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 at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, August 16, 2021, at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
POSTED AUGUST 11, 2021
REGULAR MEETING AUGUST 16, 2021
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, August 16, 2021; 6:00 P.M. Presentations and Contract; 7:00 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. 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
Town Planner Ronald Wolanski was Acting Town Administrator.
1. At the request of Representative Terri-Denise Cortvriend, Resolution of the Council, re: Proclaiming Middletown as a Purple Heart Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution and begin said presentation.
Representative Terri-Denise Cortvriend addressed the Council introducing Matthew Baldwin McCoy, State Adjutant, Rhode Island.
Matthew Baldwin McCoy, State Adjutant, Veterans of Foreign Wars, Department of Rhode Island, One Capitol Hill, Providence, RI, addressed the Council noting he has been reaching out to Rhode Island Cities and Towns to recognize wounded Veterans in Rhode Island. Mr. McCoy requests the Council to pass a resolution proclaiming Middletown as a Purple Heart Town, explaining the first step is to pass the resolution. Mr. McCoy will then work with the state to complete the rest of the mission.
Discussion centered around that there is currently not a central registry of Purple Heart recipients in Rhode Island, they hope that residents will bring names forward of wounded veterans, Middletown is the home of the Gilbert Burton VFW Post, Kenneth Gilbert was a World War II veteran who completed three tours, Arthur M. Burton is the Rhode Island’s only African American service member to serve in World War I combat.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
2. Communication of Charlie Roberts, Co-Chair, MPS Building Committee, re: Update of MPS Building Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and begin said presentation.
Charlie Roberts, Co-Chair, MPS Building Committee, reviewed the memorandum above.
Mr. Roberts noted that the MPS Building Committee would like to meet with the Council to review Phase I, explaining the Building Committee needs Council support/approval to submit a letter of intent for the Phase I application. Mr. Roberts noted the application and letter are due by September 15, 2021.
Discussion centered around meeting with the MPS Building Committee on September 1st, monies from the 10-million-dollar school bond that has to be accounted for, school infrastructure, the Building Committee looking at a 5-year plan for the school buildings and having the Middletown Historical Society takeover Oliphant School as a museum.
3. Presentation of Sean VonVillas, re: Restoration of Rhode Island Historical Cemetery #28.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Sean VonVillas presented a power-point presentation to the Council regarding the Restoration of Rhode Island Historical Cemetery #28, which is on file in the Office of the Town Clerk.
Vice President Welch inquired what point of Scout law was this project and how is this different than prior leaders?
Sean VonVillas, responding to Vice President Welch, noted helpful and he himself was the sole leader.
Councillor Santos presented Mr. VonVillas with a token of appreciation.
Council requested that a citation be prepared to present to Mr. VonVillas at a later date.
4. Memorandum of Rosemarie K. Kraeger, Superintendent of Schools, re: Teacher Contract (NEAM Teachers Association).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues thanked the Teachers and Superintendent for everything they do for the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Teacher Contract (NEAM Teachers Association).
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 6:39 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 7:00 pm.
5. 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.
TOWN BUSINESS UPDATE
6. Memorandum of Town Administrator, re: Town Business Updates - July.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Discussion centered around advertising for ordinances and how residents/public receive notification of Town meetings.
7. Approval of Minutes, re: Regular Meeting, July 6, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Petition of Charles J. Vucci, Esquire, Gemma Law Associates on behalf of Maureen Paul, re: Personal Injury.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said petition.
9. Petition of National Grid & Verizon New England, Inc., re: Vanicek Avenue – Proposed relocation Pole 4 and install a new Pole 5 Vanicek Avenue in order to eliminate an aerial trespass over AP106 Lot 68. (Council action forward to the Roads and Utilities Committee for review and recommendation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said petition and forward to the Roads and Utilities Advisory Committee for review and recommendation.
10. License of Burial, re: Rayfield Drowne, Jr. and Marie Drowne – Section 38, Graves 6G & 6H.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of burial.
11. License of Burial, re: Anne L. Shepley Hatch – Section 54, Graves 48 & 49.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of burial.
12. Application for Special Event Permit from Justin Speegle, AmpSurf for Surf Therapy for people with disabilities to be held at Second Beach, on Monday, September 20, 2021, from 8:00 am to 12:00 pm. (Attached is a request to waive permit fees)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.
13. Application of Newport Chowder Company, LLC, Newport, RI for a Mobile Food Establishment License (Truck) for the 2021-2022 licensing year.
On motion of Vice President Welch, duly seconded, to grant said license.
Discussion centered around that number of trucks and carts allowed within the ordinance and the number that are currently granted.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
14. Application of Newport Chowder Company, LLC, Newport, RI for a Mobile Food Establishment License (Cart) for the 2021-2022 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
15. (Public Hearing Advertised)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, is amended by adding new Section 727 Marijuana Related Uses. (Planning Board Recommendation is on file)
Public Hearing was declared open.
Town Solicitor Peter B. Regan reviewed a power-point presentation regarding the marijuana ordinance, which is on file in the Office of the Town Clerk.
Carol Formica, 21 Mast Court, addressed the Council noting she has been fighting over against marijuana legalization for many years, due to the negative impacts on youth. Ms. Formica explained that there should be no businesses in Town regarding marijuana, it is not a good thing.
Town Solicitor Peter B. Regan noted that the ordinance is in line with regulations adopted by the Department of Business Regulations.
Antone Viveiros, 1 Admiralty Drive, Apt. 11, addressed the Council, reading an article regarding the use of marijuana, noting it leads to poor academic performances , mental health problems and development issues in youth and adults.
Discussion centered around the patient cultivation use table, state law allows cultivation in all zoning districts, under this ordinance marijuana cannot be grown outside, the difference between hemp and marijuana, Department of Business regulations has separate regulations for growing hemp, and you need an area for a marijuana facility or you must prohibit.
Vice President Welch read the following into the record from Middletown Prevention Coalition Director Lori Verderosa.
Town Council President Rodriques & Councillors,
As you are aware, the public hearing to amend Middletown Zoning Ordinance, Town Chapter 152, Article 7 related to marijuana uses is being held this evening.
I, unfortunately, have a scheduling conflict. I wanted to inform you of such since this public hearing re: this marijuana land use zoning amendment is of such relevance and importance to the mission of the coalition.
Please be informed that I will be speaking at the public hearing on September 7, 2021.
Discussion centered around concerns with the distances for marijuana laid out in the ordinance, parcels can be identified for marijuana, if a distance is too large it’s considered defacto prohibition in which case the Council may just prohibit marijuana, if a special election is needed regarding marijuana and the ordinance can be amended anytime.
Council President Rodrigues noted that the second public hearing on this ordinance will be held on Tuesday, September 7, 2021.
There being no other persons present, desiring to be heard public hearing will remain open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
16. 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, (F) Police, (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.
17. Email communication of Symon Cousens, Island Elements, Island Surf & Sports, Elemental Surf & Skate, re: Third Beach concession agreement.
18. Email communication of Mersina Christopher, re: Objecting to allowing pets in the cemetery and requesting the Town Council to change the rule.
On motion of Vice President Welch, duly seconded, to receive said email communication.
Discussion centered around that people do bring pets to the cemetery, that dog bags should not be placed at the cemetery, dogs should not be lose in the cemetery and if the issue arises again the Council will address.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
19. Communication of J. Clement “Bud” Cicilline, 1st Vice President Co-Chair, NAACP Newport County Branch Golf Tournament Committee, re: Request for support by sponsoring a Tee Sign for the Golf Tournament.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize $150.00 for a golf tee to be allocated from the Town Council President’s Discretionary fund.
20. Communication of Henry P. Sorett, Esquire, Newport, re: Third Beach Access.
On motion of Vice President Welch, duly seconded, to receive said communication.
Discussion centered around that this issue does not need to be brought to the Beach Commission, acceptations are made by the administration for the handicapped and reserving Third Beach for residents only.
Town Council President Rodrigues recognized Town Planning Ronald Wolanski as Acting Town Administrator.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
21. Communication of Councillor Turano, re: Middletown School Maintenance Department, IT Department, and the Accounting Department merge with the Middletown DPW, IT Department, and Accounting Department.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to continue this item to the September 7, 2021, Regular Meeting of the Council.
22. Communication of Councillor Turano, re: Middletown Property Tax Assessment Overview.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano inquired if the Council would like to move forward with looking at how residents are taxed. Mr. Turano reviewed the communication above.
Discussion centered around the Town is running out of land, holding a workshop to discuss taxation methods, the need to do as much as possible to protect residents from being forced out of their homes, a balance between residential and commercial rates and Councillor Turano working with the Town Administrator and Tax Assessor to set up a Special Council meeting to discuss taxes in the Town.
23. Communication of Councillor Turano, re: Middletown Fees for Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano reviewed the communication, requesting the Town fees be reviewed.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to have the Town Administrator review all fees in the Town Code and report back to the Council when the last time the fees were increased.
24. Memorandum of Finance Director, thru Town Administrator, re: Equipment Purchase: Public Works Vehicle Replacement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
25. Resolution of the Council, re: Equipment Purchase: Public Works Vehicle Replacement.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Interim Public Works Director Robert Hanley was present to answer Council inquires.
Discussion centered around that the truck has a stainless-steel body, the truck costing a little more money but saves money in the long term, the truck comes with a three-yard sander, the truck is available at the dealership and if there are two trucks on the lot for purchase.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
26. Communication of the Tax Assessor, re: Cancellation of Taxes for Certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
27. Resolution of the Council, re: Cancellation of Taxes for Certain Middletown Residents.
Councillor Santos noted she has questions for the Tax Assessor.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the September 7, 2021, Regular Meeting of the Council.
28. Email communication of Middletown Prevention Coalition Director Lori Verderosa, re: Rachel Channen resigned from (youth serving organization representative) and Siobhan Bogosian resigned from (parent sector representative) of the Middletown Prevention Coalition.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
29. Communication of Siobhan M. Bogosian, re: Resignation from the Middletown Prevention Coalition (parent sector representative).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
Council President Rodrigues thanked everyone for attending the meeting.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:24 p.m.
___________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri