Click to view the entire meeting or click any video icon below to jump to that section of the meeting.

WORK SESSION

SEPTEMBER 26, 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 26^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. INTERVIEWS

The Town Council interviews J. Vernon Wyman concerning his interest in being reappointed to the Conservation Commission.

The Town Council interviews David Hill concerning his interest in being appointed to the Historic District Commission.

Patrick Farrell, applicant for the Zoning Board of Review is not present.

1. B. WORK SESSION

James M. Manni, Town Manager notes that the Licenses on this evening’s Agenda are all renewals.

The Town Manager reviews Public Hearing Item 7A relative to proposed amendments to the Town Code that would add a Municipal Court and a Housing Court. Mr. Manni notes that in May 2019 enabling legislation was proposed allowing South Kingstown to establish a municipal court and the legislation was enacted in January 2020. It is proposed that the Municipal Court and Housing Court be fully operational by July 2023 with an annual budget of $150,000. Mr. Manni reviews the budgets and processes of neighboring Towns, and requests the Courts be under the responsibility of the Town Clerk’s Office. The purpose of Municipal Court is to better exercise local enforcement with violations of Town ordinances in an efficient manner. A portion of the fines collected would go to the Town’s General Revenue Fund.

The Town Manager reviews the Communication items on this evening’s Agenda, beginning with Item 8A concerning a resolution from the Warren Town Council requesting the State partner with municipalities to provide high-speed broadband access to everyone.

Communication Item 8B concerns a request from Diane and Michael Johnson for temporary parking accommodations along Succotash Road during the East Matunuck State Beach parking lot reconstruction. The RI Department of Environmental Management (RIDEM) cannot allow entrance to the parking lot during construction due to the depth of the trenches and wire exposure because it is a huge safety risk. Mr. Manni will put in a request for a temporary parking allowance on Succotash Road.

Communication Item 8C concerns an email from Laura Lee Costello, Executive Director, South Kingstown Housing Authority requesting a $50,000 grant from ARPA funds. The Town has approximately $425,000 for non-profit and social services, and $325,000 designated for affordable housing specific ARPA funds. The Town has several million dollars’ worth in grant requests from other organizations and in keeping everything transparent and fair, the Town must create an application process. The applicants would then be brought to the Council to decide where to designate the grant funding. It is requested to refer this item to staff to establish a process.

Communication Item 8D concerns a memorandum from the Waterfront Advisory Commission requesting the Town Council authorize full funding for the Marina Park Boat Ramp Construction Project. Mr. Manni notes the critical need for this project. Capital funds are available in the amount of $300,000 for the project, but the full cost of reconstructing the boat ramp would cost approximately $600,000. The Town has put in a request for grant funding from RIDEM to offset costs, and there are some available funds from the Recreational Impact Fees and Beach Capital Reserve Fund.

Communication Item 8E concerns an email from Maggie Clune concerning 1) improvement to the bike/running path at Crest Avenue, 2) offer senior tax deductions for volunteer hours, and 3) influence the Town of Narragansett to ban plastic bags. It is noted that the Town of Narraganset has enacted a plastic bag ban ordinance that will take effect in January 2023. Mr. Manni reviews the bike/running path at Crest Avenue which is located on privately-owned land and the Town will research the area further to see if a solution can be reached. There is currently no plan in place to offer senior tax deductions for volunteer hours, and it is requested to refer this back to staff for further study.

Mr. Manni notes that during the Town Manager’s Report he will review safety concerns communicated by homeowners located near Trustom Pond in response to hunting on national wildlife refuges near their properties.

The Town Manager reviews the New Business items on this evening’s Agenda, beginning with Item 12A concerning an extension of an award of contract originally granted on June 10, 2019 to Tom Irwin, Inc. for the purchase of turf management supplies and consulting services.

New Business Item 12B would authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 19 Utilities, Article II. Wastewater Management. The proposed amendments are required by RIDEM involving breweries, their discharge, and how it affects the wastewater treatment plant.

New Business Item 12D would authorize the Town Manager to execute a 1^st amendment to the cellular antenna lease with T-Mobile Northeast, LLC for the Town’s Mautucket Road water tank. The Town received approximately $3,700 a month under the current lease agreement and will increase to $4,000 a month with this amendment.

New Business Item 12E concerns an award of contract to Connectivity Point for installation of an enhanced security system to include electronic access points at the Peace Dale, Kingston Free and Robert Beverly Hale Libraries in an amount not to exceed $21,023.

New Business Item 12F concerns an award of bid to Liberty Chevrolet for a 2024 Chevrolet CK20903 pickup with plow in an amount not to exceed $52,879, with $13,879 in funding from the Capital Equipment Reserve Fund. Mr. Manni notes the critical need for this vehicle.

Convened to Regular Session.

Susan M. Flynn, CMC

Town Clerk

REGULAR SESSION

SEPTEMBER 26, 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 26^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.

3. ROLL CALL

Roll Call is taken and all members are present.

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 12, 2022 are accepted, approved, and placed on file

B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on September 12, 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) 6A. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to Jools LLC d/b/a Java Madness 134 Salt Pond Road, South Kingstown RI 02879 to expire December 1, 2022. Application by Mark LaHoud, Member; Renewal. License No. 59708.

(CA) 6B. UNANIMOUSLY VOTED: to grant a Victualling License for the year beginning December 1, 2022 DE Foods, Inc. d/b/a KFC/Taco Bell, 139 Old Tower Hill Road, Wakefield, RI 02879. Application by David E. Evans, President; Renewal. License No. 73090.

(CA) 6C. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2022 to the following; Renewals:

Crops B&B LLC d/b/a Crops Beauty & Barber, 99 Fortin Road, Kingston, RI 02881. Application by Madelyn Selwyn, Member. License No. 62400.

DEG LLC d/b/a Wakefield Books, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Robert Ryan, Member. License No. 60853.

Eloquence Jewelers, LLC d/b/a Eloquence Jewelers, 36 South County Commons Way, Unit C1, Wakefield, RI 02879. Application by Jennifer Lantz, Member: License No. 59223.

Matunuck Beach Properties, Inc. d/b/a Roy Carpenters Beach, 240 Cards Pond Road, Wakefield, RI 02879. Application by Christa Sisson, Vice-President and Treasurer. License No. 59268.

TPS Group Holdings, LLC d/b/a The Paper Store, 160 Old Tower Hill Rd, Suite 12, Wakefield, RI 02879. Application by Lisa Grant, Facilities Manager. License No. 69591.

Spirit Recognition, Inc. d/b/a University Spirit, 99 Fortin Road, Kingston, RI 02881. Application by Robert Marshall, President. License No. 60846.

(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 award of purchase to Ricoh USA Inc., PO Box 827577, Philadelphia, PA 19182-7577 for a multi-function copier, per State of RI Master Price Agreement #337, in an amount not to exceed $7,641; and as further described in a memorandum from the Chief of Police to the Town Manager dated September 15, 2022 and entitled “Recommendation for Purchase – Multi-Function Copier.”

(CA) 12G. UNANIMOUSLY VOTED: to authorize an award of bid to Wright Trailers Inc., 1825 Fall River Avenue, Seekonk, MA 02771 for a 2023 “Load Trail” gravity tilt bed equipment trailer in an amount not to exceed $9,950; and as further described in a memorandum from the Public Services Director to the Town Manager dated September 22, 2022 and entitled “Bid Recommendation – Gravity Tilt Bed Equipment Trailer.”

(CA) 12H. 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.”

7. PUBLIC HEARING

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 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.

***

This ordinance shall take effect upon passage.

The Town Manager presents the proposed ordinance and explains that in May 2019 enabling legislation was proposed allowing South Kingstown to establish a Municipal Court and Housing Court, and the legislation was enacted in January 2020. There are 28 of the 39 Rhode Island Cities and Towns that have established municipal courts. If approved, it is intended for the South Kingstown Municipal and Housing Courts to be operational by July 2023 with an approximate budget of $150,000 a year. Mr. Manni notes that the proposed annual budget is comparable to the Towns of Westerly and Narragansett. Municipal Court will assist in providing the Building Official with resources to enforce code violations. Currently the Town must go through Superior Court for code violations which greatly affects the efficiency of correcting violations, and all fines issued by the Town go directly to the State. Municipal Court will also allow the Town to retain two-thirds of the fines issued by the Police Department and Building Official. It is recommended that Municipal Court operations be placed in the Town Clerk’s Office to avoid the appearance of impropriety at the Police Department.

Amy Goins, Assistant Town Solicitor notes the proposed ordinance establishes a municipal court in accordance with enabling legislation passed by the General Assembly.

Discussion ensues relative to initial funding to establish municipal court, and reserve funds being available.

Bob Trager is present and comments in support of establishing a Municipal Court and Housing Court.

UNANIMOUSLY VOTED: to close the Public Hearing

A motion is made and seconded to adopt amendments to the Town Code.

Further discussion ensues relative to establishing the Municipal Court within the Town Clerk’s Office and the term and process of appointing a judge for the Courts.

UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 12 Offenses and Miscellaneous Provisions, that add Article IV. Municipal Court and Housing Court, as follows:

AMENDMENTS TO THE TOWN CODE

CHAPTER 12

OFFENSES AND MISCELLANEOUS PROVISIONS

ARTICLE IV. MUNICIPAL COURT AND HOUSING COURT

Sec. 12-50. Establishment.

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.

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.

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

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

(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

Sec. 15-57. Power to impose penalties.

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

Sec. 15-59. Costs.

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

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.

Sec. 15-63. Filing of complaints.

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.

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.

***

This ordinance shall take effect upon passage.

8. COMMUNICATIONS

A. Discussion ensues, and it is

UNANIMOUSLY VOTED: that a resolution dated September 6, 2022 from the Warren Town Council requesting the State partner with municipalities to develop a comprehensive plan to provide high speed broadband access to all residents and businesses is received, placed on file, and the Town Council voted to support this request.

B. The Town Manager reviews RIDEM’s current reconstruction project of the East Matunuck State Beach parking lot. It is noted that the Town has reached out to RIDEM and the RI Department of Transportation (RIDOT) to come up with alternative parking solutions for residents to enter the beach.

UNANIMOUSLY VOTED: that an email dated September 18, 2022 from Diane and Michael Johnson requesting temporary parking accommodations along Succotash Road near East Matunuck State Beach during the parking lot reconstruction is received, placed on file, and referred to the Town Manager.

C. Laura Lee Costello, Executive Director of the South Kingstown Housing Authority (SKHA) and Linda Tucker SKHA Board Member are present and testify relative to their request and future goals of the SKHA.

Discussion ensues relative to consultants Weston and Sampson’s scope of work in relation to the vetting process for grant requests, and efforts made by the Planning Department to establish a grant funding application process.

UNANIMOUSLY VOTED: that an email dated September 19, 2022 from Laura Lee Costello, Executive Director, South Kingstown Housing Authority requesting a grant in the amount of $50,000 from the Town’s ARPA funds designated for affordable housing projects in the community is received, placed on file, and referred to Town Staff.

D. Mike Sherry, Chairman of the Waterfront Advisory Commission is present and testifies relative to the critical need for the boat ramp construction.

UNANIMOUSLY VOTED: that a memorandum dated September 21, 2022 from the Waterfront Advisory Commission requesting the Town Council to authorize full funding of the Marina Park Boat Ramp Construction Project should alternative funding be unavailable is received, placed on file, and referred to the Town Manager.

E. Maggie Clune is present and testifies relative to the ownership and needed improvements of the path at Crest Avenue.

Discussion ensues relative to proposing the Crest Avenue path improvements as a project for the Eagle Scouts, the SK Land Trust, Girl Scouts, or Prout School. Town Staff will continue to research the area.

Ms. Clune continues her testimony relative to her request to implement senior tax deductions for volunteer hours and influence the Town of Narragansett to ban plastic bags.

Discussion ensues relative to the potential of establishing and managing a program for senior tax deductions for volunteer hours. It is noted that Town of Narragansett’s plastic bag ban ordinance will go into effect in January 2023.

The Assistant Town Solicitor notes that the General Assembly enacted a statewide plastic bag ban that will supersede all municipal bag ban ordinances and will go into effect either January 2024 or one year from when RIDEM promulgates regulations.

UNANIMOUSLY VOTED: that an email dated September 21, 2022 from Maggie Clune concerning the bike/running path at Crest Avenue, proposed senior tax deductions for volunteer hours, and plastic bag usage in the Town of Narragansett is received, placed on file, and the Town Council further directs that the bike/running path at Crest Avenue be referred to the Town Manager, and the Town Manager and Town Staff study the potential feasibility of implementing a tax relief program for the volunteer hours for seniors.

9. COMMENTS FROM INTERESTED CITIZENS

Council President McEntee invites residents to come forward with comments.

Kenneth Burke is present and comments on the Bicycle-Pedestrian Advisory Committee (BPAC) Master Plan document and the proposed Green and Complete Streets ordinance. Mr. Burke states BPAC has made efforts in presenting the Green and Complete Streets ordinance proposal to other Town Boards and Commissions.

Dorothy Hill is present and comments on Kingston area traffic issues, and the lack of sidewalks. Ms. Hill notes that the proposed Green and Complete Streets ordinance would begin to address some of the town-wide traffic issues. The BPAC Master Plan will put the Town in a better position to request federal funding for bike and pedestrian projects.

It was voted to add to the Agenda for discussion purposes, the BPAC Master Plan.

The Town Manager reviews that the Planning Board determined a formal Master Plan should be developed and the Recreation Commission is also reviewing the BPAC Master Plan. Staff’s position on the BPAC Master Plan is that it is a stepping stone towards a more comprehensive Master Plan that will need to be developed. Mr. Manni notes that the Planning Department recommends a professional consultant be chosen to create a formal Master Plan.

The Council requests that James Rabbitt, Director of Planning be present at the next meeting to further discuss the development of a Master Plan, and proposed Green and Complete Streets ordinance.

Mark Yedlowski is present and comments on traffic issues in Kingston and the need for traffic calming measures.

Bob Trager comments on public participation, East Matunuck State Beach parking, and the Marina Park Boat Ramp Construction Project.

10. TOWN MANAGER’S REPORT

The Town Manager reviews his meeting with three residents who live on Coddington Way relative to safety concerns with hunting at Trustom Pond near their properties. The US Department of Fish and Wildlife Service (USFW) informed Mr. Manni that USFW has safety plans in place. Mr. Manni reviews the safety plan as follows: the area is for bow hunting only, ten hunters are allowed per week for a two-week period in designated areas, and per State Law hunters must be 200 feet from any dwelling. USFW will repost designated hunting areas, identify safety zones, close the refuge to other activity during the two-week hunting period, provide maps and apps to hunters, designate parking areas, and provide public notice before hunting ensues. Mr. Manni notes he informed the concerned residents of these safety plans and the residents were content with what’s in place.

The Town Manager’s Interim Report dated September 22, 2022 is accepted, approved and placed on file.

11. APPOINTMENTS

UNANIMOUSLY VOTED: to reappoint J. Vernon Wyman to the Conservation Commission for a term to expire September 2025.

UNANIMOUSLY VOTED: to appoint David Hill to the Historic District Commission to fill a term to expire in December 2022.

12. NEW BUSINESS

A. UNANIMOUSLY VOTED: to authorize an extension of an award of contract originally granted on June 10, 2019 to Tom Irwin, Inc., 11 A Street, Burlington, MA 01803 for the purchase of turf management supplies and consulting services at the specified unit pricing in accordance with all bid specifications, for the period September 15, 2022 through December 31, 2023; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated September 14, 2022 and entitled “Recommendation for Contract Extension, Turf Management Supplies and Consulting Services.”

B. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing 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 Limit (mg/l)*	Max. Daily Limit (mg/l)*
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.

D. UNANIMOUSLY VOTED: to authorize the Town Manager to execute a 1^st amendment to the cellular antenna lease with T-Mobile Northeast, LLC for the Town’s Mautucket Road water tank, 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 September 20, 2022 and entitled “T-Mobile Mautucket Water Tank Cellular Antenna Lease – 1^st Amendment.”

E. UNANIMOUSLY VOTED: to authorize an award of contract to Connectivity Point, 1 Wholesale Way, Cranston RI 02920 for installation of an enhanced security system to include electronic access points at the Peace Dale, Kingston Free and Robert Beverly Hale Libraries inclusive of all labor and materials, in accordance with State of RI MPA #419, in an amount not to exceed $21,023; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated September 20, 2022 and entitled “Recommendation of Award: Electronic Access Security Systems.”

F. UNANIMOUSLY VOTED: to authorize an award of bid to Liberty Chevrolet, 90 Bay State Road, Wakefield, MA 01880 for a 2024 Chevrolet CK20903 pickup with plow in an amount not to exceed $52,879, with $13,879 in funding from the Capital Equipment Reserve Fund; and as further described in a memorandum from the Public Services Director to the Town Manager dated September 22, 2022 and entitled “Bid Recommendation – ¾ Ton Pickup w/ Plow.”

Vice President Collins makes a motion to adjourn at 8:44 PM, seconded by Councilwoman Rose.

Representatives of Whalers Brewery are present and ask to comment on New Business Item 12 relative to an Order of Notice of Public Hearing regarding proposed amendments to the Town Code, Chapter 19 Utilities, Article II. Wastewater Management.

Discussion ensues relative to allowing public comments at this time, and that the Public Hearing will be held at the next meeting after the community has been notified. It is noted that there is a designated item on the Agenda allowing members of the public to address the Council with their comments during the meeting.

UNANIMOUSLY VOTED: to adjourn at 8:48 PM.

Susan M. Flynn, CMC

Town Clerk