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 Emily M. Tessier
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
AMENDED AND POSTED NOVEMBER 15, 2023
(See additional language items #6 & #7)
POSTED NOVEMBER 15, 2023
REGULAR MEETING NOVEMBER 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, November 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: 837 7309 1254 or on the web at https://us02web.zoom.us/j/83773091254
If you choose 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, 5) Land Acquisition and (5) Land Acquisition, (5) Land Acquisition and (2) Potential Litigation - 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 5:33 p.m.
Town Solicitor Peter B. Regan recused himself from acting on a Land Acquisition item, due to a possible conflict of interest. Mr. Regan left the session at 6:16 p.m.
Town Solicitor Peter B. Regan returned to the session at 6:19 pm.
Town Solicitor Peter B. Regan recused himself from acting on the Potential Litigation item, due to a possible conflict of interest. Mr. Regan left the session at 6:20 p.m.
Councillor Turano recused himself from acting on the Potential Litigation item, due to a possible conflict of interest. Councillor Turano left the session at 6:20 p.m.
Council President Rodrigues recused himself from acting on the Potential Litigation item, due to a possible conflict of interest. Council President Rodrigues left the session at 6:22 p.m.
Vice President Welch Presiding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:45 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the MOU Between the USDA, Natural Resources Conservation Service, The Rhode Island Association of Conservation Districts and the Town of Middletown and authorize the Town Administrator to execute the document on behalf of the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution, as approved by bond Counsel for Open Space.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution, as approved by bond Counsel for Open Space.
Council President Rodrigues noted that the resolutions were passed for the purchase of the Hoogendoorn property.
Town Administrator Shawn Brown explained that the funding for the purchase is from two Open Space bonds approved by the voters.
Council President Rodrigues thanked Dick Hoogendoorn and Vic Hoogendorn.
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.
2. Communication of Police Chief, re: Promotional Ceremony.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and begin the Police Department Promotional Ceremony.
Chief Anthony Pesare introduced and presented biographies on Sergeant Timothy Brady being promoted to the rank of Lieutenant, Officer Benjamin Costa being promoted to the rank of Sergeant and Probationary Officers Alfredo Lorenzo and Michael Cazzarro, all were sworn in by the Town Clerk Wendy J.W. Marshall and pinned by a family member.
Council President Rodrigues requested a moment of silence for lifelong Middletown resident James McLeish.
3. 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:
Council President Rodrigues thanked the voters for going to the polls and passing the School Facility Bond as well as the School Building Committee for all their hard work. Mr. Rodrigues noted that there have been questions regarding a recount for the bond question, explaining there will not be a recount. Council President Rodrigues explained the Board of Elections is the authority that would grant a recount (by state law), a recount is not the decision of the Town Council.
4. 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.
Lawrence Frank, Middletown, addressed the Town Council, reading the following into the record.
Councillor VonVillas, responded to Mr. Frank, that she had no idea that the person purchasing the home would not reside there.
5. Memorandum of Councillor Turano, re: School Committee/School Department overview on the 2023/2024 School Opening. (Forwarded to the School Administration to be addressed during the Revenue Conference on January 16, 2024)
On motion of Vice President Welch, duly seconded, to receive said memorandum and forward to the School Administration to be addressed during the Revenue Conference on January 16, 2024.
Councillor Turano reviewed the memorandum above.
School Committee Chair Theresa Spengler was on zoom and participated in the discussion.
Discussion centered around the materials/information Councillor Turano is requesting is reviewed during School Committee meetings, School Committee meetings are recorded, and the Town Council being added to the School Principals end of the week emails.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and forward to the School Administration to be addressed during the Revenue Conference on January 16, 2024.
6. Memorandum of Town Planner, thru Town Administrator, re: Public Hearing – 2023 RIDEM Recreation Development Grant: Proposed Pickleball Courts, John Clarke Rd.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Public Hearing was declared open.
Town Administrator Shawn Brown reviewed the memorandum above. Mr. Brown noted the CIP or Open Space bond will be used for the project; the Town should be informed in the spring, if the grant is awarded to the Town and the Town Council can decide at that time, if they wish to proceed with the project.
Discussion centered around parking in the area for the Pickball Courts and the monument on the property being moved.
There being no other persons present desiring to be heard, public hearing was declared closed.
7. Resolution of the Council, re: 2023 RIDEM Recreation Development Grant: Proposed Pickleball Courts, John Clarke Rd. – Authorizing the Planning Department to prepare and submit the grant application.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
8. Memorandum of Operations & Facility Manger, re: Recommendations for Second Beach Family Campground Seasonal Rate.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
9. 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, (D) Parks and Recreation (2) Campground Fees.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Town Administrator Shawn Brown explained this amendment was brought up during budget discussions.
Operations and Facility Manager Will Cronin addressed the Council reviewing the memorandum above.
Discussion centered around why should the town reduce the campground fees when there is a waiting list for the campground, the patrons will receive less for their money once the capacity of the campground increases, rates of the other comparable campgrounds in the area and revisiting the issue after this campground season.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
10. Application of Jozon Enterprises, Inc. dba Domino’s Pizza, 1397 West Main Road, for a Victualling House license for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
11. Resolution of the Council, re: Middletown Stonewall Recognition Day Proclamation.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Francine Newth, Middletown, addressed the Council thanking them for their support. Ms. Newth explained that currently the stone wall program has 72 registered historical stone walls, the historical society continues to research stone walls in the town and applications to join the program are available.
Council President Rodrigues read the resolution above into the record.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
12. Communication of Councillor Turano, re: Request overview of the 2023 Beach Season.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
13. Memorandum of Finance Director, thru Town Administrator, re: Beach Operations Financial Report – Twelve Months Ended September 30, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
Town Administrator Shawn Brown noted the negative impact to the Town Beach revenues, due to weather conditions.
Finance Director Marc Tanguay reviewed the following slide:
Operations and Facility Manager Will Cronin was present to answer Council inquiries.
Discussion centered around the cost of repaving the beach parking lot, there is a shortage of lifeguards, the need to retain beach staff, the use of kayak racks and the Town Council not wanting to change the aesthetics of the beach by adding more kayak racks along the dunes at Third Beach.
14. Communication of Police Chief, re: Request to Amend Section 115.39 Solicitation Restrictions.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Chief Pesare addressed the Council reviewing the communication above.
Town Solicitor Peter B. Regan noted that he will do some research and return to the Town Council with an amended draft ordinance.
15. Communication of Captain Ryan, re: Amending Ordinance to include Electric Bicycles.
Captain Ryan addressed the Council reviewing the communication above.
Discussion centered around the state is reviewing changes to the e-bike definition, Councillor Tesser recommends adding the three classes of bikes to the ordinance (the current ordinance has not been amended since 1956), bicycles need to follow the rules of the road, e-bikes and the age requirement for e-bikes, juveniles would be referred to the Juvenile Hearing board for e-bike violations and the Town Solicitor will work with Captain Ryan on an amended draft ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:33 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 8:42 pm.
16. Memorandum of Town Planner, thru Town Administrator, re: RIDOT Project Agreement Revisions – Purgatory Rd. Sidewalk.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
17. Resolution of the Council, re: Purgatory Road Sidewalk.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues reviewed the memorandum in item #16. Mr. Rodrigues noted he has been in communication with a resident regarding the project and the issue may be on the December 4, 2023 agenda.
Town Administrator Shawn Brown noted this is an extension of the end date of the agreement.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
18. Memorandum of Finance Director, thru Town Administrator, re: RFP – CDBG Administrative Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
19. Resolution of the Council, re: CDBG Administrative Services awarded to Church Community Housing Corporation and authorizing the Finance Director to execute the contract 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 #18.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
20. Memorandum of Finance Director, thru Town Administrator, re: Contract award: Electricity Procurement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
21. Resolution of the Council, re: Contract Award: Electricity Procurement.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum in item #20.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
22. Memorandum of Finance Director, thru Town Administrator, re: DPW Department Surplus Vehicles.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
23. Resolution of the Council, re: DPW Department Surplus Vehicles.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
24. Memorandum of Finance Director, thru Town Administrator, re: FY2023 Budget Adjustments as of June 30, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
25. Resolution of the Council, re: FY2023 Budget Adjustments – School Department – January 21, 2023.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #24.
Discussion centered around the Town audit is being finalized, assisting the schools with budget preparation, and there is a surplus in the budget from the Town and the School Department.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
26. Resolution of the Council, re: FY2023 Budget Adjustments – General Fund in FY2023 Approved Budget and General Fund and School Department – June 30, 2023.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Vice President Welch inquired about the repairs to the Fire Department vehicles.
Town Administrator Shawn Brown noted that there was a major repair to one of the pumpers, due to an accident.
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: Financial Report – Three Months Ended September 30, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the following slide, entered here:
28. Communication of Tax Assessor and Finance Director dated October 20, 2023, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
29. 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.
30. Communication of Tax Assessor dated October 20, 2023, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
31. 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.
32. Communication of Town Clerk and Accounts Payable Clerk, re: Request Town Council to match employee donations for adopting a family.
On motion of Vice President Welch, duly seconded, to receive said communication and authorize $600.00 to be allocated from the Town Council President’s Discretionary Fund.
Town Clerk Wendy J.W. Marshall noted the Town Hall requests this yearly to assist with adoption of a Middletown Family for the holidays.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize $600.00 to be allocated from the Town Council President’s Discretionary Fund.
33. Amended - Town of Middletown Boards, Commissions and Committee Handbook. (Council action to approve Amended Handbook.)
On motion of Vice President Welch, duly seconded, to approve and adopt said amendments to the Town of Middletown Boards, Commissions and Committee Handbook.
Town Solicitor Peter B. Regan noted that the update is procedural, explaining one of the amendments adds the Civility Policy.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve and adopt said amendments to the Town of Middletown Boards, Commissions and Committee Handbook.
34. Memorandum of Town Administrator, re: Middletown Outreach Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Councillor VonVillas suggested a standing sub-committee of the Council to address issues when needed.
Council President Rodriges noted the need to have resident input on committees.
Councillor Turano noted the Outreach Committee was good for the Civic Appropriation process.
Town Administrator Shawn Brown will present the Council with a proposed charge for the committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Town Administrator’s recommendation creating a five-person Middletown Outreach Committee with five voting members and one Town Council liaison (non-voting).
35. Memorandum of Town Administrator, re: Affordable Housing Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around the history of the Affordable Housing Committee (formerly the Senior Housing Committee), the committee has not met for a while and the Town Council has been addressing Affordable Housing initiatives.
On motion of Vice President Welch, duly seconded, to approve the Town Administrator’s recommendation to re-organize the Affordable Housing Committee with five voting members from the community and one Town Council liaison (non-voting).
Karen Biastre, Middletown, addressed the Council noting she is a member of the Affordable Housing Committee, which has only met once this year. Ms. Biastre wishes to remain on the Committee and suggests a regular meeting schedule.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Town Administrator’s recommendation to re-organize the Affordable Housing Committee with five voting members from the community and one Town Council liaison (non-voting).
36. Memorandum of Town Clerk, on behalf of the Board of Canvassers, re: Request for appointment of two (2) alternate members to the Board of Canvassers, pursuant to RIGL § 17-8-1.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Clerk Wendy J.W. Marshall addressed the Council noting that other cities and towns have alternates. Ms. Marshall explained that alternates will assist the Canvassing Board with the Elections and insure a quorum for meetings.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Canvassing Authority request to appoint two (2) alternate members to the Board of Canvassers, pursuant to RIGL § 17-8-1 and request the Town Clerk to send letters to the Democrat Party and Republican Party to submit names for the positions and advertise for the positions.
37. Memorandum of Carmella M. Murphy, re: Resignation from the Middletown Board of Canvassers.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
38. Appointment of one (1) member to the Citizens Memorial Committee for an indefinite term.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Greg Huet to the Citizens Memorial Committee for an indefinite term.
39. At the request of Jim Williams, re: Resignation from the Comprehensive Community Plan Update Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:46 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri