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 Saturday, December 5, 2020 at 9:00 A.M.
Councillor Elect Terri Flynn, Members Present
Councillor Elect Paul M. Rodrigues
Councillor Elect M. Theresa Santos
Councillor Elect Robert J. Sylvia
Councillor Elect Dennis B. Turano
Councillor Elect Barbara A. VonVillas
Councillor Elect Thomas P. Welch, III
Town Clerk presiding
POSTED & AMENDED – December 2, 2020
SPECIAL MEETING DATE – December 5, 2020
Said meeting will be conducted by telephone conference call/ webinar on Saturday, December 5, 2020 at 9:00 A.M., in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended to December 8, 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: 849 2176 5999 ; or on the web at https://us02web.zoom.us/j/84921765999.
Wendy J.W. Marshall, Town Clerk
Town of Middletown
Town Hall – 350 East Main Road
Middletown, Rhode Island 02842
Dear Mrs. Marshall:
Pursuant to the provisions of Article II, Section 203 of the Town Charter and in accordance with Sections 42-46-2., 42-46-3. and 42-46-6., RIGL, we hereby call a Special Meeting of the Town Council Elect to unofficially consider, discuss and act upon the following items of business, all items on this agenda may be considered, discussed and voted upon:
Town Council Elect to unofficially discuss leadership, Town Council appointments and other matters related thereto.
Said meeting will be held on Saturday, December 5, 2020, at 9:00 A.M. Town Council Elect will meet in accordance with Executive Order 20-46.
| __________________________ | | | ________________________ |
| Terri Flynn | | | Paul M. Rodrigues |
| Middletown Town Council Elect | | | Middletown Town Council Elect |
| CC: | Town Council Elect | Town Administrator |
| | Town Solicitor | Public Library |
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 the meeting.
Present also were Town Administrator Shawn Brown, Town Solicitor Peter B. Regan and Deputy Town Clerk Karin Clancey.
All votes were polled by the Town Clerk.
On motion of Councillor Elect Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Town Clerk Wendy J.W. Marshall noted that all votes taken at the meeting are non-binding. The same process will be followed on Monday, December 7, 2020 at the Inauguration, at which time the votes will be binding.
Town Clerk Wendy J.W. Marshall requested nominations for Council President.
Councillor Elect Flynn nominated Paul M. Rodrigues.
Councillor Elect Welch nominated Dennis B. Turano.
Councillor Elect VonVillas nominated Robert J. Sylvia.
Councillor Elect VonVillas noted that there is no better person for the position, he knows the residents, has no self interest and is prepared for meetings.
The names of Paul M. Rodrigues, Dennis Turano and Robert J. Sylvia were placed in nomination.
There being no further nominations, nominations for this position were closed.
Councillor Elect Flynn reviewed the procedures for nominations and read Section 204 Presiding Officer from the Town Charter. Mrs. Flynn also noted the dockets are not organized and additional information is needed for agenda items. Councillor Elect Flynn noted that she nominated Council Elect Rodrigues, not just because of his high vote count, but he is embraced by the community at large. Councillor Elect Flynn explained that Middletown is divided, and the citizens need a reason to get excited.
Councillor Elect Paul M. Rodrigues requested that his name be withdrawn from nomination, noting he does not have the necessary time for the position.
Councillor Elect Welch noted he nominated Councillor Elect Turano explaining it is it is time for a change. Mr. Welch noted that Councillor Elect Turano does his job quietly and puts his time in.
Councillor Elect Flynn noted she was looking for clarification from Councillor Elect Rodrigues that he does not have time to be Council President as outlined in the Charter.
Councillor Elect Rodrigues noted it takes a lot of time to be prepared for each meeting. Mr. Rodrigues explained there is constant communication with the Town Administrator and Town Solicitors and his current job does not allow for the extra time.
Councillor Elect Flynn withdraw her nomination for Councillor Elect Rodrigues as Council President.
Councillor Elect Turano noted the need for leadership change. Mr. Turano explained he has experience to be an effective Town Council President and believes he can bring unification back to the Town.
A vote was taken to Elect Councillor Elect Turano as Council President; Councillor Elect Flynn, Councillor Elect Turano and Council Elect Welch voted YES; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia and Councillor Elect VonVillas voted NO; Failed To Pass.
A vote was taken to Elect Councillor Elect Sylvia as Council President; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia and Councillor Elect VonVillas voted YES; Councillor Elect Flynn, Councillor Elect Turano and Councillor Elect Welch voted NO; Councillor Elect Sylvia was Elected Council President.
Town Clerk Wendy J. W. Marshall requested nominations for Council Vice President.
Councillor Elect Flynn nominated Dennis B. Turano.
Councillor Elect Welch nominated Terri Flynn.
Councillor Elect Santos nominated Paul M. Rodrigues.
The names of Dennis Turano, Terri Flynn and Paul M. Rodrigues were placed in nomination.
There being no further nominations, nominations for this position were closed.
Councillor Elect Flynn noted Councillor Elect Turano has time for the position and would balance out the leadership.
Councillor Elect Welch noted this is the time for a change and Councillor Elect Flynn has time to put in for the job and does her homework. Mr. Welch explained Councillor Elect Flynn would be a good face for the Town Council to move forward.
A vote was taken to Elect Councillor Elect Turano as Council Vice President; Councillor Elect Flynn, Councillor Elect Turano and Council Elect Welch voted YES; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia and Councillor Elect VonVillas voted NO; Failed to pass.
A vote was taken to Elect Councillor Elect Flynn as Council Vice President; Councillor Elect Flynn, Councillor Elect Turano and Council Elect Welch voted YES; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia and Councillor Elect VonVillas voted NO; Failed to pass.
A vote was taken; it was voted unanimously to Elect Councillor Elect Rodrigues as Council Vice President.
Town Clerk Wendy J.W. Marshall requested nominations for Town Solicitor.
Councillor Elect Sylvia nominated Peter B. Regan.
The name of Peter B. Regan was placed in nomination.
There being no further nominations, nominations for this position were closed.
Council Elect Flynn inquired the qualification for a Town Solicitor.
Town Clerk Wendy J.W. Marshall read Section 607 Town Solicitor from the Town Charter.
Councillor Elect Sylvia reviewed Peter B. Regan’s qualifications for the position.
Discussion centered around changing the Town Charter of Council appointments, experience for the position is an important requirement for the position, the appointee providing proof of membership in good standing to the RI Bar Association, advertising for appointed positions and Councillor’s bringing nominations for the positions.
A vote was taken to appoint Peter B. Regan as Town Solicitor; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia, Councillor Elect Turano, Councillor Elect VonVillas and Councillor Elect Welch voted YES; Councillor Elect Flynn voted NO; Peter B. Regan was appointed Town Solicitor.
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Councillor Flynn noted that she can not support appointments to positions without proof of good standing with the RI Bar Association.
Town Clerk Wendy J.W. Marshall requested nominations for Assistant Town Solicitors.
Councillor Elect Sylvia nominated Richard Sayer, Adam Thayer and Christopher McNally.
The names of Richard Sayer, Adam Thayer and Christopher McNally have been placed in nomination.
There being no further nominations, nominations for this position were closed.
A vote was taken; it was voted unanimously to appoint Richard Sayer, Adam Thayer and Christopher McNally as Assistant Town Solicitors.
Town Clerk Wendy J.W. Marshall requested nominations for Town Solicitor for Prosecution.
Council Elect VonVillas nominated Anthony Pesare.
Council Elect VonVillas reviewed Mr. Pesare’s qualifications for the position.
The name of Anthony Pesare was placed in nomination.
There being no further nominations, nominations for this position was closed.
A vote was taken; it was voted unanimously to appoint Anthony Pesare as Assistant Town Solicitor for Prosecution.
Town Clerk Wendy J.W. Marshall requested nominations for Probate Judge.
Councillor Elect Sylvia nominated Michael W. Miller.
Councillor Elect Sylvia noted Mr. Miller’s qualifications for the position.
The name of Michael W. Miller was placed in nomination.
There being no further nominations, nominations for this position were closed.
A vote was taken to appoint Michael W. Miller as Probate Judge; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia, Councillor Elect Turano, Councillor Elect VonVillas and Councillor Elect Welch voted YES; Councillor Elect Flynn voted NO; Michael W. Miller was appointed as Probate Judge.
Town Clerk Wendy J.W. Marshall requested nominations for Assistant Probate Judge.
Councillor Elect Santos nominated Barbara A. Barrow.
Councillor Elect Welch nominated Adrien Ventura.
The names of Barbara A. Barrow and Adrien Ventura were placed in nomination.
There being no further nominations, nominations for this position were closed.
Discussion centered around having two Assistant Probate Judges.
A vote was taken to appoint Barbara A. Barrow as First Assistant Probate Judge; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia, Councillor Elect Turano, Councillor Elect VonVillas and Councillor Elect Welch voted YES; Councillor Elect Flynn voted NO; Barbara A. Barrow was appointed as First Assistant Probate Judge.
A vote was taken to appoint Adrien Ventura as Second Assistant Probate Judge; Councillor Elect Flynn, Councillor Elect Rodrigues, Councillor Elect Sylvia, Councillor Elect Turano, Councillor Elect VonVillas and Councillor Elect Welch voted YES; Councillor Elect Santos voted NO; Adrien Ventura was appointed as Second Assistant Probate Judge.
Town Clerk Wendy J.W. Marshall requested nominations for Municipal Court Judge.
Councillor Elect Turano nominated Dana Harrell.
Councillor Elect Turano reviewed Ms. Harrell’s qualifications for the position.
Councillor Elect Rodrigues nominated Francis S. Holbrook, II.
Councillor Elect Rodrigues reviewed Mr. Holbrook’s qualifications for the position.
The names of Dana Harrell and Francis S. Holbrook, II were placed in nomination.
There being no further nominations, nominations for this position were closed.
A vote was taken to appoint Dana Harrell as Municipal Court Judge; Councillor Elect Turano voted YES; Councillor Elect Flynn, Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia, Councillor Elect Turano, Councillor Elect VonVillas and Councillor Elect Welch voted NO; Nomination failed to pass.
A vote was taken to appoint Francis S. Holbrook, II as Municipal Court Judge; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia, Councillor Elect Turano, Councillor Elect VonVillas and Councillor Elect Welch voted YES; Councillor Elect Flynn voted NO; Francis S. Holbrook, II was appointed Municipal Court Judge.
Town Clerk Wendy J.W. Marshall requested nominations for Assistant Municipal Court Judges.
Councillor Elect Turano nominated Dana Harrell.
Councillor Elect Rodrigues nominated Robert Silva as First Assistant and Kevin Hagan as Second Assistant.
The names of Dana Harrell, Robert Silva and Kevin Hagen were placed in nomination.
There being no further nominations, nominations for this position were closed.
A vote was taken to appoint Dana Harrell as Assistant Municipal Court Judge; Councillor Elect Turano and Councillor Elect Welch voted YES; Councillor Elect Flynn, Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia, and Councillor Elect VonVillas voted NO; Nomination failed to pass.
A vote was taken to appoint Robert M. Silva as First Assistant Municipal Court Judge and Kevin Hagen as Second Assistant Municipal Court Judge; Councillor Elect Rodrigues; Councillor Elect Santos, Councillor Elect Sylvia, Councillor Elect Turano and Councillor Elect VonVillas voted YES; Councillor Elect Flynn and Councillor Welch voted NO; Robert M. Silva was appointed as First Assistant Municipal Court Judge and Kevin Hagan as Second Assistant Municipal Court Judge.
On motion of Councillor Elect Rodrigues, duly seconded, it was voted unanimously to adjourn at 10:22 A.M.
__________________________
Karin H. Clancey, CMC
Deputy Town Clerk