MINUTES OF SMITHFIELD TOWN COUNCIL MEETING
Date: Tuesday, June 20, 2023
Place: Smithfield Town Hall
Time: 6:00 P.M.
Present:
Town Council President T. Michael Lawton
Town Council Member Sean M. Kilduff
Town Council Member Michael P. Iannotti
Town Council Member Rachel S. Toppi
Town Council Member John J. Tassoni, Jr.
Town Manager Randy R. Rossi
Town Solicitor Anthony Gallone
Town Clerk Lyn M. Antonuccio
At 6:00 p.m., a motion was made by Member Toppi, seconded by Vice President Iannotti, to convene into executive session to consider, discuss, and act upon matters pursuant to Section 42-46-5(a)(2); Potential Litigation and Rhode Island General Laws Section 42-46-5(a)(1) Personnel; to interview Christopher Bilotti, Ryan Sylvestre, and Hannah Martin for possible appointment or reappointment to a Town board or commission.
At 6:56 p.m. a motion was made by Member Toppi, seconded by Vice President Iannotti, to adjourn the executive session and seal the minutes. The motion was unanimously approved.
President Lawton announces that there were no votes taken in executive session that are required to be reported pursuant to RIGL§ 42-46-4).
Motion is made by Member Tassoni, seconded by Member Kilduff, that the minutes of the June 6, 2023 executive session meeting be approved as recorded and sealed. Motion is approved by unanimous a 5/0 vote.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the minutes of the May 2, 2023 open session be approved as recorded. Motion is approved by a unanimous 5/0 vote.
President Lawton declares the public hearing open.
Town Manager Rossi explains that there are amendments for consideration from the Budget and Financial Board of Review’s version of this budget. Town Manager Rossi further explains some of the items that were discussed at a work session that have been included in the budget. They are as follows:
· $100,000 to Legislative and Policy Direction School Capital Fund Contribution
· $300,000 to the Police Local Pension
· $46,365 for a full-time position
· $10,000 for the Greenville Library
Town Manager Rossi states that the budget will increase the tax rate in the amount of $456,365 and the effect to the residential real estate rate will be reduced to $13.78 and the commercial real estate was reduced to $19.29 per thousand.
Member Toppi asks that Town Manager Rossi explain how the additional money came about. Town Manager Rossi explains that when the budget process began in January 2023, they were being conservative about the tax value and never overestimated/underestimate the tax rate at that point. Town Manager Rossi further explains moving along through the year they were able to reach a final number, and this year the Town had some value and growth. Town Manager Rossi also explains that the Town was able to get additional value reduce the rate and provide additional benefits to the areas that needed it.
Member Kilduff questions the Tax Stabilization Agreement for Bay Crane is something that will contribute to offset the price. Town Manager Rossi explains that the amount listed in the agreement is covered into what the tax levy is about, and will not change anything.
Thomas Hodgkins of 200 Farnum Pike questions the basis for the increase of $10,000 to the Greenville Public Library. Town Manager Rossi explains that at the budget work session the library presented numerous additional capital items that they were looking to have funded, and the council felt it was a “reasonable ask”, therefore, this is why he added to the budget.
Mr. Hodgkins also questions if that was over the recommendation of the BFRB. Town Manager Rossi confirms this was over the recommendation of the BRFB, and would raise it from $931,850 to $941,850.
Mr. Hodgkins states that the library plays an important mission in our community and they do across the state, however, when dollars are diverted from that mission to non-mission related activities, the taxpayers suffer and their money should have to go to that.
Mr. Hodgkins further states that the library has been involved in litigation for several years for violating the Access to Public Records Act, and over that time, they have spent over $100,000 in legal fees defending a case they had no defense to. Mr. Hodgkins also states that they paid attorneys at a rate of over $500 per hour to defend that case.
Mr. Hodgkins explains that the Supreme Court ordered the library to pay over $60,000 to the plaintiff’s legal fees, which is in addition to the $100,000 the library has incurred over the past several years.
Mr. Hodgkins further explains that since 2019 the library’s budget has gone up every year, and this year they have asked for over a 10% increase. Mr. Hodgkins also explains that the library never disclosed what they were spending on these legal fees or the scope of the litigation.
Mr. Hodgkins states that it is his understanding that the Town first learned of this issue when he raised the question at the BFRB meeting in March 2023, and the library told the board that no taxpayer dollars had been used to pay legal fees or judgement in that case, however, their minutes reflect $60,000 was transferred from their Investment or Reserve Account to pay the judgement. Mr. Hodgkins further states that their minutes from previous years do not reflect any other transfers from their Reserve Account to pay for legal fees, which suggests that legal fees were paid for from the Operating Fund. Mr. Hodgkins reminds the members that the biggest contributor to the Operating Fund the taxpayer appropriation.
Mr. Hodgkins explains that during that time the library has asked, and received, Capital Improvement Plan funding as well as American Rescue Plan funding. Mr. Hodgkins asked for the audited financial records at the library, but the Town has not had the opportunity to review. The library refused to release the information, without explanation, until after this budget hearing.
Mr. Hodgkin states that the Town has limited oversight of the library, and the library believes that the Town has no role in its budget. Mr. Hodgkins feels it is concerning that the taxpayers are, in essence, writing a check for $941,000 to an organization that thinks it has no oversight, and the Town has no oversight to tell the library how to spend their budget or how to allocate any of that money.
Mr. Hodgkins hopes that the Town can soon think about ways to get some oversight over the library and their spending, and to do it now rather than wait until the budget process next year. Mr. Hodgkins states this should include reviewing their financial auditing statements.
Hearing no further comments, President Lawton closes the public hearing.
Motion is made by Member Kilduff, seconded by Vice President Iannotti, that the Smithfield Town Council hereby approves the Fiscal Year 2024 Budget as amended. Motion is approved by a 4/1 vote. Member Tassoni votes nay.
Motion is made by Member Kilduff, seconded by Member Tassoni, that the Smithfield Town Council hereby schedules a public hearing on July 11, 2023 to consider the application for the Tax Stabilization Agreement with Bay Crane. Motion is approved by a unanimous 5/0 vote.
1. Raymond C. LaPerche PTA, 11 Limerock Road (fee waived)
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council act upon approving the annual renewal of one (1) Bingo License for Raymond C. LaPerche PTA, located at 11 Limerock Road, Smithfield, as applied, subject to compliance with all state regulations and local ordinances. Fee waived. Motion is approved by a unanimous 5/0.
1. The Barre and Yoga Experience, LLC d/b/a “The Barre and Yoga Experience”, 259 Putnam Pike, Unit 2
Motion is made by Member Tassoni, seconded by Member Toppi, that the Smithfield Town Council approve the annual renewal of one (1) Holiday Sales License, as applied, subject to compliance with all State regulations and local ordinances.
1. The Barre and Yoga Experience, LLC d/b/a “The Barre and Yoga Experience”, 259 Putnam Pike, Unit 2
Motion is approved by a unanimous 5/0 vote.
· Sunday, July 9, 2023 from 9:00 a.m. to 3:00 p.m.
All Special Event Licenses for Seven Cedars Farm are subject to compliance with all State regulations and local ordinances.
Motion is made by Member Toppi, seconded by Vice President Iannotti, that the Smithfield Town Council approve one (1) Special Event License for Seven Cedars Farm for a “Charity Car Show”, 20 John Mowry Road on the following date:
· Sunday, July 9, 2023 from 9:00 a.m. to 3:00 p.m.
All Special Event Licenses for Seven Cedars Farm are subject to compliance with all State regulations and local ordinances.
Motion is approved by a unanimous 5/0 vote.
· Sunday, September 17, 2023 from 10:00 a.m. to 3:00 p.m., with a rain date of Sunday, September 24, 2023
The private event will take place at Seven Cedars Farm, 20 John Mowry Road from 10:00 a.m. to 3:00 p.m., as applied, subject to all State regulations and local ordinances.
Motion is made by Member Toppi, seconded by Member Kilduff, that the Smithfield Town Council approve one (1) One-Day Beer/Wine License as follows:
Private event to be held on Sunday, September 17, 2023 from 10:00 a.m. to 3:00 p.m., with a rain date of Sunday, September 24, 2023
The party will take place at Seven Cedars Farm, 20 John Mowry Road from 10:00 a.m. to 3:00 p.m., as applied, subject to all State regulations and local ordinances.
Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Tassoni, seconded by Member Toppi, that the Smithfield Town Council approve a new Sidewalk Sales License for Blackbird Farm, LLC d/b/a “Blackbird Farm” to hold a Farmer’s Market every Sunday through October 8, 2023, with the hours of operation to be from 10:00 a.m. to 2:00 p.m., on property located at 660 Douglas Pike, as applied, subject to compliance with all State regulations and local ordinances. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council approve the temporary extension of a Class D (Full Privilege) licensed premises for the Smithfield Sportsman’s Club, to include its parking lot located at 14 Walter Carey Road, for their Annual Field Day to be held, Sunday, September 17, 2023, from 9:00 a.m. to 8:00 p.m., as applied, subject to compliance with all State regulations, local ordinances, and conditional upon the alcohol/crowd control agreement with the Smithfield Police Department. Rain date will be Sunday, September 24, 2023. Motion is approved by a unanimous 5/0 vote.
Town Manager Rossi explains that this item will solidify everything having to do with the passage of the budget and to bring the Town in compliance with the Town Charter.
Motion is made by Member Kilduff, seconded by Member Toppi, that the Smithfield Town Council hereby moves passage of the Appropriation and Tax Levy Resolution for the Fiscal Year ending June 30, 2024. Motion is approved by a unanimous 5/0.
DPW Director Gene Allen explains that this purchase will be funded through next year’s operating budget, and there is a six (6) to eight (8) week delivery period.
Director Allen further explains that this purchase is based upon anticipated growth and the replacement of carts and damaged carts.
President Lawton questions the lifespan of the carts. Director Allen explains that the warranty is ten (10) years.
Member Toppi questions if they were ever free. Director Allen explains that they may have been free prior to him becoming director.
Town Manager Rossi states that the Town generated a savings by switching to the automated method of pickup and reduced the service fee.
Vice President Iannotti questions how long the carts that residents are presently using are expected to last. Director Allen explains the warranty is for ten (10) years, however, they are starting to see some wear. Director Allen further explains that if there is damage to them, such as wheels or covers, the DPW can go out and make some repairs. Director Allen also explains that the ones being purchased should last approximately ten (10) to fifteen (15) years.
Vice President Iannotti questions if they will be replaced on an “as needed basis”. Director Allen confirms that they will be replaced on an “as needed basis”.
Member Kilduff questions the rental of carts. Director Allen explains that you are able to get an additional cart for no charge, and loaner carts are available if someone is having a party and will have extra trash/recycling. Director Allen further explains that the DPW will deliver it and pick it up after the event.
Member Toppi questions if this is paid for via credit card as the information shows there is a 2% processing fee. Director Allen explains that generally it is paid by check.
Motion is made by Member Kilduff, seconded by Member Tassoni, that the Smithfield Town Council authorizes the Town Manager to enter into contract, through the OMNIA Partners Contract #254, with Rehrig Pacific Company of Miami-Dade County, Florida, for the purchase of 100-65 gallon trash carts, 100 -65 gallon recycling carts, 100 – 95 gallon trash carts, and 100 -95 gallon recycling carts as described in the attached quote for a total cost of $29,894.00. Motion is approved by a unanimous 5/0 vote.
Chief Robert Seltzer explains that this RFP was drafted after inquiries from local businesses in the area of Route 7/116 regarding property they may be interested in selling and may have good potential for a fire station.
Chief Seltzer further explains that before a determination is made to move forward with the fire station the Town has, it has been decided to review this option to see if it makes more financial sense.
Chief Seltzer also explains that the RFP was drafted based upon the initial design of the fire station and the RFP will be available for thirty (30) days, the bids will then be reviewed to see if the property contains the proper land mass and building size.
Chief Seltzer states that the RFP will give the Town the ability to negotiate with whomever submits a proposal to make the fire station NFPA and building code compliant.
Vice President Iannotti questions what the Town is going to do with the land that has already been purchased. Chief Seltzer explains that the Town would sell it. Town Manager Rossi explains that there has been numerous requests to sell the land.
Vice President Iannotti also questions if renovating an existing structure will save money. Chief Seltzer explains that the design, layout, and drainage is already on the property. Chief Seltzer further explains that there may be other potential savings where a bid is accepted and may also provide all best practices.
Motion is made by Member Tassoni, seconded by Vice President Iannotti, that the Smithfield Town Council approves the RFP for the purchase of real property/existing structure for the new fire station. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby authorizes the advertisement of this Request for Proposal (RFP) for the construction of the concession building, grandstand, press-box and track & field main entrance at the Boyle Athletic Complex at the high school, subject to review and approval by the Town Solicitor. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby rescind RFP #2023-0324 – Concession Services-Play for All Pavilion at Deerfield Park, and the received from Brewology LLC, located in Smithfield, RI. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby authorize the Purchasing Agent to advertise this updated RFP for concession services at the Smithfield’s Deerfield Park – Play for All Pavilion for the new contract period of July 1, 2023 to June 30, 2025. Subject to final review by the Town Solicitor. Motion is approved by a unanimous 5/0.
Nicholas Ricci states that he is requesting the council’s approval to hold a summer party for the neighborhood children.
Vice President Iannotti states that cars drive very fast on Kimberly Ann Drive and questions how this will be made safe by blocking off part of this road.
Mr. Ricci explains the different exits within the neighborhood, and assures the members that cars would be able to go around both sides.
Vice President Iannotti questions if the Police Department has reviewed this plan. Mr. Ricci explains that he reached out to both the Police and Fire Departments, and they referred him to the council. Vice President Iannotti questions if both departments have reviewed the plan. Mr. Ricci explains that both departments have reviewed the plan, and he sent over a diagram of where the blockades would be which shows access to both sides for cars.
Vice President Iannotti suggests that the Traffic Safety Commission look at that street because something is needed to slow done the traffic such as a stop sign.
Member Toppi questions how many people are expected to be in attendance. Mr. Ricci explains he thought there would be approximately thirty (30) people and some family and friends are invited.
Town Manager Rossi wants to ensure that both the Fire and Police Chief are fine with this proposal and it has reached all levels of their department.
Member Tassoni questions if this has ever been done before. Town Manager Rossi explains that he cannot find anything showing this was done before. Member Tassoni suggests putting a process in place because none currently exists.
Police Chief Richard St. Sauveur states that the department has had requests for block parties over the years, and he does not support streets being closed down. Chief St. Sauveur does not think the Town should be in that business either. Chief St. Sauveur has told those that have requested to have a block party that they can have “all the parties they want” but not to block the streets.
Chief Seltzer explains that he has not spoken with Mr. Ricci. Chief Seltzer suggests moving the party to Deerfield Park. Chief Seltzer feels that something solid would need to be put up if this is going to happen and there also needs to be access to allow a rescue/fire truck to get through.
Mr. Ricci states that he lived in New York and attended block parties where a “horse barricade” was used. Mr. Ricci further states that moving it to another location defeats the purpose of having on the street.
President Lawton suggests having in someone’s driveway.
Member Toppi questions if the council denies this request, Mr. Ricci could technically still have the party, but it would be a huge safety risk.
Joseph O’Connor of 6 Apple Tree Lane explains that when his children were growing up he had block parties every year, and he blocked off the streets with cars. Mr. O’Connor further explains that everyone had a good time and were safe. Mr. O’Connor also explains that the Smithfield Police looked the other way.
Vice President Iannotti would like to see a plan drafted that is acceptable to the Police and Fire Departments. Vice President Iannotti does not think the council should approve something that the Police and Fire Chief are opposed to.
Member Kilduff feels that both Chiefs are forced into the positions they are in because of liability.
Member Tassoni states that if the council approves the party, the Town is liable.
Vice President Iannotti states this is not a dead-end street; it is highly traveled and used as a cut-through.
Chief Seltzer offers to work with Mr. Ricci to determine if there is a safe way to have the party.
Town Manager Rossi suggests that the council table this matter to determine if the Police and Fire Departments, along with EMA can put a plan together.
Motion is made by Member Kilduff, seconded by Member Toppi, that the Smithfield Town Council continues this matter to July 11, 2023. Motion is approved by a unanimous 5/0 vote.
Town Manager Rossi explains that he spoke with some of the members, and asks the members to hold off with this item, which is due to the Primary Election. Town Manager Rossi further explains that the concern is how early the council meeting is in August and waiting until late September to have another meeting. Town Manager Rossi suggests taking no action on this item until time gets closer.
Motion is made by Member Kilduff, seconded by Member Tassoni, that the Smithfield Town Council hereby tables this agenda item to a future meeting. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Kilduff, seconded by Vice President Iannotti, to adjourn the meeting. Motion is approved by a unanimous 5/0 vote.
Meeting adjourns at 7:40 p.m.
______________________
Town Clerk