Sep. 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.

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 Monday, September 16, 2024 at 5:00 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, Arrives at 5:15 pm

Councillor Dennis B. Turano

Councillor Barbara A. VonVillas, Members Present

POSTED SEPTEMBER 10, 2024

REGULAR MEETING SEPTEMBER 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 Monday, September 16, 2024, 5:00 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: 892 8411 6629  or on the web at https://us02web.zoom.us/j/89284116629

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.

RECONSIDERATION

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) Litigation (PUC Docket No. 22-42-NG – Old Mill Lane), (5) Land Acquisition, (2) Collective Bargaining (FOP),  and (1) Personnel (Town Administrator) - review, discussion and/or potential action and/or vote in executive session and/or open.

Vice President Welch noted that Town Administrator Shawn Brown 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 5:01 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.

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

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the FOP sign on bonus program to March 2025.

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.    Citation of the Council, re: Middletown Battalion Chief Brian DeFreitas for being designated and awarded as the 2024 EMS Coordinator of the Year.

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

Fire Chief James Peplau read the following into the record:

Mr President – and members of the Council, I greatly appreciate that you are using this forum to further recognize Battalion Chief Brian DeFreitas for his achievements.

One of the great pleasures of being fire chief, is being a conduit for the thank you’s and praise many in the community share very sincerely after a Rescue call. The Town is quite fortunate to have, in its fire department, such a skilled and compassionate team meeting the needs of those that call for assistance. In the highly charged setting of a medical emergency, much of how a person performs is a reflection of who they are, most of the rest is their training, preparation, organizational culture, and equipment.

In the area of EMS, Battalion Chief Brian DeFreitas leads department efforts to ensure firefighters master and maintain skills, and are properly supplied, equipped, and supervised. He also advocates for initiatives to improve emergency medical preparation and response within the department and the greater community. Because of his performance and accomplishments in these areas, I was proud to recommend Chief DeFreitas for the statewide honor of EMS Coordinator of the Year.

The nomination reads:

I have not met anyone more enthusiastic about pre-hospital care than Battalion Chief Brian DeFreitas, the EMS Chief at the Middletown Fire Department. Brian’s great passion for EMS drives his pursuit of excellence throughout the Chain of Survival and beyond.

Brian’s deep knowledge of paramedicine is apparent in the fluidity and skill of his patient care. His enthusiasm, amiable nature, and oratory prowess combine when he delivers CPR, ACLS and other instruction to local firefighters. He is equally adept at teaching CPR to Town workers and residents of all ages bringing professional insight and information to the level at which his audience can best process it.

To facilitate the department’s move to paramedic level care, Brian arranged for the department to host a Cardiac to Paramedic bridge class. He led the design of new ambulances that will better accommodate paramedic level practice. He also reinvigorated EMS Continuing Education on Aquidneck Island by coordinating presentations from Brown Emergency Medicine physicians that address pressing topics, reinforce critical knowledge, and provide guidance to improve care.

Brian extends himself far beyond his shift hours and job requirements to mentor EMS providers from EMT students to paramedics, to ensure necessary medications are stocked during this time of shortages, and to update crews on medical and other operational information. Brian ensures our ambulances regularly pass RIDOH inspections and that the department maintains solid relationships with the many receiving hospitals.

Brian has championed EMS initiatives from incorporating Tactical Emergency Care concepts to raising public awareness and access to Narcan as the department liaison to the Prevention Coalition. Brian has led efforts to replace old, disparate Automatic External Defibrillators in local schools with a single, user-friendly model, and has also improved public access to AEDs.

Brian DeFreitas is the consummate EMS Coordinator - highly skilled, passionately imparting his knowledge, and striving to ensure the consistent provision of excellent care by improving every facet of delivery. As Fire Chief, it is my pleasure to work with Brian and to nominate him for this honor.

I was delighted when the panel selected BC DeFreitas for this well-earned honor.

Congratulations!

Council President Rodrigues and Vice President Welch presented Battalion Chief Brian DeFreitas with a Citation Award and gifts.

Battalion Chief Brian DeFreitas thanked all for the recognition.

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 School Building Project update.

Town Administrator Shawn Brown reviewed the following:

Design Update

The design team has updated the MS/HS drawings to reflect the value engineering revisions and suggestions from RIDE.  Changes include changing one shop are to a single story and restacking HS classrooms; moving the MS elevator to an alternate; converting the tiered auditorium to a multipurpose auditorium; moving MS locker rooms to the 3rd floor to reduce building footprint; reduction of back-of-house space; and removing stairs to roof and replacing with ladders

Budget and Schedule

·         The project remains on time and on budget.  An updated budget summary to be presented at the September 25th SBC meeting.

·         Hazardous materials testing is complete for all schools tested and the reports have been provided to the town.

RIDE

Colliers and the design team met with RIDE SBA on August 29th to review the Stage III Design Development (DD) submission (meeting minutes attached.  The RIDE Stage III DD package, including the 100% DD Drawings is scheduled for submission to RIDE by September 27th.

Planning Board

The design team has submitted the master plan application package to the planning board on September 11th for the October 9th planning board meeting.

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 read the following into the record:

Councillor Turano noted that illegal immigrants are having an impact in Rhode Island, which is concerning and that he supports the police.

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

5.    Application of Newport Pickleball, LLC dba Newport Pickle, 105 Chases Lane, for a Class BV Liquor License, for the same premise for the 2024-2025 licensing year. (NEW) (Requires advertising for a future public hearing and notification to abutters)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, advertise for public hearing to be held on October 7, 2024 and notify abutters.

6.    Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2024-2025 licensing year. (Council Action – Advertise for public hearing to be held on October 7, 2024) (See attached list)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said applications and advertise for public hearing to be held on October 7, 2024.

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

7.    Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2024-2025 licensing year. (Requires Advertising for a public hearing to be held on October 7, 2024) (See attached list)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said applications and advertise for public hearing to be held on October 7, 2024.

8.    Application of Andrew’s of Eastgate, Ltd. dba Gold’s Wine and Spirits, 48 Valley Road for a Sunday Sales License for the 2024-2025 licensing year. (NEW)

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

9.    Application of Golden Bev, LLC dba West Main Liquors, 1374 West Main Road for a Sunday Sales License for the 2024-2025 licensing year. (NEW)

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

10.  Communication of Rev. Glen S. Leverette, Jr., Pastor, Community Baptist Church, re:  Request for support by placing an ad in the Souvenir Booklet for their 50th Anniversary Celebration.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication, authorize and approve a ½ page ad in the Souvenir Book in the amount of $75.00 to be appropriated from the Council President’s Discretionary Fund.

11.  Petition of Residents, Neighbors and Friends of Bliss Mine Road, re:  Requesting a speed table be incorporated on Bliss Mine Road.

On motion of Vice President Welch, duly seconded, to receive said petition and forward to the Middletown Police Department for review and recommendation.

Phil Tobin, Middletown, addressed the Council noting concern with the traffic on Bliss Mine Road.  Mr. Tobin created the petition, and his neighbors signed the petition requesting for speed tables to slow the traffic down in the area.  Phil Tobin explained the traffic is dangerous.

John Andrasik, Middletown, addressed the Council explaining there is a real problem with the traffic on Bliss Mine Road, there are children on the street and a bus stop.  Mr. Andrasik noted this is a safety issue and would appreciate it if the Council could address the issue.  John Andrasik also noted a  backhoe speeding on the street.

Dominic Costello, Middletown, addressed the Council noting people speeding on Bliss Mine Road and requested the Town Council to look into it.

Joan Kirwin, Middletown, addressed the Council explaining that while she works in her garden, she yells at people speeding to slow down.

Council President Rodrigues explained that the process followed is to refer this petition to the Police Department for review and recommendation regarding traffic calming measures.

Vice President Welch inquired on who owns the backhoe that speeds down the street.

Phil Tobin, Middletown, responded that he thinks it is the City of Newport’s equipment.

Councillor Tessier thanked all for speaking and invited them to attend the Bicycle & Pedestrian Advisory Committee meeting at the Middletown Fire Department on the last Tuesday of each month at 5:30 pm.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said petition and forward to the Middletown Police Department for review and recommendation.

12.  Memorandum of Finance Director, thru Town Administrator, re:  FY2024 Budget Adjustments as of June 30, 2024.

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

13.  Resolution of the Council, re:  FY2024 General Fund budget adjustments prepared as of June 30, 2024.

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

Finance Director Marc Tanguay reviewed the memorandum in item #12.

A vote was taken.

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

14.  Resolution of the Council, re:  FY2024 Parks and Recreation Fund budget adjustments prepared as of June 30, 2024.

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

15.  Resolution of the Council, re:  FY2024 Refuse and Recycling budget adjustments prepared as of June 30, 2024.

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

16.  Communication of Abigail Dunn, re:  resignation from the Middletown Outreach Sub-Committee.

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

17.  Memorandum of Gregory Huet, Chuck DiTucci and Barbara A. VonVillas, Citizens Memorial Committee, re:  Citizens Memorial Policy (revised).

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

Councillor VonVillas reviewed the memorandum above and the process followed to standardize the Citizens Memorial Policy.

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said revised Citizens Memorial Policy.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:15 p.m.

Wendy J.W. Marshall, MMC

Council Clerk

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