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WORK SESSION

 

FEBRUARY 9, 2015

 

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 9th day of February 2015 at 6:20 PM.

 

            PRESENT:    Abel G. Collins, President

                                    Margaret M. Healy, Vice President

                                    Rachel Clough

                                    Carol Hagan McEntee

                                    Joe Viele

 

1.         A.        INTERVIEWS

 

The Town Council interviews Marie Theriault relative to her interest in serving on the Planning Board.

 

The Town Council interviews F. Steven DiMasi relative to his interest in serving on the Planning Board.

 

The Town Council interviews Nancy Burroughs relative to her interest in serving on the Planning Board.

 

1.         B.        WORK SESSION

 

Discussion ensues relative to Public Hearing 7A continued from January 26 and February 2, 2015, in regard to adoption of the proposed FY 2015-2016 to FY 2020-2021 Capital Improvement Program.

 

Discussion ensues relative to License Item 6A granting a Miscellaneous Permit to conduct the Ocean’s Run ½ Marathon and 5K Road Race on Sunday, March 8, 2015 at 8:00 AM to TRIMOM PRODUCTIONS, LLC, 380 Camp Fuller Road, 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 in the amounts specified by the Risk Manager, and approval by the Town’s Traffic and Transportation Review Committee. Application by Kathy Robbins, 380 Camp Fuller Road, Wakefield, RI 02879; Renewal.

 

Discussion ensues relative to Public Hearing 7B in regard to proposed amendments to the Zoning Ordinance, Article 5 Supplementary Regulations, Section 502.6 Inclusionary Zoning regarding Fee In-Lieu of Requirements.

 

Convened to Regular Session.

 

Dale S. Holberton, CMC

Town Clerk

 

 

 

 

REGULAR SESSION

 

FEBRUARY 9, 2015

 

 

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 9th day of February 2015 at 7:30 PM.

 

            PRESENT:    Abel G. Collins, President

                                    Margaret M. Healy, Vice President

                                    Rachel Clough

                                    Carol Hagan McEntee

                                    Joe Viele

 

 

1.         C.        REGULAR SESSION Video

 

2.         PLEDGE OF ALLEGIANCE TO THE FLAG Video

 

The Pledge of Allegiance to the flag is given.

 

3.         ROLL CALL Video

 

Roll Call is taken and all members are present.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS Video

 

A.        Work Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on January 7, January 8, January 12 and January 14, 2015 are accepted, approved and placed on file.

 

B.        Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on January 12, January 26 and February 2, 2015 are accepted, approved and placed on file.

 

5.         CONSENT AGENDA Video

 

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

 

(CA)    6B.      UNANIMOUSLY VOTED: to grant a Holiday Sales License to FOOD FOR THOUGHT, 577 Kingstown Road, Wakefield, RI 02879. Application by Kristina Wilk, 85 Birchwood Drive, North Kingstown, RI 02852; Renewal. License No. 14813. 

 

(CA)    8D.      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)    13B.    UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application by BWJW, LLC - Principal Officer Bradley Waugh and/or his assigns, 17 Edith Road, Narragansett, RI requesting proposed text amendments to the Zoning Ordinance of the Town of South Kingstown, Article 3, Section 301, Schedule of Use Regulations, Use Code 33 – Outdoor Recreation Facility, new note referencing Section 501, Supplementary Use Regulations; Article 5, Section 501, Supplementary Use Regulations, add new Section 501.11 “Indoor Gun Range and Outdoor Clay Shooting” including minimum siting requirements, signage and retail sales allowances; and  Appendix A. – Use Code Description, Use Code 33 – Outdoor Recreation Facility, add “Indoor Gun Range”.

 

(CA)    13C.    UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $401.23, as shown on Tax Abatement Request No. 511.

 

(CA)    13E.    UNANIMOUSLY VOTED: that Civil Action No. WC-2015-0049 filed in Washington County Superior Court by William R. Landry, Esquire on behalf of his client, Roland Fiore concerning property damage to 571 Main Street, Wakefield, RI be referred to the Town Solicitor and the Town’s insurance carrier.

 

(CA)    13F.    UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing for the purpose of obtaining citizen views relative to filing an application under the Community Development Block Grant Hurricane Sandy Disaster Recovery Program for the East Matunuck Water Main Relocation Project.

 

(CA)    13H.    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, Chapter 9 Licenses and Miscellaneous Business Regulations, that would establish a new section entitled Article VI. Indoor Shooting Ranges.

 

(CA)    13I.      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.        Kathy Robbins is present and testifies regarding her application for a permit to hold the Ocean’s Run ½ Marathon and 5K Road Race in Matunuck on March 8, 2015. Video

 

Comments regarding the road race are made by Robert Fox and Glenn Anderson.

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the Ocean’s Run ½ Marathon and 5K Road Race on Sunday, March 8, 2015 at 8:00 AM to TRIMOM PRODUCTIONS, LLC, 380 Camp Fuller Road, 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 in the amounts specified by the Risk Manager, and approval by the Town’s Traffic and Transportation Review Committee. Application by Kathy Robbins, 380 Camp Fuller Road, Wakefield, RI 02879; Renewal. License No. 14814.

 

7.         PUBLIC HEARINGS

 

A.        Notice having been duly given, a Public Hearing, continued from January 26 and February 2, 2015 due to snow storms, is held relative to adoption of the proposed FY 2015-2016 to FY 2020-2021 Capital Improvement Program. Video

 

The Town Manager presents the proposed CIP.

 

Melinda Soderberg asks if there will be opportunity for the public to comment on the community recreation facility during the planning process.

 

Council President Collins responds yes.

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to adopt the proposed FY 2015-2016 to FY 2020-2021 Capital Improvement Program as presented, as follows:

 

 

FY 2015-2016 – FY 2020-2021 Capital Improvement Program

 

The Town Manager has prepared the six-year Capital Improvement Program for the period FY

2015-2016 through FY 2020-2021 which includes the following proposed project expenditures:

 

 

 

 

 

I.      2015-2016 Capital Budget

 

 

 

 

 

 

 A.

General Fund

FY2015-2016

 

 

 

 

 

1

Park Rehabilitation/Improvements

$120,000

 

2

Recreation Equipment Acquisition/Replacement

        89,600

 

3

Road Improvement Program

       640,000

 

4

Public Works Equipment Acquisition/Replacement

       213,000

 

5

Police Computer System Equipment Upgrades

         20,000

 

6

Police Communications Equipment Upgrades

         10,000

 

7

Public Safety Building - General

         20,000

 

8

Communications Cable Replacement

           5,000

 

9

EMS Medical Diagnostics Equipment Upgrade

         40,000

 

10

EMS Vehicle Replacements

         90,000

 

11

Adult Day Services Facility Improvements

         15,000

 

12

Senior Center Facility Improvements

         15,000

 

13

Information Technology Program

         25,000

 

14

Town Hall Facility Improvements

         10,000

 

 

 

$1,312,600

 

 

 

 

 

B.

Water Fund  

 

 

 

 

 

 

1

SCADA/Telemetry Upgrades

$7,000

 

2

Capital Infrastructure Plan

20,000

 

3

Vulnerability Assessment Plan

25,000

 

4

Pump Station & Water Tank Infrastructure

10,000

 

5

Leak Detection Equipment

25,000

 

6

Rolling Stock Equipment Replacement

6,000

 

 

 

$93,000

 

 

 

 

 

C.

Wastewater Fund  

 

 

 

 

 

 

1

WWTF Telemetry and Control Upgrade

$30,000

 

2

WWTF Standby Generator Replacement

  100,000

 

3

Local Pump Station Improvements

95,000

 

4

Silver Lake Pump Station Pump Replacement

140,000

 

5

Primary Treatment Upgrade

100,000

 

6

Aeration Equipment Upgrade

50,000

 

7

Rolling Stock Equipment Replacement

30,000

 

 

 

$545,000

 

 

 

 

 

D.

School Fund      

 

 

 

 

 

 

1

Telecommunications Program

$25,000

 

2

Administrative Computers

15,000

 

3

Computer Equity/Replacement

135,000

 

4

Student Computer Initiative (1:1 Ratio)

300,000

 

5

Network Hardware

50,000

 

6

Vehicle Replacement Program

35,000

 

 

 

$560,000

 

 

 

 

 

        Grand Total

$2,510,600

 

 

 

 

 

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 FY 2015-2016 through FY 2020-2021:

 

 

 

 

 

 

Six-Year Long Term Element

 

 

 

 

 

 

 

Leisure Services Programs

$8,930,000

 

 

General Municipal Programs

7,936,325

 

 

School Department Programs

5,818,400

 

 

Total

$22,684,725

 

 

 

 

 

 

 

 

 

III.

Fair Share Development Fees (Effective July 1, 2015)

 

 

 

 

 

 

 

A.  Educational Facilities

 

 

 

Single & Duplex Unit Fee

$2,162

 

 

Multi-Household Units w/ two bedrooms or less

$1,081

 

 

Accessory Apartments & Multi-Household Units w/ one bedroom

$541

 

 

 

 

 

 

B.  Recreational Facilities

 

 

 

Single Household Fee

$3,140

 

 

Households with two bedrooms or less

$2,355

 

 

 

B.        Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Zoning Ordinance, Article 5 Supplementary Regulations, Section 502.6 Inclusionary Zoning regarding Fee In-Lieu of Requirements, as follows: Video

 

Article 5. Supplementary Regulations

 

*********************

Section 502.6. Inclusionary Zoning (See definition in  Article 12) Note: the provisions of this article are in addition to those contained in  Article 5, section 502.5, Flexible design residential projects.

 

*********************

G.        Inclusionary units, deed restriction requirements. All inclusionary units required under this section shall meet the definition of "low and moderate income housing" as defined in G.L. 1956, § 45-53-3; provided however that units and/or lots generated under these inclusionary provisions shall remain affordable for a minimum period of 99 years. Further provided that any for-sale lots or units shall be sold or conveyed to persons or households earning up to 80% of the area median income (AMI) for South Kingstown as defined by the US Department of Housing and Urban Development.

 

*********************

H.        Off-site exactions.

 

1.   Purpose. It is acknowledged that every subdivision proposal and project site may not be compatible with the goals of this Inclusionary Zoning ordinance. Therefore, the Planning Board, at its sole discretion, may exempt a major subdivision or major land development project from the requirement to provide affordable units on-site, and instead require an off-site exaction. The Planning Board will only allow off-site exactions when, in its determination, it would not be feasible to provide affordable units on-site, or when it determines that the off-site alternative would be more beneficial to the Town than the on-site affordable units

 

2.   Off-site options. The following off-site exactions may be allowed by the Planning Board:

a)   Off-site rehabilitation of existing buildings to create affordable units, preferably in the Housing Corridors identified in the South Kingstown Affordable Housing Production Plan.

b)   Off-site new construction of affordable units.

c)   Donation of developable land to the Town of South Kingstown, subject to a Planning Board-approved yield plan showing the number of buildable lots on the subject parcel.

d)   Payment of a fee in-lieu, as described in subsection 5.

 

In all cases, the Town would require a federal, state, or local subsidy for the affordable units, so that the units can count towards the State’s 10% Low Moderate Income Housing Inventory.

 

3.   Progression of affordable housing options. In all instances it is the Town's strong preference that the affordable units be constructed on-site as part of the development proposal. The use of off-site exactions is intended to be a last resort. Before considering the use of an off-site exaction, the Planning Board must first make a finding that it would be infeasible to develop the affordable units on-site because of environmental, public health, public safety, and/or regulatory reasons, or that the off-site alternative would be more beneficial to the Town than the on-site affordable units. The following is the Town's preferred progression of affordable housing options:

 

First preference: Affordable units developed on-site.

 

Off-site options:

1.   Off-site rehabilitation of existing buildings to create affordable units, preferably in the Housing Corridors identified in the Town's Affordable Housing Production Plan.

2.   Off-site new construction of affordable units.

3.   Donation of developable land for affordable units.

4.   Payment of fee in-lieu.

 

*******************

 

5.   In-lieu fee.

 

a)   The in-lieu fee per affordable unit required shall be the difference between the median sales price of a single family home in South Kingstown and the maximum affordable sales price of a single family home for a South Kingstown family of four earning 80% of the area median income. The in-lieu fee calculation shall be established in the Town of South Kingstown Capital Improvement Program (CIP) and updated annually using data from the Town of South Kingstown Department of Assessment, The Warren Group and RI Housing. The in-lieu fee shall also be published in the Town of South Kingstown Schedule of Fees.

 

1.)  The median sales price of a single family home in South Kingstown shall be derived from year end statistics collected by the Warren Group for the previous calendar year, including homes sold by realtors and for sale by owner.

 

2.)  Rhode Island Housing shall provide a calculation of the maximum affordable sales price of a single family home for a family of four earning 80% of the area median income.  This calculation shall be updated on an annual basis. 

 

b)   All in-lieu fees shall be deposited into the South Kingstown Affordable Housing Fund to be managed by the Town's Finance Director. Such funds may be expended or utilized only on the production of affordable housing in South Kingstown according to the requirements of Section 14-2 of the South Kingstown Code of Ordinances entitled "Town of South Kingstown Affordable Housing Fund."

c)   Required in-lieu fees shall be paid prior to the issuance of building permits for the subdivision/development, in a manner or schedule directed by the Planning Board. For projects developed in phases, a portion of the in-lieu fee may be deferred, at the Planning Board's discretion, until after the initial phase is complete, but before building permits are issued for the next phase.

 

6.   Density bonuses and off site exactions.  Any subdivision or land development project that utilizes an off-site option in place of developing the required affordable units on-site shall not be entitled to a density zoning incentive as described in Section 502.6 F.

 

**********************

 

The Director of Planning, L. Vincent Murray makes a presentation.

The Planning Board’s recommendation to the Town Council dated December 10, 2014 is referenced and placed on file.

 

Marc Archambault, Chairman of the Affordable Housing Collaborative Committee and Maria Mack, Chairwoman of the Planning Board speak in favor of the amendments.

 

Discussion ensues, and it is consensus to amend paragraph H.6. regarding density bonuses and off-site exactions.

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to adopt amendments to the Zoning Ordinance, Article 5 Supplementary Regulations, Section 502.6 Inclusionary Zoning regarding Fee In-Lieu of Requirements, as amended, and incorporating the Planning Board’s Findings of Fact, Consistency with the Comprehensive Plan, and Consistency with the Purposes of Zoning, as follows:

 

Article 5. Supplementary Regulations

 

*********************

Section 502.6. Inclusionary Zoning (See definition in Article 12) Note: the provisions of this article are in addition to those contained in Article 5, section 502.5, Flexible design residential projects.

 

*********************

G.  Inclusionary units, deed restriction requirements. All inclusionary units required under this section shall meet the definition of "low and moderate income housing" as defined in G.L. 1956, § 45-53-3; provided however that units and/or lots generated under these inclusionary provisions shall remain affordable for a minimum period of 99 years. Further provided that any for-sale lots or units shall be sold or conveyed to persons or households earning up to 80% of the area median income (AMI) for South Kingstown as defined by the US Department of Housing and Urban Development.

 

The developer of inclusionary units must contract with a monitoring agency that will qualify home buyers and/or renters for initial occupancy, determine pricing and resale or transfer of dwelling units in accordance with RI Housing and Mortgage Finance Corporation regulations and standards. Rhode Island Housing and the Town of South Kingstown shall be a party to any such monitoring agreement. Long-term affordability shall be guaranteed through the recording of restrictions on the sale, transfer and ownership of the unit through the appropriate legal documents and monitoring agreement.

 

H.  Off-site exactions.

 

1.  Purpose. It is acknowledged that every subdivision proposal and project site may not be compatible with the goals of this Inclusionary Zoning ordinance. Therefore, the Planning Board, at its sole discretion, may exempt a major subdivision or major land development project from the requirement to provide affordable units on-site, and instead require an off-site exaction. The Planning Board will only allow off-site exactions when, in its determination, it would not be feasible to provide affordable units on-site, or when it determines that the off-site alternative would be more beneficial to the Town than the on-site affordable units.

 

2.  Off-site options. The following off-site exactions may be allowed by the Planning Board:

a)  Off-site rehabilitation of existing buildings to create affordable units, preferably in the Housing Corridors identified in the South Kingstown Affordable Housing Production Plan.

b)  Off-site new construction of affordable units.

c)  Donation of developable land to the Town of South Kingstown, subject to a Planning Board-approved yield plan showing the number of buildable lots on the subject parcel.

 

In all cases, the Town would require a federal, state, or local subsidy for the affordable units, so that the units can count towards the State’s 10% Low Moderate Income Housing Inventory.

 

3.  Progression of affordable housing options. In all instances it is the Town's strong preference that the affordable units be constructed on-site as part of the development proposal. The use of off-site exactions is intended to be a last resort. Before considering the use of an off-site exaction, the Planning Board must first make a finding that it would be infeasible to develop the affordable units on-site because of environmental, public health, public safety, and/or regulatory reasons, or that the off-site alternative would be more beneficial to the Town than the on-site affordable units. The following is the Town's preferred progression of affordable housing options:

 

First preference: Affordable units developed on-site.

 

Off-site options:

1.   Off-site rehabilitation of existing buildings to create affordable units, preferably in the Housing Corridors identified in the Town's Affordable Housing Production Plan.

2.  Off-site new construction of affordable units.

3.  Donation of developable land for affordable units.

 

*******************

5.         Density bonuses and off site exactions.  Any subdivision or land development project that utilizes an off-site option in place of developing the required affordable units on-site shall be entitled to a density zoning incentive as described in Section 502.6 F.

 

**********************

 

The amendments are adopted based upon Planning Board’s Findings of Fact, Consistency with the Comprehensive Plan and Consistency with the Purposes of Zoning:

 

Findings of Fact

 

1.         The proposed amendments are made in response to changes to the RI Zoning Enabling Act of 1991 by the RI General Assembly in the 2014 session concerning inclusionary zoning and the allowance of fees in lieu of the production of affordable housing (reference Bill # S-2086 Substitute A).

2.         Adopting amendments that comport with S 2086 Sub. A would impair the ability of the Planning Board to control and shape development in the community in a manner consistent with the goals and policies of the South Kingstown Comprehensive Community Plan. 

3.         S-2086 Substitute A would produce developments that contain density beyond the allowances of the base zoning districts in our community without concurrent and proportional production of affordable housing.

4.         S-2086 Sub. A provides discretionary enabling authority to RI Cities and Towns as part of its terms and conditions.

5.         The Town of South Kingstown declines to adopt ordinance amendments concerning fees in lieu of the production of affordable housing per S-2086 Sub. A.  Such is viewed as contrary to the purpose and intents of the inclusionary zoning model.  The enabling statute provides the basis for a regulatory model that excludes affordable housing from new developments.

 

Consistency with Comprehensive Plan

 

The Planning Board finds that these amendments are consistent with the South Kingstown Comprehensive Community Plan as follows:

 

1.                  Land Use Element, Land Use Action Plan: ‘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.                  Land Use Element, Policy 4.4: ‘The Town recognizes the importance of providing a diversity of housing within its villages that can support a mix of businesses through localized residents that have diverse shopping needs and employment needs.’

3.                  Land Use Element Goal 5: ‘To create affordable housing opportunities for all income levels, age groups and population types within the Town.’

·         Implementation Item below Goal 5:  ‘The Town shall evaluate the effectiveness of its inclusionary zoning ordinance to determine if additional amendments are needed.’

 

1.                  Housing Element, Housing Action Plan:  ‘To keep South Kingstown a community that is home to a vital mix of people by maintaining a wide range of housing options.’

2.                  Housing Element, Policy 1.2: ‘The Town discourages future residential growth which contributes to monotonous suburban-style subdivisions and encourages a high quality of design in the creation of new neighborhoods. The process of growth must be directed towards the creation of communities and directed away from urban sprawl.’

3.                  Housing Element, Policy 2.1:  ‘Identify opportunities to integrate affordable housing into existing neighborhoods.’

4.                  Housing Element, Policy 2.3: ‘Develop a range of affordable home ownership opportunities throughout the Town of South Kingstown.’

 

Consistency with the Purposes of Zoning

 

The Planning Board finds that the proposed amendments are consistent with the following general purposes of zoning as contained in RIGL 45-24-47, Rhode Island Zoning Enabling Act of 1991, as amended:

 

4.                  Promoting the public health, safety, and general welfare.

5.                  Providing for a range of use and intensities of use appropriate to the character of the city or town and reflecting current and expected future needs.

8.   Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.

9.   Providing opportunities for the establishment of low and moderate income housing.

11. Promoting a high level of quality in design in the development of private and public facilities.

12. Promoting implementation of the comprehensive plan of the city or town adopted.”

 

 

8.         COMMUNICATIONS

 

A.        A communication is considered from Michael Visich, President, Village At Indian Lake Homeowners & Condominium Association requesting the Town Council not allow outdoor shooting of pistols, rifles and black powder guns at the Peace Dale Shooting Preserve. Video

 

David Cordeiro, Vice President, is present and speaks on behalf of the Association’s request.

 

Mark Fay, counsel for Preserve owner Brad Waugh is present and discusses his client’s proposed operation of an indoor shooting range.

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: that a communication dated January 20, 2015 from Michael Visich, President, Village At Indian Lake Homeowners & Condominium Association requesting the Town Council not allow outdoor shooting of pistols, rifles and black powder guns at the Preserve is received, placed on file and referred to the Town Solicitor for response. (1/22/2015 Miscellaneous, Item II B.)

 

B.        UNANIMOUSLY VOTED: that a communication dated January 5, 2015 from Mara Trachtenberg, President, Hera Gallery and Educational Foundation requesting funding consideration for FY 2015-2016 in the amount of $10,000 is received, placed on file and the Town Council directs that she be invited to attend the Budget Session at which Human Services funding requests will be considered. (1/15/2015 Interim, Item C.) Video

 

C.        UNANIMOUSLY VOTED: that a communication dated January 23, 2015 from Mel Wathen, Southgansett Girl Scouts requesting proclamations recognizing India Aitkenhead and Abigail Herbert for attaining the Gold Award is received, placed on file, and the Town Council directs that proclamations be prepared and the Scouts be invited to attend the meeting on March 9, 2015. (2/5/2015 Miscellaneous, Item II B.) Video

 

9.         COMMENTS FROM INTERESTED CITIZENS Video

 

Council President Collins invites residents to come forward with comments.

 

W. Keith Vorhaben is present and comments on the need to clear snow from sidewalks.

 

10.       TOWN MANAGER’S REPORT Video

 

Town Manager Stephen Alfred thanks Town staff for their efforts in clearing roads and ensuring public safety during the recent snow storms. The Town Manager’s Interim Reports dated January 15 and January 29, 2015, and the Agenda and Miscellaneous Reports dated January 22 and February 5, 2015 are accepted, approved and placed on file.

 

11.       TOWN SOLICITOR’S REPORT – none Video

 

12.       APPOINTMENTS – none Video

 

13.       NEW BUSINESS

 

A.        UNANIMOUSLY VOTED: to appoint Peter D. Ruggiero, Esquire, 20 Centerville Road, Warwick, RI 02886 as Special Legal Counsel to represent the Town of South Kingstown in connection with the zoning application and any and all appeals therefrom filed by The Pointe at East Matunuck, LLC. Video

 

D.        UNANIMOUSLY VOTED: to authorize an extension of an award of bid originally granted on January 11, 2010 to ClerkBase, 2220 Plainfield Pike, Cranston, RI 02921 for a Meeting Management System for a period of five years with annual costs of $12,070; and as further described in a memorandum from the Town Clerk to the Town Manager dated February 3, 2015 and entitled “Contract Extension – Meeting Management System.” Video

 

G.        UNANIMOUSLY VOTED: to authorize the Town Manager to enter into a five (5) year lease between the Town of South Kingstown and Bruce Thunberg d/b/a Twin Peaks Land and Cattle Co., 501 Matunuck School House Road, Wakefield, RI 02879 to farm an approximately 22 acre parcel of property for an annual fee of $2,500 and a total lease payment of $12,500.  Said property being a portion of A.P. 92-2, Lot 39 as further identified on Town of South Kingstown GIS map #PL14-76 dated 12/14; and as further described in a memorandum from the Senior Planner to the Town Manager dated February 4, 2015 and entitled “Town Beach Agricultural Field Lease – Award Recommendation.” Video

 

14.       CLOSED EXECUTIVE SESSION Video

 

UNANIMOUSLY VOTED: to recess to Closed Executive Session at 9:15 PM pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: RI Retirement Security Act of 2011 and  Hang Ten LLC vs. Rhode Island CRMC and Town of South Kingstown.

 

Collins – yes          Healy – yes         Clough – yes            McEntee – yes          Viele – yes

 

Regular Session is reconvened at 9:38 PM, and it is

 

UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: RI Retirement Security Act of 2011 and  Hang Ten LLC vs. Rhode Island CRMC and Town of South Kingstown, with the exception of the following vote:

 

UNANIMOUSLY VOTED:  to authorize the Town Manager to execute a letter of engagement with Marc DeSisto, Esq., DeSisto Law and Gerald Petros, Esq., Hinckley Allen to represent the Town of South Kingstown in the ongoing Superior Court pension litigation.

 

UNANIMOUSLY VOTED:  to adjourn at 9:45 PM.

 

Dale S. Holberton, CMC

Town Clerk

 

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