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WORK SESSION
JANUARY 25, 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 25th day of January 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. INTERVIEWS 
The Town Council interviews Andrew Martinez relative to his interest in being reappointed to the Historic District Commission.
The Town Council interviews Michael Joyce relative to his interest in being reappointed to the Building Code and Minimum Housing Code Boards of Appeals.
1. B. WORK SESSION
Discussion ensues relative to the Public Hearing on this evening’s Agenda relative to adoption of the proposed FY 2021-2022 to FY 2026-2027 Capital Improvement Program (CIP). It is noted that in the Public Safety – Fire Alarm Division the Prism Digitizers were already purchased in September due to critical equipment failure and the appropriation will replenish those funds, and in the Town Hall Facility Improvement Program funding for a facilities vehicle is listed incorrectly and should be the first installment for the second truck.
Discussion ensues relative to the Town Council’s group and individual Town email addresses, and the use of them for contacting members. These are considered official communications under the Open Meetings Act.
Discussion ensues relative to Communication Item 8A advising that the South Kingstown Regional Wastewater Treatment Facility has been awarded a 2020 Regional EPA Wastewater Treatment Plant Operation and Maintenance Excellence Award, and offering a virtual public presentation of the award.
The Town Manager discusses the Flag Report in relation to the Town budget; the Recreation Department revenues have been impacted.
Discussion ensues relative to New Business Item 12A, a resolution concurring with the South Kingstown School Committee’s decision to submit a Necessity of School Construction application for assistance (Stage I and Stage II application) to the Rhode Island Department of Education.
Discussion ensues relative to New Business Item 12B authorizing the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic that would expand parking along Green Hill Beach Road.
Discussion ensues relative to New Business Item 12D authorizing the Tax Assessor to abate taxes in the total amount of $24,701.38 for Tri County Community Action.
Discussion ensues relative to New Business Item 12F authorizing an award of contract to Newport Appraisal Group, 221 Third Street, Newport, RI 02840 for real estate appraisal services for Town Farm Park.
Discussion ensues relative to New Business Item 12G authorizing an award of bid to Gervais Ford Fleet, 5 Littleton Road, Ayer, MA 01432 for a 2021 Ford F350 with lift gate.
Discussion ensues relative to New Business Item 12H authorizing an additional one-year extension of an initial five (5) year lease between the Town of South Kingstown and Bruce Thunberg d/b/a Twin Peaks Land and Cattle Company, to farm an approximately 22 acre parcel of property known as the Town Beach Agricultural Field.
Discussion ensues relative to New Business Item 12I extending the Town’s Declaration of Emergency.
Discussion ensues relative to New Business Item 12J adopting Executive Order 2020-09 (Ninth Amendment) relative to gathering limitations and travel restrictions.
Discussion ensues relative to the public having the opportunity to comment on the School Facilities Plan during the section for “Comments From Interested Citizens” rather than under New Business Item 12A.
Discussion ensues relative to the Facilities vehicle information being corrected as a scrivener’s error in the Capital Improvement Program.
Discussion ensues relative to the CIP proposed Affordable Housing contribution.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
JANUARY 25, 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 25th day of January 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.
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 Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on January 5, January 11 and January 13, 2021 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on January 11, 2021 are accepted, approved and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
6. LICENSES
(CA) 6A. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:
KCW Bagels III, LLC d/b/a Providence Bagel, 99 Fortin Road, Kingston, RI 02881. Application by Chris Wietecha, Member. License No. 63335.
Kingstown Road Coffee LLC d/b/a Bess Eaton, 621 Kingstown Road, Wakefield, RI 02879. Application by Mary Haverly, Member. License No. 59290.
(CA) 6B. UNANIMOUSLY VOTED: to grant Victualling Licenses to the following; Renewals.
Caf Bar, LLC d/b/a Caf Bar, 119 Main Street, Wakefield, RI 02879. Application by Elias Boutros, Member. License No. 65906.
DE Foods, Inc. d/b/a Kentucky Fried Chicken, 139 Old Tower Hill Road, Wakefield, RI 02879. Application by David Evans, President. License No. 64336.
(CA) 6C. UNANIMOUSLY VOTED: to grant a Holiday Sales License to Critter Hut, Inc. d/b/a Critter Hut Aquarium & Pets, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Jeffrey Champlin, President; Renewal. License No. 66088.
(CA) 8B. UNANIMOUSLY VOTED: that an email dated January 12, 2021 from Michelle Flippin seeking information on the high school renovation proposal is received, placed on file, and referred to the School Superintendent.
(CA) 8C. UNANIMOUSLY VOTED: that emails concerning submission of the Stage II application to the RI Department of Education for funding of school facilities improvements from the following are received and placed on file: Lauren M. Weinstock, Jeanine Silversmith, Diane O’Brien, Christine Byrne, Chris Hubbard, and Judith Warburton.
(CA) 8D. 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) 12C. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $1,123.92, as shown on Tax Abatement Request No. 579.
(CA) 12K. 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.”
7. PUBLIC HEARING
Notice having been duly given, a Public Hearing is held relative to adoption of the proposed FY 2021-2022 to FY 2026-2027 Capital Improvement Program (CIP).
The Town Manager gives a presentation, noting that the proposed program is less than last year’s CIP, with the exception of long term debt. The Matunuck Seawall Protection Project and the Town-wide radio project will be funded from the bond approved by the voters at the November General Election.
Discussion ensues relative to funding for the sewer work necessitated by the School Facilities Plan. That may be paid for by balancing the school operating budget rather than from Capital funds in FY 2023-2024.
The Town Manager notes that purchase of the Prism Digitizer at the Public Safety Complex has been moved forward due to failure of the equipment, it was an emergency purchase made in September and the appropriation will replenish those funds. The reference to the truck for the Facilities Superintendent should be the first installment on the second truck: this will be corrected as a scrivener’s error.
Discussion ensues relative to funds from the Property Tax Transfer to the School Fund going into the School’s CIP reserve fund and being restricted for that use.
Jennifer Krueger, member of the Affordable Housing Collaborative Committee is present and comments with regard to CIP funding of the Affordable Housing Trust Fund, suggesting that funding for Open Space be reallocated to Affordable Housing.
Jesus de la Torre is present and comments on affordability of housing in Town.
Fil Eden is present and comments on prioritizing investments in affordable housing.
Mwangi Gitahi is present and comments that families whose ancestors helped build the Town are being displaced due to housing costs.
Sarah LeClair is present and comments on addressing affordable housing issues now.
Taylor Ellis is present and comments on funding the Affordable Housing Trust and making zoning changes to facilitate more affordable housing.
Dorald Beasley is present and comments on ending open space funding and putting that money toward affordable housing.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt the FY 2021-2022 to FY 2026-2027 Capital Improvement Program as presented, as follows:
FY 2021-2022 to FY 2026-2027 Capital Improvement Program
8. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that a letter dated January 8, 2021 from Justin Pimpare, EPA Regional Pretreatment Coordinator, Municipal Assistance Unit advising that the South Kingstown Regional Wastewater Treatment Facility has been awarded a 2020 Regional EPA Wastewater Treatment Plant Operation and Maintenance Excellence Award, and offering a virtual public presentation of the award is received, placed on file, and the Town Council directs staff to determine a date for presentation.
9. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
Bob Hicks is present and comments in favor of authorizing a bond vote for the School Facilities Plan.
Joe Viele is present and comments that concerns about the current Stage II application for School Facilities improvements should be addressed before an application is submitted to RIDE for approval.
Mary-Gail Smith is present and comments that this is not the right time for such a large school facilities project.
Tara Apperson is present and comments on the need to improve school facilities and the window of opportunity for state reimbursement.
Greg Sweet is present and comments against submitting the Stage II application.
Jacy Northup is present and comments in support of submitting the Stage II application, and putting it to a bond vote.
April Ewing is present and questions the abandonment of the High School on Columbia Street.
Discussion ensues regarding the process of submitting an application to RIDE for approval of the facilities plan and then holding a bond referendum for voters to decide whether to approve funding for the project.
April Ewing reads a prepared letter opposing the Stage II application.
Erin Huggins is present and comments in favor of submitting the Stage II application.
Raissa Mosher is present and comments that RIDE considers the vote of the School Committee and Town Council as support by the community. If the bond referendum passes, once the process is in Stage III you can’t go back to Columbia Street.
Dorald Beasley discusses school funding and enrollment.
Henry Thayer is present and comments that the High School building is very well built, it needs work for much less than $85 million.
Cadence Hansen is present and asks about the timeline, and comments that housing costs are moving people out of town, and an $85 million bond will raise the cost of living here.
Emily Cummiskey is present and comments that $85 million worth of deficiencies need to be addressed throughout the school facilities, the School Committee wants to spend tax dollars efficiently.
Paula Bradley is present and comments that the Town is pushing the wrong plan forward.
Christian Blaney is present and supports submitting the Stage II application and going to a voter referendum.
David Palazzetti is present and comments that the Town should pause, develop a new plan, there is not town-wide support for this project.
Jen Bates is present and comments that Curtis Corner Middle School is falling apart, this is an incomplete project.
Karen Humes is present and comments that a bond vote will be contentious and divisive; people are leaving town because of education, not buildings.
Greg Sweet comments that cost overruns will fall to the taxpayers.
Henry Huggins is present and comments in support of submitting the school facilities plan and holding a bond referendum vote.
Doral Beasley comments that it would cost $115 million for a brand new high school at Curtis Corner.
Kim Rielly is present and comments in support of the school plan.
Cadence Hansen comments that the High School on Columbia Street is a bomb/hurricane shelter and emergency shelter, it is structurally sound.
Christie Fish is present and comments in support of the school facilities plan, noting that teachers will be brought in for discussion during Stage III.
Ann Hazelwood is present and comments that we have to consider if this plan is the best deal for our money.
Dorald Beasley comments that the cost allowances do not meet minimum requirements of the School Building Authority.
10. TOWN MANAGER’S REPORT
The Town Manager reviews the Flag Report, noting how the Recreation Program has been impacted by COVID. Theresa Murphy, Director of Leisure Services reviews the financial impacts, noting the Community Recreation Center revenues are down about $30,000, the Neighborhood Guild is supported by Trust funds and they haven’t been able to run their usual programs, and the General Fund revenues are down about 14%. Zachary Saul, Finance Director notes that the General Fund revenue is never expected to support the entire program.
The Town Manager notes there are two email systems to contact Town Council members, an automatic response will be sent out by the group email address towncouncil@southkingstownri.com, or the members can be reached at individual accounts listed by their first initial, last name @ southkingstownri.com. The Town Manager’s Interim Report dated January 14, 2021, and the Miscellaneous Report dated January 21, 2021 are accepted, approved and placed on file.
11. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint Michael Joyce to the Building Code and Minimum Housing Code Boards of Appeals for a term to expire in June 2025, and to reappoint Andrew Martinez to the Historic District Commission for a term to expire in December 2023.
12. NEW BUSINESS
A. A resolution is considered to concur with the South Kingstown School Committee’s decision to submit a Necessity of School Construction application for assistance (Stage I and Stage II application) to the Rhode Island Department of Education as presented by the School Committee and its consultant, Robinson Green Beretta Corporation, at a joint Town Council and School Committee Work Session held on January 20, 2021.
Councilwoman Rose comments that this is not an easy decision. To ensure the integrity of the democratic process the Council should approve the application submittal and let the voters decide.
Councilwoman Bergner comments that emails indicate a lot of concerns, school buildings need to be repaired. She expresses concern about teachers sharing space, this project is our maximum borrow plus CIP funding, there are scant details on operational savings. Stop and pause and make the right plan. This is the wrong plan at the wrong time at the wrong price.
Council Vice President McEntee discusses operational savings, the cost of living here is impacted by tax increases. We need to improve our schools, we risk losing state reimbursement if we don’t move forward. The question should be decided by the voters at a bond referendum.
Councilwoman Kelso comments that there have been sixty School Building Committee meetings since December 2018, there was a comment period at each meeting, and meetings were moved to evenings to allow more public participation. She is a proponent of sending the Stage II application to RIDE, and a proponent of the democratic process. The voters should decide.
Discussion ensues relative to operational savings: they have documented $200,000 in hard savings, plus reductions in staffing based on enrollment.
Councilwoman Kelso calls for the question to be voted on.
Council President Collins speaks regarding the history of school facilities renovations plans and expresses support for moving this forward to RIDE.
A roll call vote is taken, and it is
VOTED: to concur with the South Kingstown School Committee’s decision to submit a Necessity of School Construction application for assistance (Stage I and Stage II application) to the Rhode Island Department of Education as presented by the School Committee and its consultant, Robinson Green Beretta Corporation, at a joint Town Council and School Committee Work Session held on January 20, 2021. And further authorizing the Town Manager to execute any documents necessary to effectuate the submission of relevant application materials.
Councilwoman Bergner voted no.
B. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows:
Chapter 10 Motor Vehicles and Traffic
Article II. Stopping, Standing and Parking
Sec. 10-52. Prohibited at any time.
No person shall stop, stand or park a vehicle on any of the following streets or portions of streets at any time, except to avoid conflict with other traffic:
* * *
Green Hill Beach Road.
(1) The easterly and westerly sides from the town's right-of-way in a northerly direction to the intersection of Matunuck School House Road, a distance of 1.1 miles except as provided in subsection (2) of this amendment.
(2) Parking is allowed on the westerly side between 8:00 a.m. and 8:00 p.m. from NEC Pole No. 2335 the intersection of Green Hill Ocean Drive and Green Hill Beach Road in a northerly direction for a distance of one hundred seventy-five (175) two hundred twenty-five (225) feet ending at a point adjacent to the northern boundary of Lot No. 89. Parallel parking is authorized except in front of the twenty-five-foot driveway entrance to Lot No. 87, also known as Surfside Parking Lot.
Towing authorized at discretion of police department.
* * *
This Ordinance shall take effect upon passage.
It is consensus to notify abutting property owners and schedule this for hearing on February 22, 2021.
UNANIMOUSLY VOTED: to continue the meeting past 11:00 PM.
D. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $24,701.38, as shown on Tax Abatement Request No. 580.
E. UNANIMOUSLY VOTED: to authorize an award of bid to MTE Turf Equipment Solutions, 33 Thruway Park Drive, New Milford, CT 06776 for the purchase of one 2021 Jacobsen HR600 wide area mower in accordance with all bid specifications in an amount not to exceed $49,017, including a trade allowance of $13,000; and as further described in a memorandum from the Park Superintendent to the Town Manager dated January 7, 2021 and entitled “Bid Recommendation, Wide Area Mower.”
F. Discussion ensues, and it is
UNANIMOUSLY VOTED: to authorize an award of contract to Newport Appraisal Group, 221 Third Street, Newport, RI 02840 for real estate appraisal services in accordance with all bidding specifications, in the amount of $10,500; and as further described in a memorandum from the Leisure Services Director to the Town Manager dated January 19, 2021 and entitled "Recommendation for Bid Award – Town Farm Park Appraisal Services.”
G. UNANIMOUSLY VOTED: to authorize an award of bid to Gervais Ford Fleet, 5 Littleton Road, Ayer, MA 01432 for a 2021 Ford F350 with lift gate in an amount not to exceed $32,417, including trade-in; and as further described in a memorandum from the Public Services Director to the Town Manager dated January 14, 2021 and entitled “Bid Recommendation: One (1) Ton Pickup with Lift Gate.”
