WORK SESSION

 

JUNE 28, 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 28^th day of June 2021 at 6:30 PM.

 

            PRESENT:     Abel G. Collins, President

Rory H. McEntee, Vice President

                                    Deborah D. Bergner

                                    Deborah J. Kelso

                                    Jessica L. Rose

 

 

1.         A.        PRESENTATION

 

A presentation is given by Cecilia Doucette, cofounder of “Massachusetts for Safe Technology,” regarding the risks of wireless technology and microwave radiation. Ms. Doucette discusses the short- and long-term health effects of electromagnetic sensitivities, the planetary impact of wireless technology, and the points of emissions. The industry is regulated by the Federal Communications Commission (FCC). The group Rhode Islanders for Safe Technology is advocating for the installation of broadband fiber to the premises.   

 

1.         B.        WORK SESSION

 

Discussion ensues relative to New Business Item 11C authorizing the Emergency Medical Services Department to accept grant funding in the amount of $40,000 from the Rhode Island State Office of Rural Health to support implementation of the Community Para-medicine Program in the Town of South Kingstown.

 

Discussion ensues relative to New Business Item 11D authorizing the abatement of uncollectible tangible/personal property taxes for 2010 in the amount of $4,865.24; and uncollectible motor vehicle taxes for 2010 in the amount of $46,023.90 for a combined total of uncollectible taxes in the amount of $50,889.14.

 

Discussion ensues relative to New Business Item 11E authorizing an award of bid to Tasca Ford, 250 Webster Square Road, Berlin, CT 06037 for one (1) 2021 Ford XLT Explorer 4WD vehicle, in accordance with State of RI MPA #563, in an amount not to exceed $38,000, including contingency and allied police equipment up-fitting.

 

Discussion ensues relative to New Business Item 11G authorizing an award of bid for Drainage/ Concrete Curb/ Retaining Wall Materials.

 

Discussion ensues relative to New Business Item 11H authorizing an award of bid for miscellaneous road building materials.

 

Discussion ensues relative to New Business Items 11I, J and K authorizing awards of bid to Republic Services, 1080 Airport Road, Fall River, MA 02720 for the Regular Refuse Disposal and Recycling Package, Sludge Transportation, and the Grit Package.

 

Discussion ensues relative to New Business Item 11L authorizing an amendment to an award of bid originally granted on June 12, 2017 to UniFirst Corporation, 33 Lambert Lind Highway, Warwick, RI 02888 for Uniform Leasing Services.

 

Discussion ensues relative to New Business Items 11M, N and O approving leases of municipal waterfront property at Marina Park on Salt Pond Road to Marina Park Associates, Inc. and Ram Point Marina, Inc. for the operation of marinas, and with Ram Point Marina for associated riparian rights.

 

Discussion ensues relative to New Business Item 11P authorizing tax collection procedures for fiscal year 2021-2022.

 

Discussion ensues relative to New Business Item 11Q authorizing an extension of an award of contract granted May 14, 2018 to Minnesota Life for life insurance for Town employees.

 

Discussion ensues relative to New Business Item 11R appointing a Council member to serve as the Town Council representative on the South Kingstown – Narragansett Senior Advisory Council, and directing the Town Clerk to advertise for applications from interested South Kingstown residents over the age of 60, to serve as citizen members.

 

Zachary Saul, Finance Director discusses New Business Item 11S authorizing year end reserve fund transfers.

 

Discussion ensues relative to New Business Item 11T supporting the Town of South Kingstown’s submission of an application to the Southeast New England Program Network for in kind professional services related to the Saugatucket Park Improvement Project.

 

Discussion ensues relative to New Business Item 11W authorizing the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Zoning Ordinance, Article 5 Supplementary Regulations that would add a new Section 502.7 entitled Cottage Community.

 

Jon Schock, Director of Public Services briefly reviews his memo dated June 15, 2021 regarding outside water restrictions.

 

Convened to Regular Session.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

 

REGULAR SESSION

 

JUNE 28, 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 28^th day of June 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 Session:  UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on June 14 and June 15, 2021 are accepted, approved and placed on file.

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on June 14, 2021 are accepted, approved and placed on file.

 

C.        Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on June 14, 2021 are accepted.

 

5.         CONSENT AGENDA

 

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

 

(CA)    6C.      UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Richard Paolo Realty d/b/a The Original Vanilla Bean, 757 Matunuck Beach Road, Wakefield, RI 02879.  Application by Richard Paolo, Owner; Renewal. License No. 61740.

 

 

(CA)    6D.      UNANIMOUSLY VOTED: to grant a Victualling License to Daddy’s Bread, 805 Moonstone Beach Road, Wakefield, RI 02879. Application by Jennifer Manzo; Renewal. License No. 59125.

 

(CA)    6E.       UNANIMOUSLY VOTED: to grant a Tourist Accommodations – Trailer Park License to Matunuck Beach Trailer Association, Inc., 811 Matunuck Beach Road, Wakefield, RI 02879 for 22 spaces only. Application by Kathy Lynne Laplante, Treasurer; Renewal. License No. 59469.

 

(CA)    7B.      UNANIMOUSLY VOTED: that an email dated June 12, 2021 from Peter Stickney requesting handicapped accessibility to the Rose Hill Transfer Station book collection is received, placed on file and referred to the Director of Public Services.

 

(CA)    7C.      UNANIMOUSLY VOTED: that an email dated June 14, 2021 from David Smith providing the South County Bike Path Update #45 is received and placed on file.

 

(CA)    7D.      UNANIMOUSLY VOTED: that an email dated June 16, 2021 from James Lathrop requesting consideration of Public Art at the Hazard Memorial Garden as a possible use for COVID funds is received, placed on file and referred to the Town Manager.

 

(CA)    7E.       UNANIMOUSLY VOTED: that a resolution adopted June 21, 2021 by the East Greenwich Town Council observing the month of June as Pride Month is received and placed on file.

 

(CA)    7F.       UNANIMOUSLY VOTED: that emails from Peter Aleff, Stephen Dahl, Cecelia Doucette and Chris Soeller concerning the dangers of wireless technology radiation and the presentation scheduled for June 28, 2021 are received and placed on file.

 

(CA)    7G.      UNANIMOUSLY VOTED: that emails from the following concerning the AFL-CIO mailer investigation are received and placed on file: Paula Bradley, Robert Casci, Lou Chrostowski, Jeff Clark, Matthew Crook, Michelle Flippin, Lisa Herbert, and Brian Macinanti.

 

(CA)    7H.      UNANIMOUSLY VOTED: that emails dated June 13 and June 14, 2021 from Lauren Weinstock on behalf of the Friends of SK Schools in response to the School Superintendent’s statement regarding the release of student data are received and placed on file.

 

(CA)    7K.      UNANIMOUSLY VOTED: that emails from John Rhoat, Charles T. Hall, and April Ewing calling for dismissal of the School Superintendent are received and placed on file.

 

(CA)    7L.       UNANIMOUSLY VOTED: that emails from the following in support of the School Superintendent are received and placed on file: Michael Alper, Lisa Alves, Melissa Borgia, Lauren Carey, Neile DiNitto, Rebecca Duff, Nicole Duquette, Rhonda Jackson, Kerry McGuirl, Scott and Christine Palmieri, Caighln Perrin, Kory Romanat, Lorraine Simmons, Nicole Simpson, Kirstin Stahl, Kathleen Takata, Melissa Taylor, Kim Whitaker, and Ania Zielinski.

 

(CA)    7N.      UNANIMOUSLY VOTED: that a letter dated June 22, 2021 from Rex Eberly, Interim Director of Parks and Recreation providing an invitation to the Independence Day celebration at Old Mountain Field on Sunday, July 4, 2021 is received and placed on file.

 

(CA)    7P.       UNANIMOUSLY VOTED: that an email dated June 23, 2021 from Brian Macinanti regarding data security concerns as a result of the AFL-CIO mailer is received and placed on file.

 

(CA)    7Q.      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)    11A.    UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:

 

CLASS B VICTUALLER LIQUOR LICENSE

 

Application for a Class B Victualler Liquor License by Taj, LLC d/b/a Taj Indian Restaurant and Bar, 49 South County Commons Way, Building 7, first floor, Wakefield, RI by Devendra Khadka, Member for the bar and dining areas; and as further defined in a site plan on file in the Town Clerk’s office.

 

(CA)    11B.    UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $2,349.56, as shown on Tax Abatement Request No. 588.

 

(CA)    11F.     UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing to consider proposed amendments to Police Department Standing Order 430.23 Evidence/Property Collection and Preservation; as further described in a memorandum from the Police Chief to the Interim Town Manager dated June 17, 2021 and entitled “430.23 – Evidence/Property Collection and Preservation – Amendments to Standing Order.”

 

(CA)    11X.     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.        Attorney John Kenyon is present on behalf of the applicant, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Victualling License to Taj, LLC d/b/a Taj Indian Restaurant and Bar, 49 South County Commons Way, Wakefield, RI 02879 subject to approval by the RI Department of Health, issuance of a retail sales tax permit by the RI Division of Taxation, and approval by the Fire Marshal. Application by Devendra Khadka, Member; New. License No. 70907.

 

B.        The applicant is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to New Wave Kitchen, LLC d/b/a New Wave Kitchen, 99 Fortin Road, Unit 108, Kingston, RI 02881 subject to approval by the RI Department of Health, issuance of a sales tax permit by the RI Division of Taxation, and approval by the Fire Marshal.  Application by Matthew Reagan, Member; New.  License No. 71265.

 

7.         COMMUNICATIONS

 

A.        UNANIMOUSLY VOTED: that a resolution adopted June 9, 2021 by the Burrillville Town Council and School Committee requesting the Governor, RI Department of Health and RI Department of Education to review policies and remove mandatory mask requirements for school children is received and placed on file.

 

I.          UNANIMOUSLY VOTED: that a letter dated June 16, 2021 from Josh Daly tendering his resignation from the Affordable Housing Collaborative Committee is accepted, and the Town Council directs that a letter of thanks be sent along with congratulations on his appointment to the Planning Board.

 

J.         Discussion ensues relative to First Amendment rights and defamation, and it is

 

UNANIMOUSLY VOTED: that an email dated June 16, 2021 from Bethany L. Pollack requesting the Town establish guidelines for the behavior of elected officials on public platforms and social media is received and placed on file.

 

M.        UNANIMOUSLY VOTED: that a letter dated June 22, 2021 from Lauren Weinstock tendering her resignation from the Statistical Modeling and Analytic Research Tools (SMART) Committee is accepted, and the Town Council directs that a letter of thanks be sent.

 

O.        UNANIMOUSLY VOTED: that a letter dated June 23, 2021 from David J. Palazzetti, Chair, Recreation Commission and Larry Fish, Chair, Economic Development Committee requesting a joint work session with the Town Council to discuss a vision for revitalization of the Saugatucket River and Park is received, placed on file and the Interim Town Manager is directed to schedule a joint Work Session on July 12 or July 26, 2021.

 

8.         COMMENTS FROM INTERESTED CITIZENS

 

Council President Collins invites residents to come forward with comments.

 

Stephen Dahl thanks the Town Council for allowing the wireless technology presentation.

 

Greg Sweet comments on a property on Branch Street, the School Superintendent’s resignation and the use of COVID stimulus funds for infrastructure. 

 

Jim Vasques comments on major land development projects on Oak Street near his home and the handling of public comments at the Planning Board meeting held the previous week.

 

Susan Axelrod comments on the loss of parking near Kingston Free Library due to reconstruction at URI, and that the empty lot north of the Library may not be available for use as a parking lot.

 

Kevin Sullivan comments on continuing the AFL-CIO mailer investigation, hiring a Superintendent, filling the School Committee vacancy and School Building Committee appointments.  

 

Joslin Leasca comments on continuing the AFL-CIO mailer investigation, data breach concerns, and how data is protected by the Town.

 

Greg Sweet comments on the legal costs associated with the continuing investigation.

 

Kevin Sullivan comments on the availability of this evening’s presentation.

 

Councilwoman Bergner comments on the need to do a complete investigation regarding the mailer.

 

UNANIMOUSLY VOTED: to add filling the vacancy on the School Committee to the Agenda for discussion. The Town Solicitor reviews the Town Council’s options, and advises to place an item on the next Agenda so the Council can take action.

 

Council President Collins comments on South Kingstown High School’s graduation ceremony.  

 

9.         TOWN MANAGER’S REPORT

 

Theresa Murphy, Interim Town Manager advises that staff will contact URI regarding the effects of reconstruction on parking at the Kingston Free Library; a work session is set for June 29^th to review applications from non-profit agencies for American Rescue Plan stimulus funding; a Public Hearing will be scheduled for July 12^th or July 26^th to adopt the Town’s funding plan; the Council meeting on July 12^th will be held both in person and virtually; and the Town’s Fourth of July celebration and fireworks display is set for Sunday at Old Mountain Field. The Town Manager’s Interim Report dated June 17, 2021, and the Miscellaneous Report dated June 24, 2021 are accepted, approved and placed on file.

 

10.       APPOINTMENTS – None

Discussion ensues relative to appointments, and it is

UNANIMOUSLY VOTED: to add the School Committee vacancy to the Agenda for discussion. Discussion ensues relative to soliciting applications from the public, and other options for making an appointment. It is consensus to invite the School Committee Chair and Vice Chair to the next meeting for discussion of an appointment. 

 

11.       NEW BUSINESS

 

C.        UNANIMOUSLY VOTED: to authorize the Emergency Medical Services Department to accept grant funding in the amount of $40,000 from the Rhode Island State Office of Rural Health to support implementation of the Community Paramedicine Program in the Town of South Kingstown; as further described in a memorandum from the Chief of EMS to the Interim Town Manager dated June 10, 2021 and entitled “Grant Funding from the RI State Office of Rural Health to support Community Paramedicine program in South Kingstown.”

 

D.        UNANIMOUSLY VOTED: to authorize the abatement of uncollectible tangible/personal property taxes for 2010 in the amount of $4,865.24; and uncollectible motor vehicle taxes for 2010 in the amount of $46,023.90 for a combined total of uncollectible taxes in the amount of $50,889.14; as further described in a memorandum from the Finance Director to the Interim Town Manager dated June 15, 2021 and entitled “Abatement of Uncollectible 2010 Motor Vehicle and Tangible Taxes.”

 

E.         UNANIMOUSLY VOTED: to authorize an award of bid to Tasca Ford, 250 Webster Square Road, Berlin, CT 06037 for one (1) 2021 Ford XLT Explorer 4WD vehicle, in accordance with State of RI MPA #563, in an amount not to exceed $38,000, including contingency and allied police equipment up fitting; as further described in a memorandum from the Police Chief to the Interim Town Manager dated June 16, 2021 and entitled "Award Recommendation – Police Administrative Vehicle."

 

G.        UNANIMOUSLY VOTED: to authorize an award of bid for Drainage/ Concrete Curb/ Retaining Wall Materials to the following bidders at the unit prices bid; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated June 21, 2021 and entitled “Bid Recommendation – Drainage/Concrete Curb/Retaining Wall Materials.”

 

 

H.        UNANIMOUSLY VOTED: to authorize an award of bid for miscellaneous road building materials to the following bidders at the unit prices; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated June 21, 2021 and entitled “Bid Recommendation – Road Building Materials.”

 

 

 

I.          UNANIMOUSLY VOTED: to authorize an award of bid to Republic Services, 1080 Airport Road, Fall River, MA 02720 for the Regular Refuse Disposal and Recycling Package at the unit costs per pickup bid, for the period July 1, 2021 through June 30, 2023; and as further detailed in a memorandum from the Public Services Director to the Interim Town Manager dated June 22, 2021, and entitled “Bid Recommendation – Refuse, Recycling & Grit Collection Contract.”

 

J.         UNANIMOUSLY VOTED: to authorize an award of bid to Republic Services, 1080 Airport Road, Fall River, MA 02720 for Sludge Transportation at the unit cost of $325 per round trip, for the period July 1, 2021 through June 30, 2023; and as further detailed in memorandum from the Public Services Director to the Interim Town Manager dated June 22, 2021, and entitled “Bid Recommendation – Refuse, Recycling & Grit Collection Contract.”

 

K.        UNANIMOUSLY VOTED: to authorize an award of bid to Republic Services, 1080 Airport Road, Fall River, MA 02720 for the Grit Package at the unit cost of $45 per pickup, for the period July 1, 2021 through June 30, 2023; and as further detailed in memorandum from the Public Services Director to the Interim Town Manager dated June 22, 2021 and entitled “Bid Recommendation – Refuse, Recycling & Grit Collection Contract.”

 

L.         UNANIMOUSLY VOTED: to authorize an amendment to an award of bid originally granted on June 12, 2017 to UniFirst Corporation, 33 Lambert Lind Highway, Warwick, RI 02888 for Uniform Leasing 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 June 23, 2021 and entitled “Bid Recommendation – Uniform Leasing Services Contract Extension.”

 

M.        The Interim Town Manager reviews Marina Park leases, and it is

 

UNANIMOUSLY VOTED: to approve a lease of municipal waterfront property at Marina Park on Salt Pond Road, Wakefield, to Marina Park Associates, Inc. for the operation of a marina, and to authorize the Interim Town Manager to execute a lease agreement on behalf of the Town.  Said lease shall provide a twenty-year term in accordance with specific terms and conditions, including establishment of fixed annual rental payments; and as specified in a memorandum from the Interim Town Manager to the Town Council dated June 23, 2021 and entitled “Marina Park Lease Agreements – Ram Point Marina and Marina Park Associates.”

 

N.        UNANIMOUSLY VOTED: to approve a lease of municipal waterfront property at Marina Park on Salt Pond Road, Wakefield, to Ram Point Marina, Inc. for the operation of a marina, and to authorize the Interim Town Manager to execute a lease agreement on behalf of the Town.  Said lease shall provide a 30-year term in accordance with specific terms and conditions, including establishment of fixed annual rental payments; and as specified in a memorandum from the Interim Town Manager to the Town Council dated June 23, 2021 and entitled “Marina Park Lease Agreements – Ram Point Marina and Marina Park Associates.”

 

O.        UNANIMOUSLY VOTED: to approve a lease of municipal waterfront property, and associated riparian rights, at Marina Park on Salt Pond Road, Wakefield, to Ram Point Marina, Inc. for the operation of a marina, and to authorize the Interim Town Manager to execute a lease agreement on behalf of the Town.  Said lease shall provide a 5-year term in accordance with specific terms and conditions, including establishment of fixed annual rental payments; and as specified in a memorandum from the Interim Town Manager to the Town Council dated June 23, 2021 and entitled “Marina Park Lease Agreements – Ram Point Marina and Marina Park Associates.”

 

P.         UNANIMOUSLY VOTED: to authorize tax collection procedures, as follows:

 

                                                            TAX RESOLUTIONS

 

BE IT RESOLVED that the Town Council hereby orders the assessment and collection of a tax on the ratable real estate and tangible personal property and motor vehicle excise tax in a sum not more than $76,990,720; said tax is for the ordinary expenses and charges, for the payment of interest and indebtedness, in whole or in part of said Town, and for other purposes authorized by law.  The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said Town as of the 31st day of December, A.D. 2020 at Twelve o’clock midnight, according to law (the date of assessment) and shall, on completion of said assessment, date, certify, and sign the same and deliver to and deposit the same in the office of the Town Clerk on or before the 15th day of August, A.D. 2021;

 

BE IT FURTHER RESOLVED: that the Town taxes and the motor vehicle excise taxes shall be due and payable on and between August 1, 2021 and September 1, 2021, and all taxes remaining unpaid after September 1, 2021 shall carry until collected a penalty at the rate of twelve percent (12%) per annum upon such unpaid tax, with the exception of taxes being paid under the quarterly installment law.  For purposes of calculating the appeal period for relief from the tax assessment, said appeal period shall run from August 1, 2021;

 

BE IT FURTHER RESOLVED: that said taxes, if levied in excess of One Hundred dollars ($100.00), may be paid in quarterly installments, the first installment of twenty-five percent (25%) on or before the 1st day of August 2021 and the remaining installments as follows: twenty-five percent (25%) on or before the 1st day of November 2021; twenty-five percent (25%) on or before the 1st day of February 2022; twenty-five percent (25%) on or before the 1st day of May 2022.  Each installment of taxes, if paid on or before the last day of each installment period successively and in order, shall be free from any charge for interest.

 

If the first installment or any succeeding installment of taxes is not paid by the first (1st) day of the next calendar month following the last date of the respective installment period or periods as they occur, then the whole tax or remaining unpaid balance of the tax as the case may be, shall immediately become due and payable and shall carry until collected a penalty at the rate of twelve percent (12%) per annum from August 1, 2021 for real and personal property taxes, and motor vehicle excise tax as allowed by the laws of the State of Rhode Island.  Upon payment of any and all delinquent quarterly installments together with interest accrued on the full unpaid balance of the tax, the right to pay the remaining taxes on the installment basis will be reinstated;

 

BE IT FURTHER RESOLVED: that the Tax Collector is ordered and directed to make levy or levies on all property or properties and persons.  Taxes assessed December 31, 2019, for 2020 taxes on Real Estate which remain unpaid on the First Monday in March A.D. 2022, shall cause said Tax Collector to proceed according to law to collect said tax or taxes so delinquent;

 

BE IT FURTHER RESOLVED: that the Director of Finance of this Town be and is hereby instructed and empowered to hire all necessary funds for the use of the Town for the year ensuing, and to renew all notes against the Town outstanding as may be found necessary.

 

BE IT FURTHER RESOLVED: that the Director of Finance be and is hereby authorized to issue from time to time notes of the Town of South Kingstown, subject to the approval of the Town Council, in anticipation of the receipt of taxes assessed as of December 31, 2020.  Said borrowed moneys shall be used and expended for the payment of current liabilities and expenses of said Town of South Kingstown, and shall be issued under the authority of Title 45-12-4 of the General Laws of Rhode Island, 1956 as amended.

 

Q.        UNANIMOUSLY VOTED: to authorize an extension of an award of contract granted May 14, 2018 to Minnesota Life, 400 Robert Street North, St. Paul, MN 55101 for Term Life and Accidental Death and Dismemberment Insurance for the period July 1, 2021 through June 30, 2022 in accordance with the rates below:

 

$0.160/thousand/person/month for all municipal employees

$1.750/thousand/person/month for retirees at levels of $10,000 and $20,000

$1.34/thousand/person/month for retirees at $50,000 level (contributory)

 

And as further detailed in a memorandum from the Procurement Administrator to the Interim Town Manager and Finance Director dated June 22, 2021 and entitled “Term Life Insurance Contract Extension.”

 

R.        UNANIMOUSLY VOTED: to appoint Deborah J. Kelso to serve as the Town Council representative on the South Kingstown – Narragansett Senior Advisory Council, and to direct the Town Clerk to advertise for applications from interested South Kingstown residents over the age of 60, to serve as citizen members on the Senior Advisory Council for a two-year term; and as further described in a memorandum from the Interim Town Manager to the Town Council dated June 23, 2021 and entitled “South Kingstown / Narragansett Senior Advisory Council – Appointments of Council and Citizen Representatives.”

 

S.         The Finance Director reviews year end reserve fund transfers, and it is

 

UNANIMOUSLY VOTED: to authorize fund transfers as follows, and as further described in a memorandum from the Finance Director to the Interim Town Manager dated June 21, 2021 and entitled “Year End Reserve Fund Transfers.”

 

Reserve Fund Transfers from General Fund

 

BE IT RESOLVED that program balances identified below in the 2020-2021 fiscal year appropriations for General Fund (101) shall be transferred to the following Reserve Funds in the corresponding not-to-exceed amounts:

 

 

FURTHER RESOLVED: That the Town Finance Director, with the advice and consent of the Town Council, is hereby permitted to invest the funds at any time in said savings accounts or certificates of deposit of commercial or savings banks, or trust companies, or in obligations of the United States or its agencies, or in any other short-term investment as would be made by prudent persons of discretion and intelligence.

 

FURTHER RESOLVED: That the Town Council is hereby authorized to use the total funds, or such part thereof of said Reserve Funds, for capital expenditures as may be voted by the Town Council.

 

T.         UNANIMOUSLY VOTED: to support the Town of South Kingstown’s submission of an application to the Southeast New England Program Network for in kind professional services related to the Saugatucket Park Improvement Project; and as further described in a memorandum from the Interim Town Manager to the Town Council dated June 23, 2021 and entitled “Saugatucket Park Capital Improvement Project – Request for Council support of application to Southeast New England Program Network for In Kind Support.”

 

U.        Discussion ensues relative to extending the Town’s Declaration of Emergency (DOE). The Interim Town Manager and Town Solicitor note that the Town’s DOE is contingent upon the State’s DOE being in place. The rationale for extending it includes the ability for restaurants to continue temporary outdoor service under the DOE, noting there is legislation pending that would extend that right; suspension of the Open Meetings Act requirements that public meetings be held in person; costs that continue to accrue as a result of the COVID emergency are eligible to be covered by federal reimbursements; and maintenance of Executive Orders such as 2020-14 providing COVID related administrative leave for employees. Discussion ensues relative to the Interim Town Manager reporting emergency actions taken to the Council; it is noted that the DOE contains a provision to that effect, and it is

 

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 and May 24, 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, 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, 2021.

 

Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 174 further supplemental emergency declarations (as of June 18, 2021) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide.  On June 10, 2021, Governor McKee issued Executive Order 21-65 further extending the state of emergency to July 9, 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 June 28, 2021 to July 26, 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 July 26, 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 July 9, 2021, this Ordinance shall expire on that date.

 

V.         UNANIMOUSLY VOTED: to adopt Executive Order 2020-14 (Fourth Amendment) extending COVID-19 related Administrative Leave to employees, as follows:

 

Emergency Management Director

Executive Order 2020-14 (Fourth Amendment)

WHEREAS, on March 9, 2020, the State of Rhode Island Governor Gina M. Raimondo issued Executive Order 20-03 declaring a state of emergency due to the outbreak of COVID-19; and the Town Council of the Town of South Kingstown declared a state of emergency through an emergency ordinance enacted on March 15, 2020 to deal with the COVID-19 pandemic; and

 

WHEREAS, the Federal Families First Coronavirus Response Act (FFCRA), enacted in March 2020, required certain employers, including the Town of South Kingstown, to provide their employees with paid sick leave benefits for specified reasons related to COVID-19; and

 

WHEREAS, the FFCRA benefits were available between April 1, 2020 and December 31, 2020; and

 

WHEREAS, the FFCRA benefits were not extended as part of the recent Federal coronavirus relief and spending package; and

 

WHEREAS, the Town recognizes significant local impacts related to COVID-19 will continue to exist after December 31, 2020; and

 

WHEREAS, the Town recognizes that quarantine and isolation are critical and effective methods to combat the spread of COVID-19 within our community and within our workforce;

 

NOW THEREFORE, the following emergency measures are hereby enacted:

 

1. Beginning January 1, 2021, the Town of South Kingstown will provide COVID-19 related Administrative Leave to its Full Time and Part Time employees.

 

2. Said COVID-19 Administrative Leave will be provided to employees who are unable to work, or unable to telework, due to the following reasons:

 

1. The employee is subject to Federal, State, or local quarantine or isolation order related to COVID-19;
2. The employee has been advised by a health care provider to self-quarantine related to COVID-19; or
3. The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis

 

3. Said COVID-19 Administrative Leave is available for up to two weeks of the employee’s regular schedule, and will mirror the FFCRA Sick Leave benefits the Town provided employees between April 1 and December 31, 2020. 

 

4. Said COVID-19 Administrative Leave, when combined with FFCRA Sick Leave benefits previously used, shall not exceed two weeks of an employee’s regular schedule. 

 

a.    If an employee has previously exhausted the two weeks of FFCRA Sick Leave benefits, the employee will not be eligible for COVID-19 Administrative Leave.

b.    If an employee has previously exhausted a portion of the two weeks of FFCRA Sick Leave benefits, the employee will only be eligible for COVID-19 Administrative Leave for the difference.

 

5. Employees who are subject to travel-related quarantine requirements are not eligible for said COVID-19 Administrative Leave.

This executive order 2020-14 shall remain in effect until July 31, 2021 or the expiration of the State declaration of emergency, whichever is sooner.  This executive order 2020-14 may be further extended if necessary by a subsequent executive order.

 

W.        UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Zoning Ordinance, Article 5 Supplementary Regulations that would add a new Section 502.7 Cottage Community, as follows:

 

PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

ARTICLE 5. SUPPLEMENTARY REGULATIONS

*****

ADD:

502.7 Cottage Community

A.    Purpose. The purposes of this section, Cottage Community, are to:

1.    Provide housing types that are responsive to changing household demographics (e.g., retirees, young people entering the workforce, small families, single parent households, single person households, dual owner households);

2.    Provide more opportunities for low to moderate income (LMI) housing within single-family neighborhoods;

3.    Encourage creation of functional usable open space in residential communities;

4.    Promote neighborhood interaction and safety through design; and

5.    Ensure compatibility with neighboring uses.

2. Applicability. The Planning Board may approve, as a Major Land Development Project, a Cottage Community in the Town’s R10 and R20 Zoning Districts, as defined in Map 6.1, Sewer Service Areas, Town of South Kingstown Comprehensive Community Plan, 2014 as amended and adopted, unless the proposed Cottage Community Development is within the Town’s Historic Overlay District as defined by Article 6, §600 of the Zoning Ordinance where they are prohibited.

1.    A Cottage Community shall only be allowed on lots that have existing access to water and sewer service or where the applicant can demonstrate that new water and sewer access will be provided prior to occupancy.

3. Procedures. Applications for Cottage Community approval shall be made in accordance with the procedures for approval of a Major Land Development Project per the Town’s Subdivision and Land Development Regulations.
4. Inclusionary Zoning. Any Cottage Community is subject to the Inclusionary Zoning requirements of Sec. 502.6.

E.    Density Requirements

1.    The maximum density shall be eight (8) cottage units per developable acre of land.

2.    An individual cottage development shall contain a minimum of six (6) dwelling units and may contain a maximum of thirty (30) dwelling units.

3.    None of the provisions of this subsection shall be interpreted as removing any density limitations or nutrient loading limitations that may be required by RIDEM or RICRMC for specific areas. 

F.    Dimensional Requirements

1.    A Cottage Community may be developed with dwelling units on separate lots, a single lot, or a combination thereof.

2.    No detached accessory buildings shall be allowed except shared community structures such as storage sheds, garages, utility structures, or similar common facilities.

3.    Dwelling units shall be separated by a minimum of ten (10) feet from the side edge of one building to another. Where attached architectural features such as eaves, window bays, bulkheads, etc. project into the space between residences, the ten (10) foot separation shall be measured from the outside edge of these features.

4.    Dwelling units not abutting or oriented towards a right-of-way shall front the common open space.

5.    The first floor area of each cottage unit shall not exceed 900 square feet (foot print) not inclusive of any porch or deck area. Where a second floor is included, the habitable area of the second floor shall not exceed 50% of the ground floor area.

6.    Dimensional requirements for porches shall comply with Subsection H.2. Porches.

7.    The distance between the front building edge and the right of way or the edge of the common space shall be at least fifteen (15) feet.

8.    The building height for all structures shall not exceed twenty-five (25) feet.  Where included, the second floor area shall primarily be located under the pitched area of the roof as a half story, with the spring point for the eave starting no higher than (3) feet above the finished floor, and with no more than fifty (50) percent of the roof length interrupted by dormers. In no instance shall the first floor exterior walls exceed 14 feet in overall height.

9.    Dwelling units shall have a minimum 6:12 roof pitch. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs.

10.  No building in the cottage community shall be closer to an adjacent property line than the required side yard setback of the zoning district of any adjacent property.

11.  Accessory dwelling units are not allowed within a Cottage Community.

G.   Common Open Space

1.    A minimum of 250 square feet of common open space shall be provided per dwelling. However, not less than 3,000 square feet of common area shall be provided regardless of number of dwelling units.

2.    No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than 20 feet, unless part of a pathway or trail.

3.    Required common open space shall be divided into no more than two separate areas per cluster of dwelling units.

4.    Common open spaces shall have dwelling units that face each other across the common open space.

5.    Common open space shall be designed for passive or active recreational use. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas, or gardens. Common open space shall include amenities such as seating, landscaping, trails, gazebos, outdoor cooking facilities, covered shelters, or ornamental water features.

6.    The Planning Board may allow stormwater drainage facilities within the common open space if it finds that the drainage areas are designed as a fully integrated part of the overall common open space landscape plan which incorporates the types of design features and amenities noted above in Sec. 502.7.G.5, and are designed to facilitate infiltration and recharge.

7.    All dwelling units shall have dedicated access ways to the common open spaces.

H.   Private Open Space.

1.    Intent. A sense of community requires the right balance of personal privacy. Private open space is an essential component of this balance. A ‘front’ yard creates a transition between public and private spaces, while a ‘side’ or ‘back’ yard offers increased seclusion.

2.    Location. A semi-public transition zone and semi-private porch shall separate the main entrance to the dwelling from the common open space or street.   This transition zone should include some combination of fencing, plantings, and or railings, none of which may exceed 36 inches in height.  Private open space may be located in the side and/or rear yards.

3.    Size. Each residential unit shall be provided with a minimum of 200 square feet of usable private open space, with no dimension less than 10 feet. Such open space requirements may be met with a combination of front, side or rear yard locations.

I.      Cottage Building and Fence Design Standards. In addition to the dimensional regulations in Article 4, and the standards contained in South Kingstown, RI - Cottage Community Regulations Design Guidelines - Bulletin #1 (July 2021), the following building design standards shall apply:

1.    Variety in Building Design. The same combination of building elements, features, and treatments shall not be repeated on individual dwelling units for more than one-third of the total dwelling units in a CCD. Dwelling units with the same combination of features and treatments shall not be located adjacent to each other. The following building design features are required:

·         Variation in general architectural elevation and size

·         Predominant wall materials shall be or have the appearance of wood, brick or stone, shall be made of a paintable material, and may be painted or coated in a nonmetallic finish.  Vinyl siding materials are prohibited unless such products have the appearance of natural wood (i.e. CertainTeed Signature Cedar Impressions Siding products or AZEK paintable trim material)

In addition, a minimum of five (5) of the following building elements, features, and treatments shall be provided in a manner that creates visual variety between adjacent structures and within clusters of cottage units:

·         Variation in building stories (a mix of one- and one-and-a-half-story buildings)

·         Variation in roof/building colors and/or materials

·         Varying roof shapes or gables between adjacent structures

·         Windows with visible trim and mullions

·         Roof brackets

·         Dormers

·         Bay windows

·         Entry enhancement such as a well detailed door (multi-panel or glass insert), sidelights, transoms, and/or roof extensions

·         Attached trellis elements over windows or patios

·         Exterior Chimney made of, or clad in, brick or stone

·         Other building elements, treatments, features, or site designs approved by the code administrator that provide variety and visual interest

·         Additional porches and patios (required porch not included)

2.    Porches.

a)      Cottage housing units shall have a covered porch of the primary entrance oriented to the common open space or the public street right of way as applicable.

b)      The required front porch shall have a minimum sixty (60) square feet in area with a minimum dimension of six (6) feet and a maximum dimension of ten (10) feet on any side, except that:

                                      i.        A porch may extend, but is not required to extend, the full length of the front façade. The porch may also wrap around the cottage for a maximum length of twenty (20) feet along either side of the cottage. Note: listed this as an exception to b).

3.    Fences. All fences interior to the development shall be no more than thirty-six (36) inches in height. Fence materials shall be or have the appearance of natural materials, such as wood, brick or stone, shall be made of a paintable material (i.e. Azek, Walpole Outdoor Fence products), and may be painted or coated in a nonmetallic finish. Chain link fencing is prohibited. 

J.    Parking

1.    A minimum of 1 parking space per dwelling unit shall be provided for the entire cottage community. Parking spaces located within garages and driveways may count towards this requirement. Any parking spaces in excess of 1 per dwelling unit shall be designed with pervious materials such as pervious pavement, porous asphalt, gravel surfaces, grass or other similar pervious options. Parking spaces, whether uncovered or in garages or carports, shall not count toward the total floor area of a cottage unit, as described in subsection F.5.

2.    Parking for individual dwelling units shall be combined into an individual facility or into parking clusters in order to facilitate housing clusters that are oriented to common open space areas.

3.    Garage doors shall not be oriented towards a public right-of-way (i.e. street).

4.    Garages and carports shall not be located between the common open space and the dwelling units.

5.    Surface parking lots shall be broken into sub-lots of no more than fifteen (15) parking spaces. Any surface parking lot with more than seven (7) parking spaces shall contain at least one landscape island. Landscape islands shall:

a)    Be a minimum of 144 square feet (18 ft. parking spaces) or 160 square feet (20 ft. parking spaces). 

b)    Have a minimum dimension of at least eight (8) feet at the widest point measured from the edge of pavement or back of curb where curbing is proposed.

c)    Be located, graded and designed to pretreat stormwater runoff

d)    Be planted with vegetation suited to the stormwater management strategy and resilient to the stressors anticipated in the parking area (e.g., heat, sand, etc.)

e)    Include at least one deciduous shade tree of not less than two (2)-inch caliper and at least  ten (10) feet in height at the time of installation.

f)     Applicants may deviate from these standards where it can be demonstrated to the satisfaction of the Planning Board that stormwater management is not feasible because of the location of the island (i.e., upgradient) or other pre-existing site conditions.

6.    Parking in the form of garages, carports, or surface lots may occupy no more than 40 percent of site frontage on a public right-of-way, except in the case of an alley, in which case no restriction applies.

7.    Surface parking lots shall be set back twenty (20) feet from the outside perimeter of the cottage community. This setback can be reduced to below twenty (20) feet but never less than ten (10) feet along no more than 50% of the perimeter. Where the setback is less that twenty (20) feet a decorative and sturdy fence at least six (6) feet in height (measured from grade) shall be installed (See Section H for fence standards).

8.    Surface parking lots of more than four (4) spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features, in accordance with Article XIII, Section G of the Subdivision Regulations.

9.    Enclosed parking structures shall have a minimum 6:12 roof pitch and a maximum height of eighteen (18) feet. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs. Parking structures shall also comply with the architectural elements required by Section H. (Cottage Building Design Standards).

K.    Common Area Maintenance

1.    Cottage developments shall be required to implement a mechanism that ensures the continued care and maintenance of common areas. All common areas shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions. The Planning Board shall approve the form and content of all deed restrictions at the time of final approval of the application. Every deed restriction providing a maintenance guarantee shall contain the following provision:

“If the owners or their successors or assigns fail to maintain the common area, or fail to keep a Home Owners Association active and in good standing with the Rhode Island Secretary of State responsible for said maintenance, the Town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns, or seek judicial relief to compel the owners to perform any necessary maintenance."

2.    Ownership of the common area shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the cottage development or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units. A typical example would be creation of a homeowner’s association or condominium association with authority and funding necessary to maintain the common areas.

L.    Stormwater Management. All applications shall be required to meet RIDEM’s Stormwater Standards and shall conform to the Town's Subdivision and Land Development Regulations and Design Manual with particular regard for the need to encourage infiltration and groundwater recharge as opposed to detention or retention basins.

M.   Sunset Provision. The provisions of § 502.7 of this Zoning Ordinance shall expire as of 12:00 midnight on March 1, 2023, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.

 

12.       CLOSED EXECUTIVE SESSION

 

UNANIMOUSLY VOTED: to recess to Closed Executive Session at 9:26 PM 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; and pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel.

 

Regular Session is reconvened at 9:56 PM, and it is

 

UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held 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; and pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel.

 

It is noted that no votes were taken in Closed Executive Session.

 

Council President Collins makes a statement on behalf of the Council regarding the ongoing investigation of the AFL-CIO mailer: Just to let the community know we are still looking for some more information in this investigation. The Town Solicitor is dutifully pursuing that. The whole Council is determined to answer every question before we are ready to give a final report to the community detailing what has happened with this mailer, and how we got to this point. I want to thank everybody for their patience in bearing with us. We should have something for you in the next coming weeks.

 

UNANIMOUSLY VOTED:  to adjourn at 9:58 PM.

 

Susan M. Flynn, CMC

Town Clerk