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, January 21, 2020 at 6:01 P.M.
Council President Robert J. Sylvia, Presiding
Councillor Terri Flynn
Councillor Henry F. Lombardi, Jr.
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Vice President Paul M. Rodrigues, 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.
(1) “The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates; “
(2) “The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, and any necessary or mandated changes in school programs or operations”.
2. Communication of Robert J. Sylvia, President, Middletown Town Council, re: Information in accordance with RIGL 16-2-21.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
3. Receipt of Revenue Manual. (Documentation to follow)
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said Revenue Manual.
4. Memorandum of Kellie DiPalma Simeone, School Committee Chair, with enclosures, re: Pre-Budget Consultation FY 2020-2021. (Documentation to follow)
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown and Superintendent Rosemarie Kraeger reviewed a Pre-budget Consultation FY2021 Town/School Revenue Conference PowerPoint presentation, which is on file in the Office of the Town Clerk.
Assistant Superintendent Michelle Foncesca reviewed page 18 of the PowerPoint presentation.
Discussion centered around the Beyond the Bell program, new positions requested by the School Department based on student need, additional Career Pathway programs at Middletown High School, and state funding for education.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to recess this meeting at 6:57 p.m.
On motion of Councillor Santos, duly seconded, it was voted unanimously to reconvene this meeting at 7:01 p.m.
5. Memorandum of Town Administrator, with enclosure, re: Appointment- Interim Fire Chief.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum, above.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to ratify the appointment of Fire Marshal Robert McCall as Interim Fire Chief.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to approve the agreement between the Town, Union and Fire Marshall Robert McCall.
Interim Fire Chief Robert McCall was sworn in by Deputy Town Clerk Karin Clancey.
6. Memorandum of Town Administrator, with enclosure, re: National Community Survey (NCS) 2019 Results.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum and begin said presentation.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to act on item #7 at this time.
Town Administrator Shawn Brown reviewed a Power Point presentation, summarizing the National Community Survey results, which is on file in the Office of the Town Clerk.
Discussion centered around the above average response rate of the survey, there was an equal distribution of responses from all areas of the Town, ways to make improvements in areas with low scores and the importance of good communication with the public.
7. 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.
Arthur Weber, 145 Island Drive, Planning Board Member, addressed the Council to discuss the Comprehensive Community Plan, which was adopted in 2015. Mr. Weber noted concern that a Waste Water Plan has not been adopted by the Town. Mr. Weber suggests the Council put this item on the next agenda from consideration.
Eric Godin, 151 Paradise Avenue, Middletown High School Varsity Baseball Coach, addressed the Council noting the need for Gaudet School Baseball Field dugout, backstop and fence repairs. Mr. Godin explained that funding has been placed in the FY2021 CIP and requests support.
Paul Mankofsky, 20 Pequot Lane, addressed the Council, explaining that he bikes and walks all around Town. Mr. Mankofsky noted the need for additional signage and crosswalks throughout the Town.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to address item #6, at this time.
8. Approval of Minutes, re: Regular Meeting, January 6, 2020.
On motion of Councillor Santos, duly seconded, it was voted unanimously to approve said minutes.
9. Approval of Minutes, re: Special Meeting, January 10, 2020.
On motion of Councillor Santos, duly seconded, it was voted unanimously to approve said minutes.
10. Application of the Middletown Senior Citizens Center, 650 Green End Avenue, for RENEWAL of a Bingo License for the 2020-2021 licensing year.
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said license and waive said fee.
11. Resolution of Exeter-West Greenwich Regional School District, re: State Funding of Education/Fair Funding Formula.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said resolution.
12. Application for Special Event Permit from Audrain Concours Foundation, LLC for Audrain’s Newport Concours & Motor Week, to be held on Thursday, October 1, 2020 to Sunday, October 4, 2020, use of the Third Beach Parking Lots for overflow parking.
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said Special Event Permit.
13. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code of the Town of Middletown, Title XII, Chapter 72, Entitled “General Parking Rules”, - adding a new Section 72.11, entitled “Parking of Commercial Vehicles and RV’s, Motor Homes or Campers”. (See attached Ordinance)
On motion of Councillor Santos, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
14. An Ordinance of the Town of Middletown (First 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)
Discussion centered around a change in state law, in a case where someone is being prosecuted with incarceration for an ordinance violation the Town would be liable to pay for an attorney if the defendant was unable to attain their own attorney and the amendments decriminalize the Town Code.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
15. Communication of Nicholas Coogan, Chairman, Open Space and Fields Committee, re: Request to be placed on the Town meeting agenda – 50th Anniversary of Earth Day in April 2020.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
Nicholas Coogan, 131 Wintergreen Drive, Open Space and Fields Committee Chairman, addressed the Council reviewing the following:
Mr. Coogan noted the Open Space and Fields Committee is looking for ideas and feedback for the 50th Anniversary of Earth Day in April 2020.
The 2020 Earth Day Celebration begins April 18, 2020 through April 25, 2020.
16. Communication of Tracy L. Shea, Executive Director, re: Request for lease extension through August 2021 vs. the June 2021 date.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
Councillor Flynn inquired if it is premature to commit to a lease extension and if the property is actively being advertised for lease?
Town Administrator Shawn Brown, responding to Councillor Flynn, noted that the Town is not advertising, there is an RFI on the property at this time which will assist in determining future use of the property.
On motion of Councillor Santos, duly seconded, it was voted unanimously to approve the JFK lease extension for the Newport Community School through August 2021.
17. Communication of Colleen Burns, Ed.D., Superintendent of Schools, re: Request to consider freezing the rent of JFK School for the period of August 1, 2020-July 31, 2021.
Councillor Santos announced - This item has been withdrawn, at the request of Colleen Burns, Ed.D., Superintendent of Schools. The City of Newport will be vacating JFK School at the end of the current lease.
18. Memorandum of Council President Sylvia, re: Strategic Plan Retreat Meeting.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Discussion centered around the date for the Strategic Plan Retreat Meeting, utilizing a facilitator for the meeting and soliciting public input using the Town website and the Town Survey.
On motion of Council President Sylvia, duly seconded, to schedule the Strategic Plan Retreat for Saturday, February 29, 2020 at 10:00 a.m. and highly advertise for the public to attend and utilize Mr. Brown to facilitate.
Discussion centered around utilizing the Town website to get public input for the Town’s strategic plan, advertising in the newspapers, website and on social media and utilizing Mr. Brown as the facilitator for the meeting.
The above motion was voted on at this time.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to schedule the Strategic Plan Retreat for Saturday, February 29, 2020 at 10:00 a.m. and highly advertise for the public to attend and utilize Mr. Brown to facilitate.
19. Memorandum of Town Planner, thru Town Administrator, with enclosure, re: Resilient Rhody: Municipal Resilience Program.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around that the proposal was put forward by the Town Planner, it was suggested that the AIPC has a planner available to assist the Town when needed, no matching funds are required, it is staff time only and there are no other projects being approved with the proposal.
20. Resolution of the Council, re: Resilient Rhody: Municipal Resilience Program.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
21. Memorandum of Finance Director, with enclosures, re: Senior Affordable Housing Project Manager.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
22. Resolution of the Council, re: Senior Affordable Housing Project Manager.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
23. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Statistical Revaluation of Taxable & Exempt Real Property.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Tax Assessor George Durgin reviewed the memorandum above.
Discussion centered around if the Town always contracts with the lowest bidder and it is a statistical revaluation not a full revaluation.
24. Resolution of the Council, re: Award of contract - Statistical Revaluation of Taxable & Exempt Real Property.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
25. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Contract award: Natural Gas Procurement.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Finance Director Marc Tanguay reviewed and updated memorandum, entered here:
26. Resolution of the Council, re: Award of Contract- Natural Gas Procurement.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
27. Memorandum of Town Administrator, with enclosure, re: Contract with Municipal Resources for Fire Chief Search.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
On motion of Councillor Santos, duly seconded, it was voted unanimously to authorize the Town Administrator to engage Municipal Resources, Inc. for a Fire Chief search, to include the optional assessment center and execute said agreement.
28. Memorandum of Finance Director, with enclosure, re: Surplus Vehicle - Police Department.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Santos inquired if the vehicle could be kept to deter speeders in the Town? Ms. Santos requests the Town Administrator to inquire with the Trust to see if it is a lability to the Town.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to table item #29, until the next regular meeting of the Council.
29. Resolution of the Council, re: Surplus Vehicle - Police Department.
30. Communication of Tax Assessor, with enclosures, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
31. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
32. Communication of Tax Assessor and Finance Director, with enclosures, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
33. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
34. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: Municipal Financial Report-Five months ending November 30, 2019.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the memorandum above.
35. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Litigation (Town of Middletown- Plaintiff vs Horan Building Company, Inc., Tuckerman Avenue, LLC, Coastal Living Magazine, Time Inc.- Defendants; NC-2017-0254), (5) Lease (East Main Road), (2) Potential Litigation and (2) Potential Litigation - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Councillor Santos, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 8:47 p.m.
On motion of Councillor Santos, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 9:10 p.m.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to authorize the Town Administrator to execute the settlement agreement on behalf of the Town.
On motion of Councillor Santos, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
On motion of Councillor Santos, duly seconded, it was voted unanimously to adjourn said meeting at 9:11 p.m.
______________________
Karin H. Clancey, CMC
Deputy Town Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri