WORK SESSION

 

JANUARY 9, 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 9^th day of January 2023 at 7:06 PM.

 

            PRESENT:     Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

 

 

1.         A.        CLOSED EXECUTIVE SESSION

 

Regular Session is reconvened at 7:06 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 matters pertaining to collective bargaining re: the International Brotherhood of Police Officers (IBPO) Local 489 labor contract.

 

Michael Ursillo, Town Solicitor announces the approval during Closed Executive Session of a three-year collective bargaining agreement with IBPO local 489 effective July 1, 2022 through June 30, 2025.

 

2.         A.        INTERVIEWS

 

The Town Council interviews David Hill concerning his interest in being reappointed to the Historic District Commission.

 

The Town Council interviews Richard Youngken concerning his interest in being reappointed to the Historic District Commission.

 

2.         B.        WORK SESSION

 

James M. Manni, Town Manager reviews Public Hearing Item 8A that was tabled from December 12, 2022, concerning proposed amendments to the Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis in the Town’s Commercial Highway (CH) and Industrial One (IND-1) Districts.

 

Michael Ursillo, Town Solicitor recommends the Council close the Public Hearing, reject the proposed amendments as presented, and place an Order of Notice on the next meeting for a new hearing on revisions to the Zoning Ordinance developed by the Planning Board at the Council’s request.

 

The Town Manager reviews the Communication Items on this evening’s Agenda beginning with Item 9A, an email from Paul and Joanne Payson requesting a waiver of penalty on late tax payments for first time offenders. It is noted that staff is researching the implementation of a program in accordance with state law that would allow the Town to give a one-time abatement every 5 years for a first-time offender.

 

Discussion ensues relative to the percentage of first-time offenders who are late paying their taxes and the amount abatements would cost.

Communication Item 9B is an email from Justin Bibee, Rhode Island Human Rights Project requesting a proclamation recognizing December 10^th as Human Rights Day. The Town Manager notes that this proclamation is for December 2023 and suggests tabling the item to a future meeting.

 

Communication Item 9C is a letter from Christian Blaney tendering his resignation from the Affordable Housing Collaborative Committee effective immediately.

 

Communication Item 9D is a letter 2022 from W. Murray Gates, President, Friends of the Kingston Railroad Station requesting support for their proposal to the RI Department of Transportation (RIDOT) for the acquisition and restoration of the Kingston Railroad Signal Tower.

 

Communication Item 9E is a letter from Jim O’Neill concerning recreational cannabis licenses and requesting the appointment of special counsel for licensing issues.

 

Communication Item 9F is an email from Councilwoman Rose concerning free Town Beach passes for members of the Narragansett Tribe. Procedurally this should be referred to the Recreation Commission for review and they’ll provide a recommendation to the Council.

 

Communication Item 9G is an email from Councilwoman Rose concerning Town Council support for a School Facilities Plan only if the High School remains at Columbia Street. It is noted that the School Committee voted in support of siting the High School project at Columbia Street.

 

Convened to Regular Session.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

 

 

 

 

REGULAR SESSION

 

JANUARY 9, 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 9^th day of January 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 December 12, 2022 are accepted, approved, and placed on file.

 

B.        Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on December 12 and December 19, 2022 are accepted, approved, and placed on file.

 

C.        Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on December 12, 2022 are accepted.

 

6.         CONSENT AGENDA

 

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

 

7.         LICENSES

 

(CA)    7A.      UNANIMOUSLY VOTED: to grant Victualling Licenses to the following; Renewals:

 

CL Enterprises, Inc. d/b/a Hal’s Garage & Auto Body, 171 Old Tower Hill Road, Wakefield, RI 02879. Application by R. Harold Thomas, Jr., President. License No. 59175.

 

Gen-Care, Inc. d/b/a Subway @ The Emporium, 99 Fortin Road, Kingston, RI 02881. Application by Paul Gencarelli, President. License No. 59750.

 

Golden Jade, Inc. d/b/a Peking Tokyo, 120 Fortin Road, Kingston, RI 02881. Application by Zongdong Zhu, President. License No. 60677.

 

Harte, Inc. d/b/a B Smooth, 99 Fortin Road, Kingston, RI 02881. Application by Dillon Harte, President. License No. 77304.

 

Meldgie’s Rivers Edge Café, LLC d/b/a Meldgie’s Rivers Edge Café, 406B Main Street, Wakefield, RI 02879. Application by Mark Eldridge, Member. License No. 61432.

 

(CA)    7B.      UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:

 

Belmont Marketplace, Inc. d/b/a Belmont Marketplace, 600 Kingstown Road, Wakefield, RI 02879. Application by Vincent Siravo, President. License No. 59664.

 

Creighton Company d/b/a Sweet Cakes Bakery, 1227 Kingstown Road, Wakefield, RI 02879. Application by James Creighton, President. License No. 74240.

 

KCW Bagels, III, LLC d/b/a Providence Bagel, 99 Fortin Road, Kingston, RI  02881. Application by Chris Wietecha, Member. License No. 63335.

 

Ocean Catch Seafood, LLC d/b/a Ocean Catch Seafood, 566 Kingstown Road, Wakefield, RI  02879. Application by Jane Karako, Member. License No. 65417.

 

Kingston Mart, 100 Fortin Road, Kingston, RI 02881. Application by Mohamed Hsaine, Owner. License No. 66454.

 

Rosario’s Restaurant, Inc. d/b/a Kingston Pizza, 63 Briar Lane, Kingston, RI 02881. Application by Samuel Sciabarrasi, President. License No. 59104.

 

Rosario’s Restaurant, Inc. d/b/a Kingston Pizza, 1283 Kingstown Road, Wakefield, RI 02879. Application by Samuel Sciabarrasi, President. License No. 59107.

 

(CA)    7C.      UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:

 

CoxCom, LLC d/b/a Cox Communications, 35 South County Commons Way, Wakefield, RI 02879. Application by Paezle Turner, License Manager. License No. 60315.

 

Narragansett Pest Control Inc. d/b/a All Outdoors Power Equipment, 4060 Tower Hill Road, Wakefield, RI 02879. Application by Margaret Siligato, President. License No. 61388.

 

The Purple Cow Co. d/b/a The Purple Cow, 205 Main Street, Wakefield, RI 02879. Application by Melinda Witham, President. License No. 78091.

 

Stone Cove Marina, Inc. d/b/a Stone Cove Marina, 134 Salt Pond Road, Wakefield, RI 02879. Application by Steve Wood, President. License No. 59433.

 

Wakefield Music Company d/b/a Wakefield Music, 58 Main Street, Wakefield, RI 02879. Application by Dennis Costa, President. License No. 59770.

 

(CA)    7D.      UNANIMOUSLY VOTED: to grant a Junk Yard License to Pitchers Garage, Inc. d/b/a Pitchers Garage, 2210 Post Road, Wakefield, RI 02879. Application by Paul Pitcher, President. License No. 59744.

 

(CA)    7E.       UNANIMOUSLY VOTED: to grant a Private Detective License to Hill Investigations, LLC d/b/a Hill Investigations, 96 Parsons Lane, West Kingston, RI 02892. Application by Kimberly Hill, Member. License No. 62049.

 

(CA)    7F.       UNANIMOUSLY VOTED: to grant a Tourist Accommodations License – Trailer Park to Blackbeard Homeowner’s Association, 836 Matunuck Beach Road, Wakefield, RI 02879. Application by Sabrina Courville, Secretary. License No. 63998.

 

8.         PUBLIC HEARING

 

A.        Notice having been duly given, a Public Hearing tabled from December 12, 2022 is held to consider proposed amendments to the South Kingstown Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis in the Town’s Commercial Highway (CH) and Industrial One (IND-1) Districts, as follows:

 

ARTICLE 3: USE REGULATIONS

 

Sec. 300. Schedule of use regulations.

* * *

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

* * *

            10        Marijuana/Cannabis-Related Uses

* * *

Sec. 301. Schedule of Use Regulations Table.

* * *

 

* * *

 

* * *

ARTICLE 5: SUPPLEMENTARY REGULATIONS

 

* * *

Sec. 504. Special use permits.

* * *

504.15. Marijuana/cannabis-related uses.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

* * *

 

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 close the Public Hearing.

 

UNANIMOUSLY VOTED: to reject the proposed amendments to the South Kingstown Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis in the Town’s Commercial Highway (CH) and Industrial One (IND-1) Districts, as presented.

 

The Town Solicitor explains that at the last meeting, Council directed staff and the Planning Board to develop overlay districts, and the revisions to the proposed amendments are so substantially different from the original amendments that it is required to post a new notice of hearing.

 

The Town Council thanks the Planning Board for reworking the proposed regulations.

 

9.         COMMUNICATIONS

 

A.        An email requesting a waiver of penalty on late tax payments for first time offenders is considered. The Town Manager notes there is a provision in state law that allows a one-time abatement for first-time offenders every 5 years only if there is a Town ordinance in place, and requests this item be referred to Town staff and the Town Solicitor for further research.

 

Discussion ensues relative to the number of first-time offenders, and the adopted tax collection policy that late payment charges be based on the full remaining balance of taxes owed.

 

Mark Capuano, Tax Assessor is present and reviews the joint effort between the Tax Assessor’s and the Tax Collector’s office and clarifies that this would be considered an interest waiver, not an abatement.

 

Discussion ensues, and it is

UNANIMOUSLY VOTED: that an email dated December 12, 2022 from Paul and Joanne Payson requesting a waiver of penalty on late tax payments for first time offenders is received, placed on file, and referred to Town staff.

 

B.        UNANIMOUSLY VOTED: that an email dated December 14, 2022 from Justin Bibee, Rhode Island Human Rights Project requesting a proclamation recognizing December 10^th as Human Rights Day is received, placed on file, and tabled for a future meeting.

 

C.        UNANIMOUSLY VOTED: that a letter dated December 19, 2022 from Christian Blaney tendering his resignation from the Affordable Housing Collaborative Committee effective immediately is accepted, and the Town Council directs that a letter of thanks be sent.

 

D.        W. Murray Gates, President, Friends of the Kingston Railroad Station presents a request for support for their Kingston Railroad Signal Tower project. The group needs Town participation to purchase, renovate and move the Tower. The RI Department of Transportation (RIDOT) owns the land and the Tower, and will only work with the Town for purchase. Mr. Gates notes RIDOT’s request for verification of the Town’s willingness to purchase the Tower and sell it to the Friends of the Kingston Railroad Station, and that the Town will lease the state-owned land for the Tower’s relocation. It is noted that the Friends of the Kingston Railroad Station are exploring funding and grant opportunities to support the restoration project, and it has been endorsed by the Town’s 300^th Anniversary Committee.

 

Discussion ensues relative to the estimated costs of the proposed project and potential funding sources. The group can begin fundraising only when they have a documented and endorsed project.

 

Michael Ursillo, Town Solicitor notes RIDOT will only sell the Tower and lease the land to the Town, so the Town must own it first before conveying it to the group.

 

James Rabbitt, Director of Planning is present and notes that the relocation of the Tower is part of the West Kingston Village ARPA project. It is noted that RIDOT wants assurances that the Town will pursue an actual project for the Tower.

 

UNANIMOUSLY VOTED: that a letter dated December 21, 2022 from W. Murray Gates, President, Friends of the Kingston Railroad Station requesting support for their proposal to the RI Department of Transportation for the acquisition and restoration of the Kingston Railroad Signal Tower is received, placed on file, and the Town Council endorses the proposal in concept and directs Town staff, the Historic District Commission, and the Town Solicitor to review and present their findings on the project.

 

E.         Jim O’Neill is present and comments on his email concerning recreational cannabis licenses, Sweet Spot Dispensary’s relocation to Exeter, and his request that the Town hire special legal counsel to monitor the RI Department of Business Regulation (DBR), regulations and licenses.

 

The Town Solicitor advises that DBR is not ready to put regulations in place or issue licenses at this time.

 

The Town Manager provides a brief overview of a meeting held between a local cultivator, Town staff and DBR.

 

UNANIMOUSLY VOTED: that a letter dated January 2, 2023 from Jim O’Neill concerning recreational cannabis licenses and requesting the appointment of a special counsel for licensing issues is received, placed on file, and referred to Town staff and the Town Solicitor.

 

F.         Councilwoman Rose comments in support of her email suggesting the Town provide free beach passes to members of the Narragansett Tribe.

 

Randy Noka is present and comments in support of this request.

 

UNANIMOUSLY VOTED: that an email dated December 24, 2022 from Councilwoman Jessica Rose concerning free Town Beach passes for members of the Narragansett Tribe is received, placed on file, and referred to the Recreation Commission.

 

G.        UNANIMOUSLY VOTED: that an email dated December 24, 2022 from Councilwoman Jessica Rose concerning Town Council support for a School Facilities Plan only if the High School remains at Columbia Street is received, placed on file, and the Town Council affirms the School Committee’s decision to site the South Kingstown High School project at Columbia Street property.

 

H.        In response to Councilwoman Bergner’s email regarding the South Road School property, the Town Manager reviews the issue of Town properties. South Road School property is connected to the Curtis Corner Middle School, and restrictions are being looked at. A basic report or update is expected by early March.

 

Council Vice President Marran notes that swing space will be needed during the school project, and discussion ensues.

 

UNANIMOUSLY VOTED: to add Wakefield School to the Agenda for discussion purposes.

 

Michael Ursillo, Town Solicitor advises that the School Committee has control of the Wakefield Elementary School building until they relinquish the use of it.

 

UNANIMOUSLY VOTED: that an email dated January 4, 2023 from Councilwoman Deborah Bergner concerning next steps for the South Road School property is received, placed on file, and the Town Manager is directed to review and provide an update with options in 60 days.

 

I.          Discussion ensues relative to Councilwoman Alley’s email concerning the Elderly Tax Exemption Program. Mark Capuano, Tax Assessor reviews how the Town reaches out to seniors and encourages applications to the program, including presentations at the Senior Center and through social media. It is noted there are 176 applicants on the 2022 tax roll. The Town Manager comments that tax bills could be sent out with a note outlining the options available.

 

Discussion ensues regarding Councilwoman Alley’s email concerning a Homestead Exemption for year-round residents. The Town Manager notes that only 9 of 39 municipalities in this state have such a program. The Town is studying this issue and will report back with information. It is noted that exemptions would shift the tax burden in the Town. Council President McEntee notes this is a good opportunity to look at options and comments on the need for a rental registration program. The Town plans to establish a Municipal Court, review a rental registration program, and then could look at Homestead enabling legislation next year.

 

UNANIMOUSLY VOTED: that an email dated January 5, 2023 from Councilwoman Patricia Alley concerning the Elderly Tax Exemption Program and Homestead Exemptions for year-round residents is received, placed on file, and referred to the Town Manager.

 

10.       TOWN MANAGER’S REPORT

 

The Town Manager reports on an incident on Saturday regarding the rental of a residential home to a business.

 

UNANIMOUSLY VOTED: to add the topic of rental registration to the Agenda for discussion.

 

The Town Manager reports that a residential property on Sleepy Hollow Lane owned by an investor was rented out to a yoga studio that held a yoga retreat there on Saturday. A complaint had been received and Town staff investigated the incident. The Town will issue a notice of violation to the property owner for operating a business in an R40 residential zone.

 

Discussion ensues regarding how higher property values encourage investors to buy for rental opportunities, and the need to establish a rental registration program to address safety issues and short-term rentals.

 

Jerome Bryers, resident of Sleepy Hollow Lane is present and comments on the incident and on business activities in residential neighborhoods.

 

Discussion ensues regarding the establishment of a Municipal Court by July 1^st followed by development of a rental registration program to monitor and regulate short-term rentals. Town staff will review options.

 

A.        Lucas Murray, Director of Administrative Services provides a brief update on the School Building Committee (SBC). Mr. Murray reports that the SBC is working on a new master schedule of meetings and is looking to have guidance on financial framework by February 1^st.

 

Discussion ensues relative to potentially developing questions to present to the SBC and the School Committee, and providing direction on whether to pursue a renovation project or a new building for the High School.

 

Mr. Murray reminds the Council that enabling legislation will be needed for a bond referendum and the timeline to complete that process.

 

Further discussion ensues relative to scheduling a special meeting with the School Committee relative to the School Facilities Plan.

 

B.        The Town Manager gives a brief update on the American Rescue Plan Act (ARPA) funding applications for affordable housing and human services and outside agencies. A total of $800,000 is available. To date the Town has received three applications and additional application submissions are encouraged.

 

11.       COMMENTS FROM INTERESTED CITIZENS

 

Council President McEntee invites residents to come forward with comments.

 

Jim O’Neill comments on the dollar amount of late tax payments and a potential waiver program, Homestead Act, state tax relief for elderly residents, and commercial real estate buyers and short-term rentals.

 

Randy Noka expresses his appreciation to the Town Council for being receptive to tribal concerns and proposes that Town Farm Park be given to the Narragansett Tribe.

 

Councilwoman Bergner comments on having work sessions to discuss the Town Council’s Goals and Objectives and Rules of Conduct, and with the Planning Board to discuss housing issues.

 

Discussion ensues relative to holding Closed Executive Sessions and Work Sessions on special topics at 6:30 PM prior to Regular Sessions. 

 

12.       APPOINTMENTS

 

UNANIMOUSLY VOTED: to reappoint David Hill and Richard Youngken to the Historic District Commission for a term to expire December 2025.

 

13.       NEW BUSINESS

 

A.        UNANIMOUSLY VOTED: to authorize an award to McGovern Municipal HQ, 1200 Worcester Road, Framingham, MA 01702 for the purchase of one (1) 2022 Ford Explorer Interceptor Utility AWD vehicle, 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 $34,435; as further described in a memorandum from the Chief of Emergency Medical Services to the Town Manager dated December 20, 2022 and entitled “McGovern Commercial HQ – Award Recommendation – Ford Explorer Vehicle – Community Paramedic Program.”

 

B.        Discussion ensues relative to an amendment to the engineering contract for the Marina Park Boat Ramp to address expanded handicapped access requirements. The Town Manager reviews a $280,000 grant that was secured from the RI Department of Environmental Management (RIDEM) and the Federal Sport Fish Restoration program. To fulfill grant requirements, the State requires the Governor’s Commission on Disabilities to review the project and it was determined that the plans need to include designs for a handicapped parking space and an access ramp from Salt Pond Road to the base of the boat ramp. The additional design could be costly due to the added work, and the Town is seeking additional grant funding.

 

UNANIMOUSLY VOTED: to authorize an amendment to an existing contract, originally granted on April 12, 2021 and amended on July 11, 2022 to GZA GeoEnvironmental, Inc., 188 Valley Street, Providence, RI 02909 for Design, Permitting & Construction Inspection Services for the Marina Park Boat Ramp and Town Dock, from an amount not to exceed $81,200 to an amount not to exceed $119,600 in accordance with the amended specified scope of work required for handicapped access; as further described in a memorandum from the Director of Leisure Services to the Town Manager dated December 30, 2022 and entitled “Recommendation for Amended Engineering Contract – Marina Park Boat Ramp and Town Dock (SK0097RD).”

 

C.        UNANIMOUSLY VOTED: to authorize an award of bid to StarNet Solutions, Inc., 90 Main Street, Farmingdale, NJ 07727 for server infrastructure hardware in an amount not to exceed $49,543, including a $2,000 contingency; and as further described in a memorandum from the Information Technology Director to the Town Manager dated January 3, 2023 and entitled “Town Server Infrastructure Hardware Recommendation.”

 

D.        Discussion ensues relative to the purchase of a cardiac monitor for the Community Paramedicine Program. Craig Stanley, Chief of EMS requests that the contract amount be amended from $45,708 to $46,091 to reflect a slight price increase resulting from the expiration of a thirty-day quote.

 

UNANIMOUSLY VOTED: to authorize an award of contract, as amended, to Stryker Medical, P.O. Box 93308, Chicago, IL 60673-3308 for the purchase of one (1) LIFEPAK 15 V4 Cardiac Monitor/Defibrillator in accordance with pricing per MPA-370 Automated External Defibrillators & Accessories Cooperative Agreement, Contract Purchase Agreement 3651044, in an amount not to exceed $46,091; and as further described in a memorandum from the Chief of EMS to the Town Manager dated January 4, 2023 and entitled “Award of Contract Cardiac Monitor – Community Paramedicine Program.”

 

E.         UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing to consider proposed amendments to Police Department Standing Orders relative to Department Policy 220.07 Promotional Procedure, as follows:

 

South Kingstown Police Department

1790 Kingstown Rd., Wakefield, RI 02879

 

 

 

I.              PURPOSE

The purpose of this policy is to establish guidelines for the promotion of sworn personnel.

 

II.            POLICY

The South Kingstown Police Department seeks to ensure that the most qualified sworn members of the department are recognized for their abilities and are promoted to supervisory positions within the department.  The department recognizes the importance of a promotional process that is fair, transparent, job-related, non-discriminatory and consistent with the provisions outlined in the South Kingstown Town Charter Section 4415 “Qualifications for Appointment and Promotion” and consistent with the Collective Bargaining Agreement between the Town of South Kingstown and Local 489 International Brotherhood of Police Officers.

III.           PROCEDURE

A.   The Chief of Police is vested with the authority and responsibility of administering the promotional process.

 

B.   Promotional Eligibility

1. Candidates for promotion must have served in their present grades for the periods indicated below to be eligible to apply for entry into the promotional process and must be off probation.  For the purpose of this regulation, seniority will be consistent with the Collective Bargaining Agreement between the Town of South Kingstown and Local 489 International Brotherhood of Police Officers Article III Section 1. 

a.    Sergeant - Any department member holding the rank of Patrol Officer or Detective with four years of service with this department, including probationary time, on the date of the posting for the examination.  Transfer officers with two or more years of RI POST certified experience will be allotted one (1) year eligibility towards taking the Sergeant’s test (not seniority points).

b.    Lieutenant - Any department member who is a permanent Sergeant on the date of the posting.

c.    Captain – Any department member who is a permanent Lieutenant on the date of the posting.

d.    Deputy Chief – Any department member who is a permanent Lieutenant or Captain on the date of the posting.

2. Any otherwise eligible officer who is on suspension or disciplinary probation as of the date of the posting or at any time during the promotional process will not be allowed to participate in the promotional process.

 

C.   Written Announcement of Promotional/Transfer Process

1.    The Chief of Police will ensure that a written announcement of any promotional/transfer process is emailed to all sworn members of the department via departmental email.  This email will indicate where the written announcement will be posted.

2.    The written announcement will include:

a.    A description of the position(s) available;

b.    A list of reading material for the written examination (if applicable); 

c.    Date of the written examination (if applicable);

d.    A closing date and time for a response of intent to participate in the process.

3.    Sworn members wishing to participate in the process will email the Chief of Police directly, as indicated in the announcement.  

4.    Any officers out on OJI, extended leave or on military duty will be notified of the process.       

 

D.   Promotional process for the rank of Sergeant

1. The promotional process for the rank of Sergeant will be held annually and will consist of the following phases:

Peer Evaluation                                  10 points maximum

            Executive Command Staff Interview

                        Captains & Deputy Chief        15 points maximum

Police Chief                            15 points maximum

Written Exam                                      35 points maximum

Education/Military Service                  15 points maximum

Seniority                                              10 points maximum

Total                                                  100 points maximum

2. Peer Evaluation                              

Peer evaluations will be assessed by all full time, sworn officers, in the following manner, and commence as soon as the deadline to sign up for the process has passed.

Officers will be provided with the preliminary promotional list, containing the names of eligible candidates for evaluation, and will be allotted a minimum of ten (10) business days to complete their evaluations.  Evaluations are mandatory and a deadline for completion will be given upon dissemination of the list of eligible candidates.

a.    Candidates shall receive up to ten (10) points after evaluations.

b.    Every Patrol Officer, Sergeant and Lieutenant will choose their top five (5) candidates from the preliminary promotional list and rank them #1 through #5, with the #1 candidate being who they feel is most qualified for the position.  Each of their top five (5) candidates must be given a 1 – 5 rating, with each rating being utilized only once.  

c.    A point value of 5 will be assigned to the #1 candidate, in one (1) point increments down to a value of 1 for the #5 candidate.  The points given will be averaged separately by Patrol Officers as one group and Sergeants and Lieutenants as another group.  A maximum of five (5) points will be allotted to each candidate, by each group, for a total maximum of ten (10) points. 

d.    Every candidate who receives at least one (1) peer recommendation will receive an interview with the Executive Command Staff.

e.    Peer evaluation scores will be disseminated to those involved in the process prior to the written exam being held for the Sergeant’s process.

3. Executive Command Staff Interview

a.    Candidates shall receive up to thirty (30) points based upon the oral interview.

b.    Interviews will be conducted by the Executive Command Staff, consisting of the Captains, Deputy Chief and Chief of Police.

c.    The Captains and Deputy Chief will each choose their top five (5) candidates from those interviewed and rank them #1 through #5, with the #1 candidate being who they feel is most qualified for the position.  Each of their top five (5) candidates must be given a 1 – 5 rating, with each rating being utilized only once.

d.    The points given by the Captains and Deputy Chief will be added together and a maximum of fifteen (15) points will be allotted to each candidate.

e.    The Chief of Police may award a maximum of fifteen (15) points to each candidate interviewed.

f.     Executive Command Staff Interview scores will be disseminated prior to the written exam being held.

4. Written Examination

a.    A list of suggested reading materials shall be posted and available at least thirty (30) days prior to the scheduled test date, when practicable and applicable.

b.    The written exam will be an objective test consisting of multiple-choice questions and true or false questions designed to test each candidate’s knowledge and proficiency. 

c.    The written exam shall be provided by an expert in the field of police testing procedures representing a college or university or a nationally recognized personnel management association specializing in police/educational testing.  The testing authority shall be selected by the Town Manager in his capacity as Public Safety Director and the Chief of Police. 

d.    The department will bear the cost of written examinations.

e.    The Chief of Police will honor any security agreements between the department and agencies providing the examinations.

f.     A score of seventy (70) out of a possible one hundred percent (100) is a passing score for the exam.  All candidates who achieve a passing grade on the exam will be listed on the promotional list.

g.    Candidates shall receive up to thirty-five (35) points for the written exam.

h.    Scores will be posted after the written exam and emailed to all those who took part in the exam.

i.      Candidates may request through the Chief of Police the opportunity to review and/or challenge incorrect answers. Such requests shall be made within seven (7) days of receipt of test scores.

5. Education and Military

a.    Candidates shall receive up to a maximum of fifteen (15) points for college credits or degrees or military service as follows:

Military service                                                                  3 points

Associates Degree                                                            5 points

Bachelor’s Degree                                                            10 points

Master’s Degree, Doctorate, or Juris Doctorate              15 points

b.    Educational points will be given for the highest degree held.

c.    Military and educational points can be combined up to a maximum of 15 points.

d.    College credits or degrees must be from accredited institutions and the candidate shall provide a copy of the transcript or degree to the Chief of Police by the date of the written exam for the rank of Sergeant or date of interview for all other ranks.

e.    Military service must be a minimum of 2-years of continuous, active-duty, in the United States military, with an honorable discharge.  The candidate is responsible for providing a copy of their DD 214 to the Chief of Police by date of the written exam for the rank of Sergeant or date of the interview for all other ranks.

6. Seniority

a.    For the purpose of the promotional process, each candidate shall receive a maximum total of ten (10) seniority points that will be determined on the date the promotional process is announced.  Seniority points will be calculated in the following manner and are based on years of service with this department:

Four (4) years of service, but less than five (5)                     2 points

Five (5) years of service, but less than ten (10)                     4 points

Ten (10) years of service, but less than fifteen (15)              6 points

Fifteen (15) years of service, but less than twenty (20)         8 points

Twenty (20) or more years of service                                                10 points

7. Certification

a.    When all phases have been completed and the overall scores of each candidate have been computed, each candidate will receive a summary sheet signed by the Chief of Police.

b.    The Chief of Police will submit the list of all passing candidates to the Town Manager within seven (7) day of the final results of the written exam, to include the appeal process.  Once certified by the Town Manager, this list will be valid for one year. 

c.    Promotions shall be selected from the top three (3) names on the list, with each officer allowed the option of refusing or waiving their promotion. 

d.    When a vacancy occurs, the Chief of Police may conduct an interview with the top three (3) candidates on the list, prior to making a decision on who will fill the vacancy. 

e.    The Chief of Police will then submit the list of the top three candidates from the promotional list with their corresponding scores along with a recommendation for promotion to the Town Manager.  In the event the Chief of Police recommends a candidate other than the candidate who attained the highest score, the Chief of Police will submit to the Town Manager a written justification of his/her reason/s for such recommendation. 

f.     The promotional list of all candidates shall remain in effect for a period of one (1) year from the date it is certified by the Town Manager. Each time a promotion is made, department members on the list will move up one (1) position.  If during the time the promotional list is active it falls to less than three (3) candidates, the Chief may choose to pick from said list or to begin a new promotional process. 

g.    If an officer waives their promotion, they shall retain their position on the list for the remainder of the life of the list.  All officers finishing lower than the officer waiving the promotion will move up in number on the list to ensure that there are always three (3) officers for the Chief to select from, in all cases in which more than three (3) officers passed the written exam.

h.    In the event of a tie between two or more candidates, the candidate with the most overall seniority shall bump the other officer(s). 

 

5. Promotional Processes for the Ranks of Lieutenant, Captain and Deputy Chief and Transfer Assignments

The promotional process for the ranks of Lieutenant, Captain, and Deputy Chief, as well as any consideration for transfers or temporary assignments will be held as necessary.  The Chief of Police and Deputy Chief will conduct interviews with all eligible candidates and evaluate them on criteria to include:

Performance

Peer Evaluation (rank only)

Attendance

Seniority

Education/Military Service     

1.    Peer Evaluation

Peer evaluations will be assessed by all full time, sworn officers, in the following manner, and commence as soon as the deadline to sign up for the process has passed.

Officers will be provided with the preliminary promotional, containing the names of eligible candidates for evaluation and will be allotted a minimum of ten (10) business days to complete their evaluations.  Evaluations are mandatory and a deadline for completion will be given upon dissemination of the list of eligible candidates.

a.    Every sworn officer will choose their top five (5) candidates from the candidates to be interviewed and rank them #1 through #5, with the #1 candidate being who they feel is most qualified for the position.  Each of their top five (5) candidates must be given a 1 – 5 rating, with each rating being utilized only once.

b.    Peer evaluation rankings will be submitted to the Chief of Police for consideration during the process and will be disseminated to those involved in the process prior to the Chief’s Interview.

2.    Chief’s Interview

a.       The Chief’s Interview will be conducted for the promotional process of Lieutenant, Captain, and Deputy Chief, and may include the Chief and Deputy Chief.

b.      The Chief’s Interview will be conducted for any transfers or temporary assignments and may include the Chief, Deputy Chief and a supervisor of the division the candidate may be transferred.

3.    Promotions / Transfers

Upon completion of the process, promotions or transfers will be announced by the Chief of Police.

 

6. Probationary Period
1. Upon promotion of any officer to higher rank, the promoted officer will enter into a probationary period at the new rank for a period of one (1) year beginning on the date of the promotion order. 
2. In the event the promoted officer does not demonstrate the professional competence commensurate with the promotional appointment, the Chief of Police shall forward a report and recommendation to the Town Manager establishing cause to revert the promoted officer to his/her former rank, classification, and pay.
3. Officers on probation are not considered permanent, in regard to eligibility, until the period of probation is completed.
4. Transfers and temporary assignments are at the pleasure of the Chief of Police and can be changed at any time due to lack of performance, funding or staffing shortages.

By Order of:

 

 

Matthew C. Moynihan

 

F.         Matthew Moynihan, Chief of Police is present and discusses a request to lease motorcycles to provide Police with the ability to better enforce traffic violations in congested or restrictive areas. This is a pilot program.

 

UNANIMOUSLY VOTED: to authorize an award to Seacoast Harley-Davidson, 17 Lafayette Road, North Hampton, NH 03682 for the lease of two (2) new Harley Davidson FLHTP Electra Glide Police Motorcycles for a 36-month term, paid in yearly installments of $4,500 per motorcycle (total $9,000 per year), for a total lease cost of $27,000; and the purchase of allied police motorcycle warning system lighting/accessories in an amount not to exceed $18,500, including contingency; and as further described in a memorandum from the Police Chief to the Town Manager dated January 4, 2023 and entitled “Award Recommendation – Patrol Motorcycles.”

 

G.        The Police Chief presents a sample photo of police vehicle high visibility graphics, and it is

 

UNANIMOUSLY VOTED: to authorize an award to Island Reflections Corporation, 83 Conanicus Road, Narragansett, RI 02882, for the installation of high visibility police graphics; to include an initial one-time design charge of $1,840, and an amount not to exceed $1,160 per vehicle, and as further described in a memorandum from the Police Chief to the Town Manager dated January 4, 2023 and entitled “Award Recommendation – Vehicle Graphics”.

 

H.        UNANIMOUSLY VOTED: to authorize an award to Strobes N More, 81 Tom Harvey Road, Westerly, RI 02891, for the installation of emergency lights and accessories, per RI MPA #566, in an amount not to exceed $25,000, including contingency; and as further described in a memorandum from the Police Chief to the Town Manager dated January 4, 2023, and entitled “Award Recommendation – Emergency Lights and Accessories.”

 

I.          James Rabbitt, Director of Planning provides a brief overview of a grant opportunity for $20,000 to survey historic Matunuck Beach area properties, to be matched with $5,000 of in-kind support provided by the Historic District Commission, Planning Department, and the GIS Program. Funding will be used for a consultant to do a Historic Resource Survey.

 

Vice President Marran requests information on the last survey of historic resources that was done in 1984.  Richard Youngken, Historic District Commission member reviews the availability of the survey, the need to re-survey that area, and how sea-level rise will affect properties.

 

Vice President Marran notes that grant monies may be available through the federal inflation reduction program.  Mr. Rabbitt discusses the potential federal monies available through that program.

 

UNANIMOUSLY VOTED: to authorize the Planning Department and Historic District Commission to submit an application to the RI Historic Preservation and Heritage Commission for a 2023 Certified Local Government Grant to support a project to survey/inventory historic resources in the Matunuck Beach area for the purpose of identifying buildings that may be subject to impacts from climate change and sea level rise. The final grant application shall be subject to review and approval by the Planning Director and Town Manager; and as further described in a memorandum from the Director of Planning to the Town Manager dated January 4, 2023 and entitled “Request for Council Authorization for the Historic District Commission “HDC” to Apply for 2023 Certified Local Government Grant to Support Historic Resource Survey in Matunuck.”

 

UNANIMOUSLY VOTED: to adjourn at 10:03 PM.

 

 

Susan M. Flynn, CMC

Town Clerk