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.
At a Regular Meeting of the Town Council of the Town of Middletown, RI at the Middletown Town Hall, 350 East Main Road, Middletown, RI in person, on Monday, June 5, 2023 at 5:02 P.M.
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, Members Present
Councillor Dennis B. Turano, Absent
POSTED MAY 31, 2023
REGULAR MEETING JUNE 5, 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, June 5, 2023 at 5:00 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: 817 4117 3106 or on the web at https://us02web.zoom.us/j/81741173106
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.
School Committee Chair Theresa Spengler called the School Committee meeting to order.
Present representing the School Committee were School Chair Theresa Spengler, Vice Chair Tami Holden and Member William O’Connell.
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, (5) Land Acquisition, (1) Personnel (Town Administrator), (2) Collective Bargaining (Library/NEARI), (5) Lease (JFK School), (2) Collective Bargaining (NEARI Teachers), (2) Collective Bargaining (NEARI Teacher Aids), (2) Collective Bargaining (Council 94), (2) Collective Bargaining (FOP), (2) Potential Litigation and (2) Collective Bargaining (IAFF) - 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 5:05 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:38 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Library NEARI contract.
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.
Vice President Welch requested a moment of silence for Council President Rodrigues’ sister Susan Randall.
Council President Rodrigues requested a moment of silence for Councillor M. Theresa Santos, who recently passed away.
Council President Rodrigues explained the Town Council has lost a colleague and a friend that everyone knows as Mrs. Santos or Mrs. S. Mr. Rodrigues explained she served on the Council for 20 plus years, noting her dedication to the Town.
Councillor Connerton explained he was just starting to get to know Mrs. Santos. Mr. Connerton noted that Mrs. Santos loved Middletown, was a true citizen, public servant and will be greatly missed.
Vice President Welch explained that he has never not known Mrs. Santos and her family. Mr. Welch noted Mrs. Santos’ love for the Town, and she served the Town in many ways, but in different positions.
Councillor Logan explained that Mrs. Santos was selfless, cared for Town, was kindhearted and it was tough to change her mind. Mr. Logan noted she will be greatly missed.
Councillor Tessier explained that she was just getting to know Mrs. Santos and quickly realized her dedication, explaining she was smart, witty, truly cared about people and was very kind.
Council President Rodrigues explained that he is a friend of Santos family. Mrs. Santos was a true professional, whose only motive was to make Middletown a better place for all those residents by consistently watching the bottom line. Mr. Rodrigues thanked Mrs. Santos for her 20 plus years of Council service to the citizens of Middletown.
2. Citation of the Council, re: Caitlin Brett for her service to the Middletown Prevention Coalition (MPC).
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
3. Citation of the Council, re: Aleksandr Kobrynich for his service to the Middletown Prevention Coalition (MPC).
On motion of Councillor Logan, duly seconded, it was voted unanimously to begin said presentation.
Vice President Welch presented Caitlan Brett and Aleksandr Kobrynich with citations and a small token of appreciation.
Vice President Rodrigues explained why all the Councillors were wearing the Santos Slayers T-Shirts, noting the Council played in the Middletown Prevention Coalition Dodge Ball Tournament. Mrs. Santos was the Coach for the Council team; the T-Shirts were designed by Councillor Connerton and are worn in honor of Councillor M. Theresa Santos. Mr. Rodrigues also noted that the hydrangeas were donated to the Town by Carol Cummings in honor of Councillor Santos and will be planted at Town Hall.
4. The Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update on Town Projects.
Town Administrator Shawn Brown updated the following projects:
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 email above.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
6. (Public Hearing Advertised; abutters notified)
Application of Baja’s Fresh Grill IV, LLC d/b/a Baja’s Fresh Grill, 330 West Main Road, for a Class BL Liquor License for use at the same premises.
Public Hearing was declared open.
Bahij Boutros, owner of Baja’s Fresh Grill IV, LLC, addressed the Council noting that he has several other restaurants in the state that sell beer and wine. Mr. Boutros explained the restaurant closes by 10 pm.
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.
7. Application of S.H.I.J., Inc. dba New Sea Shai, 747 Aquidneck Avenue, to TRANSFER said Class BV Liquor License to Pinoykabayan, LLC dba Filipino Asian Cuisine and Sushi Bar for use at the same premises. (New; Requires Advertising for a future Public Hearing to be held on June 20, 2023.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise said license for a public hearing to be held on June 20, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
8. 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 inquiring about the status of a performance audit for the School Department. Mr. Viveiros also noted that the Town should be in charge of the school finances.
Council President Rodrigues, responding to Mr. Viveiros, explained that there were no bidders for the audit project and the scope of the project is being revised.
9. Approval of Minutes, re: Regular Meeting, May 15, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
10. Approval of Minutes, re: Special Meeting, May 20, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
11. Application of Jennifer Beirola, Portsmouth, RI for RENEWAL of a Tattoo License for the 2023-2024 Licensing year, to be used at 554 West Main Road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
12. Transfer of Burial Lot, re: Joan Brown of Delaware and Elizabeth Heidrich of Arkansas to the Town of Middletown – Section 5, Lot 11.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said transfer of burial lot.
13. Application for Special Event Permit from Amanda Sargisson, Bike to the Beach, Inc. for Bike to the Beach – New England 100 Mile charity bike ride from Boston, benefiting Autism service providers, to be held on Saturday, September 23, 2023 beginning at 9:00 am to 6:00 pm – Route through Middletown (Various Town roadways, ending at Second Beach parking lot).
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
14. Application for Special Event Permit from East Bay Community Action Program for Molar Express, Dental visits for children 2-21, free care for uninsured to be held Friday, June 23, 2023 and Friday, June 30, 2023, from 8:00 am to 5:00 pm at Linden Park. (Applicant requests permit fees be waived)
On motion of Vice President Welch, duly seconded, to grant said special event permit.
Council President Rodrigues noted the Molar Express 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.
15. Application for Special Event Permit from Sweet Berry Farm, 915 Mitchell’s Lane for Sampson Marriage Celebration to be held on Saturday, August 19, 2023 from 5:00 pm to 10:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
16. Application for Special Event Permit from NewportFILM for Outdoor Film Screening with Food Vendors and Live Music to be held on Thursday, July 20, 2023 setup at noon, event is from 6:00 pm to 11:00 pm at 2nd Beach parking lot, 315 Sachuest Point Road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
17. Application of AQ, Inc. dba Aquidneck Restaurant, 27 Aquidneck Avenue, for an Amusement License for the 2023-2024 licensing year. (New; Indoor Entertainment – Live Music, Karaoke, Acoustic, Band (1 to 4 people), DJ, etc.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license; indoor entertainment only, all windows and doors closed.
18. Communication of Jo Glenning and Larry Dame, Golf Tournament Chairs, Special Olympics, YMCA, re: Requesting support for the Newport County YMCA Charity Golf Tournament by sponsoring one or two tee signs.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and sponsor a tee sign in the amount of $150.00 to be appropriated from the Council President’s Discretionary Fund.
19. Email communication of Kevin Lendrum, MHS Boys’ Basketball Coach, Middletown High School, re: Requesting support for the Summer Basketball League.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and authorize $650.00 for the Summer Basketball League to be appropriated from the Council President’s Discretionary Fund.
Town Solicitor Peter B. Regan recused himself from acting on the following item of business, due to a possible conflict of interest.
20. Communication of Michael Flynn, President Easton’s Point Association, re: Proposed STR Ordinance – Number of Dwelling Units Per Lot – Residential Zones.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Michael Flynn, Middletown, addressed the Council reading the following into the record.
Discussion centered around the number of properties that have more than one short term rental (STR) on a single lot, four out of five of the STR properties that have more than one STR on a lot are in Easton’s Point and the Town Council is waiting for review and recommendations regarding STR’s from the Planning Board.
Lawrence Frank, Middletown, addressed the Council reading the following into the record.
John Bagwill, Middletown, addressed the Council expressing his support for the draft ordinance submitted by Michael Flynn, President of the Easton’s Point Association. Mr. Bagwill noted concern that current or future STR properties could expand the number of STR units on each lot.
On motion of Vice President Welch, to forward Mr. Flynn’s draft ordinance to the Conflict Solicitor for review, have the current short-term rentals keep the number of units they have and not be able to increase their units.
Art Weber, Middletown, addressed the Council explaining short-term rentals impact various aspects in the Town. Mr. Weber noted the Planning Board recommendation regarding short-term rentals will be presented to the Town Council at the June 20, 2023 regular meeting.
Discussion centered around limiting the number of short-term rentals units allowed per lot and looking for advice from the Conflict Solicitor on how to accomplish that.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to forward Mr. Flynn’s draft ordinance to the Conflict Solicitor for review, have the current short-term rentals keep the number of units they have and not be able to increase their units.
21. Memorandum of Vice President Welch, re: St. Columba’s Church, 55 Vaucluse, has hired Principe Engineering of Tiverton to design drainage improvements to help mitigate flooding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Melissa Welch, Middletown, representing the St. Columba Historic Preservation Trust, which is separate from the St. Columba’s parish, addressed the Council reviewing the following power point presentation, entered here:
Karen Beck, Engineer, Principe Engineering, Tiverton, RI, assisted with the presentation and was present to answer Council inquiries.
Karen Beck, Engineer, Principe Engineering addressed the Council explaining she has created a series of swales and two new catch basins to get the water away from the cemetery.
Discussion centered around the old pipes in the area are most likely clay and have collapsed, the swales are on Town property and the Town is concerned with future maintenance of the upgrades.
Department of Public Works Director Robert Hanley addressed the Council noting the area is wet and there is a need to review the issues. Mr. Hanley presented a handout to the Town Council, entered here:
Interim Town Engineer Steve Cabral reviewed the handout above noting concerns with the proposed modifications presented by Principe Engineering. Mr. Cabral agrees there is a problem in the area and will review the issue.
Melissa Welch, Middletown, addressed the Council requesting a time frame to address the issue.
Discussion centered around the time frame would be a few weeks for design/inspection of the area, the possibility of the project being completed in house during this construction season and the Public Works Director and Interim Engineer will put a plan together.
22. At the request of Vice President Welch, Resolution of the Council, re: Recommending the RI State Senate and House withdraw Bills S0466 and H5656.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Vice President Welch addressed the Council explaining that passage of these bills would allow RI Energy to remove trees from residents’ property without their permission.
Karen Barbera, representing the Tree Commission, noted the commission is strongly opposed to this legislation and requests support for the resolution.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
23. Memorandum of Finance Director, through Town Administrator, re: School Department-Surplus Equipment.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
24. Resolution of the Council, re: School Department – Surplus Equipment.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
25. Memorandum of Finance Director, through Town Administrator, re: Vehicle Purchase: Sewer Utility Truck.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
26. Resolution of the Council, re: Vehicle Purchase: Sewer Utility Truck.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues noted this item is in the current Sewer Fund CIP.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
27. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
28. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
29. Communication of Tax Assessor and Finance Director, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
30. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
31. Memorandum of Town Clerk, re: Discussion of Process for Filing Town Council Vacancy.
On motion of Vice President Welch, duly seconded, to receive said memorandum and direct the Town Clerk/Canvassing Clerk to canvass the Town Council candidates from the November 2022 ballot from highest to lowest votes to find the next qualified/interested candidate.
Arthur Weber, Middletown, addressed the Council noting agreement with the process to canvass the next highest vote getter from the November 2022 election.
Michael Flynn, Middletown inquired why the Town Council would not have the position filled at the November 2023 Special Election.
Town Solicitor Peter B. Regan, responding to Mr. Flynn, explained that the Town Charter is clear that the Town Council shall appoint someone, which makes it mandatory to appoint and that person is to serve until the next regularly scheduled election. Mr. Regan noted the election in November is a Special Election.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and direct the Town Clerk/Canvassing Clerk to canvass the Town Council candidates from the November 2022 ballot from highest to lowest votes to find the next qualified/interested candidate.
32. Confirmation of appointment of one (1) member to the Middletown Tree Commission by the Conservation Commission, for a term expiring November 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to confirm the appointment of Phil Roberson to serve as the Conservation Commission representative on the Middletown Tree Commission for a term expiring November 2026.
33. Confirmation of appointments from various Boards and Committee members to the Comprehensive Community Plan Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to confirm the appointments of Bill Seiple Beach Commission representative, Peter Midgley Bike & Pedestrian Advisory Committee representative, Melissa Welch Conservation Commission representative, Valerie Gelb Economic Development Advisory Committee representative, Karen Barbera Tree Commission representative and Tom Heaney Zoning Board of Review representative on the Comprehensive Community Plan Committee.
34. Review of Town of Middletown Proposed Budgets and Capital Improvement Plan, General Fund, Parks & Recreation Fund, Sewer Fund and Refuse & Recycling Fund of the Fiscal Year 2023-2024 and matter related thereto.
· IT Department
· Police Department
· Civic Appropriations
· Finance Department
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin review of Town of Middletown Proposed Budgets and Capital Improvement Plan, General Fund, Parks & Recreation Fund, Sewer Fund and Refuse & Recycling Fund of the Fiscal Year 2023-2024 and matter related thereto.
IT Department
IT Director Matthew Wainwright was present to answer Council inquiries.
Discussion centered around the cost of the new software for the Finance Office which will support the Town and Schools, increase in software license fees and the cost of upgrades to the Town’s IT security.
Police Department
Police Chief Anthony Pesare, Captain Jason Ryan and Administrative Assistant Lisa Sisson were present to answer Council inquiries.
Discussion centered around police presence around the town, body cameras, Police detail software system, radios for the school, a surveillance vehicle, speed cameras in the school zones, state roads require permission from DOT to use red light cameras and the MPD is on track with the vehicle replacement program.
Civic Appropriations
Healthy Communities Coordinator Lori Turner was present to answer Council inquiries.
Healthy Communities Coordinator Lori Turner addressed the Council noting that the Outreach Committee has met with all the Civic Appropriation applicants and recommends level funding from FY2022.
Discussion centered around there are five to six new organizations added to the Civic Appropriation list, Newport County Mental Health had a big-ticket item for their building project and a mid-year report was added to the Civic Appropriation process.
Finance Department
Town Administrator Shawn Brown and Finance Director Marc Tanguay were present to answer Council inquires.
Finance Director Marc Tanguay reviewed the following:
Discussion centered around positions in the shared Finance/School Finance Office, cost of finance software and other communities are using the software that will be purchased by the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 9:04 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 9:41 p.m.
Council President Rodrigues recused himself from acting on land acquisition, during executive session, leaving the session at 9:33 pm.
Vice President Welch presiding.
Council President returned to open session at 9:41 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to extend the exclusive negotiation agreement for West Main Road for an additional 90 days.
On motion of Vice President Welch, duly seconded, it was voted unanimously to extend the JFK Lease for three months.
On motion of Vice President Welch, duly seconded, it was voted unanimously to accept Amendment Number 3 to the employment agreement for the Town Administrator.
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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:43 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri