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AUGUST 9, 2022
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 9th day of August 2022 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
The Town Council interviews George Helwig concerning his interest in being reappointed to the Affordable Housing Collaborative Committee.
The Town Council interviews Christian Blaney concerning his interest in being reappointed to the Affordable Housing Collaborative Committee.
The Town Council interviews Matthew Bradywood concerning his interest in being reappointed to the Conservation Commission.
James M. Manni, Town Manager reviews License Item 6A concerning an application for a new Victualling License by New Wave Kitchen.
The Town Manager reviews the Communication items on this evening’s Agenda, beginning with Item 7A concerning an email 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.
Communication Item 7B concerns a memorandum from Mark Prince, School Superintendent requesting the Town Council to form a new Town School Building Committee and appoint members. The Town Manager notes that this item will be addressed under New Business Item 11F.
Communication Item 7C is an email from Alicia Johnson tendering her resignation from the Affordable Housing Collaborative Committee effective immediately.
Communication Item 7D is an email from Valerie Speredelozzi requesting a letter of support for a new charter school that would include a Spanish English immersion program to submit to the RI Department of Education (RIDE) and potential rental of the South Road School building. It is noted that the State of Rhode Island paid approximately $5,000 a month in rent to the Town for the use of the South Road School building during the pandemic, and it would cost approximately $50,000 a year in rent for basic utilities alone if it were to be used as a charter school. Discussion ensues relative to the status of proposed legislation on a moratorium on charter schools.
Mr. Manni notes that during the Town Manager’s Report he will provide a profile on the Town libraries, the grant application for the Peace Dale Library renovation, provide an update on RIDOT maintenance of Old Tower Hill Road, and the Town wide water ban. Chris Jacobs representing Veolia will be present for questions and discussion. The Town Manager also notes he will review the RI Blood Drive and commend Hudson Domack for his efforts in organizing it; this Item will be moved to Town Manager’s Report Item 9A.
The Town Manager reviews the New Business items on this evening’s Agenda, beginning with Item 11A relative to advertising a Public Hearing for proposed amendments to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, that would add Article III. Cannabis for the prohibition against smoking and vaporizing cannabis in public places.
New Business Item 11B concerns a request to send a letter urging the State Office of Healthy Aging to reconsider the revised Regional Point Network grant provisions. The Town currently receives $18,000 in funding for a Senior Services Specialist who provides critical information and guidance to seniors related to Senior Health Insurance, Medicare and Medicare fraud prevention programs. The new requirement of the grant stipulates that the primary contractor (currently Tri-County Community Action Plan) must provide the funded services as direct delivery and can no longer utilize community-based sub-contractors like the Senior Center.
New Business Item 11C concerns an amendment to an award of contract to Garofalo & Associates, Inc. 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.
New Business Item 11D concerns an amendment to an award of bid originally granted on February 10, 2021 to Woodard & Curran 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.
New Business Item 11E is relative to authorizing the Town Manager to enter into a contract with Union Studio 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.
New Business Item 11F concerns the creation of a School Building Committee that will consist of eight members with regard to the school construction project. The Town Solicitor will be present for discussion and questions.
Discussion ensues relative to the proposed renovation at the second floor of the Peace Dale Library and the upgrades that will take place.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
AUGUST 9, 2022
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 9th day of August 2022 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
The Pledge of Allegiance to the flag is given.
The Land Acknowledgement Statement is read.
Roll Call is taken and all members are present.
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on July 25, 2022 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on July 25, 2022 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on July 25, 2022 are accepted.
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6B. It was voted to grant 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) 6C. It was voted to grant 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; Renewal. License No. 61447.
(CA) 6D. It was voted to grant 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.
(CA) 7B. It was voted that 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.
(CA) 7E. 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) 11G. 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.”
A. Matthew Reagan is present and after testimony and discussion, it is
UNANIMOUSLY VOTED: to grant 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.
A. UNANIMOUSLY VOTED: that 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 directs a letter of support be sent.
C. UNANIMOUSLY VOTED: that an email dated July 25, 2022 from Alicia Johnson tendering her resignation from the Affordable Housing Collaborative Committee effective immediately is accepted, and the Town Council directs that a letter of thanks be sent.
D. Valerie Speredelozzi is present and comments on a proposal she is working on relative to a new charter school that would include a Spanish language immersion program to submit to the RI Department of Education (RIDE) and is requesting a letter of support from the Town Council for the proposed school and potential rental of the South Road School building.
Discussion ensues relative to the RIDE application process and deadlines for opening a charter school, the status of the proposal, and necessary information that is needed before the Council can consider writing a letter of support. Discussion further ensues relative to concerns on guaranteeing rental of the vacant South Road School building without a comprehensive proposal and without receiving any community input. The Town Solicitor notes that the proposed legislation for a state moratorium on charter schools did not pass.
UNANIMOUSLY VOTED: that 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 continued to the next meeting.
Council President McEntee invites residents to come forward with comments.
David Flanders is present and comments on banning “nips” bottles and the status of letters the Town sent to the RI Department of Business Regulation, RI Department of Environmental Management, and RI Resource Recovery Corporation relative to legislation enacting a “nips” ban. Mr. Flanders also reviews RI General Law § 23-18-12.3 relating to beverage container and recycling requirements, and states it is not being enforced.
The Town Solicitor states that the Town received acknowledgement that the letters were received and clarifies that RI General Law § 23-18-12.3 is not enforceable by cities and towns.
Tiger Patrick, State Commander of Veterans of Foreign Wars (VFW) is present and states he will be requesting a proclamation honoring Tony Faella as the oldest member of the VFW and presents a proclamation to James Manni in recognition of his 25 years of police service.
Theresa Tanzi is present and congratulates James Manni for his appointment as Town Manager. Ms. Tanzi comments on her attendance at the RI Drought Advisory Subcommittee meeting relative to the southern part of the state experiencing severe droughts and the importance of making declarations for the affected areas to receive better access to federal and state resources.
Gary Chapman is present and comments on program grants from the RI Water Resource Board and potentially applying for these grants to fund water supply facility improvements.
Dorald Beasley is present and comments in opposition to recreational marijuana sales in South Kingstown and the importance of receiving a revenue projection from the state on recreational marijuana sales.
Discussion ensues relative to the ability for compassion centers to obtain recreational marijuana sales licenses, and the RI Cannabis Act allowing municipalities to authorize a referendum regarding whether cannabis licenses shall be issued within the municipality.
Mr. Beasley further comments on Town Charter provisions for membership on the School Building Committee.
The Town Manager introduces eight-year-old Hudson Domack, his mother Jessica Domack, and Heather Robenhymer, Account Manager from the RI Blood Center and gives a brief overview of the RI Blood Drive being held during the month of August. Hudson comments on his experience needing 96 blood transfusions within the first year of his life and in order to give back to the community and express his thanks to the Blood Center he organizes a blood drive every year for his birthday. His goal is to get 96 donors and requests people to consider donating. Ms. Robenhymer reviews the country-wide blood shortage and the importance of blood donations. Hudson’s blood drive code is 0943.
The Town Manager presents a profile on the Town Libraries. The Peace Dale Library was originally built in 1891 as a theater and was later donated to the Town by the Hazard family. The Peace Dale Library averages about 175 visitors per day.
It is noted that the livestream experienced technical difficulties due to weather conditions and discussion ensues relative to continuing the meeting. The Town Solicitor notes that there are no Open Meeting Act violations and the meeting can continue.
Mr. Manni resumes his presentation on the Town Libraries. The Kingston Free Library originally built between 1775 and 1776 as a county courthouse and served as one of the original state houses for the General Assembly. The Library averages about 45 visitors per day. The Robert Beverly Hale Library located in the Matunuck area was originally bult in 1896 in dedication to the son of author Edward Hale who wrote “A Man Without A Country”, and the Library averages 17 visitors per day. Mr. Manni reviews the budget for the three libraries and states that approximately 25% of the library budget is funded by the State with the remaining percentage being from the tax levy. There are 10 full-time employees, 16 part-time employees, and 8,282 library cardholders. The Town is currently applying for a grant to upgrade the second floor of the Peace Dale Library.
The Town Manager reviews RI Department of Transportation (DOT) maintenance of Old Tower Hill Road. The area including the medians and sidewalks are being cleaned up and maintained. RIDOT is coming back in October to maintain the bio-retention areas further.
The Town Manager gives an update on the Town-wide water ban that was put into effect on July 11, 2022. The water used in a day exceeds the water collected in a night and a high percentage of the water was being used to water lawns. Richard Bourbonnais, Director of Public Services/Town Engineer and Chris Jacobs, Representative from Veolia are present for discussion and questions. Factory Pond is already capped and the other aquifer in Green Hill has three existing wells, but an insufficient filtration system which would cost approximately $12 million to bring them to the required standards. The Town is making efforts to obtain congressional funding for this project and a plan is being put in place.
Chris Jacobs gives a brief synopsis on the all-outdoor water ban enacted in response to increased water demand and lack of rainfall which hasn’t yet improved. Mr. Jacobs reviews his attendance at the RI Drought Advisory Subcommittee meeting relative to providing a drought advisory to the governor for assistance. Essential water use is sustainable with the current aquifer conditions, and issues arise with increased irrigation.
Discussion ensues relative to the water ban timeline and weather conditions, the collaboration with Narragansett on pumping schemes due to a shared water pump, and Veolia’s long term and short-term goals.
Mr. Jacobs notes the main issue with water usage is automatic sprinkler systems. Veolia’s long term goal is researching for a new well source outside of the current aquifer and working on a feasibility study. Short term goals are consistent maintenance and improvements on their wells. Mr. Jacobs notes there is not a lot that can be done when in a drought and conservation is essential.
Discussion ensues relative to the high volume of turf farms pulling from the Chipuxet aquifer, the ability to monitor household water usage, educating households on water conservation, and drought resistant plantings for lawns. Veolia has water saving kits available at their office. The outdoor water saving kits consist of lower use nozzles, rain gauge, and a moisture gauge. The indoor kits consist of low volume shower heads, and other water reduction tools.
The Town Manager’s Miscellaneous Report dated August 4, 2022 is accepted, approved and placed on file.
UNANIMOUSLY VOTED: to reappoint George Helwig to the Affordable Housing Collaborative Committee for a term to expire August 2025.
UNANIMOUSLY VOTED: to reappoint Christian Blaney to the Affordable Housing Collaborative Committee for a term to expire August 2024.
UNANIMOUSLY VOTED: to reappoint Matthew Bradywood to the Conservation Commission for a term to expire September 2025.
Discussion ensued relative to technology issues while streaming the Council meetings, and technology improvements earmarked under ARPA funds.
It was voted to add to the Agenda for discussion purposes, technology improvements to the Town Council Chambers, and that a technology report be provided at the next meeting.
A. UNANIMOUSLY VOTED: to authorize 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, prohibiting cannabis smoking/vaporizing in public places, 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. UNANIMOUSLY VOTED: to authorize 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. UNANIMOUSLY VOTED: to authorize 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. UNANIMOUSLY VOTED: to authorize 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. UNANIMOUSLY VOTED: to authorize 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. Mark Prince, School Superintendent is present and reviews their proposed School Building Committee (SBC) membership, and the RI Department of Education (RIDE) membership requirements. Mr. Prince also reviews the community events, school facility assessments, demographic studies, interviews with the Administration, and educational program reviews that will be presented to the SBC for analysis. Stage I of the process is assessing and identifying that facilities are in need, and Stage II of the process includes formation of the SBC, their review of all studies and assessments, and making recommendations to solve identified needs. The estimated timeline for Stage II would be approximately between September 2022 and February 2023. Findings will be presented to the School Committee and then presented to the Council if approved.
The Town Solicitor reviews RIDE membership appointment requirements, noting that the School Committee’s proposal meets the requirement of a minimum of 8 members. The Council is free to add members they wish to appoint as long as those members fit RIDE criteria with the exception of the School Committee members.
Discussion ensues relative to RIDE application deadlines, December 1, 2023 being the shovel ready deadline to maximize state reimbursement, the effects on the timeline if the proposed SBC members are not approved at this meeting, and the ability to submit a RIDE application without appointed members. It is noted that School Committee members appointed to the SBC are designated by the School Committee. Concerns are noted relative to the School Committee exchanging members due to upcoming elections, and not considering other community members to serve.
Mr. Prince reviews the community education process, offers to provide periodic updates to the Town Council, and states the SBC meetings will be held as public meetings without a public comment section in accordance with the RI Open Meetings Act.
Discussion ensues relative to establishing the Committee, the ability to appoint additional members at a future date, and the process for choosing the proposed member with architectural and construction experience.
Mr. Prince discusses establishing and organizing SBC meetings, inspection of the school facilities, and efforts in community engagement.
Discussion ensues relative to the importance of understanding the charge of the SBC and what decision making power they will hold. The SBC will be responsible for reviewing school facility assessments, demographic studies, interviews with the Administration, and educational program reviews; and making recommendations to the School Committee. If the recommendations are approved by the School Committee, they will then be submitted to the Town Council for review and approval. Discussion ensues further relative to adding Lucas Murray, Director of Administrative Services and Brian Silvia, Finance Director to the SBC, and issues with appointing too many members to the SBC.
Discussion ensues relative to the importance of allowing public comments at the SBC meetings, within reason so that work of the Committee can still be accomplished. It is further discussed that the details of Stage I of the process only identifies that there are needs, and Stage II is when a plan gets developed to address those needs. There is general consensus to remove one School Committee member and add the Town’s Director of Administrative Services, for a total of 9 members.
Discussion ensues relative to the benefits of having an odd number of committee members.
Councilwoman Kelso makes a motion to create a School Building Committee and appoint members as proposed by the School Committee, with the elimination of one School Committee member and the addition of the Director of Administrative Services, for a total of 9 members.
The Town Solicitor advises that the motion should include the School Building Committee charge as presented.
Councilwoman Kelso states that her motion leaves the selection of a School Committee member to the Chair of that body.
Discussion ensues relative to the RIDE requirement that the School Committee appoint 3 ex-officio voting members, meaning that they serve by virtue of their respective positions, those being the School Superintendent, the High School principal and a member of the School Committee.
Councilwoman Kelso continues her motion: the Town Council will name their appointments of the Superintendent of Schools, Mark Prince; the School Committee Chair will choose a member to represent that body; the local official responsible for building maintenance will be Brian Mahoney; the representative of the office or body authorized by law to construct school buildings in the municipality will be James Manni; the School Principal will be Chip McGair; the member who has knowledge of the educational mission and function of the facilities should be named by the School Committee, there is some uncertainty about that position at the moment; local budget official or member of the local finance committee will be Raquel Pellerin; member of the community with architectural, engineering and/or construction experience will be David Palazzetti; and we will add the Director of Administrative Services, Lucas Murray.
Council Vice President Collins seconds the motion.
Discussion ensues.
Dorald Beasley comments on having two sub-committees, one for the High School and one for the remaining schools.
A roll call vote is taken, and it is
VOTED: to create a Town of South Kingstown School Building Committee (SBC) to consist of nine 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. Superintendent of Schools: Mark Prince
2. One School Committee Member: to be designated by the Chairwoman
3. Local official responsible for building maintenance: Brian Mahoney, School Facilities Superintendent
4. Representative of the office or body authorized by law to construct school buildings in the municipality: James Manni, Town Manager
5. School Principal: Chip McGair, High School Principal
6. Member who has knowledge of the educational mission and function of the facilities: to be chosen by the School Committee
7. Local budget official or member of the local finance committee: Raquel Pellerin, School Department Chief Financial Officer
8. Community member with architectural, engineering and/or construction experience: David Palazzetti
9. Director of Administrative Services: Lucas Murray
Councilwoman Bergner voted against.
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 9:52 PM pursuant to RIGL §42-46-5(a)(4) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal.
Regular Session is reconvened at 10:12 PM, and it is
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(4) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal.
It is noted that no votes were taken in Closed Executive Session.
UNANIMOUSLY VOTED: to adjourn at 10:13 PM.
Susan M. Flynn, CMC
Town Clerk