RESOLUTION OF THE FINANCIAL TOWN MEETING

AUTHORIZING THE TOWN TO ENTER INTO A TWENTY YEAR LEASE WITH FOUR TOWN FARM FOR AGRICULTURAL LAND AT NOCKUM HILL

RESOLVED:  Pursuant to Section 1-3-3 of the Charter of the Town of Barrington the Town Council, is hereby authorized to lease a portion of the agricultural land at Nockum Hill to Four Town Farm for a period of twenty years on Plat 37, Lot 40 in exchange for an annual payment in the amount of $10,000.   

Motion by Peter McCalmont, 45 Bluff Rd. and seconded to amend the motion by adding at the Doug Rayner Wildlife Refuge before “at Nockum Hill” (Doug Rayner Wildlife Refuge at Nockum Hill).  Motion to amend the motion passed (voice vote).  Amended motion passed (voice vote).

Motion by Ms. Speakman and seconded by Mr. Sweetser to adopt the following resolution:

RESOLUTION OF THE FINANCIAL TOWN MEETING

APPROVING THE TRANSFER OF TOWN FISCAL YEAR 2012

SURPLUS FUNDS TO CERTAIN CAPITAL RESERVE ACCOUNTS

RESOLVED:  An amount not to exceed three hundred and fifty thousand dollars ($350,000) of the General Fund balance, shall be transferred to the DPW Equipment Replacement Account in the amount of $250,000 and the Fire Apparatus Replacement Account in the amount of $100,000 for fiscal year 2013.

Motion passed (voice vote).

Motion by Mrs. Speakman and seconded to adopt the following resolution:

RESOLUTION OF THE FINANCIAL TOWN MEETING

AUTHORIZING THE ISSUANCE OF EMERGENCY NOTES

TO FUND EMERGENCY APPROPRIATIONS NOT TO EXCEED $5,000,000

RESOLVED:

Section 1.  In the event of an emergency threatening the public safety, health or welfare and requiring the immediate expenditure of money by the town, the town council, on the written recommendation of the town manager, by resolution, may appropriate funds in an amount not to exceed $5,000,000 and for purposes in addition to those contained in the operating budget or in the capital budget.  Such a resolution shall include a brief statement of the facts that show the existence of such emergency.

Section 2.  To fund said appropriation, the Finance Director, with the approval of the Town Council, is authorized under Section 45-12-2 of the General Laws Rhode Island to issue emergency notes.

Section 3.  The manner of sale, denominations, maturities, principal amounts, interest rates, and other terms, conditions and details of any emergency notes issued pursuant to this authority may be fixed by proceedings of the Town Council authorizing the issue or by separate resolution of the Town Council or, to the extent provisions for these matters are not so made, they may be fixed by the officers authorized to sign the emergency notes.  The notes shall be signed by the Finance Director and by the President of the Town Council.

          Section 4. The Finance Director and the President of the Town Council are hereby authorized to take all lawful action necessary or desirable under the Internal Revenue Code of 1986, as amended (the “Code”), to insure that the interest on the emergency notes will remain exempt from federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on the emergency notes to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code.  The Treasurer and the President of the Town Council are further authorized to take all lawful action necessary or desirable to designate the emergency notes as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code. 

Motion passed (voice vote).

Motion by Mrs. Speakman and seconded to adopt the following resolution:

RESOLUTION OF THE FINANCIAL TOWN MEETING AUTHORIZING

THE ISSUANCE OF TAX ANTICIPATION NOTES

IN AN AMOUNT NOT TO EXCEED $5,000,000

RESOLVED:

SECTION 1.  Pursuant to Rhode Island General Laws Section 45‑12‑4 and Section 6-5-2 of the Town of Barrington Home Rule Charter the Finance Director and the President of the Town Council acting on behalf of the Town, are authorized to issue and refund, from time to time, not to exceed $5,000,000 interest bearing notes issued in anticipation of the receipt of the proceeds of the annual tax assessed or to be assessed upon the taxable property within the said Town as of December 31, 2011 for the financial year July 1, 2012 to June 30, 2013 for the purpose of providing funds for the payment of the current liabilities and expenses of said Town. 

SECTION 2.  The manner of sale, amount, denominations, maturities

conversion or registration privileges, dated dates, due dates, interest rates, medium of payment, and other terms, conditions and details of the Notes authorized hereunder may be fixed by proceedings of the Town Council authorizing the issue or by separate resolution of the Town Council or, to the extent provisions for these matters are not so made, they may be fixed by the officers authorized to sign the Notes.

SECTION 3.  The Director of Finance/Treasurer and the President of the Town Council are authorized to take all actions necessary to comply with federal securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) and to execute and deliver if required in connection with the Notes a Continuing Disclosure Agreement or a Material Events Disclosure Agreement in the form as shall be deemed advisable by the Director of Finance and the President of the Town Council in order to comply with the Rule.  The Town hereby covenants and agrees that it will comply with and carry out all provisions of any such Continuing Disclosure Agreement or Material Events Disclosure Agreement, as either of them may be amended from time to time.  Notwithstanding any other provision of this Resolution or the Notes, failure of the Town to comply with any such Continuing Disclosure Agreement or Material Events Disclosure Agreement shall not be considered an event of default; however, any noteholder may take such actions as may be necessary and appropriate, including seeking a mandate or specific performance by court order, to cause the Town to comply with its obligations under this Section and under any such agreement. 

Motion passed (voice vote).

Appropriations Committee Chairwoman Kathryn Cadigan introduced the Appropriations Committee members and read her message located in the Committee’s Report.

REPORT OF THE APPROPRIATIONS COMMITTEE FOLLOWS:

Mrs. Califano stated that the school budget is by state law a bottom line budget.  Motion and seconded by Kari and William Banas, 75 Fales Avenue, who filed an amendment to their original motion filed on May 16 that requested $108,000 be added to the school district budget are now asking that $144,000 be added to the bottom line of the school budget.  They would like this money to be used to restore the woodshop program at the Middle School and the woodshop saw dust removal system be brought up to code in response to the Barrington Fire Marshall notification received in 2012.  School Superintendant Dr. MacIntyre is not happy that the cut was made and the program is important to many people.  Jon Leviss, 7 Maxfield Court, asked what programs should be eliminated, the process should be explained so that an intelligent vote can be cast.  Those speaking in favor of the motion were Ken Jackson, 167 Lincoln Avenue, (Mr. Jackson donated money to be used to restore the woodshop program.); Ann Strong, 55 Teed Avenue; Joel Hellmann, 13 Richmond Avenue; Cameron Hummel, 8 Hearthwood Drive;

Tracey Phillips, 25 Woodland Road; Nancy Morrissette, 74 Ferry Lane; Sarah O’Brien, 88 Boyce Avenue; Anthony V. Arico, Jr., 166 Lincoln Avenue and Sharon Hellmann, 13 Richmond Avenue.  Supporting the Appropriations Committee were John Fitta, 153 New Meadow Road and Frank Douglas, 25 Rumstick Road.  Mrs. Califano called for a voice vote.  The vote was inconclusive.  Mrs. Califano called for a standing vote.  The motion passed 61 in favor and 52 opposed.  Al Schrade, 5 Driftwood Drive, said the count was not accurate and called for a redo.  The second vote taken also passed the motion to *add $144,000 to the budget, 68 in favor and 65 opposed.  Mrs. Califano stated if there are no further questions or comments, you have adopted a school budget.

Municipal Budget     

Mrs. Califano asked if there were any comments or questions; there were not. 

Mrs. Califano stated, you have approved the municipal budget.

Mrs. Califano asked if there were any questions on the Sewer Utility; there were not.

Revenues

Mrs. Califano stated that revenues are established outside the authority of the Town Meeting but if you have any questions about revenues, this is the time to ask.  There were no questions. 

Motion and seconded to adopt the following resolution:

RESOLUTION ADOPTING THE REPORT OF THE

COMMITTEE-ON-APPROPRIATIONS

RESOLVED:  that the report of the Committee-on-Appropriations, appointed to prepare a budget, be adopted, as amended, and in accordance therewith, the sum of $58,495,062

$58,668,552 be and the same hereby is appropriated to be expended during the fiscal year ending June 30, 2013, and the Finance Director is hereby authorized and directed to pay out of the several appropriations mentioned, said sums within the amounts appropriated, as may be required upon receipt by him of proper vouchers approved by the Town Manager, or otherwise as provided by law. 

BE IT FURTHER RESOLVED:  that the report of the Committee-on-Appropriations with regard to the Sewer Enterprise Fund be adopted and in accordance therewith the sum of $3,220,276 be and the same hereby is appropriated to be expended during the fiscal year ending June 30, 2013, and the Finance Director is hereby authorized and directed to pay out of the Sewer Enterprise Fund said sums within the amount appropriated as may be required upon receipt by him of proper vouchers approved by the Town Manager or otherwise as provided by law.  The expenditure shall be supported by revenue generated by said fund. 

Motion passed (voice vote).

Motion and seconded to adopt the following resolution:

RESOLUTION ORDERING THE LEVY AND COLLECTION OF A TAX AND

DEALING WITH KINDRED MATTERS

RESOLVED:  that the electors of the Town of Barrington, qualified to vote on any proposition to impose a tax, in Town Meeting assembled, on this 23^rd day of May, a.d. 2012, hereby order the levy and collection of a tax on the ratable real estate, the ratable tangible personal property, ratable tangible personal property of manufacturer's machinery and equipment (the rate of said ratable tangible personal property of manufacturer's consisting of manufacturer's machinery and equipment to be in accordance with limitations and provisions of statutory law of the State of Rhode Island) and motor vehicle excise tax in the sum not less than $55,004,613 nor more than $57,369,421 said tax to be for ordinary expenses and charges, for the payment of interest and indebtedness in full or in part of said Town and for other purposes authorized by law.

The Tax Assessor shall apportion said tax on the inhabitants and taxable property of said Town according to law, and shall, upon completion of said resulting tax roll, date, certify and sign the same and deliver to and deposit the same in the Office of the Town Clerk.  The Town Clerk, upon receipt of said assessments, shall forthwith make a copy of same and deliver it to the Finance Director with a warrant under her hand directed to the Collector of Taxes of said Town commanding him to proceed to collect said tax on the person and estates liable therefor.  Said tax shall be due and payable on the 1^st day of September, a.d. 2012, and all taxes remaining unpaid after September 28, 2012, shall carry until collected, a penalty at the rate of 18 per cent per annum from the due date of any quarterly installment, PROVIDED, HOWEVER, that the persons assessed to pay their taxes shall have an option to pay the same in equal quarterly installments; the first installment of twenty-five per centum on or before the 28^th day of September 2012, and the remaining installments as follows:  twenty-five per centum on or before the 31^st day of December 2012, twenty-five per centum on or before the 29^th day of March 2013, and twenty-five per centum on or before the 28^th day of June 2013.

If the first installment or any succeeding installments of taxes is not paid by the last date of the respective installment period or periods as they occur then the whole tax or remaining unpaid balance of the tax as the case may be shall immediately become due and payable and shall carry until collected a penalty at the rate of 18 per cent per annum.

As of the 31^st day of December 2012, at twelve o'clock midnight, the Assessor of Taxes shall determine the assessed valuation of ratable property in the Town for tax purposes and against such assessed valuations so determined shall apportion the tax levy to be made by the electors in Financial Town Meeting on May 22, 2013 on the inhabitants of the Town and ratable property therein to meet appropriations.

RESOLVED:  that the Collector of Taxes is hereby directed to attend any meeting of the Town Council held on its regular meeting date on or before May 2013 prepared to certify to the Council the names of all persons whose taxes have remained unpaid or have been paid under protest as of that date, together with all amounts due from each, and also all the information in his possession connected with each case.  The Tax Collector shall also prepare and certify to the Town Council the names of all persons to whom he recommends there shall be granted tax abatements on tangible personal property because they have deceased leaving no assets, have moved out of State leaving no assets or whose tax has been ruled uncollectible by court, as provided in the General Laws of Rhode Island, 1956, as amended, Title 44, Chapter 7, Section 14, as amended to date, together with the reason for the abatement and the amount.

RESOLVED:  that the Assessor of Taxes is directed to attend any meeting of the Town Council held on its regular meeting date on or before May 2013 prepared to certify to the Council the names of all persons recommended to be granted tax abatements because of mistakes in the assessment as provided in the General Laws of 1956, Title 44, Chapter 7, Section 14, as amended to date, together with the nature of the mistake, the valuation and the amount of tax recommended for abatement.

RESOLVED:  that the Town Council is hereby authorized, empowered and directed to investigate each case so brought before them, and whenever in their judgment, the tax has been illegally or wrongfully assessed or the tax on any tangible personal property is uncollectible because the owner has deceased leaving no assets, has moved out of State leaving no assets or whose tax has been ruled uncollectible by the court, they are hereby authorized and empowered to remit such tax.  In all cases, the Collector of Taxes is hereby directed to collect by process of law, all taxes due and unpaid on August 1, 2012.  The Collector of Taxes is further directed to collect by process of law all tangible personal property taxes levied in 2012, which remain unpaid on September 28, 2012 unless being paid quarterly.

RESOLVED:  that the Finance Director is hereby authorized to hire such sum or sums of money as may be necessary for the operation of the Town Government, and

RESOLVED:  that the Finance Director and Collector of Taxes and such other Town Officers as the Town Council may designate shall secure their bonds from some good surety company and the Town assume the expenses.

Motion passed (voice vote).

Motion and seconded to adopt the following resolution:

RESOLUTION TO ESTABLISH TAX RATES

RESOLVED:  that the real estate and personal property tax rate be set at not greater than $18.00 per $1,000 valuation and the motor vehicle tax rate be set at $42.00 per $1,000 valuation. 

Motion passed (voice vote).

Motion by Mary Alyce Gasbarro, Chairwoman of the Democrat Town Committee, and seconded by Stephen B. Primiano, Chairman of the Republican Town Committee, to adopt the following resolution:

RESOLUTION APPOINTING A COMMITTEE TO PREPARE A BUDGET AND SUBMIT A REPORT

RESOLVED:  that a committee of five (5) consisting of Kathryn D. Cadigan, 88 Rumstick Road; Nicholas R. DeRosa, 392 Sowams Road; Geoffrey E. Grove, 16 Robbins Drive; Timothy R. Sweetser, 12 Roberta Drive and  Rosetta Narvaez, 14 Valentine Circle is hereby appointed to hold a public meeting on the second Wednesday in May 2013 at 7:00 o'clock p.m. for the purpose of hearing all persons interested in preparing a budget to be presented to the Financial Town Meeting and to submit a printed report of their recommendations for expenditures to the Financial Town Meeting, and the amount of tax which will be necessary to levy to pay such expenses, and

RESOLVED:  that in case of a vacancy in the committee after the appointment of its members, such vacancy shall be filled immediately by the Town Council, and

RESOLVED:  further that the Town Clerk with the said Committee-on-Appropriations shall prepare and have printed an order of business for each Financial Town Meeting.  The  motion passed (voice vote).

Motion and seconded to dissolve the Financial Town Meeting at 8:50 p.m.  The motion passed (voice vote).

Linda H. James, Town Clerk