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WORK SESSION

APRIL 12, 2021

At a WORK SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island held via video- and tele-conference, in and for said Town on the 12^th day of April 2021 at 6:00 PM.

PRESENT: Abel G. Collins, President

Rory H. McEntee, Vice President

Deborah D. Bergner

Deborah J. Kelso

Jessica L. Rose

1. A. WORK SESSION

Kate Brewster, Chief Executive Officer, Jonnycake Center is present and discusses their purchase of Welcome House properties for housing local families. Ms. Brewster requests a waiver of a Payment In Lieu Of Tax (PILOT) agreement for three years, valued at $5,200.

Discussion ensues relative to establishing a new PILOT agreement with the Jonnycake Center or providing a tax abatement for the subject properties.

The following members of the South Kingstown Housing Authority (SKHA) Board of Commissioners are present: Christopher Little, Charlene Traynum, Susan Jacobsen; and Laura Lee Costello, Executive Director.

Ms. Costello presents the Housing Authority’s request for a three-year waiver of their PILOT agreement with the Town.

Mr. Little notes that as a federal Housing and Urban Development (HUD) property, SKHA is tax exempt but by law has a PILOT agreement with the Town. The Housing Authority will conduct a physical needs assessment of the three SKHA properties located at Curtis Corner Road, Uncle Sam’s Lane and High Street. A grant from HUD is anticipated for this project.

Discussion ensues relative to the progress on developing an on-site laundry facility at their Champagne Heights property.

Discussion ensues relative to potential development of SKHA-owned property.

Ms. Costello notes there may be grant money for housing agencies from federal stimulus funding.

Susan Jacobsen and Charlene Traynum express their thanks for the Town’s support and continued partnership with the Housing Authority.

1. B. INTERVIEWS

The Town Council interviews Ryan Muir relative to his interest in serving on the School Building Committee.

The Town Council interviews Brian Nelson relative to his interest in serving on the School Building Committee.

The Town Council interviews Robert A. Mohr relative to his interest in serving on the School Building Committee.

The Town Council interviews Robert E. Littlefield relative to his interest in serving on the School Building Committee.

Discussion ensues relative to increasing the diversity of applicants, and waiting until the May 10^th meeting to make appointments to the School Building Committee, once the vote is taken on the School Bond.

The Town Council interviews Daniel Secone relative to his interest in serving on the School Building Committee.

The Town Council interviews Roland Fiore relative to his interest in serving on the School Building Committee.

The Town Council interviews Casey Charkowick relative to his interest in being promoted to a full member position on the Zoning Board of Review.

Applicants for the School Building Committee will be notified of the delay in making appointments.

1. C. WORK SESSION

Discussion ensues relative to Communication Item 8L from the Affordable Housing Collaborative Committee providing their recommendations for amendments to the Town’s Affordable Housing Ordinance and proposing a new ordinance providing property tax relief for Accessory Dwelling Units.

Discussion ensues relative to Communication Item 8O from Councilwoman Deborah D. Bergner requesting a Closed Executive Session to discuss litigation against a vendor(s) to the School Department.

Discussion ensues relative to Communication Items 8A and 8B from the South Kingstown Housing Authority and the Jonnycake Center requesting waivers of PILOT agreements for three years.

Discussion ensues relative to Public Hearing Item 7D to consider adoption, by reference, of the 2021 Comprehensive Community Plan.

Convened to Regular Session.

Susan M. Flynn, CMC

Town Clerk

REGULAR SESSION

APRIL 12, 2021

At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held via video- and tele-conference, in and for said Town on the 12^th day of April 2021 at 7:30 PM.

PRESENT: Abel G. Collins, President

Rory H. McEntee, Vice President

Deborah D. Bergner

Deborah J. Kelso

Jessica L. Rose

1. D. 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 all members are present.

Council President Collins reviews the access and call-in procedures for the public to view and/or participate in this evening’s virtual meeting.

4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS

A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on March 10, March 17 and March 22, 2021 are accepted, approved and placed on file.

B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on March 22, 2021 are accepted, approved and placed on file.

C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on March 22, 2021 are accepted.

5. CONSENT AGENDA

UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.

(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Belmont Marketplace, Inc. d/b/a Belmont Marketplace, 600 Kingstown Road, Wakefield, RI 02879. Application by Vincent Siravo, President; Renewal. License No. 59664.

(CA) 6E. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses and Additional Hours from 4 AM to 6 AM to Tower Hill Donuts, Inc., d/b/a Dunkin’ Donuts, 3045 Tower Hill Road, Saunderstown, RI 02874. Application by Zaria Santos, Licensing; Renewal. License No. 59102.

(CA) 6F. UNANIMOUSLY VOTED: to grant a Tourist Accommodations License to Sheppard’s Campus Bed & Breakfast, 16 Campus Avenue, Kingston, RI 02881 for three spaces, six persons only. Application by David & Patricia Sheppard, Owners; Renewal. License No. 61883.

(CA) 8C. UNANIMOUSLY VOTED: that a resolution adopted March 16, 2021 by the Lincoln Town Council in opposition to gun control legislation pending in the General Assembly is received and placed on file.

(CA) 8D. UNANIMOUSLY VOTED: that a resolution dated March 1, 2021 by the Barrington Town Council in support of Climate Bills pending in the General Assembly (H 5445 and S 0078) is received and placed on file.

(CA) 8F. UNANIMOUSLY VOTED: that an email dated March 21, 2021 from Emily Totten concerning the School operations and facilities plan is received and placed on file.

(CA) 8G. UNANIMOUSLY VOTED: that an email dated March 22, 2021 from Joyce MacManus concerning the donation of land to the Town for the High School is received and placed on file.

(CA) 8H. UNANIMOUSLY VOTED: that an email dated March 22, 2021 from Jamie Murdock expressing concerns with a proposed commercial development project on Route 108, and a response dated March 25, 2021 from the Town Manager are received and placed on file.

(CA) 8I. UNANIMOUSLY VOTED: that an email dated March 24, 2021 from Jennifer Krueger concerning filling vacancies on the Affordable Housing Collaborative Committee is received and placed on file.

(CA) 8J. UNANIMOUSLY VOTED: that emails from Stephen Dahl concerning wireless technology and cell phone radiation are received and placed on file.

(CA) 8K. UNANIMOUSLY VOTED: that a letter dated March 22, 2021 from Patrick F. Sacbibit, Engineering Services Branch Chief, Federal Insurance and Mitigation Administration regarding the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) Report for the Town is received and placed on file.

(CA) 8Q. UNANIMOUSLY VOTED: that an email dated April 7, 2021 from Sarah Perrone providing a neighborhood update regarding outdoor entertainment at the Pump House Music Works is received and placed on file.

(CA) 8S. 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) 12A. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $2,440.46, as shown on Tax Abatement Request No. 583.

(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. Mark Bryson is present, and after testimony and discussion it is

UNANIMOUSLY VOTED: to grant a Victualling License to Hannah’s Bistro, LLC d/b/a Duck Press, 333 Main Street, Wakefield, RI 02879 subject to approval by the RI Department of Health and RI Division of Taxation. Application by Mark D. Bryson, Member, 1 Keeher Avenue, Newport, RI 02840; New. License No. 70001.

B. Peter Paliotti is present with his attorney, Daniel Baruti, and after testimony and discussion it is

UNANIMOUSLY VOTED: to grant a Victualling License to Paliotti Family Enterprises, Inc. d/b/a The Flatts, 501 High Street, Wakefield, RI 02879 subject to approval by the RI Department of Health and RI Division of Taxation. Application by Peter Paliotti, President, 32 Larson Lane, Wakefield, RI 02879; New. License No. 70078.

C. Mike Squatrito is present on behalf of the applicant, and after testimony and discussion it is

UNANIMOUSLY VOTED: to grant a Holiday Sales License to RPC Inc. d/b/a Rumford Pet Express, 600 Kingstown Road, Wakefield, RI 02879. Application by Beth Sammis, Accounting; New. License No. 70144.

7. PUBLIC HEARINGS

A. Notice having been duly given, a Public Hearing is held 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 VICTUALLER LIQUOR LICENSE

Transfer of a Class B Victualler Liquor License from Mary Murphy’s, LLC d/b/a Mary Murphy’s, 333 Main Street, Wakefield, RI by Patrick Guidera, Member to Hannah’s Bistro, LLC d/b/a Duck Press by Mark D. Bryson, Member, 333 Main Street, Wakefield, RI for the first floor dining room and bar area in accordance with a Special Use Permit granted by the Zoning Board of Review on May 19, 2010; and as further defined in a site plan on file in the Town Clerk’s office.

Mark Bryson, Member, Hannah’s Bistro testifies regarding plans for operating this business.

Discussion ensues, and it is

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: to grant 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 VICTUALLER LIQUOR LICENSE

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. Notice having been duly given, a Public Hearing is held 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 VICTUALLER LIQUOR LICENSE

Transfer of a Class B Victualler Liquor License from The Flatts, LLC d/b/a The Flatts, 501 High Street, Wakefield, RI by Jane LeBlanc, Member to Paliotti Family Enterprises, Inc. d/b/a The Flatts by Peter Paliotti, President, 501 High Street, Wakefield, RI for the first floor bar and dining areas; and as further defined in a site plan dated March 17, 2021 on file in the Town Clerk’s office.

Objections to this transfer from the following creditors are referenced and placed on file: Horizon Beverage in the amount of $2,545.70; McLaughlin & Moran in the amount of $802.25; and RI Distributing in the amount of $1,228.31.

Attorney Daniel Baruti advises that all creditors’ claims will be settled. Peter Paliotti testifies regarding the planned operation of The Flatts under his new company.

Discussion ensues, and it is

UNANIMOUSLY VOTED: to grant 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 VICTUALLER LIQUOR LICENSE

C. A Public Hearing is continued from March 22, 2021 to consider proposed amendments to the Town Code, Chapter 17, Taxation, Article I. In General, Section 17-1 Veterans exemptions, as follows:

Chapter 17 Taxation

Article I. In General

AMEND:

Section 17-1. Veterans exemptions.

Pursuant to G.L. 1956, § 44-3-5.1, as amended, the town council is authorized to exempt from taxation a specified dollar amount of real and/or personal property of qualified individuals, as defined in G.L. 1956, Chapter 3 of Title 44, who are residents of the Town of South Kingstown. The said individuals and the tax credits are as follows effective July 1, ~~2020~~ 2021:

(a) Veterans of war $~~185.00~~ $215.00

(b) Unmarried spouse of veteran of war $~~185.00~~ $215.00

disabled through service-connected disability ~~$305.00~~ $340.00

(d) Gold star parent $378.00

(e) Veterans who were prisoners of war ~~$550.00~~ $565.00

Jean Paul Bouchard, Tax Assessor discusses how Gold Star Parents are addressed in RI General Laws, and reviews existing statutory veterans exemptions. The amendments to the exemption amounts are being proposed to keep in line with state averages.

Discussion ensues, and it is

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 17, Taxation, Article I. In General, Section 17-1 Veterans exemptions, as follows:

Chapter 17 Taxation

Article I. In General

Section 17-1. Veterans exemptions.

(a) Veterans of war $215.00

(b) Unmarried spouse of veteran of war $215.00

disabled through service-connected disability $340.00

(d) Gold star parent $378.00

(e) Veterans who were prisoners of war $565.00

D. Notice having been duly given, a Public Hearing is held relative to adoption, by reference, of the Town of South Kingstown 2021 Comprehensive Community Plan. Jamie Rabbitt, Director of Planning gives a presentation on the update to the Town’s existing 2014 Comprehensive Community Plan (Comp Plan) that has been prepared by the Planning Board for Town Council consideration and adoption. The new Comp Plan replaces the existing plan in its entirety, and its adoption is in accordance with RIGL §45-22.2. Components of the 2014 Comp Plan are compared to the Draft 2021 Comp Plan. Three new elements were created as part of the 2021 Draft Comp Plan entitled “Citizens,” “Energy” and “Natural Hazards and Climate Change.”

The Natural Hazards and Climate Change element assesses the Town’s vulnerability to storm events and natural hazards, is designed to work with the Town’s Hazard Mitigation Plan, and establishes high level priorities for improving resilience and reducing the impact of events up the people and resources of the Town.

The Energy element evaluates municipal energy uses and opportunities to reduce energy consumption and utilize more sustainable energy sources.

The Citizens element details demographic data which affects how we assess the needs of the community, and what policies and actions are needed to make progress toward our goals.

The Future Land Use Map section includes recommendations regarding Industrial Mixed-Use and Commercial Neighborhood (CN) zoning, and a section of the CN zone located at the intersection of Route 138 and Route 1 is identified as a new zoning designation called the Gateway Special Management District. Considerations have also been made for how to determine the allowable future uses of land owned by the Town as it transitions out of the public realm due to obsolescence.

The Director of Planning notes the extensive public participation process that was undertaken over the past few years to update the Comp Plan.

Discussion ensues relative to maintaining consistency between the Comprehensive Community Plan and the Zoning Ordinance.

Roberta Mulholland is present and comments on the advertising for and presentation of the Comp Plan, traffic at Peace Dale School, obsolescence of Town properties, preservation of historic places, and village development.

Susan Marcus is present and comments on comparing the 2021 changes to the 2014 Plan.

Joslin Leasca is present and comments on the number of changes that were made, and holding a visioning session.

Dorald Beasley comments on the URI student population skewing the Town’s demographic and economic numbers, and the effect of zoning on school enrollment.

Discussion ensues relative to continuing the Public Hearing to allow more time for review of the Comp Plan, and it is

UNANIMOUSLY VOTED: to continue to May 24, 2021 a Public Hearing relative to adoption, by reference, of the Town of South Kingstown 2021 Comprehensive Community Plan.

Discussion ensues relative to resuming interviews for the School Building Committee. It is reported that Doug Bates, Tim LaRose and Thomas Routliffe have asked to be rescheduled, Gregory Sweet is not available this evening, and Steve Torbett has withdrawn.

The Town Council interviews Robert Hicks relative to his interest in serving on the School Building Committee.

The Town Council interviews Dorald Beasley relative to his interest in serving on the School Building Committee.

8. COMMUNICATIONS

A. UNANIMOUSLY VOTED: that a letter dated April 5, 2021 from Laura Lee Costello, Executive Director, South Kingstown Housing Authority providing information regarding their current and future plans and requesting consideration of a waiver of their Payment In Lieu Of Tax (PILOT) agreements for the next three years is received, placed on file, and referred to staff to prepare a fiscal impact memo.

B. UNANIMOUSLY VOTED: that a letter dated April 1, 2021 from Kate Brewster, Chief Executive Officer, Jonnycake Center requesting a waiver of Payment In Lieu Of Tax (PILOT) agreements for the next three years for properties recently purchased from the Welcome House is received, placed on file, and referred to staff to prepare a fiscal impact memo.

E. UNANIMOUSLY VOTED: that a resolution adopted March 1, 2021 by the Barrington Town Council in support of legislation pending in the General Assembly (H 5257 and S 0121) regarding preventing discrimination against tenants for lawful sources of income is received and placed on file.

L. UNANIMOUSLY VOTED: that a letter dated March 30, 2021 from Josh Daly, Chair, Affordable Housing Collaborative Committee providing their recommendations for amendments to the Town’s Affordable Housing Ordinance and proposing a new ordinance providing property tax relief for Accessory Dwelling Units is received, placed on file, and the Town Council directs that an order of notice be prepared for Public Hearings to be held on May 10, 2021.

M. Discussion ensues, and it is

VOTED: that a letter dated March 30, 2021 from Joseph P. Pratt, Executive Director, Boys & Girls Clubs of Newport County expressing interest in entering into negotiations to purchase the South Road School is received, placed on file, and the Town Council directs staff to enter into negotiations and prepare a proposal for the purchase of South Road School.

Councilwomen Bergner and Rose voted no.

N. UNANIMOUSLY VOTED: that resolutions adopted March 30, 2021 by the South Kingstown School Committee in support of House Bill H 6030 relative to state reimbursement of school transportation costs, in support of any legislative proposals banning firearms on school grounds, and in support of House Bill H 5193 for a moratorium on the expansion of Charter Schools are received, placed on file, and the Town Council voted to support the resolutions.

O. UNANIMOUSLY VOTED: that an email dated April 2, 2021 from Councilwoman Deborah D. Bergner requesting a Closed Executive Session to discuss litigation against a vendor(s) to the School Department is received, placed on file, and the Town Council approves the request.

P. UNANIMOUSLY VOTED: that an email dated April 5, 2021 from Kara Biller tendering her resignation from the Recreation Commission is received, placed on file, and the Town Council accepts the resignation and directs that a letter of thanks be sent.

R. Discussion ensues, and it is

UNANIMOUSLY VOTED: to table until May 10, 2021 emails dated March 30, 2021 from Robert Zarnetske, Town Manager, Zachary Saul, Finance Director and Mark Russo, Facilities Superintendent offering their resignations from the School Building Committee.

9. COMMENTS FROM INTERESTED CITIZENS

Council President Collins invites residents to come forward with comments.

Greg Crawford is present and comments on fair share development fees.

Joslin Leasca comments on holding visioning sessions on the Comprehensive Community Plan.

Discussion ensues relative to holding visioning sessions or other means of communication with the public relative to the Comp Plan.

Councilwoman Bergner discusses whether State funding may go to another town if the School Facilities Plan is not approved, and the effect that would have on the High School accreditation. Ms. Bergner makes a motion to add discussion of the school bond referendum to the Agenda, but there is no second.

Lauren Weinstock is present and comments on Councilwoman Bergner’s remarks during the community comment period, and State funding for educational construction projects.

Joslin Leasca comments on the High School accreditation and RIDE funding.

10. TOWN MANAGER’S REPORT

The Town Manager reports on voting procedures for the school bond referendum scheduled for May 4, 2021, and notes there will be a School Building Committee meeting on April 28^th at 6 PM. The Town Manager’s Interim Reports dated March 25 and April 1, 2021, and the Miscellaneous Report dated April 8, 2021 are accepted, approved and placed on file.

UNANIMOUSLY VOTED: to continue the meeting past 11:00 PM.

11. APPOINTMENTS

A. UNANIMOUSLY VOTED: to promote Casey Charkowick to a full member position on the Zoning Board of Review to complete a term to expire in March 2022.

UNANIMOUSLY VOTED: to designate Susan M. Walsh as Alternate #1 on the Zoning Board of Review to complete a term to expire in March 2022.

12. NEW BUSINESS

B. UNANIMOUSLY VOTED: to authorize a one-year extension of contract to Clifton Larson Allen LLP, 1 Capital Way, Cranston, RI 02910 and 29 South Main Street, West Hartford, CT 06107 to perform audit services for the Fiscal Year ending June 30, 2021 in an amount not to exceed $58,600; and as further described in a memorandum from the Finance Director to the Town Manager dated March 31, 2021 and entitled “Audit Services – Contract Extension for FYE June 30, 2021.”

C. UNANIMOUSLY VOTED: to authorize an award of contract to GZA GeoEnvironmental, Inc., 188 Valley Street, Providence, RI 02909 for Design, Permitting & Construction Inspection Services for the Marina Park Boat Ramp and Town Dock, in accordance with the specified scope of work, in an amount not to exceed $80,000, including a $6,030 contingency; and as further detailed in a memorandum from Director of Leisure Services to the Town Manager dated April 8, 2021 and entitled “Recommendation for Award of Contract for Design, Permitting & Construction Inspection Services: Marina Park Boat Ramp and Town Dock (SK0097RD).”

13. CLOSED EXECUTIVE SESSION

A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 11:08 PM pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: Robert C. Zarnetske, Town Manager; and pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to potential litigation re: School Department vendors.

It is noted that the individual who is the subject of this Closed Executive Session has been notified of his right to have this discussion in open session.

Regular Session is reconvened at 1:53 AM, and it is

UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: Robert C. Zarnetske, Town Manager; and pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to potential litigation re: School Department vendors.

It is noted that a motion and vote were made during the Closed Executive Session.

UNANIMOUSLY VOTED: to adjourn at 1:54 AM.

Susan M. Flynn, CMC

Town Clerk