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WORK SESSION

DECEMBER 13, 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 13^th day of December 2021 at 7:00 PM.

PRESENT: Abel G. Collins, President

Rory H. McEntee, Vice President

Deborah D. Bergner

Deborah J. Kelso

1. A. INTERVIEWS

The Town Council interviews Kateri Collins relative to her interest in being reappointed to the Bicycle – Pedestrian Advisory Committee.

The Town Council interviews Lisa-Beth Sanford relative to her interest in being appointed to the Bicycle – Pedestrian Advisory Committee.

The Town Council interviews Connor Duckworth relative to his interest in being appointed to the Waterfront Advisory Commission.

1. B. WORK SESSION

Discussion ensues relative to License Items 6B through 6H requesting approval of applications by Global Spectrum Venue Management for Class F 19-Hour Beverage Licenses for URI Men’s Basketball Games at the Ryan Center.

Discussion ensues concerning Public Hearing 7A relative to an application for transfer of a Class B Victualler Liquor License from David Barnes Development, Inc. d/b/a Mews Tavern, 456 Main Street, Wakefield, RI by David Barnes, President to Yankee Foods, LLC d/b/a Mews Tavern, 456 Main Street, Wakefield, RI by Jeffrey Cammans, Managing Member.

Discussion ensues regarding Public Hearing 7B concerning an application for renewal of a Class T Legitimate Theater Liquor License by South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI by Mariann Almonte, Executive Director. The application is not ready to go forward due to certain criteria not being met, and should be continued to the next meeting.

Theresa Murphy, Interim Town Manager reviews Communications Item 8D, resolutions adopted by North Smithfield and East Greenwich School Committees concerning school housing ratios.

Communications Item 8I is reviewed concerning a letter from Jude Nuzum resigning from the Economic Development Committee.

The Interim Town Manager reviews New Business Item 12B authorizing an award of bid to Tasca Ford for four (4) 2022 Ford Utility Police Interceptor vehicles in an amount not to exceed $150,500.

The Interim Town Manager reviews New Business Item 12C authorizing a First Amendment to the Revocable License Agreement with the RI Department of Health for use of South Road School as a COVID-19 testing and vaccination distribution site through March 31, 2022.

The Interim Town Manager reviews New Business Item 12D authorizing the submittal of a grant application to the RI Department of Environmental Management for funding through the 2021 Recreation Acquisition and Development grant program, for the purpose of planned capital improvements at Old Mountain Field.

The Interim Town Manager reviews New Business Item 12E approving resolutions prepared by Bond Counsel authorizing the issuance of bonds and/or notes in an amount not to exceed $6,500,000 to finance the Town’s Capital Improvement Plan for FY 2020-2026 as approved by the electorate on November 3, 2020, and the issuance of bonds and/or notes in an amount not to exceed $1,000,000 to finance Neighborhood Guild improvements as approved by the electorate on November 7, 2006.

The Interim Town Manager reviews New Business Item 12F authorizing the extension of a contract originally awarded on June 14, 2021 to 4Leaf, Inc. for Plan Review and Building Inspection Services on an as needed basis for up to six months, from January 1, 2022 through June 30, 2022.

The Interim Town Manager reviews New Business Item 12H authorizing a National Grid energy initiative application for an LED lighting retrofit project at the South Road Building, using the National Grid on-bill repayment option.

The Interim Town Manager reviews New Business Item 12I authorizing an award of bid to TBNG, Incorporated – Vancord for town networking equipment in an amount not to exceed $213,143.

The Interim Town Manager reviews New Business Items 12J and 12K rejecting a proposal dated September 28, 2020 from Cyber Communications, Inc. for the Public Safety UHF Voice Radio Communications System per Bid #SK0006CD, and authorizing an award of contract to Marcus Communications, LLC for implementation, construction, subscribers, and delivery of a turnkey UHF Simulcast System per Bid #SK0007CD.

The Interim Town Manager reviews New Business Item 12L authorizing the Interim Town Manager to send a letter on behalf of the Town Council in support of the grant application to RI Commerce to assist in the development of regulations that promote innovative, context-sensitive design for new development and re-development in Peace Dale and Wakefield.

Discussion ensues relative to New Business Item 12M authorizing the submission of an amended Community Development Block Grant (CDBG) Affordable Housing application to the RI Office of Housing & Community Development requesting an increase in the project budget for the purpose of supporting the Westerly Area Rest Meals (WARM) Center’s acquisition of the Welcome House emergency shelter.

Discussion ensues relative to New Business Item 12N accepting the transfer of ownership of Ram Point Marina, Inc. to TS-Grove Pt Marinas Asset Funding, LLC, 251 Little Falls Drive, Wilmington, DE 19808 under the existing Marina Park property leases dated July 1, 2021 between the Town of South Kingstown and Ram Point Marina, Inc., with the exact terms and conditions therein.

The Interim Town Manager reviews New Business Item 12O extending the Town’s Declaration of Emergency through January 10, 2022.

The Interim Town Manager reviews New Business Item 12P regarding approval of a Temporary Town Manager Employment Contract.

It is noted that there will be a Closed Executive Session this evening.

Convened to Regular Session.

Susan M. Flynn, CMC

Town Clerk

REGULAR SESSION

DECEMBER 13, 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 13^th day of December 2021 at 7:30 PM.

PRESENT: Abel G. Collins, President

Rory H. McEntee, Vice President

Deborah D. Bergner

Deborah J. Kelso

1. C. REGULAR SESSION

2. A. PLEDGE OF ALLEGIANCE TO THE FLAG

The Pledge of Allegiance to the flag is given.

B. LAND ACKNOWLEDGEMENT STATEMENT

The Land Acknowledgement Statement is read.

3. ROLL CALL

Roll Call is taken and four members are present. Councilwoman Rose is absent.

4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS

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

B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on November 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 November 22, 2021 are accepted.

5. CONSENT AGENDA

UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of Communication Items 8H and 8J.

(CA) 6J. UNANIMOUSLY VOTED: to grant Victualling Licenses for the year beginning December 1, 2021 to the following; Renewals:

Aunties Kitchen LLC d/b/a Aunties Kitchen, 237 Robinson Street, Wakefield, RI 02879. Application by Kathy Curley, Member. License No. 60895.

Turner Provisions, LLC d/b/a Pier Pizza Company, 328 Main Street, Wakefield, RI 02879. Application by Jordan Becker, Member. License No. 59881.

Up Dog, LLC d/b/a Island Deli Sandwich Shop, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by Michael Bucci, Member. License No. 61114.

(CA) 6K. UNANIMOUSLY VOTED: to grant a Victualling License and Additional Hours from 2 AM to 6 AM to Kasbac, LLC d/b/a McDonald’s Restaurant, 140 Old Tower Hill Road, Wakefield, RI 02879. Application by Lynn Ciminello, Licensing; Renewal. License No. 60845.

(CA) 6L. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:

Buffalo Gills, LLC d/b/a Buffalo Gills, 222 Rose Hill Road, Wakefield, RI 02879. Application by Brandon C. Gilley, Member. License No. 69989.

Global Montello Group Corp. d/b/a Alltown South Kingstown, 3079 Tower Hill Road, Wakefield, RI 02879. Application by Richard Woolverton, VP of Operations. License No. 63963.

JSC Management Group, LLC d/b/a Burger King, 126 Old Tower Hill Road, Wakefield, RI 02879. Application by Megan Vann, Accounting. License No. 66950.

KCW Bagels III, LLC d/b/a Providence Bagel, 99 Fortin Road, Kingston, RI 02881. Application by Chris Wietecha, Managing Partner. License No. 63335.

L & R Northup, Inc. d/b/a L & R Northup, 1892 Kingstown Road, Wakefield, RI 02879. Application by Rachel Northup, President. License No. 73184.

South County Bread Company, LLC d/b/a South County Bread Company, 333 Main Street, Wakefield, RI 02879. Application by Jeffrey Collins, Member. License No. 69909.

South County Donuts, Inc. d/b/a Dunkin Donuts, 1892 Kingstown Road, Wakefield, RI 02879. Application by Rob Batista, Secretary. License No. 59134.

(CA) 6M. 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 Angela Manzo, Accounting Clerk; Renewals. License No. 59102.

(CA) 6N. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:

Drake Petroleum Company, Inc. d/b/a South Kingstown Xtra Mart, 72 Old Tower Hill Road, Wakefield, RI 02879. Application by Richard Woolverton, VP of Operations. License No. 59237.

Eloquence Jewelers, LLC d/b/a Eloquence Jewelers, 36 South County Commons Way, Wakefield, RI 02879. Application by Daniel Lantz, Member. License No. 59223.

Mattress Firm, Inc. d/b/a Mattress Firm 17004, 26 South County Commons Way, Wakefield, RI 02879. Application by Angela Brannon, Tax Accountant. License No. 61167.

Matunuck Beach Properties, Inc. d/b/a Roy Carpenters Beach, 240 Cards Pond Road, Wakefield, RI 02879. Application by Nancy Thoresen, President. License No. 59268.

Low Tide Jewelry Co., 1070 Kingstown Road, Wakefield, RI 02879. Application by Paula Quigley, Owner. License No. 69699.

Point Judith Marina, LLC d/b/a Point Judith Marina, 392D Gooseberry Road, Wakefield, RI 02879. Application by Anne Killeen, General Manager. License No. 60136.

Stone Cove Marina, Inc. d/b/a Stone Cove Marina, 134 Salt Pond Road, Wakefield, RI 02879. Application by Steve Wood, President. License No. 59433.

TPS Group Holdings, LLC d/b/a The Paper Store, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Lisa Grant, Accounting. License No. 69591.

(CA) 6O. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses for the year beginning December 1, 2021 to The Farmers Daughter, LLC d/b/a The Farmers Daughter, 716 Mooresfield Road, Wakefield, RI 02879. Application by Sarah Partyka, Member. License No. 59742.

(CA) 6P. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Produce Licenses to Sosnowski Farm, 3 Waites Corner Road, West Kingston, RI 02892. Application by Sue and Mike Sosnowski, Owners. License No. 60598.

(CA) 6Q. UNANIMOUSLY VOTED: to grant Private Detective Licenses for the year beginning December 1, 2021 to the following; Renewals:

DSN Investigations and Consulting, LLC d/b/a DSN Investigations and Consulting, 650 Moonstone Beach Road, Wakefield, RI 02879. Application by David Neill. License No. 68325.

Keara Wolstencroft, 24 Little Woods Path, Wakefield, RI 02879. Application by Keara Wolstencroft. License No. 60170.

(CA) 8A. UNANIMOUSLY VOTED: that an email dated November 18, 2021 from Timothy Murphy, President, Library Board of Trustees requesting that crossing flags be provided for pedestrian use on Route 138 at the Kingston Free Library, and a response from the Library Director are received and placed on file.

(CA) 8B. UNANIMOUSLY VOTED: that an email dated November 22, 2021 from Norma Roelke concerning pot holes on Sand Piper Drive, a private road, and a response from the Interim Town Manager are received and placed on file.

(CA) 8C. UNANIMOUSLY VOTED: that an email dated November 22, 2021 from David Cote concerning the Emergency Medical Services report on its response times is received and placed on file.

(CA) 8E. UNANIMOUSLY VOTED: that an email dated November 29, 2021 from Pam Woo, Small Business Saturday Coalition concerning a Small Business Saturday proclamation is received and placed on file.

(CA) 8F. UNANIMOUSLY VOTED: that an email dated December 1, 2021 from Marcia L. Sahagian to the Kingston Hill Academy concerning traffic issues at school dismissal time is received and placed on file.

(CA) 8G. UNANIMOUSLY VOTED: that an email dated December 1, 2021 from Mark L. Grayeck concerning the condition of the basketball court at Green Hill Park, and a response from the Park Superintendent are received and placed on file.

(CA) 8M. 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) 13A. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $732.40, as shown on Tax Abatement Request No. 596.

(CA) 13G. UNANIMOUSLY VOTED: to authorize an award of contract to FARO Technologies, Inc., PO Box 116908, Atlanta, GA 30368-6908 for the purchase of a Total Station Package Upgrade for Accident and Crime Scene Reconstruction, complete with all necessary hardware, software, and training, in an amount not to exceed $8,765; and as further described in a memorandum from the Police Chief to the Interim Town Manager dated December 8, 2021 and entitled "Award Recommendation – FARO Total Station Package Upgrade.”

(CA) 13Q. 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. Steve Hardy, one of the owners is present on behalf of Yankee Foods, and after testimony and discussion it is

UNANIMOUSLY VOTED: to grant Victualling, Dance and Holiday Sales Licenses to Yankee Foods, LLC d/b/a Mews Tavern, 456 Main Street, Wakefield, RI 02879. Application by Jeffrey Cammans, Managing Member; New. License No. 73266.

B. – H. License Items B through H are considered as a group and discussion ensues relative to these applications for Class F 19-Hour Beverage Licenses filed by Global Spectrum LP d/b/a Spectra Venue Management for URI Men’s Basketball Games at the Thomas M. Ryan Center between December 22, 2021 and February 5, 2022. Mario Martone, attorney for the Ryan Center and Leah Becki, General Manager are present and describe the proposed beer and wine service at the concession stands, security measures, and staff certification as alcohol servers. Their intent is to apply for a new Class J Convention Hall Liquor License to operate at these events, and discussion ensues regarding the timeline required for consideration of that application. These Class F license applications are being sought in the meantime. Discussion ensues relative to the start and end times of liquor service at these events, and it is voted to approve Items B through E with conditions, and defer consideration of Items F through H until January 10, 2022 as follows:

B. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game from one hour prior to game time to five minutes after the start of the second half on Wednesday, December 22, 2021 at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911. License No. 73562.

C. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game from one hour prior to game time to five minutes after the start of the second half on Thursday, December 30, 2021 at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911. License No. 73563.

D. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game from one hour prior to game time to five minutes after the start of the second half on Sunday, January 2, 2022 at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911. License No. 73564.

E. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game from one hour prior to game time to five minutes after the start of the second half on Wednesday, January 12, 2022 at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911. License No. 73565.

F. UNANIMOUSLY VOTED: to continue to January 10, 2022 a resolution granting an application for a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Saturday, January 22, 2022 from 11:30 AM to 3:30 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

G. UNANIMOUSLY VOTED: to continue to January 10, 2022 a resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Tuesday, January 25, 2022 from 5:00 PM to 10:30 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

H. UNANIMOUSLY VOTED: to continue to January 10, 2022 a resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Saturday, February 5, 2022 from 12:00 PM to 5:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

I. UNANIMOUSLY VOTED: to continue to January 10, 2022 a resolution granting Theater and Dance Licenses to South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI 02892. Application by Mariann Almonte, Executive Director; Renewal.

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 David Barnes Development, Inc. d/b/a Mews Tavern, 456 Main Street, Wakefield, RI by David Barnes, President to Yankee Foods, LLC d/b/a Mews Tavern, 456 Main Street, Wakefield, RI by Jeffrey Cammans, Managing Member for the first and second floor, mezzanine and third floor lounge including a 40 foot expansion, as described in the Special Exception granted April 20, 1994 and Special Use Permits granted September 17, 1997 and January 21, 2004 by the Zoning Board of Review, and additional tavern area in accordance with a Special Use Permit granted on February 20, 2013; and expanded service area at the rear of the existing building within the existing parking lot, consisting of a curbside pickup kiosk and hostess station with dining seating and border/separation from the parking and vehicle access, approximately 8,000 square feet, in accordance with a Special Use Permit granted March 17, 2021 by the Zoning Board of Review; and as further defined in site plans dated March 7, 2013 and April 14, 2021 on file in the Town Clerk’s office.

A letter dated December 9, 2021 from McLaughlin & Moran, Inc. filing an objection, and a letter dated December 13, 2021 releasing that objection are referenced and placed on file. Letters dated December 13, 2021 from Mancini Beverage filing an objection and releasing that objection are also referenced and placed on file.

Steve Hardy, partner is present and testifies for the Yankee Foods owners group regarding their plans to acquire the Mews Tavern. Discussion ensues regarding the ownership of Yankee Foods.

Bob Trager is present and speaks in support of the transfer.

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, 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.

B. UNANIMOUSLY VOTED: to continue to January 10, 2022 a Public Hearing relative to an application for renewal 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 T LEGITIMATE THEATER LIQUOR LICENSE

Application for renewal of a Class T Legitimate Theater Liquor License by South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI by Mariann Almonte, Executive Director for the first and second floor of the building, in accordance with a Special Use Permit granted by the Zoning Board of Review on November 28, 2012; and as further defined in a site plan on file in the Town Clerk’s office.

8. COMMUNICATIONS

D. UNANIMOUSLY VOTED: that resolutions adopted by the North Smithfield School Committee and East Greenwich School Committee in support of the General Assembly extending sections of RIGL §16-7-40 Increased school housing ratio are received and placed on file.

H. Discussion ensues, and it is

UNANIMOUSLY VOTED: that an email dated December 4, 2021 from Linda Hazard concerning the status of the Matunuck Beach Road condos project, and a response from the Principal Planner are received and placed on file.

I. UNANIMOUSLY VOTED: that a letter dated December 6, 2021 from Jude M. Nuzum tendering his resignation from the Economic Development Committee, effective immediately is accepted, and the Town Council directs that a letter of thanks be sent.

J. Discussion ensues, and it is

UNANIMOUSLY VOTED: that an email dated December 7, 2021 from Geraldine “Running Brook” Venter requesting reimbursement for costs related to a residential construction project, and a response from the Building Official are received and placed on file.

K. Discussion ensues relative to a request by the Economic Development Committee for a Work Session to discuss Saugatucket Park improvements. The Interim Town Manager reviews the background of this request. James Rabbitt, Director of Planning indicates that the Planning Board intends to discuss this at their meeting the following night, and would like to participate in the work session, and it is

UNANIMOUSLY VOTED: that a memorandum dated December 9, 2021 from the Senior Planner concerning the Economic Development Committee’s request to hold a joint work session with the Town Council and Recreation Commission to discuss Saugatucket Park improvements is received, placed on file, and the Town Council directs that a work session be scheduled for January 24^th at 6 PM. The Planning Board will be invited to participate.

L. UNANIMOUSLY VOTED: that an email dated November 8, 2021 from Ken Burke advising of his resignation from the Affordable Housing Collaborative Committee is accepted, and the Town Council directs that a letter of thanks be sent.

9. COMMENTS FROM INTERESTED CITIZENS

Council President Collins invites residents to come forward with comments.

Bob Trager comments on the importance of protecting the integrity of our election system in this country.

David Cote is present and comments on the improved EMS response time efforts, and submits and discusses alternate sites for a south station.

Councilwoman Bergner comments regarding scheduling a work session in February with the Planning Board to discuss land use.

10. TOWN MANAGER’S REPORT

The Interim Town Manager notes the Police Department will start a pilot program using body worn cameras; notes the Tax Assessor’s report regarding veterans tax exemptions; provides a COVID-19 snapshot of the Town; and notes the Initial Budget Hearing will be held on Monday, December 20^th at 7 PM.

Discussion ensues relative to steps taken by the Town with regard to the stormwater drainage issue on Dam Street, and the threat of litigation. The Town Solicitor advises that this topic could be added to this evening’s Closed Executive Session for discussion.

The Interim Town Manager advises that Horsley Witten has provided another section of the project to the Planning Department for their review. The Director of Planning notes that they are going through the editing process for that proposal and it will be discussed by the Planning Board at a Work Session in January. If they are satisfied with that they will move forward to the next section on mixed use zoning. There is a request for support of a grant application on this evening’s Agenda that will help to move this planning process forward. The Town Manager’s Interim Reports dated November 24 and December 2, 2021, and the Miscellaneous Report dated December 9, 2021 are accepted, approved and placed on file.

11. TOWN SOLICITOR’S REPORT

A. Michael Ursillo, Town Solicitor provides an update on the Town Manager search. The consultant’s brochure has been provided to the Council prior to its being made public this week. Interviews with community groups are ongoing. MRI will attend the Town Council meeting on January 10, 2022 to update the Council and provide a timeline for the process. MRI intends to hold a community session during the day at the Senior Center, and another session late in the afternoon at Town Hall.

12. APPOINTMENTS

A. UNANIMOUSLY VOTED: to reappoint Kateri Collins and to appoint Lisa-Beth Sanford to the Bicycle – Pedestrian Advisory Committee for terms to expire in July 2023.

UNANIMOUSLY VOTED: to appoint Connor Duckworth to the Waterfront Advisory Commission to fill a term to expire in June 2023.

B. UNANIMOUSLY VOTED: to appoint Ginny Paul, Dino Autiello and Philip Telford to the Town’s 300^th Anniversary Steering Committee.

C. UNANIMOUSLY VOTED: to appoint William C. Wallace as the Tree Warden for the Town of South Kingstown for 2022.

13. NEW BUSINESS

B. UNANIMOUSLY VOTED: to authorize an award of bid to Tasca Ford, 250 Webster Square Rd., Berlin, CT 06037 for four (4) 2022 Ford Utility Police Interceptor vehicles, in an amount not to exceed $150,500, including contingency, equipment transfer/installation, and trade-in allowance; and as further described in a memorandum from the Police Chief to the Interim Town Manager dated December 6, 2021 and entitled "Bid Recommendation – Police Vehicles – SK0055PD."

C. UNANIMOUSLY VOTED: to authorize the Interim Town Manager to execute a First Amendment to the Revocable License Agreement with the RI Department of Health for use of South Road School as a COVID-19 testing and vaccination distribution site through March 31, 2022; as further described in a memorandum from the Facilities Superintendent to the Interim Town Manager dated December 3, 2021 and entitled “South Road School COVID-19 Test Site Memorandum of Agreement.”

D. UNANIMOUSLY VOTED: to authorize the submittal of a grant application to the RI Department of Environmental Management for funding through the 2021 Recreation Acquisition and Development grant program, for the purpose of planned capital improvements at Old Mountain Field; and as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town Manager dated November 19, 2021 and entitled “RIDEM 2021 Recreation Acquisition and Development Grant Applications.”

E. UNANIMOUSLY VOTED: to authorize the approval of resolutions prepared by Bond Counsel, as shown as follows, authorizing the issuance of bonds and/or notes in an amount not to exceed $6,500,000 to finance the Town’s Capital Improvement Plan for FY 2020-2026 as approved by the electorate on November 3, 2020, and the issuance of bonds and/or notes in an amount not to exceed $1,000,000 to finance Neighborhood Guild improvements as approved by the electorate on November 7, 2006, and the advancement of funds from the Town treasury and the subsequent reimbursement from bond proceeds; and as further detailed in a memorandum from the Finance Director to the Interim Town Manager dated December 6, 2021 and entitled “Request for Resolution to Approve Issuance of Bonds and Reimbursements from Bond Proceeds.”

RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE ISSUANCE

OF BONDS AND/OR NOTES IN AN AMOUNT NOT TO EXCEED $6,500,000

TO FINANCE THE TOWN’S CAPITAL IMPROVEMENT PLAN FOR THE FISCAL

YEARS 2020-2026, INCLUDING, BUT NOT LIMITED TO, THE ACQUISITION, CONSTRUCTION, REPLACEMENT, REPAIR, IMPROVEMENT, FURNISHING

AND EQUIPPING OF MUNICIPAL TRANSPORTATION SAFETY AND ROAD IMPROVEMENTS, PUBLIC SAFETY INFRASTRUCTURE IMPROVEMENTS

AND OTHER MUNICIPAL PROJECTS

RESOLVED, That:

SECTION 1. Pursuant to Chapters 61/85 of the Local Acts and Resolves of 2020 and a vote of the Town electorate on November 3, 2020, an amount not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000), plus any bond premium received as part of the purchase price for the bonds, is appropriated to finance ‎the Town’s capital improvement plan for the fiscal years 2020-2026, ‎including, but not limited to, the acquisition, construction, replacement, repair, improvement, ‎furnishing and equipping of municipal transportation safety and road improvements, public ‎safety infrastructure improvements and other municipal projects (the "Project").

SECTION 2. The Director of Finance and the President of the Town Council be and hereby are authorized to issue on behalf of the Town, an amount not exceeding Six Million Five Hundred Thousand Dollars ($6,500,000) bonds of the Town, at one time, or from time to time in order to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund not exceeding $6,500,000 interest bearing or discounted notes in anticipation of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.

SECTION 4. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds may be fixed by the officers authorized to sign the bonds and notes.

SECTION 5. The said officers from time to time may apply for, contract for and expend any federal or state advances or other grants or assistance which may be available for the purposes specified in Section 1 hereof.

SECTION 6. Pending the issuance of the bonds under Section 2 hereof or pending in lieu of the issue of notes under Section 3 hereof, the Director of Finance, at the written direction of the Town Council, may expend funds from the general treasury of the Town for the purposes specified in Section 1 hereof. Any advances made under this section shall be repaid without interest from the proceeds of the bonds and notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.

SECTION 7. The Director of Finance and the President of the Town Council are also authorized, empowered and directed, on behalf of the Town, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the bonds or notes and any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this resolution in order to effectuate said borrowing and the intent hereof.

SECTION 8. The Director of Finance and the President of the Town Council are hereby authorized to take all lawful action necessary or desirable under the Internal Revenue Code of 1986, as amended (the “Code”), to insure that the interest on any bonds and notes will remain exempt from federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on such bonds and notes to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code. The Director of Finance and the President of the Town Council are further authorized to take all lawful action necessary or desirable to designate the bonds and notes as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code.

SECTION 9. This resolution confirms the Town’s declaration of official intent, pursuant to Treasury Regulation §1.150(2), to reimburse the Town for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to November 3, 2020, the date of the voter referendum approving the issuance of the bonds, but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $6,500,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 10. The Director of Finance and the President of the Town Council are authorized to take all actions necessary to comply with federal securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to execute and deliver one or more Disclosure Certificates in connection with the bonds and notes in the form as shall be deemed advisable by the Director of Finance and the President of the Town Council in order to comply with the Rule. The Town hereby covenants and agrees that it will comply with and carry out all of the provisions of the Disclosure Certificates, as they may be amended from time to time. Notwithstanding any other provision of this Resolution or the bonds or notes, failure of the Town to comply with a Disclosure Certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under the Disclosure Certificate.

SECTION 11. This resolution shall take effect upon passage.

RESOLUTION AUTHORIZING THE TOWN OF SOUTH KINGSTOWN

TO FINANCE NEIGHBORHOOD GUILD IMPROVEMENTS AND TO

ISSUE NOT MORE THAN $1,000,000 BONDS THEREFOR

RESOLVED, That:

SECTION 1. Pursuant to Chapters 389/483 of the Public Laws of 2006 and a vote of the Town electorate on November 7, 2006, an amount not to exceed One Million Dollars ($1,000,000), plus any bond premium received from purchaser of the bonds, is appropriated to finance the Town's share of the cost of both interior and exterior building renovations and improvements of the Neighborhood Guild Facility (the "Project").

SECTION 2. The Director of Finance and the President of the Town Council be and hereby are authorized to issue on behalf of the Town, an amount not exceeding One Million Dollars ($1,000,000) bonds of the Town, at one time, or from time to time in order to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund not exceeding $1,000,000 interest bearing or discounted notes in anticipation of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.

SECTION 9. This resolution is an affirmative action of the Town Council of the Town toward the issuance of bonds and notes in accordance with the purposes of the laws of the State. This resolution constitutes the Town’s declaration of official intent, pursuant to Treasury Regulation §1.150(2), to reimburse the Town for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of the referendum but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $1,000,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 11. This resolution shall take effect upon passage.

F. UNANIMOUSLY VOTED: to authorize the extension of a contract originally awarded on June 14, 2021 to 4Leaf, Inc., 132 Central Street, Suite 210, Foxborough, MA 02035 for Plan Review and Building Inspection Services on an as needed basis for up to six months, from January 1, 2022 through June 30, 2022; as further described in a memorandum from the Building Official to the Interim Town Manager dated December 3, 2021 and entitled “Contract Extension for Plan Review and Building Inspection Services.”

H. UNANIMOUSLY VOTED: to authorize the Interim Town Manager to execute a National Grid energy initiative application for an LED lighting retrofit project at the South Road Building, using the National Grid on-bill repayment option; and as further described in a memorandum from the Facilities Superintendent to the Interim Town Manager dated December 8, 2021 and entitled “Recommendation for Exterior Lighting at South Road Building.”

I. UNANIMOUSLY VOTED: to authorize an award of bid to TBNG, Incorporated – Vancord, 500 Boston Post Road, Milford, CT 06460 for town networking equipment in an amount not to exceed $213,143, including a $3,000 contingency; as further described in a memorandum from the Director of Technology to the Interim Town Manager dated December 8, 2021 and entitled “Town Network Equipment Recommendation.”

J. – K. Lance Whaley, Fire Alarm Superintendent is present and responds to questions sent to a Councilor and explains the UHF and VHF radio communications systems in use by various departments, and it is

J. UNANIMOUSLY VOTED: to reject a proposal dated September 28, 2020 from Cyber Communications, Inc., 90 Colorado Avenue, Warwick, RI 02888 for the Public Safety UHF Voice Radio Communications System, Bid #SK0006CD; as further described in a memorandum from the Fire Alarm Superintendent to the Interim Town Manager dated December 1, 2021 and entitled “Award of Contract – Public Safety UHF Voice Radio Communications System, SK0007CD.”

K. UNANIMOUSLY VOTED: to authorize an award of contract to Marcus Communications, LLC, 33 Mitchell Drive, PO Box 1498, Manchester, CT 06045 for implementation, construction, subscribers, and delivery of a turnkey UHF Simulcast System in accordance with the proposal dated March 3, 2021, in an amount not to exceed $2,692,842; and as further described in a memorandum from the Fire Alarm Superintendent to the Interim Town Manager dated December 1, 2021 and entitled “Award of Contract – Public Safety UHF Voice Radio Communications System, SK0007CD.”

L. The Director of Planning reviews the application to RI Commerce under a Site Readiness Grant Program, and it is

UNANIMOUSLY VOTED: to authorize the Interim Town Manager to send a letter on behalf of the Town Council in support of the grant application to RI Commerce associated with the Town’s initiative to solicit and retain the services of a professional planning / design / legal team through a formal Request for Proposals to guide the community through a process of workshops, design charrettes, outreach and education to assist in the development of regulations that promote innovative, context-sensitive design for new development and re-development in Peace Dale and Wakefield; as further described in a memorandum from the Planning Director to the Interim Town Manager dated December 7, 2021 and entitled “Rhode Island Commerce – Site Readiness Grant Program.”

M. Russell Partridge, Executive Director is present and discusses the WARM Center’s acquisition of the Welcome House emergency shelter in Peace Dale, and it is

UNANIMOUSLY VOTED: to authorize the submission of an amended Community Development Block Grant (CDBG) Affordable Housing application to the RI Office of Housing & Community Development requesting an increase of $80,166 in the project budget for Contract #20/32/36 from $309,884 to $390,050 for the purpose of supporting the Westerly Area Rest Meals (WARM) Center’s acquisition of the Welcome House emergency shelter located at 8 and 22 North Road in Peace Dale; and as further described in a memorandum from the Senior Planner to the Interim Town Manager dated December 9, 2021 and entitled “WARM Request for Amendment to CDBG Grant.”

N. UNANIMOUSLY VOTED: to accept the transfer of ownership of Ram Point Marina, Inc. to TS-Grove Pt Marinas Asset Funding, LLC, 251 Little Falls Drive, Wilmington, DE 19808 under the existing Marina Park property leases dated July 1, 2021 between the Town of South Kingstown and Ram Point Marina, Inc., with the exact terms and conditions therein; and as further detailed in a memorandum from the Interim Town Manager to the Town Council dated December 8, 2021 and entitled “Transfer of Marina Park Lease – Ram Point Marina.”

O. 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, July 26, 2021, August 10, 2021, September 13, 2021, October 25, 2021, and November 8, 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, and June 10, July 9, August 6, and September 30, 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, and May 24, June 28, July 26, August 10, September 13, 2021, October 25, 2021 (retroactive to October 12, 2021), and November 8, 2021.

Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 211 further supplemental emergency declarations (as of December 3, 2021) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On November 24, 2021, Governor McKee issued Executive Order 21-112 further extending the state of emergency to December 23, 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 December 13, 2021 to January 10, 2022. 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 remain in full force and effect until January 10, 2022 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 December 23, 2021, this Ordinance shall expire on that date.

New Business Item 13P is deferred until after the Closed Executive Session.

14. CLOSED EXECUTIVE SESSION

A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 9:20 PM pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: Interim Town Manager; pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public; and pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation.

Regular Session is reconvened at 10:55 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: Interim Town Manager; pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public; and pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation.

13 P. Discussion ensues relative to the proposed amendments to the Temporary Town Manager’s Contract. Councilwoman Bergner speaks against the terms of the contract, Council Vice President McEntee speaks in favor, Council President Collins speaks in support, and Councilwoman Kelso thanks the Interim Town Manager for her dedication, and it is

VOTED: to approve a Temporary Town Manager Employment Contract; as further described in a memorandum from the Town Solicitor to the Town Council dated December 8, 2021 and entitled “Manager’s Contract,” with amendments as proposed except that the contract term will extend to March 13, 2022.

Councilwoman Bergner voted no.

UNANIMOUSLY VOTED: to adjourn at 11:01 PM.

Susan M. Flynn, CMC

Town Clerk