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, March 16, 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, arrives at 6:01 p.m.
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)
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a) (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 6:02 p.m.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 7:05 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted to ratify the IAFF- Fire Department Contract July 1, 2019 through June 30, 2020 and ratify the IAFF-Fire Department Contract for July 1, 2020 through June 30, 2023; Councillor Flynn ABSTAINED.
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.
Council President Sylvia noted the following:
I am pleased to announce tonight that this council has just officially ratified a new Collective Bargaining Agreement with our firefighters. This new four-year contract is the result of a true partnership with our firefighters.
The contract guarantees that there will be additional firefighter staffing immediately as a result of a complete fire department re-organization at no cost, and with the hiring of one new firefighter now, and with an additional four firefighters to be hired in conjunction with anticipated federal funding.
I want to thank the Firefighters State Business Agent Joseph Andriole, local Union President John Jordan and all our firefighters who have truly partnered with us to make this happen. You are to be commended.
The direct cost to our taxpayers was dramatically reduced by the modest increases that our firefighters have agreed to receive over the next four years, and I applaud them for that. The remaining funding necessary will come from requested federal funding through the safer grant funding program. This council will also reallocate a portion of the present rescue wagon revenue to offset the remaining cost.
We believe that this agreement will support public safety, reduce our dependence on mutual aid, improve training for fire fighters and Paramedics, and ensure that the residents of our town continue to receive the first-class service that they both expect and deserve from the Middletown Fire Department.
I’m grateful to all the bargaining teams who worked so hard these last several months to reach this agreement.
The new agreement with our Fire Fighters IAFF Local 1933 includes a cost-of-living increase of – 0%, 2%, 1% and 1% over the next four years. It also includes a total re-organization of our current staffing, minor adjustments in their medical as well as an annual incentive for them to maintain physical discipline.
Firefighter John Jordan addressed the Council thanking the Council for working with and listening to the union’s concerns.
EMERGENCY ITEM TO BE DISCUSSED AFTER THE 6:00 P.M. EXECUTIVE SESSION
ADDENDUM TO TOWN COUNCIL AGENDA
POSTED – MARCH 16, 2020
REGULAR MEETING – MARCH 16, 2020
EXECUTIVE ORDER -March 16, 2020, re: Declaration of State of Emergency.
Council President Sylvia noted the following:
The decision to declare a state of emergency in Middletown is not one taken lightly, nor without a lot of consideration on the part of the Town Council and the Town Administration. But we are convinced it is in the best interest of our community to take these steps to contain the spread of COVID-19, in keeping with the recommendations of the State of Rhode Island, the Governor, and various health officials.
These efforts will allow the Town to manage day-to-day operations with greater flexibility and to be more responsive to the changing needs of the community on a daily basis.
Effective today, all municipal board and commission meetings, including the Town Council, Zoning and Planning Boards are cancelled until further notice, along with Municipal and Probate Courts.
All municipal buildings – Town Hall, Police, Fire, Public Works, Library and Senior Center – are closed to public access. Employees will continue to report to work, and will handle requests, applications, and other town business via phone, email, mail and online programs.
Middletown Fire Department and Middletown Police Department are making the following preparations:
1) securing all necessary supplies and equipment for personal protection and medical response;
2) reviewing new procedures, policies and training related to first responders in situations of heightened medical concerns;
3) activating the Town’s emergency operations center and all necessary Town emergency response plans, policies, compacts, and agreements, to create and establish mobile support units.
This declaration recognizes the importance of taking appropriate mitigation actions in order to prevent the spread of the virus not only in Middletown but across the region and leaves open the possibility that further actions may be taken as the situation develops. Everyone needs to take every precaution to slow down the spread of this disease so that we may protect those in our community who are most vulnerable and at risk. We thank everyone for their patience and understanding at this difficult time.
Discussion centered around the Executive Order is for one week and the Town Council can extend the order, the state is working on relief of the Open Meetings Law to assist Municipalities regarding the public meetings, the focus on the Town Senior population to assist with their needs, the schools being closed for one week which may be extended, the school department identifying tools for online education, the limitation of the island broadband and the issuance of lap tops to students.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue items #2 through #36 will be continued to the April 6, 2020, Regular Meeting of the Council.
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.
3. Memorandum of MPC Director, thru Town Administrator, re: Sustainability Planning & Islanders Committed CADCA Forum Presentation.
4. Approval of Minutes, re: Special Meeting, February 29, 2020.
5. Approval of Minutes, re: Regular Meeting, March 2, 2020.
6. Resolution of the Council, re: Memorializing the General Assembly to Enact Legislation Authorizing the Town of Middletown to issue not to exceed $5,000,000 General Obligation Bonds, Notes and Other Evidences of Indebtedness to Finance Acquiring and Preserving Open Space and Acquiring, Preserving, Restoring and Improving Recreational Areas in the Town.
7. At the request of Council President Sylvia, Resolution of the Council, re: In support of H-7307 and S-2068 Relating to Health and Safety-PFAS In Food Packaging, H-7216 and S-2235 Relating to Waters and Navigation – PFAS In Drinking Water, Groundwater and Surface Waters.
8. At the request of Council President Sylvia, Resolution of the Council, re: In support of H-7619 and S-2123 Acts Relating to Food and Drugs – The Uniformed Controlled Substances Act.
9. At the request of Council President Sylvia, Resolution of the Council, re: Every Rhode Islander Should Be Counted in 2020 Census.
10. At the request of Council President Sylvia, Resolution of the Council, re: In opposition to S-2547 and H-7900 Acts Relating to Aeronautics-Airports and Landing Fields-Airport Zoning.
11. Resolution of the Town of Hopkinton, re: Requesting support for 2020-H7430, 2020-H7480, 2020-S2285 and any other Bills which move the Primary to Wednesday if it is held in the same week as Labor Day.
12. Application for Special Event Permit from the Newport County YMCA for the Summer Camp (Water Sports/Surf Camp) to be held at Second Beach, beginning June 22, 2020 to August 28, 2020 from 9:00 a.m. to 2:00 p.m.
13. Application for Special Event Permit from Reverend Shelley Dungan of The Sacred Center at St. Mary’s Church for Yoga on the Beach to be held at Third Beach, Monday – Sunday 7:30 am – 8:30 am and Monday-Friday 6:00 pm -7:00 pm, mid-June to early September.
14. License of Burial, re: Thomas Wilson – Section 16, Grave 30.
15. License of Burial, re: Jane Becker – Section 16, Graves 105 & 106.
16. License of Burial, re: Alexandra Georgiou – Section 56, Graves 2 & 3.
17. Public Hearing (Advertised; Abutters Notified)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Revision to the Comprehensive Community Plan.
Proposed Amendments to the Town’s Comprehensive Community Plan, future land use plan, map L-4, of the Land Use element of the Middletown Comprehensive Community Plan is amended to bring consistency between the Future Land Use Plan and the Town’s Zoning Map for selected parcels fronting on Aquidneck Ave., Brookdale Rd., Barton Ln., Coddington Hwy., East Main Rd., Green End Ave., Greene Ln., Honeyman Ave., Johnnycake Hill Rd., Maple Ave., Meadow Ln., Old Airport Rd., Rockwood Rd., Sherman Ln., Smythe St., Tuckerman Ave., Underwood Ln., Valley Rd., Vierra Ter., West Main Rd., and Wyatt Rd. Subject parcels are identified on the attached map.
18. Communication of Councillor Lombardi, re: Homestead Ordinance.
19. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title III Administration, Chapter 34, Taxes, Section 34.10 Homestead Exemption. (New Section; See Attached Ordinance)
20. Resolution of the Council, re: Requesting the Rhode Island General Assembly to enact changes to Section 44-5-11.8 of the Rhode Island General Laws, authorizing the Town of Middletown, by ordinance, to adopt a tax classification plan in accordance with the provisions of R.I.G.L. 44-5-11.8 (a) & (b), to be applicable to taxes assessed on or after the assessment date of December 31, 2019.
21. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XI Business Regulations, Chapter 113 Food Service. (See Attached Ordinance)
22. Application for Special Event Permit from Middletown Police FOP Lodge 21 for the Police 5K Road Race, Second Beach to be held on Saturday, May 9, 2020,10:00 am to 12:30 pm. (Applicant requests all fees to be waived)
23. Communication of Paul A. Croce, Chairman, Middletown Planning Board, with enclosures, re: Proposed creation of incentive program to promote preservation of historic buildings and resources.
24. Communication of MHS Senior and Junior Post Prom Committee, re: Requesting support for Senior and Junior Post Prom activities.
25. Communication of Cheryl G. Robinson, President of Turning Around Ministries, Inc., re: Request for support by placing an ad in the Souvenir Book or making a contribution to TAM.
26. (Continued from the March 2, 2020, Regular Meeting for additional information)
Memorandum of Councillor Flynn and Resident, Lawrence Frank, re: Safety Staffing Room Tax.
27. Resolution of the Council, re: Requesting amendment to RIGL Section 24-6-1, Authorizing the Town of Middletown, upon receiving a request for abandonment of highway or driftway from an abutting property owner, to sell the highway or driftway to the abutting owner, at fair market value.
28. Communication of Councillor Lombardi, re: Executive Session Materials and Notes.
29. Memorandum of Councillor Lombardi, re: Regarding Short Term Rental Platform tax.
30. Resolution of the Council, re: Regarding Short Term Rental Platform Tax.
31. Memorandum of Finance Director, with enclosure, re: Surplus Property-School Department-Classroom furniture.
32. Resolution of the Council, re: Surplus Property-School Department-Classroom furniture.
33. Communication of the Tax Assessor, with enclosures, re: Cancellation of taxes for certain Middletown residents.
34. Resolution of the Council, re: Cancellation of taxes for certain Middletown residents.
35. Appointment of one (1) member to the Citizens Memorial Committee, indefinite term.
36. Appointment of two (2) members to the Roads and Utilities Advisory Committee, one (1) vacancy, resident member, to complete a term expiring January 2021 and one (1) vacancy, professional member term expiring January 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 7:34 P.M.
Wendy J.W. Marshall, CMC
Town Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri