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TOWN COUNCIL AGENDA

TOWN OF SOUTH KINGSTOWN

RHODE ISLAND

MONDAY, MARCH 27, 2023

CLOSED EXECUTIVE SESSION – 5:30 PM

WORK SESSION – 7:00 PM

REGULAR SESSION – 7:30 PM

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

TOWN COUNCIL

Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

James M. Manni, Town Manager

Michael A. Ursillo, Esquire, Town Solicitor

Susan M. Flynn, CMC, Town Clerk

Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station.

NOTE: Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.

DATE POSTED: 3/23/2023

1. CLOSED EXECUTIVE SESSION – 5:30 PM

A. A Closed Executive Session pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to personnel regarding interviews for the position of Municipal Court and Housing Court Judge.

2. A. INTERVIEWS – 7:00 PM

1. Kristine Bishop Chapman for reappointment to the Canvassing Authority.

2. Alyce Kleczek for appointment as alternate to Assessment Board of Review.

See Attachment A for Boards and Commissions Appointments Report.

B. WORK SESSION – immediately following

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

C. REGULAR SESSION – 7:30 PM

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

3. A. PLEDGE OF ALLEGIANCE TO THE FLAG

B. LAND ACKNOWLEDGEMENT STATEMENT

4. ROLL CALL

5. APPROVAL OF MINUTES OF PREVIOUS MEETINGS

A. Work Session – March 13, 2023

B. Regular Sessions – February 23 (2 sets, Regular and Joint Meeting), March 2 and March 13, 2023

C. Closed Executive Sessions – February 23 and March 13, 2023

6. CONSENT AGENDA

Rule 13: All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

7. LICENSES

A. A resolution granting a Class F 19-Hour Beverage License to Monsignor Clarke School, 5074 Tower Hill Road, Wakefield for the Taste & Sea event to be held on Saturday, September 16, 2023 from 6 PM to 10 PM outdoors on the school grounds, subject to administrative approvals. Application by Sara Marshall. License No. 79064.

B. A resolution granting a Miscellaneous Permit to conduct a portion of the Ragnar Relay New England in South Kingstown on Friday, May 19, 2023 at 12:30 PM to Ragnar Events, LLC subject to the execution of a hold harmless agreement indemnifying the Town and RI Department of Transportation approval. Application by Amber Sadlier and Julia Bullard; Renewal. License No. 78710.

C. A resolution granting a Miscellaneous Permit to conduct a portion of the annual MS Ride the Rhode on June 10 and June 11, 2023 from 7:00 AM. to 5:00 PM to the National MS Society subject to the execution of a hold harmless agreement indemnifying the Town and RI Department of Transportation approval. Application by Andrew Davis and Samantha Boland; Renewal. License No. 78577.

D. A resolution granting a Temporary Mass Gathering Permit to Sons of Liberty Spirits Co. to conduct an Indoor/Outdoor Event with live music and food trucks at 1425 Kingstown Road, Wakefield, RI 02789 on Saturday, May 27, 2023 from 1:00 PM to 8:00 PM. Application by Bryan Ricard, Event Manager; New. License No. TMG-23-1.

(CA) C. A resolution granting Victualling and Holiday Sales Licenses to RI Guys Donuts, 99 Fortin Road, Suite 122, Kingston, RI 02881. Application by Ryan Zeolla, Owner; Renewal. License 72237.

8. PUBLIC HEARING

A. A Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, as follows:

CHAPTER 17 TAXATION

Article III. Property Tax Exemptions for Elderly Persons

****

Sec. 17-44. Amount of exemption; filing of applications

****

(c) All applications will be filed with the tax assessor by ~~March~~ May 15 of each year for which the tax credit is claimed and shall be made in the form approved by the town council. All applications filed after the May 15 deadline, if approved, will receive a tax credit in the form of an abatement.

9. COMMUNICATIONS

A. An email dated March 15, 2023 from Jen Ferry, Executive Director and Kathleen Carland, Development Director providing additional information regarding the application by South County Art Association for Human Service and Outside Agency grant funding is received, placed on file, and the Town Council further directs ______________________.

B. A letter dated March 15, 2023 from executive staff of the Jonnycake Center for Hope requesting that the Town allocate $25,000 or more from the remaining American Rescue Plan Act (ARPA) funds for affordable housing initiatives to address emergency housing situations is received, placed on file, and the Town Council further directs _____________________.

C. An email dated March 17, 2023 from Mark Collins expressing appreciation for the APRA grant awarded to the Chris Collins Foundation and providing additional information to support their request for reconsideration of the full funding request is received, placed on file, and the Town Council further directs _____________.

D. A resolution adopted March 8, 2023 by the Burrillville Town Council concerning Environmental, Social and Governance Investing (ESG) strategies and the potential effect on the State pension system is received, placed on file, and the Town Council further directs __________________.

E. A resolution adopted February 14, 2023 by the Warren Town Council in support of the RI League of Cities and Towns 2023 legislative priorities is received, placed on file, and the Town Council further directs _____________.

F. A resolution adopted February 14, 2023 by the Warren Town Council in support of House Bill H5602 An Act Relating to Taxation – Levy and Assessment of Local Taxes that would authorize municipalities to offer tax amnesty periods in FY 2024 or FY 2025 for the waiver of interest and penalties on overdue tangible tax payments is received, placed on file, and the Town Council further directs ____________________.

G. A letter dated March 16, 2023 from Stephen J. Elmasian, Armenian National Committee of RI requesting that the Town fly the Armenian flag on April 24^th to commemorate Armenian Genocide Remembrance Day is received, placed on file, and the Town Council further directs ____________________.

H. A resolution adopted March 20, 2023 by the Hopkinton Town Council in support of House Bill H6119 An Act Relating to Human Services – Medical Assistance that would increase the Medicaid reimbursement rates for ambulance and wheelchair van services is received, placed on file, and the Town Council further directs ____________________.

Rule 18: Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested. Correspondence relating to personnel issues or personal matters shall not be placed on the agenda. The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear. Correspondence not placed on the agenda may be available for public review pursuant to the Access to Public Records Act.

10. TOWN MANAGER’S REPORT

A. Update on School Building Committee.

B. Update on South Road School property.

C. Reorganization of Agenda.

11. PUBLIC COMMENTS

Rule 10A. for the conduct of the meetings of the South Kingstown Town Council: Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President. The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.

12. APPOINTMENTS

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

B. A resolution, continued from March 13, 2023 appointing _____________________ to the School Committee to fill an interim term until the next election in November 2024.

C. A resolution appointing ______________________________________ as the Municipal Court and Housing Court Judge for the Town of South Kingstown.

13. NEW BUSINESS

A. A resolution authorizing an award of contract to Stryker Medical Corporation, PO Box 93308, Chicago, IL 60673-3308 for one Stryker Power-Pro XT MTS stretcher in an amount not to exceed $27,691; as further described in a memorandum from the Chief of Emergency Medical Services to the Town Manager dated March 21, 2023 and entitled “Award of Contract – Stryker Power-Pro XT MTS Stretcher.”

B. A resolution authorizing an award of contract to Curia Systems, Inc., 70 River Farm Drive, East Greenwich, RI 02818 for the purchase of Judicial Case Management Systems, associated online payment system, hardware, setup and training pursuant to the Town Code, Chapter 6 Finance, Article II. Purchasing, Section 6-26. Miscellaneous requirements, Subsection (a) Exclusive service in an amount not exceed $30,000 for a 3-year term; as further described in a memorandum from the Director of Administrative Services to the Town Manager dated March 22, 2023 and entitled “Section 6-26(a) Exclusive Purchase Recommendation, Judicial Court Management Systems with Associated Hardware and Software.”

C. A resolution memorializing the General Assembly to enact legislation authorizing the Town of South Kingstown to issue not to exceed $125,000,000 general obligation bonds and notes to finance the ‎acquisition, ‎construction, improvement, renovation, furnishing and ‎equipping of a new ‎high ‎school, athletic facility, and other school facilities in the town ‎ and all expenses incident thereto, ‎including but ‎not limited to costs of design, demolition, ‎athletic ‎fields, ‎landscaping and parking and all attendant expenses, including engineering, architectural and other project-related consulting 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 and notes to finance the ‎acquisition, ‎construction, improvement, renovation, ‎furnishing and ‎equipping of a new ‎high ‎school, athletic ‎facility, and other school facilities in the Town ‎ and all ‎expenses incident thereto, ‎including but ‎not limited to costs of ‎design, demolition, ‎athletic ‎fields, ‎landscaping and parking ‎and all attendant expenses, including engineering, ‎architectural and other project-related consulting costs (the "Projects");

WHEREAS, in order to undertake and complete the Projects, there would be a need to issue bonds and/or notes in an amount not to exceed $125,000,000.

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 and notes in an amount not to exceed One Hundred Twenty-Five Million Dollars ($125,000,000) 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.

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 [as Exhibit 1] 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.

RESOLVED: that this resolution is an affirmative action of the Town Council of the Town of South Kingstown toward the issuance of bonds and notes in accordance with the purposes of the laws of the State. This resolution constitutes the Town's declaration of official intent, pursuant to Treasury Regulation 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 $125,000,000 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.

RESOLVED: this Resolution shall take effect upon its passage.

Rule 11: No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.

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.”

Exhibit 1

2023 –

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. 2023

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A N A C T

AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO

EXCEED $125,000,000 GENERAL OBLIGATION BONDS AND NOTES TO FINaNCE THE ‎ACQUISITION, ‎CONSTRUCTION, IMPROVEMENT, RENOVATION, FURNISHING AND ‎EQUIPPING OF A NEW ‎HIGH ‎SCHOOL, ATHLETIC FACILITY, AND OTHER SCHOOL FACILITIES IN THE TOWN ‎ AND ALL EXPENSES INCIDENT THERETO, ‎INCLUDING BUT ‎NOT LIMITED TO COSTS OF DESIGN, DEMOLITION, ‎ATHLETIC ‎FIELDS, ‎LANDSCAPING AND PARKING AND ALL ATTENDANT EXPENSES, INCLUDING ENGINEERING, ARCHITECTURAL AND OTHER PROJECT-RELATED CONSULTING 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 (hereinafter “bonds”) up to an amount not exceeding one hundred twenty-five million dollars ($125,000,000) 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 ‎acquisition, ‎construction, improvement, renovation, furnishing and ‎‎equipping of a new ‎high ‎school, athletic facility, and other school facilities in the town and all ‎expenses incident thereto, ‎including but ‎not limited to costs of ‎design, demolition, ‎athletic ‎fields, ‎landscaping and parking, and all attendant expenses including, but not limited to, engineering, architectural and other project-related consulting 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, to be held on October 3, 2023 or on another date determined by resolution of the town council. The question shall be submitted in substantially the following form: “Shall an act passed at the 2023 session of the general assembly entitled ‘AN ACT AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO EXCEED $125,000,000 GENERAL OBLIGATION BONDS AND NOTES TO FINANCE ‎THE ‎ACQUISITION, ‎CONSTRUCTION, IMPROVEMENT, RENOVATION, ‎FURNISHING AND ‎EQUIPPING OF A NEW ‎HIGH ‎SCHOOL, ATHLETIC ‎FACILITY, AND OTHER SCHOOL FACILITIES IN THE TOWN ‎ AND ALL ‎EXPENSES INCIDENT THERETO, ‎INCLUDING BUT ‎NOT LIMITED TO COSTS OF ‎DESIGN, DEMOLITION, ‎ATHLETIC ‎FIELDS, ‎LANDSCAPING AND PARKING ‎AND ALL ATTENDANT EXPENSES, INCLUDING ENGINEERING, ‎ARCHITECTURAL AND OTHER PROJECT-RELATED CONSULTING 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.

EXPLANATION

AN ACT

AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO

This act authorizes the town of South Kingstown to issue not more than $125,000,000 bonds and notes to finance the ‎acquisition, ‎construction, improvement, renovation, furnishing and ‎‎equipping of a new ‎high ‎school, athletic facility, and other school facilities in the town and all ‎expenses incident thereto, ‎including but ‎not limited to costs of ‎design, demolition, ‎athletic ‎fields, ‎landscaping and parking ‎and all attendant expenses, including engineering, ‎architectural and other project-related consulting 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.

Sections 14 and 15 of this act shall take effect upon passage. The remainder of the act would take effect upon approval by the electors of the town of the question provided for in section 14. 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.

A N A C T

AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO

-----------------------------------------------------------------Presented by

Attachment A

Boards and Commissions Appointments Report

The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.

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

Vacancy: term expires August 2025 (Christian Blaney resigned)

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

Vacancy: Alternate member term expires January 2024 (Bradford Hevenor appointed to full member to fill the term of William Salerno)

Applicant: Alyce C. Kleczek (applied 3/13/2023; to be interviewed 3/27/2023)

Canvassing Authority (3 members, 2 alternates; 6 year term)

Reappointment for a term to expire in March 2023: Kristine Bishop Chapman wishes to be reappointed (to be interviewed 3/27/2023). It is reported that Ms. Chapman has attended all meetings and elections held during the current term.

Conservation Commission (7 members; 3 year term)

Vacancy: term expires September 2025 (Christopher O’Connor did not wish to be reappointed)

Applicant: Melissa M. Hughes (applied 3/20/2023)

Economic Development Committee (11 members, 3 year term)

Vacancy: term expires in March 2026 (Joanne Esposito resigned)

Reappointment for term to expire March 2023: Awaiting response from Thomas John Routliffe.

Historic District Commission (7 members; 3 year term)

Vacancy: term expires December 2025 (Shantia Anderheggen did not wish to be reappointed)

Planning Board (7 members; 3 year term)

Applicants: William Eden (applied 5/23/2022; interviewed 6/13/2022); and Ellen Noordzy (applied 6/7/2022; interviewed 6/13/2022).

Route 1 Stewardship Plan Development Committee (7 members)

Vacancy: Route 1 business owner (Steve Wood resigned)

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

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

Applicant: Joseph Nuzzolillo (applied 9/28/2022; interviewed 10/24/2022 and appointed to WAC)

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

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

School Committee (7 members; 4 year term)

Vacancy: term expires November 2024 (Christie Fish resigned)

Applicants interviewed 3/13/2023: Bradley Michael Shear (applied 3/2/2023); Joseph Paul Martin (applied 3/2/2023); Alex M. Petrucci (applied 3/3/2023); Andrew C. Holt (applied 3/10/2023); and Jeffrey Crawford (applied 3/10/2023)

Note: Mr. Martin withdrew his application on 3/20/2023.

Statistical Modeling and Analytics Research Tools (SMART) Committee

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

Sustainability Committee (7 members)

Vacancy: (Chris Hubbard resigned)

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

Vacancy: term expires June 2027 (Carol Vetter resigned due to appointment to the School Committee)

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

Vacancies: Alternate #2 for a term expiring March 2026; Alternate #3 for a term expiring March 2024.

Reappointments for terms to expire March 2023: Robert Cagnetta and Susan Walsh wish to be reappointed (to be interviewed 4/10/2023). It is reported that Mr. Cagnetta has attended 41 of 43 meetings and Ms. Walsh has attended 18 of 19 meetings held since their respective appointments.

Applicants: Geoff Elia (applied 11/4/2022; to be interviewed at a future meeting); Joshua W. Gilman (applied 2/2/2023; interviewed 2/13/2023 and appointed to EDC)