THIS MEETING CAN BE HEARD IN ITS ENTIRETY ON THE TOWN OF MIDDLETOWN WEBSITE WWW.MIDDLETOWNRI.COM OR THE DVD IS AVAILABLE AT THE MIDDLETOWN LIBRARY.

At a Special Meeting of the Town Council of the Town of Middletown, RI held by telephone conference at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, May 26, 2020 at 7:00 P.M.

Council President Robert J. Sylvia, Presiding

Vice President Paul M. Rodrigues

Councillor Terri Flynn

Councillor Henry F. Lombardi, Jr.

Councillor M. Theresa Santos

Councillor Dennis B. Turano

Councillor Barbara A. VonVillas

Members Present by Teleconference and Webinar.

TOWN OF MIDDLETOWN

TOWN COUNCIL SPECIAL MEETING – MAY 26, 2020

POSTED – MAY 20, 2020

Said meeting will be conducted by telephone conference call/ webinar on Tuesday, May 26, 2020 at 7:00 P.M., in accordance with Executive Order 20-25 issued by Governor Raimondo on April 15, 2020, extended on May 15, 2020, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) as part of the State’s emergency response to COVID-19. Members of the public may access and listen to the meeting in real-time by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 840 3911 3190; or On the web at https://us02web.zoom.us/j/84039113190.

ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri

POSTED – May 20, 2020

Wendy J.W. Marshall, Town Clerk

Town of Middletown

Town Hall – 350 East Main Road

Middletown, Rhode Island 02842

Pursuant to the provisions of Article II, Section 203 of the Town Charter and in accordance with Sections 42-46-2., 42-46-4., 42-46-5., and 42-46-6., RIGL, I hereby call a Special Meeting of the Town Council to formally consider, discuss and act upon the following items of business. All items on this agenda, may be considered, discussed and voted upon.

PLEDGE OF ALLEGIANCE TO THE FLAG

CONSENT

(Continued from March 16, 2020, Regular Meeting)

Resolution of the Council, re: Requesting the Rhode Island General Assembly to enact changes to Section 44-5-11.8 of the Rhode Island General Laws, authorizing the Town of Middletown, by ordinance, to adopt a tax classification plan in accordance with the provisions of R.I.G.L. 44-5-11.8 (a) & (b), to be applicable to taxes assessed on or after the assessment date of December 31, 2019. (The Administration requests item to be withdrawn)

ORDINANCES

(Continued from March 16, 2020, Regular Meeting)

Communication of Councillor Lombardi, re: Homestead Ordinance.

(Continued from March 16, 2020, Regular Meeting)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title III Administration, Chapter 34, Taxes, Section 34.10 Homestead Exemption. (New Section; See Attached Ordinance)

4. (Continued from March 16, 2020, Regular Meeting)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title XI Business Regulations, Chapter 113 Food Service. (See Attached Ordinance)

TOWN COUNCIL

Memorandum of Council President Sylvia, re: Third Beach Discussion/Status.

6. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Council President Sylvia, re: Establish Budget a Town Budget Schedule.

TOWN ADMINISTRATOR

7. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Council Update – Bond Issue for Athletic Fields.

8. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Finance Director dated April 17, 2020, thru Town Administrator, re: FY2020 Budget Adjustments as of March 31, 2020.

9. (Continued from May 18, 2020, Regular Meeting)

Resolution of the Council, re: FY2020 Budget Adjustments as of March 31, 2020.

10. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Finance Director dated April 24, 2020, thru Town Administrator, re: FY2020 Budget Adjustments as of March 31, 2020.

11. (Continued from May 18, 2020, Regular Meeting)

Resolution of the Council, re: FY2020 Budget Adjustments as of March 31, 2020.

12. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Finance Director, thru Town Administrator, re: Municipal Financial Report – Nine months ended March 31, 2020.

BOARDS AND COMMITTEES

(Continued from March 16, 2020, Regular Meeting)

Appointment of one (1) member to the Citizens Memorial Committee, indefinite term.

(Continued from March 16, 2020, Regular Meeting)

Appointment of two (2) members to the Roads and Utilities Advisory Committee, one (1) vacancy, resident member, to complete a term expiring January 2021 and one (1) vacancy, professional member term expiring January 2023.

____________________________________

Robert J. Sylvia, President

Middletown Town Council

cc :	Town Council		Public Library		Finance Director
	Town Administrator		Town Solicitor		School Committee

This meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 847-0009 not less than 48 hours before this meeting.

Posted on May 20, 2020 at Middletown Town Hall, Middletown Fire Department, Middletown Web Site and Secretary of State Web Site.

Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri

Council President announced – If you are participating by phone and wish to speak press *9 on the telephone. If you are on the Zoom application and wish to speak raise your hand. Please do not raise your hand until we are on the item that you wish to speak about.

Council President announced- In regards to discussion, each Councillor will have 5 minutes and then another 3 minutes after discussion, then we will vote. Any member of the public who wishes to speak will have 3 minutes to speak.

CONSENT

1. (Continued from March 16, 2020, Regular Meeting)

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to withdraw this resolution at the request of the Administration. (All Councillors were polled by Council President Sylvia for their vote.)

ORDINANCES

2. (Continued from March 16, 2020, Regular Meeting)

Communication of Councillor Lombardi, re: Homestead Ordinance.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication. (All Councillors were polled by Council President Sylvia for their vote.)

Councillor Lombardi brought this request before the Council based on public concerns. Mr. Lombardi reviewed the communication above.

Discussion centered around that there is a penalty for falsifying information to receive a homestead exemption, the relevance of Section 34.10, 34.8 and 34.15 of the homestead ordinance, flexibility within the proposed homestead ordinance for future Councils, concern of the predictability of the tax amount and obtaining information from other communities which have a homestead exemption.

Lawrence Frank, 8 O’Donnell Road, addressed the Council noting support of a homestead ordinance, but has issues with some of the proposed ordinance language. Mr. Frank explained that only residents who live if their homes full time with no short-term rental should benefit from this exemption.

John Bagwill, 587 Tuckerman Avenue, Member of MEDAC, addressed the Council explaining that MEDAC approved the concept of a homestead exemption.

Discussion centered around a having a predictable senior exemption, people being forced from their homes because of taxes, meeting in person regarding the homestead ordinance and needing more information regarding the homestead ordinance.

On motion of Councillor Turano, duly seconded, to continue this matter when we can meet in person and hear from the public

Discussion centered around the need more facts, stability and predictability of the proposed ordinance and the need to take care of the full-time residents.

At this time the motion was voted upon.

On motion of Councillor Turano, duly seconded, it was voted unanimously to continue this matter when we can meet in person and hear from the public. (All Councillors were polled by Council President Sylvia for their vote.)

3. (Continued from March 16, 2020, Regular Meeting)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title III Administration, Chapter 34, Taxes, Section 34.10 Homestead Exemption. (New Section; See Attached Ordinance)

On motion of Council President Sylvia, duly seconded, it was voted unanimously to continue the Homestead Ordinance to the June 15, 2020 Regular Meeting of the Council. (All Councillors were polled by Council President Sylvia for their vote.)

4. (Continued from March 16, 2020, Regular Meeting)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title XI Business Regulations, Chapter 113 Food Service. (See Attached Ordinance)

On motion of Vice President Rodrigues, duly seconded, to receive said ordinance on its first reading

Councillor Flynn inquired if the proposed ordinance is limited to authorized concessionaires from the town bids.

Town Solicitor Peter B. Regan noted he had re-drafted the ordinance since the last ordinance was not adopted, Mobile Food Establishment licenses will be limited to day to day operations at the beaches, and Special Event licenses can be issued for small or large events.

Discussion centered around coffee trucks, the ordinance only for the beach and special events, no other trucks will be in Middletown other than the one’s with the beach bids, a 6:30 am start time for food trucks and the food truck at Enterprise center.

A vote was taken at this time.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said ordinance on its first reading. (All Councillors were polled by Council President Sylvia for their vote.)

TOWN COUNCIL

5. Memorandum of Council President Sylvia, re: Third Beach Discussion/Status.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)

Town Administrator Shawn Brown noted that Third Beach opened Saturday, May 23, 2020, all went very well over the weekend. Mr. Brown explained there were some cars that were ticketed and towed from the beach area.

Colleen Murphy, 5 Collins Terrace, addressed the Council, inquiring how may parking places at Third Beach.

Town Administrator Shawn Brown, responding to Ms. Murphy, noted there are 80 spots.

Discussion centered around the number of Town employees working regular time and over time at the beach, 4 Police Officers and 3 Public Works employees and employees working are both regular time and over time.

6. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Council President Sylvia, re: Establish Budget a Town Budget Schedule.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)

Council President Sylvia asked the Council members their thoughts regarding a budget schedule.

Discussion centered around night meetings, a Saturday meeting, waiting to have the Saturday meeting later in June because of the uncertainty of the state budget, if the schools will receive federal monies, how the meeting will be held if by zoom or maybe at one of the schools and wanting to have all the facts when reviewing the Town budget.

On motion of Council President Sylvia, duly seconded, it was voted unanimously to schedule a budget meeting for Saturday, June 27, 2020 at 9:00 a.m. (All Councillors were polled by Council President Sylvia for their vote.)

TOWN ADMINISTRATOR

7. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Council Update – Bond Issue for Athletic Fields.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)

Finance Director Marc Tanguay reviewed the following slide and memorandum above.

Docket Item #7: Bond Issue for Athletic Fields

§ Purpose of bond is to fund the contract for multipurpose athletic fields

§ Different process than in the past – using a direct placement instead of public offering

§ Direct placement provides the best benefits for the town at this time

• Efficient

• Lower costs (rating, printing documents, agent, bond council)

§ 2.1% for 10 years

§ Closing is scheduled for the first week of June

8. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Finance Director dated April 17, 2020, thru Town Administrator, re: FY2020 Budget Adjustments as of March 31, 2020.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)

Finance Director Marc Tanguay reviewed the following slide and memorandum above.

Docket Item #8: Covid-19 Budget Adjustments for FY 2020 Revenue Impact

§ Distinguish between revenue delays and timing issues (liquidity) vs. revenue lost (solvency)

§ Estimated through the end of FY 2020

Liquidity

Property taxes
Penalties

§ Miscellaneous tax collections

Solvency

§ Traffic violations

§ Police cruiser details

§ Hotel tax

§ Meal and beverage tax

§ Deferred purchase of fire pumper

§ Includes additional costs of fire contract

§ Overall budget adjustments are a reduction of $597K

9. (Continued from May 18, 2020, Regular Meeting)

Resolution of the Council, re: FY2020 Budget Adjustments as of March 31, 2020.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution. (All Councillors were polled by Council President Sylvia for their vote.)

10. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Finance Director dated April 24, 2020, thru Town Administrator, re: FY2020 Budget Adjustments as of March 31, 2020.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)

Finance Director Marc Tanguay reviewed the following slide and memorandum above.

Docket Item #10: Budget Adjustments – Through March 31, 2020

§ Nine General Fund budget adjustments

§ Total budget adjustments increase the budget $416,420

§ Adjustments to the following areas:

§ Building

§ Information Technology

§ Non-department specific (severance)

§ Town Council

§ Town Solicitor

11. (Continued from May 18, 2020, Regular Meeting)

Resolution of the Council, re: FY2020 Budget Adjustments as of March 31, 2020.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution. (All Councillors were polled by Council President Sylvia for their vote.)

12. (Continued from May 18, 2020, Regular Meeting)

Memorandum of Finance Director, thru Town Administrator, re: Municipal Financial Report – Nine months ended March 31, 2020.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and report. (All Councillors were polled by Council President Sylvia for their vote.)

Finance Director Marc Tanguay reviewed the following slide and memorandum above.

Docket Item #12:

Financial Statements - Through March 31, 2020

BOARDS AND COMMITTEES

Councillor Santos recused herself from acting on the following item of business #13, due to a possible conflict of interest.

13. (Continued from March 16, 2020, Regular Meeting)

Appointment of one (1) member to the Citizens Memorial Committee, indefinite term.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Charles DiTucci to the Citizens Memorial Committee for an indefinite term. (All Councillors were polled by Council President Sylvia for their vote.)

14. (Continued from March 16, 2020, Regular Meeting)

On motion of Councillor Santos, duly seconded, it was voted unanimously to appoint Matthew Sullivan as a professional member term expiring January 2023, to the Roads and Utilities Advisory Committee. (All Councillors were polled by Council President Sylvia for their vote.)

On motion of Councillor Turano, duly seconded, it was voted unanimously to appoint Thomas Darby as resident member to complete a term expiring January 2021, to the Roads and Utilizes Advisory Committee. (All Councillors were polled by Council President Sylvia for their vote.)

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn at 9:21 P.M. (All Councillors were polled by Council President Sylvia for their vote.)

_________________________

Wendy J.W. Marshall, CMC

Council Clerk

Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri