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TOWN OF SOUTH KINGSTOWN
RHODE ISLAND
TOWN COUNCIL
REGULAR SESSION
7:30 PM
TOWN COUNCIL CHAMBERS
180 HIGH STREET
WAKEFIELD, RI
MONDAY, MARCH 9, 2020
NOTE: Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.
DATE POSTED: 3/5/2020
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1. A. WORK SESSION – 7:00 PM 
All items listed on Town Council agenda are subject to discussion.
B. REGULAR SESSION – 7:30 PM
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Sessions – February 20, February 22 and February 24, 2020
B. Regular Session – February 24, 2020
5. CONSENT AGENDA
* * * * * * * * * * * * * * * * *
I. Rule 10A. for the conduct of the meetings of the South Kingstown Town Council: Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President. The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information 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.
II. Rule 11: No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.
III. Rule 13: All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.
Pursuant to 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
(CA) A. A resolution granting a Victualling License to Roba Rustico, LLC d/b/a Pizzeria Mezzo, 32 Old Tower Hill Road, Wakefield, RI 02879. Application by John Russo, Member; Renewal.
(CA) B. A resolution granting a Holiday Sales License to Eloquence Jewelers, LLC d/b/a Eloquence Jewelers, 36 South County Commons Way, Unit C1, Wakefield, RI 02879. Application by Daniel Lantz, Member; Renewal.
(CA) C. A resolution granting a Tourist Accommodations License to Sugarloaf Hill Bed and Breakfast, 607 Main Street, Wakefield, RI 02879 for 3 spaces, 5 persons. Application by Stephanie and David Osborn; Renewal.
(CA) D. A resolution granting a Private Detective License to Hill Investigations, LLC, 96 Parsons Lane, West Kingston, RI 02892. Application by Kimberly Hill; Renewal.
7. PUBLIC HEARINGS
A. A Public Hearing relative to proposed amendments to the Town Code, Chapter 17, Taxation, Article I. In General, Section 17-1 Veterans exemptions, as follows:
Chapter 17 Taxation
Article I. In General
AMEND:
Section 17-1. Veterans exemptions.
Pursuant to G.L. 1956, § 44-3-5.1, as amended, the town council is authorized to exempt from taxation a specified dollar amount of real and/or personal property of qualified individuals, as defined in G.L. 1956, Chapter 3 of Title 44, who are residents of the Town of South Kingstown. The said individuals and the tax credits are as follows effective July 1, 2019 2020:
(a) Veterans of war $180.00 $185.00
(b) Unmarried spouse of veteran of war $180.00 $185.00
(c) Veterans who are one hundred (100) percent totally
disabled through service-connected disability $305.00
(d) Gold star parent $378.00
(e) Veterans who were prisoners of war $440.00 $550.00
*Additional background information was previously distributed with the February 24, 2020 Agenda, agenda item 13E.
B. A Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons, as follows:
Chapter 17 Taxation
Article III. Property Tax Exemptions for Elderly Persons
AMEND:
Sec. 17-44. Amount of exemption; filing of applications
If the applicant’s total gross household income does not exceed thirty-seven thousand ($37,000) dollars, the tax on the property shall be equal to four (4) percent of that gross income, provided that the maximum tax savings to the applicant shall not exceed the following:
| Total Gross Household Income | Maximum Tax Credit |
| $13,000 and less | |
| Between $13,001 and $15,000 inclusive |
|
| Between $15,001 and $17,500 inclusive |
|
| Between $17,501 and $19,500 inclusive |
|
| Between $19,501 and $23,500 inclusive |
|
| Between $23,501 and $26,000 inclusive |
|
| Between $26,001 and $30,000 inclusive |
|
| Between $30,001 and $32,000 inclusive |
|
| Between $32,001 and $33,000 inclusive |
|
| Between $33,001 and $34,000 inclusive | |
| Between $34,001 and $35,000 inclusive | |
| Between $35,001 and $37,000 inclusive | $ |
*Additional background information was previously distributed with the February 24, 2020 Agenda, agenda item 13H.
8. COMMUNICATIONS
(CA) A. Emails from the following concerning potential regulation of chickens are received and placed on file: Elizabeth Carter, Dr. Ruth Anderson, Corwin Butterworth, Robert B. Shumaker, Jessica Mayhew, Colleen Roche, Carol Miro, John Vaughn, Jessica Pena, Sarah Denis, Tricia Gelinas, Caroline McElroy, and Doug Gobeille.
(CA) B. An email dated February 20, 2020 from Elle Noordzy expressing concerns with the proposed land swap with South County Hospital for property at Town Farm Park is received and placed on file.
C. An email dated February 21, 2020 from Steve Wood resigning from the Route 1 Stewardship Committee is received, placed on file, and the Town Council further directs ___________________. (2/27/2020 Interim, Item B.)
D. A letter dated February 3, 2020 (received February 24, 2020) from Sarah Daly-Van Oot resigning from the Economic Development Committee is received, placed on file, and the Town Council further directs __________. (2/27/2020 Interim, Item B.)
E. An email dated February 24, 2020 from Susan Jacobsen, Board Member, South Kingstown Housing Authority concerning the management of the Housing Authority and appointment of an Interim Executive Director is received, placed on file, and the Town Council further directs __________.
F. An email dated February 24, 2020 from James Lathrop requesting the allocation of $2,500 in funding for restoration of the Hazard Memorial Garden at Peace Dale Library in preparation for its 100th anniversary is received, placed on file, and the Town Council further directs __________.
(CA) G. An email dated February 25, 2020 from Jimmy Blakeney concerning the re-location of the disc golf course to accommodate potential expansion at the Curtis Corner Middle School facility for the High School project is received and placed on file.
(CA) H. An email dated February 26, 2020 from Christopher McGrath providing a copy of an article in the Westerly Sun regarding State construction of a new 800Mhz emergency communications radio tower in the Town of Charlestown is received and placed on file.
(CA) I. Emails from the following in support of placing the school bond referendum question on the ballot at the November General Election are received and placed on file: John Rhoat, Rebekah Blakeney, Tara Apperson, Jess Rose, Christine Palmieri, Elisabeth Hoy, Henry Huggins, Patrick Farrell, Kristen Wayss, Jeanine Silversmith, Jennifer Krueger, Jennifer Enck, Jimmy Blakeney, Kimberly Gilbert, Alexandra Henshel, Anne Rose, James Spaziante, Jill Granville and Carrie Brown.
(CA) J. An email dated March 1, 2020 from John Ryan, CEO, Penington Institute concerning International Overdose Awareness Day is received and placed on file.
K. An email dated March 2, 2020 from Patricia Murray concerning URI students’ use of the parking lot at the Kingston Station creating a shortage of parking spaces for Amtrak rail commuters is received, placed on file, and the Town Council further directs ____________________.
(CA) L. A letter dated February 21, 2020 from Jamie Bova, Mayor, City of Newport inviting Council members to participate in their 64th Annual St. Patrick’s Day Parade on Saturday, March 14, 2020 is received and placed on file. (3/5/2020 Miscellaneous, Item II B.)
(CA) M. An email dated March 3, 2020 from George and Susan Ainsworth expressing support for school funding and the bond for school facilities is received and placed on file.
N. Resolutions adopted by the Pawtucket City Council on February 21, 2020 and by the Hopkinton Town Council on March 2, 2020 in support of legislation introduced in the RI General Assembly that would move the September primary election to Wednesday in the years the primary is to be held during the same week as Labor Day are received, placed on file, and the Town Council further directs ________________. (3/5/2020 Miscellaneous, Item II F.)
(CA) O. An email dated March 4, 2020 from Stephen Dahl concerning Wi-Fi in schools and providing information on alternatives is received and placed on file.
(CA) P. An email dated March 5, 2020 from Jodi M. Mesolella, Director of Membership & Special Projects, Rhode Island PBS extending an invitation to an informational meeting about the “Our Town” project that will feature the Town of South Kingstown to be held Monday, March 23rd at 5:30 p.m. at the Peace Dale Library is received and placed on file.
(CA) Q. 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.”
