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WORK SESSION

 

SEPTEMBER 11, 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 11^th day of September 2017 at 6:45 PM.

 

            PRESENT:    Abel G. Collins, Vice President

                                    Bryant C. DaCruz

                                    Liz Gledhill

                                    Joe Viele

 

 

1.         A.        WORK SESSION

 

 

Discussion ensues relative to the draft of the consultant’s recruitment brochure for the Town Manager position, changes made to it and the preliminary approval.

 

Discussion ensues relative to License Item 6D granting a Miscellaneous Permit to conduct the Matunuck Half Marathon / 5K road race on Sunday, May 6, 2018 at 8 AM to Ocean State Multisport, P.O. Box 14103, East Providence, RI 02914 subject to the execution of a hold harmless agreement indemnifying the Town, issuance of a Certificate of Insurance naming the Town as an additional insured for the event in the amounts specified by the Town, approval by the RI Department of Transportation, and subject to any conditions set by the Town’s Transportation and Traffic Review Committee.  The applicant needs to clarify the race route as it pertains to the turn on Moonstone Beach Road.  The turn needs to be a left hand turn to Cards Pond Road.

  

Discussion ensues relative to License Item 6F granting a Dance License to SWT, LLC d/b/a Salt Water Tavern, 195 Main Street, Wakefield, RI 02879 subject to approval by the Police Chief.  There is concern with the Wednesday night dance operation and it is recommended they hire a police detail and meet certain other criteria.

 

Discussion ensues relative to Public Hearing Item 7A in regard to an application for an amendment to the Zoning Map to change the zoning of a portion (200,000 square feet) of Assessor’s Plat 14, Lot 65 from “OS – Open Space, Conservation and Recreation” to “R200 – Rural Very Low Density Residential”. The parcel is located at 500 Waites Corner Road. Application by Nicholas Gorham, Esquire on behalf of Cottrell Homestead, LLC, 500 Waites Corner Road, West Kingston, RI 02892.

 

Discussion ensues relative to Communication Item 8A adopted August 7, 2017 by the North Smithfield Town Council in support of House Bill H 6204 An Act Relating to Highways – Maintenance of Town Highways that would require utility companies to repair roadways disturbed by their operations. 

 

Discussion ensues relative to Communication Item 8B dated August 25, 2017 from Joseph Dziobek, Executive Director, Welcome House of South County requesting waiver of their Payments In Lieu Of Taxes (PILOT) for this year due to the loss of Community Development Block Grant (CDBG) funding.

 

Discussion ensues relative to Communication Item 8C dated September 5, 2017 from Tony Silbert, Vice Chair, Sustainability Committee seeking Town funding up to $1,000 to host a Sustainable SK Forum.  There are potential problems with complying with the Open Meetings Law requirements and the handicapped accessibility standards at the proposed venue.  A private group could hold an event and invite the members of the Sustainability Committee.

 

Discussion ensues relative New Business Item 13D adopting a proclamation recognizing September 2017 as Military Suicide Awareness Month in the Town of South Kingstown  and New Business Item 12E adopting a proclamation in support of Small Business Saturday.  

 

Discussion ensues relative to New Business Item 13F approving [as amended] the draft Recruitment Brochure for the position of Town Manager as prepared by The Mercer Group, Inc., 1201 Little Lake Hill Drive, Raleigh, NC 27607, and authorizing the Town Council President to approve the final version.

 

Discussion ensues relative to New Business Item 13G granting the joint petition of National Grid and Verizon New England to relocate poles on Matunuck Beach Road.

 

Discussion ensues relative to New Business Item 13H authorizing the Finance Director to administer the changes necessary to comply with State Law in regard to the motor vehicle phase out procedure in the most cost efficient, appropriate manner, contingent upon confirmation from the Department of Revenue that the handling of taxpayer’s credit(s) due is appropriate and consistent within the language of the law; and as further detailed in a memorandum from the Finance Director to the Town Manager dated September 7, 2017 and entitled “Motor Vehicle and Trailer Excise Tax Phase Out Recommendation.”

 

Discussion ensues relative to New Business Item 13C directing staff to prepare an application for the 2017 Solarize RI Program, and authorizing the Town Manager to execute the same.  The Town Manager is further directed to transmit the application to the Rhode Island Office of Energy Resources in advance of the September 25, 2017 deadline; as further described in a memorandum from the Director of Planning to the Town Manager dated September 1, 2017 and entitled “Solarize Rhode Island Request for Application.”

 

Discussion ensues relative to New Business Item 13A in regard to Civil Action No. WC-2017-0389 filed in Washington County Superior Court by Isabel Del Vecchio, Esquire on behalf of her client, Kathryn Johnson as parent of Brady Johnson, a minor child, relative to an incident that occurred on or about April 16, 2015; and New Business Item 13B in regard to  claims filed by Gil A. Bianchi, Jr., Esquire on behalf of his clients, Vidcar Castillo, Ibony I. Lopez, and Ronal Rodas for alleged injuries and damages relative to an incident that occurred on or about October 15, 2016.

 

Discussion ensues relative to the $25,000 appropriation authorized by the Town Council to conduct a study in regard to Green Hill Pond. The Town of Charlestown has withdrawn its commitment towards the study. 

 

Convened to Regular Session.

 

 

Dale S. Holberton, CMC

Town Clerk

 

 

 

REGULAR SESSION

 

SEPTEMBER 11, 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 11^th day of September 2017 at 7:30 PM.

 

            PRESENT:    Abel G. Collins, Vice President

                                    Bryant C. DaCruz

Liz Gledhill

                                    Joe Viele

 

 

 

1.         B.        REGULAR SESSION

 

2.         PLEDGE OF ALLEGIANCE TO THE FLAG

 

The Pledge of Allegiance to the flag is given. A moment of silence is observed in remembrance of 9/11 and for the victims of Hurricane Harvey and Hurricane Irma.

 

3.         ROLL CALL

 

Roll Call is taken and four members are present. Council President Healy is absent.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on August 15, 2017 are accepted, approved and placed on file.

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on August 15, 2017 are accepted, approved and placed on file.

 

C.        Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on August 15, 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)    8A.      UNANIMOUSLY VOTED: that a resolution adopted August 7, 2017 by the North Smithfield Town Council in support of House Bill H 6204 An Act Relating to Highways – Maintenance of Town Highways that would require utility companies to repair roadways disturbed by their operations is received and placed on file. (8/24/2017 Interim, Item B.)

 

(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)    13A.    UNANIMOUSLY VOTED: that Civil Action No. WC-2017-0389 filed in Washington County Superior Court by Isabel Del Vecchio, Esquire on behalf of her client, Kathryn Johnson as parent of Brady Johnson, a minor child, relative to an incident that occurred on or about April 16, 2015 be referred to the Town Solicitor, the Town’s insurance carrier, and the School Superintendent.

           

(CA)    13B.    UNANIMOUSLY VOTED: that claims filed by Gil A. Bianchi, Jr., Esquire on behalf of his clients, Vidcar Castillo, Ibony I. Lopez, and Ronal Rodas for alleged injuries and damages relative to an incident that occurred on or about October 15, 2016 be referred to the Town Solicitor and the Town’s insurance carrier.

 

(CA)    13G.    UNANIMOUSLY VOTED: to grant the joint petition of National Grid and Verizon New England for the use of the public ways named for the purposes stated in said petition, and that the work be done subject to the supervision of the Director of Public Services, as follows:

 

To relocate Poles #69 and #71 and remove Pole #70 on Matunuck Beach Road as described in Joint Petition #24089212, conditioned upon the removal of all existing double poles along the entire length of Matunuck Beach Road prior to new pole(s) placement; and any new double pole created as part of this request be removed within sixty (60) calendar days of new pole(s) placement, and subject to notification to the Town for municipal utility mark-out prior to setting the poles.  Said petition is further described in a memorandum from the Public Services Director to the Town Manager dated September 7, 2017 and entitled “National Grid Pole Setting Request – Matunuck Beach Road.” Book 6, Page 2.

 

(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.        Jen Martin is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Class F 19 Hour Beverage License to Easter Seals Rhode Island, 213 Robinson Street, Wakefield, RI 02879 for an event to be held on Sunday, November 19, 2017 from 10 AM to 4:30 PM under a tent in the parking lot at 456 Main Street in conjunction with the Mews Tavern Gear & Beer 6.9K road race. Application by Jennifer Martin, Easter Seals Rhode Island, 213 Robinson Street, Wakefield, RI 02879. License No. AL-17-12; and

 

B.        UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the Mews Tavern Gear and Beer 6.9K road race on Sunday, November 19, 2017 at 12 PM to David Barnes Development Inc. d/b/a Mews Tavern, 456 Main Street, 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 for the event in the amounts specified by the Town, approval by the RI Department of Transportation, and subject to any conditions set by the Town’s Transportation and Traffic Review Committee. Proceeds to benefit Easter Seals Rhode Island. Application by Daniel Rubino, Vice President, P.O. Box 5179, Wakefield, RI 02880; Renewal. License No. SE-17-13.

 

C.        Elizabeth Berman is present, and after testimony and discussion it is

 

VOTED: to grant a Class F-1 19 Hour Beverage License to Southern Rhode Island Chamber of Commerce, 230 Old Tower Hill Road, Wakefield, RI 02879 for the “Taste of Southern Rhode Island” event to be held on Thursday, October 19, 2017 from 5 PM to 8 PM under a tent in the field at Clark Farms, 2984 Commodore Perry Highway. Application by Elizabeth Berman, Director, SRICC, 230 Old Tower Hill Road, Wakefield, RI 02879. License No. AL-17-13.

 

Councilman Viele recused himself.

 

D.        Gary Menissian is present and testifies regarding the corrected race route, and after discussion it is

 

UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the Matunuck Half Marathon / 5K road race on Sunday, May 6, 2018 at 8 AM to Ocean State Multisport, P.O. Box 14103, East Providence, RI 02914 subject to the execution of a hold harmless agreement indemnifying the Town, issuance of a Certificate of Insurance naming the Town as an additional insured for the event in the amounts specified by the Town, approval by the RI Department of Transportation, and subject to any conditions set by the Town’s Transportation and Traffic Review Committee. Proceeds to benefit the South Kingstown Senior Center and the Kerri Lynn Bessette Female Athletic Scholarship Fund. Application by Gary Menissian, Race Director, 98 James Street, East Providence, RI 02914; Renewal. License No. SE-17-12.

 

E.        Mike Harrington is present, and after testimony and discussion it is

 

UNANIMOUSLY VOTED: to grant a Victualling License to Cey Cey’s LLC d/b/a Cey Cey’s Café and Bakery, 682 Kingstown Road, Wakefield, RI 02879 subject to issuance of a Certificate of Occupancy. Application by Karen Harrington, Member, 630 Shannock Road, Wakefield, RI 02879; New. License No. BS-17-29.

 

F.         Scott Sogard is present and discussion ensues relative to the application for a Dance License filed by Salt Water Tavern. Topics of concern include whether dancing will be limited to the second floor, noise levels, and restriction of activities or loitering outside the building. Mr. Sogard testifies that the restaurant will comply with noise levels and hire security if necessary.

 

Police Chief Joseph P. Geaber, Jr. indicates that security details should be required for college event nights.

 

Long discussion ensues, and it is

 

UNANIMOUSLY VOTED: to grant a Dance License to SWT, LLC d/b/a Salt Water Tavern, 195 Main Street, Wakefield, RI 02879 subject to approval by the Police Chief. Application by Scott Sogard, Member, P.O. Box 111, East Greenwich, RI 02818; New. License No. BS-17-41.

 

7.         PUBLIC HEARING

A.        Notice having been duly given, a Public Hearing is continued from August 15, 2017 to consider an application for an amendment to the Zoning Map to change the zoning of a portion (200,000 square feet) of Assessor’s Plat 14, Lot 65 from “OS – Open Space, Conservation and Recreation” to “R200 – Rural Very Low Density Residential.” The parcel is located at 500 Waites Corner Road. Application by Nicholas Gorham, Esquire on behalf of Cottrell Homestead, LLC, 500 Waites Corner Road, West Kingston, RI 02892.

 

 

Background information relative to this Public Hearing regarding a requested Zoning Map Amendment relative to rezoning 200,000 square feet of property located at 500 Waites Corner Road, from OS to R200 was previously distributed to the Town Council with the August 20, 2017 Town Manager's Report, Agenda Item I 7B and the July 20, 2017 Town Manager's Report, Agenda Item I 13B.

 

 

Attorney Jane Gurzenda is present and testifies on behalf of Cottrell Homestead.

 

A communication dated July 26, 2017 from the Planning Board providing their recommendations for approval is referenced and placed on file.

 

John Taylor Ellis of Waites Corner Road is present and comments.

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to approve an application for an amendment to the Zoning Map to change the zoning of a portion (200,000 square feet) of Assessor’s Plat 14, Lot 65 from “OS – Open Space, Conservation and Recreation” to “R200 – Rural Very Low Density Residential,” as shown below. The parcel is located at 500 Waites Corner Road. Application by Nicholas Gorham, Esquire on behalf of Cottrell Homestead, LLC, 500 Waites Corner Road, West Kingston, RI 02892.

 

Said approval incorporates the Planning Board’s Findings of Fact, Consistency with the Comprehensive Community Plan and Findings of Fact, Consistency with the Purposes of Zoning as contained in their letter dated July 26, 2017, as follows:

 

Findings of Fact, Consistency with the Comprehensive Plan

 

1.    The proposed map amendment is consistent with the Land Use Action Plan’s overall policy statement, ‘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.    The proposed map amendment is consistent with Goal 6 of the Land Use Element, ‘To protect and preserve a diversity of landscapes within the Town.’

3.    The proposed map amendment is consistent with Policy 6.1 of the Land Use Element, ‘The Town supports the preservation of farmland for farming activities and encourages a local healthy food system by providing opportunities for local farmers to sell their products locally.’

4.    The proposed map amendment is consistent with Policy 1.3 of the Housing Element, ‘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.’

5.    The proposed map amendment is consistent with the Economic Development Action Plan’s overall policy statement, ‘To follow a path of balanced economic growth having the following attributes: a) protection of sensitive environmental areas; b) provision of economic opportunities; c) protection of the public health, safety and welfare; d) high quality of design in commercial development; and e) stabilization of an affordable municipal tax rate.’

6.    The proposed map amendment is consistent with Goal 1 of the Economic Development Element, ‘To foster a local economy that provides opportunities for a diverse collection of business and industry.’

7.    The proposed map amendment is consistent with Goal 3 of the Natural and Cultural Resources Element, ‘To protect and preserve agricultural land in Town.’

 

 

Findings of Fact, Consistency with the Purposes of Zoning

 

The proposed amendments are consistent with the following general purposes of zoning, as described in RIGL Title 45, Chapter 24, Section 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 Town and reflecting current and expected future needs;

3.    Providing for orderly growth and development that recognizes:

a.    The goals and patterns of land use contained in the comprehensive plan of the Town adopted pursuant to chapter 22.2 of this title;

b.    The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution; and

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

4.    Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space; and

5.    Promoting implementation of the comprehensive plan of the Town adopted pursuant to chapter 22.2 of this title.

 

 

 

8.         COMMUNICATIONS

 

B.        Joseph Dziobek Executive Director, Welcome House of South County is present and discusses his letter requesting waiver of their Payments In Lieu Of Taxes (PILOT) for this year due to the loss of Community Development Block Grant (CDBG) funding. (8/31/2017 Interim, Item F.)

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to authorize the Finance Director to issue a check to the Welcome House of South County in the amount of $5,076.80, for the payment of its Payments in Lieu of Taxes (PILOT) for this year due to the loss of Community Development Block Grant (CDBG) funding.  The Welcome House of South County will be responsible for any late payment fees accrued.

 

C.        Discussion ensues, and it is

 

UNANIMOUSLY VOTED: that a communication dated September 5, 2017 from Tony Silbert, Vice Chair, Sustainability Committee seeking Town funding up to $1,000 to host a Sustainable SK Forum is received and placed on file. (9/7/2017 Miscellaneous, Item II F.)

 

9.         COMMENTS FROM INTERESTED CITIZENS

 

Council Vice President Collins invites residents to come forward with comments.

 

Dale Brown is present and discusses problems created by cars parking on sidewalks.

 

10.       TOWN MANAGER’S REPORT

 

The Town Manager’s Interim Reports dated August 17, August 24 and August 31, 2017, and the Agenda and Miscellaneous Reports dated September 7, 2017 are accepted, approved and placed on file.

 

11.       TOWN SOLICITOR’S REPORT

 

Town Solicitor Michael A. Ursillo notes that he will prepare revisions to the existing Immigration Protection resolution for the Council’s review at the next meeting.

 

12.       APPOINTMENTS – none

 

13.       NEW BUSINESS

 

C.        UNANIMOUSLY VOTED: to direct staff to prepare an application for the 2017 Solarize RI Program, and authorizing the Town Manager to execute the same.  The Town Manager is further directed to transmit the application to the Rhode Island Office of Energy Resources in advance of the September 25, 2017 deadline; as further described in a memorandum from the Director of Planning to the Town Manager dated September 1, 2017 and entitled “Solarize Rhode Island Request for Application.”

 

D.        UNANIMOUSLY VOTED: to adopt a proclamation recognizing September 2017 as Military Suicide Awareness Month in the Town of South Kingstown, as follows:

 

MILITARY SUICIDE AWARENESS MONTH

 

WHEREAS,  family matters, support matters, and every military Veteran matters, this September, Suicide Prevention Month encourages Veterans and their loved ones to focus on the things that give life meaning, the things that matter; anyone who knows a Veteran can help, and

 

WHEREAS,  whether a Veteran has just returned home or served years ago, their experiences remain with them, their wounds might not be visible, but they need our attention.  We can support Veterans who are dealing with challenges of all kinds; we’re in this together, and

 

WHEREAS,  the U.S. Department of Veterans Affairs (VA) urges groups and individuals nationwide to stay alert for signs of suicide risk in the Veterans they care about.  If you’re concerned about the Veteran in your life, lending a hand doesn’t have to be hard, just talking about it opens the door to finding support and the Veterans Crisis Line can help, and

 

WHEREAS,  the first step in preventing suicide is to understand the warning signs; people may show signs of risk before considering harming themselves.  Warning signs include: hopelessness, anxiety, agitation, sleeplessness, or mood swings, rage or anger, engaging in risky activities, increasing alcohol or drug abuse, and withdrawing from family and friends.

 

WHEREAS, the Veterans Crisis Line is a free, confidential resource that Veterans and their families and friends can access any day, any time.  Trained professionals at the Veterans Crisis Line, many who are Veterans themselves are ready to listen, providing free confidential support, 24/7, 365 days a year, and 

 

WHEREAS,  the VA counts on grassroots networks and community organizations to spread the word that support is just a call, click, or text away.  It’s up to all of us to get educated, get involved, and take action to help Veterans access the support and care they deserve, and

 

NOW THEREFORE WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN proclaim September 2017 as MILITARY SUICIDE AWARENESS MONTH in the Town of South Kingstown and request our residents to let a Veteran know they are not alone and that they matter.

 

E.        UNANIMOUSLY VOTED: to adopt a proclamation in support of Small Business Saturday, as follows:

 

SMALL BUSINESS SATURDAY

 

WHEREAS,  the Town Council of the Town of South Kingstown celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are currently 28.8 million small businesses in the United States: they represent 99.7% of all businesses with employees in the United States, and are responsible for 63% of net new jobs created over the past 20 years; and

 

WHEREAS,  small businesses employ 48% of the employees in the private sector in the United States; and

 

WHEREAS,  on average, 33% of consumers’ holiday shopping will be done at small, independently-owned retailers and restaurants; and

 

WHEREAS,  91% of all consumers believe that supporting small, independently-owned restaurants and bars is important; and

 

WHEREAS,  76% of all consumers plan to go to one or more small businesses as part of their holiday shopping; and

 

WHEREAS,  South Kingstown supports its local businesses that create jobs, boost our local economy and preserve our neighborhoods; and

 

WHEREAS,  advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday.

 

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim November 25, 2017 as SMALL BUSINESS SATURDAY and urge the residents of our community, and communities across the country, to support small businesses and merchants on SMALL BUSINESS SATURDAY and throughout the year.

 

F.         UNANIMOUSLY VOTED: to approve the draft Recruitment Brochure for the position of Town Manager as prepared by The Mercer Group, Inc., 1201 Little Lake Hill Drive, Raleigh, NC 27607, and authorizing the Town Council President to approve the final version.

 

H.        UNANIMOUSLY VOTED: to authorize the Finance Director to administer the changes necessary to comply with State Law in regard to the motor vehicle phase out procedure in the most cost efficient, appropriate manner, contingent upon confirmation from the Department of Revenue that the handling of taxpayer’s credit(s) due is appropriate and consistent within the language of the law; and as further detailed in a memorandum from the Finance Director to the Town Manager dated September 7, 2017 and entitled “Motor Vehicle and Trailer Excise Tax Phase Out Recommendation.”

 

UNANIMOUSLY VOTED:  to adjourn at 9:21 PM.

 

 

Dale S. Holberton, CMC

Town Clerk