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., Arrives at 6:08 pm.
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Emily M. Tessier
Councillor Dennis B. Turano, Members Present
POSTED JANUARY 11, 2023
REGULAR MEETING JANUARY 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 Tuesday, January 17, 2023 at 6:00 P.M. Executive Session, School Committee – Pre-Budget Consultation 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: 876 3912 4811 or on the web at https://us02web.zoom.us/j/87639124811
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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. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Collective Bargaining (FOP) - 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 6:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:23 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.
(1) “The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates; “
(2) “The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, and any necessary or mandated changes in school programs or operations”.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Pre-Budget Consultation Pursuant to РҤ16-2-21.
Town Administrator Shawn Brown and Finance Director Marc Tanguay reviewed the Pre-budget Consultation FY2023 Town/School Revenue Conference PowerPoint, which is on file in the Office of the Town Clerk.
3. Communication of Paul M. Rodrigues, Middletown Town Council President, re: Information in accordance with RIGL 16-2-21.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
4. Memorandum of Theresa Spengler, School Committee Chair, re: Pre-Budget Consultation FY 2023-24.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Present representing the School Administration and School Committee were Superintendent Rosemarie Kraeger, School Attorney Lori Miller, Business Manager Theresa Gomes, School Committee Chair Theresa Silviera Spengler and School Committee Vice Chair Tami Holden.
Superintendent Rosemarie Kraeger addressed the Council noting that the oversight from the Town has been a great support for the School Department. Ms. Kraeger also noted the School Department is looking forward to combining the Town Finance Office with the School Finance Department.
Superintendent Rosemarie Kraeger reviewed the memorandum above.
Discussion centered around the school budget will be a challenge, the school buildings will be a challenge, the school department does not have set figures from the state regarding the state funding for the schools, school grants sunsetting which pay for some staff positions, the school department is reviewing the staff needed for FY2024, the dissolving of the Newport County Regional Special Education Program, an analysis has not been completed to show the cost of special education to the school department if the Regional Special Education Program is dissolved and English language learners in the Town.
5. 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 C. Viveiros, Middletown, addressed the Council suggesting that it would be a good idea to install red light cameras in the Town. Mr. Viveiros explained the cameras record speed, tickets are mailed to violators along with photos and the violations are not considered moving violations.
Council President Rodrigues noted that the Pickleball item on the agenda tonight will be continued.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
6. Applications eight (8) received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F Alcoholic Beverage Licenses (Beer and Wine) - (19-hour license) for the following events and dates listed below: (Applicant requests license fees be waived)
§ Fowl Play Murder Mystery Evening, held at the Norman Bird Sanctuary, 583 Third Beach Road – Saturday, February 4, 2023 – 7:00 pm to 9:00 pm.
§ Summer Concert Series, held at the Norman Bird Sanctuary, 583 Third Beach Road – Friday, June 16, 2023 – 6:00 pm to 10:00 pm.
§ Summer Concert Series, held at the Norman Bird Sanctuary, 583 Third Beach Road – Friday, July 21, 2023 – 6:00 pm to 10:00 pm.
§ Beach Bash, held at the Norman Bird Sanctuary Beach, 830 Third Beach Road – Thursday, August 24, 2023 – 5:30 pm to 7:30 pm.
§ Summer Concert Series, held at the Norman Bird Sanctuary, 583 Third Beach Road – Thursday, August 31, 2023 – 6:00 pm to 10:00 pm.
§ Harvest Fair, held at the Norman Bird Sanctuary, 583 Third Beach Road – Saturday, September 30, 2023 and Sunday, October 1, 2023 – 10:00 am to 5:00 pm.
§ Annual Meeting, held at the Norman Bird Sanctuary, 583 Third Beach Road – Thursday, November 9, 2023 – 5:30 pm to 7:00 pm.
On motion of Vice President Welch, duly seconded, to grant said licenses and waive license fees.
Margaret Sullivan Carr, representing the Norman Bird Sanctuary, thanked the Town Council for their support.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said licenses and waive license fees.
7. Applications six (6) 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: (Applicant requests license fees be waived)
§ Fireside Lecture Series – Thursday, January 26, 2023 – 4:00 pm to 6:00 pm.
§ Fireside Lecture Series – Friday, February 10, 2023 – 5:30 pm to 7:30 pm.
§ Fireside Lecture Series – Thursday, March 23, 2023 – 6:30 pm to 8:00 pm.
§ Fireside Lecture Series – Sunday, April 23, 2023 – 6:30 pm to 8:00 pm.
§ Fireside Lecture Series – Friday, May 19, 2023 – 7:00 pm to 8:30 pm.
§ Summer Concert Series – Friday, August 18, 2023 – 6:00 pm to 10:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
8. Application for Special Event Permits eight (8) Events from the Norman Bird Sanctuary for the following events and dates listed below: (Applicant requests permit fees be waived)
§ Birds and Breakfast, held at the Norman Bird Sanctuary, 583 Third Beach Road – Saturday, May 13, 2023 – 8:00 am to 12:00 pm.
§ Summer Concert Series, held at the Norman Bird Sanctuary, 583 Third Beach Road – Friday, June 16, 2023 – 6:00 pm to 10:00 pm.
§ Beach Bash, held at the Norman Bird Sanctuary Beach, 830 Third Beach Road – Thursday, June 22, 2023 – 5:30 pm to 7:30 pm.
§ Summer Concert Series, held at the Norman Bird Sanctuary, 583 Third Beach Road – Friday, July 21, 2023 – 6:00 pm to 10:00 pm.
§ Summer Concert Series – Friday, August 18, 2023 – 6:00 pm to 10:00 pm.
§ Beach Bash, held at the Norman Bird Sanctuary Beach, 830 Third Beach Road – Thursday, August 24, 2023 – 5:30 pm to 7:30 pm.
§ Summer Concert Series, held at the Norman Bird Sanctuary, 583 Third Beach Road – Thursday, August 31, 2023 – 6:00 pm to 10:00 pm.
§ Harvest Fair, held at the Norman Bird Sanctuary, 583 Third Beach Road – Saturday, September 30, 2023 and Sunday, October 1, 2023 – 10:00 am to 5:00 pm.
On motion of Vice President Welch, duly seconded, to grant said Special Event permits and waive permit fees.
Council President Rodrigues inquired the total fees for the licenses waived this evening.
Councillor Santos inquired if the Norman Bird Sanctuary charges entrance fees for the events.
Margaret Sullivan Carr, representing the Norman Bird Sanctuary, noted there are entrance fees for the events.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permits and waive permit fees.
9. Memorandum of Paul A. Croce, Chairman Middletown Planning Board, re: Potential amendments to the Middletown Zoning Ordinance, Article 13 – Off-street Parking and Loading. Proposed amendments to modify the minimum off-street parking requirements throughout the town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above.
10. Continued from the September 19th and October 17, 2022, Regular Meetings
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)
Public Hearing Remains open.
Terri Flynn, Middletown, addressed the Council reviewing the following email with suggested changes to the ordinance, entered here:
Emily Buck, Middletown, addressed the Council suggesting that mixed use developments have shared parking.
Discussion centered around amending the ordinance to reflect the Planning Board’s recommendation and no limited/minimum parking under certain uses.
There being no other persons present desiring to be heard public hearing is declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended per Planning Board recommendations.
11. Communication of Nick Coogan, Chairman, Open Space and Fields Committee, re: RIDOT TAP_90005_1 – Bike path from Enterprise Center to Turnpike Avenue.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Nick Coogan, Chair, Open Space and Fields Committee, reviewed the communication above.
On motion of Vice President Welch, duly seconded, it was voted unanimously to send a letter to the director of RI DOT, cc Senator DiPalma from Middletown, the Middletown Town Council is requesting the acceleration of project TAP _9005_1 to begin in 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:19 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 8:30 pm.
Item #16 was addressed at this time.
12. Memorandum of Councillor Turano, re: Discussion on Tax Reform – “The Third Leg of the Stool”.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Turano reviewed the history of the Tax Exploration Committee and history of tax reform in the Town. Mr. Turano explained that taxpayers need a predictable tax method.
Antone Viveiros, Middletown, addressed the Council noting that he is on the Tax Exploration Committee. Mr. Viveiros explained that the biggest issue is that the taxes are based on fair market value of the homes.
Discussion centered around the RIPEC study, the Town does not have resources at this time to create a model for changes to the tax system for the Town, the assessment process is set by state law, you cannot change the assessment method without changing state law, the Council will review the handouts from Councillor Turano (which are on file in the Office of the Town Clerk) and Councillor Turano will forward the Council the RIPEC study for their review.
13. Memorandum of Councillor Turano, re: Discussion Newport Water – Middletown Infrastructure Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Turano suggested that when roads are under construction the Newport Water Department should update the waterlines. Mr. Turano inquired what Newport Water Department’s long-range plans are for Middletown water infrastructure.
Town Administrator Shawn Brown, responding to Councillor Turano, noted that the only joint project in the Town at this time is the construction on Aquidneck Avenue from East Main Road to Gaudet School. Mr. Brown explained he will contact the Newport Water Department to inquire if they have a project list and if they would be able to come and review with the Council at a future date.
14. Memorandum of Councillor Tessier, re: Discussion of Bicycle and Pedestrian Advisory Committee (BPAC) Formation.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Tessier reviewed the memorandum above.
Emily Buck, Middletown, addressed the Council noting the request is beneficial to the Town and the need for multiple types of transportation.
On motion of Councillor Tessier, duly seconded, it was voted unanimously to create a Bicycle and Pedestrian Advisory Committee (BPAC), advertise for four (4) volunteers and include one Council liaison.
15. Memorandum of Vice President Welch, re: Discussion of Regionalization and School Building Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Vice President Welch reviewed the history of the School Building Committee.
Town Administrator Shawn Brown noted there is a meeting scheduled for Wednesday, January 25, 2023 with the Town Council, School Committee and School Building Committee to discuss the potential construction of a new high school/middle school and improvements to the elementary schools.
Theresa Silveira Spengler, Chair Middletown School Committee, addressed the Council noting that the school department will be addressing the school building concept on Thursday, January 26, 2023.
Antone Viveiros, Middletown, addressed the Council and read portions of the RIGL Title 16 regarding Regionalization, entered here:
Title 16
Education
Chapter 3
Establishment of Regional School Districts [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]
R.I. Gen. Laws § 16-3-11
§ 16-3-11. School committees of regional school districts — Powers and duties.
(a) A regional school district established under the provisions of § 16-3-10 shall be a body politic and corporate with all the powers and duties conferred by law upon school committees and with the following additional powers and duties:
(1) To adopt a name and a corporate seal.
(2) To sue and be sued but only to the same extent and upon the same conditions that a city or town may sue or be sued.
(3)(i) To acquire by purchase, gift, or other means of transfer or by condemnation, land, and improvements within the district as a site for a school or schools. To acquire also by this method the rights of way and other easements as may be required in connection with the use of the site.
(ii) For the purpose of acquiring land by condemnation for the site, the regional district is given all the powers conferred upon cities or towns for the condemnation of land for school purposes by § 16-9-5; provided, that the amount of land taken by the committee may exceed five (5) acres but shall not exceed thirty (30) acres for any one building site. The description, plat, and statement of the land taken under this chapter shall be signed by the chairperson of the regional district school committee and filed in the records of land evidence as provided in § 16-9-6. The owners of land or any persons entitled to any estate or interest in it taken by the committee shall have the same right of petition, the right of jury trial, and all other rights under the provisions of §§ 16-9-7 and 16-9-8.
(iii) Upon the filing of the description, plat, and statement of the land taken, the title to the land shall vest absolutely and in fee simple in the regional school district notwithstanding that any of the land taken is devoted to a public use, and the district, acting by and through the district committee and its duly authorized agents, may immediately enter and take possession of the land without any process of law required by statute or common law, and remove any or all buildings, property, or other impediments, and occupy, use, and improve the land for the purposes of this chapter notwithstanding any other provision of law.
(iv) The district, through its committee, is authorized and empowered to pay for the cost of acquiring land for the school site from the proceeds received from the sale of bonds issued pursuant to the provisions of this chapter, whether the property is acquired by purchase or by condemnation, or partly by purchase and partly by condemnation.
(4) To secure competent architectural and engineering services for the taking of surveys, the preparation of plans and specifications for the construction and equipment of a school or schools in the district, and to employ clerical assistance as may be necessary.
(5) To construct, furnish, and equip schools and improve the grounds upon which the schools are located and to make additions to the schools as may be needed.
(6) To make all contracts and agreements that may be necessary for the exercise of the powers vested in the district school committee by subdivisions (3), (4), and (5) of this subsection;
(7) To issue under its corporate name and seal bonds in serial form to an amount not exceeding the debt limits as described in this chapter. The bonds shall be signed by the chairperson and treasurer of the regional school district committee; the principal and interest shall be payable in any coin or currency of the United States that, at the time of payment, is legal tender for public and private debts, and the debt secured by the bonds shall be obligatory on the district to the same extent as other debts lawfully contracted by the district.
(8) To borrow temporarily and to issue temporary notes of the district, the proceeds of which shall be used only for the purposes set forth in subdivisions (3), (4), and (5) of this subsection. Each authorized issue shall constitute a separate loan. Each issue may be for a period of not more than three (3) years and notes issued for a shorter period may be refunded or renewed from time to time by the issue of other temporary notes maturing within the required period of three (3) years, provided, that the period from the date of issue of the original loan to the date of maturity of the refunding or renewal loans shall not be more than three (3) years. Temporary notes of the district shall be signed by the chairperson and treasurer of the regional district school committee, and may bear interest or be sold at a discount. The period and discount or interest rate and other particulars of the temporary notes shall be fixed by the district committee. The temporary notes and renewal notes, including interest or discount on the notes and the expense of preparing, issuing, and marketing the notes, shall, unless otherwise taken care of, be funded by the issue of serial bonds under the provisions of subdivision (7) of this subsection. The aggregate principal amount of temporary notes issued and outstanding under this subdivision shall not at any time exceed the sum of the serial bonds authorized to be issued.
(9) To incur temporary debt after the district school or schools are constructed and in operation in anticipation of revenue to be received.
(10) To apply for and receive, accept, and use any state or federal funds or assistance, or both, as may be provided, whether in the form of a grant or a loan, or both, on the same basis as other school districts, but subject to the provisions of this chapter; to receive, accept, and use any gift from private sources; to receive and disburse funds for any district purpose.
(11) To publish an annual report containing a detailed financial statement showing the total receipts and expenditures of the period covered by the report together with additional information relating to the maintenance and operating of the school or schools as may be deemed necessary by the regional district school committee.
(12) To engage legal counsel.
(13) To engage and employ a superintendent of the district who may also be a principal of a district school or schools on a contractual basis for either a definite or indefinite term as the regional school district school committee shall decide. The person employed shall have all the powers and duties imposed upon a superintendent of schools by law.
(b) The powers, duties, and liabilities of a regional school district as set forth in this chapter, together with any other powers and duties pertaining to school committees prescribed by the laws of this state and not inconsistent with the provisions of this chapter, shall be vested in and exercised by a regional district school committee organized in accordance with the terms of the agreement. The committee shall choose by ballot a chairperson from its membership. It shall also appoint a clerk and a treasurer who may be the same person, and who need not be a member or members of the committee. The treasurer shall receive and take charge of all money belonging to the district and shall pay all bills and indebtedness of the district that have been approved by the committee; provided, that expenditures, encumbrances, and accruals shall not in any fiscal year exceed the total revenue belonging to the district. Should the treasurer estimate that actual expenses may exceed total available revenue in any fiscal year, he or she shall notify the school committee and the superintendent of schools, and the chief elected officials of the cities or towns. Purchase orders or financial commitments shall not be authorized even on the order of the school committee unless it can be proven that there will not be an excess of expenditures, encumbrances, and accruals over revenues. The clerk and the treasurer shall give bond to the district in the sum and with the surety as shall be satisfactory to the committee and conditioned for the faithful performance of the duties of the office.
(c) Nothing contained in this section shall be construed to prohibit a regional district school committee from negotiating and contracting with school employees and teachers for services to be rendered in the ensuing fiscal years pursuant to chapters 9.3 and 9.4 of title 28.
(d) The regional district school committee shall annually cause an audit to be made of the accounts of the regional school district and on completion of each audit, a report shall be made to the chairperson of the committee.
(e)(1) Notwithstanding any provisions of the general laws to the contrary, the requirement defined in this subsection shall apply. The school committee of each school district shall be responsible for maintaining a school budget which does not result in a debt.
(2) The school committee shall, within thirty (30) days after the close of the first and second quarters of the state’s fiscal year, adopt the budget as may be necessary to enable it to operate without incurring a debt, as described in subdivision (1) of this subsection.
(3) In the event that any obligation, encumbrance or expenditure by a superintendent of schools or a school committee is in excess of the amount budgeted or that any revenue is less than the amount budgeted, the school committee shall within five (5) working days of its discovery of potential or actual over expenditure or revenue deficiency, submit a written statement of the amount of and cause for the over obligation or over expenditure or revenue deficiency to the town council president and such other person who by local charter or statute serves as the city or town’s executive officer; the statement shall further include a statement of the school committee’s plan for corrective actions necessary to meet the requirements of subdivision (1) of this subsection. The plan shall be approved by the auditor general.
The Council addressed item #12 at this time.
16. Memorandum of Town Planner, re: Purgatory Road Sidewalk – options for reducing project scope.
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 centered around there is zero cost to the Town, the Town can change the scope of the work, proposed project start date is Fall of 2023 and cannot say there is a hard deadline for the project.
Vice President Welch reviewed the history of the project, noting that no accident data is available which does not mean something should not be done. Mr. Welch explained that the project could include speed calming measures and storm water upgrades. Vice President Welch noted that he has investigated the flexipave product and explained that it is not a good option for this project, suggesting using concrete.
Discussion centered around that Federal and State monies pay the for the proposed project, abutting property owners are responsible to clear the sidewalks during the snow, sidewalks will make it easier for wheelchairs, walkers or strollers and the sidewalks are for safety.
Matt Kirby, Middletown, addressed the Council requesting that no sidewalks be constructed on Purgatory Road. Mr. Kirby did note that he could support option #3 from the memorandum above.
Chris Greenman, Middletown, addressed the Council requesting them not to proceed with the sidewalks. Mr. Greenman explained that there are no records of accidents and suggests filling in the ditches in the area.
Janice Hayes, Middletown, addressed the Council inquiring how much wider would the road be.
Town Planner Ronald Wolanski, responded to Ms. Hayes, noting that the road would be 28 feet wide, it is currently 24 feet wide.
Janice Hayes, Middletown, readdressed the Council noting that widening the road will increase the speed of traffic. Ms. Hayes also noted that the beaches are already full and walkers will increase the number of beach patrons.
Margot Ceres, Middletown, addressed the Council noting that concrete is wrong and suggests the Council go with option #3 in the memorandum above. Mr. Ceres also noted that she would like the utility wires along the roadway buried.
Kate Greenman, Middletown, addressed the Council noting agreement with Ms. Ceres and Mr. Kirby, she could live with option #3 in the memorandum above.
Antone Viveiros, Middletown, addressed the Council inquiring if the project was proposed by the Town or State. Mr. Viveiros suggests leaving the area as is, unless there is a problem.
Discussion centered around that the sidewalk project discussion began with the Atlantic Beach District project, the sidewalk project originated from the Town Council, green recreation, the trees on Purgatory Road are growing through the utility wires and the Town Council has to consider the entire town when making decisions.
Michelle Kirby, Middletown, addressed the Council suggesting the Town cover the ditches on Purgatory Road. Ms. Kirby noted that a curb along the sidewalk would be dangerous for cyclists.
Councillor Turano suggested using walkway pavers for the proposed project.
Karen Barbera, Member of the Middletown Tree Commission, Middletown, addressed the Council explaining the trees on Purgatory Road do not have much life left and trees can be planted on the opposite side of the newly constructed sidewalks.
Janice Hayes, Middletown, readdressed the Council noting that everyone in attendance is not support of the proposed project.
Discussion centered around some residents may not be able to attend the meeting and there have been emails in favor of the proposed project.
Theresa Silveira Spengler, Middletown, addressed the Council noting that it is a lot of work to request the abutters of the sidewalks to maintain them. Ms. Spengler explained that it is not easy to walk to the beach with small children.
Discussion centered around it is difficult to pull a wagon on grass, sidewalks enable access to the beach, safety is critical, the Administration is requesting authorization to continue the scope of work, changing the concrete sidewalks to include an option for aggerate finish to the bid process.
On motion of Vice President Welch, duly seconded, to allow the Town Administrator to tell the engineers to continue with the project, add alternate surface to exposed aggregate and add alternate granite curbing; Councillor Santos voted NO.
Discussion centered around if there was enough room for a bike path, including Esplanade sidewalks where they are able to fit within the project and at a later date the Town Council can reduce the scope of the project.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to allow the Town Administrator to tell the engineers to continue with the project, add alternate surface to exposed aggregate and add alternate granite curbing; Councillor Santos voted NO.
Item #12 was addressed at this time.
17. Memorandum of Town Engineer, re: MIDD-023-004, Pickleball Courts at Linden Park, Recommendation of Award of Contract to East Coast Construction.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to a future meeting at the request of the Administration.
18. Resolution of the Council, re: Award of Contract for construction of pickleball courts at Linden Park to East Coast Landscaping & Construction, Inc. and authorize the Finance Director to execute the agreement on behalf of the Town.
On motion of Vice President Welch, duly seconded, to continue this item to a future meeting at the request of the Administration.
19. Memorandum of Town Administrator, re: Energy Aggregation Consultation Contract Award.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
20. Resolution of the Council, re: Award of Contract – Energy Aggregation Consultation services to Good Energy, LP.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #19.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
21. Memorandum of Finance Director, thru Town Administrator, re: DPW Department Surplus Vehicles – 1998 Dump Truck, 2001 Tractor and 2007 Ford Taurus.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
22. Resolution of the Council, re: DPW Department Surplus Vehicles – 1998 Dump Truck, 2001 Tractor and 2007 Ford Taurus.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Councillor Santos inquired if any of the previous surplus vehicles were sold.
Finance Director Marc Tanguay, responded to Councillor Santos, noted he would forward her the information.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
23. Email communication of Danielle Campbell, re: Resignation from the MPC committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
24. Appointment of two (2) members to the Aquidneck Island Planning Commission, for terms expiring July 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Terri Flynn and Jeffrey L. Staats to the Aquidneck Island Planning Commission for a term expiring July 2023.
25. Appointment of four (4) members to the Beach Commission, for terms expiring November 2024.
On motion of Councillor Santos, duly seconded, it was voted unanimously to reappoint Charlene Rose-Cirillo, reappoint Morrie William Seiple and appoint Mark Donohue and Keven O’Connor to the Beach Commission, terms expiring November 2024.
26. Appointment of one (1) member to the Coastal Resources Management Council, Middletown Representative, for a term expiring November 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint John W. Bagwill to the Coastal Resources Management Council for a term expiring November 2024.
27. Appointment of two (2) members to the Discover Newport Board, for terms expiring September 2024.
On motion of Councillor Connerton, duly seconded, it was voted unanimously to reappoint Robert “Rocky” Kempenaar, II, and TR McGrath to the Discover Newport Board for terms expiring September 2024.
28. Appointment of one (1) member to the Economic Development Advisory Committee, term expiring January 2028.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint John W. Bagwill to the Economic Development Advisory Committee, term expiring January 2028.
29. Appointment of one (1) member to the Open Space and Fields Committee, term expiring November 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint James P. Cawley to the Open Space and Fields Committee for a term expiring November 2025.
30. Appointment of one (1) member to the Pension Trust Fund Committee, term expiring February 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Stephen Sams to the Pension Trust Fund Committee, term expiring February 2026.
31. Appointment of one (1) member to the Personnel Board, term expiring December 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Mike Taber to the Personnel Board for a term expiring December 2025.
32. Appointment of two (2) members to the Planning Board, term expiring February 2026. (Rule #33 of the Council Rules requires new applicants to be interviewed)
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Michael Fenton for a term expiring February 2026 and request the Town Clerk to re-advertise for the second Planning Board position.
33. Appointment of two (2) members to the Roads and Utilities Advisory Committee, terms expiring January 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Michael J. Gaston, professional member, and Matthew Sullivan, professional to the Roads and Utilities Advisory Committee for terms expiring January 2026.
34. Appointment of three (3) members to the Senior Citizens Board of Directors, terms expiring January 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Karen D. Johnson, Jean Mathews and Joyce Quinn to the Senior Citizens Board of Directors, terms expiring January 2026.
35. Appointment of two (2) members to the Tree Commission, terms expiring January 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Karen Day and Charles J. DiTucci to the Tree Commission, for terms expiring January 2026.
36. Appointment of two (2) members to the Zoning Board of Review, one (1) vacancy, Second Alternate, to complete a term expiring in April 2023 and one (1) vacancy, Third Alternate, to complete a term expiring April 2023. (Rule #33 of the Council Rules requires new applicants to be interviewed)
On motion of Vice President Welch, duly seconded, it was voted unanimously to request the Town Clerk to schedule interviews for Mark Donohue and Antone Viveiros to be held at the February 6, 2023, Regular Meeting of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:54 p.m.
Wendy J.W. Marshall, CMC
Council Clerk