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WORK SESSION
JANUARY 23, 2012
PRESENT: Ella M. Whaley, President
Carol Hagan McEntee, Vice President
Mary S. Eddy
Kathleen A. Fogarty
James W. O’Neill
1. A. WORK SESSION
Discussion ensues relative to meeting dates. The Town Council will meet tomorrow evening, January 24th with the Planning Board for a presentation in regard to the transfer of development rights, and immediately afterward to discuss goals; and on Wednesday, February 29, 2012 with the Economic Development Committee.
Discussion ensues relative to CRMC having public comment on the reclassification of Matunuck through February 17, 2012.
Discussion ensues relative to the Public Hearing on this evening’s agenda in regard to the proposed FY 2012-2013 to FY 2017-2018 Capital Improvement Program.
Discussion ensues relative to Communication Item 8A dated November 9, 2011 from Clay Johnson, Chair, Southern Rhode Island Chamber of Commerce requesting a property tax exemption for their office property on Old Tower Hill Road. It is recommended that, should the Town Council wish to provide the Chamber with a tax exemption, that it be done with a PILOT agreement and that the Town Manager be authorized to prepare it.
Discussion ensues relative to Communication Item 8B dated January 5, 2012 from Peter Nightingale proposing adoption of a resolution requesting the General Assembly to increase funding for the RI Public Transit Authority (RIPTA) system.
Discussion ensues relative to Communication Item 8C dated January 9, 2012 from Lorraine Miller Horton expressing opposition to allowing the use of LED signs.
Discussion ensues relative to Communication Item 8D received January 13, 2012 from Chief Robert Perry of the Union Fire District of South Kingstown inviting the Town Council to the District’s Annual Awards Recognition Celebration on Thursday, February 9, 2012 at the Elks Club.
Discussion ensues relative to Communication Item 8E received January 17, 2012 from the Glocester Town Council requesting support of a resolution requesting amendment of RIGL §16-7-23 as it relates to maintenance of effort with respect to regional school districts, debt service and non-recurring debt service.
Discussion ensues relative to Communication Item 8F received January 18, 2012 from the Exeter Town Council requesting support of a resolution entitled: In the Aftermath of Tropical Storm Irene requesting the State of Rhode Island to require National Grid to immediately implement the proper preventative maintenance measures for more regular tree trimming.
Discussion ensues relative to Communication Item 8G received January 18, 2012 from Councilman James O’Neill concerning Casino Gambling in the State of Rhode Island.
Discussion ensues relative to New Business Item 13B expressing the Town Council’s opposition to the RI Senate Redistricting proposal “E” as amended, as approved by the RI Reapportionment Commission.
Discussion ensues relative to New Business Item 13G from Councilman James W. O’Neill in opposition to the RI Senate Redistricting proposal “E” as amended, as approved by the RI Reapportionment Commission.
Discussion ensues relative to New Business Item 13A authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for expansion of a Class B Victualler Liquor License filed by 629 Succotash LLC d/b/a Matunuck Oyster Bar, 629 Succotash Road, Wakefield, RI by Perry Raso, Managing Member. Applicant requests permission to expand the area in which alcoholic beverages may be served to include a fenced-in outdoor seating area approximately 29’ x 35’ in accordance with a Special Use Permit granted by the Zoning Board of Review on November 16, 2011; and as further defined in an amended site plan dated January 5, 2012 on file in the Town Clerk’s office.
Discussion ensues relative to New Business Item 13C authorizing an additional $5,000 for Construction Administration costs for the Animal Shelter design project originally awarded on January 28, 2008 to Architectura, Inc., 1005 Main Street, Suite 2111, Pawtucket, RI 02860 in the amount of $75,000 to be paid in three phases ($7,500 for Schematic Design, $52,500 for Design Development and Construction Negotiation, and $15,000 for Construction Administration); supplemented by an award on December 8, 2008 for $8,000 in contingency funds for reimbursable costs, and supplemented by an award on January 10, 2011 for an additional $15,000 for Construction Administration costs.
Discussion ensues relative to New Business Item 13D authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to Chapter 10, Motor Vehicles and Traffic, Article II. Stopping, Standing and Parking, Section 10-53. Winter parking prohibited.
Discussion ensues relative to New Business Item 13E authorizing the Town Clerk to advertise by reference for Order of Notice a Public Hearing relative to proposed amendments to the Zoning Ordinance, Article 8. Signs, Section 803. Signs prohibited in all zoning districts concerning the use of changeable, animated electronic technologies.
Discussion ensues relative to New Business Item 13F authorizing Westerly Innovations Network, 24 Littlebrook Road Westerly, RI 02891 to install a receptacle and collect used cooking oil at the Rose Hill Regional Transfer Station.
Convened to Regular Session.
Dale S. Holberton, CMC
Town Clerk
REGULAR SESSION
JANUARY 23, 2012
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 January 2012 at 7:50 PM.
PRESENT: Ella M. Whaley, President
Carol Hagan McEntee, Vice President
Mary S. Eddy
Kathleen A. Fogarty
James W. O’Neill
1. B. REGULAR SESSION
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The Pledge of Allegiance to the flag is given.
3. ROLL CALL
Roll Call is taken and all members are present.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on January 9, 2012 are accepted, approved and placed on file.
B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on December 19, 2011 and January 9, 2012 are accepted, approved and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6E. UNANIMOUSLY VOTED: to grant a Victualling License to RITTIPA CORPORATION d/b/a LUK THAI, 249 Main Street, Wakefield, RI 02879. Application by Payao Schmidt, 50 Ella Avenue, Woonsocket, RI 02895; Renewal. License No. 13368.
(CA) 6F. UNANIMOUSLY VOTED: to grant a Holiday Sales Licenses to STEWART NURSERY CO. INC., 61 Tuckertown Road, Wakefield, RI 02879. Application by Kyle S. Stewart, 3714B Kingstown Road, West Kingston, RI 02892; Renewal. License No. 13370.
(CA) 6G. UNANIMOUSLY VOTED: to grant a Private Detective License to DAVID HOWARD GREENE, 337 Lee Road, Wakefield, RI 02879. Application by David Greene, 337 Lee Road, Wakefield, RI 02879; Renewal. License No. 13371.
(CA) 8C. UNANIMOUSLY VOTED: that a communication dated January 9, 2012 from Lorraine Miller Horton expressing opposition to allowing the use of LED signs is received, placed on file, and referred to a future Public Hearing. (1/12/2012 Interim, Item D.)
(CA) 8H. UNANIMOUSLY VOTED: that a communication dated January 14, 2012 from Marcel F. Beausoleil, Ph.D., President, MC Homeowners Association thanking Council President Whaley for attending their meeting regarding erosion issues on Matunuck Beach Road is received and placed on file. (1/19/2112 Miscellaneous, Item I).
(CA) 8I. UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with 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.”
(CA) 13A. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for expansion of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
Class B Victualler Liquor License
Application for expansion of a Class B Victualler Liquor License filed by 629 Succotash LLC d/b/a Matunuck Oyster Bar, 629 Succotash Road, Wakefield, RI by Perry Raso, Managing Member. Applicant requests permission to expand the area in which alcoholic beverages may be served to include a fenced-in outdoor seating area approximately 29’ x 35’ in accordance with a Special Use Permit granted by the Zoning Board of Review on November 16, 2011; and as further defined in an amended site plan dated January 5, 2012 on file in the Town Clerk’s office.
(CA) 13D. 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 10, Motor Vehicle and Traffic, Article II Stopping, Standing and Parking, Section 10-53 Winter parking prohibited.
(CA) 13H. UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with 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.”
6. LICENSES
A. UNANIMOUSLY VOTED: to grant a Victualling License to GEN-CARE INC. d/b/a SUBWAY, 1 Keaney Road, Kingston, RI 02881 subject to approval by the URI Office of Safety and Risk Management. Application by Paul Gencarelli, President, 36 Tom Harvey Road, Westerly, RI 02891; New. License No. 13364.
B. UNANIMOUSLY VOTED: to grant a Victualling License to I-SLICE, LLC d/b/a THE RHODE HOUSE, 99 Fortin Road, Kingston, RI 02881 subject to approval by the Fire Chief and Communications Superintendent. Application by Karen Boutros, 110 East Pasquiset Trail, Charlestown, RI 02813; New. License No. 13365.
C. UNANIMOUSLY VOTED: to grant a Miscellaneous Peddler License for Shellfish to SALT POND OYSTER COMPANY, 54 Perrywinkle Road, Wakefield, RI 02879. Application by David Roebuck, 104 Wayland Trail, Narragansett, RI 02882; New. License No. 13367.
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is held relative to the proposed FY 2012-2013 to FY 2017-2018 Capital Improvement Program.
The Town Manager gives a brief presentation, after which it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt the FY 2012-2013 to FY 2017-2018 Capital Improvement Program as presented, as follows:
| C. | Wastewater Fund | |
| |
| | | |
| |
| 1 | Silver Lake Pump Station Pump Replacement | $210,000 |
| |
| 2 | Kingston Pump Station Generator Replacement | 17,000 |
| |
| 3 | Clarifier Isolation Valve Replacement | 30,000 |
| |
| 4 | Interceptor Repair and Cleaning | 20,000 |
| |
| 5 | Rolling Stock Equipment Replacement | 25,000 |
| |
| 6 | Geographic Information System (GIS) Upgrade | 5,000 |
| |
|
|
| $307,000 |
| |
| | |
| ||
| D. | School Fund | |
| |
| | | |
| |
| 1 | Elementary Schools Computer Labs | $35,000 |
| |
| 2 | Administrative Computers | 15,000 |
| |
| 3 | Computer Equity/Replacement | 80,000 |
| |
| 4 | Network Hardware | 25,000 |
| |
| 5 | Track Resurfacing | 135,000 |
| |
| | | $290,000 |
| |
|
| | |
| |
| Grand Total | $1,867,000 |
| ||
| | | |
| |
| II. | Long-Term Capital Projects | |
| |
| | | |
| |
| | Listed below are the program costs that would be required to complete proposed major capital projects during the six-year period FY2012-2013 through FY2017-2018: | |||
| | | | ||
| | Six-Year Long Term Element | | ||
| | | | ||
| | Leisure Services Programs | $6,921,231 | ||
| | General Municipal Programs | 10,518,982 | ||
| | School Department Programs | 2,600,000 | ||
| | Total | $20,040,213 | ||
| | | | ||
| | | | ||
| III. | Fair Share Development Fees (Effective July 1, 2012) | |
| | | |
| | A. Educational Facilities | |
| | Single & Duplex Unit Fee | $3,244 |
| | Multi-Household Units w/ two bedrooms or less | $1,622 |
| | Accessory Apartments & Multi-Household Units w/ one bedroom | $811 |
| | | |
| | B. Recreational Facilities | |
| | Single Household Fee | $2,867 |
| | Households with two bedrooms or less | $2,150 |
| | | |
| IV. | Calculation of In-lieu Fee (Effective July 1, 2012) | |
| | South Kingstown Average Sale Price of Single Family Home (2011) | $290,000 |
| | Less the Maximum Purchase Price for Affordable Unit | $207,000 |
| | In-lieu fee requirements (per residential housing unit) | $83,000 |
| | | |
8. COMMUNICATIONS
A. Discussion ensues relative to a communication dated November 9, 2011 from Clay Johnson, Chairman, Southern Rhode Island Chamber of Commerce requesting a property tax exemption for their office property on Old Tower Hill Road, which has been continued from November 28, 2011.
Clay Johnson and Joseph Iacoi, Executive Director of the Chamber of Commerce are in attendance and present the Chamber’s request and discuss its contribution to local businesses.
Richard Pike, board member is present and speaks in favor of the Chamber’s request.
Joseph Viele, member of the Economic Development Committee and former board member of the Chamber is present and speaks in favor of the Chamber’s request.
Maureen Martin is present and objects to the request.
Deb Bergner is present and speaks against the request.
Christine Hyde is present and speaks in opposition to the request.
Discussion ensues, and a roll call vote is taken as follows:
VOTED: that a communication dated November 9, 2011 from Clay Johnson, Chair, Southern Rhode Island Chamber of Commerce requesting a property tax exemption for their office property on Old Tower Hill Road is continued from November 28, 2011, and the Town Council voted to authorize staff to prepare a PILOT agreement at a $7,000 tax exemption cap and based on the current tax assessment, and to authorize the Town Manager to execute the agreement. (11/17/2011 Interim, Item I.)
Whaley – yes McEntee – yes Eddy – no Fogarty – no O’Neill – yes
B. UNANIMOUSLY VOTED: that a communication dated January 5, 2012 from Peter Nightingale proposing adoption of a resolution requesting the General Assembly to increase funding for the RI Public Transit Authority (RIPTA) system is received and placed on file. (1/12/2012 Interim, Item C.)
D. UNANIMOUSLY VOTED: that a communication received January 13, 2012 from Chief Robert Perry of the Union Fire District of South Kingstown inviting the Town Council to the District’s Annual Awards Recognition Celebration on Thursday, February 9, 2012 at 18:30 hours at the Elks Club, 60 Belmont Avenue, Wakefield, RI is received, placed on file, and the Town Council accepts the invitation. (1/19/2012 Miscellaneous Item D.)
E. UNANIMOUSLY VOTED: that a communication received January 17, 2012 from the Glocester Town Council requesting support of a resolution requesting amendment of RIGL §16-7-23 as it relates to maintenance of effort with respect to regional school districts, debt service and non-recurring debt service is received and placed on file. (1/19/2012 Miscellaneous, Item E.)
F. UNANIMOUSLY VOTED: that a communication received January 18, 2012 from the Exeter Town Council requesting support of a resolution entitled: In the Aftermath of Tropical Storm Irene requesting the State of Rhode Island to require National Grid to immediately implement the proper preventative maintenance measures, for more regular tree trimming is received and placed on file. (1/19/2012 Miscellaneous, Item G.)
G. UNANIMOUSLY VOTED: that a communication received January 18, 2012 from Councilman James O’Neill concerning Casino Gambling in the State of Rhode Island is received, placed on file, and the Town Council directs that a letter be sent to Newport and Providence to inquire as to their interest in resort-style casino gambling and include a copy of the Council’s revised resolution as an attachment. (1/19/2012 Miscellaneous, Item J )
A PROPOSED RESOLUTION REGARDING CASINO GAMBLING
WHEREAS, Massachusetts has approved legislation to allow 3 resort style casinos and one slot parlor; and
WHEREAS, Rhode Island’s third largest source of revenues are from Twin River, Newport Grand, the Lottery and slots parlor. The state expects nearly $350 million for FY2012-2013; and
WHEREAS, Rhode Island is extremely vulnerable to the Massachusetts threat, estimates range upward from a minimum $125 million loss in General Revenues; and
WHEREAS, citizens must reconcile with the facts: financially, the state cannot lose these revenue sources. It is understandable that many Rhode Islanders prefer a gambling-free environment. However, without this source of revenue Rhode Island will be forced to raise personal income taxes along with property taxes because less state aid and general revenues will be the outcome; and
WHEREAS, Rhode Island needs to be smart about the economics of gambling, specifically resort style casinos. There needs to be a positive multiplier effect for the greater Rhode Island economy; and
WHEREAS, Providence and Newport are great destination resort communities; they should be the location for these new resort style casinos if voters approve; and
WHEREAS, the citizens of Newport and Providence have a right to request a ballot referendum/initiative to approve or reject the introduction of full casino style gambling as soon as possible in 2012; and
WHEREAS, the cultural, arts and entertainment community can be protected with the “condition of licensing legislation”; that a resort casino will cooperate and coordinate in the entertainment area that will be complimentary and not competitive. The unused land from the relocation of Route 195, which includes waterfront, is the perfect location that will not interrupt the Providence building revival; and
WHEREAS, the multiplier effect will join with the renaissance of these cities and round out their needs for more conventions, conferences and hotel rooms to attract new business.
NOW THEREFORE BE IT RESOLVED: the South Kingstown Town Council must protect our taxpayers from any further increases in property taxes, personal income taxes, sales taxes and business taxes.
BE IT FURTHER RESOLVED: the South Kingstown Town Council along with the other City and Town Councils throughout Rhode Island must move quickly and jointly with Providence and Newport, depending on voter approval, to facilitate and capture as much of this important revenue source as possible. Attracting and substantially increasing the influx of tourists and conventioneers to Rhode Island creates jobs. We must remember that tourism remains a major growth industry in Rhode Island; significant investment, commercial benefits and increased state revenues will be the result.
9. COMMENTS FROM INTERESTED CITIZENS
Council President Whaley congratulates Police Chief Vincent Vespia, Jr. for his induction into the Criminal Justice Hall of Fame at an inaugural ceremony held on January 12, 2012.
Chief Vespia thanks the Town Council and Town Manager for attending the event and for their continued support of the Police Department and of him personally.
Council President Whaley notes that the Council has scheduled a work session with the Economic Development Committee on February 29, 2012 and a work session on January 24, 2012 to discuss goals.
10. TOWN MANAGER’S REPORT
The Town Manager’s Interim Report dated January 12, 2012, and the Agenda and Miscellaneous Reports dated January 19, 2012 are accepted, approved and placed on file.
11. TOWN SOLICITOR’S REPORT
The Town Solicitor has no additional report this evening.
12. APPOINTMENTS – none
13. NEW BUSINESS
B. and G. A resolution expressing the Town Council’s opposition to the RI Senate Redistricting proposal “E” as amended, as approved by the RI Reapportionment Commission, and a proposed resolution from Councilman James W. O’Neill, as shown on Exhibit 2 of the Agenda, are considered.
Long discussion ensues, and it is
UNANIMOUSLY VOTED: to oppose the RI Senate Redistricting proposal “E” as amended, as approved by the RI Reapportionment Commission, as it pertains to southern Narragansett and South Kingstown, and to send a letter expressing the Town’s opposition to the Governor, the local legislative delegation and House and Senate leaders in the RI General Assembly, Election Data Services and the Town of Narragansett.
C. UNANIMOUSLY VOTED: to authorize an additional $5,000 for Construction Administration costs for the Animal Shelter design project originally awarded on January 28, 2008 to Architectura, Inc., 1005 Main Street, Suite 2111, Pawtucket, RI 02860 in the amount of $75,000 to be paid in three phases ($7,500 for Schematic Design, $52,500 for Design Development and Construction Negotiation, and $15,000 for Construction Administration); supplemented by an award on December 8, 2008 for $8,000 in contingency funds for reimbursable costs, and supplemented by an award on January 10, 2011 for an additional $15,000 for Construction Administration costs; and as further described in a memorandum from the Police Chief to the Town Manager dated January 11, 2012 and entitled: “Request for Supplemental Construction Administration Fees – Architectural Services for Construction of the New Animal Shelter Facility – Final Phase.” Ref. No. G-2012-445(A).
E. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing relative to proposed amendments to the Zoning Ordinance, Article 8. Signs, Section 803. Signs prohibited in all zoning districts concerning the use of changeable, animated electronic technologies.
F. UNANIMOUSLY VOTED: to authorize Westerly Innovations Network, 24 Littlebrook Road Westerly, RI 02891 to install a receptacle and collect used cooking oil at the Rose Hill Regional Transfer Station and as further described in a memorandum from the Public Services Director to the Town Manager dated January 5, 2012, and entitled “Rose Hill Regional Transfer Station (RHRTS) Used Cooking Oil Recycling Authorization”.
UNANIMOUSLY VOTED: to adjourn at 11:02 PM.
Dale S. Holberton, CMC
Town Clerk