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AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

TOWN COUNCIL

 

MONDAY, DECEMBER 13, 2021

 

WORK SESSION

7:00 PM

REGULAR SESSION

7:30 PM

 

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

 

 

 

 

Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station. Standard COVID-19 protocols in town buildings apply to all meeting attendees. Attendees who are not vaccinated must wear a mask and maintain social distancing.

 

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: 12/9/2021

 

1.         A.        INTERVIEWS – 7:00 PM 

See Attachment A for Boards and Commissions Appointments Report.

 

B.        WORK SESSION – immediately following Video

All items listed on Town Council agenda are subject to discussion.

 

C.        REGULAR SESSION – 7:30 PM Video

Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.

 

2.         A.        PLEDGE OF ALLEGIANCE TO THE FLAG Video

 

            B.        LAND ACKNOWLEDGEMENT STATEMENT Video

 

3.         ROLL CALL Video

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS Video

 

            A.        Work Session – November 22, 2021

             

B.        Regular Session – November 22, 2021

 

C.        Closed Executive Session – November 22, 2021

 

5.         CONSENT AGENDA Video

 

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

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

 

            A.        A resolution granting Victualling, Dance and Holiday Sales Licenses to Yankee Foods, LLC d/b/a Mews Tavern, 456 Main Street, Wakefield, RI 02879. Application by Jeffrey Cammans, Managing Member; New. Video

           

            B.        A resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Wednesday, December 22, 2021 from 5:00 PM to 11:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911. Video

 

            C.        A resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Thursday, December 30, 2021 from 5:00 PM to 11:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

 

            D.        A resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Sunday, January 2, 2022 from 8:00 PM to 8:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

           

            E.         A resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Wednesday, January 12, 2022 from 5:00 PM to 11:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

 

            F.         A resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Saturday, January 22, 2022 from 11:30 AM to 3:30 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

 

            G.        A resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Tuesday, January 25, 2022 from 5:00 PM to 10:30 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

 

            H.        A resolution granting a Class F 19-Hour Beverage License to Global Spectrum LP d/b/a Spectra Venue Management for the URI Men’s Basketball Game on Saturday, February 5, 2022 from 12:00 PM to 5:00 PM at the Thomas M. Ryan Center, 1 Lincoln Almond Plaza, Kingston RI 02881. Application by Mario Martone, 2 Briarwood Drive, North Providence, RI 02911.

 

            I.          A resolution granting Theater and Dance Licenses to South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI 02892. Application by Mariann Almonte, Executive Director; Renewal. Video

 

(CA)    J.         A resolution granting Victualling Licenses for the year beginning December 1, 2021 to the following; Renewals:

 

Aunties Kitchen LLC d/b/a Aunties Kitchen, 237 Robinson Street, Wakefield, RI 02879. Application by Kathy Curley, Member.

 

Turner Provisions, LLC d/b/a Pier Pizza Company, 328 Main Street, Wakefield, RI 02879. Application by Jordan Becker, Member.

 

Up Dog, LLC d/b/a Island Deli Sandwich Shop, 231 Old Tower Hill Road, Wakefield, RI 02879.  Application by Michael Bucci, Member.

 

(CA)    K.        A resolution granting a Victualling License and Additional Hours from 2 AM to 6 AM to Kasbac, LLC d/b/a McDonald’s Restaurant, 140 Old Tower Hill Road, Wakefield, RI  02879.  Application by Lynn Ciminello, Licensing; Renewal.

 

(CA)    L.         A resolution granting Victualling and Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:

 

Buffalo Gills, LLC d/b/a Buffalo Gills, 222 Rose Hill Road, Wakefield, RI 02879.  Application by Brandon C. Gilley, Member.

 

Global Montello Group Corp. d/b/a Alltown South Kingstown, 3079 Tower Hill Road, Wakefield, RI 02879.  Application by Richard Woolverton, VP of Operations.

 

JSC Management Group, LLC d/b/a Burger King, 126 Old Tower Hill Road, Wakefield, RI 02879.  Application by Megan Vann, Accounting.

 

KCW Bagels III, LLC d/b/a Providence Bagel, 99 Fortin Road, Kingston, RI 02881. Application by Chris Wietecha, Managing Partner.

 

L & R Northup, Inc. d/b/a L & R Northup, 1892 Kingstown Road, Wakefield, RI 02879.  Application by Rachel Northup, President.

 

South County Bread Company, LLC d/b/a South County Bread Company, 333 Main Street, Wakefield, RI 02879.  Application by Jeffrey Collins, Member.

 

South County Donuts, Inc. d/b/a Dunkin Donuts, 1892 Kingstown Road, Wakefield, RI 02879.  Application by Rob Batista, Secretary.

 

(CA)    M.        A resolution granting Victualling and Holiday Sales Licenses and Additional Hours from 4 AM to 6 AM to Tower Hill Donuts, Inc. d/b/a Dunkin Donuts, 3045 Tower Hill Road, Saunderstown, RI 02874.  Application by Angela Manzo, Accounting Clerk; Renewals.

 

(CA)    N.        A resolution granting Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:

 

Drake Petroleum Company, Inc. d/b/a South Kingstown Xtra Mart, 72 Old Tower Hill Road, Wakefield, RI 02879.  Application by Richard Woolverton, VP of Operations.

 

Eloquence Jewelers, LLC d/b/a Eloquence Jewelers, 36 South County Commons Way, Wakefield, RI 02879.  Application by Daniel Lantz, Member.

 

Mattress Firm, Inc. d/b/a Mattress Firm 17004, 26 South County Commons Way, Wakefield, RI 02879.  Application by Angela Brannon, Tax Accountant.

 

Matunuck Beach Properties, Inc. d/b/a Roy Carpenters Beach, 240 Cards Pond Road, Wakefield, RI 02879.  Application by Nancy Thoresen, President.

 

Low Tide Jewelry Co., 1070 Kingstown Road, Wakefield, RI 02879.  Application by Paula Quigley, Owner.

 

Point Judith Marina, LLC d/b/a Point Judith Marina, 392D Gooseberry Road, Wakefield, RI 02879.  Application by Anne Killeen, General Manager.

 

Stone Cove Marina, Inc. d/b/a Stone Cove Marina, 134 Salt Pond Road, Wakefield, RI 02879.  Application by Steve Wood, President.

 

TPS Group Holdings, LLC d/b/a The Paper Store, 160 Old Tower Hill Road, Wakefield, RI 02879.  Application by Lisa Grant, Accounting.

 

(CA)    O.        A resolution granting Holiday Sales and Farm Retail Sales Licenses for the year beginning December 1, 2021 to The Farmers Daughter, LLC d/b/a The Farmers Daughter, 716 Mooresfield Road, Wakefield, RI 02879.  Application by Sarah Partyka, Member.

 

(CA)    P.         A resolution granting Holiday Sales and Shellfish and Farm Produce Licenses to Sosnowski Farm, 3 Waites Corner Road, West Kingston, RI 02892.  Application by Sue and Mike Sosnowski, Owners.

 

(CA)    Q.        A resolution granting Private Detective Licenses for the year beginning December 1, 2021 to the following; Renewals:

 

DSN Investigations and Consulting, LLC d/b/a DSN Investigations and Consulting, 650 Moonstone Beach Road, Wakefield, RI 02879.  Application by David Neill.

 

Keara Wolstencroft, 24 Little Woods Path, Wakefield, RI 02879.  Application by Keara Wolstencroft.

 

 

7.         PUBLIC HEARINGS

 

            A.        A Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows: Video

 

CLASS B VICTUALLER LIQUOR LICENSE

 

Transfer of a Class B Victualler Liquor License from David Barnes Development, Inc. d/b/a Mews Tavern, 456 Main Street, Wakefield, RI by David Barnes, President to Yankee Foods, LLC d/b/a Mews Tavern, 456 Main Street, Wakefield, RI by Jeffrey Cammans, Managing Member for the first and second floor, mezzanine and third floor lounge including a 40 foot expansion, as described in the Special Exception granted April 20, 1994 and Special Use Permits granted September 17, 1997 and January 21, 2004 by the Zoning Board of Review, and additional tavern area in accordance with a Special Use Permit granted on February 20, 2013; and expanded service area at the rear of the existing building within the existing parking lot, consisting of a curbside pickup kiosk and hostess station with dining seating and border/separation from the parking and vehicle access, approximately 8,000 square feet, in accordance with a Special Use Permit granted March 17, 2021 by the Zoning Board of Review;  and as further defined in site plans dated March 7, 2013 and April 14, 2021 on file in the Town Clerk’s office.

 

Said transfer is contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, issuance of a Certificate of Insurance evidencing required liability coverage, compliance with all Town Ordinances and regulations, the payment of any municipal taxes, user fees and lease payments in arrears to the Town, the correction of any fire code violations, and the satisfaction of all claims. 

 

            B.        A Public Hearing relative to an application for renewal of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows: Video

 

CLASS T LEGITIMATE THEATER LIQUOR LICENSE

 

Application for renewal of a Class T Legitimate Theater Liquor License by South County Center for the Arts d/b/a Courthouse Center for the Arts, 3481 Kingstown Road, West Kingston, RI by Mariann Almonte, Executive Director for the first and second floor of the building, in accordance with a Special Use Permit granted by the Zoning Board of Review on November 28, 2012; and as further defined in a site plan on file in the Town Clerk’s office.

 

Said license is contingent upon the issuance of a Certificate of Good Standing from the Rhode Island Division of Taxation, filing of a Certificate of Insurance evidencing required liability coverage, compliance with all Town ordinances and regulations, the payment of any municipal taxes and user fees in arrears to the Town, and the correction of any fire code violations.

 

8.         COMMUNICATIONS

 

(CA)    A.        An email dated November 18, 2021 from Timothy Murphy, President, Library Board of Trustees requesting that crossing flags be provided for pedestrian use on Route 138 at the Kingston Free Library, and a response from the Library Director are received and placed on file.

 

(CA)    B.        An email dated November 22, 2021 from Norma Roelke concerning pot holes on Sand Piper Drive, a private road, and a response from the Interim Town Manager are received and placed on file.

 

(CA)    C.        An email dated November 22, 2021 from David Cote concerning the Emergency Medical Services report on its response times is received and placed on file.

 

            D.        Resolutions adopted by the North Smithfield School Committee and East Greenwich School Committee in support of the General Assembly extending sections of RIGL §16-7-40 Increased school housing ratio are received, placed on file, and the Town Council further directs ___________________. Video

 

(CA)    E.         An email dated November 29, 2021 from Pam Woo, Small Business Saturday Coalition concerning a Small Business Saturday proclamation is received and placed on file.

 

(CA)    F.         An email dated December 1, 2021 from Marcia L. Sahagian to the Kingston Hill Academy concerning traffic issues at school dismissal time is received and placed on file.

 

(CA)    G.        An email dated December 1, 2021 from Mark L. Grayeck concerning the condition of the basketball court at Green Hill Park, and a response from the Park Superintendent are received and placed on file. 

 

(CA)    H.        An email dated December 4, 2021 from Linda Hazard concerning the status of the Matunuck Beach Road condos project, and a response from the Principal Planner are received and placed on file. Video

 

            I.          A letter dated December 6, 2021 from Jude M. Nuzum tendering his resignation from the Economic Development Committee, effective immediately, is received, placed on file, and the Town Council further directs                          ________. Video

 

(CA)    J.         An email dated December 7, 2021 from Geraldine “Running Brook” Venter requesting reimbursement for costs related to a residential construction project, and a response from the Building Official are received and placed on file. Video

 

            K.        A memorandum dated December 9, 2021 from the Senior Planner concerning the Economic Development Committee’s request to hold a joint work session with the Town Council and Recreation Commission to discuss Saugatucket Park improvements is received, placed on file, and the Town Council further directs _________________. Video

 

            L.         An email dated November 8, 2021 from Ken Burke advising of his resignation from the Affordable Housing Collaborative Committee is received, placed on file, and the Town Council further directs ___________________. Video

 

(CA)    M.        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 Video

 

10.       TOWN MANAGER’S REPORT Video

See Attachment B for Town Manager’s Reports

 

11.       TOWN SOLICITOR’S REPORT Video

 

A.        Update on Town Manager Search.

 

12.       APPOINTMENTS Video

 

A.           A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)

 

B.           A resolution appointing                                                                         to serve on the Town’s 300th Anniversary Celebration Steering Committee.

 

            C.        A resolution appointing _________________________ as the Tree Warden for the Town of South Kingstown for 2022.

 

13.       NEW BUSINESS

 

(CA)    A.        A resolution authorizing the Tax Assessor to abate taxes in the total amount of $732.40, as shown on Tax Abatement Request No. 596.

 

            B.        A resolution authorizing an award of bid to Tasca Ford, 250 Webster Square Rd., Berlin, CT 06037 for four (4) 2022 Ford Utility Police Interceptor vehicles, in an amount not to exceed $150,500, including contingency, equipment transfer/installation, and trade-in allowance; and as further described in a memorandum from the Police Chief to the Interim Town Manager dated December 6, 2021 and entitled "Bid Recommendation – Police Vehicles – SK0055PD." Video

 

            C.        A resolution authorizing the Interim Town Manager to execute a First Amendment to the Revocable License Agreement with the RI Department of Health for use of South Road School as a COVID-19 testing and vaccination distribution site through March 31, 2022; as further described in a memorandum from the Facilities Superintendent to the Interim Town Manager dated December 3, 2021 and entitled “South Road School COVID-19 Test Site Memorandum of Agreement.” Video

 

            D.        A resolution authorizing the submittal of a grant application to the RI Department of Environmental Management for funding through the 2021 Recreation Acquisition and Development grant program, for the purpose of planned capital improvements at Old Mountain Field; and as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town Manager dated November 19, 2021 and entitled “RIDEM 2021 Recreation Acquisition and Development Grant Applications.” Video

 

            E.         A resolution authorizing the approval of resolutions prepared by Bond Counsel, as shown on Exhibit 1, authorizing the issuance of bonds and/or notes in an amount not to exceed $6,500,000 to finance the Town’s Capital Improvement Plan for FY 2020-2026 as approved by the electorate on November 3, 2020, and the issuance of bonds and/or notes in an amount not to exceed $1,000,000 to finance Neighborhood Guild improvements as approved by the electorate on November 7, 2006, and the advancement of funds from the Town treasury and the subsequent reimbursement from bond proceeds; and as further detailed in a memorandum from the Finance Director to the Interim Town Manager dated December 6, 2021 and entitled “Request for Resolution to Approve Issuance of Bonds and Reimbursements from Bond Proceeds.” Video

 

            F.         A resolution authorizing the extension of a contract originally awarded on June 14, 2021 to 4Leaf, Inc., 132 Central Street, Suite 210, Foxborough, MA 02035 for Plan Review and Building Inspection Services on an as needed basis for up to six months, from January 1, 2022 through June 30, 2022; as further described in a memorandum from the Building Official to the Interim Town Manager dated December 3, 2021 and entitled “Contract Extension for Plan Review and Building Inspection Services.” Video

 

(CA)    G.        A resolution authorizing an award of contract to FARO Technologies, Inc., PO Box 116908, Atlanta, GA 30368-6908 for the purchase of a Total Station Package Upgrade for Accident and Crime Scene Reconstruction, complete with all necessary hardware, software, and training, in an amount not to exceed $8,765; and as further described in a memorandum from the Police Chief to the Interim Town Manager dated December 8, 2021 and entitled "Award Recommendation – FARO Total Station Package Upgrade.”

 

            H.        A resolution authorizing the Interim Town Manager to execute a National Grid energy initiative application for an LED lighting retrofit project at the South Road Building, using the National Grid on-bill repayment option; and as further described in a memorandum from the Facilities Superintendent to the Interim Town Manager dated December 8, 2021 and entitled “Recommendation for Exterior Lighting at South Road Building.” Video

 

            I.          A resolution authorizing an award of bid to TBNG, Incorporated – Vancord, 500 Boston Post Road, Milford, CT 06460 for town networking equipment in an amount not to exceed $213,143, including a $3,000 contingency; as further described in a memorandum from the Director of Technology to the Interim Town Manager dated December 8, 2021 and entitled “Town Network Equipment Recommendation.” Video

 

            J.         A resolution rejecting a proposal dated September 28, 2020 from Cyber Communications, Inc., 90 Colorado Avenue, Warwick, RI 02888 for the Public Safety UHF Voice Radio Communications System, Bid #SK0006CD; as further described in a memorandum from the Fire Alarm Superintendent to the Interim Town Manager dated December 1, 2021 and entitled “Award of Contract – Public Safety UHF Voice Radio Communications System, SK0007CD.” Video

 

            K.        A resolution authorizing an award of contract to Marcus Communications, LLC, 33 Mitchell Drive, PO Box 1498, Manchester, CT 06045 for implementation, construction, subscribers, and delivery of a turnkey UHF Simulcast System in accordance with the proposal dated March 3, 2021, in an amount not to exceed $2,692,842; and as further described in a memorandum from the Fire Alarm Superintendent to the Interim Town Manager dated December 1, 2021 and entitled “Award of Contract – Public Safety UHF Voice Radio Communications System, SK0007CD.” Video

 

            L.         A resolution authorizing the Interim Town Manager to send a letter on behalf of the Town Council in support of the grant application to RI Commerce associated with the Town’s initiative to solicit and retain the services of a professional planning / design / legal team through a formal Request for Proposals to guide the community through a process of workshops, design charrettes, outreach and education to assist in the development of regulations that promote innovative, context-sensitive design for new development and re-development in Peace Dale and Wakefield; as further described in a memorandum from the Planning Director to the Interim Town Manager dated December 7, 2021 and entitled “Rhode Island Commerce – Site Readiness Grant Program.” Video

 

            M.        A resolution authorizing the submission of an amended Community Development Block Grant (CDBG) Affordable Housing application to the RI Office of Housing & Community Development requesting an increase of $80,166 in the project budget for Contract #20/32/36 from $309,884 to $390,050 for the purpose of supporting the Westerly Area Rest Meals (WARM) Center’s acquisition of the Welcome House emergency shelter located at 8 and 22 North Road in Peace Dale; and as further described in a memorandum from the Senior Planner to the Interim Town Manager dated December 9, 2021 and entitled “WARM Request for Amendment to CDBG Grant.” Video

 

            N.        A resolution accepting the transfer of ownership of Ram Point Marina, Inc. to TS-Grove Pt Marinas Asset Funding, LLC, 251 Little Falls Drive, Wilmington, DE 19808 under the existing Marina Park property leases dated July 1, 2021 between the Town of South Kingstown and Ram Point Marina, Inc., with the exact terms and conditions therein; and as further detailed in a memorandum from the Interim Town Manager to the Town Council dated December 8, 2021 and entitled “Transfer of Marina Park Lease – Ram Point Marina.” Video

 

            O.        A resolution extending the Town’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020 and subsequently renewed on April 13, 2020, May 11, 2020, June 8, 2020, July 13, 2020, August 11, 2020, September 14, 2020, October 13, 2020, November 9, 2020, December 14, 2020, January 11, 2021, January 25, 2021, February 22, 2021, March 22, 2021, April 26, 2021, May 24, 2021, June 28, 2021, July 26, 2021, August 10, 2021, September 13, 2021, October 25, 2021 and November 8, 2021, as shown on Exhibit 2 attached hereto. Video

 

            P.         A resolution approving a Temporary Town Manager Employment Contract; as further described in a memorandum from the Town Solicitor to the Town Council dated December 8, 2021 and entitled “Manager’s Contract.” Video

 

(CA)    Q.        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 Video

 

A.        A Closed Executive Session pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel re: Interim Town Manager; and pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public. Audio

 

 

 

Exhibit 1

 

RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE ISSUANCE

OF BONDS AND/OR NOTES IN AN AMOUNT NOT TO EXCEED $6,500,000

TO FINANCE THE TOWN’S CAPITAL IMPROVEMENT PLAN FOR THE FISCAL

YEARS 2020-2026, INCLUDING, BUT NOT LIMITED TO, THE ACQUISITION, CONSTRUCTION, REPLACEMENT, REPAIR, IMPROVEMENT, FURNISHING

AND EQUIPPING OF MUNICIPAL TRANSPORTATION SAFETY AND ROAD IMPROVEMENTS, PUBLIC SAFETY INFRASTRUCTURE IMPROVEMENTS

AND OTHER MUNICIPAL PROJECTS

 

RESOLVED, That:

 

SECTION 1.  Pursuant to Chapters 61/85 of the Local Acts and Resolves of 2020 and a vote of the Town electorate on November 3, 2020, an amount not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000), plus any bond premium received as part of the purchase price for the bonds, is appropriated to finance ‎the Town’s capital improvement plan for the fiscal years 2020-2026, ‎including, but not limited to, the acquisition, construction, replacement, repair, improvement, ‎furnishing and equipping of municipal transportation safety and road improvements, public ‎safety infrastructure improvements and other municipal projects (the "Project").

SECTION 2.  The Director of Finance and the President of the Town Council be and hereby are authorized to issue on behalf of the Town, an amount not exceeding Six Million Five Hundred Thousand Dollars ($6,500,000) 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 $6,500,000 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 Director of Finance, at the written direction of the Town Council, may expend funds from the general treasury of the Town for the purposes specified in Section 1 hereof.  Any advances made under this section shall be repaid without interest from the proceeds of the bonds and notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.

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

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

SECTION 9.  This resolution confirms 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 November 3, 2020, the date of the voter referendum approving the issuance of the bonds, but prior to the issuance of the bonds or notes.  Such amounts to be reimbursed shall not exceed $6,500,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

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

SECTION 11.  This resolution shall take effect upon passage.

 


 

RESOLUTION AUTHORIZING THE TOWN OF SOUTH KINGSTOWN

TO FINANCE NEIGHBORHOOD GUILD IMPROVEMENTS AND TO

ISSUE NOT MORE THAN $1,000,000 BONDS THEREFOR

 

RESOLVED, That:

 

            SECTION 1.  Pursuant to Chapters 389/483 of the Public Laws of 2006 and a vote of the Town electorate on November 7, 2006, an amount not to exceed One Million Dollars ($1,000,000), plus any bond premium received from purchaser of the bonds, is appropriated to finance the Town's share of the cost of both interior and exterior building renovations and improvements of the Neighborhood Guild Facility (the "Project").

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

            SECTION 10.  The Director of Finance and the President of the Town Council are authorized to take all actions necessary to comply with federal 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.

 

 

 

 

Exhibit 2

 

Town of South Kingstown

Renewed Declaration of Emergency

 

 

On March 15, 2020, pursuant to Sec. 3214 of the South Kingstown Home Rule Charter, the Town Council declared the existence of an emergency. The basis for the Council’s emergency declaration was the danger to health and life posed by the novel coronavirus known as COVID-19, as set forth in Governor Gina Raimondo’s Executive Order 20-02 dated March 9, 2020 declaring a state of emergency, and Executive Order 20-03 dated March 13, 2020 containing a supplemental emergency declaration.  Governor Raimondo extended the state of emergency as set forth in Executive Order 20-23 on April 10, 2020, and it was further extended on May 7, June 4, July 3, July 31, September 2, October 2, November 2, December 2, December 22, 2020, January 19, and February 16, 2021. Governor Daniel McKee further extended the state of emergency on March 16, April 21, May 20, and June 10, July 9, August 6, and September 30, 2021.  The Town Council voted to extend the date of the local emergency declaration on April 13, 2020, and it was further extended on May 11, June 8, July 13, August 11, September 14, October 13, November 9, December 14, 2020, January 11, January 25, February 22, March 22, April 26, and May 24, June 28, July 26, August 10, September 13, 2021, October 25, 2021 (retroactive to October 12, 2021), and November 8, 2021.

 

Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 211 further supplemental emergency declarations (as of December 3, 2021) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide.  On November 24, 2021, Governor McKee issued Executive Order 21-112 further extending the state of emergency to December 23, 2021.  Therefore, the Town Council deems it prudent to declare that a state of emergency continues to exist in Town, and hereby extends the end date of its emergency declaration from December 13, 2021 to January 10, 2022.  The substance of the Council’s declaration of emergency remains in full force and effect, except to the extent that it has been superseded by an Executive Order of the Governor of the State of Rhode Island.

 

The Council hereby delegates the authority to the Interim Town Manager to take any and all actions deemed necessary to address the ongoing emergency. The Interim Town Manager shall report actions taken pursuant to this emergency declaration to the Council and to the public as soon as practicable, including ongoing updates on the Town’s website.

 

This Ordinance shall remain in full force and effect until January 10, 2022 unless renewed, modified, or terminated by a subsequent ordinance. Provided, however, that if the statewide state of emergency is not extended by executive order of the Governor of the State of Rhode Island on or before December 23, 2021, this Ordinance shall expire on that date.

 

 

 

 

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.

 

Affordable Housing Collaborative Committee (7 members; 3 year term)

Vacancy: one term expires August 2022 (Jennifer Krueger resigned)

 

Assessment Board of Review (3 members, 1 alternate; 3 year term)

Reappointments for terms to expire January 2022: Awaiting response from Ken L. Munroe. William M. Salerno does not wish to be reappointed.

It is reported that Mr. Munroe has attended 4 of 5 meetings held during the current term.

 

Bicycle – Pedestrian Advisory Committee (minimum 5, maximum 9 members; 2 year term)

Vacancies: terms expire July 2023 (Paul Higgins, William McCusker and Jenn Judge resigned)

Reappointments for terms to expire July 2023: Kenneth Burke (to be interviewed on 1/10/2022), and Kateri Collins (to be interviewed 12/13/2021) wish to be reappointed. It is reported that of 23 meetings held during the current term, Mr. Burke and Ms. Collins attended 23.

Applicant: Lisa-Beth Sanford (applied 7/30/2021; to be interviewed 12/13/2021)

 

Conservation Commission (7 members; 3 year term)

Vacancy: term expires September 2024 (Anne Heffron did not wish to be reappointed)

 

Economic Development Committee (11 members, 3 year term)

Vacancy: term expires March 2023 (Marc Levitt resigned)

Reappointments for terms to expire March 2022 Brian P. Smith wishes to reappointed. Awaiting responses from Susan W.D. Marcus, Alex M. Petrucci, Kenneth J. Tetzner, and Henry H. Thayer III. It is reported that of meetings held during their respective terms, Ms. Marcus has attended 24 of 31, Mr. Petrucci has attended 9 of 26, Mr. Smith has attended 29 of 31, Mr. Tetzner has attended 5 of 9, and Mr. Thayer has attended 30 of 31.

Applicant: Susan Walsh (applied 1/14/2021; interviewed 3/8/2021 and appointed to Zoning Board of Review)

 

Historic District Commission (7 members, 3 year term)

Vacancy: term expires December 2021 (James Garfield resigned)

Reappointment for a term expiring December 2021: Linda M. Stedman wishes to be reappointed (to be interviewed 1/10/2022). It is reported that Ms. Stedman has attended 20 of 21 meetings held during the current term.

 

Planning Board (7 members; 3 year term)

Applicants: Michael L. Geremia (applied 6/29/2020; interviewed 10/13/2020 and 6/14/2021); James M. Murdock (applied 05/25/2021; interviewed 6/14/2021)

 

Route 1 Stewardship Plan Development Committee (7 members)

Vacancy: Route 1 business owner (Steve Wood resigned)

Applicant: Thomas J. Daniels (applied 4/21/2021)

 

 

Route 138 Reconstruction Project Area Committee (11 members; 2 year term)

Vacancies: terms expire May 2023: Peter Maynard does not wish to be reappointed; Ex-officio member of Historic District Commission (James Garfield resigned) and URI representative.

 

Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)

Vacancy: Vietnam Veteran term expires January 2025 (Mark Spangler deceased)

 

Statistical Modeling and Analytics Research Tools (SMART) Committee

Two vacancies: (Lauren Weinstock and Jonathan E. Daly-LaBelle resigned)

Applicant: Nathaniel H. Merrill (applied 8/11/2021)

 

300th Anniversary Steering Committee

Applicants: Ginny Paul (applied 11/29/2021); Dino Autiello, URI (applied 11/30/2021); Philip Telford (applied 12/2/2021)

 

Sustainability Committee (7 members)

Vacancy (Hannah Morini resigned)

Applicant: Pamela F. Lezaeta (applied 6/21/2021)

 

Trustees of the South Kingstown School Funds (5 members; 5 year term)

Vacancy: term expires June 2022 (Carol Vetter resigned due to appointment to the School Committee)

 

Waterfront Advisory Commission (7 members; 3 year term)

Vacancy: term expires June 2023 (M. Andrew Scherer resigned)

Applicant: Connor Duckworth (applied October 6, 2021; invited to be interviewed 12/13/2021)

 

Zoning Board of Review (5 members, 2 alternates; 3 year term)

Vacancy: Alternate #2 for a term expiring March 2023 (Casey Charkowick promoted to full member 4/12/2021)

Reappointments for terms to expire March 2022: Russell W. Brown wishes to be reappointed. Awaiting responses from Casey Charkowick and Thomas J. Daniels. It is reported that Mr. Brown has attended 2 of 2 meetings, Mr. Charkowick has attended 17 of 18 meetings, and Mr. Daniels has attended 42 of 42 meetings held since their respective appointments.

 

 

 

 

 

Attachment B

 

1.    Manager’s Report dated November 24, 2021

2.    Manager’s Report dated December 2, 2021

3.    Manager’s Report dated December 9, 2021

 

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