Town Council - Regular Meeting

Wait a minute. Nusmafield Town Council meeting March 2nd, 2026. Madam Clerk, can you sat us with a prayer and the pledge, please?

Madam clerk, real quick, um could we just ask that we keep the uh take an additional moment, keep the victims of the shooting that happened two weeks ago at Lynch Arena in our prayers, a lot of victims involved, a lot of heroes involved, and we just keep everybody in our in our prayers. Maybe take an extra couple of couple of seconds for that. Thank you.

Thank you for bringing us together today in a spirit of generosity. May we honor one another by keeping an open mind. May we voice our truth and listen with an open heart. May we discern your will to unite in a fruitful outcome. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Roll, please.

Mr. Burgod here. Mr. Christopharo here. Mrs. O'Hara present. Mr. Pentrech. Miss Al here. The next agenda item. We're going to move that to a future date um on the agenda. Executive session close session discussion by council vote to other action pursuant to Rhode Island general law 42-46-5A2 sessions pertaining to collective bargaining or litigation or work sessions pertaining to collective bargaining or litigation one potential litigation. Anyone make a motion to go into executive session? Madam President, I'll make a motion that we move into executive session. Second. We have a motion and a second. Any further discussion? Roll call, please. Mr. Burgot?

Yes. Mr. Christopharo? Yes. Mrs. O'Hara? Yes. Miss Al. Yes.

I just need to

That's the original. Tammy Al. Yes. Madam President, I'd like to make a motion to come out of executive session. Uh indicate that no votes were taken and seal the minutes. Second. We have a motion to second. Any further discussion? Roll call, please. Mr. Burgot, yes. Mr. Christopharo, yes. Mrs. O'Hara, yes. Miss, yes. So, over the past three months, we've heard a lot of information uh from concerned citizens. We got I'm sorry. We got to open um Sorry. Oh, I'm sorry. That's okay.

All right. We're going to go to old business discussion by council vote other action on consideration of evidence regarding possible revocation of junkyard license for HT Auto LLC, DBA Leo's Auto located at 955 Iron Mine Hill Road. Go ahead. Sorry.

Okay. I'm sorry. So, uh, so all I'm saying is over the past three months, we've heard a lot of concerns from the neighbors and residents of Vine Mine Hill Road and all legitimate concerns. Uh, I I sympathize with you. I wouldn't want to be in that position. Unfortunately, as the uh solicitor stated at last meeting was we have to stay focused. So we have to have in a sense we have to have blinders on and we can only base our decision tonight on the complaint that was made by the building inspector that came before us. All the other stuff although legitimate has to be brought up maybe at another time. It doesn't mean that the building inspector cannot investigate those complaints. It just means that those complaints are not what's brought before us. So the decision that we make tonight is going to be based solely on what was brought before us by the building inspector. That's just the way it has to go. Otherwise, it's not going to uh we just can't take in every all the information. Although if he like I said, he is more than welcome to file other complaints based on testimony that was we heard over the past three months. But right now tonight, we got to make our decision based on just the two issues that were brought before the town council. So having said that,

are we able to hear from Leo to determine the status?

Leo, can you please advise how much of the fence is done? Is it is it complete? Can you give us a little bit more information on that? Well, given the storms I'm sorry, you have to speak up. He he wasn't able to get around the whole yard with the storms we've had. So, so how much of it is completed? He's still around probably 30%. 30% completed. Yeah, only 30% completed. I thought last time you said he was around the the whole acreage. Thought he said 90 before, which I threw that out and he had agreed with that. Okay. Yeah, I thought you said 90% last time. Okay. So, now he's only 30% done with the fence.

Well, he's he's moving towards compliance, but I mean, yes or no? 30 30%. Yeah. Of the whole 4 and 1/2 acres. Yeah. Mhm. Well, based on that though, what you're saying, the whole four and a half acres, but technically speaking, not the whole 4 and a half acres has to be fenced. So, just the areas that have to be fenced, for instance, the areas where there's wetlands, where there's woods behind it, those don't have to be fenced. So of that, taking that into consideration, would you say it's still he's very close. Okay, that's different. Okay. Yeah. What's the estimated time you think?

I I can't see him getting it done with the weather we're having until the weather breaks because you can't dig holes in the frost. And so he would need probably a couple of months. Okay. All right. Thank you. And it's also our understanding that there's that there's um where DEM they they require DEM sort intervention in order to determine where they can put this fence. The areas where he's approaching with the fence now are wetlands. Okay. So he would need their approvals and does dem have a timeline when they can assess they haven't given me back anything. Okay. All right.

So it's contingent upon dem providing them an understanding as to where they can put the fence. Yes. Okay. All right. Thank you.

So, based on the testimony that we heard from everybody and the and the building inspector saying that he believes that he's on his way to compliance, I'm going to make a motion to grant the license with the condition that the fence is completed by May 1st. And if it's not completed by May 1st, the building official will bring him before the town council and will have a show cause hearing uh as vi for a violation. Uh he is to complete the fence to the satisfaction of the building official and the town council and the first a strict compliance with the license under 204.5. Once again, the fence has to be completed by 51 or the building official will file a show cause hearing. Does anybody want to add to that or

It's a motion. It's a motion. Anyone like to second? Second. We have a motion and a second. Any further discuss? Supposed to be a map. Excuse me. Excuse me. What happened to the map? Excuse me. We have a motion in a second. Any further discussion? Roll call. Mr. Burgon. Yes. Mr. Christopharo. Yes, Mrs. O'Hara. Miss Al. Yes.

All right. Um, open forum pursuant to 42-46-60d maximum 3 minutes per person. Anybody want to sign up for

anyone else want to sign up? Kevin Carrier,

if you can just state your name and address, please. Uh Kevin Carrier, 118 Elizabeth Avenue, North Smithfield. Thank you. You have three minutes. Go ahead.

Thank you. Uh good evening, everyone. I want to first congratulate the council on passing the bond vote. However, I hope the council recognizes that regardless of how residents voted, there was a common refrain. Poor communication, poor clarity, and poor addressing of legitimate concerns. I think communication problems are endemic to this council. And that's what I'm here to speak to. When my nephew says mean things to his sibling, the conversation typically goes as follows. Noah, what do you say? Sorry. Sorry for what? I'm sorry I said those things. Noah is eight. Why are our elected leaders worse at communicating than my 8-year-old nephew? I had written a letter to the editor after continuing to observe that individuals elected to represent our town would go to social media and belittle our neighbors, argue about things that were not under discussion, and were dismissive of legitimate concerns presented by the good people of North Smithfield. All I was asking for was the communication norms of an 8-year-old. Be kind. Apologize when you're wrong. Be better next time. 6 hours after my letter was published, Councilman Bureugard had responded. Did he apologize? No. Instead, he doubled down, calling my concerns a debate, a culture war, and a personal attack. Let me be clear. When you go to a Facebook page titled Northfield and you speak about a bond vote, you are representing yourself as a member of this council. When you make comments, you represent the town. Those are our votes that are represented. When you write comments, those are our votes being embarrassed. 4 hours later, Councilman Bureard was went back to commenting, asking if this is how I communicate with my students. We are no strangers to this approach when two years ago, Councilman Bureugard called the commanding officer of a resident in the Air National Guard because a resident was disagreeing with him on a public forum. This is intimidation by a public official. It is an attempt at stifling

communication. It is silencing disscent. It is not listening. Councilman, you asked how I speak to my students. I'm glad you asked. When a student comes to me with a concern in my class, the first thing I do is I listen to them. I do not argue with them. I do not claim their concerns are a personal attack against me. I listen. And when I'm done listening, once the student has expressed their concerns, I say this, okay, and what can I do to help? Maybe they are confused. I want to clarify. Maybe they don't understand. I want to give more information. Maybe they disagree. I want to find a path to a shared respect of our perspectives and a commitment to continued dialogue. If you are unwilling to listen, unwilling to reflect, unwilling to receive criticism, then you should be unwilling to serve this town. Thank you.

Well, hold on. Don't go away. Don't go away. I can end my comments. Okay. But I'm going to have to I'm going to respond to that. I stand by anything I've ever said on social media in public or whatever it is. If especially but if it's kept in context if everything is remains in context, I stand behind it. You're pulling little words. You're pulling little sentences out of complete phrases out of complete debates and you and you're using it as an example of bad behavior. I stand behind whatever I said to anybody anytime, anywhere. And I and you that you got my word on that. But it's got to be put in con in the proper context. So you're up here making accusations. You don't even know what you're talking about. Good job, though. Are you a member of the Northfield Democratic Town Committee? This open forum or

Oh, are you are you a member? Because it seems to be Excuse me. No, John. Mike. Three minutes, please. Yeah, I'll try. Mike Clifford, 489 Black Flame Road. I don't know what with what the status is with the elevator versus the sallyport at the at the um police complex, but I thought I heard it mentioned the other night at the budget committee that the elevator has been eliminated. Is that accurate? I believe that's what we've been talking about. Yes, we're on

then. If it hasn't already been decided, I'd like to put a couple of plugs in for the elevator. Um we had had several architects working on this project. First one was RGB. He included an elevator. Second one was um a studio major included in elevator. Third one was Tecton included an elevator. That's always been a priority. And when you sold this on the it needed an elevator, it was because of the access that was that needed to be be carefully escorting the prisoners from the basement level to the first floor when they go to the municipal court and all these other things. Also, he gave us concerns about handicapped accessessible. And I I know I heard a comment made that oh well we can get a variance from the handicapped assessible but that's not what you did when that's no nowhere has that been happening. Nowhere did anybody say that up until recently. And if if you sold this thing on bringing everything up to standards because that was what was what was asked for to develop a building that had everything up to standards. I don't think you know skirting the um ADA laws is the appropriate way to take And I I question why you would want I guess we've already made a decision that you'll never be hiring a handicapped person to work in the station because of the con convoluted option that they have of going into two different exits. Not even a clear's path. If you look at the reports from all the consultants, they all said got to have an elevator because the the corridors are are configured strangely and the uh axis is very limited. They even have a whole picture of the ramp in the lower level in the gym area where the gym's going to be marking it because of the the layout of it. So, you know, um I just here I guess I'm here to advocate that we really need that and you could easily cut that sally port in half and do a two just the first one bay two

cars. the city of Providence, which arrests about 2,000 people a month. I'm sorry, a year, six months. In six months, their last record, I think the record showed they had 2,000 arrests. They have a sallyport in the lower level of the building and it can accommodate two cars. Two, that's it. And I called down there today and said, "Can you just tell me, have you ever seen a difficult problem with that? Was it ever back backed up, you know, big time or anything like and he said, "No, it flows rather nicely. Sometimes once in a while somebody has to wait to get into the to the area, but it's runs smoothly." Okay. Can we finish up?

Okay. So, I'm just putting a plug in. I'm saying I'd like to know when that decision was made that you eliminating it or you're doing it now tonight, I guess. But I'd like to just say once again, you need to represent the handicap people. You need to follow through with what you said you were going to do. You were going to give a building compliant with the building codes. And now the first time you have you're casting aside the access to the handicap disability list. Thank you. So we're going to move up. Um see discussion by council vote on other action on status/progress report items. NOSA field police station renovations, environmental consultants and contractors, ECC and project funding. So we have um bond council right. Hi did you want to come up?

Huh? I can't hear you. Oh okay. Hi. How are you? Good. How are you? Good. Thanks for coming.

I My name is Ellen Corno. I'm a partner at Savage Law Partners in Providence and I think last time I mentioned that I've been representing the town as bond council starting somewhere in 1992 maybe. So, it's been a while. Um I don't have I don't necessarily have a presentation here, but I think we're going to what we're going to be talking about is uh the uh next steps and the you know how the project how the funding is going to um is going to uh be accomplished in the next, you know, when you when you need your money and how we can back into a schedule or something like that. Just to give you guys a a feel for how the bond the bond financing is going. Um, I'm here, your bond counselor, your uh your uh financial adviser is here, Steve Maseroni from PFM, and I guess you do have some uh project uh some uh building type uh consultants here as well. So, um Mr. Gibbs, I don't know what what you want what we want to start with here. I I would think um that the direction was that the consultants the contractor ECC were going to come back and focus on what is the GMP.

That statement then drives the subsequent conversation in terms of the capital stack of this project versus handle cash. Okay. So I think so I I think that the most appropriate step at this point is to have ECC come in and and and talk about the GMP. Okay. All right. Should they do it next? We can do it. Yeah. You want to do it now? Um I was not prepared to present it.

Okay. in in your package is a document that I prepared for you that is based on uh discussions between the administration and ECC. Um included in that is the GMP uh breakdown that was prepared by ECC and Parasol. So effectively what the document does is it tells you what are the total construction costs. Then it goes through what were the various alts that were discussed and which have been previously discussed by this council including the elevator. And then going into what is the money that we currently have available for this project. And then it comes down to what is the net cost outstanding which would then be funded by bond and cash. So with the total construction cost, which I think represents by ECC the GMP, we're looking at a a project of 11,649,874. That includes uh hard soft cost, an owner's contingency of $425,000, and also the um the dispatch console um which has been separated out. Then from there we identified a ver a variety of um value engineering uh deducts. Those deducts which are outlined in the memorandum dated March 2nd totals 1,3,500. Then if you go further, it identifies what is the current funds that we have in place excluding the um the approved excuse me the approved bond that is totaling 1,57,86

and at the request of uh the council president I identified as footnotes below that where all those monies are which are hard and which are not yet committed. The only one that's not committed, while it has been approved, uh that is the $500,000 grant uh from uh Congressman Amo's office for the uh dispatch console. Uh that will not be officially approved until uh the US budget is passed. When the US budget is passed, then all the earmarks then go through various channels. This will probably go through the Department of Justice. Do we have this in a dig digital version? Well, I can get you in digital version

only because I feel like this is valuable information to share with the public. Well, in my conversations with uh the council president, we were not going to ask for a definitive uh position tonight from the council because the budget committee uh is going through this now and they want to do a pine in. So, they will be here at the next council meeting. So, we just wanted to discuss the project, tee up the issues, and then circle back at the next council meeting where the budget committee will come in. You can make some final decisions. Okay. But I will also send out digital versions of this to everybody. Yeah, I think it will be helpful to just show it.

We'll also post what we'll also post these on the website. Okay.

Okay. So, everyone can see it. Um so what what we came up with was a total construction cost net of capital uh net of capital sources of 9 million139,288 and then what I did is I presented uh various um bond levels coupons of 9,8.58 7.57 6.5 and six. So, if you follow those all the way down to the bottom, it tells you what the total cost over the 20-year bond period, those would amount to. Um, and what I also did as part of the the analysis, I put in what would be the offset with the arbitrage. And what that means is right now we're projecting a bond uh coupon rate of 3.950. um our current uh earnings on uh our um excess funds is about 3.5. So there's an arbitrage between the two. So for example, if you use 100% of the bond to fund a project, then obviously the 100% is the 3.95 interest rate. If you use less bond and more cash, then the amount of cash that you're taking out of the account to put in is lost income. So you have to factor them all in to get a more balanced approach. So there's a there's a row here that says arbitrage. That's just an an adjustment of the final number. So if you go to the the bottom line, it basically tells you what are the total financial costs from the full 9% down to the 6%. Mhm.

Um and then the last thing I did and and in the package is documentation supporting all this stuff. Um we then looked at the issue of the um reserves um and looked at where we are and where uh we would be under various scenarios. Now, right now, um, if you if you look at our audit, we have a unassigned fund balance of 7,931,000. That unassigned fund balance basically accounts for previous actions by the council to set aside $4 million for the public safety complex. So, we kind of pull that out to say we're at 7.9 million. Actually, if you follow the auditor general's advice, that's still considered um a unrestricted fund balance, but from the standpoint of our audit, we show it at 7.9. So, we take a look at that given the various um percentages of our annual expenses, 12%, 13, 14, 15, 16, and 17. Why did we put 17 in there? Because the auditor general's advice is we should have a 17% or two months of reserves, unrestricted reserves. In your package is documentation from the auditor general's office that states that our ordinance calls for a minimum of 12% a maximum of 16%. Which actually conflicts with the auditor general which is 17%. Regardless, we're not giving you opinions. We're just putting the data in and see where we stand relative to those various reserve requirements. So the purpose of this document is to basically give you information to help educate on all the factors about uh financing of this project so that at the next council meeting you'll have the opportunity to

go through this talk to the budget committee and make a final determination. Just a clarifying question on the value engineering values that were deducted. Mhm. Did the chief weigh in on those? Yes. Okay. So, the chief was comfortable with potentially removing HVAC, roofing, metal panels, that table. Yes. Okay. And then we have eliminating the elevator which Mr. Clifford was referring to at 850,000 which has been in the conversation for several meetings now and it's been determination determination by our auditor not auditors or um architect is that we are in compliance of ADA. We're not asking for relief from ADA. We have two different handicap accessible options to get into the building.

Okay. Thank you. Answer any questions. I was just wasn't prepared to present, but I was here to answer questions because I did. Okay. So, do you mind come going up and just kind of giving us an explanation of these um reductions? Yeah, you can have mine. You can use Oh, here I'll give it to you. Hello. Um, what do you have any specific questions? Can you state your name and your way?

Yes. Uh, in Ganox, ECC, project executive. Can you just kind of give a brief um overview on these items that have been eliminated just so we kind of have a better understanding why they're coming out? So, they have not yet been eliminated. They're on the list that we're looking at and to get us to the target budget. Um the elevator has been uh looked at and uh the architect had sent a memo stating that we did a review stating that it is not needed for compliance with ADA. The building is fully compliant with accessibility. Um the additional items that have been presented um a few of them have been also presented at the last uh meeting I understand on 122 um and then also like some of these are not necessarily being completely removed but we're looking at them and evaluating them and when um the construction manager goes out to bid and actually procures each subcontractor these These are the items we're looking at to save on and not to um and just make a decision because right now the GMP is based on estimates and it's based on estimates from um real estimates but it has not been put out to bid yet and actually um procured for each subcontractors. So when we receive the bids and that's why we have the construction manager because we can evaluate them and if we have savings we can include some of those things. If we don't have savings then we look at the list of these items

to potentially eliminate. So this these are potential eliminations to get us to budget. So we're not saying we're going to eliminate HVAC. We're not going to do any heating or air. It's just that we feel we think that we can save around 30,000 in cost.

Correct. So um I would say that for example the HVAC it's not necessarily well first of all it's a building we're renovating HVAC does not cost 30,000 just it's a lot more than that so these are savings in the systems that we can get so that would be like the actual equipment we found uh we're looking at the architect is looking at different types of equipment like a manufacturer that may uh potentially give us savings so the equipment will be priced and we I think we will get roughly $30,000 savings, but the all equipment that will be specified is compliant and it is certified and it it has the proper insuranceances and warranties. So, that is not being um sacrificed for this. Same goes with roofing. We're not eliminating roofing. We're eliminating a roofing um construction like a a specific item that might help us save a little bit of money and that's very small. Uh metal panels, same thing. So it's not necessarily

we just did the roof. H we just did the roof, brand new roof, right? So there's still some aspects of it that we may need to do. So this is where we're looking at what it is. So, okay. So, the total construction costs adjusted for the VE are around 10 million. Let's say 10,700,000. But that's not with a definitive. Those aren't with definitive bids yet. Correct. So, it could go up, it could go down.

It's we're not looking for it to go up. That is why we're doing this exercise because we have a target GMP. So, we're working with the number that we have to hit. But within the fluctuations, within the the uh trade costs themselves, we find savings somewhere. We find ads somewhere. And then these are the items we're looking at to help us to hit that target GMP. Okay. And the target

councilwoman, I just so I could add clarification on that. These numbers aren't numbers that are just pulled out of the air by an architect. These are numbers where the contractor has been working with individual subs. So these are hard numbers that they've actually been getting. So we just need to go back and make sure that those hard numbers are confirmed with all the value engineering, but it's not they're hard numbers, which is one of the basis when we first selected Parasol from all the other firms is how many of the subs did you talk to as part of the original proposal? Okay. So we're saying that 107 is pretty much our hard cost. Okay. No car.

No, no, I'm just saying like definitive like the So part of this exercise and that's why I I was caught off guard. I thought we're presenting the GMP the actual breakdown. So final cost. So I I was not prepared for that. But we are going and in the next the next level to this now we know the target GMP and once we finish evaluating and uh confirming all these numbers will come in and present each line item lay line item and are we still looking at um any kind of grants or funding as we go through the project? Absolutely. We keep on Are you doing that or is our grant writer are we doing it combined? We're doing it together.

Okay. So, is it safe to say that some of the savings in HVAC is because of some of these Rhode Island energy incentives or is that above and beyond? That is above and beyond. Okay. Um, you have a savings of $15,000 with paving, right? Yes. It's like paving a walkway. I mean, I would think paving the the whole place would be like over $100,000. I don't have a detail on this, unfortunately. Um but we can come back with an answer because we don't have the savings actually reflected a change in the pavement depth from 4 in to 3 in. Okay. Thank you. Yeah. Okay. Thanks. Okay.

Does anyone have any other questions for Ingo? I don't. But this was very helpful. Yeah. Thank you. Thank you. And I'm glad that the budget committee will be here next meeting to also Are they coming or are they just sending their opinion or do you know? I don't know yet. I'm sorry. I don't know yet. Um I sent the um the information over to the chairman of the budget committee. Unfortunately, I only sent the memorandum and the uh the breakdown of the budget from ECC. Um, I'm going to actually get a hard copy of the entire package that you have in front of you and I'll make sure they all have that. I think they plan on attending the meeting. Okay, great. Perfect. Okay,

something to note that the GMP that we're targeting still has contingency within the GMP just to remind you of that. And then there is an addition contingency that you see here. So, there are still contingencies in place. So, we're not we're not deleting that or that is not being there. Okay. And we also put in we also God I hate this thing. Can you use the other one? Just take the little pillow thing off. Yeah, take the thing off. The top off. Doesn't have one on. No, take it off that one and put it on. There you go.

We don't um we also are putting in a projection on the um hazmat remediation. So we put in a total number there. Hopefully we can manage that m number uh on a lower basis so we have some some wiggle rooms but they uh in the soft cost budget there's an item in there to prepare a remediation plan uh that has to be approved by the state and that will pretty much define exactly what remediation we're going to do on the building because as we had told we found out that a lot of the the wall boards are also hot. So, we need to remediate those. If not, every time we drill a hole through one of those walls, we're going to have to protect uh from the air.

Okay. Anyone have any other questions for Ingo? Mr. Maserone, do you mind coming up for a minute? Thank you. Thank you. Thank you so much.

Thanks. How are you? Good. Thank you, Steve Maseroni from PFM Financial Advisors. Thank you for coming tonight. Um, so I know you've been here many times and you've given the same numbers over and over again. Um, but now with what the administrator is talking about with the Rhode Island General is saying 17% is what they recommend. So, can you kind of speak on that because we've been saying that we can take up to this amount of money and now that kind of changes. So could you just kind of speak to this policy and

so the question of fund balances there's various ways to calculate what's the appropriate fund balance um the GFO has some standards the Rhode Island um audit general has standards as well thank you um there's industry standards by the rating agencies when I come before you what I have talked about over the past two years is you know what's the impact on your rating with Moody's if you take reserves not they don't care about your fund balance policy. While they do, they have metrics where they compare you to other peers. They compare you to to medians. And you may recall I ran scorecards over the past two years, which are the Moody scorecards, which show if you do draw on your reserves, what could be the impact. So you may recall, I guess maybe the last meeting or two meetings ago, you know, the number was a couple million dollars. The question was asked, what could we take from our fund balance to not impact our rating? And I believe the answer was about $2 million. However, I agreed with the town manager. I wouldn't recommend you take $2 million out of the fund balance for this project for several reasons. Um, and I stated those I believe at that November meeting, but the question of could you withstand your rating if you took 2 million, the answer is you probably could. So um the if you look at the medians for Moody's across the country um the median for fund balance levels are probably in the 30 to 40% range. Um and I think I explained it the last meeting that in New England reserves tend to be a little bit lower because we have robust tax bases where you're able to raise revenue if you have to. Whereas there's other parts of the country where they don't have large tax bases in the Midwest where they rely on sales tax now property tax where heavily property tax. So if you look at the median for Moody's, it's probably in the 30 or 40%. In New England, I would say it's in the 15 to 20% range. So I think if you're in that 15 to 20% range, you're in a safe spot. And again, when we did the analysis of the 24 financial

statements, you know, that number was about 2 million if I recall. And can you just remind us again why what was your reasoning for not to use two million out of

Um yeah, a few reasons. Um uh number one, it's a long-term asset and generally you don't take cash to fund a long-term asset. The use for life for this police station is probably going to be 40 years. Um the other thing is you have a significant decline in debt service in two years from now. That frees up a ton of capacity issue debt. Your debt burden's low. The school bonds go away in a few years. You have another bond that goes away in a couple years. So your debt capacity is not you're not leveraged at all. Um interest rates are decent. you know, they they're a little bit below 4% for 20 years. It's a a decent interest rate as the town manager pointed out. You know, the alternative is if you pull 2 million out of out of your fund balance, that's now not earning the three and a half% that you're getting on your general fund money. So, I think the the fact of the matter is you have a very good debt profile um where you have some capacity to issue debt. Um so, that's why I would avoid um taking fund balance to fund the project. fund balance is for rainy days. It's not for capital projects. And um again, it's a long-term asset. So that's why I would lean towards not taking too much from the fund balance.

Anybody have any questions? No. Thank you for articulating that. You're welcome. Thank you. Appreciate it.

You're welcome. Steve's gonna correct Steve's going to correct me if I'm if I'm incorrect here, but but your fund balance is actually you can invest that at any rate because there's no restrictions on the rate. Yes, you're you're you're limited by the rate that you can get for it, but I think very recently some funds were earning four. So if rates do go up, that fund balance can be can be invested at 4% 5%. that's not the case for your for your bond proceeds. So to take it from fund balance and not issue the bonds, you're better off keeping it in fund balance because then you're not restricted for the amount of money you are. But in some cases, depending upon, you know, arbitrage for you to be able to keep any money you earn in excess of the bond yield, whatever yield you've got on the bonds, you've got to hit certain spending targets. And if you don't hit them, you can earn it. You can't necessarily keep that. You'd have to rebate it to the federal government. So see that is that right? Okay.

Just making sure. So I mean it's much better to keep your unrestricted money available to you to invest at whatever rates you can get. So So now that the bond has been approved, so what what is how do we go forward? Like what's the timeline or what?

Um I I would say you listen to what I'm hearing tonight. I would say you wouldn't want to do a lot of major work on it until you're actually set for how much you're going to borrow. We don't want to we don't want to do that. Um and at that point once you're set once you once you you know have a good idea a good a good feeling for what you're actually going to want to borrow and need to borrow based on the bids that come in or or you know what the GMP is going to be. Um you know right before that that's when you that's when we start getting getting together. I think it's a probably a three-month process um from start to finish. Um I think uh the financial advisor, Steve, is probably recommending a competitive sale.

Um so what we would do is you we we get together with the town. The town would have to prepare a disclosure document. Um

and you know the the working group is basically me, Steve, um town officials, uh finance director, town town administrator, um solicitor to some respects and um we go in, we develop a disclosure document that would actually go to uh bond investors and they would they would bid on your bonds. Um, and then, uh, closing documents would be prepared in response to that with the pricing information and things go back and forth and and we get a it's about a three-month process, but it's be a small working group

uh, working on that. Um, but, uh, I guess there's nothing more. I can't give you anything definitive because I think it's going to be a competitive sale, but we will

Ellen's correct. It's about a three-month process and um it'll be a competitive process. But what I want to note is one of the big big heavy lifts for the administrator and the finance director is talking to Moody's. It's we've been talking about Moody's Moody scorecard. But now is the time while you have an underlying rating on your bonds for Moody's because you have bonds that trade in the secondary market. When we go for this new issue is when we have the meeting with Moody's to secure the rating on these bonds. So, at that point, you'll get a a report from them that um and we'll have to provide to Moody's the plan of finance and they'll you'll get a actual rating report. Your rating will get affirmed, hopefully affirmed, upgraded, downgraded. There's three outcomes when you talk to the rating agencies and it's based on historical information as well as projections for the coming year or two. Eningga, I I have a question based on some of what was uh presented. So given that we shouldn't start any major work until we have a definitive understanding of how much of the bond we want to use, when is like the drop deadad date that you need a final number,

a final number on the total budget? well in a final number like a final decision like we're going to use x amount of bond so that you can then start to work towards our deadline. So we are hoping to start construction uh sometimes at the end of April. Okay. Um we did provide a cash flow projection like a draw schedule um that to to Mr. Gibbs. Um, that basically helps to see how much money you need immediately in each month going forward. So I I don't know that might help to understand what your immediate needs are.

So you don't need all the money up front, right? You just need the money that we will be um procuring like accumulate accumulating and encumbering at the moment. Okay. Um, so that might help understanding when the decision can be made. Um, but we're hoping to start procuring and finalizing the GMP right now so that we can start the construction in April. Um, um,

council president, if I could just ask a question to the bond council. Um, given that the bond has been approved by the voters, it's my understanding that we still have the ability, if we so choose, to take money out of our reserves to fund and to get reimbursed by the bond,

right? So, I think I think these two things can be independent. So, I think they need to go as fast as they can with the bids, getting the bids out and getting, you know, responses back so that you can actually have but but whether or not you're going to take your money out of fun any money out of fund balance, 2 million, 1 million, whatever, you end up no million, which probably is advisable, but um uh whether you do that, that doesn't have to be determined at this point. It h it need that will need to be determined though before we start to market the bonds, right? But I don't think with with what I'm hearing about your fund balance or without that you you have to actually do bond anticipation notes or temporary financing beforehand to get money that you're going to need. I think you can reimburse yourself from your you can use your fund balance and then we can reimburse your fund balance with proceeds of the bonds when they get issued. Okay.

So which which is probably a a smart it save that saves you money. You don't have to. So we can do that. We can reimburse ourselves. your the ordinance that we drafted has the magic IRS language in it. We you're all set doing that. Okay. And it does actually save us a little money. We're talking about somewhere around uh well the difference between 3.95 and 3.5 about 45 basis points pos you know so we would actually reduce our carry cost if we're using some cash at the beginning.

Okay. Good. And then we just go if we do whatever we need to get from the bond, we can just keep releasing as we need it, right? We don't have to go or do you have to get it all up front or you just take it as you need it?

So So I would I would issue bonds. I would just go I think if you have enough money to reimburse yourself for for preliminary costs that you're that you're incurring, um I would go straight to bonds. I wouldn't b I wouldn't do bond anticipation notes. You pay me twice on that. You don't want to do that. Um, you pay Steve twice. You don't want to do that. You So, um, so if you just went did one issue of bonds, the whole nine million, let's say you end up borrowing the whole thing, you do the whole 9 million. Um, I would say I would say that's the case, but Steve's going to correct me. And I think your question is, do you is it like a draw it down where you draw it as you need it? No, you would issue the full $9 million today. Just get it.

And as the town manager pointed out, the that money will sit in the bank. So, it's going to earn the three and a half percent interest during construction. So, there's not a lot of what we call negative carry on the money in this environment because you're borrowing at three 395. You're investing at 350 is only 45 basis points of carry on that money. So, yeah, you take it all down at once and then but you'd offset it with the earnings that you get during the construction.

Okay. Thank you. And one one other thing I just wanted to throw in because I had made a representation in the past um which was incorrect and that was that the size of the bond would have an impact on whether it would be a public placement or a private placement. We're being informed that there's really no appetite for the private placement um and that it'd be a public placement to begin with. Yeah, I would agree with the town manager. Given the size and the term of 20 years, the direct purchase market is not as attractive as the public markets. Public markets is the cheapest to go to for this type of a transaction. Thank you. You said something

you said something earlier that um if we made too much if we made x amount of money, we'd have to give it back to the government.

Yeah. So um so this is this is good money. I mean, you know, you're borrowing at attractive interest rates. The IRS doesn't like that. The government doesn't like that. They don't like to have anything tax exempt. So they they regulate you and um there are you're doing a construction project. So basically um there's uh you have to hit milestones along the way. So you borrow your money from that closing date. Um they want you to spend they want you to spend I think it's 10% by six months, 45% by a year. Oh, I I there's different there's different um targets and I they'll I'll they'll we'll all figure it out and we'll be explained but there's different targets you can actually you can actually meet. Um basically you have to spend uh 100% give a little little retain you know retainage there by two years but in any event everything has to be spent by three. Now, I don't think you're going to be you're going to be um constructing this for three years, but let's we in the past like up until recently um we haven't been worried about that because uh the interest rates were the interest rate market and the investment market was such that nobody was earning even more than a one percentage point on any of their investments. So, it wasn't a big deal. We are now seeing though that that uh communities are at least at least since 2020 maybe interest rates have ticked up and now they are some in some cases communities have earned more interest than they've been paying than the yield on the bonds. Um and uh some some communities have to pay what's called arbitrage uh arbit rebate they have to rebate their earnings to the federal government. Um, I think Steve and I have one instance where where the community doesn't care because they've earned so

much arbitrage that the little bit they end up having to pay as a penalty to the federal government is outweighed by what they've what they've earned. So, so Steve monitors that for you and and we work it. But, but the three-year mark, at the three-year mark, if you still have significant construction proceeds left to be spent, we ask you to yield restrict that. we we ask you to invest it at a yield that's not that's not in excess of the yield on the bonds and effectively we're we're looking at a one-year construction project and the interest earned the interest the coupon rate on the bond is higher than our investment rate so we're not going to expose ourselves to the arbitrage penalty

so I think you're going to be okay but but we just make sure that you know those upfront and it's much more important in this interest this rate market than it has been in about the last 10 years okay All right. Does anyone have any other questions? So, we're not we're not No, thank you. We're not making a decision tonight. No, we're going to wait for the budget committee to weigh in. Yeah. Thank you very much. Thank you. Thank you, Steve.

Thank you, Discussion by council vote or other action on payment of bills. Does anyone have any questions on the bills in your pack? I do have one question. Go ahead. Go ahead, Tony. Prism Street Lights. Uh, a $3400 monthly maintenance. That's what we pay him every month.

I know. What does maintenance entail? I still have not seen a contract to understand what maintenance entails because I continue to see street lights that are out. So I think did I think Rey had um provided an explanation as to what they do but I can provide you the contract itself. I can reach out to him make sure or even the explanation. I mean I just don't have any understanding.

You can probably do a better justice to the explanation as to what they do specifically. Um, but in terms of what I know, a rough estimation of what I know, that has to be reported. If there's outages on a certain poll, it has to be reported. They're not going to come out and inspect all of our polls individually themselves. Someone from the town, whether that be a resident, whether that be someone from the administration, needs to point the poll out, provide the poll number to Prism. They'll come out, they'll maintenance it, and it's just like providing a ticket. Yeah. Yeah. No, I know the process, but what I'm saying is if people aren't reporting these outages, which it looks like people aren't because there are outages, then what are they maintaining?

It's a what are they doing? They're providing whatever service they won't they can't come out and fix something they don't know about. So, we still pay $3,400 a month for maintenance even though they're not maintaining anything because our residents don't know that they have to report the outages. I think that's a basis of education to the Okay, Councilwoman, I'll have the public works director provide a memorandum explaining the process that you guys could look at at the next council meeting.

I I think that would be helpful because if we're paying $3,400 a month for them to maintain our street lights, but they can't maintain street lights that they don't know they need to maintain, then we need to educate the public to have them understand that they need to be reporting this. So then we're actually getting our monies worth at $3,400 a month. Can we maybe put um Scott, can we maybe put a blurb in your newsletter every month, every week, like if there's a street out, street light out, this is who you call, like Yeah. because I mean, no one's going to know that you call Prism, you know. Yeah. Yeah. Or just call DPW, one or the other. And then um you know, Vonnie uh will call it in. Someone from DPW get a process together and put a newslet.

Yeah. we'll uh we'll put something together in conjunction with the public works director and that we'll put in the in the uh newsletter on Friday. And I don't I don't want to sit here and come up with more solutions, but I think it's also inappropriate to ask our residents to identify street lights in the middle of it has to be dark to know that a street light's out. So, I'm not going to stop on Route 7, get out with my fa flashlight on my phone to identify the pole that's out. So, I think if residents identify that polls might be out in an area, right? Yeah. That they don't feel safe getting out of a car, then maybe DPW can go out there. Yeah. At night. Yeah. We wouldn't we wouldn't want residents getting out of their cars.

But if you are driving and you see a light out, just have a general idea as to where that is and let us know. Well, Prism has told me in the past that they need an actual poll number. Well, we could do that. Okay. You know, as the administration, I don't want residents getting out of their cars in the dark. So, I won't get out of the car anymore. Please don't. Okay. 300. Okay. Thank you very much. Do you have any other questions? I don't at this time. John, any questions? I'll I'll do it for $3,400 a month. I'll change light bulbs. Go ride around. Yeah. Carry some bulbs in the back. You'll even You'll drive around and actually Exactly. Okay. Let's contract with John. All right.

Yeah. Um I I can I can say something in in a general way um because it's not an agenda item, but it's consistent with this conversation. We have had conversations with two um technology applications that would allow residents at any time to send a message to the administration on an issue.

It could be a street light out. It could be um a really big pothole, which there were five cars on one uh great road on Saturday. They all have bad tires. Thank you, state. Um but it's a way for and they can actually take pictures of the area and send it to us. We and it gets directed to the right person, the administration to immediately follow up on. We have two separate applications that we're looking at. However, they they both are a a a cost. Um, and we're going to talk about those as part of the uh budget process with the uh budget committee. So, we're trying to find some solutions that allow it make it a lot easier for residents to notify the administration when there's problems, including street lights are out.

Absolutely. May I say something? I think we got to get residents out of the loop on this one. Uh, it's not residents responsibility. You see, you see a street light out to to report it, they're not even going to think of it. They're going to get home. They're going to forget all about that. You know, five miles ago there was a street light out. There's going to be a better way than other than rely on residents to to notify us that the street lights are out. It's $3,400. They should drive around once a month and just check off the street lights. It's my understanding based on my correspondence with Prism. That That's the different package.

Yeah. Prism's not going to come into town and drive around our town all the time. Maybe it's a maybe it's a conjun a combination of when the the police chiefs men and women are on the road, if they see a problem, let us know. If it's a resident, let us know. If it's anybody from Department of Public Works that are out plowing at night, let us know. It's multiple ways that people can notify us. But the experience has been through a lot of communities that when residents feel listened to and empowered be by being able to very quickly send messages to the administration town hall to express a problem in town. It not only makes them feel better, it also gives us more eyes and ears on the street because there's only so many eyes and ears we have on the street at one time. So I don't think it's all or one all or nothing, but I think all of them together gives us much better coverage. And I think it's just simply being responsive to the residents. But we'll see. We'll we'll have those conversations part of the budget committee. I

mean, it's a great idea, but just make sure we have the staff that can utilize it because if not, we're just going to be getting angry phone calls that they've sent a text and no.

Well, that's that's the beauty of the system that when depending on what you're sending in at it goes immediately to the person who's responsible for that. But the administration has a common dashboard where we see everything coming in and we're seeing the things that are not being responded to. So we can immediately get back say, "Hey, wait a minute, whoever it may be, you didn't answer this person's question or you didn't solve the problem." So you're right, a town of Smithfield just started this system. Um, and the company actually reached out to us because the town manager of Smithville suggested they reach out to us.

Okay. Thank you. Does anyone have any other questions on the payment of bills? Anyone make a motion? I'd like to make a motion to approve the payment of bills in the amount of $282,474.92.

That's a motion. Is there a second? Second. Any further discussion? Roll call, please. Mr. Burgod, yes. Mr. Christopharo. Yes. Miss O'Hara. Miss House.

Yes. Right. Discussion by council vote to other action. No public hearing notice. The following agenda item is scheduled for discussion. Council discussion vote or other action only. No public hearing will be held and no action will be taken at this meeting to adopt, enact or amend the zoning ordinance text or the zoning map. Discussion by the council vote or other action on ratification in approval of the executed mediation agreement including authorization for the town to pay 50% of the mediation cost for the honorable Frank Xclarity retired Rhode Island Supreme Court justice to serve as mediator at an hourly hourly rate of $450 concerning the following ma matters. A petition application for amendment to the zoting ordinance filed by Poundhill Realy LLC 618 Greenville Road Nusville Round 02896 owner of certain real property located off Old Oxford Road Poundill Road in Pineh Hill Road in the town of Nusfield more particularly identified as town of Nusfield tax assessors flat 7 lot 38 consisting of approximately 89.44 44 acres, the subject property, and B, proposed tax amendment and zoning map amendment to the town of Nosmfield. Zoning ordinance, including creation of a new zoning district entitled industrial special management district one overlay intended to permit mining, quaring, sand, and gravel extraction, loom stripping, stone cutting operations, and the crushing, washing, and/or processing of materials. The proposed zoning map amendment would change the zoning designation of the property located at 14 Pine Hill Road identified as assessors plat 7 lot 38 the property from rural aulture RA in Royal Estate Agriculture REA to Industrial Special Management District 1 overlay in C pound realy LLC versus town of Nusfield case number PC-1999-1811.

Madame President, this is um just a formal matter. Um the council already approved the mediation agreement. They were they were aware at the time that they approved it that this would be executed. It has been executed between the administrator and the opposing party. And at the time there was an estimated um a discussion about potentially retaining uh an expert, not expert, a mediator to handle the mediation. That's the that's the additional piece. um retired Chief Justice Flarity is now been retained. The town's responsibility will be 50% of that that bill. So that's it's just formalizing what the council has already authorized, but now it's in writing and it's signed. It was in writing before, but it was unsigned as you recall.

Okay. So, do we have to do an official Just going to vote a motion to approve and ratify and approve and then a second and then a vote. Just a quick question though. Um, since so many people have an interest in this, uh, can we let people know when we're going to when this mediation is going to take place? Is that I don't know that. Yeah, there there are three mediation meeting set for the for the month of March. Okay.

So, those have already been set. So, we're myself and um town planner Kurulo um are going to participate in that um representing the town. Um and of course, our attorney will be there as well. Okay. Okay. Thank you. I will uh I'll let you know the specific dates just so you stay in the loop for all the council people when we're going to be meeting. Okay.

And again, remember this is non-binding. This is simply a mediation that we'll bring back to the council. And that that's not an assumption that an agreement will be brought back to the council. That still has to be worked out. So, we could bring back no agreement or an agreement. But why? Regardless, the council has to act on that. Okay. You have to yourself, right? Mhm. John, do you want to make a motion to approve um this agreement and the ratification? No, maybe. No, no, no. Sure. You don't want to have to read it all again? I know. That's what we just said. Yeah.

Uh yeah. So, I'll make a motion to approve the agreement. Uh prove and ratify. Approve and ratify the agreement as presented. The u the um payment of 50% of the fees to retire. approve the 50% of the $450, which would be a commitment of uh $225 for the town for uh the the uh Frank Flareity, who will be the mediator, per hour. Per hour. Per hour. Yes. I'm sorry. That's a it's an hourly rate. That's a motion. Is there a second? Any further discussion? Roll call, please. Mr. Baragot. Yes. Mr. Christopharo. Recuse. Mrs. O'Hara. Yes. Miss Alves.

Yes. Okay. New business discussion by council voter. Other action on application for temporary exemption from noise ordinance narance electric company George Watson. The third public hearing.

Hi. Good evening. Um, could you state your name and your position?

Sure. Um, is this on or Okay. Name is George Watson. I'm returning from Robinson and Cole. Also here with Nicholas Bagneli, who's the project manager for this project. Um, this is a Rhode Island Energy Transmission line project. It's a reconstruction of an existing transmission line as well as the installation of a new transmission line. Uh Mr. Spagnett will go into more details about the project. I want to give just an overview of what's going on from the permitting perspective. This project, the application for this project was submitted to the Rhode Island Energy Facility Sighting Board. It's it's a new transmission line, so requires a full application review. That process generally takes about 12 months to complete. In connection with that application process, uh the applicant is required to go to the various boards that would have had jurisdiction over this project but for the energy facility sighting act which takes jurisdiction from local boards and puts it with the energy facility sighting board. So, notice was given to the town about the uh the need to go through an advisory um to to provide advisory opinion from the town council on the question of noise and whether or not a noise exemption um should be granted for this project. The noise exemption that we are seeking is uh right now you have a 7:30 to 6 um uh 7:30 7:30 a.m. to 6 p.m. is the permitted construction is is are the permitted hours for construction noise. We typically work 7 to 7. um almost definitely starting at 7:00, not always going to 7, but the general

work hour is 7:00 a.m. to 7:00 p.m. Um you have a more limited work work hour on Saturday and you have a no construction noise on Sunday. Um sometimes due to outages and other construction delays, the company needs to work on Saturday and Sundays to complete the project on time. uh because of the unique process of of getting an exemption uh instead of trying to obtain an an exemption when we need it, what we do is we ask for just a an exemption for the construction period. So, it's kind of a blanket exemption. It is a big ask because it is a you know, it's it's it's a blanket exemption request. It's for the full year of the construction of the project, but it's also it's being done that way because they can't always predict when they're going to need it. Um it's not something that's used all the time. The construction is not um occurring throughout the rideway all at once either. It's moving down in phases. So it's it's um so the the impact of this will be not felt along the entire length of the rideway, but it'll just in the areas where the construction's occurring at that given period of time. So it's um it's a unique ass ask. It's something that we've done um I think we last did it actually in this room for the interstate reliability project. That project was um I want to say I should know this because my son was born around the same time. I think it was 2011 2012. Um that was the transmission line that you see on 146 that comes hits uh connects to the west farm substation which is the same substation that we're starting from with this project and then continues west to Burville eventually making its way to

the Connecticut border. So for this project, we're going from the west farm substation to um to Burville right by the uh the super fund site. There's the LRNR super fund site where it turns left off the main rideway and heads to the Douglas Pike where the Nasonville substation is located. Um so that's the kind of the legal overview. Um Mr. just spagnleti will go. We have some slides here just give you some details about the project, where it's located, what's what it's going to look like, what it looks like now, what it's going to look like when it's completed. Um the the good news from a from the north from North Smithfield's perspective and you'll see it in a minute is that this the existing transmission line is between the two big 345 KB lines that were one of them that was rebuilt or or constructed, excuse me, in connection with the interstate reliability project in 2011. So this is the line that's in the middle. So we're not expanding the rightway. We're not taking any new rights. We're just rebuilding what's in the middle of the existing rightway between the two big 345 KB lines.

Excuse me.

Yeah, this just shows a map of of the construction. Uh like George mentioned, it's going to start at the Nasonville substation and cross into the North Smithfield town. um and go all the way to the West Farnum substation and it also goes to the Wound Saka substation. Both of those substations are on Greenville Road. Um but it's already been built from Wound Saka to um to West Farna. So again, the reason we're doing this, these are 1960 vintage wood poles and we're upgrading it to um weathered steel poles. Um there's about 74 poles uh along this line. Um and like George mentioned, we're we're not going to be working the entire right away all at once. It's going to be we're going to go in, we're going to build excess roads first. Uh we're going to uh put the foundations in and then come back and put steel poles up, then run the new conductor. Um so um and then the other part of this at the end is uh the wound socket substation. We're going to expand it and we'll we'll show you that too. So this this shows you uh what George had mentioned on the left and a right are the the existing 345 lines and we're going to be rebuilding the line in the middle that right now it's existing wood. Um, and this is again showing a picture of the design. And on the left here is what's existing. And on the right is what it's going to look like with the weather steel pole. It's got the existing line on the left. And then we're going to put also when we rebuild this line, we're going to put another line, call it double circuit, on the other side. And the reason we're doing this is for reliability purposes. If we lose a line or we lose a transformer at one of the ends of the substation, we have the other line and a second

transformer to be able to power both so we can limit the outages. Um, we do have copies of the presentation with us, so we're happy to hand those out afterwards, too. So, um,

um, this is, uh, what it looks like now. This is, uh, uh pretty much in the Burilville area. Uh it's pretty crowded here. There's the in the middle it's the the wood poles. Um and actually what's happening here underneath that there's a distribution line. And what we want to do is we're going to um relocate the distribution line off to the to the right here. And the next uh uh shows that. So when we're all said and done, this is a rendering of how it's going to look. We have the new line on the left and the relocated distribution line on the right. This helps with um maintenance. We won't we don't want our guys working under a 115 line doing distribution work. So that's another reason why we're doing this project too. And this is uh again in Greenville Road. This is the existing wound substation. And as you can see there's one, two, three, four bays. We're going to add a fifth bay. And at the top of the page, you can see the the weather steel poles. We'll have the weather steel poles coming in. That'll be the new line that we're putting in for this for this substation or for the transmission line rebuild.

And again, as George mentioned, this is u this is our ask to work uh construction from 7 to 7 days a week. Again, when we need it. This won't be constant. And and again, we won't be working uh in the whole area of the rightway at the same time. And that's it. Any questions?

So before we go to questions too, part of the coordination of this project, uh we work with RDW and so they they perform the outreach for the company. So prior to doing construction work, RDW does go out to the neighbors to um get to alert them of the work that's about to begin. and people can sign up to uh for emailed updates to um just to uh to give construction progress. And so it's uh it's not uh the when the trucks arrive, people are will expect them to be there. It's not going to be a surprise when they when they do arrive and the work will be within the rideway, too. So it's the trucks will be going in and out of the rideway. Um, so the impact on the abuters from a traffic perspective shouldn't shouldn't be too great.

So you said that your exemption Renee, can you go back to that last slide, please? So 7 to 7 every day, even Sundays, but not necessarily you'll be actually working. It's just you want the be able to do it if you needed to. Right. Correct. I mean you 7 to 7 Mondays through Fridays you can expect that to be their their general work hours on Saturday and Sundays. Um working on excuse me working on Saturdays and Sundays will not be as often.

So does this mean um with all this new infrastructure that you the taxes will be going up considerably? Um um I just want to and I asked that only because I want to make sure that there is something in for us that you know that you're we're going to be giving you granting you this and that that the residents are going to be put out but at the same time it's worth it because you know XYZ.

So having a reliable uh grid is beneficial and that you don't have emergency trucks going to the grid at during storms and outages to make repairs. Um, does this project benefit North Smithfield? It doesn't. You have transmission lines that cut through your town. So, the benefit of this project is to the town of Burville because when that line goes down, that is their sole supply to Burville. not just to the Burville customers that Rhode Island Energy serves, but also to the customers that crew serves because crew is connected to that substation. So, by bringing a redundant power line to the Nasonville substation, we're bringing more reliable service to that area. Um, will there be a tax benefit from having the new infrastructure um in North Midfield? There will be. Um, you're going to get that from the substation and from the transmission line facilities. Um, I I'm a siding attorney, so I couldn't tell you what the tax benefits are, but um, it it would be something similar to what was with the interstate reliability project. Although this is a fraction of the size of that project, so it would not be as great. But I I would say a similar setup and similar also depreciation of or fall off in those tax.

Yeah, if I can chime in on this. Um I mean, yes, there's a there's a tangible property tax value here. Um there's actually two um national grid runout energy projects that are planned and underway in our town. So yes, those are going to generate additional tangible tax revenues to us, but also understand too that we are amortizing every year the value of existing tangible property owned by road island energy. So we've actually done a forecast of that, what we've experienced, what we can see going forward to get a better handle on how sensitive is our reliance on the tangible property taxes from national grid because it is a rather significant component to our tangible uh tax base. But yes, we will benefit from an increase in our tangible values for tax purposes. Although I still like to know that my lights turn on when I do the switch. They

turn on. Anyone have any other questions? And then in the event that you weren't provided the exemption, you would have to work within the Monday through Friday 7:30 to 4:30 p.m. Correct. Extend our project further than what we're Okay. So, one implication could be extension of the project timeline. Are there any other towns that didn't provide an exemption and you had to abide by their noise ordinances? No. Okay.

No. And it's um your decisions advisory to the sighting board. Um so if you did not if you do not approve it, we would still seek to get that relief from the sighting board.

Okay. and we will provide the reasons why um the relief is necessary. Uh here one one of the things we haven't discussed is that in connection with the project there's outages that need to occur. Um those are outages on the transmission line. Uh we we those are scheduled and um designed so that the outages do not impact customers. So you can take a line out of service without taking without impacting customers. But it has to be scheduled and it has to happen within the time slot. And so um if we're working seven days a week is generally to make sure that we can meet that outage that's either starting or ending. Uh so that we can again maintain a reliable service while we're still servicing the lines. Okay.

Thank you. All right. So, this is a public hearing, right? So, we can open it up. Okay. Anyone make a motion to open the public hearing? I'll make a motion to open the public hearing. Second. We have a motion to second. Any further discussion? Roll call. Mr. Beerod? Yes. Mr. Christopharo? Yes. Mrs. O'Hara? Yes. Miss Alves? Yes.

All right. Public hearing is open. You can if you can just state your name and address.

Sure. Yeah, it's Eric Treton, 11 Cross Street. Um I just It's interesting that this is an advisory to a different board. Um but with our guidelines, you know, it says that provided that an applicant clearly demonstrates that undue hardship will result from an exemption denial. Um I think there are reasons for it. I've heard I don't know if we've heard anything that clearly articulates why this project would not be viable or possible without that. Right? And one would assume as well that though we are dependent on this tax revenue, it's coming either way, right? they're not going to not build this line if we decide that we don't want to inconvenience our residents. It's happening. So, I I was I was really interested more in what is that some clarity on that undue hardship that not allowing this would put on the company or put on this project. I guess part of the the hardships would be just as we we talked about would be um potential with outage delays. Um so we're going to we're going to have to schedule an outage for a certain time of the year. We only can get an outage on this line for a certain time of the year and that's between uh for this year it's going to be between August and the end of the year. So we have that limited time for this outage. Um so that's one pro potential and if we don't meet that then we're going to have to wait until delay the project uh and finish the project in in uh the March to April time frame. So that's that's one thing. The other thing is like it's stated up here about you know we might be working um and there could be uh we have a a concrete pour to do and uh there could

be some delays. It just gives us that flexibility uh to do some of the work and not have you know a potential of of you know not being able to do a concrete pour um you know if the truck gets delayed or or something like that. Again, it's not something that we're asking for for every single day of the project. It's just having that ability and flexibility if there's an issue. So, why is it that you can only service the line between August and the end of the year?

It's uh like October to the end of the year. It's not that we can service it. It's the only time that we can take an outage because of the load on the line. Like during the summertime, there's a lot more load on the line. air conditioners or whatever. So we the our dispatch our outage people will not let us take that line out because if we do and there's a lot of load on the line if that whole line goes down that's everybody's going to be without power. So that's that's the risk that we're trying to avoid and that's why they only allow us to have that outage for certain times.

So I guess my next question would be if you're doing it that later in the year. So, if you're working till 7 o'clock at night, does that mean you're going to be having flood lights in that area, too? Not just so much noise, but also the distraction of very bright lights. Once we get the permit approvals, we're going to start the project. That could be June. So, we have there's other things that that we'll be working on be before, let's say we start in June, we'll be building roads, we'll be cutting trees, we'll be pouring, we'll be digging foundations. the outage work is going to be when we have to run the new wires and things. Okay. Um so that's the time frame that we're going to aim for that kind of work between October and December.

Right. But that didn't really answer the question. So besides noise, is it also going to be bright lights? Because by that time of year it's getting darker earlier. So now, are you going to also have bright lights going plus noise past the noise restrictions? Yeah, I I don't there could be some lights at times if if necessary. Um but you know, I'm not sure if Yeah, between October and November time frame, I guess it does it is going to start getting dark pretty early. So there could be some lights. Yes. But again, it's not every day, right? No. No. Okay.

If I may tear I was asked before about other towns and how they how they voted on this, how they typically voted. For most towns, we don't need to request the the weekday relief because the the work construction work hours are 7 to 5 or 7 to 7. And so it's it's only here we have the 7:30 start that we're we're going to run a foul of the uh of the uh the morning start time. As far as the afternoon start time, what I asked Mr. just by Mleti about it before. Their their work is generally tuned to when there's daylight. They don't like to work at night. And so with the lighting and stuff, they'll when they need to if they're rushing to make an outage or if they're r if they're rushing to meet a schedule, they'll employ lights, but generally speaking, it's once it's dark, they're out of there. Um, so the real I mean, so typically when we seek this relief, we're seeking it for Saturday and Sundays and it's or we're seeking for the late hours if you're doing a construction poor or early morning start because Ryot doesn't want you crossing the road during um rush hour. Um so here it's a little bit of a unique situation but again uh we don't think the weekend as we stand here now we don't think the weekend push will be a um a major feature of this project. But again we we we we can't say that for sure. And if it does become a problem or does become a need uh it's not something that we have the ability to come back to request which is why we're requesting it now. Hi, Mike Marcia, 641 Black Plane Road. I live directly adjacent to these power lines. I was here during the

construction of the new transmission lines and the expansion of the the ement when they cut all the trees down. My property extends approximately 1,000 ft down length of lines. Most of my 22 acres is conserved. I have a contract with NRCS, the Natural Resource Conservation Service, to provide for conservation activities on my 22 acres. This uh transmission line also goes directly through Fort Refuge. I uh I am opposed to this work being done on the weekends and on holidays, and I don't think that you should allow that. Uh it violates my quiet enjoyment of my property. I was not happy the last time they did this construction. I understand the necessity of the lines. Please go ahead do the project. Um I was fine when they did the other one too. But uh but I would prefer not to have uh this uh whatever this is this uh yeah this variance for the for the noise in the construction because it it would present undue hardship to me. Thank you. C clarifying question. Could we and sorry not for for the um representatives from Rellan Energy. Could we provide the exemption in areas that are not in in that are not in residential areas?

Yes. Okay. I mean it's so we could say if you're in a residential area then you have to operate between these hours, right? But if you're in a non-residential area, you can operate on the weekends. Yes. And by me saying my response is not the desired, right?

That's not the relief that's being sought by the company. So the company may still pursue the the relief that they requested from the energy facility sighting board. But part of the um part of the advisory opinion process is that even if you disagree or if you want to put a condition on, that's when you do it. So it's not like a um this is the opportunity for the town to provide their input on how the boards your rules. So if you want to put that condition on

that that is something that you can put on. I mean I I will say that it's been our experience that when we do these projects we do consult with the abutters before working on a Saturday or Sunday but but again I I I understand the request and I understand the comments from the from the neighbor. So so I I tend to agree with the residents. Um we could give them the exemption that they want during the week. Yeah. But keep the current laws the way they are on weekends. Yeah. That's what I would think. I really don't like my weekends interrupted anyways.

I mean, even if if during the week is your biggest concern, then move that to seven, but then on the weekends and stuff, just follow what it is. I mean, that's my suggestion because you said the other towns their their noise ordinance was pretty much starting at 7 a.m. So, you really didn't have to look for an exemption, right? Is that what you're saying? Um, that's correct. But we did get one from Burville. And of the two, this project is limited to Burville and North Midfield.

Burville is more densely populated along the line, although it's shorter. Is it's it's a 4.9 miles or 4.7 miles and 0.9 miles is in Burville, but that.9 miles goes right through um it's a it's a different neighborhood. So it's they're right on top of the the easement. But how I mean how long does it take to do a project that size versus the one the part that's in the Smithfield? Um you just exceeded my capacity to answer questions. So

um what's the question? So if you're doing only 0.9 in Barville, how long does it take to do that type of project versus the part that's in us? If it's a year project, it would be just, you know, the Burville project. Yeah. Thank you. Yeah, the 0.9 in Burville is uh you know it probably take a couple months to do everything because we have to relocate this distribution line too. I I just want to clarify right now we're still allowed to work on Saturdays 7:30 to 4 is at 4:30 right in the Oh, sorry I misread that.

Yeah, that's what it that's what it currently is. And then no h no Sundays or holidays. Okay. I just just to clarify what you said. I think you said no weekend work. No, I didn't say that. I I said uh to stick to the current laws. I I misread it. So, yes, I had initially said no weekend, but I see that it's 7:30 to 4:30 on Saturday. So, it will be no work on Sundays and holidays unless we can even make make an exemption for emergencies. But that would be an exemption anyway. There there's already utility exemptions for emergencies. So, if there was a right there was an issue. Okay,

I'm going to add this. I think the well-being of the taxpayer should be primary. We're not here to accommodate them. They should be here to accommodate the taxpayer in every single town. They get richer and we have nervous breakdowns because we can't sleep every night. And I remember the first ones going up in this town. I'm that old and even older. So, uh, very polite gentleman, but I can't see it being done and you won't get my support. Does anyone else want to speak from the public? Anyone else? Madam President, I make a motion to close the public hearing.

We have a motion. Second. And a second. Any further discussion? Roll call, please. Mr. Barry God. Yes. Mr. Christopharo. Yes. Mrs. O'Hara. No. This is just a public hearing. What? Mrs. O'Hara? Yeah. Miss Alves? Yes. Okay. All right. Anyone want to make a motion? I would like to make a motion. Okay. I would like to make a motion to grant Rhode Island MG. Uh oh, I lost it. Can you go back? You go back. Wait, wait, wait, wait. John, can we discuss it first? What? Can we discuss it? Could we discuss it quickly? You can do second question. Okay. Okay.

Uh, is that all right? Okay. Sorry. So, I would like to make a motion to grant Rhode Island Energy uh license to work uh from 7:00 a.m. to 7:00 p.m. on weekdays for this project uh for one year. However, uh we will continue with the current uh rules and laws uh regarding weekend work which would be um Saturdays to 4:30 and not on Sundays and holidays. So, you're making a motion to maintain our current ordinance? No. No. 7 to 6 Monday through Friday and then 7:30 to 4:30 on Saturday like it is correct. Okay. So, we're just we're just giving them we're just doing 7 to 6 instead of 7:30.

No, I'm sorry. I'm sorry. My motion is to give them what the requested uh time change on weekdays, which is 7 to 7 and then uh stick to the current uh weekends of the law in North Midfield. Current weekend is 7:30 to 4:30 on Saturday and prohibited on Sundays and holidays. Okay. So, if you want a second with discussion, you can. I think second. I'm comfortable with that. Okay. Okay. So, you got a second? Second. Okay. So, we have a motion and a second. Any further discussion? Roll call. Mr. Berod? Yes. Mr. Christopharo? Yes. Mrs. O'Hara?

No. Miss Als? Yes. Discussion by council vote other action on resignation from groundwater protection committee and planning board. I don't have anything in my packet. Does anyone else Was there a resignation? I don't know. Yes. I don't have it. So I don't know who it is. Dr. Cynthia Roberts. Oh, is that is that who it was? It was sent digitally to people who receive it digitally, but it was my error. I'm sorry. I did not put it in the packet. So, it's Cynthia Roberts. Well, I know she emailed me, but I didn't know that was Oh, yes, that's Cynthia Roberts, correct? Okay.

All right. So, um, can we just send her a letter like we normally do to thank her for her service? And I know when, uh, just when I spoke to her through email, it was just personal capacity on her schedule. It had nothing else to do with that. So, um, that's it for that. And then open forum pursuant to 42-46-6D maximum three minutes per person. Does anyone want to speak Mike? Three minutes. Rene, can you um so can you do it up there so we can see it? Yeah, that's fine.

Mike Clifford, 489 Black Lane Road. I want to go back to ask a couple of questions. I wanted to ask the architect and that's why I had my hand up but not the architect this young woman here but um regarding the you're saying the building is ADHD compliant ADA compliant is that because we asked for an exemption from something or Okay well how do we get handicapped people from the first to the second floor what why were we given that why there's there's a new ramp and then the they would just go into the bottom level. Right.

The question was posed to review current ADA regulations and the handicap accessibility to both levels of the building meet that standard. With that being said, I believe we still have to as part of the building permit process, we still have to submit this to the state ADA compliance officer. Okay. But but I'm just curious, how does a handicap person get from the second to the first floor or the first floor to the second floor? Where so they have to go into two where are the ramps? What was you described something going through one door if they wanted to go to the second floor one using another entrance if they were going to the first floor? I don't even understand.

I'm not an architect. I'm not going to get into a discussion. Okay. So, nobody knows how. Um, do you want to show it next meeting since you don't have any of the study done by Okay, that would be perfect. Just so then everyone can visually see it. is in the next meeting in two weeks that second I'll find out

I'm just going to reiterate that there was a concern at the time and aside from the handicapped access thing of transporting prisoners up those stairways and I don't I mean it was seemed and I thought to myself at the time gee why would they be going up and down but it was a concern that was expressed so I don't know why we're just you know putting that aside and the other thing is um the um well I'll just I'll go right to the other one. The second my last huh something's really designed for the there's no reason to be transporting prisons up and down

well even even though aside from the p prisoners John I was thinking more of the handicapped people or the older people the seniors I mean yeah I know I know but seniors particularly would you know what are they going to do for this can you finish up it's just a nice thing to have for handports I'm sorry you'd have to get up and speaking with you because no one can hear you from home. Okay. And then so I'll just say I'll wait until they give the presentation next month, but I'll just ask the last question is um well and could we have something in writing from the architect saying this is going to be in compliance? Ingo will we have something in writing saying as of right now?

Okay. Okay. And the last thing is um Mr. Igliosi was supposed to get an opinion and form an opinion and submit something as to whether or not the this subcommittee that you have is in compliance with the OM. Yes, I I um because of the unfortunately there was some computer glitch. I getting documents from the clerk and the administrator didn't come through. I did speak with the attorney general. They're expecting the request and they will issue an opinion. Thank you. I'll get it to you. Thank you. Okay. Anyone else want to get up? Did you want to get up and speak?

Anyone else like to get up and speak? Anyone else before we close? All right. All right. Anyone like to make a motion to adjurnn? To adjourn. All in favor say I. I. Thank you.