Jan. 16, 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.

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 Barbara A. VonVillas, Members Present

Councillor Dennis B. Turano, Absent

POSTED JANUARY 10, 2024

REGULAR MEETING JANUARY 16, 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, January 16, 2024 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: 897 2044 2993 or on the web at https://us02web.zoom.us/j/89720442993

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 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 (10

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), (2) Litigation (Docket No. SB-2022-02), (2) Litigation (2CA-2023-01121), (5) Land Acquisition and (2) Collective Bargaining - 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 5:31 p.m.

Town Solicitor Peter B. Regan recused himself from acting on the Land Acquisition item, due to a possible conflict of interest and left the session at 5:53 p.m.

Town Solicitor Peter B. Regan returned to the session at 6:01 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:40 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive litigation Docket #2CA-2023-01121 and refer to the Rhode Island Interlocal Trust.

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.

The Town Council recognized Town Clerk Wendy J.W. Marshall for obtaining her Master Municipal Clerk certification.

Council President Rodrigues read and presented a citation and flowers to Clerk Marshall.

2.    Pursuant to - “§ 16-2-21 Pre-budget consultation – Annual reports – Appropriation requests – Budgets. – (a) At least sixty (60) days but not more than ninety (90) days prior to the formal submission of the school budget to the appropriate city or town officials by the school committee, there shall be a joint pre-budget meeting between the school committee and the city or town council(s). At or before this meeting:”

(1) “The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates; “

(2) “The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, and any necessary or mandated changes in school programs or operations”.

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Pre-Budget Consultation Pursuant to – “§16-2-21.** **

3.    Communication of Paul M. Rodrigues, Middletown Town Council President, re:  Information in accordance with RIGL 16-2-21.

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

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

5.    Presentation by Town Administrator Shawn Brown – Pre-budget Consultation FY2024 Town/School Revenue Conference.

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

Town Administrator Shawn Brown thanked the Finance Office for preparing the Revenue Manual.

Town Administrator Shawn Brown and Finance Director Marc Tanguay reviewed the FY2024 Town/School Revenue Conference PowerPoint, which is on file at the Office of the Town Clerk.

Present representing the School Department were School Superintendent Rosemarie Kraeger, Interim Business Manager Lori Miller, School Committee Chair Theresa Spengler, Vice Chair Tami Holden, members Greg Huet and Wendy Heany and Facilities Director Poe George.

6.    Memorandum of Theresa Spengler, School Committee Chair, re:  Pre-Budget Consultation FY2024-25.

7.    Memorandum of Rosemarie K. Kraeger, Superintendent of Schools, re:  School Committee Joint Workshop Request.

Superintendent Rosemarie Kraeger addressed the Council reviewing the memorandum from item #6.

Discussion centered around the English Language Learners (ELL) student population, the need for more ELL Teachers, the school department is not meeting State/RIDE’s ELL teacher requirement, demonstrating to the State/RIDE that the Town is working on being in compliance with the ELL teacher requirement and student absenteeism.

Discussion centered around scheduling a special meeting regarding the memorandum in item #7.  The Council Clerk will send out dates to the School Department to schedule the Special Meeting.

6:30 P.M. – REGULAR MEETING

PRESENTATION

8.    Email communication from Sara Poirier, Karen Day and Karen Barbera, re:  Albro Woods Management Plan Proposal.

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

Karen Barbera and Sara Poirer presented a PowerPoint presentation – Beech Leaf Disease – A community-based management strategy for Albro Woods, which is on file in the Office of the Town Clerk.

Discussion centered around there is no cure for the beech leaf disease, treatment for the disease is tree by tree basis, there will be 25 to 30 trees planted and if the project cannot be offset by a grant, then the funding for the project would come from the General Fund.

9.    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 the School Building Project update.

Town Administrator Shawn Brown reviewed the following, entered here:

On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.

ACTING AS A BOARD OF LICENSE COMMISSION

10.  Applications Eight (8) received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F- Alcoholic Beverage License (Beer and Wine) and Class F-1 Alcoholic Beverage Licenses (Full Liquor) - (19-hour license) for the same premises for the following events and dates listed below:

§  Sightlines 75th Anniversary Lecture Series – Thursday, January 25, 2024 - 5:00 pm to 7:00 pm. (Class F- Beer and Wine)

§  Cupid and Constellations – Wednesday, February 14, 2024 - 5:30 pm to 8:00 pm. (Class F-1- Full Liquor)

§  Sightlines 75th Anniversary Lecture Series – Thursday, February 22, 2024 - 5:00 pm to 7:00 pm. (Class F- Beer and Wine)

§  Sightlines 75th Anniversary Lecture Series – Thursday, April 18, 2024 - 5:00 pm to 7:00 pm. (Class F- Beer and Wine)

§  Sightlines 75th Anniversary Lecture Series – Thursday, March 21, 2024 - 5:00 pm to 7:00 pm. (Class F- Beer and Wine)

§  Sightlines 75th Anniversary Lecture Series – Thursday, May 30, 2024 - 5:00 pm to 7:00 pm. (Class F- Beer and Wine)

§  Sightlines 75th Anniversary Lecture Series – Thursday, September 19, 2024 - 5:00 pm to 7:00 pm. (Class F- Beer and Wine)

§  Sightlines 75th Anniversary Lecture Series – Thursday, October 17, 2024 - 5:00 pm to 7:00 pm. (Class F- Beer and Wine)

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

On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.

PUBLIC FORUM

11.  Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must submit a public participation form to the Council Clerk prior to the start of the meeting. All items discussed during this session will not be voted upon.

No one spoke during this session.

Council President Rodrigues recused from acting on the Consent Calendar, due to a possible conflict of interest.

CONSENT

12.  Approval of Minutes, re:  Regular Meeting, January 2, 2024.

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

13.  (Continued from the January 2, 2024, Regular Meeting)

The Town Administrator will provide an update on Town Projects. (The Administration requests this item  be continued to the February 5, 2024, Regular Meeting)

On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the February 5, 2024, Regular Meeting.

14.  License of Burial, re:  Richard Rodrigues, Section 48E - Graves 65 and 66.

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

15.  (Public Hearing Advertised)

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, Section 305 Development Plan Review (DPR), Section 306 Uses Subject to and Exempt from Development Plan Review, Section 307 Development Plan Review for Uses Permitted by Right, Section 308 Development Plan Review for Uses Requiring A Variance or Special Use Permit and Section 323 Unified Development Review. (Planning Board recommendation on file)

Public Hearing Remains Open.

Town Solicitor Peter B. Regan noted at the last meeting there was a detailed review/presentation regarding the zoning amendments, which will bring the Town into compliance with RI State law.

There being no other persons present and no person on zoom desiring to be heard, 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.

16.  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)

Discussion centered around that the Council has questions for the applicant and would like to have someone present at the next Regular Council meeting to answer inquiries.

On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the February 5, 2024, Regular Meeting.

17.  Application for Special Event Permit from Gray Matter Marketing for the Aquidneck 10K road race starting and ending at Second Beach, going around surrounding area to be held on Saturday, March 23, 2024, (Second Beach Parking Lot) Race start 9:00 am, set up 6:30 am, breakdown complete by 12 pm.

18.  Application for Special Event Permit from M. Benjamin Mercer for Audrain Cars & Coffee, Community. Gathering for Local Car Enthusiasts, being held at Second Beach Parking Lot from 8:00 am to 10 am on April 14th, April 21st, May 19th, October 20th, November 3rd and November 10, 2024.

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 M. Benjamin Mercer on behalf of Audrain Automobile Museum for Bonhams & Butterfields Golden Age of Motoring Sale to be held 250 West Main Road on Saturday, April 27, 2024 from 10:00 am to 5:00 pm.

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

20.  Communication of John Ceglarski President, Middletown Athletic Boosters, re: Request for support.

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

John Ceglarski and Jay Bogoisan were present to answer Council inquiries.

Discussion centered around the need for an enclosure for the AED machine at Gaudet School, if any other sports fields need an AED machine,  a list of fields will be supplied to the Town Council at a later date by the Athletic Boosters, the Fire Department will maintain the AED machine and the funding will be sent to the School Department to pay for the AED enclosure and installation.

On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize $1,800.00 for the AED enclosure at the Gaudet Field, funding to be appropriated from the Council President’s Discretionary Fund.

21.  Memorandum of Finance Director, thru Town Administrator, re:  Police Department Surplus Vehicles.

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

22.  Resolution of the Council, re:  Police Department Surplus Vehicles.

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

Council President Rodrigues inquired if the surplus vehicle will be on Muni-Bid.

Finance Director Marc Tanguay noted that the surplus vehicles will be on the Town’s Muni-Bid, which is an on-line auction.

A vote was taken.

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

23.  Email communication of John Ciummo, re:  Resignation from the Middletown Planning Board.

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

24.  Communication of Mary Dennis, President, Middletown Historical Society, re:  Appointment of two members of the Middletown Historical Society to the Middletown RI 250th Commission Committee.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and approve the appointments of Mary Dennis and Christina Alvernas, representing the Middletown Historical Society on the Middletown RI 250th Commission.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:47 p.m.

Wendy J.W. Marshall, MMC

Council Clerk

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