PORTSMOUTH — Saying it should have the authority to tap into unexpended school funds, the Town Council Monday night voted 4-2 to ask state lawmakers to change a Rhode Island law that now prevents any school surplus funds to be returned to the town.
Council member Joseph Robicheau proposed a resolution that requests the General Assembly to “correct the conflict” in Rhode Island General Law so that school committees can return surplus funds to the town’s or city’s appropriating authority for deposit in a reserve fund.
According to Mr. Robicheau’s figures, the School Committee has over four years “preserved 4.2 million dollars of taxpayer funds.” (At a meeting with the Town Council in January, School Committee members said the total surplus is about $3 million.)
“Perversely, the School Committee must resist spending this money in future of execution of budgets as it will lawfully, but artificially, drive up the School Department budget baseline and create unrealistic, mandates spikes in future budgets,” he said in a letter to the council.
That “conflict” in the law, according to Mr. Robicheau, concerns two different sections of Rhode Island General Law (RIGL).
The first — RIGL 45-11-1 (11) — empowers municipal bodies with appropriation authority to establish a reserve fund for deposit of surplus taxpayer monies. These funds are available to the municipality temporarily, in anticipation of taxes or for capital expenditures only, he said.
The other law — RIGL 16-7-23 (b) — expressly precludes a school committee from returning surplus taxpayer monies to the municipality’s reserve fund.
Council President Keith Hamilton said while he’d be happy to sign the resolution, when a local delegation of state lawmakers visited the council on Feb. 9 they said such a proposal would be “dead on arrival.”
Council Vice President James Seveney said he wouldn’t support the motion for that very reason. Legislators said “it would have implications that would ripple across every city and town in the state,” he said.
Council member Kevin Aguiar said he also didn’t see the point in supporting the resolution after hearing what legislators had to say.
According to Town Solicitor Kevin Gavin, Mr. Robicheau’s premise that there was a conflict between the two laws cited was “fundamentally flawed.”
“The first statute you refer to was enacted in 1943. That simply says towns have reserve funds,” said Mr. Gavin.
Council member Elizabeth Pedro, however, said she did see a conflict between the two statutes. “We’re being fiduciaries for this money and it’s sitting in the school department and we can’t invest it. We have surplus funds that we should be transferring to the reserve,” she said.
Ms. Pedro added that at the Feb. 9 meeting, legislators didn’t say they were opposed to the idea, but that other municipalities were. The resolution, she said, would at least send the message “that we want to see this happen.”
Resident Peter Roberts agreed and urged the council to send the resolution to the State House, despite what local lawmakers said. “If you send this to someone, you’ll let your opinion be known,” he said.
Voting in favor of sending the resolution was Mr. Robicheau, Mr. Hamilton, Ms. Pedro and council member David Gleason. Voting against were Mr. Seveney and Mr. Aguiar. Council member Michael Buddemeyer was absent from the meeting.
Non-resident beach passes
In other business Monday night, the council voted unanimously to raise the cost of a four-pack of passes for Sandy Point Beach for non-residents from $25 to $30.
The matter came up when Town Clerk Joanne Mower asked the council whether it still wanted to sell the four-packs since the panel voted not to sell season passes to non-residents. The four-packs are intended for non-residents who plan on visiting the town-owned beach only a few times during the summer.
Day passes for the beach cost $9 on weekdays and $12 on weekends for non-residents; residents with a transfer station sticker affixed to their vehicles are admitted free.
Sandy Point Beach doesn’t open until Memorial Day Weekend, but apparently some people are already thinking ahead to summer, the town clerk said.
“We’re already starting to get phone calls,” said Ms. Mower.
Appointments/resignations
The council voted unanimously to accept with regret the resignation of Matt Plumb from the town’s Agriculture Committee. The council also unanimously approved the appointment of Louis Escobar, Jane Escobar, Steve Cotta and James H. Booth to that committee.
The council also voted unanimously to reappoint Kathleen Wilson to the Aquidneck Island Planning Commission.
Licenses approved
Sitting as the Board of License Commissioners, the council approved the following in unanimous votes:
• a peddler’s license to McGrath Clambakes, Inc. of Newport for the Beast of the East Rugby Tournament at the Gardner Seveney Sports Complex at Glen Farm on April 18 and 19;
• a peddler’s license for Wicked Good Kettle Corn in Westport for the Portsmouth Invitational Soccer Tournament at the same location on June 19-21;
• and a victualler license for Edible Creations by Gerry in Tiverton to operate at the Montaup Country Club on Anthony Road.
Date for hearing postponed
A decision to set a date for a hearing on a proposed amendment to the zoning ordinance regarding agriculture was postponed until the council’s April 13 meeting, in order to give the Agriculture Committee and Planning Board sufficient time to put together an advisory opinion for the council.
Post-prom donation
The council voted unanimously to make its annual donation of $1,000 toward Portsmouth High School’s post-prom party for the Class of 2015. The money is part of the town’s annual budget, according to Finance Director James Lathrop.
The 18th annual party will be held from 11 p.m. to 4 a.m. on June 3 at the BPOE Elks Lodge in Newport. Food, games, raffles and round-the-clock prizes will be featured at the alcohol-free event that’s sponsored by the school and parents.
A quick one
Monday’s was the briefest Town Council meeting in recent memory, adjourning just 25 minutes after it began.