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, June 21, 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
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
All Council members were present, with the exception of Councillor Flynn who joined the meeting by zoom.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – JUNE 15, 2021
REGULAR MEETING – JUNE 21, 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, June 21, 2021 6:00 P.M. Executive Session; 7:00 P.M. Regular Meeting - 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 June 25, 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: 830 2650 8408; or on the web at
https://us02web.zoom.us/j/83026508408
If calling in by telephone pressing *9 raises your hand and pressing *6 will unmute.
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 both wmarshall@middletownri.com and 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. If a request is not filed, you will not be able to address the matter.
There were no reconsiderations.
PLEDGE OF ALLEGIANCE TO THE FLAG
RECONSIDERATION
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.
Councillor Flynn recused herself from acting on item #1 (4) Investigate Proceedings, due to a possible conflict of interest.
Council President Rodrigues recused himself from acting on item #1 (1) Personnel (Non-Classified Employees), due to a possible conflict of interest.
6:00 P.M. – EXECUTIVE SESSION
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) (Potential Litigation), (2) (Potential Litigation), (1) Collective Bargaining (Teamsters), (4) (Investigative Proceedings), (1) Personnel (Non-Classified Employees) and (1) Personnel (Fire Chief) - 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 6:02 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 7:10 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Town Administrator’s recommendation of James Peplau as Fire Chief; Councillor Santos voted NO to said motion.
Council President Rodrigues recused himself from acting on item #1 (1) Personnel (Non-Classified Employees due to a possible conflict of interest.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution, entered here:
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.
Council President Rodrigues noted that item #28 Rules of the Council will be moved to the end of the meeting.
PUBLIC FORUM
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 either dropped off a public participation request at Town Hall or emailed to both wmarshall@middletownri.com and kclancey@middletownri.com at least 30 minutes prior to the start of the meeting. All items discussed during this session will not be voted upon. (No longer than 15 Minutes total for the Public Forum)
No one spoke during this session.
Council President Rodrigues noted that the Rules of the Council will be moved to the end of the meeting.
ACTING AS A BOARD OF LICENSE COMMISSION
3. (Advertised for Public Hearing; Abutters Notified)
Application of Sprout and Lentil, LLC dba Sprout and Lentil, 796 Aquidneck Avenue, Unit 3, for a Class BL Liquor License for use at the same premises. (New)
Public Hearing was declared open.
Town Solicitor Peter B. Regan noted that the applicant has received a special use permit, explaining the applicant should state what she is seeking to clarify the outside service.
Carmen Foy, 28 Hall Avenue, Newport, applicant, explained there is approximately three to four seats inside. Ms. Foy is requesting seating outside on the sidewalk area in front of her establishment and in front of other establishments on the sidewalk. Ms. Foy noted she is also seeking service in the parking lot.
Discussion centered around seating capacity outside, the seating plan submitted by the applicant, the applicant’s approval from the zoning board of review and the applicant’s approval by the owner of the building for outside seating.
There being no other persons present, desiring to be heard public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license, with expanded seating on terrace contingent upon written approval of owners.
4. Application of Sprout and Lentil, LLC dba Sprout and Lentil, 796 Aquidneck Avenue, Unit 3, for Temporary Expansion of Outdoor Service of Alcohol.
On motion of Vice President Welch, duly seconded, to grant said license.
Discussion centered around that the applicant is not eligible to have seating in the parking lot under the Governor’s executive order because the executive order was issued to establishments that had a liquor and food license when the order was given and the Council does not have authority to issue the expansion.
A vote was taken
On motion of Vice President Welch, duly seconded, to grant said license; all Councillors voted NO to said motion; MOTION FAILED TO PASS.
5. (Advertised for Public Hearing; Abutters Notified)
Application of Cardinal Restaurant Corp. dba IHOP, 159 West Main Road, for a Class BL Liquor License for use at the same premises. (New) (Council received a copy of the abutter notification, due to the Town being an abutter to the property)
Public Hearing was declared open.
Christopher Behan, Esquire, 294 Valley Road, representing the applicant, addressed the Council noting that he would send the Council information regarding the franchise requesting all of the franchises to apply for service of alcohol.
There being no other person’s present, desiring to be heard public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
6. Applications eight (8) from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F Alcoholic Beverage Licenses (Beer and Wine) - (One Day Only License) for the same premises on the following dates:
Thursday, July 15, 2021 – 6:00 pm to 8:00 pm
Thursday, July 29, 2021 – 6:00 pm to 8:00 pm
Friday, July 30, 2021 – 7:00 pm to 9:00 pm
Thursday, August 12, 2021 – 6:00 pm to 8:00 pm
Friday, August 20, 2021 – 7:00 pm to 9:00 pm
Thursday, August 26, 2021 – 6:00 pm to 8:00 pm
Friday, September 24, 2021 – 7:00 pm to 9:00 pm
Saturday, October 2, 2021 – 4:00 pm to 7:00 pm
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said licenses.
7. Application of Mission LLC dba Mission, 58 Aquidneck Avenue, to Upgrade Alcoholic Beverage License from a Class BL to a Class BV. (Requires advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive application, advertise for public hearing.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Flynn requested that items #8 through #12 be heard under the regular portion of the agenda.
On motion of Vice President Welch, duly seconded, it was voted to continue items # 8 through #12 to the next regular meeting of the Council; Councillor Santos voted NO to said motion.
CONSENT
8. Approval of Minutes, re: Regular Meeting, April 19, 2021.
9. Approval of Minutes, re: Special Meeting, April 28, 2021.
10. Approval of Minutes, re: Regular Meeting, May 3, 2021.
11. Approval of Minutes, re: Special Meeting, May 8, 2021.
12. Approval of Minutes, re: Regular Meeting, May 17, 2021.
13. Communication of Steven J. Boyajian, Robinson+Cole, re: Docket SB-00-01-LNG Annual Report. (Council action to receive – the Letter is the Annual Report)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and annual report.
14. (Continued from the May 3, 2021, Regular Meeting for more information from the Planning Board; Continued from June 7, 2021)
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, is amended by adding Article 27B – Outdoor Lighting.
(Planning Board recommendation on file; additional information on file; There will be no discussion; awaiting further recommendation from Planning Board; item continued to July 6, 2021)
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue said item to the Regular meeting July 6, 2021.
15. Application of GameStop #5581, 288 East Main Road, for RENEWAL of a Holiday Sales License for the 2021-2022 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
16. Application of Jaeda Chabot, Enhanced Beauty Inc., 62 Wave Avenue, for RENEWAL of a Tattoo License for the 2021-2022 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
LICENSES
17. (Continued from the June 7, 2021, Regular Meeting)
Application of Pete’s Ice Cream, Portsmouth, RI for a Mobile Food Establish License for the 2021-2022 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, to grant said license.
Applicant Peter Kelly was present at the meeting to answer Council inquires. Mr. Kelly explained he has been peddling ice cream in the Town for 32 years and the kids look forward to seeing him. Mr. Kelly requests to the Council to amend the current ordinance to allow him to peddle his ice cream in the Town.
Discussion centered around that the ordinance would need to be amended to allow Ice Cream trucks to peddle ice cream in the town, allowing the applicant to peddle before the ordinance has had two readings would require an executive order from the Town Administrator and an update of the ordinance will be prepared by the Town Solicitor for the next meeting.
On motion of Councillor Flynn, duly seconded, to grant permission to do business while we amend the ordinance.
Councillor Flynn withdrew the above motion.
At vote was taken on the original motion.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
18. Application of KVG, LLC dba The Beach Bar, 59 Aquidneck Avenue, for an Amusement License for the 2021-2022 licensing year. (Acoustic, Duo/Trio, DJ, Karaoke, and Small Band) (NEW)
On motion of Vice President Welch, duly seconded, to grant said license.
Attorney Jeremiah Lynch, representing the applicant joined by zoom to answer Council inquiries. Mr. Lynch agreed that the entertainment would be inside and end at 11:00 pm.
Motion was amended:
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license, contingent upon all windows and doors being shut, no amplification, entertainment indoors and must cease by 11:00 pm.
19. Application for Special Event Permit from Craig Irving, Irving/Richards Wedding at St. George’s School, 372 Purgatory Road on Saturday, June 26, 2021 from 2:00 pm to 10:00 pm.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Councillor Flynn inquired if there will be a tent inspection, confirming the appropriate fees for the event and no fireworks at the event.
Craig Irving, 438 Purgatory Lane, applicant joined the meeting by zoom to answer Council inquires. Mr. Irving noted the reception ends at 10:00 pm, alcohol service ends at 9:30 pm, the catering staff will be gone by 11:00 pm and there will be no fireworks.
At vote was taken at this time.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
20. Application for Special Event Permit from Peabody’s Beach/Bradley Hierholzer, Hagerty July 4th Celebration Fireworks, Peabody’s Beach, Sunday, July 4, 2021 from 6:00 pm to 10:00 pm.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Councillor Flynn inquired if the Fire Department will be paid by the applicant.
Town Administrator Shawn Brown responded yes to the inquiry.
At vote was taken at this time.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
21. Application for Special Event Permit from Rhode Races & Events, Inc. for Newport Rhode Races (Marathon Road Race) to be held on Town roadways and Second Beach Parking Lot on Saturday, April 16, 2022 from 7:30 am to 1:30 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
22. Application for Special Event Permit from NewportFilm for NewportFilm Outdoors Documentary Film Screening “The Oxy King Pins” to be held on Thursday, July 15, 2021 from 6:00 pm to 10:00 pm at the Middletown High School Football Field.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Council President Rodrigues inquired if the School Department has reviewed this request.
Town Administrator Shawn Brown responded yes.
At vote was taken at this time.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit,
23. Application for Special Event Permit from the Newport County YMCA- Race 4 Chase Camp to be held at Second & Third Beach, beginning Monday, July 5, 2021 to Friday, August 13, 2021, Monday through Friday from 9:30 am to 11:30 am.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Council President Rodrigues noted these events have continued to expand and inquired about who keeps a schedule of all the events.
Town Administrator Shawn Brown noted that he will provide a schedule of events to the Council at a later date.
At vote was taken at this time.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
24. Application for Special Event Permit from Quahaug Chapter #48 for the Camp-A-Rama, to be held at Second Beach beginning Wednesday, September 15, 2021 through Sunday, September 19, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
ORDINANCE
25. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance of the Town Code Title IX, Chapter 94, entitled “Streets, Sidewalks and Public Places” is amended by adding a new subsection (A) to Section 94.99, entitled “Penalty.
On motion of Vice President Welch, duly seconded, to Adopt said Ordinance on its Second Reading.
Discussion centered around that no seniors or disabled residents have called regarding snow removal on the sidewalks, the Town Administrator and Town Solicitor will work on a program to allow someone to identify themselves to the Town that they are unable to clear their sidewalk, the amendment to the ordinance is to allow residents to pay by mail and not appear in Municipal Court, that the Town clears the state sidewalks and the property owners, whether a business or residents, are responsible to clear snow from the sidewalks in front of their property.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said Ordinance on its Second Reading.
OTHER COMMUNICATIONS
26. Email communication of Kevin Lendrum, Boys’ Basketball Coach, Middletown High School, re: Requesting support for the Summer Basketball League.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appropriate $600.00 from the Council President’s Discretionary Fund for the Middletown High School Basketball Summer League.
27. Memorandum of Robert J. Sylvia, re: Requesting an update on the status of the inquiry request, which was made by a resident on April 5, 2021, regarding property evaluation disparities since 2009 on property owned by Michael Flynn and Councillor Terri Flynn.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Robert J. Sylvia, 11 Algonquin Drive, read the following into the record.
Robert J. Sylvia
15 Algonquin Drive, Middletown, RI 02842
FROM: Robert J. Sylvia
DATE: June 21, 2021
TO: Council President Paul Rodrigues & members of the Town Council
SUBJECT: I respectfully request an update on the Status of the Inquiry request, which was made by a resident on April 5, 2021, regarding property evaluation disparities since 2009 on property owned by Michael Flynn and Councilor Terri Flynn.
President Paul Rodrigues & Members of the Middletown Town Council:
I believe that it is important for the Council to keep this complaint or tax review request transparent, to ensure that elected officials are held to an equal or even higher standard.
The resident clearly demonstrated obvious tax evaluation disparities going back to 2009, which could easily equate to thousands of dollars in taxable revenue savings for the Flynn’s. We’re now into June, and to my knowledge nothing has apparently been done, or openly vetted.
I would also, like to know if there was any council deliberation? and if so, why was it not transparent? for public review in open session to date. Councilor Terri Flynn and her husband Michael are not employees, so in-line with protocol, in my opinion and experience, there should have been no discussions on this matter conducted behind closed doors.
However, I do suspect that the council may have possibly discussed it in executive session, only because when I reviewed the council meetings, a matter was voted on in open session, to turn a complaint over to the Rhode Island State Police. This simple short motion did not identify what the complaint was, again raising questions. Rather this was the Flynn inquiry or not, the motion should have stated exactly what was being investigated. Again, only an assumption that this may have been the Councilor Flynn issue. I’m simply looking for clarification, on what actions have been taken or will be taken.
In my opinion, this is a potentially serious allegation, and every resident is entitled to know what has been or will be done to investigate this inquiry in an open transparent manner.
I would also like to know if any property value adjustments have been made to their property since April 1, 2021? Going back to 2009, If so, what was adjusted? what years were adjusted, who adjusted them? and who authorized the adjustments? did the Council certify any adjustments? and if so, when?
I have attached the original inquiry by Mr. Cunningham for easy reference.
Michael H. Cunningham
21 Allston Ave
Middletown RI 02842
4/5/2021
Middletown Town Council
Town Hall
Middletown RI 02842
Dear Town Council,
Through a usual review of property values in the neighborhood, and in particular those operating short-term rental properties I was shocked to find a huge disparity between the norms and averages of the neighborhood and Councilor Terri Flynn’s income property. Her property is unparalleled to any other property I found for its profoundly inaccurate and egregious tax assessment.
Ever since her home was purchased, despite it being significantly improved, both inside and out, the physical property value has steadily been going down, while all her neighbors have steadily been going up. The land value, like her neighbors is perfectly on par. However, the value of her building improvements is hundreds of thousands of dollars lower than her neighbor across the street who also owns a 3-family property and operates a short-term rental. This disparity also exists up and down the street between Mrs. Flynn’s value and her neighbors. Her property is the largest parcel on the street with a water view, an additional building and one of the largest buildings by SqFt on Warren ave., and yet her property is vastly undervalued. The chasm, to me, is irreconcilable.
Additionally, when I recently asked Mrs. Flynn about her assessment, she stated that the reason her property is valued so low and has remained largely unchanged (in fact it has plummeted in value) is that she is still not done fixing it up and that in the past she was over-valued. The fact is, that the house is largely finished, has been lived in for years with her family and is quite attractive inside and out. Why she leaves the window stickers on her replacement windows for years is beyond me, but it certainly does create the illusion, of a house under construction. A recent review of the building permits for the property show several old permits - mostly years old – and the building inspector considers the old permits, long closed. Most people’s houses are “not done” and yet they pay fair taxes on the current fair value while they work towards the future – more costly – fair value. One might wonder, is Mrs. Flynn also forgoing 90% of the value of her rental income while the house is “not done?”
I have attached a spreadsheet of data from the tax records of the town. The numbers speak for themselves. It is discouraging that while Mrs. Flynn speaks and attends meetings on tax reform and tax pain endured by lifelong and long-term residents, purporting to feel their pain, she is not only not in the same boat, but has found what seems to be an entirely different ocean to sail upon.
What follows is a few summary facts that would only confuse anyone familiar with tax assessment in Middletown.
Councilor Flynn purchased her 6-bedroom home in 2009 for $446,000 along with the two 1-bedroom units in the detached building. But ever since then, while her neighbors’ value has gone up, Mrs. Flynn’s property has ended far below her all her neighbors. Her taxes somehow decreased 13% two years later in 2011. Then remained the same until 2015 when they increased only 7.3%. A large increase in 2016 of 39% occurred, *along with most other residents in the area*, (AND after she constructed a large steel-beamed addition including an elevator) but then in 2018, again, when others in the area were going up (AND after her large addition), Mrs. Flynn’s taxes went down again 21% and the net value has remained unchanged since. So, it is confusing how a property that she paid $446,000 in 2009, 11 years ago, can now only be assessed $3,000 more, at $449,300 considering the improvements made to the property and the escalation of the land value in the area by well over 100% (just like all others). How can her newly renovated 2355 square foot house (including $49,000 elevator), with a 960 square foot rental building now only be worth $51,000? Even the depreciated value is listed as $424,000 – 1467% below its listed improvements value of $51,000!
Before presenting this information to the Council, I contacted the Tax Assessor. He informed me that Mrs. Flynn’s tax account had a “hold” on it. Meaning, that in the past when she had disputed the value of the property, it is assumed Vision Appraisals placed a hold on it and it has sat in place since. The tax Assessor said he would speak to Vision about the property.
Even with that fact, I do not understand why or how this happened or was able to continue. I do not understand how Mrs. Flynn’s assessment – even without the “hold” situation could be such as it is. As an elected official of the town, Mrs. Flynn should be above reproach in all town matters – not the least of which is taxes. I am not suggestion Mrs. Flynn has done anything wrong. I am not suggestion anything at all in fact, I am asking questions. However regardless of what system, or loophole, or method she may have employed, or apparently might have allowed to be employed, to achieve these results, it is not fair, and not regular and warrants a detailed analysis of her dealings leading to such a skewed situation. The taxpayers of Middletown deserve answers – especially her neighbors, and those closest to her on Warren Ave who are and have been paying their fair share.
I ask the council to initiate a thorough review of the tax and real estate transactions of Councilor Flynn, including communications, officially and unofficially, she has had with the zoning office, building inspector, and tax assessor to determine the clear history and reasoning behind each assessment since she purchased the property in 2009. This should include a caparison to land and improvement assessments for the other properties on Warren Ave along with nearby and abutting and adjacent residential, multifamily, and income properties on Briarwood and Aquidneck Ave with a similar size, nature, condition, and use.
Sincerely,
Michael Cunningham
PS, in fairness, I also reviewed the property records of all other sitting councilors and did not find anything atypical.
Town Solicitor Peter B. Regan reviewed the matter noting it is an ongoing investigation, explaining it is appropriate to answer inquires.
Lawrence Frank, 8 O’Donnell Road, read the following into the record:
It should come of no surprise that Robert Sylvia was the author of docket item number 27. His hostility towards Councilwoman Terri Flynn is well known. His letter to the council all but accuses Terri and Michael Flynn of criminal behavior. Sylvia has engaged in defamatory language couched in the pretense of just requesting information.
And why am I not surprised that Paul Rodrigues, Sylvia's faithful sidekick, felt free to include this item in tonight's agenda. Acting in concert they have presented the council with something unrelated to the town's important issues.
Mr Rodrigues, you were given the opportunity to remove this item from the agenda. You did not, indicating that its presence was not a minor mistake but intentional. And as such you must bear shared responsibility with Mr Sylvia, and perhaps others, for its contents and tone.
I would suggest the the Flynn's pursue a civil action against Mr Sylvia, Mr Rodrigues, and any others involved. There should be a full accounting, including sworn depositions, digging down into the rot that has become part of this council's behavior for a number of years.
Council President Rodrigues, responding to Mr. Frank, noted Mr. Frank has taken shots at the Council and the Town Council is following the advice from the Town Solicitor. Council President Rodrigues noted the Council always try to do the right thing for the Town and treat people fairly. Mr. Rodrigues explained the negativity needs to stop.
Robert J. Sylvia, 11 Algonquin Drive, responding to Mr. Frank, explained when he was President of the Council, he would always allow Mr. Frank’s negative items to be placed on the docket.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 8:27 pm.
On motion of Vice President Welch, duly seconded, it reconvene this meeting at 8:38 pm.
Item #28 was addressed after item #44.
TOWN COUNCIL
28. Memorandum of Town Solicitor, re: Review of Proposed Changes to the Rules of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
MEMORANDUM
FROM: Peter Brent Regan, Town Solicitor TO: Middletown Town Council
CC: Town Administrator, Shawn Brown
RE: Review of Proposed Changes to the Rules of the Council Date: June 1, 2021
As requested, we have reviewed the Rules of the Council. The review was split into two sections. The first was a review of the proposed substantive changes to specific rules made by various members of the Council. The second was a review of the Rules for grammatical, i.e., nonquotative revisions.
With regard to the proposed substantive revisions, we have included the current version of the rule as it is currently written, except where an entirely new rule that has been proposed. The proposed change or proposed new rule is then presented, followed by a recommendation on whether to adopt the proposal, along with the rationale for that recommendation. Changes between the current and proposed rules are reflected by striking through text that has been removed, and by underlying text to be added.
With regard to the grammatical revisions, we have followed the same format, but without a written explanation of the rationale for the changes, as they as self-evident.
PROPOSED SUBSTANTIVE CHANGES TO THE RULES
1. Current Rule 2
If there is no quorum, the members of the Council present may adjourn from time to time and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by rule of the Council.
Proposed Rule 2
Eliminate Rule entirely.
Recommendation and Rationale
It is recommended that Rule 2 not be removed. The purpose of the rule is to permit less than a quorum of council members to compel absent council members to attend meetings.
Otherwise, a minority majority of the counsel could stifle actions by the counsel simply by failing to attend.
Council discussion was to change the word “adjourn” to retire.
2. Current Rule 5
Upon its final passage each ordinance or resolution shall be authenticated by the signature of the Town Clerk and shall be recorded in a book kept for that purpose. Within seven
(7) days after final passage, each ordinance shall be published at least once in such a manner as the Council may prescribe by ordinance.
Proposed Rule 5
Upon its final passage each ordinance or resolution shall be authenticated by the signature of the Town Clerk and shall be recorded in a book kept for that purpose. Within seven (7) days after final passage, each ordinance shall be published at least once in such a manner as the Council may prescribe by ordinance.
Recommendation and Rationale
It is recommended that Rule 5 remain as is, as it complies with RIGL § 45-6-7, which requires that “[a]ll ordinances, bylaws and regulations shall be printed and published in any manner that the town or city council directs…”.
On motion of Councillor Flynn, duly seconded, it was voted to amend rule 5 to read “Upon its final passage each ordinance or resolution shall be authenticated by the signature of the Town Clerk and shall be published and recorded in a book kept for that purpose.; Council President Rodrigues, Vice President Welch, Councillor Logan, Councillor Santos and Councillor VonVillas voted NO to said motion; Councillor Flynn and Councillor Turano voted YES to said motion; MOTION FAILED TO PASS.
Rule 5 remains unchanged.
3. Current Rule 7
Council President and Vice President are elected by the members of the Town Council, pursuant to the Charter. It is the majority of peers not necessarily the top vote getter. Upon the election of the President, he/she shall call for the election by the Council of a Vice President.
Proposed Rule 7
Council President and Vice President are elected by the members of the Town Council, pursuant to the Charter. It is the majority of peers not necessarily the top vote getter. Upon the election of the President, he/she shall call for the election by the Council of a Vice President. All nominees (for president and vice president respectively) will be heard and listed. Ensuing discussion is open to all nominees. Voting will be by written ballot.
Recommendation and Rationale
Because the Town Charter and the Rules of the Council do not prescribe a specific method for the nomination and election of officers, the method for doing so is within the discretion of the Council. The Council has traditionally called for nominations form the floor, after which, nominations are voted on in the order in which they were made. While there are various methods of making nominations and holding elections, “not all of these methods are appropriate or desirable…”. Robert’s Rules of Order § 4, page 288 (11th ed. 2011). While it is not entirely clear, it appears that one of the intents of the proposed change is to allow a vote for all nominees at the same time. That is not recommended, as it increases the likelihood that no candidate obtains the majority necessary to win election. In addition, voting by written ballot may be problematic under the Open Meetings Act and under RIGL § 42-46-7(a)(3), which requires that the vote of each member be recorded. There is certainly no problem with a rule that would ensure discussion of the merits of all nominees. As a result, the rule could be revised as follows:
“Council President and Vice President are elected by the members of the Town Council, pursuant to the Charter. It is the majority of peers not necessarily the top vote getter. Upon the election of the President, he/she shall call for the election by the Council of a Vice President.
Following the close of nominations, there shall be an opportunity to discuss the merits of all nominees.”
On motion of Vice President Welch, duly seconded, it was voted unanimously to leave the current Rule 7 the same.
4. Current Rule 10
Every member of the Council present must vote on any question coming before it. No member may vote on any issue in which said member has a personal interest or conflict said member shall step down from the Council dais until said item is finished.
Proposed Rule 10
Every member of the Council present must vote on any question coming before it. A member may abstain from voting; however, provided that said member publicly states the reason for so doing. No member may vote on any issue in which said member has a personal interest or conflict said member shall step down from the Council dais until said item is finished.
Recommendation and Rationale
The substance of Rule 10 is within the discretion of the Council. However, the rationale stated for the proposed change is incorrect. An abstention is not a vote. See Robert’s Rules of Order § 4, page 45 (11th ed. 2011) (“To ‘abstain’ means not to vote at all[.]”). Additionally, the final sentence of the Rule 10 as currently written does not permit abstentions. Rather, it permits recusal in cases of conflict of interest, consistent with the Code of Ethics.
Town Solicitor Peter B. Regan reviewed Rule 10.
Councillor Flynn reviewed the following slide:
Enter Rule 10 Slide
On motion of Councillor Flynn, duly seconded, it was voted unanimously to return Rule 10 to prior verbiage; “Every member of the Council present must vote on any question coming before it. A member may abstain from voting; however, provided that said member publicly states the reason for so doing. No member may vote on any issue in which said member has a personal interest or conflict said member shall step down from the Council dais until said item is finished.”
5. Current Rule 12
The President shall propound all questions in the order in which they are moved.
Proposed Rule 12
The President shall propound all questions put forward all motions in the order in which they are moved.
Recommendation and Rationale
It is recommended that Rule 12 be altered as follows:
“The President shall place all motions on the floor for debate in the order in which they are moved.”
The term “put forward” should not be used as suggested, as it invokes “putting the question”, which means to end debate and put the question to a vote. Robert’s Rules of Order § 4, page 44 (11th ed. 2011). Rule 12, however, is intended to act as the first step toward eventually voting on a motion, by prescribing the order in which motions will make it to the floor.
Council agrees with Town Solicitor recommendation.
6. Current Rule 16
When a motion is made and seconded, it shall be stated by the Chairperson, or being in writing, shall be handed to the Chairperson and read before debate. Any motion shall be reduced to writing before debate, whenever the President or any member shall so request.
Proposed Rule 16
When a motion is made and seconded, it shall be stated by the Chairperson President, or being in writing, shall be handed to the Chairperson President, and read before debate. Any motion shall be reduced to writing before debate, whenever the President or any member shall so request.
Recommendation and Rationale
It is recommended that proposed revision to Rule 16 be accepted. The Rules sometimes use the term “President” and other times, use the term “Chairperson”. For consistency’s sake, we recommend that the references to “Chairperson” be changed to “President”.
Council agrees with Town Solicitor recommendation.
7. Current Rule 18
Any resolution of more than one part or section may be passed upon section by section at the request of any member.
Proposed Rule 18
Any resolution or motion of more than one part or section may be passed upon section by section at the request of any member.
Recommendation and Rationale
We do not recommend changing the rule as proposed; rather, we suggest following the approach taken under Robert’s Rules, which provides that multiple resolutions within a single motion related to the same subject may be voted on separately, but only if each part is “capable of standing as a complete proposition.” Robert’s Rules of Order § 27, page 270 (11th ed. 2011). It further provides that in such case, a motion for division of question must be made and passed by a majority vote. However, if the motion’s parts or sections are independent of each other and relate to different subjects, any Member can require the motion be voted upon in sections. Id. at
§ page 274.
Based on the foregoing, the Rule could be revised as follows:
“Upon a motion to divide the question approved by the majority of the Members, multiple parts within a motion related to the same subject may be voted on separately, but only if each part is capable of standing as a complete proposition. Multiple parts within a single motion may be voted upon separately at the request of any member, provided that the motion’s resolutions are independent of each other and relate to different subjects.”
Councillor Flynn requested rule 18 be returned to the Town Solicitor to be revised in layman’s terms.
On motion of Vice President Welch, duly seconded, it was voted to have Rule 18 read “Upon a motion to divide the question approved by the majority of the Members, multiple parts within a motion related to the same subject may be voted on separately, but only if each part is capable of standing as a complete proposition. Multiple parts within a single motion may be voted upon separately at the request of any member, provided that the motion’s resolutions are independent of each other and relate to different subjects.”; Councillor Flynn voted NO to said motion.
8. Current Rule 19
No motion or proposition of the subject different from that under consideration shall be admitted under color of amendment.
Proposed Rule 19
No motion or proposition of the subject different from that under consideration shall be admitted under color of amendment by law.
Recommendation and Rationale
It is recommended that Rule 19 remain as is, as the phrase “under color of amendment” has a longstanding meaning. The phrase means that no amendment to a motion may be made on a topic that is not germane or relevant to the original motion or proposition. Essentially, the rule as written prevents a backdoor attempt to pass provisions entirely unrelated to the resolution or motion at hand, under the guise of an amendment.
Discussion centered around the definition of color of amendment. The Town Solicitor will amend Rule 19 to read as follows:
No motion or proposition of the subject different from that under consideration shall be admitted under color of amendment, meaning that no amendment to a motion may be made on a topic that is not germane or relevant to the original motion or proposition.
9. Current Rule 22
After a roll call has been ordered there shall be no debate whatever, but a member may explain his/her vote.
Proposed Rule 22
After a roll call to vote has been ordered there shall be no debate whatever but a member may explain his/her vote.
Recommendation and Rationale
It is recommended that Rule 22 remain as is. The current rule allows a member to explain their vote the during a “roll call” vote, which is a vote in which each Member’s name is called in order, after which, they state their vote. However, this mechanism would be clumsy if a voice vote is called, in which the members are asked to vote in the affirmative or the negative at the same time. It should also be noted that the members will have had the opportunity to discuss the proposed motion before the vote is taken. Within that context, providing opportunity for further discussion seems unnecessary.
Discussion centered around roll call vote. The Solicitor will amend Rule 22 to read as follows:
After a roll call vote has been ordered there shall be no debate whatever, but a member may explain his/her vote.
10. Current Rule 24
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 Council Clerk or Deputy Town Clerk stating the matter upon which he/she desires to speak. The Council President may move that said person be permitted to address the Council for a period not exceeding five minutes and this motion shall be put to the Council without requiring a second.
Proposed Rule 24
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 Council Clerk Town Clerk or Deputy Town Clerk stating the matter upon which he/she desires to speak. The Council President may move that said person be permitted to address the Council for a period not exceeding five minutes and this motion shall be put to the Council without requiring a second.
Recommendation and Rationale
It is recommended that proposed revision to Rule 24 be adopted, as there is no reference to a “Council Clerk” in the either the Charter of the Code of Ordinances. We therefore recommend changing all references to “Council Clerk” to “Town Clerk.”
Council agrees with Town Solicitor recommendation.
11. Current Rule 25
There shall be a Public Forum period at the beginning of each meeting to allow citizens to address issues related to substantive Town business, said issues not included or discussed during the regular Council agenda. No comments regarding personnel or job performance are allowed. The entire Public Forum period shall be no longer than fifteen minutes and citizens may address the Council on one subject only and for no longer than five minutes. Citizens shall complete a written request to speak, noting the subject to be addressed during the public forum, and submit that form to the Council Clerk, prior to the start of the meeting. Citizens who wish to speak during the public forum, must be present, to fill out the public participation form in person. The form may only be submitted to the Council Clerk, 30 minutes prior to the meeting.
Proposed Rule 25 (First Proposal)
There shall be a Public Forum period at the beginning of each meeting to allow citizens to address issues related to substantive Town business, said issues not included or discussed during the regular Council agenda. No comments regarding personnel or job performance are allowed. The entire Public Forum period shall be no longer than fifteen minutes and citizens may address the Council on one subject only and for no longer than five minutes. Citizens shall complete a written request to speak, noting the subject to be addressed during the public forum, and submit that form to the Council Clerk Town Clerk, prior to the start of the meeting. Citizens who wish to speak during the public forum, must be present, to fill out the public participation form in person. The form may only be submitted to the Council Clerk Town Clerk, 30 minutes prior to the meeting.
Proposed Rule 25 (Second Proposal)
There shall be a Public Forum period at the beginning of each meeting to allow citizens to address issues related to substantive Town business, said issues not included or discussed during the regular Council agenda. No comments regarding personnel or job performance are allowed. The entire Public Forum period shall be no longer than fifteen minutes and Citizens may address the Council on one subject only and for no longer than five minutes. Citizens shall complete a written request to speak, noting the subject to be addressed during the public forum, and submit that form to the Council Clerk, prior to the start of the meeting. Citizens who wish to speak during the public forum, must be present, to fill out the public participation form in person. The form may only be submitted to the Council Clerk, 30 minutes prior to the meeting. Citizens may drop off a public participation form request at Town Hall or email their request to both wmarshall@middletownri.com and Kclancey@middletwonri.com at least 30 minutes prior to the start of the meeting. All items discussed during this session will not be voted upon.
Recommendation and Rationale
We recommend that the first proposed revision to Rule 25 be adopted for the same reasons that apply to Rule 24.
With regard to the second proposal, the length of the Public Forum is within the discretion of the Town Council, as there is no specific length prescribed in the Open Meetings Act, or no requirement that the Council include a public forum on its agenda. However, if there is an issue of significant public interest on which many residents wish to speak, it may be a better course to make that issue a docket item at the next meeting, as items discussed at the public forum may not be voted upon. Also, placing the issue on a publicly noticed agenda may elicit further public comment from residents unaware of the public forum discussion. Lastly, allowing public forum requests to be filed via email is also at the discretion of the Council and is consistent with the procedure that has been followed during the pandemic.
Council agrees that Rule 25 remain as is.
12. Current Rule 29
Regular meetings of the Council shall be held on 1st and 3rd Mondays of each month at 7:00 P.M. or at such other hour as the Council may designate, and if any such date shall occur on a legal holiday, the meeting for that week shall be held on the day following, or on such date as the Council may determine at the Previous meeting. Requests for Special Meetings shall be filed with the Town Clerk.
Proposed Rule 29
Regular meetings of the Council shall be held on 1st and 3rd Mondays of each month at 7:00 P.M. or at such other hour as the Council may designate, and if any such date shall occur on a legal holiday, the meeting for that week shall be held on the day following, or on such date as the Council may determine at the Previous meeting. Requests for Special Meetings shall be filed with the Town Clerk. Prior to the scheduling of a special meeting, all councilors will be polled to determine the date/time which allows for the highest attendance.
Recommendation and Rationale
This proposed change is a policy matter within the Council’s discretion. There is no legal or procedural problems presented by the addition of the new sentence.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to adopt proposed Rule 29 “Regular meetings of the Council shall be held on 1st and 3rd Mondays of each month at 7:00 P.M. or at such other hour as the Council may designate, and if any such date shall occur on a legal holiday, the meeting for that week shall be held on the day following, or on such date as the Council may determine at the Previous meeting. Requests for Special Meetings shall be filed with the Town Clerk. Prior to the scheduling of a special meeting, all councilors will be polled to determine the date/time which allows for the highest attendance.”
13. Current Rule 30
All items of business for the Council docket shall be filed with the Council clerk not later than 12:00 P.M. on Tuesday prior to the following Monday meeting of the Council. All items so submitted shall be specific in nature, setting forth in at least one (1) paragraph the exact topic to be considered. The Council Clerk will review each item to determine its acceptability and will consult, if necessary, with the Council President concerning the same.
Proposed Rule 30
All items of business for the Council docket shall be filed with the Council clerk not later than 12:00 P.M. on Tuesday prior to the following Monday meeting of the Council. All items so submitted shall be specific in nature, setting forth in at least one (1) paragraph the exact topic to be considered. Requests should also provide a brief history (if applicable) including facts, dates, expenditures, etc. of the item to be carried forward and included in the agenda description. The Council Clerk will review each item to determine its acceptability and will consult, if necessary, with the Council President concerning the same.
Recommendation and Rationale
This proposed change is within the discretion of the Council, as it seeks to provide the Members and the public with additional information about agenda items. However, using the term “carried forward” is not recommended, because its meaning could be confusing. Also, it is not recommended that the brief history be required be included in the agenda description in every instance. In some cases, adding a paragraph to each agenda item could make the agenda unwieldy.
If the Council so desires, Rule 30 could be revised as follows:
All items of business for the Council docket shall be filed with the Council clerk not later than 12:00 P.M. on Tuesday prior to the following Monday meeting of the Council. All items so submitted shall be specific in nature, setting forth in at least one (1) paragraph the exact topic to be considered. If applicable, requests should also provide a brief history including facts, dates, expenditures, etc. of the item to be discussed. The Council Clerk will review each item to determine its acceptability and will consult, if necessary, with the Council President concerning the same.
On motion of Vice President Welch, duly seconded, it was voted unanimously for Rule 30 to read “All items of business for the Council docket shall be filed with the Council clerk not later than 12:00 P.M. on Tuesday prior to the following Monday meeting of the Council. All items so submitted shall be specific in nature, setting forth in at least one (1) paragraph the exact topic to be considered. If applicable, requests should also provide a brief history including facts, dates, expenditures, etc. of the item to be discussed. The Council Clerk will review each item to determine its acceptability and will consult, if necessary, with the Council President concerning the same”.
14. Current Rule 33
The Council collectively interview applicants wishing to be appointed to the Zoning and Planning Boards; Council may waive the requirement for reappointments; all new applicants shall be interviewed prior to appointment.
Proposed Rule 33
The Council collectively interview applicants wishing to be appointed to the Zoning and Planning Boards; Council may waive the requirement for reappointments; all new applicants
shall be interviewed prior to appointment. Candidates may not have any real estate or construction business affiliation.
Recommendation and Rationale
It is recommended that Rule 33 remain as is. The suggested addition is problematic, as the term “real estate or construction business affiliation” is very broad; and, (2) it presumes that persons with such affiliations would be biased, while allowing candidates with other affiliations, and potential biases, to serve. This raises Equal Protection concerns. In addition, it could prevent residents with relevant backgrounds and experience from serving the Town. Lastly, all board members are already required to comply the Code of Ethics and to recuse from participating in matters in which they, their family members or business associates have a financial interest.
Council agrees with Town Solicitor recommendation.
15. Current Rule 34
No materials, files, documents or notes taken by councilors during Executive Session be removed or taken out of Executive Session, no laptops, cell phones turned off; If a Councillor wants to review their Executive Session file, documents or notes taken by that councilor, he/she should make an appointment with the Town Clerk and request a time to review their Executive Session File. The Clerk will review the file noting all materials in the file before turning it over to the Councillor, the file is to inspected by the Clerk prior to the Councillor leaving, no cell phones or laptops at the time of reviewing the files; Councillors reviewing the files will be given a private space to review the Executive session file. The Councillor may not bring any materials including a notebook, pen or pencil, cell phone or any other recording device into the space while reviewing the Executive Session file; upon completion of reviewing the file the Clerk will review the file prior to the Councillor leaving to insure all materials are intact and in the file, no laptops. During Executive Session the Town Council, Town Solicitor, Town Administrator and Town Clerk shall be present, if others, including Department Heads need to be present during a discussion, they will be invited in only during the portion of the Executive Session, that pertains to them.
On motion of Councillor Santos, duly seconded, it was voted to leave Rule 34 as it stands; Councillor Flynn and Councillor Turano voted NO to said motion.
Proposed Rule 34
Eliminate Rule entirely.
Recommendation and Rationale
Although this is a policy question within the discretion of the Council, the current Rule 34 serves the purpose of maintaining the confidentiality of what occurs in Executive Session. As a result, we do not recommend that the Rule be eliminated in its entirely as proposed.
16. Current Exhibit A Paragraph 4
The Chairperson is charged with preserving order and decorum and, in the event a member or anyone appearing before the Council engages in behavior contrary to these policies and goals, the Chairperson, or any Councillor, shall call attention to the offending behavior, request that it be stopped immediately and continue on with proper discussion by strict adherence to these rules.
Proposed Exhibit A Paragraph 4
The Chairperson President is charged with preserving order and decorum and, in the event a member or anyone appearing before the Council engages in behavior contrary to these policies and goals, the Chairperson President, or any Councillor, shall call attention to the offending behavior, request that it be stopped immediately and continue on with proper discussion by strict adherence to these rules.
Recommendation and Rationale
For the sake of the consistency of the terms used throughout the Rules, it is recommended that the proposed revisions to Exhibit A, paragraph 4, be accepted.
There was no Council discussion.
17. Current Exhibit C/third “RESOLVED” from the top
RESOLVED: That there shall be no debate or discussion by any member of the Council regarding any item on the Consent Calendar beyond asking questions for simple clarification.
Proposed Exhib it C/third “RESOLVE D” from the top Eliminate this sentence from Exhibit C.
Recommendation and Rationale
It is recommended that Exhibit C remain as is. This provision is important, because it allows Members to ask for clarification about items on the Consent Calendar, without pulling them off the calendar. Once the clarification is provided, the Member may still request that the matter be pulled and reviewed individually. However, requiring a matter to pulled from the consent calendar before there can be any discussion, including a simple point of clarification, could unnecessarily prolong the meetings and defeat the purpose for having the Consent Calendar in the first place.
There was no Council discussion.
18. Proposed CONCEPT Rule
Council members shall bring ideas, proposals, or questions first to the Council, to request Council’s interest in the issue for further pursuit, which may include determining what town resources would be required for additional information desired, followed by a vote whether or not to move forward with that investment.
Recommendation and Rationale
We do not recommend adoption of this proposed rule, as it could stifle the free flow of ideas if Members were prohibited from conducting inquiries, collecting data or “fleshing out” their ideas or proposals before presenting them to the Council. The point at which a proposal or idea is ready for discussion should be decided by the Member presenting the idea, not a by a Rule of the Council.
On motion of Vice President Welch, duly seconded, it was voted to adopt proposed Concept Rule #18 on page 10; Councillor Flynn voted YES; All other Councillors voted NO; MOTION FAILED TO PASS.
19. Proposed CONSENSUS Rule
The Council President shall ask for discussion on each agenda item at the appropriate time; no action shall be taken on Council discussion alone, all decisions, of the whole council shall be verified with a vote of the whole council.
Recommendation and Rationale
We do not recommend adoption of this proposed rule. Not every agenda item calls for discussion. For example, some items are simply referred. Additionally, not all actions of the Council require a vote. Moreover, if every discussion or direction of the counsel requires a vote, it could hinder the utility of the Executive Session, by requiring everything discussed therein to be repeated by a vote held in public.
On motion of Vice President Welch, to adopt proposed Consensus Rule – There was no second to this motion.
20. Proposed NOTIFICATION Rule
Town Clerk shall email public notices of the Town, with the exception of court notices, to the Council, including but not limited to Volunteer Vacancies, Public Hearing Notices, etc.; and the same shall also be posted on the Town website Home Page.
Recommendation and Rationale
This proposed rule is a policy matter within the discretion of the Council. However, it should be noted Members currently have the opportunity to receive such information upon request.
Discussion centered around that the Town Administrator will discuss this with the Town Clerk.
21. Proposed MEDIA Rule
If any counselor writes into the paper or posts on social media individually, it shall be signed with their name followed by “Town Council Member.” If the Council by unanimous vote agrees on a statement or a position in the media, it shall be signed by the Council President or other Councilor as agreed, and indicate “by a unanimous vote.”
Recommendation and Rationale
We do not recommend adoption of this proposed rule, as it likely violates the First Amendment. Moreover, the provision related to unanimity is problematic, as unanimity is not required to reflect the Council’s position; rather, a majority of a quorum is all that is required.
Discussion centered around freedom of speech.
PROPOSED GRAMMATICAL REVISIONS
Proposed grammatical revisions and corrections of and spelling errors in the current Rules of the Council are presented below. Deletions are struck through and additions/corrections are underlined and in bold text.
1. Current Rule 10
Every member of the Council present must vote on any question combing before it. No member may vote on any issue in which said member has a personal interest or conflict said member shall step down from the Council dais until said item is finished.
Grammatical Changes
Every member of the Council present must vote on any question combing before it. No member may vote on any issue in which said member has a personal interest or conflict, and said member shall step down from the Council dais until said item is finished.
2. Current Rule 3.
Standards for Professional Conduct for Council Members, as set forth in exhibit A.
Grammatical Changes
Standards for Professional Conduct for Council Members, as are set forth in exhibit A.
3. Current Rule 4.
Civility and Mutual Respect standards for the conduct of Business in the Town of Middletown, as set forth in exhibit B.
Grammatical Changes
Civility and Mutual Respect standards for the conduct of Business in the Town of Middletown, as are set forth in exhibit B.
4. Current Rule 17
A question that is susceptible of division shall at the request of any member be divided and put separately upon the propositions of which it is compounded, but a motion to strike out and substitute shall not be divided.
Grammatical Changes
A question that is susceptible of division shall, at the request of any member, be divided and put separately upon the propositions of which it is compounded, but a motion to strike out and substitute shall not be divided.
5. Current Rule 26
Consent Calendar as set forth by resolution, exhibit C.
Grammatical Changes
Special provisions related to the Consent Calendar are as set forth by the resolution
attached hereto as exhibit C.
6. Current Rule 27
There may be Town Business Update Section on the Town Council docket, the Town Administrator will review a list of outstanding projects (Project list will be provided to the Town Administrator by the Town Council, one week prior to the closing of an agenda), giving a quick update on the status of each project; Town Business Update section limited to 15 minutes total; if a Town Council member would like more detail on any project or topic, that Council member must submit an agenda item to be placed upon the Town Council portion of a future agenda.
Grammatical Changes
There may be a Town Business Update Section on the Town Council docket., tThe Town Administrator will review a list of outstanding projects (Pproject list will be provided to the Town Administrator by the Town Council, one week prior to the closing of an agenda), giving a quick update on the status of each project.; The Town Business Update section is limited to 15 minutes total; if a Town Council member would like more detail on any project or topic, that Council member must submit an agenda item to be placed upon the Town Council portion of a future agenda.
7. Current Rule 30
All items of business for the Council docket shall be filed with the Council Clerk not later than 12:00 P.M. on Tuesday prior to the following Monday meeting of the Council. All items so submitted shall be specific in nature, setting forth in at least one (1) paragraph the exact topic to be considered. The council Clerk will review each item to determine its acceptability and will consult,if necessary, with the Council President concerning same.
Grammatical Changes
All items of business for the Council docket shall be filed with the Council Clerk not later than 12:00 P.M. on the Tuesday prior to the following Monday meeting of the Council. All items so submitted shall be specific in nature, setting forth in at least one (1) paragraph the exact topic to be considered. The council Clerk will review each item to determine its acceptability and will consult, if necessary, with the Council President concerning same.
8. Current Rule 31
The Council may from time to time elect such standing committees or temporary committees as it shall deem necessary for the orderly conduct of its business.
Grammatical Changes
The Council may, from time to time, elect such standing committees or temporary committees as it shall deem necessary for the orderly conduct of its business.
9. Current Rule 34
No materials, files, documents or notes taken by councilors during Executive Session be removed or taken out of Executive Session, no laptops, cell phones turned off; If a Councillor wants to review their Executive Session file, documents or notes taken by that councilor, he/she should make an appointment with the Town Clerk and request a time to review their Executive Session File. The Clerk will review the file noting all materials in the file before turning it over to the Councillor, the file is to be inspected by the Clerk prior to the Councillor leaving, no cell phones or laptops at the time of reviewing the files; Councillors reviewing the files will be given a private space to review the Executive session file. The Councillor may not bring any materials including a notebook, pen or pencil, cell phone or any other recording device into the space while reviewing the Executive Session file; upon completion of reviewing the file, the Clerk will review the file prior to the Councillor leaving to insure all materials are intact and in the town file, no laptops. During Executive Session, the Town Council, Town Solicitor, Town Administrator and Town Clerk shall be present, if others, including Department Heads need to be present during a discussion, they will be invited in only during the portion of the Executive Session, that pertains to them.
Grammatical Changes
No materials, files, documents or notes taken by councilors Councillors during Executive Session may be removed or taken out of Executive Session., nNo laptops are permitted, and cell phones must be turned off.; If a Councillor wants to review their Executive Session file, documents or notes taken by that councilor, he/she should make an appointment with the Town Clerk and request a time to review his/her their Executive Session File. The Clerk will review the file, noting all materials in the file before turning it over to the Councillor., tThe file is to be inspected by the Clerk prior to the Councillor leaving., nNo cell phones or laptops are permitted at the time of reviewing the files; Councillors reviewing the files will be given a private space to review the Executive session file. The Councillor may not bring any materials including a notebook, pen or pencil, cell phone or any other recording device into the space while reviewing the Executive Session file; upon completion of reviewing the file, the Clerk will review the file prior to the Councillor leaving to insure ensure all materials are intact and in the town file., nNo laptops are permitted in the space. During Executive Session, the Town Council, Town Solicitor, Town Administrator and Town Clerk shall be present, if others, including Department Heads need to be present during a discussion, they will be invited in only during the portion of the Executive Session, that pertains to them.
Town Solicitor Peter B. Regan will provide the Town Council with a final version of the Rules of the Council for adoption.
29. Memorandum of Councillor Flynn, re: Beach Restoration.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above.
Town Administrator Shawn Brown noted that he would gather information regarding Beach Restoration and report back to the Council in August.
30. Communication of Councillor Logan, re: High Street Safety/Speed Study.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Logan reviewed the memorandum above.
Town Administrator Shawn Brown noted that High Street and Miantonomi Avenue have been reviewed there will be two proposals/traffic studies by PARE Engineering for those streets on the next agenda.
TOWN ADMINISTRATOR
31. (Continued from the March 18, 2021, Regular Meeting)
Memorandum of Town Planner, re: Atlantic Beach District Utilities Undergrounding Revised Cost Estimates.
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 the cost of the project, needing to decide if the project should be continued or do landscape upgrades to the area, MEDAC is working on the project and awaiting an expert to explore other options to pay for the project, all residents in the area must be 100% in for the project, unable to proceed with the design for the area and TIP deadlines.
Robert M. Silva, Chair, MEDAC, addressed the Council by zoom requesting the Council to postpone their decision until MEDAC has a chance to view other financing options for the Town.
Discussion centered around waiting until September to review the project, waiting for an expert to find other paths for financing the project and having engineers proceed with the design for the area.
On motion of Council President Rodrigues, duly seconded, it was voted to continue this item to the first or second meeting in September.
32. Memorandum of Finance Director, thru Town Administrator, re: Concession contract assignment.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
33. Resolution of the Council, re: Assignment of contract Second Beach Food Concession.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues noted that this is just a change of name for the business.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
34. Memorandum of Finance Director, thru Town Administrator, re: Contract Award: MIDD-021-006 Development Plan Review & On-Call Engineering Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
35. Resolution of the Council, re: Contract Award: Development Plan Review and On-Call Engineering Services.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum in item #35.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
36. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown Residents.
36a.Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Discussion centered around businesses asking for appeals, tax values have been readjusted as of the new revaluation, appeals only cover one year and do not affect assessments going forward and the dates for appeal each year.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
37. Communication of Tax Assessor and Finance Director, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
38. 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 pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to add the following item number 38a to extend the State of Emergency in Middletown through and including July 19, 2021, due to the current extension ending at midnight tonight.
EMERGENCY
ADDENDUM TO TOWN COUNCIL AGENDA
REGULAR MEETING – June 21, 2021
POSTED – June 21, 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, June 21, 2021 6:00 P.M. Executive Session; 7:00 P.M. Regular Meeting - 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 June 25, 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: 830 2650 8408; or on the web at
https://us02web.zoom.us/j/83026508408
If calling in by telephone pressing *9 raises your hand and pressing *6 will unmute.
TOWN ADMINISTRATOR
38a. Executive Order 2021-07 Extension of State of Emergency in Middletown through and including July 19, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to extend the State of Emergency in Middletown through and including July 19, 2021.
BOARDS AND COMMITTEES
Councillor Flynn recused herself from acting on item #39, due to a possible conflict of interest.
Councillor Turano recused himself from acting on item #39, due to a possible conflict of interest.
Town Solicitor Peter B. Regan recused himself from action on item #39, due to a possible conflict of interest.
39. Email communication of Michael Cunningham, re: Not accepting appointment to the STR Task Force.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email.
Councillor Flynn recused herself from acting on item #40, due to a possible conflict of interest.
Councillor Turano recused himself from acting on item #40, due to a possible conflict of interest.
Town Solicitor Peter B. Regan recused himself from action on item #40, due to a possible conflict of interest.
40. Memorandum of Town Clerk, re: Appointment of (1) one member to the Short-Term Rental Task Force. (Non-Short-Term Rental Operator)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Logan nominated Anthony Bliss, there were no other nominations; a vote was taken; all voted unanimously to appoint Anthony Bliss to the Short-Term Rental Task Force.
Councillor Flynn and Councillor Turano returned at this time.
41. Memorandum of Town Clerk, re: Appointments to the Affordable Housing Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Discussion centered around appointing all applicants to the committee, if all were appointed to the committee it would be a large committee and considering alternates for the committee.
On motion of Vice President Welch, duly seconded, to appoint Karen Biastre, Kim Blass, Christopher Bove, Lawrence Frank, Michael Taylor, Antone Viveiros and James Williams to the Affordable Housing Committee; motion was amended by Councillor Turano to appoint Karen Biastre, Kim Blass and Christopher Bove to the Affordable Housing Committee, Amendment was duly seconded; Councillor Santos voted NO to said motion.
42. Appointment of two (2) members to the Conservation Commission for terms expiring July 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Howard Hall and Peter T. Tarpgaard to the Conservation Commission for terms expiring July 2024.
43. Appointment of two (2) members to the Senior Citizens Board of Directors – one (1) vacancy, term expiring January 2024 and one (1) vacancy, to complete a term expiring January 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Olga Probert for a term expiring January 2024 and appoint Louis Finn to complete a term expiring January 2022 to the Senior Citizens Board of Directors.
44. Appointment of four (4) members to the Zoning Board of Review; one (1) vacancy, Regular Member, term expiring April 2026, one (1) vacancy, First Alternate, term expiring April 2022, one (1) vacancy, Second Alternate, term expiring April 2022 and (1) one vacancy, Third Alternate, term expiring April 2022. (Council may waive the requirement for reappointments; all new applicants shall be interviewed prior to appointment.
On motion of Vice President Welch, duly seconded, it was voted unanimously to schedule interviews for all applicants on July 6, 2021 and request the Clerk send the questions to the applicants to be completed and returned to the Clerk by Tuesday, June 29, 2021.
Item #28 was addressed at this time.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:39 p.m.
______________________________
Wendy J.W. Marshall, CMC
Council Clerk