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, May 16, 2022, at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn, arrives at 6:38 pm
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
POSTED MAY 11, 2022
REGULAR MEETING MAY 16, 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, May 16, 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, 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: 895 0706 1277 or on the web at https://us02web.zoom.us/j/89507061277
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, (2) Collective Bargaining (FOP), (2) Collective Bargaining (TEAMSTERS), (2) Collective Bargaining (NEARI) and (2) Potential Litigation - 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 6:02 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Memorandum of Agreement with the FOP and authorize the Town Council President to executive the agreement.
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. 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.
Council President Rodrigues recused himself from action on this item of business, due to a possible conflict of interest.
Vice President Welch presiding.
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 requests the Town Council to allocate $3,000 per employee for all members of local Council 94.
Council President Rodrigues presiding.
3. Memorandum of Town Administrator, re: Budget.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Finance Director Marc Tanguay reviewed a PowerPoint presentation, which is on file in the Office of the Town Clerk.
Councillor Flynn arrives as 6:38 pm.
Councillor Flynn requested that item #7 be heard under the regular portion of the agenda.
4. Communication of Karen A. Alegria, Attorney-At-Law, on behalf of Sharon Rust, re: Claim for personal injuries. (Council action to receive and forward to the RI Interlocal Trust)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and forward the claim to the RI Interlocal Trust.
5. Application of Aspire Dermatology, LLC dba Aspire Dermatology, 102 Valley Road for RENEWAL of a Holiday Sales License for the 2022-2023 licensing year.
6. Application of The Pub at Two Mile Corner, Inc., 10 Maple Avenue for RENEWAL of an Amusement License for the 2022-2023 licensing year. (Acoustic, DJ, Small Band, Duo/Trio and Karaoke)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
7. Resolution of the Council, re: Requesting amendments to Title 45, Towns and Cities, Chapter 21, Retirement of Municipal Employees, R.I. General Laws § 45-21-8 Membership in system.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Councillor Flynn requested an explanation of this resolution for clarification for the public.
Town Administrator Shawn Brown explained the document is a change to legislation. Mr. Brown noted there are three components, the first is related to the police union (FOP) which earlier this evening the council made a change in their pension plan where new employees and lateral employees would be enrolled into the state's defined benefit plan, as opposed to the defined contribution plan. Town Administrator Shawn Brown explained the second and third components are related to the town hall and the teamsters’ unions, those employees when hired or come in from another organization right now are enrolled in a defined contribution pension plan, this change will enroll the employee into the states defined pension plan.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
8. Application for Special Event Permit from The Sacred Center for Community Yoga on the Beach with Reverend Shelley Dungan to be held at Third Beach, Saturdays beginning June 4th through August 27th from 8:00 am to 9:00 am and Tuesdays beginning June 14th through September 19th from 6:00 pm to 7:00 pm.
On motion of Vice President Welch, duly seconded, to grant said special event permit.
Lori Silvia, Middletown addressed the Council noting the plan is to begin on June 14, 2022. Ms. Silvia explained she is very flexible with the class time on Saturdays.
Councillor Flynn requested the applicant to shift the class location out of the entrance pathway.
Discussion centered around parking in the Middletown resident lot on Saturdays, making sure participants leave the beach/parking lot if they do not have the proper parking pass/beach sticker, the area where the yoga takes place, dogs on the beach and the time that the class is offered on Saturdays.
A vote was taken.
On motion of Vice President Welch, duly seconded, to amend the permit to Saturdays from 7:30 am to 8:30 am, it was voted unanimously to grant said special event permit.
9. Memorandum of Town Engineer, re: Paradise Avenue Sewage Pump Station Presentation, Public Hearing required by the Rhode Island Department of Environmental Management approval process is a public meeting (held with Roads & Utilities on February 3, 2022) and a public hearing.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Engineer Warren Hall reviewed the memorandum above.
Public Works Director Robert Hanley was present to answer Council questions.
Discussion centered around the Roads and Utilities Advisory Committee had a public meeting regarding the pump station in February, there was no public input at the meeting, the meeting was advertised, there was no notification to abutters, work at the pump station will be done during the off season, the current generator in the pump station is 43 years old, the average life expectancy of the generator is 30-35 years, the parts for the current generator are no longer available, the cost is approximately $150,000 to replace, the funding for the project is coming from the Capital Improvement Program, the project must go out to bid and the possibility of coordinating other projects to be completed at the same time.
10. Public Hearing (Advertised)
Improvements to the Paradise Avenue Sewage Pump Station.
To open the Public Hearing
There being no person present desiring to be heard, public hearing was declared closed.
11. Communication of Cheryl G. Robinson, President of Turning Around Ministries, Inc., re: Request for support by placing an ad in the Souvenir Book or making a contribution to TAM.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and place a ½ page ad in the TAM Souvenir Booklet ($70.00) to be appropriated from the Council President Discretionary Fund.
12. Communication of Tax Assessor and Finance Director dated April 25, 2022, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
13. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
14. Communication of Tax Assessor and Finance Director dated May 3, 2022, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
15. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
16. (Continued from the May 2, 2022, Regular Meeting)
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, requesting an update on pending legislation.
Town Solicitor Peter Regan updated the Council regarding the pending legalization of marijuana, noting the General Assembly would be considering the matter in the near future and the Town would be required to have a referendum on the ballot if they wished to opt out of marijuana sales in the Town.
On motion of Councillor Logan, duly seconded, it was voted unanimously to recess at 7:25 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 7:33 pm.
17. To discuss enabling legislation related to Middletown/Newport Regionalized School District and matters related thereto.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said discussion regarding enabling legislation related to Middletown/Newport Regionalized School District and matters related thereto.
Town Administrator Shawn Brown reviewed the history of the regionalization discussion with Newport, explaining the proposal is to combine school governance and the school administration with the City of Newport. Mr. Brown noted regionalization would allow for greater reimbursement from RIDE for the construction of a new elementary, middle and high school, each community would be responsible for their own current debt and future borrowing would be broken out by proportion. Shawn Brown explained the passage of the resolutions tonight allows for more discussion and research of regionalization before voting to place the question on the November ballot.
Mr. Brown reviewed a PowerPoint presentation which is on file in the Office of the Town Clerk.
Town Solicitor Peter Regan reviewed the structure of the governance for the joint school committee.
Chris Kalil, Middletown, noted concern with the possibility of regionalizing with Newport, explaining the idea had been voted down once before. Mr. Kalil stated the town is going down the wrong road and feels Middletown and Newport should remain separate.
School Committee Chair Theresa Spengler, Middletown, noted she does not support or oppose the concept and stated the need for more information regarding regionalization and what that means for both communities. Ms. Spengler explained the need to have the right stakeholders at the table for planning the regionalized school district to include the community, parents and educators involved. Ms. Spengler expressed concern with the structure of a combined school committee.
Discussion centered around the structure of the proposed school committee and finance committee, combining of the collective bargaining units for the schools, special education, and the students would not be displaced during the construction of the new school buildings.
Chris Semonelli, Middletown, noted support of the regionalization, commending the Town Council for the considering the idea. Mr. Semonelli reviewed his communication entered here:
Greg Huet, Middletown, noted support of regionalization explaining the cost savings makes sense. Mr. Huet noted public education is the responsibility of the community. Greg Huet stated the expense of building new schools without regionalizing is too costly for the taxpayers.
John Bagwill, Middletown, urged the Town Council to think about the financial implications of regionalization. Mr. Bagwill noted there are significant differences between the two school systems.
Senator Louis DiPalma, Middletown, noted this is a historic opportunity and it is an investment in the future of students in Middletown. Mr. DiPalma explained he will ensure the legislation is submitted to the General Assembly for consideration.
Mario Carreno, RIDE, joined the meeting by zoom, explaining that Middletown School buildings are approaching 70 years of age, and it does not make sense to invest in the old facilities. Mr. Carreno noted that voting to support the resolution today still allows time to answer questions regarding regionalization before voting to put the question on the November ballot.
Councillor Flynn clarified the following: roles of both the regional school committee and joint finance committee, that the Special Act is supplemental to Article 16, which school buildings are included in the regional school district, and that the issue has not yet been fully vetted.
Discussion centered around the need to be able to continue the discussion of school regionalization before voting to place the question on the ballot, the previous school renovation plans submitted by the school building committee were rejected by RIDE, the need to improve town services while being fiscally responsible, the students from each community will remain in the schools in their respective communities, the need to improve the curriculum and educational opportunities, the financial incentives for regionalization, the process for ratification of teachers contracts, and the need to have accurate enrollment numbers including pre-K when planning for construction of new school buildings.
18. Resolution of the Council, re: MEMORIALIZING THE GENERAL ASSEMBLY TO ENACT LEGISLATION AUTHORIZING THE CITY OF NEWPORT AND THE TOWN OF MIDDLETOWN TO ESTABLISH A REGIONAL SCHOOL DISTRICT AND PROVIDING FOR STATE AID FOR SCHOOL HOUSING COSTS OF AT LEAST 80% OF DEBT SERVICE FOR EXPENDITURES ELIGIBLE FOR STATE AID.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
19. To discuss enabling legislation for school bonds in a principal amount not to exceed $235,000,000.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said discussion regarding enabling legislation for school bonds in a principal amount not to exceed $235,000,000.
20. Resolution of the Council, re: MEMORIALIZING THE GENERAL ASSEMBLY TO ENACT LEGISLATION AUTHORIZING THE TOWN OF MIDDLETOWN TO ISSUE NOT TO EXCEED $235,000,000 GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, REPAIR, LANDSCAPING, FURNISHING AND EQUIPPING OF NEW ELEMENTARY, MIDDLE AND HIGH SCHOOLS AND SCHOOL FACILITIES THROUGHOUT THE TOWN, AND ALL ATTENDANT EXPENSES INCLUDING, BUT NOT LIMITED TO, ENGINEERING AND ARCHITECTURAL COSTS, PROVIDED THAT THE AUTHORIZATION SHALL BE REDUCED BY THE AMOUNT OF CERTAIN GRANTS RECEIVED FROM STATE BOND PROCEEDS, FROM THE RHODE ISLAND DEPARTMENT OF EDUCATION OR FROM THE RHODE ISLAND SCHOOL BUILDING AUTHORITY.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:49 p.m.
_________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri