REGULAR SESSION

 

FEBRUARY 27, 2023

 

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 27^th day of February 2023 at 6:30 PM.

 

            PRESENT:     Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

 

 

1.         CLOSED EXECUTIVE SESSION

 

UNANIMOUSLY VOTED: to recess to 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).

 

Regular Session is reconvened at 6:46 PM, and it is

 

UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held 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).

 

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

 

The Town Council takes a brief recess.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

 

WORK SESSION

 

FEBRUARY 27, 2023

 

 

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 27^th day of February 2023 at 7:00 PM.

 

            PRESENT:     Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

 

 

2.         A.        INTERVIEWS

 

The Town Council interviews Joshua White Port relative to his interest in serving on the Affordable Housing Collaborative Committee.

 

The Town Council interviews Dennis John Bowman relative to his interest in serving on the Conservation Commission.

 

2.         B.        WORK SESSION

 

The Town Manager reviews the Licenses on this evening’s Agenda, beginning with Item 7A, an application by the Broad Rock Middle School PTO for a Special Event Permit to conduct a road race on April 22, 2023.

 

License Item 7B is an application for a Special Event Permit to conduct the South County YMCA 5K Road Race on October 14, 2023.

 

License Item 7C is an application for a Special Event Permit to conduct a portion of the Ocean State Rhode Race in South Kingstown on October 29, 2023.

 

License Items 7D and 7E are applications for Pool Table Licenses filed by Matunuck Pizza Pie Company and the Ocean Front Lounge.

 

The Town Manager asks that Public Hearings 8B and 8C be moved forward before Public Hearing 8A this evening. A proposed amendment to the Town Code to add a new provision to waive interest on late tax payments will be considered under Public Hearing Item B. The Elderly Tax Exemption Program will be considered under Public Hearing Item C.

 

Communications on this evening’s Agenda are reviewed beginning with Item 9A, a request for an annual Girl Scout Week proclamation. Item 9B is a request from the Union and Kingston Fire Districts for American Rescue Plan Act funding. Item 9C is an invitation from the Federal Bureau of Ocean Energy Management for the Town to consult on the Revolution Wind Farm Project. Item 9D is a resolution from the Warren Town Council supporting legislation concerning Primary Election dates.

 

Communication Item 9E is a notice from the School Superintendent that Christie Fish has resigned from the School Committee.  The Town Council makes an appointment to fill this vacancy until the next election in November 2024.

Communication Item 9F is a resolution from the Lincoln Town Council supporting housing and land use needs identified by the RI League of Cities and Towns.

 

Communication Item 9G from Christie Creamer concerning the hiring of outside consultants may be referring to Weston & Sampson in relation to the American Rescue Plan Act (ARPA) program.

 

Communication Item 9H is a letter of support from Senator Sosnowski for the Jonnycake Center and South Kingstown Housing Authority’s application for ARPA funding.

 

Communication Item 9I concerns a request by the Bike-Ped Committee to collaborate on development of the South County Coastal Bike Route.

 

The Town Manager’s Report this evening will include an update on the School Building Committee (SBC).  A meeting is scheduled for Thursday night with Studio JAED and bond counsel to review the SBC’s proposed projects.  An update will also be given on the Bicycle – Pedestrian Advisory Committee (BPAC). There is disagreement over their draft Master Plan. A RIDOT funding match may be pursued for a Town-wide comprehensive mobility plan.

 

New Business Items 13B and 13C concern the purchase of a pool vehicle for the Building Official’s Office. Staff worked diligently to seek out the best pricing for this needed purchase.

 

New Business Item 13G concerns the lease/purchase of 19 AED units for the Emergency Medical Services division.

 

Convened to Regular Session.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

 

 

REGULAR SESSION

 

FEBRUARY 27, 2023

 

 

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 27^th day of February 2023 at 7:30 PM.

 

            PRESENT:     Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

 

 

2.         C.        REGULAR SESSION

 

3.         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.

 

4.         ROLL CALL

 

Roll Call is taken and all members are present.

 

5.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Session:  UNANIMOUSLY VOTED:  that the minutes of the Work Session held on February 13, 2023 are accepted, approved and placed on file.

 

B.        Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on February 9 and February 13, 2023 are accepted, approved and placed on file. 

 

C.        Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on February 13, 2023 are accepted.

 

6.         CONSENT AGENDA

 

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

 

(CA)    7F.       UNANIMOUSLY VOTED: to grant 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)    7G.      UNANIMOUSLY VOTED: to grant 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)    7H.      UNANIMOUSLY VOTED: to grant 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.

 

(CA)    13A.    UNANIMOUSLY VOTED: to authorize an award to Island Tech Services (ITS), 980 S 2^nd 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.”

 

(CA)    13D.    UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $284.39, as shown on Tax Abatement Request No. 612.

 

(CA)    13E.     UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $5,482.68, as shown on Tax Abatement Request No. 613.

 

(CA)    13F.     UNANIMOUSLY VOTED: to authorize 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 300^th 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 300^th Anniversary Events.”  

           

7.         LICENSES

 

A.        Jessica Domack and Katie Garvin are present and discuss the BRMS PTO fundraiser, and it is

 

UNANIMOUSLY VOTED: to grant 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.

 

B.        Karen Zyons is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant 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.

 

C.        Karen Zyons is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant 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.

 

D.        An application is considered for a new Pool Table License filed by Matunuck Pizza Pie Company, LLC d/b/a Matunuck Pizza, 920 Matunuck Beach Road, Wakefield, RI 02879. Amy Goins, Assistant Town Solicitor advises that State regulations have changed so that licensing is required only for 3 or more pool tables at an establishment. Cat Harrington is present on behalf of the applicant and advises that they are only installing 1 pool table. As a result, no license is required and no action is taken on this application.

 

E.         An application is considered for a new Pool Table License filed by Ocean Front Lounge, Inc. d/b/a Ocean Mist, 895 Matunuck Beach Road, Wakefield, RI 02879. Cat Harrington testifies that only 1 or 2 pool tables will be installed. As a result, no license is required and no action is taken on this application.

 

8.         PUBLIC HEARINGS

 

Public Hearing Items B and C are brought forward.

 

B.        Notice having been duly given, a Public Hearing is held 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 follows:

 

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.

 

Brian Sylvia, Finance Director reviews the proposed ordinance language and circumstances under which taxes could be waived. Mr. Sylvia reviews the number of eligible residents and penalty amounts involved.

 

Council President McEntee invites residents to come forward with comments.

 

David Hamel is present and comments that 12% interest is high.

 

The Assistant Town Solicitor notes that the interest rate is based on State law.

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 17 Taxation, that add Article VIII. Waiver of Interest for Qualifying Quarterly Tax Payments, as presented.

 

C.        Notice having been duly given, a Public Hearing is held 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 follows:

 

 

 

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:

 

 

 

 

 

Mark Capuano, Town Assessor presents the proposed amendments, and reviews inflation rates. The intent is to protect those participants receiving Social Security increases. Income brackets are proposed to be adjusted. Mr. Capuano reviews the number of participants in each bracket.

 

Councilwoman Bergner proposes collapsing the bottom two income brackets into one at the $2,472 tax credit amount.

 

There are no public comments, and it is

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to adopt 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 revised, as follows:

 

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-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:

 

 

 

 

A.        Notice having been duly given, a Public Hearing is held 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 follows:

 

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

 

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.

* * *

 

* * *

 

 

 

* * *

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)

 

 

 

James Rabbitt, Director of Planning gives a presentation. The proposed amendments to the Zoning Ordinance are associated with the sale, cultivation, testing and/or manufacturing of adult/recreational cannabis. Three new Cannabis Overlay Districts are proposed to be created within the Town’s existing Commercial Highway (CH) and Industrial I (IND-I) zoning districts. IND-I areas proposed to be included are Fairgrounds Road, Waites Corner Road and Liberty Lane areas in West Kingston, the Dam Street area, Railroad Street and Church Street area, and the Main Street and High Street area.

 

The proposed Retail Cannabis Overlay District (COD-R) would include the Route 108 (Kingstown Road) and Old Tower Hill Road area, and the existing Route 1 Special Management District (SMD) at South County Commons. Facilities in these areas must have direct access to Route 108, eastern side of Main Street or Old Tower Hill Road. Only commercial areas of the SMD on Tower Hill Road, the main streets in the center of South County Commons are included.  

 

Mr. Rabbitt reviews the proposed text amendments. The Retail Cannabis Overlay District (COD-R) identifies areas where the retail sale of cannabis and/or cannabis related items may occur per Section 504.15.

 

Two overlay districts are proposed in the Industrial 1 zones. Cannabis Overlay District –  Cultivation/Manufacturing/Testing (COD-CMT) 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. 

 

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

 

Mr. Rabbitt notes that under the proposed Use Code regulations, Special Use Permits are required, the most stringent criteria. This includes notification requirements, a public hearing process and development plan review and approval by the Planning Board in addition to the Zoning Board of Review. Buildings must meet a coastal New England style, install security measures, and meet compliance with State law and regulations. Facilities would be limited to properties with direct access to Route 108 and Old Tower Hill Road. There are 3 COD-CMT areas, 1 COD-MT area, and 2 COD-R areas proposed.

 

Discussion ensues regarding the 500 foot setback requirement from pre-existing public or private schools and proximity of the overlay district to South Kingstown High School, where the pre-school program may be relocated. The overlay area can be shrunk to be further from the High School.

 

Council President McEntee invites residents to come forward with comments.

 

Catherine Taggart, Preservation Way comments on the potential effect on residential neighborhoods in South County Commons.

 

Olga Klimenko, Rocky Brook Condominium Association comments on cannabis odors and traffic.

 

Eric Scheer submits handouts on behalf of the Board of Directors of the Preserve at South County Commons expressing a list of concerns.

 

Steve Morris, Hundred Acre Pond area questions why the Town is doing this, what will happen if we don’t regulate the facilities, and that it should be allowed anywhere in Town.

 

Councilwoman Bergner comments that concerns that were raised by the public at the first presentation of proposed regulations, and in response the Planning Board has revised the ordinance to further limit the locations.

 

Councilwoman Rose comments that the Council can continue this hearing to hear all concerns, and further reduce the overlay districts if needed.

 

Helen Mederer, Fairgrounds Road comments on public safety concerns, and anticipated revenue.

 

The Director of Planning explains that without these regulations, a licensed facility could be allowed in any retail sales district in Town. The intent is to restrict retail sales and medical manufacturing to specific zones.

 

Paul Perkins, Blueberry Lane comments that his subdivision is adjacent to the industrial park in West Kingston, and the Town had committed to maintain that as light industrial zoning.

 

The Director of Planning notes that retail sales are not proposed to be allowed in the IND-I zoning district, only in the Old Tower Hill Road and South County Commons commercial areas.

 

Abbie Dobrowolski, Railroad Street comments relative to proximity to schools, and environmental and health risks of cannabis.

 

Alan Pickering, Blueberry Lane expresses concerns with proximity to schools, environmental and health risks, traffic and odors.

 

Nancy Baker, Rocky Brook Way comments that cannabis cultivation at the local mill buildings will affect property values, and environmental concerns with manufacturing.

 

Veronika Kot, Narragansett Avenue West requests that the retail sales area be moved to the other side of Old Tower Hill Road to minimize the business effect on her neighborhood.

 

Alan Towle, Narragansett Avenue West comments on the traffic in that neighborhood.

 

Travis Fuller, High School student comments on underage smoking and odors.

 

Virginia Kenny, Narragansett Avenue West asks to eliminate the overlay on the west side of Old Tower Hill Road to protect their neighborhood from additional traffic.

 

Gilbert Fletcher, Chatham Road comments that cannabis businesses are not desirable, it’s a struggle to find a place to allow, limit number of businesses allowed, reduce the area.

 

Steve White, Hundred Acre Pond area comments on cannabis uses other than retail being included. 

 

Mark O’Malley, Shickasheen Way comments on the environmental impacts near the Great Swamp of cannabis at the Schneider Electric property.

 

Abby Perry, Caswell Street expresses concern with access to Route 108 and Old Tower Hill Road.

 

Paul Kenny, Narragansett Avenue West supports removing the south side of Old Tower Hill Road from the overlay district.

 

Mary Mook, Fairgrounds Road comments on environmental issues with the nearby aquifer and farmland area.

 

Oscar Yepes, Rocky Brook Way asks if cultivation and manufacturing are already allowed.

 

The Director of Planning reviews that the IND-I zone already allows for medical cannabis. The referendum passed by the voters last November allowed manufacturing and retail sale of recreational cannabis in Town. The Town Council is proposing to use less areas for that type of business.

 

Harold Thomas, Jr. comments that the Wakefield Mall is the only place on Old Tower Hill Road for retail cannabis, and already has a traffic light. He suggests creating a zone somewhere on Route 1.

 

Emilie Holland, Great Neck Road comments on water withdrawal and discharge rates, lighting regulations, limits on increase of impervious surfaces.

 

Paul Perkins comments that the Schneider facility is a target, and asks if the Town Council can guarantee there will be no retail ever allowed there.

 

Discussion ensues relative to continuing this Public Hearing, and referring back to the Planning Board to refine the overlay districts. The Director of Planning asks that it be referred back to Planning Department staff to offer options back to the Town Council. Discussion ensues relative to odor regulations being regulated by the RI Department of Business Regulation, and the size of facilities are governed by existing lot size regulations.

 

UNANIMOUSLY VOTED: to continue to March 13, 2023 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. The Planning Department is directed to refine the scope of the retail overlay districts.

 

9.         COMMUNICATIONS

 

A.        UNANIMOUSLY VOTED: that 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 13^th Council meeting is received, placed on file, and the request is granted.

 

B.        A request for American Rescue Plan Act (ARPA) funding by the Union and Kingston Fire Districts is considered. Chiefs Pinch and Reed are present and testify on behalf of their requests. The Town Manager notes that the original request did not meet ARPA requirements, and now all funds have been allocated. It will be at least a year before it is known if any additional funds will be available that could be allocated to the Fire Districts.

 

UNANIMOUSLY VOTED: that 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, referred to the Town Manager.

 

C.        UNANIMOUSLY VOTED: that 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 referred to Town staff.

 

D.        UNANIMOUSLY VOTED: that 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 tabled.

 

E.         The notice of resignation of a School Committee member is discussed. The Town Manager advises that the Town Council has the responsibility of appointing a successor to fill the remainder of the term, and reviews the process that was followed the last time a member resigned. The vacancy was advertised, applicants were interviewed, and appointments were then made.

 

UNANIMOUSLY VOTED: that 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 directs that a letter of thanks be sent to Ms. Fish.

 

F.         UNANIMOUSLY VOTED: that 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 directs that a letter of support be sent.

 

G.        The Town Manager discusses that an email concerning the hiring of outside consultants may be referring to the ARPA consultants hired last year to assist the Town. As a result of Federal standards being relaxed, the cost of the consultants is expected to be substantially less, and the savings will be re-allocated to the EMS building.

 

UNANIMOUSLY VOTED: that 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 and placed on file.

 

H.        UNANIMOUSLY VOTED: that 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 referred for consideration during the budget hearings.

 

I.          Discussion ensues, and it is

 

UNANIMOUSLY VOTED: that 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 referred to Town Planning Department staff to collaborate with the Town of Charlestown.

 

10.       TOWN MANAGER’S REPORT

 

A.        The Town Manager reports that the School Building Committee (SBC) is at a crossroads, they have vetted properties and presented their information. A meeting is scheduled for Thursday, March 2^nd at which the architect from Studio JAED will be present to answer questions, along with the Town’s Finance Director and bond counsel.

 

B.        The Town Manager discusses the Bicycle – Pedestrian Advisory Committee (BPAC) draft Master Plan, and the disagreement between BPAC, the Planning Board and Planning Department staff over its adoption. There is a grant potential to fund a Town-wide mobility plan. BPAC has also proposed adoption of a Complete Streets ordinance, and there needs to be review of their mission statement.

 

The Director of Planning reports that the draft BPAC Master Plan was reviewed by the Director of Public Services, Legal Services, Director of Planning and Planning Department staff. The Planning Board reviewed it in September and recommended to the Town Council that the Town retain a professional consultant regarding developing a Master Plan and Green and Complete Streets ordinance. Funding would be provided through the Capital Budget, and the Public Services Department could contribute some funds to expand that to a Town-wide Mobility Plan.

 

Discussion ensues regarding the Federal Safe Streets For All Plan. Discussion ensues regarding the BPAC Master Plan shortfalls with data and analysis. The recommendation is to support hiring a qualified consultant and preparing a Town-wide Mobility Plan that would position the Town for State and Federal funding. Statewide Planning may provide funding assistance for the consultant.

 

Ken Burke, BPAC member reviews the group’s work over the past few years. He endorses the Town Solicitor’s recommendation that BPAC be a standing committee, and that they would have more involvement with staff. He knew their Master Plan was qualitative, not quantitative. They are asking that the Master Plan, Green and Complete Streets ordinance be accepted or adopted, and their mission/charge include collaboration between staff and the Town Solicitors.

 

Discussion ensues.

 

The Town Manager discusses Public Safety. After listening to all staff recommendations, he supports a Comprehensive Master Plan and seeking Federal funding for a full Town-wide Mobility Plan.

 

Further discussion ensues.

 

Council President McEntee acknowledges the work done by the BPAC.

 

Dorothy Hill, BPAC member speaks in support of adoption of their Complete Streets ordinance.

 

The Director of Planning recommends that Complete Streets should be a policy, not an ordinance due to regulatory issues. Staff could prepare a draft policy statement in the next month or so for Council consideration.

 

Council President McEntee requests that the Planning staff prepare a draft policy in the next few months, if possible.

 

Discussion ensues with regard to putting BPAC on pause for the next few months.

 

Lisa Beth Sanford, BPAC member defends continuation of the group’s efforts, and states they are making progress.

 

A motion is made to adjourn. After discussion, it is decided to move to the New Business Items remaining on the Agenda. The motion to adjourn is rescinded.

 

13.       NEW BUSINESS

B.        UNANIMOUSLY VOTED: to reject 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).”

 

C.        UNANIMOUSLY VOTED: to authorize 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).”

 

G.        UNANIMOUSLY VOTED: to authorize 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.”

 

11.       COMMENTS FROM INTERESTED CITIZENS – none

 

12.       APPOINTMENTS

 

A.        UNANIMOUSLY VOTED: to appoint Joshua White Port to the Affordable Housing Collaborative Committee for a term to expire in August 2024.

 

UNANIMOUSLY VOTED: to appoint Dennis John Bowman to the Conservation Commission for a term to expire in September 2024.

 

UNANIMOUSLY VOTED:  to adjourn at 11:35 PM.

 

 

Susan M. Flynn, CMC

Town Clerk