Date posted: JULY 3, 2023 by 4:00 P.M. All items on this agenda are to be discussed and/or acted upon. TOWN OF LITTLE COMPTON TOWN COUNCIL Wilbur McMahon School, Media Center 28 Commons Little Compton, RI MEETING OF JULY 6, 2023 Live streaming at ittps/www.youtube.com/channe/uCNOKCOBPA3aHI4Z0AH098 AGENDA 7:00 P.M. Salute to the Flag Announcements: Approval ofMinutes- Department Head Reports: Old Business: June 15, 2023 1. Ratify execution ofl Memorandum ofUnderstanding entered into by the Town Administrator 2. First draft ofa proposed ordinance to create an Agricultural Overlay District, review and 3. Ratify the actions oft the DPW Director, Town Administrator and Council President and accept ai report from same on the award of] Roadside mowing after a sealed bid process 4. Consider extension ofr retainer for the services of Marissa Desautel, Esq. to represent the' Town regarding the Mayflower Wind, now SouthCoast Wind before the Energy Facility Siting Board. regarding thej purchase of a van: from RII Public Transit Authority consider how toj proceed New Business: 1. Presentation from the LC. Agricultural Conservancy Trust updating the council on LCACT 2. Request from United Congregational Church to use the walking track for a child's race on. July 3. Request from Barbara Passmore to hold the LC Community Dinner on the Commons on 4. Ratify actions oft the Town Administrator to apply in conjunction with the School Dept. and the 5. Letter from Fire ChiefPetrin: requesting FF Brittany Cunha be removed from probationary status and appointed as a permanent member oft the LC Fire Department, effective 01 July 2023. happenings. gth in conjunction with its Church Fair and Road Race. September 10, 2023 at 3 pm. Community Center for Learn365RI Grant funds Board ofLicense Commissioners: 1. Request from Gnome Inc. for a Class F one day Retail Beverage License for the Gnome Surf Clambake to bel held on. August 13, 2023 at the LC Game Club John Dyer Road facility. Communications: 1. Letter from Martina Halsey asking the Council to address the matter of the Town's Solicitor serving as a Coastal Resources Management staff attorney as well as serving the Town ofLittle Compton asi it relates to off-shore wind farm projects currently before CRMC. 2. Thank you note from the LC Grange, No. 32 thanking the town for the partial repairs oft the steps at 32 Commons and looking forward toi more: repairs ini the future. 3. Request from the LC Community Center for the roadway in front ofthe Center to be closed to traffic during the Annual Summer Concert Series, specifically August 9, 16 and 23 of2023. 4. Request from Steven K. Reuter Lawn and Landscape Inc. to renew his license tol haul refuse to the Town Transfer station in a vehicle with a gross vehicle weight in excess of 4,000 Ibs. for the 5. Copy ofal Notice from RI Dept. of Environmental Management regarding an application under consideration from Shirley McHugh, Shaw Road requesting permission to alter freshwater 6. Electronic communication received from Kristen Fox expressing her support oft the flying oft the 7. Letter from Barbara Passmore expressing her concern with the School flying flags other than ensuing year. wetlands in the Town ofLittle Compton. pride flag at the school. the American Flag at the school. Consent: 1. Copies of emails received from Frank Haggerty forwarding articles on offshore wind project 2. Thank you card received from the Portsmouth High School Post Prom Party Committee 3. Copy ofai resolution adopted by the Burrillville Town Council opposing Senate Bill 2023-137 and House Bill 2023-5201 concerning injured on duty and disability pension for fire fighters impact to a wide list ofi recipients. thanking the town for its donation. and police officers. The General Assembly has adjourned for 2023. Payment of] Bills Executive Session - under RIGL Section 42-46-5(a)(2): - pending litigation Consent Agenda - All: items listed are considered to be routine by the' Town Council and will be enacted by one: motion. There willl be: no separate discussion oft these items unless a council: member or citizen sO requests in which event thei item will be withdrawn from the General Order oft business and considered in the normal sequence on the agenda. All are welcome to any meeting at the town, which is open to the public. Individuals requiring communication assistance or any accommodation to ensure equal participation will need to contact the Town Clerk at 635-4400 not less than 481 hours prior to the meeting. Minutes of Minutes of a meeting oft the' Town Council held on. June 15th, A.D. 2023 at 7:00 o'clock PMI held ini in-person format at the Little Compton Community Center, 34 Commons, Little Compton, RI. Members present: Paul. J. Golembeske, Andrew Iriarte-Moore, Gary S. Mataronas, Patrick McHugh and Robert L. Mushen. Also: Anthony DeSisto, Town Solicitor, and Antonio Teixeira, Town Administrator. At7:00 PM1 the Council President called the meeting to order with a Pledge of Allegiance tot the Flag. Announcements: 1) The Council received a Public: Notice: for comment on an application before Coastal Resources Management Council to: replace and revise the Army Corps of] Engineers Rhode Island General Permit for a standard period of 5 years. The comment period ends June 28, 2023. This matter was placed on by unanimous consent as follows: Motion made by Councilor Mushen, receiving a second from Councilor Golembeske, voting in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To refer to the Town Administrator a 15-day Publici Notice received from the Coastal Resources Management Council concerning an application #2023-05-091 to réplace and revise the Army Corps of] Engineers Rhode Island Genéral Permit for a standard" period of5 years due to: file comments necessary, no later than June 28, 2023 on behalf oft the' Town. Motion made by Councilor Mataronas, receiving a second' from Councilor Golembeske, voting in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To approve, as written the. June 1stand, June 6, 2023 Town Council meeting minutes. Motion made by Councilor Mataronas, réceiving a second from Councilor Golembeske, voting in' favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To place thei following Department Head Reports on file: 1, Town Clerk-N May: Monthly Report 2.. Police, Department- - May Activity Report 3. Finance: Director- - May Monthly Report 4: Tax Assessor: : May Monthly Report 5: Fire Department - May Activity Report Councilor McHugh asked the Town Clerk to elaborate on1 the comment inl her report of daily interaction with the IT sub-contractor, Everlasting Design wondering if she was satisfied with the service. She rèsponded that she is very satisfied with the services. Angela Denham addressed the Council with concerns of the seniors regarding a location for activities, a designated phone line for the seniors to call to for "any" information they need, and ai request to designate Councilor Iriarte-Moore as a liaison between the seniors and the Council. A lively discussion ensued: The Council is appreciative of the communication Currently the seniors believe the public does not know who to call for information org guidance. The current Director of Social Services is Susan Sisson The Town Clerk's office number and Police Dispatch number is printed in town materials to contact the Director. This was started because the Director uses her home as her base office. Referrals are sent to the Director by churches, school, town hall, Police Dept., LCI Village Improvement Society... multiple sources. Some feel the use oft the police dept. is not appropriate. Seniors want al location thati is not a mixed use with other boards or groups. They want control over the building and its uses, willing to allow others use if they are The Council currently has a designated phone line for reserving use oft the senior van. That number could accommodate both van reservations and information When a designated number is determined it cân be listed on the town's website, Itwasr mentioned that the current Director of the Community Center, Amy Mooney isv willing to provide services, but would like to see a needs study completed. O The Director must get approval from the Board of Directors priort to Seniors have been using spaçe at both the Tiverton Senior Center, a church in Tiverton and the Westport Senior Center. They would like something similarto Could the old police station; 32 Commons bet the designated senior center? Currèntly used by others. from time. to time, but it could be a viable What is the anticipate. use oft the old maintenance garage/building after their new able. messages. newsletters: and other media options implementing any changes The LCCC is suitable, but does' have mixed" uses these examples and: suggest the Councilors visit the sites. temporary. option. building is constructed? O Currently, planned: for demolition due to its condition. Some feel it could be renovated to meet the senior's needs. Costs associated with a designated location is the purchase/renoyation options, salaries for Director and or Asst. Director. Costs for programs and Where would: funding, come from? materials as needed. Many residents spoke: Angela Dénham Sue Sisson Caroline Wilkie Wordell Sal Marinosci Barbara Passmore Carolyn Montgomery Mikel Folcarelli Bonnie Phinney After discussion the following was voted: Motion made by Councilor Golembeske, receiving a second from Councilor McHugh, voting ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To secure a needs study regarding a senior center and needs oft the elder population and put onl hold the current decision to demolish 30 Commons (Maintenance Garage/Building) Motion made by Councilor McHugh, receiving a second from Councilor Mataronas, voting ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To appoint Councilor Andrew Iriarte-Moore as the liaison between the' Town Council and the! Little until said study is complete. Compton Seniors. Motion made by Councilor. McHugh, receiving a second from Councilor Mataronas, voting in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To grant the following Professional Development stipends to be paid for Fiscal Year 2023: Tax Assessor - Denise Cosgrove, RICA Town Clerk - Carol A. Wordell, CMC amount: $750 amount: $750 Motion made by Councilor Iriarte-Moore, receiving a second from Councilor Mataronas, voting in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Tore- appoint Don McNaughton to serve as a trustee on1 thel LC. Agricultural Conservancy Trust Motion made by Councilor McHugh, receiving a second from Councilor. Mataronas, voting in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Tore-appoint Michael Mass to serve as the Town's Harbor Master/Commissioner of Wrecks for the Motion made by Councilor McHugh, receiving a second from Councilor Mataronas, voting in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Toi re-appoint Chris Brady to sèrve as the' Town's Assistant Harbor Master for the ensuing year. Motion made by Councilor Mataronas, receiving a second from Councilor Golembeske, voting ini favor, (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Tore- appoint Stephen Ham, Roger Lord: and Robl Marra to serve on thel Pension Committee as Môtion. made by Councilor Mataronas, receiving a second from Councilor Golembeske, yoting in favor (Golembeske; Iriarte-Moore, Mataronas, McHugh, Mushen): Tore- appoint Richard P.] D'Addario as the' Town's) Probate Judge: for ai term expiring July 1, Motion made by Councilor Mataronas, receiving a second from Councilor. Iriarte-Moore, voting in favor' (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Tore- appoint Herbert. A. Case to serve as ai member ofthe Zoning Board of] Review and to re- appoint Mikel Folcarelli to serve as an alternate member oft the Zoning Board of Review for at term expiringJuly 1,2028. ensuing year. : members at large for the ensuing year. 2025. for terms expiring. July 15,2028. Motion made by Councilor Golembeske, receiving a second from Councilor. Mataronas, voting ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To set thei following salaries and benefits with authorization to the Finance Director for approved payments asi found in item #10: SALARIES. AND: BENEFITS JULY1,2023 -JUNE30, 2024 1. Police Officer Reserve Program: Hourly at the Sergeant's rate of $33.10 per hour Private Detail - As set by union contract at $52.88 per hour Town Detail - As set by union contract at 1.5 times the sworn officer's hourly rate 2. Substitute Firemen: (part time firefighters): Hourly ati the Probationary Firefighter rate. $22.20 per hour Non-Civic Details; As set by CBA at 2 times the hourly rate of] Firefighter 2nd class. Town Details: As set by the CBA at 1.51 times thel hourly rate of the firefighter assigned. $51.44 per hour 3. Per diem town employees (less than 24 hours per week): Clerks $18.50/hr. Laborers $18.00/hr. 4. Harbor Master $15,000 per year; with reimbursement of $40 per month for cell phone use as Harbor Master until his personal contract expires and hej joins thet town's cell phone plan; no other benefits Assistant Harbor Master - $2,000.00 yearly, Building Officials' Inspectors 5. Electrical Inspectors $40.00 per visit PlumbingMechanica Inspectors $40.00 per visit 6. 7. Leonard Corrao (DisabledF Firefighter) - Town payment as per vote of Financial Town Meeting Tree Warden and Equipment (Contract Work). Labor- $50/hr. Pickup Truck- $25/hr. One Ton dump body $35/hr. Tractor and Loader - $25.00/hr. Bucket' Truck - $50/hr. Chipper -$45/hr. Stump Grinder, new: request, $60/hr.. Chipper Truck, new request, $35/hr. Mini track excavator (with operator), newi request, $80/hr. (Vote ofTown Council on 11/25/1985 - Outside contractors shall pay the tree warden $15.00/day and notify him not less than 72: hrs. (when possible). prior to entering' Town; also to notify him immediately upon completion ofwork). M, Labor $45/hr. Pickup Truck $25.00/hr. Backhoe w/operator- $88/hr. 8. Highway Personnel and Equipment (Contract Work): Tractor w/ Rotary Mower and Operator - subject to bid process Tractor w/Side Mower & Operator - subject tol bid process Tracked Backhoe (excavator) and operator - $98/hr. Mini track excavator (with operator), newi request, $80/hr. Five to Seven (5-7) Yard Dump Truck. - $45/hr. Grader w/operator $75.00/hr. One' Ton Dump Truck- - $35.00/hr. *Machine Operator labor only $50/hr. *Mechanic work on town owned equipment labor only $50/hr. *Storage ofTown Sander Truck and parts $200/month Snow Removal (All w/operator): Four Wheel Drive (4WD) Pickup w/8 ft. Power. Angle Plow- $73.00/hr. One (1)T Ton (or Greater) Truck w/9 ft. Power. Angle Plow- -$78.00/hr. One (1)Loader w/operator- - $75.00/hr. Six (6) Wheel Dump Truck w/10 ft. Plow $74.00/hr. Sanding Town Roads $355/sand or $320/sand w/Town sander All Salaries and Benefits as set: forth in the signed contracts between the' Town Department Heads, LB.P.O,LA.F.F, and thel Little Compton Municipal Employees 9. Association, and the' Town ofLittle Compton 10. Also, authorize! Finance Director to pay: 1. Salaries of elected officials as voted at the 2023. Annual Financial Town Meeting, 2. All bills presented by the L.C. Free Public, Library: and the Beach Commission. 3. Salary of Probate Judge as voted at the 2023 Annual Financial Town Meeting. Motion made by Councilor Mataronas, receiving a second from Councilor Golembeske, voting ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To accept with: regret the resignation of William Moore from his position as Director of Public Works effective. July: 15, 2023 and to send Mr, Moore al letter of gratitude for his Anthony DeSisto, Town Solicitor offered the opinion that RIGL 44-3-3 regulates exemption oftaxation for various groups. Thel LC Game Clubl has received an exemption from the Town Council under 44-3-3 subsection (25) non-profits efforts to keep open space. He believes subsection (8) Charitable Activities, also àllows some discretion to the Council for exemption of this club. Thel LC Game Club owns twoj parcels ofl land totaling over 10 acres. He proposes that the Council could ektend the exemption fort the Game Club if they believe the club has shown they meet the eligiblé criteria. He also suggests that for the next legislative session the Council should consider proposing an àmendment to. RIGL 44-3-3 to allow the Game Club to be 4. Longevity payments years of service to the town. listed as exempt in perpetuity. Councilor Mataronas asked for representative oft the Game Club to speak. Scott. Lewis, Treasurer: for the Club gave briefl history: of the exemption by the Council in thej past. Since! 2018 the Club has submitted copies oft their tax filings (990 form) and al listing of charitable donations and educational activities undertaken by the club for the prior year. (Filed with. Assessor and Town Clerk for vault). Over the past 10 years the club has donated over $23,000. The Solicitor notes that based on this representation and the past exemption history granted by the Council it would be awkward not to extend the exemption. After a brief discussion ofwhether to exempt this evening or delay by two (2) weeks to allow Councilors to read the Motion made by Councilor Mataronas, receiving a second from Councilor. Iriarte-Moore, voting ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh) Councilor Mushen opposed: To extend tax exemption to thel Little Compton Game Club and to additionally propose to submit to the' Town's Representative and Senator an amendment for consideration by the General. Assembly amending RIGL 44-3-3 to include the Little yearly submittals thei following was voted: Compton Game Club as ai non-profit exempt from taxation. Chad Valcourt, member oft thel LC Game Club asked ift the club could review the proposed amendment prior to filing with the state. The Town Clerk will distribute thej proposal to Motion made by Councilor McHugh, receiving a second from Councilor. Mataronas, voting in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To grant permission to Ed) Burnett to use the Towns recreational fields and Veteran's. Field on August 19, 2023, rain date August 20, 2023 to hold the: first Caitlin Burnett Memorial Motion made by Councilor Golembeske, receiving a second from Councilor. Mataronas, voting ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To grant the renewal ofal Private Detective License to. Robert P. Skiffington for the ensuing Motion made by Councilor Golembeske, receiving a second. from Councilor Iriarte-Moore, voting ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To grant the renewal ofa Refuse Hauling Licènsé tol Fred! Bodington II for a vehicle with a gross vehicle weight in excess of4,0001 lbs. for the ensuing term expiring June 30, 2024. Motion made by Councilor Mataronas, receiving a second from Councilor, Iriarte-Moore, voting ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To 1. Copies of emails from Frank Haggerty concerning SouthCoast wind turbine 2. Copy ofaresolution adopted. by the Warren Town Council strongly encouraging the General Assembly to approve legislation toi authorize financing ofas school 3. Copy of a1 resolution adopted by the Barrington Town Council celebrating June as Motion made by Councilor Golembeske, receiving a second from Councilor Mataronas, voting ini fayor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): That the Council and Club upon receipt. Scholarship Soccer Tournament. year. place on file the consent calendar as follows: projects, varied articles construction and/or renoyation project. Pridel Month in Barrington thel bills be allowed and ordered paid as follows: $190,308.85 Petro Gasoline - Petro Diesel WBMason Town Clerk Goulart Petroleum, Inc. Harbor Management Funds East Bay Media Group Probate Bast Bay Media Group Probate East Bay Media Group DPW/Highway East Bay Media Group- DPW Southcoast Cleaning Town Hall/32 Commons Southcoast Cleaning Public Safety Complex Southcoast Cleaning Town Hall/32 Commons Southcoast Cleaning Public Safety Complex Bagle Leasing Co. - town hall storage units Anthony DeSisto Law Associates LLC-I Legal services Info Quick Solutions Inc. - Town Clerk RIJ Energy Town Hall (April and May) RI Energy Cell Tower RII Energy street lights $511.03 $537.52 $65.59 $30.84 $52.50 $70,00 $123.00 $110.00 $600.00 $600.00 $725.00 $725.00 $569.96 $7,083.33 $1,045.25 $1,256.73 $526.96 $21.73 RIJ Energy Public Safety Complex RII Energy street lights Adamsville RI Energy Transfer Station RI Energy IOOF RIJ Energy 32 Commons RI Energy Town. Dock $1,148.00 $61.59 $107.43 $39.24 $43.08 $145.38 $240.10 $210.00 $312.57 $80.00 $24.23 $50.00 $50.00 Salva N Sons Safe N Security Town Hall restoration Michael Massa - Harbor Management Funds CS&MTele-Systems Inc. Town hall phones RII Dept. of State - Assessor StA Annes Hospital Amb. Reimb. Fund Griggs & Browne - Public Safety Complex (fire) Griggs & Browne - Public Safety Complex (police) FSP Books & Videos - Fire Dept. Wilbur's General Store Fire. Dept. Crystal Rock - Fire Dept. Humphrey's - Fire Dept. Caseys Oil - multiple town buildings Griggs & Browne 30 Commons Griggs & Browne Town hall Griggs & Browne Transfer Station West Parts & Supplies -DPW Home Depot Highway Verizon Wastewater Treatment. Façility Verizon DPW Transfer Station Lynch Corp. - Highway Dave's Lawnmower. Repair-DPW Humphrey's Highway. Effluential Technologies wastewater treatment. facility Denise M. Cosgrove - Tax Assessor Postmaster Tax Assèssor RITCCA-Town Clerk WBMason Town Clerk WBMason Town Hall Everlasting Designs - computer Everlasting Designs - computer /town. hall restoration Everlasting Designs - Computer. thel Metalworks Çorp. ARPA Funds Street lights Cox- - Police Dept. State of] Rhode Island: - Police Dept. Crystal Rock Police Dept. Grogan-Marciano Sporting Goods - Police Dept. Wilbur's General Store Police Dept. Rob's. Auto Care Inc. Police Dept. Damon Company town hall restoration MH Architect,LLC-t town hall restoration MH Architect, LLC - town hall restoration East Bay) Media Group Probate East Bay Media Group DPW Emergency Training Associates - Fire Dept. Emergency Training Associates - Fire Dept. $196.85 $8.55 $57.95 $184.90 $448.25 $1,174.95 $80.00 $120.00 $120.00 $301.31 $264.73 $56.23 $225.40 $182.32 $399.35 $97.43 $1,438.92 $534.67 $189.00 $42.00 $550.72 $30.96 $1,645.00 $1,470.00 $2,450.00 $9,000.00 $3.27 $40.00 $50.32 $159.55 $7.99 $296.95 $558.08 $146,701.97 $1,210.00 $1,100.00 $324.00 $17.50 $110.00 $2,300.00 Brennan, Recupero, Cascione, Scungio & McAllister LLP- legal $300.00 $2,000.00 No further business before the Council the meeting was declared adjourned at 8:07 PM. Carol A. Wordell, CMC, Town Clerk OB/ Unun of Little Compton Joun Hall 3.0. Mnx 226 Gittle Compton, RJ 02837 To: From: Date: Subject: Great news! Honorable Town Council Antonio A. Teixeira Town Administrator July6,2023 RIPTA van purchase Rhode Island Public Transit Authority (RIPTA) has sent us a Memorandum of Understanding (MOU) for our review and approval to go forward with the purchase of the van. The agreement has been modified to reflect a change of contribution by the Town of Little Compton. The initial match/contriution from the Town was 20%. That amount has been picked up by CARES Act Coronavirus relief funds, the cost to the Town is zero percent. Please refer to the attached MOU, page two Section Two-P Performance. lask the Town Council to ratify the signed MOU on behalf oft the Town of Little Compton. Ihad to submit within the time frame. Thank you! 1 MEMORANDUM OF UNDERSTANDING COMMUNITY VAN PROGRAM This Memorandum of Understanding ("MOU") is entered into by the Rhode Island Public Transit Authority ('RIPTA") and Little Compton ("Municipalty"). RIPTA and Municipality may be referred to collectively as the ("Parties"). RECITALS WHEREAS, RIPTA has access to Federal Transit. Administration ("FTA") Section 5311 WHEREAS, the Municipality is in need of a van to meet the transportation needs ofi its WHEREAS, the Municipality seeks to obtain a van from RIPTA that the Municipality will NOW, THEREFORE, in consideration oft the promises in this MOU, and for other good and valuable consideration the receipt of which is hereby acknowledged, the Parties formula funding for vans that will provide rural transportation. residents, use, maintain and operate to provide transportation for its residents. agree as follows: SECTION ONE - PROVISIONS Recitals. The Recitals above are true and correct and made part of this MOU for Incorporation by Reference. All of the terms and conditions described in FTA's Master Agreement, are expressly incorporated by reference into this MOU and made a Term. The term of this MOU shall commence on the date of execution and shall continue through until the ownership of the van has transferred from RIPTA to the Entire Agreement. This MOU represents the entire agreement between the Parties Modification. This MOU may only be modified in writing signed by both parties. all purposes. part hereof. Municipallty, with respect to its subject matter. Waiver of Breach. The failure ofe either Party to enforce any provision oft this MOU shall not be deemed a waiver of such provision or modification of this MOU. A waiver of any breach under this MOU shall not be deemed a waiver of any subsequent breach. Governing Law. Venue and Waiver of Jury Trial. This MOU shall be interpreted and construed in accordance with, and governed by, the laws of the State of Rhode Joint Preparation. This MOU has been jointly prepared by the Parties, and shall Severability. In the event any part of this MOU is found to be unenforceable by any court of competent jurisdiction, that part shalll be deemed severed from this MOU and Counterparts. This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Signatures provided by facsimile or by e-mail delivery of a pdf-format Island. not be construed more strictly against either party. the balance of this MOU shall remain in full force and effect. file shall have the same force and effect as an original signature. Indemnification. The Municipality agrees to indemnify and hold harmless RIPTA and the FTA against any liens, judgments, awards, demands, claims for personal Injuries or property damages, or damages of any nature relating to or arising from the Municipality's possession, maintenance, use and/or operation of the van, including but not limited to all amounts comprised of direct damages, indirect damages, consequential damages, catastrophic damages, punitive damages, interest, costs and/or attorneys' fees. SECTION TWO -PERFORMANCE Purchase. RIPTA will purchase the type of van sought by the Municipality. RIPTA will cover one hundred percent (100%) oft the purchase price, furnishing eighty percent (80%) through the use of FTA Section 5311 formula funds and the remaining twenty percent (20%) match through CARES Act Coronavirus relief funds. RIPTA will retain ownership of the van during the Lien Period. Possession. RIPTA willt transfer possession of the van to the Municipality. Lien Period. RIPTA will place and retain a lien on the van for a perlod off five years from the date Possession is transferred from RIPTA to the Municipality. This five- year period encompasses the van's useful life defined by the FTA. During the Lien Period RIPTA will hold possession of the title. Transfer, At the expiration oft the Lien Period RIPTA will remove the lien and Maximum Use, The Municipality agrees to maximize its use of the van at all times to provide transportation that meets the transportation needs of its residents and supports transportation needs promoted by other federal projects or public transfer ownership of the van to the Municipality, transportation initiatives. Failure to Perform. Ifat any time the Municipality fails to perform the terms and conditions of this MOU, or otherwise engages in conduct so as to breach the terms and conditions oft this MOU, RIPTA shall have the right to reclaim possession of the van, with the Municipality forfeiting any right to claim reimbursement oft the amount paid to purchase the van, SECTION THREE - REQUIREMENTS Insurance. Municipality shall secure and maintain commercial comprehensive general liabilltyi insurance, with limits of $3,000,000.00 per occurrence and $5,000,000.00 aggregate for the duration oft the term of the MOU. Municipality must name RIPTA: as an Proof of Insurance. Municipality shall furnish proof of insurance to RIPTA, which isa appended hereto as "Exhibit A". Municipality shall also seasonably supplement proof Maintenance, The Municipality shall be solely responsible for all timely and proper maintenance and repairs to the van that meets or exceeds manufacturer requirements and for compliance with all warranty requirements. additional insured on the policy. ofi insurance, upon expiration and renewal of any policies. Records. The Municipality shall keep accurate records pertaining to the van's Inspection. At any time, upon reasonable notice to the Municipality, RIPTA shall be authorized and entitled to inspect the condition oft the van and to review all Records operation, use, maintenance and/or repair. maintained by the Municipallty in accordance with this MOU, SIGNATURES ON NEXT PAGE RHODE ISLAND PUBLIC TRANSIT AUTHORITY MC Scott Avedisian, Chief Executive Officer L/23/2023 By: Date: Approved as to form and substance: Date: 06.20.23 StévenA. Colantuono, Chiefl Legal Counsel MUNICIPALITY By: Ah Llehig Printed Name: ATOiO ATSIXSRA Title: (DwN -DHTNISTENTDR Date: 5.16.2023 DB2 RECEIVED JUN 30 2023 514-6.1. Agricultural Overlay District. $14-6.1.1 Purpose. The agricultural overlay district (hereinafter referred to as the "AOD") shall overlie portions of otherzoning districts established by this ordinance. The area ofl Little Compton within the AOD shall be subject to this article and to the provisions of the underlying: zoning district in which the AOD is located that are not in conflict with the provisions oft the AOD. The purpose oft the AOD is to encourage farming and agricultural operations within the AOD by permitting existing establishments that provide food to visitors to also provide alcoholic beverages for sale to visitors subject to the issuance of proper licensing by the Town Council, in addition to the principalagricuitural activities conducted upon the site. $14.6.1.2 Definition. As used in this Article, "Farm" and "Agricultural Operation" means any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture ort the raising of crops. $14-6.1.3 Agricultural Overlay District. The AOD shall consist of that area sO delineated on a map entitled "Agricultural Overlay District" attached toi this ordinance and filed in the office of the Town Clerk. The boundary oft the AOD shall consist of Assessor's Plat Lots 1 $14.6.1.4 Permitted Uses in the Agricultural Overlay District. Upon any farm or agricultural operation located within the AOD, the following uses are permitted by right, subject to any licensing requirements of the Town of Little Compton: 1. For an existing restaurant or café: An eating establishment which offers food for sale to the public that has a kitchen facility to prepare food on the premises may also include a bar area fori the service of alcoholic beverages to visitors. $14.6.1.5 Other Ordinances and Regulations. All dimensional regulations set forth ini this Chapter for the underlying zone shall apply in the AOD. All use regulations forth in this Chapter for the underlying zone that do not conflict with permitted uses set forth in S 14.6.1.4 shall apply in the AOD. All other Town of Little Compton ordinances, regulations and license requirements shall also apply in the AOD. 2 OB-3 Town ofLittle Compton Office ofthe Council President Post Office Box 226 Little Compton, Rhode Island 02837 3July2024 MEMORANDUM To: Town Council Re: Solicitation for Roadside Mowing response to the subject solicitation. This memorandum describes for the record the actions taken with the The Town solicitation for roadside mowing services issued on 8 June 2023 resulted in a single response. Due to the urgency of commencing mowing, the Director of Public Works sought and received the concurrence of the Town Administrator and the Town Council President to open the bid for evaluation. Finding the bid responsive and responsible, the Director recommended award. The Administrator and President concurred. The Town Council is requested to ratify the decision. TMwsleL Robert L. Mushen Town Council President Copy: Town Administrator Director of Public Works Town Clerk NB1 SINDINDN TRUST - 6 D 3 - 2 CD CD a D D o I - e 3 D - D CD 0 W a 8 E D 0 3 a a 0 D a - 6 3 0Q e 0 - - & 0g D I D e 09 D de 00 a a E - a a D - a o 5 a 1 B D 0 - a - a a I - 6 la a a a a D C 0a 2 3 6 - L D 3 D D a - D a 0 - a / a 2 D a da 3 0 C a + E - o D - 8 I 3 8 D a / D N a $ S - 0 8 - a a 3 : 3 D 0 I a D e 3 CD a € B e e s E o 5 a D E f S E 3 - CD ) ) E a % I I 9 3 a a 3 CD N a D D a a B CD a 2 2 CD , 9 E a - a a D D 8 3 I I N a - C a 3 - 5 - 9 - 3 e - O 5 3 CD 55 D a a a CD a o 00 6 2 3 I a f D D + le S E a a 3 3 9 9 I 2 I I 0 e E : 5 E : 3 D la - B 1 - ya 9 ) E e D a B 8 I 3 B N D 0Q - 8 a 1 9 B D a B & 8 2 - S D B I - 0 2 9 00 B le 5 / n 0 5 : 2 a - D D 2 - D a : a a S a - a a 3 D a B 3 S a 3 3 S I > B a 3 a D 3 CD 2 D a 8 3 D : a D S la a 9 B - 9 I D 9 a D a : D D a - CD DD 0 ) - S CD a L a 0 D e 0 a 2 ) - 3 I 8 e 8 E a lo 5 D a o 9 D 5 I 0Q D2 a D 0 NW - + - E D D 3 o CD 0 a 6 CD t U a 6d C o le R + 2 09 1 a 3 5 o DM a S a D B a E de 8 a E % 1 CD - 3 5 a 9 D 1 9 2 a a D a & B a - 8 S Acres 0 E 3 B a : I a D E a f 1 0 D la e - o b5 NW n 0 - - D 3 D of D E a a 2 E - 3 3 a D 8 > a : < 3 9 a O a 3 a S A 3 a D > 3 : 3 D S I a a D E 9 3 de 8 A 3 S o D N de - a D 3 - 9 € o S S B D I 8 - de 0 D a ) a S 0 D e - ) 8 E 3 5 S % a 0Q a CD a 0 5 1 CD - 3 8 3 D a D Acres 8 5 a - de le - 3 e S a B D D e C D S la 5 CD B D : B a a a a D <. H le a 0 2 - E CD e . o < 3 D D - - 3 S € 2 D D D 00 E 1 t 0 3 - a L D S 0 S. CD a o CD T la y D 3S a D 3 a 3 B S a 3 B : 0a a B a a 2 B ) S D 3 D 3 CD - - - ) 9 3 po 3 s 3 e 5 - e : D a a CD - a 09 ga 0Q D 2 0Q 8 D - S. CD 6 E 2 M. : a a D le - - 0a e 0 2 3 + > 0. a E a s a / - o - B a D a ) - S 1 D a 2 8 D la V D a o D D 3 S a 2 o 0 3 - D D - 3 a a 2 9Q 0 5 noIDV TRUST D - 3 9 S 0f y E. 3 a CD < 2 M a b - 09 00 - - 3 > 8 I D a 6o NB-2 Carol Wordell From: Sent: To: Subject: Patrick McHugh Tuesday, June 13, 202311:41AM Town Council; dias-mithell@lcsd./2nusmoanmon@lcsd.k12.r.us; mgonzleze/cdkinus kmnaneelcakZrus.mochaelcakZrus tauty@lcsd.ki2.rius; hayotte@lcsd.kl2.naus Thank youl! Good morning toy you alll First and foremost, l'm writing to say THANK YOU and to express my enthusiastic support of Little Compton as a town and community, and also of Wilbur McMahon School fori their efforts to outwardly show support for ALL the members Asal heterosexual white woman raised in a very traditional family, continuing to raise her own children in traditionally defined family, particularly nowi in a very small town, it as always been a concern of mine that my children might not be exposed to different kinds of families or diversity in general, and grow upt to believe that there iss something wrong with being different than the majority or' WORSE, to believe there is something "better" about themselves than some oft the Itry to do my very best to teach my children to be kind, understanding and tolerant, and to LOVE, but as we are all very much aware, children learnj just as much, ifr not more, from their peers and teachers while they're in school. To know that inclusivity, respect, and tolerance are key elements of the school's curriculum is invaluable to both my family and me. believe it will build a small town legacy we can ALL bet truly proud of. It is not onlya a privilege to be a part ofthis tight knit community, but iti is also an honor to be able to live here knowing our very owni town charter demands that thei towns public officials and employees "adhere to the highest standards of ethical conduct". Maybe someday, with a Iti isa also a comfort knowing that the school board itself is devoted to making "decisions with a deliberate awareness of impediments to learning faced by students of color and/or diverse cultural, linguistic, or socioeconomic backgrounds" and that they are committed to ensuring "equity is the intentional result of district decisions". To our wonderful superintendent and principle, and toi those members ofi the town council and school board who are truly committed to instilling compassion in our children (our FUTURE), and honoring TRUE equality, lapplaud you and again, thank you. Tot those of you who are not, and are acting on behalf of your own personal biases, fears, and general lack of understanding, tolerance, or compassion, rather than the district and town policies you agreed to be bound by when you were elected by people like ME1 to represent us as a part of the governing body in our small town, hope that you will reevaluate what ist truly important, and the message your really want to send your children, our children, their children the future of this town. More importantly, remember that you were ELECTED and entrusted with the duty to acti ini the best interest of our town itself and EVERY SINGLE ONE oft the people who reside ini it. As was recently evidenced by the behavior of certain school board members- Behavior some might argue to be an abuse ofa authority and power it seems necessary to remind those members that their power exists as a BODY, and that power was not Practicing love and tolerance, and ensuring a safe, nurturing environment for ALL of our students, teachers, and community members of ALL ages and ALLI backgrounds, should ALWAYS be on the forefront when making decisions and ofour community byi flying the pride flag at our school. others around them SIMPLY because they happen to be a part of the majority. little work, we could even be an example for other towns striving fort the same! simply bestowed upon any ONE ort two individuals. taking action. Thank you again! Sincerely, Kristen Fox lmm7 RECEIVED JUN 2 0 2023 today 76 Westain Road LHe Gmptan R.T. June 50, 3003 Tam Carcil .o. Bot 126 LHe Gamplm RI: Dear members. Qtour Schodl, Cant the Council restrict use ofHhat whrch foflects Qnyhing oher than representetio of Our Qmerican Plag at our Schoo7 Confinued ConCern aoout out Schoo! - 5 Our Chiléren eet to Knoio oub a flag other than Hhe Americah- Cmeri Can. Flag Only.hephesente all aw eri Cayo.s. Was Hhere R hequest ) granted7 Barbara lassmohe Wih Concern- Consif/ Carol Wordell From: Sent: To: inhaggertyQa0.com Friday, June 30, 2023 10:08AM dcook@tiverton.rigov)magewPeastbaymedlagroup.com; eharteygeastpaymediagroup.com; aguareportsmoutmi.com: yiusaeportsmoumacom, dabbott@portsmouthri.com; amloneporsmomcon atmamnepotsmoutmi.com: alyPpotmoutricomyemepotsmoutmacon ngepovdercgpumalcon farzan@providencejourna.com; ranereporsmoumacom: hitcreneportsmoutimngon, geaneseportsmoumi.com, sinsa@potsmoutmicom: Town Council; Carol Wordell; wrchmondenepotricon: damon@newportricom,Zwolangegannet.com; DeeMeteroevetonnyon mhuikelveron.tgodpedrdeherongerer Rhode Island Communities Ask" To Stay SouthCoast Wind Offshore Wind Permits Cc: Subject: Subject: Rhode Island Communities Ask" To Stay SouthCoast Wind Offshore Wind Permits Rhode Island Coastal Communities Ask To Stay SouthCoast Offshore Wind Permits June 28, 2023 htpslhbpucrigovalesllesoplessuAIes2023-0815B2022 02 Town9620of9620Middletowne20LC9a2Opost-hearing"620memo.pdh STATE OF RHODE ISLAND ENERGY FACILITY SITING BOARD IN RE: SOUTHCOAST WIND) ) ENERGY, LLC'S APPLICATION TO Docket No. SB-2022-02 CONSTRUCT MAJOR ENERGY FACILTY) THE TOWN OF MIDDLETOWN AND LITTLE COMPTON'S POST HEARING MEMORANDUM INTRODUCTION The Towns of Middletown and Little Compton (the "Coastal Communities") hereby submit this post-hearing brief to the Show Cause Hearing held on June 12, 2023, for Energy Facility Siting Board ("EFSB") Docket No. SB-2022-02. The EFSB's Show Cause Order required SouthCoast Wind Energy, LLC (formally known as Mayflower Wind Energy, LLC)to (i)t the Massachusetts Department of Public Utilities issues final orders on the applicable (ii) the Applicant has provided sworn testimony providing reasonable support for a conclusion that the offshore wind project to which the transmission facilities will be interconnected is economically and financially viable under the pricing and conditions of its Power Purchase Agreements, as approved by the Massachusetts Department of Public Utilities." show cause "why the proceedings in this docketshould not be stayed until: pending Power Purchase Agreements and Amendments, and 1 Emsnkl Carol Wordell From: Sent: To: inhaggerty@a0.com Friday,June 16, 20239:18AM dcook@ltiverton.rigow)magageastbaymedlagroup.com, charteyeastbaymediagroup.com, laguareportsmoutimicom: huepommowtMiomdalbotepatmosanion, amltoneporsmoumcon atmaneporsmoummcom, alalyepontsmounhmiomiyenépatsmouthnicom ngepoAcenepumaicom, afarzan@providencejourna.com; raineropotsmoumicom, Mid-moparemashgesyemsepetmomont tans-epotsmoumacon, Town Council; Carol Wordell; wrichmond@newportri.com; dmonenemponi.omcaolangegmet.com: DaeMederoielveronngon mburk@tiverton.n.gow, pedwardselwertonngowa janicketivertonngow Federal watchdog investigation offshore wind whale deaths Cc: Subject: Federal watchdog opens investigation into offshore wind impacts amid whale deaths June 15, 2023 whale-deaths AesBaA.misisahewusmnasaaNse A top federal watchdog agency is opening an investigation into the impacts of offshore wind along the New Jersey coastline amid calls for a moratorium on development and an In a phone call Thursday afternoon, the Government Accountability Office (GAO), a nonpartisan agency tasked with conducting oversight of government operations, informed Rep. Chris Smith, R-N.J., that it would conduct the probe. Smith, who represents a district along the Atlantic coast, has repeatedly called for a GAO investigation into offshore wind development, expressing concern about its potentially wide-ranging impacts on wildlife uptick in marine wildlife deaths. and the marine economy. Cnmb-/ Carol Wordell From: Sent: To: nhaggery0a0.com Saturday, June2 24, 20238:37AM dcook@ltiverton.rigovigor)magawpeastbaymedlagroup.com, hartey@eastbaymediagroup.com, laguar@potsmoutricom: awepontmashacomzaithassaMtanehamisnepatmoutmion atmaneportmourmicom, aelyepotsmouhicomipanepontsmouahnicom agepuidndomion.arnpoanduiat ranereporsmoummcon. hitcreneporsmoutngor, eumesepertsmoutm.con lesimak@portsmoutini.om: Town Council; Carol Wordell; wrchmondenepotricom: damonenemporisomcaomzaolangegamet.con: DdeMedeiros@tiverton.figov, mbukelvertonigor.pahadwandelheronigo, janick@ltivertonrigov Investigation Demanded On Martha's Vineyard Whale Deaths 6/22/23 Cc: Subject: Investigation Demanded On Martha's Vineyard Whale Deaths 6/22/23 The New Bedford Light News Story: Whale carcasses on Martha's Vineyard fuel speculation about wind turbines NOAA has said the whale deaths are part of what they call an 'unusual mortality event,' in which at least 200 dead humpback whales have washed up along the East Coast since 2016 6/22/23 wind-turbines AasbasHaMseaMNSaNt Conservation groups and offshore wind critics are calling for an investigation into the deaths of two humpback whales that washed up on the shores of Martha's Vineyard last week. On Monday, June 12, a decomposing humpback whale was found in the surf on the south-east tip ofMartha's Vineyard. Early the next morning, a secondhumpbackz whale carcass was discovered about 5 miles away on the island's eastern shoreline. Federal scientists say that the cause ofthe deaths remains unclear. In an email, a spokesperson for the Greater Atlantic Regional Fisheries Office (NOAA), which is leading logistics, said that it will not be performing an autopsy on either whale and that "any type of partner supported exam is being stood down." The first whale was stuck in the surf, making an autopsy difficult, a NOAA spokesperson said. The agency had plans to do a limited internal exam, >7 but abandoned efforts last week as the carcass drifted north along the shoreline. The decision has frustrated conservation groups curious about the unusual occurrence oftwo whale deaths discovered in two days. The carcasses were found about one week after construction began on the nation's first utility-scale wind farm - which is being built in waters 15miles south ofMartha's Vineyard - and has fueled speculation that the deaths may be connected to offshore wind development. deadhumpback whale on East Beach on Chappy. Credit: Courtesy of Abigail Rosen /N Martha's Vineyard Times EA dead humpback whale on East Beach on Chappy. Credit: Courtesy of Abigail Rosen/ E Martha's Vineyard Times 2 Cmsnh2 THANK YOU PHSO M Dear Post Prom Party Supporter, Thank youi for your generous donation towards the Portsmenth Higl Sshgot PM4 L graduating class. Because ofy your contribution and your commitment to keeping our! kids safe on what could've been a high- risk night, the senior class enjoyeda a wonderful event! Thanks success! community! PHSO PROVIDENCERL 028 loungil LiHclampbr_Taun 40Commons Po BOX 226 LiHe Complaryel to the PHSO, a! 501(c) 3 not for profit organization*, and your generous tax- deductible support, the party,was al huge Thank you for your commitment to our 02837 PHS Post Prom Committee- 93752622957458 Comsnh3 RECEIVED JUN 1 5 2023 TOWN OF BURRILLVILLE Office ofTown Clerk Email: owncle@humlvlcon Phone:401-568.4300. ext. 133 Fax: 401-568-0490 RIF Relay -800-745-555(TY, TOWN AURT DING "AFRISVILE,. Resolution of the Town of Burrillville Opposing Senate Bill 2023-137 and House Bill 2023-H5201 Presumption for Heart Diséase and Hypertension Relating to Towns and Cities: - Relief of Injured and Decéased Fire Fighters and Police Officers WHEREAS, Legislation has passed the General. Assembly that would expand the number of ways a municipal employee can) retire with "injured on duty" status withoutt thei millions of dollars int financial support itwillt take toi fund them; and WHEREAS, Hypertension is one of the most prevalent pathologies in Ameriça affecting approximâtely one in three US adults. Analyses have. also identified a linear relationship between elevated blood prèssure and ani increasedi skofcardoacuardiese whichi incréàses substantially with agé;and irréspective ofap person's job or position which increases the likelihood thatt théywill develop. either employment, any secondary employment or the timing of a "heat injury or stroke incident"; and manipulated: to thel benefit of someone potentially looking to abuse the system. Byr requiring "cleàr and convincing evidence," it limits. the ability of the State's retirement board pf the disability WHEREAS, Certain individuals have a higher genetic predisposition to hypertension and heart disease WHEREAS, This legislation. does not consider the full financial impact, nor does it consider the duration of WHEREAS, Creating safèguards ensures that the system, and those responsible for administering it, are not condition over time; and subcommittee. to. refute the evidence that is presented; and and disability pensions with no meaningful progress. WHEREAS, Rhode Island cities and towns have advocated for meaningfull reform of the injured on duty system NOW THEREFORE BE ITRESOLVED: that we, the Town CounciloftheTown: of Burrillville, do hereby oppose! Senate Bill 2023 - 137 and. House Bill 2023 - H 5201 and direct that a copy of this Resolution be forwarded to the BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to every Rhode Island municipality Governor of Rhode Island and urge him to véto this legislation. requésting their support in opposition to this legislation, PASSED AS Al RESOLUTION of the Burrillville' Town Council this 14th day ofJ June, 2023. : 4489 Stephen Rawson, Vice President Burrillville Town Council E8 ATTESI Mctagmart Vicki artipaTown Clerk SE Ab 1 a 105 Harrisville Main Street, Harrisville, RI 02830 2023--S0137 LC000568 STATE OF RHODE ISLAND IN GENERALASSEMBLY JANUARY: SESSION, A.D. 2023 AN ACT HYPERTENSION RELATINGTO TOWNS AND CITIES- - RELIEF OF INJURED ANDI DECEASED FIRE FIGHTERS. AND POLICE OFFICERS- - PRESUMPTION FOR HEARTI DISEASE AND Introduced By: Senators F. Lombardi, Ciccone, DiMario, Lawson, Pearson, and Acosta Date Introduced: February 01,2023 Referred To: Scnate Labor Ilis cnacted by the General Assembly as follows: SECTION 1.C Chapter 45-19 ofthc GeneralLaws entitled "Relief of Injured and Deceascd 2 Fire Fighters and Police Oflicers" isl hercby amended by adding thereto the following scction: 3 4 45-19-16.1. Presumption for heart disease and hypertension. (a) Notwilhslanding the provisions of any general or spccial law lo the contrary, any 5 firefighter, as defined in $45-19-1, whoi is unable to perform the duties required thercof because ofani impairment of healh caused by heart discase, stroke or hypertension is presumed t0 have suffered: an in-the-line-of duty injury/disabiliy, unless the contrary can be proven by clear and convincing evidencc:andt the firefighter shall be cntitled to: all benefits provided for in chapters 19, (b)This presumption shall nol apply to fircfighters hired: afler July 1,2023 in the following ()lfa physical examination was conducted at the time thc firclighter was! hired and the (2)! Ifthe firelighter had regukrly or habitually usedt tobacco procucts during the five (5) 21,21.2 and 21.3 of this litle. 10 1 situations: 12 14 13 examination revealed that] person was suffering from heart discase orl hypertension. 15 years prior to: any diagnosis of heart discase or hyperlension or sufferingas stroke. EXPLANATION BY THE LEISLATIVECOUNCL OF ANACT HYPERTENSION *** RELATINGTO1 TOWNS AND CITIES-- RELIEF OF INJURED. ANDI DECEASED FIRE FIGHTERS. ANDI POLICE OFFICERS--1 PRESUMPTION FOR HEART DISEASE. AND This act would allow a fircfightcr who is unable to perforni dutics as a result of heart 2 discasc, stroke or hypertension to bc presumed to have suffered ani in-the-line-ol-duly disability, 3 unless the firelighter was hired after July 1.2023, and therci is clcar and convincing cvidencc that 4 the fircfighter suffcred thc condition ai the time ofl hirc or regularly used tobacco products for the fivc (5): ycars prior to diagnosis. This act wouldt lake effect upon passage. LC000568 LC000568 Page 3of3 2023 - H5201 LC000541 STATE OF RHODE ISLAND IN GENERAL. ASSEMBLY JANUARY SESSION, A.D.2 2023 ANACT HYPERTENSION RELATING' TO" TOWNS AND CITIES - RELIEF OF INJURED. ANDI DECEASED FIRE FIGHTERS ANDI POLICEOFFICERS. - PRESUMPTIONI FORI HEART DISEASE. AND Introduced! By: RepresentativesChven, O'Brien, Vella-Wilkinson, Noret, and Costantino Date Introduced: January 19,2023 Refcrred To:1 House Municipal Govemnment & llousing Itisc cnacted by the Gencral Assembly as follows: SECTION 1.C Chapter 45-19 of the General Laws entitled' "Reliefofi Injured and Deccased 2 Firc Fighters and Police Officers" is hereby: annended by: adding thereto the following section: 3 4 45-19-16.1.1 Presumption for heart discase and hypertension. (a) Notwithstanding the provisions of any gencral or spccial law to the contrary,any 5 firefighter, as defined in $ 45-19-1, whoi is unable to perform the dutics required thercof because of an impuirment of health caused by heart discase, stroke or hypertension is presumed to have 7 suffered an in-the-linc-of duty injuryldisability, unless the contrary can be proven by clear and convincing evidence: and the firefighler shall be entitled to: all benelits provided fori inc chaplers 19, (b)This presumption shall not apply to fircfighters hired after. Julyl 1,2023 int the following (lfaphysical cxamination Was conducted at the time the firclighter was hired and the (2)If the firefighter had regularly orl habitually used lobacco products during the five (5) 21,21.2 and 21.3 oft thist title. 10 II situations; 12 14 13 examination revealed that person was suffering from hcart discase or hypcriension. 15 ycars prior tos any diagnosis of heart discase or hypertension or sufferingas stroke. EXPLANATION BY THEL LEGBLATIVECOUNCIL OF AN ACT HYPERTENSION RELATINGTO1 TOWNS AND CITIES - RELIEF OF INJURED. AND DECEASEDFIRE FIGHTERS. ANDI POLICE OFFICERS - PRESUMPTION FOR HBARTI DISEASE. AND This act woild allow a fircfighter who is unable to perform dutics as a result of heart 2 discasc, strokc or hypertension to be presumed tol have suffered ani in-the-linc-of-duty disability, 3 unless ihe firefighter was hired after, July 1,2023, and therc is clear and convincing cvidence that the fircfighter suffcred the condition at the time ofhire or regularly uscd tobacco products for the five (5): years prior to diagnosis. 6 This act would take effect upon passage. LC000541 LC000541 Page 3of3