MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017...

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SMITHFIELD TOWN COUNCIL MEETING SMITHFIELD TOWN HALL TOWN COUNCIL CHAMBERS 64 FARNUM PIKE TUESDAY, JUNE 6, 2017 6:00 P.M. A 6:00 - 7:00 p.m. Citizens Collation (Coffee and Refreshments) CLOSED SESSION Motion to convene in closed session pursuant to Rhode Island General Laws Sec. 42-46-5(a)(l), Personnel: discuss Police Chief contract extension and Deputy Police Chief contract extension; interview Michael Pinelli for possible appointment to a Town Board or Commission; discuss appointments to Zoning Board and Planning Board; Rhode Island General Laws Sec. 42-46- 5(a)(5) Real Estate: possible land acquisition and request for a property appraisal; Rhode Island General Laws Sec. 42-46-5(a)(6) to review, consider, discuss and act upon a Tax Treaty with United Rentals; with the minutes of the closed session to be sealed. AGENDA I. Regular meeting called to order at 7:00 p.m. II. Prayer III. Salute to the Flag IV. Emergency evacuation and health notification V. Presentations: Smithfield High School Chorus Town Manager Selection Advisory Committee VL Minutes: A. Move that the minutes of the May 9, 2017 Town Council Public Hearing on the 2017-2018 Fiscal Year Budget be approved, as recorded. B. Move that the minutes of the May 16, 2017 Town Council meeting be approved, as recorded.

Transcript of MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017...

Page 1: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

SMITHFIELD TOWN COUNCIL

MEETING

SMITHFIELD TOWN HALL

TOWN COUNCIL CHAMBERS

64 FARNUM PIKE

TUESDAY, JUNE 6, 2017

6:00 P.M.

A 6:00 - 7:00 p.m. Citizens Collation

(Coffee and Refreshments)

CLOSED SESSION

Motion to convene in closed session pursuant to Rhode Island General Laws Sec. 42-46-5(a)(l),

Personnel: discuss Police Chief contract extension and Deputy Police Chief contract extension;

interview Michael Pinelli for possible appointment to a Town Board or Commission; discuss

appointments to Zoning Board and Planning Board; Rhode Island General Laws Sec. 42-46-

5(a)(5) Real Estate: possible land acquisition and request for a property appraisal; Rhode Island

General Laws Sec. 42-46-5(a)(6) to review, consider, discuss and act upon a Tax Treaty with

United Rentals; with the minutes of the closed session to be sealed.

AGENDA

I. Regular meeting called to order at 7:00 p.m.

II. Prayer

III. Salute to the Flag

IV. Emergency evacuation and health notification

V. Presentations:

■ Smithfield High School Chorus

■ Town Manager Selection Advisory Committee

VL Minutes:

A. Move that the minutes of the May 9, 2017 Town Council Public Hearing

on the 2017-2018 Fiscal Year Budget be approved, as recorded.

B. Move that the minutes of the May 16, 2017 Town Council meeting be

approved, as recorded.

Page 2: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

C. Move that the minutes of the May 16, 2017 Town Council meeting closed

session be approved, as recorded, and sealed.

D. Move that the minutes of the May 24, 2017 Town Council Town Hall

Forum meeting be approved, as recorded.

VII. Consider, discuss and act upon the following possible appointments:

1. Smithfield Zoning Board of Review with a term expiring May 2018:

■ Appointment or reappointment as alternate member

■ Appointment or reappointment as 2"^ alternate member

2. Smithfield Planning Board with a term expiring May 2020:

■ Appointment or reappointment

■ Appointment or reappointment

VIII. Public Hearings:

A. Conduct a Show-Cause Hearing to consider the possible suspension,revocation, or other sanction regarding the listed Holiday Sales Licensedue to non-compliance with a condition of renewal:

1. Tween Brands, Inc. d/b/a "Justice #1188", 371 Putnam Pike, Suite 440(Failure to submit a Permit to Make Sales at Retail)

B. Consider scheduling a Public Hearing on June 20, 2017, to consider Code

of Ordinance Amendments to Chapter 321 Taxation, Article IV. Historic

Stone Wall Exemption, §321-13. Exemption granted; amount; specifi

cations.

C. Consider scheduling a Public Hearing on July 11, 2017 for a Smithfield

Water Supply rate increase.

IX. Licenses and Permits:

A. Consider scheduling a Show-Cause Hearing on Tuesday June 20, 2017, to

consider the possible suspension, revocation, or other sanction regarding

the listed Massage Therapy License due to the failure to apply for the

required Massage Establishment License:

1. Kristen A. Paradise working at "Ultimate Sports Massage, LLC",300 George Washington Highway

Page 3: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

X. Old Business: none

XI. New Business:

A. Consider, discuss, and act upon the scheduling of a Work Session with the

Smithfield Town Council sitting as the Smithfield Water Supply Board to

discuss financial data and other matters of mutual interest in conjunction

with the Water Department.

B. Consider, discuss, and act upon the extension of Police Chief s contract.

C. Consider, discuss, and act upon the extension of Deputy Police Chiefs

contract.

D. Consider, discuss and act upon authorizing Watlao Buddhovath of Rhode

Island, Inc., to conduct a Boun Pha Vet Festival Celebration event on

Saturday, June 17,2017 and Sunday, June 18,2017.

E. Consider, discuss, and act upon authorizing the Asset Management

Commission to review all Town-owned properties to determine their most

appropriate use and to issue a report thereon to the Town Council.

F. Consider, discuss, and act upon assuming the operational oversite of the

East Smithfield Neighborhood Center Building and requesting the

dissolution of the Board of Directors by the current members.

G. Consider, discuss, and act upon authorizing the transfer of the Town of

Smithfield's Other Post-Employment Benefits Trust Fund (OPEB) from

the Washington Trust Company to the Rhode Island Interlocal Risk

Management Trust.

H. Consider, discuss, and act upon scheduling a "Town Hall Forum" work

session to discuss matters of mutual interest with Town of Smithfield

business owners.

I. Consider, discuss, and act upon authorizing a Request for Proposals for an

Asbestos Abatement Plan at the Town-owned East Smithfield Public

Library building.

J. Consider, discuss, and act upon scheduling a Closed Session(s) to

interview Town Manager Candidates.

XII. Public Comment

Page 4: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

XIII. Announce any closed session votes required to be disclosed pursuant to Rhode

Island General Laws, Sec. 42-46-4.

XIV. Adjournment.

AGENDA POSTED: FRIDAY. JUNE 2.2017

The public is welcome to any meeting of the Town Council or its sub-committees. Ifcommunication assistance (readers/interpreters/captions) or any other accommodation toensure equal participation is needed, please contact the Smithfield Town Manager's officeat 401-233-1010 at least forty-eight (48) hours prior to the meeting.

Page 5: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

Blish&c™\gh■pL,

COUN S E L LOR S AT LAW

May 23, 2017

Mr. Dennis G. FinlayTown ManagerTown of SmithfieldTown Hall64 Famum Pike

Smithfield, RI 02917

Joseph V. Cavanagh, Jr.William R. LandryEdmund L. Alves, Jr.Scott T. SpearMary Cavanagh DunnJoseph V. Cavanagh, IIIRobert J. Cavanagh, Jr.Matthew J. LandryThomas J. Alves

Lynne Barrv' DolanOf Counsel

John H. Blish(1986-2007)

Commerce Cetiter30 Exchange TerraceProvidence, RI 02903-1755

Tel (401) 831-8900Fax (401) 751-7542

www.blishcavlaw.com

RECEiVED

HAY 2 6 Z017

TOWN MANAGERS OFFICESMITHFIELD, RI

RE: Historic Stone Wall Ordinance

Dear Dennis:

I enclose a proposed Historic Stone Wall Ordinance Amendment which would transferthe responsibility for certifying historic stone walls from the Conservation Commission to theHistoric Preservation Commission. This proposal has the support of both Commissions. Pleaseschedule this Ordinance for introduction at the June 6, 2017 Town Council meeting with a publichearing to be held on June 21, 2017. The Ordinance sponsor is Councilwoman MaxineCavanagh.

Thank you.

Yours truly,

Edmund L. Alves, Jr.Town Solicitor

ELAivm

end.

cc: The Hon. Maxine Cavanagh w/encl.Mr. Donald Burns, Chair/Smithfield Conservation Commission w/encl.Mr. Robert Leach, Chair/Smithfield Historic Preservation Commission w/encl.Carol A. Aquilante, Town Clerk w/encl.

Page 6: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

ORDINANCE AMENDMENT

THE TOWN OF SMITHFIELD HEREBY ORDAINS:

CHAPTER 321

TAXATION

ARTICLE IV. HISTORIC STONE WALL EXEMPTION

§ 321-13. Exemption granted; amount; specifications.

A. Pursuant to R.LG.L. § 44-3-43, the Tax Assessor may provide an exemption notexceeding $5,000 of valuation for any parcel of real property on which is located an historicstone wall(s); provided that the wall(s) is 50 or more feet in length, at least three (3) feet high,structurally maintained and free of noxious weeds and vegetation. For purposes of this section,an "historic stone wall" is a vertical structure of aligned natural stone built before 1900, normallyconstructed to designate a property a boundary or to separate agricultural activities within afarmstead.

B. The tax exemption shall be in an amount not exceeding $5,000 valuation, and whichexemption shall be prorated among the owners of said real property in addition to any and allother exemptions.

C. No property shall be entitled to any exemption authorized in this article in any yearwithout the property owner first filing an application with the Tax Assessor on forms furnishedby the Assessor.

D. Any exemption authorized in this article shall terminate upon the conveyance of thesubject property.

E. Upon receiving an application for an exemption authorized in this article, the TaxAssessor shall refer a copy of said application to the Smithfield ConGerv^ationHistoricPreservation Commission for a certification as to whether the stone wall for which the applicantseeks an exemption meets the criteria set forth above in Subsection A of this article. Within 60days of receipt of said application, the ConsorvationHistoric Preservation Commission shallcertify and report to the Tax Assessor as to whether or not the stone wall meets said criteria. Thedetermination made by the ConservationHistoric Preservation Commission shall be conclusive.

F. All applications for the tax exemption authorized in this article must be approved by theTax Assessor before said exemption can be certified on the tax roll.

Page 7: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

G. Any applications for the tax exemption authorized in this article filed after December 31of any year and subsequently approved by the Tax Assessor shall not be operative until the yearsucceeding said filing and the tax exemption shall become effective against the assessment madeDecember 31 following the date of filing.

THIS ORDINANCE AMENDMENT SHALL BECOME EFFECTIVE AT THE EXPIRATION

OF THIRTY (30) DAYS AFTER ADOPTION.

ORDINANCE AMENDMENT

INTRODUCED BY TOWN COUNCIL

MEMBER MAXINE CAVANAGH

ORDINANCE AMENDMENT

APPROVED AS TO FORM:

EDMUND L. ALVES, JR.

TOWN SOLICITOR

Page 8: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

May 24, 2017

TO: Smithfield Town Council

FROM: Dennis Finlay

Town Manager

SUBJECT: Smithfield Water Supply Work Session

With the potential report from Woodcock and Associates, Inc. concerning a

merger between Smithfield Water and Greenville Water, there are a number of

topics that should be discussed such as:

1. The financial condition of the water department.

2. Value of the assets.

3. Water volumes consumed by Smithfield residents and North

Providence residents.

4. Primary water users.

5. Should Smithfield request North Providence residents be serviced

by another water entity?

6. Review of the Pare report for future available water volume to

Smithfield.

7. Water Tank status.

8. Other mutual interest matters.

Page 9: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

WATLAO BUDDHOVATH OF Rl, INC.Buddhist Education • Meditation • Cultural Education • Youth Activities

May 20, 2017

Mr. Dennis G. FinlayTown Manager - Smithfield, Rl64 Farnum Pike

Smithfield, Rl 02917

Dear Mr. FInaly,

i am writing this letter to request that you bring to the Town Council and seek the approval of the BounPha Vet celebration that we wish to hold on June 17'^ and Julne 18^ of 2017. The celebration andceremonies will take place at our Temple location on 88 Limerock Rd.

Attach to this letter you will find a copy of the event schedule for this celebration. This is an annual eventthat honors our Lord Buddha and is very sacred to many in the Laotian community. For safety andsecurity of this event, we are not allowing alcohol consumption or sales at this event We have alsoapplied for the sound and entertainment permit from the Smithfield police department We have alsorequested 2 detail police officers to assist with traffic and keeping the peace each day for this two dayevent. We will abide by the event and security agreement as outline by the police department

If you have any questions or concerns, please contact Bo Khamsyvoravong from the Safety Team forWatLao. Bo can be contacted by phone at 401-578-3246.

Thank you in advance for your help on this matter.

Sincerely,

Ven. Bounthan Prasavath

President

88 Limerock Road; Smithfield, Rl 02917www.wailaori,org [email protected]

Page 10: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

WATLAO BUDDHOVATH OF Rf, INC.Buddhist Education • Meditation • Cultural Education • Youth Activities

5/17/17

Police Chief

Smithfield Police Department215 Pleasant View Ave.

Smithfieid, Rl 02917

Dear Chief, ^I am respectfully requesting to have fcrordetail officers present for the "Boun Pravete Festival" scheduleto be held at the Wat Lao Temple located at 88 Limerock Rd in Smithfield. The date for this event is June17 & 18, 2017. The hours of requested police presence is from 12:00 noon to 6:00pm both days.

We are continuing to prohibit alcohol sales or consumption at the festival, and would need assistancewith crowd control and enforcement of the no alcohol policy. Thank you in advance for your help in thismatter and if there are any questions, please contact me on my cellular phone 401-578-3246.

Sincerely,

Bo KhamsyvoravongHead of Security

Main Tel. m])222.16<)6

88 Limerock Road; Smithfield. Rl 02917Tel.i4Q 1)556-7770 Fax (40Ij 349-0484 Est. Since 1985 501 c(3

Page 11: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

^ii I I

Carol A. AquilanteTown Clerk

Town of SmitfifieCcC64 Famum Pike

Esmond, Rhode Island 02917(401) 233-1000 - Fax (401) 232-7244

SPECIAL EVENT LICENSE

The following criteria must be met for the issuance of a Special Event License:

Yes

Provide live entertainment or amusement

Open to the general public

Fee is charged

Expected number of persons in attendance isMore than 250

No

NAME OF ORGANIZATION

\printnAme 1-^ X/

SIGNATURE

DATE

Page 12: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

WATLAO BUDDHOVATH OF R/, INC.Buddhist Education • Meditation • Cultural Education • Youth Activities

GOHHiJNfJV Ne\JlS

BOUN PHRAVETE FESTIVAL 2017

You are all invited to celebrate Boun Phra Vete

On Saturday and Sunday, June 17 - June 18, 2017WWW.RILAOCENTER.ORG

Boun Phravete is a festival to celebrate the birth and life of Prince Vessantara, theBuddha's penultimate existence. Prince Vessantara is believe to be one reincarnation ofBuddha. A crown prince, Vessnatara was famous for his vast generosity, even much soto give away his wife, children, even some stories say his eyes. His actions display thevirtue of perfect charity. His story underscores the characteristic Buddhist beliefs.

PLEASE JOIN US IN CELEBRATING THE BEAUTIFUL STORY OF BOUN PHRA VETE.

Program:Saturdav. June 17. 2017

9:00 am-1:00 pm- Religious Ceremony9:00 am-10:30 am- Offering Alms10:30-12:00- Food Offering1:00 pm-3:30 pm- Vessanthara Jataka - The birth story of Buddha Is recited.1:00-6:00 pm- Culture Activities and Entertainment

Sundav. June 18. 2017

9:00 am-1:00 pm- Religious Ceremony9:00 am-10:30 am- Offering Alms (Most important day for Dak Bhat or Offering Alms)10:30-12:00- Food Offering1:00 pm-1:20 pm - Traditional Dance and Music by Laotian Troupe of Rl1:30 pm-2:00 pm- Parade of the Buddha statue around temple grounds1:00-6:00 pm- Culture Activities and Entertainment

ALL EVENTS WILL TAKE PLACE ON TEMPLE GROUNDS LOCATED AT:

88 Limerock Rd.

Smithfield, Rl 02917

Limerock Road; Smithfield, Rl 02917

Main Telephone (401)232-7696 Est. Since 1985 501 c(3)

Page 13: MEETING SMITHFIELD TOWN HALL TOWN COUNCIL …Jun 06, 2017  · COUN S E L LOR S AT LAW May 23, 2017 Mr. Dennis G. Finlay Town Manager Town of Smithfield Town Hall 64 Famum Pike Smithfield,

May 31,2017

TO: Smithfield Town Council

FROM: Randy R. Rossi

SUBJECT: Other Post-Employment Benefits Trust Transfer of Assets

In September of 2012 the Town Council voted to create an Other Post-Employment Benefits(OPEB) Trust to help the Town for the purposes of funding any unfunded liability for other post-employment benefits including, but not limited to, health care and dental befits in accordancewith government accounting standards board statements 43 and 45. The Town's assets havegrown to over $2.8M as of May 31, 2017.

In February, the Trust put on a seminar about their OPEB Funding Program and the opportunitiesfor communities to join the program. They provided a detailed history of the program sinceinception (July 2015), the performance of the program, and the rate structure. Based on theseminar the OPEB Board scheduled to have a review of funds current status and setup to have apresentation by The Trust to the board members.

At the April 25,2017 OPEB Board Meeting, the Trust put on a presentation concerning theirOPEB Funding Program. Based on the presentation and a review of the current fund status it isthe recommendation of the OPEB Board that the Smithfield Town Council approve the attachedresolution as presented authorizing the transfer of the Town's OPEB assets to the Trust's OPEBFunding Program.

MOTION:

That the Smithfield Town Council authorizes the attached resolution as written.

Enclosures:

OPEB Board Meeting - Draft Minutes 4-25-17The Trust OPEB Funding Progreim PresentationOther Post-Employment Benefits Trust Fund - Ordinance Chapter 69