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 and by telephone conference call/webinar, on Tuesday, January 18, 2022, at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn, joined by zoom
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
POSTED JANUARY 12, 2022
REGULAR MEETING JANUARY 18, 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 Tuesday, January 18, 2022, at 6:00 P.M. Executive Session; School Committee - Pre-Budget Consultation – Immediately following Executive Session; 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, in accordance with Executive Order 22-01 issued by Governor McKee on January 6, 2022, 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: 814 1464 3847 or on the web at https://us02web.zoom.us/j/81414643847.
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.
The Middletown Town Council follows the codification of present-day general parliamentary law as articulated in Robert’s Rules of Order Newly Revised 10th edition (2000), together with whatever rules of order the Council has adopted for its own governance. The motion to reconsider is one of the motions that can bring a question again before an assembly, and is designed to bring back for further consideration a motion which has already been voted on:
If, in the same session that a motion has been voted on, but no later than the same day or the next day on which a business meeting is held, new information or a changed situation makes it appear that a different result might reflect the true will of the assembly, a member who voted with the prevailing side can, by moving to Reconsider [RONR (10th ed.), p. 304-321] the vote, propose that the question shall come before the assembly again as if it had not previously been considered. (From Robert’s Rules of Order Newly Revised In Brief, Robert, Evans et al., De Capo Press, 2004)
There were no reconsiderations.
1. Executive Session – Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Litigation (Opioid Litigation), (5) Land Acquisition and (5) Land Acquisition (WMR) - 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 6:40 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Town Administrator to execute the Opioid settlement agreement.
On motion of Vice President Welch, duly seconded, it was voted to authorize the Town Administrator to execute the West Main Road Negotiating Agreement; Councillor Santos voted NO to said motion.
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.
(2) “The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates; “
(2) “The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, and any necessary or mandated changes in school programs or operations”.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Pre-Budget Consultation Pursuant to РҤ16-2-21.
3. Communication of Paul M. Rodrigues, Middletown Town Council, re: Information in accordance with RIGL 16-2-21.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Town Administrator Shawn Brown, Finance Director Marc Tanguay and Superintendent Rosemarie Kraeger presented a PowerPoint presentation of the Pre-Budget Consultation FY2022 Town/School Revenue Conference, which is on file in the Office of the Town Clerk
Town Administrator Shawn Brown reviewed the following from the Revenue Manual.
Also present from the School Department were Business Manager Cindy Brown, School Committee Chair Theresa Spengler, Vice Chair Douglas Arnold and Members Lianna Ferreira Fenton and Tami Holden.
4. Memorandum of Theresa Spengler, School Committee Chair, re: Pre-Budget Consultation FY 2022-23.
5. 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.
Antone Viveiros, Middletown, addressed the Council regarding a meeting of the Aquidneck Island Planning Commission, which the commission discussed Burma Road and Development on the West side of Town. Mr. Viveiros noted the public was not aware of any proposed development plans for that area.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
6. (Public Hearing Advertised; Abutters Notified)
Application of Mykono Pizza, LLC dba Mykono Pizza Pub, 59 Aquidneck Avenue, for a Class BV Liquor license for the 2021-2022 licensing year, to be used at the same premises, first floor only. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Item #6 – was reconsidered after item #12.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconsider item #6.
6. (Public Hearing Advertised; Abutters Notified)
Application of Mykono Pizza, LLC dba Mykono Pizza Pub, 59 Aquidneck Avenue, for a Class BV Liquor license for the 2021-2022 licensing year, to be used at the same premises, first floor only. (NEW)
Public Hearing was declared open.
Council President inquired if there was anyone present or by zoom.
There were no persons present or by zoom requesting to be heard on this matter, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Item #13 was addressed at this time.
7. Approval of Minutes, re: Regular Meeting, December 6, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Regular Meeting, December 20, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. Receipt of ARPA submissions. (Council action to forward to the Planning Board for review for compliance with the Middletown Comprehensive Community Plan.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to
receive said ARPA submissions and forward to the Planning Board for review for compliance with the Middletown Comprehensive Community Plan.
10. Application of Mykono Pizza, LLC dba Mykono Pizza Pub, 59 Aquidneck Avenue, for a Victualling House License for the 2021-2022 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license contingent upon Building Official, Fire Marshal and Board of Health approvals.
11. Application of South Coast Subs of Rhode Island, Inc. dba Jersey Mike’s Subs, 7 East Main Road, Unit C, for a Victualling House License for the 2021-2022 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license contingent upon Building Official, Fire Marshal and Board of Health approvals.
12. Review of the Town’s Bond Issue Plan and Debt Capacity.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said review of the Town’s Bond Issue Plan and Debt Capacity.
Finance Director Marc Tanguay noted there are two Consultants from Hilltop Securities, Inc, present by zoom, which will review the Town’s Bond Issue Plan and Dept Capacity.
Matthew Blais, Representing Hilltop Securities, Inc., Vice President, Investment Banker PF, joined by zoom and reviewed a PowerPoint presentation of the Town’s Bond Issuance Plan and Debt Capacity, which is on file in the Office of the Town Clerk.
Maureen Gurghigian, Managing Director of Hilltop Securities, Inc., was also present by zoom.
Councillor Flynn inquired about reimbursement from the State, if the Town would be over committing the taxpayers to go out to bond and concern with interest rates increasing.
Matthew Blais, responding to Councillor Flynn, explained the information presented is a realistic scenario, the expectation is to receive 35% reimbursement from the state, but is possible to receive additional bonus points, there would need to be further discussion with the bond rating agencies regarding the bond and commitment amount to the taxpayers, and interest rates can increase in the short-term.
Item #6 was returned to at this time.
13. School Building Committee – Proposals – Conceptual Design Cost Estimates - Fiscal Impact Analysis – Levied Real Property Tax as of 01/07/2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Fiscal Impact Analysis – Levied Real Property Tax as of 01/07/2022.
Town Administrator Shawn Brown reviewed the School Building Committee- Proposals – Conceptual Design Cost Estimates – Fiscal Impact Analysis – Levied Real Property Tax as of 01/07/2022 above.
Councillor Turano inquired the percentage of increase to the tax rate.
Town Administrator Shawn Brown, responding to Councillor Turano, noted the percentage increase is 7%.
14. Communication of Charlie Roberts, Co-Chair, On Behalf of the Middletown Public Schools Building Committee, re: Requesting the Town Council to approve the Conceptual Designs and Cost Estimates, which will allow the committee to further their designs to keep their schedule for Bond Referendum and RIDE Phase II applications.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Present to answer inquires were Building Committee Co-chair Charlie Roberts, Superintendent Rosemarie Kraeger, School Committee Chair Theresa Spengler, School Committee member Liana Ferreira Fenton, Owner’s Project Mangers representing Colliers Project Leaders- Holley Demers Sawyer, the Design Team DBVW Architects- Douglas L. Brown, Senior Principal of DBVW and Edward Cifune, Associate Principal of DBVW.
Building Committee Co-Chair Charlie Roberts addressed the Council, noting Option E for the School Bond was approved by the School Committee. Mr. Robert’s requests the Town Council to approve Option E to allow for the filing of Phase II for the bond project.
Discussion centered around the proposed extension of construction commencement, there will be more information within the next several months regarding bonus points, 2016 School Bond projects completed, Capital Improvement Plan projects for the schools, conceptual design costs for Aquidneck School and Forest Avenue School, how the bond money is accounted for, if there is an option F something between option E and zero, the tax burden on fixed income seniors, the School system is important to local economic growth, the School Facilities Department is not able to do some of the work which is in the bond proposal and Middletown High School ranking within the state.
Vice President Welch reviewed the following:
TC School Bond Vote
· We are not here to debate how we got to this point of needed repairs – it’s easy to Monday morning quarterback and say what should have been done. We all know a substantial amount of money has been spent on our schools – and that money was put to good use – but the reality is, more is needed. As we have heard from the experts on the committee, the work to replace roofing and windows in the previous bond has made it possible for us to invest responsibly in our existing buildings rather than having to build new. Tonight, we’re here to talk about the work that still needs to be done to ensure our existing school buildings can continue to meet the needs of the town.
· As Paul said at the last meeting – I am in favor of this proposal and am very comfortable with it because I am on the committee, so I have been able to ask questions, see all the research, the due diligence, and effort that got us to this point. As with other boards and committees the town has established, we do so to bring together experts in the field as well as interested taxpayers to investigate all sorts of issues and provide analysis and guidance to the council. In this case, I have the opportunity to participate as a liaison on this committee – to help bridge the gap between the council and the committee.
· I want to make sure everyone understands the task this committee was charged with: after identifying all the deficiencies from a myriad of angles, the resulting list had to be crafted into a plan that would address the problems in a way that respects our fiscal responsibility to the taxpayer while trying to maximize the reimbursement opportunities currently available from the state, and take advantage of construction efficiencies as much as possible. This lengthy process resulted in 5 options. Option E is being recommended because it addresses as many deficiencies as possible while keeping the price tag within the town’s ability to successfully obtain funding through a bond. Personally, I want to fix it all now – everything we put off will only cost more down the road and creates a heavier maintenance burden along the way. Realizing this is out of our financial reach, I believe option E is the best, most feasible way forward.
· We all know Terri asks a lot of questions – it’s not a bad thing and often they have merit. I absolutely agree that you make the best decisions when you have all the information and to get the information you have to ask questions. The proposal in front of you does not contain every piece of information we would like to have – but that is not because the questions haven’t been asked or the research is incomplete. As an example, it would be great if RIDE’s application timeline dovetailed with the state house’s agenda with respect to bonus extensions – but it doesn’t. Committee members well-versed in this area, who have their ears to the ground, have given us their expert opinions – the information we have is as good as it gets. I am confident the proposal has been thoroughly evaluated using the most up-to-date data.
· I wanted to have my mother speak tonight to support this effort - I’m still hoping I can get her to make an appearance before the ballot voting - but I want to share her story because I think it speaks to the experience of many of our longtime residents. My parents grew up in Newport but moved to Middletown to buy their home and raise a family. When the 3 of us went off to school (late 60’s/early 70’s) these same schools we are talking about today provided the framework for our education. My parents didn’t pay for them to be built – those that came before them did – but as residents they have been paying taxes to maintain the schools for the past 60 years. My Mom was a career educator, all 3 of her children and 4 of her grandchildren attended Middletown schools, and currently 6 great grandchildren are headed our way. She went with me to tour Aquidneck School recently; she spoke with some of the teachers and students, and saw firsthand the current conditions. She came away very concerned with what she saw, particularly for the younger children. She is a senior, now a widow, on a fixed income, living in her own house in Middletown… and she fully supports this bond, because she knows that education is the foundation of our community. If we don’t provide our children the school facilities they need, our community and our society will suffer.
· We know our schools are important, as evidenced by the fact that we put so much effort and money toward them. Last year, it was 57% of our town budget. No one, myself included, would volunteer to increase taxes on a whim. But taxes have to increase to cover the operating expenses of the town, which includes maintaining its infrastructure and, in this case, the schools. The proposal outlined here is not an outlandish ask. The bulk of the work will replace plumbing, heating and fire safety equipment, roofing, windows, and doors. Due to the scope of this work, we will also be able to incorporate some flexibility into our buildings by creating open spacings and providing some new furniture that can accommodate multiple classroom arrangements to be used for a variety of purposes.
· So here we are – in front of us we have the culmination of literally hundreds of hours of work resulting in a reasonable and workable proposal to address the needs of our schools. I know from a council standpoint it is a lot of information to digest and we are looking at a big price tag. Our job as councilors, in my eyes, is to forward the committee’s recommendation to the voters to decide if they agree. I am confident we can get there tonight. Agreeing to put this question on the ballot in no way obligates us to borrow money or sign a contract – it simply lets the taxpayers have their say in November and allows the Stage 2 application to move forward. The education of our children, which is facilitated by these buildings, directly impacts our quality of life in Middletown. I hope we all can get on the same page and vote in favor of moving this proposal forward. Thank you.
We all have had a front row seat watching Newport’s struggles with their aging schools –I think we are still upriver of their predicament, but we are in the same river. We have an opportunity to avoid their situation. I think we all agree we need to address the infrastructure in our schools. We have a well-crafted recommendation from our building committee which allows us to take advantage of state money that will cover almost half the cost of the entire project.
Discussion centered around the School Deficit being unknown, need to know the total cost to the taxpayer for this bond and what the upcoming potential tax increase to the citizens is prior to the bond, a vote to move forward to stage II is not a final commitment for the bond, a lot of the proposed work in the bond is for infrastructure, there is a contingency built into the numbers for the project (which may increase or decrease), not wanting to go through the process and having the referendum fail and the investment to the schools would extend the useful life of the buildings.
Antone Viveiros, Middletown, addressed the Council noting concern that the taxpayers are hurting, and it is not the time to go out for bond.
On motion of Vice President Welch, duly seconded, it was voted to approve the Conceptual Design and Cost estimate to keep their schedule, Option E; Vice President Welch, Councillor VonVillas and Councillor Flynn voted YES to said motion; Council President Rodrigues, Councillor Logan, Councillor Santos, and Councillor Turano voted NO to said motion; MOTION FAILED TO PASS.
Discussion centered around what is the next step for the MPS Building Committee, scaling the proposed projects back, the need to know what the taxpayers will be paying for the bond and tax rate, the need for the Town Council to give a direction to the MPS Building Committee, the committee not wanting to put the bond on a special referendum if the Council would consider a 60 million dollar bond and bonus points for the bond.
Antone Viveiros, Middletown, addressed the Council inquiring about the interest paid on the 2016 10-million-dollar bond. Mr. Viveiros suggests getting a list of important needs of the schools.
John Crimmins, Middletown, addressed the Council suggesting a schedule be prepared for school projects, explaining the student population is decreasing.
On motion of Councillor VonVillas, duly seconded, it was voted to prepare an option for a 60 million dollar bond for the schools; Council President Rodrigues and Councillor Santos voted NO to said motion.
15. Memorandum of Charlene A. Rose-Cirillo, Chairman, Middletown Beach Commission, re: Address Town Council – January 18, 2022, regarding boat ramp safety and functionality and the pavilion methodology in expanding and improving safety and liability in meeting the needs of lifeguards, beach staff and office staff.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Charlene A. Rose-Cirillo, Chairman, Middletown Beach Commission joined by zoom. Ms. Cirillo introduced the Vice Chairman Bill Seiple.
Middletown Beach Commission Vice Chairman Bill Seiple addressed the Council, inquiring if the Town Council would be interested in moving forward with improvements to the Second Beach Pavilion and the Third Beach Boat Ramp.
Discussion centered around the Boat Ramp does not work well at low tide, the boat ramp needs to be 100 feet out into the water which places it in the eel grass, there is a grant that will pay for design work of the beach building, the need for space at the beach building to accommodate the staff, the Town Administrator will provide available grant information for the beach building and the Town Engineer will meet with the Beach Commission to review Third beach profile for the boat ramp.
John Bagwill joined by zoom and reviewed the following:
JOHN BAGWILL
587 TUCKERMAN AVENUE
MIDDLETOWN, RI 02842
January 18, 2022
To: Town Council
Re: Agenda Item 15
A. Over-View:
Goal/Policy: L.V.A
Preserve the character of Second and Third Beaches while supporting appropriate recreational uses and ensuring public safety.
B. Specific statement re Third Beach (refines the above).
Goal/Policy: R.V.B
. Preserve Third Beach by maintaining the current level of use.
Following proposal meets the above policies.
“We need a boat dock. If we had a boat dock, the ramp would be much safer. ….
We need the least expensive plastic TREX dock made that meets state criteria. This dock should be mobile so that it can be removed by axel or winch on a car tow truck and bought up into the parking lot. It does not have to be permanent.”
Respectfully submitted,
John Bagwill
16. At the request of Open Space and Fields Committee, Resolution of the Council, re: For the Celebration of the 52nd Anniversary of Earth Day 2022 Celebration, declaring the week of April 16, 2022 to April 23, 2022 as Aquidneck Island Earth Week (AIEW).
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Town Solicitor Peter B. Regan recused himself from acting on the following item #17 of business, due to a possible conflict of interest.
Councillor Turano recused himself from acting on the following item #17 of business, due to a possible conflict of interest.
17. Memorandum of Councillor VonVillas, re: Proposed Amendment to STR Ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, it was voted unanimously to prorate the Short-Term Rental fees for previously registered in 2021/2022 registration year, if filed and completed, including payment by April 2022.
18. Amendment to the Rules of the Council, re: Procedure Hybrid Meetings.
35. The Council shall conduct public meetings in-person; provided, however, that in special circumstances, and as otherwise permitted or required by law, the Council may conduct its meetings through telephonic or electronic means (“fully remote meetings”), or through a combination of telephonic or electronic means and in-person participation (“hybrid meetings”). In either fully remote or hybrid meetings, remote public access to the meeting for members of the public shall be provided by means that provide transparency and permit timely and effective public access to the deliberations of the Council. Where active, real-time participation by members of the public is a specific requirement of a state or local law, any remote means of public access shall provide for such participation. During hybrid meetings, remote participation shall be limited to those wishing to speak in the Public Forum portion of the meeting and those wishing to participate on any matter that is subject to a public hearing, or where allowance for active, real-time participation by members of the public is a specific requirement of a state or local law. Remote participants shall be heard after the parties to the matter that is the subject of the hearing, and members of the public attending the meeting in-person, are heard. All time limits that would otherwise apply to testifying in-person will remain in full-force and effect. Notwithstanding the provisions of Rule 25, remote participants wishing to speak during the Public Forum section of the meeting shall not be required to submit a written request to speak.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Amendment to the Rules of the Council.
19. Appointment of one (1) member to the Open Space and Fields Committee, for a term expiring November 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Thomas D. O’Neill to the Open Space and Fields Committee for a term expiring November 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:49 p.m.
__________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri