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 M. Theresa Santos
Councillor Emily M. Tessier
Councillor Dennis B. Turano, Members Present
Councillor Christopher M. Logan, Absent
POSTED MARCH 1, 2023
REGULAR MEETING MARCH 6, 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, March 6, 2023 at 6:00 P.M. Presentations 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: 881 0662 7776 or on the web at https://us02web.zoom.us/j/88106627776.
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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.
Council President Rodrigues noted that anyone that is present to speak on the 190-million-dollar school construction bond special election in May, the item will be withdrawn. Mr. Rodrigues explained there are several reasons for withdrawing at this time; there will be an election for Congressman Cicilline’s seat coming up, which would save money allowing the Town to have one election instead of two, holding off this election gives the Town more time for the General Assembly to make a decision on the percentage of reimbursement that will be received giving more concrete numbers to the voters. Council President Rodrigues noted that the election may be held in November and the Town Clerk will provide the Council with a definite date. Mr. Rodrigues explained there is a risk involved with waiting for the election, to keep the project moving forward the Town will spend an additional one to one and half million dollars for the architects and design, which would be reimbursed if the bond passes.
Valerie Gelb, Middletown, addressed the Council requesting that in the future the bond resolution not be placed on the consent calendar of the Town Council agenda.
On motion of Vice President Welch, duly seconded, it was vote unanimously to act on item #6, at this time.
Town Clerk Wendy J.W. Marshall noted that item #6 was posted for 6:30 pm.
Council President Rodrigues noted that the item will be acted on at 6:30 pm.
1. Paige Myatt, Aquidneck Island Regional Resilience Coordinator, re: An update on climate resilience efforts, as well as progress made within the Town of Middletown.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update.
Kimberly Korioth, Program Manager Rhode Island Infrastructure Bank, addressed the Council presenting the first two pages of the Aquidneck Island Regional Resilience PowerPoint, which is on file in the Office of the Town Clerk.
Page Myatt, Aquidneck Island Regional Resilience Coordinator for the Rhode Island Infrastructure Bank, addressed the Council presenting pages three through ten of the Aquidneck Island Regional Resilience PowerPoint, which is on file in the Office of the Town Clerk.
Vice President Welch inquired what Brownfield Remediation is.
Page Myatt, responding to Vice President Welch, explained that Brownfield Remediation is the remediation of a of hazardous materials on a contaminated site.
2. Robert Crump, Interim Chair, Library Board of Trustees and Theresa Coish, Library Director, re: Discussion of the Library building program.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Present representing the Library Board of Trustees were Board Chair Sarah Mullen, Vice Chair Robert Crump and members Anna Anton, Joan DeFinis and Dr. William Haffner- Jones.
Also, present was Librarian Theresa Coish.
Libarian Theresa Coish, presented a PowerPoint of the Executive Summary for the Library Building Program to the Town Council, which is on file in the Office of the Town Clerk.
Discussion centered around when the existing library building was constructed and renovated, the library building consultant, Lauren Stara, is also a librarian, coordinating/collaborating resources throughout the Town including programs for students and the library does not provide transportation for patrons to and from the library.
3. Town Administration 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:
· Affordable Housing
· Middletown Center
· Green End Safety / Roundabout
· Roads
· Tax Reform
· Middletown Outreach
· School Building Committee
· Middletown IT Department Update
· Bond – Infrastructure
· Pickleball Courts
· Keeping Middletown Clean
· ARPA Money/Projects
· Town/School Consolidation
· Water Issues/Maidford River Project
· Short-Term Rentals
· Build-Out Study Recommendations
· School Performance Audit
· Regionalization
· Marijuana Legalization
· Strategic Planning
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
4. (Continued from the February 21, 2023, Regular Meeting.)
(Advertised for Public Hearing; abutters notified)
Application of Island Cinemas 10, LLC, 866 West Main Road (Plat 106, Lot 150), for a Class BL Liquor License for use at the same premises. (New)
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the March 20, 2023, Regular Meeting of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
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.
No one spoke during this session.
Council President Rodrigues requested that item #6 be heard under the regular portion of the agenda.
6. Resolution of the Council, re: Authorizing submission of proposed School Construction/Renovation/Improvement/Repair/Landscaping/Furnishing and Equipping of New Schools throughout the Town in the amount of $190,000,000 Bond question to the Secretary of State for inclusion on the May 2, 2023, Special Election Ballot.
On motion of Vice President Welch, duly seconded, to withdraw said resolution.
Council President Rodrigues noted that the Cicilline Special Election gives the Elected Officials the opportunity and time to get more information to the voters regarding the bond question. Mr. Rodrigues explained combining the bond question with the Cicilline Election will save money and eliminate another loss of a school day. Council President Rodrigues reviewed the following:
Phase II of the School Building Project will be completed around June, which will provide:
1. Education programs
Project details
Long-term district wide building plan
2. Reimbursement – The General Assembly will have acted on all the pending legislation.
3. Allow for more time to connect with voters.
4. There will be no disruption to any work by the Building Committee.
The election will be in the fall of 2023.
The Administration will work with the legislators to amend the legislation at the state house.
There is a risk involved with waiting for the election to keep the project moving forward the Town will spend an additional one to one and half million dollars, which will be reimbursed if the bond passes.
Terri Flynn, Middletown, addressed the Council inquiring why House Bill 5526 has no specific reimbursement amount within the legislation.
Town Administrator Shawn Brown responding to Ms. Flynn, explained that the current House and Senate Bills will have a sub-A submitted for each to reflect the change of date for the election. Mr. Brown noted there is legislation submitted by the legislators for 65% reimbursement.
Terri Flynn, Middletown, suggested to add a minimum reimbursement to the legislation.
Town Solicitor Peter B. Regan will follow up with Bond Counsel to prepare the sub-A legislation for the bills.
Councillor Turano requested a new timeline for the project.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said resolution.
7. Communication of Amanda L. Corrao, Attorney-At-Law, The Bottaro Law Firm, LLC, on behalf of Jameel Isaac, re: RIGL § 45-15-9 Notice of Injury. (Council action is to refer to the Rhode Island Interlocal Trust)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and refer this item to the Rhode Island Interlocal Trust.
8. Memorandum of Finance Director, thru Town Administrator, re: Library Lease: Friends of the Middletown Public Library, Inc.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum, approve said Library Lease renewal through June 30, 2024 and authorize the Town Administrator to execute the MOU to allow the Middletown Public Library to operate the Friends Bookstore at the Middletown Public Library.
9. Application for Special Event Permit from Pulse Gym & Studios for Pulse Beach Boot Camps at Second Beach (Tuesdays and Thursdays) from Tuesday, May 16, 2023 to Thursday, August 31, 2023, from 5:30 am to 7:30 am.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit.
10. 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 reviewed the memorandum above.
Discussion centered around the need to have a better relationship with Newport Water Department, a plan for Middletown’s infrastructure from the City of Newport, the City of Newport Infrastructure Replacement plan 5-year update was provided to the Town Council by email, issues are addressed through the Public Works Director and the Town Engineer with the City of Newport, and the Public Utilities Commission regulates the water utility.
11. Memorandum of Town Administrator, re: Newport Water- Middletown Infrastructure Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
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 three power point slides 1) Analysis of Tax Principles 2) Property Tax Model and 3) Current Tax Model, which are on file in the Office of the Town Clerk.
13. Memorandum of Town Administrator, re: Discussion of Tax Reform.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum and attachments above.
14. Memorandum of Councillor Turano, re: School ARPA Funds Allocation & Beyond the Bell Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Superintendent Rosemarie Kraeger reviewed the following:
Discussion centered around the Gaudet Baseball field and High School Softball field and if the Town Council requires more information, the item will can come back to be addressed by the Council at a later date.
15. Memorandum of Finance Director, thru Town Administrator, re: Statistical Revaluation Program of Taxable Real & Exempt Real Property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
16. Resolution of the Council, re: Award of Contract for Statistical Revaluation Program of Taxable Real and Exempt Real Property.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #15.
Councillor Turano requested that Vision Appraisal attend a Council meeting to explain the revaluation assessment process.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
17. Memorandum of Finance Director, thru Town Administrator, re: Building Vehicle purchase.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
18. Resolution of the Council, re: Building Vehicle purchase.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #17.
Finance Director Marc Tanguay noted that vehicle is a 2023 model.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
19. Memorandum of Finance Director, thru Town Administrator, re: Police Department Surplus Vehicles.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
20. Resolution of the Council, re: Police Department Surplus Vehicles.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues inquired if the vehicle was suitable for use by the Building Department.
Town Administrator Shawn Brown, responding to Council President Rodrigues, noted that the vehicle would have been reviewed prior to surplus, it has been deemed unsafe.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
21. (Continued from the February 21, 2023, Regular Meeting)
Memorandum of Finance Director, re: Financial Report – Six Months Ended December 31, 2022.
On motion of Vice President Welch, duly seconded, to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the memorandum above and slide entered here:
Discussion centered around if the School Budget will remain balanced by the end of the fiscal year, all school requisitions are reviewed by the Town Finance Director and the Finance Director seems certain that the School Budget will remain balanced at the completion of the fiscal year.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
22. (Continued from the February 21, 2023, Regular Meeting.)
Appointment of four (4) members to the Bicycle and Pedestrian Advisory Committee, terms to be determined.
On motion of Vice President Welch, duly seconded, it was voted unanimously to accept the description and have discussion.
Vice President Welch requested that this item be continued to the next regular meeting to improve the process to appoint. Mr. Welch explained he spoke to the Town Solicitor about the Town Council having the option to review and discuss appointments in Executive session. Vice President Welch noted the applicant must be notified in advance and has the option to have the discussion in open session.
On motion of Vice President Welch, duly seconded, to continue this item.
Town Solicitor Peter B. Regan explained that the open meetings act allows for executive session to include any discussion of job performance, character, physical or mental health of a person or persons, provided that the person or persons affected shall have been notified in advance in writing and advise that they may request the discussion be held in an open meeting. Mr. Regan cited an example could be a personnel discussion about an employee that would apply, but it also applies to non-employees and applies to appointees such as himself. Mr. Regan explained the council could conduct interviews for appointees to boards in executive session and the Council could also discuss qualifications of applicants in executive session, but as was noted it is required to notify those persons in advance; and that person can say no, and request the discussion be held in open session. Town Solicitor Peter Regan noted if that happens, then it's no longer an executive session.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item.
23. Communication of Christopher Bove, re: Resignation from the Affordable Housing Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and accept said resignation with regret.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:39 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri