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WORK SESSION

 

FEBRUARY 28, 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 28th day of February 2022 at 7:00 PM.

 

            PRESENT:      Rory H. McEntee, President

Abel G. Collins, Vice President

Deborah D. Bergner

Deborah J. Kelso

Jessica L. Rose

 

 

1.         A.        INTERVIEW Video

 

The Town Council interviews Ken Munroe relative to his interest in being reappointed to the Assessment Board of Review.

 

 

1.         B.        WORK SESSION Video

 

Theresa L Murphy, Interim Town Manager advises that License Item 6A and Public Hearing 7A regarding the Courthouse Center for the Arts are not ready to go forward.

 

The Interim Town Manager reviews new license applications, beginning with License Item 6B and 6C regarding applications by Global Spectrum for a Victualling License, and a Class F License 19 Hour Beverage License.

 

License Item 6D is an application by Main Street Vibe for a Victualling License, and License Item 6E is an application by Point Break Realty for a Tourist Accommodation License.

 

The Interim Town Manager reviews Public Hearing 7B, an application for a new Class J Convention Hall Liquor License by Global Spectrum for operations at the Ryan Center.

 

The Interim Town Manager reviews the communications on this evening’s Agenda, beginning with Item 8A, an email from Angela Tuoni submitting her resignation from the Sustainability Committee.

 

Communication Item 8C is an email from the Chief of the Union Fire District requesting funding under the American Rescue Plan Act. It is noted that an application process would be set up by a consultant.

 

Communication Item 8E concerns legislation proposed in the General Assembly regarding zoning ordinances, and it is noted that consideration of the bill in committee has been postponed at the sponsor’s request.

 

Communication Item 8G is an email from William Salerno tendering his resignation from the Assessment Board of Review.

 

The Assistant Town Solicitor will report this evening on the Town Manager search, and an Open Meetings Act complaint filed against the Town.

Two additional applications have been received for the Town’s 300th Anniversary Steering Committee.

 

Discussion ensues regarding whether interviews should be scheduled for Bradford Hevenor and Russell Brown who have indicated their willingness to be promoted from alternate members to full members to fill vacancies on the Assessment Board of Review and Zoning Board of Review, respectively. It is determined that interviews will not be necessary for these members.

 

The Interim Town Manager reviews New Business Items, beginning with 13A for the Council to review their Liquor Rules and Regulations and determine whether to establish a new Class J Convention Hall Liquor License.

 

New Business Item 13B concerns an award of contract to Weston and Sampson for professional consulting services related to the American Rescue Plan Act Local Fiscal Recovery Fund. The Director of Planning is prepared to give a brief review.

 

New Business Item 13D is an award of bid for Youth Recreational Basketball referee services.

 

New Business Item 13E is an award of bid for installation of Heating, Ventilation and Air Conditioning (HVAC) and Energy Recovery Ventilators (ERV) at the Peace Dale Library.

 

New Business Item 13F would authorize Town boards and commissions to determine whether to hold their meetings in person or virtually until the Governor’s Executive Order on open meetings sunsets on March 19th.

 

New Business Item 13G would extend the application deadline for the Elderly Property Tax Exemption Program.

 

New Business Item 13H would extend the Temporary Town Manager Employment Contract to April 1st.

 

Discussion ensues regarding the Courthouse Center for the Arts’ interest in continuing to pursue renewal of a liquor license.

 

Recess at 7:20 PM.

 

Convened to Regular Session.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

REGULAR SESSION Video

 

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 28th 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 Video

 

The Pledge of Allegiance to the flag is given.

 

B.        LAND ACKNOWLEDGEMENT STATEMENT Video

 

The Land Acknowledgement Statement is read.

 

3.         ROLL CALL Video

 

Roll Call is taken and all members are present.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS Video

 

A.        Work Session:  UNANIMOUSLY VOTED:  that the minutes of the Work Session held on January 24, 2022 are accepted, approved and placed on file.

             

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on January 24 and February 8, 2022 are accepted, approved and placed on file. 

 

C.        Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on February 8, 2022 are accepted.

 

5.         CONSENT AGENDA Video

 

UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of Communication Items 8F and 8H.

 

(CA)    6F.       UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:

 

DEG, LLC d/b/a Wakefield Books, 160 Old Tower Hill Road, Wakefield, RI 02879.  Application by Robert Ryan, Member. License No. 60853.

 

RPC, Inc. d/b/a Rumford Pet Express, 20 Main Street, Wakefield, RI 02879.  Application by Michael Squatrito, President. License No. 70144.

 

(CA)    6G.      UNANIMOUSLY VOTED: to grant a Victualling License to Pipeline Restaurant, Inc. d/b/a Caliente Mexican Grill, 99 Fortin Road, Unit 123, Kingston, RI 02881.  Application by Franquin Rodezno, President; Renewal. License No. 60978.

 

(CA)    8B.      UNANIMOUSLY VOTED: that an email dated February 13, 2022 from Joanne Lapp concerning location of an EMS facility is received and placed on file.

 

(CA)    8D.      UNANIMOUSLY VOTED: that an email dated February 18, 2022 from Kassi Donnelly announcing the availability of Wild and Scenic Community Grants through the Wood-Pawcatuck Wild and Scenic Rivers Stewardship Council is received and placed on file.

 

(CA)    8I.        UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --…  “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members.  Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

 

(CA)    13C.    UNANIMOUSLY VOTED: that Civil Action File Number PC-2022-00700 filed in Superior Court by Vicki J. Bejma, Esquire on behalf of her client, Maria Parrillo relative to alleged violations of her rights with respect to her employment be referred to the Town Solicitor, the Town’s insurance carrier and the School Department.

 

(CA)    13I.      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: to continue to March 14, 2022 a resolution, continued from December 13, 2021, January 10 and January 24, 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. Video

 

B.        Mario Martone and Leah Becki are present and testify regarding this application being filed in conjunction with their application for a liquor license. Discussion ensues, and it is Video

 

UNANIMOUSLY VOTED: to grant a Victualling License to Global Spectrum, LP d/b/a Spectra Venue Management, 1 Lincoln Almond Plaza, Kingston, RI 02881. Application by Leah Becki, General Manager; New. License No. 74060.

C.        Mario Martone and Leah Becki are present, 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 Men’s Basketball Game on Wednesday, March 2, 2022 from 6:00 PM to 9:00 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. 74439. Video

 

D.        Jennifer Nerbonne is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Victualling License to Main Street Vibe, LLC d/b/a Main Street Vibe, 359 Main Street, Wakefield, RI 02879. Application by Jennifer Nerbonne, Member; New. License No. 74271. Video

 

E.         Emily Riendeau is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Tourist Accommodations License for 12 spaces, 26 persons to Point Break Realty, LLC d/b/a Point Break Cottages, 895 Matunuck Beach Road, Wakefield, RI  02879.  Application by Kevin Finnegan, Member; New.  License No. 73459. Video

 

7.         PUBLIC HEARINGS

 

A.        UNANIMOUSLY VOTED: to continue 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: Video

 

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 to consider 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: Video

 

CLASS J CONVENTION HALL LIQUOR LICENSE

 

Application for a Class J Convention Hall Liquor License by Global Spectrum, LP d/b/a Spectra Venue Management, 1 Lincoln Almond Plaza, Kingston, RI 02881 by Leah Becki, General Manager for the concourse and arena areas at the Ryan Center; and as further defined in a site plan on file in the Town Clerk’s office. License No. 74060.

 

Mario Martone, attorney for the applicant and Leah Becki, General Manager testify regarding the procedures and security measures taken with regard to sales of beer and wine at the Ryan Center events.

The Assistant Town Solicitor reviews the State Law governing Class J liquor licenses, and after discussion it is

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

13A.    New Business Item 13A is brought forward, and it is Video

 

UNANIMOUSLY VOTED: to amend the Town’s Liquor License Rules and Regulations Section I. The current number of licenses for each class to authorize a Class J Convention Hall (Limited) Liquor License, and establish a fee of $300 in accordance with RIGL §3-7-16, and amend the Town’s Schedule of Fees; as further described in a memorandum from the Town Clerk to the Interim Town Manager dated February 23, 2022 and entitled “Public Hearing re: Global Spectrum, LP d/b/a Spectra Venue Management application for a new Class J Convention Hall Liquor License at the Ryan Center.”

 

7B.      The Town Council returns to a decision on Public Hearing 7B, and it is

 

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 J CONVENTION HALL LIQUOR LICENSE

 

Application for a Class J Convention Hall Liquor License by Global Spectrum, LP d/b/a Spectra Venue Management, 1 Lincoln Almond Plaza, Kingston, RI 02881 by Leah Becki, General Manager for the concourse and arena areas at the Ryan Center; and as further defined in a site plan on file in the Town Clerk’s office. License No. 74060.

 

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.

 

8.         COMMUNICATIONS

 

A.        UNANIMOUSLY VOTED: that an email dated February 10, 2022 from Angela Tuoni tendering her resignation from the Sustainability Committee is accepted, and the Town Council directs that a letter of thanks be sent. COMMUNICATIONS

 

C.        Steve Pinch, Chief of the Union Fire District is present and discusses the fire company’s ability to request Town ARPA funding.

 

Discussion ensues. It is noted that the funding application process would be developed in coordination with a consulting firm experienced in federal grants management.

 

UNANIMOUSLY VOTED: that an email dated February 18, 2022 from Steve Pinch, Chief of the Union Fire District requesting to discuss an allocation of American Rescue Plan Act funds to the Union and Kingston Fire Districts is received, placed on file, and referred to Town staff. Video

 

E.         Discussion ensues regarding this proposed legislation being postponed at the request of the sponsor, and it is Video

 

UNANIMOUSLY VOTED: that a resolution adopted February 21, 2022 by the Woonsocket City Council in opposition to House Bill 2022 H6638 An Act Relating To Towns and Cities – Zoning Ordinances that would prohibit single-family residential zoning in municipalities with populations greater than 20,000 and mandate that those municipalities adopt zoning regulations for middle housing in single-family residential zones is received, placed on file, and referred to the Planning Department staff.

 

F.         David Cote is present and comments on the ARPA funding plan, and it is

 

UNANIMOUSLY VOTED: that an email dated February 22, 2022 from David Cote concerning the Town’s plans with regard to the American Rescue Plan Act funding is received and placed on file.

 

G.        UNANIMOUSLY VOTED: that an email dated February 24, 2022 from William M. Salerno tendering his resignation from the Assessment Board of Review effective immediately is accepted, and the Town Council directs that a letter of thanks be sent. Video

 

H.        The Interim Town Manager notes that we do not have a Homestead Exemption program, and after discussion it is Video

 

UNANIMOUSLY VOTED: that an email dated February 23, 2022 from Lori Marshall concerning a Homestead Exemption Act is received, placed on file, and referred to the Interim Tax Assessor for response.

 

9.         COMMENTS FROM INTERESTED CITIZENSS Video

 

Council President McEntee invites residents to come forward with comments.

 

Martha Stamp is present and comments on the property revaluation, and the elderly tax exemption program.

 

Maureen Plunkett is present and comments on the property revaluation, taxes and Vision Appraisal.

 

Michael Plunkett is present and comments on the increase in property values affected by out of state buyers paying high prices for homes in South Kingstown.

 

UNANIMOUSLY VOTED: to add the topics of taxes, the budget, and the elderly tax exemption program to the Agenda for discussion.

 

Maureen Plunkett comments on the tax burden.

 

Michael Plunkett comments on a Homestead Exemption Act, and the elderly tax exemption program.

 

Aquila Ayala is present and comments that the new tax assessment needs to be better explained.

 

Discussion ensues regarding the revaluation information that is available on the Town website, at Town Hall, and that the revaluation notices contained an explanation of the assessment.

 

Roberta Mulholland is present and comments on the tax revaluation information, and in support of locating a new EMS facility at the Matunuck Fire Station rather than on South Kingstown Land Trust property on Ministerial Road.

 

Roland Benjamin is present and comments on the audit of the school budget for the prior fiscal year and the full detail school budget not yet being available.

 

The Interim Town Manager notes that the School Committee will present their proposed budget at a Work Session on Thursday night.

 

Greg Sweet is present and comments on the 4% levy cap and average assessment values.

 

Roberta Mulholland asks when the Town Council voted to abandon the EMS project in Matunuck.

 

The Assistant Town Solicitor responds that discussions in Closed Executive Session have not yet been disclosed.

 

10.       TOWN MANAGER’S REPORT Video

 

The Interim Town Manager advises that Budget Work Sessions will be held on March 3rd, March 7th and March 9th; the State will close the South Road School COVID testing site on March 31st, but free COVID test kits are available at Town facilities; and Vision Appraisal is handling inquiries and appeals regarding the property revaluation notices. The Town Manager’s Interim Report dated February 17, 2022, and the Miscellaneous Report dated February 24, 2022 are accepted, approved and placed on file.

 

11.       TOWN SOLICITOR’S REPORT Video

 

A.        The Assistant Town Solicitor notes that an update on the Town Manager Search will be deferred until the next meeting.

 

B.        The Assistant Town Solicitor notes that a response to the Open Meetings Act complaint filed against the Town by Elle Noordzy is being handled by their office.

 

12.       APPOINTMENTS Video

 

A.        UNANIMOUSLY VOTED: to reappoint Ken Munroe to the Assessment Board of Review for a term to expire in January 2025.

 

UNANIMOUSLY VOTED: to promote Bradford Hevenor from Alternate to Full Member of the Assessment Board of Review for a term to expire in January 2025.

 

UNANIMOUSLY VOTED: to promote Russell Brown from Alternate #1 to Full Member of the Zoning Board of Review for a term to expire in March 2025, effective when Casey Charkowick’s term expires at the end of March 2022.

B.        UNANIMOUSLY VOTED: to appoint Kate Sullivan and Susan Axelrod to the Town’s 300th Anniversary Steering Committee.

 

13.       NEW BUSINESS

 

B.        A motion is made by Council Vice President Collins, seconded by Councilwoman Kelso to authorize an award of contract to Weston and Sampson professional consulting services related to the American Rescue Plan Act Local Fiscal Recovery Fund.        

 

The Interim Town Manager gives a recap of the contract, the framework adopted by the Town Council with the EMS project added later, and the multi-disciplinary services to be provided. The Director of Planning gives a presentation to clarify questions brought up at the last meeting.

 

Discussion ensues. Council President McEntee expresses his confidence that a consultant is appropriate and he is ready to move forward with this contract award. Councilwomen Rose and Bergner express their reservations and are not ready to move forward yet. Council Vice President Collins notes that hiring a consultant will address concerns regarding community input and that we need a framework for organizations to seek assistance from the Town. Councilwoman Kelso notes that a consultant will vet this process, communicate with businesses and determine what is doable.

 

A roll call vote is taken, and it is

 

VOTED: to authorize an award of contract to Weston and Sampson, 100 Foxborough Blvd., 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.” Video

 

Councilwomen Bergner and Rose voted no.

 

D.        UNANIMOUSLY VOTED: to authorize an award of bid to South County Umpires Association, 134 Sir Michael Circle, West Kingston RI 02892 to provide Youth Recreational Basketball referee services, in accordance with all bidding specifications, based on the price per game submitted for the seasons; as further described in a memorandum from the Recreation Supervisor to the Interim Town Manager dated February 15, 2022 and entitled "Bid Recommendation – Youth Recreational Basketball Referee Services SK0105RD.” Video

 

E.         UNANIMOUSLY VOTED: to authorize an award of bid to Automatic Temperature Controls, Inc., 95 Connecticut Street, Cranston, RI 02920 for the furnishing and installation of Heating, Ventilation and Air Conditioning (HVAC) and Energy Recovery Ventilators (ERV) at the Peace Dale Library, as specified, in an amount not to exceed $67,081 including a $3,194 contingency; and as further described in a memorandum from the Facilities Superintendent to the Interim Town Manager dated February 22, 2022 and entitled “Award of Bid – HVAC and ERV installation at the Peace Dale Library.” Video

 

F.         Discussion ensues, and it is Video

 

UNANIMOUSLY VOTED: to authorize each Town board or commission to determine whether to hold their public meetings in person or virtually until the Governor's Executive Order 22-20, which modifies certain provisions of the Open Meetings Act, sunsets on March 19, 2022 or is extended to a later date. Video

 

G.        UNANIMOUSLY VOTED: to authorize the extension of the Elderly Property Tax Exemption application deadline from March 15 to May 15 for the 2022 tax year, as further described in a memorandum from the Interim Town Manager to the Town Council dated February 23, 2022 and entitled “Extension of Application Deadline for Elderly Tax Exemption.”

 

H.        UNANIMOUSLY VOTED: to approve an amended Employment Agreement extending the Temporary Town Manager Employment Contract; as further described in a memorandum from the Town Solicitor to the Interim Town Manager dated February 23, 2022 and entitled “Amended Employment Agreement.” Video

 

UNANIMOUSLY VOTED:  to adjourn at 10:00 PM.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

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