OPEN SESSION TUESDAY January 18, 2022 - SMITHFIELD TOWN COUNCIL MEETING
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SMITHFIELD TOWN COUNCIL
MEETING
OPEN SESSION
TUESDAY
January 18, 2022
SMITHFIELD TOWN COUNCIL VIRTUAL
MEETING
TUESDAY, JANUARY 18, 2022
6:30 P.M.
Please join the meeting from your computer, tablet or smartphone.
https://www.gotomeet.me/RandyRossi/smithfield-town-council
You can also dial in using your phone.*
United States (Toll Free): 1 877 568 4106
United States: +1 (646) 749-3129
Access Code: 342-830-965
6:30 P.M. EXECUTIVE SESSION
A. Convene into executive session to consider, discuss, and act upon matters
pursuant to Rhode Island General Laws Section 42-46-5(a)(1), Personnel; Town
Manager Annual Review.
7:00 P.M. AGENDA
I. Regular meeting reconvened at 7:00 p.m.
- Announce any executive session votes required to be disclosed pursuant to
Rhode Island General Laws, Sec. 42-46-4.
II. Prayer
III. Salute to the Flag
IV. Presentations: None
V. Minutes: None
VI. Consider, discuss and act upon the following possible appointments and
reappointments:
A. Tree Warden reappointment with a term expiring in December of 2022.
VII. Public Hearings:
A. Schedule a public hearing on February 15, 2022 to consider, discuss, and act
upon amendments to Chapter 19 of the Code of Ordinances entitled “Capital
Improvements” and replacing it with Chapter 19 entitled “Capital Program
and Reserve Funds”.
B. Schedule a public hearing on February 15, 2022 to consider amendments to
Chapter 321 of the Code of Ordinances entitled “Taxation” by adding Article
VI entitled “Exempting or Stabilizing of Taxes on Qualifying Commercial or
Manufacturing Property”.
C. Conduct a public hearing to consider, discuss and act upon approving a new
Class B-Victualler Beverage License for Fresco Ditto, Inc. d/b/a “Fresco”,
181 George Washington Highway to include Outdoor Seating/Bar Service,
with the hours of operation to be Monday through Sunday, 6:00 a.m. to 1:00
a.m., as applied subject to compliance with all State regulations, local
ordinances, a copy of the Retail Sales Permit, final approval from the RI
Department of Health and final inspection from the Smithfield Fire
Department.
D. Conduct a show cause hearing to consider, discuss and act upon the possible
suspension, revocation, or other sanction regarding the listed Liquor Licenses
due to non-renewal or non-compliance with the conditions of renewal:
1. DLA, LLC d/b/a “Parma Ristorante”, 266 Putnam Pike, Unit 1
2. Ichiraku, LLC d/b/a “Ichiraku Ramen and Fusion”, 970 Douglas Pike
3. Lola’s Lounge, LLC d/b/a “Lola’s Lounge”, 55 Douglas Pike
4. Rebel Alliance Group, LLC d/b/a “Bistecca Chop House”, 332 Farnum
Pike
VIII. Licenses:
A. Consider, discuss and act upon approving a new Victualling License for
Fresco Ditto, Inc. d/b/a “Fresco”, 181 George Washington Highway, as
applied, subject to compliance with all State regulations, local ordinances, a
copy of the Retail Sales Permit, final approval from the RI Department of
Health and final inspection from the Smithfield Fire Department.
B. Consider, discuss and act upon approving a new Entertainment License for
Fresco Ditto, Inc. d/b/a “Fresco”, 181 George Washington Highway, as
applied, subject to compliance with all State regulations, local ordinances and
a final inspection from the Smithfield Fire Department.
C. Consider, discuss and act upon approving a new Special Dance License for
Fresco Ditto, Inc. d/b/a “Fresco”, 181 George Washington Highway, subject
to compliance with all State regulations, local ordinances and a final
inspection from the Smithfield Fire Department.
D. Consider, discuss and act upon approving the renewal of three (3) Victualling
Only Licenses, as listed, as applied, subject to compliance with all State
regulations and local ordinances:
1. ALG 33 Enterprises, Inc. d/b/a “Piezoni’s”, 259 Putnam Pike
2. Target Corporation d/b/a “Target Store T-1404”, 371 Putnam Pike
3. Vibe Nutrition RI, LLC d/b/a “Vibe Nutrition, LLC”, 285 George
Washington Highway
E. Consider, discuss and act upon approving the renewal of one (1) Mobile Food
Truck License, as applied, subject to compliance with all State regulations and
local ordinances.
1. Rhode Island Kona, LLC d/b/a “Rhode Island Kona”, to sell only frozen
ice from a truck with RI Reg. number 21700, 4 Cider Lane.
IX. Old Business: None.
X. New Business:
A. Consider, discuss, and act upon the acceptance of the Audit Report for Fiscal
Year Ending June 30, 2021 prepared by Hague, Sahady & Co., P.C.
B. Consider, discuss, and act upon approving the purchase of one (1) Clovis
Training System for Fire Training Structures, LLC, in the amount of one
hundred and eleven thousand dollars ($111,000.00) to be funded by FEMA
Assistance to Firefighters Grant EMW-2019-FG-10214 and co-share
payments from the Greater Woonsocket Fire Chiefs Mutual Aid Association.
C. Consider, discuss, and act upon authorizing the purchase of one (1)
rescue/ambulance, one (1) engine/pumper truck, and one (1) tower ladder
truck from Greenwood Emergency Vehicles of North Attleboro, MA, through
the Houston-Galveston Area Council contract, for an amount not to exceed
two million, one hundred and fifty-five thousand, nine hundred and fifty-three
dollars ($2,155,953.00) to be funded by the EMS billing account.
D. Consider, discuss, and act upon approving tax abatements in the amount of
five hundred, fifty-nine dollars and fifty-seven cents ($559.57).
