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, July 18, 2022, at 6:02 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Councillor Terri Flynn, Absent
POSTED JULY 13, 2022
REGULAR MEETING JULY 18, 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, July 18, 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: 874 8277 8923 or on the web at https://us02web.zoom.us/j/87482778923
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 (TEAMSTERS) and (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 6:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:42 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the NEARI Union fiscal impact statement.
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.
Melissa Welch and Karen Barbera, Middletown, addressed the Council noting their attendance at the West Main Road Development public meeting, where they and others provided input to the developers. Ms. Welch and Ms. Barbera suggest the Town Council create a Citizens Advisory Committee to gather input/suggestions from residents regarding the West Main Road project.
Antone Viveiros, Middletown addressed the Council requesting the cost for the school bond, what the tax increase will be and cost totals. Mr. Viveiros requests this information before he makes a decision in November.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
3. 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). (Council action to Advertise for public hearing and notify abutters).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, notify abutters and advertise for public hearing on August 1, 2022 .
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
4. Approval of Minutes, Special Meeting, June 9, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
5. Approval of Minutes, Special Meeting, June 15, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, Regular Meeting, June 20, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Application of Marshalls of MA, Inc. dba Marshalls #0798, 288 East Main Road, for a RENEWAL of a Holiday License for the 2022-2023 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
8. Application of West Marine Products, Inc, 379 West Main Road, for a RENEWAL of a Holiday License for the 2022-2023 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
9. Application of Stephen Charles Schwarz, Middletown, for RENEWAL of a Private Detective License for the 2022-2023 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
10. License of Burial, re: Marian Mellin Gomez, Grave 18, Section 16.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said license of burial.
11. License of Burial, re: Angelica Mandros, Graves 139 and 140, Section 16.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said license of burial.
12. Application for a Special Event from Susan Miguel for a Birthday Party Fireworks Display to be held on September 9, 2022 – around 8:10 pm for about 5 minutes fireworks display for a private birthday party to be held at Kempenaar’s Clambake Club, 323 Valley Road.
On motion of Vice President Welch, duly seconded, to approve said special event permit.
Vice President Welch requested that signage be placed in the Kempenaar Valley Park to alert people walking dogs that there will be fireworks.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said special event permit.
13. Application for Special Event Permit from Carl Sylvester, Bike to the Beach, Inc. for Bike to the Beach – New England 100 Mile charity bike ride from Boston, benefiting Autism service providers, to be held on Saturday, September 17, 2022 beginning at 12:00 pm to 4:00 pm – Route through Middletown (Old Mill Lane, Indian Avenue, Hanging Rock Road, Paradise Avenue, Tuckerman Avenue, Purgatory Road, Crescent Road and Aquidneck Avenue).
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said special event permit.
14. Application for Special Event Permit from East Bay Community Action Program for Molar Express, Dental visits for children 2-21, free care for uninsured to be held Tuesdays, August 2nd, 9th, 16th, 23rd and 30th, 2022 from 8:00 am to 5:00 pm at Linden Park. (Applicant requesting all fees to be waived)
On motion of Vice President Welch, duly seconded, to approve said special event permit and waives said fees.
Council President Rodrigues noted the support for the program and requested notification of the event be placed on the Town’s website.
A vote was taken.
15. Application of the Town of Middletown for Special Event Permit for the Monday Night Music Series - Live Music, Firepits, Food Trucks to be held on Mondays, August 1st, 8th, 15th, 22nd, 29th, 2022 beginning at 6:00 pm to 9:00 pm at Sachuest Beach; August 29, 2022 includes Fireworks. (Town Event all fees to be waived)
On motion of Vice President Welch, duly seconded, to approve said special event permit and waives said fees.
Council President Rodrigues noted the family nights are a fun filled community event.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said special event permit and waive said fees.
16. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Planning Board Decision – Proposal to amend the Middletown Comprehensive Community Plan, Housing Element to document implementation activities. (Requires Advertising for a future Public Hearing)
On motion of Vice President Welch, duly seconded, to receive said memorandum and advertise for a future public hearing.
Town Planner Ronald Wolanski reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.
17. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Potential amendments to the Middletown Zoning Ordinance, Article 13 – Off-street Parking and Loading. Proposed amendments to modify the minimum off-street parking requirements throughout the town. (Requires Advertising for a future Public Hearing)
On motion of Vice President Welch, duly seconded, to receive said memorandum and advertise for a future public hearing.
Town Planner Ronald Wolanski reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.
18. Communication of Council President Rodrigues and Councillor Logan, re: Pickleball - Plan that was presented for Linden Park and next steps.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Logan reviewed the Pickleball request.
Ron Heroux, Middletown, addressed the Council noting support for pickleball courts at Linden School property. Mr. Heroux also suggested adding tennis courts at the same time as the installation of pickleball Courts, two tennis courts, and two pickleball courts. Ron Heroux offered assistance with the project.
Discussion centered around that futsal and pickleball do not use the same playing surface, there are pickleball courts at Bayridge but only for resident use, the Town Administrator will review the cost of the pickleball project, if the Council wants the entire Master Plan for Linden Park or just a portion, relocating recreation fields due to the drive-in property may be used for the school project and the price for four pickleball courts at Linden park.
Fred DeFinis, Middletown, addressed the Council explaining that the pre-covid cost for four pickleball courts was approximately 120K.
Town Engineer Warren Hall was present for Council inquiries regarding Linden Park.
Discussion centered around the Linden Park field space, the courts will be paid for with a recreation bond, upgrading the playground, a port-a-john being place at the field, going out to bid quickly, construction in early spring, the cost of completing the project in one or two phases, the need to create an additional playing field if Potsy Field is redeveloped, sound reduction products for the pickleball courts and the Administration will begin to put a bid package together.
Ron Heroux, Middletown, addressed the Council suggesting five tennis courts at Gaudet be used for pickleball during the summer and use Howland Park as a temporary site. Mr. Heroux noted that one tennis court can handle three pickleball courts.
Karen Barbera, Middletown, inquired if the plan for Linden Park would include replacement of the existing playground.
Town Administrator Shawn Brown, responding to Ms. Barbera, noted the plan would include replacement of the playground.
19. Memorandum of Councillor Flynn, re: West Main/Coddington- Discuss the West Main/Coddington proposal as a ballot item.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Valerie Gelb, Middletown, read the following into the record for Councillor Flynn:
We have all heard from the developer team about how excited they are about this project.
That isn’t quite the same sentiment of the close to 100 inputs received on the proposal.
Attorney Galvin suggested at the June 29th meeting that those Middletown residents & organizations, who have taken their time to attend and speak at a meeting, or submit online comments, or send emails, should be categorized as a minority, since the numbers reflect such a small percentage of the total population. This is most interesting because if the message from the 100 echoed as much excitement as the developers have for this project, Attorney Galvin would be lauding that Middletown residents are in total support of the proposal, using the public input as a favorable argument, instead of trying to discount it.
Honestly, council rarely hears from 1 or 2 members of the public on any given issue…unless it is a really important one. One hundred comments, testimonies and responses, which does not even include the phone calls councilors get, does indeed indicate how important this issue really is to Middletown citizens. It is community-changing.
This request, for discussion to put the issue on the November 8th ballot, was actually inspired at the June 29th meeting when it was noted that council decisions are made to try to satisfy the most people and that it would be costly to try to get the whole populations’ input.
How convenient there is an election coming up and there is no cost to adding one more question to the ballot. This is a win-win for Middletown Voters: the Voters get to decide and it doesn’t cost them a dime!
Council is moving forward with a ballot question for Regionalization with much more data discovery to do on that issue…. The West Main/Coddington proposal is also in flux. However, it is much further along, as the developers have run their preliminary numbers, and revised their plans, and have stated where they will not flex. So why not ask the Voters: Shall the West Main/Coddington development go forward as proposed?
To Summarize:
>Just like Regionalization of the schools and the Marijuana Opt-Out, this is a community-changing issue w/ long-term impact.
>There is an election coming up, and there is no cost to add a question to the ballot to let the Voters decide.
>Given the sentiment of the public input to date, and similar outstanding work of another ballot question (Regionalization), the opportunity to put this issue to the Voters seems the logical, and the right, thing to do.
REQUESTED MOTION:
“To direct the Solicitor to compose a ballot question for the West Main/Coddington property for presentation to the Council at their August 1st meeting.”
BALLOT QUESTION EXAMPLE:
Q: Shall the West Main/Coddington development go forward as proposed?
The proposal details: 30,000 square feet single story retail/restaurants, 150 units of 80%-120% median income 3-4 story affordable housing (47,000 square feet/story), a 4-story 144-room hotel (22,000 square feet/story), 1-2 story library/cultural center (12,000 square feet/story), 1 acre green space, and elimination of Pottsy Field.
Summary: The proposed development will provide annual revenue to Middletown in the form of land lease payments, property taxes and room and meals taxes from retail, a 4-story hotel, and 80% to 120% median income affordable housing, and includes 1 acre of open space.
Lawrence Frank, Middletown, read the following into the record:
From the July 15 issue of the Providence Journal:
“Rhode Island is a stronger state when every Rhode Islander can access affordable housing. When everyone can find safe housing, it makes Rhode Island an attractive place to live and work – allowing us to invest our tax dollars in education, economic development, infrastructure and other initiatives that expand the economy.”
So wrote Julie Duffy , the chair of Crossroads Rhode Island’s board of directors.
Unfortunately, access to affordable housing is not a priority for this and previous town councils. The town has an affordable housing committee. It last met 3 months ago. This is not a serious effort but rather a transparent PR stunt in attempt to mollify those who understand the pressing needs of the town.
Last year, the town was presented with a comprehensive plan to develop the land surrounding the Peckham school into affordable housing. It went before the council. Then, nothing.
Linden Park is an ideal place to build affordable housing. It should come as no surprise that in town's disregard for housing they are instead proposing building pickle ball courts.
The latest outrage is the proposal for the development of the town owned property on West Main Road. The developers, as required by law, have committed to build 15 “affordable” apartment units. In their quest to milk as much money as possible out of this project, they have included a large hotel in their plans. No matter that neither the RFP nor the Comprehensive Plan make any mention of a hotel.
The developers presented lots of pretty pictures of their project. Missing was any image of their hotel. No matter, the council was mesmerized by the shiny baubles that made their way into the presentation. The council vice president, happily noted the planned esplanade sidewalks. However when a citizen made note of the true lack of affordable housing, and other defects with the plan, the best the vice president come could up with was a rude and snarky comment directed a the person speaking.
All too often this is how this council operates.
It is time the ditch this project. It is not in the best interests of the town. There is another way.
Dakota Partners, Inc. is a real estate developer and builder that acquires and develops multi-family rental communities and for-sale projects across New England and the mid-Atlantic. They just completed 96 one- and two- bedroom apartments in East Greenwich. “ Prior to this project, there was virtually no affordable housing in East Greenwich – the wealthiest municipality in Rhode Island with a median household income of $130,000.
This development will now provide safe and comfortable homes to individuals and families who might otherwise be priced out of this neighborhood.” “The rent on a two- bedroom apartments for most of units will be $1,084 and $903 for most of the one- bedroom units”.
This is what is needed here.
The town council needs to cease its appeasement of real estate and special interests and address Middletown's most pressing need, truly affordable housing.
Christopher Bove, Middletown, addressed the Council noting concern with the project and stating the need for affordable housing in town. Mr. Bove explained that Middletown Schools has the second highest homelessness rate in the state. Christopher Bove noted it is upsetting that the Town would consider adding a hotel when the Town is not in compliance with the state statue for affordable housing. Mr. Bove urged the Council to place the Middletown Center Project on the November Ballot.
Vanessa Ellermann, Middletown, requested the Council to place the Middletown Center Project on the November ballot, expressing the need for public input. Ms. Ellermann noted the current library is too cramped and there is a shortage of affordable housing in the Town. Vanessa Ellermann explained placing the question on the ballot would not cause a delay in the project and would be in good faith and transparent.
Antone Viveiros, Middletown, noted support for the Council to place the question on the ballot about the Middletown Center Project. Mr. Viveiros explained that there is no cost to place the question on the ballot and there has not been that much input from the residents regarding the project.
Emily Tessier, Middletown, noted that a majority of residents are not in favor of the construction of a hotel and there is a need for additional affordable housing in the Town. Ms. Tessier explained West Main Road is dangerous and urges the Council to place the question on the November ballot.
Ron Heroux, Middletown, explained the issue is too big for just the Planning Board and the Town Council to decide and suggested the placement of the question on the ballot.
Linda Finn, Middletown, addressed the Town Council, explaining this is an important issue in the Town. Ms. Finn noted of the 119 responses regarding the project, 94 were opposed and specifically 60 were opposed to the construction of a hotel in the area. Linda Finn explained the proposed housing in the project is not affordable work force housing for people working in the area. Ms. Finn suggested reviewing the original 2014 plan for the area and consider other ideas to include additional open space and housing.
Nan Heroux, Middletown, addressed the Council, requesting the project concept be placed on the November Ballot, explaining a Town Center should serve the needs of the Town. Ms. Heroux noted Middletown has the second highest number of homeless students in the state and the Town is not in compliance with the required number of affordable housing units. Nan Heroux explained the importance of the library to students and an additional hotel is not needed.
Mark Donahue, Middletown, noted support of placing the project concept on the November ballot, stating he has similar concerns as stated previously. Mr. Donahue supports the need for additional open space.
Discussion centered around forming a committee for citizen input on the project, other areas in town are better suited for open space, the need for a study of financial input for the project, the decision of the project is up to the Council, the developer has made adjustments to the project, the need to replace the library, the need for more information on the project before a decision can be made, if the question is appropriate to place on the ballot for voter approval, the Council is elected to make decisions on behalf of the residents, the need for balanced economic development, the need for additional affordable housing in the Town, and the Town cannot afford to construct the project without the assistance of a developer.
Town Solicitor Peter Regan addressed the Council noting the Town has entered into an exclusive agreement with the developer, which includes a public engagement process. If the Town agrees to the financial terms and zoning changes, then the Town Council will enter into a binding agreement with the developer. Mr. Regan noted it is not appropriate for the project to go on the November Ballot given the terms of the agreement.
Valerie Gelb, Middletown, inquired about the land allotted in the agreement for the construction of a new library.
Town Solicitor Peter Regan explained the construction of the library is part of the review and negotiation process, explaining it is a collaborative process.
Lawrence Frank, Middletown, noted the Town should give the developer an amount of needed affordable housing units for the project.
20. Memorandum of Town Administrator, re: Proposal from CIVIC for Educational Facility Planning.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Mr. Brown noted that the funding is reimbursable if the school bond passes, and the funding is allocated from the Capital Improvement program.
On motion of Vice President Welch, duly seconded, it was voted unanimously to hire Manuel Cordero of CIVIC, Inc. to provide services to the town and school district for education facility planning, including community engagement meetings and support for information campaign for a bond referendum.
21. Application of one (1) member to the Conservation Commission for a term expiring July 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint James C. Gedney for a term expiring July 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:52 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri