At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held via video- and tele-conference, in and for said Town on the 14th day of February 2022 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. C. 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 January 5, January 6, and January 10, 2022 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on January 10, 2022 are accepted, approved and placed on file.
C. Closed Executive Sessions: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Sessions held on December 13, 2021 and January 10, 2022 are accepted.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of Communication Item 8F.
(CA) 6H. UNANIMOUSLY VOTED: to grant a Victualling License to BOL Corporation d/b/a BOL, 318 Main Street, Wakefield, RI 02879. Application by Alix Tillett, President; Renewal. License No. 62432.
(CA) 6I. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:
Bagels of Wakefield, Inc. d/b/a Bagelz, 90 Pershing Avenue, Wakefield, RI 02879. Application by Scott Lieberman, President. License No. 59135.
Cowabunga, 254 Robinson Street, Wakefield, RI 02879. Application by Michael Baffaro, Owner. License No. 61271.
Drake Petroleum Company, Inc. d/b/a West Kingston Xtra Mart, 3411 Kingstown Road, West Kingston, RI 02892. Application by Rick Woolverton, Vice President of Operations. License No. 60093.
Jennifer Dowell d/b/a Jennifer’s Chocolates, 160 Old Tower Hill Road, Wakefield, RI 02879. License No. 61338.
South County Donuts, Inc. d/b/a Dunkin Donuts, 120 Fortin Road, Kingston, RI 02881. Application by Robert Batista, President. License No. 61271.
Sumo Sushi, Inc. d/b/a Sumo Sushi, 99 Fortin Road, Kingston, RI 02881. Application by Ki J. Lee, President. License No. 69836.
(CA) 6J. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses and Additional Hours from 2 AM to 6 AM to Shaw’s Supermarkets, Inc. d/b/a Shaw’s 2438, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Laura Lacey, Authorized Agent; Renewals. License No. 73723.
(CA) 6K. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:
HNS, Inc. d/b/a Healy News Store, 231 Robinson Street, Wakefield, RI 02879. Application by Sally Minetti, President. License No. 61260.
Kosmic Kitty, LLC d/b/a Kosmic Kitty, 329 Main Street, Wakefield, RI 02879. Application by Catherine Hanson, Member. License No. 70760.
Office Superstore East, LLC d/b/a Staples the Office Superstore, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Donna M. King, Sr. Analyst. License No. 59830.
RL Auto Group, Inc. d/b/a Speedcraft Volkswagen, 104 Old Tower Hill Road, Wakefield, RI 02879. Application by Laurie Bechard, Controller. License No. 73741.
(CA) 6L. UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales and Tourist Accommodations Licenses for 100 spaces, 343 persons to Southern Rhode Island Hospitality, LLC d/b/a Fairfield by Marriott South Kingstown RI / Newport, 3 Fairfield Way, Wakefield, RI 02879. Application by Bonnie Brake, Director of Hotel Operations; Renewals. License No. 62539.
(CA) 6M. UNANIMOUSLY VOTED: to grant Holiday Sales, Dance and Tourist Accommodations Licenses for 10 spaces, 22 persons to Shepherds Run, LLC d/b/a Shepherd’s Run, 4780 Tower Hill Road, Wakefield, RI 02879. Application by Ryan Schoen, Managing Member; Renewals. License No. 72550.
(CA) 6N. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses to Lavender Waves Farm, LLC d/b/a Lavender Waves Farm, 3814 Commodore Perry Highway, Wakefield, RI 02879. Application by Henry Cabrera, Member; Renewals. License No. 71198.
(CA) 6O. UNANIMOUSLY VOTED: to grant a Tourist Accommodations – Trailer Park License to Blackbeard Homeowners Association, 836 Matunuck Beach Road, Wakefield, RI 02879. Application by Sabrina Courville, Treasurer; Renewal: License No. 63998.
(CA) 8A. UNANIMOUSLY VOTED: that a resolution adopted December 20, 2021 by the Middletown Town Council prioritizing quality education for Middletown students, families and residents is received and placed on file.
(CA) 8D. UNANIMOUSLY VOTED: that resolutions adopted by the Tiverton Town Council requesting the State to increase the frequency of the RI Municipal Police Training Academy initial recruit training sessions, and in support of the General Assembly extending sections of RIGL §16-7-40 Increased school housing ratio are 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) 13E. 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 Cantina Del Rio of South Kingstown, LLC d/b/a Cantina Del Rio, 515 Kingstown Road, Wakefield, RI by Ramon Michel, Member to Cantina Del Rio of South Kingstown, LLC d/b/a Cantina Del Rio by Jose Antonio Santillian Corona, Member, 515 Kingstown Road, Wakefield, RI for the first floor dining room and bar area in accordance with a Special Use Permit granted by the Zoning Board of Review on May 19, 2010; and as further defined in a site plan on file in the Town Clerk’s office.
(CA) 13G. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $181.89, as shown on Tax Abatement Request No. 598.
(CA) 13J. 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. UNANIMOUSLY VOTED: continue to February 28, 2022 a resolution, continued from December 13, 2021 and January 10, 2022, granting Theater and Dance Licenses to South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI 02892. Application by Mariann Almonte, Executive Director; Renewal.
B. Mario Martone is present on behalf of the applicant, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the RI Women’s Basketball Game on Wednesday, February 16, 2022 from 5:00 PM to 8:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911. License No. 74289.
C. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the RI Women’s Basketball Game on Wednesday, February 23, 2022 from 5:00 PM to 8:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911. License No. 74290.
D. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the RI Men’s Basketball Game on Saturday, February 26, 2022 from 11:30 AM to 2:30 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911. License No. 74291.
E. The applicant is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Victualling License to Ruby Falcon LLC d/b/a Wise Guys, 99 Fortin Road, Kingston, RI 02881. Application by Yakuthan Yakut, Member; New. License No. 73604.
F. The applicant is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Special Events Permit to conduct the Narrow River Turnaround Swim in a portion of South Kingstown on June 25, 2022 at 9:00 a.m. to Narrow River Preservation Association, P.O. Box 8, Saunderstown, RI 02874 subject to the execution of a hold harmless agreement indemnifying the Town, and issuance of a Certificate of Insurance naming the Town as an additional insured for the event in the amounts specified by the Finance Director. Application by Alison Kates, Member; Renewal. License No. 73808.
G. The applicant is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Special Events Permit to conduct a portion of the Rhode Race Marathon and Half Marathon in South Kingstown on Sunday, October 23, 2022 at 7:30 AM to Rhode Races and Events, Inc., 3 Mayo Drive, Warren RI 02885 subject to the execution of a hold harmless agreement indemnifying the Town, issuance of a certificate of insurance naming the Town as an additional insured for the event in the amounts specified by the Finance Director, and RIDOT approval. Application by Karen Zyons, President; Renewal. License No. 73158.
7. PUBLIC HEARINGS
A. UNANIMOUSLY VOTED: to continue to February 28, 2022 a Public Hearing, continued from December 13, 2021 and January 10, 2022, relative to an application for renewal 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 T LEGITIMATE THEATER LIQUOR LICENSE
Application for renewal of a Class T Legitimate Theater Liquor License by South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI by Mariann Almonte, Executive Director for the first and second floor of the building, in accordance with a Special Use Permit granted by the Zoning Board of Review on November 28, 2012; and as further defined in a site plan on file in the Town Clerk’s office.
B. Notice having been duly given, a Public Hearing is held relative to an application for 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 LIMITED LIQUOR LICENSE
Application for a Class B Limited Liquor License by Caf Bar, LLC d/b/a Caf Bar, 396 Main Street, Wakefield, RI by Elias Boutros and Alexandra Caffrey-Boutros, Members for the indoor bar and dining areas only; in accordance with a Special Use Permit granted by the Zoning Board of Review on July 21, 2021; and as further defined in a site plan on file in the Town Clerk’s office. License No. 73882.
Alexandra Boutros is present with her attorney, James Callaghan, and presents testimony regarding the operation of the small restaurant, and their efforts to encourage their patrons to park on the street or in the municipal parking lot. There will be no outdoor service of alcohol, as it is restricted by their Special Use Permit.
An email dated February 10, 2022 from Mike McGrath, Rivers Edge Properties expressing concerns regarding outdoor service and parking issues is referenced and placed on file.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
13A. New Business Item 13A is brought forward, and it is
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 4 5
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
7B. The Town Council returns to a decision on Public Hearing 7B, and discussion ensues relative to the Governor’s “Take It Outside Initiative”. The Town Solicitor notes that outdoor service of alcohol is prohibited by the applicant’s Special Use Permit granted by the Zoning Board of Review.
UNANIMOUSLY VOTED: to grant an application for 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 LIMITED LIQUOR LICENSE
Application for a Class B Limited Liquor License by Caf Bar, LLC d/b/a Caf Bar, 396 Main Street, Wakefield, RI by Elias Boutros and Alexandra Caffrey-Boutros, Members for the indoor bar and dining areas only; in accordance with a Special Use Permit granted by the Zoning Board of Review on July 21, 2021; and as further defined in a site plan on file in the Town Clerk’s office. License No. 73882.
Said license is contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, filing of a Certificate of Insurance evidencing required liability coverage, compliance with all Town ordinances and regulations, the payment of any municipal taxes and user fees in arrears to the Town, and the correction of any fire code violations.
C. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 3 Animals and Fowl, Article I. In General, that would add Section 3-3. Duty to prevent animals from straying – impoundment of escaped animals, as follows:
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§3-3. Reserved. Duty to prevent animals from straying – impoundment of escaped animals.
a) Duty to prevent animals from straying. Any property owner, tenant, or lessee 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.
Council President McEntee reviews the proposed ordinance.
Councilwoman Rose states that farms should be excluded from the ordinance.
Councilwoman Kelso states that registered commercial farms should be exempt as that was not the intent of this ordinance, in Section f) the time period for an owner to recover an impounded animal should be expanded from 7 days to 14 days, and notes there are cross town issues with neighboring towns.
Discussion ensues relative to the 14 day time period for an owner to recover their animal, and how to exempt farms.
The Town Solicitor notes that farms are defined in Article 12 of the Zoning Ordinance. Small farms are those with 5 acres minimum, with principal or accessory buildings used for agricultural purposes. Intermediate farms are agricultural land with 15 acres, and large farms have 25 acres. Mr. Ursillo suggests that small farms be included in the ordinance, but exclude intermediate and large farms.
Discussion ensues.
The following are present and offer comments:
Denise Mann
Greg Sweet
Further discussion ensues. Councilwoman Rose proposes to exclude beekeepers, as bees are included as livestock.
UNANIMOUSLY VOTED: to close the Public Hearing.
Discussion ensues relative to the revisions discussed, and it is
UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 3 Animals and Fowl, Article I. In General, that add Section 3-3. Duty to prevent animals from straying – impoundment of escaped animals, as amended, as follows:
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Section 3-3. Duty to prevent animals from straying – impoundment of escaped animals.
a) Duty to prevent animals from straying. Any property owner, tenant, or lessee who owns and keeps any fowl, chicken, turkey, cow, horse, or other farm animal or livestock (excluding bees) 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) fourteen (14) days of its impoundment, then the Town may adopt the animal or otherwise dispose of the animal in accordance with law.
g) Farms exempted. The provisions of this ordinance shall not apply to farms as defined in Article 12 Definitions of the Town’s Zoning Ordinance.
This ordinance shall take effect upon passage.
D. Notice having been duly given, a Public Hearing is held to consider proposed amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows:
Chapter 10
Motor Vehicles and Traffic
Article 1. In General
Sec. 10-12. Boulevard and street stop signs designated.
Stop signs shall be placed at the following intersections, and vehicles traveling on the first-named street shall stop before entering the second-named street:
ADD:
Hopkins Lane at Kingstown Road. Traffic to stop on Hopkins Lane at intersection.
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows:
Chapter 10
Motor Vehicles and Traffic
Article 1. In General
Sec. 10-12. Boulevard and street stop signs designated.
Stop signs shall be placed at the following intersections, and vehicles traveling on the first-named street shall stop before entering the second-named street:
ADD:
Hopkins Lane at Kingstown Road. Traffic to stop on Hopkins Lane at intersection.
E. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 15 Solid Waste Management, Article I. In General and Article IV. Mandatory Residential Recycling relative to private haulers that exclusively collect recyclables other than “mixed” recyclables.
Jon Schock, Director of Public Services reviews the licensing of private haulers and recycling requirements imposed by RI Resource Recovery Corporation. Private haulers have to provide customer lists to the Town which requires substantial administration, but those who exclusively collect recyclables other than “mixed” recyclables don’t have to report their customer lists. They need to be licensed but it is recommended to waive the fee for those businesses.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 15 Solid Waste Management, Article I. In General and Article IV. Mandatory Residential Recycling relative to private haulers that exclusively collect recyclables other than “mixed” recyclables, as presented, as follows:
CHAPTER 15 SOLID WASTE MANAGEMENT
Article I. In General
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Sec. 15-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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Mixed Recyclables. Those recyclable materials designated by the RI Resource Recovery Corporation (RIRRC) that can be disposed of at the RIRRC Central Landfill materials recycling facility (MRF).
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Sec. 15-4. Private hauler licensing procedures.
(a) Private haulers who collect or transport residential and/or non-residential solid waste and/or recyclables in the town shall be annually licensed by the town council subject to the requirements of this chapter 15 of the Town Code.
(b) The annual license fee shall be established by town council resolution. There shall be no annual license fee for those contractors that provide recycling services exclusively.
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Article IV. Mandatory Residential Recycling
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Sec. 15-67. Compliance requirements.
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(c) Minimum recycling services requirements: As a condition of town licensure, all private haulers that collect municipal solid waste shall provide recycling services to each and every customer. In addition, all private haulers shall collect recyclables from each and every customer and shall ensure that the quantity of recyclables collected from customers meets or exceeds minimum town recycling diversion rates.
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Sec. 15-69. Ownership of recyclables.
Once RIRRC designated mixed recyclable materials have been deposited in the designated place, be it the resident's curb side or transfer station, said recyclable materials shall become the property of the town. As a condition of town licensure, private haulers providing private subscription collection services shall deliver all residential recyclables to the town's RHRTS or RIRRC materials recycling facility. The RHRTS and RIRRC MRF are the only facilities authorized for the disposal of private hauler collected residential recyclables. No person engaged in the business of separation, recovery, collection, removal, storage, or disposition of solid waste shall pick up or procure any recyclable materials as defined under this article or a valid regulation within the town except as specifically authorized by the public services director. This restriction shall also include any resident, taxpayer, or other person who might engage in such practice for personal gain. For a violation of this section, upon conviction the defendant shall be fined not more than one hundred dollars ($100.00) per offense. Recyclable materials other than RIRRC designated mixed recyclables shall remain the property of the recycling contractor/ hauler.
8. COMMUNICATIONS
B. UNANIMOUSLY VOTED: that an email dated January 15, 2022 from Mel Wathen, Southgansett Girl Scout Public Relations requesting a proclamation for Girl Scout Week, and for troop members to lead the pledge at the March 14th Council meeting is received, placed on file, and the Town Council directs staff to prepare a proclamation.
C. UNANIMOUSLY VOTED: that a resolution adopted January 24, 2022 by the Tiverton Town Council requesting amendments to RI General Laws related to notification of aquaculture applications before the Coastal Resources Management Council (CRMC) is received, placed on file, and referred to the Waterfront Advisory Commission.
E. Discussion ensues relative to emails received expressing concerns regarding the proposed siting of an EMS facility. The Interim Town Manager advises that there will be public engagement, and a public informational session will be scheduled prior to a Town Council meeting.
UNANIMOUSLY VOTED: voted that emails from Marlanea Peabody and Christopher Senape; Jennifer, Gregory and Sheldon Senape; and Julie and Kenneth Court expressing opposition to the proposal for an EMS facility on Ministerial Road are received, placed on file, and referred to staff to create an informational page on the Town’s website and provide public notification prior to the informational session.
F. Councilwoman Bergner comments on the need for inclusion of the Narragansett Tribe, and it is
UNANIMOUSLY VOTED: that an email dated February 7, 2022 from Alison Kates concerning the inclusion of indigenous people on the Town’s 300th Anniversary Steering Committee, and a response from the Interim Town Manager are received and placed on file.
G. Kassi Donnelly, Wood-Pawcatuck Watershed Association is in attendance and explains that the Stewardship Council has partnered with URI and is offering assistance to the Town, and it is
UNANIMOUSLY VOTED: that an email dated February 8, 2022 from Dennis Migneault, Town representative to the Wood-Pawcatuck Wild & Scenic River Stewardship Council concerning a partnership with the Town to complete the Low Impact Development (LID) Municipal Assessment from the RI Department of Environmental Management is received, placed on file, and referred to Planning Department staff.
H. UNANIMOUSLY VOTED: that an email dated February 9, 2022 from Kate C. Johnson concerning the Town’s plans for spending funding received under the American Rescue Plan Act is received, placed on file and referred for discussion under New Business Item 13B.
9. COMMENTS FROM INTERESTED CITIZENS
Council President McEntee invites residents to come forward with comments.
Aaron Robinson, President and CEO, South County Health is in attendance and requests a meeting regarding the Town Farm land swap proposal. Mr. Robinson comments that the appraised values of the properties involved would eliminate consideration by the Park Service, and expresses a desire to meet with the appraisal group to review their methodology.
UNANIMOUSLY VOTED: to add the topic of the Town Farm land swap proposal by South County Health to the Agenda for discussion.
Theresa Murphy, Interim Town Manager notes that the Town has submitted an application to the State for a land swap. The RI Department of Environmental Management (DEM) is the sponsor of the application to the National Park Service. DEM found the first appraisal not acceptable because it needed to include the LWCF designated 6F parcel that was originally funded by a grant, so a second appraisal was done which resulted in a higher value. Technical review is also required to be submitted to DEM. The Town wants to work with South County Health but has concerns with their request to meet with the appraisers.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to refer the Town Farm land swap to Town staff.
Andrew Prescott, General Counsel for South County Health is in attendance and comments on their concern with the Town Farm appraisals.
Greg Sweet is in attendance and comments on the use of American Rescue Plan Act funds.
Amanda Comire is in attendance and comments against hiring a consultant for the ARPA project.
David Cote is in attendance and comments against hiring a consultant for the ARPA project.
Marina Ferrucci is in attendance and comments on holding off on hiring a consultant for the ARPA.
10. TOWN MANAGER’S REPORT
The Interim Town Manager announces that Police Chief Joel Ewing-Chow will be retiring after 26 years of service with the Town; an Interim Chief will be assigned until the new Town Manager is hired. The Governor’s Executive Order on the Open Meetings Act has been extended one week; COVID home test kits are being distributed at Town facilities; and thanks Town staff for their efforts during the recent blizzard. The Town Manager’s Interim Report dated February 3, 2022, and the Miscellaneous Report dated February 10, 2022 are accepted, approved and placed on file.
11. TOWN SOLICITOR’S REPORT
A. Michael Ursillo, Town Solicitor provides an update on the Town Manager Search. Mr. Ursillo notes that an email has been sent to the Council with 16 proposed interview questions provided by the consultants, and suggests that members rank their top 4 picks, add their own questions if they wish, and send to the Executive Assistant to compile. Also, at the request of Councilwoman Bergner a litigation update will be provided to the Council.
12. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint Linda M. Stedman, and to appoint David R. Nedwidek to the Historic District Commission for terms to expire in December 2024.
B. UNANIMOUSLY VOTED: to appoint Rachel Littlefield to the Town’s 300th Anniversary Steering Committee.
13. NEW BUSINESS
B. Discussion ensues regarding a resolution, continued from January 24, 2022, authorizing an award of contract to Weston and Sampson for professional consulting services related to the American Rescue Plan Act Local Fiscal Recovery Fund. The Interim Town Manager reviews what ARPA funding can be used for, including responding to the public health emergency, workers performing essential services, government services, water, sewer and broadband, economic development, tourist and travel industry, community grants, utility infrastructure and organizational needs of the Town. Staff drafted an initial project development. Projects were ranked to available funding based on evaluation criteria. A proposal for the water treatment facility was estimated at $5 million.
James Rabbitt, Director of Planning narrated the Town’s presentation, noting that a scope of services was developed and a request for proposals sent out. They began discussion with Weston and Samson, and revised the scope of services. The consultant offers project management, technical review, monitoring services, accounting and financial advisory services, and communications. About 5.31% of the award is for grant management. Any project development includes soft costs, permitting, design, and supervision. Program development is generally 10%. Categories will be further vetted in the development stage. Weston and Sampson will hold 4 days of charrettes with the community.
Mrs. Murphy notes that public engagement began last spring, the Town Council held work sessions, and then approved a framework for the ARPA projects. A consultant is preferable to trying to do this work in-house with their expertise in many fields, and will meet the grant requirements. Many of the proposals involve infrastructure projects and economic recovery.
Discussion ensues relative to the capacity of Town staff to devote to ARPA projects. Councilwomen Rose and Bergner indicate they are not ready to move forward with this contract. Council Vice President Collins, Councilwoman Kelso and Council President McEntee indicate they are ready to move forward with award of this contract.
A motion by Council Vice President Collins to authorize an award of contract to Weston and Sampson is seconded by Councilwoman Kelso, and a roll call vote is taken as follows:
Bergner – nay Kelso – aye Rose – nay Collins – aye McEntee – nay
The motion fails, 3 to 2.
Councilwoman Rose makes a motion to continue this resolution until such time as a new Town Manager is in place, and discussion ensues relative to continuing to the next meeting. Councilwoman Rose amends her motion to continue to February 28th, seconded by Councilwoman Bergner and after further discussion it is
UNANIMOUSLY VOTED: to continue to February 28, 2022 consideration of a resolution, continued from January 24, 2022, authorizing an award of contract to Weston and Sampson, 100 Foxborough Boulevard, Foxborough, MA 02035 for professional consulting services related to the American Rescue Plan Act Local Fiscal Recovery Fund, in an amount not to exceed $492,800, including a $20,000 contingency as detailed in the amended proposal; as further described in a memorandum from the Interim Town Manager to the Town Council dated January 19, 2022 and entitled “Recommendation for award of contract – ARPA Funds – Consulting Services.”
C. UNANIMOUSLY VOTED: to authorize an award of purchase to Wright Trailers, 1825 Fall River Avenue, Seekonk, MA 02771 for a 7,000 GVW Equipment Trailer in accordance with specifications, in an amount not to exceed $22,035; and as further described in a memorandum from the Chief of Emergency Medical Services to the Interim Town Manager dated January 24, 2022 and entitled “Award of Purchase – 7,000 GVW Equipment Trailer.”
D. UNANIMOUSLY VOTED: to authorize an award of bid to Bobcat of Rhode Island, 421 Lincoln Avenue, Warwick, RI for the purchase of one Utility Work Machine with front bucket and snow blower attachment in accordance with all bid specifications, in an amount not to exceed $66,472, including trade allowances of $17,500; and as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town Manager dated February 7, 2022 and entitled “Bid Recommendation, Utility Work Machine.”
F. UNANIMOUSLY VOTED: to authorize a Mutual Aid Agreement for Non-Emergency Police Power with the Towns of Charlestown, Narragansett and Richmond, as follows; and as further described in a memorandum from the Police Chief to the Interim Town Manager dated February 8, 2022 and entitled “Mutual Aid Agreements – Towns of Charlestown, Narragansett and Richmond.”
WHEREAS, the Rhode Island General Assembly has enacted R.I.G.L. §45-42-2, which allows the chiefs of local police departments to enter into reciprocal non-emergency aid agreements with other local police departments which share jurisdictional lines; and
WHEREAS, any such agreement entered into by a local police department must be approved by the Town Council by resolution in order to be effective; and
WHEREAS, the borders of the Town of South Kingstown with neighboring towns and cities are irregular and disjointed, and in some criminal and traffic cases, charges have been dismissed due to jurisdictional issues; and
WHEREAS, the establishment of mutual aid agreements with neighboring police departments will result in improved services to the community, clear guidelines of jurisdictional authority and a better relationship with our neighboring police departments; and
WHEREAS, mutual aid agreements have been developed for the Towns of South Kingstown and Charlestown, Narragansett and Richmond and are ready for review by the Town Council; and
WHEREAS, this is a matter of importance to the health, safety and welfare of the citizens of the Town of South Kingstown.
NOW THEREFORE BE IT RESOLVED that the Town Council hereby approves the mutual aid agreements between the South Kingstown Police Department and the Charlestown, Narragansett and Richmond Police Departments in the form approved by the Rhode Island Interlocal Risk Management Trust.
H. UNANIMOUSLY VOTED: to authorize an award of bid to Malec Tree Service, Inc., 101 Nasonville Road, Harrisville, RI 02830 for municipal tree and stump removal services in an amount not to exceed $43,550, including a $5,000 contingency; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated February 9, 2022 and entitled “Bid Recommendation – Municipal Tree & Stump Removal Services.”
I. Discussion ensues, and it is
VOTED: to extend the Town’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020 and subsequently renewed on a monthly basis, as follows.
Councilors Bergner and Rose voted no.
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, October 25, 2021 (retroactive to October 12, 2021), November 8, 2021, December 13, 2021 and January 10, 2022.
Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 231 further supplemental emergency declarations (as of February 9, 2022) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On January 19, 2022, Governor McKee issued Executive Order 22-05 further extending the state of emergency to February 17, 2022. 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 February 14, 2022 to March 14, 2022. 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 March 14, 2022 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 February 17, 2022, this Ordinance shall expire on that date.
14. CLOSED EXECUTIVE SESSION
A. The Town Solicitor advises that additional items be included for discussion in Closed Executive Session, and it is
UNANIMOUSLY VOTED: to recess to Closed Executive Session at 11:07 PM pursuant to RIGL §42-46-5(a)(3) to discuss matters pertaining to security including, but not limited to, the deployment of security personnel or devices; pursuant to RIGL §42-46-5(a)(4) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal; 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.
Susan M. Flynn, CMC
Town Clerk
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