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TOWN COUNCIL AGENDA
TOWN OF SOUTH KINGSTOWN
RHODE ISLAND
MONDAY, NOVEMBER 27, 2023
CLOSED EXECUTIVE SESSION – 6:30 PM
WORK SESSION – 7:15 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 11/22/2023
1. CLOSED EXECUTIVE SESSION – 6:30 PM
A. A Closed Executive Session pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: Jonathan Garvey v. South Kingstown Police Department, and South Kingstown v. O’Dell, CA No. 2022-0330; and pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes.
2. A. INTERVIEW – immediately following 
1. Bethany Sorrentino for appointment to Affordable Housing Collaborative Committee.
See Attachment A for Boards and Commissions Appointments Report.
B. WORK SESSION – immediately following
All items listed on the Town Council agenda are subject to discussion.
3. 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.
A. PLEDGE OF ALLEGIANCE TO THE FLAG
B. LAND ACKNOWLEDGEMENT STATEMENT
4. ROLL CALL
5. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session – November 14, 2023
B. Regular Session – November 14, 2023
C. Closed Executive Session – November 14, 2023
6. CONSENT AGENDA
(CA) A. A resolution granting a Victualling License for the year beginning December 1, 2023 to Jayd LLC d/b/a Jayd Bun, 1202 Kingstown Road, Wakefield, RI 02879. Application by Qiang Li, Member; Renewal. License No. 63751.
(CA) B. A resolution granting Victualling and Holiday Sales Licenses for the year beginning December 1, 2023 to Drake Petroleum Company, Inc. d/b/a West Kingston Xtra Mart, 3411 Kingstown Road, West Kingston, RI 02892. Application by Sean T. Geary, Chief Legal Officer. License No. 60093.
(CA) C. A resolution granting Holiday Sales and Tourist Accommodations Licenses to Village Hotel Associates d/b/a Hampton Inn South Kingstown, 20 Hotel Drive, Wakefield, RI 02879. Application by Bonnie Brake, Director of Hotel Operations; Renewal. License No. 60002.
(CA) D. A resolution granting Holiday Sales and Farm Stand Licenses to Sosnowski Farm, 3 Waites Corner Road, West Kingston, RI 02892. Application by Sue and Mike Sosnowski, Owners; Renewal. License No 60598.
(CA) E. A resolution granting a Private Investigators License for the year ending December 1, 2023 to Keara Wolstencroft, 1183 Kingstown Road, Unit 2R, Wakefield, RI 02879; Renewal. License No. 60170.
(CA) F. A resolution authorizing the Tax Assessor to abate taxes in the total amount of $2,301.22, as shown on Tax Abatement Request No. 630.
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 Temporary Mass Gathering permit to Sons of Liberty, 1425 Kingstown Road, Wakefield, RI 02879 to hold the 9th Annual Whiskey Wonderland Holiday on December 15, 2023 from 1 PM to 9 PM. Application by Bryan Ricard, Event Coordinator; New. License TMG-23-9.
8. PUBLIC HEARING
A. A Public Hearing, continued from November 14, 2023, to consider proposed amendments to the following chapters of the Town Code related to the implementation of a Municipal Court: Chapter 1 General Provisions; Chapter 3 Animals and Fowl; Chapter 4 Boats and Waterways Ordinance; Chapter 10 Motor Vehicles and Traffic; Chapter 11 Nuisances; Chapter 12 Offenses and Miscellaneous Provisions; Chapter 15 Solid Waste Management; Chapter 16 Streets and Sidewalks; Chapter 18.5 Tree Ordinance; Chapter 19 Utilities; and Chapter 20 Stormwater Management, as shown on Exhibit 1 attached hereto.
9. PUBLIC COMMENTS (continuted)
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.
10. NEW BUSINESS
A. A resolution to memorialize the General Assembly to enact legislation authorizing the Town of South Kingstown to issue not to exceed $150,000,000 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.
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 $150,000,000.
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 Fifty Million Dollars ($150,000,000) for the above purposes.
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 2] 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 $150,000,000 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.
B. A resolution affirming or amending the Town’s Liquor License Rules and Regulations, Section I. The current number of licenses for each class shall be authorized as indicated below, unless changed by a majority vote of the Town Council:
Class Number
A – Retail 4 maximum
B – Victualler 29
B – Tavern 2
B – Limited 5
B – Hotel 1
B – M 0
C 0
D – Club Full Privilege 1
D – Limited 0
F Five per year per organization
F – 1 Five per year per organization
J – Limited 1
T – Legitimate Theater 3
C. A resolution authorizing an amendment of contract to Peter Diepenbrock, 32 Hamilton Avenue, Jamestown, RI 02835 originally granted on February 13, 2023 for a public art project to commemorate the Town’s 300th Anniversary in 2023, as specified in a proposal dated January 6, 2023, from an amount not too exceed $130,000 to an amount not to exceed $134,800; and as further described in a memorandum dated November 8, 2023, from the Leisure Services Director to the Town Manager and entitled “Request for Approval of Change Order – Art Project – 300th Anniversary.”
D. A resolution authorizing the Town Manager to extend the existing Marina Park property lease agreement with the University of Rhode Island on a month-to-month basis, until a decision is reached on a new long-term lease agreement and is duly authorized by the Town Council, not to extend beyond March 31, 2024 without further authorization; and as further described in a memorandum dated November 10, 2023 from Leisure Services Director to the Town Manager and entitled “URI Sailing Center – Marina Park Lease.”
E. A resolution authorizing an award of contract to Peterson Oil Service, Inc., 75 Crescent Street, Worcester, MA 01605 for #2 heating fuel, based on the RI Municipal Purchasing Agents Associations’ cooperative bid, at the lowest daily rack prices published by Oil Price Information Services (OPIS) plus the increment of $0.33 gallon for a period of November 28, 2023 through August 31, 2024, with an option to renew for two one-year periods ending on August 31, 2026; and as further described in a memorandum from the Director of Facilities to the Town Manager dated November 15, 2023 and entitled “Award of Contract – #2 Heating Fuel.”
F. A resolution authorizing an award of contract to Comstar, LLC, 8 Turcotte Memorial Drive, Rowley, MA 01969 for emergency medical billing services for a cost of 4% of all collections, including ESO Solution ePCR software and further authorizing the Finance Director to contract for services involving accounts in collections, and as further described in a memorandum dated November 21, 2023, from the Chief of EMS to the Town Manager entitled “Award of Contract- EMS Billing Administrator.”
G. A resolution authorizing the Town Manager to execute any required agreements and/or documents with the RI Department of Transportation that are necessary to transfer ownership and maintenance of all streetlight inventory on State roads currently owned by the Town of South Kingstown to the RI Department of Transportation as further described in a memorandum from the Public Services Director to the Town Manager entitled “LED Streetlighting Conversion, State Road Streetlight Transfer Agreement Revision, dated November 20, 2023.”
11. TOWN MANAGER’S REPORT
A. Update on School Building Committee and the School Facilities Project.
B. Update on the American Rescue Plan Act (ARPA) Program.
C. Report on upcoming Town Council Meetings.
12. COMMUNICATIONS
A. An email dated November 14, 2023 from Paul Jordan tendering his resignation from the Planning Board effective immediately is received, placed on file, and the Town Council further directs ________________________.
B. An email dated November 16, 2023 from Pam Woo, Small Business Saturday Coalition and Women Impacting Public Policy requesting a proclamation for Small Business Saturday in South Kingstown 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. The Town reserves the right to make correspondence public by posting it on the Town Council agenda or otherwise.
13. 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)
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
PROPOSED AMENDMENTS TO THE TOWN CODE
Chapter 1
General Provisions
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Sec. 1-9. General penalty; continuing violations; advance payment of fine.
a) Except as otherwise expressly provided, whenever in this Code or in any other ordinance or resolution of the town or in any rule, regulation or order promulgated by any officer or agency of the town under authority duly vested in him or if any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance or resolution of the town or such rule, regulation or order shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding thirty (30) days.
b) Except where otherwise provided, every day any violation of this Code or any other ordinance or resolution of the town or such rule, regulation or order shall continue shall constitute a separate offense.
c) Fines for violations may be paid by check or money order, in lieu of appearance at the South Kingstown Municipal Court, made payable to the Town of South Kingstown, Rhode Island with no post-dating of the check, and delivered in person or sent by mail to the Town of South Kingstown Clerk’s Office with a written indication of the purpose for the payment. Partial payments will not be accepted and shall be considered as non-payments. Where the ordinance provides for a range of fines, then any prepayment of the fine must be paid at the highest fine in the range. If prepayment is not made of any fine enumerated in the Town Code, then the violator shall be prosecuted in the South Kingstown Municipal Court pursuant to the rules and regulations thereof.
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Chapter 3
Animals and Fowl
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Article II. Dogs and Cats
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Sec. 3-22. Care and control of dogs.
(a) Every owner or person who has accepted responsibility for the temporary care and custody of a dog has a duty to exercise proper care and control over the dog. The following shall be considered a violation of this section:
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(6) Violations of the above-referenced provisions shall be subject to fines as set forth in section 3-29(b) as well as prosecution in the Washington County — 4th District Municipal Court as set forth in subsection (4) above. The violation shall attach to the person, not the dog, therefore the determination whether a violation is a first or subsequent offense shall be based upon the number of prior violations by the person. If more than one (1) dog is involved in each incident, multiple violations may be charged.
(b) A person who repeatedly violates the provisions of subsection (a) is a public nuisance. For purposes of this section, a person with more than three (3) violations in any twelve-month period, or a person with more than six (6) violations in a thirty-six-month period shall be considered a repeated violator. Each dog involved constitutes a separate violation for purposes of subsection (a); however, for purposes of this section, a single incident involving more than one (1) dog shall be considered only one (1) violation. If a person is cited as a repeated violator, that person may be summoned before the Rhode Island District Municipal Court. The court may:
(1) Order that any one (1) or more of the dogs involved be temporarily impounded or permanently removed from the person's care and custody and disposed of in a humane manner. Impoundment fees may be charged to the dog owner or person responsible for the dog's care and custody regardless of whether the dog is returned to that person.
(2) Impose a fine of up to two five hundred fifty dollars ($250500.00).
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Sec. 3-29. Penalties.
(a) Any person who is the keeper or owner of any dog found to be an unlicensed dog, shall, upon conviction in addition to any requirements in Title 4, Chapter 13.1 of the Rhode Island General Laws, shall be provided a warning and instructions to license the dog within fourteen (14) calendar days from the date the warning is issued. If the keeper or owner of any dog fails to obtain a license after the fourteen (14) day warning period, that shall be fined as follows:
(1) First offense $2550.00
(2) Second and all subsequent offenses, summoned to Municipal Court $200.00
(3) Third offense and all subsequent offenses within a year $500.00
and be subject to the provisions of G.L. Tit. 4, Ch. 13.1.
(3) The penalty for second or subsequent offenses within a year is a fine not more than five hundred dollars ($500.00)
(b) Any person convicted of violating any other provision of this article shall be fined as follows:
(1) First offense $1025.00
(2) Second offense $1550.00
(3) Third offense and all subsequent offenses within a year $2575.00
(4) Fourth and all subsequent offenses within a year summoned to Municipal Court and upon conviction, shall be fined not more than five hundred dollars ($500.00) for every such offense.
Chapter 4
Boats and Waterways Ordinance
Article I. In General
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Sec. 4-19. Penalties.
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(c) Any individual violating any provision of this chapter may be cause for the harbormaster's refusal to allow such individual with his/her vessel in the waters under the jurisdiction of the harbormaster for such period of time as may be determined by the harbormaster or the town council together with the necessary court action in cases of violation of state or federal law. The enumerated violations listed in this chapter and any penalty prescribed thereunder shall be in addition to, and shall not supplant, any violation setting forth stricter standards or greater or additional penalties found in federal or state law or regulation. Where a local ordinance or state or federal law or regulation covers the same conduct, at the discretion of the Harbormaster, the Harbormaster may charge the violation that provides the greater or additional penalty or has stricter standards.
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Sec. 4-21. Payment without personal appearance.
The harbormaster, and assistant harbormaster and any other duly authorized law enforcement officer who charges any person with an offense as set out in this chapter shall issue a summons for said offense, providing the offending person with a form which, when property executed by the office and offender, will allow the offender to dispose of the charge without the necessity of personally appearing before the district South Kingstown Municipal cCourt of the state. This section shall apply to residents and nonresidents.
Sec. 4-22. Method of payment.
If the offending party desires to dispose of the charge without personally appearing before the district South Kingstown Municipal cCourt he/she may execute the form indicated and return it to the South Kingstown Police DepartmentTown Clerk’s Office not later than thirty (30) days from the date of the summons either by mail or by delivering it to the police department Town Clerk’s Office together with a certified check or money order in an amount indicated by the fine schedule on said form.
Sec. 4-23. Violations to which applicable and schedule.
The following violations may be handled administratively through the method as prescribed in this chapter; provided however, this list is not exclusive and jurisdiction may be conferred on the District Court of Rhode IslandSouth Kingstown Municipal Court with regard to other violations.
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Chapter 10
Motor Vehicles and Traffic
Article I. In General
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Sec. 10-7. Operation of vehicle as to create unnecessary noise prohibited.
(a) It shall be unlawful for any person to so operate any automobile, motorcycle or other motorized vehicle on any highway, street, gangway, court, square, private parking lot, public parking lot or any other public place in any park of this town in such a manner as to cause or create unnecessary noise by causing the spinning of wheels of any such vehicle so operated on the pavement or to cause or to create unnecessary noise by reason of defective or altered exhaust system on such vehicle.
(b) Unnecessary noise shall be any noise other than that usually occasioned by the reasonable and normal operation of any such automobile, motorcycle or other motorized vehicle.
(c) Conviction of violation of this section shall be punishable by a fine not to exceed fifty dollars ($50.00) or imprisonment not to exceed ten (10) days for each violation in the amount of one hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense, and three hundred dollars ($300) for the third and any subsequent offense.
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Sec. 10-16. Issuance of citations to violators of traffic regulations; penalties for violations.
It shall be the duty of the police officer and police constables of the town, acting in accordance with instructions issued by the chief of police to report:
(1) When a vehicle has violated any of the provisions of this chapter or other ordinances;
(2) The state of registration and the license plate number of each such vehicle;
(3) The specific nature or type of violation;
(4) Each such officer or police constable shall also attach to such vehicle or render to the operator thereof, written notice to the owner that such vehicle has violated a certain provision of this chapter or other traffic ordinance and instructing such owner to report at the office of the chief of police in respect to such violation with regard to payment or prosecution of said violation in accordance with Section 1-9(c) of this Code. Each such owner or operator may, within seven (7) days of the time when such notice was so served on such owner, mail to the office of the chief of police make advance payment in accordance with Sec. 1-9(c) as a penalty for and in full satisfaction of such violation the sum of five seventy-five dollars ($575.00) in every case, except where another ordinance provides for a higher fine.
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Sec. 10-18. Authority of police department to collect fines.
The police department is hereby designated and authorized to collect and to receive the fines provided for violations of the provisions of this chapter or other traffic ordinances which are or shall be in effect in the town. Reserved.
Sec. 10-19. Disposition of money received under chapter; audit of police accounts.
All money received and collected by the police department under this chapter shall be turned over to the town treasurer. All such charges, records and payments shall be entered forthwith by the police and the books of the police containing records of violations, dispositions and money received as fines therefrom shall be audited not less than once every three (3) months by a town auditor. Reserved.
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Article II. Stopping, Standing and Parking
Sec. 10-53. Winter parking prohibited.
It shall be unlawful for the operator of any motor vehicles to park on any public highway, municipal parking lot or municipally owned parking area in the town after a parking ban declaration has been implemented. This parking restriction will remain in effect until the official declaration has been lifted. Any motor vehicle in violation of this section may be towed, and the parking fine shall be assessed at twenty-five one hundred dollars ($25100.00). This section shall not apply to the eight (8) parking spaces granted to Tase-Rite Co., Inc. by an easement deed filed with the town clerk on January 9, 2003.
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Sec. 10-65. Emergency restriction on parking.
(a) No parking shall be permitted during the times designated when emergency storm conditions exist. At the outset of any storm requiring the declaration that emergency conditions exist, such conditions will be declared to be in effect by means of radio announcement by the town manager. The no parking will be modified or eliminated as soon as storm conditions permit.
(b) The chief of police, or his representative, shall have the authority to cause an illegally parked vehicle to be towed away by a licensed towing service to the premises operated by such service if, in his opinion, the public safety of residents of the town is or will be jeopardized. The applicable fine and all costs of towing and storage must be paid by the owner or operator of the vehicle before the vehicle is released.
(c) All violations of this section shall be punished by a fine of five seventy-five dollars ($575.00).
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Sec. 10-68. Parking fines.
(a) Parking fines for violations of this chapter as cited by the South Kingstown Police Department in the form of parking citations shall be twenty-five seventy-five dollars ($2575.00).
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Sec. 10-71. Parking at Marina Park.
No person shall park any vehicle or boat trailer in the main parking lot or turfed area adjacent to Festival Field between 2:00 a.m. and 4:00 a.m. Notwithstanding the foregoing, the chief of police, or his representative, shall have the authority to grant an exemption from this prohibition for boat owners who rent slips at Marina Bay Docking.
No person shall park any vehicle or boat trailer in the easterly parking lot adjacent to the Route 1 overpass for more than seventy-two (72) hours.
All violations of this section shall be punished by a fine of fifty seventy-five dollars ($5075.00) and any motor vehicle or trailer in violation may be towed.
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Chapter 11
Nuisances
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Article II. Junked, Dismantled or Abandoned Vehicles
Sec. 11-21. Disposition of vehicles in violation of this article.
(a) Such vehicle or trailer will be tagged by the zoning officer citing the violation and if not removed within thirty (30) days, will be deemed abandoned and a hazard, and the zoning officer will register a complaint with the police department where an investigation under G.L. § 31-22-13 shall be conducted. Notice will also be left with the resident of the premises, if any, of the property upon which the vehicle or trailer is located.
(b) The vehicle owner who shall allow a vehicle to remain on his property or is in violation of section 11-20 and subsection (a) of this section shall be guilty of an offense punishable, and upon conviction, subject to a fine of twenty seventy-five dollars ($2075.00) or imprisonment for ten (10) days. Each day the vehicle owner shall allow the above-mentioned condition to exist after original tagging of such vehicle shall constitute a separate offense.
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Sec. 11-22. Penalties.
Any property owner who shall fail to comply with the provisions of sections 11-17 and 11-18 shall be guilty of an offense punishable, and upon conviction, subject to a fine of twenty seventy-five dollars ($2075.00) or imprisonment for ten (10) days. Each day the property owner shall allow the above-mentioned condition to exist shall constitute a separate offense.
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Chapter 12
Offenses and Miscellaneous Provisions
Article I. In General
Sec. 12-2. Improper conduct.
(a) Every person who shall anywhere in the town quarrel, fight, revel, wantonly raise any false cry or alarm of fire, commit any nuisance or misdemeanor, or otherwise behave in a noisy, disorderly or indecent manner, to the disturbance or annoyance of the peaceable people of the town, or any portion of them, or shall aid, assist, incite, encourage, or promote the same to be done by any other person shall be guilty of a violation of this section, as well as the following:
* * * * *
(b) Every person convicted of violating any provision of this section shall , upon conviction therefor, be fined not less than more than twenty dollars ($20.00) norone five hundred dollars ($100500.00) for every such offense, or be imprisoned not exceeding thirty (30) days.
* * * * *
Sec. 12-11. Public consumption prohibited; possession by persons under twenty-one (21) years of age prohibited; possession of open containers prohibited.
It shall be unlawful for any person to consume alcoholic beverages of any kind on a public way or street, beach, public picnic ground, park, amusement area or any other public place or building, unless permitted by law, within the town. It shall be unlawful for any person who has not attained the age of twenty-one (21) years to have in his possession alcoholic beverages of any kind within a building, park, on a public way or street, park, amusement area or any other public place or building within the town. The possession of an open container of alcohol by any person is prohibited on a public way or street, beach, public picnic ground, park, amusement area or any other public place or building. The penalty for any violation is a fine of fifty dollars ($ not more than five hundred dollars ($500.00) for every such offense. Violators shall be summoned before the Municipal Court. Provided, however, that the consumption of alcoholic beverages and/or the possession of open containers in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 9-21 shall not be prohibited.50.00)
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Chapter 15
Solid Waste Management
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Sec. 15-67. Compliance requirements.
(d) Quantifying minimum town recycling diversion rates: Each private hauler collecting residential solid waste and residential recyclable material in town, shall at the direction of the public services director be required to provide on the fifteenth day of each month documentation that he/she met or exceeded minimum town recycling diversion rates for the prior calendar month's collection activity. Said documentation, shall be to the satisfaction of the public services director.
Penalties for noncompliance with minimum recycling diversion rate requirements: The penalties for noncompliance with minimum recycling diversion rate requirements shall be set forth in section[s] 15-68 (c)(1) – (4) 15-67(c)(1-4).
Chapter 16
Streets and Sidewalks
Article I. In General
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Sec. 16-3. Penalty violation of section 16-2.
a) Violation of section 16-2 by a person shall result in a warning for the first offense and shall be punishable by a fine of one hundred dollars ($100.00) for the second offense, and by a fine of one hundred seventy-five dollars ($175.00) for the third offense enforcement as specified in Section 16-9. The fine may be paid by mail or in person at the tax collector's office. Upon the fourth and each subsequent violation of this section, a person shall be subject to the penalties set forth in section 1-9. of the Code. Only one (1) violation may occur with respect to any one (1) snowfall or ice event or other event resulting in snow or ice encumbering a sidewalk, provided however, that a continued violation twenty-four (24) hours after the issuance of a warning for a first offense shall constitute a second offense.
* * * * *
Sec. 16-9. Penalties and enforcement.
In addition to any other penalties provided for in this chapter, any violation of any provision of Chapter 16 may be subject to the general penalty provisions of Section 1-9 of the Town Code of Ordinances and prosecuted in the South Kingstown Municipal Court thereunder.
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Chapter 18.5
Tree Ordinance
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Article VI. Enforcement
Sec. 18.5-36. Restitution for replacement trees.
a) The tree warden, in accordance with G.L. 1956, § 2-14-7, may require a monetary restitution of up to two thousand five hundred dollars ($2,500.00) from any individual or entity who performs or authorizes work that illegally removes, damages, or prunes a protected tree. The amount of monetary restitution required shall be in accordance with the Town of South Kingstown Tree Replacement Policy, as amended and maintained by the public services department, and shall be equivalent to the cost for the town to plant and maintain town trees to replace those illegally removed, damaged, or pruned.
b) Failure to pay within thirty (30) days any monetary restitution required by the tree warden for an illegal action to a protected tree performed or authorized by an adjacent property owner shall constitute a lien on the private property. The town shall maintain its right to legal and equitable remedies that may be available in order to enforce compliance with the provisions of this chapter. In addition to costs and any associated monetary restitution, the property owner shall be responsible for any interest, administrative and court costs associated with the collection of the funds.
c) In addition to the penalties specified herein, any violation of any provision of Chapter 18.5 may be subject to the general penalty provisions of Section 1-9 of the Town Code of Ordinances and prosecuted in the South Kingstown Municipal Court thereunder.
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Chapter 19
Utilities
Article I. In General
Sec. 19-1. Penalties and enforcement.
In addition to any other penalties provided for in this chapter, any violation of any provision of Chapter 19 may be subject to the general penalty provisions of Section 1-9 of the Town Code of Ordinances and prosecuted in the South Kingstown Municipal Court thereunder.
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Chapter 20
Stormwater Management
Article I. Illicit Discharge Detection and Elimination
Sec. 20-1. Penalties and enforcement.
In addition to any other penalties provided for in this chapter, any violation of any provision of Chapter 20 may be subject to the general penalty provisions of Section 1-9 of the Town Code of Ordinances and prosecuted in the South Kingstown Municipal Court thereunder.
Exhibit 2
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. 2024
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A N A C T
AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO
EXCEED $150,000,000 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
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 fifty million dollars ($150,000,000) 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 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 bonds or notes 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 bonds or notes 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 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. 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 3; (3) In repayment of advances under section 4; (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 6 and 9 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 3. 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, monies 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 5. The monies 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 monies 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 4. 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 2, 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 5. 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 6. 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 monies 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 7. 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 § 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 monies 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 8. 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 9. 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 monies 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 2.
SECTION 10. 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 11. 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 12. 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 13, without further action by the general assembly.
SECTION 13. 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 a date determined by resolution of the town council. The question shall be submitted in substantially the following form: “Shall an act passed at the 2024 session of the general assembly entitled ‘AN ACT AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO EXCEED $150,000,000 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’ 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. Notwithstanding anything contained in § 17-19-7 of the general laws to the contrary, the town’s board of canvassers may certify the question to the secretary of state not later than thirty (30) days prior to the date set for the election.
SECTION 14. This section and section 13 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 13.
EXPLANATION
OF
AN ACT
AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO
EXCEED $150,000,000 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
This act authorizes the town of South Kingstown to issue not more than $150,000,000 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.
Sections 13 and 14 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 13.
A N A C T
AUTHORIZING THE TOWN OF SOUTH KINGSTOWN TO ISSUE NOT TO
EXCEED $150,000,000 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
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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)
Vacancies: 2 terms to expire August 2025 (Christian Blaney and George Helwig resigned)
Applicants: Darryl Geissler (applied 8/29/2023; interviewed 10/23/2023); Bethany Sorrentino (applied 10/11/2023; to be interviewed 11/27/2023).
Bicycle – Pedestrian Advisory Committee (Minimum 5, maximum 9 members; 2 year term)
Reappointments for terms expired July 2023: Kenneth Burke, Dorothy Hill, Christopher Ryan Moore, Thomas Hogan, and Lisa-Beth Sanford wish to be reappointed. Awaiting response from James Vogel.
Vacancies: 2 terms expired July 2023 (David Hamel did not wish to be reappointed; one open position).
Conservation Commission (7 members; 3 year term)
Vacancy: one term expires September 2026 (Lorraine Joubert did not wish to be reappointed).
Applicants: Kevin C. Pelissier (applied 4/26/2023; interviewed 6/26/2023 and appointed to ZBR);
Economic Development Committee (11 members, 3 year term)
Applicant: Kevin C. Pelissier (applied 4/26/2023; interviewed 6/26/2023 and appointed to ZBR)
Historic District Commission (7 members; 3 year term)
Reappointment for a term to expire December 2023: William Murray Gates wishes to be reappointed. It is reported that Mr. Gates has attended 27 of 29 meetings held during the current term (attendance as of 9/15/2023).
Vacancies: terms expire December 2023 and December 2025 (Andrew Martinez resigned; Shantia Anderheggen did not wish to be reappointed)
Housing Authority (5 members; 5 year term)
Reappointment for a term to expire October 2023: awaiting response from Susan Jacobsen. It is reported that Ms. Jacobsen has attended 46 of 62 meetings held during the current term (attendance as of 9/21/2023).
Applicants: Lucienne Andrew (applied 10/23/2023); Gregory Jones (applied 10/27/2023)
Planning Board (7 members; 3 year term)
Applicant: Kevin C. Pelissier (applied 4/26/2023; interviewed 6/26/2023 and appointed to ZBR)
Recreation Commission (5 members; 3 year term)
Applicant: Robert Warren (applied 9/18/2023; interviewed 9/25/2023 and appointed to Library Board of Trustees)
Route 1 Stewardship Plan Development Committee (8 members)
Vacancy: Economic Development Committee Ex-Officio Member (Larry Fish does not wish to continue serving).
Route 138 Reconstruction Project Area Committee (11 members; 2 year term)
Reappointments for terms expired in May 2023: Susan Spranger Axelrod, Dorald Beasley, Gail Faris, Thomas Marcello and William Rosen wish to be reappointed. Awaiting a response from Diane Johnson.
Vacancies: terms expired in May 2023 (Peter Maynard did not wish to be reappointed; James Garfield, Ex-Officio member of Historic District Commission resigned; and URI representative)
Saugatucket Veterans’ Memorial Park Commission (5 members; 5 year term)
Vacancy: Vietnam Veteran, term expires January 2025 (Mark Spangler deceased)
Statistical Modeling and Analytics Research Tools (SMART) Committee (9 members)
Two vacancies: (Lauren Weinstock and Jonathan E. Daly-LaBelle resigned)
Sustainability Committee (7 members)
Vacancy (James Normann resigned)
Trustees of the South Kingstown School Funds (5 members; 5 year term)
Vacancy: one term expires June 2025 (James Lathrop resigned)
Zoning Board of Review (5 members, 3 alternates; 3 year term)
Vacancy: Alternate #3 for a term to expire March 2024.
Applicant: Joshua W. Gilman (applied 2/2/2023; interviewed 2/13/2023 and appointed to EDC).