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WORK SESSION

 

MARCH 13, 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 13^th day of March 2017 at 5:30 PM.

 

            PRESENT:    Margaret M. Healy, President

                                    Abel G. Collins, Vice President

                                    Bryant C. DaCruz

                                    Liz Gledhill

                                    Joe Viele

 

1.         A.        WORK SESSION

 

Discussion ensues relative to possible amendments to the FY 2017-2018 Town Council Preliminary Budget as shown on Exhibit 2 of this evening’s agenda.  The final recommended rate increase for the Health Insurance is 10.71% which creates a $100,000 shortage.  It is recommended that the contribution from the unassigned fund balance be increased from $550,000 to $600,000.  One of the options for the other $50,000 is to increase the tax levy by $50,000 which is worth about $0.01 on the rate.  Other options would be elimination of either one or both of the half-year positions recommended.

 

Councilwoman Gledhill is comfortable with transferring from the unassigned fund balance and the tax levy increase rather than eliminating the half-year-positions.  She would actually like to see these positions be full positions in FY 2017-2018 rather than half-year positions.

 

Councilman Viele is comfortable with the half-year positions.

 

Council Vice President Collins is comfortable with the half-year positions.

 

The dental rates also came in about 5% more than anticipated.  The School Department will be looking at an increase in the healthcare rates also, but have indicated a willingness to incorporate the increase without an adjustment to the budget.  It is not known how they are doing that.  Common practice would be to set up a revised budget which would mean that they would have to lower some item(s) and increase the healthcare.  One of the School Department’s problems is the five new positions that they added last year; the revised budget that they are using for this year has incorporated a good deal more dollars for healthcare and they will still have to do that again next year.

 

Councilman Viele would like to find the money elsewhere but would go along with $50,000 coming from the Unassigned Fund Balance and $50,000 being added to the tax levy.

 

It is a consensus that $50,000 come from the Unassigned Fund Balance and $50,000 be added to the tax levy.

 

Council President Healy comments that the Town Council is looking at keeping school funding between level funding and a 2% increase right now.  She indicates she is in favor of level funding for the Human Services Agencies and level funding for Outside Agencies.  If we are truthfully holding the school side of the budget increase to a minimum we should not be allocating additional dollars to any other organizations.  She now is okay with the salary increases for some of the staff.  She wants more information on the $25,000 for the Green Hill Pond study and she would favor a $1,000 increase for the Fire District.

 

The Town Manager comments that the decision on the $25,000 for the Green Hill Pond study does not belong in the budget development.  If the Town Council were to fund it the recommendation would be that the funding come from the TMDL Reserve Fund.  The TMDL Reserve is currently at $400,000.

 

Council Vice President Collins is in agreement with the funding for the Green Hill Pond study coming from the TMDL Reserve Fund.  In terms of the Outside Agencies he would give additional funding in the amount of $3,500 to Welcome House.

 

Councilwoman Gledhill agrees with the additional funding for the Welcome House.

 

Councilman DaCruz is also in favor of additional funding for the Welcome House in the amount of $2,000.

 

Councilman Viele comments that if the Town Council would have the discussion about the property tax transfer to the School Fund first, the rest of the items have the potential to be easier.

 

Discussion ensues relative to the Tax Transfer to the School Fund.  A 2% increase has been proposed for FY 2017-2018 in the amount of $52,415,096 up from $51,387,349 in the current year, a $1,027,747 increase.

 

Councilman DaCruz struggles with the best use of funds and if you are efficient you can use money elsewhere to help other parts of the school system.  When we had our meeting on the budget the School Department indicated that if they were level funded they would cut intramurals, cut something else, or item number c.  His concern was that all those items added up were equal to one position.  To affect that many kids for one salaried position was concerning.

 

Councilwoman Gledhill totally agrees and that was what she was trying to relay.  Some of the cuts that the Superintendent wanted to make were not fiscally responsible or the best use of funds.

 

Councilman Viele comments understand that if we level fund we are not cutting, so terminology is important.  One observation is that this is his third budget: since his first budget we are down over 300 students and if we approve a 2% increase it is over $3,000,000 higher than his first budget in three years.  We can’t manage the School Department’s budget but we owe the taxpayers a big explanation if we are going to give them that much more money with that big a decline in enrollment.

 

The Town Manager indicates that the forecast is that they will lose another 300 students over the course of the next six years.

 

Councilwoman Gledhill comments on the RFP for the Utilization Plan but a 2% increase is really not going to change anything in the long run.

 

Councilman DaCruz comments that his biggest concern is the perception, they keep talking about a cut that is not a cut.

 

Council President Healy indicates that it is not a cut, a 2% increase is not a cut it is a contribution.  The radical step that we have to look at, good, bad or indifferent and nobody wants to do it is that the possibility of closing a school is absolutely in the forefront.  If the enrollment continues to decline why are we keeping buildings open that have occupancy of 50 to 70 percent of capacity.

 

Council Vice President Collins comments that the 2 percent request allows the School Department to maintain the level of service that they have been providing.  When they talk about cuts it is about the number of teachers they have in classrooms.  They will have fewer teachers and fewer other staff as well.  It is a fine line to balance, obviously the facilities plan is a big piece.  These are longer term conservation, we have to look at what is in front of us now.  They have negotiations so I think the 2 percent number is fair.

 

Councilman Viele comments he does not want to micromanage their budget but one of the line items I think is new this year is $170,000 for laptops for the Middle School.  I think they could forego those and return many of the items they threatened at zero percent transfer.

 

Councilwoman Gledhill comments that third graders getting the 1:1 technology is a luxury in third grade.  It is great if it is something you can afford but I don’t think we are in that position anymore.

 

Councilman DaCruz comments they immediately came in and asked for 4 percent.

 

The Town Manager comments the School Committee prepared a budget with a levy increase of 4%.  Under state law we can get 4% more in tax levy.  The budget is going up by about $650,000.  The thought was how much money would they have available if they received the state maximum.  We have never looked at the 4% as being an appropriate level to start off with.

 

The Town Manager also comments that the schools that are open today may need to be open.  When we look at a school capacity analysis you plan for 80% utilization because you want a 20% factor available for changes in the demographics.  Whether they have schools open that they don’t need, there are no facts or evidence to say that at this point. A facilities study would evaluate that and look at how many years it would take if you continued to lose enrollment before you get to a point where the facilities’ utilization could be changed.

 

Council President Healy comments we are losing with the funding formula, we are not receiving the state aid to the degree that we were.  It is a whole host of different things that we are trying to balance.

 

Councilwoman Gledhill comments just looking at their loss in state aid, every year we have given them enough to cover that loss and then some, not since 2009 have we not given them enough to cover the loss in state aid.  The loss in state aid this year is $481,000.

 

Council Vice President Collins comments the $481,000 is a loss in funding, but they also have built in increases in costs including healthcare benefits.  The School Budget is 80% salaries and benefits.  Any less money that we give them is money that is going to come out of teaching.

 

Councilman Viele comments that there are a lot of administrators in those salaries.

 

Council Vice President Collins comments those administrative positions are Directors of specific programs like ELS, Sports, etc.  Those people are involved in the education process.

 

Discussion ensues relative to voting on the School Budget separately from the municipal budget.  The budgets are separate now so the votes can be separate.

 

The School Budget is receiving $480,721 less in state aid in FY 2017-2018 than what they received in the current year and salaries are up about $400,000.  The budget is up $647,000 or 1.1%.  When they are looking at a 2% increase in levy the 2% increase is worth $1,027,000.

 

In the current year they budgeted for 289 positions and they ended up with 5 positions more based on need within the departments and they are looking for two new positions in FY 2017-2018.  It is dependent upon the composition of the students’ needs.  They also have to make decisions in regard to new programs.  This is outside of the Town Council’s realm of decision making.

 

There is consensus that the vote on the School Fund will be taken as a separate vote from the rest of the budget.

 

Councilman Viele comments that if a 2% increase is approved for the School Department he is not sure if there is money left to increase funding for the Human Services and Outside Agencies.

 

Councilman DaCruz comments that the Union Fire District has not had an increase in a very long time and would recommend an additional $1,800 be funded to the Fire Districts. He is also in favor of increasing the contribution to the Welcome House, Hope Hospice, Easter Seals and that Peace Dale Revitalization and Wakefield Village Association are equally funded.

 

Discussion ensues that the following amendments be made to the funding of the Human Services and Outside Agencies:

 

A $1,800 increase to the Union Fire & Kingston Fire Districts from $3,600 to $5,400;

A $2,000 increase to Welcome House from $8,000 to $10,000;

A $1,000 increase to Hope Hospice from $1,500 to $2,500;

A $1,000 increase to Easter Seals from $1,000 to $2,000;

A $1,500 increase to Wakefield Village Association from $3,500 to $5,000.

 

Discussion ensues relative to traffic calming measures for Middlebridge Road.  It is hoped that the funds can be found in the current year’s budget to purchase speed signs for Middlebridge Road.

 

Discussion ensues relative to providing a tax abatement for the Chamber of Commerce.  The Chamber currently pays $6,856 in property taxes to the town.  The current contribution is $9,000.  Councilman Viele comments that he is on the Board of the Chamber.  Council President Healy and Vice President Collins are all set with level funding for the Chamber.  Councilors DaCruz and Gledhill are in favor of increasing funding by $1,000.

 

It is the consensus of the Town Council that the following amendments to the budget be made:

A $100,000 increase to Healthcare;

A $50,000 increase to revenue from undesignated fund balance;

A $1,000 increase to Hope Hospice from $1,500 to $2,500;

A $2,000 increase to Welcome House from $8,000 to $10,000;

A $1,000 increase to Easter Seals from $1,000 to $2,000;

A $1,800 increase to the Union Fire & Kingston Fire Districts from $3,600 to $5,400;

A $1,500 increase to Wakefield Village Association from $3,500 to $5,000.

There was no request from the Washington County Community Development Corp. so that will be reduced to zero.

 

The net change to Outside Agencies is $2,300 increase and the increase on Human Services Agencies is $4,000 and $100,000 on the Healthcare.

 

 

1.         B.        INTERVIEWS

 

The Town Council interviews the following relative to their interest in serving on the Library Board of Trustees: Mario Briccetti, Donna L. Gilton, Michael G. Henry and Elizabeth L. Kroll.

 

1.         A.        WORK SESSION (continued)

 

Council President Healy congratulates Chelsea Siefert relative to her appointment as Director of Planning for the Town of South Kingstown.

 

The Town Council Work Session resumes and discussion ensues relative to License Item 6F granting a Victualling License to Flatwaves LLC d/b/a Flat Waves Food Shack, 99 Fortin Road, Suite 131, Kingston, RI 02881 subject to administrative approvals.

 

Discussion ensues relative to Public Hearing 7A to consider proposed amendments to the Zoning Ordinance relative to Article 5. Supplementary Regulations, Section 504. Special use permits that would add Section 504.14 Household Occupancy by More than Three Unrelated Individuals, and amend Article 12. Definitions, Item (66) Household.

 

Discussion ensues relative to Public Hearing 7B a Public Informational Presentation of the 2^nd year progress report on the Elks Lodge’s Free Home Maintenance and Repair Assistance Program (HoMRAP).

 

Discussion ensues relative to Communication Item 8C dated March 6, 2017 from Stephen J. Elmasian, Armenian National Committee of RI requesting permission to fly their flag at Town Hall on April 24^th to mark the anniversary of the Armenian Genocide during World War I.

 

Discussion ensues relative to Communication Item 8B adopted February 7, 2017 by the South Kingstown School Committee concerning Group Home Aid; Concealed Firearms on School Grounds; Teacher Tenure Act; Early College, Dual and Concurrent Enrollment Regulation; Curriculum and Instruction in Health and Physical Education (House Bill H-5120); Student Transportation; and Student Assessment Information and Stakeholder Reports.  This item will be continued to the March 27, 2017 Town Council meeting.

 

Discussion ensues relative to Communication Item 8D dated March 8, 2017 from Dennis Bowman on behalf of the Friends of Green Hill Pond requesting $25,000 in matching funds to conduct Phase I of a study aimed at improving water circulation in Green Hill Pond.

 

Discussion ensues relative to Communication Item 8E adopted March 6, 2017 by the Narragansett Town Council opposing the legalization of marijuana and the creation of a commercial marijuana industry.

 

Discussion ensues relative to Communication Item 8F dated March 8, 2017 from members of the Healthy Places by Design group requesting consideration of two recommendations regarding pedestrian and bicycle safety.

 

Discussion ensues relative to Communication Item 8G dated March 8, 2017 from Council Vice President Abel Collins proposing a South Kingstown Bicycle – Pedestrian Advisory Committee charge.

 

Discussion ensues relative to New Business Item 13A adopting the FY2017-2018 Town Council Preliminary Budget, as presented in the Town Manager’s FY2017-2018 Proposed Budget.

 

Discussion ensues relative to New Business Item 13B adopting a proclamation recognizing Girl Scout Week.

 

Discussion ensues relative to New Business Item 13D relative to advertising an application for a Class B Limited Liquor License by Uptown Burger Bar, LLC, 36 South County Commons Way, Wakefield, RI by Gregory Stevens, sole member for all seating areas inside the restaurant, located in the western half of the 1^st floor of Building #4, and in accordance with a Special Use Permit granted December 21, 2016 by the Zoning Board of Review.

 

Discussion ensues relative to New Business Item 13E authorizing an award of bid to Ruggieri Flooring, Inc., 1191 Pontiac Avenue, Cranston, RI 02920 for Town Hall carpeting in an amount not to exceed $52,775, including a contingency of $7,000.

 

Discussion ensues relative New Business Item 13F authorizing an award of contract to Matchpoint Water Asset Management, Inc., 215 Racine Drive, Suite 201, Wilmington, NC 28403 for leak detection services in an amount not to exceed $12,000, including a contingency.

 

Discussion ensues relative to New Business Item 13G authorizing the Town Manager to execute RI Department of Transportation Construction and Maintenance Agreements for High Street Improvements.

 

Convened to Regular Session.

 

 

Dale S. Holberton, CMC

Town Clerk

 

 

 

REGULAR SESSION

 

MARCH 13, 2017

 

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 13^th day of March 2017 at 7:30 PM.

 

            PRESENT:    Margaret M. Healy, President

Abel G. Collins, Vice President

Bryant C. DaCruz

Liz Gledhill

Joe Viele

 

 

1.         C.        REGULAR SESSION

 

2.         PLEDGE OF ALLEGIANCE TO THE FLAG

 

The Pledge of Allegiance to the flag is led by a group of Girl Scouts.

 

13B.    New Business Item 13B is brought forward, and a proclamation recognizing Girl Scout Week is adopted and presented, as follows:

 

GIRL SCOUT WEEK

MARCH 12 – MARCH 18, 2017

 

WHEREAS,  Sunday, March 12, 2017 marks the 105th anniversary of Girl Scouts of the U.S.A., founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and

 

WHEREAS,  through Girl Scouting, girls grow in courage, confidence and character, and learn to make the world a better place; and

 

WHEREAS,  throughout its long and distinguished history, Girl Scouts – the pre-eminent organization for girls – has inspired millions of girls and women with the highest ideals of character, conduct and patriotism; and

 

WHEREAS,  Girl Scouting takes an active role in increasing the interest and skill levels of today’s youth in math, science and technology careers and to fulfill our country’s economic needs; and

 

WHEREAS,  through participation in Project Undercover, a council-wide community service project, every girl will learn that she can make a change for the better in her community; and

 

WHEREAS,  the Girl Scout cookie sale is the world’s largest girl-led business, teaching financial literacy to girls of all ages; and

 

WHEREAS,  the Girl Scouts of Southeastern New England which serves 12,000 girls in the Rhode Island area will be celebrating 105 years of an American tradition with more than 3.4 million current Girl Scout members nationwide.

 

NOW, THEREFORE WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim the week of March 12-18, 2017 as Girl Scout Week in the Town of South Kingstown and urge our citizens to support Girl Scouts in their endeavors.

 

3.         ROLL CALL

 

Roll Call is taken and all members are present.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on February 22, February 27 and March 1, 2017 are accepted, approved and placed on file.

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on February 27, 2017 are accepted, approved and placed on file.

 

5.         CONSENT AGENDA

 

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

 

(CA)    6G.      UNANIMOUSLY VOTED: to grant Victualling Licenses to the following; Renewals:

 

Five 90 Catering, 221 Robinson Street, Wakefield, RI 02879. Application by Nathan Schunke, 298 Dugway Bridge Road, West Kingston, RI 02892. License No. BS-16-199.

 

International Café d/b/a International Pocket, 99 Fortin Road, Kingston, RI 02881. Application by Bahij Boutros, 62 Waites Corner Road, West Kingston, RI 02892. License No. BA-16-230.

 

International Pizza & Wings, 99 Fortin Road, Kingston, RI 02881. Application by Bahij Boutros, 62 Waites Corner Road, West Kingston, RI 02892. License No. BS-16-232.

 

SC Foods LLC d/b/a Pick Pockets Deli, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by David J. Carty, 34 Canonchet Way, Narragansett, RI 02882. License No. BS-16-342.

 

(CA)    6H.      UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Seaview Marketplace, Inc., 682 Matunuck Beach Road, Wakefield, RI 02879. Application by Daniel E. Saber, President, 159 Seabreeze Terrace, Wakefield, RI 02879; Renewals. License Nos. BS-16-344, 345.

 

(CA)    6I.        UNANIMOUSLY VOTED: to grant a Holiday Sales License to Prime Communications LP d/b/a AT & T Authorized Retailer, 3033 Tower Hill Road, Saunderstown, RI 02874. Application by Paula Kiefer, 12550 Reed Road, Suite 100, Sugar Land, TX 77478; Renewal. License No. BS-16-439.

 

(CA)    6J.       UNANIMOUSLY VOTED: to grant Automobile Junkyard Licenses to the following; Renewals:

 

Pitcher’s Garage, 2210 Post Road, Wakefield, RI 02879. Application by Paul Pitcher, P.O. Box 7, Wood River Junction, RI 02894. License No. BS-16-437.

 

Sherman’s Auto Parts, 379 Curtis Corner Road, Wakefield, RI 02879. Application by Warren S. Sherman, 6 President Drive, Narragansett, RI 02882. License No. BS-16-350.

 

(CA)    K.        UNANIMOUSLY VOTED: to grant Theater Licenses to the following; Renewals:

 

Contemporary Theater Company, 321 Main Street, Wakefield, RI 02879 for the Workshop. Application by Christopher J. Simpson, 321 Main Street, Wakefield, RI 02879. License No. BS-16-168.

 

Contemporary Theater Company, 327 Main Street, Wakefield, RI 02879 for the Theater. Application by Christopher J. Simpson, 321 Main Street, Wakefield, RI 02879. License No. BS-16-169.

 

(CA)    8C.      UNANIMOUSLY VOTED: that a communication dated March 6, 2017 from Stephen J. Elmasian, Armenian National Committee of RI requesting permission to fly their flag at Town Hall on April 24^th to mark the anniversary of the Armenian Genocide during World War I is received, placed on file and the Town Council directs that the request be granted. (3/9/2017 Miscellaneous, Item II G.)

 

(CA)    8H.      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)    13C.    UNANIMOUSLY VOTED: that a claim filed by Quentin Anthony, Esquire on behalf of his client, Krystle Ann Carpenter, relative to an incident that occurred on or about February 13, 2017 be referred to the Town Solicitor and the Town’s insurance carrier.

 

(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.”

 

13A.    New Business Item 13A is brought forward, and discussion ensues relative to adoption of the FY2017-2018 Town Council Preliminary Budget, as presented in the Town Manager’s FY2017-2018 Proposed Budget, as shown on the Agenda as Exhibit 2.

 

The Town Manager reviews the budget as presented in the amount of $94,535,411, and amendments proposed by the Council members.

 

The following amendments are agreed upon:

 

Health Care increase of $100,000 from $350,000 to $450,000 (account 523110)

Hope Hospice & Palliative Care RI increase of $1,000 from $1,500 to $2,500 (account 589602)

Welcome House of South County increase of $2,000 from $8,000 to $10,000 (account 589609)

Easter Seals RI increase of $1,000 from $1,000 to $2,000 (account 589613)

 

Contributions to Outside Agencies:

Fire Company donation increase of $1,800 from $3,600 to $5,400 (account 580108)

Wakefield Village Association increase of $1,500 from $3,500 to $5,000 (account 589706)

Washington County Community Development Corp. did not submit a request for funding and will be reduced by $1,000 to zero.

 

These additional expenditures totaling $106,300 will be offset by increasing the transfer from the Unassigned Fund Balance by $50,000, and increasing the tax levy.

 

Discussion continues, and Councilman Viele asks if the vote for the School Fund can be separated from the vote for the Municipal Budget.

 

The Town Solicitor advises that separate votes can be taken, and it is

 

VOTED: to adopt the FY2017-2018 Town Council Preliminary Budget as amended, in the amount of $23,787,355, with the exception of the School Fund, as shown as follows.

 

Councilman Viele recused himself with respect to funding for the Southern RI Chamber of Commerce.

 

Councilman DaCruz recused himself with respect to funding for the Fire Companies.

                                                                                                                                                                               

 

Proposed FY2017-2018 Town Council Preliminary Budget

 

 

 

 

 

 

 

 

 

 

 

 

 

The School Fund is considered.

 

The School Fund Revenue Statement is presented in the budget at $60,573,360, a 2% increase over the current year budget. The Tax Transfer to School Fund is proposed in the amount of $52,415,096.

 

A motion is made by Council Vice President Collins, seconded by Council President Healy, to approve the School Fund as presented in the amount of $60,573,360.

 

Discussion ensues.

 

Councilman Viele comments on this appropriation being a 2% increase which he doesn’t support.

 

Councilwoman Gledhill doesn’t support this proposed increase.

 

Councilman DaCruz states that the School deserves an increase but not at 2%.

 

Council President Healy notes the biggest increase is in benefits, health care is a substantial increase, these are a big part of their budget, we need to support our schools.

 

Council Vice President Collins supports this increase because of increased cost of salaries, declining state support, need to do a facilities study, maintain level of service for students.

 

Discussion ensues relative to declining enrollment, reduction in state aid, and affordability of living in this community.

 

The Town Manager advises that an increase of 2% in the tax transfer to school fund from $51,387,349 to $52,415,096 amounts to $1,027,747. This would represent 86.5% of the entire budget. There is a $480,721 reduction in State Aid, for a net increase of around $645,000. The overall budget increase, expenditure wise, is up 1.1%.

 

A vote is taken to approve the School Fund as presented, and the motion fails on a 3 to 2 vote as follows:

 

Collins – yes          Healy – yes         DaCruz – no             Gledhill – no             Viele – no

 

Councilman Viele makes a motion to level fund the Property Tax Transfer to School Fund at the current year budget amount of $51,387,349; it is seconded by Councilwoman Gledhill. A vote is taken and the motion fails on a 3 to 2 vote as follows:

 

Collins – no           Healy – no           DaCruz – no             Gledhill – yes            Viele – yes

 

A motion by Councilman DaCruz to increase the School Fund by 1.25% or $642,342 fails to gain a second, and the motion dies.

 

A motion is made by Council Vice President Collins, and seconded, to increase by 1.75% or $899,279 which would result in a tax transfer to school fund of $52,286,628 and a total School Fund of $60,444,892.

 

A vote is taken, and the motion fails on a 3 to 2 vote as follows:

 

Collins – yes          Healy – yes         DaCruz – no             Gledhill – no             Viele – no

 

A motion is made by Councilman DaCruz to increase by 1% or $513,874.

 

Councilwoman Gledhill asks if this would cover the salary increases. The Town Manager responds that salary increases would amount to approximately $776,000. Councilwoman Gledhill seconds the motion.

 

A vote is taken, and the motion fails 3 to 2 as follows:

 

Collins – no           Healy – no           DaCruz – yes            Gledhill – yes            Viele – no

 

A motion is made by Council Vice President Collins to increase by 1.5% or $770,810.

 

Discussion ensues.

 

A vote is taken, and the motion fails 3 to 2 as follows:

 

Collins – yes          Healy – yes         DaCruz – no             Gledhill – no             Viele – no

 

A motion is made by Councilwoman Gledhill, seconded by Councilman DaCruz to increase by 1%.

 

A vote is taken, and the motion fails 3 to 2 as follows:

 

Collins – no           Healy – no           DaCruz – yes            Gledhill – yes            Viele – no

 

A motion is made by Council Vice President Collins, seconded by Council President Healy to increase by 1.5%.

 

A vote is taken, and the motion fails 3 to 2 as follows:

 

Collins – yes          Healy – yes         DaCruz – no             Gledhill – no             Viele – no

 

A motion is made by Councilman DaCruz, seconded by Councilwoman Gledhill to increase by 1.25%.

 

A vote is taken, and the motion fails 3 to 2 as follows:

 

Collins – no           Healy – no           DaCruz – yes            Gledhill – yes            Viele – no

 

A motion is again made by Councilman DaCruz, seconded by Councilwoman Gledhill for an increase of 1.25%.

 

A vote is taken, and the motion fails 3 to 2 as follows:

 

Collins – no           Healy – no           DaCruz – yes            Gledhill – yes            Viele – no

 

Councilwoman Gledhill leaves the meeting at 8:20 PM.

 

A motion is made by Council Vice President Collins, seconded by Council President Healy to increase by 1.5% with consideration for further increases possible during the final budget process.

 

A vote is taken, and the motion fails, 2 to 2 as follows:

 

Collins – yes          Healy – yes         DaCruz – no             Gledhill – absent      Viele – no

 

A motion is made by Council Vice President Collins to increase by 1.4%.

 

A vote is taken, and the motion fails, 2 to 2 as follows:

 

Collins – yes          Healy – yes         DaCruz – no             Gledhill – absent      Viele – no

 

A motion is made by Councilman DaCruz, seconded by Council Vice President Collins to increase by 1.35% or $693,729, and it is

 

VOTED: to adopt the FY2017-2018 Town Council Preliminary School Budget as amended, in the amount of $60,239,342, as shown as follows.

 

Collins – yes          Healy – yes         DaCruz – yes            Gledhill – absent      Viele – no

 

 

FY 2017-2018 Town Council Preliminary School Budget

 

 

 

 

 

 

 

The School Committee will be responsible to balance the revenues.

 

The FY2017-2018 Budget Program All Funds is as follows:

 

 

 

 

 

 

6.         LICENSES

 

A.        The applicant is not present, and this item is deferred until the end of the meeting.

 

B.        The applicant is present and after testimony and discussion, it is

 

UNANIMOUSLY VOTED: to grant a Miscellaneous Peddler’s License to Swirls & Scoops, Inc., 1922 Kingstown Road, Wakefield, RI 02879. Application by Gerald DeMaria II, President, 681 Chestnut Hill Road, Wakefield, RI 02879; New. License No. BS-17-6.

 

C.        The applicant is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Holiday Sales License to Benny & Jack, Inc. d/b/a Benny and Jack, 577 Kingstown Road, Wakefield, RI 02879. Application by David Bilow, President, 301 Mulberry Drive, Wakefield, RI 02879; New. License No. BS-17-5.

 

D.        The applicant is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the KIAI 5K Road Race on Saturday, May 13, 2017 at 9 AM to Karate Instruction Assistance Initiative Inc. (KIAI), P.O. Box 274, Wakefield, RI 02880 subject to the execution of a hold harmless agreement, issuance of a Certificate of Insurance naming the Town as an additional insured in the amounts specified by the Finance Director, and approval by the Town’s Traffic and Transportation Review Committee. Application by Jessica A. D’Abrosca, 16 Carpenter Street, Attleboro, MA 02703; Renewal. License No. SE-17-4.

 

E.        Helen Drew is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the Metric Century 100 km cycling ride on Saturday, May 13, 2017 at 8 AM to Welcome House of South County, 8 North Road, Peace Dale, RI 02879 subject to the execution of a hold harmless agreement, issuance of a Certificate of Insurance naming the Town as an additional insured in the amounts specified by the Finance Director, approval by the RI Department of Transportation and by the Town’s Traffic and Transportation Review Committee. Application by Joseph Dziobek, 37 East Matunuck Farm Drive, Wakefield, RI 02879; New. License No. SE-17-3.

 

F.         The applicant is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Victualling License to Flatwaves LLC d/b/a Flat Waves Food Shack, 99 Fortin Road, Suite 131, Kingston, RI 02881 subject to approval by the Communications Superintendent, Kingston Fire Chief, Public Services Director, RI Department of Health and issuance of a Certificate of Occupancy. Application by William Burgess, 16 Dudley Avenue, Apt. 2, Newport, RI 02840; New. License No. BS-17-11.

 

7.         PUBLIC HEARINGS

 

A.        Notice having been duly given, a Public Hearing is held to consider proposed amendments to the Zoning Ordinance relative to Article 5. Supplementary Regulations, Section 504. Special use permits that would add Section 504.14 Household Occupancy by More than Three Unrelated Individuals, and amend Article 12. Definitions, Item (66) Household, as shown on the Agenda as Exhibit 1.

 

Communications received from the following are referenced and placed on file:

 

Russell Bertrand – support

David R. Cook – support

Maria Croteau – support

Jacqulyn Edwards – support

Sasha Kahele-Manners and Alika Manners – support

Marie Reynolds – support

Ina Sciabarrasi – support

Christopher Little – suggests longer duration for the Special Use Permit

Doug Wardwell – opposed

 

Chelsea Siefert, Director of Planning gives a presentation.

 

A communication dated February 15, 2017 from the Planning Board providing their recommendation to enact these revisions is referenced and placed on file.

 

Helen Drew, on behalf of Welcome House speaks in favor.

 

The following are present and comment:

 

Joanne Costanza

Zach Schartner

Tom Green

Paul Schurman

Randy Dimock

Jim O’Neill

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to adopt amendments to the Zoning Ordinance, Article 5. Supplementary Regulations, Section 504. Special use permits that add Section 504.14 Household Occupancy by More than Three Unrelated Individuals, amending the expiration of Special Use Permits from 2 years to 3 years, and amend Article 12. Definitions, Item (66) Household; incorporating the Planning Board’s Findings of Fact, Consistency with the Comprehensive Community Plan and Consistency with the Purposes of Zoning, as shown as follows:

 

AMENDMENTS TO THE ZONING ORDINANCE

HOUSEHOLD OCCUPANCY BY MORE THAN THREE UNRELATED PERSONS

 

ARTICLE 5. SUPPLEMENTARY REGULATIONS

 

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

 

Section 504. Special use permits.

 

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ADD:

 

Section 504.14. Household Occupancy by More Than Three Unrelated Individuals.

 

1. The purposes of this section, Household Occupancy by More Than Three Unrelated Individuals, are as follows:

 

1.    To establish procedural requirements and standards relative to permitting household occupancy by more than three unrelated individuals in residential buildings within the town.

2.    Provide a clear and effective means that will enable timely enforcement of standards, criteria, and conditions, and enable the abatement of nuisance conditions that may arise from such occupancy.

3.    Protect the quality of life in residential neighborhoods in the community through such regulations, enforcement, conditions and minimum standards.

4.    Ensure that the proposed occupancy is in accordance with the ordinance requirements and the fit of the proposed usage is appropriate for the context of its setting.

5.    Establish a public review and hearing procedure before the Zoning Board for the consideration of a Special Use Permit to allow this type of household occupancy.

 

2. Household occupancy by more than three unrelated persons may be permitted by Special Use Permit in all residential zones subject to the following criteria, minimum standards and conditions:

 

1.    All Special Use Permits granted under this section shall expire after two (2) three (3) years.  If a property owner desires to continue use of the property for household occupancy by more than three unrelated individuals, re-application must be made to the Zoning Board of Review for a renewal Special Use Permit prior to the date of expiration.

2.    Development plan review and approval shall be required for all initial and renewal applications for Special Use Permits pursuant to this section.  Development plan review shall not be required for applications relative to properties that have previously been granted a Special Use Permit under this section, unless the Special Use Permit has expired prior to re-application or unless substantial changes are proposed, as determined by the Administrative Officer upon referral by the Zoning Enforcement Officer.  When required, development plan review is to be conducted by the Planning Board, and shall be a pre-requisite to formal consideration of the application by the Zoning Board of Review.  In addition to the standards set forth in the Town’s Subdivision and Land Development Regulations, development plan review applications shall include proposed exterior building elevations and interior floor plans.

3.    The property must be in conformance with the Town’s Zoning Ordinance and the Rhode Island State Building Code for the proposed occupancy.

4.    There shall be one parking space for each potential occupant.  The proposed parking area shall be delineated on the site.  Impervious parking surfaces (paved, pavers, etc.) are preferred, however pervious surfaces may be permitted subject to the Planning Board’s recommendation during the development plan review process.  There shall be no parking on lawn or landscaped areas.  The proposed parking areas shall be limited to occupants of the property and their guests.  There shall be no rental, lease or grant of the use of parking spaces by non-occupants.  The parking area(s) shall comply with the standards set forth in the Town’s Subdivision and Land Development Regulations relative to parking lot design and landscaping.

5.    There shall be at least 330 sq. ft. of GLFA (gross leasable floor area, see Article 12. definition (59)) of the building per proposed occupant.  There shall be a minimum of 70 sq. ft. of bedroom area for bedrooms containing one occupant.  There shall be a minimum of 100 sq. ft. of bedroom area for bedrooms containing two occupants.  There shall be no more than two occupants per bedroom.

6.    The property’s exterior appearance as a single-household residence shall be maintained.  For any proposed occupancy of duplex and multi-household occupancy under this section exterior appearance of the premises shall be of a residential character.

7.    The owner shall file with the Town’s Zoning Officer, the name and contact information of the person or agency acting as the property manager.  The property manager shall be a resident of the State of Rhode Island.  Such information shall be updated annually or as necessary if changes to property management are made.  All complaints or notices of violations shall be forwarded directly to the identified property manager and the owner of the property.

8.    Prior to initial occupancy, the premises for which a Special Use Permit is granted shall be subject to inspection for building and fire code compliance by the South Kingstown Building Official/Zoning Officer and requisite fire district (Kingston Fire District or Union Fire District, as applicable).  Properties determined to be non-compliant regarding building or fire code requirements shall not be occupied under this section until such issues are resolved.

9.    In granting any Special Use Permit pursuant to this section the Zoning Board of Review may impose any and all conditions determined to be necessary to achieve the purposes and intents of this Section and Section 907 A. 2. B.

10. In addition to the standards set forth in Section 907, when granting a renewal Special Use Permit under this section, the Zoning Board of Review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

a.    That compliance with the requirements of this section has been maintained during the previous two (2) three (3) year period, or that prompt action was taken to correct any identified deficiencies;

b.    That there is no record of police activity relative to the subject property for the previous two (2) three (3) year period, or that prompt action was taken to correct any issues that may have led to police action; and

c.    That there were no complaints registered with the Zoning Enforcement Officer by neighboring property owners, or that prompt action was taken to correct any issues that may have led to the complaint.

 

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

 

AMEND:

 

ARTICLE 12. DEFINITIONS

 

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(66) Household. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

 

      A.  A family, which may also include servants and employees living with the family; or

      B.  A person or group, not exceeding three unrelated persons, living together.  Household occupancy by more than three unrelated persons may be permitted by Special Use Permit in all residential dwellings subject to the provisions of Section 504.14.

 

 

The Planning Board recommendations in this regard are based upon the following Findings of Fact relating to Consistency with the South Kingstown Comprehensive Community Plan and Purposes of Zoning per RIGL Title 45 Chapter 24, ‘the Zoning Enabling Act of 1991’ as noted below:

 

Findings of Fact, Consistency with the Comprehensive Community Plan

1.    The proposed amendments are consistent with Policy 1.3 of the Housing Element’s Action Plan, ‘Utilize policies and regulatory tools to support and maintain quality housing opportunities and sustainable residential development that is accessible by all populations, ages, abilities, and modes of transportation.’

2.    The proposed amendments are consistent with Policy 2.2 of the Housing Element’s Action Plan, ‘Develop a range of affordable rental opportunities throughout the Town of South Kingstown.’

3.    The proposed amendments are consistent with Goal 3 of the Land Use Element’s Action Plan, ‘To promote and require high standards of development to preserve and enhance quality of life, to encourage a sense of community, to support a healthy, walkable environment and to protect the natural resources of the Town.’

4.    The proposed amendments are consistent with Goal 5 of the Land Use Element’s Action Plan, ‘To create affordable housing opportunities for all income levels, age groups and population types within Town.’

 

Findings of Fact, Consistency with the Purposes of Zoning

The Planning Board finds that the proposed zoning amendments are consistent with the following general purposes of zoning ordinances per RIGL § 45-24-30:

 

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

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

3.    Providing for orderly growth and development which recognizes:

                              i.        The goals and patterns of land use contained in the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title;

                           iii.        The availability and capacity of existing and planned public and/or private services and facilities;

                           iv.        The use of innovative development regulations and techniques.

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.

14. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.

15. Providing for procedures for the administration of the zoning ordinance, including but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.”

 

B.        A Public Informational Presentation of the 2^nd year progress report on the Elks Lodge’s Free Home Maintenance and Repair Assistance Program (HoMRAP) is given by Ken Kenerson, representing the South Kingstown Elks Lodge #1899.

 

Copies of the report are submitted to the Council.

 

Jim O’Neill is present and comments.

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to close the Public Informational Hearing. 

 

8.         COMMUNICATIONS

 

A.        UNANIMOUSLY VOTED: that a communication dated February 22, 2017 from Dorian Boardman submitting her resignation from the Conservation Commission effective March 1^st is received, placed on file, and the Town Council directs that a letter of thanks be sent. (3/2/2017 Interim, Item D.)

 

B.        UNANIMOUSLY VOTED: to continue to March 27, 2017 consideration of resolutions adopted February 7, 2017 by the South Kingstown School Committee concerning Group Home Aid; Concealed Firearms on School Grounds; Teacher Tenure Act; Early College, Dual and Concurrent Enrollment Regulation; Curriculum and Instruction in Health and Physical Education (House Bill H-5120); Student Transportation; and Student Assessment Information and Stakeholder Reports. (3/2/2017 Interim, Item E.)

 

D.        Dennis Bowman is present, discussion ensues, and it is

 

UNANIMOUSLY VOTED: that a communication dated March 8, 2017 from Dennis Bowman on behalf of the Friends of Green Hill Pond requesting $25,000 in matching funds to conduct Phase I of a study aimed at improving water circulation in Green Hill Pond is received, placed on file, and referred to the Director of Public Services. (3/9/2017 Miscellaneous, Item II H.)

 

E.        UNANIMOUSLY VOTED: that a resolution adopted March 6, 2017 by the Narragansett Town Council opposing the legalization of marijuana and the creation of a commercial marijuana industry is received and placed on file. (3/9/2017 Miscellaneous, Item II F.)

 

F.         Ken Burke is present on behalf of the Healthy Places by Design group, and indicates that they are in agreement with the Bike-Ped Committee proposed by Council Vice President Collins. Discussion ensues, and it is

 

UNANIMOUSLY VOTED: that a communication dated March 8, 2017 from members of the Healthy Places by Design group requesting consideration of two recommendations regarding pedestrian and bicycle safety is received and placed on file. (3/9/2017 Miscellaneous, Item II D.)

 

G.        Ken Burke and Kateri Collins comment in favor of a Bike-Ped Committee, and it is

 

UNANIMOUSLY VOTED: that a communication dated March 8, 2017 from Council Vice President Abel Collins proposing a South Kingstown Bicycle – Pedestrian Advisory Committee charge is received and placed on file, and the Town Council adopts the charge, as amended with membership consisting of a minimum of 5, a maximum of 9 members, as shown as follows. (3/9/2017 Miscellaneous, Item II E.)

 

South Kingstown Bicycle-Pedestrian Advisory Committee

 

Mission Statement:

 

The Bicycle-Pedestrian Advisory Committee (BPAC) is an “ad hoc” (special purpose) body of the Town whose mission is to promote walking and biking across the community, including but not limited to incorporating the consideration of the needs of cyclists and pedestrians in the Town’s circulation system and infrastructure through education and outreach efforts involving town officials, residents and commercial entities.  The Committee evaluates and makes recommendations to the Town Council regarding general bikeability and walkability initiatives.

 

Committee Composition and Administrative Support:

 

The BPAC shall consist of a minimum of five (5) and a maximum of nine (9) members appointed by the Town Council; members shall be residents of the Town.  It is intended that the membership be diverse and provide broad based community representation and diverse points of view concerning transportation circulation issues.  Committee members should have interest and expertise in biking, walking, public transit, and mobility.  The Planning Department will provide general administrative support for the committee.

 

Bicycle – Pedestrian Advisory Committee Charge:

 

Primary Goals/Initial Work Items:

·         Promote a systematic method for ongoing citizen input into the development of important circulation policies, plans, and projects

·         Review and give input on relevant policy and planning documents

·         Advocate for development of a comprehensive bicycle and pedestrian master plan and identify funding options for the implementation of the bicycle and pedestrian projects

·         Investigate how making South Kingstown a safer place for pedestrians, cyclists and wheelchair users can increase our residents' health, safety, and well-being while benefiting our local economy by increasing bicycle tourism.

9.         COMMENTS FROM INTERESTED CITIZENS

 

Council President Healy invites residents to come forward with comments.

 

Therese Martin is present on behalf of the Peace Dale Neighborhood Revitalization group and apologizes for missing the budget hearing at which their request was considered, and thanks the Town Council for their continued funding.

 

Jim O’Neill comments on the School budget.

 

10.       TOWN MANAGER’S REPORT

 

The Town Manager’s Interim Report dated March 2, 2017, and the Agenda and Miscellaneous Reports dated March 9, 2017 are accepted, approved and placed on file.

 

11.       TOWN SOLICITOR’S REPORT – none

 

12.       APPOINTMENTS

 

A.        UNANIMOUSLY VOTED: to appoint Donna L. Gilton to the Library Board of Trustees to complete a term to expire in July 2017.

 

13.       NEW BUSINESS

 

E.        UNANIMOUSLY VOTED: to authorize an award of bid to Ruggieri Flooring, Inc., 1191 Pontiac Avenue, Cranston, RI 02920 for Town Hall carpeting in an amount not to exceed $52,775, including a contingency of $7,000; and as further described in a memorandum from the Building Official to the Town Manager dated March 2, 2017 and entitled “Award of Bid – Town Hall Carpeting (SK0001TH).”

 

F.         UNANIMOUSLY VOTED: to authorize an award of contract to Matchpoint Water Asset Management, Inc., 215 Racine Drive, Suite 201, Wilmington, NC 28403 for leak detection services in an amount not to exceed $12,000, including a contingency; and as further described in a memorandum from the Public Services Director to the Town Manager dated March 7, 2017 and entitled “Leak Detection Services Contract Recommendation.”

G.        A resolution authorizing the Town Manager to execute RI Department of Transportation Construction and Maintenance Agreements for High Street Improvements is considered.

 

The following are present and comment:

 

Ken Tetzner

Jenn Judge

Ken Burke

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to continue to March 27, 2017 consideration of a resolution authorizing the Town Manager to execute RI Department of Transportation Construction and Maintenance Agreements for High Street Improvements; as further detailed in a memorandum from the Public Services Director to the Town Manager dated March 8, 2017 and entitled “High Street Improvements – Stormwater Sand Filters – Construction & Maintenance Agreement.”

 

6A.      UNANIMOUSLY VOTED: to continue to March 27, 2017 consideration of an application for a Holiday Sales License filed by Sprint Spectrum, LP, 20 Main Street, Suite F, Wakefield, RI  02879.  Application by Laura Veit, 6500 Sprint Parkway 5ATTX, Overland Park, KS 66251; New; continued from February 27, 2017. , continuted

 

UNANIMOUSLY VOTED:  to adjourn at 10:30 PM.

 

Dale S. Holberton, CMC

Town Clerk