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 M. Theresa Santos
Councillor Emily M. Tessier, Arrives at 5:44 p.m.
Councillor Dennis B. Turano, Members Present
POSTED MARCH 15, 2023
REGULAR MEETING MARCH 20, 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 20, 2023 at 5:30 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: 816 4520 3973 or on the web at https://us02web.zoom.us/j/81645203973
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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), (5) Land Acquisition (West Main Road), (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition, (1) Personnel (Town Administrator), (1) Personnel (Deputy Finance Director), (1) Personnel (Discussion of qualifications of applicants for the Bicycle and Pedestrian Advisory Committee), (2) Collective Bargaining (FOP) and (2) Collective Bargaining (IAFF) - review, discussion and/or potential action and/or vote in executive session and/or open session.
Vice President Welch announced that Emily Buck, Joe Easley, Lauren Freitas, Pat Grimes, Nathanael Hevelone, Glenna Johnson, Peter Midgley and Gabrielle Yoes-Favrot were notified in writing Pursuant to RIGL 42-46-5 (a) (1).
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:33 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:42 p.m.
Vice President Welch recused himself from action on the IAFF Collective Bargaining discussion in executive session, due to a possible conflict of interest.
On motion of Vice President Welch, duly seconded, it was voted unanimously to proceed with the purchase and sales agreement for 361-393 East Main Road property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Town Administrator to execute the documents for the 361-393 East Main Road property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Finance Directors recommendation to hire Patrick Guthlein as the Town Deputy Finance Director.
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 act as a Board of License Commission.
2. (Continued from the February 21, 2023 and March 6, 2023, Regular Meetings)
(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)
Public Hearing was declared open.
Attorney David Martland, 1100 Aquidneck Avenue and Manager of Island Cinemas Melony Forcier were present to answer Council inquiries.
Councillor Logan inquired if the staff serving alcohol at Island Cinemas will be TIPS certified.
Attorney David Martland, responding to Councillor Logan, noted anyone serving alcohol will be TIPS certified.
There being no other persons present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
3. Application of First Beach, LLC d/b/a Newport Beach Hotel/Restaurant, 1 Wave Avenue, holder of a Class BT Alcoholic Beverage License to transfer said license to TPG Middletown Beverage, LLC d/b/a Newport Beach Hotel/Restaurant, for use at the same premises. (Requires advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, advertise for public hearing for April 3, 2023.
4. Application of Back of the Bus, LLC d/b/a Ida’s Restaurant, 21 Valley Road, holder of a Class BV Alcoholic Beverage License to transfer said license to 86 Meatballs, LLC d/b/a Ida’s Restaurant, for use at the same premises. (Requires advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, advertise for public hearing for April 3, 2023.
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.
Antone C. Viveiros, Middletown, addressed the Council regarding red light cameras. Mr. Viveiros noted that he sees more people proceeding through red lights and explained this is a safety issue. Antone Viveiros requests the Town Council to take the issue seriously.
Lawrence Frank, Middletown, addressed the Council reading the following into the record:
Don Morin, Middletown, addressed the Council reading the following into the record:
Thank you, Mr. President, and members of the Town Council for allowing me to speak before you tonight. I would like to address two items that came up at the February 6th Town Council meeting. I realize I am only allowed to speak about one topic, but I see the two as being related, as they both have to do with RI Laws, or lack thereof.
During the Public Forum section of that meeting, Town Council Vice President Tom Welch spoke about the RI Open Meetings Act. As I watched that meeting on Zoom, I was surprised to learn how deficient the act is when it comes to educating both elected and appointed officials about its requirements.
I have only been a permanent resident of Middletown for about 2½ years now, having spent the prior 27 years living in central Massachusetts. While living in Mass., I spent six years as an elected official on a regional school committee and another eight years as an appointed member of two different building committees. Last year I was appointed to the Middletown School Building Committee. I realized then that in RI they do things quite differently from Massachusetts. I wasn’t sworn into my position. I wasn’t notified of the Open Meetings Act nor the Conflict-of-Interest Law. What is common practice in Massachusetts just doesn’t take place in RI.
MA law requires that newly elected and appointed officials read and acknowledge the Mass. Open Meeting Law when they are sworn in by the Town Clerk, and they must do so every time they are re-elected or re-appointed. In addition, Mass law requires these same officials, both elected and appointed, as well as all municipal employees take an online conflict-of-interest training course and to acknowledge the code of ethics when starting their position and must do so annually thereafter. While this is not a requirement in RI, perhaps Middletown might consider leading the way by establishing its own process to protect its elected and appointed officials from inadvertently violating these laws by starting its own education program for both elected and appointed officials. If you are interested in this, I would gladly offer to assist.
With regard to RI laws, at that same meeting, a resident spoke about having the tax increase for the potential school bond taken off the tax rolls after the bond is paid off. I must say that I am amazed that this isn’t required by law in RI. In Massachusetts, municipal officials can raise the tax levy by 2.5% over the prior year’s levy limit plus new growth without approval from the voters. In order to raise taxes more than 2.5%, a municipality must ask for voter approval, and it can do so in one of two ways: either through an override vote, which is typically used for recurring expenses that become a permanent increase in the levy limit, or, through a debt exclusion, which is a temporary increase used to finance capital expenditures typically by borrowing money that then gets paid off over a fixed number of years. Once the debt is retired, the exclusion ends because the community no longer needs to raise that extra tax revenue. I don’t know if there is a mechanism in place to pursue something like this should the school bond or any other bond for that matter be put to a vote, but it’s something I think the Town should consider investigating. It might garner additional support if voters knew that the tax impact wasn’t permanent. Thank you.
6. Approval of Minutes, re: Regular Meeting, February 21, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Regular Meeting, March 6, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Applications from the following named persons, firms and corporations for RENEWAL of Mobile Food Establishment Licenses (MFE), for the 2023-2024 licensing year:
MFE- Mobile Food Dispensing Vehicle: (Limit 10 per year)
1899, LLC d/b/a La Costa Lobster and Tacos- 250 West Main Road
Amano, LLC d/b/a Amano Pizza & Gelato- 250 West Main Road
Cluck Truck, LLC d/b/a Cluck Truck- 250 West Main Road (
Newport Chowder Company, LLC d/b/a Newport Chowder Company- 10 Pell Street, Newport
Castaway Gourmet, LLC d/b/a Castaway Gourmet- 60 Selina Lane, Portsmouth
Pete’s Ice Cream – 122 Viking Drive, Portsmouth
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
MFE - Non-Self Propelled Cart: (Limit 7 per year)
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
Advance Stores Company, Inc./Advance Auto Parts #7361- 957 West Main Road
Aldi, Inc./ Aldi- 890 West Main Road
Aspire Dermatology, LLC/Aspire Dermatology- 102 Valley Road
Barnes & Noble Booksellars, Inc./Barnes & Noble Booksellars- 1311 West Main Road
Beebe & Family, Inc.- 7-Eleven Food Stores- 726 Aquidneck Avenue
BJ’s Wholesale Club, Inc./BJ’s Wholesale Club- 173 East Main Road
Cardi’s Department Stores, Inc./Cardi’s Furniture Mattresses- 1199 West Main Road
Christmas Tree Shops, Inc./Christmas Tree Shop-19 East Main Road
Colbea Enterprises, LLC/ East Main Shell- 207 East Main Road
Colbea Enterprises, LLC/ West Main Shell- 1149 West Main Road
CoxCom LLC/Cox Communications- 882 West Main Road
Cumberland Farms, Inc./Cumberland Farms- 47 Aquidneck Avenue
CVS Pharmacy Inc./CVS Pharmacy #493- 99 East Main Road
FEDEX Office/FedEx Office #3795- 7 East Main Road
GameStop #5581- 288 East Main Road
General Nutrition Corp #3551/General Nutrition Corp.- 1364A West Main Road
Island Carpet & Floors- 695 West Main Road
Joe’s Kwik Mart, LLC/Joe’s Kwik Mart- 864 West Main Road
JT Releaf, LLC/Releaf Center- 1341 West Main Road
Keystone Novelties Distributor, LLC/Keystone Fireworks- 741 West Main Road
Marshall’s of MA, Inc/ Marshall’s Store #798- 288 East Main Road
Michael’s Stores, Inc./Michaels #3711- 1305 West Main Road
Neon Marketplace Operating I, LLC/Neon Marketplace- 533 East Main Road
Newport Cryotherapy, LLC/Island Wellness- 102 West Main Road
Newport National Golf Club, Inc./Newport National Golf Club- 324 Mitchell’s Lane
Newport Vineyards & Winery, LLC – 909 East Main Road
Ocean State Jobbers, Inc./ Ocean State Job Lot- 282 East Main Road
Office Superstore East, Inc/Staples- 870 West Main Road
PD Humphrey, Co., Inc./Beach Paint- 750 Aquidneck Avenue
PD Humphrey, Co., Inc./Humphrey’s Window and Door Design Gallery- 8 Coddington Highway
RPC, Inc./Rumford Pet Express- 99 East Main Road
Stop & Shop Supermarket Company – 1360 West Main Road
Walgreen Company #3000/Walgreens- 12 East Main Road
Wamm, Inc./Anthony’s Seafood & Restaurant- 963 Aquidneck Avenue
West Marine Products, Inc./West Marine- 379 West Main Road
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
10. Applications from the following named persons, firms and corporations for RENEWAL of Sunday Selling Licenses, for the 2023-2024 licensing year:
Andrew’s at Eastgate, LTD/ Gold’s Wine and Spirits- 1374 West Main Road
Aquidneck Package Store, Inc./Aquidneck Liquors – 15 East Main Road
Brewtus, Inc./Sandy’s Liquors-717 Aquidneck Avenue
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
11. Application of Lavender Haze, LLC dba The Roasted Clove Deli & Catering, 1151 Aquidneck Avenue, for a Victualling House License for the 2022-2023 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license contingent upon Building Official, Fire Marshal and Board of Health approvals.
12. Application of Utility, LLC dba Utility, 58 Aquidneck Avenue, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
13. Application of Wiener Wagon, LLC d/b/a Wiener Wagon, 250 West Main Road, for a Mobile Food Dispensing Vehicle License (MFE) for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
14. Application of WW Newport, LLC d/b/a Wally’s Hot Dog Cart, 222 Bellevue Avenue, for a Mobile Food Non-Self Propelled Cart License (MFE) for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, to grant said license.
Vice President Welch inquired where the carts will be located in the Town.
Town Clerk Wendy J.W. Marshall noted that Mobile Food trucks and carts can only be in the Office Parks or at a Special Event.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
15. Application for Special Event Permit from Cub Scout Pack 77, Middletown, for Cub Scouts Pack 77 Free Cycle Yard Sale to be held Saturday, April 22nd, 2023, from 7:30 am to 12:30 pm at the Middletown Library. (Applicant requests permit fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive permit fees.
16. Application for Special Event Permit from Quahaug Chapter of North American Family Campers Association for the Camp-O-Rama, to be held at Second Beach beginning Wednesday, September 13, 2023 through Sunday, September 17, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
Councillor Santos recused herself from acting on the following item of business #17, due to a possible conflict of interest.
17. Application for Special Event Permit from Middletown Historical Society for the Preserve Middletown Earth Day Event, to be held at Paradise Valley Park on Saturday, April 29, 2023 (Rain date Sunday, April 30, 2023) from 10:00 am to 4:00 pm. (Applicant respectfully requests permit and detail fees be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive permit and detail fees.
Council Santos returned to the dais.
18. Application for Special Event Permit from St. Columba’s Chapel for a Garden Party, to be held at St. Columba’s Chapel & Grounds, 55 Vaucluse Avenue, on Saturday, June 10, 2023 from 1:00 pm to 5:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
19. Application for Special Event Permit from Jan & Michelle Eckart, for the Alofsin Wedding, to be held at Sweet Berry Farm, 915 Mitchell’s Lane – The Orchard Field on Saturday, June 24, 2023 from 4:30 pm to 9:30 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
20. Application for Special Event Permit from Jan & Michelle Eckart, for the Ogren/Moran Wedding, to be held at Sweet Berry Farm, 915 Mitchell’s Lane – The Post & Beam Barn on Friday, September 15, 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.
21. Memorandum of Paul A. Croce, Chairman Planning Board, re: Comprehensive Plan Update Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, it was voted unanimously to form a Comprehensive Plan Update Committee and request the Town Clerk to advertise for public seats on the committee.
22. Communication of Tucker Holmes and Amanda McKelvey, Middletown, re: Request for abandonment of St. George’s Avenue paper road. (Council action to forward to the Planning Board and Roads and Utilities Advisory committee for review and recommendation)
On motion of Vice President Welch, duly seconded, to receive said communication and forward request to the Planning Board and Roads and Utilities Advisory committee for review and recommendation.
Patricia Connors, Middletown, addressed the Council noting that this request was before the Town Council about 25 years ago, she objected to the same request. Ms. Connors explained that the abandonment would eliminate access to her garage on St. George’s Avenue.
Tucker Holmes, Middletown, addressed the Council, reviewing his communication above.
Town Solicitor Peter B. Regan reviewed the process for an abandonment of property.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and forward request to the Planning Board and Roads and Utilities Advisory committee for review and recommendation.
23. An ordinance of the Town of Middletown (First Reading)
An ordinance in amendment to the Town Code of the Town of Middletown Title III, Administration, Chapter 36 Fee Schedule, (G) Public Works Department, (3) Public Works Private Detail Billing Rates.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Town Administrator Shawn Brown noted that the amendments to the ordinance are administrative in nature.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
24. Memorandum of Finance Director thru Town Administrator, re: FY2022 School Deficit Reduction Plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Finance Director Marc Tanguay reviewed the following slide:
Discussion centered around the Town’s pension is fully funded, the Town OPEB is in great shape, this adjustment is a onetime occurrence, ARPA monies were used for the structural deficit in the school budget and the current school budget is on track.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the School Deficit Reduction Plan, as presented by the Finance Director.
25. Memorandum of Finance Director thru Town Administrator, re: Solid Waste and Recycling Services Agreement – RI Resource Recovery Corp. FY2024-FY2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
26. Resolution of the Council, re: Approval of Agreement with Rhode Island Resource Recovery Corporation for fiscal years FY2024-FY2025 and authorizing the Finance Director to execute on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Discussion centered around if the Pay-As-You-Throw sticker fee may have to increase, the trash sticker increase will be discussed during budget meetings, tipping fees being increased and the Town receives a rebate for recycling which is estimated to be 40%.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
27. Memorandum of Finance Director, re: Contract Award of Architectural Services Firm for school buildings.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Derek Osterman, Colliers Project Leader and the Town’s OPM, addressed the Council, reviewing the two contracts above and answering Council inquiries.
Discussion centered around the termination clause for the contract, the Town has the right to terminate the contract at any time, tours of newly built schools, the impact of CTE and pathway programs, Stage II application deadline, providing more information to voters prior to the fall election, legislation which has been submitted requesting an increase in reimbursement rates, concern the bond amount will limit the Town’s ability to borrow monies and hard numbers for the bond reimbursement will be known at the end of the legislative session in June 2023.
The following persons requested that their emails to the Council be part of the record but were not present at the meeting.
The following was forwarded to the Town Council on March 20, 2023:
Dear Wendy, Please submit the comments of this email to the Town Council as Additional Information for Agenda item #27 of the March 20,2023 meeting and include them as part of the permanent public record.
Dear Council
I am writing to you to ask you to reconsider your positions on Agenda item 27. There are several reasons. First, in this economic climate and given the finances of the town it is a terrible idea. Interest rates are going up, our taxes are already high and going higher given reassessments.
Second It is unstainable. Put simply we can't afford it as a community. A double digit tax increase is unreasonable, How can we expect new families and new business to come to Middletown with such an unfavorable tax situation on the horizon.
Third, using the payment to the architects as a yes vote is not a viable reason to move forward. More to the point , pay them for the work they have done and stop. It is part of doing good research that supports a measured decision that optimizes what we already have instead of starting over again.
I would hope that the council can think through this whole plan and come up with a more reasonable and creative plan .
Sincerely
Bird Jones 306 Tuckerman Ave Middletown.
The following was forwarded to the Town Council on March 20, 2023:
Please submit the comments of this email to the Town Council as Additional Information for Agenda Item #27 of the March 20, 2023 meeting and include the comments as part of the permanent public record."
I would like to request that the town council vote NO on the school bond issue
Lisa and Tony Bliss
52 Ashurst Ave
Middletown, RI 02842
The following was forwarded to the Town Council on March 20, 2023:
RE: Item #27 Memorandum of Finance Director
Is the proposed Architectural Services contract subject to a condition precedent?
In light of the Town Council's decision to postpone the vote on the proposed $190 million school bond it does not seem like prudent business practice to award a contract for Architectural Services for a service that may or may not be approved by taxpayers. Doubling down on taxpayer liability on an unknown seems more akin to speculation than a contract award for a bona fide need.
Respectfully submitted;
Peter Horvath
Riverview Ave
Please submit the comments of this email to the Town Council as Additional Information for Agenda Item#27 of the 20 March 2023 meeting and include comments as part of the permanent record.
The following was forwarded to the Town Council on March 20, 2023:
Hi Wendy:
Please submit the comments of this email to the Town Council as additional information for Item 27 of the above meeting and include them as part of the permanent public record.
Thank you!
To the Town Council of Middletown, RI
March 20, 2023
Dear Council:
There are many factors to consider before going forward and approving the Architects’ fees for the $190 million School Bond. First and foremost, approving the fees for services now, ensures that by the time the School Bond is voted on in November, those fees will have increased from $1 million to $2.5 million with no guarantee of a percentage, if any, of reimbursement.
Without a doubt there are structural and safety issues in the schools that definitely need to be addressed. However, and most importantly, there are educational needs that necessitate further investigation before the architects continue with their design. Do we have a clear picture of what those needs are? As Middletown’s population is declining so too are our student populations shifting and decreasing. Are we looking to the future to ensure we keep pace with these changes?
I respectfully request that the Council curtail this vote until more information is made available to the public. There are too many unknowns at this point:
Looking to November, the financial consequences to the Town and the voters if the School Bond is passed, will be:
· Increased taxes,
· The potential of higher interest rates when there is a need to borrow again,
· A lowering of the Town’s credit rating,
· Surpassing the Town’s debt capacity.
· With the potential for higher interest rates increased labor and materials overages in a time of financial uncertainty.
Thank you for your much appreciated service to our town.
Best,
Judith Rosenthal
99 Shore Drive
Middletown
The following was forwarded to the Town Council on March 20, 2023:
Dear Wendy: Please submit the comments of this email below to the Town Council as Additional Information for Agenda Item #27 of the March 20, 2023 meeting and include them as part of the permanent public record."
Thank you!
---------- Forwarded message ---------
From: Rick Medeiros <rickjmedeiros@gmail.com>
Date: Mon, Mar 20, 2023 at 1:41 PM
Subject: Re: Massive confusion over $190M bond proposal - please help
To: Town Council <towncouncil@middletownri.com>
___________________________________________________
Happy Monday Council Members,
I'd like to reiterate, for the record, the below email in hopes that these questions and concerns can get answered or addressed. I find it concerning that all of this money would be spent into a school system that, over the years, has been shrinking. Furthermore, no effort in figuring out how the Council could reduce spending to absorb these costs, if all of you truly believe this is a prudent amount of debt worth incurring? Show us where the effort was put into that line of thinking please.
At least present a rational argument the other way as to why you believe this could be a bad idea. I'd hate to believe all of you didn't bother with a Cost / Benefit analysis that could shed light into the cons, and not just the 'pros'. Perhaps that is the discussion our community should have.
Do you disagree?
___________________________________________________
On Mon, Mar 6, 2023 at 2:58 PM Rick Medeiros <rickjmedeiros@gmail.com> wrote:
After reading up on the $190,000,000 bond proposal it has come to my attention that one way of paying for it is to raise taxes on our town by 14-15% to pay it off, fair enough. Where my confusion comes in is with the absence of a proposal where said bond is paid for with a prudent and sensible reduction to spending and trimming fat where it may exist.
Where is that said proposal? Surely, we're not running on 100% efficiency across the board are we?
I ask this because I do not recall Paul, nor Tom, nor Peter, Chris, Emily, Theresa, or Dennis ever running for Town Council on a history of uncreative fiscal administration or an anti-choice platform.
All I ask is for all of you to offer a choice. Present the other option, the option that offers your residents a glimpse of what it looks like if it were our public servants and local Government making the tough choices or sacrifices required to make this bond make fiscal sense.
Look forward to seeing what you have to offer.
v/r
- Rick Medeiros
The following was forwarded to the Town Council on March 20, 2023:
I am opposed the effort of awarding any contract to any Architectural Services firm at this time. A new school hasn't even gone to a vote yet. It is not right to subject the taxpayers this expense before a new school is even approved
Respectfully, Ed Sisk 71 Riverview Ave Middletown
The following was forwarded to the Town Council on March 20, 2023:
I am opposed to approving item #27 the Town Council Agenda this evening.
The reason I am opposed to approving the RIDE Stage III 50%-100% Schematic Design phase of the architect’s contract to design school buildings is I think it is a waste of my money as a taxpayer.
Please submit the comments in this email to the Town Council as Additional Information for Agenda Item #27 of the March 20, 2023 meeting and include the comments as part of the permanent public record.
Thanks,
Mike Flynn
Larry Connell, Middletown, addressed the Council noting concern with the ranking of Middletown High School according to US World report and current school department budget issues. Mr. Connell also noted per pupil costs in communities thought the state. Larry Connell inquired if a new school would guarantee student performance will increase.
John Bagwill, Middletown, reviewed the following email which was forwarded to the Town Council on March 20, 2023. Mr. Bagwill presented a hard copy of the email, below along with a copy of a The Rhode Island Monthly magazine Annual report “High School Report Card” for 2019, which is entered below.
Hi Wendy:
Please submit the comments of this email to the TC as Additional Information for Agenda Item 27 of the March 20, 2023 meeting and include the comments as part of the permanent public record.
Thanks,
John Bagwill
TOWN COUNCIL MEETING – MARCH 20, 2023
AGENDA ITEM 27 – ARCHITECT’S CONRACT
COMMENTS IN OPPOSITION
. Could this be an indicator of a deeper, system-wide problem?
PROPOSAL: RETAIN AN OUTSIDE GROUP TO REVIEW AND EVALUATE THE TOWN’S
EDUCATIONAL PROGRAMS. (APPLY TO THIS TASK THE SAME EFFORT YOU HAVE DIRECTED TO THE EVALUATION OF THE SCHOOLS’ PHYSICAL PLANT).
. Identify the areas that need improvement. Set priorities and action plans to meet goals.
. Changing your focus will send the message that you are more interested in the education of our children than “bricks and mortar”.
.Would this lead to the conclusion that the Town has focused more on “bricks and mortar” than on the education of its children?
. After raising taxes to fund new schools, there may be little appetite for spending money to improve the quality of the education provided to our children.
John Bagwill
March 20, 2023
Dave Dittmann, addressed the Council reviewing the following email, which was forwarded to the Town Council on March 20, 2023.
Wendy- item #27 will discuss the $190,000,000 Bond for Middletown schools- here is my position on this
1. Making Middletown more affordable is discussed constantly in council meetings and this bond would make more people leave this town due to taxes going up over 14%. As you know, young families are looking to off the island places to live due to the expense of living here. The numbers confirm this- the number of students in our schools goes down every year.
2. The $190,000,000 Resolution calls for a proposed budget to put into school construction, renovation, improvements, repair, landscaping, furnishing and equipments- where is money for getting the teachers that will make a bigger difference than a brand new construction
3. Thank goodness we are putting off the vote on this bond until the fall when a much bigger voter turnout will happen versus a special May vote
4. Newport thought they had a good budget for their new school and they found out it was way off- how does Middletown not get caught up in this
5. 4 years ago, a $10,000,000 bond was approved to fix the schools- does a detailed breakout exist?
6. With our bank crises currently, seems to me that postponing this massive amount for a bond, should be postponed.
SOLUTION- DEVELOP AN AFFORDABLE BUDGET TO FIX THE SCHOOLS THAT CAN BE PAID BACK WITHOUT CAUSING OUR SCHOOL BUDGET TO GET OUT OF CONTROL- THANKS SO MUCH- SEE YOU TONIGHT-DAVE
David N. Dittmann
President, Newport Lions Club
Terri Flynn, Middletown, addressed the Council reading the following into the record.
Nothing has changed since the Hilltop Securities report to Council on January 25, 2023: Taxes will substantially increase for all Residential and Commercial properties-this is bad for Middletown businesses, and bad for Middletown citizens. Middletown’s debt capacity will be maximized and, in some years, exceeded-this will cause Middletown’s credit score to drop which will then cause interest rates, for Middletown to borrow, to rise. The elementary schools will need replacing in 5 to 10 years-Middletown is going to need to borrow for those elementary schools and will have to do it at those higher rates. Middletown’s debt will increase 4 times over-that’s adding quadruple the debt to the debt the taxpayers currently have. This proposal is being made when the student population is down while labor, materials, and interest rate costs are up-and there is no expectation of that changing for the better. This is just bad business. That hasn’t changed since January 25th.
Middletown just finished, in 2022, the $10 million in repairs to the schools approved by the voters in 2016. Forty percent, almost half, of that bond was spent on a school that is going to be torn down. $20 million of the proposed bond is for those elementary schools that could very well be torn down. Entering into this architect’s contract will more than double the architect's fee due from $1M to $2.5M in November. Approving this contract with full knowledge of the unchanged negative economic indicators makes this contract an additional waste of taxpayer dollars, which is very bad business given the circumstances and conditions that are already catastrophic. Our household would not enter into such a contract and so this request is for Council not to approve the architect’s contract.
Antone Viveiros, Middletown, addressed the Council noting agreement with Terri Flynn. Mr. Viveiros suggests the Town repair the current school buildings.
Charlie Roberts, Middletown, Co-Chair of the School Building Committee, addressed the Council explaining that the School Building Committee is made up of 19 people. Mr. Roberts noted that RIDE would not approve repairing the current facilities, RIDE’s 2023 index states that the schools should be replaced. Charlie Roberts requests Council support to approve this contract.
Don Morin, Middletown, addressed the Council noting that the monies from the 2016 bond were used for infrastructure repairs/requirements to make the buildings safe, there were no educational enhancements. Mr. Morin also noted he is working on a website for the School Building Committee, which is up now for viewing and will increase transparency. Don Morin requested the Town Council to approve this contract.
Theresa Spengler, Middletown, addressed the Council noting that now is the time to invest in our schools, the students are our future. Ms. Spengler explained that waiting will only increase the cost of construction. Theresa Spengler requested the Town Council to approve this contract.
Terri Flynn, on behalf of Mike Flynn, read the following into the record.
(Read by proxy)
I understand one reason the town has delayed the election on this issue is to try to increase the reimbursements from RIDE. There is no guarantee of RIDE reimbursements increasing, but it is almost a guarantee that bond interest rates will increase in the next week or so. Any increase in RIDE reimbursements are likely to be offset by the increased bond interest rates.
Middletown just invested $10 million, plus interest, in all the school buildings. This proposal has taxpayers maximizing and exceeding the town’s debt ceiling for a school when the student population has been dropping for years. Taxpayers are already going to be paying more in taxes for things like: the deficit for affordable housing developments that have been approved, the recent increases in the tax exemptions that have been approved, the increases resulting from the upcoming property revaluations that are scheduled this year, and the inherent annual increases for town utilities, town insurances, and town employee salary increases, just to name a few. The estimated 14.6% tax increase only includes Open Space, Library and School bond debts, not any of the other items just mentioned.
Inflation is rising. Labor and material costs are rising. There couldn’t be a worse time to propose this debt and tax increase. Given the economic financial conditions and the number of increases in taxes already, voters are unlikely to support this proposal. The architects’ contract should be terminated, not approved. It doesn’t make sense to double the architect fees from $1M to $2.5M. Pay the architects their $1M and cut the taxpayers' losses, because there are no indicators that things are going to get better.
Discussion centered around the School Building Committee works well together, deadlines are in place to obtain more information regarding the school projects and educational benefits to the students, students are being left behind, the Council would like to see higher reimbursement for the bond and the need to get information regarding the bond out to the voters.
On motion of Vice President Welch, duly seconded, it was voted unanimously that the contract to provide architectural services to the Town of Middletown and Middletown Public Schools be awarded to HMFH Architects in the amount of $14,256,127.00 (Fourteen Million, Two Hundred Fifty-Six Thousand, One Hundred Twenty-Seven Dollars and no cents
That funding for
| Committed Fund Balance-West Main Rd | $ 900,000.00 |
| General Fund Unassigned Fund Balance | 1,238,419.00 |
| General Obligation Bonds | $12,117,708.00 |
and to be transferred to the School Department via a transfer from the town’s General Fund and authorize the Town Administrator to execute the contract.
28. (Continued from the February 21, 2023 and March 6, 2023, Regular Meetings)
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 appoint Emily Buck, Lauren Freitas, Pat Grimes, Glenna Johnson, Peter Midgley and Gabrielle Yoes-Favrot to the Bicycle and Pedestrian Advisory Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Emily Buck, Pat Grimes and Peter Midgley for a two-year term and appoint Lauren Freitas, Glenna Johnson, and Gabrielle Yoes-Favrot for a one year term to the Bicycle and Pedestrian Advisory Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:03 p.m.
Wendy J.W. Marshall, CMC
Council Clerk