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WORK SESSION
MAY 9, 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 9th day of May 2022 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. A. INTERVIEWS 
The Town Council interviews Dorothy Hill concerning her interest in being appointed to the Bicycle – Pedestrian Advisory Committee.
The Town Council interviews David Palazzetti concerning his interest in being reappointed to the Recreation Commission.
The Town Council interviews Edward Melchiori concerning his interest in being reappointed to the Building Code Board of Appeals and Minimum Housing Code Board of Appeals.
1. B. WORK SESSION
James M. Manni, Town Manager reviews License, beginning with License Item 6A concerning an application by The Kerri Lynn Bessette Female Athletic Scholarship Fund, Inc. for the annual Run4Kerri fundraiser.
License Item 6B concerns an application for a new Victualling License by Town Made, LLC.
License Item 6C concerns an application for new Victualling and Holiday Sales Licenses by Yankee Foods II LLC d/b/a Go Pasta.
The Town Manager reviews the Communications on this evening’s Agenda beginning with Item 7A, a resolution 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.
Communication Item 7C concerns an email from Karen DaSilva tendering her resignation from the Historic District Commission.
Communication Item 7E concerns an email from Lou Chrostowski requesting a proclamation in recognition of June as LGBTQ Pride month. The Town Manager notes that this request has been upheld in the past.
Communication Item 7H concerns an email from Stephanie Maass relative to property valuations at Roy Carpenter’s Beach. The Town Manager notes that Roy Carpenters Beach has 374 units, 165 owners requested hearings due to their revaluation, and reports the results of the hearings. Mr. Manni clarifies that Vision Appraisal designated a special code for the Roy Carpenter’s units due to the properties uniqueness.
Communication Item 7I concerns an email from Brian Quenstedt relative to the regulation of solar panels on residential homes.
The Town Manager reviews the New Business on this evening’s Agenda beginning with Item 11B, relative to accepting Oyster Drive into the Town’s system of roads. The Town Manager notes that the parcels are owned by the Town and the travel way will need to be maintained. In order to do this, the Town must designate a name for the road.
New Business Item 11C concerns an amendment to the Solid Waste User Fee for residential refuse tags from $2.10 to $2.25 effective July 1, 2022.
New Business Item 11D concerns establishing the Water User Fee rate schedule, effective July 1, 2022.
New Business Item 11E concerns establishing Wastewater User Fee rates, effective July 1, 2022.
New Business Item 11F concerns authorizing a septage discharge rate of $90.00 per 1,000 gallons effective July 1, 2022.
New Business Item 11G concerns an award of purchase to LA Management, Inc. d/b/a Marine Boatbuilders Co. for an Edson Platinum Peristaltic Pump to be used at Town Hall property at Marina Park, in a total amount not to exceed $ 18,784. The Town Manager notes a grant was obtained which will offset the total cost of the pump.
New Business Item 11H would extend the Town’s Declaration of Emergency. The Town Manager reviews the most recent wave of COVID and the potential impact on costs it can have on municipalities. Mirroring the State with the Declaration of Emergency can help local governments recover additional funding from the State or federal government.
Discussion ensues relative to Communication Item 7I concerning solar panel limitations within Home Owners’ Associations (HOA). The Town Solicitor reviews a HOAs ability to enact stricter rules than a Town as long as it does not conflict with Town and State laws.
Discussion ensues relative to referring the Tiverton Town Council resolution concerning coastal buffer zones to the Waterfront Advisory Commission.
Discussion ensues relative to the requirement that the US flag flies alone on a flagpole, and the Town Solicitor recommends against granting requests to fly other flags at Town buildings.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
MAY 9, 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 9th day of May 2022 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
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 all members are present.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on April 25, 2022 are accepted, approved, and placed on file.
B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on April 18 and April 25, 2022 are accepted, approved, and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on April 25, 2022 are accepted.
5. CONSENT AGENDA
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:
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.
(CA) 7B. UNANIMOUSLY VOTED: that 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.
(CA) 7D. UNANIMOUSLY VOTED: that an email dated April 30, 2022 from Christina Rose extending an invitation to the National Day of Prayer observance on May 5th is received and placed on file.
(CA) 7F. UNANIMOUSLY VOTED: that a letter dated May 2, 2022 from Joanne Esposito, Chair thanking the Town Council for the opportunity to present an overview of the 300th Anniversary Steering Committee’s projects, programs and events for the upcoming 2023 Tri-centennial is received and placed on file.
(CA) 7G. UNANIMOUSLY VOTED: that 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 file.
(CA) 7J. 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) 11A. UNANIMOUSLY VOTED: 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.
(CA) 11I. 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. Kathy Bessette is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant 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. Ken Procaccianti is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant 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. George McAuliffe, Member is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant 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.
7. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that 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 referred to the Waterfront Advisory Commission.
C. UNANIMOUSLY VOTED: that an email dated April 27, 2022 from Karen DaSilva tendering her resignation from the Historic District Commission is accepted, and the Town Council directed that a letter of thanks be sent.
E. UNANIMOUSLY VOTED: that 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 directed staff to draft a proclamation for consideration at the next meeting designating June as Pride Month in South Kingstown.
H. Councilwoman Rose recuses herself. Stephanie Maass is present and dicusses the valuation of Roy Carpenters Beach cottages, the valuation of other comparable real estate, and accountability measures in place with Vision Appraisal and the Town Assessor’s office. David Dolce, Interim Town Assessor reviews the informal hearing process to correct inconsistencies, extension of hearing process deadline, and the timeline to review, make changes and send notices. Mr. Dolce notes any property with changes to their valuation or changes due to corrections will receive notification letters, explains the formal appeal process is based on market value and equity, and clarifies that the Vision Appraisal appeal process is an appeal on the assessment of a property.
The Town Solicitor explains that a property owner can submit any data they feel proves their case during the formal appeal process, and the timeline for submitting a formal appeal from receiving a tax bill. The order of operations on the formal appeal process starts with the Tax Assessor and then goes to the Town’s Assessment Board of Review. The case can ultimately go to the Superior Court if the owner chooses to further the appeal and taxpayers have a legal right to bypass the Assessment Board of Review and go straight to the Superior Court.
Discussion ensues relative to the Vision Appraisal appeal forms, important deadlines for the revaluation appeal process, and leased land neighborhoods in the Town.
VOTED: that an email dated May 4, 2022 from Stephanie Maass concerning property revaluations at Roy Carpenter’s Beach is received and placed on file.
Councilwoman Rose recused herself.
I. UNANIMOUSLY VOTED: that an email dated May 4, 2022 from Brian Quenstedt concerning the regulation of solar panels on residential homes is received, placed on file, and referred to the Town Solicitor.
8. COMMENTS FROM INTERESTED CITIZENS
Council President McEntee invites residents to come forward with comments.
Bob Trager is present and congratulates Jim Manni on his appointment as Town Manager, and comments on property assessments.
David Flanders, Chairman, Conservation Commission is present and comments on banning “nips” bottles, and requests an update on state legislation that would conflict with the ban. The Town Solicitor notes that a memorandum will be provided for the next Town Council meeting on May 23, 2022. Mr. Flanders reviews RI General Law 23-18-12.3 relating to beverage container and recycling requirements, and states it is not being enforced.
RJ Stamp, Roy Carpenters Beach is present and comments on Vision Appraisal’s property value assessment by sales comparison has caused property taxes to double, and the valuation of other comparable real estate.
Jim O’Neill is present and welcomes Jim Manni as the new Town Manager, and thanks Terry Murphy for her service as the Interim Town Manager. Mr. O’Neill comments in support of establishing a homestead exemption, and references a memorandum dated April 12, 2019 by Jean-Paul Bouchard explaining the unfavorable outcome of this type of exemption; requests that this be re-evaluated.
Dorald Beasley is present and comments on the increases in inflation, the population of the Town, the decrease in students, and in support of down zoning lots for smaller, more affordable housing.
Jim O’Neill comments on the lack of population gain, housing affordability, and Home Rule Charter rights.
The Town Solicitor reviews proposed legislation before the RI General Assembly relative to down zoning and restricting single-family residential zoning in Cities and Towns with a population greater than 20,000, and the opposition expressed towards that legislation.
Bob Trager comments on the issues of housing cost increases.
Dorald Beasley comments on the valuation of various types of properties and the methodology of the assessment. Mr. Beasley states that he will not file a budget referendum petition in deference to new Superintendent Prince and comments on the funding of the school budget.
Councilwoman Bergner comments relative to challenges in solving housing affordability within the Town.
Vice President Collins thanks the Union Fire District for their efficient response to a fire at the Pump House, comments on the steps taken to improve affordable housing and future steps the Council hopes to make, and municipal government’s inability to control housing.
President McEntee concurs that housing is an ongoing challenge, notes the importance of fostering an environment for change, and that a homestead exemption and its potential outcomes will be explored.
9. TOWN MANAGER’S REPORT
The Town Manager reviews the meetings held with Town staff, meeting with the new School Superintendent, and leadership positions that are open for recruitment or scheduled for interviews. The Town Manager’s Interim Report dated April 28, 2022, and the Miscellaneous Report dated May 5, 2022 are accepted, approved and placed on file.
10. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint David Palazzetti to the Recreation Commission for a term to expire in June 2025.
UNANIMOUSLY VOTED: to appoint Dorothy Hill to the Bicycle – Pedestrian Advisory Committee to fill a term to expire in July 2023.
UNANIMOUSLY VOTED: to reappoint Edward Melchiori to the Building Code Board of Appeals and Minimum Housing Code Board of Appeals for a term to expire June 2027.
11. NEW BUSINESS
B. UNANIMOUSLY VOTED: to accept 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. UNANIMOUSLY VOTED: to amend the Solid Waste User Fee
for residential refuse tags from $2.10 to $2.25 effective July 1, 2022, and amend 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. UNANIMOUSLY VOTED: to establish the Water User Fee rate schedule, effective July 1, 2022, as follows, and amend 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”:
Proposed Water User Fee Rate Schedule
E. UNANIMOUSLY VOTED: to establish Wastewater User Fee rates, effective July 1, 2022 as follows, and amend 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. UNANIMOUSLY VOTED: to authorize a septage discharge rate of $90.00 per 1,000 gallons effective July 1, 2022, and amend 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. Discussion ensues relative to a Clean Vessel Act grant awarded to the Town for a pump replacement, and it is
UNANIMOUSLY VOTED: to authorize 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. Discussion ensues, and it is
VOTED: to extend the Town’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020 and subsequently renewed on a monthly basis, as follows:
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, 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.
UNANIMOUSLY VOTED: to adjourn at 9:06 PM.
Susan M. Flynn, CMC
Town Clerk