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WORK SESSION
OCTOBER 10, 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 10th day of October 2023 at 6:00 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
1. WORK SESSION WITH PLANNING BOARD 
Presentation 1, Presentation 2
Planning Board members present: Maria Mack, Chair; Joseph Murphy, Vice Chair; Susan Axelrod, Secretary; Peter DiStefano; Paul Jordan; and Elizabeth Karp.
Also present: Jamie Rabbitt, Director of Planning and Amy Goins, Assistant Town Solicitor.
Maria Mack, Planning Board Chair gives an introduction and provides a brief presentation on the following topics for discussion this evening: Affordable Housing in South Kingstown, Old Tower Hill Road/Neighborhood Study, and the 2024 Planning Board Work Program.
Ms. Mack reviews the different types of affordable housing, including deed restricted, workforce housing, and generally affordable housing.
Jamie Rabbitt, Director of Planning explains that affordable deed restricted housing is typically 30 years ownership, and typically 30-99 years for rental. Based on the FY 2023 RI income limits for low- and moderate-income households, the Area Median Income (AMI) is $106,000 for a family of 4 in South Kingstown. It is estimated that family could purchase a deed restricted home valued at $308,000, or rent a deed restricted unit for $1,867 per month based on 80% AMI. Mr. Rabbitt reviews the number of homes listed for sale in Town that meet the AMI, pricing, and purchasing power for rentals.
Discussion ensues relative to affordable housing compared to income.
Ms. Mack notes that Federal government guidelines are for 30% of household income to be available for housing costs. Discussion ensues relative to affordable units in housing developments being already spoken for and not usually on a list of homes/units for sale, or are pre-sold. Monitoring agents are in place for rentals to ensure renters are eligible to be living in those units.
Further discussion ensues relative to the Town’s current affordable housing status of 5.57% versus the state’s goal of 10%, building costs for a non-profit are $211 per square foot plus the cost of land acquisition, potential grants for land acquisitions, and the cost of building smaller homes versus larger homes.
The Planning Board Chair explains that the Town cannot control the cost of land or construction, and notes the potential for providing a range of affordable housing by partnering with non-profits. It is noted that comprehensive permits are not subject to subdivision regulations and zoning.
Amy Goins, Assistant Town Solicitor notes that the State Housing Appeals Board currently considers comprehensive permit appeals, but after January 1, 2024 appeals will go to Superior Court.
Paul Jordan, Planning Board member comments that starter homes are seldom built, and zoning amendments would be needed to allow for 4 unit buildings and apartment complexes.
The Planning Director notes that changes in housing stock will conflict with existing homes, creating the possibility of pushback from neighbors. Mr. Rabbitt reviews recent projects and accomplishments.
Ms. Mack comments that the General Assembly should create a pathway to meeting the 10% goal that is less punitive.
The Town Manager notes that the Town’s affordable housing rate of 5.57% is fairly high on the state list.
The Planning Director notes that only 5 cities comply with the 10% requirement, and that the desirability of this community and URI rentals affect housing availability.
Discussion ensues relative to affordable housing grants, a build-out analysis, retaining local control of development, and diverting a larger portion of the real estate conveyance tax revenue to affordable housing.
The Director of Planning advises that Planning staff is working with 2 consultant firms to finalize the scope and fee, objectives, goals and desired results of the Old Tower Hill Road / Neighborhood Study.
Ms. Mack discusses the Planning Board Work Plan being developed for 2024, notes the priority projects that took precedence this year including medical marijuana regulations, Emergency Medical Services zoning amendments, and the South County Hospital Master Plan.
Discussion ensues relative to the Planning Board needs to work on their existing goals, such as a consultant, student intern, and educational effort with the community regarding proposed changes.
The Director of Planning notes that the Town Council has been very supportive.
Ms. Mack notes the in-house staffing capacity.
It is consensus for the Planning Board to meet again with the Town Council in February.
The Town Council takes a brief recess.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
OCTOBER 10, 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 10th day of October 2023 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
2. REGULAR SESSION
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 four members are present. Councilwoman Rose is absent.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: VOTED: that the minutes of the Work Session held on September 25, 2023 are accepted, approved and placed on file.
Council Vice President Marran abstained due to his absence from that meeting.
B. Regular Session: VOTED: that the minutes of the Regular Session held on September 25, 2023 are accepted, approved and placed on file.
Council Vice President Marran abstained due to his absence from that meeting.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of Item 5H concerning the Elite Indoor Gun Range.
L & R Northup, Inc. d/b/a L & R Northup, 1892 Kingstown Road, Wakefield, RI 02879. Application by Rachel Northup, President. License No. 73184.
Ocean Catch Seafood, LLC d/b/a Ocean Catch Seafood, 566 Kingstown Road, Wakefield, RI 02879. Application by Jane Karako, Member. License No. 65417.
(CA) C. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2023 to the following; Renewals:
Ocean State Job Lot of RI 2019-3, LLC d/b/a Ocean State Job Lot #127, 688 Kingstown Road, Wakefield, RI 02879. Application by Jennifer Fredette, Licensing Manager. License No. 62624.
Rhode Island CVS Pharmacy, LLC d/b/a CVS Pharmacy #2065, 11 Main Street, Wakefield, RI 02879. Application by Erin Chilinski, Licensing Coordinator. License No. 81229.
Ski General, Inc. d/b/a Uncle Sam’s Army Navy Surplus, 548 Kingstown Road, Wakefield, RI 02879. Application by Rosalie Guttin, President. License No. 59393.
(CA) E. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses for the year beginning December 1, 2023 to The Farmers Daughter LLC d/b/a The Farmers Daughter, 716 Mooresfield Road, Wakefield, RI 02879. Application by Sarah Partyka, Member; Renewal. License No. 59742.
(CA) F. UNANIMOUSLY VOTED: to grant a Tourist Accommodations – Trailer Park License for the year beginning December 1, 2023 to Worden Pond Family Campground, Inc. d/b/a Worden Pond Family Campground, 416 A Wordens Pond Road, Wakefield, RI 02879. Application by Mark P. Tucker, President; Renewal. License No. 77255.
(CA) G. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to the renewal of Liquor Licenses for the year beginning December 1, 2023.
(CA) I. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $4,615.70, as shown on Tax Abatement Request No. 628.
(CA) J. UNANIMOUSLY VOTED: to authorize an award to Ricoh USA Incorporated, PO Box 41564, Philadelphia, PA 19101-1564 for a multifunction copier in an amount not to exceed $5,364; as further described in a memorandum from the Director of Senior Services to the Town Manager dated October 3, 2023 and entitled “Multi-Functional Copy Machine – Recommendation.”
(CA) H. Councilwoman Bergner notes the Public Hearing on the Indoor Shooting Range License will be held on November 14, 2023, and it is
UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for renewal of an Indoor Shooting Range License in accordance with the South Kingstown Town Code, Chapter 9 Licenses and Miscellaneous Business Regulation, Article VI Indoor Shooting Ranges, Sec. 9-158 Term of License, Renewal, Transfer. Application by IDGR15, LLC d/b/a Elite Indoor Gun Range, by Mark A. Fay, Member for property located at 371 Rose Hill Road, Wakefield, RI 02879 and designated as Assessor’s Plat 33, Lot 30, consisting of 121.57 acres.
Communication Item 9A is brought forward.
9A. Lauren Fogarty, Program Coordinator for the RI Semiquincentennial 250th Commission is present, provides a brief history of the role Rhode Island played in founding the country, and promotes the creation of local committees at the municipal level to commemorate the nation’s anniversary.
Representative Kathy Fogarty is present and comments on the 1976 bicentennial celebration and the Secretary of State’s efforts to hold the 250th commemoration in a similar fashion. Efforts have been made to encourage these celebrations across the country.
Representative Teresa Tanzi is present and comments on the 250th Semiquincentennial, Rhode Island’s role in founding the nation, and her participation in South Kingstown’s 300th anniversary celebrations.
UNANIMOUSLY VOTED: that an email dated July 25, 2023 from Lauren Fogarty, Program Coordinator for the RI Semiquincentennial 250th Commission requesting to give a presentation regarding the creation of local committees to commemorate the nation’s anniversary is received, placed on file, and referred to the Town Manager’s Office.
6. PUBLIC COMMENTS
Council President McEntee invites residents to come forward with comments.
Mary Leyden is present and comments on the Town’s discontinuance of maintenance on private roads.
Amy Crawford is present and comments on the Town’s discontinuance of maintenance on private roads and thanks the Town Council for their discussions of affordable housing issues.
Norma Roelke is present and comments on public input made at the previous Town Council meeting and the Town’s discontinuance of maintenance on private roads.
Murray Gates, Historic District Commission (HDC) Chairperson is present and comments on the preservation of the historic Rodman Family Cemetery and other historic cemeteries located within the Town.
The Town Manager reviews staff efforts to identify historic cemeteries within the Town.
Jack Cadman is present and reports that a bush at the intersection of Main Street and High Street obstructs the vision of low vehicles and is a safety concern.
Councilwoman Bergner comments on the numerous discussions the Town Council has had with the public relative to the discontinuation of maintenance on private roads and reviews the Council’s decision last January to make it effective for the following winter season.
7. NEW BUSINESS
A. Richard Bourbonnais, Director of Public Services is present and advises that the Town has received $561,184 in grant funding from RI Department of Transportation (RIDOT) for the Municipal Road and Bridge Program.
The Town Manager notes that each community has been allotted an amount of funding based on their existing road infrastructure and the Town was awarded the full allotted amount.
Discussion ensues relative to the process to determine which roads get repaved, and it is
UNANIMOUSLY VOTED: to authorize the Town Manager to execute a Local Public Agency Agreement with the State of Rhode Island for the Municipal Road and Bridge Program, in accordance with terms of the agreement as approved by the Town Solicitor; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated October 2, 2023 and entitled “Municipal Road and Bridge Program, Local Public Agency Agreement.”
B. The Director of Public Services reviews the bids solicited for a pavement reclamation and overlay contractor, and the proposal to move the overlay of Columbia Street to a later date. It is noted that Staff plans to apply the $561,184 grant from RIDOT to assist with funding this fiscal year’s pavement improvements.
UNANIMOUSLY VOTED: to authorize an award of bid to D’Ambra Construction Co., Inc., 80 Centre of New England Boulevard, Coventry, RI 02816 for the Town’s Pavement Reclamation and Overlay Program in an amount not to exceed $2,323,895, with $1,762,711 to be provided from CIP funding and $561,184 provided from a RIDOT grant; as further detailed in a memorandum from the Public Services Director to the Town Manager dated October 2, 2023 and entitled “Bid Recommendation – 2023 Pavement Reclamation & Overlay Program.”
C. Matthew Moynihan, Chief of Police is present and reviews his request for a refurbished FARO accident/crime scene mapping hardware package due to compatibility issues with computer software that was purchased in 2021 to produce scale diagrams of accident and crime scenes.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to authorize the purchase from FARO Technologies, Inc., 125 Technology Park, Lake Mary, FL 32746-6204 of a refurbished FARO accident / crime scene mapping hardware package in an amount not to exceed $34,471, and authorizing the renewal of annual software licensing at a cost not to exceed 10% over the prior year; and as further described in a memorandum from the Chief of Police to the Town Manager dated October 3, 2023 and entitled “Award Recommendation – FARO Accident/Crime Scene Reconstruction Mapping Hardware.”
D. The Assistant Town Solicitor reviews the proposed amendment to language in the Town Council’s Rules of Conduct, Rule 18 Placement of Correspondence on Agenda. The proposed changes clarify that the Town reserves the right to make correspondence public by posting it to the Agenda, but correspondence not placed on the Agenda cannot be made available for public review under the Access to Public Records Act (APRA) because it is categorically exempt from public disclosure under the APRA.
UNANIMOUSLY VOTED: to amend the Town Council’s Rules of Conduct, Rule 18. Placement of Correspondence on Agenda, as follows:
Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested. Correspondence relating to personnel issues or personal matters shall not be placed on the agenda. The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear. Correspondence not placed on the agenda may be available for public review pursuant to the Access to Public Records Act. The Town reserves the right to make correspondence public by posting it on the Town Council agenda or otherwise.
UNANIMOUSLY VOTED: to add the Town Council’s Rules of Conduct, Rule 7. Conduct of Meetings to the Agenda for discussion purposes.
Discussion ensues relative to circumstances where the Council President would surrender the gavel to the Council Vice President.
The Assistant Town Solicitor will research this section of the Rules.
UNANIMOUSLY VOTED: to add the Town Council’s Rules of Conduct, Rule 12. Agenda to the Agenda for discussion purposes.
Discussion ensues relative to the deadline for Council members to request an item to be placed on the Agenda and the need to revise the deadline from 4:30 PM to 12:00 PM.
8. TOWN MANAGER’S REPORT
C. The Town Manager notes that an update on the American Rescue Plan Act (ARPA) Program will be postponed to the October 23rd Town Council meeting.
A. Jamie Rhodes, Good Energy LLC is present and gives a brief presentation on the Community Energy Aggregation Program winter electricity rates. Mr. Rhodes advises that payment plans are available for all residents regardless of the electricity supplier. Customers on the low-income electricity rate are eligible to participate in an arrearage management plan allowing the customer to build up money owed to Rhode Island Energy and enter into a payment plan. Once the customer has caught up on the payments, they would then be eligible to join the Aggregation Program.
Mr. Rhodes reviews the Program’s performance between May and July 2023, residential prices, a chart of the seasonal price fluctuations, and the process for obtaining and negotiating rates. Community Q&A sessions are being held for residents to help them better understand the Program.
Discussion ensues relative to late payments and payment plans.
B. The Town Manager reviews Councilwoman Bergner’s request for staff to provide a status update on grants.
Lucas Murray, Deputy Town Manager is present and provides an update on the Town’s efforts to obtain grants. The Town’s grant writer is creating a workflow by working with Department Heads to determine the status of and identify potential projects to find grants for. The Town has the following grants in process: Municipal Resiliency Program, LearnRI365 Grant, the Community Learning Center Grant, and RI Department of Environmental Management grants.
The Town Manager notes that the Town is in the process of trying to obtain appropriation grants from the congressional delegation.
9. COMMUNICATIONS
B. Councilwoman Bergner reviews her request to discuss the future use of the South Road School property, and the potential for re-zoning this property for affordable starter homes.
The Town Manager notes that a prior meeting was held with State staff members and Governor McKee regarding workforce housing development, and state assistance opportunities to cover development costs.
Discussion ensues relative to the South Road School property.
The Deputy Town Manager explains that the property lines will need to be addressed as they relate to the existing athletic fields, an estimate of development and/or demolition costs of the building, the requirement to conduct a limited hazardous building material assessment, and the need for a feasibility study if the Town Council opts to use the property for affordable housing.
UNANIMOUSLY VOTED: that an email dated October 2, 2023 from Councilwoman Deborah D. Bergner proposing discussion of the future use of South Road School property and Planning Board review of associated zoning initiatives is received, placed on file, and the Town Council directs that the Town Manager move forward with a feasibility study for the development of the South Road School site to provide affordable workforce housing, and provide regular updates.
10. APPOINTMENTS – none
UNANIMOUSLY VOTED: to adjourn at 9:36 PM.
Susan M. Flynn, CMC
Town Clerk