PLEDGE OF ALLEGIANCE TO THE FLAG

RECONSIDERATION

The Middletown Town Council follows the codification of present-day general parliamentary law as articulated in Robert’s Rules of Order Newly Revised 10^th 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 (10^th 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 reconsideration.

6:00 P.M.- EXECUTIVE SESSION

7:00 P.M. – REGULAR MEETING

PUBLIC FORUM

2.    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, III, 536 Mitchell’s Lane, addressed the Council reviewing the amount of mutual aid used by the Town and the need to increase Fire Department staffing.  Mr. Welch noted he is a retired Captain of the Newport Fire Department and has family members who are fireman presently. Thomas Welch explained that even though the Town population is decreasing the average age is increasing, there is an increase in hotel rooms in town and summer residents, which creates more calls for the Fire Department.  Mr. Welch noted the Town relies heavily on mutual aid and he does not feel adequately protected.

John Jordan, Jr., 8 Everett Street, Newport, addressed the Council thanking all who attended the meeting, he is the President of the Local 1933 Fire Union.  Mr. Jordan noted the need for more firefighters to do the job properly.  John Jordan explained the fire department depends on mutual aid, which delays response time putting firefighters and residents in danger.

Drusilla Anne Boiani, 184 West View Road, addressed the Council expressing concern with the Middletown Fire Department staffing.  Ms. Boiani noted she is the Director of Nursing at a Skilled Nursing Center in Middletown.  Drusilla Anne Boiani explained the Town has changed over the years, but the staffing for the Fire Department has not changed in over thirty years.

            On motion of Councillor Flynn, duly seconded, it was voted unanimously to extend the Public Forum session by fifteen minutes.

Mary Nebiolo, 43 Ward Avenue, addressed the Council explaining that there is no higher priority to the Town than adequately staffing the Fire Department. 

Michael Lopes, 42 Paquin Place, addressed the Council noting he thought that by voting for a new Police and Fire Department, it also took care of staffing the departments.  Mr. Lopes explained the need for additional firefighters.

Council President Sylvia reviewed the following:

As most of you know, the Town of Middletown is currently in the middle of an ongoing labor arbitration with our firefighters, our firefighters are represented by the International Association of Fire Fighters, Local 1933.  We respect the formal negotiation/arbitration process and it has been our intent not to argue the Town’s position in the newspaper or on social media.  However, some recent comments and misinformation needs to be addressed. The statements that this Town Council is not concerned about public safety, or that we would do anything to endanger our firefighters or the public, are grossly misrepresented and irresponsible.

Protecting the residents of Middletown and those who work for the Town is our greatest responsibility as a Town Council and we take it very seriously.  It is not something that we look at only during the course of labor negotiations. Ensuring that we have the right number of firefighters and police officers is something that we review ongoing annually, and that we will be reviewing again during the budget process in the coming months. That data driven process considers a number of factors, including the Town’s declining population and its taxpayer’s ability to pay.

Further, the union’s leadership has suggested that increasing the size of the Department by 25%, adding 8 new firefighters, would somehow eliminate the need for mutual aid – that is simply not true.  The mutual aid policy and practice has been around a long time on Aquidneck Island.

We intend to continue this process, based on the facts and without press releases or social media announcements. 

Council President Sylvia asked Town Administrator Shawn Brown the following questions.

1.    There was a comment made during public forum concerning the Middletown Fire Department’s response to the Woolsey Road fire last week; have you or anyone else at the Town started looking into this issue?

2.    In response to the comment made during public forum concerning the ongoing interest arbitration between the Town and the Firefighters’ Union, what is the status of the interest arbitration?

3.    In your role as the Town Administrator and Public Safety Director for the Town, would you like to make any comments in response to the comments that were made at tonight’s public forum?

Town Administrator Shawn Brown, responded to Council President Sylvia, the following:

Call 19-6817 - Structure Fire - Woolsey Road

•       Mutual aid was appropriately used to respond to the event

•       At the time of the call, there was a Middletown fire pumper and rescue wagon involved in a non-emergency transport 1-mile from the scene; for some reason they were not contacted – instead the first call was made to Newport Fire Department

•       Notification to the Middletown Police Department was deferred by 13 minutes

•       This matter is under investigation;

Status of Arbitration

The Union filed for arbitration on March 20, 2019 and hearings are ongoing.  The Union continues to make their case.  The Town has yet to make its case.

•       5 hearings have been held; two days of hearing were wasted as a result of the disqualification of the Unions expert witness:

•       September 16, 2019

•       October 17, 2019

•       October 18, 2019

•       November 7, 2019

•       November 8, 2019

•       Two (2) hearings have been cancelled:

•       The neutral arbitrator cancelled one scheduled hearing

•       The Union cancelled one scheduled hearing

•       The Town has not cancelled any scheduled hearing dates

•       Seven (7) additional hearing dates are scheduled through mid-April 2020.

Staffing & support of Departmental operational data is reviewed on an ongoing basis

•       Staffing for the department was adopted by the Town Council in accordance with section 702 of the Town Charter

o   There was no public comment received about the staffing recommendations

o   The last time the union engaged the Town about a potential increase in staffing was in August 2006

•       The Town has consistently supported the Middletown Fire Department

o   New station completed in 2017 $6.8M

o   Equipment    $3.7M since 2010

o   Approved a FY2020 departmental budget for $5.2 M which included an operating increase of 2.9% over the prior year.

              public safety

Town Administrator Shawn Brown noted that he encourages the public to participate in the Budget Public Hearings to make recommendations to the Council.

Joe Andriole, 12 North Street, Johnston, RI, addressed the Council noting that the Firefighters are in arbitration and there has been no response from the Town to a recent phone call. Mr. Andriole explained that in thirty-five years there has been no increase in staffing, but the number of calls has increased.

Vice President Rodrigues requested that item #9, be heard under the regular portion of the agenda.

CONSENT

ORDINANCE

OTHER COMMUNICATION

TOWN COUNCIL

13   A. Memorandum of Council President Sylvia, re:  JFK School.

On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.

Tracy Shea, Executive Director from the Newport Community School was present to answer Council questions.

Town Administrator Shawn Brown explained the Finance Director and Town Solicitor prepared the lease for the JFK School.  Mr. Brown explained that there are repairs to the roof, sidewalk and front entrance of the JFK School, which need to be addressed.  Town Administrator Shawn Brown noted the Town Administration recommends an extension of the lease for one year, with a 4% increase.

Tracy Shea, Executive Director from the Newport Community School, addressed the Council explaining she would need to bring the lease to the Newport Community School Board of Directors for approval.

On motion of Council President Sylvia, duly seconded, it was voted unanimously to formally present the lease to Newport Community School as soon as possible for approval.

TOWN ADMINISTRATOR

BOARDS AND COMMITTEES