THIS MEETING CAN BE HEARD IN ITS ENTIRETY ON THE TOWN OF MIDDLETOWN WEBSITE WWW.MIDDLETOWNRI.COM OR THE DVD IS AVAILABLE AT THE MIDDLETOWN LIBRARY.
At a Regular Meeting of the Town Council of the Town of Middletown, RI at the Middletown Town Hall, 350 East Main Road, Middletown, RI in person, on Monday, December 5, 2022 at 6:01 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Peter D. Connerton, Sr.
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano, Members Present
Councillor Emily M. Tessier. Absent
POSTED NOVEMBER 30, 2022
REGULAR MEETING DECEMBER 5, 2022
TOWN COUNCIL OF THE TOWN OF MIDDLETOWN, RHODE ISLAND
The following items of business, having been filed with the Town Clerk under the Rules of the Council, will come before the Council at a regular meeting to be held on Monday, December 5, 2022 at 6:00 P.M. Executive Session and 6:30 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person, by telephone conference call/ webinar, 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: 843 5358 5853 or on the web at https://us02web.zoom.us/j/84353585853.
If you chose to join the meeting by zoom or telephone, Council Rules allow for the Public to speak only during the Public Forum and Public Hearings. 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, or a member of the public so requests and the Town Council President permits, in which event the item will be removed from Consent Agenda consideration and considered in its normal sequence on the agenda. All items on this agenda, with the exception of the Public Forum Session, may be considered, discussed, and voted upon in executive session and/or open session.
Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”
Any person not a member of the Council, desiring to address the Council concerning a matter on the docket of the Council, not the subject of a Public Hearing, shall submit a written request to the Town Clerk stating the matter upon which he desires to speak. Persons are permitted to address the Council for a period not to exceed five (5) minutes.
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
EXECUTIVE SESSION
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Collective Bargaining (FOP) and (2) Collective Bargaining (Teamsters) - 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 6:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.
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 announced that Newport This Week will be having a Community Conversation – “What do you want the future of education to look like on Aquidneck Island?” on December 15, 2022, from 4:30 pm to 8:30 pm at Innovate Newport. All Island Residents, Parents, Children and Teachers are invited.
Council President Rodrigues welcomed new Councillor Connerton and noted that Councillor Tessier was unable to attend this evening.
2. Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must submit a public participation form to the Council Clerk prior to the start of the meeting. All items discussed during this session will not be voted upon.
No one spoke during the public forum.
TOWN BUSINESS UPDATE
3. Town Administration will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the next Regular Meeting of the Council.
4. Approval of Minutes, Special Meeting, October 24, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
5. Adoption of the Rules of the Council. (Council action to receive and review. This item will be voted upon at the next Regular Meeting of the Council)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Rules of the Council and place on the next Regular Meeting agenda.
6. Council Representation on various Boards and Committees. (Council action to receive and review. Appointments will be made at the next Regular Meeting of the Council)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said list of Council Representation on Various Boards and Committees and place on the next Regular Meeting agenda.
7. Application of Diane Vertentes dba The Nutrition Spot/Totally Prepared, 796 Aquidneck Avenue, for a Victualling House License for the 2022-2023 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license, subject to Building Official, Fire Marshal and Board of Health approvals.
8. Application for Special Event Permit from East Bay Community Action Program for Molar Express, Dental visits for children 2-21, free care for uninsured to be held Thursday, December 29, 2022, from 8:00 am to 5:00 pm at Linden Park. (Applicant requests permit and public safety details fees to be waived)
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit and waive permit and public safety detail fees.
Council President Rodrigues noted this is a great event and it is not just for Middletown residents.
Councillor Turano inquired if this event can be placed in the Newport Daily News, Newport This Week and Town website. Mr. Turano also inquired if there is a need for transportation to this event.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive permit and public safety detail fees.
9. Application for Special Event Permit from OceanPointe Christian Church, 66 Valley Road for Night to Shine, a prom night experience for special needs individuals 14 and up. (Applicant requests permit and public safety detail fees be waived).
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit and waive permit and public safety detail fees.
Sean Smith was present representing Night to Shine to answer Council inquiries.
Discussion centered around this event has taken place prior years at the Wyndham in Middletown and the Marriot in Newport; the Tebow Foundation, who is a sponsor of the event requires medical assistance and police presence on site during the event, there are at least 150 guests and 150 buddies for each guest, volunteers and caregivers are also present for the event; the event should have at least one to two EMT’s on site, the Police Chief and Fire Chief will take care of the staffing for the event and Langway Toyota offered parking for volunteers in their parking lot.
Council President Rodrigues read the following into the record:
Enter item #10
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive permit and public safety detail fees.
10. Communication of Kristine Parsley, Executive Pastor, OceanPointe Christian Church, re: Request for support for the 2023 Night to Shine Event.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and allocate $2,000.00 from the Council President’s Discretionary Fund to support the Night to Shine.
11. Email communication of Matthew Kirby, Middletown, re: Discussion of Proposed Purgatory Road sidewalk project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
Town Engineer Warren Hall was present to answer Council inquires.
Matthew Kirby, Middletown, addressed the Council explaining that he objects to having sidewalks on Purgatory Road, but does not object to sidewalks between Crest Street and Tuckerman Avenue. Mr. Kirby noted that pedestrians can walk on the shoulders of the road, and he does not feel it is unsafe when walking on the shoulder of the road. Matthew Kirby requests the Council to vote not to go forward with the project.
Karen Barbera, Middletown, addressed the Council presenting a sample of flexipave. Ms. Barbera explained that the flexipave product is porous, very flexible, filterable, developed over 30 years ago, is used throughout the country, ADA compliant, has longevity and minimal maintenance, the issue is the cost. Ms. Barbera explained the company will train the Town DPW workers to install and maintain the product.
Discussion centered around the distance of the project extends from Wolcott Avenue to the guardrail at Second Beach, there may be issues bidding out the project with the Town potentially completing part of the project and how many pedestrians walk the area.
Melissa Welch, Middletown, addressed the Council inquiring if the project could use gravel or stone dust in the area, how would those products hold up to traffic and weather. Ms. Welch noted flexipave is a better suited product for the project.
Jan Hayes, Middletown, addressed the Council noting her objection to the project and agreement with Mr. Kirby. Mrs. Hayes explained that if a sidewalk is required it needs to be green and suggests leveling the surface area and rolling out green grass. Jan Hayes also noted that no pedestrian accidents have been reported for the area. Ms. Hayes requests the Council to vote down the project.
Margot Ceres, Middletown, addressed the Council noting she is supportive of a walkway, but Middletown should be a leader for the environment, there is no need for a concrete walkway.
David Kilroy, Middletown, addressed the Council explaining he is 85 and never had difficulty walking in the area. Mr. Kilroy showed the Council a picture of the cherry trees and requests keeping the beauty in the area.
Town Administrator Shawn Brown reviewed the following timeline from the project:
Discussion centered around the project is funded by state and federal funding, the road area is to be widened, flexipave and green infrastructure is more expensive, the project came about because of a public safety issue, sidewalks provide a safe manner for pedestrians to go to the beach, the water runoff in the area goes into the ocean, if the Town Council votes against the project the road will not be paved, federal monies are for the sidewalk project based on how the Town applied for the monies, the need to weigh in safety verses esthetics for the area, the Town Administrator will find out the price to pave entire road from Wolcott Avenue to Aquidneck Avenue and the matter will be reviewed in January 2023.
Michele Kirby, Middletown, addressed the Council explaining that pedestrians do not walk on Purgatory Road, they walk on the grass which is a safe place to walk. Mrs. Kirby noted the residents want grass.
Councillor Turano explained that there are a lot of speeding cars on Purgatory Road. Mr. Turano noted the need for sidewalks in the area suggests considering flexipave. Councillor Turano also noted he would like to underground utilities in the area.
12. An Ordinance of the Town of Middletown (First Reading)
An ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 34 Taxes, Section 34.02, Exemption on Residential Property.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Town Administrator Shawn Brown explained that this amendment is the annual change for the Senior Exemption to bring the ordinance in line the current cost of living increase.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
13. Memorandum of Town Engineer, re: Recommended speed limit Seascape Avenue.
Town Administrator Shawn Brown reviewed the memorandum above.
On motion of Vice President Welch, duly seconded, to reduce the speed limit on Seascape Avenue to 20 mph, subject to review and approval of Town Solicitor with respect to RIGL 31-4-5 & 31-4-8, if the change is permitted, the Town Solicitor is to prepare an ordinance to reflect the amendment.
Discussion centered around if the drivers will reduce their speed to 20 mph, if the speed limit should be reduced to 15 mph, reviewing all speed limits in the Seascape neighborhood area and a resident requested the speed limit to be reduced.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reduce the speed limit on Seascape Avenue to 20 mph, subject to review and approval of Town Solicitor with respect to RIGL 31-4-5 & 31-4-8, if the change is permitted, the Town Solicitor is to prepare an ordinance to reflect the amendment.
14. Memorandum of Town Engineer, re: Traffic Calming Measures, Boulevard, High Street and Miantonomi Avenue.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Engineer Warren Hall reviewed the memorandum above.
Bobby Sykes, Civil Engineer for PARE Corporation, was present to answer Council inquiries.
Discussion centered around concerns with a proposed four way stop at Miantonomi Avenue and Boulevard, it may be an issue to stop at the Miantonomi Avenue/Boulevard intersection on the hill during inclement weather and in general, trimming the bushes at the Miantonomi Avenue/Boulevard intersection may assist with being able to see into the intersection, life expectancy of a speed feedback sign, location of speed feedback signs, notifying residents where the signage will be placed, police enforcement in the traffic study areas, Chief Kewer noted speed feedback signs do slow drivers down and the Town Administrator will come back to the Council with the cost of the traffic calming measures.
Barbara Fenlon, Middletown, addressed the Council noting concern the Green End/Boulevard/Miantonomi area was not included in the study. Ms. Fenlon explained the area is heavily traveled by drivers going to Newport, including large trucks. Barbara Fenlon suggested speed tables on Green End Avenue.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:38 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 8:50 pm.
15. Memorandum of Finance Director, thru Town Administrator, re: Paradise Avenue Pump Station Force Main Replacement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
16. Resolution of the Council, re: Award of Contract to CB Utility Co., Inc. – Paradise Avenue Pump Station Force Main Replacement.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Engineer Warren Hall reviewed the memorandum above.
Discussion centered around the timeline of the project starting in January 2023/February 2023 the project being complete prior to the beach opening at the end of May and the staging area for the project will be at the Paradise Avenue pump station.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
17. Memorandum of Finance Director thru Town Administrator, re: Equipment Purchase: Public Works Vehicle Replacement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
18. Resolution of the Council, re: Equipment Purchase – Two (2) F550 Dump Truck w/ Stainless Steel Sander & Snowplow Package.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
19. Memorandum of Town Administrator, re: Statewide MOU Non-Emergency Police Powers.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Police Chief Kewer reviewed the memorandum above.
Town Solicitor Peter B. Regan addressed the Council explaining he has reviewed the MOU and has no issues.
On motion of Vice President Welch, duly seconded, it was voted unanimously to allow Middletown to enter into an agreement with several other municipalities and institutions of higher learning for nonemergency mutual aid and authorize the Police Chief to execute the MOU.
20. Memorandum of Finance Director, thru Town Administrator, re: FY-2023-FY2024 Regional Animal Shelter Agreement – Robert Potter League for Animals, Inc.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
21. Resolution of the Council, re: Approving the FY2023-FY2024 Regional Animal Shelter Agreement and authorizing the Finance Director to execute the agreement on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
22. Memorandum of Town Administrator, re: Consultant – General Business & Professional Consulting Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Government Relations and Consultant Agreement with Mayforth Group, LLC and authorize the Town Administrator to execute the agreement.
23. Memorandum of Town Administrator, re: Strategic Planning Workshop.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
The Town Council was supportive of a strategic planning workshop and the Town Clerk will send out potential dates.
24. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
25. 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.
26. Email communication of Emily Tessier, re: Resignation from the Zoning Board of Review.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation.
Council President noted that December 19, 2022, Regular Meeting is cancelled, and the Senior Center Tree lighting is Friday, December 9, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:21 p.m.
Wendy J.W. Marshall, CMC
Council Clerk