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 Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Councillor Emily M. Tessier, Absent
POSTED AUGUST 16, 2023
REGULAR MEETING AUGUST 21, 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 21, 2023 at 5:30 P.M. Executive Session; Budget 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: 814 0989 9313 or on the web at https://us02web.zoom.us/j/81409899313.
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, (2) Collective Bargaining, (2) Collective Bargaining (NEARI Teachers), (2) Collective Bargaining (NEARI Teacher Aids), and (2) Collective Bargaining (Council 94) - 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 5:37 p.m.
Council President Rodrigues recused himself from any discussion and action on the Collective Bargaining (Council 94); Mr. Rodrigues left the session at 5:56 pm.
Vice President Welch presiding.
Council President Rodrigues returned to Executive Session at 6:03 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 6:24 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 6:29 pm.
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 seal the executive session minutes pursuant to Section 42-46-7. RIGL.
2. FY22 Budgetary Comparison – School Department – General Fund Only Analysis.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin review of the FY22 Budgetary Comparison – School Department – General Fund Only Analysis.
Town Administrator Shawn Brown reviewed the power point presentation FY22 Budgetary Comparison – School Department – General Fund Only Analysis.
Discussion centered around the Town is moving in the right direction with the School Administration, line items that may be a potential short fall in the FY24 budget, the Town Finance Office and the School Finance Office are working well together and the need to move forward with a plan in place.
3. Continued from the July 26, 2023, Special Meeting.
Public Hearing (Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the ordinances of the Town of Middletown General Fund, Parks and Recreation Fund, Sewer Fund, Refuse and Recycling Fund, Appropriating revenues for the Fiscal Year July 1, 2023 to June 30, 2024.
Public Hearing remains open.
Town Administrator Shawn Brown reviewed a power point presentation FY 2024 Budget Third Public Hearing.
Ron Heroux, Middletown, addressed the Council noting concern that the sixteen positions at the school department which may not be funded from this budget. Mr. Heroux noted that losing these positions hurts the students, and the students are not here to speak for themselves.
Sandra Farrell, Middletown, noted concern of the cost for the preschool program, explaining that just recently her family was notified of the cost for the program and now has to look for alternative placement for the child.
Antone Viveiros, Middletown, addressed the Council reviewing prior budget funding to the school department and what the school department is requesting for this current budget. Mr. Viveiros also noted concern about the increase in the Refuse and Recycling sticker fee.
There was no one on zoom who wished to speak.
Discussion centered around the tipping fee and hauling fee for the Refuse and Recycling program, the increase in inflation, no money from Refuse & Recycling goes into the General Fund, Superintendent Rosemarie Kraeger was congratulated on her upcoming retirement in June 2024, the budget increase over the cap of 4% must have a 4/5th majority vote (6 of the 7 Council members must vote in the affirmative to pass said budget), Councillor Turano noted his support for this budget, Council President Rodrigues noted his support for this budget, Vice President Welch noted his support for this budget and Councillor Logan noted his support for this budget.
Town Charter § 208 provides that the town council may change the budget proposed by the town administrator provided that the council also make provision(s) for balancing out the consolidated budget.
Vice President Welch noted:
Whereas:
The town has budgeted the use of uncommitted fund balance to fund the architectural services needed to complete the Stage II & III Necessity of School Construction application with the Rhode Island Department of Education and due to timing of when the school department’s recommended budget was completed the Town could not fulfill the initial request of the School department’s capital request.
On motion of Vice President Welch, duly seconded, it was voted unanimously that on page 2 , the School Department’s Capital Improvement, line 10 amount be increased by a net amount of $346,511, and School Department Revenue on page 2, line 33 be increased the net amount of $346,511, and all subtotals be adjusted accordingly.
Vice President Welch noted:
Whereas:
Due to timing of when the Town received approval from the State of Rhode Island’s Department of Revenue on a certified amount to exceed the property tax cap due to loss of non-property tax revenue, the consolidation of finance offices between the School Department and the Town, and when the School Department submitted their budget request.
On motion of Vice President Welch, duly seconded, it was voted unanimously that Education, page 2, line 12 be decreased by $314,092, School Department Revenue on page 2, line 33, be decreased by $314,092, and all subtotals adjusted accordingly.
Vice President Welch noted:
Whereas:
The Town has received approval from the State of Rhode Island’s Department of Revenue of a certified amount to exceed the property tax cap due to an increase in Debt Service.
On motion of Vice President Welch, duly seconded, it was voted unanimously that Debt Service, page 1, line 46 be increased by $184,181 and Non-Department Specific, page 2, line 2 be decreased by $184,181 and all subtotals adjusted accordingly.
Vice President Welch noted:
Whereas:
A surrounding community has opted to not fund the Aquidneck Island Planning Commission resulting in the suspension of their newly hired director due to insufficient funding.
On motion of Vice President Welch, duly seconded, it was voted unanimously that the Community Outreach, on page 1, line 40, civic appropriation of $18,000 earmarked for the Aquidneck Island Planning Commission be postponed until otherwise determined by the Town Council.
Vice President Welch noted:
Whereas:
The town continues to address Middletown School Department funding therefore,
On motion of Vice President Welch, duly seconded, it was voted unanimously that on page 3, line 20 through 25, should be replaced with the information as follows:
“Section 1B. Appropriation to the School Department:
| Unrestricted Appropriation: | | FY 24 Amount |
| Prior Year 2023 Appropriation | | $ 28,566,290 |
| 4% Increase | | 1,142,652 |
| Finance Office Reorg | | (229,630) |
| Budgeted Amount to Exceed the Property Tax Cap (Non-Property Tax Revenue Loss) | | 445,962 |
| Total Unrestricted Appropriation | | 29,925,274 |
| Other Appropriations: | | |
| Deficit Reduction Plan-Local Portion | | 300,000 |
| Deficit Reduction Plan-ARPA Portion | | 600,000 |
| Town Council Contingency | | 500,000 |
| ARPA Allocation for School Restricted Use | | 670,000 |
| Total Other Appropriations: |
| 2,070,000 |
|
| | |
| Total Town Appropriation | | $ 31,995,274 |
Provided that the ‘Total Other Appropriations’ are subject to the requirement, as agreed to by the School Committee, that all School Department expenditures will continue to require the approval of the Town Treasurer for the 2023-2024 fiscal year, the purpose of said approval being to ensure that there will not be an excess of expenditures, encumbrances, and accruals over revenues. All line numbers for additional text on this page be adjusted accordingly.”
Vice President Welch noted:
Whereas:
The Town Council received a list of recommended civic appropriations at the Saturday, May 20, 2023 budget meeting.
On motion of Vice President Welch, duly seconded, it was voted unanimously that on page 3, lines 32 through 37 be restated with the information as follows:
“ Section 1D. General Fund Civic Appropriations: Approve Civic Appropriations from the General Fund in the amount of $300,913, including $108,500 being transferred in from the Parks and Recreation Fund for Fiscal Year 2024 as presented to the Town Council at the Saturday May 20, 2023, budget meeting” and all line numbers for additional text on this page be adjusted accordingly.
Vice President Welch noted:
Whereas:
The Town has identified specific uses of the American Rescue Plan Act (ARPA) funds for Fiscal Year 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously that a new page be created after page 3 to outline the approved uses of these funds:
| Name | FY 2024 Amount |
| Beyond the Bell- Summer/After School | $ 450,000 |
| Healthy Communities Coordinator | $ 114,400 |
| Community Outreach Operating Costs | $ 10,400 |
| Community Outreach Program Costs | $ 26,000 |
| MPS-Career Exploration Teacher | $ 115,000 |
| MPS-Parent As Teachers | $ 75,000 |
| School Building Program | $ 30,000 |
| School Deficit Reduction Plan | $ 600,000 |
| | |
| Total | $ 1,420,800 |
and all line numbers for additional text on this page be adjusted accordingly.
Vice President Welch noted:
Whereas:
The Town has identified a formatting error.
On motion of Vice President Welch, duly seconded, it was voted unanimously that on page 3, line 15 and 16 sub lettering be replaced with c. and d.
There being no other persons present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance, as amended.
4. Resolution of the Council, re: Tax Levy.
On motion of Vice President Welch, duly seconded, it was voted unanimously to change in paragraph 4, first line, the word “tenth” be changed to “fifteenth” and the word “August” be changed to September”.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution, as amended.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 7:41 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 7:46 pm.
5. 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.
Town Administrator Shawn Brown reviewed the following update on School Construction Project:
Mr. Brown noted that he will be meeting with Senator Reed on Tuesday morning requesting Federal Funding for the project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
6. Applications three (3) received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F-1 Alcoholic Beverage Licenses (Full Liquor) - (19-hour license) for the same premises for the following events and dates listed below:
§ Coastal Conversations: A Third Beach Conservation Lecture Series – Tuesday, September 19, 2023 – 5:00 pm to 6:30 pm.
§ Coastal Conversations: A Third Beach Conservation Lecture Series – Thursday, October 12, 2023 – 5:00 pm to 6:30 pm.
§ Fireside Lecture – Thursday, December 7, 2023 – 4:00 pm to 6:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said licenses.
7. Application of Plant City X Newport, LLC d/b/a Plant City X Newport, 617 West Main Road, for a Class BL liquor license, including the patio, for use at the same premises. (NEW) (Requires advertising and notice to the abutters)
On motion of Vice President Welch, duly seconded, to receive said application, notify abutters and advertise for public hearing to be held on Monday, September 18, 2023.
Council President Rodrigues inquired if there is a liquor license available.
Town Clerk Wendy J.W. Marshall responded that there is one available liquor license.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, notify abutters and advertise for public hearing to be held on Monday, September 18, 2023.
8. Application of Andrew’s at Eastgate, LTD d/b/a Gold’s Wine and Spirits, holder of a Class A Alcoholic Beverage License for 1374 West Main Road, to TRANSFER LOCATION of said license to 48 Valley Road, once the building to house the business is constructed for the 2023-2024 licensing year. (Requires advertising for public hearing and notice to abutters)
On motion of Vice President Welch, duly seconded, to receive said application, notify abutters and advertise for public hearing to be held on Monday, September 18, 2023.
Council President Rodrigues inquired why the transfer if there is no building on the site.
Town Clerk Wendy J.W. Marshall responded that the transfer is needed for the applicant to be able to apply for funding to build the establishment. Ms. Marshall explained the new license will not be issued until all clearances are completed at the new location and the old license is surrendered from the current location.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, notify abutters and advertise for public hearing to be held on Monday, September 18, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
9. 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.
Carol Cummings, Middletown, addressed the Council inquiring if the signage “Swim at your own risk” will be posted at Pebbly Beach? Ms. Cummings noted that general laws do not allow for public property to be taken and used as private property, the town cannot abandon maintaining a public road and the Town cannot escape liability. Carol Cummings expressed concern that some of the public right of ways to the shorelines are unsafe and need maintenance.
10. Approval of Minutes, re: Special Meeting, July 26, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
11. Approval of Minutes, re: Special Meeting, July 31, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
12. Approval of Minutes, re: Regular Meeting, August 7, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
13. Memorandum of Town Administrator, re: Change Order to FJS Contract- Architectural and Engineering Proposals for Berkeley/Peckham & Oliphant Housing.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Arleen Kaull, Middletown Senior Citizens Director, addressed the Council noting concern with the conceptual plan for the Berkeley/Peckham gymnasium. Ms. Kaull explained that parking is currently insufficient and more activity at the site will require more parking.
Town Administrator Shawn Brown responded that he and Frank Spinella from FJS are aware of the parking issue and are actively looking for solutions/options.
14. Resolution of the Council, re: Change Order to FJS Contract- Architectural and Engineering Proposals for Berkeley/Peckham & Oliphant Housing.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Councillor Turano requested an update on the timeline for the projects.
Frank Spinella, representing FJS, responded to Councillor Turano that the projects are on target (on time and on budget). Mr. Spinella explained they are currently waiting for surveys to be completed and the engineering expense in more than the architect. Mr. Spinella noted the density at Oliphant has been reduced to allow for adequate parking on the site.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
15. Communication of James R. Primeau, P.E., PMP, Managing Engineer, Division of Project Management/Office of Scoping & Compliance, re: Pavement Improvements-West Main & Sprague, Portsmouth and Middletown, Rhode Island, PTS ID: 03131K, Scoping RIC: 2023-EH-005B Project Notification.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the September 18, 2023, Regular Meeting, at the request of the Administration.
16. Construction and Maintenance Agreement, re: Between the State of Rhode Island and the Town of Middletown – Pavement Improvements – West Main Road & Sprague.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the September 18, 2023, Regular Meeting, at the request of the Administration.
17. Memorandum of Town Planner, thru Town Administrator, re: Rhode Island Community Learning Center Compact.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Healthy Communities Coordinator Lori Turner addressed the Council noting that the amendment will allow for adult education and career exploration opportunities. Ms. Turner explained the monies will be used to renovate Little Oliphant School for youth and adult programs.
Discussion centered around that Town Planner Ronald Wolanski wrote the grant for the project, Superintendent Rosemarie Kraeger is aware that the facilities department will need to relocate their facilities and Little Oliphant is not deemed a historical building.
Arleen Kaull Middletown, Senior Citizens Director, addressed the Council inquiring why there is a need to have more than one site for multi-purpose programs. Ms. Kaull noted concern that there is duplication of services throughout the Town. Arleen Kaull suggests meeting with the Town Administration and reviewing services/programs within the Town.
18. Rhode Island Community Learning Center Compact, re: Addendum to Learn365RI compact.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Rhode Island Community Learning Center Compact, re: Addendum to Learn365RI compact and authorize the Town Council President to execute the addendum.
19. Memorandum of Finance Director, re: Financial Report – Twelve Months Ended June 30, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Finance Director Marc Tanguay reviewed the following slide.
20. Confirmation of appointment of one (1) member from Open Space and Fields Committee to the Comprehensive Community Plan Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to confirm the appointment of Nicholas Coogan from the Open Space and Fields Committee to the Comprehensive Community Plan Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:31 p.m.
Wendy J.W. Marshall, CMC
Council Clerk