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, January 3, 2022, 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 DECEMBER 29, 2021
REGULAR MEETING JANUARY 3, 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, January 3, 2022, 6:00 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)
On motion of Council President Rodrigues to reconsider, item # 30 “An Ordinance of the Town of Middletown (Second Reading), An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.70 Tax Classification System, from the December 2021, Regular Meeting of the Council.
Council President Rodrigues noted the reconsideration is for clarification to the amendment.
Town Solicitor Peter B. Regan explained that a provision was not stated during the final vote.
A vote was taken.
On motion of Council President Rodrigues, duly seconded, it was voted to reconsider, item # 30 “An Ordinance of the Town of Middletown (Second Reading), An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.70 Tax Classification System, from the December 2021, Regular Meeting of the Council; Vice President Welch and Councillor Santos voted NO to said motion.
On motion of Council President Rodrigues, duly seconded, it was voted to withdraw the motion to adopt said ordinance, as written with the following amendments, amending (A)(1)(a) to read after the word which on the second line “applications are to be filed every three (3) years” and removing the word “annually” from that sentence, and applications may be filed Between January 1st and May 1st; amending 4. To read “Applicants for the owner-occupied rate must reside at the subject property for more than six (6) months of the year, as amended; Vice President Welch and Councillor Santos voted NO to said motion.
On motion of Council President Rodrigues, duly seconded, to adopt said ordinance, as written with the following amendments, (a) amending Section (A)(1)(a) to read after the word which on the second line “applications are to be filed every three (3) years, and removing the word annually from that sentence, and that “all applications may be filed with the Tax Assessor’s Office between January 1 and May 1, 2022; (b) amending Section 4 to read “Applicants for the owner-occupied rate must reside at the subject property for more than six (6) months of the year; and (c) amending Section (A)(1)(c)(7) (iii) after the word “property” by removing the words “being rented, leased or otherwise”, as amended.
Town Solicitor Peter B. Regan reviewed the amended ordinance, noting the need for consistency throughout the ordinance.
A vote was taken.
On motion of Council President Rodrigues, duly seconded, it was voted to adopt said ordinance, as written with the following amendments, (a) amending Section (A)(1)(a) to read after the word which on the second line “applications are to be filed every three (3) years, and removing the word annually from that sentence, and that “all applications may be filed with the Tax Assessor’s Office between January 1 and May 1, 2022; (b) amending Section 4 to read “Applicants for the owner-occupied rate must reside at the subject property for more than six (6) months of the year; and (c) amending Section (A)(1)(c)(7) (iii) after the word “property” by removing the words “being rented, leased or otherwise”, as amended; Vice President Welch voted NO to said motion.
1. 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 noting concern with people making left hand turns from East Main Road into the Neon gas station. Ms. Spengler suggested signage for the area, “no left-hand turn”.
Council President Rodrigues requested the Town Administrator to review the zoning for any restrictions on that property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
2. Applications two (2) from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F-1 Alcoholic Beverage Licenses - (One Day Only License) for the same premises on the following dates:
Saturday, January 15, 2022 – 4:00 pm to 5:45 pm
Friday, February 4, 2022 – 5:30 pm to 8:00 pm
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said licenses.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Turano requested that items #6 & #7 be heard under the regular portion of the agenda.
3. (Continued from the Regular Meeting, December 20, 2021)
Approval of Minutes, re: Regular Meeting, November 1, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
4. (Continued from the Regular Meeting, December 20, 2021)
Approval of Minutes, re: Special Meeting, November 13, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
5. Approval of Minutes, re: Regular Meeting, November 15, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Communication of Alyson C. Adkins, VP of Finance and Human Resources, Discover Newport, re: Consolidated annual audit report for the years ended June 30, 2021 and 2020.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and report.
Councillor Turano, liaison for the Discover Newport Board, reached out to the Discover Newport to see if someone was available to review the Annual Audit Report. Mr. Turano noted that no one was available to be present at this time, the item may come back on a future docket.
7. Communication of Theresa M. Spengler, Chair, Middletown School Committee, re: Middletown Public Schools’ general operating fund is projecting a deficit.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano noted that residents were looking for an explanation regarding the communication above.
Council President Rodrigues noted that a month ago the school notified the Town of a potential deficit.
School Committee Chair Theresa Spengler was present to answer Council inquiries.
Discussion centered around that it is the School’s obligation to notify the Town of a potential deficit under RIGL, the School Department will have information for the Town Council regarding the deficit by the end of this month, and the five-day requirement under RIGL of notification of a deficit to the Town Council.
8. Communication of Charlie Roberts, Co-Chair, On Behalf of the Middletown Public Schools Building Committee, re: Requesting the Town Council to have a joint workshop on January 10, 2022.
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 have a joint workshop with the Middletown Public Schools Building Committee to be held at the Middletown High School Cafetorium on January 10, 2022, at 5:30 pm.
Discussion centered around the need for the Town Council to figure out what is affordable for the town, prioritizing the projects for the School Bond, reviewing the proposals from the Building Committee, the need for guidance from the Council to the Building Committee regarding the proposed bond amount and if the meeting is held at the Middletown High School it cannot be televised.
The motion above was withdrawn.
On motion of Vice President Welch, duly seconded, it was voted unanimously to have a joint workshop with the Middletown Public Schools Building Committee to be held at the Middletown Town Hall on January 10, 2022, at 5:30 pm.
Councillor Flynn recused herself from acting on the following item #9 of business, due to a possible conflict of interest.
9. Communication of Allyson M. Quay, Esquire, representing Terri and Michael Flynn, re: Request to make records public.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Discussion centered around that the response submitted to Attorney Quay was complete, the Town Council seals all executive session minutes and to allow this request to unseal the minutes would set a precedent.
On motion of Vice President Welch, duly seconded, to unseal all the Executive Session minutes pertaining to the Terri Flynn and Michael Flynn Property 34-38 Warren Avenue; Council President Rodrigues, Vice President Welch, Councillor Logan, Councillor Santos, Councillor Turano, and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
10. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.02, Exemption on Residential Property.
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Councillor Turano noted these ordinances change the exemptions for seniors, veterans, and the visually impaired.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
11. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.30, Real Property Exemptions. (Tax Exemptions for Veterans)
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
12. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.40, Property Exemption Defined. (Tax Exemptions for Blind Persons)
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
Town of Middletown – American Recovery Act – Project Priorities.
Public Hearing was declared open.
Council President Rodrigues reviewed the American Rescue Plan process, explaining to qualify for funding the projects must be covid related.
Finance Director Marc Tanguay noted the Town has received over 100 submissions to date and reviewed the timeline for the American Rescue Plan below.
American Rescue Plan (ARPA)
Public Hearing
▪ Middletown expects to receive $4,749,032 from the American Rescue Plan
▪ Reaching out for public input
• 100 ideas received to date
▪ Expenditure Categories
• Public Health
• Negative Economic Impacts
• Services to Disproportionately Impacted
• Premium Pay
• Infrastructure
• Revenue Replacement
• Administrative
American Rescue Plan (ARPA)
Public Hearing Timeline
Date Activity
09/07/2021 Timeline presented to Town Council
10/22/2021 First Notice for first public hearing in newspaper, social media, etc. for each meeting
10/29/2021 Second Notice for first public hearing in newspaper, social media, etc. for each meeting
11/01/2021 First public hearing
12/23/2021 First Notice for second public hearing in newspaper, social media, etc. for each meeting
12/30/2021 Second Notice for second public hearing in newspaper, social media, etc. for each meeting
01/03/2022 Second public hearing
01/07/2022 Deadline to receive public project ideas
01/18/2022 Council receives and transmits list of projects to Planning Board
02/09/2022 Planning Board meets to review and ensure projects are consistent with comprehensive plan
02/22/2022 Town Council receives list of projects from Planning Board
03/07/2022 Council decision to proceed with projects
12/31/2024 Due date to obligate funds
12/31/2026 Due date to spend funds
Jamie Lehane, CEO Newport County Mental Health, requested funding for the renovation of Newport County Mental Health’s facility at 65 Valley Road. Mr. Lehane explained funding was already requested for phase I of the project, but additional renovations to the facility is needed and requests $250,000.
Council President Rodrigues inquired if Newport County Mental Health is requesting funding for the project from other towns in Newport County.
Jamie Lehane, responding to Council President Rodrigues, explained that Newport County Mental Health is requesting funding from each Newport County community proportional to the number of residents. Mr. Lehane also requests the support of the Town for funding from the State ARPA funds to build a new mental health care multi-service center.
Dave McLaughlin, Clean Ocean Access, suggests utilizing funds to construct walking trails on the eastern section of Green End Pond and improvement of ocean access right of ways. Mr. McLaughlin also noted the need for transportation to the shoreline.
Chris Ogara, Middletown, suggested funding be used to make improvements to the Berkeley Avenue/Green End Avenue/Paradise Avenue intersection. Mr. Ogara noted the intersection is dangerous and needs safety improvements.
Art Weber, Middletown, Planning Board member, noted support of the Planning Board recommendation to install public water to the east side of town. Mr. Weber explained there are no fire hydrants in the area which is a safety concern, and there may be additional funding available through the President’s infrastructure bill.
Theresa Spengler, Middletown, noted she does not support town water on the east side of Town, explaining it is too costly for residents.
Discussion centered around the criteria to apply for the funding must be covid related, the deadline to submit suggestions is January 7th at 4 pm, the suggestions will be sent to the Planning Board to check for compliance with the Middletown Comprehensive Community Plan, if money can be utilized for stormwater infrastructure projects that meet funding criteria, and the economic impact on businesses that do not have employees due to the covid pandemic.
There being no other persons present desiring to be heard, public hearing was declared closed.
Vice President Welch noted the next step for the Council will be to receive and transmit the list of projects to the Planning Board.
14. (Public Hearing Advertised; Abutters Notified)
To discuss potential changes to Green End Avenue/Berkeley Avenue/Paradise Avenue Intersection. (Roundabout, Flashing Light – 4-Way Intersection).
Public Hearing was declared open.
Paul Croce, Middletown, noted he travels through this intersection often, explaining a flashing light would not improve the area. Mr. Croce explained a roundabout at the intersection would slow traffic and allow traffic to continue.
Sue Auriemma, Middletown, explained it is difficult to take a left turn onto Green End Avenue from Corey Lane. Ms. Auriemma supports a roundabout for the area, stating a roundabout would slow traffic and increase efficiency.
Chris Patsos, Middletown, explained that traffic travels too fast in the area and noted concern for pedestrians. Mr. Patsos supports a roundabout for the area, noting crosswalks and sidewalks are also needed.
Dan Glenning, Middletown, supports Chris Patsos’ comments, explaining the intersection is large with too much space and should be reduced. Mr. Glenning noted support for a roundabout, explaining a 4-way stop is not appropriate.
Melissa Grinnell, Middletown, explained she has addressed the issue regarding safety at this intersection with the Council previously. Ms. Grinnell supports changes to the intersection, noting she is happy it is being addressed.
Bill Lucey, Middletown, questioned the accident data for the area. Mr. Lucey suggests creating sidewalks on Paradise Avenue as a way to make the area safer.
Kevin Johnson, Middletown, noted he is also a traffic engineer, and the area would be a great fit for a roundabout which would calm traffic. Mr. Johnson suggested completing a traffic study in the area that could tie into the Maidford River project which is under way. Kevin Johnson offered the Town Council support and expertise to assist with the improvements to the area.
Donna Shoppell, Middletown, explained the need to do something in the area to slow traffic. Ms. Shoppell noted concern with pedestrians crossing the roundabout.
Maureen Aboyoun, Middletown, noted concern with the speed of vehicles on Green End Avenue, explaining there are many construction trucks that speed on Green End Avenue as well.
Charles Aboyoun, Middletown, explained the difficulty trying to get onto Green End Avenue with the speed of some of the traffic. Mr. Aboyoun noted a rotary would slow traffic down. Charles Aboyoun also suggested using speed tables and radar signs on Paradise Avenue to slow down traffic.
Lianna Ferreira-Fenton, Middletown, noted traffic on Berkeley Avenue travels too fast, explaining there needs to slow traffic on all roads in Town. Ms. Ferreira Fenton explained that since Turner Road no longer allows truck traffic, the trucks are now traveling on Berkeley Avenue.
Andrew Wesner, Middletown, noted support of a roundabout for the intersection, explaining speed signs do not work.
Kim Blass, Middletown, explained with increased traffic it is difficult to turn onto Green End Avenue from Compton View Drive. Ms. Blass suggests a simple inexpensive approach such as a stop light for the intersection, explaining she does not want the area to be like Aquidneck Avenue.
Anderson Reggio, Middletown, noted a roundabout is a sensible solution for the area, explaining the intersection is dangerous for pedestrians.
Stephen Stasiuk, Middletown, explained he has complained to the Middletown Police Department and supports a roundabout. Mr. Stasiuk noted speed is an issue in the area and supports enforcement by the police department.
Emily Tessier, Middletown, supports a roundabout for the area, noting concern for pedestrians and bicyclists. Ms. Tessier would like to see a better area to walk on for Paradise Avenue.
Theresa Spengler, Middletown, noted concern with safety at the intersection, explaining it is difficult to see when turning left from Paradise Avenue onto Green End Avenue. Ms. Spengler suggested a bike lane and sidewalk on Paradise Avenue. Theresa Spengler suggests a 4-way stop to slow traffic, explaining the intersection is too wide.
Kevin Johnson, Middletown, explained how a crosswalk can be added to a roundabout at the intersection and a bike lane is challenging for Paradise Avenue, due to lack of space.
Cynthia Simeone, Middletown, noted difficulty seeing clearly at the intersection, due to trees that block the view looking up Green End Avenue.
John Pearson, Middletown, noted concern with the condition of trees along Paradise Avenue. Mr. Pearson inquired about lighting for the intersection if a roundabout was installed.
Alan Levada, Middletown, noted support of a roundabout for the intersection to slow traffic and close in the intersection. Mr. Levada suggests speed tables and traffic cams for the area to slow down the speed of cars.
Melissa Grinnell, Middletown, supported the possibility of making changes to the intersection with the Maidford River project. Ms. Grinnell suggested using guardrails to narrow the intersection.
Pam Heroux, Middletown, noted support of a roundabout which would fit in the area. Ms. Heroux supports slowing traffic in the area to allow for safe biking to the beaches.
Chris Patsos, Middletown, noted the recent work of adding lines to the intersection did not work, explain a roundabout will address the issue.
Discussion centered around there is a lot of infrastructure work and capital needed to improve the intersection, traffic speed is an issue all throughout town, a roundabout is a good option for the intersection and would slow traffic down, the need to enforce speed in the area, short term solutions that can assist until a permanent solution is decided upon, and the need to complete an updated traffic study to proceed.
Charles Aboyoun, Middletown, explained that people run through stop signs, but cannot run through a roundabout.
There being no other persons present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:33 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 8:43 pm.
15. Communication of Council President Rodrigues, re: Linden Park in reference to affordable housing.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Council President Rodrigues reviewed the memorandum above, explaining that Frank Spinella is developing plans for housing on town properties. Council President Rodrigues noted if Linden Park is not going to be considered for housing, it does not make sense for Mr. Spinella to proceed with the drawings.
Discussion centered around when the Council developed their priorities list it did not include recreation, there is a limited number of areas in town for housing, there is a critical need for affordable housing, the total cost of drawings for Oliphant School, Berkeley Peckham School and Linden Park; the neighbors in the Linden Park area are not in favor of housing at the site, and the need to keep Linden Park for recreational purposes.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to limit the change order to 2 properties, Oliphant School and Berkeley Peckham School, and exclude Linden Park.
16. Memorandum of Council President Rodrigues, re: Hybrid Meetings.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the following:
Hybrid Meetings - Suggestions
• Use the Zoom platform to host the meetings – expect video and audio latency
• Limit hybrid participation to the 1) public forum (form required prior to meeting), and 2) public hearings (no form required)
o Allow people physically at the meeting to testify first o Adhere to time limits
o Allow the person to testify once – avoid discussion on multiple appearances
• Adjust after we see how it goes
Town Solicitor Peter B. Regan noted he will develop a policy to be added to the Council rules for consideration at the next Regular meeting of the Council January 18th, 2022.
17. Memorandum of Recycling Coordinator/Operations & Facility Manager, re: DSM Environmental Services, Inc.
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 that the Town hired DSM for the prior contract, they looked for changes and worked with Rhode Island Resource Recovery.
18. Resolution of the Council, re: Award of Contract to DSM Environmental Services, Inc. and authorizing the Finance Director to execute the contract.
On motion of Vice President Welch, duly seconded, to pass said resolution.
David McLaughlin, Clean Ocean Access, addressed the Council in support of the contract. Mr. McLaughlin suggested the Town Council consider adding composting as an option to Middletown Pay As You Throw users.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
19. Memorandum of Town Administrator, re: Out of School Program.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Assistant Superintendent Michelle Fonseca addressed the Council reviewing a PowerPoint presentation on the expanded Beyond the Bell Program, which is on file in the Office of the Town Clerk.
Discussion centered around the School Administration working with the Middletown Outreach Program, the School Department is currently using ESSER monies and grants to fund the Beyond the Bell program, the School Department is preparing the ESSER3 application now, accounting for the funding will be through the Town and School business offices, the increase educational needs of students due to COVID, the uncertainty of long-term funding for the program, transportation for students within the program, the Town not duplicating the Beyond the Bell Program, concern with lack of Guidance Counselors in the schools, concern with transitions of students to the high school and into college or workforce, the school being the grantee of funding and the town being the grantor of the funding and having a Memorandum of Understanding between the Town and the School for the funding.
Liana Ferreira Fenton, Member of the School Committee, addressed the Council noting concern with the expansion of affordable housing in Town, which may create a larger student population. Ms. Fenton is concerned with the funding the Town provided to the schools, explaining the need for consistent funding each year.
20. 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.
21. 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 10:24 p.m.
_____________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri