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AGENDA
TOWN OF SOUTH KINGSTOWN
RHODE ISLAND
TOWN COUNCIL
REGULAR SESSION
MONDAY, NOVEMBER 23, 2020
7:30 PM
VIRTUAL MEETING VIA
VIDEO- AND TELE-CONFERENCING
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DATE POSTED: 11/19/2020
See Attachment A for Boards and Commissions Appointments Report.
All items listed on Town Council agenda are subject to discussion.
Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.
A. Work Session – November 9, 2020
B. Regular Session – November 9, 2020
C. Closed Executive Session – November 9, 2020
* * * * * * * * * * * * * * * * *
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.”
A. A resolution granting Victualling and Holiday Sales Licenses to Wakefield Nutrition LLC d/b/a Wakefield Nutrition, 359 Main Street, Wakefield, RI 02879. Application by Samantha Elliott, Member; New.
B. A resolution granting a Victualling License to ILLIA5, LLC d/b/a Neapolis, 60 South County Commons Way, Wakefield, RI 02879. Application by Pasquale Illiano, Member; New.
C. A resolution granting a Victualling License to Anderson Enterprises, LLC d/b/a DB’s Pizza, 546 Kingstown Road, Wakefield, RI 02879. Application by Jonathan Anderson, Member; New.
(CA) D. A resolution granting a Victualling License for the year beginning December 1, 2020 to V.G.B., LLC d/b/a Pasquale’s Pizzeria Napoletana, 59 South County Commons Way, Wakefield, RI 02879. Application by Pasquale Illiano, Member; Renewal.
(CA) E. A resolution granting Victualling, Holiday Sales, Dance and Tourist Accommodation Licenses for the year beginning December 1, 2020 to Pamfilio’s, Inc. d/b/a Bistro By The Sea, 364 Cards Pond Road, Wakefield, RI 02879. Application by Richard Paolo, President; Renewals.
(CA) F. A resolution granting a Victualling License for the year beginning December 1, 2020 to CL Enterprises, Inc. d/b/a Hal’s Garage & Auto Body, 171 Old Tower Hill Road, Wakefield, RI 02879. Application by R. Harold Thomas, Jr.; Renewal.
(CA) G. A resolution granting Victualling and Holiday Sales Licenses for the year beginning December 1, 2020 to the following; Renewals:
JSC Management Group, LLC d/b/a Burger King, 126 Old Tower Hill Road, Wakefield, RI 02879. Application by Megan Vann, Licensing.
South County Donuts d/b/a Dunkin Donuts, 1892 Kingstown Road, Wakefield, RI 02879. Application by Rob Batista.
(CA) H. A resolution granting Holiday Sales and Farm Retail Sales Licenses for the year beginning December 1, 2020 to Highland Farm, 4235 Tower Hill Road, Wakefield, RI 02879. Application by Martha Bradley; Renewals.
(CA) I. A resolution granting a Junkyard License for the year beginning December 1, 2020 to Pitchers Garage, Inc. d/b/a Pitchers Garage, 2210 Post Road, Wakefield, RI 02879. Application by Paul Pitcher, President; Renewal.
(CA) J. A resolution granting a Firearms/Ammunition License for the year beginning December 1, 2020 to IDGR15 LLC d/b/a Peace Dale Shooting Preserve, 371 Rose Hill Road, Wakefield, RI 02879. Application by Sven Soderberg, Member; Renewal.
A. A Public Hearing relative to the renewal of Liquor Licenses for the year beginning December 1, 2020; said licenses are granted contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, issuance of a Certificate of Insurance evidencing required liability coverage, compliance with all Town Ordinances and regulations, the payment of any municipal taxes, user fees and lease payments in arrears to the Town, and the correction of any fire code violations.
Applications for licenses to sell intoxicating beverages under the provision of Title 3 of the General Laws of 1956, as amended, have been filed as follows:
CLASS B – VICTUALLER
V.G.B., LLC d/b/a Pasquale’s Pizzeria Napoletana, 59 South County Commons Way, Wakefield, RI by Pasquale Illiano, Member for the first floor dining and bar areas in accordance with a Special Use Permit granted January 19, 2005 by the Zoning Board of Review; and as further defined in a site plan on file in the Town Clerk’s office.
CLASS B – TAVERN
PAMFILIO’S INC. d/b/a BISTRO BY THE SEA, by Richard A. Paolo, President, 364 Card's Pond Road, Wakefield, RI; first floor restaurant, gazebo for intermission, tents on tennis court and 32’ x 50’ patio in accordance with Special Use Permits granted by the Zoning Board of Review on August 15, 2007 and March 17, 2010; and as further defined in a site plan on file in the Town Clerk's Office.
B. 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 V.G.B., LLC d/b/a Pasquale’s Pizzeria Napoletana, 60 South County Commons Way, Wakefield, RI by Pasquale Illiano, Member to ILLIA5, LLC d/b/a Neapolis, 60 South County Commons Way, Wakefield, RI by Pasquale Illiano, Member 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 to be effective December 1, 2020 and contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, issuance of a Certificate of Insurance evidencing required liability coverage, compliance with all Town Ordinances and regulations, the payment of any municipal taxes, user fees and lease payments in arrears to the Town, the correction of any fire code violations, and the satisfaction of all claims.
C. 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 Byrne Enterprises, Inc. d/b/a DB’s Pizza, 546 Kingstown Road, Wakefield, RI by William Byrne, President to Anderson Enterprises, LLC d/b/a DB’s Pizza by Jonathan Anderson, Member, 546 Kingstown Road, Wakefield, RI for the first floor dining area (tables only) as described in the Special Exception granted by the Zoning Board of Review on January 20, 1988; and as further defined in a site plan on file in the Town Clerk’s Office.
Said transfer to be effective December 1, 2020 and contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, issuance of a Certificate of Insurance evidencing required liability coverage, compliance with all Town Ordinances and regulations, the payment of any municipal taxes, user fees and lease payments in arrears to the Town, the correction of any fire code violations, and the satisfaction of all claims.
D. A Public Hearing relative to an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B LIMITED LIQUOR LICENSE
Application for a Class B Limited Liquor License by Baja’s Express, LLC d/b/a Fresh Baja’s Mexican Grill, 600 Kingstown Road, Wakefield, RI by Bahij Boutros, Member for the dining area, in accordance with a Special Use Permit granted September 16, 2020 by the Zoning Board of Review; and as further defined in a site plan on file in the Town Clerk’s office.
Said license to be effective December 1, 2020 and contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, issuance of a Certificate of Insurance evidencing required liability coverage, compliance with all Town Ordinances and regulations, the payment of any municipal taxes, user fees and lease payments in arrears to the Town, and the correction of any fire code violations.
8. COMMUNICATIONS
A. An email dated Thursday, November 5, 2020 from Carolyn Griswold advising that she does not wish to continue serving on the Historic District Commission when her term expires in December is continued from November 9, 2020, and the Town Council further directs ____________________.
B. A letter dated October 27, 2020 from Andrew Gilmartin concerning operation of the Elite Indoor Gun Range is received, placed on file, and the Town Council further directs .
C. An email dated November 5, 2020 from Edwin A. Stapans concerning a proposed housing development in Matunuck is received, placed on file, and the Town Council further directs .
(CA) D. An email dated November 9, 2020 from Jason Ralph expressing appreciation for Vice President Bryant Da Cruz’s efforts during his tenure on the Town Council is received and placed on file.
E. An email dated November 9, 2020 from Doug Guilbert, and an email dated November 16, 2020 from the South County Trail Homeowner’s Association concerning the status of Michaela Court are received, placed on file, and the Town Council further directs _____________________________.
(CA) F. An email dated November 9, 2020 from Lou Chrostowski concerning the selection of Town Council officers for the next term is received and placed on file.
(CA) G. An email dated November 13, 2020 from Nikki Gardner concerning the facilities at Old Mountain Field, and an email dated November 16, 2020 from the Director of Leisure Services responding to those concerns are received and placed on file.
H. An email dated November 16, 2020 from Dorald Beasley concerning RGB Architects and the School Facilities Stage II Application to RIDE is received, placed on file, and the Town Council further directs _______________.
(CA) I. An email dated November 17, 2020 from Carol Cagle concerning the school facilities plan is received and placed on file.
(CA) J. An email dated November 7, 2020 from Stephen Dahl concerning the hazards of radiofrequency radiation exposure is received and placed on file.
(CA) K. 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.”
See Attachment B for Town Manager’s Report
A. A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)
A. A resolution affirming or amending the Town’s Liquor License Rules and Regulations, Section I. The current number of licenses for each class shall be authorized as indicated below, unless changed by a majority vote of the Town Council:
Class Number
A – Retail 4 maximum
B – Victualler 27
B – Tavern 2
B – Limited 4
B – Hotel 1
B – M 0
C 0
D – Club Full Privilege 1
D – Limited 0
F Five per year per organization
F – 1 Five per year per organization
T – Legitimate Theater 3
(CA) B. A resolution authorizing the Tax Assessor to abate taxes in the total amount of $1,854.08, as shown on Tax Abatement Request No. 576.
C. A resolution establishing a waste oil and oil filter recycling charge between $7.00 to $10.00 per disposal, with the disposal rate to be determined by the Public Services Director, and amending the Town’s Schedule of Fees.
Said disposal rate is subject to the following disposal conditions:
1. The fee is a flat fee for up to, but no greater than 5 gallons of waste oil and 4 oil filters
2. Limited to residents of South Kingstown and Narragansett only
3. No commercial waste oil or oil filters
And as further described in a memorandum from the Public Services Director to the Town Manager dated November 10, 2020 and entitled “Waste Oil Recycling.”
D. A resolution authorizing an award of bid to Central Chrysler Jeep Dodge of Raynham, 191 New State Highway, Raynham, MA 02767 for a 2021 Chrysler 3500 Ram Tradesman pickup truck with snow plow in an amount not to exceed $32,688, including trade-in; and as further described in a memorandum from the Public Services Director to the Town Manager dated November 18, 2020 and entitled “Bid Recommendation – Pickup Truck with Snow Plow.”
E. A resolution authorizing the Town Manager to enter into a Memorandum of Understanding with Avive Solutions, Inc. for the implementation and management of an AED program called the “4-Minute City” with the goal of decreasing the time to defibrillation for a patient suspected of being in a cardiac arrest; and as further described in a memorandum from the Director of Emergency Medical Services to the Town Manager dated November 18, 2020 and entitled “4-Minute City AED Project – MOU.”
F. A resolution authorizing the purchase from OCV, LLC/OCVapps, 809 2nd Ave, Opelika, AL 36801 of a mobile application (smartphone app) to provide Town information and offer resources to the public; as further described in a memorandum from the Town Manager to the Town Council dated November 18, 2020 and entitled “Town of South Kingstown Mobile App Purchase.”
G. A resolution to accept, reject or amend a proposal by Hang Ten, LLC, 932 Matunuck Beach Road, Wakefield, RI 02879 to purchase the so-called “Mary Carpenter Lots” in Matunuck, identified as Plat 92-2, Lot 47 and Plat 92-3, Lot 1 for the bid amount of $95,000, in accordance with requirements as outlined in a memorandum from the Town Manager to the Town Council dated November 19, 2020 and entitled “Proposal to Purchase the ‘Mary Carpenter Lots’.”
H. A resolution authorizing the Town Manager to award a one-time performance bonus to the Town Clerk for work above and beyond that typically required. Said bonus shall be set at $5,000 which constitutes a small part of the salary savings associated with having the Deputy Clerk’s position vacant since February; and as further described in a memorandum from the Town Manager to the Town Council dated November 18, 2020 and entitled “Granting a one-time performance bonus to the Town Clerk.”
I. A resolution ratifying Executive Order 2020-09 (Sixth Amendment) dated November 10, 2020, as shown on Exhibit 1 attached hereto.
J. A resolution ratifying Executive Order 2020-13 dated November 19, 2020, as shown on Exhibit 2 attached hereto.
K. A resolution authorizing the Town Manager to negotiate and enter into a licensing or leasing agreement with the State of Rhode Island for the use of the town-owned property known as the South Road School for the purpose of establishing a COVID test administration location and/or a COVID vaccine administration site; as further described in a memorandum from the Town Manager to the Town Council dated November 19, 2020 and entitled “Authorization to lease or license use of South Road School.”
(CA) L. 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.”
Emergency Management Director
Executive Order 2020-09 (Sixth Amendment)
WHEREAS, on March 9, 2020, the State of Rhode Island Governor Gina M. Raimondo issued Executive Order 20-03 declaring a state of emergency due to the outbreak of COVID-19; and the Town Council of the Town of South Kingstown declared a state of emergency through an emergency ordinance enacted on March 15, 2020, and extended through December 14, 2020 to deal with the COVID-19 pandemic; and
WHEREAS, social distancing is the most effective and important tool available to combat the spread of the pandemic;
NOW THEREFORE, the following emergency measures are hereby enacted:
1. Gathering limitations must be pursuant to and in accordance with any current or future executive order(s) issued by the Governor of the State of Rhode Island (“the Governor”). At the time of this Executive Order issuance, such limitations are as detailed in the Governor’s Executive Order 20-95.
2. Resident, Non-Resident, and Seasonal Resident travel, travel restrictions and self-quarantine requirements must be pursuant to and in accordance with any current or future executive order(s) issued by the Governor. At the time of this Executive Order issuance, such restrictions and requirements are as detailed in the Governor’s Executive Order 20-95.
3. All Short-Term Lodging owners and operators shall inform their guests when making reservations and upon guest arrival of the aforementioned travel restrictions and self-quarantine requirements, and that if self-quarantine requirements are applicable, guests must remain on the Short-Term Lodging property for the duration of their stay, or for the duration of their required self-quarantine timeframe, whichever timeframe is shorter. All owners and operators of Short-Term Lodging facilities must arrange delivery service for their self-quarantined guests during the effective period, so that guests are not required to leave the Short-Term Lodging for food or other essentials. For purposes of this emergency ordinance, “Short-Term Lodging” is lodging of thirty (30) days or fewer, including, but not limited to, lodging in hotels, inns, and motels, and owners and operations taking reservations through online rental platforms such as Airbnb.
4. Any violation of any provision of this executive order is punishable by a fine not exceeding five hundred dollars ($500), with every day a violation continues considered a separate violation.
The South Kingstown Police Department is authorized to enforce these regulations in accordance with state directives and the Emergency Management statute.
To the extent that any provision in this order is inconsistent with any executive order issued by the Governor of the State of Rhode Island for dealing with COVID-19, the executive order of the Governor shall supersede this order and govern in its stead.
This executive order 2020-09 shall remain in effect until December 14, 2020 or the expiration of the State declaration of emergency, whichever is sooner. This executive order 2020-09 may be further extended if necessary by a subsequent executive order.
Issued November 10, 2020.
Emergency Management Director
Executive Order 2020-13
WHEREAS, on March 9, 2020, the State of Rhode Island Governor Gina M. Raimondo issued Executive Order 20-03 declaring a state of emergency due to the outbreak of COVID-19; and the Town Council of the Town of South Kingstown declared a state of emergency through an emergency ordinance enacted on March 15, 2020, and extended through December 14, 2020 to deal with the COVID-19 pandemic; and
WHEREAS, the Rhode Island Executive Office of Health and Human Services (OHHS) has requested that the Town allow the State to establish a COVID testing site at the South Road Elementary School (the “SRS”); and
WHEREAS, the SRS could be used as a vaccine distribution location when a COVID vaccine becomes available; and
WHEREAS, having ready access to the testing and vaccine resources is in the interest of South Kingstown residents and those from surrounding communities;
NOW THEREFORE, the following emergency measures are hereby enacted:
1. The State is hereby authorized to begin using the SRS as of November 21, 2020, for the purpose of establishing a COVID test administration location and/or a COVID vaccine administration site, pursuant to the Revocable License Agreement between the Town and the State.
2. The Town Manager shall use best efforts to work with OHHS to identify a mechanism for covering the costs associated with the State’s use of the SRS.
3. This executive order shall remain in effect until December 21, 2020, unless terminated prior to that date by a subsequent order. This executive order may be further extended if necessary, by a subsequent executive order. To the extent that this executive order is in any manner inconsistent with any prior executive order, the terms of this executive order shall govern.
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.
Affordable Housing Collaborative Committee (7 members; 3 year term)
Vacancies: terms expire August 2021 and August 2023 (Geoffrey Marchant resigned; Faye-Ann Hope resigned)
Conservation Commission (7 members; 3 year term)
Applicant: Timothy A. Ulmschneider (applied 12/30/2019)
Economic Development Committee (11 members, 3 year term)
Vacancies: terms expire March 2022 and March 2023 (Sarah Daly-Van Oot resigned; Richard Jurczak did not wish to be reappointed.)
Applicant: Marc Levitt (applied 11/13/2020)
Historic District Commission (7 members, 3 year term)
Vacancy: term expires December 2021 (James Garfield resigned)
Reappointments for terms expiring December 2020: Caroline Griswold does not wish to be reappointed. Awaiting response from Andrew Martinez. It is reported that Mr. Martinez attended 12 of 16 meetings held during the current term.
Housing Authority (5 members; 5 year term)
Reappointment for a term expired October 2020: Christi Saurette wishes to be reappointed (to be interviewed 11/23/2020). It is reported that Ms. Saurette has attended each of the 17 meetings held during her current term.
Applicants: 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)
Library Board of Trustees (7 members; 3 year term)
Applicants: Lori A. Underhill (applied 8/6/2020; interviewed 9/29/2020); Heidi Henderson (applied 8/14/2020; interviewed 9/29/2020); Stephanie R. Canter (applied 10/7/2020); Joanne Mikolajewski Walsh (applied 10/19/2020)
Planning Board (7 members; 3 year term)
Applicants: Rufus H. Thomas, Jr. (applied 5/14/2020; interviewed 6/22/2020); Robyn C. Pothier (applied 6/2/2020; interviewed 6/22/2020); Robert A. Mohr (applied 6/8/2020; interviewed 6/22/2020); Michael L. Geremia (applied 6/29/2020; interviewed 10/13/2020)
Recreation Commission (5 members; 3 year term)
Applicants: Timothy A. Ulmschneider (applied 12/30/2019; interviewed 8/11/2020); Sean C. Johnson (applied 8/3/2020; interviewed 8/11/2020)
Route 1 Stewardship Plan Development Committee (7 members)
Vacancy (Steve Wood resigned)
Applicant: Jude M. Nuzum (applied 2/28/2020)
Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)
Vacancy: term expires January 2025 (Mark Spangler deceased)
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)
Vacancies: terms expire June 2022 and June 2025 (Jacob Clemen resigned; Michael McEntee did not wish to be reappointed)
Applicant: James L. Lathrop (applied 8/19/2020; to be interviewed 11/23/2020)
Waterfront Advisory Commission (7 members; 3 year term)
Applicants: Timothy A. Ulmschneider (applied 12/30/2019; interviewed 7/27/2020); Nathaniel H. Merrill (applied 4/5/2020; interviewed 7/27/2020)
Zoning Board of Review (5 members, 2 alternates; 3 year term)
Vacancy: Full Member term expires March 2022 (John Bernardo resigned)
Applicant: Michele A. Doherty (applied 7/2/2020; interviewed 9/14/2020)
1. Manager Report: November 19, 2020
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