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WORK SESSION
NOVEMBER 22, 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 22nd 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 
A presentation is given by Patrick Roche, Director of Innovation, Good Energy providing an update on the Electricity Aggregation Program. Mr. Roche reviews the approval process that was undertaken, working with the RI Public Utilities Commission and National Grid. They are in the process of selecting an electricity supplier, and hope to present a recommendation to the Town Council in December. The community electricity aggregation program is expected to launch in May of 2022. Prior to that time, public education and outreach will be conducted for this voluntary participation program. Customers using National Grid as their supplier are eligible for automatic enrollment in the default option. Participants may opt out of the program at any time, without penalty. The program is open to all South Kingstown customers, with optional levels that utilize higher percentages of renewable energy.
B. INTERVIEWS
The Town Council interviews David E. Hamel relative to his interest in being reappointed to the Bicycle – Pedestrian Advisory Committee.
The Town Council interviews James D. Vogel relative to his interest in being reappointed to the Bicycle – Pedestrian Advisory Committee.
Peter Maynard is not present to be interviewed concerning reappointment to the Route 138 Reconstruction Project Area Committee.
C. WORK SESSION continued
Theresa L. Murphy, Interim Town Manager introduces Tara Sekator, Animal Control Officer who discusses control of fowl and farm animals, and the scope of the proposed amendments to the animal control ordinance. Ms. Sekator describes some of the training that Animal Control Officers undergo with regard to management of animals.
Discussion ensues relative to Public Hearing Item 7A concerning the renewal of a Class B Victualler Liquor License for Audrey’s Coffee House & Lounge, and Public Hearing 7B concerning the renewal of a Class T Legitimate Theater Liquor License for Pump House Music Works, that was continued from the previous meeting.
Discussion ensues relative to Communication Item 8A concerning a storm water issue on Dam Street.
Discussion ensues relative to Communication Item 8F concerning property tax exemptions for disabled veterans.
Discussion ensues relative to Communication Item 8H concerning a request for data on the school district
Discussion ensues relative to the executive search for a new Town Manager.
Discussion ensues relative to appointments to the Town’s 300th Anniversary Steering Committee.
The Interim Town Manager reviews New Business Item 13A congratulating World War II Army Veteran Richard Parker on the celebration of his 100th birthday.
The Interim Town Manager reviews New Business Item 13B relative to amending the number of liquor licenses authorized under the Town’s Rules and Regulations.
The Interim Town Manager reviews New Business Item 13D authorizing a Public Hearing to consider proposed amendments to the Town Code, Chapter 3 Animals and Fowl.
The Interim Town Manager reviews New Business Item 13E relative to approving the Profile and Challenge document prepared by the consultants conducting the Town Manager search.
The Interim Town Manager notes that a Closed Executive Session will be held this evening.
Discussion ensues relative to the information received in response to the request for school district data.
Discussion ensues relative to the grant applications for improvements to the Saugatucket River area.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
NOVEMBER 22, 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 22nd 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 Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on November 3 and November 8, 2021 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on November 8, 2021 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on November 8, 2021 are accepted.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
6. LICENSES
(CA) 6A. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2021 to ACL, LLC d/b/a Audrey’s Coffee House & Lounge, 60 South County Commons Way, Unit G2, Wakefield, RI 02879. Application by Jared Haibon, Member; Renewal. License No. 72080.
(CA) 6B. UNANIMOUSLY VOTED: to grant Victualling and Holiday Licenses for the year beginning December 1, 2021 to Kingstown Road Coffee, LLC d/b/a Bess Eaton, 621 Kingstown Road, Wakefield, RI 02879. Application by Mary Haverly, Managing Partner; Renewals. License No. 73160.
(CA) 6C. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:
Graphic Expressions, Inc. d/b/a Graphic Expressions, 254 Robinson Street, Wakefield, RI 02879. Application by Wayne Cahoone, President. License No. 59796.
Main Street Candy, LLC d/b/a Main Street Candy, 324 Main Street, Wakefield, RI 02879. Application by Wayne Cahoone, Member. License No. 59795.
Rhode Island CVS Pharmacy, LLC d/b/a CVS Pharmacy #2065, 11 Main Street, Wakefield, RI 02879. Application by Erin Chilinski, Licensing. License No. 64111.
(CA) 8B. UNANIMOUSLY VOTED: that emails from John Dolan Sr. and Donna Dolan; David Cote; and Karen R. Ellsworth concerning the Matunuck Fire Station project are received, placed on file and referred to the Planning Board.
(CA) 8C. UNANIMOUSLY VOTED: that an email dated November 8, 2021 from Dorald Beasley concerning the RI Department of Transportation’s Route 138 reconstruction project is received and placed on file.
(CA) 8D. UNANIMOUSLY VOTED: that an email dated November 8, 2021 from the Bureau of Ocean Energy Management advising of virtual public meetings regarding an environmental review of the proposed Mayflower Wind Energy plans to build wind turbines and offshore power substations is received and placed on file.
(CA) 8E. UNANIMOUSLY VOTED: that an email dated November 9, 2021 from Jenifer Madison, District Manager providing a copy of the Kingston Fire District’s FY2020-2021 Audited Financial Statement is received and placed on file.
(CA) 8G. UNANIMOUSLY VOTED: that an email dated November 15, 2021 from Kate Brewster, Executive Director inviting Council members to participate in the Jonnycake Center’s Thanksgiving holiday food distribution is received and placed on file.
(CA) 8I. 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) 13C. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Transfer of a Class B Victualler Liquor License from David Barnes Development, Inc. d/b/a Mews Tavern, 456 Main Street, Wakefield, RI by David Barnes, President to Yankee Foods, LLC d/b/a Mews Tavern, 456 Main Street, Wakefield, RI by Jeffrey Cammans, Managing Member for the first and second floor, mezzanine and third floor lounge including a 40 foot expansion, as described in the Special Exception granted April 20, 1994 and Special Use Permits granted September 17, 1997 and January 21, 2004 by the Zoning Board of Review, and additional tavern area in accordance with a Special Use Permit granted on February 20, 2013; and expanded service area at the rear of the existing building within the existing parking lot, consisting of a curbside pickup kiosk and hostess station with dining seating and border/separation from the parking and vehicle access, approximately 8,000 square feet, in accordance with a Special Use Permit granted March 17, 2021 by the Zoning Board of Review; and as further defined in site plans dated March 7, 2013 and April 14, 2021 on file in the Town Clerk’s office.
(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 a Liquor License for the year beginning December 1, 2021. An application for a license to sell intoxicating beverages under the provision of Title 3 of the General Laws of 1956, as amended, has been filed as follows:
CLASS B – VICTUALLER
ACL, LLC d/b/a Audrey’s Coffee House & Lounge, by Jared Haibon, Member, 60 South County Commons Way, Unit G2, Wakefield, RI for the indoor dining room and bar areas as defined in a site plan on file in the Town Clerk’s office; and outdoor service area limited to tables and seating that do not obstruct the pedestrian walkway, as further defined in the site plan titled "Outdoor Area for Audrey's Coffee House and Lounge.”
Erin Lacomb, General Manager is present and testifies on behalf of the applicant. The Coffee House expects to open soon after Thanksgiving.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to grant a license 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 license is 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 B VICTUALLER LIQUOR LICENSE
ACL, LLC d/b/a Audrey’s Coffee House & Lounge, by Jared Haibon, Member, 60 South County Commons Way, Unit G2, Wakefield, RI for the indoor dining room and bar areas as defined in a site plan on file in the Town Clerk’s office; and outdoor service area limited to tables and seating that do not obstruct the pedestrian walkway, as further defined in the site plan titled "Outdoor Area for Audrey's Coffee House and Lounge.” License No. 72080.
B. Notice having been duly given, a Public Hearing is continued from November 8, 2021 relative to the renewal of a Liquor License for the year beginning December 1, 2021. An application for a license to sell intoxicating beverages under the provision of Title 3 of the General Laws of 1956, as amended, has been filed as follows:
CLASS T – LEGITIMATE THEATER
PUMP HOUSE MUSIC WORKS, by Daniel U. Collins, President, 1464 Kingstown Road, Wakefield, RI for the Presentation Gallery and hand tool work room in accordance with a Special Use Permit granted
Council President Collins recuses himself, and Council Vice President McEntee presides over the Public Hearing.
Dan Collins is present and discusses the Pump House Music Works’ mitigation efforts regarding noise from their outdoor events. There are no outdoor concerts planned through next April, when the State allowance of outdoor events is set to expire.
A letter from Daniel Collins to the Town Council dated November 15, 2021 is referenced and placed on file.
Mark Smith, a neighboring property owner is present and comments.
Discussion ensues, and it is
VOTED: to close the Public Hearing.
Council President Collins recused.
VOTED: to grant a license 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 license is 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 T LEGITIMATE THEATER LIQUOR LICENSE
PUMP HOUSE MUSIC WORKS, by Daniel U. Collins, President, 1464 Kingstown Road, Wakefield, RI for the Presentation Gallery and hand tool work room in accordance with a Special Use Permit granted
Council President Collins recused.
8. COMMUNICATIONS
A. Mark Smith, resident at 42 Dam Street, is present and discusses water runoff on Dam Street that has affected his property, and road work done by the Town to address water runoff issues.
Jon Schock, Director of Public Services notes that Dam Street has localized flooding, and the Town has installed a berm and dry well to alleviate the problem but there is no formalized drainage in that area. A full solution would require reconstruction of Dam Street.
Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated November 5, 2021 from Councilwoman Jessica L. Rose concerning a storm water issue on Dam Street is received, placed on file, and referred to the Town Manager.
F. UNANIMOUSLY VOTED: that an email dated November 9, 2021 from Michael G. Pignataro concerning property tax exemptions for 100% disabled veterans is received, placed on file, and referred to the Tax Assessor to evaluate.
H. Jim O’Neill is present and comments on school data provided in response to his request, the use of undesignated funds, and programs at other schools, and it is
UNANIMOUSLY VOTED: that an email dated November 17, 2021 from Jim O’Neill requesting data on the School district is received and placed on file.
9. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
David Cote is present and comments on data provided relative to the Town’s Emergency Medical Services response times, and the basis for creating a south shore EMS station.
Jim O’Neill comments on the number of homes in the area south of Route 1 from Jerry Brown Farm Road to Green Hill.
Roberta Mulholland is present and comments on EMS services.
The Interim Town Manager clarifies that 53 calls in the EMS report are critical care calls.
Council President Collins comments on the Veterans Day Parade and Ceremony.
Councilwoman Bergner comments on the grand opening of the Housing Authority’s laundry facility.
10. TOWN MANAGER’S REPORT
The Interim Town Manager notes that there will be one Regular Session next month on December 13th, and the Initial Budget Hearing is scheduled for December 20th. The Town Manager’s Interim Report dated November 12, 2021, and the Miscellaneous Report dated November 18, 2021 are accepted, approved and placed on file.
Councilwoman Bergner comments on the status of re-zoning plans for Old Tower Hill Road.
Council Vice President McEntee comments on the Saugatucket Park improvement project.
Councilwoman Kelso notes that the Economic Development Committee has requested a joint work Session with the Town Council, Planning Board and Recreation Commission regarding the Saugatucket plan, perhaps in January.
11. TOWN SOLICITOR’S REPORT
A. Michael A. Ursillo, Town Solicitor reports that Municipal Resources Inc., the consultant hired to conduct the executive search for a new Town Manager, plans to obtain input from local groups regarding the search. Council members are asked to provide them a list of persons or groups that they would like included by December 1st. MRI will provide the Council with the essay questions for applicants and recruitment brochure for their review. MRI plans to attend the Town Council meeting on January 10, 2022.
Councilwoman Bergner asks how to report an Open Meetings Act violation.
The Town Solicitor reviews that the process requires submission of a complaint to the Attorney General’s Office within 180 days of the alleged violation.
12. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint David E. Hamel and James D. Vogel to the Bicycle – Pedestrian Advisory Committee for terms to expire in July 2023.
B. UNANIMOUSLY VOTED: to appoint Kimberly Rose and Beth Leconte to the Town’s 300th Anniversary Steering Committee.
13. NEW BUSINESS
A. Council President Collins reads a citation, and it is
UNANIMOUSLY VOTED: to affirm a citation congratulating World War II Army Veteran Richard Parker who celebrated his 100th birthday on November 16, 2021, as follows:
THE TOWN COUNCIL OF THE
TOWN OF SOUTH KINGSTOWN
Hereby offers its congratulations to
RICHARD PARKER
In recognition and celebration of his
100th BIRTHDAY ON NOVEMBER 16, 2021
The entire Town Council extends its best wishes and congratulations on reaching this milestone. We are honored to join your family and fellow veterans in the VFW Post 916 in thanking you for your service in the United States Army during World War II as part of the “greatest generation.”
B. UNANIMOUSLY VOTED: to amend the Town’s Liquor License Rules and Regulations, Section I. The current number of licenses for each class shall be authorized as indicated below, unless changed by a majority vote of the Town Council:
Class Number
A – Retail 4 maximum
B – Victualler 29
B – Tavern 2
B – Limited 5 4
B – Hotel 1
B – M 0
C 0
D – Club Full Privilege 1
D – Limited 0
F Five per year per organization
F – 1 Five per year per organization
T – Legitimate Theater 3
D. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 3 Animals and Fowl, Article I. In General relative to animals that leave the premises of their owners, as follows:
CHAPTER 3 ANIMALS AND FOWL
Article I. In General
***
§3-3. Reserved. Duty to prevent animals from straying – impoundment of escaped animals.
a) Duty to prevent animals from straying. Any property owner who owns and keeps any fowl, chicken, turkey, cow, horse, or other farm animal or livestock on his or her property shall ensure that said animal does not stray from their property. For a first violation of this duty, the property owner shall receive a written warning. For a second offense within a one-year period, the owner shall be fined $50. For a third offense within a one-year period, the owner shall be fined $100. The imposition of a fine may be appealed in the same manner as the imposition of impoundment costs provided in subsection (e) of this section.
b) Impoundment of strayed animal. If an animal covered under subsection (a) of this section strays from said property and enters onto the lands or property of any abutting landowner or any sidewalk, road, street, or right of way, regardless of whether it is publicly or privately owned, then the South Kingstown animal control officer or any South Kingstown police officer may impound said animal.
c) Notice of impoundment. The animal control officer shall personally hand deliver notice of such impoundment to the property owner at the property where the animal is kept within twenty-four hours of impoundment. If the animal control officer is unable to hand deliver notice within twenty-four hours, then the animal control officer shall tack notice of impoundment at a prominent location at the property where the strayed animal was kept. Notice of impoundment shall also be mailed to the owner of the property where the animal was kept by first class mail and certified mail, return receipt requested, to the address listed for said owner in the tax assessor’s database within seventy-two hours of impoundment.
d) Alternative facilities. If the Town of South Kingstown does not have adequate facilities to impound and care for the animal in question, then the animal control officer may arrange to have the animal impounded at any other public or private facility capable of impounding and caring for said animal.
e) Cost of recovering the animal. Before the owner of the animal may recover such impounded animal, the owner must pay the actual cost of impounding and caring for the animal. The costs imposed under this subsection shall be in addition to any fine imposed pursuant to subsection (a) of this section. Any costs & fine may be appealed to the Town Manager within five (5) days of notice of violation. The notice of violation shall inform the property owner of this appeal period. If no appeal is made, or if an appeal is made and the imposition of a fine or costs is upheld, then said fine or costs shall be paid within thirty (30) days thereof.
f) Disposal of impounded animal. If the owner of said animal does not pay for and recover the animal within seven (7) days of its impoundment, then the Town may adopt the animal or otherwise dispose of the animal in accordance with law.
* * *
This ordinance shall take effective upon passage.
E. Discussion ensues relative to suggestions for amendments to the Profile and Challenge document prepared by Municipal Resources, Inc. for the Town Manager search. Council members are asked to send their edits to the consultant, and it is
UNANIMOUSLY VOTED: to approve the Profile and Challenge document prepared by Municipal Resources, Inc. for the Town Manager search with the amendments proposed by Council members.
14. CLOSED EXECUTIVE SESSION
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 9:13 PM pursuant to RIGL §42-46-5(a)(2) to discuss and/or act upon matters pertaining to litigation re: Garrett Homes LLC v. South Kingstown Zoning Board, WC-2021-0397 (zoning appeal); KSL-SK, Inc. v. Jean Bouchard, WC-2020-0139 (tax appeal); and multi-district opioid 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 9:40 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 and/or act upon matters pertaining to litigation re: Garrett Homes LLC v. South Kingstown Zoning Board, WC-2021-0397 (zoning appeal); KSL-SK, Inc. v. Jean Bouchard, WC-2020-0139 (tax appeal); and multi-district opioid 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 motions were made and voted on in the Closed Executive Session.
UNANIMOUSLY VOTED: to adjourn at 9:41 PM.
Susan M. Flynn, CMC
Town Clerk