9. COMMENTS FROM INTERESTED CITIZENS
10. BOARDS, COMMISSIONS AND COMMITTEES REPORT
A. Presentation by a representative of the Economic Development Committee.
11. TOWN MANAGER’S REPORT
See Attachment B for Flag Report and Town Manager’s Reports
12. APPOINTMENTS
A. A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)
13. NEW BUSINESS
A. A resolution adopting a proclamation recognizing Girl Scout Week, as follows:
GIRL SCOUT WEEK
MARCH 8 – MARCH 14, 2020
WHEREAS, Thursday, March 12, 2020 marks the 108th anniversary of Girl Scouts of the U.S.A., founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and
WHEREAS, through Girl Scouting, girls grow in courage, confidence and character, and learn to make the world a better place; and
WHEREAS, throughout its long and distinguished history, Girl Scouts – the pre-eminent organization for girls – has inspired millions of girls and women with the highest ideals of character, conduct and patriotism; and
WHEREAS, Girl Scouting takes an active role in increasing the interest and skill levels of today’s youth in math, science and technology careers and to fulfill our country’s economic needs; and
WHEREAS, through participation in Project Undercover, a council wide community service project, every girl will learn that she can make a change for the better in her community; and
WHEREAS, the Girl Scout cookie sale is the world’s largest girl-led business, teaching financial literacy to girls of all ages; and
WHEREAS, the Girl Scouts of Southeastern New England which serves 12,000 girls in the Rhode Island area will be celebrating 108 years of an American tradition with more than 2.6 million current Girl Scout members nationwide.
NOW, THEREFORE WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim the week of March 8-14, 2020 as Girl Scout Week in the Town of South Kingstown and urge our citizens to support Girls Scouts in their endeavors.
(CA) B. A resolution that Civil Action File Number WM-2019-0510 filed in Superior Court by Mark A. Steele and Susan E. Steele appealing Town Council decisions dated September 9, 2019 and December 10, 2018 approving zone changes for applicants Kearsarge Solar, LLC and Peter and Diana Lee Dierauf be referred to the Town Solicitor.
C. A resolution authorizing the transition of the Town website to a .gov domain as requested by the RI Secretary of State, and authorizing the Town Council President to sign a formal request to Verisign, Inc., 12061 Bluemont Way, Reston, VA 20190 that authority over the southkingstownri.gov second-level domain name be delegated to the Town of South Kingstown; as further described in a letter from the Secretary of State to the Town Manager dated February 17, 2020.
(CA) D. A resolution authorizing a contract with Municipal Code Corporation, P.O. Box 2235, Tallahassee, FL 32316 for the republication of the Town Code in accordance with their quotation dated January 6, 2020 in an amount not to exceed $9,495; as further described in a memorandum from the Town Clerk to the Town Manager dated March 5, 2020 and entitled “Republication of Town Code.”
E. A resolution establishing an ad hoc committee to review potential regulation of chickens, as shown on Exhibit 1 attached hereto.
F. A resolution authorizing the Town Clerk to advertise for Order of Notice a Public Hearing to consider a proposed amendment to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, Article II. Unruly Gatherings that would change the effective date of the ordinance to June 1, 2020 to allow further study and recommendations for amendment, as shown on Exhibit 2 attached hereto.
(CA) G. A resolution authorizing Ocean House Marina, 60 Town Dock Road, Charlestown, RI 02813 to diagnose and replace the fuel tank on Patrol Boat 1 (PB1) in an amount not to exceed $6,000, utilizing funding from the Capital Equipment Reserve Fund; as further described in a memorandum from the Harbormaster to the Town Manager dated March 4, 2020 and entitled “Capital Equipment Reserve Fund – Fuel Tank Replacement (PB1).”
H. A resolution authorizing an award of bid to AAA Sprinkler Co. Inc., 235 Macklin Street, Cranston, RI 02920 to furnish, extend and install a fire sprinkler system and all appurtenances at the Emergency Medical Services (EMS) South Station, 2nd floor of the Public Services Building in an amount not to exceed $46,200, including a contingency with funding appropriated from the EMS Facility Improvement Fund; and as further detailed in a memorandum from the Facilities Superintendent to the Town Manager dated February 27, 2020 and entitled “Award of Bid – Fire Sprinkler System, EMS South Station.”
I. A resolution authorizing an award of contract to Central Maine Pyrotechnics, PO Box 322, Hallowell, ME 04347 for Fourth of July fireworks displays in 2020 and 2021 in accordance with all bidding specifications, in an amount not to exceed $19,000 per year; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated February 20, 2020 and entitled “Bid Recommendation – Fourth of July Fireworks Display.”
J. A resolution, tabled from February 24, 2020, authorizing the approval of a resolution as prepared by Bond Counsel authorizing the issuance of bonds and/or notes in an amount not to exceed $4,000,000 to finance capital improvements at various schools, as approved by the electorate on November 4, 2014, and the advancement of funds from the Town treasury and the subsequent reimbursement from bond proceeds, as shown on Exhibit 3 attached hereto; and as further described in a memorandum from the Finance Director to the Town Manager dated February 20, 2020 and entitled “Request for Resolution to Approve Reimbursements from Bond Proceeds.”
K. A resolution directing the Town Manager and the Town Finance Director to work with Bond Counsel to develop language to be submitted to the State Legislature to authorize the placement of a Bond Referendum Question on the November 3, 2020 ballot. The Manager is further directed to present the language developed in consultation with Bond Counsel to the Town Council at the Town Council’s March 23, 2020 regular meeting. The language shall be specific to a bond request not to exceed $85 million to support a school facilities improvement program as described in a resolution of the School Committee adopted at its January 28, 2020 regular meeting.
L. A resolution directing the Town Manager and the Town Finance Director to work with Bond Counsel to develop language to be submitted to the State Legislature to authorize the placement of a Bond Referendum Question on the November 3, 2020 ballot. The Manager is further directed to present the language developed in consultation with Bond Counsel to the Town Council at the Town Council’s March 23, 2020 regular meeting. The language shall be specific to a $6.5 million bond request to support road and infrastructure projects as detailed in the FY2021-2026 Capital Improvement Plan adopted by the Town Council on January 27, 2020.
(CA) M. 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.”
14. CLOSED EXECUTIVE SESSION
A. A Closed Executive Session pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation, including Steele v. Town of South Kingstown, C.A. No. WM-2019-0510; and Steele v. Dierauf, C.A. No. WM-2020-0089; and pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes re: Ram Point Marina, Inc.
Exhibit 1
RESOLUTION CREATING AN AD HOC COMMITTEE ON CHICKENS
Whereas the Town Council wishes to receive the input of citizens to assist in the process of discussing and recommending whether certain ordinances relating to chickens may be beneficial to the community if adopted; and
Whereas the Town Council wishes to create a temporary committee for the purpose of considering whether any new ordinances or amendments to existing ordinances would be beneficial in encouraging the owners of domestic chickens to keep their chickens in manner that does not cause damage to the property of others.
The Council now is resolved to create a committee as follows:
Ad Hoc Committee on Chickens
(a) Creation, General Purpose
The Town Council hereby creates the Ad Hoc Committee on Chickens for the Town of South Kingstown (the “Committee”) for the general purpose of developing non-binding recommendations concerning the adoption or amendment of ordinances relating to chickens. For purposes of this resolution, the term “chickens” also includes roosters. The Committee shall have no executive or legislative powers.
The Committee shall report to the Town Council no later than 6 months from the date on which the last member is appointed, and shall be dissolved as of the date on which its recommendations are presented to the Town Council.
(b) Membership
The Committee shall be comprised of 7 voting members who shall be residents of the Town and shall serve without compensation.
The Committee shall specifically include 7 voting members, as follows, all of whom shall be appointed by the Town Council:
- A member of the Planning Board, who shall be nominated by the Board for appointment by the Town Council.
- A member of the Conservation Commission, who shall be nominated by the Commission for appointment by the Town Council.
- A member of the Town Council appointed by the Town Council.
- Four (4) members from the public at large.
- In appointing members, the Town Council shall give consideration to those residents who have specific experience that would assist the committee in its tasks.
- The committee shall elect from among its members a Chair, Vice Chair, and Secretary. Elections shall take place at the committee’s first meeting. The Chair shall preside at meetings of the committee. Such office shall not deprive the Chair of his/her vote on any question. The Vice Chair shall preside at meetings of the committee in the absence or disability of the Chair. The Secretary shall serve to take minutes and perform administrative tasks for the committee, including but not limited to the taking of notes and minutes of the activities of the committee and facilitate compliance with open meetings and other procedures.
(c) Purpose and Authority
The committee shall be responsible to prepare such recommendations and provide such advice to the Town Council as it shall request. All such recommendations shall be non-binding on the Town Council. The committee shall issue a final report, in writing, to the Town Council within thirty (30) days of the committee’s last meeting. The Town Council reserves the right to overrule, revoke, or restrict the committee’s scope of work at any time.
(d) Meetings
The committee shall meet periodically at the Chair’s discretion. Meetings of the committee shall be in compliance with the Open Meetings Act, and its records shall be available in compliance with the Access to Public Records Act. The committee shall allow time at each meeting for comment by the general public.
Exhibit 2
CHAPTER 12
OFFENSES AND MISCELLANEOUS PROVISIONS
* * *
Article II. Unruly Gatherings
* * *
Sec. 12-14. Definitions.
For purposes of this Article, the following terms shall have the meanings ascribed to them by this section:
Landlord Effective Period means a period beginning on the date of notice of violation and ending three years from that date.
Persons Liable means all of the following:
(A) Any person who owns or manages property on which a Public Nuisance occurs.
(B) Any person who organizes, hosts, sponsors, permits, or suffers the occurrence of an event constituting a Public Nuisance.
Public Nuisance means a gathering of five or more persons between the hours of 10 p.m. and 6 a.m. on any public or private property where conduct occurs that causes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstruction of public streets by crowds or vehicles, illegal parking, public drunkenness, public urination, the service of alcohol to minors, illegal drug use, fights, disturbance of the peace, littering, or any other conduct that constitutes a violation of law or ordinances.
Tenant Effective Period means a period
(A) beginning June 1st and ending August 31st of a given year; or
(B) beginning September 1st of a given year and ending May 31st of the next year.
Sec. 12-15. Prohibitions.
(a) No person shall conduct, organize, sponsor, host, permit, or suffer to occur an event constituting a Public Nuisance.
(b) The South Kingstown Police may abate a Public Nuisance by all reasonable means, including issuing an order requiring the gathering to be disbanded, issuing a citation to any violators, and arresting any violators under any applicable ordinance or state statute.
(c) Nothing in this Article shall be construed to hold liable any resident of property who was (i) unaware of the Public Nuisance and (ii) was not in attendance on the premises during the Public Nuisance.
(d) Nothing in this Article shall be construed to hold liable an owner, resident, sponsor, or organizer for the conduct of persons who are present without the express or implied consent of the owner, resident, sponsor, or organizer, provided that the owner, resident, sponsor, or organizer has taken all steps reasonably necessary to exclude such persons from the premises.
Sec. 12-16. Sanctions.
(a) For the first occurrence of a Public Nuisance, the Persons Liable shall be provided notice in the manner set forth below.
(b) The owner or manager of the premises shall be fined in the amount of two hundred fifty dollars ($250.00) for a second occurrence of a Public Nuisance, and five hundred dollars ($500.00) for the third and any subsequent occurrence of a Public Nuisance on the same premises within a Landlord Effective Period.
(c) Any person who violates section 12-15(a) but is not an owner or manager of the offending premises shall be fined in the amount of two hundred fifty dollars ($250.00) for a second occurrence of a Public Nuisance, and five hundred dollars ($500.00) for the third and any subsequent occurrence of a Public Nuisance on the same premises within a Tenant Effective Period.
Sec. 12-17. Notice
(a) The South Kingstown Police Department shall furnish the premises with a notice when it intervenes at a Public Nuisance. The notice shall contain a statement which sufficiently informs the reader of the following information: (i) that the intervention of the police was necessitated as a result of a public nuisance under this article, (ii) the date of the police intervention, and (iii) that any subsequent Public Nuisance within a Landlord Effective Period or a Tenant Effective Period shall result in the liability of any violator for the amount set forth in section 12-16(b).
(b) The South Kingstown Police Department shall send via regular and certified mail notice to (i) the owner or owners of the property upon which a Public Nuisance occurs, and (ii) the resident or residents of the property upon which a Public Nuisance occurs. The contents of the statement shall be substantially similar to the notice required in subsection (a).
Sec. 12-18. Right to Contest Penalty.
(a) Any person fined under section 12-16 or provided notice under section 12-17 may contest the issuance of the fine or notice by filing a written petition for review with the Town Manager requesting that the Town Manager determine whether justification existed for issuing the fine or notice. The petition shall not be filed (i) later than ten days after the issuance of the notice or, (ii) if the notice is given by mail, no later than fifteen days after the date of the mailing of the notice.
(b) The Town Manager shall set a time and date for a hearing which shall be held no later than thirty days after receipt of the written petition and shall notify the petitioner and the solicitor’s office of the hearing date.
* * *
This ordinance shall take effect upon passage June 1, 2020.
Exhibit 3
RESOLUTION OF THE TOWN OF SOUTH KINGSTOWN AUTHORIZING THE TOWN
TO FINANCE HEALTH, SAFETY, FIRE CODE AND ROOF REPAIRS, RENOVATIONS, IMPROVEMENTS, LANDSCAPING, EQUIPPING AND FURNISHING OF THE HIGH SCHOOL, MIDDLE SCHOOLS AND ELEMENTARY SCHOOLS IN THE TOWN, AND ALL ATTENDANT EXPENSES INCLUDING, BUT NOT LIMITED TO, ENGINEERING AND ARCHITECTURAL COSTS BY THE ISSUANCE OF NOT MORE THAN $4,000,000 BONDS, NOTES AND/OR OTHER EVIDENCES OF INDEBTEDNESS THEREFOR
RESOLVED, That:
SECTION 1. Pursuant to Chapters 244/301 of the Public Laws of 2014 and a vote of the Town electorate on November 4, 2014, an amount not to exceed Four Million Dollars ($4,000,000) is appropriated to finance health, safety, fire code and roof repairs, renovations, improvements, landscaping, equipping and furnishing of the High School, Middle Schools and Elementary Schools in the Town, and all attendant expenses including, but not limited to, engineering and architectural costs (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 Four Million Dollars ($4,000,000) 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 $4,000,000 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 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 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 $4,000,000 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.
Attachment A
Boards and Commissions Appointments Report
The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.
Assessment Board of Review (3 members, 1 alternate; 3 year term)
Applicant: Susan D. Berry (applied 8/14/2019; did not attend interview 9/23/2019)
Conservation Commission (7 members; 3 year term)
Applicant: Timothy A. Ulmschneider (applied 12/30/2019)
Economic Development Committee (11 members, 3 year term)
Reappointment for a term expiring March 2020: Richard Jurczak does not wish to be reappointed.
Vacancy: term expires March 2022 (Sarah Daly-Van Oot resigned)
Applicant: Susan D. Berry (applied 8/14/2019; did not attend interview 9/23/2019)
Housing Authority (5 members; 5 year term)
Applicants: Wendy F. Romero (applied 9/18/2019; did not attend interview 2/24/2020); Kattie E. Reid (applied 10/11/2019; did not attend interview 2/24/2020); Eleanor A. Reynolds (applied 10/15/2019; did not attend interview 2/24/2020); John Glasheen (applied 2/14/2020; interviewed 2/24/2020); Susan Strakosch (applied 2/14/2020; interviewed 2/24/2020); John Taylor Ellis (applied 2/18/2020; interviewed 2/24/2020)
Recreation Commission (5 members; 3 year term)
Applicant: Timothy A. Ulmschneider (applied 12/30/2019)
Route 1 Stewardship Plan Development Committee (7 members)
Vacancy (Steve Wood resigned)
Applicant: Susan D. Berry (applied 8/14/2019; did not attend interview 9/23/2019); Jude M. Nuzum (applied 2/28/2020)
Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)
Reappointment for term expired January 2020: Stephen Stewart wishes to be reappointed.
Vacancy: term expires January 2020 (Mark Spangler deceased)
South Kingstown Partnership for Prevention (7 members; 3 year term)
Vacancies: 3 terms expire June 2020 and June 2021 (Stephanie Canter, Erin Pierce and Carol Pilkington resigned); 2 Town Council Ex-Officio members
Applicant: Susan D. Berry (applied 8/14/2019; did not attend interview 9/23/2019)
Statistical Modeling and Analytics Research Tools (SMART) Committee (9 members)
Applicant: Chris Roman (applied 2/10/2020)
Trustees of the South Kingstown School Funds (5 members; 5 year term)
Vacancies: terms expire June 2020 and June 2022 (Jacob Clemen resigned; Michael McEntee did not wish to be reappointed)
Waterfront Advisory Commission (7 members; 3 year term)
Applicants: Sarah Lindley Smith (applied 9/13/2019; interviewed 10/28/2019), Timothy A. Ulmschneider (applied 12/30/2019)
Zoning Board of Review (5 members, 2 alternates; 3 year term)
Reappointment for a term expiring March 2020: Awaiting response from Robert Cagnetta. It is reported that Mr. Cagnetta has attended 35 of 40 meetings held during the current term (attendance as of 2/19/2020).
Vacancy: full member term expires March 2021 (Michael Henry resigned)
Attachment B
1. Flag Report
2. Managers Reports:
b. Mar. 5, 2020