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WORK SESSION
MAY 22, 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 22nd day of May 2023 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Jessica L. Rose
1. A. WORK SESSION 
James M. Manni, Town Manager reviews this evening’s Agenda, beginning with items on the Consent Agenda for renewal of business licenses, advertising for a Public Hearing on the Pay Plan, and Tax Abatement requests.
Licenses to be considered this evening include a new Victualling License application by Butterhead, LLC d/b/a Purslane; a Special Events Permit to conduct the 300th Anniversary Post Parade Picnic and a Class F 19-Hour Beverage License for that event; a Miscellaneous Permit to conduct a Car Parade; and a new Victualling License application by Calaveras LLC d/b/a Maiz.
Item 7A is a Public Hearing to consider the application by Butterhead, LLC d/b/a Purslane for a new Class B Victualler Liquor License for their establishment located at 318 Main Street in Wakefield. Because there are no liquor licenses currently available, after closing the Public Hearing the Town Council will move to New Business Item 8A to either affirm or amend the number of liquor licenses. The Council will then return to the Public Hearing to make a decision on the liquor license request.
New Business Item 8B concerns an award for newspaper digitization and digital archives services for the Library.
Items to be addressed under the Town Manager’s Report include a report on the upcoming Town Budget Referendum, and an update on the progress of the School Building Committee.
Communication Item 11A concerns a request for the appointment of a Town Council member to the Washington County Regional Planning Council.
Communication Item 11B is an email from the School Superintendent regarding Dorald Beasley’s calculations that the School budget has $2 million in excess funds. Mr. Prince will be here to speak on this issue, and it is requested that this item be moved forward to the beginning of the meeting.
Communication Item 11C is a resolution by the Tiverton Town Council asking that the General Assembly and the Governor reinstate General Revenue Sharing for RI municipalities.
Discussion ensues relative to the emergency ballot voting procedures established by the Board of Canvassers for the Town Budget Referendum.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
MAY 22, 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 22nd day of May 2023 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Jessica L. Rose
1. B. REGULAR SESSION
2. 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. Councilwoman Bergner is absent.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: VOTED: that the minutes of the Work Session held on May 8, 2023 are accepted, approved and placed on file.
Council Vice President Marran abstained due to his absence from that meeting.
B. Regular Session: VOTED: that the minutes of the Regular Session held on May 8, 2023 are accepted, approved and placed on file.
Council Vice President Marran abstained due to his absence from that meeting.
Communication Item 11B is brought forward. Mark Prince, School Superintendent is present and indicates that he is not here to discuss the School budget, the School Committee is meeting tomorrow evening where the budget referendum will be discussed. Mr. Prince asks the Town Council to correct Dorald Beasley’s comments made at the previous Town Council meeting regarding his calculations that there is a $2 million surplus in the school budget, in order to correct the record. Mr. Prince states that the School’s financial statements are considered accurate. The School Committee’s budget is based on factual information, they are expected to be accurate and transparent. Mr. Prince states that the School Department does not have a surplus of $2 million.
Council President McEntee comments that the School Superintendent knows the School Committee budget the best, and School officials manage the budget transfer provided to them by the Town Council. Mr. McEntee states that the Town Council does not endorse comments made by the public during meetings.
Council Vice President Marran notes that one resident at the May 8th Town Council meeting stated he’d found a surplus of $2 million in the School budget. Mr. Marran states that the money contained in a school budget report that was claimed by this resident to be a surplus was actually the remainder of operating funds for the rest of the fiscal year.
Discussion ensues. It is stated that all members of the Town Council agree there is not a $2 million surplus in the School Committee’s budget.
UNANIMOUSLY VOTED: that an email dated May 10, 2023 from School Superintendent Mark Prince regarding Dorald Beasley’s calculations that the School budget has $2 million in excess funds is received and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) A. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:
Sumo Sushi, Inc. d/b/a Sumo Sushi, 99 Fortin Road, Unit 104, Kingston, RI 02881. Application by James Towers, Accountant; Renewal. License No. 69836.
The Rhode House RI, LLC d/b/a The Rhode House, 99 Fortin Road, Kingston, RI 02881. Application by Katia Erika Cuevas, Member; Renewal. License No. 79708.
(CA) B. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing relative to adoption of the FY 2023-2024 Position Allocation to Pay Schedule.
(CA) C. UNANIMOUSLY VOTED: to authorize the Town Assessor to abate taxes in the total amount of $6,011.88, as shown on Tax Abatement Request No. 618.
(CA) D. UNANIMOUSLY VOTED: to authorize the Town Assessor to abate taxes in the total amount of $6,450.00, as shown on Tax Abatement Request No. 619.
6. LICENSES
A. Matthew Brown is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Victualling License to Butterhead, LLC d/b/a Purslane, 318 Main Street, Wakefield, RI 02879. Application by Matthew Brown, Managing Member, 1390A Kingstown Road, Wakefield, RI 02879; New. License No. 79386.
B. Theresa Murphy, Director of Leisure Services is present and discusses the 300th Anniversary Committee’s applications for permits for the Post Parade Picnic, and after discussion it is
UNANIMOUSLY VOTED: to grant a Special Events Permit to conduct the 300th Anniversary Post Parade Picnic at Saugatucket Park on Saturday, June 17, 2023 from 12:00 PM to 4:30 PM to the 300th Anniversary Steering Committee subject to administrative approvals. Application by Theresa L. Murphy, Leisure Services Director; New. License No. 79821.
C. UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License for the 300th Anniversary Post Parade Picnic at Saugatucket Park on Saturday, June 17, 2023 from 12:00 PM to 4:30 PM to the 300th Anniversary Steering Committee subject to administrative approvals. Application by Theresa L. Murphy, Leisure Services Director; New. License No. 79837.
D. Reagan Dunne is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct a Car Parade on Saturday, June 3, 2023 at 11:00 AM to The Never Dunne Foundation,17 Fairport Avenue, Narragansett, RI 02882 subject to the execution of a hold harmless agreement indemnifying the Town and issuance of a certificate of insurance naming the Town as an additional insured in the amounts specified by the Finance Director. Proceeds to benefit the Never Dunne Foundation for glioblastoma brain cancer. Application by Reagan Dunne, Member; Renewal. License No. 77996.
E. Julio Mendoza and Iliyana Borisora are present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Victualling License to Calaveras LLC d/b/a Maiz, 58 High Street, Wakefield, RI 02879 subject to approval by the Fire Chief, Wastewater Superintendent and RI Department of Health. Application by Ilyana Borisora, Member; New. License No. 79353.
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is held relative to an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Application for a Class B Victualler Liquor License by Butterhead, LLC d/b/a Purslane, 318 Main Street, Wakefield, RI by Matthew Brown, Managing Member for the indoor dining area and 14 seats on the patio in accordance with a Special Use Permit granted by the Zoning Board of Review on March 22, 2023; and as further defined in a site plan on file in the Town Clerk’s office.
Matthew Brown and Freida Sahady are present and testify regarding this application.
Discussion ensues.
There being no public comments, it is
UNANIMOUSLY VOTED: to close the Public Hearing.
8A. New Business Item 8A. is brought forward. Discussion ensues relative to increasing the number of Class B Victualler Liquor Licenses from 29 to 30, and it is
UNANIMOUSLY VOTED: to amend the Town’s Liquor License Rules and Regulations, Section I. The current number of licenses for each class shall be authorized as indicated below, unless changed by a majority vote of the Town Council:
Class Number
A – Retail 4 maximum
B – Victualler 29 30
B – Tavern 2
B – Limited 5
B – Hotel 1
B – M 0
C 0
D – Club Full Privilege 1
D – Limited 0
F Five per year per organization
F – 1 Five per year per organization
J – Limited 1
T – Legitimate Theater 3
7A. The Town Council returns to a decision on the Public Hearing, and it is
UNANIMOUSLY VOTED: to grant an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Application for a Class B Victualler Liquor License by Butterhead, LLC d/b/a Purslane, 318 Main Street, Wakefield, RI by Matthew Brown, Managing Member for the indoor dining area and 14 seats on the patio in accordance with a Special Use Permit granted by the Zoning Board of Review on March 22, 2023; and as further defined in a site plan on file in the Town Clerk’s office. License No. 79386.
Said license is contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, issuance of a Certificate of Insurance evidencing required liability coverage, compliance with all Town Ordinances and regulations, the payment of any municipal taxes, user fees and lease payments in arrears to the Town, and the correction of any fire code violations.
8. NEW BUSINESS
B. UNANIMOUSLY VOTED: to authorize an award of purchase to Advantage Preservation, 1035 33rd Avenue SW, Cedar Rapids, IA 52404 for newspaper digitization and digital archives services in an amount not to exceed $20,975; as further described in a memorandum from the Library Director to the Town Manager dated May 17, 2023 and entitled “Newspaper Digitization and Digital Archives.”
9. TOWN MANAGER’S REPORT
A. The Town Manager reviews the logistics of the Town’s all-day Budget Referendum that will take place on Tuesday, June 6th at the Community Recreation Center. The polls will be open from 8 AM to 8 PM to vote on a petition to reduce the Town’s Property Tax Transfer to the School Fund by $1.5 million.
Michael Ursillo, Town Solicitor reviews the petition filed, the budget referendum process established by Town Charter, and how a successful petition would affect the Town budget.
Council President McEntee asks if the School Committee could bring a suit against the Town to stop a reduction in the Town’s Transfer to the School Fund based on State requirements that the Town provide “Maintenance of Effort” (MOE) funding to the Schools equal to the prior year’s budget.
The Town Solicitor states that if a School Committee lawsuit was successful in that regard, the Town may have to take money out of its Undesignated Fund Balance in order to reinstate level funding to the School Fund, or a Judge may impose a tax increase and order the Town to send out supplemental tax bills.
Discussion ensues.
The Town Clerk explains the emergency ballot process for the Budget Referendum and that emergency ballots will be available in the Town Clerk’s Office beginning on Wednesday, May 31st through Monday, June 5th at 4 PM.
Council President McEntee speaks against the Budget Referendum petition and declares his support of the Town Council’s adopted budget for the School Fund.
Councilwoman Rose speaks against the Budget Referendum petition and declares her support of the Town Council’s adopted budget for the School Fund.
Councilwoman Alley urges people to vote no on the petition, and states that she does not believe the narrative being advanced online.
Council Vice President Marran notes that the referendum petition was started on the premise that the School Committee was hiding money. The Budget report cited by the proponents showed funds remaining for operational costs for the rest of the fiscal year, not a budget surplus. Mr. Marran states his opposition to the petition.
B. Luke Murray, Director of Administrative Services and Chairman of the School Building Committee (SBC) presents an update on the SBC. At their May 11th meeting they voted to go forward with hiring an OPM. A Community Workshop was held on May 20th at the High School. Mr. Murray discusses that Hazard Field has a federal conservation restriction on it, but that the Town can swap like-kind property where the building and fields are. Conceptual images of the proposed new High School are presented, including entrances on School Street and a bus drop off lane. The proposed athletic fields are at Curtis Corner Middle School.
Councilwoman Rose excuses herself and leaves the meeting.
Discussion ensues regarding outdoor learning areas, and information provided on the SBC website for residents to access.
UNANIMOUSLY VOTED: to add the Town’s new Access to Public Records Act (APRA) portal to the Agenda for discussion.
Mr. Murray explains that the Town has established a new Access to Public Records Act (APRA) portal using OpenGov on the Town’s website. Requests for information can be filed electronically, which has helped to streamline the process for the public and staff.
10. PUBLIC COMMENTS
Council President McEntee invites residents to come forward with comments.
Bob Kells is present and submits information and photographs of St. Romuald’s Chapel in Matunuck, and requests that the Town pave the sidewalk in front of the Chapel.
Stephanie Osborn is present and encourages voters to vote no on the Budget Referendum petition, citing students’ stress and potential damages if funding is taken away.
Paula Whitford, School Committee Chairwoman is present and comments on the work done by the School Committee, including closing schools, consolidating, and finding operational savings. Ms. Whitford states that families will leave and take their students out of the school system due to lack of programs if funding is cut.
Christian Blaney is present and comments in support of the Town Council’s adopted budget, and states that the Town has a growth issue and needs to increase the tax base.
Bob Trager is present and comments that it is important to provide services to the Town’s youth.
Jim O’Neill is present and states that when he collected signatures for the Budget Referendum petition that no one was happy with the Town, and comments on enrollment, closure of school buildings, reduction in State Aid to Education and the cost of the new school facilities project.
Sherry Thompson is present and asks residents to vote no to the petition, stating that students need all programs.
Brett Harrington is present and states that he gathered signatures for the petition and comments on the need to reduce the school budget along with the closing of schools.
Elizabeth Nestor is present and comments that level funding over the past several years has been an effective 14% reduction in the school budget; tax bills have not gone up much; the School Budget has been explained; and that petition statements contained falsehoods.
Council Vice President Marran notes there are opportunities for public comments at School Committee meetings.
Kate Macinanti, School Committee member is present and expresses appreciation for the support to approve the Town Council appropriation at the Budget Referendum, and calls out the falsehood of a school budget surplus.
Dorald Beasley is present and states that he filed the Budget Referendum petition, that State law allows for a per pupil calculation for Town funding and that the School budget could cut $2 million based on decline in enrollment.
Carol Vetter, School Committee member is present and speaks in regard to the MOE requirements from the RI Department of Education (RIDE); notes that all budget documents are available on the Town website, including a 6 year funding comparison; states that next year’s total school budget is $800,000 less and the Governor’s Budget for State Aid to Education has not yet been finalized. Ms. Vetter notes that a $1.5 million cut would devastate school programs, and thanks the Town Council for their support.
11. COMMUNICATIONS
A. Council Vice President Marran explains the opportunities for obtaining funds for the regional towns, and after discussion it is
UNANIMOUSLY VOTED: that a letter dated April 27, 2023 from Deb Carney, Charlestown Town Council President and Jeff Broadhead, Volunteer requesting the appointment of a Town Council member to the Washington County Regional Planning Council is received, placed on file, and Council Vice President Marran is appointed as the Town’s representative.
C. UNANIMOUSLY VOTED: that a resolution adopted May 8, 2023 by the Tiverton Town Council seeking support for their request that the General Assembly and the Governor reinstate General Revenue Sharing for RI municipalities is received, placed on file, and the Town Council voted to support the request.
The Town Council notes the passing of Ana Prager, a former Town Council member and Town Planner.
12. APPOINTMENTS – none
UNANIMOUSLY VOTED: to adjourn at 9:15 PM.
Susan M. Flynn, CMC
Town Clerk