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, November 7, 2022, at 6:01 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Councillor Christopher M. Logan, Absent
POSTED NOVEMBER 2, 2022
REGULAR MEETING NOVEMBER 7, 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, November 7, 2022 at 6:00 P.M. Executive Session and 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: 841 1383 5586 or on the web at https://us02web.zoom.us/j/84113835586.
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)
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) and (1) Personnel (Non-Classified Employees) - 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.
Council President Rodrigues recused himself from acting on the personnel (Non-Classified Employees).
Vice President Welch presiding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:59 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the fiscal impact statement for the teamsters.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Town Administrators Salary recommendation for non-classified employees, as amended.
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 presiding at 7:00 p.m.
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.
No one spoke during this session until after #6.
Matt Kirby, Middletown, requested the Purgatory Road sidewalk project be added to the next Town Council agenda for the neighbors to attend and give input. Mr. Kirby will send a request to the Council Clerk to address the Council at its next regular meeting.
Item #7 was addressed at this time.
3. Approval of Minutes, Regular Meeting, October 17, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
4. Resolution of the Council, re: Proclamation – Middletown Stonewall Recognition Day – Monday, November 21, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
5. License of Burial, re: Marsha A. Lord and Mark W. Lord, Graves 8 and 9, Section 56.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of burial.
6. Application of Bahij Boutros dba Baja’s Fresh Grill IIII, LLC, 330 West Main Road for a Victualling House License for the 2022-2023 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Department of Health approvals.
7. Communication of Police Chief, re: Non-Emergency Police Powers – Memorandum of Understanding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
8. Resolution of the Council, re: Allowing the Police Department of the Town of Middletown to Collaborate with Nonadjacent Rhode Island Municipalities and Police Departments through a Statewide Mutual Aid Agreement.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Police Chief William Kewer reviewed the communication above in item #7.
Town Solicitor Peter Regan explained that the passage of the resolution is subject to the final review of the mutual aid agreement.
Discussion centered around the agreement is to allow for non-emergency collaboration throughout the state for policing, Middletown police officers would get paid Middletown’s payrate, Middletown is responsible for their own personnel, and there is no union issue with this agreement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend the motion above, subject to final review of the mutual aid agreement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution, as amended.
9. Memorandum of Finance Director, thru Town Administrator, re: Contract award: Natural Gas Procurement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
10. Resolution of the Council, re: Contract award: Natural Gas Procurement – Direct Energy.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum above #9 .
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
11. Communication of Tax Assessor and Finance Director dated September 29, 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.
12. 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.
13. Communication of Tax Assessor and Finance Director dated October 5, 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.
14. 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.
15. Communication of Town Clerk and Accounts Payable Clerk, re: Request Town Council to match employee donations for adopting a family.
On motion of Vice President Welch, duly seconded, to receive said communication and authorize $600.00 to be allocated from the Town Council President’s Discretionary Fund.
Town Clerk Wendy Marshall explained the Town contacted the Women’s Resource Center to adopt a Middletown family and requests the Town Council to match Town employee donations.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize $600.00 to be allocated from the Town Council President’s Discretionary Fund.
16. Email communication of Kerrie James, re: Resignation for the Middletown Center Citizen’s Advisory Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication with regret.
Council President Rodrigues thanked the Town Council members, Town Administrator and Department Heads for their time and commitment to the Town and extended best wishes for the election.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:23 p.m.
Wendy J.W. Marshall, CMC
Council Clerk