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WORK SESSION
NOVEMBER 8, 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 8th day of November 2021 at 6:45 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. A. WORK SESSION
Council President Collins introduces Marc Parlange, new President of the University of Rhode Island and Carlos Lopez Estrada, Director of Government Relations.
Dr. Parlange discusses his first impressions of the University and its relationship with local government. Dr. Parlange comments on the positive feel at URI, COVID rates and their vaccination requirements, the athletic community, farms research and projects, and the colleges of nursing, pharmacy and engineering.
Councilwoman Bergner thanks Dr. Parlange for his leadership with regard to the parking situation at the Kingston Free Library.
Councilwoman Kelso comments on the Town’s collaboration with URI and the importance of the Town Gown relationship.
Council Vice President McEntee offers his congratulations and comments on the URI effect on South Kingstown, making a strong relationship with URI and continuing to work together.
1. B. INTERVIEWS
The Town Council interviews Susan Axelrod relative to her interest in being reappointed to the Route 138 Reconstruction Project Area Committee.
The Town Council interviews Gail Faris relative to her interest in being reappointed to the Route 138 Reconstruction Project Area Committee.
The Town Council interviews Dorald Beasley relative to his interest in being reappointed to the Route 138 Reconstruction Project Area Committee.
1. C. WORK SESSION continued
Theresa Murphy, Interim Town Manager notes that all License items are renewal applications.
Michael Ursillo, Town Solicitor reviews Public Hearing 7A on this evening’s Agenda relative to applications for renewal of liquor licenses. Councilwoman Bergner notes that she has questions regarding the Pump House Music Works outdoor use.
The Interim Town Manager reviews Public Hearing 7B on this evening’s Agenda relative to an application for renewal of the Indoor Shooting Range license held by IDGR15, LLC d/b/a Elite Indoor Gun Range.
The Interim Town Manager reviews Communication Item 8C concerning the Union Fire District’s Matunuck Station project.
The Interim Town Manager reviews Communication Item 8O from Councilwoman Bergner concerning the potential location of an Emergency Medical Services station in the south shore area of Town.
The Interim Town Manager reviews Communication Item 8G from Jim Lathrop requesting creation of a capital program to fund projects suggested by the community’s youth.
The Interim Town Manager reviews Communication Item 8I concerning the status of Michaela Court road acceptance.
The Interim Town Manager reviews Communication Item 8J from Jenn Judge advising of her resignation from the Bicycle – Pedestrian Advisory Committee, and Communication Item 8K from Ken Burke requesting the appointment of an applicant to fill the vacancy created by Jenn Judge’s resignation.
The Interim Town Manager reviews Communication Item 8P from Susan Axelrod, President, Kingston Improvement Association expressing concerns regarding the State’s ongoing reconstruction of roads in Kingston Village and the importance of maintaining the Town’s Route 138 Reconstruction Project Area Committee.
The Interim Town Manager notes that the Town Solicitor will provide an update on the Town Manager search and a proposed chicken ordinance.
The Interim Town Manager notes that there are additional applications for the Town’s 300th Anniversary Steering Committee.
The Interim Town Manager reviews New Business Item 13B authorizing a joint award of bid for winter road salt to Morton Salt Inc. and Eastern Salt Co.
The Interim Town Manager reviews New Business Item 13D extending the Town’s Declaration of Emergency.
The Interim Town Manager reviews New Business Item 13E authorizing the advertisement for recruitment of a new Town Manager.
Council President Collins comments on Communication Item 8M from Eric Wertheimer concerning local COVID vaccination rates; the Interim Town Manager will provide a report to the Council.
Convened to Regular Session.
Susan M. Flynn, CMC, Town Clerk
REGULAR SESSION
NOVEMBER 8, 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 8th day of November 2021 at 7:30 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. D. REGULAR SESSION
2. 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 all members are present.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on October 25, 2021 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on October 25, 2021 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on October 25, 2021 are accepted.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same with the exception of Communication Item 8M.
6. LICENSES
(CA) 6A. UNANIMOUSLY VOTED: to grant Sunday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:
Geaber’s Liquors, Inc., 231 Old Tower Hill Road, Wakefield, RI 02879. Application by George L. Geaber, Jr., President. License No. 59345.
PBL, Inc. d/b/a Liberty Wine & Spirits, 1321 Kingstown Road, Wakefield, RI 02879. Application by Joseph V. Paglia, President. License No. 72659.
Sweeney’s Package Store, Inc. d/b/a Sweeney’s Wine and Spirits, 408 Main Street, Wakefield, RI 02879. Application by Michael W. Sweeney, President. License No. 59321.
Wakefield Liquors, Inc., 667 Kingstown Road, Wakefield, RI 02879. Application by Jane E. Costanza, President. License No. 59373.
(CA) 6B. UNANIMOUSLY VOTED: to grant Victualling Licenses for the year beginning December 1, 2021 to the following; Renewals:
629 Succotash, LLC d/b/a Matunuck Oyster Bar, 629 Succotash Road, Wakefield, RI 02879. Application by Perry Raso, Member. License No. 71858.
Anderson Enterprises, LLC d/b/a D.B.’s Pizza, 546 Kingstown Road, Wakefield, RI 02879. Application by Jonathan Anderson, Member. License No. 68424.
Apple New England, LLC d/b/a Applebee’s Neighborhood Grill and Bar, 15 South County Commons Way, Wakefield, RI 02879. Application by Cheryl Mills, License Manager. License No. 72429.
Baja’s Express, LLC d/b/a Baja’s Taqueria and Grill, 600 Kingstown Road, Wakefield, RI. Application by Bahij Boutros, Member. License No. 68559.
Bombay, LLC d/b/a Bombay Flame Restaurant, 60 Old Tower Hill Road, Wakefield, RI 02879. Application by Muthaiah Subbaiah, Member. License No. 72799.
Cantina del Rio of South Kingstown, LLC d/b/a Cantina del Rio, 515 Kingstown Road, Wakefield, RI 02879. Application by Ramon Michel, Member. License No. 62954.
Cap’n Jack’s, Inc. d/b/a Cap’n Jack’s Restaurant, 706 Succotash Road, Wakefield, RI 02879. Application by Jack O. Piemonte, President. License No. 59424.
Chop House, Inc. d/b/a Chophouse Grille, 191 Old Tower Hill Road, Wakefield, RI 02879. Application by Russell Goyette, Vice President. License No. 60885.
DPTA Holdings II, LLC d/b/a Dragon Palace of Wakefield, 733 Kingstown Road, Wakefield, RI 02879. Application by Peter A. Santilli, Member. License No. 59137.
Elks Club of South Kingstown #1899, 60 Belmont Avenue, Wakefield, RI 02879. Application by Michelle Main, Secretary. License No. 59368.
Filippou’s Twisted Pizza Wakefield, LLC, 28 Old Tower Hill Road, Wakefield, RI 02879. Application by Effie Lopez, Member. License No. 59484.
Hannah’s Bistro, LLC d/b/a Duck Press, 333 Main Street, Wakefield, RI 02879. Application by Mark Bryson, Member. License No. 70001.
Hanson’s Pub, LLC d/b/a Two Ten Oyster Bar & Grill, 210 Salt Pond Road, Wakefield, RI 02879. Application by Andrew Bilodeau, Member. License No. 59396.
Heng-D, LLC d/b/a Tong-D, 50 South County Commons Way, Unit E-1, Wakefield, RI 02879. Application by Angie Lim, Member. License No. 59557.
J.S.R. Co. d/b/a Tony’s Pizzeria, 1916 Kingstown Road, Wakefield, RI 02879. Application by John Reves, President. License No. 59147.
Kabuki Kingstown Corp. d/b/a Kabuki Restaurant, 91 Old Tower Hill Road, Wakefield, RI 02879. Application by Yunqing Liu, President. License No. 64236.
Paliotti Family Enterprises, Inc. d/b/a The Flatts, 501 High Street, Wakefield, RI 02879. Application by Peter Paliotti, President. License No. 70078.
Phil’s Kitchen, Inc. d/b/a Phil’s Restaurant, 323 Main Street, Wakefield, RI 02879. Application by Kenneth J. Tetzner, President. License No. 59650.
Surfside Thai Food, LLC d/b/a Sa-Tang Restaurant, 402A Main Street, Wakefield, RI 02879. Application by Nina Conklin, Member. License No. 59346.
Rachel’s Cafe, LLC, 36 South County Commons Way, Unit 4C, Wakefield, RI 02879. Application by Carlos Taveira, Member. License No. 65766.
Taj, LLC d/b/a Taj Indian Restaurant and Bar, 49 South County Commons Way, Unit F-4, Wakefield, RI. Application by Devendra Khadka, Member. License No. 70907.
V.G.B., LLC d/b/a NEAPOLIS, 60 South County Commons Way, Unit G1, Wakefield, RI 02879. Application by Pasquale Illiano, Member. License No. 59735.
V.G.B., LLC d/b/a Pasquale’s Pizzeria Napoletana, 59 South County Commons Way, Units H-1 and H-2, Wakefield, RI 02879. Application by Pasquale Illiano, Member. License No. 64432.
Wakefield Tavern, LLC d/b/a Tavern on Main, 195 Main Street, Wakefield, RI 02879. Application by Christian D’Agostino, Member. License No. 59627.
(CA) 6C. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:
Matunuck Pizza Pie Company, LLC d/b/a Matunuck Pizza Pie, 920 Matunuck Beach Road, Wakefield, RI 02879. Application by Kevin V. Finnegan, Member. License No. 59316.
Rose Hill Golf Club, Inc., 220 Rose Hill Road, Wakefield, RI 02879. Application by James P. Manning, President. License No. 59366.
Torre II Corp. d/b/a Trattoria Romana South, 71 South County Commons Way, Wakefield, RI 02879. Application by Scott Sisson, Vice President. License No. 72492.
(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales and Dance Licenses for the year beginning December 1, 2020 to the following; Renewals:
David Barnes Development, Inc. d/b/a Mews Tavern, 456 Main Street, Wakefield, RI 02879. Application by Daniel Rubino, Vice President. License No. 59480.
Next Door, Inc. d/b/a The Pub, 907A Matunuck Beach Road, Wakefield, RI 02879. Application by Kevin V. Finnegan, President. License No. 59312.
Ocean Front Lounge, Inc. d/b/a Ocean Mist, 895A Matunuck Beach Road, Wakefield, RI 02879. Application by Kevin V. Finnegan, President. License No. 59309.
(CA) 6E. UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales and Dance Licenses for the year beginning December 1, 2021 to Laurel Food and Beverage, Inc. d/b/a Laurel Lane Country Club, 309 Laurel Lane, West Kingston, RI 02892. Application by Joseph A. Videtta, President; Renewals. License No. 72469.
(CA) 6F. UNANIMOUSLY VOTED: to grant Victualling, Dance and Pool Table Licenses for the year beginning December 1, 2021 to Bobby G’s, Inc. d/b/a Bobby G’s Pub, 703 Kingstown Road, Wakefield, RI 02879. Application by Karen A. Sweet, President; Renewals. License No. 59308.
(CA) 6G. UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales, and Bowling Alley Licenses for the year beginning December 1, 2021 to Old Mountain Lanes, Inc., 756 Kingstown Road, Wakefield, RI 02879. Application by Danielle Neary, Manager; Renewals. License No. 59514.
(CA) 6H. UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales, Dance and Tourist Accommodation Licenses for the year beginning December 1, 2021 to the following; Renewals:
Pamfilio’s, Inc. d/b/a Bistro By The Sea, 364 Cards Pond Road, Wakefield, RI 02879. Application by Richard Paolo, President. License No. 59620.
South Kingstown Hotel Associates, LLC d/b/a Holiday Inn South Kingstown, 3009 Tower Hill Road, Wakefield, RI 02879. Application by EHI SK Holdings, Inc., Manager, by Elizabeth A. Procaccianti, President. License No. License No. 59146.
(CA) 6I. UNANIMOUSLY VOTED: to grant Theater Licenses for the year beginning December 1, 2021 to the following; Renewals:
Contemporary Theater Company, 327 Main Street, Wakefield, RI 02879. Application by Terrence G. Simpson, President. License No. 62788.
Pump House Music Works, 1464 Kingstown Road, Wakefield, RI 02879. Application by Daniel U. Collins, President. License No. 59520.
(CA) 6J. UNANIMOUSLY VOTED: granting Victualling Licenses for the year beginning December 1, 2021 to the following; Renewals:
China Garden Li d/b/a China Garden, 564 Kingstown Road, Wakefield, RI 02879. Application by Chaoying Li, Owner. License No. 59169.
DE Foods, Inc. d/b/a KFC Taco Bell, 139 Old Tower Hill Road, Wakefield, RI 02879. Application by Karen DeLuca, Licensing. License No. 73090.
Isis Cakes, LLC d/b/a Isis Cakes, 221 Robinson Street, Wakefield, RI 02879. Application by Isis Brighton, Member. License No. 61756.
Jayd LLC d/b/a Jayd Bun, 1202 Kingstown Road, Wakefield, RI 02879. Application by Qiang Li, Member. License No. 63751.
Jessica Dyer d/b/a Baked by Jessica, 406 A Main Street, Wakefield, RI 02879. Application by Jessica Dyer, Owner. License No. 65314.
(CA) 6K. UNANIMOUSLY VOTED: to grant a Victualling License and Additional Hours from 2 AM to 4 AM to Alchihed Enterprises, Inc. d/b/a IZONE, 100 Fortin Road, Kingston, RI 02881. Application by Nidal Alchihed, President. License No. 63430.
(CA) 6L. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:
A J and P LLC d/b/a El Fuego Mexican Grill, 344 Main Street, Wakefield, RI 02879. Application by Peter Watson, Member. License No. 59160.
All South County Luxury Cinemas LLC d/b/a All South County Luxury Cinemas, 30 Village Square Drive, Wakefield, RI 02879. Application by Harold Plan; Member. License No. 71757.
Ocean Catch Seafood LLC d/b/a Ocean Catch Seafood, 566 Kingstown Road, Wakefield RI 02879. Application by Jane Karako; Member. License No. 65417.
Rosario’s Restaurant, Inc. d/b/a Kington Pizza, 1283 Kingstown Road, Wakefield, RI 02879. Application by Ina M. Sciabarrasi, Vice President. License No. 59107.
South County Donuts, Inc. d/b/a Dunkin Donuts, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by Rob Batista, President. License No. 64574.
Taylor’s Landing Country Store, Inc. d/b/a TLC Coffee, 3362 Kingstown Road, West Kingston, RI 02892. Application by Dave Turchetta, President. License No. 59383.
(CA) 6M. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:
Cardi’s Department Store Inc. d/b/a Cardi’s Furniture Bedding Plus, 25 South County Commons Way, Wakefield, RI 02879. Application by Susan Halvarson, Licensing. License No. 59110.
CoxCom LLC d/b/a Cox Enterprises, 35 South County Commons Way, Wakefield, RI 02879. Application by Paezle Turner, License Manager. License No. 60315.
Matunuck Surf Shop, Inc. d/b/a Matunuck Surf Shop, 920 Matunuck Beach Road, Wakefield, RI 02879. Application by Tia Guilbert, Business Manager. License No. 71044.
Narragansett Pest Control, Inc. d/b/a All Outdoors Power Equipment, 4060 Tower Hill Road, Wakefield, RI 02879. Application by Margaret Siligato, President. License No. 61388.
Pleasantries Flower Shop, Inc. d/b/a Pleasantries Flower Shop, 102 Main Street, Wakefield, RI 02879. Application by Meredith Masson, President. License No. 59095.
Prime Comms Retail, LLC d/b/a AT&T Authorized Retailer, 3033 Tower Hill Road, Saunderstown, RI 02874. Application by Crystal Dulceak, Authorized Agent. License No. 68495.
Ram Point Marina, Inc. d/b/a Ram Point Marina, 2 William Schmid Drive, Wakefield, RI 02879. Application by Sara Delmonico, Controller. License No. 59589.
Rhode Island CVS Pharmacy LLC d/b/a CVS Pharmacy #868, 99 Fortin Road, Kingston, RI 02881. Application by Erin Chilinski, Licensing. License No. 60589.
Ski General, Inc. d/b/a Uncle Sam’s Army Navy Surplus, 548 Kingstown Road, Wakefield, RI 02879. Application by Rosalie Guttin, President. License No. 59393.
(CA) 6N. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses to David Carpenter d/b/a Carpenter’s Farm, 520 Matunuck Beach Road, Wakefield, RI 02879. Application by David Carpenter, Owner. License No. 59455.
(CA) 8A. UNANIMOUSLY VOTED: that an email dated October 13, 2021 from Kate Johnson concerning the School Department’s Memorandum of Agreements, continued from October 25, 2021, is received and placed on file. (See 10/28/2021 Interim Report, Item J.)
(CA) 8B. UNANIMOUSLY VOTED: that an email dated October 28, 2021 from Amber Sadlier, Senior Race Director, Ragnar Events, LLC addressing permitting issues and the success of their recent Ragnar Relay race that passed through South Kingstown is received and placed on file.
(CA) 8D. UNANIMOUSLY VOTED: that an email dated October 24, 2021 from Stephen Dahl concerning the invasion of children’s privacy by Google Classroom and other internet services is received and placed on file.
(CA) 8E. UNANIMOUSLY VOTED: that emails dated October 25, 2021 from Percy West, Lane West and Gail Burchard concerning parking at the Kingston Free Library are received and placed on file.
(CA) 8F. UNANIMOUSLY VOTED: that an email dated October 27, 2021 from Nicole Riley concerning a research project on community water fluoridation is received, placed on file, and referred to staff.
(CA) 8H. UNANIMOUSLY VOTED: that emails from Carol Edwards and Annie Babineau concerning the regulation of chickens and other farm animals are received and placed on file.
(CA) 8L. UNANIMOUSLY VOTED: that an email dated November 1, 2021 from Jenifer Madison, District Manager providing a copy of the Kingston Fire District’s 1st quarter FY2021-2022 State Fiscal Report is received and placed on file.
(CA) 8N. UNANIMOUSLY VOTED: that an email dated November 3, 2021 from Joe Viele, Executive Director, Southern RI Chamber of Commerce inviting Council members to a ribbon-cutting ceremony at Liberty Wine & Spirits on Saturday, November 6th is received and placed on file.
(CA) 8Q. 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 a one-year extension of warranty contract to Shi International Corporation, 290 Davidson Avenue, Somerset, NJ 08873 for server warranty from December 1, 2021 through December 1, 2022 in an amount not to exceed $6,789; and as further described in a memorandum from the Director of Technology to the Interim Town Manager dated November 1, 2021 and entitled “Server Warranty Contract Extension.”
(CA) 13C. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $2,349.00, as shown on Tax Abatement Request No. 595.
(CA) 13F. 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 HEARINGS
A. Notice having been duly given, a Public Hearing is held relative to the renewal of Liquor Licenses for the year beginning December 1, 2021.
Council President Collins presents the applications for Class A Retailer, Class B Victualler, Class B Limited, Class B Tavern, Class B Hotel, Class D Club, and Class T Legitimate Theater Liquor Licenses.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing with the exception of the application for a Class T Legitimate Theater Liquor License filed by Pump House Music Works.
UNANIMOUSLY VOTED: to grant licenses to sell intoxicating beverages under the provision of Title 3 of the General Laws of 1956, as amended to the following for the year beginning December 1, 2021; said licenses are granted 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, and the correction of any fire code violations.
CLASS A – RETAILER
GEABER'S LIQUORS, INC., by George L. Geaber Jr., President, 231 Old Tower Hill Road, Wakefield, RI; first floor sales area; and as further defined in a site plan on file in the Town Clerk's Office. License No. 59345.
PBL, INC. d/b/a LIBERTY WINE & SPIRITS, by Joseph V. Paglia, President, 1321 Kingstown Road, Wakefield, RI; first floor sales area, in accordance with a Special Use Permit granted April 22, 2020 by the Zoning Board of Review; and as further defined in a site plan dated May 12, 2020 on file in the Town Clerk's Office. License No. 72659.
SWEENEY'S PACKAGE STORE, INC. d/b/a SWEENEY’S WINE & SPIRITS, by Michael W. Sweeney, President, 408 Main Street, Wakefield, RI; first floor sales area; and as further defined in a site plan on file in the Town Clerk's Office. License No. 59321.
WAKEFIELD LIQUORS, INC., by Jane E. Costanza, President, 667 Kingstown Road, Wakefield, RI; first floor sales area including expansions granted on May 14, 2001 and September 13, 2004; and as further defined in an amended site plan dated July 27, 2004 on file in the Town Clerk’s office. License No. 59373.
CLASS B – TAVERN
PAMFILIO’S INC. d/b/a BISTRO BY THE SEA, by Richard A. Paolo, President, 364 Card's Pond Road, Wakefield, RI; first floor restaurant, gazebo for intermission, tents on tennis court and 32’ x 50’ patio in accordance with Special Use Permits granted by the Zoning Board of Review on August 15, 2007 and March 17, 2010; and as further defined in a site plan on file in the Town Clerk's Office. License No. 59620.
SOUTH KINGSTOWN HOTEL ASSOCIATES, LLC d/b/a HOLIDAY INN SOUTH KINGSTOWN, by EHI SK Holdings, Inc., Manager, by Elizabeth A. Procaccianti, President, 3009 Tower Hill Road, Wakefield, RI; dining, lounge and bar areas, and banquet room, and patio area, and for consumption only in the pool area from 9 AM to 9:30 PM, only when a lifeguard is present, as described in the Special Exception granted by the Zoning Board of Review on May 18, 1994; and as further defined in a site plan dated March 6, 2008 on file in the Town Clerk's Office. License No. 59146.
CLASS B – HOTEL
SOUTH KINGSTOWN HOTEL ASSOCIATES, LLC d/b/a HOLIDAY INN SOUTH KINGSTOWN, by EHI SK Holdings, Inc., Manager, by Elizabeth A. Procaccianti, President, 3009 Tower Hill Road, Wakefield, RI; for 107 guest rooms located on the first, second, third and fourth floors in the hotel, as described in the Special Use Permit granted by the Zoning Board of Review on June 18, 2008; and as further defined in a site plan on file in the Town Clerk's Office. 59193.
CLASS D – CLUB FULL PRIVILEGE
ELKS CLUB OF SOUTH KINGSTOWN #1899, by Michelle Main, Secretary, 60 Belmont Avenue, Wakefield, RI; members lounge, dining room and foyer, and grounds as described in the Special Use Permit granted by the Zoning Board of Review on February 19, 1997; and as further defined in a site plan dated September 30, 1998 on file in the Town Clerk's Office. License No. 59368.
CLASS T – LEGITIMATE THEATER
CONTEMPORARY THEATER COMPANY, by Terrence G. Simpson, President, 321 Main Street, Wakefield, RI for the expanded outside patio area modification at 321 Main Street and theatre in adjacent building at 327 Main Street, in accordance with Special Use Permits granted by the Zoning Board of Review on May 15, 2019, June 21, 2017 and February 21, 2012 with sales of alcohol limited to one hour prior to the performance and during the performance, but prohibited after the performance in the building used for the theatre performances; and as further defined in a site plan dated June 4, 2019 on file in the Town Clerk’s office. License No. 62788.
Council President Collins recuses himself, and Council Vice President McEntee presides over the Public Hearing relative to the application by Pump House Music Works for renewal of a Class T Legitimate Theater Liquor License.
Discussion ensues relative to previous complaints from neighbors concerning noise, condition of the fence that was installed, and continuation of outdoor service under State laws being allowed until next April. The Town Solicitor reviews the restrictions placed on the business under a COVID outdoor service permit. The Police Chief states they appear to be operating indoors, but will check for reports of any recent complaints.
VOTED: continue to November 22, 2021 a Public Hearing relative to an application to sell intoxicating beverages under the provision of Title 3 of the General Laws of 1956, as amended for the year beginning December 1, 2021:
CLASS T – LEGITIMATE THEATER
Application by PUMP HOUSE MUSIC WORKS, by Daniel U. Collins, President, 1464 Kingstown Road, Wakefield, RI; Presentation Gallery and hand tool work room in accordance with a Special Use Permit granted December 21, 2016 by the Zoning Board of Review; and as further defined in site plans dated January 4, 2017 on file in the Town Clerk’s office.
Council President Collins recused.
7B. Notice having been duly given, a Public Hearing is held relative to an application for renewal of an Indoor Shooting Range License in accordance with the South Kingstown Town Code, Chapter 9 Licenses and Miscellaneous Business Regulation, Article VI Indoor Shooting Ranges, Sec. 9-158 Term of License, Renewal, Transfer. Application by IDGR15, LLC d/b/a Elite Indoor Gun Range, by Mark A. Fay, Member for property located at 371 Rose Hill Road, Wakefield, RI 02879 and designated as Assessor’s Plat 33, Lot 30, consisting of 121.57 acres.
Sven Soderberg, partner is present and testifies.
The Town Solicitor notes that this application is strictly for the indoor shooting range, and is separate from the outdoor shooting range which is a legal non-conforming use.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to grant an application for renewal of an Indoor Shooting Range License in accordance with the South Kingstown Town Code, Chapter 9 Licenses and Miscellaneous Business Regulation, Article VI Indoor Shooting Ranges, Sec. 9-158 Term of License, Renewal, Transfer. Application by IDGR15, LLC d/b/a Elite Indoor Gun Range, by Mark A. Fay, Member for property located at 371 Rose Hill Road, Wakefield, RI 02879 and designated as Assessor’s Plat 33, Lot 30, consisting of 121.57 acres. License No. 64402.
8. COMMUNICATIONS
C. Discussion ensues relative to the Union Fire District’s Matunuck Station expansion project. Plans are still being reviewed by the Planning Board, and staff is in conversation with the South Kingstown Land Trust regarding the potential to use a portion of their adjacent land to accommodate the EMS station. It is noted that UFD has submitted plans with and without the EMS building.
James Rabbitt, Director of Planning advises that the Planning Board’s favorable recommendation will be structured to allow flexibility for UFD to move forward in phases, so they won’t have to go back to the Planning Board if plans change.
Discussion ensues, and it is
UNANIMOUSLY VOTED: that emails from Carol and David Steiler (2), Robert and Jacquelyn Hefner, Lou Chrostowski, Thomas and Dianne McHugh, John and Justine Dolan, Richard and Kristin Schwab, and Christian and Karisti Mundy concerning plans to expand the Union Fire District’s Matunuck Station and accommodate the Town’s Emergency Medical Services are received, placed on file, and referred to the Planning Board.
G. Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated October 29, 2021 from Jim Lathrop requesting creation of a capital program to fund projects suggested by the community’s youth is received, placed on file, and referred to the Recreation Commission and the School Committee.
I. Discussion ensues relative to the status of Michaela Court. The Interim Town Manager notes that the developer is committed to snow plowing this winter. Jon Schock, Director of Public Services notes that some punch list items are not completed and that discrepancy must be resolved. The Town is holding the developer’s performance bond until satisfactory completion of the project.
UNANIMOUSLY VOTED: that an email dated October 31, 2021 from Donna Serpa, Treasurer, South County Trail HOA, Inc. concerning the status of Michaela Court road acceptance is received, placed on file and referred to Town staff.
J. UNANIMOUSLY VOTED: that an email dated October 30, 2021 from Jenn Judge advising of her resignation from the Bicycle – Pedestrian Advisory Committee and the Route 1 Stewardship Plan Development Committee is accepted, and the Town Council directs that a letter of thanks be sent.
K. UNANIMOUSLY VOTED: that an email dated November 1, 2021 from Ken Burke requesting the appointment of an applicant to fill the vacancy created by Jenn Judge’s resignation from the Bicycle – Pedestrian Committee is received and placed on file. It is requested that an applicant be invited to interview at the next meeting.
M. Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated November 2, 2021 from Eric Wertheimer concerning local COVID vaccination rates is received, placed on file, and referred to the Town Manager.
O. Discussion ensues relative to an email dated November 3, 2021 from Councilwoman Deborah D. Bergner concerning the potential location of an Emergency Medical Services station in the south shore area of Town. Craig Stanley, Chief of EMS notes that the optimum location would be close to Route 1 and west of East Matunuck, future plans are to add a third truck and eventually a fourth truck in the West Kingston area near Route 2 and Route 138. The Interim Town Manager advises that data is being compiled to substantiate the need for a south station; the UFD has been very inclusive, and their EMS station plans would be beneficial to the Town for another site. The Town Solicitor discusses the issue of compensation to the UFD, if appropriate.
P. Discussion ensues regarding the status of the Route 138 Reconstruction Project Area Committee and RIDOT Phase 1 funding for the roadway between Route 108 and the Amtrak station in West Kingston, and it is
UNANIMOUSLY VOTED: that an email dated November 3, 2021 from Susan Axelrod, President, Kingston Improvement Association expressing concerns regarding the State’s ongoing reconstruction of roads in Kingston Village and the importance of maintaining the Town’s Route 138 Reconstruction Project Area Committee is received, placed on file, and the Town Council directs staff to contact the RI Department of Transportation and request that they restart the project.
9. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
The following are present and comment on the Matunuck Fire Station project:
Kristin Schwab
Richard Schwab
Mike McKenna
Rick Rhodes
Tom Gilchrist
Fred Rubin
Karen Rubin
Christian Mundy
David Steiler
Tim Tolokan
David Laudati
Roberta Mulholland
Jessica Mayhew is present and comments on the potential regulation of chickens and the training of Animal Control Officers to handle fowl.
10. TOWN MANAGER’S REPORT
The Interim Town Manager notes the status of the RFP for a consultant to manage the Town’s American Rescue Plan funds, COVID vaccination clinics are scheduled to be held at South Road School, and the Housing Authority has invited the Council to a ribbon cutting at the new laundry facility on November 22nd. The Town Manager’s Interim Report dated October 28, 2021, and the Miscellaneous Report dated November 4, 2021 are accepted, approved and placed on file.
11. TOWN SOLICITOR’S REPORT
A. The Town Solicitor notes that a Work Session was held with Municipal Resources, Inc., the consultant hired to conduct an executive search for a new Town Manager, the draft advertisement is presented tonight for the Council’s review and approval with a proposed deadline of January 3, 2022 for submission of applications.
B. The Town Solicitor reviews a proposed ordinance to regulate chickens, noting that it doesn’t regulate the number of animals or noise, but addresses animals that leave their owners’ property.
It is consensus that an Order of Notice be placed on the November 22nd Agenda for a Public Hearing to consider an amendment to the Town Code, Chapter 3 Animals and Fowl relative to animals that stray from their owners’ property.
12. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint Susan Axelrod, Gail Faris and Dorald Beasley to the Route 138 Reconstruction Project Area Committee for a term to expire in May, 2023.
B. UNANIMOUSLY VOTED: to appoint Elizabeth Sulock and Susannah Blood to the 300th Anniversary Steering Committee.
13. NEW BUSINESS
B. UNANIMOUSLY VOTED: to authorize a joint award of bid to Morton Salt Inc., 123 North Wacker Drive, Chicago, IL 60606 for winter road salt at a unit price of $68.42 per ton delivered for FY 2021-2022, and an award of bid to Eastern Salt Co., 134 Middle Street, Lowell, MA 01852 for winter road salt at a unit price of $67.00 per ton delivered for FY 2021-2022; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated November 1, 2021 and entitled “Winter Road Salt Bid Recommendation.”
D. 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 and October 25, 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 and October 25, 2021 (retroactive to October 12, 2021).
Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 205 further supplemental emergency declarations (as of November 4, 2021) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On October 29, 2021, Governor McKee issued Executive Order 21-107 further extending the state of emergency to November 27, 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 November 8, 2021 to December 13, 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 remain in full force and effect until December 13, 2021 unless renewed, modified, or terminated by a subsequent ordinance. Provided, however, that if the statewide state of emergency is not extended by executive order of the Governor of the State of Rhode Island on or before November 27, 2021, this Ordinance shall expire on that date.
E. Discussion ensues, and it is
UNANIMOUSLY VOTED: to authorize the advertisement for recruitment of a new Town Manager by Municipal Resources, Inc. for 30 days, the proposed ad will be amended to include language stating the position offers competitive salary and benefits, salary is subject to negotiation, current compensation is $152,700, and applications will be accepted through Monday, January 3, 2022.
14. CLOSED EXECUTIVE SESSION
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 10:21 PM pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation; and 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.
Regular Session is reconvened at 11:40 PM, and it is
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation; and 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.
It is noted that a motion and vote were taken during the Closed Executive Session.
UNANIMOUSLY VOTED: to adjourn at 11:41 PM.
Susan M. Flynn, CMC
Town Clerk