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, December 14, 2020 at 6:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas
Councillor Thomas P. Welch, III, Members Present
Councillor Terri Flynn
Councillor M. Theresa Santos, Absent
Members and Participants Present by Teleconference and Webinar/Meeting.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – December 8, 2020
SPECIAL MEETING – DECEMBER 14, 2020
ALL ITEMS NOT COMPLETED AT THIS MEETING WILL BE CONTINUED TO A SPECIAL MEETING ON DECEMBER 17, 2020.
TOWN COUNCIL OF THE TOWN OF MIDDLETOWN, RHODE ISLAND
The following items of business, having been filed with the Town Clerk under the Rules of the Council, will come before the Council at a special meeting to be held on Monday, December 14, 2020; Executive Session 6:00 P.M.; Presentation Immediately following Executive Session; Special Meeting at 7:00 P.M. - Said meeting will be conducted by telephone conference call/ webinar, 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: 847 8853 6930; or on the web at https://us02web.zoom.us/j/84788536930.
The items listed on the Consent portion of the agenda are to be considered routine by the Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, requests and the Town Council President permits, in which event the item will be removed from Consent Agenda consideration and considered in its normal sequence on the agenda. All items on this agenda, may be considered, discussed and voted upon in executive session and/or open session.
Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
Any person not a member of the Council, desiring to address the Council concerning a matter on the docket of the Council, not the subject of a Public Hearing, shall submit a written request to the Town Clerk stating the matter upon which he desires to speak. Persons are permitted to address the Council for a period not to exceed three (3) minutes. Citizens that wish to speak must submit a written request either dropped off at Town Hall or emailed to wmarshall@middletownri.com or kclancey@middletownri.com . Request must include your information, item number you wish to address and how you will be identified/named on zoom. The request must be filed at least 30 minutes prior to the meeting (6:30 p.m.). If a request is not filed, you will not be able to address the matter.
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)
Council President Sylvia requested a moment of silence for the Pimental Family.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (1) Collective Bargaining (Town Hall – NEARI), (1) Personnel (Public Works Director), (2) Potential Litigation, (2) Potential Litigation and (5) Lease review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:02 p.m.
Councillor Welch was not present during the following votes.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:48 p.m.
On motion of Vice President Rodrigues is was voted unanimously to appoint Vincent Regasta, Jr. as bargain successor negotiator for the NEARI contract.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve the appointment of Robert Hanley as Interim DPW Director.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to give the Town Administrator and Town Solicitor latitude to respond that the Town does not agree to the Whitehall request.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
2. Memorandum Paul A. Croce, Chairman, Planning Board, re: Analysis of Full-Build Traffic & Environmental Impacts.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to begin said presentation.
Councillor Welch re-joined the meeting at 6:55 p.m.
Town Planner Ronald Wolanski and Steve Cabral, representing Crossman Engineering, reviewed a power point presentation of the Analysis of Full-Build Traffic & Environmental Impacts, which is on file in the Office of the Town Clerk.
Discussion centered around changing the zoning designation of certain lots in Middletown, stormwater drain upgrades will enhance water quality, water testing, traffic on West Main Road is at its maximum capacity, testing of wells, reaching out to Clean Ocean Access for water testing and the impact of zoning changes.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to authorize the Planning Board to champion this project, move it forward and report back to the Town Council in 90 days, plus or minus.
Vice President Rodrigues requested that items #12, #15, #18, #20, #21 and #28 be heard under the regular portion of the docket.
3. Approval of Minutes, re: Regular Meeting, September 21, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
4. Approval of Minutes, re: Regular Meeting, October 5, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
5. Approval of Minutes, re: Special Meeting, October 27, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, re: Special Meeting, November 16, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
7. Communication of Marty Sinnot, President & CEO, Child & Family and Betsy Akin, Vice President, Development, re: Appreciation for support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
8. Communication of Kathy Giblin Stark, Star Kids Scholarship Program, re: Appreciation for support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
9. Communication of James M. Lehane, III, MPH, President and CEO, Newport Mental Health, re: Appreciation for Support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
10. Communication of Meghan Grady, Executive Director, re: Appreciation for Support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
11. Communication of Carrie W. Miranda, Executive Director, Looking Upwards, re: Appreciation for support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
12. Communication of Carrie W. Miranda, Executive Director Looking Upwards, re: 2020 Middletown Civic Appropriation Status and Year-End Report.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano noted what a great program Looking Upwards is and maybe someone should reach out to them to see if the Town can help them.
13. Communication of Kelly A. Lee, Executive Director, re; Appreciation for support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
14. Communication of Dave McLaughlin, Executive Director, Clean Ocean Access, re: Appreciation for support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
15. Communication of Joseph Pratt, Executive Director and CEO, Boys & Girls Clubs of Newport County, re: Appreciation for Support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano noted the same message as item #12, explaining that someone should reach out on a regular basis to see if they need support.
16. Communication of Toni Lemoine, Florida, re: Appreciation/ gratitude for representatives of Middletown Police and Middletown Fire Departments.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
17. Resolution of the Town of Portsmouth, re: Urging the General Assembly to fully fund the state education funding formula at the FY 2021 projected levels and to support total state aid to local governments at the same aggregate levels as in FY 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
18. Resolution of the City of Cranston, re: Urging Rhode Island Governor Gina M. Raimondo to Release $150 Million Dollars from the “CARES ACT” to Our Small Business Community.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
Councillor Turano noted that this is a big issue in the state and small businesses are really taking a hit.
19. Resolution of the City of Cranston, re: Urging Rhode Island Governor Gina M. Raimondo to Place a Moratorium on Evictions.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
20. Memorandum of Attorney Patrick O’N. Hayes, Jr. on behalf of Landings Capital and Development, LLC, re: Zoning Change Petition for 438 East Main Road for development of housing units including low income housing. (Requires advertising for public hearing and notification to abutters – Planning Board Recommendation received)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum, advertise for public hearing and notify abutters.
Councillor Turano inquired if this is low income housing, noting the Council should pay attention to this request.
Vice President Rodrigues inquired why they would like to rezone.
Town Solicitor Peter B. Regan noted the process of this request and all questions can be answered during the public hearing.
21. Email Communication of Karen Day, Chair, Citizens Memorial Committee, Approval of Memorial Proposal Application of Korin Munsterman Lee.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said email communication and approve said Memorial Application of Korin Munsterman Lee.
Vice President Rodrigues inquired about the size of the plaque.
Town Administrator Shawn Brown, responding to Vice President Rodrigues, explained that he has been working with the Tree Commission to find a standard plaque size.
22. Application of Marc Milici dba Troubled Soul & Company, LLC, 999 West Main Road, for RENEWAL of a Tattoo License 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: Alexandra Georgiou – Section 56, Graves 6 & 7.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said License of Burial.
24. Transfer of Burial Lot, re: Restcom Peabody, Jr. to Stephanie Sahagian – Section 47E, Lot 58.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said Transfer of Burial Lot.
25. Transfer of Burial Lots, re: Restcom Peabody, Jr., to Merah Bousquet and Roger Bousquet – Section 47E, Lots 59 and 60.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said Transfer of Burial Lot.
26. Transfer of Burial Lots, re: Restcom Peabody, Jr. to Polly Folly and Edward Folly – Section 47E, Lots 61 and 62.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said Transfer of Burial Lot.
27. Transfer of Burial Lots, re: Mersina Christopher to George Menas and Irene Menas – Section 52W, Lots 30 and 31.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said Transfer of Burial Lot.
28. Adoption of the Rules of the Council. (Per Council President’s request, this is for Council to review, item will be acted on January 19, 2021)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue said item to January 19, 2021.
Councillor Turano inquired about the adoption of the Rules of the Council.
Councillor VonVillas noted that this is standard protocol, explaining the newly elected Council adopts the council rules.
29. Memorandum of Town Administrator, re: Town Business Updates through November 30, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia noted that this is a great tool, it is posted on the website and sees no need for the Town Administrator to go through the detail, the constituents can share with others.
Councillor Turano suggested that big projects should be pulled from the updates for review.
Vice President Rodrigues agreed, noting this item should be 5 minutes not 15 minutes.
Councillor Welch left the meeting.
30. Application of Plant City X, LLC dba Plant City X, 619 West Main Road, for a Victualling House License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health Approvals.
31. Application for Special Event from Derek Savas & On Your Left Racing for Newport Triathlon, Swim, Bike and Run Event to be held on Sunday, September 12, 2021 at 7:00 am to 12:00 pm beginning at Second Beach.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue this request to April 5, 2021.
32. Memorandum of Robert M. Silva, Chairman, Middletown Economic Development Advisory Committee, re: Proposed amendment – Short-Term Rentals – Chapter 98.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue this item to the January 19, 2021, Regular Meeting of the Council.
33. Email communication of Nicholas Coogan, Chair, Open Space and Fields Committee, re: Requesting the Town Council to declare the week of April 17, 2021 as Earth Week.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said email communication.
34. Resolution of the Council, re: Declaring April 17, 2021 to April 24, 2021 Aquidneck Island Earth Week.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
35. Email communication of Nicholas Coogan, Open Space and Fields Committee, re: Draft Open Space and Fields Worksheet.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said email communication.
On motion of Vice President Rodrigues, duly seconded, to forward the Draft Open Space and Fields Worksheet to the Town Solicitor and Town Administration for review.
Discussion centered around that this an independent project and replaces the current worksheet.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to forward the Draft Open Space and Fields Worksheet to the Town Solicitor and Town Administration for review.
36. Communication of Tom Nasser, Gregory Huet and Brian Geer, Trustees of the Knights of Columbus, re: Request for one-time Civic Appropriation.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Council President Sylvia noted he whole heartedly supports this request.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appropriate a one-time Civic Appropriation in the amount of $800.00, to be allocated from the Council President’s Discretionary Fund.
37. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code Title VII Traffic Code (Three Way Stop Intersection – Mitchell’s Lane, Third Beach Road and Wapping Road). (See Attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, unanimously to adopt said ordinance on its second reading.
Vice President Rodrigues noted that he read most of the comments regarding the stop signs and explained that stop signs do not slow people down.
Council President Sylvia noted his support for this ordinance.
Town Administrator Shawn Brown noted agreement with the recommendation of the engineers.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said ordinance on its second reading
38. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code Title VII Traffic Code, Chapter 72 Parking Regulations. (Prohibiting through Commercial Vehicles on Turner Road). (See Attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
39. Memorandum of Council President Sylvia and Vice President Rodrigues, re: Short-term Rental Ordinance and Property Tax Adjustments.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue this item to the January 19, 2021, Regular Meeting of the Council.
40. Email communication of Vice President Rodrigues and Council President Sylvia, re: Discussion of upcoming beach season.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said email communication.
Vice President Rodrigues reviewed the following:
Enter slide
Vice President Rodrigues noted the need for a solid plan for the beach catering to the residents.
Council President Sylvia noted that if anyone has suggestions send them to the Town Administrator and this item should come back to the Council on January 4, 2021 for further discussion.
Councillor Turano suggested the Beach Committee be involved in this discussion. Mr. Turano also requested a more reliable truck for the Harbor Master and an Assistant Harbor Master be hired.
41. Memorandum of Councillor VonVillas, re: High School Unification.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor VonVillas reviewed the following:
Enter power point
Discussion centered around legislation should be changed prior to talking/meeting, decisions cannot be made without information, the schools are currently working with Newport and Portsmouth Schools, what the Middletown School Committee’s position on High School Unification, if only certain programs are shared between the schools it does not help all the students, Title 16 takes financial controls away from the Town, limiting the size of the joint committee and having an informal committee so as to not form a Planning Committee under Title 16.
On motion of Councillor VonVillas, duly seconded, that the Middletown Town Council invite the Newport City Council to engage in preliminary discussions regarding potential high school unification.
Discussion centered around Title 16.
School Committee Chair Theresa Spengler, 1111 Wapping Road, addressed the Council explaining the Newport Superintendent went directly to the Middletown Town Council with their request for unification. Ms. Spengler noted the need for more people at the discussion table for unification including school administrators.
A vote was taken
On motion of Councillor VonVillas, duly seconded, it was voted that the Middletown Town Council invite the Newport City Council to engage in preliminary discussions regarding potential high school unification; Council President Sylvia and Councillor VonVillas voted YES; Vice President Rodrigues and Councillor Turano voted NO; MOTION FAILED TO PASS.
42. Email communication of Chief Kewer, re: MPD Rules & Regulations Tattoo.
43. Middletown Police Department – Draft Tattoo and Body Modification Policy.
On motion of Vice President Rodrigues, duly seconded, to adopt said Tattoo and Body Modification Policy.
Town Administrator Shawn Brown noted that in Section 207 of the Town Charter – the Town Council shall be the policy determining body. Mr. Brown explained that this policy is consistent throughout the cities and towns in Rhode Island
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said Tattoo and Body Modification Policy.
44. Memorandum of Town Administrator, re: RIAC General Aviation Strategic Business Plan Feedback.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown noted that if the Council has any comments on how they would like to see the future of the airport to please advise. Mr. Brown explained there will be a meeting with the public.
45. Memorandum of Town Planner, re: Cost Estimate-Purgatory Rd. Sidewalk Design & Construction.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
46. Resolution of the Council, re: Purgatory Rd. Sidewalk Design & Construction.
On motion of Vice President Rodrigues, duly seconded, to pass said resolution.
Vice President Rodrigues inquired where the additional funding will be coming from.
Town Administrator Shawn Brown noted that the funding will come from the Parks and Recreation Fund as well as monies the Town Council had set aside for the drainage abatements.
A vote was taken.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
47. Executive Order 2020-17 Extension of State of Emergency in Middletown through and including January 19, 2021.
On motion of Vice President Rodrigues, duly seconded, to extend the State of Emergency in Middletown through and including January 19, 2021.
Vice President Rodrigues inquired if Town Hall was open.
Town Administrator Shawn Brown noted that Town Hall is not open, there is an employee who manages the door and residents/patrons do not sit outside. Mr. Brown explained he is waiting for more information from the state before opening Town Hall.
A vote was taken.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to extend the State of Emergency in Middletown through and including January 19, 2021.
48. Appointment of one (1) member to the Open Space and Fields Committee, two (2) vacancies terms expiring November 2023 and two (2) vacancies terms expiring November 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Christopher Logan to the Open Space and Fields Committee, term expiring November 2023.
49. Appointment of one (1) member to the Conservation Commission, two (2) vacancies terms expiring July 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Melissa A. Welch to the Conservation Commission for a term expiring July 2023.
50. Communication of Jamie M. Lehane, Jr., MPH, President and CEO, re: Resignation form the Middletown Prevention Coalition.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resignation with regret.
51. Council President Appointments of Town Council representatives to various boards and commissions.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Councillor Flynn as liaison to the Aquidneck Island Planning Commission (AIPC), appoint Council President Sylvia, Vice President Rodrigues, Councillor VonVillas as members of the Audit Committee, Councillor Santos is appointed alternate for the Audit Committee, appoint Councillor Flynn and Councillor Santos as liaisons to the Beach Commission, appoint Council President Sylvia, Vice President Rodrigues and Councillor Santos to the Budget Sub-Committee, appoint Councillor Flynn as liaison to the Chamber of Commerce, appoint Councillor Santos as member of the Citizens Memorial Committee, appoint Councillor Turano and Councillor VonVillas as members of the Economic Advisory Committee, appoint Councillor VonVillas as liaison to the Library Board of Trustees, appoint Councillor Welch as liaison to the Middletown Prevention Coalition, appoint Councillor Turano as liaison the Newport and Bristol County Convention and Visitors Bureau, appoint Councillor Welch and Councillor Turano as liaisons to the Open Space and Field Committee, appoint Vice President Rodrigues as member of the Pension Trust Fund Investment Committee, appoint Councillor Welch as liaison of the Roads/Utilities Advisory Committee and appoint Councillor Santos and Councillor Turano as liaisons of the School Committee.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 9:43 p.m.
Wendy J.W. Marshall, CMC
Town Clerk
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.
Posted on December 8, 2020 at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site.
____________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri