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WORK SESSION
JANUARY 10, 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 and via video- and tele-conference, in and for said Town on the 10th day of January 2022 at 6:00 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. A. SPECIAL WORK SESSION
Michael Ursillo, Town Solicitor opens the discussion of proposed amendments to the Town Code, Chapter 3 Animals and Fowl relative to animals that leave the premises of their owners. This ordinance has been proposed as a tool to allow animal control officers (ACO) to pick up farm animals or livestock that stray from their owners’ property. A warning would be given for a first offense, $50 for a second and $100 for a third offense that occurs within one year. The Town Council wants the community to have an understanding of what is being proposed, and are here to take comments.
Jessica Mayhew is present and wants the ordinance to remain as is, she has been here for 30 years and keeps her animals contained, and comments on the impact of the proposed ordinance.
Roberta Mulholland is present and comments that she wants to avoid burdening the Town, she notes that the proposed language only pertains to homeowners but it should also pertain to lessees and tenants. It should not pertain to commercial farmers, and farms should be exempt from these provisions. This may put the animal control officers in dangerous situations, for which they need training in handling those animals.
An unidentified caller on Zoom states that he has been a Town resident for over 30 years and has found that not many people claim ownership of animals that stray, agrees with the fines, is concerned about putting ACOs in a difficult position, the ordinance has nothing about adequate fencing or housing for animals.
Dwayne Mack is present and concurs with Ms. Mulholland’s concerns over safety of ACOs, notes that is it difficult to capture animals, and owners must maintain their fences.
The Town Solicitor notes that lessees can be added to the ordinance, and exemptions of farms under the Zoning definition can be considered. Mr. Ursillo explains that these amendments do not apply to dogs and cats, they are addressed in a separate section of the Town ordinance.
Councilwoman Rose asks if we can partner with local farmers to assist in capturing stray animals if necessary.
Tara Sekator, Animal Control Officer explains what occurs when a call comes in. She has a list of problem animals. The ACO calls the individuals first, and notes that warnings are given first, fines are for repeat offenders. She want to prevent liability in situations such as a cow in the road.
Council Vice President McEntee asks if there are problems occurring from large farms.
Ms. Sekator responds yes.
Council Vice President McEntee states that we are trying to deter conduct, and asks if we should exclude or include farms.
Ms. Sekator responds that we should include farms.
Councilwoman Bergner comments that the ACO has no tool in the toolbox to assist in controlling animals.
The ACO notes that ever since COVID, cases are way up. They are not worried about noise, they are worried about trespass. She has some training, but does not expect to be rounding up animals. She has no physical contact training.
Councilwoman Kelso asks the Town Solicitor about trespass protocols.
The Town Solicitor responds that the owner is first asked to remove the animals.
Ms. Sekator adds that when an owner does not claim an animal, the animal goes up for adoption and the fine goes with the animal.
Councilwoman Bergner comments on the need for this ordinance, and that issues have arisen due to animal trespass.
1. B. SPECIAL WORK SESSION
Consultants Bob Mercier and Buzz Stapczynski from Municipal Resources Inc. (MRI) give a presentation regarding the current executive search for a Town Manager. A total of 21 applications have been received to date from 10 states, one applicant has dropped out. Seven of the applicants are from Rhode Island, three are from Connecticut and Massachusetts, the others are from outside of New England. Applicants have a variety of education levels. Applicants will be asked to complete essays on demonstrated experience. They discuss the current climate which is “thin” for applicants, given the COVID pandemic and other factors. People don’t want to move, and there are a lot of good jobs open. The consultants will be reviewing all applications.
Mr. Mercier comments that they have quality people in the applicant pool. They will hold an information session at the Senior Center tomorrow afternoon, and they continue to get input from the community to refine the “fit” for South Kingstown. Essay questions will be sent to the applicants by Friday and will be due by January 24th. This will give the Council insight as to their writing skills, and how they answer the questions. Some applicants may not be interested in the process and may drop out. The consultants will call each applicant, and they must be notified when they will be discussed by the Town Council. The consultants will hold a session with the Council to present the applicants, and the Council will then provide direction on which candidates will be invited for interviews. All interviews will be held in Closed Executive Session. By March 1st it is hoped to have a commitment to a candidate. Vetting of the final candidate takes about 2 weeks.
Council Vice President McEntee asks about the questions that will be presented to the candidates.
Mr. Mercier responds that questions on areas such as conflict resolution and budgeting are typical, they will be tailored to South Kingstown issues. Candidates will be asked for specific examples of how they dealt with specific items.
Discussion ensues relative to the field of applicants being narrowed based on their qualifications, and then a selected group given the same essay questions.
Discussion ensues relative to the timeline for this process.
1. C. WORK SESSION 
Theresa Murphy, Interim Town Manager reviews the items on this evening’s Agenda.
Councilwoman Bergner has a question regarding the Closed Executive Session minutes for December 13, 2021. The Town Solicitor recommends taking up any issues during this evening’s Executive Session.
Councilwoman Bergner expresses concern about the presentation not being shown during the first Work Session on the Municipal Capital Improvement Program and asks to have it shared for the public benefit. The Interim Town Manager indicates that the CIP presentation has been posted on the Town’s website, and the School CIP Work Session did include their PowerPoint presentation.
Discussion ensues regarding the next steps in the process to consider the proposed amendments to the Animal Control ordinance. A Public Hearing will be advertised and scheduled for February 14, 2022.
Convened to Regular Session.
Lucas Murray
Clerk Pro Tem
REGULAR SESSION
JANUARY 10, 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 and via video- and tele-conference, in and for said Town on the 10th day of January, 2022 at 7:30 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. D. 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 four members are present in person; Councilwoman Rose is present on Zoom.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on December 13, 2021 are accepted, approved and placed on file.
B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on December 13 and December 20, 2021 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: to continue the minutes of the Closed Executive Session held on December 13, 2021.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6G. UNANIMOUSLY VOTED: to grant a Victualling License to Gen-Care, Inc. d/b/a Subway at the Emporium, 99 Fortin Road, Kingston, RI 02881. Application by Paul Gencarelli, President; Renewal. License No. 59750.
(CA) 6H. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Green Line Apothecary, LLC, 245 Main Street, Wakefield, RI 02879. Application by Kenneth Procaccianti, Member; Renewals. License No. 59216.
(CA) 6I. UNANIMOUSLY VOTED: to grant a Tourist Accommodation License to Sugarloaf Hill Bed and Breakfast, 607 Main Street, Wakefield, RI 02879 for 3 spaces, 5 persons. Application by Stephanie and David Osborn, owners; Renewal. License No. 59733.
(CA) 6J. UNANIMOUSLY VOTED: to grant a Laundry License to Laundromat Lawyers, LLC d/b/a Get The Funk Out, 100 Fortin Road, Kingston, RI 02881. Application by Annette P. Jacques, Member; Renewal. License No. 58995.
(CA) 8A. UNANIMOUSLY VOTED: that a resolution adopted November 18, 2021 by the Cumberland School Committee in support of the General Assembly extending sections of RIGL §16-7-40 Increased school housing ratio is received and placed on file.
(CA) 8B. UNANIMOUSLY VOTED: that emails dated December 8 and December 9, 2021 from Chip Samson, Justin Lucas, Mark Grayeck and Luke Hawksley in favor of a liquor license for the Ryan Center at URI are received and placed on file.
(CA) 8C. UNANIMOUSLY VOTED: that an email dated December 13, 2021 from Annie Babineau concerning loose farm animals on her property is received, placed on file, and referred for consideration under the Work Session on proposed amendments to the Animal Control ordinance.
(CA) 8D. UNANIMOUSLY VOTED: that an email dated December 13, 2021 from David Cote concerning Emergency Medical Services response times, and a response from the Chief of EMS are received and placed on file.
(CA) 8F. UNANIMOUSLY VOTED: that an email dated December 20, 2021 from Nate Barrington concerning the Town Council’s Initial Budget Hearing is received and placed on file.
(CA) 8G. UNANIMOUSLY VOTED: that an email dated December 21, 2021 from Stephen Dahl concerning 5G technology is received and placed on file.
(CA) 8J. UNANIMOUSLY VOTED: that an email dated December 29, 2021 from David and Rosemary Smith providing South County Bike Path Update #49 is received and placed on file.
(CA) 8K. 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: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing 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; and as further defined in a site plan on file in the Town Clerk’s office.
(CA) 13E. UNANIMOUSLY VOTED: to authorize an award of bid to Northeastern Security Safe & Lock, 444 Silver Spring Street, Providence, RI 02904 for the Neighborhood Guild Commercial Rekey/Master Key project including labor, supplies and all appurtenances in an amount not to exceed $5,361; and as further detailed in a memorandum from the Facilities Superintendent to the Interim Town Manager dated January 5, 2022, and entitled “Bid Recommendation – Neighborhood Guild Commercial Rekey/Master Key.”
(CA) 13L. 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. Mario Martone, Attorney for applicant is present and discusses the request for Class F 19-Hour Beverage Liquor Licenses for basketball games at the Ryan Center at URI. Many games are being re-scheduled right now. Global Spectrum is in the process of applying for a Class J Convention Hall Liquor License, and has applied for Class F licenses in the meantime. Discussion ensues, and 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 URI Men’s Basketball Game on Wednesday, January 19, 2022 from 6:00 PM to 10:00 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. 73937.
B. An application for a Class F 19-Hour Beverage License filed by Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Thursday, January 20, 2022 from 6:00 PM to 10:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881 is withdrawn.
C. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Saturday, January 22, 2022 from 11:30 AM to 3:30 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. 73566.
D. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Tuesday, January 25, 2022 from 5:00 PM to 10:30 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; continued from December 13, 2021. License No. 73567.
E. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Saturday, February 5, 2022 from 12:00 PM to 5:00 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; continued from December 13, 2021. License No. 73568.
F. The applicant is not present, and it is
UNANIMOUSLY VOTED: to continue to February 14, 2022 consideration of an application for 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; continued from December 13, 2021.
7. PUBLIC HEARINGS
A. The applicant is not present. The Interim Town Manager advises that we are still awaiting application materials and a Certificate of Good Standing from the RI Division of Taxation, and it is
UNANIMOUSLY VOTED: to continue to February 14, 2022 a Public Hearing, continued from December 13, 2021, 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.
8. COMMUNICATIONS
E. Jonathan Donigan is present on Zoom and comments on the status of Michaela Court.
Michael Ursillo, Town Solicitor advises that the Planning Board is scheduled to take up the issue at their meeting on January 25th. Mr. Ursillo expresses the need for the Town to take the time to ensure all outstanding development issues are properly addressed for the benefit of the homeowners association.
Jon Schock, Director of Public Services reports that the department of Public Services is waiting for as-built drawings, repair of a stormwater basin, landscape repairs, and other items prior to acceptance of the roadway.
Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated December 19, 2021 from Richard and Donna Serpa and an email dated January 6, 2022 from Jonathan M. Donigan, South County Trail HOA concerning the status of Michaela Court and completion issues are received, placed on file, and referred to staff.
H. A resolution adopted by the Lincoln Town Council concerning the RI Municipal Police Training Academy training sessions is considered. Joel Ewing-Chow, Police Chief notes that the academy used to be 15 weeks and is now 22 weeks due to the amount of training required to teach professional standards. The Police Chief prefers the inconvenience of the time in favor of more skilled/trained officers, and notes that South Kingstown has not had issues with the timeframe and is therefore not in support of the resolution.
UNANIMOUSLY VOTED: that a resolution adopted December 22, 2021 by the Lincoln Town Council requesting the State to increase the frequency of the RI Municipal Police Training Academy initial recruit training sessions is received and placed on file.
I. Discussion ensues regarding an invitation to consult on the proposed Revolution Wind project. The Interim Town Manager provides an overview of the wind turbine project to be located 15 miles off the southern coast of Rhode Island. Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated December 27, 2021 from Mark Roll, Permitting Manager, Revolution Wind extending an invitation for the Town Council to consult on avoidance, minimization and mitigation measures for the proposed Revolution Wind project is received, placed on file and referred to staff.
9. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
Jonathan Daly-LaBelle is present, and though no longer a Town resident shares concerns over school facilities and the potential impacts to children, depending on what occurs with Wakefield Elementary School.
Roberta Mulholland is present and disputes the definition provided of farms relating to the proposed amendments to the Animals and Fowl ordinance, comments that proof of animal ownership is a key point to the Town’s enforcement strategy and expresses concerns over how cats are handled. Ms. Mulholland also comments on the proposed Revolution Wind project, stating that the Town should consult fishermen and other potential interested parties.
10. TOWN MANAGER’S REPORT
The Interim Town Manager reports that the Town will return to virtual meetings starting on January 11, 2022 due to the Governor’s Executive Order 22-01 that requires the Town to provide remote participation in meetings; that order will expire on February 4, 2022 if not renewed prior to that date. Ms. Murphy notes that a work session on the Saugatucket Park Improvement Project will be held at the next meeting with participation by the Economic Development Committee, Recreation Commission and Planning Board; and that a recommendation on hiring a consultant to assist with American Rescue Plan Act programs will be brought to the Council at the next meeting. The Town Manager’s Interim Reports dated December 17, December 23 and December 30, 2021, and the Miscellaneous Report dated January 6, 2022 are accepted, approved and placed on file.
Councilwoman Bergner questions the expiration of COVID leave time and whether the Town should bring this time back for the benefit of employees. The Interim Town Manager and Lucas Murray, Director of Administrative Services address this concern. New RI Department of Health guidelines have shortened the required time out of work to 5 days, and employees have a fair amount of sick time available.
Councilwoman Rose asks if Town employees can collect Temporary Disability Insurance (TDI). The Town Solicitor informs the Council that Town employees do not pay into TDI and therefore cannot collect.
11. TOWN SOLICITOR’S REPORT
A. Mr. Ursillo provides an overview of the Town Manager search process. A select pool of applicants will be presented to the Council on February 7, 2022, with interviews expected to start on February 21, 2022.
B. Mr. Ursillo reports that he advised settlement of litigation entitled Garrett Homes, LLC v. South Kingstown Zoning Board. Settlement of this litigation involving Dollar Tree will allow development but includes all planning and zoning development recommendations such as sidewalks and crosswalks.
12. APPOINTMENTS
B. UNANIMOUSLY VOTED: to appoint Meaghan Foy-Anderson to the Town’s 300th Anniversary Steering Committee.
13. NEW BUSINESS
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 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.
B. UNANIMOUSLY VOTED: to request the legislators of the Town of South Kingstown to introduce legislation in the 2022 Session of the General Assembly relative to a proposed amendment to the Rhode Island General Laws to allow for the appointment of three alternate members to the Town’s Zoning Board of Review so as to always have a quorum available and to provide a path to Zoning Board membership, as follows:
TITLE 45
Towns and cities
CHAPTER 45-24
Zoning Ordinances
******
§ 45-24-56. Administration – Zoning board of review – Establishment and procedures.
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(l) Notwithstanding the provisions of subsection (b) of this section, the zoning board of review for the town of South Kingstown shall consist of five (5) members, each to hold office for a term of five (5) years. The zoning board of review for the town of South Kingstown shall also include three (3) alternates to be designated as the first, second and third alternate members, their terms to be set by ordinance but not to exceed five (5) years. These alternate members shall sit and may actively participate in the hearing. The first alternate shall vote if a member of the board is unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board are unable to serve at the hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter. Where not provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board members, and for removal of members for due cause.
D. UNANIMOUSLY VOTED: to authorize an award of bid to Howard Johnson, Inc., 1978 Kingstown Road, Peace Dale, RI 02883 for the purchase of one front mount mower and one 6-wheel utility vehicle, in accordance with all bid specifications in an amount not to exceed $32,400, including trade allowances of $13,000; and as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town Manager dated January 4, 2022 and entitled “Bid Recommendation, Front Mount Mower and Utility Vehicle.”
F. UNANIMOUSLY VOTED: to authorize an award of bid to D’Ambra Construction Co., Inc., 80 Centre of New England Boulevard, Coventry, RI 02816 for the Sidewalk Improvements – Public Safety Complex including labor, supplies and all appurtenances in an amount not to exceed $16,500, including contingency; and as further detailed in a memorandum from the Facilities Superintendent to the Interim Town Manager dated January 4, 2022 and entitled “Bid Recommendation – Sidewalk Improvements – Public Safety Complex.”
G. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing 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, as shown as follows; as further described in a memorandum from the Public Services Director to the Interim Town Manager dated December 6, 2021 and entitled “Solid Waste Ordinance Amendment for Exclusive Recyclables.”
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.
H. The Director of Public Services reviews this request for the Town to be a sponsor in the Wood – Pawcatuck Rivers Watershed Flood Protection Project. The federal Natural Resources Conservation Service wants to look at flood migration from South Kingstown to Westerly. There is a potential for future implementation funds for projects.
UNANIMOUSLY VOTED: to authorize the Public Services Director to proceed on behalf of the Town as a sponsor in the planning phase of the Wood – Pawcatuck Rivers Watershed Flood Protection Project with the Southern RI Conservation District, as shown as follows; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated December 3, 2021 and entitled “Southern Rhode Island Conservation District (SRICD) – Wood Pawcatuck Watershed Planning Study.
