THIS MEETING CAN BE VIEWED 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 at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, February 3, 2020 at 6:00 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
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. Town’s Legislative concerns to be addressed at the 2020 session of the General Assembly - with the Town’s General Assembly Delegation.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to begin discussion of the Town’s Legislative concerns to be addressed at the 2020 session of the General Assembly with the Town’s General Assembly Delegation.
Present Representing the School Department were Superintendent Rosemarie Kraeger, Business Manager Cindy Brown, School Committee Chair Kellie DiPalma Simone, Vice Chair Theresa Spengler and member Liana Ferreira Fenton.
Senator Louis P. DiPalma, Representative Terri-Denise Cortvriend and Representative Deborah L. Ruggiero were present.
Senator Louis P. DiPalma addressed the Council reviewing the following:
Senator DiPalma presented the Council with the Special Legislative Task Force Findings and Recommendations from the Study Rhode Island’s Education Funding Formula.
Representative Deborah Ruggiero addressed the Council noting the National Grid Gas crisis cost and insuring that the expense is not passed on to the consumers.
Representative Terri-Denise Cortvriend addressed the Council noting the legislators meet with the Public Utilities Commission regularly.
Discussion centered around the 2020 Legislative Agenda priorities (list entered below), National Grid Infrastructure, RIDOT projects in the Town, sidewalks on Aquidneck Avenue, Mill Lane gas pressurization point in Portsmouth (just over the Middletown line), Airbnb short term rentals, state proposing legalizing marijuana, lack of broadband for Aquidneck Island businesses, motor vehicle phase out tax and bridge realignment.
School Committee Chair Kellie DiPalma Simone, addressed the Council, noting the following legislative agenda:
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess this meeting at 6:57 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene this meeting at 7:00 p.m.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to act on the Public Forum at this time.
2. Recognition of former Conservation Commission Chair Gary Paquette.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to begin recognition of former Conservation Commission Chair Gary Paquette.
Council President Sylvia and Councillor Santos presented Gary Paquette with a Citation and gift from the Town Council for his years of service to the Town.
3. Communication of Councillor Lombardi, re: PickleBall Presentation.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication and begin Pickleball Presentation.
Frederick DeFinis, 16 Evelin Circle, presented a power point presentation on PickleBall, which is on file in the Office of the Town Clerk.
Discussion centered around potential grants for funding the pickleball court project, location options for the pickleball courts, number of courts to be constructed, the cost of building a pickleball court, how to fund the project, and adequate parking for the pickleball courts.
4. Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must submit a public participation form to the Council Clerk prior to the start of the meeting. All items discussed during this session will not be voted upon.
Thomas Welch, 536 Mitchell’s Lane, addressed the Council noting the public forum is a time for residents to address the Council. Mr. Welch explained the process which residents file public forum forms should be addressed, suggesting going forward forms should be filled out in person and turned into the clerk no more than 30 minutes prior to the start of the meeting. Thomas Welch noted concern with the 15 minute public forum time limit at the previous council meeting.
Kevin Kosinski, 452 Mitchell’s Lane, addressed the Council showing a poster board with graph that displayed an increase in call volume for the Fire Department. Mr. Kosinski noted it is irresponsible to rely on mutual aid, explaining staffing at the Fire Department is an issue. Kevin Kosinski suggested grant funding could assist with staffing.
William Homer, 44 Loring Street, thanked the Council for extending the public forum and passed his time along to the residents that wished to speak.
Bobby Leary, 541 Bellevue Avenue, Newport School Committee Member, thanked the Council for allowing the City of Newport to lease the JFK School for their preschool program the past 6 years.
John Jordan, 8 Everett Street, Newport, addressed the Council thanking the public for their support, explaining the staffing levels at the Middletown Fire Department have been the same for the past 30 years. Mr. Jordan noted there has been an increase in hotels, nursing homes, seasonal residents and housing developments over the years with an increase in call volume. John Jordan requests the Town Council to listen to the firefighters concerns to make the Town safe.
Joe Andriole, 12 North Street, Johnston, thanked the Council for extending the public forum time and allowing people to speak. Mr. Andriole noted he is optimistic regarding contract talks, explaining the firefighters are dedicated to the town and want to make the residents and town safe.
Lawrence Frank, 8 O’Donnell Road, addressed the Council, suggesting to add an additional $1 per room lodging tax for hotel rooms and short-term rentals. Mr. Frank noted the funds could be allocated as a public safety tax which can be used for police and fire personnel.
Item #2 was acted on at this time.
Council President Rodrigues requested that item #8 be heard under the regular portion of the docket.
5. Approval of Minutes, re: Regular Meeting, January 21, 2020.
On motion of Vice Presidents Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
6. Resolution of North Kingstown School Committee, re: Field Trip Funding Law.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
7. Resolution of the City of Newport, re: Requesting Representatives Lauren Carson and Joseph Shekarki co-sponsor a House Bill to create a Transfer on Death Deed Provision for residents in Rhode Island.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
8. Resolution of the City of Newport, re: Requesting Rhode Island Legislators sponsor legislation for a requirement of Civics classes for graduation.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
Councillor Flynn noted she requested the item above be heard under the regular portion of the agenda to bring attention to the need for civics education in the schools. Councillor Flynn explained the resolution would be something to pursue but does not want an unfunded mandate from the state.
9. Resolution of the Town of Hopkinton, re: In Support of Fully Funded E-911 Statewide and Municipal Services.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
10. Application for Special Event Permit from Newport Polo/Newport Winter Festival for Polo on the Beach with Food Trucks to be held on Saturday, February 22, 2020 from 1:00 pm to 4:00 pm and Sunday, February 23, 2020 from 1:00 pm to 4:00 pm.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit.
11. Application for Special Event Permit from the Town of Middletown for Monday Night Music Series at Second Beach (Live music, Fires on the Beach and Food Trucks) to be held august 3, 10, 17, 24 & 31, 2020 from 5:00 pm to 9:00 pm. (Fee to be waived)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit and waive said fee.
12. Application of 3MT, LLC dba Pizza Hollywood, 796 Aquidneck Avenue, for a Victualling House License for the 2019-2020 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.
13. Application of 1899, LLC dba La Forge Casino Restaurant, 186 Bellevue Avenue, Newport, for a Peddlers License for the 2019-2020 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, to grant said license,
Council President Sylvia noted concern with the applicant effecting local restaurant businesses.
Town Solicitor Peter Regan explained there is a new State law in effect pertaining to food trucks (Mobile Food Establishments) and a new ordinance is currently being drafted for the Town of Middletown. Mr. Regan noted under the new ordinance the Council may limit the number of licenses and locations where Mobile Food Establishments may operate.
John Boxer, representing 1899, LLC and Amano, LLC, noted both peddlers’ licenses are for mobile food trucks, which are seeking licenses to operate at 25 Enterprise Center. Mr. Boxer explained the employees in the area of 25 Enterprise Center appreciate the food trucks.
Discussion centered around the new state law regarding Mobile Food Establishments, the impact of Mobile Food Establishments on local restaurants, the new ordinance restricting locations of food trucks, and the town council can limit the number of licenses issued and locations of trucks under the new ordinance.
A voted was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted to grant said license, Council President Sylvia, Vice President Rodrigues and Councillor Santos voted NO to said motion.
14. Application of Amano, LLC dba A Mano Pizza & Gelato, 181 Bellevue Avenue, Newport, for a Peddlers License for the 2019-2020 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted to grant said license, Council President Sylvia, Vice President Rodrigues and Councillor Santos voted NO to said motion.
15. Application of Blount Fine Foods Corporation dba Blount Fine Foods, 630 Currant Road, Fall River, Massachusetts, for a Peddlers License for the 2019-2020 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license.
16. Application of Barnaby Quinn dba LE BEC SUCRE, 696 Aquidneck Avenue, for a Victualling House License for the 2019-2020 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.
17. Application of Rhode Island Social Skills Academy for a One Day, Friday, May 1, 2020 from 6:00 pm to 9:00 pm Bingo License, to be held at the Knights of Columbus, 7 Valley Road, Middletown. (Applicant respectfully requests fee to be waived)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license and waive said fee.
18. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code of the Town of Middletown, TITLE I: GENERAL PROVISIONS, Chapter 10 - General Provisions, TITLE III: ADMINISTRATION, Chapter 38 - Municipal Court, TITLE IX: GENERAL REGULATIONS
Chapters 91A – Fire Alarm Users and 93 – Harbor Rules and Regulations, TITLE XI: BUSINESS REGULATIONS, Chapters 111 - Alcoholic Beverages, 113 - Food Service, 115 - Peddlers, Vendors, Solicitors, Junk Stores, 116 – Body Works Services, and 117 – Adult-Orientated Businesses. (See attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
19. Communication of St. Patrick’s Day Parade Committee, re: Request for support by placing an ad in the Parade Bulletin or donating to the parade committee.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication and approve a half-page ad (cost $140.00) in the St. Patrick’s Day Parade Booklet to be appropriated from the Council President Discretionary Fund.
20. Memorandum of Paul A. Croce, Chairman Planning Board, with enclosures, re: Proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land, Section 504 and Section 603, and Appendix B regarding street pavement width and dead-end streets, and Sections 405, 406 and 407 regarding required timeframes for subdivision and development application reviews.
On motion of Vice President Rodrigues, duly seconded to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above.
Discussion centered around reduction in required street width, less pavement for streets would reduce storm water runoff and road maintenance over time, concern with emergency vehicles on narrower roads, if narrow roads slow down speeders, and off-street parking.
A voted was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Rodrigues, duly seconded, it was voted to approve said proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land, Section 504 and Section 603, and Appendix B regarding street pavement width and dead-end streets, and Sections 405, 406 and 407 regarding required timeframes for subdivision and development application reviews; Vice President Rodrigues, Councillor Flynn, Councillor Santos and Councillor Turano voted NO to said motion; MOTION FAILED TO PASS.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to reconsider, item #20.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to amend the current motion and to approve only said proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land, Sections 405, 406 and 407 regarding required timeframes for subdivision and development application reviews.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve above motion, as amended.
The Town Council retuned to item #22.
21. Communication of Paul A. Croce, Chairman, Middletown Planning Board, with enclosure, re: Proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land, Section 521.1.E – Infrastructure – To require litter and trash management and bicycle racks on commercial properties as part of the Development Plan Review process.
On motion of Vice President Rodrigues, duly seconded to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above.
Town Solicitor Peter B. Regan noted that the amendment is due to the new litter ordinance that was adopted by the Town Council.
Discussion centered around if the amendment applies to multi-family homes, three or more multifamily units are considered commercial use and must go through a development plan review, the planning board can grant waivers and proper trash receptacles for commercial development.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Rodrigues, duly seconded, to approve said proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land, Section 521.1.E – Infrastructure – To require litter and trash management and bicycle racks on commercial properties as part of the Development Plan Review process.
On motion of Councillor Flynn to add the requirement applies to multi-family residential developments of five units or more. (There was no second to the motion)
A voted was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land, Section 521.1.E – Infrastructure – To require litter and trash management and bicycle racks on commercial properties as part of the Development Plan Review process.
The Council returned to item #20 at this time.
22. Communication of Paul A. Croce, Chairman, Middletown Planning Board, with enclosure, re: Proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land by adding new Section 522- Fire Protection- to promote enhanced fire protection measures for new development.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above.
Discussion centered around criteria which would require a development to have a water tank or cistern when public water is not available, a cistern would assist where no public water is available during a fire, the option of having a home sprinkler system for fire suppression, cisterns can be a fiberglass structure placed in the ground, who would be eligible to tap into a cistern when there is a fire, who is responsible for the cost of refilling the cistern, the building code does not require a residential sprinkler system, the size of the cistern is determined by the size of the development, fire hydrants, the property owner/owners are responsible for the inspection and maintenance of the cistern and incentives for installation of residential sprinkler system.
Theresa Spengler, 1111 Wapping Road, addressed the Council inquiring if residential sprinkler systems are required and who is responsible to refill a cistern if used for a fire.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land by adding new Section 522- Fire Protection- to promote enhanced fire protection measures for new development.
23. Memorandum of Councillor Flynn, re: JFK School Rental.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above noting the need to protect the rental income for the building.
Town Administrator Shawn Brown reviewed the following, entered here:
Discussion centered around rentals currently in the JFK School, the need to see what possible development may be proposed for the Coddington/West Main Road corridor, the need to replace lost rental income and repairs that will be needed to the JFK School.
24. (Continued from Regular Meeting, January 21, 2020)
Memorandum of Finance Director, with enclosure, re: Surplus Vehicle - Police Department.
Vice President Rodrigues left the dais.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Vice President Rodrigues returned to the dais.
Councillor Santos left the dais.
Chief Kewer reviewed the memorandum above.
Discussion centered around utilizing the surplus vehicle to deter speeders, how to reduce speeding on town roads, the vehicle has been stripped of any useful equipment and the vehicle will go to surplus.
25. (Continued from Regular Meeting, January 21, 2020)
Resolution of the Council, re: Surplus Vehicle - Police Department.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
26. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Equipment Purchase: (3) Lucas Automated CPR Devices and Associated Equipment.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Santos returned to the dais.
Town Administrator Shawn Brown reviewed the memorandum above.
Councillor Flynn inquired about a warranty for the equipment.
Fire Chief Robert McCall reviewed the following:
Discussion centered around warranty prices available for the CPR equipment, servicing the CPR equipment and preventative maintenance for the equipment.
27. Resolution of the Council, re: Award for Equipment Purchase: (3) Lucas Automated CPR Devices and Associated Equipment.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
A motion was made at the end of the meeting to continue items #28 through #31 to the February 18, 2020, Regular Meeting of the Council.
28. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: FY2020 Budget Adjustments as of December 31, 2019.
29. Resolution of the Council, re: FY2020 General Fund budget adjustments.
30. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 12/31/2019 – Town of Middletown.
31. Amendment to the RULES OF THE COUNCIL – Adding – All Town Council Meetings shall adjourn by 10:30 p.m.
32. Appointment of one (1) member to the Aquidneck Island Planning Commission to complete a term expiring July 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Robyn K. Green to the Aquidneck Island Planning Commission to complete a term expiring July 2021.
33. Appointment of one (1) member to the Coastal Resource Management Council, Middletown Representative, for a term year 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reappoint John Bagwill to the Coastal Resource Management Council, Middletown Representative, for a term year 2020.
34. Appointment of two (2) members to the Conservation Commission, one (1) term expiring July 2022 and one (1) to complete a term expiring July 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Oriana Jones for a term expiring July 2022 and appoint Eti Olivia McJessy to complete a term expiring July 2020.
35. Appointment of one (1) member to the Pension Trust Fund Committee, term expiring February 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Stephen Sams to the Pension Trust Fund Committee, term expiring February 2023.
36. Appointment of one (1) member to the Personnel Board, term expiring December 2022.
On motion of Vice President Rodrigues, duly seconded, to reappoint Michael Taber to the Personnel Board for a term expiring December 2022.
Councillor Flynn explained as she has stated before, when there are more applicants than positions for appointing volunteers, her philosophy is to support the qualified new applicants.
Councillor Flynn noted the new applicant is more qualified with twenty plus years’ experience in Human Resource Management. Councillor Flynn stated the new candidate offers skills, explaining longevity should not trump skills.
On motion of Councillor Flynn to nominate Melissa Burton. (There was no second to the motion)
A vote was taken at this time on Vice President’s motion.
On motion of Vice President Rodrigues, duly seconded, it was voted to reappoint Michael Taber to the Personnel Board for a term expiring December 2022; Councillor Flynn voted NO to said motion.
37. Appointment of two (2) members to the Planning Board, terms expiring February 2023. (Council Rule #33- The Council collectively interview applicants wishing to be appointed to the Zoning and Planning Boards; Council may waive the requirement for reappointments; all new applicants shall be interviewed prior to appointment.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reappoint Michael J. Fenton and reappoint Joseph Pierik to the Planning Board, terms expiring February 2023.
38. Appointment of one (1) member to the Roads and Utilities Advisory Committee, professional member, term expiring January 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reappoint Michael J. Gaston, as professional member, to the Roads and Utilities Advisory Committee, term expiring January 2023.
39. Appointment of two (2) members to the Senior Center Board of Directors, terms expiring January 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reappoint Karen D. Johnson and reappoint Joyce Quinn to the Senior Center Board of Directors, terms expiring January 2023.
40. Appointment of one (1) member to the Tax Assessment Review Board, Bi-Partisan Board, term expiring October 2022.
On motion of Vice President Rodrigues, duly seconded, to reappoint Tracy Taber to the Tax Assessment Review Board, term expiring October 2022.
Councillor Flynn noted opposition to the reappointment, citing the same reasons as stated in item #36.
On motion of Vice President Rodrigues, duly seconded, it was voted to reappoint Tracy Taber to the Tax Assessment Review Board, term expiring October 2022; Councillor Flynn voted NO to said motion.
41. Appointment of two (2) members to the Tree Commission, terms expiring January 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reappoint Karen Day and reappoint Charles J. DiTucci to the Tree Commission, terms expiring January 2023.
There was no Executive Session.
42. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a) (5) Lease (East Main Road), (2) Potential Litigation (Andrew B. Constantine & Pamela Constantine v. George M. Durgin; C.A. No.: NC2019-0380) and (2) Potential Litigation - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Council President Sylvia, duly seconded it was voted unanimously to continue, items no heard to the beginning of the next Council meeting, February 18, 2020, with the exception of the Executive Session, which may be at the end of the meeting.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:31 P.M.
Karin H. Clancey, CMC
Deputy Town Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri