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WORK SESSION
OCTOBER 11, 2022
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 11th day of October 2022 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
1. A. INTERVIEW 
The Town Council interviews Arlene Hicks concerning her interest in being appointed to the Zoning Board of Review as Alternate #1.
The Town Council interviews Thomas Hogan concerning his interest in being appointed to the Bicycle-Pedestrian Advisory Committee.
The Town Council interviews Joanne Riccitelli concerning her interest in being appointed to the Sustainability Committee.
1. B. WORK SESSION
James M. Manni, Town Manager reviews the License items on this evening’s Agenda, beginning with Item 6A concerning an application by The Contemporary Theater Company for a Temporary Mass Gathering Permit to conduct the Wakefield Octoberfest event on Saturday, October 15, 2022 (rain date Sunday, October 16, 2022). It is noted that the event was approved by the Council to be held on October 1st, but was postponed due to bad weather. Since a rain date was not provided in the original application, this item is brought back to the Council for approval of the new date.
License Item 6B concerns an application for a new Holiday Sales License by Correena Tachijian d/b/a The Magickal Fae.
License Item 6C concerns an application for a new Victualling License by The Stackhouse, LLC d/b/a The Stackhouse.
License Item 6D concerns an application for a new Holiday Sales License by Dolgen Rhode Island, LLC d/b/a Dollar General. It is noted that the Certificate of Occupancy is pending.
The Town Manager reviews Public Hearing Item 7A relative to proposed amendments to the Town Code, Chapter 19 Utilities, Article II. Wastewater Management. The proposed amendments are required by RI Department of Environmental Management (RIDEM) and involve breweries, their discharge, and how the effects on the wastewater treatment plant. Mr. Manni notes that Richard Bourbonnais, Director of Public Services will be present to answer questions. Michael Ursillo, Town Solicitor notes that other municipalities are adopting similar ordinances statewide.
The Town Manager reviews the Communication items on this evening’s Agenda, beginning with Item 8A concerning an email from Alison Kates to the 300th Anniversary Steering Committee suggesting proposed changes to historical markers that may be viewed as inaccurate and anti-Indigenous. Mr. Manni notes that one marker is located on private property and the Town has no official say on it. The second marker is on Town property and more research is needed before the Town can determine what corrections may or may not need to be made.
Communication Item 8B concerns an email from Joanne Esposito, Chair requesting to present updates on the Town’s 300th Anniversary celebration. Ms. Esposito is unable to attend, and it is requested this item be continued to October 24, 2022.
Communication Item 8C concerns an email from Joanne Esposito, Chair requesting the Town Council send a letter to the RI Department of Transportation (RIDOT) requesting that Downtown Main Street be repaved in preparation for the 300th Anniversary Parade. Mr. Manni spoke with the Deputy Director of RIDOT to review the feasibility of this project and it was discussed that the road will not be on the Traffic Improvement Plan for another couple of years.
Communication Item 8D concerns an email from Natalie Jackvony concerning short-term and student property rentals. A rental registration program is currently being explored.
Communication Item 8E concerns an email from Council Vice President Abel G. Collins requesting that a Public Hearing be scheduled relative to a proposed Complete Streets ordinance. James Rabbitt, Director of Planning will be present to address differences between policy and an ordinance.
Communication Item 8F concerns a letter from Jim O’Neill concerning licensing of cannabis facilities.
Mr. Manni notes that during the Town Manager’s Report he will provide an update on the Bicycle – Pedestrian Advisory Committee and Luke Murray, Director of Administrative Services will provide an update on the School Building Committee.
The Town Manager reviews the New Business Items on this evening’s Agenda, beginning with Item 12D concerning an award of contract to Beta Group Inc. for development of a Park Master Plan for Old Mountain Field, and architectural and engineering services for design and construction specifications for a comfort station and concession building in an amount not to exceed $109,000, including a contingency of $9,700.
New Business Item 12E concerns an award of bid to New England Building and Bridge Company for construction of the Marina Park Boat Ramp in an amount not to exceed $643,160, including a contingency of $58,470. Mr. Manni notes that Town Staff was able to obtain a $280,000 grant from the RI Department of Environmental Management to assist with the cost of the project.
New Business Item 12F concerns an award of bid to Liberty Chevrolet originally requesting the purchase of a new pickup truck, utility body truck, and dump truck in an amount not to exceed $208,604. It is determined that the 2015 pickup truck with liftgate and plow, and the 2015 utility body truck with lift gate and plow do not need immediate replacement and will be retained for another year. The 2013 one-ton dump truck has heavy wear and tear and will be replaced for an amount not to exceed $95,073.
New Business Item 12H concerns a Memorandum of Agreement with The Providence Center (TPC) for the Crisis Intervention Team Program in an amount not to exceed $21,760.
New Business Item 12I concerns a Statewide Mutual Aid Agreement allowing the Town of South Kingstown’s police department to collaborate with nonadjacent Rhode Island municipalities and police departments.
New Business Item 12J concerns an award of bid to Abcore Restoration for the Town Hall Front Exterior Repairs in an amount not to exceed $37,660.
New Business Item 12K concerns adopting Wastewater Rates and On-Site Wastewater Fees in relation to Public Hearing Item 7A on the Agenda.
Councilwoman Bergner arrives at 7:28 PM.
New Business Item 12 L concerns a 2nd lease amendment with New Cingular Wireless PCS, LLC (AT&T) at the Town’s Department of Public Services communications tower.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
OCTOBER 11, 2022
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 11th day of October 2022 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Abel G. Collins, Vice President
Deborah D. Bergner
Deborah J. Kelso
1. C. REGULAR SESSION
2. 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.
3. ROLL CALL
Roll Call is taken and four members are present. Councilwoman Rose is absent.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on September 8 and September 26, 2022 are accepted, approved, and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on September 26, 2022 are accepted, approved, and placed on file.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6E. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the license year beginning December 1, 2022 to the following; Renewals:
Cardi’s Department Store, Inc. d/b/a Cardi’s Furniture Bedding Plus, 25 South County Commons Way, Wakefield, RI 02879. Application by Susan Halvarson, Executive Director of Administration and Finance. License No. 59110.
Ocean State Job Lot of RI 2019-3, LLC d/b/a Ocean State Job Lot #127, 688 Kingstown Road, Wakefield, RI 02879. Application by Jennifer Fredette, Licensing Coordinator. License No. 62624.
(CA) 6F. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses to Highland Farm, Inc. d/b/a Highland Farm, 4235 Tower Hill Road, Wakefield, RI 02879. Application by Martha Bradley, President; Renewal. License No. 60890.
(CA) 6G. UNANIMOUSLY VOTED: to grant a Farm Produce License to Linda M. Stedman d/b/a Stoney Acres Farm, 140 Stoney Acres Way, Wakefield, RI 02879. Application by Linda Stedman, Co-Owner; Renewal. License No. 59131.
(CA) 6H. UNANIMOUSLY VOTED: to grant Firearms and Ammunition Licenses for the license year beginning December 1, 2022 to the following; Renewals:
Freedom Sports and Arms, 236 High Street, Wakefield, RI 02879. Application by Leonard A. Cuoco, Owner. License No. 59526.
IDGRI5 LLC d/b/a Peace Dale Shooting Preserve, 371 Rose Hill Road, Wakefield, RI 02879. Application by Sven Soderberg, Member. License No. 66495.
(CA) 12A. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to the renewal of Liquor Licenses for the year beginning December 1, 2022.
(CA) 12B. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for renewal of an Indoor Shooting Range License in accordance with the South Kingstown Town Code, Chapter 9 Licenses and Miscellaneous Business Regulation, Article VI Indoor Shooting Ranges, Sec. 9-158 Term of License, Renewal, Transfer. Application by IDGR15, LLC d/b/a Elite Indoor Gun Range, by Mark A. Fay, Member for property located at 371 Rose Hill Road, Wakefield, RI 02879 and designated as Assessor’s Plat 33, Lot 30, consisting of 121.57 acres.
(CA) 12C. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Application for a Class B Victualler Liquor License by All South County Cinemas, LLC d/b/a South County Luxury Cinemas, 30 Village Square Drive, Wakefield, RI by Harold L. Blank, Managing Member for the food court, lobby food service area, and all cinemas within the theater; and as further defined in a site plan on file in the Town Clerk’s office.
(CA) 12G. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $6,061.58, as shown on Tax Abatement Request No. 607.
(CA) 12M. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for transfer of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Transfer of a Class B Victualler Liquor License from Heng-D, LLC d/b/a Tong-D Restaurant, 50 South County Commons Way, Unit E1, Wakefield, RI 02879 by Angie H. Lim, Member to Mahachai, LLC d/b/a Tong Ta Thai Restaurant by Awut Chunlawat, Member, 50 South County Commons Way, Unit E1, Wakefield, RI 02879 for the first floor dining areas, in accordance with a Special Use Permit granted by the Zoning Board of Review on
6. LICENSES
A. Christopher is present and after testimony and discussion, it is
UNANIMOUSLY VOTED: to grant a Temporary Mass Gathering Permit to conduct the Wakefield Octoberfest event on Saturday, October 15, 2022 (rain date Sunday, October 16, 2022) from 10 AM to 11 PM on Main Street between Robinson Street and Kenyon Avenue to The Contemporary Theater Company, 321 Main Street, Wakefield, RI 02879 subject to public safety requirements set by the Building Official and Police Chief. Application by Christopher J. Simpson, President; amended from original event date of October 1, 2022.
B. Coreena Tachijian is present and after testimony and discussion, it is
UNANIMOUSLY VOTED: to grant a Holiday Sales License to Correena Tachijian d/b/a The Magickal Fae, 171 Main Street, Wakefield, RI 02879. Application by Correena Tachijian, Owner; New. License No. 76565.
C. Edmund Addai is present and after testimony and discussion, it is
UNANIMOUSLY VOTED: to grant a Victualling License to The Stackhouse, LLC d/b/a The Stackhouse, 99 Fortin Road, Unit 108, Kingston, RI 02881. Application by Edmund Addai, Member; New. License No. 77285.
D. Nora Manet, Store Manager is present and after testimony and discussion, it is
UNANIMOUSLY VOTED: to grant a Holiday Sales License to Dolgen Rhode Island, LLC d/b/a Dollar General, 1860 Kingstown Road, Wakefield, RI 02879 subject to issuance of a Certificate of Occupancy. Application by Lisa McClendon, Senior Licensing Specialist; New. License No. 76081.
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 19 Utilities, Article II. Wastewater Management, as follows:
PROPOSED AMENDMENTS TO THE TOWN CODE
Chapter 19 UTILITIES
Article II. Wastewater Management
DIVISION 1. GENERALLY
Sec. 19-16. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
* * * * *
Drainlayer means a person who has a drainlayer’s license issued by the town.
* * * * *
On-site Wastewater Treatment System or OWTS (f/k/a Individual Septic Disposal System – ISDS) means a privately owned and maintained wastewater disposal system designed to process and treat wastewater from residential and non-residential buildings where public sanitary sewers are not available.
* * * * *
POTW means a publicly owned treatment works.
* * * * *
RIDEM means the RI Department of Environmental Management.
* * * * *
Standard Industrial Classification (SIC) means a U.S. Securities and Exchange Commission code that designates different types of business.
* * * * *
Sec. 19-17. Damaging equipment, structures, etc.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover without authorization, deface or tamper with any structure, appurtenance, or equipment which is a part of the drainage system or sewage works. Any person convicted of violating the provisions of this article shall be fined not more than five hundred dollars ($50.00) ($500.00) for each violation and for the cost of replacement or repair of any damage.
* * * * *
DIVISION 3. PRIVATE SEWAGE DISPOSAL
Sec. 19-46. When required.
Where a public sanitary sewer is not available under the provisions of section 19-33, the building sewer shall be connected to a private sewage disposal system complying in all respects with Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems of the state department of environmental management filed July 6, 1973, and any amendments or additions thereto that may be adopted and filed with the secretary of state.
Sec. 19-47. Appeals; notification.
The applicant for any sewage disposal system not initially approved by the state department of environmental management and requesting an appeal to the director of environmental management as provided in Part F, SD 17.01 of the minimum standards set forth in section 19-46 for approval shall notify the town building inspector of such appeal who in turn shall request notification by the director of environmental management of the time and place of such hearing.
* * * * *
Sec. 19-53. Deposit of untreated household waste by contractors engaged in cesspool and septic tank cleaning.
Contractors engaged in cesspool and septic tank cleaning service may deposit untreated household wastes at the sewage treatment plant under the following conditions:
(1) Only such wastes originating within the territorial boundaries of the towns of Narragansett and South Kingstown will be accepted.
(2) The contractor shall have obtained the following before permission will be granted to dispose of wastes at the treatment plant:
a. A license to remove, transport, and discharge OWTS contents at the South Kingstown treatment plant; and
b. A disposal vehicle permit for each vehicle to be utilized for waste hauling.
* * * * *
DIVISION 4. BUILDING SEWERS AND CONNECTIONS
* * * * *
Sec. 19-69. Separate sewer for each building; exception.
* * * * *
(c) Every building sewer connection installed after March 15, 1984, must include a cleanout located at the property line. Cleanouts must have a removable cover and be accessible zero (0) to twelve (12) inches below ground surface. Any sewer service line repair and/ or replacement, which does not have a previously installed cleanout, shall be required to install a cleanout at the property line at the time of service line repair or replacement.
* * * * *
Sec. 19-72. Procedure for removing sewage when drain is inadequate.
In all buildings in which any building sanitary sewer service is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer service shall be lifted by an approved means by the owner and discharged to the building sewer. Backwater check valves shall be installed on the owner's sewer lateral at the owner's expense.
* * * * *
Sec. 19-76. Utility Contractors.
(a) Building sewers and connections shall be made only by utility contractors licensed by the State of Rhode Island to perform such work in the town. Notice must be left at the office of the water/wastewater department at least forty-eight (48) business hours before work is begun on a drain, and no material shall be used or work covered until inspected and approved by the director or his agent. Such information as the town has with regard to the position of junctions or branches will be furnished to utility contractors, but at their risk as to the accuracy of the same.
(b) Any contractor engaged by a property owner with the permission of the director for installation or repair of house connections in the public streets or highways shall be bound by the conditions for sewer installations stated in sections 19-112 and 19-113.
(c) Utility contractors shall complete and file application for drains in the name of the owner, obtain the owner's signature thereon, pay application and inspection fee, and complete the location plan required by section 19-67(b).
(d) Utility contractors must meet one (1) of the following standards:
(1) Have a license as a master plumber under state licensing requirements.
(2) Complete the requirements by the State of Rhode Island for qualifying as a utility contractor.
* * * * *
DIVISION 5. USE REGULATIONS
* * * * *
Sec. 19-90. Conditionally prohibited discharges.
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving waters, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
* * * * *
(7) Any waters or wastes shall not contain any of the following substances in concentrations greater than listed below:
| Substance | Monthly Average | Max. Daily |
| Arsenic | None | 0.1 |
| Cadmium | None | 0.26 |
| Chromium (total) | 1.71 | 2.77 |
| Copper | -None | 3.38 |
| Lead | None | 0.69 |
| Mercury | None | 0.047 |
| Nickel | None | 3.98 |
| Silver | None | 0.43 |
| Zinc | None | 2.61 |
| Cyanide | None | 1.2 |
| Sulfide (total) | 3.107 | 3.107 |
| Sulfide (dissolved) | 1.0 | 1.0 |
| Oil and grease | 100.0 | 100.0 |
| BOD** (1) | None | 519.0 |
| TTO*** | 2.13 | 2.13 |
| TO**** | 1.0 | 1.0 |
| TSS***** (1) pH | None High 9.5 | 519.0 Low 5.5 |
(1) SIC Codes 2082, 2084 and 2085 will be based upon Mass Loading. The total allocation of said SIC code users shall not exceed 271 lbs. of BOD/ day and 328 lbs. of TSS/ day.
* mg/l — Milligrams per liter.
** BOD — Biological oxygen demand; surcharge applies above 250 mg/l
*** TTO — Total toxic organics; As defined in 40 CFR 433.11
**** TO — Toxic organics.
***** TSS – Total Suspended Solids; surcharge applies above 250 mg/l
Hazardous or toxic organic compounds shall be set on a case by case basis using priority pollutants standards (LD 50′ , TL 96′ , or other established limits) as guidelines.
* * * * *
(11) BOD & TSS shall be allotted to individual businesses on a mass loading basis for the following U.S. Security Exchange Commission, Standard Industrial Classification - SIC codes:
SIC Code 2082 – Malt Beverages
SIC Code 2084 – Wines, Brandy & Brandy Spirits
SIC Code 2085 – Distilled & Blended Liquors
The above noted SIC Codes shall apply to micro-brewery or micro-distillery businesses that produce less than 15,000 barrels of product per year (1 barrel = 31 gals). Businesses with the above noted SIC codes that produce in excess of 15,000 barrels of product per year will be subject to additional pretreatment requirements as determined by the director.
(12) Each business with a SIC code of 2082, 2084 and/ or 2085 shall submit the following information to the Town on an annual basis:
a.) Minimum information submittal
i) A detailed process flow diagram of the distilling process and pretreatment system
ii) Daily volume and peak flow rate of proposed process wastewater discharge
iii) Anticipated annual volume of process wastewater proposed for discharge
iv) BOD & TSS of proposed process wastewater discharge
v) A piping schematic of water supply and waste lines
vi) Pretreatment sampling manhole location
vii) Effluent flow meter location, manufacturer, size and recorder information
viii) An annual industrial wastewater user application with associated fees
ix) Any other information that the Town requires to approve an annual industrial user license
x) Install a continuous BOD & TSS sampler with a recorder approved by the Town
b.) The Town will make a determination, with respect to the BOD and TSS that will be allotted to each SIC Code 2082, 2084 & 2085 business annually based upon the information provided by the business each year.
(13) Each business with a SIC code of 2082, 204 and/ or 2085 shall submit the following information to the Town on a monthly basis on or before the 2nd Monday of each month for the prior calendar month period:
a.) A monthly report that includes the following:
i) Monthly process wastewater discharged
ii) BOD concentration
iii) TSS concentration
(14) Each SIC Code 2082, 2084 & 2085 business shall be subject to a waste loading user fee surcharge established by Town Council resolution, which is in addition to wastewater user fee minimum and excess user charges.
(15) SIC Code 2082, 2084 & 2085 businesses shall not be allowed to discharge production waste stream solids into the wastewater collections system. All solids, such as mash, fermenting solids, etc. are to be hauled off-site for proper disposal.
(16) All process wastewater for SIC Code 2082, 2084 & 2085 businesses shall be separate from all other domestic and non-domestic wastewater streams. A pretreatment sampling manhole that is accessible 24 hours per day by Town staff shall be installed at the exterior of the building after the pretreatment process, but before the process waste stream combines with a domestic waste stream.
(17) All process wastewater for SIC Code 2082, 2084 & 2085 businesses shall be discharged into an equalization tank (or basin) where the pH levels can be adjusted to the permit range between 5.5 and 9.5 s.u. (standard units).
* * * * *
Sec. 19-97. Standards for tests and measurements.
a. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. If no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate, or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from periodic grab samples. Sampling and analyses may be required by the director to be done by an independent laboratory approved by the director with all costs borne by the customer or applicant.
b. Compliance determination: Compliance determination shall be conducted by the user by the use of grab samples, time composited samples or both as determined necessary by the director. Composite samples may be taken over a 24-hour period, or over a longer or shorter time span, as determined by the director, to meet the needs of specific circumstances.
c. Analysis of wastewater: Laboratory analysis of commercial and / or industrial wastewater samples shall be performed in accordance with 40CFR Part 136 or equivalent methods approved by the US Environmental Protection Agency.
* * * * *
DIVISION 6. INSTALLATION
* * * * *
Sec. 19-112. Standards.
The minimum size of sanitary sewers shall be eight (8) inches. The minimum slope shall be such that a minimum velocity of two (2) feet per second is maintained with the pipe flowing full based on the Manning formula within value of the pipe material used and maximum velocity of ten (10) feet per second under the same criteria. Sewers shall normally be laid in straight lines except as approved by the director for forced sewer mains on curved streets where the maximum deflection at any joint shall not exceed three (3) degrees and the radius shall not be less than one hundred (100) feet. Leakage tests shall be performed and shall meet the standard requirements of the water/wastewater department. Manholes, sewers, and appurtenances shall meet in all respects the design standards, size, construction methods and tests conforming with TR-16 Guide for the Design of Wastewater Treatment Works, as amended and Town of South Kingstown construction specifications. Materials of construction shall conform to the American Society of Testing Materials or in the absence of such standards to accepted commercial standards. Interpretation of any conflict of any of the above standards shall be made by the director. The Town reserves the right to conduct any post-construction inspection tests and/ or inspections of newly constructed sanitary sewers to determine the performance of said sewer infrastructure that are proposed for acceptance by the Town. The Town reserves the right to collect actual cost it incurs for these tests and/ or inspections from the developer, property owner or licensed utility contractor.
* * * * *
Sec. 19-115. Connection policy.
The town hereby establishes the following policy relative to future connections to the sewer system:
(1) Property within the existing and/or future sewer service area. Any parcel of land located within the existing and/or future sewer service area as defined in figure 6.2 entitled "Sewer Service Areas," of the Town of South Kingstown Comprehensive Community Plan, as amended, may be required to connect to the sanitary sewer system. The property owner agrees to abide by all conditions, restrictions, standards, specifications, design criteria, and to pay all fees which may be established by the town. The property owner shall also pay any cost(s) associated with sewer service connection and/or sewer main extensions.
a. Property located along and abutting an existing sewer line shall be governed by section 19-33.
b. Property not located along and not abutting an existing sewer line where the property will require a sewer line extension shall be governed by section 19-111 and the following:
1. The director may require that property(s) proposed for development be required to connect to the sanitary sewer system provided the following conditions are met:
(i) Satisfactory grades are established meeting the approval of the director, and
(ii) Permanent rights-of-way and easements are granted to the town (where required).
2. The director shall consider the following criteria in determining if a mandatory connection and/or sewer main extension is required:
(i) Conformity to Town of South Kingstown Comprehensive Plan.
(ii) Areas of existing OWTS problems or failures.
(iii) Soil conditions not suitable for OWTS placement.
* * * * *
DIVISION 8. FEES AND USER CHARGES
Sec. 19-136. Established.
(a) User charges for South Kingstown and Narragansett users shall be established and may be revised from time to time by the town council upon recommendation of the director or the town manager. The town upon recommendation of the director may adopt fees by resolution for the following:
(1) Fees for reimbursement of costs of setting up and operating the town's pretreatment program;
(2) Fees for monitoring, inspections and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fee for filing appeals;
(6) Fees for consistent removal by the town of pollutants otherwise subject to federal pretreatment standards;
(7) A surcharge fee shall be levied for wastewater that has a BOD in excess of 250 mg/l and/ or TSS loading greater than 250 mg/l based on a monthly average set forth in Section 19-90;
(8) Other fees as the town may deem necessary to carry out the requirements contained in this article.
(b) The town council may revise the sewer user fees upon recommendations of the director or town manager at any time.
* * * * *
Sec. 19-138. Town customers.
(a) The use charge for South Kingstown customers shall be based on an annual water flow, measured or computed, or the minimum service charge whichever is greater.
(b) Water flow measured shall be based on the reading of water meters.
(c) Water flow computed, if no meters are available, shall be based on the estimated sewage flows calculated from the minimum design requirements for sewage flow tabulated in accordance with RI DEM Rules Establishing Minimum Standards Relating to Design Construction and Maintenance of On-site Wastewater Treatment Systems (OWTS), as amended.
(d) Each separate family unit in a multifamily dwelling building (more than one (1) family) and each separate commercial unit in a multi-commercial building shall be liable for the charges set forth in this section.
(e) The schedule of user charges is not printed herein but is on file in the office of the town clerk.
* * * * *
DIVISION 9. ONSITE WASTEWATER MANAGEMENT ORDINANCE
* * * * *
Sec. 19-158. Enforcement.
(a) Notice of violation. If an owner of an OWTS is determined to be in violation of this division the program administrator or his designee shall issue a written notice of violation (NOV) via certified mail to the owner. The notice, which shall be recorded in the Town’s land record evidence files, shall explain the nature of the violation, required actions, any assistance that is available from the Town and the possible consequences for noncompliance.
* * * * *
(c) Penalties. Any person who fails to comply with a written notice of violation issued under the provisions of this division may be fined not more than five hundred dollars ($500.00) per violation. Each day of a continuing violation may be construed to constitute a separate and distinct violation. All fees/fines shall be paid to the town for the administration and implementation of the OWMP. 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 division. An administrative fee, in an amount established by Town Council resolution, shall be payable prior to the program administrator recording a Release for a Failure to Inspect NOV.
Richard Bourbonnais, Director of Public Services is present and introduces Jim Geremia, Engineering Consultant, and Kathy Perez, Wastewater Superintendent. Mr. Bourbonnais reviews the proposed amendments to the ordinance which include minor changes and corrections, and local limit amendments required by RIDEM focusing on breweries and malt beverage industries. RIDEM has requested that all municipal wastewater treatment facilities update their pretreatment local limits related to increased brewery and distillery biological oxygen demand (BOD) and total suspended solids (TSS) levels. RIDEM’s goal is for breweries and wastewater treatment facilities to comply with the RI Pollutant Discharge Elimination System (RIPDES) permit limits. It is noted that the Town is required to comply with its RIPDES effluent monthly average.
Jim Geremia, President of Geremia and Associates is present and reviews the current ordinance the Town has in place and how it regulates local limits. Microbreweries cannot meet the Town pretreatment local limits because they are very low, and breweries have a high concentration of yeast. It is proposed to amend the local limits from concentration to mass loading. It is noted that microbreweries dispose of waste in batches which is a shock load to the treatment plant and the goal is to equalize the disposal in smaller batches over a longer period of time. Mr. Geremia explains that if the treatment plant violates the discharge permit, then the Town receives a citation and it is the Town’s legal obligation to monitor the discharge of the industries within the Town. The Town conducted a local limits study that examined the performance of the treatment plant. It was determined that there is a portion of the organic loadings capacity that can be distributed with Town industries after subtracting the capacity taken by regional partners who share the treatment plant. The proposed ordinance sets a formula for the Town to negotiate a consent agreement with industries in order to establish best management practices for handling waste.
Discussion ensues relative to any industries that are in excess of limits, and the need to establish the basis because microbreweries will soon be in excess of the limits. Mr. Geremia explains that the ordinance will establish costs for excess and additional treatment, and the Town will develop a consent agreement with industries for a schedule to come into compliance with the local limits study.
Eric Thunberg and his partners who own Whalers Brewery are present and describe their company. Mr. Thunberg explains that they are not a microbrewery, the product is made on the premises, and that efforts are being made to improve wastewater discharge. It is clarified that Whalers Brewery is in opposition to the proposed ordinance.
Discussion ensues relative to the ordinance changes that Whalers Brewery is seeking and the potential need for more details relative to large-scale breweries within the ordinance.
Michael Ursillo, Town Solicitor reviews RIDEM requirements that an ordinance be adopted with a goal of passage within 30 days, and notes that adoption could be delayed by a couple of weeks if needed.
Mr. Geremia reviews that industries will be required to comply with mass loadings, required to monitor their discharge, and the ordinance allows for consent agreements to be put in place in order to negotiate terms if needed. Mr. Bourbonnais notes that Whalers Brewery is currently not in compliance and the proposed ordinance allows the Town to bring them into compliance.
Mr. Thunberg reviews the mass loading and the growth of his business.
Mr. Geremia clarifies that the proposed ordinance is needed in order to charge for mass loadings because it is currently charged by concentration which did not take into account the heavy commercial users.
The Town Solicitor notes that it is critical to reference milligrams per liter in the ordinance in order for negotiations to take place, and explains that RIDEM requires an objective standard be adopted that references milligram per liter.
David Cote is present and comments on the need for more research and the importance of communication with businesses that will be impacted.
Mr. Bourbonnais clarifies that RIDEM requires the Town to be in communication with businesses and staff has complied with this requirement. It also is noted that the purpose of the proposed ordinance is to allow for mass loading.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to continue to October 24, 2022 a Public Hearing relative to proposed amendments to the Town Code, Chapter 19 Utilities, Article II. Wastewater Management.
8. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that an email dated September 22, 2022 from Alison Kates to the 300th Anniversary Steering Committee suggesting proposed changes to historical markers that may be viewed as inaccurate and anti-Indigenous, and the Committee’s response are received, placed on file, and referred to Town Staff.
B. UNANIMOUSLY VOTED: that an email dated September 30, 2022 from Joanne Esposito, Chair requesting to present updates on the Town’s 300th Anniversary celebration is received, placed on file, and continued to October 24, 2022.
C. The Town Manager reviews his discussion with the Deputy Director of RIDOT and the request to repave Main Street was denied. RIDOT has a Traffic Improvement Plan schedule and the road will not be on the list for a couple of years.
UNANIMOUSLY VOTED: that an email dated October 4, 2022 from Joanne Esposito, Chair requesting the Town Council send a letter to the RI Department of Transportation requesting that Downtown Main Street be repaved in preparation for the 300th Anniversary Parade is received and placed on file.
D. The Town Manager reviews the Town’s exploration of a rental registration program. This program would ensure renter safety and enforcement of Town ordinances.
UNANIMOUSLY VOTED: that an email dated October 3, 2022 from Natalie Jackvony concerning short-term and student property rentals is received, placed on file, and referred to the Town Manager.
E. Vice President Collins reviews his request that a Public Hearing be scheduled to consider a proposed Complete Streets Ordinance.
James Rabbitt, Director of Planning is present and reports on the progress of reviewing the BPAC Master Plan and the Complete Streets Policy. It is noted that the Planning Board addressed these items during their Work Session in September.
Luke Murray, Director of Administrative Services and Staff Liaison to the BPAC is present and reviews the BPAC’s core mission to advocate for a Master Plan. The Master Plan was reviewed by the Planning Board and the Recreation Commission and comments are being prepared. It is also noted that the BPAC requested to change their current charge.
Mr. Rabbitt addresses the Complete Streets Policy, the BPAC Master Plan, and BPAC’s request to change their mission. Mr. Rabbitt discusses the BPAC’s charge and their task to advocate for the development of a Master Plan versus drafting a Master Plan. The Planning Board reviewed and discussed the proposed BPAC Master Plan and reached consensus to retain a professional consultant to undertake the complete review and development of a Master Plan. It is recommended to include the development of a Master Plan in the Capital Budget over a two-year period to minimize large costs. Mr. Rabbitt congratulates BPAC for their hard work and dedication, and notes that the Town Council adopted a resolution in January 2011 supporting the premise and policies of Complete Streets that is included in all development review. It is noted that RIDOT and the RI Division of Statewide Planning have been contacted regarding potential grant opportunities.
Council Vice President Collins discusses the complete streets initiative, and the proposal to adopt an ordinance.
Mr. Rabbitt notes the Planning Board’s position that a complete streets ordinance is premature prior to adoption of a Master Plan. Further discussion ensues relative to the elements of a complete streets ordinance in connection with a master plan.
Discussion ensues.
Kenneth Burke, Chairman of BPAC is present and comments on the BPAC’s efforts to do professional grade work through a public body, and reviews his professional background. Mr. Burke notes he deems the BPAC’s Master Plan to be a finished document and is in support of the Council moving this forward.
Vice President Collins makes a motion to place an Order of Notice on the next agenda to schedule a Public Hearing to consider a proposed Complete Streets ordinance. Councilwoman Kelso seconds the motion for discussion.
Discussion ensues relative to relying on the Planning Board for their expertise, a complete streets ordinance being separate from a master plan, and the importance of having all information before moving forward. Further discussion ensues relative to creating an ordinance from policy.
A roll call vote is taken, and the motion fails on a tie vote.
President McEntee and Vice President Collins voted in favor, Councilwomen Bergner and Kelso voted against.
President McEntee notes that the Planning Board comments will be received by the first meeting in November.
F. Jim O’Neill is present and speaks relative to his request that the Town Council appeal the state acceptance of Plant Based Compassion Center (PBCC) as a Zone 5 candidate for a medical marijuana license from South Kingstown.
James Rabbitt, Director of Planning reports on a meeting with the RI Department of Business Regulation (DBR), and DBR’s lottery requirements for zoning approvals. PBCC was a DBR lottery winner and initially applied for a retail site zoning permit. Issues arose with the application causing PBCC to organize a new model where there would be no retail transactions on site and would instead provide a delivery service. The Pershing Avenue location would act as a corporate office only with no cannabis being sold from there, which is permitted in that zone. No modifications would need to be done to the site meaning that no development review would need to be undertaken by the Planning Board. The DBR approved PBCC’s delivery plan and security plan. Mr. Rabbitt notes that there is no tax revenue associated with the host community for a medical dispensary. The Pershing Avenue location is not a permitted site for retail sales of recreational cannabis or storage of product.
The Town Solicitor reviews DBR’s approval of the PBCC license, noting that PBCC is in compliance with Town zoning regulations, there is currently no violation in the Town and there is no basis to go into litigation.
Further discussion ensues, and it is
UNANIMOUSLY VOTED: that a letter dated October 5, 2022 from Jim O’Neill concerning licensing of cannabis facilities is received and placed on file.
9. COMMENTS FROM INTERESTED CITIZENS
Council President McEntee invites residents to come forward with comments.
Dorald Beasley is present and comments on the definition of a compassion center, and reviews a RI Department of Behavioral Healthcare, Developmental Disabilities & Hospitals flyer relative to driving under the influence.
The Town Solicitor reviews zoning regulations that are being vetted by the Planning Board with respect to cannabis facilities. There are no applications at this time. If recreational marijuana retail sales are approved by the voters of this Town, there is no way to tell how much tax the Town will generate until licenses are issued, if any.
Mr. Beasley discusses state taxation of recreational cannabis.
Mike Cerrullo is present and comments on his advocacy for an evidence-based marijuana policy and reviews his professional background as a psychotherapist.
David Cote comments on the URI Master Plan, the need for the Marina Park Boat Ramp reconstruction, and Whalers opposition to the proposed wastewater ordinance amendments.
Lisa Beth Sanford, BPAC Member is present and comments on the work done on the proposed BPAC Master Plan and the Complete Streets ordinance.
Kenneth Burke comments on Town collaboration with Whalers, Joanne Esposito’s request to add a red, white, and blue stripe down Main Street for the Town’s 300th Anniversary Celebration parade, and the BPAC Master Plan.
Dorald Beasley comments on the upcoming referendum relative to allowing sales of recreational marijuana in the Town.
Jim O’Neill comments on hazardous waste pick up days.
10. TOWN MANAGER’S REPORT
The Town Manager notes that the Bicycle-Pedestrian Advisory Committee items have already been addressed.
Luke Murray, Director of Administrative Services reports on the School Building Committee (SBC) meetings that have been held. The SBC have elected their officers and held an open workshop on October 1st. Mr. Murray reviews the core tenets of the SBC: transparency, inclusivity, and positivity. The Statewide School Construction Bond approved by the voters in 2018 allow local education agencies that receive Necessity of School Construction approval to be eligible to receive a portion of state aid on a pay-as-you-go basis. The bond activated six new temporary bonuses and the Town qualifies for three of them which includes a 5% bonus for health and safety, a 5% bonus for educational enhancement, and potentially a 5% bonus for replacement. The SBC voted to undertake a revaluation of Wakefield Elementary School and Curtis Corner Middle School to try to qualify for an additional 2.5% bonus. Mr. Murray notes that the RI Department of Education (RIDE) has not adjusted their timelines on the bonuses. The SBC will formulate a project within the next two months and have the proposal submitted to RIDE by February 15, 2023.
11. APPOINTMENTS
UNANIMOUSLY VOTED: to appoint Joanne Riccitelli to the Sustainability Committee.
UNANIMOUSLY VOTED: to appoint Arlene Hicks to the Zoning Board of Review as Alternate Member #1 to fill a term to expire March 2025.
UNANIMOUSLY VOTED: to appoint Thomas Hogan to the Bicycle – Pedestrian Advisory Committee for a term to expire July 2023.
12. NEW BUSINESS
D. UNANIMOUSLY VOTED: to authorize an award of contract to Beta Group Inc., 701 George Washington Highway, Lincoln, RI 02865 for development of a Park Master Plan for Old Mountain Field, and architectural and engineering services for design and construction specifications for a comfort station and concession building in an amount not to exceed $109,000, including a contingency of $9,700; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated September 23, 2022 and entitled “Award of Contract – Old Mountain Field Master Plan Architectural/Engineering Services.”
E. UNANIMOUSLY VOTED: to authorize an award of bid to New England Building and Bridge Company, 388 Veazie Street, Providence, RI 02904 for construction of the Marina Park Boat Ramp according to all bid specifications, in an amount not to exceed $643,160, including a contingency of $58,470; and as further specified in a memorandum from the Director of Leisure Services to the Town Manager dated October 3, 2022 and entitled “Recommendation for Award of Bid for Marina Park Boat Ramp Construction.”
F. The Town Manager reports that a 2015 pickup truck with liftgate and plow, and 2015 utility body truck with lift gate and plow will be retained for another year. The 2013 one-ton dump truck has heavy wear and tear and needs replacement.
UNANIMOUSLY VOTED: to authorize an award of bid to Liberty Chevrolet, 90 Bay State Road, Wakefield, MA 01880 for the purchase of a new dump truck in accordance with all bid specifications in an amount not to exceed $95,073, including trade allowances; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated October 4, 2022 and entitled “Bid Recommendation, Replacement Park Maintenance Vehicles.”
H. UNANIMOUSLY VOTED: to authorize the Chief of Police to execute a Memorandum of Agreement with The Providence Center (TPC), 528 North Main Street, Providence, RI 02904 for the period of performance July 1, 2022 to June 30, 2023, with payment to TPC in an amount not to exceed $21,760 for consideration of work and services covered by the Agreement; and as further described in a memorandum from the Chief of Police to the Town Manager dated September 28, 2022 and entitled “Renewal of Memorandum of Agreement – The Providence Center - Crisis Intervention Team Program.”
I. UNANIMOUSLY VOTED: to authorize a Statewide Mutual Aid Agreement allowing the Town of South Kingstown’s police department to collaborate with nonadjacent Rhode Island municipalities and police departments, as follows:
WHEREAS, the South Kingstown Town Council desires to promote cross-municipal police collaboration to achieve desired outcomes in the Town of South Kingstown; and
WHEREAS, the General Assembly enacted RIGL 45-42-2 and then amended it in 2021 through P.L. 2021, Ch. 108, providing the South Kingstown Town Council a mechanism to authorize nonemergency mutual aid agreements between nonadjacent municipalities, their police departments, and institutions of higher education within the Town of South Kingstown; and
WHEREAS, the General Assembly has granted such authority to other municipalities in Rhode Island through enabling legislation.
NOW, THEREFORE, BE IT RESOLVED: The South Kingstown Town Council hereby authorizes the Town of South Kingstown’s police department to collaborate with nonadjacent Rhode Island municipalities and police departments pursuant to the Statewide Mutual Aid Agreement.
J. UNANIMOUSLY VOTED: to authorize an award of bid to Abcore Restoration, 2 Secluded Drive, Narragansett, RI 02882 for the Town Hall Front Exterior Repairs in an amount not to exceed $37,660, including contingency with funding appropriated from the Town Hall Building Improvement Fund; and as further detailed in a memorandum from the Facilities Superintendent to the Town Manager dated October 5, 2022 and entitled “Award of Bid – Town Hall Front Exterior Repairs.”
K. UNANIMOUSLY VOTED: to continue to October 24, 2022 consideration of proposed amendments to the Wastewater Rates and On-Site Wastewater Fees, as follows:
Wastewater Rates
ADD:
Commercial/ Industrial User Surcharge as follows:
Biological Oxygen demand (BOD) – above 250 mg/ l $0.87 per pound
Total Suspended Solids (TSS) – above 250 mg/ l $0.77 per pound
On-Site Wastewater Fees
On-site Wastewater Treatment System (OWTS)
Release of Notice of Violation for Failure to Inspect $200.00
L. UNANIMOUSLY VOTED: to authorize the Town Manager to execute a 2nd lease amendment with New Cingular Wireless PCS, LLC (AT&T) at the Town’s Department of Public Services communications tower, in accordance with terms of lease agreements as approved by the Town Solicitor; and as further described in a memorandum from the Public Services Director to the Town Manager dated October 4, 2022 and entitled “AT&T – Department of Public Services Communications Tower – 2nd Amendment.”
UNANIMOUSLY VOTED: to adjourn at 11:00 PM.
Susan M. Flynn, CMC
Town Clerk