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, March 15, 2021 at 6:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Terri Flynn
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas
Councillor Thomas P. Welch, III, Members Present
Members and Participants Present by Teleconference and Webinar/Meeting.
ALL ITEMS ON THIS AGENDA NOT COMPLETED WILL BE ADDRESSED AT THE MARCH 18, 2021 SPECIAL MEETING.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – MARCH 10, 2021
REGULAR MEETING – MARCH 15, 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, March 15, 2021; Executive Session at 6:00 P.M.; Regular Meeting will begin Immediately following the Executive Session or will begin at 7:00 P.M. - Said meeting will be conducted by telephone conference call/ webinar, in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended to April 1, 2021, 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 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 886 3624 4019; or on the web at https://us02web.zoom.us/j/88636244019.
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, 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, 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 three (3) minutes. Citizens that wish to speak must submit a written request either dropped off at Town Hall or emailed to both wmarshall@middletownri.com and kclancey@middletownri.com . Request must include your information, item number you wish to address and how you will be identified/named on zoom. The request must be filed at least 30 minutes prior to the meeting. If a request is not filed, you will not be able to address the matter.
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) Collective Bargaining (MMEA/NEARI, Local 869- Town Hall) and (5) Lease (JFK School) - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:01 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:21 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to ratify the MMEA/NEARI Local 869 contract.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize the Town Administrator to execute JFK lease.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
ALL ITEMS ON THIS AGENDA NOT COMPLETED AT THE MARCH 1, 2021 REGULAR MEETING.
2. (Council began discussion of this item on March 1, 2021)
Memorandum of Councillor Flynn, re: Planning Board Considerations.
The memorandum was received at the March 1, 2021, Regular Meeting of the Council.
Councillor Flynn reviewed the process/proposal for an Ad-hoc Committee.
Paul Croce, 130 Tuckerman Avenue, Planning Board Chairman, reviewed the following, entered here:
Discussion centered around outstanding Planning Board items, the Planning Board is efficient with excellent staff, the Town Council reviewing the Planning Board workload list and priorities.
On motion of Councillor Flynn, duly seconded, it was voted to have the Town Administrator indicate on the Planning Board project list of 15 which ones have been done and submit to the Town Council so they can prioritize the list of 15 for what they think the planning board should address 1st – 15th; Councillor Flynn and Councillor Turano voted YES; Council President Sylvia, Vice President Rodrigues, Councillor Santos, Councillor VonVillas and Councillor Welch voted NO to said motion; MOTION FAILED TO PASS.
Discussion centered around the Town Administrator will meet with the Planner to establish the current status of Planning Board items that are being addressed.
3. Memorandum of Councillor Flynn, re: Senior Housing Proposal Information Platforms.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above.
On motion of Councillor Flynn, duly seconded, to have an Information Platform online and in hard copy.
Discussion centered around the new Committee for Senior Housing to post the information, and the current plan for Senior Housing is not valid.
A vote was taken at this time.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to have an Information Platform online and in hard copy.
Discussion centered around that the information to be posted is the core information regarding the senior housing.
4. Memorandum of Finance Director, thru Town Administrator, re: Senior Affordable Housing – Change order for RI Housing application and manage bid process.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to withdraw said item.
5. Resolution of the Council, re: Senior Affordable Housing – Change order for RI Housing application and manage bid process.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to withdraw said item.
6. 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 either dropped off a public participation request at Town Hall or emailed to both wmarshall@middletownri.com and kclancey@middletownri.com at least 30 minutes prior to the start of the meeting. All items discussed during this session will not be voted upon. (No longer than 15 Minutes total for the Public Forum)
No one spoke during this session.
7. Memorandum of Town Administrator, re: Town Business Updates.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the following:
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to act as a Board of License Commission.
8. (Public Hearing Advertised)
Application of Courtyard Management Corporation dba Courtyard Marriott, 9 Commerce Drive to TRANSFER a BT Liquor License to Sonesta International Hotels Corporation dba Sonesta Select Newport Middletown for use at the same premises.
Public hearing was declared open.
Lawrence Frank, 8 O’Donnell Road, addressed the Council noting he is not in opposition to the license transfer. Mr. Frank suggested that there be no limits to liquor licenses in the Town.
There being no other persons desiring to speak, public hearing was declared closed.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license transfer.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene as a Town Council.
9. Memorandum of David P. Martland, Esquire, re: Request to Release Certain Areas from Saltwood Farm Conservation Easement. (Council approval for this item requires the Planning Board review and recommendation; action is to forward this request to the Planning Board.)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and forward request to the Planning Board for review and recommendation.
10. Memorandum of Paul A. Croce, Chairman, Middletown Planning board, re: Recommended Zoning Ordinance amendment – Marijuana related uses. (Council approval for this item allows for the required advertising for a future public hearing)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and advertise for public hearing.
11. License of Burial, re: Valerie Cavanagh - Section 56, Graves 24 & 25.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said license of burial.
12. Application of Sonesta International Hotels Corporation dba Sonesta Select Newport Middletown, 9 Commerce Drive for a Victualling House License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
13. Application of David Haag dba Checkers Pizza, 879 West Main Road for a Victualling House License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
14. (This Application was granted by the Council on June 1, 2020)
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.
Susan Rancourt, 3 Mayo Drive, Warren, Co-Owner of Rhode Races & Events, Inc., addressed the Council noting the Newport City Council has requested the date be moved to May 22, 2021.
Karen Zyon, Co-Owner of Rhode Races & Events, Inc., addressed the Council noting that Newport will revisit the application in a few weeks.
Discussion centered around the amount of people at the event, safety of the participants, wanting to wait for the City of Newport to respond to the application, there will be a staggered start for the race and the race COVID plan.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to continue this item to the first Regular Meeting in April.
15. Application for Special Event Permit from Lori Pagliaroni, Outdoor Yoga at Paradise Valley Park beginning Mid-April 2021 through October 31, 2021. Thursdays- 5:00/5:30pm to 6:00/6:30pm and Saturdays and Sundays - 8:30/9:00 am to 9:30/10:00 am.
On motion of Vice President Rodrigues, duly seconded, to grant said special event permit.
Discussion centered around businesses making money on Town Properties, if there is a problem with the Historical Society running the Windmill while this program is going on and parking during the program.
Lori Pagliarioni, 35 Gunning Court, Instructor for Outdoor Yoga, addressed the Council noting she has been teaching yoga class for 12 years, everyone is outside (socially distanced) and the program is one hour.
Discussion centered around parking for the program, if there is another area in Town for the program and there is a maximum of thirty participants for the program.
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.
16. Application for Special Event Permit from Pulse Newport, Pulse Beach Bootcamps at Second Beach (Surfers End) beginning in April 1, 2021 through October 31, 2021, Monday-Friday from 5:30 am to 8:00 am and Saturdays, June 5, 2021 through September 4, 2121 6:45 am to 7:45 am.
On motion of Vice President Rodrigues, duly seconded, to grant said special event permit.
Town Administrator Shawn Brown noted that the Town has prepared an RFP for beach fitness concession. Mr. Brown suggests approving this permit through Memorial Day and see how the RFP proceeds.
Discussion centered around that business’ plan for the year and the need for the class participants to be off the beach prior to the beach opening.
Kathy Silveira, 52 Center Avenue, Beach Commission, addressed the Council noting the people are not leaving the beach once they finish their classes.
Discussion centered around the times of the classes, limited parking, businesses making money on Town property, the beach is for the residents, Surfers End gets congested and the parking for classes be moved to the main lot at Second Beach.
Jackie Lane, 72 Seascape Avenue, addressed the Council noting that it is viable to move classes down the beach. Ms. Lane reviewed the scheduled dates and times for classes- Tuesdays, Thursdays, and Saturdays 5:30 am – 7:30 am and classes will be off the beach by 8:00 a.m.
Discussion centered the times of the classes, the RFP going out to the public this week and RFP for beach fitness concession will run from Memorial Day to Labor Day.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to grant said special event permit starting April 1, 2021 through Memorial Day, on Tuesdays, Thursdays starting at 5:30 am to 7:45 am and Saturdays 6:45 am to 7:45 am.
17. Application for Special Event Permit from East Bay Community Action Program, Molar Express, Dental Visits for children 2-21 and free care for uninsured ages 2-21, to be held at Linden Park on Wednesday, April 7th through Friday, April 9th, 2021 from 1:00 p.m. to 5:30 p.m. and Wednesday, April 21, 2021 from 7:00 a.m. to 5:30 p.m. (Includes a request to waive all fees)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said special event permit and waive all fees.
18. Communication of Zoe Pagliaro, Sustainably Coordinator, Clean Ocean Access, re: Clean Ocean Access 2020 Updates.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
19. Communication of Brad Read, Executive Director Sail Newport, re: Request for Civic Support.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Council President Sylvia reviewed the memorandum above.
Discussion centered around that the appropriation is for this Fiscal Year, the previous request was withdrawn because the program was not running.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to authorize said Civic Appropriation in the amount of $5,000. to be appropriated from the Parks and Recreation Fund.
20. Public Hearing Advertised.
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, is amended by amending the definition of “Building Height” in Section 400, entitled
“Definitions”, and adding a new subsection “(E)” to Section 704, entitled “Height and Yard Modifications”. (Planning Board recommendation on file)
Public hearing remains open.
Town Solicitor Peter B. Regan reviewed the proposed amended ordinance.
There being no other persons desiring to be heard, public hearing was declared closed.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
21. Public Hearing Advertised.
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 , is amended by amending `sections §27A04(B), §27A04(C), and §27A07(E) of Article 27A – Mixed-use Development Projects. (Planning Board recommendation on file)
Public hearing remains open.
Lawrence Frank, 8 O’Donnell Road, addressed the Council inquiring as to how this amendment came to the Council. Mr. Frank suggests the Council get more information on this amendment to the zoning ordinance.
Discussion centered around that an attorney suggested the mixed use development ordinance, mixed use developments look for opportunities to loosen up uses, trying to attract developers and business owners to the Town, livestock, farms and nurseries are not appropriate in a mixed use development, wanting what is best for the residents, not for developers and there is no requirement to have mixed use.
There being no other persons desiring to be heard, public hearing was declared closed.
On motion of Vice President Rodrigues, duly seconded, it was voted to adopt said ordinance on its second reading; All opposed; MOTION FAILED TO PASS.
22. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title VII Traffic Code, Chapter 70 General Provisions, Section 70.99 Penalties (D) Parking Violations.
On motion of Vice President Rodrigues, duly seconded, to receive said ordinance on its first reading.
Discussion centered around the fees for parking fines, fines are pay-by-mail and parking along the guardrail on Purgatory Road.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
23. Communication of Council President Sylvia, re: Additional Support for the Martin Luther King Center.
On motion of Vice President Rodrigues, duly seconded, to receive said communication.
Council President Sylvia reviewed the communication above.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to authorize $10,000. to be appropriated from the General Fund.
24. Communication of Councillor Turano, re: Middletown Department for further education and community services. (Explore option to establish a new department to offer additional education and services for students and young families.)
On motion of Vice President Rodrigues, duly seconded, to receive said communication.
Councillor Turano reviewed the memorandum above.
Discussion centered around the School Department’s Beyond the Bell Program, Cumberland created a new department when the program began, engaging the School Committee to support this program and funding for the department.
At vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
On motion of Councillor Turano, duly seconded, it was voted to add this department to upcoming year’s budget for consideration.
Discussion centered around if this would supplement the School Department, if this department would join forces with the Middletown Prevention Coalition, where funding would be allocated from and if there are plans to work with the School Department.
A vote was taken at this time.
On motion of Councillor Turano, duly seconded, it was voted to add a department for further education community services to the upcoming year’s budget for consideration; Council President Sylvia, Councillor Flynn, Councillor Turano, Councillor VonVillas, Councillor Welch voted YES; Vice President Rodrigues and Councillor Santos voted NO to said motion.
No Council President Sylvia, Vice President Rodrigues and Councillor Santos
25. At the requests of Council President Sylvia, Memorandum of Councillor Flynn, re: Housing Opportunities.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above.
Lawrence Frank, 8 O’Donnell Road, addressed the Council noting that the real problem is Affordable housing in Middletown. Mr. Frank explained that the committee should address the most disadvantaged in the Town.
On motion of Councillor Flynn, duly seconded, to establish a Middletown Affordable Housing Committee.
Discussion centered around the concern that the committee does not have a timeline, the committee maybe be overlapping the Senior Housing Committee charge/tasks and the committees may combine or overlap.
A vote was taken at this time.
On motion of Councillor Flynn, duly seconded, it was voted to establish a Middletown Affordable Housing Committee; Vice President Rodrigues voted NO to said motion.
26. Executive Order 2021-02 Extension of State of Emergency in Middletown through and including April 19, 2021.
27. (Continued from the February 25, 2021, Special Meeting)
Memorandum of Town Planner, re: Response to Request for Information (RFI) for West Main/Coddington Development.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above.
Christopher Bicho, 96 Diane Avenue, Owner of the Landings, addressed the Council explaining he has worked on this project for the past 6 to 7 years. Mr. Bicho noted he is an abutter and has a large water easement to his parcel. Mr. Bicho explained this property presents a tremendous opportunity to the Town for community facilities and a tax base at no cost to the taxpayers.
Discussion centered around the traffic in the area, who would pay for the new library, there was only one bidder for this project, this project could be a long-term revenue for the Town and if the City of Newport would collaborate with the Town on project types.
Lawrence Frank, 8 O’Donnell Road, addressed the Council noting that this is a tremendous opportunity and inquired why there was only one bid for the project.
Roby Faria, 9 Cardoza Terrace, addressed the Council supporting open space and suggesting the Town keep the area for residents for a walking path and work with Newport on a bike path.
On motion of Council President Sylvia, duly seconded, to authorize the Town Administration to enter into further discussion about the West Main Road/Coddington site with the Landings Real Estate Group, to include but not limited to investigating a conceptual development plan, developing proforma financial statements, evaluating infrastructure needs and identifying barriers to redevelopment, with the understanding that this action does not obligate the Town to develop the property or select a development partner.
Discussion centered around the Newport North End project and the effect on Middletown, that there is no commitment with the RFI and the RFI is to receive information and further discussion regarding the West Main Road/Coddington site.
A vote was taken at this time.
On motion of Council President Sylvia, duly seconded, it was voted to authorize the Town Administration to enter into further discussion about the West Main Road/Coddington site with the Landings Real Estate Group, to include but not limited to investigating a conceptual development plan, developing proforma financial statements, evaluating infrastructure needs and identifying barriers to redevelopment, with the understanding that this action does not obligate the Town to develop the property or select a development partner; Council President Sylvia, Councillor VonVillas and Councillor Welch voted YES; Vice President Rodrigues, Councillor Flynn, Councillor Santos and Councillor Turano voted NO to said motion; MOTION FAILED TO PASS.
28. Memorandum of Town Planner, re: Atlantic Beach District Utilities Undergrounding Revised Cost Estimates.
29. Memorandum of Finance Director, re: Financial Report – Seven Months Ended January 31, 2021.
30. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: Town Pension Plan Actuarial Valuation Report – June 30, 2020.
31. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Town OPEB Actuarial Valuation Report – June 30, 2020.
32. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: 2021 Contract Extension: MIDD-017-021 Portable Toilets.
33. Resolution of the Council, re: Award of 2021 Contract Extension: MIDD-017-021 Portable Toilets.
34. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: Establishment of the Library Community Garden Special Revenue Fund.
35. Resolution of the Council, re: Establishment of a Library Community Garden Special Revenue Fund.
36. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
37. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
38. Memorandum of Finance Director, thru Town Administrator, re: Refunding 2011 General Obligation Bonds.
39. Resolution of the Council, re: Refunding 2011 General Obligations Bonds.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:25 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri