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 at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, August 2, 2021 at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Councillor Terri Flynn
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Vice President Thomas P. Welch, III, Absent
POSTED JULY 28, 2021
REGULAR MEETING AUGUST 2, 2021
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, August 2, 2021; 6:00 P.M. Executive Session; Immediately following Executive Session - Swearing in Ceremony - Fire Chief; 7:00 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. 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, or a member of the public so 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, with the exception of the Public Forum Session, 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 five (5) minutes.
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), (1) Collective Bargaining (Teamsters) and (1) Collective Bargaining (MMEA/NEARI, Local 869- Town Hall) - 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 6:02 p.m.
On motion of Councillor Santos, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:41 p.m.
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 recess this meeting at 6:51 p.m.
On motion of Councillor Santos, duly seconded, it was voted unanimously to reconvene this meeting at 7:02 p.m.
Council President Rodrigues requested a moment of silence for Thomas P. Welch, Jr., father of Vice President Welch and a former Chairman and member of the Planning Board.
IMMEDIATELY FOLLOWING EXECUTIVE SESSION – SWEARING IN CEREMONY - FIRE CHIEF
2. Swearing in Ceremony -- Fire Chief James Peplau.
On motion of Councillor Santos, duly seconded, it was voted unanimously to begin said swearing in ceremony.
Chief Partridge thanked everyone for attending and recognized the Middletown Fire Department, Visiting Fire Chiefs, Fire Fighters, Officers, Middletown Police Department, Town Department Heads and introduced the Town Council President.
Council President Rodrigues welcomed the new Fire Chief James Peplau, noting Mr. Peplau has a wealth of experience.
Chief Partridge noted the symbolism of the speaking trumpet to fire officers. The bugle or speaking trumpet has a unique place in the American fire service. In this country, the speaking trumpet was used by early fire officers to project their orders over the noise and commotion at emergency scenes. Fire officers were readily recognized as they wore the speaking trumpet on a lanyard around their neck. Today’s rank insignia draw on that symbolism, one of many traditions passed from generation to generation along with the principles of duty, honor, and courage.
In the Middletown Fire Department, one silver bugle represents a lieutenant and two represent a captain. Two crossed gold bugles symbolize a battalion chief, and five crossed bugles symbolizes the rank of fire chief.
Chief Partridge requested the Town Clerk Wendy Marshall to administer the Oath.
Town Clerk Wendy Marshall delivered the Oath to Chief Peplau.
Chief Peplau noted that this is a great evening for him, he is devoted to improving himself and the Middletown Fire Department. Mr. Peplau explained he is excited by the energy in the department and is honored that some of his colleagues from Waterbury, CT joined him this evening. Chief Peplau noted he is grateful for his children Lauren and John who joined him this evening. His daughter Lauren pinned his badge.
Council President Rodrigues thanked Interim Chief Partridge and Interim Chief McCall for their dedication and help to the Town, while searching for a permanent Fire Chief.
3. 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.
Dan Titus, 383 Paradise Avenue, addressed the Council noting concern with the disbanding of the Short-Term Rental Task Force. Mr. Titus requested more transparency regarding disbandment of the task force.
Councillor Flynn requested that item #4 be heard under the regular portion of the agenda.
4. Approval of Minutes, re: Regular Meeting, June 21, 2021.
On motion of Council President, duly seconded, it was voted unanimously to approve said minutes.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to correct the word in item #28 current Rule 2 changing the word minority to majority and under item #28 - current Rule number #5 the words “published and” be inserted before the word recorded, within the motion.
5. Application of Joe’s Kwik Marts, LLC dba Joe’s Kwik Marts, 864 West Main Road, for Additional Hours of Operation License for the 2020-2021 licensing year. (NEW; Requires Advertising for a Future Public Hearing)
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said application and advertise said license for a public hearing to be held at the September 7, 2021, Regular Meeting of the Council.
6. Application of Jozon Enterprises, Inc. dba Domino’s Pizza, 19 West Main Road for a Victualling House License for the 2020-2021 licensing year. (NEW)
On motion of Councillor Santos, duly seconded, to grant said license subject to approvals from the Building Official, Fire Marshal and Board of Health.
Discussion centered around this is a new owner of the business.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said license subject to approvals from the Building Official, Fire Marshal and Board of Health.
7. Application of Joe’s Kwik Marts, LLC dba Joe’s Kwik Marts, 864 West Main Road, for a Victualling House License for the 2020-2021 licensing year. (NEW)
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said license subject to approvals from the Building Official, Fire Marshal and Board of Health.
8. Application of Joe’s Kwik Marts, LLC dba Joe’s Kwik Marts, 864 West Main Road, for a Holiday Sales License for the 2021-2022 licensing year. (NEW)
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said license.
9. Application for Special Event Permit from Bike to the Beach, Inc. for Bike to the Beach – New England to be held on Saturday, September 18, 2021, beginning at 12:00 pm to 4:00 pm – A Route through Middletown (Old Mill Lane, Indian Avenue, Hanging Rock Road, Paradise Avenue, Tuckerman Avenue, Purgatory Road, Crescent Road and Aquidneck Avenue).
On motion of Councillor Santos, duly seconded, to grant said special event permit.
Discussion centered around that if changes are made to state regulations by the Governor, due to Covid, the event must comply.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said special event permit.
10. Application for Special Event Permit from Colin Greenman for “A Day for Jhamal” – Fundraiser – Basketball and Recreational Games to the held at Potsy Field on Sunday, August 8, 2021 from 2 pm to 7pm. (Applicant requests all fees to be waived)
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said special event permit and waive all fees.
