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 held by telephone conference at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, June 1, 2020 at 7:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Terri Flynn
Councillor Henry F. Lombardi, Jr.
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas
Members Present by Teleconference and Webinar.
REGULAR MEETING – JUNE 1, 2020
POSTED – MAY 27, 2020
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
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 Regular Meeting - Said meeting will be conducted by telephone conference call on Monday, June 1, 2020 at 7:00 P.M., in accordance with Executive Order 20-25 issued by Governor Raimondo on April 15, 2020, extended on May 15, 2020, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) as part of the State’s emergency response to COVID-19. Members of the public may access and listen to the meeting in real-time by calling 877-853-5257 (Toll Free) or 888-475-4499 (Toll Free) and entering Meeting ID: 822 0319 9008; or On the web at https://us02web.zoom.us/j/82203199008.
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.”
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.
Council President Sylvia announced – If you are participating by phone and wish to speak press *9 on the telephone. If you are on the Zoom application and wish to speak raise your hand.
Council President Sylvia announced- In regards to discussion, each Councillor will have 5 minutes and then another 3 minutes after discussion, then we will vote.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to act as a Board of License Commission. (All Councillors were polled by Council President Sylvia for their vote.)
1. Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a Class BV Liquor License to be used at the same premises. Application includes request for outside service on lower patio area and upper deck. (On May 18, 2020, this item was ordered advertised and notification to abutters for Public Hearing on June 1, 2020. Due to the newspaper notice, the application requires a continuance for advertising and notification to the abutters for hearing on June 15, 2020.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue to June 15, 2020 to notify abutters and advertise for public hearing. (All Councillors were polled by Council President Sylvia for their vote.)
2. Applications of the following named persons, firms or corporations, for Temporary Expansion of outside service of Alcohol:
CLASS B LIMITED
MISSON, LLC-58 AQUIDNECK AVENUE
CLASS B VICTUALLER
AQ, INC./AQUIDNECK RESTAURANT & PIZZERIA- 27 AQUIDNECK AVENUE
BACK OF THE BUS, LLC/IDA’s RESTAURANT - 21A VALLEY ROAD
BOTTEGA BOCCONI, LLC/BOTTEGA BOCCONI- 36 AQUIDNECK AVENUE
DIEGO’S MIDDLETOWN, LLC- 116 AQUIDNECK AVENUE
HPK, INC./TICKETS – 15 AQUIDNECK AVENUE
THE PUB AT TWO MILE CORNER, INC/ THE PUB AT TWO MILE CORNER- 10 MAPLE AVE
On motion of Vice President Rodrigues, duly seconded, to grant the Temporary Expansion of Alcohol for outside service.
Discussion centered around that the temporary expansion of alcohol for outside service is per the Governor’s order, all applications have been reviewed and signed off by the Town Administrator, Police Department, Fire Marshal and Building Official and the service is temporary only while the Governor’s order is in effect.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant the Temporary Expansion of Alcohol for outside service. (All Councillors were polled by Council President Sylvia for their vote.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene as a Town Council. (All Councillors were polled by Council President Sylvia for their vote.)
3. Application of Keystone Novelties Distributor, LLC dba Keystone Fireworks, 741 West Main Road, for RENEWAL of a Holiday License for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal. (All Councillors were polled by Council President Sylvia for their vote.)
4. (Continued from March 16, 2020, Regular Meeting)
Application for Special Event Permit from the Newport County YMCA for the Summer Camp (Water Sports/Surf Camp) to be held at Second Beach, beginning June 22, 2020 to August 28, 2020 from 9:00 a.m. to 2:00 p.m.
On motion of Vice President Rodrigues, duly seconded, to grant said Special Event Permit.
Discussion centered around that the YMCA will be held to Covid-19 compliance, the Town will check to make sure the YMCA is in compliance and the YMCA provides their own lifeguards.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit. (All Councillors were polled by Council President Sylvia for their vote.)
5. (Continued from March 16, 2020, Regular Meeting)
Application for Special Event Permit from Reverend Shelley Dungan of The Sacred Center at St. Mary’s Church for Yoga on the Beach to be held at Third Beach, Monday – Sunday 7:30 am – 8:30 am and Monday-Friday 6:00 pm -7:00 pm, mid-June to early September.
On motion of Vice President Rodrigues, duly seconded, to grant said Special Event Permit.
Colleen Murphy, 5 Simmons Terrace, addressed the Council suggesting the participants leave by 8:00 am to ensure parking for residents.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit. (All Councillors were polled by Council President Sylvia for their vote.)
6. Application for Special Event Permit from Rhode Races & Events, Inc., for the Newport Rhode Races, Marathon Road Race to be held on Saturday, April 17, 2021 from 7:30 am – 1:30 pm. on various roads in Middletown.
On motion of Vice President Rodrigues, duly seconded, to grant said Special Event Permit.
Discussion centered around that the permit is being issued ten months prior to the event, that the permit can be rescinded, the road race this year was a virtual road race and the permit was filed early because of logistics and planning of the event.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit. (All Councillors were polled by Council President Sylvia for their vote.)
7. Public Hearing (Advertised) (First Reading)
Town of Middletown application for PY2019 Application – Small Cities Community Development Block Grant (CDBG) for certain projects Statewide in the amount of $5 million dollars available to undertake a range of activities:
a) Improved housing opportunities for low and moderate-income families and individuals.
b) Provision of employment opportunities for low and moderate-income individuals.
c) Provision of community facilities and services principally benefiting low and moderate-income families and individuals.
Public hearing was declared open.
Town Planner Ronald Wolanski reviewed the memorandum, entered here:
Sean Saunders, representing Church Community Housing, addressed the Council noting the grant benefits are for low to moderate income families for activities, housing, employment and facility services.
Kelly Lee, Executive Director, Lucy’s Hearth, addressed the Council thanking the Town. Ms. Lee noted that Lucy’s Hearth has benefited from funding for several years and requests $50,000 for shelter operations.
Discussion centered around funding cannot be used to supplement federal funds, funding cannot be used for public schools, funding can be used for senior housing, a survey would need to be conducted to see if Oxbow or Commodore Perry Village have any projects that could come under this grant, requesting funds for windows at the Senior Center and investigating mechanical or hurricane shutters for the Senior Center.
There being no other persons present desiring to be hearing, public hearing was declared closed.
8. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code Title XI Business Regulations, Chapter 113 Food Service. (See Attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, to adopt said ordinance on its second reading.
Discussion centered around the concessions at the beach, going out to bid for the beach concessions, the previous proposed ordinance which did not pass, there were 24 permits (trucks or carts) last year, there have been no complaints regarding food trucks, the distance of food trucks from restaurants, if food trucks hurt local businesses, the state has enacted a statewide Mobile Food Truck license, the ordinance allows for a certain amount of permits and others can apply for a Special Event permit which is for a limited time.
John Ashley, 60 Selina Lane, Portsmouth, owner of Castaway Gourmet Food Truck, addressed the Council noting for the past 8 years he has served lunches from his truck at Enterprise Center. Mr. Ashley explained that he also has done special events in the Town. John Ashley noted that he has put a lot of money into his truck upgrading it and this ordinance would not allow him to get a permit in the Town.
Discussion centered around the expense to operate food trucks, increasing the number of licenses and not eliminating someone’s job.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted to adopt said ordinance on its second reading. Council President Robert J. Sylvia and Vice President Paul M. Rodrigues voted YES; Councillor Terri Flynn, Councillor Henry F. Lombardi, Jr., Councillor M. Theresa Santos, Councillor Dennis B. Turano and Councillor Barbara A. VonVillas voted NO to said motion; MOTION FAILED TO PASS. (All Councillors were polled by Council President Sylvia for their vote.)
Town Administrator Shawn Brown recused himself from the following item #9, due to a possible conflict of interest.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to appoint Town Solicitor Peter B. Regan as Town Administrator for item #9. (All Councillors were polled by Council President Sylvia for their vote)
9. Communication of James S. Falsetti, BQ Energy, with enclosures, re: Transmittal Letter: Solar Breakers Project – Reference: NAVSTA NEWPORT – Tank Farm 4, Landfill and Burma Road.
On motion of Vice President Rodrigues, duly seconded, to receive said communication.
Discussion centered around the matter needs to be referred to the Roads and Utilities Advisory Committee, the Town Solicitor will contact Mr. Falsetti for more information regarding the project, residents in the area not being notified of the project and holding a public hearing regarding the project.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication. (All Councillors were polled by Council President Sylvia for their vote)
On motion of Council President Sylvia, duly seconded, it was voted unanimously to refer this matter to the Roads and Utilities Advisory Committee for review and recommendation. (All Councillors were polled by Council President Sylvia for their vote)
10. Communication of Attorney Turner C. Scott, with enclosures, re: Utility Burial Project/Third Beach/Paradise Valley.
On motion of Vice President Rodrigues, duly seconded, to receive said communication.
Discussion centered around complying with DEM regulations including future regulations.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication. (All Councillors were polled by Council President Sylvia for their vote.)
11. Resolution of the Council, re: In support of the Scenic Third Beach Project.
On motion of Vice President Rodrigues, duly seconded, to pass said resolution and authorize the Town Administrator to execute any necessary approvals required by Cox or National Grid.
Discussion centered around the project is ready to move forward and it is a multi-million-dollar project.
Attorney Turner Scott, representing the applicants, reviewed the memorandum above, in item #10. Mr. Scott noted the need for the Town Council to sign off on the project, so the project can begin.
Discussion centered around supporting the project and if the applicants would assist the Town with the lower Aquidneck Avenue project to bury the utility poles.
Robert M. Silva, Chair of MEDAC, thanked the Town Council for looking favorable on this project. Mr. Silva noted that the MEDAC has met with Mr. Farrar regarding assistance with the lower Aquidneck Avenue project.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution and authorize the Town Administrator to execute any necessary approvals required by Cox or National Grid. (All Councillors were polled by Council President Sylvia for their vote.)
12. Memorandum of Sara Churgin, Aquidneck Island Planning Commission, Chair, with enclosures, re: Report and Update on AIPC Activities and Finances.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and report. (All Councillors were polled by Council President Sylvia for their vote.)
13. Memorandum of Council President Sylvia, with enclosure, re: Beaches and Campground discussion.
Council President Sylvia noted that there have been many email exchanges from residents regarding the beaches and campground. Mr. Sylvia explained nothing has been decided at this time, we are still under the State of Emergency and he has requested the Town Administrator to put together a plan for the Beaches and Campground.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)
Town Administrator Shawn Brown reviewed the SARS-CoV- 2 Beach Operating Plan power point, dated June 1, 2020, which is on file in the Office of the Town Clerk.
Discussion centered around campground revenue, CDC Guidelines to be followed, if campground residents can store their campers on site even if the person cannot stay in the camper at this time, moorings at the beach, the new Harbor Master, social distancing at the beach and campground, non-residents who have moorings, mooring parking at Third Beach, lifeguards at the beaches, the Beach Manger, port-a-johns at the beach, outdoor showers at the beach, parking capacity at the beaches, how to count people who get a ride or just walk to the beach, the beach should open at 8:00 am, rules and regulations for the beach will be set by following RIBOH and CDC guidelines, the concessioner must follow social distancing guidelines and the Town Administrator keeping the Council updated regarding beach operations.
Mary Lavin, 3 Maidford River Road, addressed the Council regarding port-a-johns being more troublesome than the regular restrooms and the distance between cars being parking in the beach lots.
Colleen Murphy, 5 Collins Terrace, addressed the Council noting a good job with the beach reopening plan by the Town and inquired if controls for the beaches will still be in place.
Town Administrator Shawn Brown, responding to Collen Murphy, explaining controls will be in place.
Chris Spaight, 63 James Court, Portsmouth, addressed the Council, reviewing the lifeguard staffing at the beach from the past seasons and the beach operating times.
Susan Younis, 484 Wolcott Avenue, addressed the Council inquiring if you are an out of state homeowner/taxpayer, do you pay for a resident sticker?
David Rushlow, 32 Ellery Avenue, addressed the Council, thanking them for residents only at surfer’s end of the beach. Mr. Rushlow also inquired about beach parking at St. George’s School.
Town Administrator Shawn Brown, responding to David Rushlow, explaining the St. George’s School parking for the beach will be closed until a future date.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to move forward with the Town Administrator’s plan for beach and campground openings, the beaches will be open from 8:00 am to 5:00 pm. (All Councillors were polled by Council President Sylvia for their vote.)
14. Memorandum of Council President, re: Civic Appropriations request for Bike Newport.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum. (All Councillors were polled by Council President Sylvia for their vote.)
15. (Continued from the May 18, 2020, Regular Meeting)
Resolution of the Council, re: Memorializing the General Assembly to Enact Legislation Authorizing the Town of Middletown to issue not to exceed $5,000,000 General Obligation Bonds, Notes and Other Evidences of Indebtedness to Finance Acquiring and Preserving Open Space and Acquiring, Preserving, Restoring and Improving Recreational Areas in the Town.
On motion of Vice President Rodrigues, duly seconded, to pass said resolution.
Councillor Flynn requests that the bond not be combined for both Open Space Conservation and Recreation.
Discussion centered around the Bond allowing for partnerships to purchase land, the bond allows the Town the opportunity to purchase land when it becomes available, separating the bond it will limit the Town Council’s ability for use of the bond monies and the bond combined gives the Town more flexibility.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted to pass said resolution; Councillor Flynn and Councillor Turano voted No to said motion. (All Councillors were polled by Council President Sylvia for their vote.)
16. (Continued from March 16, 2020, Regular Meeting and May 18, 2020)
At the request of Council President Sylvia, Resolution of the Council, re: Every Rhode Islander Should Be Counted in 2020 Census.
On motion of Vice President Rodrigues, duly seconded, to pass said resolution.
Councillor Flynn noted concern with the last two paragraphs of the resolution, explaining she cannot support it.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted to pass said resolution; Councillor Flynn and Councillor Turano voted NO to said motion. (All Councillors were polled by Council President Sylvia for their vote.)
17. (Continued from March 16, 2020, Regular Meeting and May 18, 2020)
Resolution of the Council, re: Requesting amendment to RIGL Section 24-6-1, Authorizing the Town of Middletown, upon receiving a request for abandonment of highway or driftway from an abutting property owner, to sell the highway or driftway to the abutting owner at fair market value.
On motion of Vice President Rodrigues, duly seconded, it was voted to pass said resolution.
Councillor Santos inquired is there was anyone on a list requesting abandonment.
Town Administrator Shawn Brown, responding to Councillor Santos, noted the property at Beach Liquors.
Councillor Flynn noted that a Town Ordinance should not be made because of one property, this item should be continued for further discussion.
Town Solicitor Peter B. Regan noted that this is not because of one situation, the legislation would give the Town flexibility in certain circumstances and allow for compensation.
Councillor Flynn noted that there is not enough detail where this has been applied.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted to pass said resolution; Councillor Flynn voted NO to said motion. (All Councillors were polled by Council President Sylvia for their vote.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:30 pm. (All Councillors were polled by Council President Sylvia for their vote.)
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri