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WORK SESSION
FEBRUARY 13, 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 13th day of February 2023 at 7:06 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
Jessica L. Rose
1. A. CLOSED EXECUTIVE SESSION
Regular Session is reconvened at 7:06 PM and it is
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: Linda Savastano v. South Kingstown School Committee, et al.; Jane Doe v. Town of South Kingstown, et al.; and Aqueous Film-Forming Foams (AFFF) Product Liability litigation relative to PFAS and other hazardous water contaminants; and pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to potential litigation.
It is noted that a vote was taken in Closed Executive Session.
2. A. INTERVIEW 
The Town Council interviews Josh Gilman concerning his interest in being appointed to the Economic Development Committee or the Zoning Board of Review. Mr. Gilman notes that he would prefer to serve on the Economic Development Committee.
2. B. WORK SESSION
James M. Manni, Town Manager reviews the License items on this evening’s Agenda beginning with Item 7A concerning an application by the 300th Anniversary Steering Committee for a Special Events Permit to hold the 300th Anniversary Parade on Saturday, June 17, 2023.
License Item 7B concerns an application to grant a Class F 19-Hour Beverage License to Hera Gallery and Education Foundation for the Spring Bash on April 1, 2023.
License Item 7C relates to an application by the Narrow River Preservation Association for a Special Events Permit to conduct a portion of the annual Narrow River Turnaround Swim on June 24, 2023.
License Item 7D relates to an application by Ocean State Multisport for a Miscellaneous Permit to conduct the 4th annual Angry Unicorn Half Marathon – 5K Road Race on Sunday, November 12, 2023.
License Item 7E is an application for a new Victualling License by Matthew Brown d/b/a Purslane, 318 Main Street, Wakefield.
License Item 7F is an application for a new Victualling License by Troy RI, LLC d/b/a High One, 99 Fortin Road, Unit 131, Kingston.
License Item 7G is an application for a new Holiday Sales License by Island Outfitters, Inc. d/b/a Island Outfitters, 160 Old Tower Hill Road, Wakefield.
The Town Manager reviews Public Hearing Item 8A concerning proposed amendments to Police Department Standing Orders, Policy Number 220.07 Promotional/Transfer Procedure.
The Town Manager reviews the Communication Items on this evening’s Agenda beginning with Item 9A concerning an email from Abbey Oldham, Producer for Rhode Island PBS requesting to give a presentation regarding their upcoming production, Our Town: South Kingstown.
Communication Item 9B is an email from Joanne Esposito, SK 300th Anniversary Steering Committee requesting an opportunity for Eric Swanson to present a wooden plaque in tribute to the Town’s five Missing in Action servicemen for the March 25th Medal of Honor Town Dedication.
Communication Item 9C concerns communications from Representative Teresa Tanzi and Sharon Henderson, Military Recognition Project Chair, SK 300th Anniversary Steering Committee requesting a resolution endorsing the General Assembly’s proposal in House Bill H 5233 to name 3 state-owned bridges in South Kingstown in honor of our Congressional Medal of Honor recipients Sgt. William J. Babcock, Cpl. David B. Champagne, and Sgt. William G. Fournier.
Communication Item 9D is a letter from Representative Teresa Tanzi in support of requests for American Rescue Plan Act funding by the Jonnycake Center for Hope and the South Kingstown Housing Authority.
Communication Item 9E is an email from Jessica C. Mayhew concerning a proposal by the South County Clovers 4H Club to create “right to farm town” signs to be posted in South Kingstown. It is suggested this item be referred to the Planning Department for further review.
Communication Item 9F is an email from Nigel Sorensen and Ashley Buchanan requesting traffic calming measures on Silver Lake Avenue. It is noted that the Police Chief has met with the residents and will be present to review traffic calming measures as potential solutions.
Communication Item 9G concerns a resolution adopted by the Tiverton Town Council proposing legislation for General Assembly consideration to allow cities and towns to regulate and license short-term rentals. The Town Manager reviews difficulties with short-term rentals within the Town and future discussions that will be brought to the Council relative to rental registration.
Communication Item 9H is an email from Dorald Beasley requesting a public hearing be held for a community-wide discussion on affordable housing.
Communication Item 9I is an email from James O’Neill requesting a resolution to seek amendments to the RI Cannabis Act.
Michael Ursillo, Town Solicitor reviews the RI Department of Business Regulations process and standards in issuing cannabis licenses, and it is noted that the General Assembly is looking into potentially providing more detailed guidance on the issue.
The Town Manager’s Report this evening will include an update on the School Building Committee and an update on the status of the Bicycle – Pedestrian Advisory Committee’s Master Plan, Complete Streets Ordinance, and their charge.
The Town Manager reviews the New Business Items on this evening’s Agenda beginning with Items 13A, B, and C relating to awards of bid including an HVAC roof top unit replacement at the Senior Center, vinyl composite tile floor replacement at the EMS North Station and the Neighborhood Guild, and the replacement of the Neighborhood Guild back lot retaining wall.
New Business Item 13D provides for adoption of the Town Beach Policy for the 2023 season.
New Business Item 13E would authorize the Town Manager to send a letter to the Coastal Resources Management Council (CRMC) in response to CRMC Public Notice re: File #2022-06-136, objecting to the application for a maintenance assent to construct and maintain a new residential boating facility with ramps, pier and floats at 20 Water Street.
New Business Item 13F concerns an award of contract to Peter Diepenbrock to commission a public art project to commemorate the Town’s 300th Anniversary in 2023 in an amount not to exceed $130,000.
New Business Item 13G would authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons that would increase the total gross household income limit.
New Business Item 13H concerns authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to a proposed amendment to the Zoning Ordinance extending the Cottage Community sunset provision to March 1, 2025.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
FEBRUARY 13, 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 13th day of February 2023 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
Jessica L. Rose
2. C. REGULAR SESSION
President McEntee acknowledges the passing of Vincent Vespia, Jr., former Chief of Police for many years, and a moment of silence is observed in his honor.
3. 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 all members are present.
5. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on January 23, 2023 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on January 23, 2023 are accepted, approved and placed on file.
6. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 7H. UNANIMOUSLY VOTED: a Victualling License for the license year expired December 1, 2022 to Nitaya Eakapon LLC d/b/a Luk Thai Cuisine, 249 Main Street, Wakefield, RI 02879. Application by Wongphajan Phothisen, Member; Renewal. License No. 61915.
(CA) 7I. UNANIMOUSLY VOTED: to grant a Victualling License to Jessica Dyer d/b/a Baked by Jessica, 406 A Main Street, Wakefield, RI 02879. Application by Jessica Dyer, Owner. Renewal. License No. 65314.
(CA) 7J. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:
Bagels of Wakefield, Inc. d/b/a Bagelz, 90 Pershing Avenue, Wakefield, RI 02879. Application by Scott Lieberman, President. License No. 59135.
Jennifer’s Chocolates, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Jennifer Dowell, Owner. License No. 61338.
(CA) 7K. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:
HNS, Inc. d/b/a Healy News Store, 231 Robinson Street, Wakefield, RI 02879. Application by Sally Minetti, President. License No. 61230.
Sunshine Vape LLC d/b/a Sunshine Vape, 35 South County Commons Way, Wakefield, RI 02879. Application by Darin Tripoli, Member. License No. 65606.
TS Grove PT Marinas RP, LLC d/b/a Ram Point Marina, 2 William Schmid Drive, Wakefield, RI 02879. Application by Rebecca Schmid, General Manager. License No. 78371.
(CA) 7L. UNANIMOUSLY VOTED: to grant Holiday Sales and Laundry Licenses to Kingston Cleaners, Inc. d/b/a Pier Cleaners, 50 High Street, Wakefield, RI 02879. Application by Larry Fish, President; Renewal. License No. 78304.
(CA) 7M. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Produce Licenses to George C. Whaley d/b/a Whaley Farm, 2 Jerry Brown Farm Road, Wakefield RI 02879. Application by Karen Whaley, Owner; Renewal. License No. 78225
(CA) 7N. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses to David Carpenter d/b/a Carpenter’s Farm, 520 Matunuck Beach Road, Wakefield, RI 02879. Application by David Carpenter, Owner; Renewal. License No. 59455.
7. LICENSES
A. Theresa Murphy, Director of Leisure Services is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Special Events Permit to conduct the South Kingstown 300th Anniversary Parade on Saturday, June 17, 2023 at 10:00 AM to the SK 300th Anniversary Steering Committee subject to RIDOT and administrative approvals. Application by Theresa L. Murphy, Director of Leisure Services; New. License No. 75453.
B. Donna Gustafson, Treasurer is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Hera Gallery and Education Foundation, 10 High Street, Wakefield, RI 02879 for the Spring Bash on April 1, 2023 from 6 PM to 9 PM. Application by Sonja Czekalski; New. License No. 78131.
C. Marianne Chronley, Special Events Coordinator is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Special Events Permit to conduct a portion of the annual Narrow River Turnaround Swim in South Kingstown on June 24, 2023 from 7:45 AM to 11 AM to the Narrow River Preservation Association, P.O. Box 8, Saunderstown, RI 02874 subject to the execution of a hold harmless agreement indemnifying the Town and receipt of a Certificate of Insurance naming the Town as an additional insured for the event in the amounts specified by the Finance Director. Application by Marianne Chronley, Member; Renewal. License No. 78588.
D. The applicant is not able to be present this evening, but after brief discussion it is
UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the 4th annual Angry Unicorn Half Marathon – 5K Road Race on Sunday, November 12, 2023 from 6 AM to 11 AM to Ocean State Multisport, P.O. Box 14103, East Providence, RI 02914 subject to the execution of a hold harmless agreement indemnifying the Town and receipt of a Certificate of Insurance naming the Town as an additional insured for the event in the amounts specified by the Finance Director. Application by Gary Menissian; Renewal. License No. 78013.
E. Matthew Brown is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Victualling License to Matthew Brown d/b/a Purslane, 318 Main Street, Wakefield, RI 02879 subject to submission of a Retail Sales Tax permit and Department of Health approval. Application by Matthew Brown, Owner; New. License No. 78525.
F. Halil Ercelik is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Victualling License to Troy RI, LLC d/b/a High One, 99 Fortin Road, Unit 131, Kingston, RI 02881 subject to Department of Health approval. Application by Halil Ercelik, Member; New. License No. 78434.
G. Haily Records, Manager is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Holiday Sales License to Island Outfitters, Inc. d/b/a Island Outfitters, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Jane Fleming, Bookkeeper; New. License No. 78384.
8. PUBLIC HEARINGS
A. Notice having been duly given, a Public Hearing is held relative to proposed amendments to Police Department Standing Orders, Policy Number 220.07 Promotional/Transfer Procedure, as follows:
South Kingstown Police Department
1790 Kingstown Rd., Wakefield, RI 02879
| POLICY NUMBER | ORDER TYPE | ORIGINAL ISSUE DATE | EFFECTIVE DATE |
| 220.07 | STANDING ORDER | 11/28/94 | PENDING |
| CHAPTER : SUBSECTION | TITLE | ||
| HUMAN RESOURCES : PERSONNEL MANAGEMENT | PROMOTIONAL/TRANSFER PROCEDURE | ||
| REVIEW DATES | REVISION DATES | ||
| 2/1/16, 3/31/17, PENDING | 4/9/17, PENDING | ||
| DISTRIBUTION | REFERENCE | PAGES | |
| SWORN PERSONNEL | RIPAC 3.8, 3.9 | 7 | |
I. PURPOSE
The purpose of this policy is to establish guidelines for the promotion of sworn personnel.
II. POLICY
The South Kingstown Police Department seeks to ensure that the most qualified sworn members of the department are recognized for their abilities and are promoted to supervisory positions within the department. The department recognizes the importance of a promotional process that is fair, transparent, job-related, non-discriminatory and consistent with the provisions outlined in the South Kingstown Town Charter Section 4415 “Qualifications for Appointment and Promotion” and consistent with the Collective Bargaining Agreement between the Town of South Kingstown and Local 489 International Brotherhood of Police Officers.
III. PROCEDURE
- The Chief of Police is vested with the authority and responsibility of administering the promotional process.
- Promotional Eligibility
- Candidates for promotion must have served in their present grades for the periods indicated below to be eligible to apply for entry into the promotional process and must be off probation. For the purpose of this regulation, seniority will be consistent with the Collective Bargaining Agreement between the Town of South Kingstown and Local 489 International Brotherhood of Police Officers Article III Section 1.
a. Sergeant - Any department member holding the rank of Patrol Officer or Detective with four years of service with this department, including probationary time, on the date of the posting for the examination. Transfer officers with two or more years of RI POST certified experience will be allotted one (1) year eligibility towards taking the Sergeant’s test (not seniority points).
b. Lieutenant - Any department member who is a permanent Sergeant on the date of the posting.
c. Captain – Any department member who is a permanent Lieutenant on the date of the posting.
d. Deputy Chief – Any department member who is a permanent Lieutenant or Captain on the date of the posting.
- Any otherwise eligible officer who is on suspension or disciplinary probation as of the date of the posting or at any time during the promotional process will not be allowed to participate in the promotional process.
- Written Announcement of Promotional/Transfer Process
1. The Chief of Police will ensure that a written announcement of any promotional/transfer process is emailed to all sworn members of the department via departmental email. This email will indicate where the written announcement will be posted.
2. The written announcement will include:
a. A description of the position(s) available;
b. A list of reading material for the written examination (if applicable);
c. Date of the written examination (if applicable);
d. A closing date and time for a response of intent to participate in the process.
3. Sworn members wishing to participate in the process will email the Chief of Police directly, as indicated in the announcement.
4. Any officers out on OJI, extended leave or on military duty will be notified of the process.
- Promotional process for the rank of Sergeant
- The promotional process for the rank of Sergeant will be held annually and will consist of the following phases:
Peer Evaluation 10 points maximum
Executive Command Staff Interview
Captains & Deputy Chief 15 points maximum
Police Chief 15 points maximum
Written Exam 35 points maximum
Education/Military Service 15 points maximum
Seniority 10 points maximum
Total 100 points maximum
- Peer Evaluation
Peer evaluations will be assessed by all full time, sworn officers, in the following manner, and commence as soon as the deadline to sign up for the process has passed.
Officers will be provided with the preliminary promotional list, containing the names of eligible candidates for evaluation, and will be allotted a minimum of ten (10) business days to complete their evaluations. Evaluations are mandatory and a deadline for completion will be given upon dissemination of the list of eligible candidates.
a. Candidates shall receive up to ten (10) points after evaluations.
b. Every Patrol Officer, Sergeant and Lieutenant will choose their top five (5) candidates from the preliminary promotional list and rank them #1 through #5, with the #1 candidate being who they feel is most qualified for the position. Each of their top five (5) candidates must be given a 1 – 5 rating, with each rating being utilized only once.
c. A point value of 5 will be assigned to the #1 candidate, in one (1) point increments down to a value of 1 for the #5 candidate. The points given will be averaged separately by Patrol Officers as one group and Sergeants and Lieutenants as another group. A maximum of five (5) points will be allotted to each candidate, by each group, for a total maximum of ten (10) points.
d. Every candidate who receives at least one (1) peer recommendation will receive an interview with the Executive Command Staff.
e. Peer evaluation scores will be disseminated to those involved in the process prior to the written exam being held for the Sergeant’s process.
- Executive Command Staff Interview
a. Candidates shall receive up to thirty (30) points based upon the oral interview.
b. Interviews will be conducted by the Executive Command Staff, consisting of the Captains, Deputy Chief and Chief of Police.
c. The Captains and Deputy Chief will each choose their top five (5) candidates from those interviewed and rank them #1 through #5, with the #1 candidate being who they feel is most qualified for the position. Each of their top five (5) candidates must be given a 1 – 5 rating, with each rating being utilized only once.
d. The points given by the Captains and Deputy Chief will be added together and a maximum of fifteen (15) points will be allotted to each candidate.
e. The Chief of Police may award a maximum of fifteen (15) points to each candidate interviewed.
f. Executive Command Staff Interview scores will be disseminated prior to the written exam being held.
- Written Examination
a. A list of suggested reading materials shall be posted and available at least thirty (30) days prior to the scheduled test date, when practicable and applicable.
b. The written exam will be an objective test consisting of multiple-choice questions and true or false questions designed to test each candidate’s knowledge and proficiency.
c. The written exam shall be provided by an expert in the field of police testing procedures representing a college or university or a nationally recognized personnel management association specializing in police/educational testing. The testing authority shall be selected by the Town Manager in his capacity as Public Safety Director and the Chief of Police.
d. The department will bear the cost of written examinations.
e. The Chief of Police will honor any security agreements between the department and agencies providing the examinations.
f. A score of seventy (70) out of a possible one hundred percent (100) is a passing score for the exam. All candidates who achieve a passing grade on the exam will be listed on the promotional list.
g. Candidates shall receive up to thirty-five (35) points for the written exam.
h. Scores will be posted after the written exam and emailed to all those who took part in the exam.
i. Candidates may request through the Chief of Police the opportunity to review and/or challenge incorrect answers. Such requests shall be made within seven (7) days of receipt of test scores.
- Education and Military
a. Candidates shall receive up to a maximum of fifteen (15) points for college credits or degrees or military service as follows:
Military service 3 points
Associates Degree 5 points
Bachelor’s Degree 10 points
Master’s Degree, Doctorate, or Juris Doctorate 15 points
b. Educational points will be given for the highest degree held.
c. Military and educational points can be combined up to a maximum of 15 points.
d. College credits or degrees must be from accredited institutions and the candidate shall provide a copy of the transcript or degree to the Chief of Police by the date of the written exam for the rank of Sergeant or date of interview for all other ranks.
e. Military service must be a minimum of 2-years of continuous, active-duty, in the United States military, with an honorable discharge. The candidate is responsible for providing a copy of their DD 214 to the Chief of Police by date of the written exam for the rank of Sergeant or date of the interview for all other ranks.
- Seniority
a. For the purpose of the promotional process, each candidate shall receive a maximum total of ten (10) seniority points that will be determined on the date the promotional process is announced. Seniority points will be calculated in the following manner and are based on years of service with this department:
Four (4) years of service, but less than five (5) 2 points
Five (5) years of service, but less than ten (10) 4 points
Ten (10) years of service, but less than fifteen (15) 6 points
Fifteen (15) years of service, but less than twenty (20) 8 points
Twenty (20) or more years of service 10 points
- Certification
a. When all phases have been completed and the overall scores of each candidate have been computed, each candidate will receive a summary sheet signed by the Chief of Police.
b. The Chief of Police will submit the list of all passing candidates to the Town Manager within seven (7) day of the final results of the written exam, to include the appeal process. Once certified by the Town Manager, this list will be valid for one year.
c. Promotions shall be selected from the top three (3) names on the list, with each officer allowed the option of refusing or waiving their promotion.
d. When a vacancy occurs, the Chief of Police may conduct an interview with the top three (3) candidates on the list, prior to making a decision on who will fill the vacancy.
e. The Chief of Police will then submit the list of the top three candidates from the promotional list with their corresponding scores along with a recommendation for promotion to the Town Manager. In the event the Chief of Police recommends a candidate other than the candidate who attained the highest score, the Chief of Police will submit to the Town Manager a written justification of his/her reason/s for such recommendation.
f. The promotional list of all candidates shall remain in effect for a period of one (1) year from the date it is certified by the Town Manager. Each time a promotion is made, department members on the list will move up one (1) position. If during the time the promotional list is active it falls to less than three (3) candidates, the Chief may choose to pick from said list or to begin a new promotional process.
g. If an officer waives their promotion, they shall retain their position on the list for the remainder of the life of the list. All officers finishing lower than the officer waiving the promotion will move up in number on the list to ensure that there are always three (3) officers for the Chief to select from, in all cases in which more than three (3) officers passed the written exam.
h. In the event of a tie between two or more candidates, the candidate with the most overall seniority shall bump the other officer(s).
- Promotional Processes for the Ranks of Lieutenant, Captain and Deputy Chief and Transfer Assignments
The promotional process for the ranks of Lieutenant, Captain, and Deputy Chief, as well as any consideration for transfers or temporary assignments will be held as necessary. The Chief of Police and Deputy Chief will conduct interviews with all eligible candidates and evaluate them on criteria to include:
Performance
Peer Evaluation (rank only)
Attendance
Seniority
Education/Military Service
1. Peer Evaluation
Peer evaluations will be assessed by all full time, sworn officers, in the following manner, and commence as soon as the deadline to sign up for the process has passed.
Officers will be provided with the preliminary promotional, containing the names of eligible candidates for evaluation and will be allotted a minimum of ten (10) business days to complete their evaluations. Evaluations are mandatory and a deadline for completion will be given upon dissemination of the list of eligible candidates.
a. Every sworn officer will choose their top five (5) candidates from the candidates to be interviewed and rank them #1 through #5, with the #1 candidate being who they feel is most qualified for the position. Each of their top five (5) candidates must be given a 1 – 5 rating, with each rating being utilized only once.
b. Peer evaluation rankings will be submitted to the Chief of Police for consideration during the process and will be disseminated to those involved in the process prior to the Chief’s Interview.
2. Chief’s Interview
a. The Chief’s Interview will be conducted for the promotional process of Lieutenant, Captain, and Deputy Chief, and may include the Chief and Deputy Chief.
b. The Chief’s Interview will be conducted for any transfers or temporary assignments and may include the Chief, Deputy Chief and a supervisor of the division the candidate may be transferred.
3. Promotions / Transfers
Upon completion of the process, promotions or transfers will be announced by the Chief of Police.
- Probationary Period
- Upon promotion of any officer to higher rank, the promoted officer will enter into a probationary period at the new rank for a period of one (1) year beginning on the date of the promotion order.
- In the event the promoted officer does not demonstrate the professional competence commensurate with the promotional appointment, the Chief of Police shall forward a report and recommendation to the Town Manager establishing cause to revert the promoted officer to his/her former rank, classification, and pay.
- Officers on probation are not considered permanent, in regard to eligibility, until the period of probation is completed.
- Transfers and temporary assignments are at the pleasure of the Chief of Police and can be changed at any time due to lack of performance, funding or staffing shortages.
Police Chief Moynihan is present and reviews the purpose of the revised promotional procedure to amend promotional eligibility, the written announcement/promotional/transfer process, promotional process for the rank of Sergeant in conjunction with the newly ratified union contract, and the promotional period.
There being no public comments, it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt amendments to Police Department Standing Orders, Policy Number 220.07 Promotional/Transfer Procedure, as presented.
9. COMMUNICATIONS
A. Abbey Oldham, Producer for Rhode Island PBS is not present. Joanne Esposito, Chair of the SK 300th Anniversary Steering Committee is present and comments on the Committee’s communications with PBS relative to their upcoming production of Our Town: South Kingstown. Ms. Esposito notes that the program is scheduled to be produced in spring 2023 and will host on TV in fall 2023.
UNANIMOUSLY VOTED: that an email dated November 21, 2022 from Abbey Oldham, Producer, Rhode Island PBS requesting to give a presentation regarding their upcoming production of an Our Town South Kingstown program is received and placed on file.
B. Joanne Esposito discusses Eric Swanson’s background, and Mr. Swanson presents the hand-carved wood plaque he created in honor of the Town’s 5 Missing in Action servicemen to be presented at the Medal of Honor Town Dedication on behalf of the 300th Anniversary Steering Committee. It is requested that the plaque be displayed at Town Hall until the Medal of Honor ceremony.
The Town Council thanks Mr. Swanson for his efforts and contributions.
UNANIMOUSLY VOTED: that an email dated January 6, 2023 from Joanne Esposito, SK 300th Anniversary Steering Committee requesting an opportunity for Eric Swanson to present a wooden plaque in tribute to the Town’s five Missing in Action servicemen for the March 25th Medal of Honor Town Dedication is received and placed on file. The Town Council accepts the MIA plaque and directs that a letter of thanks be sent for the plaque and the SK300 Town Hall sign.
C. Representative Teresa Tanzi is present and discusses her sponsorship of House Bill H 5233 to rename 3 state-owned bridges in Town to acknowledge our Congressional Medal of Honor servicemen and their contributions.
UNANIMOUSLY VOTED: that communications from Representative Teresa Tanzi and Sharon Henderson, Military Recognition Project Chair, SK 300th Anniversary Steering Committee requesting a resolution endorsing the General Assembly’s proposal in House Bill H 5233 to name 3 state-owned bridges in South Kingstown in honor of our Congressional Medal of Honor recipients Sgt. William J. Babcock, Cpl. David B. Champagne, and Sgt. William G. Fournier are received, placed on file, and the Town Council voted to endorse the legislation.
D. Representative Tanzi comments in support of requests for American Rescue Plan Act funding by the Jonnycake Center for Hope and the South Kingstown Housing Authority and reviews the need for affordable housing.
Discussion ensues relative to the condition of some of the affordable housing locations and referring this item for consideration during the Budget Hearings.
UNANIMOUSLY VOTED: that a letter dated February 3, 2023 from Representative Teresa Tanzi in support of requests for American Rescue Plan Act funding by the Jonnycake Center for Hope and the South Kingstown Housing Authority is received, placed on file, and referred for consideration during the Budget Hearings.
E. UNANIMOUSLY VOTED: that an email dated January 19, 2023 from Jessica C. Mayhew concerning a proposal by the South County Clovers 4H Club to create “right to farm town” signs to be posted in South Kingstown is received, placed on file, and referred to the Planning Department for review.
F. Discussion ensues relative to a complaint regarding speeding on Silver Lake Avenue. Police Chief Moynihan notes that he has spoken with Mr. Sorenson, and that a speed limit radar device installed on Silver Lake Avenue and unannounced surveillance has shown that traffic has been generally compliant in that area.
UNANIMOUSLY VOTED: that an email dated January 23, 2023 from Nigel Sorensen and Ashley Buchanan requesting traffic calming measures on Silver Lake Avenue is received, placed on file, and referred to the Police chief to continue mitigation efforts.
G. A resolution adopted by the Tiverton Town Council seeking legislation for municipalities to regulate and license short-term rentals is considered. The Town Manager reviews short-term rentals and other cities and towns that have passed regulations relative to these rentals. Staff will be producing recommendations and studies relative to rental registration regulations in the upcoming months.
Michael Ursillo, Town Solicitor notes that the Town has the ability to adopt rental registration regulations under state law. The Town of Tiverton is requesting legislation that allows the towns to license the rentals and have the ability to exercise more local control. Mr. Ursillo advises that this item be placed on file while staff conducts more research.
UNANIMOUSLY VOTED: that a resolution adopted January 23, 2023 by the Tiverton Town Council proposing legislation for General Assembly consideration to allow cities and towns to regulate and license short-term rentals is received and placed on file.
H. Discussion ensues relative to the Planning Board’s efforts to support affordable housing, and having a work session to discuss this topic.
The Town Manager reviews his discussion with the Governor’s office relative to potential funds for affordable housing.
Representative Tanzi comments on local legislators’ support regarding the Town’s efforts to improve affordable housing and opportunities for federal funding.
James Rabbitt, Director of Planning is present and responds relative to scheduling a work session with the Planning Board regarding housing.
Discussion ensues relative to meeting preferences and specific topics or areas of study to identify for discussion.
UNANIMOUSLY VOTED: that an email dated February 3, 2023 from Dorald Beasley requesting a public hearing be held for a community wide discussion on affordable housing is received and placed on file.
I. Jim O’Neill is present and comments on the RI Cannabis Act, the history of dispensary licenses, applications for retail licenses, being involved in legislation, and social equity issues.
Discussion ensues relative local growers versus national growers, concerns on the Council’s ability to get involved in State cannabis legislation, and the ability to support Mr. O’Neill’s resolution.
UNANIMOUSLY VOTED: that an email dated February 8, 2023 from James O’Neill requesting a resolution to seek amendments to the RI Cannabis Act is received, placed on file, and referred to the Town Solicitor for revisions.
10. TOWN MANAGER’S REPORT
Town Manager’s Report Item 10B is brought forward.
B. James Manni, Town Manager notes that this item is a progress update on the Bicycle – Pedestrian Advisory Committee (BPAC) and general overview for the Council. It is expected to place this item on the next Agenda.
James Rabbitt, Director of Planning discusses the Planning Board’s review of BPAC’s proposed Complete Streets ordinance and Master Plan. The Planning Board recommended that a consultant be hired to do a Bicycle – Pedestrian Master Plan, and internally the Public Services Department could explore the ability to implement a Complete Mobility Plan for the entire Town. It is noted that the RI Department of Transportation (RIDOT) and Statewide Planning participate in the cost to prepare a Complete Mobility Plan study.
Lucas Murray, Director of Administrative Services is present and reviews the charge and mission of the BPAC. It is requested that the Council share their priorities with BPAC for review to then bring their findings and recommendations back to the Council.
Ken Burke, BPAC member is present and comments on BPAC’s dedication to serve, members experience and efforts to complete the Master Plan presented to the Council and the Planning Board, and funding constraints for capital projects.
The Town Manager notes the importance for direction on where the Council would like to go with the Master Plan, and that Public Services has some funding for a Complete Mobility Plan.
A. The Town Manager reviews the School Building Committee’s (SBC) joint meeting with the Council and School Committee on February 9th, and the next joint meeting will be February 23rd to discuss the budget for school facilities construction.
Lucas Murray, Director of Administrative Services and SBC Chairman notes that more budget information is needed, they are awaiting numbers on the project and directive as to which project to pursue. Mr. Murray notes that he reached out to Studio JAED relative to refining the scope for the Preschool program and how much space of the High School would need to be utilized for the CTE option.
Discussion ensues relative to concerns on receiving budget numbers from the School Committee, importance of determining operational savings, and tax bill increases should the school bond referendum pass.
Mr. Murray responds that he will communicate the need for information on the School’s Department financial contribution to the school project.
Discussion ensues relative to the School Committee’s upcoming meeting to approve their budget. Mr. Manni notes he will receive the School Department’s budget and review with the School Superintendent.
Councilwoman Bergner comments in support of naming the Public Safety Complex in memory of former Police Chief Vespia and requests that the Town implement a naming policy for these situations.
UNANIMOUSLY VOTED: to add a Naming Policy to the Agenda for discussion purposes.
Theresa Murphy, Director of Leisure Services notes that there is not a naming policy in place and reviews the need to establish criteria that the Council would abide by for naming buildings or parks.
The Town Solicitor comments that he will look into a naming policy and provide a recommendation to the Council.
11. COMMENTS FROM INTERESTED CITIZENS
Council President McEntee invites residents to come forward with comments.
David Hamel, BPAC Member is present and comments on their proposal for the Green and Complete Streets ordinance.
Jim O’Neill comments on potential improvements to the definition of affordable housing and workforce housing.
Teresa Tanzi comments in support of the BPAC’s proposed Green and Complete Streets ordinance.
Lisa-Beth Sanford, BPAC Member is present and comments on multi-modal usage, and their proposed Green and Complete Streets ordinance.
The Town Solicitor clarifies that the Council can discuss the Green and Complete Streets ordinance at the next meeting, but cannot adopt it at that time.
12. APPOINTMENTS
UNANIMOUSLY VOTED: to appoint Joshua W. Gilman to the Economic Development Committee to fill a term to expire in March 2024.
13. NEW BUSINESS
A. UNANIMOUSLY VOTED: to authorize an award of bid to Prime Heating and Cooling, LLC, 517 Niantic Avenue, Cranston, RI 02910 for replacement of the HVAC roof top unit at the Senior Center, including labor and supplies, in an amount not to exceed $14,960, including contingency; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated January 26, 2023 and entitled “Bid Recommendation – Rooftop HVAC Unit Senior Center.”
B. UNANIMOUSLY VOTED: to authorize an award of bid to Aramsco, Inc., 1480 Grandview Avenue, Paulsboro, NJ 08066 for vinyl composite tile floor replacement at the EMS North Station and the Neighborhood Guild, including labor and supplies, in an amount not to exceed $13,145 including contingency; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated January 26, 2023 and entitled “Award of Bid – Tile Floor Replacement.”
C. UNANIMOUSLY VOTED: to authorize an award of bid to Solitro Property Solutions, 70 Brown School Road, Chepachet, RI 02814 for the removal and disposal of the Neighborhood Guild back lot retaining wall, and construction of a new segmental block retaining wall, in an amount not to exceed $41,500, including a $2,000 contingency; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated January 30, 2023 and entitled “Bid Recommendation, Neighborhood Guild Segmental Retaining Wall Construction.”
D. Theresa Murphy, Director of Leisure Services reviews the amendments made to the 2023 Town Beach Policy and the Town’s Schedule of Fees.
Discussion ensues relative to the cost of the Town Beach pass for seniors compared to the State Beach fees.
Ms. Murphy notes that further review is needed, and advises that there is a reduced fee for elderly tax abatement and SNAP recipients.
UNANIMOUSLY VOTED: to adopt the Town Beach Policy for the 2023 season as shown below, and amend the Town’s Schedule of Fees; as further described in a memorandum from the Director of Leisure Services to the Town Manager dated February 2, 2023 and entitled “2023 Town Beach Policy and Fee Schedule.”
SOUTH KINGSTOWN TOWN BEACH POLICY
It is the policy of the Town of South Kingstown to operate and maintain, as a municipal facility, the Town Beach at Matunuck for the 2023 summer season.
General Rules and Information
- The South Kingstown Town Beach is open to the public from Memorial Day Weekend through Labor Day.
- Designated Parking on Moonstone Beach Road between May 1 – September 15 requires a seasonal beach pass sticker or day pass which can be purchased at the Town Beach gate while the beach is in operation. This parking is monitored by South Kingstown Police.
- The Parking lot opens daily at 8:00 am, parking is first come first serve.
- Gate Hours are 8am to 4pm weekdays; and 8am to 5pm on weekends and holidays.
- Restrooms are normally open from 8:00 a.m. to 7:00 p.m.
- All cars must be vacated from the parking area no later than 9:00 p.m. as the gate is closed and locked at that time.
- Lifeguards shall be on duty 9am to 5:00pm weekdays and 9am to 6:00pm weekends and holidays
- Alcohol consumption on the property is prohibited.
- Smoking on the property is prohibited.
- Dogs are prohibited from Opening Day through Labor Day – excluding service dogs as defined by ADA (see section V). Compliance with the Town’s leash law is required at all times during the off season when dogs are allowed on the beach.
- All ball playing, frisbee throwing and kite flying must be done in the picnic area.
Use of the municipal parking lot at the South Kingstown Town Beach shall be governed in accordance with the following regulations:
I. Beach Parking Stickers/Transferrable Passes
A. A seasonal parking sticker, transferrable pass, or one-day parking pass will be required for access to the beach parking area.
B. Season Passes will be available for purchase as follows:
1. Online at https://parksandrec.southkingstownri.com. Passes will only be sold online from March 1, 2023 to May 19, 2023
2. At the Neighborhood Guild, 325 Columbia Street, Peace Dale, Monday – Friday, March 1 – September 4 during operating hours.
3. At the Town Beach entrance booth during beach operating hours (weekends only May 27 – June 13, and then Sun-Sat June 18 – September 4 while the beach is in operation)
C. The purchase of a seasonal parking sticker or transferrable pass does not guarantee parking.
D. The fees for seasonal and daily beach parking shall be as follows:
Seasonal
1. Resident $60
2. Resident – Senior Citizen (65 or older) $50
3. Elderly Abatement and SNAP recipients $25
(must meet income eligibility, one pass per address)
4. Non-Resident (see item D above) $120
5. Transferrable Pass R (two passes issued) $210
6. Transferrable Pass NR (one pass issued – see item D above) $225
7. 100% disabled Veteran/ Ex-POW and families in public housing No fee
(one pass per address)
8. Narragansett Tribal Members (one pass per address) No fee
Weekdays – Monday through Friday
9. Resident Daily parking fee $10
10. Non-resident Daily parking fee $20
11. Daily parking for busses and large recreational vehicles $50
Weekends/Holidays
12. Residents $15
13. Non-residents $25
14. 4th of July – when the holiday falls on a Tuesday the preceding Monday will charge the holiday rate, when the holiday falls on a Thursday, the following Friday will charge the holiday rate. Charging the holiday rate for daily parking will allow the beach to be staffed to accommodate a weekend crowd over the long holiday weekend.
E. Resident beach parking passes shall only be issued to persons meeting one or more of the following qualifications:
1. Property taxpayers found in the most current tax roll.
2. Property taxpayers who can show a receipt for payment of the current year's taxes.
3. A person who can provide the Town with a copy of a current valid 90-day or longer lease term in South Kingstown.
4. Any person who can show current rent receipts for a South Kingstown property for a period of not less than 90 days.
5. Senior Citizens must show proof of residency and age to be 65 or older for the reduced rate.
6. Non-resident who serves as caregiver/driver for resident who must provide proof of residency as noted in items 1 through 4.
F. Persons failing to meet the above-noted qualifications shall be eligible to purchase a non-resident parking pass for the South Kingstown Town Beach at the fee noted in paragraph D.4 above.
G. Resident parking passes will be issued only to vehicles registered to individuals meeting the criteria established in paragraph E. above.
H. Parking stickers are not transferable. Each pass will be marked to indicate the registration number of the vehicle to which it was issued.
I. A valid vehicle registration must be presented for each vehicle for which a pass is issued.
J. Parking passes are only valid if affixed to the lower front windshield on the driver's side of the vehicle.
K. Transferrable passes (formerly known as Cottage Passes) are available to residents and non-residents as noted above in section D.5 and D.6 and in accordance with the following procedures:
1. For residents: two passes will be issued per the established fee. Non-residents: one pass will be issued for the established fee. The pass must be presented at the front gate at the time of entry to the beach and is good for one vehicle. Pass must be visible at all times while the vehicle is parked in the beach parking lot.
2. Application and payment for transferrable passes will only be accepted by the Parks and Recreation Department at the Neighborhood Guild, 325 Columbia Street, Peace Dale, and RI. Applications will not be accepted at Town Hall or the Town Beach.
II. Parking Priorities
A. Personnel of the South Kingstown Parks and Recreation Department, with the assistance and support of the South Kingstown Police Department will oversee the management and security of the beach parking areas.
B. Parking is first come first serve for all patrons (seasonal stickers, transferable passes, and daily parking passes).
C. Motorcycles, mopeds and all other recreational vehicles are considered motor vehicles for purpose of admission.
D. Bicycles are not considered vehicles and will be parked at the bike rack or at other designated areas.
III. Picnic Area
Picnic Tables and grills are available on a first come first serve basis. Grills are for charcoal use only, open flames are prohibited.
IV. Storage Unit Rental
A. Rental Procedure
1. Rental fee per unit is $175 for the season (Memorial Day Weekend to Labor Day).
2. Rental applications will be accepted at the Neighborhood Guild from April 3 through May 11. If greater than sixteen applications are received, a lottery will be held at the Neighborhood Guild on May 12, 2023, at 10 a.m.
3. Only one application may be submitted per address.
4. Payment must be submitted to the South Kingstown Parks and Recreation Department, 325 Columbia Street, Peace Dale within seven business days of the lottery drawing (by May 19, 2023).
5. Application and payment for beach storage units are only accepted at the Neighborhood Guild. Applications will not be accepted at the Town Beach.
B. Eligibility Requirements
1. Property taxpayers found in the most current tax roll.
2. Property taxpayers who can show a receipt for payment of the current year's taxes.
3. A person who can provide the Town with a copy of a current valid 90-day or longer lease term in South Kingstown.
4. Any person who can show current rent receipts for a South Kingstown property for a period of not less than 90 days.
C. Storage Unit Rules
1. The name on the application form is the person responsible for the rental unit.
2. Renter agrees to provide their own lock.
3. Renter has access to storage unit during regular operating hours of beach.
4. The unit must be cleaned and emptied by Labor Day. Items left in the unit after Labor Day become the property of the Town and will be disposed of.
5. The following items may not be stored in the rental unit
a. Alcohol
b. Firearms
c. Food (overnight)
d. Portable grills
6. Unit rental rights are not transferable.
7. Unit rental is not renewable for future seasons. A lottery will be conducted annually.
8. The Town of South Kingstown is not responsible for any damage to or loss of renter’s property as a result of theft or vandalism.
V. Service Animals
Service animals as defined by the Americans with Disabilities Act:
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Beach patrons accompanied by a dog may be asked what work or task the has dog been trained to perform.
E. Michael Stach, Harbormaster is present and explains the SK Waterfront Advisory Commission’s review and recommendation to object to a CRMC dock application at 20 Water Street. The dock would be constructed outside part of the boundary of the applicant’s property, encroaching onto Water Street which is a private road and ownership is unclear. It is noted that petitions have been received in the past to designate Water Street as a public right of way and that residents sometimes use this area to access the water. Historically, the Town has maintained this area.
The Town Solicitor notes the public can petition CRMC to designate this area as a public right of way due to historic use.
Mr. Stach notes that CRMC has received petitions to designate the area as a right of way and no action has been taken as of yet.
The Town Solicitor will send a follow up letter to CRMC’s legal counsel relative to adding the right of way designation to their Sub-Committee’s agenda.
UNANIMOUSLY VOTED: to authorize the Town Manager to send a letter to the Coastal Resources Management Council (CRMC) in response to CRMC Public Notice re: File #2022-06-136, objecting to the application for a maintenance assent to construct and maintain a new residential boating facility with ramps, pier and floats at 20 Water Street; as further described in a memorandum from the Director of Leisure Services to the Town Manager dated February 6, 2023 and entitled “Waterfront Advisory Commission – Point Break Realty, LLC CRMC Maintenance Assent File #2022-05-136 to construct & maintain a new residential boating facility w/ramps, pier, & floats.”
F. Theresa Murphy, Director of Leisure Services reports that a $150,000 place-making grant has been received from RI Commerce for a proposed public art commemorative project for the Town’s 300th anniversary. Ms. Murphy reviews the process followed by the 300th Anniversary Steering Committee to vet the artists who submitted proposals.
Ken Burke reports on the Review Committee’s process, the options presented, and the Committee’s recommendation for Peter Diepenbrock. The location of the art piece is designated to be at the Village Green for 10 years. The piece is a caricature of a rabbit and is appropriate to be placed in a playground setting. Discussion ensues relative to the four different art options, and it is
UNANIMOUSLY VOTED: to authorize an award of contract to Peter Diepenbrock, 32 Hamilton Avenue, Jamestown, RI 02835 to commission a public art project to commemorate the Town’s 300th Anniversary in 2023, as specified in a proposal dated January 6, 2023, in an amount not to exceed $130,000; and as further described in a memorandum from the Leisure Services Director to the Town Manager dated February 7, 2023 and entitled “Recommendation – 300th Anniversary Commemorative Art Commission.”
G. Discussion ensues relative to the annual elderly property tax exemption program, and it is
UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons, as follows:
Sec. 17-44. Amount of exemption; filing of applications.
(a)If the applicant's total gross household income does not exceed forty-three thousand two hundred fifty one ($43,251) forty-five thousand one hundred ninety-seven ($45,197) dollars, the tax on the property shall be equal to four (4) percent of that gross income, provided that the maximum tax savings to the applicant shall not exceed the following:
| 2022 (Current) Total Gross Household Income | 2022 (Current) Tax Credit | Proposed (2023) Total Gross Household Income | Proposed (2023) Tax Credit |
|
|
| 0 - $21,325 | $2,472 |
|
|
| $21,326 - $23,758 | $2,124 |
|
|
| $23,759 - $28,625 | $2,005 |
|
|
| $28,626 - $31,870 | $1,887 |
|
|
| $31,871 - $36,506 | $1,770 |
|
|
| $36,507 - $38,939 | $1,533 |
|
|
| $38,940 - 40,214 | $1,416 |
|
|
| $40,215 - $41,373 | $1,124 |
|
|
| $41,374 - $42,647 | $826 |
| $ |
| $42,648 - $45,197 | $534 |
H. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to a proposed amendment to the Zoning Ordinance, as follows:
ARTICLE 5. SUPPLEMENTARY REGULATIONS
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Section 502.7 Cottage Community.
******
UNANIMOUSLY VOTED: to adjourn at 10:05 PM.
Susan M. Flynn, CMC
Town Clerk