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WORK SESSION
AUGUST 10, 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 at the Town Hall, in and for said Town on the 10th day of August 2021 at 7:00 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. A. INTERVIEW 
The Town Council interviews Barrett Gross relative to his interest in being appointed to the Waterfront Advisory Commission.
1. B. WORK SESSION
The Interim Town Manager reviews Communication Item 7J regarding the Kingston Free Library parking issues and discussion ensues concerning an offer just received from URI to retain some of the Gateway parking spaces.
Discussion ensues relative to Communication Item 7L advising of Jonathan Daly-LaBelle’s resignation from the SMART Committee.
Discussion ensues relative to Communication Item 7M concerning suggestions from Charles A. Sweet for scenic pathway and school upgrade and expansion.
Discussion ensues relative to Communication Item 7N advising of Richard Jurczak’s planned resignation from the Zoning Board of Review.
Discussion ensues relative to Communication Item 7P from Joslin Leasca requesting the renewal of an emergency executive order to limit the number of students hosting or attending social gatherings.
Discussion ensues relative to Communication Item 7Q from Councilwoman Kelso concerning mask requirements at Town meetings, current CDC guidelines and transmission rates in Washington County.
Discussion ensues relative to meetings being held in person, Board and Commission meetings being held in spaces where there is more room, and requiring masks for members and attendees.
Discussion ensues relative to New Business Item 11A recognizing members of the Union Fire District for saving the life of a man and his dog.
Discussion ensues relative to New Business Item 11B authorizing an award of contract to Dixon Engineering & Inspection Services for potable water tank anchor stud design services.
Discussion ensues relative to New Business Item 11C authorizing an amendment to an award of bid to Safety Marking, Inc. for municipal road striping / marking services.
Discussion ensues relative to New Business Items 11D and E authorizing the Interim Town Manager to execute 1st lease amendments between the Town of South Kingstown and T-Mobile USA, Inc. for the Department of Public Services and the Victoria Lane Water Tank cell towers.
Discussion ensues relative to New Business Item 11F rejecting all bids received for a 2022 Ford F350 4X4 pickup truck with snow plow and reserving current year capital funds in the amount of $39,000 in the Highway Division’s equipment reserve fund.
Discussion ensues relative to New Business Item 11I authorizing a purchase from Zoll Medical Corporation of one Zoll X-Series Manual Monitor/Defibrillator in an amount not to exceed $30,654 including trade-in allowance.
Discussion ensues relative to New Business Item 11J extending the Town’s Declaration of Emergency.
Discussion ensues relative to New Business Item 11K authorizing the establishment of a Steering Committee for the purpose of planning and implementing a year-long celebration to recognize the 300th Anniversary of the Incorporation of the Town of South Kingstown.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
AUGUST 10, 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 at the Town Hall, in and for said Town on the 10th day of August 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. C. 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.
11A. New Business Item 11A is brought forward, read and presented, and it is
UNANIMOUSLY VOTED: to adopt a resolution recognizing members of the Union Fire District for saving the life of a man and his dog from a fire at their home, as follows:
The Town Council hereby offers its appreciation to members of the Union Fire District:
CAPTAIN TYLER PARKS
LIEUTENANT ERIC HOLMLANDER
CAPTAIN ANDY DUCKWORTH
LIEUTENANT MATT VINER
LIEUTENANT DAN KIELY
DEPUTY CHIEF TONY CINQUEGRANA
In recognition of their courage during the early morning hours of March 20, 2021 when the crew’s quick response and professional training helped rescue a victim and his dog who were trapped in a serious fire at their home. Their performance was above and beyond the obligation of duty. Members of the Kingston Fire District, South Kingstown Police and Emergency Medical Services personnel are also commended for their actions and assistance in this dangerous situation. The Town Council extends its appreciation and congratulations for a job well done.
Steve Pinch, Chief, UFD accepts the proclamation on behalf of the members.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on July 26, 2021 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on July 26, 2021 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on July 26, 2021 are accepted.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 7A. UNANIMOUSLY VOTED: that a communication dated July 18, 2021 from James M. Mageau concerning Critical Race Theory (CRT) training and the Black Lives Matter (BLM) movement is received and placed on file.
(CA) 7B. UNANIMOUSLY VOTED: that an email dated July 21, 2021 from John Kotula regarding racism is received and placed on file.
(CA) 7C. UNANIMOUSLY VOTED: that emails from Jen Krueger, Kateri Collins and Kim Rielly in support of appointing Bob Hicks to the School Committee are received and placed on file.
(CA) 7D. UNANIMOUSLY VOTED: that emails from April Tessier, Andrea Spaziante, Peter and Michelle McNally, Brian Kleczek, Laura Wallace, Christian Petrichko, Laurie Roebuck, Druanne Graf, Barbara Lema, Kate Collins, Tanya Tedeschi, Katherine Lang and MK Whitten in support of appointing Kaitlyn Roebuck to the School Committee are received and placed on file.
(CA) 7E. UNANIMOUSLY VOTED: that an email dated August 4, 2021 from Cynthia L. Dowgiallo in support of appointing Carol Vetter to the School Committee is received and placed on file.
(CA) 7F. UNANIMOUSLY VOTED: that emails from John Kotula, Johnette Rodriguez, Jesus de la Torre and Ilana Rose suggesting questions for the School Committee applicants are received and placed on file.
(CA) 7G. UNANIMOUSLY VOTED: that an email dated July 22, 2021 from Dorald Beasley concerning the School Building Committee is received and placed on file.
(CA) 7H. UNANIMOUSLY VOTED: that an email dated July 26, 2021 from Andrew Gilmartin supporting the continued use of Zoom for Town Council meetings is received and placed on file.
(CA) 7I. UNANIMOUSLY VOTED: that an email dated July 26, 2021 from Elizabeth Gledhill concerning stone sealing on Winter Street and Kenwood Avenue is received, placed on file and referred to the Director of Public Services.
(CA) 7K. UNANIMOUSLY VOTED: that emails from Terry Brittell and Jennifer Panneton concerning the Matunuck Sea Wall Protection Project are received and placed on file.
(CA) 7O. UNANIMOUSLY VOTED: that an email dated August 3, 2021 from Jenifer Madison, District Manager providing the Kingston Fire District’s 4th Quarter State Fiscal Report for FY 2020-2021 is received and placed on file.
(CA) 7R. UNANIMOUSLY VOTED: that an email dated August 4, 2021 from Dorald Beasley concerning potential School Department cost savings is received and placed on file.
(CA) 7S. 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) 11G. UNANIMOUSLY VOTED: that a claim filed by Adam J. Resmini, Esquire on behalf of his client, “Jane Doe”, a minor, relative to an incident that occurred on or about July 23, 2021 be referred to the Town Solicitor and the Town’s insurance carrier.
(CA) 11H. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $5,225.91, as shown on Tax Abatement Request No. 590.
(CA) 11L. 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 - None
7. COMMUNICATIONS
J. Timothy Murphy is present and discussion ensues regarding parking for the Kingston Free Library. The Interim Town Manager notes that an email was just received from Abigail Rider, URI, advising that the Town would be able to retain the use of four spaces at the Gateway complex for nine months, and it is
UNANIMOUSLY VOTED: that an email dated July 26, 2021 from Timothy Murphy, Chairman, Library Board of Trustees to URI President Dooley and Dr. Parlange regarding the impending loss of parking spaces on campus reserved for Kingston Free Library is received, placed on file, and the Town Council directs the Town Manager to arrange a meeting with the incoming President of URI to be held in the Council Chambers at his earliest convenience.
L. UNANIMOUSLY VOTED: that an email dated July 29, 2021 from Jonathan Daly-LaBelle advising of his resignation from the SMART Committee is accepted, and the Town Council directs that a letter of thanks be sent.
M. UNANIMOUSLY VOTED: that a letter dated July 27, 2021 from Charles A. Sweet suggesting plans to develop a scenic pathway between the Neighborhood Guild and Old Mountain Field, and to upgrade and expand school facilities, athletic fields and parking areas is received, placed on file and referred to the Town Manager and Planning Department staff for review.
