A zoning ordinance amendment that sought to allow special permit applicants to simultaneously seek dimensional variances through the city’s Zoning Board of Review failed on an unusual split vote of the City Council on Monday.

The nine-member council voted 4-3 in favor of the measure, with two abstentions. Because a majority vote was needed for passage, however, the change fell short.

The proposal, which was introduced by Mayor Allan Fung, has been the subject of discussion during several council and committee meetings since its introduction over the summer. Most recently, it received the backing of the council’s Ordinance Committee on a 5-0 vote, with one abstention, in September. It also received the recommendation of the Planning Department’s staff and the Planning Commission.

Supporters of the proposal have said it would fix an “old quirk” in the city’s zoning ordinance and bring Cranston in line with the majority of other communities in Rhode Island by explicitly allowing for special permit applicants to seek dimensional relief.

Critics, however, have pointed to the city’s 2015 adoption of new solar regulations – which resulted in the spread of commercial-scale projects in western Cranston – as a cautionary tale.

Fueling those concerns has been the fact that the ordinance amendment was drafted by the attorney representing Cranston Country Club, which is seeking to install a small, accessory solar energy system on its grounds. That plan, as constituted, would require both a special permit and a variance for road setback requirements.

The proposed accessory solar system at the country club, it should be noted, would be far smaller than the “solar farms” that became an issue following the adoption of the 2015 ordinance, which has since been amended in an effort to halt commercial-scale solar development in the western part of the city.

During Monday’s discussion, several speakers during public comment – including Doug Doe from the West Bay Land Trust and City Council candidate Jessica Marino – called on the council to amend the zoning ordinance change. Their proposed language sought to provide protections for “scenic roads” – in effect, to prevent dual applications for special permits and dimensional variances on a number of roads in western Cranston. While questioning the need for the zoning ordinance amendment, Marino said adding the proposed language would be a “compromise.”

Citywide Councilman Steve Stycos made a motion to add the new language to the ordinance amendment, calling on his colleagues to “protect” the rural quality of the western part of the city “rather than assault it through solar projects and inappropriate development.” Preserving that rural character, he said, is a “very strong part” of the city’s Comprehensive Plan.

Stycos’s motion failed, however, on a 2-7 vote. Ward 3 Councilman John Donegan voted with Stycos, while City Council President Michael Farina, Citywide Councilman Ken Hopkins, Ward 1 Councilwoman Lammis Vargas, Ward 2 Councilwoman Aniece Germain, Ward 4 Councilman Ed Brady, Ward 5 Councilman Chris Paplauskas and Ward 6 Councilman Michael Favicchio were opposed.

During discussion of the ordinance amendment as proposed, Farina reprised his earlier opposition. He noted that many of the residents who spoke against the measure had also raised alarms over the 2015 solar ordinance.

“I will not let that happen again … This happened once before, and we ended up with eight solar farms in western Cranston,” he said.

Brady offered a defense of the proposal, saying he had not heard opposition to it aside from Doe.

“This is probably the first time I’ve disagreed with Mr. Doe,” he said, noting Doe’s advocacy on the commercial-scale solar issue.

The final vote was 4-3, with both Vargas and Germain abstaining. Farina, Stycos and Donegan opposed the measure, while Hopkins, Brady, Paplauskas and Favicchio were in favor.

Discussion planned on school funding

A resolution calling for Fung’s administration to temporarily patch a state aid shortfall in the Cranston Public Schools budget using money from the city’s “rainy day” fund has been referred to this month’s meeting of the council’s Finance Committee.

Council members intend during that meeting to seek an update from school officials on the district’s financial situation.

The resolution, introduced by Farina, urges the mayor to use the city’s reserves – formally known as the cumulative surplus – to provide roughly $4.1 million to the district.

That figure represents the amount of an increase in state aid for Cranston’s schools that had been projected for the current fiscal year. The state, however, remains without an approved budget, and no action is likely to be taken on that front until November at the earlier.

Earlier this year, the council approved a city budget that effectively removed the $4.1 million from the district’s financial equation – a move spurred by fears over the money becoming an unsustainable annual obligation of the city through what is known as “maintenance of effort.” The hope at the time was that the state, once it approves a budget, would make the district whole in terms of the projected aid, at which point the local budget could be amended.

Farina – who unsuccessfully ran for mayor and is departing the council after this term – said he wants to see the school funding issue addressed before his departure. He said the intent of his resolution would be to have any eventual increase in state aid be used to refund the city’s “rainy day” fund.

“I’m not leaving the council with this unresolved … We’ve waited a while. I think the council needs to act and act soon,” he said.

Others, however, expressed trepidation over an approach that utilizes the city’s reserves to bridge what it is still hoped will be a temporary funding gap for the district.

City Finance Director Robert Strom questioned the need for such action at this point, saying during the meeting that the district is not experiencing cash flow issues – and is, in fact, running below typical spending levels at this point.

“The first three months of this fiscal year, they seem to be doing fine,” he said.

Added Paplauskas: “This might be a little bit premature.”

The council ultimately voted 9-0 to refer the resolution to the Finance Committee.

Zoning Board appointment spurs impassioned debate

The ongoing discussion over how to make the city’s workforce and local government more reflective of Cranston’s increasingly diverse population found an unexpected outlet during Monday’s meeting – and produced an impassioned debate among council members.

At issue was a seat on the city’s Zoning Board of Review, specifically the position representing Ward 1 on that body. The council’s agenda included two nominations for the post – Carlos Zambrano, whose name was put forward by Vargas, and Thomas Barbieri, who was nominated by Brady.

As council members recounted Monday, Barbieri has served on the Zoning Board for three years, representing Ward 4, but recently moved to Ward 1. He had planned to leave the board, but requested he be allowed to continue to serve when its Ward 1 seat unexpected became open around the same time.

Brady, who represents Ward 4, then put forward Barbieri’s name. But Vargas, who represents Ward 1, had also identified Zambrano as an interested and qualified candidate for the position.

Ultimately, Brady withdrew Barbieri’s name from consideration and said he would instead seek his appointment as an alternate Zoning Board member. Zambrano was subsequently appointed on a unanimous vote.

But the debate preceding those actions produced some contentious moments.

Vargas said fostering more diversity in local government has been a priority for herself and her constituents since she began campaigning for City Council. Appointing Zambrano, she said, represented a chance to make real progress on that goal.

“Enough is enough. Everybody wants diversity, but when push comes to shove, nobody’s voting for diversity,” she said.

She later added: “It’s not about checking off the checkbox … Let’s give this gentleman the opportunity as well, and many others to come.”

Stycos echoed that sentiment, saying: “When we talk about diversity, we can’t keep going to the same people for these appointments.” He also said the nomination of a Ward 1 Zoning Board representative by a Ward 4 councilperson was “just not appropriate” and reinforces an “at times unfair perception” that the western side of the city “controls things and gets all the goodies.”

Throughout the discussion, council members spoke highly of Barbieri, who serves as principal at Cranston High School West.

Brady, in withdrawing Barbieri’s nomination, said he was “mildly offended” by the implication, intentional or not, that a vote for Barbieri would have constituted a vote against diversity. He also said he had initially understood the Zoning Board appointment as not being specific to a particular ward.

Elsewhere during Monday’s meeting:

• The council unanimously approved a number of resolutions, including one sponsored by Vargas designating October as National Hispanic Heritage Month in Cranston; one sponsored by Donegan and Germain declaring racism to be a “public health issue”; and one sponsored by Favicchio expressing support for the city’s Police Department.
• The council unanimously approved an ordinance amendment requiring the creation of a “Citizens Guide to Land Development” for the city. Originally proposed by Ward 6 council candidate Matthew Reilly during the work of the city’s Charter Review Commission, the ordinance amendment was sponsored by Hopkins and Paplauskas.
•  On an 8-1 vote, the council approved a resolution sponsored by Stycos calling on the mayor’s administration to step up enforcement efforts related to fire pits. Several residents addressed the council with concerns over smoke from neighboring properties affecting their health and quality of life. As part of the resolution, the administration is set to provide an update on the issue in November. Brady was the sole “no” vote.
• The council unanimously approved an ordinance authorizing the use of up to $100,000 in Western Cranston impact fees to develop plans for traffic improvements at the intersections of Natick and Wilbur avenues and Hope Road, Phenix Avenue and Wilbur Avenue.
• The council unanimously approved an ordinance authorizing the mayor’s administration to refinance several general obligation bonds. Fung has said the move will save a projected $700,000.