TOWN COUNCIL AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

MONDAY, JUNE 24, 2024

 

CLOSED EXECUTIVE SESSION – 6:45 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 6/20/2024

 

1.            CLOSED EXECUTIVE SESSION – 6:45 PM

 

A.        A Closed Executive Session pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to collective bargaining re: International Association of Firefighters (IAFF) Local 3365 AFL-CIO.

 

2.            WORK SESSION – 7:00 PM

 

            A.        Discussion with the Recreation 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 – June 10, 2024

B.        Regular Session – June 10, 2024

C.        Closed Executive Session – A resolution to seal and accept the minutes of the Closed Executive Session held on June 10, 2024 pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to collective bargaining re: International Association of Firefighters (IAFF) Local 3365 AFL-CIO, RI Council 94 AFSCME, AFL-CIO Local 3215, and South Kingstown Municipal Employees Association (SKMEA) local NEARI.

 

6.            CONSENT AGENDA

 

(CA)    A.        A resolution granting Victualling and Holiday Sales Licenses to the following; Renewals:

 

Baked Kingston RI Operators, LLC d/b/a Insomnia Cookies, 99 Fortin Road, Kingston, RI 02881 for license years 2023 and 2024. Application by Lou Smookler, Member. License No. 65535.

 

Lamfong LLC d/b/a Simply Thai, 99 Fortin Road, Kingston, RI 02881. Application by Lamphone Voravongsa, Managing Member. License No. 78821.

 

(CA)    B.        A resolution granting a Victualling License to A&A Sandwich Shop, Inc. d/b/a Subway, 684 Kingstown Road, Wakefield, RI 02879. Application by Khalid Amri, President. Renewal; License No. 59619.

 

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

 

            A.        A resolution granting a Victualling License to Oatslay6 Inc. d/b/a Oatley’s ll, 575 Kingstown Road, Wakefield, RI 02879. Application by Vaughn Oatley, President. New; License No. 84505.

 

8.            PUBLIC HEARING

 

            A.        A Public Hearing relative to adoption of the FY 2024-2025 Position Allocation to Pay Schedule, as shown on Exhibit 1 attached hereto.

 

9.            NEW BUSINESS

 

A.           A resolution formally adopting the FY 2024-2025 Non-Union Employee Benefits Summary as outlined in the Town Council’s FY 2024-2025 Budget adopted April 29, 2024, and as amended herein; as further described in a memorandum from the Deputy Town Manager/DOAS to the Town Manager dated June 14, 2024 and entitled “FY 2024-2025 Non-Union Municipal Personnel Salary and Benefits Adoption.”

 

B.           A resolution authorizing fund transfers, as shown on Exhibit 2 attached hereto; and as further described in a memorandum from the Finance Director to the Town Manager dated June 14, 2024 and entitled “Year End Reserve Fund Transfers.”

 

C.           A resolution authorizing an award of bid for Drainage/ Concrete Curb/ Retaining Wall Materials to the following bidders at the unit prices bid; and as further described in a memorandum from the Public Services Director to the Town Manager dated May 31, 2024 and entitled “Bid Recommendation – Drainage/ Concrete Curb/ Retaining Wall Materials.”

 

 

 

D.           A resolution authorizing an award of bid for miscellaneous road building materials to the following bidders at the unit prices bid; and as further described in a memorandum from the Public Services Director to the Town Manager dated May 31, 2024 and entitled “Bid Recommendation – Road Building Materials.”

 

 

E.            A resolution authorizing an award of bid to Microbac, 61 Louisa Viens Drive, Dayville, CT 06241 for analytical laboratory testing services through June 30, 2025 at the unit prices bid; and as further described in a memorandum from the Public Services Director to the Town Manager dated June 12, 2024 and entitled “Bid Recommendation – Analytical Laboratory Testing Services.”

 

F.            A resolution authorizing the Town Manager to execute a First Amendment Lease Agreement with Cellco Partnership d/b/a Verizon Wireless, One Verizon Way, Mail Stop 4AW100, Basking Ridge, NJ 07920 for antenna placement at the Victoria Lane water tank in accordance with terms of the lease agreement as approved by the Town Solicitor; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated June 17, 2024 and entitled “Verizon – Victoria Lane Water Tower – First Amendment Lease Agreement.”

 

G.           A resolution authorizing the Town Manager to execute a 2^nd Lease Amendment with New Cingular Wireless PCS, LLC (AT&T Mobility Corporation), 1025 Lenox Park Boulevard NE, Third Floor, Atlanta, GA 30319 for antenna placement at the Victoria Lane water tank in accordance with terms of the lease agreement as approved by the Town Solicitor; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated June 18, 2024 and entitled “AT&T – Victoria Lane Water Tower – Second Amendment Lease Agreement.”

 

H.           A resolution authorizing an award of bid to SystemWorks LLC, PO Box 250, Groton, MA 01450 for the annual renewal of Police DTS public safety scheduling software for the period July 1, 2024 to June 30, 2025, at a unit cost of $120 per user for 110 users in an amount not to exceed $13,200, along with the option to renew annually, if it remains in the department’s best interest to do so, and provided the annual user fee does not increase more than 10% over the prior year; and as further described in a memorandum from the Chief of Police to the Town Manager dated June 11, 2024 and entitled "Award Recommendation – Public Safety Scheduling Software – Annual Renewal."

 

I.              A resolution authorizing an award of bid to Frontline Fitness, 380 Jefferson Boulevard, Warwick, RI 02886 for gym equipment/fitness room upgrades, as submitted by bid on June 10, 2024, and in accordance with all bidding specifications, in an amount not to exceed  $13,808, including trade-in allowance; and as further described in a memorandum from the Chief of Police to the Town Manager dated June 11, 2024 and entitled "Bid Recommendation – Gym Equipment/Fitness Room Upgrades - SK0064PD-1."

 

J.            A resolution rejecting a bid submitted on May 17, 2024 by Atlantic Tactical, Inc., 3319 Anvil Place, Raleigh, NC 27603 for ammunition (#SK0064PD); and as further described in a memorandum from the Chief of Police to the Town Manager dated June 17, 2024 and entitled “Bid Recommendation – Ammunition – SK0064PD & SK0065PD.”

 

K.           A resolution authorizing an award of bid #SK0065PD to Eagle Point Gun, 1707 Third Street, Thorofare, NJ 08086 for the purchase of ammunition at the unit prices as submitted by bid on June 14, 2024; unit pricing to be held through May 25, 2025 with the option to extend through June 30, 2026 inclusive, if mutually agreeable to both parties; and as further described in a memorandum from the Chief of Police to the Town Manager dated June 17, 2024 and entitled “Bid Recommendation – Ammunition – SK0064PD & SK0065PD.”

 

L.            A resolution authorizing an award of contract to AA Asbestos Abatement Co., Inc., R-1307 Hartford Avenue, Johnston, RI 02919 for the removal and disposal of asbestos flooring at the Highway Garage per abatement plan as quoted, in an amount not to exceed $16,320; and as further described in a memorandum from the Director of Facilities to the Town Manager dated June 12, 2024 and entitled “Contract Recommendation– Asbestos Abatement.”

 

M.           A resolution authorizing the Town Clerk to advertise by reference for Order of Notice 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 3 attached hereto. Application by People’s Credit Union, 858 West Main Road, Middletown, RI 02842.

 

10.          TOWN MANAGER’S REPORT

 

A.        Update on the School Building Committee and the School Facilities Project.

 

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

 

A.        A communication dated May 22, 2024 from Lori Miller Horton concerning pedestrian safety issues near the Paddy Hill Road neighborhood in Peace Dale is continued from May 28, 2024 for reports from staff, and the Town Council further directs ____________________.

 

B.        An email dated June 13, 2024 from Paul Plotkin tendering his resignation from the Historic District Commission is received, placed on file, and the Town Council further directs _________________________.

 

C.        An email dated June 17, 2024 from Leslie Kennedy tendering her resignation from the Affordable Housing Collaborative Committee is received, placed on file, and the Town Council further directs _________________________.

 

D.        An email dated June 17, 2024 from Dorald Beasley requesting the Town Council consider seeking a Town Charter amendment relative to the method by which vacancies on the School Committee are filled is received, placed on file, and the Town Council further directs _________________________.

 

E.         An email dated June 18, 2024 from Carolyn Maxwell requesting wheelchair access at Old Mountain Field is received, placed on file, and the Town Council further directs _________________________.

 

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

 

Non-Union Employees Position Allocation to Pay Schedule FY 2024-2025

1.  The Community Learning Center Coordinator is a new position created to fulfill the Town's commitment to actively program and manage the new community learning center (CLC) which will be built in 2025 with $2.52M in grant funding provided through the State of Rhode Island Pandemic Recovery Office. 

2.   A new Deputy Building Official position has been created with an expanded supervisory role to manage staff and serve in the capacity of the Building Official in their absence. The current Building Inspector position (NEA Grade 10) has not been included in the FY 2024-2025 budget.

3. The Tax Collector position has been reclassified based on a compensation study which revealed that this position was undercompensated. Compensation has been adjusted from a Grade 12 to a Grade 13 to ensure this position remains competitive with other similar positions in competing municipalities.

4.  The Water Superintendent position has been reclassified based on a compensation study which revealed that this position was undercompensated. Compensation has been adjusted from a Grade 12 to a Grade 13 to ensure this position remains competitive with other similar positions in competing municipalities.

5.  A new Deputy Planning Director position has been created with an expanded supervisory role to manage staff and serve in the capacity of the Planning Director in their absence. The current Senior Planner position (NEA Grade 12) has not been included in the FY 2024-2025 budget.

6.  The Library Director position has been reclassified from a Grade 13 to a Grade 14 in consideration of new job duties and responsibilities they have been assigned to manage the new community learning center (CLC).  New responsibilities include developing CLC programming, community coordination, additional staff management, and other related items. 

 

 

 

 

Exhibit 2

 

Reserve Fund Transfers from General Fund

 

BE IT RESOLVED that program balances identified below in the 2023-2024 fiscal year appropriations for General Fund (101) shall be transferred to the following Reserve Funds in the corresponding not-to-exceed amounts:

 

 

 

 

FURTHER RESOLVED: That the Town Finance Director, with the advice and consent of the Town Council, is hereby permitted to invest the funds at any time in said savings accounts or certificates of deposit of commercial or savings banks, or trust companies, or in obligations of the United States or its agencies, or in any other short-term investment as would be made by prudent persons of discretion and intelligence.

 

FURTHER RESOLVED: That the Town Council is hereby authorized to use the total funds, or such part thereof of said Reserve Funds, for capital expenditures as may be voted by the Town Council.

 

 

 

 

Exhibit 3

 

PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

 

Article 3. Use Regulations

 

* * *

Sec. 301. Schedule of Use Regulations Table

 

Use Code

Use

R200

R80

R40

R30

R20

R10

RM

MU

CN

CD

CH

COD- R MOD- R

Notes

58

Accessory Drive-Up Window

N

N

N

N

N

N

N

N

N

N

N S*

N

*Financial Institutions Only See 504.18 for specific criteria/Development Standards

 

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 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).

 

Assessment Board of Review (3 members, 1 alternate; 3 year term)

Reappointment for a term expired January 2024: David Baud wishes to be reappointed. It is reported that Mr. Baud has attended 10 of 15 meetings held during his current term (attendance as of 12/4/2023).

 

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

Reappointment for a term to expire June 2024: Paul Schurman does not wish to be reappointed.

 

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

Vacancies: four terms expired July 2023 (David Hamel and James Vogel did not wish to be reappointed; Christopher Moore resigned; one open position).

 

Conservation Commission (7 members; 3 year term)

Reappointments for terms to expire 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)

Vacancies: two terms to expire March 2027 (John McGinn did not wish to be reappointed; Larry Fish resigned).

Applicant: Randy David Apuzzo (applied 4/3/2024)

 

Historic District Commission (7 members; 3 year term)

Vacancy: term to expire 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)

Reappointments for terms to expire July 2024: Hilary Carlson and Timothy Murphy wish to be reappointed. It is reported that Ms. Carlson has attended 50 and Mr. Murphy has attended 59 of 60 meetings held during their current term (as of 4/23/2024).

Applicant: Lisa Wholey (applied 2/23/2024)

 

 

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 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)

 

Trustees of the South Kingstown School Funds (5 members; 5 year term)

Reappointment for a term to expire June 2024: Terrence Simpson wishes to be reappointed.

 

Waterfront Advisory Commission (7 members; 3 year term)

Reappointments for terms to expire June 2024: Barry Gross and Nathaniel Merrill wish to be reappointed. It is reported that Mr. Gross has attended 19 of 21 meetings and Mr. Merrill has attended 17 of 20 meetings held during their current term (attendance as of 2/8/2024).

 

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

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