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WORK SESSION
JULY 24, 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 24th day of July 2023 at 7:00 PM.
PRESENT: Michael K. Marran, Vice President
Patricia A. Alley
Jessica L. Rose
1. A. INTERVIEW 
The Town Council interviews Leslie Pierini relative to her interest in being reappointed to the Trustees of the South Kingstown School Funds.
1. B. WORK SESSION
James M. Manni, Town Manager reviews the Consent Items on this evening’s Agenda including two license renewals, and an award of contract for the Kingston Free Library roof repair.
The Town Manager reviews the License Items on this evenings Agenda, beginning with Item 6A an application by Southern RI Chamber of Commerce for a Class F 19-Hour Beverage License for the Taste of Southern RI event to be held on September 28th at Clark Farms.
License Item 6B is an application for a Temporary Mass Gathering Permit by the Sons of Liberty Spirits Co. to conduct the PVD Food Truck Nights on July 27th, August 31st, and September 28th.
License Item 6C is an application for a Temporary Mass Gathering Permit by the Sons of Liberty Spirits Co. to conduct the Arts and Eats event on October 21st.
The Town Manager reviews Public Hearing Item 7A, continued from the July 10th meeting, relative to filing an application with the RI Office of Housing and Community Development for Community Development Block Grants (CDBG). The request includes replacement of the Kingston Library roof, redesign and reconstruction of the Senior Center parking lot, food pantry restock for the Jonnycake Center for Hope, and community kitchen expansion at the WARM Welcome House.
The Town Manager reviews the New Business Items on this evening’s Agenda, beginning with Item 9A authorizing an award to Peterson’s Oil Service for the purchase of gasoline and diesel fuel.
New Business Item 9B is a request to authorize the Town Manager to execute a Memorandum of Understanding to participate in the purchase of natural gas under the State of Rhode Island’s Master Price Agreement for the reverse auction conducted by the State of RI for the period beginning December 1, 2023.
New Business Item 9C concerns tax abatements in the amount of $22,403.86.
New Business Item 9D concerns tax abatements in the amount of $7,585.06.
New Business Item 9E relates to authorizing the submission of a ballot question to the RI Secretary of State for inclusion in the November 7, 2023 Local Election for bonding authority relative to the construction and equipping of a new high school, athletic facility, and other facilities in the Town.
Under the Town Manager’s Report an update on the shoreline access legislation will be presented by Mike Ursillo, Town Solicitor and Matthew Moynihan, Chief of Police.
The Town Manager reviews the Communication Items on this evening’s Agenda, beginning with Item 11A concerning a request from Laura Lee Costello, Executive Director, South Kingstown Housing Authority (SKHA) for a letter of support to RI Housing for grant funding and a loan for affordable housing development projects.
Communication Item 11B is a letter from Susan M. Walsh tendering her resignation from the Zoning Board of Review.
Communication Item 11C concerns communications from Peter Zawisza, President, Matunuck Point Beach Club, Mary and Matt Leyden, and Susan Dey-Sigman requesting the Council to reconsider its decision to discontinue maintenance of private roads, convene a study commission, and stay the implementation of the Town’s decision. The Town Manager reviews the Town Council’s Rules of Conduct relative to placing communications on an Agenda. This item was placed on the Agenda due to the request to stay the implementation of the Town’s decision.
Convened to Regular Session.
REGULAR SESSION
JULY 24, 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 24th day of July 2023 at 7:30 PM.
PRESENT: Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
Jessica L. Rose
2. 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.
3. ROLL CALL
Roll Call is taken and four members are present. Council President McEntee is absent.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on July 10, 2023 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on July 10, 2023 are accepted, approved and on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on July 10, 2023 are accepted.
5. 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 Breakfast Nook, Inc. II d/b/a Breakfast Nook, 575 Kingstown Road, Wakefield, RI 02879. Application by Richard Seddon, President; Renewal. License No. 59646.
(CA) B. UNANIMOUSLY VOTED: to grant Holiday Sales, Dance and Tourist Accommodation Licenses to Shepherd’s Run LLC d/b/a Shepherds Run, 4780 Tower Hill Road, Wakefield, RI 02879. Application by Ryan Schoen, Managing Member; Renewal. License No. 72550.
(CA) C. UNANIMOUSLY VOTED: to authorize an award of contract to Weatherproofing Technologies, Inc., 3735 Green Road, Beachwood, OH 44122 for roof repairs at the Kingston Free Library in accordance with the terms and conditions of the specifications, in an amount not to exceed $9,200; and as further described in a memorandum from the Facilities Director to the Town Manager dated July 12, 2023 and entitled “Contract Recommendation: Kingston Free Library Roof Repair.”
6. LICENSES
A. Joe Viele, Executive Director is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to the Southern RI Chamber of Commerce for the Taste of Southern Rhode Island event to be held on Thursday, September 28, 2023 from 5 PM to 9 PM under a tent in the field at 2984 Commodore O.H. Perry Highway, Wakefield. Application by Joe Viele, Executive Director, 230 Old Tower Hill Road, Wakefield, RI 02879; Renewal. License No. 80042.
B. Bryan Ricard is present, and after testimony and discussion on Items 6B and 6C it is
UNANIMOUSLY VOTED: to grant a Temporary Mass Gathering Permit to Sons of Liberty Spirits Co. to conduct the PVD Food Truck Nights at 1425 Kingstown Road, Wakefield, RI 02879 on Thursday, July 27, Thursday, August 31, and Thursday, September 28, 2023. Application by Bryan Ricard; New. License TMG-23-5.
C. UNANIMOUSLY VOTED: to grant a Temporary Mass Gathering Permit to Sons of Liberty Spirits Co. to conduct the Arts and Eats event at 1425 Kingstown Road, Wakefield, RI 02879 on Saturday, October 21, 2023 from 12 PM to 7 PM subject to approval by the Union Fire District. Application by Susan Denice; New. License TMG-23-7.
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is continued from the July 10, 2023 meeting 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
Jonnycake Center for Hope
Food Pantry $50,000
WARM – Welcome House
Community kitchen $25,000
Brian Wagner, Senior Planner is present and reviews that the CDBG application was held and continued from the last meeting in order to properly vet the additional applications from the Jonnycake Center for Hope and the WARM – Welcome House. It is required that the Council rank the activities on level of priority. Mr. Wagner notes that the CDBG is a federal program and individual entities cannot apply for these grants, the Town is responsible for the application.
The Town Manager discusses the proposed project at the Senior Center. It is noted that the Town is eligible to apply for a maximum amount of $500,000. The improvements proposed for the Senior Center and Kingston Library are extremely critical and there is not sufficient Capital Improvement Program (CIP) funds for these projects.
Mr. Wagner notes the CDBG application deadline is July 27th and expresses the need for the Council to make a decision this evening.
UNANIMOUSLY VOTED: to close the Public Hearing.
Discussion ensues relative to the priority level of each activity.
The Town Council reaches a general consensus to submit the CDBG application in the proposed order of priority recommended by staff.
UNANIMOUSLY VOTED: to approve the submission 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 to support the activities proposed herein in a total amount of $432,500, prioritized in the following order:
South Kingstown Public Library
Kingston Library Roof Replacement $107,500
South Kingstown Senior Center
Parking Lot Redesign & Reconstruction $250,000
Jonnycake Center for Hope
Food Pantry $50,000
WARM – Welcome House
Community kitchen $25,000
WHEREAS, funds are available under the Rhode Island Community Development Block Grant Program, administered by the Department of Housing, Office of Housing & Community Development; and,
WHEREAS, the Governor of the State of Rhode Island has authorized the Director of said Department/Office to disburse such funds; and,
WHEREAS, it is in the interest of the citizens of the Town of South Kingstown that application be made to undertake a local Community Development Block Grant.
Now, therefore, be it resolved by the Town Council of the Town of South Kingstown that the filing of this application for the amount of $432,500 to implement the activities proposed herein is hereby authorized, subject to the South Kingstown Planning Board making a finding of consistency with the South Kingstown Comprehensive Community Plan. James Manni, Town Manager and Chief Executive Officer is hereby authorized and directed to file this application with the Office of Housing and Community Development, to provide any additional information or documents required by said office, to make any assurances required in connection with this program, to execute an agreement with the State of Rhode Island and to otherwise act as the Representative of the Town of South Kingstown in all matters relating to this application and any award which may be based upon this application.
8. PUBLIC COMMENTS
Council Vice President Marran invites residents to come forward with comments.
Norma Roelke is present and comments in opposition to the initial communication filed January 2023 by the Broad Hill Residential Compound Homeowners Association concerning the inequity of plowing private roads. Ms. Roelke notes that road maintenance is part of the Town budget and homeowners on private and public roads are taxed the same.
Mario Briccetti is present and comments on beech tree leaf disease and invites residents to a presentation by Heather Faubert regarding the disease to be held at the Peace Dale Library on July 31st.
Jeffrey Bouley is present and comments on private road maintenance in the Wordens Pond Shores area.
Arthur Palmer is present and comments on his review of the GIS database, Broad Hill Residential Compound Homeowners Association being under a compound ordinance, and the maintenance of private roads.
Dan Raboin is present and comments on the costs for maintenance of private roads and the costs of Town taxes.
Rochelle Gunning is present and comments on the Town’s maintenance of Wordens Pond Shores in the past, the effect Town road maintenance has when deciding to purchase a property, and the cost of taxes.
Christopher Swartz is present and comments on receiving the notification that the Town will no longer plow private roads, the effect Town road maintenance has when deciding to purchase a property, the analysis of the increase in the area of roads compared to the increase in tax rates, and selectively taking away services.
UNANIMOUSLY VOTED: to add private road maintenance to the Agenda for discussion purposes.
Discussion ensues.
Robert Jensen is present and comments in support of providing road maintenance the way it was before, the road maintenance issue causing division within the Town, and criticizes the Town Solicitors Report on the issue.
Dorald Beasley is present and comments on the school bond referendum authorization, and that the proposed amount of the bond is not enough to build the high school the way the Town wants.
Ashley Jensen is present and comments on the maintenance of private roads.
The Town Manager reviews that the Town has 840 roads totaling 265 miles, 333 of those roads are private totaling approximately 80 miles and 13-14 miles of those private roads were being maintained by the Town. That left approximately 66-67 miles of private roads not being maintained by the Town. The fiscal impact of maintaining all roads within the Town is substantial. The Town would see a significant increase in liability and insurance, a need for at least three additional dump trucks with sanders and plows at approximately $250,000 per truck, and six additional staff members costing approximately $600,000 per year. It is estimated that the cost of maintaining the additional 66-67 miles of private roads would be $1 million per year. The fiscal impact for the taxpayers would amount to an increase of approximately 15-16 cents per $1,000 valuation of the home; the average home valued at $450,000 would be looking at an estimated $60-$80 increase in taxes.
Mr. Manni emphasizes that the Town is looking at fairness and equity for all of the residents and it is noted that there were many factors taken into consideration when presenting this to the Town Council.
Ashley Jensen comments in support of the Town increasing the tax rate to maintain all roads in the Town and the importance of notifying the public.
Discussion ensues relative to notifications to the public, the potential of increasing the tax rate to maintain all roads, the Council’s responsibility to represent all residents of the Town, and ensuring that tax rate increases are not causing undue hardship.
Councilwoman Rose leaves the meeting.
Chris Iredale is present and comments on paying taxes, receiving Town services, and the choice to purchase property on private roads.
Cheryl Swartz is present and comments on the cost for private plowing services and in support of raising the tax rate to provide town-wide snow plowing.
9. NEW BUSINESS
A. Brian Silvia, Finance Director is present and reviews the request to rescind the award of bid to Santa Buckley and award the bid to Peterson’s Oil Service for gasoline and diesel fuel. Mr. Silvia reviews the Highway Department’s decision to go with the next lowest bidder due to quality issues with the first vendor and will re-evaluate when the bid with Peterson’s Oil Service expires.
UNANIMOUSLY VOTED: to authorize an award to Peterson’s Oil Service, 75 Crescent Street, Worcester, MA 01605 for the purchase of gasoline and diesel fuel from July 2023 to August 30, 2024 based on the RI Municipal Purchasing Agents Associations’ cooperative bid, at the lowest daily rack prices published by Oil Price Information Services (OPIS) plus the increment of $0.17 gallon for gasoline and diesel fuel for a one (1) year period, and to further extend for one (1) one year renewal options upon approval by the RI Municipal Purchasing Agents Association; 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 Town Manager to execute a Memorandum of Understanding (MOU) to participate in the purchase of natural gas under the State of Rhode Island’s Master Price Agreement for the reverse auction conducted by the State of RI for the period beginning December 1, 2023; and as further described in a memorandum from the Facilities Director to the Town Manager dated July 14, 2023 and entitled “Authorization of Town Manager to Execute a Memorandum of Understanding with the State of RI for Natural Gas Procurement.”
C. The Town Manager notes the vast majority of these abatements are for elderly residents that paid late.
UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $22,403.86, as shown on Tax Abatement Request No. 622.
D. The Town Manager notes that these abatements are for tangible assets that were listing errors.
UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $7,585.06, as shown on Tax Abatement Request No. 623.
E. Discussion ensues relative to the School Bond referendum. Council Vice President Marran explains that enabling legislation from the RI General Assembly already approved the amount of the school bond and the Town does not have the discretion to change it. The question will be presented to the voters to approve or deny. It is noted that the Town Council and the School Committee are in support of the proposed bond.
Brian Silvia, Finance Director notes that the ballot question has been prepared and approved by the Town’s Bond Counsel.
UNANIMOUSLY VOTED: to authorize the submission of the following question to the Office of the Secretary of State for inclusion on the November 7, 2023 Local Election ballot:
CONSTRUCTION AND EQUIPPING OF NEW HIGH SCHOOL,
ATHLETIC FACILITY AND OTHER SCHOOL FACILITIES
$125,000,000 BONDS AND NOTES
(Chapter 25/26 – Local Acts of 2023)
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“Shall an act, passed at the 2023 session of the General Assembly, entitled 'An act authorizing the Town of South Kingstown to issue not to exceed $125,000,000 general obligation bonds and notes to finance the acquisition, construction, improvement, renovation, furnishing and equipping of a new high school, athletic facility, and other school facilities in the town and all expenses incident thereto, including, but not limited to, costs of design, demolition, athletic fields, landscaping and parking and all attendant expenses, including engineering, architectural and other project-related consulting costs, provided that the authorization shall be reduced by the amount of certain grants received from state bond proceeds, from the Rhode Island Department of Education or from the Rhode Island School Building Authority' be approved?”
10. TOWN MANAGER’S REPORT
A. The Town Manager introduces the issues of the new shoreline access legislation relative to the public’s rights and privileges of the shore. This legislation allows the public a right to access the shore up to 10 feet landward of the visible high tide line.
Michael Ursillo, Town Solicitor reviews the challenges of enforcing the new legislation. If there is no definitive line from seaweed, rocks, debris etc. then the law states to go off of where the wet mark is. Mr. Ursillo notes that it is not an easy law to enforce, but it is clear that the public may not trespass on a homeowner’s private property or use the owners’ facilities. It is also noted that private property owners have brought a lawsuit stating that the legislation is an unconstitutional taking of property.
Matthew Moynihan, Chief of Police is present and explains that the recently passed shoreline access legislation provides more guidelines than before. The Police Department has been in contact with the RI Coastal Resources Management Council (CRMC) and RI Department of Environmental Management (RIDEM) to seek guidance relative to existing signage and structures.
Discussion ensues relative to CRMC, RIDEM, and the RI Attorney General’s Office responsibility to determine appropriate language and signage details for use at shoreline locations in accordance with the legislation.
11. COMMUNICATIONS
A. Laura Lee Costello, Executive Director, South Kingstown Housing Authority is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: that a letter dated July 18, 2023 from Laura Lee Costello, Executive Director, South Kingstown Housing Authority requesting a resolution in support of the agency’s application to Rhode Island Housing for grant funding and a loan for affordable housing development projects is received, placed on file, and the Town Council directs that a letter of support be sent.
B. UNANIMOUSLY VOTED: that a letter dated July 18, 2023 from Susan M. Walsh tendering her resignation from the Zoning Board of Review effective August 1st is accepted, and the Town Council directs that a letter of thanks be sent.
C. UNANIMOUSLY VOTED: that communications from Peter Zawisza, President, Matunuck Point Beach Club, Mary and Matt Leyden, and Susan Dey-Sigman requesting the Council to reconsider its decision to discontinue maintenance of private roads, convene a study commission, and stay the implementation of the Town’s decision are received and placed on file.
12. APPOINTMENTS
UNANIMOUSLY VOTED: to reappoint Leslie Pierini to the Trustees of the South Kingstown School Funds for a term to expire in June 2028.
UNANIMOUSLY VOTED: to adjourn at 9:26 PM.
Susan M. Flynn, CMC
Town Clerk