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 in person and by telephone conference call/webinar, on Monday, August 1, 2022, at 6:11 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 JULY 27, 2022
REGULAR MEETING AUGUST 1, 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, August 1, 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, 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: 846 0628 8050 or on the web at https://us02web.zoom.us/j/84606288050
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), (2) Collective Bargaining (NEARI), - 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 6:12 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the NEARI July 1, 2022 to June 30, 2025 union contract and authorize the Town Council President to execute.
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. 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. Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the update on Town Projects.
Town Administrator Shawn Brown reviewed updates on the following projects: Affordable Housing, Middletown Center Project, Green End Avenue Roundabout, repaving and road repairs around town, tax reform- Tiered tax program, Middletown Outreach programs, Public Safety Mini-Camp with the Fire and Police Departments, School Building Committee, Town IT projects, Bond Infrastructure repairs in the Birchwood area, Pickleball Courts at Linden Park, Keeping Middletown Clean, Water issue projects with the Maidford River, Short Term Rental enforcement, Build out study recommendations, school performance audit, upcoming regionalization meetings, marijuana question on the ballot, and planning board recommendations.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
4. (Public Hearing Advertised; Abutters Notified)
Application of Wanumetonomy Golf and Country Club, Inc., holder of a Class D Alcoholic Beverage License for premises located 152 Brown’s Lane, Middletown to expand the area of service of said license to include a newly constructed patio area (77 seats for dining and 40 seats for lounging for a total of 117 seats).
Public Hearing was declared open.
Attorney Robert Silva, representing Wanumetonomy Golf and Country Club, noted expansion request is to cover the newly constructed patio at the country club. Mr. Silva explained the existing liquor license covers the golf course and club house.
There being no other persons present or on zoom desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said expansion of license.
5. Application of Norman Bird Sanctuary, 583 Third Beach Road, for a Class F Alcoholic Beverage License (One day only license) for Beach Bash, Norman Bird Sanctuary private beach on Third Beach Road to be held on Thursday, August 18, 2022 from 5:30 pm to 8:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the August 15, 2022, regular meeting.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Flynn requested that item number #8, be heard under the regular portion of the agenda.
6. Approval of Minutes, Special Meeting, June 23, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, Special Meeting, June 29, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, Regular Meeting, July 5, 2022.
On motion of Vice President Welch, duly seconded, it was voted to approve said minutes; Council President Rodrigues, Vice President Welch, Councillor Logan, Councillor Santos, Councillor Turano and Councillor VonVillas voted YES; Councillor Flynn abstained, due to not attending the July 5, 2022 Regular Meeting.
9. License of Burial, re: Nicole Allen – Section 16, Graves 372 and 373.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of Burial.
10. Application for Special Event Permit from Ben Mercer for the Audrain Tour d’Elegance on Saturday, October 1, 2022 from 5:00 am to 8:00 am, Second Beach Parking lot, Event starting point for the annual Audrain Tour d’Elegance, about 150 cars will gather for coffee and donuts prior to departing on a 60-mile drive.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
11. Resolution of the Council, re: Authorizing submission of proposed City of Newport and Town of Middletown Establishing a Regional School District and Providing for State Aid Bond question to the Secretary of State for inclusion on the November 8, 2022, General Election Ballot.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Councilor Flynn stated that she favors having the voters weigh in on any issue when it is practical and possible and noted the following: it needs to be clear to the voters that it is unprecedented for a council to approve a Regionalization issue for a ballot without the research being completed; the RIDE consultants emphasize that there is potential but no guarantees or promises; the consultant’s district comparables to date use just one criteria: a student population of 4000; the consultant’s outreach meetings are recorded for public review and conversations at the July 25, 2022 meeting included attaining more efficiencies with just one high school instead of two and displacing Thompson Middle School students to create senior housing. Consequently, the voters need to be aware that when they vote, the proposals they are looking at today may not be what actually happens in the evolving Regionalization.
Discussion centered around the ballot question would have to pass in both communities for regionalization to happen, the need to discuss what educational opportunities would be available to both communities, the need to identify further financial savings, and encouraging the voters to be educated on the ballot questions.
At vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
12. Resolution of the Council, re: Authorizing submission of proposed School Construction/Renovation/Improvement/Repair/Landscaping/Furnishing and Equipping of New Schools Throughout the Town in the amount of $235,000,000 Bond question to the Secretary of State for inclusion on the November 8, 2022, General Election Ballot.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Councilor Flynn noted the council received new financial information at the start of tonight’s meeting and pointed out: at council's January 18, 2022 meeting a proposed $3.3 Million annual debt service for school buildings would maximize the town’s borrowing capacity and was described by the Town Administrator as a "bold move,” yet the information received just this evening shows this bond would have a $3.6 Million annual debt service - nothing has changed: similar/a bit more annual debt service is still a “bold move,” maximizing the town’s borrowing capacity so if the town needs something it will be more difficult; she will send it to the voter and asks council and Middletown citizens to really look at this ballot item, know what they are voting for, and understand exactly what they are getting into.
Discussion centered around the original school construction plan was only a band-aid to repair the current school buildings and was rejected by RIDE, the new school building plan would replace all the existing school buildings, reimbursement from the state for construction of new school buildings would be at 80.5%, and the maintenance and condition of current school buildings.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
13. Resolution of the Council, re: Authorizing submission of proposed Marijuana (Cannabis Licenses In Middletown) question to the Secretary of State for inclusion on the November 8, 2022, General Election Ballot.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Solicitor Peter Regan reviewed the General Assembly authorized the retail sale of recreational marijuana, explaining cities and town must place a question on the ballot to opt out of the recreational sale of marijuana. Mr. Regan explained there are a limited number of retail sales permits, which will be issued by the state by region. Town Solicitor Peter Regan noted the recommendation is to authorize the administration to prepare a draft ordinance to restrict marijuana sales in town, if the ballot question failed to pass in November. Mr. Regan explained the ballot question was within the State Legislation, the wording cannot be changed.
Councilor Flynn reminded the council that the Middletown Prevention Coalition fully vetted this issue resulting in the town's current ordinance which allows limited locations for the wholesale activities of cultivation manufacture and testing while prohibiting retail sales which statistically puts Middletown youth most at risk for access.
Discussion centered around the clarity of the ballot question, which was written by the State; if retail sales are prohibited, the town will receive no tax revenues, and the Department of Business Regulation will oversee the sale of marijuana in the State.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
14. Communication of Vice President Welch, re: Discussion of creating a Citizens Advisory Committee (CAC) to work on the Middletown Center.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Vice President Welch reviewed his communication above, suggesting the committee could also be utilized for input on other areas of town as well. Vice President Welch explained that he reviewed the request with the Town Solicitor and Town Administrator, and they see no conflict with the formation of the committee.
Councilor Flynn clarified that the council and the citizens continue to have the authority to input and negotiate on all pieces of the developer’s proposal and recommended the new advisory committee create and use an email list, along with meeting notices required by Open Meetings Law, to directly notify those interested of the meetings.
Discussion centered around the committee would be advisory in nature to suggest improvements and revisions to the Middletown Center Project, the committee is another way to get public input on the project, the number of committee members should be between 5-7 people and advertising for the committee members.
Melissa Welch, Middletown, addressed the Council in support of the formation of a citizens advisory committee, noting the need to set timelines and goals for the committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to create and authorize the Town Clerk advertise for a Citizens Advisory Committee, up to seven members for the West Main Road Project.
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, 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 7:36 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri