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.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Peter D. Connerton, Sr.
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Emily M. Tessier
Councillor Dennis B. Turano, Members Present
POSTED APRIL12, 2023
REGULAR MEETING APRIL 17, 2023
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, April 17, 2023 at 5:30 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 4091 9110 or on the web at https://us02web.zoom.us/j/84140919110.
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
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 (West Main Road), (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition, (1) Personnel (Town Administrator), (2) Collective Bargaining (FOP) and (2) Collective Bargaining (IAFF) - review, discussion and/or potential action and/or vote in executive session and/or open session.
Council President Rodrigues recused himself from acting on a Land Acquisition discussion, due to a possible conflict of interest. (Left the session at 5:35 pm)
Vice President Welch presiding in Executive Session for the Land Acquisition discussion.
Council President Rodrigues returned to Executive Session at 5:55 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:33 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:40 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.
Council President Rodrigues requested a moment of silence for Peter B. Turano. Mr. Turano was the father of Councillor Dennis Turano; he was a long-time educator in the Middletown Schools and a Coach.
Council President Rodrigues requested a moment of silence for former Middletown Fire Chief Joseph Francis Burns, Jr.; he was the Fire Chief from August 1981 and retired in May 1986.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act on item #26 at this time.
2. Citation of the Council, re: “The Hurricanes” – Rogers/Middletown/Tiverton (RMT) High Schools Co-op Hockey Team.
On motion of Vice President Welch, duly seconded, to continue this item to a future Town Council meeting and appropriate $2002.00 for Jackets and Pants ($1,378.00 for Jackets and $624.00 for pants) to the Middletown players on “The Hurricanes” to be allocated from the President’s Discretionary Fund.
Council President Rodrigues noted that he was contacted by a Coach from the Team requesting Council support for Team Jackets and Pants for the Middletown players.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to a future Town Council meeting and appropriate $2002.00 for Jackets and Pants ($1,378.00 for Jackets and $624.00 for pants) to the Middletown players on “The Hurricanes” to be allocated from the President’s Discretionary Fund.
3. Memorandum of Town Administrator, re: Presentation by RIDOT on Aquidneck Avenue Project - Lori Fisette, Administrator of Project Management (Acting), Division of Project Management, Rhode Island Department of Transportation.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Lori Fisette, Administrator of Project Management (Acting), Division of Project Management, Rhode Island Department of Transportation addressed the Council noting the project that began last year installing sidewalks and drainage on Aquidneck Avenue from East Main Road to Green End Avenue. Ms. Fisette explained that the contractors were able to work mostly through the winter and the project should be complete by the end of September beginning of October timeframe.
Discussion centered around not being able to get the proper drainage pipe until just recently, the State being sensitive to the businesses in the area, upcoming work will be done at night, the road is rough at this time, cold patch does not say well on the road, installation of sidewalks on Aquidneck Avenue, updates of the project will be placed on the Town’s website and there will be striped bike lanes.
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.
No one spoke during this session.
5. Resolution of the Council, re: Proclamation in Honor of Arbor Day – April 28, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Mechanical Amusement Device – Expires – May 5th, 2024
· Dennis M. Crookes, Sr./Woodhookers – 238 East Main Road
(One Juke Box, One Pool Table and One Game)
· Gilbert-Burton Post #4487/VFW- 52 Underwood Lane
(One Juke Box, One Pool Table and One Game)
· HPK, Inc./Tickets- 15 Aquidneck Avenue
(One Juke Box)
· Island Cinemas 10, LLC/Island Cinema’s- 105 Chases Lane
(Four Games)
· Kempenaar Real Estate/Howard Johnson Motor Lodge- 351 West Main Road
(Four Games)
· S.C.S.JR. Restaurant Corp., Inc/Scotty’s Big Dawg’s Sports Pub – 823 West Main Road
(One Juke Box, One Pool Table and One Game)
· SK Industries, Inc./Rusty’s 44 Wave Avenue
(One Juke Box, One Pool Table and One Game)
· The Pub at Two Mile Corner, Inc./ The Pub at Two Mile Corner- 10 Maple Ave
(One Juke Box, One Pool Table, Two Games)
· Shaw’s Supermarkets, Inc./Shaw’s #1442, - 72 East Main Road
(One Game)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
7. Applications from the following named persons, firms and corporations for RENEWAL of Amusement Licenses, for the 2023-2024 licensing year:
Amusement License 2023-2024 Expires: April 17, 2024
· Diegos Middletown, LLC d/b/a Diego’s Barro Cantina- 116 Aquidneck Ave
· Island Cinemas 10, LLC d/b/a Island Cinemas - 866 West Main Road
· Kempenaar Catering, LLC d/b/a Kempenaar’s Clambake Club- 323 Valley Rd
· Newport Beach House, Inc. d/b/a Newport Beach House- 3 Aquidneck Avenue
· Newport Vineyards and Winery, LLC d/b/a Newport Vineyards- 909 East Main Road
· Seaview Inn, LLC/ The Atlantic Resort- 240 Aquidneck Avenue
· Sweet Berry Farm, Inc. d/b/a Sweet Berry Farm- 915 Mitchell’s Lane
· The Pub at Two Mile Corner, Inc. d/b/a The Pub at Two Mile Corner-10 Maple Avenue
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
8. License of Burial, re: Stuart Larsen & C. Sue Larsen – Section 54, Lots 107 & 108.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of burial.
9. Application from Cellular Sales of Rhode Island, LLC dba Cellular Sales of Rhode Island (Verizon), 11 East Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
10. Application from Plumbers Supply Co. dba Plumbers Supply Co., 305R Oliphant Lane, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
11. Application from Supply New England, Inc. dba Supply New England, 119 Oliphant Lane, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
12. Application from JJ Materials Corporation, 990 Aquidneck Avenue, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
13. Application from Ulta Salon, Cosmetics & Fragrance, Inc. dba Ulta Beauty, 1307 West Main Road, Unit B, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
14. Application from Dollar Tree Stores, Inc. dba Dollar Tree Store #03516, 880 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
15. Application from Younique Candle Company, LLC dba Younique Candle & Crystal Co., 1700 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
16. Application from The Color House, Inc., 879 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
17. Application from Muhammad Yaqoob dba Island Food Mart, 356 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
18. Application from The Sherwin-Williams Company, 884 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
19. Application for Special Event Permit from St. George’s School for Alumni Weekend, Lunch, Saturday, May 6, 2023 from 12:00 pm to 2:00 pm (King Hall Terrace Tent on campus) and Dinner, May 6, 2023 from 6:30 pm to 10:30 pm (Tent on Cliff Field on campus).
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
20. Application for Special Event Permit from St. George’s School, Prize Day – Graduation Dinner, Saturday, May 27, 2023, 5:30 pm to 7:30 pm and Luncheon, Sunday, May 28, 2023 from 12:30 pm to 2:30 pm both held on campus King Hall Terrace.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
21. Application for Special Event Permit from Aquidneck Community Table for the Aquidneck Community Table Saturday Farmer’s Market to be held at Embrace Home Loans, 25 Enterprise Drive, beginning Saturday, May 6, 2023, through Saturday, October 28, 2023 from 9:00 am to 12:00 pm, includes a request to waive permit fee.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit and waive permit fee.
Councillor Turano noted that this is a great event.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive permit fee.
22. Application for Special Event Permit from Newport Yogis for Newport Yogis Full Moon Yoga, Yoga at Second Beach, Surfers End to be held on Saturday, June 3, 2023 from 7:30 pm to 9:30 pm, Monday, July 3, 2023 from 7:30 pm to 9:30 pm, Tuesday, August 1, 2023 from 7:30 pm to 9:30 pm and Wednesday, August 30, 2023 from 7:00 pm to 9:00 pm.
On motion of Vice President Welch, duly seconded, to grant said special event permit.
Council President Rodrigues inquired about the time frame for Full Moon Yoga.
Town Administrator Shawn Brown noted that the event takes place during full moons and there are many types of full moon events around the state.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
23. Application for Special Event Permit from Saltwater Edge – Saltwater Edge Striper Kick Off- Fishing Lure Sales Event, Saturday, April 22, 2023 from 8:00 am to 2:00 pm to be held at 1315 West Main Road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
24. Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Individual Surf Therapy sessions to be held at Second Beach - Surfers End June 2023 through October 2023, Monday through Saturday after 3:00 p.m. until 8:00 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 permit fee.
25. Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Daily Surf Camp with Fab Newport and Lucy’s Hearth to be held at Second Beach - Surfers End for 6 weeks beginning Monday, July 10, 2023 (Monday through Friday) through August 18, 2023, from 10:00 am to 1:00 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 permit fee.
Item #26 was addressed prior to item #2.
26. At the request of School Superintendent Rosemarie K. Kraeger - Resolution of the Council, re: Proclamation in Honor of Military Child Month and April 25, 2023 “Purple Up! For Military Kids”. (Council action to pass said resolution)
On motion of Vice President Welch, duly seconded, to pass said resolution.
Superintendent Rosemarie Kraeger addressed the Council thanking them for passing this resolution and noted that Middletown has a high impact of Military families in the school district.
A vote was taken.
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 act on item #2 at this time.
27. Communication of John Ceglarski, President, Middletown Athletic Boosters, re: Request for support for the 2023 MHS Senior Sports Event.
On motion of Vice President Welch, duly seconded, to receive said communication and authorize a civic appropriation in the amount of $3,000.00 to be appropriated from the Council President’s Discretionary Fund.
John Ceglarski, Middletown Athletic Boosters President, addressed the Council noting the money is to support the event recognizing the Senior Athletes. Mr. Ceglarski invited the Council to attend the event.
Councillor Turano encouraged the Council to attend the event.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize a civic appropriation in the amount of $3,000.00 to be appropriated from the Council President’s Discretionary Fund.
28. Memorandum of Town Administrator, re: Middletown Police Officer Recruiting.
Town Administrator Shawn Brown reviewed the memorandum above.
Police Chief Anthony Pesare reviewed the memorandum, entered here:
Enter memorandum
Discussion centered around the bonus is an important recruiting tool which will make Middletown more competitive, other cities and towns are doing similar recruiting strategies, if an officer is a lateral transfer their years will count in the transfer, but not rank; retention of current Police Officers is through the collective bargaining process and the expiration date for the bonus can be extended, if needed.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to offer A $5,000 bonus to recruits who successfully complete their one-year probational period; A $5,000 bonus to lateral transfers, plus hiring laterals at a salary commensurate with their years of POST service, effective through December 31, 2023 and subject to an executed agreement preprepared by the Town Solicitor.
29. Memorandum of Police Chief, re: COPS Grant.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Police Chief Anthony Pesare reviewed the memorandum above.
Discussion centered around that the portable radios provide instant communication between the Schools and the Police Department, a possible funding source could be forfeiture funds for the 25% match and the priority is the safety of the kids even if the grant is not received.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the request from the Middletown Police Department to submit a grant to the Community Oriented Policing Services (COPS) with a local cash match of 25%; funding will cover the cost of 15 portable radios.
30. Memorandum of Town Administrator, re: School Building Project Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum and noted the attached PowerPoint to the memorandum.
31. Memorandum of Town Administrator, re: Amending State Legislation S0206/H5526.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centerer around amending the legislation will provide a risk management plan for the Town, giving the Town an emergency line of credit.
Antone Viveiros, Middletown, addressed the Council inquiring how amending the legislation affects the bond payments and taxpayers.
Discussion centered around that the amendment is to assist if the project goes over budget, which will allow the project to be completed as intended and the Town does not intend to use the money, but the funds are there if needed.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the administration to work with our state delegation to amend S0206 & H5526 to eliminate the provision restricting the use of grants received from state bond proceeds.
32. Memorandum of Town Administrator, re: Introducing State Legislation to Positively Impact Town Debt Ratio.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the administration request legislation be drafted similar to Pawtucket that positively impacts Town Debt Ratio and be introduced during this current legislative session.
33. Memorandum of Town Planner, re: Purgatory Rd. Sidewalk-VHB Design Contract Amendment #8.
On motion of Vice President Welch, duly seconded, it was voted to receive said memorandum; Councillor Santos vote NO.
34. Resolution of the Council, re: Purgatory Rd. Sidewalk-VHB Design Contract Amendment #8.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #33.
Discussion centered around the cost to extend the sidewalk is just for engineering design work, the sidewalk will be ADA compliant and the possible materials the sidewalk will be constructed from.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution; Councillor Santos voted NO.
Councillor Santos explained that she voted NO because there is grass in that area for people to walk on, other areas in the Town are more dangerous and need sidewalks. Mrs. Santos noted adding sidewalks in front of Senior resident homes will make them responsible for snow removal and the money for the project can be used elsewhere.
35. Memorandum of Town Administrator, re: Appointment of Town Engineer.
On motion of Vice President Welch, duly seconded, to receive said memorandum and appoint Steve Cabral from Crossman Engineers as Town Engineer.
Town Administrator Shawn Brown noted that Mr. Cabral would be serving as the interim Town Engineer.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and appoint Steve Cabral from Crossman Engineers as Town Engineer.
36. Appointment of one (1) member to the Affordable Housing Committee, indefinite term.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Kaitlin Kirwin to the Affordable Housing Committee for an indefinite term.
37. Appointment of three (3) members to the Open Space and Fields Committee, two (2) vacancies, terms expiring November 2024 and two (2) vacancies, terms expiring November 2025.
On motion of Vice President Welch it was voted unanimously to appoint Jennifer Brett for a term expiring November 2024, Jeffrey Noruk for a term expiring November 2024 and George P. van Duinwyk for a term expiring November 2025 to the Open Space and Fields Committee.
38. Appointment of two (2) members to the Zoning Board of Review, one (1) vacancy, regular member, term expiring April 2028, one (1) vacancy, first alternate, term expiring April 2024.
On motion of Vice President Welch it was voted unanimously to reappoint Eric Kirton, Regular Member, term expiring April 2028 and Judith Rosenthal, First Alternate, term expiring April 2024 to the Zoning Board of Review.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:11 p.m.
Wendy J.W. Marshall, CMC
Council Clerk