Some background is in order for context. The Ballot Question Mr Medeiros is advocating is a replacement of the FTM and would allow the Town Council to set the budget, a much more dramatic change than is currently being sought. Ms Durfee clearly advocates replacing the FTM. While their words describe a previous ballot question, their position on reforming the FTM speaks for itself, and to their support of an idea which will come to the people for a vote on November 8.
It is interesting to note the current effort to transform the FTM actually takes power away from the Town Council because the Town Council will be required to apply for tax cap waiver in advance if any citizen with 50 signatures so petitions, where there is no requirement for a Town Council to do so now.

First a letter to the editor , dated 11/01/2008 , from Mr Medeiros posted here >> http://www.newportdailynews.com/ee/newportdailynews/default.php?pSetup=newportdailynews_archive

Financial town meeting no longer serves town well|Readers’ Letters by Brian Medeiros, Tiverton
Tiverton’s Ballot Question 3 offers an opportunity for citizens to replace the town’s outdated financial town meeting process. With 11,000 voters and a $40 million budget, the town has outgrown the FTM, and it’s a disaster waiting to happen. Given the dissatisfaction on both sides at this year’s FTM, replacing this failed process should be something most can agree on.

Proponents of the FTM state that it’s “the people’s meeting,” yet 95 percent of Tiverton’s 11,000 voters annually decline to participate. And if more than 10 percent of voters choose to do so, there is no facility in town able to accommodate more than 1,000 people. In addition, more than 85 percent of the budget is contractual or legally mandated expenses untouchable at the FTM.

There is a better way, one used in the vast majority of towns. The main change if Question 3 is approved is that the Town Council will approve the budget, not FTM voters. Residents who are dissatisfied with the result can collect signatures from 5 percent of registered voters to force a town-wide referendum vote to determine the budget. The budget will then reflect the views of the majority of citizens, either through the decisions of their elected representatives or the voters in a referendum. All voters should be able to participate equally and by secret ballot in any citizen override, not just those able to attend and sit through a lengthy meeting.

Some try to use erroneous scare tactics to confuse voters about this issue. The fact is that Question 3 was discussed at length in public hearings, was examined by the town solicitor and is both legal and practical. Fear of the Town Council is raised, yet the undeniable fact is that having the council decide the budget also makes it accountable to voters for the town’s finances in a way the FTM prevents. Is it logical that that the council can agree to multi-million-dollar contracts, but shouldn’t be permitted to set the budget it operates under, even with citizen override? The inability to implement an overall long-term plan in town is a direct result of the uncertainties of the FTM.

Question 3 presents a common-sense alternative to a system that no longer serves the people of Tiverton well. Anyone with a questions about this plan can contact me at 816-0075 or brianmedeiros@cox.net.

Brian Medeiros, Tiverton

Second is a questionnaire completed by Louise Durfee , posted here 10/31/2006 , and submitted to the Newport Daily News as part of the public forum the NDN holds for those seeking office posted here >> http://www.newportdailynews.com/ee/newportdailynews/default.php?pSetup=newportdailynews_archive

Q&A: Each candidate was asked to answer five questions. Responses were limited to 50 words; those that ran over were edited for space.

1. What is the most important issue facing the town today, and what would you do over the next two years to address it?

The citizens of Tiverton, especially this year, are concerned about tax relief. I would work with the town administrator, department heads, boards, commissions and the schools to develop and implement cost-saving practices wherever possible. At the same time, we need to work with our legislators to provide funding to support legislative mandates.

2. Municipal government faces a delicate balance between providing services and keeping taxes at a level residents feel is reasonable. List one specific idea you have to either save money or generate new revenue to help maintain that balance.

Several years ago, I suggested going out to bid for items that weren’t covered at that time. The items that were normally used during a year and not in a contract were put out on a ‘basket bid.’ I think this could be looked at again.

3. A ballot question will ask voters whether the town should study options to replace the annual financial town meeting. Do you support such a study? Why or why not?

I support the study options to replace the financial town meeting. I think that over the years, fewer and fewer citizens have the time or showed the interest to come to every financial meeting. I think that some option should be available, even eliminate it if the citizens so wish.

4. A special House commission is studying ways that Aquidneck Island schools can work together to save money. Do you favor regional cooperation and/or regionalization for education, emergency services and/or public works? Why or why not?

I support the study looking into saving money. Any time a study is done to consolidate our regionalize emergency services, education and or public works, all that information, once available, must be gone through to make sure that any suggested changes would be in the best interest for our citizens.

5. What do you see as Tiverton’s assets? What should the town be doing to protect and/or capitalize on them?

Tiverton is a community with many assets, from the Historical District and many trails, from the wildlife refuges to open spaces and our beautiful ponds. Our assets are also found in the people who live, work and spend their time here.

Louise Durfee

Party: Nonpartisan.

Address: 262 Highland Road.

Age: 75.

Education: BMC Durfee High School, Fall River, Mass.; bachelor’s degree, Connecticut College; juris doctor, Yale Law School.

Occupation: Self-employed lawyer.

Political biography: Member of the Tiverton Town Council, 1968-74, 1990-94 and 2002-present; director, Rhode Island Department of Environmental Management, 1991-94.

Civic organizations: Chairwoman, Conservation Law Foundation Rhode Island board; Advisory Committee, Audubon Society of Rhode Island; member, Tiverton Land Trust advisory board; former board member, Rhode Island Public Expenditure Council; former board member, Grow Smart Rhode Island.

David M Nelson

66 Peaceful Way
Tiverton, Rhode Island
dnelson20@cox.net
401-288-0998

You may have been following the debate about a proposed Charter Amendment reforming Tiverton’s Budget Process. This initiative, passed on a 5-2 vote by the Town Council, transforms the Financial Town meeting into a all day ballot , or Referendum. A video of this effort has been produced and can be seen online and on cable TV.
The video is a no frills approach focused on exploring the benefits of this approach. I have included the schedule for the cable TV showing, and a weblink to view it online.

Here’s the link for Cable TV show. www.nctv18.blogspot.com
Schedule >>
Monday and Friday at 7p m
Tuesday and Saturday at 11am
It may also be added other times during the week . Please check the schedule for the following weeks on channel 17 or at www.nctv18.blogspot.com
The show can also be be seen online as the Richard Urban Show here >> http://blip.tv/the-richard-urban-show/the-richard-urban-show-september-28-2011-5600567

Please let me know your thoughts about this effort.

Please visit this website for more information , there is a wealth of research and data to help you understand what this effort is all about

David M Nelson
66 Peaceful Way
Tiverton, Rhode Island
dnelson20@cox.net
401-288-0998

CONSOLIDATED POLLING PLACES

POLLING PRECINCT 3301
Amicable Church, 3804 Main Road
For voters who regularly vote at Fort Barton School

POLLING PRECINCTS 3302, 3304, 3305
VFW, 134 Shove St
For voters who regularly vote at North Tiverton Fire Station
And Pocasset School

POLLING PRECINCT 3303
Countryview Estates Community Room, 325 Hurst Lane
No change for voters who regularly vote at Countryview

POLLING PRECINCTS 3306 and 3307
Sandywoods Farm Community Center, 43 Muse Way
New Development Located off Bulgarmarsh Road
For voters who regularly vote at Tiverton High School
And voters who regularly vote at Crandall Road Fire Station

POLLING PRECINCT 3308
Amicable Church, 3804 Main Road
No change for voters who regularly vote at Amicable Church

POLLS ARE OPEN FROM 7:00 A.M TO 8:00 P.M.

THERE WILL BE FOUR CONSOLIDATED POLLING LOCATIONS OPEN FOR THE SPECIAL ELECTION ON NOVEMBER 8, 2011

ANY QUESTIONS CONCERNING YOUR POLLING LOCATION, PLEASE CALL BOARD OF CANVASS AT TIVERTON TOWN CLERK’S OFFICE 625-6703

His misrepresentation of his military background has called his veracity into question and along with it his continued ability to govern with the people’s trust that our community expects and deserves. This situation has become untenable and severely limits his ability to represent the citizens of District 71.

While we understand that struggling with his past and alcoholism may be difficult for Mr. Gordon, we also believe he is well advised to deal with these issues out of the public eye and without the rigors that public leadership demands, and wish him well on his path to restoring order to his personal life.

David Nelson

President Tiverton Citizens for Change

Tiverton Citizens for Change reminds all registered Tiverton voters that the annual Financial Town Meeting will be held this Saturday at 9:00 A.M. at the Tiverton High School, and encourages all to please attend.

This year, the budget presented to voters calls for a tax increase of approximately 2% without any significant impact on town services. This would be the smallest tax increase in at least the last ten years in Tiverton, and while we all will have particular items we disagree with, TCC supports adoption of this budget.

The tax increase will be even lower and less than 1% if the taxpayer resolution calling for an offset from last year’s overtaxation is approved. A tax increase of less than 1% would be a deserved relief from years past, where through unlawful actions, scare tactics, intimidation and procedural tricks, the state cap was broken twice in the last three years while ending up with a surplus of $1.3 million last year. We also think families deserve the smallest tax increase possible with the economy still lagging, jobs scarce, and home values still in the cellar, plus the cost of Pay-As-You-Throw beginning next week.

Another important taxpayer resolution authorizes the sale of town buildings, but for not less than fair market value. When the new schools were built, many thought the old schools would be sold to help pay off the new debt. Now, some want to give away or sell the schools at less than what they are worth to a favored cause, and reauthorization of last year’s resolution is needed to avoid this.

TCC also supports the Budget Committee resolution which protects taxpayers from indemnifying shortfalls in state and federal aid to schools. As TCC accurately said last year, despite a manipulative smear campaign against us for speaking truth to power, it is now proven by the current lawsuit by the School Committee against the Town that if the state financial crisis causes the state to cut its aid budget, the School Committee will refuse to tighten its belt and will demand for the 3rd year in a row that taxpayers indemnify them dollar-for-dollar.

In summary, TCC recommends supporting all of the proposed resolutions and the recommended budget. But there is no assurance any will pass unless you vote. As always, there will be the usual cadre of vicious and vocal critics who will smear taxpayers and use misinformation to accomplish their aims, and nothing stops them from proposing a higher tax increase to break the tax cap from the floor with no advance warning. Only if you attend can this be stopped, and bear in mind that key votes at recent meetings have been won or lost by only a handful of votes. Your one vote really does make a difference.

Finally, TCC also notes with optimism that there is likely to be a referendum this fall to replace the FTM with an all-day, secret-ballot budget referendum, which TCC supports [more on this in the weeks and months to come]. So this might be the last FTM ever, and we encourage all voters to come out Saturday morning and be a part of what will hopefully be history.

Dave Nelson

President Tiverton Citizens for Change

Closing Statement

 I want to thank all the members of our community who came to this hearing tonight to discuss this important initiative. I have listened very carefully to all the remarks and arguments made over the last few months, and before the council this evening.  It’s been a long night on a very important topic and I think we have all done ourselves and the Town a great service to have this conversation.

It is clear to me that we have the votes on the council to pass this ordinance tonight. I firmly believe that by passing this ordinance we provide additional taxpayer protections that are currently lacking in a process widely seen as unfair or even illegal by many who reside in Tiverton today. After 23% of tax increases over the last 3 years, combined with crumbling roads, a landfill to close, and a High School in need of extensive repair it is abundantly clear we need to consider efficiencies and longer-term financial strategies to ensure we preserve our limited resources. In the 6 years from 2004-2010 Tiverton has experienced the  2^nd highest rate of property tax growth in a State known nationally for high property taxes. This has a real cost to our families and to our children.

Recently, this council learned from the George Wiley Center that Tiverton had over 250 utility shut offs due to financial difficulties this past winter. In a recent conversation l had with Dennis Roy, the CEO of East Bay Community Action, over 400 families need heating assistance to get through the winter in our town. Hundreds more use the food bank . This is a real human cost. When I hear remarks about cutting services , I ask myself if these families agree that raising taxes year after year is the right course of action. We can no longer afford to fund generous pay, benefit and retirement packages to our public employees and still provide quality services to all our residents. We have difficult choices to make, which we can no longer delay.

These are the direct and indirect consequences of an economy reeling from the high costs of poor government policies.  Put bluntly, every time we raise taxes above inflation, it means more dark, cold nights and empty pantries for our most needy residents. Putting Tiverton’s financial house in order will allow us to address our most urgent needs and set our priorities according to the needs of all our residents.

            I understand the argument that the will of the people, or at least a small fraction of our population, is expressed at the FTM.  I also appreciate that the will of far more people is also expressed through their representatives elected by democratic elections.  I also believe that this ordinance should not be necessary because there is a state tax cap, and if prior town councils had followed R.I. general Law 44-5-2 , we probably would not be here tonight.

I believe the most important thing Tiverton can do is to transform the budget process into an institution which properly serves the widest possible spectrum of the population, while eliminating low participation and intimidation at the FTM that many find intolerable. A referendum is key to this transformation.

Having then established reformation of the FTM as a highest priority, and based on the input heard by all tonight, I withdraw this ordinance from consideration this evening to allow the ongoing effort, which began last August, to reform the budget process in a non-partisan way, as so many have expressed in different ways tonight. I urge the community to come together to take this important step for the sake of our families, especially our children, and our future.  Let tonight be the beginning of that coming together.  I commit to all of you my rededicated efforts to see it through.

 Many people have written Letters to the Editor regarding the proposed Tax Cap, including myself. Some people have a prejudiced and distorted view of the facts, and all but one person has avoided libelous statements. Any statements that people have read that reportedly came from me, that were not in my personal Letter to the Editor, should be disregarded, because they were most likely the deliberately false distortions intended to discredit me. I would like to offer some facts to put the proposed Tax Cap Regulation in the proper perspective.

 1 I have read the proposed ordinance, and it does not replace the FTM, and it does not veto the FTM.

2 The proposed ordinance limits the maximum property tax levy to the same extent as the unenforced RIGL 44-5-2; and goes one step farther by limiting the maximum municipal property tax levy to 2 ½ %. I would hope that the Town Docket is corrected, so that all costs appear in the proper Departments.

 3 Tiverton’s voters have not rejected several recent ballot initiatives to eliminate the FTM. The voters approved a recent ballot initiative to supply them with alternatives to the FTM; and the voters rejected a ballot initiative to replace the FTM with the vote of the previous Town Council, because that is what was presented to them.

4 The proposed ordinance would not block the FTM from voting on budgets unless the council first approves. It would limit the maximum property tax levy only.

5 It was Tiverton Taxpayers who sued the town, and they sued to force adherence to RIGL 44-5-2, because the previous Town Council violated RIGL 44-5-2, that specifically required affirmative votes by BOTH 4/5ths of the Town Council and the FTM majority, by use of the words “shall also approve the excess levy.”.

 6 The proposed Tax Cap does not bypass the FTM, it limits the excess tax levy only.

7 While the wording could be clearer, and less prone to misinterpretation, the wording of the State’s Tax Cap Levy is not ambiguous. The use of the words “shall also approve the excess levy”, makes it clear that BOTH approvals are necessary, although some people would like to delete the word “ALSO”. Is the proposed Tax Cap levy illegal or in violation of the Tiverton Town Charter? The maximum property tax levy is already limited to 4.25% this year, and 4.0% next year, unless the conditions in RIGL 44-5-2 are met, and unless BOTH the Town Council and the FTM approve the increase. Therefore, a reiteration of state law RIGL 44-5-2, cannot violate state law or the Town Charter.

However Susanne Greschner, Chief of the Division of Municipal Finance, in a letter dated August 27, 2010, indicated that the Division would not enforce the voting requirements of RIGL 44-5-2, because the law did not specify that the municipalities must report that information to her. That is a major reason why the proposed regulation is necessary. The Proposed 2.5% maximum property tax levy for the Municipal portion would not adversely impact the School Budget, but would limit the Municipal Budget to 2 ½%, unless justification for exceeding the cap exists, and unless BOTH the Town Council and the FTM approve the increase. RIGL 44-5-2 does not prohibit any municipal tax caps, and I have not been able to find any other RIGL that prohibits Municipal Tax Caps. There is a question of whether or not the Tiverton Town Charter prohibits this type of a tax cap.

The Town Charter has no mention of a tax cap; however, the Tiverton Town Charter Section 304 Powers of the Electors, states “The electors in Special Meeting or Financial Town Meeting shall have and exercise all powers granted Financial Town Meetings by the laws of the state not inconsistent with this Charter.” Therefore, the question remains: “Would the imposition of the 2 ½ % cap on the Municipal side of the Budget violate the right, duties and obligations of the 11, 755 Registered voters in Tiverton? I have a logical answer to that question. Last year, when a relatively large number of Tiverton Voters attended the FTM, 1,151 voters attended the FTM of May 08, 2010. That was 9.8% of the eligible voters. That means that 90.2% of Tiverton’s eligible voters abdicated their rights, duties, and responsibilities. I have found that over the last 25 years, the turnout has been between 2.56% and 17%, meaning that over the last 25 years, over 80% of Tiverton’s Registered Voters have abdicated their rights, duties, and responsibilities, and abdicated them to small minority special interest groups like the 564 voters, 4.8% of the registered voters that decided the budget last year, Since far less than 20% of the voters attend the FTM, how can the Town Council, elected by 47% of the voters, usurp the rights, duties, and responsibilities of the voters at the FTM, when over 80% of the voters have repeatedly abandoned or abdicated them over the last 25 years, by not attending the FTM? The FTM represents the voters, only when over 50% attend the FTM.

If I placed my lawnmower in front of my house, on top of my 20 gallon trash can, on trash collection day, and somebody stopped their car, removed the handle and air filter, and then drove off; I would be crazy to call the police. The lawnmower would be abandoned for anybody to pick up. The rights, duties, and obligations at the FTM have been abandoned by over 80% of Tiverton’s voters. Any action that limits the ability of small minority special interest groups should be considered as a gift to the Tiverton Voters and Taxpayers. A small minority special interest group is a group of between 2% and 20% of the taxpayers that vote together, regardless of who they represent. 7.0 min

Very Truly Yours,

Roger A. Bennis

NOW, THEREFORE, IT IS HEREBY ORDAINED by the Town Council of Tiverton, Rhode Island, that the following Section 74-2 is added to Article I of Chapter 74 of the Ordinances of the Town of Tiverton:

CHAPTER 74. TAXATION

ARTICLE I. IN GENERAL

Sec. 74-1. Licenses and permits of delinquent taxpayers . . . .

Sec. 74-2. Cap on Maximum Property Tax Levy Increase

(a) Unless otherwise permitted by section (b) below, in fiscal year 2012, the Town shall not increase its property tax levy (including motor vehicle tax) by more than four and one-quarter percent (4.25%) in excess of the total amount levied and certified by the Town in fiscal year 2011. In fiscal year 2013 and in each fiscal year thereafter, the Town shall not increase its property tax levy (including motor vehicle tax) more than four percent (4%) in excess of the total amount levied and certified by the Town for its previous fiscal year.

(b) The amount levied by the Town may exceed the percentage increase as specified in subsection (a) only if any levy in excess of the percentage increase specified in subsection (a) shall be approved by the majority of the electors present and voting at a Financial Town Meeting and also approved by the affirmative vote of at least four-fifths (4/5) of the full membership of the Town Council prior to, and with specific notice of included with, the published notices, warnings, and warrants required by Chapter 35 (Property Tax and Fiscal Disclosure) of Title 44 of the General Laws of Rhode Island and the Town Charter, and also only if the Town qualifies under one or more of the following provisions:

(1) The Town forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the Rhode Island department of revenue.

(2) The Town experiences or anticipates an emergency situation, which causes or will cause the levy to exceed the percentage increase as specified in subsection (a). In the event of an emergency or an anticipated emergency, the Town shall notify the auditor general who shall certify the existence or anticipated existence of the emergency. Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the Town experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year’s health insurance costs, retirement contributions or utility expenditures by a percentage greater than three (3) times the percentage increase as specified in subsection (a).

(3) The Town forecasts or experiences debt services expenditures which exceed the prior year’s debt service expenditures by an amount greater than the percentage increase as specified in subsection (a) and which are the result of bonded debt issued in a manner consistent with general law or a special act. In the event of the debt service increase, the Town shall notify the department of revenue which shall certify the debt service increase above the percentage increase as specified in subsection (a) the prior year’s debt service. No action approving or disapproving exceeding a levy cap under the provisions of this section affects the requirement to pay obligations legally entered into by the Town.

(4) The Town experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the Town or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the department of revenue.

(c) Notwithstanding subsections (a) and (b) above, the Town Council shall not submit to the Budget Committee, any proposed budget, including expenditure resolutions, for the municipal operation of the Town, including the Town Clerk and Treasurer but excluding the School Committee’s proposed budget (the “Municipal Budget”) for any fiscal year in excess of the prior fiscal year by more than two and one half (2½ %) percent unless all of and to the extent that the following conditions (1) through (4) are met:

(1) At least one of the following five subconditions occurs:
a. The Town experiences a hurricane, flood, or other significant natural disaster requiring extraordinary expenditures by the Town.

b. The Town anticipates, based on documented evidence, or experiences an increase in health insurance costs, retirement contributions, or utility expenditures for the fiscal year exceeding the prior fiscal year’s health insurance costs, retirement contributions, or utility expenditures, respectively, by a percentage greater than ten percent (10%).

c. The Town anticipates, based on documented evidence, or experiences debt service expenditures for the fiscal year exceeding debt service expenditures in the prior fiscal year by more than two and one half percent (2½ %).

d. The Town experiences current year growth in its tax base in excess of two and one-half percent (2½ %) over the preceding year as the result of new construction or development. Changes in the value of the tax base due to revaluation alone shall not qualify for this subcondition.

e. The Town anticipates, based on documented evidence, or experiences a decrease in non-property tax revenues for the fiscal year in excess of two and one-half percent (2 ½ %) of the previous year’s property tax levy. Depletion of the Town’s general reserves shall not qualify for this subcondition.

(2) No later than ten (10) days prior to its final vote on the proposed Municipal Budget, the Town Council approves such Municipal Budget amount by the affirmative votes of at least two thirds (2/3rds) of the full membership of the Town Council.
(3) To the extent that the proposed Municipal Budget also causes the maximum property tax levy to exceed any cap established by state law, such state law and any applicable regulations are satisfied and required approvals obtained.

(d) The Town Council declares the limitations of subsection (c) above to be the policy of the Town of Tiverton, and urges the Budget Committee and the School Committee to attempt at all times to meet the goal of a budget which does not require a tax levy increase of more than two and one-half percent (2 ½ %). In furtherance thereof, wherever any ambiguity exists in law or ordinance or policy, such law or ordinance or policy shall be interpreted by all entities of the Town to support this goal. Specific notice of any proposed increase of the tax levy above such two and one-half percent (2 ½ %) shall be included with the notices, warnings, and warrants required by Chapter 35 (Property Tax and Fiscal Disclosure) of Title 44 of the General Laws of Rhode Island and the Town Charter.

(e) Notwithstanding anything herein to the contrary, nothing in this Ordinance shall be deemed to impair the authority of the Town or the Financial Town Meeting, under Article XIII (Home Rule) of the Rhode Island Constitution, or Chapter 3 (Town Meetings) or Chapter 5 (Councils and Governing Bodies) of Title 45 of the General Laws of Rhode Island. In the event that any section or subsection of this Ordinance may be found to be invalid by a court of law, it shall not affect the validity of any other sections of this Ordinance.

Secs. 74-3–74-25. Reserved.

IT IS HEREBY FURTHER ORDAINED by the Town Council of Tiverton, Rhode Island, that this Ordinance shall become effective upon passage.

NOW, THEREFORE, IT IS HEREBY ORDAINED by the Town Council of Tiverton, Rhode Island, that the following Section 74-2 is added to Article I of Chapter 74 of the Ordinances of the Town of Tiverton:

CHAPTER 74. TAXATION

ARTICLE I. IN GENERAL

Sec. 74-1. Licenses and permits of delinquent taxpayers . . . .

Sec. 74-2. Cap on Maximum Property Tax Levy Increase

(a) Unless otherwise permitted by section (b) below, in fiscal year 2012, the Town shall not increase its property tax levy (including motor vehicle tax) by more than four and one-quarter percent (4.25%) in excess of the total amount levied and certified by the Town in fiscal year 2011. In fiscal year 2013 and in each fiscal year thereafter, the Town shall not increase its property tax levy (including motor vehicle tax) more than four percent (4%) in excess of the total amount levied and certified by the Town for its previous fiscal year.

(b) The amount levied by the Town may exceed the percentage increase as specified in subsection (a) only if any levy in excess of the percentage increase specified in subsection (a) shall be approved by the majority of the electors present and voting at a Financial Town Meeting and also approved by the affirmative vote of at least four-fifths (4/5) of the full membership of the Town Council prior to, and with specific notice of included with, the published notices, warnings, and warrants required by Chapter 35 (Property Tax and Fiscal Disclosure) of Title 44 of the General Laws of Rhode Island and the Town Charter, and also only if the Town qualifies under one or more of the following provisions:

(1) The Town forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the Rhode Island department of revenue.

(2) The Town experiences or anticipates an emergency situation, which causes or will cause the levy to exceed the percentage increase as specified in subsection (a). In the event of an emergency or an anticipated emergency, the Town shall notify the auditor general who shall certify the existence or anticipated existence of the emergency. Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the Town experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year’s health insurance costs, retirement contributions or utility expenditures by a percentage greater than three (3) times the percentage increase as specified in subsection (a).

(3) The Town forecasts or experiences debt services expenditures which exceed the prior year’s debt service expenditures by an amount greater than the percentage increase as specified in subsection (a) and which are the result of bonded debt issued in a manner consistent with general law or a special act. In the event of the debt service increase, the Town shall notify the department of revenue which shall certify the debt service increase above the percentage increase as specified in subsection (a) the prior year’s debt service. No action approving or disapproving exceeding a levy cap under the provisions of this section affects the requirement to pay obligations legally entered into by the Town.

(4) The Town experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the Town or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the department of revenue.

(c) Notwithstanding subsections (a) and (b) above, the Town Council shall not submit to the Budget Committee, any proposed budget, including expenditure resolutions, for the municipal operation of the Town, including the Town Clerk and Treasurer but excluding the School Committee’s proposed budget (the “Municipal Budget”) for any fiscal year in excess of the prior fiscal year by more than two and one half (2½ %) percent unless all of and to the extent that the following conditions (1) through (4) are met:

(1) At least one of the following five subconditions occurs:
a. The Town experiences a hurricane, flood, or other significant natural disaster requiring extraordinary expenditures by the Town.

b. The Town anticipates, based on documented evidence, or experiences an increase in health insurance costs, retirement contributions, or utility expenditures for the fiscal year exceeding the prior fiscal year’s health insurance costs, retirement contributions, or utility expenditures, respectively, by a percentage greater than ten percent (10%).

c. The Town anticipates, based on documented evidence, or experiences debt service expenditures for the fiscal year exceeding debt service expenditures in the prior fiscal year by more than two and one half percent (2½ %).

d. The Town experiences current year growth in its tax base in excess of two and one-half percent (2½ %) over the preceding year as the result of new construction or development. Changes in the value of the tax base due to revaluation alone shall not qualify for this subcondition.

e. The Town anticipates, based on documented evidence, or experiences a decrease in non-property tax revenues for the fiscal year in excess of two and one-half percent (2 ½ %) of the previous year’s property tax levy. Depletion of the Town’s general reserves shall not qualify for this subcondition.

(2) No later than ten (10) days prior to its final vote on the proposed Municipal Budget, the Town Council approves such Municipal Budget amount by the affirmative votes of at least two thirds (2/3rds) of the full membership of the Town Council.
(3) To the extent that the proposed Municipal Budget also causes the maximum property tax levy to exceed any cap established by state law, such state law and any applicable regulations are satisfied and required approvals obtained.

(d) The Town Council declares the limitations of subsection (c) above to be the policy of the Town of Tiverton, and urges the Budget Committee and the School Committee to attempt at all times to meet the goal of a budget which does not require a tax levy increase of more than two and one-half percent (2 ½ %). In furtherance thereof, wherever any ambiguity exists in law or ordinance or policy, such law or ordinance or policy shall be interpreted by all entities of the Town to support this goal. Specific notice of any proposed increase of the tax levy above such two and one-half percent (2 ½ %) shall be included with the notices, warnings, and warrants required by Chapter 35 (Property Tax and Fiscal Disclosure) of Title 44 of the General Laws of Rhode Island and the Town Charter.

(e) Notwithstanding anything herein to the contrary, nothing in this Ordinance shall be deemed to impair the authority of the Town or the Financial Town Meeting, under Article XIII (Home Rule) of the Rhode Island Constitution, or Chapter 3 (Town Meetings) or Chapter 5 (Councils and Governing Bodies) of Title 45 of the General Laws of Rhode Island. In the event that any section or subsection of this Ordinance may be found to be invalid by a court of law, it shall not affect the validity of any other sections of this Ordinance.

Secs. 74-3–74-25. Reserved.

IT IS HEREBY FURTHER ORDAINED by the Town Council of Tiverton, Rhode Island, that this Ordinance shall become effective upon passage.

NOW, THEREFORE, IT IS HEREBY ORDAINED by the Town Council of Tiverton, Rhode Island, that the following Section 74-2 is added to Article I of Chapter 74 of the Ordinances of the Town of Tiverton:

CHAPTER 74. TAXATION

ARTICLE I. IN GENERAL

Sec. 74-1. Licenses and permits of delinquent taxpayers . . . .

Sec. 74-2. Cap on Maximum Property Tax Levy Increase

(a) Unless otherwise permitted by section (b) below, in fiscal year 2012, the Town shall not increase its property tax levy (including motor vehicle tax) by more than four and one-quarter percent (4.25%) in excess of the total amount levied and certified by the Town in fiscal year 2011. In fiscal year 2013 and in each fiscal year thereafter, the Town shall not increase its property tax levy (including motor vehicle tax) more than four percent (4%) in excess of the total amount levied and certified by the Town for its previous fiscal year.

(b) The amount levied by the Town may exceed the percentage increase as specified in subsection (a) only if any levy in excess of the percentage increase specified in subsection (a) shall be approved by the majority of the electors present and voting at a Financial Town Meeting and also approved by the affirmative vote of at least four-fifths (4/5) of the full membership of the Town Council prior to, and with specific notice of included with, the published notices, warnings, and warrants required by Chapter 35 (Property Tax and Fiscal Disclosure) of Title 44 of the General Laws of Rhode Island and the Town Charter, and also only if the Town qualifies under one or more of the following provisions:

(1) The Town forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the Rhode Island department of revenue.

(2) The Town experiences or anticipates an emergency situation, which causes or will cause the levy to exceed the percentage increase as specified in subsection (a). In the event of an emergency or an anticipated emergency, the Town shall notify the auditor general who shall certify the existence or anticipated existence of the emergency. Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the Town experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year’s health insurance costs, retirement contributions or utility expenditures by a percentage greater than three (3) times the percentage increase as specified in subsection (a).

(3) The Town forecasts or experiences debt services expenditures which exceed the prior year’s debt service expenditures by an amount greater than the percentage increase as specified in subsection (a) and which are the result of bonded debt issued in a manner consistent with general law or a special act. In the event of the debt service increase, the Town shall notify the department of revenue which shall certify the debt service increase above the percentage increase as specified in subsection (a) the prior year’s debt service. No action approving or disapproving exceeding a levy cap under the provisions of this section affects the requirement to pay obligations legally entered into by the Town.

(4) The Town experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the Town or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the department of revenue.

(c) Notwithstanding subsections (a) and (b) above, the Town Council shall not submit to the Budget Committee, any proposed budget, including expenditure resolutions, for the municipal operation of the Town, including the Town Clerk and Treasurer but excluding the School Committee’s proposed budget (the “Municipal Budget”) for any fiscal year in excess of the prior fiscal year by more than two and one half (2½ %) percent unless all of and to the extent that the following conditions (1) through (4) are met:

(1) At least one of the following five subconditions occurs:
a. The Town experiences a hurricane, flood, or other significant natural disaster requiring extraordinary expenditures by the Town.

b. The Town anticipates, based on documented evidence, or experiences an increase in health insurance costs, retirement contributions, or utility expenditures for the fiscal year exceeding the prior fiscal year’s health insurance costs, retirement contributions, or utility expenditures, respectively, by a percentage greater than ten percent (10%).

c. The Town anticipates, based on documented evidence, or experiences debt service expenditures for the fiscal year exceeding debt service expenditures in the prior fiscal year by more than two and one half percent (2½ %).

d. The Town experiences current year growth in its tax base in excess of two and one-half percent (2½ %) over the preceding year as the result of new construction or development. Changes in the value of the tax base due to revaluation alone shall not qualify for this subcondition.

e. The Town anticipates, based on documented evidence, or experiences a decrease in non-property tax revenues for the fiscal year in excess of two and one-half percent (2 ½ %) of the previous year’s property tax levy. Depletion of the Town’s general reserves shall not qualify for this subcondition.

(2) No later than ten (10) days prior to its final vote on the proposed Municipal Budget, the Town Council approves such Municipal Budget amount by the affirmative votes of at least two thirds (2/3rds) of the full membership of the Town Council.
(3) To the extent that the proposed Municipal Budget also causes the maximum property tax levy to exceed any cap established by state law, such state law and any applicable regulations are satisfied and required approvals obtained.

(d) The Town Council declares the limitations of subsection (c) above to be the policy of the Town of Tiverton, and urges the Budget Committee and the School Committee to attempt at all times to meet the goal of a budget which does not require a tax levy increase of more than two and one-half percent (2 ½ %). In furtherance thereof, wherever any ambiguity exists in law or ordinance or policy, such law or ordinance or policy shall be interpreted by all entities of the Town to support this goal. Specific notice of any proposed increase of the tax levy above such two and one-half percent (2 ½ %) shall be included with the notices, warnings, and warrants required by Chapter 35 (Property Tax and Fiscal Disclosure) of Title 44 of the General Laws of Rhode Island and the Town Charter.

(e) Notwithstanding anything herein to the contrary, nothing in this Ordinance shall be deemed to impair the authority of the Town or the Financial Town Meeting, under Article XIII (Home Rule) of the Rhode Island Constitution, or Chapter 3 (Town Meetings) or Chapter 5 (Councils and Governing Bodies) of Title 45 of the General Laws of Rhode Island. In the event that any section or subsection of this Ordinance may be found to be invalid by a court of law, it shall not affect the validity of any other sections of this Ordinance.

Secs. 74-3–74-25. Reserved.

IT IS HEREBY FURTHER ORDAINED by the Town Council of Tiverton, Rhode Island, that this Ordinance shall become effective upon passage.

ORDINANCE NO. 2011- AN ORDINANCE IN AMENDMENT TO CHAPTER 74 – “TAXATION”, ARTICLE I -  “IN GENERAL,”OF THE ORDINANCES OF THE TOWN OF TIVERTON 

            WHEREAS, The Town of Tiverton desires to establish a local cap on the amount of property tax levy increase, placing limits on itself above and beyond requirements of state law; 

            NOW, THEREFORE, IT IS HEREBY ORDAINED by the Town Council of Tiverton, Rhode Island, that the following Section 74-2 is added to Article I of Chapter 74 of the Ordinances of the Town of Tiverton: 

CHAPTER 74.  TAXATION

ARTICLE I.  IN GENERAL
Sec. 74-1.  Licenses and permits of delinquent taxpayers . . . . 

Sec. 74-2.        Cap on Maximum Property Tax Levy Increase  

(a)  Unless otherwise permitted by section (b) below, commencing with fiscal year 2012, the Town shall not increase its property tax levy (including motor vehicle tax) for any fiscal year by more than two and one-half percent (2½ %) over the prior year’s property tax levy.

(b)  Any tax levy for any fiscal year in excess of the prior fiscal year by more than two and one-half (2½ %) percent may be permitted if, and only if and to the extent that, all of the following conditions (1) through (4) are met: 

(1)        At least one of the following five subconditions occurs:

a. The Town experiences a hurricane, flood, or other significant natural disaster requiring extraordinary expenditures by the Town. 

1. The Town anticipates, based on documented evidence, or experiences an increase in health insurance costs, retirement contributions, or utility expenditures for the fiscal year exceeding the prior fiscal year’s health insurance costs, retirement contributions, or utility expenditures, respectively, by a percentage greater than ten percent (10 %).   

c. The Town anticipates, based on documented evidence, or experiences debt service expenditures for the fiscal year exceeding debt service expenditures in the prior fiscal year by more than two and one-half percent (2½ %).   

1. The Town experiences current year growth in its tax base in excess of two and one-half percent (2½ %) over the preceding year as the result of new construction or  development.  Changes in the value of the tax base due to revaluation alone shall not qualify for this subcondition. 
2. e.   The Town anticipates, based on documented evidence, or experiences a decrease in non-property tax revenues for the fiscal year in excess of two and one-half percent (2½ %) of the previous year’s property tax levy.  Depletion of the Town’s general reserves shall not qualify for this subcondition.   

(2)        No later than thirty (30) days prior to tax levy adoption, the Town Council approves the maximum total property tax levy amount by the affirmative votes of at least two thirds (2/3^rds ) of the full membership of the Town Council.

(3)        To the extent that the maximum property tax levy also exceeds any cap established by state law, such state law and any applicable regulations are satisfied and required approvals obtained. 

(4)        A majority of the Electors at a duly convened Financial Town Meeting, or a majority of the voters at a duly conducted Referendum if so authorized by a future Charter amendment,  approve the tax levy. 

Secs. 74-3–74-25.  Reserved. 

            IT IS HEREBY FURTHER ORDAINED by the Town Council of Tiverton, Rhode Island, that this Ordinance shall become effective upon passage.

1. Revenue of $41,694,093.
2. Expenditures of $40,771,673.
3. With a surplus of $922,420.

That number includes the school system, but does not include so-called “restricted funds” that arrive as grants and the like (which, thanks to the current federal administration, amounted to quite a bit of money).

In other words, as I understand the process, having just pushed through a large tax increase in the midst of a continuing recession, the town of Tiverton is set to apply almost a million dollars into its general fund.

Also mentioned during the course of the night’s meeting was that the fire department has found a supplier for a new $600,000 fire truck, and the DPW has just received a new pickup. Me, I can’t afford Christmas presents for my children.

So far, Rep. Jay Edwards has presented State House certificate to each of the departing members; the departing council members have given short speeches of thanks; and Town Clerk Nancy Mello has offered some parting gifts for them.

7:16 p.m.

All new town officials have been sworn in, and the new town council has taken seats and, with David Nelson’s nomnation and no alternate nominations,Jay Lambert has become the president of the council.

Ed Roderick nominated Cecil Leonard for vice president, and with no alternate nominations, the leadership of the council have been set.

7:19 p.m.

President Lambert asked if anybody had any of the new members have opening remarks. Ed Roderick is leading off, and he’s thanking the outgoing council members for making him “a better person.”

Cecil Leonard followed with similar remarks.

David Nelson thanked the voters and the outgoing members.

Rob Coulter announced that he’s resigned from the Budget Committee. He echoed the repeated need that all citizens be represented and promised to give a voice to those most in need.

Joan Chabot offered thanks and looks forward to working with everybody. She highlighted the mix of skills and demographics on the council.

Lambert almost missed Brett Pelletier, who is sitting at the far left of the table. He expressed the need to look toward the future of the town rather than the past or the immediate future.

Congratulations to all Tuesday’s winners. I want to sincerely thank ALL the candidates. Tiverton needs our citizens who step forward to volunteer and make our community stronger. Tiverton faces some difficult issues ahead, and l am confident we will be up to the task. It is my most sincere hope that we put the past behind us and work together to shape Tiverton’s future.

Selected Articles describing the Outcome

http://www.eastbayri.com/detail/139190.html

http://www.heraldnews.com/news/x4798203/Voter-backlash-costs-Tiverton-council-incumbents-re-election

http://www.heraldnews.com/archive/x742791685/Tiverton-Concerned-Citizens-gets-council-majority

Dave Nelson
President TCC