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WORK SESSION
FEBRUARY 8, 2021
At a WORK SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island held via video- and tele-conference, in and for said Town on the 8th day of February 2021 at 7:00 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. A. INTERVIEWS 
The Town Council interviews Carol Ann Vetter relative to her interest in serving on the Trustees of the South Kingstown School Funds.
1. B. WORK SESSION
Discussion ensues relative to the COVID-19 vaccination program. The Peace Dale House residents have been offered the vaccine. There are three State channels for the program: the State vaccine centers, private pharmacies, and points of distribution at the regional level. Discussion ensues relative to the Town’s efforts to identify and respond to residents seeking information and appointments to be vaccinated.
Discussion ensues relative to sidewalk snow removal and complaints that have been received, and the challenges to getting sidewalks cleared. Discussion ensues relative to the Town’s Sidewalk Snow Removal Policy, including exemptions and the priority areas for clearing.
1. A. INTERVIEWS (continued)
The Town Council interviews William Murray Gates IV relative to his interest in serving on the Historic District Commission.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
FEBRUARY 8, 2021
At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held via video- and tele-conference, in and for said Town on the 8th day of February 2021 at 7:30 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
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.
Council President Collins reviews the access and call-in procedures for the public to view and/or participate in this evening’s virtual meeting.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on January 25, 2021 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on January 25, 2021 are accepted, approved and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6B. UNANIMOUSLY VOTED: to grant a Victualling License to Hyde Park Properties IV, LLC d/b/a Five Guys, 600 Kingstown Road, Wakefield, RI 02879. Application by Natasha Lopez, Office Manager; Renewal. License No. 69564.
(CA) 6C. UNANIMOUSLY VOTED: to grant a Holiday Sales License to The Purple Cow Company d/b/a The Purple Cow, 205 Main Street, Wakefield, RI 02879. Application by Melinda Witham, Owner; Renewal. License No. 59852.
(CA) 7A. UNANIMOUSLY VOTED: that emails from the following concerning the School Facilities Plan are received and placed on file: Karen Humes; Paulette Russell; Kate Johnson; Denise Mann; Carol Cagle; Emily Totten; Claudia Kelley Rowley; Stacie Zamperini; Keith and Jennifer Wahl; Cherie Taylor; Lou Chrostowski; Paula Bradley and Jason Ralph; Joslin Leasca; Jared Aaronson; Lynne Fontaine; Tony and Barbara Robinson; Kevin Jutras; Jane Bates; Judith Warburton; Paula Bradley; Jennifer Bates; Jane Zamperini; Mary-Gail Smith; Chris Gage; Patty McGrath; Carrie Brown; Matt Crook; Tom Hogan; Megan and Michael Brock; and Laura Warner.
(CA) 7B. UNANIMOUSLY VOTED: that a communication from Jamie Rhodes, Sales Manager, Good Energy, L.P. providing information on their Community Choice Electricity Aggregation Program that the Town is participating in is received and placed on file.
(CA) 7E. UNANIMOUSLY VOTED: that a letter dated January 23, 2021 from Tim Lemire providing information to help children and parents of divorce and separation in Rhode Island is received and placed on file.
(CA) 7G. UNANIMOUSLY VOTED: that an email dated January 28, 2021 from Stephen Dahl concerning safety issues related to wireless radiation is received and placed on file.
(CA) 7I. UNANIMOUSLY VOTED: that an email dated February 1, 2021 from Peter Roberts, Treasurer providing financial reports of the Indian Lake Shores Fire District are received and placed on file.
(CA) 7J. UNANIMOUSLY VOTED: that a letter dated December 18, 2020 from Linda Hurley, CODAC Behavioral Healthcare providing information on their outpatient Opioid Use Disorder treatment programs is received and placed on file.
(CA) 7K. UNANIMOUSLY VOTED: that an email dated February 2, 2021 from Carrie Brown concerning the Town’s goals and objectives and expressing interest in serving on a committee to plan the Town’s 300th anniversary is received and placed on file.
(CA) 7L. UNANIMOUSLY VOTED: that an email dated February 1, 2021 from Liz Gledhill concerning deed restrictions on Town-owned properties is received, placed on file, and referred to the Town Manager and Town Solicitor.
(CA) 7N. UNANIMOUSLY VOTED: that a letter dated January 29, 2021 from Terrence G. Simpson, President advising of the Contemporary Theater Company’s expansion plans and providing information explaining their request for a Special Use Permit from the Zoning Board of Review is received and placed on file.
(CA) 7O. UNANIMOUSLY VOTED: that an email dated February 3, 2021 from Rhode Island Kids Count providing the 2020 Legislative Wrap-Up is received and placed on file.
(CA) 7P. UNANIMOUSLY VOTED: that an email dated February 3, 2021 from Liz Gledhill concerning sidewalk snow removal is received and placed on file.
(CA) 7Q. 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) 11A. UNANIMOUSLY VOTED: to authorize the amendment and extension of an award of bid to CDM Smith Inc., (formerly known as Camp, Dresser and McKee, Inc.), 75 State Street, Suite 701, Boston, MA 02109 for WebGIS Hosting and Technical Support Services in an amount not to exceed $6,200; and as further described in a memorandum from the GIS Administrator to the Town Manager dated January 28, 2021 and entitled “CDM Smith WebGIS Contract Renewal.”
(CA) 11G. UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --… “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
6. LICENSES
A. Karen Zyons is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Miscellaneous Permit to conduct a portion of the Ocean State Road Race in South Kingstown on Sunday, October 24, 2021 to Rhode Races and Events, Inc., 3 Mayo Drive, Warren, RI 02885 subject to the execution of a hold harmless agreement indemnifying the Town, and issuance of a certificate of insurance naming the Town as an additional insured for the event in the amounts specified by the Finance Director. Application by Karen Zyons, President; Renewal. License No. 69282.
7. COMMUNICATIONS
C. UNANIMOUSLY VOTED: that resolutions adopted by the Cranston City Council and North Providence Town Council in support of lifting restrictions on small businesses due to COVID-19 are received and placed on file.
D. UNANIMOUSLY VOTED: that a resolution adopted by the Cranston City Council requesting the Governor and General Assembly to allocate $8 million in stimulus money to afterschool and summer programs is received and placed on file.
F. UNANIMOUSLY VOTED: that a letter dated January 27, 2021 from Alice Buckley submitting her resignation from the Affordable Housing Collaborative Committee is received, placed on file, and the Town Council directs that a letter of thanks be sent.
H. Discussion ensues relative to an email from Peace Dale House concerning COVID vaccinations for their residents. The Town Manager and Director of Emergency Medical Services describe last week’s vaccination program for which the Town received 150 doses to target persons on the State Special Needs Registry and others over age 75. The Town is working on lists of persons who have self-identified or are on the voter registration list, in elderly housing or receiving Senior Program services. Discussion ensues relative to the three State channels for the program: the State vaccine centers, private pharmacies, and points of distribution at the regional level. Self-registration is likely to be used as we go to the next age group. Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated January 28, 2021 from Cynthia Casten, Administrator and Linda Redmond, President, Peace Dale House seeking assistance in obtaining COVID-19 vaccinations for their elderly residents is received and placed on file.
M. Discussion ensues, and it is
UNANIMOUSLY VOTED: that a letter dated January 23, 2021 from John Patrick Shanley concerning the contributions made to the South Kingstown community by the late Barbara Anne Hackey and requesting that the Town Council consider naming the Senior Center after Mrs. Hackey is received, placed on file and referred to the Recreation Commission for review and recommendation.
8. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
Greg Sweet is present and comments on the Sidewalk Snow Removal Ordinance.
9. TOWN MANAGER’S REPORT
The Town Manager presents the Flag Report. Theresa Murphy, Director of Leisure Services discusses the Senior Center’s efforts doing outreach and receiving calls from seniors regarding COVID vaccinations. They are creating lists and scheduling vaccinations as they become available. Craig Stanley, Director of Emergency Medical Services advises that 150 doses were administered at South Road School, which is a Point of Distribution (POD) for southern Rhode Island. They have scheduled their second round, expected to be 210 doses per week for 4 weeks beginning on February 17th. In late December more than 2,000 doses were administered at South Road School to first responders.
Jon Schock, Director of Public Services discusses the Matunuck shoreline erosion that occurred after the last storm. Mr. Schock also reviews the logistics of the Town’s snow plowing efforts, and discussion ensues regarding sidewalk snow removal.
The Town Manager notes the Town’s You Tube is now live, and the Mobile app is days away. The Stage II application for School Facilities Funding has been submitted to the RI Department of Education. The Town Manager’s Interim Report dated January 28, 2021, and the Miscellaneous Report dated February 4, 2021are accepted, approved and placed on file.
10. APPOINTMENTS
Council Vice President McEntee suggests increasing the Board of Canvassers membership to five. The Town Solicitor will review the State Laws governing that body and report to the Council at the next meeting.
A. UNANIMOUSLY VOTED: to appoint William Murray Gates IV to the Historic District Commission to fill a term to expire in December 2023.
UNANIMOUSLY VOTED: to appoint Carol Ann Vetter to the Trustees of the South Kingstown School Funds to fill a term to expire in June 2022.
11. NEW BUSINESS
B. UNANIMOUSLY VOTED: to adopt the Town Beach Policy for the 2021 season, as shown as follows; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated February 2, 2021 and entitled “2021 Town Beach Policy and Fee Schedule.”
SOUTH KINGSTOWN TOWN BEACH POLICY
It is the policy of the Town of South Kingstown to operate and maintain, as a municipal facility, the Town Beach at Matunuck for the 2021 summer season.
This policy will adhere to COVID-19 restrictions and associated state & local mandates related to social distancing and maximum group sizes. As beach operations are assessed; and restrictions are lifted or re-imposed, this policy will be subject to change
General Rules and Information
§ The South Kingstown Town Beach is open to the public from May 31 through Labor Day, September 6, 2021
§ Designated parking on Moonstone Beach Road between Memorial Day and Labor requires a seasonal beach pass sticker or day pass which can be purchased at the Town Beach gate. This parking is monitored by South Kingstown Police.
§ The number of passes available for sale on any given day may be limited by Beach Management based on parking, beach capacity limits and public health/safety guidelines
§ The parking lot opens daily at 8:00 a.m.
§ Gate hours are 8am to 4pm weekdays; and 8am to 5pm on weekends and holidays.
§ Restrooms are normally open from 8:00 a.m. to 7:00 p.m.
§ All cars must be vacated from the parking area no later than 9:00 p.m. as the gate is closed and locked at that time.
§ Lifeguards shall be on duty 9:15am to 5:00pm weekdays and 9:15am to 6:00pm weekends and holidays
§ Alcohol consumption on the property is prohibited.
§ Smoking on the property is prohibited.
§ Dogs are prohibited from Opening Day through Labor Day – excluding service dogs as defined by ADA (see section V). Compliance with the Town’s leash law is required at all times during the off season when dogs are allowed on the beach.
Use of the municipal parking lot at the South Kingstown Town Beach shall be governed in accordance with the following regulations:
I. Beach Parking Stickers/Transferrable Passes
A. A seasonal parking sticker, transferrable pass, or one-day parking pass will be required for access to the beach parking area.
B. Season Passes will be available for purchase as follows:
1. online at https://parksandrec.southkingstownri.com. Passes will only be sold online from April 5, 2021 to May 9, 2021
2. at the Neighborhood Guild Parking Lot, 325 Columbia Street, Peace Dale, Monday – Friday, May 10 – June 17, 3:00 to 5:00pm.
3. at the Town Beach entrance booth during beach operating hours
Pre-purchased season pass stickers (via online or Guild drop box) will be issued to customers upon first visit to the Town Beach during the 2021 season, starting May 29, 2021 or at the Neighborhood Guild, Monday – Friday, May 10 – June 17, 3:00 to 5:00pm.
C. The purchase of a seasonal parking sticker or transferrable pass does not guarantee parking.
D. During the period of reduced beach capacity, the sale of season passes will be limited to residents only. Sale of non-resident season passes will resume when Covid-19 restrictions are lifted.
E. The fees for seasonal and daily beach parking shall be as follows:
Seasonal
1. Resident $60
2. Resident – Senior Citizen (65 or older) $50
3. Elderly Abatement (must meet income eligibility) $25
(1 pass per address)
4. Non-Resident (see item D above) $120
5. Transferrable Pass R (two passes issued) $200
6. Transferrable Pass NR (one pass issued – see item D above) $220
7. 100% Disabled Veteran/Ex-POW (one pass per address) No fee
Weekdays – Monday through Friday
8. Resident Daily parking fee $10
9. Non-resident Daily parking fee $20
10. Daily parking for busses and large recreational vehicles $50
Weekends
11. Residents $15
12. Non-residents $25
F. Resident beach parking passes shall only be issued to persons meeting one or more of the following qualifications:
1. Property taxpayers found in the most current tax roll.
2. Property taxpayers who can show a receipt for payment of the current year's taxes.
3. A person who can provide the Town with a copy of a current valid 90-day or longer lease term in South Kingstown.
4. Any person who can show current rent receipts for a South Kingstown property for a period of not less than 90 days.
5. Senior Citizens must show proof of residency and age to be 65 or older for the reduced rate.
6. Non-resident who serves as caregiver/driver for resident who must provide proof of residency as noted in items 1 through 4.
G. Persons failing to meet the above-noted qualifications shall be eligible to purchase a non-resident parking pass for the South Kingstown Town Beach at the fee noted in paragraph C.4 above.
H. Resident parking passes will be issued only to vehicles registered to individuals meeting the criteria established in paragraph E. above.
I. Parking stickers are not transferable. Each pass will be marked to indicate the registration number of the vehicle to which it was issued.
J. A valid vehicle registration must be presented for each vehicle for which a pass is issued.
K. Parking passes are only valid if affixed to the lower front windshield on the driver's side of the vehicle.
L. Transferrable passes (formerly known as Cottage Passes) are available to residents and non-residents as noted above in section C.5 and C.6 and in accordance with the following procedures:
1. For residents: two passes will be issued per the established fee. Non-residents: one pass will be issued for the established fee. The pass must be presented at the front gate at the time of entry to the beach and is good for one vehicle. The pass will remain with the front gate personnel and will be picked up when the user leaves the facility.
2. Application and payment for transferrable passes will only be accepted by the Parks and Recreation Department at the Neighborhood Guild, 325 Columbia Street, Peace Dale, and RI. Applications will not be accepted at Town Hall or the Town Beach.
II. Parking Priorities
A. Personnel of the South Kingstown Parks and Recreation Department, with the assistance and support of the South Kingstown Police Department will oversee the management and security of the beach parking areas.
B. Priority will be given to “stickered” or “transferrable pass” vehicles (those with season parking sticker or pass). If in the judgment of beach management, the parking lot may fill to capacity on a given day, beach management will limit parking to those vehicles with valid seasonal or transferrable passes.
C. Motorcycles, mopeds and all other recreational vehicles are considered motor vehicles for purpose of admission.
D. Bicycles are not considered vehicles and will be parked at the bike rack or at other designated areas.
III. Picnic Area
Picnic Tables and grills are available on a first come first serve basis. Grills are for charcoal use only, open flames are prohibited.
IV. Storage Unit Rental
A. Rental Procedure
1. Rental fee per unit is $230 for the season (May 29–Sept. 6, 2021). This fee includes one (1) Resident beach pass.
2. Rental applications will be accepted at the Neighborhood Guild from April 1st through May 13th. If greater than twelve applications are received, a lottery will be held at the Neighborhood Guild on May 14th 2021 at 10 a.m.
3. Only one application may be submitted per address.
4. Payment must be submitted to the South Kingstown Parks and Recreation Department, 325 Columbia Street, Peace Dale within four seven business days of the lottery drawing (by May 21, 2021)
5. Application and payment for beach storage units are only accepted at the Neighborhood Guild. Applications will not be accepted at the Town Beach.
B. Eligibility Requirements
1. Property taxpayers found in the most current tax roll.
2. Property taxpayers who can show a receipt for payment of the current year's taxes.
3. A person who can provide the Town with a copy of a current valid 90-day or longer lease term in South Kingstown.
4. Any person who can show current rent receipts for a South Kingstown property for a period of not less than 90 days.
C. Storage Unit Rules
1. The name on the application form is the person responsible for the rental unit.
2. Renter agrees to provide their own lock.
3. Renter has access to storage unit during regular operating hours of beach.
4. The unit must be cleaned and emptied by Labor Day. Items left in the unit after Labor Day become the property of the Town and will be disposed of.
5. The following items may not be stored in the rental unit
a. Alcohol
b. Firearms
c. Food (overnight)
d. Portable grills
6. Unit rental rights are not transferable.
7. Unit rental is not renewable for future seasons. A lottery will be conducted annually.
8. The Town of South Kingstown is not responsible for any damage to or loss of renter’s property as a result of theft or vandalism.
V. Service Animals
Service animals as defined by the Americans with Disabilities Act:
Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
Beach patrons accompanied by a dog may be asked what work or task has the dog been trained to perform.
C. UNANIMOUSLY VOTED: to authorize an award of bid to E.W. Audet & Sons Inc., 169 Bay Street, Providence, RI 02905 for the purchase and installation of a new LED lighting system for Brousseau Park tennis courts in accordance with all bid specifications, in an amount not to exceed $44,000 including a contingency of $2,200; and as further described in a memorandum from the Park Superintendent to the Town Manager dated January 28, 2021 and entitled “Award of Bid – Brousseau Park Tennis Court Lighting.”
D. Discussion ensues, and it is
UNANIMOUSLY VOTED: to authorize an award of contract to Woodard & Curran, Inc., 33 Broad Street, Providence, RI 02903 for Green Hill Pond, Factory Pond Stream and Teal Pond Stream, Total Maximum Daily Load (TMDL) and Nitrogen Reduction Engineering Services in an amount not to exceed $159,200, including a contingency of $30,000 with funding from the TMDL capital reserve fund; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated February 4, 2021 and entitled “Green Hill Pond, Factory Pond Stream and Teal Pond Stream, Total Maximum Daily Load (TMDL) and Nitrogen Reduction, Engineering Services Recommendation.”
E. Discussion ensues relative to enabling legislation to hold a referendum seeking approval for $85 million in bonds for school facilities improvements. The Town Manager reviews the process whereby the RI Department of Education reviews the Stage II application submitted by the Town, the School Building Authority is likely to issue their recommendation in March, with final action on May 17, 2021. A bond referendum could happen at a time set by the Town Council, it would be best in May or September. Discussion ensues, and it is
VOTED: to memorialize the General Assembly to enact legislation authorizing the Town of South Kingstown to issue not to exceed $85,000,000 general obligation bonds, notes and other evidences of indebtedness to finance the construction, renovation, improvement, alteration, repair, landscaping, furnishing and equipping of schools and school facilities throughout the town, and all attendant expenses including, but not limited to, engineering and architectural costs, provided that the authorization shall be reduced by the amount of certain grants received from State bond proceeds, from the Rhode Island Department of Education or from the Rhode Island School Building Authority:
WHEREAS, the Town Council of the Town of South Kingstown endorses and supports the issuance of general obligation bonds, notes and other evidences of indebtedness to finance the construction, renovation, improvement, alteration, repair, landscaping, furnishing and equipping of schools and school facilities throughout the town, and all attendant expenses including, but not limited to, engineering and architectural costs (the "Projects");
WHEREAS, in order to undertake and complete the Projects, there would be a need to issue bonds, notes or other evidences of indebtedness in an amount not to exceed $85,000,000.
NOW THEREFORE, BE IT RESOLVED: that the Town of South Kingstown hereby memorializes the General Assembly to enact legislation authorizing the Town, with the approval of the qualified electors, to issue bonds, notes or other evidences of indebtedness in an amount not to exceed Eighty-Five Million Dollars ($85,000,000) for the above purposes, provided that the authorization shall be reduced by the amount of certain grants received from State of Rhode Island (“State”) bond proceeds, from the Rhode Island Department of Education or from the Rhode Island School Building Authority.
AND BE IT FURTHER RESOLVED: that the Town Solicitor, working with Bond Counsel for the Town of South Kingstown, ensure that the appropriate legislation in substantially the form attached hereto is submitted in a timely manner to the Rhode Island General Assembly to ensure that all requirements are met to ensure consideration of this question by the electors.
AND BE IT FURTHER RESOLVED: that this resolution is an affirmative action of the Town Council of the Town of South Kingstown toward the issuance of bonds, notes or other evidences of indebtedness 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 Section 1.150(2), to reimburse the Town for certain capital expenditures for the Projects paid on or after the date which is sixty (60) days prior to the date of this resolution but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $85,000,000 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 Projects are placed in service or abandoned, but in no event later than three (3) years after the date the expenditure is paid.
AND BE IT FURTHER RESOLVED: this Resolution shall take effect upon its passage.
2021 –
S T A T E O F R H O D E I S L A N D
IN THE GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2021
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A N A C T
AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO EXCEED $85,000,000 GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, REPAIR, LANDSCAPING, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL FACILITIES THROUGHOUT THE TOWN, and all attendant expenses including, but not limited to, engineering and architectural costs, PROVIDED THAT THE AUTHORIZATION SHALL BE REDUCED BY THE AMOUNT OF CERTAIN GRANTS RECEIVED FROM STATE BOND PROCEEDS, FROM THE RHODE ISLAND DEPARTMENT OF EDUCATION OR FROM THE RHODE ISLAND SCHOOL BUILDING AUTHORITY
Introduced By:
Date Introduced:
Referred To:
It is enacted by the general assembly as follows:
SECTION 1. The town of South Kingstown is hereby empowered, in addition to authority previously granted, to issue bonds, notes and other evidences of indebtedness (hereinafter “bonds”) up to an amount not exceeding eighty-five million dollars ($85,000,000) from time to time under its corporate name and seal or a facsimile of such seal. The bonds of each issue may be issued in the form of serial bonds or term bonds or a combination thereof and shall be payable either by maturity of principal in the case of serial bonds or by sinking fund installments in the case of term bonds, in annual installments of principal, the first installment to be not later than five (5) years and the last installment not later than thirty (30) years after the date of the bonds. All such bonds of a particular issue may be issued in the form of zero coupon bonds, capital appreciation bonds, serial bonds or term bonds or a combination thereof. The amount of principal appreciation each year on any bonds, after the date of original issuance, shall not be considered to be principal indebtedness for the purposes of any constitutional or statutory debt limit or any other limitation. The appreciation of principal after the date of original issue shall be considered interest. Only the original principal amount shall be counted in determining the principal amount so issued and any interest component shall be disregarded.
SECTION 2. The town may be eligible for school housing aid reimbursement on debt service pursuant to chapter 7 of title 16, or for a grant, loan or other financial assistance from proceeds of bonds issued by the State of Rhode Island (the “State”), from the Rhode Island Department of Education (“RIDE”) or from the Rhode Island School Building Authority. The amount of borrowing authorized pursuant to this act shall be reduced by the amount of certain grants actually received by the town from State bond proceeds, from RIDE or from the Rhode Island School Building Authority.
SECTION 3. The bonds shall be signed by the manual or facsimile signatures of the town director of finance and the president of the town council and shall be issued and sold in such amounts as the town council may authorize by resolution. The manner of sale, denominations, maturities, interest rates and other terms, conditions and details of any bonds or notes issued under this act may be fixed by the resolutions of the town council authorizing the issue or by separate resolution of the town council or, to the extent provisions for these matters are not so made, they may be fixed by the officers authorized to sign the bonds or notes. Notwithstanding anything contained in this act to the contrary, the town may enter into financing agreements with the Rhode Island Health and Educational Building Corporation pursuant to chapter 7 of title 16 and chapter 38.1 of title 45 and, with respect to notes or bonds issued in connection with such financing agreements, if any, the town may elect to have the provisions of chapter 38.1 of title 45 apply to the issuance of the bonds or notes issued hereunder to the extent the provisions of chapter 38.1 of title 45 are inconsistent herewith. In addition, the town may enter into financing agreements with the Rhode Island Infrastructure Bank pursuant to the provisions of chapter 12.2 of title 46 and, with respect to notes or bonds issued in connection with such financing agreements, if any, the town may elect to have the provisions of chapter 12.2 of title 46 apply to the issuance of the bonds or notes issued hereunder to the extent the provisions of chapter 12.2 of title 46 are inconsistent herewith. Such election may be fixed by the proceedings of the town council authorizing such issuance of by separate resolution of the town council, or, to the extent provisions for these matters are not so made, they may be fixed by the officers authorized to sign the bonds or notes. The proceeds derived from the sale of the bonds shall be delivered to the town director of finance, and such proceeds exclusive of premiums and accrued interest shall be expended: (1) to finance the construction, renovation, improvement, alteration, repair, landscaping, furnishing and equipping of schools and school facilities throughout the town, and all attendant expenses including, but not limited to, engineering and architectural costs; (2) in payment of the principal of or interest on temporary notes issued under section 4; (3) in repayment of advances under section 5; (4) in payment of related costs of issuance of any bonds or notes; and/or (5) in payment of capitalized interest during construction of the project (the “project”). No purchaser of any bonds or notes under this act shall be in any way responsible for the proper application of the proceeds derived from the sale thereof. The project shall be carried out and all contracts made therefor on behalf of the town by the town council with due regard to any recommendation of the school building committee. The town council and the school building committee and their agents are authorized to enter, without delay and at reasonable times, any public school buildings and other public school property for the purpose of accomplishing the project and to do all acts and deeds necessary or convenient in connection with the project. The proceeds of bonds or notes issued under this act, any applicable federal or state assistance and the other monies referred to in sections 7 and 10 shall be deemed appropriated for the purposes of this act without further action than that required by this act. The bonds authorized by this act may be consolidated for the purpose of issuance and sale with any other bonds of the town heretofore or hereafter authorized, provided that, notwithstanding any such consolidation, the proceeds from the sale of the bonds authorized by this act shall be expended for the purposes set forth above.
SECTION 4. The town council may by resolution authorize the issuance from time to time of interest bearing or discounted notes in anticipation of the issuance of bonds or in anticipation of the receipt of federal or state aid for the purposes of this act. The amount of original notes issued in anticipation of bonds may not exceed the amount of bonds which may be issued under this act and the amount of original notes issued in anticipation of federal or state aid may not exceed the amount of available federal or state aid as estimated by the director of finance. Temporary notes issued hereunder shall be signed by the manual or facsimile signatures of the town director of finance and the president of the town council and shall be payable within five (5) years from their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issuance of other notes hereunder, provided the period from the date of an original note to the maturity of any note issued to renew or pay the same debt or interest thereon shall not exceed five (5) years. Any temporary notes in anticipation of bonds issued under this section may be refunded prior to the maturity of the notes by the issuance of additional temporary notes, provided that no such refunding shall result in any amount of such temporary notes outstanding at any one time in excess of two hundred percent (200%) of the amount of bonds which may be issued under this act, and provided further that if the issuance of any such refunding notes results in any amount of such temporary notes outstanding at any one time in excess of the amount of bonds which may be issued under this act, the proceeds of such refunding notes shall be deposited in trust in a separate fund established for the notes being refunded. Pending their use to pay the notes being refunded, moneys in the fund shall be invested for the benefit of the town by the paying agent at the direction of the town director of finance in any investment permitted under section 6. The moneys in the fund and any investments held as part of the fund shall be held in trust and shall be applied by the paying agent solely to the payment or prepayment of the principal of and interest on the notes being refunded. Upon payment of all principal of and interest on the notes, any excess moneys in the fund shall be distributed to the town. The town may pay the principal of and interest on notes in full from other than the issuance of refunding notes prior to the issuance of bonds pursuant to section 1 hereof. In such case, the town’s authority to issue bonds or notes in anticipation of bonds under this act shall continue provided that (1) the town council passes a resolution evidencing the town’s intent to pay off the notes without extinguishing the authority to issue bonds or notes and (2) that the period from the date of an original note to the maturity date of any other note shall not exceed five (5) years.
SECTION 5. Pending any authorization or issue of bonds hereunder or pending or in lieu of any authorization or issue of notes hereunder, the town director of finance, with the approval of the town council, may, to the extent that bonds or notes may be issued hereunder, apply funds in the treasury of the town to the purposes specified in section 3, such advances to be repaid without interest from the proceeds of bonds or notes subsequently issued or from the proceeds of applicable federal or state assistance or from other available funds.
SECTION 6. Any proceeds of bonds or notes issued hereunder or of any applicable federal or state assistance, pending their expenditure may be deposited or invested by the town director of finance in demand deposits, time deposits or savings deposits in banks which are members of the Federal Deposit Insurance Corporation or in obligations issued or guaranteed by the United States of America or by any agency or instrumentality thereof or as may be provided in any other applicable law of the state of Rhode Island or resolution of the town council or pursuant to an investment policy of the town.
SECTION 7. Any accrued interest received upon the sale of bonds or notes hereunder shall be applied to the payment of the first interest due thereon. Any premium arising from the sale of bonds or notes hereunder shall, in the discretion of the town director of finance, be applied to the cost of preparing, issuing and marketing bonds or notes hereunder to the extent not otherwise provided, to the payment of the project costs, to the payment of the principal of or interest on bonds or notes issued hereunder or to any one or more of the foregoing. The cost of preparing, issuing and marketing bonds or notes hereunder may also, in the discretion of the town director of finance, be met from bond or note proceeds exclusive of accrued interest or from other moneys available therefor. Any balance of bond or note proceeds remaining after payment of the cost of the projects and the cost of preparing, issuing and marketing bonds or notes hereunder, shall be applied to the payment of the principal of or interest on bonds or notes issued hereunder. To the extent permitted by applicable federal laws, any earnings or net profit realized from the deposit or investment of funds hereunder may, upon receipt, be added to and dealt with as part of the revenues of the town from property taxes. In exercising any discretion under this section, the town director of finance shall be governed by any instructions adopted by resolution of the town council.
SECTION 8. All bonds and notes issued under this act and the debts evidenced thereby shall be obligatory on the town in the same manner and to the same extent as other debts lawfully contracted by it and shall be excepted from the operation of section 45-12-2. No such obligation shall at any time be included in the debt of the town for the purpose of ascertaining its borrowing capacity. The town shall annually appropriate a sum sufficient to pay the principal and interest coming due within the year on bonds and notes issued hereunder to the extent that moneys therefor are not otherwise provided. If such sum is not appropriated, it shall nevertheless be added to the annual tax levy. In order to provide such sum in each year and notwithstanding any provision of law to the contrary, all taxable property in the town shall be subject to ad valorem taxation by the town without limitation as to rate or amount.
SECTION 9. Any bonds or notes issued under the provisions of this act, and coupons, if any, if properly executed by officers of the town in office on the date of execution, shall be valid and binding according to their terms notwithstanding that before the delivery thereof and payment therefor any or all of such officers shall for any reason have ceased to hold office.
SECTION 10. The town, acting by resolution of its town council, is authorized to apply for, contract for and expend any federal or state advances or other grants or assistance which may be available for the purposes of this act, and any such expenditures may be in addition to the moneys provided in this act. To the extent of any inconsistency between any law of this state and any applicable federal law or regulation, the latter shall prevail. Federal and state advances, with interest where applicable, whether contracted for prior to or after the effective date of this act, may be repaid as project costs under section 3.
SECTION 11. Bonds and notes may be issued under this act without obtaining the approval of any governmental agency or the taking of any proceedings or the happening of any conditions except as specifically required by this act for such issue. In carrying out any project financed in whole or in part under this act, including where applicable the condemnation of any land or interest in land, and in the levy and collection of assessments or other charges permitted by law on account of any such project, all action shall be taken which is necessary to meet constitutional requirements whether or not such action is otherwise required by statute, but the validity of bonds and notes issued hereunder shall in no way depend upon the validity or occurrence of such action.
SECTION 12. The town director of finance and the president of the town council, on behalf of the town, are hereby authorized to execute such instruments, documents or other papers as either of them deem necessary or desirable to carry out the intent of this act and are also authorized to take all actions and execute all instruments, documents or agreements necessary to comply with federal tax and securities laws, which instruments, documents or agreements may have a term coextensive with the maturity of the bonds authorized hereby, including Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) and to execute and deliver a continuing disclosure agreement or certificate in connection with the bonds or notes in the form as shall be deemed advisable by such officers in order to comply with the Rule.
SECTION 13. All or any portion of the authorized but unissued authority to issue bonds and notes under this act may be extinguished by ordinance of the town council after seven (7) years shall have passed from the approval of this act provided for in section 14, without further action by the general assembly.
SECTION 14. The question of the approval of this act shall be submitted to the electors of the town, at a local election, other than a primary, held on a date to be determined by resolution of the town council. The question shall be submitted in substantially the following form: “Shall an act passed at the 2021 session of the general assembly entitled ‘AN ACT AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO EXCEED $85,000,000 GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, REPAIR, LANDSCAPING, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL FACILITIES THROUGHOUT THE TOWN, and all attendant expenses including, but not limited to, engineering and architectural costs, PROVIDED THAT THE AUTHORIZATION SHALL BE REDUCED BY THE AMOUNT OF CERTAIN GRANTS RECEIVED FROM STATE BOND PROCEEDS, FROM THE RHODE ISLAND DEPARTMENT OF EDUCATION OR FROM THE RHODE ISLAND SCHOOL BUILDING AUTHORITY’ be approved?” and the warning for the election shall contain the question to be submitted. From the time the election is warned and until it is held, it shall be the duty of the town clerk to keep a copy of this act available at the clerk’s office for public inspection, but the validity of the election shall not be affected by this requirement. To the extent of any inconsistency between this act and the town charter, this act shall prevail.
SECTION 15. This section and section 14 shall take effect upon the passage of this act. The remainder of this act shall take effect upon the approval of this act by a majority of those voting on the question at the election prescribed by section 14.
F. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons, as follows:
Sec. 17-43. Applications for tax exemption to contain evidence of eligibility.
Applicants for the income based tax program shall submit the following information:
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(4) Proof of residency. Residency for the purpose of this article shall mean one (1) legally domiciled within the town for the last five (5) years. To be a legal resident, determine residency the Town may inquire if the applicant must be is registered to vote in the Town and the applicant’s has their motor vehicles must be registered in the Town. Additional documentation may be requested to verify an applicant’s primary home address such as utility bills or copies of an applicant’s Federal Tax return. Seasonal or temporary residence shall not be sufficient.
Sec. 17-44. Amount of exemption; filing of applications.
(a) If the applicant’s total gross household income does not exceed thirty-seven thirty-nine thousand ($37,000 $39,000) 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:
| 2020 | 2021 | 2021 |
| Current | Proposed | Tax |
| Income Brackets | Income Brackets | Credit |
|
| $0 - $13,650 | $2,100 |
|
| $13,651 - $15,750 | $2,000 |
|
| $15,751 - $18,400 | $1,900 |
|
| $18,401 - $20,500 | $1,800 |
|
| $20,501 - $24,700 | $1,700 |
|
| $24,701 - $27,500 | $1,600 |
|
| $27,501 - $31,500 | $1,500 |
|
| $31,501 - $33,600 | $1,300 |
|
| $33,601 - $34,700 | $1,200 |
|
| $34,701 - $35,700 | $950 |
|
| $35,701 - $36,800 | $700 |
|
| $36,801 - $39,000 | $450 |
12. CLOSED EXECUTIVE SESSION
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 9:27 PM pursuant to RIGL §42-46-5(a)(2) for discussion and possible vote on pending litigation, Anderson v. Wojciecowski, et al., WC-2013-0048.
Regular Session is reconvened at 9:54 PM, and it is noted that no votes were taken in Closed Executive Session.
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) for discussion and possible vote on pending litigation, Anderson v. Wojciecowski, et al., WC-2013-0048.
UNANIMOUSLY VOTED: to adjourn at 9:55 PM.
Susan M. Flynn, CMC
Town Clerk