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TOWN OF SOUTH KINGSTOWN
RHODE ISLAND
TOWN COUNCIL
REGULAR SESSION
MONDAY, MARCH 23, 2020
7:30 PM
VIA TELECONFERENCE
TOLLFREE 1-844-844-9200, ACCESS CODE 672353
Please note that although Town Council members will be present in the Council Chambers at Town Hall along with limited Town staff, the meeting will be closed to physical attendance by the public, in accordance with CDC guidelines recommending that gatherings be limited to no more than 10 individuals. Per Governor Raimondo's Executive Order 20-05, dated 3/16/2020, attendance by the public will be limited to conference call only. Members of the public are asked to mute their phone microphones until public comment is called for.
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: 3/19/2020
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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 – February 26 and March 9, 2020
B. Regular Session – March 9, 2020
C. Closed Executive Session – March 9, 2020
5. CONSENT AGENDA
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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
A. A resolution granting a Victualling License to Rachel’s Café, LLC d/b/a Rachel’s Café, 36 South County Commons Way, Wakefield, RI 02879. Application by Carlos M. Taveira, Member, 36 Barker Street, Dartmouth, MA 02747; New.
(CA) B. A resolution granting Victualling and Holiday Sales Licenses to Jools LLC d/b/a Java Madness, 134 Salt Pond Road, Wakefield, RI 02879. Application by Mark LaHoud, Member; Renewal.
7. PUBLIC HEARINGS
A. A Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B LIMITED LIQUOR LICENSE
Transfer of a Class B Limited Liquor License from Uptown Burger Bar, LLC d/b/a Rachel’s Café, 36 South County Commons Way, Wakefield, RI by Gregory Stevens, Member to Rachel’s Café, LLC d/b/a Rachel’s Café by Carlos M. Taveira, Member, 36 South County Commons Way, Wakefield, RI for the dining and counter areas, in accordance with a Special Use Permit granted by the Zoning Board of Review on April 15, 2015; and as further defined in a site plan on file in the Town Clerk’s Office.
Said transfer is contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, filing 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, the correction of any fire code violations, and the satisfaction of all claims.
B. A Public Hearing to consider a proposed amendment to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, Article II. Unruly Gatherings that would change the effective date of the ordinance to June 1, 2020 to allow further study and recommendations for amendment, as shown on Exhibit 1 attached hereto.
8. COMMUNICATIONS
A. An email dated March 6, 2020 from Liz Gledhill concerning “Playtime at the Polls” is received, placed on file, referred to the Canvassing Authority and the Town Council further directs ___________.
(CA) B. Resolutions adopted by the Town Councils of Charlestown and Warren in support of legislation pending in the General Assembly (H 7430, H 7480 and S 2285) that would move the September primary election to Wednesday in the years the primary is to be held during the same week as Labor Day are received and placed on file. (3/12/2020 Interim, Item C.)
C. A resolution adopted March 9, 2020 by the Charlestown Town Council in support of legislation pending in the General Assembly (H 7755 and S 2756) relating to Criminal Offenses, Trespass and Vandalism with regard to citizens’ rights to access the shore is received, placed on file, and the Town Council further directs _____________. (3/12/2020 Interim, Item D.)
D. A resolution adopted March 9, 2020 by the Charlestown Town Council in support of legislation pending in the General Assembly (H 7165 and S 2194) to establish an Ocean State Climate Adaptation and Resilience (OSCAR) Fund is received, placed on file, and the Town Council further directs ____________. (3/12/2020 Interim, Item E.)
(CA) E. Emails from the following concerning the proposed bond for school facilities are received and placed on file: Margaret Hayden, Jaimee Roberts, Lou Chrostowski, Teresa Tanzi, Bob Cavanagh, Nancy Perry, Ashley Weeks, Alison Huggins, Sean O’Donnell, Abby Colby Cooper, Tara Schold, Rebekah Blakeney, Douglas Shapiro, Christine Hunt, and Frank and Barbara Robinson.
(CA) F. A letter dated March 11, 2020 from Kim Stack, Board Chair, Southern RI Chamber of Commerce in support of a mixed use zoning designation for the current Commercial Highway district is received and placed on file. (3/12/2020 Interim, Item G.)
G. A letter from Diana Champa, Director of Literary Engagement, School One announcing that South Kingstown High School students Sierra Silversmith and Jack Wholey were among twenty winners of the Write Rhode Island Short Story Competition, is received, placed on file and the Town Council further directs ___________________. (3/12/2020 Interim, Item H.)
H. A letter from David Palazzetti concerning the proposed school facilities plans and Stage II application to RIDE is received, placed on file, and the Town Council further directs _____________. (3/12/2020 Interim, Item I.)
I. A letter dated March 5, 2020 from Joan C. Hudson posing questions regarding the potential effects of closing the high school and new construction at Curtis Corner Middle School is received, placed on file, and the Town Council further directs ______________.
(CA) J. An email dated March 9, 2020 from Stephen Dahl expressing support for the Unruly Gatherings Ordinance is referred to the Public Hearing.
(CA) K. Emails from the following concerning closure of non-essential business due to the COVIC-19 pandemic are received and placed on file: Elisabeth Hoy, Michelle Hand, and Nessa Richman and Mike Henry.
(CA) L. A copy of a letter dated March 9, 2020 to the attorney for the South Kingstown Housing Authority from Steven Brown, Executive Director, American Civil Liberties Union in response to a complaint their office received from the Executive Director of the Jonnycake Center regarding information provided to her by the SKHA attorney concerning the Open Meetings Act is received and placed on file. (3/12/2020 Interim, Item F.)
M. A letter dated March 11, 2020 from Patricia Breslin tendering her resignation from the Board of Commissioners of the South Kingstown Housing Authority, effective immediately, is received, placed on file, and the Town Council further directs _____________. (3/12/2020 Interim, Item M.)
N. A letter dated March 18, 2020 from Maureen Egan tendering her resignation from the Board of Commissioners of the South Kingstown Housing Authority effective at 4 p.m. on March 19, 2020 is received, placed on file, and the Town Council further directs ______________.
(CA) O. An email dated March 18, 2020 from Susan Jacobsen, Commission member expressing concerns regarding the South Kingstown Housing Authority is received and placed on file.
(CA) P. Emails dated March 16, 2020 from Cheryl Trudel concerning the postponement of town meetings and community safety are received and placed on file.
(CA) Q. An email dated March 19, 2020 from Jeff Champlin, Critter Hut Aquarium & Pets regarding their efforts to provide safe service for their customers and providing a pet industry letter seeking to have pet stores designated as essential retailers that are exempt from any mandatory closures is received and placed on file.
R. An email dated March 17, 2020 from Gene Lowell Jr. concerning the location and feasibility of moving the emergency shelter if the South Kingstown High School on Columbia Street were to close is received, placed on file, and the Town Council further directs ______________.
(CA) S. 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.”
9. COMMENTS FROM INTERESTED CITIZENS
10. BOARDS, COMMISSIONS AND COMMITTEES REPORT
A. Presentation by a representative of the Conservation Commission.
11. TOWN MANAGER’S REPORT
See Attachment B for Town Manager’s Reports
12. 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)
13. NEW BUSINESS
(CA) A. A resolution that a claim filed by Robert J. Levine, Esquire on behalf of his client, Joseph Alfred Douglas IV relative to an incident that occurred on or about February 13, 2020 be referred to the Town Solicitor and the Town’s insurance carrier.
(CA) B. A resolution that a claim filed by Stephen P. Harten, Esquire and Andrew M. Lentz, Esquire on behalf of their client, Donald Manns relative to an incident that occurred on or about February 11, 2019 be referred to the Town Solicitor and the Town’s insurance carrier.
(CA) C. A resolution authorizing an award of purchase to New York Blower Company, 7660 S. Quincy St., Willowbrook, IL 60527 for a replacement headworks blower fan in an amount not to exceed $5,886, and authorization to fund same from the Wastewater Division’s Unassigned Net Assets; and as further described in a memorandum from the Public Services Director to the Town Manager dated March 11, 2020 and entitled “Headworks Blower Replacement.”
D. A resolution authorizing an award of contract to James J. Geremia & Associates, Inc., 272 W. Exchange Street, Suite 201, Providence, RI 02903-1061 for a local limits study, wastewater engineering design and construction management services in an amount not to exceed $203,990, including a $20,000 contingency, using funding from the Capital Improvement Program (CIP) budget and Wastewater Enterprise Fund unassigned net assets; and as further described in a memorandum from the Public Services Director to the Town Manager dated March 17, 2020 and entitled “Wastewater Enterprise Fund Local Limits Evaluation and Engineering Design Services Local Limits Study, Design & Construction Engineering Services for Wastewater Improvements.”
E. A resolution authorizing an award of bid to Gervais Ford, 5 Littleton Road, Ayer, MA 01432 for the purchase of one 2020 Ford F-250 Pickup Truck with lift gate and plow, in accordance with all bid specifications in an amount not to exceed $33,129, including trade in allowance of $8,507 for the Recreation Department 2011 pickup; and for the purchase of one 2020 Ford F-250 Pickup Truck with plow, in accordance with all bid specifications in an amount not to exceed $26,739, including trade in allowance of $11,007 for the Wastewater Department 2010 pickup; and as further described in a memorandum from the Park Superintendent and Wastewater Superintendent to the Town Manager dated March 3, 2020 and entitled “Bid Recommendation – Replacement Pickup Trucks.”
