Feb. 20, 2024 - Regular Meeting

THIS MEETING CAN BE HEARD IN ITS ENTIRETY ON THE TOWN OF MIDDLETOWN WEBSITE WWW.MIDDLETOWNRI.COM OR THE DVD IS AVAILABLE AT THE MIDDLETOWN LIBRARY.

At a Regular Meeting of the Town Council of the Town of Middletown, RI at the Middletown

Town Hall, 350 East Main Road, Middletown, RI in person, on Tuesday, February 20, 2024 at

5:30 P.M.

Council President Paul M. Rodrigues, Presiding

Vice President Thomas P. Welch, III Councillor Peter D. Connerton, Sr. Councillor Christopher M. Logan Councillor Emily M. Tessier Councillor Dennis B. Turano

Councillor Barbara A. VonVillas, Members Present

POSTED FEBRUARY14, 2024

REGULAR MEETING FEBRUARY 20, 2024

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 Tuesday, February 20,

2024 at 5:30 P.M. Executive Session, Presentations and Town Update Immediately following 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: https://us02web.zoom.us/j/83795607426

or on the web at 837 9560 7426

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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 10____th____ ____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),  (1) Personnel (Police Chief) and (2) Collective Bargaining (FOP)  - review, discussion and/or potential action and/or vote in executive session and/or open session.

Council President Rodrigues announced that Police Chief Anthony Pesare was 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 5:32 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:24 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Town Administrator’s recommendation regarding the Police Chief.

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.  Memorandum of Police Chief, re:  School Speed Zone Camera Workshop.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.

Chief Anthony Pesare addressed the Council noting the School Speed Camera project initiative is the first phase of traffic cameras and introduced Lt. Dave Bissonette who headed the project.

Lt. Dave Bissonette reviewed the School Speed Camera project and introduced Jason Friedberg, representing Blue Line Solutions. Mr. Friedberg presented a PowerPoint presentation, which is on file in the Office of the Town Clerk.

Discussion centered around the length of the contract with Blue Line Solutions, a violation that is paid will be expunged within 60 days, the camera runs 180 days a year from 7:00 am to 6:00 pm weekdays, the citation is a civil violation, not a traffic violation, the violation does not go on ones driving record, the cameras will be located by Forest Avenue School, Aquidneck School, Gaudet School (Turner Road and Aquidneck Avenue), Middletown High School and by St. George’s School, and the signage for the school zone cameras.

Antone Viveiros, Middletown, addressed the Council noting he was glad to see cameras installed in school zones and requests that at the same time cameras be installed at intersections.

Councillor Turano noted support for the request of  Mr. Viveiros.

Discussion centered around that the intersection cameras will be located on state roads and the Town would need permission from the State for installation, the project will be completed in phases, Phase I is the school zones, Phase II will be the intersections and the contract with

Blue Line Solutions will come back to the Council for approval.

3.  Memorandum of Middletown Prevention Coalition Director, re: CADCA Leadership Forum

Presentation.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.

Lori Verderosa, MPC Director, addressed the Council reviewing the memorandum above.

Louai Alsharabi and Samaa Alsharabi , MHS students, who participated in the CADCA Leadership Forum, reviewed the following:

4.  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 School Building Project update.

Town Administrator Shawn Brown reviewed the following: Enter here

Town Administrator Shawn Brown noted there is misinformation regarding the school building project. Mr. Brown explained that the project has not changed; if the Town wishes to receive reimbursements from RIDE, the CIP projects must be included in the Stage II Application. Town Administrator Shawn Brown noted that the Hoogendoorn property was included in the Stage II Application for educational purposes, which would allow for RIDE reimbursements to the Town. Mr. Brown explained the Hoogendoorn property will be paid for from Open Space and Recreation bonds.

Terri Flynn, Middletown, presented a handout to the Town Council, entered here:

“Rhode Island Department of Education Stage II Submission

Middletown Public Schools

February 15, 2024”

Page 4 of 29-pages total

Ap____p____r____oved for RIDE submission Feb 5, 2024 (Elected Officials):

“We are seeking $190M representing $190M in bond  and $0 in Capital Reserves.”

Online webpage:

https://clerkshq.com/Content/Attachments/Middletown-ri/240205_01.pdf?clientSite=Middletown-ri

Available ~Jan 31, 2024

“Rhode Island Department of Education Stage II Submission

Middletown Public Schools

February 15, 2024”

Page 4 of 2288-pages total

Submitted to RIDE Feb 15, 2024

“We are seeking a Housing Aid Eligibility on a total program of 210,517,872. This includes

$190M in Bond funding and an additional $20,517,872 funding through our capital reserves.”

Online webpage:

https://townofmiddletownri.nextrequest.com/documents/29875625

Available ~Feb 13, 2024 (Elected Officials, Building Committee) Available Feb 15, 2024 (Public)

Signed Feb 15, 2024 (Elected Officials)

Ms. Flynn read the following into the record.

Terri Flynn

34 Warren Ave

Ms. Flynn gave the Clerk a handout to distribute to the council to use as reference.

Ms. Flynn thanked the council for the School Building Project Update just provided, and shared the following comments in response: the facts keep changing; the philosophy of spending money to get savings is not affordable when other bills must be paid; $190M is a huge debt for the Middletown taxpayer; despite savings opportunities it doesn’t make sense to spend an additional $20M on this one town need when there are other town needs: housing infrastructure, transportation, beach restoration, water; additional project expenditures to realize savings opportunities was not shared with the taxpayers when requesting this project and the debt.

Ms. Flynn thanked the President and Council Members and explained the handout, stating: “The council has in front of them a three page packet.  It is a cover sheet and two sheets of excerpts from the Stage II packet presentations of the last 2 weeks.  The cover sheet has a section in green and a section in red. The green sources the first excerpt, which is the first page behind the cover sheet. The red sources the second excerpt, which is the second page behind the cover sheet. Each Source on the cover sheet has a quote from its excerpt. The first quote, in green, shows that on February 5th, Council approved the submission of the Rhode Island Department of Education Stage II Application, which described a project of ‘$190 million dollars in bond and zero dollars in Capital Reserves.’ Below that, the quote in red exemplifies tonight’s question to the council, which is: Why does the actual Stage II Application submitted to RIDE

on Feb 15th, describe a project that is

‘$190 million dollars in Bond funding with  over $20 million dollars in funding through the

Capital Reserves?’

We got an answer, but that’s not what you approved on Feb 5th.

Thank you in advance for your response and I will send the Clerk these comments for the public record.

Discussion centered around that the potential work in the CIP can always be deferred and the

CIP plan is required for the Stage II Application.

Karen Biastre, Middletown, addressed the Council requesting the following:

This is about the agenda placement of the school building updates. Could the updates be put in the regular meeting section?

When it is before the regular meeting, it’s hard to know when to arrive and increases the possibility of

missing it.

This is such a big project for Middletown. The people want to hear about the project [ and be heard on it ]. It would be best for the updates to be at the beginning of the regular meeting, so it’s convenient and at a time that’s more specific. This way, residents know if they arrive at 6:30pm, they won’t miss the updates.

Thank you, I will send these comments to the clerk for public record.

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.

6.  Approval of Minutes, re: Regular Meeting, February 5, 2024.

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.

7.  Notice of 30-Day Public Notice and Public Hearing RIDEM File Number: DP-23-198; WQC 23-044- application of SouthCoast Wind Energy LLC for a State of Rhode Island Dredge Permit for hearing on Thursday, March 7, 2024 at 4:00 p.m. at RI Dept. of Environmental Management, 235 Promenade Street, Providence, RI 02908.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said notice.

8.   Application of Laurin Enterprises dba Gold’s Auto Wrecking Co., 113 Fenner Avenue for

RENEWAL of a Junk Dealer’s License for the 2024-2025 licensing year.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.

9.  (Public Hearing Advertised; Abutters notified) Public Hearing Remains Open.

An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Revision to the Comprehensive Community Plan.

The Future Land Use Map, Map L-4 of the Middletown Comprehensive Community Plan to change the designation of the property fronting Coddington Highway, Plat 103, Lot 103 from high density residential and limited office business to industrial.

(Planning Board recommendation on file)

Public hearing remains open.

Girard Galvin, Esquire, Newport, RI, representing the applicant, addressed the Council noting there have not been any changes to the ordinance since the first public hearing. Mr. Galvin explained the applicant’s goal is to build a Tradesman Center on the lot, if the ordinance passes.

Michael Lopes, Middletown, addressed the Council in support of the project, noting it would be a great improvement for the area.

There being no persons present or on zoom desiring to be heard, the public hearing was declared closed.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.

10. (Public Hearing Advertised; Abutters notified) Public Hearing Remains Open.

An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Amendment to the Town Code of the Town of Middletown, Title IV: Land Usage, Chapter 152 Zoning Code, Zoning Map identified as Lot 103 on Middletown Tax Assessor’s Plate 103, which is presently designated as LB (“Limited Business”) and MT (“Mobile Home/Transient Trailer”) shall be changed to LI (“Light Industry”). The Town’s use table shall govern uses, except that a catering and food packaging use on said Lot shall require a special use permit. (Planning Board recommendation on file)

Public hearing remains open.

There being no person present or on zoom desiring to be heard, the public hearing was declared closed.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.

11. An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 32 Departments, Boards and Commissions, new Section 32.95 School Building Committee.

On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.

Town Solicitor Peter B. Regan reviewed the ordinance with the amendments that the

Council discussed at the first reading of the ordinance.

On motion of Vice President Welch, duly seconded, it was voted unanimously to amend under Section 32.95 (B) Creation, Membership eleven (11) members and two (2) alternates to thirteen (13); in the fourth line add an “s” to Designee; line number seven after the word President, add (collectively, the “non-public members”); and four (4), then delete two (2) and after the word Committee add (the “public members”); and delete and (2) two alternate members of the public; line eleven after the word experience, add Alternates may be appointed from time to time for the non-public members; line twelve after the words Alternate members, change the word shall to may; and on line fifteen after the word years, add which terms shall commence upon passage of this ordinance.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.

12. (Continued from the January 16, 2024 and February 5, 2024, Regular Meetings) Application from HPK, Inc. dba Tickets Bar & Grill, 15 Aquidneck Avenue, for an Amusement

License for the 2023-2024 licensing year. (NEW; Acoustic, Duo/Trio and small band)

On motion of Vice President Welch, duly seconded, to grant said license, for Acoustic, Duo/Trio and small band; all doors and windows closed.

Terri Flynn, Middletown, addressed the Council suggesting that they be aware of the overlay district in the area and concern with amplified music being close to a residential area.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license, for Acoustic, Duo/Trio and small band; all doors and windows closed.

13. Application from HPK, Inc. dba Tickets Bar & Grill, 15 Aquidneck Avenue, for an Amusement License for the 2023-2024 licensing year. (NEW; Acoustic – Outside)

On motion of Vice President Welch, duly seconded, to grant said license, for Acoustic Music, outdoor.

The application shows that the music will end by 7:00 pm.

Candace Marshall, Newport, representing the applicant, was present to answer Council inquiries.

Discussion centered around business’ in the Town which have outdoor music, the applicant will only have acoustic music one day a week no later than 7 pm, there will only be a single musician outside and there will be no amplification.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license, for Acoustic Music, outdoor.

14. 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 18, 2024  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.

15. Application for Special Event Permit from the Newport County YMCA for Aquatics Camp to be held at Second and Third Beach, beginning Monday, June 24th, 2024 through Friday, August 30, 2024 (weekdays) from 9:00 am to 2:00 pm.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit.

16.  Application for Special Event Permit from the Newport County YMCA for Race 4 Chase

Triathlon Training for kids to be held at Second and Third Beach, beginning Monday, July 1,

2024 to Friday, August 9, 2024, Monday through Friday from 9:00 am to 12:00 pm.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit.

17. Resolution of the Council, re: Increasing the Allowance For Reimbursement For New Library Construction.

On motion of Vice President Welch, duly seconded, to pass said resolution.

Town Administrator Shawn Brown noted that 2018 was the last time the library construction reimbursement from the State was increased. Mr. Brown explained that the resolution is a request to increase reimbursement to reflect current building costs.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

18. Resolution of the Council, re:  Supporting legislation (2024-H 7335)  introduced to fully funding  libraries to the full Twenty-five (25) percent.

On motion of Vice President Welch, duly seconded, to pass said resolution.

Library Director Kimberly Usselman addressed the Council requesting them to support the resolution for funding libraries to the full Twenty-five (25) percent.  Ms. Usselman explained current state funding is less than 25%, resulting in a loss of $6,000.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

19. (Continued from the December 18, 2023, Regular Meeting)

Memorandum of Finance Director, thru Town Administrator, re:  Architectural Services for Town Hall.

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 need for additional space for the Finance Office, additional space for the Vault and the Town Administrator’s Office and the timeline for the project is unknown.

Antone Viveiros, Middletown, addressed the Council suggesting the project be put on hold;

just add a desk and hire an accountant to help with the extra work.

20. (Continued from the December 18, 2023, Regular Meeting)

Resolution of the Council, re:  Architectural Services for Town Hall – Award of contract to DBVW Architects.

On motion of Vice President Welch, duly seconded, to pass said resolution.

Councillor Turano inquired about the project budget.

Discussion centered around the need to figure out the scope of work for the project, five additional desks need to be added to the Finance Office, there is not adequate space for merging the Town Finance Office with the School Finance Office and Councillor Turano suggested to slow down and look for alternative options.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

21. Memorandum of Town Administrator, re:  Purchase for DPW Paving Program.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

22. Resolution of the Council, re:  Purchase of Cim Line M150 Crack Sealing Machine – DPW Paving Program.

On motion of Vice President Welch, duly seconded, to pass said resolution. Town Administrator Shawn Brown reviewed the memorandum in item #21.

Discussion centered around the cost savings if the equipment is purchased, the equipment will be effective in prolonging the life of Town roads and the Public Works employees will operate the equipment.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

23. Memorandum of Town Administrator, re:  Litter Campaign.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

Town Administrator Shawn Brown reviewed the following: Enter the table

Councillor Turano noted that there is not a set date for the Governor to visit Middletown and Middletown’s litter program does more than most communities. Mr. Turano also noted that the litter program should be a priority.

Vice President Welch noted concern with the time/resources expended to this effort and does not remember the Town Council directing the administration to take the litter program on. Mr. Welch explained that Town departments do not have the resources or time to take on additional responsibilities.  Vice President Welch noted that Earth Week is an annual event, support by many committees and Town Departments. Mr. Welch explained he is not in favor of the litter vac or trash cans at bus stops, but fully supports Councillor Turano lead litter cleanups and recruit residents to assist.

24. Communication of Tax Assessor dated February 9, 2024, re: Cancellation of taxes for certain Middletown residents.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.

25. 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.

26. Memorandum of Director, Middletown Prevention Coalition, re: MPC Committee Infrastructure.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

MPC Director Lori Verderosa addressed the Council reviewing the memorandum above.

On motion of Vice President Welch, duly seconded, it was voted unanimously to add two additional sector seats to the composition of the Middletown Prevention Coalition; one Alternate Youth Sector seat and one Former Chair sector seat.

27. Email communication of Tami Holden, re:  Resignation for the Community Outreach 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 9:09 p.m.

Wendy J.W. Marshall, MMC Council Clerk

supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown- ri