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.
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 MARCH 30, 2022
REGULAR MEETING APRIL 4, 2022
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, April 4, 2022 at 6:00 P.M. Executive Session; 6:30 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person, by telephone conference call/ webinar, in accordance with Executive Order 22-01 issued by Governor McKee on January 6, 2022, extended to March 31, 2022, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) as part of the State’s emergency response to COVID-19. Members of the public may access and listen to the meeting in real-time by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 826 0579 5459 or on the web at https://us02web.zoom.us/j/82605795459.
If you chose to join the meeting by zoom or telephone, Council Rules allow for the Public to speak only during the Public Forum and Public Hearings. If calling in by telephone, pressing *9 raises your hand and pressing *6 will unmute.
The items listed on the Consent portion of the agenda are to be considered routine by the Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, 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), (5) Land Acquisition, (5) Land Acquisition, (5) Lease (JFK School), (1) Collective Bargaining, (2) Potential Litigation - 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 6:58 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.
2. Presentation by Jeffrey Heath, PhD, Principal, Middletown High School, re: Ensuring Success For All Students: Emphasizing Career Education & Exploration at Middletown High School.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin presentation.
Jeffrey Health, PhD, Principal at Middletown High School, presented a power point presentation, Ensuring Success For All Students: Emphasizing Career Education & Exploration at Middletown High School, which is on file in the Office of the Town Clerk.
Discussion centered around the focus on career education for all students, out of school learning opportunities, tracking students’ post-graduation, students social and emotional issues.
Councillor VonVillas noted the following:
As I have said repeatedly, the people who are best able to address academic issues are the educators. This is a perfect example.
As an educator myself, I also know that a large portion of social and emotional difficulties in children as well as in older students is a result of feelings of inadequacy and/or academic failure.
If we want to help our students to succeed, we need to ensure academic support first. That is why I have supported efforts related to career education for ALL students and I personally appreciate and applaud Jeff’s efforts.
3. Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must submit a public participation form to the Council Clerk prior to the start of the meeting. All items discussed during this session will not be voted upon.
Theresa Spengler, Middletown, addressed the Council regarding the Neon Gas Station on East Main Road, noting the issue with a left hand turn into the gas station off of East Main Road is dangerous.
Town Administrator Shawn Brown explained there are no turning restrictions within the Zoning Board Decision. Mr. Brown noted the Town is having a discussion with the owners regarding the left-hand turn issue.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
4. Application of FLATWAVES, LLC d/b/a The Food Shack, 499 East Main Road, for a Class BV Alcoholic Beverage License, for use at the same premises. (Requires advertising and notification to abutters for a future public hearing) – (Current license for this premises has not been issued and was surrendered back to the Town by CCE Development, LLC)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, advertise for public hearing and notify abutters for hearing on April 18, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
5. Memorandum of Councillor Turano, re: Update Request – Project Updates.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Turano reviewed the memorandum above and a sample project list, entered here:
On motion of Councillor Turano, duly seconded, to change the format of this section and have a standing project list that we get an update on a monthly basis at the first meeting of each month.
Discussion centered around Town Business Update reports should be brief and manageable, not a time-consuming in-depth report, if someone is requesting more information regarding a project, a docket item would need to be placed on a council agenda and updates should be short.
A vote was taken.
On motion of Councillor Turano, duly seconded, it was voted unanimously to change the format of this section and have a standing project list that we get an update on a monthly basis at the first meeting of each month.
Vice President Welch and Councillor Flynn requested that item #13 be heard under the regular portion of the agenda.
6. Approval of Minutes, Regular Meeting, March 21, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Resolution of the Council, re: Recognizing Arbor Day, April 29, 2022, in the community.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution recognizing Arbor Day, April 29, 2022, in the community. .
8. Petition of National Grid & Verizon New England, Inc., re: Sachuest Drive, National Grid proposed to install new pole 10-50 and relocate pole 10, 24ft West for the installation of electric facilities to a proposed 5 lot subdivision known as Saltwood Farm. (Council action to forward to the Roads & Utilities Advisory 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 and Utilities Advisory Committee for review and recommendation.
9. Communication of Dorothea A. Baernthaler, President, Friends of the Library, with enclosure, re: Friends of the Middletown Public Library, Inc. – Memorandum of Understanding (MOU) – Friends Book Store.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize the Town Administrator to execute the MOU for FY2023 to allow the Middletown Public Library to operate the Friends Bookstore at the Middletown Public Library.
10. Applications from the following named persons, firms and corporations for RENEWAL of Mobile Food Establishment Licenses, for the 2022-2023 licensing year:
Mobile Food Dispensing Vehicle: (Limit 10 per year, currently 6 issued)
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Non-Self Propelled Cart: (Limit 7 per year, currently 1 issued)
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
11. Applications from the following named persons, firms and corporations for RENEWAL of Holiday Sales Licenses, for the 2022-2023 licensing year:
Beebe & Family, Inc.- 7-Eleven Food Stores- 726 Aquidneck Avenue
Keystone Novelties Distributor, LLC/Keystone Fireworks- 741 West Main Road
Shaw’s Supermarket, Inc. #7442/192/Shaw’s Supermarket-
71 East Main Road
12. License of Burial, re: Thomas Day and Mary Day – Section 54, Graves 41 and 42.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of burial.
13. Communication of Theresa M. Silveira Spengler Chair, Middletown School Committee, re: The Middletown Public Schools’ general operating fund is projecting an expenditure deficit of $1,259,000 for the 2021-22 fiscal year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Representing the School Department were Superintendent Rosemarie Kraeger, Attorney Lori A. Miller (Assisting the School Department with their finances) and School Committee Chair Theresa Spengler, all were present to answer Council inquires.
Discussion centered around Attorney Miller has been reviewing the School Department budget, a review of the communication above, the school budget expenses exceed the support from the Town and State, students require more special services than in the past, reduction of staff and programs at the schools, the school department hired an Interim Business Manager and an Accounting Technician, HVAC Repairs, snow removal at the school department, capital improvement purchases and additional funding from the Town for one time purchases.
14. Communication of Lt. Corey A. Huck, Newport Police Department, Chairman, AINPP, re: Request for waiver of all detail fees for the Aquidneck Island Police Parade.
On motion of Vice President Welch, duly seconded, to receive said communication and waive all permit and detail fees for the Aquidneck Island Police Parade.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and waive all permit and detail fees for the Aquidneck Island Police Parade.
15. Application for Special Event Permit from Lt. Corey A. Huck, on behalf of the Aquidneck Island National Police Parade Committee, for the Aquidneck Island Annual Police Parade beginning on West Main Road Two Mile Corner to the One Mile Corner into Newport (Broadway) to be held on Sunday, May 1, 2022 beginning at 8:30 am.
(Parade Committee respectfully requests all fees to be waived)
On motion of Vice President Welch, duly seconded, to receive said grant said Special Event Permit and waive all fees.
Discussion centered around the Town has always covered the Middletown detail fees for this event and Town Council members participating in the parade would march with the police department.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said grant said Special Event Permit and waive all fees.
16. Application for Special Event Permit from St. Columba’s Chapel, 55 Vaucluse Avenue for St. Columba’s Annual Garden Party, to be held on Saturday, June 11, 2022, from 1:00 pm to 5:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
17. Applications four (4) Special Event Permits from Rejects Beer Co., 124 Aquidneck Avenue, 1) Summer Kick Off, Pig Roast & Fish Fry, Island Theme Free event for the neighborhood to be held on Saturday, June 11, 2022, from 2:00 pm to 8:00 pm. 2) End of Summer BBQ, Free event with BBQ and Beers to be held on Sunday, August 21, 2022, from 12:00 pm to 8:00 pm. 3) Simmons Farms Collaboration Local Event, Indoor Music, Diego’s Taco Cart outside, to be held on Sunday, September 25, 2022, from1:00 pm to 7:00 pm. 4) Oktoberfest, Fall Beer Release, to be held on Saturday, October 1, 2022, and Sunday, October 2, 2022, from 11:00 am to 8:00 pm.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permits.
Leigh Kirmil representing Rejects Beer Company was present to answer Council inquires.
Discussion centered around event patrons not parking in the residential neighborhoods, the establishment promotes the use of Ubers during events and there is valet parking available during the events.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permits.
18. Application for Special Event Permit from On Your Left Racing for a Newport Triathlon, Triathlon – Swim, Bike, Run Event - Second Beach on Sunday, September 11, 2022, from 7:00 am to Noon.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Event Organizer Derek Savas was present to answer Town Council inquires.
Discussion centered around the water conditions during last year’s event and the swimming portion will be eliminated from the event if there are rough seas.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
19. Application for Special Event Permit from Gray Matter Marketing, Amica Newport Marathon, Marathon – throughout Newport and Middletown, starting and ending at Easton’s Beach, Newport, to be held on Sunday, October 9, 2022, from 7:30 am to 1:30 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
20. Application for Special Event Permit from Dale Bradley for Camp-O-Rama- Weekend Camping at the Beach, Sachuest Beach Parking Lot, beginning Wednesday, September 14th and ending on Sunday, September 18, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
21. Application from Special Event Permit from The Norman Bird Sanctuary for a Harvest Fair, Old-fashioned country fair with games, food, crafters, music and family entertainment to be held Saturday, October 1, 2022 and Sunday, October 2, 2022 from 10:00 am to 5:00 pm. (Applicant 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.
22. Public Hearing (Advertised; Abutters Notified)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Revision to the Comprehensive Community Plan.
The future land use plan, map L-4, of the Land Use element of the Middletown Comprehensive Community Plan is amended to bring consistency between the Future Land Use Plan and the Town’s Zoning Map for selected parcels fronting on Toni-Lynn Terrace and Reservoir Road, Subject parcels are identified on attached map. (Planning Board recommendation on file)
Public Hearing remains open.
There being no person present desiring to speak 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.
23. (Public Hearing Advertised; Abutters Notified)
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 Zoning Map to change the zoning district designations for certain properties fronting on Toni-Lynn Terrace and Reservoir Road. Subject parcels are identified on attached map. (Planning Board recommendation on file)
Public Hearing remains open.
There being no person present desiring to speak 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.
24. Public Hearing (Advertised; Abutters Notified)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Revision to the Comprehensive Community Plan.
The future land use plan, map L-4 of the Land Use element of the Middletown Comprehensive Community Plan is amended to bring consistency between the Future Land Use Plan and the Town’s Zoning Map for selected parcels fronting on Aquidneck Avenue, Browns Lane, Carriage Trail, Dexter Street, East Main Road, Fairway Drive, Goldenrod Drive, Green End Avenue, Johnson Terrace, Loring Street, Meadow Lane, Mitchell’s Lane, Morrison Avenue, Oakwood Road, Prospect Avenue, Ridgewood Road, River Run Road, Turner Road, Wayside Avenue, Wintergreen Drive, Wood Terrace and Wyatt Road. Subject parcels are identified on attached map. (Planning Board recommendation on file)
Public Hearing remains open.
Council President Rodrigues noted he lives on Prospect Avenue, explaining his lot is not included in this amendment.
Theresa Spengler, Middletown, addressed the Council requesting clarification of the change.
Town Planner Ronald Wolanski, responding to Ms. Spengler, explained that Low Density is R-60 and R-40, Medium Density is R-20 and R-30, High Density is multi-family. Mr. Wolanski noted there is no change to the zoning in these areas, the amendment is for consistency between Zoning and the Comprehensive Community Plan.
There being no other person present desiring to speak 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:43 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 8:52 pm.
ORDINANCE
25. 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 94 Streets, Sidewalks and public Places, is amended by adding a new Section 94.07 Esplanade Sidewalks.
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Theresa Spengler, Middletown addressed the Council inquiring if a sidewalk is broken, who is responsible for the repair. Ms. Spengler noted that if the Town installs the sidewalk, they should be responsible to maintain the sidewalk, including snow removal.
Town Administrator Shawn Brown, responding to Theresa Spengler, explained that the Town will repair the sidewalks and there is an ordinance that requires the property owner adjacent to the sidewalk to be responsible for clearing the snow.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
OTHER COMMUNICATIONS
26. Email communication of Vladimir Storozinsky, re: Requesting the Town to raise the Ukrainian flag on any of town’s buildings to simply send the message “We stand with Ukraine” and condemn Russian aggression.
On motion of Vice President Welch, duly seconded, to receive said email communication.
Town Administrator Shawn Brown addressed the Council noting that many cities and towns are flying the Ukrainian flag. Mr. Brown also noted that resident Carol Cummings has donated flowers and funding to purchase a Ukrainian flag. Town Administrator Shawn Brown explained that the flag will be flown in front of the Town Hall.
Council noted support for flying the Ukrainian flag.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
Council President Rodrigues recused himself from acting on the following item of business, due to a possible conflict of interest.
Vice President Welch Presiding.
27. Communication of Nicole H. B. Barnard, Attorney / Senior Staff Representative, AFSCME Rhode Island Council 94, American Federation of State, County & Municipal Employees, AFL-CIO, North Providence, RI, re: Request that some of the American Rescue Act funds go to the R.I. Council 94, Local 1823 members.( Members work in the Facilities and Maintenance Department at the Middletown Public Schools.)
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
Town Solicitor Peter B. Regan addressed the Council noting the request should be made to the School Committee, it is not appropriate for the Town Council to act on the matter.
Nicole H. B. Barnard, Attorney / Senior Staff Representative, AFSCME Rhode Island Council 94, American Federation of State, County & Municipal Employees, AFL-CIO, North Providence, RI, addressed the Council reviewing her email communication above.
Council President Rodrigues Presiding.
28. Communication of Nicholas Coogan Chairman, Open Space & Fields Committee, re: Request to present recommendations for possible sites for Futsal courts in Middletown.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Nicholas Coogan, Chair Open Space and Fields Committee addressed the Council presenting maps of Pottsy and Oliphant School Fields, which are on file in the Office of the Town Clerk. Mr. Coogan noted if the Town Council agrees to allow the futsal field to be placed on one of these properties, he will notify the organization.
Discussion centered around both sites have proposed future development discussions happening presently, the futsal field could start at Pottsy field and then move to Oliphant field, this field is no cost to the Town, it is a portable field, the program/use of the field would begin in November 2022 and the Town Solicitor will prepare an agreement, which will include insurance from the organization.
29. At the request of Council President Rodrigues, re: Email communication of David Travers request support for the Gaudet Boys Baseball and Girls Softball Teams.
On motion of Vice President Welch, duly seconded, to receive said email communication and authorize $800.00 for the Gaudet Boys Baseball Team and authorize $800.00 for the Girls Softball Team to be allocated from the Council President’s Discretionary Fund.
Council President Rodrigues noted that this request is for the purchase of warm up jackets.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and authorize $800.00 for the Gaudet Boys Baseball Team and authorize $800.00 for the Girls Softball Team to be allocated from the Council President’s Discretionary Fund.
TOWN COUNCIL
30. Memorandum of Councillor VonVillas, re: Impact and recovery of Covid-19 pandemic on library services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor VonVillas reviewed the memorandum above.
Theresa Coish, Librarian, addressed the Council thanking them for their support.
31. Memorandum of Vice President Welch, re: Proposed 2022 Ballot Question – Term Limits – Amends Article II, The Town Council, § 202. Qualifications of members; vacancy occurs if member becomes disqualified.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw this item.
32. Memorandum of Councill Flynn, re: Update Request ARPA PROJECTS.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum, above and noted supplemental information was received from the Town Administrator, entered here:
Town Administrator Shawn Brown reviewed the ARPA revenue and expense reconciliation, entered here:
Councillor Flynn requested that the Town Administrator add the ARPA Project to the monthly project list when he will update the Council at the first meeting of each month.
TOWN ADMINISTRATOR
33. Memorandum of Town Planner, re: 2022 RIDEM Open Space Acquisition Grant Award.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item.
34. Resolution of the Council, re: Authorizing the Town Administrator to accept the grant and execute all necessary agreements and provide required documentation to RIDEM, and authorizes the Town Council President to execute the required conservation easement, and allocates town matching funds in the amount of $200,000 from an Open Space Bond.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item.
35. 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.
36. 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:35 p.m.
________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri