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 Tuesday, February 18, 2020 at 7:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Terri Flynn
Councillor Henry F. Lombardi, Jr.
Councillor M. Theresa Santos
Councillor Barbara A. VonVillas, Members Present
Councillor Dennis B. Turano, Absent
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.
Council President Sylvia announced that the Council will go into Executive Session by 9:00 p.m.
1. 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.
Lawrence Frank, 8 O’Donnell Road, addressed the Council, presenting a handout of a map of Warwick’s route 2 showing where gas stations are located. Mr. Frank noted there are five gas stations from Maple Avenue to Forest Avenue here in Middletown. Lawrence Frank inquired how new gas stations benefit Middletown.
Theresa Spengler, 1111 Wapping Road, addressed the Council noting concern that coyotes have been wondering through her school yard at 8:30 am., 10:30 am and 2:00 pm. Ms. Spengler explained that the coyotes are a public health/safety issue being out during those times.
2. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: FY2020 Budget Adjustments as of December 31, 2019.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Finance Director Marc Tanguay reviewed the memorandum above.
3. Resolution of the Council, re: FY2020 General Fund budget adjustments.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
4. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 12/31/2019 – Town of Middletown.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication and report.
Finance Director Marc Tanguay reviewed the memorandum and report above.
5. Amendment to the RULES OF THE COUNCIL – Adding – All Town Council Meetings shall adjourn by 10:30 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to add All Town Council Meeting shall adjourn by 10:30 p.m. and to remove Council Rule # 34- Written interview questions will be used for the Planning and Zoning Boards, which will be sent out and completed by the applicant prior to the interview.
Discussion centered around that the Council President is not always the top vote getter, the Council President is voted on by the Council elect, the public forum session, that some individuals/citizens fill out applications for the public forum right after the agenda is posted, some individuals/citizens would call the Clerk’s office or email a public forum form to the Clerk prior to the meeting, the length of the public forums, if the public forum should be changed to allow for public input for three minutes instead of five minutes and the charter explains how the President of the Council is voted in by the Council elect.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to add to Council rules that the Council President and Vice President are elected by the Council elect (It is the majority of peers, not necessarily the top vote getter), pursuant to the Charter.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to amend the public forum session by adding that Citizens who wish to speak during the public forum must be present to fill out the public participation form in person. The form may only be submitted to the Council Clerk, 30 minutes prior to the meeting.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said amendment to the Rules of the Council, as amended.
Vice President Rodrigues requested that item #7 be heard under the regular portion of the agenda.
6. Approval of Minutes, Special Meeting, February 1, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Regular Meeting, February 3, 2020.
On motion of Vice President Rodrigues, duly seconded, to approve said minutes.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to amend the minutes under item #36 to add, “As I have stated before, when there are more applicants than positions for appointing volunteers, my philosophy is to support the qualified new applicants.”
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes, as amended.
8. License of Burial, re: George Spiratos – Section 54, Graves 8 & 9.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said License of Burial.
9. Application for Special Event Permit from Gray Matter Marketing for the Newport Marathon, Marathon and Half Marathon, with both races starting and finishing in Newport, marathon will run the second half in Middletown to be held on Sunday, October 11, 2020 beginning at 7:30 a.m. in Newport.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit.
10. Application for Special Event Permit from Quahaug Chapter #48 for the Camp-A-Rama, to be held at Second Beach beginning September 16, 2020 at noon through September 20, 2020 at 4:00 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit.
11. Memorandum of Town Solicitor, re: Mobile Food Establishment Ordinance.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Town Solicitor Peter B. Regan reviewed the memorandum above.
Discussion centered around the current fee is $50.00 per license, the number of current licenses, restricting the number of licenses issued in the new ordinance, concessions at the beach have four licenses, special events in the Town which request food trucks to attend, hours of operation for food trucks and restricting locations for food trucks
12. An Ordinance in Amendment to the Town Code (First Reading)
An Ordinance in Amendment to Title XI Business Regulations, Chapter 113 Food Service. (See attached ordinance)
On motion of Vice President Rodrigues, duly seconded, it was voted to receive said ordinance on its first reading; Council President Sylvia, Vice President Rodrigues and Councillor Santos voted NO to said motion; Councillor Flynn, Councillor Lombardi and Councillor VonVillas voted YES to said motion; MOTION FAILDED TO PASS.
13. Communication of Linda Laliberte, V.P. EBCAP Head Start/Early Head Start, re: East Bay Community Action Program’s (EBCAP) interest in continuing its tenancy at the J.F. Kennedy building.
On motion of Vice President Rodrigues, duly seconded, to receive said communication.
Linda Laliberte, V.P. EBCAP Head Start/Early Head Start, addressed the Council reviewing the communication above.
Antone Viveiros, 110 Indian Hill Circle, addressed the Council requesting the Town Council support the lease at JFK School until the Town has a plan for developing the west side.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
14. Memorandum of Town Administrator, with enclosures, re: Change order - MIDD 020-003- Athletic Fields at Former Drive-In.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Town Engineer Warren Hall reviewed the memorandum above.
Discussion centered around if two Pickleball Courts could be built on the property.
Judith Kelly, 29 Wyatt Road, addressed the Council noting opposition to the lighting for the athletic fields at the former drive-in. Ms. Kelly reviewed the history of the lighting discussions held by the Town Council. Judith Kelly explained that the Gaudet Middle School lights have been left on when no one is on the field.
Discussion centered around if the Gaudet Middle School lights are on a timer, teams using the Gaudet being loud during early morning practices, students cutting through Ms. Kelly’s yard to go to Dunkin Donuts and the berm and arborvitae buffer which will be installed around the new athletic fields.
15. Resolution of the Council, re: Change order - MIDD 020-003- Athletic Fields at Former Drive-In.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
16. Memorandum of Town Administrator, with enclosures, re: Proposed Seasonal Floats at Third Beach.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above and noted a public hearing be scheduled for public input regarding the Proposed Seasonal Floats at Third Beach.
Carol Cummings, 738 Indian Avenue, addressed the Council explaining this issue has been brought up years ago, many people are opposed, and the floating pier will create a dangerous situation.
Discussion centered around the pier is not permanent, the pier will placed in the water during the summer and taken out of the water during the winter months, a floating pier is the request that the Town is applying for from CRMC, floating dock should be referred to as the floating pier to be consistent, the Harbor Master’s initial report and request for a floating pier, if there is an option for the floating pier that is more in line with the Comprehensive Community Plan and the floating pier is favorable by CRMC.
ADDENDUM TO TOWN COUNCIL AGENDA
POSTED – FEBRUARY 12, 2020
REGULAR MEETING – FEBRUARY 18, 2020
16 A. Memorandum of Town Administrator, with enclosures, re: Department Consolidation Study.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia noted that the author of the Department Consolidation study will be present at the April 20, 2020, Regular Meeting of the Council to discuss and review the study.
17. Appointment of one (1) member to the Open Space and Fields Committee, one (1) vacancy term expiring November 2022 and one (1) vacancy, to complete a term expiring November 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint James Cawley, Sr. to the Open Space and Fields Committee, term expiring November 2022.
18. 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) Litigation (Andrew B. Constantine & Pamela Constantine v. George M. Durgin; C.A. No.: NC2019-0380) and (2) Potential Litigation, (2) Litigation (Town of Middletown vs. City of Newport NC-2019-162), (2) Collective Bargaining (FOP- Police Department) and (2) Collective Bargaining (IAFF - Fire Department) - 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 8:33 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 9:25 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize the Town Administrator and Town Solicitor to settle the Litigation of Andrew B. Constantine & Pamela Constantine v. George M. Durgin (C.A. No: NC2019-0380) as proposed.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize the Town Administrator and Town Solicitor to settle the Potential Litigation, as proposed.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize the Town Administrator to apply for the Federal SAFER grant.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to put out an RFP for the lease (East Main Road).
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.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 9:30 P.M.
Wendy J.W. Marshall, CMC
Town Clerk