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REGULAR SESSION

MARCH 27, 2023

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 27^th day of March 2023 at 5:36 PM.

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

1. CLOSED EXECUTIVE SESSION

A. UNANIMOUSLY VOTED: to recess to 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.

The Town Solicitor notes that each candidate has been notified of their right to have this discussion in open session.

Convened to a Work Session at 7:00 PM.

Susan M. Flynn, CMC

Town Clerk

WORK SESSION

MARCH 27, 2023

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 27^th day of March 2023 at 7:03 PM.

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

2. A. INTERVIEWS

The Town Council interviews Kristine Bishop Chapman relative to her interest in being reappointed to the Canvassing Authority.

The Town Council interviews Alyce Kleczek relative to her interest in serving on the Assessment Board of Review.

2. B. WORK SESSION

James M. Manni, Town Manager reviews the License applications on this evening’s Agenda.

The Town Manager reviews Public Hearing Item 8A for consideration of proposed amendments to the Town Code, Chapter 17 Taxation that consists of a procedural change to the filing deadline for Property Tax Exemptions for Elderly Persons.

Communication items are reviewed. Items 9A, B and C are requests for reconsideration of American Rescue Plan Act (ARPA) grants to Human Services and Outside Agencies applicants.

Communication Item 9D, a resolution adopted by the Burrillville Town Council concerning Environmental, Social and Governance Investing (ESG) strategies and the potential effect on the State pension system is reviewed. Michael A. Ursillo, Town Solicitor explains the national movement regarding the ESG investing.

During the Town Manager’s Report an update will be provided on the School Building Committee (SBC), which has voted to support a bond referendum date of November 7^th. The Town Council has the final decision on that date. An update will also be provided on the South Road School property, and reorganization of the Agenda will be discussed.

New Business Items are reviewed. It is noted that Bond Counsel will be present this evening to review the proposed enabling legislation for the School Bond Referendum.

Discussion ensues relative to adding a resolution to support legislation for a universal school lunch program on the next Agenda for the Council’s consideration.

Convened to Regular Session.

Susan M. Flynn, CMC

Town Clerk

REGULAR SESSION

MARCH 27, 2023

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

2. C. REGULAR SESSION

3. A. PLEDGE OF ALLEGIANCE TO THE FLAG

The Pledge of Allegiance to the flag is given.

B. LAND ACKNOWLEDGEMENT STATEMENT

The Land Acknowledgement Statement is read.

4. ROLL CALL

Roll Call is taken and all members are present.

5. APPROVAL OF MINUTES OF PREVIOUS MEETINGS

A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on March 13, 2023 are accepted, approved and placed on file.

B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on February 23 (2 sets, Regular and Joint Meeting), March 2 and March 13, 2023 are accepted, approved and placed on file.

C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Sessions held on February 23 and March 13, 2023 are accepted.

6. CONSENT AGENDA

UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.

(CA) 7C. UNANIMOUSLY VOTED: to grant 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.

7. LICENSES

A. The applicant is not present, and consideration of this item is deferred.

B. Mark Cournoyer is present, and after testimony and discussion it is

UNANIMOUSLY VOTED: to grant 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. Maura Bushior, Development Manager is present, and after testimony and discussion it is

UNANIMOUSLY VOTED: to grant 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. Bryan Ricard is present, and after testimony and discussion it is

UNANIMOUSLY VOTED: to grant 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.

8. PUBLIC HEARING

A. Notice having been duly given, a Public Hearing is held 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.

A brief presentation is given.

Martha Stamp is present and comments on tax exemptions for elderly residents.

Discussion ensues, and it is

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: to adopt 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 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. Discussion ensues, and it is

UNANIMOUSLY VOTED: that 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 referred for consideration under possible future allocations.

B. Discussion ensues, and it is

UNANIMOUSLY VOTED: that 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 and placed on file.

C. Mark Collins is present and clarifies that the Collins Foundation is not eligible for ESSER funds as had been mentioned at the previous meeting. Discussion ensues, and it is

UNANIMOUSLY VOTED: that 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 and placed on file.

7A. The Town Council returns to License Item 7A, and Sara Marshall testifies on behalf of the applicant. Discussion ensues, and it is

UNANIMOUSLY VOTED: to grant 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.

D. The Town Council returns to Communication Item 9D. The Town Solicitor explains a bill to divest from investing pension funds, and it is

UNANIMOUSLY VOTED: that 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 and placed on file.

E. Discussion ensues concerning the vagueness of a Warren Town Council resolution, and it is

VOTED: that 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 voted to support this resolution.

Council Vice President Marran voted against.

F. UNANIMOUSLY VOTED: that 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 and placed on file.

G. Discussion ensues relative to the Town’s flag policy, and it is

UNANIMOUSLY VOTED: that 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 request is granted for placement at the Public Safety Complex.

H. UNANIMOUSLY VOTED: that 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 voted to support this resolution.

10. TOWN MANAGER’S REPORT

A. The Town Manager notes that the School Building Committee (SBC) will hold a community forum on Saturday to discuss the plans for a new High School. Mr. Manni also advises that the potential dates for a School Bond referendum have been discussed, and the preferred date is November 7, 2023. Luke Murray, Director of Administrative Services and Chairman of the SBC reports that the Stage II application will be submitted to the RI Department of Education (RIDE) on June 30^th. Discussion ensues regarding deadlines for holding a referendum and for meeting RIDE’s “shovels in the ground” requirement.

B. The Town Manager reviews the status of the South Road School property. Mr. Murray gives a presentation, noting that the property includes Curtis Corner Middle School (CCMS) and playfields. The buildings are old, with the last addition constructed in 1990. The assessed value is $4.5 million and the property is zoned Government and Institutional (GI). The facility is assessed to need $6 million in renovations. Annual operational costs are about $30,000. Discussion ensues regarding how to pursue an assessment for the highest and best use of the property. The Town must do asbestos testing. An appraisal and feasibility study could be done. A resolution on a future agenda would be needed to move forward with action on this matter.

C. The Town Manager discusses a reorganization of the Agenda to make it more efficient. Council members are asked to review the draft changes and provide feedback to the Town Manager’s Office. This can be discussed at a future Work Session.

The Town Manager reports on the success of the Town’s Medal of Honor dedication that was held on Saturday at the High School.

13C. New Business Item 13C is brought forward to discuss a request to the General Assembly for enabling legislation to hold a School Bond Referendum. Karen Grande of Locke Lord, LLP who acts as the Town’s Bond Counsel is present and explains the resolution prepared for the Town to request that the State legislature authorize the Town Council to set a date for a bond referendum to support $125 million for the construction and improvement of a new high school and school facilities. Michael Ursillo, Town Solicitor advises that the Town Council can substitute the bond referendum date of November 7, 2023 in Section 14 of the legislation instead of October 3, 2023.

Dorald Beasley is present and comments on the use of bond funds for demolition of the High School and CCMS and the effect of the increase in construction costs on the project.

Discussion ensues, and it is

UNANIMOUSLY VOTED: to memorialize 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 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.

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 November 7, 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

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11. PUBLIC COMMENTS

Council President McEntee invites residents to come forward with comments.

Stephen Dahl is present and reads a letter from Jamie Orr regarding small cell tower installations, and claims that they pose a health hazard from toxic radiation.

Dorald Beasley comments on his email dated March 13 suggesting changes to the process of filling School Committee vacancies, and on the reuse of South Kingstown High School for affordable housing.

12. APPOINTMENTS

A. UNANIMOUSLY VOTED: to reappoint Kristine Bishop Chapman to the Canvassing Authority for a term to expire in March 2029.

UNANIMOUSLY VOTED: to appoint Alyce C. Kleczek as Alternate Member of the Assessment Board of Review to fill a term to expire in January 2024.

B. Councilwoman Rose comments that she is concerned with the withdrawal of Joseph Martin as a candidate for School Committee and transparency issues, and so will abstain from voting on an appointment to fill the vacancy on the School Committee.

Councilwoman Bergner indicates that she concurs with Councilwoman Rose and will also abstain from voting on an appointment to fill the vacancy on the School Committee.

Council President McEntee notes his concern that Mr. Martin withdrew in order to allow the Council to have a full group vote on this appointment, and now two members have abstained as a result.

Council Vice President Marran states that he had not asked Mr. Martin to apply for appointment to the School Committee, but had recused himself from the interviews, discussion and voting on the appointment at the last meeting due to a business relationship with Mr. Martin, as required. A motion to appoint a candidate resulted in a deadlock vote of 2 to 2, and the appointment was tabled to tonight’s meeting. Mr. Marran further states that he contacted the Ethics Commission which has a process to resolve such conflicts. However, Mr. Martin then withdrew his application on his own, allowing a full member vote, but now there are 2 abstentions. Mr. Marran notes that he reviewed the interviews of all the candidates and their applications, and based on his experience on the School Committee feels that Andrew Holt is the best candidate, and Bradley Shear is also very well qualified to sit on the School Committee.

Councilwoman Alley comments that she felt the discussion regarding the School Committee candidates at the last meeting was above-board. The Town Council had received emails in support of and opposed to some of the candidates. Mrs. Alley is hoping to compromise on Bradley Shear, but notes that she likes Andrew Holt for his communication skills.

Council President McEntee states his consensus with both Shear and Holt.

Council Vice President Marran makes a motion to appoint Andrew Holt to the School Committee.

Councilwoman Alley nominates Bradley Shear for appointment to the School Committee.

Discussion ensues, and a roll call vote is taken on the nomination of Andrew Holt as follows:

Bergner – abstain Marran – aye Alley – nay Rose – abstain McEntee – nay

The motion fails with 2 voting against, 1 voting in favor, and 2 abstaining.

A roll call vote is taken on the nomination of Bradley Shear, and it is

VOTED: to appoint Bradley M. Shear to the School Committee to fill an interim term until the next election in November 2024.

Councilwomen Bergner and Rose abstained.

C. UNANIMOUSLY VOTED: to appoint Susan T. Perkins, Esq. as the Municipal Court and Housing Court Judge for the Town of South Kingstown.

13. NEW BUSINESS

A. UNANIMOUSLY VOTED: to authorize 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. UNANIMOUSLY VOTED: to authorize 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.”

UNANIMOUSLY VOTED: to adjourn at 9:40 PM.

Susan M. Flynn, CMC

Town Clerk