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 23rd 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 Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on October 10 and October 11, 2023 are accepted, approved and placed on file
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on October 10, 2023 are accepted, approved and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same, with the exception of 5F concerning Farm Produce Licenses for Evergreen Acres and Stoney Acres Farm.
(CA) A. UNANIMOUSLY VOTED: to grant a Victualling License for the year beginning December 1, 2023 to China Garden Li d/b/a China Garden, 564 Kingstown Road, Wakefield, RI 02879. Application by Chaoying LI, Owner; Renewal. License No. 59169.
(CA) B. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2023 to the following; Renewals:
JSC Management Group, LLC d/b/a Burger King, 126 Old Tower Hill Road, Wakefield, RI 02879. Application by Kristina Campbell, Administrative Assistant. License No. 66950.
Kingstown Road Coffee d/b/a Bess Eaton, 621 Kingstown Road, Wakefield, RI 02879. Application by Mary Haverly, Managing Partner. License No. 77276.
Seaview Marketplace, Inc. d/b/a Seaview Market, 682 Matunuck Beach Road, Wakefield, RI 02879. Application by Ryan Saber, President. License No. 59713.
South County Donuts, Inc. d/b/a Dunkin Donuts, 1892 Kingstown Road, Wakefield, RI 02879. Application by Rob Batista, President. License No. 59134.
South County Donuts, Inc. d/b/a Dunkin Donuts, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by Rob Batista, President. License No. 64574.
Yankee Foods II, LLC d/b/a Go Pasta, 32 Old Tower Hill Road, Wakefield, RI 02879. Application by Jeff Cammans, Member. License No. 75348.
(CA) C. UNANIMOUSLY VOTED: to grant a Victualling License and Additional Hours from 2 AM to 5 AM for the year beginning December 1, 2023 to Kasbac, LLC d/b/a McDonald’s Restaurant, 140 Old Tower Hill Road, Wakefield, RI 02879. Application by Paul Farren, Owner; Renewal. License No. 60845.
(CA) D. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses and Additional Hours from 2 AM to 6 AM for the year beginning December 1, 2023 to Shaw’s Supermarkets, Inc. d/b/a Shaw’s #2438, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by CSC Global, Authorized Agent; Renewal. License No. 73723.
(CA) E. UNANIMOUSLY VOTED: to grant a Holiday Sales License for the year beginning December 1, 2023 to CoxCom, LLC d/b/a Cox, 35 South County Commons Way, Wakefield, RI 02879. Application by Paezle Turner, License Manager; Renewal. License No. 60315.
(CA) G. UNANIMOUSLY VOTED: to grant a Tourist Accommodations – Trailer Park License for the year beginning December 1, 2023 to Carpenter’s Beach Meadow, Inc. d/b/a Carpenter’s Beach Meadow, 854 Matunuck Beach Road, Wakefield, RI 02879. Application by Lisa Karin, Office Manager; Renewal. License No. 68275.
(CA) H. UNANIMOUSLY VOTED: to grant a Tourist Accommodations – Trailer Park License and a Holiday Sales License for the year beginning December 1, 2023 to Matunuck Beach Properties, Inc. d/b/a Roy Carpenters Beach, 240 Cards Pond Road, Wakefield, RI 02879. Application by Christa Sisson, Vice-President; Renewals. License No. 59268.
(CA) I. UNANIMOUSLY VOTED: to grant a Tourist Accommodations License for the year beginning December 1, 2023 to Sugar Loaf Hill Bed and Breakfast, 607 Main Street, Wakefield, RI 02879. Application by Stephanie Osborn, Owner; Renewal. License No. 59733.
(CA) J. UNANIMOUSLY VOTED: that Civil Action No. 1:23-cv-00359 filed in US District Court by Todd D. White, Esquire on behalf of his clients, Claire Hall and James Hall relative to an incident that occurred on or about February 9, 2023 be referred to the Town Solicitor and the Town’s insurance carrier.
(CA) F. Discussion ensues relative to the purpose of Farm Produce Licenses, and it is
UNANIMOUSLY VOTED: to grant Farm Produce Licenses for the year beginning December 1, 2023 to the following; Renewals:
Evergreen Acres, Liberty Lane, West Kingston, RI 02892. Application by Edith Roberts, Owner. License No. 81571.
Stoney Acres Farm, 140 Stoney Acres Way, Wakefield, RI 02879. Application by Linda Stedman, Owner. License No. 59131.
UNANIMOUSLY VOTED: to add to the Agenda an interview of Darryl Geissler relative to her interest in being appointed to the Affordable Housing Collaborative Committee. The Town Council interviews Ms. Geissler.
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 License to conduct the Harvest Moon Bonfire at the Town Beach on Saturday, October 28, 2023 from 3 PM to 8 PM to the SK 300th Anniversary Steering Committee. Application by Theresa Murphy, Director of Leisure Services; New. License No. 81604.
B. Maggie Cady, General Manager is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Temporary Mass Gathering Permit to Contemporary Theater Company to hold the Wakefield Oktoberfest on Saturday, October 28, 2023 (rain date Sunday, October 29, 2023) from 12:00 PM to 11:00 PM on Main Street between Robinson Street and Kenyon Avenue, subject to RI Department of Transportation approval for the closure of Main Street and stipulations set by the Police Department and Building Official. Application by Christopher Simpson, President, 321 Main Street, Wakefield, RI 02879; Renewal. License TMG-23-10.
C. George McAuliffe is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the Mews Tavern Gear N Beer 5K road race on Sunday, November 19, 2023 from 12 PM to 3 PM to Yankee Foods, LLC d/b/a Mews Tavern, 456 Main Street, Wakefield, RI 02879 subject to the execution of a hold harmless agreement indemnifying the Town, issuance of a Certificate of Insurance naming the Town as an additional insured for the event in the amounts specified by the Finance Director, approval by the RI Department of Transportation. Proceeds to benefit South County Health. Application by George McAuliffe, Member, 23 Noel Court, Wakefield, RI 02879; New.
D. Donna Gustafson, Treasurer is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to Hera Gallery and Educational Foundation, 10 High Street, Wakefield, RI 02879 for the Pumpkins and Pollinators event on Saturday, October 28, 2023 from 2 PM to 6 PM. Application by Sonja Czekalski, New. License No. 81540.
7. PUBLIC HEARINGS
A. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town’s Zoning Ordinance, Article 1. Establishment of Districts and Official Zoning Map, Section 101. Zoning Districts, and Article 3. Use Regulations, Section 301. Schedule of Use Regulations Table to align the Town’s Medical Marijuana regulations with the Town’s Recreational Cannabis regulations; and to the Town’s Zoning Map to modify areas where medical Marijuana can be cultivated, tested, and manufactured in order to align these areas with the Town’s Cannabis uses, as follows, and as further described in a memorandum from the Planning Director to the Town Manager dated October 17, 2023 and entitled “Medical Marijuana Revisions – Planning Board recommendation to Town Council Text and Map Amendments – Zoning Ordinance.”
Jamie Rabbitt, Director of Planning is present and reviews the proposed amendments intended to align the Town’s medical marijuana regulations with the Town’s adult recreational cannabis regulations, and presents the proposed overlay zones on the Town’s Zoning Map. Medical marijuana location regulations for manufacturing, cultivating, testing, and retail sales are proposed to match the locations for recreational cannabis. Three existing Industrial Zones located in West Kingston, Peace Dale and Wakefield would allow testing and manufacturing of both recreational cannabis and medical marijuana. The Old Tower Hill Road Commercial Highway area would allow retail sales of recreational cannabis and medical marijuana.
A letter dated October 17, 2023 from the Planning Board providing their recommendation for approval of the proposed amendments and their Findings of Fact is referenced and placed on file.
There are no public comments, and it is
UNANIMOUSLY VOTED: to close the Public Hearing
UNANIMOUSLY VOTED: to adopt as presented amendments to the Town’s Zoning Ordinance, Article 1. Establishment of Districts and Official Zoning Map, Section 101. Zoning Districts, and Article 3. Use Regulations, Section 301. Schedule of Use Regulations Table to align the Town’s Medical Marijuana regulations with the Town’s Recreational Cannabis regulations; and to the Town’s Zoning Map to modify areas where medical Marijuana can be cultivated, tested, and manufactured in order to align these areas with the Town’s Cannabis uses, incorporating the Planning Board’s Findings of Fact and Findings of Consistency with the Comprehensive Plan and the Zoning Ordinance, as hereinafter described.
APPENDIX A 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 twenty-one (21)[1] zoning districts as set forth below. The specific purpose of each zoning district shall be as follows:
* * *
B. Commercial.
* * *
COD-R/MOD-R – Cannabis and Marijuana Overlay District Retail. This zoning overlay district identifies areas where the retail sale of cannabis and/or cannabis related items and marijuana and marijuana related items may occur per Section 504.15.
C. Industrial.
* * *
COD/MOD-CMT Cannabis Overlay District and Marijuana Overlay District – Cultivation / Manufacturing / Testing. This zoning overlay district identifies areas where the cultivation and/or manufacturing of cannabis/marijuana products and/or cannabis/marijuana related items and/or laboratory testing of cannabis products may occur per Section 504.15.
COD/MOD-MT Cannabis Overlay District and Marijuana Overlay District – Manufacturing/Testing. This zoning overlay district identifies areas where the manufacturing of cannabis/marijuana products and/or cannabis/marijuana related items and/or laboratory testing of cannabis products may occur per Section 504.15.
* * *
Article 3. Use Regulations
* * *
Sec. 301. Schedule of Use Regulations Table.
| 10.0 MARIJUANA/CANNABIS-RELATED USES | |
| USE CODE | USE | R200 | R80 | R40 | R30 | R20 | R10 | RM | MU | CN | CD | CH | CW | COD-R MOD-R | NOTES |
| 100 | Cannabis and/or marijuana retail facility | N | N | N | N | N | N | N | N | N | N | N | N | S | See section 504.15 |
| 101 | Cannabis and/or marijuana cultivation facility | N | N | N | N | N | N | N | N | N | N | N | N | N | See section 504.15 |
| 102
| Marijuana emporium
| N
| N
| N
| N
| N
| N
| N
| N
| N
| N
| N
| N
| N
| See section 504.15
|
| 103
102 | Cannabis retailer / hybrid cannabis retailer | N | N | N | N | N | N | N | N | N | N | N | N | S
N | See section 504.15 |
| 104
103 | Cannabis and/or marijuana cultivator | N | N | N | N | N | N | N | N | N | N | N | N | N | See section 504.15 |
| 105
104 | Cannabis and/or marijuana product manufacturer | N | N | N | N | N | N | N | N | N | N | N | N | N | See section 504.15 |
| 106
105 | Cannabis and/or marijuana testing laboratory | N | N | N | N | N | N | N | N | N | N | N | N | N | See section 504.15 |
10.0 MARIJUANA/CANNABIS-RELATED USES | | | |
| USE CODE | USE | IND-1 | IND-2 | IND-3 | GI | OS | COD-CMT MOD-CMT | COD-MT MOD-MT | NOTES |
| 100 | Marijuana retail facility | S
N | N | N | N | N | N | N | Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
|
| 101 | Marijuana cultivation facility | S
N | N | N | N | N | S | S | Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
|
| 102
| Marijuana emporium
| N
| N
| N
| N
| N
| N
| N
| |
| 103
102 | Cannabis retailer/hybrid cannabis retailer | N | N | N | N | N | N | N | |
| 104
103 | Cannabis and/or marijuana cultivator | N | N | N | N | N | S | N | See section 504.15 |
| 105
104 | Cannabis and/or marijuana product manufacturer | N | N | N | N | N | S | S | See section 504.15 |
| 106
105 | Cannabis and/or marijuana testing laboratory | N | N | N | N | N | S | S | See section 504.15 |
* * *
AMENDMENTS TO THE ZONING MAP
* * *
The Planning Board’s recommendation to approve the Zoning Map and Zoning text amendments is based on the following Findings of Fact and Findings of Consistency with the Comprehensive Plan and Zoning Ordinance.
Findings of Fact:
- The proposed amendments to the Town’s Zoning Ordinance and proposed amendments to the Town’s Zoning Map were developed to identify the areas in town where medical marijuana and recreation cannabis related business activities could occur along with provisions to minimize any potential impacts to the community.
Findings of Consistency with the Comprehensive Community Plan:
The Planning Board finds the proposed amendments to be consistent with the South Kingstown Comprehensive Community Plan as follows:
- Overall Goal of the Land Use Element, “To promote orderly growth patterns based upon the natural, cultural and historic character of the Town, the land’s suitability for use and the aspirations of its citizens.”
- Overall Goal of the Economic Development Action Plan, “The local economy will provide opportunities for a diverse collection of business and industry.”
- Overall Goal of the Economic Development Action Plan, “The business community will be provided with a clear regulatory framework for maintaining, building, occupying and expanding operations in town.”
- Overall Goal of the Economic Development Action Plan, “Commercial development will be held to a high standard of quality design.”
- Overall Goal of the Land Use Action Plan: Land use policies will be consistent with “Land Use 2025: Rhode Island’s Land Use Policies and Plan”, and to maintain continuity with the 2021 South Kingstown Comprehensive Plan and previous Plan updates.
B. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town’s Zoning Ordinance, Article 1. Establishment of Districts and Official Zoning Map, Section 101. Zoning Districts, Article 3. Use Regulations, Section 301. Schedule of Use Regulations Table, and Article 4. Dimensional Regulations, Section 401. Schedule of dimensional regulations; and to the Town’s Zoning Map to create a new Government Institutional – 1 (GI-1) Zoning District associated with the development of a new Emergency Medical Service facility and land conservation activities, as follows; and as further described in a memorandum from the Planning Director to the Town Manager dated September 18, 2023 and entitled “EMS Ministerial Road Site – Planning Board recommendation to Town Council Text and Map Amendments – Zoning Ordinance.”
The Planning Director reviews the proposed amendments which would allow the Town to move forward with the proposed new EMS building to be located on Ministerial Road. The Town Council has entered into a Purchase and Sales Agreement with the South Kingstown Land Trust to use approximately one half to one third of an acre.
Discussion ensues relative to the location of the property on Ministerial Road.
A letter dated October 17, 2023 from the Planning Board providing their recommendation for approval of these amendments and their Findings of Fact is referenced and placed on file.
There are no public comments, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt as presented amendments to the Town’s Zoning Ordinance, Article 1. Establishment of Districts and Official Zoning Map, Section 101. Zoning Districts, Article 3. Use Regulations, Section 301. Schedule of Use Regulations Table, and Article 4. Dimensional Regulations, Section 401. Schedule of dimensional regulations; and to the Town’s Zoning Map to create a new Government Institutional – 1 (GI-1) Zoning District associated with the development of a new Emergency Medical Service facility and land conservation activities, incorporating the Planning Board’s Findings of Fact and Findings of Consistency with the Comprehensive Plan and the Zoning Ordinance, as hereinafter described.
AMENDMENTS TO THE TOWN CODE
APPENDIX A 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 twenty-one (21) twenty-two (22)[2] zoning districts as set forth below. The specific purpose of each zoning district shall be as follows:
* * *
D. Government and Institutional.
* * *
GI-I Government and Institutional-I This district includes land holdings of the town and/or land holdings of a Land Trust. The purpose of this district is to recognize the extent of public holdings and preservation entities (i.e., Land Trusts) and to provide guidance to utilization of these lands. Any significant use of land in the areas shown within this district for proprietary purposes or uses by nongovernmental entities, other than the Town or a Land Trust as established under Rhode Island Law, shall require rezoning to an appropriate zoning district.
*****
ARTICLE 3. USE REGULATIONS
*****
Section 301. Schedule of Use Regulations Table.
*****
| USE CODE | USE | IND-1 | IND-2 | IND-3 | GI | GI-1 | OS | COD-CMT | COD-MT | NOTES |
| 25.2 | Public Safety Facility | S | S | S | Y | Y* | N | N | N | |
| *Agricultural uses and Agricultural Buildings and Land Trust Educational Buildings are also permitted uses in GI-I |
*****
ARTICLE 4. DIMENSIONAL REGULATIONS
*****
Section 401. Schedule of dimensional regulations.
*****
GI-I (Governmental Institutional – I)
| USE | Min. Lot Size and Max. Density | Max.% | Max Height | Minimum Yard (Setbacks) | Accessory. Building - Min. Distances (Ft.) | Notes |
| Area Sq. Ft. | Frontage & Width (feet) | Lot Building Coverage | Principal Building | Accsy. Bldg. | Front | Corner | Side | Rear | Side Lot Lines | Rear Lot Lines | |
| Municipal Building less than 5,000 sq. ft. footprint, Agricultural Building less than 800 sq. ft. footprint | 15,000 | 100 | 25% | 40’ | 30’ | 20’ | 20’ | 20’ | 10’ | 10’ | 10’ | |
PROPOSED AMENDMENTS TO THE ZONING MAP
The Planning Board’s recommendation to approve the Zoning Map and Zoning text amendments is based on the following Findings of Fact and Findings of Consistency with the Comprehensive Plan and Zoning Ordinance.
Findings of Fact:
1. The proposed amendments to the Town's Zoning Map and Zoning Ordinance were developed to identify an area in town where a new Emergency Medical Service facility could be constructed along with provisions to minimize any potential impacts to the community.
Findings of Consistency with the Comprehensive Community Plan:
The Planning Board finds the proposed amendments to be consistent with the South Kingstown Comprehensive Community Plan as follows:
1. Overall Goal of the Land Use Element, "To promote orderly growth patterns based upon the natural, cultural and historic character of the Town, the land's suitability for use and the aspirations of its citizens."
2. Overall Goal of the Land Use Action Plan: Land use policies will be consistent with "Land Use 2025: Rhode Island's Land Use Policies and Plan", and to maintain continuity with the 2021 South Kingstown Comprehensive Plan and previous Plan updates.
3. Overall Goal for Services and Facilities by providing adequate facilities and equipment to ensure the safety and best welfare of the Town's residents by maintaining an appropriate level of service.
8. PUBLIC COMMENTS
Council President McEntee invites residents to come forward with comments.
Norma Roelke is present and comments on the Town’s discontinuance of maintenance on private roads.
Bob Trager is present and comments on international tragedy.
Dorald Beasley is present and comments in support of funding the School Department on a per pupil basis and references an email he sent to the Town Council concerning debt service for the new high school.
Joe Martin is present and comments on the results of the 2023 budget referendum that defeated a petition to reduce the School Budget by $1.5 million.
Councilwoman Bergner requests that her communication relative to the future use of the Wakefield School property and the Watson House be added to the Agenda for discussion and placed on the next Council meeting Agenda.
Discussion ensues relative to the process for Council members to add items to the Agenda in accordance with the Town Council’s Rules of Conduct and adding an amendment to the Rules of Conduct that any member of the Town Council may request a New Business or Communication item to be placed on the Agenda.
9. NEW BUSINESS
A. Michael Ursillo, Town Solicitor is present and reviews the purpose of proposed amendments to clean up areas of the Town Code to ensure consistency with the South Kingstown Municipal Court’s jurisdiction.
UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, as follows.
PROPOSED AMENDMENTS TO THE TOWN CODE
Chapter 1
General Provisions
* * * * *
Sec. 1-9. General penalty; continuing violations; advance payment of fine.
a) Except as otherwise expressly provided, whenever in this Code or in any other ordinance or resolution of the town or in any rule, regulation or order promulgated by any officer or agency of the town under authority duly vested in him or if any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance or resolution of the town or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding thirty (30) days.
b) Except where otherwise provided, every day any violation of this Code or any other ordinance or resolution of the town or such rule, regulation or order shall continue shall constitute a separate offense.
c) Fines for violations may be paid by check or money order, in lieu of appearance at the South Kingstown Municipal Court, made payable to the Town of South Kingstown, Rhode Island with no post-dating of the check, and delivered in person or sent by mail to the Town of South Kingstown Clerk’s Office with a written indication of the purpose for the payment. Partial payments will not be accepted and shall be considered as non-payments. Where the ordinance provides for a range of fines, then any prepayment of the fine must be paid at the highest fine in the range. If prepayment is not made of any fine enumerated in the Town Code, then the violator shall be prosecuted in the South Kingstown Municipal Court pursuant to the rules and regulations thereof.
* * * * *
Chapter 3
Animals and Fowl
* * * * *
Article II. Dogs and Cats
* * * * *
Sec. 3-22. Care and control of dogs.
(a) Every owner or person who has accepted responsibility for the temporary care and custody of a dog has a duty to exercise proper care and control over the dog. The following shall be considered a violation of this section:
* * * * *
(6) Violations of the above-referenced provisions shall be subject to fines as set forth in section 3-29(b) as well as prosecution in the Washington County — 4th District Municipal Court as set forth in subsection (4) above. The violation shall attach to the person, not the dog, therefore the determination whether a violation is a first or subsequent offense shall be based upon the number of prior violations by the person. If more than one (1) dog is involved in each incident, multiple violations may be charged.
(b) A person who repeatedly violates the provisions of subsection (a) is a public nuisance. For purposes of this section, a person with more than three (3) violations in any twelve-month period, or a person with more than six (6) violations in a thirty-six-month period shall be considered a repeated violator. Each dog involved constitutes a separate violation for purposes of subsection (a); however, for purposes of this section, a single incident involving more than one (1) dog shall be considered only one (1) violation. If a person is cited as a repeated violator, that person may be summoned before the Rhode Island District Municipal Court. The court may:
(1) Order that any one (1) or more of the dogs involved be temporarily impounded or permanently removed from the person's care and custody and disposed of in a humane manner. Impoundment fees may be charged to the dog owner or person responsible for the dog's care and custody regardless of whether the dog is returned to that person.
(2) Impose a fine of up to two five hundred fifty dollars ($250500.00).
* * * * *
Sec. 3-29. Penalties.
(a) Any person who is the keeper or owner of any dog found to be an unlicensed dog, shall, upon conviction in addition to any requirements in Title 4, Chapter 13.1 of the Rhode Island General Laws, shall be provided a warning and instructions to license the dog within fourteen (14) calendar days from the date the warning is issued. If the keeper or owner of any dog fails to obtain a license after the fourteen (14) day warning period, that shall be, be fined as follows:
(1) First offense $2550.00
(2) Second and all subsequent offense, summoned to Municipal Court $200.00
(3) Third offense and all subsequent offenses within a year $500.00
and be subject to the provisions of G.L. Tit. 4, Ch. 13.1.
(3) The penalty for second or subsequent offenses within a year is a fine not more than five hundred dollars ($500.00)
(b) Any person convicted of violating any other provision of this article shall be fined as follows:
(1) First offense $1025.00
(2) Second offense $1550.00
(3) Third offense and all subsequent offenses within a year $2575.00
(4) Fourth and all subsequent offenses within a year summoned to Municipal Court and upon conviction, shall be fined not more than five hundred dollars ($500.00) for every such offense.
Chapter 4
Boats and Waterways Ordinance
Article I. In General
* * * * *
Sec. 4-19. Penalties.
* * * * *
(c) Any individual violating any provision of this chapter may be cause for the harbormaster's refusal to allow such individual with his/her vessel in the waters under the jurisdiction of the harbormaster for such period of time as may be determined by the harbormaster or the town council together with the necessary court action in cases of violation of state or federal law. The enumerated violations listed in this chapter and any penalty prescribed thereunder shall be in addition to, and shall not supplant, any violation setting forth stricter standards or greater or additional penalties found in federal or state law or regulation. Where a local ordinance or state or federal law or regulation covers the same conduct, at the discretion of the Harbormaster, the Harbormaster may charge the violation that provides the greater or additional penalty or has stricter standards.
* * * * *
Sec. 4-21. Payment without personal appearance.
The harbormaster, and assistant harbormaster and any other duly authorized law enforcement officer who charges any person with an offense as set out in this chapter shall issue a summons for said offense, providing the offending person with a form which, when property executed by the office and offender, will allow the offender to dispose of the charge without the necessity of personally appearing before the district South Kingstown Municipal cCourt of the state. This section shall apply to residents and nonresidents.
Sec. 4-22. Method of payment.
If the offending party desires to dispose of the charge without personally appearing before the district South Kingstown Municipal cCourt he/she may execute the form indicated and return it to the South Kingstown Police DepartmentTown Clerk’s Office not later than thirty (30) days from the date of the summons either by mail or by delivering it to the police department Town Clerk’s Office together with a certified check or money order in an amount indicated by the fine schedule on said form.
Sec. 4-23. Violations to which applicable and schedule.
The following violations may be handled administratively through the method as prescribed in this chapter; provided however, this list is not exclusive and jurisdiction may be conferred on the District Court of Rhode IslandSouth Kingstown Municipal Court with regard to other violations.
* * * * *
Chapter 10
Motor Vehicles and Traffic
Article I. In General
* * * * *
Sec. 10-7. Operation of vehicle as to create unnecessary noise prohibited.
(a) It shall be unlawful for any person to so operate any automobile, motorcycle or other motorized vehicle on any highway, street, gangway, court, square, private parking lot, public parking lot or any other public place in any park of this town in such a manner as to cause or create unnecessary noise by causing the spinning of wheels of any such vehicle so operated on the pavement or to cause or to create unnecessary noise by reason of defective or altered exhaust system on such vehicle.
(b) Unnecessary noise shall be any noise other than that usually occasioned by the reasonable and normal operation of any such automobile, motorcycle or other motorized vehicle.
(c) Conviction of violation of this section shall be punishable by a fine not to exceed fifty dollars ($50.00) or imprisonment not to exceed ten (10) days for each violation in the amount of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense, and three hundred dollars ($300) for the third and any subsequent offense.
* * * * *
Sec. 10-16. Issuance of citations to violators of traffic regulations; penalties for violations.
It shall be the duty of the police officer and police constables of the town, acting in accordance with instructions issued by the chief of police to report:
(1) When a vehicle has violated any of the provisions of this chapter or other ordinances;
(2) The state of registration and the license plate number of each such vehicle;
(3) The specific nature or type of violation;
(4) Each such officer or police constable shall also attach to such vehicle or render to the operator thereof, written notice to the owner that such vehicle has violated a certain provision of this chapter or other traffic ordinance and instructing such owner to report at the office of the chief of police in respect to such violation with regard to payment or prosecution of said violation in accordance with Section 1-9(c) of this Code. Each such owner or operator may, within seven (7) days of the time when such notice was so served on such owner, mail to the office of the chief of police make advance payment in accordance with Sec. 1-9(c) as a penalty for and in full satisfaction of such violation the sum of five seventy-five dollars ($575.00) in every case, except where another ordinance provides for a higher fine.
* * * * *
Sec. 10-18. Authority of police department to collect fines.
The police department is hereby designated and authorized to collect and to receive the fines provided for violations of the provisions of this chapter or other traffic ordinances which are or shall be in effect in the town. Reserved.
Sec. 10-19. Disposition of money received under chapter; audit of police accounts.
All money received and collected by the police department under this chapter shall be turned over to the town treasurer. All such charges, records and payments shall be entered forthwith by the police and the books of the police containing records of violations, dispositions and money received as fines therefrom shall be audited not less than once every three (3) months by a town auditor. Reserved.
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Article II. Stopping, Standing and Parking
Sec. 10-53. Winter parking prohibited.
It shall be unlawful for the operator of any motor vehicles to park on any public highway, municipal parking lot or municipally owned parking area in the town after a parking ban declaration has been implemented. This parking restriction will remain in effect until the official declaration has been lifted. Any motor vehicle in violation of this section may be towed, and the parking fine shall be assessed at twenty-five one hundred dollars ($25100.00). This section shall not apply to the eight (8) parking spaces granted to Tase-Rite Co., Inc. by an easement deed filed with the town clerk on January 9, 2003.
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Sec. 10-65. Emergency restriction on parking.
(a) No parking shall be permitted during the times designated when emergency storm conditions exist. At the outset of any storm requiring the declaration that emergency conditions exist, such conditions will be declared to be in effect by means of radio announcement by the town manager. The no parking will be modified or eliminated as soon as storm conditions permit.
(b) The chief of police, or his representative, shall have the authority to cause an illegally parked vehicle to be towed away by a licensed towing service to the premises operated by such service if, in his opinion, the public safety of residents of the town is or will be jeopardized. The applicable fine and all costs of towing and storage must be paid by the owner or operator of the vehicle before the vehicle is released.
(c) All violations of this section shall be punished by a fine of five seventy-five dollars ($575.00).
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Sec. 10-68. Parking fines.
(a) Parking fines for violations of this chapter as cited by the South Kingstown Police Department in the form of parking citations shall be twenty-five seventy-five dollars ($2575.00).
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Sec. 10-71. Parking at Marina Park.
No person shall park any vehicle or boat trailer in the main parking lot or turfed area adjacent to Festival Field between 2:00 a.m. and 4:00 a.m. Notwithstanding the foregoing, the chief of police, or his representative, shall have the authority to grant an exemption from this prohibition for boat owners who rent slips at Marina Bay Docking.
No person shall park any vehicle or boat trailer in the easterly parking lot adjacent to the Route 1 overpass for more than seventy-two (72) hours.
All violations of this section shall be punished by a fine of fifty seventy-five dollars ($5075.00) and any motor vehicle or trailer in violation may be towed.
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Chapter 11
Nuisances
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Article II. Junked, Dismantled or Abandoned Vehicles
Sec. 11-21. Disposition of vehicles in violation of this article.
(a) Such vehicle or trailer will be tagged by the zoning officer citing the violation and if not removed within thirty (30) days, will be deemed abandoned and a hazard, and the zoning officer will register a complaint with the police department where an investigation under G.L. § 31-22-13 shall be conducted. Notice will also be left with the resident of the premises, if any, of the property upon which the vehicle or trailer is located.
(b) The vehicle owner who shall allow a vehicle to remain on his property or is in violation of section 11-20 and subsection (a) of this section shall be guilty of an offense punishable, and upon conviction, subject to a fine of twenty seventy-five dollars ($2075.00) or imprisonment for ten (10) days. Each day the vehicle owner shall allow the above-mentioned condition to exist after original tagging of such vehicle shall constitute a separate offense.
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Sec. 11-22. Penalties.
Any property owner who shall fail to comply with the provisions of sections 11-17 and 11-18 shall be guilty of an offense punishable, and upon conviction, subject to a fine of twenty seventy-five dollars ($2075.00) or imprisonment for ten (10) days. Each day the property owner shall allow the above-mentioned condition to exist shall constitute a separate offense.
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Chapter 12
Offenses and Miscellaneous Provisions
Article I. In General
Sec. 12-2. Improper conduct.
(a) Every person who shall anywhere in the town quarrel, fight, revel, wantonly raise any false cry or alarm of fire, commit any nuisance or misdemeanor, or otherwise behave in a noisy, disorderly or indecent manner, to the disturbance or annoyance of the peaceable people of the town, or any portion of them, or shall aid, assist, incite, encourage, or promote the same to be done by any other person shall be guilty of a violation of this section, as well as the following:
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(b) Every person convicted of violating any provision of this section shall , upon conviction therefor, be fined not less than twenty dollars ($20.00) nor more than one five hundred dollars ($100500.00) for every such offense, or be imprisoned not exceeding thirty (30) days.
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Sec. 12-11. Public consumption prohibited; possession by persons under twenty-one (21) years of age prohibited; possession of open containers prohibited.
It shall be unlawful for any person to consume alcoholic beverages of any kind on a public way or street, beach, public picnic ground, park, amusement area or any other public place or building, unless permitted by law, within the town. It shall be unlawful for any person who has not attained the age of twenty-one (21) years to have in his possession alcoholic beverages of any kind within a building, park, on a public way or street, park, amusement area or any other public place or building within the town. The possession of an open container of alcohol by any person is prohibited on a public way or street, beach, public picnic ground, park, amusement area or any other public place or building. The penalty for any violation is a fine of fifty dollars ($50.00) not more than five hundred dollars ($500.00) for every such offense. Violators shall be summoned before the Municipal Court. Provided, however, that the consumption of alcoholic beverages and/or the possession of open containers in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 9-21 shall not be prohibited.
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Chapter 15
Solid Waste Management
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Sec. 15-67. Compliance requirements.
(d) Quantifying minimum town recycling diversion rates: Each private hauler collecting residential solid waste and residential recyclable material in town, shall at the direction of the public services director be required to provide on the fifteenth day of each month documentation that he/she met or exceeded minimum town recycling diversion rates for the prior calendar month's collection activity. Said documentation, shall be to the satisfaction of the public services director.
Penalties for noncompliance with minimum recycling diversion rate requirements: The penalties for noncompliance with minimum recycling diversion rate requirements shall be set forth in section[s] 15-68 (c)(1)—(4) 15-67(c)(1-4).
Chapter 16
Streets and Sidewalks
Article I. In General
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Sec. 16-3. Penalty violation of section 16-2.
a) Violation of section 16-2 by a person shall result in a warning for the first offense and shall be punishable by a fine of one hundred dollars ($100.00) for the second offense, and by a fine of one hundred seventy-five dollars ($175.00) for the third offense enforcement as specified in Section 16-9. The fine may be paid by mail or in person at the tax collector's office. Upon the fourth and each subsequent violation of this section, a person shall be subject to the penalties set forth in section 1-9. of the Code. Only one (1) violation may occur with respect to any one (1) snowfall or ice event or other event resulting in snow or ice encumbering a sidewalk, provided however, that a continued violation twenty-four (24) hours after the issuance of a warning for a first offense shall constitute a second offense.
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Sec. 16-9. Penalties and enforcement.
In addition to any other penalties provided for in this chapter, any violation of any provision of Chapter 16 may be subject to the general penalty provisions of Section 1-9 of the Town Code of Ordinances and prosecuted in the South Kingstown Municipal Court thereunder.
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Chapter 18.5
Tree Ordinance
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Article VI. Enforcement
Sec. 18.5-36. Restitution for replacement trees.
a) The tree warden, in accordance with G.L. 1956, § 2-14-7, may require a monetary restitution of up to two thousand five hundred dollars ($2,500.00) from any individual or entity who performs or authorizes work that illegally removes, damages, or prunes a protected tree. The amount of monetary restitution required shall be in accordance with the Town of South Kingstown Tree Replacement Policy, as amended and maintained by the public services department, and shall be equivalent to the cost for the town to plant and maintain town trees to replace those illegally removed, damaged, or pruned.
b) Failure to pay within thirty (30) days any monetary restitution required by the tree warden for an illegal action to a protected tree performed or authorized by an adjacent property owner shall constitute a lien on the private property. The town shall maintain its right to legal and equitable remedies that may be available in order to enforce compliance with the provisions of this chapter. In addition to costs and any associated monetary restitution, the property owner shall be responsible for any interest, administrative and court costs associated with the collection of the funds.
c) In addition to the penalties specified herein, any violation of any provision of Chapter 18.5 may be subject to the general penalty provisions of Section 1-9 of the Town Code of Ordinances and prosecuted in the South Kingstown Municipal Court thereunder.
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Chapter 19
Utilities
Article I. In General
Sec. 19-1. Penalties and enforcement.
In addition to any other penalties provided for in this chapter, any violation of any provision of Chapter 19 may be subject to the general penalty provisions of Section 1-9 of the Town Code of Ordinances and prosecuted in the South Kingstown Municipal Court thereunder.
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Chapter 20
Stormwater Management
Article I. Illicit Discharge Detection and Elimination
Sec. 20-1. Penalties and enforcement.
In addition to any other penalties provided for in this chapter, any violation of any provision of Chapter 20 may be subject to the general penalty provisions of Section 1-9 of the Town Code of Ordinances and prosecuted in the South Kingstown Municipal Court thereunder.
B. Discussion ensues relative to proposed amendments to the Town Council’s Rules of Conduct to add an additional amendment to include that any member of the Town Council may also request a Communication item to be placed on the Agenda.
Further discussion ensues relative to staff providing a draft Agenda to the Town Council for review prior to posting.
UNANIMOUSLY VOTED: to amend the Town Council’s Rules of Conduct, Rule 12. Agenda as follows:
The Agenda for regular meetings will be finalized on Wednesday before a Monday meeting, and made available for Council members and the general public on Thursday afternoon at 4:30 p.m. Any member of the Town Council may request a New Business or Communication item to be placed on the Agenda by Wednesday afternoon at 4:30 12:00 p.m.
C. The Town Solicitor is present and reviews that a sunset provision of May 1, 2023 was included in the Affordable Housing Fund Ordinance when it was first adopted in 2021. The proposed amendments would re-adopt Section 14-2 Affordable Housing Fund and eliminate the sunset provision.
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 14 Planning, Article I. In General, that would re-adopt Section 14-2. Affordable Housing Fund and eliminate the sunset provision, as follows; and as further described in a memorandum from the Planning Director to the Town Manager dated October 16, 2023 and entitled “Request for Council Re-Authorization of Affordable Housing Fund Ordinance.”
Amendments to the Town Code
Chapter 14 Planning
Article I. In General
******
Sec. 14-2. Affordable housing fund.
(a) Legislative findings.
(1) Whereas there is a shortage of affordable and accessible housing in the Town of South Kingstown, as documented by the Town of South Kingstown Comprehensive Community Plan (the “Comprehensive Plan”);
(2) Whereas revenues, real property, and land may be received by the town through contributions from individuals, town appropriations or charitable organizations for the development of affordable housing;
(3) Therefore, the Town of South Kingstown hereby establishes an Affordable Housing Fund to encourage a range of affordable housing choices so that the town can continue to be home to a vital mix of people with a wide variety of income levels.
(b) Statement of purpose. To establish the South Kingstown Affordable Housing Fund (Fund) to: act as a source for funding of affordable housing development in the town; to increase the resources available to create and preserve affordable housing that will help meet the state’s goal of ensuring that ten percent (10%) of the town’s housing is affordable for low and moderate income (“LMI”) households, as required by the Rhode Island Low and Moderate Income Housing Act, RIGL §45-53-3(4); to revitalize South Kingstown's neighborhoods; to implement the town's Comprehensive Plan and more specifically its affordable housing production plan; and to assist the town to leverage additional outside resources which may be used to provide affordable housing.
(c) Establishment of the affordable housing fund. The Fund shall hereby be established by the town as a separate segregated account under the name of the South Kingstown Affordable Housing Fund, held and awarded by the town only for the implementation of those items established in this statement of purpose. The Fund shall be administered by the South Kingstown Finance Department.
(d) Administration of the affordable housing fund. The South Kingstown Planning Department shall staff and provide general administration of expenditures to the Fund. Overall financial management of the fund shall reside with the South Kingstown Finance Department.
(e) Oversight. The Affordable Housing Collaborative shall act as the advisory board for the Fund. The Affordable Housing Collaborative will recommend projects to the town manager during the application process. The town manager may recommend projects to the town council. The town council will make all final funding decisions and disposition of other assets held by the fund, except for applications for predevelopment funds of seven thousand five hundred dollars ($7,500.00) or less. Predevelopment requests are generally more time-sensitive in nature, so they call for an expedited approval process. Therefore, the town manager may award predevelopment funds of seven thousand five hundred dollars ($7,500.00) or less. The Affordable Housing Collaborative will make recommendations to the town manager on predevelopment applications of seven thousand five hundred dollars ($7,500.00) or less.
(f) Suitable contributions. The Fund may accept:
(1) Revenue from contributions directed to the Fund by Town Ordinance or state or federal law.
(2) Contributions from individuals, corporations, charitable or other organizations that are dedicated to and intended for the support of the production of affordable housing development in South Kingstown.
(3) Donations of land or real property appropriate to the development of affordable housing, on behalf of the Town of South Kingstown. The Town of South Kingstown would hold the title on the land or property until such time as an award or transferal is made pursuant to sub-section 2(k), below.
(4) Resources appropriated by the town or any other governmental entity.
The Fund, on behalf of the town, shall have the ability to hold land or real property for subsequent award, sale, or other disposition for the purpose of producing affordable housing.
Any assets remaining in the Fund at the end of any fiscal year shall be carried into the next fiscal year, including any land or real property, all interest and income earned, as well as any repayments or forfeitures of loans and grants.
(g) Application. Applications for awards from the Fund shall be submitted to the Planning Department and reviewed by the Affordable Housing Collaborative. Applications shall be made on forms prepared by the Planning Department, including: shall include:
(1) An application form;
(2) An attestation from the applicant, supported by appropriate documentation, that the project would not otherwise be able to proceed without the requested support;
(3) In the case of all for-profit development projects, evidence that the award will result in more affordable housing than would otherwise be required/provided by the town’s inclusionary zoning requirements or the state’s comprehensive permit procedures under RIGL § 45-53-4.
(h) Review & Recommendation. The Affordable Housing Collaborative shall review applications for awards during a public meeting and vote on a recommendation to the Town Manager. In making its recommendation, the Affordable Housing Collaborative shall consider the following factors:
(1) The project’s consistency with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing;
(2) The amount sought relative to: the financial status of the Fund, the overall cost of the project; and the number of LMI housing units to be created;
(3) The experience of the developer in building affordable housing projects relative to the size and complexity of the proposed project;
(4) Whether competing project proposals would make better use of Fund resources;
(5) Project location relative to walkable public transit, stores, services, employment and amenities;
(6) The needs of the town in terms of affordable rental units and ownership units;
(7) The degree to which a project is benefitting from or could benefit from other LMI housing programs;
(8) Such other specific considerations as the Affordable Housing Collaborative deems relevant to the furtherance of the town's goals and policies pertaining to the production of affordable housing.
(i) Awards. Awards will be made only to projects that are determined to be consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing, and that contribute to the goal of insuring that ten percent (10%) of the town’s housing stock is affordable to LMI households. “Low or moderate income housing” is defined as federal, state or locally subsidized housing provided to LMI households pursuant to federal or state statute, or local ordinance and that will remain affordable for not less than thirty (30) years. (RIGL § 45-53-3(9)). In cases where an award includes the conveyance of real property owned by the town, the property shall remain dedicated for LMI housing purposes in perpetuity. Awards may be made for developments that provide either home ownership and/or rental opportunities to low and moderate income families in South Kingstown. Funded developments may include either new construction or the rehabilitation of existing structures, provided that the construction or rehabilitation increases the number of LMI housing units in the town of South Kingstown.
(j) Monetary Awards. Non-profit community development corporations, non-profit housing development organizations (including the South Kingstown Housing Authority and affiliated organizations), for-profit housing developers and owners of property in South Kingstown where LMI housing is proposed for development are eligible recipients for awards as outlined below. All monetary awards are subject to the availability of monies in the Fund.
(1) Construction costs: All eligible developers may apply for loans or grants for costs related to construction or rehabilitation work that results in the creation of new, additional, LMI housing units in the Town of South Kingstown.
(2) Predevelopment costs. Non-profit housing developers (including the South Kingstown Housing Authority) may apply for awards for predevelopment costs for projects that create new LMI housing units. Awards may be made in the form of grants or loans for expenses including, but not limited to: appraisals, Phase I and II Site Assessments, architecture and engineering (A&E) for Conceptual Master Plan review, legal and title review, initial engagement fees for Certified Monitoring Agents and other costs deemed necessary by the Affordable Housing Collaborative to move projects forward. If the total predevelopment costs of a project is within the means of the Fund, 100% of the required funding may be so provided. (Note: South Kingstown acknowledges that Fair Housing laws govern the occupancy of any units created in whole or in part with Fund dollars.)
(3) ADUs & Accessory apartments. South Kingstown residents may apply for monetary awards from the Fund for costs relating to the creation of accessory apartments on their properties that are deed-restricted as affordable dwelling units. Eligible expenses include predevelopment design costs, construction costs or costs associated with the engagement of a Certified Monitoring Agent.
(4) Form of monetary awards. All awards shall be in the form of forgivable loans. Loans will be forgiven if the owner records a legal deed restriction limiting occupancy of the dwelling unit to LMI individuals for a period of not less than thirty (30) years in accordance with state law prior to the issuance of a certificate of occupancy by the Building Inspector. All loans shall accrue interest at a rate of six percent (6 %) per annum from the date the loan is given. Where a deed restriction is recorded and a certificate of occupancy is issued within eighteen (18) months of the issuance of the loan, the loan and all accrued interest will be forgiven. Where no deed restriction is recorded, loans shall automatically become due and payable upon either the issuance of a certificate of occupancy or, where no certificate of occupancy is issued, eighteen (18) months from the issuance of the loan, whichever occurs first. Following the issuance of a certificate of occupancy, the property owner shall have one (1) year within which to petition the Affordable Housing Collaborative to forgive the loan upon a showing of good cause in exchange for recording the required deed restriction limiting occupancy of the dwelling unit to a LMI household for a period of not less than thirty (30) years.
(k) Non-Monetary Awards. Applications for awards of land or real property to support LMI housing production will be solicited through a formal request-for-proposals issued by the town and will only be awarded to projects that are consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing.
(l) Other awards: The Affordable Housing Collaborative may consider such other requests for financial support from the Fund as it deems reasonable and likely to increase the supply of LMI housing in South Kingstown and consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing. Such requests shall be submitted to the Affordable Housing Collaborative via a written application detailing the nature and extent of the project and the type, number, size and location of the new LMI housing units to be created by the project.
(m) Sunset provision. The provisions of this ordinance shall expire on May 1, 2023, unless reenacted by the South Kingstown Town Council.
Amendments adopted May 10, 2021
D. Richard Bourbonnais, Director of Public Services is present and reviews the Highway Division recommendation for the purchase of road salt for the upcoming winter season.
UNANIMOUSLY VOTED: to authorize a joint award of bid to Mid-American Salt, LLC, 4528 Hillegas Road, Fort Wayne, IN 46818 for winter road solar salt at a unit price of $72.72 per ton delivered for FY 2023-2024, and to Eastern Salt Co., 134 Middle Street, Lowell, MA 01852 for winter road solar salt at a unit price of $74.22 per ton delivered for FY 2023-2024; as further described in a memorandum from the Public Services Director to the Town Manager dated October 17, 2023 and entitled “Bid Recommendation for FY 2023-2024 Winter Road Solar Salt.”
E. The Town Solicitor reviews proposed amendments that would add an Article to the Town Code relative to rental dwellings. This ordinance would assist the Town in tracking how many houses are being used for rental purposes and the length of time they are being rented.
Discussion ensues relative to the difference between the proposed ordinance and the State registry, the proposed registration and late fees, the publication process, and referring to the Economic Development Committee for review.
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 9 Licenses and Miscellaneous Business Regulations, that would add a new Article IX. Rental Dwellings, as follows.
PROPOSED AMENDMENTS TO THE TOWN CODE
CHAPTER 9
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
Add:
ARTICLE IX. RENTAL DWELLINGS
Sec. 9-200. Applicability.
The provisions of this article shall apply to all rental dwellings/units within the town except those such as hotels, motels and tourist homes which are licensed pursuant to Chapter 18.
Sec. 9-201. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Record owner means the property owner of record, as identified by the town’s tax records.
Rental dwelling means any enclosed space which is wholly or partly used or intended to be used for occupants who are paying rent therefor.
Rental unit means any room or group of rooms located within a rental dwelling and forming a single habitable unit for living and sleeping by occupants who are paying rent therefor.
Sec. 9-202. Registration.
(a) Required. No rental dwelling/unit shall be let, leased or otherwise permitted to be occupied, in whole or in part, by a tenant for residential and/or dwelling purposes unless and until the record owner has registered such property with the building official.
(b) Form. The rental registration form shall indicate the tax assessor's plat and lot number, address of the rental dwelling/unit, the number of rental dwelling units and bedrooms therein, the name and permanent mailing address of the record owner, the maximum number of tenants at one time, and period of occupancy (summer, September to June, or other). All rental registration applications shall be signed by the record owner and properly notarized.
(c) Filing date; term. On or before December 31 of each year, the record owner of the rental dwelling/unit shall file the completed rental registration form with the building official, which registration shall be valid for a one-year period from January 1 to December 31 of the following year. If the property is registered during the calendar year, the registration shall be valid until December 31 of that same year.
Sec. 9-203. Posting of notice by owner.
The record owner shall post in plain view, in a conspicuous place within the rental dwelling/unit, a notice containing the ordinances of the town with regard to the dog leash law, trash disposal, parking restrictions, noise ordinance, dwelling occupancy limits, unruly gatherings, and any other pertinent ordinance or law which the council may deem appropriate from time to time. Such notices shall be available at the office of the building official. The record owner or any person in control or possession of said rental dwelling/unit subject to the provisions of this article, shall cause a copy of the current lease and registration form required by this article to be posted or affixed to the inside of the primary access door to said rental dwelling/unit so as to allow the lease and registration form to be readily available for inspection by police, zoning, building, or minimum housing officials of the Town of South Kingstown.
Sec. 9-204. Penalty for violation of article.
Record owners who violate the provisions of this article shall be subject to a minimum mandatory fine of five hundred dollars ($500.00).
Sec. 9-205. Fee.
To defray the cost of implementing and overseeing compliance with this article and to help defray the costs associated with the frequent use of town services, including, but not limited to public safety personnel, code compliance personnel and managerial personnel associated with the policing of rental dwellings, there shall be a registration fee of one hundred dollars ($100.00) for each rental unit covered under the provisions of this article. Any owner who is required to file the registration form on or before December 31 of each year, and who does not file on time, shall, in addition to any other applicable penalties provided for herein, be required to pay a late fee of three hundred dollars ($300.00).
Secs. 9-206 – 9-210. Reserved.
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This Ordinance shall take effect upon passage.
10. TOWN MANAGER’S REPORT
E. James Manni, Town Manager provides a brief overview of the Town of Narragansett’s Rental Registration Program. Short-term rentals are a major issue nationwide, and residential homes are being purchased to rent as businesses, which affects the affordability of homes within the Town. The purpose of implementing a rental registration program is to determine how many homes are being used as rentals, analyze their impact on the Town, and bring the rental owners into compliance.
A. The Town Manager provides a status update on the School Building Committee (SBC) and the South Kingstown High School (SKHS). At their meeting held on October 19th, the SBC discussed and determined the new cost estimation for the proposed SKHS to be approximately $155 million. The SBC recommended that the Town request a bond amount of $150 million from the General Assembly. The Town Council, School Committee, and SBC will be holding a joint session on October 24th related to the SKHS project.
B. The Town Manager reviews the Town Council’s request to actively engage with Town Boards and Commissions. It was decided to invite the Boards and Commissions to the Town Council meetings on a regular basis to provide presentations on their efforts and initiatives.
C. James Rabbitt, Director of Planning provides an update on the American Rescue Plan Act (ARPA) Program. Mr. Rabbit discusses investment categories, applications received, and funds that were allocated.
Discussion ensues relative to adding ARPA funds to the next meeting agenda to discuss and potentially reallocate some of the funds, and the potential of using the opioid settlement funds as a source of funding for public safety and mental health staffing.
Matthew Moynihan, Chief of Police is present and reviews a federal grant that was secured to allow for one additional full-time clinician. It is noted that the opioid settlement fund is restricted solely to items relating to the opioid problem.
Further discussion ensues relative to specific ARPA fund line items including program management and the new EMS building.
The Town Manager notes that additional funding for the construction of the new EMS building would be needed and an application for grant funding has been submitted to Senator Reed’s office.
The Planning Director notes that there will need to be a future discussion relative to reallocating funds toward the new EMS building.
D. Lucas Murray, Deputy Town Manager is present and provides a background on the Oliver Watson Home, Wakefield School, and South Road School. The Oliver Watson Home was originally bequeathed to the Town as a home for the aged and was used until the facility closed in 1997. An appraisal was done on the property in 2018, but the property was not put on the market. The WARM Center has toured the facility to assess if they’d like to submit a proposal for the property.
Russ Partridge, Executive Director of the WARM Center is present and discusses the need to increase shelter space for affordable housing and the potential of using the Oliver Watson Home. The Oliver Watson Home’s restricted use as a home for aged people falls in line with the WARM Center’s new senior interim housing program.
Discussion ensues relative to exploring potential options and analyzing the best use of the Oliver Watson Home.
It is clarified that the WARM Center’s interest in the property was not pursued by Town management and discussion ensues regarding the restrictions on the property.
The Deputy Town Manager reviews the vacant Wakefield School property. The School Department submitted paperwork to the RI Department of Education (RIDE) in March 2023 to meet the requirement to notify RIDE six months prior to the building being turned over to the Town. It is the School Department’s responsibility to petition the Town Council to take back the property.
The Deputy Town Manager toured South Road School with a vendor from state housing to determine if the property is suitable for affordable housing in accordance with RI General Laws §45-53-10. The Town was informed that the vendor would go back to the task force to discuss and determine if the facility would be suitable for some type of affordable housing.
The Town Solicitor clarifies that RI General Laws §45-53-10 does not mandate these vacant properties to become affordable housing. The State would provide incentives for Towns that repurpose the vacant buildings for affordable housing.
11. TOWN SOLICITOR’S REPORT
12. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that an email dated October 12, 2023 from Annie Kenny, President, Family Court Awareness Month requesting a proclamation recognizing November as Family Court Awareness Month is received, placed on file, and the request is approved as follows:
FAMILY COURT AWARENESS MONTH
WHEREAS, the mission of the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children, and;
WHEREAS, the mission at the FCAMC is fueled by the desire to create awareness and change in the family court system for the conservatively estimated, 58,000 children a year ordered into unsupervised contact with abusive parents, while honoring the hundreds of children who have been reported as murdered during visitation with a dangerous parent, and;
WHEREAS, the mission of the FCAMC is to increase awareness on the importance of empirically-based education and training on domestic violence and child abuse, including emotional, psychological, physical, and sexual abuse, as well as childhood trauma, coercive control, and post separation abuse for judges and all professionals working on cases within the family court system, and;
WHEREAS, the mission of the FCAMC is to increase awareness on the importance of using scientifically valid, evidence-based, treatment programs and services that are proven in terms of safety, effectiveness, and therapeutic value, and;
WHEREAS, the mission at the FCAMC is to educate judges and other family court professionals on evidence-based, peer-reviewed research. Such research is a critical component to making decisions that are truly in the best interest of children. This research includes The Adverse Childhood Experiences (ACEs) Study (co-principal investigator: Vincent Felitti, Kaiser Permanente-CDC); Child Custody Evaluators’ Beliefs About Domestic Abuse Allegations (principal investigator: Daniel Saunders, University of Michigan, sponsored by the National Institute of Justice); and Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations (principal investigator: Joan S. Meier, GW Law School, sponsored by the National Institute of Justice), and;
NOW THEREFORE WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN proclaim November 2023 as FAMILY COURT AWARENESS MONTH in the Town of South Kingstown and request our residents to support their local communities' efforts to prevent the harm of children in the hands of family members and to honor and value the lives of children.
B. UNANIMOUSLY VOTED: that an email dated October 16, 2023 from Katie J. Charron, Outreach and Marketing Specialist, RI District Office, U.S. Small Business Administration requesting a proclamation recognizing October 30th through November 3rd as National Veterans Small Business Week is received, placed on file, and the request is approved as follows:
NATIONAL VETERANS SMALL BUSINESS WEEK
WHEREAS, nearly one out of ten small businesses across the United States is veteran owned -- from Main Street store fronts to virtual high-tech startups that advance America, veteran owned small businesses are a pillar of our economy and contribute to the foundation of our nation; and
WHEREAS, veteran and military spouse small business owners are resilient, disciplined, and mission-oriented, thanks to their commitment to serving our country and communities; and
WHEREAS, when we resolve ourselves to strengthen our communities, we must empower and support the giants that veteran entrepreneurs are in our economy; and
WHEREAS, National Veterans Small Business Week highlights the programs and services available to veteran entrepreneurs through the U.S. Small Business Administration and resource partners; and
WHEREAS, the Town of South Kingstown supports and joins in this national effort to help America’s veteran owned small businesses start, grow, and recover their businesses after a disaster and help our communities thrive.
NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim October 30 through November 3, 2023 as NATIONAL VETERANS SMALL BUSINESS WEEK in the Town of South Kingstown.
C. UNANIMOUSLY VOTED: that an email dated October 18, 2023 from W. Murray Gates requesting the Town place a deed restriction on the Oliver Watson Home is received and placed on file.
13. APPOINTMENTS
Susan M. Flynn, CMC
Town Clerk
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