WORK SESSION

 

SEPTEMBER 25, 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 25^th day of September 2023 at 7:00 PM.

 

            PRESENT:     Rory H. McEntee, President

Patricia A. Alley

Deborah D. Bergner

 

 

 

1.         A.        INTERVIEWS

 

The Town Council interviews Mary Talbot-Rabuano relative to her interest in being reappointed to the Conservation Commission.

 

The Town Council interviews Margaret Clune relative to her interest in being appointed to the Conservation Commission.

 

Darryl Geissler, applicant for the Affordable Housing Collaborative Committee is not present.

 

The Town Council interviews Robert Warren relative to his interest in being appointed to the Library Board of Trustees.

 

1.         B.        WORK SESSION

 

The Town Council takes a brief recess.

 

Convened to Regular Session.

 

Susan M. Flynn, CMC

Town Clerk

 

 

 

 

 

 

 

REGULAR SESSION

 

SEPTEMBER 25, 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 25^th day of September 2023 at 7:30 PM.

 

            PRESENT:     Rory H. McEntee, 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 three members are present. Council Vice President Marran and Councilwoman Rose are absent.  

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on September 11, 2023 are accepted, approved and placed on file.

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on September 11, 2023 are accepted, approved and placed on file.

 

C.        Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on September 11, 2023 are accepted.

 

Town Manager Report Item 9D and Communication Item 10A are brought forward.

 

James Manni, Town Manager speaks about a large fire that ensued at the Harborside Inn in Block Island and that mutual aid was requested. The Town sent in firefighters from the Union Fire District and the Kingston Fire District to assist in battling the fire.

 

The Town Manager introduces Union Fire Chief Steven Pinch who reviews the efforts and coordination among various agencies to respond to the fire and expresses his appreciation to everyone who assisted.

 

The Town Council thanks the members of the Fire Districts for their efforts.

 

UNANIMOUSLY VOTED: that a resolution adopted September 5, 2023 by the New Shoreham Town Council extending their thanks to the Union and Kingston Fire Districts for their assistance and to the Town for providing mutual aid to their municipality on August 18^th when a major fire broke out at the Harborside Inn is received and placed on file.

 

5.         CONSENT AGENDA

 

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

 

(CA)    A.        UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2023 to the following; Renewals:

 

DE Foods, Inc. d/b/a KFC/Taco Bell, 139 Old Tower Hill Road, Wakefield, RI 02879. Application by David Evans, President. License No. 73090.

 

Global Montello Group, Corp. d/b/a Alltown South Kingstown, 3079 Tower Hill Road, Wakefield, RI 02879. Application by Sean Geary, Chief Legal Officer. License No. 63963.

 

Starbucks Corporation d/b/a Starbucks Coffee #2798, 600 Kingstown Road, Wakefield, RI 02879. Application by Mary Her, Senior License Analyst. License No. 59601.

 

Store Four, LLC d/b/a Store Four, 673 Kingstown Road, Wakefield, RI 02879. Application by Jane Costanza, Member. License No. 72581.

 

(CA)    B.        UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2023 to the following; Renewals:

 

Cardi’s Department Store, Inc. d/b/a Cardi’s Furniture Bedding Plus, 25 South County Commons Way, Wakefield, RI 02879.  Application by Nikki Melitz, Accounting.  License No. 81194.

 

Crops B&B, LLC d/b/a Crops Beauty & Barber, 99 Fortin Road, Kingston, RI 02881.  Application by Madelyn Selwyn, Member.  License No. 62400.

 

Drake Petroleum Company, Inc. d/b/a South Kingstown Xtra Mart, 72 Old Tower Hill Road, Wakefield, RI 02879.  Application by Sean Geary, Chief Legal Officer.  License No. 59237.

 

Eloquence Jewelers, LLC d/b/a Eloquence Jewelers, 36 South County Commons Way, Wakefield, RI 02879.  Application by Daniel Lantz, Member.  License No. 59223.

 

Peter Pots Stoneware, Inc. d/b/a Peter Pots Stoneware, 494 Glen Rock Road, West Kingston, RI 02892.  Application by Jeffrey Greene, President.  License No. 59454.

 

Pleasantries Flower Shop, Inc. d/b/a Pleasantries Flower Shop, 94A Main Street, Wakefield, RI 02879.  Application by Meredith Masson, President.  License No. 59095.

 

Rhode Island CVS Pharmacy, LLC d/b/a CVS Pharmacy #868, 99 Fortin Road, Kingston, RI 02881.  Application by CVS Licensing Department.  License No. 81228.

 

RPC, Inc. d/b/a Rumford Pet Express, 20 Main Street, Wakefield, RI 02879.  Application by Michael Squatrito, President.  License No. 70144.

 

Spirit Recognition, Inc. d/b/a University Spirit, 99 Fortin Road, Kingston, RI 02881.  Application by Robert Marshall, President. License No. 60846.

 

TPS Group Holdings, LLC d/b/a The Paper Store, 160 Old Tower Hill Road, Suite 12, Wakefield, RI 02879.  Application by Lisa Grant, Accounting.  License No. 69591.

 

(CA)    C.        UNANIMOUSLY VOTED: to grant a Tourist Accommodations – Trailer Park License to Matunuck Beach Trailer Association, Inc. d/b/a Matunuck Beach Trailer Association, 811 Matunuck Beach Road, Wakefield, RI 02879. Application by Kathy Lynne Laplante, Treasurer; Renewal. License No. 59469.

 

(CA)    D.        UNANIMOUSLY VOTED: to grant a Firearms and Ammunitions License to IDGR15 LLC d/b/a Peace Dale Shooting Preserve, 371 Rose Hill Road, Wakefield, RI 02879. Application by Sven Soderberg, Member; Renewal. License No. 66495

 

(CA)    E.         UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $893.13, as shown on Tax Abatement Request No. 627.

 

6.         LICENSES

 

A.        Kevin Momenee is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to The Gathering Table LLC d/b/a The Gathering Table, 237 Robinson Street, Wakefield, RI 02879 subject to Department of Health approval. Application by Kevin Momenee, Member; New. License No. 81139.

 

7.         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.

 

Elise Torello is present and comments on Section 504.14 of the Zoning Ordinance containing a requirement for a special use permit for household occupancy by more than three unrelated individuals. Ms. Torello explains that a neighboring home is being rented out to seven to eight individuals without Planning Board or Zoning Board of Review consideration. The Building Official has been notified and a first notice has been sent. There are concerns relative to the drinking water coming from a pond and not a well which is against the building and zoning code.

 

The Town Manager explains the difficulty in enforcing this ordinance, the ability to hear these issues in the near future in Municipal Court, and the Town’s progress in establishing rental registration regulations to assist with enforcing these ordinances.

 

UNANIMOUSLY VOTED: to add building code enforcement issues to the Agenda for discussion purposes.

 

Michael Ursillo, Town Solicitor explains that this is a bigger issue than this one specific case and will work with the Town Manager’s office to determine what’s going on. It is noted that the concerns raised about non-potable water is a RI Department of Health issue. The Town Solicitor’s office will follow up with the zoning and water issues.

 

Discussion ensues relative to the progress in establishing a rental registration program.

 

Murray Gates is present and comments on local government and its structure, the Town Boards and Commissions’ relationship with the Town Council, and requests an update on an estimate for a title search on the historic Rodman Family Cemetery.

 

Chris Iredale is present and comments on his interest in the Town taking responsibility for maintenance of other historic cemeteries.

 

Jim O’Neill is present and comments on the fire at the Harborside Inn on Block Island, rental registration, and whether a list of private roads within the Town has been made public. Mr. O’Neill further comments on the student population, potential cost savings, cost of a new High School, and an increase of the tax levy in response to a school bond.

 

Discussion ensues relative to an upcoming joint work session to be scheduled between the School Committee, School Building Committee, and the Town Council.

 

Kerry Burns, Broad Hill Residential Compound Homeowners Association is present and comments on the inequity of Town maintenance of private roads and thanks the Town Council for discontinuing Town maintenance of those roads.

 

8.         NEW BUSINESS

 

A.        Theresa Murphy, Director of Leisure Services is present and reviews the improvements needed at Saugatucket Park. Ms. Murphy explains that there are no ARPA funds being used for this project and the RI Department of Environmental Management (RIDEM) awarded the Town with a Recreation Development Grant in the amount of $80,000 which will assist with the project cost.

 

Discussion ensues relative grant writing opportunities and issues with invasive plant species.

 

UNANIMOUSLY VOTED: to authorize an award of contract to Skurka Construction, 301 East Greenwich Avenue, West Warwick, RI 02893 for asphalt pathway replacement, fence removal and invasive plant removal at Saugatucket Park, in accordance with all bid specifications, in an amount not to exceed $178,900, including a contingency of $8,500; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated September 18, 2023 and entitled “Saugatucket Park Improvements Recommendation for Bid Award.”

 

UNANIMOUSLY VOTED: to add the issue of invasive plant species in a local waterway to the Agenda for discussion purposes.

 

Bill McCusker, Friends of the Saugatucket is present and comments on discussions regarding the hydrilla invasion at Indian Lake and the meeting taking place between Indian Lake Shores Fire District and RIDEM. The hydrilla can be a very aggressive plant that could spread over the fish ladder and into the Saugatucket River.

 

B.        The Director of Leisure Services reviews a request to increase the amount of the contract for stage and production services for 300^th anniversary events by an additional $1,944 due to additional entertainment. The funding is covered by the 300^th Anniversary Fund and sponsorship dollars.

 

UNANIMOUSLY VOTED: to authorize an amendment of a contract awarded February 27, 2023 to Image Productions, 545A Hartford Turnpike, Shrewsbury, MA 01545 for production equipment and sound technicians for the 300th Anniversary Trifecta event from an amount not to exceed $9,451 to an amount not to exceed $11,395; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated September 19, 2023 and entitled “Recommendation for Contract Amendment – Stage & Production Services for 300th Anniversary – Arts & Culture Festival and Trifecta.”

 

C.        Lucas Murray, Deputy Town Manager is present and reviews CGI Digital’s Community Showcase Video Program (CSVP) that provides public marketing videos. The purpose would be to showcase the community.

 

Discussion ensues relative to concerns about the program and the potential for the RI Chamber of Commerce to handle this.

 

UNANIMOUSLY VOTED: to reject the authorization to execute an agreement between CGI Communications, Inc. d/b/a CGI Digital (“CGI”) and the Town of South Kingstown for participation in the Community Video Showcase Program; as further described in a memorandum from the Deputy Town Manager to the Town Manager dated September 9, 2023 and entitled “Authorization to Participate in CGI Digital’s Community Showcase Video Program.”

 

D.        James Gorman, Building Official is present and reviews proposed increases to certain Building Department fees, and it is

 

UNANIMOUSLY VOTED: to establish fees for the Building and Zoning Department, and amend the Town’s Schedule of Fees, as shown as follows; and as further described in a memorandum from the Building Official to the Town Manager dated September 18, 2023 and entitled “Amendment to South Kingstown Schedule of Fees – Building & Zoning.”

 

Amendments to the Town’s Schedule of Fees

 

Building Permit Fees

 

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Late Filing Fee

 

A fee of an additional one hundred dollars ($100)  two hundred fifty dollars ($250) or fifty percent (50%) of the required permit fee, whichever is greater, shall be assessed when work is performed without a permit or whenever the terms of any permit are exceeded.  If a second offense occurs within twelve (12) months of the first offense, a fee of five hundred dollars ($500) shall be assessed. This fee shall be paid prior to any issuance of any permits or any inspections by the Building Official's office.

 

Fee Schedule of Zoning Applications

 

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B.         Any person filing an Appeal of a decision of the Zoning Board of Review or the Planning Board of Appeal in the Superior Court, State Housing Appeals Board or with any other jurisdiction where Appeals may be taken shall be responsible for payment of the cost of preparing the transcript of the Public Hearing on said decision.

           

Filing fee sign permit - $15.00 $75.00

 

            Temporary sign permit - $15.00 $30.00 plus $50.00 deposit to ensure removal at expiration of sign permit.

 

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D.        Zoning Certificates

 

            Any person requesting a zoning certificate shall pay a fee of $15.00  $60.00

 

E.         Demolition & Moving Permits – Filing fee of $50.00 for one & two-family dwellings.  $100.00 filing fee for all other structures.

 

E.         James Rabbit, Director of Planning is present and reviews his previous request to change the structure of the Route 1 Stewardship Development Plan Committee from 11 members to 6 members. Since that time two additional standing members have come forward stating their intent to continue to serve. It is now requested that the Town Council increase the membership from 6 members to 8 members.

 

UNANIMOUSLY VOTED: to increase the membership of the Route 1 Stewardship Plan Development Committee from six to no more than eight to alleviate issues with quorums, to include one Planning Board member representative, one Economic Development Committee member representative and six members at large; as further described in a memorandum from the Planning Director to the Town Manager dated September 6, 2023 and entitled “Route 1 Stewardship Development Plan Committee (RISPDC) Membership.”

 

The Director of Planning reviews New Business Items 8F, 8G, and 8H.

 

F.         UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing to consider 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 shown as follows; as further described in a memorandum from the Planning Director to the Town Manager dated September 18, 2023 and entitled “Medical Marijuana Revisions – Planning Board recommendation to Town Council Text and Map Amendments – Zoning Ordinance.”

 

 

PROPOSED 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) 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.

 

 

 

* * *

 

PROPOSED AMENDMENTS TO THE ZONING MAP

 

 

 

G.        UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing to consider 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-I) Zoning District associated with the development of a new Emergency Medical Service facility and land conservation activities, as shown as follows; 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.”

 

PROPOSED 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) 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.

 

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ARTICLE 3. USE REGULATIONS

 

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Section 301. Schedule of Use Regulations Table.

 

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ARTICLE 4. DIMENSIONAL REGULATIONS

 

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Section 401. Schedule of dimensional regulations.

 

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GI-I (Governmental Institutional – I)

 

 

PROPOSED AMENDMENTS TO THE ZONING MAP

 

 

 

H.        UNANIMOUSLY VOTED: to authorize an award of contract to Dowdell Engineering, 3949 Old Post Road, Suite 200, P.O. Box 1684, Charlestown, RI 02813 for planning / transportation services in an amount not to exceed $12,045 including a 10% contingency; as described in a memorandum from the Planning Director to the Town Manager dated September 19, 2023 and entitled “EMS – Civil Engineering Services Recommendation.”

 

I.          Matthew Moynihan, Chief of Police is present and explains that PowerDMS software is used by the Police Department for accreditation and training courses, and the request to acquire an additional module called PowerFTO.

 

UNANIMOUSLY VOTED: to authorize the renewal of a contract with PowerDMS, Inc., 2120 Park Place, Suite 100, El Segundo, CA 90245 for PowerDMS software, along with acquisition of the new PowerFTO module, in an amount not to exceed $11,317 for the period October 1, 2023 to September 30, 2024, with the option to renew annually if it remains in the department’s best interest to do so, and provided the annual subscription fee does not increase more than 10% over the prior year; and as further described in a memorandum from the Chief of Police to the Town Manager dated September 18, 2023 and entitled “Award Recommendation – PowerDMS Renewal with PowerFTO Module.”

 

J.         The Town Manager reviews the request to increase the annual stipend of the probate judge, and the disparity of compensation between the municipal/ housing court judge and probate judge

 

UNANIMOUSLY VOTED: to authorize an annual stipend of $15,000 to the Town’s Probate Judge for services rendered in accordance with Section 4630 of South Kingstown’s Town Charter; as further described in a memorandum from the Deputy Town Manager to the Town Manager dated September 20, 2023 and entitled “Review and Consideration for an Adjustment to Probate Judge Compensation.”

 

 

9.         TOWN MANAGER’S REPORT

 

A.        The Town Manager provides an update on the School Building Committee (SBC) and the School Facilities Project. The SBC is set to meet this Thursday and the Town is pausing RI Department of Education (RIDE) Stage II plan relating to the School Facilities Project. The Town will also be holding a joint work session with the Town Council, School Committee, and SBC on October 24^th at 6 PM.

 

B.        The Director of Planning provides an update on the consultant selection for the Neighborhood Vision Plan and Zoning Ordinance Revisions for the Old Tower Hill Road and Main Street areas. The Town has selected a consultant and will move forward with negotiating scope of services and fees.

 

C.        Brian Silvia, Finance Director is present and announces the Finance Department’s receipt of the Distinguished Budget Presentation Award by the Government Finance Officers Association (GFOA).

 

10.       COMMUNICATIONS

 

B.        The Deputy Town Manager provides a status update on the sale of the old South Road School property. The Town is working on getting an appraisal completed and will bring this information back to the Town Council with options on what can be done with the property. The Town also needs to have a limited hazardous building material assessment completed which will include a demolition estimate.

 

Discussion ensues relative to the determined site area to be appraised, different options the Town could pursue, the size of the property, and when staff can present everything to the Town Council.

 

UNANIMOUSLY VOTED: that an email dated September 12, 2023 from Alex Petrucci requesting an update on the status of vacant school buildings is received and placed on file.

 

11.       APPOINTMENTS

 

A. UNANIMOUSLY VOTED: to reappoint Mary Talbot-Rabuano to the Conservation Commission for a term to expire in September 2026.

 

UNANIMOUSLY VOTED: to appoint Margaret Clune to the Conservation Commission to fill a term to expire in September 2024.

 

UNANIMOUSLY VOTED: to appoint Robert Warren to the Library Board of Trustees to fill a term to expire in July 2026.

 

UNANIMOUSLY VOTED: to adjourn at 9:16 PM.

 

 

Susan M. Flynn, CMC

Town Clerk