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, October 18, 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 OCTOBER 13, 2021
REGULAR OCTOBER 18, 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, October 18, 2021, 6:00 P.M. Executive Session; Regular Meeting immediately following 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), (1) Collective Bargaining (Teamsters), (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 6:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:57 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to retain Jeffrey Loiter as an expert witness to assist legal counsel in representing the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the Fiscal Impact Statement from the Teamsters Union.
On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 6:58 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 7:01 pm.
2. 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.
3. Memorandum of Town Administrator, re: Town Business Updates – September.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and Town Business Updates.
Town Administrator Shawn Brown reviewed the Town Business Updates.
4. Memorandum of Rosemarie K. Kraeger, Superintendent of Schools, re: Teacher Assistant Contract (Middletown Association of Auxiliary Personnel/NEARI/NEA).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify said Teach Assistant Contract (Middletown Association or Auxiliary Personnel/NEARI/NEA).
5. Memorandum of Town Engineer, re: Presentation Beach Erosion by Janet Freedman.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin said presentation.
Town Engineer Warren Hall addressed the Council reviewing projects that have been completed in the beach areas to stop erosion. Mr. Hall introduced Janet Freedman, retired Coastal Resources Management Council Coastal Geologist.
Ms. Freedman reviewed a PowerPoint presentation – Coastal Resilience Beaches, Dunes, and Impacts of Climate Change, which is on file in the Office of the Town Clerk.
Discussion centered around building a seawall to protect the beach, if a seawall is on the beach side it will protect the beach but not the parking lot, angling the beach walkway paths, elevating the beach paths and planting additional vegetation.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
6. Applications received from the following named club for RENEWAL of Alcoholic Beverage License for the 2021-2022 licensing year. (Requires Advertising for a public hearing to be held on November 1, 2021)
ALCOHOLIC BEVERAGE LICENSES 2021-2022
CLASS D
GILBERT-BURTON VFW POST #4487/CAPTAIN KENNETH L. GILBERT POST #4487,
52 Underwood Lane
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise for public hearing to be held on November 1, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Flynn requested that items #11 and #12 be heard under the regular portion of the agenda.
Councillor Turano requested that items #13 through #18 be heard under the regular portion of the agenda.
7. Approval of Minutes, Regular Meeting, September 20, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, Regular Meeting, October 4, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. Adoption of Council Rules. (This item is on for information; action will take place at the November 1, 2021, Regular Meeting)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Council Rules and place on the November 1, 2021 agenda for Adoption.
10. Petition of National Grid & Verizon New England, Inc. for a proposing to relocate Pole 2 Rosedale Ct, 12ft North of existing Pole for the resident in #5 to install a driveway. (Council action forward to the Roads and Utilities Committee for review and recommendation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Petition and forward to the Roads & Utilities Advisory Committee for review and recommendation.
11. Communication of Attorney Michael J. Richards, on behalf of Peter Lennon, re: Request to Extend Public Sewer Line to Service 861 Aquidneck Avenue, Plat 114, Lot 134. (Council action to forward to the Roads & Utilities Advisory Board for review and recommendation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and forward to the Roads & Utilities Advisory Committee for review and recommendation.
Discussion centered around the owner of the property is requesting to connect to the Town sewer line, the cost of the project will be assessed to the property owner, the timing of the request comes at a good time before improvements are made to the road in the area and the request will be forwarded to the Roads and Utilities Advisory Board for review and recommendation.
12. Communication of Attorney David Fox, on behalf of William R. Sturm, Jr., re: Request to Extend Public Sewer Line to Service 869 Aquidneck Avenue Plat 114, Lot 135. (Council action forward to the Roads & Utilities Advisory Board for review and recommendation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and forward to the Roads & Utilities Advisory Committee for review and recommendation.
13. Memorandum of Finance Director, re: Surplus Vehicle in the Police Department.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
14. Resolution of the Council, re: Surplus Vehicle in the Police Department.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Discussion centered around wear and tear on the vehicle, the cost to replace the vehicle and the vehicle will not pass inspection.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
15. 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.
16. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Councillor Turano inquired why financial matters were on the consent agenda, when the practice has been to be on the regular portion of the 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.
Town Administrator Shawn Brown noted the tax abatement was due to a pool being filled, and the water did not enter the sewer system.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
17. 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.
18. 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.
19. Communication of Charlie Roberts, Co-Chair, Middletown Public Schools Building Committee, re: Request for Town Council and Building Committee to hold another workshop for further discussion 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.
The Town Council scheduled a workshop for an update on Monday, November 1, 2021, at 5:00 pm.
20. 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 Vice President Welch, duly seconded, to receive and continue this item to the next regular meeting, November 1, 2021, at the request of the Attorney.
Council President Rodrigues requested additional information for this item.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive and continue this item to the next regular meeting, November 1, 2021, at the request of the Attorney.
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 amending Section 400, entitled Definitions, Section 602, entitled Scheduled of District Regulations – Uses and Districts, and Section 703 , entitled Accessory Uses and Structures, Section 725, entitled Ground-Mounted Solar Photovoltaic Installation. (Planning Board Recommendation is on file)
Public Hearing Remains Open.
Town Solicitor Peter B. Regan reviewed the ordinance above, noting the approval process for the installation of Ground-Mounted Solar Photovoltaic Installations.
There being no other person present desiring to be heard, public hearing is declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
Council President Rodrigues recused himself from acting on the following item #22, due to a possible conflict of interest.
Vice President Welch Presiding.
22. (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 amending the definition of Farm-Promotion Accessory Uses in Section 400 entitled Definitions and addition definitions for Agricultural Operations, Farm (small), Farm (large) and Mobile Food Establishment thereto; (2) amending Subsection (F) of Section 703, entitled Accessory Uses and Structures; and (3) amending 722, entitled Farm Promotion Accessory Uses. (Planning Board Recommendation is on file)
Public Hearing Remains Open.
Discussion centered around the ordinance allows for farms to have a mobile food truck or cart on the property as a permitted accessory use, removing the definition of fur bearing animals from the ordinance, the definition of small and large farms, and if the requirement in the ordinance that a portion of the products sold on the food truck or cart must be produced on the farm should remain or be removed.
On motion of Councillor Santos, to remove "fur bearing animals" from the definition in Chapter 400 (There was no second to this motion).
On motion of Councillor Flynn, duly seconded, it was voted unanimously, to remove under 722 Farm Promotion Accessory Uses – (D) Mobile Food Establishments – (3) A portion of the products sold at a mobile food establishment operated on a farm must be grown or raised on the premises; and - from the proposed ordinance.
There being no other person present desiring to be heard, public hearing is declared closed.
On motion of Councillor Santos, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.
Council President Rodrigues recused himself from acting on the following item #23, due to a possible conflict of interest.
23. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XI Business Regulations, Chapter 113, Food Services by amended (1) addition definitions for Farm (small) and Farm (large) to Section 02, entitled Definitions and (2) amending Section 04, entitled Restrictions on Permits. (Planning Board Recommendation is on file)
On motion of Councillor Santos, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
Council President Rodrigues Presiding.
24. 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 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 receive said ordinance on its first reading.
Town Administrator Shawn Brown addressed the Council noting this request was from the neighborhood.
Council President Rodrigues inquired if the Building Inspector has notified Home Depot regarding Trucks on Chases Lane.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
25. Communication of Councillor Turano, re: Requesting to discuss the Middletown School Maintenance Department, IT Department, and the Accounting Department to merge with Middletown DPW, IT Department and the Accounting Department.
On motion of Vice President Welch, duly seconded, to receive said communication.
Councillor Turano reviewed the communication above, inquiring if the merging of departments with the school should be done one department at a time.
Town Administrator Shawn Brown, responding to Councillor Turano, noted the Town will be meeting with the school in the upcoming week to further discuss governance issues with the merger.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
26. 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, noting concern that the school year is underway, and the program is not in place to address the loss of learning with the students.
On motion of Councillor Turano, duly seconded, it was voted unanimously to continue said communication to discuss the next steps to the regular meeting November 1, 2021.
27. Communication of Councillor Turano, re: Requesting to discuss increasing the tax exemptions for Senior, Veterans, and the Handicapped.
On motion of Vice President Welch, duly seconded, to receive said communication.
Councillor Turano reviewed his communication above, requesting the Tax Assessor to review the exemptions.
Council President Rodrigues noted that during the budget process the tax exemptions were normalized, which kept exemptions at their current amounts.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
28. Email communication of Tax Assessor, re: Increasing Tax Exemptions – Adding 10% to exemptions amount.
On motion of Vice President Welch, duly seconded, to receive said email communication.
Tax Assessor George Durgin reviewed the communication above.
Discussion centered around if the exemptions should use a phased in approach, the exemption values would stay the same for 3 years until the next revaluation, the average exemption increase, and if the increase in exemptions should come during the budget process.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Councillor Turano, duly seconded, it was voted unanimously to direct the Town Solicitor to amend the ordinance and increase the senior, veteran, and handicapped exemptions by 10%.
29. Communication of Councillor Logan, re: Communication from - Robert Upham, Middletown – Safety concerns – Sidewalks on Rogers Lane.
On motion of Vice President Welch, duly seconded, to receive said communication.
Councillor Logan reviewed the communication above.
Town Administrator Shawn Brown noted the Town had applied for Community Development Block Grant funds in the past to improve the sidewalks in the Oxbow area; however, the Town was unsuccessful in obtaining funding.
Discussion centered around the ownership of the sidewalks and roadways of the Oxbow property, the need to address the sidewalk safety concern in the area, if the sidewalks are private or public in the area, who is responsible for maintaining the sidewalks and the Town Solicitor will meet with the Town Administrator to further investigate the ownership/responsible party of the sidewalks.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
30. Memorandum of Town Administrator, re: Response to Request for information (RFI) for West Main/Coddington Redevelopment Area.
On motion of Vice President Welch, duly seconded, to received said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above, noting the scoring process and recommendation of the RFI for the West Main/Coddington Redevelopment Area. Mr. Brown explained to proceed the Town would execute a memorandum of understanding between the Town and Landings Real Estate Group, First Bristol Corporation and Kempenaar Real Estates, Inc.
Discussion centered around the Council having more time to review the proposal, the need for public input for the project, the development of the area benefits everyone in Town, the concept and project for the area will come back for Council approval and keeping the area as open space.
Town Solicitor Peter B. Regan noted the agreement is to have further discussions with the group, not a commitment to do anything.
On motion of Vice President Welch, duly seconded, to enter into a Memorandum of Understanding with Landings Real Estate Group, First Bristol Corporation and Kempenaar Real Estates, Inc and move forward with the West Main Road Project.
Jim Karam, Tiverton, Rhode Island, representing First Bristol Corporation, noted the memorandum of understanding is a partnership to work together to develop a vision for the area. Mr. Karam explained the area is a gateway to the Town, the need to hear input on what is vital for the area and part of the project would include a traffic study of the area.
Discussion centered around replacement of the library building, funding for libraries, the need for affordable housing, retail space and mixed-use development in the area.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
A vote was taken.
On motion of Vice President Welch, duly seconded, to enter into a Memorandum of Understanding with Landings Real Estate Group, First Bristol Corporation and Kempenaar Real Estates, Inc and move forward with the West Main Road Project; Councillor Santos voted NO to said motion.
31. Email communication of Nate Levin-Aspenson, MPJA, Lead Grants and Foundations Relations Manager, Newport Mental Health, Middletown, re: Newport Mental Health’s interest in taking part in the development discussion surrounding the West Main/Coddington Center property.
On motion of Vice President Welch, duly seconded, to receive said communication.
Jamie Lehane, CEO Newport County Mental Health, addressed the council reviewing his email communication above, noting that Newport County Mental Health is in the process of a capital campaign to build a new facility. Mr. Lehane explained Newport County Mental Health would be interested in developing a space for their facility at the West Main Road and Coddington area.
Discussion centered around that the current location for Newport County Mental Health is not on a bus line, the West Main Road and Coddington area would be an ideal location, and the town will keep in touch with Newport County Mental Health as the project progresses.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
32. Memorandum of Town Administrator, re: Property Tax Assessment Overview.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Tax Assessor George Durgin addressed the Council reviewing the revaluation process.
Discussion centered around calculating property values, Vision Appraisal only entering approximately 60% of the homes during revaluation, the predictability of taxes and Vision Appraisal has completed their work and is not under contract with the Town at this time.
33. Memorandum of Town Administrator and Tax Assessor, re: Residential Tiered Tax.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Councillor Flynn noted the idea stemmed from the 2019 AIPC Housing Forum, explaining a tiered tax would benefit the residents and be an incentive for people to reside in town year-round. Ms. Flynn explained year-round residents would produce a year-round economy.
Town Administrator Shawn Brown noted he will provide more information on tiered taxes at the next Council Meeting.
Town Solicitor Peter B. Regan, Councillor Flynn and Councillor Turano recused themselves from the following item #34, due to a possible conflict of interest.
34. Memorandum of Town Administrator, re: Results of the Town Council Sub-Committee on Short Term Rentals.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the proposed changes to the Short-Term Rental ordinance, explaining the next step is to put the ordinance into the proper form to be considered for adoption by the Town Council.
Councillor Flynn and Councillor Turano returned to the dais.
Town Solicitor Peter B. Regan recused himself from acting on the following item #35, due to a possible conflict of interest.
35. Memorandum of Town Administrator, re: Short Term Rentals Issues: Trash Violations.
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 Solicitor Peter B. Regan recused himself from acting on the following item #36, due to a possible conflict of interest.
36. Memorandum of Town Administrator, re: Short Term Rentals Issues: Noise Ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above. Mr. Brown noted that noise is a Town wide issue, and the ordinance should be forwarded to the Town Solicitor and Police Chief for review.
Town Solicitor Peter B. Regan recused himself from acting on the following item #37, due to a possible conflict of interest.
37. Memorandum of Town Administrator, re: Short Term Rentals Issues: Parking.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around the parking ordinance is town wide and not just for Short Term Rentals and referring the parking ordinance to the Planning Board for further review.
Town Solicitor Peter B. Regan returned to the dais.
38. Memorandum of Town Administrator, re: Knight Report on Middletown Community Assessment.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
The presentation will be held on November 1, 2021, after the Middletown Building Committee update.
39. Memorandum of Finance Director, thru Town Administrator, re: Beach Operations Financial Report – Twelve Months Ended September 30, 2021.
On motion of Vice President Welch, duly seconded, to receive said memorandum and Beach Operations Financial Report – Twelve Months Ended September 30, 2021.
Finance Director Marc Tanguay reviewed the Beach Season Financial Report slide, entered here:
Discussion centered around that residents were able to utilize the beaches and not wait for parking, the staff were polite and respectful, beach apparel sales, number of part time employees, proposed campground improvements, and the need to continue to fund the beach CIP program.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and Beach Operations Financial Report – Twelve Months Ended September 30, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:31 p.m.
__________________________
Wendy J.W. Marshall, CMC
Council Clerk