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, December 6, 2021, at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn
Councillor Christopher M. Logan
Councillor M. Theresa Santos, Arrives at 6:03 p.m.
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
POSTED DECEMBER 1, 2021
REGULAR MEETING DECEMBER 6, 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, December 1, 2021, 6:00 P.M. – Executive Session; 6:30 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), (5) Land Acquisition, (2) Litigation (Opioid Litigation), (1) Personnel (Public Works Director) and (1) Collective Bargaining (FOP) - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:01 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:33 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to opt into the proposed Opioid Litigation settlement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the appointment of Robert Hanley as Public Works Director.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Council President Rodrigues and Vice President Welch to negotiate with the Police Department.
On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 6:34 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 6:44 p.m.
Councillor Flynn recused herself from acting on the following item #2, due to a possible conflict of interest.
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.
Council President Rodrigues requested an opinion from Solicitor Peter B. Regan, regarding the request to speak by Attorney Allyson M. Quay on behalf of Michael and Terri Flynn, is legally appropriate.
Town Solicitor Peter B. Regan noted he has spoken to Attorney Quay and suggested getting an opinion from the Ethics Commission; his opinion is that this is not appropriate.
Allyson M. Quay, Attorney-At-Law on behalf of Michael and Terri Flynn, reviewed the following and requested this document be made part of the record.
Councillor Flynn returned.
3. 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 34 Taxes, Section 34.70 Tax Classification System.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Town Solicitor Peter B. Regan addressed the Council noting the Town Council requested he work with the Tax Assessor to draft a Tax Classification System ordinance. State law allows for a classification system owner occupied verses owner unoccupied property. The Town must seek enabling legislation to enact. Because it is not a revaluation year.
Discussion centered around the definition of owner occupied (primary residents) vs owner unoccupied property (rental), changes can be made to the ordinance every three years during a revaluation, there cannot be more than a 50% difference between classifications, a minimal amount 2-4% of relief for residents, this ordinance does not affect commercial property/businesses and trying to make it affordable for people to live in the Town.
Antone Viveiros, Middletown, addressed the Council noting concern that if businesses close in Town, there will be a loss of tax revenue. Mr. Viveiros inquired if someone goes to Florida for half the year, are they still considered residents?
Council President Rodrigues, responded to Mr. Viveiros, explaining that if they are registered to vote here and go to Florida for a few months, they remain a resident.
Councillor Flynn, responded to Mr. Viveiros, explaining that this came about because there are trends happening in Middletown, the council is trying to counter the growing second home market and dark neighborhoods. Ms. Flynn further explained we are trying to encourage a year-round economy.
Discussion centered around looking at owner occupied and renting with the owner in the same home, why a resident must file for this classification annually, the Town Solicitor will work with the Tax Assessor to find a balance.
Rachel Cocroft, Newport, addressed the Council requesting the Council to consider her home in Middletown in the same category because her daughter lives in the home.
Tami Holden, Middletown, addressed the Council requesting data for someone who owns their residence and additional rental property in the Town.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
4. (Public Hearing Advertised)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, amending sections §27A04(C), and §27A07(E) of Article 27A – Mixed-use Development.
Public Hearing was declared open.
Town Planner Ronald Wolanski addressed the Council reviewing the following memorandum, entered here:
Council President Rodrigues inquired why the height limit for this ordinance is 40 feet.
Town Planner Ronald Wolanski, responding to Council President Rodrigues, explained that the Council can amend the proposal, the goal is to make the ordinance more attractive to developers.
Councillor Flynn reviewed the following Article 27-A Mixed Development which she submitted, noting the need to retain the purpose in the ordinance and assure business and residential uses are compatible going forward.
Enter Councillor Flynn’s handout
Town Solicitor Peter B. Regan addressed the Council noting the amendment is essentially what we have now, it does not prohibit the ability of an applicant to request a variance.
There being no other persons desiring to be heard, public hearing will remain open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
5. (Public Hearing Advertised)
Grant Application for Recreational Opportunities at Linden Park at 141 West Main Road, Paradise Park at 19 Prospect Avenue, and the Multi-Purpose Fields at 1225 Aquidneck Avenue.
Public Hearing was declared open.
Council President Rodrigues noted this public hearing is tied in with item #8 Discussion of Master Plan at Linden Park, including Pickleball Courts.
Agenda Item #8 was read into the record and acted on during this discussion.
Town Administrator Shawn Brown addressed the Council reviewing the map showing a Master Plan of Linden Park, entered here:
Mr. Brown noted the Town Clerk has notified abutters of Linden Park within 200 feet.
Kim Blass, Member of the Senior Affordable Housing Committee, addressed the Council noting that the Committee had a site visit at Linden Park, and it is prime property for senior housing.
Peter Kane, Middletown, addressed the Council noting support for fields at Linden Park. Mr. Kane expressed concerns if restrooms were placed on the property, how they would be monitored and cleaned. Peter Kane also noted support for more vegetation being placed so the abutters would realize less noise from the pickleball courts.
Marlene Johnson, Middletown, addressed the Council explaining she purchased her property because it was by a park and wishes it to remain that way, and is grateful for recreational improvements. Ms. Johnson suggested vegetation around the perimeter of the park and sound proofing with acoustic fences around the pickleball courts. Marlene Johnson requested assurance that there will be no lights on the field.
Council President Rodrigues, responding to Ms. Johnson, explained that there is no assurance regarding lighting. Mr. Rodrigues noted lighting may be proposed by another Town Council.
Susan Aide, Middletown, addressed the Council, noting concerns of noise at Linden Park, parking and agrees with keeping the pickleball courts closer to West Main Road. Ms. Aide suggested more policing in the Linden Park and set hours of use for pickleball.
Kevin Gross, Middletown, addressed the Council noting agreement with the previous speakers. Mr. Gross would prefer the area to remain as a park, rather than affordable housing. Kevin Gross suggested the council utilize sound dampening systems and set hours of use for the pickleball courts.
Pete Marnane, Middletown, addressed the Council explaining he loves living next to a park, and supports the improvements to the facility. Mr. Marnane noted concern with trash in the park and maintenance that is needed to the trees and bushes. Pete Marnane also explained the need to expand the parking at the park to accommodate pickleball.
Karen Barbera, Middletown, offered to assist the Town with upgrades to the Linden Park playground, explaining there is not a good park in Town that offers activity to a variety of ages and needs. Ms. Barbera is a landscape designer and suggests adding more trees and landscaping to reduce noise.
Rachel Cocroft, Newport, noted support for pickleball courts being constructed at the park, explaining it would be good for older people.
Theresa Spengler, Middletown, noted support for the proposed plan, explaining port-a-potties would be a better option for restrooms. Ms. Spengler explained the area is better as a park, than affordable housing.
Sean Napolitano, Middletown, noted support of the proposed upgrades to Linden Park, including sound deadening measures and set hours of operation for the pickleball courts.
Sarah Poirier, Middletown, member of Open Space and Fields Committee, noted it was great to hear input for the park, explaining there are not many recreational opportunities on the West Side of Middletown. Ms. Poirier explained there are multi-purpose fields now at Gaudet and there is a need to find a home for pickleball.
Discussion centered around no decision would be made regarding the park project tonight, affordable housing is still being considered at Linden Park, bathrooms at the park, using programable locks for the bathrooms, the playground equipment needing to be upgraded, parking for the area, and the landscaping and upkeep of Linden Park.
There being no other persons desiring to be heard, public hearing was declared closed.
Agenda item #6 was addressed after agenda item #16.
6. Memorandum of Town Planner, re: 2022 RIDEM Recreation Development Grant.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around this request is to allow the Town to apply for the grant, if the grant is received a decision can be made at a later date to complete the project, this is not committing to the project, not knowing where the money to match the grant is allocated from, the deadline for the applications, the application is not committing to spend the money and there are three separate grant applications.
7. Resolution of the Council, re: 2022 RIDEM Recreation Development Grant – Authorizing the Planning Department to prepare and submit grant applications.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council discussion was to take each portion of the application/resolution and vote separately.
Vice President Welch withdrew his motion to pass said resolution.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to pass a resolution, to submit grant application for Linden Park Revitalization- Improvements including Pickleball courts at Linden Park.
On motion of Council President Rodrigues, duly seconded, it was voted to pass a resolution, to submit grant application for trails at Paradise Valley Park – Expansion of trails at Paradise Valley Park; Vice President Welch voted NO to said motion.
On motion of Council President Rodrigues, duly seconded, it was voted to pass a resolution, to submit grant application for Multipurpose Field new amenities – Additional amenities including a scoreboard, field lights, and concession stand at the Multipurpose Fields; Councillor Logan voted YES; Council President Rodrigues, Vice President Welch, Councillor Flynn, Councillor Santos, Councillor Turano, and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
Agenda item #9 was acted on at this time.
Agenda item #8 was read into the recorded, immediately following agenda item #5. The item was acted on during the discussion/public hearing – agenda item #5.
8. Discussion of Master Plan at Linden Park, including Pickleball Courts.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said discussion.
Agenda item #9 was acted on after agenda item #7.
9. Memorandum of Council President, re: Discussion of projected School Department deficit.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
10. Memorandum of Town Administrator, re: School Department – Fiscal Issues Requiring Immediate Attention.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Council President Rodrigues explained the School Department may have a budget deficit between the previous and current years budgets which needs to be addressed.
School Superintendent Rosemarie Kraeger and School Committee Chair Theresa Spengler were present to answer Council questions.
Town Administrator Shawn Brown reviewed the memorandum above:
School Superintendent Rosemarie Kraeger noted the School Department takes the deficit very seriously, explaining there has been structural deficits in previous years budgets that were filled with surplus funds. The lack of funding from the state and town over the past years has created a budget shortfall explained School Superintendent Kraeger. Ms. Kraeger noted the school department is working to identify the total shortfall and will report back to the Town Council.
Discussion centered around cuts and reductions in staffing and programs the school department has made over the years, the school is in the process of hiring an accounting position for the School Business office, the school ran 3 educational programs last year- in person, partial distance and full distance learning due to the pandemic, the use of ESSA monies in the budget, the need for the School Department to formerly notify the Town Council of the budget deficit and the School Committee met in executive session to discuss the budget short fall.
School Committee Chair Theresa Spengler addressed the Council noting the school department has made the funding provided by the Town work for years, and a lot of cuts have been made to the school budget. Ms. Spengler explained the school has always had a clean audit and the Town Administrator and Finance Director were part of the budget shortfall conversation in Executive session.
Discussion centered around if executive session was appropriate for the budget deficit discussion, the school department is responsible for providing the school committee with monthly budget statements, the need for the school to identify reductions in the budget, revenue problem for the school department, Town Council liaisons on the School Committee, the School Department must formally notify the Town Council regarding a budget deficit, the current analysis of the school budget will be complete by the end of January 2022 and the school will report back to the town council at that time with a corrective action plan.
Councillor VonVillas noted the following:
Meeting of Middletown Town Council
Dec. 6, 2021
I have listened closely to everything that has been said but, for the most part, it has been based more on emotion than on actions. I think we have to step back and look at context.
First, let me say that I speak from 50 years of experience at all levels of education, but what I am going to say is based on 7 years of experience as a RI Superintendent of Schools.
First and foremost, the best leader is an experienced overseer – a person who can keep dozens of balloons in the air while each of them is demanding priority. To be able to do so without letting the air out or popping them is just short of miraculous.
As a frame of reference, the Town of Middletown is fortunate to have an administrator who is a CPA – a Certified Public Accountant – whose expertise is not limited to good management but includes understanding financial details.
On the other hand, the expertise of a Superintendent of Schools is in the field of education and managing educational resources, not financial resources.
A School Superintendent is an administrator who oversees multiple areas and is completely dependent on the information provided by the various and separate departments – the individual schools, the facilities department and, especially, the school department Business Office. If the quality of the information is accurate, the Superintendent can make reasonably good recommendations that can be transmitted to the governing body – the School Committee – which makes the final decisions.
Most importantly, decisions need to be based on accurate information.
Therefore, when the Superintendent makes a recommendation regarding an expenditure - based on information from the school department’s Business Office - the School Committee assumes that there are sufficient funds to cover the expenditure.
However, when the information is not accurate and the funding source is not secure, there will be a deficit.
We have heard a lot of talk about responsibility for the current deficit. mostly based on opinion. The following are the facts:
How is it then that the School Department finds itself 6 months later with a substantial deficit? The only possible answer is that it spent more money than it had. Therefore, the Town and School Department are faced with a challenging situation.
Nevertheless, we have to address how the situation might have been avoided:
In short, with adequate knowledge, the current situation might have been addressed in a more appropriate manner.
Nevertheless, we have to move forward. It does no good to point fingers of blame. The School Department will have to get its finances in order and address any internal issues that allowed expenditures from inadequate resources.
Finally, it would seem that there should be better communication from the School Department Business Office to the Superintendent to the School Committee as well as from the School Department to the Town Council.
Barbara A. VonVillas
Antone Viveiros, Middletown, addressed the Council noting the need to the merge the Town and School Finance Departments, as well as the Department of Public Works and School Facilities Department. Mr. Viveiros explained if this had been done when it was proposed, there would not be a budget problem.
11. Memorandum of Finance Director, thru Town Administrator, re: Audit Extension.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Items# 12 – #14 were not addressed at this meeting and were continued to the December 20, 2021, Regular Meeting.
12. Communication of Councillor Turano, re: Update on the progress of the Affordable Housing Committee.
13. Memorandum of Town Administrator, re: Change Order to FJS Associates Contract.
14. Resolution of the Council, re: Authorize the Town Administrator to execute a Change Order to FJS Associates Contract.
15. Memorandum of Town Administrator, re: Additional Drawings of Affordable Housing Plans.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Council President Rodrigues noted that the Oliphant School, Peckham School and Linden Park sites were toured by the Affordable Housing Committee. Mr. Rodrigues explained that state law mandates 10% of housing is required for affordable housing, Middletown has 5%. There are units being proposed on the Skater Island property and West House property.
Fank Spinella, FJS Associates, Middletown, addressed the Council noting he has been a consultant for the Town since 1993. Mr. Spinella explained he will review the Oliphant School, Peckham School and Linden Park sites and report back to the Affordable Housing Committee.
Discussion centered around the explanation of Oliphant School property with additional units, having the existing building on Oliphant School property and building an additional unit on the property, Skater Island may be building a total of 51 units for affordable housing, West House may be building additional 54 units for seniors only, the need to update the market study and a title search would be part of the exploration of the Oliphant School site.
16. Resolution of the Council, re: Authorize the Town Administrator to execute a change order to FJS Associates - Additional Drawings of Affordable Housing Plans.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 9:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 9:13 p.m.
Agenda item #6 was addressed at this time.
Items # 17 – #29 were not addressed at this meeting and were continued to the December 20, 2021, Regular Meeting.
17. Memorandum of Town Administrator, re: Update Market Study for Affordable Housing.
18. Resolution of the Council, re: Authorize the Town Administrator to execute a change order to FJS Associates - Update Market Study for Affordable Housing.
19. Memorandum of Town Administrator, re: Change Order for Mechanical Design of Senior Center.
20. Resolution of the Council, re: Authorize the Town Administrator to execute a change order to FJS Associates for Mechanical Design of Senior Center.
21. Memorandum of Town Administrator, re: Out of School Program.
22. Communication of Councillor Turano, re: Middletown Education Resolution.
23. Resollution of the Council, re: Prioritizing Quality Education for Middletown Students, Families and Residents.
24. Memorandum of Town Administrator, re: Request to Extend Public Sewer Line on Aquidneck Avenue.
25. Memorandum of Town Administrator, re: RIDOT Temporary Easements for Aquidneck Avenue Improvements (Green End Avenue to East Main Road).
26. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
27. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
28. Communication of Tax Assessor and Finance Director, re: Cancellation of Taxes for certain Middletown residents.
29. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 11:20 p.m.
________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri