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, November 1, 2021, at 5:00 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 OCTOBER 27, 2021
REGULAR MEETING NOVEMBER 1, 2021
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, November 1, 2021, 5:00 P.M. - Update MPS Building Committee; Immediately following will be the Presentation Middletown Community Assessment; 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.
1. Communication of Charlie Roberts, Co-Chair, MPS Building Committee, re: Update of Phase II of RIDE’s Necessity of School Construction funding program.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and begin update.
Present to answer Council inquiries were Charlie Roberts, Co-chair, MPS Building Committee, Architect Douglas L. Brown Senior Principal of DBVW and Owner’s Project Manager Holley Demers Sawyer.
Discussion centered around the Stage I submission, Stage II submission (Educational Needs), the age of the School Buildings, the buildings being brought to the 21st Century learning needs, plans must be approved by RIDE to receive full funding, the architects have met with the School Principals, Town Council is required to approve potential upgrades to the Schools, extending the deadline for commencement of construction if the bond passes, deadline of Phase II submission, list of deficiencies which include priorities that are not a safety issue, enabling legislation is required for the bond question to be placed on the ballot, deadline to submit the bond question for the November 2022 ballot, reimbursement by RIDE for construction costs, cost analysis for the project and community meetings to support the potential School Bond question.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to prepare a letter of support to extend the project commencement date from December 2022 to December 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 6:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 6:11 p.m.
2. Presentation by Maryclaire Knight, Knight Consulting, LLC, re: Knight Report on Middletown Community Assessment.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said report and begin presentation.
Maryclaire Knight, Knight Consulting, LLC, reviewed a PowerPoint presentation “Middletown Needs Assessment”, which is on file in the Office of the Town Clerk.
Discussion centered around the number of parents interviewed for the report, the number of service/resources currently available to the Schools and Children, there are a high level of services available just not in the location parents need them to be, the need to identify what areas of service are needed verses what services are being provided, addressing community needs with the assistance of non-profit partners, addressing the homeless and food poor issue in the Town, addressing a more academic perspective and inquiring the needs of the Teachers.
3. 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.
4. Memorandum of Human Resources Manager, re: Teamsters Contract Extension.
On motion of Vice President Welch, duly seconded, to receive said memorandum and ratify the Teamsters Contract Extension.
Town Administrator Shawn Brown reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and ratify the Teamsters Contract Extension.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
5. (Public Hearing Advertised)
Applications received from the following named persons, firms, or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2021-2022 licensing year. (See attached list)
Public Hearing was declared open.
There being no other persons present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Santos requested that item #6 be heard under the regular portion of the agenda.
Councillor Flynn requested that items #6 through #9 and #14 be heard under the regular portion of the agenda.
6. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
Councillor Santos inquired about the abatement for 2nd Street Construction.
Town Administrator Shawn Brown, responding to Councillor Santos, explained that the property went from being categorized as duplexes to condominiums in the tax system, and the duplexes were not deactivated from the tax rolls.
Councillor Flynn noted the following:
I was very torn about whether to pull numbers 6 through 9 and have decided to pull them because I am simply not comfortable with anything financial in consent. For those that don’t know, Consent is one motion to approve however many items are listed in that category. Mostly they are items that require no discussion; they are housekeeping items that require a vote.
I know these financial transactions were put on the Consent list to save time, but these transactions take about a whole minute to process. The downside of them being in Consent is that it could give the appearance of “pushing” financial matters through without the public noticing. Just the appearance – but perception is reality.
I know often the transactions are administrative and, to be honest, immaterial, maybe a few hundred dollars – or less, but it isn’t Council’s money, it’s the taxpayers’ money and for transparency purposes, I feel strongly that all financial transactions should be part of the regular agenda.
Council President Rodrigues explained that he directed the Clerk to put the items on the consent portion of the agenda, due to the number of items that need to be addressed at this meeting.
7. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
8. Communication of Tax Assessor and Finance Director, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
9. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
10. Applications received from the following named persons, firms, or corporations for RENEWAL of Victualling House Licenses, for the 2021-2022 licensing year. (See attached list)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Victualling House License renewals.
11. Transfer of Burial Lot, re: Sherry Fortin to Sherry Fortin and Jeffrey Fortin – Grave No. 393, Section 16.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Transfer of Burial License.
12. Amended License of Burial Lots, re: Raymond J. Perry – Graves 6A & 6B, Section 38.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Amended License of Burial.
13. License of Burial Lots, re: Rayond J. Perry – Graves 6E & 6F, Section 38.
14. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Recommended Zoning Ordinance amendments regarding Mixed-use Development Projects, Article 27A. (Requires advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, to receive said memorandum and advertise for a future public hearing.
Councillor Flynn requested that the following be advertised with the proposed amendments to Article 27A:
Discussion centered around that in each advertisement for public hearing there is a reference to where the entire ordinance can be viewed online or in the Office of the Town Clerk, the Town Clerk will get a price for advertising with Councillor Flynn’s request and for the proposed amendment only.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.
15. Application of Alyson Rego, Warren, for a Tattoo License for the 2021-2022 Licensing year to be used at Secret Beach Tattoo, LLC dba Secret Beach Tattoo, 146 Aquidneck Avenue. (NEW)
On motion of Vice President Welch, duly seconded, to grant said license.
John Bagwill, Middletown, noted objection to the proposed Tattoo license, due to the location of establishment in the Atlantic Beach District Overlay. Mr. Bagwill suggested placing restrictions on signage if the license is granted.
Town Solicitor Peter B. Regan noted the Special Use Permit for the applicant was granted unanimously by the Zoning Board of Review.
John Parillo, Middletown, addressed the Council noting he had just found out about the proposed tattoo parlor, explaining he feels the establishment is not a family friendly business for the area.
Paul Croce, Middletown, inquired if a member of the Zoning Board could call for a reconsideration.
Town Solicitor Peter B. Regan, responding to Mr. Croce, noted a zoning member could ask for reconsideration.
Discussion centered around the location of the tattoo parlor in the Atlantic Beach District Overlay area, an abutter of the business could appeal the zoning board decision in Superior Court, and the previous tattoo license in the area was granted to a business as an accessory use.
Alyson Rego, Warren, Rhode Island, owner Secret Beach Tattoo, addressed the Council explaining she has been a licensed tattoo artist for 15 years, she does a lot of work for healing services and cancer survivors. Ms. Rego noted she is looking forward to being a positive part of the community.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
16. Application for Special Event Permit from the Newport County YMCA for the 36th Annual Pie Run, 5 Mile Road Race, 3-mile run/walk to be held on Thursday, November 25, 2021, at 8:30 am beginning and ending at the Newport County YMCA, 792 Valley Road.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Councillor Flynn inquired where participants would be parking, due to the construction currently at the YMCA.
Robert Silva, Attorney for the YMCA, Middletown, addressed the Council noting there are additional parking lots available, as well as the industrial park areas to park for the event.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
Council President Rodrigues recused himself from acting on item #17, due to a possible conflict of interest.
17. (Continued from the October 18, 2021, Regular Meeting)
Communication of Attorney Jeremiah C. Lynch, III, on behalf of Forest Farm Assisted Living Limited Partnership, re: Requesting the Town to discharge a mortgage deed securing a Community Development Block Grant.
On motion of Councillor Santos, duly seconded, to receive said communication.
Attorney Jeremiah C. Lynch, III, reviewed the memorandum above, noting that Forest Farm Assisted Living is in the process of refinancing and in order to proceed a discharge for a mortgage deed from the Town must be filed.
Town Administrator Shawn Brown explained the monies originated from the Community Development Block Grant which were passed through the Town to Forest Farm Assisted Living.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
On motion of Councillor Santos, duly seconded, it was voted unanimously to discharge said mortgage deed which was secured through a Community Development Block Grant.
Council President Rodrigues returned to the dais.
18. Communication of Betsy Akin, Vice President, Development, Child & Family, re: Appreciation of support and requesting change for funding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Landsdale Patterson, representing Child & Family Services, addressed the Council reviewing the communication above, explaining the original request for funding has changed due to COVID. Ms. Patterson noted the funding would be used for clients for food and clothing, etc.
Town Administrator Shawn Brown noted the request is a change of purpose for the funding, which the applicant has received.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve request to allocate civic support funding for other needs.
19. (Public Hearing Advertised)
Applications received from the following named persons, firms, or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2021-2022 licensing year. (See attached list)
Public Hearing was declared open.
There being no persons present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
20. (Public Hearing Advertised)
Town of Middletown – American Recovery Act – Project Priorities.
· Memorandum of Charlene A. Rose-Cirillo, Chairman, Middletown Beach Commission, re: Recommendation for Use of Covid-19 Relief Funds.
· Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: American Rescue Plan Act (ARPA) – Project Suggestion.
Public Hearing was declared open.
Finance Director Marc Tanguay reviewed the timeline and slides entered below:
Discussion centered around the public can submit ideas for use of the COVID funds, the 2nd public hearing date for the American Recovery Act funds can be moved to the Regular Council meeting January 3, 2022, ideas can be submitted online or in person, use of the monies must be COVID related, and if monies can be used to address loss of income at the beaches.
Council Flynn reviewed the following eligible uses of the American Recovery Act funds:
Lori Verderosa, Middletown Prevention Coordinator, inquired the criteria to file for funding.
John Bagwill, Middletown, reviewed the following:
PROPOSALS RE EXPENDING FUNDS ($4.7 MILLION) RECEIVED BY MIDDLETOWN
TO ADDRESS IMPACTS OF COVID-19 PANDEMIC
. Work that benefits public health, reverses negative economic benefits, helps those disproportionately impacted by Covid-19, improves infrastructure, and replaces lost revenue.
. Source of these funds: these are dollars the federal government has borrowed – these funds have increased our national debt – a debt that we, our children, grandchildren, etc. will be dealing with for perhaps generations. We should be vigilant and not allocate any of these funds to some special, nice-to-have projects. This might be OK, if some generous soul had given these funds to Middletown!
A. Helps those disproportionately impacted by Covid-19.
. School Children. Middletown is responsible for educating hundreds of children whose traditional schooling was interrupted by Covid-19. These include children (some of whom may not speak English) arriving from other countries that need to be brought up to grade level. The District has received federal funds to support tutoring, etc. – but I understand that these funds will “run out” in two years.
B. Replaces lost revenue.
. The major drop in hotel and restaurant revenues in 2020 and 2021 must have resulted in a drop in tax revenue to the Town. I don’t recall that this year’s budget prompted any reduction in services to reflect the lower revenue.
. Determine the amount of revenue lost and allocate this amount to the
FY 2023 budget.
C. Reverse negative economic impacts of Covid-19.
. Many families and businesses in Town felt the negative impacts of Covid-19 – some more than others. Identifying the degree of pain and who has been impacted would be impossible. But the Town could act to relieve the economic burden that impacts all families and businesses by applying the balance of the funds to reduce the Town’s bonded debt – a gesture that would be more than symbolic – but would help all families and businesses.
John Bagwill – October 28, 2021
Paul Croce, Planning Board Chair, reviewed the following memorandum entered here:
Nate Levin Aspenson, representing Newport County Community Mental Health, addressed the Council requesting American Recovery Act funding from the Town to complete renovations at their facility on Valley Road. Mr. Levin Aspenson noted the clinic on Valley Road is Newport County Mental Health’s primary care clinic and additional space is needed to see patients.
Council President Rodrigues noted the second public hearing will be held at the Regular meeting of the Town Council January 3, 2022.
Ray Fragola, Middletown, inquired where on the website submission for ideas can be made.
Councillor Flynn, responding to Mr. Fragola, explained how to submit ideas for the American Recovery Act – Project Priorities.
There being no other persons desiring to be heard, public hearing was declared closed.
Vice President Welch announced the next Public Hearing for ARPA will be held on January 3, 2022.
21. (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 amending Article 27B – Outdoor Lighting.
Public Hearing was declared open.
Principal Planner Rita Lavoie was present to answer Council questions.
Town Solicitor Peter B. Regan noted the change to the ordinance, which exempts single- and two-family homes.
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.
22. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title VII Traffic Code, Chapter 71, Traffic Regulations, is amended by adding a new Section 72.10 Commercial Vehicles Prohibited on Chases Lane.
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Councillor Logan inquired if the businesses in the area were notified.
Town Administrator Shawn Brown noted he requested the Building Official to notify the businesses in the area and will follow up.
Town Solicitor Peter B. Regan noted signage will also be placed in the area.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
Town Solicitor Peter B. Regan recused himself from acting on the following item of business #23, due to a possible conflict of interest.
Councillor Flynn recused herself from acting on the following item of business #23, due to a possible conflict of interest.
Councillor Turano recused himself from acting on the following item of business #23, due
to a possible conflict of interest.
Attorney Marissa Desautel was present to represent the Town on the following item.
23. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title IX General Regulations, Chapter 98 Short-Term Residential Leases.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Debra Fragola, Middletown, reviewed the following communication below:
Dear Council,
On behalf of STROM, I would like to provide suggestions on Agenda Item #23, the public hearing for the short-term rental ordinance changes. The suggestions/requests below are collectively from STROM. STROM would like to ensure these suggestions are documented, considered, and discussed in tonight's public forum.
Suggestions/Requests
Thank you for your consideration.
Leon Amarant
STROM
Discussion centered around if there is any liability to the requirement of posting the lease in the Short-Term Rental and if it is necessary to do so.
John Bagwill, Middletown, thanked Councillor VonVillas and the Subcommittee for their efforts with the ordinance.
Rachel Cocroft, Newport, noted an article in the New York Times which stated that landlords can make more money with short term rentals than long term rentals.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
Town Solicitor Peter B. Regan returned.
Councillor Flynn and Councillor Turano returned to the meeting.
24. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title V Public Works, Chapter 50 Garbage and Refuse.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Town Administrator Shawn Brown noted the change to the ordinance was generated from the Short-Term Rental Subcommittee.
Ray Fragola, Middletown, addressed the Council noting the times to put trash bins out and bring them in that are specified in the ordinance are unfair and discourages people from using the Pay As You Throw Program.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
ADDENDUM TO TOWN COUNCIL AGENDA
ADDING ITEM #24A
POSTED – OCTOBER 27, 2021
REGULAR MEETING – NOVEMBER 1, 2021
24A. Continued from the October 18, 2021, Regular Meeting. Communication of Councillor Turano, re: Requesting to discuss the next steps for the Middletown Outreach Program.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano reviewed the communication above and a power point presentation, which is on file in the Office of the Town Clerk.
Discussion centered around that the ILO group is assisting other communities in Rhode Island with similar programs, the need to address the learning gap, the need for the Town to define a Community Outreach program, transportation is a key issue for after school programs, the need to develop a proposed program plan for the Community Outreach Department, and engaging a consultant to develop a plan for the department to include a mission, vision, and function.
On motion of Councillor Logan, duly seconded, it was voted unanimously to engage the ILO group to define how the department should be laid out, to include a mission, vision, values, and charter for the department.
25. Memorandum of Councillor Flynn, re; National Grid – Old Mill Lane Liquefied Natural Gas (LNG) Operation.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the following entered below:
#25
As the docket memo states, this is a request for council discussion for a short and easy to understand report of public knowledge on the National Grid LNG operation on Old Mill Lane.
A little over a year ago, council approved hiring an attorney on this issue. On the Middletown Shares page, there are now 9 documents and 1 video link. The documents range from 1 page to 138-pages. Residents are not familiar with the process and do not understand these lengthy legalese documents. They are concerned about the activity being close to their homes or businesses, and the impact on their quality of life and their property values.
The red area on the screen is the evacuation area in the event of an incident at the site. Statistically, it’s reported, that the probability of a complete & instantaneous release is 5 in 10 million per year. But what about a partial release? What about an LNG truck going off the road or getting disabled on the way to the site? What about the ongoing noise, the smells, the light pollution? We have all heard these things in public meetings.
To service the public with information, The motion for council discussion is, “to schedule Marisa Desautel, Esquire, or other knowledgeable person, for a short, easy to understand report of National Grid’s LNG Old Mill Lane facility, to encompass both what has occurred in the open public meetings and what the public documents mean, both in laypersons’ terms.”
Town Solicitor Peter B. Regan noted the need to proceed with caution, due to pending litigation. Mr. Regan explained that National Grid will be making a presentation at the Regular meeting of the Council November 15th to present what they are seeking.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to schedule Marisa Desautel, Esquire, or other knowledgeable person, for a short, easy to understand report of National Grid’s LNG Old Mill Lane facility, to encompass both what has occurred in the open public meetings and what the public documents mean, both in laypersons’ terms.
26. Memorandum of Council President Rodrigues, re: Inclusionary Zoning.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues reviewed the following handout entered here:
Principal Planner Rita Lavoie noted the provisions allow for the Town to adopt an ordinance for inclusionary zoning, suggesting the Planning Board can review the request.
Councillor Flynn noted the following:
On motion of Vice President Welch, duly seconded, it was voted unanimously to refer this matter to the Planning Board for review and recommendation.
27. Memorandum of Councillor Flynn, re: Public Engagement – West Main/Coddington.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the following:
#27
The first question for my colleagues to consider is: Do YOU think the residents of Middletown believe that the West Main/Coddington project is a town wide issue that impacts them all?
Public participation is critical for good, and great, governance. Concern of public participation taking up too much time is misplaced. Let’s talk data points of town issues that occurred this year, in 2021.
First. Senior Housing. The Senior Housing Committees met for over two years. They successfully came up with a plan of action. Just when the council was ready to commit to final plans, professionals & application requirements, thankfully, residents stepped forward – with basic questions & issues that had not been fully addressed. The project is now back in committee for review. The second example is the Atlantic Beach Overlay Ordinance. Fourteen years of Planning Board and Town Council workshops, meetings, and Public Hearings. At the first reading of the ordinance, one person reported that some people were not given adequate notice or information. The ordinance went back to the Planning Board for a repeat performance by both citizens and the Planning Board volunteers.
These two examples show that it has actually been the public getting involved in the issue LAST, OR LATE, IN THE PROCESS that has taken additional time. Concern of Public participation taking up too much time: it’s a myth. Proper and complete outreach for public engagement actually saves time and allows for best decision making. This premise seems to be supported by the public engagement strategy for Middletown’s American Rescue Plan Act. Therefore, the second question for my colleagues to consider is: Does this council agree that engaging the public FIRST will lead to best decision-making, avoid time-consuming repeat meetings & assure the Middletown community is excited about & supports this project? It certainly is up to the council.
For discussion, I will look for a second to the motion “to execute a public engagement strategy regarding the West Main/Coddington project to include all methodologies in the Oct 26th docket item memo, as is possible.“
On motion of Councillor Flynn, to execute a public engagement strategy regarding the West Main/Coddington project to include all methodologies in the Oct 26th docket item memo, as is possible.
Discussion centered around the memorandum of understanding is in process and is currently being reviewed by the developers and the Town, part of the process is public engagement, the language in the memorandum of understanding includes a public component, the need for the developers and town to reach a shared vision for the area, a timeline for the project, and the proposal will have to come back to the Town Council for final approval before proceeding.
Councillor Flynn withdrew the motion above.
28. Response by the Town Administrator to Councillor Flynn, re: Residential Tiered Tax Proposal Discussion.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said response.
Town Administrator Shawn Brown reviewed a PowerPoint presentation- Residential Tiered Tax Proposal Discussion which is on file in the Office of the Town Clerk.
Discussion centered around changing tax rates for residents vs non-residents, the proposal helps year-round full-time residents, state legislation would be needed for a tiered tax, and the consensus of the Council was to have the Town Solicitor draft a tiered tax ordinance for consideration.
29. Memorandum of Town Administrator, re: Appointment of Acting Town Engineer November – December 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and appoint Steve Cabral as Acting Town Engineer for November – December 2021.
30. Memorandum of Town Engineer, re: Pickleball Courts and Improvements at Linden Park, plans and cost estimate.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Town Engineer Warren Hall was present to answer Council questions.
Discussion centered around the scope of work at Linden Park and what options there are, improving the entire park including the playground, the need for neighborhood input regarding the improvements at Linden Park, adding a multi-purpose field and bathrooms to Linden Park, improvements to the Park can be done in phases, repairing the parking lot and drainage, grant funding for the project, and notifying the neighbors and advertising for a public hearing on the proposed project.
Rachel Cocroft, Newport, addressed the Council asking if the project for pickleball courts would be going forward.
Council President Rodrigues noted the need to notify the neighbors and have a public hearing before the project goes forward.
Jane Thomas, Middletown, noted the popularity of Pickleball as a recreational sport, explaining she does not understand where the elaborate plan for the park came from. Ms. Thomas asked the Council to consider the importance of how much it means to the participants to play pickleball.
Council President Rodrigues noted the need to have the neighbors input and a public meeting will be held at the Regular meeting of the Council Monday, December 6, 2022.
31. Communication of Town Clerk and Accounts Payable Clerk, re: Request Town Council to match employee donations for adopting a family.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize $600.00 from the Council President’s Discretionary Fund.
32. Memorandum of Finance Director, re; Financial Report – Three Months Ended September 30, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
33. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 09/30/2021 – Town of Middletown.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and report.
Councillor Flynn inquired about item #3 (second black bullet) “Exemption granted by Town Council applied to tax billing totaled $7,889,707 saving business over $130,000 in taxes for the fiscal year”.
Finance Director Marc Tanguay, responding to Councillor Flynn, noted it is part of Town Exemption Program.
34. Adoption of Council Rules.
Councillor Flynn noted the following:
I would like to thank my fellow councilors for the effort to not only make the Rules of the council verbiage simpler and clearer, but also for making them more consistent with replacing the word “Chairperson” with “President,” the term “Council Clerk” with “Town Clerk.” It was a long overdue exercise & everyone’s participation is appreciated.
Unfortunately, I will not support adoption of the rules with Rule 34 as written, due to the unnecessarily excessive procedures that it lays out and burdens the Town Clerk’s office with. It has been repeatedly pointed out in the council meeting recordings of June 15, 2020, August 17, 2020, Feb 16, 2021, and again tonight that this Rule only suppresses any Councilor’s ability to do their job well. The draconian nature of this rule is a stain on Middletown’s character & respectability. The only sentences of merit are the last two and the only ones I would support in Rules of the Council.
On motion of Vice President Welch, duly seconded, it was voted to Adopt said Rules of the Council; Vice President Welch and Councillor Flynn voted NO to said motion.
35. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (1) Collective Bargaining (FOP), (2) Potential Litigation, (2) Potential Litigation and (5) Land Acquisition - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 10:38 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 11:29 p.m.
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 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 adjourn said meeting at 11:30 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri