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, November 4, 2024
6:01 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 Barbara A. VonVillas, Members Present
Councillor Dennis B. Turano, Absent
POSTED OCTOBER 30, 2024
REGULAR MEETING NOVEMBER 4, 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, November 4, 2024, 6:00 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: 875 4983 9790 or on the web at https://us02web.zoom.us/j/87549839790
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), (1) Personnel (Police Chief), (2) Potential Litigation - review, discussion and/or potential action and/or vote in executive session and/or open session.
Vice President Welch noted 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 6:02 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:12 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to allow the Town Solicitor to execute the agreement with the Governor’s Commission and Mr. Upham.
Chief Pesare has requested the Personnel item in executive session to be heard in open session.
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.
Police Chief Anthony Pesare addressed the Council announcing his retirement, effective December 11, 2024. Chief Pesare noted the following:
As well as enforcing the law, one of the things I am most proud of is our engagement in the community. The community policing program has won a New England award. Our officers serve the community through law enforcement, but also serving the community by being members of the community and participating in all kinds of activities. That is what makes Middletown so special, some of the things we've accomplished within the last two years include obtaining three federal grants to retrofit the stations HVAC system, one for a brand new console system, one for new CAD system and we also received a grant to hire two police officers that will go into the school resource officer program. These are things we've accomplished within the last two years. In addition, you're all aware that many calls now are for mental health issues alcohol, drugs, mental crisis; we are one of only two communities in the state of Rhode Island police departments that has obtained what's called the one mind challenge by the International Association of Chiefs of Police. We have trained every officer in Mental Health First Aid and trained 20% of our officers in Crisis Intervention training. The Police Department has adopted a policy for dealing with people in mental crisis and we have an agreement with Newport County Mental Health, and we work with them. Middletown is a wonderful community, and I've enjoyed being a part of this town. The support and resources you have given to me have helped me turn this into the police department that it is. It is not all about being the Chief, it's all about being one of many officers and civilians who every day go out there and serve the community. They are the ones who I am most proud of, and I have been lucky to serve with them. I am confident that I will leave this department in good shape and in the good hands of Major Jason Ryan. I want to thank my wife and family for their support throughout the years, and now it's time for me to turn my attention to them. Thank you very much for this opportunity to serve the Town of Middletown.
Council President Rodrigues thanked and congratulated Chief Anthony Pesare, reviewing when he first met Chief Pesare in 2004. Mr. Rodrigues explained at that time he was not sure he could support the appointment of Chief Pesare because he was not moving to Middletown and all he could vision was the Chief leaving at the end of his day and Middletown being in the rear-view mirror. Chief Pesare and his family did move to Middletown. Council President Rodrigues explained that they developed a great relationship, and he has done a fantastic job . Mr. Rodrigues noted that not only is Mr. Pesare a great Chief, but a great friend and really appreciates him.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 6:22 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 6:30 p.m.
TOWN UPDATES
2. The Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said Town Projects update.
Town Administrator Shawn Brown reviewed the following:
Mr. Brown also reviewed the Library project
Deputy Police Chief Jason Ryan addressed the Council reviewing the following regarding Coyotes.
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 continues to progress with the Construction Documents and provided an interior space design update at the October 23rd SBC meeting (attached). The design team has also met with the Historical Society and is in the process of scanning and reviewing the information gathered. Soil sampling results for the MS/HS site have been received and are consistent with the expectations. The soil will be retested during construction to determine if the soil can be blended to meet RIDEM requirements for clean material.
A thorough investigation of the entire HVAC system at the existing high school is still in the process of being scheduled.
Budget and Schedule:
The project remains on time and on budget. An updated budget summary is attached.
The design team provided an updated supplemental services proposal for the revised scope of the existing high school crediting $350,280 to the project. The SBC voted to approve the recommendation to present the proposal to the school committee and town council. The proposal is attached.
RIDE:
The RIDE Stage III DD packages were uploaded to RIDE on 10/1/2024. Feedback from RIDE is still pending. The 60% construction document submission to RIDE is still scheduled for January 2025.
Planning Board:
The project team is prepared to present the master plan package to the planning board at a special planning board meeting scheduled for November 6th. (No change from last update)
Fire Safety Code Board:
The design team has submitted equivalency request for the use of window sprinklers in lieu of fire-rated glass at interior windows. A hearing has been scheduled for December 3rd at the Fire Board. (No change from last update)
Build RI:
Build RI presented a case at the October 23rd SBC meeting to have the town proceed with a feasibility study to determine if a Project Labor Agreement (PLA) is warranted for the MS/HS project. The SBC voted to approve the recommendation to proceed with a feasibility study to the school committee and town council. Build RI information is attached.
The project is on time and on budget.
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.
No one spoke during this session.
5. At the request of Council President Rodrigues, Resolution of the Council, re: Proclaiming November 30, 2024 – Small Business Saturday in the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues read the above resolution into the record.
A vote taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
6. Email communication of Sarah Mullen, re: Resignation from the Library Board of Trustees.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
Town Administrator Shawn Brown noted that there will be a Veteran’s Day Ceremony on November 11, 2024, 11:00 am at Paradise Park.
Council President Rodrigues thanked all of the Council for their help, hard work and wished all luck in the Election on November 5, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:07 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri