REGULAR SESSION 
MAY 8, 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 8th day of May 2017 at 7:30 PM.
PRESENT: 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 four members are present. Council President Healy is absent.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on April 24, 2017 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on April 24, 2017 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on April 24, 2017 are accepted, approved and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
UNANIMOUSLY VOTED: to add a Closed Executive Session to the Agenda pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to possible litigation re: the Campus Cinema property.
(CA) 8C. UNANIMOUSLY VOTED: that a resolution adopted April 24, 2017 by the East Greenwich Town Council in opposition to House Bill H 5475 and Senate Bill S 0481 that seek to reduce the required time frames for Planning Board decisions on major subdivisions and land development projects is received and placed on file. (4/27/2017 Interim, Item F.)
(CA) 8D. UNANIMOUSLY VOTED: that a communication dated April 17, 2017 from Leland W. Brown requesting a waiver of penalty on a late sewer tax payment is received, placed on file, and referred to the Tax Collector for response. (4/27/2017 Interim, Item K.)
(CA) 8F. 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: to authorize the Tax Assessor to abate taxes in the total amount of $394.40, as shown on Tax Abatement Request No. 539.
(CA) 13C. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to a request for Additional Operational Hours between 2:00 AM and 6:00 AM filed by Kasbac LLC d/b/a McDonald’s Restaurant, 140 Old Tower Hill Road, Wakefield, RI 02879. Application by Paul V. Farren, Manager, 21 Union Street, Suite 504, New Bedford, MA 02740.
(CA) 13D. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing+ to consider proposed amendments to the Zoning Ordinance relative to Article 3. Use Regulations, Article 5. Supplementary Regulations, Article 12. Definitions and Appendix A. Use Code Descriptions pertaining to the regulation of solar energy systems.
(CA) 13F. UNANIMOUSLY VOTED: that a claim filed by V. Edward Formisano, Esquire on behalf of his client, Lisa DeMaria relative to her former employment at the School Department be referred to the Town Solicitor, the Town’s insurance carrier and the School Superintendent.
(CA) 13I. 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. Betty Moylan is present and after testimony and discussion, it is
UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct the 12th Annual Narrow River Turnaround Swim on Saturday, June 24, 2017 at 9 AM to the Narrow River Preservation Association, P.O. Box 8, Saunderstown, RI 02874 subject to the execution of a hold harmless agreement indemnifying the Town, and issuance of a Certificate of Insurance naming the Town as an additional insured for the event in the amounts specified by the Finance Director. Proceeds to fund NRPA water testing and education initiatives. Application by Alison Kates, Program Coordinator, 60 Broad Rock Road, Wakefield, RI 02879; Renewal. License No. SE-17-6.
B. Drew Davis is present and after testimony and discussion, it is
UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct a portion of the 2017 Ride the Rhode bike event in South Kingstown on Saturday, June 10 and Sunday, June 11, 2017 to the National Multiple Sclerosis Society, 101A First Avenue, Suite 6, Waltham, MA 02451 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 for the event in the amounts specified by the Finance Director, approval by the Town’s Traffic and Transportation Review Committee and the RIDOT. Proceeds to benefit MS programs and research. Application by Drew Davis, Director of Logistics, 8 Old Lancaster Road, Sudbury, MA 01776; Renewal. License No. SE-17-2.
7. PUBLIC HEARINGS
A. Notice having been duly given, a Public Hearing is held to consider an application for expansion 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
Application for expansion of a Class B Victualler Liquor License filed by SWT, LLC d/b/a Salt Water Tavern, 195 Main Street, Wakefield, RI by Scott Sogard, Managing Member. Applicant requests permission to expand the area in which alcoholic beverages may be served to include a new patio area, including a 13 stool bar, located in the former alley way to the west of the building, in accordance with a Special Use Permit granted June 15, 2016 by the Zoning Board of Review; and as further defined in a site plan dated April 4, 2017 on file in the Town Clerk’s office.
Scott Sogard is present and testifies regarding this application.
Discussion ensues relative to the seasonal nature of the use, handicapped accessibility, music and parking leases.
Tricia Klode, from Mars Attracts Salon next door to the restaurant, is present and requests that a gate be put in place at the restaurant’s dumpster which is located on the abutting property.
Bob Trager is present and speaks in support of the application.
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to approve an application for expansion 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
Expansion of a Class B Victualler Liquor License by SWT, LLC d/b/a Salt Water Tavern, 195 Main Street, Wakefield, RI by Scott Sogard, Managing Member. Applicant is granted permission to expand the area in which alcoholic beverages may be served to include a new patio area, including a 13 stool bar, located in the former alley way to the west of the building, in accordance with a Special Use Permit granted June 15, 2016 by the Zoning Board of Review; and as further defined in a site plan dated April 4, 2017 on file in the Town Clerk’s office. License No. AL-17-5.
Said expansion is contingent upon compliance with all Town ordinances and regulations, the payment of any municipal taxes and user fees in arrears to the Town, the correction of any fire code violations, and with the stipulation that a gate be put in place facing the lot where the dumpster is located next to Mars Attracts Salon.
B. Notice having been duly given, a Public Hearing is held to consider proposed amendments to the Zoning Ordinance relative to Article 3. Use Regulations, Article 5. Supplementary Regulations, Article 6. Overlay Zones, Special Zones and Special Management Districts, and Article 12. Definitions pertaining to the regulation of marijuana related uses, including the new uses of Marijuana Retail Facility, Marijuana Cultivation Facility and Marijuana Emporium, as shown on the Agenda as Exhibit 1.
A communication dated March 29, 2017 from the Planning Board providing their recommendation for approval is referenced and placed on file.
Chelsea Siefert, Director of Planning gives a presentation.
The following persons are present and comment:
John Kelly
Bob Trager
David Goss
Karina Burston
Discussion ensues, and a minor amendment to Section 504.15 B. is recommended as follows:
B. The marijuana retail facility or marijuana cultivation facility must not be located within:
1. One thousand (1,000) feet from a pre-existing public or private school, not including higher education facilities, or pre-school, or any licensed day-care center, not including higher education facilities; or
2. Two thousand (2,000) feet from any other marijuana retail facility or marijuana cultivation facility.
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt revisions to the Zoning Ordinance, as amended, relative to Article 3. Use Regulations, Article 5. Supplementary Regulations, Article 6. Overlay Zones, Special Zones and Special Management Districts, and Article 12. Definitions pertaining to the regulation of marijuana related uses, including the new uses of Marijuana Retail Facility, Marijuana Cultivation Facility and Marijuana Emporium, as shown as follows. Said approval incorporates the Planning Board’s Findings of Fact relating to Consistency with the Comprehensive Community Plan and Consistency with the Purposes of Zoning, as detailed in their letter dated March 29, 2017, as follows.
ARTICLE 3: USE REGULATIONS
Sec. 300. Schedule of use regulations.
Add the following Use Code Category:
| 10 | Marijuana-Related Uses |
Sec. 301. Schedule of Use Regulations Table.
Add the following uses:
| Use Code | Use | R200 | R80 | R40 | R30 | R20 | R10 | RM | MU | CN | CD | CH | CW | NOTES |
| 100 | Marijuana retail facility | N | N | N | N | N | N | N | N | N | N | S | N | See Section 504.15 |
| 101 | Marijuana cultivation facility | N | N | N | N | N | N | N | N | N | N | N | N | See Section 504.15 |
| 102 | Marijuana emporium | N | N | N | N | N | N | N | N | N | N | N | N | |
| Use Code | Use | IND-1 | IND-2 | IND-3 | GI | OS | HFD Overlay | NOTES |
| 100 | Marijuana retail facility | S | N | N | N | N | N | Allowed by SUP only in the West Kingston IND-1 zone, as defined in Section 101.C; see Section 504.15 |
| 101 | Marijuana cultivation facility | S | N | N | N | N | N | Allowed by SUP only in the West Kingston IND-1 zone, as defined in Section 101.C; see Section 504.15 |
| 102 | Marijuana emporium | N | N | N | N | N | N | |
* * *
ARTICLE 5: SUPPLEMENTARY REGULATIONS
* * *
Add the following subsection:
Sec. 504.15. Marijuana-related uses.
Marijuana retail facilities, and/or marijuana cultivation facilities may be allowed by special use permit in those zones specified in Section 301, subject to the following conditions:
A. The application for a special use permit shall provide the legal name and address of the retail or cultivation facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the Development Plan approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island “Rules and Regulations Related to the Medical Marijuana Program Administered by the Department of Business Regulation,” Regulation 230-RICR-800-05-1.
B. The marijuana retail facility or marijuana cultivation facility must not be located within:
1. One thousand (1,000) feet from a pre-existing public or private school, or pre-school, or any licensed day-care center, not including higher education facilities; or
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.
D. Hours of operation for a marijuana retail facility or marijuana cultivation facility shall be limited to 8:00 a.m. to 8:00 p.m.
E. The proposed facilities shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.
F. Development Plan Review and approval shall be required prior to application for the Special Use Permit, and is to be conducted by the Planning Board. In addition to the Development Plan Review standards set forth in the Subdivision and Land Development Regulations, the Planning Board shall ensure compliance with the following conditions:
1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.
2. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
3. Lighting is provided to illuminate the marijuana retail facility or marijuana cultivation facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.
4. Development Plan Review applications for all marijuana cultivation facilities shall include detailed plans of the facility’s wastewater treatment system(s). Such plans shall be approved by the Department of Public Services prior to issuance of the Development Plan approval.
G. All marijuana retail facilities and marijuana cultivation facilities shall fully comply with all other licensing requirements of the Town and the laws of the State of Rhode Island.
* * *
ARTICLE 6: OVERLAY ZONES, SPECIAL ZONES
AND SPECIAL MANAGEMENT DISTRICTS
Sec. 604. Kingstown Road Special Management District.
Add the following:
K. Prohibited Uses. Any use in Use Code Category 10 – Marijuana-Related Uses shall be prohibited within the Kingstown Road Special Management District.
Sec. 605. Route 1 Special Management District.
* * *
Sec. 605.6. Prohibited Uses.
Add to Table of Prohibited Uses:
Use Code Use
100,101,102 Any use in Use Code Category 10 – Marijuana-Related Uses
* * *
ARTICLE 12: DEFINITIONS
Add the following definitions:
Marijuana retail facility means any facility that may, under state law, acquire, possess, supply or dispense marijuana, and/or related supplies and educational materials, but does not cultivate marijuana on-site, including but not limited to compassion centers, as defined in R.I. Gen. Laws § 21-28.6-3, provided that compassion centers that cultivate marijuana on-site shall be considered marijuana cultivation facilities. Facilities in which marijuana is sold or dispensed for immediate, on-site use or consumption shall be considered marijuana emporiums.
Marijuana cultivation facility means any facility that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply or otherwise process marijuana, including but not limited to facilities run by licensed cultivators, as defined in R.I. Gen. Laws § 21-28.6-3, and cooperative cultivations pursuant to R.I. Gen. Laws § 21-28.6-14. Compassion centers, as defined in R.I. Gen. Laws § 21-28.6-3, which do not cultivate marijuana on-site, shall be considered marijuana retail facilities.
Marijuana emporium means any retail or commercial establishment, or club, whether for-profit, non-profit, or otherwise, at which marijuana is used and/or sold or dispensed for immediate, on-site use or consumption. This shall include without limitation any so-called “vapor lounge,” or any other establishment at which marijuana is consumed in vaporized form. This shall not include marijuana retail facilities or marijuana cultivation facilities, as defined herein.
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 Purposes of Zoning per RIGL Title 45 Chapter 24, ‘the Zoning Enabling Act of 1991’ as noted below:
Findings of Fact, Consistency with the Comprehensive Community Plan
1. The proposed amendments are consistent with the Land Use Element’s overall policy statement (Action Plan), ‘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 amendments are consistent with Goal 3 of the Land Use Element; ‘To promote and require high standards of development to preserve and enhance the quality of life, to encourage a sense of community, to support a healthy, walkable environment and protect the natural resources of the Town.’
3. The proposed amendments are consistent with the Economic Development Element’s overall policy statement (Action Plan), ‘To follow a path of balanced economic growth having the following attributes: a) protection of sensitive environmental areas; b) provision of economic opportunities; c) protection of the public health, safety and welfare; d) high quality of design in commercial development; and e) stabilization of an affordable municipal tax rate.’
4. The proposed amendments are consistent with Goal 1 of the Economic Development Element ‘To foster a local economy that provides opportunity for a diverse collection of business and industry.’
Findings of Fact, Consistency with the Purposes of Zoning
The Planning Board finds that the proposed zoning amendments are consistent with the following general purposes of zoning ordinances per RIGL § 45-24-30.
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 city or town and reflecting current and expected future needs.
3. Providing for orderly growth and development which recognizes:
i. The goals and patterns of land use contained in the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title;
iv. The use of innovative development regulations and techniques.
14. Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.
C. Notice having been duly given, a Public Hearing is held to consider proposed amendments to the Promotional Procedures Policy of the South Kingstown Police Department Rules and Regulations, as shown on the Agenda as Exhibit 2.
A presentation is made by Interim Police Chief Joseph P. Geaber, Jr.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to approve amendments to the Promotional Procedures Policy of the South Kingstown Police Department Rules and Regulations, as presented, as follows:
| POLICY NUMBER | ORDER TYPE | ORIGINAL ISSUE DATE | EFFECTIVE DATE |
| 220.07 | OPERATIONAL POLICY | 11/28/94 | 5/8/2017 |
CHAPTER : SUBSECTION | TITLE |
| human resources : PERSONNEL MANAGEMENT | PROMOTIONAL PROCEDURE |
| REVIEW DATES | REVISION DATES |
| 2/1/16, 3/31/17 | 3/31/17 |
DISTRIBUTION | REFERENCE | PAGES |
| sWORN PERSONNEL | ripac 3.8, 3.9 | 6 |
I. PURPOSE
The purpose of this policy is to establish guidelines for the promotion of sworn personnel.
II. POLICY
The South Kingstown Police Department seeks to ensure that the most qualified sworn members of the department are recognized for their abilities and are promoted to supervisory positions within the department. The department recognizes the importance of a promotional process that is fair, transparent, job-related, non-discriminatory and consistent with the provisions outlined in the South Kingstown Town Charter Section 4415 “Qualifications for Appointment and Promotion” and consistent with the Collective Bargaining Agreement between the Town of South Kingstown and Local 489 International Brotherhood of Police Officers.
III. PROCEDURE
A. The Chief of Police is vested with the authority and responsibility of administering the promotional process.
B. The promotional process will consist of the following five phases:
1. Police Chief Evaluation 10 points maximum
2. Written Exam 40 points maximum
3. Oral Board Interview 30 points maximum
4. Education/Military Service 10 points maximum
5. Seniority 10 points maximum
Total 100 points maximum
The Police Chief’s Evaluation, Written Exam and Oral Board Interview will be completed in that order. The Education/Military Service and Seniority points will be given as established later in this policy.
C. Promotional Eligibility
1. Candidates for promotion must have served in their present grades for the periods indicated below to be eligible to apply for entry into the promotional process. For the purpose of this regulation, seniority will be consistent with the Collective Bargaining Agreement between the Town of South Kingstown and Local 489 International Brotherhood of Police Officers Article III Section 1.
a. Sergeant - Any department member holding the rank of Patrol Officer or Detective with four years of service including probationary time on the date of the posting for the examination.
b. Lieutenant - Any department member who is a permanent Sergeant and any department member with ten years of service including probationary time at the rank of Detective or Patrol Officer on the date of the posting for the examination.
c. Captain – Any permanent Sergeant or Lieutenant with a minimum of ten years of service, to include two years as a supervisor.
2. Any otherwise eligible officer who is on suspension or disciplinary probation as of the date of the posting or at any time during the promotional process will not be allowed to participate in the promotional process.
D. Written Announcement of Promotional Exam
1. The Chief of Police will ensure that a written announcement of any promotional testing is emailed to all sworn members of the department via departmental email. This email will indicate where the written announcement will be posted.
2. The written announcement will include:
a. A description of the position(s) available.
b. The date when an officer must submit a letter of intent to take the written exam to the Chief of Police.
c. A list of reading material for the written examination.
d. Date of the written examination.
3. Sworn members wishing to participate in the promotional process will sign the sheet attached to the written announcement.
4. Any officers out on OJI, extended leave or on military duty will be notified of the promotional process.
E. Promotional Potential/Scoring Procedure
1. Police Chief’s Evaluation
a. The Chief of Police will award up to ten (10) points based upon, but not limited to candidates’ personnel files, communication skills, decision-making ability, success in present rank, supervisory and leadership skills, and any other job-related factors deemed appropriate. The Chief of Police may also seek input from supervisory staff and may interview each candidate individually.
b. The Chief’s points will be given to candidates in writing prior to the written exam.
2. Written Examination
a. A list of suggested reading materials shall be posted and available at least thirty (30) days prior to the scheduled test date when practicable and applicable.
b. The written exam will be an objective test consisting of multiple choice questions, true and false questions and an essay question designed to test each candidate’s knowledge, proficiency and writing skills. Subjects covered in the test will be Rhode Island General Law, Rhode Island Motor Vehicle Code, Town of South Kingstown Code, South Kingstown Police Department Rules and Regulations, the Rhode Island Law Enforcement Manual, Standing Orders and Operational Policies.
c. The written exam shall be provided by an expert in the field of police testing procedures representing a college or university or a nationally recognized personnel management association specializing in police/educational testing. The testing authority shall be selected by the Town Manager in his capacity as Public Safety Director and the Chief of Police.
d. The department will bear the cost of written examinations.
e. The Chief of Police will honor any security agreements between the department and agencies providing the examinations.
f. The scoring on the written exam will be based on a possible score of 100 percent. The multiple choice and true/false portion of the exam will be worth 90/100 points (90) and the essay question will be worth 10/100 points (10).
g. Only those candidates who attain a score of seventy (70) out of a possible one hundred (100) percent will be allowed to continue in the promotional process.
h. Candidates shall receive up to forty (40) points for the written exam.
i. Scores will be posted by confidential code after the written exam.
j. Candidates may request through the Chief of Police the opportunity to review and/or challenge incorrect answers. Such requests shall be made within ten (10) days of receipt of test scores.
3. Oral Board Interview
a. Candidates shall receive up to thirty (30) points based upon an oral interview.
b. Oral interviews will be conducted by an oral board consisting of three police officers from outside the department holding a rank equal to or greater than the position being interviewed for. The Chief of Police shall select the members of this board.
c. Each oral board member will be provided a score sheet and is required to grade each candidate in the following categories:
1. Judgment/Experience/Related Knowledge
2. Communication/Interpersonal Skills
3. Decisiveness
4. Ambition/Initiative
5. Social Maturity
d. Candidates may request a review of their individual score sheets through the Chief of Police.
e. The Chief of Police will not participate in the oral board interviews.
4. Education
a. Candidates shall receive up to ten (10) points for college credits or degrees or military service as follows:
1. Associates Degree, 60 college credits, or military 5 points
2. Bachelor’s Degree 8 points
3. Master’s Degree, Doctorate, or Juris Doctorate 10 points
b. Educational points will be given for the highest degree held.
c. College credits or degrees must be from accredited institutions and the candidate shall provide a copy of the transcript or degree to the Chief of Police by the date of the oral board interview.
d. Military service must be a minimum of 2 years of continuous, active-duty, in the United States military, with an honorable discharge. The candidate is responsible for providing a copy of their DD 214 to the Chief of Police by the date of the interview.
5. Seniority
a. For the purpose of the promotional process, each candidate shall receive a maximum total of ten (10) seniority points that will be determined on the date the promotional exam is announced. Seniority points will be calculated in the following manner:
1. Four (4) years of service, but less than five (5) 2 points
2. Five (5) years of service, but less than ten (10) 4 points
3. Ten (10) years of service, but less than fifteen (15) 6 points
4. Fifteen (15) years of service, but less than twenty (20) 8 points
5. Twenty (20) or more years of service 10 points
F. Certification
1. When the testing procedures have been completed and the overall scores of each candidate have been computed, each candidate will receive a summary sheet signed by the Chief of Police.
2. The five (5) officers who attain the highest overall score of at least seventy (70) percent will be put on the promotional list. Should there be a tie for the fifth highest score a total of six (6) officers will be placed on this list.
3. The Chief of Police will then submit the list of the top three candidates from the promotional list with their corresponding scores along with a recommendation for promotion to the Town Manager within seven (7) days of the list being certified. In the event the Chief of Police recommends a candidate other than the candidate who attained the highest scores, the Chief of Police will submit to the Town Manager a written justification of his/her reason(s) for such recommendation.
4. The promotional list of all five (5) candidates shall remain in effect for a period of one (1) year from the date it is forwarded to the Town Manager. Each time a promotion is made, department members on the list will move up one (1) position. If during the time the promotional list is active it falls to less than three (3) candidates, the Chief may choose to pick from said list or to begin a new promotional list.
5. Promotions shall be selected from the top three names on the list, with each officer allowed the option of refusing or waiving their promotion.
6. If an officer waives their promotion, they shall retain their position on the list for the remainder of the life of the list. All officers finishing lower than the officer waiving the promotion will move up in number on the list to ensure that there are always three officers for the Chief to select from, in all cases in which more than three officers completed the promotional process.
7. In the event of a tie between two or more candidates, the candidate with the most overall seniority shall bump the other officer(s).
G. Probationary Period
1. Upon promotion of any officer to higher rank, the promoted officer will enter into a probationary period at the new rank for a period of one (1) year beginning on the date of the promotion order. Upon completion of a six-month period of time, the Chief of Police may, at his/her discretion, recommend to the Town Manager that the promotional appointment be permanent.
2. In the event the promoted officer does not demonstrate the professional competence commensurate with the promotional appointment, the Chief of Police shall forward a report and recommendation to the Town Manager establishing cause to revert the promoted officer to his/her former rank, classification, and pay.
8. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that a communication dated April 22, 2017 from Richard N. Thieke, Chairman, Friends of the National Wildlife Refuges of Rhode Island requesting adoption of a resolution seeking Congressional support for Refuge Revenue Sharing and Operations and Maintenance Funding is received, placed on file, and the Town Council voted to endorse the resolution. (4/27/2017 Interim, Item C.)
B. UNANIMOUSLY VOTED: that a resolution adopted April 24, 2017 by the Scituate Town Council in opposition to House Bill H 6122 and Senate Bill S 0810 which would establish the Rhode Island Water Cooperative Authority is received and placed on file. (4/27/2017 Interim, Item E.)
E. UNANIMOUSLY VOTED: that a communication dated May 2, 2017 from Byron Cahoone, Chairman, South Kingstown Dog Park Association concerning improvements to the dog park is received, placed on file, and referred to the Director of Leisure Services. (5/4/2017 Miscellaneous, Item II E.)
9. COMMENTS FROM INTERESTED CITIZENS
Council Vice President Collins invites residents to come forward with comments.
Dr. William Rosen is present and comments on federal health care reform and the potential financial impacts to the states and local communities.
Bob Trager comments on health care.
10. TOWN MANAGER’S REPORT
The Town Manager’s Interim Report dated April 27, 2017, and the Agenda and Miscellaneous Reports dated May 4, 2017 are accepted, approved and placed on file.
11. TOWN SOLICITOR’S REPORT – none
12. APPOINTMENTS – none
13. NEW BUSINESS
A. UNANIMOUSLY VOTED: to authorize the extension of an award of contract granted on June 22, 2015 to Red the Uniform Tailor, 475 Oberlin Avenue South, Lakewood, NJ 08701 for custom police uniforms for the one-year period commencing July 1, 2017 through June 30, 2018, in accordance with original bidding specifications and the terms and unit prices as modified in the proposal dated April 1, 2017. Said award of contract is subject to cancellation without penalty or fees should the vendor fail to perform to the satisfaction of the Town of South Kingstown; and is further described in a memorandum from the Police Chief to the Town Manager dated May 1, 2017 and entitled "Recommendation for Extension of Bid Award – Custom Police Uniforms – Red the Uniform Tailor.”
E. UNANIMOUSLY VOTED: to authorize the Town Manager to execute RI Department of Transportation condemnation documents for Route 108/ Curtis Corner Road intersection improvements; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated April 26, 2017 and entitled “Route 108/ Curtis Corner Road Safety Improvements – Request for Land Condemnation.”
G. UNANIMOUSLY VOTED: to authorize the purchase from New England Fitness Distributors, Inc., 270 Eastern Boulevard, Glastonbury, CT 06033 of cardio exercise equipment for the Community Recreation Center, in accordance with all RFP specifications and the National Joint Purchasing Alliance Master Price Agreement contract #120215, in an amount not to exceed $17,306; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated May 4, 2017 and entitled “Recommendation to Purchase – Recreation Center Cardio Equipment.”
H. UNANIMOUSLY VOTED: to authorize the Town Manager to sign a Public Access Easement on behalf of the Town of South Kingstown with the Coastal Resources Management Council in connection with the reconstruction of the “Mary Carpenter Seawall” to provide public access to the water from Matunuck Beach Road; as further described in a memorandum from the Town Solicitor to the Town Council dated May 4, 2017 and entitled “Matunuck Beach Road Public Access Easement.”
14. Closed Executive Session
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 9:10 PM pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to possible litigation re: the Campus Cinema property.
Collins – yes DaCruz – yes Gledhill – yes Viele – yes
Regular Session is reconvened at 9:29 PM, and it is noted that no action or votes were taken during the Closed Executive Session.
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to possible litigation re: the Campus Cinema property.
Dale S. Holberton, CMC
Town Clerk
to view the entire meeting or click any video icon below to jump to that section of the meeting.
to listen to the AUDIO of this meeting.