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WORK SESSION
OCTOBER 25, 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 at the Town Hall, in and for said Town on the 25th day of October 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 Meghann Sparks relative to her interest in being appointed to the Affordable Housing Collaborative Committee.
The Town Council interviews Charlene Traynum relative to her interest in being reappointed to the Housing Authority.
The Town Council interviews Thomas Marcello relative to his interest in being reappointed to the Route 138 Reconstruction Project Area Committee.
The Town Council interviews William Rosen relative to his interest in being reappointed to the Route 138 Reconstruction Project Area Committee.
1. B. WORK SESSION
Theresa Murphy, Interim Town Manager reviews some possible changes to the calendar for the budget process so as to accommodate the Council members’ schedules. It is decided that Monday December 20, and Monday April 18, 2021 will work for all members.
Discussion ensues concerning License Item 6A, an application for a Tourist Accommodations License filed by Mooresfield Estate LLC d/b/a Historic Mooresfield, 782 Mooresfield Road, Wakefield, RI 02879 for 3 rooms, 6 persons.
Discussion ensues relative to Communication Items 7A, B and C all of which are related to the AFL-CIO mailer investigation.
Discussion ensues relative to Communication Item 7E from Councilwoman Bergner proposing the adoption of a land acknowledgement statement.
Discussion ensues relative to Communication Item 7G from Kate Johnson concerning the School Department’s Memorandum of Agreements in regard to the children of non-resident school staff members.
Discussion ensues relative to Communication Item 7L from Councilwoman Kelso regarding interviewing candidates for appointment as Alternate Members to the Board of Canvassers.
Discussion ensues relative to Communication Item 7M regarding the proposed development of Union Fire District’s Station 7 property for the construction of a new fire house and EMS garage on Matunuck School House Road.
Discussion ensues relative to Appointments Item 11B regarding appointments to the Town’s 300th Anniversary Celebration Steering Committee, as described in a memorandum from the Interim Town Manager to the Town Council dated October 21, 2021 and entitled “Steering Committee for Town 300th Anniversary.”
Discussion ensues relative to New Business Item 12C authorizing an award of bid to New England Building & Bridge, 388 Veazie Street, Providence, RI 02904 for the Matunuck Beach Road Protection Improvement– Phase 2 Project.
Discussion ensues relative to New Business Item 12D extending the Town’s Declaration of Emergency.
Discussion ensues relative to New Business Item 12E authorizing an award of bid to Max-R Corporation for the purchase of twenty-four recycling receptacles.
Discussion ensues relative to New Business Item 12G regarding discussion of and proposed amendments to the Town Council’s Rules of Conduct.
Discussion ensues relative to New Business Item 12H regarding consideration of a proposed ordinance establishing regulations on fowl.
Discussion ensues relative to New Business Item 12I relative to the closed State Police Incident Report #21RIX1-1360-OF questioning the outcome of the Town’s investigation of the AFL-CIO mailer and whether criminal charges should be filed.
Convened to Regular Session.
Susan E. Sprague
Deputy Town Clerk
REGULAR SESSION
OCTOBER 25, 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 at the Town Hall, in and for said Town on the 25th day of October 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.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on October 12, 2021 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on October 12, 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 Victualling and Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:
Eteman, LLC d/b/a Kingston Convenience Mart, 2360 Kingstown Road, Kingston, RI 02881. Application by Ozcan Eteman, Member. License No. 68656.
Store Four, LLC d/b/a Store Four, 673 Kingstown Road, Wakefield, RI 02879. Application by Jane Costanza, Member. License No. 72581.
(CA) 6C. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2021 to the following; Renewals:
Core Fitness of Wakefield, LLC d/b/a Planet Fitness, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Jennifer Littlefield, Licensing. License No. 72250.
Crops B&B, LLC d/b/a Crops Beauty & Barber, 99 Fortin Road Suite 129, Kingston, RI 02881. Application by Madelyn Selwyn, Member. License No. 62400.
Peter Pots Stoneware, Inc. d/b/a Peter Pots Stoneware, 494 Glen Rock Road, West Kingston, RI 02892. Application by Jeffrey Greene, President. License No. 59454.
Spirit Recognition, Inc. d/b/a University Spirit, 99 Fortin Road, Kingston, RI 02881. Application by Robert Marshall, President. License No. 60846.
(CA) 6D. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses for the year beginning December 1, 2021 to Highland Farm, Inc. d/b/a Highland Farm, 4235 Tower Hill Road, Wakefield, RI 02879. Application by Martha Bradley, President; Renewal. License No. 60890.
(CA) 6E. UNANIMOUSLY VOTED: to grant Holiday Sales and Miscellaneous Peddlers Licenses for the year beginning December 1, 2021 to Ocean State Novelty, 15 Brandywine Drive, Westerly, RI 02891. Application by Stuart Fishman, Owner; Renewal. License No. 71309.
(CA) 6F. UNANIMOUSLY VOTED: to grant a Farm Produce License for the year beginning December 1, 2021 to Edith Roberts d/b/a Evergreen Acres, Liberty Lane, West Kingston, RI 02892; Renewal. License No. 59580.
(CA) 6G. UNANIMOUSLY VOTED: to grant a Firearms/Ammunition License for the year beginning December 1, 2021 to IDGRI5, LLC d/b/a Peace Dale Shooting Preserve, 371 Rose Hill Road, Wakefield, RI 02879. Application by Sven Soderberg, Member; Renewal. License No. 66495.
(CA) 7D. UNANIMOUSLY VOTED: that an email dated October 11, 2021 from David and Rosemary Smith providing the South County Bike Path Update #47 is received and placed on file.
(CA) 7F. UNANIMOUSLY VOTED: that a letter dated October 12, 2021 from Rachael Garcia, URI Student Veteran Organization and URI Director of Veteran Affairs and Military Programs extending an invitation to attend URI’s Annual Veterans Armistice Day Ceremony on November 11, 2021 is received and placed on file.
(CA) 7H. UNANIMOUSLY VOTED: that an email dated October 15, 2021 from Nancy D. Colby concerning noise and odors from chickens and roosters at a property on Branch Street in Wakefield is received and placed on file.
(CA) 7I. UNANIMOUSLY VOTED: that an email dated October 17, 2021 from Dorald Beasley regarding the School Building Committee is received and placed on file.
(CA) 7K. UNANIMOUSLY VOTED: that an email dated October 18, 2021 from Michelle Flippin concerning the use of children’s images on School related websites is received and placed on file.
(CA) 7N. UNANIMOUSLY VOTED: that an email dated October 20, 2021 from Dorald Beasley concerning the Route 138 Reconstruction Project Area Committee is received and placed on file.
(CA) 7O. UNANIMOUSLY VOTED: that emails dated October 20, 2021 from Stephen Dahl concerning wireless radiation are received and placed on file.
(CA) 7P. 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) 12A. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for renewal of an Indoor Shooting Range License in accordance with the South Kingstown Town Code, Chapter 9 Licenses and Miscellaneous Business Regulation, Article VI Indoor Shooting Ranges, Sec. 9-158 Term of License, Renewal, Transfer. Application by IDGR15, LLC d/b/a Elite Indoor Gun Range, by Mark A. Fay, Member for property located at 371 Rose Hill Road, Wakefield, RI 02879 and designated as Assessor’s Plat 33, Lot 30, consisting of 121.57 acres.
(CA) 12B. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $1,604.35, as shown on Tax Abatement Request No. 594.
(CA) 12F. UNANIMOUSLY VOTED: that a claim filed by Vicki J. Bejma, Esquire on behalf of her client Maria Parrillo, relative to alleged violations of her rights with respect to her employment be referred to the Town Solicitor, the Town’s insurance carrier and the School Department.
(CA) 12J. 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. Jeffrey Greene is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Tourist Accommodations License to Mooresfield Estate LLC d/b/a Historic Mooresfield, 782 Mooresfield Road, Wakefield, RI 02879 for 3 rooms, 6 persons. Application by Jeffrey Greene, Owner; New. License No. 69709.
7. COMMUNICATIONS
A. Discussion ensues, and it is
UNANIMOUSLY VOTED: that communications dated August 19, October 7, and October 20, 2021 from former School Superintendent Linda Savastano in response to information added to the Town’s mailer investigation report at the Town Council meeting held on September 13, 2021; and providing information regarding a School Department Memorandum of Agreement (MOA) COVID extension that was discussed at the Town Council meeting held on October 12, 2021 are received and placed on file.
B. Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated October 8, 2021 from Greg Sweet regarding questions concerning the AFL-CIO mailer investigation report and State Police incident report is received and placed on file.
C. Discussion ensues, and it is
UNANIMOUSLY VOTED: that emails from Sean Cote, Lou Chrostowski and Nathan Barrington regarding discussion of the mailer investigation and state police incident report at the last Town Council meeting are received and placed on file.
E. Discussion ensues relative to an email dated October 12, 2021 from Councilwoman Deborah D. Bergner proposing adoption of a land acknowledgement statement, and it is
UNANIMOUSLY VOTED: to adopt the following land acknowledgement statement to be read at each Town Council meeting: “The Town of South Kingstown pays homage to the indigenous people and land on which the town is now located. Let this acknowledgement serve as a reminder of our ongoing efforts to recognize, honor, reconcile and partner with the Narragansett Tribe whose land and water we benefit from today.”
G. Discussion ensues regarding information still not received from the School Superintendent’s office and it is
UNANIMOUSLY VOTED: that an email dated October 13, 2021 from Kate Johnson concerning the School Department’s Memorandum of Agreements is received, placed on file and continued to the next meeting.
J. UNANIMOUSLY VOTED: that a letter dated October 18, 2021 from M. Andrew Scherer advising of his resignation from the Waterfront Advisory Commission is accepted, and the Town Council directs that a letter of thanks be sent.
L. Discussion ensues relative to the Town’s policy of interviewing candidates for appointment and reappointment, and it is
UNANIMOUSLY VOTED: that an email dated October 19, 2021 from Councilwoman Deborah J. Kelso concerning interviewing candidates for appointment as Alternate Members to the Board of Canvassers is received and placed on file.
M. Discussion ensues regarding the proposed expansion of the Union Fire District’s Station 7 on Matunuck School House Road to include space for the Town’s Emergency Medical Services.
Craig Stanley, Chief of EMS is present and reviews the need for expanded service in the south shore area, the limited options for a location in that area, and the review of the plans by the Planning Board.
Christian Mundy is present and speaks regarding the location and condition of Matunuck School House Road.
Further discussion ensues, and it is
UNANIMOUSLY VOTED: that emails from Karisti Mundy, Christian Mundy and Richard L. and Kristin E. Schwab concerning expansion of the Union Fire District’s Station 7 Matunuck Firehouse on Matunuck School House Road are received and placed on file.
8. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
David Cote is present and comments on the proposed EMS Building and quantitative data on response times and what a reasonable response time would be.
David Steiler is present and comments on transparency regarding the proposed expansion of the Union Fire District’s Station 7 Matunuck Firehouse on Matunuck School House Road and states that he was notified late in the game and wants to be involved and be able to give input.
Gary Chapman is present and comments on the importance of the location of the proposed EMS Building and asks that the Land Trust be contacted again and brought to the table for discussion.
Roberta Mulholland is present and comments regarding the proposed EMS building at the Matunuck Fire House, potential donation of abutting property owned by the Land Trust, the Town Council’s Rules of Conduct, and the consideration of an ordinance for establishing regulations on fowl.
Robert Trager is present and comments on voting and elections.
Martha Stamp is present and comments on the Public Comment section of the meeting held on September 27, 2021.
Jessica Mayhew is present and comments on the proposed regulation of fowl.
Margaret Hogan, Solicitor for the Union Fire District, comments regarding the expansion of the Union Fire District’s Station 7 in Matunuck and the proposed new location for the EMS Building, and states that all meetings regarding this project have been publicly noticed. Ms. Hogan expresses the UFD’s concern about going forward with the planning process if the Town is opposed to the project.
David Laudati is present and comments regarding the location, time to build and the possibility of obtaining land from the Land Trust for the proposed EMS Building.
9. TOWN MANAGER’S REPORT
Theresa Murphy, Interim Town Manager notes that discussions have been held with the Land Trust regarding the availability of land for an EMS Station, and communications will continue. Mrs. Murphy also reports on the complexities involved with new state legislation allowing Towns to offer tax credits for volunteer work by eligible senior citizens. The Town Manager’s Interim Report dated October 14, 2021, and the Miscellaneous Report dated October 21, 2021 are accepted, approved and placed on file.
10. TOWN SOLICITOR’S REPORT
A. Michael Ursillo, Town Solicitor states that he stands by the report regarding the AFL-CIO Mailer investigation and that he does not believe that criminal charges would be appropriate. He also states that after the September 27, 2021 meeting he spoke with the State Police and asked if they could find reason to bring criminal charges and was told that no criminal charges were substantiated. He wants the public to understand that charges can be brought even if the victim does not move forward with charges.
B. Mr. Ursillo reviews the Town Solicitor’s role with the Town Council. He states that it is the role of the Solicitor to follow the Town Charter and give the Council day to day advice on contracts, laws, and ethics concerns.
C. The Solicitor states that he will look into ordinances adopted for regulation of fowl by other Towns besides Narragansett. He is willing to compile a number of ordinances to find what is right for South Kingstown.
D. Mr. Ursillo updates the Council on the Search for a Town Manager and advises that the consultant would like to meet with them in a Work Session and then meet with Department Heads the next day to ask questions and get feedback. Discussion ensues regarding whether Wednesday November 3, 2021 or Thursday November 4, 2021 would work best for all members.
11. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint Charlene F. Traynum to the South Kingstown Housing Authority for a term to expire in October, 2026.
UNANIMOUSLY VOTED: to reappoint Thomas Marcello and William Rosen to the Route 138 Project Area Committee for a term to expire in May, 2023.
UNANIMOUSLY VOTED: to appoint Meghann Sparks to the Affordable Housing Collaborative Committee for a term to expire in August, 2024.
Discussion ensues regarding whether to seek additional nominations, and to conduct interviews of candidates nominated by the local Town Committees for appointment as Alternate Members, and it is
VOTED: to appoint Roland Benjamin, Republican and Margaret M. Healy, Democrat as Alternate Members to the Board of Canvassers for a term to expire in March 2027.
Council President Collins and Councilwoman Kelso voted against.
B. Discussion ensues relative to appointing members as described in a memorandum from the Interim Town Manager to the Town Council dated October 21, 2021 and entitled “Steering Committee for Town’s 300th Anniversary” including an application that was inadvertently omitted from the list, and it is
UNANIMOUSLY VOTED: to appoint Kenneth Burke, Samantha Cullen-Fry, John Desmond, Joanne Esposito, Roland Fiore, William Gates, Sean Johnson, Heather Kisilywicz, Timothy Klatt, Elizabeth Kroll, Erica Luke, Joseph Murphy, Joe Patrick, Meghan Perron, Sean Seigel, Brian Smith, Henry Thayer and Joseph Viele to the Steering Committee for the Town’s 300th Anniversary.
12. NEW BUSINESS
C. UNANIMOUSLY VOTED: to authorize an award of bid to New England Building & Bridge, 388 Veazie Street, Providence, RI 02904 for the Matunuck Beach Road Protection Improvement – Phase 2 Project in an amount not to exceed $2,927,910, including a $200,000 contingency; and as further detailed in a memorandum from the Public Services Director to the Interim Town Manager dated October 19, 2021 and entitled “Matunuck Beach Road Protection Improvement Project – Phase 2 – Bid Award.”
D. 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, January 25, 2021, February 22, 2021, March 22, 2021, April 26, 2021, May 24, 2021, June 28, 2021, July 26, 2021, August 10, 2021 and September 13, 2021, as shown 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. 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, and September 13, 2021.
Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 200 further supplemental emergency declarations (as of October 15, 2021) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On September 30, 2021, Governor McKee issued Executive Order 21-99 further extending the state of emergency to October 30, 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 October 12, 2021 to November 8, 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 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 be effective retroactive to October 12, 2021 and remain in full force and effect until November 8, 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 October 30, 2021, this Ordinance shall expire on that date.
E. UNANIMOUSLY VOTED: to authorize an award of bid to Max-R Corporation, W248 N5499, Executive Drive, Sussex, WI 53089 for the purchase of twenty-four recycling receptacles, in accordance with all bid specifications in an amount not to exceed $17,820; and as further described in a memorandum from the Interim Director of Parks and Recreation to the Interim Town Manager dated October 19, 2021 and entitled “Award of Bid – Recycling Receptacles.”
G. Discussion ensues relative to the Town Council’s Rules of Conduct, as shown below, particularly with regard to allowing public comment during the New Business section of the Agenda and the procedure for removing someone from a Town Council Meeting.
TOWN COUNCIL RULES OF CONDUCT
RULE 1. REGULAR MEETINGS
The Town Council shall hold regular meetings in the Town Hall, or other designated locations deemed appropriate by the Town Council, at 7:30 p.m. on the second and fourth Monday of each month, unless another date is designated in advance by the Town Council.
RULE 2. WORK SESSIONS
A. A work session is a meeting of the Town Council that may include other officials, bodies, agencies or groups. The primary purpose of a work session is to obtain information and exchange ideas rather than to take formal action. Consequently, work sessions are open to the public, but public participation is at the discretion of the Town Council.
B. The Town Council shall hold a work session preceding each regular meeting. The time of the work session will be determined based upon the amount of business that needs to be discussed. The work session shall begin no later than 7:00 p.m. Work sessions scheduled to commence earlier than 7:00 PM will be posted 48 hours prior to the meeting in accordance with the provision of Title 42, Chapter 46 of the RIGL (the Open Meeting Law) governing notice. In addition, the Town Council may hold work sessions and informational meetings from time to time upon agreement of a majority of its members. Unless an emergency exists, no official vote on any business may be taken at a work session or informational meeting. If such a vote is taken, the same motion shall be placed on the agenda of the next regular meeting for ratification.
RULE 3. SPECIAL MEETINGS
Special meetings or emergency meetings of the Town Council shall be called by the Town Clerk, or a duly authorized assistant, at the request of the Town Council President or at the request of three members of the Town Council. Notice of a special meeting or emergency meeting shall be personally served on each member as far in advance of the meeting as practicable.
RULE 4. CONDUCT OF SPECIAL MEETINGS
At all special meetings or emergency meetings, the first order of business shall be the special or emergency business for which the meeting was convened. Such business shall be exclusively considered until it is finally acted upon or until consideration is concluded and no other business shall be considered or acted upon. 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.”
RULE 5. OPEN MEETINGS
All meetings of the Town Council, including regular meetings, work sessions, informational meetings, special meetings and emergency meetings shall comply with the provisions of Title 42, Chapter 46 of the Rhode Island General Laws (the Open Meetings Law) governing notice, open meetings, closed sessions, and preparation and availability of minutes; provided, however, that if it is not possible to post notice of an emergency meeting 48 hours in advance, notice of such a meeting shall be posted immediately upon scheduling of the meeting and shall remain posted at least 48 hours following the meeting. Minutes shall be kept of all meetings of the Town Council. If the Town Clerk is absent from a meeting, the President shall appoint an acting town clerk to record minutes.
RULE 6. PRESIDING OFFICER
The President, or in the President’s absence, the Vice President shall preside at all meetings. In the event of the absence of both the President and Vice President, or in the event that both the President and Vice President are unable to discharge the duties of the President, the Town Council, with the senior member in point of service presiding, shall elect another member to perform the duties of the President during the absence or disability of both the President and Vice President.
RULE 7. CONDUCT OF MEETINGS
The President shall take the chair at the hour designated for the meeting of the Town Council, and shall promptly call the members to order. Three members of the Town Council shall constitute a quorum. The start of a meeting may be delayed for a reasonable period of time pending arrival of a third Council person needed to constitute a quorum. The President shall preserve decorum and order, and shall rule on all points of order, subject to an appeal to the Town Council or by any member. No other business shall be in order until such an appeal shall have been decided by a majority of the members present. The President may speak on points of order in preference to other members. The President may speak on general questions, but to do so, the President shall wait until other members have addressed the question at hand. When speaking on general questions, the President, if requested by a majority of Council members present, shall “take the floor” by the symbolic act of surrendering the gavel to the Vice President.
RULE 8. ROLL CALL VOTES
If the vote on any question before the Town Council is not unanimous, the President shall ask the Town Clerk to conduct a roll call vote, and the Town Clerk shall separately record the vote of each member.
RULE 9. SPEAKING BY MEMBERS
A member wishing to speak shall address the President. After being recognized to speak, a member shall not be interrupted except by a call to order, for the correction of a mistake, or to yield to another member. Each member shall confine his/her remarks to the question under debate. No member shall speak more than once on the same question until all other members wishing to speak on the question have done so. Meetings shall be conducted in an orderly manner.
RULE 10. SPEAKING BY THE PUBLIC
A. 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.
B. The President shall enforce order and decorum among members of the public in attendance at regular meetings. Any person addressing the Town Council shall, while speaking, be subject to the same rules and shall be entitled to the same privileges of order applicable to members of the Town Council, provided, however, that a member of the Town Council may ask the speaker a question or obtain information.
RULE 11. TIME OF ADJOURNMENT
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 p.m.; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.
RULE 12. AGENDA
The Agenda for regular meetings will be finalized on Wednesday before a Monday meeting, and made available for Council members and the general public on Thursday afternoon at 4:30 p.m. Any member of the Town Council may request a New Business item to be placed on the Agenda by Wednesday afternoon at 4:30 p.m. The Office of the Town Manager will work in conjunction with the Office of the Town Clerk in the preparation of the Agenda at the direction of the Town Council. New Agenda items can be added only during the Council meeting by majority agreement of the Council members present. All items on the Agenda shall be considered moved and seconded for purposes of discussion at all meetings of the Town Council. 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.”
RULE 13. CONSENT AGENDA
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.
RULE 14. RECUSAL
Pursuant to Rhode Island General Laws §36-14-6, when a member of the Town Council must refrain from participating in discussion and/or voting on a particular matter because of a conflict of interest, that member shall complete a “Recusal Form” which will be filed as part of the record of the meeting. Said form shall be kept on file in the Office of the Town Clerk, and a copy shall be forwarded to the Rhode Island Ethics Commission.
RULE 15. CLERK OF THE COUNCIL
Pursuant to Rhode Island General Laws §45-5-5, Clerk of council, the Town Clerk shall be the Clerk of the Town Council; but whenever the Town Clerk or Deputy Clerk shall not appear at the time and place appointed for the meeting of the Town Council, the Town Council may appoint a clerk pro tempore, who, after being duly engaged, shall do and perform all the duties enjoined by law on the Town Clerk as Clerk of the Town Council.
RULE 16. DEPUTY CLERK
Pursuant to Rhode Island General Laws §45-7-2, Deputy Clerk, the Deputy Clerk shall have all the powers and perform all the duties which are incumbent on the Town Clerk.
RULE 17. MATTERS NOT ADDRESSED
Any question of procedure not addressed by these Rules shall be governed by “Robert’s Rules of Order.”
H. Discussion ensues relative to establishing regulations on fowl. The Town Solicitor will provide a draft ordinance for the Council’s consideration at the next meeting.
I. Discussion ensues relative to the closed State Police Incident Report #21RIX1-1360-OF questioning the outcome of the Town’s investigation of the AFL-CIO mailer and whether criminal charges should be filed.
UNANIMOUSLY VOTED: to continue the meeting past 11:00 PM.
13. CLOSED EXECUTIVE SESSION
UNANIMOUSLY VOTED: to recess to Closed Executive Session at 11:02 PM pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: Leasca v. South Kingstown Town Council.
Regular Session is reconvened at 11:21 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 matters pertaining to litigation re: Leasca v. South Kingstown Town Council.
It is noted that no votes were taken during the Closed Executive Session.
UNANIMOUSLY VOTED: to adjourn at 11:22 PM.
Susan E. Sprague