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 15, 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 NOVEMBER 10, 2021
REGULAR MEETING NOVEMBER 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, November 15, 2021, 6:00 P.M. – Executive Session; Immediately following Executive Session - 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. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (3) Security, (5) Land Acquisition, (2) Potential Litigation, (1) Collective Bargaining (NEARI, Teamsters and Council 94) and (1) Collective Bargaining (FOP) - 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 6:02 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 7:19 p.m.
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 Council President Rodrigues, duly seconded, it was voted unanimously to recess this meeting at 7:20 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 7:25 p.m.
2. Memorandum of MPC Director, thru Town Administrator, re: Islanders Committed Capacity Building Efforts and Plans for the School Year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to December 20, 2021, at the request of the MPC Director.
3. Brian Schuster, Representing National Grid, re: Aquidneck Island Review – Long-Term Solution Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update.
Brian Schuster, Representing National Grid, presented a PowerPoint presentation, which is on file in the Office of the Town Clerk.
Discussion centered around the tank farm would have been a better solution for the facility not a neighborhood, the gas pipes do not belong to National Grid, National Grid is focusing on the project being cost effective, the Town Council’s concern is the residents, safety of the residents, National Grid has contacted the direct abutters of the facility and National Grid will continue to be transparent.
4. Memorandum of Town Administrator, re: Notice of Hearing EFSB Docket SB-2021-04.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Solicitor Peter B. Regan addressed the Council, noting for the benefit of the Town’s residents, the solicitor’s office was asked to provide, in layman’s terms, a brief report on the proposed expansion of National Grid’s LNG operation on Old Mill Lane, and what the process will be going forward at the Energy Facility Siting Board (EFSB).
The Old Mill Lane LNG facility was used during the winter of 2019 and each winter since to provide additional capacity to the island during the winter months.
The first was a Petition for Waiver of Extension, requesting a one-year extension to the waiver issued by the EFSB in January 2020 that allowed National Grid to temporarily operate the LNG facility at Old Mill Lane without a full license.
The second was an application seeking what might be described as an “interim” license to continue operating the LNG facility on Old Mill Lane each winter for an unspecified period of time after the 2021/2022 winter.
In that application, National Grid proposed to use the Old Mill Lane facility each winter until a long-term solution to the Island’s gas supply was identified, permitted, and placed into service.
The Town Moved to Intervene in the case, since even though the facility is located in Portsmouth, it impacts Middletown residents. The request was approved by the EFSB. That means, that the Town can participate in the proceedings as a full party with the ability to submit evidence, expert testimony, and to cross examine the other parties’ witnesses.
The Town also objected to National Grid’s requests. Essentially, it was the Town’s position that use of Old Mill Lane should not be extended indefinitely; and the National Grid should be required to identify a long-term solution to the problem before any extension was granted.
The EFSB then issued a decision requiring National Grid to submit a supplemental application by April 4, 2022, which would include among other things:
· The final proposed long-term solution for addressing the problem of the Island’s gas supply.
· A comprehensive evaluation and analysis of what would be necessary to address the long-term capacity issue on the island, including energy efficiency, demand response, and electrification conversions.
· That decision also required National Grid to file monthly reports on its progress.
On October 1, 2021, National Grid filed their first monthly report and identified the continued operation of the Old Mill Lane facility as its recommended long-term solution for addressing the supply issues on the island. So, as you heard tonight, National Grid’s plan is to operate Old Mill Lane on an essentially permanent basis.
The Town Council has made it clear, they oppose the continued operation of the Old Mill Lane facility as the long-term solution to the supply problem. The Town has retained Attorney Marisa Desautel to represent the Town in opposing any application for the long-term use of the Old Mill Lane facility.
From a procedural standpoint, National Grid is required to file its supplemental application by April 4, 2022, after which we expect it may take a number of months – probably 4 to 6 months – for the EFSB to review the matter and issue a decision. We would expect the decision sometime before next winter, prior to the next heating season.
In the meantime, EFSB will hold a hearing Thursday, November 18, 2021 at 1:00 pm at 89 Jefferson Blvd., in Warwick. The purpose of the hearing is for the Board to hear testimony and oral argument on noise and safety impacts associated with operation of the Liquified Natural Gas (LNG) Vaporization Facility at the Old Mill Lane this winter. The Board will not hear oral public comments at the hearing, but the public may submit written comments prior to November 18, 2021.
Information regarding the process is available on the Town Website.
Councillor Flynn recused herself from acting on the following item of business #5, due to a possible conflict of interest.
5. Memorandum of Town Administrator, re: Investigative Report on 34-38 Warren Avenue Tax Assessment.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Solicitor Peter B. Regan addressed the Council, noting the following:
Mr. President, I believe it’s appropriate to take a moment to recap the history of this matter. Back on April 5, 2021, during the Public Forum section of that night’s Town Council meeting, Middletown Resident Michael Cunningham presented a letter to the Town Council, which he read that evening, and which raised questions about why the tax assessment of the property owned by Councilwoman Flynn and her husband at 34 & 38 Warren Avenue in Middletown had not increased over several years, while other properties in the neighborhood had.
Following receipt of that letter, the Town Administrator complied and reviewed the available public records relating to the property’s tax assessment. That review also appeared to show a discrepancy in the property’s sewer assessment.
Based on the review of those documents, Mr. Brown and I suggested that the matter should be looked into further. We also suggested that since Ms. Flynn was a member of the Council, any investigation should not be conducted by us, but by someone independent of the Town.
The Council initially referred the matter to the Rhode Island State Police for review. The State Police found no evidence of criminal activity and as a result, referred the matter back to the Town.
The Council then retained Attorney Maria Deaton of Lynch & Pine, a former prosecutor in both Massachusetts and Rhode Island, to conduct an independent investigation. Ms. Deaton has prepared a report of her findings, which she is here to present to the Town Council tonight.
Lastly, I would like to point out that the Council made it clear on several occasions that once this investigation was complete, that the results would be made public. In keeping with that, the Council is receiving this report for the first time this evening in public.
Attorney Maria F. Deaton, Lynch & Pine Attorneys at Law, reviewed the following Report/Independent Investigation Re: Tax and Sewer Assessments 34 & 38 Warren Avenue, Middletown, RI, entered here:
Discussion centered around the internal processes within the Tax Assessor’s Office, closing permits within the Building Officials Office, Council President Rodrigues read the conclusions on page 6, the Building Official has thousands of open permits if permits can be flagged when a permit expires and supplemental tax bills.
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 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.
7. Approval of Minutes, re: Regular Meeting, October 18, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Proclamation of the Council, re: Middletown Stone Wall Recognition Day.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said proclamation.
9. Petition of National Grid & Verizon New England, Inc., re: proposing to relocate Pole 4 and install a new Pole 5 Vanicek Avenue in order to eliminate an aerial trespass over AP 106 Lot 68. (Roads and Utilities Advisory Committee approval on file)
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said petition, with conditions 1) Contractor or National Grid to verify location of 8” AC Water main prior to start and 2) Contractor/National Grid to verify location of service and curb stop to house 45.
10. Petition of National Grid, re: Tuckerman Avenue – National Grid proposed to install solely owned pole 45-1 Tuckerman Avenue for the installation of a new service at house 515 Tuckerman Avenue. (Roads and Utilities Advisory Committee approval on file)
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said petition, National Grid may dig next to road maybe a conduit will be there – National Grid/owner should explore if there is an existing conduit first.
11. Petition of National Grid & Verizon New England, Inc., re: proposing to relocate Pole 2 Rosedale Ct, 12ft North of existing Pole for the resident in #5 to install a driveway. (Roads and Utilities Advisory Committee approval on file)
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said petition, Approval is for 15’ - The Roads & Utilities are requesting National Grid to go 15’, not 12’.
12. Applications received from the following named persons, firms, or corporations for RENEWAL of Victualling House Licenses, for the 2021-2022 licensing year:
· Fire and Water Concessions SB, Inc. dba Salty’s, Second Beach Concession
· Jim’s Pizza, LLC dba Piezonis, 876 West Main Road
· No Nonsense Nutrition dba Rhode Island Nutrition, 883 West Main Road
· Plant City X Newport, LLC dba Plan City X, 619 West Main Road
· Port Pizza, LLC dba Port Pizza, 559 West Main Road
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
13. Application for a Special Event Permit from Embrace Home Loans for the Embrace Home Loans Christmas Party to be held on December 4, 2021, 25 Enterprise Center from 2:00 pm to 6:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
14. Email communication Ed Burke, Shore Drive, re: Flooding on Shore Drive from run-off street water.
To Paul Rodrigues and other members of the Town Council
As residents and property owners on Shore Drive in Middletown, we request to be placed on the agenda for one of the Council meetings in December. Rainstorms have been our enemy for a long time, especially heavy rainstorms. The eight inches of rain on the night of September 1-2 resulted in flooded lawns and cellars on our street and damaged a seawall so severely that is has to be replaced.
There are no catch basins on the southerly side of the Esplanade. Heavy rainwater flows onto Shore Drive like a rive. Catch basins on Tuckerman Avenue are old, poorly maintained, and probably connected to pipes which are too small to handle lots of water sand which may be cracked or broken. Uncaptured Tuckerman Avenue water flows into may of our properties. This caused hundreds of thousands of dollars in property damage, reduction of property values, as well as leading to sleepless nights and enormous stress when weather forecast predicts large rainfall.
Some of us met with Town Administrator Shawn Brown on October 21. We were pleased to hear that the Town’s consulting engineering firm Crossman Engineering, is being brown in to make an assessment of the extend of the problem and hopefully to recommend short-term and long-term implementable solutions.
We want the Council members to re-enforce our concerns and to gain your support for whatever remediation is recommended.
Beneath our names and addressed are videos and photos that will give you a greater understanding of the continuing problem of Easton’s Point runoff flowing onto Shore Drive.
Larry Connell and family, 23 Shore Drive
The Burkes, One Shore Drive
The Antenuccis, 30 Shore Drive
Kathleen Connell, 11 Shore Drive
Joe Bua and family, 33 Shore Drive
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
Ed Burke, Middletown, addressed the Council reviewing an email sent to the Town Council explaining that there is a flooding issue in the Shore Drive area. When there is heavy rainfall, the rain has nowhere to go. We reached the point now we have sandbags ready if we are expecting heavy rain. The night of September 1st and 2nd the water was coming down the Esplanade and other parts onto Shore Drive, there is nothing to slow the water down, divert, absorb, or drain the water. There was a significant amount of water that flowed through our property. The water compromised the seawall, which had to be torn town and rebuilt. Mr. Burke is requesting the Council to work with the residents to remediate the issue. Ed Burke noted that he understands that the Town has engaged Crossman Engineering to assist the Town to assess the issue and come up with short-term and long-term solutions to the water issue in the area.
Town Administrator Shawn Brown updated the Council, noting that the Town has engaged Crossman Engineering to review the situation and offer suggestions to make improvements at Shore Drive and Colony Drive areas. Mr. Brown will return with an update at a future meeting.
Discussion centered around the Town has submitted a request for Tropical Storm Ida funds and Town Administrator Shawn Brown is the contact for the Shore Drive updates.
Larry Connell, Middletown, addressed the Council, representing 10 families and property owners. Mr. Connell explained he is soliciting help regarding the flooding on Shore Drive, noting over development in Easton’s Point is causing the flooding issue. Mr. Connell noted the infrastructure is not sufficient.
Discussion centered around federal monies, what infrastructure improvements the Town can make, the process for applying for federal funds has not been announced and diverting water down the connectors in the area.
15. Memorandum of Robert M. Silva, Chairman, Middletown Economic Development Advisory Committee, re: Atlantic Beach District utilities- request for National Grid assistance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Robert M. Silva, Chairman, Middletown Economic Development Advisory Committee, reviewed the memorandum above.
Discussion centered around the ideas in the memorandum (Proposal of Boardwalk), modification of telephone poles and electrical lines in the area, telephone poles in the middle of the sidewalk are a safety issue and the Town Council President executing a letter to National Grid requesting assistance with the Atlantic Beach District utilities.
On motion of Councillor Flynn, duly seconded, to forward the letter to National Grid as written by the Chairman of MEDAC and authorize the Town Council President to execute the letter.
Discussion centered around the telephone poles must be ADA compliant and sidewalks are property of the state.
A vote was taken.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to forward the letter to National Grid as written by the Chairman of MEDAC and authorize the Town Council President to execute the letter.
16. (Public Hearing Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
Public Hearing remains open.
There being no person’s present desiring to the heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
Councillor Flynn, Councillor Turano and Town Solicitor Peter B. Regan recused themselves from acting on the following item #17 of business, due to a possible conflict of interest.
Attorney Marisa Desautel was present representing the Town on item #17.
17. An Ordinance of the Town of Middletown (Second 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 adopt said ordinance on its second reading.
Councillor Logan requested to remove the requirement to post the lease from the ordinance. Mr. Logan suggested striking the language “rentals in Middletown have been the source of noise” from the ordinance.
Vice President Welch withdrew the motion to adopt said ordinance on its second reading.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to remove sections 98.01 (B), 98.01(C) and 98.01(D) from the ordinance.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to adopted said ordinance on its second reading, as amended.
18. An Ordinance of the Town of Middletown (Second 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, it was voted unanimously to adopt said ordinance on its second reading.
19. Memorandum of Councillor Flynn, re: Long-Term Beach Restoration Plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn noted the following:
At the Council’s October 18th meeting, the Town Engineer, Warren Hall, and Janet Freedman, a Coastal Geologist Ret from CRMC, made presentations of the short-term efforts Middletown has made for Coastal Resilience and the long-term impact of climate change.
In the docket package, which is also online, my request memo is for discussion to establish a long-term Beach Restoration Plan. The memo includes quotes from the presentation, I don’t need to read them since they are in front of you, and there is one in particular that points out that the Newport Tide Gauge was established 90 years ago and local sea levels have been rising an average of 1 inch every 10 years. That totals to 9” of sea level rise in 90 years.
The concern is that 5 1/2” of those 9” have occurred in the last 30 of the 90 years. It is not an inch each decade; more than half of the total sea level rise has occurred in a third of the time span. Ms. Freedman stated during her Oct 18 presentation, and I quote “Unfortunately in Rhode Island, our sea level rise rates are higher than the global mean. So that’s something that’s concerning to us and we anticipate that it’s going to continue to accelerate in the future.”
Wikipedia states: “Since 1923, the U.S. has spent $9 billion to rebuild beaches. One of the most notable examples is the 10 miles long shoreline fronting Miami Beach, Florida, which was replenished over the period 1976–1981. The project cost approximately $64,000,000 and revitalized the area's economy. Prior to nourishment, in many places the beach was too narrow to walk along, especially during high tide.”
Our Beaches are Middletown’s greatest natural assets & revenue sources. The discussion is whether or not Middletown should plan now for the long-term protection of its beaches.
Discussion centered around referring this item to the Beach Commission and finding out what other communities are doing.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ask the Beach Commission to look into possible restoration ideas.
20. Memorandum of Finance Director, thru Town Administrator, re: Police Department Vehicle Replacement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
21. Resolution of the Council, re: Police Department Vehicle Replacement.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Police Chief William Kewer addressed the Council reviewing the memorandum above.
Discussion centered around the vehicle replacement program, aging of the fleet of vehicles, the need for officers to be properly equipped, lack of vehicle inventory for purchasing and the funding of the purchase is coming from the Rescue Wagon Fund.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
22. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
23. 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.
24. 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.
25. 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.
26. Appointment of one (1) member to the Aquidneck Island Planning Commission- one (1) vacancy, term expiring July 2024 and one (1) vacancy, to complete a term expiring July 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Mark Donahue to the Aquidneck Island Planning Commission to complete a term expiring July 2023.
27. Appointment of three (3) members to the Beach Commission, terms expiring November 2023.
On motion of Councillor Santos to reappoint John Ceglarski, appoint Jay Bogosian and appoint Mark Donahue – there was no second to the motion.
On motion of Vice President Welch, duly seconded, it was voted to reappoint John Ceglarski, reappoint Kathleen Silveira and appoint Jay Bogosian to the Beach Commission for terms expiring November 2023; Councillor Santos voted NO to said motion.
28. Appointment of one (1) member to the Library Board of Trustees, term expiring September 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Sarah Mullen to the Library Board of Trustees for a term expiring September 2024.
29. Appointment of three (3) members to the Open Space and Fields Committee, terms expiring November 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Allan R. Gray, Sara Poirier, and Edward F. Rizy to the Open Space and Fields Committee, terms expiring November 2024.
30. Appointment of one (1) member to the Zoning Board of Review, regular member, to complete a term expiring April 2026.
Council President Rodrigues noted that Mr. Huttler was interviewed when he was appointed as an alternate member to the Zoning Board of Review.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Stephen Huttler to the Zoning Board of Review, regular member, to complete a term expiring April 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:31 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri