TOWN COUNCIL AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

MONDAY, JULY 22, 2024

 

CLOSED EXECUTIVE SESSION – 6:30 PM

WORK SESSION – 7:00 PM

REGULAR SESSION – 7:30 PM

 

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

 

TOWN COUNCIL

Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Charles Gregory Sweet

 

James M. Manni, Town Manager

Michael A. Ursillo, Esquire, Town Solicitor

Susan M. Flynn, CMC, Town Clerk

 

 

 

Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station.

 

NOTE:  Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.

 

DATE POSTED 7/18/2024

 

1.            CLOSED EXECUTIVE SESSION – 6:30 PM

 

A.        A Closed Executive Session pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public.

 

2.            A.        WORK SESSION – 7:00 PM

Discussion with the Waterfront Advisory Commission

All items listed on the Town Council agenda are subject to discussion.

 

3.            REGULAR SESSION – 7:30 PM

Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.

 

            A.        PLEDGE OF ALLEGIANCE TO THE FLAG

            B.        LAND ACKNOWLEDGEMENT STATEMENT

 

4.            ROLL CALL

 

5.            APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

            A.        Work Session – July 8, 2024

             

B.        Regular Session – July 8, 2024

 

C.        Closed Executive Session – July 8, 2024

 

6.            CONSENT AGENDA

 

(CA)    A.        A resolution granting Victualling and Holiday Sales Licenses to The Rhode House RI, LLC d/b/a The Rhode House, 99 Fortin Road, Unit 116, Kingston, RI 02881. Application by Katie Erika Cuevas, Member. Renewal; License No. 79708.        

 

(CA)    B.        A resolution authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for transfer of 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

 

Transfer of a Class B Victualler Liquor License from JSR Co. d/b/a Tony’s Pizzeria, 1916 Kingstown Road, Wakefield, RI by John Reves, President to Antonio’s SK, Inc. d/b/a Antonio’s By The Slice, 1916 Kingstown Road, Wakefield, RI by Stamatis Reves, President for the dining and counter areas, in accordance with Special Exceptions granted by the Zoning Board of Review on August 20, 1980 and December 18, 1991; and as further defined in a site plan on file in the Town Clerk’s Office.

 

Rule 13:  All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion.  There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

 

7.            LICENSES – none

 

8.            PUBLIC HEARING

 

            A.        A Public Hearing relative to proposed amendments to the Zoning Ordinance, Article 3. Use Regulations and Article 5. Supplementary Regulations that would allow Accessory Drive-up Windows for Financial Institutions, as shown on Exhibit 1 attached hereto. Application by People’s Credit Union, 858 West Main Road, Middletown, RI 02842.

 

9.            NEW BUSINESS

 

A.           A resolution authorizing an award of contract to The Howard E. Nyhart Company, Inc., 5750 Caste Creek Parkway, Suite 245, Indianapolis, IN 46250 for actuarial consulting services to complete the GASB 74/75 Full Report, dated 6/30/2024 and the GASB 74/75 Interim Report, dated 6/30/2025 in an amount not to exceed $14,300, under the provisions of the Town Code, Chapter 6 Finance, Section 6-26(d) Professional Services and 6-26(i) Specialized Services. This contract is to be funded via the OPEB Consulting Services Account, within the Healthcare Management Fund (80260001-530048); and as further described in a memorandum from the Finance Director to the Town Manager dated July 11, 2024 and entitled “GASB 74/75 Actuarial Consulting Services – Contract Recommendation.”

 

B.           A resolution establishing the following Wastewater User Fees effective July 1, 2024, and amending the Town’s Schedule of Fees; as further described in a memorandum from the Public Services Director to the Town Manager dated July 10, 2024 and entitled “FY 2024-25 Wastewater User Fee Adjustment.”

 

Minimum in Advance                                                  $400.00 per 10,000 cu. ft.

(effective 7/1/2024)                                                     per year, per unit

 

Excess charge over 10,000 cu. ft.                              $4.80/100 cu. ft.

(effective 7/1/2024)

 

C.           A resolution establishing a Septage User Fee of $95.00 per 1,000 gallons effective July 1, 2024, and amending the Town’s Schedule of Fees; as further described in a memorandum from the Public Services Director to the Town Manager dated July 10, 2024 and entitled “FY 2024-25 Septage Tip Fee Rate Increase.”

 

D.           A resolution authorizing the Town Manager to execute a Site Access Agreement with Cellco Partnership d/b/a Verizon Wireless, One Verizon Way, Mail Stop 4AW100, Basking Ridge, NJ 07920 for access to the Victoria Lane water tank, in accordance with terms of the Site Access Agreement as approved by the Town Solicitor; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated July 11, 2024 and entitled “Verizon – Victoria Lane Water Tower – Site Access Agreement.”

 

E.            A resolution authorizing an amendment to an award originally granted on October 13, 2015 and subsequently amended on September 25, 2017, November 26, 2018, and February 26, 2024 to the contract entitled Design and Construction Engineering Services provided by James J. Geremia & Associates, Inc., 272 W. Exchange Street, Suite 201, Providence, RI 02903 for Engineering Services from an amount not to exceed $498,928 to an amount not to exceed $689,628, which includes a $20,000 contingency, to be paid from the Wastewater Fund’s unrestricted net assets with a portion to be reimbursed by URI and Narragansett; as further described in a memorandum from the Public Services Director to the Town Manager dated July 16, 2024 and entitled “JGA Contract Amendment No. 4, Change Order No. 8, Engineering Services.”

 

F.            A resolution authorizing the Tax Assessor to abate taxes in the total amount of $24,944.23, as shown on Tax Abatement Request No. 638.

 

G.           A resolution authorizing an award of bid to Coldmasters Temperature Control, 72 Fenner Street, Cranston, RI 02910 for heat pump installation at the Public Works Highway Garage, in accordance with all bid specifications, in an amount not to exceed $70,330 including a contingency; as further described in a memorandum from the Director of Facilities to the Town Manager dated July 16, 2024 and entitled “Award of Bid – Heat Pump Installation – Public Works Garage.”

 

H.           A resolution authorizing an award of bid to Scuba Trainors, LLC, 1000 Mendon Road, Cumberland, RI 02864 for the purchase of dive team gear consisting of gloves, booties and flashlights per the unit prices as submitted by bid on July 12, 2024, and in accordance with all bidding specifications; as further described in a memorandum from the Chief of Police to the Town Manager dated July 16, 2024 and entitled "Bid Recommendation – Dive Team Gear - SK0066PD."

 

I.              A resolution authorizing an award of bid to House of Scuba, Inc., 5141 Sante Fe Street, Suite A, San Diego, CA 92109 for the purchase of dive team gear consisting of wetsuits, hoods, masks, fins, belts, weights, and turnout bags per the unit prices as submitted by bid on July 12, 2024, and in accordance with all bidding specifications; as further described in a memorandum from the Chief of Police to the Town Manager dated July 16, 2024 and entitled: "Bid Recommendation – Dive Team Gear - SK0066PD."

 

J.            A resolution authorizing an award to McGovern Municipal HQ, 1200 Worcester Road, Framingham, MA 01702 for one (1) 2023 Chevrolet Equinox LT AWD vehicle, in accordance with pricing per the Greater Boston Police Council (GBPC) contract, in an amount not to exceed $31,500, including contingency; as described in a memorandum from the Chief of Police to the Town Manager dated July 12, 2024 and entitled “Award Recommendation – Town Manager / Public Safety Director Vehicle Replacement. ”

 

K.           A resolution authorizing the Town Clerk to advertise by reference for Order of Notice a Public Hearing relative to proposed amendments to Police Standing Orders 410.01 Lethal & Less Lethal Force; 410.02 Oleoresin Capsicum (OC) Spray; 410.03 Baton; 410.05 Weapons – Caliber, Ammunition & Safety; and 460.01 Uniform Standards; as further described in a memorandum from the Chief of Police to the Town Manager dated July 16, 2024 and entitled “Submission of Updated Standing Orders for Town Council Approval.”

 

L.            A resolution authorizing an award to Strobes N More, 81 Tom Harvey Road, Westerly, RI 02891 for the installation of emergency lights and accessories, pricing per RI MPA #566, in an amount not to exceed $15,000, including contingency; and as further described in a memorandum from the Chief of Police to the Town Manager dated July 17, 2024 and entitled “Award Recommendation – Emergency Lighting and Accessories (V408).”

 

M.           A resolution authorizing an award to Studio JAED, 42 Weybosset Street, Suite 403, Providence, RI 02903 for architectural, engineering and construction services related to the design and construction of a new high school and athletic facility, in an amount not to exceed $9,557,890.65 which includes a base proposal fee of $9,102,753.00 and a five percent contingency of $455,137.65; as further described in a memorandum from the Deputy Town Manager/DOAS to the Town Manager dated July 16, 2024 and entitled “Authorization to Award Architectural and Engineering Design Services for the South Kingstown School Building Project.”

 

N.           Discussion and/or action regarding a contract awarded May 13, 2024 to Union Studio for Architectural Design Services to prepare architectural concepts for affordable housing, as requested by Council Member Alley.

 

O.           Discussion of Town Council Goals and Objectives, Section II. Education and Training, and Section III. Facilities and Infrastructure, as requested by Council Member Sweet.  

 

10.          TOWN MANAGER’S REPORT

 

A.           Update on SBC and School Facilities Project

 

B.           Report on Community Paramedic Program

 

 

11.          PUBLIC COMMENTS

 

Rule 10A.  for the conduct of the meetings of the South Kingstown Town Council:  Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President.  The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.

 

12.          COMMUNICATIONS – none  

 

Rule 18:  Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested.  Correspondence relating to personnel issues or personal matters shall not be placed on the agenda.  The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear.  The Town reserves the right to make correspondence public by posting it on the Town Council agenda or otherwise.

 

13.          APPOINTMENTS

 

A.           A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)

 

Rule 11:  No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.

 

Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee from adding additional items to the agenda by majority vote of the members.  Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

 

 

 

Exhibit 1

 

 

PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

 

Article 3. Use Regulations

 

* * *

Sec. 301. Schedule of Use Regulations Table

 

 

Article 5. Supplementary Regulations

 

* * *

ADD:

 

Section 504.18 Accessory Drive-Up Windows for Financial Institutions

 

            A. Drive-thru uses, where permitted, shall meet the following development standards:

 

1.    The minimum lot area shall be no less than 20,000 square feet for a building proposed for a drive-thru window.

 

2.    There shall be adequate off-street parking and loading spaces to serve the proposed use. There must be sufficient on-site stacking areas to accommodate at least two (2) queued vehicles, entering the site waiting to park or approach the order window/order box, and at least three queued vehicles exiting the site.

 

3.    Any accessory drive-thru window(s) shall be properly located within the parking and circulation plan to avoid any effect on off-site vehicular or pedestrian traffic, and in no case shall a drive-thru window be located on any building façade which faces a public street.

 

4.    Vehicular entrances and exits shall be controlled by curbing.

 

5.    All other dimensional and parking requirements for the site and the use shall be met.

 

RIGL § 45-24-42. General provisions — Special-use permits. [Effective January 1, 2024.] (b)(3)

Establish specific and objective criteria for the issuance of each type of use category of special-use permit, which criteria shall be in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance of the city or town; however, in no case shall any specific and objective criteria for a special use permit include a determination of consistency with the comprehensive plan.

 

Article 12. Definitions

 

For reference, Article 12 of the Zoning Ordinance includes the following definition:

 

Drive-up window accessory (Use Code 58). A window or opening in a building or premises where all or a portion of customer service and/or ordering is by means of a drive-through service accessed by motor vehicles. This may be accessory to any use, including, but not limited to, restaurant, fast food restaurant, pharmacy, photo processor, bank or financial institution.

 

 

 

 

Attachment A

 

Boards and Commissions Appointments Report

 

 

The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.

 

Affordable Housing Collaborative Committee (7 members; 3 year term)

Reappointments for terms to expire in August 2024: Amy Crawford, Joshua White Port and Meghann Sparks wish to be reappointed. It is reported that Ms. Crawford and Mr. Port have attended 12 of 12 meetings, and Ms. Sparks has attended 18 of 21 meetings held during their current term (attendance as of 4/23/2024).

Vacancy: one term to expire August 2025 (George Helwig resigned)

Applicant: Darryl Geissler (applied 8/29/2023; interviewed 10/23/2023).

 

Bicycle – Pedestrian Advisory Committee (Minimum 5, maximum 9 members; 2 year term)

Vacancies: five terms to expire in July 2025 (David Hamel and James Vogel did not wish to be reappointed; Christopher Moore resigned; two additional open positions).

Applicant: David R. Stone (applied 7/16/2024)

 

Building Code/Minimum Housing Code Boards of Appeals (5 members; 5 year term)

Vacancy: one term to expire in June 2029 (Paul Schurman did not wish to be reappointed).

 

Conservation Commission (7 members; 3 year term)

Reappointments for terms to expire in September 2024. Margaret Clune wishes to be reappointed. Dennis John Bowman does not wish to be reappointed. It is reported that Ms. Clune has attended 6 of 6 meetings held during her current term (attendance as of 4/23/2024).

 

Economic Development Committee (11 members, 3 year term)

Vacancy: one term to expire in March 2027 (Larry Fish resigned).

 

Historic District Commission (7 members; 3 year term)

Vacancy: one term to expire in December 2026 (Andrew Martinez resigned)

 

Housing Authority (5 members; 5 year term)

Applicants: Lucienne Andrew (applied 10/23/2023; did not attend interview 2/12/2024); Gregory Jones (applied 10/27/2023; interviewed 2/12/2024); Peter Swain (applied 1/12/2024; interviewed 2/12/2024)

 

Library Board of Trustees (7 members; 3 year term)

Reappointment for a term to expire in July 2024: Hilary Carlson wishes to be reappointed (to be interviewed at a future meeting). It is reported that Ms. Carlson has attended 25 of 32 meetings held during her current term (attendance as of 7/15/2024).

Applicants: Lisa Wholey (applied 2/23/2024); David R. Stone (applied 7/16/2024)

 

Planning Board (7 members; 3 year term)

Applicants: William Green (applied 2/12/2024; interviewed 3/11/2024); Michael Christy (applied 3/14/2024; interviewed 4/8/2024)

 

Recreation Commission (5 members; 3 year term)

Applicant: Robert Warren (applied 9/18/2023; interviewed 9/25/2023 and appointed to Library Board of Trustees)

 

Route 1 Stewardship Plan Development Committee (8 members)

Vacancies: Economic Development Committee Ex-Officio Member and public member (Larry Fish does not wish to continue serving; Leslie Chouinard resigned)

Applicant: Rachel Littlefield (applied 6/6/2024)

 

Route 138 Reconstruction Project Area Committee (11 members; 2 year term)

Reappointments for terms expired in May 2023: Susan Spranger Axelrod, Dorald Beasley, Gail Faris, Thomas Marcello and William Rosen wish to be reappointed. Awaiting a response from Diane Johnson.

Vacancies: terms expired in May 2023 (Peter Maynard did not wish to be reappointed; James Garfield, Ex-Officio member of Historic District Commission resigned; and URI representative)

 

Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)

Vacancy: Vietnam Veteran, term expires in January 2025 (Mark Spangler deceased)

 

Statistical Modeling and Analytics Research Tools (SMART) Committee (9 members)

Two vacancies: (Lauren Weinstock and Jonathan E. Daly-LaBelle resigned)

 

Sustainability Committee (7 members)

Vacancy (Mark Kravatz resigned)

 

Waterfront Advisory Commission (7 members; 3 year term)

Reappointment for a term to expire in June 2027: Barry Gross wishes to be reappointed (to be interviewed at a future meeting). It is reported that Mr. Gross has attended 19 of 21 meetings held during his current term (attendance as of 2/8/2024).

 

Zoning Board of Review (5 members, 3 alternates; 3 year term)

Vacancy: Alternate #3 term to expire in March 2027 (William MacDonald promoted to Alt. #2)

Applicants: Robert Fetzer (applied 3/11/2024); Michael Christy (applied 3/14/2024; interviewed 4/8/2024)