WORK SESSION

 

APRIL 11, 2022

 

At a WORK SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island held at the Town Hall, in and for said Town on the 11^th day of April 2022 at 7:00 PM.

 

            PRESENT:    Rory H. McEntee, President

Abel G. Collins, Vice President

Deborah D. Bergner

Deborah J. Kelso

Jessica L. Rose

 

 

1.         A.        INTERVIEWS

 

The Town Council interviews Susan W. D. Marcus, Brian P. Smith, Kenneth J. Tetzner, and Henry H. Thayer III concerning their interest in being reappointed to the Economic Development Committee.

 

1.         B.        WORK SESSION

 

The Interim Town Manager reviews License Item 6A, an application for a new Victualling License by Doughboys, LLC d/b/a NY Pizza of RI.

 

The Interim Town Manager reviews Public Hearing 7A concerning proposed amendments to the Zoning Map and Zoning Ordinance for South County Hospital changing the designation of the Property on the Zoning Map from “Government and Institutional (GI) with conditions” to “Government and Institutional (GI) without conditions”; and amending the Zoning Ordinance, Article 6. Overlay Zones, Special Zones, and Special Management Districts, Section 603. Government and Institutional (GI) Zone, Section 603.2 Health care institution.

 

The Interim Town Manager reviews the Communications on this evening’s Agenda, beginning with Item 8A concerning an email dated March 14, 2022 from Donna David continued from March 28, 2022 regarding property tax late fees. The Interim Town Manager reviews the Town’s tax policy, and refers to a memo from the Tax Collector noting an increase in penalties during the 1^st and 2^nd quarter of 2020 due to COVID, which has since stabilized.

 

Communication Item 8B concerns a request from David Flanders, Chairman, Conservation Commission for a budget increase from $650 to $1,300 for FY 2022-2023. The Interim Town Manager reviews the Commission’s prior expenditures and their interest in water quality testing and tree planting which is an operational function of the Town. The current budget scenarios cannot support this request.

 

Communication Item 8C concerns a resolution adopted March 21, 2022 by the Woonsocket City Council in opposition to Senate Bill S2557 and House Bill H7829 entitled Mandatory Translation Services requiring public bodies to have a translation assistance plan in place in order to translate meetings. This legislation is an unfunded mandate.

 

Communication Item 8E concerns an email dated March 28, 2022 from Susan Myette requesting that the Elderly Property Tax Exemption Program maximum income limit be increased. New Business Item 12K on this Agenda authorizes the Town Clerk to advertise an Order of Notice for a Public Hearing for the purpose of increasing the program’s income limits.

 

Communication Item 8G concerns an email dated March 30, 2022 from Stephen J. Elmasian, Armenian National Committee of RI requesting permission to fly their flag at Town Hall on April 24, 2022 in recognition of the Armenian Genocide during World War I. This is an annual request, and the Armenian flag could be raised at the Public Safety Complex where there is an available flagpole.

 

Communication Item 8H concerns an email dated March 31, 2022 from Josh Daly tendering his resignation from the Planning Board.

 

Communication Item 8I concerns resolutions adopted March 28 and April 4, 2022 by the Coventry Town Council in opposition to the Russian invasion of Ukraine and in support of RI’s Ukrainian – American community; in support of Senate Bill S2341 and House Bill H7384 entitled An Act Relating to Highways – Sidewalks requiring the State to maintain all sidewalks along state highways; and in support of Senate Bill 2295 entitled An Act Relating to Waters and Navigation – Inspection of Dams and Reservoirs requiring public bodies to have emergency action plans in place for dams and reservoirs. The Town has an emergency action plan already in place.

 

Communication Item 8K concerns an email dated April 6, 2022 from Stephanie Maass concerning taxation of the Roy Carpenter’s cottage properties. The Interim Town Manager reviews a memo from the Tax Assessor advising that there are no provisions in State law adjusting property valuation based on the time property is occupied or criteria for level of services rendered by the Town. A detail of the revaluation and tax impact analysis was provided to the Council.

 

Communication Item 8L concerns a request from Michael Sherry, Chairman, Waterfront Advisory Commission for the Town Council to rescind their letter of objection to CRMC application File Number 2021-10-024 by William and Wendy Conley to construct and maintain a residential boating facility.

 

The Interim Town Manager notes that there is one applicant for the 300^th Anniversary Steering Committee.

 

The Interim Town Manager reviews the New Business items on this evening’s Agenda, beginning with Item 12B concerning Tiverton’s resolution requesting support to require CRMC to have stricter rules for notification of aquaculture applications. The Interim Town Manager refers to a memo from the Harbormaster/Natural Resources Officer detailing the Waterfront Advisory Commission’s support of these proposed amendments that would require public notices be sent to residents who live within 1,000 feet from the applicant and to advertise notice in a newspaper.

 

New Business Item 12C authorizes the Interim Town Manager to execute the first amendment to the RI Memorandum of Understanding in order to receive opioid settlement funds in the approximate amount of $130,000.

 

New Business Item 12D awards a contract to Hub Technical Services LLC for Office 365 Migration Services. Discussion ensues relative to the contract total; the IT Director will be present for questions.

 

New Business Item 12E concerns rescinding an award of bid to Howard Johnsons Inc. for a 2022 front mount mower awarded in January 2022. The vendor could not obtain the mower as specified due to supply chain issues. New Business Item 12F concerns an award of bid to the same vendor for a 2023 front mount mower due to arrive next year.

 

New Business Item 12G is an award of bid to Clifton Larson Allen for Professional Audit Services. This is the firm that currently holds the contract for the Town’s annual audits.

 

New Business Item 12H authorizes the Interim Town Manager to enter into an agreement with RI Infrastructure Bank to draw down on the remaining $100,000 in financing under the Community Septic Loan Program. The Town is authorized for this funding through the State in a total of $1 million, and the Town is the issuer of low interest 1% loans for community members who need to upgrade or replace their septic systems. All loans have been reimbursed or are in the process of being reimbursed.

 

New Business Item 12I authorizes the Interim Town Manager to enter into an agreement with RI Department of Human Services to receive federal grant funds to offer low income household water assistance for payment of water and wastewater bills for eligible residents.

 

New Business Item 12J authorizes the Interim Town Manager to execute a Memorandum of Understanding to participate in the purchase of natural gas under the State’s Master Price Agreement for the reverse auction conducted by the State. This allows the Town to receive the best pricing.

 

New Business Item 12K concerns an Order of Notice for a Public Hearing relative to proposed amendments to the Town Code increasing the income brackets for the property tax exemptions for elderly persons.

 

New Business Item 12L would extend the Town’s Declaration of Emergency.

 

Convened to Regular Session.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

 

 

REGULAR SESSION

 

APRIL 11, 2022

 

At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 11^th day of April 2022 at 7:30 PM.

 

            PRESENT:    Rory H. McEntee, President

Abel G. Collins, Vice President

Deborah D. Bergner

Deborah J. Kelso

Jessica L. Rose

 

 

1.         C.        REGULAR SESSION

 

2.         A.        PLEDGE OF ALLEGIANCE TO THE FLAG

 

The Pledge of Allegiance to the flag is given.

 

B.        LAND ACKNOWLEDGEMENT STATEMENT

 

The Land Acknowledgement Statement is read.

 

3.         ROLL CALL

 

Roll Call is taken and all members are present.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on March 28, 2022 are accepted, approved, and placed on file.          

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on March 21 and March 28, 2022 are accepted, approved, and placed on file.

 

5.         CONSENT AGENDA

 

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

 

(CA)    6B.      UNANIMOUSLY VOTED: to grant a Victualling License to Cousins RI Bakery LLC d/b/a Cousins Bakery, 100 Fortin Road, Kingston, RI 02881. Application by Lu-Anne Cox, Member; Renewal. License No. 63878.

(CA)    6C.      UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales licenses to the following; renewals:

Belmont Marketplace, Inc. d/b/a Belmont Marketplace, 600 Kingstown Road, Wakefield, RI  02879. Application by Vincent Siravo, President; License No. 59664.

Kingston Mart, 100 Fortin Road, Kingston, RI 02881. Application by Mohamed Hsaine, Owner; License No. 66454.

 

(CA)    6D.      UNANIMOUSLY VOTED: to grant a Holiday Sales License to Wakefield Music Co. d/b/a Wakefield Music, 58 Main Street, Wakefield, RI 02879. Application by Dennis Costa, President; Renewal. License No. 59770.

 

(CA)    6E.      UNANIMOUSLY VOTED: to grant Holiday Sales and Laundry Licenses to Kingston Cleaners, Inc. d/b/a Pier Cleaners, 50 High Street, Wakefield, RI  02879. Application by Larry Fish, President; Renewal. License No. 59914.

 

(CA)    8D.      UNANIMOUSLY VOTED: that a resolution adopted March 23, 2022 by the Burrillville Town Council in opposition to Senate Bill S2244 and House Bill H7198 entitled An Act Relating To Labor And Labor Relations -- Municipal Employees' Arbitration is received and placed on file.

 

(CA)    8F.      UNANIMOUSLY VOTED: that an email dated March 29, 2022 from Kimberly Kelley concerning data regarding the proposed EMS facility, and a response from the Chief of Emergency Medical Services are received and placed on file (4/7/2022 Misc. Item IIJ.).

 

(CA)    8J.       UNANIMOUSLY VOTED: that an email dated April 5, 2022 from Joe daCruz relative to adding a pedestrian/bike path along Matunuck School House Road and Green Hill Beach Road, and a response from the Public Services Director are received and placed on file.

 

(CA)    8M.      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 $2,558.35, as shown on Tax Abatement Request No. 599.

 

(CA)    12M.   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.”

 

6.         LICENSES

 

A.        Rob Jones is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Victualling License to Doughboys LLC d/b/a NY Pizza of RI, 328 Main Street, Wakefield, RI 02879 subject to approval by the RI Department of Health and issuance of a Retail Sales Tax permit. Application by Nabil Bahi, Member; New. License No. 74694.

 

7.         PUBLIC HEARING

 

A.        Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Zoning Map and Zoning Ordinance relating to property located at 70 Kenyon Avenue, also known as Assessor’s Plat 64-1, Lot 122. The proposed amendments would (1) change the designation of the Property on the Zoning Map from “Government and Institutional (GI) with conditions” to “Government and Institutional (GI) without conditions”; and (2) amend the Zoning Ordinance, Article 6. Overlay Zones, Special Zones, and Special Management Districts, Section 603. Government and Institutional (GI) Zone, Section 603.2 Health care institution, as follows. Application by South County Hospital, Inc. (Presentation)

 

PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

 

[Text to be deleted = strikethrough; Text to be added = underline]

 

ARTICLE 6.

OVERLAY ZONES, SPECIAL ZONES, AND SPECIAL MANAGEMENT DISTRICTS

 

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Sec. 603. - Government and Institutional (GI) Zone.

 

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603.2. Health care institution.

 

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C.   Institutional Master plan requirement. All health care institutions shall file a master planan Institutional Master Plan (herein after referred to as a Master Plan) with the planning board, which shall be in compliance with the use and dimensional requirements of this ordinance and the town's comprehensive planTown's Comprehensive Plan and which shall be approved by the planning board asunder the framework of a major land development projectDevelopment Plan Review application.

 

1.      Purpose. A master planMaster Plan is required to promote the orderly growth and development of healthcare institution’s campus whileby preserving neighborhood character. and historic resources while maintaining consistency with the Town’s Comprehensive Plan and adopted land use policies. The master planMaster Plan shall detail existing site conditions as they relate to land use and all improvements anticipated over the next five (5) years.  This information shall be a statement, in text, maps, illustrations, or other media of communication that is designedused to provide a basis for rational decision making regarding the long term physical development of the institution campus. The plan  In order to achieve the goals and objectives of the plan, the Master Plan shall include an implementation element which defines and schedules for a period of five (5) years or more,identifies the specific public actions to be undertaken in order to achieveby the goals and objectives ofinstitution on its campus over the planfollowing five (5) years or more.

2. Filing requirements. HeathHealth care institutions shall file with the planning board a master planPlanning Board a Master Plan within six (6) months following the adoption of this ordinance. Said institution shall review its master plan five (5) years following the first approval, and, and within every five (5) years thereafter (regardless of any intervening changes) to determine if).  No later than six (6) months prior to the expiration of an approved Master Plan, said institution shall make a submission to the Planning Board with the following information:
1. A letter outlining the improvements that have been made since the existing Master Plan was last approved, including confirmation that all improvements completed are consistent with the previously approved plan; and
2. A new and/or revised Master Plan for review and approval.  The submitted  Master Plan may take the form of  either a new plan (assembled in accordance with these regulations) or revised version of the previously approved plan which shall include a cover letter explaining any changes are being considered or proposed. If changes are not proposed, the institution shall notify the planning board in writing that the current master plan is valid for another five (5) years.to said plan that have been forecasted by the institution.  The master planMaster Plan may be amended by the institution not more than two (2) times within any five-year term and such amendmentupon submission to and approval by the Planning Board at any time provided that the proposed amendments shall be submitted notno less than six (6) months prior to:

                                      i.        aany planned construction of a new building; or

                                    ii.        , the demolition of any existing building; or

                                   iii.        , and/or any addition to an existing building which will increase the size of such existing building by five hundred (500) one thousand (1,000) square feet GFLA; or

                                   iv.        , or the demolition of any existing buildingany improvement or modification that increases the need for additional parking by more than 5%; or

                                    v.        any addition to an existing structure that increases the peak hour traffic (AM and/or PM by more than 10%).

3. Previously approved Master Plans that have exceeded the (5) year approval window shall be considered expired, provided however, that if the institution has submitted a new Master Plan prior to the expiration of the previously approved plan, and the new Master Plan has been determined to be complete by the Administrative Officer, the previously approved plan shall remain in full force and effect until the new Master Plan is approved.  Building permits for any improvements not contained in the approved Master Plan or not otherwise authorized by this Ordinance, shall not be issued by the Town for any health care institution with an expired Master Plan.
2. Review and approval. A master planMaster Plan shall be subject to the procedure for review and approval set forth in the subdivision and land development regulations of the Town of South Kingstown, Article V.C.4., Major LandIV.F., Special Requirements – Development Plan Review

a.    Certification of Master Plan Application.  The application shall be certified complete or incomplete by the Administrative Officer within twenty-five (25) days of its receipt by the Planning Department.

b.    Decision.  The Planning Board shall, within ninety (90) days of certification of completeness, or within such further time as may be consented to by the applicant, approve of the Master Plan as submitted, approve with changes and/or conditions, or deny the application according to the requirements of Article XI, Section E of the Town of South Kingstown Subdivision and Land Development Regulations.

c.    Consistency with Zoning.  In the event that a component or component(s) of the Master Plan require(s) relief to achieve compliance with the Zoning Ordinance, the applicant shall note the relief that is required and the Planning Board shall issue an advisory opinion to the Zoning Board on the required relief as part of the Master Plan review process.

4. Master plan contents. The master planPre-submittal Public Workshop.  Prior to formal submittal of a Master Plan for Planning Board review and approval, the institution shall conduct a minimum of one (1) public workshop  meeting to discuss the contents of the Master Plan and all anticipated improvements with community residents and said work shop shall be open to the general public and held in an accessible (ADA) meeting space.  Notice for such meeting shall be mailed:

a.    To all abutting property owners within two hundred (200) feet from the perimeter of the subject parcel(s) no less than ten (10) days prior to the meeting.  Said notice shall be sent,  utilizing the United States Postal Service Certificate of Mailing Form (PS Form 3817) to all abutting property owners within feet from the perimeter of the subject parcel(s) no less than seven (7) days prior to the meeting.

b.    To all abutting property owners between two hundred (200) feet and five hundred (500) feet from the perimeter of the subject parcel(s) no less than ten (10) days prior to the meeting.  Said notice shall be sent utilizing United Postal Service First Class Mail.  This meeting shall be held in an accessible (ADA) meeting space open to the public.

5. Public Hearing Required.  All Master Plans submitted for review and approval by the Planning Board shall require a public hearing which shall require the same public notice procedures outlined within Article V.4.r and V.4.s, Procedure for Review and Approval of Plats and Plans, Major Land Development Projects and Major Subdivisions.

D.   Master Plan contents. The Master Plan shall, at a minimum, contain the following:

1. Mission statement of the hospital, including its relationship with the neighborhood and community in which its campus is physically situated.
2. A list of all existing buildings owned or leased by the hospital, with the following information, provided in tabular form, using the following as column headings:

Building, by name or address.

Exterior size or footprint.

Height in stories and feet.

Physical condition.

Primary use.

Percent used for patient care.

Percent used for administrative offices.

Accessory use or ancillary use.

Calculated interior Gross Floor Areas (GFA) for categories of services types

Identification of parking spaces associated with the uses within the building

3. Statement of ten- 5-year goals and five-year objectives with a 10-year outlook and means and approaches through which such goals and objectives may be reached.
4. Parking and Circulation planAnalysis indicating existing and proposed vehicular access, parking configurations, pedestrian sidewalks and general circulation layout of the campus. The circulation plananalysis shall be prepared by a registered professional Traffic Engineer selected by mutual agreement of the town and applicant, and paid for by the applicant. The circulation plan shall address all on- and off-site impacts onto adjacent streets and is required to examine alternative access scenarios.. In addition, the plananalysis shall address the adequacy of on-site traffic circulation, parking and loading, sidewalk/pedestrian circulation, delivery, and emergency access, safety, and related circulation issues., including the location of all parking on and off the campus.  The analysis shall clearly identify:

                                          i.    The number of parking spaces that exist (both on and off-site) and the number of parking spaces that are required in accordance with Section 603.2.B.7 of this ordinance;

                                        ii.    The location of any new spaces required as a result of any proposed development; and,

                                       iii.    Other information deemed appropriate.

If the analysis shows that the subject property is not incompliance and/or anticipated projects are or will not be in compliance with Section b.7 above, the applicant may seek an exemption per Section E below.

5. Proposed changes in land holdings of the institution campus including property to be purchased and/or sold, proposed street(s) to be abandoned, and/or any new streets andor driveways to be established including private rights-of-way.
6. Proposed changes in land use within the hospital's campus and grounds.
7. Proposed capital improvements including new structures, additions to existing structures, parking garages, parking lots (surface or structure), driveways, access roads, and landscaped areas or buffers. Major repairs that affect the building and/or campus grounds shall be included. The plan shall, at a minimum, identify the location of such improvements (on a map of the campus), the footprint and exterior dimensions of any new structure, height in stories and feet, proposed uses and associated GFAs, including primary and accessory uses, parking and loading to support such uses, landscaping and/or landscaped buffers.
8. For any new building or addition to an existing building that has building plans, including scaled plans and elevations, such plans and drawings shall be included in the master plan. For building plans, including additions to existing buildings, that are in the conceptual planning stages and architectural drawings are not available at the time of submission of the master plan, the planning board shall require, as a condition for approval of the master plan, that when such architectural drawings are prepared, they shall be submitted for development plan review, pursuant to the subdivision and land development regulations.review and approval by the Administrative Officer for consistency and compliance with the approved Master Plan.
9. Proposed demolition of any building, structure, parking garage lots (surface or structure), parking lot, or any other campus facility.
10. A parking plan that shows the location of all parking on and off the campus. The plan shall identify: the number of parking spaces that exist and the number that are required; the location of new spaces required as a result of any proposed development; and, other information deemed appropriate.

10. The master planMaster Plan shall contain text and maps to facilitate the review process.

11. A copy of the certificate of need, required as a precondition to license of any new or additional premises on the In addition to the above, any hospital campus, in accordance with Gsubject to regulation by the Department of Health pursuant to F.L. 1956, Ch. 23-15, as amended, and to the rules and regulations promulgated by the Director of Health for the State of Rhode Island, shall be attached to the master pursuant thereto, which are required thereby to obtain a certificate of need as a precondition to licensure of any new or additional premises, shall obtain said certificate of need prior to the issuance of a building permit.
12. Conditional agreement for payment in lieu of taxes (PILOT) with regard to for-profit enterprises of the health care institution, if applicable.
13. Application filing fee, to be established by the town council from time to time.

E.   Exemption from Section 603.2.B.7 (Parking Requirements)

1.    For health care institutions, exemptions to required off-street parking requirements may be granted based on submittal and approval of an Alternative Parking Analysis and Management Plan, which is approved by the Planning Board as part of the review and approval of an Institutional Master Plan.  Exemptions may be granted for the implementation and demonstrated effectiveness of managing the facilities available parking spaces and analyzing transportation alternatives that provide employees and/or visitors with options designed to reduce demand for parking and relieve congestion.

2.    When a healthcare institution has a noncontiguous campus, parking may be supplied on one part of the campus to meet the parking needs of the other noncontiguous part of the campus provided that a shuttle service is supplied by the institution to move employees and/or visitors between the non-contiguous campuses.

3.    Reductions in parking requirements will be evaluated on a case-by-case basis with a potential reduction of up to 30% when it is clear that the parking analysis and/or transportation alternative(s) will result in a corresponding reduction in parking demand.

4.    A campus-wide Parking Management Plan shall be submitted as part of the Master Plan when the parking requirements of Section 603.2.B.7 cannot be met. Said plan shall include the following information:

a.    The number, size, location, access, and general operation and management of all required and proposed on-site and off-site parking and loading spaces.

b.    Traffic demand management strategies including, but not limited to:

                                          i.    Available public transportation options.

                                        ii.    Existing and proposed shuttle services.

                                       iii.    Bicycle parking.

                                       iv.    Facility design, operation, shared vehicle, and/or parking strategies.

                                        v.    Enforcement and controls.

                                       vi.    Overflow management strategies.

c.    A parking and trip demand analysis prepared by a certified professional traffic engineer.

F.    Modifications to an Approved Institutional Master Plan.  The following development actions are considered minor modifications and deemed to be consistent with an approved Master Plan upon confirmation by the Administrative Officer:

1.    Interior renovations of an existing structure provided that the proposed use within the area to be renovated does not result in an increase in the amount of parking required as outlined in Section 603.2.B.7 of this ordinance and does not increase peak hour traffic (AM and/or PM) by more than 10%.

2.    Façade renovations of an existing structure once it is determined that the renovations are consistent with any design guidelines that are in effect at the time of the proposed renovation.

3.    A change of use to any allowed use within the hospital campus provided that the proposed use does not result in an increase in the amount of parking required as outlined in Section 603.2.B.7 of this ordinance and does not increase peak hour traffic (AM and/or PM) by more than 10%.

4.    Creation or expansion of any bicycle parking facilities.

5.    Creation or expansion of electric vehicle charging stations where said creation or expansion results in a loss of 10 or fewer overall campus parking spaces.

6.   Creation or expansion of open space, walking paths, outdoor seating, and/or alternate landscape designs.

 

 

PROPOSED AMENDMENTS TO THE ZONING MAP

 

Conditions of Zone Change Approval May 29, 2001

 

No institutional enlargement, expansion or intensification beyond the proposed new uses as outlined in the documents entitled ‘Request for Zoning Change, South County Hospital Healthcare System, Dated April 6, 2001 and South County Hospital Facility Improvement Program, Dated April 6, 2001’ shall be permitted.

 

In addition, the Planning Board shall consider the following issues during the subsequent review of the Master Plan to be filed by South County Hospital Healthcare System. 

 

1.            A master lighting plan of all exterior lighting on the Hospital campus shall be submitted to the Planning Board as part of Master Plan approval, along with an analysis of lighting levels in all off-street parking areas. The analysis shall include an evaluation of the effect exterior lighting has on adjacent and/or surrounding residential property, public streets and wetlands. Existing lighting shall be replaced or modified if necessary and proposed future lighting shall be designed so as to minimize deleterious impacts to said adjacent and/or surrounding properties;

 

2.         A construction staging and building demolition plan shall be prepared to address the impacts of noise, dust, traffic, vibration, access, hours of operation and other effects of site and building construction and demolition on adjacent residential property and wetland areas;

 

3.         The Hospital shall provide the Planning Board with a report on the status of their Master Plan improvements on an annual basis. This report shall contain information on the status and timing of all new and proposed construction, and shall describe all improvements completed as of the date of the report as well as an estimate of the future new construction anticipated by the Hospital for a period of 5 years from the date of the report;

 

4.         Once every two years, the Hospital shall provide the Planning Board and Town Council with a study assessing traffic conditions on the Hospital property and streets in the vicinity of the Hospital. The first report shall be provided six months after the date of issuance of the Certificate of Occupancy for the new Emergency Department. Should any traffic study find unsafe traffic conditions being generated by vehicles accessing, exiting or traveling within the Hospital property, the Hospital shall immediately undertake efforts, in conjunction with the Town and its agencies, including the Planning Board, to alleviate those conditions, including the consideration of direct access to Route 1;

 

5.         During Master Plan review, the Planning Board shall have the authority to require the Hospital to provide any plans, drawings, studies, or other information necessary to ensure that the approved Master Plan is consistent with the conditions attached to this amendment to the zoning ordinance; and

 

6.         Notwithstanding the provisions of this zoning ordinance amendment, minor changes may be made to the approved Master Plan pursuant to the provisions of Section VI.C.2 of the Subdivision and Land Development Regulations. Major changes to the approved Master Plan, as defined in Section VI.C.3 of the Subdivision and Land Development Regulations, shall require subsequent amendment of the conditions attached to this amendment to the zoning ordinance by the Town Council.  Provided, however that interior renovations and changes in the interior layout of rooms within the Hospital are not considered changes to the approved Master Plan.

 

* * *

 

Letters dated February 25, 2022 from the Planning Board recommending approval of the proposed text amendments to the Zoning Ordinance and recommending approval of the Zoning Map amendment, including their Findings of Fact and Findings of Consistency with the Comprehensive Plan and Zoning Ordinance, are referenced and placed on file.

 

Jamie Rabbitt, Planning Director gives a brief overview of the application received from South County Hospital to amend the Zoning Ordinance and Zoning Map relative to Section 603.2 Health Care Institution in order to rezone the parcel as GI without conditions. Section 603.2 Health Care Institution has six functional sub-sections, sub-sections A and B have no proposed changes. The proposed changes to Sub-sections 603.2C through 603.2F clarify language and terms, change the permitting framework from major land development to development plan review, shorten the review process, require pre-submission public workshops and additional notice requirements, allow parking and circulation analysis in lieu of hard count of parking spaces, require Administrative Officer review prior to any new building or structure, and require a campus wide Parking Management Plan submission as part of the Master Plan application process. The Zoning Map change required with these amendments would remove the Conditions of Approval adopted by the Town Council on May 29, 2001.

 

Jack Revens, Attorney representing South County Hospital notes that legal notices were sent to abutters and submitted to the Town Clerk, reinforces the explanation the Director of Planning gave on the proposed amendments, and states that South County Hospital is the last independent non-profit hospital in Rhode Island.

 

Discussion ensues relative to advancing the Hospital’s lighting program. Concerns are expressed about a shorter review time potentially affecting the time for members of the public to express concerns.

 

Attorney Revens states that SCH will hold an additional meeting before submitting the Institutional Master Plan to resolve the concerns. SCH is still required to go through the review and approval process with Planning and the Zoning Board of Review. Abutters within a 200 foot radius from the hospital will receive notice by certified mail and abutters within a 500 feet will received notice by regular mail.

 

Mr. Rabbitt reviews the process and timeframe for submitting the 5-year master plan.

 

Elizabeth Scott, 30 Hillcrest Road is present and thanks the Planning Board for the opportunity to participate in the legislative process for the Zoning Ordinance Amendment, comments in support of the Zoning Ordinance amendment overall and expresses concern that a master plan hasn’t been submitted in 10 years, the neighborhood is very densely populated and will be impacted by lighting and noise, emphasized the importance of the parking requirements exemption allowing a parking and circulation analysis, and opposition to Town Farm Park being land swapped or sold to the hospital.

 

Mary Jane Henderson, 33 Hillcrest Road is present and comments on SCH’s timeframe for submitting the 5-year master plan.

 

Mr. Revens explains the 5-year master plan is required to be submitted within 6 months of passage of the ordinance, and the 7 day notice requirement to abutters before the SCH meeting.

 

Bob Hackey, 29 Sunset Avenue is present and comments on the hospital’s 24 hour operations while being located in a densely populated area; reviews the differences between a public meeting with the Planning Board or the Town Council that is documented and on the public record compared to a private meeting at the hospital with surrounding neighbors; emphasizes the importance of protecting the surrounding neighbors and property values, opposes the increase of traffic on Town Farm Road, and supports preserving Town Farm Park or minimizing impact.

 

David Cote is present and inquires about the status of Town Farm Park.

 

Discussion ensues relative to the legal parameters of discussing this matter in public as this is a property negotiations item previously discussed in a Closed Executive Session.

 

The Interim Town Manager reviews the Town Council’s authorization to submit the application to the State for a land swap and no decisions have yet been made.

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to approve the proposed amendments to the Zoning Map and Zoning Ordinance relating to property located at 70 Kenyon Avenue, also known as Assessor’s Plat 64-1, Lot 122, incorporating the Planning Board’s Findings of Fact and Findings of Consistency with the Comprehensive Plan and Zoning Ordinance as described in their letter dated February 25, 2022. The amendments (1) change the designation of the Property on the Zoning Map from “Government and Institutional (GI) with conditions” to “Government and Institutional (GI) without conditions”; and (2) amend the Zoning Ordinance, Article 6. Overlay Zones, Special Zones, and Special Management Districts, Section 603. Government and Institutional (GI) Zone, Section 603.2 Health care institution.

 

AMENDMENTS TO THE ZONING ORDINANCE

 

ARTICLE 6.

OVERLAY ZONES, SPECIAL ZONES, AND SPECIAL MANAGEMENT DISTRICTS

 

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Sec. 603. Government and Institutional (GI) Zone.

 

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603.2. Health care institution.

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C.   Institutional Master plan requirement. All health care institutions shall file an Institutional Master Plan (herein after referred to as a Master Plan) with the planning board, which shall be in compliance with the use and dimensional requirements of this ordinance and the Town's Comprehensive Plan and which shall be approved by the planning board under the framework of Development Plan Review.

 

1.      Purpose. A Master Plan is required to promote the orderly growth and development of healthcare institution’s campus by preserving neighborhood character and historic resources while maintaining consistency with the Town’s Comprehensive Plan and adopted land use policies. The Master Plan shall detail existing site conditions as they relate to land use and all improvements anticipated over the next five (5) years.  This information shall be used to provide a basis for rational decision making regarding the long term physical development of the institution campus.  In order to achieve the goals and objectives of the plan, the Master Plan shall include an implementation element which identifies the specific public actions to be undertaken by the institution on its campus over the following five (5) years or more.

2.      Filing requirements. Health care institutions shall file with the Planning Board a Master Plan within six (6) months following the adoption of this ordinance, and within every five (5) years thereafter (regardless of any intervening changes).  No later than six (6) months prior to the expiration of an approved Master Plan, said institution shall make a submission to the Planning Board with the following information:

a.    A letter outlining the improvements that have been made since the existing Master Plan was last approved, including confirmation that all improvements completed are consistent with the previously approved plan; and

b.    A new and/or revised Master Plan for review and approval.  The submitted  Master Plan may take the form of  either a new plan (assembled in accordance with these regulations) or revised version of the previously approved plan which shall include a cover letter explaining any changes to said plan that have been forecasted by the institution.  The Master Plan may be amended by the institution upon submission to and approval by the Planning Board at any time provided that the proposed amendments shall be submitted no less than six (6) months prior to:

                                   vi.        any planned construction of a new building; or

                                  vii.        the demolition of any existing building; or

                                viii.        any addition to an existing building which will increase the size of such existing building by one thousand (1,000) square feet GFLA; or

                                   ix.        any improvement or modification that increases the need for additional parking by more than 5%; or

                                    x.        any addition to an existing structure that increases the peak hour traffic (AM and/or PM by more than 10%).

c.    Previously approved Master Plans that have exceeded the (5) year approval window shall be considered expired, provided however, that if the institution has submitted a new Master Plan prior to the expiration of the previously approved plan, and the new Master Plan has been determined to be complete by the Administrative Officer, the previously approved plan shall remain in full force and effect until the new Master Plan is approved.  Building permits for any improvements not contained in the approved Master Plan or not otherwise authorized by this Ordinance, shall not be issued by the Town for any health care institution with an expired Master Plan.

3.      Review and approval. A Master Plan shall be subject to the procedure for review and approval set forth in the subdivision and land development regulations of the Town of South Kingstown, Article IV.F., Special Requirements – Development Plan Review

a.    Certification of Master Plan Application.  The application shall be certified complete or incomplete by the Administrative Officer within twenty-five (25) days of its receipt by the Planning Department.

b.    Decision. The Planning Board shall, within ninety (90) days of certification of completeness, or within such further time as may be consented to by the applicant, approve of the Master Plan as submitted, approve with changes and/or conditions, or deny the application according to the requirements of Article XI, Section E of the Town of South Kingstown Subdivision and Land Development Regulations.

c.    Consistency with Zoning.  In the event that a component or component(s) of the Master Plan require(s) relief to achieve compliance with the Zoning Ordinance, the applicant shall note the relief that is required and the Planning Board shall issue an advisory opinion to the Zoning Board on the required relief as part of the Master Plan review process.

4.      Pre-submittal Public Workshop.  Prior to formal submittal of a Master Plan for Planning Board review and approval, the institution shall conduct a minimum of one (1) public workshop  meeting to discuss the contents of the Master Plan and all anticipated improvements with community residents and said work shop shall be open to the general public and held in an accessible (ADA) meeting space.  Notice for such meeting shall be mailed:

c.    To all abutting property owners within two hundred (200) feet from the perimeter of the subject parcel(s) no less than ten (10) days prior to the meeting.  Said notice shall be sent utilizing the United States Postal Service Certificate of Mailing Form (PS Form 3817).

d.    To all abutting property owners between two hundred (200) feet and five hundred (500) feet from the perimeter of the subject parcel(s) no less than ten (10) days prior to the meeting.  Said notice shall be sent utilizing United Postal Service First Class Mail. 

5.      Public Hearing Required.  All Master Plans submitted for review and approval by the Planning Board shall require a public hearing which shall require the same public notice procedures outlined within Article V.4.r and V.4.s, Procedure for Review and Approval of Plats and Plans, Major Land Development Projects and Major Subdivisions.

 

D.   Master Plan contents. The Master Plan shall, at a minimum, contain the following:

1. Mission statement of the hospital, including its relationship with the neighborhood and community in which its campus is physically situated.
2. A list of all existing buildings owned or leased by the hospital, with the following information, provided in tabular form, using the following as column headings:

Building, by name or address.

Exterior size or footprint.

Height in stories and feet.

Physical condition.

Primary use.

Percent used for patient care.

Percent used for administrative offices.

Accessory use or ancillary use.

Calculated interior Gross Floor Areas (GFA) for categories of services types

Identification of parking spaces associated with the uses within the building

3. Statement of 5-year goals with a 10-year outlook and means and approaches through which such goals and objectives may be reached.
4. Parking and Circulation Analysis indicating existing and proposed vehicular access, parking configurations, pedestrian sidewalks and general circulation layout of the campus. The analysis shall be prepared by a registered professional Traffic Engineer and shall address all on and off-site impacts to adjacent streets. In addition, the analysis shall address the adequacy of on-site traffic circulation, parking and loading, sidewalk/pedestrian circulation, delivery, emergency access, safety, and related circulation issues, including the location of all parking on and off the campus.  The analysis shall clearly identify:

                                          i.    The number of parking spaces that exist (both on and off-site) and the number of parking spaces that are required in accordance with Section 603.2.B.7 of this ordinance;

                                        ii.    The location of any new spaces required as a result of any proposed development; and,

                                       iii.    Other information deemed appropriate.

If the analysis shows that the subject property is not incompliance and/or anticipated projects are or will not be in compliance with Section b.7 above, the applicant may seek an exemption per Section E below.

5. Proposed changes in land holdings of the campus including property to be purchased and/or sold, proposed street(s) to be abandoned, and/or any new streets or driveways to be established including private rights-of-way.
6. Proposed changes in land use within the hospital's campus and grounds.
7. Proposed capital improvements including new structures, additions to existing structures, parking lots (surface or structure), driveways, access roads, and landscaped areas or buffers. Major repairs that affect the building and/or campus grounds shall be included. The plan shall, at a minimum, identify the location of such improvements (on a map of the campus), the footprint and exterior dimensions of any new structure, height in stories and feet, proposed uses and associated GFAs, including primary and accessory uses, parking and loading to support such uses, landscaping and/or landscaped buffers.
8. For any new building or addition to an existing building that has building plans, including scaled plans and elevations, such plans and drawings shall be included in the master plan. For building plans, including additions to existing buildings, that are in the conceptual planning stages and architectural drawings are not available at the time of submission of the master plan, the planning board shall require, as a condition for approval of the master plan, that when such architectural drawings are prepared, they shall be submitted for review and approval by the Administrative Officer for consistency and compliance with the approved Master Plan.
9. Proposed demolition of any building, structure, parking lots (surface or structure), or any other campus facility.
10. The Master Plan shall contain text and maps to facilitate the review process.
11. In addition to the above, any hospital subject to regulation by the Department of Health pursuant to F.L. 1956, Ch. 23-15, as amended, and to the rules and regulations promulgated by the Director of Health for the State of Rhode Island pursuant thereto, which are required thereby to obtain a certificate of need as a precondition to licensure of any new or additional premises, shall obtain said certificate of need prior to the issuance of a building permit.
12. Conditional agreement for payment in lieu of taxes (PILOT) with regard to for-profit enterprises of the health care institution, if applicable.
13. Application filing fee, to be established by the town council from time to time.

 

E.   Exemption from Section 603.2.B.7 (Parking Requirements)

1. For health care institutions, exemptions to required off-street parking requirements may be granted based on submittal and approval of an Alternative Parking Analysis and Management Plan, which is approved by the Planning Board as part of the review and approval of an Institutional Master Plan.  Exemptions may be granted for the implementation and demonstrated effectiveness of managing the facilities available parking spaces and analyzing transportation alternatives that provide employees and/or visitors with options designed to reduce demand for parking and relieve congestion.
2. When a healthcare institution has a noncontiguous campus, parking may be supplied on one part of the campus to meet the parking needs of the other noncontiguous part of the campus provided that a shuttle service is supplied by the institution to move employees and/or visitors between the non-contiguous campuses.
3. Reductions in parking requirements will be evaluated on a case-by-case basis with a potential reduction of up to 30% when it is clear that the parking analysis and/or transportation alternative(s) will result in a corresponding reduction in parking demand.
4. A campus-wide Parking Management Plan shall be submitted as part of the Master Plan when the parking requirements of Section 603.2.B.7 cannot be met. Said plan shall include the following information:

a.    The number, size, location, access, and general operation and management of all required and proposed on-site and off-site parking and loading spaces.

b.    Traffic demand management strategies including, but not limited to:

                                          i.    Available public transportation options.

                                        ii.    Existing and proposed shuttle services.

                                       iii.    Bicycle parking.

                                       iv.    Facility design, operation, shared vehicle, and/or parking strategies.

                                        v.    Enforcement and controls.

                                       vi.    Overflow management strategies.

c.    A parking and trip demand analysis prepared by a certified professional traffic engineer.

 

F.    Modifications to an Approved Institutional Master Plan.  The following development actions are considered minor modifications and deemed to be consistent with an approved Master Plan upon confirmation by the Administrative Officer:

1.    Interior renovations of an existing structure provided that the proposed use within the area to be renovated does not result in an increase in the amount of parking required as outlined in Section 603.2.B.7 of this ordinance and does not increase peak hour traffic (AM and/or PM) by more than 10%.

2.    Façade renovations of an existing structure once it is determined that the renovations are consistent with any design guidelines that are in effect at the time of the proposed renovation.

3.    A change of use to any allowed use within the hospital campus provided that the proposed use does not result in an increase in the amount of parking required as outlined in Section 603.2.B.7 of this ordinance and does not increase peak hour traffic (AM and/or PM) by more than 10%.

4.    Creation or expansion of any bicycle parking facilities.

5.    Creation or expansion of electric vehicle charging stations where said creation or expansion results in a loss of 10 or fewer overall campus parking spaces.

6.   Creation or expansion of open space, walking paths, outdoor seating, and/or alternate landscape designs.

 

 

AMENDMENTS TO THE ZONING MAP

 

Removed the Conditions of Zone Change Approval dated May 29, 2001

 

The Planning Board’s recommendation to approve the proposed Zoning Map and Zoning text amendments is based on the following Findings of Fact and Findings of Consistency with the Comprehensive Plan and Zoning Ordinance:

 

Findings of Fact, Consistency with the Comprehensive Plan

 

1. The amended language contained in Section 603 and the elimination of conditions associated with the previously approved Zoning Map Amendments are consistent with the following goals and policies established within the South Kingstown Comprehensive Community Plan:

a.    Land Use Action Plan, Land Use Goal 1: 'Land use policies will be consistent with "Land Use 2025: Rhode Island's Land Use Policies and Plan", and to maintain continuity with the 1992 South Kingstown Comprehensive Plan and previous Plan updates.'

i.    Action 1-5: 'Review and revise the South Kingstown Zoning Ordinance, Subdivision and Land Development Regulations, and the Residential Design Manual Standards to improve implementation and to avoid ambiguity.'

b.    Land Use Action Plan, Land Use Goal 2: 'A sustainable rate of development will be maintained, which is consistent with the ability of the Town to provide essential services, to achieve a stable tax rate, to protect environmental, historic, and cultural resources, and to provide a healthy environment.'

i.    Action 2-1: 'Develop mechanisms to measure and account for the cumulative impacts of development and address these impacts within the development review process. The Town shall formalize these metrics within regulations that will specify new requirements for applicants and provide clear criteria for decision-making authorities.'

ii.   Action 2-3: 'Amend regulations to incorporate design standards for infrastructure improvements containing pedestrian and bicycle circulation for on-site facilities and connection to adjoining multi-modal networks, neighborhoods, and villages.'

c.    Land Use Action Plan, Land Use Goal 3: 'High standards of development will be required to preserve and enhance the quality of life, to encourage a sense of community, to support a healthy, walkable environment and to protect the natural resources of the Town.'

i.    Action 3-4: 'Adopt regulations that will require landowners, builders, and developers to minimize adverse impacts on the local community. These regulations shall specify requirements for applicants to explain and address local community impacts within their proposals and plans and provide review authorities with clear decision-making criteria.'

ii.   Action 3-5: 'Adopt regulations that will require applicants to account for, consider, and address impacts on pedestrians and bicyclists.'

d.    Economic Development Action Plan, Economic Development Goal 1: 'The local economy will provide opportunities for a diverse collection of business and industry.'

i.    Economic Development Action Plan, Action 1-4, 'Improve communication with and provide supportive services to the local business community and institutions such as the Southern Rhode Island Chamber of Commerce, URI, South County Hospital, and others.'

 

Findings of Fact, Consistency with the Purposes of Zoning

 

The proposed amendments are consistent with the following general purposes of zoning, as described in RIGL Title 45, Chapter 24, Section 30, specifically:

 

1.       Promoting the public health, safety, and general welfare;

2.       Providing for a range of uses and intensities of use appropriate to the character of the Town and reflecting current and expected future needs;

3.       Providing for orderly growth and development that recognizes:

i.      The goals and patterns of land use contained in the comprehensive plan of the Town;

v.    The availability and capacity of existing and planned public and/or private services and facilities;

vi.   The need to shape and balance urban and rural development; and

vii.  The use of innovative development regulations and techniques.

11. Promoting a high level of quality in design in the development of private and public facilities.

14.  Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.

15.  Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.

 

8.         COMMUNICATIONS

 

A.        The Interim Town Manager reviews the Town’s tax policy and the memorandum from the Tax Collector. There was an increase in late notices and penalty payments in the 1^st and 2^nd Quarter of 2020 due to COVID; in response to this influx, the Town’s tax policy was amended to increase the grace period from 10 days after the due date to 30 days. The 30 day grace period is still currently in place and the delinquencies have since stabilized.  

 

UNANIMOUSLY VOTED: that an email dated March 14, 2022 from Donna David, continued from March 28, 2022, concerning real estate tax late fees is received and placed on file.

 

B.        David Flanders, Chairman, Conservation Commission is present and testifies regarding the group’s interest in sponsoring the Saugatucket River sampling and Save the Bay programs. Discussion ensues relative to contacting school PTOs for the requested funding. The Interim Town Manager reviews existing water quality testing done by the Public Services Department.

 

UNANIMOUSLY VOTED: that a letter dated March 14, 2022 from David Flanders, Chairman conveying the Conservation Commission’s request to increase their budget from $650 to $1,300 for FY 2022-2023 is received, placed on file, referred to Town staff.

 

C.        Discussion ensues relative to proposed legislation that would require public bodies to provide translation services upon request. It is consensus that such services should be provided by the State, and it is

 

UNANIMOUSLY VOTED: that a resolution adopted March 21, 2022 by the Woonsocket City Council in opposition to Senate Bill S2557 and House Bill H7829 entitled Mandatory Translation Services requiring, upon request, translation services be provided by any public body subject to the provisions of the Open Meetings Law is received and placed on file.

 

E.        UNANIMOUSLY VOTED: that an email dated March 28, 2022 from Susan Myette requesting that the Elderly Property Tax Exemption Program maximum income limit be increased is received and placed on file.

 

G.        UNANIMOUSLY VOTED: that an email dated March 30, 2022 from Stephen J. Elmasian, Armenian National Committee of RI requesting permission to fly their flag at Town Hall on April 24th to mark the anniversary of the Armenian Genocide during World War I is received, placed on file, and the Town Council directs that the Armenian flag be flown at the Public Safety Complex.

 

H.        UNANIMOUSLY VOTED: that an email dated March 31, 2022 from Josh Daly tendering his resignation from the Planning Board, effective immediately, is accepted, and the Town Council directs staff to send a letter thanking Mr. Daly.

 

I.          Discussion ensues relative to the importance of recognizing the Russian invasion of Ukraine currently happening, and it is

 

UNANIMOUSLY VOTED: that resolutions adopted March 28 and April 4, 2022 by the Coventry Town Council in opposition to the Russian invasion of Ukraine and in support of RI’s Ukrainian – American community; in support of Senate Bill S2341 and House Bill H7384 entitled An Act Relating to Highways – Sidewalks relative to maintenance on state highways; and in support of Senate Bill 2295 entitled An Act Relating to Waters and Navigation – Inspection of Dams and Reservoirs are received, placed on file, and the Town Council votes to endorse the resolution in opposition to the invasion of Ukraine and in support of the legislation.

 

K.        Councilwoman Rose recuses herself. Stephanie Maass is present and discusses the property classifications for the cottages at Roy Carpenter’s Beach, the steep increase in valuation for the cottages, and Town services that are not accessible to cottage owners due to the properties being seasonal.

 

The Interim Town Manager reviews the difference between campground and neighborhood classifications, and notes that Vision Appraisal is still reviewing and processing the full revaluation. The Assistant Town Solicitor reviews the RI Tax Code concerning property designations that does not have provisions for seasonal occupancy. Discussion ensues relative to the determination of market value on a cottage, the increase of property taxes on the cottages at Roy Carpenter’s Beach, and the safeguards in place for ensuring accountability with Vision Appraisal.

 

VOTED: that an email dated April 6, 2022 from Stephanie Maass concerning taxation of the Roy Carpenter’s cottage properties is received, placed on file, and referred to the Tax Assessor for further investigation.

 

Councilwoman Rose recused herself.

 

L.         Michael Sherry, Chairman, Waterfront Advisory Commission is present and discusses CRMC issuing variances to its own regulations that are incorporated into the Town’s Harbor Management Plan, which the Waterfront Advisory Commission follows. Discussion ensues relative to the CRMC dock application process, potential violations to the Harbor Management Plan and the objection requirements, and the Harbor Management Plan requirements and boundaries. <

 

UNANIMOUSLY VOTED: that a letter dated March 18, 2022 from Michael Sherry, Chairman, Waterfront Advisory Commission requesting that the Town Council rescind their letter of objection to CRMC application File Number 2021-10-024 by William and Wendy Conley to construct and maintain a residential boating facility at 194 Winchester Drive to avoid unnecessary delay to the applicant is received, placed on file, and it is voted to rescind the letter of objection.

 

9.         COMMENTS FROM INTERESTED CITIZENS

 

Council President McEntee invites residents to come forward with comments.

 

Ronald Stamp is present and comments on the discrepancies in valuation for replacement costs at Roy Carpenter’s Cottages, and the per square footage prices.

 

Martha Stamp is present and comments in support of increasing the income limits of the Elderly Tax Exemption Program.

 

David Cote comments in support of placing the proposed EMS facility on Town property.

 

10.       TOWN MANAGER’S REPORT

 

The Interim Town Manager gives an update on the transition process with the newly appointed Town Manager, notes the upcoming budget Public Hearings on April 14 and April 18, 2022, and the report provided in response to the Town Council’s request for further budget reductions. The Town Manager’s Interim Report dated March 31, 2022, and the Miscellaneous Report dated April 7, 2022 are accepted, approved and placed on file.

 

11.       APPOINTMENTS

 

A.        UNANIMOUSLY VOTED: to reappoint Susan W. D. Marcus, Brian P. Smith, Kenneth J. Tetzner, and Henry H. Thayer III to the Economic Development Committee for a term to expire in March 2025.

 

B.        UNANIMOUSLY VOTED: to appoint Jonathon Rapport to serve on the Town’s 300th Anniversary Steering Committee.

 

 

12.       NEW BUSINESS

 

B.        UNANIMOUSLY VOTED: to affirm the Town of Tiverton’s Resolution 2022-0002 Requesting Amendments to the Rhode Island General Laws Related to Notification of Aquaculture Applications Before the Coastal Resources Management Council; as further described in a memorandum from the Harbormaster/Natural Resources Officer to the Interim Town Manager dated March 18, 2022 and entitled “Waterfront Advisory Commission – Tiverton Town Council Resolution re: CRMC – Aquaculture.”

 

C.        UNANIMOUSLY VOTED: to authorize the Town Manager to execute the First Amendment to the Rhode Island Memorandum of Understanding between the State and Cities and Towns Receiving Opioid Settlement Funds, on behalf of the Town, in order to receive South Kingstown’s share of opioid settlement funds as defined in the Memorandum of Understanding; and as further described in a memorandum from the Interim Town Manager to the Town Council dated March 31, 2022 and entitled “RI Opioid Settlement with Teva & Allergan – Municipal Authorization Documents.”

 

D.        Discussion ensues relative to an award of contract for Office 365, and the Interim Town Manager clarifies that the total contract amount includes 5 days of onsite training, and it is

 

UNANIMOUSLY VOTED: to authorize an award of contract to Hub Technical Services LLC, 44 Norfolk Avenue, South Easton, MA 02375 for Office 365 Migration Services in an amount not to exceed $17,558 which includes a $2,000 contingency; as described in a memorandum from the Director of Technology to the Interim Town Manager dated April 4, 2022 entitled “O365 Migration Services Recommendation.”

 

E.        UNANIMOUSLY VOTED: to rescind an award of bid originally granted on January 10, 2022 to Howard Johnson Inc., 1978 Kingstown Road, Peace Dale, RI 02879 for the purchase of one 2022 front mount mower in accordance with all bid specifications in the amount of $23,000 including a trade allowance of $8,500; and as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town  Manager  dated April 5, 2022 and entitled “Bid Rejection and Bid Recommendation – Front Mount Mower.”

 

F.         UNANIMOUSLY VOTED: to authorize an award of bid to Howard Johnson Inc., 1978 Kingstown Road, Peace Dale, RI 02879 for the purchase of one 2023 front mount mower, in accordance with all bid specifications, in an amount not to exceed $26,000,  including  trade  allowances  of  $7,000;  and  as  further  described  in  a memorandum  from  the  Interim  Director  of  Parks  and  Recreation  to  the  Interim  Town  Manager  dated April 5, 2022 and entitled “Bid Rejection and Bid Recommendation – Front Mount Mower.”

 

G.        UNANIMOUSLY VOTED: to authorize an award of bid to the firm of Clifton Larson Allen, 1 Capital Way, Cranston, RI 02910 and 29 South Main Street, West Hartford, CT 06107 for audit services subject to annual review, at the following rates: FY 2022 Audit $64,530, FY 2023 Audit $66,000 and FY 2024 Audit $67,600; and as further detailed in a memorandum from the Interim Finance Director to the Interim Town Manager dated April 5, 2022 and entitled “Request for Proposals – Professional Audit Services, Bid Reference #SK0031FD.”

 

H.        UNANIMOUSLY VOTED: to authorize the Interim Town Manager to enter into an agreement with the Rhode Island Infrastructure Bank to close on and draw down the remaining $100,000 in financing under the Community Septic Loan Program; as further described in a memorandum from the Interim Finance Director to the Interim Town Manager dated April 5, 2022 and entitled “Community Septic System Loan Program Closing and Draw Down Approval.”

 

I.          Discussion ensues relative to relative to how community members apply for LIHWAP and the application process, and it is noted that there is also a Low Income Energy Assistance Program.

 

UNANIMOUSLY VOTED: to authorize the Interim Town Manager to enter into an agreement with the Rhode Island Department of Human Services for the Town to serve as a contractor to receive federal grant funds through the Low Income Household Water Assistance Program for payment of water and wastewater bills; as further described in a memorandum from the Interim Finance Director to the Interim Town Manager dated April 5, 2022 entitled “2022-2023 Rhode Island Low-Income Home Water Assistance Program (LIHWAP) Contract Authority.”

 

J.         UNANIMOUSLY VOTED: to authorize the Interim Town Manager to execute a Memorandum of Understanding (MOU) to participate in the purchase of natural gas under the State of Rhode Island’s Master Price Agreement for the reverse auction conducted by the State of RI for the period beginning November 1, 2022; and as further described in a memorandum from the Facilities Superintendent to the Interim Town Manager dated April 6, 2022 and entitled “Authorization of Town Manager to Execute a Memorandum of Understanding with the State of RI for Natural Gas Procurement.”

 

K.        UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons, as follows:

 

Sec. 17-44. Amount of exemption; filing of applications.

 

(a)       If the applicant’s total gross household income does not exceed thirty-nine thousand ($39,000.00) forty three thousand two hundred fifty one dollars ($43,251.00), the tax on the property shall be equal to four (4) percent of that gross income, provided that the maximum tax savings to the applicant shall not exceed the following:

 

 

L.         Discussion ensues relative to the Town’s usage of the Declaration of Emergency, and it is

 

VOTED: to extend the Town’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020 and subsequently renewed on a monthly basis, as shown as follows:

 

Town of South Kingstown

Renewed Declaration of Emergency

 

On March 15, 2020, pursuant to Sec. 3214 of the South Kingstown Home Rule Charter, the Town Council declared the existence of an emergency. The basis for the Council’s emergency declaration was the danger to health and life posed by the novel coronavirus known as COVID-19, as set forth in Governor Gina Raimondo’s Executive Order 20-02 dated March 9, 2020 declaring a state of emergency, and Executive Order 20-03 dated March 13, 2020 containing a supplemental emergency declaration.  Governor Raimondo extended the state of emergency as set forth in Executive Order 20-23 on April 10, 2020, and it was further extended on May 7, June 4, July 3, July 31, September 2, October 2, November 2, December 2, December 22, 2020, January 19, and February 16, 2021. Governor Daniel McKee further extended the state of emergency on March 16, April 21, May 20, and June 10, July 9, August 6, and September 30, 2021.  The Town Council voted to extend the date of the local emergency declaration on April 13, 2020, and it was further extended on May 11, June 8, July 13, August 11, September 14, October 13, November 9, December 14, 2020, January 11, January 25, February 22, March 22, April 26, and May 24, June 28, July 26, August 10, September 13, 2021, October 25, 2021 (retroactive to October 12, 2021), November 8, 2021, December 13, 2021, January 10, 2022, February 14, 2022 and March 14, 2022.

 

Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 241 further supplemental emergency declarations (as of April 7, 2022) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide.  On March 16, 2022, Governor McKee issued Executive Order 22-23 further extending the state of emergency to April 13, 2022.  Therefore, the Town Council deems it prudent to declare that a state of emergency continues to exist in Town, and hereby extends the end date of its emergency declaration from April 11, 2022 to May 9, 2022. The substance of the Council’s declaration of emergency remains in full force and effect, except to the extent that it has been superseded by an Executive Order of the Governor of the State of Rhode Island.

 

The Council hereby delegates the authority to the Interim Town Manager to take any and all actions deemed necessary to address the ongoing emergency. The Interim Town Manager shall report actions taken pursuant to this emergency declaration to the Council and to the public as soon as practicable, including ongoing updates on the Town’s website.

 

This Ordinance shall remain in full force and effect until May 9, 2022 unless renewed, modified, or terminated by a subsequent ordinance. Provided, however, that if the statewide state of emergency is not extended by executive order of the Governor of the State of Rhode Island on or before April 13, 2022, this Ordinance shall expire on that date.

 

Councilwomen Bergner and Rose voted against.

 

UNANIMOUSLY VOTED:  to adjourn at 9:30 PM.

 

 

Susan M. Flynn, CMC

Town Clerk