WORK SESSION

 

APRIL 25, 2011

 

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 25^th day of April 2011 at 6:55 PM.

 

            PRESENT:    Ella M. Whaley, President

Carol Hagan McEntee, Vice President

Mary S. Eddy

Kathleen A. Fogarty

James W. O’Neill

 

1.         A.        WORK SESSION

 

Discussion ensues relative to amending the April 13, 2011 and April 14, 2011 meeting minutes to reflect that Kevin Jackson is not the Vice Chairman of the School Committee. 

 

Discussion ensues relative to the Public Hearing on this evening’s agenda to consider and adopt the Town Council’s Final Budget for FY 2011-2012.

 

Discussion ensues relative to New Business Item 13A authorizing fund transfers.

 

Discussion ensues relative to New Business Item 13B authorizing tax collection procedures.

 

Discussion ensues relative to New Business Item 13C in support of legislative amendments to protect Rhode Island cities and towns and their public officials and employees.

 

Discussion ensues relative to New Business Item 13D in support of legislative amendments to protect Rhode Island cities and towns and their public officials and employees.

 

Discussion ensues relative to New Business Item 13E authorizing the amendment of an award of bid originally granted on March 28, 2005, as amended June 12, 2006 and December 8, 2008 to Camp, Dresser and McKee, Inc., 1 Cambridge Place, 50 Hampshire Street, Cambridge, MA 02139 for WebGIS Programming Services from an amount not to exceed $35,000 to an amount not to exceed $45,000.

 

Discussion ensues relative to New Business Item 13F amending the Town’s Liquor License Rules and Regulations relative to Class A Retail Licenses by establishing a maximum of four regardless of the population determined by the 2010 census.

 

Discussion ensues relative to New Business Item 13G establishing a procedure and timeline for interested parties to apply for a Class A Retail Liquor License in accordance with the Town of South Kingstown Liquor License Rules and Regulations as they pertain to procedural requirements.

 

Discussion ensues relative to New Business Item 13J authorizing an award of bid to Tom Irwin, Inc., 11 A Street, Burlington, MA 01803 for the purchase of turf management supplies and turf consulting services, in accordance with all proposal specifications, in an amount not to exceed $10,850.

 

Discussion ensues relative to Communication Item 8H adopted April 14, 2011 by the Foster Town Council in opposition to House Bill 2011 – H 5783 An Act Relating to Health and Safety – Outdoor Wood-Fired Hydronic Heaters.

 

Discussion ensues relative to using either the $500 or $3,000 motor vehicles tax exemption in regard to the budget. 

 

Discussion ensues relative to appointments. 

 

 

Dale S. Holberton, CMC

Town Clerk

 

 

 

 

REGULAR SESSION

 

APRIL 25, 2011

 

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 25^th day of April 2011 at 7:30 PM.

 

            PRESENT:    Ella M. Whaley, President

Carol Hagan McEntee, Vice President

Mary S. Eddy

Kathleen A. Fogarty

James W. O’Neill

 

 

1.         B.        REGULAR SESSION

 

2.         PLEDGE OF ALLEGIANCE TO THE FLAG

 

The Pledge of Allegiance to the flag is given.

 

3.         ROLL CALL

 

Roll Call is taken and all members are present.

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on March 29 and April 11, 2011 are accepted, approved and placed on file.

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on April 11, 2011, April 13, 2011 as amended and April 14, 2011 as amended are accepted, approved and placed on file.

 

5.         CONSENT AGENDA

 

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

 

(CA)    6C.      UNANIMOUSLY VOTED: to grant a Victualling License to AL-FERAS INC. d/b/a SEDRA CAFÉ, 99 Fortin Road, Suite 117, Kingston, RI 02881 subject to approval by the Fire Chief and Communications Superintendent. Application by Cybill Joia, 46 Hornbeam Drive, Cranston, RI 02921; Renewal.  License No. 12939.

 

(CA)    6D.      UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to TAYLOR’S LANDING COUNTRY STORE, 3362 Kingstown Road, West Kingston, RI 02892 subject to approval by the Fire Chief. Application by Ken Marot, 3362 Kingstown Road, West Kingston, RI 02892; Renewals.  License Nos. 12941, 12942.

 

(CA)    6E.      UNANIMOUSLY VOTED: to grant Farm Produce and Holiday Sales Licenses to HOLLY RIDGE NURSERY, 895 Liberty Lane, West Kingston, RI 02892. Application by John A. Fink, 210 Ledge Road, Wakefield, RI 02879; Renewals.  License Nos. 12944, 12945.

 

(CA)    6F.      UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the MATTHEW SIRAVO MEMORIAL 5K FOR EPILEPSY on Saturday, June 11, 2011 at 8:00 AM to THE MATTHEW SIRAVO MEMORIAL FOUNDATION 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 in the amounts specified by the Risk Manager; and RIDOT approval. Proceeds to benefit The Matty Fund. Application by Richard Siravo, 60 Woodmark Way, Wakefield, RI 02879; Renewal. License No. 12946.

 

(CA)    8C.      UNANIMOUSLY VOTED: that a  resolution adopted April 7, 2011 by the Little Compton Town Council in support of House Bill 2011 – H 5804 An Act Relating to Elections that would amend RIGL §17-11-1 Division of towns and representative district into voting districts by increasing the number of electors allowed in a voting district is received and placed on file. (4/14/2011 Interim, Item E.)

 

(CA)    8D.      UNANIMOUSLY VOTED: that a communication dated April 11, 2011 from Scott Ruhren, Senior Director of Conservation, Audubon Society of Rhode Island in support of amendments to the Zoning Ordinance, Section 504 concerning the siting of OWTS in proximity to wetland areas, which were adopted by the Town Council at their last meeting, is received and placed on file. (4/14/2011 Interim, Item F.)

 

(CA)    8E.      UNANIMOUSLY VOTED: that a copy of a Letter of Authorization dated April 12, 2011 from Grover Fugate, Executive Director, Coastal Resources Management Council to Moonrise LLC permitting filming at Bayfield Farm is received and placed on file. (4/14/2011 Interim, Item G.)

 

(CA)    8F.      UNANIMOUSLY VOTED: that a communication dated April 13, 2011 from Cynthia Morrison concerning Town approval of the temporary use of conservation land at Bayfield Farm is received and placed on file. (4/14/2011 Interim, Item J.)

 

(CA)    8G.      UNANIMOUSLY VOTED: that resolutions adopted April 11, 2011 by the Portsmouth Town Council in support of legislative amendments to protect Rhode Island’s cities and towns and their public officials and employees; and in support of legislation to amend RIGL §16-7-44 School housing project costs, are received and placed on file. (4/21/2011 Miscellaneous, Item II B.)

 

(CA)    8I.        UNANIMOUSLY VOTED: that a resolution adopted April 18, 2011 by the Narragansett Town Council in opposition to House Bill 2001 – H 5961 An Act Relating to Labor and Labor Relations – School Teacher Arbitration is received and placed on file. (4/21/2011 Miscellaneous, Item II G.)

 

(CA)    8J.       UNANIMOUSLY VOTED: that a communication dated April 13, 2011 from Barbara McCann, Executive Director, National Complete Streets Coalition requesting the Town to sign a letter asking Congress to pass federal complete streets legislation is received, placed on file, and referred to the Director of Planning. (4/14/2011 Miscellaneous, Item II J.)

 

(CA)    8K.      UNANIMOUSLY VOTED: that a communication dated April 15, 2011 from Tom Brouillette, Acting President, Windward Home Owners Association expressing the group’s objections to the proposed High Tides development in Snug Harbor is received, placed on file and referred to the Director of Planning. (4/21/2011 Miscellaneous, Item II L).

 

(CA)    8L.      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)    13H.    UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider amendments to the Zoning Ordinance, Article 8 Signs, Section 803. Signs prohibited in all zoning districts, Section 803 B. Flashing signs that would extend the sunset provision from its current date of May 24, 2011.

 

(CA)    13I.      UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing to consider proposed amendments to the Town Code, Chapter 4 Boats and Waterways Ordinance to bring it into conformance with the Harbor Management Plan update.

 

(CA)    13K.    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.        UNANIMOUSLY VOTED: to grant a Private Detective License to JAMES P. MULLEN, 40 Malbone Street, Warwick, RI 02888. Application by James P. Mullen, 25 Little Rest Road, Kingston, RI 02881; New, continued from March 14, 2011. License No. 12937.

 

B.        UNANIMOUSLY VOTED: to grant a Holiday Sales License to SOUTH COUNTY HYDROPONICS, LLC, 51 Old Tower Hill Road, Wakefield, RI 02879 for the sale of gardening products, subject to approval by the Fire Chief and Communications Superintendent. Application by Jason D. Calderon, Member, 30 Sylvan Drive, East Greenwich, RI 02818; New. License No. 12938.

 

7.         PUBLIC HEARING

 

A.        Notice having been duly given, a Public Hearing is held to consider and adopt the Town Council’s Final Budget for FY 2011-2012, as shown on Exhibit 1 of the Agenda.

 

The Town Manager gives a brief review of the budget and discusses the two options presented for the motor vehicle tax exemption, at either $500 or $3,000.

 

Brief discussion ensues, and it is

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

VOTED: to adopt the Town Council’s Final Budget for FY 2011-2012 as presented, as shown as follows.

 

Councilman O’Neill votes no.

 

8.         COMMUNICATIONS

 

A.        UNANIMOUSLY VOTED: that a communication dated April 1, 2011 from Peter Lockwood, Coordinator, RI Urban & Community Forestry Program, RI DEM requesting an official proclamation recognizing Arbor Day on April 29, 2011 is received, placed on file, and the Town Council voted to support the request. (4/14/2011 Interim, Item C.)

 

B.        UNANIMOUSLY VOTED: that a communication dated March 31, 2011 from Paula McFarland, Executive Director, Community Action Rhode Island concerning a possible reduction in federal funding of the Community Services Block Grant program, and requesting a resolution in support of adequate funding for these agencies is received, placed on file, and the Town Council voted to support the request. (4/14/2011 Interim, Item D.)

 

H.        UNANIMOUSLY VOTED: that a resolution adopted April 14, 2011 by the Foster Town Council in opposition to House Bill 2011 – H 5783 An Act Relating to Health and Safety – Outdoor Wood-Fired Hydronic Heaters is received, placed on file, and referred to the Conservation Commission for review. (4/21/2011 Miscellaneous, Item II E.)

 

9.         COMMENTS FROM INTERESTED CITIZENS

 

Council President Whaley invites residents to come forward with comments.

 

Bob Trager Sr. is present and comments on the lack of live broadcasting of Town Council meetings.

 

Council President Whaley responds that meetings are re-broadcast on the public access TV channels and can be accessed at any time on the Town’s website.

 

The Town Manager notes that the public access networks changed the broadcasting schedule.

 

Councilman O’Neill comments on public participation.

 

Council President Whaley notes that there will be a prescription drug take-back program on Saturday, April 30^th from 10 AM to 2 PM at the Police Station; the Chamber of Commerce is hosting a “Dancing With the Stars” fundraising event on May 1^st; and the Rotary Club and Snug Harbor Fire Station are hosting May 1^st breakfast events.

 

10.       TOWN MANAGER’S REPORT

 

Town Manager Stephen Alfred comments on a report issued by the Coastal Resources Management Council staff entitled “Matunuck Erosion” dated April 20, 2011. Mr. Alfred also comments on the EMA and RIDOT assistance with the erosion problem. The Town Manager’s Interim Report dated April 14, 2011, and the Agenda and Miscellaneous Reports dated April 21, 2011 are accepted, approved and placed on file.

 

11.       TOWN SOLICITOR’S REPORT

 

The Town Solicitor has no report this evening.

 

12.       APPOINTMENTS

 

A.        VOTED: to reappoint Ernest D. George, Jr., Igor Runge, Robert L. Toth, and Robert John Cagnetta to the Zoning Board of Review for terms to expire March 2014. 

 

Councilman O’Neill votes no.

 

VOTED: to appoint John R. Bernardo as Alternate #1 to the Zoning Board of Review to fill a term to expire March 2013.

 

Councilors Eddy and Fogarty vote no.

 

VOTED: to appoint Douglas Langdon to the Planning Board to fill a term to expire May 2012.

 

Councilors Eddy and Fogarty vote no.

 

UNANIMOUSLY VOTED: to appoint David H. Heffron to the Route 138 Reconstruction Project Area Committee to fill a term to expire May 2011.

 

13.       NEW BUSINESS

 

A.        VOTED: to authorize fund transfers, as follows:

 

Councilman O’Neill votes no.

 

1.   Reserve Fund Transfers

 

BE IT RESOLVED that program balances identified below in the 2011-2012 fiscal year appropriations for General Fund (101) account 1710, Capital Improvement Program, shall be transferred to the following Reserve Funds in the corresponding not-to-exceed amounts:

2011 - 2012 Reserve Fund Transfers

 

 

FURTHER RESOLVED: That the Town Finance Director, with the advice and consent of the Town Council, is hereby permitted to invest the funds at any time in said savings accounts or certificates of deposit of commercial or savings banks, or trust companies, or in obligations of the United States or its agencies, or in any other short-term investment as would be made by prudent persons of discretion and intelligence.

 

FURTHER RESOLVED: That the Town Council is hereby authorized to use the total funds, or such part thereof of said Reserve Funds, for capital expenditures as may be voted by the Town Council in accordance with the Town Council Adopted Capital Improvement Program.

 

FURTHER RESOLVED: That said sums appropriated to the Reserve Fund shall not revert to the General Fund at the end of the budget year but shall remain in said Reserve Fund to be used as herein provided in any budget period until otherwise voted.

 

2.   Reserve Fund Transfers

 

BE IT RESOLVED that the program balance identified below in the 2011-2012 fiscal year appropriation for School Fund account 55201, Technology, shall be transferred to the following Reserve Fund in the corresponding not-to-exceed amount:

 

2011 - 2012 Reserve Fund Transfer

 

 

FURTHER RESOLVED: That the Town Finance Director, with the advice and consent of the Town Council, is hereby permitted to invest the funds at any time in said savings accounts or certificates of deposit of commercial or savings banks, or trust companies, or in obligations of the United States or its agencies, or in any other short-term investment as would be made by prudent persons of discretion and intelligence.

 

FURTHER RESOLVED:  That the School Committee is hereby authorized to use the total funds, or such part thereof of said Reserve Funds, for capital expenditures as may be voted by the School Committee in accordance with the School Department Adopted Budget.

 

FURTHER RESOLVED:  That said sums appropriated to the Reserve Fund shall not revert to the School Fund or the General Fund at the end of the budget year but shall remain in said Reserve Fund to be used as herein provided in any budget period until otherwise voted.

 

3.   Reserve Fund Transfer to the General Fund

 

BE IT RESOLVED that transfers from the Impact Fee Reserve Fund to the General Fund to pay for education debt service costs associated with school capital projects shall be made from assets held for school facilities in the amount of $70,000 for Fiscal Year 2011-2012.

 

4.   Reserve Fund Transfer to the General Fund

 

BE IT RESOLVED that transfers from the Impact Fee Reserve Fund to the General Fund to pay for recreation debt service costs associated with capital projects shall be made from assets held for recreation facilities in the amount of $125,141 for Fiscal Year 2011-2012.

 

5.   Reserve Fund Transfer to the General Fund

 

BE IT RESOLVED that transfers from the Open Space Reserve Fund to the General Fund to pay for debt service costs associated with open space land acquisition shall be made in the amount of $225,000 for Fiscal Year 2011-2012.

 

6.   Deed of Gift of the Neighborhood Guild

 

BE IT RESOLVED to authorize the Trustees of the South Kingstown School Funds to forward to the Town Finance Director (serving in the capacity of the Town Treasurer) the sum of Four Hundred Thirteen Thousand Three Hundred Eighty Eight Dollars ($413,388) from investment income generated from the endowment and funds available within the reinvested income account of the Neighborhood Guild for operation of the Neighborhood Guild Program for the 2011-2012 fiscal year.  Said Funds are restricted to uses in accordance with the Deed of Gift of the Neighborhood Guild recorded on March 26, 1940.

 

7.   Reserve Fund Transfer

 

BE IT RESOLVED that an amount not to exceed $10,470 be transferred from the Public Works Improvement Fund to the Public Services Office Building Fund for Fiscal Year 2010-2011.

 

8.   Utility and Special Revenue Fund Transfers to the General Fund

 

BE IT RESOLVED that program balances in the 2011-2012 fiscal year expenditures for the various utility and special revenue funds identified below, shall be transferred to the General Fund in the corresponding not-to-exceed amounts:

 

2011 - 2012 Fund Transfers

 

 

9.   Other General Fund Transfers

 

BE IT RESOLVED that program balances identified below in the 2010-2011 and 2011-2012 fiscal year appropriations for the General Fund (101), shall be transferred to the following funds in the corresponding not-to-exceed amounts:

 

2010 - 2011 Fund Transfer

 

 

 

 

2011 - 2012 Fund Transfers

 

 

 

10.             Reserve Fund Transfer

 

BE IT RESOLVED that the program balance identified below in the 2010-2011 fiscal year appropriation for General Fund (101), as outlined below, shall be transferred to the Compensated Absences Reserve Fund in the corresponding not-to-exceed amount:

 

2010- 2011 Reserve Fund Transfer

 

 

FURTHER RESOLVED: That the Town Finance Director, with the advice and consent of the Town Council, is hereby permitted to invest the funds at any time in said savings accounts or certificates of deposit of commercial or savings banks, or trust companies, or in obligations of the United States or its agencies, or in any other short-term investment as would be made by prudent persons of discretion and intelligence.

 

FURTHER RESOLVED: That the Town Council is hereby authorized to use the total funds, or such part thereof of said Reserve Funds, for compensated absence expenditures.

 

FURTHER RESOLVED: That said sums appropriated to the Reserve Fund shall not revert to the General Fund at the end of the budget year but shall remain in said Reserve Fund to be used as herein provided in any budget period until otherwise voted.

 

11.             2010-2011 Reserve Fund Transfer

 

BE IT RESOLVED that transfers from the Peace Dale Office Building Fund to the Compensated Absences Reserve Fund to cover the liability for compensated absences shall be made from net assets held in the Peace Dale Office Building Fund in an amount not to exceed $1,500 for Fiscal Year 2010-2011.

 

FURTHER RESOLVED: That the Town Finance Director, with the advice and consent of the Town Council, is hereby permitted to invest the funds at any time in said savings accounts or certificates of deposit of commercial or savings banks, or trust companies, or in obligations of the United States or its agencies, or in any other short-term investment as would be made by prudent persons of discretion and intelligence.

 

FURTHER RESOLVED: That the Town Council is hereby authorized to use the total funds, or such part thereof of said Reserve Funds, for compensated absence expenditures.

 

FURTHER RESOLVED: That said sums appropriated to the Reserve Fund shall not revert to the General Fund at the end of the budget year but shall remain in said Reserve Fund to be used as herein provided in any budget period until otherwise voted.

 

B.        VOTED: to authorize tax collection procedures, as follows:

 

Councilman O’Neill votes no.

 

TAX RESOLUTIONS

 

BE IT RESOLVED that the Town Council hereby orders the assessment and collection of a tax on the ratable real estate and tangible personal property and motor vehicle excise tax in a sum not more than $    66,122,000__ __; said tax is for the ordinary expenses and charges, for the payment of interest and indebtedness, in whole or in part of said Town, and for other purposes authorized by law.  The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said Town as of the 31st day of December, A.D. 2010 at Twelve o’clock midnight, according to law (the date of assessment) and shall, on completion of said assessment, date, certify, and sign the same and deliver to and deposit the same in the office of the Town Clerk on or before the 15th day of June, A.D. 2011;

 

BE IT FURTHER RESOLVED, that the Town taxes and the motor vehicle excise taxes shall be due and payable on and between August 1, 2011 next and September 1, 2011 next, and all taxes remaining unpaid after September 1, 2011 shall carry until collected a penalty at the rate of twelve percent (12%) per annum upon such unpaid tax, with the exception of taxes being paid under the quarterly installment law.  For purposes of calculating the appeal period for relief from the tax assessment, said appeal period shall run from August 1, 2011;

 

BE IT FURTHER RESOLVED, that the taxes so levied may be paid in installments, the first installment of twenty-five percent (25%) on the 1st day of August 2011 and the remaining installments as follows: twenty-five percent (25%) on the 1st day of November, 2011; twenty-five percent (25%) on the 1st day of February, 2012; twenty-five percent (25%) on the 1st day of May, 2012.  Each installment of taxes, if paid on or before the last day of each installment period successively and in order, shall be free from any charge for interest.  If the tax levied is $100 or less, it shall be payable in a single installment due the 1st day of August, 2011.

 

If the first installment or any succeeding installment of taxes is not paid by the tenth (10th) business day following the last date of the respective installment period or periods as they occur, then the whole tax or remaining unpaid balance of the tax as the case may be, shall immediately become due and payable and shall carry until collected a penalty at the rate of twelve percent (12%) per annum from August 1, 2011 for real and personal property taxes, and at a penalty rate of twelve percent (12%) per annum as allowed by the laws of the State of Rhode Island for motor vehicle excise tax.  Upon payment of any and all delinquent quarterly installments together with interest accrued on the full unpaid balance of the tax, the right to pay the remaining taxes on the installment basis will be reinstated;

 

BE IT FURTHER RESOLVED:  that the Tax Collector is ordered and directed to make levy or levies on all property or properties and persons whereon, or show whose tax or taxes remain unpaid on the First Monday in March A.D. 2012, and to forthwith proceed according to law to collect said tax or taxes so delinquent;

 

BE IT FURTHER RESOLVED:  that the Director of Finance of this Town be and he is hereby instructed and empowered to hire all necessary funds for the use of the Town for the year ensuing, and to renew all notes against the Town outstanding as may be found necessary.

 

BE IT FURTHER RESOLVED:  that the Director of Finance be and he is hereby authorized to issue from time to time notes of the Town of South Kingstown, subject to the approval of the Town Council, in anticipation of the receipt of taxes assessed as of December 31, 2010.  Said borrowed moneys shall be used and expended for the payment of current liabilities and expenses of said Town of South Kingstown, and shall be issued under the authority of Title 45-12-4 of the General Laws of Rhode Island, 1956 as amended.

 

C.        The Town Solicitor gives a brief presentation, and it is

 

UNANIMOUSLY VOTED: to adopt a resolution in support of legislative amendments to protect Rhode Island cities and towns and their public officials and employees, as follows:

 

RESOLUTION SUPPORTING LEGISLATIVE AMENDMENTS

TO PROTECT RHODE ISLAND’S CITIES AND TOWNS

AND THEIR PUBLIC OFFICIALS / EMPLOYEES

 

WHEREAS,        the Town Council finds that cities and towns are being faced with ever increasing demands upon their finances and that public officials and employees are increasingly and unfairly confronted with threats of personal liability from their official acts on behalf of the public they serve; and

 

WHEREAS,        the Town Council finds that the legislative restrictions imposed upon the cities and towns relative to their ability to raise revenue have severely hampered the operations of municipal government; and

 

WHEREAS,        the Town Council finds that the current state of the law in Rhode Island imposes unfair burdens upon municipal government, its public officials and employees, and the taxpayers of Rhode Island’s cities and towns due to a statutory scheme that imposes unreasonable liability upon the cities and towns of Rhode Island; and

 

WHEREAS,        the Town Council finds that legislative reform is necessary in order to adequately protect municipal governments, their officials and employees and the taxpayers from inequitable treatment due to the current state of the law with respect to municipal liability; and

 

WHEREAS, legislation has been introduced in the House of Representatives and in the Senate that would ensure the equitable treatment of public entities by amending the following sections of the Rhode Island General Laws:

 

      §9-31-3. Limitation of Damages – Cities, towns and fire districts

      §10-6-2. “Joint tortfeasors” defined

      §9-21-10. Interest in civil actions

 

NOW, THEREFORE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN respectfully requests that the General Assembly support these proposed legislative changes as set forth in the following bills: H 5643, H 5670, H 5674, H 5686, S 0640 and S 0689.

 

BE IT FURTHER RESOLVED that the Town Clerk is hereby instructed to submit a copy of this resolution to our local Senator and Representatives seeking their consideration and support of these legislative proposals.

 

D.        UNANIMOUSLY VOTED: to authorize an award of bid to Atlas PyroVision Productions, P.O. Box 498, Jaffrey, NH 03452 for the 2011 Fourth of July fireworks display, in accordance with all bidding specifications, in an amount not to exceed $17,900; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated April 14, 2011 and entitled: “Recommendation for bid award – Fourth of July Fireworks Display.” Ref. No. R-2011-274.

 

E.        UNANIMOUSLY VOTED: to authorize the amendment of an award of bid originally granted on March 28, 2005, as amended June 12, 2006 and December 8, 2008 to Camp, Dresser and McKee, Inc., 1 Cambridge Place, 50 Hampshire Street, Cambridge, MA 02139 for WebGIS Programming Services from an amount not to exceed $35,000 to an amount not to exceed $45,000; and as further described in a memorandum from the GIS Administrator to the Town Manager dated April 13, 2011 and entitled “Proposed CDM WebGIS Server Contract Amendment.” Ref. No. G-2011-392(A).

 

F.         A resolution to amend the number of Class A Retail Liquor Licenses allowed under the Town’s Rules and Regulations is considered.

Councilman O’Neill comments that he supports maintaining the number at four.

 

Bob Trager comments that we have enough liquor stores in town.

 

Attorney John Pagliarini is present and comments on behalf of a pending application before the Planning Board to amend the SMD Master Plan; the co-applicants are South County Commons and Village Liquors LLC, owned by his wife. Mr. Pagliarini submits a map showing the locations of the existing liquor stores, and discusses the areas where another liquor store could be sited. He requests that the Council allow a fifth Class A Liquor License.  

 

Discussion ensues, and it is

 

UNANIMOUSLY VOTED: to amend the Town’s Liquor License Rules and Regulations relative to Class A Retail Licenses, as follows:

 

I.          The number of licenses for each class shall be authorized as indicated below:

 

Class			Number
A				4 (not to exceed 1 per 6,000 inhabitants maximum)

 

***********

VIII.           REVIEW OF THE NUMBER OF AUTHORIZED LICENSES

 

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

D.  The maximum number of Class A Retail Liquor Licenses shall remain at four.

 

 

G.        UNANIMOUSLY VOTED: to table a resolution establishing a procedure and timeline for interested parties to apply for a Class A Retail Liquor License. 

 

J.         UNANIMOUSLY VOTED: to authorize an award of bid to Tom Irwin, Inc., 11 A Street, Burlington, MA 01803 for the purchase of turf management supplies and turf consulting services, in accordance with all proposal specifications, in an amount not to exceed $10,850; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated April 18, 2011 and entitled “Bid Recommendation Turf Management Supplies and Consulting Services.”  Ref. No. R-2011-275.

 

UNANIMOUSLY VOTED:  to adjourn at 9:07 PM.

 

Dale S. Holberton, CMC

Town Clerk