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 Monday, June 6, 2022, at 5:30 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
POSTED JUNE 1, 2022
REGULAR MEETING JUNE 6, 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, June 6, 2022 at 5:30 P.M. Executive Session; Budget 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, 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: 826 4955 1093 or on the web at https://us02web.zoom.us/j/82649551093
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.
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), (5) Land Acquisition, (5) Land Acquisition, (2) Collective Bargaining (Library-NEARI), (2) Collective Bargaining (TEAMSTERS), (2) Collective Bargaining (NEARI), (2) Collective Bargaining (Middletown Association of Auxiliary Personnel/NEARI/NEA) and (2) Collective Bargaining (AFSCME – Council 94) - 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 5:32 p.m.
Council President Rodrigues recused himself from acting on executive session items regarding items(2) Collective Bargaining (Middletown Association of Auxiliary Personnel/NEARI/NEA) and (2) Collective Bargaining (AFSCME – Council 94) of business, due to a possible conflict of interest.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:13 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Library- NEARI contract.
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. Review of Town of Middletown Proposed Budgets and Capital Improvement Plan, General Fund, Parks & Recreation Fund, Sewer Fund and Refuse & Recycling Fund of the Fiscal Year 2022-2023 and matter related thereto.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin Review of Town of Middletown Proposed Budgets and Capital Improvement Plan, General Fund, Parks & Recreation Fund, Sewer Fund and Refuse & Recycling Fund of the Fiscal Year 2022-2023 and matter related thereto.
Town Administrator Shawn Brown addressed the Council noting the Saturday, June 4, 2022 Budget meeting, explaining the Administration is working on the Council questions from the meeting. Town Administrator Shawn Brown inquired the amount of monies the Council would like to appropriate for School Athletic Equipment and enhancements to the School Art Program. Mr. Brown also inquired if the Council is appropriating ARPA funds for the Children Youth and Family Department.
Discussion centered around the need to prioritize the school athletic equipment list, criteria for ARPA monies- classification for revenue loss can be covid related (Rescue Wagon, Hotel Tax, Meal Tax), the Town Administrator will review the athletic needs and art needs with the School Department, Councillor VonVillas noted the need for ARPA funds to be distributed fairly and be beneficial across the town, funding for Children Youth and Learning program coordinator and materials, the need for a job description for the Program Coordinator and Administrative Assistant and civic appropriation requests were provided to the Town Council.
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.
John Bagwill, Middletown, addressed the Council reviewing the following:
4. Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive an update on Town Projects by the Town Administrator.
Councillor Flynn gave the following update regarding the Middletown Outreach Committee :
· Has added two subcommittee members a teacher and parent.
· There are two more openings on the committee.
· Collaborating with School Department regarding the Beyond the Bell metrics.
· Collaborating with the Middletown Police Department and Middletown Fire Department for Adventure Academy week this summer.
· Collaboration with EBCAP on Parents as Teachers for fall.
· Exploring opportunities with FabNewport & Newport Mental Health.
· Looking into SmartBay, CERT and onsite neighborhood tutoring programs for youth.
· Requesting legislative and public support of Governor's MLCs budget & funding for a coordinator to continue meeting community needs.
Town Administrator Shawn Brown reviewed the following Town Business update, entered here:
5. Approval of Minutes, Regular Meeting, May 2, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, Special Meeting, May 4, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, Special Meeting, May 11, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Memorandum of Dan Lambe, Arbor Day Foundation Chief Executive, re: Congratulating Middletown on earning recognition as a 2021 Tree City USA.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
9. Communication of Joshua R. Karns, Esquire, on behalf of Crystal Sullivan, re: Notice of Injury on Public Way. (Council action is to refer to the Rhode Island Interlocal Trust)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and forward said notice to the Rhode Island Interlocal Trust.
10. Petition of National Grid & Verizon New England, Inc., re: Sachuest Drive, National Grid proposes to install new pole 10-50 for the installation of electric facilities to a proposed five lot subdivision known as Saltwood Farm. (Approval from the Roads & Utilities Advisory Committee received.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said petition.
11. Petition of National Grid & Verizon New England, Inc., re: Wave Avenue, National Grid proposes to relocate Pole 5 Wave Avenue, 20 feet South for the purpose of supplying electric to an EV Charging Station. (Approval from the Roads & Utilities Advisory Committee received.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said petition.
12. Application of Keystone Novelties Distributors, LLC dba Keystone Fireworks, 750 Aquidneck Avenue for RENEWAL of a Holiday Sales License for the 2022-2023 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
13. Application of Island Management, Inc. dba FLO’s Clam Shack, 4 Aquidneck Avenue for RENEWAL of an Amusement License for the 2022-2023 licensing year. (Acoustic and Duo/Trio)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
14. Application for Special Event Permit from Gnome Surf for Gnome Surf Therapy Lessons to be held at Second Beach Surfers End June 2022 through October 2022, Monday through Saturday. (Applicant respectfully requests all fees to be waived)
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit and waive all fees.
Christopher Antao joined the meeting by zoom to answer Council questions.
Discussion centered around times for surf therapy lessons will be from 5:00 pm to 8:00 pm, after beach hours for 45 minutes on rotating days, and Surf Therapy Day Camp (July 11th to August 18, 2022) runs from 10:00 am to 12:00 pm Monday thru Thursday.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.
15. Application for Special Event Permit from Gnome Surf for Fab Newport Gnome Surf Therapy Day Camp to be held at Second Beach Surfers End for 6 weeks beginning Monday, July 11, 2022 (Monday through Thursday) through August 18, 2022, from 10:00 am to 12:30 p.m. (Applicant respectfully requests all fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.
16. Communication of Michael Yates, MHS Girls Basketball Coach, re: Request for support for the North Kingstown Summer Basketball League.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize $450.00 to be appropriated from the Council President’s Discretionary fund.
Council President Rodrigues recused himself from acting on the following item of business, due to a possible conflict of interest.
17. Communication of Nicole H. B. Barnard, Attorney / Senior Staff Representative, AFSCME Rhode Island Council 94, American Federation of State, County & Municipal Employees, AFL-CIO, North Providence, RI, re: Request that some of the American Rescue Act funds go to the R.I. Council 94, Local 1823 members.( Members work in the Facilities and Maintenance Department at the Middletown Public Schools.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Vice President Welch Presiding.
Attorney Nicole H. B. Barnard, Senior Staff Representative, AFSCME Rhode Island Council 94, American Federation of State, County & Municipal Employees, AFL-CIO, North Providence, RI, addressed the Council reviewing the following:
Vice President Welch noted that Ms. Barnard has been before the Town Council previously and based on the Town Solicitor’s advice, the contract for Council 94 is negotiated by the School Committee, the Town Council has no authority on this matter. Mr. Welch noted that this request for funds is on the ARPA list.
Town Solicitor Peter B. Regan explained that the Town has not taken over the collective bargaining process for the School Department, only approval over budget expenditures. Mr. Regan noted the Town Council cannot negotiate with Council 94 Union.
David Rodrigues, Portsmouth, addressed the Council noting he is finishing his 29th year with the School Department. Mr. Rodrigues explained that the union has only received a 3% increase over the last 8 or 9 years, and the union members are frustrated and feel they need compensation. David Rodrigues noted that the group does not feel like they are being treated fairly.
Council President Rodrigues returned to the dais.
18. Memorandum of Paul A. Croce, Chairman, Planning Board, re: ARPA Funding Requests – Determination of Comprehensive Plan Consistency.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Jamie Lehane, representing Newport County Mental Health, addressed the Council respectfully requesting ARPA funding for 65 Valley Road Newport County Mental Health service site. Mr. Lehane explained the funding is to assist with more space for the staff.
Planning Board Chairman Paul A. Croce addressed the Council reviewing the memorandum above.
Discussion centered around the ARPA request metric used by the Planning Board was to determine if the ARPA request is NOT inconsistent with the Comprehensive Community Plan, NA’s and Yes projects within the listing of proposed projects are in compliance with ARPA monies and reviewing ARPA projects after the budget adoption.
19. Memorandum of Paul A. Croce, Chairman, Planning Board, re: Planning Board Recommendations – Middletown Center concept review.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues noted that there is a scheduled Public Meeting on June 29, 2022 at 6:00 pm at Town Hall regarding the project.
Discussion centered around that there may be a revised plan for the project, due to public comment at the Planning Board Workshop in April and Council requests copies of the revised plan at least a week prior to the June 29, 2022 meeting.
20. Memorandum of Finance Director, thru Town Administrator, re: Collection & Transport of Residential Waste Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
21. Resolution of the Council, re: Award of contract for Collection and Transportation of Residential Refuse.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #20.
Operations Manager Will Cronin reviewed the second page of the memorandum in item #20.
Discussion centered around there is no change in the bag price for program participants, an increase in the sticker price must be done by Ordinance amendment, the reserves are being used to pay for the increase in the contract, the difference between the contract cost and revenue received from member fees is approximately $180,000, the number of participants in the program, the need to increase participation for program to remain viable, changing the pickup day for Easton’s Point to Monday or Tuesday and tickets for Municipal Court have been issued to violators of the ordinance.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
22. Communication of Will Cronin, Operations & Facility Manger, re: Maintenance & Upkeep at Demery Park.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Operations Manager Will Cronin reviewed the communication above.
Discussion centered around the communication is to inform the Town Council that there will be maintenance done at the park, the work is being completed by the Department of Public Works and outside contractors/landscapers and Councillor Flynn requested that neighbors be notified of the proposed work.
Ed Sisk, Middletown, Demery Park Steward, addressed the Council noting the park gets a lot of use and is well maintained by the neighborhood, but needs a cleanup.
23. Memorandum of Town Administrator, re: Appointment of Town Councillor to the Regionalization Steering Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown noted that four more seats are being added to the Regionalization Steering Committee, which would be one Town Councillor from each community and one School Committee member from each community.
On motion of Vice President Welch, to appoint Councillor VonVillas.
Councillor Flynn noted the following:
“If this was done in a normal timeframe when committees would be formed and detailed analyses would be done over months or over years, I would be first in line. It is something I am very interested in, I would want to be overseeing, and keep apprised of the direction it’s going. This year, at this time of year, with the accelerated and condensed schedule that Mr. Brown just proposed, I certainly don’t have the capacity to do it. I am grateful that we have someone on the council that can and is willing to.
I did want to say that it is unfortunate that those who have favored this concept since 2011 or even 2007, haven’t been actively collecting the data points in all these years to support their case. Because a case does have to be made for the Voters to vote with their eyes wide open.
I have to comment on this Scope of Services. My understanding, this is paid for by RIDE, $300,000, and it reads in a very specific direction. I am just going to read a few of the highlights here; that the Scope of Services is to: “support the school regionalization efforts,” “to identify benefits and opportunities,” “to prepare 2 different models for cost savings,” “to develop community engagement focused on desired outcomes,” “to perform a workshop to discuss financial cost savings, opportunities,” “possible additional programs,” “provide relevant good practices,” “to document successes,” more “educational and financial opportunities.” My concern is that: there is not the other side being presented by this consultant. There’s more than just opportunities, there’s risks. There’s more than just savings, there’s added expenses.
The research that’s typically done before something like this even goes to the General Assembly, was eliminated. So that we could meet a deadline, that got eliminated; so that we would have the opportunity, with the understanding that ok, all the research will be done to show that [regionalization] is a good idea, to show the voters and the council that it’s a good idea. This Scope of Services seems very one-sided to me. I think, with the research eliminated, our counterparts in Newport, Councilors Bova & McCalla, they were justified in their vote to say “No” because there was no data points. There is still no data points - right now. There is no statistical evidence other than the buildings’ reimbursement. That is all we have right now.
I need to say that I am concerned that the Middletown bond that is being proposed in conjunction with [regionalization] is still an out-of-pocket obligation from the taxpayers of over $45M. Now, back in January, when the Bond Council was here, that was a “bold move” for Middletown, and it would come close to maximizing [Middletown’s] borrowing capacity. I don’t think that’s changed.
So, whoever is the appointee for the Steering Committee, I hope that they are prepared to demand, not just the cost savings and the advantages and the opportunities as this Scope of Services wants to present, and only seems to want to present, but the risks, and the downsides and the areas of increased expenses. It is critical to have both sides identified and publicized. I was really disappointed that the pros and cons were not part of this. The Voters cannot possibly vote with their eyes wide open without both sides, so I am asking our appointee to demand that all sides are presented, the good and the bad, so that we can make an informed decision.
Thank you.”
Discussion centered around the need for information regarding regionalization pros and cons,
the Town has a very aggressive timeline to obtain information regarding regionalization, working to be in step with Newport and public meetings will be held in person Monday, June 20th at the Wyndham Newport 3:30 pm to 5:30 pm and 6:00 pm to 8:00 pm in person and a virtual meeting in English on Tuesday, June 21, 2022, 6:00 pm to 8:00 pm and a virtual meeting in Spanish on Wednesday, June 22, 2022, 6:00 pm to 8:00 pm.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Councillor VonVillas.
24. Memorandum of Finance Director, re: Financial Report – Ten Months Ended April 30, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the memorandum above and the information below:
Financial Report for 10 months ended April 30, 2022
(preliminary and unaudited)
June 6, 2022 Town of Middletown Docket Item # 24
General Fund
(p. 3 – 29)
• Total expenses exceeded revenues by $1.75M
• Tax collections are $861K higher than the same period last year
• Building permit revenue is $190K
• Hotel and meals tax is $682K higher
• Real estate transfer tax is $10K lower
School Department
(p. 30 - 49)
• Total revenues exceeded expenses by $0.86M
• School general fund revenues exceeded expenses by $2.78M
• For all other school funds expenses exceeded revenues by $1,924K
• In the prior month the projected deficit was $1.27M. As of this reporting period, the projected
deficit is now $1.6M.
Parks & Recreation
Fund
(p. 50 - 56)
• Total expenses exceeded revenues by $141K compared to $521K in the prior fiscal year
• Current year capital replenishment income is $323K compared to zero in the prior fiscal year
• Current FYTD beach revenue is $84K higher than prior FYTD
Sewer Fund
(p. 57 – 60)
• Total revenues exceeded expenses by $233K compared to $14K favorable change in the prior
fiscal year
•
Refuse & Recycling
Fund
(p. 61 – 62)
• Total revenues exceeded expenses by $139K compared to $203K favorable change in the
prior fiscal year
• Pay as you throw (PAYT) bag sales are $24K lower than the same period last year
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:12 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri