TOWN COUNCIL AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

TUESDAY, AUGUST 15, 2023

 

CLOSED EXECUTIVE SESSION – 6:00 PM

WORK SESSION – 7:00 PM

REGULAR SESSION – 7:30 PM

 

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

 

TOWN COUNCIL

Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

 

James M. Manni, Town Manager

Michael A. Ursillo, Esquire, Town Solicitor

Susan M. Flynn, CMC, Town Clerk

 

 

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.

 

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: 8/10/2023

 

1.         CLOSED EXECUTIVE SESSION – 6:00 PM

 

A.        A Closed Executive Session pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public; and pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel regarding the position of Municipal Court and Housing Court Judge.

 

2.         A.        INTERVIEWS – 7:00 PM 

1.    Elaine Gillim for appointment to the Trustees of the South Kingstown School Funds.

2.    Michael Henry for reappointment to the Library Board of Trustees.

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.

 

3.         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.

 

            A.        PLEDGE OF ALLEGIANCE TO THE FLAG

            B.        LAND ACKNOWLEDGEMENT STATEMENT

 

4.         ROLL CALL

 

5.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

            A.        Work Session – July 24, 2023

             

B.        Regular Session – July 24, 2023

 

6.         CONSENT AGENDA

 

(CA)    A.        A resolution authorizing an award of contract to Bartending by Dennis Inc., 3 Johnson Avenue, Narragansett, RI 02882 for provision of licensed and certified alcohol service for the SK 300^th Trifecta Festival on September 9, 2023 from 12:00 PM to 10:30 PM at Saugatucket Park in an amount not to exceed $4,575; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated August 3, 2023 and entitled “Contract Recommendation - Alcohol Catering Service – SK 300^th TRIFECTA Festival.”

 

(CA)    B.        A resolution authorizing the Tax Assessor to abate taxes in the total amount of $82.88, as shown on Tax Abatement Request No. 625.

 

(CA)    C.        A resolution authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for 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 VICTUALLER LIQUOR LICENSE

 

Application for a Class B Victualler Liquor License by Matunuck Market, LLC, 151 Old Tower Hill Road, Wakefield, RI by Perry Raso, Managing Member for the bar, dining and waiting areas in the restaurant in accordance with a Special Use Permit granted by the Zoning Board of Review on May 31, 2023; and as further defined in a site plan on file in the Town Clerk’s office.

 

(CA)    D.        A resolution granting the Joint Petition #30785298 of Rhode Island Energy and Verizon New England to install Joint Pole 24-84 across the street from pole 24 on the west side of Glen Rock 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 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 Glen Rock Road 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 27, 2023 and entitled “Rhode Island Energy Pole Setting Request – Pole 24-84 Glen Rock Road.”

 

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.

 

7.         LICENSES

 

            A.        A resolution granting a Class F 19-Hour Beverage License to the SK 300^th Anniversary Steering Committee for the Trifecta Festival at Saugatucket Park on Saturday, September 9, 2023 from 12:00 PM to 10:30 PM. Application by Theresa Murphy; New. License No. 80778.

 

            B.        A resolution granting a Special Events Permit to the SK 300^th Anniversary Steering Committee to conduct the 300^th Anniversary Arts and Culture/Trifecta at Saugatucket Park on Saturday September 9, 2023 from 12:00 PM to 10:30 PM subject to administrative approvals. Application by Theresa Murphy; New. License No. 80777.

 

            C.        A resolution granting a Victualling License to A&S Investments LLC d/b/a Terminesi’s Earth & Ocean Peace Dale, 1283 Kingstown Road, Wakefield, RI 02879 subject to approval by the Communications Department and RI Department of Health.  Application by Albert F. Terminesi III, Partner; New. License No. 80735.

 

            D.        A resolution granting a Temporary Mass Gathering Permit to Contemporary Theater Company to hold the Wakefield Oktoberfest on Saturday, October 7, 2023 (rain date Saturday, October 14, 2023) from 12:00 PM to 11:00 PM on Main Street between Robinson Street and Kenyon Avenue, subject to RI Department of Transportation approval for the closure of Main Street and stipulations set by the Police Department and Building Official. Application by Christopher Simpson, President, 321 Main Street, Wakefield, RI 02879; Renewal. License TMG-23-2.

 

            E.         A resolution granting a Special Events Permit to Intention Peace to conduct the Intention Fest at Saugatucket Park on September 24, 2023 from 12:00 PM to 5:00 PM subject to the execution of a Hold Harmless agreement indemnifying the Town. Application by Autumn Francesca, PO Box 501, Wakefield, RI 02880; New. License No. 78976.

 

            F.         A resolution granting a Holiday Sales License to Eclectic Energy LLC d/b/a Eclectic Energy, 102 Main Street, Wakefield, RI 02879 subject to submittal of a Retail Sales Tax Permit. Application by Pamela Davis; New. License No. 80156.

 

8.         PUBLIC COMMENTS (continued)

 

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.

 

 

9.         NEW BUSINESS

 

A.           A resolution rescinding an award of bid originally granted on October 24, 2022 to Santa Buckley, 154 Admiral Street, Bridgeport, CT 06605 for the purchase of gasoline and diesel through August 30, 2023; as further described in a memorandum from the Finance Director to the Town Manager dated July 6, 2023 and entitled “Gasoline & Diesel Fuel Recommendation.”

 

B.           A resolution authorizing the Tax Assessor to abate taxes in the total amount of $13,821.40, as shown on Tax Abatement Request No. 624.

 

C.           A resolution authorizing the Town Manager to execute an amendment to the Electricity Services Agreement with NextEra Energy Services Rhode Island, LLC signed on September 15, 2022 that would allow the Town the option to select 6-month or 12-month rates; as further described in a memorandum from Good Energy, Town Aggregation Consultant to the Town Council dated July 21, 2023 and entitled “Amendment to Electricity Services Agreement with NextEra Energy Services.” (Presentation)

 

D.           A resolution authorizing an award to Arden Engineering Construction, LLC, 505 Narragansett Park Drive, Pawtucket, RI 02861 for the purchase of one (1) BOSCH 4-Ton condensing Unit with four (4) evaporators and associated wiring and piping in accordance with RI Master Price Agreement (MPA) 136 in an amount not to exceed $39,875; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 21, 2023 and entitled “Award Recommendation – HVAC – Wastewater Operations Offices.”

 

E.            A resolution amending the Town’s wastewater rates and on-site wastewater fees as follows, effective immediately, and amending the Town’s Schedule of Fees; as further described in a memorandum from the Public Services Director to the Town Manager dated July 21, 2023 and entitled “Modification South Kingstown Schedule of Fees Wastewater Rates and On-site Wastewater Fees.”

 

Wastewater Rates

ADD:

Commercial/ Industrial User Surcharge as follows:

Biological Oxygen Demand (BOD) – above 250 mg/l           $0.56 per pound

Total Suspended Solids (TSS) – above 250 mg/l                  $0.48 per pound

 

On-Site Wastewater Fees

 

On-site Wastewater Treatment System (OWTS)

Release of Notice of Violation for Failure to Inspect                          $200.00

 

F.            A resolution authorizing an award of bid to Tri-County Contractors Supply, Inc., 154 Wayside Avenue, West Springfield, MA 01089 for a Salt Brine System with Storage Tank installed in an amount not to exceed $24,198; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 21, 2023 and entitled “Bid Recommendation – Salt Brine System with Storage Tank installed.”

 

G.           A resolution authorizing the Town Manager to enter into a three-year Memorandum of Understanding with the Town of Narragansett to establish annual fair share funding of the South Kingstown Senior Center for services provided to Narragansett senior residents, effective July 1, 2023, for fiscal years 2023-2024, 2024-2025 and 2025-2026; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated July 27, 2023 and entitled “Memorandum of Understanding re: Fair Share Funding for South Kingstown Senior Center.”

 

H.           A resolution authorizing an award of purchase to Liberty Chevrolet, 90 Bay State Road, Wakefield, MA. 01880 for the purchase of one 2023 Chevrolet Silverado 1500 Pickup Truck in accordance with all specifications in an amount not to exceed $45,999; and as further described in a memorandum from the Facilities Director to the Town Manager dated August 4, 2023 and entitled “Award Recommendation – 1/2 Ton Pickup Truck.”

 

I.              A resolution authorizing an award to Applied Concepts, Inc., 855 E. Collins Boulevard, Richardson, TX 75081 for the purchase of two (2) Stalker lidar radar units at a cost of $2,992 each, for a total amount not to exceed $5,984; and as further described in a memorandum from the Chief of Police to the Town Manager dated August 4, 2023 and entitled “Award Recommendation – Lidar Radar Units for Police Motorcycles.”

 

J.            A resolution authorizing an award to Island Tech Services, 980 S 2^nd Street, Ronkonkoma, NY 11779 for the purchase and installation of computer tablets, printers, and allied mounting hardware for two (2) police motorcycles at a cost of $7,465 per motorcycle, for a total amount not to exceed $14,930; and as further described in a memorandum from the Chief of Police to the Town Manager dated August 4, 2023 and entitled “Award Recommendation – Computer Tablets, Printers, and Mounting Hardware for Police Motorcycles.”

 

K.           A resolution to direct the Planning Board to review and recommend Zoning Ordinance and Map amendments to allow the permitting and development of Plat 80-1, Lot 18 on Ministerial Road for use by the Town as a site for a new Emergency Medical Services facility; as further described in a memorandum from the Planning Director to the Town Manager dated August 7, 2023 and entitled “EMS Ministerial Road site (Text and Map Amendments – Zoning Ordinance).”

 

L.            A resolution to direct the Planning Board to review and recommend Zoning Ordinance and Map Amendments to align the Town’s Medical Marijuana regulations with the Town’s Recreational Cannabis regulations; as further described in a memorandum from the Planning Director to the Town Manager dated August 7, 2023 and entitled “Proposed Zoning Text and Map Amendment: medical/adult sale, cultivation, and manufacturing of cannabis.”

 

M.           A resolution authorizing the Town Manager to sign an application to the National Park Service to complete the land conversion of a portion of Town Farm Park with Green Hill Park; as further described in a memorandum from the Planning Director to the Town Manager dated August 7, 2023 and entitled “Town Farm Park / Green Hill – National Park Service Conversion – Request to Sign Maps.”

 

N.           A resolution amending the membership of the Route 1 Stewardship Plan Development Committee to six, to include one Planning Board member representative, one Economic Development Committee member representative and four members at large; as further described in a memorandum from the Planning Director to the Town Manager dated August 7, 2023 and entitled “Route 1 Stewardship Development Plan Committee (RISPDC) Membership.”

 

10.       TOWN MANAGER’S REPORT

 

A.        Letter of appreciation from Charles Bivona re: Emergency Medical Services staff.

 

B.        Update on the Town’s application to the RI Municipal Education Compact for the Advancing Learning Beyond the 180-Day School Year “Learn 365” Grant program.

 

C.        Update on the School Building Committee and the School Bond Referendum.

 

11.       TOWN SOLICITOR’S REPORT

 

A.        Report on potential Town Charter amendment.

 

12.       COMMUNICATIONS

 

A.           A letter dated August 1, 2023 from David Flanders tendering his resignation from the Conservation Commission effective immediately is received, placed on file, and the Town Council further directs ________________________.

 

B.           An email dated August 6, 2023 from Casey Moran requesting the Town install secure bike racks for public use is received, placed on file and the Town Council further directs _____________________.

 

C.           A resolution adopted July 24, 2023 by the Charlestown Town Council in support of the Coastal Resources Management Council designating the “Sand Trail” as a State Right of Way to the shore is received, placed on file, and the Town Council further directs ___________________________.

 

D.           An email dated August 8, 2023 from Conrad Ferla proposing the Town undertake a public access improvement plan for the Charlestown Beach Road shoreline is received, placed on file, and the Town Council further directs _______________.

 

E.            An email dated August 9, 2023 from Susan Dey-Sigman requesting that persons be notified when their communications are to appear on an agenda is received, placed on file, and the Town Council further directs _______________.

Rule 18:  Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested.  Correspondence relating to personnel issues or personal matters shall not be placed on the agenda.  The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear.  Correspondence not placed on the agenda may be available for public review pursuant to the Access to Public Records Act.

 

13.       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)

 

B.           A resolution appointing ______________________________________ as the Municipal Court and Housing Court Judge for the Town of South Kingstown; and appointing ___________________________________ as the Alternate/Associate Judge.

 

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.

 

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.”

 

 

 

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 2025 (Christian Blaney resigned)

 

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

Reappointments for terms expired July 2023: Kenneth Burke, Dorothy Hill, Christopher Ryan Moore, and Thomas Hogan wish to be reappointed. David Hamel does not wish to be reappointed. Awaiting responses from Lisa-Beth Sanford and James Vogel.

Vacancies: 2 terms expired July 2023

 

Conservation Commission (7 members; 3 year term)

Reappointments for terms to expire September 2023: Lorraine Joubert and Mary Talbot-Rabuano wish to be reappointed. It is reported that Ms. Joubert has attended 23 and Ms. Talbot-Rabuano has attended 27 of 28 meetings held during the current term.

Applicants: Kevin C. Pelissier (applied 4/26/2023; interviewed 6/26/2023 and appointed to ZBR); Margaret Clune (applied 5/15/2023)

 

Economic Development Committee (11 members, 3 year term)

Applicant: Kevin C. Pelissier (applied 4/26/2023; interviewed 6/26/2023 and appointed to ZBR)

 

Historic District Commission (7 members; 3 year term)

Vacancies: terms expire December 2023 and December 2025 (Andrew Martinez resigned; Shantia Anderheggen did not wish to be reappointed)

 

Trustees of the South Kingstown Library (7 members; 3 year term)

Reappointments for terms to expire July 2023: Michael Henry (to be interviewed 8/15/2023) and Elizabeth Kroll (to be interviewed 9/11/2023) wish to be reappointed. Donna Gilton does not wish to be reappointed. It is reported that Mr. Henry has attended 23 of 31 meetings held since his appointment, and Ms. Kroll has attended 31 of 34 meetings held during the current term.

 

Planning Board (7 members; 3 year term)

Applicant: Kevin C. Pelissier (applied 4/26/2023; interviewed 6/26/2023 and appointed to ZBR)

 

Recreation Commission (5 members; 3 year term)

Vacancy: term expires June 2026 (John Biafore did not wish to be reappointed)

Applicant: John Hanson (applied 7/31/2023)

 

Route 1 Stewardship Plan Development Committee (7 public members)

Vacancies: Route 1 business owner (Steve Wood resigned); Bicycle – Pedestrian Advisory Committee Ex-Officio Member (Jenn Judge resigned); Conservation Commission Ex-Officio Member (J. Vernon Wyman does not wish to continue serving); Economic Development Committee Ex-Officio Member (Larry Fish does not wish to continue serving).

 

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

Reappointments for terms to expire in May 2025: Susan Spranger Axelrod, Dorald Beasley, Gail Faris, Thomas Marcello and William Rosen wish to be reappointed. Awaiting a response from Diane Johnson.

Vacancies: terms expire in May 2025 (Peter Maynard did not wish to be reappointed; James Garfield, Ex-Officio member of Historic District Commission resigned; and URI representative)

Applicant: Joseph Nuzzolillo (applied 9/28/2022; interviewed 10/24/2022 and appointed to WAC)

 

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 (9 members)

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

 

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

Vacancies: one term expires June 2027 (Carol Vetter resigned due to appointment to the School Committee); one term expires June 2025 (James Lathrop resigned)

Applicant: Elaine Gillim (applied 7/19/2023; to be interviewed 8/15/2023)

 

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

Vacancies: one full member term expires March 2026 (Susan Walsh resigned); Alternate #3 for a term to expire March 2024.

Applicants: Geoff Elia (applied 11/4/2022; to be interviewed at a future meeting); Joshua W. Gilman (applied 2/2/2023; interviewed 2/13/2023 and appointed to EDC).