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WORK SESSION
OCTOBER 23, 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 23rd day of October 2017 at 6:45 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
Liz Gledhill
Joe Viele
1. A. INTERVIEW
The Town Council interviews Thomas Routliffe relative to his interest in serving on the Economic Development Committee.
1. B. WORK SESSION
Discussion ensues relative to a meeting to be held on October 25, 2017 at the University of Rhode Island in regard to the URI Bike Path spur.
Discussion ensues relative to Public Hearing 7A to consider adoption of a proposed Municipal Immigrant Protection Ordinance requested by the American Civil Liberties Union (ACLU).
Discussion ensues relative to Communication Item 8B from Myrna Bizer to the School Committee submitting her resignation effective October 11, 2017.
Discussion ensues relative to Communication Item 8C dated October 18, 2017 from James O’Neill concerning construction by the South Shore Village and Country Club, formerly known as the South County Country Club.
Discussion ensues relative to a social media commentary suggesting that EDC had recommended that Route 1 be rezoned commercial highway from Route 138 to the Saugatucket Road. In fact, back in June the EDC had looked at rezoning from Route 138 to the North Kingstown Town line mostly to accommodate other uses for the car dealership.
Discussion ensues relative to the release of the Annual Report of Municipal Services for FY 2016-2017.
Discussion ensues relative to New Business Item 13C authorizing an award of contract to Energy Conservation, Inc., P.O. Box 726, Hanson, MA 02341 for HVAC improvements at the Town Hall, per vendor proposal dated October 6, 2017, in an amount not to exceed $36,430 including a contingency of $2,500.
Discussion ensues relative to New Business Item 13D authorizing an award of bid to Martone Service Company, Inc., 22 Sextant Lane, Narragansett, RI 02882 for the Town Hall second floor roof replacement and repairs in an amount not to exceed $47,171, including a contingency of $4,500.
Convened to Regular Session.
Dale S. Holberton, CMC
Town Clerk
REGULAR SESSION
OCTOBER 23, 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 23rd day of October 2017 at 7:30 PM.
PRESENT: Margaret M. Healy, President
Abel G. Collins, Vice President
Bryant C. DaCruz
Liz Gledhill
Joe Viele
1. C. 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 October 10, 2017 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on October 10, 2017 are accepted, approved and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
6. LICENSES
(CA) 6A. UNANIMOUSLY VOTED: to grant Victualling Licenses for the year beginning December 1, 2017 to the following; Renewals:
Bluebird Café Inc., 554 Kingstown Road, Wakefield, RI 02879. Application by Robert B. Shumaker, President, 17 Nichols Road, Kingston, RI 02881. License No. BS-17-219.
Janco Central Inc. d/b/a Burger King #3384, 126 Old Tower Hill Road, Wakefield, RI 02879. Application by Kiki Erikson, P.O. Box 8819, Cranston, RI 02920. License No. BS-17-151.
Ocean State Waves, Inc., 875 Kingstown Road, Wakefield, RI 02879. Application by Matt Finlayson, President, P.O. Box 443, Wakefield, RI 02880. License No. BS-17-234.
Ocean’s Catch Seafood LLC, 566 Kingstown Road, Wakefield, RI 02879. Application by Jane Karako, Member, 44 Watson Avenue, Narragansett, RI 02882. License No. BS-17-254.
South Kingston Food Services Inc. d/b/a D’Angelo’s, 71 Old Tower Hill Road, Wakefield, RI 02879. Application by James H. McLaughlin, President, P.O. Box 363, West Bridgewater, MA 02379. License No. BS-17-272.
Turner Provisions LLC d/b/a Pier Pizza Company, 328 Main Street, Wakefield, RI 02879. Application by Jordan Becker, Member, 10 Lakeview Drive, Narragansett, RI 02882. License No. BS-17-321.
(CA) 6B. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2017 to the following; Renewals:
Churas Real Estate, Inc. d/b/a Spangles, 324 Main Street, Wakefield, RI 02879. Application by Kim M. Churas, President, 80 White Falls Trail, Wakefield, RI 02879. License No. BS-17-311.
Critter Hut Inc. d/b/a Critter Hut Aquarium & Pets, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Christopher Champlin, President, 12 Rolling Hills Drive, Exeter, RI 02822. License No. BS-17-93.
Narragansett Pest Control Inc. d/b/a All Outdoors Power Equipment, 4060 Tower Hill Road, Wakefield, RI 02879. Application by James Siligato, Vice President, 24 Rhode Island Avenue, Narragansett, RI 02882. License No. BS-17-277.
Peter Pots Stoneware Inc. d/b/a Peter Pots Pottery, 494A Glen Rock Road, West Kingston, RI 02892. Application by Jeffrey P. Greene, President, 99 Sedgefield Road, North Kingstown, RI 02852. License No. BS-17-263.
Pleasantries Flower Shop Inc., 102 Main Street, Wakefield, RI 02879. Application by Meredith Masson, President, 90 Main Street, Wakefield, RI 02879. License No. BS-17-192.
Rhode Island CVS Pharmacy LLC d/b/a CVS #2065, 11 Main Street, Wakefield, RI 02879. Application by Donna Chevalier, One CVS Drive, Woonsocket, RI 02895. License No. BS-17-312.
Ski General Inc. d/b/a Uncle Sam’s Army Navy Surplus, 548 Kingstown Road, Wakefield, RI 02879. Application by Myron Guttin, President, 121 Narragansett Avenue, Narragansett, RI 02882. License No. BS-17-305.
Wakefield Music Co., 58 Main Street, Wakefield, RI 02879. Application by Dennis Costa, President, 31 Spencer Court, Wakefield, RI 02879. License No. BS-17-232.
(CA) 6C. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2017 to the following; Renewals:
Bagels of Wakefield Inc. d/b/a Bagelz The Bagel Bakery, 90 Pershing Avenue, Wakefield, RI 02879. Application by Nancy Lieberman, President, 39 Wampum Trail, Wakefield, RI 02879. License Nos. BS-17-199, 200.
Eteman LLC d/b/a Kingston Convenience Mart, 2360 Kingstown Road, Kingston, RI 02881. Application by Ozcan Eteman, Member, 95 Manville Hill Road, Cumberland, RI 02864. License Nos. BS-17-267, 268.
Howley Bread Group Ltd. d/b/a Panera Bread, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Lee C. Howley, Manager, 159 Crocker Park Boulevard, Suite 290, Westlake, Ohio 44145. License Nos. BS-17-280, 282.
Jools LLC d/b/a Java Madness, 134 Salt Pond Road, Wakefield, RI 02879. Application by Mark Lahoud, Member, 24 Cleveland Street, Wakefield, RI 02879. License Nos. BS-17-326, 327.
Kingstown Road Coffee LLC d/b/a Bess Eaton, 621 Kingstown Road, Wakefield, RI 02879. Application by Mary E. Haverly, Member, 45 Lambert Street, Narragansett, RI 02882. License Nos. BS-17-193, 194.
Seaview Marketplace Inc., 682 Matunuck Beach Road, Wakefield, RI 02879. Application by Daniel E. Saber, President, 159 Seabreeze Terrace, Wakefield, RI 02879. License Nos. BS-17-146, 147.
South County Donuts Inc. d/b/a Dunkin Donuts, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by Robert Batista, President, 75 Tipping Rock Drive, East Greenwich, RI 02818. License Nos. BS-17-116, 117.
(CA) 6D. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses and Additional Hours between 5 AM and 6 AM for the year beginning December 1, 2017 to Tower Hill Road Donuts Inc. d/b/a Dunkin Donuts, 3045 Tower Hill Road, Wakefield, RI 02879; Renewals. License Nos. BS-17-235, 236, 237.
(CA) 6E. UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales and Miscellaneous Peddler Licenses for the year beginning December 1, 2017 to the following; Renewals:
Dels Mon LLC d/b/a Dels of South County, 49 Old Tower Hill Road, Wakefield, RI 02879. Application by Michael J. Cummings, Member, 83 Kingstown Road, Narrragansett, RI 02882. License Nos. BS-17-317, 318, 319.
Swirls & Scoops Inc., 1922 Kingstown Road, Wakefield, RI 02879. Application by Gerald C. DeMaria II, President, 681 Chestnut Hill Road, Wakefield, RI 02879; Renewals. License Nos. BS-17-202, 203, 204.
(CA) 6F. UNANIMOUSLY VOTED: to grant Holiday Sales and Miscellaneous Peddler Licenses for the year beginning December 1, 2017 to Benny & Jack Inc., 577 Kingstown Road, Wakefield, RI 02879. Application by David Bilow, President, 301 Mulberry Drive, Wakefield, RI 02879; Renewals. License Nos. BS-17-190, 191.
(CA) 6G. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses for the year beginning December 1, 2017 to Farmer’s Daughter LLC, 716 Mooresfield Road, Wakefield, RI 02879. Application by Sarah Partyka, Member, 952 Mooresfield Road, Wakefield, RI 02879; Renewals. License Nos. BS-17-274, 275.
(CA) 6H. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Produce Licenses for the year beginning December 1, 2017 to Whaley Farm, 2 Jerry Brown Farm Road, Wakefield, RI 02879. Application by George C. Whaley, 2 Jerry Brown Farm Road, Wakefield, RI 02879; Renewals. License Nos. BS-17-261, 262.
(CA) 6I. UNANIMOUSLY VOTED: to grant Holiday Sales and Laundry Licenses for the year beginning December 1, 2017 to Kingston Cleaners Inc. d/b/a Pier Cleaners, 50 High Street, Wakefield, RI 02879. Application by Larry E. Fish, President, 98 Cedar Hollow Road, Wakefield, RI 02879; Renewals. License Nos. BS-17-226, 227.
(CA) 6J. UNANIMOUSLY VOTED: to grant a Firearms and Ammunition License for the year beginning December 1, 2017 to Salt Pond Group LLC d/b/a Peace Dale Shooting Preserve, 130 Pearls Way, Wakefield, RI 02879. Application by James Waugh, Member, 17 Edith Road, Narragansett, RI 02882; Renewal. License No. BS-17-276.
(CA) 6K. UNANIMOUSLY VOTED: to grant a Private Detective License for the year beginning December 1, 2017 to Michael E. Varnum, 20 Bass Road, Wakefield, RI 02879. Application by Michael E. Varnum, 20 Bass Road, Wakefield, RI 02879. License No. BS-17-325.
(CA) 6L. UNANIMOUSLY VOTED: to grant a Theater License for the year beginning December 1, 2017 to Contemporary Theater Company, 327 Main Street, Wakefield, RI 02879. Application by Terrence G. Simpson, President, 145 Enterprise Terrace, Kingston, RI 02881; Renewal. License No. BS-17-357.
(CA) 6M. UNANIMOUSLY VOTED: to grant a Tourist Accommodations License for the year beginning December 1, 2017 to Sugarloaf Hill Bed & Breakfast, 607 Main Street, Wakefield, RI 02879 for 3 spaces, 5 persons. Application by Stephanie A. Osborn, 607 Main Street, Wakefield, RI 02879; Renewal. License No. BS-17-257.
(CA) 6N. UNANIMOUSLY VOTED: to grant a Trailer Park – Mixed Use Facilities License for the year beginning December 1, 2017 to Blackbeard Homeowners Association, 836 Matunuck Beach Road, Wakefield, RI 02879 for 26 spaces. Application by Robert Turgeon, President, P.O. Box 488, Glen, NH 03838; Renewal. License No. BS-17-164.
(CA) 8A. UNANIMOUSLY VOTED: that a communication received October 6, 2017 from Kate Brewster, Executive Director, Jonnycake Center of Peace Dale expressing appreciation for the Town’s support of their food pantry and educational programs is received and placed on file. (10/12/2017 Interim, Item C.)
(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 Brian R. Cunha, Esquire on behalf of his client, Jordan Carlson relative to property located at 17 Columbia Street be referred to the Town Solicitor and the Town’s insurance carrier.
(CA) 13E. UNANIMOUSLY VOTED: to grant the joint petition of National Grid and Verizon New England for the use of the public ways named for the purposes stated in said petition, and that the work be done subject to the supervision of the Director of Public Services, as follows:
To relocate Pole #8-50, 30 feet south on Laurel Lane as described in Joint Petition No. 24320438, conditioned upon the removal of all existing double poles along the entire length of Laurel Lane prior to new pole(s) placement; and any new double pole created as part of this request be removed within sixty (60) calendar days of new pole(s) placement, and subject to notification to the Town for municipal utility mark-out prior to setting the poles. Said petition is further described in a memorandum from the Public Services Director to the Town Manager dated October 12, 2017 and entitled “National Grid Pole Setting Request – 109 Laurel Lane.” Book 6, Page 3.
(CA) 13F. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $3,343.62, as shown on Tax Abatement Request No. 543.
(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.”
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is held to consider adoption of a proposed Municipal Immigrant Protection Ordinance requested by the American Civil Liberties Union (ACLU), as follows:
Additional background information was previously distributed to the Town Council with the September 21, 2017 Town Manager's Report, Miscellaneous Item II C. Also enclosed is a letter dated October 18, 2017 from Richard Pike relative to this matter.
MUNICIPAL IMMIGRANT PROTECTION ORDINANCE
FOR RHODE ISLAND CITIES AND TOWNS
PREAMBLE
WHEREAS, the Town of South Kingstown is dedicated to providing all of its residents fair and equal access to services, opportunities and protections; and
WHEREAS, the Town of South Kingstown respects, upholds, and values equal protection and equal treatment for all of our residents, regardless of immigration status; and
WHEREAS, Fostering a relationship of trust, respect, and open communication between municipal employees and municipal residents is essential to the Town of South Kingstown’s core mission; and
WHEREAS, Public safety in the Town of South Kingstown is best promoted when victims and witnesses of crime feel safe in cooperating with law enforcement officials; and
WHEREAS, The purpose of this Ordinance is to foster respect and trust between law enforcement and residents, to protect limited resources, to encourage cooperation between residents and town officials, especially law enforcement, and to ensure community security and due process for all,
IT IS HEREBY ENACTED AS FOLLOWS:
1. Limitation on activities solely for the purpose of enforcing federal immigration laws. (a) the South Kingstown Police Department shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following: (1) Actual or suspected immigration or citizenship status; or (2) A civil immigration warrant, administrative warrant, or an immigration detainer in the individual’s name, including those identified in the National Crime Information Center (NCIC) database. (b) The South Kingstown Police Department shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity that is unrelated to the enforcement of civil immigration law. (c) Neither the Town of South Kingstown nor the South Kingstown Police Department shall enter into any agreements to enforce, or otherwise voluntarily engage in the enforcement of, federal immigration law or to perform federal immigration functions pursuant to 8 U.S.C. §1357g or any other federal law, regulation, or policy.
2. Conditions for honoring ICE or CBP detainer requests. (a) Except as provided in subsection (b), the South Kingstown Police Department may respond affirmatively to a civil immigration detainer from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours, only if the request is supported by a judicial warrant. (b) Notwithstanding subsection (a), the South Kingstown Police Department may detain a person for up to 48 hours on a civil immigration detainer in the absence of a judicial warrant if there are exigent circumstances preventing ICE or CBP from obtaining a warrant and there is probable cause to believe that the individual has or is engaged in terrorist activity as defined in 8 U.S.C. §1182(A)(3)(B).
3. Limitations on honoring ICE or CBP requests for certain non-public, sensitive information. (a) Except as provided in subsection (b), the South Kingstown Police Department may respond affirmatively to an ICE or CBP request for non-public information about an individual, including but not limited to non-public information about an individual’s release, home address, or work address, only if the request is accompanied by a judicial warrant or a court order enforcing a subpoena. (b) Notwithstanding subsection (a), nothing in this ordinance limits the Town of South Kingstown or the South Kingstown Police Department: (1) disclosing information about an individual’s criminal arrests or convictions, where disclosure of such information about the individual is otherwise authorized by state law or required by court order; or (2) disclosing information about an individual’s juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise authorized by state law or required by court order. (c) The South Kingstown Police Department shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform the South Kingstown Police Department’s agency duties.
4. Limitations on ICE or CBP access to individuals in custody for immigration enforcement questioning purposes. The South Kingstown Police Department shall not provide ICE or CBP with access to an individual in their custody or the use of agency facilities to question or interview such individual if ICE or CBP’s sole purpose is enforcement of federal civil immigration law, unless such enforcement is pursuant to a federal judicial order.
5. Due process for persons about whom federal immigration enforcement requests have been made. (a) the South Kingstown Police Department shall not delay bail and/or release from custody upon posting of bail solely because of (1) an individual’s immigration or citizenship status, (2) a civil immigration warrant, or (3) an ICE detainer request or any other ICE or CBP request for the purposes of immigration enforcement, or for notification about, transfer of, detention of, or interview or interrogation of that individual. (b) Upon receipt of an ICE or CBP detainer, transfer, notification, interview or interrogation request, the South Kingstown Police Department shall provide a copy of that request to the individual named therein and inform the individual whether the South Kingstown Police Department will comply with the request before communicating its response to the requesting agency. (c) Individuals in the custody of the South Kingstown Police Department shall be subject to the same booking, processing, release, and transfer procedures, policies, and practices of that agency, regardless of actual or suspected citizenship or immigration status.
6. Ban on use of resources to facilitate a federal registry based on race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin. The Town of South Kingstown shall not use agency or department monies, facilities, property, equipment, or personnel to investigate, enforce, or assist in the establishment, maintenance or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin.
7. Limitation on the collection of immigration-related information; provision of nondiscriminatory access to benefits and services. (a) The Town of South Kingstown personnel shall not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits is contingent by law upon verification of one’s immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws. (b) The Town of South Kingstown and the South Kingstown Police Department shall have a formal Language Assistance Policy for individuals with Limited English Proficiency and provide interpretation or translation services at no cost consistent with that policy.
8. Limits on Political Surveillance. South Kingstown Police Department shall not collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, corporation, business or partnership or other entity unless such information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect that the particular subject of the information, whether an individual or other entity, is involved in criminal conduct.
9. Protecting Immigrant Victims of Crime. (a) On request from an individual whom a law enforcement officer or agent thereof reasonably believes is a victim who is or has been subjected to a qualifying criminal activity for a nonimmigrant T or U visa under 8 U.S.C. §1101(a)(15)(T) or 8 U.S.C. §1101(a)(15)(U), or for continued presence under 22 U.S.C. §7105(c)(3), the law enforcement officer, as soon as practicable after receiving the request, shall, subject to the presumption in subsection (b), provide to the individual a signed certification Form I-914B or Form I-918B. (b) There shall be a rebuttable presumption that a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of qualifying criminal activity if the victim has not unreasonably refused or failed to assist with the investigation as requested by South Kingstown Police Department. (c) The South Kingstown Police Department shall process the appropriate form under this section within 45 days of the request, unless the noncitizen is in removal proceedings, in which case the certification shall be processed within fourteen (14) days of the request. (d) If the South Kingstown Police Department determines that an individual does not meet the requirements for the issuance of a certification under this section, the South Kingstown Police Department shall inform the individual in writing of the specific reasons. The written denial shall also advise the individual that he or she may make another request under subsection (a) of this section by submitting additional evidence that he or she has been subjected to a qualifying criminal activity and/or that the presumption established by subsection (b) has been satisfied or not properly rebutted. The denial shall also include a list of organizations that provide services to immigrants whom the individual may contact for additional assistance. (e) The South Kingstown Police Department shall provide an annual report to the South Kingstown Town Council of how many requests were made to the South Kingstown Police Department under subsection (a) and how many were denied.
10. Protecting the Rights of Students. In order to protect the rights of students, the school district shall, within 120 days of enactment of this ordinance, adopt a policy[1] establishing procedures for handling interactions with immigration officials seeking information about, or requesting to talk with any student about, their immigration status; providing for cooperating with such requests only to the extent required by law; and barring the collection and disclosure of students' citizenship status except to the extent required by federal law.
11. Collection of aggregate data regarding ICE and CBP requests. (a) the South Kingstown Police Department shall record, solely to create the reports described in subsection (b) below, the following for each immigration detainer, notification, transfer, interview, or interrogation request received from ICE or CBP: (1) The subject individual’s race, gender, and place of birth; (2) Date and time that the individual was taken into the South Kingstown Police Department custody, the location where the individual was held, and the arrest charges; (3) Date and time of the South Kingstown Police Department’s receipt of the request; (4) The requesting agency; (5) Immigration or criminal history indicated on the request form, if any; (6) Whether the request was accompanied by any documentation regarding immigration status or proceedings, e.g., a judicial warrant; (7) Whether a copy of the request was provided to the individual and, if yes, the date and time of notification; (8) Whether the individual consented to the request; (9) Whether the individual requested to confer with counsel regarding the request; (10) the South Kingstown Police Department’s response to the request, including a decision not to fulfill the request; (11) If applicable, the date and time that ICE or CBP took custody of, or was otherwise given access to, the individual; and (12) The date and time of the individual’s release from the South Kingstown Police Department’s custody. (b) The South Kingstown Police Department shall provide semi-annual reports to the South Kingstown Town Council regarding the information collected in subsection (a) above in an aggregated form that is stripped of all personal identifiers. The reports shall be a public record.
12. Enforcement. An aggrieved individual or an organization that is chartered for the purpose of combating discrimination, promoting the rights of immigrants, or safeguarding civil rights shall be entitled to seek and obtain injunctive and declaratory relief, damages and attorneys’ fees for any violation of this ordinance.
13. Affirmation of Compliance with Federal Law. Pursuant to 8 U.S.C. §1373 or 8 U.S.C. §1644, nothing in this ordinance is intended, or shall be construed, to prohibit or restrict in any way the South Kingstown Police Department or the Town of South Kingstown from maintaining, exchanging, sending, or receiving information regarding the citizenship or immigration status, lawful or unlawful, of any individual with any federal, State or local government entity.
14. Definitions. (a) “CBP” means United States Customs and Border Protection. (b) “Civil immigration detainer” or “civil immigration warrant” means a detainer issued pursuant to 8 C.F.R. § 287.7 or any similar request from ICE or CPB for detention of a person suspected of violating federal immigration law. (c) “ICE” means United States Immigration and Customs Enforcement. (d) “Judicial warrant” means a warrant based on probable cause and issued by an Article III federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant. A judicial warrant does not include a civil immigration warrant, administrative warrant, or other document signed only by ICE or CBP officials.
15. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
A communication from Richard Pike in opposition and a communication from URI President David M. Dooley in support of the ordinance are referenced and placed on file.
Town Solicitor Michael A. Ursillo reviews the proposed changes he has recommended be made to the ordinance, and discussion ensues.
The following are present and offer comments:
Timothy Murphy – support with changes
Veronica Kot – support with changes
Bonnie O’Connor – support
Tia Beckman – support
Paul Daley – oppose
Doug Wardwell – oppose
Ted Wachs – support with changes
Jean Burke – support
(Name undecipherable) URI graduate and DACA program – support
Kathleen Gorman – support
Reverend James Keller – support
Carol Czaja – support with changes
Father Rob Travis, Church of the Ascension – in support with changes
Stephen Sharkey – in support of resolution, not proposed ordinance
Harris Pitnof – support
Jonathan Daly-LaBelle – support
Mike Rice – support
Andy Boardman – support
Joanne Melish – support
Angela Sharkey – oppose
Thomas Morin – support
Johnette Rodriguez reads a letter from Reverend David Helfer, Universalist Unitarian Congregation in support
Jeff Melish, member of the South Kingstown Immigration Task Force – support with changes
Rod Raso – oppose
Peter Stelljes – oppose
Margie Bucheit – support
Nessa Richman reads a letter from Kate Brewster in support
Lars Erickson reads a letter from the URI Chapter of the American Association of University Professors in support
Jamie Mernick – in support
Karrie Kurto – support
Julie Erickson – support
Chief Joseph P. Geaber, Jr. discusses issues with the proposed ordinance
Martin Lepkowski – support
Jacquelyn Fede – support
The Town Manager reviews the resolution and proposed ordinance.
Mal O’Connor – support
Bill Ohley – support
UNANIMOUSLY VOTED: to close the Public Hearing.
Discussion ensues, and it is
VOTED: to adopt a Municipal Immigrant Protection Ordinance for the Town of South Kingstown, as amended, as follows.
Council President Healy and Councilman Viele voted no.
MUNICIPAL IMMIGRANT PROTECTION ORDINANCE FOR THE
TOWN OF SOUTH KINGSTOWN
PREAMBLE
WHEREAS, The Town of South Kingstown is dedicated to providing all of its residents fair and equal access to services, opportunities and protections; and
WHEREAS, The Town of South Kingstown respects, upholds, and values equal protection and equal treatment for all of our residents, regardless of immigration status; and
WHEREAS, Fostering a relationship of trust, respect, and open communication between municipal employees and municipal residents is essential to South Kingstown’s core mission; and
WHEREAS, Public safety in South Kingstown is best promoted when victims and witnesses of crime feel safe in cooperating with law enforcement officials; and
WHEREAS, the Town is appreciative of and commends the Police Department for its commitment to and history of implementing nondiscriminatory policies in the treatment of all individuals regardless of their immigration status; and
WHEREAS, The purpose of this Ordinance is to foster respect and trust between law enforcement and residents, to protect limited resources, to encourage cooperation between residents and city officials, especially law enforcement, and to ensure community security and due process for all,
IT IS HEREBY ENACTED AS FOLLOWS:
1. Definitions.
(a) “CBP” means United States Customs and Border Protection.
(b) “Civil immigration detainer” or “civil immigration warrant” means a detainer issued pursuant to 8 C.F.R. § 287.7 or any similar request from ICE or CBP for detention of a person suspected of violating federal immigration law.
(c) “ICE” means United States Immigration and Customs Enforcement.
(d) “Judicial warrant” means a warrant based on probable cause and issued by an Article III federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant. A judicial warrant does not include a civil immigration warrant, administrative warrant, or other document signed only by ICE or CBP officials.
(e) “SKPD” means the South Kingstown Police Department
(f) The “Town” means the Town of South Kingstown
2. Limitation on activities solely for the purpose of enforcing federal immigration laws.
(a) The SKPD shall not stop, question, interrogate, investigate, or arrest an individual based solely on actual or suspected immigration or citizenship status.
(b) The SKPD shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity that is unrelated to the enforcement of civil immigration law.
(c) Neither the Town, nor the SKPD shall enter into any agreements to enforce, or otherwise voluntarily engage in the enforcement of, federal immigration law or to perform federal immigration functions pursuant to 8 U.S.C. § 1357g or regulation, or policy, except to the extent required by Federal or State law.
3. Qualifications for honoring ICE or CBP detainer requests.
(a) Except as provided in subsection (b), the SKPD may respond affirmatively to a civil immigration detainer from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours, excluding weekends and holidays, only if the request is supported by a judicial warrant.
(b) Notwithstanding subsection (a), the SKPD may detain a person for up to 48 hours on a civil immigration detainer in the absence of a judicial warrant if there are exigent circumstances preventing ICE or CBP from obtaining a warrant and there is probable cause to believe that the individual has or is engaged in terrorist activity as defined in 8 U.S.C. §1182(A)(3)(B).
4. Qualifications for honoring ICE or CBP requests for certain non-public, sensitive information.
(a) Except as provided in subsection (b), the SKPD may respond affirmatively to an ICE or CBP request for non-public information about an individual, including but not limited to non-public information about an individual’s release, home address, or work address as permitted by law.
(b) Notwithstanding subsection (a), nothing in this ordinance limits the Town or SKPD from:
(1) disclosing information about an individual’s criminal arrests or convictions, where disclosure of such information about the individual is otherwise authorized by state law or required by court order; or
(2) disclosing information about an individual’s juvenile arrests, delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise authorized by state law or required by court order.
(c) The SKPD shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform the SKPD’s agency duties.
5. Limitations on ICE or CBP access to individuals in custody for immigration enforcement questioning purposes.
The SKPD shall not provide ICE or CBP with access to an individual in their custody or the use of agency facilities to question or interview such individual if ICE or CBP’s sole purpose is enforcement of federal civil immigration law, unless such enforcement is pursuant to a federal judicial order.
6. Due process for persons about whom federal immigration enforcement requests have been made.
(a) The SKPD shall not delay bail and/or release from custody upon posting of bail solely because of an individual’s immigration or citizenship status unless there is a judicial warrant outstanding.
(b) Upon receipt of an ICE or CBP detainer, transfer, notification, interview or interrogation request, the SKPD shall provide a copy of that request to the individual named therein.
(c) Individuals in the custody of the SKPD shall be subject to the same booking, processing, release, and transfer procedures, policies, and practices of that agency, regardless of actual or suspected citizenship or immigration status.
7. Ban on use of resources to facilitate a federal registry based on race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin.
South Kingstown shall not use agency or department monies, facilities, property, equipment, or personnel to investigate, enforce, or assist in the establishment, maintenance or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin.
8. Limitation on the collection of immigration-related information; provision of nondiscriminatory access to benefits and services.
South Kingstown personnel shall not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits is contingent by law upon verification of one’s immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws.
9. Protecting the Rights of Students.
In order to protect the rights of students, the school district is requested to adopt a policy establishing procedures for handling interactions with immigration officials seeking information about, or requesting to talk with any student about, their immigration status; providing for cooperating with such requests only to the extent required by law; and barring the collection and disclosure of students' citizenship status except to the extent required by federal law.
10. Affirmation of Compliance with Federal Law.
Pursuant to 8 U.S.C. §1373 or 8 U.S.C. §1644, nothing in this ordinance is intended, or shall be construed, to prohibit or restrict in any way the SKPD or South Kingstown from maintaining, exchanging, sending, or receiving information regarding the citizenship or immigration status, lawful or unlawful, of any individual with any federal, state or local government entity.
11. Severability.
If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
The meeting is recessed at 9:20 PM and reconvened at 9:30 PM.
8. COMMUNICATIONS
B. UNANIMOUSLY VOTED: that a communication from Myrna Bizer to the School Committee submitting her resignation effective October 11, 2017 is received and placed on file. The Town Council directs that a letter of thanks be sent. (10/19/2017 Miscellaneous, Item II B.)
C. Jim O’Neill is present and expresses his concerns with the number and type of units being developed at the South Shore Village and Country Club.
Discussion ensues.
The following are present and comment on this matter:
Rick Enser
Chelsea Siefert, Director of Planning
Rod Raso
Vickie Cummings
UNANIMOUSLY VOTED: that a communication dated October 18, 2017 from James O’Neill concerning construction by the South Shore Village and Country Club, formerly known as the South County Country Club, is received, placed on file, and referred to the Town Solicitor for review. (10/19/2017 Miscellaneous, Item II D.)
9. COMMENTS FROM INTERESTED CITIZENS
Council President Healy invites residents to come forward with comments.
Maureen Egan asks that the Town allow one week of free disposal of yard debris.
Karrie Kurto speaks in favor of Sarah Markey being appointed to fill a vacancy on the School Committee.
Kate McMahon a/k/a Macinanti discusses her interest in being appointed to fill a vacancy on the School Committee.
Tara Apperson speaks in favor of appointing Sarah Markey to the School Committee.
Sarah Markey expresses her interest in being appointed to the School Committee.
Judith Ross McNab speaks in favor of appointing Sarah Markey to the School Committee.
10. TOWN MANAGER’S REPORT
The Town Manager’s Interim Report dated October 12, 2017 and the Agenda and Miscellaneous Reports dated October 19, 2017 are accepted, approved and placed on file.
11. TOWN SOLICITOR’S REPORT
The Town Solicitor reports on the status of the Kingston Woods zoning violation.
12. APPOINTMENTS
A. UNANIMOUSLY VOTED: to appoint Thomas J. Routliffe to the Economic Development Committee to complete a term to expire in March 2020.
Discussion ensues relative to making an appointment to the School Committee.
A motion is made by Council Vice President Collins, seconded by Councilwoman Gledhill to appoint Sarah Markey to the School Committee.
A motion is made by Councilman Viele, seconded by Councilman DaCruz to appoint Kate McMahon to the School Committee.
A vote taken on the Markey nomination fails, with Councilors Collins and Gledhill voting in favor, and Councilors Viele, DaCruz and Healy voting against.
A vote is then taken on the McMahon nomination, and it is
VOTED: to appoint Katherine M. McMahon to the School Committee for an interim term to expire in November 2018.
Councilwoman Gledhill voted no.
13. NEW BUSINESS
A. A resolution adopting a revised Immigration Protection resolution is passed with no action, due to the adoption of the ordinance during this evening’s Public Hearing.
C. UNANIMOUSLY VOTED: to authorize an award of contract to Energy Conservation, Inc., P.O. Box 726, Hanson, MA 02341 for HVAC improvements at the Town Hall, per vendor proposal dated October 6, 2017, in an amount not to exceed $36,430 including a contingency of $2,500; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated October 11, 2017 and entitled “Recommendation – Town Hall HVAC Replacement Units.”
D. UNANIMOUSLY VOTED: to authorize an award of bid to Martone Service Company, Inc., 22 Sextant Lane, Narragansett, RI 02882 for the Town Hall second floor roof replacement and repairs in an amount not to exceed $47,171, including a contingency of $4,500; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated October 16, 2017 and entitled “Award of bid – Roof Replacement Town Hall.”
UNANIMOUSLY VOTED: to adjourn at 10:30 PM.
Dale S. Holberton, CMC
Town Clerk