REGULAR SESSION

 

NOVEMBER 21, 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 21^st day of November 2022 at 8:00 PM.

 

                PRESENT:       Patricia A. Alley

                                    Deborah D. Bergner

                                    Michael K. Marran

                                    Rory H. McEntee

                                    Jessica L. Rose

 

 

 

1.         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.

 

2.         SWEARING IN CEREMONY

 

A.        Town Council

 

The following newly-elected members of the Town Council are sworn in by the Town Clerk for the ensuing 2 year term: Patricia A. Alley, Deborah D. Bergner, Michael K. Marran, Rory H. McEntee, and Jessica L. Rose.

 

B.        School Committee

 

The following newly-elected members of the School Committee are sworn in by the Town Clerk for the ensuing 4 year term: Katherine M. Macinanti, James L. Restivo, and Carol A. Vetter.

 

C.        Nomination and Election of Officers of the Town Council for the 2022-2024 Term

 

A.         Nomination and Election of President

 

Councilwoman Deborah D. Bergner is nominated for the office of President of the Town Council by Councilwoman Jessica L. Rose.

 

Councilman Rory H. McEntee is nominated for the office of President of the Town Council by Councilman Michael K. Marran.

 

No other nominations are brought forward and the nominations are declared closed.

 

A roll call vote is taken on the nomination of Deborah D. Bergner for the office of President of the Town Council, and the motion fails by a vote of 3 to 2.

 

Alley – nay            Bergner – aye          Marran – nay           McEntee – nay                       Rose – aye

 

A roll call vote is taken on the nomination of Rory H. McEntee for the office of President of the Town Council, and it is

 

VOTED: to elect Rory H. McEntee as President of the Town Council for the ensuing term of two years, until November 2024.

 

Alley – aye            Bergner – nay          Marran – aye           McEntee – aye                       Rose – nay

 

B.         Nomination and Election of Vice-President

 

Council President McEntee presides during the election of a Vice President.

 

Councilwoman Deborah D. Bergner is nominated for the office of Vice President of the Town Council by Councilwoman Jessica L. Rose.

 

Councilman Michael K. Marran is nominated for the office of Vice President of the Town Council by Councilwoman Alley.

 

No other nominations are brought forward and the nominations are declared closed.

 

A roll call vote is taken on the nomination of Councilwoman Deborah D. Bergner for the office of Vice President of the Town Council, and the motion fails by a vote of 3 to 2.

 

Alley – nay            Bergner – aye          Marran – nay           Rose – aye                  McEntee – nay          

 

A roll call vote is taken on the nomination of Councilman Michael K. Marran for the office of Vice President of the Town Council, and it is

 

VOTED: to elect Michael K. Marran as Vice President of the Town Council for the ensuing term of two years, until November 2024.

 

Alley – aye            Bergner – nay          Marran – aye           Rose – nay                  McEntee – aye                      

Councilwoman Bergner makes a motion to add public comment from interested citizens to the Agenda, and discussion ensues.

 

A roll call vote is taken on the motion to add public comment, and it fails by a vote of 3 to 2.

 

Alley – nay            Bergner – aye          Marran – nay           Rose – aye                  McEntee – nay

 

3.         NEW BUSINESS

 

A.        UNANIMOUSLY VOTED: to adopt a proclamation promoting Small Business Saturday in South Kingstown, as follows:

 

SMALL BUSINESS SATURDAY

 

WHEREAS,    the Town Council of the Town of South Kingstown celebrates our local small businesses and the contributions they make to our local economy and community; and

 

WHEREAS,    according to the United States Small Business Administration, there are currently 32.5 million small businesses in the United States: they represent 99.7% of firms with paid employees in the United States, and are responsible for 62% of net new jobs created since 1995, and small businesses employ 46.8% of the employees in the private sector in the United States; and

 

WHEREAS,    79% of consumers understand the importance of supporting the small businesses in their community on Small Business Saturday®, 70% report the day makes them want to encourage others to Shop Small®, independently-owned retailers, and 66% report that the day makes them want to Shop Small all year long; and

 

WHEREAS,    58% of shoppers reported they shopped online with a small business and 54% reported they dined or ordered takeout from a small restaurant, bar, or café on Small Business Saturday in 2021; and

 

WHEREAS,    South Kingstown supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and

 

WHEREAS,    advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday.

 

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim November 26, 2022 as SMALL BUSINESS SATURDAY and urge the residents of our community, and communities across the country, to support small businesses and merchants on SMALL BUSINESS SATURDAY and throughout the year.

 

 

B.        UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing 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 and Industrial 1 Districts, as shown as follows:

 

PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

 

ARTICLE 3: USE REGULATIONS

 

Sec. 300. Schedule of use regulations.

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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:

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            10        Marijuana/Cannabis-Related Uses

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Sec. 301. Schedule of Use Regulations Table.

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ARTICLE 5: SUPPLEMENTARY REGULATIONS

 

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Sec. 504. Special use permits.

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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.

 

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 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.

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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.

 

This ordinance shall take effect upon passage.

 

UNANIMOUSLY VOTED:  to adjourn at 8:19PM.

 

Susan M. Flynn, CMC

Town Clerk