper, and shall post on the Town’s website, the commissions, committees, and boards that will have upcoming appointments/reappointments using the following schedule:
Appointment Period Advertising Period Filing Deadline
January thru March October November 15
April thru June January February 15
July thru September April May 15
October thru December July August 15
2. The Town Clerk shall notify individuals whose terms are about to expire, by letter, to determine if that individual wishes to be considered for reappointment.
3. Upon receipt of an application, the Town Clerk shall retain the original and distribute a copy of each application received to the Town Manager, who will forward a copy to the Town Council. The Town Clerk will also acknowledge in writing to the applicant receipt of each application.
4. The application shall remain on file for a period of one year from the date received and may be considered should vacancies for that particular committee, commission or board occur during that time.
5. All applications received shall be available for public review in the office of the Town Clerk, consistent with the Access to Public Records Act.
6. The charge for each board, commission or committee shall be available in the office of the Town Clerk.
II. Requirement for Membership
1. Applications for the various commissions, committees, and boards shall be available in the Town Clerk's office and on the Town’s website, at http://www.southkingstownri.com/689/Application-and-Vacancy-Information.
2. Applications shall be completed and submitted to the Town Clerk no later than the advertised filing date.
3. Individuals wishing to be considered for reappointment shall notify the Town Clerk prior to the expiration of the filing date.
4. The chairperson of each commission, committee or board shall submit an attendance record to the Town Clerk for those individuals wishing to be considered for reappointment.
5. No person shall be appointed to serve concurrently on more than one commission, committee, or board created by the Town Council, with the exception of interim/ad hoc commission, committees or boards.
6. Any appointee who is absent without cause for three (3) consecutive meetings may be subject to removal by the Town Council.
7. When any member of a Commission, Committee or Board is absent for three (3) consecutive meetings, the Chairperson shall notify the Town Clerk, who shall in turn notify the Town Council for direction. Should the Chairperson recognize any other attendance deficiencies, the Town Clerk shall be notified, who shall in turn notify the Town Council for direction.
1. The applicantAppointees shall comply with all State Laws and Regulations, including without limitation, the Code of Ethics as well as Ethics Commission requirements for appointees.
III. Appointment Review Process
1. The Town Council shall review each application and may invite specific candidates for appointment and/or reappointment to an interview with the Council prior to a regularly scheduled meeting or work session. Candidates interviewed by the Town Council will be sent a letter of appreciation by the Town Clerk.
2. When making a nomination, the Council member making recommendation will verbally outline reasons for nomination.
Attachment A
Boards and Commissions Appointments Report
The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.
Assessment Board of Review (3 members, 1 alternate; 3 year term)
Applicant: Susan D. Berry (applied 8/14/2019; did not attend interview 9/23/2019)
Conservation Commission (7 members; 3 year term)
Applicant: Timothy A. Ulmschneider (applied 12/30/2019)
Economic Development Committee (11 members, 3 year term)
Reappointment for a term expiring March 2020: Richard Jurczak does not wish to be reappointed.
Vacancy: term expires March 2022 (Sarah Daly-Van Oot resigned)
Applicant: Susan D. Berry (applied 8/14/2019; did not attend interview 9/23/2019)
Housing Authority (5 members; 5 year term)
Applicants: Wendy F. Romero (applied 9/18/2019; did not attend interview 2/24/2020); Kattie E. Reid (applied 10/11/2019; did not attend interview 2/24/2020 but is still interested); Eleanor A. Reynolds (applied 10/15/2019; did not attend interview 2/24/2020 but is still interested); John Glasheen (applied 2/14/2020; interviewed 2/24/2020); Susan Strakosch (applied 2/14/2020; interviewed 2/24/2020); John Taylor Ellis (applied 2/18/2020; interviewed 2/24/2020); Christi Saurette (applied 3/24/2020); Charlene F. Traynum (applied 04/08/2020)
Planning Board (7 members; 3 year term)
Reappointments for terms expiring May 2020: Elise Torello does not wish to be reappointed. Maria Mack, Joseph Murphy and Peter DiStefano wish to be reappointed. It is reported that during the current term, Ms. Mack attended all 39 regular meetings, 34 of 37 work sessions and 14 miscellaneous meetings; Mr. Murphy attended 38 of 39 regular meetings, 31 of 37 work sessions and 28 miscellaneous meetings; and Mr. DiStefano attended 29 of 39 regular meetings, 21 of 37 work sessions and 4 miscellaneous meetings (attendance as of 3/27/2020).
Recreation Commission (5 members; 3 year term)
Applicant: Timothy A. Ulmschneider (applied 12/30/2019)
Route 1 Stewardship Plan Development Committee (7 members)
Vacancy (Steve Wood resigned)
Applicant: Susan D. Berry (applied 8/14/2019; did not attend interview 9/23/2019); Jude M. Nuzum (applied 2/28/2020)
Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)
Vacancy: term expires January 2020 (Mark Spangler deceased)
South Kingstown Partnership for Prevention (7 members; 3 year term)
Vacancies: 3 terms expire June 2020 and June 2021 (Stephanie Canter, Erin Pierce and Carol Pilkington resigned); 2 Town Council Ex-Officio members
Applicant: Susan D. Berry (applied 8/14/2019; did not attend interview 9/23/2019)
Statistical Modeling and Analytics Research Tools (SMART) Committee (9 members)
Applicants: Chris Roman (applied 2/10/2020); Nathaniel H. Merrill (applied 4/5/2020)
Trustees of the South Kingstown School Funds (5 members; 5 year term)
Reappointment for a term expiring June 2020: William Rosen wishes to be reappointed.
Vacancies: terms expire June 2020 and June 2022 (Jacob Clemen resigned; Michael McEntee did not wish to be reappointed)
Waterfront Advisory Commission (7 members; 3 year term)
Reappointments for a term expiring June 2020: Mark Scherer wishes to be reappointed. Glenn Windhurst does not wish to be reappointed.
Applicants: Sarah Lindley Smith (applied 9/13/2019; interviewed 10/28/2019), Timothy A. Ulmschneider (applied 12/30/2019); Nathaniel H. Merrill (applied 4/5/2020)
Zoning Board of Review (5 members, 2 alternates; 3 year term)
Vacancy: full member term expires March 2021 (Michael Henry resigned)
Eligible for appointment to fill the vacancy: Bill Mark, Alternate #1, term expires March 2022; William Rosen, Alternate #2, term expires March 2023.
Attachment B
1. Flag Report
2. Managers Reports:
b. Apr. 9, 2020
Attachment C
PUBLIC ACCESS INSTRUCTIONS
A. MEMBERS OF THE PUBLIC
The public can join this Zoom meeting electronically by computer, smartphone or tablet using the instructions below. If you do not have a smartphone or other electronic device capable of joining the Zoom meeting room, you may also join by telephone only.
Testing Computer & Audio Equipment
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