East Greenwich Town CouncilRegular MeetingMonday, February 24, 2020 at 7:00 PMTown Hall, 125 Main Street, East Greenwich, RI 02818

AgendaThe East Greenwich Town Council will meet on Monday, February 24, 2020 at 7:00 PM, in the TownHall, 125 Main Street, East Greenwich, RI 02818.

(Any matter listed on this agenda is subject to discussion and a vote by the Town Council.) 1. Call to Order and Pledge of Allegiance to the American Flag 2. Public Comments :

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

3. Acknowledgements 3.a Proclamation for CMD William R. McClintick, USN Retired as the Town's eldest

resident and presentation of the Boston Post Cane.

2020.02.24 Boston Post Cane.pdf 3.b Commendation for Bethany Warburton for serving five years on the Cove Management

Commission. 2020.02.24 Bethany Warburton.pdf 4. Consent Calendar and Communications:

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

4.a Minutes from February 10, 2020 (Regular Meeting - Open Session) 2020.02.10 Town Council Minutes DRAFT.pdf 4.b Application for RENEWAL of Private Detective License for Benjamin Lupovitz 2020.02.24 Private Detective Lupovitz.pdf 4.c Application for a Class F Alcoholic Beverage License for the Westminster Unitarian

Church to hold a fundraiser at 99 Kenyon Avenue on March 14, 2020. 2020.02.24 Class F Westminster Church.pdf 4.d Application for a Class F-1 Alcoholic Beverage License for the Varnum Continentals to

hold a Member Dinner and Presentation on March 9, 2020 at the Varnum Armory, 6Main Street.

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2020.02.24 Class F1 Varnums.pdf 2020.02.24 Current insurance certificate.pdf 5. Reports and Presentations:

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

5.a Town Manager's Report 6. Unfinished Business:

(Any items that were not completed at a prior meeting.) 6.a An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 1

thereof, entitled "General Provisions", Article III "General Penalty", Section 1-18"General Penalty; continuing violation." (THIRD READING)

Chapter 1 General Provisions DRAFT.docx 2019.01.13 UTR Memo Ordinance Amendments 1-18 and 170-1.pdf 6.b An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 15

thereof, entitled Alcoholic Beverages, Section 15-3 Illegal consumption or possessionby minors declared a nuisance (THIRD READING)

Chapter 15 Alcoholic Beverages.docx 2020.01.13 Ordinance Amendments 15-3 and 174-15.pdf 6.c An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 170

thereof, entitled "Peace and Good Order", Section 170-1 "Drunkenness" be repealed.(THIRD READING)

Chapter 170 Peace Good Order.docx 2019.01.13 UTR Memo Ordinance Amendments 1-18 and 170-1.pdf 6.d An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 174

thereof, entitled Peddling and Soliciting, Section 174-15 Violations and penalties(THIRD READING).

Chapter 174 Peddling and Soliciting.docx 7. New Business:

(Any items that have not been previously discussed or acted upon.) 7.a Discussion on the Town of East Greenwich becoming a Tree City USA community 8. Council Announcements and Comments:

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

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9. Public Comments:

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

10. Executive Session :

(Limited to matters allowed to be exempted from discussions at open meetings per RIGL 42-46-5.)

10.a Closed pursuant to RIGL 42-46-5 (a) (2) for the approval of Executive Session minutesfrom January 27, 2020.

10.b Closed pursuant to RIGL 42-46-5 (a) (5) pertaining to any discussions or considerationsrelated to the acquisition or lease of real property for public purposes, or of thedisposition of publicly held property wherein advanced public information would bedetrimental to the interest of the public.

10.c Closed pursuant to RIGL 42-46-5 (a) (2) for sesions pertaining to litigation, specificallyto discuss BLT, LLC v. Town of East Greenwich, Case No. 1:20-cv-00072-MSM-PAS.

10.d Closed pursuant to RIGL 42-46-5 (a) (2) for sessions pertaining to potential litigation,specifically to discuss James M. Cullen.

11. Adjournment This agenda was posted on February 20, 2020 in accordance with RIGL 42-46-6. Individualsrequesting interpreter services for the hearing impaired must notify the Town Clerk's office at(401) 886-8604 via RI Relay #711 (800-745-5555 TTY) or in writing, at least seventy-two (72)hours in advance of the hearing date.

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20200210 Town Council Minutes Page 1

MINUTES Town Council

Town of East Greenwich Regular Meeting

Town Hall, 125 Main Street, East Greenwich, RI 02818 February 10, 2020

Town Council (4/5): Mark Schwager, President, Caryn Corenthal, Renu Englehart, Michael Zarrella (Absent: Michael Donegan, Vice President) Town Staff: Andrew Nota, Town Manager; Peter Skwirz, Assistant Solicitor; Leigh Carney, Town Clerk/Executive Assistant to the Town Manager; Lisa Bourbonnais, Planning Director; Catherine Bradley, Community Services & Parks Director; Patricia Sunderland, Finance Director; Joseph Duarte, Public Works Director; Capt. Stanley Cirella, Deputy Chief of Police; Rose Emilio, Human Resources Coordinator Others: Paula Durand, Stenographer; Cub Scouts Pack 3 East Greenwich 1) Call to Order and Pledge of Allegiance to the American Flag The meeting was called to order by Geremiah Lind of Cub Scouts Pack 3 East Greenwich, Webelos 2 Den. He led the assembly in the Pledge of Allegiance to the American Flag. Pack leader Don Frye explained the pack was learning about community service and citizenship. President Schwager introduced members of the Council and Town Staff. 2) Public Comments Exhibit 1 Playtime at the Polls Meg Carnaroli, Founding Director of Playtime at the Polls, distributed some materials which were entered into the record as Exhibit 1. She explained that she met with the Board of Canvassers last September but was unable to gain support for her program. A brief overview of the program was provided and she noted she would be attending the Board’s meeting tomorrow. She asked for Council’s support. Councilor Corenthal spoke in favor of the program. Christopher Keimig of 63 King Street commented on the recent increase and issuance of parking tickets on King Street. He was concerned with limited overnight parking areas; specifically on the south side. He requested an amendment to the ordinance to accommodate residents on King Street. 3) Consent Calendar and Communications

Motion to approve the Consent Calendar excluding Items 3.b. and 3.c. moved by Renu Englehart, seconded by Michael Zarrella AYES: ALL

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MOTION CARRIED 4 – 0

3.a Minutes from January 27, 2020 (Regular Meeting - Open Session)

2020.01.27 Town Council Minutes DRAFT.docx

3.b Award of bid to Bahr Sales, Inc. 1185 South Broad Street, Wallingford, CT 06492 for the purchase of a Sewer Jet Truck in the amount of $259,800.00.

Cover Page Bid Award Letter Jet Truck.pdf East Greenwich RI AJ16 with Vacall Freightliner Chassis Sourcewell Quote 1-20.pdf Acceptance and Award-Gradall 122017.pdf Mr. Duarte explained the truck cleans out the waste water drains. The existing vehicle is past its useful life. Life expectancy for a new truck is approximately 15 years. Motion to approve the award of bid to Bahr Sales Inc. 1185 South Broad Street, Wallingford, CT 06492 for the purchase of a Sewer Jet Truck in the amount of $259,800.00 moved by Michael Zarrella, seconded by Renu Englehart AYES: ALL MOTION CARRIED 4 – 0

3.c Award of bid to Martone Service Company, Inc., 22 Sextant Lane, Narragansett, RI 02882 for the "Boesch Farm House - Kitchen/Lead Paint Renovations" in the amount of $154,787.00.

Cover Page Boesch Farm House Bid Results 1-29-20.pdf Boesch Farm House - Bid Letter to Town Manager 2-3-20.pdf Martone Services Inc. Boesch Farmhouse Bid Review 2-4-20.pdf Mr. Nota explained that the farmhouse needs lead remediation which will require relocation of the family living there until the project is complete. Mr. Duarte explained the scope of the project and noted that a lead safe certificate will be issued. The site will require an inspection every two years to ensure it remains a safe living environment. Estimated completion date is mid-May. Mr. Nota explained that funds for the project come from a special revenue account generated by Happy Hearts Preschool which is owned by the Town. No tax dollars will be used. Discussion ensued on the sizable variance in both bids submitted.

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Motion to approve the award of bid to Martone Service Company, Inc., 22 Sextant Lane, Narragansett, RI 02882 for the "Boesch Farm House - Kitchen/Lead Paint Renovations" in the amount of $154,787.00 moved by Michael Zarrella, seconded by Caryn Corenthal AYES: ALL MOTION CARRIED 4 – 0

3.d Award of bid to Seascape Lawn Care, Inc., 1610 Flat River Road, Coventry, RI for fertilization and supplemental applications per the bid specifications.

Cover Page Award Letter.pdf Vendors Mailed.pdf Advertisement.pdf Bid Tabulation 2020.pdf

3.e Re-appointment of Ruth Feder to the Housing Authority for a five-year term to expire March 31, 2025.

3.f Resignation from Tracie Truesdell on the Municipal Land Trust effective

January 15, 2020.

3.g Resignation from Bethany Warburton on the Cove Management Commission effective February 5, 2020.

5) Public Hearing

5.a An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 170 thereof, entitled "Peace and Good Order", Section 170-1 "Drunkenness" be repealed. (SECOND READING)

Cover Page Chapter 170 Peace Good Order.docx 2019.01.13 UTR Memo Ordinance Amendments 1-18 and 170-1.pdf Legal Ad - Pendulum - 01-30-2020 Peace and Good Order.pdf Assistant Solicitor Skwirz explained that Item 5.a. repeals the criminalization of being drunk in public which is pre-empted by State law; Item 5.b. eliminates jail time for violations to the

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ordinance and the Town providing legal counsel to indigent defendants; Item 5.c. takes away the criminal penalty for the same reasons and Item 5.d. removes the possibility of jail time. Motion to approve and schedule for third reading on February 24, 2020 moved by Michael Zarrella, seconded by Caryn Corenthal Andy Horowitz, law professor at Roger Williams School of Law, commended the Town for working to decriminalize the municipal code as anything that justifies criminal prosecution is already covered by State law. He urged passage of all four amendments. Councilor Zarrella disclosed that he is a member of the RI Association of Criminal Defense Attorneys. AYES: ALL MOTION CARRIED 4 – 0

5.b An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 1 thereof, entitled "General Provisions", Article III "General Penalty", Section 1-18 "General Penalty; continuing violation." (SECOND READING)

Cover Page Chapter 1 General Provisions DRAFT.docx 2019.01.13 UTR Memo Ordinance Amendments 1-18 and 170-1.pdf Legal Ad - Pendulum - 01-30-2020 General Provisions.pdf Motion to approve and schedule for third reading on February 24, 2020 moved by Michael Zarrella, seconded by Renu Englehart There were no public comments. AYES: ALL MOTION CARRIED 4 – 0

5.c An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 15 thereof, entitled Alcoholic Beverages, Section 15-3 Illegal consumption or possession by minors declared a nuisance (SECOND READING)

Cover Page Chapter 15 Alcoholic Beverages.docx 2020.01.13 Ordinance Amendments 15-3 and 174-15.pdf

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Legal Ad - Pendulum - 01-30-2020 Alcoholic Beverages - consumption by minors.pdf Motion to approve and schedule for third reading on February 24, 2020 moved by Michael Zarrella, seconded by Caryn Corenthal Councilor Zarrella added that under-age drinking violations are covered under State law and either Family Court or District Court. There were no public comments. AYES: ALL MOTION CARRIED 4 – 0

5.d An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 174 thereof, entitled Peddling and Soliciting, Section 174-15 Violations and penalties (SECOND READING).

Cover Page Chapter 174 Peddling and Soliciting.docx Legal Ad - Pendulum - 01-30-2020 Peddling and Soliciting amendment.pdf Motion to approve and schedule for third reading on February 24, 2020 moved by Michael Zarrella, seconded by Renu Englehart There were no public comments. AYES: ALL MOTION CARRIED 4 – 0 4) Reports and Presentations

4.a Downtown Parking Discussion

Cover Page 2020.02.10 Downtown Parking.pdf Mr. Nota explained this is the beginning of a year-long process which supports preparing for the inclusion of a comprehensive parking study as part of the Capital Improvement Plan for FY 2021. Several parking related issues were raised in the fall during the license renewal process and more so recently. This presentation is offered to help Council decide on whether or not to take action on designated short term parking areas, long term residential overnight solutions and valet parking. He deferred to Lisa Bourbonnais, Director of Planning to provide some history.

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Ms. Bourbonnais gave a comprehensive presentation that provided a conceptual overview of what has happened to the parking situation over the past 25 years throughout Town. Following persistent vacancies on Main Street, a formal revitalization program was launched in 1995. As a result, restaurants flourished and residential and mixed use redevelopment projects increased. In 2005, a formal parking study was done which had certain deficiencies and assumptions. Recommendations included a more efficient use of existing parking, ride sharing and alternate modes of transportation. In conclusion, the study was inconclusive. As a result, off-street parking was increased for restaurants, one-way street designations were recommended as well as the installation of a parking deck. Time passed. Valet parking arrangements proved to be troubling coupled with increased development and restaurants. Ms. Bourbonnais identified a deficit of 827 parking spaces downtown. Restaurant specific results were provided. Planning and Zoning Boards held a joint workshop in October 2019 which provided three recommendations: enforce current regulations before developing new ones, conduct a new parking study and codify a valet ordinance as soon as possible. Maps were used to identify lots that serve Main Street and Town employees, three areas requiring increased parking at 481 Main Street, Exchange Street and Castle Street and three areas restricted to restaurants at Colby Plaza, 214 Main Street, 461 Main Street and the Washington Trust bank site. Council discussion ensued.

Councilor Corenthal spoke in favor of a valet ordinance prohibiting parking on Main Street, short term spaces for commercial use and more residential overnight parking. Councilor Englehart was concerned with enforcement and felt the boards should be able to say no without required parking. She also favored residential parking relief. Ms. Bourbonnais addressed certain trends and noted the board discussed metered parking and ride share stations for Uber/Lyft. She expected the traffic engineer to offer valid solutions. Councilor Englehart questioned if any Towns enforce their downtown effectively. Councilor Corenthal noted that Easton, MA (pop. 24,000) charges for valet permits and uses parking meters. Ms. Bourbonnais stated that a night time assessment would be valuable. Councilor Corenthal favored ‘one-ways’ and better lighting. President Schwager commented on designated parking for valets and whether or not it pertains to everyone. Ms. Bourbonnais confirmed it does not. Councilor Englehart had concerns about valet enforcement during peak season and hours and new mix-use developments requesting variances. Councilor Corenthal questioned if employees of businesses have designated parking areas. President Schwager identified five short term topics: enforcement of existing ordinances, address resident overnight parking, draft a valet ordinance, fee in lieu of parking variances for improvements/study and short-term parking.

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Discussion continued on how to prioritize and proceed with addressing short-term commercial, long-term residential and valet parking. Captain Cirella noted that prior administration gave permission to valet companies to use up to one and a half spaces on Main Street. Motion to authorize staff to come up with ideas to present and ordinance for first reading on short-term commercial, long-term residential and valet parking moved by Michael Zarrella, seconded by Renu Englehart Robert Vespia of Shippeetown Road commented on the use of parking meters in Boston and parking infractions at the intersection of Church Street and Peirce Street. Michael Dellagrotta of North Kingstown questioned where the liability lies if a patron from a restaurant which has received valet parking relief uses another restaurant’s parking. Assistant Solicitor Skwirz explained it would be difficult to place the onus on the Town. Ms. Bourbonnais explained the variance process for off-street/off-site parking before the ZBR and how valet becomes an option on a case by case basis. AYES: ALL MOTION CARRIED 4 – 0 Mr. Nota explained that the funding for the long term parking study will be included in the Capital Improvement Program for FY2021 and the RFQ will likely be very complex and comprehensive. President Schwager noted that VP Donegan wanted to look at alternative sites for parking relief.

4.b Town Manager's Report

2020.02.10 Town Manager Report.pdf Mr. Nota provided an update on several matters under consideration at the Rhode Island League of Cities and Towns including legislative initiatives pertaining to the Governor's budget, tangible tax proposal, firefighter cancer presumption, educational funding formula study and truck tolls. RIDE will hold a meeting at The Trust on February 28th to provide an update on the school construction program. He provided comments on Playtime at the Polls which is a local non-profit attempting to gain a presence at polling places throughout the State. The RFQ for the Waterfront Study is in its final stages. Personnel changes within multiple departments over the last several months were explained. 6) New Business

6.a Appointment to the Municipal Land Trust to fill a vacancy with the remainder of a five-year term to expire March 22, 2022.

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Motion to appoint Carla Swanson to the Municipal Land Trust to fill a vacancy with the remainder of a five-year term to expire March 22, 2022 moved by Renu Englehart, seconded by Caryn Corenthal AYES: ALL MOTION CARRIED 4 – 0 7) Council Announcements and Comments Councilor Corenthal commented on several legislative bills introduced at the General Assembly regarding a personal income tax credit to connect multi-family dwellings to municipal sewer; educational credits to school/town for a newly-hired School Resource Officer and cancer benefits for firefighters. Councilor Englehart commented on the increase of ‘flag’ signs on Route 2 which are not allowed and the dire condition of Route 2 due to National Grid’s installation of a gas main. 8) Public Comments Robert Vespia of Shippeetown Road commented on the State’s interest in reducing tangible tax rates. Christopher Keimig of 63 King Street questioned the process for moving forward on amendments to parking ordinances. 9) Adjournment Motion to adjourn moved by Michael Zarrella, seconded by Renu Englehart AYES: ALL MOTION CARRIED 4 – 0 Submitted by:

Leigh A. Carney, CMC Town Clerk/Executive Assistant to the Town Manager

VIDEO RECORDING AVAILABLE ON TOWN WEBSITE

https://eastgreenwichri.granicus.com/ViewPublisher.php?view_id=1

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: February 24, 2020

1. Agenda Item (List as it should appear on the agenda) Application for RENEWAL of Private Detective License for Benjamin Lupovitz 2. Submitted by (List department and individual, if necessary) Elaine Vespia, Town Clerk 3. Provide a brief description of the item and why it is on the agenda

Town Council must approve all Private detective applicationsRIGL 5-5

4. Provide a suggested Action Motion to approve 5. Contact person and phone number for questions. Elaine Vespia, 401-886-8603

ATTACHMENTS: 2020.02.24 Private Detective Lupovitz.pdf

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: February 24, 2020

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

Application for a Class F Alcoholic Beverage License for the Westminster UnitarianChurch to hold a fundraiser at 99 Kenyon Avenue on March 14, 2020.

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

Requires council approvalRIGL 3-7-14.1Liability insurance not required for Class F

4. Provide a suggested Action approve 5. Contact person and phone number for questions. Elaine Vespia, 401-886-8603

ATTACHMENTS: 2020.02.24 Class F Westminster Church.pdf

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: February 24, 2020

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

Application for a Class F-1 Alcoholic Beverage License for the Varnum Continentals tohold a Member Dinner and Presentation on March 9, 2020 at the Varnum Armory, 6 MainStreet.

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

Requires council approvalRIGL 3-7-14.1

4. Provide a suggested Action

Motion to approve - Issuance of license contingent upon receipt of updated Certificate ofInsurance.

5. Contact person and phone number for questions. Elaine Vespia, 401-886-8603

ATTACHMENTS: 2020.02.24 Class F1 Varnums.pdf 2020.02.24 Current insurance certificate.pdf

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: February 24, 2020

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

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

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

Refer to Solicitor's memo Introduced December 9, 2019 Public hearing February 10, 2020

4. Provide a suggested Action Approve 5. Contact person and phone number for questions.

Andrew Teitz, 401-331-2222

ATTACHMENTS: Chapter 1 General Provisions DRAFT.docx 2019.01.13 UTR Memo Ordinance Amendments 1-18 and 170-1.pdf

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 1 of 2

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

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

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

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

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

Section 2. This ordinance shall become effective upon adoption.

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 2 of 226

Counsellors AtLawMichael A. Ursillo *

Tel (401) 331-2222Andrew M. Teitz, AICP * 2Williams StreetFax (401) 751-5257atSouth Main Street) Scott A. Ritch *

peteskwirz@utrlaw. comProvidence, Rhode Island 02903-2918TroyL. Costa

Amy H. Goins * Peter Skwirz *

Gina A. DiCenso * ( OfCounsel) Admitted inRI*, MA, NY

MEMORANDUMTO: TheHonorable EastGreenwich TownCouncil; AndyNota, TownManager;

LeighCarney, TownClerk (forcirculation toCouncil)

FROM: AndyTeitz, TownSolicitor; PeterSkwirz, Assistant Solicitor

DATE: December 4, 2019

SUBJECT: Ordinance amendments § 1-18and § 170-1

Thepurposeofthismemorandum istoprovidebackground torecently proposed

ordinance amendments. Thefirstisanamendment tothegeneralpenaltyprovision inthecode

ofordinances § 1-18. Thisprovision wasamended toremove thepotential forjailtimeasa

penalty forviolationofTownordinances. RIGL45-2-65requires theTowntoprovide freelegal

counsel toanyindigent personthatisprosecuted inthemunicipal courtfor “anoffense thatis

punishable byimprisonment.” Accordingly, theTowncouldberequired topayfor legalfeesif

itprosecutes any ordinance againstanindigent individual subject to thegeneralpenalty

provision ascurrently drafted. Byeliminating thepotential forajailsentence, thiswilleliminate

therequirement oftheTownproviding freelegalservices.

Thesecondproposed amendment wouldrepeal § 170-1. Sec. 170-1, titled

Drunkenness,” provides, “Noperson shallbeintoxicated undersuchcircumstances asto

amount toaviolationofdecency inanypublicstreet, gangway, alleyorlaneinthisTown, or

uponanyofthewharvesorpublic landsorplacessetapartforpublicpurposes inthisTown, or

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uponthepremises ofanyother person.” However, state law, RIGL23-1.10-16(a), provides,

Neither thestate, municipality, norother political subdivision ofthestateormunicipality may

adoptorenforce alaw, ordinance, resolution, orrulehaving theforceoflawthat includes

drinking, beingacommon drunkard, orbeing found inanintoxicated condition asoneofthe

elements oftheoffense giving risetoacriminal orcivil penalty orsanction.” Accordingly, Sec.

170-1ispreempted bystate lawandshould berepealed toavoid erroneous enforcement.

S:\\EastGreenwich\\Ordinances & legislation\\Memoreamendmenttogeneralpenaltyandpublicdrunkeness.docx

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: February 24, 2020

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

An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 15 thereof,entitled Alcoholic Beverages, Section 15-3 Illegal consumption or possession by minorsdeclared a nuisance (THIRD READING)

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

The Homeless Bill of Rights Defense Committee has asked for additional ordinanceamendments to decriminalize ordinance violations. Introduced on January 13, 2020. Public Hearing February 10, 2020

4. Provide a suggested Action

Approve an ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 15thereof, entitled Alcoholic Beverages, Section 15-3 Illegal consumption or possession byminors declared a nuisance

5. Contact person and phone number for questions. Andrew Teitz, 401-331-2222

ATTACHMENTS: Chapter 15 Alcoholic Beverages.docx 2020.01.13 Ordinance Amendments 15-3 and 174-15.pdf

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 1 of 1

AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF EAST GREENWICH, CHAPTER 15 THEREOF, ENTITLED ALCOHOLIC BEVERAGES, SECTION 15-3 ILLEGAL CONSUMPTION OR POSSESSION BY MINORS DECLARED A NUISANCE.

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

Section 1. Chapter 15, Section 15-3 of the Code of the Town of East Greenwich is hereby amended to read as follows:

Sec. 15-3. – Illegal consumption or possession by minors declared a nuisance.

Any place in the Town at which the illegal consumption or possession of alcoholic beverages by persons under 21 years of age is occurring shall be declared a public nuisance. Any owner or resident of such a place who knowingly permits the illegal possession or consumption of alcoholic beverages by persons under 21 years of age shall have committed a violation of this section. A person who violates this section shall be guilty of a misdemeanor.

Section 2. This ordinance shall become effective upon adoption.

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Counsellors AtLawMichael A. Ursillo *

Tel (401) 331-2222Andrew M. Teitz, AICP * 2Williams StreetFax (401) 751-5257atSouth Main Street) Scott A. Ritch *

peteskwirz@utrlaw. comProvidence, Rhode Island 02903-2918TroyL. Costa

Amy H. Goins * Peter Skwirz *

Gina A. DiCenso * ( OfCounsel) Admitted inRI*, MA, NY

MEMORANDUMTO: TheHonorable EastGreenwich TownCouncil; AndyNota, TownManager;

LeighCarney, TownClerk (forcirculation toCouncil)

FROM: AndyTeitz, TownSolicitor; PeterSkwirz, Assistant Solicitor

DATE: December 16, 2019

SUBJECT: Ordinance amendments § 15-3and § 174-15

Thisofficepreviously submitted anamendment tothegeneralpenaltyprovision inthe

TownCodeofOrdinances, § 1-18, inordertoremove thepossibility forcriminal sanctions. This

amendment wasprompted because RIGL45-2-65requires theTowntoprovide freelegal

counsel toanyindigent personthatisprosecuted inthemunicipal courtfor “anoffense thatis

punishable byimprisonment.” Ithasrecently cometotheattentionofthisoffice thatcertain

specificpenalty provisions intheCodeprovidethataviolation maypunished asacrime: § 15-3

penalizing illegalconsumption orpossession ofalcoholbyaminor) and § 174-15 (penalizing

1operating asahawkerorapeddlerwithoutalicense). Amendments tothesesections areoffered

tobringtheminline withtherecent amendment tothegeneralpenaltyprovisionandtoavoid

anyadditional expense underRIGL45-2-62.

1 Thehawkers andpeddlers ordinance willneedtobesubject tofurtheramendment baseduponchanges instatelawonthistopic. However, theamendment to § 174-15wasmadetoquickly fixtheissueidentified, beforecompleting amorecomprehensive overhauloftheordinance.

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S:\\EastGreenwich\\Ordinances & legislation\\MemoreamendmenttoSec15-3andSec174-15.docx

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: February 24, 2020

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

An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 170 thereof,entitled "Peace and Good Order", Section 170-1 "Drunkenness" be repealed. (THIRDREADING)

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

Refer to Solicitor's letter.Introduced December 9, 2019 Public Hearing February 10, 2020

4. Provide a suggested Action

Approve an ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 170thereof, entitled "Peace and Good Order", Section 170-1 "Drunkenness" be repealed

5. Contact person and phone number for questions. Andrew Teitz, 401-331-2222

ATTACHMENTS: Chapter 170 Peace Good Order.docx 2019.01.13 UTR Memo Ordinance Amendments 1-18 and 170-1.pdf

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 1 of 1

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

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

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

Sec. 170-1. – Drunkeness. [REPEALED]

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

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

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Counsellors AtLawMichael A. Ursillo *

Tel (401) 331-2222Andrew M. Teitz, AICP * 2Williams StreetFax (401) 751-5257atSouth Main Street) Scott A. Ritch *

peteskwirz@utrlaw. comProvidence, Rhode Island 02903-2918TroyL. Costa

Amy H. Goins * Peter Skwirz *

Gina A. DiCenso * ( OfCounsel) Admitted inRI*, MA, NY

MEMORANDUMTO: TheHonorable EastGreenwich TownCouncil; AndyNota, TownManager;

LeighCarney, TownClerk (forcirculation toCouncil)

FROM: AndyTeitz, TownSolicitor; PeterSkwirz, Assistant Solicitor

DATE: December 4, 2019

SUBJECT: Ordinance amendments § 1-18and § 170-1

Thepurposeofthismemorandum istoprovidebackground torecently proposed

ordinance amendments. Thefirstisanamendment tothegeneralpenaltyprovision inthecode

ofordinances § 1-18. Thisprovision wasamended toremove thepotential forjailtimeasa

penalty forviolationofTownordinances. RIGL45-2-65requires theTowntoprovide freelegal

counsel toanyindigent personthatisprosecuted inthemunicipal courtfor “anoffense thatis

punishable byimprisonment.” Accordingly, theTowncouldberequired topayfor legalfeesif

itprosecutes any ordinance againstanindigent individual subject to thegeneralpenalty

provision ascurrently drafted. Byeliminating thepotential forajailsentence, thiswilleliminate

therequirement oftheTownproviding freelegalservices.

Thesecondproposed amendment wouldrepeal § 170-1. Sec. 170-1, titled

Drunkenness,” provides, “Noperson shallbeintoxicated undersuchcircumstances asto

amount toaviolationofdecency inanypublicstreet, gangway, alleyorlaneinthisTown, or

uponanyofthewharvesorpublic landsorplacessetapartforpublicpurposes inthisTown, or

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uponthepremises ofanyother person.” However, state law, RIGL23-1.10-16(a), provides,

Neither thestate, municipality, norother political subdivision ofthestateormunicipality may

adoptorenforce alaw, ordinance, resolution, orrulehaving theforceoflawthat includes

drinking, beingacommon drunkard, orbeing found inanintoxicated condition asoneofthe

elements oftheoffense giving risetoacriminal orcivil penalty orsanction.” Accordingly, Sec.

170-1ispreempted bystate lawandshould berepealed toavoid erroneous enforcement.

S:\\EastGreenwich\\Ordinances & legislation\\Memoreamendmenttogeneralpenaltyandpublicdrunkeness.docx

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: February 24, 2020

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

An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 174 thereof,entitled Peddling and Soliciting, Section 174-15 Violations and penalties (THIRDREADING).

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

The Homeless Bill of Rights Defense Committee has asked for additional ordinanceamendments to decriminalize ordinance violations. Introduced January 13, 2020. Public Hearing February 10, 2020

4. Provide a suggested Action

Approve an ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 174thereof, entitled Peddling and Soliciting, Section 174-15 Violations and penalties

5. Contact person and phone number for questions. Andrew Teitz, 401-331-2222

ATTACHMENTS: Chapter 174 Peddling and Soliciting.docx

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 1 of 1

AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF EAST GREENWICH, CHAPTER 174 THEREOF, ENTITLED PEDDLING AND SOLICITING, SECTION 174-15 VIOLATIONS AND PENALTIES.

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

Section 1. Chapter 174, Section 174-15 of the Code of the Town of East Greenwich is hereby amended to read as follows:

Sec. 174-15. – Violations and penalties.

Any person who violates the provisions of this chapter or who files, or causes to be filed, an application for a hawker's, peddler's or solicitor's permit under this chapter containing false or fraudulent statements, or who utilizes or employs fraudulent means in connection with any solicitation or sale, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than $500. However, any person who violates the provisions of this chapter by selling as a hawker, vendor or peddler without a permit, or who violates the terms of any permit issued, shall for each offense be fined $100 or imprisoned not exceeding 10 days.

Section 2. This ordinance shall become effective upon adoption.

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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM

Town Council Meeting Date: February 24, 2020

1. Agenda Item (List as it should appear on the agenda) Discussion on the Town of East Greenwich becoming a Tree City USA community 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda Become a Tree City

4. Provide a suggested Action authorize the Solicitor to draft the appropriate ordinance 5. Contact person and phone number for questions. Andrew E Nota, 401-886-8665

ATTACHMENTS:

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