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, March 21, 2022, at 6:03 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 MARCH 16, 2022

REGULAR MEETING MARCH 21, 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, March 21, 2022, at 6:00 P.M. 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, extended to March 19, 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: 835 8473 9646  or on the web at https://us02web.zoom.us/j/83584739646

 

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)

 

EXECUTIVE SESSION

 

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, (5) Lease (JFK School),  (1) Collective Bargaining (NEARI) (1) Collective Bargaining (TEAMSTERS), (1) Collective Bargaining (FOP), (1) Collective Bargaining and (2) Potential Litigation  - review, discussion and/or potential action and/or vote in executive session and/or open session.

 

ADDENDUM TO TOWN COUNCIL AGENDA

ADDITION TO ITEM #1

 

1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a) (2) Litigation (Opioid Litigation).

 

           On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:05 p.m.

 

           On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:43 p.m.

 

           On motion of Council President Rodrigues, duly seconded, it was voted unanimously to approve the opioid settlement.

 

           On motion of Council President Rodrigues, duly seconded, it was voted unanimously to appoint the Town Administrator to negotiate the TEAMSTERS contract.

 

           On motion of Council President Rodrigues, duly seconded, it was voted unanimously to authorize the Town Administrator to execute a memorandum of understanding for the $3500.

 

           On motion of Council President Rodrigues, duly seconded, it was voted unanimously to authorize the Town Administrator to modify the lateral transfer language, to allow lateral transfers to remain in the MERS system.

 

           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 recused himself from acting on the following, item#2, due to a possible conflict of interest.

 

PUBLIC FORUM

 

2.    Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must 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.

 

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 addressed the Council requesting that some of the American Rescue Plan Act funds, that Middletown receives, go to the local Council 94, who work in the Facilities and Maintenance Department at the Middletown Public Schools. Ms. Barnard explained most of the members are the lowest paid employees in Middletown and work hard every day to keep the schools functioning and clean for the town. Nicole Barnard noted they continued to work in person during Covid, exposing themselves to Covid repeatedly at work, stating these union members all work hard and take pride in making the Middletown Schools run well. Ms. Barnard noted record high inflation in numerous years and the union has accepted zero percent raises. They are essential employees who are experiencing the impact of rising inflation. Ms. Barnard requests an item regarding this issue be placed on the next Council agenda.

 

 

Antone Viveiros, Middletown, addressed the Council explaining a few years ago, Council President Robert Sylvia proposed merging the School Department’s Maintenance, Finance Department and Human Resource Department with the town, that proposal was voted on and passed by the Council, but never implemented. Mr. Viveiros noted that the town has the right circumstances to do that at this point, suggesting that the council move expeditiously and merge these departments, while trying to find out what went wrong in the School Department expenditures.

 

PRESENTATION

 

3.    Memorandum of Town Administrator, re: Remote Net Metering - Presentation by Clean Economy Development, LLC.

 

           On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.

 

Town Administrator Shawn Brown reviewed the memorandum above.

 

Julian Dash, Managing Partner, Clean Economy Development, LLC, presented a PowerPoint RFP #18-009 Update Review and Approval of Remote Net Metering Contract, which is on file in the Office of the Town Clerk.

 

Discussion centered around the length of the contract is 25 years, there is no opt out clause unless the vendor cannot deliver, Mr. Dash presented this same information in January 2019, the developer in 2019 NRG decided they did not want a long-term investment with the state which included the Cities and Towns, NRG sold the project, and the developer who assumed the project was not able to fulfill the contractual time.

 

4.    Resolution of the Council, re: Award of Remote Net Metering (RNM) Contract to Green Development, LLC.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

 

Councillor Longan requested that item #8 be heard under the regular portion of the agenda.

 

CONSENT

 

5.    Approval of Minutes, re:  Regular Meeting, March 7, 2022.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.

 

6.    Communication of Sarah Karns Burman, Esquire, through Cheyneicka I. Frazier, on behalf of Robert Ray Frazier-Robinson, Jr., re:  Claim for personal injuries. (Council action to receive)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and forward claim to the RI Interlocal Risk Management Trust.

 

7.    Communication of Dennis E. Hoyle, CPA, Auditor General, re:  Granting extension to March 31, 2022, for submission of the Town of Middletown audited financial report and management letter.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.

 

8.    Petition of National Grid to install Pole 4-50 for the purpose of supplying electric to EV charging station – Wave Avenue. (Council action to forward request to the Roads and Utilities Advisory Committee for review and recommendation)

 

On motion of Vice President Welch, duly seconded, to receive said petition and forward to the Roads and Utilities Advisory Committee for review and recommendation.

 

Councillor Logan noted that he wanted to go on record with this item, explaining the Council has  been talking about undergrounding utilities in the Eastern Point area district for a while. Mr. Logan state National Grid now wants to put another poll up, which goes against everything the Council wants in that area. Councillor Logan explained the poll will be between 2 standing polls to install an EV charging station. Mr. Logan noted he is fine with this item being referred to the Roads and Utilities Advisory Committee, but wants the committee to consider the vision of the Council, which is to get the utilities undergrounded, not add more utilities in the sky.

 

Council President Rodrigues noted that Vice President Welch is liaison to the Roads and Utilities Advisory Committee and can pass along Council concerns regarding the request.

 

Town Administrator Shawn Brown noted it is standard procedure to forward National Grid requests to the Roads and Utilities Advisory Committee. Mr. Brown explained the item will come back to the Council with the Committee recommendation.

 

Councillor Flynn noted the area where the poll will be placed has a zoning overlay district and there are streetscapes that are going to be in the area. Councillor Flynn suggested if the Roads and Utilities Advisory Committee needs information regarding the overlay district and streetscapes, the Town Planner will be able to assist.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said petition and forward to the Roads and Utilities Advisory Committee for review and recommendation.

 

9.    Applications received from the following named persons, firms and corporations for RENEWAL of Sunday Selling Licenses for the 2022-2023 licensing year. (See Attached List)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.

 

10.  Applications received from the following named persons, firms and corporations for RENEWAL of Holiday Licenses for the 2022-2023 licensing year. (See Attached list)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.

 

PUBLIC HEARINGS

 

11. Public Hearing (Advertised; Abutters Notified)

 An Ordinance of the Town of Middletown (First Reading)

 An Ordinance in Revision to the Comprehensive Community Plan.

 The future land use plan, map L-4, of the Land Use element of the Middletown Comprehensive Community Plan is amended to bring consistency between the Future Land Use Plan and the Town’s Zoning Map for selected parcels fronting on Toni-Lynn Terrace and Reservoir Road, Subject parcels are identified on attached map. (Planning Board recommendation on file)

 

Public Hearing was declared open.

 

Town Planner Ronald Wolanski addressed the Council giving an overview and reviewed the memorandum, entered here:

 

Enter memo

 

Mr. Wolanski noted the residents in the area support this change.

 

Councillor Flynn noted she applauds the residents in the area for getting involved.

 

There being no other person present desiring to be heard, public hearing will remain open.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.

 

12.  Public Hearing (Advertised; Abutters Notified)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, is amending the Zoning Map to change the zoning district designations for certain properties fronting on Toni-Lynn Terrace and Reservoir Road. Subject parcels are identified on attached map. (Planning Board recommendation on file)

 

Public Hearing was declared open.

 

Town Planner Ronald Wolanski addressed the Council noting this is the second part of the change for Toni Lynn Terrace, which will make the zoning consistent with the Comprehensive Community Plan.

 

There being no other person present desiring to be heard, public hearing will remain open.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.

 

13.  Public Hearing (Advertised; Abutters Notified)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Revision to the Comprehensive Community Plan.

The future land use plan, map L-4 of the Land Use element of the Middletown Comprehensive Community Plan is amended to bring consistency between the Future Land Use Plan and the Town’s Zoning Map for selected parcels fronting on Aquidneck Avenue, Browns Lane, Carriage Trail, Dexter Street, East Main Road, Fairway Drive, Goldenrod Drive, Green End Avenue, Johnson Terrace, Loring Street, Meadow Lane, Mitchell’s Lane, Morrison Avenue, Oakwood Road, Prospect Avenue, Ridgewood Road, River Run Road, Turner Road, Wayside Avenue, Wintergreen Drive, Wood Terrace and Wyatt Road. Subject parcels are identified on attached map. (Planning Board recommendation on file)

 

Public Hearing was declared open.

 

Council President Rodrigues noted that he lives on Prospect Avenue, this is not within the area he lives and Vice President Welch lives on Mitchell’s Lane, this revision does not affect him.

 

Town Planner Ronald Wolanski addressed the Council reviewing the memorandum, entered here:

 

Enter memo

 

Mr. Wolanski noted that there is no change to the zoning in these areas, this revision allows for consistency between the current zoning and the Comprehensive Community Plan.

 

There being no other person present desiring to be heard, public hearing will remain open.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.

 

ORDINANCES

 

14.  An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, is amending Section 34.70 Tax Classification System.

 

On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.

 

Town Administrator Shawn Brown noted that the Town sent a mailer to residents regarding the Tiered Tax program and many applications have already been filed.

 

Antone Viveiros, Middletown addressed the Council, reviewing his communication in item #16. Mr. Viveiros suggested that the Council delay implementation of the Tiered Tax program to after the November 2022 Election, to allow approval of the program by the electors.

 

Town Solicitor Peter B. Regan explained the program does not require voter approval; state law allows a change. Mr. Regan noted this is not a new tax and does not impose a tax; it is a change to the tax classification system, which the Town is authorized to make under existing law.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.

 

15.  An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code of the Town of Middletown, Title IX General Regulations, Chapter 94 Streets, Sidewalks and Public Places, is amended by adding a new Section 94.07 Esplanade Sidewalks.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.

 

OTHER COMMUNICATION

 

16.  Communication of Antone C. Viveiros, re:  Tiered Residential Tax Program (TRTP).

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.

 

TOWN COUNCIL

 

17.  Communication of Council President Rodrigues, re:  Request for support of a performance audit of the School Department’s finances.

 

On motion of Vice President Welch, duly seconded, to receive said communication.

 

Council President Rodrigues noted that in November the Town Council was informed that the School Department had a deficit in the previous year budget. Council President Rodrigues explained in January the Town Council was notified the School Department was in a favorable position and then last week the Town Council was notified by the School Department of a deficit of 1.259 million. Mr. Rodrigues explained there is no faith in the numbers and requests support for a performance audit to figure out the true numbers. Council President Rodrigues noted the need to work with the School Department to resolve the issue with budget season approaching.

 

Council President Rodrigues, reviewed the following communication from School Committee Chair Theresa M. Silveira Spengler, entered here:

 

Enter communication

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.

 

Item # 20 was addressed at this time.

 

This item was addressed after item #20.

 

18.  Memorandum of Councillor Flynn, re:  Marijuana Update.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Councillor Flynn reviewed the memorandum above and request a timeframe.

 

Town Solicitor Peter B. Regan reviewed the following fact sheet for Cannabis Legalization & Regulation Legislation, dated March 1, 2022, entered here:

 

Enter Fact Sheet

 

Town Administrator Shawn Brown reviewed the following Rhode Island League of Cities and Towns Summary of House & Senate Marijuana Legalization Bills (H7593 and S2430), entered here:

 

Enter Summary

 

Discussion centered around a potential opt out clause, if there must be a Town wide referendum to prohibit the retail sale of marijuana and that the Town Solicitor will review the legislation, speak to the local delegation, and return to the Council with an update.

 

19.  Memorandum of Councillor Flynn, re:  Update Request – Purgatory Sidewalk/RIDOT Inquiry.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Councillor Flynn reviewed her memorandum above.

 

Town Administrator Shawn Brown noted 1) RIDOT has not provided a response on alternative materials for the project, 2) the Engineers are not working on the project until there is a definitive answer from RIDOT and 3) Congressmen Cicilline’s Office has contracted the Town regarding potentially receiving additional funding for the project.

 

Karen Barbera, Middletown, addressed the Council noting there is a product called Flexi Pave that could be used to construct the sidewalk, which is green, environmentally friendly, is ADA compliant, porous and lasts 30 years. Ms. Barbera explained the product has been used in Washington, DC public areas and at the Arlington Cemetery. Ms. Barbara noted the product is less costly than concrete and will forward information on this product the Town Administrator.

 

TOWN ADMINISTRATOR

 

20.  Memorandum of Town Administrator, re:  FY2023 School Department Budget Concerns.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Town Administrator Shawn Brown reviewed the memorandum above and the communication from School Committee Chair Theresa M. Spengler. Mr. Brown noted that the School Department has hired an interim Business Manager to aid the School Department’s Business Office. Mr. Brown explained a performance audit targets specific areas, will focus on exactly what happened and improve protocols. Mr. Brown notes the State Statue states if the School Committees budget is overspent, the Town can take over approval of the schools purchasing process. Finance Director Marc Tanguay will be the approving authority for school purchasing. Town Administrator Shawn Brown explained that the Town wishes to assist the school department in solving the budget problem.

 

Discussion centered around the need to have an accurate deficit number, an extension was filed for the Town’s audit, the school business office hiring an interim Business Manager and if the person is a CPA, the Town was unable to prepare accurate financial statements without correct information from the School Department,  the differences between an annual audit and a performance audit, the cost of a performance audit is unknown and will have to be priced out, no one was present from the School Department, only School Committee member William O’Connell was present at the meeting tonight and concern with the upcoming budget number accuracy.

 

On motion of Councillor Turano, duly seconded, the Town Council cast a vote of no confidence in the Middletown Superintendent Rosemarie Kraeger.

 

Discussion centered around if there were any legal implications of the motion above, the need for the Town Council and School Committee to work together moving forward, and the need for the Superintendent to have a qualified School Business Manager.

 

Bill O’Connell, School Committee Member, noted support for the audit, explaining the overspending was not done on purpose. Mr. O’Connell stated the areas of overspending were due to out of district tuition, special education, and transportation costs, explaining there are many state mandates and costs are increasing.

 

Rick Lombardi, Middletown, addressed the Council noting the shell game and pointing of fingers is not new. Mr. Lombardi stated there has been a difficult history with the Town Council and School Committee, explaining the School Committee will state they were underfunded by the Town Council. Mr. Lombardi expressed the need for a performance audit.

 

Theresa Spengler, School Committee Chair, addressed the Council explaining they were not notified they needed to be present at the Town Council meeting. Ms. Spengler noted the School Committee was forthcoming with reporting the budget shortfall and overspending. Ms. Spengler explained the use of fund balance used for shortfalls in the School Department budget and the School Committee will be receiving the School Department budget at the School Committee meeting this week.

 

Discussion centered around if the school department was notified to attend the Council meeting, the item’s related to the school department budget were on the Council agenda, a plan is in place to address the overspending of the school department which is outlined in the communication provided to the Council by the School Committee Chair, multiple years of no increase in the school budget created a deficit, the finance director will take over the school department’s purchasing until the deficit is resolved, the school department will not turn away assistance with the school finances and bonuses paid to the school department staff in lieu of receiving a percentage increase in pay.

 

Antone Viveiros, Middletown, addressed the council noting the merging of the Town and School Finance Departments would be a step in the right direction to correct the problem.

 

Councillor Santos left the dais while Mr. Viveiros was addressing the Council.

 

The motion above was voted on at this time.

 

On motion of Councillor Turano, duly seconded, it was voted that the Town Council cast a vote of no confidence in the Middletown Superintendent Rosemarie Kraeger; Council President Rodrigues, Vice President Welch, Councillor Logan, and Councillor Turano voted YES; Councillor Flynn and Councillor VonVillas voted NO; Councillor Santos was not present for the vote.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Town Administrator to hire a company to carry out a performance audit for the school department’s finances. Councillor Santos was not present for the vote.

 

Councillor Santos returned to the dais.

 

Discussion centered around bonuses given to the School Department instead of salary increases, the Town Administrator has never received a bonus, and many businesses have the practice of giving bonuses vs salary increases.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 9:05 p.m.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 9:16 p.m.

 

Item #18 was addressed at this time.

 

21.  Memorandum of Town Administrator, re:  FY2023 Consolidated Budget.

 

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 a delay of the submission of the fiscal year 2023 consolidated budget to May 1, 2022.

 

22.  Memorandum of Town Engineer and DPW Director, to the Town Administrator, re:  Shore Drive, Crossman Engineering report dated March 12, 2022.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.

 

Town Administrator Shawn Brown noted that there was a 100-year rainstorm and there were flooding issues in the area. Mr. Brown explained the Town retained Crossman Engineers to review the area and present recommendations for drainage improvements.

 

Town Engineer Warren Hall addressed the Council reviewing the memorandum above.

 

Discussion centered around if shoreline access can be improved if drainage construction is done in the area and consideration to replace the waterlines in the area if drainage construction happens.

 

Larry Connell, Middletown, addressed the Council thanking them for their attention to the drainage issues in the Shore Drive area.

 

Kevin Burke, Middletown, addressed the Council explaining that the CRMC Right of Way Y-5 is in a null zone, which is land that is not taxed or theoretically not owned by anyone. Mr. Burke noted it is at the point where the flood waters reach their maximum destructive power and potential and suggests utilizing that area for drainage.

 

Councillor Flynn inquired the price for the project and resolution.

 

Town Administrator Shawn Brown noted the need for the Town to endorse the recommendations by the Engineers and the Town will work on funding options.

 

Councillor Flynn inquired if American Rescue Plan Act (ARPA) funds can be utilized for this project.

 

Town Administrator explained the ARPA funds are eligible for stormwater projects.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the recommended long term and interim improvements set forth in the March 14, 2022, memorandum (above) from the Town Engineer and DPW Director, pending appropriation of necessary funding.

.

23.  Memorandum of Town Engineer and DPW Director, to the Town Administrator, re:  Birchwood Drainage, Crossman Engineering report dated March 2022.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.

 

Town Administrator Shawn Brown noted this is another report with the same circumstances as item #22.

 

Town Engineer Warren Hall addressed the Council reviewing the memorandum above. Mr. Hall also reviewed the report, which is on file in the Office of the Town Clerk.

 

Discussion centered around the route the pipe takes on Brown’s Lane, the project will go out to bid, there are no interim steps for the project like the Shore Drive project because the interim steps have been done, the paving of the road once the project is complete, the retention pond near the former Benny’s store has lowered in the past and funding is needed to complete the project.

 

Diane Andrews, Middletown, addressed the Council noting the 100-year rainstorm has dawned quite a few times. Ms. Andrews inquired if when it rains does the Council have to check their basements for flooding.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the recommendation set forth in the March 14, 2022, memorandum (above) from the Town Engineer and DPW Director, pending appropriation of necessary funding.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:13 p.m.

 

                                                                                                                                      

Wendy J.W. Marshall, CMC

Council Clerk

Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri

 

 

 

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