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TOWN COUNCIL AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

MONDAY, FEBRUARY 27, 2023

 

CLOSED EXECUTIVE SESSION – 6:30 PM

WORK SESSION – 7:00 PM

REGULAR SESSION – 7:30 PM

 

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

 

TOWN COUNCIL

Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

 

James M. Manni, Town Manager

Michael A. Ursillo, Esquire, Town Solicitor

Susan M. Flynn, CMC, Town Clerk

 

 

 

Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station.

 

NOTE:  Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.

 

DATE POSTED: 2/23/2023

 

1.         CLOSED EXECUTIVE SESSION – 6:30 PM

 

A.        A Closed Executive Session pursuant to RIGL §42-46-5(a)(2) to discuss and act upon matters pertaining to litigation re: WC-2021-0510, Taban Holdings, LLC v. Wakefield Meadows Homeowners Association et al., and re: WC-2021-0564 and WC-2021-0171 (Harbor Village Apartments tax appeal).

 

2.         A.        INTERVIEWS – 7:00 PM Video

1.   Joshua White Port for appointment to the Affordable Housing Collaborative Committee.

2.   Dennis John Bowman for appointment to the Conservation Commission.

See Attachment A for Boards and Commissions Appointments Report.

 

B.        WORK SESSION – immediately following Video

All items listed on Town Council agenda are subject to discussion.

 

            C.        REGULAR SESSION – 7:30 PM Video

Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.

 

3.         A.        PLEDGE OF ALLEGIANCE TO THE FLAG Video

 

            B.        LAND ACKNOWLEDGEMENT STATEMENT

 

4.         ROLL CALL Video

 

5.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS Video

 

            A.        Work Session – February 13, 2023

             

B.        Regular Sessions – February 9 and February 13, 2023

 

C.        Closed Executive Session – February 13, 2023

 

6.         CONSENT AGENDA Video

 

Rule 13:  All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion.  There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

 

7.         LICENSES

 

A.           A resolution granting a Special Event Permit to conduct the Broad Rock Middle School Coyote Chase 5K Road Race and 1-mile Fun Run on Saturday, April 22, 2023 at 9:00 AM to Broad Rock Middle School PTO subject to the execution of a hold harmless agreement indemnifying the Town and receipt of a Certificate of Insurance naming the Town as an additional insured in the amounts specified by the Finance Director.  Application by Jessica Domack, Member; Renewal. License No. 78456. Video

 

B.           A resolution granting a Special Event Permit to conduct the South County YMCA 5K Road Race on Saturday, October 14, 2023 at 8:30 AM to YMCA of Greater Providence/South County subject to the execution of a hold harmless agreement indemnifying the Town, receipt of a Certificate of Insurance naming the Town as an additional insured in the amounts specified by the Finance Director, and RIDOT approval.  Application by Karen Zyons; New.  License No. 78410. Video

 

C.           A resolution granting a Special Event Permit to conduct a portion of the Ocean State Rhode Race in South Kingstown on Sunday October 29, 2023 from 7:30 AM to 1:30 PM to Rhode Races and Events, Inc. subject to the execution of a hold harmless agreement indemnifying the Town and receipt of a Certificate of Insurance naming the Town as an additional insured in the amount specified by the Finance Director.  Application by Karen Zyons; Renewal. License No. 77909. Video

 

D.           A resolution granting a Pool Table License to Matunuck Pizza Pie Company, LLC d/b/a Matunuck Pizza, 920 Matunuck Beach Road, Wakefield, RI 02879 subject to administrative approvals. Application by Kevin Finnegan, Member; New. License No. 78690. Video

 

E.            A resolution granting a Pool Table License to Ocean Front Lounge, Inc. d/b/a Ocean Mist, 895 Matunuck Beach Road, Wakefield, RI 02879 subject to administrative approvals. Application by Kevin Finnegan, Member; New. License No. 78689.

 

(CA)    F.         A resolution granting a Victualling License to Hyde Park Properties IV, LLC d/b/a Five Guys, 600 Kingstown Road, Wakefield, RI 02879. Application by Natasha Lopez, Accounting; Renewal. License No. 69564.

 

(CA)    G.        A resolution granting Holiday Sales Licenses to the following; Renewals:

 

                        Kosmic Kitty, LLC d/b/a Kosmic Kitty, 329 Main Street, Wakefield, RI 02879.   Application by Catherine Hanson, Owner. License No. 78612.

 

Rhode Island CVS Pharmacy, LLC d/b/a CVS Pharmacy 868, 99 Fortin Road, Kingston, RI  02881.  Application by Erin Chilinski, Accounting.  License No. 60589.

 

(CA)    H.        A resolution granting Victualling and Holiday Sales Licenses to Four Seasons Food Mart, LLC d/b/a Four Seasons Food Mart, 99 Fortin Road, Kingston, RI 02881.   Application by Muhammad Zubair, Member; Renewal.  License No.  60778.

 

 

8.         PUBLIC HEARINGS

 

            A.        A Public Hearing relative to proposed text amendments to the Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis to include the creation of Cannabis Overlay Districts within the Town’s existing Commercial Highway and Industrial I Districts, and to consider a proposed amendment to the Town’s Zoning Map to create the three new cannabis overlay districts, as shown on Exhibit 1 attached hereto. Video

 

            B.        A Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, that would add Article VIII. Waiver of Interest for Qualifying Quarterly Tax Payments, as shown on Exhibit 2 attached hereto. Video

 

            C.        A Public Hearing to consider proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons, Sec. 17-44. Amount of exemption; filing of applications, as shown on Exhibit 3 attached hereto. Video

 

9.         COMMUNICATIONS

 

A.           An email dated February 12, 2023 from Mel Wathen, Southgansett Girl Scouts Public Relations requesting a proclamation for Girl Scout Week, and for troop members to lead the pledge at the March 13th Council meeting is received, placed on file, and the Town Council further directs                    __________. Video

 

B.           A letter dated February 13, 2023 from Steven M. Pinch, Union Fire District Chief and Thomas Reed, Kingston Fire District Chief requesting an allocation from the Town’s American Rescue Plan Act (ARPA) funds is received, placed on file, and the Town Council further directs _____________________. Video

 

C.           A letter dated February 7, 2023 from Sarah Stokely, Office of Renewable Energy Programs, US Department of the Interior, Bureau of Ocean Energy Management inviting the Town to consult on the Revolution Wind Farm and Revolution Wind Export Cable Project in North Kingstown is received, placed on file, and the Town Council further directs ___________________. Video

 

D.           A resolution adopted February 14, 2023 by the Warren Town Council in support of House Bill H5309 relative to Primary Election dates following a Labor Day Holiday is received, placed on file, and the Town Council further directs _____________. Video

 

E.            An email dated February 16, 2023 from Mark Prince, School Superintendent advising of the resignation of Christie Fish from the School Committee is received, placed on file, and the Town Council further directs ______________. Video

 

F.            A resolution adopted February 14, 2023 by the Lincoln Town Council in support of housing and land use needs identified by the RI League of Cities and Towns is received, placed on file, and the Town Council further directs ______________. Video

 

G.           An email dated February 20, 2023 from Christie Denelle Creamer concerning the hiring of outside consultants and literacy coaches in the School Department is received, placed on file, and the Town Council further directs _____________. Video

 

H.           A letter dated February 8, 2023 from Senator V. Susan Sosnowski endorsing requests for American Rescue Plan Act (ARPA) funding by the South Kingstown Housing Authority and the Jonnycake Center is received, placed on file, and the Town Council further directs ________________. Video

 

I.              A memorandum dated October 20, 2022 from the Bicycle – Pedestrian Advisory Committee requesting authorization for Town staff to collaborate with the Town of Charlestown in developing the first phase of the South County Coastal Bike Route, Block Island Sound Bikeway is received, placed on file, and the Town Council further directs ______________.  Video

 

 

Rule 18:  Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested.  Correspondence relating to personnel issues or personal matters shall not be placed on the agenda.  The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear.  Correspondence not placed on the agenda may be available for public review pursuant to the Access to Public Records Act.

 

 

10.       TOWN MANAGER’S REPORT Video

 

A.        Update on School Building Committee

 

            B.        Update on Bicycle – Pedestrian Advisory Committee (BPAC) Master Plan, Complete Streets Ordinance, and charge

 

11.       COMMENTS FROM INTERESTED CITIZENS Video

 

Rule 10A.  for the conduct of the meetings of the South Kingstown Town Council:  Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President.  The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information 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.

 

12.       APPOINTMENTS Video

 

A.           A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)

 

13.       NEW BUSINESS

 

(CA)    A.        A resolution authorizing an award to Island Tech Services (ITS), 980 S 2nd Street, Ronkonkoma, NY 11779 for the installation of emergency lights and accessories, in accordance with pricing per the Greater Boston Police Council (GBPC) contract through the Massachusetts Metropolitan Area Planning Council, in an amount not to exceed $5,273; as further described in a memorandum from the Chief of EMS to the Town Manager dated February 15, 2023 and entitled “Island Tech Services Award Recommendation – Emergency Lighting Community Paramedic Vehicle.”

 

            B.        A resolution rejecting a bid from Liberty Chevrolet, 90 Bay State Road, Wakefield, MA 01880 for a 2023 Chevrolet Blazer in the amount of $37,712; as further described in a memorandum from the Building Official to the Town Manager dated February 13, 2023 and entitled “Award Recommendation – Sport Utility Vehicle (SUV).” Video

 

            C.        A resolution authorizing an award of bid to McGovern Municipal HQ, 1200 Worcester Road, Framingham, MA 01702 for a 2023 Ford Escape SE AWD SUV in an amount not to exceed $29,433; as further described in a memorandum from the Building Official to the Town Manager dated February 13, 2023 and entitled “Award Recommendation – Sport Utility Vehicle (SUV).” Video

 

(CA)    D.        A resolution authorizing the Tax Assessor to abate taxes in the total amount of $284.39, as shown on Tax Abatement Request No. 612.

 

(CA)    E.         A resolution authorizing the Tax Assessor to abate taxes in the total amount of $5,482.68, as shown on Tax Abatement Request No. 613.

 

(CA)    F.         A resolution authorizing an award of contract to Image Productions, 545A Hartford Turnpike, Shrewsbury, MA 01545 for provision of a mobile stage, audio, lighting, and sound technicians for The 300th Anniversary Arts & Culture and Trifecta event in an amount not to exceed $9,451; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated February 23, 2023 and entitled “Recommendation to Contract for Stage and Production Services for 300th Anniversary Events.”  

 

            G.        A resolution authorizing an award to Avive Solutions, Inc., 185 Valley Drive, Brisbane, CA 94005-1340 for a lease to purchase nineteen (19) AED units and accessories in an amount not to exceed $27,415; and as further described in a memorandum from the Chief of EMS to the Town Manager dated February 22, 2023 and entitled “Award Recommendation – Automatic External Defibrillator – AED. Video

 

 

 

Rule 11:  No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.

 

Pursuant to 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.”

 

 

Exhibit 1

 

PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

 

ARTICLE 1: ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP

 

* * *

Sec. 101. Zoning districts.

For the purpose of this ordinance, the town is hereby divided into eighteen (18) zoning districts as set forth below. The specific purpose of each zoning district shall be as follows:

 

B. Commercial.

* * *

COD-R – Cannabis Overlay District Retail.  This zoning overlay district identifies areas where the retail sale of cannabis and/or cannabis related items may occur per Section 504.15.

 

C. Industrial.

* * *

COD-CMT – Cannabis Overlay District - Cultivation/Manufacturing/Testing.  This zoning overlay district identifies areas where the cultivation and/or manufacturing of cannabis products and/or cannabis related items and/or laboratory testing of cannabis products may occur per Section 504.15.

 

COD-MT – Cannabis Overlay District - Manufacturing/Testing.  This zoning overlay district identifies areas where the manufacturing of cannabis products and/or cannabis related items and/ laboratory testing of cannabis products may occur per Section 504.15.

 

ARTICLE 3: USE REGULATIONS

 

[Text to be added = underline]

 

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:

* * *

            10.0     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

RM

MU

CN

CD

CH

CW

COD- R

NOTES

100

Marijuana retail facility

N

N

N

N

N

N

N

N

N

N

S

N

S

See section 504.15

101

Marijuana cultivation facility

N

N

N

N

N

N

N

N

N

N

N

N

N

See section 504.15

102

Marijuana emporium

N

N

N

N

N

N

N

N

N

N

N

N

N

103

Cannabis retailer/hybrid cannabis retailer

N

N

N

N

N

N

N

N

N

N

N

N

S

See section 504.15

104

Cannabis cultivator

N

N

N

N

N

N

N

N

N

N

N

N

N

See section 504.15

105

Cannabis product manufacturer

N

N

N

N

N

N

N

N

N

N

N

N

N

See section 504.15

106

Cannabis testing laboratory

N

N

N

N

N

N

N

N

N

N

N

N

N

See section 504.15

 

* * *

 


10.0 MARIJUANA/CANNABIS-RELATED USES

 

 

 

USE CODE

USE

IND-1

IND-2

IND-3

GI

OS

COD-CMT

COD-MT

NOTES

100

Marijuana retail facility

S

N

N

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

S

S

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

N

N

103

Cannabis retailer/hybrid cannabis retailer

N

N

N

N

N

N

N

 

104

Cannabis cultivator

N

N

N

N

N

S

N

See section 504.15

105

Cannabis product manufacturer

N

N

N

N

N

S

S

See section 504.15

106

Cannabis testing laboratory

N

N

N

N

N

S

S

See section 504.15

 

 

* * *

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:

 

* * *

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 that take on the architectural vernacular of traditional coastal New England,, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

 

* * *

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 that take on the architectural vernacular of traditional coastal New England,, 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.   In addition to any requirement of Rhode Island State Law, all facilities (retail, production and/or cultivation) shall submit a plan to control odor (i.e., carbon air filtration, air filters, biofiltration, high pressure fog, odor neutralizers, negative air space control, ozone generators). The applicant’s odor control plan is subject to third party review as determined by the Planning Board.  The costs associated with third party review shall be borne by the applicant.

 

5.   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

 

 

"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.

 

 

 

Proposed Amendments to the Zoning Map

 

(see attached)

 

 

 

 

 

 

 

 

Exhibit 2

 

 

PROPOSED AMENDMENTS TO THE TOWN CODE

 

CHAPTER 17 TAXATION

 

ADD:

Article VIII.  Waiver of Interest for Qualifying Quarterly Tax Payments

 

Sec. 17-88.     Authorization. 

 

The Town is authorized pursuant to R.I.G.L. § 44-5-8.1 to authorize a waiver of interest on one quarter’s overdue property tax payment and allow the remaining balance of taxes owed to be paid on a quarterly basis.  Further, the Town desires to utilize the authority provided in § 44-5-8.1 to provide for such a waiver.

 

Sec. 17-89.     Qualification for waiver.

 

The tax collector shall grant a taxpayer a waiver of interest on one quarter’s overdue tax payment, with the remaining balance of taxes owed to be paid on a quarterly basis, if all of the following conditions are satisfied:

 

(1)   The property subject to the overdue payment is the residence of the taxpayer and has been for the five (5) years immediately preceding the tax payment which is overdue.

 

(2)   The request for a waiver of interest is in writing, signed and dated by the taxpayer.

 

(3)   The taxpayer has made timely payments of taxes to the town for the five (5) years immediately preceding the tax payment, which is overdue. The burden of proof of timely payments shall be upon the taxpayer.

 

(4)   The bill for which the payment is overdue was issued less than two (2) years prior to the date of the request for a waiver of interest.

 

Sec. 17-90.     Cap on waiver.

 

In no event shall the waiver of interest on a tax bill exceed five hundred dollars ($500).

 

Sec. 17-91.     Notice to Council; appeal of denial. 

 

Decisions of the tax collector shall be in writing and contain a notice to the town council. If the taxpayer receives an adverse decision from the tax collector, the taxpayer must pay the interest and may file a claim for reimbursement with the town council within ten (10) days of the decision.

 

* * *

 

This ordinance shall take effect upon passage.

 

 

 

 

Exhibit 3

 

 

PROPOSED AMENDMENTS TO THE TOWN CODE

 

CHAPTER 17 TAXATION

 

Article III. Property Tax Exemptions for Elderly Persons

 

******

 

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

 

(a)If the applicant's total gross household income does not exceed forty-three thousand two hundred fifty one ($43,251) forty-five thousand one hundred ninety-seven ($45,197) dollars, the tax on the property shall be equal to four (4) percent of that gross income, provided that the maximum tax savings to the applicant shall not exceed the following:

 

 

2022 (Current)

Total Gross Household

Income

 

2022 (Current)

Tax Credit

 

Proposed (2023)

Total Gross Household Income

 

Proposed (2023)

Tax Credit

$0 - $20,406

$2,310

0 - $21,325

$2,472

$20,407 – $22,735

$1,985

$21,326 - $23,758

$2,124

$22,736 – $27,392

$1,874

$23,759 - $28,625

$2,005

$27,393 - $30,498

$1,764

$28,626 - $31,870

$1,887

$30,499 - $34,934

$1,654

$31,871 - $36,506

$1,770

$34,935 – $37,262

$1,433

$36,507 - $38,939

$1,533

$37,263 – $38,482

$1,323

$38,940 - 40,214

$1,416

$38,483 – $39,591

$1,050

$40,215 - $41,373

$1,124

$39,592 – $40,811

$772

$41,374 - $42,647

$826

$40,812 - $43,251

$499

$42,648 - $45,197

$534

 

 

 

 

 

 

Attachment A

 

 

 

Boards and Commissions Appointments Report

 

 

The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.

 

Affordable Housing Collaborative Committee (7 members; 3 year term)

Vacancies: terms expire August 2024 and August 2025 (Alicia Johnson and Christian Blaney resigned)

Applicant: Joshua White Port (applied 2/15/2023; to be interviewed 2/27/2023)

 

Assessment Board of Review (3 members, 1 alternate; 3 year term)

Vacancy: Alternate member term expires January 2024 (Bradford Hevenor appointed to full member to fill the term of William Salerno)

 

Bicycle – Pedestrian Advisory Committee (minimum 5, maximum 9 members; 2 year term)

Vacancy: term expires July 2023 (Kateri Collins resigned)

Applicant: Christopher Moore (applied 11/17/2022)

 

Canvassing Authority (3 members, 2 alternates; 6 year term)

Reappointment for a term to expire in March 2023: Kristine Bishop Chapman wishes to be reappointed. It is reported that Ms. Chapman has attended all meetings and elections held during the current term.

 

Conservation Commission (7 members; 3 year term)

Vacancies: terms to expire September 2024 and September 2025 (Anne Heffron and Christopher O’Connor did not wish to be reappointed)

Applicant: Dennis John Bowman (applied 2/22/2023; to be interviewed 2/27/2023)

 

Economic Development Committee (11 members, 3 year term)

Vacancy: term expires in March 2023 (Joanne Esposito resigned)

Reappointment for term to expire March 2023: Awaiting response from Thomas John Routliffe.

 

Historic District Commission (7 members; 3 year term)

Vacancy: term expires December 2025 (Shantia Anderheggen did not wish to be reappointed)

 

Planning Board (7 members; 3 year term)

Applicants: William Eden (applied 5/23/2022; interviewed 6/13/2022); and Ellen Noordzy (applied 6/7/2022; interviewed 6/13/2022).

 

Route 1 Stewardship Plan Development Committee (7 members)

Vacancy: Route 1 business owner (Steve Wood resigned)

 

Route 138 Reconstruction Project Area Committee (11 members; 2 year term)

Vacancies: terms expire May 2023 (Peter Maynard did not wish to be reappointed; James Garfield, Ex-officio member of Historic District Commission resigned; and URI representative)

Applicant: Joseph Nuzzolillo (applied 9/28/2022; interviewed 10/24/2022 and appointed to WAC)

 

Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)

Vacancy: Vietnam Veteran, term expires January 2025 (Mark Spangler deceased)

 

School Committee (7 members; 4 year term)

Vacancy: term expires November 2024 (Christie Fish resigned)

 

Statistical Modeling and Analytics Research Tools (SMART) Committee

Two vacancies: (Lauren Weinstock and Jonathan E. Daly-LaBelle resigned)

 

Sustainability Committee (7 members)

Vacancy: (Chris Hubbard resigned)

 

Trustees of the South Kingstown School Funds (5 members; 5 year term)

Vacancy: term expires June 2027 (Carol Vetter resigned due to appointment to the School Committee)

 

Zoning Board of Review (5 members, 3 alternates; 3 year term)

Vacancies: Alternate #2 for a term expiring March 2023; Alternate #3 for a term expiring March 2024.

Reappointments for terms to expire March 2023: Robert Cagnetta and Susan Walsh wish to be reappointed. It is reported that Mr. Cagnetta has attended 41 of 43 meetings and Ms. Walsh has attended 18 of 19 meetings held since their respective appointments.

Applicants: Geoff Elia (applied 11/4/2022; to be interviewed at a future meeting); Joshua W. Gilman (applied 2/2/2023; interviewed 2/13/2023 and appointed to EDC)

 

 

 

 

 

 

 

 

 

 

 

 

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