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JULY 25, 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 25th day of July 2022 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
The Town Council interviews Carol Babbitt Spears concerning her interest in being reappointed to the Affordable Housing Collaborative Committee.
James M. Manni reviews License Item 6A concerning an application for a Special Event Permit by the Contemporary Theater Company to conduct the Endless Summer Festival. It is expected to host approximately 1,000 people throughout the day and 300 vehicles. There will be no street or parking lot closures for the event, and it will be held on the Theater’s premises.
Public Hearing Item 7A relates to proposed amendments to the Zoning Ordinance that would add a third Alternate Member to the Zoning Board of Review. This item is in conjunction with New Business Item 12A. The Town Solicitor explains the basis for the amendment to guarantee there are always a minimum of five members present at meetings as required. It is noted that this amendment required General Assembly enabling legislation. The number of members are identified in the Town Charter and in order to amend the Charter, it is required that this be put on the November 8, 2022 ballot as a local question.
Communication Item 8A concerns an email from Elizabeth Karp tendering her resignation from the Affordable Housing Collaborative Committee. The Town Clerk notes that three resignations have been received in total for this Committee.
Mr. Manni notes that during the Town Manager’s Report he will address the Old Tower Hill Road vegetation and upkeep, and the Town wide water ban. It is noted that Jon Schock, Director of Public Services will be in attendance to give a presentation on water supply and usage in the Town. Mr. Manni reviews an additional item to his report which includes information on the Crisis Intervention Team trainings on deescalating tense situations involving mental health.
The Town Manager reviews the New Business items on this evening’s Agenda, beginning with Item 12B concerning Civil Action WC-2022-0224 filed in Washington County Superior Court by Stephen Adams, Esquire on behalf of his client, Linda Savastano relative to her separation from employment.
New Business Item 12C concerns an award of bid to Stillman Uniforms for Point Blank soft body armor. Soft body armor has an expiration date due to wear and tear, and these are extremely important to the safety of officers. The Town is able to receive 50% grant funding for the costs of the armor.
New Business Item 12D concerns an award of bid to Arden Engineering Constructors, LLC for the procurement and installation of three (3) HVAC mini split systems in the Town Council Chambers in an amount not to exceed $49,000.
New Business Item 12E relates to an award of bid to Student Transportation of America d/b/a Ocean State Transit for bus transportation services in an amount not to exceed $5,048 for FY 2022-2023, $6,000 for FY2023-2024 and $7,000 for FY2024-2025.
New Business Item 12F relates to an award of bid to East Coast Sealcoating, Inc. for crack repair and resurfacing of the basketball court at Old Mountain Field, tennis and basketball courts at West Kingston and Tuckertown Parks, and tennis courts at the Village Green in an amount not to exceed $83,900.
New Business Item 12G concerns an award of bid to Atlantic Control Systems, Inc. for municipal sub-contractor excavating services.
New Business Item 12H concerns granting Joint Petition #30602769 for Rhode Island Energy and Verizon New England to install a new Joint Pole 7-50 on the east side of Oakwoods Drive between existing poles 7 & 8 by 6 Dendron Road.
New Business Item 12I relates to authorizing the Town’s Emergency Medical Services to implement an EMS Medical Stand-By Fee at the overtime rate for EMS personnel, currently $42.67 per hour, and $35.00 per hour for equipment/vehicles.
New Business Item 12J relates to an award of bid to ATS Equipment, Inc. for a Dynapack CC900G asphalt roller in an amount not to exceed $20,250.
New Business Item 12K concerns an award of bid to Bobcat of RI for a 2022 T62 compact track loader in an amount not to exceed $51,306, with $1,306 in funding from the Capital Equipment Reserve Fund.
New Business Item 12N concerns an award of bid to AT Northern Warwick for a 2024 International HV507 dump truck with Viking stainless steel sanding body, Viking snowplow and pre-wet system in an amount not to exceed $216,995.
New Business Items 12L and 12M relate to tax abatements. Mr. Manni notes that Tax Abatement Request No. 603 is for tangible abatements, and Tax Abatement Request No. 604 is for real estate abatements which includes litigation settlement payments.
The Town Manager notes that there will be a Closed Executive Session this evening relative to matters pertaining to personnel regarding annual review of the Town Manager.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
JULY 25, 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 25th day of July 2022 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
The Pledge of Allegiance to the flag is given.
The Land Acknowledgement Statement is read.
Roll Call is taken and all members are present.
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on July 11, 2022 are accepted, approved, and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on July 11, 2022 are accepted, approved, and placed on file.
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6B. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to The Rhode House RI LLC d/b/a The Rhode House, 99 Fortin Road, Kingston, RI 02881. Application by Katia Erika Cuevas, Member; Renewals. License No. 61844.
(CA) 8B. 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) 12B. UNANIMOUSLY VOTED: that Civil Action WC-2022-0224 filed in Washington County Superior Court by Stephen Adams, Esquire on behalf of his client, Linda Savastano relative to her separation from employment with the South Kingstown School Department be referred to the Town Solicitor, the Town’s insurance carrier, and the School Department.
(CA) 12H. UNANIMOUSLY VOTED: to grant the Joint Petition #30602769 of Rhode Island Energy and Verizon New England to install a new Joint Pole 7-50 on the east side of Oakwoods Drive between existing poles 7 & 8 by 6 Dendron Road, and to use the public ways named for the purposes stated in said petition, that the work be done to the satisfaction of the Director of Public Services and notification to the Town for municipal utility mark-out prior to pole setting, and that this approval is conditioned upon the removal of all existing double poles along the entire length of Oakwoods Drive prior to new pole(s) placement; and any new double poles created as part of this request be removed within sixty (60) calendar days of new pole(s) placement. Said petition is further described in a memorandum from the Public Services Director to the Town Manager dated July 12, 2022 and entitled “Rhode Island Energy Pole Setting Request – Pole 7-50 Oakwoods Drive.” Book 6, page 19.
(CA) 12L. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $2,780.48, as shown on Tax Abatement Request No. 603.
(CA) 12O. UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --… “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
A. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Zoning Ordinance that would add a third Alternate Member to the Zoning Board of Review, as follows:
PROPOSED AMENDMENTS TO THE ZONING ORDINANCE
ARTICLE 9. ADMINISTRATION, ENFORCEMENT AND RELIEF
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Sec. 906. Zoning Board of Review.
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B. Membership. The zoning board shall consist of five (5) members, appointed by the Town Council, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. The board shall also include two (2) three (3) alternates, to be appointed by the Town Council, to be designated as the first and, second and third alternate members, for terms of five (5) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing and the second shall vote if two (2) members of the Board are unable to serve at a hearing and the third shall vote if three (3) members of the Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. In the absence of the second alternate member, the third alternate shall serve in the position of the second alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission.
This Ordinance shall take effect upon passage.
The Town Solicitor reviews the purpose of the proposed amendments to ensure that there are always a minimum of five members present at the meetings. General Assembly approval of enabling legislation was received for this amendment.
Discussion ensues relative to Alternate Members being required to attend and participate in the meetings which also provides education and training for their eventual promotion to full members. The number of members are identified in the Town Charter and in order to amend the Charter, it is required that this be put on the November 8, 2022 ballot as a local question. It is noted that this amendment would take effect after the election, if approved by the voters.
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt amendments to the Zoning Ordinance that add a third Alternate Member to the Zoning Board of Review, as follows:
AMENDMENTS TO THE ZONING ORDINANCE
ARTICLE 9. ADMINISTRATION, ENFORCEMENT AND RELIEF
*********
Sec. 906. Zoning Board of Review.
*********
B. Membership. The zoning board shall consist of five (5) members, appointed by the Town Council, each to hold office for the term of five (5) years; provided, however, that the original appointments shall be made for terms of one (1), two (2), three (3), four (4), and five (5) years respectively. The board shall also include two (2) three (3) alternates, to be appointed by the Town Council, to be designated as the first and, second and third alternate members, for terms of five (5) years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Board is unable to serve at a hearing and the second shall vote if two (2) members of the Board are unable to serve at a hearing and the third shall vote if three (3) members of the Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. In the absence of the second alternate member, the third alternate shall serve in the position of the second alternate. No member or alternate may vote on any matter before the Board unless they have attended all hearings concerning such matter. No member or alternate may participate in any way whatsoever on any matter for which they would have a conflict of interest as defined by the Rhode Island law and the Rhode Island Ethics Commission.
A. Christopher J. Simpson is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Special Event Permit to conduct the Endless Summer festival on Saturday, August 27, 2022 from 4 PM to 11 PM at 321-327 Main Street to the Contemporary Theater Company, 321 Main Street, Wakefield, RI 02879 subject to departmental approvals. Application by Christopher J. Simpson.
UNANIMOUSLY VOTED: that an email dated July 14, 2022 from Liz Karp submitting her resignation from the Affordable Housing Collaborative Committee is accepted, and the Town Council directs that a letter of thanks be sent.
Discussion ensues relative to contacting applicants regarding vacancies on Town boards. The Town Clerk notes that board vacancies are posted on a quarterly basis, and that applications of people that were not appointed are kept on file for one year.
Council President McEntee invites residents to come forward with comments.
Gary Chapman is present and comments on the Town wide water ban and requests to make his public comment during the Town Manager’s Report.
Karen Ramsay is present and comments on her concerns on the Town wide water ban and submitted a written statement on the water issues which is on file in the Clerk’s Office.
Chris Iredale is present and comments on buying water from the Kingston Water District.
Glen Ramsay is present and comments on his concerns with the water ban, buying water from other districts, and new developments being built in districts where water supply is scarce.
The Town Manager gives a brief overview on the Town wide water ban. Eighty-one percent of the Town is on some type of municipal water system including Veolia with 5,200 accounts, South Shore water system with 2,800 accounts, and Kingston Water District with 1,200 accounts. A statistical analysis shows that from 2008 through 2022 there were 5 full water bans. Veolia recommends a full water ban because the towers cannot fully replenish from the everyday use during the summer months. It is not advisable to build another well or build more towers due to the Chipuxet aquifer already being overtaxed. There is another aquifer located in Green Hill that has three existing wells, but the filtration system is insufficient, and a new filtration system would need to be installed at the three Green Hill wells which would cost approximately $12 million to bring them to the required standards. The wells could supply approximately 1.2 million gallons a day which is still insufficient to the amount of water needed to remove the water ban. Efforts have been made to seek funding that does not involve charging the taxpayers.
Mr. Manni announces that this will be Jon Schock’s last meeting before he retires, and commends him for his hard work and dedication to the Town over many years.
Jon Schock, Director of Public Services is in attendance and presents a map of water utilities in the Town which supplies the University of Rhode Island, Kingston Water District, South Shore water system, Middlebridge water system, and Veolia (formerly Suez). The Town is presently purchasing water from Veolia, and the water is withdrawn from the Chipuxet aquifer which does not have the capacity for a new well. Mr. Schock reviews the issues with storage and transmission of water, the engineering issues associated with interconnecting the water systems in Kingston, and the usage in South Shore.
Discussion ensues relative to the issues with unattended automatic sprinklers that the Town can’t keep up with, costs for homeowners to drill a well, and the monitoring system in place to see where water usage is going. Discussion continues relative to possibly purchasing rain barrels to sell to residents at cost, potential to limit the ban to lawn sprinkler systems, and the importance of education on water usage.
Gary Chapman comments on having a representative from Veolia at the meeting for this presentation, water supply in the Town, stopping new connections due to the supply issues, and proposes the Town do a system survey to evaluate how to solve the supply problems.
The Town Council requests that Veolia be invited to the next meeting for a presentation, commends Mr. Schock on his hard work and commitment to the Town, and wishes him well in his retirement.
The Town Manager reviews Rhode Island Department of Transportation (DOT) maintenance of Old Tower Hill Road. Mr. Manni notes that he contacted DOT relative to the 24 bio-retention areas that have become a problem. It is noted that weeds are overtaking the natural grasses that were planted and DOT has stated that they will fix the problems by hiring a landscaper to maintain the area with the assistance of Town staff.
The Town Manager reports on the Crisis Intervention Team (CIT), and their training to deescalate tense situations usually involving mental health. There are eight SK Police Officers certified in crisis intervention, and EMS has two staff members certified with the goal to certify all EMS staff in the future. Mr. Manni references a recent incident at the Jonnycake Center that involved someone with mental illness, and the police were able to defuse the situation using the tools learned from CIT training.
The Town Manager’s Interim Report dated July 14, 2022, and the Miscellaneous Report dated July 21, 2022 are accepted, approved and placed on file.
UNANIMOUSLY VOTED: to reappoint Carol Babbitt Spears to the Affordable Housing Collaborative for a term to expire in August 2025.
UNANIMOUSLY VOTED: to appoint Ronald Bergeron to the 300th Anniversary Steering Committee.
A. UNANIMOUSLY VOTED: to request the Secretary of State to place a local referendum question on the ballot for the November 8, 2022 General Election relative to amending the Town Charter, Article IV. Administrative Departments and Procedures, Section 4920. Zoning board of review as follows:
“Shall Sec. 4920 of the Town Charter be amended to provide that the Zoning Board shall consist of five members and three alternate members?”
C. UNANIMOUSLY VOTED: to authorize an award of bid to Stillman Uniforms, 271 Post Road E-1, Westerly, RI 02891 for Point Blank soft body armor per the unit prices as submitted by bid on July 12, 2022; unit pricing to be held through June 30, 2023, with the option to extend one additional year through June 30, 2024, inclusive, if mutually agreeable to both parties; and as further described in a memorandum from the Police Chief to the Town Manager dated July 12, 2022 and entitled “Bid Recommendation – Body Armor – SK0059PD.”
D. Mark Russo, Facilities Superintendent is present and reviews the process of budgeting for and evaluating the installation of an HVAC system in the Town Council Chambers. It was noted that installing this system would also lower the Town’s natural gas usage.
Discussion ensues relative to maintaining the historic and aesthetic appeal of the Council Chambers, and cost differences between HVAC split systems and ducted systems.
UNANIMOUSLY VOTED: to authorize an award of bid to Arden Engineering Constructors, LLC, 505 Narragansett Park Drive, Pawtucket, RI 02861 for the procurement and installation of three (3) HVAC mini split systems in the Town Council Chambers in accordance with all bid specifications in an amount not to exceed $49,000, including a contingency, and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated July 13, 2022 and entitled “Bid Recommendation – HVAC-Town Council Chambers.”
E. UNANIMOUSLY VOTED: to authorize an award of bid to Student Transportation of America d/b/a Ocean State Transit, 45 Fairgrounds Road, West Kingston, RI 02892 for Bus Transportation Services, in accordance with all bidding specifications, at unit prices as bid, for a three-year contract from July 1, 2022 through June 30, 2025 in an amount not to exceed $5,048 for FY 2022-2023, $6,000 for FY2023-2024 and $7,000 for FY2024-2025, subject to annual appropriation of funding; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated July 12, 2022 and entitled “Recommendation for Bid Award - Bus Transportation.”
F. UNANIMOUSLY VOTED: to authorize an award of bid to East Coast Sealcoating, Inc., 766 Adams Street, Abington, MA 02351 for crack repair and resurfacing of the basketball court at Old Mountain Field, tennis and basketball courts at West Kingston and Tuckertown Parks, and tennis courts at the Village Green, in accordance with all bid specifications, in an amount not to exceed $83,900; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated July 18, 2022 and entitled “Bid Recommendation Tennis and Basketball Court Resurfacing.”
G. UNANIMOUSLY VOTED: to authorize an award of bid to Atlantic Control Systems, Inc., P.O. Box 313, Exeter, RI 02822 for municipal sub-contractor excavating services for a two- (2) year contract for the period July 1, 2022 through June 30, 2024, at the unit prices bid; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated July 13, 2022 and entitled “Bid Recommendation - Municipal Excavation Sub-Contractor Services.”
I. UNANIMOUSLY VOTED: to authorize the Town’s Emergency Medical Services to implement an EMS Medical Stand-By Fee at the overtime rate for EMS personnel, currently $42.67 per hour, and $35.00 per hour for equipment/vehicle, and amend the EMS billing fee schedule in the Town’s Schedule of Fees; as further described in a memorandum from the Chief of EMS to the Town Manager dated July 19, 2022 and entitled “EMS Fee Schedule – Addition of EMS Medical Stand-By Fee.”
J. UNANIMOUSLY VOTED: to authorize an award of bid to ATS Equipment, Inc., 51 Fall River Avenue, Rehoboth, MA 02769 for a Dynapack CC900G asphalt roller in an amount not to exceed $20,250; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 19, 2022 and entitled “Bid Recommendation – 1.5 Ton Tandem Asphalt Roller.”
K. UNANIMOUSLY VOTED: to authorize an award of bid to Bobcat of RI, 421 Lincoln Avenue, Warwick, RI 02888 for a 2022 T62 compact track loader in an amount not to exceed $51,306, with $1,306 in funding from the Capital Equipment Reserve Fund; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 19, 2022 and entitled “Bid Recommendation – Track Skid Loader.”
M. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $60,237.83, as shown on Tax Abatement Request No. 604.
N. UNANIMOUSLY VOTED: to authorize an award of bid to AT Northern Warwick, 17 O'Keefe Lane, Warwick, RI 02888 for a 2024 International HV507 dump truck with Viking stainless steel sanding body, Viking snowplow and pre-wet system in an amount not to exceed $216,995; as further described in a memorandum from the Public Services Director to the Town Manager dated July 19, 2022 and entitled “Bid Recommendation – Dump Truck 66,000 GVW.”
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 8:46 PM pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel regarding James M. Manni, Town Manager.
It is noted that Mr. Manni was given statutory notice of his right to have this discussion in Open Session.
Regular Session is reconvened at 9:09 PM, and it is,
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel regarding James M. Manni, Town Manager.
It is noted that no votes were taken in Closed Executive Session.
Discussion ensues relative to the Town Manager’s successful performance, Mr. Manni’s efforts in pursuing grant funding on various items to leverage additional resources for the Town, and his continuous updates to the Council.
UNANIMOUSLY VOTED: to approve a 2.5% salary increase for the Town Manager effective July 1, 2022, based upon annual review of the Town Manager’s performance, and in accordance with the FY 2022-2023 non-union personnel salary increase.
UNANIMOUSLY VOTED: to adjourn at 9:12 PM.
Susan M. Flynn, CMC
Town Clerk