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WORK SESSION
APRIL 24, 2023
At a WORK SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 24th day of April 2023 at 7:00 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
Jessica L. Rose
1. A. INTERVIEWS 
The Town Council interviews Melissa Hughes relative to her interest in serving on the Conservation Commission.
The Town Council interviews Laura Krekorian relative to her interest in being reappointed to the Building Code and Minimum Housing Code Boards of Appeals.
The Town Council interviews Thomas Routliffe relative to his interest in being reappointed to the Economic Development Committee.
1. B. WORK SESSION
James Manni, Town Manager advises that Chief Moynihan will introduce three newly promoted and assigned officers at the start of this evening’s meeting.
The Town Manager reviews the new format of the Agenda.
One new license application will be considered this evening for a Holiday Sales License requested by Narrow River Kayaks on Liberty Lane in West Kingston.
A Public Hearing will be held this evening to consider adoption of the Town Council’s Final FY 2023-2024 Budget, and to consider a petition that has been filed to add $930,000 to the School Fund to reinstate the Dual Language Immersion (DLI) program.
New Business Items are reviewed. Discussion ensues regarding Item 8G., an Order of Notice for a Public Hearing to consider proposed amendments to the Town Code that would eliminate the one-hour parking limitation on Pine Street that was requested by the nearby Church. Councilwoman Bergner questions notice to the neighbors.
Three items will be addressed during the Town Manager’s Report this evening: an update on the School Building Committee; the Town of Narragansett’s contribution to the Senior Center programs; and reorganization of the Agenda and discussion of the use of a time clock for public comments.
Discussion ensues regarding Communication Item 11A concerning a resolution adopted by the Exeter Town Council in support of proposed legislation that would require the RI Department of Health, Office of Vital Records to ensure that vital records are accessible to the local registrars and grant local registrars the authority to issue certified copies of certificates and records.
Convened to Regular Session.
REGULAR SESSION
APRIL 24, 2023
At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island held at the Town Hall, in and for said Town on the 24th day of April 2023 at 7:30 PM.
PRESENT: Rory H. McEntee, President
Michael K. Marran, Vice President
Patricia A. Alley
Deborah D. Bergner
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. POLICE CHIEF’S INTRODUCTION OF NEWLY PROMOTED AND ASSIGNED OFFICERS
Matthew Moynihan, Chief of Police introduces Detective Joseph Iannelli and Detective Thomas Bouffard who were recently promoted to Sergeant, and swears them in to their new position. The Chief also recognizes Officers Jeffrey Sugrue and Matthew White who were recently assigned to the Detective Bureau.
3. ROLL CALL
Roll Call is taken and all members are present.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Councilwoman Bergner asks to continue the minutes of the March 27, 2023 meeting to allow her time to review them. Discussion ensues, and it is
VOTED: that the minutes of the Work and Regular Sessions held on April 10, 2023 are accepted, approved and placed on file.
Council Vice President Marran voted no.
Discussion ensues concerning the Open Meetings Act requirements for public posting of meeting minutes on the Secretary of State’s website, and it is
B. UNANIMOUSLY VOTED: to table approval of the minutes of the Work and Regular Sessions held on March 27, 2023 until the next meeting.
It is noted that draft minutes will be posted to the Secretary of State’s website in the interim.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) A. UNANIMOUSLY VOTED: to grant a Tourist Accommodation License to David and Patricia Sheppard d/b/a Sheppard’s Campus Bed and Breakfast, 16 Campus Avenue, Kingston RI 02881 for 3 spaces, 6 persons only. Application by David Sheppard, Owner; Renewal. License No. 61883.
(CA) B. UNANIMOUSLY VOTED: to grant a Tourist Accommodation License to Point Break Realty, LLC d/b/a Admiral Dewey Inn, 895 Matunuck Beach Road, Wakefield, RI 02879 for 12 spaces, 24 persons only. Application by Kevin Finnegan, Member; Renewal. License No. 73459.
(CA) C. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:
Graphic Expressions, Inc. d/b/a Graphic Expressions, 254 Robinson Street, Wakefield, RI 02879. Application by Wayne Cahoone, President. License No. 59796.
Main Street Candy, LLC d/b/a Main Street Candy, 324 Main Street, Wakefield, RI 02879. Application by Wayne Cahoone, Member. License No. 59795.
(CA) D. UNANIMOUSLY VOTED: to grant A resolution granting Holiday Sales and Farm Retail Sales Licenses to Clark Farms, Inc. d/b/a Clark Farms, 2984 Comm. O.H. Perry Highway, Wakefield, RI 02879. Application by Richard Clark, President; Renewal. License No. 78455.
(CA) E. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Application for a Class B Victualler Liquor License by Butterhead, LLC d/b/a Purslane, 318 Main Street, Wakefield, RI by Matthew Brown, Managing Member for the indoor dining area and 14 seats on the patio in accordance with a Special Use Permit granted by the Zoning Board of Review on March 22, 2023; and as further defined in a site plan on file in the Town Clerk’s office.
6. LICENSES
A. Jason Considine is present, and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Holiday Sales License to Narrow River Kayaks, LLC d/b/a Narrow River Kayaks, 351 Liberty Lane, Unit 17, West Kingston, RI 02892. Application by Jason A. Considine, Owner; New. License No. 79053.
7. PUBLIC HEARING
A. Notice having been duly given, a Public Hearing is held relative to adoption of the Town Council’s Final FY 2023-2024 Budget, and to consider the following petition filed pursuant to Section 4222 of the Town Charter entitled “Budget (C) Petitions to the Council” seeking to amend the Town Council’s Preliminary FY 2023-2024 Budget adopted on March 20, 2023:
“Shall Line Item #01109-41210 entitled: Town Property Tax Transfer to the School Fund in the amount of $55,994,773 be increased by the sum of $930,000 to the amount of $56,924,773 for the purpose of reinstating the Dual Language Immersion Program in the South Kingstown Elementary Schools for the 2023-2024 School Term?”
The Town Manager notes that he has worked closely with Brian Silvia, Finance Director who will give a detailed presentation on the budget. Mr. Manni advises that the budget petition was filed with 27 signatures and accordingly is presented here for the Council’s consideration.
The Finance Director reviews the Town Council’s Budget for FY2023-2024 which is presented here for final adoption, and discusses the effect that approval of the budget petition would have. It is noted that action taken by the Town Council on this petition does not require the re-introduction of the DLI program by the School Committee, which has complete oversight of the budget and curriculum of the School Department. The Town Council’s proposed budget carries a property tax increase of $51 for the average value home. Should the budget petition be approved it would result in a property tax increase of $110 for the average value home.
The impact of the proposed budget petition on the tax levy is reviewed. The Town Council’s Preliminary Adopted Budget has a proposed tax levy increase of 1.63% that would increase to 2.92% under the budget petition. The proposed tax rate increase of 1.10% would jump to 2.37% with approval of the budget petition. Mr. Silvia presents a Tax Revenue Analysis comparison of the Preliminary Adopted Budget to the Petition Proposed Budget.
Mr. Silvia compares the Preliminary Adopted Budget for FY 2023-2024 with the Budget Petition amounts. The tax rate under the Council’s Budget is proposed at $11.07; with the Budget Petition the tax rate would rise to $11.21 or an increase of $0.14 per thousand dollars of assessed value. The Budget Petition would require a $930,000 increase in the Town’s Property Tax Transfer to the School Fund, increasing that total School Fund from $62,635,680 to $63,565,680. The total of all funds budgeted would increase from $105,013,975 to $105,943,975.
The Finance Director reviews the Municipal Funds. The Peace Dale Office Building Fund at $106,633 reflects an increase in capital outlay. The Senior Services Fund reflects an increased expenditure in commodities, a reduction in capital outlay, with the largest revenue increase from grants. Neighborhood Guild Fund expenditure increases in capital outlay and services are balanced with increased departmental revenues for a total program of $873,160. The Community Recreation Center program of $709,213 includes expenditure increases in services and capital outlay and increased departmental revenue. The Debt Service Fund is proposed at $1,915,386 for FY 2023-2024. The balance of total outstanding debt is decreasing and as of June 30, 2023 is estimated to be $15,841,000.
The Water Enterprise Fund for FY 2023-2024 is proposed at $1,263,651, with a reduction in capital outlay. The Wastewater Enterprise Fund is proposed at $5,068,231 with an increase in commodities as well as an increase on the revenue side from property taxes and usage fees. The Solid Waste Fund is proposed at $887,262, a decrease of about $114,000.
The Town’s Unassigned Fund Balance to be applied to the Town Budget for FY 2023-2024 is proposed at $1,043,608. Fund Balance is estimated to decrease by $40,000 to $15,599,644 or 17.52%.
Council Vice President Marran comments on the potential impact to the tax levy cap with the School Bond.
Councilwoman Rose comments that the School Committee can do whatever they want with funds provided to them by the Town. The Council cannot tell them how to spend the funds.
Councilwoman Bergner comments on the disappointment that resulted from the DLI program being cut and appreciates the group’s advocacy, but the Council doesn’t control how the School spends its funds. The DLI program has been dismantled and would be difficult to restart.
Council President McEntee invites comments on the Public Hearing.
Marjorie Perkins, petitioner who submitted the Budget Petition is present and acknowledges that the Town Council cannot tell the School Committee how to spend their funds, comments on the School Bond Referendum, the elimination of the DLI program and the importance of languages.
Council Vice President Marran comments that the DLI program should be taken up with the School Committee early in the budget process, and notes that the School Committee is facing other budgeting issues. He notes that RIDE is considering a World Language Program that would be initially supported by federal funds, but with no guarantee that funding would continue.
Dorald Beasley is present and comments on declining enrollment in the schools, hiring practices, changes to the State pension system, and RICAS scores.
UNANIMOUSLY VOTED: to close the Public Hearing.
The Town Manager reviews the changes to the Police contract that resulted in an increase to their budget, including minimum staffing levels, a new schedule, and notes that officers are working more hours per year and savings in overtime costs are anticipated as a result of these changes.
Council Vice President Marran notes that these changes are also expected to improve the retention rate.
The Budget Petition is considered. Discussion ensues, and it is
UNANIMOUSLY VOTED: to reject the following petition filed pursuant to Section 4222 of the Town Charter entitled “Budget (C) Petitions to the Council” seeking to amend the Town Council’s Preliminary FY 2023-2024 Budget adopted on March 20, 2023:
“Shall Line Item #01109-41210 entitled: Town Property Tax Transfer to the School Fund in the amount of $55,994,773 be increased by the sum of $930,000 to the amount of $56,924,773 for the purpose of reinstating the Dual Language Immersion Program in the South Kingstown Elementary Schools for the 2023-2024 School Term?”
UNANIMOUSLY VOTED: to adopt the Town Council’s Final FY 2023-2024 Budget as presented, as follows:
8. NEW BUSINESS
A. UNANIMOUSLY VOTED: to authorize an award of bid to Plumco Group, LLC d/b/a Wet Powerwash Solutions, 45 Arlington Street, East Providence, RI 02914 for exterior power washing for the Victoria Lane and Mautucket Road water tanks in an amount not to exceed $30,000 including a $5,000 contingency; and as further described in a memorandum from the Public Services Director to the Town Manager dated April 11, 2023 and entitled “Bid Recommendation – Exterior Power Washing, Cleaning & Miscellaneous Repairs – Elevated Water Tanks.
B. UNANIMOUSLY VOTED: to authorize an award of bid to Bahr Sales, Inc., 1185 South Broad Street, Wallingford, CT 06492 for a 2023 Cues C550 portable pipeline video inspection system in an amount not to exceed $78,996; as further described in a memorandum from the Public Services Director to the Town Manager dated April 13, 2023 and entitled “Bid Recommendation: Portable Pipeline Video Inspection System.”
C. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $10,109.50, as shown on Tax Abatement Request No. 617.
D. UNANIMOUSLY VOTED: to authorize the Town Manager to enter into, and execute, a two (2) year solid waste and recycling services agreement with the RI Resource Recovery Corporation, 65 Shun Pike, Johnston, RI 02919 for the disposal of municipal solid waste and recyclables for the period July 1, 2023 through June 30, 2025, and as further described in a memorandum entitled “RI Resource Recovery Corporation (RIRRC) Municipal Solid Waste (MSW) and Recycling Services Agreement for FY 2023-2024 & FY 2024-2025” from the Director of Public Services to the Town Manager dated April 13, 2023.
E. UNANIMOUSLY VOTED: to authorize an award of bid to Vancord, 500 Boston Post Road, Milford, CT 06460 for town network equipment in an amount not to exceed $18,849; as further described in a memorandum from the Director of Technology to the Town Manager dated April 18, 2023 and entitled “Award of Bid for Town Network Equipment.”
F. UNANIMOUSLY VOTED: to authorize an amendment to an award of bid originally granted on July 25, 2022 to East Coast Sealcoating, Inc., 766 Adams Street, Abington, MA 02351 for additional crack repair and resurfacing of tennis courts, and crack repair of the basketball court at Green Hill Park in accordance with all original bid specifications, from an amount not to exceed $83,900 to an amount not to exceed $113,900; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated April 20, 2023 and entitled “Recommendation for Tennis/Basketball Court Repairs - Contract Amendment.”
G. Police Chief Moynihan presents a proposed amendment to the Town Code to repeal the one-hour parking limit on Pine Street. This proposal stems from the Police Department’s review of a request to alleviate this restriction for parishioners attending the nearby Church of the Ascension. Councilwoman Bergner comments on notice to the neighbors, and discussion ensues regarding posting Public Hearing notices on the Town website and social media sites. Further discussion ensues regarding removing Pine Street from Section 10-46 and adding it to Section 10-47 or allowing two-hour parking, and it is
UNANIMOUSLY VOTED: to continue to the next meeting a resolution authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to a proposed amendment to the Town Code as follows:
Chapter 10 Motor Vehicles and Traffic
Article II. Stopping, Standing and Parking
Sec. 10-46. One-hour parking zones.
* * * * *
Pine Street, northerly side, from Kenyon Avenue to a point two hundred ten (210) feet easterly of Kenyon Avenue.
Town staff is directed to provide additional amendment options for the Council to consider.
H. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise by reference for Order of Notice a Public Hearing relative to proposed amendments to Police Department Standing Order 440.03 Cellblock / Holding Facility, as follows:
South Kingstown Police Department
1790 KINGSTOWN RD., WAKEFIELD, RI 02879
| POLICY NUMBER | ORDER TYPE | ORIGINAL ISSUE DATE | EFFECTIVE DATE |
| 440.03 | STANDING ORDER | 1/23/04 |
04/24/2023 |
| CHAPTER : SUBSECTION | TITLE | ||
| LAW ENFORCEMENT OPERATIONS: PRISONER HANDLING | CELLBLOCK / HOLDING FACILITY | ||
| REVIEW DATES | REVISION DATES | ||
| 4/29/09, 7/8/18, 07/13/20, 10/20/22 | 4/29/09, 10/09/18, 07/13/20 | ||
| DISTRIBUTION | REFERENCE | PAGES | |
| SWORN PERSONNEL, DISPATCHERS & MAINTENANCE | RIPAC 12.8, 12.10, 12.15 - 12.20 | 12 | |
I. PURPOSE
The purpose of this policy is to provide for the safe detention of all prisoners held in the department’s holding facility with minimal risks to all prisoners, department members, and other persons.
II. POLICY
It is the policy of the South Kingstown Police Department to maintain a short-term cellblock/holding facility for prisoners awaiting interview, arrest processing, transportation to court, or transfer to another facility.
The department recognizes the safety of prisoners and department members to be of paramount importance. Therefore, personnel assigned to or using the holding facility will adhere to the following procedures and will be alert to any problems or conditions that may compromise security, safety, or well-being of detained prisoners.
III. DEFINITIONS
Bail Room – A secure room located within the holding facility that is equipped with a telephone for prisoners to make a private call on an unrecorded line. This room also serves as a secure area in which to conduct special arraignments and/or interviews.
Booking Officer - A sworn member of the South Kingstown Police Department either transporting a prisoner to the holding facility or accepting custody of a prisoner at headquarters, but not necessarily the arresting officer. The arresting officer will be responsible for processing the prisoner unless directed otherwise by the Patrol OIC.
Cells - The eight (8) steel door holding areas in the cellblock facility: four (4) Male (Male Cellblock), two (2) Female (Female Cellblock), one (1) Padded, one (1) Holding; for securely housing a prisoner until release; equipped with lighting and a video camera for constant observation as well as a toilet; generally, there is one (1) person per cell, with the exception of Holding.
Holding Cell – The large cell used for the temporary holding of prisoners prior to processing or release.
Holding Facility - The portion of the South Kingstown Police Department building designated for use in the short-term incarceration or detention of persons in custody. This facility includes the Male & Female Cellblocks, Padded Cell, Holding Cell, Processing Area, Bail Room and Sally Port.
Padded Cell - The cell with padded material on all walls and floor; used to house a prisoner who has represented harm to his/herself.
Prisoner - A person who has been arrested and taken into custody.
Processing Area – The area adjoining the sally port, where prisoners are first received. This room contains equipment necessary for the testing and/or processing of prisoners.
Sally Port – A secure, garage-type area where an officer can pull a vehicle in to transfer a prisoner to or from the rest of the Holding Facility.
IV. PROCEDURES
A. Administration and Management
1. Supervision
a. The Captain of Administrative Services and the OIC will be ultimately responsible for the following:
(1) Daily operation and maintenance of the holding facility;
(2) Assuring compliance with security, safety, sanitation and all applicable federal and state law requirements;
(3) Supervision and the designation of such personnel necessary to safeguard the overall well-being of prisoners; and
(4) Coordinating staff training with the Training Officer
b. The Shift OIC will be responsible for the day-to-day operation of the Holding Facility, including operating procedures set forth in this policy as well as compliance with all applicable federal and state laws.
2. Training
a. The Training Officer will be responsible for the special training required for police officers including training in the use of fire suppression and other equipment provided by the department. New officers will receive initial training during their Field Training period on the operation of the Holding Facility.
Refresher training will be held at least once every three years or sooner if deemed necessary by the Captain of Administrative Services.
a. All officers will receive basic training and in-service training, as needed, on the use of physical restraints and searching and processing of prisoners.
3. Inspections
a. The Third Shift Patrol Shift LieutenantOIC is responsible for ensuring a daily visual inspection of the entire holding facility including, including but not limited to, security, safety, sanitation and emergency equipment, is conducted. An Inspection Report will be filled out daily and kept in the Holding Area Inspection binder in the Bail Room. Safety issues or problems will be immediately reported to the Captain of Administrative Services. Sanitary issues will be reported to Maintenance Staff.
b. The Third Shift Patrol Shift LieutenantOIC is responsible for ensuring a weekly inspection is conducted and noted in the Holding Area Inspection binder.
B. Safety and Emergency Operations
1. The holding facility will contain automatic fire, heat, and smoke detection systems that are initially approved and inspected every three years by the local Fire Marshall. Documentation will be keepkept with the Facilities Manager.
2. A fire extinguisher will be located under the sink in the Holding Facility. Secondary fire extinguishers are located across from the first floorfirst-floor interview room by the North Entrance to the building.
3. Each cell will be equipped with video monitoring equipment which will be used to continually monitor the Holding Facility from Dispatch as well as the OIC’s office.
a. Video monitoring devices are for safety and security of officers and prisoners. They will not be used to invade prisoner privacy.
b. Dispatchers will monitor prisoners who are unattended. Prisoners will be visually observed / monitored until release from custody or transferred to another facility.
c. Through the department digital video recorder, the toilet in each cell except the Padded Cell, will have a black mark over it to ensure the privacy of those prisoners who may be monitored by a Dispatcher or Officer of the opposite sex.
4. Officers will notify Dispatch when they are entering any room within the Holding Facility with a prisoner or suspect. Dispatchers will monitor such interactions to ensure officer safety. In the event that an officer requires assistance, the OIC and additional officers will be immediately called to respond, as deemed necessary.
5. Officers will be equipped with a portable radio containing a panic alarm when within the Holding Facility while a prisoner is present and unsecured.
6. An evacuation plan, which designates the assigned emergency exit plan, will be posted in the Holding Facility.
7. In the event the Holding Facility must be evacuated due to emergency circumstances (fire, flood, etc.) officers will:
a. Ensure the safety and security of the prisoners while taking into consideration the severity of the circumstances;
b. Notify the OIC and Dispatch, who will notify emergency resources (fire, rescue, etc.) as necessary;
c. Attempt to extinguish any fire using appropriate equipment provided;
d. Request additional officers for security and evacuation procedures, as necessary;
e. The OIC will coordinate the evacuation in accordance with procedures set forth in Operational Policy 120.02 Emergency Evacuation / Containment Plan.
8. At least one officer will be at the police station at all times when a prisoner is in the Holding Facility. Exceptions can be made when a major incident or emergency occurs and the officer receives permission from the OIC to leave.
9. The OIC is responsible to ensure that a physical check is done of all prisoners in the Holding Facility at least once per shift, near the start of the shift and one additional check. Prisoners with known or obvious mental or physical issues may need to be checked more often, depending on the issue, as per annual training. Each check will be entered as a log note in IMC (i.e. “Prisoner check Male Cells 1 & 4”). If something out of the ordinary is observed or occurs, it should be noted as well.
C. Security and Control
1. Firearms/Less Lethal Weapons
a. Upon first entering either the Sally Port or Bail Room with a prisoner, civilian applicant, or when prisoners are in the Holding Area an officer will secure his or her firearm in a lockbox.
b. Firearms are not permitted past the Sally Port or Bail Room in the Holding Facility when prisoners are present, unless exigent circumstances exist.
c. Officers will not remove their firearms from their holsters in the presence of prisoners unless the prisoner is handcuffed or restrained.
d. The wearing of less lethal weapons in the Holding Facility is authorized.
2. Holding Facility Procedure
a. An arresting officer will notify Dispatch that they are bringing in a prisoner.
b. The officer transporting the prisoner to the Holding Facility will be responsible for conducting a thorough search of the prisoner’s person and property, the processing of, any testing of and the securing of the prisoner, unless such responsibilities are assumed by a Booking Officer.
c. Prior to placing any prisoners in a cell, the officer must search the area to ensure that no weapons, contraband, or means of affecting an escape are present. Any department member finding any such prohibited items will immediately report it to the OIC.
a. After placing a prisoner in a cell, the cell door will be closed, locked, and physically checked to ensure it is securely locked. The hallway door to the male or female cellblock area will be closed and securely locked when prisoners are in a cell.
d. Officers should avoid entering an occupied cell. If it is necessary to enter an occupied cell the officer should be accompanied by another officer if one is immediately available, for officer safety purposes.
e. Whenever a prisoner’s cell is opened, for whatever reason, Dispatch will be advised so that they may monitor the officer-prisoner interaction.
f. All access doors to the Holding Facility will be closed and locked whenever any cell is occupied. The Sally Port doors will remain closed when not in use.
g. Metal culinary utensils are prohibited in the cellblock. Hand held Handheld food should be served to avoid the use of any utensils. In the rare event the prisoner is allowed plastic utensils, they must be retrieved before the detainee is removed from the cell.
h. No maintenance work may be conducted in an occupied cell. After any maintenance has been completed within the Holding Facility, the OIC or designee will ensure that no tools have been left behind.
i. The arresting/booking officer and those officers personnel necessary for the safe and secure operation of the Holding Facility are considered authorized persons. Under no circumstances will unauthorized persons be permitted in the Holding Facility to view prisoners in their cells.
j. Non-sworn authorized persons and escorted civilians, with the permission of the OIC shall be permitted in the Holding Facility. Approval will be granted when prisoner(s) are secured in a cell in the male and female cellblock area. Non-sworn persons and escorted civilians will be permitted in the Holding Facility if a prisoner is held in the Holding Cell or Padded Cell.
k. The Holding Facility doors are all electronically controlled through Dispatch and work on generator power in the event of a power outage. Should the locks malfunction, the doors can be manually opened with keys located in the Patrol Sergeant’s Office key box. A spare set of Holding Facility keys will be stored in the Patrol Lieutenant’s office, for emergency purposes.
3. Security Inspections
a. The OIC who is arriving for duty will be informed by the OIC going off duty the specifics of any prisoner(s) being held. The arriving OIC will make a count and determine the status of each prisoner in the Holding Facility.
b. Any incident or condition that threatens the facility or any person therein will be immediately reported to a supervisor.
c. Faulty equipment, which presents an escape or safety risk, will not be used and other arrangements will be made until repairs or replacement is completed.
4. Prisoner Escape
a. In the event a prisoner escapes, the OIC will be notified immediately.
b. Descriptions, identities, and offenses of the escapee(s) will be given to Dispatch and relayed to all on-duty personnel as quickly as possible. The OIC may disseminate the information to other agencies, if necessary.
c. Officers will secure the Holding Facility, account for all prisoners, and inspect all security doors to ensure proper functioning.
d. In the event the prisoner is captured, the OIC will be notified immediately.
e. The OIC will conduct a post incident investigation of the escape and provide an after-action report with recommendations to the Captain of Operations.
5. Emergency or unusual occurrences
a. Any emergency or unusual occurrences will be investigated by the shift OIC and a report will be forwarded to the Chief of Police. Any Holding Facility death will be immediately reported and investigated consistent with the Rhode Island Attorney General’s Office protocol.
D. Processing Prisoners
1. Custodial Searches
a. Handcuffs or restraining devices may be removed at the discretion of the arresting/booking officer when it is reasonably safe to do so, based upon the conduct of the prisoner, the arresting offense and related circumstances.
b. All prisoners will be subject to an inventory search upon arrival to the Holding Facility. The search will consist of removal of all outer clothing (coats, hats, sweaters, etc.) and an inspection of footwear, toupees or hairpieces. All pockets will be emptied and all containers including but not limited to handbags, wallets, backpacks, shopping bags, will be emptied and searched.
c. A pat down search will be conducted of all prisoners. When possible, an officer of the same gender as the prisoner will conduct the pat down. If a same gender officer is not available, a second officer will be present during a pat down search.
d. A strip search will only be conducted pursuant to SKPD Standing Order 440.02 Strip & Body Cavity Searches.
2. Property Handling
a. Seized property of evidentiary value such as an article, weapon, or contraband will be appropriately tagged and placed in an evidence locker.
b. A Booking Officer locating any weapon, contraband, or evidence, will notify the arresting officer for possible additional charges.
c. All other property such as outer garments, shoes, belts, bags, etc. will be removed from the prisoner and placed in the appropriate cell locker until returned to the prisoner upon release or transfer to another facility.
d. Smaller items and items of value will be secured in a sealed prisoner ‘trap bag’ before placement in the cell locker. The submitting officer will write his or her badge number, the prisoner’s name, a list of items and the case number on the ‘trap bag’.
e. Property taken from the prisoner will be inventoried in the arrest report.
f. Packages are not usually accepted for prisoners, but in some rare cases may be necessary and may be permitted with the approval of the OIC. Any accepted items (i.e., prescription medicine, a change of clothing, money for bail, etc.) will be searched, inventoried and handled as per this policy.
g. Bail money will only be accepted by the OIC.
h. Only those items determined to be safe and are immediately necessary to the prisoner’s well-being will be provided in the cell.
3. Prisoner Identification and Processing
a. An arrest report will be completed on each prisoner. The arresting / booking officer will ensure the following:
(1) Personal information (name, address, date of birth, telephone number, etc.) of the prisoner is verified through positive identification (drivers’ license, military ID, or identification card) or through an arrest record. The prisoner should also be asked, to ensure that such information is correct and up-to- date.
i. Officers will not back-fill information from the in-house records management system without first verifying that the information contained therein is current and correct.
(2) As much other personal information as possible (parents, partner, employment, etc.) will be gathered to complete the prisoner’s in-house records profile. This information is useful in locating subjects.
(3) When positive identification is not made, the OIC must be notified so that additional steps can be taken to determine a positive identification. This information is important so that proper bail can be set and the case will be prosecuted effectively.
(4) A completed arrest report will contain:
i. A complete physical description including any tattoos, scars, or marks with the description and location of each; photographs of tattoos and large scars and marks should be taken, with care given not to violate a prisoner’s privacy should they be in a sensitive area.
ii. Property inventory of all items removed from the prisoner;
iii. All offenses charged, including statute number or town ordinance cited;
iv. Current status of the prisoner, whether held in a cell, released with a summons, or transported to another facility or agency; and
v. The date and time the prisoner arrived at the Holding Facility and the date and time the prisoner was released or transferred.
b. The booking officer will maintain visual observation of the prisoner throughout the processing procedures. If he/she is unable to do so, the officer should request additional personnel to assist.
4. Prisoner Placement
a. Prisoners should not be secured to fixed objects.
b. Juveniles will be separated by sight and sound from adult prisoners at all times. They will be kept under observation and placed in holding rooms based on their offenses.
c. Male and female adult prisoners will be placed in separate cellblock areas and according to their gender as obtained during processing.
d. Male and female juvenile prisoners will be secured separately and according to their gender as obtained during processing.
e. Prisoners will not be secured, unattended, in any locked area outside of the Holding Facility.
f. In the event of a group arrest, which exceeds the maximum capacity of the holding facility, the OIC will be notified to expedite processing and release of the prisoners or arrange for assistance from another agency with whom a Prisoner Housing Agreement exists.
g. With respect to any violent or self-destructive prisoner who is under the influence of alcohol and/or drugs, the OIC will reasonably decide whether such person should be transferred to a medical facility for observation. In such cases, an adequate number of personnel will respond with the prisoner to ensure the safety of both the prisoner and the general public. If the prisoner is not transferred to a medical facility, the following should occur:
(1) The prisoner should be placed into a cell with no other prisoners;
(2) To reduce possible self-inflicted injury, the prisoner should be restrained if necessary, placed in the Safety Restraint Chair and/or placed in the Padded Cell.
(3) Additional sworn officers should remain close by in the event that assistance is necessary.
(4) The prisoner shall remain under close observation by department personnel.
5. Lodgers (Detainees from other Agencies)
a. Whenever another agency with which this department has an agreementPrisoner Housing Agreement with requests that a prisoner of that agency be held at the South Kingstown Police Department, the following procedures must be followed:
(1) Positive identification must be made of the officer/person presenting the lodger, including verification of the officer’s/person’s authority to detain the lodger.
(2) An Offense Report “No Crime” will be filled out, including all information as to the prisoner’s identity, arresting department and offenses charged, and observations of physical condition.
(3) If any medical treatment is required, it will be the responsibility of the arresting agency to have the prisoner treated prior to being lodged. Under no circumstances will a prisoner in need of medical care be accepted into the holding facility.
(4) The other agency will maintain possession of any property of the prisoner, other than that which may have been necessary for transport (i.e. jacket, shoes, etc.)
(5) If medical treatment is needed while the prisoner is in this department’s custody, the other department will be contacted to have one of their officers respond to ride in the rescue. If transport via rescue is urgent, the OIC will have an officer ride in the rescue and the other department’s officer will take over custody of the prisoner at the hospital.
6. Prisoner Release
a. Prior to releasing a prisoner, the officer will:
(1) Verify the identity of the prisoner.
(2) Ensure a check for any outstanding warrants or capiases.
(3) Ensure that any applicable NCIC “locates” have been done for subjects arrested under the authority of warrants;
(4) Return all property to the prisoner and have the prisoner sign the property inventory list. If the prisoner is being transported to another agency, the receiving officer of that agency should sign the property inventory list.
(5) A security check of the prisoner’s cell, for contraband, weapons, damage, etc. will be conducted prior to their release.
E. Sanitation, Maintenance, and Facility Specifications
1. The holding facility will be maintained at all times in a clean and sanitary condition. It will be cleaned on a daily basis, once the prisoners have left, if the cells have been occupied.
2. Weekly inspection reports will be made to document conditions and identify any deficiencies or problems. Any conditions that are unsanitary or conducive to infestation by vermin will be corrected as soon as possible. Infected areas will be posted and such areas will not be used until the problem is rectified.
3. Each cell will have adequate air circulation in accordance with the Rhode Island Department of Health Standards.
4. Each cell will have adequate lighting as defined by local electrical code including emergency lighting.
5. Each cell will contain a toilet. Drinking water will be provided upon request of the prisoner but only in a plastic, paper or foam container.
6. Clean, sanitary, bedding will be available but only distributed when the OIC feels it is necessary. Prisoners who may be suicidal will not be given blankets or any article which may be converted to a harmful use.
F. Medical Care
1. No prisoner who has injuries or illnesses that require hospitalization or immediate medical treatment will knowingly be held in the holding facility. This includes those suffering from extreme alcohol intoxication or possible drug overdose.
Prisoners displaying obvious medical conditions will be transported via rescue to a hospital or appropriate treatment facility. An adequate number of police personnel will escort prisoners to assure safety and security.
a. If the severity of the medical condition is unclear or if the prisoner requests medical attention, he/she will be transported to South County Hospital or other appropriate treatment facility.
b. The OIC will be notified immediately whenever a prisoner appears to be in need of or requests medical attention.
c. If a prisoner at headquarters refuses medical treatment and the OIC reasonably believes that the prisoner may be in need of medical treatment, the South Kingstown Emergency Medical Services will be contacted to respond for an evaluation. Response of EMS personnel and resulting actions will be documented in the case report.
(1) If Rescue Personnel determines that the subject is in need of medical treatment and the Rescue Personnel and the OIC believe the prisoner is incapable of making a responsible decision as to his/her own well-being due to his/her current mental condition, then the OIC will have the prisoner transported to South County Hospital or another appropriate treatment facility.
(2) If Rescue Personnel determine that lack of immediate medical treatment will not be seriously detrimental to the prisoner’s well-being and that he/she appears capable of making a conscious decision to delay treatment, then in respect to the individual’s right to make decisions in the personal issue of one’s own health, then that decision to delay or refuse treatment will be respected.
(3) Any medication brought in by a prisoner, or given to him/her in the course of treatment while in custody, will be retained with his/her property. If the prisoner should request his/her medication or advise the officer that it is needed at a specific time or the officer has reason to believe that the prisoner needs his/her medication it will be provided only upon the order of a qualified physician. This may be done by phone. If there is any question, the prisoner will be transported to the hospital and the medication administered there.
(4) Any and all medical treatment or refusal of treatment will be documented in the report.
G. Access to Prisoners
1. The arresting and booking officers and those officers personnel necessary to for the safe and secure operation of the holding facility are considered essential persons and are authorized access to the holding facility. Others are considered non-essential and will only be authorized access at the discretion of the Officer-in-Charge.
2. Under no circumstances will unauthorized persons be permitted into the holding facility to view detainees in their cells.
3. Only in the most exceptional circumstances and then only at the discretion of the OIC will prisoners be permitted visitors with the exception of their Legal Counsel.
a. All visitors and their belongings will be searched. If the search is refused, then the visitor will be denied access.
b. All visitors must provide positive identification and their name, along with the start and end time of their visit, must be documented as a log note in IMC.
c. An officer will maintain visual contact with prisoners and visitors.
4. Attorneys, members of the South Kingstown Police Department, or other Law Enforcement Agencies who have just cause to visit prisoners will be afforded such opportunity. Interviews may be conducted in the Bail Room or an interview room when the following steps have been taken:
a. The room will be searched prior to the prisoner or visitor entering the area.
b. The prisoner will be searched and escorted to the room.
c. The visitor will leave anything that might be used as weapon outside the room.
d. The officer may maintain visual contact with the prisoner while still allowing a private meeting with legal counsel.
e. After the interview, the prisoner will be searched prior to being returned to his/her cell.
f. After the prisoner has been secured, the visitor may be permitted to leave the Holding Facility.
5. In emergency situations, all non-essential persons are prohibited in the Holding Facility.
H. Prisoner Rights
1. The policy of the South Kingstown Police Department is to not detain a prisoner any longer than allowed by law. The Patrol Division OIC will ensure that the following procedures regarding prisoners’ rights are followed:
a. A timely court appearance, as required by law.
b. The opportunity to make bail is not impeded.
c. Prisoners have confidential access to attorneys.
d. Prisoners have access to a telephone, as required by law that is not monitored or recorded.
e. Prisoners will be provided a paper cup of water prior to being secured in their cell.
f. Each prisoner held in excess of eight (8) hours is provided with a meal and prisoners receive three (3) meals per day when held for 24 hours. Dispatch will note on the log when prisoners are given food. Food may be purchased:
(1) At an approved business through which the department has an account (arrest number to be noted on receipt and receipt submitted);
(2) By an officer, with the authorization of the OIC, and reimbursed through the petty cash system (last resort).
2. Release of Information
a. Records and reports will be released in accordance with the Rhode Island “Access to Public Records” statute and SKPD Operational Policy 610.01.
b. Information may be released to the following:
(1) Involved individuals when necessary to facilitate the prisoners’ release, access to Legal Counsel, or other valid purposes as determined by the OIC.
(2) Another law enforcement agency, when necessary, in regards to an on- going investigation or outstanding warrants.
(3) Another agency or person when the OIC determines such information is necessary in the course of ordinary operations and legal proceedings, i.e., release of information to the Department of the Children and Families in child abuse arrests.
By Order of:
Matthew C. Moynihan
Chief of Police
I. UNANIMOUSLY VOTED: to authorize an award to McGovern Municipal HQ, 1200 Worcester Road, Framingham, MA 01702 for one (1) 2023 Ford Police Interceptor Utility AWD vehicle, in accordance with pricing per the Greater Boston Police Council (GBPC) contract, in an amount not to exceed $40,165, as described in a memorandum from the Police Chief to the Town Manager dated April 18, 2023 and titled “Award Recommendation – Police Vehicle Replacement (V407).”
9. TOWN MANAGER’S REPORT
A. Luke Murray, Director of Administrative Services and Chairman provides an update on the School Building Committee (SBC). The conceptual drawings presented will be posted on their website. The SBC says it is suitable to begin cost estimating by the architect. They are looking at the field facilities at Curtis Corner Middle School, have completed review of the High School field, and study of the Hazard field is yet to be done. Discussion ensues regarding the School CFO stepping down from the Committee, and Mr. Murray’s communications item requesting that Brian Silvia, Town Finance Director be appointed to fill that position. Discussion ensues regarding the balance of municipal and school officials working on the SBC.
B. The Town Manager reports that the Narragansett Town Council has agreed to fully fund the cost of their seniors attending our Senior Center. He attended their meeting last week to secure their funding commitment. Last year Narragansett started their own food program and cut our allocation by $46,000, and we have been working to get Narragansett to reinstate funding to South Kingstown. They have agreed to a 3 year agreement.
C. The Town Manager discusses the reorganization of the Agenda format and suggests use of a time clock for comments by residents. Discussion ensues, and it is consensus to try out the use of a time clock.
10. PUBLIC COMMENTS
Council President McEntee invites residents to come forward with comments.
Joe “Tiger” Patrick is present and thanks the Town for holding the Medal of Honor ceremony, notes that the VFW Post 916 will hold a clean up and renovation day on May 6th at Fournier Estates, and notes that 349 veterans and family members in South Kingstown are being helped in their veterans assistance program. There will be a Memorial Day ceremony but no parade this year.
Mark Kravatz is present and comments on an appeal to RIDE regarding the elimination of the DLI Program, the Town and School Committee budget processes, and that the School Committee did not communicate regarding their abandonment of that program.
11 B. Communication Item 11B is brought forward, and Norma Roelke discusses her email concerning the discontinuation of Town plowing and grading of private roads. Ms. Roelke presents photos showing the condition of Sandpiper Drive and Teal Road, expresses concerns regarding safety and fairness, states she believes her road was a public/private road and asks that 17 miles of dirt roads be grandfathered for Town services.
Discussion ensues.
Ms. Roelke asks how to appeal the Town’s decision, and is advised to bring their road up to Town standards for acceptance or consult an attorney regarding an appeal.
UNANIMOUSLY VOTED: that an email dated April 10, 2023 from Norma Roelke concerning the discontinuation of Town plowing and grading of private roads and asking how to appeal this decision is received and placed on file.
11. COMMUNICATIONS
A. UNANIMOUSLY VOTED: that a resolution adopted April 3, 2023 by the Exeter Town Council in support of 2023 – H 5724 and 2023 – S 0328 Acts Relating to Health and Safety – Vital Records that would require the RI Department of Health, Office of Vital Records to ensure that vital records are accessible to the local registrars and grant local registrars the authority to issue certified copies of certificates and records, is received, placed on file, and the Town Council voted to support this legislation.
C. UNANIMOUSLY VOTED: that an email dated April 14, 2023 from Lynn Wagner, Chair, Board of Directors providing additional information to support the application by South County Museum for Human Service and Outside Agency grant funding is received and placed on file.
D. UNANIMOUSLY VOTED: that an email dated April 17, 2023 from Lou Chrostowski, South County Pride requesting a proclamation recognizing June as Pride Month and that the Pride flag be flown is received and placed on file. The Town Council directs that a proclamation be prepared for the first meeting in June and that the Pride flag be flown on June 29th at the Public Safety Complex.
E. UNANIMOUSLY VOTED: that a resolution adopted April 6, 2023 by the Little Compton Town Council in opposition to Senate Bill 2023 – S 0434 and House Bill 2023 – H 5034 Acts Relating to Motor and Other Vehicles – Inspection of Motor Vehicles that provides that only facilities located within the state be eligible for permits to operate as official vehicle inspection stations is received and placed on file.
F. UNANIMOUSLY VOTED: that a resolution adopted April 6, 2023 by the Little Compton Town Council in opposition to the proposed siting of offshore wind turbines in a marine habitat off their coast is received and placed on file.
G. Matthew Reagan is present and testifies regarding his request, and it is
UNANIMOUSLY VOTED: that an email dated April 19, 2023 from Matthew Reagan, owner of New Wave Kitchen requesting the Council seek legislation to exempt his business from State law that prevents him from having a liquor license due to proximity of the restaurant to a church is received and placed on file. Staff is directed to prepare a resolution requesting enabling legislation in the General Assembly.
H. UNANIMOUSLY VOTED: that a letter dated April 20, 2023 from Lucas Murray, School Building Committee Chairperson advising that Raquel Pellerin is stepping down as a member of and Secretary to the School Building Committee and requesting that Town Finance Director Brian Silvia be appointed to serve in her place is received and placed on file.
12. APPOINTMENTS
A. UNANIMOUSLY VOTED: to appoint Melissa M. Hughes to the Conservation Commission to complete a term to expire in September 2025.
UNANIMOUSLY VOTED: to reappoint Laura D. Krekorian to the Building Code and Minimum Housing Code Boards of Appeals for a term to expire in June 2028.
UNANIMOUSLY VOTED: to reappoint Thomas J. Routliffe to the Economic Development Committee for a term to expire in March 2026.
UNANIMOUSLY VOTED: to appoint Brian Silvia, Town Finance Director to the School Building Committee to serve in the capacity of a local budget official or member of a local finance committee as prescribed by RI Department of Education (RIDE) School Construction regulations.
UNANIMOUSLY VOTED: to adjourn at 10:07 PM.
Susan M. Flynn, CMC
Town Clerk