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 on Monday, December 20, 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 DECEMBER 15, 2021
REGULAR MEETING DECEMBER 20, 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, December 20, 2021, 6:00 P.M. – Executive Session; 6:30 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:35 p.m.
On motion of Council President, duly seconded, it was voted unanimously to authorize the Finance Director to execute a revised lease with the Newport Community School for one additional room (six months) at the JFK School for $466.00 per month for the additional room.
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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 6:36 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 6:44 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Council President Rodrigues noted the following regarding Robert J. Sylvia:
Personnel Board – 12-1-2000 to December 2003
275th Anniversary Committee - 2017
Town Council
2006-2008
2008-2010
2012-2014 – Vice President
2014-2016 – President
2016-2018 – President
2018-2020 – President
2020- April 5, 2021 – President
As Liaison for the Council
Audit Committee
Budget Advisory Sub-Committee
School Committee
Special Assessment Review Sub-Committee
Citizens Memorial Committee
Economic Development Advisory Committee
Beach Commission
Recreation Facilities Master Plan Advisory Group
Robert J. Sylvia thanked everyone, noting it was a team effort.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin said presentation.
Council President Rodrigues noted that the 2021 Holiday Card Art Contest had two contest categories, adult, and youth. Mr. Rodrigues presented Yukiko Bita with the adult award and Sarah Sheley with the youth award.
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.
Senator Louis P. DiPalma, Middletown, addressed the Council, presenting them with a handout, entered below. Mr. DiPalma explained that the Rhode Island Department of Transportation project for the construction of sidewalks on Aquidneck Avenue to Green End Avenue has gone to bid.
Discussion centered around the project being performed at night so it will not disrupt the businesses in the area.
ITEMS #5 - #20 WERE NOT ACTED UPON AND CONTINUED FROM THE DECEMBER 6, 2021, REGULAR MEETING.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano reviewed the communication above. Mr. Turano explained that the Affordable Housing Committee has toured three Town Facilities (Peckham Building, Oliphant School Building and Linden Park) and at the last Town Council meeting a resolution was passed for additional drawings for each site.
said memorandum.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #6.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #8.
Discussion centered around the current study is only a year old, how much extra information will be provided from a new study, if most of the information from this study is available inhouse, the need for current market data, housing for the workforce in Town; the concern that there is not enough affordable housing in Town for families, not just seniors and the cost of Keystone Consulting attending Town meetings.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #10.
Discussion centered around the scope of work for the project, the assumption that all base building utilities as currently installed and designed are adequate to support the new usage is part of the site review, going out to bid for the project may not give you the best system(s) for the building and this project will not affect senior housing.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Councillor VonVillas reviewed the following:
I am very concerned that the Town Council not fall into the trap of making educational decisions based on strong reactions to other ongoing issues or personal agendas.
The issue of the school finances is separate from the academic recovery of kids. We must not let our strong opinions get in the way of education. The immediate financial issue will be resolved by the end of January. We cannot let it muddy the waters as we consider what is best for kids.
The statewide educational decline in the schools has been a direct result of theoretical decisions imposed top-down by national and state officials who have minimal practical experience. The resulting decrease in student performance has been exacerbated by Covid. I see it at Roger Williams University. The superintendent sees it K-12.
The uneven educational levels and gaps of kids need to be solved in-house - by teachers - not top-down. I have reviewed the district's plan to expand the Beyond the Bell program - provided by teachers - after school - and located within the schools themselves. That is where it belongs, especially if we are willing to provide the transportation to make it accessible for all the kids.
Community programs have value, but they should not be regarded as miracle solutions. They are support mechanisms for parents who have the interest - as well as resources and ability - to transport their kids. They are irrelevant and even inaccessible for those whose perceptions and/or resources are limited - yet these are the kids who need help the most.
If we are going to allocate the current limited resources, they should go to the place where we will likely get the best academic return - the teachers -and at the schools - where the focus is appropriate and, as an aside, I don’t see the school department or even a cadre of teachers promoting out-of-school programs right now.
The school department is submitting a proposal for the federal funds which will increase Beyond the Bell, for which the Superintendent has consistently advocated and supported.
Meanwhile, I hear what I consider premature proposals to add financial commitments to a budget already constrained by a multitude of more timely and critical municipal issues.
Let’s not let our uneasiness with school department financial management blind us to educational improvement in the schools themselves. Let’s put our focus for now where it belongs –- let’s put our kids’ academic recovery first.
Only then, after we all have our feet firmly on the ground – both academically and financially - can we consider additional municipal funding for beneficial community support programs.
Immediacy is the issue.
What can we do right now!
I would like to end with an analogy:
If the engine in your car is smoking and sputtering and you are worried that it will conk out in traffic, you don’t fix it by going to the car wash or getting new seat covers.
You take it to your auto mechanic who can diagnose the problem and take the appropriate steps to correct it. In this case, the teachers.
Yes. There is merit in expanding community programs, but timing is everything. Get our kids back to where they should be.
I can support the expansion of community educational opportunities with an appropriate timeline.
However, expansion of community programs should be regarded as a long-term investment down the road when we are still talking about the possibility of a return to remote learning.
We need to focus on reality.
Discussion centered around the Town Administrator looking for direction from the Town Council, support for option one in the memorandum (to form a subcommittee of the Town Council), the need for additional program/educational opportunities for students and not replacing the Beyond the Bell program, but to compliment the program and assist/help the teachers.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Councillor Flynn, Councillor Logan and Councillor Turano to form a sub-committee to work with the Town Administrator for the out of school program.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Councillor Turano reviewed the memorandum and attachment in item #13.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, to request the Town Administrator on behalf of the Town Council to notify the two property owners to pursue an alternative to tying into the private sewer line that is to the south of their lots.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around that the request was reviewed by the Roads and Utilities Advisory Committee and property owners would pay an impact fee and sewer fee if tying into Town sewer.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to request the Town Administrator on behalf of the Town Council to notify the two property owners to pursue an alternative to tying into the private sewer line that is to the south of their lots.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, to authorize the Town Administrator to execute the Full Release documents for the two parcels.
Town Administrator Shawn Brown reviewed the memorandum above.
Town Solicitor Peter B. Regan noted he has reviewed all the documents/easements and confirmed the RIDOT will not impede school access.
Discussion centered around there must be some monetary consideration for the easement, the money will be placed in the general fund and making sure the property will be returned to its prior condition at the end of the project.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Town Administrator to execute the Full Release documents for the two parcels.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
21. Application of Mykono Pizza, LLC dba Mykono Pizza Pub, 59 Aquidneck Avenue, for a Class BV Liquor license to be used at the same premises. (NEW) (Council action is to order this application advertised for public hearing and notify abutters of the public hearing to be held on January 18, 2022)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, advertised for public hearing and notify abutters of the public hearing to be held on January 18, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Flynn requested that items #22 & #23 be heard under the regular portion of the agenda.
Councillor Flynn requested that items #22 & #23 be continued to the next regular meeting of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the next regular meeting of the Council, January 3, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the next regular meeting of the Council, January 3, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Memorandum of MPC Director, thru Town Administrator, re: Islanders Committed Capacity Building Efforts and Plans for the School Year. (The Administration requests to withdraw this item at this time. The item will be placed on a future agenda.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and withdraw this item at the request of the Administration.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Rick Lombardi, Director of Campus Safety, St. George’s School, addressed the Council noting that there will be no fireworks at the event.
Motion was amended and voted upon.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit without fireworks.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
On motion of Vice President Welch, duly seconded, to grant said license, subject to Building Official, Fire Marshal and Board of Health approvals.
Applicant Barnaby Quinn addressed the Council noting he has received all his approvals to open.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license, subject to Building Official, Fire Marshal and Board of Health approvals.
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, amending sections §27A04(C), and §27A07(E) of Article 27A – Mixed-use Development.
Public Hearing Remains Open.
Councillor Flynn reviewed the following:
Enter Article 27A Mixed-Use and the mixed-use document
Planning Board Chair Paul Croce was present to answer Council inquires.
Discussion centered around that the Planning Board did not look at horizonal vs vertical mixed use blocks for the mixed use ordinance, there is no definition in the ordinance for horizontal vs vertical mixed use blocks, horizontal vs vertical mixed use blocks would be a major change to the ordinance and the issue of horizontal vs vertical mixed use blocks has not been discussed by the Planning Board, the changes to the mixed use ordinance in the current amendment are small changes, there is no relief for hours of operation within the ordinance and mixed use is a component of the Comprehensive Community Plan.
There being no other person present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted to adopt said ordinance on its second reading; Vice President Welch and Councillor Flynn voted NO to said motion.
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Town Solicitor Peter B. Regan reviewed the following:
Attached for your consideration this evening is a revised version of the draft Tiered Tax Rate Ordinance. The revisions are as follows:
1. As discussed at the last meeting, state law provides that the effective tax rate for different classes of properties (with the exception of motor vehicles) can exceed the rate applicable to any other class by more than 50%. If the ordinance is adopted, that same rule would prohibit the effective tax rate for non-owner-occupied properties from being more than 50% higher than the rate applicable to owner occupied properties. I understand that the Council wishes to consider lowering that 50% figure to a smaller percentage and I have made a revision to section (A)(1) in that regard. The Council willneed to choose the appropriate percentage based on its review of the scenarios provided in Shawn’s memo.
2. I revised Section (A)(1)(a) to provide that applications are required to be filed every 3 years, rather than annually.
3. I also revised Section (A)(1)(a) to provide that during the first year of the program, applications may be filed Between January 1st and May 1st, rather than the period of January 1st to March 15th that would apply thereafter. For Your Information, that is the same filing period for our other exemptions.
4. I corrected the typo in the lettering of Section (A)(1)(c).
Lastly, you will recall that a question was raised by a person that owned a property in Town that was not rented, but was occupied by another family member. I did not revise the ordinance to accommodate that situation, as I believe it would violate RIGL § 44-5-11.8, which is the statute that allows us to adopt separate tax rates for owner occupied and non-owner-occupied properties. The property in that situation is non-owner occupied by definition, as it is occupied by someone other than the owner. As a result, state law would not allow the owner-occupied rate to be applied to that property.
Discussion centered around it would be a trust issue if residents rent out their home when they are not in Town, if residents rent their homes for a short time should get the same relief as someone who does not rent their home, redefining rental parameters, giving relief only to registered voters, how to draw the line for owner occupied, giving a break to full time residents, a cap for the amount of the tax credit for residents and what type of split should be made between the residential and non-residential rate.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted to adopt said ordinance on its second reading, as amended; Council President Rodrigues, Councillor Santos, and Councillor VonVillas voted Yes; Vice President Welch, Councillor Flynn, Councillor Logan and Councillor Turano voted NO to said motion; MOTION FAILED TO PASS.
On motion of Councillor Flynn, duly seconded, to eliminate the paragraph on renting, eliminate #5 under(A)(1)(c)(4), page 2 and replace with the provision saying that the property must be occupied by the owner for more than 6 months of the year to qualify, and adopt said ordinance on its second reading as amended.
On motion of Councillor Flynn, duly seconded it was voted unanimously to withdraw the prior motion.
On motion of Councillor Flynn, duly seconded, it was voted to adopt said ordinance, as written with the following amendments, amending (A)(1)(a) to read after the word which, on the second line “applications are to be filed every three (3) years and removing the word annually from that sentence, and applications may be filed Between January 1st and May 1st; amending 4 to read “Applicants for the owner-occupied rate must reside at the subject property for more than six (6) months of the year; as amended; Vice President Welch voted NO to said motion.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.02, Exemption on Residential Property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.30, Real Property Exemptions. (Tax Exemptions for Veterans)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.40, Property Exemption Defined. (Tax Exemptions for Blind Persons)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Town Administrator Shawn Brown explained that at the November 15, 2021, Regular Council Meeting, the discussion was to have the Town Solicitor, Town Administrator, School Administration and School Attorney meet and discuss consolidation. Mr. Brown noted that a meeting will be set up after the holidays.
Discussion centered around letting the educators be educators, the unions remain the same and assist/help the School Department with finances.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, to direct the Solicitor to prepare an amendment to the ordinance.
Town Administrator Shawn Brown reviewed the memorandum above.
Recycling Coordinator Will Cronin was present to answer Council inquires.
Discussion centered around not raising the campground fees, providing upgrades to the campground facility, the campground is at full Covid capacity, there is a waiting list for the campground, the campground opens May 1st and closes Columbus day weekend, and improvements to be made are parking lot, shower area and washer/drying area.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to direct the Solicitor to prepare an amendment to the ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to re-appoint Alan Kirby as Tree Warden for 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and resignation with regret.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:45 p.m.
________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri