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, September 21, 2020 at 6:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Terri Flynn, joined at 6:05 p.m.
Councillor Henry F. Lombardi, Jr.
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Members and Participants Present by Teleconference and Webinar/Meeting.
AMENDED - POSTED – SEPTEMBER 16, 2020
REGULAR MEETING SEPTEMBER 21, 2020
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 Monday, September 21, 2020; Executive Session at 6:00 P.M.; Regular Meeting at 7:00 P.M. - Said meeting will be conducted by telephone conference call/meeting/ webinar, in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended to October 10, 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 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 811 8594 9938; or on the web at https://us02web.zoom.us/j/81185949938.
The items listed on the Consent portion of the agenda are to be considered routine by the Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, requests and the Town Council President permits, in which event the item will be removed from Consent Agenda consideration and considered in its normal sequence on the agenda. All items on this agenda, may be considered, discussed and voted upon in executive session and/or open session.
Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
Any person not a member of the Council, desiring to address the Council concerning a matter on the docket of the Council, not the subject of a Public Hearing, shall submit a written request to the Town Clerk stating the matter upon which he desires to speak. Persons are permitted to address the Council for a period not to exceed three (3) minutes. Citizens that wish to speak must submit a written request either dropped off at Town Hall or emailed to wmarshall@middletownri.com or kclancey@middletownri.com . Request must include your information, item number you wish to address and how you will be identified/named on zoom. The request must be filed at least 30 minutes prior to the meeting (6:30 p.m.). If a request is not filed, you will not be able to address the matter.
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. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) Land Acquisition, (2) Potential Litigation, (1) Collective Bargaining (Police- FOP) and (1) Collective Bargaining (TEAMSTERS) - 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. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 7:00 p.m. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to move forward with Land Acquisition, based on DEM’s best practices. (All Councillors were polled) – Councillor VonVillas was not online for this vote.
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. (All Councillors were polled) – Councillor VonVillas was not online for this vote.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to act on item #5 at this time. (All Councillors were polled) – Councillor VonVillas was not online for this vote.
2. Communication of Councillor Turano, re: “Going Back to School” – Discuss rollout strategy with School Committee and the budget for going back to school partially.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication. (All Councillors were polled)
Council President Sylvia announced that Licenses for RockLobster, LLC will be continued to October 5, 2020.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to take a five-minute recess at 8:04 p.m. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene at 8:08 p.m. (All Councillors were polled)
3. Communication of Councillor Flynn and Councillor Turano, re: Beach Ordinance/Dogs.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication. (All Councillors were polled)
4. Memorandum of Town Administrator, re: FY21 Civic Appropriations.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled)
First discussion – Civic Appropriations – General Fund
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize an FY21 Civic Appropriation to the American Red Cross, Rhode Island Chapter in the amount of $3,000. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize an FY21 Civic Appropriation to the Aquidneck Island Planning Commission in the amount of $18,000. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize an FY21 Civic Appropriation to Clean Ocean Access in the amount of $2,500; Vice President Rodrigues amended his motion to authorize $2,000. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize an FY21 Civic Appropriation to Dr. Martin Luther King Community Center in the amount of $5,000. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize an FY21 Civic Appropriation to East Bay Community Action Program in the amount of $4,500; Council President Sylvia amended the motion to authorize $6,000. (All Councillors were polled)
On motion of Council President Sylvia, duly seconded, it was voted unanimously to move to Acting as a Board of License Commission. (All Councillors were polled)
Item #5 was addressed prior to item #2.
5. Memorandum of Town Administrator, re: Request to Fund Bicycle Repair Station.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize $1,700. for the purchase of two bike repair stations, one at the Middletown Library and one at Gaudet School; funds to be appropriated from the Council President’s Discretionary Fund. (All Councillors were polled)
Item #2 was addressed at this time.
6. Memorandum of Finance Director, thru Town Administrator, re: Senior Affordable Housing – Change order for real estate market study. (Item to be removed from the agenda at the request of the Town Administrator)
7. Resolution of the Council, re: Senior Affordable Housing – Change order for real estate market study. (Item to be removed from the agenda at the request of the Town Administrator)
8. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 06/30/2020 – Town of Middletown.
9. Memorandum of Finance Director, thru Town Administrator, re: Municipal Financial Report- Year ended June 30, 2020.
10. Memorandum of Town Administrator, re: Town Business Updates September 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to act as a Board of License Commission. (All Councilors were polled)
11. Continued from August 17, 2020 Regular Meeting
(Advertised and Abutters Notified)
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. (NEW)
12. Application of Breakwaters Cigar & Whiskey Lounge, LLC, 769 Aquidneck Avenue, for a Class C Liquor License to be used at the same premises. Application includes request to expand hours to close at 1:00 a.m. Fridays, Saturdays and Night before Legal Holiday per RIGL 3-7-8(E). (Requires Advertising for Public Hearing and Abutters Notification) (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 October 5, 2020. (All Councillors were polled)
13. Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2020-2021 licensing year. (Requires Advertising for public hearing; see attached list)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said applications and advertise for public hearing to be held on October 19, 2020. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene as a Town Council. (All Councillors were polled)
14. Approval of Minutes, re: Special Meeting, July 27, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes. (All Councillors were polled)
15. Approval of Minutes, re: Regular Meeting, August 17, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes. (All Councillors were polled)
16. Memorandum of Attorney Patrick O’N. Hayes, Jr. on behalf of Landings Capital and Development, LLC, re: Zoning Change Petition for 438 East Main Road for development of housing units including low income housing. (Requires advertising for public hearing and notification to abutters)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum, and forward said petition to the Planning Board for review and recommendation. (All Councillors were polled)
17. Resolution of Coventry Town Council and School Committee, re: Joint Resolution on State Funding for Covid Related Expenses.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution. (All Councillors were polled)
18. Resolution of North Smithfield Town Council, re: Urging an Emergency Exemption in the Computation of the Maintenance of Effort Requirements Established by RIGL 16-7-23.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution. (All Councillors were polled)
19. Resolution of the Town of Warren, re: Relating to State Assistance During the COVID-19 Emergency.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution. (All Councillors were polled)
20. Resolution of the Town of Barrington, re: Relating to State Assistance During the COVID-19 Emergency.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution. (All Councillors were polled)
21. Resolution of the Town of Barrington, re: In Support of Urging the State of Rhode Island to Allocate at least 10 Percent of its $1.5 Billion in Federal CARES Act Funds to Establish a Grant Program for Small Businesses Impacted by COVID-19.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution. (All Councillors were polled)
22. Kelly Sanders, Nexius on behalf of AT&T, re: AT&T wanting to expand service in Middletown, specifically in the area of Sachuest Point Road. (Requires review and recommendation from the Administration)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and forward to the Town Administration for review and recommendation. (All Councillors were polled)
23. Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2020-2021 licensing year. (Requires Advertising for public hearing; see attached list)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said applications and advertise for public hearing to be held on October 19, 2020. (All Councillors were polled)
24. License of Burial, re: Joanne Cadenazzi – Section 54, Graves 71, 72 & 73.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license of burial. (All Councillors were polled)
25. License of Burial, re: Karen Day – Section 54, Graves 22 & 23.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license of burial. (All Councillors were polled)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue this items #26, #27 and #28 to the October 5, 2020, Regular Meeting of the Council, at the request of the Applicant’s Attorney. (All Councillors were polled)
26. Continued from August 17, 2020 Regular Meeting
Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a Victualling House License for the 2019-2020 licensing year. (NEW)
27. Continued from August 17, 2020 Regular Meeting
Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for an Amusement License for the 2020-2021 licensing year. (Acoustic, Some Amplified and Comedy) (NEW)
28. Continued from August 17, 2020 Regular Meeting
Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a Mechanical Amusement License for the 2020-2021 licensing year. (NEW)
29. Application for Special Event Permit from Middletown Prevention Coalition for The Social Dilemma: It’s Impact on Teens & Society – Drive-In Movie at Second Beach on Thursday, October 1, 2020. (MPC – Requests All fees be waived for this permit)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to withdraw said application, at the request of the applicant. (All Councillors were polled)
30. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code Title XV: Land Use, Chapter 150 Development Impact Fees. (See Attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said ordinance on its second reading. (All Councillors were polled)
31. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title III, Administration, Chapter 36 Fee Schedule, Section (F) Police Department, Sub-Section (7) Firearm Purchase Application Fee. (See Attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said ordinance on its first reading. (All Councillors were polled)
32. Communication of Christopher Greene, Whitehall Farm Condominium Association (WFCA) President, re: Entitlement to Town Services.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication. (All Councillors were polled)
On motion of Council President Sylvia, duly seconded, it was voted unanimously to refer this item to the Town Solicitor for a follow up. (All Councillors were polled)
33. Communication of Mark Ekstrom, 3 Maloney Lane, re: Airbnb houses.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication. (All Councillors were polled)
34. Memorandum of Council President Sylvia, Vice President Rodrigues, Councillor Lombardi and Councillor Santos, re: Butler Basketball Donation Request.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and authorize $1,000.00 donation from the Council President’s Discretionary Fund. (All Councillors were polled)
On motion of Council President Sylvia, duly seconded, it was voted unanimously to move to item #49. (All Councillors were polled)
35. Memorandum of Councillor Flynn, re: Special Event Permit Violation Discussion.
36. Memorandum of Councillor Flynn, re: Covid-19 Update Request.
37. Resolution of the Council, re: Requesting the Governor to execute a plan for distributing Coronavirus Relief Fund (CRF) funds to cities and towns.
38. Memorandum of Finance Director, thru Town Administrator, re: Update on Asset & Valuation Audit RFP.
39. Memorandum of Finance Director, thru Town Administrator, re: Surplus Vehicle in the Police Department.
40. Resolution of the Council, re: Surplus Vehicle in the Police Department.
41. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown Residents.
42. Resolution of the Council, re: Cancellation of taxes for certain Middletown Residents.
43. Communication of Tax Assessor and Finance Director, re: Cancellation of Taxes for certain Middletown Residents.
44. Resolution of the Council, re: Cancellation of taxes for certain Middletown Residents.
45. Memorandum of Finance Director, re: Budget Adjustments for June 30, 2020.
46. Resolution of the Council, re: General Fund accounts FY2020 Approved Budget.
47. Resolution of the Council, re: Parks and Recreation Fund accounts in the FY2020 Approved Budget.
48. Memorandum of Finance Director, thru Town Administrator, re: Financial Report – Two Months ended August 31, 2020.
49. Executive Order 2020-14 Extension of State of Emergency in Middletown through and including October 19, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted, to extend the State of Emergency in Middletown through and including October 19, 2020; Vice President Rodrigues and Councillor Turano voted NO to said Motion.
50. Email resignation of Jon Brett from the Middletown Prevention Coalition (Health Care Sector).
51. Appointment of one (1) member to the Aquidneck Island Planning Commission, term expiring July 2023.
52. Appointment of one (1) member to the Library Board of Trustees, to complete a term expiring September 2022.
53. Appointment of one (1) member to the Personnel Board of Review, Bi-Partisan Board, Republican Representative, term expiring June 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:34 P.M (All Councillors were polled)
_________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri