OPEN SESSION TUESDAY October 6, 2020

SMITHFIELD TOWN COUNCIL MEETING

OPEN SESSION

TUESDAY October 6, 2020 SMITHFIELD TOWN COUNCIL VIRTUAL MEETING TUESDAY, OCTOBER 6, 2020 5:00 P.M. Please join the meeting from your computer, tablet or smartphone. . https://www.gotomeet.me/RandyRossi/smithfield-town-council

You can also dial in using your phone. United States (Toll Free): 1 877 568 4106 United States: +1 (646) 749-3129

Access Code: 342-830-965 For technical support dial: 401-233-1010

AGENDA

I. Regular meeting called to order at 5:00 p.m. II. Prayer III. Salute to the Flag IV. Presentations: None. V. Minutes: A. Move that the minutes of the September 9, 2020 Town Council executive session meeting held pursuant to Rhode Island General Laws Section 42-46- 5(a)(5) regarding potential acquisition of real estate be approved as recorded and sealed. B. Move that the minutes of the September 15, 2020 Town Council open session meeting be approved as recorded. VI. Consider, discuss and act upon the following possible appointments and reappointments: A. Johnston-Smithfield Juvenile Hearing Board reappointment with a term expiring in September of 2021. B. Youth Council appointments (12) with terms expiring in October of 2022. VII. Public Hearings: A. Conduct a public hearing to consider to consider a petition for the abandonment of a portion of Vera Drive. B. Conduct a public hearing to consider an amendment to the Comprehensive Community Plan, Land Use Map for property described as Assessor’s Plat 42, Lot 139 and Assessor’s Plat 40, Lots 1-440 (known as the “Tea Lots”) as submitted by Smithfield Estates, LLC and Earl Grey Estates, LLC located at 128 Douglas Pike and Ridge Road. C. Conduct a public hearing to consider an amendment to the Zoning Ordinance and Zoning Map for property described as Assessor’s Plat 42, Lot 139 and Assessor’s Plat 40, Lots 1-440 (known as the “Tea Lots”) as submitted by Smithfield Estates, LLC and Earl Grey Estates, LLC located at 128 Douglas Pike and Ridge Road. D. Conduct a Public Hearing to consider, discuss and act upon approving a request from Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, located at 947 Douglas Pike for the extension of hours to be as follows Monday through Sunday 24/7 Hours. VIII. Licenses: A. Consider, discuss and act upon approving a new Victualling Only License for Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, 947 Douglas Pike, as applied, subject to compliance with all State regulations, local ordinances, a copy of their Retail Sales Permit and final approval from the RI Department of Health with the extension of hours to be as follows: Monday through Sunday 24/7 Hours. B. Consider, discuss and act upon approving a new Holiday Sales License for Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, 947 Douglas Pike, as applied, subject to compliance with all State regulations, local ordinances and a copy of their Retail Sales Permit.

IX. Old Business: None. X. New Business: A. Consider, discuss, and act upon authorizing a Requests for Proposals for the purchase of Winter Sand. B. Sitting as the Smithfield Water Supply Board, consider, discuss, and act upon authorizing the Town Manager to enter into a contract, through the Massachusetts Management Accounting Reporting System (MMARS) Operational Services Division MA.FAC88, for the purchase of one (1) 2020 Hitachi ZX50U-5 mini excavator in an amount not to exceed $64,550. C. Consider, discuss, and act upon authorizing amendment #10 to Veolia Water operations and maintenance contract to complete the replacement of the primary logic control center at the Wastewater Treatment Facility for an amount not to exceed $229,222. D. Consider, discuss, and act upon authorizing a request for qualifications for an On Site Wastewater Management Plan. E. Consider, discuss, and act upon authorize the Town Manager to amend the insurance policy with the Rhode Island Intralocal Trust to extend the Town’s general liability insurance coverage to $5,000,000 for a fee not to exceed $60,912 for the annual premium. F. Consider, discuss, and act upon authorizing the purchase of three (3) LIFEPAK 15 EKG/Defibrillators from Stryker Medical to be funded by the FEMA Assistance to Firefighters Grant EMW-2019-FG-09735. G. Consider, discuss, and act upon authorizing the Ice Rink to install the Live Barn Streaming Service for virtual viewing, pending the review and approval of the Town Solicitor. H. Consider, discuss, and act upon authorizing a bid award for Disaster Recovery Administrative Services for the Town of Smithfield. I. Consider, discuss, and act upon approving Change Order Number 2 to Ahlborg Construction for the School Construction project in an amount not to exceed $38,532. J. Consider, discuss, and act upon a resolution issuance of general obligation refunding bonds to refund various general obligation bonds K. Consider, discuss, and act upon a resolution authorizing motor vehicle tax collection for Fiscal Year 2021. L. Consider, discuss, and act upon canceling the November 3, 2020 Town Council meeting. M. Consider, discuss, and act upon approving tax abatements in the amount of $10,945.87. XII. Public Comment 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, OCTOBER 2, 2020 The public is welcome to any meeting of the Town Council or its sub-committees. If communication assistance (readers/interpreters/captions) or any other accommodation to ensure equal participation is needed, please contact the Smithfield Town Manager’s office at 401-233-1010 at least forty-eight (48) hours prior to the meeting.

PLEASE SEE CLOSED SESSION MINUTES ENVELOPE MINUTES OF SMITHFIELD TOWN COUNCIL MEETING VIA TELECONFERENCE Date: Tuesday, September 15, 2020 Place: Smithfield Town Hall Time: 5:00 P.M.

Present: Town Council President Suzanna L. Alba Town Council Vice-President T. Michael Lawton Town Council Member Dina T. Cerra Town Council Member Sean M. Kilduff Town Council Member Maxine A. Cavanagh Town Manager Randy R. Rossi Town Solicitor Anthony Gallone, Esq. Town Clerk Carol A. Aquilante Town Manager Rossi explains the Tele-Conference procedure.

I. Council President Alba calls the Tuesday, September 15, 2020 Smithfield Town Council meeting to order at 5:00 p.m.

II. Town Council President Alba offers a prayer.

III. Salute to the flag.

IV. Presentations: None. V. Minutes: A. Move that the minutes of the July 8, 2020 Town Council work session meeting be approved as recorded.

Motion made by Council member Cerra, seconded by Council Vice-President Lawton, that the minutes of the July 8, 2020 Town Council work session meeting be approved as recorded. Motion is approved by a unanimous 4/0 vote. Council member Cavanagh abstains.

B. Move that the minutes of the August 25, 2020 Town Council executive session meeting held pursuant to Rhode Island General Laws and Section 42-46-5(a)(1), Personnel, to interview Michelle Bettencourt, Minoska Pena, Kate Zimmerman, Ashleigh Gilchrist, Stephanie McCulloch, Joseph Tudino, Louis Catarina, and Russell Potter for possible appointments to a town board or commission meeting be approved as recorded and sealed.

Motion made by Council member Kilduff, seconded by Council member Cavanagh, that the minutes of the August 25, 2020 Town Council executive session meeting held pursuant to Rhode Island General Laws and Section 42-46-5(a)(1), Personnel, to interview Michelle Bettencourt, Minoska Pena, Kate Zimmerman, Ashleigh Gilchrist, Stephanie McCulloch, Joseph Tudino, Louis Catarina, and Russell Potter for possible appointments to a town board or commission meeting be approved as recorded and sealed. Motion is approved by a unanimous 4/0 vote. Council Vice- Page 2 Town Council Meeting September 15, 2020

President Lawton abstains.

C. Move that the minutes of the September 1, 2020 Town Council open session meeting be approved as recorded.

Motion made by Council member Cerra, seconded by Council member Cavanagh, that the minutes of the September 1, 2020 Town Council open session meeting be approved as recorded. Motion is approved by a unanimous 5/0 vote.

D. Move that the minutes of the September 1, 2020 Town Council executive session held pursuant to Rhode Island General Laws Section 42-46-5(a)(5) for discussion and possible vote regarding potential acquisition of real estate be approved as recorded and sealed.

Motion made by Council Vice-President Lawton, seconded by Council member Kilduff, that the minutes of the September 1, 2020 Town Council executive session held pursuant to Rhode Island General Laws Section 42-46-5(a)(5) for discussion and possible vote regarding potential acquisition of real estate be approved as recorded and sealed. Motion is approved by a unanimous 5/0 vote.

VI. Consider, discuss and act upon the following possible appointments and reappointments: None.

VII. Public Hearings:

A. Conduct a Public Hearing to consider, discuss and act upon approving the transfer of a Class A Beverage License from Smithfield Liquor Mart, Inc. d/b/a “Smithfield Liquor Mart”, located at 981 Greenville Avenue, to Smithfield Liquor Mart, Inc. d/b/a “Smithfield Liquor Mart”, same location, due to a transfer of stock shares, as applied, with the hours of operation to be Monday through Wednesday, 9:30 a.m. to 9:30 p.m., Thursday through Saturday 9:30 a.m. to 10:00 p.m. and Sunday 12:00 p.m. to 6:00 p.m., subject to compliance with all State regulations, local ordinances, Certificate of Good Standing from the RI Division of Taxation, proof of insurance and a copy of TIP cards.

Council President Alba opens the public hearing.

Timothy Kane, Attorney explains that his client is transferring 100% of the stock and is awaiting the certificate of good standing, which should take place within the month when there is a closing.

Town Clerk Aquilante explains that there has been a lien received through the Town Clerk’s office from McLaughlin and Moran, Inc. in the amount of $4,432.62.

Page 3 Town Council Meeting September 15, 2020

Solicitor Gallone explains that the vote to approve can proceed subject to the payment of a lien from McLaughlin and Moran, Inc.

Hearing no further comment Council President Alba closes the public hearing.

Motion is made by Council member Kilduff, seconded by Council Vice-President Lawton, that the Smithfield Town Council consider, discuss and act upon approving the transfer of a Class A Beverage License from Smithfield Liquor Mart, Inc. d/b/a “Smithfield Liquor Mart”, located at 981 Greenville Avenue, to Smithfield Liquor Mart, Inc. d/b/a “Smithfield Liquor Mart”, same location, due to a transfer of stock shares, as applied, with the hours of operation to be Monday through Wednesday, 9:30 a.m. to 9:30 p.m., Thursday through Saturday 9:30 a.m. to 10:00 p.m. and Sunday 12:00 p.m. to 6:00 p.m., subject to compliance with all State regulations, local ordinances, Certificate of Good Standing from the RI Division of Taxation, proof of insurance and a copy of TIP cards, subject to payment of lien from McLaughlin & Moran, Inc. Motion is approved by a unanimous 5/0 vote.

B. Conduct a public hearing to consider an amendment to the Comprehensive Community Plan, Land Use Map for property described as Assessor’s Plat 42, Lot 139 and Assessor’s Plat 40, Lots 1-440 (known as the “Tea Lots”) as submitted by Smithfield Estates, LLC and Earl Grey Estates, LLC located at 128 Douglas Pike and Ridge Road.

Council President Alba opens the public hearing.

Motion made by Council member Kilduff, seconded by Council member Cavanagh, that the Smithfield Town Council continues the public hearing to October 6, 2020 for consideration of an amendment to the Comprehensive Community Plan that involves changing the land use designation of the subject property from Low-Medium Density Residential, Medium Density Residential and Commercial to Planned Development as described in the petition for the “Tea Lots” and changes the land use designation of lots adjoining the project from Medium Density Residential (MDR) to Commercial as shown on the attached map. Motion is approved by a unanimous 4/0 vote. Council Vice-President Lawton recuses himself.

C. Schedule a public hearing on October 6, 2020 to consider an amendment to the Zoning Ordinance and Zoning Map for property described as Assessor’s Plat 42, Lot 139 and Assessor’s Plat 40, Lots 1-440 (known as the “Tea Lots”) as submitted by Smithfield Estates, LLC and Earl Grey Estates, LLC located at 128 Douglas Pike and Ridge Road.

Motion made by Council member Cerra, seconded by Council member Kilduff, to schedule a public hearing on October 6, 2020 to consider an amendment to the Zoning Ordinance and Zoning Map for property described as Assessor’s Plat 42, Lot 139 and Assessor’s Plat 40, Lots 1-440 (known as the “Tea Lots”) as submitted by Page 4 Town Council Meeting September 15, 2020

Smithfield Estates, LLC and Earl Grey Estates, LLC located at 128 Douglas Pike and Ridge Road. Motion is approved by a unanimous 4/0 vote. Council Vice- President Lawton recuses himself.

VIII. Licenses:

A. Consider, discuss and act upon approving a new Massage Therapy License for Jacqueline C. Moloney to conduct Therapeutic Massage at “Smithfield Fitness”, 970 Douglas Pike, as applied, subject to compliance with all State regulations and local ordinances.

Motion made by Council Vice-President Lawton, seconded by Council member Kilduff, that the Smithfield Town Council consider, discuss and act upon approving a new Massage Therapy License for Jacqueline C. Moloney to conduct Therapeutic Massage at “Smithfield Fitness”, 970 Douglas Pike, as applied, subject to compliance with all State regulations and local ordinances. Motion is approved by a unanimous 5/0 vote.

IV. Old Business: None.

V. New Business:

A. Consider, discuss, and act upon authorizing the Ice Rink to purchase and install a new REAL Ice Water System.

Thomas J. Tullie, Ice Rink Director, explains that the Ice Rink was contacted by National Grid for the purpose of evaluating the Ice Rink for an energy efficiency upgrade program. As a result, in October 2019 the Demand Management Institute (DMI) did a Scoping Study Report on possible areas of energy efficiency improvements and their recommendation was to install the REALice Water System for all ice maintenance functions. In addition, RISE Engineering a National Grid Vendor, has evaluated the overall financial impact of this project and has determined that this upgrade is a net positive for the Ice Rink. RISE Engineering would be doing the equipment install through the State of Rhode Island’s Master Price Agreement.

Motion made by Council Vice-President Lawton, seconded by Council member Kilduff, that the Smithfield Town Council awards the installation of the REALice Water System Project, at the Smithfield Municipal Ice Rink, to RISE Engineering through the State of Rhode Island MPA at the qualified price of $26,690.00 – the project funds to come from the Ice Rink Operating Fund. Motion is approved by a unanimous 5/0 vote.

Page 5 Town Council Meeting September 15, 2020

B. Consider, discuss, and act upon the school construction/renovation project change order approval policy and procedures.

Motion made by Council Vice-President Lawton, seconded by Council member Kilduff, that the Smithfield Town Council table this agenda to a future Town Council meeting. Motion is approved by a unanimous 5/0 vote.

C. Consider, discuss, and act upon authorizing a Memorandum of Understanding with the Woonasquatucket River Watershed Council to develop a Flood Resilience Study.

Town Manager Rossi explains that the Town has partnered with the WRWC to improve the natural resources of the Woonasquatucket Watershed and the PL-566 program provides a perfect opportunity to deepen our partnership. Town Manager Rossi further explains that the MOU establishes the role the Town will play in assisting the City and WRWC in developing a Flood Resilience Study for the Woonasquatucket River Watershed.

Motion made by Council Vice-President Lawton, seconded by Council member Cerra that the Smithfield Town Council authorizes Randy R. Rossi, Town Manager to execute the MOU between the Town of Smithfield and the Woonasquatucket River Watershed Council (WRWC). Motion is approved by a unanimous 5/0 vote.

XI. Public Comment Alfred Costantino, Town resident, understands that the change order agenda item has been tabled this evening. He feels that the Town has approved the work be done at Anna McCabe Elementary School and now the Town needs to pay the vendor. Mr. Costantino states that the Town does not have the right people approving the change orders of the owner of the property. Fiber Optic change orders – regarding the fiber optic lines – should not be relocated without looking back at the plans. Mr. Costantino feels that there is not enough knowledgeable people on the committee questioning these change orders. Mr. Costantino further states that there are a lot of inexperienced people serving on the Building Committee.

XII. Announce any closed session votes required to be disclosed pursuant to Rhode Island General Laws, Sec. 42-46-4.

There are no votes taken in Executive Session this evening.

Page 6 Town Council Meeting September 15, 2020

XIII. Adjournment. Motion is made by Council Vice-President Lawton, seconded by Council member Cavanagh, to adjourn the meeting. Motion is approved by a unanimous 5/0 vote.

Meeting adjourns at 5:34P.M.

Town Clerk Town of Smithfield 64 FARNUM PIKE SMITHFIELD, RHODE ISLAND 02917

PLANNING DEPARTMENT Telephone (401) 233-1017 Fax (401) 233-1091

MEMORANDUM

DATE: September 25, 2020 TO: Town Council FROM: Michael Phillips, Town Planner RE: Request to Abandon Portions of Vera Drive

The enclosed petition to abandon portions of the Vera Drive right of way has been reviewed by the Planning Department and is submitted to the Town Council for consideration. The petition is submitted on behalf of JORICA DEVELOPMENT LLC and DAHLIA BONZAGNI, the land owners that abut the two small areas of the right of way to be abandoned.

The Planning Board recently approved a subdivision that included the extension and reshaping of the Vera Drive cul de sac. The extension of the right of way left two small portions of the old right of way that are no longer necessary for roadway purposes given the new configuration.

Pursuant to Rhode Island General Law Title 24 Highways Chapter 24-6, Abandonment By Towns, the Town Council of a community is authorized to abandon a roadway that no longer serves a public purpose. The law also requires notice of the abandonment be provided in a newspaper once a week for three (3) successive weeks prior to the meeting and, that those abutting the roadway to be abandoned receive personal notice.

Ownership of the roadway right of way areas that are abandoned revert to the abutting owners.

Recommended Motion: That the Smithfield Town Council hereby approves the abandonment of portions of Vera Drive and provide notice as required by R.I.G.L.

Attachments: Petition to the Honorable Town Council to Abandon portions of Vera Drive Abandonment Plan Exhibit A – Deed Descriptions

4 SCITUATE SEPTEMBER 10-16, 2020 | VALLEY BREEZE & OBSERVER | SMITHFIELD SCITUATE FOSTER GLOCESTER Carosi storms Mattiello in District 41 primary By JACQUELYN MOOREHEAD her, as a big win and said she will Carosi earned 73.4 ins, met with folks. Valley Breeze & Observer Staff Writer move forward with the same positive percent of the vote I thought for sure it messages. with 243 votes, while would be a cinch,” [email protected] “I think people are excited to see Mattiello earned 26.6 said Mattiello, who is a fresh new face on campus. I think percent, or 88 votes. cousins with Rhode SCITUATE – In Scituate, District during this trying time with corona- Carosi will now go Island Speaker of 41 candidate Pamela Carosi won a virus, people are happy to see some- up against incumbent the House Nicholas wide margin of the vote over oppo- one with a positive, upbeat attitude,” Robert Quattrocchi, Mattiello. nent Giuseppe Mattiello in Tuesday’s Carosi said. CAROSI a Republican who is MATTIELLO The early results primary polling place results, enough Carosi earned 82 percent of the running for his third on the Rhode Island of a margin for Mattiello to con- in-person vote on the Scituate side of term in office, in the Nov. 3 election. Board of Elections website Tuesday cede defeat before mail ballots were District 41 on Tuesday, with a total She said she believes Quattrocchi is had many people on social media counted. of 155 votes here. Mattiello earned a “good fellow,” but it is time for a sites mistakenly thinking that it was Carosi said her messages high- 18 percent of the Scituate tally, or 34 change at the Statehouse. Speaker Mattiello who had gone lighting a thoughtful government votes. Mattiello said he is OK with his down. and ethical campaign paid off for In Cranston, Carosi earned 62 first attempt at the office not being District 41 represents Scituate and her in the primary. She considers percent of the vote, or 88 votes, to a success, and he is grateful for the parts of Cranston. the overwhelming results, or nearly Mattiello’s 38 percent, or 54 votes. experience. In Scituate, 409 residents came out three-quarters of the vote going to For in-person voting on Tuesday, “I worked hard. I did a lot of mail- to vote, with 31 early voters coming to Town Hall in the weeks leading up to the primary, and 282 more TOWN OF GLOCESTER - PUBLIC NOTICE mail ballots waiting to be counted. PROPOSED COMPREHENSIVE PLAN AMENDMENT #20-01 According to Gloria Taylor with Notice is hereby given of a Joint Public Hearing before the Glocester Town Council and the the Scituate Board of Canvassers, Glocester Planning Board at which the proposed Amendment #20-01 of the Glocester Compre- final tallies may not be ready until ABOUT US hensive Plan and an amendment to Chapter 1. General Provisions, Article III Comprehensive Thursday. The Valley Breeze is Community Plan, of the Glocester Code of Ordinances will be considered. The public hearing Taylor said primary voting num- a locally owned newspaper shall be held on Thursday, October 1, 2020 at 7:30 p.m. Pursuant to R.I. Executive Order #20- bers came in early, making for an Office location: 6 Blackstone Valley Place, 05 executed by Governor Gina Raimondo, this meeting will be teleconferenced via Zoom: all-around slow day at the polls. Suite #204, Lincoln, RI 02865 Mattiello’s campaign focused on Hours: 8:30 a.m. to 5 p.m. weekdays. Via Computer: helping the state financially recover Closed weekends and holidays. https://zoom.us/j/92985611295?pwd=ci9OalV1Ny85WG9wRzB3L3pWN204Zz09 from the COVID-19 pandemic, and Call us: 401-334-9555 he’d highlighted a business-oriented Fax: 401-334-9994 Via Telephone: 833 548 0282 US Toll-free Online: www.valleybreeze.com 877 853 5247 US Toll-free mentality to bring about positive 888 788 0099 US Toll-free change. READER SERVICES 833 548 0276 US Toll-free Among her other objectives, Carosi says she will take small busi- DO YOU HAVE A STORY IDEA? Meeting ID: 929 8561 1295 ness owners (she is one) into consid- Contact Jacquelyn Moorehead at jackie@ eration while focusing on education valleybreeze.com or call 401-334-9555, Meeting Password: 615550 and keeping taxes low. ext. 125. 24-hour, 7-day voice mail. ADVERTISING – Call your sales The Town is proposing a series of amendments to the existing Comprehensive Plan which representative, or Director of Sales Jack Birolini was adopted on April 19, 2018. Amendments are proposed to the text of the following sections at 401-334-9555, ext. 141 or email: jack@ of the Comprehensive Plan: Goals, Policies, Actions and Implementation Program, Land Use, valleybreeze.com Natural, Historic and Cultural Resources, Open Space and Recreational Resources, Services and Hope Library announces CLASSIFIEDS – Place ads at valleybreeze.com, Facilities, Economic Development and Housing. This plan is being amended in accordance with or call 401-334-9555 during office hours. the provisions of Chapter 45-22.2 of the General Laws of the State of Rhode Island. fall story time programs The proposed text to be considered is available for public review at the Glocester Planning NEWS BRIEFS AND CALENDAR EVENTS Let others know about events sponsored by Department, Glocester Town Hall, 1145 Putnam Pike, Chepachet, RI during the hours of 8:30 SCITUATE – Hope Library, 374 your non-profit organization, church or school. am – 4:30 pm. and can also be found on the Glocester website at www.glocesterri.org. North Road, offers story times for The proposed Comprehensive Plan language may be altered or amended prior to the close children from ages birth to 5 years. • Deadline: Entertainment news is Friday at of the public hearing without further advertising as a result of further study or because of the noon. All other news is Monday 3 p.m. views expressed at the public hearing. Any such alteration or amendment must be presented for At this time, fall programs will be • Submit: We prefer receiving news via e-mail. comment in the course of said public hearing. virtual, using Zoom. Links to pro- Send yours to [email protected]. You If communication assistance or any other accommodation to ensure equal participation is grams will be sent once registration is may also fax or mail your item. Receipt does not needed, please contact the Glocester Town Clerk’s office at 401-568-6206 at least forty-eight (48) completed. guarantee publication. Event marketing by for- hours prior to the meeting. Virtual story times: profit businesses requires paid advertising. • Preschool Story Time will be held DO YOU HAVE SOMETHING TO TOWN OF SMITHFIELD on Mondays, Sept. 14, 21 and 28, CELEBRATE? TOWN COUNCIL VIRTUAL MEETING at 10:30 a.m. This is a program of Share the good news of your births, stories, music and movement for chil- engagements, weddings and anniversaries. This NOTICE OF PUBLIC HEARING ABANDONMENT OF A PORTION OF VERA DRIVE dren ages 3 and older. is a free service. Pictures will be returned upon • Book Babies will be held on request. VIRTUAL MEETING INFORMATION Fridays, Sept. 18 and 25, at 10:30 • Get forms: Visit www.valleybreeze.com, click a.m. This program is for children on “Celebrations” at left, and select a form; or Please join the meeting from your computer, tablet or smartphone. call 401-334-9555; or stop by the office during https://www.gotomeet.me/RandyRossi/smithfield-town-council ages birth to 24 months and a parent business hours. You can also dial in using your phone. or caregiver, and includes rhymes, rhyming books and music. OBITUARIES – Obituaries cost $90–$125. United States (Toll Free): 1 877 568 4106 They are posted online immediately, and placed United States: +1 (646) 749-3129 • Time for Twos will be held on in the first available paper. Check with your Access Code: 342-830-965 Fridays, Sept. 18 and 25, at 11:30 funeral director for details. For technical support dial: 401-233-1010 a.m. This is a program of stories and music for children ages 2-3 and a par- ARE YOU LOOKING FOR A PREVIOUSLY ent or caregiver. PUBLISHED STORY? The following abandonment petition will be considered at the Virtual Town Council All current stories remain free online for one meeting on Tuesday, October 6, 2020. Notice is hereby given that a Public Hearing will be • A Story! A Story! will be held week after print publication. Older stories are held on Tuesday, October 6, 2020 at 7:00 p.m. by way of a Virtual Town Council hearing on on Thursdays, Sept. 17 and 24, at 7 now archived online back to July 2001. We’re a petition of Jorica Development, LLC, and Dahlia Bonzagni to abandon portions of Vera p.m. This program is geared toward sorry, but we have few back issues of papers Drive. Jorica Development LLC owns Lots 1, 2, & 3 as shown on a Minor Subdivision for families with children ages 3 and up. in our offices and cannot provide free library Jorica Development, LLC, approved by the Smithfield Planning Board on October 17, 2019, Participants are invited to wear paja- services. and Dahlia Bonzagni owns lot 184 on Assessor’s Plat 45. The above mentioned subdivision mas and listen to a new story every • Online: Visit www.valleybreeze.com, and click proposed by Jorica Development LLC involves the extension of Vera Drive. week. The Abandonment Petition and subdivision plan are on file with the Town Clerk of said on “Search The Breeze Archive.” Use keywords The 2020 Kids Read Across RI to find old stories. Single stories cost $2.95 Town Council. through our Newsbank partners. Multi-story That Notice be given to the owners of the land abutting upon the extension of Vera book is “The Oddmire, Changeling” packages, which provide lower costs per story, Drive; to appear at the aforesaid Public Hearing, if they see fit, to be heard for against by William Ritter, and the library are also available. such abandonment and, as to the damage if any, which they shall sustain thereby. is giving copies away. Children in SUBSCRIPTIONS – The Valley Breeze may be Such Notice shall be given by advertisement in the Valley Breeze Observer, and further, grades 3-5 may call the library and delivered anywhere in the United States, in an a personal Notice shall be served upon every person known to reside within this State, who reserve a copy for pickup. envelope, by First Class mail only. The cost is is an owner of land abutting upon said extension of Vera Drive; which is proposed to be Call 401-821-7910 or email chil- $189 per year, or $4 per week. abandoned. drenslibrarian@hopepubliclibrary. Phone 401-334-9555 for details. That the Smithfield Town Clerk is hereby authorized and directed to cause Notice to be org with questions or to register for COPYRIGHTS – valleybreeze.com or its content given in accordance with the provision hereof. This Resolution shall take effect upon its programs. passage. may not be linked to any other Web site Visit the library’s program calendar without the written permission of the publisher. News aggregators that solicit advertising may By order of the Smithfield Town Council: at www.hopepubliclibrary.org for not link valleybreeze.com. ATTEST: Carol A. Aquilante, MMC, Town Clerk young adult and adult programs. t

Town of Smithfield 64MEMORANDUM FARNUM PIKE SMITHFIELD, RHODE ISLAND 02917

DATE PLANNING DEPARTMENT Telephone (401) 233-1017 MEMORANDUM Fax (401) 233-1091

DATE: September 9, 2020

TO: Smithfield Town Council

FROM: Michael Phillips, Town Planner

RE: Smithfield Estates, LLC, Earl Grey Estates - Comprehensive Plan Amendment

INTRODUCTION

The enclosed petition to amend the zoning ordinance and zoning map was submitted to the Town for consideration on August 5, 2019. Pursuant to Section III, Article J, of the Land Development and Subdivision Regulations, an applicant proposing a Land Development Project that also requires zoning map and or ordinance amendments, “shall first obtain an advisory recommendation on the zoning change from the Planning Board as well as conditional Planning Board approval for the first approval stage for the proposed project.

Accordingly, the Planning Board began reviewing the project at the Pre- application/Concept level in October of 2019. Several iterations of the plan were reviewed and commented on by the Board. The most recent concept was reviewed by the Board in February of this year. The Master Plan submission was made in April and reviewed by the Planning Board at the June 18th Informational Meeting, during which a number of abutters commented on the project. The Board conducted a site walk on July 15th and a number of abutters walked the perimeter of the project along Ridge Road and along the water line easement near the southern end of the lot. The Applicant revised the plans based on comments from the Board, the public and this office and the Board subsequently approved the revised Master Plan on July 16th. The Board also recommended in favor of the proposed comprehensive plan, zoning ordinance and zoning map amendments.

BACKGROUND

The area that is subject of the Comprehensive Plan amendment is located in the south eastern part of Town between Douglas Pike and Ridge Road on lots that have become known as the “Tea Lots”. These lots were part of the so called “Lake View Park” plat recorded in 1902 (See Attached). The controversy before this Court is preceded by an extensive history originating at the turn of the Nineteenth Century with John M. Hathaway, tea merchant with, a large plat of land, prepared and recorded a plat of land situated primarily on the westerly side of Douglas Pike in Smithfield. This plat of land, designated as "Lake View Park," consisted of nine hundred and eighty-seven (987) small lots, the majority of which were sixty (60) feet by twenty-five (25) feet in dimension. The lots were deliberately divided in such a manner to enable the purchase of the lots to occur in conjunction with the sale of tea. Specifically, John M. Hathaway provided each tea purchaser the opportunity to buy one lot within Lake View Park per one pound of tea, in exchange for a $2.00 fee to cover the cost of executing the warranty deed. Accordingly, such land parcels are referenced as "tea lots."

While the vast majority of the tea lots were ultimately conveyed, very few purchases resulted in any significant unification of adjoining parcels. Consequently, Lake View Park remained undeveloped. Proposed streets were never laid out, and the topography remained as wooded land Overtime, many tea lot purchasers passed away, and heirs to the undeveloped tea lots ceased paying property taxes. This extensive tax delinquency and virtual abandonment prompted the Town of Smithfield to conduct a tax sale in June of 1950 concerning nearly three hundred and thirty (330) of the tea lots scattered throughout Lake View Park. After receiving no bids for the real estate, the Town's Tax Collector conveyed these lots to the Town by virtue of a tax deed executed on July 18, 1950. There ensued from this point a number of conveyances by various parties associated with the plats over many decades leading to an overlapping and complicated ownership trail that led to numerous suits starting in 1975, counter claims and claims of adverse possession. Ultimately, the Filippi’s/ Smithfield Estates, LLC prevailed.

A Final Judgement was entered on August 3, 2017 whereby fee simple title to the lots were quieted in two entities; Smithfield Estates, LLC with a total of 380 lots and Paul Filippi, Steven Filippi and Blake Filippi with a total of 493 lots.

The Town’s merger provisions require substandard lots of record in contiguous ownership to be merged to create lots that conform to zoning or, come closer to adhering to the dimensional standards of the zoning district. After applying the merger provisions to the lots as configured in the judgement, it was determined that there were 228 discrete lots between the two owners.

COMPREHENSIVE PLAN AMENDMENT

A petition to amend the Zoning Ordinance and Map was submitted to the Town for consideration on August 5, 2019 for the “Tea Lots” as submitted by Smithfield Estates, LLC and Earl Grey Estates, LLC located at 128 Douglas Pike and Ridge Road. Prior to considering this petition for zone change, the Town Council must first consider amending the Comprehensive Community Plan.

The Future Land Use Map in the Comprehensive Community Plan does not anticipate a change in the zoning of the above mentioned lots. Therefore, in order to comply with Rhode Island General Law R.I.G.L. 45-22.2-5, (c) which requires a municipality’s zoning ordinance and map be consistent with its Comprehensive Plan, the Future Land Use Map would first need to be amended to reflect the proposed change to the Planned Development (PD) district.

The proposed amendment involves changing the land use designation of the entire property from Low-Medium Density Residential, Medium Density Residential and Commercial to Planned Development (See Future Land Use Map showing current land use designations). Additionally, it is proposed that the land use designation of AP 40 / Lots 239, 240, 274, 275, 364, 386-388 and a portion of lot 452 be changed from Medium Density Residential (MDR) to Commercial to correspond with the current land use of these parcels. These lots are adjacent to the Earl Grey Estates project.

It should also be noted that the Tea Lots are listed as Map ID #6 in Table H-25 Selected Properties for the Construction of Low and Moderate Income Housing which is in the housing element of the Comprehensive Plan (See below). The lots listed include about 10 acres of land on the east side of Douglas Pike which brings the total area of the Map ID# 6 to approximately 52 acres.

Projected # Units at

Buildout

Lot Plat

Zoning Map ID# Map 34% LMI 49% LMI 100% LMI - -

- Public Sewer Public Public Water Public Buildable Area Buildable Gross Land Area Land Gross Location/Owner 8 units / acre / acre units 8 5 units / acre / units 5 25% 35% 12 units / acre Proposed/Approved 50% Market Rate/LMI Units Units Market Rate/LMI

Tea Lots- 6 41, 42 1 - 450 Ridge R-MED 52 50.1 Yes No 251 401 601 Road/Rte7

Recommended Motion: That the Smithfield Town Council hereby adopts the amendment to the Comprehensive Community Plan that involves changing the land use designation of the subject property from Low-Medium Density Residential, Medium Density Residential and Commercial, to Planned Development as described in the petition for the “Tea Lots” and changes the land use designation of lots adjoining the project from Medium Density Residential (MDR) to Commercial as shown on the attached map.

Attachments: Portion of Figure LU-11: Future Land Use – Showing Land Use designations in the area of the “Tea Lots”. Notice of Public Hearing – Comprehensive Plan Amendment - published in the Valley Breeze – 8.27.2020, 9.3.2020 and 9.10.2020

Portion of Figure LU-11: Future Land Use – Showing Land Use Designations in the area of the “Tea Lots”.

Town of Smithfield 64MEM FARNUMORANDUM PIKE SMITHFIELD, RHODE ISLAND 02917

DATE PLANNING DEPARTMENT Telephone (401) 233-1017 MEMORANDUM Fax (401) 233-1091

DATE: September 25, 2020

TO: Smithfield Town Council Michael Phillips, Town Planner FROM: Smithfield Estates, LLC, Earl Grey Estates –Zoning Ordinance, and RE: Zoning Map Amendment

INTRODUCTION

BACKGROUND

The area that is subject of the project is located in the south eastern part of Town between Douglas Pike and Ridge Road on lots that have become known as the “Tea Lots”. These lots were part of the so called “Lake View Park” plat recorded in 1902 (See Attached). The controversy before this Court is preceded by an extensive history originating at the turn of the Nineteenth Century with John M. Hathaway, tea merchant with, a large plat of land, prepared and recorded a plat of land situated primarily on the westerly side of Douglas Pike in Smithfield. This plat of land, designated as "Lake View Park," consisted of nine hundred and eighty-seven (987) small lots, the majority of which were sixty (60) feet by twenty-five (25) feet in dimension. The lots were deliberately divided in such a manner to enable the purchase of the lots to occur in conjunction with the sale of tea. Specifically, John M. Hathaway provided each tea purchaser the opportunity to buy one lot within Lake View Park per one pound of tea, in exchange for a $2.00 fee to cover the cost of executing the warranty deed. Accordingly, such land parcels are referenced as "tea lots."

While the vast majority of the tea lots were ultimately conveyed, very few purchases resulted in any significant unification of adjoining parcels. Consequently, Lake View Park remained undeveloped. Proposed streets were never laid out, and the topography remained as wooded land. Overtime, many tea lot purchasers passed away, and heirs to the undeveloped tea lots ceased paying property taxes. This extensive tax delinquency and virtual abandonment prompted the Town of Smithfield to conduct a tax sale in June of 1950 concerning nearly three hundred and thirty (330) of the tea lots scattered throughout Lake View Park. After receiving no bids for the real estate, the Town's Tax Collector conveyed these lots to the Town by virtue of a tax deed executed on July 18, 1950. There ensued from this point a number of conveyances by various parties associated with the plats over many decades leading to an overlapping and complicated ownership trail that led to numerous suits starting in 1975, counter claims and claims of adverse possession. Ultimately, the Filippi’s/ Smithfield Estates, LLC prevailed.

DEVELOPMENT PROPOSAL

The Master Plan approved by the Planning Board includes 25-duplex and 30 tri-plex buildings with a total of 140 units. There are 125 two bedroom units and 15 three bedroom units. There are 23 LMI units proposed primarily in the tri-plex units (3 LMI end units are proposed in tri-plex buildings and 1 LMI unit is proposed in a duplex). The LMI units represent 16.5 percent of the total project.

Based on input from abutting residents and the Board, the Applicant agreed to reduce the number of units that back up to Ridge Road from 12 to 10 units to try and match the spacing of exiting units on Ridge Road, shifted units along Ridge Road to the east 10’ increasing the distance from the road and included a landscape berm along Ridge Road to screen units from existing homes on Ridge Road.

The proposal also includes a 3-story commercial building with 35,000 square feet of area and parking for 178 vehicles. The project entrance is on Douglas Pike at the signalized intersection of Twin River Road. The roadway is designed as a divided boulevard style road until it reaches the residential portion of the project. The residential roadway system as shown on the Master Plan includes a 24’ paved width with asphalt berms and a 5’ sidewalk on one side of the street. There is a proposed emergency access only roadway opposite Hunters Knoll that will provide access to the project from Ridge Road. It is understood that this roadway would be gated and locked and would only be used by emergency personnel. The units would all be served onsite waste water systems (OWTS) and will have access to the Smithfield municipal water system via an existing water line that traverses the site.

The three soil groups represented on the site are CeC, ChB and ChC all of which are considered generally suitable for community development with fairly gentle slopes ranging from 3 to 15 percent. Soil test data was provided on the Site Context Map (rev. 5.28.2020). Of the six soil test pits dug, 4 had groundwater (GW) at 5’, one test hole GW at 2’-7” water table and another had GW at 4’-6”. No ledge was encountered in the 6 test holes.

Land uses in the vicinity of the property vary from a nursing facility on the south eastern line of the property a commercial/ light industrial building on the eastern frontage of Douglas Pike. The Hunters Knoll subdivision across Ridge Road abuts the project to the west and has single family lots ranging in size from just over and acre to 3.5 acres. A vacant lot (17 ac) abuts the project along a portion of the north western property line and single family lots generally around 2 acres in area abut the remainder of the property perimeter.

The applicant provided fiscal impact analyses for the project which examine the potential revenues and expenses from the residential and commercial components of the project at buildout. The study estimates Municipal Costs of $388,294, School Costs of $242,265 (15 students) and Revenues from increased taxes on the new units and commercial building of $1.13 million for a Net Revenue increase of $313,969.

The applicant also provided a traffic impact study prepared by BETA Group, Inc. for the project which examines existing conditions, safety, trip generation, future traffic volumes and operational analysis. The study concludes that minor increase in traffic during peak periods should have a negligible effect on the overall traffic operations of Douglas Pike and Twin River Road.

Thomas O. Sweeney, SIOR of Sweeney Real Estate Appraisal conducted a neighborhood survey for the project which concluded that the proposed project would not adversely impact the surrounding area and “will allow for an orderly development of the property and will not have any negative impact on the use, enjoyment or diminish the value of the surrounding properties”.

ZONE CHANGE AND ORDINANCE AMENDMENT

The majority of the project is located in the Single Family Residential – Medium (R- MED) zoning district which has a minimum lot area requirement of 40,000 sq.ft. A small section of the project area in the northeast portion of the property is located in the Low Density Residential District (R-80) which has a minimum lot area requirement of 80,000 sq.ft. There is also a portion of the project area along Douglas Pike opposite Twin River Road that is within the Commercial (C) district. The proposal is to change the zone of the entire property to the Planned Development (PD) district. The PD district allows for multifamily development at a density of 2 units per acre (40,000 sq.ft.). The PD District also allows for the development of commercial uses, by right” or by special use permit.

The proposed amendment to the PD district includes a number of exemptions from the provisions found in Section 5.7 Planned Development of the Zoning Ordinance and other sections of the Zoning Ordinance and Code of Ordinances (See Sections 2-12 of the proposed ordinance). Some notable deviations from the requirements include: 1. Section 5.7.1 B. which limits the total land are devoted to any one land use type to no more than 70 % of the total land area. The residential component of the project represents about 91% of the proposed development. 2. Section 5.7.1 D which requires that two family structures have an associated land area of 40,000 square feet. Based on an estimated buildable land area of 40 acres the development density would be approximately 90 units with the proposed duplex configuration. 3. Section 5.7.1 F which requires buildings to be no closer than 100 feet to a public way or 75 feet from an interior street. It appears that many of the units along Ridge Road would be less than 100 feet from the roadway and all of the units would be closer than 75 feet to the interior roadway system. 4. Section 5.7.1 V., W. and X. which requires a 100,000 area to left in a natural state and owned in common by the owners or a non-profit whose principal purpose is the preservation of natural areas.

Recommended Motion: That the Smithfield Town Council approves the requested amendment to the Zoning Ordinance and Zoning Map associated with a Major Land Development Project known as “Earl Grey Estates” as submitted by Smithfield Estates, LLC and Earl Grey Estates, LLC located at 128 Douglas Pike and Ridge Road as recommended by the Planning Board on July 16, 2020.

Attachments: Application for Amendment to the Zoning Ordinance and Map including: Zoning Ordinance Amendment Exhibit A Superior Court Final Judgement – Smithfield Estates, LLC v. The Heirs of John M. Hathaway, C.A. No. PC03-4157, entered on 8.3.2017 Plan of Lake View Park, Recorded in Smithfield Land Evidence records on 1.1.l902 Master Plan drawing set, Prepared by Millstone Engineering dated 1.20, Rev. 7.16.2020 Site Context Map, Rev. 4.2020 Master Plan Narrative and Proposed Zone Change, Timothy F. Kane, Esq., April 2020 Smithfield Estates -Traffic Impact Study, Prepared by BETA, 2.2019, Rev. 7.2019 Real Estate Survey for Ridge Road & Douglas Pike- Tea Lots Prepared by Sweeney Real estate & Appraisal, 6.2020 Fiscal Impact Study, JDL Enterprises, 4.2020 Notice of Public Hearing on Proposed – Zoning Ordinance and Zoning Map Amendments – published in the Valley Breeze – 9.17.2020, 9.24.2020 and 10.1.2020 Planning Board Master Plan Decision, 7.16.2020 Abutters List

ZONING ORDINANCE AMENDMENT EXHIBIT “B”

It is hereby ordained by the Town of Smithfield as follows:

That the Property owned by SMITHFIELD ESTATES, LLC and EARL GREY ESTATES, LLC, being described as Assessor's Plat 42, Lot 139 and Assessor’s Plat 40, Lots as listed on Exhibit “A”(known as the “tea lots”) be zoned Planned Development (PD) subject to the following limitations, conditions, and restrictions:

1. The development of the subject property and the uses set forth below shall be allowed but limited to the following:

a) No more than one hundred forty (140) residential dwelling units to be housed in no more than fifty-eight (58) buildings with twenty-three (23) units (16.5%) qualifying as affordable housing under Rhode Island Law (affordable units) with a sales price affordable to a household earning no more than one hundred twenty (120%) percent of the average median income as defined by HUD. Said units shall be integrated with the market rate units. There shall be a total of 125 two bedroom units and 15 three bedroom units. The density relief provided with this zone change shall be considered a municipal subsidy which qualifies said units as affordable housing.

b) A commercial building comprising of no more than 34,800 square feet with uses allowed by right and by special use permit in the PD Zone as provided in the Zoning Ordinance;

2. a). The following provisions of Zoning Ordinance Section 5.7.1 shall not apply to the development of the subject property: Sections 5.7.1.B, D, F, G, H, I (provided that the separation between the buildings must meet all applicable building and fire codes), J, M, R, T, U, V, W and X.

b). Section 5.10 of the Smithfield Zoning Ordinance shall not apply to the development of the subject property.

3. The development of the property shall conform to the following limitations and conditions:

a) More than one building may be allowed on a lot. Building separation shall comply with all applicable building and fire codes.

b) More than one use may be allowed in the commercial building.

c) For structures on the same lot or on commonly owned land, the dimensional standards in Table 1 below shall apply. Residential buildings may be 2 stories in height and contain a maximum of 4 units. The commercial building may be 3 stories in height.

TABLE 1 DIMENSIONAL STANDARDS

Front Yard Rear Yard Side Yard Area Width (to Pub (to abutting (to abutting Max Use Min. Min. ROW) property) property) Height Min. Min. Min.

All 39ft. for Permitted n/a n/a 20 ft. 25 ft. 10 ft. residential structure Uses 48 ft. commercial structure

4. No retaining wall, masonry wall, or ornamental wall which is not part of a building - on the Property shall be considered a structure as defined in Section 2.2 of the Zoning Ordinance.

5. The buffers set forth and as defined by RIGL Section 2-1-20, as amended, shall apply in lieu of the buffers set forth in Zoning Ordinance Section 5.3.4.

6. Section 6.3 M of the Smithfield Zoning Ordinance shall not apply to the development of the subject property. The proposed residential and commercial structures may be served by RIDEM approved Onsite Wastewater Treatment Systems.

7. Landscaping shall conform to Chapter 231: Landscaping Requirements (333-1; Woodland Conservation Ordinance shall not apply). The property owners shall obtain approval for a landscaping plan from the Town Engineer in accordance with the Town's Landscaping Ordinance prior to the issuance of a building permit. The landscaping plan shall be implemented as directed by the Town Engineer. The Woodland Conservation Ordinance (333- 1) shall not apply.

8. Any off-site traffic improvements shall be in conformance with Town or RIDOT approval and shall require approval by the Town, RIDOT and Federal agencies, if applicable.

9. The project must be developed in conformance with the parameters set forth in this Ordinance. The development shall also comply with the requirements of the Zoning Ordinance, except that the relief granted from density, wetlands setback and all other requirements as set forth herein as approved by the Town Council as a condition of the zone change shall control in the event of conflict.

10. The property owners must obtain preliminary and final plan approval from the Planning Board for a major land development project prior to the issuance of a building permit. Plans submitted to the Planning Board shall comply with the Town’s Subdivision and Land Development Regulations provided that the provisions of this Ordinance shall control in the event of conflict.

11. In accordance with Chapter 193 Article III, any residential impact fees which may be due as a result of development of the Property pursuant to Article III may be reduced by the amount expended by the Applicant for onsite or offsite traffic, roadway, utility and fire safety improvements not solely benefitting the Applicant. No impact fees shall be assessed on any affordable housing units.

12. Unless specifically modified by this Ordinance, all applicable Town ordinances and the Town Subdivision Regulations shall apply to the subject property and the subject development plan; and

13. The Smithfield Comprehensive Plan Future Land Use Map is amended to show the subject property as Planned Development (PD), to conform with the zone change. 4144i^.Pa^e 1 of 11 > • INSTs Bk = 11.23 Ps = 12-4.

STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE,SC.

SMITHFIELD ESTATES,LLC, Plaintiff

V. C.A.NO. PC03-4157

THE HEIRS OF JOHN M. HATHAWAY,et al.. Defendants

FINAL JUDGMENT

This matter came to be heard before Mr. Justice Stem on the day of August,2017 on

the Joint Motion of Plaintiff Smithfield Estates, LLC and Defendants Paul Filippi, Steven Filippi and Blake Filippi for Entry of Final Judgment and, after hearing thereon and consideration

thereof, it is hereby:

ORDERED,ADJUDGED AND DECREED as follows;

1. All Defendants in this action have been duly served either personally or by publication pursuant to various orders of notice entered by the Court in accordance with applicable law, and this Court has jurisdiction over the parties hereto and their heirs, executors,

administrators, successors and assigns, known and unknown, and also all other persons unknown

and unascertained, claiming, or who may claim, any right, title, estate, lien, or interest in the real

estate at issue in this action, namely, that land consisting of approximately nine hundred eighty- seven (987) lots and abutting land located west of Douglas Pike in the Town of Smithfield, County of Providence, State of Rhode Island, which property was originally lawfully platted by

John Hathaway in that January 1902 plan known as "Plan of Lake View Park" recorded in the

Town of Smithfield Land Evidence Records, a copy of which plan is attached hereto and incorporated herein as Exhibit A (the "Lake View Park Plat"). . - TRUE:CpPY ATTEST

NANCY STRIULI. CLERK KENT COUNTY SUPERIOR COURT 41443 Page 2 of 11

INSTs 0004-14-4-3 Bks 1123 Pas 125

2. This Court has jurisdiction to enter this Judgment.

3. Default Judgment as set forth herein is hereby entered against all Defendants

named in Plaintiff Smithfield Estates, LLC's most recent Amended Complaint who have failed

to plead or otherwise defend in this action.

4. The interests and claims of all known parties who otherwise have or may have an

interest or claim herein who have not been defaulted or are not signatories to this Consent

Judgment have been previously resolved by Plaintiff Smithfield Estates, LLC.

5. Fee simple title is hereby quieted, effective as of August 7, 2003, the date of the

filing of this action (the "Filing Date"), in Plaintiff Smithfield Estates, LLC in the following lots

located on Lake View Park Plat, which lots are bounded and described as follows:

Lots 1, 2, 3,4, 5, 12, 13, 14, 15, 16, 17, 34, 35, 46, 47, 52, 53, 54, 55, 56, 57, 58, 59, 60,61, 76, 77, 86, 87, 88, 89, 90, 91, 92, 93,94.95, 96, 97, 98, 99,103, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 150, 151, 152, 153, 156, 160, 161, 162, 163, 165, 166, 167, 168, 169, 172, 173, 174, 175, 176, 177, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 218,219, 220, 221, 228, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 245, 246, 247, 248, 249, 254, 255, 262, 263, 266, 267, 281, 282, 283, 305, 306, 307, 311, 312, 313, 314, 315, 332, 333, 334, 335, 336, 340, 341, 342, 343, 344, 350, 351, 353, 358, 359, 378, 379, 382, 383, 384, 385, 395, 396, 401, 402, 403, 407, 408, 420, 425, 426, 429, 451, 452, 453, 454, 459, 465, 466, 474, 475, 478, 479, 484, 485, 486, 493, 494, 497, 498, 522, 523, 524, 525, 526, 530, 531, 535, 536, 537, 538, 547, 548, 553, 554, 558, 562, 566, 570, 571, 594, 599, 600, 606, 607, 608, 609, 610, 616, 617, 618, 619, 621, 625, 626, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 650, 651, 652, 653, 654, 662, 672, 673, 674, 676, 677, 679, 680, 681, 682, 683, 684, 685, 687, 688, 689, 690, 691, 692, 694, 695, 700, 710, 721, 728, 729, 733, 734, 744, 747, 749, 769, 770, 771, 772, 773, 774, 779, 784, 785, 788, 789, 790, 791, 792, 814, 826, 827, 828, 829, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 856, 857, 858, 859, 864, 865, 866, 869, 871, 881, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, 904, 905, 910, 911, 918, 919, 920, 929, 932, 933, 934, 935, 936, 937, 938, 939, 940, TRUE COPY ATTEST

NANCY STRIULI, CLERK KENT COUNTY SUPERIOR COURT 41443 Page 3 of 11 , ; INSTs 000'414-'43 '• Bks 1123 Pas 126

941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957,958, 959, 960,961,966,971,980,982,983, 984,985, 986,987, A,B and C.

6. Title to the property described in Paragraph 5 above and Paragraph 11 below is

hereby quieted, effective as of the Filing Date, in fee simple, in Plaintiff Smithfield Estates, LLC

against all persons and parties hereto and their heirs, executors, administrators, successors and

assigns, known and unknown, and also all other persons unknown and unascertained, claiming,

or who may claim, any right, title, estate, lien, or interest in the real estate involved, which is, or might become, adverse to Plaintiff Smithfield Estates, LLC's right, title, or interest therein as alleged or which does or may constitute any cloud upon Plaintiff Smithfield Estates, LLC's title

thereto, which cloud or clouds are hereby removed.

7. Plaintiff Smithfield Estates, LLC is hereby further declared, effective as of the

Filing Date, to be the absolute owner in fee simple of the real property described in Paragraph 5 above and Paragraph 11 below pursuant to Rhode Island General Laws § 9-30-1, et seq. free

from all liens, encumbrances and clouds thereon. 8. Fee simple title is hereby quieted, effective as of the Filing Date, in Defendants Paul Filippi, Steven Filippi and Blake Filippi (hereinafter the "Filippis") in the following lots located on Douglas Pike, Town of Smithfield, County of Providence, State of Rhode Island,

which lots are bounded and described as follows:

The following lots of land as set forth in the Plan entitled "Smithfield Estates, LLC v. The Estate of John M. Hathaway, et al., C.A. No. PC03-4157; Tea Lot Litigation - Final Judgment, prepared by Millstone Engineering, P.C. dated May 2017," a copy of which Plan is attached hereto and incorporated herein as Exhibit B: Lots 6, 7,8. 9, 10. 11, 18, 19,20,21,22,23,24,25,26,27,28,29,30, 31, 32,33, 36, 37, 38, 39,40,41,42,43,44,45,48,49, 50, 51, 62, 63, 64,65,66, 67, 68,69, 70,71,72, 73, 74, 75. 78, 79, 80, 81, 82, 83, 84, 85, 100,101,102,104, 105, 106, 107, 108, 109, 110, 113, 124, 125, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148,

NANCY STRIULI. CLERK KENT COUNTY SUPERIOR COURT 41443 Page 4 of 11 f . INSTs 0004^1-4'43 Bks 1123 Pas 127

164, 170, 171, 178, 179, 180, 181, 182, 183, 184, 185, 198, 199, 200, 202, 203, 204, 205, 206, 207, 210, 211, 212, 213, 214, 215, 216, 217, 222, 223, 224, 225, 226, 227, 229, 230, 241, 242, 243, 244, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 264, 265, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 302, 303, 304, 308, 309, 310, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 337, 338, 339, 345, 346, 347, 348, 349, 352, 354, 355, 356, 357, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 376, 377, 380, 381, 386, 387, 388, 389, 390, 391, 392, 393, 394, 397, 398, 399, 400, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 421, 422, 423, 424, 427, 428, 456, 457, 458, 460, 461, 462, 463, 464, 467, 468, 469, 470, 471, 472, 473, 476, 477, 480, 481, 482, 483, 487, 488, 489, 490, 491, 492, 495, 496, 499, 521, 527, 528, 529, 532, 533, 534, 539, 540, 541, 542, 543, 544, 545, 546, 549. 550, 551, 552, 555, 556, 557, 559, 560, 561, 563, 564, 565, 567, 568, 569, 572, 595, 596, 597, 598, 601, 602, 603, 604, 605, 611, 612, 613, 614, 615, 620, 622, 623, 624, 627, 628, 629, 641, 655, 656, 657, 658, 659, 660, 661, 663, 664, 665, 666, 667, 668, 669, 670, 671, 675, 678, 686, 693, 696, 697, 698, 699, 701, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 722, 723, 724, 725, 726, 727, 730, 731, 732, 735, 736, 737, 738, 739, 740, 741, 742, 743, 745, 746, 748, 750, 751, 752, 753, 754, 755, 756, 757, 766, 767, 768, 775, 776, 777, 778, 780, 781, 782, 783, 786, 787, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 815, 816, 817, 830, 831, 832, 833, 834, 835, 836, 851, 852, 853, 854, 855, 860, 861, 862, 863, 867, 868, 870, 872, 882, 883, 884, 885, 886, 887, 888, 902, 903, 906, 907, 908, 909, 912, 913, 914, 915, 916, 917, 921, 922, 923, 924, 925, 926, 927, 928, 930, 962, 963, 964, 965, 967,968, 969,970, 972, 973,974,975,976,977, 978, 979, and 981.

9. Title to the property described in Paragraph 8 is hereby quieted, effective as of the

Filing Date, in fee simple, in the Filippis as tenants in common and not as joint tenants against all

persons and parties hereto and their heirs, executors, administrators, successors and assigns,

known and unknown, and also all other persons unknown and unascertained, claiming, or who

may claim, any right, title, estate, lien, or interest in the real estate involved, which is, or might

become, adverse to the Filippis* right, title, or interest therein as alleged or which does or may

constitute any cloud upon the Filippis' title thereto, which cloud or clouds are hereby removed.

10. The Filippis are hereby further declared, effective as of the Filing Date, to be the

absolute owners in fee simple as tenants in common and not as Joint tenants of the real property

TRUE COPY ATTEST

4 NANCY STRIULl, CLERK KENT COUNTY SUPERIOR COURT 41443 Page 5 of 11 ; INSTS 0004-14-4-3 • • Bks 1123 Ps= 12S

described in Paragraph 8 above pursuant to Rhode Island General Laws § 9-30-1, et seq. free

from all liens, encumbrances and clouds thereon.

11. Any land, lots, or portions of lots on said Lake View Park Plat which are located

on the westerly side of Douglas Pike and which are not listed in either Paragraph 5 or Paragraph

8 of this Judgment by inadvertence, mistake or otherwise are hereby, effective as of the Filing

Date, quieted in Plaintiff Smithfield Estates, LLC and Plaintiff Smithfield Estates, LLC is hereby

declared, effective as of the Filing Date, to be the absolute owner thereof in fee simple free of all

liens, encumbrances and clouds thereon.

12. This Judgment is entered pursuant to that certain Settlement Agreement entered

into by and between Plaintiff Smithfield Estates, LLC and Defendants Paul Filippi, Steven

Filippi and Blake Filippi, and others, which Settlement Agreement is dated as of April 28,2017.

13. This Honorable Court shall have continuing jurisdiction over the parties to this

Judgment and the real property which is the subject hereof and continuing jurisdiction over said

Settlement Agreement described in Paragraph 12 above to enforce the same according to their terms by specific performance or otherwise and the parties hereby consent to said continuing jurisdiction of this Court and to the remedy of specific performance provided for herein.

TRUE COPY ATTEST

NANCY STRIULl, CLERK KENT COUNTY SUPERIOR COURT 41443 Page 6 of 11

INSTs 0004'14-4-3 B-k's 1123 Pas 12S>

ENTER: PERO

ASSENTED TO A&TO FORM AND SUBSTANCE:

Justin T.Shay,.(^27844 Brian LaPlante (1^5861) ilameron & Mittleman LLP LaPlante Sowa Goldman jikorneysfor Plaintiff, Attorneysfor Defendants, Paul Filippi, Smmfield Estates, LLC Steven Filippi and Blake Filippi "hm Promenade Street ni West Exchange Street 'rovidence, Rhode Island 02908 Providence, Rhode Island 02903 Tel. (401)331-5700 Tel. (401)273-0200 Fax (401)331-5787 Fax (401)273-0250 E-mail: jshay(§cm-law.com E-mail: blaplante(^lsglaw.com Date: August 3,2017 Date: August 3,2017

TRUE COPY ATTEST

NANCY STRIULI. CLERK KENT COUNTY SUPERIOR COURT 41443 Page 7 of 11 INSTs OOOA-±4-A-^ Bks 1123 Pas 130

CERTIFICATE OF SERVICE

I hereby certify that on the 3rd day of August, 2017, I filed and served this document through the electronic filing system on the follovwng parties. The document electronically filed and served is available for viewing and/or downloading from the Rhode Island Judiciary's Electronic Filing System:

Brian LaPlante, Esq. LaPlante Sowa Goldman 272 West Exchange Street Providence, RJ 02903 E-mail: [email protected]

John C. Rcvens, Jr., Esq. Revens, Revens,& St. Pierre 946 Centreville Road Warwick, Rhode Island 02886 Email: [email protected]

/s/ Justin T. Shav

TRUE COPY ATTEST

7 NANCY STRIULI. CLERK KENT COUNTY SUPERIOR COURT 41443 Page 8 of 11

INSTS 0004-14-4-3 Bk= 1123 Pa= 1^1

Exhibit A

TRUE COPY ATTEST

NANCY STRIULI, CLERK KENT COUNTY SUPERIOR COURT ii

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Exhibits

TRUE COPY ATTEST

NANCY STRIULI, CLERK KENT COUNTY SUPERIOR COURT 41443 Page 11 of 11 INSTs 0Q04-1-44-3

Is, ,11 in

II! i iiSI

TRUE COPY ATTEST TOUN OF StllTHFIELO Carol Aauilanbef CLERK \ Au9 21»2017 NANCY STRIULI. CLERK . KENT COUNTY SUPERIOR COURT

Narrative for Master Plan Approval and Proposed Zone Change to Planned Development -"Tea Lots" EARL GREY ESTATES

T TNTRODUCTION

This narrative is being submitted on behalf of the Petitioner, Smithfield Estates, LLC, in support of its Master Plan Submission and Petition for Zone Change and Comprehensive Plan Amendment as described below. The subject property consists of hundreds of nonconforming lots of record known as the "tea lots" along with a 3 acre parcel identified as AP 42 Lot 239. The Town recognizes the tea lots as several hundred lots on Assessor's Plat 40. The total project area comprises approximately 43 acres of land located between Douglas Pike and Ridge Road. The genesis of the tea lots was aptly described by Superior Court Justice Brian Stern in the case of Smithfield Estates, LLC v. The heirs of John M. Hathaway as follows:

The controversy before this Court is preceded by an extensive history originating at the turn ofthe Nineteenth Century with a man possessing a hefty amount oftea, a large plat ofland, and a contemplated vision. It was in 1902 that this man, tea merchant John M. Hathaway, prepared and recorded a plat of land situated primarily on the westerly side ofthe thoroughfare known as Douglas Pike in the Town of Smithfield, Rhode Island. This plat ofland, designated as "Lake View Park," consisted ofnine hundred and eighty-seven (987) small lots, the majority of which were sixty (60)feet by twenty-five (25)feet in dimension. The Lake View Park lots were deliberately divided in such a manner to enable the purchase ofthe lots to occur in conjunction with the sale of tea. Specifically, John M. Hathaway and his agents provided each tea purchaser the opportunity to procure one lot Mnthin Lake View Park per one pound of tea, in exchangefor a $2.00fee to cover the cost ofexecuting the warranty deed. Accordingly, such land parcels are referenced as "tea lots ". See Smithfield Estates vs. The heirs ofJohn Hathaway et al PC- 2003-4157, citations omitted.

Although the majority of tea lots were conveyed out by John Hathaway to third parties, the tea lots were never developed given the lack of common ownership of adjoining parcels. From the 1950's to the recent past there were a multitude of parties that claimed an interest in the tea lots and a multitude of lawsuits between the parties claiming ownership. On August 3, 2017 ownership was finally and conclusively resolved by Judgment of the Superior Court which vested title to the tea lots in Smithfield Estates, LLC and Blake, Paul and Steven Filippi. (See Exhibit 1). The Filippis have since conveyed their respective tea lots to Earl Grey Estates, LLC.

II VESTED PROPERTY RIGHTS

The tea lots are what are commonly referred to as non-conforming lots of record. While the tea lots certainly do not comply with present day zoning requirements, they enjoy vested rights meaning that they are grandfathered in and can be developed as single family house lots. Developing the property as single family house lots would involve combining tea lots for a uniform development. Attached hereto as Exhibit 2 is a conceptual subdivision plan involving a reconfiguration of tea lots resulting in 144 single family house lots.

TTT PROPOSAL FOR A PLANNED DEVELOPMENT ZONE

While recognizing its right to develop the property as single family house lots, the Petitioner is desirous of obtaining approvals for a residential condominium development to be known as Earl Grey Estates with a commercial component off Douglas Pike. The Petitioner is also cognizant ofthe tremendous impact that a single family housing development would have on Town resources especially the public school system. As such the Petitioner believes an alternative development approach would be mutually beneficial to the Town and Petitioner. Accordingly, the applicant is proposing the property be rezoned to Planned Development Zone (PD Zone) which would allow 139 condominium units along with a commercial building comprising 34,800 square feet fronting on Douglas Pike. (See Conceptual Site Development Plan provided herewith). Petitioner is proposing a total of 58 buildings with 124 two- bedroom units and 15 three bedroom units with 20 units (approximately 14.5%) being affordable housing. This proposal would have a minimal impact upon the school system and result in positive revenue flow for the Town as described below.

TV FISCAL IMPACT

Smithfield Estates has submitted a Fiscal Impact Study (PIS) prepared by Joseph D. Lombardo AICP in support of its petition for a PD zone. The PIS projects that a total of 298 people, including 15 school age children, will be residents of the condominium development. The PIS is supported by hard data demonstrating the number of school age children spread out over 1053 condominium units in the Town of Smithfield. The PIS concludes that the residential condominiums will result in a net positive revenue gain of $226,623.00 for the Town. In addition, the PIS concludes that the commercial building would generate additional net positive revenue of $87,946.00. As such the total net positive revenue to the Town is projected at $315,969.00.

V. TRAFFIC

The proposed development would be accessed via entrance on Douglas Pike at the intersection of Twin River Road. Emergency access only is shown off Ridge Road. As such there will be no negative traffic impact to the residents of Ridge Road and surrounding area. With respect to Douglas Pike, the traffic study performed by Beta Engineering estimates a minor increase in traffic during peak periods which would have a negligible effect on traffic operations. The Beta study further concludes that ''future traffic conditions resultingfrom the proposed mixed use development with the recommended mitigation, M'ill provide for adequate and safe access to a public street, and will not have a detrimental effect on public safety and welfare in the study area^\ See Beta report page 14. VT. PHYSICAL CHARAACTERISITCS OF THE PROPERTY

The property is comprised of approximately 43 acres and is located between Route 7 and Ridge Road. The property currently sits as a wooded project site sloping from south to north. Slopes range from 3 to 15% throughout the majority of the site with some isolated areas greater than 15%. The soils are fine sandy loams, stoney and well-draining, considered suitable for community development by the Soil Survey of Rhode Island. Where the site slopes toward its lowest points (i.e. in the northwest and northern comers), areas of freshwater wetland exists. These are areas that collect site run-off during storm events. Municipal drinking water is available and although there is no readily available means to connect to a municipal sewer system, the applicant continues to explore a feasible means to accomplish the same. If a viable connection cannot be obtained then the applicant will propose advanced Onsite Waste Water Treatment Systems (OWTS) in accordance with applicable Rhode Island Department of Environmental Management(RIDEM) policies and procedures.

VII. THE APPROVAL PROCESS

Smithfield Estates is availing itself of the approval process for a major land development in conjunction with the zone change process pursuant to RI General Laws §45-24-51 and Smithfield Zoning Ordinance Article 11. By doing so Petitioner is not requesting Town Council, approval of the conceptual plan submitted in conjunction with the zone change request, as the jurisdiction to approve the conceptual plan lies with the Planning Board. Rather, Smithfield Estates is requesting that the Town Council set forth parameters under which Petitioner can continue with full major land development review before the Planning Board. Petitioner is well aware that the exact layout, location of residential units and internal roadways may change based on local and state regulations as well as input from the Planning Board and Town Officials.

The Petitioner could also avail itself of the Comprehensive Permit process which would allow the petitioner to override local zoning regulations on the condition that a minimum of 25% of housing units provided be dedicated as affordable housing. Such an application typically results in very high density in order for a for-profit developer to subsidize the affordable component. In fact, the Smithfield Comprehensive Plan's table H-25 identifies the tea lots as a selected property for constmction of low and moderate income housing with density ranging from 251 to 601 units based on the percentage of affordable units. (See Exhibit 3). At this point Petitioner is not desirous of pursuing a comprehensive permit. Smithfield Estates respectfully suggests that the proposed density of 3.5 units per acre is appropriate for the site. Petitioner is also cognizant of numerous other affordable housing projects either pending or developed which result in a limited revenue stream while placing a demand on Town services. Petitioner respectfully suggests that a large scale development with a significant affordable housing component via table H-25 may not be in the best interests of the Town at this time.

CONCLUSION There has been much anticipation over the eventual fate ofthe tea lots. The proposed zone change will allow the Petitioner to continue with major land development approval process under the parameters set forth by the Town Council. The PD zone as proposed will not impose undue burden on the Town's resources especially the school system. In fact the PD zone as proposed would allow for orderly development while creating approximately $315,969.00 in net positive revenue to the Town. Furthermore, the proposal would allow for the creation of 20 affordable housing units and would result in minimal traffic impact to Ridge Road and the surrounding neighborhoods. As such, Smithfield Estates respectfully requests that the Town Council and Planning Board afford the proposal due consideration.

Smithfield Estates, LLC

Tinfothy P. Kane, Esquire 627 Putnam Pike Greenville, Rhode Island 02828 (401)949-2228

Date: April 20.2020 A

EXHIBIT 1 STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE,SC.

SMITHFIELD ESTATES,LLC, Plaintiff

V. C.A.NO. PC03-4157

THE HEIRS OF JOHN M. HATHAWAY,et al.. Defendants

FINAL JUDGMENT

This matter came to be heard before Mr. Justice Stem on the^ day of August, 2017 on

the Joint Motion of Plaintiff Smithfield Estates, LLC and Defendants Paul Filippi, Steven Filippi and Blake Filippi for Entry of Final Judgment and, after hearing thereon and consideration

thereof, it is hereby:

ORDERED,ADJUDGED AND DECREED as follows:

administrators, successors and assigns, known and unknown, and also all other persons unknown and unascertained, claiming, or who may claim, any right, title, estate, lien, or interest in the real

Town of Smithfield Land Evidence Records, a copy of which plan is attached hereto and

incorporated herein as Exhibit A (the "Lake View Park Plat"). • . TRUE:COPY ATTEST

NANCY STRIULl. CLERK KENT COUNTY SUPERIOR COURT INSTS 000^14^4-3 Bks 1123 Pss 12S

2. This Court has jurisdiction to enter this Judgment.

3. Default judgment as set forth herein is hereby entered against all Defendants named in Plaintiff Smithfield Estates, LLC's most recent Amended Complaint who have failed to plead or otherwise defend in this action.

4. The interests and claims of all known parties who otherwise have or may have an interest or claim herein who have not been defaulted or are not signatories to this Consent Judgment have been previously resolved by Plaintiff Smithfield Estates, LLC. 5. Fee simple title is hereby quieted, effective as of August 7, 2003, the date of the filing of this action (the "Filing Date"), in Plaintiff Smithfield Estates, LLC in the following lots located on Lake View Park Plat, which lots are bounded and described as follows:

Lots 1, 2, 3, 4, 5, 12, 13, 14,15,16, 17, 34, 35, 46, 47, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 76, 77, 86, 87, 88, 89, 90, 91, 92, 93,94, 95, 96, 97, 98, 99, 103, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 150, 151, 152, 153, 156, 160, 161, 162, 163, 165, 166, 167, 168, 169, 172, 173, 174, 175, 176, 177, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 218, 219, 220, 221, 228, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 245, 246, 247, 248, 249, 254, 255, 262, 263, 266, 267, 281, 282, 283, 305, 306, 307, 311, 312, 313, 314, 315, 332, 333, 334, 335, 336, 340, 341, 342, 343, 344, 350, 351, 353, 358, 359, 378, 379, 382, 383, 384, 385, 395, 396, 401, 402, 403, 407, 408, 420, 425, 426, 429, 451, 452, 453, 454, 459, 465, 466, 474, 475, 478, 479, 484, 485, 486, 493, 494, 497, 498, 522, 523, 524, 525, 526, 530, 531, 535, 536, 537, 538, 547, 548, 553, 554, 558, 562, 566, 570, 571, 594, 599, 600, 606, 607, 608, 609, 610, 616, 617, 618, 619, 621, 625, 626, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 650, 651, 652, 653, 654, 662, 672, 673, 674, 676, 677, 679, 680, 681, 682, 683, 684, 685, 687, 688, 689, 690, 691, 692, 694, 695, 700, 710, 721, 728, 729, 733, 734, 744, 747, 749, 769, 770, 771, 772, 773, 774, 779, 784, 785, 788, 789, 790, 791, 792, 814, 826, 827, 828, 829, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 856, 857, 858, 859, 864, 865, 866, 869, 871, 881, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, 904, 905, 910, 911, 918, 919, 920, 929, 932, 933, 934, 935, 936, 937, 938, 939, 940, TRUE COPY ATTEST 2 T NANCY STRIULI, CLERK KENT COUNTY SUPERIOR COURT INSTs OOCI4-14-4-3 Bk= 1123 Pa= 127

164, 170, 171, 178, 179, 180, 181, 182, 183, 184, 185, 198, 199, 200, 202, 203, 204, 205,206, 207, 210, 211, 212, 213, 214, 215, 216, 217,222, 223, 224, 225, 226, 227, 229, 230, 241, 242, 243,244, 250, 251, 252, 253,256, 257,258, 259, 260, 261, 264, 265, 268, 269, 270,271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 302, 303, 304, 308, 309, 310,316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 337, 338, 339, 345, 346, 347, 348, 349, 352, 354, 355, 356, 357, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 376, 377, 380, 381, 386, 387, 388, 389, 390, 391, 392, 393 394, 397, 398, 399, 400, 404, 405, 406, 409,410,411,412, 413,414, 415, 416 417, 418,419, 421, 422, 423, 424, 427, 428, 456, 457,458, 460,461, 462, 463 464, 467,468, 469, 470, 471, 472, 473,476, 477, 480, 481, 482,483, 487, 488 489, 490, 491, 492, 495, 496, 499, 521, 527, 528, 529, 532, 533, 534, 539, 540 541, 542, 543, 544, 545, 546, 549, 550, 551, 552, 555, 556, 557, 559, 560, 561 563, 564, 565, 567, 568, 569, 572, 595, 596, 597, 598, 601, 602,603, 604, 605 611, 612,613, 614, 615, 620, 622, 623,624, 627, 628,629, 641,655, 656, 657 658, 659,660, 661,663, 664, 665, 666,667, 668, 669,670, 671,675, 678, 686 693, 696, 697, 698, 699, 701, 711, 712, 713, 714, 715, 716, 717,718, 719, 720 722, 723, 724, 725, 726, 727, 730, 731, 732, 735, 736, 737, 738,739, 740, 741 742, 743,745, 746, 748, 750, 751, 752, 753, 754, 755, 756, 757, 766, 767, 768 775, 776, 777, 778, 780, 781, 782, 783, 786, 787, 793, 794, 795,796, 797, 798 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811,812, 813, 815 816, 817,830, 831, 832, 833, 834, 835, 836, 851, 852, 853, 854, 855, 860, 861 862, 863, 867, 868, 870, 872, 882, 883, 884, 885, 886, 887, 888,902, 903, 906 907, 908,909, 912, 913, 914, 915, 916,917, 921, 922, 923, 924,925, 926, 927 928, 930,962, 963, 964, 965, 967, 968,969, 970, 972, 973, 974, 975, 976, 977, 978, 979, and 981.

9. Title to the property described in Paragraph 8 is hereby quieted, effective as of the

Filing Date, in fee simple, in the Filippis as tenants in common and not as joint tenants against all

persons and parties hereto and their heirs, executors, administrators, successors and assigns, known and unknown, and also all other persons unknown and unascertained, claiming, or who

may claim,'any right, title, estate, lien, or interest in the real estate involved, which is, or might

become, adverse to the Filippis' right, title, or interest therein as alleged or which does or may

constitute any cloud upon the Filippis' title thereto, which cloud or clouds are hereby removed.

10. The Filippis are hereby further declared, effective as of the Filing Date, to be the

absolute owners in fee simple as tenants in common and not as joint tenants of the real property

TRUE COPY ATTEST L_

NANCY STRIULI, CLERK KENT COUNTY SUPERIOR COURT X t*l ■>-> I Bks 1123 Ps= 126

941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 966, 971, 980, 982, 983, 984, 985, 986, 987, A, B and C.

6. Title to the property described in Paragraph 5 above and Paragraph 11 below is hereby quieted, effective as of the Filing Date, in fee simple, in Plaintiff Smithfield Estates, LLC against all persons and parties hereto and their heirs, executors, administrators, successors and assigns, known and unknown, and also all other persons unknown and unascertained, claiming, or who may claim, any right, title, estate, lien, or interest in the real estate involved, which is, or might become, adverse to Plaintiff Smithfield Estates, LLC's right, title, or interest therein as alleged or which does or may constitute any cloud upon Plaintiff Smithfield Estates, LLC's title

thereto, which cloud or clouds are hereby removed.

7. Plaintiff Smithfield Estates, LLC is hereby further declared, effective as of the Filing Date, to be the absolute owner in fee simple of the real property described in Paragraph 5 above and Paragraph 11 below pursuant to Rhode Island General Laws § 9-30-1, et seq. free

which lots are bounded and described as follows:

The following lots of land as set forth in the Plan entitled "Smithfield Estates, LLC V. The Estate of John M. Hathaway, et al., C.A. No. PC03-4157; Tea Lot Litigation - Final Judgment, prepared by Millstone Engineering, P.C. dated May 2017," a copy of which Plan is attached hereto and incorporated herein as Exhibit B: Lots 6, 7, 8, 9, 10,11, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,28, 29, 30, 31, 32, 33, 36, 37, 38, 39,40,41, 42, 43,44, 45,48, 49, 50, 51, 62, 63,64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 78, 79, 80, 81, 82, 83, 84, 85,100,101,102,104, 105, 106, 107, 108, 109, 110, 113, 124, 125, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, H9^^54^1^5^,^]^^^ 159,

NANCY STRIULI. CLERK KENT COUNTY SUPERIOR COURT INST= 0004-1^^3 B.k s 1123 Ps = 12S described in Paragraph 8 above pursuant to Rhode Island General Laws § 9-30-1, et seq. free from all liens, encumbrances and clouds thereon.

11. Any land, lots, or portions of lots on said Lake View Park Plat which are located on the westerly side of Douglas Pike and which are not listed in either Paragraph 5 or Paragraph

8 of this Judgment by inadvertence, mistake or otherwise are hereby, effective as of the Filing

Date, quieted in Plaintiff Smithfield Estates, LLC and Plaintiff Smithfield Estates, LLC is hereby declared, effective as of the Filing Date, to be the absolute owner thereof in fee simple free of all liens, encumbrances and clouds thereon.

12. This Judgment is entered pursuant to that certain Settlement Agreement entered into by and between Plaintiff Smithfield Estates, LLC and Defendants Paul Filippi, Steven

Filippi and Blake Filippi, and others, which Settlement Agreement is dated as of April 28,2017.

13. This Honorable Court shall have continuing jurisdiction over the parties to this

Judgment and the real property which is the subject hereof and continuing jurisdiction over said Settlement Agreement described in Paragraph 12 above to enforce the same according to their terms by specific performance or otherwise and the parties hereby consent to said continuing jurisdiction of this Court and to the remedy of specific performance provided for herein.

TRUE COPY ATTEST

T NANCY STRIULI, CLERK KENT COUNTY SUPERIOR COURT INST= 0CI04-14-4-3 Bk s 1123 Ps = 12

ENTER: PER ORDER:

ASSENTED TO A^O FORM AND SUBSTANCE:

Justin T. Shay,.(3(||2.7.8.1-) Brian LaPlante (#5861) Cameron & Mittleman LLP LaPlante Sowa Goldman Akomeysfor Plaintiff, Attorneysfor Defendants, Paul Filippi, Simmfield Estates, LLC Steven Filippi and Blake Filippi Promenade Street 272 West Exchange Street Providence, Rhode Island 02908 Providence, Rhode Island 02903 Tel. (401)331-5700 Tel. (401)273-0200 Fax (401)331-5787 Fax (401) 273-0250 E-mail: [email protected] E-mail: [email protected] Date: August 3, 2017 Date: August 3,2017

TRUE COPY ATTEST

NANCY STRIULI, CLERK KENT COUNTY SUPERIOR COURT ThISTS OOO1.4-4- Bkt 1123 P3= 130

CERTIFICATE OF SERVICE

I hereby certify that on the 3rd day of August, 2017, I filed and served this document through the electronic filing system on the following parties. The document electronically filed and served is available for viewing and/or downloading from the Rhode Island Judiciary's Electronic Filing System:

Brian LaPlante, Esq. LaPlante Sowa Goldman 272 West Exchange Street Providence, RI 02903 E-mail: [email protected]

John C. Revens, Jr., Esq. Revens, Revens,& St. Pierre 946 Centreville Road Warwick, Rhode Island 02886 Email: [email protected]

/s/ Justin T. Shav

TRUE COPY ATTEST

NANCY STRIULI. CLERK KENT COUNTY SUPERIOR COURT TKIST2 i~i O O ■4-1 ■4--4- Bkt 1123 P3= 131

Exhibit A

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Exhibit B

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NANCY STRIULI, CLERK KENT COUNTY SUPERIOR COURT m 3

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HOUSING-90 Smithfield, Rhode Island Smithfield Estates

February, 2019 Revised July, 2019

TRAFFIC IMPACT STUDY Smithfield Estates Smithfield, Rhode Island

TRAFFIC IMPACT STUDY

Prepared by: BETA GROUP,INC.

Prepared for: Mr. Benjamin J. Caito, P.E. Millstone Engineering, P.C. 250 Centerville Road Warwick, Rhode Island 02886

February, 2019 Revised July, 2019 February 15, 2019 Revised July 15, 2019

Mr. Benjamin J. Caito, P.E. Millstone Engineering, P.C. 250 Centerville Road Warwick, Rhode Island 02886

Re: Proposed Land Development Project Smithfield Estates Douglas Pike (Route 7) Smithfield, Rhode Island

Dear Mr. Caito:

BETA Group, Inc., in accordance with our scope of services, has completed a traffic impact study for a proposed mixed-use development project in the Town of Smithfield, Rhode Island. The site is located between Douglas Pike (Route 7) and Ridge Road just north of Webster Street. The parcel is defined as Assessor’s Plat 40, with multiple lots containing approximately 43.4 acres of undeveloped and wooded land.

Based upon a review of the proposed site plan prepared by your office, it is our understanding that the development project includes construction of 76 duplex buildings for a total of 152 residential units within a new neighborhood that will extend between Douglas Pike and Ridge Road. Additionally, a three-story, 34,800 square foot commercial building for medical office use will be constructed along the frontage of Route 7. The site access is proposed at the Douglas Pike intersection with Twin River Road that will be modified to create a conventional four-way junction. Secondary access to the site for emergency vehicles only is proposed on Ridge Road across from Hunters Knoll.

The study included herein, was conducted to determine the adequacy of the existing servicing roadways to accommodate anticipated traffic to be generated by the mixed-use development project. An analysis of potential impacts to the roadway capacity and safety has been completed, and is discussed in the following report.

Very truly yours, BETA Group, Inc.

Paul J. Bannon Senior Project Manager

BETA GROUP, INC. 701 George Washington Highway, Lincoln, RI 02865 P: 401.333.2382 | F: 401.333.9225 | W: www.BETA-Inc.com Smithfield Estates Smithfield, RI

TABLE OF CONTENTS 1.0 Introduction ...... 1 2.0 Project Area ...... 3 3.0 Existing Conditions...... 3 3.1 Roadways ...... 3 3.2 Intersections...... 5 3.3 Traffic ...... 6 4.0 Safety Analysis ...... 6 5.0 Impact Analysis ...... 8 5.1 Trip Generation ...... 8 5.2 Future Traffic Volumes ...... 10 5.3 Operational Analysis ...... 11 6.0 Conclusions and Recommendations ...... 14

LIST OF APPENDICES Appendix A: Traffic Volume Data Appendix B: Traffic Crash Data Appendix C: Trip Generation Appendix D: Operational Analysis

LIST OF TABLES TABLE 1 – Trip Generation Estimate...... 10 TABLE 2 – Highway Capacity Manual Criteria ...... 11 TABLE 3 – Level of Service Summary (Existing Conditions) ...... 13 TABLE 4 – Level of Service Summary (Future Build Conditions) ...... 14

LIST OF FIGURES FIGURE 1 – Project Vicinity Map ...... 2 FIGURE 2 – Project Location Map...... 4 FIGURE 3 – Existing Traffic Volumes ...... 7 FIGURE 4 – Site Layout and Access Plan ...... 9 FIGURE 5 – Future Traffic Volumes ...... 12

i Smithfield Estates Smithfield, RI

1.0 INTRODUCTION The objective of the following study is to assess the potential traffic impacts associated with a proposed site development project in the Town of Smithfield, Rhode Island. The project is situated on a parcel of land between Route 7 to the east and Ridge Road to the west, just north of Webster Street. The subject lot contains approximately 43.4 acres of undeveloped and wooded land. The development proposal includes construction of 152 residential condominium units and a commercial building for medical office use fronting Route 7. Access/egress to the new homes and medical office will be provided through a network of residential streets forming the new neighborhood infrastructure, with the site access proposed at the Douglas Pike (Route 7) signalized intersection with Twin River Road. Refer to the Figure 1, Project Vicinity Map, on the following page for the project location within the town.

The study summarized herein focused on both traffic flow efficiency and safety of the servicing roadways including Route 7 and Ridge Road in the immediate vicinity of the subject property, including the site access road, and the intersection of Route 7 with Twin River Road. The impacts associated with the site related traffic have been defined and evaluated in accordance with standard traffic engineering guidelines and procedures.

The traffic engineering study completed for this project included the following:

• A traffic counting program to define the existing traffic patterns and operational characteristics along the servicing roadways including Douglas Pike and Ridge Road. The data collection included automated traffic recorded (ATR) counts on Route 7 and Ridge Road, and manual turning movement counts (TMC) at the intersections of Douglas Pike with Twin River Road and Ridge Road with Hunters Knoll.

• A review of accident records obtained from the Smithfield Police Department to determine if there are any safety concerns relative to the frequency, severity or pattern of crashes in the project area.

• An inventory of the physical characteristics of the servicing roadways to determine the adequacy of the existing roadway geometric features in reference to safety and operations.

• An estimate of future traffic volumes for the proposed mixed-use development was calculated using data from the “Trip Generation” Manual, an informational report published by the Institute of Transportation Engineers (ITE).

• Evaluation and analysis of existing and future traffic safety and operational conditions to define potential project impacts.

• Development of recommendations for improvements where necessary that would be required to maintain safe and efficient traffic conditions in the project area.

1 E W N S mtfedEstates Smithfield MTFED HD ISLAND RHODE SMITHFIELD, iue1-PoetVcnt Map Vicinity Project - 1 Figure Location Project hopkinton burrillville foster coventry M LOCATION TOWN

glocester A Location

S richmond Project

S scituate

A greenwich

C west

H exeter smithfield

smithfield U johnston north

S warwick greenwich

E west east socket

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T OU MAP LOCUS cranston

S kingstown OSCALE NO north prov. lincoln north cumberland warwick

ga prov. nsett jamestown pawt. prov. east barring Smithfield Estates Smithfield, RI

2.0 PROJECT AREA As noted in the previous section, the subject property is situated in the southeast corner of the Town of Smithfield in the vicinity of Twin River Road intersection with Route 7. The subject parcel contains approximately 43.4 acres of undeveloped and wooded land. A residential condominium neighborhood and a commercial building for medical office use along the frontage of Route 7 are proposed to be constructed on the property. Figure 2 on the following page depicts the general project area, and the approximate boundary lines of the subject property.

Land use in the immediate area can be defined as predominantly commercial in nature along Douglas Pike to the east and residential along Ridge Road to the west. In the immediate area surrounding the property is wooded land to the north, commercial properties including Millennium Swim Systems Inc. to the south, Douglas Lumber Kitchens & Home Center across Route 7 to the east, and residential lots across Ridge Road to the west in the Hunters Knoll subdivision.

Further north along Route 7 in the vicinity of Interstate 295, properties contain small to large scale commercial properties including corporate offices, hotels, commercial plazas, banks, and restaurants. Properties along Ridge Road Road are predominantly residential in nature with very few commercial properties primarily to the south. In addition, just south of the site heading into North Providence are high density residential apartment complexes and single family neighborhoods off of intersecting side streets. To the east along Twin River Road are primarily residential homes though the Twin River Casino and Hotel is located further east near the limited access facility of Route 146.

Douglas Pike will serve as the primary access route to the proposed mixed-use development, with the new network of residential streets providing immediate local access to the homes. Based upon the volume of traffic serviced along these sections of Douglas Pike, and the mixed-use use proposed, a study impact area was defined for the project. The limits of our analysis focused on the signalized intersection of Douglas Pike with Twin River Road/Site Driveway.

3.0 EXISTING CONDITIONS

3.1 ROADWAYS

DOUGLAS PIKE (ROUTE 7) Route 7 is a north/south urban principal arterial between Route 102 in Burrillville to the north to Orms Street in Providence to the south. The roadway provides immediate local access to abutting properties but also links to higher order facilities including Interstate 295 to the north and Route 146 to the east via Twin River Road.

Smithfield Estates Smithfield, RI

In the project area, the roadway is generally thirty feet wide consisting of a 12-foot travel lane and 3-foot shoulder in each direction delineated by a double yellow centerline and white shoulder markings. Bituminous concrete berm is provided sporadically along both sides of the road; though a small section on the easterly side along the commercial property frontage have concrete curb. There are no sidewalks along this section of Route 7. The pavement can be classified as being in fair condition with visible crack sealing. The posted speed limit was determined to be 35 mph. Cobra head lighting is provided sporadically on utility poles for night-time visibility along the roadway. The adjacent photograph depicts a section of Route 7 looking north in the vicinity of the site.

3.2 INTERSECTIONS

DOUGLAS PIKE (ROUTE 7) AT TWIN RIVER ROAD Twin River Road intersects Route 7 to form a 3-Way, signalized “T”-type intersection. The Route 7 northbound approach provides for a thru lane and large radii channelized right turn with yield control turning onto Twin River Road. The Route 7 southbound approach provides for a separate left turn lane and a thru lane. The Twin River Road westbound approach consists of separate left and right turn lanes with a grassed median separating the westbound and eastbound directions of traffic. Slope faced granite curbing is provided along the Twin River Road westbound approach to the intersection that defines the grassed median areas.

The traffic signal system appears to have been constructed in the 1990’s and is in fair condition. The equipment layout consists of mast arm mounted traffic signal heads with in-road vehicle loop detection. The controller is mounted on the mast arm pole. In addition, there are no pedestrian accommodations present at the intersection. The intersection was determined to operate in a fully actuated mode consisting of three phases. Route 7 movements are serviced in two phases including an advanced protected southbound left, followed by through/right concurrent movements. The Twin River Road westbound approach is serviced under a single permitted phase. The above photograph depicts the typical characteristics of the intersection looking south along Route 7.

5 Smithfield Estates Smithfield, RI

3.3 TRAFFIC

Existing travel demand characteristics for the servicing roadways were developed from a traffic counting program completed by BETA including Automatic Traffic Recorder (ATR) counts and a manual Turning Movement Count (TMC). The ATR’s were conducted on Route 7, just north of the subject property. Based upon the ATR data obtained, Route 7 in the project area was found to service an Average Daily Traffic (ADT) volume of approximately 13,500 vehicles during the weekday. On a typical weekday along Route 7, traffic volumes begin to increase at 6:00 AM, with the morning commuter peak hour occurring between 7:00 and 8:00 AM. During this hour, an average of approximately 1,000 vehicles was recorded. After 9:00 AM, volumes decrease to between 600 and 800 vehicles per hour until the late afternoon peak of 1,200 vehicles serviced between 5:00 and 6:00 PM.

In addition to the ATR, manual turning movement counts were conducted at the Route 7 intersection with Twin River Road in January, 2019. Data was collected during the peak weekday morning period between 7:00 and 9:00 AM, and during the afternoon period between 4:00 and 6:00 PM. Complete count information can be found in the Appendix. Based upon review of the TMC data, Route 7 was found to service approximately 1,120 vehicles during the weekday morning peak hour with approximately 520 vehicles northbound and 600 vehicles southbound. During the same time period, Twin River Road serviced 790 vehicles with approximately 450 vehicles eastbound and 340 vehicles westbound.

During the weekday afternoon peak hour, Route 7 serviced 1,285 vehicles with approximately 530 vehicles northbound and 755 vehicles southbound. During the same time period, Twin River Road serviced 945 vehicles with approximately 420 vehicles eastbound and 525 vehicles westbound. The results of the TMC data collection effort determined that the peak hours typically occur from 7:00 to 8:00 AM and 5:00 to 6:00 PM. Figure 3 on the following page depicts the daily peak hour turning movement volumes at the study intersection.

4.0 SAFETY ANALYSIS To determine if there are any limiting factors affecting safety relating to access to the proposed mixed-use project, the physical characteristics of Route 7 in the project area, and specifically at the site access road location was investigated. These limiting factors would potentially include horizontal or vertical alignment changes or roadside obstructions that limit sight distances for vehicles traveling along the road, or entering the road from a side street or driveway location. In this instance, the sight distance standard is necessary to permit turning vehicles to safely enter and exit the site access roads.

The horizontal alignment of Route 7 in the immediate project area can be described as generally straight with a gradual curve in the vicinity of Webster Street, just south of the site. The vertical alignment can be described as generally level with a minor crest vertical curve at the intersection with Twin River Road. The physical roadway features of Route 7 as described provide sight distances in excess of 500 feet to the north and south of the site access road.

Smithfield Estates Smithfield, RI

These values are greater than the 200-foot minimum stopping sight distance required according to AASHTO design standards for the speed limit of 30 mph, and 425 feet based on the observed travel speeds of vehicles between 45 and 50 mph. It should be noted that speeds are highly variable due to the controlled Twin River Road junction, where vehicles are turning off of or onto Route 7 at a low speed, or slowing to the stop line at the traffic signal.

As a result of the preliminary evaluation of the existing roadway geometry and physical features, it does not appear that any significant physical roadway safety deficiencies exist within the defined study area. Also, as part of our analysis, accident data was obtained from the Smithfield Police Department for the latest three- year period from January, 2016 to December, 2018 to determine if the intersection of Route 7 with Twin River Road experienced a high frequency or pattern of accidents.

A total of 15 crashes (avg. 5 per year) occurred at the intersection of Route 7 with Twin River Road over the three-year study period, with four involving injuries. Summarizing the data, nine of the accidents were rear-end crashes, four were angle crashes, one was a sideswipe collision (same direction), and one was a collision with an object. This is typical of signalized junctions where the majority of the crashes are rear-end due to the numerous starting and stopping movements required for the signal change intervals. The majority of the angle crashes at intersection were attributed to drivers not yielding the right-of-way and one was attributed to red-light running.

Based upon the historical accident data obtained from the local police, and a review of existing roadway geometry and operations, roadway or traffic related safety improvements could be investigated to improve safety at the signalized intersection. The RIDOT could review the clearance intervals at the signalized junction of Route 7 with Twin River Road to determine if they require adjustment in an effort to reduce the number of rear-end collisions. A summary of the accident data depicting the number, type, and severity is provided in the Appendix.

5.0 IMPACT ANALYSIS

5.1 TRIP GENERATION

To determine the traffic impact of a proposed development, estimates of anticipated traffic to be generated by a particular land use must be calculated. As previously discussed, the mixed-use development proposal includes construction of 152 residential duplex condominium units and a three-story 34,800 square foot commercial building for medical office use on an undeveloped 43.4 acre lot between Route 7 and Ridge Road. Access and egress to the homes will be provided via a network of streets within the neighborhood with access to the signalized intersection of Route 7 with Twin River Road. Figure 4 on the following page depicts the site layout and access plan prepared by Millstone Engineering, P.C.

Smithfield Estates Smithfield, RI

For this site, projected traffic volumes for the mixed-use project were based on use of trip generation factors. These factors are taken from the “Trip Generation” manual, an informational report published by the Institute of Transportation Engineers (ITE), a national professional organization for traffic and transportation engineers. The data provided in the ITE report are based on extensive traffic studies for various types of land uses (residential, commercial, industrial, etc.). This data has been found to be very reliable and provides a sound basis for estimating future trips to new developments.

For the proposed mixed-use development project, Land Use Code 230 Residential Condominium/Townhouse and Land Use Code 720 Medical-Dental Office Building were reviewed for applicability in developing an estimate of site related vehicle trips. The appropriate worksheets from the manual are included in the Appendix along with the trip estimate calculations. Table 1 on Page 12 summarizes the estimated peak hour trip volumes calculated for the Smithfield Estates project.

TABLE 1 – Trip Generation Estimate

Description Enter Exit Total

AM Peak Hour ITE Land Use Code 230 Residential Condominium/Townhouse 11 56 67 ITE Land Use Code 720 Medical-Dental Office Building 75 22 97 Total 86 78 164

PM Peak Hour ITE Land Use Code 230 Residential Condominium/Townhouse 53 27 80 ITE Land Use Code 720 Medical-Dental Office Building 33 88 121 Total 86 115 201

5.2 FUTURE TRAFFIC VOLUMES

In order to properly assess the impacts of a development, future traffic conditions of area roadways should be estimated for the period when the development is constructed and fully occupied. Typically, the expansion of base traffic is calculated when a project is to be constructed over an extended period (3 to 5 years). In all instances, area growth that may affect capacity results should be considered. For this project, a conservative annual growth rate of 1.0 percent was utilized for the future background traffic growth. This rate was applied to the existing volumes to establish a future 2024 Build traffic condition on the servicing roadways. The future 2024 Build condition included traffic generated by the new mixed-use project.

In developing the intersection volumes to be analyzed under build conditions, a directional distribution of the site traffic was estimated. The distribution was based on current traffic patterns in the area determined through our traffic counting program. It is estimated that 40% will arrive from and depart to the north, 35% will arrive from and depart to the south, and 25% will arrive from and depart to the east

10 Smithfield Estates Smithfield, RI

during both the AM and PM peak hours. Figure 5 on the following pages depict the future build traffic condition during the AM and PM peak hours studied for this project. Site distribution figures are provided for reference in the Appendix.

5.3 OPERATIONAL ANALYSIS

The key to any traffic impact analysis is the evaluation of roadway operations during peak traffic periods on the servicing roadway system. This situation would occur when the site-generated traffic, combined with the traffic volumes on the main roadway, result in the highest one-hour volume serviced along a roadway segment, or through an intersection. Review of the record traffic data found that the weekday AM and PM peak hours would represent this worst-case combination of site-generated traffic with the servicing roadway peak traffic period.

The 2010 Highway Capacity Manual methodology provides the most accurate means of evaluating traffic capacity and delays for roadways and intersections. The results of this procedure are expressed in terms of Level of Service (LOS). Level of Service is a qualitative measure of traffic flow efficiency based on anticipated vehicle delays. For example, LOS “A” represents the best condition with little or no delay, while LOS “F” indicates that the roadway/intersection is at full capacity resulting in extended vehicle delays and potential queuing. Table 2 on Page 17 outlines the Level of Service delay criteria presented in the Highway Capacity Manual for signalized and unsignalized intersections.

TABLE 2 – Highway Capacity Manual Criteria

Unsignalized Delay Signalized Delay Level of Service Per Vehicle (sec) Per Vehicle (sec)

A <10 <10 B >10 and <15 >10 and <20 C >15 and <25 >20 and <35 D >25 and <35 >35 and <55 E >35 and <50 >55 and <80 F >50 >80

The intersection of Route 7 with Twin River Road, and with the new site access road were analyzed for the weekday morning and afternoon peak hour, which would represent the periods of greatest impact of site related traffic. The capacity analysis worksheets are included in the Appendix and Tables 3 and 4 summarize the results of the analyses.

Smithfield Estates Smithfield, RI

Table 3 on the following page depicts the current operating conditions at the study intersection. As can be seen in the table, the signalized intersection of Route 7 with Twin River Road operates in an efficient manner at overall LOS B during both the morning and afternoon peak periods. All critical movements operate at LOS C or better, with no movement experiencing excessive delays or queueing.

TABLE 3 – Level of Service Summary (Existing Conditions)

EXISTING CONDITIONS AM Peak Hour PM Peak Hour

th th Location / Movement 95 % 95 % Queue Queue LOS Delay v/c LOS Delay v/c Length Length (veh.) (veh.) Douglas Pike(Route 7) at Twin River Road (S) Route 7 NB C 29.2 15 0.86 C 21.5 8 0.72 Route 7 SB Left B 16.4 5 0.63 B 12.0 3 0.59 Route 7 SB Thru A 6.3 5 0.34 A 8.3 6 0.46 Twin River Road WB Left C 25.4 4 0.53 C 26.2 6 0.64 Twin River Road WB Right A 6.4 2 0.38 A 5.8 2 0.46 OVERALL B 18.8 - - B 14.5 - -

(S) – Signalized (U) – Unsignalized

Table 4 on the following page presents the future build conditions at the study intersection where the analysis found that the estimated increase in traffic during the peak periods resulting from the proposed mixed-use development project combined with the base traffic growth along the servicing roadways will have no discernable impact on overall traffic operations along Route 7, specifically at the defined study intersection reviewed for this project. The signalized intersection of Route 7 with Twin River Road, which will be modified to form a four-way junction with the site access road, will operate overall at LOS C or better for the future build traffic conditions during the weekday peak periods. The minor additional traffic on the approaches will have no discernable effect of the traffic flow through the study junctions, which will continue to operate overall in a safe and efficient manner. A conceptual design of the intersection of Route 7 with Twin River Road to accommodate the proposed site access road to form a four-way junction is provided in the Appendix.

Smithfield Estates Smithfield, RI

TABLE 4 – Level of Service Summary (Future Build Conditions)

2024 FUTURE BUILD CONDITIONS AM Peak Hour PM Peak Hour

th th Location / Movement 95 % 95 % Queue Queue LOS Delay v/c LOS Delay v/c Length Length (veh.) (veh.) Douglas Pike(Route 7) at Twin River Road (S) Route 7 NB Left A 7.6 1 0.06 A 8.5 1 0.09 Route 7 NB Thru C 34.0 18 0.88 C 27.0 10 0.76 Route 7 SB Left C 32.7 8 0.80 C 24.5 6 0.75 Route 7 SB Thru/Right B 14.2 10 0.45 B 19.6 13 0.65 Twin River Road WB C 31.4 7 0.60 C 31.9 11 0.69 Left/Thru Twin River Road WB Right A 5.5 2 0.32 A 4.7 2 0.39 Site Access EB Left/Thru C 22.0 2 0.15 B 19.3 3 0.17 Site Access EB Right A 0.2 1 0.05 A 0.2 1 0.06 OVERALL C 24.7 - - C 21.1 - -

(S) – Signalized (U) – Unsignalized

6.0 CONCLUSIONS AND RECOMMENDATIONS In summary, the study has shown that the proposed mixed-use development project access and circulation plan has been designed to provide a level of traffic safety and efficiency on the servicing roadway system. The safety of the servicing roadways and specifically the study intersection were also reviewed for geometry and sight distances. The intersection reviewed was determined to provide sufficient sight distances in accordance with AASHTO criteria for visibility and decision making of drivers attempting to enter/exit main street traffic from a side street or driveway location.

The results of the operational analysis determined that the estimated minor increase in traffic during the peak periods resulting from the proposed mixed-use project will have a negligible effect on overall traffic operations along the servicing roadways, particularly during the daily morning and afternoon peak hours when the new mixed-use development would generate its highest daily traffic volumes.

Therefore, based upon the data collected on the servicing roadways, the analysis completed as part of this study, it can be concluded that the future traffic conditions resulting from the proposed mixed-use development with the recommended mitigation, will provide for adequate and safe access to a public street, and will not have a detrimental effect on public safety and welfare in the study area.

14 REAL ESTATE SURVEY FOR RIIDGE ROAD & DOUGLAS PIKE (ASSESSOR’S PLAT 42, LOT 139 AND ASSESSOR’S PLAT 40 “TEA LOTS”) SMITHFIELD, RHODE ISLAND

Presented to: Town of Smithfield Planning Board Albert S. Gizzarelli, Jr., Chairman

Michael Pinelli John W. Steere, Jr. Curtis Ruccolo Richard Colavecchio Michael C. Moan

For: Mr. Timothy F. Kane, Esq. 627 Putnam Pike Greenville R.I. 02828

By: Thomas O. Sweeney, SIOR SWEENEY REAL ESTATE & APPRAISAL 1 Turks Head Place, Suite 850 Providence, Rhode Island 02903

Property Type: Residential multifamily

Date: July 27, 2020

Mr. Chairman and Members of the Planning Board:

At the request of Timothy F. Kane, Esq., I have inspected the real estate located on between Ridge Road and Douglas Pike (RI Route 7, otherwise designated as

Assessor's Lot 139 on Plat 42 and those lots known as the “Tea Lots” on Plat 40 of the

Tax Assessor’s Plats of the Town of Smithfield, State of Rhode Island. In addition to my

inspection, I have reviewed the surrounding property. The purpose of my inspection and

review was to determine the effect, if any, the granting of the petitioner’s request to the

Town Council to change the zoning on the parcels from R-Med Zone and Commercial

Zone to Planned Development Zone in order to allow the applicant to develop the

property with 139 residential units (comprising of 58 buildings with 124 two bedroom

units and 15 three-bedroom units) and a 34,800± square foot commercial building.

The subject property is located on between Ridge Road and Douglas Pike in the

southeast corner of the town of Smithfield, just north of the townline with North

Providence. Douglas Pike is a secondary corridor, which runs north south from the North

Providence line through the Town to the North Smithfiedl townline. Uses along Douglas

Pike are a mix of office, service and retail uses with some residential and undeveloped

properties interspersed. The property to the immediate south of the property is a nursing

home. Ridge Road is a two lane residential street and uses along it and to the north and

west of the subject are predominantly single family residential.

REAL ESTATE SURVEY

TOWER HILL ROAD, NORTH KINGSTOWN, RHODE ISLAND

The subject property consist of a 43± acre parcel of land fronting on Ridge Road

and Douglas Pike. The property is currently vacant and unimproved. There are areas of

wetlands in the northeast and northwest corners of the property. The applicant is

proposing the Zone change in order to develop the property with 139 residential units

(comprising of 58 buildings with 124 two bedroom units and 15 three-bedroom units) and

a 34,800± square foot commercial building. The residential units will be developed in

duplexes and triplexes. (See attached site plan) Plans call for access to the property to

limited solely to an entrance on Douglas Pike, align with Twin River Road.

After completing my inspection and review, that the proposed changes will not

adversely impact the surrounding area, as the proposed use is an appropriate use of the

property. The applicant is proposing a high end development which will provide

necessary housing to the town. The density proposed is consistent with other projects

throughout the Town. The proposed change in Zone will allow for an orderly development of the property and will not have any negative impact on the use, enjoyment or diminish the value of the surrounding properties.

Respectfully submitted, SWEENEY REAL ESTATE APPRAISAL

Thomas O. Sweeney, SIOR

REAL ESTATE SURVEY

SITE PLAN REAL ESTATE SURVEY

GOOGLE MAP

QUALIFICATIONS OF THOMAS O. SWEENEY, SIOR REALTOR AND APPRAISAL SPECIALIST

Engaged in Real Estate business since 1983: Principal, SWEENEY REAL ESTATE & APPRAISAL Vice President, RODMAN REAL ESTATE Executive Vice President, HENRY W. COOKE CO. (1983 - 1996)

Certified General Real Estate Appraiser: Rhode Island Certification No. CGA.0A00217

Licensed Real Estate Broker: Rhode Island Real Estate Broker's License Number B13444 Commonwealth of Massachusetts Real Estate Broker's License # 137525

Attended: Providence College with a Bachelor of Arts Degree in Political Science.

Successfully completed the following courses and examinations: Society of Real Estate Appraisers: Course 101: Introduction to Appraising Real Property Course 102: Applied Property Valuation Course 201: Principles of Income Property Appraising Course 202: Applied Income Property Valuation Seminar: Narrative Report Seminar Seminar: How to Appraise Apartments Seminar: Overview of Income Capitalization American Institute of Real Estate Appraisers: Course 1A1: Real Estate Appraisal Principles Course 1A2: Basic Valuation Procedures Appraisal Institute Standards of Professional Practice, Parts A & B Seminar: Feasibility Analysis & Highest and Best Use Analysis

Guest Instructor: University of Rhode Island Extension Division "Real Estate Fundamentals" "Real Estate Finance"

QUALIFICATIONS OF THOMAS O. SWEENEY, SIOR REALTOR AND APPRAISAL SPECIALIST

Qualified Expert Witness: City of Providence, Zoning Board of Review City of Cranston, Zoning Board of Review City of Warwick, Zoning Board of Review City of Pawtucket, Zoning Board of Review City of Woonsocket, Zoning Board of Review City of Newport, Zoning Board of Review Town of North Providence, Zoning Board of Review Town of Coventry, Zoning Board of Review Town of Smithfield, Zoning Board of Review Town of North Smithfield, Zoning Board of Review Town of Johnston, Zoning Board of Review Town of Barrington, Zoning Board of Review Town of Scituate, Zoning Board of Review Qualified as a Real Estate Expert to Testify in Superior Court & Family Court, State of Rhode Island Qualified as a Real Estate Expert to Testify in Federal Bankruptcy Court, Federal District Court.

Appraisals for Attorneys, Business and Homeowners

Clients include: United States Small Business Administration State of Rhode Island Department of Transportation, Real Estate Division Department of Administration, Division of Municipal Affairs Department of Environmental Management City of Providence Water Supply Board Department of Planning and Development Department of Public Property Solid Waste Management Corporation Narragansett Bay Commission Providence Redevelopment Agency Federal Nation Mortgage Association

QUALIFICATIONS OF THOMAS O. SWEENEY, SIOR REALTOR AND APPRAISAL SPECIALIST

Clients, continued:

Bank of America Citizens Bank Bank RI Washington Trust Freedom National Bank GTECH Corporation Merrill Lynch Relocation Edwards, Angell, Palmer & Dodge DarrowEverett LLP Hinckley, Allen & Synder Adler, Pollock and Sheehan Partridge, Snow and Hahn Nixon – Peabody Peabody and Arnold Moses, Afonso McOsker, Davignon and Waldman Lehigh - Portland Cement Co. Tyco Corporation Kaiser Aluminum Benny’s Stores PJ Fox Paper Co. CFS Air Cargo Christmas Tree Shops McLaughlin Automotive Ferland Corp. Tenneco Gas The Narragansett Electric Company Robinson & Cole LLP

FISCAL IMPACT STUDY

PROPOSED RESIDENTIAL DEVELOPMENT Earl Grey Estates

TOWN OF SMITHFIELD, RI

FOR:

SMITHFIELD ESTATES, LLC

PREPARED BY: JDL ENTERPRISES - JOSEPH D. LOMBARDO, AICP

APRIL 2020 INTRODUCTION ~

This Fiscal Impact Study (FIS) has been prepared to supplement a Petition for a Zone Change for a Planned Development Zone (PD Zone). Smithfield Estates is proposed as a 139-unit Residential Development with 20 Low /Moderate Income Housing (LMI) units located on land off of Douglas Pike and Ridge Road in Smithfield, Rhode Island. The proposal also calls for a 34,800 square foot commercial building fronting on Douglas Pike which is the subject of a separate fiscal impact study being submitted herewith. The subject parcel is AP 40, and hundreds of non-conforming lots – generally known as Tea Lots along with AP 42 Lot 139. The FIS will use the per capita multiplier method for estimating anticipated public revenues and expenses associated with the proposed development. The per capita multiplier is a generally accepted planning method to complete this study for review by the Town of Smithfield. The FIS will attempt to estimate both future revenues and expenses utilizing past and present statistics and financial data from a variety of sources, to be noted.

SUMMARY ~

The Town of Smithfield will realize total estimated Revenues of $857,182 from Property Taxes on an annual basis with the proposed development. By subtracting the total expense estimate of $630,559 from the total anticipated revenue of $857,182 , the Town of Smithfield will actually realize a Net Revenue Gain of $226,623 with regard to expenses and revenues on an annual basis with the full development of the project.

Thus, Grand Total of Net Revenue to the Town of Smithfield from this development project is estimated at: $226,623.

In addition, the Town of Smithfield will gain 20 Low and Moderate Income housing units towards their goal of 10%.

Development Project – Smithfield, RI 2 Fiscal Impact Study - by JDL ENTERPRISES April 2020 BASELINE INFORMATION ~

In order to begin the FIS, baseline information needs to be presented, including; population, housing units, Town budget numbers, and school age children. The following table presents this information, and will establish per capita multipliers for Smithfield, and this particular development proposal at Tea Lots.

TABLE # 1: PER CAPITA MULTIPLIERS - BASE YEAR OF 2019- TOWN OF SMITHFIELD

PUBLIC MUNICIPAL SCHOOL HOUSING POPULATION SCHOOL BUDGET BUDGET UNITS (2010 Census) PUPILS (2010 Census) TOTAL 2,382 $32,854,810* $38,472,773* 7,532 21,430 PER N/A $1,533* N/A 2.84 N/A HOUSEHOLD PER PUPIL N/A N/A $16,151 0.32 0.11

NOTES: * Source: Town of Smithfield Town Budget: FY 2020 Budget Pupils: RI Department of Education as of October 1, 2019 School Budget is Town contribution only and does not include the $6,316,496 in RI State Aid contribution towards the school budget & does not include debt service & capital projects US Census Data - 2010

Therefore, in summary, the Per Capita Multipliers for Smithfield are:

 Municipal Budget per capita ...... $1,533  Revised Municipal Budget per capita ……………………………………....$1,303  School Budget per capita ...... $16,151  Population Multiplier per household ...... 2.84  School age multiplier per household ...... 0.32

Revised Municipal Multiplier @85% due to private services provided by the development and typical projected expenses will not occur as this site development is maintained by a private developer/owner versus typical residential development that has town roadways and public works related expenses on site.

Development Project – Smithfield, RI 3 Fiscal Impact Study - by JDL ENTERPRISES April 2020 DEVELOPMENT ESTIMATES ~

Based on the per capita multipliers presented above, Table 2 presents the anticipated population projections for this Residential Development:

TABLE # 2: POPULATION PROJECTIONS - PROPOSED DEVELOPMENT - 2019 TOWN OF SMITHFIELD

PER UNIT # OF UNITS TOTALS POPULATION - 2 BDR 2.07* 124 256

POPULATION - 3 BDR 2.84 15 42 TOTALS 298 * The per capita population estimates of 2.07 for the 2-bedroom units reflect national, regional and local residential housing data, particularly as illustrated in Appendix F, and as described below. For the 3-bedroom units, the Town’s average of 2.84 will be used for projections.

In order to determine the school age children that may result from a development such as proposed, normally it can be expected to mirror the national, regional and more closely, local state averages of 0.05 students per household, or 5 students per 100 households. To verify the number of school age children that may result from a development such as proposed, numerous studies over the past 10-12 years have shown this to be an average rate of school-age children.

Similar ratios have been determined to exist in several other Apartment & Condominium developments around the state and nearby Connecticut (Refer to Appendix C), notably Greenwich Place and River Farm in West Warwick (Refer to Appendix B & D). With regard to apartment complexes, at Cumberland Crossing, a 258-unit two-bedroom style apartment complex, there were only 14 school age children residing at that location in Cumberland in 2006. (See Appendix A & E for additional information on apartment complexes).

Development Project – Smithfield, RI 4 Fiscal Impact Study - by JDL ENTERPRISES April 2020

Appendix F is a recent compilation of the existing Apartment & Condominium developments in Smithfield, RI which also indicates similar ratios for school age children in that community. Thus, to estimate the school age children that may result from the proposed residential development as proposed, it can be expected to mirror 0.07 students per household or 7 students per 100 households that have been determined to exist Smithfield.

Thus, at 0.07 students per household, eight (8) students would be expected from the majority of 2-bedroom units (124) residential development proposed within the development. That is primarily due to the proposed design of two (2) bedroom units that typically do not attract or retain families with children as potential residents. For the 3-bedroom units, fifteen (15) total, it is estimated to be an additional seven (7) students, for a total of fifteen (15) school children residing at the development.

A total of 298 people (including the 15 school age children) will be projected to be residents. Review of Conclusions from the Addendum will substantiate the projected number of school age children from the multi-family residential development. The projected 15 school-age children will be spread between the Town’s elementary, middle and high school, approximately 5 in each.

Development Project – Smithfield, RI 5 Fiscal Impact Study - by JDL ENTERPRISES April 2020

TEA LOTS REVENUE ESTIMATES ~

Based on the projections presented above in Tables 1 & 2, Table 3 presents the projected total municipal revenue for the Residential Development: TABLE # 3: TOTAL PROJECT REVENUE PROJECTIONS - RESIDENTIAL DEVELOPMENT – BASE YEAR OF 2019 TOWN OF SMITHFIELD

TOTAL ASSESSED TAX TOTAL * UNITS REVENUE VALUE * RATE REVENUE PER UNIT RESIDENTIAL $16.81/ MULTIFAMILY $375,000 106 $6,303 $668,118 TWO BED UNITS (Ave) $1000 MARKET RATE RESIDENTIAL MULTIFAMILY $305,086 $16.81/ TWO BED UNITS 18 $5,128 $92,304 $1000 LOW/MOD @120% AMI RESIDENTIAL MULTIFAMILY $16.81/ $390,000 13 $6,556 $85,228 THREE BED $1000 UNITS RESIDENTIAL MULTIFAMILY THREE BED $16.81/ $343,012 2 $5,766 $11,532 UNITS $1000 LOW/MOD @120% AMI

TOTALS 139 $857,182

+ Per Smithfield Estates, LLC – Tea Lots * Per Town of Smithfield Tax Assessor’s Office – Residential rate @100%

Total gross revenue from the proposed residential development is: $857,182.

Development Project – Smithfield, RI 6 Fiscal Impact Study - by JDL ENTERPRISES April 2020 ADDITIONAL REVENUE ~

There will be one-time fee revenue collected for Building Permits, Water and Sewer connections, and Site Plan Review that will accrue to the community for the building and construction of the project.

EXPENSES ESTIMATES ~

Based on the per capita multipliers and population and school age children projections presented above, Table 4 presents the projected total municipal expenses for the Development:

TABLE # 4: TOTAL PROJECT EXPENSES PROJECTIONS – TOWN OF SMITHFIELD - 2019

SCHOOL MUNICIPAL HOUSING POPULATION BUDGET PUPILS UNITS TOTAL 15 N/A 139 298

PER CAPITA N/A $1,303* Varies N/A PER PUPIL $16,151+ N/A --- N/A TOTAL $242,265 $388,294 N/A N/A EXPENSES *Revised Municipal Multiplier @85% due to private services provided by the development + School Multiplier reflects Town contribution only and does not include the $6,316,496 in RI State Aid contribution towards the total school budget.

Therefore, the actual cost to the Town for school and municipal expenses for the proposed residential project is $630,559.

The municipal expenses highlighted above in Table 4 are conservative as some of that projected expense will not occur as this site development is maintained by a private developer/owner versus typical residential development that has town roadways and public works related expenses on site.

Development Project – Smithfield, RI 7 Fiscal Impact Study - by JDL ENTERPRISES April 2020 ANTICIPATED REVENUE AND EXPENSE COMPARISON~

Based on information and statistics presented above in Tables 1-4, Table 5 presents a comparison of the projected total municipal revenue with total projected expenses, as anticipated:

TABLE # 5: REVENUE AND EXPENSE COMPARISON – BASE YEAR OF 2019 TOWN OF SMITHFIELD

TOTAL TOTAL TOTAL TOTAL NET MUNICIPAL SCHOOL COSTS ESTIMATED RESULTS COSTS COSTS REVENUE TOTAL $388,294 $242,265 $630,559 $857,182 $226,623 PROJECT (15 students)

SUMMARY ~

Thus, Grand Total of Net Revenue to the Town of Smithfield from this development project is estimated at: $226,623.

In addition, the Town of Smithfield will gain 20 Low and Moderate Income housing units towards their goal of 10%.

8 ADDENDUM – CONCLUSIONS RE: MULTIFAMILY HOUSING & SCHOOL AGE CHILDREN

In order to determine and substantiate the number of school age children that may result from a residential development of apartments or Apartment & Hotels, normally it can be expected to mirror the national, regional and more closely, local state averages. Empirical data collected over the past 10 years primarily in Rhode Island and a lesser degree from Connecticut, a ratio of 0.05 students per household, or 5 students per 100 households has been verified numerous times. To verify the number of school age children that may result from any such development that is to be newly constructed, in densities exceeding 50 units, contain one- and two-bedroom units, the selection of the developments to study over the years of research of similar type developments is key.

Usually this involves and inquiry to the local School Department or bus company to quantify the number of students residing in the various selected residential developments. This will produce a ratio of school age children per 100 units to be used as a multiplier. These ratios have been determined to exist in numerous Apartment & Hotel and apartment developments throughout Rhode Island and Connecticut over the past 10 years.

Based on a recent study in October of 2011 by Community Opportunities Group, Inc. for the Town of Maynard, MA, the following findings and conclusions verify and substantiate the projection of a ratio of 0.05 students per household, or 5 students per 100 households:

• Statistics derived from the Census Bureau's new American Community Survey (ACS) indicates virtually no school-age children in one-bedroom units, and very few in two- bedroom multi-family units

• Households in new multifamily housing are quite different from their counterparts in older multi-family developments. The differences range from household size and composition to household income and employment characteristics. A key factor separating new from old developments is that the former are frequently designed to cater to childless households.

• The number of school-age children in new multi-family housing is driven primarily by the size of the dwelling units (number of bedrooms) and whether the units are subject to age restrictions. For non-age-restricted housing, two-bedroom units attract a mixed population, including some families with school-age children; and one-bedroom units rarely have dependent children, especially older children.

In addition to unit sizes, new multi-family developments have a lesser tendency to attract families based on:

• Density. Higher‐density developments tend to have fewer children of any age than lower density developments. This seems to correlate with unit size because very high-density developments are usually dominated by one- and two-bedroom units.

• Other choices in the housing market. Since new multifamily developments are so often designed to discourage family occupancy, families seeking rental housing will choose other options if available in the same market area

• Housing costs. In a given market area, the higher the rent, the more likely it is that a renter household will not have school age children

• Older multi-family dwellings are more likely to house families with children because they are relatively small buildings with yards, and the rents (or Apartment & Hotel sale prices) tend to run below market. Families that can afford to own a home generally purchase one.

IN SUMMARY, statistics gathered in a broader manner for an entire community may not accurately reflect the anticipated number of school age children that will be residents of newly constructed, more dense multi-family housing. Townwide averages blend all multifamily residents and do not account for the large differences that determine the choices a family with children will make based on age, density, amenities and most importantly, number of bedrooms. There have been very few studies completed in the three-state region (MA, RI & CT) during the past 10-15 years to really assist any particular community to assess the impact of school age children that may reside in a proposed residential development. Given all the specific and detailed data collection prepared by JDL ENTERPRISES and the chosen methodology, there is a higher degree of confidence in predicting school age children for a new development, such as proposed for the Town of Smithfield, RI than attempting to utilize generalized older studies that do not reflect the actual project being reviewed by the community.

Appendix A COMAPARABLE APARTMENT COMPLEXES SCHOOL AGE CHILDREN (SAC)

COMMUNITY APARTMENT NAME TOTAL SCHOOL # SAC UNITS AGE PER CHILDREN 100 UNITS Cranston Springfield 216 9 4.1 No. Prov. Windsor 240 6 2.5 Warwick Villa Del 391 25 6.3 Rio Warwick Briarwood 456 6 1.3 Meadows Providence Centre Place 225 2 .8 Narragansett Pier Village 99 0 0 W. Warwick Greenwich 168 15 8.9 Place TOTALS 1794 63 3.5

Source: Community Impact Study for South County Commons, LLC, So. Kingstown, RI By Dan Varin – March 2003

11 Appendix B COMAPARABLE APARTMENT & HOTEL/APARTMENT COMPLEXES SCHOOL AGE CHILDREN (SAC)

COMMUNITY DEVELOPEMNT NAME TOTAL SCHOOL # SAC UNITS AGE PER CHILDREN 100 UNITS Cumberland Cumberland 258 14 5.4 Crossing Westerly 7 Complexes 268 7 2.6

W.Warwick Riverview 125 4 3.2 Farm Stonington, 8 Complexes 209 5 2.4 CT (detail in Appendix C)

TOTALS 860 30 3.5

Source: JDL ENTERPRISES – March 2006

12 APPENDIX C

~TOWN OF STONINGTON, CT ~

PUBLIC SCHOOL STUDENTS: EXISTING CONDOMINIMUM DEVELOPMENTS

• Stonington Landing 54 units 1 Student • Whitehall Pond Rte ( Mystic) 26 units 0 Students • Whitehall Landing 24 units 4 Students • Hewitt Road(Mystic ) 12 units 0 Students • Mystic River Square 25 units 0 Students • Broadway School (Mystic) 21 units 0 Students • Riverwalk Condos ( Pawcatuck) 37 units 0 Students • Pequot Run ( Pawcatuck) 10 units 0 Students

TOTAL = 209 UNITS 5 STUDENTS

AVERAGE NUMBER OF STUDENTS PER UNIT = 209/5 = 0.024 OR 2.4 STUDENTS PER ONE HUNDRED APARTMENT & HOTEL UNITS

SOURCES OF INFORMATION:

1. First Student Bus Company – (Data Released by Mr. Frank Connolly of the Stonington School Dept. – Business Office) 2. Tax Assessor – Town of Stonington, CT

Date: February 15, 2006

13 Appendix D ADDITIONAL COMAPARABLE APARTMENT & HOTEL COMPLEXES SCHOOL AGE CHILDREN (SAC)

COMMUNITY DEVELOPEMNT NAME TOTAL SCHOOL # SAC UNITS AGE PER CHILDREN 100 UNITS No. Silver Pines 29 1 3.5 Smithfield Woonsocket Laurelwood 162 0 0 (age- restricted) Cumberland 3 complexes 57 1 1.7

TOTALS 248 2 <1

Source: JDL ENTERPRISES – March 2006

Appendix E ADDITIONAL COMAPARABLE APARTMENT & HOTEL/APARTMENT COMPLEXES SCHOOL AGE CHILDREN (SAC) COMMUNITY DEVELOPEMNT NAME TOTAL SCHOOL # SAC UNITS AGE PER CHILDREN 100 UNITS W. Centre of 240 21 8.75 Greenwich NE* (Apts)

S. Kingstown So County 234 16 6.84 (Apts) # Commons

S. Kingstown Preserve 52 0 0.00 (Condo)#

Coventry Centre of 90 4 4.44 NE + – Hopkins Hill

TOTALS 616 41 6.65 Source: JDL ENTERPRISES – February 2009 *Per City of West Greenwich Planning Dept – as of Dec 1, 2008. A total of 26 of the 240 units are 3 bedroom units. The balance of units is mostly 2 bedroom units, and some 1 bedroom units. These are apartments for rent. + Per Universal Properties – as of Dec. 30, 2008 # Per Vin Murray – Planning Director – City of South Kingstown – Current school year statistics

Appendix F APARTMENT & HOTEL COMPLEXES SCHOOL AGE CHILDREN (SAC) Town of Smithfield, RI

Total # Condo Units Student total Apple Valley Condo 74 7 Apple Valley Estates 48 3 Autumn Run 86 5 Cedar Crest 38 2 Homestead Mills Apts. 125 14 Orchard Meadow 94 5 Pheasant Run 94 4 Pleasant View condos 54 8 Shadowbrook 68 1 Stonehenge 48 1 Tamarac 84 5 Timberlane 84 5 Village at Summerfield (Detached 1- fam.) 125 2 Village in the Woods (Detached 1- fam.) 31 11 Students Per Unit 1053 73 0.069326 Average

Source: Unit Count - Smithfield Planning Department Student count by development provided by Smithfield School Department - October 2014

16 FISCAL IMPACT STUDY

ADDENDUM: PROPOSED COMMERCIAL DEVELOPMENT

TOWN OF SMITHFIELD, RI

FOR:

SMITHFIELD ESTATES, LLC

PREPARED BY: JDL ENTERPRISES - JOSEPH D. LOMBARDO, AICP

APRIL 2020 INTRODUCTION ~

This Fiscal Impact Study (FIS) has been prepared to supplement the Commercial Development portion for an Application by Smithfield Estates, LLC for a land development project comprising 34,000 square feet contained in one (1) new building, associated parking, drainage and landscaping to be constructed in Smithfield, RI located on land off of Douglas Pike in Smithfield, Rhode Island. The subject parcel is AP 40, and numerous Lots – generally known as Tea Lots. The FIS will estimate anticipated public revenues and expenses associated with the proposed commercial development portion of the project site. The FIS will attempt to estimate both future revenues and expenses utilizing present statistics and financial data from a variety of sources, to be noted.

SUMMARY ~

The Town of Smithfield, RI would realize a projected Net Revenue Gain of $87,000 with regard to expenses and revenues on an annual basis as a result of this proposed commercial project at Smithfield Estates.

Smithfield Estates Commercial Development Project Page # 2 Fiscal Impact Projections - by JDL ENTERPRISES April 2020 TABLE 1 TOTAL PROJECT REVENUE PROJECTIONS - BASE YEAR OF 2018 – TOWN OF SMITHFIELD ASSESSED TAX TOTAL VALUE * VALUE * RATE REVENUE

PROPOSED 34,000 SF $18.35/ BUILDING AND $6,800,000 $124,780 @$200/SF 1000 IMPROVEMENTS

TOTALS $124,780

* Per Smithfield Estates, LLC and Per Town of Smithfield, RI Tax Assessor’s Office – Commercial rate @100%

ADDITIONAL REVENUE ~

Also, one-time fee revenue for Building Permits and Site Plan Review will accrue to the community for the building construction of the Smithfield Estates Commercial project.

Smithfield Estates Commercial Development Project Page # 3 Fiscal Impact Projections - by JDL ENTERPRISES April 2020 SMITHFIELD ESTATES COMMERCIAL PROJECT EXPENSE ESTIMATES ~

It is expected that the Town will incur minimal expenses from the project development. There would be an expectation to have small incremental demands for services that would be a result of the proposed development, including:

• Police – small increase in traffic and accident calls

• Emergency Services – small increase in calls to serve the facility (customers & employees)

From a cost of services perspective, and studies compiled by American Farm and Land Trust - Farmland Information Center in its Fact Sheet: Cost of Community Services Studies (See Fact Sheet in Appendix A), it can be anticipated that for every dollar of tax revenue collected by the Town of Smithfield, no more than 30% (or $0.30 per dollar) would be spent on providing municipal services. The 30% expenditure is a conservative estimate.

TABLE 2 -- SMITHFIELD ESTATES COMMERCIAL PROJECT REVENUE AND EXPENSE COMPARISON –TOWN OF SMITHFIELD, RI

TOTAL TOTAL NET MUNICIPAL ESTIMATED RESULTS COSTS REVENUE TOTAL $37,434 $124,780 $87,346 PROJECT (@30% OF REVENUE OF $124,780)

The Town of Smithfield, RI would realize a projected Net Revenue Gain of $87,346 with regard to expenses and revenues on an annual basis as a result of this proposed commercial project at Smithfield Estates.

Smithfield Estates Commercial Development Project Page # 4 Fiscal Impact Projections - by JDL ENTERPRISES April 2020

Appendix A

SUMMARY

American Farm and Land Trust - Farmland Information Center

FACT SHEET: COST OF COMMUNITY SERVICES STUDIES

• Commercial & Industrial = $0.30

• Working & Open Land = $0.35

• Residential = $1.16

The Median cost per dollar of revenue raised to provide all public services to different land uses.

AFT NATIONAL OFFICE 1200 18th Street, NW, Suite 800 Washington, DC 20036 (202) 331-7300 www.farmland.org

Smithfield Estates Commercial Development Project Page # 5 Fiscal Impact Projections - by JDL ENTERPRISES April 2020 TOWN OF SMITHFIELD, RHODE ISLAND PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Smithfield Town Council will hold a Virtual Public Hearing on Tuesday, October 6, 2020 at 5:00 PM. The purpose of the Public Hearing is to consider and act upon proposed amendments to the Zoning District Map and Zoning Ordinance. The proposed amendments are associated with an approved Master Plan of a Major Land Development project known as “Earl Grey Estates” (Tea Lots) - (ID#: 19-005). These amendments are proposed to be made in accordance with the provisions of Section 45-24.51, 45-24.52 and 45-24.53 of the General Laws of Rhode Island.

VIRTUAL MEETING* Please join the meeting from your computer, tablet or smartphone. https://www.gotomeet.me/RandyRossi/smithfield-towncouncil

You can also dial in using your phone. United States (Toll Free): 1 877 568 4106 United States: +1 (646) 749-3129 Access Code: 342-830-965 For technical support dial: 401-233-1010

*Provided, however, that the meeting is allowed to be held virtually. If virtual meetings are prohibited on this date, then the Town Council may convene the meeting at the Smithfield Town Hall, 2nd Floor, Crepeau Hall, 64 Farnum Pike, Smithfield, RI, pursuant to compliance with the latest Executive Order dealing with public meetings.

Zoning Ordinance Amendment Summary: The proposed map amendment involves a change to the Zoning District Map’s designation of lots located on Douglas Pike and Ridge Road, more specifically identified as: Assessor’s Plat 40 / Lots 1- 111, 113-238, 250-273, 277-299, 303-332, 336-363, 366-385, 390-439 and AP 42 / Lot 139 from Commercial (C), Medium Density Residential (R-Med) and Low Density Residential (R-80) to Planned Development (PD), as shown below. The Zoning District Map’s designation of lots adjacent to the Earl Grey Estates but, not associated with the project are also proposed for amendment from Medium Density Residential (R-Med) to Commercial (C). These lots include: AP 40 / Lots 239, 240, 274, 275, 364, 386-388 and a portion of lot 452 with a proposed change, as shown below. The proposed Zoning ordinance amendments include a changing the zoning district designation of the above listed lots to the Planned Development (PD) district subject to the following limitations, conditions, and restrictions:

1. The development of the subject property and the uses set forth below shall be allowed but limited to the following: a. No more than one hundred forty (140) residential multi-family dwellings to be housed in no more than 55 buildings with a minimum of twenty-three (23) qualifying as affordable housing under Rhode Island Law (affordable units) with a sales price affordable to a household earning no more than one hundred twenty (120%) percent of the average median income as defined by HUD. b. A commercial building comprised of no more than 35,000 square feet with uses allowed by right and by special use permit in the PD District as provided in the Zoning Ordinance.

2. The following provisions of Zoning Ordinance shall not apply to the development of the subject property: 5.7.1. B, D, F, G, H, J, M, R, T, U, V, W, and X, Section 5.10 Inclusionary Zoning and Section 6.3, M. Performance Standards, Public Water and Sewer.

At said Hearing opportunity will be given to all interested persons to be heard upon the proposed amendments. The proposed amendment may be altered or amended prior to the close of the Public Hearing, without further advertising, as a result of further study or because of the views expressed at the Public Hearing. Any alteration or amendment must be presented for comment in the course of the Hearing. Availability of Information The application and accompanying documents for this application are available for public review on the Town Planner’s page of the Town’s Website: https://www.smithfieldri.com/ If communication assistance (readers/interpreters/captions) or any other accommodation to ensure equal participation is needed, please contact the Smithfield Town Manager’s office at 401-233-1010 at least forty-eight (48) hours prior to the meeting. BY ORDER OF THE TOWN COUNCIL. Suzanna L. Alba, President

______Please publish as a display ad in the September 17, September 24 and October 1 editions of The Breeze using type size at least as large as the normal type size used in news articles. 5

SMITHFIELD SCITUATE FOSTER GLOCESTER | VALLEY BREEZE & OBSERVER | SEPTEMBER 24-30, 2020 SMITHFIELD 5 Three die in virus outbreak at Village at Waterman Lake

By JACQUELYN MOOREHEAD The senior liv- Valley Breeze & Observer Staff Writer ing facility THE VILLAGE AT [email protected] WATERMAN LAKE has a SMITHFIELD – Three residents at COVID-19 out- the Village at Waterman Lake have died from COVID-19 after the senior break. Staff say living community had an outbreak fol- they hope it will lowing a staff member falling sick over remain under Labor Day weekend. control through Waterman Lake spokeswoman quarantine Jennifer Beauchamp said the outbreak efforts. can’t be pinned to any one person. Beauchamp said an employee worked the previous week, and got tested when they fell ill over the weekend. Once the employee tested positive, all employees and residents were tested twice in the first week following Labor Day weekend, and again last week. At one point, the number of navirus pandemic began in March, each connected by a courtyard. So far, second outbreak. positive cases reached 29. the facility followed all Department the virus is contained in one building, Beauchamp said she hopes to reach “Each time, there were a little more, of Health guidelines. Despite having the Lodge. the goal of zero people infected within a little more,” Beauchamp said of the one resident test positive for the virus “We’ve got three buildings with 300 coronavirus in two weeks. She said increase in positive test results. early, it never spread through the apartments,” Beauchamp said. while restrictions on the general public “To get a couple more, then a cou- facility. The facility is going back in lock- have been scaled back, for health care ple more. It’s heartbreaking. It’s your She said the facility has been “over down mode only a few weeks after professionals, the fear is still there. worst nightmare,” she said. the top throughout” the pandemic and restrictions on visitations and group Beauchamp said workers continue In week three, Beauchamp said test- overly cautious to prevent the spread activities were loosened. She said resi- to frequently wash hands, remain in ing will continue as infected residents, of infection. Since the second posi- dents enjoyed the break and loved vis- small groups, and always wear a mask while quarantined in their apartments, tive result on Labor Day weekend, iting loved ones, but are now back to to keep their residents safe. are treated by employees equipped employee crossover between buildings in-room dining and social distancing. For Beauchamp and Village at with full PPE gear. Others who prove has stopped. When able, the facility will go back Waterman Lake, the residents are a to be too sick to be cared for by the “We were hopeful that was going to to visitation by appointment. top priority. She said she hopes the facility, are recovering in the hospital. be it,” she said. “We’re trying our best to get through few who are treated in the hospital “We’re just hopeful,” Beauchamp “Truthfully, we thought we had got- the wave of it, and get our positives will make a full recovery and come said. ten by without any cases on our cam- back down to zero,” Beauchamp said. home soon. A few infected residents are asymp- pus,” Beauchamp added. Beauchamp said she understands “I’m hoping we’re through the tomatic and off the quarantine list The senior living facility consists of the desire to put quarantine and woods and make it out on the other already, she said. three buildings, including an assisted the coronavirus in the past, but side,” she said. Beauchamp said when the coro- living facility and Alzheimer’s unit, said she fears that wish is causing a

TOWN OF SMITHFIELD Town of Smithfield, Rhode Island • Public Hearing NOTICE IS HEREBY GIVEN that the Smithfield Town Council will hold a Virtual Public Hearing on Tuesday, October 6, EXTENDED HOURS 2020 at 5:00 PM. The purpose of the Public Hearing is to consider and act upon proposed amendments to the Zoning VIRTUAL TOWN COUNCIL MEETING AGENDA ADVERTISED ON WEBSITE: District Map and Zoning Ordinance. The proposed amendments are associated with an approved Master Plan of a Major WWW.SMITHFIELDRI.COM Land Development project known as “Earl Grey Estates” (Tea Lots) - (ID#: 19-005). These amendments are proposed to be made in accordance with the provisions of Section 45-24.51, 45-24.52 and 45-24.53 of the General Laws of Rhode Island. NOTICE IS HEREBY GIVEN, by the Town Council of Smithfield acting as the Board of VIRTUAL MEETING* License Commissioners in said Town, that in accordance with the Smithfield Town Please join the meeting from your computer, tablet or smartphone. https://www.gotomeet.me/RandyRossi/smithfield-towncouncil Ordinances, Chapter 236: Licensing, Business §263-3 Hours Generally, and RI General You can also dial in using your phone. Laws §5-24-1, an application for permission to extend the opening hours Monday United States (Toll Free): 1 877 568 4106 United States: +1 (646) 749-3129 through Sunday for: Access Code: 342-830-965 For technical support dial: 401-233-1010 *Provided, however, that the meeting is allowed to be held virtually. If virtual meetings are prohibited on this date, then the Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, Town Council may convene the meeting at the Smithfield Town Hall, 2nd Floor, Crepeau Hall, 64 Farnum Pike, Smithfield, RI, located at 947 Douglas Pike, pursuant to compliance with the latest Executive Order dealing with public meetings. 24/7 HOURS Zoning Ordinance Amendment Summary: The proposed map amendment involves a The above named application will be in order for a virtual hearing of the Town Council change to the Zoning District Map’s designa- on October 6, 2020, at 5:00 p.m., 64 Farnum Pike, Smithfield, RI at which time and tion of lots located on Douglas Pike and Ridge place all remonstrants may make their objections. The public is welcome to any meet- Road, more specifically identified as: Assessor’s Plat 40 / Lots 1-111, 113-238, 250-273, 277-299, ing of the Smithfield Town Council. If communication assistance (readers/interpreters/ 303-332, 336-363, 366-385, 390-439 and AP 42 / captions) or any other accommodation to ensure equal participation is needed, please Lot 139 from Commercial (C), Medium Density contact the Smithfield Town Manager’s office at 401-233-1010 at least forty-eight Residential (R-Med) and Low Density Residen- hours prior to the meeting. tial (R-80) to Planned Development (PD), as By order of the Town Council: Carol A. Aquilante, MMC, Town Clerk shown below. The Zoning District Map’s designation of lots adjacent to the Earl Grey Estates but, not associated with the project are also proposed for amendment from Medium Density TOWN OF SCITUATE Residential (R-Med) to Commercial (C). These lots include: AP 40 / Lots 239, 240, 274, 275, 364, 386-388 and a portion of lot 452 with a proposed change, as shown above. GENERAL ELECTION NOVEMBER 3, 2020 The proposed Zoning ordinance amendments includes changing the zoning district designation of the above listed lots to the VOTER INFORMATION: Planned Development (PD) district subject to the following limitations, conditions and restrictions: 1. The development of the subject property and the uses set forth below shall be allowed but limited to the following: FINAL DAY FOR UNREGISTERED VOTERS TO REGISTER TO VOTE a. No more than one hundred forty (140) residential multi-family dwellings to be housed in no more than 55 buildings with a minimum of twenty-three (23) qualifying as affordable housing under Rhode Island Law (affordable units) FOR THE NOVEMBER 3, 2020 ELECTION IS SUNDAY, OCTOBER 4, 2020 with a sales price affordable to a household earning no more than one hundred twenty (120%) percent of the average REGISTRATIONS WILL BE ACCEPTED IN THE DROP BOX OUTSIDE median income as defined by HUD. b. A commercial building comprised of no more than 35,000 square feet with uses allowed by right and by special use THE TOWN CLERKS OFFICE, 195 DANIELSON PIKE permit in the PD District as provided in the Zoning Ordinance. 2. The following provisions of Zoning Ordinance shall not apply to the development of the subject property: 5.7.1. B, D, F, G, CHECK YOUR VOTING STATUS OR REGISTER ON LINE AT H, J, M, R, T, U, V, W, and X, Section 5.10 Inclusionary Zoning and Section 6.3, M. Performance Standards, Public Water https://vote.sos.ri.gov/ and Sewer. At said Hearing opportunity will be given to all interested persons to be heard upon the proposed amendments. The proposed FINAL DAY TO APPLY FOR A MAIL BALLOT IS amendment may be altered or amended prior to the close of the Public Hearing, without further advertising, as a result of further study or because of the views expressed at the Public Hearing. Any alteration or amendment must be presented for OCTOBER 13, 2020 comment in the course of the Hearing. Availability of Information POLLING PLACES The application and accompanying documents for this application are available for public review on the Town Planner’s page DISTRICT 1– SCITUATE HIGH SCHOOL, 94 TRIMTOWN ROAD of the Town’s Website: https://www.smithfieldri.com/ DISTRICT 2 – HOPE ELEMENTARY SCHOOL, 391 NORTH ROAD If communication assistance (readers/interpreters/captions) or any other accommodation to ensure equal participation is need- DISTRICT 3 – CHOPMIST HILL CENTER, 1315 CHOPMIST HILL ROAD ed, please contact the Smithfield Town Manager’s office at 401-233-1010 at least forty-eight (48) hours prior to the meeting. BY ORDER OF THE TOWN COUNCIL. POLLS WILL BE OPEN FROM 7:00 AM – 8:00 PM Suzanna L. Alba, President

Tea Lot Abutters

MBL LOCATION OWNER OWNER 2 OWNER ADDRESS OWNER CITY STATE ZIP CODE 40/112 0 DOUGLAS PIKE 'INDEPENDENT REALTY ASSOCIATEC/O DOUGLAS LUMBER PO BOX 17098 ! SMITHFIELD Rl 02917 40/441 90 DOUGLAS PIKE SURABIAN PAUL B C/O DOUGLAS CONSTRUCT90 DOUGLAS PIKE UNIT 2 1 SMITHFIELD Rl 02917 40/452 0 DOUGLAS PIKE • SURABIAN PAUL T !C/0 DOUGLAS CONSTRUCi90 DOUGLAS PIKE 1 SMITHFIELD Rl 02917 42/031 151 DOUGLAS PIKE WEDGEWOOD ENTERPRISES INCI 15 MEADOWLARK DRIVE i CRANSTON Rl 02921 42/032 125 DOUGLAS PIKE iTABBOOMA INC IC/O DOUGLAS LUMBER POBOX 17098 i SMITHFIELD Rl 02917 42/043 40 DOUGLAS PIKE CHEBBO IRREVOCABLE TRUST i MARIA NORIEGA TRUSTEE 94 CRAWFORD STREET CRANSTON Rl 02910 42/044 268 RIDGE RD RYAN FINANCE LLC IC/O KEVIN RYAN 359 BROAD STREET !PROVIDENCE Rl 02907 42/044D176 DOUGLAS PIKE i PERROHA JOHN E 400 PUTNAM PIKE STE J504 SMITHFIELD Rl 02917 42/093 257 RIDGE RD MJV ENTERPRISES LLC 350 PIPPIN ORCHARD ROAD CRANSTON Rl 02921 42/094 251 RIDGE RD BRIDENSCOHE 251 RIDGE RD SMITHFIELD Rl 02917 42/095 245 RIDGE RD i DEFREITAS MICHAEL ET UX 1 PASHA CTE 240 SILVER SPRING STREET PROVIDENCE Rl 02904 42/096 241 RIDGE RD DEUTSCHE BANK NAT TRUST CO ;C/0 HOMEWARD RESIDENT!1525 S BELT LINE RD COPPELL TX 75019 42/097A 237 RIDGE RD TURNER JOHN K 237 RIDGE RD i SMITHFIELD Rl 02917 42/097B 233 RIDGE RD i SYLVESTER JAMES D ET AL iC/O JAMES L & JUDITH M S^'233 RIDGE RD SMITHFIELD Rl 02917 42/097D 223 RIDGE RD BORGES ORLANDO L ET UX IIRENEMTE 223 RIDGE ROAD ESMOND Rl 02917

42/099 0 RIDGE RD TOWN OF SMITHFIELD 1 64FARNUM PIKE ISMITHFIELD Rl 02917 42/138 80 DOUGLAS PIKE 80 DOUGLAS PIKE LLC iC/O HEALTH CONCEPTS LTpBO DOUGLAS PIKE i SMITHFIELD Rl 02917 42/139A 142 DOUGLAS PIKE IDAREZZO DONNA J ET VIR ! ROBERT TE 142 DOUGLAS PIKE ISMITHFIELD Rl 02917 1 42/150 216 RIDGE RD IHARONIAN S JOHN 1405 DOUGLAS AVENUE iNO PROVIDENCE Rl 02904 42/200 9 HUNTERS KNOLL CHELO DARYL W ET UX IKRISTENM TE 9 HUNTERS KNOLL ISMITHFIELD Rl 02917 42/217 37 HUNTERS KNOLL SYLVESTER JAMES D 37 HUNTERS KNOLL SMITHFIELD Rl 02917 42/280 256 RIDGE RD ! FONSECA MANUEL ET UX i FONSECA TINA TE 256 RIDGE RD ISMITHFIELD Rl 02917

Memorandum

DATE: September 30, 2020

TO: Smithfield Town Council

FROM: Carol Banville – License Coordinator

SUBJECT: Public Hearing –Extension of hours for Colbea Enterprises, LLC d/b/a “Seasons Corner Market” for the October 6th Town Council Meeting

BACKGROUND:

Town Council to conduct a Public Hearing to consider, discuss and act upon the following request of an extension of hours to include hours of operation for Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, 947 Douglas Pike, hours of operation to be as follows: Monday through Sunday, 24/7 Hours.

SUPPORTING DOCUMENTS:

Copy of application Copy of BCI – No Record Copy of advertisement in the Valley Breeze on the following dates: September 17, 2020, September 24, 2020 & October 1, 2020 RI Department of Health approval (temporary) Letter from Colbea Enterprises extension of hours request

RECOMMENDED MOTION:

Move that the Smithfield Town Council consider, discuss and act upon approving the extension

of hours for Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, as applied, subject to compliance with all State regulations, local ordinances and a copy of their Retail Sales Permit with the extension of hours to be as follows: Monday through Sunday 24/7 Hours.

Memorandum

DATE: September 30, 2020

TO: Smithfield Town Council

FROM: Carol Banville – License Coordinator

SUBJECT: New Victualling Only License for Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, for the October 6th Town Council Meeting

BACKGROUND:

Colbea Enterprises, LLC, d/b/a “Seasons Corner Market”, has applied for a new Victualling Only License to include extended hours of operation for Colbea Enterprises, LLC d/b/a “Seasons Corner Market” 947 Douglas Pike, hours of operation to be as follows: Monday through Sunday, 24/7 Hours.

TOWN REVENUE:

Fee for a Victualling Only License is $50 per year

SUPPORTING DOCUMENTS:

Copy of application Copy of BCI – No record Copy of advertisement in the Valley Breeze on the following dates: September 17, 2020, September 24, 2020 and October 1, 2020 RI Department of Health approval (temporary)

RECOMMENDED MOTION:

Move that the Smithfield Town Council consider, discuss and act upon a new Victualling Only License for Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, 947 Douglas Pike, as applied, subject to compliance with all State regulations, local ordinances, a copy of their Retail Sales Permit and final approval from the RI Department of Health.

Memorandum

DATE: September 30, 2020

TO: Smithfield Town Council

FROM: Carol Banville – License Coordinator

SUBJECT: New Holiday Sales License for Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, for the October 6th Town Council Meeting

BACKGROUND:

Colbea Enterprises, d/b/a “Seasons Corner Market”, has applied for a new Holiday Sales License for their business located at 947 Douglas Pike, with the hours of operation to be Monday through Sunday 24/7 Hours.

TOWN REVENUE:

Fee for a Holiday Sales License is $50 per year

SUPPORTING DOCUMENTS:

Copy of application Copy of BCI – No record

RECOMMENDED MOTION:

Move that the Smithfield Town Council consider, discuss and act upon a new Holiday Sales License for Colbea Enterprises, LLC d/b/a “Seasons Corner Market”, 947 Douglas Pike, as applied, subject to compliance with all State regulations, local ordinances and a copy of their Retail Sales Permit.

TOWN of SMITHFIELD State of Rhode Island

REQUEST FOR PROPOSALS

Item Description: PURCHASE OF WINTER SAND Date and Time to be OPENED: Tuesday, October 20, 2020 at 10:00 AM

Proposals may be submitted up to 10:00 AM on the above meeting date at the Office of the Purchasing Agent, 64 Farnum Pike, Smithfield, RI 02917, during normal business hours, 8:30 AM through 4:30 PM. All proposals will be publicly opened and read at the Town Hall Council Chambers, second floor, Town Hall.

Instructions

1. Bidders must submit sealed proposals in an envelope clearly labeled with the above captioned item or work. The proposal envelope and any information relative to the proposal must be addressed to the Purchasing Agent, 64 Farnum Pike Smithfield, RI, 02917. Any communications that are not competitive sealed proposals (i.e., product information or samples) should have "NOT A BID" written on the envelope or wrapper.

2. Proposals must meet the attached specifications. Any exceptions or modifications must be noted and fully explained.

3. Proposal responses must be in ink or typewritten.

4. The price or prices proposed should be stated both in WRITING and in NUMERALS, and any proposal not so stated may be rejected.

5. Proposals SHOULD BE TOTALED WHEN APPLICABLE. Do not group items: price each item individually. Awards may be made on the basis of total proposal or by individual items.

6. Each responder is required to state in their proposal their full name and place of residence; and must state the names of persons or firms with whom he/she is submitting a joint proposal. All proposals SHOULD BE SIGNED IN INK.

7. One original proposal and three copies shall be submitted.

Page 1 of 6

TOWN OF SMITHFIELD State of Rhode Island

NOTICE TO BIDDERS

1. The Town of Smithfield reserves the right to waive any and all informalities and to award the contract on the basis of the lowest responsible evaluated bid proposal. 2. No proposal will be accepted if made in collusion with any other responder. 3. A responder who is an out-of-state corporation shall qualify or register to transact business in this State, in accordance with R.I. Gen. Laws, as amended, Sections 7-1.1-99, 7-1.1-105, 7-1.1-106. 4. The Town of Smithfield reserves the right to reject any and all proposals. 5. In determining the lowest responsible evaluated bid proposal, cash discounts for payments less than thirty (30) days will not be considered. 6. The Town of Smithfield reserves the right to award to one responder, or to split the award. 7. All proposals will be disclosed at the formal proposal opening. After a reasonable lapse of time, tabulation of proposals may be seen on the Town's website (www.smithfieldri.com/bids). 8. As the Town of Smithfield is exempt from the payment of Federal Excise Taxes and Rhode Island Sales Tax, prices quoted are not to include these taxes. 9. In case of error in the extension of prices quoted, the unit price will be considered. 10. The contractor will not be permitted to either assign or underlet the contract, nor assign legally or equitably any moneys hereunder, or its claim thereto without the previous written consent of the Town Manager. 11. Delivery dates must be shown on your proposal. If no delivery date is specified, it will be assumed that an immediate delivery from stock will be made. 12. A certificate of insurance shall be required of a successful bidder within five (5) days of contract award. The Town of Smithfield shall be an additionally named insured in the title holder box of said certificate. 13. Proposals may be submitted on an "equal" in quality basis. The Town reserves the right to decide equality. Responders must indicate brand or make offered and submit detailed specifications if other than the brand requested. 14. For contracts involving construction, alteration and/or repair work, the provisions of State Labor Law concerning payment of prevailing wage rates apply (See R.I. General Law Sec. 37-13-1 et seq. as amended). 15. No goods will be delivered or work started without Notice from the Town.

Page 2 of 6 TOWN OF SMITHFIELD State of Rhode Island

REQUEST FOR PROPOSALS - WINTER SAND

The Town of Smithfield is soliciting proposals for supply and delivery of winter road sand for the 2021-2023 winter season. It is estimated that we will need approximately 2,500 to 3,000 ton, more or less, of this material and will be ordered on an as needed basis. Deliveries must occur within 48 hours from the time requested. Sand shall be screened and consist of clean, hard, durable particles of crushed and/or uncrushed gravel and shall meet the following gradation requirements:

Sieve Designation Percent Passing by Weight 1/4 inch 100 No. 4 75 -100 No. 20 30-60 No. 50 7-30 No. 100 3-8 No. 200 0-5

Sand must be clean and free of frozen lumps or other foreign debris. Gradation report is required prior to first delivery and will be required when there is a change in sand source. Sample may be required at the discretion of the Public Works Director. The Town reserves the right to reject any load delivered if, in the opinion of the Town, the contents of the load do not meet this Specification. Price quoted must be per ton in truck load quantities FOB Smithfield Department of Public Works, 3 Spragueville Road, Smithfield, RI All deliveries must be accompanied by weight slips for each truck from a certified scale house. Annual scale certifications shall accompany first load of season. NOTE: Prices quoted shall remain in effect from the date of the acceptance by the Town Council until September 30, 2023. This agreement may be extended for two one-year periods if mutually acceptable by the Town and the contractor.

REQUIREMENTS

A. Bidders must guarantee that the services can be provided to the Town of Smithfield within the time specified in the bid specifications.

B. Bidders must furnish sufficient descriptive literature with their bids to show that the product offered meets applicable specifications. Products which do not, in the opinion of the Town, meet the specified requirements will not be accepted.

C. Any deviation from these specifications must be noted with the proposal. The bidder shall provide a written basis for why the deviation must be accepted.

Page 3 of 6

INQUIRIES Inquiries concerning clarification of any portion of this RFP must be made to: Gene Allen, Director of Public Works 64 Farnum Pike Smithfield, RI 02917 [email protected]

COST PROPOSALS The cost proposal must include the following information:

• The responder shall submit Attachment "A" filled out completely.

• The cost proposal must include all pricing information relative to items as described in this specification.

PROPOSAL Must include the following: • A brief general statement describing your company and its ability to provide the indicated product.

• List any prior services or products supplied to the Town of Smithfield.

EVALUATION CRITERIA • The Town will review and evaluate each submitted proposal in accordance with the requirements of this RFP. The evaluation will include weighted criteria detailed below. If further information is desired, bidders may be requested to make additional written submissions or oral presentations to the Town.

• Proposal will be evaluated on the following:

Score 1. Company Information and Years in Business 20 2. Required documents stated in RFP 30 3. Business located in Smithfield 10 4. Pricing 40

Grand Total 100

Page 4 of 6 FINAL SELECTION • The Smithfield Town Council will select a firm after taking into account the recommendation submitted by the evaluation committee. Following the notification of the firm selected, it is expected a contract will be executed by the parties.

• A firm's submission of a proposal indicates acceptance of all the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted.

TIMELINE

Request for Proposals Issued October 7, 2020 Proposal Due Date and Opening October 20, 2020

Page 5 of 6 ATTACHMENT A

TOWN OF SMITHFIELD

COST PROPOSAL FORM

Item Description: Purchase of Winter Sand Date and Time to be OPENED: October 20, 2020 at 10:00 AM

VENDOR NAME: VENDOR ADDRESS: CITY, STATE, ZIP: Soc. Sec. # or Fed. ID #

Bid: 3000 tons Winter Sand, FOB, Smithfield Department of Public Works, 3 Spragueville Road, Smithfield, RI

Unit Price per Ton Extended Amount

$______per ton $______

______Extended price in written words

Delivery time from time of material order ______

NOTE

Prices quoted shall remain in effect from the date of the acceptance of a quotation by the Town Council until September 30, 2023. The Town may choose to extend this agreement for two one-year periods with the agreement of the contractor.

Additional Bidding Details: (Use Additional Pages if Necessary)

PHONE______FAX______

EMAIL______

______CONTACT PERSON NAME TITLE

______CONTACT PERSON SIGNATURE

Page 6 of 6

Town of Smithfield Smithfield Sewer Authority 64 Farnum Pike • Smithfield, Rhode Island 02917 (401) 233-1041 – Fax (401) 233-1091

Jarod Doyle, Chairman Michael J. Silvia, Vice Chairman J. Kevin McNelis, Secretary Ernest E. Powers, Member ______

August 17, 2020

MEMORANDUM

TO: Smithfield Sewer Authority

FROM: ______Kevin Cleary, PE, LSIT Town Engineer

RE: Wastewater Treatment Facility Primary Logic Control Center Amendment #10

Dear Sewer Authority Members;

Enclosed please find a draft fee proposal from Veolia Water to replace components associated with the primary logic control (PLC) center that operates the supervisory control and data acquisition system (SCADA). The SCADA system is essentially the brains of the entire facility operation of Smithfield’s treatment monitoring inputs and outputs. The PLC has been included in the Sewer Authority’s overall Capital Improvement Plan over the last two fiscal cycles whereby sufficient funding is allocated to support this request and the improvements that are known to be needed as the existing equipment is obsolete and has become increasingly difficult to obtain replacement components for.

Veolia is requesting a $229,222 fee to complete the associated upgrades with removing, replacing and reconfiguring a new PLC. The proposal includes services to swap out and reconfigure the system components over a one-year period, which is reasonable to expect given the complexities of managing the existing system for continuous operations while implementing a new control system center to balance the hundreds of input/output sensors that operate various plant equipment and communicate their data to the operators.

The service may be provided as a contract amendment, in accordance with the current operation & maintenance contract for the necessary services upon approval of the Town Council. Currently, funds are budgeted in the FY20 and FY21 Sewer Fund capital improvements accounts for this planned upgrade.

Moved: The Smithfield Sewer Authority hereby recommends to the Smithfield Town Council consideration of authorizing amendment #10 to the Veolia Water operations & maintenance contract to complete the replacement of the Primary Logic Control Center at the WWTF for a fee not to exceed $229,222.

Cc: Randy R. Rossi, MBA, CGFM, Town Manager Matthew Johnson, Veolia Water-Capital Project Manger John Oatley, Veolia Water – VP of NE Operations Hans Tuneblom, PE, Veolia Water – Director CPG NE

Enclosure: 8/6/2020 Veolia Contract Amendment #10 Proposal FY20 and FY21 Sewer Fund Capital Improvements Budgets

August 6, 2020

Mr. Kevin Cleary Town of Smithfield 64 Farnum Pike Smithfield, RI 02917

Subject: Statement of Work PLC & SCADA Upgrades Smithfield Wastewater Treatment Facility Operation & Maintenance Contract Amendment #10

Dear Kevin:

As requested by the Town of Smithfield Sewer Authority, Veolia is pleased to provide this statement of work for an upgrade to the existing PLC and SCADA system at the Smithfield Wastewater Treatment Facility (WWTF) located at 20 Esmond Mill Drive, Smithfield, RI. Services to be governed by the terms and conditions of the Service Contract for Smithfield Sewer Authority, Town of Smithfield, RI, Wastewater Treatment Facilities, Operations & Maintenance dated May 13, 2013, pursuant to Article IX, Capital Modifications.

(i) The reason for the Capital Modification:

The Town of Smithfield has requested an upgrade to the existing PLC and SCADA system because the components are no longer supported by the manufacturer.

(ii) A description of the Capital Modification:

A. Qty.1 - New free standing MCP control panel including new Allen Bradley CompactLogix PLC and all required I/O modules. Panel to be UL 508 Listed. Panel includes all terminal blocks, relays, fuses, circuit breakers, power supplies and other miscellaneous components in order to fabricate a complete and functional control panel. B. Qty.1 - Allen Bradley CompactLogix PLC and necessary I/O modules required to replace the existing SLC remote I/O in the existing PECP control panel. Existing panel and internal wiring will be re-used. The scope only includes replacement of the PLC and I/O modules. C. Qty.1 - Allen Bradley CompactLogix PLC and necessary I/O modules required to replace the existing SLC remote I/O in the existing SPCP control panel. Existing

Veolia North America 53 State Street, 14th Floor Boston, MA 02109 tel. +1 617 849 6600

www.veolianorthamerica.com

K. Cleary PLC & SCADA Upgrades August 6, 2020

panel and internal wiring will be re-used. The scope only includes replacement of the PLC and I/O modules. D. Qty.1 - Allen Bradley CompactLogix PLC and necessary I/O modules required to replace the existing SLC remote I/O in the existing MSBCP control panel. Existing panel and internal wiring will be re-used. The scope only includes replacement of the PLC and I/O modules. E. Qty.1 - One lot of spare PLC parts including a spare module of each type used on this project. Module types include a spare PLC processor, digital input module, digital output module, analog input module, analog output module, and power supply. F. Qty.2 - Dell T140 Tower Servers. Servers include Windows Server 2019 OS, 16GB RAM, (2) 1TB 3.5" SATA HDD configured in a RAID 1 array, 24" Monitors, Keyboard and Mouse. Veolia to provide the following software:

a. Qty.2 - Allen Bradley FactoryTalk View SE Station visualization software (100 Display) b. Qty.1 - Allen Bradley FactoryTalk View Studio development software used to develop the project graphics c. Qty.1 - WIN-911 Interactive alarming software used to notify operators of alarm conditions. Includes FactoryTalk A&E option and Grandstream IPPBX device for connection to existing analog phone line.

G. Network Work including: Field wiring, conduit, misc. radio equipment, panel support structures, CAT-6 cabling and patch panels.

Veolia is proposing to continue teaming with R.E. Erickson for the system integration. Veolia is planning to self perform the network upgrades and project management.

(iii) Acceptance Test and Acceptance Test Protocol:

A. Support the installation of all process equipment, with the review of appropriate testing to confirm correct installation. B. The formal Acceptance Test and procedures plan will be submitted to the Town after the engineering documents and O&M manuals are completed. C. Acceptance Test a. Acceptance testing of equipment and subsystems will be completed to demonstrate that each is installed correctly, functions as intended, and meets the applicable conditions specified. Acceptance testing will occur once the equipment or subsystems have been installed and are mechanically and electrically complete. A description of the acceptance testing will be outlined in a detailed acceptance test plan prepared by Veolia specifically for this Statement of Work. The acceptance test will include, as applicable: i. Functional test of controls and instruments, including the interface with the SCADA system.

K. Cleary PLC & SCADA Upgrades August 6, 2020

ii. Additional equipment-specific tests in accordance with good and accepted practice. b. The process equipment and subsystems will be subjected to performance tests to demonstrate that when the Build-Out are completed, they can perform in accordance with the specifications. c. To the extent practicable, all equipment and sub-systems shall be demonstrated to operate properly over all specified treatment process conditions. d. The process equipment supplier shall be required to conduct a performance test on their equipment after installation. Veolia shall direct and oversee the acceptance test as mutually agreed to and appropriate for the system being tested. D. The acceptance test will include: i. Name of equipment/system and reference to the specific equipment/system information provided in the acceptance test plan. ii. Testing schedule and duration with proposed dates and times for testing each item of equipment/system. iii. Summary of power, lighting, chemicals, water, sludge, test equipment, etc. needs required to conduct the testing. iv. Outline of specific responsibilities of Veolia operators, manufacturer representatives, or factory personnel during the test period. v. Detailed description of the step-by-step testing requirements, with appropriate references to standardized testing and process control procedures and laboratory analyses. vi. Summary of how the acceptance test data collected will be interpreted and protocol for determining that the specific performance criteria of discharge permit will be met. vii. Description of equipment/system limits that identify conditions that the equipment/system will only be allowed to be operated within and that are in accordance with the design criteria.

(iv) An estimated completion schedule:

A. 6 months Procurement & Engineering a. Engineering b. PLC Equipment Procurement B. 6 months Construction a. Network Installation b. PLC and SCADA System Installation

(v) A draw-down schedule:

Month 1 $22,922 10% Month 2 0% Month 3 0% Month 4 $45,845 20% Month 5 0%

K. Cleary PLC & SCADA Upgrades August 6, 2020

Month 6 $45,845 20% Month 7 0% Month 8 0% Month 9 0% Month 10 0% Month 11 $91,688 40% Month 12 $22,922 10%

(vi) A firm proposal with respect to any required adjustment to the Contract Price to reflect increased or decreased costs or expenses resulting from such Capital Modification and the addition or change of the Capital Modification Charge:

A. All work as detailed in the Statement of Work shall be completed for the sum of $229,222.00. B. The Statement of Work does not include the following: a. Testing, removal and/or disposal of hazardous or contaminated materials. b. Sales and Use Tax. c. Work specifically excepted, including, where applicable, Differences in Conditions and Subsurface Conditions. d. Sales and use tax. e. MBE/WBE/DBE.

(vii) The effect, if any, of such Capital Modifications on Contractor’s obligations hereunder:

No Change

Upon the parties entering into any applicable contract documents, Veolia is prepared to commence work. We appreciate the opportunity to submit this statement of work and look forward to working with the Town of Smithfield. Please call me at 781 290 9545 if you have any questions or comments.

On behalf of Veolia Water North America - Northeast, LLC,

Hans Tuneblom Director - Capital Program Management (CPM)

cc: K. Regan- Veolia J. Oatley - Veolia M. Johnson - Veolia

TOWN OF SMITHFIELD State of Rhode Island

Terms and Requirements for Request for Qualifications

Item Description: On-Site Wastewater Treatment System Management Plan Date and Time to be OPENED: Friday, ______, 2020 at 10:00 AM

Proposals may be submitted up to 10:00 AM on the above meeting date to the Purchasing Agent, 64 Farnum Pike, Smithfield, RI 02917, during normal business hours, 8:30 AM through 4:30 PM. All proposals will be publicly opened and read at the Town Hall Council Chambers, second floor, Town Hall.

INSTRUCTIONS

1. Qualified Proposal Statements must be sealed in an envelope clearly labeled with the above captioned item description of work. The separate sealed Proposal Fee envelope and any information relative to the Qualification Proposal Statement must be addressed to the Purchasing Agent, 64 Farnum Pike, Smithfield, RI 02917. The proposal fee envelope shall be sealed and indicate “Fee Proposal” on the outside of the separate envelope. Any communications that are not competitive sealed proposals (i.e., product information or samples) should have “NOT A BID” written on the envelope or wrapper.

2. Qualification Proposal Statements must meet the attached specifications. Any exceptions or modifications must be noted and fully explained.

3. Qualification Proposal Statement responses must be in ink or typewritten.

4. The price or prices in the separate Fee Proposal envelope should be stated both in WRITING and in NUMERALS, and any proposal not so stated may be rejected.

5. Fee Proposals SHOULD BE TOTALED WHEN APPLICABLE. Do not group items: price each item individually as instructed herein.

6. Each responder is required to state in their Qualification Proposal Statement their full name and place of residence/business; and must state the names of persons or firms with whom he/she is submitting a joint proposal. All Statements and Proposals SHOULD BE SIGNED IN INK.

7. One original Qualification Proposal Statement and two copies shall be submitted.

Page 1 of 7 TOWN OF SMITHFIELD State of Rhode Island

NOTICE TO QUALIFIED VENDORS

1. The Town of Smithfield, Rhode Island (“the Town) reserves the right to waive any and all informalities and to award the contract on the basis of the most qualified proposal statement in the best interest of the Town.

2. No qualification proposal statement will be accepted if made in collusion with any other responder.

3. A responder who is an out-of-state corporation shall qualify or register to transact business in this State, in accordance with R.I. Gen. Laws, as amended, Sections 7-1.1-99, 7-1.1-105, 7-1.1- 106.

4. The Town of Smithfield reserves the right to reject any and all Qualification Statements.

5. Qualification Statements shall be evaluated in accordance with Section VI - Evaluation Criteria, of the Request for Qualifications.

6. The Town of Smithfield reserves the right to award to one responder, or to split the award.

7. All Qualification Statements will be disclosed at the formal opening. After a reasonable lapse of time, tabulation of statements may be seen on the Town’s website (www.smithfieldri.com/bids).

8. As the Town of Smithfield is exempt from the payment of Federal Excise Taxes and Rhode Island Sales Tax, prices quoted in the separate Fee Proposal are not to include these taxes.

9. The proposer will not be permitted to either assign or underlet the contract, nor assign legally or equitably any moneys hereunder, or its claim thereto without the previous written consent of the Town Manager.

10. A certificate of insurance shall be required of a successful bidder within five (5) days of contract award. The Town of Smithfield shall be an additionally named insured in the title holder box of said certificate.

11. Qualification Statements may be submitted on an “equal” in quality basis. The Town reserves the right to decide equality. Responders must indicate brand or make offered and submit detailed specifications if other than the brand requested.

12. For contracts involving construction, alteration and/or repair work, the provisions of State Labor Law concerning payment of prevailing wage rates apply (See R.I. General Law Sec. 37-13-1 et seq. as amended).

13. No goods should be delivered or work started without Notice from the Town.

Page 2 of 7 TOWN OF SMITHFIELD State of Rhode Island

PROFESSIONAL SERVICE PROPOSAL TERMS

1. It is hereby mutually understood and agreed that no payment for extra work shall or will be claimed or made unless ordered in writing by the Town Manager or his designee. 2. Selection shall be made in accordance with Section VI - Evaluation Criteria, of the Request for Qualifications. 3. Awards will be made within ninety (90) days of the Qualification Proposal Statement opening. 4. Failure to deliver within the time quoted or failure to meet specifications may result in default action in accordance with the general specifications. It is agreed that deliveries and/or completion are subject to strikes, lockouts, accidents and Acts of God. 5. The successful responder shall, prior to commencing performance under the contract, attach and submit evidence that they have complied with the provisions of the Rhode Island Worker’s Compensation Act Title 28, Section 1, et seq (R.I.G.L.). If the successful responder is exempt from compliance under the Worker’s Compensation Act, an officer of the successful responder shall so state by way of sworn Affidavit which shall accompany the signed contract. 6. The successful responder shall, prior to commencing performance under the contract, attach and submit a certificate of insurance, in a form satisfactory to the Town by which the successful responder will indemnify and hold harmless the Town during the term of the contract from claims for personal injury or damages to property sustained by third person, or their agents, servants and/or claimed under them. 7. This is a Request for Qualifications. Responses will be evaluated on the basis of the relative merits of the submission, and firms will be ranked in order of responsiveness. The top firm will be selected and enter into fee negotiations with the Town of Smithfield. If an agreement cannot be reached between these parties, the Town of Smithfield may elect to enter into negotiations with the next highest ranked firm.

Page 3 of 7 TOWN OF SMITHFIELD State of Rhode Island

I. INTRODUCTION

The Town of Smithfield is soliciting proposal statements from qualified engineering, planning and/or community assistance firms for professional services relating to the preparation of an On-Site Wastewater Management Plan (OWTS) for the Town of Smithfield.

II. BACKGROUND

Failing or substandard On-Site Wastewater Treatment Systems (OWTS) are considered significant contributors to the degradation of surface waterbodies and groundwater. Types of nonpoint source pollution related to improperly functioning septic systems include pathogens and nutrients. According to the State of Rhode Island 303(d) List of Impaired Waters, Latham Brook, Nine Foot Brook, Lower Sprague Reservoir and the Woonasquatucket River downstream of Georgiaville Pond are considered impaired. All surface waterbodies and critical groundwater recharge areas are susceptible to pollution caused from problematic Individual Sewage Disposal Systems.

Failing OWTSs increase the phosphorous loadings into surface waters causing accelerated levels of nutrients which results in high concentrations of algae and plant growth. Failing OWTSs also pollute ground water, which results in dangerous conditions for people relying on wells for drinking. These systems serve the wastewater needs of approximately 2,700 households in Smithfield. Many of these systems, however, are substandard or are outside of their expected life expectancy. Raising the awareness of nonpoint source pollution and the need to fix failing OWTS to curb nonpoint source pollution is a high priority for the management of Rhode Island’s waters.

Furthermore, the repair of OWTSs is expensive, and as such, there is a need to address the cost prohibitive nature of addressing these issues. For example, a new conventional system for a three- bedroom home can cost from up to $30,000 depending on the environmental constraints of the site.

The proposed activity will address the need to fix failing systems by providing outreach to homeowners on the availability of low-interest loans for the repair of OWTSs. Loans are to be made available through the Rhode Island Infrastructure Bank. The Smithfield OWTS Management Plan will provide a policy and procedure, with sets of rules to allow Smithfield resident applicants which prioritize the highest need for assistance to apply for funding, made available as subsidized by the municipality.

III. PROJECT DESCRIPTION

The Town of Smithfield is located in the north-central portion of the State of Rhode Island within Providence County. The Town is seeking services to develop an On-Site Wastewater Treatment System management plan which shall serve as the basis of becoming eligible to participate in the Rhode Island Infrastructure Bank loan program to financially prioritize and assist residents of the community with septic system & cesspool repairs and replacements. Said plan must be approved by the Rhode Island Department of Environmental Management as a condition of the consultant’s scope of services.

Page 4 of 7 TOWN OF SMITHFIELD State of Rhode Island

IV. SlTE ACCESS

Areas in the Town of Smithfield outside of the areas of Town currently serviced by way of public sanitary sewers shall be considered all eligible areas within the community that may participate in this program, upon its approval and implementation.

V. SCOPE OF SERVICE

The scope of this proposal is to develop and fulfill an approved On-Site Wastewater Treatment System management plan. The plan shall be sufficient for submittal to RIDEM for State approval. The following tasks are proposed to complete this scope of work.

Task 1: Description of the Management Area. At a minimum this should include: a) Identification of the approximate number, type and locations of OWTSs. b) Map of the Management Area. c) Identification of the impacts of failed/failing systems on surface and ground waters. d) Analysis of the causes of failures.

Task 2: Description of the community assistance program for the OWTS repair/replacement. At a minimum this should include: a) Nature and extent of assistance (e.g., financial, technical, estimated number of systems to be repaired/replaced, etc.). b) Application procedure, municipal organizational structure and any eligibility criteria. c) Methods to advertise assistance. d) Identify sources of funding for repairs/replacements of failed systems.

Task 3: Methods to ensure or encourage regular OWTS maintenance in the Management Area. Acceptable options include, but are not limited to, any of the following: a) An information and education initiative with a method of tracking maintenance activities in the management area. b) An information and education initiative with inspection and maintenance incentives, such as pump-out subsidies. c) A requirement for regular inspection and maintenance, such as a wastewater management ordinance.

Task 4: Financial Analysis a) Estimated cost of repairing/replacing failed OWTSs in the area. b) Estimated cost of installing, operating and maintaining systems. c) Estimated itemized costs for OWTS Management Program, as described in items B & C.

Task 5: Designated Community Official(s) to manage and administer the Program and Implement the Program a) Create an organizational chart which integrates various departments, i.e., Planning, Finance and Inspection, so that each respective department clearly understands their

Page 5 of 7 TOWN OF SMITHFIELD State of Rhode Island

respective roles and responsibilities as may be described within the Management Plan.

Task 6: Description of the method of disposal of septage generated by maintenance activities to be conducted as part of the Program.

SCOPE REVISIONS Services not explicitly proposed herein are not included within this scope of service. In the event that project requirements change or unforeseen conditions are encountered, which require additional work beyond the agreed scope of services, the Consultant will bring those items to the attention of the Town before proceeding and obtain an addendum to the scope of services and cost. Additional services and/or deviations from the scope of service outlined herein may warrant modifications to the total fee. The Consultant will provide approved additional services and/or out-of-scope activities in accordance with the mandates rules and regulations, as approved and authorized by the Town.

VI. EVALUATION CRITERIA

The proposals from the consultant(s) will be evaluated and the consultant(s) selected based on the following criteria:

1. A description of the firm’s background and relevant work experience as related to the proposal. 2. Demonstrate knowledge and responsiveness to the proposal. 3. Overall quality and responsiveness to the proposal. 4. Financial responsibility. 5. Timeliness. 6. Services offered. 7. Understanding of the scope of the project. 8. Experience of the consultant with similar type and size services. 9. Personnel assigned to the project, resumes and hourly billing rates for the project personnel, including those of any consultant(s) who will be used in a joint venture. 10. Estimated lump sum fee to complete the Scope of Work, in a separately sealed envelope, which follows work outlined in Section V and also a cost estimate breakdown of tasks related to the cost of preparation.

The contract will be awarded based on the most qualified responsive and evaluated proposal. The Town Council reserves the right to reject any and all proposals, to waive any informality, and in general to make the award in the best interest of the Town.

GENERAL COMMENTS

Selected firm shall be responsible to assist the Town in the development of said plan and facilitate its

Page 6 of 7 TOWN OF SMITHFIELD State of Rhode Island revision to the point it is approved by RIDEM and ready for use with partners within the Rhode Island Infrastructure Bank through the issuance of community loans. Firm also shall be responsible to assist the various community departments with the implementation of the Program upon the Management Plan’s approval. Training and communication protocols to each department shall be provided so the various municipal department’s role and responsibility is defined and clear.

VII. DEADLINES

The Purchasing Agent of the Town of Smithfield must receive two (2) copies of the proposal no later than 10:00 AM on ______, 2020. Any questions regarding this project can be directed to the Town Manager at (401) 233-1010.

Once the Consultant is selected and the contract signed, the party shall have ninety (90) days to complete the required items as specified herein, as indicated in Section V and in the SCHEDULE of this specification.

SCHEDULE

The Consultant shall be prepared to begin work on this project in winter/spring 2021, upon receipt of a notice to proceed. The On Site Wastewater Management Plan shall be submitted to the Town for review, comment and revisions two weeks prior to April 30, 2021. The Consultant shall provide the Town with a final draft OWTS Management Plan for submission to RIDEM for a July 1, 2021 submission date.

VIII. INSURANCE REQUIREMENTS

The selected Firm shall be required to provide the Town of Smithfield with: • General Liability Insurance in the amount of One Million Dollars ($1,000,000), each occurrence. • Automobile Liability Insurance in the amount of One Million Dollars ($1,000,000), combined single limit. • Rhode Island Worker’s Compensation and Employee’s Liability Insurance in the amount of Five Hundred Thousand Dollars ($500,000), each accident. • Professional Liability Insurance in the amount of One Million Dollars ($1,000,000).

IX. PAYMENT TO CONSULTANT(S)

Consultants will be paid once the work is completed in accordance with the Scope of Services, or in monthly progress payments up to 75% of the contract value until the plan is submitted for approval to RIDEM.

Any extra work, which is outside the scope of this proposal, will be subject to review, approval and the execution of appropriate contract documents prior to performance of that work. Any work outside the scope of this proposal, which is performed prior to approval, will not receive compensation.

Page 7 of 7 Community Septic System Loan Program WHAT IT IS

The Community Septic System Loan Program (CSSLP) provides attractive financing to homeowners for the repair or replacement of failed, failing or substandard septic systems, or to replace a cesspool with a septic system. Interested homeowners should contact their city or town to apply.

HOW IT WORKS

• Interest-free loans with a ten-year repayment term • Residents seeking CSSLP financing must live in a are available to residential property owners municipality that participates in the program (maximum loan amount varies by community) • Municipalities wishing to participate must have an • Borrowers pay a one-time origination fee of $300 On-Site Wastewater Management Plan approved and a 1% annual servicing charge on the by DEM and be approved for financing by RIIB outstanding loan balance • Our partner, Rhode Island Housing, is responsible for loan administration and underwriting, as well as billing and collection PARTICIPATING COMMUNITIES

Bristol Narragansett South Kingstown Charlestown New Shoreham Tiverton Coventry North Kingstown Warren Glocester Portsmouth Westerly Hopkinton Richmond Jamestown Scituate

CONTACT INFORMATION

Sydney Usatine Senior Business Development Analyst Rhode Island Infrastructure Bank 401-808-6676 [email protected]

Ruth Anglon Community Lending Rhode Island Housing 401-457-1127 [email protected]

Visit www.RIIB.org for more information. Onsite Wastewater Management Plan & Project Criteria May 11 , 2015

Municipalities must have or develop a management plan for the repair/replacement and maintenance of ISDS in the management area, which is to be defined by the municipality. Each plan will be subject at a minimum to a town public hearing and DEM approval. 1

Elements of the plan must, at a minimum, include:

A. Description of the management area. At a minimum this should include:

• Identification of the number, type and location of ISDSs. • Map of the management area. • Identification of the impacts of failed/failing systems on surface and ground water. • Analysis of the causes of failure.

B. Description of the community assistance program for ISDS repair/replacement. At a minimum this should include:

• Nature and extent of assistance (e.g., financial, technical, estimated number of systems to be repaired/replaced, etc.). • Application procedure and any eligibility criteria. • Method(s) to advertise assistance. • Communities must identify a source(s) of funding for repair/replacement of failed septic systems.

C. Method to ensure or encourage regular ISDS maintenance in the management area. Acceptable options include, but are not limited to, any of the following:

• An information & education initiative with a method for tracking maintenance activities in the management area. • An information & education initiative with inspection and maintenance incentives, such as pump-out subsidies. • A requirement for regular inspection and maintenance, such as a wastewater . 2 management ord mance.

D. Financial analysis:

1DEM NPS Program staff will be available to assist with the development and implementation of all plan elements.

2 A Wastewater Management District as defined in the Rhode Island Septic System Maintenance Act of198 7 (RIGL 45-24.5-1 et seq.).

1 Onsite Wastewater Management Plan & Project Criteria May 11 , 2015

• Estimated cost ofrepairing/replacing failed ISDS in the area. • Estimated cost for installing, operating, and maintaining sewer extensions. • Estimated itemized costs for ISDS management program as described in items B & C.

E. Designated community official(s) to manage and administer the program and implement the plan.

F. Description of the method for disposal of septage generated by maintenance activities to be conducted as part of the program.

RHODE ISLAND CLEAN WATER FINANCE AGENCY

LOAN POLICIES AND PROCEDURES

COMMUNITY SEPTIC SYSTEM LOAN PROGRAM

REVISED - [December, 2014]

AUTHORITY: Policies and Procedures adopted in accordance to Title VI of the Federal Clean Water Act and Chapter 46-12.2 of the General Laws of Rhode Island.

RHODE ISLAND CLEAN WATER FINANCE AGENCY

LOAN POLICIES AND PROCEDURES

for the

COMMUNITY SEPTIC SYSTEM LOAN PROGRAM

I. PURPOSE: These Loan Policies and Procedures of the Rhode Island Clean Water Finance Agency (Agency) have been established to govern the lending activities between the Agency and local governmental units in the state of Rhode Island in connection with a Community Septic System Loan Program (CSSLP) under and pursuant to Title VI of the Federal Clean Water Act and Chapter 46- 12.2 of the General Laws of Rhode Island as amended.

II. DEFINITIONS: Except as otherwise defined herein, the words and phrases used within these Loan Policies and Procedures have the same meaning as the words and phrases have in Chapter 46-12.2 of the General Laws of Rhode Island as amended.

III. FINANCIAL ASSISTANCE: The objective of these Loan Policies and Procedures is to provide financial assistance to local governmental units to initiate a program of septic system repair in their community. The CSSLP is a source of funds to provide subsequent loans to homeowners for the repair or replacement of failed or failing septic systems or substandard systems within areas identified in the local government unit's On-site Wastewater Management Plan.

The RICWFA and the local governmental unit will establish a relationship to be evidenced by a loan agreement to provide financing for repair or replacement of failed, failing or substandard systems in that community. Rhode Island Housing and Mortgage Financing Corporation (RI Housing) will be the loan servicer on the subsequent homeowner loans. RI Housing will: accept applications from homeowners; coordinate payments to septic system installers/homeowners; collect repayments from homeowners; credit the homeowner repayments to the principal payment responsibility of the local governmental unit; and make monthly reports to both the Agency and the local governmental unit.

IV. LOAN APPLICATION: Request for financing under the Community Septic System Loan Program should be submitted in writing by the chief executive officer of the local governmental unit to the Executive Director of the Agency. No particular form of application shall be required but the written request should generally include:

1) A projection of the estimated need for repair or replacement of failed or failing system as contemplated by the Community’s program and identified

Page 2 of 6 in the On-site Wastewater Management Plan prepared by the local governmental unit.

2) Indication of approval of the Local Governmental Unit program for on-site septic system repair or replacement as outlined in its On-site Wastewater Management Plan by the Department of Environmental Management (DEM).

3) A description of the dedicated source of loan security in the event of homeowner loan default or non-payment, i.e., pledge of general revenues from property taxes of cities and towns, property liens, or other source available to the local governmental unit and deemed appropriate by the RICWFA.

4) A description of the overall operation of the local governmental unit with an emphasis on (a) legal structure; (b) management; (c) sources of revenues; (d) operating expenses; (e) operating surpluses or deficits; (f) actual results versus budget; and (g) sources of financial liquidity. The most recent annual report or audited financials may be submitted in satisfaction of all or any part of this item.

5) Legal authority or authorities to borrow for the Community Septic System Loan Program.

6) Such other information as will support a finding by the Agency that committing to the loan will not have an adverse impact on the finances of the Agency or its other borrowers.

V. LOAN APPROVAL PROCESS: Subject to availability of Agency funds and to prioritization by DEM of programs as outlined in the communities’ On-site Wastewater Management Plans, loan applications will be considered for approval by the Board of Directors of the Agency for any eligible local governmental unit. The local governmental unit will provide a general obligation pledge, note in fully marketable form, or other assurance deemed appropriate by the Agency to ensure repayment of the CSSLP loan. A credit review of the local governmental unit and report by the Executive Director will be taken into consideration by the Board of Directors. The credit review shall include, but not be limited to, the following:

1) sources of revenue and financial liquidity; 2) historical and projected financial operating results; 3) present and future debt service requirements; 4) impact of dedicated user fees and/or general revenues; 5) socioeconomic conditions and trends; and 6) effects of legal structure and any regulatory control.

Page 3 of 6 VI. TERMS AND CONDITIONS: The homeowner repayment stream will be credited towards the community’s responsibility for repayment of the principal portion of the CSSLP loan.

1) Rate - The CSSLP loan to the local governmental unit from the Agency will be at a rate of zero percent (0%).The subsequent loans to homeowners will carry an interest rate of zero percent (0%) and service fees equivalent to 1% of the outstanding balance of the homeowners loan to be distributed as follows:

RI Housing 0.5% Homeowner Loan Service Fee RICWFA .5% Community Loan Service Fee 1.0% Total CSSLP Fees

In addition to the service fees set forth above, the homeowner shall also pay a loan origination fee (Loan Origination Fee) at the time of closing to Rhode Island Housing in the amount of three hundred dollars ($300.00).

(CSSLP loan rates are subject to periodic changes as per Section X of this document.)

2) Community Fees - The local governmental unit will be responsible for its own out of pocket closing costs, i.e. borrower's counsel fees and financial advisor fees.

3) Amortization - The loan repayments from the homeowners will provide the principal and interest repayments to the Agency. As the primary borrower, the local government unit is responsible for any shortfall or default in the repayments from the homeowners. Amortization on the local governmental unit's loan will begin on the first day of the quarter after the loan closing and on a quarterly basis thereafter. RI Housing will collect payments from the homeowners and make principal and interest payments to the Agency on behalf of the local governmental unit.

4) Prepayments - The loan may be prepaid by the borrower at any time but may be subject to a prepayment penalty based on the cost of reinvesting the prepayment or any other negative financial impact to the Agency.

5) Security - Loans will have a pledge of (a) general revenues; and/or (b) may be secured by any revenues or other assets which the Agency deems appropriate to protect the interest of the other participants in the loan programs of the Agency, other creditors of the Agency, bondholders, or the finances of the Agency. The obligations of the Borrower may be subject to and dependent upon appropriations being made by the Borrower for such purposes.

Page 4 of 6

6) Loan Advances - The local governmental unit will indicate in written form an estimate of it's yearly requirement for septic system or substandard system repairs. As loans to homeowners are originated, the Agency will advance the necessary amount for disbursement for approved project costs. RI Housing will act as paying agent on behalf of the local governmental unit for payments to contractors/homeowners for approved project costs.

7) Community Specific Criteria for Homeowner Loans - The community may apply specific homeowner loan criteria such as; number of estimates needed from licensed septic system installers; maximum number of housing units per structure allowed access to CSSLP; owner/non-owner occupied borrowers; whether inhabitants of areas planned for sewer extension are eligible; and other such specific requirements. The community may not raise or lower the current homeowner CSSLP fee of 1% but may combine the CSSLP with other sources of money so as to provide a greater dollar amount available for loans or to provide a greater economic incentive for homeowners to repair or replace the failed septic systems. Any additional criteria applied by the local governmental unit cannot negate or otherwise overrule any federal and state laws and regulations which apply to the CSSLP.

8) Ineligible Project Costs - The funding of group or cluster septic system projects is not allowed under the CSSLP. Septic system projects on commercially owned property are not allowed under the CSSLP. Homeowner loans will be used for septic system repair or replacement only. CSSLP loans cannot be used for bathroom or kitchen improvements, additions or remodeling.

VII. REPORTING REQUIREMENTS: Community borrowers will be required to provide information to the Agency during the life of the loan. Required information includes:

1) A record of the number and type of repaired or replaced septic systems funded by this program.

2) A copy of its Annual Audited Financial Statements in accordance with Generally Accepted Government Accounting Standards annually within 180 days of end of fiscal year.

3) Copies of reports submitted to RIDEM, the Environmental Protection Agency (EPA) and any other regulatory agency relating to the septic systems financed by the loan.

Page 5 of 6 4) Other information or reports that the Agency deems appropriate.

VIII. LOAN DOCUMENTS: The terms and conditions of each loan will be evidenced by an agreement outlining the specific terms and conditions of the loan and such agreement will be accompanied by an opinion of counsel, as required by the Agency enabling act.

IX. COMPLIANCE WITH STATE AND FEDERAL LAW: Recipients (the community) of loans must comply with all applicable state and federal laws and regulations.

X. MODIFICATIONS: Where deemed appropriate by the Agency, waiver or variation of any provisions herein may be made or additional requirements may be added.

______

William Sequino, Jr., Executive Director

Public Notice Date: October 20, 2014 Public Hearing Date: November 24, 2014 Filed With Secretary of State: December 15, 2014 Effective Date: January 5, 2015

Page 6 of 6 Town of Smithfield OFFICE OF FINANCE DIRECTOR/TAX COLLECTOR 64 FARNUM PIKE SMITHFIELD, RHODE ISLAND 02917 TELEPHONE: (401) 233-1072 FACSIMILE: (401) 233-1060 EMAIL: [email protected]

BRIAN SILVIA FINANCE DIRECTOR

DATE: SEPTEMBER 23, 2020

TO: HONORABLE TOWN COUNCIL FROM: Brian Silvia, FINANCE DIRECTOR

SUBJECT: General Liability Insurance – Town-Wide

Honorable Council,

It has recently been brought to the attention of the municipal staff during vetting of the insurance requirements for the pending streetlight conversion program the Town of Smithfield’s existing General Liability Insurance Coverage with the RI Interlocal Trust is insufficient to meet the National Grid requirements of $5,000,000 of coverage to additionally insure their company.

In further discussions with the RI Trust, it was discovered that Smithfield is currently provided with the minimum allowable insurance coverage for General Liability, presently at $1,000,000. It was also discovered that Smithfield is the only participating member of the Interlocal Trust in Rhode Island that is insured to this minimum level of coverage.

Additionally, consideration of the added coverages provides blanket insurance for General Liabilities across all aspects of the public spectrum, i.e., police, fire, public works, parks, senior services, sewer, water, sidewalks, trips/falls, etc. Understanding that a claim could easily result in a case that exceeds $1,000,000, the Town is currently vulnerable for any excess beyond that amount that the Town could be found liable for.

It is recommended that the Town Council consider added insurance coverage for General Liability across the broad base of the Town’s overall General Liabilities. The Trust has provided an estimate of premium to amend the added insurable coverage to $5,000,000 and $3,000,000. Any agreement to amend the existing policy would be prorated based on the timing of when such a transaction would occur within the policy year.

Conclusion:

The recommendation is to consider authorization to amend the Town’s insurance policy for General Liability as has been recommended by our insurer and this department.

townofsmithfield SMITHFIELDRI.COM @SmithfieldRI

MOVED: The Smithfield Town Council hereby authorizes the Town Manager to amend the insurance policy with the Rhode Island Intralocal Trust to extend the town’s general liability insurance coverage to $5,000,000 for a fee not to exceed $60,912 for the annual premium.

Attachments: 09/17/2020 Interlocal Trust email

Cc: Randy R. Rossi, MBA, CGFM, Town Manager Kevin Cleary, Town Engineer

townofsmithfield SMITHFIELDRI.COM @SmithfieldRI

Kevin Cleary

From: Brad Weaver Sent: Thursday, September 17, 2020 4:11 PM To: Kevin Cleary Cc: Randy Rossi; Lori Banno; Colleen Bodziony Subject: RE: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Good Afternoon Kevin, At your request I reached out to our reinsurers and confirmed that a program to cover just the excess liability for only the streetlights under the National Grid purchase program does not exist.

Since your prior inquiry, I learned that the vast majority of Cities and Town’s in the National Grid program have chosen to purchase the additional coverage. I also went through the list of municipalities, and the majority of Municipalities have a liability limit of $5,000,000. Smithfield is the only town with a limit of $1,000,000.

I spoke with Town Manager Randy Rossi late yesterday. He asked me to quote the following limits: $3,000,000: The additional premium is $49,153 $5,000,000: The additional premium is $60,912 This premium would be prorated based on when it is added to the policy.

The recommendation of The Trust would be to purchase the additional coverage. The current liability limit of $1,000,000 is the minimum offered through The Trust program. The savings realized from the Streetlight Program will offset the insurance cost. The Town will also receive the added benefit of having the increased liability limits available for some of the higher hazard risks such as Automobile Liability, Police Professional Liability, and Public Officials Liability.

If you need any additional information, please let me know. I can be reached at 401-447-9971

Brad L. Weaver, CIC, CPCU Director of Property & Casualty Underwriting

501 WAMPANOAG TRAIL, SUITE 301 EAST PROVIDENCE, RI 02915 Tel: (401) 438-6511 ext. 562 Fax: (401) 438-6990 Email: [email protected] www.ritrust.com

Confidentiality Notice: This email message and any attachments may contain privileged and confidential information, including information protected by federal and state privacy laws. The information is intended for the use of the designated recipient(s) of the message. If you are not an intended recipient, please notify the sender immediately by telephone at (401) 438-6511 or reply email to [email protected], and delete the message from your email system, without retaining a copy. Unauthorized use, dissemination, distribution or reproduction of this message by other than the intended recipient is strictly prohibited and may be unlawful. Thank you.

From: Kevin Cleary Sent: Wednesday, September 16, 2020 1:28 PM To: Brad Weaver Cc: Randy Rossi ; Lori Banno ; Colleen Bodziony Subject: RE: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Hi Brad,

Are there any other insurers you can offer, or recommend, that could perhaps quote us a gap insurance quote for this item of general liability which N-Grid requires?

I also have questions being submitted to N-Grid to request why their allotment for this General Liability is set so high.

Thank you for any recommendations you can provide.

Kevin Cleary, PE, LSIT Town Engineer |Town of Smithfield 64 Farnum Pike | Smithfield, RI | 02917 P: 401-233-1041 |F: 401-233-1091 E: [email protected] W: www.smithfieldri.com

From: Brad Weaver [mailto:[email protected]] Sent: Wednesday, September 09, 2020 2:54 PM To: Kevin Cleary Cc: Randy Rossi; Lori Banno; Colleen Bodziony Subject: FW: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Good Afternoon Kevin, Thank You for the call earlier today and the follow up email. In response to your questions below:

1. By agreeing to “Opt-out” and self-insure for the limits above $1M, and up to the $5M required by National Grid, the Town is agreeing to self-insure for any legal obligations between $1M and $5M. Since The Town of Smithfield has elected to maintain a Liability limit of $1M through The Trust, The Town is already self-insuring for liability losses above $1M. 2. For the Town of Smithfield to purchase the $4M in excess of their current limit of $1M, the premium would be $60,912. This would bring The Towns limit for Liability up to $5M. This would include General Liability, Police Professional, Automobile Liability, and Public Official Liability. 3. At present time we do not track who has purchased street lights through the National Grid program. The decision to “Opt out” is a community by community decision. Liability Limits through the program, at The Trust, range from $1M to $5M. Approximately 1/3 of the Municipalities with coverage through The Trust have liability limits below $5M.

I hope this helps. Feel free to give me a call with any questions.

Brad L. Weaver, CIC, CPCU Director of Property & Casualty Underwriting

501 WAMPANOAG TRAIL, SUITE 301 EAST PROVIDENCE, RI 02915 Tel: (401) 438-6511 ext. 562 Fax: (401) 438-6990 Email: [email protected] www.ritrust.com

From: Kevin Cleary Sent: Wednesday, September 9, 2020 12:02 PM To: Brad Weaver Cc: Randy Rossi Subject: RE: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Thanks Brad,

And thank you for the conversation about excess insurance.

Here’s a “sample letter” of what N-Grid sent for us to sign in the event the Town’s insurance for General Liability is insufficient, according to their company requirements.

I’ve also attached a “modified” version of that letter, as I submitted to them, which they have balked on and are reviewing with their company policy experts/staff. The modified content only relates to the General Liability paragraph.

My questions are: 1. What risk does the Town contemplate by opting out and agreeing to self-insure above the $1M, but below the $5M they require? 2. What does $5M of added insurance coverage equal in premium for the Town to consider? 3. Are there any other communities that have opted out, as Grid allows, for discrepancies between the two insurable gaps? a. If so, do those communities put themselves at unmanageable risk that we should not put Smithfield in?

Please review the two letters and if I may request, you to offer some insurance advice in this regard.

Thank you.

Kevin Cleary, PE, LSIT Town Engineer |Town of Smithfield 64 Farnum Pike | Smithfield, RI | 02917 P: 401-233-1041 |F: 401-233-1091 E: [email protected]

3 W: www.smithfieldri.com

From: Brad Weaver [mailto:[email protected]] Sent: Friday, September 04, 2020 5:47 PM To: Kevin Cleary Subject: Re: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Kevin, I took a look at the lights in my neighborhood last night. They are a white light.

Have a good weekend, Brad

Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android

From: Kevin Cleary Sent: Thursday, August 27, 2020 9:16:18 AM To: Brad Weaver Cc: Lori Banno ; Colleen Bodziony ; Michelle Auclair ; Randy Rossi Subject: RE: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Hi Brad,

Thanks for the call yesterday and explaining the coverages and thank you for providing the requested documents so quickly!

Have a good day.

Kevin Cleary, PE, LSIT Town Engineer |Town of Smithfield 64 Farnum Pike | Smithfield, RI | 02917 P: 401-233-1041 |F: 401-233-1091 E: [email protected] W: www.smithfieldri.com

From: Brad Weaver [mailto:[email protected]] Sent: Wednesday, August 26, 2020 5:02 PM To: Kevin Cleary Cc: Lori Banno; Colleen Bodziony; Michelle Auclair Subject: RE: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Good Afternoon Kevin, Attached are the Evidence of Insurance that we discussed. Per our discussion, The Town of Smithfield carries Auto & General Liability in the amount of $1,000,000.

Please let me know if you have any questions. I can be reached at 401-447-9971.

Brad L. Weaver, CIC, CPCU Director of Property & Casualty Underwriting

501 WAMPANOAG TRAIL, SUITE 301 EAST PROVIDENCE, RI 02915 Tel: (401) 438-6511 ext. 562 Fax: (401) 438-6990 Email: [email protected] www.ritrust.com

From: Michelle Auclair Sent: Wednesday, August 26, 2020 2:31 PM To: Lori Banno ; Brad Weaver Cc: Colleen Bodziony Subject: Fw: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Hi Lori & Brad,

I assume this is something we've been involved with for other Members? Could one of you please reach out to Kevin to provide him some assistance?

Thanks in advance, Michelle

Michelle Auclair

Member Services Manager

The linke d imag e cann ot be displ ayed . Th…

501 WAMPANOAG TRAIL, SUITE 301

EAST PROVIDENCE, RI 02915

Tel: (401) 438-6511 ext. 523

Fax: (401) 438-6990

5 Email: [email protected] www.ritrust.com

From: Kevin Cleary Sent: Wednesday, August 26, 2020 1:08 PM To: Michelle Auclair Subject: FW: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Hi Michelle,

In Colleen’s absence, may I please forward this request to you for insurance consideration?

Thank you.

Kevin Cleary, PE, LSIT

Town Engineer |Town of Smithfield

64 Farnum Pike | Smithfield, RI | 02917

P: 401-233-1041 |F: 401-233-1091

E: [email protected]

W: www.smithfieldri.com

From: Kevin Cleary Sent: Tuesday, August 25, 2020 4:17 PM To: 'Colleen Bodziony'; 'Bryan Murray' Cc: Randy Rossi; Gene Allen; Brian Silvia Subject: FW: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Hi Colleen & Bryan, 6

As a participating community member within the Trust, the Town of Smithfield is actively pursuing acquisition of National Grid streetlight inventory and will be making a substantial investment once we own the assets to convert them to energy saving LEDs.

Having said that, National Grid is requiring the Town to carry sufficient insurance to satisfy their requirements as a customer owned utility.

Is this something that you can assist the Town with providing the required coverages for?

Please let me know if you need further information from the Town, i.e., N-Grid/Town agreement forms, our existing contract with the contractor completing the work, etc.

Thank you.

Kevin Cleary, PE, LSIT

Town Engineer |Town of Smithfield

64 Farnum Pike | Smithfield, RI | 02917

P: 401-233-1041 |F: 401-233-1091

E: [email protected]

W: www.smithfieldri.com

From: Spangler, Lori J. [mailto:[email protected]] Sent: Tuesday, August 25, 2020 3:51 PM To: Kevin Cleary; Randy Rossi; Gene Allen; Drummond, Jerry; [email protected]; Brian Woodbury Subject: RE: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Thanks Kevin.

7 I have attached a letter template that we ask town’s to submit to National Grid in addition to the certificate of insurance provided by the RI interlocal trust.

Ngrid has developed this letter as a solution to fill the void between the interlocal trust’s coverage and the insurance requirements in the closing documents.

Regards, Lori

From: Kevin Cleary Sent: Tuesday, August 25, 2020 9:30 AM To: Spangler, Lori J. ; Randy Rossi ; Gene Allen ; Drummond, Jerry ; [email protected]; Brian Woodbury Subject: RE: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Hi Lori,

Yes we are a participating member of the RI Trust.

Kevin Cleary, PE, LSIT

Town Engineer |Town of Smithfield

64 Farnum Pike | Smithfield, RI | 02917

P: 401-233-1041 |F: 401-233-1091

E: [email protected]

W: www.smithfieldri.com

From: Spangler, Lori J. [mailto:[email protected]] Sent: Monday, August 24, 2020 7:40 PM To: Kevin Cleary; Randy Rossi; Gene Allen; Drummond, Jerry; [email protected]; Brian Woodbury Subject: Re: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Thanks Kevin. One more question.

Is the town insured by the RI interlocal trust?

If so, I have one more piece of paperwork for you to accompany your certificate of insurance.

Please let me know.

Thanks

Lori

Lori J Spangler, Manager

National Grid

Community and customer management

Cell 401-623-0200

[email protected]

From: Kevin Cleary Sent: Monday, August 24, 2020 4:34:38 PM To: Spangler, Lori J. ; Randy Rossi ; Gene Allen ; Drummond, Jerry ; [email protected] ; Brian Woodbury Subject: EXT || RE: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Hi Lori,

Thank you for this information. I’ll get on this right away and hopefully have the package sent out mid-week.

Appreciate your assistance.

Kevin Cleary, PE, LSIT Town Engineer |Town of Smithfield 64 Farnum Pike | Smithfield, RI | 02917 P: 401-233-1041 |F: 401-233-1091 E: [email protected] W: www.smithfieldri.com

9 From: Spangler, Lori J. [mailto:[email protected]] Sent: Monday, August 24, 2020 3:54 PM To: Kevin Cleary; Jeff Broadhead; Randy Rossi; Gene Allen; Drummond, Jerry; [email protected] Subject: FW: Town of Smithfield - Street Light Purchase Updated Closing Documents 2020

Good afternoon Kevin,

I am in receipt of the town of Smithfield’s notice to purchase its street lights dated July 27, 2020.

The closing documents for the street light asset sale to the Town of Smithfield are attached. Please forward to anyone I may have missed. As you know, the company had most recently sent pricing December 2018. The updated current price is $1.00 for the value of 2,128 luminaires, 243 non-distribution poles, and the supporting equipment. The new pricing term guidelines have been added as the first worksheet in the pricing file. The company’s methodology for calculating the sale price remains the same. The length of time for a price to remain valid and the terms of updated pricing requests are explained in the guidelines.

The pricing sheets, closing documents and the billing inventory listing the assets included for sale are attached to this email.

During the stay-at-home period of the pandemic, our processing of the asset sale has changed temporarily.

• The town should sign two sets of the closing documents: Agreement of Sale and the Attachment Agreement, including the Acknowledgement for the Use of Qualified Electrical Workers (Appendix Form G).

o Once signed, the full agreements, check payment and insurance documentation should be scanned and forwarded electronically to [email protected].

o Then, both original sets of the documents should be mailed to the address below. National Grid Attn: Outdoor Lighting 40 Sylvan Rd, 3rd Floor West Waltham, MA 02451

o The company will sign both sets and an original will be returned to the town once we are able to return to the office.

o The inventory listing provided as “Exhibit A” to the Agreement of Sale will be updated after the closing date and delivered to the town with the signed agreements.

• In addition to the signed closing documents, the following should also be returned:

o Check payment of $1.00

o Proof of insurance as required in the Attachment Agreement

o Contact information for repairs and emergency maintenance

A contact for Customer Service to provide to callers reporting streetlight outages of town owned lights for use during normal business hours

An emergency contact available 24 hours/7 days for our Dispatch Center to notify the town of streetlight knock-downs, damage due to storms or motor vehicle accidents

• Our crews will make the situation safe, leave the town’s equipment close by and notify the town.

• The company will communicate to the town that the street light asset sale is complete once the company has received the electronic versions of the signed closing documents, payment and confirms that the insurance requirements as stated in the Attachment Agreement have been met. 10 • After the town owns the streetlight facilities and if the town intends to replace the existing luminaires with LED fixtures, the town should be aware that:

o Per the Agreements, the town is to request the company de-energize the existing fixtures prior to any material change. However, if the town uses qualified electrical workers per the OSHA requirement and signs the Acknowledgement Form G, as stated above, the company will not be required to de-energized the existing equipment.

o During the installation of the LED fixtures, a disconnect device such as an in-line fuse should be installed per the company’s engineering standard. This will allow the town’s workers to disengage the fuse and work in a safer condition during future maintenance and repairs.

o Further information is provided in the Attachment Agreement and the Recommendations for Customer Owned Streetlighting.

o Notification of material or operating schedule changes (such as LED exchanges) should be submitted to the company using the Forms A-1 and A-2 found in the Attachment Agreement Appendix. Along with the manufacturer’s specification sheets, this will allow the company to update the billing records appropriately.

• After the closing, the town’s billing accounts will be updated with the change in ownership and billing on the S- 05 rate tariff for Street and Area Lighting-Customer Owned Equipment.

o This transition will take the company time to process but all changes will be effective with the closing date.

o The existing bill accounts will be final billed. The individual components will be transferred to new accounts on the S-05 tariff and the town will be charged for the energy consumption of the lights, no Facility Charges.

• The town is required to join the National Joint User Notification System’s database for coordination of transferring the town owned lights attached to distribution poles when a pole needs to be replaced or relocated. There is no charge to the town to become a member.

• A second inventory file has been provided, “Full-All Town…”. This file contains the pole locations of third-party lighting not for sale to the town. It is offered to assist in the town’s verification and to return post-sale with lighting updates for billing changes, such as LED conversions.

• Additional information can be found in the Customer Recommendations, Costs to Consider, the company’s Equipment Standard, Municipal Message for Pole Transfers, and NJUNS FAQ’s provided here for reference.

• The current S-05 tariff can be accessed through this link or on the company’s website by searching for “service rates”: http://www.nationalgridus.com/narragansett/non_html/rates_tariff.pdf

Please let me know if you have any questions.

Regards,

Lori J. Spangler, Manager National Grid Community and Customer Management 280 Melrose Street Providence RI 02917 Cell: 401-623-0200 [email protected]

This e-mail, and any attachments are strictly confidential and intended for the addressee(s) only. The content may also contain legal, professional or other privileged information. If you are not the intended recipient, please notify the sender immediately and then delete the e-mail and any attachments. You should not disclose, copy or take any action in reliance on this transmission.

You may report the matter by contacting us via our UK Contacts Page or our US Contacts Page (accessed by clicking on the appropriate link)

Please ensure you have adequate virus protection before you open or detach any documents from this transmission. National Grid plc and its affiliates do not accept any liability for viruses. An e-mail reply to this address may be subject to monitoring for operational reasons or lawful business practices.

For the registered information on the UK operating companies within the National Grid group please use the attached link: https://www.nationalgrid.com/group/about-us/corporate-registrations

Memorandum

September 30, 2020 TO: Smithfield Town Council FROM: Thomas J. Tullie, Ice Rink Director SUBJECT: COUNCIL AGENDA ITEM COVER SHEET

SUBJECT:

LiveBarn Online Broadcast System at the Smithfield Municipal Ice Rink.

BACKGROUND:

LiveBarn, Inc. recently contacted the Ice Rink about the possibility of installing their on demand broadcast system in our facility. The LiveBarn a subscription based product that provides live and on demand online broadcasts of professional, amateur, and youth sports from venue locations across the United States and Canada.

FINANCIAL IMPACT:

The Ice Rink will receive a percentage of all revenues from individual subscriptions.

ATTACHMENTS:

LiveBarn Product Sheet, LiveBarn Venue Agreement.

MOTION:

MOVED, the Smithfield Town Council approves the installation of the LiveBarn Online Broadcast System for virtual viewing, pending the Town Solicitor's approval of the venue agreement.

VENUE AGREEMENT DATE: 1.3 All content broadcast using the Automated Online Broadcast Service, including the video and audio BETWEEN: LIVEBARN INC. (“LiveBarn”) relating to all sports and recreational activities occurring on each Ice Rink Sheet (collectively, the “Content”), will be and made available to LiveBarn’s subscribers on a monthly subscription basis, subject to sections 1.6 and 1.7 below. ______(“Venue Owner”) LiveBarn will determine the pricing for its offerings of the Automated Online Broadcast Service. From time to time WHEREAS LiveBarn Inc. and Venue Owner wish to enter LiveBarn may provide a free trial at its discretion. into this Agreement pursuant to which LiveBarn will install at Venue Owner’s Ice Rink Sheet described in the attached 1.4 Revenue generated from the Automated Online Schedule “A” (each being an “Ice Rink Sheet”) a fully Broadcast Service will be the property of LiveBarn; automated sports broadcasting system for the delivery of however, LiveBarn will supply Venue Owner with a unique live and/or on demand video and audio streaming to code to enable it to market and solicit new memberships for internet connected devices such as smartphones, computers LiveBarn, for which LiveBarn will pay Venue Owner thirty or tablets (the “Automated Online Broadcast Service”); percent (30%) of the revenues generated from these memberships over the full lifetime of these memberships - NOW, THEREFORE, in consideration for the mutual until such membership is discontinued. The above code promises set out below, and for other good and valuable will enable Venue Owner to solicit LiveBarn memberships consideration acknowledged by the parties, LiveBarn and by providing potential members with the attraction of a Venue Owner agree as follows: 10% discount. This code will track the memberships generated by Venue Owner on a quarterly basis. The above 1 AUTOMATED ONLINE BROADCAST payments to Venue Owner will only apply to LiveBarn SERVICE memberships originated with the unique code allocated to 1.1 LiveBarn shall, at its own expense, install and Venue Owner. LiveBarn will pay Venue Owner its maintain all hardware, software and internet bandwidth revenue share within 30 days of the end of each calendar required for the operation and maintenance of the quarter together with a corresponding revenue statement. Automated Online Broadcast Service in regards to each Ice Venue Owner will provide a staff person to communicate Rink Sheet. The initial installation will occur within six with and receive LiveBarn’s various local marketing months from the date of this Agreement (such six month initiatives (including social media) as described below. date being herein referred to as the "Latest Install Date"); it will be scheduled with the written approval (including 1.5 LiveBarn shall be the exclusive owner of all email) of Venue Owner, and concurrently with the rights in and to the Content, and shall have the exclusive installation, LiveBarn will specifically explain to Venue right to broadcast the Content for all purposes and in any Owner representative onsite exactly where any hardware or manner it determines in its sole discretion, including by other components will be installed. Installation will then providing its broadcast signal to national broadcasters and only proceed with the consent of Venue Owner which digital media distributors. Without limiting the foregoing, consent will be deemed upon LiveBarn undertaking its the Venue Owner acknowledges that online distributions of installation. The initial installation for each Ice Rink Sheet the Content from each Ice Rink Sheet will be made shall include one (1) computer, one (1) router, one (1) available to all subscribers of the Automated Online modem, between one (1) and three (3) power converters, Broadcast Service, subject to sections 1.6 and 1.7 below. and up to two (2) cameras to be placed on the side walls or on the beams or columns extending from the walls. The 1.6 LiveBarn will provide Venue Owner with an internet connection and computer shall be located adjacent exclusive online administrative password to enable Venue to the respective Ice Rink Sheet in a secure location with Owner in its discretion to “blackout” any particular dates or electrical power outlets. The exact selection of camera time periods from being broadcast on any selected Ice Rink locations will be made after consideration for optimal Sheet (the “Blackout Restrictions”). broadcast quality and avoidance of any obstruction. Any modification to the installation will only be undertaken 1.7 LiveBarn will also provide Venue Owner with with the permission and process with Venue Owner as the ability in its discretion to restrict viewer access to any outlined above. Venue Owner shall assume the cost of broadcasts from its Venue to a pre-selected potential electricity for the components installed in connection with audience for privacy purposes. this Agreement. 1.8 During the Term (as defined below), LiveBarn 1.2 In addition LiveBarn shall, at its expense and will provide Venue Owner with three (3) complimentary upon Venue Owner’s request, install one advertising LiveBarn accounts for each Ice Rink Sheet. management box adjacent to a TV screen that is provided by the Venue. The LiveBarn advertising management box 1.9 LiveBarn will hold Venue Owner harmless for will display a combination of LiveBarn highlights and a any injuries to LiveBarn employees and agents in Live feed, as well as additional LiveBarn information. connection with their work.

1 | Page VENUE AGREEMENT entitled to an injunction in a court of competent jurisdiction 2 TERM AND TERMINATION against such breach. However, no specification in this Agreement of any specific legal or equitable remedy shall be 2.1 The term of this Agreement commences on the construed as a waiver or prohibition against any other legal or date hereof and continues until the fifth year anniversary of equitable remedies in the event of a breach of any of the the Latest Install Date (the “Term”), and it will provisions of this Agreement. automatically renew for successive terms of two (2) years, unless either party notifies the other in writing of its intent 4 SUPPLY OF AUTOMATED ONLINE to discontinue this Agreement at least ninety (90) days BROADCAST SERVICE before the expiration of the then current term. 4.1 LiveBarn will use reasonable skill and care to 2.2 Notwithstanding the foregoing, but subject to make the Automated Online Broadcast Service available Subsection 3.1 below, either party shall have the right to throughout the Term. Notwithstanding the foregoing, terminate this Agreement for any reason upon giving (90) LiveBarn shall have no responsibility, liability, or obligation days written notice to the other party. whatsoever to Venue Owner, or any other third party, for any interruptions of the Automated Online Broadcast Service. 2.3 Upon termination of this Agreement by expiration of the term or for any other cause, LiveBarn 4.2 LiveBarn may, without any liability to Venue shall, at its own cost and expense, remove all hardware, Owner, suspend the supply of all or part of the Automated software and wiring from Venue Owner's location. Online Broadcast Service upon giving Venue Owner notice. This would occur if the LiveBarn equipment is repeatedly damaged or LiveBarn is unable to obtain a 2.4 Venue Owner shall have the right to terminate this sufficient internet signal to the venue. Agreement if LiveBarn materially breaches this Agreement and the material breach is not cured to within forty 4.3 The Venue Owner agrees to notify LiveBarn by (40) days after Venue Owner provides written notice which email to [email protected] as soon as it becomes outlines such breach to LiveBarn. aware of any interruption or malfunction with the Automated Online Broadcast Service. Venue Owner will not be responsible for damage or malfunction of any 3 EXCLUSIVITY equipment and LiveBarn will repair or replace at its cost 3.1 In consideration for the investment of time and any malfunctioning components which is required. Any expense incurred by LiveBarn to fulfill its obligations required service visit by LiveBarn will be scheduled with under this Agreement, the receipt and sufficiency of which the written approval (including email) of Venue Owner. is hereby acknowledged, the Venue Owner hereby declares LiveBarn will specifically explain the repair, replacement and agrees that for a period of five (5) years from the or service work to Venue Owner representative onsite and commencement date of the Term, and notwithstanding the this work will only proceed with the consent of Venue termination of this Agreement by the Venue Owner, for any Owner which consent will be deemed upon LiveBarn reason, LiveBarn shall have the absolute exclusivity to undertaking its work. broadcast Content from each of the Ice Rink Sheets using an automated (without individuals operating cameras) 4.4 From time to time there will be on site online broadcasting system. For greater certainty, the said adjustments requiring assistance from a technically exclusivity shall apply for the five (5) year period even if proficient person at the Venue. Venue Owner will be the Venue Owner elects to terminate this Agreement responsible to supply such person when necessary. pursuant to Subsection 2.2 above prior to the expiration of the Term. 5 NOTICE TO PUBLIC 5.1 The Venue Owner agrees to post a notice at the 3.2 The Venue Owner hereby declares and entrance to its venue and inside each Ice Rink Sheet, acknowledges that the foregoing exclusivity, including the advising the public that the venue is monitored by video term thereof, is reasonable in the circumstances, and that cameras for security, safety and commercial purposes, and LiveBarn is relying upon such exclusivity in connection participants waive any claim relating to the capture or with the provision of the Automated Online Broadcast public transmission of his/her participation while at the Service and that LiveBarn would not have entered into this venue. LiveBarn will supply and post these notices during Agreement without such exclusivity. However, the its initial installation and reserves the right to modify the foregoing exclusivity shall not apply should LiveBarn cease language contained therein from time to time, in its sole operations or to the extent Venue Owner terminates this discretion, to satisfy its legal obligations. agreement in accordance with section 2.4. 5.2 In all agreements with parties for usage of the 3.3 Venue Owner acknowledges and agrees that, in the Venue, Venue Owner will include provisions both event of a breach or threatened breach by it of the provisions disclosing the existence of LiveBarn broadcasting at the of Subsection 3.1 above, LiveBarn will have no adequate Venue and requiring such parties to notify all their users of remedy in money or damages and, accordingly, shall be the Venue of this.

2 | Page VENUE AGREEMENT 6 MARKETING Media Coverage Insurance and $2,000,000 in Cyber Insurance, and that upon execution of this 6.1 Venue Owner agrees to promote LiveBarn Agreement Venue Owner will become a Certificate Holder, through all available avenues discussed in this section, with its name and location included in understanding that it is in Venue’s best interest financially such insurance policies. to market LiveBarn to their customers and patrons. LiveBarn will also provide, at its expense, a minimum of one (1) 2.5 x 6’ color printed standing banner, branded with 7.6 All notices required under this Agreement must Venue Owner’s unique code described in Subsection 1.5, to be given in writing and by email to Livebarn at be displayed within Venue Owner’s lobby in a prominent [email protected], [email protected], location. Venue Owner understands that failure to comply [email protected], and to Venue Owner at its address and make reasonable promotion and marketing efforts will listed herein. Either party may change its address from time result in lower revenue share payments to Venue Owner. to time by providing notice of such change to the other party. 6.2 Venue Owner will provide a marketing contact person (s) who will be responsible for interacting with 7.7 This Agreement describes the entire LiveBarn and becoming knowledgeable about the various understanding and agreement of the parties, and supersedes LiveBarn marketing and promotion initiatives. Upon all oral and written agreements or understandings between installation of LiveBarn, Venue Owner will make said them related to its subject matter. contact available for a 30 minute video web session, serving as an orientation into all of the best practices for 7.8 This Agreement may be executed in one or more introducing and promoting LiveBarn. This person will counterparts, each of which will be deemed an original, and subsequently be responsible for implementing promotion all of which taken together will be deemed to be one and marketing initiatives to Venue’s customers and patrons. instrument.

6.3 Venue Owner will place a LiveBarn banner or 7.9 This Agreement is governed by and will be link on their website with a backlink and embedded demo interpreted under the laws of the State of Rhode Island. video where possible. Venue Owner will do the same with Any disputes shall be heard in the courts of the State of any organizations, associations, clubs and affiliates that it Rhode Island. owns that use their facility. 7.10 Each party shall keep the terms contained herein 6.4 Venue Owner will announce the LiveBarn confidential and neither of its directors, officers, installation as well as embed any demo video on all of their employees, agents or representatives, where applicable, social media networks. Venue Owner will also like and shall disclose the terms contained herein without the follow LiveBarn on said social media networks as well as express written consent of the other party, unless such share content when tagged, acknowledging that this will disclosure is required by applicable law. only be used when venue is directly involved with any video shared. Venue Owner will do the same with any 7.11 Venue Owner will not be liable to organizations, associations, clubs, affiliates that it owns that LiveBarn by reason of inconvenience or annoyance use their facility. for any damages or lost revenue due to power loss or shortage, mechanical breakdown, structural damage, 7 GENERAL roof collapse, fire, flood, renovations, improvements, 7.1 Any amendment to this Agreement must be in alterations, or closure of the facility by it or any writing and signed by both parties. regulatory agency.

7.12 LiveBarn consents to Venue Owner promoting in 7.2 Although LiveBarn will remain liable for its its marketing materials that LiveBarn supplies it with the obligations hereunder, LiveBarn shall be permitted to use LiveBarn installed product. agents and subcontracts to perform its installation, maintenance and repair obligations hereunder. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and at the place first above mentioned. 7.3 The waiver of a breach of any provision of this

Agreement will not operate or be interpreted as a waiver of LIVEBARN INC. any other or subsequent breach. Per:

7.4 If any part of this Agreement is held to be invalid or unenforceable, that part will be severed and the rest of VENUE OWNER the Agreement will remain in force. Headings herein are Per: for reference only. Print Name:

7.5 LiveBarn hereby represents that it maintains $2,000,000 of General Liability Insurance, $2,000,000 in

3 | Page VENUE AGREEMENT

PLEASE FILL OUT SCHEDULE A

Venue Name and Address: Venue Marketing Contact:

Name:

Work Number:

Cell Phone:

Email Address: Name of Each Rink:

(i.e. Rink #1 or Main Rink)

Venue Technical Contact:

Name:

Work Number:

Cell Phone:

Email Address:

Revenue Share Payment Information:

Payee Name (name of entity depositing Primary Contact - Venue General check): Manager or Decision Maker: Attention (name of individual receiving check Name: and statement): Work Number: Street Address: Cell Phone: City: Email Address: State/Province: Zip/Postal Code: Secondary Contact or On-Site Manager: Additional Special Instructions: Name: Work Number: Cell Phone: Email Address:

4 | Page

A turnkey solution for all sports venues.

Venues are provided with any and all necessary assistance, including installation, maintenance, end-to-end branded marketing, operational support and Customer Service.

FEATURE CURRENT SERVICE PLANNED

4K capable camera with HD streaming of all events (games and practices)

Cloud management and storage (VOD available for 30 days)

Share highlights via social media and download events

Complete broadcast control via password protected viewing

Access to entire LiveBarn network of thousands of playing surfaces

Proven revenue share and monetization model

Hardware provided for live streaming from venue restaurant or lounge TV

LiveBarn iOS App with favorited venues, pan & zoom sharing

Clip plays within iOS App and save directly to camera roll

Live & On Demand tagging and editing software

In-venue live tagging

Automated condensed highlights

LiveBarn Android App

www.livebarn.com LiveBarn provides venues with a fully automated, hassle-free HD Live streaming and video storage solution. Parents, grandparents and friends can watch remotely from any device. Athletes and coaches are able to review footage On Demand to improve player and team performance.

LiveBarn is offered at no cost to the facility and comes with a built-in revenue share program with a proven monetization model through our subscription-based service.

1,087 20,653 640,243 27,728,471 Live Streams Live Stream Hours/Day Available VOD Hours Total Hours Streamed

SUBSCRIBER BENEFITS VENUE BENEFITS Never Miss a Moment Revenue Generation Watch fully automated HD Live & On Demand Generate profit through a proven broadcast from anywhere, at any time, on any monetization model via a generous revenue device. share program. Complete digital and print marketing provided at no cost.

Choose How to View Hassle Free Camera See the game from the best seat in the park! View Eliminate scheduling of individual events or the entire field or use pan/zoom functionality to worrying if system is ON. Cameras get even closer to the action. automatically “wake up” and “go to sleep.”

Watch Any Venue Access Restriction View games and practices from the ever- Control access to online feeds by creating expanding network of LiveBarn-installed facilities. Blackout or password-protected Privacy Sessions.

Share Highlights & Save Games Accountability & Incident Review Share highlights via social media and email via Increase accountability for everyone Monthly subscription. Save video for personal including Coaches, Athletes and Parents with archive or analyze plays to improve team/player Live broadcast and On Demand video performance. archives.

Efficiently Scout Teams & Players No Hidden Fees Leverage the ability to watch multiple teams and Pay nothing for our hardware or software, players from any LiveBarn venue at your own installation, maintenance or cloud storage. convenience.

www.livebarn.com "Live Barn has been a great addition to our baseball/softball park this year for many reasons. The LiveBarn staff is top notch they are always available if I have a question. This product has taken our complex to the next level! The quality of the video is amazing and the ability to clip highlights to promote our park is a great feature. It is also very affordable option for any family member or coach to have as they still have the capability to watch any games they miss either Live or On Demand." - Brian Workman, Complex Manager, Henry S Parker Athletic Complex, Salisbury MD

"LiveBarn provided complete end-to-end installation and service to Lake Myrtle Sports Park in time for our RussMatt Invitational. The turn-key solution, with automated smart cameras, allowed us to focus on what we do best - hosting baseball tournaments - while LiveBarn handled the rest. Live streaming is a prerequisite for any size and level of sporting events and LiveBarn seamlessly made this possible." - Rob Sitz - President of Baseball Operations, DS Holdings

"LiveBarn has been a tremendous asset to the StarCenter rinks by allowing friends and family to be part of the hockey experience no matter where they live. This product has helped us provide a great additional value to our loyal customers." - Damon Boettcher, Vice President Dallas Stars StarCenters

"Our LiveBarn experience to date has been tremendous, and the support from your team has far exceeded our expectations." - Rich Hixon, President UPMC Lemieux/Penguins

"LiveBarn has been a great addition to my indoor soccer facility. The install was quick and painless, and the marketing materials they created for me made it easy to promote the service right away. LiveBarn is simple to use and a must for parents, players, coaches. Since day one, they've been true to their word. LiveBarn has indeed been completely free and on top of that I earn revenue share!" - Ron Szczybor - General Manager, Maryland Sports Arena

www.livebarn.com Town of Smithfield OFFICE OF FINANCE DIRECTOR/TAX COLLECTOR 64 FARNUM PIKE SMITHFIELD, RHODE ISLAND 02917 TELEPHONE: (401) 233-1072 FACSIMILE: (401) 233-1060 EMAIL: [email protected]

BRIAN SILVIA FINANCE DIRECTOR

DATE: September 30, 2020

To: The Honorable Smithfield Town Council From: Brian Silvia, Finance Director

Subject: Disaster Recovery Administration Services

The Town of Smithfield went out to bid on a Disaster Recovery Administrative Services contract, with the bid opening held on September 25, 2020 at 10:00 AM. Two vendors submitted bids for consideration, AG Witt, LLC of Little Rock, AR and GZA GeoEnvirnmental, Inc., of Providence, RI.

Both vendors appeared to be viable candidates with excellent experience in this field. However, when evaluating the submitted bids, GZA GeoEnvirnmental, Inc. distinguished itself as the favored and recommended vendor due to three areas. They have had a strong presence in the Northeast, supporting local, like communities with similar needs, they have a strong background in healthcare related claims and/or projects and there overall price points appear to be in line or lower than that of AG Witt, LLC.

Recommended Motion: That the Smithfield Town Council hereby approve the Disaster Recovery Administration Services contract to GZA GeoEnvirnmental, Inc.

townofsmithfield SMITHFIELDRI.COM @SmithfieldRI

Submitted by: Carolyn A. Dorazio Purchasing Agent TOWN OF SMITHFIELD BID TAB

Disaster Recovery Administrative Services

Bid Opening: September 25, 2020 at 10:00 AM

Job Description and Hourly Rates Senior Damage Senior Grant Associate Senior Project Damage Grant Management Senior Engineer/Planner/ Administrative Project Administrative Vendor Project Manager Assessment Management Project Project Executive Assessment Specialist Engineer/Planner/Analyst Analyst Assistant Writer Specialist Estimator Specialist Manager Writer Estimator GZA GeoEnvironmental, Inc. 188 Valley Street, Suite 300 $210 $185 $128 $115 $140 $120 $141 $120 $70 $154 $128 $115 $80 Providence, RI 02909 AG Witt, LLC 10809 Executive Center Drive $200 $185 $145 $125 $145 $125 $185 $145 $95 Searcy Building Plaza 1 Little Rock, AR 72211

REFERRED TO THE EVALUATION COMMITTEE, AND A FUTURE RECOMMENDATION WILL BE FORWARDED TO THE TOWN COUNCIL FOR APPROVAL

MEMO

TO: Smithfield Town Council FROM: Colliers Project Leaders DATE: September 30, 2020 RE: Ahlborg Construction – Change Order Number 2

The Smithfield School Building Committee is requesting that the Town Council consider, discuss, and act upon the approval of Change Order No. 2 to Ahlborg Construction for necessary construction in support of the Smithfield capital improvement projects at McCabe, LaPerche and Old County Road Elementary Schools. This change reflects negotiation with the contractor to provide the best vale to the Town and has been reviewed and recommended for approval by Colliers Project Leaders and DBVW Architects. This change order is recommended in the amount of $38,532. This change order includes the following scope:

 McCabe TruBounce Basketball Backboard Upgrade $9,505.00  Old County Road Electrical Revisions for the Therapeutic Area $8,169.00  McCabe Existing Site Lighting Electrical Refeed $20,858.00

Attached you will find the AIA Contract Document G701, Change Order Number 2 and additional supporting documentation for these changes.

RECOMMENDED MOTION: That the Smithfield Town Council hereby approves Change Order Number 2 to Ahlborg Construction in the amount of Thirty-Eight Thousand Five Hundred Thirty-Two Dollars. ($38,532.00)

AHLBORG CONSTRUCTION CORPORATION 355 Centerville Road Warwick, RI 02886 CHANGE PROPOSAL

8/6/2020 For: Change backstops & goals to TrueBounce Equipment Revision 1 Submitted To: Project: Smithfield School Improvements Smithfield School Department - c/o Colliers International McCabe Elementary School 100 Pleasant View Ave. Change backstops & goals to TrueBounce Equip at McCabe only Smithfield, RI 02917

Design / Detail Information: REF: DBVW e-mail dated 7-10-20 6:44 AM Backup Provided By: Robert H. Lord Co. - See attached

SCOPE OF WORK QUANTITY UNIT UNIT COST TOTAL ACC TOTAL SUB

Robert H. Lord Co. - See attached 1 LS $ 9,052.00 $ 9,052 Ths change is for McCabe only Old County will be with the Gym equipment replacement to follow.

Subtotal Costs $ - $ 9,052 15% ACC Markup ACC $ - $ - 5% ACC Markup Sub $ - $ 453 Total PCO #7 B - R1 $ 9,505

AHLBORG CONSTRUCTION CORPORATION Approved: Colliers Project Leaders Jim Plante

Jim Plante, Senior Estimator By: Dated: CC: GRA Additional Comments:

Change Proposal Response Smithfield Public Schools Date: August 18, 2020 McCabe TrueBounce Smithfield, RI PCO #7BR1: Backboard Upgrade

PCO #7BR1 – TrueBounce Backboard Upgrade (McCabe Only)

Contract Add $9,505 (Recommend approval)

We have reviewed the revised cost and find it acceptable.

We recommend the Owner approve this PCO and include in a formal change order.

T 401 831 1240 111 CHESTNUT STREET F 401 331 1945 PROVIDENCE, RI 02903

www.dbvw.com 220 CHAPEL ROAD DATE: July 17, 2020 MANCHESTER, CONECTICUT 06040 CO # : 62879-02 TEL: 860-645-8700 COR # : FAX: 860-645-9100 RHL JOB # : 62879 RHL BILL to # :

CHANGE ORDER ADD

PROJECT NAME: Smithfield Schools Reno. - McCabe E.S. only

OWNER: Town of Smithfield

ARCHITECT: DBVW Architects

G. CONTRACTOR: Ahlborg Construction

SUPPLIER: Porter Athletic

DESCRIPTION: Credit to deduct 6 Porter 208 glass backboards: -$1740.00 Credit to deduct 6 Porter PowrFlex II Goals: -$312.00 Add 6 TrueBounce model XL7042 polycarbonate bboards: $13,200. Add 6 TrueBounce RB1000 Breakaway Goals: $1404.00 Credit: TrueBounce Discount: -$3500.00

ORIGINAL CONTRACT AMOUNT $ 94,000.00 CHANGE ORDERS APPROVED TO DATE $ 5,541.00 ADD AMOUNT FOR THIS CHANGE ORDER $ 9,052.00

REVISED CONTRACT AMOUNT: $ 108,593.00

Jim Belmessieri PROJECT MANAGER ACCEPTED BY:

Robert H. Lord Co. COMPANY NAME: COMPANY NAME:

July 17, 2020 DATE: DATE: From: Edward Cifune To: Glenn Ahlborg Cc: Ashley Prester; Drew Serdakowski; James Plante Subject: Smithfield - True Bounce Basketball Backboards Date: Friday, July 10, 2020 6:44:22 AM

Hi Glenn,

Yesterday, the Building Committee asked if we could provide their preferred basketball backstops at all gyms.

It’s a perforated ½” thick polycarbonate backstop. Here’s their website information: https://truebounce.com/indoor-products/

I’m not sure if this will work with the rest of the specified Porter Athletic suspension systems, height adjusters, etc.

Please ask if this is possible and if there is any cost difference.

Thanks.

Edward Cifune, AIA Senior Associate

DBVW Architects 111 Chestnut Street, Providence, RI 02903 www.dbvw.com | 401.831.1240 x108

From: Randy Rossi Sent: Thursday, July 9, 2020 4:22 PM To: Edward Cifune Cc: David Russas Subject: FW: True Bounce

Randy R. Rossi, MBA, CGFM Town Manager Town of Smithfield 64 Farnum Pike Smithfield, RI 02917 (: (401) 233-1010 7: (401) 233-1080 *: [email protected] W: www.smithfieldri.com

From: David Russas [mailto:[email protected]] Sent: Thursday, July 09, 2020 4:04 PM To: Randy Rossi XL7042 Rear View

72" 9" 9"

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Used in the top corners 8" 3"

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Bounce Drawn By: Inc Wayne Newton

Drawing date: Scale: 56 Conduit Street N/A New Bedford, MA 02745 6/12/2004 Ph 866-873-3715 Revised: Revised By: Fax 877-841-3715 11/04/12 WN RBJoooRB1000 ADJUSTABLE BREAKAWAY GOAL · ......

5 1/2" / / 1"TYP. I

,_____ 18" DIA. -----

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BACK VIEW SIDE VIEW

REV. DESCRIPTION DATE BY DRAWING NAME / PART NO.: RB1000R 131000 --- R�l(O)RB1000 - - DRAINNBY: CHK'O BY: ---,,_-- ADJUSTABLE BREAKAWAY - DEM ·- ® RJR TrueBounce Inc. ISSUE DATE: 01/19/2016 COPYRIGHT 2016 GOAL 56 Conduit Street TRUEBOUNCE, INC. THIS PRINT IS THE PROPERTY OF TRUEBOUNCE, INC. New Bedford, MA 02745 SHEET: REV. AU. RIGHTS RESERVED ANO MAY NOT BE REPRODUCED WITHOUT WRITTEN PERMISSION 1 OF1 RECEIVED September 3, 2020 AHLBORG CONSTRUCTION CORPORATION 355 Centerville Road Garcia Galuska & DeSousa Warwick, RI 02886 CHANGE PROPOSAL PCO #: 16A Dated: 9-3-2020 For: Electric Feeder to Therapeutic area at OC Revision 1 Submitted To: Project: Smithfield School Improvements Smithfield School Department - c/o Colliers Project Leaders Old County Road Elementary School 200 Old County Road Electric feeders for Therapeutic area at Old County Smithfield, RI 02917 Design / Detail Information: REF: RFI # 17 & GG, Inc Response Backup Provided By: Kelly Electric .

SCOPE OF WORK QUANTITY UNIT UNIT COST TOTAL ACC TOTAL SUB

Kelly Electric 1 LS $ 7,557.00 $ - $ 7,557 Layout, Supervision & Quality Control 2 Hrs $ 102.00 $ 204 $ -

Subtotal Costs $ 204 $ 7,557 15% ACC Markup ACC $ 31 $ - 5% ACC Markup Sub $ - $ 378 Total PCO # 16A $ 8,169

AHLBORG CONSTRUCTION CORPORATION Approved: Colliers Project Leaders Jim Plante

Jim Plante, Senior Estimator By: Dated:

Additional Comments: GARCIA • GALUSKA • DESOUSA Consulting Engineers Inc.

M#73156 J#485 024 00.00

DATE: September 14, 2020

MEMO

TO: Edward Cifune, AIA DBVW Architects

FROM: Jose M. Carreiro Carlos G. DeSousa, P.E., Principal

______

DEPT: Electrical

PROJECT: Smithfield Public Schools Additions and Renovations Smithfield, Rhode Island

SUBJECT: PCO # 016AR1 – OC Therapeutic Area Feeder

Please be advised of the following:

We have reviewed the Kelly Electric LLC portion of Change Order Proposal No. 016AR1 in the amount of $7,557.00 for costs associated with repowering Therapeutic Area at Old County. We find the amount to be fair and reasonable and recommend approval.

If you have any questions or comments regarding the above, please contact our office at your earliest convenience.

JMC, CGD: tb

Enc.

Cc: Ashley Prester, AIA, MCPPO, DBVW Architects

TEL 508-998-5700 FAX 508-998-0883 email: [email protected]

RECEIVED JUNE 9, 2020 RFI #17 Garcia Galuska & DeSousa

Ahlborg Construction Corporation Project: 20002 - Smithfield Schools Capital Improvements 355 Centerville Road 100 Pleasant View Ave Warwick, Rhode Island 02886 Smithfield , Rhode Island 02917 Phone: 401 681 4949 Fax: 401-681-4950 Old County - Therapeutic Area Power TO: Ashley Prester (DBVW Architects, Inc.) FROM: Drew Serdakowski (Ahlborg Construction DATE INITIATED: 06/09/2020 Corporation) 355 Centerville Road LOCATION: Old County Road Elementary Warwick, Rhode Island 02886 PROJECT STAGE: Course of Construction STATUS: Open SUB JOB: DUE DATE: 06/16/2020 COST IMPACT: TBD COST CODE: DRAWING NUMBER: SCHEDULE IMPACT: TBD LINKED DRAWINGS: SPEC SECTION: 260000 - Electrical REFERENCE: RECEIVED FROM: Lee Matthews (Ahlborg Construction Corporation) COPIES TO: Glenn Ahlborg (Ahlborg Construction Corporation), Kevin Budd (COLLIERS PROJECT LEADERS), Al Calcagno (COLLIERS PROJECT LEADERS), Edward Cifune (DBVW Architects, Inc.), Dan Daisy (COLLIERS PROJECT LEADERS), Chad Healey (COLLIERS PROJECT LEADERS), Ryan Kelly (Kelly Electric), Angelo Mencucci (Smithfield Public Schools), Derek Osterman (COLLIERS PROJECT LEADERS), Ashley Prester (DBVW Architects, Inc.), Jaime Senra (Ahlborg Construction Corporation), Chris Spiegel (COLLIERS PROJECT LEADERS)

Question from Drew Serdakowski (Ahlborg Construction Corporation) at 02:02 PM on 06/09/2020

The electric panel located in the portion of the building scheduled to be demolished also provided power to the therapeutic area behind the gym. As the panel in the demolition area has been de-energized the therapeutic area has no power. The Electrician recommends providing power to the therapeutic area by splitting into power feed located in the corridor ceiling that previously provided power to both areas. The Electrician also recommends changing the current 60 amp service in the therapeutic area to a 100 amp service.

How shall we proceed with providing power to the therapeutic area going forward?

Awaiting an Official Response

All Replies: PER GGD (ATTACHED), PROVIDE THE FOLLOWING:

Provide splice box and extend the existing 100A feeder, formerly for panel NP, to existing to remain panel NPA. MC Cable is acceptable for feeder extension above the ceiling.

BY DATE COPIES TO

Ahlborg Construction Corporation Page 1 of 1 Printed On: 06/09/2020 02:02 PM RECEIVED AHLBORG CONSTRUCTION CORPORATION September 16, 2020 355 Centerville Road Garcia Galuska & DeSousa Warwick, RI 02886 CHANGE PROPOSAL

PCO #: 19 Dated: 9-15-2020 For: McCabe site lighting electric feeds Revision 1 Submitted To: Project: Smithfield School Improvements Smithfield School Department - c/o Colliers Project Leaders McCabe Elementary School 100 Pleasant View Ave. McCabe - Site lighting electrical feed replacements Smithfield, RI 02917 Design / Detail Information: Ref: PR-019, & E003 Backup Provided By: Kelly / Manafort

SCOPE OF WORK QUANTITY UNIT UNIT COST TOTAL ACC TOTAL SUB

Kelly Electric 1 LS $ 10,793.00 $ 10,793 Manafort 1 LS $ 7,284.00 $ 7,284 Layout, Supervision & Quality Control 16 Hrs $ 102.00 $ 1,632 $ - Based on using existing bases - not recommended. $ - $ -

Does not include new concrete light pole bases.

Based on GGD's response dated 8-18-20 See Kelly Electric Qualifications regarding poles.

Subtotal Costs $ 1,632 $ 18,077 15% ACC Markup ACC $ 245 $ - 5% ACC Markup Sub $ - $ 904 Total PCO # 19 R1 $ 20,858

AHLBORG CONSTRUCTION CORPORATION Approved: Colliers Project Leaders Jim Plante

Jim Plante, Senior Estimator By: Dated:

Additional Comments: GARCIA • GALUSKA • DESOUSA Consulting Engineers Inc.

M#73243 J#485 024 00.00

DATE: September 18, 2020

MEMO

TO: Edward Cifune, AIA DBVW Architects

FROM: Carlos G. DeSousa, P.E., Principal

______

DEPT: Electrical

PROJECT: Smithfield Public Schools Additions and Renovations Smithfield, Rhode Island

SUBJECT: PCO #019R1 – MC Site Lighting Revision

Please be advised of the following:

We have reviewed the Kelly Electric LLC portion of Change Order Proposal No. 019R1 in the amount of $10,793.00 for costs associated with reworking of existing parking lot lights due to wire being damaged and not properly installed. We find the amount to be fair and reasonable and recommend approval.

If you have any questions or comments regarding the above, please contact our office at your earliest convenience.

CGD: tb

Enc.

Cc: Ashley Prester, AIA, MCPPO, DBVW Architects

TEL 508-998-5700 FAX 508-998-0883 email: [email protected] Kelly Electric LLC Estimate 217 Curran Road Cumberland, RI 02864 US 401-333-3838 [email protected]

ADDRESS Ahlborg Construction Corp Accounts payable 355 Centerville Road Rhode Isalnd Warwick 02886

ESTIMATE # DATE 1100 07/22/2020

ACTIVITY QTY RATE AMOUNT

Proposal Request 1 0.00 0.00 019 Description of Work 1 0.00 0.00 Reworking of existing parking lot lights due to wire being damaged and not properly installed.

To be fixed per GGD's specifications: Provide new wiring and run surface on side of concrete base and connect into existing poles. Surface conduit to be rigid metal conduit.

Please Note: Kelly Electric assumes no responsibility of the structural integrity of the poles as surface mounting the conduit requires drilling the side of a UL listed pole which is not recommended by the manufacturer. Bucket Truck 2 1,200.00 2,400.00 2 day Light fixtures are currently not grounded there is no ground running up the pole therefore the lights are not grounded material 1 480.00 480.00 hand hole material 1 386.60 386.60 700 ft of pipe material 1 50.00 50.00 PVC fittings material 1 350.00 350.00 rigid metal conduit material 1 1,146.60 1,146.60 #8 copper wire Labor 24 100.00 2,400.00 24 man hours - install of wire and conduit ACTIVITY QTY RATE AMOUNT

Labor 32 100.00 3,200.00 32 man hours to remove light fixture, fish new wires down the pole, reinstall light fixture and test Threading Equipment 1 380.00 380.00 TOTAL $10,793.20

Accepted By Accepted Date Phone: (401) 333-2550 Fax: (401) 333-2551 7/2/2020

PCO-003 Added Site Lighting Trench McCabe School LABOR ST HRS ST RATE OT HRS OT PREM DT HRS DT PREM TOTAL FOREMEN 12.00 113.49$ 30.99$ 61.98$ $ 1,361.88 LABORER 24.00 78.66$ 25.83$ 51.65$ $ 1,887.84 OPERATING ENGINEER 12.00 102.90$ 36.63$ 73.27$ $ 1,234.80 TEAMSTER 8.00 76.38$ 22.71$ 45.43$ $ 611.04 $ - $ - $ - $ - Labor Total $ 5,095.56

EQUIPMENT QTY RATE UOM TOTAL Mini Excavator 8.00 30.59$ HRS $ 244.72 290 EXCAVATOR - 141.94$ HRS $ - TRIAXLE 8.00 102.87$ HRS $ 822.96 Skid Steer 4.00 24.69$ HRS $ 98.76 Dozer - 43.68$ HRS $ - Roller - 38.60$ HRS $ - $ - Equipment Total $ 1,166.44

MATERIAL QTY RATE UOM TOTAL Asphalt - 86.00$ TN $ - Sewer Brick Clay - $ - EA $ - Min Load Concrete - $ - LD $ - Concrete - $ - YD3 $ - ASTM C-33 Bedding Sand 30.00 12.00$ TN $ 360.00 - $ - $ - - $ - $ - - $ - $ - Material Total $ 360.00

SUBCONTRACTOR QTY RATE UOM TOTAL Bishop Saw Cutting (min charge) - 750.00$ MIN $ -

Subcontractor Total $ -

SubTotal Bond OH&P TOTAL LABOR $ 5,095.56 - 10% 509.56$ $ 5,605.12 EQUIPMENT $ 1,166.44 - 10% 116.64$ $ 1,283.08 MATERIAL $ 360.00 - 10% 36.00$ $ 396.00 SUBCONTRACTOR $ - - 10% $ - $ - $ 7,284.20 Phone: (401) 333-2550 Fax: (401) 333-2551 7/2/2020 PCO-003 Added Site Lighting Trench McCabe School

AHLBORG CONSTRUCTION CORP. Attn: Glenn R. Ahlborg 355 Centerville Road Warwick, Rhode Island 02886

PCO-003 Added Site Lighting Trench Appx. Item No. Description QTY UOM Rate Cost Markup TOTAL COST

1 Labor 1.00 LS $ 5,095.56 $ 5,095.56 $ 509.56 $ 5,605.12 2 Equipment 1.00 LS $ 1,166.44 $ 1,166.44 $ 116.64 $ 1,283.08 3 Material 1.00 LS $ 360.00 $ 360.00 $ 36.00 $ 396.00 4 Subcontractor 1.00 LS -$ -$ -$ $ -

Subtotal$ 7,284.20 Bond -$ TOTAL$ 7,284.20

SCHEDULE DAYS Work Days

Clarifications and Exclusions

Note: Manafort Brothers Incorporated reserves the right to price and be compensated for additional work not specifically listed herein by error or omission.

Sincerely,

Project Manager Manafort Brothers Incorporated

Price Acceptance

Authorized Representative

Authorized Representative Signature

Date of Acceptance 111 CHESTNUT STREET PROPOSAL REQU EST PROVIDENCE, RI 02903

T 401 831 1240 F 401 331 1945

www.durkeebrown.com

Date: 7/1/20 PR- 019

PROJECT Smithfield Public Schools OWNER Town of Smithfield CONTRACTOR Ahlborg Construction Corp. McCabe, LaPerche, and Old 64 Farnum Pike 355 Centerville Road County Elementary School Smithfield, RI 02917 Warwick, RI 02886 Improvements

DESCRIPTION/ATTACHMENTS

Please submit the costs to replace the existing electrical feed to the high school pole lights along the south property line at McCabe Elementary School with new code-compliant conduit and electrical feeds at 24” minimum below finish grade.

Work shall include removal of the existing direct-bury electrical feeders, trenching down to proper depth, installation on new conduit and feeders, providing concealed connections to each existing fixture, and proper backfill and compaction of the work. Project Specifications shall apply and govern all of this proposed work. The extent of work shall be limited to the area indicated on the attached electrical site plan markup.

The Contractor is requested to prepare a Change Estimate for the Owner’s consideration. This is not an authorization to proceed with the work described.

INC. 0 3902 02747 -1271 02747 I TS E, R NU E D EST I VO CH RNC 11 T TEER P 1 mo 1914 February 7, 2020 7, February GGD Asindicated c Department CONFIDENTIAL CONFIDENTIAL Smithfield vw. b RESTRICTEDUSE E003 d Issued for Bid Issued Const. for & PLAN -PLAN POWER Smithfield, RI 02917 w.w Improvements The SmithfieldSchool 4 01 8 31 124 0 100 View Ave Pleasant ELECTRICAL SITE GARCIA GALUSKA DESOUSA GALUSKA GARCIA ENGINEERS CONSULTING MA D, N. Dartmouth, - Suite Road Corner Faunce 375 -5700 -998 508 -0883 -998 508 FAX .com - -d g info@g -MAIL E - School McCabe w T NO DATE DESCRIPTION Elementary School Elementary JOB NO: © COPYRIGHT 2019 © COPYRIGHT DBVW ARCHITECTS, INC. USE ISUNAUTHORIZED PROHIBITED DATE: BY: DRAWN SCALE: OF EXISTING UTILITY POLE UTILITY EXISTING OF REMAIN TO EXISTING OHW TO REMAIN EXISTING LOCATION APPROXIMATE SITE WIRING LEGEND:

2#8, 1#10G, 1"C, 24" BELOW 24" 1"C, GRADE 1#10G, 2#8,

- 7 1.

LOCATIONS. COORDINATE ROUTING WITHCOORDINATE LANDSCAPEROUTING ARCHITECT. LOCATIONS. OF REFER LANDSCAPE 'SITE' TO DRAWINGS LOCATION EXACT FOR FIXTURES. OTHERWISE. SIGNAL). 0-10V (VIA AND "OFF" LEVELS DIMMED TIMED "ON", COORDINATE CONTROL EACHFORCIRCUIT. INDIVIDUAL PROVIDE PROGRAMMING WITHOWNER. DIAGRAM ONE-LINE ALCS (REFER TO SPECIFICATIONS). & WALL MOUNTEDEXTERIOR LIGHTING. #PC1730BA12 WITH COVER #PC1730CA17 OR SAME BY CARSON,OR SAME BY WITHCOVER #PC1730CA17 #PC1730BA12 VIA LIGHTING STRONGWELL, OR RUNSITE EQUAL. HIGHLINE, ALL BETWEEN WITH LINE 1"SPARE (1)PULL PROVIDE ALSO BOX. PULL EACH ROOM.END.@ AND LABEL NEAREST ELECTRIC BOX PULL #PC1212BG12 WITH #PC1212HG00 COVERCARSON,OR SAME BY WITH #PC1212HG00 #PC1212BG12 STRONGWELL, WITHPOLES THREE OR ALL EQUAL) AT HIGHLINE, BASE ALLOWTO APPROACHING CONDUITS 1" OF FOR PAIRS ENTER TOBASE. PAIR SINGLE AREAS OR LEACHING FIELDS. REFER DRAWINGSTO FOR FIELDS. AREASLEACHING OR

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I R 1 E003 Town of Smithfield OFFICE OF FINANCE DIRECTOR/TAX COLLECTOR 64 FARNUM PIKE SMITHFIELD, RHODE ISLAND 02917 TELEPHONE: (401) 233-1072 FACSIMILE: (401) 233-1060 EMAIL: [email protected]

BRIAN SILVIA FINANCE DIRECTOR

September 30, 2020

To: Honorable Smithfield Town Council From: Brian Silvia, Finance Director

Subject: Authorization of Refunding of 2011A & 2012B Bonds

The Town of Smithfield has two existing bonds eligible for refunding, they are the 2011A (Tax Exempt) and the 2012B (Taxable). The action of the refunding will not extend or increase the current amortization schedule of either of these bonds being considered. The action of the refunding is being proposed as a means of generating savings to the Town, over the remaining term of the bonds. The attached resolution has been drafted by the Town’s bond council, Partridge Snow & Hahn, LLP.

It is estimated that the Town will realized savings over the remaining term of these bonds totaling over $650,000. This equates to estimated average annual savings of over $74,000 from FY2021 through FY2027 and estimated average annual savings of $36,500 from FY2028 through FY2031.

MOTION:

The Smithfield Town Council authorizes the attached resolution related to the refunding of the 2011A & 2012B bonds, as written.

townofsmithfield SMITHFIELDRI.COM @SmithfieldRI

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SMITHFIELD

RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS TO REFUND VARIOUS GENERAL OBLIGATION BONDS OF THE TOWN

WHEREAS, the Town of Smithfield, Rhode Island (the “Town”) has previously issued its Six Million Two Hundred Seventy Thousand Dollar ($6,270,000) General Obligation Bonds, 2011 Series A dated January 15, 2011 (the “2011 Bonds”) for the purposes of financing certain authorized projects for the Town; and

WHEREAS, the Town has previously issued its Five Million Dollar ($5,000,000) General Obligation Taxable Bonds, 2012 Series B dated May 30, 2012 (the “2012 B Bonds”) for the purposes of financing certain authorized projects for the Town; and

WHEREAS, the Town desires to issue general obligation refunding bonds, in one or more series (collectively, the “Refunding Bonds”) to refund all or a portion of the 2011 Bonds and the 2012 B Bonds (collectively, the “Prior Bonds”); and

WHEREAS, the Town is authorized pursuant to Chapter 12 of Title 45 of the Rhode Island General Laws of 1956, as amended, to issue its refunding bonds to pay all or any designated part of an issue of bonds then outstanding, including principal, redemption premium, if any, interest on the outstanding bonds coming due on or prior to the date on which those bonds are to be redeemed, and the costs of issuance of the refunding bonds;

NOW THEREFORE, BE IT RESOLVED, by the Smithfield Town Council, that:

SECTION 1. The Town Treasurer, Town Manager and Town Clerk are authorized to issue the Refunding Bonds in order to refund all or a designated portion of the Prior Bonds.

SECTION 2. The issuance of the Refunding Bonds will result in a financial benefit to the Town.

SECTION 3. The manner of sale, amount, denominations, maturities, interest rates and other terms, conditions and details of the Refunding Bonds and the designation of the Prior Bonds to be refunded shall be determined by the Town Treasurer and Town Manager. The Refunding Bonds may be sold at public or private sale.

SECTION 4. The proceeds arising from the sale of the Refunding Bonds, exclusive of any premium and accrued interest, shall upon their receipt, be paid immediately to the paying agent or paying agents for the Prior Bonds and such paying agent or paying agents shall hold the proceeds in trust until they are applied to refund the Prior Bonds. While such proceeds are held in trust, they may be invested as permitted by Chapter 12 of Title 45 of the Rhode Island General Laws of 1956, as amended.

SECTION 5. Between the date of the passage of this Resolution, which authorizes the Refunding Bonds, and the use of their proceeds to refund the Prior Bonds, the Refunding Bonds shall not be deemed debts of the Town in determining its borrowing capacity for any purpose.

SECTION 6. The Refunding Bonds may be issued in one or more series, and with respect to each series, on a tax-exempt or taxable basis, and if issued on a tax-exempt basis, the Town Treasurer as hereby authorized to take all lawful action on behalf of the Town necessary under the Internal Revenue Code of 1986, as amended (the “Code”), to ensure that the interest on the Refunding Bonds will be exempt and will remain exempt from federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on the Refunding Bonds to lose the benefit of the exclusion from gross income provided by Section 103 of the Code.

SECTION 7. If the Refunding Bonds are sold at public sale, the Town Treasurer, Town Manager and Town Clerk, as appropriate, are hereby authorized and directed to prepare a preliminary and final official statement to be employed in connection with the sale of the Refunding Bonds. The Town Treasurer, Town Manager, and Town Clerk are authorized to execute and deliver any documents, certifications, agreements or instruments with such changes, insertions, additions, alterations and omissions as may be approved by any such officers and to take all other actions as may be necessary or appropriate in order to consummate the transactions contemplated by this Resolution.

SECTION 8. The Town Treasurer, Town Manager and Town Clerk are hereby authorized to take all lawful action necessary or desirable to assist any underwriter of the Refunding Bonds in complying with Rule 15c2-12 of the Securities and Exchange Act of 1934, as amended and as officially interpreted from time to time (the “Rule”), including, without limitation, the execution and delivery of a continuing disclosure certificate in connection with the issuance of the Refunding Bonds and providing from time to time continuing disclosure with respect to the Town and its finances consistent with the Rule.

SECTION 9. This Resolution shall take effect upon its adoption.

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PASSED:

Suzanna L. Alba, President Smithfield Town Council

ATTEST:

Carol A. Aquilante, CMC Town Clerk memorandum

DATE: September 30, 2020

TO: Smithfield Town Council

FROM: Randy R. Rossi, Town Manager

RE: Resolution for Revised Motor Vehicle Tax Collection

The General Assembly and the Governor’s Office has recently confirmed that they will not take up the FY 2021 state budget until after the election. Because of this delay, we are in the process of preparing our motor vehicle tax bills to go out on October 15th with the first quarter payment being due on November 16th. Remaining installment payments will be due as usual on December 31st, March 31st, and June 31st.

These bills will be based on the current motor vehicle phase-out law and are subject to change based on action taken by the General Assembly.

RECOMMENDED MOTION:

That the Smithfield Town Council hereby authorize the resolution for motor vehicle tax collection as presented. MOTOR VEHICLE TAX COLLECTION RESOLUTION FISCAL YEAR ENDING JUNE 30, 2021

TOWN OF SMITHFIELD, RHODE ISLAND

BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF SMITHFIELD as follows:

WHEREAS, the Smithfield Town Council voted to adopt a budget and impose a tax at a Smithfield Town Council Meeting legally assembled on the Twenty-first (21st) day of July, AD, 2020.

RESOLVED: THAT THE Members of the Smithfield Town Council qualified to vote imposed a tax on this Twenty-first (21st) day of July, AD, 2020, hereby order the collection of a tax on the rateable value of motor vehicles.

Said tax to be for ordinary expenses and charges, for the payment of the interest and indebtedness in whole or in part of said Town, and for other purpose authorized by law. That the Tax Assessor, having assessed and apportioned said tax on the inhabitants and rateable property of said Town as of the thirty-first (31st) day of December, A.D. 2019 at twelve o’clock midnight, Eastern Standard Time, according to law, shall on completion of said assessment, date, certify, and sign the same and deliver to and deposit the same in the office of the Town Clerk.

And that the Town Clerk, on receipt of said assessment, shall forthwith make a copy of the same and deliver it to the Town Finance Director, who shall forthwith issue and affix to said copy a warrant under his hand, directed to the Collector of Taxes of said Town, thereby commanding him to proceed and collect said tax of the persons and estates liable therefore;

And that said motor vehicle tax shall be due and payable on and between the sixteenth (16th) day of October, A.D. 2020, next, and the sixteenth (16th) day of November, A.D. 2020, next;

And that all motor vehicle taxes remaining unpaid on said sixteenth (16th) day of November, A.D. 2020, shall carry until collected a penalty at the rate of twelve (12) percentum per annum upon such unpaid taxes.

Said tax may be paid in four (4) installments, the first installment of 25 percentum on and between the sixteenth (16th) day of October, A.D. 2020, next, and the sixteenth (16th) day of November, A.D. 2020, and the remaining installments as follows: 25 percentum on or between the first (1st) day of December, A.D. 2020 and the thirty-first (31st) day of December, A.D. 2020; 25 percentum on or between the first (1st) day of March, A.D. 2021 and the thirty-first (31st) day of March, A.D. 2021; 25 percentum on or between the first (1st) day of June, A.D. 2021 and the thirtieth (30th) day of June, A.D. 2021. Each installment of taxes if paid on or between the first and the last day of each installment period successively and in order shall be free from any charge for interest.

If the first installment or any succeeding installment of taxes is not paid by the last day of the respective installment period or periods as they occur, then the whole tax, or remaining unpaid balance of the tax as the case may be, shall immediately become due and payable and shall carry until collected a penalty at the rate of twelve (12) percentum per annum. 1

All delinquent motor vehicle taxpayers requiring clearance for registration renewal are required to make payment in full of all outstanding taxes, penalties in addition to the current year’s taxes in the form of certified funds.

PASSED: October 6, 2020

APPROVED:

______Suzanna L. Alba, President Smithfield Town Council

ATTEST:

______Carol A. Aquilante, Town Clerk

2 Proposed Motion: That the Smithfield Town Council hereby cancels the November 3, 2020 Town Council meeting.

MEMO

Date: October 6, 2020

To: Smithfield Town Council

From: Drew Manlove, Assessor

Re: Tax Abatements

BACKGROUND: Abatements are granted by the assessor as a result of assessment appeals on real estate, motor vehicles, and personal property. Adjustments are also made to motor vehicle tax bills to correct for erroneous data received from the Rhode Island Division of Motor Vehicles, including incorrect tax town and registration data. Additionally, the tax collector may request the abatement of taxes deemed to be uncollectible.

FINANCIAL IMPACT: Total abatements for this period= $10,945.87

ATTACHMENT: Abatement Detail Report

MOTION: Moved that the Smithfield Town Council approve the tax abatements in the amount of $10,945.87

The abatements contained herein are submitted for your approval by:

Drew Manlove, Assessor

Assessor's Office Drew Manlove, AAS 64 Farnum Pike (401) 233-1014 Smithfield, RI 02917 www.SmithfieldRI.com ABATEMENT DETAIL October 6, 2020

ACCOUNT # TYPE PROPERTY OWNER YEAR ORIGINAL REVISED REASON ABATEMENT 07-0925-00 RE Joseph Gilleran Dec Estate 2020 $248,300 $128,852 Exemption Applied $2,166.00 06-0735-00 RE Mark Brizard 2020 $141,000 $4,100 Appeal $2,301.29 13-1437-59 RE RI Housing & Mortgage 2020 $251,600 $0 Owner Exempt $4,229.40 19-2533-57 RE Frank Simonelli 2020 $1,110,300 $976,500 Appeal $2,249.18

Town Council Authorization: Real Estate Subtotal: $10,945.87 Motor Vehicle Subtotal: $0.00 Personal Property Subtotal: $0.00

Total Abatements: $10,945.87