Jul. 15, 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 Dennis B. Turano

Councillor Barbara A. VonVillas, Members Present

Town Planner Ronald Wolanski, Acting Town Administrator.

POSTED JULY 10, 2024

REGULAR MEETING JULY 15, 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 Monday, July 15 2024, 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: 850 6105 8959 or on the web at https://us02web.zoom.us/j/85061058959

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) Potential Litigation, (2) Potential Litigation, (5) Land Acquisition, (5) Land Acquisition (5) Land Acquisition (West Main Road) - 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.

Council President Rodrigues recused himself from acting on Potential Litigation and left the session at 5:33 p.m.

Vice President Welch Presiding.

Council President Rodrigues returned to 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 6:30 p.m.

Council President Rodrigues recused himself from acting on Potential Litigation and left the dais at 6:30 p.m.

Vice President Welch Presiding.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive and forward the Gauch demand to the RI Interlocal Trust.

Council President Rodrigues returned to the dais at 6:31 p.m.

Council President Rodrigues Presiding.

On motion of Vice President Welch, duly seconded, it was voted unanimously to proceed with engaging a consultant to assist with responding to the City of Newport Application to the PUC to Change Rate Schedules.

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.

Council President Rodrigues noted that the Affordable Housing Presentation scheduled for tonight has been postponed.

2.    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.

Ed Brady, Chair of the School Building Committee, reviewed the following:

Design Update

The design team will meet with the fire marshal and building official to review a variance for interior window sprinklers in lieu of fire rated glass on July 24th at 3:00PM.  HMFH, along with Colliers, is preparing for the master plan submission to the Planning Board.  The plan is to submit the master plan application package in August for the September Planning Board meeting.  Design Development drawings are ongoing and scheduled for completion July 19th.

Budget and Schedule

·         The project remains on time and on budget.  An updated budget summary to be presented at the July 24th SBC meeting.

·         HMFH submitted a supplemental services change request for consulting services at the ES Complex.  Please see attached for a draft CPL justification letter along with the HMFH proposal.

·         Hazardous materials testing is complete at both Gaudet and JHS.  Forest Ave testing will be completed the week of 7/15.

Contracts

Gilbane and Bentley have fully executed CMaR contracts.

RIDE

Colliers and the design team met with RIDE SBA on June 27th to review the Stage III Schematic Design (SD) submission (meeting minutes attached).  The MS/HS Stage III SD submission has been approved.  The ES Complex Stage III SD submission was returned for minor revisions on July 10th and the consulting team met on July 11th to review and is working to address the requested revisions.  The Design Development (DD) estimating set estimates are scheduled to be reconciled the week of July 15th and the reconciled estimates will be presented at the July 24th SBC meeting.  The RIDE Stage III DD package, including the 100% DD Drawings,  is scheduled for submission following approval by the School Building Committee at the July 24th SBC meeting.

Grants

The School Project DCIP Grant and Renew America's Schools Grant have been submitted to the awarding authorities.  No updates have been provided by either awarding authority.

The project is on time and on budget.

Mr. Brady also noted that RIDE is positive about Middletown’s education program.

3.    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, read the following into the record.

Enter comments

4.    (Continued from the July 1, 2024, Regular Meeting)

Memorandum of Town Administrator, re:  Affordable Housing Update – Presentation by Pennrose.

On motion of Vice President Welch, duly seconded, to continue this matter to a future meeting.

Council President Rodrigues noted that the discussion/presentation has been continued because the Affordable Housing Committee has not reviewed new information for the Berkeley Peckham  and Oliphant School sites construction of Affordable Housing. Council President Rodrigues explained the application filed by Pennrose for the Berkeley Peckham and Oliphant School sites was denied and a new plan is being developed. Mr. Rodrigues noted the Affordable Housing Committee will meet on Thursday, July 25, 2024, 6:00 pm at the Middletown Fire Station to review.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this matter to a future meeting.

5.    Memorandum of Finance Director thru Town Administrator, re:  School Department-Surplus office desks and furniture.

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

6.    Resolution of the Council, re:  Approval of School Department-Surplus office desks and furniture.

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

7.    Application for Special Event Permit from FabNewport for First Tee Rhode Island Chapter, Summer Beginner Youth Development Golf Camp at Linden Park on Wednesdays July 17th, 24th, 31st, August 7th and 14th, 2024 from 5:30 p.m. to 7:00 p.m. ( Applicant respectfully requests all fees be waived)

On motion of Vice President Welch, duly seconded, to grant said Special Event Permit and waive all fees.

Council President Rodrigues noted that First Tee Rhode Island Chapter Summer Beginner Youth Development Golf Camp is a great program.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.

8.    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 36 “Fee Schedule ”, Sections  (A) Clerk’s Department, (18) Mobile Food, (22) Short Term Rentals, (25) Tobacco License Fee, (B) Building Official, adding (8) Short Term Rentals, and (F) Police Department, (4) Public Safety Private Detail Billing Rates: Police Department.

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

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

An Ordinance in Amendment to the Town Code Title III, Chapter 36, Entitled “Fee Schedule”, Section (F) Police Department, (1) Concealed Carry Permit, (5) Security Fingerprinting.

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

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

An Ordinance in Amendment to the Town Code Title VII, Traffic Code, is hereby amended by (1) amending Sections Section 70.01, Definitions and Section 70.99, Penalties of Chapter 70, General Provisions, and Amending Sections 73.01 through 73.14 of Chapter 73, Bicycles – Rules of Operation.

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

11.  Memorandum of Town Administrator, re: No Parking on Rosedale Terrace.

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

12.  An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title VII, Traffic Code, Chapter 74 Parking Code, Schedule I: Parking on Roadways is hereby amended by adding no parking on either side of Rosedale Avenue.

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

Council President Rodrigues noted that the no parking change was due to a resident request in the area, explaining the process followed was the Town Council forwarded the request for review and recommendation to the Police Department. Council President Rodrigues explained once reviewed by the Police Department, the ordinance was amended to reflect the recommendation.

A vote was taken.

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

13.  An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title IX, General Regulations, Chapter 90, entitled “Animals” by amending Section 90.01, Hunting Restricted, Permit Required and that Title XIII, General Offenses, Chapter 130, General Offenses is amended by deleting Section 130.67, Discharge of Firearms Prohibited While Hunting on Sunday.

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

Council President Rodrigues noted that the amendment to the ordinance is due to a request from residents that attended a prior meeting and are having issues with coyotes in their neighborhood.

Town Solicitor Peter B. Regan reviewed the amendments to the ordinance.

A vote was taken.

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

14.  Memorandum of Town Planner, thru Town Administrator, re:  2024 RIIB Resilient Rhody Municipal Resilience Program (MRP) Action Grant and RIDEM Climate Resilience Fund (CRF) Grant.

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

Acting Town Administrator Ronald Wolanski reviewed the memorandum above.

Finance Director Marc Tanguay noted that the funding may come from the CIP or fund balance depending on the amount the Town receives from the grant.

15.  Resolution of the Council, re:  Authorizing the Planning Department to prepare and submit grant application(s) - 2024 RIIB Resilient Rhody Municipal Resilience Program (MRP) Action Grant and RIDEM Climate Resilience Fund (CRF) Grant, for the Green End Avenue and Berkeley Avenue Culvert Replacement project.

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

16.  Appointment of two (2) members to the Personnel Review Board, one (1) vacancy, Democrat or Republican Representative, for a term expiring June 2027 and one (1) vacancy, Democrat or Republican Representative, for a term expiring June 2028.

On motion of Vice President Welch, duly seconded, it was voted unanimously appoint Kyle Cavallaro for a term expiring June 2027 and reappoint Manuel M. Marques for a term expiring June 2028 to the Personnel Review Board.

17.  Resolution of the Council, re:  Tax Exploration Committee - Composition and Charge.

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

Don Morin, Middletown addressed the Council inquiring about what the Town Council wants the Tax Exploration Committee to achieve.  Mr. Morin reviewed section two, item 4 in the resolution and noted that the problem should be defined up front.

Discussion centered around the guidelines of the committee are in the resolution, the process to complete the task is set by the committee, advertising from additional committee members and goals of the committee.

A vote was taken.

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

18.  Appointment of four (4) members to the Tax Exploration Committee, terms to be determined.

Discussion centered around readvertising for additional members, keeping the current board  applications on file, timeline for receiving applications and appointments, and concern with having a quorum in the makeup of the committee.

On motion of Vice President Welch, duly seconded, it was voted unanimously to request the Town Clerk to re-advertise for more volunteers and keep the current applications on file.

19.  Email communication of Pamela McLaughlin, 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.

20.  Email communication of Kaitlin Kirwin, re:  Resignation from the Affordable Housing 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 7:10 p.m.

Wendy J.W. Marshall, MMC

Council Clerk

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