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
Councillor Dennis B. Turano, Members Present
POSTED APRIL 26, 2023
REGULAR MEETING MAY 1, 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, May 1, 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: 812 4325 9822 or on the web at https://us02web.zoom.us/j/81243259822
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.
PLEDGE OF ALLEGIANCE TO THE FLAG
RECONSIDERATION
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.
5:30 P.M. - EXECUTIVE SESSION
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), (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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:35 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:31 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.
6:30 P.M. – REGULAR MEETING
PRESENTATIONS
2. Citation of the Council, re: “The Hurricanes” – Rogers/Middletown/Tiverton (RMT) High Schools Co-op Hockey Team.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue to the May 15, 2023, Regular Meeting.
3. Memorandum of the Middletown Center Citizens Advisory Committee, re: Proposals and Recommendations for the Middletown Center Development.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Members present representing the Citizens Advisory Committee were Melissa Welch, Karen Barbera, Emily Buck, Michael Fenton, Kerri James, Deborah Murphy and Sara Poirier.
Committee member Karen Roarke joined by zoom.
Melissa Welch, representing the Citizens Advisory Committee, presented a power point presentation of the Proposal and Recommendations for the Middletown Center Development, which is on file in the Office of the Town Clerk.
Discussion centered around the excellent job done by the Citizens Advisory Committee, presenting the recommendations to the Middletown Center Developers and the Council supports the committee recommendations.
Karen Barbera, Middletown, Citizens Advisory Committee Member, addressed the Council thanking the committee members for the amazing amount of time and effort for the Middletown Center project.
Councillor Connerton presented each committee member present at the meeting with a Town Trivet and thank you card.
TOWN BUSINESS UPDATE
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:
· Affordable Housing
· Middletown Center
· Green End Safety / Roundabout
· Roads
· Tax Reform
· Middletown Outreach Department
· 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
Discussion centered around the School Performance Audit, no bids have been received from the last two RFP’s for the School Performance Audit, consolidation of the school and town finance offices and the Green End Avenue roundabout project will be on a future docket.
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 following memorandum entered here:
Supporting School Building reports for this item are on file in the Office of the Town Clerk.
Discussion centered around the bond reimbursement percentage rates should be known by the end of June 2023, Affordable Housing/Senior Housing project at Oliphant School and trade programs that will be offered, if the new schools are constructed.
Councillor Santos left the dais at 7:47 pm
Lawrence Frank, Middletown, read the following into the record:
Enter memo
6. 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.
7. Approval of Minutes, re: Regular Meeting, April 3, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Special Meeting, April 13, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. Approval of Minutes, re: Regular Meeting April 17, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
10. Resolution of the Council, re: Proclaiming April 30 through May 6, 2023, As National Small Business Week in the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
11. Communication of Stephen M. Robinson, Attorney-At-Law, R & C, Robinson & Clapham, Attorneys at Law, on behalf of Margaret Matheson, re: RIGL § 45-15-5 Notice of Claim. (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 forward said claim to the Rhode Island Interlocal Trust.
Councillor Santos returned to the dais at 7:50 pm.
12. Communication of David McCauley, re: Safety and Traffic Concerns on East and West Main Roads.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Council President Rodrigues inquired if the Town Administrator had spoken to the Police Chief regarding this matter.
Town Administrator Shawn Brown, responding to Council President Rodrigues, noted he had spoken to the Police Chief regarding the matter and believes that cameras cannot be installed by the Town on a State Road. Mr. Brown will follow up on the matter.
13. Resolution of the Council, re: In support of FY2024 Proposed Infrastructure funds.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the resolution above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
14. Memorandum of Town Administrator, re: Pickleball Courts Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown updated the Town Council regarding the construction of pickleball courts. Mr. Brown explained that the Town did not secure grant funding and the bids for the project came in over budget. Town Administrator Shawn Brown is looking for alternate locations for pickleball courts other than Linden Park.
Discussion centered around the need to keep Linden Park as an option for other recreation, due to the possible construction of a new school at the drive-in property, the tennis courts at Gaudet cannot be utilized for Pickleball due to interscholastic league rules, the possibility of using the parking lot on West Main Road Recreation Center and the Town Administrator will provide an update at a future meeting.
15. Memorandum of Finance Director through Town Administrator, re: Equipment Purchase: Two Saber Fire Engines.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
16. Resolution of the Council, re: Equipment Purchase: Two Saber Fire Engines and authorize the Finance Director to execute said purchase on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #15.
Fire Chief James Peplau was present to answer Town Council inquiries.
Discussion centered around the surplus of the old pumpers, how the monies received from the surplus would be allocated, the new pumpers would have the standard equipment, it will take at least a year and a half to get the new pumpers, pumpers will be leased and there is a 15 year life expectancy for a pumper.
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 through Town Administrator, re: Equipment Purchase: Fire Department Radios.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
18. Resolution of the Council, re: Equipment Purchase of Fire Department Radios and authorize the Finance Director to execute said purchase on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #17.
Fire Chief James Peplau was present to answer Town Council inquiries.
Discussion centered around the grant funding received for the radios.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
19. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
20. 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.
21. Email communication of Karen Day, re: Resignation from the Citizens’ Memorial Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
22. Communication of Howard R. Hall, re: Resignation from the Conservation Commission.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
23. Communication of Rev. Laurie Percival Pauley, re: Resignation from the Middletown Prevention Coalition.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
24. Appointment of two (2) members of the Town Council to the Comprehensive Community Plan Update Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Council President Rodrigues and Councillor Tessier to the Comprehensive Community Plan Update Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:23 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri