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 Regular 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, August 17, 2020 at 6:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues, Arrives at 6:19 p.m.
Councillor Terri Flynn
Councillor Henry F. Lombardi, Jr.
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Participants of the meeting other than the Town Council joined the meeting by zoom.
The Middletown Town Council follows the codification of present-day general parliamentary law as articulated in Robert’s Rules of Order Newly Revised 10th edition (2000), together with whatever rules of order the Council has adopted for its own governance. The motion to reconsider is one of the motions that can bring a question again before an assembly, and is designed to bring back for further consideration a motion which has already been voted on:
If, in the same session that a motion has been voted on, but no later than the same day or the next day on which a business meeting is held, new information or a changed situation makes it appear that a different result might reflect the true will of the assembly, a member who voted with the prevailing side can, by moving to Reconsider [RONR (10th ed.), p. 304-321] the vote, propose that the question shall come before the assembly again as if it had not previously been considered. (From Robert’s Rules of Order Newly Revised In Brief, Robert, Evans et al., De Capo Press, 2004)
There were no reconsiderations.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (1) Collective Bargaining (Police- FOP) and (2) Potential Litigation. - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Councillor Santos, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:02 p.m.
On motion of Councillor Santos, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:16 p.m.
On motion of Councillor Santos, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to adjourn at 6:17 p.m. until 7:00 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene this meeting at 7:00 p.m.
Council President Sylvia announced that item #3 Application of Rock Lobster 69, LLC is continued to September 21, 2020, at the request of the Applicant’s Attorney.
7:00 P.M. - PRESENTATION
2. Memorandum of DPW Director, re: Maidford River Restoration Project/Southeast New England Program (SNEP).
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Public Works Director Tom O’Loughlin introduced Elizabeth Scott of Scott Consulting, who provided a power point presentation to the Town Council of the Maidford River Restoration Project. Mr. O’Loughlin noted that he is recommending the Town Council authorize the Town Administrator to execute a Memorandum of Agreement (MOA) which is intended to establish the shared expectations between the New England Environmental Finance Center, University of Southern Maine, the Town of Middletown and Aquidneck Land Trust. Mr. O’Loughlin explained there is no cost to the Town for this service.
Discussion centered around water quality, the enhancement of natural habit, using nature base solutions, no cost to the Town and the timeline for the project.
The presentation is on file in the Office of the Town Clerk. The presentation and discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to authorize the Town Administrator to execute the MOA for this project. (Maidford River Restoration Project)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to act as a Board of License Commission.
3. (Advertised and Abutters Notified)
Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a Class BV Liquor License to be used at the same premises. (NEW)
On motion of Vice President Rodrigues, duly seconded, to continue this item to the September 21, 2020, Regular Meeting of the Council, at the request of the Applicant’s Attorney.
Councillor Lombardi inquired if the Town Solicitor could present the Council with an advisory opinion regarding this application.
Town Solicitor Peter B. Regan noted he will provide an advisory opinion to the Council at the time the Council holds the public hearing.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene as a Town Council.
Vice President Rodrigues requested that items #6, #8, #9, #11, #13, #20, #21, #22 and #24 be heard under the regular portion of the agenda.
4. Approval of Minutes, re: Special Meeting, July 13, 2020.
5. Approval of Minutes, re: Special Meeting, July 16, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, re: Regular Meeting, July 20, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to amend item #19 of the minutes from July 20, 2020, which reads “ It was the consensus of the Council to have the Town Administrator contact the architect to present a two-story drawing of the facility”; to read “It was the consensus of the Council to have the Town Administrator contact the architect to present a three Dimensional Drawing of a three story building.”
7. At the request of Council President Sylvia, Resolution of the Council, re: Proclaiming September National Suicide Prevention Awareness Month.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
8. Notification to Abutters, re: Short-Term Response Report of Expedited Excavation and Disposal Response Action, 375W Utility Pole Installation Project, Pole No. 74, No. 64 and No. 34 along Mitchell’s Lane and Pole No. 4 along Wapping Road, Middletown, Rhode Island, File No. SR-19-1900.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said notification.
Councillor Flynn noted she just received more information this evening regarding the notification to abutters.
Town Solicitor Peter B. Regan explained that this notification does not apply to anything from the Town, information would be obtained from DEM.
Discussion centered if the Council can receive a map to find out what abutters were notified, contamination in the area and better communication.
9. Communication of Bari Freeman, Executive Director, Bike Newport, re: Appreciation for support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano inquired how the Council could have a meeting to discuss bike safety with Bike Newport.
Council President Sylvia noted to place the request on an upcoming docket.
10. Communication of Mark Gorman, Board Chair, Lucy’s Hearth, re: Appreciation for Civic Appropriations and Final report.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication and report.
Councillor Flynn noted that each Civic Appropriation request will be looked at individually for review.
11. Communication of Joseph Reposa, Executive Director, Rhode Island Resource Recovery Corporation, re: In recognition of the Town of Middletown reaching an MRF recycling rate of 36.8% in FY20.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Vice President Rodrigues congratulated the Town on it’s 36.8% recycling rate.
12. Resolution of North Smithfield School Committee, re: Amend Article I.
13. Resolution of the Town of North Smithfield, re: Urging the Continued Appropriation of State & Local Revenues to Support Public Education.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
Councillor Flynn noted the resolution does not say it was forward to the School Committees.
Council President Sylvia noted the resolution can be forwarded to the Middletown School Committee.
14. Resolution of the Town of Portsmouth, re: Recognizing and Honoring African American History in Rhode Island and Urging the Adoption of African American Education in Rhode Island’s K-12 Schools Starting in the 2021-2022 Academic Year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
15. Resolution of the Town of Portsmouth, re: Opposing Transfer of RI Turnpike and Bridge Authority (RITBA) Revenue and Management Authority to the Rhode Island Department of Transportation (RIDOT).
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
16. Resolution of the City of Newport, re: In opposition to proposed legislation and budget provisions that would transfer RITBA revenue to RIDOT.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
17. Resolution of the Town of Jamestown, re: In support of Urging the State of Rhode Island to Allocate, at least 10 percent of its $1.5 Billion in Federal Cares Act Funds to Establish a Grant Program for Small Businesses Impacted by Covid-19.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
18. Resolution of the Town of Jamestown, re: In support of the Rhode Island Turnpike and Bridge Authority – Opposing proposed legislation and budget provisions that would transfer RITBA revenue to RIDOT.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
19. Application of Boston Culinary Group, Inc. dba Island Cinemas, 105 Chases Lane for RENEWAL of a Mechanical Amusement Device License for the 2020-2021 licensing year. (4 Games)
20. Application of Shanji Jin dba Charming Nail & Spa, 957 West Main Road, for RENEWAL of a Body Works Establishment License for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, to grant said license renewal.
Councillor Santos inquired why there are no applicant signatures on items #20, #21 & #22?
Town Clerk Wendy J.W. Marshall, responding to Councillor Santos, explained that there is a new on-line licensing system, signatures do not appear on the printed applications.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
21. Application of Jingzhe Qiu, Middletown, for RENEWAL of a Body Works Personnel License to be used at Charming Nail & Spa, 957 West Main Road, for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
22. Application of Yong Yi Han, Middletown, for RENEWAL of a Body Works Personnel License to be used at Charming Nail & Spa, 957 West Main Road, for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
23. License of Burial, re: Diane Janaros and Peter Janaros – Section 54, Graves 62 & 63.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license of burial.
24. Adoption of Rules of the Council.
Councillor Flynn reviewed the background of the amendments to the Council rules, which were voted upon, June 15, 2020, entered here:
Enter Council rules
Councillor Flynn had inquiries for Councillor Lombardi regarding the Rules of the Council, #10 Every member of the Council present must vote on any question coming before it. No member may vote on any issue in which said member has a personal interest or conflict said member shall step down from the Council dais until said item is finished. This discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
Town Solicitor Peter B. Regan noted the rule #10, does not encourage or allow that members of the Council not vote.
Discussion centered around if a Councillor is present they should vote, the concern for transparency to the public, if the amended Council rules allows a Council member to abstain from a vote and the Council uses Robert’s Rules as a guide.
To view this discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
Councillor Flynn reviewed the background of the amendments to the Council rules, which were voted upon, June 15, 2020, entered above. Rule #34 - No materials, files, documents or notes taken by councilors during Executive Session be removed or taken out of Executive Session, no laptops, cell phones turned off; If a Councillor wants to review their Executive Session file, documents or notes taken by that councilor, he/she should make an appointment with the Town Clerk and request a time to review their Executive Session File. The Clerk will review the file noting all materials in the file before turning it over to the Councillor, the file is to inspected by the Clerk prior to the Councillor leaving, no cell phones or laptops at the time of reviewing the files; Councillors reviewing the files will be given a private space to review the Executive session file. The Councillor may not bring any materials including a notebook, pen or pencil, cell phone or any other recording device into the space while reviewing the Executive Session file; upon completion of reviewing the file the Clerk will review the file prior to the Councillor leaving to insure all materials are intact and in the file, no laptops. During Executive Session the Town Council, Town Solicitor, Town Administrator and Town Clerk shall be present, if others, including Department Heads need to be present during a discussion, they will be invited in only during the portion of the Executive Session, that pertains to them.
Councillor Flynn noted locking up executive session notes does not prevent information from being shared, and there is no benefit to the altered rules. Ms. Flynn also noted that the Town Clerk was not available on Sunday afternoon to allow her to review her notes.
Town Solicitor Peter B. Regan noted executive session notes and minutes are sealed.
Town Clerk Wendy J.W. Marshall explained that Council notes are saved until the item is disposed of.
This discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
Discussion centered around executive session notes taken by the Councillors, if the Councillor wants to review executive session notes it should be during Town Hall business hours, some Councillors are not available to review executive session notes during Town Hall business hours, executive session minutes are sealed and Councillor’s executive session notes are saved until the item is finished.
This discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
On motion of Vice President Rodrigues, duly seconded, it was voted to amend Council Rule #34 by adding that if a Councillor wishes to review executive session paperwork, it is to be done during regular Town Hall business hours; Councillor Flynn and Councillor Turano voted NO to said motion.
On motion of Vice President Rodrigues, duly seconded, it was voted to adopt said Rules of the Council, as amended; Councillor Flynn and Councillor Turano voted NO to said motion.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue this items #25, #26 and #27 to the September 21, 2020, Regular Meeting of the Council, at the request of the Applicant’s Attorney.
25. Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a
Victualling House License for the 2019-2020 licensing year. (NEW)
26. Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for an Amusement License for the 2020-2021 licensing year. (Acoustic, Some Amplified and Comedy) (NEW)
27. Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a Mechanical Amusement License for the 2020-2021 licensing year. (NEW)
28. Application for Special Event Permit from Bike to the Beach for Autism – New England for 100 –mile charity cycling event from Boston, MA to Newport, RI to be held on Saturday, September 5, 2020 12:00 p.m. to 4:00 p.m.
On motion of Vice President Rodrigues, duly seconded, to grant said Special Event Permit.
Discussion centered around if the applicant has a permit going before the Newport City Council at an upcoming meeting, Bike to the Beach is a great cause, the application included a COVID Plan, concern with the number of participants and social distancing and other special events that were cancelled in the Town.
The discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted to grant said Special Event Permit; Council President Sylvia, Vice President Rodrigues, Councillor Flynn, Councillor Lombardi, Councillor Santos, Councillor Turano and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
29. Memorandum of Town Planner, through Town Administrator, re: Revised Sewer Impact Fees Schedule.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above.
Ben Griffin, representing Tischler Bise, the Town’s Consultant, addressed the Council noting the study has the same components as the prior study in 2015, the only difference is the cost is slightly higher.
30. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XV: Land Use, Chapter 150 Development Impact Fees. (See Attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, it was voted, unanimously to receive said ordinance on its first reading.
31. Memorandum of Council President Sylvia, re: Oxbow Apartment Complex.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia reviewed the memorandum above.
Discussion centered around that Oxbow is a privately owned complex, Oxbow does not count toward the Town’s affordable housing, the need to make sure the residents of Oxbow understand that the inquiry has nothing to do with them, the Town does not take care of private property.
The discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to direct the Town Solicitor to thoroughly investigate the Oxbow Apartment Complex matter and present the Council with legal options.
32. Memorandum of Council President Sylvia, re: Rotary of Middletown – Offering Volunteer Services.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia reviewed the memorandum above.
James Holloman, Public Image Chair, Middletown Rotary Club, addressed the Council noting service projects which will beautify the Town.
Bethany Richards, Rotary Club President, addressed the Council, noting since the COVID-19 issue the Rotary Club has had to re-evaluate how they accomplish community service projects. Ms. Richards explained that the Rotary Club is interested in expanding their relationship with the Town.
Council President Sylvia thanked Mr. Holloman and Ms. Richards, noting the Town will send contact information to them.
Councillor Turano thanked the Rotary for any assistance they can provide to the Town.
The discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
33. Memorandum of Council President Sylvia, re: Enhanced Parking Program.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia reviewed the memorandum above.
Discussion centered around the parking program enforcements, Purgatory Chasm being owned by the State, the Town has an agreement with DEM, the Town has the right to ticket in the Purgatory Chasm area, the process followed for current parking violations, parking violations should not be a revenue generator, fees and fines being funneled to enforcement, unintended consequences for area residents (do not want residents getting tickets for parking on their own property), police can ticket and tow if the area is blocked and a safety issue, drafting an ordinance for enforcement and presenting a plan for enforcement.
The discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to direct the Town Solicitor to put an ordinance together that will eliminate/elevate the parking issues in the areas outlined in the memorandum above.
34. Memorandum of Council President Sylvia, re: Alternate Municipal Judge Appointment.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia reviewed the memorandum above.
On motion of Vice President Rodrigues, duly seconded, to appoint Probate Court Justice Michael Miller as Alternate Municipal Court Judge.
Discussion centered around job descriptions for Probate Judges, Municipal Court Judges and Town Solicitors, conflict Judges have been appointed in the past, Judge Michael W. Miller has been appointed as Municipal Court Conflict judge in the past.
The discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Probate Court Justice Michael Miller as Alternate Municipal Court Judge.
35. Communication of Councillor Lombardi, re: Resolution – Proposed Merger of RIBTA and RIDOT.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Councillor Lombardi reviewed the memorandum above.
Councillor Flynn noted concern with the word “likely” in the seventh and eighth whereas.
Town Solicitor Peter B. Regan noted the wording is legally acceptable.
36. Resolution of the Council, re: In opposition to proposed legislation and budget provisions that would transfer RITBA revenue to RIDOT.
On motion of Vice President Rodrigues, duly seconded, it was voted, to pass said resolution; Councillor Flynn voted NO to said motion.
37. At the request of Councillor Flynn, Resolution of the Council, re: Amend Article I.
On motion of Vice President Rodrigues, duly seconded, to pass said resolution.
Councillor Flynn noted that this resolution was technically not her request, she asked the Council if they would like to consider a similar resolution, which was submitted to this Council on July 20, 2020 by the Smithfield School Committee. Councillor Flynn explained a paragraph from the original resolution was removed, which referenced placing a question on the November 3, 2020 ballot as a referendum.
At vote was taken at this time.
Enter Resolution
On motion of Vice President Rodrigues, duly seconded, it was voted, unanimously to pass said resolution.
38. At the request of Councillor Flynn, Resolution of the Council, re: Condemning Racism and Urging Efforts to Recognize and Stop Racism.
On motion of Vice President Rodrigues, duly seconded, to pass said resolution.
Councillor Flynn noted that this resolution was technically not her request, she asked the Council if they would like to consider a similar resolution, which was submitted to this Council on July 20, 2020 by the Town of Little Compton. Mrs. Flynn gave the Council an amended version of the resolution, adding a paragraph.
Enter Resolution
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution, with the added paragraph.
39. Communication of Councillor Turano, re: “Going Back to School” – Discuss rollout strategy with School Committee and the budget for going back to school partially.
On motion of Vice President Rodrigues, duly seconded, to continue said item to continue said item, at the request of School Committee Chair Kellie Simeone, to the next regular meeting September 21, 2020.
Discussion centered around proposed student schedules, school budget remaining the same, school committee/administration held several zoom meetings/presentations for all grades, which were accessible to the public and the full back to school plan is on the school’s website.
The discussion in its entirety can be viewed online on the Town’s website www.middletownri.com or the DVD is available at the Middletown Library.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue said item to continue said item, at the request of School Committee Chair Kellie Simeone, to the next regular meeting September 21, 2020.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to act on item #47 at this time.
Items # 40 - #46 will be continued to the September 21, 2020 Regular Meeting of the Council, due to Council rule # 35 – Town Council Meetings shall adjourn by 10:30 p.m.
40. Communication of Councillor Flynn and Councillor Turano, re: Beach Ordinance/Dogs.
41. Memorandum of Town Administrator, re: FY21 Civic Appropriations.
42. Memorandum of Town Administrator, re: Request to Fund Bicycle Repair Station.
43. Memorandum of Finance Director, thru Town Administrator, re: Senior Affordable Housing – Change order for real estate market study.
44. Resolution of the Council, re: Senior Affordable Housing – Change order for real estate market study.
45. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 06/30/2020 – Town of Middletown.
46. Memorandum of Finance Director, thru Town Administrator, re: Municipal Financial Report- Year ended June 30, 2020.
47. Executive Order 2020-13 Extension of State of Emergency in Middletown through and including September 21, 2020.
On motion of Vice President Rodrigues, duly seconded, to extend the State of Emergency in Middletown through and including September 21, 2020.
Vice President Rodrigues noted concern that Town Hall is not open to the public.
Councillor Lombardi inquired about emergency voting in Town.
Town Clerk Wendy J.W. Marshall noted that emergency voting is in the Council Chambers, voters will enter and exit through the handicapped door on the right side of the building and the rest of the building is not to the public.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted, to extend the State of Emergency in Middletown through and including September 21, 2020; Vice President Rodrigues, Councillor Turano and Councillor Santos voted NO to said motion.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:34 P.M
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri