Click 
to view the entire meeting or click any video icon below to jump to that section of the meeting.
WORK SESSION
JULY 11, 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 11th day of July 2022 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Jessica L. Rose
1. A. INTERVIEW 
The Town Council interviews Michael Gagas concerning his interest in being appointed to the Economic Development Committee.
The Town Council interviews Elizabeth Karp concerning her interest in being appointed to the Planning Board.
1. B. WORK SESSION
James M. Manni, Town Manager reviews the new licenses on this evening’s Agenda, beginning with Item 6A concerning an application for new Victualling, Dance and Tourist Accommodations Licenses filed by Bravo by the Sea, LLC. The restaurant is being purchased from Bistro by the Sea and new business licenses are required.
License Item 6B concerns an application for a Victualling License filed by Wanida Corporation d/b/a The Boss. The restaurant was sold to a new owner and a new license is required. .
Public Hearing Item 7A concerns an application to transfer the Class B Tavern Liquor License held by Pamfilios, Inc. d/b/a Bistro by the Sea by Richard Paolo, President to Bravo by the Sea, LLC by Jeffrey Quinlan, Member.
The Town Manager reviews the Communications on this evening’s Agenda, beginning with Item 8A concerning an email from Joanne Esposito, Chairwoman, 300th Anniversary Steering Committee requesting to present an update on the Committee’s plans for the Town’s upcoming anniversary next year. It is proposed to have Ms. Esposito provide the Town Manager with a status report and then a presentation can be scheduled at a future meeting.
Communication Item 8B concerns a letter from Rebecca Schmid, General Manager, Ram Point Marina requesting that the 5-year riparian lease along the river dock be combined with their 30-year lease of Town property. The Town Manager notes that this item is under review and requests this be referred to his office.
Mr. Manni notes that during the Town Manager’s Report, he will introduce the three new department heads, present a status report on the EMS facility, and profile the Parks and Recreation Department.
New Business Items 12A, 12B, 12C, and 12D are memoranda from the Director of Public Services relative to the purchase of wastewater chemicals. It is noted that there have been issues in the past with obtaining some of the materials due to short supply.
New Business Item 12E concerns an amendment to an award of bid to UniFirst Corporation for Uniform Leasing Services for various Town departments.
New Business Item 12F relates to an award of bid to Liberty Chevrolet for the purchase one 2022/23 Chevrolet Silverado 3500 Pickup Truck with Snow Plow in an amount not to exceed $64,306.
New Business Item 12G relates to establishing an annual stipend of $350 for the Alternate Members of the Canvassing Authority, and an annual stipend of $1,000 for the Clerk of the Canvassing Authority. The Town Clerk reviews the legal requirement to provide compensation to the members. Discussion ensues relative to stipends paid to other Board and Commission members.
New Business Item 12J concerns an amendment to an award of contract to GZA GeoEnvironmental, Inc. for Design, Permitting & Construction Inspection Services for the Marina Park Boat Ramp and Town Dock from an amount not to exceed $80,000 to an amount not to exceed $81,200. The Town Manager reviews the voluminous work load needed for the project, and notes the Town is looking into potential grants to lower costs.
New Business Item 12K, continued from June 27, 2022 concerns an individual Payment in Lieu of Tax (PILOT) Agreement for FY 2022-2023 with The South Kingstown Land Trust. The Town Solicitor notes that the Item was continued due to the need for further review and clarification. The terms of the agreement included PILOT payments amounting to one half of the assessed value of the barn on the property that is used for fundraising, and there are currently two new buildings on the premises that are used as the Organization’s offices and for administrative purposes. It is proposed to keep the PILOT terms the same.
New Business Item 12L is relative to extending the Town’s Declaration of Emergency.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
JULY 11, 2022
At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 11th day of July 2022 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
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 four members are present. Councilwoman Kelso is absent.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on June 27, 2022 are accepted, approved, and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on June 27, 2022 are accepted, approved, and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6C. UNANIMOUSLY VOTED: to grant a Victualling License to Albie’s Place, Inc. d/b/a Albie’s Place, 99 Fortin Road, Kingston, RI 02881. Application by Jason Wichert, President; Renewal. License No. 59653.
(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Seaview Marketplace, Inc. d/b/a Seaview Market, 682 Matunuck Beach Road, Wakefield, RI 02879. Application by Ryan Saber, President; Renewal. License No. 59713.
(CA) 6E. UNANIMOUSLY VOTED: to grant a Tourist Accommodations License for 3 spaces, 6 persons to Sheppard’s Campus Bed & Breakfast, 16 Campus Avenue, Kingston, RI 02881. Application by David and Patricia Sheppard, Owners; Renewal. License No. 61883.
(CA) 8B. UNANIMOUSLY VOTED: that a letter dated June 22, 2022 from Rebecca Schmid, General Manager, Ram Point Marina requesting that the 5-year riparian lease along the river dock be combined with their 30-year lease of Town property is received, placed on file, and referred to the Town Manager.
(CA) 8C. 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) 13H. UNANIMOUSLY VOTED: that Civil Action File Number PC-2022-04090 filed in Superior Court by James V. Burchfield Jr., Esquire on behalf of his client, Ryan Adler relative to an incident that occurred on or about June 25, 2021 be referred to the Town Solicitor.
(CA) 13I. UNANIMOUSLY VOTED: that Civil Action File Number WC-2021-0510 filed in Superior Court by Sean Paul Klammer, Esquire on behalf of his client, Taban Holdings, LLC relative to a Third Amended Verified Complaint to Quiet Title be referred to the Town Solicitor.
(CA) 13M. 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. Jeffrey Quinlan is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant Victualling, Dance and Tourist Accommodation Licenses to Bravo by the Sea, LLC, 364 Cards Pond Road, Wakefield, RI 02879 subject to approval by the Fire Chief. Application by Jeffrey Quinlan, Member, New. License No. 75751.
B. Narisara Kong In is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Victualling License to Wanida Corporation d/b/a The Boss, 682 Kingstown Road, Wakefield, RI 02879. Application by Narisara Kong In, Incorporator; New. License No. 75939.
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is held relative to an application to transfer the Class B Tavern Liquor License held by Pamfilios, Inc. d/b/a Bistro by the Sea, 364 Cards Pond Road, Wakefield, RI 02879 by Richard Paolo, President to Bravo by the Sea, LLC by Jeffrey Quinlan, Member, 364 Cards Pond Road, Wakefield, RI 02879 for the first floor restaurant, gazebo for intermission, tents on tennis court and 32’ x 50’ patio in accordance with Special Use Permits granted by the Zoning Board of Review on August 15, 2007 and March 17, 2010; as further defined in a site plan on file in the Town Clerk’s office.
Jeffrey Quinlan is present and testifies, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to grant 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 TAVERN LIQUOR LICENSE
Transfer of a Class B Tavern Liquor License from Pamfilios, Inc. d/b/a Bistro by the Sea, 364 Cards Pond Road, Wakefield, RI 02879 by Richard Paolo, President to Bravo by the Sea, LLC by Jeffrey Quinlan, Member, 364 Cards Pond Road, Wakefield, RI 02879 for the first floor restaurant, gazebo for intermission, tents on tennis court and 32’ x 50’ patio in accordance with Special Use Permits granted by the Zoning Board of Review on August 15, 2007 and March 17, 2010; as further defined in a site plan on file in the Town Clerk’s office.
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, the correction of any fire code violations, and the satisfaction of all claims.
8. COMMUNICATIONS
A. Discussion ensues relative to having Joanne Esposito provide the Town Manager with a status update, and scheduling a presentation on the 300th Anniversary Steering Committee’s plans at a later date, and it is
UNANIMOUSLY VOTED: that an email dated June 22, 2022 from Joanne Esposito requesting to present an update on the 300th Anniversary Steering Committee’s plans for the Town’s upcoming anniversary next year is received, placed on file, and referred to the Town Manager.
9. COMMENTS FROM INTERESTED CITIZENS
Council President McEntee invites residents to come forward with comments.
Tom Russell, Member, Saugatucket Homeowners Association is present and comments on issues the HOA has had with the homeowner at 72 Sophia Court. It is stated that the homeowner has been doing construction work without permits and renting out rooms within the home. Mr. Russell reviews the violation notices sent to the homeowner and the unpermitted bedrooms that were added.
UNANIMOUSLY VOTED: to add to the Agenda for discussion purposes, allegations of unpermitted construction and rental issues at property located at 72 Sophia Court.
The Town Solicitor notes he will contact the Building Official to obtain the information and follow up with the Town Council.
Discussion ensues relative to the potential establishment of a municipal court and a rental registration program.
Bob Trager is present and comments on candidates’ statements on elections, and local resources for mental health.
10. TOWN MANAGER’S REPORT
The Town Manager presents a profile on the Parks and Recreation Department including their combined operating budget of nearly $3.6 million, and staffing that includes National Recreation and Park Association certified professionals. Parks and Recreation indoor facilities include the Neighborhood Guild, Community Recreation Center, Tri-Pond Nature Center, Peace Dale Office Building, Stepping Stone Pre-School, and the Main Street Comfort Station Meeting Room. Outdoor facilities include 17 municipal parks, the William O’Neill Bike Path, Town Beach and Noyes Farm Property, in addition to numerous athletic facilities. Programs include athletic leagues, art, community events, youth programming, adult programs and classes, music, preschool programs, environmental programs and summer camps. The Division is 50% funded by non-tax revenues. The Town Council commends Theresa Murphy, Director of Leisure Services for her hard work and dedication in managing the Parks and Recreation Department.
The Town Manager gives a brief presentation on the future EMS facility. The property is very close to acquisition from the South Kingstown Land Trust for $10,000. The Town Manager reviews the design, permitting and construction timeline after the Purchase and Sales Agreement is executed. There are currently American Rescue Plan Act funds reserved in the amount of $1.1 million for the facility, and additional federal grant funding is being requested.
The Town Manager introduces three newly-hired department directors: Brian Sylvia, Finance Director, Mark Capuano, Tax Assessor, and Richard Bourbonnais who will become Director of Public Services upon Jon Schock’s retirement in August. Mr. Sylvia, Mr. Capuano, and Mr. Bourbonnais individually thank the Town for the opportunity of their positions and speak briefly on their experience. The Town Manager’s Interim Report dated June 30, 2022, and the Miscellaneous Report dated July 7, 2022 are accepted, approved and placed on file.
11. APPOINTMENTS
UNANIMOUSLY VOTED: to appoint Elizabeth Karp to the Planning Board to fill a term to expire in May 2025.
UNANIMOUSLY VOTED: to appoint Michael Gagas to the Economic Development Committee to fill a term to expire in March 2025.
12. NEW BUSINESS
A. UNANIMOUSLY VOTED: to authorize an award of bid to Univar Solutions, 200 Dean Sievers Place, Morrisville, PA 19067 for sodium bisulfite at the unit bid price of $2.1990 per gallon; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 1, 2022 and entitled “Bid Recommendation – Wastewater Chemicals.”
B. UNANIMOUSLY VOTED: to authorize an award of bid to Borden & Remington Corp., PO Box 2573, Fall River, MA 02722 for sodium hypochlorite at the unit bid price of $2.0607 per gallon; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 1, 2022 and entitled “Bid Recommendation – Wastewater Chemicals.”
C. UNANIMOUSLY VOTED: to authorize an award of bid to International Dioxcide, Inc., 40 Whitecap Drive, North Kingstown, RI 02852 for sodium chlorite at the unit bid price of $10.54 per gallon; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 1, 2022 and entitled “Bid Recommendation – Wastewater Chemicals.”
D. UNANIMOUSLY VOTED: to authorize award of contract to Atlantic Coast Polymer, Inc., 224 Commercial Boulevard, Suite 204, Lauderdale By The Sea, FL 33308 for APC345 polymer at the unit price of $2.23 (ACP345) and $2.25 (274Flex); and as further described in a memorandum from the Public Services Director to the Town Manager dated July 6, 2022 and entitled “Wastewater Division Proprietary Chemical – Polymer.”
E. UNANIMOUSLY VOTED: to authorize an amendment to an award of bid originally granted on June 12, 2017, and amended on September 29, 2020 and June 28, 2021, to UniFirst Corporation, 33 Lambert Lind Highway, Warwick, RI 02888 for Uniform Leasing Services at the unit prices bid for the period July 1, 2022 through June 30, 2023; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 5, 2022 and entitled “Bid Recommendation – Uniform Leasing Services Contract Extension.”
F. UNANIMOUSLY VOTED: to authorize an award of bid to Liberty Chevrolet, 90 Bay State Road, Wakefield, MA 01880 for the purchase of one 2022/23 Chevrolet Silverado 3500 Pickup Truck with Snow Plow in accordance with all bid specifications in an amount not to exceed $64,306; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated July 6, 2022 and entitled “Bid Recommendation – One Ton Pickup Truck with Snow Plow.”
G. The Town Clerk reviews the appointment of Alternate Members to the Canvassing Authority in accordance with state law which also requires that all members be compensated. The Chairperson is compensated at $750 per year, Authority Members are compensated at $700 per year, and it is proposed that Alternate Members be compensated at $350 per year.
UNANIMOUSLY VOTED: to establish an annual stipend of $350 for the Alternate Members of the Canvassing Authority, and an annual stipend of $1,000 for the Clerk of the Canvassing Authority; as further described in a memorandum from the Town Clerk to the Town Manager dated July 6, 2022 and entitled “Stipends for Board of Canvassers and Clerk.”
J. UNANIMOUSLY VOTED: to authorize an amendment to an award of contract originally granted on April 12, 2021 to GZA GeoEnvironmental, Inc., 188 Valley Street, Providence, RI 02909 for Design, Permitting & Construction Inspection Services for the Marina Park Boat Ramp and Town Dock, from an amount not to exceed $80,000 to an amount not to exceed $81,200; as further described in a memorandum from the Leisure Services Director to the Town Manager dated July 7, 2022 and entitled “Marina Park Boat Ramp – Increase in Design Scope of Work/Funding.”
K. The Town Solicitor reviews the purpose of PILOT agreements with charitable organizations. The Town enters into a PILOT agreement with the Land Trust every year, and the terms of the agreement included PILOT payments amounting to one half of the assessed value of the barn on the property that is used for fundraising. There are currently two new buildings on the premises that are used as the Organization’s offices and for administrative purposes. It is proposed to keep the PILOT terms the same going forward and not include the two new buildings in the agreement.
UNANIMOUSLY VOTED: to authorize the Town Manager to execute an individual Payment in Lieu of Tax (PILOT) Agreement for FY 2022-2023 with The South Kingstown Land Trust in accordance with the Town Code, Chapter 17 Taxation, Article IV. Property Tax Exemptions and Payment in Lieu of Tax Agreements for Charitable Organizations, Section 17-45. Authorization, and to affirm the policy guidelines; and as further described in a memorandum from the Town Solicitor to the Town Council dated July 6, 2022 and entitled “2022-2023 SK Land Trust PILOT Agreement.”
L. Discussion ensues relative to the purpose of extending the Declaration of Emergency, and continued concerns regarding COVID-19.
A roll call vote is taken, and a resolution to extend the Town’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020 and subsequently renewed on a monthly basis fails by a vote of two to two.
President McEntee and Vice President Collins voted for, Councilwomen Bergner and Rose voted against. Councilwoman Kelso is absent.
UNANIMOUSLY VOTED: to add to the Agenda for discussion a lawsuit filed by Stephen Adams, Esquire on behalf of his client, Linda Savastano relative to her separation from employment with the South Kingstown School Department.
The Town Solicitor reviews the allegations in the lawsuit, which has been referred to the Town’s insurance carrier and the Town Solicitor’s office for defense and processing. The Town Solicitor clarifies that his office is on a monthly retainer that covers all services provided by the Solicitor and the lawsuit will not cost the Town additional funds as a result of this litigation.
UNANIMOUSLY VOTED: to adjourn at 8:30 PM.
Susan M. Flynn, CMC
Town Clerk