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WORK SESSION

 

MAY 10, 2021

 

At a WORK SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island held via video- and tele-conference, in and for said Town on the 10th day of May 2021 at 6:30 PM.

 

            PRESENT:     Abel G. Collins, President

Rory H. McEntee, Vice President

                                    Deborah D. Bergner

                                    Deborah J. Kelso

                                    Jessica L. Rose

 

 

1.         A.        INTERVIEWS Video

 

The Town Council interviews the following applicants concerning their interest in serving on the School Building Committee:

 

Thomas Routliffe

Douglas Bates

C. Gregory Sweet                       

Joseph Short

Christopher Roman

Charles J. Brown

Jacy A. Northup

 

1.         B.        WORK SESSION

 

Discussion ensues relative to not making appointments to the School Building Committee this evening.

 

Discussion ensues relative to New Business Item 12E relative to permitting Hanson’s Pub, LLC d/b/a 210 Oyster Bar, and Andrew Bilodeau, Managing Member, as leaseholder of Town property located at 210 Salt Pond Road, to replace the existing deck on the southerly side of the building and to construct a second level outdoor deck.

 

Discussion ensues relative to New Business Item 12D authorizing the expansion of the existing part-time Harbormaster position to a full time Natural Resource Officer & Harbormaster position.

 

Discussion ensues relative to the Public Hearings on this evening’s Agenda to consider proposed amendments to the Town Code, Chapter 14 Planning, Article I. In General, Section 14-2 Affordable housing fund, and to Chapter 17 Taxation that would add a new Article VII. Property Tax Relief for the Creation of New Accessory Dwelling Units for Low and Moderate Income Individuals.

 

Convened to Regular Session.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

 

 

 

 

 

REGULAR SESSION

 

MAY 10, 2021

 

At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held via video- and tele-conference, in and for said Town on the 10th day of May 2021 at 7:30 PM.

 

            PRESENT:     Abel G. Collins, President

Rory H. McEntee, Vice President

                                    Deborah D. Bergner

                                    Deborah J. Kelso

                                    Jessica L. Rose

 

 

1.         C.        REGULAR SESSION

 

2.         PLEDGE OF ALLEGIANCE TO THE FLAG Video

 

The Pledge of Allegiance to the flag is given.

 

3.         ROLL CALL

 

Roll Call is taken and all members are present.

 

Council President Collins reviews the access and call-in procedures for the public to view and/or participate in this evening’s virtual meeting.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS Video

 

A.        Work Sessions:  UNANIMOUSLY VOTED: that the minutes of the Work Session held on April 19 and April 26, 2021 are accepted, approved and place on file.  

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on April 26, 2021 are accepted, approved and place on file.

 

5.         CONSENT AGENDA Video

 

UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.

 

6.         LICENSES

 

(CA)    6A.      UNANIMOUSLY VOTED: to grant a Victualing License to The Boss Thai Restaurant, 682 Kingstown Road, Wakefield, RI 02879.  Application by Kunniga Rittipa, Owner; Renewal. License No. 62302.

 

(CA)    6B.      UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Bru R.I. LLC d/b/a Bru R.I. Coffee Bar, 56 Fortin Road, Kingston, RI 02881.  Application by Jason August, Member; Renewals. License No. 66430.

 

(CA)    6C.      UNANIMOUSLY VOTED: to grant a Private Detective License to Hill Investigations, LLC d/b/a Hill Investigations, 96 Parsons Lane, West Kingston, RI 02892.  Application by Kimberly Hill; Renewal. License No. 62049.

 

(CA)    8A.      UNANIMOUSLY VOTED: that an email dated April 26, 2021 from David and Rosemary Smith providing South County Bike Path Update #44 regarding the installation of a kiosk at the Narragansett entrance of the South County Bike Path is received and placed on file.

 

(CA)    8B.      UNANIMOUSLY VOTED: that an email dated April 26, 2021 from Stephen Dahl opposing expenditures for wireless devices and infrastructure for the Town and Schools is received and placed on file.

 

(CA)    8D.      UNANIMOUSLY VOTED: that a resolution adopted April 28, 2021 by the Burrillville Town Council supporting a request to waive the local maintenance of effort requirement for schools is received and placed on file.

 

(CA)    8F.       UNANIMOUSLY VOTED: that emails from Joslin Leasca, Keith Wahl, Lou Chrostowski, Mary-Kathleen Whitten, Ira Whitten, Michelle Flippin, Paula Bradley, Tara Schold and Tom Hogan concerning the AFL-CIO mailer and potential FERPA violations are received and placed on file.

 

(CA)    8G.      UNANIMOUSLY VOTED: that an email dated April 30, 2021 from Brian A. Caufield, Project Manager, CDM Smith concerning FEMA Coastal Erosion Field Reconnaissance in Washington County is received and placed on file.

 

(CA)    8H.      UNANIMOUSLY VOTED: that an email dated May 3, 2021 from Christina Rose, Coordinator, National Day of Prayer Task Force advising of a special prayer observance to be held on May 6th is received and placed on file.

 

(CA)    8J.       UNANIMOUSLY VOTED: that an email dated May 5, 2021 from Stephanie Canter concerning future school facility planning is received and placed on file. 

 

(CA)    8K.      UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with 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.”

 

(CA)    12A.    UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $739.71, as shown on Tax Abatement Request No. 585.

 

(CA)    12H.    UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with 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.”

 


 

7.         PUBLIC HEARINGS

 

A.        Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 14 Planning, Article I. In General, Section 14-2 Affordable housing fund, as follows: Video

 

Sec. 14-2. Affordable housing fund.

(a)  Legislative findings.

(1)  Whereas there is a shortage of affordable and accessible housing in the Town of South Kingstown, as documented by the Town of South Kingstown Comprehensive Community Plan (the “Comprehensive Plan”); and more specifically its affordable housing production plan;

(2)  Whereas revenues, real property, and land may be received by the town through fees paid in-lieu of development and other contributions received under the Town of South Kingstown Inclusionary Zoning Ordinance (Section 502.6);

(2)  Whereas revenues, real property, and land may be received by the town through contributions from individuals, town appropriations or charitable organizations for the development of affordable housing;

(3)  Therefore, the Town of South Kingstown hereby establishes an aAffordable hHousing fFund to encourage a range of affordable housing choices so that the town can continue to be home to a vital mix of people with a wide variety of income levels.

(b)  Statement of purpose. To establish the South Kingstown Affordable Housing Fund (Fund) to: act as a source for funding of affordable housing development in the town; to increase the resources available to create and preserve affordable housing that will help meet the ten (10) percent affordable housing goal set for the town bystate’s goal of ensuring that ten percent (10%) of the town’s housing is affordable for low and moderate income (“LMI”) households, as required by the State Rhode Island Low and Moderate Income Housing Act, RIGL §45-53-3(4); to revitalize South Kingstown's neighborhoods,; to implement the town's cComprehensive community pPlan and more specifically its affordable housing production plan; and to assist the town to leverage additional outside resources which may be used to provide affordable housing.

(c)  Establishment of the affordable housing fund. The fFund shall hereby be established by the town as a separate segregated account under the name of the South Kingstown Affordable Housing Fund, held and awarded by the town only for the implementation of those items established in this statement of purpose. The fFund shall be administered by the South Kingstown Finance Department.

(d)  Administration of the affordable housing fund. The South Kingstown Planning Department shall staff and provide general administration of expenditures to the fFund. Overall financial management of the fund shall reside with the South Kingstown Finance Department.

(e)  Oversight. The aAffordable hHousing cCollaborative shall act as the advisory board for the fFund. The aAffordable hHousing cCollaborative will recommend projects to the town manager during the application process. The town manager may recommend projects to the town council. The town council will make all final funding decisions and disposition or of other assets held by the fund, except for applications for predevelopment funds of seven thousand five hundred dollars ($7,500.00) or less. Predevelopment requests are generally more time-sensitive in nature, so they call for an expedited approval process. Therefore, the town manager may award pre-development funds of seven thousand five hundred dollars ($7,500.00) or less. The aAffordable hHousing cCollaborative will make recommendations to the town manager on pre-development applications of seven thousand five hundred dollars ($7,500.00) or less.

(f)  Suitable contributions. The fFund may accept:

(1)  Revenue from all fees paid in-lieu of development and any other contributions received under the Town of South Kingstown Inclusionary Zoning Ordinance (Section 502.6).directed to the Fund by Town Ordinance or state or federal law.

(2)  Contributions from individuals, corporations, charitable or other organizations that are dedicated to and intended for the support of the production of affordable housing development in South Kingstown.

(3)  Donations of land or real property appropriate to the development of affordable housing, on behalf of the Town of South Kingstown. The Town of South Kingstown would hold the title on the land or property until such time as an award or transferal is made pursuant to sub-section 14-2(gk), below.

(4)  Resources appropriated by the town or any other governmental entity.

The fFund, on behalf of the town, shall have the ability to hold land or real property for subsequent award, sale, or other disposition for the purpose of producing affordable housing.

Any assets remaining in the fFund at the end of any fiscal year shall be carried into the next fiscal year, including any land or real property, all interest and income earned, as well as any repayments or forfeitures of loans and grants.

(g)  Application.  Applications for awards from the Fund shall be submitted to the Planning Department and reviewed by the Affordable Housing Collaborative.  Applications shall be made on forms prepared by the Planning Department, including: shall include:

(1)  An application form;

(2)  An attestation from the applicant, supported by appropriate documentation, that the project would not otherwise be able to proceed without the requested support;

(3)  In the case of all for-profit development projects, evidence that the award will result in more affordable housing than would otherwise be required/provided by the town’s inclusionary zoning requirements or the state’s comprehensive permit procedures under RIGL § 45-53-4.

(h)  Review & Recommendation. The Affordable Housing Collaborative shall review applications for awards during a public meeting and vote on a recommendation to the Town Manager. In making its recommendation, the Affordable Housing Collaborative shall consider the following factors:

(1)  The project’s consistency with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing;

(2)  The amount sought relative to: the financial status of the Fund, the overall cost of the project; and the number of LMI housing units to be created;

(3)  The experience of the developer in building affordable housing projects relative to the size and complexity of the proposed project;

(4)  Whether competing project proposals would make better use of Fund resources;

(5)  Project location relative to walkable public transit, stores, services, employment and amenities;

(6)  The needs of the town in terms of affordable rental units and ownership units;

(7)  The degree to which a project is benefitting from or could benefit from other LMI housing programs;

(8)  Such other specific considerations as the Affordable Housing Collaborative deems relevant to the furtherance of the town's goals and policies pertaining to the production of affordable housing.

(g)(i)          Awards.  Awards will be made only to projects that are determined to be consistent with the goals and policies of the town's affordable housing production plan. housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing, All monetary awards will be made in the form of a grant or loan. For awards of land or real property, the town will issue a request for proposal. Non-profit community development corporations, non-profit housing development organizations (including the South Kingstown Public Housing Authority and affiliated organizations), and for-profit housing developers are eligible recipients for awards. Awards may be made to projects and that contribute to achieving, maintaining, or exceeding the town's goal of ten (10) percent affordable housing as defined by the Rhode Island Low-Moderate Income Housing Act (Ch. 45-53) which defines affordable housing the goal of insuring that ten percent (10%) of the town’s housing stock is affordable to LMI households. “Low or moderate income housing” is defined as federal, state or locally subsidized housing provided to to low or moderate income LMI households as defined in applicablepursuant to federal or state statute, or local ordinance and that will remain affordable for not less than thirty (30) years. (RIGL § 45-53-3(9)). In the case of real property or land being awarded, the property or land must remain affordable In cases where an award includes the conveyance of real property owned by the town, the property shall remain dedicated for LMI housing purposes in perpetuity. Awards may be made for developments that provide affordable either home ownership and/or rental opportunities to low- and moderate- income families in South Kingstown. Funded developments may consist ofinclude either new construction of affordable housing or the rehabilitation of existing structures, provided that new affordable units result. the construction or rehabilitation increases the number of LMI housing units in the town of South Kingstown. Awards may also be made for predevelopment costs provided that the resulting development will contribute to achieving the town's goal of ten (10) percent affordable housing as defined by the Rhode Island Low-Moderate Income Housing Act (Ch. 45-53).

(j)   Monetary Awards. Non-profit community development corporations, non-profit housing development organizations (including the South Kingstown Housing Authority and affiliated organizations), for-profit housing developers and owners of property in South Kingstown where LMI housing is proposed for development are eligible recipients for awards as outlined below. All monetary awards are subject to the availability of monies in the Fund.

(1)  Construction costs:  All eligible developers may apply for loans or grants for costs related to construction or rehabilitation work that results in the creation of new, additional, LMI housing units in the Town of South Kingstown.

(2)  Predevelopment costs.  Non-profit housing developers (including the South Kingstown Housing Authority) may apply for awards for predevelopment costs for projects that create new LMI housing units.  Awards may be made in the form of grants or loans for expenses including, but not limited to: appraisals, Phase I and II Site Assessments, architecture and engineering (A&E) for Conceptual Master Plan review, legal and title review, initial engagement fees for Certified Monitoring Agents and other costs deemed necessary by the Affordable Housing Collaborative to move projects forward. If the total predevelopment costs of a project is within the means of the Fund, 100% of the required funding may be so provided. (Note: South Kingstown acknowledges that Fair Housing laws govern the occupancy of any units created in whole or in part with Fund dollars.)

(3)  ADUs & Accessory apartments.  South Kingstown residents may apply for monetary awards from the Fund for costs relating to the creation of accessory apartments on their properties that are deed-restricted as affordable dwelling units.  Eligible expenses include predevelopment design costs, construction costs or costs associated with the engagement of a Certified Monitoring Agent.

(4)  Form of monetary awards.  All awards shall be in the form of forgivable loans.  Loans will be forgiven if the owner records a legal deed restriction limiting occupancy of the dwelling unit to LMI individuals for a period of not less than thirty (30) years in accordance with state law prior to the issuance of a certificate of occupancy by the Building Inspector.  All loans shall accrue interest at a rate of six percent (6 %) per annum from the date the loan is given.  Where a deed restriction is recorded and a certificate of occupancy is issued within eighteen (18) months of the issuance of the loan, the loan and all accrued interest will be forgiven. Where no deed restriction is recorded, loans shall automatically become due and payable upon either the issuance of a certificate of occupancy or, where no certificate of occupancy is issued, eighteen (18) months from the issuance of the loan, whichever occurs first. Following the issuance of a certificate of occupancy, the property owner shall have one (1) year within which to petition the Affordable Housing Collaborative to forgive the loan upon a showing of good cause in exchange for recording the required deed restriction limiting occupancy of the dwelling unit to a LMI household for a period of not less than thirty (30) years.

(k)  Non-Monetary Awards.  Applications for awards of land or real property to support LMI housing production will be solicited through a formal request-for-proposals issued by the town and will only be awarded to projects that are consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing.

(l)   Other awards:  The Affordable Housing Collaborative may consider such other requests for financial support from the Fund as it deems reasonable and likely to increase the supply of LMI housing in South Kingstown and consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing.  Such requests shall be submitted to the Affordable Housing Collaborative via a written application detailing the nature and extent of the project and the type, number, size and location of the new LMI housing units to be created by the project.

Brian Wagner, Senior Planner gives a presentation and discusses the basis for judging applications, using a scoring plan to justify the choice of projects.

 

Discussion ensues relative to an award limit of $7,500 for administrative approval, rolling deadlines, funding through the real estate conveyance taxes, and evaluation policy.

 

Discussion ensues relative to adding a two-year sunset provision to the ordinance, and it is

 

UNANIMOUSLY VOTED: to add a sunset date of May 1, 2023 to the Town Code, Chapter 14 Planning, Article I. In General, Section 14-2 Affordable housing fund ordinance.

 

A motion is made by Councilwoman Bergner to reduce the amount of awards to $5,000 or less without requiring Town Council approval, and seconded by Council Vice President McEntee for discussion. Discussion ensues, and the motion fails by a vote of 4 to 1. Councilors Kelso, Rose, McEntee and Collins voted against.

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 14 Planning, Article I. In General, Section 14-2 Affordable housing fund, as amended, as follows.

 

******

Sec. 14-2. Affordable housing fund.

(a)  Legislative findings.

(1)  Whereas there is a shortage of affordable and accessible housing in the Town of South Kingstown, as documented by the Town of South Kingstown Comprehensive Community Plan (the “Comprehensive Plan”);

(2)  Whereas revenues, real property, and land may be received by the town through contributions from individuals, town appropriations or charitable organizations for the development of affordable housing;

(3)  Therefore, the Town of South Kingstown hereby establishes an Affordable Housing Fund to encourage a range of affordable housing choices so that the town can continue to be home to a vital mix of people with a wide variety of income levels.

(b)  Statement of purpose. To establish the South Kingstown Affordable Housing Fund (Fund) to: act as a source for funding of affordable housing development in the town; to increase the resources available to create and preserve affordable housing that will help meet the state’s goal of ensuring that ten percent (10%) of the town’s housing is affordable for low and moderate income (“LMI”) households, as required by the Rhode Island Low and Moderate Income Housing Act, RIGL §45-53-3(4); to revitalize South Kingstown's neighborhoods; to implement the town's Comprehensive Plan and more specifically its affordable housing production plan; and to assist the town to leverage additional outside resources which may be used to provide affordable housing.

(c)  Establishment of the affordable housing fund. The Fund shall hereby be established by the town as a separate segregated account under the name of the South Kingstown Affordable Housing Fund, held and awarded by the town only for the implementation of those items established in this statement of purpose. The Fund shall be administered by the South Kingstown Finance Department.

(d)  Administration of the affordable housing fund. The South Kingstown Planning Department shall staff and provide general administration of expenditures to the Fund. Overall financial management of the fund shall reside with the South Kingstown Finance Department.

(e)  Oversight. The Affordable Housing Collaborative shall act as the advisory board for the Fund. The Affordable Housing Collaborative will recommend projects to the town manager during the application process. The town manager may recommend projects to the town council. The town council will make all final funding decisions and disposition of other assets held by the fund, except for applications for predevelopment funds of seven thousand five hundred dollars ($7,500.00) or less. Predevelopment requests are generally more time-sensitive in nature, so they call for an expedited approval process. Therefore, the town manager may award predevelopment funds of seven thousand five hundred dollars ($7,500.00) or less. The Affordable Housing Collaborative will make recommendations to the town manager on predevelopment applications of seven thousand five hundred dollars ($7,500.00) or less.

(f)  Suitable contributions. The Fund may accept:

(1)  Revenue from contributions directed to the Fund by Town Ordinance or state or federal law.

(2)  Contributions from individuals, corporations, charitable or other organizations that are dedicated to and intended for the support of the production of affordable housing development in South Kingstown.

(3)  Donations of land or real property appropriate to the development of affordable housing, on behalf of the Town of South Kingstown. The Town of South Kingstown would hold the title on the land or property until such time as an award or transferal is made pursuant to sub-section 2(k), below.

(4)  Resources appropriated by the town or any other governmental entity.

The Fund, on behalf of the town, shall have the ability to hold land or real property for subsequent award, sale, or other disposition for the purpose of producing affordable housing.

Any assets remaining in the Fund at the end of any fiscal year shall be carried into the next fiscal year, including any land or real property, all interest and income earned, as well as any repayments or forfeitures of loans and grants.

(g)  Application.  Applications for awards from the Fund shall be submitted to the Planning Department and reviewed by the Affordable Housing Collaborative.  Applications shall be made on forms prepared by the Planning Department, including: shall include:

(1)  An application form;

(2)  An attestation from the applicant, supported by appropriate documentation, that the project would not otherwise be able to proceed without the requested support;

(3)  In the case of all for-profit development projects, evidence that the award will result in more affordable housing than would otherwise be required/provided by the town’s inclusionary zoning requirements or the state’s comprehensive permit procedures under RIGL § 45-53-4.

(h)  Review & Recommendation. The Affordable Housing Collaborative shall review applications for awards during a public meeting and vote on a recommendation to the Town Manager. In making its recommendation, the Affordable Housing Collaborative shall consider the following factors:

(1)  The project’s consistency with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing;

(2)  The amount sought relative to: the financial status of the Fund, the overall cost of the project; and the number of LMI housing units to be created;

(3)  The experience of the developer in building affordable housing projects relative to the size and complexity of the proposed project;

(4)  Whether competing project proposals would make better use of Fund resources;

(5)  Project location relative to walkable public transit, stores, services, employment and amenities;

(6)  The needs of the town in terms of affordable rental units and ownership units;

(7)  The degree to which a project is benefitting from or could benefit from other LMI housing programs;

(8)  Such other specific considerations as the Affordable Housing Collaborative deems relevant to the furtherance of the town's goals and policies pertaining to the production of affordable housing.

(i)   Awards.  Awards will be made only to projects that are determined to be consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing,  and that contribute to the goal of insuring that ten percent (10%) of the town’s housing stock is affordable to LMI households. “Low or moderate income housing” is defined as federal, state or locally subsidized housing provided to LMI households pursuant to federal or state statute, or local ordinance and that will remain affordable for not less than thirty (30) years. (RIGL § 45-53-3(9)). In cases where an award includes the conveyance of real property owned by the town, the property shall remain dedicated for LMI housing purposes in perpetuity. Awards may be made for developments that provide either home ownership and/or rental opportunities to low and moderate income families in South Kingstown. Funded developments may include either new construction or the rehabilitation of existing structures, provided that the construction or rehabilitation increases the number of LMI housing units in the town of South Kingstown.

(j)   Monetary Awards. Non-profit community development corporations, non-profit housing development organizations (including the South Kingstown Housing Authority and affiliated organizations), for-profit housing developers and owners of property in South Kingstown where LMI housing is proposed for development are eligible recipients for awards as outlined below. All monetary awards are subject to the availability of monies in the Fund.

(1)  Construction costs:  All eligible developers may apply for loans or grants for costs related to construction or rehabilitation work that results in the creation of new, additional, LMI housing units in the Town of South Kingstown.

(2)  Predevelopment costs.  Non-profit housing developers (including the South Kingstown Housing Authority) may apply for awards for predevelopment costs for projects that create new LMI housing units.  Awards may be made in the form of grants or loans for expenses including, but not limited to: appraisals, Phase I and II Site Assessments, architecture and engineering (A&E) for Conceptual Master Plan review, legal and title review, initial engagement fees for Certified Monitoring Agents and other costs deemed necessary by the Affordable Housing Collaborative to move projects forward. If the total predevelopment costs of a project is within the means of the Fund, 100% of the required funding may be so provided. (Note: South Kingstown acknowledges that Fair Housing laws govern the occupancy of any units created in whole or in part with Fund dollars.)

(3)  ADUs & Accessory apartments.  South Kingstown residents may apply for monetary awards from the Fund for costs relating to the creation of accessory apartments on their properties that are deed-restricted as affordable dwelling units.  Eligible expenses include predevelopment design costs, construction costs or costs associated with the engagement of a Certified Monitoring Agent.

(4)  Form of monetary awards.  All awards shall be in the form of forgivable loans.  Loans will be forgiven if the owner records a legal deed restriction limiting occupancy of the dwelling unit to LMI individuals for a period of not less than thirty (30) years in accordance with state law prior to the issuance of a certificate of occupancy by the Building Inspector.  All loans shall accrue interest at a rate of six percent (6 %) per annum from the date the loan is given.  Where a deed restriction is recorded and a certificate of occupancy is issued within eighteen (18) months of the issuance of the loan, the loan and all accrued interest will be forgiven. Where no deed restriction is recorded, loans shall automatically become due and payable upon either the issuance of a certificate of occupancy or, where no certificate of occupancy is issued, eighteen (18) months from the issuance of the loan, whichever occurs first. Following the issuance of a certificate of occupancy, the property owner shall have one (1) year within which to petition the Affordable Housing Collaborative to forgive the loan upon a showing of good cause in exchange for recording the required deed restriction limiting occupancy of the dwelling unit to a LMI household for a period of not less than thirty (30) years.

(k)  Non-Monetary Awards.  Applications for awards of land or real property to support LMI housing production will be solicited through a formal request-for-proposals issued by the town and will only be awarded to projects that are consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing.

(l)   Other awards:  The Affordable Housing Collaborative may consider such other requests for financial support from the Fund as it deems reasonable and likely to increase the supply of LMI housing in South Kingstown and consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing.  Such requests shall be submitted to the Affordable Housing Collaborative via a written application detailing the nature and extent of the project and the type, number, size and location of the new LMI housing units to be created by the project.

(m)            Sunset provision.  The provisions of this ordinance shall expire on May 1, 2023, unless reenacted by the South Kingstown Town Council.

 

B.        Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 17 Taxation that would add a new Article VII. Property Tax Relief for the Creation of New Accessory Dwelling Units for Low and Moderate Income Individuals. Video

 

Joshua Daly, member of the Affordable Housing Collaborative Committee gives a presentation of this proposal to provide pro-active tools to incentivize affordable housing and housing affordability. A 5-year tax abatement is proposed for any new ADU units, and a 30-year exemption for deed restricted units. No more than 20 applications will be accepted in a calendar year.

 

Discussion ensues relative to zoning size and limitations criteria.

 

The following are in attendance and comment:

Greg Sweet

Gerianne Chapman

 

Discussion ensues relative to limitations and requirements for the 30-year deed restricted units, and the monitoring process.

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 17 Taxation that adds a new Article VII. Property Tax Relief for the Creation of New Accessory Dwelling Units for Low and Moderate Income Individuals, as presented, as follows:

 

Chapter 17 Taxation

 

Article VII.  Property Tax Relief for the Creation of New Accessory Dwelling Units for

Low and Moderate Income Individuals

 

Sec. 17-81. Purpose.

 

The Town desires to create a program to provide property tax relief to local property owners as an incentive to encourage the creation of accessory dwelling units (ADUs) on privately owned properties as a form of affordable housing.

Sec. 17-82. - Authority.

 

(a)  The Town is authorized pursuant to R.I.G.L. § 44-3-13.4 to exempt from taxation real properties that are occupied by low and moderate income (LMI) individuals or families in an amount established pursuant to rules and eligibility requirements established by local ordinance. In accordance with this authority, the Tax Assessor is hereby directed to establish a program to exempt qualifying ADUs from taxation in accordance with the terms of this ordinance.

(b)  No statutory authorization is required for the Town to create a temporary abatement on the collection of real property taxes. Accordingly, the Town hereby exercises its authority to create a program to temporarily abate new property taxes on new living spaces created for use as an ADU in accordance with the terms of this ordinance.

 

Sec. 17-83. Thirty-Year Tax Exemption for Deed-Restricted Affordable ADUs

 

Any property owner who constructs a new ADU and also records a deed restriction that qualifies the ADU as “Low or Moderate Income Housing” (LMI) under § 45-53-3(4)(i) of the Rhode Island Low and Moderate Income Housing Act, shall be entitled to apply for and receive an exemption from all real property taxes associated with new living space created in the ADU for as long as the ADU remains a deed restricted affordable dwelling unit under the law.

 

Sec. 17-84. Five-Year Tax Abatement for Creation of New ADUs

 

Any property owner who shall construct a new ADU after the adoption of this ordinance shall be eligible to apply for an abatement of real property taxes associated with new living space created in the ADU for a period not to exceed five (5) years from the date of the issuance of the certificate of occupancy by the Building Official.

 

Sec. 17-85. Applications

 

(a)  Applications for a tax exemption or abatement under this section shall be on forms prepared by the Tax Assessor’s Office.

(b)  All applications for an exemption or abatement under this section shall be filed at the time the property owner applies for a building permit for the ADU to be constructed.

(c)  Any property owner who timely applied for and received a five (5) year abatement of real property taxes under Section 17-84 may, during the period of abatement, apply to convert the abatement to an exemption under Section 17-83 upon recording a deed restriction that qualifies the subject ADU as LMI Housing under § 45-53-3(4)(i) of the Rhode Island Low and Moderate Income Housing Act.

 

Sec. 17-86. Eligibility & Limitations

 

(a)  ADUs that received a prior to the adoption of this ordinance or that were built without the issuance of a valid building permit are not eligible for tax relief under this ordinance.

(b)  Eligible ADUs must comply with all applicable requirements for Accessory Apartments as set forth in Art. 5, Sec. 503.2 of the South Kingstown Zoning Ordinance.

(c)  No more than twenty (20) applications for relief shall be granted under this ordinance in any one calendar year. 

(d)  Rental agreements for ADUs receiving abatements under Section 17-84 shall be for a period of not less than twelve (12) consecutive calendar months.

(e)  The tax relief provided under this ordinance shall only apply to newly created floor-space used as living space in an ADU. This ordinance shall not entitle anyone to a reduction in property taxes for converting existing living space into an ADU.

 

Sec. 17-87. Transferability

 

Five-year tax abatements granted under Section 17-84, above, shall not be transferable to a subsequent owner unless at the time of sale a deed restriction has been recorded qualifying the ADU as LMI Housing under the Rhode Island Low and Moderate Income Housing Act and the abatement is approved as an exemption under Section 17-83.

 

8.         COMMUNICATIONS

 

C.        UNANIMOUSLY VOTED: that a resolution adopted April 28, 2021 by the Burrillville Town Council concerning legislation regarding the legalization of marijuana for adult recreational use is received and placed on file. Video

 

E.         UNANIMOUSLY VOTED: that an email dated April 29, 2021 from Alejandra Martinez concerning recognition of June as LGBTQ Pride month is received, placed on file and the Town Council directs staff to draft a resolution for consideration at the next meeting designating June as Pride Month in South Kingstown. Video

 

I.          UNANIMOUSLY VOTED: that an email dated May 5, 2021 from Joe “Tiger” Patrick II, Commander, VFW Post 916 requesting a certificate of appreciation for James Haldeman is received, placed on file, and the Town Council approves the certificate of appreciation drafted by staff. Video

 

9.         COMMENTS FROM INTERESTED CITIZENS Video

 

Council President Collins invites residents to come forward with comments.

 

Gregory Sweet comments on the school mailer investigation. 

 

Gary Chapman is in attendance and comments regarding the cost of adult day care services to South Kingstown residents under the new facility operator, and relative to appointments to the School Building Committee.

 

10.       TOWN MANAGER’S REPORT Video

 

The Town Manager’s Interim Report dated April 29, 2021, and the Miscellaneous Report dated May 6, 2021 are accepted, approved and placed on file.

 

Council Vice President McEntee comments on adopting a resolution to support House Bill 5232 An Act Relating To Education -- Foundation Level School Support (extends the time period that schools have to commence construction to correct health and safety deficiencies in order to qualify for increased school housing aid.)

 

UNANIMOUSLY VOTED: to add the topic of House Bill 5232 to the Agenda for discussion.

 

UNANIMOUSLY VOTED: to refer House Bill 5232 to the Town Manager for placement of a resolution on the next Agenda.

 

11.       APPOINTMENTS – None Video

 

12.       NEW BUSINESS Video

 

B.        UNANIMOUSLY VOTED: to authorize the Town Manager to execute a three-year lease agreement between the Town of South Kingstown and St. Elizabeth Community, Inc., 2364 Post Road, Suite 100, Warwick, RI  02886 for the provision of a licensed Adult Day Services Program to be located at 283 Post Road, Wakefield, RI for a fee of $1 per year, with an option to extend the agreement for five additional years; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated May 3, 2021 and entitled “Recommendation to Authorize Lease Agreement with St. Elizabeth Community for Adult Day Services Program.” Video

 

C.        UNANIMOUSLY VOTED: to authorize an award of contract to Automatic Temperature Controls, Inc., 95 Connecticut Street, Cranston, RI for replacement of the gas hot water heater at the Neighborhood Guild, as specified in the State of RI MPA contract #136, in an amount not to exceed $16,966; and as further described in a memorandum from the Leisure Services Director to the Town Manager dated May 4, 2021 and entitled “Recommendation for Replacement of Commercial Hot Water Heater at Neighborhood Guild.” Video

 

D.        VOTED: to authorize the expansion of the existing part-time Harbormaster position to a full time Natural Resource Officer & Harbormaster position, to be added to the non-union Position Allocation To Pay Schedule at a grade 13 effective July 1, 2021; as further described in a memorandum from the Director of Leisure Services to the Town Manager dated May 4, 2021 and entitled “Expansion of Harbormaster Position to Full Time Natural Resource Officer & Harbormaster.” Video

 

Councilwoman Bergner voted no.

 

UNANIMOUSLY VOTED: to continue the meeting past 11:00 PM.

 

E.         UNANIMOUSLY VOTED: to permit Hanson’s Pub, LLC d/b/a 210 Oyster Bar, and Andrew Bilodeau, Managing Member, as leaseholder of Town property located at 210 Salt Pond Road, to replace the existing deck on the southerly side of the building and to construct a second level outdoor deck, subject to local building and zoning requirements and CRMC regulations; and that the tenant will comply with light and noise containment as detailed in the minutes of the South Kingstown Waterfront Advisory Commission meeting held on April 1, 2021; contingent upon the Town’s receipt of written verification from the leaseholder confirming the proposed improvements as submitted by Peter Santilli; and as further described in a memorandum from the Leisure Services Director to the Town Manager dated May 5, 2021 and entitled “Request on Behalf of Leaseholder of 210 Salt Pond Road for Permission to Replace Existing Deck and Construct New Second level Deck.” Video

 

F.         UNANIMOUSLY VOTED: to authorize an award of contract to Orange Flood Control, LLC, 48 Bi-State Plaza #256, Old Tappan, NJ 07675 for the Middlebridge Pump Station Flood Protection project in an amount not to exceed $41,950, including a $3,000 contingency, with funding from the Wastewater Enterprise Fund unassigned net assets, and a RIDEM Wastewater Treatment Facility Resilience Fund (WWTFRF) Grant; and as further described in a memorandum from the Public Services Director to the Town Manager dated May 4, 2021 and entitled “Bid Recommendation – Middlebridge Pump Station Flood Protection.” Video

 

G.        UNANIMOUSLY VOTED: to authorize awards of bid to the following: Video

 

New England Asphalt Services, LLC, 508 Forest Road, Northford, CT 06472 for single ⅜” treated stone seal with latex at the unit price bid of $2.04 per square yard, and for double (⅜” & ¼”) untreated stone seal with latex at $4.08 per square yard.

 

Classic Seal Coating, Inc., 15 Industrial Lane, Johnston, RI 02919 for crack sealing at the unit price bid of $10.50 per gallon.

 

And with a total sum cost for all pavement management services above not to exceed $260,000 for FY 2020-2021 and $260,000 for FY 2021-2022; and as further detailed in memorandum from the Public Services Director to the Town Manager dated May 5, 2021 and entitled “Bid Recommendation – Pavement Preservation Program.”

 

13.       CLOSED EXECUTIVE SESSION Video

 

A.     UNANIMOUSLY VOTED: to recess to Closed Executive Session at 11:04 PM pursuant to RIGL §42-46-5(a)(9) relative to any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining agreement, employee termination arbitration; RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel; and pursuant to RIGL §42-46-5(a)(4) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal re: AFL-CIO mailer. 

 

It is noted that the individual(s) who is/are the subject of the Closed Executive Session have been notified of their right to have this discussion in open session.

 

Regular Session is reconvened at 11:45 PM, and it is

 

UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(9) relative to any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining agreement, employee termination arbitration; RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel; and pursuant to RIGL §42-46-5(a)(4) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal re: AFL-CIO mailer.

 

It is noted that a motion was made in Closed Executive Session pursuant to §42-46-5(a)(9).

                                                                                                                                                           

UNANIMOUSLY VOTED:  to adjourn at 11:47 PM.

 

Susan M. Flynn, CMC

Town Clerk

 

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