WORK SESSION

 

SEPTEMBER 12, 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 12^th day of September 2022 at 7:00 PM.

 

            PRESENT:     Rory H. McEntee, President

Abel G. Collins, Vice President

Deborah D. Bergner

Deborah J. Kelso

Jessica L. Rose

 

 

1.         A.        WORK SESSION

 

James M. Manni, Town Manager notes he will introduce the new Police Compassion Dog Leo and acknowledge the breeders who donated him to the Town, Rumford Pet Center that has pledged food and baths for life, and AT&T for their donation to the new Compassion Program.

 

The Town Manager reviews License Item 6A concerning an application for a Temporary Mass Gathering Permit by The Contemporary Theater Company to conduct the Wakefield Octoberfest event on Saturday, October 1, 2022. There are expected to be approximately 3,000 people and 1,000 automobiles throughout the event.

 

The Town Manager reviews Public Hearing Item 7A concerning proposed amendments to the Town Code relative to the prohibition against smoking/vaporizing cannabis in public places. The Town Solicitor is available for questions during this hearing.

 

The Town Manager reviews the Communication items on this evening’s Agenda, beginning with Item 8A relative to an email from Valerie Speredelozzi requesting a letter of support for a proposed new Spanish language immersion charter school and potential rental of the South Road School building which was continued from the August 9, 2022 meeting. Ms. Speredelozzi sent a supplemental email providing an executive summary of their proposal.

 

Communication Item 8B concerns a letter from Russell Brown tendering his resignation from the Zoning Board of Review.

 

Communication Item 8C concerns an email from the Exeter Town Council requesting support from the RI League of Cities and Towns for legislation mitigating the negative effects of House Bill H8220 SubA relative to the taxation of renewable energy. This legislation does not affect South Kingstown because the Town taxes renewable energy as tangible property not real estate.

 

Discussion ensues relative to the General Assembly’s adoption of House Bill H8220 SubA in July. The Town Solicitor clarifies that Exeter is looking to introduce new legislation to mitigate or negate the House Bill.

 

Mark Capuano, Tax Assessor is present and explains that the Town of Exeter reassesses land when solar power is installed which increases the land’s value. The legislation outlines that renewable energy shall be taxed as tangible property instead of assessed with the real estate which means that the Town of Exeter will need to revert the assessed value of the properties to what they were prior to the installation of solar, causing a loss of revenue. South Kingstown already assesses renewable energy as tangible property and this legislation is revenue neutral for the Town.

 

Communication Item 8D concerns a letter from Joanne Esposito, 300^th Anniversary Steering Committee Chair requesting approval for a Town Hall Lighting Ceremony on Saturday, December 17, 2022. The event is being sponsored by Wakefield Village Association and Seascape has provided a discounted quote for the installation for the lights. The lights would be up from December 17, 2022 through mid-March 2023. It is also noted that the 300^th Anniversary Steering Committee received a grant of $150,000 from RI Commerce for a public art installation. An RFQ was sent out in August with an anticipated unveiling in the fall of 2023.

 

Discussion ensues relative to the location of the public art installation and the lighting in front of Town Hall. Theresa Murphy, Director of Leisure Services is present and reviews the light locations, and notes the South Kingstown High School woodshop students will create a “300” frame for the lights to be hung around.

 

Communication Item 8E concerns an email from Susan Barbato requesting traffic controls on Old North Road in the Kingston Historic District. Mr. Manni notes that traffic and speeding is a Town-wide issue and Chief Moynihan plans to hold a public forum to discuss traffic issues and potential solutions to create a comprehensive plan to mitigate these problems.

 

Mr. Manni notes that during the Town Manager’s Report he will review the Town-wide water ban and the upcoming RI Drought Advisory Subcommittee and community meeting, comprehensive safety plan for the Bike Path, and an update on phase three of the Old Tower Hill Road maintenance.

 

The Town Manager reviews the New Business items on this evening’s Agenda, beginning with Item 12A adopting a proclamation recognizing September 2022 as Military Suicide Awareness Month.

 

New Business Item 12B concerns advertising for Order of Notice a Public Hearing to consider proposed amendments to the Town Code that would add a Municipal Court and Housing Court. The Town received enabling legislation from the General Assembly to establish a Municipal Court in the Town. Municipal Court increases the enforcement powers of the Building Official which would improve the efficiency of resolving issues instead of trying to go through Superior Court.

 

New Business Item 12D concerns an award of bid to Turf Robotics, LLC for the purchase of a new GPS robotic line painting machine for sports fields in an amount not to exceed $41,950. The machine cuts down on labor costs and uses satellite technology.

 

New Business Item 12E concerns an amendment to an award of contract to Clifton Larson Allen, LLP for Professional Audit Services to comply with new GASB-87 reporting requirements with respect to leases in an additional amount not to exceed $20,305 for the FY2022 audit, and an additional annual cost thereafter of $5,425. GASB-87 requires that all of the Town’s leases be tabulated through an audit to see what the Town’s liabilities are. The purpose of this amendment is to meet the updated GASB standard in order to retain the Town’s bond rating and financial stability status.

 

New Business Item 12F authorizes the Tax Assessor to abate taxes in the total amount of $10,454.37, as shown on Tax Abatement Request No. 605.

 

New Business Item 12G authorizes the Tax Assessor to abate taxes in the total amount of $26,209.48, as shown on Tax Abatement Request No. 606.

 

New Business Item 12H authorizes a Mutual Aid Agreement with the Town of Narragansett for South Kingstown police services in Jerusalem. Due to the location, it is more practical and efficient for South Kingstown Police to provide police coverage in Jerusalem than the Narragansett Police. The Town of Narragansett will pay a nominal fee in the amount of $8,000 annually for these services. It is noted that if the area were to go without police coverage the resident’s insurance premiums would increase substantially.

 

Discussion ensues relative to adding an item to the Agenda for discussion relative to the East Matunuck Beach parking lot reconstruction.

 

Convened to Regular Session.

 

 

Susan M. Flynn, CMC

Town Clerk

 

 

 

 

 

REGULAR SESSION

 

SEPTEMBER 12, 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 12^th day of September 2022 at 7:30 PM.

 

            PRESENT:     Rory H. McEntee, President

Abel G. Collins, Vice President

Deborah D. Bergner

Deborah J. Kelso

Jessica L. Rose

 

 

 

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.

 

C.        ROLL CALL

 

Roll Call is taken and all members are present.

 

3.         INTRODUCTION OF NEW POLICE COMPASSION DOG, LEO

 

The Town Manager reviews the Compassion Program and its introduction into law enforcement with the purpose of de-escalating tense situations with victims who have experienced a traumatic incident. The program involves outreach to children, seniors, victims of crime and as needed for crisis response in the community. The Town has officially adopted compassion dog, Leo for this new Program.

 

Mr. Manni thanks the breeders Keri and Michael Buckley for donating Leo, Rumford Pet Center for offering to provide Leo food and baths for life, and AT&T for their monetary donation to the Compassion Program.

 

Officer Bryan Monte and Police Chief Moynihan introduce Leo, the new compassion dog with the South Kingstown Police Department. Chief Moynihan reviews Leo’s mission to ease the tension during stressful situations.

 

The Town Council directs that a letter of thanks be sent to the breeders, Rumford Pet Center, and AT&T.

 

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS

 

A.        Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on August 9, 2022 are accepted, approved and placed on file.

 

B.        Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on August 9, 2022 are accepted, approved and placed on file.

 

C.        Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on August 9, 2022 are accepted.

 

5.         CONSENT AGENDA

 

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

 

(CA)    8F.       UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --…  “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members.  Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

 

(CA)    12C.    UNANIMOUSLY VOTED: to authorize an amendment and extension of an award of bid to CDM Smith Inc. (formerly known as Camp, Dresser and McKee, Inc.), 75 State Street, Suite 701, Boston, MA 02109 for WebGIS Hosting and Technical Support Services in an amount not to exceed $6,200 for FY2023; and as further described in a memorandum from the GIS Administrator to the Town Manager dated August 30, 2022 and entitled “CDM Smith WebGIS Contract Renewal” and a proposal from CDM Smith dated August 5, 2022 and entitled “Proposal for Hosting / GIS Support Services.”

 

(CA)    12I.      UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --…  “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members.  Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

 

6.         LICENSES

 

Christopher J. Simpson 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 1, 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; New.

 

7.         PUBLIC HEARINGS

 

A.        Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, that would add Article III. Cannabis, as follows:

 

CHAPTER 12

OFFENSES AND MISCELLANEOUS PROVISIONS

 

ADD:

ARTICLE III. CANNABIS

 

Sec. 12-36. Definitions

For the purposes of this chapter, “cannabis” shall be defined by R.I. General Laws § 21-28.11-3(6), as amended.

 

Sec. 12-37. Prohibition Against Cannabis Smoking/Vaporizing in Public Places.

No person shall smoke or vaporize cannabis in public places, including outdoor common areas, parks, beaches, athletic and recreational facilities, and other public spaces.

 

Sec. 12-38. Enforcement.

Any person who violates the provisions of this chapter may be fined $100 for the first offense, up to $250 for a second offense, and up to $500 for a third offense.

 

This Ordinance shall take effect upon passage.

 

The Town Solicitor presents the Ordinance and notes that it is similar to regulations on smoking tobacco in public places. This Ordinance will prohibit the smoking and vaporizing of cannabis in all areas where smoking tobacco is prohibited.

 

Discussion ensues relative to the fines being cited in accordance with state law.

 

Dorald Beasley is present and comments on the upcoming referendum relative to allowing sales of recreational marijuana in the Town. Regardless of the referendum outcome, existing compassion centers can still sell recreational cannabis if the correct licenses are obtained.

 

Gary Chapman is present and comments on the definition of public places.

 

The Town Solicitor clarifies public places is defined as any place where the public is invited. Fines would start at $100 for the first offense, $250 for the second offense, and $500 for the third offense in accordance with the RI Cannabis Act.

 

UNANIMOUSLY VOTED: to close the Public Hearing.

 

UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, that adds Article III. Cannabis, as follows:

 

CHAPTER 12

OFFENSES AND MISCELLANEOUS PROVISIONS

 

ADD:

ARTICLE III. CANNABIS

 

Sec. 12-36. Definitions

For the purposes of this chapter, “cannabis” shall be defined by R.I. General Laws § 21-28.11-3(6), as amended.

 

Sec. 12-37. Prohibition Against Cannabis Smoking/Vaporizing in Public Places.

No person shall smoke or vaporize cannabis in public places, including outdoor common areas, parks, beaches, athletic and recreational facilities, and other public spaces.

 

Sec. 12-38. Enforcement.

Any person who violates the provisions of this chapter may be fined $100 for the first offense, up to $250 for a second offense, and up to $500 for a third offense.

 

This Ordinance shall take effect upon passage.

 

8.         COMMUNICATIONS

 

A.        Valerie Speredelozzi is present and testifies that the group continues to work on a proposal for submission to the RI Department of Education (RIDE) for a Spanish language immersion charter school. Ms. Speredelozzi requests a letter of support from the Town Council for the proposed school and potential rental of the South Road School building.

 

Discussion ensues relative to the need for a comprehensive plan before committing Town Council support, and the projection of total number of students.

 

Ms. Speredelozzi reviews her proposal that includes a K – 5 school with 2 classrooms per grade, 22 students per class totaling 260 students per school that is open to all Rhode Island students, and there are three alternative locations for the school.

 

Discussion ensues relative to concerns of siphoning potential resources and budget from the School Department, the number of existing charter schools, and the SK School Department redistricting currently ensuing within the Town. Discussion further ensues relative to the preference that the SK School Committee revisit the Dual Language Immersion Program for all children to benefit from, the monies sent to charter schools, and the potential repercussions of opening another charter school. It is important to solicit community involvement if vacant school buildings are going to be repurposed. A facility needs assessment was not completed by the School Building Committee for the South Road School building, and it’s unknown how much money the South Road School building would need from the Town in deferred maintenance costs.

 

UNANIMOUSLY VOTED: that an email dated August 3, 2022 from Valerie Speredelozzi requesting a letter of support for a proposed new Spanish language immersion charter school and potential rental of the South Road School building is continued from August 9, 2022, and an email dated September 7, 2022 providing additional details is received and placed on file.

 

B.        UNANIMOUSLY VOTED: that a letter dated August 10, 2022 from Russell Brown tendering his resignation from the Zoning Board of Review is accepted, and the Town Council directs that a letter of thanks be sent.

 

C.        UNANIMOUSLY VOTED: that an email dated August 18, 2022 from the Exeter Town Council requesting support from the RI League of Cities and Towns for legislation mitigating the negative effects of House Bill H8220 SubA An Act Relating to Taxation – Levy and Assessment of Local Taxes relative to assessment of renewable energy resources is received and placed on file.

 

The Tax Assessor reviews the taxation methods of South Kingstown and explains the Town of Exeter assesses renewable energy as real estate instead of tangible property. South Kingstown already assesses renewable energy as tangible property and this legislation is revenue neutral for the Town.

 

D.        It is noted that the SK High School woodshop students are creating a “300” frame, Seascape will then install the lighting onto the frame that will be hung at Town Hall for the Lighting Ceremony, and the Wakefield Village Association has volunteered to sponsor the event.

 

UNANIMOUSLY VOTED: that a letter dated August 22, 2022 from Joanne Esposito, 300^th Anniversary Steering Committee Chair requesting approval for a Town Hall Lighting Ceremony on Saturday, December 17, 2022 is received, placed on file, and the request is approved.

 

E.         John Barbato is present and comments on traffic issues on Old North Road. There are issues with speeding, wrong way traffic, URI delivery trucks, and an increased volume of traffic. It is requested that traffic controls such as solar powered speed indicators, speed bumps and crosswalks be installed, and more “Do Not Enter” signs be placed on the one-way roads to mitigate some of these problems.

 

Mr. Manni reviews the seriousness of this issue, traffic and speeding being a Town-wide issue, and Chief Moynihan’s plans to hold a public forum in the future to discuss traffic issues and potential solutions to create a comprehensive plan to mitigate these problems.

 

Discussion ensues relative to enhanced enforcement and partnering with URI to spread awareness of the traffic regulations. It is noted that the Bicycle Pedestrian Advisory Committee have spent years of study on traffic problems and needed improvements.

 

UNANIMOUSLY VOTED: that an email dated September 7, 2022 from Susan Barbato requesting traffic controls on Old North Road in the Kingston Historic District is received, placed on file, and referred to the Town Manager.

 

9.         COMMENTS FROM INTERESTED CITIZENS

 

Council President McEntee invites residents to come forward with comments.

 

Holly Ferguson is present and comments on traffic issues on Old North Road.

 

Dorald Beasley comments on traffic issues in Kingston and Old North Road, the increase of newly constructed homes, and in support of opening Old North Road to a two-way road all the way instead of a one-way.

 

Valerie Speredelozzi comments in opposition to Old North Road becoming a two-way street with a traffic light and is in support of increased traffic enforcement and signage.

 

Jim O’Neill is present and comments on a news article relative to Sweet Spot Cannabis Dispensary (compassion center) located in South Kingstown to offering home delivery from its Warwick grow center. Mr. O’Neill states this allows the dispensary to avoid zoning regulations. Concerns are expressed relative to compassion centers still being able to obtain a recreational cannabis sales license even if the referendum on the upcoming November election does not pass.

 

Maria Delanis is present and comments on moving to South Kingstown, and in support of a Spanish language immersion charter school if the public school’s Dual Language Immersion Program is not reinstated.

 

Karen Ramsey is present and comments on the Town-wide water ban and looking for an update on potential drought funding. Ms. Ramsey also comments on the potential Spanish language immersion charter school.

 

Dorald Beasley comments on school per pupil expenses and money paid for out of district children.

 

12A.    New Business Item 12A is brought forward and read, and it is

 

UNANIMOUSLY VOTED: to adopt a proclamation recognizing September 2022 as Military Suicide Awareness Month in the Town of South Kingstown, as follows:

 

MILITARY SUICIDE AWARENESS MONTH

 

WHEREAS,    family matters, support matters, and every military Veteran matters, this September, Suicide Prevention Month encourages Veterans and their loved ones to focus on the things that give life meaning, the things that matter; anyone who knows a Veteran can help, and

 

WHEREAS,    whether a Veteran has just returned home or served years ago, their experiences remain with them, their wounds might not be visible, but they need our attention. We can support Veterans who are dealing with challenges of all kinds; we’re in this together, and

 

WHEREAS,    the U.S. Department of Veterans Affairs (VA) urges groups and individuals nationwide to stay alert for signs of suicide risk in the Veterans they care about.  If you’re concerned about the Veteran in your life, lending a hand doesn’t have to be hard, just talking about it opens the door to finding support and the Veterans Crisis Line can help, and

 

WHEREAS,    the first step in preventing suicide is to understand the warning signs; people may show signs of risk before considering harming themselves. Warning signs include: hopelessness, anxiety, agitation, sleeplessness, or mood swings, rage or anger, engaging in risky activities, increasing alcohol or drug abuse, and withdrawing from family and friends.

 

WHEREAS,    the Veterans Crisis Line is a free, confidential resource that Veterans and their families and friends can access any day, any time. Trained professionals at the Veterans Crisis Line, many who are Veterans themselves are ready to listen, providing free confidential support, 24/7, 365 days a year, and 

 

WHEREAS,    the VA counts on grassroots networks and community organizations to spread the word that support is just a call, click, or text away.  It’s up to all of us to get educated, get involved, and take action to help Veterans access the support and care they deserve, and

 

NOW THEREFORE WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN proclaim September 2022 as MILITARY SUICIDE AWARENESS MONTH in the Town of South Kingstown and request our residents to let a Veteran know they are not alone and that they matter.

 

Judy Munson with Veterans of Foreign Wars Post 916 Women’s Auxiliary is present and introduces President Erica Westbrook.

 

President Westbrook comments on her experience as a US Marine Corps veteran. President Westbrook reads suicide letters from a soldier, and a letter from a mother whose son committed suicide after serving in the military. Ms. Westbrook thanked the Council for this proclamation.

 

10.       TOWN MANAGER’S REPORT

 

The Town Manager notes that early voting for the Primary Election ended today and approximately 950 residents have voted. Mr. Manni commends the Town Clerk’s office for their hard work and dedication during this time.

 

Mr. Manni reviews the Bike Path safety project. The Bike Path is in need of an update and Town Staff are currently drafting a plan to put in place to increase safety. The RI Department of Transportation (RIDOT) has also offered resources to assist in implementing the plan. Parks and Recreation staff are clearing the brush and debris around the area for better visibility. The proposed Bike Path updates are as follows: striping pattern/color, new signage at intersections, flashing crosswalk lights, and stop signs. The importance of increasing bicyclist education on traffic laws and safety is noted, and a new proposed program to have police officers on bicycles patrolling the Bike Path.

 

Mr. Manni provides an update on the clean up of Old Tower Hill Road. Phase I included clearing out the weeds, Phase II included clearing the drains, and now the Town is in Phase III which includes RIDOT’s contractor to clean, maintain, and plant what’s needed in the bio-retention areas. Phase IV will include re-planting, and Phase V will include on-going maintenance.

 

The Town Manager discusses the Town-wide water ban and there is no short-term solution to this long-term problem. The upcoming RI Drought Advisory Subcommittee meeting is going to discuss the drought issues within the State of Rhode Island. Mr. Manni reviews the water purchased from Veolia and the insufficient amount of water going into the Town’s system every night. The Town needs to find new water sources to supplement what it already has. It is noted that the Town is seeking assistance from the congressional delegation and the Town plans to apply for an earmark to help pay for a new filtration system for the wells at Green Hill Pond.

 

The Town Manager provides an update on the parking lot reconstruction at East Matunuck State Beach. Mr. Manni was contacted by RIDOT and RI Department of Environmental Management (RIDEM) concerning the traffic and parking issues at East Matunuck State Beach. RIDEM and RIDOT are looking to make improvements to mitigate the traffic issues by adding three lanes to enter the beach parking lot and move the pay stations closer to the parking lot. In order to make these improvements RIDOT needs to close the entire parking lot. Mr. Manni states he will contact RIDOT and RIDEM to find out the plan for alternative parking areas for residents to continue to access the beach, and will provide an update at the next meeting.

 

Discussion ensues relative to feedback given by the public, and Town Ordinances in place that may affect alternative parking areas. It is noted that the School Building Committee will be holding a meeting on Wednesday, September 14, 2022, and submitting Stage I application to RIDE.

 

The Town Manager’s Interim Report dated September 8, 2022 is accepted, approved and placed on file.

 

12.       NEW BUSINESS

 

B.        UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing to consider proposed amendments to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, that would add Article IV. Municipal Court and Housing Court, as follows:

 

PROPOSED AMENDMENTS TO THE TOWN CODE

 

CHAPTER 12

OFFENSES AND MISCELLANEOUS PROVISIONS

 

***

ADD:

ARTICLE IV. MUNICIPAL COURT AND HOUSING COURT

 

Sec. 12-50. Establishment.

Pursuant to Title 45, Chapter 2, Section 67 of the General Laws of the State of Rhode Island, there is established a Municipal Court and a Housing Court for the Town of South Kingstown. The Court shall commence on July 1, 2023.

 

Sec. 12-52. Appointment, term and qualifications of Judge.

A. The Municipal Court shall be composed of one Judge appointed by the Town Council for a two-year term to run concurrent with the Council and until a successor is appointed.

 

B. The Municipal Court Judge shall be a lawyer admitted to practice before the Supreme Court of the State of Rhode Island in good standing and shall have not less than ten years of experience in the active practice of law in the State of Rhode Island.

 

C. The Municipal Court Judge shall not hold any other Town office or Town position during his/her term, whether the same is elected or appointed.

 

D. The Municipal Court Judge shall not be permitted to appear before any court, board or agency within the Town of South Kingstown and/or the State of Rhode Island, including but not limited to the Town Council, Zoning Board of Review, Planning Board, School Committee, Probate Court, District Court or Superior Court, wherein the matter to be before said court, board or agency concerns a local matter or case.

 

E. The Housing Court Judge may be, but is not required to be, the same person(s) appointed as Judge of the Municipal Court. The Housing Court Judge shall meet the qualifications and abide by the restrictions outlined above for the Municipal Court Judge.

 

Sec. 15-53. Municipal Court Clerk/Housing Court Clerk.

A. The Clerk of the Court shall be appointed by the Town Manager to serve for an indefinite term. The Town Manager may appoint such other assistants as may be deemed necessary for the Court to carry out its duties.

 

B. The Clerk of the Court shall keep a regular docket of all cases disposed of, shall record the judgments, orders and sentences of said Court, and shall furnish certified copies thereof, when required, for which copies said Clerk shall charge the same fees as are allowed by law to be charged by Clerks of the District Court of the State of Rhode Island. The Clerk's office shall be open to the public during such hours as the Court shall determine from time to time.

 

C. When it is deemed necessary during the absence of the Municipal Court Clerk, the Town Manager may appoint an Acting Municipal Court Clerk who shall meet the same qualifications and shall perform all duties of the Municipal Court Clerk and in the performance of said duties shall have the same effect as if performed by the Municipal Court Clerk.

 

D. The Clerk may be assigned duties in addition to the duties of Municipal Court Clerk, but in no way shall the additional duties interfere with the primary duties of the Municipal Court Clerk.

 

E. The Housing Court Clerk may be, but is not required to be, the same person(s) appointed as Clerk of the Municipal Court.

 

Sec. 15-54. Seal; administering of oaths.

A. The Municipal Court and Housing Court shall have a seal which shall contain such words and devises as the Town Council shall adopt and approve.

 

B. The Municipal Court Judge and/or the Municipal Court Clerk and the Housing Court Judge and/or the Housing Court Clerk shall have the power to administer oaths and affirmations.

 

Sec. 15-55. Sessions of Municipal Court and Housing Court.

The Municipal Court and Housing Court shall be considered to be in session at all times and in such place or places in the Town of South Kingstown as said Court or Justice holding said sessions shall so appoint and determine, subject, however, to the provisions that the Court shall hold no less than one session a month in the South Kingstown Town Hall Building on such days, times and in such places to be determined by the Municipal Court Judge and Housing Court Judge.

 

Sec. 15-56. Jurisdiction of Municipal Court and Housing Court.

A. The Municipal Court shall have original jurisdiction to hear and determine causes involving the violation of any ordinance; provided, however, that any defendant found guilty of any offense, excluding violations outlined in subsection (b) of this section, may, within seven (7) days of conviction, file an appeal from the conviction to the Washington County superior court and be entitled in the latter court to a trial de novo.

 

B. The Housing Court shall have original jurisdiction to hear and determine  causes involving the violation of the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title (the Rhode Island zoning enabling act of 1991); any violation of chapter 24.1 of this title (the historical zoning act); any violation of chapter 24.2 of this title (minimum housing standards act); any violation of chapter 24.3 of this title (housing maintenance and occupancy code); any violation of chapter 23 of this title (subdivision and land development act); any violation of any local South Kingstown ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3 of title 23 (the Rhode Island state building code); and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state building code; SBC-2 Rhode Island state one and two (2) family dwelling code; SBC-3 Rhode Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy conservation code; and SBC-19 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgment, decree, or order of the South Kingstown housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the Washington County superior court and be entitled in the latter court to a trial de novo.

 

C. With respect to violations falling under the jurisdiction of the Housing Court, as outlined in subsection (B) of this section, the Town Council hereby confers upon said Housing Court, in furtherance of the aforementioned jurisdiction, the power to proceed according to equity:

 

 

(1) To restrain, prevent, enjoin, abate, or correct a violation;

(2) To order the repair, vacating, or demolition of any dwelling existing in violation;

(3) To otherwise compel compliance with all provisions of said ordinances and statutes; or

(4) To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property that shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

 

Sec. 15-57. Power to impose penalties.

The Municipal Court and Housing Court are empowered to impose a sentence as provided in Chapter 1, Sec. 9, General Penalty; provided, however, that the Courts shall not be empowered to impose imprisonment as a penalty. The Municipal Court and Housing Court shall also have the power to compel the attendance of witnesses and to punish persons for contempt and to authorize and execute search warrants to the extent that the same could be authorized and executed by a Justice of the District Court.

 

Sec. 15-58. Complaints, warrants and writs.

A. It shall be lawful for the Judge of the Municipal Court and Housing Court to prescribe and vary the form of all complaints, warrants, writs or other process, as to make the same consistent with the organization, style and jurisdiction of said Courts; and such complaints, warrants, writs and other process shall have the same effect, validity, and extent, and be served, obeyed, enforced and returned, in the same manner and by the same officers, as if issued from the District Courts; and they may be served by any officer or official of the Town who is authorized to serve process in civil or criminal cases.

 

B. In all cases involving motor vehicle violations, the Municipal Court shall operate in a manner consistent with RIGL Title 31, Chapter 41.1, and with the procedures of the traffic tribunal of the district court. In all other cases, the Municipal Court and Housing Court shall operate under the state district court rules of civil or criminal procedure, as amended; provided, however, that a case may be charged either by complaint, or by summons or citation issued by the authorized officer or official of the Town at the discretion of the Municipal Court Judge or Housing Court Judge.

 

Sec. 15-59. Costs.

The Municipal Court and Housing Court shall be authorized to tax costs in the same manner as those taxed by the District Courts of the State of Rhode Island. The payment of said costs shall be a part of the sentence to the extent that the same would be in the District Courts. All payments of costs shall be deposited in the general fund of the Town of South Kingstown.

 

Sec. 15-60. Temporary disability or disqualification; Acting Judge; qualifications and duties.

In the event of the temporary disability or disqualification of the Judge of the Municipal Court and/or Housing Court so that he or she is unable to perform his or her duties, the Council may appoint an Acting Judge to serve during such temporary disability or disqualification and until such disability or disqualification shall cease. An Acting Municipal Court Judge and/or Housing Court Judge must meet the same qualifications and shall perform all duties of the Municipal Court Judge and/or Housing Court Judge and, in the performance of said duties, shall have the same effect as if performed by the Municipal Court Judge or Housing Court Judge.

 

Sec. 15-61. Compensation of Judge.

The compensation of the Municipal Court Judge and Housing Court Judge shall be set by the Town Council of the Town from time to time and in the sole discretion of the Town Council.

 

Sec. 15-62. Contempt of Court.

The Municipal Court and Housing Court may punish any contempt of its authority by fine as provided in Chapter 1, Sec. 9, General Penalty; provided, however, that the Courts shall not be empowered to impose imprisonment as a penalty for contempt.

 

Sec. 15-63. Filing of complaints.

Subject to any other provisions of law relative to the filing of complaints for particular crimes, any Judge of the Municipal Court may place on file any complaint in a criminal case other than a complaint against a person who has been convicted of a felony or a private complaint. The Court may, in its discretion, require as a condition of such filing the performance of services for the public good or may attach such other conditions thereto as such Court shall determine. If no action is taken on such complaint for a period not to exceed one year following such filing, such complaint shall be automatically quashed and destroyed. Filing of complaints shall not be available for violations of laws/ordinances under the jurisdiction of the Municipal Court.

 

Sec. 15-64. Failure to appear.

Failure to appear in answer to a summons, subpoena or complaint may be punished by a fine not over $50.

 

Sec. 15-65. Bail Commissioners; qualifications.

A. Bail Commissioners. The Judge of the Municipal Court shall from time to time appoint, with power to revoke such appointments, Bail Commissioners who shall be authorized to set and take bail, in all complaints bailable before the Municipal Court, from all respondents arrested on such complaints, and such Municipal Court Judge shall authorize the Bail Commissioners, as appointed by him or her, to issue warrants and complaints to the Municipal Court for any offense for which, by law, the Municipal Court Judge may issue a warrant and complaint, and all warrants as issued, and all complaints upon which bail is taken as aforesaid, shall be forthwith returned to the Municipal Court, provided that such Bail Commissioners shall not in any case or for any purpose have the power to issue search warrants.

 

B. Qualifications. A Bail Commissioner shall be an attorney at law in good standing who has been admitted to the practice of law in this state.

 

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This ordinance shall take effect upon passage.

 

D.        UNANIMOUSLY VOTED: to authorize an award of bid to Turf Robotics, LLC, 1041 New Britain Avenue, West Hartford, CT 06110 for the purchase of a new GPS robotic line painting machine in accordance with all bid specifications in an amount not to exceed $41,950; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated September 6, 2022 and entitled “Bid Recommendation, GPS Robotic Line Painting Machine.”

 

E.         UNANIMOUSLY VOTED: to authorize an amendment to an award of contract originally granted on April 11, 2022 to Clifton Larson Allen, LLP, 1 Capital Way, Cranston, RI 02910 and 29 South Main Street, 4^th Floor, West Hartford, CT 06107 for Professional Audit Services to comply with new GASB-87 reporting requirements with respect to leases in an additional amount not to exceed $20,305 for the FY2022 audit, and an additional annual cost thereafter of $5,425; and as further described in a memorandum from the Finance Director to the Town Manager dated September 6, 2022 and entitled “Amend Professional Audit Services Contract – New Reporting Guideline – GASB-87 (Leases).”

 

F.         UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $10,454.37, as shown on Tax Abatement Request No. 605.

 

G.        UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $26,209.48, as shown on Tax Abatement Request No. 606.

 

H.        UNANIMOUSLY VOTED: to authorize a Mutual Aid Agreement with the Town of Narragansett for South Kingstown police services in Jerusalem, as follows

 

MUTUAL AID AGREEMENT

BETWEEN SOUTH KINGSTOWN AND NARRAGANSETT

 

WHEREAS, the General Assembly enacted an Act relating to the Jurisdiction of the Police Departments of Narragansett and South Kingstown; and

WHEREAS, the police officers of the Town of South Kingstown pursuant to said act have police powers in that portion of Narragansett commonly called Jerusalem; and

WHEREAS, the Towns are desirous of entering into an agreement for South Kingstown to police the Jerusalem areas.

NOW THEREFORE, the Town of Narragansett and the Town of South Kingstown, for consideration of the mutual agreements herein contained, do hereby covenant and agree as follows:

1.                The Town of South Kingstown hereby agrees to annually provide total police coverage in the Village of Jerusalem to include routine police patrols, responding to all complaints and calls for service, and conducting investigations associated with complaints.

2.                The term of the agreement shall be for a three-year period from the date set forth above and may be renewed biennially by mutual agreement of the parties. This agreement may be terminated by either party by providing 30 days' notice to the other party. The consideration set forth in Paragraph 5 shall be pro-rated if the agreement is terminated prior to the end of the term.

3.                Police reports generated by the South Kingstown Police in Jerusalem will be made available to the Narragansett Police Chief.

4.                The South Kingstown Police will enforce all traffic and parking regulations in the Village of Jerusalem and forward any suggested amendments to parking regulations to the Narragansett Police Chief and/or the State Traffic Commission for consideration.

5.                The Town of Narragansett shall pay to the Town of South Kingstown the sum of Eight Thousand Dollars {$8,000.00} per annum subject to the annual rate being adjusted based on actual documented costs.

6.                The Town of Narragansett agrees to indemnify and hold harmless the Town of South Kingstown, its municipal departments, employees, town officials, and agents from any and all loss, liability, costs, damage, expenses, and claims of any kind which may hereinafter be incurred, suffered, or sustained in connection with the services performed by the Town of South Kingstown in the Village of Jerusalem, pursuant to the terms and conditions of this agreement, except for any and all losses, liabilities, costs, damages, expenses and/or claims that are related to the gross negligence or willful misconduct of the Town of South Kingstown or the South Kingstown Police Department.

7.                The Town of South Kingstown agrees to indemnify and hold harmless the Town of Narragansett, its municipal departments, employees, town officials, and agents from any and all losses, liabilities, costs, damages, expenses, and/or claims of any kind which may hereinafter be incurred, suffered, or sustained related to the gross negligence or willful misconduct of the Town of South Kingstown or the South Kingstown Police Department in connection with the services performed by the Town of South Kingstown in the Village of Jerusalem, pursuant to the terms and conditions of this agreement.

This agreement encompasses the entire agreement between the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written.

 

11.       APPOINTMENTS

 

UNANIMOUSLY VOTED: to promote Kevin Diamond from Alternate # 1 to full member on the Zoning Board of Review to fill a term to expire March 2025.

 

UNANIMOUSLY VOTED:  to adjourn at 9:24 PM.

 

 

Susan M. Flynn, CMC

Town Clerk