THIS MEETING CAN BE HEARD IN ITS ENTIRETY ON THE TOWN OF MIDDLETOWN WEBSITE WWW.MIDDLETOWNRI.COM OR THE DVD IS AVAILABLE AT THE MIDDLETOWN LIBRARY.
At a Regular Meeting of the Town Council of the Town of Middletown, RI held at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Tuesday, September 7, 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 SEPTEMBER 1, 2021
REGULAR MEETING SEPTEMBER 7, 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 Tuesday, September 7, 2021; 6:00 P.M. Executive Session; 7:00 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. 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, (5) Land Acquisition and (5) Lease (JFK School) - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Vice President 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 6:41 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 Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 6:42 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 7:00 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.
Thomas D. O’Neill, 24 Squantum Drive, addressed the Council regarding multi-use pathways to connect the east and west sides of Middletown for bicyclists and pedestrians, suggesting possible areas to utilize.
This request is to be forwarded to the Open Space and Fields Committee for review.
3. Approval of Minutes, re: Regular Meeting, July 19, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
4. Approval of Minutes, re: Regular Meeting, August 2, 2021.
Councillor Flynn requested to add the following verbiage to the minutes under item #18 “ Mr. Cabral agreed to expedite item #3 of the High Priority Ground Water Items “Evaluate min lot sizes for homes with wells, including cluster developments” to be completed in 9-12 months instead of 18-36 months.”
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to amend the minutes by adding under item #18 “ Mr. Cabral agreed to expedite item #3 of the High Priority Ground Water Items “Evaluate min lot sizes for homes with wells, including cluster developments” to be completed in 9-12 months instead of 18-36 months.”
On motion of Council President Rodrigues, duly seconded, to approve said minutes, as amended.
Councillor Flynn left the Chambers and did not vote on item #5.
5. Approval of Minutes, re: Special Meeting, August 6, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
Councillor Flynn returned to the Chambers.
6. Approval of Minutes, re: Regular Meeting, August 16, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Communication of Matthew B. McCoy, State Adjutant, VFW, re: Congratulating the Town of Middletown for becoming the latest town in the state to declare itself as a “Purple Heart Town”.
8. Application of Special Event Permit from Leigh Kirmil, representing Rejects Brewing Co. and Diegos, 116– 124 Aquidneck Avenue, for a Fall Festival, Fall beer release, one food vendor and live music to be held on Saturday October 2, 2021 from 12:00 pm to 9:00 pm.
On motion of Vice President Welch, duly seconded, to grant said Special Event permit.
Leigh Kirmil was present to answer Council inquires.
Councillor Flynn inquired the following questions:
1. Is the "1 food vendor” Diego's or a Food Truck or Food Cart? (Response -Diego’s Food Truck)
2. Is the “live indoor music” amplified? will windows/doors be closed? (Response – Music will be inside, and all doors and windows will be closed)
3. Where will the cars for “valet parking” be parked? (Response – Valet parking is between the two buildings holding 100 cars; if more attend, people will be turned away)
4. The application states a “20’x50’ tent,” but the map shows 20’x40’/which one is approval for? (Response – 20’x40’)
Councillor Logan inquired about a contingency plan for overflow parking. (Response – There are bike racks, and they may have to turn people away)
Council President Rodrigues noted concern that people may park in the neighborhoods. (Response – it will be hard to monitor the side streets, they will post signs “No Parking” on the side streets if the Council wishes)
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit.
9. Application for Special Event Permit from East Bay Community Action Program for the Molar Express to be held on September 27, 28 and 29, 2021 from 2 pm to 5 pm to be held at Linden Park. (Applicant respectfully requests all fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit and waive all fees.
10. (Public Hearing Advertised)
Application of Joe’s Kwik Marts, LLC dba Joe’s Kwik Marts, 864 West Main Road, for Additional Hours of Operation License for the 2020-2021 licensing year. (NEW)
Public Hearing was declared open.
Councillor Flynn noted that this application was brought forward because of a change in ownership, there will be no changes to the hours of the establishment.
There being no other person’s 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.
11. (Public Hearing Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, is amended by adding new Section 727 Marijuana Related Uses. (Planning Board Recommendation is on file)
Public Hearing remains open.
Helen Sowinski, 24 Gunning Court, Co-Chair of MPC, addressed the Council with the following:
Middletown Prevention Coalition
Position Statement - Marijuana Land Use Zoning Ordinance Amendment
The mission and goals of the Middletown Prevention Coalition (MPC) are to reduce access and availability of substances to our Middletown youth. The research states that when a community reduces access, in turn, youth consumption rates are decreased. Middletown has done this.
The MPC has worked tirelessly to reduce the access of marijuana for Middletown youth through various interventions. Prevalence of use for youth marijuana use in Middletown in 2012-13 was 15.0%. Marijuana use rates in 2021-21 were 8.3%, a 6.7% decrease which is significant at a time when most communities nationally are seeing a rise in youth marijuana consumption rates impacted by legalization, marijuana decriminalization and medical marijuana.
The proposed Marijuana Land Use Zoning Ordinance prohibits marijuana retail stores in all zoning districts in addition to compassion centers and marijuana emporiums already delineated in the ordinance. The MPC endorses this section of the amendment as it aligns with the goal of the reduction of marijuana access and availability.
The ordinance does, however, allow for the cultivation and testing of marijuana and is incongruent to the MPC’s goals and mission and the MPC’s Town Department Performance Plan targeting health, wellness and the prevention of youth substance use. Most importantly, it conveys a mixed message to our youth.
Susan Whitney, 13 Stimpson Street, addressed the Council, noting she is against using Middletown land for cultivation and testing of marijuana. Ms. Whitney requests the Council to please consider the negative impact of marijuana on the youth in the community.
Rachel Kerr, 13 Stimpson Street, addressed the Council with the following:
Obviously, the distribution of marijuana will increase on the island if this ordinance is passed. I believe that there are hidden side effects that come along with this decision that might not be worth it. First of all, the usage of marijuana will become a bit more embedded into our culture. It shows people that cultivation is normal and okay, and that if it is in your backyard then it is safe.
This might be a little too close for comfort when it comes to teenagers in the community. A lot of students already incorrectly use weed as a coping mechanism, and they suffer because of it. They suffer in school, they suffer with work, they suffer with relationships and addiction. This decision is feeding into something negative, regardless of Marijuana distribution regulations.
Marijuana affects the adolescent brain differently than it does to the adult. The most concerning would be its effects on a youth’s cognitive functions. marijuana affects how connections are formed in the brain by interfering with neurotransmitters. A student who uses will suffer at school due to its negative effects on learning, attention, and memory. These effects are long-lasting, and, in some cases, they are permanent. Decisions made during childhood are very important, they will affect the rest of your life. It is very important to reconsider passing this ordinance if you care about your students or your kids/ nieces/ nephews, etc. I hope that this decision is made based on beliefs rather than profit.
Janice Schwartz, 74 Clegg Avenue, Tiverton, RI addressed the Council noting she is a licensed Mental Health Clinician and serves clients all over Aquidneck Island. Ms. Schwartz noted concern with the location for cultivation of marijuana, explaining marijuana has an addictive effect on youth and requests the Council to consider opposing the ordinance.
Jamie Lehane, CEO, Newport County Mental Health, 127 Johnny Cake Hill Road, addressed the Council suggesting they be as restrictive as the law permits regarding marijuana. Mr. Lehane encourages the Town of opt out of allowing marijuana facilities in the Town.
Lori Verderosa, Director, MPC, addressed the Council with the following:
Contrary to federal law, under which the use and sale of marijuana for any purpose is illegal, beginning in 2012 states began to legalize the commercial sale of marijuana. This has led to the rise of public health, safety, and social justice harms, including increased emergency room visits from today’s high potency marijuana; increased addiction rates; increased drugged driving crashes and many other unintended consequences for our youth (Smart Approaches to Marijuana, 2019).
The main psychoactive ingredient in marijuana, THC, causes many different types of mental and physiological health problems….especially in youth, young adults and pregnant women
There is an abundance of scientific literature that links marijuana use to severe mental health outcomes ranging from depression to psychosis as well as consequences for physical health and even negative outcomes for babies exposed in utero and inhibited cognitive development.
To meet the market demands for higher potency products today’s marijuana has been modified to increase its potency. The weed of today is not the weed of yesteryear. “Woodstock weed” had only 1-3% THC. Studies today show marijuana flower- touted by the industry to be a harmless plant- contains around 14-22% THC. Concentrates and edibles pack greater punch and contain about 55.7% THC on average, though some concentrates have tested at 95-99% THC concentration. Middletown youth report using edibles and vaping THC since most methods are easier to hide and have no odor.
Dr. Nora Volkow, the Director of the National Institute of Drug Abuse, states marijuana is an addictive drug. Brain scans of marijuana users show actual changes in the structure of the brain’s reward center to be consistent with addiction (Gilman et al, 2014). Marijuana impacts student achievement in the classroom by affecting memory, concentration and one’s ability to learn and be successful academically.
NIDA reports that around 30% of those who begin to using marijuana before the age of 18 are 4-7 times more likely to develop a marijuana use disorder compared to those who start later (NIDA, 2019). SAMHSA reports that “there was a 25% increase in cannabis use disorder diagnoses among 12-17 year olds in “legal” states.
It goes without saying that marijuana is not the harmless drug that Big Marijuana would like for us to believe. The connections between marijuana use and consequences to youth mental health, physical health and brain development are often not found in discussions about legalization…i.e., the sale of marijuana, the testing and cultivation of the product and how these impact our youth need to be part of the dialogue.
As stated earlier, the MPC has worked tirelessly to reduce the access of marijuana to Middletown youth. Prevalence of use of marijuana in 2012-13 was 15.0%. Marijuana use rates in 2020-21 were 8.3%, a 6.7% decrease at a time when most communities nationally are seeing an increase in youth marijuana consumption rates. This rise has been impacted by legalization, marijuana decriminalization and medical marijuana. Simultaneously, the perception of harm for marijuana has decreased from 76.7% in 2019-20 to 74.9% in school year 2020-21, a decrease of 1.8%. Students are seeing less harm associated with marijuana, a potential risk factor which can impact consumption rates.
Within the scientific and medical community, there is vast agreement that youth should be protected, social justice must be secured, roadways should be safe and youth/adult mental health be of utmost importance. There is also agreement in the substance use and mental health prevention, treatment and research arenas that youth should be protected. The protection of our youth is a targeted outcome of the coalition.
This ordinance potentially increases access and availability by allowing for the testing and cultivation of legalized marijuana in Middletown. It provides an incongruent and mixed message to our youth and lends to the normalization of marijuana by our youth, a risk we cannot afford.
I urge you to be mindful re: the protection of our youth as you discuss this ordinance tonight and be reminded of our successes in impacting youth marijuana consumption rates in Middletown.
Lisa Bradley Prevention Coordinator, Joseph H. Gaudet Middle School and Learning Academy, addressed the Council with the following:
Two things I have learned about young people:
The first being they are incredibly perceptive and the second is that when given accurate information, opportunity, and skills they will overwhelmingly make a healthy choice over an unhealthy one. We see that in national data and certainly in our Middletown data. What research shows us is that when young people perceive a substance to be harmful they are much more likely to avoid that substance. Not all kids make the healthy choice, but a large majority do. We have seen that with the drop in tobacco use among teens over the years and we are starting to see it with vaping and e-cigarettes thankfully.
Right now, youth are confused about the harms of marijuana and rightfully so with the change in many state laws and with the focus on a growing, lucrative industry. The hardest part about my job is going up against societal and media messages that promote marijuana use. It is everywhere and it is an uphill battle, but one I am willing to fight because of all of the harmful effects’ marijuana can have on a developing brain. I expect pro-marijuana messages from popular music, celebrities and from industries who are out to make a buck. What’s harder to accept and explain to youth is when our policy makers make decisions that are pro-marijuana. It is confusing and only makes our jobs to protect our youth tougher.
I appreciate all the work that you have done in Middletown to curtail compassion centers and emporiums. I ask that you continue that work by not allowing retail sales, cultivation centers and testing sites. This will send a clear message to our youth that marijuana use is harmful to them and that Middletown wants to lessen their access to it and make this a safter place for our youth.
Thank you for your time
Kellie DiPalma Simeone, 545 Atlantic Drive, addressed the Council noting the following:
It is my understanding that a Marijuana Land Use Zoning Ordinance will be on the docket for your consideration tonight. I am writing today to request that you reject the ordinance in its current form. As written, it would undoubtedly increase youth access to marijuana in our town because it permits cultivation centers and testing providers. As a former Middletown School Committee member and chairwoman, former volunteer with the Middletown Prevention Coalition, and a mom of two young children, I am concerned about the impact of this increased access.
I have spent countless hours working with volunteers across our town who have dedicated their time, talents, and money to reducing rates of youth substance abuse, with marijuana use being a particular focus. The results have demonstrated the success of these efforts with a significant reduction in marijuana usage rates among Middletown youth. It would be disheartening (to put it mildly) to see the coordinated, impactful efforts of so many individuals and organizations in Middletown wasted so quickly.
Please carefully think through the impact this ordinance could have in its current form and consider modifying it to prohibit cultivation centers and testing providers. They are not necessary in our town! Rejecting the ordinance in its current form and passing a more restrictive version will send a clear message to Middletown kids that the leaders of our community care about their future and will do what is necessary to protect them.
Town Solicitor Peter B. Regan reviewed the process followed in preparing the proposed marijuana ordinance. Mr. Regan explained the rational regarding the ordinance, noting the Town can only regulate marijuana by zoning, licensing is through the state. Mr. Regan explained the ordinance prohibits retail and compassion centers in the Town.
Bob Barlow, 48 James Francis Terrace, addressed the Council inquiring if marijuana in its entirety will be prohibited in the Town. Mr. Barlow understands the Town Council is trying to protect the entire Town.
Discussion centered around the League of Cities and Towns working to allow the Town Council to be able to opt out instead of having a referendum, the need to control marijuana in the Town, creating setbacks in the ordinance that are not de facto prohibition of marijuana, positioning the areas in town to limit where cultivation and labs for marijuana can be and not having marijuana cultivation and labs town wide.
Councillor Flynn inquired about the ordinance setbacks. Ms. Flynn suggests 1000 feet * for all locations with youth present, not just schools.
Town Solicitor Peter B. Regan, responding to Councillor Flynn, noted that there are different setbacks to not create de facto prohibition.
Discussion centered around setbacks in the ordinance, the Council can completely prohibit marijuana cultivation, sales and labs in the Town, there is no information regarding marijuana in the Comprehensive Community Plan, concern with the Special Use Permits and the unknown of the long-term impacts, other cities and towns prohibiting marijuana, the Town Solicitor looking into prohibiting marijuana, if there is a backup provision that can be placed in the ordinance in the event that the Town is unable to prohibit marijuana, protecting the Town and the legislators are the ones who will place the opt out provision in state law.
Theresa Spengler, 132 Peckham Lane, addressed the Council inquiring about strict guidelines for marijuana in the Town and who monitors the facilities.
Town Solicitor Peter B. Regan, responding to Ms. Spengler, noted that the Department of Health and Department of Business Regulations have guidelines and licensing requirements. Mr. Regan explained the Town is limited to the zoning regulations.
On motion of Vice President Welch, duly seconded, it was voted unanimously to keep the public hearing open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue the second reading to the first meeting in October.
Town Solicitor Peter B. Regan recused himself from acting on item #12, due to a possible conflict of interest.
Attorney Marisa Desautel was present to represent the Town regarding item #12.
12. (Continued from the August 16, 2021, Regular Meeting)
Email communication of Symon Cousens, Island Elements, Island Surf & Sports, Elemental Surf & Skate, re: Third Beach concession agreement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
Town Administrator Shawn Brown noted that Mr. Cousens was not operating at Third Beach this season, due to a policy change at Third Beach being for resident season beach pass holders only. Mr. Brown explained Mr. Cousens would be operating at a loss, since his cliental are not residents.
13. Communication of Charlie Roberts, Co-Chair, MPS Building Committee, re: Requesting Town Council to vote to execute a letter of intent to RIDE – School Buildings.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, to authorize the Town Council President to execute the Letter of Intent (LOI) to RIDE.
Council President Rodrigues noted the meeting on September 1, 2021, with the School Administration and Building Committee discussing the possibility of a bond referendum to improve School facilities. Council President Rodrigues explained the letter of intent to RIDE is non-binding for the Town.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Town Council President to execute the Letter of Intent (LOI) to RIDE.
14. (Continued from the August 16, 2021, Regular Meeting)
Communication of Councillor Turano, re: Middletown School Maintenance Department, IT Department, and the Accounting Department merge with the Middletown DPW, IT Department, and Accounting Department.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano reviewed the communication above.
Town Administrator Shawn Brown reviewed the following slides to answer Councillor Turano’s inquiry.
Enter slides
Discussion centered around a new accounting system for both Town and School, the cost of the accounting system, if other cities and towns have been successful in merging Town/School Departments, the Town and School legal counsels need to review the merging of the Town and School departments, there may be legal and governance issues regarding the merge, the Town Council may meet at a later date to discuss issues in executive session, the process for merging was on hold due to Covid taking priority over the past year and a half, and the need to create a plan to merge Town and School departments including a timeline.
15. Memorandum of Councillor Flynn, re: Update Request – Parking Ordinance.
Councillor Flynn reviewed the memorandum above.
Councillor Flynn reviewed Town Administrator Shawn Brown’s response to the memorandum, entered here:
16. Memorandum of Councillor Flynn, re: Update Request – Remote Public Participation.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above.
Councillor Flynn reviewed Town Administrator Shawn Brown’s response to the memorandum, entered here:
Town Administrator Shawn Brown noted the equipment to upgrade the audio system has been ordered.
17. Memorandum of Councillor Flynn, re: Update Request – Beach Restoration.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above.
Councillor Flynn reviewed Town Administrator Shawn Brown’s response to the memorandum, entered here:
Town Administrator Shawn Brown noted that a presentation for the Town Council will be scheduled in the future.
18. Memorandum of Council President Rodrigues, re: Paradise Park Trails.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues reviewed the memorandum above.
Discussion centered around expanding the trails to the land owned by the Town adjacent to Paradise Park, maintenance of the trails, other projects the Town is working on (Pickleball Court and Trails in the Valley) being completed and forwarding this request to the Open Space and Fields Committee for review.
19. Memorandum of Finance Director, re: Fire Department-Surplus Jet Ski.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
20. Resolution of the Council, re: Fire Department – Surplus Jet Ski.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues noted that the motor is too costly to repair.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
21. Memorandum of Finance Director, re: School Department – Surplus Property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
22. Resolution of the Council, re: School Department – Surplus Property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
23. Memorandum of Town Administrator, re: Middletown Fees for Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Enter memo
Discussion centered around the revenue manual having most of the information regarding the Middletown fees, adding an additional field to the revenue manual to address this inquiry, some fees are Town fees and others are set by state law and the Town Administrator reviewing Chapter 36 of the Town Code and identifying fees set by the Town.
24. Memorandum of Town Engineer, re: Recommendation of Award of Contract, PARE Corporation, Boulevard Safety Evaluation (West Main Road to Kay Boulevard).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
25. Resolution of the Council, re: Award of Contract, PARE Corporation, Boulevard Safety Evaluation (West Main Road to Kay Boulevard).
On motion of Vice President Welch, duly seconded, to pass said resolution.
Discussion centered around speaking/meeting with the residents regarding the project.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
26. Memorandum of Town Engineer, re: Recommendation of Award of Contract, Fuss & O’Neil, Maidford River and Floodplain Restoration Work Plan-Phase 2 River Restoration Design Amendment #1 Intersection Improvements at Berkeley Avenue & Green End Avenue.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
27. Resolution of the Council, re: Award of Contract, Fuss & O’Neil, Maidford River and Floodplain Restoration Work Plan-Phase 2 River Restoration Design Amendment #1 Intersection Improvements at Berkeley Avenue & Green End Avenue.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Engineer Warren Hall reviewed the memorandum in item # 26.
Discussion centered around getting public input before spending money on a traffic study, the town having all of the traffic data for the proposed improvement, if grant monies are possible for this project, the residents in the area wanting an upgrade to the intersection, safety concerns at the intersection, the culvert will remain where it is, traffic options/improvements to the intersection, the road not being raised at that intersection and having a public meeting for input.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution; Vice President Welch and Councillor Logan voted YES; Council President Rodrigues, Councillor Flynn, Councillor Santos, Councillor Turano, and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
On motion of Councillor Turano, duly seconded, it was voted unanimously to schedule a meeting with the residents of Middletown to take measurements to review low impact data at the intersection of Green End Avenue, Paradise Avenue and Berkeley Avenue.
28. Memorandum of Town Administrator, re: Salvatore Romano Sculpture Donation from Carol Cummings.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw this item.
29. Memorandum of Finance Director, re: American Rescue Plan Act (ARPA) Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Finance Director Marc Tanguay reviewed the memorandum above.
Council President Rodrigues requested the timeline below be entered as part of the record.
Enter timeline
Discussion centered around money is tied to covid, the funds can be used for Town infrastructure, housing projects and more, getting input from the administration for use of the funds, the funds will be held in a Special Revenue Fund, the money can be invested until the Town is ready to spend it and soliciting ideas from the residents on how to spend the funds.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the timeline for the ARPA.
30. Communication of the 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.
31. (Continued from the August 16, 2021, Regular Meeting)
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 Santos requested more information be provided to the Town Council regarding supplemental tax billing.
Town Administrator Shawn Brown explained the information will be added to the Tax Collector’s quarterly report.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
32. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Request for appointment of Planning Board member to the Middletown Affordable Housing Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and have the Planning Board appoint a member to the Middletown Affordable Housing Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:19 p.m.
*Amended by Council 9-20-21
______________________________
Wendy J.W. Marshall, CMC
Council Clerk