AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

TOWN COUNCIL

 

MONDAY, MAY 9, 2022

 

WORK SESSION

7:00 PM

REGULAR SESSION

7:30 PM

 

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

 

 

Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station. Standard COVID-19 protocols in town buildings apply to all meeting attendees. Masks are optional, but attendees are asked to maintain social distancing.

 

NOTE:  Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.

 

DATE POSTED: 5/5/2022

 

1.         A.        INTERVIEWS – 7:00 PM

See Attachment A for Boards and Commissions Appointments Report.

 

B.        WORK SESSION – immediately following

All items listed on Town Council agenda are subject to discussion.

 

C.        REGULAR SESSION – 7:30 PM

Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.

 

2.         A.        PLEDGE OF ALLEGIANCE TO THE FLAG

 

            B.        LAND ACKNOWLEDGEMENT STATEMENT

 

3.         ROLL CALL

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

            A.        Work Session – April 25, 2022

             

B.        Regular Sessions – April 18 and April 25, 2022

 

C.        Closed Executive Session – April 25, 2022

 

5.         CONSENT AGENDA

 

*     *     *     *     *     *     *     *     *      *      *      *      *     *     *     *     *

I.              Rule 10A.  for the conduct of the meetings of the South Kingstown Town Council:  Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President.  The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information 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.

 

II.             Rule 11:  No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.

 

III.            Rule 13:  All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion.  There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

 

Pursuant to 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.           A resolution granting a Special Events License to conduct the Run4Kerri 4 mile Memorial Race on August 7, 2022 to The Kerri Lynn Bessette Female Athletic Scholarship Fund, Inc., 78 Bedford Drive, Wakefield, RI 02879 subject to the execution of a hold harmless agreement indemnifying the Town, and issuance of a Certificate of Insurance in the amounts specified by the Finance Director.  Application by Kathy Bessette, Director; Renewal.  License No. 74868.

 

            B.        A resolution granting a Victualling License to Town Made LLC d/b/a Town Made, 203 Main Street, Wakefield, RI 02879 subject to issuance of a Certificate of Occupancy. Application by Ken Procaccianti, Principal; New. License No. 75003.

 

            C.        A resolution granting Victualling and Holiday Sales Licenses to Yankee Foods II LLC d/b/a Go Pasta, 32 Old Tower Hill Road, Wakefield, RI 02879 subject to all departmental approvals, RI Department of Health approval, and submission of a Retail Sales Permit.  Application by Jeff Cammans, Member; New. License No. 75348.

 

(CA)    D.        A resolution granting Victualling and Holiday Sales Licenses to the following; Renewals:

 

Creighton Company d/b/a Sweet Cakes Bakery, 1227 Kingstown Road, Wakefield, RI 02879.  Application by James Creighton, President; License No. 74240.

 

Elite Huevos, Inc. d/b/a Bluebird Café, 554 Kingstown Road, Wakefield, RI  02879.  Application by Howard M. Raitano, Jr., President; License No. 60900.

 

7.         COMMUNICATIONS

 

            A.        A resolution adopted April 25, 2022 by the Tiverton Town Council requesting the RI General Assembly to create coastal buffer zones to allow for aquaculture operations and minimize conflicting uses of Narragansett Bay coastal waters is received, placed on file, and the Town Council further directs ___________.

 

(CA)    B.        A letter dated April 25, 2022 from the Human Rights Campaign Foundation advising that South Kingstown will be included in the eleventh edition of the Human Rights Campaign Municipal Equality Index is received and placed on file.

 

            C.        An email dated April 27, 2022 from Karen DaSilva tendering her resignation from the Historic District Commission is received, placed on file, and the Town Council further directs                     ___________.

 

(CA)    D.        An email dated April 30, 2022 from Christina Rose extending an invitation to the National Day of Prayer observance on May 5^th is received and placed on file.

 

            E.         An email dated May 1, 2022 from Lou Chrostowski requesting a proclamation in recognition of June as LGBTQ Pride month is received, placed on file, and the Town Council further directs             ___________.

 

(CA)    F.         A letter dated May 2, 2022 from Joanne Esposito, Chair thanking the Town Council for the opportunity to present an overview of the 300^th Anniversary Steering Committee’s projects, programs and events for the upcoming 2023 Tri-centennial is received and placed on file.

 

(CA)    G.        A resolution adopted on May 2, 2022 by the Hopkinton Town Council in support of House Bill 2022 – H8055 An Act Relating to Waters and Navigation – Coastal Resources Management Council that provides a definition of the Recognizable High Tide Line for the Public's Rights and Privileges of the Shore is received and placed on filed.

 

            H.        An email dated May 4, 2022 from Stephanie Maass concerning property revaluations at Roy Carpenter’s Beach is received, placed on file, and the Town Council further directs                                               .

 

            I.          An email dated May 4, 2022 from Brian Quenstedt concerning the regulation of solar panels on residential homes is received, placed on file, and the Town Council further directs __________________________.

 

(CA)    J.         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.”

 

8.         COMMENTS FROM INTERESTED CITIZENS

 

9.         TOWN MANAGER’S REPORT

See Attachment B for Town Manager’s Reports

 

10.       APPOINTMENTS

 

A.           A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)

 

 

11.       NEW BUSINESS

 

(CA)    A.        A resolution that a claim for compensation filed by Meredith L. Thommen, Esquire on behalf of her client, Doris Price as parent of a minor child, relative to an incident that occurred on or about March 8, 2022 be referred to the Town Solicitor, the Town’s insurance carrier and the School Superintendent.

 

            B.        A resolution accepting Oyster Drive into the Town’s system of roads; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated May 3, 2022 and entitled “Oyster Drive Road Acceptance.”

 

            C.        A resolution amending the Solid Waste User Fee for residential refuse tags from $2.10 to $2.25 effective July 1, 2022, and amending the Town’s Schedule of Fees; as further described in a memorandum from the Public Services Director to the Town Manager dated May 3, 2022 and entitled “Rose Hill Regional Transfer Station Refuse Tag Fee Adjustment.”

 

            D.        A resolution establishing the Water User Fee rate schedule as shown on Exhibit 1 attached hereto, effective July 1, 2022, and amending the Town’s Schedule of Fees; as further described in a memorandum from the Public Services Director to the Town Manager dated May 3, 2022, and entitled “FY 2022-23 Water User Fee Adjustment”.

 

            E.         A resolution establishing Wastewater User Fee rates, effective July 1, 2022 as follows, and amending the Town’s Schedule of Fees; as further described in a memorandum from the Public Services Director to the Town Manager dated May 3, 2022 and entitled “Wastewater User Fee Adjustment.”

 

Minimum in Advance                          $350.00 per 10,000 cu. ft. per year, per unit

Excess charge over 10,000 cu. ft.     $4.40/ 100 cu. ft.

 

            F.         A resolution authorizing a septage discharge rate of $90.00 per 1,000 gallons effective July 1, 2022, and amending the Town’s Schedule of Fees; as further described in a memorandum from the Public Services Director to the Town Manager dated May 3, 2022 and entitled “Septage Tip Fee Rate Increase.”

 

            G.        A resolution authorizing an award of purchase to LA Management, Inc. d/b/a Marine Boatbuilders Co., PO Box 7826, Warwick, RI 02887 for an Edson Platinum Peristaltic Pump and related equipment as specified in an amount not to exceed $18,784; as further described in a memorandum from the Harbormaster / Natural Resource Officer to the Town Manager dated May 4, 2022 and entitled “Award of Purchase – Marine Pump-out Replacement at Marina Park – Clean Vessel Act Grant.”

 

            H.        A resolution extending the Town’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020 and subsequently renewed on a monthly basis, as shown on Exhibit 2 attached hereto.

 

(CA)    I.          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.”

 

 

 

Exhibit 1

 

 

Proposed Water User Fee Rate Schedule

 

 

 

 

 

 

Exhibit 2

 

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,  March 14, 2022 and April 11, 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 May 5, 2022) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide.  On April 12, 2022, Governor McKee issued Executive Order 22-24 further extending the state of emergency to May 11, 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 May 9, 2022 to June 13, 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 June 13, 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 May 11, 2022, this Ordinance shall expire on that date.

 

 

Attachment A

 

Boards and Commissions Appointments Report

 

 

The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.

 

Affordable Housing Collaborative Committee (7 members; 3 year term)

Vacancy: term expires August 2022 (Kenneth Burke resigned)

 

Assessment Board of Review (3 members, 1 alternate; 3 year term)

Vacancy: Alternate member term expires January 2024 (Bradford Hevenor appointed to full member to fill the term of William Salerno)

 

Bicycle – Pedestrian Advisory Committee (minimum 5, maximum 9 members; 2 year term)

Vacancies: two terms expire July 2023 (William McCusker and Jenn Judge resigned)

Dorothy Hill (applied 4/13/2022; to be interviewed 5/9/2022)

 

Building Code Board of Appeals / Minimum Housing Code Board of Appeals (5 members; 5 year term)

Reappointment for a term to expire in June 2022: Edward A. Melchiori (to be interviewed 5/9/2022) wishes to be reappointed. It is reported that Mr. Melchiori has attended 8 of 9 meetings held during the current term.

 

Conservation Commission (7 members; 3 year term)

Vacancy: term expires September 2024 (Anne Heffron did not wish to be reappointed)

John J. McGinn (applied 2/20/2022; interviewed 3/14/2022)

 

Economic Development Committee (11 members, 3 year term)

Vacancies: 2 terms expire March 2023 and March 2025 (Marc Levitt resigned; Alex M. Petrucci did not wish to be reappointed)

 

Planning Board (7 members; 3 year term)

Vacancy: term expires May 2025 (Josh Daly resigned)

James M. Murdock (applied 05/25/2021; interviewed 6/14/2021)

 

Recreation Commission (5 members; 3 year term)

Reappointment for a term to expire in June 2022: David J. Palazzetti wishes to be reappointed (to be interviewed 5/9/2022) It is reported that Mr. Palazzetti has attended 34 of 36 meetings held during the current term

 

Route 1 Stewardship Plan Development Committee (7 members)

Vacancy: Route 1 business owner (Steve Wood resigned)

Thomas J. Daniels (applied 4/21/2021; interviewed 3/14/2022); John J. McGinn (applied 2/20/2022; interviewed 03/14/2022)

 

Route 138 Reconstruction Project Area Committee (11 members; 2 year term)

Vacancies: terms expire May 2023 (Peter Maynard did not wish to be reappointed; James Garfield, Ex-officio member of Historic District Commission resigned; and URI representative)

 

Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)

Vacancy: Vietnam Veteran term expires January 2025 (Mark Spangler deceased)

 

Statistical Modeling and Analytics Research Tools (SMART) Committee

Two vacancies: (Lauren Weinstock and Jonathan E. Daly-LaBelle resigned)

Applicant: Nathaniel H. Merrill (applied 8/11/2021)

 

Sustainability Committee (7 members)

Two vacancies: (Hannah Morini and Angela Tuoni resigned)

Applicant: Pamela F. Lezaeta (applied 6/21/2021)

 

Trustees of the South Kingstown School Funds (5 members; 5 year term)

Vacancy: term expires June 2022 (Carol Vetter resigned due to appointment to the School Committee)

 

Waterfront Advisory Commission (7 members; 3 year term)

Reappointments for terms to expire in June 2022: Barry Ennis does not wish to be reappointed. Samuel Grimley and Michael Sherry wish to be reappointed. It is reported that Mr. Grimley has attended 20 of 23, and Mr. Sherry has attended 27 of 27 meetings held since their respective appointments.

 

Zoning Board of Review (5 members, 2 alternates; 3 year term)

Vacancy: Alternate #2 for a term expiring March 2023 

John J. McGinn (applied 2/20/2022; interviewed 3/14/2022)

 

 

Attachment B

 

1.    Manager’s Report dated April 28, 2022

2.    Manager’s Report dated May 5, 2022