N. UNANIMOUSLY VOTED: that a letter dated July 28, 2021 from Richard J. Jurczak advising of his resignation from the Zoning Board of Review effective October 1, 2021 is accepted, and the Town Council directs that a letter of thanks be sent.
P. UNANIMOUSLY VOTED: that an email dated August 4, 2021 from Joslin B. Leasca requesting consideration of the renewal of an emergency executive order to limit the number of students hosting or attending social gatherings in community housing is received, placed on file and referred to the Town Manager; no action will be taken at this time.
Q. Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated August 4, 2021 from Councilwoman Deborah J. Kelso concerning mask requirements at in person meetings is tabled until the next meeting, if needed based on COVID transmission rates.
8. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
Richard Youngken, Chair of the Historic District Commission comments in regard to parking issues at the Kingston Free Library and expresses concerns that historic buildings may be demolished for parking.
Dorald Beasley comments regarding URI parking places.
Greg Sweet asks if the investigation results will be discussed at tonight’s meeting.
Dorald Beasley comments on the sale of State group homes at auction, specifically a property located on Stonehenge Road in Kingston.
Interim Town Manager Theresa Murphy responds that by law, the State must advertise such properties for sale and allow the Town to match the bid price if interested.
Dorald Beasley suggests changing the Town Charter to allow the next highest vote getter to fill a vacant School Committee seat.
Councilwoman Rose comments on the sale of the group home property.
Councilwoman Bergner comments on staff parking at the Kingston Free Library.
9. TOWN MANAGER’S REPORT
The Town Manager’s Interim Report dated July 29, 2021, and the Miscellaneous Report dated August 5, 2021 are accepted, approved and placed on file.
10. APPOINTMENTS
A. Discussion ensues, and it is
VOTED: to appoint Barrett M. Gross to the Waterfront Advisory Commission for a term to expire in June 2024.
Councilwoman Bergner and Councilwoman Rose voted against.
11. NEW BUSINESS
B. UNANIMOUSLY VOTED: to authorize an award of contract to Dixon Engineering & Inspection Services, 789 Lafayette Road, Medina, OH 44256 for potable water tank anchor stud design services in an amount not to exceed $16,430 including a contingency of $5,000; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated August 2, 2021 and entitled “Water Tank Anchor Bolt Remedial Design - Engineering Services.”
C. UNANIMOUSLY VOTED: to authorize an amendment to an award of bid originally granted on July 22, 2019 to Safety Marking, Inc., 255 Hancock Avenue, Bridgeport, CT 06605 for municipal road striping / marking services at the unit prices bid for the period July 1, 2021 through June 30, 2022; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated August 2, 2021 and entitled “Bid Recommendation - Regional Road Striping Contract Extension.”
D. UNANIMOUSLY VOTED: to authorize the Interim Town Manager to execute a 1st lease amendment between the Town of South Kingstown and T-Mobile USA, Inc., 12920 S.E. 38th Street, Bellevue, WA 98006 for the Town’s Department of Public Services lattice antenna tower located at 509 Commodore Perry Highway, in accordance with terms of lease agreements as approved by the Assistant Town Solicitor; and as further detailed in a memorandum from the Public Services Director to the Interim Town Manager dated July 29, 2021 and entitled “T-Mobile Cellular Lease Amendment for Department of Public Services Antenna.”
E. UNANIMOUSLY VOTED: to authorize the Interim Town Manager to execute a 1st lease amendment between the Town of South Kingstown and T-Mobile USA, Inc., 12920 S.E. 38th Street, Bellevue, WA 98006 for the Town’s Public Services Department Victoria Lane water tank, in accordance with terms of lease agreements as approved by the Assistant Town Solicitor; and as further detailed in a memorandum from the Public Services Director to the Interim Town Manager dated July 29, 2021 and entitled “T-Mobile Cellular Lease Amendment for Victoria Lane Tank.”
F. UNANIMOUSLY VOTED: to reject all bids received for a 2022 Ford F350 4X4 pickup truck with snow plow, and that current year capital funds in the amount of $39,000 be reserved in the Highway Division’s equipment reserve fund; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated July 29, 2021 and entitled “Pickup Truck with Snow Plow – Recommendation to Reject All Bids.”
I. UNANIMOUSLY VOTED: to authorize the purchase from Zoll Medical Corporation, 269 Mill Road, Chelmsford, MA 01824 of one Zoll X-Series Manual Monitor/Defibrillator in an amount not to exceed $30,654 including trade-in allowance; as further described in a memorandum from the Chief of EMS to the Interim Town Manager dated August 4, 2021 and entitled “Cardiac Monitor Replacement.”
J. UNANIMOUSLY VOTED: to extend the Town’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020 and subsequently renewed on April 13, 2020, May 11, 2020, June 8, 2020, July 13, 2020, August 11, 2020, September 14, 2020, October 13, 2020, November 9, 2020, December 14, 2020, January 11, 2021, January 25, 2021, February 22, 2021, March 22, 2021, April 26, 2021, May 24, 2021, June 28, 2021, and July 26, 2021 as follows:
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 20-02 dated March 9, 2020 declaring a state of emergency, and Executive Order 20-03 dated March 13, 2020 containing a supplemental emergency declaration. Governor Raimondo extended the state of emergency as set forth in Executive Order 20-23 on April 10, 2020, and it was further extended on May 7, June 4, July 3, July 31, September 2, October 2, November 2, December 2, December 22, 2020, January 19, and February 16, 2021. Governor Daniel McKee further extended the state of emergency on March 16, April 21, May 20, June 10, and July 9, 2021. The Town Council voted to extend the date of the local emergency declaration on April 13, 2020, and it was further extended on May 11, June 8, July 13, August 11, September 14, October 13, November 9, December 14, 2020, January 11, January 25, February 22, March 22, April 26, May 24, June 28, and July 26, 2021.
Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 184 further supplemental emergency declarations (as of July 30, 2021) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On July 8, 2021, Governor McKee issued Executive Order 21-77 further extending the state of emergency to August 6, 2021. 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 emergency declaration from July 26, 2021 to August 6, 2021. The substance of the Council’s 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 Interim Town Manager to take any and all actions deemed necessary to address the ongoing emergency. The Interim 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 September 13, 2021 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 the Governor of the State of Rhode Island on or before August 6, 2021, this Ordinance shall expire on that date.
K. UNANIMOUSLY VOTED: to authorize the establishment of a Steering Committee for the purpose of planning and implementing a year-long celebration to recognize the 300th Anniversary of the Incorporation of the Town of South Kingstown, as further described in a memorandum from the Interim Town Manager to the Town Council dated August 5, 2021 and entitled “Steering Committee for Town 300th Anniversary.”
12. CLOSED EXECUTIVE SESSION
UNANIMOUSLY VOTED: to recess to Closed Executive Session at 8:40 PM pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: Town Manager; pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to collective bargaining re: South Kingstown Municipal Employees Association (SKMEA) local NEARI; and pursuant to RIGL §42-46-5(a)(4) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal re: AFL-CIO mailer.
Regular Session is reconvened at 9:42 PM, 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: Town Manager; pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to collective bargaining re: South Kingstown Municipal Employees Association (SKMEA) local NEARI; and pursuant to RIGL §42-46-5(a)(4) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal re: AFL-CIO mailer.
It is noted that no votes were taken during the Closed Executive Session.
13. NEW BUSINESS (continued)
A. UNANIMOUSLY VOTED: as amended, to authorize the Interim Town Manager to enter into a three-year collective bargaining agreement with the NEARI local South Kingstown Municipal Employees Association (SKMEA) for FY2021-2022 through FY2023-2024, in accordance with a memorandum from the Interim Town Manager to the Town Council dated August 3, 2021 and entitled “SKMEA/NEARI Labor Contract Negotiations.”
Discussion ensues, and it is
B. UNANIMOUSLY VOTED: to approve and authorize the release of a memorandum prepared by the Town Solicitor reporting the findings of the AFL-CIO student mailer investigation.
The Town Solicitor will make minor revisions to the report, and it will be released to the public tomorrow and posted on the Town website.
UNANIMOUSLY VOTED: to adjourn at 9:48 PM.
Susan M. Flynn, CMC
Town Clerk