RESOLUTION AUTHORIZING THE PUBLIC SERVICES DIRECTOR
TO PROCEED ON BEHALF OF THE TOWN OF SOUTH KINGSTOWN
AS A SPONSOR IN THE PLANNING PHASE OF THE
WOOD-PAWCATUCK RIVERS WATERSHED FLOOD PROTECTION PROJECT
WITH THE SOUTHERN RHODE ISLAND CONSERVATION DISTRICT
UNDER THE WATERSHED AND FLOOD PREVENTION OPERATIONS PROGRAM OF THE
UNITED STATES DEPARTMENT OF AGRICULTURE –
NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
WHEREAS, the Southern Rhode Island Conservation District (SRICD) has made application and been accepted by the Natural Resources Conservation Service (NRCS) into their Watershed and Flood Prevention Operations Program as the Lead Local Sponsoring Organization (LSO or Sponsor) and has invited the Town of South Kingstown to partner with them, and
WHEREAS, the Town of South Kingstown wishes to partner with the Southern RI Conservation District (SRICD), to participate in the Planning Phase of the Wood-Pawcatuck Rivers Watershed Flood Protection Project, which is being conducted under the Watershed and Flood Prevention Operations Program within the US Department of Agriculture-Natural Resources Conservation Service (NRCS), and
WHEREAS, in 2017 the Wood-Pawcatuck Watershed Association (WPWA) led the development of the Pawcatuck River Flood Resiliency & Management Plan (PRFRMP) to reduce riverine flooding for each of the communities in the watershed, and
WHEREAS, the Town has identified flood prevention projects for the Wood-Pawcatuck Watershed as a priority for its work focus and the projects listed in the PRFRMP may be further analyzed and implemented under the NRCS Watershed and Flood Prevention Operations Program, and
WHEREAS, a Watershed Plan-Environmental Document must be created in accordance with NRCS program policy and guidelines to meet the federal agency’s criteria for consideration of the Plan to be authorized for implementation by the Chief of NRCS, and
WHEREAS, USDA-NRCS funds the technical assistance associated with all three phases of the program (Planning, Design, and Implementation/Construction) at up to 100% of allowable costs, and
WHEREAS, participation in the Planning Phase of this project makes the Town eligible to participate in the Design Phase and the Construction Phase with up to 100% federal cost share of allowable costs of the project, and
WHEREAS, participating in the planning phase does not obligate a municipality to further participation in the project if they feel the alternative selected does not meet the goals of their municipality, therefore
BE IT RESOLVED: That the Town Council hereby authorizes the Town’s Public Services Director to proceed in partnering with SRICD as sponsors to the USDA-NRCS Watershed and Flood Prevention Operations Program, Wood-Pawcatuck Rivers Watershed Flood Protection Project, and to immediately complete and endorse the required federal forms for program enrollment.
I. UNANIMOUSLY VOTED: to authorize an award of contract to Green International Affiliates, Inc., 239 Littleton Road, Westford, MA 01886 for Old North Road Stormwater Engineering Services in an amount not to exceed $81,350, which includes a contingency of $10,000; as further detailed in a memorandum from the Public Services Director to the Interim Town Manager dated December 23, 2021 and entitled “Old North Road Stormwater Engineering Services Recommendation.”
J. Discussion ensues relative to a request for the Town to send a letter to the Coastal Resources Management Council objecting to a pending application for a residential boating facility, based on review by the Town’s Waterfront Advisory Commission. Mike Stack, Town Harbormaster provides an overview of the situation. The dock being proposed would be located within an existing mooring field and does not meet the 50’ buffer to said field. In response to a question by Council Vice President McEntee, the Harbormaster notes that it is unlikely that plans could be revised to meet setbacks, given the extent of the relief currently being requested.
UNANIMOUSLY VOTED: to authorize the Interim Town Manager to send a letter to the Coastal Resources Management Council (CRMC) expressing the Town’s objection to application File Number 2021-10-024 by William and Wendy Conley to construct and maintain a residential boating facility at 194 Winchester Drive, based on the advisory of the Waterfront Advisory Commission; as further described in a memorandum from the Harbormaster / Natural Resource Officer to the Interim Town Manager dated January 6, 2022 and entitled “Waterfront Advisory Commission – CRMC Application for Residential Boating Facility Assent.”
K. UNANIMOUSLY 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:
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 and December 13, 2021.
Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 220 further supplemental emergency declarations (as of January 6, 2022) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On December 22, 2021, Governor McKee issued Executive Order 21-119 further extending the state of emergency to January 20, 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 January 10, 2022 to February 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 February 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 January 20, 2022, this Ordinance shall expire on that date.
14. CLOSED EXECUTIVE SESSION
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at approximately 8:42 PM 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; and for discussion of the Closed Executive Session minutes of December 13, 2021.
Regular Session is reconvened at approximately 9:40 PM, and it is
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held 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; and for discussion of the Closed Executive Session minutes of December 13, 2021.
UNANIMOUSLY VOTED: to adjourn at 9:42 PM.
Lucas Murray
Clerk Pro Tem