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WORK SESSION
FEBRUARY 22, 2017
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 22nd day of February A.D., 2017 at 6:00 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant DaCruz
Liz Gledhill
Joe Viele
Also present: Stephen A. Alfred, Town Manager, Aimee Reiner, Director of Administrative Services, and Chelsea Siefert, Principal Planner.
The Pledge of Allegiance to the flag is given.
The Healthy Places by Design group is present and discussion ensues relative to pedestrian and cyclist safety.
Kateri Collins, a member of the Healthy Places by Design group reads an opening statement. The goal this evening is to find out how their group can help the town with the implementation of Complete Streets.
Discussion ensues relative to the prompt removal of snow on sidewalks and bike paths after storms. The Town Manager comments that last August staff gave the Council an opinion that they did not know what could be done to improve sidewalk snow removal because it is based on the storm, the storm’s duration, time of day, time of year and weather conditions following the storm. One of the things recommended was to acquire a Skid Steer piece of equipment for removal of snow on sidewalks. It has been acquired and has been used once this season. It was used in areas outside of the normal loop.
Jon Schock, Director of Public Services discusses the sidewalk snow removal process. Typically there are two walk-behind snow blowers and the Parks and Recreation Department uses its multi-attachment Bobcat. This year the Skid Steer was not available for the January storm. The roads added this year outside of the normal loop include Main Street from Columbia Street to Dale Carlia Corner on the north side and Old Tower Hill Road from Dale Carlia up to the Mazda dealership. It was done on Sunday and took four hours with three men. On Monday morning the State came and plowed back to the curb and deposited some of the snow back onto the sidewalk. The Skid Steer is more efficient than the walk-behind Hondas but it also depends on the storm and the weather after the storm. Clearing sidewalks is storm specific and dependent.
The Town Manager indicates that the Town will provide best efforts based upon the conditions and based upon getting the labor force into the program. In the FY 2017-2018 budget document it is proposed to bring back one of the two open positions in the public works department, a light equipment operator beginning January 1, 2018. We will get additional requests and if we continue to meet the demands it will require additional resource allocation in terms of personnel and equipment.
Council President Healy indicates that South Kingstown is not alone, other communities have the same issues. We have to be realistic and have expectations that are geared to the type of storm.
Ken Burke comments in regard to an ordinance to require property owners to remove snow from the sidewalks in front of their houses and also, that there is no funding in the capital budget for installation of sidewalks.
Councilman Viele comments that on the topic of snow removal it is a measured approach to see what works best, we have the new piece of equipment, we are going to try and get more personnel; it is going to be a slow approach but will eventually give us the best product. On the sidewalk construction we have an aggressive road reconstruction program and for some it is not aggressive enough. It is a matter of allocating more dollars. Maybe down the road we can address sidewalks.
It is noted that Mr. Burke did not get up to use the microphone and cannot be heard on the tape, however he indicates in terms of complete streets how do we get to the next step.
Chelsea Siefert, Principal Planner, Planning Department comments in regard to the Comprehensive Plan. The Planning Department has been conducting public workshops to gather input for the update of the Comprehensive Plan and part of that includes the Circulation Element. Participants were asked to fill out maps that showed where they walk, bike, what is congested and what is not. This is an attempt to identify what the needs are relating to all modes of transportation. The State in 2011 amended the law in regard to Comprehensive Plans to require a lot more information in many areas including circulation. What the Town will have to do as part of the update is assess pedestrian, bicycle, transit and vehicular needs throughout town. Identify areas where there are safety issues and where improvements would be warranted and set a plan for fixing those things. Staff wants the plan to be strategic. So what we are going to do with the implementation program is make it a needs based program. When we identify what the needs are, each action would be related to a specific need.
Mrs. Siefert was part of the staff for the Department of Health on the Healthy Places by Design grant in 2010. As part of that grant windshield surveys and street assessments were conducted. Some of those things can also be done in South Kingstown. As part of her graduate research thesis, pedestrian priority areas were identified for the City of East Providence. At the time, their ordinance indicated that anyone who did a subdivision had to put in a sidewalk and the developers were not happy about that. A study was conducted that looked at the different types of things that would generate pedestrian activity like schools, libraries, city hall, high density residential, mixed use areas, transit lines, bike path, etc. Each generator was taken and assigned a points value based on the level of pedestrian activity it would generate. Schools generate a lot, transit lines generate a lot, hospital some but not much. Then they were overlaid on top of one another to create a heat map of pedestrian activity. Something like that could be done here to ascertain what those areas are. You need to think about what the routes are within those areas to direct pedestrian activity which would require coordinating with the Department of Public Services to determine the roads that have the width capacity or standards to accommodate the improvements.
The Town Manager comments that strategies will have to be incorporated into the Comprehensive Plan. There has to be realistic expectations based upon the financial ability of the community. The Planning Board will attempt to devise realistic expectations so that the implementation of those expectations can be met. Then the Town Council will have the responsibility of funding through the Capital Program.
Susan Marcus indicates that the Healthy Places by Design group wanted to hear less about the Capital Budget because they know with the Town Manager at the table there is no Capital Budget, but they were hoping there would be some implementation of some small scale things like traffic calming strategies. When Matunuck Beach Road was reconstructed the group asked for some stop signs to be installed at the School, Matunuck School House Road and Matunuck Beach Road and another at Cards Pond and Matunuck Beach Road. There are things that can be done like stop signs, crosswalks, and bumps. It is really the small scale stuff that the group thinks is the first steps that should be taken. It would help the town move in the direction of having some Complete Streets.
The Town Manager states that the issue of the stop signs on Matunuck Beach Road was reviewed by the Transportation and Traffic Review Committee and it did not meet what the traffic warrants are that are required for a stop sign. Staff cannot recommend to the Town Council that they direct the installation of stop signs that do not meet the traffic warrants. If someone were to get hurt or killed at that location because stop signs were there and it wasn’t warranted to be there, then the Town would be exposed to liability. All requests for stop signs go before the Town’s Transportation and Traffic Review Committee and if it is on a State highway it goes to the State. It is a uniform traffic code that the town operates with based on the traffic counts in each area. The Town is not trying to be difficult and would like to accommodate traffic calming efforts but they have to be in accordance with the standards that we operate with.
Councilwoman Gledhill comments in regard to the speeding signs that tell you how fast you are going and that if at the end of the fiscal year there are funds left over we may be able to purchase one.
Ken Burke comments in regard to the Town Manager’s perspective in regard to warrants for a stop sign. Mr. Burke is a Rhode Island Professional Engineer #7055 and as a professional engineer has worked within several communities throughout the State. He indicates that you can in fact install a stop sign and absolve yourself from liability if it is done appropriately and responsibly. He asks where is the opportunity for Healthy Places by Design to engage with Town staff to discuss these issues before you issue a contract for construction, where is the opportunity to engage to inform the Town Council of our opinions.
Councilman Viele comments that the Transportation and Traffic Review Committee is the group’s avenue for traffic calming measures and include a communication to the Town Council to keep us aware of your efforts. Being able to walk around the community is very important.
Councilwoman Gledhill comments that she values being able to walk especially downtown where she can walk to the doctor’s office, bank, schools and grocery stores. The Town is taking steps and recognizing it, especially this Town Council is more receptive to these ideas. We need to go for the little things and let it build, move with a forward momentum.
Council President Healy comments that everyone sitting at this table is looking for a healthy lifestyle and a pedestrian and bike friendly community. The Town Council is here to help but it can’t be done overnight. We all have the same intent, it is the means of getting there.
Councilman DaCruz comments that being able to walk and bike is very important, it brings the community together. One of the things that we will struggle with is we are the largest town in terms of land mass in the State. We have to be realistic, we can’t do it all at once, we need to prioritize.
Council Vice President Collins comments that the Transportation and Traffic Review Committee may not be the right platform for input. It is not a forward-looking body but looks at issues on a case by case basis. Providence has established a Bike-Ped Committee so maybe we could establish a temporary task force or a committee that identifies where sidewalks are appropriate and prioritize. He would like to see the town invest a little more in striping.
Council President Healy commends the Town for the work that has already been done with the bike paths and the bike path connectors. Can more be done, yes, but a lot has already been done.
Councilwoman Gledhill asks what platform, if we were putting out a contract for repaving High Street, could Healthy Places by Design use for input.
The Town Manager indicates that they could contact the Department to review the plans. The costs that are budgeted are based upon what the Department is planning. If someone wants to change the plans it will change the project.
It is noted that Mr. Burke did not get up to use the microphone and cannot be heard on the tape, however he indicates that there appears to be abundant funding when staff sees fit.
Councilman Viele comments that if bids come in lower than expected that the Capital Plan may be accelerated and maybe a road didn’t belong in Year 2 but that is all we could afford and so those roads would be moved up to Year 1. If there is an opportunity not to move the Year 2 project to Year 1 and consider some of the things that you are talking about I think absolutely. I think your best avenue is to engage with Town Council members, staff members and the Transportation and Traffic Review Committee.
Fritz Lanz is present and comments in regard to how quickly the town got out after the storm and how thorough the job was. He does not understand how CVS got away with not clearing the sidewalks around the store. He loves the idea of a bike/walk committee.
Bob Votava is present and comments in regard to how other municipalities deal with streets getting plowed. What we are working with is a team. The team is made up of four parties including the Town, RIDOT, property owners and grass root groups. One problem that the Town has is that it has shown so much leadership that we just expect it to keep on going. The Town has demonstrated good leadership. The bike path has invited people to get out and walk.
Karina Burston is present and comments in regard to the enforcement of speed limits and her support for traffic calming efforts.
Karen Votava is present and comments in regard to the expansion of the sidewalk program and setting priorities. She also discusses bicycle tourism.
Susan Buelow is present and discusses the enforcement of speed limits on South Road, the installation of sidewalks from Heritage Drive to Route 138 and the clearing of snow on the existing sidewalks along South Road.
Bill McCusker is present and comments in regard to staffing in the Highway Department.
Jared Moffat, Regulate Rhode Island is present and discusses the proposed Cannabis Regulation, Control, and Taxation Act which would replace Rhode Island’s existing policy of cannabis prohibition and permit adults twenty-one or older to possess and purchase limited amounts of cannabis. He indicates that studies have shown that regulating marijuana reduces youths’ involvement in illegal marijuana sales. The bill number of the legislation introduced is H5555.
Essentially what the bill would do is remove penalties for adults who are twenty-one or older from possessing limited amounts of marijuana and would allow a limited amount of plants to be grown at home, one mature plant per person and no more than three per residence. Under this legislation an office of cannabis registration would be established and would be tasked with promulgating regulations to establish a system of licensed cultivators or people regulated to grow marijuana, retailers – people allowed to sell it, processors – people allowed to make manufactured products like oils and tinctures and testing laboratories. The Office of Cannabis Coordination would be the central organizing hub for implementing these regulations. The bill includes packaging and labeling regulations for edibles. A product would have to be tested prior to it being allowed to be sold. The implementation of the sale of edible products would be delayed for eighteen months.
There would be a 23% tax imposed on the sale of cannabis products in addition to the 7% sales tax. This would pay for the cost of regulation itself and then the residual would be divided with 50% going to the general fund of Rhode Island. Of the 50%, 35% would go to the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals to fund treatment programs and recovery services, and 10% would go back to the cities and towns that allow cannabis establishments. Additionally the local municipalities do have significant control over the operation of these establishments, as long as the local ordinance is not in conflict with the law itself. Voters in municipalities may choose to prohibit any class of cannabis establishment from operating within their city or town.
Councilwoman Gledhill asks why purchase legal marijuana when there is a 30% tax on it.
Jared Moffat responds there is a cost of doing business in the underground illegal market and that is what accounts for most of the cost in the illicit market is the risk that an individual is taking on to sell the product. When you have an above-ground market there is access to certain services that legitimate businesses can be more efficient and it is easier to do business. It you are more efficient you can bring the price per unit down. People prefer a safer environment where the product is being tested.
Council Vice President Collins asks about hemp growing.
Jared Moffat responds that hemp growing was removed because they did actually pass legislation in regard to hemp growing last year.
Councilman Viele asks what are the problems with home cultivation.
Jared Moffat responds that under the medical program there has not been oversight or regulation of home cultivation, some people have taken advantage of that, people cut corners.
Councilman DaCruz states that with marijuana not being legal in every state and you have cultivation facilities that will be producing quite a bit and forty retailers, is there something in the bill that is going to address security measures.
Jared Moffat responds one of the key parts of it is seed-to-sale tracking software that tracks the plant into an electronic inventory system; a carryover of the security system that exists for the medical program which involves cameras in every room, requires delivery manifests, requires checks and balances within the management structure so there is no diversion.
Councilman DaCruz: adding to that question take Colorado for example where it is legal, my concern is it is illegal in the surrounding states; does that bring criminality into Colorado.
Jared Moffat: it has been an issue in Colorado and there is not a great solution, as long as there is prohibition somewhere and there is a way someone can skirt the law to make a buck there will be concerns.
Council President Healy: have you received a lot of feedback from other cities and towns.
Jared Moffat: he has just begun to go around to the cities and towns but thinks there is a much bigger interest this year partly because of the legalization in Massachusetts but also the medical marijuana regulations. He wants to be a conduit for any feedback he can give to the sponsors. The sponsor in the House is Representative Scott Slater and the sponsor in the Senate is Senator Josh Miller.
Council Vice President Collins asks if there are any revenue projections.
Jared Moffat: it is projected that in 2020 sales in the amount of $161,000,000 will be made, generating $48.3 million in tax revenue to the State of Rhode Island. After the cost of regulation, 10% would go back to the cities and towns that have cannabis establishments. The amount going back to any specific city or town is proportional to the number of establishments within the municipality.
Steve DiMasi is present and asks whether the legislation eliminates the ability of caregivers to sell to compassion centers.
Jared Moffat: as of January 1, 2017 instead of the caregivers selling to the compassion centers there is a new class of license called licensed cultivators which have to have a seed-to-sale tracking system, they are subject to taxes, inspections and oversight. It is bringing a lot more regulation and oversight into the program.
Councilman DaCruz: with the medical marijuana issue the problem became that there was a lot of excess and what was happening with the excess marijuana. Will this new program get rid of that problem.
Jared Moffat: the problem was the compassion centers were buying large quantities from these unregulated sources. It was very profitable for someone to get a caregiver’s license, grow a lot of product and then sell it to the compassion centers. Now the incentive has been removed because they are not allowed to do business with the compassion centers anymore. Now you can grow a lot if you want to but you have to have the cultivator’s license which is subject to regulations.
Under this legislation compassion centers can continue to provide medical marijuana and there would not be a tax upon the product. Compassion centers will be allowed to distribute both inventories, medical and recreational. Recreational products will be taxed. Prices for the products will be set by the market.
Adjourn at 8:05 PM.
ADJOURNED,
Dale S. Holberton, CMC
Town Clerk