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, October 17, 2022, at 5:31 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, Arrives at 5:36 pm
Councillor Barbara A. VonVillas, Members Present
Assistant Town Solicitor Michael Monti, Present
AMENDED AND POSTED OCTOBER 12, 2022
Presentation now at 5:30 PM – Executive Session moved to the end of the meeting and new items #2 and #3.
POSTED OCTOBER 11, 2022
REGULAR MEETING OCTOBER 17, 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, October 17, 2022, at 5:30 P.M. Presentation 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: 823 9862 2592 or on the web at https://us02web.zoom.us/j/82398622592 .
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. Presentation – Middletown & Newport Public Schools Regionalization.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Council President Rodrigues and Vice Present Welch presented a PowerPoint presentation regarding Middletown & Newport Public Schools Regionalization, which is on file in the Office of the Town Clerk.
Mayor Jean Napolitano from the City of Newport was also present and participated in the presentation.
There will be a Town of Middletown and City of Newport joint meeting on October 24, 2022, at 6:30 pm, CCRI Newport Campus, 1 John Chafee Blvd., Newport, RI regarding School Regionalization.
2. Memorandum of Finance Director, re: Award of Contract – Architectural Services – Town of Middletown and Middletown Public Schools as detailed in RFQ# MIDD-2023-007, as amended. (Documentation to follow)
3. Resolution of the Council, re: Award of Contract – Architectural Services. (Documentation to follow)
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum above in item #2.
Edward M. Brady, Chair Building Committee, explained that there were seven proposals, the committee independently reviewed the proposals, all had the same #1 bidder. Mr. Brady noted the committee interviewed the top three applicants and the recommendation is to award the contract to HMFH/DBVW Architects.
Councilor Flynn clarified that if regionalization fails there is no financial obligation to the town for this contract and noted that she will vote to support this resolution so there is a plan in place, but it is no indication that she is in support of regionalization.
Discussion centered around the educational planning for the proposed building, if regionalization passes the educational portion will be decided by the regionalization board and making the buildings multi-purpose facilities.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
4. 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.
Joseph Aguiar, Middletown, addressed the Council speaking on behalf of his grandchildren who attend Forest Avenue school. Mr. Aguiar requests padding be installed on the gymnasium walls for the safety of the children.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
5. (Public Hearing Advertised)
Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2022-2023 licensing year. (See attached list)
Public Hearing was declared open.
There being no persons desiring to the heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Turano requested that item #10 be heard under the regular portion of the agenda.
6. Approval of Minutes, Regular Meeting, September 6, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, Regular Meeting, September 19, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, Regular Meeting, October 3, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House 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. Communication of Paul Thiebeault, Middletown, re: Petition for Abandonment of Land known as “Northam Lane” (paper road) on Lot 175 – Plat 105. (Council action for forward to the Planning Board and Roads and Utilities Advisory Committee for review and recommendation)
On motion of Vice President Welch, duly seconded, to receive said communication and forward to the Planning Board and Roads and Utilities Advisory Committee.
Councillor Turano noted support for the abandonment, explaining the property was used for farming and now is part of the neighborhood.
Council President Rodrigues explained that the family has resided adjacent to the property for many years. Mr. Rodrigues noted the Petition should be forwarded to the Planning Board and the Roads and Utilities Advisory Committee for review and recommendation.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and forward to the Planning Board and Roads and Utilities Advisory Committee.
11. Continued from the September 19,2022, Regular Meeting.
Public Hearing (Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown,
Title XV Land Use, Chapter 152 Zoning Code, Article 13- Off-Street Parking
and Loading. (Planning Board recommendation on file) (See attached)
(Council action to continue this matter to a later date at the request of the Town Administration)
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this matter at the request of the Administration.
12. (Public Hearing Advertised)
Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2022-2023 licensing year. (See attached list)
Public Hearing was declared open.
There being no persons desiring to the heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
13. Memorandum of Councillor Flynn, re: Parting Presentation.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn read the following into the record.
Thank you, Mr. President and Council members. In the true spirit of public service,
I am ending my four years as Town Councilor by sharing with Middletown citizens
two key pieces of information that I have used for every single meeting that I have participated in, either as an elected official or an appointed volunteer. I did give my word that I would take only a few minutes, so you will appreciate that a picture is worth a thousand words.
The first piece of information is the Middletown organizational chart. It shows how the town is structured and that Middletown Citizens are at the top. Some people seem intimidated by Town Hall; I get it: it is unfamiliar and its government industry which certainly is not like any other, but let me tell you, all the department heads and all the staff are very nice and very accommodating. Everyone should come in and spend some time to see what’s happening at Town Hall; because if it’s happening at Town Hall, it’s happening in your town, and maybe in your neighborhood, and you should be a part of it because you’re at the top of the organizational chart. The second image, important to every Middletown citizen and elected official and appointed volunteer, is from our Middletown Comprehensive Plan. These images are called Word Bubbles. The larger words imply greater importance, the smaller words: less importance. The top Word Bubble is Middletown citizens’ response to the question: What do you value most about Middletown? The bottom Word Bubble is Middletown citizens’ response to the question: What’s your vision for Middletown?
Unfortunately, these images are not easily found online or as readily available as you might think. So, I have some hangers for Mr. Brown, our Town Administrator, because these foam boards are gifts to the Town Hall, to be displayed for all to see and be reminded at a glance: what’s important to Middletown citizens, the direction Middletown wants to go in, and how Middletown is structured to get there. Hopefully, the staff can find a good location for them. I would like to thank the citizens for trusting me to serve them and thank you, Mr. President, for the time this evening – I will return the meeting to you.
Council President Rodrigues thanked Councillor Flynn for her contributions and hard work, recognizing how much time and effort she has devoted to the Town.
14. Memorandum of Finance Director thru Town Administrator, re: Development Impact Fees.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
15. Resolution of the Council, re: Development Impact Fee Update Study – Award of contract to TischlerBise, Inc.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Planner Ronald Wolanski reviewed the second page of the memorandum (item #14) above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
16. Memorandum of Finance Director thru Town Administrator, re: Atlantic Beach Streetscape Design.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
17. Resolution of the Council, re: Approval of contract amendment with VHB – Atlantic Beach Streetscapes Design.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Planner Ronald Wolanski reviewed the memorandum (item #16) above.
Discussion centered around that there is federal funding available, projects eligible for funding should be shovel ready projects, and moving some of the utility poles in the area instead of burying the utilities underground.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
18. Memorandum of Finance Director thru Town Administrator, re: Development Plan Review & On-Call Engineering Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
19. Resolution of the Council, re: Development Plan Review & On-Call Engineering Services – Award of contract to Crossman Engineering.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum (item #18) above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
20. Memorandum of Finance Director, thru Town Administrator, re: Toro Ground Master Rotary Mowers.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
21. Resolution of the Council, re: Authorize purchase of a two Toro large area rotary mowers and authorize the Finance Director to execute the purchase.
On motion of Vice President Welch, duly seconded, to pass said resolution.
DPW Director Robert Hanley was present to answer Council inquires.
Discussion centered around one tractor is for the Town (in the Town budget) and one tractor is for the schools (in the School budget) , the tractors are more efficient than purchasing smaller tractors and there is a warranty on the tractors.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
22. Memorandum of Finance Director, thru Town Administrator, re: Sewer Fund Revenue Bond Resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
23. Resolution of the Council, re: Approving the Design, Construction, Equipping, Repair and Renovation of the Middletown Wastewater System and All Attendant Expenses, including but not limited to, replacement of the Paradise Avenue Pump Station Force Main and replacement of the Marshall Village Pump Station and Approving the Financing thereof by the Issuance of Wastewater System revenue Bonds and Notes therefor in an amount not to exceed $3,500,000.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum (item #22) above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
24. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
25. 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.
26. Email communication of Diana Skaggs, 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.
27. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Collective Bargaining (Middletown Association of Paraprofessionals/NEARI), (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 7:55 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 7:56 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 8:05 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 8:54 p.m.
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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:55 p.m.
____________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri