East Greenwich Town CouncilRegular MeetingMonday, December 09, 2019 at 6:15 PMTown Hall, 125 Main Street, East Greenwich, RI 02818

AgendaThe East Greenwich Town Council will meet on Monday, December 09, 2019 at 6:15 PM, in the TownHall, 125 Main Street, East Greenwich, RI 02818.

(Any matter listed on this agenda is subject to discussion and a vote by the Town Council.) 1. 6:15 PM ~ Call to Order 2. Interviews for Boards and Commissions 2.a 6:15 PM ~ Myrna Levine for re-appointment to the Juvenile Hearing Board 2019.12.09 Levine Myrna.pdf 2.b 6:30 PM ~ Heather Larkin for re-appointment to the Juvenile Hearing Board 2019.12.09 Larkin Heather.pdf 2.c 6:45 PM ~ Lisa Holley for re-appointment to the Juvenile Hearing Board 2019.12.09 Holley Lisa.pdf

3. 7:00 PM ~ Pledge of Allegiance to the American Flag 4. Public Comments :

(This is an opportunity for members of the audience to bring to the Council's attention any itemnot listed on the agenda. Comments shall be limited to three (3) minutes per person with amaximum of fifteen (15) minutes for all items. Speakers may not yield their time to others.)

5. Consent Calendar and Communications:

(Any agenda item of a routine nature or items provided for informational purposes only;considered under a single action. Any Councilor may have an item removed and consideredseparately on request.)

5.a Minutes from October 24, 2019 (Special Meeting - Open Session) 20191024 Town Council Minutes DRAFT.pdf 5.b Minutes from October 28, 2019 (Regular Meeting - Open Session) 20191028 Town Council Minutes DRAFT .docx 5.c Abatements to the 2019 tax roll for motor vehicles in the amount of $509.84 and real

estate tax roll in the amount of $1,868.41. abatements 12-9-2019.pdf

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5.d Award of bid to Xylem Water Solutions USA, 78K Olympia Ave, Woburn, MA, 01801for the purchase of a 6" submersible pump in the amount of $18,312.00 and a 4"submersible pump in the amount of $6,233.00.

Finance Director memo.pdf Xylem 4inch quote.pdf Xylem 6inch quote.pdf Xylem sole source letter.pdf Sole Source Exemption_45-55-8.pdf 5.e Award of bid to JC Madigan Inc., 450 Old Union Turnpike, Lancaster, MA, 01523 for

the purchase of two Eleven Foot Snow Plow in an amount of $15,550.00.

Bid Award Letter, Plow_2019.pdf Eleven Foot Plow Bid Tab.pdf 5.f Award of bid to MHQ, 401 Elm Street, Marlboro, MA, 01752 for the purchase of a

Waste Water Treatment Facility Staff 4 x 4 Pickup Truck in the amount of $30,971.70. Bid Award Letter Sewer Pick up.pdf Vote-Vehicle Bid Extension-MHQ-January 31, 2020.pdf East Greenwich F150 Quote 5.g Approval of 2020 Town Council Regular Meeting Schedule tcmeetings2020.pdf 6. Reports and Presentations:

(Any agenda items requested by the Town Manager, Town Council or Town Solicitor, or anyitem requiring a formal presentation by boards and commissions, or other agencies.)

6.a Town Manager's Report 2019.12.09 Town Manager's Report.pdf 2019.12.09 SERC Summary Memo.pdf 6.b Police Department Staffing Update 2019.12.09 Police Staffing.pdf 7. Public Hearing:

(This is an opportunity for members of the audience to provide testimony/comments on thespecific issue being considered.)

7.a An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 55Capital Improvements (SECOND READING/PUBLIC HEARING).

Chapter 55 Capital Improvements DRAFT REDLINED.pdf Chapter 55 Capital Improvements DRAFT CLEAN.pdf Legal Ad - Pendulum - 11-21-2019 Capital Improvements.pdf

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8. New Business:

(Any items that have not been previously discussed or acted upon.) 8.a An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 170

thereof, entitled "Peace and Good Order", Section 170-1 "Drunkeness" be repealed.(FIRST READING/NOTICE OF HEARING)

Chapter 170 Peace Good Order.docx 8.b An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 1

thereof, entitled "General Provisions", Article III "General Penalty", Section 1-18"General Penalty; continuing violation." (FIRST READING/NOTICE OF HEARING)

Chapter 1 General Provisions DRAFT.docx 9. Council Announcements and Comments:

(Items may be added to the agenda for informational purposes only and may not be voted onexcept where necessary to address an unexpected occurrence that requires immediate action toprotect the public or to refer the matter to an appropriate committee or to another body orofficial.)

10. Public Comments:

(This is an additional opportunity for members of the audience to provide public comment.Comments shall be limited to five (5) minutes per person with a maximum of thirty (30) minutesfor all items. Speakers may not yield their time to others.)

11. Adjournment This agenda was posted on December 5, 2019 in accordance with RIGL 42-46-6. In the event ofan overflow crowd, the meeting will be moved to Swift Community Center, 121 Peirce Street.Individuals requesting interpreter services for the hearing impaired must notify the TownClerk's office at (401) 886-8604 via RI Relay #711 (800-745-5555 TTY) or in writing, at leastseventy-two (72) hours in advance of the hearing date.

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda) 6:15 PM ~ Myrna Levine for re-appointment to the Juvenile Hearing Board 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda

Myrna was originally appointed on November 10, 2014 and was re-appointed on October24, 2016.

4. Provide a suggested Action Interview only 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604

ATTACHMENTS: 2019.12.09 Levine Myrna.pdf

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12 NOV - I AR it: 03

VOLUNTEER APPLICATION

Membership on Board or Commission

Name Myrna S. Levine

Address 85 Granite Drive, East Greenwich, RI 02818

Telephone#' s( home) 401- 885- 4983 work) cell) 401- 301- 1913

Email myrn6976@aol. com Fax Other

Registered Voter? Yes X No Position Applying For: Juvenile Hearing Board member

What is the reason you believe you are suited to provide service on this particular Board orCommission? My legal background and extensive volunteer experience for a variety of institutions and agencies, as

indicated on the attached resume, as well as my experience in raising four sons who are now between

the ages of sixteen and twenty- three, render me a well- suited candidate for service on the JuvenileHearing Board. I believe I have the necessary intellect, analytical skills, interpersonal skills andempathy to be a valuable member of the Board.

Is there any area where you may have a conflict of interest or the appearance of a conflict ofinterest? ( If yes, please explain.) No.

Please note any other Board(s) or Commission(s) you may be interested in serving on:None at this time.

You may attach additional information about yourself. Please include a resume or letter ofinterest that provides information on your experience and expertise.

Thank you for your interest in serving your community.

Please submit your application via mail, fax, email or in-person:

Town Clerk

125 Main Street

PO Box 111

East Greenwich, RI 02818

Fax: 401- 886- 8625

E-mail: lbotello@eastgreenwichri. com

G:\ Town Clerk\ Boards and Commissions\ VOLUNTEER APPLICATION. doc 12/ 28/ 2009

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Myrna Sherman Levine

85 Granite Drive

East Greenwich, Rhode Island 02818

401- 885-4983

myrn6976@aol. com

Education

Harvard Law School, Cambridge, MA

J. D., 1984

Brown University, Providence, RIA.B. in English Literature, A.B. in History, 1981Phi Beta Kappa, Magna Cum Laude, Honors in English Literature

Employment BackgroundOf Counsel, MacAdams& Wieck, Providence, RI, 1991- 1997

Engaged in appellate brief-writing, research, case analysis in corporate andgeneral litigation

Associate, Weil Gotshal & Manges, New York, 1984- 1990

Engaged in all aspects of securities and business litigation, including brief-writing,discovery, research, case analysis, hearings

Professional & Community AffiliationsNew York State Bar Association,

Admitted, 1984 ( Inactive Status, 1997- present)

Rhode Island Bar Association

Admitted, 1991 ( Inactive Status, 1997- present)

The Miriam Hospital, Providence, RI

Member, Institutional Review Board, June 2010- present

Jewish Seniors Agency of Rhode IslandMember, Board of Directors, August 2009- presentMember, Jewish Eldercare of RI Oversight Committee, 2010- present

Moses Brown School Parents' Association, Providence, RI

Member, Nominating Committee, 2011- 2012Member, Budget Committee, Bylaws Committee, 2009- 10

Co- Coordinator, Middle School Parents' Association, 2006- 08

Trudeau Center, Warwick, Rhode Island

Member, Human Rights Committee, 1997- 2000

Meadowbrook School Parent Teacher Organization, East Greenwich, RICo- President, 1997- 1998

Personal

Married to Daniel J. Levine, MD; four children

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Carney, Leigh

From: Myrna Levine <myrn6976@aol.com> Sent: Friday, November 1, 20193:39PMTo: Carney, LeighSubject: Re: JHBRe-appointments

Leigh,

AsIexplained inmypriore-mail, BrianWarburton isthenewchairoftheJHB;; however, Iamhappytoprovide recommendations forHeather andLisa.. Below ismy "statement ofinterest" formyselfandbrief recommendations forLisaandHeather.

Statement ofInterest:

Ihaveserved ontheEastGreenwich Juvenile Hearing Board forseveral years, andwouldbepleased toserve foranother term. Ihaveattended virtually allJHBhearings during mytenure, andfeelcomfortable interacting withthechildren andtheir families whocomebefore ourBoard. Ihaveenjoyed working withSgt. JohnCarter andtheothermembers oftheJHBinhelping tokeepEastGreenwich children outoftheFamily Court system whiledealing withthechildren andtheir families inapositive way. Ilookforward toanother termasamember oftheJHB.

1

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda) 6:30 PM ~ Heather Larkin for re-appointment to the Juvenile Hearing Board 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda

Heather was originally appointed on August 24, 2015 as an alternate member and re-appointed on December 7, 2015. She was re-appointed as a regular member on August 22,2016 and again on October 24, 2016.

4. Provide a suggested Action Interview only 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604

ATTACHMENTS: 2019.12.09 Larkin Heather.pdf

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July20, 2015

DearCouncil Members,

Myname isHeather Larkin andIwould liketoserveontheJuvenile Hearing Board. Ihave lived inEGsince 2005andbeenactive with various PTGs throughout theyears. AtthistimeIamready tobegin move away fromthatarena andserve thecommunity indifferent ways.

Ichose theJuvenile Hearing Board because Ibelieve everyone deserves asecondchance. BobHoutaling andSgt. Carter havesetupasystem thatprovides anopportunityforkidstogetthatchance. Theidea thatasatownweWANT tohelpkidsandtheirfamilies when they areincrisis meansalottomeasaparent andasaresident ofEG.

Ilook forward tohearing fromyou,

Heather Larkin

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15 JUN 25 AM 10: 37

TOWN OF EAST GREENWICH .VOLUNTEER-APPLICATION

MEMBERSHIP ON BOARD OR COMMASION .

NAME( PLEASE PRINT OR TYPE)

LAST FIRST MIDDLE

qo '* CG Y o- OC, Ebb r DZb tSTREET ADDRESS AND ZIP CODE

MAILING ADDRESS AND ZIP CODE( IF DIFFERENT FROM STREET ADDRESS)

9nk 5 TA0b1'(- kelow-Ny6OCC TION EMPLOYER

W-e- ND SI . 533HOME TELEPHONE BUSINESS TELEPHONE

h ea+ tA f-C, lnoc-4'n CD")-

E-MAIL( PRINT CLEARLY)

MAY YOU BE CONTACTED AT YOUR PLACE OF BUSINESS? YES NO

HOW LONG HAVE YOU BEEN A RESIDENT OF EAST GREENWICH?- 0-0ARE YOU A REGISTERED VOTER OF EAST GREENWICH? YES NO_

NAME OF COMMISSION, COMMITTEE OR BOARD YOU WISH TO SERVE 0N?J0V1V1' - f- ke(wl Optl

APPOINTMENT TO ANY COMMISSIONS, COMMITTEES AND BOARDS REQUIRE THAT A FINANCIAL STATEMENT BE

FILED ANNUALLY WITH THE RHODE ISLAND ETHICS COMMISSION.

Please submit a resume and/ or letter of interest indicating the reasons for seeking appointment to acommission, committee, or board. Also include education, training, experience, special skills,knowledge, talents, and insights or points of view that you might offer to the commission, committee

or board of interest.

Updated 4/ 8/ 2014Page 1 of 2

10

HAVE YOU EVER SERVED ON A COMMISSION, COMMITTEE, OR BOARD IN EAST GREENWICH OR ANOTHER

MUNICIPALITY OR STATE? YES NO

IF SO PLEASE INDICA -:j- have_ neves 5ecyecl u,- C' i ho,--rc( hr.A kYvt

been4

2 SChs15--

IS THERE A SPECIFIC EVENITJG OR OTHER PERIOD OF TIME YOU WOULD BE UNAVAILABLE TO ATTEND

MEETINGS? YES NO

IF SO PLEASE EXPLAIN:

DO YOU ANTICIPATE HAVING TO REFRAIN FROM PARTICIPATING IN DISCUSSION AND VOTING ON ANY

PARTICULAR MATTER( S) THAT MAY COME PEFORE SAID COMMISSION, COMMITTEE OR BOARD BECAUSE

OF CONFLICT OF INTEREST? YES NO

IF SO, PLEASE EXPLAIN:

Affordable Housing Commission Board of Assessment Review Board of Canvassers

Coastal Resources Management Council Cove Management Commission Historic Cemetery Commission

Historic District Commission Housing Authority firvenile Hearing Boar

Kent County Water Authority Municipal Land Trust Personnel Board

Planning Board Quonset Point Dev. Corp Board Senior Advisory Council

Zoning Board

NOTE: APPLICATIONS ARE KEPT ON FILE FOR ONE( 1) YEAR FROM THE DATE OF RECEIPT.

SIGNAT VDATE

PLEASE RETURN APPLICATION AND SUPPORTING DOCUMENTS TO:

TOWN CLERK' S OFFICE

TOWN HALL

125 MAIN STREET

PO BOX 111

EAST GREENWICH, RI 02818

LBOTELLO(&. EASTGREENWICHRI. COM

Page 2 of 2

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Carney, Leigh

From: Myrna Levine <myrn6976@aol.com> Sent: Friday, November 1, 20193:39PMTo: Carney, LeighSubject: Re: JHBRe-appointments

Leigh,

AsIexplained inmypriore-mail, BrianWarburton isthenewchairoftheJHB;; however, Iamhappytoprovide recommendations forHeather andLisa..

Recommendation forHeather Larkin:

Ihaveworked withHeather ontheJHBforseveral yearsandhighly recommend herforanotherterm. Shehasmissed veryfewmeetings during hertenure, andalways participates positively athearings. Sheisvery familiar withtheEGpublic schools, andinteracts wellwiththechildren andtheir families. Ibelieve Heather willcontinue tobeanassettotheJHB.

1

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda) 6:45 PM ~ Lisa Holley for re-appointment to the Juvenile Hearing Board 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda

Lisa was originally appointed on July 23, 2018 as an alternate member and subsequently re-appointed on October 22, 2018 and November 5, 2018.

4. Provide a suggested Action Interview only 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604

ATTACHMENTS: 2019.12.09 Holley Lisa.pdf

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TOWN OF EAST GREENWICHVOLUNTEER APPLICATION

MEMBERSHIP ON BOARD OR COMMISSION

NAME( PLEASE PRINT OR TYPE)

1- 4 0 L L L AILAST FIRST MIDDLE

STREET ADDRESS AND ZIP CODE

MAILING ADDRESS AND Z;fP CGDE( IF DIFFERENT FROM STREET ADDRESS)g L

OCCUPATIONEMPLOYER

HOME TELEPHONEBUSINESS TELEPHONE

1

E- MAIL( PRINT CLEARLY)

MAY YOU PP CONTACTED AT YOUR PLACE OF BUSINESS? YES NO

HOW LONG HAVF YOtJ BELN A RIFSIDENI" CI' FAS' f' GRFL: NWICH? ^ f

ears

ARE YOU A REGISTERED VOTER OF EAST GREENWICII? YES / NO

NAME OF COMMISSION, COMMITTEE OR BOARD YOU WISH TO SERVE ON? ° 11V e Jap

APP' C)[ NI'h!1ENT TO, ANY coA,f,ffSS̀IO S COMMITTEI S AZVD BOAT JS RFQ(JIRE 7IIAI' f-INAIVCIA(: STAI°T,ME Y'BEFILED ANNUALLY WITH THE RHODE ISIANT) ETHICS ComMISSf QN.

Please submit a resume and/ or letter of interest indicating the reasons for seeking appointment to acommission, committee, or board. Also include education, training, experience, special skills,knowledge, talents, and insights or points of view that you might offer to the commission, committeeor board of interest.

TJp d a/ s 2014

Page I. oft

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HAVE YOU EVER SERVED ON A C MMISSION, COMMITTEE, OR BOARD IN EAST GREENWICH OR ANOTHERMUNICIPALITY OR STATE? YES NO

IF SO PLEASE INDICATE•I

l, ,

k a6 ML

IS THERE A SPECIFIC EVENG OR OTHER : PERIOD OF ' TIME, YOU WOULD BE UNAVAILABLE TO ATTENDMELTINGS? YES NO

IF SO PLEASE EXPLAIN.

DO YOU ANTICIPATE HAVING TO REFRAIN FROM PARTICIPATING IN DISCUSSION AND VOTING ON ANYPARTICULAR MATTER ( S) THAT MAY COME? BEFORE, SAID COMMISSION, COMMITTEE OR BOARD BECAUSE.OF CONFLICT OF INTE. REST? YES_ V NO

11" SQ, PLEASE EXPLAIN:

a

Ehousing Commission Board of Assessment Review Board of Canvassersources Management. Council Cove Management Commission historic Cemetery Commission

strict Commissioai Housing Authority Juvenile hearing Boardy Water Authority Municipal Land Trust Personnel Boardard Quonset Point Dew. Corp Board Senior AdvisoryCouncilrd

NOTE:"PLICATIONS ARE KEPT ON. FILE FOR ONE( 1) YEAR FROM THE DATE OF RECEFPT.

CT Gl` A7 UREDATE

PLEASE RETURN APPLICA'T' ION AND SUPPORTING DOCUMENTS TO:

TOWN CLERK' S OFFICE

TOWN HALL

125 MAIN STREET

PO BOX III

EAST GREENWICH, ISI 02818LCAT NT ' I+ASTGIIIJENWTC II1.C"OM

Page 2 of 2

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January 28, 2018

Leigh A. Carney, CMCTown Clerk

Town of East Greenwich

125 Main Street

East Greenwich, Rhode Island 02818

Dear Ms. Carney:

I am writing to express interest in appointment to serve on the Juvenile Hearing Board. I believemy unique mix of professional experiences and background would be a positive asset to theTown of East Greenwich. I have been a resident of East Greenwich since 1990.

I have been a member of the Rhode Island Bar and the United States District Court for the

District of Rhode Island since 2002, and am currently a solo practitioner in Providence.

Prior to opening my practice in October 2016, I was the Deputy Personnel Administrator/ LaborRelations for the State of Rhode Island, Department of Administration beginning in October2014. In this role, I was responsible for planning, implementation, organization andadministration of all statewide labor relations activities including contract negotiations, contractadministration, labor arbitrations, and grievance review and disposition. I represented the state in

contract negotiations and oversaw the activities of outside labor and employment counsel.

In January of 2015, I was temporarily assigned by Governor Gina Raimondo to the Departmentof Children, Youth and Families (" DCYF") as Executive Counsel to provide legal oversight to a

resource team, tasked with reforming the state' s child welfare agency. In that capacity, I wasresponsible for overseeing all labor and employment related matters, department policydevelopment, legislative drafting and review, contract review and procurement, and all DCYFlegal matters. I was the liaison to the Rhode Island Attorney General' s Office for civil suits,managed internal departmental legal counsel, conducted all of DCYF' s sensitive internal

investigations, provided litigation support, and assisted with hearing and trial strategy asappropriate.

Between November 2008 and October of 2014, I was Chief Legal Counsel of the Rhode Island

Department of Public Safety (" DPS") and Rhode Island State Police (" RISP"). As Chief Legal

Counsel, I had legal oversight of seven state agencies comprised of 650 employees, with a

budget of$ 125 million dollars. My day- to-day responsibilities included providing legal adviceand counsel to each of the seven public safety agencies, directing the activities of outsidecounsel, handling all labor relations activities, including negotiating labor contracts, arbitrationsand grievances, negotiation of all contracts and memorandums of understanding between theagencies and third-parties, and undertaking internal investigations. In addition, I represented theDPS and RISP in matters before the R. I. General Assembly.

TELEPHONE ( 401) 400- 2850 FAX( 401) 633- 7338 EMAIL: LISA@LISAHOLLEYLAW. COM

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At the request of then Governor Chafee in March 2011, I led a team to reform the State' s

Department of Motor Vehicles (" DMV"). Our nine- month effort included: analyzing thetechnology and other issues that prevented online transactions and further automation; workingto improve the perception of the DMV' s employees, including securing customer service trainingfor all staff members; reorganizing the entire agency to improve work flow and increaseefficiency; and maximizing resources. Our efforts led to the transformation of the organization,resulting in reducing wait- times by several hours — Governor Chafee' s most notable

accomplishment to date.

I began my twenty-year career with the State of Rhode Island as the Chairperson of the RhodeIsland Parole Board. In that capacity, I was charged with administration of the agency, oversaw afiscal budget of over $ 1. 0 million annually, supervised the staff of the Parole Board, developedand oversaw the Sexual Offender Community Notification Unit, and presided over more than2, 000 parole hearings annually.

Prior to chairing the RI Parole Board, I served as a sworn Police Officer in the City of Warwick.

I am confident that my state and municipal government experience, and professional backgroundwould immediately allow me to contribute to the Town of East Greenwich.

I thank you in advance for your consideration.

Sincerely,

s/ Lisa S. Holley

Lisa S. Holley, Esq.

TELEPHONE ( 401) 400- 2850 FAX( 401) 633- 7338 EMAIL: LISA@LISAHOLLEYLAW. COM

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REFERENCES

Honorable Chief Justice Frank Williams ( Ret.)

Rhode Island Supreme Court

Licht Judicial Courthouse

250 Benefit Street

Providence, RI 02903

401- 222- 3372

Honorable Chief Judge Jeanne E. LaFazia

Rhode Island District Court

Garrahy Judicial ComplexOne Dorrance Plaza

Providence, RI 02903

401- 458- 5201

Honorable Judge Bennett R. Gallo

Rhode Island Superior Court

McGrath Judicial Complex

4800 Tower Hill Road

Wakefield, RI 02879

401- 782- 4121

Additional references can be provided upon request.

TELEPHONE ( 401) 400- 2850 FAX( 401) 633- 7338 EMAIL: LISA@LISAHOLLEYLAW. COM

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LISA S. HOLLEY, ESQ.127 Dorrance Street

Providence, Rhode Island 02903

401- 935- 1258

lisa@lisaholleylaw. com

PROFESSIONAL EXPERIENCE

LISA HOLLEY LAW, LLC. 2016 TO PRESENT

SOLO LEGAL PRACTITIONER

FOCUSING ON LABOR AND EMPLOYMENT LAW, FAMILY LAW, CRIMINAL LAW, POST- CONVICTION ACTIONS,

ADMINISTRATIVE AND GOVERNMENT REGULATORY ISSUES.

RHODE ISLAND DEPARTMENT OF ADMINISTRATION 2014 to 2016

Deputy Personnel Administrator- Labor Relations

Responsible for planning, implementation, organization and administration of labor relations activities includingcontract negotiations, contract administration, arbitrations and grievance review and disposition. Represent the state

in contract negotiations by bargaining with the various employees' representative organizations with authority topresent contract offers and acceptances. Liaison to outside counsel in labor related legal processes. Maintain uniform

personnel policies and procedures, which can be administered in compliance with all state laws and in accordance

with the existing labor agreements covering state employees.

Acting) Executive Counsel- Department of Children, Youth and Families 2015

Temporary assignment as Executive Counsel to the Chief Strategy Officer, Executive Office of Health and HumanServices. Responsible for policy development, legislative drafting and review, labor negotiations, oversight ofstatewide Juvenile Justice programs ( RI Training School for Youth, Juvenile Probation), and oversee the DCYF

Legal Office. Liaison to the Attorney General' s Office, provide litigation preparation and support, review responses

to subpoenas and Access to Public Records Act requests, assist with hearing and trial strategy as appropriate.

RHODE ISLAND DEPARTMENT OF PUBLIC SAFETY 2008 to 2014

Chief Legal Counsel

Executive Counsel to the Director of Public Safety and the Colonel of the Rhode Island State Police. Provided legal

services, including advice, analysis and guidance to the Rhode Island State Police, Capitol Police, RI MunicipalPolice Academy, E911, Grant Administration Office, Office of the Fire Marshal, Division of Sheriffs. Responsiblefor legislative drafting and submissions, policy development, rules and regulations promulgation, and oversee theDepartment' s relationship with the General Assembly and other State offices. Conducted labor negotiations,

including directing outside counsel in arbitrations, oversee pre- disciplinary and grievance hearings, act as the

hearing officer for specified internal matters, and undertake contract negotiations, including drafting relevantdocuments, with the unions, as well as third- parties. Liaison to the Attorney General' s Office, and provide litigation

preparation and support, respond to subpoenas and Access to Public Records Act requests, assist with hearing andtrial strategy, as appropriate. Conduct law- related trainings for new recruits, as well as in- service trainings for active

Rhode Island State Troopers, including: criminal and civil procedure, report writing, legal use of force and criminallaw.

RHODE ISLAND DIVISION OF MOTOR VEHICLES 2011 to 2012

Interim Administrator

At the request of Governor Chafee, undertook a nine month review of the operations of the DMV in order to assess

current conditions and then develop and implement a plan for improving the Division. Led a resource team of 15state employees. Implemented enhancements to operations in the areas of process, work flow, customer service and

staffing. Significantly reduced wait times for all services provided by the Division.

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SALVE REGINA UNIVERSITY 2008 to present

Adjunct Professor, Administration of Justice Department

Teach coursework in the Administration of Justice Department, including: Women and Crime, Violent Offendersand Profiling, and First Amendment Law.

STATE OF RHODE ISLAND PAROLE BOARD 1995 to 2008

Chairperson 1997 to 2008

Gubernatorial appointee charged with administration of a state agency. Oversee a fiscal budget of approximately1, 000, 000. Supervision of staff of the RI Parole Board and the RI Sexual Offender Community Notification Unit.

Implementation of Sexual Offender Community Notification objectives pursuant to statute. Preside over all paroleboard hearings, issue parole detention warrants, and authorize extradition of alleged parole violators.

Implementation of Federal Grants, participation on statewide grant planning and implementation teams.

Parole Board Member 1995 to 1997

Consider sanctioning goals, ( rehabilitation, just deserts, incapacitation, restorative justice), normative goals

proportionality, equity, parsimony, humaneness), and system goals, ( effective and efficient use of resources,

reduction of overcrowding, timeliness, credibility of the system) to determine when to grant a discretionary releasefrom incarceration. Evaluate inmates' psychological and social reports and findings, behaviors and infractions, and

their progress in rehabilitative programming to determine readiness for societal re- entry. Make determinations ofparole revocation utilizing the holding in Morrisey v. Brewer. Consider facts establishing parole violations.

CITY OF WARWICK POLICE DEPARTMENT 1982 to 1997

Police Sergeant, Uniform Division 1996- 1997

Responded to and supervised patrol officers at critical incident scenes. Demonstrated communication skills in court

and at other formal settings. Effectively communicated with people by giving information and direction, mediatingdisputes and advising of rights and processes. Exercised independent judgment in determining when there wasreasonable suspicion to detain, when probable cause existed to search and arrest, and determination of when force

may be used and to what degree.

Police Detective, Bureau of Criminal Identification 1995 to 1996

Investigated major crime scenes. Searched for, collected, and photographed forensic and physical evidence.

Analyzed, stored and maintained evidence in compliance with chain of custody requirements. Classified and

maintained fingerprints utilizing the Henry System.

Police Detective 1990 to 1995

Investigated various crimes reported to the department. Interviewed victims and witnesses to make determinations

of the nature of the offenses committed. Interrogated suspects and prepared criminal charges against offenders.

Prepared criminal charging packages and testified in various court proceedings.

Task Force Agent, U. S. Department of Justice, Drug Enforcement Administration 1984 to 1990

Member of the Organized Crime Drug Enforcement Task Force. Identified violators of the United States CriminalCode. Participated in undercover investigations involving drug smuggling and distribution activities. Testifiedbefore federal grand juries and in federal criminal trials. Liaison to the US Attorney' s Office for all DEA/OCDETFAsset Forfeiture matters.

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Patrol Officer, Uniform Division 1982 to 1984

Enforced the General Laws of the State of Rhode Island and the Motor Vehicle Code. Apprehended criminal

offenders and charged accordingly. Testified in District, Superior and Administrative Adjudication Court.

EDUCATION

HARVARD LAW SCHOOL CERTIFICATE

Program of Instruction for Lawyers — Negotiation Work Shop 2004

ROGER WILLIAMS UNIVERSITY SCHOOL OF LAW J. D. - HONORS

Class Rank- 71 2001

Honors/ Awards— Corpus Juris Secundum Award for Criminal Law, Criminal Procedure, CALI Award for Local

Government Law

SALVE REGINA UNIVERSITY M. S.

Administration of Justice 1997

ROGER WILLIAMS UNIVERSITY B. S.- HONORS

Administration of Justice 1993

PROFESSIONAL DEVELOPMENT AND TRAINING

NATIONAL INSTITUTE OF CORRECTIONS

New Parole Board Member Training.

UNIVERSITY OF RHODE ISLAND

John Hazen White Center for Ethics and Public Service, Ethics in Public Management.

University of Rhode Island Crime Laboratory, Criminalistics, Advanced Administrative Latent Fingerprint Course.

Northeast Law Enforcement Officers Association, Domestic Violence Training, Child Abuse Investigation, ChildMolestation Investigation.

U. S. DEPARTMENT OF JUSTICE

DEA Office of Training, Task Force Agent Training, Drug Investigation, Financial Investigations, Asset Removaland Forfeiture.

LABOR ARBITRATION INSTITUTE

Negotiation, Mediation and Arbitration.

21

SPEAKING ENGAGEMENTS

U. S. DEPARTMENT OF JUSTICE- NATIONAL INSTITUTE OF CORRECTIONS

Comprehensive Framework for Paroling Authorities in an Era of Transition", Advisory Board, Washington, DC,various dates 2007- 2008.

Association of Paroling Authorities/ Association of State Correctional Administrators Joint Planning Summit,Alexandria, VA, October 2007.

Community Corrections, Joint Networks Summit, Chicago, IL, May 11, 2004.

COUNCIL OF STATE GOVERNMENTS

Re- entry Policy Council, Advisory Group, " Guide to Assessing and Tracking Statewide Prison Re- entry Plans,"November 2007.

Re- entry Policy Council, Financial Obligations Summit, Washington, DC, April 2006.

Sexual Offender Management Policy Council, National Legislative Summit, Little Rock, AR, February 2006.

NATIONAL ASSOCIATION OF BLACKS IN CRIMINAL JUSTICE

Effective Responses to Violation of Parole," Jacksonville, FL, July 2002, presented with The Center for EffectivePublic Policy.

CRIME AND JUSTICE INSTITUTE

A Multi-jurisdictional Study of Reduced Caseload Size and Related Supervision Strategies in ManagingOffenders", Dissemination Advisory Group, Philadelphia, PA July 2007.

RHODE ISLAND JUDICIARY

Parole Board Guidelines and Policy," Annual Judicial Training, Newport, RI, August 2004.

Parole Board Guidelines and Policy," Annual Judicial Training, Newport, RI, August 2002.

Parole and Prison Classification", Superior Court Continuing Legal Education, Providence, RI, October 2004.

RHODE ISLAND ATTORNEY GENERAL

The Parole Process in Rhode Island," RIAG Continuing Legal Education, Providence, RI, June 2005.

Social Media and the Law," RIAG Continuing Legal Education, Providence, RI, June 2012.

AWARDS

2006 Victims Rights and Services Award

Rhode Island Victims' Advocacy and Support Center, for development of exemplary victims' assistance programsin Corrections.

2006 THE NEIL J. HousTON AWARD

Justice Assistance, demonstrated dedication, service, and citizen contributions to the criminal justice profession and

the public interest. 22

2008 BBN BAER AWARD

Association of Paroling Authorities International, for significant service to the field of parole and communitycorrections internationally

23

24

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda) Minutes from October 24, 2019 (Special Meeting - Open Session) 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda DRAFT minutes from October 24, 2019

4. Provide a suggested Action Motion to approve 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604

ATTACHMENTS: 20191024 Town Council Minutes DRAFT.pdf

25

20191024 Town Council Minutes Draft Page 1

MINUTES Town Council

Town of East Greenwich Special Meeting

Town Hall, 125 Main Street, East Greenwich, RI 02818 October 24, 2019

1) Call to Order and Pledge of Allegiance to the American Flag

Town Council (5/5): Mark Schwager, President; Michael Donegan, Vice President; Caryn Corenthal, Renu Englehart and Michael Zarrella Town Staff: Andrew Nota, Town Manager; Andrew Teitz, Town Solicitor; Leigh Carney, Town Clerk/Executive Assistant to the Town Manager; Wendy Schmidle, IT Director; Col. Stephen Brown, Chief of Police; Cpt. Stanley Cirella, Deputy Chief of Police Others: Dr. James Miller; Cindy Tangney, Stenographer President Schwager called the meeting to order at 7:05pm and introduced EG Troop 1 led by James Gorham who led the assembly in the Pledge of Allegiance to the American Flag for their merit badge.

2) Public Hearing

2.a ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 152 thereof, entitled "NOISE" (SECOND READING/PUBLIC HEARING).

President Schwager opened the hearing with some introductory comments related to the impact of noise on the waterfront. He explained the process of amending Town ordinances. The meeting format was described in order to facilitate order and diplomacy. Members of the Council were introduced. Mr. Nota stated that the discussion is on the entire noise ordinance, not just the waterfront. He commented on maintaining civility and giving Council the opportunity to hear the message. Council will focus on parking, business needs, license renewals, compliance and enforcement and comp review of waterfront area and public spaces.

Solicitor Teitz entered the following documents into the record with a brief explanation: Chapter 152 Noise DRAFT v2 redlined 9-18-2019.pdf 2019.10.24 Noise Ordinance Amendments.pdf 2019.10.24 Noise TCM Minutes 2019 (combined).pdf 2019.10.24 Noise EG Waterfront Meeting Minutes 05.13.19.pdf 2019.10.24 Noise EGPD Officer Initiated Meter Readings 2019.pdf 2019.10.24 Noise Miller Report.pdf 2019.10.24 Noise collection of other towns' noise rules d2.pdf 2019.10.24 Noise Gelineau packet.pdf

26

20191024 Town Council Minutes Draft Page 2

2019.10.24 Noise Waterfront.Area.v4.pdf 2019.10.24 Noise WaterFront.Birdseye.WithStreets.pdf 2019.10.24 Miller Report 2.pdf He acknowledged that other issues are recognized but not being addressed at this hearing. Town Code Section 152-6 (H) regarding church bells as an exemption was requested to be deleted. Solicitor Teitz provided a thorough overview of the key proposed amendments to the ordinance. Dr. James Miller gave a presentation entitled Noise at the East Greenwich Waterfront. The report including information on background on sound, noise mitigation efforts, overview of measurements (equipment, locations, dates/times), example plots of data (NTi noise monitoring system, (audio clip), B&K sound level meter) and an overview of literature on impacts of noise. He stated that he met with bar owners and residents to understand the noise issue. Noise measurements were taken with two calibrated systems. Electronically-amplified music levels at times reached over 80 dbC and 70 dbA when live music was playing in bars. Music is more annoying than most other sources of noise. Noise levels above 55 dbA can cause sleep disturbance and noise levels above 65 dbA causes more than 50% of residents to be annoyed.

Councilors engaged with Dr. Miller in a lengthy discussion regarding mitigation, difference of 5db's on C weighted scale, health benefits to lowering decibels, dbA versus dbC levels regarding low frequency and impacts on residents, sleep disturbances, magnitude of decrease in dbC level. Mr. Nota addressed enforcement. Chief Brown explained how readings are taken. Discussion ensued on best practices for taking measurements. Elijah Ellis of 98 Long Street spoke in favor of the proposed amendments. He provided copies of his speech (Exhibit 1). Joseph Gelineau of 88 King Street commented on the information contained in the packet he submitted which was entered into the record as Exhibit #2. He spoke on behalf of the residents requesting decibels reduced to 65. Steve Lombardi, Executive Director of the East Greenwich Chamber of Commerce, commented in favor of maintaining entertainment in the waterfront area for the benefit all local businesses.

Attorney Jeffrey Gladstone spoke on behalf of Blu on the Water. He provided a copy of a transcription of the testimony of Dr. James Miller from the East Greenwich Town Council meeting of September 9, 2019 which was entered into the record as Exhibit #3. He agreed that reducing the decibels to 65 would be acceptable at the dbA level. He addressed prior mitigation efforts and the effects of the proposed amendments have on his client specifically. A debate ensued in reference to Dr. Miller's report. Mr. Gladstone then made reference to the original study completed by Dr. Miller in June regarding dbC

27

20191024 Town Council Minutes Draft Page 3

levels being over the maximum. He spoke to other levels in neighboring communities and reiterated that 65 dbA would be acceptable, with 75 dbC and no 5 db. Councilor Corenthal provided details on levels locally and nationwide. Debate followed on changes in Warwick and fairness amongst businesses. Jarod Chelo of 55 Governors Hill in West Warwick referred to a prior slide identifying dbA levels in other waterfront communities. Discussion ensued on regulating sound levels in areas that were zoned differently. He stated that with hard work, he could comply with 65 dbA but not with what is being proposed. He suggested removing the 5 decibel buffer and dbC all together. Discussion ensued on the impact of the dbC levels and mitigation efforts made this year. Meeting went into recess. Meeting reconvened. Robert Black of King Street commented on the impact of sound levels on animals. Robert Bolton of 225 Watch Hill commented on the importance of the waterfront in East Greenwich and spoke in favor of 65dbA. Dan Rider of 11 Moss Street in West Warwick commented on levels of ambient noise being at the maximum level during the night at Harborside, and spoke about why dbC is louder than dbA. Jenna Repka of West Warwick and employee of Blu on the Water commented that Blu was a great employer and advocated for a fair decision. Zack Chelo representing Blu on the Water reiterated that all waterfront areas are consistently at 65dbA with the exception of Warwick being the outlier. He stated it would be impossible to continue to play music with the proposed amendments. Councilor Corenthal engaged in discussion about nationwide levels. VP Donegan engaged in discussion about balance within the community. Councilor Englehart questioned moving music inside. Mr. Chelo rejected that idea and favored returning to the previous levels when it was not a bigger issue. Dr. Miller returned to answer additional questions from Council. He addressed sound filtering, barrier construction and volume control. Solicitor Teitz addressed the need to maintain a dbC level. Dr. Miller added that dbA levels are not capturing the full effects on low level sounds nationwide. Lengthy discussion continued about all aspects reducing and/or eliminating levels. Solicitor Teitz recommended decreasing dbA and keeping the dbC at the same level. Dr. Miller also recommended including 'C'.

Council began final discussion.

28

20191024 Town Council Minutes Draft Page 4

Motion to amend the draft ordinance to remove section 152-6 H made by Michael Donegan, seconded by Renu Englehart

Ayes: ALL Motion carried 5 – 0

Motion to amend section 152-5 B to change the word ‘shall’ to ‘may’ made by Councilor Zarrella, seconded by Michael Donegan

Discussion followed.

Motion to amend the original motion to say that any entertainment license holder suffering a suspension of such entertainment license shall have such suspension carried over into a future year if the license is seasonal in nature made by Councilor Zarrella, seconded by VP Donegan

Ayes: ALL Motion carried 5 – 0

Discussion continued on section 152-4 B (1) and (2) regarding decibel levels and times.

Motion to reduce the sound levels to 60dbA and 65dbC and eliminate the step-down in times in section 152-4 B. (1) and (2) by Councilor Zarrella, seconded by Michael Donegan

Ayes: ALL Motion carried 5 – 0

Debate followed on hours and times.

Motion to amend section 152-4 B. (1) to read Monday, Tuesday and Wednesday 6pm to 10pm made by Renu Englehart, seconded by Michael Donegan

Discussion ensued.

Ayes: ALL Motion carried 5 – 0

Motion to reject the proposed changes to times on Thursday, Friday and Saturday and Sunday of a holiday weekend in section 152-4 B. (1) made by Michael Zarrella, seconded by Michael Donegan

Ayes: ALL Motion carried 5 – 0

29

20191024 Town Council Minutes Draft Page 5

Motion to reject the proposed changes to times on Thursday, Friday and Saturday in section 152-4 B. (2) made by Mark Schwager, seconded by Michael Donegan

Ayes: ALL Motion carried 5 – 0

Motion to approve the draft ordinance as amended made by Michael Donegan, seconded by Renu Englehart

Ayes: ALL Motion carried 5 – 0

3) Adjournment

Motion to adjourn made by Michael Zarrella, seconded by Michael Donegan

Ayes: ALL Motion carried 5 – 0

Submitted by:

Leigh A. Carney, CMC Town Clerk

Approved: (PENDING)

VIDEO OF THIS MEETING IS AVAILABLE ON THE TOWN’S WEBSITE

30

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda) Minutes from October 28, 2019 (Regular Meeting - Open Session) 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda DRAFT minutes

4. Provide a suggested Action Approve 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604

ATTACHMENTS: 20191028 Town Council Minutes DRAFT .docx

31

@BCL@700AA805.Docx Page 1

MINUTESTown Council

Town of East GreenwichRegular Meeting

Town Hall, 125 Main Street, East Greenwich, RI 02818October 28, 2019

1) Call to Order and Pledge of Allegiance to the American Flag

Town Council (4/5): Mark Schwager, President; Michael Donegan, Vice President; Renu Englehart and Michael Zarrella (arrived at 7:06pm) (Caryn Corenthal – absent)

Town Staff: Andrew Nota, Town Manager; Peter Skwirz, Assistant Town Solicitor; Leigh Carney, Town Clerk/Executive Assistant to the Town Manager; Col. Stephen Brown, Chief of Police; Cpt. Stanley Cirella, Deputy Chief of Police; Wendy Schmidle, IT Director; Joseph Duarte; DPW Director; Patricia Sunderland, Finance Director; Catherine Bradley, Community Services and Parks Director; Bernard Patenaude, Fire Chief

Others: Derek Osterman, Colliers; Robert Wilmarth, School Facilities Director

President Schwager called the meeting to order and asked the EG Fire Department’s Honor Guard to post the colors.

2) Public Comments

There were no public comments.

3) Acknowledgements

Motion to approve the acknowledgements moved by Renu Englehart, seconded by Michael Donegan

AYES:ALL Motion carried 3 – 0

Councilor Zarrella arrived.

3.a Acknowledgement for Daniel Madden for rehabbing the Franklin Road Fitness Park as his Eagle Scout project.

Cover PageEagleScoutAcknowledgement-Madden.docx

Daniel Madden was presented with his commendation and spoke briefly about his project.

32

@BCL@700AA805.Docx Page 2

3.b Acknowledgement for Brendan Martin for constructing the kayak rack at Scalloptown Park as his Eagle Scout project.

Cover PageEagleScoutAcknowledgement-Martin.docx

Brendan was unable to attend.

Chief Patenaude presented Patrick Sullivan, Matthew Masciarotte and Richard Collins.

3.c Swearing In of Patrick Sullivan as Firefighter

Ms. Carney administered the oath of office and he was pinned by his father, Deputy Chief Keith Sullivan of the Central Falls Fire Department.

3.d Swearing In of Matthew Masciarotte as Firefighter

Ms. Carney administered the oath of office and he was pinned by his wife, Pamela.

3.e Swearing In of Richard Collins as Firefighter

Ms. Carney administered the oath of office and he was pinned by his father, Richard Sr.

The colors were retired by the EG Fire Department Honor Guard. President Schwager introduced members of the Council and Town Staff.

4) Consent Calendar and Communications

4.a Recommendation from the Tax Assessor for abatements to the 2019 Tax Roll in the amount of $23,123.73 and additions to the 2019 Tax Roll in the amount of $5,089.95.

Cover Pageabatements 10-28-2019.pdf

4.b Application for a New Holiday Sales License for CBD Center of RI, LLC, 5750 Post Road Unit 1A

Cover Page2019.10.24 Holiday Sales CBD Center.pdf

4.c Award of purchase of grant funded SMART board for Fire Department

Cover PageHSGP Award letter.pdfSMART Board Quote.pdf

33

@BCL@700AA805.Docx Page 3

Motion to approve the Consent Calendar moved by Michael Donegan, seconded by Renu Englehart

AYES:ALL Motion carried 4 – 0

5) Reports and Presentations

5.a Presentation on the Special Referendum School Bond ($5 million) and Sewer Bond ($4.5 million).

Cover Page2019.10.15 plant upgrades statement.pdf2019.10.15 WWTP_Plant_Upgrade_Council (2).pdf2019.10.28 sample ballot.pdf2019.10.28 School Bond Fact Sheet for Workshop 9-24-19.pdf2019.10.28 School Bond List w Desc.pdf2019.10.28 School Bond Presentation 9-24-19.pdf

Derek Osterman with Colliers, the project manager, began by showing a short video on the school bond. He provided details on three main components regarding safety/security, State funding and regulatory impacts. The allocation of project funds and the types of projects per school were touched upon and it was noted that there would be no increase on tax dollars. Specific information on the bond was given and Mr. Osterman addressed the Town's need for repairs and upgrades at most school buildings. The RIDE reimbursement process was explained. Mr. Nota addressed the programmatic options the School Department had to choose regarding building maintenance. Discussion continued about qualified expenditures and budgeting for maintenance versus utilizing capital funds. Mr. Wilmarth spoke about the necessity and timing of the bond. Mr. Nota spoke about state aid projections and the need to continue to budget for annual capital. Lengthy discussion ensued regarding several aspects of financing the bonds, budgeting and project selection process. Ms. Sunderland addressed best practices for spending and reimbursement.

Mr. Duarte provided details on the Sewer Bond beginning with a short video followed by a slide presentation which identified the major components needing replacement at the treatment plant. Discussion followed on the debt schedule/financing and project timeline. RIPDES permits and nitrogen levels and BOD's (biological oxygen demands) were discussed.

5.b Town Manager's Report

2019.10.28 Town Manager's report.pdf

Mr. Nota provided a brief update on personnel, ICMA conference and legislative priorities from the RI League of Cities and Towns.

34

@BCL@700AA805.Docx Page 4

6) New Business

6.a Kayak Rack Rules & Fee

Cover PageKayak Rack Rules.pdf

Director Bradley explained the rules are similar to the dinghy rack rules. She gave a brief overview of the rules and fees. The Cove Management Commission approved of the plan. Enforcement is driven by a complaint. Availability is given to East Greenwich residents first by lottery. Security is the renter’s responsibility. Assistant Solicitor Skwirz recommended adding a rule that renters must be 18 years of age or older.

Discussion continued on managing memberships.

Motion to approve the kayak rules and fee structure as presented moved by Michael Donegan, seconded by Michael Zarrella

AYES:ALL Motion carried 4 – 0

7) Council Announcements and Comments

Councilor Englehart voiced her concerns regarding the historical house located at 1727 Division Road.

8) Public Comments

Susan Glennon, 999 Frenchtown Road, passed around a box full of straws she collected from the cove on both Warwick and East Greenwich sides over the last few months. She commented on a recent article in the Patch regarding tap water in local communities. Discussion ensued. Mr. Nota agreed to connect Ms. Glennon with the Town's representative on the Kent County Water Authority. Assistant Solicitor Skwirz noted that Barrington adds restrictions on straws to the victualing license.

Ms. Bradley thanked all those who helped with the Halloween festivities.

Motion to convene into Executive Session per RIGL 42-46-5 (a) (2) pertaining to litigation regarding AAA case 01-18-0002-6263 (arbitration regarding failure to fill Chief Clerk position) and remain in Executive Session per RIGL 42-46-5 (a) (2) for sessions pertaining to potential litigation regarding Continuance of Contractual Provisions legislation moved by Michael Donegan, seconded by Renu Englehart

AYES: ALL Motion carried 4 – 0

35

@BCL@700AA805.Docx Page 5

9) Executive Session

9.a Closed pursuant to RIGL 42-46-5 (a) (2) pertaining to litigation regarding AAA case 01-18-0002-6263 (arbitration regarding failure to fill Chief Clerk position).

9.b Closed pursuant to RIGL 42-46-5 (a) (2) for sessions pertaining to potential litigation regarding Continuance of Contractual Provisions legislation.

Following the Executive Session, Council reconvened into Open Session. It was reported that no action was taken on item 9.a. and action was taken on item 9.b. which will remain under seal until such time the vote can be released.

Motion to seal the Executive Session minutes moved by Michael Donegan, seconded by Michael Zarrella

AYES:ALLMotion carried 4 – 0

10) Adjournment

Motion to adjourn moved by Michael Zarrella, seconded by Michael Donegan

AYES:ALLMotion carried 4 – 0

Submitted by:

Leigh A. Carney, CMCTown Clerk

Approved:(PENDING)

36

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda)

Abatements to the 2019 tax roll for motor vehicles in the amount of $509.84 and real estatetax roll in the amount of $1,868.41.

2. Submitted by (List department and individual, if necessary) Anthony Davey, Tax Assessor 3. Provide a brief description of the item and why it is on the agenda

Abatements to the 2019 motor vehicle tax roll in the amount of $509.84Abatements to the 2019 real estate tax roll in the amount of $1,868.41

4. Provide a suggested Action Approve as submitted 5. Contact person and phone number for questions. Anthony Davey, 401.886.8614

ATTACHMENTS: abatements 12-9-2019.pdf

37

12/03/2019 09:40 |TOWN OF EAST GREENWICH |P 1adavey |OPEN ABATEMENTS (LIST ONLY) |txabtent

REF NO CAT YEAR BILL OWNER NAME RESOLUTION EFFEC DATE ASSMT CHANGE CHARGE ABATEMENT

PROPERTY REASON CLERK ENTRY DATE POSTS LIABL AMOUNT____________________________________________________________________________________________________________________________________

2585 30 2019 4965 170014555 MURTHY PRAVEEN S 12/03/2019 0 MVTAX -104.36 NV417 SSR SOLDIERS,SAILORS RELIEF adavey 12/03/2019

2586 20 2019 4935 100404757 FREEMAN JEAN-PIERRE/BRITTNEY T 12/03/2019 0 RETXR -1,506.33 054-007-165-0000 AGA ASSESSOR GRANTED APPEAL adavey 12/03/2019

2587 20 2019 5390 109006428 CARROCCIA JOHN SO 12/03/2019 0 RETXR -362.08 000-900-000-6428 AGA ASSESSOR GRANTED APPEAL adavey 12/03/2019

2588 30 2019 5706 170016480 CCAP AUTO LEASE LTD 12/03/2019 0 MVTAX -48.00 10088 MV OOT MV OUT OF TOWN adavey 12/03/2019

2589 30 2019 580 6685 ONEIL, SAMANTHA T 12/03/2019 0 MVTAX -357.48 UN146 PLATE PLATE RETURNED adavey 12/03/2019

5 ABATEMENTS ABATEMENT TOTAL -2,378.25

38

12/03/2019 09:40 |TOWN OF EAST GREENWICH |P 2adavey |OPEN ABATEMENTS (LIST ONLY) - CHARGE SUMMARY |txabtent

YEAR CAT CHARGE ABATEMENT AMOUNT______________________________________________________________

2019 20 RETXR RE Tax Residential -1,868.41 2019 30 MVTAX MV -509.84

_______________ -2,378.25

_______________2019 TOTAL -2,378.25

ABATEMENT TOTAL -2,378.25

39

40

41

42

43

44

45

46

47

45-55-8

file:///J|/Sewer/Sole%20Source%20Exemption_45-55-8.html[12/2/2019 8:49:32 AM]

TITLE 45Towns and Cities

CHAPTER 45-55Award of Municipal Contracts

SECTION 45-55-8

§ 45-55-8. Sole source procurement and emergency procurements.

(a) A contract may be awarded for a supply, service, or construction item without competition when, under publishedregulations, the purchasing officer determines, in writing, that there is only one source for the required supply, service,or construction item.

(b) Notwithstanding any other provision of this chapter, the purchasing agent may make or authorize others to makeemergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions asdefined in regulations or where the procurement will be in the best interest of the city as established by properlypromulgated rules and regulations; provided, that emergency procurements shall be made with as much competition asis practicable under the circumstances. A written determination of the basis for the emergency, and for the selection ofthe particular contractor, shall be included in the contract file.

History of Section.(P.L. 1992, ch. 394, § 1.)

48

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda)

Award of bid to JC Madigan Inc., 450 Old Union Turnpike, Lancaster, MA, 01523 for thepurchase of two Eleven Foot Snow Plow in an amount of $15,550.00.

2. Submitted by (List department and individual, if necessary) Fred Gomes, Public Works 3. Provide a brief description of the item and why it is on the agenda To purchase two Eleven Foot Snow Plow 4. Provide a suggested Action

A motion to award of bid to JC Madigan Inc., 450 Old Union Turnpike, Lancaster, MA,01523 for the purchase of two Eleven Foot Snow Plow in an amount of $15,550.00.

5. Contact person and phone number for questions. Joe Duarte, 401-886-8621

ATTACHMENTS: Bid Award Letter, Plow_2019.pdf Eleven Foot Plow Bid Tab.pdf

49

Town of East Greenwich 125 Main Street

P.O. Box 111

East Greenwich, RI 02818

Town Council

Town Manager

886-8665

Town Clerk

886-8604

Canvassers

886-8603

Probate

886-8607

Finance

886-8612

Tax Assessor

886-8614

Municipal Court

886-3212

Planning

886-8645

111 Peirce Street Public Works

886-8618

Building Official

886-8617

121 Peirce Street

Swift Community

Center

Senior & Human

Services

886-8669

176 First Avenue

Police Department

Dispatch

884-2244

Administration

886-8640

Information

Technology

886-8670

1127 Frenchtown

Road

Parks & Recreation

886-8626

RI Relay #711

800-745-5555

Date: December 2, 2019

To: Andrew Nota, Town Manager

From: Joseph Duarte, Public Works Director

Re: Snow Plow

On Thursday November 7, 2019 bids were opened in the Town Council Chambers

for an “Eleven Foot Snow Plow” for the Highway Department. Bids were sent to

five (5) vendors who provide this type of product. It was advertised in the East

Greenwich Pendulum, and the town’s website. It was also posted on public bulletin

boards at the town hall and the public library. Two (2) bids were received for this

product. The best qualified bid conforming to specifications for the “Eleven Foot

Snow Plow” was received from JC Madigan Inc., for a delivered price of

$15,550.00.00 each.

Therefore, I recommend award to the best qualified vendor, namely JC Madigan

Inc., 450 Old Union Turnpike, Lancaster, MA, 01523 for a delivered price of

$15,550.00 each. for the Eleven Foot Snow Plow.

Cc: Jim Fogell, Highway Superintendent

Fred Gomes, Special Projects Coordinator

Encl: Tabulation

50

BID OPENING CONFORMS TO

7-Nov-19 Manufacturer and Model Unit Price Delivery Date SPECIFICATIONS

VENDOR Type Each Yes or No

JC Madigan, Inc 2019

450 Old Union Turnpike ROOT $15,550.00 120 days Yes

Lancaster, MA, 01523 RXT-6211-PA

(978)847-0068

JC Madigan, Inc 2019

450 Old Union Turnpike EVEREST $15,800.00 75 days Yes

Lancaster, MA, 01523 R132TE45SH 1 in stock

(978)847-0068

BID TABULATION

ELEVEN FOOT SNOWPLOWS

51

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda)

Award of bid to MHQ, 401 Elm Street, Marlboro, MA, 01752 for the purchase of a WasteWater Treatment Facility Staff 4 x 4 Pickup Truck in the amount of $30,971.70.

2. Submitted by (List department and individual, if necessary) Fred Gomes, Public Works 3. Provide a brief description of the item and why it is on the agenda See bid award letter attached.

4. Provide a suggested Action Approval 5. Contact person and phone number for questions. Joe Duarte, 401-886-8615

ATTACHMENTS: Bid Award Letter Sewer Pick up.pdf Vote-Vehicle Bid Extension-MHQ-January 31, 2020.pdf East Greenwich F150 Quote

52

Town of East Greenwich 125 Main Street

P.O. Box 111

East Greenwich, RI 02818

Town Council

Town Manager

886-8665

Town Clerk

886-8604

Canvassers

886-8603

Probate

886-8607

Finance

886-8612

Tax Assessor

886-8614

Municipal Court

886-3212

Planning

886-8645

111 Peirce Street Public Works

886-8618

Building Official

886-8617

121 Peirce Street

Swift Community

Center

Senior & Human

Services

886-8669

176 First Avenue

Police Department

Dispatch

884-2244

Administration

886-8640

Information

Technology

886-8670

1127 Frenchtown

Road

Parks & Recreation

886-8626

RI Relay #711

800-745-5555

Date: November 13, 2019

To: Andrew Nota, Town Manager

From: Joseph Duarte, Director of Public Works

Re: Waste Water Treatment Facility Staff Pickup Truck

I am requesting approval to purchase a Pickup truck for the Waste Water Treatment

Facility as stated in the approved bond. Waste Water Treatment Facility is

purchasing the pickup truck thru MHQ in Massachusetts, through the guaranteed

contract prices offered to the Commonwealth of Massachusetts Cooperative

Procurement Contract #PCC-19-20-21, thereby receiving favorable pricing.

Considering that MHQ has followed the formal Bidding process, I recommend

award to MHQ 401 Elm Street., Marlboro, MA, 01752 phone # 508-573-2722 in

the amount of $30,971.70 for the recreation Pickup Truck.

Cc: Shawn O’Neil, Wastewater Superintendent

Fred Gomes, Special Projects Coordinator

Jim Fogell, Highway Superintendent

53

54

55

CUSTOMERContact Name: Fred Gomes September 11, 2019

Company/Dept.:East Greenwich DPW 60 Days

Street Address: 111 Peirce

City, State, Zip: East Greenwich RI PCC

Phone: 401-886-8622 Jay Matisko

E-Mail: fgomes@eastgreenwichri.com

CONTRACT

LINE

REFERENCE

LINE DESCRIPTIONUNIT

PRICEQTY. EXTENDED PRICE

Ford F150 4x4 $26,125.00

X1E Ext Cab w/ 6.5 bed included

XL Trim included

Color: Iconic Silver Metallic (JS) included

3.3L V6 Gasoline engine included

(5) All Terrain Tires included

Air Conditioning included

Vinyl Floor included

AM/FM Radio included

Vinyl Seats included

18B Factory Cab Steps 245.00

53A Trailer Tow package 975.10

53B Trailer receiver hitch included

85A Power Locks & Windows 1,146.60

Whelen LED Hideaways (2) front & (2) rear Amber 525.00

Switch for Lighting (2) front & rear 50.00

Crossbody Tool Box 795.00

Spray In Rhino 595.00

Ventvisors 95.00

Weathertech mats front 125.00

Shop Supplies 295.00

TAX:

TOTAL: $30,971.70

QUOTE

*This quote is valid for 60 days from the date of quote. Any purchase orders or approved quotes received outside of the 60 day quote period will

be subject to price adjustments. By signing this quote, the customer is agreeing to pay, in full, for all items listed above. Any requests for changes,

modifications, replacements, removals or additional items may be subject to additional fees and/or adjusted delivery dates.

M.G.L c. 30B applies to the procurement of all commodities quoted. Contract items have been collectively purchased pursuant to M.G.L c 30B sec

1c and M.G.L c.7 sec 22B. The government body is responsible to determine the applicability of M.G.L. c30B to off contract items, but not limited

to, off contract items that have already been properly procured under M.G.L. c30B sec 1c and M.G.L. c7 sec 22A (purchases from a vendor on

contract with the Commonwealth), other contracts procured under M.G.L. c30B sec 1c and M.G.L. c. 30B contract between the vendor and the

jurisdiction. All off contract items must be procured under M.G.L. c. 30B.

The terms and conditions stated herein and the provisions of any agreement between MHQ and Buyer, if applicable, shall constitute the complete

and only terms and conditions applicable to any and all purchases by Buyer from MHQ. Any additional and/or different terms and/or conditions

printed anywhere including on, or with, Buyer's order shall be inapplicable in regard to any purchase by Buyer from MHQ.

TERMS AND CONDITIONS

Date:

Valid for:

Customer #:

Contract:

Sales Rep:

East Greenwich F150 Hide Tool PCC 9.11.19 Page 1 of 2

56

PRINT NAME

TITLE

SIGNATURE

Quote provided by Jay Matisko , Account Manager at MHQ

(508) 573-2622 or jmatisko@mhq.com

ORDER ACKNOWLEDGEMENT

By signing this document you are agreeing to the above terms and conditions of this order from MHQ, Inc.

*This quote is valid for 60 days from the date of quote. Any purchase orders or approved quotes received outside of the 60 day quote period will

be subject to price adjustments. By signing this quote, the customer is agreeing to pay, in full, for all items listed above. Any requests for changes,

modifications, replacements, removals or additional items may be subject to additional fees and/or adjusted delivery dates.

M.G.L c. 30B applies to the procurement of all commodities quoted. Contract items have been collectively purchased pursuant to M.G.L c 30B sec

1c and M.G.L c.7 sec 22B. The government body is responsible to determine the applicability of M.G.L. c30B to off contract items, but not limited

to, off contract items that have already been properly procured under M.G.L. c30B sec 1c and M.G.L. c7 sec 22A (purchases from a vendor on

contract with the Commonwealth), other contracts procured under M.G.L. c30B sec 1c and M.G.L. c. 30B contract between the vendor and the

jurisdiction. All off contract items must be procured under M.G.L. c. 30B.

The terms and conditions stated herein and the provisions of any agreement between MHQ and Buyer, if applicable, shall constitute the complete

and only terms and conditions applicable to any and all purchases by Buyer from MHQ. Any additional and/or different terms and/or conditions

printed anywhere including on, or with, Buyer's order shall be inapplicable in regard to any purchase by Buyer from MHQ.

x

x

x

East Greenwich F150 Hide Tool PCC 9.11.19 Page 2 of 2

57

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda) Approval of 2020 Town Council Regular Meeting Schedule 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda

2020 Town Council Regular Meeting Schedule Meetings that fall on a Monday holiday have been scheduled for the following Tuesday perCouncil Rules and Guidelines.

4. Provide a suggested Action Approval 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604

ATTACHMENTS: tcmeetings2020.pdf

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Dates and locations are subject to change. Additional meetings may be added as needed. (*) indicates a Tuesday following a holiday

2020 TOWN COUNCIL REGULAR MEETING SCHEDULE

TOWN HALL 125 MAIN STREET

(2nd and 4th Mondays @ 7:00 PM)

January 13th January 27th February 10th February 24th

March 9th March 23rd April 13th

April 27th May 11th

May 26th (*) June 8th

June 22nd July 13th July 27th

August 11th (*) August 24th

September 14th September 29th (*) October 13th (*)

October 26th November 9th

November 23rd December 14th December 28th

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda) Town Manager's Report 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Manager 3. Provide a brief description of the item and why it is on the agenda Update from Town Manager

4. Provide a suggested Action Informational only 5. Contact person and phone number for questions. Andrew E Nota, 401-886-8665

ATTACHMENTS: 2019.12.09 Town Manager's Report.pdf 2019.12.09 SERC Summary Memo.pdf

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Town Of East Greenwich Town Manager

Memorandum

To: Honorable Town Council

From: Andrew E. Nota, Town Manager

c. Andrew Teitz, Leigh Carney

Date: December 5, 2019

Subject: Town Manager’s Report

The following business items are provided as part of the December 9, 2019 – Town Manager’s Report.

These items reflect ongoing projects and initiatives that are under review and in various stages of

development with the Towns professional staff inclusive of various matters that may require further Town

Council direction.

A) Rhode Island League of Cities and Towns (RILCT):

1) Board Meeting Dates for 2020 – The following dates have been confirmed for the League

Executive Board meetings in 2020. All meetings will be held in the Interlocal Trust

Conference Room, 501 Wampanoag Trail, 4th Floor, East Providence.

January 14

February 11

March 10

April 14

May 12

June 9

September 8

September 24 (Annual Dinner Mtg.)

November 10

2) Municipal Appointments – State Planning Council: A change to the State Planning

Council’s membership last legislative session requires the appointment of three local

officials:

Elected official from a community of greater than 40,000 people

Elected official from a community of 20-40,000 people

Elected official from a community with less than 20,000 people

The Governor’s Office is continuing to seek recommendations for consideration for appointment

to the State Planning Council. Additional information about the SPC is available at

http://www.planning.ri.gov/about/state-planning-council.php.

3) Municipal Appointments – Local Workforce Board Governance Committee: The U.S.

Department of Labor recently approved a League-supported effort to transfer governance and

administration of the Workforce Partnership of Greater RI (WPGRI) to the statewide

Governor’s Workforce Board. This local workforce board manages one-stop career centers 61

and serves 37 cities and towns (all except Providence and Cranston), but USDOL noted that it

did not have sufficient municipal government representation on its board. The RI Department

of Labor and Training would like to create a Local Workforce Board Governance Committee

to provide strategic guidance and oversight of the new entity. Local representatives may be

elected or appointed officials, members of local organizations (economic development

foundations, chambers of commerce, etc.), business owners, nonprofit leaders or others with

knowledge of local workforce needs. The goal is to achieve the most balanced

representation from different geographic areas in the state along with demographic and

professional backgrounds to ensure the broadest perspective on this issue. Please provide

recommendations to the Governor’s Office.

4) Municipal Appointments -- State Emergency Response Committee: The League has an

appointment to the SERC, which is charged with identifying hazardous materials in

communities and coordinating emergency preparedness and response. (Attached is a brief

summary memo). SERC meets about quarterly, and the ideal candidate should have public

safety or emergency preparedness experience.

5) Request for Meeting w/RIDE Commissioner: Commissioner Infante-Green would like to

meet with municipal leaders about a new initiative they’re considering. As you may know,

RIDE has placed an emphasis on student attendance this year. The Commissioner would like

to reward students with perfect attendance. She would like to see if Mayors, Town Council

Presidents or City/Town managers would like to recognize these students at the appropriate

time. She will also be able to provide an update on Providence as well as other priority issues

for education this year. Please let us know if any of the dates/times below work. The meeting

will be in Room 501, 255 Westminster St. in Providence. These meetings are not always

well attended so those members that are available and interested in participating, are strongly

encouraged to attend.

Thursday, 1/9 at 9am

Friday, 1/17 at 8am

Thursday, 1/23 at 9am

B) Boesch Farm Remediation

The timeline for the initial steps of this remediation project are based on securing an alternate

residence for the Farms tenant during the month of December and potentially extending through

June 2020. Town staff is in the process of finalizing an arrangement with a local property owner

that has an available residence for rent in the immediate area of the Farm. The property appears

well suited for the tenant and his family and the staff have vetted the lease language with the

Solicitors office and are in the process of reaching out to the tenant and landlord to finalize the

necessary arrangements. Although securing this property and the relocation of the tenant has

taken longer that we had originally desired, it appears that it will better suit the needs of the

family during the extended construction period. The tenant will be obligated for all tenant

responsibilities in accordance with the lease and the Town will address the monthly rent cost only

as part of this relocation, with the tenant assuming any other costs associated with this property.

Upon the farmhouse being vacated, the Town will assume all costs associated with the utilities at

the farmhouse and during the duration of the vacancy and construction period. The tenant will

be responsible for all other costs and utilities associated with the farm operations. The Town

62

will also be addressing in coordination with the tenant, any moving expenses associated with the

relocation. During this period, the tenant will continue to provide the Town with a monthly rent

payment in accordance with the existing lease terms.

The remediation plans and specifications are being finalized at this moment by Public Works

personnel and are anticipated to be completed during the month of December. It appears a

number of things are adding to the original cost estimates, including the amount of expense

associated with a longer-term rental and inclusion of the “bunkhouse” storage structure in

remediation activities, the cost to “heat” the farmhouse through the winter, the need to correct

other problems at the house as part of the lead abatement/kitchen project and the lack of full

knowledge, to date, of the asbestos remediation scope as not all rooms, surfaces, materials have

been assessed yet. In light of rising costs, the Planning and Public Works staff are looking into

other funding mechanisms, beyond the loan funds already authorized for these purposes, to assist

in addressing some of these expenses. There is occasionally “brick and mortar” project funding

available for preservation purposes, while it may be a waiting game before any State Preservation

Grant funds might come available, there are other non-profit sources that we may be eligible

for. The Planning staff is researching organizations like the Rhode Island Foundation. Champlin

Foundation, and others to determine our eligibility in terms of competitiveness, and timeline. The

scope of work should take several months to complete although including the bidding and award

process, the completion should remain within the 6-month window of the farmhouse being

vacant.

Town staff will maintain contact with the Land Trust in advising them as to the progress being

made with this project. Additional project and financial updates will be provided as new

information becomes available and whether any additional action of the Council is required.

Should you have any follow up questions on any of these matters, please contact me at your

convenience. Thank you.

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66

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda) Police Department Staffing Update 2. Submitted by (List department and individual, if necessary) Leigh Carney, Police 3. Provide a brief description of the item and why it is on the agenda Update from Col. Brown on staffing in the department

4. Provide a suggested Action Informational only 5. Contact person and phone number for questions. Stephen Brown, 401-886-8627

ATTACHMENTS: 2019.12.09 Police Staffing.pdf

67

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81

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda)

An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 55 CapitalImprovements (SECOND READING/PUBLIC HEARING).

2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda

Restructures the process for submitting capital expenditures and moves the responsibilityfrom the Planning Department to the Town Manager. Introduced November 12, 2019.

4. Provide a suggested Action Motion to approve and schedule for public hearing 5. Contact person and phone number for questions. Andrew E Nota, 401-886-8665

ATTACHMENTS: Chapter 55 Capital Improvements DRAFT REDLINED.pdf Chapter 55 Capital Improvements DRAFT CLEAN.pdf Legal Ad - Pendulum - 11-21-2019 Capital Improvements.pdf

82

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF EAST GREENWICH, CHAPTER 55 THEREOF, ENTITLED “CAPITAL IMPROVEMENTS.

The Town Council of the Town of East Greenwich hereby ordains:

Section 1. Chapter 55 Capital Improvements, of the Code of the Town of East Greenwich, is hereby amended as follows:

Chapter 55: Capital Improvements Program 55 – 1 Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated: CAPITAL IMPROVEMENT PROJECT

A capital project is a Mmajor, non-recurring tangible fixed asset. projects undertaken by the Town that generally do not recur on a year in, year out basis Capital projects generally included and fit within one or more of the following categories:

A. Property Acquisition or lease of land and/or buildings

B. Major Improvements to an existing facility

C. New Building Construction All projects requiring debt obligation or borrowing.

D. Major equipment and vehicles

Capital project costs may include related architectural and engineering fees, site work and bond issuance costs.

Facilities and infrastructure refer to all public facilities, including both municipal and school, such as buildings, streets, bridges, wastewater systems, parks and transfer station facilities.

The estimated cost for a capital project must be over $10,000 and the project must have an expected useful life greater than the life-span of any debt used to fund the project.

B. Any acquisition or lease of land or buildings.

C. Purchase of major equipment and vehicles valued in excess of $7,500 $10,000 with a life expectancy of five years or more.

Formatted: Justified

Formatted: Font: (Default) Times New Roman,12 pt, Not Bold

Formatted: Font: (Default) Times New Roman,12 pt, Not Bold

83

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

D. Construction of new buildings or facilities, including engineering, design and other preconstruction costs in excess of $10,000.

E. Major building improvements that are not routine expenses and that substantially enhance the value of a structure with an estimated cost in excess of $7,500 $10,000.

F. Major equipment, or including furnishings required to furnish new for new buildings or other public facilities, or other projects with an estimated total cost in excess of $7,500 $10,000.

G. Studies requiring the employment of outside professional consultants in excess of $7,500.

55 – 2 Deadline for requests from Town agencies and officials. [1] Not later than November 1 of each year, the following Town agencies and officials Department Heads any Town agency, official or department having need for capital improvement projects as defined by § 55-1 shall submit requests for capital improvement projects to the Town Council: Town Manager. A. Board of Canvassers. B. Director of Human and Senior Community Services. Parks, Recreation, Senior and Human Services C. Director of Public Works Department. D. East Greenwich Free Library. ? E. Finance Director. Department Tax Assessor F. Police Department. G.Parks and Recreation Department. Information Technology Department. H. School Department. I. Tax Assessor. J. Town Clerk. Board of Canvassers K. Town Council. L. Town Manager. M. Town Planner Planning Department. N. Fire Department. P. Any other Town agency, official or department having need for capital improvement projects as defined by § 55-1.

84

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV). 55 – 3 Procedure for submitting requests. Annually, each department updates prior year capital project requests and identifies new projects and/or funding needs, and submits their requests to the Town Manager for consideration and incorporation into the CIP. Requests for capital improvement projects shall be submitted on forms supplied by the East Greenwich Planning Board in accordance with instructions contained in the "Capital Improvement Manual" to be supplied to each annually by each participating agency, department and official by the Planning Board. Upon completion of the forms, the agency, department or official shall submit its project requests to the Town Manager. The Town Manager in association with the Town Planner and Finance Director shall prepare a proposed plan for submittal to the Planning Board for Town Council based on their review and evaluation after review of each requested project with the appropriate agency or department head. 55 – 4 Project priority. The Planning Board shall preform their own review and evaluation of each request and may compel appropriate department or agency representatives to appear and explain or justify their proposals. In evaluating requests and recommending a capital improvement project, the Planning Board the Town Manager shall establish a priority for all projects, based upon the following criteria: A. Projects address health and safety concerns; Protection of life. B. Maintenance of public health and safety. B.C. Protection of public property;. CD. Meet any federal or state mandates and/or legal obligations; DE. Secure any outside funding such as federal, state or private to reduce the tax burden; ___Financial impact on the Town. add ___Compliance with State and/or Federal Regulations. add EF. Preservation of the tax base while continuing to maintain infrastructure/assets; D. Conservation of resources, including the ability to take advantage of outside grants or other funding for improvements.

Formatted: Justified

Formatted: Justified

Formatted: Font: (Default) Times New Roman,12 pt, Font color: Gray-80%

Formatted: Font: (Default) Times New Roman,12 pt, Not Highlight

85

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

E. Provision of necessary public services, including (education, recreation, senior/Human Services, Information Technology, transportation, infrastructure, etc] add F. Replacement or improvement of obsolete facilities. G. Reduction of operating costs. H. Increase in efficiency. I. Public comfort and convenience. J. Provision of public recreation. K. Social, cultural or aesthetic values. L. Promotional values. M. Financial impact on the Town. Move this up FG. CIP plan should be realistic based on available financial resources and determine the impact on public health and safety should a project be deferred; GH. The Ffirst year of the CIP’s Pay As You Go element is the capital budget portion of the Town’s general operating budget and, therefore, the balancing of overall need and affordability becomes a major consideration. 55 – 5 Financial aspects. The Planning Board in consultation with the Town Manager with the support of the Finance Director and Town Planner shall review all requests with respect to the financial resources of the Town and shall prepare a schedule indicating the effects of the requested projects upon the current and proposed annual budgets for the six year capital plan.next six ensuing and subsequent five fiscal years. This schedule shall include projected debt service costs, annual maintenance and operating costs, increases in any service or user charge, a recommendation for any new service charges, user fees, and increases in any existing licenses or permits to support a proposed project request. The impact on the property tax rate for the six years of the proposed plan shall also be projected. 55 – 6 Presentation to Town Council. No later than during the month of February of each year the Planning Board Town Manager shall present to the Town Council a proposed six-year capital improvement plan and capital budget. The Town Council by resolution shall adopt the capital improvement program by the first regularly scheduled meeting in March, the first year of the program, the capital budget, to be incorporated into the Town Manager's proposed operating budget for the ensuing fiscal year. (i.e. Year 1 of the 6-year capital plan). The Town Council shall publish a detailed draft capital budget as part of the overall annual budget and make it available to the public as outlined in the Town Charter (at Sections C-33 and 34). Following the required public hearing on the annual budget, the Town Council shall adopt by resolution the capital budget with or without amendment in an action separate from adoption of the overall annual budget. Section 2. This ordinance shall become effective upon adoption.

Formatted: Justified

Formatted: Font: 12 pt

Formatted: Font: 12 pt

86

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

87

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF EAST GREENWICH, CHAPTER 55 THEREOF, ENTITLED “CAPITAL IMPROVEMENTS.

The Town Council of the Town of East Greenwich hereby ordains:

Section 1. Chapter 55 Capital Improvements, of the Code of the Town of East Greenwich, is hereby amended as follows:

Chapter 55: Capital Improvements Program 55 – 1 Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated: CAPITAL IMPROVEMENT PROJECT

A capital project is a major, non-recurring tangible fixed asset. Capital projects generally included one or more of the following categories:

A. Property Acquisition or lease of land and/or buildings

B. Major Improvements to an existing facility

C. New Building Construction

D. Major equipment and vehicles

Capital project costs may include related architectural and engineering fees, site work and bond issuance costs.

Facilities and infrastructure refer to all public facilities, including both municipal and school, such as buildings, streets, bridges, wastewater systems, parks and transfer station facilities.

The estimated cost for a capital project must be over $10,000 and the project must have an expected useful life greater than the life-span of any debt used to fund the project.

55 – 2 Deadline for requests from Town agencies and officials. Not later than November 1 of each year, any Town agency, official or Department Head having need for capital improvement projects as defined by as defined by § 55-1 shall submit requests

88

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

for capital improvement projects to the Town Manager. 55 – 3 Procedure for submitting requests. Annually, each department updates prior year capital project requests and identifies new projects and/or funding needs, and submits their requests to the Town Manager for consideration and incorporation into the CIP. The Town Manager in association with the Finance Director shall prepare a proposed plan for submittal to the Town Council based on their review and evaluation of each requested project with the appropriate agency or department head. 55 – 4 Project priority. In evaluating requests and recommending a capital improvement project, the Town Manager shall establish a priority for all projects, based upon the following criteria: A. Projects addressing health and safety concerns; B. Protection of public property; C. Meet any federal or state mandates and/or legal obligations; D. Secure any outside funding such as federal, state or private to reduce the tax burden; E. Preservation of the tax base while continuing to maintain infrastructure/assets; F. CIP plan should be based on available financial resources and determine the impact on public health and safety should a project be deferred; G. The first year of the CIP’s Pay As You Go element is the capital budget portion of the Town’s general operating budget and, therefore, the balancing of overall need and affordability becomes a major consideration. 55 – 5 Financial aspects. The Town Manager with the support of the Finance Director shall review all requests with respect to the financial resources of the Town and shall prepare a schedule indicating the effects of the requested projects upon the proposed annual budgets for the six year capital plan. This schedule shall include projected debt service costs, annual maintenance and operating costs, increases in any service or user charge, a recommendation for any new service charges, user fees, and increases in any existing licenses or permits to support a proposed project request. The impact on the property tax rate for the six years of the proposed plan shall also be projected. 55 – 6 Presentation to Town Council. No later than during the month of February of each year, the Town Manager shall present to the Town Council a proposed six-year capital improvement plan and capital budget. The Town

89

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Council shall publish a detailed draft capital budget as part of the overall annual budget and make it available to the public as outlined in the Town Charter (at Sections C-33 and 34). Following the required public hearing on the annual budget, the Town Council shall adopt by resolution the capital budget with or without amendment in an action separate from adoption of the overall annual budget. Section 2. This ordinance shall become effective upon adoption.

90

91

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda)

An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 170 thereof,entitled "Peace and Good Order", Section 170-1 "Drunkeness" be repealed. (FIRSTREADING/NOTICE OF HEARING)

2. Submitted by (List department and individual, if necessary) Leigh Carney, Police 3. Provide a brief description of the item and why it is on the agenda Refer to Solicitor's letter 4. Provide a suggested Action approve and schedule for public hearing on January 13, 2020 5. Contact person and phone number for questions. Stephen Brown, 401-886-8627

ATTACHMENTS: Chapter 170 Peace Good Order.docx

92

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 1 of 1

AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF EAST GREENWICH, CHAPTER 170 THEREOF, ENTITLED “PEACE AND GOOD ORDER”, SECTION 170-1“DRUNKENNESS”.

The Town Council of the Town of East Greenwich hereby ordains:

Section 1. Chapter 170 Peace and Good Order, Section 170-1 Drunkenness of the Code of the Town of East Greenwich, is hereby amended as follows:

Sec. 170-1. – Drunkeness. [REPEALED]

No person shall be intoxicated under such circumstances as to amount to a violation of decency in any public street, gangway, alley or lane in this Town, or upon any of the wharves or public lands or places set apart for public purposes in this Town, or upon the premises of any other person.

Section 2. This ordinance shall take place upon its passage.

93

Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: December 9, 2019

1. Agenda Item (List as it should appear on the agenda)

An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 1 thereof,entitled "General Provisions", Article III "General Penalty", Section 1-18 "GeneralPenalty; continuing violation." (FIRST READING/NOTICE OF HEARING)

2. Submitted by (List department and individual, if necessary) Leigh Carney, Police 3. Provide a brief description of the item and why it is on the agenda Refer to Solicitor's memo 4. Provide a suggested Action approve and schedule for public hearing on January 13th 5. Contact person and phone number for questions. Stephen Brown, 401-886-8627

ATTACHMENTS: Chapter 1 General Provisions DRAFT.docx

94

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 1 of 2

AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF EAST GREENWICH, CHAPTER 1 THEREOF, ENTITLED “GENERAL PROVISIONS”, ARTICLE III “GENERALPENALTY”, SECTION 1-18 “GENERAL PENALTY; CONTINUING VIOLATIONS.

The Town Council of the Town of East Greenwich hereby ordains:

Section 1. Chapter 1, Article III, Section 1-18 of the Ordinances of the Town of East Greenwich, entitled “General penalty; continuing violation,” is hereby amended to read as follows:

Sec. 1-18. – General penalty; continuing violation.

Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code, or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than $500 or imprisonment not exceeding 30 days and/or required to pay restitution in cases involving property damage or personal injury in an amount up to the actual cash value of the property damage or personal injury and/or be required to provide community service for the Town for not more than 10 days for any one offense, unless other penalties therefor or penalties within other limits are specifically prescribed by statute. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Town Council may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 2. This ordinance shall become effective upon adoption.

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 2 of 296