east greenwich town council · 6.b presentation by jeffrey diehl, executive director and ceo, with...
TRANSCRIPT
East Greenwich Town CouncilRegular MeetingMonday, January 27, 2020 at 6:30 PMTown Hall, 125 Main Street, East Greenwich, RI 02818
AgendaThe East Greenwich Town Council will meet on Monday, January 27, 2020 at 6:30 PM, in the TownHall, 125 Main Street, East Greenwich, RI 02818.
(Any matter listed on this agenda is subject to discussion and a vote by the Town Council.) 1. 6:30 pm ~ Call to Order 2. Interviews for Boards and Commissions 2.a Carla Swanson for Municipal Land Trust 2020.01.27 Swanson Carla MLT 2019.pdf 2.b Ruth Feder for re-appointment to the Housing Authority 2020.01.27 Ruth Feder.pdf 3. 7:00 pm ~ Pledge of Allegiance to the American Flag 4. Public Comments :
(This is an opportunity for members of the audience to bring to the Council's attention any itemnot listed on the agenda. Comments shall be limited to three (3) minutes per person with amaximum of fifteen (15) minutes for all items. Speakers may not yield their time to others.)
5. Consent Calendar and Communications:
(Any agenda item of a routine nature or items provided for informational purposes only;considered under a single action. Any Councilor may have an item removed and consideredseparately on request.)
5.a Minutes from January 13, 2020 (Regular Meeting - Open Session) 2020.01.13 Town Council Minutes DRAFT.docx 5.b Award of bid to Colonial Municipal Group, 61 Camelot Drive, Plymouth MA 02360 for
a 2020 Ford Explorer Police Interceptor for the Fire Chief in the amount of $39,996.60,with authorization for the Finance Director to advance funds from the General Fund'sunassigned fund balance, for purposes specified in the recommendation to award thiscontract, to be reimbursed upon the issuance of $2,700,000 Capital Improvement Bondproceeds.
Bid award letter 2020 Ford Explorer.pdf
Colonial Municipal Group Quote.pdf 1
GBPC-2019-Vehicles-Contract-CMG-.pdf Colonial-Ford-CMG-2020-Vehicles-Extension-.pdf 5.c Award of bid to Hudson Machinery LLC, 228 East Route 59 Suite 252, Nanuet, NY,
10954 for the purchase of a Mainline Sewer Pipe Inspection Camera in the amount of$33,187.00.
Bid Award Letter camera.pdf CAMERA TABULATION 2020.pdf 5.d Tax Assessor Abatements to the 2019 Tax Roll abatements 1-27-20.pdf 5.e Application for a Class F-1 Alcoholic Beverage License for the Varnum Continentals to
hold a Member Dinner and Presentation on December 9, 2019 at the Varnum Armory, 6Main Street.
2020.01.27 Class F1 Varnums February Meeting.pdf 5.f Re-appointment of Mark Schwager to the Coastal Resources Management Council for a
one-year term to expire April 25, 2021. 5.g Revision to Rules of Appointment Policy for Boards, Commissions and Committees. Rules of Appointment Policy Rev 01.27.2020 DRAFT.pdf 5.h Revisions to the Access to Public Records Act procedures. 2020.01.27 APRA policy amended.pdf 6. Reports and Presentations:
(Any agenda items requested by the Town Manager, Town Council or Town Solicitor, or anyitem requiring a formal presentation by boards and commissions, or other agencies.)
6.a Discussion regarding 2020 Legislative Session 6.b Presentation by Jeffrey Diehl, Executive Director and CEO, with Rhode Island
Infrastructure Bank on ongoing and upcoming programs. 6.c Town Manager's Report 7. Public Hearing:
(This is an opportunity for members of the audience to provide testimony/comments on thespecific issue being considered.)
8. New Business:
(Any items that have not been previously discussed or acted upon.) 8.a Application for grant funds through the R.I. Department of Environmental Management,
Wastewater Facility Resiliency Fund in an amount of $191,305 for the implementationof climate resiliency enhancement upgrades at the E.G. Wastewater Treatment Facility.
Resiliency Grant 2020.pdf 8.b Authorization to use Wastewater Fund's unrestricted net assets as 50% matching funds
for the R.I. D.E.M., Wastewater Facility Resiliency Fund grant for the implementationof climate resiliency upgrades at the E.G. Wastewater Treatment Facility.
8.c Discussion on Food Trucks/Mobile Food Establishments (MFE's). 2020.01.27 UTR Memo Food Trucks Legislation.pdf 2
2020.01.27 DBR regulations Food Trucks.pdf 2020.01.27 DBR update Food Trucks.pdf 2020.01.27 DBR ordinance draft discussion only.docx 9. Council Announcements and Comments:
(Items may be added to the agenda for informational purposes only and may not be voted onexcept where necessary to address an unexpected occurrence that requires immediate action toprotect the public or to refer the matter to an appropriate committee or to another body orofficial.)
10. Public Comments:
(This is an additional opportunity for members of the audience to provide public comment.Comments shall be limited to five (5) minutes per person with a maximum of thirty (30) minutesfor all items. Speakers may not yield their time to others.)
11. Executive Session:
(Limited to matters allowed to be exempted from discussions at open meetings per RIGL 42-46-5.)
11.a Closed pursuant to RIGL 42-46-5 (a) (2) for the approval of Executive Session minutesfrom January 13, 2020.
11.b Closed pursuant to RIGL 42-46-5 (a) (2) pertaining to litigation; specifically to discussTMG - Main Street Holdings, LLC v. MDG Realty Corporation/Town of EastGreenwich, KC-2019-1404.
11.c Closed pursuant to RIGL 42-46-5 (a) (2) pertaining to litigation; specifically to discussDiStefano v. Town of East Greenwich, KC-2015-0489.
11.d Closed pursuant to RIGL 42-46-5 (a) (2) pertaining to litigation; specifically to discussEast Greenwich v. Crompton Meadows, LLC et al., KC-2019-1294 and CromptonMeadows, LLC v. Town of East Greenwich, KC-2019-1144.
12. Adjournment This agenda was posted on January 23, 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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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda) Carla Swanson for Municipal Land Trust 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 Application received November 18, 2019
4. Provide a suggested Action Interview only 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604
ATTACHMENTS: 2020.01.27 Swanson Carla MLT 2019.pdf
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Carney, Leigh
From: CarlaSwanson <carlaswanson325@gmail. com> Sent: Monday, November 18, 201911:57PMTo: Carney, LeighSubject: Municipal LandTrustApplicationAttachments: DocNov18, 2019at11-07PM.pdf; Board Application Land TrustNovember 2019.pdf
Hello - Attached please findandapplication and letterofinterest inserving ontheEGLand Trust. Please letmeknowifadditional information oraresume isrequired andwhatarethenext steps intheprocess.
Thank you,
Carla Swanson38Greene St #3, EastGreenwich, RI02818401-439-5992
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Town ofEastGreenwich125MainStreetP.O. Box111
EastGreenwich, RI02818-0111www.eastgreenwichri.com
125MainStreetTownCouncilTownManager November 19, 2019401)886-8665
Ms. Carla SwansonTownClerk401)886-8604 38Greene Street #3
EastGreenwich, RI02818Canvassers401)886-8603
VIAEMAIL: carlaswanson325@gmail. comProbate
401)886-8607DearCarla,
Finance401)886-8612 Yourapplication expressing interest inserving on theTown’sMunicipal Land
Trust hasbeenreceived. Itwillbeforwarded totheTown Council fortheirTaxAssessor401)886-8614 consideration andyouwillbenotified when theywish toschedule aninterview.
MunicipalCourtThank youforshowing aninterest inyourTown’sgovernment andawillingness to401)886-3212commit your timetoserve thecommunity.
Planning401)886-8645
Sincerely, HumanResources
401)234-9462 LeighLeighA. Carney, CMC111PeirceStreet
PublicWorks Town Clerk401)886-8618 Executive Assistant totheTown Manager
BuildingOfficial401)886-8617
121PeirceStreetSwiftCommunity
CenterSenior & HumanSvcs
401)886-8669
176FirstAvenuePoliceDepartment
Dispatch401)884-2244
Administration401)886-8640
Information Technology401)886-8670
284MainStreetFireDepartment
Dispatch401)884-4211
1127Frenchtown RoadParks & Recreation
401)886-8626
RIRelay #711800-745-5555
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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda) Ruth Feder for re-appointment to the Housing Authority 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
Ms. Feder was originally appointed on April 28, 2003. RIGL 45-26
4. Provide a suggested Action Interview only 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604
ATTACHMENTS: 2020.01.27 Ruth Feder.pdf
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HOUSING AUTHORITY
Of the
TOWN OF EAST GREENWICH
146 First Avenue
East Greenwich, RI 02818
(401) 885-2610 Fax 885-4166
E-mail [email protected] Web www.eghousing.com
“Equal Housing Opportunity” Chair: Cynthia Overton; Vice Chair : Ruth Feder
Commissioners: Donald Mong & Hector Vargas
Executive Director: Marcia Sullivan
January 22, 2020
Leigh A. Carney, CMC
Town Clerk
Executive Assistant to the Town Manager
PO Box 111
East Greenwich, RI 02818
Subject: Reappointment of Commissioner Feder
Dear Ms. Carney:
The term of one of our Housing Commissioners, Ms. Ruth Feder, is due to expire on March 31, 2020. I want to
be certain members of the Town Council are aware of the knowledge, skills, and dedication Ruth brings to the
Authority.
Ruth takes the time to review all the materials provided prior to the meetings and consequently is ready to
address board level issues and concerns. She knows how to build consensus, as well as how to graciously and
respectfully disagree. In December, her fellow Commissioners re-elected Ruth vice chair of the Housing
Authority.
As an attorney with expertise in disability law, Ruth is a valuable resource and is always tenant focused in her
concerns. We house a significant number of people with behavioral and mental health conditions. Ruth is
employed by the Rhode Island Department of Behavioral Health, Development Disabilities and Hospitals and
was previously the executive director of the Mental Health Association of Rhode Island. In 2019, she was
presented the Mental Health Hero Award at the State House during Disability Awareness Month.
Of the 57 regular and special meetings conducted between March 2015 and January 2020, Ruth has missed only
one regular meeting and one special meeting, a 96.5% attendance date. With an original appointment date in
2003 and such a strong attendance record, Ruth has acquired a body of knowledge around affordable housing
issues that should be retained by the Authority.
Please do contact me if you require any additional information in order to support Ruth Feder’s reappointment
to the East Greenwich Housing Authority.
Sincerely,
Cynthia Overton
Cynthia Overton, Chair
East Greenwich Housing Authority
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MINUTESTown Council
Town of East GreenwichRegular Meeting
Town Hall, 125 Main Street, East Greenwich, RI 02818January 13, 2020
1) Call to Order and Pledge of Allegiance to the American Flag
Members Present: Mark Schwager, President; Michael Donegan, Vice President; Caryn Corenthal, Renu Englehart and Michael Zarrella
Staff Present: Andrew Nota, Town Manager; Andrew Teitz, Solicitor; Leigh Carney, Town Clerk/Executive Assistant to the Town Manager; Patricia Sunderland, Finance Director; Col. Stephen Brown, Chief of Police; Cpt. Stanley Cirella, Deputy Chief of Police
Others: Carole Malaga, Stenographer
President Schwager called the meeting to order and led the assembly in the Pledge of Allegiance to the American Flag. He introduced fellow Council members and Town staff.
2) Public Comments
Joe Gelineau of King Street spoke on behalf of the families from the waterfront and presented the Council with a gift thanking them for restoring balance to the waterfront.
3) Acknowledgements
3.a Commendation for Lauren Drury for serving over four years on the Historic District Commission
Cover Page
2020.01.13 Drury Commendation.pdf
Motion to approve the commendation for Lauren Drury for serving over four years on the Historic District Commission moved by Michael Donegan, seconded by Renu Englehart
AYES: ALLMotion carried 5 – 0
3.b Proclamation declaring the Town of East Greenwich as a PURPLE HEART TOWN
Cover Page
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2020.01.13 purple heart town proclamation.doc
Motion to approve the proclamation declaring the Town of East Greenwich as a PURPLE HEART TOWN moved by Michael Donegan, seconded by Renu Englehart
AYES: ALL Motion carried 5 – 0
President Schwager read the proclamation which was then presented to Mr. Patrick who spoke briefly about the meaning of the Purple Heart and future plans to erect signage around Town.
4) Consent Calendar and Communications
4.a Minutes from November 12, 2019 (Regular Meeting ~ Open Session)
20191112 Town Council Minutes DRAFT.docx
4.b Minutes from November 19, 2019 (Special Meeting ~ Open Session)
20191119 Town Council Minutes DRAFT.docx
4.c Minutes from November 21, 2019 (Special Meeting - Open Session)
20191121 Town Council Minutes DRAFT.docx
4.d Minutes from November 25, 2019 (Regular Meeting - Open Session)
20191125 Town Council Minutes DRAFT.docx
4.e Minutes from December 9, 2019 (Regular Meeting - Open Session)
20191209 Town Council Minutes DRAFT .docx
4.f Minutes from December 16, 2019 (Joint Meeting w/School Committee - Open Session)
20191216 Town Council Minutes DRAFT.docx
4.g Application for a Class F Alcoholic Beverage License for IBPO Local #306 to hold a Beer and Wine Fundraiser at the Varnum Armory, 6 Main Street on February 29, 2020.
Cover Page
2020.01.13 Class F IBPO Local #306.pdf
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4.h Re-appointment of Heather Larkin as a regular member to the Juvenile Hearing Board for a three-year term to expire December 1, 2022.
Cover Page
4.i Re-appointment of Myrna Levine as a regular member to the Juvenile Hearing Board for a three-year term to expire December 1, 2022.
Cover Page
4.j Re-appointment of Lisa Holley as an alternate member to the Juvenile Hearing Board for a one-year term to expire December 1, 2020.
Cover Page
4.k Award of bid to Dejana Truck & Utility Equipment Co., 9 Business Park Dr., Smithfield, RI, 02917 for the purchase of a 9 foot snow plow and an 8 foot snow plow in the amount of $10,905.00.
Cover Page
Bid Award Letter Snow Plows.pdf
9ft snow plow quote.pdf
8ft snow plow quote.pdf
MPA-91.pdf
4.l Re-appointment of Michael Schreffler as Tree Warden and Maureen Schreffler as Deputy Tree Warden for the Town of East Greenwich.
Cover Page
treewarden_2020.pdf
treewarden2020.pdf
Motion to approve the Consent Calendar moved by Michael Donegan, seconded by Michael Zarrella
AYES: ALL Motion carried 5 – 0
5) Reports and Presentations
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5.a Town Manager's Report
2020.01.13 Town Manager Report.pdf
Mr. Nota provided details on a number of important issues including the DMV placing blocks on motor vehicle registrations due to owing back taxes, the installation of permanent lockboxes at Town Hall for tax payments, initiatives at the RI League of Cities and Towns regarding state mandate relief, housing legislation, long-term education plan by the RI Foundation, RI League of Cities and Towns annual conference, RI Interlocal Trust annual dinner meeting and an update on the capital improvement program development.
6) Public Hearing
6.a Application for a NEW Class BV Alcoholic Beverage License with Victualing and Entertainment for LowKey LLC d/b a LowKey Cafe & Lounge, 205 Main Street effective through November 30, 2020.
Cover Page
2020.01.13 Low Key Cafe.pdf
Councilor Zarrella disclosed that he has known the applicant, Mr. Flanders, personally for quite some time. Ms. Carney commented on the status of the application. Some requirements have yet to be satisfied which is common with a new application. Parking relief was approved be the ZBR. Solicitor Teitz confirmed that parking relief was in fact granted based on an agreement with Greenwich Mills and a professional valet company for 29 exclusive spaces. Attorney Christopher Zangari, 935 Jefferson Boulevard, appeared on behalf of LowKey LLC and its sole owner and proprietor, Zack Flanders. Mr. Flanders introduced himself. Solicitor Teitz addressed all variances that were granted by the ZBR. He confirmed that the restaurant use is permitted in the particular zone. The variance for parking was granted even though the spaces are outside of the 500’ option. Councilor Englehart noted that parking spaces/agreements need to be tracked to avoid overlap amongst other restaurants. Mr. Flanders confirmed 29 spaces are exclusive for his use via valet. He shared that the valet company suggested using other lots which are closerduring later hours as other businesses close up. Solicitor Teitz explained that would be a violation. Any changes to the existing parking arrangement must go before the ZBR. Ms. Carney noted that both the lease agreement with Greenwich Mills and the valet agreement require special language regarding notification to the Town in the event of any amendment, modification or termination. Mr. Flanders presented a revised lease agreement with Greenwich Mills which was entered into the record as Exhibit 1 which included such language. She also noted that Exhibit A of the valet agreement listed multiple parking locations and needed to be revised to only show the Ladd Street location. Mr. Flanders agreed to the revision. Solicitor Teitz confirmed that the valet agreement did contain the language as presented. Both agreements run consistent with the licensing period. Ms. Carney reviewed the liquor license caps for all classes of licenses. Mr. Nota explained that Council has the authority to set policies based on the caps.
There were no public comments.
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Motion to approve the application for a NEW Class BV Alcoholic Beverage License with Victualing and Entertainment for LowKey LLC d/b a LowKey Cafe & Lounge, 205 Main Street effective through November 30, 2020 pending all administrative approvals and legal requirements with a capacity of 49 people with 29 parking spaces via lease at Greenwich Mills on the corner of Duane and Ladd Streets serviced by valet moved by Michael Zarrella, seconded by Renu Englehart
AYES: ALL Motion carried 5 – 0
7) Unfinished Business
7.a An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 55 Capital Improvements (THIRD READING).
Cover Page
Chapter 55 Capital Improvements DRAFT REDLINED v2.pdf
Chapter 55 Capital Improvements DRAFT CLEAN v2.pdf
There was a lengthy discussion regarding the use of certain terminology within Section 55-6, public interpretation of the language and the proper sequence of events. It was suggested to define “CIP” by spelling out Capital Improvement Plan throughout.
Motion to approve an amendment to the ORDINANCE of the Code of the Town of East Greenwich, Chapter 55 Capital Improvements to add the words “Capital Improvement Plan” after “CIP” moved by Michael Donegan, seconded by Michael Zarrella
AYES: ALLMotion carried 5 – 0
Motion to approve an ORDINANCE of the Code of the Town of East Greenwich, Chapter 55 Capital Improvements as amended moved by Michael Donegan, seconded by Michael Zarrella
Michael Donegan – Michael Zarrella Motion to approveAYES: ALL
8) New Business
8.a 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 (FIRST READING/NOTICE OF HEARING)
Cover Page
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Chapter 15 Alcoholic Beverages.docx
2020.01.13 Ordinance Amendments 15-3 and 174-15.pdf
Solicitor Teitz introduced the item and explained that the amendments align the Town with existing Rhode Island laws and appropriate court decisions. He confirmed that the language "knowingly permits" is where the violation occurs.
Motion to approve 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 and schedule for Public Hearing moved by Renu Englehart, seconded by Michael Zarrella
AYES: ALL Motion carried 5 – 0
8.b 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 (FIRST READING/NOTICE OF HEARING).
Cover Page
Chapter 174 Peddling and Soliciting.docx
Motion to approve an ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 174 thereof, entitled Peddling and Soliciting, Section 174-15 Violations and penaltiesand schedule for Public Hearing moved by Michael Donegan, seconded by Caryn Corenthal
AYES: ALL Motion carried 5 – 0
8.c Discussion on short term parking spaces on Main Street.
Councilor Corenthal stated she became aware of the parking challenges for take-out establishments such as Frank and John's and supported the idea of allowing a 15-minute restriction/allowance in certain parking spaces. Mr. Nota acknowledged the need for a more diverse parking arrangement. Planning Department staff has been working on an internal parking study and plans are in place for a more comprehensive study by a consultant, which if approved,may take one year to review the results and determine needs. Council would need to decide if they want to wait for the full study or hear staff suggestions in the interim and subsequently amend the parking ordinance. Solicitor Teitz suggested that Planning staff present the same presentation previously given at a joint meeting of the Planning and Zoning Boards in the fall which focused on parking required for licensed establishments. Lengthy discussion ensued on creating a structural solution with an integrated approach.
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Luz Chacon, owner of Frank and John's, commented that her customers constantly complainabout the lack of parking and she is losing business.
9) Council Announcements and Comments
VP Donegan noted that Representative Caldwell, Senator Valverde and RI GOP Chairwoman Sue Cienki are speaking at an event at Temple Israel on January 19th at 9am.
Councilor Corenthal commented on the Council's accomplishments in 2019.
Councilor Zarrella commented on the protective padding at the EGHS gym which is in disrepair and questioned the status of the dugouts at the ballfield.
President Schwager commended Ms. Sunderland on the progress made in the Finance Department with bringing Accounts Payable current.
10) Public Comments
Elizabeth McNamara of 18 Prospect Street commented on the Town becoming a Tree City and asked for further consideration on a future agenda.
11) Executive Session
11.a Closed pursuant to RIGL 42-46-5 (a) (2) for the approval of Executive Session minutes from October 28, 2019, November 21, 2019 and November 25, 2019.
11.b Closed pursuant to RIGL 42-46-5 (a) (2) pertaining to litigation, specifically to discuss opioid class action litigation.
11.c Closed pursuant to RIGL 42-46-5 (a) (2) pertaining to potential litigation regarding BLT, LLC d/b/a Blu On The Water.
Motion to convene into Executive Session per 42-46-5 (a) (2) for the approval of Executive Session minutes from October 28, 2019, November 21, 2019 and November 25, 2019 and remain in Executive Session per RIGL 42-46-5 (a) (2) pertaining to litigation, specifically to discuss opioid class action litigation and potential litigation regarding BLT, LLC d/b/a Blu On The Water moved by Renu Englehart, seconded by Michael Zarrella
AYES: ALL Motion carried 5 – 0
Following the Executive Session, Council reconvened into Open Session.
Solicitor Teitz reported that action was taken on item 11.a and the minutes were approvedunanimously. No action was taken on item 11.b. Action was taken on item 11.c which will remain under seal per RIGL 42-46-4.
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Motion to seal the Executive Session minutes moved by Michael Donegan, seconded by Michael Zarrella
AYES: ALL Motion carried 5 – 0
12) Adjournment
Motion to adjourn moved by Michael Zarrella, seconded by Michael Donegan
AYES: ALL Motion carried 5 – 0
Submitted by:
Leigh A. Carney, CMCTown Clerk/Executive Assistant to the Town Manager
APPROVED:(Pending)
VIDEO AVAILABLE ON TOWN CLERK’S WEBSITEhttps://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: January 27, 2020
1. Agenda Item (List as it should appear on the agenda)
Award of bid to Colonial Municipal Group, 61 Camelot Drive, Plymouth MA 02360 for a2020 Ford Explorer Police Interceptor for the Fire Chief in the amount of $39,996.60, withauthorization for the Finance Director to advance funds from the General Fund'sunassigned fund balance, for purposes specified in the recommendation to award thiscontract, to be reimbursed upon the issuance of $2,700,000 Capital Improvement Bondproceeds.
2. Submitted by (List department and individual, if necessary) Bernie Patenaude, Fire 3. Provide a brief description of the item and why it is on the agenda
The Fire Department is requesting approval to purchase a new Fire Chief vehicle for theEast Greenwich Fire Department as stated in the capital budget. This vehicle will replace avehicle that has exceeded the useful life for Fire Response purposes.The new vehicle will bea 2020 Ford Explorer police interceptor. This package provides options necessary foremergency vehicles, not found in civilian Ford Explorers. These include mounting pointsand power availability for radios, lights, and sirens.
4. Provide a suggested Action
Approve award of bid to Colonial Municipal Group, 61 Camelot Drive, Plymouth MA02360 for a 2020 Ford Explorer Police Interceptor in the amount of $39,996.60, withauthorization for the Finance Director to advance funds from the General Fund'sunassigned fund balance, for purposes specified in the recommendation to award thiscontract, to be reimbursed upon the issuance of $2,700,000 Capital Improvement Bondproceeds.
5. Contact person and phone number for questions. Bernie Patenaude, 401-886-8690
ATTACHMENTS: Bid award letter 2020 Ford Explorer.pdf Colonial Municipal Group Quote.pdf 20
GBPC-2019-Vehicles-Contract-CMG-.pdf Colonial-Ford-CMG-2020-Vehicles-Extension-.pdf
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Town of East Greenwich FIRE DEPARTMENT
284 Main Street East Greenwich, RI 02818
Phone (401) 886-8686 Fax (401) 886-8629
www.eastgreenwichri.com
The Fire Department is requesting approval to purchase a new Fire Chief vehicle for the East
Greenwich Fire Department as stated in the capital budget. This vehicle will replace a vehicle
that has exceeded the useful life for Fire Response purposes.
Background: The Department will replace a 2005 Chevrolet Tahoe with 123640 current miles. Projected miles by delivery of replacement vehicle are 130,000. The new vehicle will be a 2020 Ford Explorer police interceptor. This package provides options necessary for emergency vehicles, not found in civilian Ford Explorers. These include mounting points and power availability for radios, lights, and sirens. Bid Solicitation: The Department is purchasing the Chief Vehicle through the Massachusetts State Bid. The State of Massachusetts solicited bids for this type of vehicle and allows us to use their bid pricing.
Bid Results: Colonial Municipal Group was the lowest responsive bidder under the bid.
Experience of Lowest Evaluated/Responsive Bidder: Colonial Municipal Group has supplied many area departments with like equipment.
Funding Detail: A total of 40,000.00 is approved in the capital budget for this project. The cost for this vehicle is within the budgeted amount.
Bid Recommendation: Considering the State of Massachusetts has followed the formal bidding process, I recommend award as follows: A town council resolution authorizing an award of bid to Colonial Municipal Group, 61 Camelot Dr., Plymouth MA 02360 phone # 777-283-6400 in the amount of $39,996.60
____________________________
Bernard L. Patenaude
Fire Chief
Cc: Andrew Notta, Town Manager
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Page 1 of 2
Date: January 10, 2020
REVISION 3
E Greenwich RI 02818 Steve Spokowski
774-283-6400
GBPC/BAPERN 2020
Qty Item # Description Unit Price Line Total
1.00 K8A 2020 Ford Interceptor Utility AWD (non hybrid) 33,000.00$ 33,000.00$
1.00 UJ Sterling Gray Metallic exterior paint -$ -$
1.00 99B 3.3 L V6 gasoline engine -$ -$
1.00 44U Electronic 10 speed automatic transmission -$ -$
1.00 F6 HD Ebony cloth interior -$ -$
1.00 500A Standard equipment level content -$ -$
1.00 549 Power Heated Mirrors 58.20$ 58.20$
1.00 64E 18" Aluminum wheels 460.75$ 460.75$
1.00 76R Reverse Sensing System 266.75$ 266.75$
1.00 65U Interior upgrade package 378.30$ 378.30$
1.00 55F Keyless entry 329.80$ 329.80$
1.00 WTHRTEC (1) set front black floor liners 175.00$ 175.00$
1.00 SIFZS Spectralux front LED warning bar - Full windshield visor 1,520.00$ 1,520.00$
1.00 CNSM8R CN Signalmaster 8 head rear window - Red/Amber w/ bracket 785.65$ 785.65$
1.00 ES100C Siren speaker 299.25$ 299.25$
1.00 ESB-FPIU20ND No drill siren bracket behind grille -$ -$
2.00 MPSM12LB Cargo window LED L-brackets 15.20$ 30.40$
2.00 MPSCR Micropulse LED in grille - Red 143.45$ 286.90$
4.00 MPS1220UXRW Red/White LED Side Cargo windows, License Plate 189.05$ 756.20$
2.00 MPS620UXRW Red/white LED: fog lights 160.55$ 321.10$
1.00 MPSMW9FPIU20MIRMirror brackets 29.45$ 29.45$
2.00 MPSW9XRW Wide angle red/white LED under exterior mirrors 219.45$ 438.90$
1.00 PF200R Pathfinder siren, switching & PA 1,234.05$ 1,234.05$
2.00 416900X-RW Red / White LED hideaway - headlight OEM space 103.55$ 207.10$
2.00 416900X-RW Red / White LED hideaway - Taillight reverse light space 103.55$ 207.10$
1.00 COM3SRWC 3" Round Compartment Light Red/White LED 74.10$ 74.10$
2.00 4253816 Magnetic microphone clips 34.95$ 69.90$
1.00 CVS1012INUT 22" Console with: CEB30MPM1P, CEB25MMT1P, 330.48$ 330.48$
Quote
284 Main Street
East Greenwich Fire Department
Salesperson:
401-886-8694
Chief Bernard Patenaude (Kory Koster ITS)TO:
Colonial Municipal Group www.buycmg.com (774) 283-6400 61 Camelot Dr. Plymouth, MA 02360
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CEB30FSR1P, CFP2, CFP15 -$
1.00 CARM103 Armrest 55.02$ 55.02$
1.00 CCUP21001 Cupholder 41.15$ 41.15$
1.00 CAP0645 6" accessory pocket 45.59$ 45.59$
2.00 NM058UNC Antenna cables 15.00$ 30.00$
1.00 CG-X Chargeguard Timer 75.46$ 75.46$
1.00 LABOR Install supplied 2 way fire radios 240.00$ 240.00$
-$
(VENDOR DISCOUNT) (1,750.00)$
NOTE: We currently have this unit in stock and subject to avail-
ability upon receipt of approval
Custom or Special Orders are Non-Refundable Subtotal $39,996.60
Sales Tax
Estimate is Based on Current Information From Client About the Project
Requirments Grand Total $39,996.60
Thank you for your business
Special Instructions:
Colonial Municipal Group www.buycmg.com (774) 283-6400 61 Camelot Dr. Plymouth, MA 02360
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26
27
28
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ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDL SUBRLTR INSD WVD
PRODUCER CONTACTNAME:
FAXPHONE(A/C, No):(A/C, No, Ext):
E-MAILADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBERPOLICY EFF POLICY EXP
TYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
JLABO
Patricia Condon
10/10/2018
GORDCHE-02
BCUA512197314
B
MGA512764014
CWCI00126901
A
CPA512197214
500,000
500,000
500,000
10,0005,000,000
5,000,000
Garage
1,000,000
1,000,000
2,000,000
10,000
500,000
1,000,000
1,000,000
X
X
X
X
X
X
XX
License # 1780862
12/10/2017 12/10/2018
12/10/2017 12/10/2018
12/10/2017 12/10/2018
12/10/2017 12/10/2018
Named Insured includes: Gordon Chevrolet, Inc., Colonial Automotive Group, City Side Subaru, Inc., Colonial of Watertown, Inc. dba Colonial Buick GMC,Colonial Dodge, Inc., Colonial Ford, Inc., Colonial Import South, Inc. dba Colonial Honda of Dartmouth, Colonial Imports West, Inc. dba North End Mazda,Colonial Imports, Inc. dba North End Subaru, Colonial Nissan of Medford, Inc., Colonial South Chevrolet, Inc., Colonial Volkswagen Inc. dba Colonial VW ofMedford, Colonial West Chevrolet, Inc., Gordon Volkswagen, Inc. dba Colonial Volkswagen, Wellesley Volkswagen, Inc., Colonial South Automotive, Inc.,Gordon Colonial, Inc. dba Colonial Cadillac, Colonial Ford of Marlborough, Inc., 100-104 Mystic Avenue, LLC, Empire Management Corp., Source OneFinancial Corp., Wamesit Place LLC, Lower Village LLC, Colonial Municipal Group
SEE ATTACHED ACORD 101
HUB International New England600 Longwater DriveNorwell, MA 02061-9146
(781) 792-3243
Metropolitan Area Planning Council60 Temple Place6th FloorBoston, MA 02111
Gordon Chevrolet, Inc.171 Great RoadActon, MA 01720
Union Insurance CompanyAcadia Insurance CompanyIndependence Casualty Insurance Company
258443132511984
X
X
N
32
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
HUB International New England
GORDCHE-02
SEE PAGE 1
1
SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 1780862
1
SEE P 1
Gordon Chevrolet, Inc.171 Great RoadActon, MA 01720
SEE PAGE 1
JLABO
1
Description of Operations/Locations/Vehicles:Metropolitan Area Planning Council (MAPC) and Greater Boston Police Council (GBPC) are named as an additional insured subject to the terms and conditions of the General Liability and Automobile Liability when required by written contract.
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34
Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda)
Award of bid to Hudson Machinery LLC, 228 East Route 59 Suite 252, Nanuet, NY, 10954for the purchase of a Mainline Sewer Pipe Inspection Camera in the amount of $33,187.00.
2. Submitted by (List department and individual, if necessary) Fred Gomes, Public Works 3. Provide a brief description of the item and why it is on the agenda To purchase a Mainline Sewer Pipe Inspection Camera 4. Provide a suggested Action
Motion to award of bid to Hudson Machinery LLC, 228 East Rt. 59 Suite 252, Nanuet, NY,10954 for the purchase of a Mainline Sewer Pipe Inspection Camera in the amount of$33,187.00.
5. Contact person and phone number for questions. Joe Duarte, 401-886-8621
ATTACHMENTS: Bid Award Letter camera.pdf CAMERA TABULATION 2020.pdf
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Town of East Greenwich 125 Main Street
P.O. Box 111
East Greenwich, RI 02818
Town Council
Town Manager
886-8665
Town Clerk
886-8604
Canvassers
886-8603
Probate
886-8607
Finance
886-8612
Tax Assessor
886-8614
Municipal Court
886-3212
Planning
886-8645
111 Peirce Street Public Works
886-8618
Building Official
886-8617
121 Peirce Street
Swift Community
Center
Senior & Human
Services
886-8669
176 First Avenue
Police Department
Dispatch
884-2244
Administration
886-8640
Information
Technology
886-8670
1127 Frenchtown
Road
Parks & Recreation
886-8626
RI Relay #711
800-745-5555
Date: January 17, 2020
To: Andrew Nota, Town Manager
From: Joseph Duarte, Director of Public Works
Re: Mainline Sewer Pipe Inspection Camera
I am requesting approval to purchase a Mainline Sewer Inspection Camera for the
Wastewater Treatment Facility. The camera will be used for troubleshooting and
inspections of the Town’s sewer system as well as Storm water structures. The
Town does not currently own an inspection camera and relies on outside vendors
for this service causing delays during troubleshooting and emergency situations, not
to mention the high cost that comes along with this service.
On Thursday January 16, 2020 bids were opened in the Town Council Chambers
for a “Mainline Sewer Pipe Inspection Camera”. Bids were sent to four (4) vendors
who provide this type of equipment. It was advertised in the East Greenwich
Pendulum, on the town’s website, and was also posted on public bulletin boards at
the town hall and the public library. Five (5) bids were received for the camera.
The best qualified bid for the “Mainline Sewer Pipe Inspection Camera” was
received from Hudson Machinery LLC for a net delivered price of$33,187.00.
The funding for the camera will come from the Capital account in the Wastewater
budget for FY2020.
Therefore, I recommend award to Hudson Machinery LLC, 228 East Rt. 59 Suite
252, Nanuet, NY, 10954 phone # 845-920-1776 for a net delivered price of the
$33,187.00 for the Mainline Sewer Pipe Inspection Camera.
Cc: Shaw O’Neil, Wastewater Treatment Facility Superintendent
Fred Gomes, Special Projects Coordinator
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BID OPENING ITEM #1 Option #1 Option #2 Total:
January 16, 2020 Mainline Camera 512Mz Sonde Sonde Locator All Items CONFORMS TO DELIVERY
VENDOR Transmitter SPECIFICATIONS DATE
Hudson Machinery LLC
228 East Rt. 59 Suite 252 $31,200.00 $630.00 $1,357.00 $33,187.00 yes 20 days
Nanuet, NY, 10954 ARO
(845)920-1776
Vacuum Sales Inc
51 Stone Rd. $32,792.00 $660.00 $1,399.00 $34,851.00 Yes 4 to 8
Lindenwold, NJ, 052021 weeks
(800)547-7790 ARO
Deep Trekker Inc
830 Trillum Dr $36,068.50 $1,099.00 $2,145.00 $39,312.50 No 4 Weeks
Kitchener, Ontario, Canada ARO
N2R1K4
(519)342-3177
New England Truck Equipment
4 Barker Dr $32,755.00 $0.00 $3,698.75 $36,453.75 No 3 to 4
Wallingford, CT, 06492 weeks
(203)284-1657 ARO
New England Truck Equipment
4 Barker Dr $44,445.25 $0.00 $3,698.75 $48,144.00 No 2 to 4
Wallingford, CT, 06492 weeks
(203)284-1657 ARO
BID TABULATION
MAINLINE SEWER PIPE INSPECTION CAMERA
CAMERA TABULATION 2020
37
Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda) Tax Assessor Abatements to the 2019 Tax Roll 2. Submitted by (List department and individual, if necessary) Anthony Davey, Tax Assessor 3. Provide a brief description of the item and why it is on the agenda
Abatement to the 2019 real estate tax roll from an appeal to the Assessor in the amount of$345.83.Abatement to the 2019 real estate tax roll due to a misapplied senior exemption in theamount of $567.00.Abatement to the 2019 real estate tax roll from the Board of Assessment Review in theamount of $2,314.04.
4. Provide a suggested Action Approve as submitted 5. Contact person and phone number for questions. Anthony Davey, 401.886.8614
ATTACHMENTS: abatements 1-27-20.pdf
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01/21/2020 10:11 |TOWN OF EAST GREENWICH |P 1adavey |OPEN ABATEMENTS (LIST ONLY) |txabtent
REF NO CAT YEAR BILL OWNER NAME RESOLUTION EFFEC DATE ASSMT CHANGE CHARGE ABATEMENT
PROPERTY REASON CLERK ENTRY DATE POSTS LIABL AMOUNT____________________________________________________________________________________________________________________________________
2590 20 2019 5197 100405016 SKORUPSKAS GEOFFREY SO 01/21/2020 0 RETXR -345.83 024-017-177-0000 AGA ASSESSOR GRANTED APPEAL adavey 01/21/2020
2591 20 2019 5137 100404956 ASKOY DOENDUE OEZLEM K/OEZGUER 01/21/2020 0 RETXR -2,314.04 041-015-472-0000 BOR BOARD OF REVIEW CHANGE adavey 01/21/2020
2592 20 2019 2082 100009036 APPLEBY DAWN H TRUST 2001 01/21/2020 0 RETXR -567.00 062-010-075-0000 17 SENIOR MV 80-84 adavey 01/21/2020
3 ABATEMENTS ABATEMENT TOTAL -3,226.87
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01/21/2020 10:11 |TOWN OF EAST GREENWICH |P 2adavey |OPEN ABATEMENTS (LIST ONLY) - CHARGE SUMMARY |txabtent
YEAR CAT CHARGE ABATEMENT AMOUNT______________________________________________________________
2019 20 RETXR RE Tax Residential -3,226.87
_______________ -3,226.87
ABATEMENT TOTAL -3,226.87
40
Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 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 December 9, 2019 at the Varnum Armory, 6Main Street.
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 Approve 5. Contact person and phone number for questions. Elaine Vespia, 401-886-8603
ATTACHMENTS: 2020.01.27 Class F1 Varnums February Meeting.pdf
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43
Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda) Revision to Rules of Appointment Policy for Boards, Commissions and Committees. 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
Policy has not been revised since 2014. Changes reflect current administrative process bythe Town Clerk.
4. Provide a suggested Action Approve 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604
ATTACHMENTS: Rules of Appointment Policy Rev 01.27.2020 DRAFT.pdf
44
Town of East Greenwich Rules of Appointment Policy
Boards, Commissions and Committees
Revised 8/25/141/27/2020 Page 1 of 4
Selection Process
1. The Town Clerk shall advertise in a local newspaper and on the Town’s
website the boards, commissions and committees that will have upcoming
vacancies using the following schedule:
Vacancy Period Advertising Period January – March October
April – June January
July – September April
October – December July
2. Upon receipt of an application and letter of interest stating their qualifications,
the Town Clerk shall date stamp it and forward it to the Town Manager and
Town Council for consideration. The Town Clerk will acknowledge the receipt
of each application in writing or by email to the applicant.
3. The application may be considered for one year should vacancies for that
particular board, commission or committee occur during that time. At the end
of three years, applications will no longer be on file.
4. All applications received shall be available for public review in the office of the
Town Clerk.
5. The charge for each board, commission or committee shall be available in the
office of the Town Clerk and on the Town’s website at
www.eastgreenwichri.com..
45
Town of East Greenwich Rules of Appointment Policy
Boards, Commissions and Committees
Revised 8/25/141/27/2020 Page 2 of 4
Requirements for Membership
1. Applications for the various boards, commissions and committees shall be
available in the Town Clerk’s office and on the Town’s web site at
www.eastgreenwichri.com .
2. Applications shall be completed and submitted to the Town Clerk.
3. No appointed member of the Town government shall hold more than one
elective or appointive position in the Town government, with the exception of
ad hoc or study commissions, at the same time.
4. When any member of a board, commission or committee is absent for three
(3) consecutive meetings or the chairperson should recognize any other
attendance deficiencies, the chairperson shall notify the Town Clerk, who
shall in turn notify the Town Council for direction. Any appointee who is
absent without cause for three (3) consecutive meetings may be subject to
removal by the Town Council.
5. The applicant shall comply with all State lLaws andr Regulations as well as
Ethics Commission and Open Meetings Act requirements for appointees.
6. Applicants shall be residents and electors of the Town of East Greenwich,
except as otherwise provided by the State law and by this Charter, and if any
appointed member of any board, commission or committee cease .
Appointment Review Process
46
Town of East Greenwich Rules of Appointment Policy
Boards, Commissions and Committees
Revised 8/25/141/27/2020 Page 3 of 4
1. The Town Council shall review each application and may invite specific
candidates to an interview with the Council. Applicants interviewed by the
Town Council will be sent a letter of appreciation by the Town Clerk.
2. Applicants who are appointed by the Town Council shall receive a letter of
appointment from the Town Clerk’s office and an electronic Oath of Office
form. Appointees shall come to the Town Clerk’s office to be sworn in for
each termsign and return the Oath of Office prior to their first meeting .
meeting.
Reappointment Review Process
1. The Town Clerk shall notify individuals whose terms are about to expire, by
letter or by email, to determine if that individual wishes to be considered for
reappointment.
2. Individuals wishing to be considered for reappointment shall notify the Town
Clerk by letter or by email prior to the expiration date in the letter sent to them
of their current term.
3. Consideration may be given to an alternate member of a board, commission
or committee to move into a full position as a regular member if they request
to do so by letter or by email.
4. Members are reappointed at the discretion of the Town Council.The Town
Council may interview individuals who seek reappointment to a board,
commission or committee.
47
Town of East Greenwich Rules of Appointment Policy
Boards, Commissions and Committees
Revised 8/25/141/27/2020 Page 4 of 4
5. The Town Council may interview individuals who seek reappointment to a
board, commission or committee. Members are reappointed at the discretion
of the Town Council.
6. The chairperson or staff liaison of each board, commission or committee shall
submit an attendance record, to the Town Clerk, for those individuals wishing
to be considered for reappointment.
7. The chairperson or staff liaison of the board, commission or committee may
shall make a recommendation of the candidate to which a reappointment is
made.m
8. A person may serve on any board or commission for a total of three terms or
10 years, whichever is less, even if the person serves on two or more
different boards or commissions. After three terms or 10 years, whichever is
less, the board or commission member cannot serve on any board or
commission for two years. However, effective January 1, 2005, every current
member of a board or commission may be reappointed to one term, at the
expiration of their current term, regardless of their years of service. Upcoming
openings and, vacancies and/or reappointments shall be advertised. If no one
applies for the position, the term limit of the member whose term is expiring
does not apply for one additional term and that person can be reappointed.
Every board or commission shall have a defined term of service that is not
less than three years, unless otherwise stated in the Charter, by ordinance, or
by state law. These provisions do not apply to alternates or to ad hoc boards
or commissions.
Adopted by Town Council: __________________January 27, 2020
48
Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda) Revisions to the Access to Public Records Act procedures. 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
Policy is being amended to reflect the custodian for the Fire Department as the Fire Chiefand the custodian for the School Department as the Human Resources Coordinator.
4. Provide a suggested Action Approve 5. Contact person and phone number for questions. Leigh Carney, 401-886-8604
ATTACHMENTS: 2020.01.27 APRA policy amended.pdf
49
1
Town of East Greenwich
ACCESS TO PUBLIC RECORDS ACT PROCEDURE
R.I. General Laws Section 38-2-2 et seq.
The Town is committed to providing the public with access to public records from all Town departments1 under R.I. General Laws Section 38-2-2. The Town’s various departments and staff provides numerous documents to the public, media, and attorneys every day in the ordinary course of business. Any person who wishes to request a public record should complete a “Request for Records under the Access to Public Records Act” form, which is available online at www.eastgreenwichri.com, at the Police Department for police records, at the Fire Department for fire records or the Town Clerk's office for all other requests. All requests for School Department records should be directed to the Human Resources Coordinator for the East Greenwich School Department. Completion of this form is not mandatory but is used to facilitate the request. In the event a requestor does not wish to complete the form, an email or a verbal request may be made to the custodian of the records. The custodian of Town records is the Town Clerk. The custodian of Police Department records is the Chief of Police. The custodian of the Fire Department is the Fire Chief. The custodian of the School Department is the Human Resources Coordinator. Pursuant to R.I. General Laws Section 38-2-3(d), the East Greenwich Town Council has established the following procedure regarding access to public records:
1. Please inform the designated official that you wish to make a request for public records. Requests can be made through the Police Department (886-8640 or [email protected]), the Fire Department (886-8694 or [email protected]), the School Department (398-1222 or [email protected]) or for all other non-School Department municipal records, the Town Clerk’s office (886-8604 or [email protected]) from 8:30 a.m. to 4:00 p.m. Monday through Friday. In the absence of the Town Clerk, the Deputy Town Clerk (886-8607 or [email protected]) will act as the custodian of Town records.
2. The designated official may provide you with a form to complete, which permits us to
know the precise public documents you seek and assists us in processing your request in an expeditious manner.
3. The Access to Public Records Act, R.I. General Laws Section 38-2-3(e), grants a public
body ten (10) business days to respond to a public records request. The Act further provides that for good cause, a public body may submit a written request for an extension of up to twenty (20) business days to process the request. We appreciate your understanding and patience.
1 The Housing Authority and the School Department are not within the authority of the Town Council or Town
Manager and have their own procedures for access to public records.
50
2
4. Costs. The Access to Public Records Act provides the requestor the opportunity to view
and/or copy public records. Should a copy be requested, the Town of East Greenwich may charge a fee of fifteen cents ($0.15) per copied page of written public documents, in accordance with RIGL §38-2-4 for documents copied on common business size (letter or legal) paper. Under state law, copies of some documents, such as those recorded in the land evidence records cost $1.50 per page. The Act permits a reasonable charge for search and retrieval of documents. The hourly costs for a search and retrieval shall be fifteen dollars ($15.00) per hour, with no charge for the first hour. Upon receipt of a request, the Town will provide an estimate of the cost(s) for search and retrieval, as well as copying (if requested) and the Town shall provide the estimate to the requestor in advance of completion. Upon completion of the request, a detailed itemization of the costs charged for search and retrieval will be provided upon completion. Pre-payment may be required for any request that requires search and retrieval and/or copying costs in excess of $45.00 or for voluminous requests.
5. Public Records. A “public record” is defined as “documents, papers, . . . or other
material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.” R.I. General Laws Section 38-2-2(4). If, after review of your request, the Town determines that the requested documents are exempt from disclosure for a reason set forth in the Act, the Town reserves the right to claim any such exemption.
6. Redaction. Although a document may constitute a public record, there may be some
information contained therein that may be redacted/deleted as it may be exempt from disclosure under R. I. General Laws Section 38-2-2.
7. Production of Public Records. The Town is not obligated to produce for inspection or
copying records that are not in the possession of the Town. Moreover, the Town is not required under the Act to reorganize, consolidate, or compile data that is not maintained by the Town in the form requested.
8. Appeal of Denial. Any person or entity denied the right to inspect a record of a public
body may petition the Town Manager for review of the decision denying the request. Any petition from a denial should be addressed to the Town Manager, Town of East Greenwich, 125 Main Street, East Greenwich, RI, 02818. A final determination of whether to allow public inspection will be made within ten (10) business days after the submission of the petition, as set forth in R.I. General Laws Section 38-2-8.
9. Complaint to the Attorney General. If the Town Manager determines the record is not
subject to public inspection, the person or entity seeking disclosure may file a complaint with the Attorney General, 150 Main Street, Providence, RI 02903; Telephone: (401) 274-4400 or may retain private counsel for the purposes of instituting proceedings for injunctive or declaratory relief in the Superior Court of Kent County.
51
3
Adopted 12/10/12 Amended 09/08/15 Amended 06/27/16 Amended 02/12/18 Amended 08/27/18 Amended 02/04/19 Amended 01/27/20
52
Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda) Discussion regarding 2020 Legislative Session 2. Submitted by (List department and individual, if necessary) Leigh Carney, Town Clerk 3. Provide a brief description of the item and why it is on the agenda
Conversation with State legislators regarding general areas of interest for cities and towns,specific local interests and possible matters they have been working on and/or plan tosponsor or co-sponsor.
4. Provide a suggested Action Discussion only 5. Contact person and phone number for questions. Andrew E Nota, 401-886-8665
ATTACHMENTS:
53
Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda)
Application for grant funds through the R.I. Department of Environmental Management,Wastewater Facility Resiliency Fund in an amount of $191,305 for the implementation ofclimate resiliency enhancement upgrades at the E.G. Wastewater Treatment Facility.
2. Submitted by (List department and individual, if necessary) Joe Duarte, Public Works 3. Provide a brief description of the item and why it is on the agenda
Grant funds from the R.I. Department of Environmental Management, Wastewater FacilityResiliency Fund will be utilized for the implementation of climate resiliency enhancementupgrades at the E.G. Wastewater treatment Facility.
4. Provide a suggested Action
A motion authorizing the Town Manager to apply for grant funds through the R.I.Department of Environmental Management, Wastewater Facility Resiliency Fund in anamount of $191,305 for the implementation of climate resiliency enhancement upgrades atthe E.G. Wastewater treatment Facility.
5. Contact person and phone number for questions. Joe Duarte, 401-886-8621
ATTACHMENTS: Resiliency Grant 2020.pdf
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59
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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda)
Authorization to use Wastewater Fund's unrestricted net assets as 50% matching funds forthe R.I. D.E.M., Wastewater Facility Resiliency Fund grant for the implementation ofclimate resiliency upgrades at the E.G. Wastewater Treatment Facility.
2. Submitted by (List department and individual, if necessary) Joe Duarte, Public Works 3. Provide a brief description of the item and why it is on the agenda
This will authorize the use of the Wastewater Fund's unrestricted net assets as 50%matching funds for the R.I. D.E.M., Wastewater Facility Resiliency Fund grant for theimplementation of climate resiliency upgrades at the E.G. Wastewater Treatment Facility.
4. Provide a suggested Action
A motion authorizing the Town Manager to use the Wastewater Fund's unrestricted netassets as 50% matching funds for the R.I. D.E.M., Wastewater Facility Resiliency Fundgrant for the implementation of climate resiliency upgrades at the E.G. WastewaterTreatment Facility.
5. Contact person and phone number for questions. Joe Duarte, 401-886-8621
ATTACHMENTS:
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Town of East Greenwich, RITOWN COUNCIL AGENDA TRANSMITTAL FORM
Town Council Meeting Date: January 27, 2020
1. Agenda Item (List as it should appear on the agenda) Discussion on Food Trucks/Mobile Food Establishments (MFE's). 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
Update on new legislation and regulations effecting local licensing. RIGL 5-11RIGL 5-11.1DBR Rules & Regulations
4. Provide a suggested Action Informational only 5. Contact person and phone number for questions. Andrew Teitz, 401-331-2222
ATTACHMENTS: 2020.01.27 UTR Memo Food Trucks Legislation.pdf 2020.01.27 DBR regulations Food Trucks.pdf 2020.01.27 DBR update Food Trucks.pdf 2020.01.27 DBR ordinance draft discussion only.docx
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Ursillo, Teitz & Ritch, Ltd.Counsellors At Law
Michael A. Ursillo
2 Williams Street Andrew M. Teitz AICD* Tel( 401) 331-2222
at South Main Street) Scott A.Ritch* Fax( 401) 751- 5257
Providence, Rhode Island 02903- 2918 amygoins@utfdawcom
Troy L. Costa
Amy H. GoinsPeter F. Skwirz*`
GinaA- DiCenso**( OfCounsel)
AdmBtedi iRI*,MA`,NY`
MEMORANDUM
TO: Honorable East Greenwich Town Council
FROM: Amy H. Goins, Assistant Solicitor
DATE: March 19, 2019
SUBJECT: Food Trucks Legislation
Legislation enacted in 2018 regarding mobile food establishments ( commonly referred to as foodtrucks) establishes requirements for a statewide registration system, authorizes the Town to adopt
a local permitting ordinance, and defines the scope of additional regulation that the Town may
choose to adopt. A copy of the law is attached for your review, as well as proposed regulations
from the Department of Business Regulation. Although the law took effect on January 1, 2019,municipal compliance with the law is not required until July 1, 2019. For our purposes, the basicpremise of the law is that the Town is now empowered to issue permits for food trucks, although
the Town does not have unfettered authority to establish criteria for the issuance of those
permits. The Town' s permit is more or less a corollary to the statewide registration, with severalimportant exceptions: the Town may restrict the operation of food trucks with respect to ( 1)
number of permits granted; ( 2) location of operation; ( 3) hours of operation; and ( 4) noise.
Enclosures
S:( East GreenwichlOi- dinances& legislation Memo re Food Ti-rocks- EG. docx
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CHAPTER 080
2018 -- S 2502 SUBSTITUTE B
Enacted 06/ 28/ 2018
AN ACT
RELATING TO BUSINESSES AND PROFESSIONS -- HAWKERS AND PEDDLERS
Introduced By. Senators Euer, Jabour, Goldin, Satchell, and QuezadaDate Introduced: March 01, 2018
It is enacted by the General Assembly as follows:SECTION 1. Section 5- 11- 1. 1 of the General Laws in Chapter 5- 11 entitled " Hawkers
and Peddlers" is hereby amended to read as follows:5- 11- 1. 1. " Hawkers"," peddlers", and " door- to- door salespersons" defined --
Authority to issue rules and regulations.a) For purposes of this chapter:
1) " Door-to- door salespersons" means persons who deliver goods, wares, or
merchandise to customers for which payment has already been made or is to be made at the time
of delivery;2) " Hawker" means any person selling or offering for sale any goods, wares, or
merchandise, including any food or beverage, on any public street, highway, or public right of
way in the state from a stationary location;3) " Peddler" means any person selling or offering for sale any goods, wares, or
merchandise, from a vehicle, cart, or any other conveyance thatis not stationary, subject to subsection( c).; and
4) No " hawker" or " peddler" shall sell or offer for sale any single good, ware, or item
having a retail value of more than three hundred dollars ($ 300). However, this dollar limitation
shall not apply to any non- profit corporation duly authorized to do business in Rhode Island. Anon- profit corporation means a non- profit corporation that has applied under 26 U. S. C. §
501( c)( 3) for approval as a § 501( c)( 3) corporation with the Internal Revenue Service, or has been
so approved.
b) Persons selling farm or garden produce, including flowers, and persons selling works
of art or crafts of their own making at an art or crafts show or exhibition are not hawkers orpeddlers, provided, that:
1) Cumberland. The town of Cumberland has the power to license and regulate persons
selling farm or garden produce, including flowers, and persons selling works of art or crafts of
their own making at an art or crafts show or exhibition;2) West Warwick. The town of West Warwick has the power to license and regulate
persons selling farm or garden produce, including flowers, and persons selling works of art or
crafts of their own making at an art or crafts show or exhibition;
3) Bristol. The town of Bristol has the power to license and regulate persons selling farm
or garden produce, including flowers, and persons selling works of art or crafts of their own
making at an art or crafts show or exhibition;
4) Warwick. The city of Warwick has the power to license and regulate persons selling
farm or garden produce, including flowers, and persons selling works of art or crafts of their own
making at an art or crafts show or exhibition;
5) East Providence. The city of East Providence has the power to license and regulate
persons selling farm or garden produce, including flowers; and
6) Woonsocket. The city of Woonsocket has the power to license and regulate peddlers
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selling or offering flowers.c) " Mobile food establishments" registered pursuant to chapter 11. 1 of title 5, and any
regulations promulgated thereunder, are not hawkers or peddlers and are explicitly exemptedfrom this chapter.
SECTION 2. Title 5 of the General Laws entitled " BUSINESSES AND PROFESSIONS"
is hereby amended by adding thereto the following chapter:CHAPTER 11. 1
STATE MOBILE FOOD ESTABLISHMENT REGISTRATION ACT
5- 11. 1- 1. Short title.
This chapter shall be known and may be cited as the " State Mobile Food EstablishmentRegistration Act."
5- 11. 1- 2. Purpose.
The intent of this chapter is to standardize the registration process for mobile food
establishments in the state by authorizing the department of business regulation to issue state
mobile food establishment registrations. Furthermore, this chapter explicitly exempts the sellingof food or beverages from the provisions of chapter 11 of title 5 which applies to hawkers and
peddlers.
5- 11. 1- 3. Definitions.
As used in this chapter, the following terms shall have the following meanings:1) " Department" means the department of business regulation.
2) " Director" means the director of the department of business regulation.
3) " Event permit" means a permit that a city or town issues to the organizer of a public
mobile food establishment event located on public property_4) " Fire safety code" shall have the meaning set forth in chapter 28. 1 of title 23 and shall
include any regulations promulgated thereunder.5) " Mobile food establishment" means a food service operation that is operated from a
movable motor- driven or propelled vehicle,-122 structure, or watercraft that can change
location. Mobile food establishments specifically includes, but is not limited to, food trucks, foodcarts, ice- cream trucks/ carts, and lemonade trucks/ carts.
6) " Mobile food establishment event" means an event where an individual has ordered or
commissioned the operation of one or more mobile food establishments at a private or public
gathering:
7) " Mobile food establishment operator" or " operator" means a person or corporate
entity who or that owns, manages, or controls, or who or that has the duty to manage or control,the operation of a mobile food establishment.
8) " Mobile food establishment vendor" or " vendor" means a person who prepares, sells,
cooks, or serves food or beverages from a mobile food establishment.
9) " Municipal mobile food establishment permit" means a permit issued by-acity ortown to a mobile food establishment operator that possesses a current state mobile food
establishment registration.
10) " Registrant" means the holder of a " state mobile food establishment registration."
11) " RIDOH" means the Rhode Island department of health.
12) " State mobile food establishment registration" or " registration" means a registration
issued by the department which authorizes a mobile food establishment to operate in the state.13) " Temporary mass gathering"-
i) Means an actual or reasonably anticipated assembly of five hundred ( 500) or more
people that continues, or reasonably can be expected to continue, for two ( 2) or more hours per
day; or an event that requires a more extensive review to protect public health and safety because
the event' s nature or conditions have the potential of generating environmental or health risks.
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ii) Includes, but is not limited to, " special events" as defined in the food code regulations
promulgated by RIDOH, and festivals and concerts.
iii) Shall not include an assembly of people at a location with permanent facilities
designed for that specific assembly_5- 11. 1- 4. Practices for which registration is required.
Beginning on July 1, 2019, it shall be unlawful for any_person or entity to operate a
mobile food establishment, in this state without first receiving a registration from the department
and any applicable municipal permit( s) in accordance with this chapter.5- 11. 1- 5. Registration applications and requirements.
a) An application for a state mobile food establishment registration shall be made to the
department on forms adopted by the department and accompanied by the required fee of fiftydollars ($ 50. 00)_
b) The application shall at a minimum, include the following information:
1) The name and address of the applicant and, if the applicant is an entity, the name andaddress of at least one natural person who is in responsible charge of the operations on behalf of
the applicant;
2) Evidence of a current:
i) Mobile food service license from RIDOH;
ii) Fire safety_permit, if applicable;iii) Motor vehicle registration, if applicable;
iv) Motor vehicle insurance, if app licable;
v) Evidence of financial responsibility that is acceptable to the department; andvi) Permit to make sales at retail from the Rhode Island division of taxation.
3) Any other such information as the department shall require.c) If anapplicant or registrant operates more than one mobile food establishment, the
applicant or registrant shall submit a separate application for each mobile food establishment and
pay a separate application fee per year for each mobile food establishment registered by thedepartment.
d) The fees for initial registration, renewal, and late renewals shall be determined by the
department and established by regulation.e) The department shall receive applications for initial registration and renewal and
establish administrativeprocedures for processing applications and issuing and renewingregistrations.
f) All application requirements must be maintained and kept current for the duration of
the Registration.
g) The department may work with the state fire marshal to establish fees for fire safetypermit inspections byregulation.
5- 11. 1- 6. Issuance and renewal of registration.
a) A registration issued by the department pursuant to this chapter shall be valid for one
year from the date on which it was issued or for anotherperiod of time as determined by thedepartment.
b) Every mobile food establishment operator who or that desires to renew a registration
for the next year shall apply for renewal upon a form furnished by the department, accompanied
by a fee to be set by the department in regulations, and containing information that is required by.the department.
c) Renewal of a registration may be subject to the same provisions as the initialapplication.
5- 11. 1- 7. Authority to operate a mobile food establishment in any city or town.
a) To operate in any city or town, a mobile food establishment operator shall provide
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proof of having a state mobile food establishment registration to the city or town that the mobilefood establishment wishes to operate in.
b) If a mobile food establishment presents this registration, then a city or town shall not:1) Impose additional qualification requirements on the mobile food establishment
operator before issuing a municipal mobile food establishment permit to operate within the city ortown;
2) Charge a fee for a municipal mobile food establishment permit, event permit, or
temporary mass gathering_permit greater than the maximum fee set bythe department and
established by regulations;
3) Issue a permit that expires on a date earlier or later than the day on which the statemobile food establishment registration expires; or
4)- Require additional municipal mobile food establishment permits or charge additional
fees beyond the initial municipal mobile food establishment permit and fee for the operation of
that same mobile food establishment in more than one location or on more than one day within
the same city and town in the same calendar year.
c) Nothing in this section prevents a city or town from:
Requiring a mobile food establishment operator or event organizer to obtain an event
permit,_provided that the fee is not greater than the maximum set by the department inregulations;
2) Denying suspending, or revoking a permit that the city or town has issued if the
operation of the registrant within the city or town violates the city' s or town' s land use regulations,
zoning, or other ordinances in relation to the operation of a mobile food establishment; or
3) Requiring a separate temporary mass gathering_permit,_provided that the fee is not
greater than the maximum set by the department in regulations.
d) Cities and towns will retain the authority to restrict the operation of mobile food
establishments in their city or town by ordinance with respect to:1) Number of permits granted;
2) Location of operation;
3) Hours of operation; and
4) Noise.
5- 11. 1- 8. Municipal compliance.
All cities and towns shall comply with the provisions of this chapter by July1 2019.
5- 11. 1- 9. Display of registration and municipal permits.a) State mobile food establishment registrations must be affixed to the mobile food
establishment in a conspicuous place.
b) When the mobile food establishment is doing business in a city or town that issuespermits, thepermit must also be affixed to the mobile food establishment in a conspicuous place.
5- 11. 1- 10. Mobile food establishment safety standards.
a) Mobile food establishments shall comply with RIDOH' s statutes, rules, regulations,
and policies relating to food safety_
b) Mobile food establishments shall comply with the fire safety code, if applicable.5- 11. 1- 11. Grounds for denial, suspension or revocation of a state mobile food
establishment registration.
a) Upon receipt of a written complaint, the request of RIDOH, or the state fire marshal,
or upon its own initiative, the department may_place on probation, suspend, revoke, or refuse to
issue or renew a state mobile food establishment registration or may levy an administrative
penalty or any combination of actions, for any one or more of the following causes:
1) Providing incorrect, misleading, incomplete, or materially untrue information in theregistration application;
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2) Violating any statutes, rules, regulations, ordinances, or policies applicable to the safe
operation of a mobile food establishment, specificallyincluding the fire safety code and those set
forth by the department, RIDOH, and the state fire marshal;
3) Obtaining or attempting to obtain a registration through misrepresentation or fraud;
4) Having admitted to or been found to have committed any food safety or fire safety_violation;
5) Using fraudulent, coercive, or dishonest practices or demonstrating incompetence,
untrustworthiness, or financial irresponsibility in this state or in another place;
6) Having a registration or its equivalent, denied, suspended, or revoked in any other
state,_province, district or territory or administrative action under this section;
7) Operating a mobile food establishment without a current and valid registration;
8) Having its mobile food service license or fire safety_permit denied, suspended orrevoked;
9) Having a substantive complaint of foodborne illness or food- related illness; or
10) A mobile food establishment operator, vendor, or principal thereof having been
convicted of or plead nolo contendere to a felony that is relevant to thatperson' s suitability for amobile food establishment registration.
b) In the event that the action by the department is to non- renew or to deny an
application for a registration, the department shall notify the applicant or registrant and advise, in
writing the reason for the denial or non- renewal of the registration. The applicant or registrant
may make written demand upon the department within thirty ( 20) days for a hearing. The hearingshall be conducted pursuant to the administrative procedures act, chapter 35 of title 42.
c) In addition to or in lieu of any applicable denial, suspension, or revocation of a
registration, a person may, after hearing, be subject to an administrative penalty not to exceed themaximum set forth byregulation.
d) The department shall retain the authority to enforce the provisions of and impose any
penalty or remedy authorized by this chapter and this title against any_person or entity who is in
violation of this chapter or this title even if the person or entity' s registration has been surrendered
or has lapsed by operation of the law.5- 11. 1- 12. Order to cease and desist.
a) If the department has reason to believe that any_person, firm, corporation, or
association is conducting any activities requiring registration in this chapter without obtaining a
registration, or who after the denial, suspension, or revocation of a registration conducts any
activities requiring registration under this chapter, the department may issue its order to that
person, firm, corporation, or association commanding them to appear before the department at a
hearing to be held no sooner than ten ( 10) days nor later than twenty_(20) days after issuance of
that order to show cause why the department should not issue an order to thatperson or entity tocease and desist from the violation of theprovisions of this chapter.
b) All hearings shall be governedby the administrative procedures act, chapter 35 of title
42 and by the department' s rules of procedure for administrative hearings.
5- 11. 1- 13. Responsibility of registrant for acts of agents/ employees.If a registrant is a firm or corporation, it is sufficient cause for the suspension or
revocation of a registration that any officer, director, manager, or trustee of the firm or entity ur
any member or partner, in the case of a partnership has been found by the department to have
engaged in any act or omission that would be cause for denying, suspending, or revoking a
registration to that party as an individual. Each registrant shall be responsible for the acts of an
person working on their mobile food establishment or any_person acting as the agent for that
registrant, and for the acts of any chef or other employee acting as the agent for that registrant.
5- 11. 1- 14. Rulemaking authority,
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The department is authorized to promulgate rules and regulations for the implementation
of this chapter and the registration of mobile food establishments in the state.
SECTION 3. This act shall take effect on January 1, 2019.
LC004926/ SUB B
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230-RICR-30-35-1
TITLE 230 – DEPARTMENT OF BUSINESS REGULATION
CHAPTER 30 – COMMERCIAL LICENSING
SUBCHAPTER 35 – MOBILE FOOD ESTABLISHMENTS
PART 1 – State Registration of Mobile Food Establishments
1.1 Authority
This Part is promulgated pursuant to the authority granted in R.I. Gen. Laws §§ 5-11.1-5, 5-11.1-6, 5-11.1-7, 5-11.1-11, 5-11.1-14.
1.2 Purpose
The purpose of this Part is to establish standards and procedures for the registration of Mobile Food Establishments, and to generally assist the
Department in carrying out the administration and enforcement of State Mobile Food Establishment Registration Act, R.I. Gen. Laws Chapter 5-11.1, so that the
public interest may be effectively served.
1.3 Definitions
A. In addition to the terms defined in R.I. Gen. Laws § 5-11.1-3, for this Part, the
following terms shall have the following meanings:
1. “Act” means the State Mobile Food Establishment Registration Act, R.I.
Gen. Laws § 5-11.1-1 et seq.
2. “Department” means the Department of Business Regulation.
3. “Director” means the Director of the Department of Business Regulation orhis or her designee.
4. “DMV” means the Rhode Island Division of Motor Vehicles.
5. “Fire Marshal” means the Rhode Island Office of the State Fire Marshal.
6. “MFE” means a Mobile Food Establishment, as defined in R.I. Gen. Laws § 5-11.1-3(5).
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7. “Municipal permit” means a Mobile Food Establishment Permit as defined in R.I. Gen. Laws § 5-11.1-3.
8. “Registrant” means the holder of a State Mobile Food Establishment Registration.
9. “RIDOH” means the Rhode Island Department of Health.
10. “State mobile food establishment registration” or “Registration” means a
registration issued by the Department which authorizes a mobile food establishment to operate in the state.
1.4 Registration Requirement
A. In accordance with R.I. Gen. Laws § 5-11.1-4, MFEs are required to register with the Department.
B. There will be an initial grace period for MFEs to register with the Department and for municipalities to comply with the requirements of R.I. Gen. Laws Chapter 5-
11.1 and this Part. During this time, state registration by MFEs will be optional. This grace period will end on December 31, 2019.
1. MFEs: In 2019, MFEs may renew their municipal permits under the old requirements and operate under those municipal permits until December
31, 2019, even after the state registration system is operational with the Department. Starting on January 1, 2020, all MFEs must first obtain
Registration from the Department before being eligible for municipal permits.
2. Municipalities: Starting on July 1, 2019, municipalities must comply with the maximum fees set forth in § 1.11 of this Part and must accept a Fire
Safety Permit from the State Fire Marshal. Municipalities may continue to accept applications under their old requirements during 2019. Starting on
January 1, 2020, all municipalities must comply with all requirements of R.I. Gen. Laws Chapter 5-11.1 and this Part, and have updated all
necessary procedures, applications and ordinances.
C. This registration does not authorize the sale and/or service of alcoholic
beverages.
1.5 Applications for Registration
A. Prior to submitting a MFE application to the Department, Applicants must first
obtain the following, copies of which must be submitted to the Department with the application for registration.
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1. Mobile Food Service License from RIDOH:
a. All Applicants must obtain a Mobile Food Service License from the
Rhode Island Department of Health, Center for Food Protection, keep it current and renew it each year.
b. This requirement applies to out-of-state MFEs as well, even if they possess a similar permit/license from another state.
2. Compliant Fire Safety Inspection Report from the Fire Marshal:
a. All Applicants planning to conduct mobile and temporary cooking
operations in the State of Rhode Island must be inspected annually by the Fire Marshal, obtain a compliant Fire Safety inspection
report, keep it current and renew it each year.
3. Motor Vehicle Registration:
a. All MFE vehicles, including but not limited to trucks, trailers and anyother vehicle that by state law needs to be registered with the DMV
must annually submit a copy of their current motor vehicle registration.
b. Out-of-state applicants must submit a copy of their current motor vehicle registration from the state in which their vehicles are
registered.
c. Any applicant planning to operate a MFE from a watercraft must
submit a copy of their current vessel registration issued by the Rhode Island Department of Environmental Management, Office of
Boating Registration & Licenses. Vessels with out-of-state registration must annually submit a copy of their current vessel
registration from the state in which their vessel is registered.
4. Motor Vehicle Insurance
a. All applicants required to register their vehicle under state law with the DMV must provide proof of motor vehicle insurance.
5. Permit to Make Sales at Retail
a. All operators must obtain and keep current a Permit to Make Sales
at Retail from the Rhode Island Division of Taxation.
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B. Every applicant for MFE registration shall submit a complete application to the Department along with all required documentation set forth in R.I. Gen. Laws § 5-
11.1-5 and § 1.5 of this Part and the applicable fee, which is nonrefundable.
C. Registrations will be issued to each individual MFE. If an Applicant owns multiple
MFEs, each MFE must be separately registered with the Department.
1. Applicants who own multiple MFEs will only be charged for the first five (5)
registrations, up to a total of $250. Once meeting that threshold, subsequent registrations in the same calendar year by that same applicant
will be free.
D. In addition to the information required by R.I. Gen. Laws § 5-11.1-5, the
application must also include:
1. If the applicant is a business entity, all trade names and fictitious names
used by the MFE;
2. The current email address and phone number of the operator of the MFE;
3. A completed taxpayer status affidavit;
4. Address where MFE is located when not operating; and
5. Any identifiable information regarding presence on the internet, including but not limited to website address and social media identifiers for
Facebook, Twitter, and/or Instagram.
E. All application requirements must be maintained and kept current for the duration
of the Registration.
1.6 Registrations
A. Registration cycles beginning in calendar year 2020.
1. In order to synchronize registration cycles:
a. MFEs are encouraged to apply for state MFE registrations from
January 1 to March 31, and to renew in subsequent years during the same time period.
b. All municipalities are encouraged to set their licensing cycles from January 1 to March 31, consistent with state MFE registration.
2. Notwithstanding, the above, initial applications for new state registrations or municipal permits may be accepted at any time of the year.
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B. Issuance of Registration
1. Upon review and finding of the application to be satisfactory, the
Department shall issue a Registration.
C. Incomplete or Deficient Applications
1. If the application is not approved as submitted, the Department shall provide the Applicant with a deficiency notice.
2. If the missing materials are not submitted to the Department within thirty (30) days of the date of the deficiency notice, the application shall be
considered withdrawn.
D. Term of Registration
1. The term of Registration shall be one (1) year from the date on which it was issued.
2. The expiration date of the Registration shall appear on the Registration. It is the obligation of the Registrant to timely renew its Registration.
E. Renewal of Registrations
1. Renewal applications must be received by the Department prior to the
expiration of the MFE Registration.
2. Every MFE registered pursuant to R.I. Gen. Laws Chapter 5-11.1 which
desires to renew its Registration shall apply for the renewal of the Registration upon a form to be furnished by the Department. Any renewal
of a Registration shall be subject to the same provisions and requirementscovering issuance, suspension, and revocation of any Registration as
originally issued.
F. Display of Registrations
1. The Registration must be prominently displayed where it can be seen by the consumer, in close proximity to the point of service.
G. Expired Registrations
1. Applications for the restoration of an expired Registration may be renewed
upon submission of a complete renewal application and payment of a reinstatement fee of seventy-five dollars ($75), in addition to the required
renewal fee.
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2. Any MFE seeking to reinstate a Registration after expiration must affirm byaffidavit that the MFE has not engaged in any unregistered activity since
the expiration of the Registration.
3. If an MFE has engaged in unregistered activity pursuant to R.I. Gen. Laws
§ 5-11.1-11, it may be subject to discipline and denial of its request for reinstatement.
H. Change of Address
1. Written notice shall be given to the Department within fourteen (14) days
of any change in a Registrant’s mailing address, location of MFE when notoperating, email address, phone number, controlling person, or any other
change in contact information reported on the most recent application.
I. Transfer of Registration Prohibited
1. A Registration shall be granted only to the applicant.
2. A Registration is not subject to transfer, sale, assignment or leasing to
another person, MFE or entity without prior application to, and approval from the Department.
3. A change in ownership requires approval from the Department in order to maintain the Registration.
a. The current owner must notify the Department at least fourteen (14)days prior to the sale of the business.
b. The proposed new owner must complete a Registration application and meet all the requirements of R.I. Gen. Laws Chapter 5-11.1
and this Part.
J. Dissolution of MFE
1. When a Registrant dissolves a firm or otherwise ceases operation, the Registrant must notify the Department within three (3) business days of
ceasing operations.
1.7 Out of State MFEs
A. Out of state MFEs must register with the Department prior to operating in Rhode
Island and must submit an application and fee to the Department along with all ofthe required documentation set forth in R.I. Gen. Laws § 5-11.1-5 and § 1.5 of
this Part.
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1. Each MFE operating in Rhode Island must receive approval to operate from RIDOH. RIDOH will not recognize out-of-state food safety permits.
2. Each MFE operating in Rhode Island must receive approval to operate from the Fire Marshal. The Fire Marshal will not accept out-of-state fire
safety permits or compliant inspection reports.
3. Provisional approval may be granted at the discretion of the Department
on a case by case basis if proof is provided that a RIDOH Food Safety inspection and Fire Marshal inspections are scheduled to occur in RI prior
to operation by the MFE.
1.8 Permits
A. Municipal Permits
1. Each municipality must designate a contact person for MFE permits. Thatperson’s name, position, phone number and email address must be
provided to the Department within thirty (30) days of the effective date of this Part. Any change is this designation must be reported to the
Department within five (5) business days.
2. Each municipality must accept applications for Municipal Permits by email
or other electronic means.
3. After receiving a Registration from the Department, each MFE must then
apply for a business permit to operate in each individual municipality they wish to conduct business in and, if required by the municipality, pay a
permit fee, as set by the municipality, of not more than the maximum fee set forth in § 1.11(B) of this Part.
4. Municipalities must comply with R.I. Gen. Laws § 5-11.1-7 when issuing permits to MFEs. However, municipalities may:
a. Regulate different types of MFEs according to the length of time they stop at any given location;
b. Include limitations in permits related to location, hours of operation and noise; and
c. Issue short-term permits for events.
5. When operating in each municipal jurisdiction, the applicable business
permit issued by each municipality must be prominently displayed where itcan be seen by the consumer, in close proximity to the point of service.
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6. Any person or entity desiring to hold a MFE event within a municipality must obtain an Event Permit/Temporary Mass Gathering Permit from the
municipality prior to holding the event and pay a fee of not more than the maximum fee set forth in § 1.11(B) of this Part. Any use of municipal
property other than a street may also require specific approval from the municipality.
B. Special Use Permits for Use of State-Owned Property
1. This Registration does not grant permission for any person or entity to
hold an event on state property. Any person or entity desiring to hold a MFE Event on state owned property must first obtain permission from the
state agency or authority possessing jurisdiction over the property where the event would be located and pay all applicable fees.
C. Event and Temporary Mass Gathering Permits
1. The issuer of any Event or Temporary Mass Gatherings Permits must
require the organizer/sponsor of the event to leave space large enough to allow access for fire trucks and/or rescues to quickly reach all food trucks
in the case of an emergency or accident in compliance with the Rhode Island Fire Safety Code, 450-RICR-00-00-1 through 10.
1.9 Fire Safety Requirements
A. MFEs are required to have a compliant fire safety inspection report from the Fire Marshal to operate in this state and qualify for a Registration.
B. Fire Safety inspections will be performed by the Fire Marshal.
1. Annual renewal inspections will only be conducted by appointment.
2. Request for an inspection must be made at least seven (7) business days in advance.
C. If a fire safety violation is found at the time of the inspection, a fee of one hundred dollars ($100) will be charged by the Fire Marshal. If no violations are
found, no fee will be charged in accordance with R.I. Gen. Laws § 23-28.2-27.
D. A Fire Safety Permit is required if the MFE is equipped with any of the following:
1. A gasoline, diesel or electric generator,
2. Propane or compressed natural gas,
3. Commercial cooking equipment, and/or96116
4. A fire suppression system.
E. First-time applicants for Fire Safety Permit under R.I. Gen. Laws Chapter 5-11.1
must submit structural and operating plans to the Office of the Fire Marshal for review and approval. Upon approval, an inspection will be scheduled.
1.10 Reporting Foodborne Illness to RIDOH
An MFE shall immediately discontinue operations and notify RIDOH if an imminent health hazard exists in accordance with § 8-404.11 of the FDA Food
Code (2013).
1.11 Fees and Charges
A. MFE Registration fees are payable to the “General Treasurer, State of Rhode
Island” and are non-refundable.
B. Fees:
Initial Registration Fee $ 50
Renewal Registration Fee $ 50
Maximum fee for single owner of multiple MFEs in any calendar year
$ 250
Reinstatement Fee for Late Renewal $ 75
Maximum Annual Municipal Permit
Fee
$ 75
Maximum Municipal Event/Temporary
Mass Gather Permit Fee paid by Organizer of Event
$ 300
Certificate of Good Standing Fee $ 25
1.12 Enforcement Actions
A. Complaints. The Department shall have authority to investigate all complaints
against MFEs for violations of R.I. Gen. Laws Chapter 5-11.1 or this Part. In furtherance thereof, the Department shall notify the MFE in writing or by email of
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the Department's receipt of a complaint, enclosing a copy thereof. The MFE shallwithin twenty (20) days from the date of the Department's notice, file with the
Department a written response to the complaint. The Department shall review theresponse and submit a copy thereof to the complainant for further response, if
necessary. Upon receipt of all responses, the Department will then evaluate the complaint and responses thereto and the matter will be handled in compliance
with the Department's applicable procedures and regulations for such matters. The Department may, upon its own motion, with or without a complaint, notice a
hearing for the purposes of further investigating whether to sanction a Registrant or other person or entity
B. All hearings and enforcement actions shall be conducted in accordance with the
Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq., and the
Department’s Rules of Procedure for Administrative Hearings, Part 10-00-2 of this Title.
C. It is sufficient cause for denial, suspension or revocation of an MFE Registration if an owner, controlling person, principal or employee of an MFE has been found
by the Department to be responsible for any act or omission that would be cause for denying, suspending, or revoking a Registration.
D. The issuance, renewal, suspension, denial or any other disciplinary action taken against the holder of a municipal permit will be handled according to procedures
set forth by each municipality and will not be subject to appeal to the Department.
1.13 Penalties for Violations
Any MFE who fails to comply with the provisions of this Part or the provisions of
R.I. Gen. Laws Chapter 5-11.1, may be subject to a civil penalty not to exceed two thousand dollars ($2,000) for each offense.
1.14 Reporting of Disciplinary Actions/Permit Suspensions
A. Any Registrant whose mobile food service license or fire safety permit is denied, suspended or revoked must notify the Department in writing of such action within
one (1) business day of the denial, suspension or revocation.
B. Any Registrant whose municipal mobile food establishment permit is disciplined
by any municipal authority in this state shall notify the Department in writing and provide documentation of such discipline within three (3) business days of the
initiation of such disciplinary action.
C. Any Registrant whose out-of-state municipal, county or state level
permit/registration to operate is disciplined shall notify the Department in writing
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and provide documentation of such discipline within three (3) business days of the initiation of such disciplinary action.
1.15 Municipality Reporting Requirement
A. Each municipality issuing permits pursuant to R.I. Gen. Laws Chapter 5-11.1 andthis Part shall annually, on or before the first day in December, and at any other
times required by the Department, make a report to the Department that includesthe following information:
1. The number of permits granted by them during the last calendar year;
2. Information on all permit holders including names and addresses of the
permit holders, a description of the type of MFE (food truck, food cart, ice cream/lemonade truck or cart, etc.), and the amount of money paid for
permits;
3. A list of all fees charged for any permits; and
4. Any other information required by the Department.
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230-RICR-30-35-1
TITLE 230 - DEPARTMENT OF BUSINESS REGULATION (INCLUDES
THE OFFICE OF THE HEALTH INSURANCE COMMISSIONER)CHAPTER 30 - COMMERCIAL LICENSING
SUBCHAPTER 35 - MOBILE FOOD ESTABLISHMENTS
PART 1 - STATE REGISTRATION OF MOBILE FOOD ESTABLISHMENTS
Type of Filing: Adoption
Agency Signature
_______________________________________________________________
Agency Head Signature Agency Signing Date
Department of State
____________________________
Regulation Effective Date
__________________________________________________________________
Department of State Initials Department of State Date
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Division of Commercial Licensing & Regulation
MOBILE FOOD ESTABLISHMENT (Food Trucks)
REGULATION UPDATE FOR MFE OWNERS/OPERATORS
This is an update on the Department of Business Regulation’s (“Department”)
implementation plan for the State Mobile Food Establishment Registration Act (“Act”), R.I. Gen
Laws Chapter 5-11.1, and the regulations promulgated thereunder, 230-RICR-30-35-1.
• The comment period for the Regulation has closed.
• The Department is in the process of reviewing all comments and making some changes
based on those comments.
• The Department anticipates an April filing date for the final regulation with the Secretary
of State (“SOS”).
• All municipalities and interested parties will be notified when the regulation is finalized.
Implementation Schedule
To ease the burden on municipalities and MFEs during this transition period, state
registration by Mobile Food Establishments (“MFE”) will be optional in 2019. Therefore,
municipalities may choose to continue using their current MFE permit process until December
31, 2019, with the following required limited changes:
• By July 1, 2019 –
o All municipalities must comply with the maximum municipal fees listed in § 1.11
of the Regulation, 230-RICR-30-35-1. Maximum of $75 for annual municipal
permit and Maximum of $300 for Municipal Event/Temporary Mass Gathering
Permit paid by organizer of event.
o All municipalities must accept a Fire Safety Permit issued by the State Fire
Marshal and not require a separate local fire department inspection as a condition
of obtaining a municipal permit.
o The Department has requested that all municipalities make every effort to
implement any necessary fee changes as soon as possible and immediately start
accepting Fire Safety Permits from State Fire Marshal.
• By December 31, 2019 –
o All municipalities must be in full compliance with the Act and Regulation.
o No municipal MFE permits may be issued to any person or entity that does not
have a State MFE Registration.
o All necessary changes to municipal ordinances, procedures, and applications
required to comply with the Act and Regulation must be complete.
State of Rhode Island and Providence Plantations
DEPARTMENT OF BUSINESS REGULATION
1511 Pontiac Avenue, Bldg. 68-2
Cranston, Rhode Island 02920
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FAQs from the Comments on the Regulation
1. Will the Department set a fixed date for MFE renewals?
No. The Department has learned through the licensing of the numerous professions and
businesses under its jurisdiction that setting a fixed renewal date is problematic for staff resources,
which in turn can result in delays for registration holders when hundreds or thousands of
registrations renew on the same date. Once the state MFE registration system is operational, each
municipality will be required to electronically verify that a particular MFE holds a state
registration. As long as the state registration is in effect at the time of the municipal application,
the municipal permit should be granted. It is the obligation of the MFE owner to keep all
registrations, permits and registration requirements current. Municipalities can continue to use
whatever renewal date each one prefers. However, commentary was received that it was best for
renewals to occur in the late fall/winter/early spring to ensure that each MFE is licensed by the
time weather is nice and they want to operate. Given the grace period, DBR anticipates that many
MFEs will apply for their state registration in the beginning of 2020 so that they are registered and
eligible to apply for any desired municipal permits.
For example, if ABC Food Truck obtains a state MFE registration on August 1, 2019, that
registration would be good for a year. ABC Food Truck then applies for some municipal permits
in the Spring of 2020 and it is eligible because it has an active State Registration. ABC Food
Truck is required to renew its MFE registration by August 1, 2020 to continue to operate in this
state. It is the responsibility of each MFE to timely renew all required MFE registrations and
permits.
2. Will municipal permits issued prior to July 1, 2019, remain in effect?
Yes. Any municipal permit issued prior to July 1, 2019, will continue to remain in effect
according to the terms it was granted on for the remainder of calendar year 2019. Provided
however, that beginning on January 1, 2020, all MFEs must first obtain a state MFE Registration
prior to operating in this state and applying for or renewing any municipal MFE permits.
3. How will the online application work for State MFE Registrations?
The Department is working with the State Division of Enterprise Technology Strategy and
Services (“ETSS”) to design a MFE registration system within the Viewpoint e-Permitting
platform. ETSS intends for this process to be ready for online State registrations by July 1, 2019.
MFEs will complete the online State Registration in this system. The results of State Fire Marshal
Fire Safety Inspections will be documented in this system. MFEs will be able to apply for
municipal permits through this same system if the municipality to which they are applying for a
permit is a current participant in the Viewpoint e-Permitting platform.
4. Can the regulation list all of the Mobile Food Service License Requirements?
The Department requires a Mobile Food Service License from the Rhode Island
Department of Health (“RIDOH”) as a prerequisite for a state MFE. RIDOH determines the
requirements for the issuance of a Mobile Food Service License and has promulgated regulations
setting forth food safety requirements. Any questions regarding food safety and the Mobile Food
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3
Service License (issuance, renewal, inspections) should be directed to RIDOH, Center for Food
Protection.
5. Can the regulation list all of the Fire Safety Permit Requirements?
The Department requires a Fire Safety Permit from the State Fire Marshal as a prerequisite
for the issuance of a state MFE registration. The State Fire Marshal enforces the Fire Code which
is derived from national codes and promulgated by the state Fire Safety Code Board of Appeal and
Review. Any questions regarding fire safety requirements should be directed to the Office of the
State Fire Marshal.
6. Can the regulation restate all of the requirements of the MFE Act, R.I. Gen. Laws
Chapter 5-11.1?
No. The Act authorized the Department to prepare this regulation to set forth specific
procedures relevant to obtaining a state MFE registration. In order to reduce the amount of
regulatory burden, the Regulation is drafted with references to the applicable sections in the MFE
Act. It is preferable not to rewrite the statutes in the draft. Links to both the Act and Regulation
will be available on DBR’s website.
7. Why were there different fire safety requirements in different municipalities?
The Office of the State Fire Marshal enforces the state Fire Code and oversees the
enforcement by all municipalities. There have been no substantive changes to fire code
requirements as they relate to MFEs. However, the existing requirements were previously
inconsistently enforced by municipalities. Now that the inspection of MFEs is centralized with
the Office of the State Fire Marshal, trainings have been conducted for both local fire departments
and for MFE operators. This should lead to more consistent enforcement of existing fire safety
requirements. Moreover, any inspections fees imposed by the Office of the State Fire Marshal, as
noted in § 1.9(C), are pursuant to existing laws that pre-dated the adoption of the MFE Registration
Act.
8. Do caterer van/trucks fall under this regulation?
It depends. Caterer vans/trucks may have to obtain a state MFE registration if they are
selling and serving food directly out of their vehicle. If the vehicle is only use for transporting
food from the commissary to the location of an event, then a state MFE registration may not be
required. Any questions regarding registration should be directed to the Department. Any Mobile
Food Service questions should be directed to RIDOH, Center for Food Protection.
9. Can the Department tell municipalities how they should approve applications for
MFE municipal permits?
No. While the Department encourages all municipalities to consider streamlining the
approval process as they make changes to municipal ordinances in order to comply with the Act
and this regulation, the Department cannot tell municipalities how the approval process should be
handled. Each municipality still retains the right to decide how permit applications are reviewed
and approved, whether it is by council, committee, police chief, etc. 103
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Chapter 174, Peddling and Soliciting
Sec. 174-1. Definitions
TRANSIENT MERCHANT
Any person, firm or corporation, whether as owner, agent, assignee or employee, whether a resident of the Town or not, and whether located in one place or traveling either by foot, wagon, automobile, motor truck or any type of conveyance from place to place, from house to house, from street to street, who is taking or attempting to take orders for, or offering for sale, goods, wares, merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale, or whether or not he is collecting advance payment on such sales. The definition shall include hawkers and peddlers. but shall exclude mobile food establishments, as defined by R.I. Gen. Laws § 5-11.1-3(5).
Chapter [tbd, between 143 (Land Trust) and 152 (Noise)] – Mobile Food Establishments
Sec. x-1. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, or where the definition is inconsistent with Title 5, Chapter 11.1 of the Rhode Island General Laws:
“Downtown” shall be defined as the area bounded by a line starting at East Greenwich Harborand the boundary with the City of Warwick, then extending westerly along such municipal boundary to _____________, then extending southerly along the western edge of ________ Street to southerly most point of the intersection of ________ Street, then extending easterlyalong ____________ to East Greenwich Harbor, and then extending northerly, bounded to the east by East Greenwich Harbor, to the point of origin. (Map to be created.)
"Event permit", as defined by R.I. Gen. Laws § 5-11.1-3(3), means a permit that a city or town issues to the organizer of a public mobile food establishment event located on public property.
“Itinerant mobile food establishment” means a mobile food establishment that temporarily stopsto make sales, for no longer than ten minutes in a single location. This term includes, but is not limited to, ice cream/lemonade trucks and carts.
"Mobile food establishment" or “MFE”, as defined by § 5-11.1-3(8) means a food service operation that is operated from a movable motor-driven or propelled vehicle, portable structure, or watercraft that can change location. Mobile food establishments specifically includes, but is not limited to, food trucks and food carts.
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"Mobile food establishment event", as defined by § 5-11.1-3(6), means an event where an individual has ordered or commissioned the operation of one or more mobile food establishments at a private or public gathering.
“Private event” means an event that is not open to the general public.
“Private property” means property that is not publicly-owned.
“Public event” means an event that is open to the general public, whether or not consideration is paid/donated for admittance.
“Public property” means property that is owned by the Town, including public streets, whether owned by the Town or the State.
"Temporary mass gathering", as defined by § 5-11.1-3(13), (i) Means an actual or reasonably anticipated assembly of five hundred (500) or more people that continues, or reasonably can be expected to continue, for two (2) or more hours per day; or an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. (ii) Includes, but is not limited to, "special events" as defined in the food code regulations promulgated by RIDOH, and festivals and concerts. (iii) Shall not include an assembly of people at a location with permanent facilities designed for that specific assembly.
Sec. x-2. Municipal MFE Permit Required.
No mobile food establishment registered with the Rhode Island Department of Business Regulation pursuant to Title 5, Chapter 11.1 of the Rhode Island General Laws, as amended, and any regulations promulgated thereunder, shall operate in the town without first having obtained a municipal mobile food establishment permit from either the Town Clerk or the Town Council, as specified herein.
Sec. x-3. Restrictions on Municipal MFE Permit.
The qualifications for a municipal mobile food establishment permit shall not exceed the qualifications for a state mobile food establishment registration, as determined by the Rhode Island Department of Business Regulation. The fee for a municipal mobile food establishment permit shall not exceed the maximum fee set by the Rhode Island Department of Business Regulation and established by regulations. The municipal mobile food establishment permit shallexpire on the same day that the state mobile food establishment registration expires. A single municipal mobile food establishment permit shall be required to operate within the town, and additional permits shall not be required for operation on more than one day and/or in more than one location in the same calendar year.
Sec. x-4. Grounds for Denial, Suspension, or Revocation of Municipal MFE Permit.
The town may deny, suspend, or revoke a municipal mobile food establishment permit if the operation of the registrant within the town violates or would violate the town’s land use regulations, zoning, or other ordinances in relation to the operation of a mobile food
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establishment. The holder of a municipal mobile food establishment permit against whom disciplinary action is taken shall notify the Department of Business Regulation in writing and provide documentation of such discipline within three business days of the initiation of such disciplinary action.
Sec. x-5. MFE Permit Types and Conditions.
The following table sets forth the MFE permit types issued by the Town and accompanying conditions/restrictions.
Food truck type/event type
Cap on permits?
Hours of operation
Location Restrictions
Permitting Authority
Itinerant MFE No 8am – 5pm downtown;
8am – sunset elsewhere
8am – 5pm downtown;
8am – sunset elsewhere
Town Clerk
MFE – private event on private property
2x per year per location
8am – midnight None Town Clerk
MFE – private event on public property
No 8am – midnight None Town Council(Applicant or representative must appear)
MFE- public event on private property
No 8am – midnight Not allowed downtown
Town Clerk
MFE – public event on public property
No 8am – midnight None Town Council(Applicant or representative must appear)
MFE – no event, only on public streets, not on other public property
No 8am – sunset Not allowed in residential zoning districts or downtown
Town Clerk
Temporary mass gathering
No To be set by Town Council
None Town Council(Applicant or representative must appear)
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Sec. x-6. Display of Municipal Mobile Food Establishment Permit.
The municipal mobile food establishment permit shall be affixed to the mobile food establishment in a conspicuous place.
Sec. x-7. Compliance with Other Laws and Regulations.
Mobile food establishments shall comply with all applicable statutes, rules, regulations, and policies relating to food safety, and additionally shall comply with the fire safety code, if applicable. Additionally, mobile food establishments shall comply with all Town ordinances, including but not limited to the noise ordinance.
Sec. x-8. Electronic Submission of Permit Applications.
An application for a municipal mobile food establishment permit may be submitted by email or other electronic means.
Sec. x-9. Permit Fees.
The annual fee for a municipal mobile food establishment permit shall be $75. The fee for an event on public property or a temporary mass gathering shall be $300.
Sec. x-10. Permit for events proposed to be located on public property.
For any event where an individual has ordered or commissioned the operation of one or more mobile food establishments at a gathering proposed to be located on public property, the organizer must obtain a separate event permit prior to the event, in addition to the MFE permit and any other permits that may be required. All event permits shall be issued on the condition that the organizer of the event must leave sufficient space for emergency vehicles in compliance with the Rhode Island Fire Safety Code. Applications for an event permit must be received 90 days in advance of the proposed event. Notwithstanding the foregoing, the Town may issue RFP’s and/or solicit bids for exclusive operation of an MFE on non-street public property, including without limitation schools, beaches, and parks.
Sec. x-11 Temporary mass gathering permit.
For any temporary mass gathering located on private property, the organizer must obtain a separate temporary mass gathering permit prior to the event, in addition to the MFE permit and any other permits that may be required. All temporary mass gathering permits shall be issued on the condition that the organizer of the event must leave sufficient space for emergency vehicles in compliance with the Rhode Island Fire Safety Code. Applications for a temporary mass gathering permit must be received 90 days in advance of the proposed event. The Police Chief or his/her designee and the Director of Public Works or his/her designee shall review all applications and provide an advisory recommendation to the Town Council.
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Sec. x-12. Annual review of MFE permits.
No later than November 1 of each year, the Town Clerk and Town Administrator shall present a report to the Town Council detailing MFE permits issued during the previous year.
* * *
This ordinance shall become effective upon passage.
S:\East Greenwich\Ordinances & legislation\Food Trucks\Food Trucks Ord 1-22-20.docx
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230-RICR-30-35-1
TITLE 230 – DEPARTMENT OF BUSINESS REGULATION
CHAPTER 30 – COMMERCIAL LICENSING
SUBCHAPTER 35 – MOBILE FOOD ESTABLISHMENTS
PART 1 – State Registration of Mobile Food Establishments
1.1 Authority
This Part is promulgated pursuant to the authority granted in R.I. Gen. Laws §§ 5-11.1-5, 5-11.1-6, 5-11.1-7, 5-11.1-11, 5-11.1-14.
1.2 Purpose
The purpose of this Part is to establish standards and procedures for the registration of Mobile Food Establishments, and to generally assist the
Department in carrying out the administration and enforcement of State Mobile Food Establishment Registration Act, R.I. Gen. Laws Chapter 5-11.1, so that the
public interest may be effectively served.
1.3 Definitions
A. In addition to the terms defined in R.I. Gen. Laws § 5-11.1-3, for this Part, the
following terms shall have the following meanings:
1. “Act” means the State Mobile Food Establishment Registration Act, R.I.
Gen. Laws § 5-11.1-1 et seq.
2. “Department” means the Department of Business Regulation.
3. “Director” means the Director of the Department of Business Regulation orhis or her designee.
4. “DMV” means the Rhode Island Division of Motor Vehicles.
5. “Fire Marshal” means the Rhode Island Office of the State Fire Marshal.
6. “MFE” means a Mobile Food Establishment, as defined in R.I. Gen. Laws § 5-11.1-3(5).
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7. “Municipal permit” means a Mobile Food Establishment Permit as defined in R.I. Gen. Laws § 5-11.1-3.
8. “Registrant” means the holder of a State Mobile Food Establishment Registration.
9. “RIDOH” means the Rhode Island Department of Health.
10. “State mobile food establishment registration” or “Registration” means a
registration issued by the Department which authorizes a mobile food establishment to operate in the state.
1.4 Registration Requirement
A. In accordance with R.I. Gen. Laws § 5-11.1-4, MFEs are required to register with the Department.
B. There will be an initial grace period for MFEs to register with the Department and for municipalities to comply with the requirements of R.I. Gen. Laws Chapter 5-
11.1 and this Part. During this time, state registration by MFEs will be optional. This grace period will end on December 31, 2019.
1. MFEs: In 2019, MFEs may renew their municipal permits under the old requirements and operate under those municipal permits until December
31, 2019, even after the state registration system is operational with the Department. Starting on January 1, 2020, all MFEs must first obtain
Registration from the Department before being eligible for municipal permits.
2. Municipalities: Starting on July 1, 2019, municipalities must comply with the maximum fees set forth in § 1.11 of this Part and must accept a Fire
Safety Permit from the State Fire Marshal. Municipalities may continue to accept applications under their old requirements during 2019. Starting on
January 1, 2020, all municipalities must comply with all requirements of R.I. Gen. Laws Chapter 5-11.1 and this Part, and have updated all
necessary procedures, applications and ordinances.
C. This registration does not authorize the sale and/or service of alcoholic
beverages.
1.5 Applications for Registration
A. Prior to submitting a MFE application to the Department, Applicants must first
obtain the following, copies of which must be submitted to the Department with the application for registration.
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1. Mobile Food Service License from RIDOH:
a. All Applicants must obtain a Mobile Food Service License from the
Rhode Island Department of Health, Center for Food Protection, keep it current and renew it each year.
b. This requirement applies to out-of-state MFEs as well, even if they possess a similar permit/license from another state.
2. Compliant Fire Safety Inspection Report from the Fire Marshal:
a. All Applicants planning to conduct mobile and temporary cooking
operations in the State of Rhode Island must be inspected annually by the Fire Marshal, obtain a compliant Fire Safety inspection
report, keep it current and renew it each year.
3. Motor Vehicle Registration:
a. All MFE vehicles, including but not limited to trucks, trailers and anyother vehicle that by state law needs to be registered with the DMV
must annually submit a copy of their current motor vehicle registration.
b. Out-of-state applicants must submit a copy of their current motor vehicle registration from the state in which their vehicles are
registered.
c. Any applicant planning to operate a MFE from a watercraft must
submit a copy of their current vessel registration issued by the Rhode Island Department of Environmental Management, Office of
Boating Registration & Licenses. Vessels with out-of-state registration must annually submit a copy of their current vessel
registration from the state in which their vessel is registered.
4. Motor Vehicle Insurance
a. All applicants required to register their vehicle under state law with the DMV must provide proof of motor vehicle insurance.
5. Permit to Make Sales at Retail
a. All operators must obtain and keep current a Permit to Make Sales
at Retail from the Rhode Island Division of Taxation.
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B. Every applicant for MFE registration shall submit a complete application to the Department along with all required documentation set forth in R.I. Gen. Laws § 5-
11.1-5 and § 1.5 of this Part and the applicable fee, which is nonrefundable.
C. Registrations will be issued to each individual MFE. If an Applicant owns multiple
MFEs, each MFE must be separately registered with the Department.
1. Applicants who own multiple MFEs will only be charged for the first five (5)
registrations, up to a total of $250. Once meeting that threshold, subsequent registrations in the same calendar year by that same applicant
will be free.
D. In addition to the information required by R.I. Gen. Laws § 5-11.1-5, the
application must also include:
1. If the applicant is a business entity, all trade names and fictitious names
used by the MFE;
2. The current email address and phone number of the operator of the MFE;
3. A completed taxpayer status affidavit;
4. Address where MFE is located when not operating; and
5. Any identifiable information regarding presence on the internet, including but not limited to website address and social media identifiers for
Facebook, Twitter, and/or Instagram.
E. All application requirements must be maintained and kept current for the duration
of the Registration.
1.6 Registrations
A. Registration cycles beginning in calendar year 2020.
1. In order to synchronize registration cycles:
a. MFEs are encouraged to apply for state MFE registrations from
January 1 to March 31, and to renew in subsequent years during the same time period.
b. All municipalities are encouraged to set their licensing cycles from January 1 to March 31, consistent with state MFE registration.
2. Notwithstanding, the above, initial applications for new state registrations or municipal permits may be accepted at any time of the year.
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B. Issuance of Registration
1. Upon review and finding of the application to be satisfactory, the
Department shall issue a Registration.
C. Incomplete or Deficient Applications
1. If the application is not approved as submitted, the Department shall provide the Applicant with a deficiency notice.
2. If the missing materials are not submitted to the Department within thirty (30) days of the date of the deficiency notice, the application shall be
considered withdrawn.
D. Term of Registration
1. The term of Registration shall be one (1) year from the date on which it was issued.
2. The expiration date of the Registration shall appear on the Registration. It is the obligation of the Registrant to timely renew its Registration.
E. Renewal of Registrations
1. Renewal applications must be received by the Department prior to the
expiration of the MFE Registration.
2. Every MFE registered pursuant to R.I. Gen. Laws Chapter 5-11.1 which
desires to renew its Registration shall apply for the renewal of the Registration upon a form to be furnished by the Department. Any renewal
of a Registration shall be subject to the same provisions and requirementscovering issuance, suspension, and revocation of any Registration as
originally issued.
F. Display of Registrations
1. The Registration must be prominently displayed where it can be seen by the consumer, in close proximity to the point of service.
G. Expired Registrations
1. Applications for the restoration of an expired Registration may be renewed
upon submission of a complete renewal application and payment of a reinstatement fee of seventy-five dollars ($75), in addition to the required
renewal fee.
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2. Any MFE seeking to reinstate a Registration after expiration must affirm byaffidavit that the MFE has not engaged in any unregistered activity since
the expiration of the Registration.
3. If an MFE has engaged in unregistered activity pursuant to R.I. Gen. Laws
§ 5-11.1-11, it may be subject to discipline and denial of its request for reinstatement.
H. Change of Address
1. Written notice shall be given to the Department within fourteen (14) days
of any change in a Registrant’s mailing address, location of MFE when notoperating, email address, phone number, controlling person, or any other
change in contact information reported on the most recent application.
I. Transfer of Registration Prohibited
1. A Registration shall be granted only to the applicant.
2. A Registration is not subject to transfer, sale, assignment or leasing to
another person, MFE or entity without prior application to, and approval from the Department.
3. A change in ownership requires approval from the Department in order to maintain the Registration.
a. The current owner must notify the Department at least fourteen (14)days prior to the sale of the business.
b. The proposed new owner must complete a Registration application and meet all the requirements of R.I. Gen. Laws Chapter 5-11.1
and this Part.
J. Dissolution of MFE
1. When a Registrant dissolves a firm or otherwise ceases operation, the Registrant must notify the Department within three (3) business days of
ceasing operations.
1.7 Out of State MFEs
A. Out of state MFEs must register with the Department prior to operating in Rhode
Island and must submit an application and fee to the Department along with all ofthe required documentation set forth in R.I. Gen. Laws § 5-11.1-5 and § 1.5 of
this Part.
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1. Each MFE operating in Rhode Island must receive approval to operate from RIDOH. RIDOH will not recognize out-of-state food safety permits.
2. Each MFE operating in Rhode Island must receive approval to operate from the Fire Marshal. The Fire Marshal will not accept out-of-state fire
safety permits or compliant inspection reports.
3. Provisional approval may be granted at the discretion of the Department
on a case by case basis if proof is provided that a RIDOH Food Safety inspection and Fire Marshal inspections are scheduled to occur in RI prior
to operation by the MFE.
1.8 Permits
A. Municipal Permits
1. Each municipality must designate a contact person for MFE permits. Thatperson’s name, position, phone number and email address must be
provided to the Department within thirty (30) days of the effective date of this Part. Any change is this designation must be reported to the
Department within five (5) business days.
2. Each municipality must accept applications for Municipal Permits by email
or other electronic means.
3. After receiving a Registration from the Department, each MFE must then
apply for a business permit to operate in each individual municipality they wish to conduct business in and, if required by the municipality, pay a
permit fee, as set by the municipality, of not more than the maximum fee set forth in § 1.11(B) of this Part.
4. Municipalities must comply with R.I. Gen. Laws § 5-11.1-7 when issuing permits to MFEs. However, municipalities may:
a. Regulate different types of MFEs according to the length of time they stop at any given location;
b. Include limitations in permits related to location, hours of operation and noise; and
c. Issue short-term permits for events.
5. When operating in each municipal jurisdiction, the applicable business
permit issued by each municipality must be prominently displayed where itcan be seen by the consumer, in close proximity to the point of service.
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6. Any person or entity desiring to hold a MFE event within a municipality must obtain an Event Permit/Temporary Mass Gathering Permit from the
municipality prior to holding the event and pay a fee of not more than the maximum fee set forth in § 1.11(B) of this Part. Any use of municipal
property other than a street may also require specific approval from the municipality.
B. Special Use Permits for Use of State-Owned Property
1. This Registration does not grant permission for any person or entity to
hold an event on state property. Any person or entity desiring to hold a MFE Event on state owned property must first obtain permission from the
state agency or authority possessing jurisdiction over the property where the event would be located and pay all applicable fees.
C. Event and Temporary Mass Gathering Permits
1. The issuer of any Event or Temporary Mass Gatherings Permits must
require the organizer/sponsor of the event to leave space large enough to allow access for fire trucks and/or rescues to quickly reach all food trucks
in the case of an emergency or accident in compliance with the Rhode Island Fire Safety Code, 450-RICR-00-00-1 through 10.
1.9 Fire Safety Requirements
A. MFEs are required to have a compliant fire safety inspection report from the Fire Marshal to operate in this state and qualify for a Registration.
B. Fire Safety inspections will be performed by the Fire Marshal.
1. Annual renewal inspections will only be conducted by appointment.
2. Request for an inspection must be made at least seven (7) business days in advance.
C. If a fire safety violation is found at the time of the inspection, a fee of one hundred dollars ($100) will be charged by the Fire Marshal. If no violations are
found, no fee will be charged in accordance with R.I. Gen. Laws § 23-28.2-27.
D. A Fire Safety Permit is required if the MFE is equipped with any of the following:
1. A gasoline, diesel or electric generator,
2. Propane or compressed natural gas,
3. Commercial cooking equipment, and/or96116
4. A fire suppression system.
E. First-time applicants for Fire Safety Permit under R.I. Gen. Laws Chapter 5-11.1
must submit structural and operating plans to the Office of the Fire Marshal for review and approval. Upon approval, an inspection will be scheduled.
1.10 Reporting Foodborne Illness to RIDOH
An MFE shall immediately discontinue operations and notify RIDOH if an imminent health hazard exists in accordance with § 8-404.11 of the FDA Food
Code (2013).
1.11 Fees and Charges
A. MFE Registration fees are payable to the “General Treasurer, State of Rhode
Island” and are non-refundable.
B. Fees:
Initial Registration Fee $ 50
Renewal Registration Fee $ 50
Maximum fee for single owner of multiple MFEs in any calendar year
$ 250
Reinstatement Fee for Late Renewal $ 75
Maximum Annual Municipal Permit
Fee
$ 75
Maximum Municipal Event/Temporary
Mass Gather Permit Fee paid by Organizer of Event
$ 300
Certificate of Good Standing Fee $ 25
1.12 Enforcement Actions
A. Complaints. The Department shall have authority to investigate all complaints
against MFEs for violations of R.I. Gen. Laws Chapter 5-11.1 or this Part. In furtherance thereof, the Department shall notify the MFE in writing or by email of
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the Department's receipt of a complaint, enclosing a copy thereof. The MFE shallwithin twenty (20) days from the date of the Department's notice, file with the
Department a written response to the complaint. The Department shall review theresponse and submit a copy thereof to the complainant for further response, if
necessary. Upon receipt of all responses, the Department will then evaluate the complaint and responses thereto and the matter will be handled in compliance
with the Department's applicable procedures and regulations for such matters. The Department may, upon its own motion, with or without a complaint, notice a
hearing for the purposes of further investigating whether to sanction a Registrant or other person or entity
B. All hearings and enforcement actions shall be conducted in accordance with the
Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq., and the
Department’s Rules of Procedure for Administrative Hearings, Part 10-00-2 of this Title.
C. It is sufficient cause for denial, suspension or revocation of an MFE Registration if an owner, controlling person, principal or employee of an MFE has been found
by the Department to be responsible for any act or omission that would be cause for denying, suspending, or revoking a Registration.
D. The issuance, renewal, suspension, denial or any other disciplinary action taken against the holder of a municipal permit will be handled according to procedures
set forth by each municipality and will not be subject to appeal to the Department.
1.13 Penalties for Violations
Any MFE who fails to comply with the provisions of this Part or the provisions of
R.I. Gen. Laws Chapter 5-11.1, may be subject to a civil penalty not to exceed two thousand dollars ($2,000) for each offense.
1.14 Reporting of Disciplinary Actions/Permit Suspensions
A. Any Registrant whose mobile food service license or fire safety permit is denied, suspended or revoked must notify the Department in writing of such action within
one (1) business day of the denial, suspension or revocation.
B. Any Registrant whose municipal mobile food establishment permit is disciplined
by any municipal authority in this state shall notify the Department in writing and provide documentation of such discipline within three (3) business days of the
initiation of such disciplinary action.
C. Any Registrant whose out-of-state municipal, county or state level
permit/registration to operate is disciplined shall notify the Department in writing
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and provide documentation of such discipline within three (3) business days of the initiation of such disciplinary action.
1.15 Municipality Reporting Requirement
A. Each municipality issuing permits pursuant to R.I. Gen. Laws Chapter 5-11.1 andthis Part shall annually, on or before the first day in December, and at any other
times required by the Department, make a report to the Department that includesthe following information:
1. The number of permits granted by them during the last calendar year;
2. Information on all permit holders including names and addresses of the
permit holders, a description of the type of MFE (food truck, food cart, ice cream/lemonade truck or cart, etc.), and the amount of money paid for
permits;
3. A list of all fees charged for any permits; and
4. Any other information required by the Department.
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230-RICR-30-35-1
TITLE 230 - DEPARTMENT OF BUSINESS REGULATION (INCLUDES
THE OFFICE OF THE HEALTH INSURANCE COMMISSIONER)CHAPTER 30 - COMMERCIAL LICENSING
SUBCHAPTER 35 - MOBILE FOOD ESTABLISHMENTS
PART 1 - STATE REGISTRATION OF MOBILE FOOD ESTABLISHMENTS
Type of Filing: Adoption
Agency Signature
_______________________________________________________________
Agency Head Signature Agency Signing Date
Department of State
____________________________
Regulation Effective Date
__________________________________________________________________
Department of State Initials Department of State Date
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