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WORK SESSION

DECEMBER 12, 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 12^th day of December 2022 at 7:00 PM.

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

1. A. INTERVIEW

The Town Council interviews Leslie Kennedy concerning her interest in being appointed to the Affordable Housing Collaborative Committee.

1. B. WORK SESSION

James M. Manni, Town Manager reviews the License Items on this evening’s Agenda beginning with Item 6A continued from the November 28, 2022 meeting concerning an application for a new Victualling License by Mahachai, LLC d/b/a Tong Ta Thai Restaurant.

License Item 6B concerns an application for a Temporary Mass Gathering Permit by the Sons of Liberty Spirits Company to conduct the Whiskey Wonderland Holiday Bazaar on December 17, 2022. It is expected that approximately 500 people and 225 cars will be present at the event.

The Town Manager reviews the Public Hearings on this evening’s Agenda beginning with Item 7A concerning an application to transfer the Class B Victualler Liquor License held by Heng-D, LLC d/b/a Tong-D Restaurant.

Public Hearing Item 7B concerns proposed amendments to the Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis in the Town’s Commercial Highway (CH) and Industrial One (IND-1) Districts. Michael Ursillo, Town Solicitor and James Rabbitt, Planning Director will be in attendance to give a brief presentation.

The Town Manager reviews Communication Item 8A concerning an email from Richard Barker Grant requesting the Town partner with the RI Department of Transportation and URI to create a transportation center located at the University. Mr. Manni notes that this is not an active project with RIDOT or URI, but if it were to become a viable project the Town would be involved.

Mr. Manni notes that during the Town Manager’s Report Item 10A he will discuss additional parking options for South County Hospital (SCH) including the potential use of space at the Town’s Public Services Building. It is suggested to move this section of the Town Manager’s Report forward before the Comments period on the Agenda.

Discussion ensues relative to a report of a vehicle on the Bike Path that was immediately referred to the Police Department for resolution. It is noted the Town is working with RIDOT to make safety upgrades on the Bike Path. Discussion ensues relative to placement of communications on the Agenda only when action by the Council is requested. It is noted that the Council receives all communications sent to the group.

Town Manager’s Report Item 10B will address the availability of applications for American Rescue Plan Act (ARPA) funding for affordable housing and human services and outside agencies.

Under the Town Manager’s Report Item 10C, Lucas Murray, Director of Administrative Services and Studio JAED will discuss the School Building Committee’s (SBC) proposed options for construction and/or renovation of School facilities.

The Town Manager reviews the New Business Items on this evening’s Agenda beginning with Item 12A concerning a citation congratulating Dorothea “Sherry” Vieira who celebrated her 100^th birthday on November 30, 2022.

New Business Item 12B concerns the withdrawal of an application to the RI Department of Environmental Management for approval of a land swap with South County Hospital for a portion of Town Farm Park.

New Business Item 12C authorizes the Tax Assessor to abate taxes in the total amount of $2,297.07.

New Business Item 12D concerns an award of contract to Axon Enterprises, Inc. for forty-eight (48) Body Worn Cameras, associated hardware and licensing for a 10-year period, in accordance with pricing contract per NASPO, contract #OK-MA-145-015 and as the approved vendor for the State of Rhode Island, in an amount not to exceed $651,921.

The Town Manager notes that there will be a Closed Executive Session this evening relative to litigation pertaining to D’Ambra Construction and 138 Development Associates, LLC, and collective bargaining re: IBPO Local 489.

Convened to Regular Session.

Susan M. Flynn, CMC

Town Clerk

REGULAR SESSION

DECEMBER 12, 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 12^th day of December 2022 at 7:30 PM.

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

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 November 28, 2022 are accepted, approved, and placed on file.

B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on November 21 and November 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) 6C. UNANIMOUSLY VOTED: to grant Victualling Licenses to the following; Renewals:

Auntie’s Kitchen, LLC d/b/a Auntie’s Kitchen, 237 Robinson Street, Wakefield, RI 02879. Application by Kathy Curley, Member. License No. 60895.

China Garden Li, 564 Kingstown Road, Wakefield, RI 02879. Application by Chaoying Li, Owner. License No. 59169.

(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Yankee Foods II, LLC d/b/a Go Pasta, 32 Old Tower Hill Road, Wakefield, RI 02879. Application by Jeff Cammans, Member; Renewals. License No. 75348.

(CA) 6E. UNANIMOUSLY VOTED: to grant a Holiday Sales License to Ski General, Inc. d/b/a Uncle Sam’s Army Navy Surplus, 548 Kingstown Road, Wakefield, RI 02879. Application by Rosalie Guttin, President; Renewal. License No. 59393.

(CA) 6F. UNANIMOUSLY VOTED: to grant Holiday Sales and Miscellaneous Peddler Licenses to Stuart Fishman d/b/a Ocean State Novelty, 3 Turano Avenue, Westerly, RI 02891. Application by Stuart Fishman, Owner; Renewals. License No. 71309.

(CA) 6G. UNANIMOUSLY VOTED: to grant a Victualling License for the year beginning December 1, 2021 to Golden Jade, Inc. d/b/a Peking Tokyo, 120 Fortin Road, Unit A, Kingston, RI 02881. Application by Cai Xiuyu, President; Renewal.

(CA) 12A. UNANIMOUSLY VOTED: to affirm a citation congratulating Dorothea “Sherry” Vieira who celebrated her 100^th birthday on November 30, 2022.

(CA) 12C. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $2,297.07, as shown on Tax Abatement Request No. 610.

LICENSES

A. Awut Chunlawat is present and after testimony and discussion, it is

UNANIMOUSLY VOTED: to grant a Victualling License to Mahachai, LLC d/b/a Tong Ta Thai Restaurant, 50 South County Commons Way, Wakefield, RI. Application by Awut Chunlawat, President; New. License No. 77186.

B. Bryan Ricard, Event Manager is present and after testimony and discussion, it is

UNANIMOUSLY VOTED: to grant a Temporary Mass Gathering Permit to conduct the Whiskey Wonderland Holiday Bazaar on December 17, 2022 from 12 p.m. to 8 p.m. to Sons of Liberty Spirits Company at their location, 1425 Kingstown Road, Wakefield, RI 02879 subject to administrative approvals. Application by Bryan Ricard, Event Manager; New. License No. TMG-22-3.

7. PUBLIC HEARINGS

A. Notice having been duly given, a Public Hearing continued from November 28, 2022 is held relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:

CLASS B VICTUALLER LIQUOR LICENSE

Transfer of a Class B Victualler Liquor License from Heng-D, LLC d/b/a Tong-D Restaurant, 50 South County Commons Way, Unit E1, Wakefield, RI 02879 by Angie H. Lim, Member to Mahachai, LLC d/b/a Tong Ta Thai Restaurant by Awut Chunlawat, Member, 50 South County Commons Way, Unit E1, Wakefield, RI 02879 for the first floor dining areas, in accordance with a Special Use Permit granted by the Zoning Board of Review on April 16, 2014; and as further defined in a site plan on file in the Town Clerk’s Office.

A communication dated November 14, 2022 from Paul J. Pisano, Esq. on behalf of his client, MS Walker of RI, and a communication dated December 12, 2022 from Sinapi Law Associates on behalf of their client Horizon Beverage filing creditor’s objections to this transfer are referenced and placed on file.

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: to approve the transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:

CLASS B VICTUALLER LIQUOR LICENSE

Said license is contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, filing of a Certificate of Insurance evidencing required liability coverage, compliance with all Town ordinances and regulations, the payment of any municipal taxes and user fees in arrears to the Town, the correction of any fire code violations, and satisfaction of all claims.

B. Notice having been duly given, a Public Hearing is held to consider proposed amendments to the South Kingstown Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis in the Town’s Commercial Highway (CH) and Industrial One (IND-1) Districts, as follows:

ARTICLE 3: USE REGULATIONS

Sec. 300. Schedule of use regulations.

* * *

B. Use code category. A "use code category" is a general category of uses, corresponding with section 301. These use code categories are as follows:

* * *

10 Marijuana/Cannabis-Related Uses

* * *

Sec. 301. Schedule of Use Regulations Table.

* * *

10.0 MARIJUANA/CANNABIS-RELATED USES

USE
CODE

USE

R200

R80

R40

R30

R20

R10

NOTES

100

Marijuana retail facility

See section 504.15

101

Marijuana

cultivation facility

See section 504.15

102

Marijuana

emporium

103

Cannabis retailer/

hybrid cannabis retailer

See section 504.15

104

Cannabis cultivator

105

Cannabis product manufact-urer

106

Cannabis testing laboratory

See section 504.15

* * *

10.0 MARIJUANA/CANNABIS-RELATED USES
USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	NOTES
100	Marijuana retail facility	S	N	N	N	N	Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
101	Marijuana cultivation facility	S	N	N	N	N	Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
102	Marijuana emporium	N	N	N	N	N
103	Cannabis retailer/hybrid cannabis retailer	N	N	N	N	N
104	Cannabis cultivator	S	N	N	N	N	See section 504.15
105	Cannabis product manufacturer	S	N	N	N	N	See section 504.15
106	Cannabis testing laboratory	N	N	N	N	N

* * *

ARTICLE 5: SUPPLEMENTARY REGULATIONS

* * *

Sec. 504. Special use permits.

* * *

504.15. Marijuana/cannabis-related uses.

I. Marijuana retail facilities, and/or marijuana cultivation facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

A. The application for a special use permit shall provide the legal name and address of the retail or cultivation facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the development plan approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island "Rules and Regulations Related to the Medical Marijuana Program Administered by the Department of Business Regulation," Regulation 230-RICR-800-05-1.

B. The marijuana retail facility must not be located within:

1. One thousand (1,000) feet from a pre-existing public or private school, or pre-school, or any licensed day-care center, not including higher education facilities; or

2. Two thousand (2,000) feet from any other marijuana retail facility or marijuana cultivation facility.

C. The distances specified in the immediately preceding section B. shall be measured by a straight line from the nearest property line of the premises on which the proposed marijuana retail facility or marijuana cultivation facility is to be located to the nearest property line of any of the other designated uses set forth therein.

D. Hours of operation for a marijuana retail facility or marijuana cultivation facility shall be limited to 8:00 a.m. to 8:00 p.m.

E. The proposed facilities shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.

F. Development plan review and approval shall be required prior to application for the special use permit and is to be conducted by the planning board. In addition to the development plan review standards set forth in the subdivision and land development regulations, the planning board shall ensure compliance with the following conditions:

1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

2. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

3. Lighting is provided to illuminate the marijuana retail facility or marijuana cultivation facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

4. Development plan review applications for all marijuana cultivation facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by the department of public services prior to issuance of the development plan approval.

G. All marijuana retail facilities and marijuana cultivation facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

II. Cannabis-related facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

A. The application for a special use permit shall provide the legal name and address of the cannabis facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the development plan approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island Cannabis Control Commission and/or Department of Business Regulation.

B. Pursuant to Sec. 21-28.11-17.1(b)(3) of the Cannabis Act, the cannabis facility must not be located within:

1. Five hundred (500) of a pre-existing public or private school providing education in kindergarten or any of grades one through twelve (12). This distance shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis facility is to be located to the nearest property line of the parcel on which the school is located.

C. The proposed facility shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and shall ensure that each location has an operational security/alarm system.

D. Development plan review and approval shall be required prior to application for the special use permit, and is to be conducted by the planning board. In addition to the development plan review standards set forth in the subdivision and land development regulations, the planning board shall ensure compliance with the following conditions:

1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

3. Lighting is provided to illuminate the cannabis facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

4. Development plan review applications for all cannabis facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by the department of public services prior to issuance of the development plan approval.

E. Cannabis retailers/hybrid cannabis retailers shall only be permitted where ingress and egress to the facility is via direct access from State Route 108, or Old Tower Hill Road.

F. All cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

* * *

ARTICLE 12: DEFINITIONS

Add the following definitions:

"Cannabis cultivator" means, as defined under Sec. 21-28.11-3(11) of the Rhode Island Cannabis Act, an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers.

"Cannabis product manufacturer” means, as defined under Sec. 21-28.11-3(14) of the Rhode Island Cannabis Act, an entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and cannabis products to other cannabis establishments, but not to consumers.

"Cannabis retailer" means, as defined under Sec. 21-28.11-3(16) of the Rhode Island Cannabis Act, an entity licensed pursuant to § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.

"Cannabis testing laboratory'' means, as defined under Sec. 21-28.11-3(17) of the Rhode Island Cannabis Act, a third-party analytical testing laboratory that is licensed annually by the commission, in consultation with the department of health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the commission and is: (i) Independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and (ii) Qualified to test cannabis in compliance with regulations promulgated by the commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in § 21-28.11-11.

"Hybrid cannabis retailer" means, under Sec. 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non-medical or adult use cannabis to consumers.

Marijuana retail facility means any facility that may, under state law, acquire, possess, supply or dispense marijuana, and/or related supplies and educational materials, but does not cultivate marijuana on-site, including, but not limited to, compassion centers, as defined in R.L. § 21-28.6-3, provided that compassion centers that cultivate marijuana on-site shall be considered marijuana cultivation facilities. Facilities in which marijuana is sold or dispensed for immediate, on-site use or consumption shall be considered marijuana emporiums. This shall not include a cannabis retailer or hybrid cannabis retailer, as defined herein.

Marijuana cultivation facility means any facility that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply or otherwise process marijuana, including, but not limited to, facilities run by licensed cultivators, as defined in R.L. § 21-28.6-3, and cooperative cultivations pursuant to R.L. § 21-28.6-14. Compassion centers, as defined in R.L. § 21-28.6-3, which do not cultivate marijuana on-site, shall be considered marijuana retail facilities. This shall not include a cannabis cultivator, as defined herein.

Marijuana emporium means any retail or commercial establishment, or club, whether for-profit, non-profit, or otherwise, at which marijuana is used and/or sold or dispensed for immediate, on-site use or consumption. This shall include without limitation any so-called "vapor lounge," or any other establishment at which marijuana is consumed in vaporized form. This shall not include marijuana retail facilities or marijuana cultivation facilities, as defined herein.

James Rabbitt, Director of Planning gives a presentation on the proposed amendments to the Zoning Ordinance associated with the sale, cultivation, and/or manufacturing of recreational cannabis in the Town’s Commercial Highway (CH) and Industrial One (IND-1) Districts. Mr. Rabbitt reviews the amendments to Article 3 Use Regulations to include “cannabis” as a term referring to recreational cannabis sales, cultivation, and manufacture. The new use would be allowed in CH and IND-1 districts by Special Use Permit. It is noted that the proposed regulations mirror the existing use regulations for medical marijuana facilities. Under Section 504.15 of Article 5 Supplementary Regulations, medical marijuana facilities must not be located within 1,000 feet of any school; in accordance with state law recreational cannabis facilities must not be located within 500 feet of any school; and cannabis retailers/hybrid cannabis retailers shall only be permitted where ingress and egress to the facility is via direct access from State Route 108, or Old Tower Hill Road.

Discussion ensues relative to the Town’s inability to limit the number of cannabis facilities, Sweet Spot Dispensary’s location on Pershing Avenue does not appear to meet the requirements for recreational cannabis sales, and the different school setbacks for medical marijuana and recreational cannabis facilities. Mr. Rabbitt notes the 500-foot school setback for recreational cannabis facilities was adopted into law by the state.

Further discussion ensues relative to limiting the size of marijuana/cannabis facilities and the existing ability to limit retail space sizes.

Michael Ursillo, Town Solicitor clarifies that regular retail space requirements are under the purview of the Town whereas marijuana/cannabis facility requirements are regulated by the state. Mr. Ursillo advises that the amendments to the proposed Zoning Ordinance be adopted in order to have regulations in place prior to the state issuing marijuana/cannabis licenses, and that further amendments to the ordinance could be adopted as needed.

Mr. Rabbitt continues his presentation detailing the proposed allowance of cannabis cultivation, manufacture, production and modification within the Industrial One (IND-1) zone, and allowance of cannabis retail sales and testing within the Commercial Highway (CH) zones. Mr. Rabbitt reviews maps showing the primary area locations of the IND-1 and CH zones. The industrial zones include the Fairgrounds Road, Waites Corner Road and Liberty Lane area, Dam Street area, Railroad Street and Church Street area, and the Main Street and High Street area. Commercial Highway zones include Rolens Drive to the Allison’s Avenue area, Old Tower Hill Road and Kingstown Road area.

Discussion ensues relative to the Planning Board’s review of zones for allowing this use, and their recommendation that recreational cannabis facilities be allowed in the existing zones that allow medical marijuana facilities; the potential for allowing cannabis at South County Commons; and permissible areas for cannabis cultivation.

Council President McEntee invites residents to come forward with comments.

Bella Noka is present and comments on the changes in marijuana terminology, applicant process, and people imprisoned for marijuana-related crimes.

Susanna Vasquez is present and comments that the proposed districts are in lower income areas.

Brent Jones is present and comments on the average age a person begins using marijuana, the effects marijuana has on the brain, and suggests the Town work with the RI League of Cities and Towns to increase the 500-foot school setback.

Jim O’Neill is present and comments on the location for recreational and medical cannabis/marijuana facilities, and the state’s issuance of licenses by zone.

Mr. Rabbitt responds that hybrid cultivator/retailer facilities are not allowed in the IND-1 zones.

Elizabeth Scott is present and comments on the differences in clientele for medical marijuana and recreational cannabis, and the proposed zones being in lower income areas.

Dorald Beasley is present and comments on the referendum results allowing the sale of recreational cannabis, the business model of the cannabis industry and the excise tax percentages that go to the state and the Town.

Susanna Vasquez comments on safeguards that should be put in place if recreational cannabis were to be allowed within the proposed districts that are near lower income areas.

Discussion ensues relative to the Town’s ability to limit the areas within a zone to allow recreational cannabis.

The Town Solicitor addresses previous questions relative to the state’s method of awarding licenses and the number of licenses allowed in each geographic zone. It is noted that the RI Department of Business Regulation (DBR) does not currently have a method to award licenses but that four licenses will be allowed in each of six geographic zones.

Roberta Mulholland is present and comments on the proposed districts being in low income and minority areas.

The Town Solicitor notes that DBR is going to be issuing recreational cannabis licenses soon and emphasizes the importance of having regulations in place.

Discussion ensues relative to creating a new district specifically for retail sales of recreational cannabis or creating overlay districts in existing CH zones to allow for retail sales. Further discussion ensues relative to having the Planning Board explore additional modifications to the proposed zoning amendments.

Mr. Rabbitt reviews the following options: adopt the zoning amendments as is and direct the Planning Board to explore additional modifications; delay a decision and send the amendments back to the Planning Board to review potential overlay districts; or table this item and explore the options as a Council. Mr. Rabbitt also reviews public hearing notice requirements if the Council were to pursue changing zones, and the permitting process for Special Use Permits (SUP) by the Zoning Board of Review and Developmental Plan Review by the Planning Board.

Discussion ensues relative to the timeline for Planning Board and Town Council reconsideration of zones, and the potential for creating overlay districts.

Ronald Bergeron is present and asks if the Town could add overlay districts after adopting the proposed zoning ordinance.

Discussion ensues relative to the options presented, and it is

UNANIMOUSLY VOTED: to table a Public Hearing relative to proposed amendments to the South Kingstown Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis in the Town’s Commercial Highway (CH) and Industrial One (IND-1) Districts, and refer the matter back to the Planning Board and Town Solicitor for additional development of overlay districts.

8. COMMUNICATIONS

A. UNANIMOUSLY VOTED: that an email dated November 28, 2022 from Richard Barker Grant proposing the Town partner with RI Department of Transportation and the University of RI to create a transportation center located at the University of RI is received and placed on file.

The Town Manager’s Report Item 10A and New Business Item 12B are brought forward.

10. TOWN MANAGER’S REPORT

A. The Town Manager reviews discussions with South County Hospital (SCH) regarding additional parking options for the hospital, including potential use of space at the Public Services Building. SCH is interested in purchase of the property and the Town Solicitor is researching to verify that there are no potential restrictions or issues. The purchase of the Public Services Building would require the relocation of approximately 12 employees, and the EMS facility would remain at the site.

12. NEW BUSINESS

B. UNANIMOUSLY VOTED: to authorize the withdrawal of an application to the RI Department of Environmental Management (RIDEM) for approval of a land swap with South County Health for a portion of Town Farm Park.

10. TOWN MANAGER’S REPORT (continued)

B. The Town Manager reviews the newly established process and availability of applications for American Rescue Plan Act (ARPA) funding for affordable housing and human services and outside agencies. The Town will be accepting applications until January 17, 2023, and they would be brought to the Town Council for authorization to distribute/award funds.

Lucas Murray, Director of Administrative Services reviews the timeline for distribution of the funds approximately in Spring 2023, and notes that affordable housing applications will require Planning Board review prior to Council approval. The applications are available on the Town website under the Planning Department and will be advertised on social media.

C. The Town Manager introduces Lucas Murray, Director of Administrative Services and Chairman of the School Building Committee (SBC), Brian Sylvia, Finance Director, and Phil Conte, Project Architect with Studio JAED to present the SBC’s proposed options for construction and/or renovation of School facilities.

Mr. Murray gives a brief overview of the SBC’s purpose and goals, activities, and the submission of their Stage I application to the RI Department of Education (RIDE). The SBC is primarily focusing on project options for the High School, and the Town has been closely working with RIDE to maximize reimbursements. The SBC has also been evaluating the potential fiscal impacts of the project options. It is noted that the SBC is advisory. Mr. Murray reviews the project timeline beginning with the project formulation by March 2023, Stage II application submission and Bond legislation by June 2023, potential bond vote in Fall of 2023, execution of the construction contract by December 2023, and a target date for start of construction in Summer 2024.

Phil Conte, Project Architect with Studio JAED gives a presentation on the district needs, projects, and costs. Studio JAED has conducted facility condition assessments, held interviews with school faculty, assessed educational adequacy of facilities, and held community surveys/input sessions. Mr. Conte reviews the two main focus areas starting with preservation. Preservation entails maintaining the asset or deferred maintenance which includes HVAC, electrical, plumbing, roofs, and repairs. It is noted that these types of projects are often put off due to lack of funds, time, or resources, and it has been assessed that deferred maintenance is needed. The 10-year forecast for the deferred maintenance needs is $102.8 million, and another $37.5 million for immediate deferred maintenance needs. The second focus area is innovation, this includes programmatic improvements such as student centric projects focused on improving teaching and learning; the impact of the building layout, efficiency, and useability; major renovations, additions, and new construction; and making facilities future ready. The programmatic needs for all of the schools excluding the High School amount to a cost of $20 million.

Mr. Conte reviews the challenges with the High School facility. The 10-year forecast for preservation of the existing facility without any programmatic improvements would cost approximately $49.5 million. The current building is oversized and only 50% of the building is being fully utilized. Enrollment is projected to be 703 students by 2026 and the right sizing for the building equates to operational savings over the long term. The improvement options for the High School are innovation which entails new construction, and the second option is preservation with benefits that would entail deferred maintenance, basic innovation, and an update to the athletic fields. It is noted that the athletic fields update is not reimbursable by RIDE. Mr. Conte reviews the projects for funding consideration.

Mr. Murray reviews the documented need to upgrade school facilities and that public education is becoming competitive. The decision made on the school facilities will impact the cultural and financial state of the Town, and the construction and/or renovation of school facilities is time sensitive due to the bonus reimbursements running out in December 2023. The Town could receive up to $0.525 for every $1 that the community spends on upgrades plus 15% of Pay Go which is upfront funding that will significantly reduce the Town’s bonding debt if the Town executes a construction contract by December 2023. If a contract is executed after December 2023, the Town would not be eligible for the bonus reimbursements and would only receive up to $0.35 for every $1 with no Pay Go funding.

Mr. Murray presents the fiscal analysis assumptions of a 20-year bond term, a FY 2025-2026 bond issuance with a slow ramp up of funding, an assumed interest rate of 4.25%, Pay Go funds included, and an average assessed home value of $401,370 as of December 31, 2021. Mr. Murray reviews the annual Town debt service based on the bond amount and the estimated taxpayer cost for the average home value.

Discussion ensues relative to the useful life of the buildings. Mr. Conte notes that RIDE regulations require the buildings be designed and built for a 50-year life span.

Discussion ensues relative to increasing the 20-year bond term to a 30-year in order to reduce the debt service annually, the increased amount of interest that would need to be paid with a longer bond term, and how other cities and towns are approaching project funding considerations.

Mr. Murray notes the SBC explored two sites for the new high school, both have the same price structure.

Discussion ensues relative to debt service, the ability to use any anticipated operational savings to offset costs, and compliance with the 4% tax levy cap.

Brian Silvia, Finance Director clarifies that the Town could exceed the 4% tax levy cap for a new debt, and after receiving direction a plan could be developed to phase in the funding over a number of years. It is noted that the Town has a debt service reserve that already has several million dollars in it and can phase in the payments over a number of years.

Mr. Murray reviews the bond rating analysis. The Town has low bonded debt, and an excellent bond rating. Mr. Murray notes that any borrowing may impact the Town’s bond rating, and explains the bond rating considerations.

Mr. Silvia notes that the Town is in a sound financial position to bond for a preservation or innovation project.

Mr. Murray requests Town Council guidance on how much the Town wants to budget to invest in the schools and preferred areas of investment.

Mark Prince, School Superintendent responds to previously asked questions relative to school operational savings and cost sharing efforts. The closing of two schools and consolidation of students will produce one year of savings. Annual budget requests are based on educational requirements.

Discussion ensues relative to operational savings, school budgetary information, investigating efficiency savings, and grant opportunities.

Discussion ensues relative to funding lost due to CTE and Charter schools, and the loss of students due to better programs or facilities at other schools. Further discussion ensues relative to the costs of deferred maintenance versus a new building, the useful life of each building, and the financial options.

UNANIMOUSLY VOTED: to continue business past 11:00 PM.

9. COMMENTS FROM INTERESTED CITIZENS

Council President McEntee invites residents to come forward with comments.

Lynne Harper is present and thanks the Town Council for withdrawing their application with RIDEM for the Town Farm Park land swap with SCH. Ms. Harper asks if Town Farm Park will be considered protected land and if SCH is pursuing alternative parking options.

The Town Solicitor reviews the SCH parking options, and notes that the land is under a federal perpetuity clause.

Randy Noka is present and comments on the significance of Town Farm Park to the Narragansett Tribe and his appreciation of the Council’s withdrawal of the land swap application.

The Town Solicitor reviews the perpetuity clause by the federal grant of monies which provides for a land swap option, and the archaeological report with the probability of human remains on the site.

Randy Noka comments in opposition to SCH seeking parking on Town Farm Park.

Greg Sweet is present and comments on the state reimbursement amount per square foot for a new high school.

Mr. Murray and Mr. Conte respond that the Town is responsible for any of the costs over the reimbursable amount per square foot, and review the other eligible costs for reimbursement.

Mr. Sweet expresses the importance of finding operational savings and considering municipal needs as well.

Dina Lynn Spears, Narragansett Tribe Community Planner and Natural Resources Director is present and thanks the Council for listening to the community.

Susanna Vasquez thanks the Town Council for withdrawing their application for the Town Farm Park Land Swap and comments on her concerns regarding protection of land.

Dorald Beasley comments on the maximum load school building capacity for high schools, the number of school age students within the Town and how many students go to other school districts or charter schools.

Roberta Mulholland is present and thanks the Council for working together and listening to the community.

Andrew Prescott, General Counsel for South County Health is present asks the public to stop demonizing the hospital administration and asserts that the hospital and the Town had no knowledge of Native American artifacts present at the site until after the archaeological study was conducted. It is also noted that the archaeological study did not reflect any notation that human remains could potentially be on the property.

Ronald Bergeron, 300^th Anniversary Steering Committee Member promotes the upcoming 300^th Anniversary Town Hall lighting ceremony.

Shane Vasquez is present and comments on Town Farm Park becoming a potential historic graveyard, and in support of the proposed school building projects.

Dorald Beasley comments on school cost savings, heating systems, and number of school faculty.

11. APPOINTMENTS

UNANIMOUSLY VOTED: to appoint Leslie Kennedy to the Affordable Housing Collaborative Committee for a term to expire in August 2025.

UNANIMOUSLY VOTED: to reappoint William Wallace as the Tree Warden for the Town of South Kingstown for the year 2023.

12. NEW BUSINESS

D. The Town Manager gives a brief overview of the purpose of the body worn cameras and notes the RI Department of Public Safety has awarded the Town with a $420,000 grant over five years to fund the purchase of the cameras. These cameras are essential to ensuring transparency and safety.

UNANIMOUSLY VOTED: to authorize an award of contract to Axon Enterprises, Inc., 17800 N 85^th Street, Scottsdale, AZ 85255 for forty-eight (48) Body Worn Cameras, associated hardware and licensing for a 10 year period, in accordance with pricing contract per NASPO, contract #OK-MA-145-015 and as the approved vendor for the State of Rhode Island, in an amount not to exceed $651,921; as further described in a memorandum from the Police Chief to the Town Manager dated December 8, 2022 and entitled “Award Recommendation – Body Worn Cameras.”

13. CLOSED EXECUTIVE SESSION

UNANIMOUSLY VOTED: to recess to Closed Executive Session at 12:00 AM pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: Town of South Kingstown v. D’Ambra Construction, et al, and re: Town of South Kingstown v. 138 Development Associates, LLC et al; and pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to collective bargaining re: IBPO Local 489.

Regular Session is reconvened at 12:09 AM.

UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: Town of South Kingstown v. D’Ambra Construction, et al, and re: Town of South Kingstown v. 138 Development Associates, LLC et al; and pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to collective bargaining re: IBPO Local 489.

It is noted that two votes regarding litigation were taken during the Closed Executive Session.

UNANIMOUSLY VOTED: to adjourn at 12:10 AM.

Susan M. Flynn, CMC, Town Clerk