REGULAR SESSION
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AUGUST 15, 2023
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 15th day of August 2023 at 6:00 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
1. CLOSED EXECUTIVE SESSION
UNANIMOUSLY VOTED: to recess to 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.
Regular Session is reconvened at 7:10 PM, and it is
It is noted that a motion was voted on in Closed Executive Session regarding 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.
Convened to Work Session at 7:15 PM.
Susan M. Flynn, CMC
Town Clerk
WORK SESSION
AUGUST 15, 2023
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 15th day of August 2023 at 7:15 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
2. A. INTERVIEWS 
The Town Council interviews Elaine Gillim relative to her interest in being appointed to the Trustees of the South Kingstown School Funds.
The Town Council Interviews Michael Henry relative to his interest in being reappointed to the Library Board of Trustees.
2. B. WORK SESSION
The Town Council takes a brief recess.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
AUGUST 15, 2023
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 15th day of August 2023 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
3. REGULAR SESSION
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.
4. ROLL CALL
Roll Call is taken and four members are present. Councilwoman Rose is absent.
5. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: VOTED: that the minutes of the Work Session held on July 24, 2023 are accepted, approved and placed on file.
Council President McEntee abstained due to his absence from that meeting.
B. Regular Session: VOTED: that the minutes of the Regular Session held on July 24, 2023 are accepted, approved and placed on file.
Council President McEntee abstained due to his absence from that meeting.
6. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) A. UNANIMOUSLY VOTED: to authorize 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 300th 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 300th TRIFECTA Festival.”
(CA) B. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $82.88, as shown on Tax Abatement Request No. 625.
(CA) C. UNANIMOUSLY VOTED: to authorize 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. UNANIMOUSLY VOTED: to grant 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.” Book 6, page 21.
Town Manager’s Report Item 10A is brought forward.
James M. Manni, Town Manager reviews a letter of appreciation from Charles Bivona expressing his gratitude to the members of the South Kingstown Emergency Medical Services (EMS) for their life-saving efforts.
Craig Stanley, Chief of EMS is present and speaks on behalf of the EMS team. Mr. Stanley recognizes the two EMT’s who responded and saved Mr. Bivona’s life, Keith DeCesare and Derek Machado. It is noted that EMS plays a very critical and important role in the Town.
7. LICENSES
A. Theresa Murphy, Director of Leisure Services is present, and after testimony and discussion on Items 7A and 7B it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to the SK 300th Anniversary Steering Committee for the Trifecta Festival at Saugatucket Park on Saturday, September 9, 2023 from 12:00 PM to 10:30 PM (rain date Sunday, September 10, 2023). Application by Theresa Murphy; New. License No. 80778.
B. UNANIMOUSLY VOTED: to grant a Special Events Permit to the SK 300th Anniversary Steering Committee to conduct the 300th Anniversary Arts and Culture/Trifecta at Saugatucket Park on Saturday September 9, 2023 (rain date Sunday, September 10, 2023) from 12:00 PM to 10:30 PM subject to administrative approvals. Application by Theresa Murphy; New. License No. 80777.
C. Albert F. Terminesi III is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant 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. The applicant is not present, and after discussion it is
UNANIMOUSLY VOTED: to grant 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. Autumn Francesca is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant 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. The applicant is not present, and the application for a Holiday Sales License by Eclectic Energy LLC d/b/a Eclectic Energy is continued.
8. COMMENTS FROM INTERESTED CITIZENS
Council President McEntee invites residents to come forward with comments for 30 minutes.
The following members of the public comment relative to the Town’s decision to discontinue maintenance of private roads:
Gerald Del Piano
Mark Parsons
Mary Leyden
Norma Roelke
Mary-Gail Smith
9. NEW BUSINESS
A. The Town Manager reviews that this item was inadvertently left off the last Agenda and the original award of bid needs to be rescinded before going forward with the new vendor, and it is
UNANIMOUSLY VOTED: to rescind 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. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $13,821.40, as shown on Tax Abatement Request No. 624.
C. Jamie Rhodes, Good Energy LLC is present and gives a brief presentation on the South Kingstown Community Electricity Program. Mr. Rhodes reports on customer enrollment, program choices, and the program impact and aggregation savings. It is noted that there is a reduction in costs and carbon dioxide emissions.
Discussion ensues relative to the notification efforts and opt-out provisions.
Mr. Rhodes reviews the initial goal to move to a 12-month rate term following the first 6-month rate term. In the current environment, the difference between the summer energy rates and winter energy rates makes it difficult to offer a competitive price for the entire year. It is now being requested that the contract be amended to stay on the 6-month rate term with the option to transition to a 12-month rate term.
UNANIMOUSLY VOTED: to authorize 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.”
Richard Bourbonnais, Public Services Director is present and reviews New Business Items 9D, 9E and 9F, and it is
D. UNANIMOUSLY VOTED: to authorize 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. UNANIMOUSLY VOTED: to amend 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. UNANIMOUSLY VOTED: to authorize 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. Theresa Murphy, Director of Leisure Services reviews the proposed Memorandum of Understanding (MOU) with the Town of Narragansett to solidify annual fair share funding of the services provided by the South Kingstown Senior Center.
Discussion ensues relative to the Town of Narragansett’s anticipated approval of the MOU and the calculated percentage of services provided to Narragansett residents.
UNANIMOUSLY VOTED: to authorize 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. UNANIMOUSLY VOTED: to authorize 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.”
Matthew Moynihan, Chief of Police is present and reviews Items 9I and 9J. Both purchases are covered by a supplemental grant awarded from the Office of Highway Safety through the RI Department of Transportation (RIDOT).
Discussion ensues relative to the motorcycle use and lease agreements, and the grant funding awarded to the Town.
I. UNANIMOUSLY VOTED: to authorize 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. UNANIMOUSLY VOTED: to authorize an award to Island Tech Services, 980 S 2nd 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. James Rabbitt, Planning Director is present and reviews proposed amendments to the Town’s Zoning Ordinance and the Zoning Map to add a Government Institutional-I (GI-I) Zoning District to allow the development of a new Emergency Medical Services (EMS) Facility. It is suggested that these proposed amendments be directed to the Planning Board for review and approval.
UNANIMOUSLY VOTED: 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. The Planning Director reviews proposed amendments to the Town’s Zoning Ordinance and the Zoning Map to align the Town’s Medical Marijuana regulations with the Town’s Adult/Recreational Cannabis regulations. It is suggested that these proposed amendments be directed to the Planning Board for review and approval.
UNANIMOUSLY VOTED: 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 Adult/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. The Town Manager reviews the request for authorization to complete the land conversion of a portion of Town Farm Park. In 1983 the Town conveyed a portion of Town Farm Park to South County Hospital for a parking lot expansion in exchange for a like-kind property located on Tuckertown Road. Upon starting the conversion process, the Town learned the Tuckertown Road property wasn’t eligible to offset the sale of the Town Farm Park Land. In 1990 the Town acquired the Green Hill Park property and asked the RI Department of Environmental Management (RIDEM) to retroactively approve the use of the Green Hill Beach Road property as a replacement site for the Town Farm Park conversion, which was granted but never fully completed. This authorization is to submit the final application and maps to the state to complete the transaction.
UNANIMOUSLY VOTED: to authorize 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. The Planning Director reviews the Route 1 Stewardship Plan Development Committee’s (Committee) charge to develop a Stewardship Plan for the Route 1 corridor. The Town is now working with a consultant to complete the Stewardship District Plan. To ensure a quorum at meetings, Mr. Rabbitt requests that the membership be reduced from eleven members to six including one Planning Board member representative, one Economic Development Committee member representative and four members at large.
UNANIMOUSLY VOTED: to amend 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.”
COMMENTS FROM INTERESTED CITIZENS
Council President McEntee invites residents to resume comments.
The following members of the public commented relative to the Town’s decision to discontinue maintenance of private roads:
Susan Dey-Sigman
Joe Duva
Doug Shapiro
Michael Miller, EMS Captain and Vice President of the International Association of Fire Fighters Local 3365 (IAFF) is present and comments on their partnership with the Muscular Dystrophy Association to hold the Fill the Boot Fundraiser which raised $2,965 in July. Mr. Miller thanks everyone who donated and notes there will be another event on August 26th.
The following members of the public comment relative to shoreline access:
Anthony Palazzolo
Scott Keeley
Conrad Ferla
David Welch
Dorald Beasley is present and comments on the Town Solicitor’s Report relative to a potential Charter amendment, the budget process, and the Town tax rate.
Randy Noka is present and comments on the new shoreline access law, the Town Farm Park hospital parking expansion, and the cultural history of the Town Farm Park area.
10. TOWN MANAGER’S REPORT
B. The Town Manager provides an 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. It is reported that the Jonnycake Center for Hope (JCH) prepared and submitted the grant application and was awarded $325,000. The Municipal Education Compact signing had to be rescheduled to September 15th.
C. Lucas Murray, Deputy Town Manager is present and provides a brief update on the School Building Committee (SBC). Kate Macinanti was appointed as SBC Chairperson and the Committee will vote on a new Vice Chairperson and Secretary at their next meeting on August 24th. Items the SBC has discussed are the new website to be housed by the Owners Project Manager, and the architectural and engineering RFP.
Susan Flynn, Town Clerk reports that the Board of Canvassers has certified and submitted the municipal bond referendum question for school facilities construction to RI Secretary of State for a special election on November 7th. The Town is awaiting approval from the RI Board of Elections of the three proposed combined polling locations. Voters will be assigned to a specific polling place to vote.
Discussion ensues relative to notice to the voters and estimated cost of the project.
11. TOWN SOLICITOR’S REPORT
A. Michael Ursillo, Town Solicitor provides a brief overview of the procedures to amend the Town Charter and his office’s informal review of other municipalities charter provisions relative to increasing the number of signatures required for a budget referendum petition. There are four Towns that have provisions similar to South Kingstown: Charlestown, Bristol, North Kingstown, and Westerly. The Town currently requires two hundred (200) signatures for a budget referendum petition which only accounts for approximately 1% of the voter population. Charlestown also requires two hundred (200) signatures, but that accounts for approximately 3% of their voter population. Bristol requires four hundred signatures which equates to 2.7% of their voter population, and North Kingstown and Westerly require signatures of 3% of their voter population. The Town Solicitor notes that 3% of the voter population appears to be more common and that only the Town Council has the authority to place a Charter amendment on the ballot.
Discussion ensues relative to the requirements Narragansett has in place relative to the number of signatures needed for a budget referendum, the Charter review done in the past, and past budget referendums.
12. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that a letter dated August 1, 2023 from David Flanders tendering his resignation from the Conservation Commission effective immediately is accepted and the Town Council directs that a letter of thanks be sent.
B. UNANIMOUSLY VOTED: that 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 referred to the Bicycle-Pedestrian Advisory Committee (BPAC).
C. UNANIMOUSLY VOTED: that 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 and placed on file.
D. Nate Merrill is present and comments on Conrad Ferla’s proposal for the Town to undertake a survey and public access improvement plan for the Charlestown Beach Road shoreline. Mr. Merrill discusses the Town’s ability to seek resilience grant funding, public rights of way signage, and rebuilding the dune bridge or creating a path.
The Town Manager discusses the new shoreline access law and notes that surveying roads is costly.
Richard Bourbonnais, Public Services Director provides background on Charlestown Beach Road acceptance and deed description. Charlestown Beach Road is a public road, and the Town removes any illegal signs. The approved Capital Improvement Program budget includes funding in FY 2024-2025 for a right of way and monumentation survey specifically for Charlestown Beach Road.
Discussion ensues relative to federal grant opportunities.
UNANIMOUSLY VOTED: that 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 referred to the Town Manager and Director of Public Services for a strategic plan and to identify grant opportunities.
E. UNANIMOUSLY VOTED: that 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 and placed on file.
13. APPOINTMENTS
A. UNANIMOUSLY VOTED: to appoint Elaine Gillim to the Trustees of the South Kingstown School Funds for a term to expire in June 2027.
UNANIMOUSLY VOTED: to reappoint Michael Henry to the Trustees of the South Kingstown Library for a term to expire in July 2026.
B. UNANIMOUSLY VOTED: to appoint James P. Howe, Esquire as the Municipal Court and Housing Court Judge for the Town of South Kingstown; and to appoint Adam J. Sholes, Esquire as the Alternate/Associate Judge.
UNANIMOUSLY VOTED: to adjourn at 10:37 PM.
Susan M. Flynn, CMC
Town Clerk