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WORK SESSION
FEBRUARY 22, 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 22nd day of February 2021 at 6:30 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. A. WORK SESSION
Discussion ensues relative to draft amendments to the Town Council’s Goals and Objectives. The acronyms have changed with the main topics listing of the revised categories reflecting the fourteen priority areas.
Section I. Taxes, Budget and Fiscal Management: Council President Collins requests that the following language be added to Goals, paragraph two relating to property tax increases: “and to address needs as identified by the Town Council.”
Section II. Education and Training: discussion ensues relative to establishment of a mentorship program with URI and local schools. That will be added to the University section.
Section III. Facilities and Infrastructure: discussion ensues relative to the Matunuck Beach Road sheet pile wall project. Kevin Finnegan, owner of the Ocean Mist has presented the Town with a financial contribution amount. Councilwoman Rose requests to add the provision of trash receptacles at points of public access. Discussion ensues relative to producing a Town-wide facilities assessment report. Discussion ensues relative to conducting a community-wide survey by 2023 for park and recreation programs and facilities.
Section IV. Land Use: discussion ensues regarding the Comprehensive Community Plan update nearing production.
Section V. Housing: discussion ensues relative to the State’s target that 10% of housing be deed restricted as low- or moderate-income housing. The Town will update the Affordable Housing Plan to include a goal to update existing housing.
Section VI. Sustainability and Natural Resources: no additional changes are proposed.
Council President Collins requests that meeting at least annually with the South Kingstown Housing Authority be added under Housing Section V.
Section VII. Cultural Priorities: no additional changes are proposed.
Section VIII. Economic Structure: add an objective relative to planning and development around URI.
Councilwoman Bergner expresses concern regarding sprawl in the Route 108 Special Management District, under Land Use. The Director of Planning has Comprehensive Plan language that can be added here to address the Planning Board’s review of that area of concern.
IX. Transportation and Traffic Safety: no additional changes are proposed.
X. Supporting Vulnerable and Underserved Residents: no additional changes are proposed at this time.
1. B. INTERVIEWS
The Town Council interviews Brad Hevenor relative to his interest in being reappointed to the Assessment Board of Review. Discussion ensues relative to his interest in possibly serving on the Zoning Board of Review.
The Town Council interviews David Baud relative to his interest in being reappointed to the Assessment Board of Review.
1. C. WORK SESSION (continued)
Discussion ensues relative to Public Hearing 7A on this evening’s Agenda concerning proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons. It is noted that the tax credits in the table are from the prior year and will be amended during the hearing. The recommendation proposed by the Town Assessor is to change the income brackets.
Discussion ensues relative to Public Hearing 7B concerning a proposed amendment to the Town Code, Chapter 10 Motor Vehicles and Traffic, Sec. 10-52. Prohibited at any time that would add parking along the southern end of Green Hill Beach Road.
Discussion ensues relative to New Business Item 15A declaring February 22, 2021 as GEORGE WASHINGTON DAY in the Town of South Kingstown in commemoration of the first President’s birthday.
Discussion ensues relative to New Business Item 15C authorizing the Town Manager to execute an agreement with Narragansett Electric Company granting an Electrical Easement at 1790 Kingstown Road.
Discussion resumes concerning the Elderly Tax Abatement Program. The percentage of increase is designed to gradually catch up with inflationary costs.
Discussion ensues relative to the Closed Executive Session on this evening’s Agenda to discuss and potentially vote on pending litigation, Anderson v. Wojciecowski, et al., WC-2013-0048.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
FEBRUARY 22, 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 22nd day of February 2021 at
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. D. 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. PRESENTATION OF 2020 REGIONAL EPA WASTEWATER TREATMENT PLANT OPERATION AND MAINTENANCE EXCELLENCE AWARD
Justin Pimpare, EPA Regional Pretreatment Coordinator presents the US Environmental Protection Agency’s 2020 Regional Wastewater Treatment Plant Operation and Maintenance Excellence Award to the Town.
5. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on January 20, February 1 and February 8, 2021 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on February 8, 2021 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on February 8, 2021 are accepted.
6. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 7B. UNANIMOUSLY VOTED: to grant a Holiday Sales License to TPS Group Holdings, LLC d/b/a The Paper Store, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Tara Murphy, Accountant; Renewal. License No. 69591.
(CA) 10B. UNANIMOUSLY VOTED: that an email dated February 5, 2021 from Jenifer Madison, Office Manager providing copies of the Kingston Fire District’s 1st and 2nd Quarterly Fiscal Reports for FY2020-2021 is received and placed on file.
(CA) 10C. UNANIMOUSLY VOTED: that emails dated February 5 and February 9, 2021 from Jennifer Krueger concerning the equity challenges in updating the Town’s affordable housing plan are received and placed on file.
(CA) 10D. UNANIMOUSLY VOTED: that an email dated February 5, 2021 from Jon Rubin, Director of Education Services, Rhode Island PBS announcing the Sesame Street in Communities series of free virtual workshops that will run through April 22nd is received and placed on file.
(CA) 10E. UNANIMOUSLY VOTED: that emails dated February 7 and February 8, 2021 from Mwangi Gitahi and Carrie Brown concerning the need for snow removal on sidewalks around Broad Rock and Curtis Corner Middle Schools and from the CCMS track are received, placed on file and referred to the Director of Public Services and the Director of Leisure Services.
(CA) 10G. UNANIMOUSLY VOTED: that emails from the following concerning the COVID vaccination distribution, and the Town Manager’s response are received and placed on file: Bonnie England, Elda M. Dawber and Mariellen C. Langworthy, Mathilda Hills, and Rita Good.
(CA) 10H. UNANIMOUSLY VOTED: that an email dated February 15, 2021 from David and Rosemary Smith providing the South County Bike Path Update #43 is received and placed on file.
(CA) 10I. UNANIMOUSLY VOTED: that email dated February 15, 2021 from Patricia Hawksley concerning the proposed condo development near Holden Road in Matunuck is received, placed on file, and referred to the Planning Board.
(CA) 10J. UNANIMOUSLY VOTED: that a resolution adopted February 8, 2021 by the Central Falls City Council requesting the Governor and General Assembly to allocate stimulus money to afterschool and summer programs is received and placed on file.
(CA) 10M. 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) 15B. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $5,748.21, as shown on Tax Abatement Request No. 581.
(CA) 15K. UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --… “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
7. LICENSES
A. Paula Quigley is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Holiday Sales License to Low Tide Jewelry Co., 1070 Kingstown Road, Building 9, Unit 202, Wakefield, RI 02879. Application by Paula Quigley, Owner; New. License No. 69699.
8. PUBLIC HEARINGS
A. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons, as follows:
Chapter 17 Taxation
Article III. Property Tax Exemptions for Elderly Persons
Sec. 17-43. Applications for tax exemption to contain evidence of eligibility.
Applicants for the income based tax program shall submit the following information:
*****
(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:
Jean Paul Bouchard, Town Assessor gives a presentation. The income tax brackets are proposed to be increased by 5%, and changes are proposed to the requirements for proof of residency. The 2021 Tax Credit column in the table shown must be corrected to reflect the current amounts.
Greg Sweet is present and suggests bumping up the rates faster.
Discussion ensues regarding the number of participants in the program. There were 134 applicants in 2020. The number has been trending down over the last 5 years.
Discussion ensues relative to changing or merging the first and second income brackets at a tax credit of $2,200. Discussion ensues regarding the number of participants in each income bracket. The objective is to increase the program incrementally over the next few years. The cost of the program in 2020 was $206,235 for 134 participants. We cannot predict the future number of participants or total cost of the program.
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions for Elderly Persons, as amended, as follows:
Chapter 17 Taxation
Article III. Property Tax Exemptions for Elderly Persons
Sec. 17-43. Applications for tax exemption to contain evidence of eligibility.
Applicants for the income based tax program shall submit the following information:
*****
(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 determine residency the Town may inquire if the applicant is registered to vote in the Town and has their motor vehicles 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-nine thousand ($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:
B. Notice having been duly given, a Public Hearing is held to consider proposed amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows:
Chapter 10 Motor Vehicles and Traffic
Article II. Stopping, Standing and Parking
Sec. 10-52. Prohibited at any time.
No person shall stop, stand or park a vehicle on any of the following streets or portions of streets at any time, except to avoid conflict with other traffic:
* * *
Green Hill Beach Road.
(1) The easterly and westerly sides from the town's right-of-way in a northerly direction to the intersection of Matunuck School House Road, a distance of 1.1 miles except as provided in subsection (2) of this amendment.
(2) Parking is allowed on the westerly side between 8:00 a.m. and 8:00 p.m. from NEC Pole No. 2335 the intersection of Green Hill Ocean Drive and Green Hill Beach Road in a northerly direction for a distance of one hundred seventy-five (175) two hundred twenty-five (225) feet ending at a point adjacent to the northern boundary of Lot No. 89. Parallel parking is authorized except in front of the twenty-five-foot driveway entrance to Lot No. 87, also known as Surfside Parking Lot. Towing authorized at discretion of police department.
* * *
This Ordinance shall take effect upon passage.
Joel Ewing-Chow, Chief of Police reviews the proposed changes. The parking demand is seasonal, the Police Department has received complaints relative to parking and trespassing on private property. Some complaints concern trespassing on beachfront private property, raising the issue of public access and determination of the mean high tide line.
Communications received from the following are referenced and placed on file: David H. Moore; James and Donna Murphy; Carmen and Bob O’Neill; John Bacon; Michael and Margaret Francoeur; John and Lori Bacon; Lois Gondek; Dan Tanona, Community Liaison for the Green Hill Civic Association; and John Powers.
Discussion ensues relative to the feasibility of developing additional parking on a Town-owned lot. Jon Schock, Director of Public Services notes that the lot is encumbered by wetlands and development would need Coastal Resources Management Council (CRMC) approval. Discussion ensues relative to the number of cars that could be parked in 50 feet.
Nate Merrill is present and speaks in favor of the amendments.
Carmen O’Neill is present and comments on issues with parking, trespassing, people’s bad behavior and speeding traffic.
John Bacon is present and comments that the current parking is not working, food trucks parked at the end of the road are a safety hazard, public decency and street garbage are issues, the Town could increase parking fines and tow vehicles that are illegally parked.
Councilwoman Rose inquires regarding a public beach versus a private beach. The Town Solicitor advises that the Town owns a public right of way to the beach, the beach is public to all residents. Public beaches are very defined, they are owned by the state or towns. Discussion ensues relative to civil trespass.
David Moore is present and comments that adding parking will make the situation worse.
Michael Francoeur is present and notes that the previous speakers are all road front property owners. There is no issue with residents having public access to the beach. Expansion of parking will worsen the impact.
Conrad Ferla is present and speaks in support of increasing parking.
The Town Manager notes that notice of this Public Hearing was sent to abutting property owners in addition to advertising in the Town’s newspaper of record.
Tom Tiernan, President of Green Hill Beach Club is present and expresses concerns with public safety. The Town’s 50-foot right of way has become a 200-foot public beach. There are many summer rentals in the area, people aren’t aware of the dangers of that stretch of beach, the club rescues swimmers every year. Food trucks park on both sides of the right of way on Town property.
Jon Reiner is present and speaks in support of public access along the shoreline.
Greg Sweet inquires where the lot owned by the South Kingstown Land Trust is located, and whether that could be made into parking.
Margaret Francoeur is present and comments that access to the beach is not being restricted, and asks if a right of way has a certain number of parking spaces required.
James Murphy is present and comments that the road is sandy and dangerous, it narrows where parking is proposed.
Brian Wagner, Senior Planner is present and notes that improvement to parking is in keeping with the goals of the Town’s Harbor Management Plan.
Councilwoman Rose suggests posting signs for dangerous surf, no lifeguards, and adding trash receptacles.
Discussion ensues relative to the road being paved where the additional parking is proposed, and the number of cars that could be accommodated. Discussion ensues relative to there being many areas of town with parking issues, making enforcement difficult. Discussion ensues relative to parking in other neighborhoods where there are public rights of way.
UNANIMOUSLY VOTED: to close the Public Hearing.
A motion to approve the proposed amendments is made by Council Vice President McEntee, seconded by Councilwoman Rose. A motion is made by Councilwoman Bergner to amend the effective date of the ordinance to July 30, 2021, but there is no second. A roll call vote is taken and it is
UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows:
Chapter 10 Motor Vehicles and Traffic
Article II. Stopping, Standing and Parking
Sec. 10-52. Prohibited at any time.
No person shall stop, stand or park a vehicle on any of the following streets or portions of streets at any time, except to avoid conflict with other traffic:
* * *
Green Hill Beach Road.
(1) The easterly and westerly sides from the town's right-of-way in a northerly direction to the intersection of Matunuck School House Road, a distance of 1.1 miles except as provided in subsection (2) of this amendment.
(2) Parking is allowed on the westerly side between 8:00 a.m. and 8:00 p.m. from the intersection of Green Hill Ocean Drive and Green Hill Beach Road in a northerly direction for a distance of two hundred twenty-five (225) feet ending at a point adjacent to the northern boundary of Lot No. 89. Parallel parking is authorized except in front of the twenty-five-foot driveway entrance to Lot No. 87, also known as Surfside Parking Lot.
Towing authorized at discretion of police department.
* * *
This Ordinance shall take effect upon passage.
9. REVIEW AND DISCUSSION OF TOWN SNOW REMOVAL ORDINANCE AND SIDEWALK SNOW REMOVAL POLICY
The Town Manager reviews various municipal policies that are employed with regard to sidewalk snow removal. Rochester, New York removes all snow over 4” deep. Burlington, Vermont clears sidewalks 2 days or more after a storm. Minneapolis and St. Paul, Minnesota have a hybrid policy that requires owners to remove snow from sidewalks or they can be fined for non-compliance.
Discussion ensues relative to reviewing the Town policy, clearing access to schools and manpower challenges.
Councilwoman Rose expresses thanks for the recent snow clearing in priority school zones.
Councilwoman Bergner comments that there is a lot of misunderstanding by the public, still confusion about the Town’s snow removal policy.
The Town Manager notes that ordinances can’t resolve all issues. Determine what’s reasonable. There is potential for outsourcing sidewalk clearing, but the cost may be prohibitive.
10. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that a letter dated February 4, 202[1] from Laura Lee Costello, Executive Director, requesting an opportunity for the Housing Authority to meet with the Town Council in a work session is received, placed on file, and referred to the Town Manager to schedule prior to a Regular Session.
F. UNANIMOUSLY VOTED: that resolutions adopted February 8, 2021 by the Charlestown Town Council in support of House Bills 5113 and 5280, and Senate Bill 0106 relating to beverage container deposit and recycling are received and placed on file.
K. UNANIMOUSLY VOTED: that resolutions adopted February 8, 2021 by the Central Falls City Council in support of the Civics Literacy Act (House Bill H 5028), and in support of legislation to reclassify misdemeanors for the protection of immigrant families (Senate Bill S 118) are received and placed on file.
L. UNANIMOUSLY VOTED: that an email dated January 30, 2021 from Patricia Gardner tendering her resignation from the Economic Development Committee is accepted, and the Town Council directs that a letter of thanks be sent.
11. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
Greg Sweet comments on the sidewalk snow removal ordinance.
Kateri Collins speaks in support of the sidewalk snow removal ordinance.
Dorald Beasley comments that sidewalk snow removal should be the Town’s responsibility.
VOTED: to continue the meeting past 11 PM.
Councilwoman Bergner voted against.
12. TOWN MANAGER’S REPORT
The Town Manager discusses the Town’s efforts in regard to the COVID vaccination program, and the timeline for state review of the Stage II application to RIDE for funding for school facilities improvements. The Town Manager’s Interim Report dated February 11, 2021, and the Miscellaneous Report dated February 18, 2021 are accepted, approved and placed on file.
13. TOWN SOLICITOR’S REPORT
The Town Solicitor advises that under RI General Law §17-8-1, the Town cannot increase the number of full members on the Board of Canvassers.
14. APPOINTMENTS
A. Discussion ensues relative to waiting to determine if Brad Hevenor would be willing to serve on the Zoning Board of Review.
UNANIMOUSLY VOTED: to reappoint David Baud to the Assessment Board of Review for a term to expire in January 2024.
15. NEW BUSINESS
A. UNANIMOUSLY VOTED: to declare February 22, 2021 as GEORGE WASHINGTON DAY in the Town of South Kingstown in commemoration of the first President’s birthday. The Town Council hereby reaffirms its admiration for George Washington’s leadership and tenacity in the pursuit of independence for the British Colonies in North America. The Town Council restates and affirms that the Town of South Kingstown is dedicated to the preservation, celebration and reconciliation of our colonial heritage. We acknowledge Washington’s success in the struggle for liberty and mark that success as one of many that have kept our nation moving toward the truest meaning of its creed: all human beings are created equal.
C. UNANIMOUSLY VOTED: to authorize the Town Manager to execute an agreement with Narragansett Electric Company granting an Electrical Easement at 1790 Kingstown Road, South Kingstown, RI; as further described in a memorandum from the Fire Alarm Superintendent to the Town Manager dated February 18, 2021 and entitled “Grant of Easement to Narragansett Electric Company – ATT Tower.”
D. UNANIMOUSLY VOTED: to authorize an award of bid to Howard Johnson, Inc., 1978 Kingstown Road, Wakefield, RI 02879 for the purchase of one John Deere JD5100E utility tractor with loader in accordance with all bid specifications in an amount not to exceed $60,500, including a trade allowance of $6,000; and as further described in a memorandum from the Park Superintendent to the Town Manager dated February 18, 2021 and entitled “Bid Recommendation – Replacement Utility Tractor.”
E. UNANIMOUSLY VOTED: to authorize the Town Manager to execute a 1st lease amendment between the Town of South Kingstown and Cellco Partnership d/b/a Verizon Wireless, a Delaware general partnership with a principal place of business at One Verizon Way, Mail Stop 4AW100, Basking Ridge, NJ 07920 for the Town’s Public Services Department Victoria Lane water tank, in accordance with terms of lease agreements as approved by the Assistant Town Solicitor; and as further detailed in a memorandum from the Public Services Director to the Town Manager dated February 11, 2021 and entitled “Verizon Cellular Antenna Lease Amendment for Victoria Lane Tank.”
F. UNANIMOUSLY VOTED: to authorize an award of bid to Liberty Chevrolet, 90 Bay State Road, Wakefield, MA 01880 for the purchase of one 2021 Chevrolet Silverado 3500 pickup truck in accordance with all bid specifications in an amount not to exceed $39,689, including a trade allowance of $8,500; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated February 12, 2021 and entitled “Award of Bid – One Ton Pickup Truck.”
G. UNANIMOUSLY VOTED: to authorize an award of contract to Zoll Medical Corporation, 269 Mill Road, Chelmsford, MA 01824 for medical supplies in accordance with pricing per the Massachusetts cooperative purchasing agreement COMM BUYS FIR04 through December 31, 2021; and as further described in a memorandum dated February 18, 2021 from the Director of EMS to the Town Manager entitled “Bid Recommendation – Zoll Medical Supplies.”
H. UNANIMOUSLY VOTED: to authorize the Town Manager to execute a Memorandum of Agreement with the South Kingstown Municipal Employees Association, a local of NEARI relative to election related overtime earned by Town Clerk’s Office Staff; as described in a memorandum from the Town Manager to the Town Council dated February 17, 2021 and entitled “SKMEA MOA relative to Town Clerk’s Office Staff Overtime.”
I. UNANIMOUSLY VOTED: to extend 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 and January 25, 2021 as follows:
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. 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, and January 25, 2021.
Since the Council’s declaration of emergency, Governor Raimondo has issued 123 further supplemental emergency declarations (as of February 17, 2021) relating to the COVID-19 pandemic, and circumstances have continued to be dire both locally, statewide, and nationwide. On February 16, 2021, Governor Raimondo issued Executive Order 21-14 further extending the state of emergency to March 17, 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 February 22, 2021 to March 22, 2021. 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 Town Manager to take any and all actions deemed necessary to address the ongoing emergency. The 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 take effect immediately and remain in full force and effect until March 22, 2021 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 March 17, 2021, this Ordinance shall expire on that date.
J. UNANIMOUSLY VOTED: to adopt Executive Order 2020-09 (Tenth Amendment) relative to gathering limitations and travel restrictions, as follows:
Emergency Management Director
Executive Order 2020-09 (Tenth Amendment)
WHEREAS, on March 9, 2020, the State of Rhode Island Governor Gina M. Raimondo issued Executive Order 20-02 declaring a state of emergency due to the outbreak of COVID-19; and the Town Council of the Town of South Kingstown declared a state of emergency through an emergency ordinance enacted on March 15, 2020, and extended through March 22, 2021 to deal with the COVID-19 pandemic; and
WHEREAS, social distancing is the most effective and important tool available to combat the spread of the pandemic;
NOW THEREFORE, the following emergency measures are hereby enacted:
- Gathering limitations must be pursuant to and in accordance with any current or future executive order(s) issued by the Governor of the State of Rhode Island (“the Governor”). At the time of this Executive Order issuance, such limitations are as detailed in the Governor’s Executive Order 21-11, and as amended by Executive Order 21-13.
- Resident, Non-Resident, and Seasonal Resident travel, travel restrictions and self-quarantine requirements must be pursuant to and in accordance with any current or future executive order(s) issued by the Governor. At the time of this Executive Order issuance, such restrictions and requirements are as detailed in the Governor’s Executive Order 21-11, and as amended by Executive Order 21-13.
- All Short-Term Lodging owners and operators shall inform their guests when making reservations and upon guest arrival of the aforementioned travel restrictions and self-quarantine requirements, and that if self-quarantine requirements are applicable, guests must remain on the Short-Term Lodging property for the duration of their stay, or for the duration of their required self-quarantine timeframe, whichever timeframe is shorter. All owners and operators of Short-Term Lodging facilities must arrange delivery service for their self-quarantined guests during the effective period, so that guests are not required to leave the Short-Term Lodging for food or other essentials. For purposes of this emergency ordinance, “Short-Term Lodging” is lodging of thirty (30) days or fewer, including, but not limited to, lodging in hotels, inns, and motels, and owners and operations taking reservations through online rental platforms such as Airbnb.
- Any violation of any provision of this executive order is punishable by a fine not exceeding five hundred dollars ($500), with every day a violation continues considered a separate violation.
The South Kingstown Police Department is authorized to enforce these regulations in accordance with state directives and the Emergency Management statute.
To the extent that any provision in this order is inconsistent with any executive order issued by the Governor of the State of Rhode Island for dealing with COVID-19, the executive order of the Governor shall supersede this order and govern in its stead.
This executive order 2020-09 shall remain in effect until March 22, 2021 or the expiration of the State declaration of emergency, whichever is sooner. This executive order 2020-09 may be further extended if necessary by a subsequent executive order.
16. CLOSED EXECUTIVE SESSION
A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 11:28 PM pursuant to RIGL §42-46-5(a)(2) to discuss and potentially vote on pending litigation, Anderson v. Wojciecowski, et al., WC-2013-0048.
Regular Session is reconvened at 11:45 PM, and it is
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) to discuss and potentially vote on pending litigation, Anderson v. Wojciecowski, et al., WC-2013-0048.
It is noted that a vote was taken in the Closed Executive Session.
UNANIMOUSLY VOTED: to adjourn at 11:46 PM.
Susan M. Flynn, CMC
Town Clerk