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, January 4, 2021 at 5:30 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Terri Flynn
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, joined at 5:57 p.m.
Councillor Thomas P. Welch, III, Members Present
Members and Participants Present by Teleconference and Webinar/Meeting.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – December 28, 2020
REGULAR MEETING – JANUARY 4, 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 special meeting to be held on Monday, January 4, 2021; Executive Session 5:30 P.M.; Ethics Presentation 6:00 P.M.; Maidford River Restoration Project Update Immediately following Ethics Presentation; Regular Meeting Immediately following no earlier than 7:00 P.M. - Said meeting will be conducted by telephone conference call/ webinar, in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended to January 6, 2021, 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: 883 7494 7047; or on the web at https://us02web.zoom.us/j/88374947047.
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 one hour prior to the start of the meeting. 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), (1) Collective Bargaining (TEAMSTERS LOCAL 251).
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:33 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 5:59 p.m. (Councillor Santos was not present for the vote)
On motion of Vice President Rodrigues is was voted unanimously to appoint Vincent Regasta, Jr. as bargain successor negotiator for the TEAMSTERS LOCAL 251 contract. (Councillor Santos was not present for the 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. (Councillor Santos was not present for the vote)
Councillor Santos joined the meeting at 6:03 p.m.
2. Memorandum Council President Sylvia, re: Ethics Training & Awareness.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and begin said presentation.
Lynne M. Radiches, Staff Attorney/Education Coordinator for the Rhode Island Ethics Commission, presented a power point presentation regarding the Rhode Island Code of Ethics which is on file in the Office of the Town Clerk.
Councillor Flynn inquired if a Councillor recuses from an issue can they speak from the floor?
Lynne M. Radiches, Staff Attorney/Education Coordinator, responded to Councillor Flynn, noting the Public Forum Exception. Ms. Radiches explained this is a gray area.
Councillor Turano inquired when an issue arises in Town, how much of the Town would have to be affected to warrant an advisory opinion.
Lynne M. Radiches, Staff Attorney/Education Coordinator, responded to Councillor Turano noting a Class Exception, the matter must affect a group all in the same way.
3. Memorandum of Town Administrator, re: Maidford River Restoration Project Update.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and begin said presentation.
Elizabeth Scott, Scott Consulting, presented a power point presentation regarding the Maidford River Restoration Project, which is on file in the Office of the Town Clerk.
Town Engineer Warren Hall joined the meeting.
Discussion centered around the project being done in phases, the raising of Berkeley Avenue, relocation of a portion of the river bed, there is no change of the river alignment until the south end for approximately 1 or 2 feet, road raising can be done in the second phase of the project, costs of the project, everyone wanting cleaner water, looking for endorsement to proceed to the next step of the project, project permitting through the state, can the water in the area be slowed down by using the pond behind the rifle range and the east side of the old corn field, seeking alternative solutions for the area, looking for grant funding for the project, endorsement of the project by property owners, river area being rerouted will be filled in and testing of the water.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to act as a Board of License Commission
4. Application for Tito’s Cantina, Inc. dba Tito’s Cantina, 651 West Main Road, for Temporary Expansion of Outdoor Service of Alcohol.
On motion of Vice President Rodrigues, duly seconded, to grant the Temporary Expansion of Alcohol for outside service.
Discussion centered around that this is just a temporary expansion, due to covid, the area of service being close to a neighborhood, the abutters do not need to be notified of this request, if conditions should be applied to the temporary expansion of license, the applicant is not allowed to have amusement outside and the temporary request is reviewed by Town Staff.
Motion was amended by Vice President.
On motion of Vice President Rodrigues, duly seconded, to grant the Temporary Expansion of Alcohol for outside service contingent upon notification to abutters and a screen be placed between the business and the neighborhood.
A vote was taken at this time on the original motion.
On motion of Vice President Rodrigues, duly seconded, it was voted to grant the Temporary Expansion of Alcohol for outside service; Councillor Flynn and Councillor Welch voted NO to said motion.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene as a Town Council.
5. Communication of Kaity Ryan, Executive Director, Norman Bird Sanctuary, re: Appreciation for support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
6. Communication of Alyson C. Adkins, VP of Finance and Human Resources, Discover Newport, re: Consolidated Annual Audit report for years ended June 30, 2020 and 2019.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication and report.
7. Communication of Sean Raymond, P.E., Secretary, State of Rhode Island and Providence Plantations State Traffic Commission, re: Request from the Town of Middletown to install a crosswalk across Aquidneck Avenue in the vicinity of Newport Avenue in Middletown.
On motion of Vice President Rodrigues, duly seconded, to receive said communication.
Councillor Flynn inquired if the Planning Board was aware of this.
Council President Sylvia responded yes.
Town Administrator Shawn Brown noted this originated with residents in the area and the State Traffic Commission is reviewing the matter.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
8. Communication of Dennis E. Hoyle, CPA, Auditor General, State of Rhode Island, re: Extension for the Town of Middletown audited financial report and management letter.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
9. Email communication of Vice President Rodrigues, re: Civic Appropriation Middletown Youth Wrestling Club.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said email communication.
Vice President Rodrigues noted that the Wrestling Coach contacted him regarding the civic appropriation. Mr. Rodrigues explained wrestling will be taking place this year and they have not been able to fundraise for the club.
Carlo Dimen, 240 Oliphant Lane, Wrestling Coach addressed the Council explaining this is a non-profit organization serving Middletown, Newport, Portsmouth, Tiverton and Jamestown. Mr. Dimen noted he has been on weekly calls with Rhode Island Department of Health and the club has been shut down for nine months. Mr. Dimen explained the kids have been practicing, they are following RI Department of Health guidelines to keep everyone sate and there are no plans to travel for the team.
Discussion centered around rental fees to use Gaudet School for practice, the team may have to relocate to the Florence Gray Center in Newport, other communities do not give money to the club and the club has always been Middletown Wrestling even though other members from neighboring communities have joined.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize said Civic Appropriation in the amount of $8,000. to be appropriated from the Parks and Recreation Fund.
10. Memorandum of Finance Director, thru Town Administrator, re: RI Department of Administration fueling station agreement (NEW).
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
11. Resolution of the Council, re: RI Department of Administration Fueling Station agreement, authorizing the Finance Director to Execute.
On motion of Vice President Rodrigues, duly seconded, to pass said resolution.
Richard Bremlist, representing RIDOT, joined the session to answer Council inquires.
Discussion centered around Department of Public Works has weighed in on this agreement, the agreement is in case there is an issue with the Portsmouth tank, Middletown needing to take care of residents first, the fee of the lost key card being increased, what is the definition of storm, the state has 44 diesel vehicles and 8 gas vehicles which would be pumping if the Portsmouth station goes down, the vehicles would not divert to Middletown unless it is an emergency and concern with the wear and tear on Berkley Avenue with all the trucks.
On motion of Council President Sylvia, duly seconded, to table this item to a later meeting.
Discussion centered around the closure of certain state depots.
A vote was taken at this time.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to table this item to a later meeting.
12. Memorandum of Town Planner, thru Town Administrator, re: 2020 RIDEM Trails Grant Application.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
13. Resolution of the Council, re: Authorizing the Planning Department to prepare and submit the 2020 RIDEM Trails Grant Application.
On motion of Vice President Rodrigues, duly seconded, to pass said resolution.
Town Planner Ronald Wolanski reviewed the memorandum (item #12) above.
Discussion centered around the scope of the project can be reduced, where the matching funding for this application will be appropriated from, if the matching funds can be in-kind services, the project would come back to the Council prior to approve, the item can be withdrawn from the agenda, looking for ways to complete the project with a smaller budget and the application can be revised.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
14. Presentation of Town Administrator, re: Upcoming Beach Season.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to begin said presentation.
Town Administrator Shawn Brown presented a power point presentation regarding the 2021 Beach Operating Plan, which is on file in the Office of the Town Clerk.
Lawrence Frank, 8 O’Donnell Road, addressed the Council noting the following:
In 2017, the Federal Deposit Insurance Corporation, FDIC, published the “National Survey of Unbanked and Underbanked Households.” Underbanked means “that no one in the household had a checking or savings account”. In 2017 there were 8 million unbanked households, representing over 20 million people.
Underbanked means “that the household had an account at an insured institution, but also obtained products or services outside the banking system”. These outside services include money orders, check cashing, payday loans, rent to own services and pawn shop loans. In 2017, there were 24 million underbanked households representing over 64 million people.
Taken together, the unbanked and the underbanked adds up to more than 84 million people. That is 25% of the total US population.
The FDIC study concluded that “Unbanked and underbanked rates were higher among lower-income households, Black and Hispanic households...and households with volatile incomes”.
Families and individuals who are unbanked and lack credit use cash for their finances. Paying bills with money orders, paying cash when they shop, buy gas and eat out.
A new trend of retail businesses around the country is to run a cashless business. They do not accept cash, only credit and debit cards, and direct withdrawals. Customers have been turned away when they offer paper money for their purchases. To give you an idea of the mentality of these businesses, Tony Zazula, the owner of the now closed Commerce restaurant in New York stated “If you don't have a credit card, you can use your debit card. If you don't have a debit card, you probably don't have a checking account. And if you don't have a checking account, you probably shouldn't be eating” here. Refusing to take cash is discriminatory by design and racist in practice.
Refusing to take cash in illegal in Massachusetts. The 1978 law states that no retailer “shall discriminate against a cash buyer by requiring the use of credit”. Recent legislation preventing businesses from refusing cash has been introduced in New York City and New Jersey.
Number 14 on the January 4, 2021 Middletown Council docket is a presentation called the “Upcoming Beach Season” Page 9 of the presentation includes the following:
“Daily passes:•Will be sold at the main lot•Only credit/debit cards will be received via LAZ Parking mobile parking application”
According to HousingWorks RI, 2652 households in Middletown, or 39%, are cost burdened. (A household is considered burdened if it spends 30% or more of its income on housing costs.)
Families are paying so much in rent that they often have to choose what to do without, adequate nutrition and health care, among others. Many are two earner families working multiple jobs just to afford a place to live. It is more than likely that many of these households are unbanked or underbanked, do not have credit or debit cards, and use cash for their purchases. There has been a lot of talk about “ preserving the quality of life” in Middletown. Robert Sylvia has been most vocal about this. Yet the council has been presented with a proposal that would deny more than one third of its citizens the ability to visit the beach this summer. This promotion of economic stratification is unacceptable. It is part of a long term trend by the past councils to serve vested special interests at the expense of those least able to challenge the council's policies.
Will the town accept cash as payment for access to Middletown beaches?
The Council adjourned the meeting at this time, this item along with the following items were continued to a Special Meeting, Thursday, January 14, 2021.
15. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
16. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
17. Memorandum of Councillor Welch, re: Resignation from the Open Space and Fields Committee.
18. Appointment of Tree Warden for the 2021 calendar year.
19. Memorandum of Rosemarie K. Kraeger, Superintendent of Schools, re: Council participation on the Budget Subcommittee and Building Committee.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:23 p.m.
___________________________
Wendy J.W. Marshall, CMC
Council Clerk
This meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 847-0009 not less than 48 hours before the meeting.
Posted on December 28, 2020 at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site. Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-r