TOWN COUNCIL AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

MONDAY, MARCH 25, 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 3/21/2024

 

1.            A.        INTERVIEWS – 6:30 PM

1.    Michael Christy for appointment to the Planning Board or Zoning Board of Review

2.    Brian Dupont for appointment to the Planning Board or Zoning Board of Review

3.    William MacDonald for appointment to the Planning Board or Zoning Board of Review

See Attachment A for Boards and Commissions Appointments Report.

 

B.        WORK SESSION – 6:45 PM

Work Session with the Planning Board, including Dover, Kohl & Partners overview of plans for the redevelopment of the Town’s existing Commercial Downtown and Highway Commercial District, also known as the Old Tower Hill Road Neighborhood Plan.

 

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

 

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 Session – March 11, 2024

             

B.        Regular Session – March 11, 2024

 

C.        Closed Executive Session – March 11, 2024

 

5.            CONSENT AGENDA

 

(CA)    A.        A resolution granting Holiday Sales Licenses and Farm Retail Sales Licenses to Highland Farm, Inc. d/b/a Highland Farm, 4235 Tower Hill Road, Wakefield, RI 02879. Application by Martha Bradley, President. Renewal; License No 60890.

 

(CA)    B.        A resolution that a personal injury petition filed by Robert J. Levine, Esquire on behalf of his client, Donald Hope relative to an incident that occurred on or about February 29, 2024 at 480 High Street, Wakefield is referred to the Town Solicitor and the Town’s insurance carrier.

 

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 Miscellaneous Permit to conduct the Jeep Flag Run road race on Saturday, June 1, 2024 from 10:00 AM to 2:00 PM to The Never Dunne Foundation, 17 Fairport Avenue, Narragansett, RI 02882 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 Reagan Dunne. License No. 83406.

           

7.            PRESENTATION

 

A.           Good Energy, L.P. update regarding the Community Electricity Aggregation Program.

 

8.            PUBLIC HEARING

 

A.        A Public Hearing, continued from December 11, 2023 and January 22, 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.

 

9.            NEW BUSINESS

 

A.           A resolution authorizing a supplemental award of contract to Axon Enterprises, Inc., 17800 N 85^th Street, Scottsdale, AZ 85255 for additional dock equipment and licensing costs through the year 2031, in accordance with pricing per NASPO contract #OK-MA-145-015 and as the approved vendor for the State of Rhode Island, in an amount not to exceed $53,115; as described in a memorandum from the Chief of Police to the Town Manager dated March 8, 2024 and entitled “Supplemental Award Recommendation – Body Worn Cameras.”

 

B.           Discussion, continued from March 11, 2024, and potential action on American Rescue Plan Act (ARPA) funding for the Main Street Revitalization Program, as requested by Councilwoman Bergner.

 

10.          TOWN MANAGER’S REPORT

 

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

 

11.          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.

 

12.          COMMUNICATIONS

 

A.           An email dated March 6, 2024 from Brian Hopkins, RI District Office, US Small Business Administration requesting a proclamation recognizing April 28^th through May 4^th as National Small Business Week is received, placed on file, and the Town Council further directs ________________________.

 

B.           A resolution adopted February 26, 2024 by the Charlestown Town Council in support of an amendment to RIGL §45-24-38 Substandard Lots of Record to address recent changes to the Zoning Enabling Act adopted by the General Assembly is received, placed on file, and the Town Council further directs _________________________. >

 

C.           Resolutions adopted February 26, 2024 by the Charlestown Town Council, and March 18, 2024 by the Hopkinton Town Council in opposition to any revival of the Old Saybrook to Kenyon Bypass by the Federal Railroad Administration as part of an upgrade to the Northeast Corridor is received, placed on file, and the Town Council further directs ______________________. >

 

D.           A resolution adopted March 11, 2024 by the Tiverton Town Council in support of fully funding State Aid to Libraries to the full 25% level 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.

 

13.          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)

 

 

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 and David Baud wish to be reappointed. It is reported that Ms. Kleczek has attended 6 of 15 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.

 

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.

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; to be interviewed 3/25/2024); William E. MacDonald (applied 3/8/2024; to be interviewed 3/25/2024); Michael Christy (applied 3/14/2024; to be interviewed 3/25/2024)

 

Recreation Commission (5 members; 3 year term)

Reappointments for terms to expire March 2024: Joanne Blessing and William Litvin wish to be reappointed. It is reported that Ms. Blessing has attended 31 of 35 meetings and Mr. Litvin has attended 33 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); 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 for a term to expire in March 2025 (Geoff Elia promoted to Alternate #1); Alternate #3 for a term to expire March 2027.

Applicants: Brian A. Dupont (applied 3/8/2024; to be interviewed 3/25/2024); William E. MacDonald (applied 3/8/2024; to be interviewed 3/25/2024); Robert Fetzer (applied 3/11/2024; to be interviewed 4/22/2024); Michael Christy (applied 3/14/2024; to be interviewed 3/25/2024)