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REGULAR SESSION
JULY 10, 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 10th day of July 2023 at 6:00 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
Jessica L. Rose
1. CLOSED EXECUTIVE SESSION
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: James M. Manni, Town Manager annual review; and regarding the position of Municipal Court and Housing Court Judge.
Amy Goins, Assistant Town Solicitor notes that Mr. Manni was notified of his right to have this discussion in open session in accordance with the Open Meetings Act.
Convened to Work Session at 6:33 PM.
Susan M. Flynn, CMC
Town Clerk
WORK SESSION
JULY 10, 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 10th day of July 2023 at 6:33 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
Jessica L. Rose
2. A. WORK SESSION WITH THE PLANNING BOARD
Also present: Planning Board members: Maria Mack, Chair; Joseph Murphy, Vice Chair; Susan Axelrod, Secretary; Peter DiStefano; Paul Jordan; Elizabeth Karp; and Robyn Pothier; Jamie Rabbitt, Director of Planning; and Brian Wagner, Senior Planner.
Maria Mack, Planning Board Chair gives an introduction and discusses the importance of keeping the identity of the community and its individual villages. Good land use planning seeks to improve upon haphazard development patterns of the past in an organized way, yet still allow for creativity and flexibility.
Five major issues to discuss this evening include Old Tower Hill Road mixed use zoning, affordable housing adaptive reuse, Main Street/ Saugatucket River Park area, legislative changes with regard to land use that have occurred in this session, and the Route 1 Scenic Stewardship Plan. We may not get to all of them this evening, but want to have a conversation with the Council and get a sense of what the Council has as their priorities and talk a little bit about the work the Planning Board has done.
The Town formerly created an Annual Action Agenda which was the basis to begin planning for the year’s long-range and short-term planning goals. Not all projects were able to be completed in a year due to priorities which took precedence. The plan later became a Biennial Action Agenda plan with more flexibility to modify when necessary. The Planning Board has regular meetings at which they review projects, as well as work sessions at which they discuss long-range and short-term planning.
Ms. Mack notes that Old Tower Hill Road is on tomorrow’s Planning Board Work Session agenda for a policy discussion on mixed use zoning prior to hiring a consultant.
Jamie Rabbitt, Director of Planning advises that a Request for Qualifications for consulting work was sent out 4 weeks ago. The 3 responses received from Dover Kohl & Partners, Stantec and Beta Group will be reviewed and ranked, interview(s) conducted, and then a final scope of services will be created.
Discussion ensues regarding the review and selection process. Mr. Rabbitt notes that the review committee will consist of 5 Town department heads and the Planning Board chair. Discussion ensues regarding the availability of funding for consultants.
Ms. Mack discusses the Planning Board’s process based on moving forward with efficiency without compromising effectiveness. The Board considers the different assets and needs in the community in its deliberations.
Peter DiStefano, Planning Board member comments on the need for urgency with respect to considering mixed use zoning for the Old Tower Hill Road area.
Ms. Mack notes that housing is a big issue, South Kingstown is different from urban areas and the Town has many different factors to consider such as planning for stormwater issues. Town needs require the Planning Board to be practical and realistic, and to consider the financial implications.
Paul Jordan, Planning Board member who previously served on the Town’s Affordable Housing Collaborative Committee comments on the need to look at zoning for multi-family housing, and at the transition zones between commercial and residential.
Robyn Pothier, Planning Board member comments that housing projects only require that 25% of the units be reserved for moderate or low income housing, and as such the Town can’t meet the State’s 10% affordable housing goal. Dr. Pothier suggests the Town might take some of their unused properties for affordable housing.
Ms. Mack notes that the State Comprehensive Permit process is a problem and suggests working with some of the non-profit housing groups to build projects that are 100% affordable.
Mr. Jordan comments that short-term rentals interfere with unit availability.
Discussion ensues regarding the lack of “starter homes”.
Mr. DiStefano notes the Town’s desirability as a factor for the type of projects that are built here. He advises against having affordable housing clustered in one place, and notes that density is an issue.
Discussion ensues regarding smart growth policies. Discussion ensues regarding the Dollar General and Hampton Inn being good examples of keeping with local design standards, in contract to Cubesmart’s block building.
Discussion ensues regarding the concept of fast, good and cheap building goals.
Mr. Rabbitt comments that architectural standards would make the process easier, noting that in RI it can take 2 years for a project to be approved. The Planning Board is trying to build certainty into the process for builders.
Discussion ensues regarding design standards development by the Planning Board.
Ms. Mack notes the Planning Board’s support for Main Street and Saugatucket Park grant projects.
Discussion ensues regarding the Town’s goal to increase the supply of affordable housing. There are currently no cottage zoning projects, but the Town has a good accessory dwelling ordinance.
Amy Goins, Assistant Town Solicitor advises that her office will provide a memo regarding the General Assembly’s legislative changes that affect Planning. Ms. Mack notes that recent legislation does not give the Planning Board more flexibility and includes mandates and additional reporting requirements.
Ms. Mack notes the Main Street and Saugatucket River Park project resulted from a project with URI to make the park more usable and connect to the Bike Path. Ms. Mack discusses the Route 1 Stewardship Plan Development Committee and notes that they will be assisted by a consultant to help finalize the plan for submission.
2. B. WORK SESSION
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
JULY 10, 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 10th day of July 2023 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
Jessica L. Rose
3. REGULAR SESSION
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: James M. Manni, Town Manager annual review; and regarding the position of Municipal Court and Housing Court Judge.
Amy Goins, Assistant Town Solicitor discloses that a vote was made during Closed Executive Session to approve the Town Manager’s Compensation Package with a 2.25% salary increase and vacation accrual carryover up to thirty (30) days in conformance with non-union employee benefits.
The Town Council takes a brief recess.
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 June 26, 2023 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on June 26, 2023 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on June 26, 2023 are accepted.
6. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) A. UNANIMOUSLY VOTED: to grant a Victualling License to Cousins RI Bakery LLC d/b/a Cousins Bakery, 100 Fortin Road, Kingston, RI 02881. Application by Lu-Anne Cox, Member; Renewal. License No. 78428.
(CA) B. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Jools LLC d/b/a Java Madness, 134 Salt Pond Road, Wakefield, RI 02879. Application by Mark LaHoud, Member; Renewal. License No. 59708.
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is held relative to the filing of an application with the RI Office of Housing and Community Development for funding consideration of municipal public services and facilities projects under the Federal Small Cities Community Development Block Grant (CDBG) Program, and to obtain citizens’ views on the same. The following activities are being considered for inclusion in that application:
South Kingstown Public Library
Kingston Library Roof Replacement $ 107,500
South Kingstown Senior Center
Parking Lot Redesign & Reconstruction $ 250,000
Brian Wagner, Senior Planner is present and explains that CDBG is a federally funded grant program disbursed to the states and in turn disbursed to local communities. South Kingstown is one of thirty-three (33) communities that can apply for these grants. The Town is required to apply for eligible activities and must meet national objectives such as activities that benefit low to moderate income families and individuals. The State has approximately $5.5 million in available funding and approximately $3.5 million of that funding is available in the form of competitive grants that are targeted to public facilities and public services.
Mr. Wagner reviews that every town is limited to three public facilities projects in a total not to exceed amount of $500,000 for each project, and two public services activities with no specified monetary limit. The Town is proposing the Kingston Library roof be replaced due to leaking and the Senior Center parking lot be redesigned and reconstructed. It is noted that a few non-profit organizations have come forward with requests. The WARM Center is seeking $25,000 to expand the operation of their kitchen and the Jonnycake Center is seeking $50,000 to stock their food pantry due to increasing food costs.
The Planning Department did not have all the necessary information on these applications and it is requested to continue this Public Hearing to the next meeting in order to provide the detailed applications for review. It is noted that the CDBG application deadline was extended to July 27th.
Council President McEntee opens the Public Hearing to public comments.
Mojie Friel, Asset Development Manager, WARM Center is present and discusses their request for $25,000 to reopen the Welcome House community meal site to the public. The funding would jump start the program to provide food for non-shelter guests as food costs rise.
Discussion ensues relative to the cost of the proposed public facilities projects and the bid process.
UNANIMOUSLY VOTED: to continue to July 24, 2023 a Public Hearing relative to the filing of an application with the RI Office of Housing and Community Development for funding consideration of municipal public services and facilities projects under the Federal Small Cities Community Development Block Grant (CDBG) Program, and to obtain citizens’ views on the same. The following activities are being considered for inclusion in that application:
South Kingstown Public Library
Kingston Library Roof Replacement $ 107,500
South Kingstown Senior Center
Parking Lot Redesign & Reconstruction $ 250,000
8. PUBLIC COMMENTS
Council President McEntee invites residents to come forward with comments.
David Flanders, Conservation Commission member is present and comments on the Town efforts for the revitalization of Town villages, the new businesses that have moved in on Main Street and the events held in downtown. Mr. Flanders expresses concerns relative to the use of the Municipal parking lot on Main Street by the Paul Masse Chevrolet dealership that creates narrow lanes and makes access difficult for emergency vehicles.
Bill McCusker is present and expresses concerns relative to parking for the Riverfire events, the car dealership overtaking the area and suggests that overnight parking be eliminated as a means to control the situation.
Bob Trager is present and comments on local newspapers and the Jonnycake Center’s closure of the clothing center.
Mary-Gail Smith is present and comments on private roads no longer being maintained by the Town and her concerns relative to liability.
Norma Roelke is present and comments on private roads that are gravel located near ponds or the ocean, and Town grading and plowing. Ms. Roelke claims that Sand Piper Drive is not a private road due to public use and property owned by the RI Department of Environmental Management.
Susan Dey-Sigman is present and comments on having purchased her property under the impression that the Town maintained the road, and that they don’t want to pave the road for Town acceptance.
Elise Torello is present and comments that she lives on a private road where the residents pay for road maintenance and services, and that it is not equitable for the Town to pick and choose which private roads to maintain.
Robert Jensen is present and comments on the public use of Sand Piper Drive and requests the Council look at each private road individually.
Pat Barber is present and comments on private roads no longer being maintained by the Town.
Vincent Criscione is present and comments that Town plowing of a private road near his subdivision on Broad Hill Way spurred those residents to pursue their request for equity in Town services.
Elaine Meyer is present and expresses concerns with safety issues if private roads are not properly maintained and questions the costs to maintain their roads.
Tom Kunkel is present and comments that the Town has set a precedent by plowing their private road for the past 35 years.
The Town Manager reports that there are 840 roads in Town consisting of 265 miles of roadway. Town-owned roads number 463 and consist of 147 miles. There are 333 private roads covering 70 miles; 80 of these roads covering 12 – 13 miles were maintained by the Town. There are also 44 state roads covering 51 miles.
Doreen Grandell is present and comments that Shadberry is a private road that can’t be paved.
Sharon Yagel is present and inquires about the criteria originally used for the Town to maintain certain roads.
The Town Manager notes that most private roads can’t meet the standard of a Town-owned road. The issue of maintenance of private roads was brought to the Council by a Homeowners Association seeking equity. It is noted that no private roads have been added for Town maintenance in at least 35 years.
9. NEW BUSINESS
A. Richard Bourbonnais, Director of Public Services is present and reviews Items 9A and 9B.
UNANIMOUSLY VOTED: to authorize an award of contract to Parkson Corporation, 1401 W. Cypress Creek Road, Fort Lauderdale, FL 33309 for ultra-fine aeration panel membranes for the Wastewater Treatment Facility in an amount not to exceed $45,000 including freight, and to Grainger Inc., Dept. 865857098, Palatine, IL 60038 and McMaster-Carr, P.O. Box 7690, Chicago, IL 60680 for tape in an amount not to exceed $5,000 including freight; and as further described in a memorandum from the Public Services Director to the Town Manager dated June 30, 2023 and entitled “Parkson Aeration Panel Replacement Membranes.”
B. UNANIMOUSLY VOTED: to authorize an award of contract to Pine Ridge Technologies, Inc., 217R Main Street, North Reading, MA 01864 for on-call maintenance of streetlight fixtures at the specified contracted hourly rates for a 5-year term (to June 30, 2027) in an amount not to exceed $15,000 per year, to be paid from the Street Light Maintenance account #10130007-534000; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 1, 2023 and entitled “Streetlighting Maintenance Recommendation.”
C. Lucas Murray, Deputy Town Manager gives a brief presentation on the RI Department of Education (RIDE) Stage II application. Mr. Murray explains that Stage II consists of a report with project proposals to address the needs identified in Stage I. It is noted that Stage I consisted of determining school facility needs and developing improvement proposals in accordance with the Necessity of School Construction (NSC) process required by the RIDE School Building Authority (SBA). The NSC process must be followed in order to qualify for housing aid reimbursement from the State.
Mr. Murray reviews the following ten (10) sections of the Stage II report: Project Summary and Prioritization; Architectural Feasibility Study; Schematic Design Documents; Design and Construction Cost Projection; Financing Plan; Site Purchase Plan; Local Support; Project Timeline; Commissioning Agent and Owner Project Manager (OPM) Services; and Response to Comments from Stage I. The primary focus of the Stage II report is the proposed construction of a new high school and athletic complex. The Stage II application is due by September 15, 2023.
Discussion ensues relative to RIDE’s formula for calculating how much the Town can receive for reimbursement, the SBC’s evaluation of different options and costs relative to the High School, the risks of renovating the existing High School building compared to constructing a new one, the next steps of the process, and RIDE’s turnaround time to respond to the Town’s application.
UNANIMOUSLY VOTED: to authorize the submittal of the South Kingstown School Building Project Stage II Report document prepared by Studio JAED to the RI Department of Education School Building Authority, and further to authorize the Town Manager and/ or Town Council President to execute any documents necessary to effectuate the submission of relevant application materials; as further described in a memorandum from the Deputy Town Manager to the Town Manager dated July 3, 2023 and entitled “Authorization to Submit the Necessity of School Construction Stage II Report to the Rhode Island Department of Education.”
D. Amy Goins, Assistant Town Solicitor reviews the portion of the Closed Executive Session minutes requested to be unsealed relative to the purchase of property on Ministerial Road for construction of an EMS facility. It is noted that this portion of the Closed Executive Session minutes will be made publicly available.
E. Mark Capuano, Tax Assessor is present and reviews minor changes in the existing Payment in Lieu of Tax (PILOT) Agreements for The Jewish Children’s Home of Rhode Island (Camp JORI) and the South Kingstown Land Trust. It is noted that PILOT Agreements are reviewed annually.
UNANIMOUSLY VOTED: to authorize the Town Manager to execute individual Payment in Lieu of Tax (PILOT) Agreements for FY 2023-2024 with The Jewish Children’s Home of Rhode Island (Camp JORI) and the South Kingstown Land Trust in accordance with the Town Code, Chapter 17 Taxation, Article IV. Property Tax Exemptions and Payment in Lieu of Tax Agreements for Charitable Organizations, Section 17-45; as further described in a memorandum from the Tax Assessor to the Town Manager dated July 5, 2023 and entitled “FY 2023-2024 PILOT Agreements.”
10. TOWN MANAGER’S REPORT
A. James Manni, Town Manager reviews the July 4th holiday and reports that several thousand people attended the fireworks event. Mr. Manni commended Town staff for the coordination and safety of the event.
B. The Town Manager reports on the progress of the Town’s Municipal Court and notes Attorney Susan Perkins, who was appointed as Judge on March 27th has withdrawn her application.
C. The Town Manager reports that Lucas Murray, Deputy Town Manager provided an update on the School Building Committee (SBC) during New Business Item 9C.
The Town Manager notes there will be a workshop/presentation regarding the Downtown/Village Revitalization Project on July 13th at 6:00 PM. This workshop will review the American Rescue Plan Act (ARPA) funds dedicated for the Villages in South Kingstown.
11. TOWN SOLICITOR’S REPORT
A. Amy Goins, Assistant Town Solicitor reports that litigation is pending in Superior Court on the matter involving 72 Sophia Court. The defendant has obtained legal representation and the case is in the discovery process.
B. The Assistant Town Solicitor reviews the procedures to amend the Town Charter relative to increasing the number of signatures required for a budget referendum petition. Under the Home Rule provision in the RI State Constitution the Town Council could propose a Charter Amendment to be placed on the ballot as a question for the next election. An informal review of other municipalities found that it is more common to require signatures ranging from 5 – 10% of the voter population. The Town currently requires two hundred (200) signatures for a budget referendum petition which only accounts for approximately 1% of the voter population.
C. Ms. Goins notes that the Town Solicitor’s memorandum on private roads provided to the Town Council can be made publicly available. Ms. Goins advises that the Town Council doesn’t have jurisdiction to make legal determinations whether a road is currently public or private. Members of the public in disagreement with whether a road is public or private would need to seek legal representation and have the matter resolved in Superior Court.
Discussion ensues relative to the liability of the road being the responsibility of the land owner.
12. COMMUNICATIONS
A. Sharon Henderson is present and comments on the importance of commemorating the life and sacrifice of Brigadier General Isaac Peace Rodman, provides a history of his public service, and extends an invitation to an official tribute and rededication of the Soldiers and Sailors Monument ceremony in Riverside Cemetery on August 19th.
UNANIMOUSLY VOTED: that an email dated June 27, 2023 from Sharon Henderson, Military Recognition Project Chair, 300th Anniversary Steering Committee requesting a proclamation recognizing August 18th as Brigadier General Isaac Peace Rodman Day is received, placed on file, and the request is approved.
B. UNANIMOUSLY VOTED: that an email dated June 27, 2023 from Andrew Martinez tendering his resignation from the Historic District Commission is accepted, and the Town Council directs that a letter of thanks be sent.
UNANIMOUSLY VOTED: to adjourn at 9:32 PM.
Susan M. Flynn, CMC
Town Clerk