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TOWN COUNCIL AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

MONDAY, MARCH 24, 2025

 

CLOSED EXECUTIVE SESSION – 6:00 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

Jay G. Wegimont

 

James M. Manni, Town Manager

Michael A. Ursillo, Esquire, Town Solicitor

Nichole C. Romane, 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 3/20/2025

 

1.            CLOSED EXECUTIVE SESSION – 6:00 PM

 

A.        A Closed Executive Session pursuant to RIGL §42-46-5(a)(2) to discuss and/or act upon matters pertaining to litigation regarding: PC-2023-03895 Roy Carpenter’s Beach Association, et al., v. SK Tax Assessor (tax appeal) and short-term rental registration, and 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.            WORK SESSION – 7:00 PM Video

Discussion regarding Town Council Goals and Objectives for the 2024-2026 Term, continued from March 10, 2025.

 

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

 

3.            REGULAR SESSION – 7:30 PM Video

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 Video

 

5.            APPROVAL OF MINUTES OF PREVIOUS MEETINGS Video

 

            A.        Work Session – January 13 and January 27, 2025

             

B.        Regular Session – January 13 and January 27, 2025

 

C.        Closed Executive Session – January 13 and January 27, 2025

 

6.            CONSENT AGENDA Video

 

(CA)    A.        A resolution granting Victualling and Holiday Sales Licenses to Kingston Mart d/b/a Kingston Mart, 100 Fortin Road, Kingston, RI 02881. Application by Mohamed Hsaine, Owner. Renewal; License No. 66454.

 

(CA)    B.        A resolution authorizing the Town Assessor to abate taxes in the amount of $1,758.58, as shown on Tax Abatement Request No. 646.

 

(CA)    C.        A resolution authorizing an award of contract to Gooseberry Dockbuilding LLC, 392F Gooseberry Road, Snug Harbor, RI, for the repair of the floating dock and removal of the stone pile at the Marina Park Boat Ramp, in an amount not to exceed $9,750, as further described in a memorandum from the Harbormaster/NRO to the Town Manager dated March 19, 2025, and entitled “Marina Park Boat Ramp Repairs.”

 

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 Video

 

A.        A resolution granting a Temporary Mass Gathering permit to Sons of Liberty, 1425 Kingstown Road, Wakefield, RI 02879 to hold the NE Plant Expo on March 29, 2025, from 12 PM to 5 PM. Application by Paul Baptista, Event Coordinator. License TMG-25-1.

 

B.        A resolution granting a Miscellaneous Permit to the National MS Society, 1111 Cromwell Avenue, Bldg. 3, Suite 302C Fairfield, CT 06067 to conduct a portion of the Bike MS: Ride the Rhode in South Kingstown on Saturday, June 7, 2025 from 8 AM to 4 PM and June 8,2025 from 7:30 AM to 1 PM subject to the execution of a hold harmless agreement indemnifying the Town. Application by Paul Nevill, Senior Manager, Event Production. License No. 87936.

 

C.        A resolution granting a Laundry License to LaundryMatters, LLC d/b/a Laundry Matters, 100 Fortin Road, Kingston, RI 02881. Application by Catherine Wright, Owner. New; License No. 87345.

 

8.            PUBLIC COMMENTS – 30 Minutes Video

 

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.

 

 

9.            PUBLIC HEARING - None

 

10.          NEW BUSINESS

 

A.           A resolution, continued from February 24, 2025, authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, Article II Unruly Gatherings, as shown on Exhibit 1 attached hereto. Video

 

B.           A resolution amending the Town’s Schedule of Fees establishing a Significant Industrial User Fee and revising the Industrial User Fee as follows and as further described in a memorandum from the Public Services Director to the Town Manager dated March 14, 2025, and entitled “Industrial User Fees”: Video

 

Significant Industrial User       $ 1,000/year

 

Industrial User                         $ 1,000/year $ 500/year

 

C.           A resolution authorizing an award of bid to South County Umpires Association, 134 Sir Michael Circle, West Kingston, RI, for a two-year contract for Umpire Services from April 1, 2025 through November 30, 2026, in accordance with all bidding specifications, for the per game pricing structure of $78 for two officials/$55 for one official; with an option to extend an additional two years as bid, and as further described in a memorandum from the Leisure Services Director to the Town Manager dated March 17, 2025 and entitled “Recommendation for bid award – Umpire Services.” Video

 

D.           A resolution requesting the General Assembly to amend the Rhode Island school funding formula to include transportation costs in determining state aid allocations, as requested by Council Member Bergner. Video

 

E.            A resolution requesting the Garden of Hope be expanded to include several additional raised garden beds, as requested by Council Member Alley. Video

 

11.          PUBLIC COMMENTS – Continued Video

 

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.          TOWN MANAGER’S REPORT Video

 

A.           Update on SBC and School Facilities Project

 

13.          COMMUNICATIONS

 

            A.        An email dated March 13, 2025 from Pam Woo, Frontline Impact Project, Lubetzky Family Foundation requesting a proclamation recognizing May 2025 as Frontline Worker Appreciation Month is received, placed on file, and the Town Council further directs                              . Video

 

            B.        An email dated March 17, 2025 from Sharon Henderson requesting a proclamation recognizing March 25, 2025 as National Medal of Honor Day and display National Medal of Honor Day banners on Main Street is received, placed on file, and the Town Council further directs                              . Video

 

 

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.

 

 

14.          APPOINTMENTS Video

 

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

 

B.           A resolution appointing ____________________________ to serve on the South Kingstown USA 250th Ad-Hoc Committee.

 

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 TOWN CODE

CHAPTER 12, OFFENSES AND MISCELLANEOUS PROVISIONS

ARTICLE II – UNRULY GATHERINGS

* * *

Sec. 12-31. - Definitions.

For purposes of this article, the following terms shall have the meanings ascribed to them by this section:

Landlord effective period means a period beginning on the date of notice of violation and ending three (3) years from that date.

Persons liable means all of the following:

(1) Any person who owns or manages property on which a public nuisance occurs.

(2) Any person who organizes, hosts, sponsors, permits, or suffers the occurrence of an event constituting a public nuisance.

Public nuisance means a gathering of five (5) _____ (#) or more persons between the hours of 10:00 p.m. and 6:00 a.m. on any public or private property where conduct occurs that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to minors, illegal drug use, fights, disturbance of the peace, littering, or any other conduct that constitutes a violation of law or ordinances.

Tenant effective period means a period

(1)  Beginning June 1st and ending August 31st of a given year; or

(2)  Beginning September 1st of a given year and ending May 31st of the next year.

 

Sec. 12-32. - Prohibitions.

(a) No person shall conduct, organize, sponsor, host, permit, or suffer to occur an event constituting a public nuisance.

(b) The South Kingstown Police may abate a public nuisance by all reasonable means, including issuing an order requiring the gathering to be disbanded, issuing a citation to any violators, and arresting any violators under any applicable ordinance or state statute.

(c) Nothing in this article shall be construed to hold liable any resident of property who was

(1) Unaware of the public nuisance and

(2) Was not in attendance on the premises during the public nuisance.

(d) Nothing in this article shall be construed to hold liable an owner, resident, sponsor, or organizer for the conduct of persons who are present without the express or implied consent of the owner, resident, sponsor, or organizer, provided that the owner, resident, sponsor, or organizer has taken all steps reasonably necessary to exclude such persons from the premises.

Sec. 12-33. - Sanctions.

(a) For the first occurrence of a public nuisance, the persons liable shall be provided notice in the manner set forth below.

(b) The owner or manager of the premises shall be fined in the amount of two hundred fifty dollars ($250.00) for a second occurrence of a public nuisance, and five hundred dollars ($500.00) for the third and any subsequent occurrence of a public nuisance on the same premises within a landlord effective period.

(c) Any person who violates section 12-32(a) but is not an owner or manager of the offending premises shall be fined in the amount of two hundred fifty dollars ($250.00) for a second occurrence of a public nuisance, and five hundred dollars ($500.00) for the third and any subsequent occurrence of a public nuisance on the same premises within a tenant effective period.

Sec. 12-34. - Notice

(a) The South Kingstown Police Department shall furnish the premises with a notice when it intervenes at a public nuisance. The notice shall contain a statement which sufficiently informs the reader of the following information: (i) that the intervention of the police was necessitated as a result of a public nuisance under this article, (ii) the date of the police intervention, and (iii) that any subsequent public nuisance within a landlord effective period or a tenant effective period shall result in the liability of any violator for the amount set forth in section 12-33(b).

(b) The South Kingstown Police Department shall send via regular and certified mail notice to (i) the owner or owners of the property upon which a public nuisance occurs, and (ii) the resident or residents of the property upon which a public nuisance occurs. The contents of the statement shall be substantially similar to the notice required in subsection (a).

Sec. 12-35. - Right to contest penalty.

(a) Any person fined under section 12-32 or provided notice under section 12-33 may contest the issuance of the fine or notice by filing a written petition for review with the town manager requesting that the town manager determine whether justification existed for issuing the fine or notice. The petition shall not be filed (i) later than ten (10) days after the issuance of the notice or, (ii) if the notice is given by mail, no later than fifteen (15) days after the date of the mailing of the notice.

(b) The town manager shall set a time and date for a hearing which shall be held no later than thirty (30) days after receipt of the written petition and shall notify the petitioner and the solicitor's office of the hearing date.

*   *   *

This Ordinance shall take effect upon passage.

 

 

 

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)

Applicant: Brian Smith (applied 1/10/2025; interviewed 1/27/2025).

 

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

Vacancies: three 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).

 

Canvassing Authority (3 members, 2 alternates; 6 year term)

Reappointments for terms to expire March 2025: John Rose wishes to be reappointed. Awaiting responses from Helen Rose DiSanto, Roland Benjamin, and Margaret Healy.

 

Conservation Commission (7 members; 3 year term)

Vacancies: one term to expire September 2027 (Margaret Clune did not wish to be reappointed).

 

Economic Development Committee (11 members, 3 year term)

Reappointment for a term to expire March 2025: Kenneth Tetzner wishes to be reappointed. Brian Smith and Henry Thayer do not wish to be reappointed. It is reported that Mr. Tetzner has attended 9 of 27 meetings held during their current term (attendance as of 11/5/2024).

 

Historic District Commission (7 members; 3 year term)

Vacancies (3): one term to expire in December 2026 and two terms to expire December 2027 (Andrew Martinez resigned, and Linda Stedman and David Nedwidek did not wish to be reappointed)

 

Housing Authority (5 members; 5 year term)

Vacancy: Affordable Housing Resident term expires October 2029 (Susana Vazquez McCoy was no longer eligible)

 

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

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

 

Route 1 Stewardship Plan Development Committee (8 members)

Vacancy: Economic Development Committee Ex-Officio Member (Larry Fish resigned)

Applicants: Jenn Judge (applied 9/30/2024); William Green (applied 10/1/2024); Maureen White (applied 10/8/2024).

 

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)

Reappointments for terms to expire January 2025: Stephen Stewart and Richard Pike wish to be reappointed. Awaiting responses from Thomas Browning and Judith Ann Munson.

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)

 

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

Vacancies: Alternate # 2 term to expire March 2026 and Alternate #3 term to expire in March 2027 (Brian Dupont deceased; William MacDonald promoted to Alt. #1)

 

 

 

 

 


Attachment B - Upcoming Meetings Report

 

Monday

March 24, 2025

6:00pm

7:00pm

7:30pm

Town Council Closed Exec Session

Work Session

Regular Sessions

Council Chambers

 

 

 

 

 

Tuesday

March 25, 2025

6:30pm

Planning Board

Council Chambers

 

 

 

 

 

Thursday

March 27, 2025

7:00pm

Affordable Housing Collaborative Committee

Council Chambers

 

 

 

 

 

Tuesday

April 1, 2025

6:00pm

Conservation Commission

Council Chambers

 

 

 

 

 

Wednesday

April 2, 2025

6:00pm

Economic Development Committee

Neighborhood Guild

 

 

 

 

 

Thursday

April 3, 2025

6:00pm

School Building Committee

Council Chambers

 

 

 

 

 

Thursday

April 3, 2025

7:00pm

Waterfront Advisory Commission

Neighborhood Guild

 

 

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