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, Members Present
Councillor Emily M. Tessier, Absent
Councillor Barbara A. VonVillas
AMENDED & POSTED DECEMBER 12, 2023*
POSTED DECEMBER 12, 2023
REGULAR MEETING DECEMBER 18, 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, December 18, 2023 at 6:00 P.M. Executive Session, Immediately Following Executive Session – Town Business Update 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: 828 6507 9629 or on the web at https://us02web.zoom.us/j/82865079629
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), (2) Collective Bargaining (NEARI Teacher Aides*), 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 6:02 p.m.
Councillor Connerton recused himself from acting on Collective Bargaining (NEARI Teachers Aides), due to a possible conflict of interest and left the session at 6:05 p.m.
Councillor Connerton returned to the session at 6:12 p.m.
Council President Rodrigues recused himself from acting on the Collective Bargaining (Council 94), due to a possible conflict of interest and left the session at 6:12 p.m.
Vice President Welch Presiding.
Council President Rodrigues returned to the session at 6:15 p.m.
Council President Rodrigues Presiding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:16 p.m.
Councillor Connerton recused himself from acting on Collective Bargaining (NEARI Teachers Aides), due to a possible conflict of interest (6:17 pm).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said fiscal impact statement for the (NEARI Teachers Aides).
Councillor Connerton returned at 6:17 p.m.
Council President Rodrigues recused himself, from acting on the Collective Bargaining (Council 94)due to a possible conflict of interest, at 6:17 pm.
Vice President Welch Presiding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Council 94 Contract and pass said resolution.
Council President Rodrigues returned to the dais at 6:18 pm.
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. 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 the School Building Project update.
Town Administrator Shawn Brown reviewed the following, entered here:
Discussion centered around projects being on time and on budget, project management systems, the Town keeps track of all expenses for the School Building Project to be submitted to RIDE for reimbursement and the public being informed of the project status.
On motion of Councillor Connerton, duly seconded, it was voted unanimously to recess this meeting at 6:27 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 6:32 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
3. (Advertised for Public Hearing)
Application of the Estate of Dennis Crookes dba Woodhookers Sports Tavern, Carol Crookes, Executrix, 238 East Main Road to TRANSFER said Class BV Liquor License to Carol Crookes dba Woodhookers Sports Tavern for use at the same premises.
Public Hearing was declared open.
Attorney Patrick Hayes, Newport, RI, addressed the Council noting that he is present to answer any Council inquiries. Mr. Hayes explained the transfer is on behalf of the estate of Dennis Crookes.
There being no other persons present or on zoom desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
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.
Vanessa Ellerman, Middletown addressed the Council requesting an interpretation of the 2018 Facility Use Policy regarding Political Groups.
Town Solicitor Peter B. Regan responded to Ms. Ellerman that he is currently reviewing the Facility Use Policy and making amendments. The policy will be presented to the Town Council at a future meeting.
Charlie Roberts, Middletown, addressed the Council noting concern with the state zoning changes and the proposed Affordable Housing Unit locations in the Town. Mr. Robert’s is in favor of Senior Housing at the Berkley Peckham School location and is not in favor of Affordable Housing at the Oliphant School location.
5. Approval of Minutes, re: Regular Meeting, November 20, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. (Continued from the December 4, 2023, Regular Meeting).
Memorandum of MPC Director, through Town Administrator, re: MPC Committee Infrastructure. (Continued to January 2, 2024 at the request of the Administration)
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue said item to the January 2, 2024, Regular Meeting, at the request of the Administration.
7. (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 IV: Land Usage, Chapter 152 Zoning Code. (Planning Board recommendation on file)
Public hearing remains open.
Town Planner Ronald Wolanski reviewed the memorandum, entered here:
Discussion centered around the Town Council reviewed a presentation on December 12, 2023 regarding the proposed zoning changes, if the Town does nothing the legislation allows all special uses by right, loss of local control with the legislative changes, the Planning Board is both Advisory and Regulatory and the Zoning Board is a Regulatory Board.
Charlie Roberts, Middletown, addressed the Council noting the legislative amendments will change the Town and it is worth a fight at the state level to amend the legislation again.
There being no other persons present or on zoom 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 on its second reading.
8. Application of the Carol Crookes dba Woodhookers Sports Tavern, 238 East Main Road, for a Victualling House license for the 2023-2024 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 Board of Health approvals.
9. Memorandum of Finance Director, thru Town Administrator, re: Architectural Services for Town Hall.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue said item to the January 16, 2024, Regular Meeting, at the request of the Administration.
10. Resolution of the Council, re: Architectural Services for Town Hall – Award of contract to DBVW Architects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue said item to the January16, 2024, Regular Meeting, at the request of the Administration.
11. Memorandum of Finance Director, thru Town Administrator, re: Contract award – Investment Advisory Services for 401(a) and 457(b).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
12. Resolution of the Council, re: Investment Advisory Services for 401(a) and 457(b) – Award of contract to Agilis Partners, LLC.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum in item #11.
Discussion centered around the funding was not budgeted for and the monies will be allocated from the General Fund.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
13. Memorandum of Finance Director, thru Town Administrator, re: Tyler Technologies Scope of Work.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
14. Resolution of the Council, re: Approval to move to the negotiation phase with Tyler Technologies.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum in item #13.
Discussion centered around this software will allow for payroll in house, the Town and School finances will be using one accounting system, the software will create efficiency and transparency, implementation of the system will be in January/February 2024, the cost of the contract, staff hours to implement the system and the need for the system was conveyed to the Council during discussions of the Town and School Finance Offices merging.
Councillor Turano noted concern with the aggressive timeline and expense of the software.
Councillor Logan noted support for the software request, explaining there is a risk if the Town does not implement the software.
Council President Rodrigues noted that the Council was informed by Mr. Brown that this software would be needed as a tool for the Town and School Finance Offices merger.
Discussion centered around the importance of producing financial statements in a timely manner, the software was on a Master Price Agreement and there was never a possibility of saving money by merging the Town and School Finance Departments.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution; Councillor Turano voted NO to said motion.
15. Memorandum of Town Administrator, re: Memorandum of Agreement with City of Newport for Joint Community Center.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Memorandum of Agreement with City of Newport for Joint Community Center and authorize the Town Council President to execute said agreement on behalf of the Town.
16. Memorandum of Town Clerk, re: Appointment of Tree Warden – 2024*.
On motion of Vice President Welch, duly seconded, to receive said memorandum and re-appoint Alan Kirby as Tree Warden - 2024.
Karen Barbera, Middletown, addressed the Council explaining that the Town is lucky to have Alan Kirby as the Tree Warden. Ms. Barbera noted he is people friendly and very knowledgeable.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and re-appoint Alan Kirby as Tree Warden - 2024.
17. Communication of Elizabeth Morancy, re: Resignation from the Affordable Housing Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
Council President Rodrigues wished everyone a Merry Christmas.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:52 p.m.
_________________________
Wendy J.W. Marshall, CMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri