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JUNE 13, 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 13th day of June 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 Ellen Noordzy concerning her interest in being appointed to the Planning Board.
The Town Council interviews William Eden concerning his interest in being appointed to the Planning Board.
The Town Council interviews Samuel Grimley concerning his interest in being reappointed to the Waterfront Advisory Commission.
James M. Manni, Town Manager reviews the Licenses on this evening’s Agenda, beginning with Items 6A and 6B, applications by Southern RI Chamber of Commerce for two Class F 19-Hour Beverage Licenses for the Taste of Southern Rhode Island event and the Taste of Sugar event.
License Item 6C concerns an application for a Firearms and Ammunitions License by Leonard Cuoco d/b/a Freedom Sports and Arms. The Town Manager notes a communication was received relating to this store.
The Town Manager reviews Public Hearing Item 7A concerning the adoption of FY 2022-2023 Position Allocation to Pay Schedule; Lucas Murray, Director of Administrative Services will be in attendance to present.
The Town Manager reviews the Communications on this evening’s Agenda, beginning with Item 8A concerning a memorandum from Brian Wagner, Senior Planner regarding a request from the Historic District Commission to acknowledge SK Preservation Award winners. This item was continued from the May 23, 2022 meeting.
Communication Item 8B concerns recognizing SK Planning Board Chairwoman Maria Mack for her achievement in receiving the APA-RI President’s Award, and SK School Committee Vice Chairwoman Michelle Brousseau for her achievement in receiving the RIASC Howard Kay Award.
Communication Item 8H concerns an email from Kateri Collins tendering her resignation from the Bicycle – Pedestrian Advisory Committee.
Communication Item 8J concerns an email from Roxanne Beinart in opposition to the proximity of gun stores to South Kingstown Schools.
Communication Item 8N concerns emails from Bethany Sorrentino, Joseph Sorrentino III, and Jacy Northup relative to Representative Carol McEntee’s comments in regard to potential reuse of Wakefield Elementary School during the General Assembly’s discussion of House Bill 7943. The Town Manager notes he has spoken with Representative McEntee and will discuss during the Regular Session.
Communication Item 8O concerns an email from Stephanie Maass regarding property revaluations at Roy Carpenter’s Beach.
The Town Manager’s Report will profile each Town Department, their budgets, personnel, and what they handle on an intermittent basis. The Public Safety Department will be covered in tonight’s report.
The Town Solicitor’s report concerns potential adoption of a proposed Town Flag Policy. Amy Goins, Assistant Town Solicitor will present the report.
The Town Manager reviews the New Business Items on this evening’s Agenda, beginning with Item 13A, authorizing the Tax Assessor to abate taxes in the total amount of $10,219.26.
New Business Item 13B concerns an award of bid to StarNet Solutions, Inc. in an amount not to exceed $49,543, including a $2,000 contingency for Police server infrastructure hardware.
New Business Item 13C concerns an award of bid to East Winds Dry Cleaners, Inc. for dry cleaning and laundry services for the Police Department. This agreement would be for a three year term.
New Business Item 13D concerning the employee benefits provided to non-union personnel will be presented by Lucas Murray, Director of Administrative Services. The Council may wish to bring the item forward after the Public Hearing.
New Business Item 13E concerns authorizing the Town Manager to execute an engagement letter with Attorney Vincent F. Ragosta as special legal counsel to represent the Town with regard to public safety labor issues.
New Business Item 13G concerns extending the Town’s Declaration of Emergency.
New Business Item 13H concerns an award of bid to Narragansett Improvement Co. in an amount not to exceed $39,545 for sidewalk improvements at the Senior Center.
New Business Item 13I concerns an award of contract to Ochs, Inc. for a three-year Term Life and Accidental Death and Dismemberment contract. This is insurance that the Town provides to municipal employees.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
JUNE 13, 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 13th day of June 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 May 23, 2022 are accepted, approved, and placed on file.
B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on May 23 and June 2, 2022 are accepted, approved, and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on May 23, 2022 are accepted and approved.
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales licenses to the following; Renewals:
Baked Providence, RI Operators, LLC d/b/a Insomnia Cookies, 99 Fortin Road Unit 136, Kingston, RI 02881. Application by Terri Caramenico, Facilities Manager; License No. 65535.
Richard Paolo Realty d/b/a The Original Vanilla Bean, 757 Matunuck Beach Road, Wakefield, RI 02879. Application by Richard Paolo, Owner; License No. 61740.
(CA) 6E. UNANIMOUSLY VOTED: to grant a Laundry License to Matunuck Laundry, 706 Matunuck Beach Road, Wakefield, RI 02879. Application by Barbara Placido, Owner; Renewal. License No. 66592.
(CA) 6F. UNANIMOUSLY VOTED: to grant a Victualling License to Breakfast Nook Inc., II d/b/a Breakfast Nook II, 575 Kingstown Road, Wakefield, RI 02879 subject to submittal of Retail Sales Tax permit. Application by Richard Seddon, President; Renewal. License No. 59646.
(CA) 6G. UNANIMOUSLY VOTED: to grant a Tourist Accommodations License for three spaces/six persons to Sheppard’s Campus Bed & Breakfast, 16 Campus Avenue, Kingston, RI 02881. Application by David Sheppard, Owner; Renewal. License No. 61883.
(CA) 8C. UNANIMOUSLY VOTED: that emails from Lydia S., Ilana Rose, Chelsea Hudock, Ann Bisland, Heather Hopkins, Seamus Hearne and Jodi Tetelbaum, Kelly Harrington, Bob Mohr, Kim Reilly, Chris Hubbard, Pippa and Sean O’Rourke, and Elizabeth P. relative to the School Department’s elimination of the DLI Program are received and placed on file.
(CA) 8D. UNANIMOUSLY VOTED: that a letter dated May 18, 2022 from Luke Lehouiller concerning the condition of South Kingstown High School is received and placed on file.
(CA) 8E. UNANIMOUSLY VOTED: that an email dated May 20, 2022 from Jenifer Madison, District Manager providing a copy of the Kingston Fire District’s 3rd Quarterly Report for Fiscal Year 2021-2022 is received and placed on file.
(CA) 8F. UNANIMOUSLY VOTED: that an email dated May 22, 2022 from Jill Misto concerning ongoing Sunday morning power outages in her neighborhood and a response from the Director of Public Services are received and placed on file.
(CA) 8G. UNANIMOUSLY VOTED: that emails dated May 23 and May 24, 2022 from Sydney Cagnetta, Cathy Blaney, Mara Trachtenberg, Erica Martell, and Eliot Van Buskirk in opposition to budget cuts to the South Kingstown School District’s performing arts programs are received and placed on file.
(CA) 8I. UNANIMOUSLY VOTED: that an email dated May 26, 2022 from Todd Estus extending an invitation to the Troop 1 Kingston Eagle Court of Honor on June 19th is received and placed on file.
(CA) 8K. UNANIMOUSLY VOTED: that emails from Lou Chrostowski and Sarah LeClair concerning flying the Pride Flag in recognition of LGBTQ Pride Month, and a response issued by the Town Solicitor are received, placed on file, and referred to the Town Solicitor’s Report.
(CA) 8L. UNANIMOUSLY VOTED: that a letter dated June 2, 2022 from Paul Roselli, President, RI Conservation Commission encouraging appointed officials in natural resources conservation or land preservation to attend the Land and Water Conservation Summit being held July 14 - July 16 is received and placed on file.
(CA) 8M. UNANIMOUSLY VOTED: that an email dated June 3, 2022 from Jerilyn DeLuca-Hawk in opposition to proposed budget cuts to South Kingstown High School personnel is received and placed on file.
(CA) 8P. 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) 13F. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B 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.
(CA) 13J. UNANIMOUSLY VOTED: to authorize an award of contract to Sertex Utility Services, 22 Center Parkway, Plainfield, CT 06374 for fiber installation at the Peace Dale Office Building in an amount not to exceed $7,750 including a $1,000 contingency; as further described in a memorandum from the Leisure Services Director to the Town Manager dated June 1, 2022 and entitled “Peace Dale Office Building – Fiber Installation & Network Equipment Recommendation.”
(CA) 13K. UNANIMOUSLY VOTED: to authorize an award of purchase to TBNG (Vancord), 500 Boston Post Road, Milford, CT 06460 for network equipment for the Peace Dale Office Building in an amount not to exceed $8,085; as further described in a memorandum from the Leisure Services Director to the Town Manager dated June 1, 2022 and entitled “Peace Dale Office Building – Fiber Installation & Network Equipment Recommendation.”
(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.”
A. Joe Viele is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to the Southern RI Chamber of Commerce for the Taste of Southern Rhode Island event to be held on Thursday, September 22, 2022 from 5 PM to 9 PM under a tent in the field at 2984 Commodore O.H. Perry Highway, Wakefield. Application by Joe Viele, Executive Director, 230 Old Tower Hill Road, Wakefield, RI 02879; New. License No. 75730.
B. Joe Viele is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to the Southern RI Chamber of Commerce for the Taste of Sugar event to be held on Friday, September 23, 2022 from 5 PM to 9 PM under a tent in the field at 2984 Commodore O.H. Perry Highway, Wakefield. Application by Joe Viele, Executive Director, 230 Old Tower Hill Road, Wakefield, RI 02879; New. License No. 75731.
C. The Town Manager reviews the background of the Firearms and Ammunitions License and notes that there are no laws prohibiting the location of the gun store and its proximity to Wakefield Elementary School. It is noted that Leonard Cuoco was not requested to attend this evening. Discussion ensues relative to the license holder being in compliance with all federal, state and town requirements, and it is
UNANIMOUSLY VOTED: to grant a Firearms and Ammunitions License to Freedom Sports and Arms, 232 High Street, Wakefield, RI 02879. Application by Leonard Cuoco, Owner; Renewal. License No. 59526.
A. Lucas Murray, Director of Administrative Services gives a brief presentation on the non-union municipal personnel salary and benefits. Mr. Murray notes that the Non-Union Position Allocation to Pay Schedule is reviewed annually, all revisions are administered in accordance with Section 13-31(b) of the Town Code of Ordinances, and all proposed changes to this schedule are included within the FY 2022-2023 Municipal Budget Program with the exception of the Town Assessor position reassignment.
The changes to the Position Allocations are as follows: addition of a Deputy Town Assessor at Grade 10 that replaces the Administrative Assistant Assessor; Town Assessor reassignment from Grade 13 to Grade 14 is not reflected in the FY 2022-2023 budget, but funds have been identified to cover the contingency; Director of Leisure Services is reassigned from Grade 16 to Grade 17; Finance Director is reassigned from Grade 19 to Grade 18 following the departure of the previous Finance Director; and the Director of Public Services is reassigned from Grade 19 to Grade 18 with the anticipated retirement of the existing Public Services Director in August 2022. Changes to compensation include an increase of 2.5% as adopted in the FY 2022-2023 budget and is equivalent to all other union employee member increases, and the longevity rate is increased by $0.10 per week to $2.55 per week or $132.60 for each year of service.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
VOTED: to adopt the FY 2022-2023 Position Allocation to Pay Schedule, as shown as follows:
Councilwoman Bergner voted against
Non Union Employees Position Allocation to Pay Schedule FY 2022-20236
Grade 1 | Salary Range | Grade 12 | Salary Range | |||||
(no positions at this time) | $37,940 | - | $42,007 | Personnel Administrator | $71,147 | - | $78,912 | |
Procurement Administrator | ||||||||
Grade 2 | | Senior Services Director | ||||||
(no positions at this time) | $39,391 | - | $43,466 | Water Superintendent | ||||
| ||||||||
Grade 3 | | Grade 13 | | |||||
(no positions at this time) | $40,750 | - | $44,825 | Facilities Superintendent | $81,354 | - | $89,749 | |
Highway Superintendent | ||||||||
Grade 4 | | Library Director | ||||||
(no positions at this time) | $43,467 | - | $47,541 | Parks Superintendent | ||||
Recreation Superintendent | ||||||||
Grade 5 | | Natural Resource Officer & Harbormaster | ||||||
Community Elder Information Specialist | $44,825 | - | $48,900 | |||||
Senior Center Program Coordinator | Grade 14 | | | | ||||
Building Official | $88,403 | - | $95,379 | |||||
Grade 6 | | Communications Superintendent | ||||||
Digital Services Librarian | $47,541 | - | $51,615 | Town Clerk | ||||
Library Circulation Supervisor | Wastewater Superintendent | |||||||
Town Assessor2 | ||||||||
Grade 7 | | |||||||
Librarian I | $50,257 | - | $54,330 | Grade 15 | | | | |
Finance Manager | $95,272 | - | $106,692 | |||||
Grade 8 | | Information Systems Manager | ||||||
(no positions at this time) | $52,973 | - | $57,048 | Town Engineer | ||||
| EMS Director | |||||||
Grade 9 | | |||||||
Librarian II | $55,628 | - | $59,764 | Grade 16 | | | | |
Deputy Finance Director | $106,181 | - | $118,723 | |||||
Grade 10 | | Director of Administrative Services | ||||||
Assistant Facilities Superintendent | $60,733 | - | $68,623 | Director of Planning | ||||
Assistant Highway Superintendent | Information Technology Director | |||||||
Assistant Parks Superintendent | ||||||||
Deputy Town Clerk | Grade 17 | | | | ||||
Deputy Town Assessor1 | Police Chief | $117,922 | - | $130,464 | ||||
Librarian III | Director of Leisure Services3 | |||||||
Grade 11 | | | | Grade 18 | | | | |
Executive Assistant | $67,269 | - | $72,442 | Finance Director5 | $129,370 | - | $141,366 | |
Recreation Center Manager | Director of Public Services4 | |||||||
Tax Collector | ||||||||
| Grade 19 | | | | ||||
(no positions at this time) | $139,778 | - | $151,525 | |||||
NOTES: 2. The Town Assessor position has been reassigned from a grade 13 to a grade 14. This assignment was made in June 2022 and was therefore not reflected in the FY 2022-2023 budget. However, funds have been identified in the approved budget from the general fund contingency to cover the proposed increase in salary. 3. The Director of Leisure Services position was reassigned from a grade 16 to a grade 17 in FY 2022 at the approval of the Town Council. This adjustment is included in the approved FY 2022-2023 budget. 4. The Finance Director Position was reassigned from a grade 19 to a grade 18 following the departure of the previous finance director in March 2022. This change was reflected in the FY 2022-2023 budget document. 5. The Public Services Director position has been reassigned from a grade 19 to a grade 18 with the anticipated retirement of the existing director in August 2022. The decision to reassign this position occurred after the adoption of the FY 2022-2023 budget and was therefore not reflected in the Non-Union Employee Position Allocation to Pay Schedule within the approved budget document. 6. The FY 2022-2023 budget includes funding for all positions outlined herein. |
13D. New Business Item 13D is brought forward, and it is
VOTED: to adopt the employee benefits provided to non-union personnel, as presented in the Town Council’s FY 2022-2023 Budget adopted April 25, 2022, or as amended herein, including the Position Allocation to Pay Schedule, the Grade & Step Schedule, Longevity, and Healthcare Benefits effective July 1, 2022, and additional employee benefits provided to non-union personnel as presented in the Non-Union Employee Benefits Summary - July 1, 2022; and as further described in a memorandum from the Director of Administrative Services to the Town Manager dated June 2, 2022 and entitled “Non-Organized Municipal Personnel FY 2022-2023 Salary & Benefits.”
Councilwoman Bergner voted against.
A. Murray Gates, Historic District Commission Member is in attendance and presents the Historic Preservation Awards to James and LaRea McKelvey for residential restoration of the Benjamin Franklin Carpenter House, Gilbert and Elizabeth Indeglia for residential reconstruction of the Hagadorn House Fence, Christina Procaccianti at Green Line Apothecary (previously Scenic Overlook of Riverside Cemetery) for viewshed enhancement, Jeffrey Greene at Peter Pots Pottery for legacy business, Ryan Schoen at Shepherd’s Run for adaptive reuse, and to Jim Walsh for commercial rehabilitation of Stedman’s Bicycle Shop.
UNANIMOUSLY VOTED: that a memorandum dated April 14, 2022 from Brian Wagner, Senior Planner submitting a request from the Historic District Commission to acknowledge the South Kingstown Preservation Award winners for 2022 selected by the HDC, continued from the May 23, 2022 Council meeting is received and placed on file.
B. UNANIMOUSLY VOTED: that emails dated May 11, 2022 from Councilwoman Deborah D. Bergner requesting recognition of South Kingstown Planning Board Chairwoman Maria Mack for her achievement in receiving the APA-RI President’s Award, and South Kingstown School Committee Vice Chairwoman Michelle Brousseau for her achievement in receiving the RIASC Howard Kay Award are received, placed on file, and the Town Council directs that letters of congratulations be sent.
H. UNANIMOUSLY VOTED: that an email dated May 25, 2022 from Kateri Collins tendering her resignation from the Bicycle – Pedestrian Advisory Committee, effective immediately is accepted, and the Town Council directs that a letter of thanks be sent.
J. UNANIMOUSLY VOTED: that an email dated May 31, 2022 from Roxanne Beinart in opposition to the proximity of gun stores to South Kingstown Schools is received and placed on file.
N. Discussion ensues relative to comments on the potential reuse of Wakefield Elementary School made by Representative Carol Hagan McEntee during the General Assembly discussion of House Bill 7943. The Town Manager notes that he spoke with Representative McEntee and she indicated that the comments had been misconstrued. Rep. McEntee’s written response is read into the record. It is clarified that there are no actions being taken on Wakefield Elementary School.
Bethany Sorrentino is present and comments in opposition to using this land for any non-public use, thanks the Council for the clarification, reviews Rep. McEntee’s comments, and asks the Town Council to share their position on the subject.
Discussion ensues relative to the extensive consideration that would need be given to any discussion if Wakefield Elementary were to be sold for private use, the importance of how words can be perceived, and the value of the property. It is noted that any proposed changes would be discussed publicly, and that it’s premature to make an assessment on any Town properties.
Jacy Northup is present and comments on Rep. McEntee’s testimony, and expresses concerns that a potential buyer is interested in purchasing the Wakefield Elementary School property.
UNANIMOUSLY VOTED: that emails dated June 1 and June 8, 2022 from Bethany Sorrentino, Joseph Sorrentino III, and Jacy Northup concerning Representative Carol McEntee’s comments in regard to potential reuse of Wakefield Elementary School during the General Assembly’s discussion of House Bill 7943 An Act Relating to Towns and Cities -- Low and Moderate Income Housing are received and placed on file.
O. Councilwoman Rose recuses herself. Stephanie Maass is present and submits a listing of cottages at Roy Carpenters Beach, and 2 letters in response to informal hearings that were held. Ms. Maass comments on her experience with the informal hearing process, the revaluation changes at the cottages, and concerns with transparency.
The Town Manager notes that there is no evidence of retaliation against residents for appealing their property revaluation. The Assistant Town Solicitor reviews the informal hearing process, appealing to the Tax Assessor, appealing to the Assessment Board of Review, and finally appealing to the Superior Court if the resident is still aggrieved.
VOTED: that an email dated June 8, 2022 from Stephanie Maass concerning property revaluations at Roy Carpenter’s Beach is received and placed on file.
Councilwoman Rose recused.
Council President McEntee invites residents to come forward with comments.
Joe Tiger Patrick, Commander of Veteran of Foreign Wars Post 916 is present and notes that Tricia Boucher will take his place due to his promotion to State Commander of Veteran of Foreign Wars. Mr. Patrick acknowledges the passing of William “Billy” Forbes, an Air Force veteran and life-long Town resident and member of the VFW. Mr. Forbes’ widow will be presented with his outstanding citizen veteran award at the VFW’s upcoming 100 year celebration.
RJ Stamp is present and comments on the Roy Carpenters Beach Cottages valuation.
Dom Gugliotti is present and comments on the Roy Carpenters Beach Cottages valuation.
Viera Levitt is present and comments on Rep. McEntee’s comments on the potential reuse of Wakefield Elementary, and is in opposition to the closure of the School.
Bob Trager is present and comments on mass school shootings, and the psychological research on perpetrators conducting the killings.
Vanessa Armano is present and comments on the communications received relative to school budget cut issues and requests the Council’s position on the subject.
UNANIMOUSLY VOTED: to add school budget changes to the Agenda for discussion.
Discussion ensues relative to the music program budget cuts which were restored, issues concerning the budget cuts not being presented prior to the adoption of the budget appropriation, and concerns relative to staff reductions. Discussion continues that the Town Council and School Committee are peers, the importance of doing better to avoid mistakes going forward, and the decreasing enrollment rate.
Jim O’Neill is present and comments on state regulations over the Town’s local land use controls, and the requirement for cities and towns to reach a 10% benchmark of affordable housing.
The Town Manager reviews the Police Department’s budget of approximately $10,048,600, and the increase of police officer personnel. From July 1, 2021 to May 31, 2022 there have been 41,000 police contacts which includes all calls, inquiries, accidents, arrests, summons, etc. South Kingstown was rated the safest town in Rhode Island in 2020, and is now currently rated number two. The Town Manager reviews the EMS Department budget of approximately $2,179,000, EMS personnel, and notes there are two EMS stations with the need of a third. From July 1, 2021 to May 31, 2022 EMS responded to 42,000 calls. The Town Manager notes that Union Fire District has a budget of approximately $3,680,000, reviews their personnel, and states their training site is state of the art. Kingston Fire District has a budget of approximately $778,000, 25 volunteers, responded to 580 calls, and services URI. The Town Manager’s Interim Reports dated May 26 and June 2, 2022, and the Miscellaneous Report dated June 9, 2022 are accepted, approved and placed on file.
A. The Assistant Town Solicitor gives a presentation on the proposed Town Flag Policy and the recent US Supreme Court decision involving a challenge to the City of Boston for their lack of a flag policy. The Court held that the City of Boston had turned its flagpole into a public forum for private entities to raise flags resulting in the City being unable to exclude a flag from the pole. The proposed Town Flag Policy would ensure that the flagpole does not become a public forum.
Discussion ensues relative to adding June 19th to the list of holidays on the proposed Town Flag Policy, and adding the ability to fly a flag by Council resolution or proclamation.
UNANIMOUSLY VOTED: to adopt the Town Flag Policy, as amended, to include the Juneteenth holiday under Item 7 and add language to indicate that proclamations outside of listed items within the Policy would be brought before the Town Council for approval, as shown as follows:
TOWN OF SOUTH KINGSTOWN, RHODE ISLAND
FLAG POLICY
PURPOSE
To establish guidelines for: (1) the exhibition of the flag of the United States of America, the Rhode Island State flag, and the South Kingstown Town flag from Town buildings and Town Hall, and (2) the display of street flags for parades and holidays, and (3) the display of ceremonial flags.
POLICY
It is the policy of the Town of South Kingstown that flags should be displayed in conformance with Federal and State policies, as stated in the Federal “Our Flag” publication of the Congress, House Document No. 96-144; and the State of Rhode Island General Laws § 11-15.
In order to establish a policy with respect to the locations and days when the United States of America, State of Rhode Island, and South Kingstown Town flags should be displayed, the following standards should be followed.
The Town Manager is responsible for ensuring the proper execution of this policy at all Town facilities.
STANDARDS
a) January 1, New Year’s Day
b) January 20, (every fourth year) on the day the President of the United States is inaugurated
c) Third Monday in January, Martin Luther King’s birthday
d) Third Monday in February, Presidents’ Day
e) Second Sunday in May, Mother’s Day
f) Third Saturday in May, Armed Services Day
g) Last Monday in May, Memorial Day. The flags to be flown at half-staff (first raise to top, then slowly lower to half-staff) until noon and at full staff from noon until sunset. NOTE: The United States flag must always be flown by itself when displayed at half-staff.
h) Third Sunday in June, Father’s Day
i) June 14, Flag Day
j) June 19, Juneteenth
k) July 4, Independence Day
l) First Monday in September, Labor Day
m) September 17, Constitution Day
n) Second Monday in October, Columbus Day
o) The first Tuesday after the first Monday in November of a presidential election year and gubernatorial election days
p) November 11, Veteran’s Day
q) Fourth Thursday in November, Thanksgiving Day
r) December 25, Christmas Day
s) State holidays
t) Special occasions of Federal, State, and local proclamation as may be approved by the town council
Street flags are defined as flags flown on a guy wire over a town street. The guy wire is generally attached to town streetlights and is oriented perpendicular to the flow of traffic. Street flags may be flown in the downtown area on Veteran’s Day and Memorial Day, if requested by a group sponsoring an event on that day and approved by the Town Council.
The Town’s flagpoles are not intended to serve as a forum for free expression by the public. The following flags may be displayed by the Town as an expression of the Town’s official sentiments:
1. Flags of Governments Recognized by the United States. Flags of the governments recognized by the United States may be displayed upon the request of a member of the Town Council or the Town Manager.
2. Flags of Sister Municipalities: The flags of official Sister Municipalities of South Kingstown may be displayed in conjunction with an event involving the Sister Municipality.
3. Flags Displayed in Conjunction with Official Ceremonial Items: Other flags may be displayed in conjunction with official actions, ceremonial items, or proclamations of the Town Council.
4. Flags Promoting Social Movements: The Pride flag shall be flown for a day(s) in June from a flagpole as directed by the Town Manager, in recognition of Pride month.
UNANIMOUSLY VOTED: to reappoint Samuel Grimley to the Waterfront Advisory Commission for a term to expire in June 2025.
UNANIMOUSLY VOTED: to appoint Hilding Munson to the 300th Anniversary Steering Committee.
Discussion ensues relative to postponing an appointment to the Planning Board in order to allow more time for additional applicants to apply for the vacancy.
A. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $10,219.26, as shown on Tax Abatement Request No. 602.
B. UNANIMOUSLY VOTED: to authorize an award of bid to StarNet Solutions Incorporated, 90 Main Street, Farmingdale, NJ 07727 for Server Infrastructure Hardware in an amount not to exceed $49,543, including a $2,000 contingency; as further described in a memorandum from the Information Technology Director to the Town Manager dated May 27, 2022 and entitled “Police Server Infrastructure Hardware.”
C. UNANIMOUSLY VOTED: to authorize an award of bid to East Winds Dry Cleaners, Inc., 4619 Post Road, East Greenwich, RI 02818 for dry cleaning and laundry services at the unit prices bid, and as further negotiated, for the period July 1, 2022 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 Interim Police Chief to the Town Manager dated June 2, 2022 and entitled: "Bid Recommendation – Dry Cleaning & Laundry Services – FY 2022-2023 – SK0057PD."
E. The Town Manager reviews Attorney Vincent Ragosta’s experience in complex and involved labor cases in areas of public safety collective bargaining agreements. The Town Solicitor is in support of hiring special legal counsel for this purpose, and there is an $8,000 budget allocation for outside counsel. It is noted that the hiring of Attorney Ragosta is non-adversarial and is only for specialized complex labor cases in public safety.
UNANIMOUSLY VOTED: to authorize the Town Manager to execute an engagement letter with Vincent F. Ragosta, Jr., Esquire, 50 Park Row West,Suite 101, Providence, RI 02903 as special legal counsel to represent the Town with regard to public safety labor issues, as determined by the Town Manager and upon the terms set forth in the engagement letter.
G. 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 shown as follows:
Councilwomen Bergner and Rose voted against.
Town of South Kingstown
Renewed Declaration of Emergency
On March 15, 2020, pursuant to Sec. 3214 of the South Kingstown Home Rule Charter, the Town Council declared the existence of an emergency. The basis for the Council’s emergency declaration was the danger to health and life posed by the novel coronavirus known as COVID-19, as set forth in Governor Gina Raimondo’s Executive Order 20-02 dated March 9, 2020 declaring a state of emergency, and Executive Order 20-03 dated March 13, 2020 containing a supplemental emergency declaration. Governor Raimondo extended the state of emergency as set forth in Executive Order 20-23 on April 10, 2020, and it was further extended on May 7, June 4, July 3, July 31, September 2, October 2, November 2, December 2, December 22, 2020, January 19, and February 16, 2021. Governor Daniel McKee further extended the state of emergency on March 16, April 21, May 20, and June 10, July 9, August 6, and September 30, 2021. The Town Council voted to extend the date of the local emergency declaration on April 13, 2020, and it was further extended on May 11, June 8, July 13, August 11, September 14, October 13, November 9, December 14, 2020, January 11, January 25, February 22, March 22, April 26, and May 24, June 28, July 26, August 10, September 13, 2021, October 25, 2021 (retroactive to October 12, 2021), November 8, 2021, December 13, 2021, January 10, 2022, February 14, 2022 and March 14, 2022 , April 11, 2022, and May 9, 2022.
Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 242 further supplemental emergency declarations (as of June 7, 2022) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On June 7, 2022, Governor McKee issued Executive Order 22-27 further extending the state of emergency to July 7, 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 June 13, 2022 to July 11, 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 Town Manager to take any and all actions deemed necessary to address the ongoing emergency. The 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 July 11, 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 July 7, 2022, this Ordinance shall expire on that date.
H. UNANIMOUSLY VOTED: to authorize an award of bid to Narragansett Improvement Company, 223 Allens Avenue, Providence, RI 02903 for sidewalk improvements at the Senior Center including labor, supplies and all appurtenances in an amount not to exceed $39,545, including a contingency; and as further detailed in a memorandum from the Facilities Superintendent to the Town Manager dated June 3, 2022 and entitled “Bid Recommendation – Sidewalk Improvements – Senior Center.”
I. UNANIMOUSLY VOTED: to authorize an award of contract to Ochs, Inc. (Securian Financial/ Minnesota Life), 400 Robert Street North, Suite 1880, St. Paul, MN 55101 for a three-year Term Life and Accidental Death and Dismemberment contract for the period July 1, 2022 through June 30, 2025 in accordance with the rates as follows, and as further described in a memorandum from the Director of Administrative Services to the Town Manager dated June 8, 2022 entitled “Term Life Insurance & Accidental Death and Dismemberment (AD & D) Insurance Bid Recommendation – BID #SK0032FD.”
Coverage | Rate per $1000/ Mo. |
Basic Active Life (Class 1 through 4) | $0.15 |
Basic Retiree Life ($10K-$50K) | $1.75 |
Basic Active and Retiree AD&D | $0.02 |
Employee & Spouse Supplemental Life Under 25 to 75+2 | $0.05 -$2.28 |
Employee and Spouse Supplemental AD&D | $0.02 |
Child Life | $0.13 |
Councilwoman Rose congratulates this year’s South Kingstown High School graduates.
UNANIMOUSLY VOTED: to adjourn at 10:00 PM.
Susan M. Flynn, CMC
Town Clerk