H. UNANIMOUSLY VOTED: to authorize an additional one-year extension of an initial five (5) year lease between the Town of South Kingstown and Bruce Thunberg d/b/a Twin Peaks Land and Cattle Company, 501 Matunuck School House Road, Wakefield, RI 02879 to farm an approximately 22 acre parcel of property, from December 2020 through December 31, 2021, at the annual fee of $2,500. Said property being a portion of A.P. 92-2, Lot 39 as further identified on Town of South Kingstown GIS map #PL14-76 dated 12/14; and as further described in a memorandum from the Director of Planning to the Town Manager dated November 19, 2020 and entitled “Town Beach Agricultural Field Lease.”
I. 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 and January 11, 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, and January 19, 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, and January 11, 2021.
Since the Council’s declaration of emergency, Governor Raimondo has issued 116 further supplemental emergency declarations (as of January 20, 2021) relating to the COVID-19 pandemic, and circumstances have continued to be dire both locally, statewide, and nationwide. On January 19, 2021, Governor Raimondo issued Executive Order 21-06 further extending the state of emergency to February 17, 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 January 25, 2021 to February 22, 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 Town Manager to take any and all actions deemed necessary to address the ongoing emergency. The 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 February 22, 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 Governor Gina Raimondo on or before February 17, 2021, this Ordinance shall expire on that date.
J. UNANIMOUSLY VOTED: to adopt Executive Order 2020-09 (Ninth Amendment) relative to gathering limitations and travel restrictions, as follows:
Emergency Management Director
Executive Order 2020-09 (Ninth Amendment)
WHEREAS, on March 9, 2020, the State of Rhode Island Governor Gina M. Raimondo issued Executive Order 20-02 declaring a state of emergency due to the outbreak of COVID-19; and the Town Council of the Town of South Kingstown declared a state of emergency through an emergency ordinance enacted on March 15, 2020, and extended through February 22, 2021 to deal with the COVID-19 pandemic; and
WHEREAS, social distancing is the most effective and important tool available to combat the spread of the pandemic;
NOW THEREFORE, the following emergency measures are hereby enacted:
- Gathering limitations must be pursuant to and in accordance with any current or future executive order(s) issued by the Governor of the State of Rhode Island (“the Governor”). At the time of this Executive Order issuance, such limitations are as detailed in the Governor’s Executive Order 20-108, as extended by Executive Order 21-05 and as amended by Executive Order 21-07.
- Resident, Non-Resident, and Seasonal Resident travel, travel restrictions and self-quarantine requirements must be pursuant to and in accordance with any current or future executive order(s) issued by the Governor. At the time of this Executive Order issuance, such restrictions and requirements are as detailed in the Governor’s Executive Order 20-108, as extended by Executive Order 21-05 and as amended by Executive Order 21-07.
- All Short-Term Lodging owners and operators shall inform their guests when making reservations and upon guest arrival of the aforementioned travel restrictions and self-quarantine requirements, and that if self-quarantine requirements are applicable, guests must remain on the Short-Term Lodging property for the duration of their stay, or for the duration of their required self-quarantine timeframe, whichever timeframe is shorter. All owners and operators of Short-Term Lodging facilities must arrange delivery service for their self-quarantined guests during the effective period, so that guests are not required to leave the Short-Term Lodging for food or other essentials. For purposes of this emergency ordinance, “Short-Term Lodging” is lodging of thirty (30) days or fewer, including, but not limited to, lodging in hotels, inns, and motels, and owners and operations taking reservations through online rental platforms such as Airbnb.
- Any violation of any provision of this executive order is punishable by a fine not exceeding five hundred dollars ($500), with every day a violation continues considered a separate violation.
The South Kingstown Police Department is authorized to enforce these regulations in accordance with state directives and the Emergency Management statute.
To the extent that any provision in this order is inconsistent with any executive order issued by the Governor of the State of Rhode Island for dealing with COVID-19, the executive order of the Governor shall supersede this order and govern in its stead.
This executive order 2020-09 shall remain in effect until February 22, 2021 or the expiration of the State declaration of emergency, whichever is sooner. This executive order 2020-09 may be further extended if necessary by a subsequent executive order.
UNANIMOUSLY VOTED: to adjourn at 11:25 PM.
Susan M. Flynn, CMC
Town Clerk