WORK SESSION

 

JANUARY 23, 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 23^rd day of January 2023 at 7:00 PM.

 

            PRESENT:     Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

 

 

1.         A.        INTERVIEW

 

The Town Council interviews Amy Crawford relative to her interest in serving on the Affordable Housing Collaborative Committee.

 

1.         B.        WORK SESSION

 

James Manni, Town Manager reviews License Item 6A, an application by the SK 300^th Anniversary Steering Committee for a Special Event permit to hold the SK Incorporation Day Bonfire at Saugatucket Park on Saturday, February 25, 2023.

 

License Item 6B is an application for new Victualling and Holiday Sales Licenses by Cakelicious LLC d/b/a Cakelicious Bakery & Café, 1227 Kingstown Road, Wakefield.

 

The Town Manager reviews the Public Hearing on this evening’s Agenda to consider and adopt the proposed FY 2023-2024 Capital Improvement Program.

 

The Town Manager reviews Communication Item 8A from Joseph DeSantis, Tri-County Community Action Agency requesting to present an overview of Tri-County Programs, the impact of services on the town, and to briefly discuss Tri-County’s tax exemption status. It is noted that the PILOT program was never launched, and the agency is requesting to maintain their tax exemption status.

 

Discussion ensues relative to Communication Item 8B concerning a resolution adopted by the Exeter Town Council in opposition to legislative amendments proposed by the RI House of Representatives Land Use Commission, Housing Working Land Group to address housing shortage and development issues. Small communities are grouping together against the “one size fits all” approach being proposed. Discussion ensues regarding how State law preempts local regulations.

 

Discussion ensues relative to Communication Item 8C concerning an email from Tom Routliffe, Broad Hill Residential Compound Homeowners Association relative to snowplowing of private roads.

 

Communication Item 8D is an email from Joanne Esposito tendering her resignation from the Economic Development Committee effective immediately.

 

Communication Item 8E concerns a request by Council President McEntee for William Green of URI to present his study on mixed use zoning in South Kingstown’s commercial highway districts.

 

The Town Manager’s Report this evening will include an update on American Rescue Plan Act (ARPA) funding and the Horsley Witten Housing Study to be presented by Jamie Rabbitt, Director of Planning; and an update on the School Building Committee.

Discussion ensues relative to New Business Item 12A authorizing advertisement of a Public Hearing to consider 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.

 

Discussion ensues relative to New Business Item 12B authorizing advertisement of a Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, that would add Article VIII. Waiver of Interest for Qualifying Quarterly Tax Payments.

 

Discussion ensues relative to New Business Item 12C that would refer proposed amendments to the Zoning Ordinance regarding election signs or political signs to the Planning Board for review.

 

New Business Item 12D is a proclamation recognizing the week of February 1, 2023, to February 7, 2023, to be National Gun Violence Survivors Week.   

 

Discussion ensues relative to New Business Items 12G and 12H concerning an award of bid to Municipal Leasing Consultants for a five-year tax-exempt master lease for the purchase of a new (replacement) ambulance, and an award of bid to Bulldog Fire Apparatus-Demers Ambulances for the purchase of one (1) Type – I, 2023 Ford F450, 4X4 ambulance.

 

New Business Item 12I concerns an award of bid to United Site Services Northeast, Inc. for portable restroom services for the Parks and Recreation Department for the 2023 and 2024 seasons.

 

Convened to Regular Session.

 

 

Nichole Romane

Deputy Town Clerk

 

 

 

 

 

 

REGULAR SESSION

 

JANUARY 23, 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 23^rd 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

 

 

1.         C.        REGULAR SESSION

 

2.         A.        PLEDGE OF ALLEGIANCE TO THE FLAG

 

The Pledge of Allegiance to the flag is given.

 

B.        LAND ACKNOWLEDGEMENT STATEMENT

 

The Land Acknowledgement Statement is read.

 

3.         ROLL CALL

 

Roll Call is taken and all members are present.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on January 4, January 5, and January 9, 2023 are accepted, approved, and placed on file.

 

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

 

C.        Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on January 9, 2023 are accepted.

 

5.         CONSENT AGENDA

 

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

 

(CA)    6C.      UNANIMOUSLY VOTED: to grant a Victualling License to Wanida Corporation d/b/a The Boss, 682 Kingstown Road, Wakefield, RI 02879. Application by Narisara Kong In, President; Renewal. License No. 75939.

 

(CA)    6D.      UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Kingston Convenience Mart, 2360 Kingstown Road, Kingston, RI 02881. Application by Ozcan Eteman, Owner; Renewal. License No. 68656.

 

(CA)    6E.       UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales and Additional Hours Licenses to Shaw’s Supermarkets, Inc. d/b/a Shaw’s #2438, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Lisa Mulligan, Authorized Agent for CSC Global; Renewal. License No. 73723.

 

(CA)    6F.       UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:

 

Core Fitness of Wakefield, LLC d/b/a Planet Fitness, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Lane Milliken, Director of Operations. License No. 72250.

 

RL Auto Group Inc. d/b/a Speedcraft Volkswagen, 104 Old Tower Hill Road, Wakefield, RI 02879. Application by Laurie Bechard, Controller. License No. 73741.

 

(CA)    12E.     UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $5,697.32, as shown on Tax Abatement Request No. 611.

 

(CA)    12F.     UNANIMOUSLY VOTED: to authorize an award of contract to South County Fence Co., Inc., P.O. Box 88, Narragansett, RI 02882 for the installation of a 6 foot chain link fence with double leaf gate at the Recreation Center in an amount not to exceed $5,482, with funding appropriated from the Recreation Center Operating Budget; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated January 6, 2023 and entitled “Contract Recommendation – Chain-link Fence Install.”

 

6.         LICENSES

 

A.        Theresa Murphy, Director of Leisure Services is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Special Events Permit to the SK 300^th Anniversary Steering Committee to hold the SK Incorporation Day Bonfire at Saugatucket Park on Saturday, February 25, 2023 from 6 p.m. to 9 p.m. subject administrative approvals. Application by Theresa L. Murphy; New. License No. 78353.

 

B.        The applicant is not present, and after discussion it is

 

UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Cakelicious LLC d/b/a Cakelicious Bakery & Café, 1227 Kingstown Road, Wakefield, RI 02879. Application by Lilibeth Rodriguez Vasquez, Member; New. License No. 78121.

 

12D.    New Business Item 12D is brought forward. Jean Bowen, volunteer for Moms Demand Action for Gun Sense RI is present and reviews gun violence statistics and shares her experience. Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to adopt a proclamation recognizing the week of February 1, 2023, to February 7, 2023, to be National Gun Violence Survivors Week in the Town of South Kingstown to honor and remember all victims and survivors of gun violence and uplift the resilient voices of survivors across the nation, as follows:

 

NATIONAL GUN VIOLENCE SURVIVORS’ WEEK

 

WHEREAS, every year, more than 40,000 Americans are killed with guns and approximately 76,000 more are shot and wounded;

 

WHEREAS, In Rhode Island, the rate of gun deaths increased 73% from 2011 to 2020 compared to a 33% increase nationwide;

 

WHEREAS, every year, on average, 46 Rhode Islander are killed in acts of gun violence and 165 more are shot and wounded;

 

WHEREAS, In Rhode Island, 67% of gun deaths are suicides and 30% are homicides. This is compared to 59% and 38% nationwide, respectively;

 

WHEREAS, by early February, more Americans are killed with guns than are killed in our peer countries in an entire calendar year;

 

WHEREAS, a gun violence survivor is anyone who has personally experienced gun violence — whether you have witnessed an act of gun violence, been threatened or wounded with a gun, or had someone you know and cared for wounded or killed;

 

WHEREAS, forms of gun violence can include, but are not limited to: gun suicides, gun homicides, domestic violence involving a gun, shootings by law enforcement, and unintentional shootings;

 

WHEREAS, 59 percent of American adults, including 71 percent of Black and 60 percent of Latinx Americans, or someone they care for has experienced gun violence in their lifetime, demonstrating the reach and impact gun violence has in communities across America;

 

WHEREAS, firearms are the leading cause of death for children and teens;

 

WHEREAS, people in America in cities across the nation are working to end the senseless violence by advocating for commonsense gun safety legislation;

 

WHEREAS, by commemorating National Gun Violence Survivors Week on February 1 to February 7, cities across America will raise awareness about gun violence and honor the lives stolen by gun violence; and

 

WHEREAS, we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the hands of those who are a danger to themselves or others and encourage responsible gun ownership to help keep our communities safe.

 

NOW, THEREFORE BE IT RESOLVED, that the Town of South Kingstown declares February 1 to February 7, 2023 to be National Gun Violence Survivors Week. We encourage all citizens to support their communities’ efforts to prevent the tragic effects of gun violence and to honor and value human lives.

 

7.         PUBLIC HEARING

 

A.        Notice having been duly given, a Public Hearing is held relative to adoption of the proposed FY 2023-2024 to FY 2028-2029 Capital Improvement Program.

 

James Manni, Town Manager gives a presentation, reviewing the purpose, amounts and priority items. The FY 2023-2024 Capital Budget is proposed in the amount of $4,465,213. The Long-Term Capital Projects for the six-year period through FY 2028-2029 total $175,198,104.  

 

Dorald Beasley is present and comments on the long-term element for the School Department, and costs for a new high school building versus renovation.

 

UNANIMOUSLY VOTED: to close the Public Hearing.

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to adopt the FY 2023-2024 to FY 2028-2029 Capital Improvement Program as presented, as follows:

 

FY 2023-2024 to FY 2028-2029 Capital Improvement Program

 

The Town Manager has prepared the six-year Capital Improvement Program for the period FY 2023-2024 through FY 2028-2029 which includes the following project expenditures:

 

 

 

 

 

 

8.         COMMUNICATIONS

 

A.        The Town Manager notes that Joseph DeSantis could not attend this evening, and provides a brief overview of Tri-County Community Action Agency and a Payment In Lieu Of Tax (PILOT) program that was established with them.

 

Mark Capuano, Tax Assessor reviews the PILOT agreement, and a tax abatement that was subsequently approved. Their building has been changed to tax exempt status.   

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: that an email dated December 13, 2022 from Joseph DeSantis, Tri-County Community Action Agency requesting to present an overview of Tri-County Programs, the impact of services on the town, and to briefly discuss Tri-County’s tax exemption status is received, placed on file, and the Town Council voted to allow the agency to maintain their status as tax exempt.

 

B.        Discussion ensues relative to a resolution adopted by the Exeter Town Council in opposition to legislative amendments proposed by the RI House of Representatives Land Use Commission, Housing Working Land Group to address housing shortage and development issues. It is noted that one size doesn’t fit all communities, there are various impacts that would result from State control, and discussion ensues regarding the importance of local control.

 

Council Vice President Marran expresses concern with taking action prior to introduction of this legislation, and it is

 

VOTED: that a resolution dated January 3, 2023 adopted by the Exeter Town Council in opposition to legislative amendments proposed by the RI House of Representatives Land Use Commission, Housing Working Land Group to address housing shortage and development issues is received, placed on file, and the Town Council voted to oppose the proposed legislative amendments.

 

Council Vice President Marran voted against.

 

C.        Tom Routliffe, Broad Hill Residential Compound Homeowners Association is present and discusses private roads that are plowed by the Town for free.

 

Discussion ensues regarding private road standards being different from public roads. The Town Manager reports that there are 827 roads in Town: 453 Town roads, 356 private roads, and 38 State and University owned roads. Three options are proposed: plow all Town roads which would require 5 full time employees and 3 additional vehicles; eliminate plowing of any private roads; or leave the policy as is.

 

Discussion ensues relative to providing ample notice to residents on private roads that currently get plowed if the Town were to eliminate plowing those roads, and inform them of the process by which private roads can be accepted for Town ownership.

 

Michael Ursillo, Town Solicitor notes that this is a Town policy decision.

 

Discussion ensues regarding Town liability for plowing private roads, the lack of public notice concerning this discussion, the possibility of charging a fee for those services, additional Town staff that would be needed, and potential damage to equipment. 

 

UNANIMOUSLY VOTED: that an email dated January 4, 2023 from Tom Routliffe, Broad Hill Residential Compound Homeowners Association relative to snowplowing private roads is received and placed on file. The Town Council voted to discontinue plowing and grading private roads after September 2023, and to give notice to those residents affected.

 

D.        UNANIMOUSLY VOTED: that an email dated January 12, 2023 from Joanne Esposito tendering her resignation from the Economic Development Committee effective immediately is accepted, and the Town Council directs that a letter of thanks be sent.

 

E.         At the request of Council President McEntee, William Green, Professor of Landscape Architecture at URI is in attendance and gives a presentation on mixed use development in South Kingstown’s commercial highway districts. Professor Green reviews student projects that were done in 2013 and 2019 relative to the Wakefield business districts at Dale Carlia Corner and Old Tower Hill Road. Existing conditions were studied and suggestions were made to improve safe connections for pedestrians, strengthen public transit, calm vehicular traffic, and implement green infrastructure.

 

Discussion ensues.

 

Jamie Rabbitt, Director of Planning discusses the analysis that must occur to develop a mixed use development overlay district, the lack of staff resources to handle such a project in house, and notes the timeframe to hire a consultant and develop the vision of the community would take 6 to 12 months.

 

Larry Fish, Chair, Economic Development Committee comments on retailer participation on the vision of the Wakefield business district, and considerations regarding zoning, density and parking.

 

Maria Mack, Chair, Planning Board comments that this is an opportunity to enable the type of mixed use development the Town wants.

 

The Director of Planning reviews past budget requests for consultants to study and prepare zoning amendments.

 

Council President McEntee comments that he would like to see this project prioritized over the next 5 to 6 months.

 

UNANIMOUSLY VOTED: to refer mixed use zoning in the Town’s commercial highway districts to the Town Manager, Planning Department and Economic Development Committee for further study.

 

9.         TOWN MANAGER’S REPORT

 

A.        Jamie Rabbitt, Director of Planning provides an overview of the American Rescue Plan Act (ARPA) funding of projects in the amount of $9 million. Mr. Rabbitt discusses investment categories and applications received. 

 

B.        The Director of Planning provides an update of the status of a consulting contract with Horsley Witten to conduct a housing study. Due to the pandemic, the study information is now stale. It is proposed to end the contract, thereby freeing up the balance of $26,161 that could be re-directed toward mixed use zoning.

 

C.        Luke Murray, Director of Administrative Services provides an update on the School Building Committee (SBC). A meeting between the Town Council, School Committee and SBC is suggested to discuss financial matters, potential swing space, wetland flagging at Curtis Corner and Broad Rock Middle Schools, and the project schedule. Discussion ensues relative to SBC membership and having the school principals alternate as the education visionary member.

 

10.       COMMENTS FROM INTERESTED CITIZENS

 

Council President McEntee invites residents to come forward with comments.

 

Dorald Beasley comments on the release of the Governor’s Budget, Pre-K facilities, affordable housing, and the CIP budget.

 

Bret Harrington is present and comments on snow plowing of private roads by the Town.

 

The Town Solicitor explains that private roads must meet subdivision standards in order to be accepted by the Town for ownership and maintenance.

 

Larry Fish, Chairman, Economic Development Committee comments on funding for a study of mixed use zoning.

 

11.       APPOINTMENTS

 

UNANIMOUSLY VOTED: to appoint Amy Crawford to the Affordable Housing Collaborative Committee for a term to expire August 2024.

 

12.       NEW BUSINESS

 

A.        UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed text amendments to the Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis to include the creation of Cannabis Overlay Districts within the Town’s existing Commercial Highway and Industrial I Districts and to consider a proposed amendment to the Town’s Zoning Map to create the three new cannabis overlay districts, as 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

 

[Text to be added = underline]

 

Sec. 300. Schedule of use regulations.

* * *

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

* * *

            10.0     Marijuana/Cannabis-Related Uses

 

* * *

Sec. 301. Schedule of Use Regulations Table.

* * *

 

* * *

 

 

* * *

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

 

 

 

 

 

B.        UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, that would add Article VIII. Waiver of Interest for Qualifying Quarterly Tax Payments, as follows:

 

PROPOSED AMENDMENTS TO THE TOWN CODE

 

CHAPTER 17 TAXATION

 

ADD:

 

Article VIII. Waiver of Interest for Qualifying Quarterly Tax Payments

 

Sec. 17-88.     Authorization. 

 

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

 

Sec. 17-89.     Qualification for waiver.

 

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

 

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

 

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

 

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

 

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

 

Sec. 17-90.     Cap on waiver.

 

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

 

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

 

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

 

C.        UNANIMOUSLY VOTED: to refer to the Planning Board proposed amendments to the Zoning Ordinance regarding election signs or political signs for review; as further described in a memorandum from the Town Solicitor to the Town Council dated January 17, 2023 and entitled “Revision to Zoning Ordinance Provision Regarding Political Signs.”

 

G.        UNANIMOUSLY VOTED: to authorize an award of bid to Municipal Leasing Consultants, 7 Old Town Lane, Grand Isle, VT 05458 for a tax-exempt master lease purchase program, in accordance with all bid specifications, for an annual interest rate of 4.12% for a five-year tax-exempt master lease, for the purchase of a new (replacement) ambulance in an amount not to exceed $350,969, including the purchase price of the ambulance at $340,969 and estimated closing costs of $10,000 as further described in a memorandum from the Finance Director to the Town Manager dated January 19, 2023 and entitled “Master Lease Financing – New Replacement Ambulance.”

H.        UNANIMOUSLY VOTED: to authorize an award of bid to Bulldog Fire Apparatus-Demers Ambulances, 867 State Road, Westport, MA 01784 for one (1) Type – I, 2023 Ford F450, 4X4 ambulance per bid specifications in an amount not to exceed $340,969 as further described in a memorandum from the Chief of Emergency Medical Services to the Town Manager dated January 17, 2023, and entitled: “Award of Bid – Type I Ambulance.”

I.          UNANIMOUSLY VOTED: to authorize an award of bid to United Site Services Northeast, Inc. 118 Flanders Road, Westborough, MA 01581 for portable restroom services for the 2023 and 2024 seasons based on bid pricing received in accordance with all bid specifications and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated January 18, 2023, and entitled “Bid Recommendation, Portable Restroom Services.”

 

UNANIMOUSLY VOTED:  to adjourn at 10:43 PM.

 

 

Nichole Romane

Deputy Town Clerk