MINUTES OF SMITHFIELD TOWN COUNCIL MEETING
Date: Tuesday, June 4, 2024
Place: Smithfield Town Hall
Time: 6:15 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 6:15 p.m. a motion is made by Member Tassoni, seconded by Vice President Iannotti, to convene into executive session to consider, discuss, and act upon matters pursuant to Rhode Island General Laws Section 42-46-5(a)(2); Potential Litigation and Section 42-46-5(a)(1) Personnel; to interview Albert E. Nani, III and Stefanie Howell for possible reappointment to a Town board or commission. Motion is approved by a unanimous 5/0 vote.
President Lawton reported that no votes were taken in executive session that are required to be reported pursuant to RIGL§ 42-46-4.
Member Tassoni states that the Gallagher Middle School 2024 boys/girls track team won the Divisional Northern RI Championship. On behalf of the Town Council the coaches are presented with a Certificate of Recognition.
Move that the minutes of the May 21, 2024 executive session meeting held pursuant to Rhode Island General Laws Section 42-46-5(a)(2); Potential Litigation, Rhode Island General Laws, Section 42-46-5(a)(2) Collective Bargaining: Local 2050, International Association of Firefighters, AFL-CIO MOA, and Section 42-46-5(a)(1) Personnel; to consider, discuss, and act upon the Chief of Police employment agreement and to interview Elizabeth Leach and Greg Guertin for possible appointment to a Town board or commission be approved as recorded and sealed.
Motion is made by Member Tassoni, seconded by Vice President Iannotti, that the minutes of the May 21, 2024 executive session meeting minutes be approved as recorded and sealed. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Tassoni, seconded by Vice President Iannotti, that the minutes of the May 21, 2024 open session meeting be approved as recorded. Motion is approved by a unanimous 5/0 vote.
Motion is made by Vice President Iannotti, seconded by Member Toppi, that the Smithfield Town Council hereby appoints Gregory Guertin to the Land Trust with a term expiring in September of 2024. Motion is approved by a unanimous 5//0
Motion is made by Member Kilduff, seconded by Vice President Iannotti, that the Smithfield Town Council hereby appoints Elizabeth Leach to the Conservation Commission with a term expiring in July of 2026. Motion is approved by a unanimous 5/0.
President Lawton declares the public hearing open.
Member Toppi explains the following: This item before the council this evening is the first part of a series of items that Vice President Iannotti and she are introducing to promote good government. In their eyes, this means accountability, transparency, and public participation. This amendment is for the residents, taxpayers, their children, etc. in the future.
This would permit anyone from the public to speak at any board/commission meeting whether the subject matter is docketed or un-docketed as long as the subject matter is within the jurisdiction of said board.
The Chairs of each board would still have the flexibility to set reasonable limits on public comment as they see fit. In general the Chairs of each board already give the public
opportunities to speak, if they wish, right now.
This amendment would just solidify that in an official capacity.
Member Toppi reads the legislative purpose: “The purpose of this section is to promote government transparency and accountability by encouraging residents to participate in public meetings, thereby providing a forum for them to provide input including the expression of any concerns they may have regarding the Town government”.
Vice President Iannotti states the following: He feels that it is so important to have public participation. The way Town Council is run now mirrors this, as people are allowed to come up when they are considering something. This is also allowed at the end of a meeting when people can comment on any matter. He feels this is one of the strengths we have here in Smithfield. The council does not know all the facts or have all the answers, and there are some terrific people in Town with great backgrounds, many serve on boards/commissions. They do a fantastic job of advising the council. The council would like to have much more participation, and this sends a message that the council really welcomes participation. The public comes to council meetings or board/commission meetings and presents the council with ideas, facts the council may not know about, and opinions. This is so helpful to the council in making decisions that are for the betterment of our residents.
Thomas Hodgkins, 200 Farnum Pike states the following: He encourages the members to support this amendment because it is an important aspect of these meetings and what the Town is doing here. One of the important aspects of this, where it has been lacking, is at the Planning Board meetings with regard to zoning amendments. There is a great deal of “hot” zoning items coming through. There has been no public input on this because the Planning Board does not permit public comment on planning/zoning amendments. They allow comment on projects but not on amendments. That perspective is important that when it comes before the council with that input. He also hopes that, implicit of the purpose of this, is that other boards/commissions will not put other restrictions on public comment, which subtly are meant to “snuff out” the public comment. Such as requiring people to sign up in advance to speak during public comment and identify what they speak on. To him, this does not serve a real purpose and limits who can speak. He believes that is the School Committee’s practice right now. He hopes the purpose is clear from this amendment, that the council would not expect any of the boards/commissions to be doing things like that.
Hearing no further comments, President Lawton closes the public hearing.
President Lawton questions how this will be “policed”. Town Manager Rossi explains that it must be ensured that the “public comment” section is added to all agendas, monitoring via the recording secretaries, and if something is witnessed, bringing to his attention.
Motion is made by Member Toppi, seconded by Vice President Iannotti, that the Smithfield Town Council hereby authorizes amendments to the Code of Ordinances, Chapter 11 entitled “Boards and Commissions. Motion is approved by a unanimous 5/0 vote.
1. Speedway, LLC d/b/a “Speedway #02821”, 263 Putnam Pike
Motion is made by Member Tassoni, seconded by Member Kilduff, 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. Speedway, LLC d/b/a “Speedway #02821”, 263 Putnam Pike
Motion is approved by a unanimous 5/0 vote.
· Saturday, July 13, 2024 from 6:00 p.m. to 10:30 p.m.
All Special Event Licenses for Seven Cedars Farm are subject to compliance with all State regulations, local ordinances and inspection from the Smithfield Fire Department.
Member Toppi states that considering the tragic event that occurred the last time, she questions what safety precautions have been put in place.
John Emin, Jr., owner of Seven Cedars Farm, explains that he has done everything possible to avoid any further accidents, and he has asked the Fire Chief to come and review all of the events that are being offered. Mr. Emin invites the police and any other Town official to do the same. Mr. Emin feels that the more people that are involved, the better the event.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council approve one (1) One-Day Special Event License for Seven Cedars Farm for “Summer Haunted Hayride”, 20 John Mowry Road on the following date:
· Saturday, July 13, 2024 from 6:00 p.m. to 10:30 p.m.
All Special Event Licenses for Seven Cedars Farm are subject to compliance with all State regulations, local ordinances and inspection from the Smithfield Fire Department.
Motion is approved by a unanimous 5/0 vote.
Member Tassoni questions where this cart will be located. Matt Lyons, owner of Wally’s Hot Dog Cart states that he will be at the Bryant University events.
Motion is made by Member Kilduff, seconded by Vice President Iannotti, that the Smithfield Town Council approve a new Peddler’s License for WW Newport, LLC d/b/a “Wally’s Hot Dog Cart”, 250 West Main Road, Middletown, RI to sell hot dogs from a cart with RI Reg. # 12993-98092, subject to compliance with all State regulations and local ordinances. Motion is approved by a unanimous 5/0 vote.
President Stephen Cicilline explains the following: The Greenville Library was created by legislative charter in 1882, and under the terms of its creation, it was to promote library services and social intercourse. In today’s library, they have gone far beyond those dated requests. Under the created charter, they could adopt by-laws, sue and be sued, and hold real and personal property. The Board of Director’s oversee the library services, and under that there is a director. The director handles the particular library programs and services, however, she is limited because the library needs the approval of the Board of Trustees for the expenditure of money. The director is under the direct supervision of the Board of Trustees. The services provided and overseen by the director and the staff.
Solicitor Gallone asks President Cicilline to give the council an overview of the litigation that took place relative to the APRA request. Solicitor Gallone states that this has been an issue for a while, and everyone is in the middle of the budget looking at finances and funding. Solicitor Gallone further states that issues have arisen as to the Town’s funding, and both libraries have a substantial amount of money and provide a vital service to the Town. Solicitor Gallone also states that in this case, the question is how much taxpayer money was utilized to finance this litigation, where the attorney needed to be paid as well as the ensuing judgement handed down by the Supreme Court.
President Cicilline explains the following: There was a lawsuit filed against the library due to violating the Access to Public Records documents, and the suit went on for a period of time. It was not the party itself, but rather the attorney, that was pursuing the litigation. During the term of the litigation they made several offers/attempts to settle. The litigation went to the Supreme Court and there was a resolution. Has the Town’s money been expended for this purpose? The Town, state, and library support the operating services of the library. From the 2023 budget, the operating expenses of the library were $1.2M. The Town gave them $913,000, the state $195,000, therefore, there is a shortfall. The shortfall is approximately $105,000. The library must come up with the support of that shortfall.
The audit shows there were expenses paid for the attorney and for the suit itself. The litigation lasted over a five (5) years. The 2023 audit shows that there was a difference between 2022 and 2023 of approximately $30,000. The difference of paying that litigation came from the library’s savings.
With regard to the rest of the money, the library needed to come with $100,000.
Solicitor Gallone questions the amount of the total judgement and if the judgement was comprised. President Cicilline states the amount was $70,000.
President Cicilline continues to explain: The library had a shortfall of $105,000, and $60,000 of the money came from their investments, $13,500 came from the library’s fines/fees and fundraising. The remainder of $27,000 came from that same source. Approximately $40,000 came directly from the library’s fines/fees (investments). None of the funds came from the Town’s support of the library.
Vice President Iannotti questions the fund (savings) that is set aside and where the savings come from. President Cicilline states that savings come from interest earned, fees, and fines. President Cicilline assures the members that none of the savings come from Town money, and the shortfall is made up from their own reserves.
Vice President Iannotti questions how much is in the savings. President Cicilline states there is approximately $150,000 remaining in their savings. President Cicilline further states that sometimes the library receives donations, and they are earmarked for a specific purpose.
Vice President Iannotti questions the library’s record request procedure, and how they know whether to comply with a request or not. President Cicilline states that they relied on their attorney at the time. Vice President Iannotti also questions if the library did not respond to the request and waited for the attorney before responding. President Cicilline states that is why they have an attorney. President Cicilline reminds the members that they are a corporation, and they have a responsibility to maintain that corporation and to provide the library services directed in its enabling Act.
Vice President Iannotti sates that the Town is providing 70% of the library’s funding, and the Town has a responsibility to the taxpayers. Vice President Iannotti further states that if the Town has to provide level funding, the Town must provide at least the amount of last year’s funding or state aid will be lost.
Vice President Iannotti also states that he does not see where the taxpayers are being represented because there is a board that is not elected or appointed, therefore, it is separate from Town government, yet they provide 70% of the funding to operate.
President Cicilline states that the board is elected at an annual meeting. Vice President Iannotti states they are not elected by the voters of the Town. President Cicilline states that if they are members of the corporation, then yes. Vice President Iannotti questions how many members the corporation has. President Cicilline states the corporations consists of two hundred (200) members.
Member Toppi questions if the same attorney is still representing the library. President Cicilline confirms that this attorney no longer represents the library.
Member Toppi questions what steps the library has taken to ensure future APRA requests are handled appropriately. Member Toppi is surprised that an attorney would advise against that.
President Cicilline states the following: There is another litigation existing which is based on a suit on damages. The library has insurance through The Trust, and they are representing the library, and any resulting claim will come from The Trust.
Member Toppi again questions what steps the library or the board has taken to ensure future APRA requests are handled appropriately. President Cicilline states that the library has a new attorney.
Vice President Iannotti states that he read the Supreme Court decision, and he thinks it is a travesty because these documents should have been turned over. Vice President Iannotti also thinks this was one of the easiest cases the Supreme Court has ever had.
President Cicilline explains that he is not going to dispute what President Iannotti has said because he read the opinion as well.
Solicitor Gallone states that the APRA request was related to an unsuccessful bidder who was looking for documents for the parking lot paving, and he questions if the pending litigations is related to damages accrued from the unsuccessful bid. President Cicilline confirms that the damages are related to the unsuccessful bid.
Vice President Iannotti states the that there are two (2) separate libraries, with two (2) separate boards, with the Town financing approximately $1.5M and questions why there needs to be two (2) separate administrations for the libraries.
President Cicilline explains that this question has been asked for forty (40) years. President Cicilline further explains that it is a question of if the Town is willing to accept the missions of both libraries. President Cicilline also explains that the libraries perform certain services, and one (1) is exceeding the other in the kind of services that they provide.
President Cicilline states the following: The council is talking about a merger, and for years, the council has pitted the libraries against one another. The money the Town gives to each library allows them to exist and continue to provide their services, and joining them may be a concept that violates the individuality of the corporation. There is a concept that would allow for someone to conduct a feasibility study to examine the strengths, availability, size of the building, and the amount of staff. Then devise a reasonable plan. There has been communication with the people at the East Smithfield Library and talking to the Town Manager in hopes of making progress.
Vice President Iannotti states that is a technical reason, and he is asking a practical question about the administration. Vice President Iannotti further states that the Town wants to keep the two (2) facilities and keep the programs. Vice President Iannotti feels that it would make more sense to have a unified administration with more input from Town government.
Vice President Iannotti also feels that there appears to be no Town government representation.
President Cicilline questions why the council feels that Town government can provide better direction to a library which are each individually run by professional people who have the education to put programs forth, oversee the staff and respond to the needs of the Town.
Vice President Iannotti states that it is not a question of direction, but a question of accountability because there is a great deal of taxpayer money involved, and there needs to be accountability to the taxpayers.
President Cicilline states that is why they submit an audit and a budget, allowing the council to have the opportunity and a responsibility to ask questions.
Solicitor Gallone questions who legal counsel for the library at this time. President Cicilline states legal counsel is Monica Horan.
Vice President Iannotti questions if the library has the ability to consult with the Town Solicitor. Town Solicitor reminds the members that they are independent, however, as a result of the circumstances and moving forward, closer coordination. President Cicilline explains that they would like to achieve this and be able to cross this bridge meaningfully so that it does not affect either library. President Cicilline feels that there will be a great deal of legal expenses to effectuate this, but that person will be able to do that study properly. President Cicilline does not feel it is fair for each of the libraries to devise a plan, however, there may be ways to appease what the council is trying to achieve.
Solicitor Gallone questions how many trustees are on the board. President Cicilline states that there are fifteen (15) trustees. Solicitor Gallone also questions how many trustees East Smithfield Library has. President Cicilline states they have seven (7) trustees. Solicitor Gallone states that in total there are twenty-two (22) trustees for two (2) libraries.
Member Toppi questions if the two hundred (200) members he spoke of earlier are Smithfield residents. President Cicilline confirms they are residents.
Thomas Hodgkins, 200 Farnum Pike, states the following: He thinks one (1) of the rules of the council, as custodians of the taxpayer’s money, is to ensure that this government is operating transparently and the money is spent appropriately. The council needs to ensure that no more money than is absolutely necessary needs to come from the taxpayers to run these basic services. He thinks everyone is in agreement that the library’s mission is important, and it is an important service for people in the Town, however, money spent on administration and duplicative costs is not money that is spent on the mission or services. If there is a way to do that more efficiently, it would improve services for the customers.
He brought these issues to the council over the past year in terms of the lawsuits, governance issues, open meeting violations, and APRA violations. One of the issues was that these lawsuits were never disclosed to the Town or disclosed properly in the audits. The Town’s contract with the auditing firm required the audit to be completed and submitted to the Town by the January.
This did not happen in any of the past three (3) years. He understands about the mission for the library, however, when there are issues with the audit that concerns him. The Superior Court judgement was entered as a final judgement in September 2021, the Supreme Court judgement was in 2023, and there was another judgement for additional fees in January 2024.
The other lawsuit having to do with the bid was filed in February 2022. The judgement was never disclosed in any of the other audits and neither was the other lawsuit. The recent audit (Page 17) states “as of June 30, 2023, the library was named as a defendant in a lawsuit alleging violation of the Access to Public Records Act and violation of the municipal bidding statute”. This passage goes on to say that that a final judgement was entered, however, the date is incorrect.
Either this paragraph is extremely obtuse, improperly written, or both. There are two (2) lawsuits right now, and that is not what the audit says. He is not sure if this is an issue with the auditor or with the library, but it is an issue when things are not correct in the audit.
In the audit, since it is being done a year later, has representations that the auditor has not been informed by management that any other change in conditions since completion of the audit. Not only was it not in the original, it was not listed in the next year.
The May 23, 2024, agenda for the library had a review of minutes for “potential litigation”. Assuming that the library is following the Open Meetings Act, the agenda item for “potential litigation” means that they have received a real threat of another litigation or another claim that has been asserted against them. That is why they needed to meet in executive session. Mr. Hodgkins questions what the new/additional litigation.
His concern is what the exposure is to the Town at this point. He understands the President’s comments in terms of the exposure on the bid statute. He hopes that the library would be able to provide the Town with written correspondence from its carrier that there is no reservation on the payment of any judgement.
Based on the information he received from the APRA it showed that the legal fees were in excess of $100,000 as of December 2022. This does not include the judgement of $60,000 and the additional $17,000 from the judgement earlier this year. This number is probably approaching $200,000 at this point.
He finds it difficult to swallow that because it was taken from the library’s reserve fund, that the taxpayer’s money was not involved. When the money is drained down from the reserve fund, then the library comes before the council asking for additional money for “routine maintenance”. In his view they need that money because they have already spent on things like this lawsuit, and in the end, it is still costing the taxpayer money.
In future years the Town will be facing a tough budget and it will be difficult to minimize raising taxes due to the state’s identifying a shortfall of $225M for FY25 and FY26. We can anticipate that one of the impacts of that budget shortfall is that the state will “pull back” on municipal and state funding in order to balance their budget. The burden will then by placed on the municipal body to raise taxes to make up for the difference.
He thinks it is critical that we have a conversation about where there is structural savings to be had in this budget.
Member Toppi states the following: This discussion is giving the appearance that there “may” be some transparency issues, and it brought up something with the library that she observed. Last year she attended a DEI Taskforce meeting, and one of the individuals advised that he did meet with the Greenville Library, and she does not know who. They were discussing possibly collaborating in some fashion. She reminds the members, that this was according to the individual, and she was not there. There was reason to try to keep it quiet, so to speak, because it may be controversial in some way. She is bringing this up because there seems to be or “may” be some sort of transparency issue there. She hopes that is not the case because of all these things add up, and it is not necessarily the best look. She is not accusing anyone of anything, this is just what she was told. It was a public meeting, and she was present for it.
President Cicilline states the following: The previous speaker made mention that someone was not informed of the lawsuits. Lawsuits are a matter of public record, it is in Superior Court, and may have been in the newspaper. The speaker made mention of two (2) lawsuits, and there is only one (1) lawsuit pending.
Solicitor Gallone explains that Mr. Hodgkins was referencing the May meeting agenda that said “discussion concerning potential litigation”. Solicitor Gallone is not sure if that was a mistake or a discussion about pending litigation. President Cicilline states that there is no pending or potential litigation that they know of.
President Cicilline explains the following: The speaker made a request of them to see if the insurance carrier has any reservation on making payment under the contract. If you practice law longer enough, you know there is a contract and the provisions are spelled out. They may be a portion you need to pay upfront (deductible). There is no reason to question that The Trust is representing them because they have already entered the case. There is no need for the council to make that request of the library.
Solicitor Gallone questions the amount of the deductible. President Cicilline states the deductible is $2,500. President Cicilline questions where Mr. Hodgkins came up with the figure of $200,000.
President Cicilline is sorry that there was some mention of the library not operating “above board”. President Cicilline assures the council that there is not one (1) member of their board that would, in any way, wish to do anything illegal, take advantage of Town money or misuse the responsibility they have.
Director of the Greenville Public Library Dorothy Swain states the following: To address Member Toppi’s concern, she did meet with that gentleman. They had a good discussion, and she offered any services he needed from the library. It sounded to her that things were not quite cohesive with that group, but she did say that, when and if it happened, they would be happy to support whatever came to them. She was at that meeting and knows what she said to him. Her assistant was with her as well.
Town Manager Rossi explains the following: This MOA is to evaluate, for a period of one (1) year, to change our current shift structure to a twenty-four (24) hour shift structure. This provides a substantial benefit to our membership to be able to live their lives and spend time with their family. This also brings continuity to the operation with having them on shift for twenty-four (24) hours, and it is the expectation as it is evaluated over the year, there will potentially be a savings in overtime. A twenty-four (24) hour shift is a deterrent for someone to take a day off versus a shorter shift.
Vice President Iannotti questions if other fire departments have successfully implemented this. Town Manager Rossi states other departments have implemented this, and it has been successful on both sides (for the community and the membership). Town Manager Rossi further states that it was discussed amongst enough firefighters of the benefits to it, and the membership brought it to his attention. Town Manager Rossi also states the he and Chief Seltzer had the opportunity to review it and work with the union.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby authorizes a Memorandum of Agreement (MOA) modifying the Collective Bargaining Agreement for the Period July 1, 2023 through June 30, 2026 between the Town of Smithfield and the Smithfield Fire Fighters, Local 2050, International Associations of Fire Fighters, AFL-CIO. Motion is approved by a unanimous 5/0 vote.
Town Manager Rossi explains the following: This item is a “housekeeping” item to help the Town with the recent retirement announcement of Chief St. Sauveur and the promotion of Deputy Chief Dolan to Chief. They are in the process of continuing that progression on promotions within the department. Under the current agreement, it required a deadline to the posting of shifts. This will allow for extending that time to do the posting in conjunction with the union, who is completely supportive of this. There is no financial effect of this.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby authorizes a Memorandum of Agreement (MOA) modifying the Collective Bargaining Agreement for the Period July 1, 2023 through June 30, 2026 between the Town of Smithfield and Smithfield Lodge No. 17, Fraternal Order of Police. Motion is approved by a unanimous 5/0 vote.
Finance Director Caitlyn Choiniere explains the following: The Town went out to bid for the FY2024 audit services and there were two (2) bidders. They did not feel this was a good choice for the Town.
President Lawton questions if different verbiage will be used for the next RFP. Town Manager Rossi explains that there were conversations with the bidders, and there was confusion about some of the entities that are included in the pricing. This is why some of the bid dollars came in high, however, once explained, the bidders are not re-bidding due to staff changes. This will give the Town an opportunity to get it “more in line” with well-run operation.
Vice President Iannotti questions the bids being to too high for the type of services the Town was requesting, and there was a misunderstanding as to the services. Director Choiniere states that the Town was able to better explain what was needed for the Town, school, library, etc.
Vice President Iannotti questions the bidders rebidding. Director Choiniere states that those bidders told her that they would bid again.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby Rescind RFP #240508 – Proposal for Financial Audit Services and Agreed-Upon Procedures. Motion is approved by a 5/0 vote.
Motion is made by Member Tassoni, seconded by Member Kilduff, Smithfield Town Council hereby authorizes the advertisement of an RFP for Financial Audit Services and Agreed upon Procedures (including the School Department) for Fiscal Year Ending June 30, 2024, with two, one year extension for Fiscal Years Ending June 30, 2025 and June 30, 2026. Motion is approved by a unanimous 5/0 vote.
DPW Director Gene Allen explains the following: At the September 19, 2023 meeting he requested approval to purchase a 2024 International HV607 – 41,000 GVW Cab and Chassis to replace one 1994 Ford L‐8000 dump truck. The council voted to approve the purchase. He was trying to get ahead of other people in terms of getting a “built slot” with the manufacturer, and he has not been able to secure a spot for the 2024 International at this point and all of 2024. All of the “built slots” are tied up until 2025. This would be beyond the time for the existing procurement act this was purchased under.
He would have to negotiate at some point, and then comeback before the council to request that this same truck be purchased, at what would be a higher price. In the meantime he has been working with the dealer, and they had a truck that became available in New Hampshire.
The truck was brought to him so that he could take a look at it. It is essentially the same truck that was purchased with the exception of it being heavier and larger tires. That truck is $141,000 through the current contract as opposed to the $123,000. It is available now, and they are waiting for this evening’s vote.
One of the other agenda items is for the swaploader which goes on the back. This was not part of the first one because he was not sure the cab and chassis would be coming in.
The final agenda items would be to rescind the original resolution and to approve a new resolution.
Vice President Iannotti questions if this will be paid for over a four (4) year period. Director Allen states that the truck will be paid for in four (4) payments within a four (4) year period, with the first payment coming from this year’s budget. Director Allen believes he has one (1) payment dropping out every year from previous purchases.
Member Tassoni questions if this purchase will be to replace a truck. Director Allen states this will be replacing a 1994 LE1000 with 69,000 miles, and replacement parts are difficult to get.
Motion is made by Member Kilduff, seconded by Member Tassoni, that the Smithfield Town Council vote to rescind the previously approved purchase of one (1) new 2024 International HV607 41,000 GVW cab and Chassis for $123,481.18 through the Cooperative Procurement Contract, through the Metropolitan Area Planning Council, as Agent for the Greater Boston Police Council, with Allegiance Trucks, LLC of O’Keefe Lane, Warwick, RI 02888. Motion is approved by a unanimous 5/0 vote.
Member Tassoni expresses his concern about the money being spent. Member Tassoni states that we do not have a money problem, we have a spending problem. Member Tassoni further states that in the upcoming budget the Town is raising taxes by close to 6%, and the departments need to live within their means. Member Tassoni feels that a 6% tax increase is ridiculous. Member Tassoni states that he will not support this.
Motion is made by Member Kilduff, seconded by Vice President Iannotti, that the Smithfield Town Council authorizes the Town Manager to enter into a Cooperative Procurement Contract, through the Metropolitan Area Planning Council, as Agent for Greater Boston Police Council, with Allegiance Trucks, LLC of 17 O’Keefe Lane, Warwick, RI 02888, for the purchase of one (1) new 2025 International HV507 SFA 50,000 GVW Cab and Chassis for $141,052.00. Motion is approved by a 3/1 vote. Member Tassoni votes nay. Member Toppi abstains.
Vice President Iannotti questions this agenda item and the previous agenda item as being in the budget for this year. Director Allen states that they are both in this year’s budget, and the DPW has $204,000. Director Allen further states that the total together is $204,733. Vice President Iannotti questions these being capital items that the council previously approved. Director Allen confirms that the council previously approved these capital items.
Vice President Iannotti also questions this being the first lease payment. Director Allen confirms this is the first lease payment for this year, then for the next three (3) years.
Member Tassoni states that it does not mean we have to spend it.
Member Kilduff feels that there are a great deal of problems with the budgets, but not from Director Allen’s department.
Motion is made by Member Kilduff, seconded by Member Toppi, that the Smithfield Town Council authorizes the Town Manager to enter into contract, through the RI Master Price Agreement MPA #91, with DeJana Truck and Equipment Companies, at 9 Business Park Drive, Smithfield, RI 02917, for the purchase and installation of one (1) swap loader and associated equipment and services for the total cost of $63,681 00. 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 vote to rescind a previously approved Resolution for Purchase authorizing the financing of one (1) new 2024 International HV607 41,000 GVWR cab and chassis truck for $123,481.18. Motion is approved by a unanimous 5/0 vote.
Motion is made by Member Kilduff, seconded by Vice President Iannotti, that the Smithfield Town Council vote to approve the Resolution to Purchase one (1) new 2025 International HV507 SFA 50,000 GVW Cab and Chassis for $141,052.00 and a swaploader body for $63,681.00 for total cost of $204,733.00. Motion is approved by a 4/1 vote. Member Tassoni votes nay. Member Toppi abstains.
Director of Technology Scott Barnett explains the following: The bids from four (4) companies were evaluated for seventeen (17) IP-based vape sensors not to exceed $38,066.00.
The original plan was to try to include switches that these would wire back to, however, the grant this is funded under, totaled slightly under $40,000. The School Department kept it under that amount. They refurbished some devices that they currently have, and at some point in the future, they will look to put in new switches. They are able to operate under the present situation.
Member Tassoni questions if the sensors will be purchased by grant money. Director Barnett assures the members that these are being purchased with grant money.
Member Kilduff questions who would pay for the replacement of these devices if they are tampered with or broken. Director Barnett explains that in discussions with South Kingstown and North Kingstown, the purchase should include a spare device. Director Barnett further explains that the seventeen (17) areas were identified by the school administration, and there is approximately $2,000 left from the grant, that could be used to purchase an additional spare. Director Barnett also explains that at this time they would have to place it into operational funds going forward. Director Barnett states that these devices cost $1,500 a piece, and the School Department may look to have replacement money for one (1) or two (2) per year.
Member Kilduff states if this may be factored into operational expenses in the future, who will be responsible if a student breaks them. Director Barnett states that he is not the person to ask this question to, however, with the basic technology that students use, parents must sign an agreement based on the Acceptable Use Policy. Director Barnett further states if a student breaks an item, they are responsible for a certain cost level which is negotiated at the school administration level.
Member Toppi wants to explain why she will be voting nay on this item. Member Toppi explains that she is in support of stopping vaping, however, she reviewed their website again, and is not convinced that these devices cannot be programmed to detect certain spoken words. Member Toppi feels that this is a dangerous situation that “we” don’t want to be in. Director Barnett states that the version being bought does analytics of noise and chemical abnormalities, there is no recording of sound or video. Director Barnett further states that the only recording that is done is through the existing cameras outside the entrance way.
Vice President Iannotti questions how you would catch someone who breaks one. Director Barnett explains that the device itself will stop reporting because when it sense an event, and an email is sent to the administrator who can react in real time.
Member Toppi question if the devices are connected to Wi-Fi. Director Barnett states that the devices are hardwired back to the network.
President Lawton questions if the students will be told about the sensors. Director Barnett states that he would assume so, this is not something that will be hidden from them.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby award to ATG Group, Inc. the contract to furnish & install vape detector/sensors in two (2) school buildings as specified in RFP# 240430, including Cisco 9300 24HX network switches, for an amount not to exceed $38,066.00. Subject to approval by the School Committee at their Monday, June 3, 2024 meeting. Motion is approved by a 4/1 vote. Member Toppi votes nay.
Town Manager Rossi explains that this is the same rate that we are receiving on our life insurance.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby award the group life insurance contract for the period of July 1, 2024 through June 30, 2027 with the option to renew agreement for two additional years to RI Interlocal Trust. Subject to approval by the School Committee at their Monday, June 3, 2024 meeting. Motion is approved by a unanimous 5/0 vote.
Parks & Recreation Director Robert Caine explains the following: Three (3) bids were received, were reviewed, and the best bid was from Ed & Matt Equipment Services. This is for two (2) SCAG Zero Turn mowers.
Member Toppi questions if the mowing schedule for Deerfield Park is all set. Town Manager Rossi explains that the schedule is still being finalized.
Motion is made by Member Kilduff, seconded by Member Toppi, that the Smithfield Town Council hereby award the purchase of two (2) zero turn mowers, including up-fits to Ed & Matt Equipment Services located at 27 Commerce Street, Greenville, RI 02868 for an amount not to exceed $33,353.00. Motion is approved by a unanimous 5/0 vote.
Member Tassoni questions why the School Department is not present this evening. Town Manager Rossi explains that there was a scheduling change due to everything happening, however, he did discuss this with the Business Manager. Town Manager Rossi further explains
that the Business Manager evaluated this and the pricing received is very good.
Vice President Iannotti questions if these items were approved by the School Committee at last night’s meeting. Town Manager Rossi states they were approved at last night’s School Committee meeting.
Member Tassoni questions placing this item on the next Town Council agenda so that they are present.
Town Manager Rossi states that the council can choose to place it on the next agenda, however, with respect to timing this needed to be on tonight’s agenda after discussions with the CFO.
Vice President Iannotti states these are all Beacon Mutual Insurance and questions if there is only one (1) carrier for the entire state. Vice President Iannotti further states there really is not anything to decide. Town Manager Rossi feels because of the pricing they have had there was consideration for the trusted bid.
Vice President Iannotti questions if they will be keeping the price. Town Manager Rossi states that in the “scheme” of things, but he is unsure if it is exact. Town Manager Rossi further states that if it were to be bid on and transferred over to The Trust, it would be a higher value.
Motion is made by Member Tassoni, seconded by Member Kilduff, that the Smithfield Town Council hereby award RFP #24319 for workers’ compensation insurance & employers’ liability insurance to Bradford Sutcliffe Insurance Association Inc. due to the fact the company is located in the Town of Smithfield, and they were the first to submit their intent to bid from for the total amount of $77,947. The insurance carrier is Beacon Mutual Insurance. Motion is approved by a 5/0 vote.
Edward DeMayo, 75 Whipple Road, feels that putting the libraries “under one umbrella” would be a good idea. Mr. DeMayo states that if there is a shortfall on the state’s side in FY25 and FY26, the Town needs to “toe the line”.
Motion to adjourn is made by Member Tassoni, seconded by Member Kilduff, to adjourn the work session. Motion is approved by a unanimous 5/0 vote.
Meeting adjourns at 8:21 p.m.
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Town Clerk