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WORK SESSION

JULY 10, 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 10^thday of July 2017 at 6:45 PM.

PRESENT: Margaret M. Healy, President

Abel G. Collins, Vice President

Bryant C. DaCruz

Liz Gledhill

Joe Viele

1. A. WORK SESSION

Discussion ensues relative to the August meeting schedule: a Regular Town Council meeting has been scheduled for Tuesday, August 15, 2017, and another meeting has been tentatively scheduled for Tuesday, August 8, 2017 at 5:00 PM for the purpose of a bond sale. There will be no meeting on August 28, 2017.

Discussion ensues relative to Public Hearing 7A to consider expansion of the Diane Drive Special Sewer Area by adding an additional dwelling unit associated with Tax Assessor’s Plat 24-1, Lot 26 (or portion thereof) into the Diane Drive Special Sewer Area, subject to the terms and conditions set forth in the Town Code, Chapter 19 Utilities, Article II. Wastewater Management, Section 19-146. Special area sewer assessments, fees and user charges.

Discussion ensues relative to Communication Item 8A adopted June 13, 2017 by the South Kingstown School Committee in opposition to a proposed legislative initiative entitled “The Marijuana Regulation, Control, and Taxation Act”.

Discussion ensues relative to Communication Item 8B, communications from the South Kingstown Immigration Task Force and others concerning adoption of a local immigration protection ordinance.

Discussion ensues relative to Communication Item 8C dated June 29, 2017 from Mark S. Spangler, Secretary, Washington County Veterans Council announcing the organization’s donation to fund the cost of the structural engineering analysis for the restoration of the World War I Memorial at Hazard School.

Discussion ensues relative to New Business Item 13D authorizing an award of contract to Geisser Engineering Corporation, 227 Wampanoag Trail, Riverside, RI 02915-0480 to evaluate and provide a Structural Engineering Analysis for the War Memorial located on the Hazard School property at 153 School Street in Wakefield in an amount not to exceed $2,560.

Discussion ensues relative to New Business Item 13A adopting a proclamation in honor of Sergeant Joyce Comstock upon her retirement from the South Kingstown Police Department.

Discussion ensues relative to New Business Item 13B, a claim filed by Frederick Channing relative to an incident that occurred on or about August 25, 2014.

Discussion ensues relative to New Business Item 13C authorizing the Town Clerk to advertise for Order of Notice a Public Hearing to consider new projects proposed for inclusion in the State Transportation Improvement Program. The Public Hearing will be held on July 24, 2017.

Discussion ensues relative to New Business Item 13E authorizing the approval of resolutions, as prepared by Bond Counsel authorizing the advancement of funds from the Town treasury and the subsequent reimbursement from bond proceeds for School Capital Improvements, School/Community Gymnasium and Capital Transportation Improvements.

Discussion ensues relative to New Business Item 13F authorizing the Town Manager to enter into, and execute, a two-year solid waste and recycling services agreement with the RI Resource Recovery Corporation, 65 Shun Pike, Johnston, RI 02919-4512 for the disposal of municipal solid waste and recyclables for the period July 1, 2017 through June 30, 2019.

Discussion ensues relative to the water system going on odd/even days for watering uses.

Discussion ensues relative to the Elderly Tax Abatement applications. There has been a significant decline in those applications over the last five years.

Discussion ensues relative to the Town having been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association for its Comprehensive Annual Financial Report (CAFR).

Discussion ensues relative to appointments to the Bicycle – Pedestrian Advisory Committee.

Discussion ensues relative to the Planning Board holding a meeting at Farmhouse-By-The-Sea on Friday, July 14, 2017.

Discussion ensues relative to marijuana cultivation facilities. There are three applications that have been received, all on the same parcel.

Convened to Regular Session.

Dale S. Holberton, CMC, Town Clerk

REGULAR SESSION

JULY 10, 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 10^th day of July 2017 at 7:30 PM.

PRESENT: Margaret M. Healy, President

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.

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 Session held on June 26, 2017 are accepted, approved and placed on file.

B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on June 26, 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) 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) 13B. UNANIMOUSLY VOTED: that a claim filed by Frederick Channing relative to an incident that occurred on or about August 25, 2014 be referred to the Town Solicitor and the Town’s insurance carrier.

(CA) 13C. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider new projects proposed for inclusion in the State Transportation Improvement Program.

(CA) 13D. UNANIMOUSLY VOTED: to authorize an award of contract to Geisser Engineering Corporation, 227 Wampanoag Trail, Riverside, RI 02915-0480 to evaluate and provide a Structural Engineering Analysis for the War Memorial located on the Hazard School property at 153 School Street in Wakefield in an amount not to exceed $2,560; and as further described in a memorandum from the Town Clerk to the Town Manager dated July 3, 2017 and entitled “Award of Contract for War Memorial Restoration, Phase 1 Structural Engineering Analysis.”

(CA) 13G. 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.”

13A. New Business Item 13A. is brought forward and presented, and it is

UNANIMOUSLY VOTED: to adopt a proclamation in honor of Sergeant Joyce Comstock upon her retirement from the South Kingstown Police Department, as follows:

SERGEANT JOYCE COMSTOCK

WHEREAS, SERGEANT JOYCE COMSTOCK joined the South Kingstown Police Department on August 22, 1984 and served a total of 32 years and 8 months until her retirement on May 3, 2017, and

WHEREAS, she was the first South Kingstown female officer to train at the Rhode Island Municipal Police Training Academy and to be promoted to the rank of Sergeant, and

WHEREAS, her calm and pragmatic demeanor aided in the supervision of other members of the department and in securing the confidence of the citizens of the Town, and

WHEREAS, the South Kingstown Police Department and the Town of South Kingstown have been privileged to have someone as experienced and capable as SERGEANT JOYCE COMSTOCK who has demonstrated the highest professional standards and dedicated service to the Town and its people.

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby acknowledge the substantial contributions made by SERGEANT JOYCE COMSTOCK to the well being and safety of the entire community, and extend best wishes for a happy, healthy retirement and much success in all future endeavors.

6. LICENSES – none

7. PUBLIC HEARING

A. Notice having been duly given, a Public Hearing is held to consider expansion of the Diane Drive Special Sewer Area by adding an additional dwelling unit associated with Tax Assessor’s Plat 24-1, Lot 26 (or portion thereof) into the Diane Drive Special Sewer Area, subject to the terms and conditions set forth in the Town Code, Chapter 19 Utilities, Article II. Wastewater Management, Section 19-146. Special area sewer assessments, fees and user charges.

Background information relative to this Public Hearing concerning a request for expansion of the Diane Drive Special Sewer Area was previously distributed to the Town Council with the June 22, 2017 Town Manager's Report, Agenda Item I 13A.

Town Manager Stephen A. Alfred gives a presentation.

Jon Giampietro, member of Allen Avenue LLC, the property owner is present and testifies regarding his application.

Discussion ensues, and it is

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: to approve the expansion of the Diane Drive Special Sewer Area by adding an additional dwelling unit associated with Tax Assessor’s Plat 24-1, Lot 26 (or portion thereof) into the Diane Drive Special Sewer Area, subject to the terms and conditions set forth in the Town Code, Chapter 19 Utilities, Article II. Wastewater Management, Section 19-146. Special area sewer assessments, fees and user charges.

8. COMMUNICATIONS

A. UNANIMOUSLY VOTED: that a resolution adopted June 13, 2017 by the South Kingstown School Committee in opposition to a proposed legislative initiative entitled “The Marijuana Regulation, Control, and Taxation Act” is received and placed on file. (6/29/2017 Interim, Item D.)

B. Communications from the South Kingstown Immigration Task Force and others concerning adoption of a local immigration protection ordinance are considered. The following residents are present and offer comments:

Nessa Richman

Timothy Murphy, South Kingstown Immigration Task Force

Tia Beckman speaks and files two handouts related to public education

Harris Pitnof

Nessa Richman files postcards asking for support of our immigrant community

Jim O’Neill

Joe Dziobek, Director, Welcome House of South County

Discussion ensues, and it is

UNANIMOUSLY VOTED: that communications from the South Kingstown Immigration Task Force and others concerning adoption of a local immigration protection ordinance are received, placed on file, and referred to the Town Solicitor. (6/29/2017 Interim, Item B. and 7/6/2017 Miscellaneous, Item II C.)

C. Mark Spangler, member of the Town’s Saugatucket Veterans Memorial Park Commission and the Washington County Veterans Council is present and discusses the planned restoration of the World War I Memorial. Steve Stewart and Jim Tourgee, also members of the Veterans organizations are in attendance and the group presents a check to the Town Council from the Washington County Veterans Council to support the initial work on the World War I Memorial.

Discussion ensues, and after the Town Council members express their appreciation for the donation, it is

UNANIMOUSLY VOTED: that a communication dated June 29, 2017 from Mark S. Spangler, Secretary, Washington County Veterans Council announcing the organization’s donation to fund the cost of the structural engineering analysis for the restoration of the World War I Memorial at Hazard School is received, placed on file, and the Town Council accepts the donation. (7/6/2017 Miscellaneous, Item II F.)

9. COMMENTS FROM INTERESTED CITIZENS

Council President Healy invites residents to come forward with comments.

David Flanders is present and complains about excessive noise from unmuffled motorcycles.

UNANIMOUSLY VOTED: to add the topic of motorcycle noise to the Agenda for discussion.

Interim Police Chief Joseph P. Geaber, Jr. responds regarding traffic enforcement issues, and discussion ensues.

Dr. Bill Rosen is present and comments on receiving his property tax bill and questions the effect that the state’s lack of an approved budget may have on the municipalities.

Ken Burke is present and requests that the four applicants for the Bike – Ped Committee be appointed now even though the minimum membership was set at five.

Councilwoman Gledhill thanks Terry Murphy, Director of Leisure Services and her team for a successful 4^th of July Celebration.

10. TOWN MANAGER’S REPORT

The Town Manager discusses the need to prohibit drones at fireworks displays due to the danger they pose; notes the Town has again received a Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report (CAFR) for fiscal year 2016; and the need for shared responsibilities with the downtown merchants in regard to obtaining a RI Commerce Grant for Main Street. The Town Manager’s Interim Report dated June 29, 2017, and the Agenda and Miscellaneous Reports dated July 6, 2017 are accepted, approved and placed on file.

11. TOWN SOLICITOR’S REPORT – none

12. APPOINTMENTS

A. UNANIMOUSLY VOTED: to appoint Kenneth J. Burke, Kateri E. Collins, David E. Hamel and Jenn Judge to the Bicycle – Pedestrian Advisory Committee for terms to expire in July 2019.

UNANIMOUSLY VOTED: to reappoint Lorraine Joubert to the Conservation Commission for a term to expire in September 2020.

13. NEW BUSINESS

E. UNANIMOUSLY VOTED: to authorize the approval of the following resolutions, as prepared by Bond Counsel authorizing the advancement of funds from the Town treasury and the subsequent reimbursement from bond proceeds for School Capital Improvements, School/Community Gymnasium and Capital Transportation Improvements; as further described in a memorandum from the Finance Director to the Town Manager dated July 5, 2017 and entitled “Request for resolution to approve reimbursements from bond proceeds.”

RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE ISSUANCE

OF BONDS AND/OR NOTES IN AN AMOUNT NOT TO EXCEED $1,000,000

TO FINANCE CAPITAL IMPROVEMENTS AT VARIOUS SCHOOLS

RESOLVED, That:

SECTION 1. Pursuant to a Resolution passed at the Financial Town Meeting held on April 29, 2003 (the “Resolution”), the Town of South Kingstown (the “Town”) appropriated an amount not to exceed $4,000,000 for the purpose of financing capital improvements at various schools (the “Project”) to be funded through the issuance of bonds, $3,000,000 of which have been issued as of this date.

SECTION 2. Pursuant to Rhode Island General Laws Section 45-12-2 and the Resolution, the Director of Finance and the President of the Town Council be and hereby are authorized to issue on behalf of the Town, an amount not exceeding One Million Dollars ($1,000,000) bonds of the Town, at one time, or from time to time in order to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund not exceeding $1,000,000 interest bearing or discounted notes in anticipation of the issue of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.

SECTION 4. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds or notes may be fixed by the officers authorized to sign the bonds or notes.

SECTION 5. The said officers from time to time may apply for, contract for and expend any federal or state advances or other grants or assistance which may be available for the purposes specified in Section 1 hereof.

SECTION 6. Pending the issuance of the bonds under Section 2 hereof or pending or in lieu of the issue of notes under Section 3 hereof, the Director of Finance, at the written direction of the Town Council, may expend funds from the general treasury of the Town for the purposes specified in Section 1 hereof. Any advances made under this section shall be repaid without interest from the proceeds of the bonds or notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.

SECTION 7. The Director of Finance and the President of the Town Council are also authorized, empowered and directed, on behalf of the Town, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing, including, without limitation, a Preliminary Official Statement, a final Official Statement, all in such form and with such provisions as such officer shall deem advisable; (ii) amend, modify or supplement the bonds or notes any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as officers shall deem necessary, desirable or advisable; (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this resolution in order to effectuate said borrowing and the intent hereof.

SECTION 8. The Director of Finance and the President of the Town Council are hereby authorized to take all lawful action necessary or desirable under the Internal Revenue Code of 1986, as amended (the “Code”), to insure that the interest on any bonds and notes will remain exempt from federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on such bonds and notes to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code. The Director of Finance and the President of the Town Council are further authorized to take all lawful action necessary or desirable to designate the bonds and notes as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code.

SECTION 9. This resolution is an affirmative action of the Town Council of the Town toward the issuance of bonds and notes in accordance with the purposes of the laws of the State. This resolution constitutes the Town’s declaration of official intent, pursuant to Treasury Regulation §1.150(2), to reimburse the Town for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to June 13, 2016, the date of the Town's original declaration of official intent was made, but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $1,550,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 10. The Director of Finance and the President of the Town Council are authorized to take all actions necessary to comply with federal securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the “SEC Rule”) and to execute and deliver a Continuing Disclosure Certificate in connection with the bonds or notes in the form as shall be deemed advisable by the Director of Finance and the President of the Town Council in order to comply with the SEC Rule. The Town hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstanding any other provision of this resolution or the bonds or notes, failure of the Town to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under the Continuing Disclosure Certificate.

SECTION 11. This resolution shall take effect upon passage.

RESOLUTION AUTHORIZING THE TOWN OF SOUTH KINGSTOWN

TO FINANCE THE CONSTRUCTION OF A SCHOOL/COMMUNITY GYMNASIUM

AND TO ISSUE NOT MORE THAN $1,550,000 BONDS THEREFOR

RESOLVED, That:

SECTION 1. Pursuant to Chapters 76/162 of the Public Laws of 2004 and a vote of the Town electorate on November 2, 2004, an amount not to exceed One Million Five Hundred Fifty Thousand Dollars ($1,550,000) is appropriated to finance the construction of a gymnasium for school and community recreation programs (the "Project").

SECTION 2. The Director of Finance and the President of the Town Council be and hereby are authorized to issue on behalf of the Town, an amount not exceeding One Million Five Hundred Fifty Thousand Dollars ($1,550,000) bonds of the Town, at one time, or from time to time in order to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund not exceeding $1,550,000 interest bearing or discounted notes in anticipation of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.

SECTION 4. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds may be fixed by the officers authorized to sign the bonds and notes.

SECTION 6. Pending the issuance of the bonds under Section 2 hereof or pending in lieu of the issue of notes under Section 3 hereof, the Director of Finance, at the written direction of the Town Council, may expend funds from the general treasury of the Town for the purposes specified in Section 1 hereof. Any advances made under this section shall be repaid without interest from the proceeds of the bonds and notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.

SECTION 7. The Director of Finance and the President of the Town Council are also authorized, empowered and directed, on behalf of the Town, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the bonds or notes and any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this resolution in order to effectuate said borrowing and the intent hereof.

SECTION 9. This resolution is an affirmative action of the Town Council of the Town toward the issuance of bonds and notes in accordance with the purposes of the laws of the State. This resolution constitutes the Town’s declaration of official intent, pursuant to Treasury Regulation §1.150(2), to reimburse the Town for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of the referendum, but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $1,550,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 10. The Director of Finance and the President of the Town Council are authorized to take all actions necessary to comply with federal securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to execute and deliver one or more Disclosure Certificates in connection with the bonds and notes in the form as shall be deemed advisable by the Director of Finance and the President of the Town Council in order to comply with the Rule. The Town hereby covenants and agrees that it will comply with and carry out all of the provisions of the Disclosure Certificates, as they may be amended from time to time. Notwithstanding any other provision of this Resolution or the bonds or notes, failure of the Town to comply with a Disclosure Certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under the Disclosure Certificate.

SECTION 11. This resolution shall take effect upon passage.

RESOLUTION AUTHORIZING THE TOWN OF SOUTH KINGSTOWN

TO FINANCE THE ACQUISITION OF LAND AND/OR CONSTRUCTION

OF A COMMUNITY GYMNASIUM AND TO ISSUE NOT MORE THAN

$1,600,000 BONDS THEREFOR

RESOLVED, That:

SECTION 1. Pursuant to Chapters 390/515 of the Public Laws of 2006 and a vote of the Town electorate on November 7, 2006, an amount not to exceed One Million Six Hundred Thousand Dollars ($1,600,000) is appropriated to finance the acquisition of land and/or construction of a gymnasium for school and community recreation programs (the "Project").

SECTION 2. The Director of Finance and the President of the Town Council be and hereby are authorized to issue on behalf of the Town, an amount not exceeding One Million Six Hundred Thousand Dollars ($1,600,000) bonds of the Town, at one time, or from time to time in order to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund not exceeding $1,600,000 interest bearing or discounted notes in anticipation of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.

SECTION 4. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds may be fixed by the officers authorized to sign the bonds and notes.

SECTION 7. The Director of Finance and the President of the Town Council are also authorized, empowered and directed, on behalf of the Town, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the bonds or notes and any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this resolution in order to effectuate said borrowing and the intent hereof.

SECTION 9. This resolution is an affirmative action of the Town Council of the Town toward the issuance of bonds and notes in accordance with the purposes of the laws of the State. This resolution constitutes the Town’s declaration of official intent, pursuant to Treasury Regulation §1.150(2), to reimburse the Town for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of the referendum, but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $1,600,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 10. The Director of Finance and the President of the Town Council are authorized to take all actions necessary to comply with federal securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to execute and deliver one or more Disclosure Certificates in connection with the bonds and notes in the form as shall be deemed advisable by the Director of Finance and the President of the Town Council in order to comply with the Rule. The Town hereby covenants and agrees that it will comply with and carry out all of the provisions of the Disclosure Certificates, as they may be amended from time to time. Notwithstanding any other provision of this Resolution or the bonds or notes, failure of the Town to comply with a Disclosure Certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under the Disclosure Certificate.

SECTION 11. This resolution shall take effect upon passage.

RESOLUTION OF THE TOWN OF SOUTH KINGSTOWN AUTHORIZING THE

TOWN TO FINANCE THE CONSTRUCTION, FURNISHING, EQUIPPING AND LANDSCAPING OF A COMMUNITY RECREATION CENTER IN THE TOWN

BY THE ISSUANCE OF NOT MORE THAN $1,000,000 BONDS, NOTES

AND/OR OTHER EVIDENCES OF INDEBTEDNESS THEREFOR

RESOLVED, That:

SECTION 1. Pursuant to Chapters 243/300 of the Public Laws of 2014 and a vote of the Town electorate on November 4, 2014, an amount not to exceed One Million Dollars ($1,000,000) is appropriated to finance the construction, furnishing, equipping and landscaping of a Community Recreation Center in the Town (the "Project").

SECTION 2. The Finance Director and the President of the Town Council be and hereby are authorized to issue on behalf of the Town, an amount not exceeding One Million Dollars ($1,000,000) bonds of the Town, at one time, or from time to time in order to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund not exceeding $1,000,000 interest bearing or discounted notes in anticipation of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.

SECTION 4. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds may be fixed by the officers authorized to sign the bonds and notes.

SECTION 6. Pending the issuance of the bonds under Section 2 hereof or pending in lieu of the issue of notes under Section 3 hereof, the Finance Director, at the written direction of the Town Council, may expend funds from the general treasury of the Town for the purposes specified in Section 1 hereof. Any advances made under this section shall be repaid without interest from the proceeds of the bonds and notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.

SECTION 7. The Finance Director and the President of the Town Council are also authorized, empowered and directed, on behalf of the Town, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the bonds or notes and any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this resolution in order to effectuate said borrowing and the intent hereof.

SECTION 8. The Finance Director together with the President of the Town Council be, and hereby are, authorized to deliver the bonds or notes to the purchasers and said officers be, and hereby are, authorized and instructed to take all actions, on behalf of the Town, necessary to ensure that interest on the bonds or notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the bonds to become subject to federal income taxes.

SECTION 9. This resolution is an affirmative action of the Town Council of the Town toward the issuance of bonds and notes in accordance with the purposes of the laws of the State. This resolution constitutes the Town’s declaration of official intent, pursuant to Treasury Regulation §1.150(2), to reimburse the Town for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of the referendum but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $1,000,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 10. The Director of Finance and the President of the Town Council are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to execute and deliver one or more Disclosure Certificates in connection with the bonds and notes in the form as shall be deemed advisable by the Director of Finance and the President of the Town Council in order to comply with the Rule. The Town hereby covenants and agrees that it will comply with and carry out all of the provisions of the Disclosure Certificates, as they may be amended from time to time. Notwithstanding any other provision of this Resolution or the bonds or notes, failure of the Town to comply with a Disclosure Certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under the Disclosure Certificate.

SECTION 11. This resolution shall take effect upon passage.

RESOLUTION AUTHORIZING THE TOWN OF SOUTH KINGSTOWN

TO FINANCE CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

AND TO ISSUE NOT MORE THAN $400,000 BONDS THEREFOR

RESOLVED, That:

SECTION 1. Pursuant to Chapters 387/514 of the Public Laws of 2006 and a vote of the Town electorate on November 7, 2006, an amount not to exceed Four Hundred Thousand Dollars ($400,000) is appropriated to finance the Town's share of reconstructing various arterial roads within the Town (the "Project").

SECTION 2. The Director of Finance and the President of the Town Council be and hereby are authorized to issue on behalf of the Town, an amount not exceeding Four Hundred Thousand Dollars ($400,000) bonds of the Town, at one time, or from time to time in order to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund not exceeding $400,000 interest bearing or discounted notes in anticipation of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.

SECTION 4. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the bonds may be fixed by the officers authorized to sign the bonds and notes.

SECTION 7. The Director of Finance and the President of the Town Council are also authorized, empowered and directed, on behalf of the Town, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the bonds or notes and any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this resolution in order to effectuate said borrowing and the intent hereof.

SECTION 9. This resolution is an affirmative action of the Town Council of the Town toward the issuance of bonds and notes in accordance with the purposes of the laws of the State. This resolution constitutes the Town’s declaration of official intent, pursuant to Treasury Regulation §1.150(2), to reimburse the Town for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of the referendum but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $400,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION 10. The Director of Finance and the President of the Town Council are authorized to take all actions necessary to comply with federal securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and to execute and deliver one or more Disclosure Certificates in connection with the bonds and notes in the form as shall be deemed advisable by the Director of Finance and the President of the Town Council in order to comply with the Rule. The Town hereby covenants and agrees that it will comply with and carry out all of the provisions of the Disclosure Certificates, as they may be amended from time to time. Notwithstanding any other provision of this Resolution or the bonds or notes, failure of the Town to comply with a Disclosure Certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under the Disclosure Certificate.

SECTION 11. This resolution shall take effect upon passage.

F. UNANIMOUSLY VOTED: to authorize the Town Manager to enter into, and execute, a two-year solid waste and recycling services agreement with the RI Resource Recovery Corporation, 65 Shun Pike, Johnston, RI 02919-4512 for the disposal of municipal solid waste and recyclables for the period July 1, 2017 through June 30, 2019; and as further described in a memorandum from the Public Services Director to the Town Manager dated July 5, 2017 and entitled “RI Resource Recovery Corporation (RIRRC) Municipal Solid Waste (MSW) and Recycling Services Agreement for FY 2017-18 & FY 2018-19.”

UNANIMOUSLY VOTED: to recess to Closed Executive Session at 8:50 PM pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: employment agreement for Stephen A. Alfred, Town Manager.

Mr. Alfred has been notified of his right to have this discussion in open session.

Regular Session is reconvened at 9:25 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: employment agreement for Stephen A. Alfred, Town Manager.

UNANIMOUSLY VOTED: to authorize the Town Council President to execute personnel action documents, as described in a memorandum from the Town Manager to the Town Council dated June 30, 2017 and entitled “FY 2017-2018 Town Manager’s Compensation Program.”

UNANIMOUSLY VOTED: to adjourn at 9:30 PM.

Dale S. Holberton, CMC

Town Clerk