11. Application for Special Event Permit from Middletown Prevention Coalition for the Middletown Family Day – National Prevention Movement to Celebrate Family engagement to be held at Second Beach on Saturday, October 2, 2021, 4 pm to 9 pm setup at 10:00 am. – rain date Sunday, October 3, 2021. (Applicant requests all fees to be waived)
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said special event permit and waive all fees.
12. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 34 Taxes, Section 34.02, Exemption on Residential Property.
On motion of Councillor Santos, duly seconded, to adopt said ordinance on its second reading.
Discussion centered around the changes allow residents to receive the same exemption as 2020 and that the current exemptions should be reviewed by the Administration.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
13. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 36 Fee Schedule, (F) Police, (4) Public Safety Private Detail Billing Rates: Police Department.
On motion of Councillor Santos, duly seconded, to receive said ordinance on its first reading.
Discussion centered around the amendment to the ordinance is due to Fair Labor Standards, potential changes to other Town fees and that there are no extra cars for use at the Police Department.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
OTHER COMMUNICATIONS
14. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Recommendation to the Town Council regarding acceptance of Lewis Drive, Lewis Drive Subdivision, Tax Assessor’s Plat 125, Lots 947, 948, 949, 950 for town maintenance in accordance with Section 703.5 of the Middletown Rule and Regulation Regarding the Subdivision and Development of Land.
On motion of Councillor Santos, duly seconded, to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above.
Discussion centered around there has been no issue with the maintenance bond, by ordinance a portion of the bond will be held by the Town for one year and this is a standard process for all developments.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
15. Resolution of the Council, re: Accepting Lewis Drive and associated public improvements for purposes of town maintenance.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
16. Email communication of Symon Cousens, Island Elements, Island Surf & Sports, Elemental Surf & Skate, re: Third Beach concession agreement.
On motion of Councillor Santos, duly seconded, it was voted unanimously to continue this item to the next Regular Meeting of the Council, August 16, 2021.
17. Memorandum of Councillor Flynn, re: Remote Public Participation.
On motion of Councillor Santos, duly seconded, to receive said memorandum.
Councillor Flynn reviewed the memorandum, entered here:
Discussion centered around that virtual meetings allow for more public participation, trying hybrid meetings for a year then evaluate, the current equipment/platform must be upgraded to allow for hybrid meetings and the cost to upgrade equipment.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
18. (Continued from Regular Meeting, July 19, 2021)
Memorandum of Town Planner, thru Town Administrator, re: Full-build impact study prioritized recommendations costs & traffic action items.
On motion of Council President, duly seconded, it was voted unanimously to receive said memorandum.
Steve Cabral, Crossman Engineering, reviewed the following Full-build impact study prioritized recommendations costs & traffic action items, entered here:
Discussion centered around some of these items are currently being worked on, if Newport Water was responsible for any funding, if there are any state agencies or grants to help with the funding, current water quality testing of outfalls in the Town, meeting with residents to discussion traffic priorities and recommendations in the Town.
*Mr. Cabral agreed to expedite item #3 of the High Priority Ground Water Items “Evaluate min lot sizes for homes with wells, including cluster developments” to be completed in 9-12 months instead of 18-36 months. (Amended by Council, September 7, 2021)
19. Communication of Terrence Gray, Acting Director, RI Department of Environmental Management, re: 2021 DEM Recreation Trail Grant Application: Valley Trial Expansion – Award - $80,000.
On motion of Councillor Santos, duly seconded, to receive said communication.
Town Administrator Shawn Brown noted that the Town has been awarded $80,000.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
20. Memorandum of Town Planner, thru Town Administrator, re: 2020 RIDEM Trails Grant – Valley Park trails expansion.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Councillor Santos, duly seconded, it was voted unanimously to Accept the 2021 DEM Recreation Trail Grant Application – Valley Trail Expansion for $80,000, and which requires a 20% or $20,000 match from the Town, and further Authorize the Town Administrator to solicit bids for the project as initially proposed with a budget of $187,139, and with a proposed budget of $100,000.
21. Resolution of the Council, re: 2020 RIDEM Trails Grant – Valley Park trails expansion; authorizing the Town Administrator to accept the grant and execute the grant agreement and allocate town matching funds in the amount of $107,139.
On motion of Councillor Santos, duly seconded, it was voted unanimously to withdraw this item at the request of the Administration.
22. Resolution of the Council, re: 2020 RIDEM Trails Grant – Valley Park trails expansion; authorizing the Town Administrator to accept the grant and execute the grant agreement and allocate town matching funds in the amount of $ 20,000.
On motion of Councillor Santos, duly seconded, it was voted unanimously to withdraw this item at the request of the Administration.
23. Memorandum of Town Administrator, re: Chases Lane – Commercial Traffic.
On motion of Councillor Santos, duly seconded, to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around big trucks using Chases Lane, the issue is a safety issue and having the Town Solicitor draft an ordinance restricting big trucks from using Chases Lane similar to the ordinances for Turner Road and Forest Avenue.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
24. Communication of Barbara E. Fenlon, CPA, Accounting Manager, re: Quarterly Tax Collector’s Report as of 06/30/2021 – Town of Middletown.
On motion of Councillor Santos, duly seconded, to receive said communication and report.
Finance Director Marc Tanguay reviewed the Communication and report, entered here:
Discussion centered around that a Tax Sale will be conducted this month, there are no senior citizens on the Tax Sale and people that cannot afford their taxes can contact the Town for payment programs.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication and report.
25. Memorandum of Finance Director, re: Financial Report – Twelve Months Ended June 30, 2021.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum and report.
On motion of Councillor Santos, duly seconded, it was voted unanimously to adjourn said meeting at 9:17 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri