TOWN COUNCIL AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

MONDAY, APRIL 8, 2024

 

WORK SESSION– 6:30 PM

REGULAR SESSION – 7:30 PM

 

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

 

TOWN COUNCIL

Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Charles Gregory Sweet

 

James M. Manni, Town Manager

Michael A. Ursillo, Esquire, Town Solicitor

Susan M. Flynn, CMC, Town Clerk

 

 

 

Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station.

 

NOTE:  Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.

 

DATE POSTED 4/4/2024

 

1.            A.        WORK SESSION – 6:30 PM

Work Session with Conservation Commission

All items listed on the Town Council agenda are subject to discussion.

 

B.        INTERVIEWS – 7:00 PM 

1.   Anne Kaiper Wilson for appointment to the Planning Board

2.   Michael Christy for appointment to the Planning Board or Zoning Board

3.   Gail Meisner for appointment to the Sustainability Committee

4.   Alyce Kleczek for reappointment to the Assessment Board of Review

See Attachment A for Boards and Commissions Appointments Report.

 

2.            REGULAR SESSION – 7:30 PM

Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.

 

            A.        PLEDGE OF ALLEGIANCE TO THE FLAG

            B.        LAND ACKNOWLEDGEMENT STATEMENT

 

3.            ROLL CALL

 

4.            APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

            A.        Work Sessions – March 12, March 13, and March 25, 2024

             

            B.        Regular Sessions – March 13, March 18, and March 25, 2024

 

5.            CONSENT AGENDA

 

(CA)    A.        A resolution granting Holiday Sales Licenses to the following; Renewals:

 

CDM Fitness Holdings LLC d/b/a/ Planet Fitness, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Lane Milliken, Director of Operations. License No. 83123.

 

TS Grove PT Marinas RP LLC d/b/a Ram Point Marina, 2 William Schmid Drive, Wakefield, RI 02879. Application by Rebecca Schmid, General Manager. License No. 78371.

 

(CA)    B.        A resolution granting Victualling and Holiday Sales Licenses to South County Bread Company LLC d/b/a South County Bread Company, 333 Main Street, Wakefield, RI 02879. Application by Jeffery Collins, Owner. Renewal; License No.69909.

 

Rule 13:  All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion.  There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

 

 

6.            LICENSES

 

A.        A resolution granting a Class F 19-Hour Beverage License to South Kingstown Chamber of Commerce Inc. d/b/a Southern RI Chamber of Commerce, 230 Old Tower Hill Road, Wakefield, RI 02879 for the Taste of Southern RI event to be held on September 19, 2024 from 5:00 PM to 9:00 PM at Clark Farms, 2984 Commodore Perry Highway, Wakefield, RI 02879. Application by Joe Viele, Executive Director; License No. 83433.

 

            B.        A resolution granting a Miscellaneous Permit to conduct the Ragnar Road New England Road race on Saturday, May 18, 2024 from 8:00 AM to 4:00 PM to Ragnar Events, LLC, 5570 W 1730 S Suite 1000, Salt Lake City, UT 84104 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, and approval by the RI Department of Transportation. Application by Tamara B. Herchel.  New; License No. 82878.  

 

7.            PUBLIC HEARINGS

 

A.        A Public Hearing continued from December 11, 2023, January 22 and March 25, 2024 to consider revised proposed amendments to the Town Code, Chapter 9 Licenses and Miscellaneous Business Regulations, that would add a new Article IX. Short-Term Residential Rentals, as shown on Exhibit 1 attached hereto.

 

B.        A Public Hearing relative to proposed amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows:

 

Chapter 10 Motor Vehicles and Traffic

Article I. In General

 

* * *

Sec. 10-12. Boulevard and street stop signs designated.

 

Add:

Woodruff Avenue at Silver Lake Avenue: Vehicles traveling both northbound and southbound must stop at the Silver Lake Avenue intersection.

 

8.            NEW BUSINESS

 

A.           A resolution authorizing an amendment of contract originally authorized on September 25, 2023 to Skurka Construction, 301 East Greenwich Avenue, West Warwick, RI 02893 for additional work to remove and replace the basketball court at Saugatucket Park, in accordance with all specifications, from $178,900 to $214,458, including a contingency of $11,800; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated March 27, 2024, and entitled “Saugatucket Park Improvements – Status of Project – DEM Grant.”

 

B.           A resolution authorizing an award of contract to Utility Service Co., Inc., 535 Gen. Courtney Hodges Boulevard, PO Box 1350, Perry, GA 31069 for cleaning, disinfection, and inspection services in an amount not to exceed $13,200 including a $3,000 contingency for the Victoria and Mautucket water tanks; and as further described in a memorandum from the Public Services Director to the Town Manager dated March 28, 2024 and entitled “2023 Water Tank Cleaning and Inspection Services.”

 

C.           A resolution authorizing the Town Manager to execute a Second Amendment Lease Agreement and Relocation Agreement with T-Mobile for the Town’s Victoria Lane water tank, as approved by the Town Solicitor; and as further described in a memorandum from the Public Services Director to the Town Manager dated March 28, 2024 and entitled “T-Mobile Victoria Water Tank Cellular Antenna Lease – Second Amendment.”

 

D.           A resolution authorizing an award of contract to Electrical Installations, Inc., 397 Whittier Highway, Moultonboro, NH 03254 for SCADA upgrades and all associated programming, labor and testing, in an amount not to exceed $49,700 including a $2,000 contingency; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated March 29, 2024 and entitled “2024 Regional Wastewater Treatment Facility (WWTF) SCADA Upgrade.”

 

E.            A resolution authorizing the Chief of Police to execute a Memorandum of Agreement with The Providence Center, 528 North Main Street, Providence, RI  02904 for the Crisis Intervention Team Program from July 1, 2023 to September 30, 2023, with payment not to exceed $6,000 for consideration of work and services covered by the Agreement; and to authorize the Chief of Police to execute a Memorandum of Agreement with The Providence Center for the grant performance period October 1, 2023 to September 30, 2026, with payments to The Providence Center during said grant coverage period not to exceed the terms of the grant award; and as further described in a memorandum from the Chief of Police to the Town Manager dated April 2, 2024 and entitled “Renewal of Memorandum of Agreement – The Providence Center – Crisis Intervention Team Program.”

 

F.            Discussion regarding information requested from the School Building Committee, continued from March 11, 2024, as requested by Council Member Sweet.

 

G.           Discussion regarding the potential fiscal impact of the School Bond Referendum, as requested by Council Member Bergner.

 

H.           A resolution adopting a fee of thirty-five dollars ($35) for court costs for the Municipal Court, effective immediately, and amending the Town’s Schedule of Fees; as further described in a memorandum from the Deputy Town Clerk to the Town Manager dated April 3, 2024 and entitled “Amendment to South Kingstown Schedule of Fees – Municipal Court Cost.”

 

 

9.            TOWN MANAGER’S REPORT

 

A.        Update on School Building Committee, School Facilities Project and School Bond Referendum.

 

B.        Update on Dover, Kohl & Partners study regarding the Old Tower Hill Road Neighborhood Plan.

 

10.          PUBLIC COMMENTS

 

Rule 10A.  for the conduct of the meetings of the South Kingstown Town Council:  Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President.  The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.

 

11.          COMMUNICATIONS

 

            A.        Resolutions adopted March 18, 2024 by the Hopkinton Town Council in opposition to pending legislation in the General Assembly, as follows, are received, placed on file, and the Town Council further directs _________________________.

:

·         House Bill 2024 H7683 and Senate Bill 2024 S2372 that would require municipalities to charge additional real estate conveyance tax regarding the purchase of residential properties.

·         House Bill 2024 H7681 that any residential property designated as affordable housing and renovated would remain at the most recent assess tax valuation for a period of ten (10) years following the completion of the renovation.

·         House Bill 2024 H7651 that would amend the eligibility requirements for the low-income housing 8% alternative tax rate.

·         House Bill 2024 H7378 that would enable municipalities to offer a homestead exemption of up to twenty percent (20%) of assessed value on residential properties.

·         Senate Bill 2024 S2018 that would allow municipalities to adopt a tax classification plan where non-owner occupied residential properties used for short-term rentals for tourist or transient use are assessed as Class 2 properties.

·         House Bill 2024 H7981 that would amend provisions relative to permitted uses within residential, industrial and commercial zoning use districts.

·         House Bill 2024 H7980 that would make several amendments relative to manufactured homes.

 

B.        A resolution adopted March 19, 2024 by the North Smithfield School Committee requesting that the General Assembly to pass Healthy School Meals for All legislation and include funding in the state budget to provide free breakfast and lunch to all students is received, placed on file, and the Town Council further directs _________________________.

 

C.        A letter dated March 21, 2024 from Mark Kravatz tendering his resignation from the Sustainability Committee, effective immediately is received, placed on file, and the Town Council further directs _________________________.

 

D.        A resolution adopted March 27, 2024 by the Burrillville Town Council in opposition to House Bill 2024 H7763 and Senate Bill 2024 S2679 that would make amendments to the Access to Public Records Act relating to online database centralization is received, placed on file, and the Town Council further directs _________________________.

 

E.         An email dated March 13, 2024 from Cheyenne T.L. Cazeault, Director of Municipal Affairs, Office of the Governor requesting adoption of a resolution in support of Litter-Free Rhode Island is received, placed on file, and the Town Council further directs ____________________.

 

F.         An email dated April 2, 2024 from Denise Panichas, Executive Director, The Samaritans of Rhode Island requesting adoption of a resolution in support of the installation of suicide prevention barriers on the bridges over Narragansett Bay is received, placed on file, and the Town Council further directs _______________.

 

 

Rule 18:  Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested.  Correspondence relating to personnel issues or personal matters shall not be placed on the agenda.  The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear.  The Town reserves the right to make correspondence public by posting it on the Town Council agenda or otherwise.

 

12.          APPOINTMENTS

 

A.           A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)

 

B.           A resolution appointing Town Council Member _____________________ to the SBC Construction Manager Selection Team to review proposals for a Construction Manager At Risk for the School Facilities Project. 

 

 

Rule 11:  No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.

 

Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee from adding additional items to the agenda by majority vote of the members.  Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

 

Exhibit 1

 

Proposed Amendments to the Town Code

 

Chapter 9

Licenses and Miscellaneous Business Regulations

 

 

ADD:

Article IX. Short-Term Residential Rentals

 

Sec. 9-200. Applicability.

The provisions of this article shall apply to all short-term rentals within the town.

 

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.

 

Registrar means the zoning enforcement officer of the town.

 

Short-term rental means the use and enjoyment of a dwelling unit, or any portion thereof, by guests for a period of less than 30 consecutive days, in exchange for money, commodities, services, or other performances. Hotels, motels, tourist homes, and bed-and-breakfasts are not considered to be short-term rentals.

 

Sec. 9-202. Registration.

(a)  Required. No short-term rental 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 short-term rental with the building official.

 

(b)  Form. The short-term rental registration form shall indicate the tax assessor's plat and lot number address of the short-term rental, the number of short-term rental dwelling units and bedrooms therein, the name and permanent mailing address of the record owner, and the maximum number of tenants at one time, and period of occupancy (summer, September to June, or other). All short-term rental registration applications shall be signed and properly notarized by the record owner.

 

(c)  Filing date; term. On or before December 31 of each year, the record owner of the short-term rental shall file the completed short-term rental registration form with the registrar, 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 short-term rental, 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 registrar. The record owner or any person in control or possession of said short-term rental 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 short-term rental 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 fine not exceeding $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 short-term rental dwellings, there shall be a registration fee of $100.00 for each short-term rental covered under the provisions of this article. Any owner who is required to file the short-term rental 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 $300.00.

 

Secs. 9-206 – 9-210.  Reserved.

 

This Ordinance shall take effect upon passage.

 

 

 

Attachment A

 

 

Boards and Commissions Appointments Report

 

 

The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.

 

Affordable Housing Collaborative Committee (7 members; 3 year term)

Vacancy: one term to expire August 2025 (George Helwig resigned)

Applicant: Darryl Geissler (applied 8/29/2023; interviewed 10/23/2023).

 

Assessment Board of Review (3 members, 1 alternate; 3 year term)

Reappointments for terms expired January 2024: Alyce Kleczek (to be interviewed 4/8/2024) and David Baud wish to be reappointed. It is reported that Ms. Kleczek has attended 6 of 9 meetings and Mr. Baud has attended 10 of 15 meetings held during their current term.

 

Building Code/Minimum Housing Code Boards of Appeals (5 members; 5 year term)

Reappointment for a term to expire June 2024: Paul Schurman does not wish to be reappointed.

 

Bicycle – Pedestrian Advisory Committee (Minimum 5, maximum 9 members; 2 year term)

Vacancies: 3 terms expired July 2023 (David Hamel and James Vogel did not wish to be reappointed; one open position).

 

Conservation Commission (7 members; 3 year term)

Vacancy: one term expires September 2026 (Lorraine Joubert did not wish to be reappointed).

Applicants: Carol Craig (applied 3/4/2024).

 

Economic Development Committee (11 members, 3 year term)

Reappointments for terms to expire March 2024: Josh Gilman wishes to be reappointed. Dan Kimber and John McGinn do not wish to be reappointed. Awaiting a response from Larry Fish. It is reported that Mr. Gilman has attended 3 of 5 meetings and Mr. Fish has attended 26 of 29 meetings held during their current term.

Applicant: Randy David Apuzzo (applied 4/3/2024)

 

Historic District Commission (7 members; 3 year term)

Reappointment for a term expired December 2023: William Murray Gates wishes to be reappointed. It is reported that Mr. Gates has attended 27 of 29 meetings held during the current term (attendance as of 9/15/2023).

Vacancy: term to expire December 2026 (Andrew Martinez resigned)

 

Housing Authority (5 members; 5 year term)

Applicants: Lucienne Andrew (applied 10/23/2023; did not attend interview 2/12/2024); Gregory Jones (applied 10/27/2023; interviewed 2/12/2024); Peter Swain (applied 1/12/2024; interviewed 2/12/2024)

 

Library Board of Trustees (7 members; 3 year term)

Applicant: Lisa Wholey (applied 2/23/2024)

 

Planning Board (7 members; 3 year term)

Reappointment for a term to expire May 2024: Robyn Pothier wishes to be reappointed. It is reported that Ms. Pothier has attended 62 of 73 meetings held during the current term.

Vacancy: term expires May 2024 (Paul Jordan resigned)

Applicants: William Green (applied 2/12/2024; interviewed 3/11/2024); Anne Kaiper Wilson (applied 3/6/2024; to be interviewed 4/8/2024); Brian A. Dupont (applied 3/8/2024; interviewed 3/25/2024); William E. MacDonald (applied 3/8/2024; interviewed 3/25/2024); Michael Christy (applied 3/14/2024; to be interviewed 4/8/2024)

 

Recreation Commission (5 members; 3 year term)

Reappointments for terms to expire March 2024: William Litvin and Joanne Blessing wish to be reappointed. It is reported that Mr. Litvin has attended 33 of 35 meetings and Ms. Blessing has attended 31 of 35 meetings held during their current term.

Applicant: Robert Warren (applied 9/18/2023; interviewed 9/25/2023 and appointed to Library Board of Trustees)

 

Route 1 Stewardship Plan Development Committee (8 members)

Vacancies: Economic Development Committee Ex-Officio Member and public member (Larry Fish does not wish to continue serving; Leslie Chouinard resigned)

 

Route 138 Reconstruction Project Area Committee (11 members; 2 year term)

Reappointments for terms expired in May 2023: Susan Spranger Axelrod, Dorald Beasley, Gail Faris, Thomas Marcello and William Rosen wish to be reappointed. Awaiting a response from Diane Johnson.

Vacancies: terms expired in May 2023 (Peter Maynard did not wish to be reappointed; James Garfield, Ex-Officio member of Historic District Commission resigned; and URI representative)

 

Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)

Vacancy: Vietnam Veteran, term expires January 2025 (Mark Spangler deceased)

 

Statistical Modeling and Analytics Research Tools (SMART) Committee (9 members)

Two vacancies: (Lauren Weinstock and Jonathan E. Daly-LaBelle resigned)

 

Sustainability Committee (7 members)

Two vacancies (James Normann and Tony Silbert resigned)

Applicants: Gail Meisner (applied 1/9/2024; to be interviewed 4/8/2024); Christine Muller (applied 1/25/2024)

 

Trustees of the South Kingstown School Funds (5 members; 5 year term)

Reappointment for a term to expire June 2024: awaiting response from Terrence Simpson.

Vacancy: one term expires June 2025 (James Lathrop resigned)

Applicant: Benedict Ingegneri (applied 1/30/2024; interviewed 3/11/2024)

 

Waterfront Advisory Commission (7 members; 3 year term)

Reappointments for terms to expire June 2024: Barry Gross and Nathaniel Merrill wish to be reappointed. It is reported that Mr. Gross has attended 19 of 21 meetings and Mr. Merrill has attended 17 of 20 meetings held during their current term.

 

Zoning Board of Review (5 members, 3 alternates; 3 year term)

Reappointment for a term to expire March 2024. William Rosen wishes to be reappointed. It is reported that Mr. Rosen has attended 76 of 77 meetings held during the current term.

Vacancies: Alternate #2 term expires 3/2025; Alternate #3 for a term to expire March 2024.

Applicants: Brian A. Dupont (applied 3/8/2024; interviewed 3/25/2024); William E. MacDonald (applied 3/8/2024; interviewed 3/25/2024); Robert Fetzer (applied 3/11/2024; to be interviewed 4/22/2024 [not available until after 4/14]); Michael Christy (applied 3/14/2024; to be interviewed 4/8/2024)