F. A resolution adopting the FY2020-2021 Town Council Preliminary Budget.
(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
CHAPTER 12
OFFENSES AND MISCELLANEOUS PROVISIONS
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Article II. Unruly Gatherings
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Sec. 12-14. Definitions.
For purposes of this Article, the following terms shall have the meanings ascribed to them by this section:
Landlord Effective Period means a period beginning on the date of notice of violation and ending three years from that date.
Persons Liable means all of the following:
(A) Any person who owns or manages property on which a Public Nuisance occurs.
(B) Any person who organizes, hosts, sponsors, permits, or suffers the occurrence of an event constituting a Public Nuisance.
Public Nuisance means a gathering of five or more persons between the hours of 10 p.m. and 6 a.m. on any public or private property where conduct occurs that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to minors, illegal drug use, fights, disturbance of the peace, littering, or any other conduct that constitutes a violation of law or ordinances.
Tenant Effective Period means a period
(A) beginning June 1st and ending August 31st of a given year; or
(B) beginning September 1st of a given year and ending May 31st of the next year.
Sec. 12-15. Prohibitions.
(a) No person shall conduct, organize, sponsor, host, permit, or suffer to occur an event constituting a Public Nuisance.
(b) The South Kingstown Police may abate a Public Nuisance by all reasonable means, including issuing an order requiring the gathering to be disbanded, issuing a citation to any violators, and arresting any violators under any applicable ordinance or state statute.
(c) Nothing in this Article shall be construed to hold liable any resident of property who was (i) unaware of the Public Nuisance and (ii) was not in attendance on the premises during the Public Nuisance.
(d) Nothing in this Article shall be construed to hold liable an owner, resident, sponsor, or organizer for the conduct of persons who are present without the express or implied consent of the owner, resident, sponsor, or organizer, provided that the owner, resident, sponsor, or organizer has taken all steps reasonably necessary to exclude such persons from the premises.
Sec. 12-16. Sanctions.
(a) For the first occurrence of a Public Nuisance, the Persons Liable shall be provided notice in the manner set forth below.
(b) The owner or manager of the premises shall be fined in the amount of two hundred fifty dollars ($250.00) for a second occurrence of a Public Nuisance, and five hundred dollars ($500.00) for the third and any subsequent occurrence of a Public Nuisance on the same premises within a Landlord Effective Period.
(c) Any person who violates section 12-15(a) but is not an owner or manager of the offending premises shall be fined in the amount of two hundred fifty dollars ($250.00) for a second occurrence of a Public Nuisance, and five hundred dollars ($500.00) for the third and any subsequent occurrence of a Public Nuisance on the same premises within a Tenant Effective Period.
Sec. 12-17. Notice
(a) The South Kingstown Police Department shall furnish the premises with a notice when it intervenes at a Public Nuisance. The notice shall contain a statement which sufficiently informs the reader of the following information: (i) that the intervention of the police was necessitated as a result of a public nuisance under this article, (ii) the date of the police intervention, and (iii) that any subsequent Public Nuisance within a Landlord Effective Period or a Tenant Effective Period shall result in the liability of any violator for the amount set forth in section 12-16(b).
(b) The South Kingstown Police Department shall send via regular and certified mail notice to (i) the owner or owners of the property upon which a Public Nuisance occurs, and (ii) the resident or residents of the property upon which a Public Nuisance occurs. The contents of the statement shall be substantially similar to the notice required in subsection (a).
Sec. 12-18. Right to Contest Penalty.
(a) Any person fined under section 12-16 or provided notice under section 12-17 may contest the issuance of the fine or notice by filing a written petition for review with the Town Manager requesting that the Town Manager determine whether justification existed for issuing the fine or notice. The petition shall not be filed (i) later than ten days after the issuance of the notice or, (ii) if the notice is given by mail, no later than fifteen days after the date of the mailing of the notice.
(b) The Town Manager shall set a time and date for a hearing which shall be held no later than thirty days after receipt of the written petition and shall notify the petitioner and the solicitor’s office of the hearing date.
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This ordinance shall take effect upon passage June 1, 2020.
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); Eleanor A. Reynolds (applied 10/15/2019; did not attend interview 2/24/2020); 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)
Planning Board (7 members; 3 year term)
Reappointment for a term expiring in May 2020: Elise Torello does not wish to be reappointed.
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)
Applicant: Chris Roman (applied 2/10/2020)
Trustees of the South Kingstown School Funds (5 members; 5 year term)
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)
Applicants: Sarah Lindley Smith (applied 9/13/2019; interviewed 10/28/2019), Timothy A. Ulmschneider (applied 12/30/2019)
Zoning Board of Review (5 members, 2 alternates; 3 year term)
Reappointment for a term expiring March 2020: Robert Cagnetta wishes to be reappointed. It is reported that Mr. Cagnetta has attended 35 of 40 meetings held during the current term (attendance as of 2/19/2020).
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. Managers Reports: