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WORK SESSION
MARCH 14, 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 14th day of March 2022 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
1. A. INTERVIEWS
The Town Council interviews Thomas Daniels concerning his interest in being reappointed to the Zoning Board of Review.
The Town Council interviews Kevin Diamond concerning his interest in being appointed to the Zoning Board of Review.
The Town Council interviews John McGinn concerning his interest in serving on the Conservation Commission, Economic Development Committee and Zoning Board of Review.
1. B. WORK SESSION 
Discussion ensues relative to License Item 6A concerning an application by the Courthouse Center for the Arts for Theater and Dance Licenses in conjunction with Public Hearing Item 7A for a Class T Legitimate Theater Liquor License. The Town Solicitor suggests continuing the Public Hearing to the next regular meeting until the applicant can obtain a Certificate of Good Standing and complete outstanding requirements.
Theresa L. Murphy, Interim Town Manager reviews new license applications, beginning with License Item 6B regarding the Victualling License for Cantina del Rio, LLC.
The Interim Town Manager reviews License Items 6C and 6D applications by the National MS Society and the Never Dunne Foundation for Special Events Licenses.
The Interim Town Manager reviews License Item 6E granting a Class F 19 Hour Beverage License to Hera Gallery.
The Interim Town Manager reviews Public Hearing 7B concerning an application by Cantina del Rio, LLC to transfer a Class B Victualler Liquor License from one Member to another.
The Interim Town Manager reviews the Communications on this evening’s Agenda, beginning with Item 8E, two resolutions from the Barrington Town Council. The first resolution is relative to lifting State restrictions on how much solar energy residents are allowed to generate, and it is at the discretion of the Council to receive and file or refer to the Sustainability Committee. The second resolution is relative to legislation to create a Rhode Island broadband development program that would allow a Coordinator at the State level to lead the Broadband Council and allow the State to request funds for broadband technology opportunities.
Communication Item 8F concerns a letter dated March 2, 2022 from David Flanders, Chairman conveying the Conservation Commission’s request that the Town Council consider banning 50 ml. miniature plastic alcohol bottles. It is recommended that this be referred to the Economic Development Committee. The Town Solicitor notes that legislation on this topic is pending in the General Assembly.
Communication Item 8G is an email dated March 4, 2022 from Kateri Collins concerning the School Resource Officer program. A copy of the Memorandum of Understanding between the School Department and Police Department was sent to Ms. Collins.
Communication Item 8H concerns an email dated March 6, 2022 from William Boardman requesting congratulations for Sophia Boardman for being the first female to attain the Eagle Scout award.
Communication Item 8I concerns a resolution adopted by the Middletown Town Council in support of ARPA proposals for Municipal Learning Centers contained in Article 1, Section 16 of the Governor’s Proposed Budget.
Communication Item 8J concerns a resolution adopted by the Woonsocket City Council in opposition to Senate Bill S2244 and House Bill H7198 entitled An Act Relating to Labor and Labor Relations -- Municipal Employees' Arbitration. It is recommended to endorse opposition of this legislation.
The Interim Town Manager notes that the Town Solicitor will provide an update on the Town Manager search.
The Interim Town Manager reviews New Business Items, beginning with Item 13A adopting a proclamation recognizing March 6 – March 12, 2022 as Girl Scout Week. The item will be brought up at the beginning of the meeting after the scouts lead the pledge.
Discussion ensues relative to New Business Item 13B adopting the Town Beach Policy for season 2022; there are no changes to the fees with the exception of the storage unit rental fees; and beach pass limitations have been lifted.
New Business Item 13D is an award of bid to South County Umpires Association for umpire services.
New Business Item 13E would authorize the Interim Town Manager to execute a grant agreement with the Narragansett Bay Estuary Program related to the Green Hill Pond watershed.
New Business Item 13F would extend the Town’s Declaration of Emergency.
New Business Item 13G concerns an award of contract for the furnishing, installation and upgrading of the Building Management System with regard to HVAC operations at the Public Safety Complex.
New Business Item 13H concerns an Order of Notice for a Public Hearing on an application by South County Hospital for amendments to the Zoning Ordinance and Zoning Map.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
MARCH 14, 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 14th day of March 2022 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
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 4 members are present. Councilwoman Rose is absent.
New Business Item 13A is brought forward and presented, and it is
UNANIMOUSLY VOTED: to adopt a proclamation recognizing Girl Scout Week as follows:
GIRL SCOUT WEEK
MARCH 6 – MARCH 12, 2022
WHEREAS, Saturday, March 12, 2022 marks the 110th anniversary of Girl Scouts of the U.S.A., founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and
WHEREAS, through Girl Scouting, girls grow in courage, confidence and character, and learn to make the world a better place; and
WHEREAS, throughout its long and distinguished history, Girl Scouts – the pre-eminent organization for girls – has inspired millions of girls and women with the highest ideals of character, conduct and patriotism; and
WHEREAS, Girl Scouting takes an active role in increasing the interest and skill levels of today’s youth in math, science and technology careers and to fulfill our country’s economic needs; and
WHEREAS, through participation in Project Undercover, a council wide community service project, every girl will learn that she can make a change for the better in her community; and
WHEREAS, the Girl Scout cookie sale is the world’s largest girl-led business, teaching financial literacy to girls of all ages.
WHEREAS, the Girl Scouts of Southeastern New England which serves 12,000 girls in the Rhode Island area will be celebrating 110 years of an American tradition with more than 2.5 million current Girl Scout members nationwide.
NOW, THEREFORE WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim the week of March 6-12, 2022 as Girl Scout Week in the Town of South Kingstown and urge our citizens to support Girls Scouts in their endeavors.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on February 14 and February 28, 2022 are accepted, approved, and placed on file.
B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on February 14, February 19 and February 28, 2022 are accepted, approved, and placed on file.
C. Closed Executive Sessions: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Sessions held on February 14 and February 19, 2022 are accepted.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6F. UNANIMOUSLY VOTED: to grant Victualling Licenses to the following; Renewals:
Howley Bread Group d/b/a Panera Bread, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Lindsey Broderick, Accounting. License No. 73475.
Ocean State Waves, Inc. d/b/a Ocean State Waves, PO Box 443, Wakefield, RI 02880. Application by Eric Hirschbein-Bodnar, President. License No. 64304.
(CA) 6G. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:
New Wave Kitchen, LLC d/b/a New Wave Kitchen, 99 Fortin Road, Suite 108, Kingston, RI 02881. Application by Matthew Reagan, Member. License No. 73475.
Starbucks Corporation d/b/a Starbucks Coffee #2798, 600 Kingstown Road, Wakefield, RI 02879. Application by Jandi Gamboa, License Analyst. License No. 59601.
Sweet Althea’s, LLC d/b/a Sweet Althea’s, 542 Kingstown Road, Wakefield, RI 02879. Application by Kim Curtis, Member. License No. 62146.
(CA) 6H. UNANIMOUSLY VOTED: to grant a Holiday Sales License to The Purple Cow Company d/b/a The Purple Cow, 205 Main Street, Wakefield, RI 02879. Application by Melinda Witham, President. License No. 59852.
(CA) 8A. UNANIMOUSLY VOTED: that a resolution adopted February 15, 2022 by the Richmond Town Council approving the Mutual Aid Agreement between the Richmond and South Kingstown Police Departments is received and placed on file.
(CA) 8B. UNANIMOUSLY VOTED: that a resolution adopted February 23, 2022 by the Burrillville Town Council in opposition to House Bill 2022 H6638 and Senate Bill 2022 S2340 An Act Relating To Towns and Cities – Zoning Ordinances that would prohibit single-family residential zoning in municipalities with populations greater than 20,000 and mandate that those municipalities adopt zoning regulations for middle housing in single-family residential zones is received and placed on file.
(CA) 8C. UNANIMOUSLY VOTED: that a letter dated February 28, 2022 from Jeanne-Marie Napolitano, Mayor of Newport, extending an invitation to the city’s 66th Annual Saint Patrick’s Day Parade on Saturday, March 12th is received and placed on file.
(CA) 8D. UNANIMOUSLY VOTED: that an email dated March 1, 2022 from Kristine Winslow Rolofson concerning a proposed EMS facility on Ministerial Road is received and placed on file.
(CA) 8K. UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --… “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
(CA) 13C. UNANIMOUSLY VOTED: to authorize an award of bid to AB Hoxie, 3810 Old Post Road, Charlestown, RI 02813 for replacement of the irrigation well pump at Curtis Corner athletic fields in accordance with all bid specifications, in an amount not to exceed $9,500, including a contingency; and as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town Manager dated March 3, 2022 and entitled “Bid Recommendation – Irrigation Well Pump Replacement.”
(CA) 13I. 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. Mariann Almonte is present, and testifies. Discussion ensues relative to the license application process and outstanding requirements applicant must complete before the Theater and Dance Licenses can be issued, and it is
UNANIMOUSLY VOTED: to grant Theater and Dance Licenses to South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI 02892. Application by Mariann Almonte, Executive Director; Renewal; subject to conditions of approval in relation to any required fees and paperwork.
B. Jose Antonio Santillian Corona and Ramon Michel are present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Victualling License to Cantina Del Rio, LLC d/b/a Cantina Del Rio, 515 Kingstown Road, Wakefield, RI 02879. Application by Jose Antonio Santillian Corona, Member; New. License No. 73954.
C. Maura Bushior, Development Manager is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Special Events License to the National MS Society, 101A First Avenue, Suite 6, Waltham, MA 02451 to conduct a portion of the Bike MS: Ride The Rhode in the Town of South Kingstown on Saturday, June 11 and Sunday, June 12, 2022 at 7:00 AM subject to the execution of a hold harmless agreement indemnifying the Town, issuance of a Certificate of Insurance naming the Town as an additional insured in the amounts specified by the Finance Director, and approval by the RI Department of Transportation. Application by Emily Rivera, Events Coordinator; Renewal. License No. 74244.
D. Reagan Dunne is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Special Events License to the Never Dunne Foundation, 17 Fairport Avenue, Narragansett, RI 02882 to conduct a portion of a car parade in the Town of South Kingstown on Sunday, May 1, 2022 at 11:00 AM subject to the execution of a hold harmless agreement indemnifying the Town, and Certificates of Insurance provided by the participants. Application by Reagan Dunne, Member; New. License No. 74006.
E. Donna Gustafson, Treasurer is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19 Hour Beverage License to Hera Gallery and Educational Foundation for the Winter Bash fundraiser event to be held on Friday, April 1, 2022 from 5 PM to 10 PM at 10 High Street, Wakefield, RI 02879. Application by Sonja Czekalski, Gallery Director; New. License No. 73981.
7. PUBLIC HEARINGS
A. A Public Hearing is continued from February 28, 2022 relative to an application for renewal of a Class T Legitimate Theater Liquor License by South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI.
Mariann Almonte is present and testifies relative to the outstanding requirements that must be completed before the Class T Legitimate Theater Liquor License can be issued. Discussion ensues, and it is
UNANIMOUSLY VOTED: to continue to March 28, 2022 a Public Hearing, continued from December 13, 2021, January 10, and February 28, 2022, relative to an application for renewal 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 T LEGITIMATE THEATER LIQUOR LICENSE
Application for renewal of a Class T Legitimate Theater Liquor License by South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI by Mariann Almonte, Executive Director for the first and second floor of the building, in accordance with a Special Use Permit granted by the Zoning Board of Review on November 28, 2012; and as further defined in a site plan on file in the Town Clerk’s office.
B. Notice having been duly given, a Public Hearing is held relative to an application to transfer a Class B Victualler Liquor License from Cantina Del Rio of South Kingstown, LLC d/b/a Cantina Del Rio, 515 Kingstown Road, Wakefield, RI by Ramon Michel, Member to Cantina Del Rio of South Kingstown, LLC d/b/a Cantina Del Rio by Jose Antonio Santillian Corona, Member, 515 Kingstown Road, Wakefield, RI.
Jose Antonio Santillian Corona is present and testifies regarding the ownership transfer of the LLC.
Discussion ensues relative to outdoor dining services, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to grant 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 Cantina Del Rio of South Kingstown, LLC d/b/a Cantina Del Rio, 515 Kingstown Road, Wakefield, RI by Ramon Michel, Member to Cantina Del Rio of South Kingstown, LLC d/b/a Cantina Del Rio by Jose Antonio Santillian Corona, Member, 515 Kingstown Road, Wakefield, RI for the first floor dining room and bar area in accordance with a Special Use Permit granted by the Zoning Board of Review on May 19, 2010; and as further defined in a site plan on file in the Town Clerk’s office. License No. 73954.
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, and the correction of any fire code violations.
8. COMMUNICATIONS
E. UNANIMOUSLY VOTED: that a resolution adopted February 7, 2022 by the Barrington Town Council relative to enabling residential solar to better contribute to the State’s renewable electricity goals is referred to the Sustainability Committee, and a resolution requesting legislation to create the Rhode Island Broadband Development Program is received and placed on file.
F. Matt Bradywood, Conservation Commission Member is present and discusses the Conservation Commission’s proposed amendments to the Town’s Plastic Reduction Ordinance.
Discussion ensues regarding the economic impacts of the proposed amendments, and importance of education on correct recycling habits.
UNANIMOUSLY VOTED: that a letter dated March 2, 2022 from David Flanders, Chairman conveying the Conservation Commission’s request that the Town’s Plastic Reduction Ordinance be amended to include 50 ml. miniature plastic alcohol bottles is received, placed on file and referred to the Economic Development Committee.
G. Discussion ensues relative to the School Resource Officer (SRO) Program. It is noted that the South Kingstown High School SRO is paid by the Police Department, and the cost of the Middle School SRO is split between the Town and the School.
UNANIMOUSLY VOTED: that an email dated March 4, 2022 from Kateri Collins concerning the School Resource Officer program is received and placed on file.
H. UNANIMOUSLY VOTED: that an email dated March 6, 2022 from William Boardman requesting congratulations for Sophia Boardman for being the first female to attain the Eagle Scout award is received, placed on file, and the Town Council directs staff to prepare a resolution for the Eagle Scout and invite her to the March 28, 2022 Town Council Meeting.
I. UNANIMOUSLY VOTED: that a resolution adopted March 7, 2022 by the Middletown Town Council in support of ARPA proposals for Municipal Learning Centers contained in Article 1, Section 16 of the Governor’s Proposed Budget is received and placed on file.
J. UNANIMOUSLY VOTED: that a resolution adopted March 7, 2022 by the Woonsocket City 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, placed on file, and the Town Council voted to endorse the opposition to the legislation.
9. COMMENTS FROM INTERESTED CITIZENS
Council President McEntee invites residents to come forward with comments.
Bill McCusker, President of Friends of the Saugatucket, is present and comments on the frequency and quantities of nips bottle litter, and submits photos of litter collected by the volunteers.
Discussion ensues relating to the inability to recycle nips bottles, and the Conservation Commission and the Friends of the Saugatucket are thanked for their hard work and dedication on the matter.
10. TOWN MANAGER’S REPORT
The Interim Town Manager gives an update on the resolution adopted by the Burrillville Town Council in opposition to House Bill 2022 H6638 and Senate Bill 2022 S2340 An Act Relating To Towns and Cities – Zoning Ordinances, that was referred to the Planning Board for consideration at their March 8, 2022 meeting, and will follow up on the reporting of the meeting. The Planning Board is holding a Public Hearing on the Matunuck Beach Road Condominium Project on March 24, 2022. $7.5 million in general obligation bonds, approved by the voters in November 2020, were recently sold to provide financing for Municipal Capital Projects and the Neighborhood Guild building renovations. The Town Council will adopt its Preliminary Budget at a meeting on March 21, 2022. The Town Council will hold a Public Information Session on March 28, 2022 relating to the proposed EMS facility. Matunuck Seawall project is in Phase 2. Thanks to retiring Police Chief Ewing-Chow for his great leadership and service in South Kingstown. Zack Saul, former Finance Director is currently working in an advisory capacity within the Finance Department. The Town Manager’s Interim Report dated March 3, 2022, and the Miscellaneous Report dated March 10, 2022 are accepted, approved and placed on file.
Police Chief Ewing-Chow thanks the Town Council for their support.
11. TOWN SOLICITOR’S REPORT
A. The Town Solicitor reports that an agreement has been reached on a contract; and suggests that an item appointing the new Town Manager and approving the contract be placed on the March 21, 2022 Agenda.
12. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint Thomas Daniels to the Zoning Board of Review for a term to expire March 2025.
UNANIMOUSLY VOTED: to appoint Kevin Diamond as Alternate #1 to the Zoning Board of Review for a term to expire March 2025.
UNANIMOUSLY VOTED: to appoint John McGinn to the Economic Development Committee for a term to expire March 2024.
13. NEW BUSINESS
B. UNANIMOUSLY VOTED: to adopt the Town Beach Policy for the 2022 season, as shown as follows, and amend the Town’s Schedule of Fees; as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town Manager dated March 3, 2022 and entitled “2022 Town Beach Policy and Fee Schedule.”
South Kingstown Town Beach Policy
It is the policy of the Town of South Kingstown to operate and maintain, as a municipal facility, the Town Beach at Matunuck for the 2022 summer season.
This policy will adhere to COVID-19 restrictions and associated state & local mandates related to social distancing and maximum group sizes. As beach operations are assessed; and restrictions are lifted or re-imposed, this policy will be subject to change.
General Rules and Information
§ The South Kingstown Town Beach is open to the public from May 30 through Labor Day, September 5, 2022.
§ Designated Parking on Moonstone Beach Road Memorial Day – June 17th requires a Seasonal Sticker only. Daily beach passes can be used June 18th – Labor Day which can be purchased at the Town Beach gate. This parking is monitored by South Kingstown Police.
§ The number of passes available for sale on any given day may be limited by Beach Management based on parking, beach capacity limits and public health/safety guidelines.
§ The Parking lot opens daily at 8:00 am.
§ Gate Hours are 8 am to 4 pm weekdays; and 8 am to 5 pm on weekends and holidays.
§ Restrooms are normally open from 8:00 am to 7:00 pm.
§ All cars must be vacated from the parking area no later than 9:00 pm as the gate is closed and locked at that time.
§ Lifeguards shall be on duty 9:00 am to 5:00 pm weekdays and 9:00 am to 6:00 pm weekends and holidays
§ Alcohol consumption on the property is prohibited.
§ Smoking on the property is prohibited.
§ Dogs are prohibited from Opening Day through Labor Day – excluding service dogs as defined by ADA (see section V). Compliance with the Town’s leash law is required at all times during the off season when dogs are allowed on the beach.
Use of the municipal parking lot at the South Kingstown Town Beach shall be governed in accordance with the following regulations:
I. Beach Parking Stickers/Transferrable Passes
A. A seasonal parking sticker, transferrable pass, or one-day parking pass will be required for access to the beach parking area.
B. Season Passes will be available for purchase as follows:
1. online at https://parksandrec.southkingstownri.com. Passes will only be sold online from March 15, 2022 – May 20, 2022.
2. In person at the Neighborhood Guild from March 15, 2022 – September 5, 2022.
3. In person at the Town Beach during operating hours.
4. Pass will be picked up at the Neighborhood Guild or at the Town Beach during operating hours.
C. The purchase of a seasonal parking sticker or transferrable pass does not guarantee parking.
D. The fees for seasonal and daily beach parking shall be as follows:
Seasonal
1. Resident $60
2. Resident – Senior Citizen (65 or older) $50
3. Elderly Abatement (must meet income eligibility) $25
(one pass per address)
4. Non-Resident $120
5. Transferrable Pass R (two passes issued) $200
6. Transferrable Pass NR (one pass issued) $220
7. 100% disabled Veteran/ Ex-POW (one pass per address) No fee
Weekdays – Monday through Friday
8. Resident Daily parking fee $10
9. Non-resident Daily parking fee $20
10. Daily parking for busses or large recreational vehicles $50
Weekends
11. Residents $15
12. Non-residents $25
13. No busses or recreational vehicles to allow ample parking for cars
E. Resident beach parking passes shall only be issued to persons meeting one or more of the following qualifications:
1. Property taxpayers found in the most current tax roll.
2. Property taxpayers who can show a receipt for payment of the current year's taxes.
3. A person who can provide the Town with a copy of a current valid 90-day or longer lease term in South Kingstown.
4. Any person who can show current rent receipts for a South Kingstown property for a period of not less than 90 days.
5. Senior Citizens must show proof of residency and age to be 65 or older for the reduced rate.
6. Non-resident who serves as caregiver/driver for resident who must provide proof of residency as noted in items 1 through 4.
F. Persons failing to meet the above-noted qualifications shall be eligible to purchase a non-resident parking pass for the South Kingstown Town Beach at the fee noted in paragraph D.4 above.
G. Resident parking passes will be issued only to vehicles registered to individuals meeting the criteria established in paragraph E. above.
H. Parking stickers are not transferable. Each pass will be marked to indicate the registration number of the vehicle to which it was issued.
I. A valid vehicle registration must be presented for each vehicle for which a pass is issued.
J. Parking passes are only valid if affixed to the lower front windshield on the driver's side of the vehicle.
K. Transferrable passes (formerly known as Cottage Passes) are available to residents and non-residents as noted above in section D.5 and D.6 and in accordance with the following procedures:
1. For residents: two passes will be issued per the established fee. Non-residents: one pass will be issued for the established fee. The pass must be presented at the front gate at the time of entry to the beach and is good for one vehicle. The pass will remain with pass holder and placed on dash of vehicle while at the beach.
2. Application and payment for transferrable passes will only be accepted by the Parks and Recreation Department at the Neighborhood Guild, 325 Columbia Street, Peace Dale, and RI. Applications will not be accepted at Town Hall or the Town Beach.
II. Parking Priorities
A. Personnel of the South Kingstown Parks and Recreation Department, with the assistance and support of the South Kingstown Police Department will oversee the management and security of the beach parking areas.
B. Priority will be given to “stickered” or “transferrable pass” vehicles (those with season parking sticker or pass). If in the judgment of beach management, the parking lot may fill to capacity on a given day, beach management will limit parking to those vehicles with valid seasonal or transferrable passes.
C. Motorcycles, mopeds and all other recreational vehicles are considered motor vehicles for purpose of admission.
D. Bicycles are not considered vehicles and will be parked at the bike rack or at other designated areas.
III. Picnic Area
Picnic Tables and grills are available on a first come first serve basis. Grills are for charcoal use only, open flames are prohibited.
IV. Storage Unit Rental
A. Rental Procedure
1. Rental fee per unit is $170 for the season (May 28 - September 5, 2022).
· Storage Unit does not include a parking sticker
2. Rental applications will be accepted at the Neighborhood Guild from April 4th through May 12th. If greater than twelve applications are received, a lottery will be held at the Neighborhood Guild on May 13, 2022 at 10 am.
3. Only one application may be submitted per address.
4. Payment must be submitted to the South Kingstown Parks and Recreation Department, 325 Columbia Street, Peace Dale within seven business days of the lottery drawing (by May 20, 2022)
5. Application and payment for beach storage units are only accepted at the Neighborhood Guild. Applications will not be accepted at the Town Beach.
B. Eligibility Requirements
1. Property taxpayers found in the most current tax roll.
2. Property taxpayers who can show a receipt for payment of the current year's taxes.
3. A person who can provide the Town with a copy of a current valid 90-day or longer lease term in South Kingstown.
4. Any person who can show current rent receipts for a South Kingstown property for a period of not less than 90 days.
C. Storage Unit Rules
1. The name on the application form is the person responsible for the rental unit.
2. Renter agrees to provide their own lock.
3. Renter has access to storage unit during regular operating hours of beach.
4. The unit must be cleaned and emptied by Labor Day. Items left in the unit after Labor Day become the property of the Town and will be disposed of.
5. The following items may not be stored in the rental unit
a. Alcohol
b. Firearms
c. Food (overnight)
d. Portable grills
6. Unit rental rights are not transferable.
7. Unit rental is not renewable for future seasons. A lottery will be conducted annually.
8. The Town of South Kingstown is not responsible for any damage to or loss of renter’s property as a result of theft or vandalism.
V. Service Animals
Service animals as defined by the Americans with Disabilities Act:
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Beach patrons accompanied by a dog may be asked what work or task has the dog been trained to perform.
D. UNANIMOUSLY VOTED: to authorize an award of bid to South County Umpires Association, PO Box 935, Charlestown, RI 02813 for a two year contract for Umpire Services through November 30, 2024, in accordance with all bid specifications, at the per game pricing structure of $70 for two officials and $50 for one official; and as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town Manager dated March 7, 2022 and entitled “Recommendation for bid award – Umpire Services.”
E. UNANIMOUSLY VOTED: to authorize the Interim Town Manager to execute a grant agreement with the Narragansett Bay Estuary Program on behalf of the Town for stormwater related work for the Green Hill Pond watershed; as further described in a memorandum from the Director of Public Services to the Interim Town Manager dated March 8, 2022 and entitled “Green Hill Pond NBEP Grant.”
F. UNANIMOUSLY 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 and February 14, 2022.
Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 239 further supplemental emergency declarations (as of March 7, 2022) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On February 15, 2022, Governor McKee issued Executive Order 22-19 further extending the state of emergency to March 16, 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 March 14, 2022 to April 11, 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 April 11, 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 March 16, 2022, this Ordinance shall expire on that date.
G. UNANIMOUSLY VOTED: to authorize an award of contract to Connecticut Controls Corp., 19 Industrial Park Road, Centerbrook, CT 06409 for the furnishing, installation and upgrading of the Building Management System and variable speed drives with associated control wiring as specified, in an amount not to exceed $14,470; and as further described in a memorandum from the Facilities Superintendent to the Interim Town Manager dated March 10, 2022 and entitled “Award of Contract – Building Management System Upgrades – Public Safety Complex.”
H. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider 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 shown as follows. Application by South County Hospital, Inc., 70 Kenyon Avenue, Wakefield, RI 02879.
PROPOSED 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.
603.1. Permitted uses.
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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:
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 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%).
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 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.
1. 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.
UNANIMOUSLY VOTED: to adjourn at 8:36 PM.
Susan M. Flynn, CMC
Town Clerk