THIS MEETING CAN BE HEARD 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 by telephone conference at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, May 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 Dennis B. Turano
Councillor Barbara A. VonVillas
Members Present by Teleconference and Webinar.
TOWN COUNCIL OF THE TOWN OF MIDDLETOWN, RHODE ISLAND
The following items of business, having been filed with the Town Clerk under the Rules of the Council, will come before the Council at a regular meeting to be held on Regular Meeting - Said meeting will be conducted by telephone conference call on Monday, May 18, 2020 at 7:00 P.M., in accordance with Executive Order 20-25 issued by Governor Raimondo on April 15, 2020, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) as part of the State’s emergency response to COVID-19. Members of the public may access and listen to the meeting in real-time by calling 877-853-5257 (Toll Free) or 888-475-4499 (Toll Free) and entering Meeting ID: 832 3485 9390; or On the web at https://us02web.zoom.us/j/83234859390
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 – If you are participating by phone and wish to speak press *9 on the telephone. If you are on the Zoom application and wish to speak raise your hand.
Council President Sylvia announced- In regards to discussion, each Councillor will have 5 minutes and then another 3 minutes after discussion, then we will vote.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to act as a Board of License Commission. (All Councillors were polled by Council President Sylvia for their vote.)
1. Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a Class BV Liquor License to be used at the same premises. Application includes request for outside service on lower patio area and upper deck. (Requires Advertising for Public Hearing and notice to abutters; NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said application, notify abutters and advertise for public hearing to be held on June 1, 2020. (All Councillors were polled by Council President Sylvia for their vote.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene as a Town Council. (All Councillors were polled by Council President Sylvia for their vote.)
All Councillors were polled by Council President Sylvia for their vote regarding the Consent Calendar items.
Vice President Rodrigues requested that items #6, #7, #8, #9, #10 and #12 be removed on behalf of Councillor Turano and items #15, #18 and #20 be removed on behalf of Councillor Flynn.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously that items #6, #7, #8, #9, #10, #12, #15, #18 and #20 be placed on a future docket. (All Councillors were polled by Council President Sylvia for their vote.)
2. Approval of Minutes, Regular Meeting, April 20, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
3. (Continued from March 16, 2020, Regular Meeting)
Memorandum of Finance Director, with enclosure, re: Surplus Property-School Department-Classroom furniture.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
4. (Continued from March 16, 2020, Regular Meeting)
Resolution of the Council, re: Surplus Property-School Department-Classroom furniture.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
5. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Senior Center Windows.
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 unanimously to submit the Senior Center Windows project in the current round of CDBG funding.
6. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Council Update – Bond Issue for Athletic Fields. (Motion above to place this item on a future docket)
7. Memorandum of Finance Director dated April 17, 2020, thru Town Administrator, re: FY2020 Budget Adjustments as of March 31, 2020. (Motion above to place this item on a future docket)
8. Resolution of the Council, re: FY2020 Budget Adjustments as of March 31, 2020. (Motion above to place this item on a future docket)
9. Memorandum of Finance Director dated April 24, 2020, thru Town Administrator, re: FY2020 Budget Adjustments as of March 31, 2020. (Motion above to place this item on a future docket)
10. Resolution of the Council, re: FY2020 Budget Adjustments as of March 31, 2020. (Motion above to place this item on a future docket)
11. Memorandum of Accounting Manager, with enclosures, re: Quarterly Tax Collector’s Report as of 03/31/2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and report.
12. Memorandum of Finance Director, thru Town Administrator, re: Municipal Financial Report – Nine months ended March 31, 2020. (Motion above to place this item on a future docket)
13. Communication of Tax Assessor, with enclosures, re: Cancellation of Taxes for Certain Middletown Residents.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
14. Resolution of the Council, re: Cancellation of Taxes for Certain Middletown Residents.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
15. 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. (Motion above to place this item on a future docket)
16. (Continued from March 16, 2020, Regular Meeting)
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.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
17. (Continued from March 16, 2020, Regular Meeting)
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.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
18. (Continued from March 16, 2020, Regular Meeting)
At the request of Council President Sylvia, Resolution of the Council, re: Every Rhode Islander Should Be Counted in 2020 Census. (Motion above to place this item on a future docket)
19. (Continued from March 16, 2020, Regular Meeting)
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.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
20. (Continued from March 16, 2020, Regular Meeting)
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. (Motion above to place this item on a future docket)
21. Memorandum of Town Clerk, with enclosures, re: Donation to Town from the Garden Club of Middletown.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
22. Communication of Heather Hole Strout, Executive Director, Martin Luther King Jr., Community Center, re: 2019 Civic Funding Final Report.
23. Communication of Erin Donovan-Boyle, Greater Newport Chamber of Commerce, re: Appreciation for support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
24. Communication of Arlene Hood, Middletown, with enclosures, re: Beaches and Trails.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
25. (Continued from March 16, 2020, Regular Meeting)
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.
26. Resolution of the Town of Charlestown, re: In support of Legislation to Establish an Ocean State Climate Adaptation and Resilience Fund (OSCAR).
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
27. Resolution of the Town of Charlestown, re: In support of 2020-H7755 and S2756 An Act Relating to Criminal Offenses Trespass and Vandalism.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
28. Resolution of the Town of Charlestown, re: In support of Acts Relating to Elections-Primary Election Dates.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
29. Resolution of the Town of Warren, re: In support of 2020-H7430, 2020-H7480, 2020-S2285 which move the Primary to Wednesday if it is held in the same week as Labor Day.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
30. Resolution of the Town of South Kingstown, re: In support of 2020-H7430, 2020-H7480, 2020-S2285 which move the Primary to Wednesday if it is held in the same week as Labor Day.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
31. Resolution of the Town of Barrington, re: In support of Legislation to Establish An Ocean State Climate Adaption and Resilience Fund (OSCAR).
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
32. Resolution of the Town of Barrington, re: In Support of H7264 and S2130 Large Capacity Feeding Device Ban Act of 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
33. Resolution of North Smithfield Public Schools, re: Expressing Support for funding of The Categorical Fund for High Cost Special Education.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
34. Resolution of North Smithfield Public Schools, re: Expressing Support for funding of RIDE Transportation Offset ESSA.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
35. Resolution of North Smithfield Public Schools, re: Urging the Continued Appropriation of State & Local Revenue to Support Public Education.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
36. Resolution of Smithfield School Department, re: Urging the Continued Appropriation of State & Local Revenue to Support Public Education.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
37. Resolution of the Town of Barrington, re: Recognizing the Month of June as Barrington Pride Month, Honoring Members of Lesbian, Gay Bisexual, Transgender, Queer, Intersex, Asexual, and Other (LGBTQIA+) Community.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
38. Resolution of Smithfield School Department, re: Expressing Support for funding of The Categorical Fund for High Cost Special Education.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
39. Resolution of Smithfield School Department, re: Expressing Support for funding of RIDE Transportation Offset ESSA.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
40. Petition of National Grid for Joint or Identical Pole Location, Forest Avenue, install pole, down guy, and anchor with a 6ft lead across the pole 21 Forest Avenue. Pole and anchor will be located on town property on the north side of Forest Ave. Pole will be labeled 21-84. (Requires review and recommendation from the Roads & Utilities Advisory Committee)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said Petition and forward to the Roads & Utilities Advisory Committee for review and recommendation.
41. Application of HPK, Inc. dba Tickets, 15 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
42. Application of A&M Acquisitions, LLC dba A&M Tactical, 10 Coddington Highway, for RENEWAL of a Firearms Dealers License for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
43. Application of Angel Camacho, 59 Asqah Drive, North Kingstown, RI, for RENEWAL of a Tattoo License for the 2020-2021 licensing year. (License is used at Trouble Soul, 999 West Main Road)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
44. (Continued from March 16, 2020, Regular Meeting)
License of Burial, re: Thomas Wilson – Section 16, Grave 30.
45. (Continued from March 16, 2020, Regular Meeting)
License of Burial, re: Jane Becker – Section 16, Graves 105 & 106.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license of Burial.
46. (Continued from March 16, 2020, Regular Meeting)
License of Burial, re: Alexandra Georgiou – Section 56, Graves 2 & 3.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license of Burial.
47. License of Burial, re: Sonya A. Woods – Section 16, Grave 34.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license of Burial.
48. Application for Special Event Permit from Sweet Berry Farm for Peltz/Gould Wedding to be held on Saturday, August 29, 2020 at Sweet Berry Farm 915 Mitchell’s Lane (Barn) from 5:00 pm. to 10:00 pm.
49. Application for Special Event Permit from Sweet Berry Farm for Spinden/DeFiore Wedding to be held on Thursday, July 8, 2021 at Sweet Berry Farm 915 Mitchell’s Lane (Barn) from 5:00 pm. to 10:00 pm.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit.
50. Application for Special Event Permit from Gray Matter Marketing for the Aquidneck 10K, Running road race 10K (6.2 miles) distance, start and finish at Second Beach to be held on Sunday, November 15, 2020 at 10:00 a.m. to 1:00 p.m. (This application was approved prior, the original date was March 22, 2020, which was cancelled due to covid-19)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit.
51. Email communication of Alexander Ellermann, re: Resignation from the Library Board of Trustees.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resignation with regret.
52. (Continued from March 16, 2020, Regular Meeting)
Memorandum of MPC Director, thru Town Administrator, re: Sustainability Planning & Islanders Committed CADCA Forum Presentation.
(To be passed from the agenda – Will be resubmitted at a later date.)
53. Memorandum of Council President Sylvia and Vice President Rodrigues, re: Coronavirus – May 3, 2020 Police Parade. (Event Cancelled – Pass from Agenda)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said item from the agenda.
54. (Continued from March 16, 2020, Regular Meeting)
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) (Event Cancelled – Pass from Agenda)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said item from the agenda.
55. (Continued from March 16, 2020, Regular Meeting)
Communication of MHS Senior and Junior Post Prom Committee, re: Requesting support for Senior and Junior Post Prom activities. (Event Cancelled – Pass from Agenda)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said item from the agenda.
56. (Continued from March 16, 2020, Regular Meeting)
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. (Event Cancelled – Pass from Agenda)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said item from the agenda.
57. Application of JT Releaf, LLC dba Releaf Center, 1341 West Main Road, for a Holiday License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license. (All Councillors were polled by Council President Sylvia for their vote.)
58. Application of Port Pizza, LLC dba Port Pizza, 659 West Main Road, 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. (All Councillors were polled by Council President Sylvia for their vote.)
59. Memorandum of Council President Sylvia, re: Beaches and Campground Discussion.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess this meeting at 7:24 p.m. (All Councillors were polled by Council President Sylvia for their vote.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene this meeting at 7:27 p.m. (All Councillors were polled by Council President Sylvia for their vote)
Council President Sylvia noted the importance of keeping Middletown residents safe during the pandemic, and Middletown beaches belong to the residents. Mr. Sylvia suggested that Third Beach be open to Middletown residents only, residents should adhere to CDC guidelines and safe distancing guidelines. Council President Sylvia explained the opening of the beach would need to be monitored.
Discussion centered around that residents can do what they want on the beach as long as they use common sense and follow guidelines, only one parking lot at Third Beach would be opened, if there should be a trial for part of Second Beach to also be open, signage for Third Beach, the ability for boat trailers at Third Beach, reviewing the status of opening Third Beach at the June 1, 2020 Regular Meeting of the Council, there are 10 spaces open for boat trailers and 150 spaces in the lot, safety is the highest priority, economic health of the Town and this is a first step to open the beaches.
Colleen Murphy, 5 Collins Terrace, addressed the Council noting agreement with the Council regarding opening Third Beach.
David Huntoon, 64 Peckham Lane, addressed the Council noting the need to keep track of who is in the lot and drivers dropping off people at the beach.
Sue Raffa, 11B Woolsey Road, addressed the Council suggesting the Council open the Navy Beach lot to enable more people to separate at the beach. Ms. Raffa noted agreement with keeping Third Beach just for residents.
Katie McGraw, 2 Sherwood Road, addressed the Council noting appreciation for the Council’s efforts. Ms. McGraw suggested a parking pass for Second Beach.
Carmella Geer, 10 Wood Road, addressed the Council, noting support for the idea of the phase in system for the beaches, but is concerned with what may happen when non-Middletown residents come to the gate at the beach.
Chris Spaight, Portsmouth, addressed the Council noting concern with capacity at Third Beach and suggests opening Second Beach.
Kathy Silveira, member of the Middletown Beach Commission, addressed the Council, inquiring if there will be a car check to see if a people riding in the car are Middletown residents. Ms. Silveira also inquired if property owners are considered residents.
Discussion centered around carloads of people going to the beach, tax bills being used to show proof of residency, the percentage of people walking onto the beach, bicyclist going to the beach, opening of Peabody Beach and out of state visitors.
Charlene A. Rose-Cirillo, 7 Sampson Lane, Beach Committee Chair, addressed the Council noting support for the proposed opening of Third Beach.
On motion of Vice President Rodrigues, duly seconded, to open the Sachuest “Second” Beach.
Discussion centered around amending the motion by adding “at this time”.
Motion was amended by Vice President Rodrigues, by adding “at this item” which was duly seconded and voted on at this time:
On motion of Vice President Rodrigues, duly seconded, it was voted to open the Sachuest “Second” Beach, at this time Council President Sylvia, Vice President Rodrigues, Councillor Lombardi, Councillor Santos, Councillor Turano and Councillor VonVillas voted NO to said motion; Councillor Flynn voted Yes; MOTION FAILED TO PASS. (All Councillors were polled by Council President Sylvia for their vote.)
On motion of Council President Sylvia, duly seconded, it was voted unanimously to open Third Beach for the 2020 Season, in line with protocols spoken about tonight and turn to the Town Administrator to execute only for Middletown residents (All Councillors were polled by Council President Sylvia for their vote.)
On motion of Vice President Rodrigues, duly seconded, it was voted to open the Town Campground, at this time; Council President Sylvia, Vice President Rodrigues, Councillor Lombardi, Councillor Santos, Councillor Turano and Councillor VonVillas noted NO to said motion; Councillor Flynn voted Yes; MOTION FAILED TO PASS. (All Councillors were polled by Council President Sylvia for their vote.)
60. Memorandum of Council President Sylvia, re: Establish a Special or Regular Meeting Schedule.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)
Discussion centered around the backlog of agenda items, which need to be addressed and the possibility of a Special Meeting on Tuesday, May 26, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to have a Special meeting on Tuesday, May 26, 2020 at 7:00 p.m. (All Councillors were polled by Council President Sylvia for their vote.)
61. Memorandum of Council President Sylvia, re: Establish Budget a Town Budget Schedule.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)
Discussion centered around a Saturday meeting for the budget, unknown revenues from the state, where to hold a budget meeting and continuing the agenda item.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue this item to May 26, 2020, Special Meeting of the Council. (All Councillors were polled by Council President Sylvia for their vote.)
62. Executive Order 2020-08 Extension of State of Emergency in Middletown through and including June 15, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve the Executive Order 2020-08 (Extension of State of Emergency in Middletown) through and including June 15, 2020. (All Councillors were polled by Council President Sylvia for their vote.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 9:14 P.M. (All Councillors were polled by Council President Sylvia for their vote.)
_________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri