Click to view the entire meeting or click any video icon below to jump to that section of the meeting.
Click to listen to the AUDIO of the meeting.
JULY 23, 2018
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 23rd day of July 2018 at 5:30 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
Liz Gledhill
Joe Viele
The following members of the Town Council are present and make a site visit at the Boy Scout property on the south side of Worden’s Pond Road near the intersection of Ministerial Road: Council Vice President Collins, Councilman DaCruz, Councilwoman Gledhill and Councilman Viele. Also present are Robert C. Zarnetske, Town Manager, Chelsea Siefert, Director of Planning, Colleen Camp, Executive Assistant. The following members of the South Kingstown Land Trust are also present: Martha Day, Linda Green, Kevin McDonough, Julia Fry Landstreet, Executive Director, Michael Bontecou, Clarkson Collins, Jeanine Silversmith and Joanne Riccitelli, Director of Land Protection. Marc P. Cardin, Boy Scouts of Rhode Island is also present. The site visit ends at 6:05 PM.
The Work Session begins at 7:00 PM at the Town Hall and Council President Margaret M. Healy is present.
Discussion ensues relative to Public Hearing 7A to consider a request for additional operational hours between 2:00 AM and 3:00 AM by Baked Kingston RI Operators LLC d/b/a Insomnia Cookies, 99 Fortin Road, Suite 136, Kingston, RI 02881. Application by Megan Croswell, 10 Campus Boulevard, Suite 1, Newtown Square, PA 19073.
Discussion ensues relative to Public Hearing 7B to consider an application requesting an amendment to the Zoning Map of the Town of South Kingstown from Rural Residential Low Density (R80) to Government and Institutional (GI) for property designated as Assessor’s Plat 50-4, Lot 19, located at 4640 Tower Hill Road, Wakefield, RI. Application for the Prout School by the Roman Catholic Bishop of Providence, 1 Cathedral Square, Providence, RI 02903.
Discussion ensues relative to Public Informational Hearing 7C relative to an application from the South Kingstown Land Trust for funding in accordance with the Town of South Kingstown’s “Open Space Project Funding Policy.” Said funding will be considered for potential purchase of the approximately 43.3 acre Boy Scout property, located approximately 425 feet west of the intersection of Worden’s Pond Road and Ministerial Road, referred to as Assessor’s Plat 61, Lot 1.
Discussion ensues relative to Emergency Authorization 15A authorizing the Town Manager, at the request of South County Hospital or any state agency, to execute all documents and take all steps necessary and proper to allow the Hospital to utilize Town Farm ball field as a temporary helipad site for the transportation of patients. The Town Council shall review any actions taken by the Town Manager at its next regular session or at an emergency session called by the President of the Town Council, if necessary.
Discussion resumes in regard to Public Informational Hearing 7C relative to an application from the South Kingstown Land Trust for funding, and Flexible Design Residential Projects.
Convened to Regular Session.
JULY 23, 2018
At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 23rd day of July 2018 at 7:30 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
Liz Gledhill
Joe Viele
The Pledge of Allegiance to the flag is given.
Roll Call is taken and all members are present.
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on July 9, 2018 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on July 9, 2018 are accepted, approved and placed on file.
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 8A. 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) A. UNANIMOUSLY VOTED: that the Email Report is received and placed on file, as shown as follows:
The following information pertains to emails received at the official Town Council email address (towncouncil@southkingstownri.com) from July 4, 2018 – July 18, 2018. The emails referenced below have been forwarded to all members of the Town Council. Excluded from this report are unsolicited commercial offers.
· Timothy O’Neill
July 12 and 13, 2018
Middlebridge Traffic
· Steven Corley
July 14, 2018
Garbage bag tags
· Emails received relative to the Land Trust request for funding for purchase of the Boy Scout property near Wordens Pond Road are referenced as part of the Public Hearing (Item 7C. on the Agenda)
(CA) 14A. UNANIMOUSLY VOTED: that Civil Action Number WC-2018-0341 filed in Washington County Superior Court by William R. Landry, Esquire on behalf of his clients Robert D. Maltz and Belinda F. Maltz, relative to property located at 47 Tuckertown Road, Wakefield is referred to the Town Solicitor and the Town’s insurance carrier.
(CA) 14B. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS A RETAIL LIQUOR LICENSE
Transfer of a Class A Retail Liquor License from Patsy’s Package Store, Inc. by Gary J. Dinonsie, President, 524 High Street, Wakefield, RI to PBL, Inc. d/b/a Liberty Wine & Spirits by Joseph V. Paglia, President, 524 High Street, Wakefield, RI for the sales area; and as further defined in a site plan dated July 16, 2018 on file in the Town Clerk's Office.
(CA) 14D. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Transfer of a Class B Victualler Liquor License from Rhody Joe’s, LLC by Glenn Chelo, Member, 515 Kingstown Road, Wakefield, RI to Anchor Pete’s, LLC d/b/a Anchor Pete’s by Panagiotis Trikoulis, Member, 515 Kingstown Road, Wakefield, RI for the dining room, bar area and sunroom; and as further defined in a site plan dated July 18, 2018 on file in the Town Clerk's Office.
(CA) 14E. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application by CRI, LLC by Christopher D. Sands, Managing Partner, 771 Post Road, Wakefield, RI 02879 requesting a proposed text amendment to the Zoning Ordinance of the Town of South Kingstown, Article 5, Supplementary Regulations, Section 504.15 Marijuana related uses subsection B (2) requesting a text amendment that would reduce the distance restriction between cultivation facilities from 2,000 ft. to 1,500 ft.
(CA) 14F. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application by NICE, LLC by Mary T. Banfield, 36 Frank Avenue, B-3, West Kingston, RI 02892 requesting proposed text amendments to the Zoning Ordinance of the Town of South Kingstown, Article 5, Supplementary Regulations, Section 504.15 Marijuana related uses, subsections B (2) and C, as follows:
B. 2. Two thousand (2,000) feet from any other marijuana retail facility or marijuana cultivation facility.
C. The distances specified in the immediately preceding Section (B) shall be measured by a straight line from the nearest property line of the premises on which the proposed marijuana retail facility or marijuana cultivation facility is to be located to the nearest property line of any of the other designated uses set forth therein. The total combined number of marijuana retail facilities and marijuana cultivation facilities allowed by special use permit in the West Kingston Ind-1 – Industrial One Zoning district may not exceed seven (7).
(CA) 14G. UNANIMOUSLY VOTED: to authorize an award of bid to Golden Root Inc., 89A Country Drive, Charlestown, RI 02813 for Landscape Garden Maintenance at the Town Hall, Peace Dale Library and the Robert Beverly Hale Library in an amount not to exceed $6,482; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated July 17, 2018 and entitled “Award of Bid, Landscape Garden Maintenance.”
(CA) 14H. UNANIMOUSLY VOTED: to authorize the purchase from M.E. O’Brien and Sons Inc., 93 West Street, Medfield, MA 02052 of site furnishings for the Recreation Center through the Massachusetts Higher Education Consortium Contract B14, in an amount not to exceed $6,617; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated July 18, 2018 and entitled “Recommendation to Purchase Site Furnishings for Recreation Center.”
(CA) 14J. 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. Elizabeth Berman is present and testifies regarding the Chamber of Commerce’s upcoming events for which they are requesting Class F-1 licenses, and after 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 18, 2018 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. 58157.
Councilman Viele recuses himself.
B. 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 Sugar” event to be held on Friday, October 19, 2018 from 5 PM to 9 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. 58160.
Councilman Viele recuses himself.
A. Notice having been duly given, a Public Hearing is held to consider a request for additional operational hours between 2:00 AM and 3:00 AM by Baked Kingston RI Operators LLC d/b/a Insomnia Cookies, 99 Fortin Road, Suite 136, Kingston, RI 02881. Application by Megan Croswell, 10 Campus Boulevard, Suite 1, Newtown Square, PA 19073.
Brian Baker, Vice President for Operations is present and testifies regarding this request.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to approve a request for additional operational hours between 2:00 AM and 3:00 AM by Baked Kingston RI Operators LLC d/b/a Insomnia Cookies, 99 Fortin Road, Suite 136, Kingston, RI 02881. Application by Megan Croswell, 10 Campus Boulevard, Suite 1, Newtown Square, PA 19073. License No. 56328.
B. Notice having been duly given, a Public Hearing is held to consider an application requesting an amendment to the Zoning Map of the Town of South Kingstown from Rural Residential Low Density (R80) to Government and Institutional (GI) for property designated as Assessor’s Plat 50-4, Lot 19, located at 4640 Tower Hill Road, Wakefield, RI, as shown on the following map. Application for the Prout School by the Roman Catholic Bishop of Providence, 1 Cathedral Square, Providence, RI 02903.
The Planning Board’s letter dated June 27, 2018 recommending approval of this zoning map amendment is referenced and placed on file.
David Estes, Principal of Prout School and Sergio Cherenzia, lead engineer are present and testify regarding this application, which is in advance of an application for Development Plan Review for construction of a sports field.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to approve an amendment to the Zoning Map of the Town of South Kingstown from Rural Residential Low Density (R80) to Government and Institutional (GI), limited to Use Code 20: Educational Institution, Primary through Secondary for property designated as Assessor’s Plat 50-4, Lot 19, located at 4640 Tower Hill Road, Wakefield, RI. Application for the Prout School by the Roman Catholic Bishop of Providence, 1 Cathedral Square, Providence, RI 02903. Said approval incorporates the Planning Board’s Findings of Fact, Consistency with the Comprehensive Plan and Findings of Fact, Consistency with the Purposes of Zoning, as follows:
The Planning Board finds that the property for which rezoning is sought contains an existing educational institution, namely The Prout School. The Board finds that the Zoning Ordinance specifically states that the GI zoning district is to include land holdings of semi-public institutions. The Board understands that this request was in advance of an application for Development Plan Review for construction of a sports field.
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 the Purposes of Zoning, as described in RIGL Title 45, Chapter 24, Section 30, the ‘Rhode Island Zoning Enabling Act of 1991,’ as noted below. Additionally, the Board recommends that the Town Council incorporate the below referenced Findings of Fact into any motion of approval.
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 Map 2.3, Land Use Plan Map, which designates the parcel proposed for rezoning as Very Low Density Residential (< 0.55 dwelling units per acre). The Comprehensive Plan indicates that the residential land use districts are intended to be predominantly housing, but may also include compatible civic uses.
3. The proposed map amendment is consistent with the Services and Facilities Action Plan’s overall policy statement ‘To provide the Town with basic public services and facilities in a prompt and efficient manner.’
4. The proposed map amendment is consistent with Services and Facilities Goal 9 ‘To provide town residents with the opportunity for a quality education, and superior school facilities.’
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:
i. The goals and patterns of land use contained in the comprehensive plan of the Town;
ii. The availability and capacity of existing and planned public and/or private services and facilities; and
iii. The need to shape and balance urban and rural development;
4. Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements;
5. Promoting safety from fire, flood, and other natural or unnatural disasters;
6. Promoting implementation of the comprehensive plan of the Town adopted pursuant to Chapter 22.2 of this title; and
7. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.
C. Notice having been duly given, a Public Informational Hearing is held relative to an application from the South Kingstown Land Trust for funding in accordance with the Town of South Kingstown’s “Open Space Project Funding Policy.” Said funding will be considered for potential purchase of the approximately 43.3 acre Boy Scout property, located approximately 425 feet west of the intersection of Worden’s Pond Road and Ministerial Road, referred to as Assessor’s Plat 61, Lot 1.
The following communications received relative to this Public Informational Hearing are referenced and placed on file: 24 emails in support, and letters in support from the Rhode Island Boy Scouts, The Salt Pond Coalition, The Nature Conservancy, The Audubon Society of Rhode Island, the Riley Family, the King Family, Kathleen Sullivan, Paul and Kristine McDevitt, Mary Lee McDonough, and Clifford and Elaine Verduchi.
Joanne Riccitelli, South Kingstown Land Trust Director of Land Protection presents the application and discusses wellhead protection, type of soils found on the property, and their fund raising efforts.
The following are present and offer comments:
Martha Stamp – in opposition
Kevin McDonough, Board of Trustees, South Kingstown Land Trust – in support
Noreen McGill – in support
Tim McCandless, Secretary, Rhode Island Boy Scouts – in support
Marc Archambault – in opposition, discusses the availability of affordable and workforce housing
Jeanine Silversmith, Board of Trustees, South Kingstown Land Trust – in support
Meredith Arcaro – in support
Eileen Recchia – in support
Julia Landstreet, Executive Director, South Kingstown Land Trust – in support
Chelsea Siefert, Director of Planning discusses the Flexible Design Residential Projects model.
Jonathan Daly LaBelle comments on affordable housing
Kathleen Spencer – in support
James O’Neill – in support, discusses the bonding for open space funding that has been approved by the voters since 2000
Marion Goldsmith – in support
Martha Day, President, Board of Trustees, South Kingstown Land Trust – in support
Barbara Watts – in support
Troy West – in support
Discussion ensues relative to affordable housing in town.
Fran Nichols – in support
Linda Green, Secretary, Board of Trustees, South Kingstown Land Trust – in support
Discussion ensues relative to bonding.
Further discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Informational Hearing.
VOTED: to approve an application from the South Kingstown Land Trust for funding in accordance with the Town of South Kingstown’s “Open Space Project Funding Policy” for purchase of the approximately 43.3 acre Boy Scout property, located approximately 425 feet west of the intersection of Worden’s Pond Road and Ministerial Road, referred to as Assessor’s Plat 61, Lot 1. Funding for the purchase is authorized in an amount up to $382,000 from the Open Space Acquisition Fund (OSAF);
Further, to re-appropriate the authorization acted upon at the Town Council’s meeting held on January 23, 2017 to transfer $200,000 from the Open Space Acquisition Fund, Fund #0404, to the Recreation Improvement Fund, Fund #0420, in order to support construction of the Bike Path Connector between the Broad Rock Playfields and South County Commons;
And further, to re-allocate said transfer of $200,000 for the Bike Path Connector between the Broad Rock Playfields and South County Commons from the Unassigned Fund Balance of the General Fund’s Operating Budget to uphold the Town’s 20% match obligation to RI DEM grant already authorized.
Councilors Gledhill and Viele vote no.
Council President Healy invites residents to come forward with comments.
Dale Brown is present and suggests there should be an ordinance to keep domestic fowl penned on the owner’s property.
Meredith Arcaro comments regarding speeding concerns with the repaving of Jerry Brown Farm Road.
The Town Manager’s Interim Report dated July 12, 2018, and the Agenda and Miscellaneous Reports dated July 19, 2018 are accepted, approved and placed on file.
The Town Solicitor’s Report is accepted.
A. UNANIMOUSLY VOTED: to reappoint Anne Heffron to the Conservation Commission for a term to expire in September 2021.
C. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $19,697.48, as shown on Tax Abatement Request No. 550.
I. UNANIMOUSLY VOTED: to authorize an award of contract to Peterson’s Oil Service, Inc., 75 Crescent Street, Worcester, MA 01605 for the purchase of gasoline and diesel fuel from July 1, 2018 to April 30, 2019 based on the State of Rhode Island Master Price Agreement 114, at the lowest daily rack prices published by Oil Price Information Services (OPIS) plus the increment of $0.0475/gallon for gasoline and an increment of $0.06/gallon on diesel fuel from April 1st to October 31st and $0.0729/gallon from November 1st to March 31st, and to further extend for up to 2 one-year term extensions based on State of RI Contract Extensions for the period of July 1, 2018 to April 30, 2019; as further described in a memorandum from the Procurement Administrator to the Town Manager dated July 18, 2018 and entitled “Gasoline & Diesel Fuel Recommendation.”
A. UNANIMOUSLY VOTED: to authorize the Town Manager, at the request of South County Hospital or any state agency, to execute all documents and take all steps necessary and proper to allow the Hospital to utilize Town Farm ball field as a temporary helipad site for the transportation of patients. The Town Council shall review any actions taken by the Town Manager at its next regular session or at an emergency session called by the President of the Town Council, if necessary.
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 10:19 PM pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: Robert C. Zarnetske, Town Manager.
Council President Healy notes that Mr. Zarnetske, who is the subject of this Closed Executive Session has been notified of his right to have this discussion in open session.
Regular Session is reconvened at 10:58 PM, and it is
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: Robert C. Zarnetske, Town Manager.
It is noted that there were no votes taken in Executive Session.
UNANIMOUSLY VOTED: to adjourn at 11:00 PM.
Dale S. Holberton, CMC
Town Clerk