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TOWN COUNCIL AGENDA
TOWN OF SOUTH KINGSTOWN
RHODE ISLAND
TUESDAY, AUGUST 9, 2022
WORK SESSION – 7:00 PM
REGULAR SESSION – 7:30 PM
TOWN COUNCIL CHAMBERS
180 HIGH STREET
WAKEFIELD, RI
TOWN COUNCIL
Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
James M. Manni, Town Manager
Michael A. Ursillo, Esquire, Town Solicitor
Susan M. Flynn, CMC, Town Clerk
Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station. Standard COVID-19 protocols in town buildings apply to all meeting attendees. Masks are optional, but attendees are asked to maintain social distancing.
NOTE: Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.
DATE POSTED: 8/4/2022
1. A. INTERVIEWS – 7:00 PM
See Attachment A for Boards and Commissions Appointments Report.
B. WORK SESSION – immediately following
All items listed on Town Council agenda are subject to discussion.
C. REGULAR SESSION – 7:30 PM
Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.
2. A. PLEDGE OF ALLEGIANCE TO THE FLAG
B. LAND ACKNOWLEDGEMENT STATEMENT
3. ROLL CALL
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session – July 25, 2022
B. Regular Session – July 25, 2022
C. Closed Executive Session – July 25, 2022
5. CONSENT AGENDA
* * * * * * * * * * * * * * * * *
I. Rule 10A. for the conduct of the meetings of the South Kingstown Town Council: Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President. The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information 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.
II. Rule 11: No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.
III. Rule 13: All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.
IV. Rule 18: Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested. Correspondence relating to personnel issues or personal matters shall not be placed on the agenda. The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear. Correspondence not placed on the agenda may be available for public review pursuant to the Access to Public Records Act.
V. Pursuant to 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. A resolution granting a Victualling License to New Wave Kitchen, LLC d/b/a New Wave Kitchen, 359 Main Street, Wakefield, RI 02879 subject to RI Department of Health approval. Application by Matthew Reagan, Member; New. License No. 76252.
(CA) B. A resolution granting Farm Retail Sales and Holiday Sales Licenses to Clark Farms, Inc. d/b/a Clark Farms, 2985 Comm. O. H. Perry Highway, Wakefield, RI 02879. Application by Richard Clark, President; Renewals. License No. 75933.
(CA) C. A resolution granting Victualling and Holiday Sales Licenses to the following; Renewals:
Jools, LLC d/b/a Java Madness, 13 Salt Pond Road, Wakefield, RI 02879 subject to Union Fire District approval. Application by Mark LaHoud, Member. License No. 59708.
PKR Serendipity LLC d/b/a Swirls and Scoops, 1916 Kingstown Road, Wakefield, RI 02879. Application by Paulina Reves, Member. License No. 70851.
S & C Ice Cream, Inc. d/b/a Brickley’s Ice Cream, 322 Main Street, Wakefield, RI 02879. Application by Chris Brophy, President. License No. 61447.
(CA) D. A resolution granting a Victualling License to Meldgie’s Rivers Edge Café, LLC d/b/a Meldgies’ Rivers Edge Café, 406 B Main Street, Wakefield, RI 02879 subject to Union Fire District approval. Application by Mark Eldridge, Member; Renewal. License No. 61432.
7. COMMUNICATIONS
A. An email dated July 15, 2022 from Marissa Moniz, Executive Administrative Assistant requesting a letter of support for Thundermist Health Center’s HRSA Health Center Program Service Area Competition grant application is received, placed on file, and the Town Council further directs .
(CA) B. A memorandum dated July 21, 2022 from Mark Prince, School Superintendent requesting the Town Council to form a new Town School Building Committee and appoint members is received, placed on file, and referred to New Business Item 11F.
C. An email dated July 25, 2022 from Alicia Johnson tendering her resignation from the Affordable Housing Collaborative Committee effective immediately is received, placed on file, and the Town Council further directs .
D. An email dated August 3, 2022 from Valerie Speredelozzi requesting a letter of support for a proposed new Spanish language immersion charter school and potential rental of the South Road School building is received, placed on file, and the Town Council further directs .
(CA) E. 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.”
8. COMMENTS FROM INTERESTED CITIZENS
9. TOWN MANAGER’S REPORT
A. Report on Town Libraries.
B. Update on RIDOT maintenance program for Old Tower Hill Road.
C. Update on Town-wide water ban.
10. APPOINTMENTS
A. A resolution appointing _______________ to the _________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)
11. NEW BUSINESS
A. A resolution authorizing the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, that would add Article III. Cannabis, as follows:
CHAPTER 12
OFFENSES AND MISCELLANEOUS PROVISIONS
ADD:
ARTICLE III. CANNABIS
Sec. 12-36. Definitions
For the purposes of this chapter, “cannabis” shall be defined by R.I. General Laws § 21-28.11-3(6), as amended.
Sec. 12-37. Prohibition Against Cannabis Smoking/Vaporizing in Public Places.
No person shall smoke or vaporize cannabis in public places, including outdoor common areas, parks, beaches, athletic and recreational facilities, and other public spaces.
Sec. 12-38. Enforcement.
Any person who violates the provisions of this chapter may be fined $100 for the first offense, up to $250 for a second offense, and up to $500 for a third offense.
This Ordinance shall take effect upon passage.
B. A resolution authorizing the Town Manager to send a letter on behalf of the Town Council to the State Office of Healthy Aging urging re-consideration of the revised Regional Point Network grant RFP; and to continue the option of sub-contracting with community-based senior centers to provide critical information and guidance to seniors regarding Senior Health Insurance, Medicare and Medicare fraud prevention programs; and as further described in a memorandum from the Leisure Services Director to the Town Manager dated August 2, 2022 and entitled “Grant Funding Reduction – Tri-County Community Action.”
C. A resolution authorizing an award of contract to Garofalo & Associates, Inc., 85 Corliss Street, Providence, RI 02940 for engineering services for the Fresh Meadow Brook Culvert Repair Project in an amount not to exceed $69,675, including a contingency of $10,000, with funding from the Road Improvement Reserve Fund; as further described in a memorandum from the Public Services Director to the Town Manager dated August 1, 2022 and entitled “Broad Rock Road, Fresh Meadow Brook Culvert Repair Engineering Services Recommendation.”
D. A resolution authorizing an amendment to an award of bid originally granted on February 10, 2021 to Woodard & Curran, 33 Broad Street, Providence, RI 02908 for Green Hill Pond, Factory Pond Stream and Teal Pond Stream Total Maximum Daily Load (TMDL) and Nitrogen Reduction Engineering Services from an amount not to exceed $159,200, including a contingency of $30,000, to an amount not to exceed $289,200 with funding from the TMDL Capital Reserve Fund; and as further described in a memorandum from the Director of Public Services to the Town Manager dated August 2, 2022 and entitled “Green Hill Pond, Factory Pond Stream and Teal Pond Stream, Total Maximum Daily Load (TMDL) and Nitrogen Reduction, Engineering Services Recommendation – Change of Scope.”
E. A resolution authorizing the Town Manager to enter into a contract with Union Studio, 160 Mathewson Street, #201, Providence, RI 02903 for architectural services to assist the Town in the preparation of a grant application under the State of Rhode Island’s American Rescue Plan Act (ARPA) Coronavirus Capital Projects Fund (CFP) to renovate the old main reading room balcony at the Peace Dale Library in an amount not to exceed $15,000; as further described in a memorandum from the Planning Director to the Town Manager dated August 2, 2022 and entitled “Peace Dale Library – Grant (ARPA).”
F. A resolution creating a Town of South Kingstown School Building Committee (SBC) to consist of eight members with regard to the school construction project to consist of construction and/or renovation to the South Kingstown High School, so that the SBC may provide input relative to the effect of the project on the community, examine any building design and construction plans for reasonableness, and, if the Town proceeds to construct the project in question, so that the SBC may be responsible for the planning and supervision of the construction. The SBC shall continue in office until discharged by vote of both the School Committee and the Town Council or, if the project proceeds to construction, until the formal acceptance by the Town of the project. The membership of the SBC is as follows:
1. _______________________________________________
2. _______________________________________________
3. _______________________________________________
4. _______________________________________________
5. _______________________________________________
6. _______________________________________________
7. _______________________________________________
8. _______________________________________________
(CA) G. 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.”
12. CLOSED EXECUTIVE SESSION
A. A Closed Executive Session pursuant to RIGL §42-46-5(a)(4) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal.
Attachment A
Boards and Commissions Appointments Report
The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.
Affordable Housing Collaborative Committee (7 members; 3 year term)
Vacancies: terms expire August 2025 (Kenneth Burke and Liz Karp resigned)
Reappointment for a term expired in August 2021: Christian Blaney wishes to be reappointed (to be interviewed 8/9/2022). It is reported that Mr. Blaney has attended 32 of 36 meetings held since his appointment in December 2018.
Assessment Board of Review (3 members, 1 alternate; 3 year term)
Vacancy: Alternate member term expires January 2024 (Bradford Hevenor appointed to full member to fill the term of William Salerno)
Bicycle – Pedestrian Advisory Committee (minimum 5, maximum 9 members; 2 year term)
Vacancies: two terms expire July 2023 (Jenn Judge and Kateri Collins resigned)
Conservation Commission (7 members; 3 year term)
Vacancy: term expires September 2024 (Anne Heffron did not wish to be reappointed) Reappointments for terms to expire September 2022: Christopher O’Connor does not wish to be reappointed. Matthew Bradywood wishes to be reappointed (to be interviewed 8/9/2022); awaiting response from J. Vernon Wyman. It is reported that Mr. Bradywood has attended 22 of 26, and Mr. Wyman has attended 25 of 27 meetings held since their respective appointments.
John J. McGinn (applied 2/20/2022; interviewed 3/14/2022)
Economic Development Committee (11 members, 3 year term)
Vacancy: term expires March 2023 (Marc Levitt resigned)
Historic District Commission (7 members; 3 year term)
Vacancy: term expires December 2022 (Karen DaSilva resigned)
Route 1 Stewardship Plan Development Committee (7 members)
Vacancy: Route 1 business owner (Steve Wood resigned)
John J. McGinn (applied 2/20/2022; interviewed 3/14/2022)
Route 138 Reconstruction Project Area Committee (11 members; 2 year term)
Vacancies: terms expire May 2023 (Peter Maynard did not wish to be reappointed; James Garfield, Ex-officio member of Historic District Commission resigned; and URI representative)
Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)
Vacancy: Vietnam Veteran term expires January 2025 (Mark Spangler deceased)
Statistical Modeling and Analytics Research Tools (SMART) Committee
Two vacancies: (Lauren Weinstock and Jonathan E. Daly-LaBelle resigned)
Applicant: Nathaniel H. Merrill (applied 8/11/2021)
Sustainability Committee (7 members)
Two vacancies: (Angela Tuoni and Chris Hubbard resigned)
Trustees of the South Kingstown School Funds (5 members; 5 year term)
Vacancy: term expires June 2027 (Carol Vetter resigned due to appointment to the School Committee)
Waterfront Advisory Commission (7 members; 3 year term)
Vacancy: term expires June 2025: (Barry Ennis did not wish to be reappointed)
Zoning Board of Review (5 members, 2 alternates; 3 year term)
Vacancy: Alternate #2 for a term expiring March 2023
John J. McGinn (applied 2/20/2022; interviewed 3/14/2022)