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 and by telephone conference call/webinar, on Tuesday, July 5, 2022, at 6:02 P.M.
Council President Paul M. Rodrigues, Presiding
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Councillor Terri Flynn, Absent
Vice President Thomas P. Welch, III
POSTED JUNE 29, 2022
REGULAR MEETING JULY 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 Tuesday, July 5, 2022 at 6:00 P.M. Budget and at 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: 812 0162 3646 or on the web at https://us02web.zoom.us/j/81201623646.
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.
6:00 P.M. - BUDGET
1. (Continued from the June 23, 2022, Special Meeting)
Public Hearing (Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the ordinances of the Town of Middletown General Fund, Parks and Recreation Fund, Sewer Fund, Refuse and Recycling Fund, Appropriating revenues for the Fiscal Year July 1, 2022 to June 30, 2023.
Councillor Logan announced that the Public Hearing Remains Open.
School Committee Chair Theresa Spengler was present to answer Council inquires.
Discussion centered around that the School Committee passed a resolution that the town continue approving school purchases through the 2022 – 2023 Fiscal Year and the Town Finance Director would only disapprove an expenditure if it was not budgeted or there was not enough money for the purchase.
Council President Rodrigues noted that the Town Charter § 208 provides that the town council may change the budget proposed by the town administrator provided that the council also make provision(s) for balancing out the consolidated budget.
Whereas:
The town recently received a bid after the budget was submitted that increases the cost of refuse collection and transportation services annually,
therefore,
On motion of Councillor Logan, duly seconded, it was voted unanimously that on page 6, the Pay-As-You-Throw (PAYT), line 34 amount be increased by $115,700, and Budgeted Use of Fund Balance on page 6, line 44 be increased by $115,700, and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The town is supporting Beyond the Bell and Children, Youth & Learning without the benefit of a state grant, and will be partially funded from American Rescue Plan,
On motion of Councillor Logan, duly seconded, it was voted unanimously that Children Youth, & Learning, page 1, line 40 be decreased by $205,000, Restricted Grants-in-Aid State Sources on page 2, line 21, be decreased by $210,000, Other Revenue from Local Sources, page 2, line 20 be decreased by $55,000, Funds Transferred In, page 2, line 23 be increased by $60,000 and all subtotals adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The town intends to support athletic boosters and art purchases in the School Department and,
Whereas:
Additional funding from ARPA has been set aside for the school’s structural-deficit reduction plan,
On motion of Councillor Logan, duly seconded, it was voted unanimously that Education on page 2, line 12 increase by $200,000, School Department Revenue, page 2, line 34 increase $200,000, page 2 line 23, Funds Transfer In increase $200,000, and Non-department Specific on page 2, line 2 be increased $200,000. These funds shall be restricted for this use and shall not be included in maintenance of effort.
And further: that on page 3, lines 22 - 26 read, “revenues in the amount of $29,666,290 for education. This amount includes $28,566,290, or a 4% increase over the prior fiscal year, and $800,000 from ARPA, $100,000 for the school structural-deficit reduction plan and restricted funds of $200,000 for athletic boosters and art programs. The $29,666,290 does not include the school contingency of $500,000 budgeted in the town's General Fund.”
Council President Rodrigues noted the following:
Whereas:
The State has advanced the motor vehicle phase-out program which has eliminated the assessment of motor vehicle taxes and increased the motor vehicle phase-out reimbursement, therefore,
On motion of Councillor Logan, duly seconded, that the Intra Governmental Support on page 2, line 31 be increased by $1,132,975 and Taxes Levied by Municipality on page 2, line 17 be decreased by $1,132,975 and all subtotals be adjusted accordingly.
Discussion centered around there will be no motor vehicle tax bills this year and no tax abatements for military in the upcoming years (unless the tax was prior to this year).
A vote was taken.
On motion of Councillor Logan, duly seconded, it was voted unanimously that the Intra Governmental Support on page 2, line 31 be increased by $1,132,975 and Taxes Levied by Municipality on page 2, line 17 be decreased by $1,132,975 and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The town purchased police vehicles November 2021 as identified in the Capital Improvement Plan to minimize supply chain issues and keep the vehicle replacement program in good order, and, after a review and prioritization of other departments’ critical needs,
On motion of Councillor Logan, duly seconded, it was voted unanimously that:
| on page | Name | Description | Line | Increase/decrease | Amount |
| 2 | Information Technologies | Cameras | 4 | increased | 35,000 |
| 2 | Information Technologies | Copiers | 4 | increased | 7,000 |
| 2 | Police | Vehicles | 6 | decreased | 207,117 |
| 2 | Fire | Radio upgrade | 7 | increased | 440,000 |
| 2 | Fire | Thermal imaging upgrade | 7 | increased | 18,400 |
| 2 | Public works | Light towers | 8 | increased | 33,000 |
| 2 | Public works | Complete streets | 8 | decreased | 100,000 |
| 2 | School | Chiller | 10 | increased | 500,000 |
| | | | | | |
| 2 | Funds Transfer In | Cameras | 23 | increased | 35,000 |
| 2 | Funds Transfer In | Copiers | 23 | increased | 7,000 |
| 2 | Funds Transfer In | Vehicles | 23 | decreased | 207,117 |
| 2 | Funds Transfer In | Radio upgrade | 23 | increased | 21,000 |
| 2 | Funds Transfer In | Light towers | 23 | increased | 33,000 |
| 2 | Funds Transfer In | Complete streets | 23 | decreased | 100,000 |
| 2 | Restricted Grants-in-Aid Federal Govt | Radio upgrade | 22 | increased | 419,000 |
| 2 | Funds Transfer In | Thermal imaging upgrade | 23 | increased | 18,400 |
| 2 | School Department CIP Appropriation/JFK | Chiller | 35 | increased | 100,000 |
| 2 | School Department Use of Fund Balance | Chiller | 36 | increased | 400,000 |
and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The town intends to pave the beach parking lot in FY 2023,
On motion of Councillor Logan, duly seconded, it was voted unanimously that:
| on page | Name | Line | Increase/decrease | Amount |
| 5 | Capital Improvement Program | 14 | increased | 1,300,000 |
| 5 | Use of Fund Balance, Capital Replenishment | 24 | increased | 1,300,000 |
and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
Fuel costs, since the budget was first prepared, have risen dramatically, and
Whereas:
the accounts have been reviewed again for reasonableness, now therefore,
On motion of Councillor Logan, duly seconded, that
| on page | Name | Line | Increase/decrease | Amount | |
| 1 | Building | 32 | increased | 1,650 |
|
| 1 | Police | 34 | increased | 93,600 |
|
| 1 | Fire | 35 | increased | 52,011 |
|
| 1 | Public Works | 36 | increased | 38,970 |
|
| 1 | Senior Center | 38 | increased | 2,700 |
|
| 6 | Sewer | 4 | increased | 18,960 |
|
and Taxes Levied by Municipality on page 2, line 17 be increased by $188,931, and Sewer Maintenance Revenue on page 6, line 12 be increased by $18,960 and all subtotals be adjusted accordingly.
Discussion centered around that the motion it to cover the increase costs of fuel, the School Department may need to increase their fuel costs and monies from the contingency can assist with the increase for fuel costs.
A vote was taken at this time:
On motion of Councillor Logan, duly seconded, it was voted unanimously that
| on page | Name | Line | Increase/decrease | Amount |
| 1 | Building | 32 | increased | 1,650 |
| 1 | Police | 34 | increased | 93,600 |
| 1 | Fire | 35 | increased | 52,011 |
| 1 | Public Works | 36 | increased | 38,970 |
| 1 | Senior Center | 38 | increased | 2,700 |
| 6 | Sewer | 4 | increased | 18,960 |
and Taxes Levied by Municipality on page 2, line 17 be increased by $188,931, and Sewer Maintenance Revenue on page 6, line 12 be increased by $18,960 and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The Fire Department mobile broadband costs to connect cardiac monitors has increased significantly therefore,
On motion of Councillor Logan, duly seconded, it was voted unanimously that on page 1, the Fire line 35, be increased by $4,845; on page 2, the Taxes levied by Municipality line 17, be increased by $4,845, and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The Town Council has determined that the Senior Center requires additional staff therefore,
On motion of Councillor Logan, duly seconded, that on page 1, line 38, the Senior Center be increased by $26,500; on page 2, the Taxes levied by Municipality line 17, be increased by $26,500, and all subtotals be adjusted accordingly.
Discussion centered around that this will add part time help for the Senior Center and the Director will determine the needs for part-time help job responsibilities.
A vote was taken at this time:
On motion of Councillor Logan, duly seconded, it was voted unanimously that on page 1, line 38, the Senior Center be increased by $26,500; on page 2, the Taxes levied by Municipality line 17, be increased by $26,500, and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
Based on a review of capital priorities and staffing, the town has decided to delay the implementation of a new accounting software, therefore,
On motion of Councillor Logan, duly seconded, it was voted unanimously that on page 1, line 27, Information Technology be decreased by $299,082; on page 2, the Funds Transferred In line 23, be decreased by $299,082, and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The town desires to set aside contingency funds for the Middletown Public Schools, therefore,
On motion of Councillor Logan, duly seconded, it was voted unanimously that the Non-Department specific (contingency), on page 2, line 2, be increased by $400,000; on page 2, line 17, the Taxes levied by Municipality, be increased by $200,000, on page 2, line 28, Permits be increased by $200,000 and all subtotals be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The town continues to address Middletown School Department budget issues
therefore,
On motion of Councillor Logan, duly seconded, it was voted unanimously that on page 3, line 25, the following be added, “subject to the requirement, as agreed to by the School Committee, that all School Department expenditures will continue to require the approval of the Town Treasurer for the 2022-2023 fiscal year, the purpose of said approval being to ensure that there will not be an excess of expenditures, encumbrances, and accruals over revenues; and, provided that the School Committee operates in accordance with RIGL§ 16-2-21, including submitting an amendment of its estimates and recommendations, so that expenses are no greater than its revenues, within thirty (30) days after the town’s appropriation; and, provided further, that the School Department shall apply for contingency funding for operations within sixty (60) days of the passing of the town budget ordinance.” All line numbers for additional text on this page be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The following use of American Rescue Plan Act (ARPA) funds are approved in the FY 2023 budget ordinance,
On motion of Councillor Logan, duly seconded, it was voted unanimously to add an additional page after page 4 to outline the approved use of these funds.
| Name | | FY 2023 Amount |
| Beyond The Bell: | | |
| After school program | | 200,000 |
| Summer school program | | 250,000 |
| Coordinator | | 30,000 |
| Department of CYL: | | |
| Healthy communities coordinator | | 110,000 |
| Program costs | | 25,000 |
| Operating costs | | 10,000 |
| School deficit reduction plan | | 800,000 |
| MPS - Parents as teachers | | 75,000 |
| Allowance - athletic boosters via MPS | | 200,000 |
| | | |
| Total | | 1,700,000 |
and all line numbers for additional text on this page be adjusted accordingly.
Council President Rodrigues noted the following:
Whereas:
The Town Council has reviewed the civic appropriations for the General Fund and Parks and Recreation Fund;
the FY 2023 budget ordinance will be increased to reflect the new totals,
On motion of Councillor Logan, duly seconded, it was voted unanimously that on page 1, line 44, Civic Support for the General Fund be increased by $8,272, on page 2, line 17, Taxes Levied by Municipality be increased by $8,272; on page 5, line 11, Civic Support for the Parks and Recreation Fund be increased by $500, and line 21 User & Program Fees - Beach be increased by $500, and all line numbers be adjusted accordingly.
There being no other persons present, desiring to be heard, public hearing was declared closed.
On motion of Councillor Logan, duly seconded, to adopt said ordinance on its second reading, as amended.
Town Administrator Shawn Brown reviewed the following:
Discussion centered around there is a 4% tax increase and seniors that qualify for the Tiered Tax Program and receive an increase in their exemptions may have a zero-tax rate increase or even a reduction in their tax bill.
A vote was taken at this time.
On motion of Councillor Logan, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.
2. (Continued from the June 23, 2022, Special Meeting)
Resolution of the Council, re: Tax Levy.
On motion of Councillor Logan, duly seconded, it was voted unanimously to pass said resolution.
3. 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.
Theresa Spengler, Middletown, addressed the Council noted concern that the entrance/exit on East Main Road to the Neon Gas Station is unsafe. Ms. Spengler suggests better signage and not allowing cars to have the ability to make a left turn out or left turn into the establishment from East Main Road.
4. Town Administrator will provide an update on Town Projects.
On motion of Councillor Logan, duly seconded, it was voted unanimously to begin the update on Town Projects.
Town Administrator Shawn Brown reviewed the following:
On motion of Councillor Logan, duly seconded, it was voted unanimously to act as a board of license commission.
5. (Advertised for public hearing)
Application of K &E Corporation, 120 West Main Road, holder of a Class BV Alcoholic Beverage License to TRANSFER said License to Napha Thai Cuisine, LLC dba Napha Thai Cuisine, for use at the same premises, licensing year 2021-2022.
On motion of Councillor Logan, duly seconded, it was voted unanimously to grant said license transfer.
On motion of Councillor Logan, duly seconded, it was voted unanimously to reconvene as a Town Council.
6. Application of Napha Thai Cuisine, LLC dba Napha Thai Cuisine, 120 West Main Road, for a Victualling House License for the 2021-2022 licensing year. (NEW)
On motion of Councillor Logan, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
Town Solicitor Peter B. Regan recused himself from acting on the following item of business, due to a possible conflict of interest.
7. Applications two (2) for Special Event Permits from AmpSurf a 501(c)(3) nonprofit organization for 1) VA (New England) Summer Sports Clinic to promote rehabilitation through sporting activities to be held at Sachuest Beach, Path 8 on Tuesday, July 12, 2022 and Wednesday, July 13, 2022 from 8:00 am to 4:00 pm (Applicant requests fees to be waived) and 2) Adaptive Surf Clinic to introduce veterans, amputees and special needs children to benefits of ocean therapy to be held at Sachuest Beach, Path 8 on Sunday, September 11, 2022 from 8:00 am to 2:00 pm. (Applicant request fees to be waived)
On motion of Councillor Logan, duly seconded, it was voted unanimously to grant said special event permits and waive said fees.
8. Application of More Joy Pickleball, LLC for Pickleball lessons and play at Howland Park beginning Monday, July 11th, 2022 through Monday, October 31st, 2022 on Mondays, Wednesdays, Thursdays from 4:30 pm to 7:30 pm and Saturdays from 8:00 am to 12:00 pm.
On motion of Councillor Logan, duly seconded, to grant said special event permit.
MJ Miniati (Mary Jean Minati), Narragansett and Mary Kate Bergen, Middletown, were present representing More Joy Pickleball to answer Council inquiries.
Discussion centered around that there is a lot of neighborhood activity at Howland Park, the parking at the Howland Park is limited, Howland Park was intended for passive recreation not for business use, many people in Middletown have reached out to MJ Miniati for Pickleball lessons, several people in the Howland Park neighborhood have reached out to the Council noting concern for lessons being held a Howland Park, the applicant has not reached out to neighbors of the park, the possibility of using Gaudet School Tennis Courts or Potty field for Pickleball lessons and the applicant is willing to work with the Town to find a suitable location for Pickleball lessons.
Mary Wray, Portsmouth, addressed the Council in support of allowing Pickleball lessons at Howland Park. Ms. Wray noted that she understands the Town’s concerns with holding Pickleball lessons at Howland Park.
Arleen Kaull, Middletown, addressed the Council noting that concerns with business activities at Howland Park, explaining it is not the intended use of the park. Ms. Kaull explained allowing business activities at the park would be an issue and opens the door to other business activities at that location.
A vote was taken
On motion of Councillor Logan, duly seconded, it was voted unanimously to grant said special event permit; Council President Rodrigues, Councillor Logan, Councillor Santos, Councillor Turano and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
9. Communication of Charlene A. Rose-Cirillo, Chairman, Middletown Beach Commission, re: Second Beach Upgrade Funding.
On motion of Councillor Logan, duly seconded, it was voted unanimously to receive said communication.
Town Administrator Shawn Brown noted that the Town is actively looking for grant funding for the project. Mr. Brown explained that he will attend the next Beach Commission meeting and report back to the Town Council.
Charlene A. Rose-Cirillo, Chairman, Middletown Beach Commission, joined by zoom noting that the Beach Commission is not looking for a new building, just upgrades and maybe an expansion of the current building.
10. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Logan, duly seconded, it was voted unanimously to receive said communication.
11. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Logan, duly seconded, it was voted unanimously to pass said resolution.
On motion of Councillor Logan , duly seconded, it was voted unanimously to adjourn said meeting at 7:26 p.m.
______________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri