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WORK SESSION 
SEPTEMBER 27, 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 27th day of September 2021 at 7:00 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. A. INTERVIEW
The applicant scheduled for an interview this evening is unable to attend.
1. B. WORK SESSION
Theresa Murphy, Interim Town Manager reviews the new license applications under consideration this evening, including a request for Holiday Sales, Dance and Tourist Accommodation Licenses by Shepherd’s Run; and a request for a Holiday Sales License by Frills of Galilee.
Discussion ensues relative to Communication Item 7A, a proclamation adopted by the Bristol Town Council declaring the month of October to be Dysautonomia Awareness Month.
Discussion ensues relative to Communication Item 7D regarding traffic concerns on Sweet Allen Farm Road.
Discussion ensues relative to Communication Item 7F, emails from Denise Mann concerning her neighbor’s “free roaming” chickens and turkeys. This type of incident is considered a civil trespass issue. The regulation of fowl has been a topic of discussion in previous years. Should the Town adopt an ordinance in this regard, it would require enforcement.
Discussion ensues relative to Communication Item 7I concerning traffic issues involving delivery trucks at the new location of Liberty Wine & Spirits on Kingstown Road.
Discussion ensues relative to potential appointments to the Zoning Board of Review and the Board of Canvassers.
Discussion ensues relative to New Business Item 11B authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to expansion of the Middlebridge Sewer Area to incorporate a portion of Tax Assessor’s Plan 43-1, Lot 1 into the Middlebridge Sewer Area.
Discussion ensues relative to New Business Item 11C authorizing an award of bid to Monroe Tractor, 47 Southwest Cutoff, Worcester, MA 01604 for a 2021 Case 721GXR Payloader in an amount not to exceed $151,116.
Discussion ensues relative to New Business Items 11D and E rescinding an award of bid granted June 14, 2021 to JCI Jones Chemicals for sodium bisulfite at the unit bid price of $1.50 per gallon, and authorizing an award of bid to PVS Chemical Solutions for sodium bisulfite at the unit bid price of $1.63 per gallon.
Joel Ewing-Chow, Police Chief reviews New Business Item 11F authorizing the Police Chief to execute a Memorandum of Agreement with The Providence Center for the Crisis Intervention Team Program.
Discussion ensues relative to New Business Item 11G authorizing an award of bid to Liberty Chevrolet, Inc. for one 2022 Chevrolet Silverado Pickup 2500HD, Crew Cab 4x4, per bid specifications in an amount not to exceed $34,365 for the EMS
Discussion ensues relative to New Business Item 11H authorizing an award of bid to AT Northern Warwick, LLC for a 2023 International HV 607 dump truck with Viking dump body and Viking snowplow in an amount not to exceed $168,359.
Discussion ensues relative to New Business Item 11I authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to a proposed amendment to the Town Code, Chapter 10 Motor Vehicles and Traffic to add a stop sign at Abbey Road and Winter Street.
Discussion ensues relative to New Business Item 11J authorizing an award of contract to a consultant firm for executive search services for the position of Town Manager.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
SEPTEMBER 27, 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 27th day of September 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.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on September 13 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on September 13, 2021 are accepted, approved and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of Communication Item 7C.
(CA) 6C. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2021 to Four Seasons Food Mart, LLC d/b/a Four Seasons Food Mart, 99 Fortin Road, Kingston, RI 02881. Application by Muhammad Zubair, Member; Renewal. License No. 60778.
(CA) 6D. UNANIMOUSLY VOTED: to grant Farm Produce Licenses for the year beginning December 1, 2021 to the following; Renewals:
Faella Farm, 1072 Saugatucket Road, Peace Dale, RI 02879. Application by Martha Faella, Owner. License No. 59797.
Stoney Acres Farm, 140 Stoney Acres Way, Wakefield, RI 02879. Application by Linda M. Stedman, Owner. License No. 59131.
(CA) 7B. UNANIMOUSLY VOTED: that an email dated September 10, 2021 from S. Windus expressing concerns regarding parking at the Kingston Free Library is received and placed on file.
(CA) 7E. UNANIMOUSLY VOTED: that a resolution adopted September 13, 2021 by the New Shoreham Town Council in support of Block Island Pride, September 16-19, 2021 is received and placed on file.
(CA) 7G. UNANIMOUSLY VOTED: that an email dated September 17, 2021 from David Fornaro to Charles E. Vandemoer, Trustom Pond National Wildlife Refuge Manager expressing ongoing concerns regarding new hunting regulations is received and placed on file.
(CA) 7H. UNANIMOUSLY VOTED: that an email dated September 21, 2021 from Nicole Gardner concerning the restroom facilities at Old Mountain Field and a response from the Parks Superintendent are received and placed on file.
(CA) 7J. UNANIMOUSLY VOTED: that a letter dated September 9, 2021 from Steven Pinch, Chief, Union Fire District inviting Town Council members to attend the Annual Firefighter’s Memorial Ceremony on Sunday, September 26, 2021 is received and placed on file. (9/16/2021 Interim, Item C.)
(CA) 7K. 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 Tax Assessor to abate taxes in the total amount of $5,101.34, as shown on Tax Abatement Request No. 592.
(CA) 11K. 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. Ryan Schoen, applicant is present and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant Holiday Sales, Dance and Tourist Accommodation Licenses to Shepherd’s Run, LLC d/b/a Shepherd’s Run, 4780 Tower Hill Road, Wakefield, RI 02879 for 10 guest rooms. Application by Ryan Schoen, Member, 12 Grand Street, Stonington, CT 06378; New. License No. 72550.
B. Elizabeth DiBiasio, applicant is present and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Holiday Sales License to Frills of Galilee, LLC d/b/a Frills of Galilee, 35 D South County Commons Way, Wakefield, RI 02879. Application by Elizabeth DiBiasio, Member, 397 Gardiner Road, West Kingston, RI 02892; New. License No. 72585.
7. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that a proclamation adopted by the Bristol Town Council declaring the month of October to be Dysautonomia Awareness Month is received and placed on file, and it was voted to support Dysautonomia Awareness Month in South Kingstown.
C. Discussion ensues regarding the status of plans for Saugatucket Park and a grant for technical services for stormwater management, and it is
UNANIMOUSLY VOTED: that an email dated September 13, 2021 from Susan Marcus providing an announcement of a public meeting sponsored by the Economic Development Committee regarding the Saugatucket Park and River scheduled for September 21, 2021 at the Contemporary Theater outdoor stage is received and placed on file.
D. UNANIMOUSLY VOTED: that an email dated September 14, 2021 from Darin Pierce regarding traffic concerns on Sweet Allen Farm Road is received, placed on file and referred to the Police Department for review.
F. Denise Mann is present and testifies concerning “free roaming” chickens invading her property. The Town Solicitor will prepare a memo prior to the next meeting and could provide a draft ordinance. The Police Chief indicates that the Animal Control Officer can investigate Mrs. Mann’s complaint and document the property conditions and any damage. Further discussion ensues, and it is
UNANIMOUSLY VOTED: that emails dated September 16 and 19, 2021 from Denise Mann concerning her neighbor’s “free roaming” chickens and turkeys are received, placed on file and referred to the Town Solicitor and the Animal Control Officer.
I. Joseph Paglia, owner of Liberty Wine and Spirits is present and testifies concerning delivery trucks at the new location of his liquor store, and indicates that only box trucks will be allowed and will utilize a revised entry plan.
Discussion ensues relative to the drop off and pick up of students at the nearby Peace Dale Elementary School, and it is
UNANIMOUSLY VOTED: that an email dated September 22, 2021 from Rebecca Downing concerning traffic issues involving delivery trucks at Liberty Wine & Spirits is received and placed on file.
8. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
Nicole Solas is present and comments on alleged violations of the Open Meetings Act with regard to the mailer investigation report and whether criminal charges should be brought against the former School Superintendent.
Discussion ensues, and it is
VOTED: to add the topic of the mailer investigation report and allegations of OMA violations to the Agenda for discussion purposes.
Vice President McEntee and Councilwoman Kelso voted against.
Discussion ensues regarding the Town’s mailer investigation report being brought to the RI State Police to determine if criminal violations were discovered, and the Town Council President and Town Solicitor’s responses to the State Police Detective’s inquiries. The scope of the Town’s investigation was limited to the student data breach, and the official report and findings have been made public.
Steve Corley is present and comments on the Upper College Road exit to Route 138, URI’s plans to develop 25 acres of farmland, and school budget issues.
Paula Whitford is present and comments on the proximity of the new location of Liberty Wine & Spirits to Peace Dale Elementary School, a lack of School Zone signs near Kingstown Road, and the 200’ rule regarding location of liquor businesses near schools.
UNANIMOUSLY VOTED: to add the topic of Liberty Wine & Spirits new location and the 200’ rule to the Agenda for discussion purposes.
The Town Solicitor reviews State Law that imposes a 200’ rule for proximity to schools on Class B liquor businesses such as restaurants and bars, but not to Class A Retail liquor stores. The Zoning Board of Review specified the ingress and egress of delivery trucks in granting a Special Use Permit for the Liberty Wine location on Kingstown Road, and if that is violated it can be addressed by the Zoning Official or by the Town Council at the time of license renewal.
Discussion ensues.
Jim O’Neill is present and suggests that decorative lighting be extended on Main Street past Saugatucket Park up to the Mews Tavern and Smithco, and comments on the University’s plans for a commercial project on existing farmland.
Greg Sweet is present and comments on the mailer investigation report.
9. TOWN MANAGER’S REPORT
The Interim Town Manager discusses the recommendation not to pursue purchase of the State property on Stonehenge Road; an invitation has been extended to the URI President to meet with the Town Council; and the bid for a project management consultant for the American Rescue Plan funding. The Town Manager’s Interim Report dated September 16, 2021, and the Miscellaneous Report dated September 23, 2021 are accepted, approved and placed on file.
10. APPOINTMENTS
A. UNANIMOUSLY VOTED: to promote Susan Walsh to full member of the Zoning Board of Review to fill a term to expire in March of 2023.
B. UNANIMOUSLY VOTED: to appoint Nathaniel Merrill to the Waterfront Advisory Commission for a term to expire in June 2024.
11. NEW BUSINESS
B. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to expansion of the Middlebridge Sewer Area to incorporate a portion of Tax Assessor’s Plan 43-1, Lot 1 into the Middlebridge Sewer Area, subject to the terms and conditions set forth in the Town Code, Chapter 19 Utilities, Article II. Wastewater Management, Section 19-146. Special area sewer assessments, fees and user charges.
C. UNANIMOUSLY VOTED: to authorize an award of bid to Monroe Tractor, 47 Southwest Cutoff, Worcester, MA 01604 for a 2021 Case 721GXR Payloader in an amount not to exceed $151,116; as further described in a memorandum from the Public Services Director to the Interim Town Manager dated September 14, 2021 and entitled “Bid Recommendation – Rubber Tire Payloader.”
D. UNANIMOUSLY VOTED: to rescind an award of bid granted June 14, 2021 to JCI Jones Chemicals, 1765 Ringling Boulevard, Sarasota, FL 34236 for sodium bisulfite at the unit bid price of $1.50 per gallon; as further detailed in a memorandum from the Public Services Director to the Interim Town Manager dated September 14, 2021 and entitled “Bid Recommendation Change – Wastewater Chemicals.”
E. UNANIMOUSLY VOTED: to authorize an award of bid to PVS Chemical Solutions, 10900 Harper Avenue, Detroit, MI 48213 for sodium bisulfite at the unit bid price of $1.63 per gallon; as further detailed in a memorandum from the Public Services Director to the Interim Town Manager dated September 14, 2021 and entitled “Bid Recommendation Change – Wastewater Chemicals.”
F. UNANIMOUSLY VOTED: to authorize the Police Chief to execute a Memorandum of Agreement with The Providence Center, 528 North Main Street, Providence, RI 02904 for the period of performance October 1, 2021 to June 30, 2022, with payment to TPC in an amount not to exceed $20,000 for consideration of work and services covered by the Agreement; and as further described in a memorandum from the Police Chief to the Interim Town Manager dated September 16, 2021 and entitled “Memorandum of Agreement – The Providence Center – Crisis Intervention Team Program.”
G. UNANIMOUSLY VOTED: to authorize an award of bid to Liberty Chevrolet, Inc., 90 Bay State Road, Wakefield, MA 01880 for one 2022 Chevrolet Silverado Pickup 2500HD, Crew Cab 4x4, per bid specifications in an amount not to exceed $34,365; and as further described in a memorandum from the Director of EMS to the Interim Town Manager dated September 21, 2021 and entitled “Bid Recommendation – EMS Administrative Vehicle.”
H. UNANIMOUSLY VOTED: to authorize an award of bid to AT Northern Warwick, LLC, 17 O'Keefe Lane, Warwick, RI 02888 for a 2023 International HV 607 dump truck with Viking dump body and Viking snowplow in an amount not to exceed $168,359; as further described in a memorandum from the Public Services Director to the Interim Town Manager dated September 22, 2021 and entitled “Bid Recommendation – 6 Wheel Dump Truck with Snowplow.”
I. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to a proposed amendment to the Town Code, Chapter 10 Motor Vehicles and Traffic as follows:
Chapter 10 Motor Vehicles and Traffic
Article I. In General
Section 10-12. Boulevard and street stop signs designated.
ADD:
Abbey Road and Winter Street. Traffic to stop on Abbey Road at intersection.
J. Discussion ensues relative to the proposals received from three respondents to the Request for Proposals for executive search services.
Council Vice President McEntee indicates that Municipal Resources is his first choice.
Councilwoman Kelso indicates that Municipal Resources is her first choice, Randi Frank Consulting is her second choice.
Councilwoman Rose indicates that Municipal Resources is her first choice.
Councilwoman Bergner indicates that she prefers Municipal Resources, but likes Randi Frank’s evaluation criteria and follow-up and review.
Council President Collins indicates that Municipal Resources is his first choice.
Discussion ensues relative to the services that will be provided.
The Town Solicitor reviews the search process and advises that he will prepare a contract with the chosen consultant.
Discussion ensues relative to the timeline for the search and hiring process, and it is
UNANIMOUSLY VOTED: to authorize an award of contract to Municipal Resources, Inc., 66 Main Street, Suite B, Plymouth, NH 03264 for executive search services for the position of Town Manager in accordance with specifications in Bid #SK0002TM and in an amount not to exceed $25,000.
UNANIMOUSLY VOTED: to adjourn at 9:28 PM.
Susan M. Flynn, CMC
Town Clerk