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 Emily M. Tessier
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Acting Town Administrator Ronald Wolanski
POSTED AUGUST 2, 2023
REGULAR MEETING AUGUST 7, 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, August 7, 2023 at 6:00 P.M. Executive Session; Presentation Immediately Following 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: 861 7759 8221 or on the web at https://us02web.zoom.us/j/86177598221
If you choose 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 - 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 6:12 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.
2. Memorandum of Town Administrator, re: Presentation by Good Energy on the Community Electricity Aggregation Plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Allison McNeill and Patrick Roche, Town Consultants representing Good Energy, addressed the Council presenting a power point - Middletown Community Electricity, Municipal Aggregation Plan Overview, which is on file in the Office of the Town Clerk.
Discussion centered around the next step of the project is to open up for public review and a public hearing, all residents will be notified of the option to join or opt out of the program, having the Town’s Public Relations Officer help educate the residents regarding the energy program, the Town will negotiate a rate for electricity for the residents, a 10% savings may be recognized in the first six months, a resident may opt out at anytime or join again at any time, there is no minimum or maximum number of participants needed for the program; once the public hearing has been completed, there is a filing with the Public Utilities Commission that takes approximately four months, Good Energy receives a flat fee per kilowatt hour which is their fee from the Town and this program is only for electricity.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve moving forward with the next steps to review and advertise the draft plan for public hearing.
3. The Town Administrator will provide an update on the School Building Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update on the School Building Project.
Ed Brady, Co-Chair, Middletown Building Committee, addressed the Council explaining that the update is based on the Building Committee’s meeting on Wednesday, August 2, 2023, which was the Committee’s 69th meeting. Mr. Brady reviewed the memorandum above.
Discussion centered around the project is not one school but a shared complex, the committee is working with RIDE on the fourth pathway for the school, how the committee is choosing the design option for the complex, all options have the same cost, using the vo-tech area in the evenings for the community, future student enrollment, monitoring what the City of Newport is doing regarding their school construction project, the need to educate the public on the bond including if the bond does not pass what the cost would be to renovate the schools and the need for clarity for the taxpayers.
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.
Antone Viveiros, Middletown, addressed the Council regarding the format of the School Building Committee meetings. Mr. Viveiros expressed concern that public participation was not included.
Town Solicitor Peter B. Regan, responding to Mr. Viveiros, explained that the School Building Committee must follow the Open Meetings Act. Mr. Regan noted the discussion at the School Building Committee can only be what is posted on the agenda. Mr. Regan explained that the Town Council and School Committee are allowed to have a Public Forum, which does not apply to other committees.
5. Approval of Minutes, re: Regular Meeting, July 17, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, re: Special Meeting, July 24, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. (Continued from the July 17, 2023, Regular Meeting)
Memorandum of Town Administrator, re: Appointment of Assistant Town Solicitor/Conflict Counsel. (Administration requests this item be withdrawn)
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said item at the request of the Administration.
8. License of Burial, re: Richard Freeborn, Newport, RI – Section 5 Lot 11 (63 square ft).
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said license of burial.
9. Application for Special Event Permit from Andrew Breede for Volleyball Tournament Fundraiser, proceeds benefit Salve Women’s Hockey Coach daughter battling cancer, to be held Saturday, September 16, 2023, from 4:30 pm to 8:30 pm at Linden Park. (Rain date Saturday, September 23, 2023) (Applicant requests all fees be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.
10. Application for Special Event Permit from The Sacred Center, LLC for Community Yoga on the Beach with Reverend Shelley Dungan to be held at Third Beach (Old riverbed area), Mondays and Thursdays evenings 6 pm to 7:00 pm or 6:30 pm to 7:30 pm – August 8th through October 31, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
Council President Rodrigues noted that he has received some complaints that some fitness groups at the beach have loud music and megaphones. Mr. Rodrigues requests the fitness classes monitored at the beach to be monitored.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
11. Memorandum of Councillor Tessier, re: Adoption of a Green and Complete Streets Ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Tessier reviewed the memorandum above and attachments.
Discussion centered around the request is similar to the Esplanade sidewalk ordinance.
Emily Buck, Middletown, addressed the Council noting support for an ordinance, explaining without having an ordinance the Town is missing out on key opportunities including grants.
Peter Midgley, Middletown addressed the Council in support of an ordinance. Mr. Midgley inquired if the Town Council received the following letter in support of the ordinance, which he reviewed.
Discussion centered around e-bikes and how fast they go, the different types of e-bikes, the Bike & Pedestrian Safety Committee is having a bike safety event for the community, if there is an economic impact by passing an ordinance for Green and Complete streets and if the Green and Complete Streets option is feasible, it will be part of roadway improvements.
On motion of Vice President Welch, duly seconded, it was voted unanimously to direct the Town Solicitor to prepare a Green and Complete Streets Ordinance.
12. Memorandum of Finance Director, through Town Administrator, re: Paradise Avenue Pump Station Standby Generator.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
13. Resolution of the Council, re: Award of contract to K Electric, Inc. - Paradise Avenue Pump Station Standby Generator.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Public Works Director Robert Hanley reviewed the memorandum above. Mr. Hanley explained that the generator being replaced is forty-four years old and not worth rebuilding.
Discussion centered around there is a five-year warranty on the new generator and the only difference in the bids is due to labor costs.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
14. Appointment of one (1) member to the Aquidneck Island Planning Commission to complete a term expiring December 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Jennifer Roach to the Aquidneck Island Planning Commission to complete a term expiring December 2023.
15. Appointment of one (1) member to the Library Board of Trustees for a term expiring September 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Joan M. Definis to the Library Board of Trustees for a term expiring September 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:30 p.m.
Wendy J.W. Marshall, CMC
Council Clerk