XI. Public Comment
XIV. Adjournment.
AGENDA POSTED: THURSDAY, JANUARY 13, 2022*
*It is advised that you download the GoToMeeting app from gotomeeting.com in advance of the
meeting.
**If you are participating in the virtual meeting from your phone, please hit “*6” to mute and unmute
yourself.
***Documentation relating to agenda items can be found on the Town of Smithfield website at
https://www.smithfieldri.com/2021-meeting-agendas/.
The public is welcome to any meeting of the Town Council or its sub-committees. If communication assistance
(readers/interpreters/captions) or any other accommodation to ensure equal participation is needed, please contact
the Smithfield Town Manager’s office at 401-233-1010 at least forty-eight (48) hours prior to the meeting.
Recommended Motion: That the Smithfield Town Council hereby schedules a public hearing on February 15, 2022 to consider and act upon amendments to Chapter 19 of the Code of Ordinances entitled “Capital Improvements” and replacing it with Chapter 19 entitled “Capital Program and Reserve Funds”.
It is hereby ordained by the Town of Smithfield as follows:
Section 1. Part One(1) of the Smithfield Code of Ordinances entitled “ General
Legislation” is hereby amended by repealing Chapter 19, entitled “Capital Improvements”
and replacing it with Chapter 19 entitled “Capital Program and Reserve Funds” which
shall read as follows :
Chapter 19. Capital Program and Reserve Funds
Article I. Definitions
§ 19-1. Definitions.
The following terms, when used in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
CAPITAL IMPROVEMENT PROJECT
Shall include the following:
(a) The acquisition of land;
(b) The lease of land or buildings;
(c) The acquisition or construction of buildings or facilities, including preconstruction,
survey and engineering costs;
(d) The improvement, expansion or reconstruction of existing buildings or facilities in
excess of normal maintenance work; and
(e) The purchase of items of equipment which have a useful life in excess of five years
and which have a cost in excess of $10,000.
PUBLIC FACILITIES
(a) Water supply production, treatment, storage and distribution facilities;
(b) Wastewater and solid waste collection , treatment and disposal facilities;
(c) Roads, streets, bridges, including rights-of-way , traffic signals , landscaping and
local improvements of state and federal highways;
(d) Stormwater collection, retention, detention, treatment and disposal facilities, flood
control facilities, flood control facilities, bank and shore projections and enhancement
improvements;
(e) Parks, open space areas and recreational facilities;
(f) Police, emergency medical, rescue and fire protection facilities;
(g) Public schools and libraries; and
(h) Other public facilities consistent with the Smithfield Capital Improvement Plan or
Comprehensive Community Plan; including but not limited to historic preservation or
restoration projects.
Article II. Capital Program
§19-2. Capital Committee.
(a) There shall be one Capital Committee for the entire Town, including the Smithfield
Public Schools (Smithfield School Department) and all other Departments of the Town of
Smithfield. The Capital Committee will be an advisory board to the Smithfield Town
Council and shall consist of eleven (11) members: Three(3) members of the School
Department (One member of the School Committee, the School Superintendent, and the
School Facilities Director) , Two (2) members of the Budget and Financial Review
Board, One(1) member of the Asset Management Commission , The Town Finance
Director , The Town Planner, Two (2) Town Council members who shall be selected by
the Town Council President and the Town Manager.
(b) Submission to Town Council.
The Capital Committee shall meet quarterly and prepare and submit to the Town Council,
three (3) months before the operating budget submission date, a twenty (20) year Capital
Program consisting of four(4) increments having a duration of five (5) years each . On or
before November 1st, of each year all Town Departments and agencies shall submit
requests for capital improvement projects to the Capital Committee in accordance with
the procedures outlined in the “Capital Budget Manual of Procedure” published by the
Smithfield Planning Board. The Town Council by resolution shall approve the Capital
Program with or without amendment after the public hearing and on or before the third
(3rd) Thursday of February of the current fiscal year.
(c) Contents. The Capital Program shall include:
1) A clear general summary of its contents; including but not limited to capital revenues,
debt service, and what capital needs require bonding, etc.;
2) A list of capital improvements and other capital expenditures which are proposed to
be undertaken during the five (5) ensuing fiscal years, with appropriate information as
to the necessity of each item;
3) Cost estimates and recommended time schedules for each improvement or other
capital expenditure;
4) Confirmation with the Town Treasurer to ascertain the availability of the Town funds
and method of financing to support the project;
5) The estimated annual cost of operating and maintain the facilities to be constructed or
acquired;
6) The Capital Program shall be revised every year with regard to capital improvements
that are still pending or in the process of construction or acquisition;
7) A Town Council resolution shall be required on all capital items in excess of ten
thousand dollars ($10,000).
(d) Life of Assets.
If the Town finances a capital project through the issuance of bonds the useful life of the
asset shall be at least equal to the term of the bond.
§ 19-3. Priority rating of projects.
In formulating the program for capital improvements the Capital Committee shall
establish a priority list of proposed projects. Such a priority list shall be based on the
general needs of the community with due regard for:
A. Protection of life and public health;
B. Protection of property;
C. Protection and proper exploitation of natural resources;
D. Provision of essential public services;
E. Replacement of obsolete facilities;
F. Improvement of operating efficiency; and
G. Improvement of social and cultural values.
§ 19-4. Town Council Action on Capital Program.
(a) Notice of Hearing.
The Town Council shall publish in one (1) or more newspapers of general circulation in
the Town a general summary of the Capital Program and a notice stating:
1. The times and places where copies of the Capital Program are available for inspection
by the public and;
2. The time and place, not less than two weeks after such publication, for a public
hearing on the Capital Program.
(b) Adoption.
The Town Council by Resolution shall adopt the Capital Program with or without
amendments.
Article III. Reserve Funds
§ 19-5. School Capital Reserve Fund.
(a) The Town of Smithfield hereby establishes the School Capital Reserve fund that will
adhere to the applicable Rhode Island General laws governing School Department
autonomy. The purpose of the fund is to augment the Smithfield Public School’s capital
budget that is approved through the Town’s annual budget process and ensure that the
Smithfield School Department complies with the minimum threshold for capital
maintenance requirements for approved projects under Rhode Island General Law 16-7-
23.
(b) The Town Manager’s annual budget that is submitted to the Budget and Financial
Review Board shall include an appropriate amount to be deposited into the School
Capital Reserve Fund.
(c) The School Capital Reserve Fund shall be used for funding school facility capital
improvement expenditures in excess of $50,000 with a useful life of 10 years or more. A
Town Council resolution shall be required for any expenditure from this fund.
(d) The Town’s twenty-year Capital Program will serve as a basis for capital expenditures
from this fund.
(e) All Rhode Island Department of Education reimbursements received due to expenditures
from this fund shall be deposited into this fund.
§ 19-6. Capital Reserve Fund and Land Trust Reserve Funds.
The Capital Reserve Fund and Land Trust Reserve Fund will be used for the
accumulation of funds prescribed in Article V, Financial Procedures, §C-5.08 Reserve
Funds, of the Smithfield Town Charter as amended in November, 2020. The Capital
Reserve Fund shall be available to the Town as necessary for expenditures relating to
certain capital expenditures pursuant to local ordinance. The Land Trust Reserve Fund
shall be used exclusively by the Smithfield Land Trust for the acquisition and
preservation of real property pursuant to the legislative charter of said land trust.
Expenditures from the Capital Reserve Fund and Disbursements from the Land Trust
Reserve Fund shall be shall be authorized by a Town Council Resolution.
§ 19-7. Capital Reserve Fund Purpose.
The Capital Reserve Fund shall be used for funding capital improvement expenditures in
excess of $50,000 with a useful life of 10 years or more. This policy does not preclude
the funding of any additional capital assets from the general fund or other sources. The
Town’s twenty-year Capital Improvement Plan or Comprehensive Community Plan will
serve as a basis for annual capital appropriations.
§19-8. Disbursement of Funds.
A. By the first of March each year, the Town Manager shall submit to the Budget and
Financial Review Board a Budget for the ensuing fiscal year. This budget may include
capital improvement expenditures funded from the Capital Reserve Fund.
B. Any subsequent increases or decreases to the expenditures from the Capital Reserve Fund
proposed by the Town Council will follow the procedure outlined in the Town Charter
for increases or decreases in the budget. Moreover, all expenditures from the Capital
Reserve Fund must be approved by a specific resolution at the Town Council public
budget hearing.
C. In no event shall the sum of funds appropriated under this article exceed the total funds
available in the Capital Reserve Fund at the time of appropriation.
D. The Smithfield Town Council shall oversee the expenditure of all funds disbursed under
this article.
E. Should an “emergency” situation arise, under Section C-5.10(a) of the Town Charter an
emergency appropriation [following budget adoption] could be implemented.
§ 19-9. Reporting
The Town’s Finance Director shall maintain all records of the reserve funds in
accordance with general accepted accounting principles and practices. A report of the
fund balances as well as collections to and disbursements from the funds shall be made
annually in the annual audit report as well as a report in the annual budget presentation.
Section II. This ordinance shall take effect thirty (30) days after its adoption.memorandum
DATE: January 10, 2022
TO: Smithfield Town Council
FROM: Christopher Celeste, Tax Assessor
RE: Proposed amendment Code of Ordinances, Chapter 321, Sections 17 through 26
A tax stabilization agreement is a highly useful tool to facilitate economic development. The proposed
amendment allows the Town of Smithfield to enter into an agreement for purposes of stabilizing taxes
on businesses expanding their facilities in, or relocating to, the Town of Smithfield. The ordinance sets
a minimum investment threshold, as well as requires that all taxes and fees remain current before and
during the term of an agreement. The ordinance also stipulates that any business subject to an
agreement, when adding or replacing employees must give deference to Smithfield residents. Terms
of an agreement under this ordinance would be limited to a maximum of ten years.
The proposed ordinance has been recently updated to more specifically define the application process.
Additionally, a new section has been added which requires annual review of compliance with terms of
the agreement and this ordinance. Along with non-payment of taxes; non-payment of any fees and/or
any violations of local code have been included as grounds for nullification of the agreement, thus
causing all relief given to be due and payable back to the Town. The minimum investment threshold
to qualify has also been increased.
This ordinance is intended to be a general framework which will be used for a specific agreement based
on individual components of each application. All agreements will need to be created as a contract
between the Town and the taxpayer under the terms of this proposed ordinance.
It is our request that the Town Council schedule a public hearing on February 15, 2022 to consider
the proposed amendment.
MOTION:
That the Smithfield Town Council hereby schedules a public hearing on February 15, 2022
to consider amendments to Chapter 321 of the Code of Ordinances entitled “Taxation” by
adding Article VI entitled “Exempting or Stabilizing of Taxes on Qualifying Commercial
or Manufacturing Property”.SECTION 1. CHAPTER 321 OF THE SMITHFIELD CODE OF ORDINANCES ENTITLED
“TAXATION” IS HEREBY AMENDED BY ADDING THERETO THE FOLLOWING
SECTION ARTICLE VI ENTITLED “EXEMPTING OR STABILIZING OF TAXES ON
QUALIFYING COMMERCIAL OR MANUFACTURING PROPERTY”
ARTICLE VI
EXEMPTING OR STABILIZING OF TAXES ON QUALIFYING COMMERCIAL OR
MANUFACTURING PROPERTY
321-17 Purpose. This chapter is adopted pursuant to the authority in R.I. Gen. Laws § 44-3-9.11
for the purpose of establishing requirements and procedures by which the Town Council may enter
into agreements with property owners to exempt or stabilize taxes on real or personal property
used for manufacturing or commercial purposes, in order to encourage economic development,
expansion, redevelopment and/or rehabilitation of existing manufacturing, industrial and
commercial buildings as well as the new development of manufacturing, industrial and commercial
buildings or structures on appropriately zoned land.
321-18 Definitions. As used in this chapter, the following words or phrases shall have the
following meaning:
A. “Commercial property” means any structure or facility, or other real or personal
property, used primarily for offices or commercial enterprises.
B. “Manufacturing property” means any structure or facility, or other real or personal
property, used in the process of working raw materials into wares suitable for use or
that gives new shapes, new quality or new combinations to matter that already has gone
through some artificial process by the use of machinery, tools, appliances, and other
similar equipment, and any structure or facility used for distribution, warehousing, or
storage of goods.
321-19 Authority. Upon application, and after advertisement and public hearing, the Town
Council may enter into an agreement with the owner of commercial or manufacturing property
located in the Town, or proposed to be located in the Town, to exempt from payment of municipal
property tax, in whole or part, or to determine a stabilized amount of taxes on, commercial or
manufacturing property for a period not to exceed ten (10) years, subject to the requirements of
this Chapter.
321-20 Application Procedure for stabilization. The application procedure shall proceed as
follows:
A. Owners of commercial or manufacturing property eligible for tax exemption or
stabilization under this Chapter shall file an application for tax relief with the Town
Clerk, on a form provided for that purpose and which shall include:1. The nature of the building, alterations and/or improvements to be made;
2. The nature and extent of any proposed job creation; and
3. A certification by the applicant that the application meets the eligibility
requirements of this Chapter.
B. The application shall be submitted to the Town Council at its next regularly
scheduled meeting. The Town Council shall then refer said application to the
Budget and Financial Review Board for an advisory recommendation. Upon
receipt of the Budget and Financial Review Board’s recommendation the Town
Council shall vote to advertise the application fourteen (14) days before the date of
the scheduled public hearing. The advertisement shall state that the application has
been received, the name and address of the applicant, the date, time and location of
the public hearing, and that a copy of the application may be reviewed at the Town
Clerk's office during regular business hours.
321-21 Findings required. The Town Council shall enter into an agreement to exempt property
from taxation in whole or part, or to stabilize taxes on property, only if it finds that:
A. Granting of the exemption or stabilization will inure to the benefit of the Town by
reason of:
1. the willingness of the manufacturer or commercial firm or concern to locate in
the Town; or
2. the willingness of a manufacturing or commercial firm or concern to expand
facilities with an increase in employment or the willingness of a commercial or
manufacturing firm or concern to retain or expand its facility in the Town and
not reduce its work force in the Town.
B. Granting of the exemption or stabilization of taxes will inure to the benefit of the Town
by reason of the willingness of a manufacturing or commercial firm or concern or
property owner to construct new or to replace, reconstruct, expand, retain, or remodel
existing buildings, facilities, fixtures, machinery, or equipment with modern buildings,
facilities, fixtures, machinery, or equipment, resulting in an increase in plant or
commercial building investment by the firm or concern in the town of not less than two
million dollars ($2,000,000.) in real property and/or tangible improvements, excluding
the purchase price of any real property.
321-22 Effect of agreement. Except as provided in section 321-23, property for which taxes have
been exempted in whole or part or stabilized pursuant to this chapter shall not, during the period
for which taxes have been exempted or stabilized, be further liable to taxation by the Town so long
as the property is used for the manufacturing or commercial purpose for which the exemption or
stabilization was granted. Additionally:
A. Any applicant for tax agreement pursuant to this article must be current on all tax, userfees and any other payments owed to the Town and otherwise be in good standing to
operate as a business in the State of Rhode Island at the time the application for a tax
agreement is filed with the Town Clerk.
B. Any agreement made under the provisions of this chapter shall be considered null and
void, and of no further force and effect, and shall cause any and all taxes exempted
under the agreement to become immediately due and payable, due to:
1. A change in use, such that the property is no longer used solely for the
manufacturing or commercial purpose for which the exemption or stabilization
was granted;
2. Nonpayment or late-payment of taxes due under this article if such non-
payment or late payment is not cured within sixty (60) days of any such
delinquency; provided however, that the taxpayer may petition the Town
Council to maintain the tax agreement one time during the term of the
agreement as a result of any non-payment or late payment. In addition, all
authority granted to the Town in the General Laws to sell property at tax sale
shall remain in full force and effect during the period of any tax agreement;
3. Nonpayment or late-payment of any municipal fees if such non-payment or late
payment is not cured within sixty (60) days of any such delinquency; provided
however, that the taxpayer may petition the Town Council to maintain the tax
agreement one time during the term of the agreement as a result of any non-
payment or late payment; or
4. Violations of any local building code and/or zoning ordinance during or after
construction and/or relocation that is not cured within sixty (60) days of notice
of violation; provided however, that the taxpayer may petition the Town
Council to maintain the tax agreement one time during the term of the
agreement as a result of any local violations.
C. The benefits of a tax agreement obtained pursuant to this article, upon Town Council
approval, shall be transferable to property owners and tenants, as long as the property
is used solely for the manufacturing or commercial purpose for which the agreement
was granted; however, the duration of the agreement period shall not be extended.
D. A business receiving tax relief under this section that replaces or adds employees
working at the property which is subject to an agreement, agrees that among applicants
it deems, in its sole discretion, to be equally qualified, it will give hiring preference to
residents of the town of Smithfield.321-23 Extent of exemption or stabilization. Notwithstanding any vote of, or findings by the Town Council, the property shall be assessed for and shall pay that portion of the tax, if any, assessed by the Town for the purpose of paying the indebtedness of the Town and the indebtedness of the State or any political subdivision to the extent assessed upon or apportioned to the Town, and the interest thereon, and for appropriation to any sinking fund of the Town, which portion of the tax shall be paid in full, and the taxes so assessed and collected shall be kept in a separate account and used only for that purpose. 321-24 Effective date of agreement. Construction shall be complete and the business shall be fully operational as of December 31 to qualify for relief on the subsequent tax bill. Application is due to the Assessor no later than January 31 following the December 31 on which the business begins operation and the agreement has been approved by the Town Council. An agreement for exemption or stabilization of taxes made pursuant to this Chapter shall take effect on the first tax bill following the approval of the application. 321-25 Annual Certification. The Tax Assessor shall on annual basis perform a review of all existing tax stabilization agreements to ensure compliance with the terms and conditions of the agreement as well as the provisions of this ordinance and file an annual report with the Town Council regarding the same. 321-26 Severability. If any one section of this article is found to be unenforceable, then the other provisions herein shall continue to have the same force and effect as if the unenforceable provision were not passed as part of this article. Section 2. This ordinance shall take effect thirty (30) days after its adoption. REFERENCE R.I. Gen. Laws § 44-3-9.11
ANALYSIS OF TAX STABILIZATION ORDINANCES FOR SIMILAR TOWNS IN RHODE ISLAND
Ordinance Application Must Be Current On Anti‐
Notes Term Minimum Investment Strict Schedule Transferrable Delinquency Employment Other
Section(s) Fee Taxes, Fees Etc. Cannibalization
Smithfield 321‐21 to 321‐26 SUBJECT / work in progress 10 years no $2 Million yes no yes, with council 60 days, one council make effort to hire not addressed
approval request for relief local
Cranston 3.64 to 3.100 multiple ordinances based on varies, 5 ‐ 20 no varies, based on type yes, and for three yes, based on type no, and claw back and only for "technology some must retain or yes City liens property for claw
property type and use years, based and use of property years except by and use of property penalty applies if original property", exemption is increase over three back purposes
on type and approval of council owner vacates within forfeited, but can be years, some must
use of term of agreement reinstated the following increase # of
property fiscal year employees
Johnston NONE Nothing in local ordinance n/a n/a n/a n/a n/a n/a n/a n/a n/a NO LOCAL ORDINANCE
Lincoln 228‐21 to 228‐23 States explicitly that terms and 20 years no no not addressed no not addressed not addressed not addressed yes
conditions are to be negotiated by
town administrator (elected
position in Lincoln)
North Providence 32‐171 to 32‐182 only one agreement for 10 years n/a specific not addressed (was for Yes, only for one yes, for transfer for not addressed make effort to hire not addressed "Buy North Providence" ‐ make
"CharterCARE" is codified, no specific entity) property, calls out other than foreclosure local effort to buy goods and
general stabilization ordinance actual tax payment services locally
for RP, hybrid
payment and
assessment
reduction on PP
North Smithfield 6‐3.11 10 years no no not addressed Yes, based on yes not addressed not addressed not addressed
assessment
Scituate NONE Nothing in local ordinance n/a n/a n/a n/a n/a n/a n/a n/a n/a NO LOCAL ORDINANCE
South Kingston 17‐50 to 17‐58 10 years no no not addressed no council must review council must review not addressed not addressed
Warren 7‐31 only applies to increase of real 5 year no no not addressed yes not without council stabilization ceases must increase yes
property value approval, and claw back immediately upon default proportionate to size
applies if original owner (no specifics as to extent of increase
vacates within eight delinquency)
years from granting of
agreement
Warwick 74‐147 to 74‐152 only allowed in certain zones 15 years $3500, non‐ $5 Million yes, and in good yes, based on base yes 60 days, one council not addressed yes ‐ must start construction within
refundable standing with RI SOS value first 5 years, request for relief 12 months and finish within 36
new assessment for months of application
years 6‐15 ‐ sunsets in 2027 (10 years from
adoption of ordinance)
Westerly 229‐12 to 229‐15 5 or 10 years, no 20% of current value yes, and must have no Yes, based on not addressed not addressed not addressed not addressed
based on use or 100,000, whichever violations of building assessment, varies
and type is less code based on use and
typeMemorandum
DATE: January 12, 2022
TO: Smithfield Town Council
FROM: Carol Banville – License Coordinator
SUBJECT: Public Hearing for a new Class B-Victualler Beverage License for Fresco Ditto, Inc.,
d/b/a “Fresco” to include Outdoor Seating/Bar Service for the January 18 th Town
Council Meeting
BACKGROUND:
Conduct a Public Hearing to act upon approving a new Class B-Victualler Beverage License for Fresco
Ditto, Inc., d/b/a “Fresco”, located at 181 George Washington Highway to include Outdoor Seating/Bar
Service.
TOWN REVENUE:
Fee for Liquor License is $600.00 per year
SUPPORTING DOCUMENTS:
Copy of application
Copy of BCI – No Record
Copy of Notice to abutters
Copy of radius map and abutters list
TIP Cards
Notice of Public Hearing that appeared in the Valley Breeze (run dates were January 6, 2022 and January
13, 2022)
Copy of menu
Drawing of outdoor seating/bar service area
Certificate of Good StandingRECOMMENDED MOTION: Move that the Smithfield Town Council approve a new Class B-Victualler Beverage License for Fresco Ditto, Inc., d/b/a “Fresco”, located at 181 George Washington Highway, to include Outdoor Seating/Bar Service, with the hours of operation to be Monday through Sunday 6:00 a.m. to 1:00 a.m., as applied, subject to compliance with all State regulations, local ordinances, a copy of their Retail Sales Permit, final approval from the RI Department of Health and a final inspection from the Fire Department.
If-.";
im On Premise
Issued: 6/11/2020 Expires: 5/31/2021^
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STEPHEN M BURGESS
2931 W Shore Rd .%
Warwick, Rl 02886-5448 ""1 J'
For service visit us online at www.gettips.po^^^^^
TIPS Trainer: Dawn Kidd, 41(^4
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4 m k—»•!-!»•Memorandum
DATE: January 12, 2022
TO: Smithfield Town Council
FROM: Carol Banville – License Coordinator
SUBJECT: Show Cause Hearing for the January 18th Town Council Meeting
RECOMMENDED MOTION:
Conduct a Show Cause Hearing to consider the possible suspension, revocation or other sanction
regarding Liquor Licenses due to non-renewal or non-compliance with the conditions of renewal:
1. DLA, LLC d/b/a “Parma Ristorante”, 266 Putnam Pike, Unit 1 (Failure to produce a Certificate of
Good Standing and copy of TIP Cards)
2. Ichiraku, LLC d/b/a “Ichiraku Ramen and Fusion”, 970 Douglas Pike (Failure to obtain a
Certificate of Good Standing)
3. Lola’s Lounge, LLC d/b/a “Lola’s Lounge”, 55 Douglas Pike (Failure to pay outstanding tangible
taxes and failure to have a fire inspection done)
4. Rebel Alliance Group, LLC d/b/a “Bistecca Chop House”, 332 Farnum Pike (Failure to obtain a
Certificate of Good Standing and outstanding tangible taxes)Memorandum
DATE: January 12, 2022
TO: Smithfield Town Council
FROM: Carol Banville – License Coordinator
SUBJECT: New Victualling License for Fresco Ditto, Inc. d/b/a “Fresco”, for the January 18 th Town
Council Meeting
BACKGROUND:
Fresco Ditto, Inc., d/b/a “Fresco”, has applied for a new Victualling License for their business located at
181 George Washington Highway.
TOWN REVENUE:
Fee for a Victualling License is $50 per year
SUPPORTING DOCUMENTS:
Copy of application
Copy of BCI – No Record
RECOMMENDED MOTION:
Move that the Smithfield Town Council approve a new Victualling License for Fresco Ditto, Inc. d/b/a
“Fresco”, 181 George Washington Highway, as applied, subject to compliance with all State regulations,
local ordinances, final approval from the RI Department of Health and a copy of the Retail Sales Permit.Memorandum
DATE: January 12, 2022
TO: Smithfield Town Council
FROM: Carol Banville – License Coordinator
SUBJECT: New Entertainment License for Fresco Ditto, Inc. d/b/a “Fresco” for the January 18th
Town Council Meeting
BACKGROUND:
Fresco Ditto, Inc. d/b/a “Fresco”, has applied for a new Entertainment License for their business located
at 181 George Washington Highway.
TOWN REVENUE:
The cost for a new Entertainment License is $100.00 plus a one-time initial application fee of $15.00
SUPPORTING DOCUMENTS:
Copy of License Application
Copy of BCI – No Record
RECOMMENDED MOTION:
Move that the Smithfield Town Council approve a new Entertainment License for Fresco Ditto, Inc. d/b/a
“Fresco”, for their business located at 181 George Washington Highway, as applied, subject to
compliance with all State regulations and local ordinances.Memorandum
DATE: January 12, 2022
TO: Smithfield Town Council
FROM: Carol Banville – License Coordinator
SUBJECT: New Special Dance License for Fresco Ditto, Inc. d/b/a “Fresco” for the January 18 th
Town Council Meeting
BACKGROUND:
Fresco Ditto, Inc. d/b/a “Fresco”, has applied for a new Special Dance License for their business located
at 181 George Washington Highway.
TOWN REVENUE:
The cost for a new Special Dance License is $1.00
SUPPORTING DOCUMENTS:
Copy of License Application
Copy of BCI – No Record
RECOMMENDED MOTION:
Move that the Smithfield Town Council approve a new Special Dance License for Fresco Ditto, Inc. d/b/a
“Fresco”, for their business located at 181 George Washington Highway, as applied, subject to
compliance with all State regulations and local ordinances.Memorandum
DATE: January 12, 2022
TO: Smithfield Town Council
FROM: Carol Banville – License Coordinator
SUBJECT: Annual renewal of three (3) Victualling Only Licenses for the January 18 th Town Council
Meeting
BACKGROUND:
Victualling Licenses are due for renewal the first week in December. The businesses listed below have
filed their applications for renewal.
TOWN REVENUE:
The cost to renew the Victualling Only License is $50.00 per year.
APPROVAL STATUS:
Applications are complete for approval by the Town Council.
RECOMMENDED MOTION:
Move that the Smithfield Town Council approve the annual renewal of three (3) Victualling Only
Licenses, as listed, as applied, subject to compliance with all State regulations and local ordinances.
1. ALG 33 Enterprises, Inc. d/b/a “Piezoni’s”, 259 Putnam Pike
2. Target Corporation d/b/a “Target Store T-1404”, 371 Putnam Pike
3. Vibe Nutrition RI, LLC d/b/a “Vibe Nutrition, LLC”, 285 George Washington HighwayMemorandum
DATE: January 12, 2022
TO: Smithfield Town Council
FROM: Carol Banville – License Coordinator
SUBJECT: Mobile Food Truck License Renewal for the January 18th Town Council Meeting
BACKGROUND:
The business listed below has filed their application for renewal.
TOWN REVENUE:
The cost for a Mobile Food Truck License is $75.00 per year, however, if the Mobile Food Truck
applicant has an existing restaurant then the fee would be $50.00 per year.
APPROVAL STATUS:
Application is complete for approval by the Town Council.
RECOMMENDED MOTION:
Move that the Smithfield Town Council approve the renewal of one (1) Mobile Food Truck License, as
applied, subject to compliance with all State regulations and local ordinances.
1. Rhode Island Kona, LLC d/b/a “Rhode Island Kona Ice”, to sell only frozen ice from a truck with
RI Reg. number 21700, 4 Cider Lane.Town of Smithfield
OFFICE OF FINANCE DIRECTOR/TAX COLLECTOR
64 FARNUM PIKE
SMITHFIELD, RHODE ISLAND 02917
TELEPHONE: (401) 233-1072 FACSIMILE: (401) 233-1060
EMAIL: BSILVIA@SMITHFIELDRI.COM
BRIAN SILVIA
FINANCE DIRECTOR
DATE: January 3, 2022
TO: The Honorable Smithfield Town Council
Cc: Randy Rossi, Town Manager
FROM: Brian Silvia, Finance Director
RE: Audited Financials for the Fiscal Year Ended June 30, 2021
Background:
The audit document is a compilation of the Town’s financial results for the Fiscal Year Ended June 30,
2021, reviewed and presented by a certified public accounting firm according to generally accepted
accounting principles.
Financial Impact:
The Town Council’s acceptance of this document will enable the Town to forward copies of the document to
rating agencies, financial institutions and appropriate state agencies.
Filing this document on a timely basis will enable and enhance the Town’s strength when the Town is ready
to issue bonds in the future for the fire station or any other financing opportunities as they may arise.
MOTION:
That the Smithfield Town Council accepts the audited financial statements for the Fiscal Year Ended June
30, 2021 from the audit firm of Hague, Sahady & Co., P.C.
townofsmithfield SMITHFIELDRI.COM @SmithfieldRITown of Smithfield, Rhode Island
Presentation Summary
Fiscal Year Ended June 30, 2021
▪ Independent Auditor’s Report
▪ Independent Auditor’s Report will include an Unmodified Opinion, which indicates that the
Statements are presented fairly in all material respects.
▪ Auditor’s Report provides an opinion on the Governmental Activities, Business-Type Activities,
Each Major Fund, and the Aggregate Remaining Fund Information.
▪ A Fund is considered a Major Fund if the:
▪ Total assets and deferred outflows, or liabilities and deferred inflows, or revenues, or
expenditures/expenses of that individual fund are at least 10% of the corresponding total
for that fund category. AND
▪ Total asset and deferred outflows, or liabilities and deferred inflows, or revenues, or
expenditures/expenses of that individual fund type are at least 5% of the corresponding
total for that all governmental and enterprise funds combined.
▪ Major funds in FY2021 include General Fund, School Unrestricted and School Renovations Bond.
▪ Management’s Discussion and Analysis (MD&A)
▪ Serves as a narrative overview and analysis of the Town’s Financial Activities for the Fiscal Year
ending June 30, 2021.
▪ Presents financial highlights in the Government-Wide Financials and the Fund Financials.
▪ Government-Wide Financial Statements (pages 18-21)
▪ Utilize the full accrual basis of accounting.
▪ Statement of Net Position
▪ Reports all assets, deferred outflows, liabilities, deferred inflows with the net amount being
reported as net position.
▪ Presentation of the aggregate amount of assets, liabilities and outflows for the
governmental activities and business-type activities.
▪ Unrestricted Net Position – cumulative deficit of $87,023,814 for the Governmental
Activities. Deficit position is primarily the result of the Town’s unfunded pension and
OPEB liabilities.
▪ Statement of Activities
▪ Reports the results of activities for fiscal year ending June 30, 2021.
▪ Governmental Activities reported a surplus of $49,243,983 while Business-Type Activities
reported a surplus of $372,499.
▪ The large change in the governmental activities was due to the proceeds of $40,000,000
Bond Anticipation Note.
▪ The information presented in the Statement of Activities does not utilize the same accounting
recognition methods that the Town uses to prepare the budget. The Fund Level Statements will
present the results in a manner consistent with the Town’s budget practices.▪ Governmental Funds Exhibits (pages 22 -25)
▪ These exhibits focus on the current financial resources (modified accrual basis of accounting) and
therefore include only current assets, deferred outflows of resources, liabilities, deferred inflows of
resources, and fund balance.
▪ Major Fund are broken out separately while the aggregate remaining funds are combined in one
column, “Non-Major Governmental Funds.” The details of the Non-Major governmental funds can
be found in supplementary information, currently pages 156 to 173.
▪ The Balance Sheet on page 22 presents a snapshot of the financial position of the Town of Smithfield
at June 30, 2021.
▪ Investments are valued at fair value (market value) while receivables are presented net of an
estimated allowance for doubtful accounts.
▪ Allowance is an estimate prepared by management. Allowance is normally based on past
experience and future expectation. An allowance is recorded for past due tax receivables,
EMS rescue fees, CDBG loans, etc.
▪ Unavailable tax and fee revenue represents the amount of receivables at year end which are not
considered available and therefore not recognized as revenue at June 30, 2021. Taxes are considered
available and recognized as revenue if they are collected within 60 days of the end of the fiscal year.
▪ Fund Balance is broken down into 4 categories:
▪ General Fund – Non-Spendable Fund Balance of $2,006,020 represents the amount of
prepaid expenditures and amounts of receivables (including interfund receivables) which
are not expected to be collected within one year:
• Salt Barn Fund - $1,010,496
• Greenville Public Library - $161,171
• Capital Lease Fund - $834,352
▪ General Fund – Committed Fund Balance of $6,352,751 represents amounts committed for
specific purposes per Town Council ordinance. At June 30, 2021 the committed fund
balance consisted of:
• Capital expenditure carryover - $2,636,455
• Re-appropriation of balances to 2022 expenditures - $3,116,297
• Amount to supplement fiscal 2022 budget appropriation - $600,000
▪ General Fund – Unassigned Fund Balance – This represents the amount of Fund Balance
that is not committed, restricted, or assigned for other purposes. In accordance with the
Town’s Home Rule Charter, Fund Balance was to be maintained at 8% of the subsequent
year’s budget. In accordance with the Charter, any amount in excess of the applicable
percentage is to be allocated 80% to Capital Reserve Fund and 20% to Land Trust Reserve
Fund.
▪ Statement of Revenues, Expenditures, and Changes in Fund Balances (page 24) presents the results
of operations for the fiscal year ended June 30, 2021.
▪ Net change (income or loss) in Fund Balances or fiscal 2021 in accordance with GAAP:
▪ General Fund – ($414,463), net loss.
▪ School Unrestricted Fund – $687,643, net gain.
▪ School Renovations Fund - $13,853,304, net gain.
▪ Non-Major Governmental Fund – ($1,454,782), net loss.
▪ The details of the net decrease in fund balance for non-major governmental funds can be found on
pages 156 to 173.▪ Budgetary Basis for the Town’s General Fund and School Unrestricted Fund (pages 123-130)
▪ Town’s General Fund
▪ Page 123 – positive revenue variance before other financing sources of $744,666
(represents approximately 1.0% of the 2021 budget). Overall negative revenue and other
financing sources variance of ($130,334).
▪ Page 126 – positive expenditure and other financing uses variance of $132,570. This is
after including RUB carryover balances of $3,116,297 which are available for use in fiscal
2022.
▪ Budgetary Basis surplus fiscal 2021 is $2,236.
▪ Page 127 provides reconciliation from GAAP to budgetary basis.
▪ School’s Unrestricted Fund
▪ Revenue surplus - $8,005
▪ Positive variance in expenditures - $681,863
▪ Budgetary Surplus for fiscal 2021 - $689,868 (2.12% of the budget)
▪ Enterprise Funds (pages 26-29)
▪ Page 26 – Statement of Net Position – reports all assets, deferred outflows, liabilities, deferred
inflows, and net position utilizing full accrual basis of accounting.
▪ Statement of Net Position presents a snapshot of these balances at June 30, 2021.
▪ Restricted cash in Sewer Authority Fund represents the debt service reserve funds maintained by
Wells Fargo in accordance with requirements of bond issuance.
▪ All proprietary funds have positive Net Position at June 30, 2021.
▪ Page 27 – Statement of Revenues, Expenses and Changes in Fund Net Position presents the results
of operations for the fiscal year ended June 30, 2021.
▪ Sewer Authority – Net loss of $295,352 for fiscal 2021 as compared to net loss of $83,670
for fiscal 2020. The change from fiscal 2020 is attributable to the additional $205,725
which was transferred to the General Fund in accordance with the approved budget.
▪ Water Fund – Net income of $531,795 for fiscal 2021 versus $346,768 for fiscal 2020.
The change from fiscal 2020 is attributable to the additional $226,142 which was
transferred to the General Fund in accordance with the approved budget.
▪ Ice Rink – Net loss of $20,101 for fiscal 2021 versus net loss of $22,083
▪ School Lunch Program – Net gain in fiscal 2021 totaling $156,157 versus net income of
$15,944 for fiscal 2020.
▪ Fiduciary Funds (pages 30-31)
▪ Pension Trust Funds, OPEB Trust Fund, and Agency Funds.
▪ Measured utilizing full accrual basis of accounting
▪ Investments are reported at fair value at June 30, 2021.
▪ Police Pension Trust Net Position: $13,702,385
▪ Fire Pension Trust Net Position: $32,429,794
▪ OPEB Trust Fund Net Position: $6,115,083
▪ Change in Net Position for fiscal 2021
▪ Police Pension Trust Fund – increase of $3,219,862
▪ Fire Pension Trust Fund – increase of $6,342,985
▪ OPEB Trust Fund – increase of $1,811,924▪ Required Supplementary Information (pages 123-155)
▪ General Fund Budgetary Comparison (pages 123-127)
▪ School Unrestricted Fund Budgetary Comparison (pages 128-130)
▪ Pension required exhibits – will continue to accumulate to include 10 years’ worth of data. (pages
131-152)
▪ OPEB required exhibits (page 153-155)
▪ Other Supplementary Information and Other Exhibits (pages 156-178)
▪ Non-Major Governmental Funds (pages 156-173)
▪ Custodial Funds (page 174)
▪ Funds that comprise the Town’s General Fund (pages 175-176)
▪ Schedule of Property Taxes Receivable (pages 177-178)
▪ Other Items for Discussion
▪ Auditing Standards define a material weakness of controls as a deficiency, or combination of
deficiencies, in internal control such that there is a reasonable possibility that a material
misstatement of the Town’s financial statements will not be prevented or detected and corrected on
a timely basis. A significant deficiency is defined as a deficiency, or combination of deficiencies, in
internal control that is less severe than a material misstatement, yet important enough to merit
attention by those charged with governance.
▪ At this time there are no reports of any material weaknesses or significant deficiencies.MEMO
Date: January 18, 2022
To: Smithfield Town Council
From: Christopher Celeste, Assessor
Re: Tax Abatements
BACKGROUND:
Abatements are granted by the assessor as a result of assessment appeals on real estate, motor
vehicles, and personal property. Adjustments are also made to motor vehicle tax bills to correct
for erroneous data received from the Rhode Island Division of Motor Vehicles, including incorrect
tax town and registration data. Additionally, the tax collector may request the abatement of taxes
deemed to be uncollectible.
FINANCIAL IMPACT:
Total abatements for this period= $559.57
ATTACHMENT:
Abatement Detail Report
MOTION:
Moved that the Smithfield Town Council approve the tax abatements in the amount of $559.57
The abatements contained herein
are submitted for your approval by:
Christopher Celeste, Assessor
Assessor's Office Christopher Celeste, RICA
64 Farnum Pike (401) 233-1014
Smithfield, RI 02917 www.SmithfieldRI.comABATEMENT DETAIL
January 18, 2022
ACCOUNT # TYPE PROPERTY OWNER YEAR ORIGINAL REVISED REASON ABATEMENT
03-3592-00 RE COTE PAUL AND GAIL 2021 $286,800 $282,600 Appeal $71.95
02-0033-04 RE SHAW JAMES R REVOCABLE TRU 2021 $485,200 $473,300 Appeal $203.85
10-0635-50 PP JUICE BAR AND CO 2021 $44,750 $40,000 Appeal $283.77
Town Council Authorization:
Real Estate Subtotal: $275.80
Motor Vehicle Subtotal: $0.00
Personal Property Subtotal: $283.77
Total Abatements: $559.57You can also read
