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 Thursday, March 18, 2021 at 6:00 P.M.
Vice President Paul M. Rodrigues, Presiding
Councillor Terri Flynn
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas
Councillor Thomas P. Welch, III, Members Present
Council President Robert J. Sylvia, Absent
Members and Participants Present by Teleconference and Webinar/Meeting.
ALL ITEMS ON THIS AGENDA ARE SCHEDULED FOR MARCH 15, 2021. THIS MEETING WILL BE HELD TO ADDRESS ITEMS THAT WERE NOT COMPLETED ON MARCH 15, 2021.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – MARCH 10, 2021
SPECIAL MEETING – MARCH 18, 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 special meeting to be held on Thursday, March 18, 2021 at 6:00 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: 889 3274 1267 ; or on the web at https://us02web.zoom.us/j/88932741267
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)
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.
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.
3. Memorandum of Councillor Flynn, re: Senior Housing Proposal Information Platforms.
4. Memorandum of Finance Director, thru Town Administrator, re: Senior Affordable Housing – Change order for RI Housing application and manage bid process.
5. Resolution of the Council, re: Senior Affordable Housing – Change order for RI Housing application and manage bid process.
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)
7. Memorandum of Town Administrator, re: Town Business Updates.
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.
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.)
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)
11. License of Burial, re: Valerie Cavanagh - Section 56, Graves 24 & 25.
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)
13. Application of David Haag dba Checkers Pizza, 879 West Main Road for a Victualling House License for the 2020-2021 licensing year. (NEW)
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.
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.
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.
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)
18. Communication of Zoe Pagliaro, Sustainably Coordinator, Clean Ocean Access, re: Clean Ocean Access 2020 Updates.
19. Communication of Brad Read, Executive Director Sail Newport, re: Request for Civic Support.
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)
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)
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.
23. Communication of Council President Sylvia, re: Additional Support for the Martin Luther King Center.
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.)
25. At the requests of Council President Sylvia, Memorandum of Councillor Flynn, re: Housing Opportunities.
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.
Vice President Paul M. Rodrigues read the following letter of resignation of Council President Robert J. Sylvia into the record.
Town of Middletown Rhode Island
Town Council President - Robert J. Sylvia
15 Algonquin Drive, Middletown, RI 02842
FROM: Council President - Robert J. Sylvia
DATE: March 18, 2021
TO: Wendy Marshall – Town Clerk
SUBJECT: Resignation
Dear Ms. Wendy Marshall – Town Clerk:
It is with regret, and for personal reasons, that I am reluctantly writing to inform you of my decision to resign my elected position as a member of the Middletown Town Council, effective immediately.
I have proudly served the Town of Middletown for more than 13 years as a member of the Council, and the last 7 years as the Council President. Prior to that I served 6 years as the Chair of the Personnel Committee. During these 19 years, I have worked alongside amazing people — Town Administrator Shawn Brown and his staff, council members, our solicitors, district and school leaders, business owners, volunteers, faith groups and friends and neighbors — all working to make our community a better place to live, work and play. I would like to especially recognize you Ms. Marshall, and your Deputy Clerk Karen Clancy. You both are to be commended for your tireless dedication to our Town, which I personally thank you for.
Lastly, I want to thank my wife for standing by my side during this endeavor and being the person, I could always depend on. This I know has been a long road for her as well.
Respectfully
Robert J. Sylvia – Council President
Vice President Paul M. Rodrigues noted that Bob is a great colleague and leader, mentor, and friend, explaining Mr. Sylvia provided leadership, experience, knowledge, and history of this great town. Vice President Rodrigues stated Bob will be missed. Mr. Rodrigues explained that Mr. Sylvia had great many contributions over thirteen years as a Town Councillor and seven years as President of the Town Council, explaining he has put this Town in a great position, always having Middletown’s best interest in mind. Mr. Rodrigues thanked Mr. Sylvia for his service and devotion to the Town.
Councillor Turano noted that Mr. Sylvia has done a lot for the community and will be missed. Mr. Turano thanked Bob for his help and leadership to the Town.
Councillor Santos thanked Mr. Sylvia for all he did for the Town.
28. Memorandum of Town Planner, re: Atlantic Beach District Utilities Undergrounding Revised Cost Estimates.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the process regarding the Atlantic Beach District utilities.
Town Planner Ronald Wolanski addressed the Council reviewing the memorandum above.
Discussion centered around working with National Grid to contact all the property owners in the Atlantic Beach District area, the only way the project can be complete is if 100% of the property owners buy into the project, cost of the project, where funding can be sought from, the amount of money in the TIF, if TIF can be used for other projects, easements in the area for the project, RIDOT Street Scape project and if the decision is critical at this point.
Kathleen Silveira, 52 Center Avenue, addressed the Council noting an issue with National Grid not notifying abutters of work in her area of Town.
On motion of Councillor Flynn, duly seconded, to continue this item to the June 21, 2021, Regular Meeting of the Council.
Leon Amarant, 60 Island Drive, addressed the Council noting that he would be disappointed if the project did not happen. Mr. Amarant suggested the Town explore grant funding for the project.
A vote was taken at this time.
On motion of Councillor Flynn, duly seconded, it was voted unanimously, to continue this item to the June 21, 2021, Regular Meeting of the Council.
29. Memorandum of Finance Director, re: Financial Report – Seven Months Ended January 31, 2021.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the following slide:
30. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: Town Pension Plan Actuarial Valuation Report – June 30, 2020.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the memorandum above.
31. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Town OPEB Actuarial Valuation Report – June 30, 2020.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the memorandum above.
32. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: 2021 Contract Extension: MIDD-017-021 Portable Toilets.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Finance Director Marc Tanguay reviewed the memorandum above.
33. Resolution of the Council, re: Award of 2021 Contract Extension: MIDD-017-021 Portable Toilets.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
34. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: Establishment of the Library Community Garden Special Revenue Fund.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
35. Resolution of the Council, re: Establishment of a Library Community Garden Special Revenue Fund.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
36. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
37. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
38. Memorandum of Finance Director, thru Town Administrator, re: Refunding 2011 General Obligation Bonds.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown and Finance Director Marc Tanguay reviewed the memorandum above.
39. Resolution of the Council, re: Refunding 2011 General Obligations Bonds.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 7:18 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri