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
Councillor Terri Flynn, joined by zoom
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Vice President Thomas P. Welch, III, Absent
Councillor Christopher M. Logan
POSTED MARCH 2, 2022
REGULAR MEETING MARCH 7, 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, March 7, 2022, at 6:00 P.M. Executive Session; Presentation Immediately following 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 19, 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 7158 7161 or on the web at https://us02web.zoom.us/j/82671587161
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)
February 7, 2022, Minutes:
31. Memorandum of Town Administrator, re: Comprehensive Plan – Proposed amendments for Housing Element section.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Town Solicitor Peter B. Regan noted the more detailed and more up to date the affordable housing plan is within the Comprehensive Community Plan, it puts the Town in a better position legally to defend any decisions that might be made by the Planning Board, where they either reject a project or reject a part of an affordable housing project.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to forward this draft to the Planning Board to take the next step.
March 7, 2022 – Regular Meeting
Council Flynn noted the following:
On the Feb 7 Docket, Item #31 was proposed amendments for the Housing Element section in the Comprehensive Plan. Part of the conversation was that amending the Comprehensive Plan would be a 4-to-5-month process. I made the motion to simply forward this draft to the Planning Board to take the next step and neglected to include the timeframe for completion. This is important because that amendment will help strengthen Middletown’s affordable housing application, which is due this December. This does make it a time-sensitive action item. If the application is not as strong as possible and the application is not approved, Middletown waits until Dec 2023, another whole year, to apply for funding.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to reconsider item #31 Comprehensive Plan proposed amendments for the housing element section, from the February 7, 2022, agenda.
On motion of Councillor Flynn, duly seconded, it was voted unanimously, to amend the original motion to forward this draft to the Planning Board to take the next step, by adding with a six-month time frame to complete the Comprehensive Plan amendment by August 30, 2022.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to approve the amended motion.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) Land Acquisition - review, discussion and/or potential action and/or vote in executive session and/or open session.
ADDENDUM – POSTED- MARCH 3, 2022
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a) (1) Collective Bargaining and (2) Potential Litigation.
On motion of Councillor Santos, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:06 p.m.
On motion of Councillor Santos, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 7:20 p.m.
On motion of Councillor Santos, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
Items #2 through #34 were continued from the February 22, 2022, Regular Meeting
Councillor Flynn requested that item #48 be addressed at this time.
Item #2 was acted on after item #48.
2. Memorandum of Vice President Welch, re: Community Choice Aggregation (CCA) for Bulk Energy – Sara Porier and Susan Adie will present a brief PowerPoint on how CCA works in other communities, how the plan is developed and implemented.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Susan Adie, Middletown, addressed the Council thanking them for the invitation and for giving them a chance to share with information about Community Choice Aggregation (CCA). Ms. Adie said they were here to discuss renewable energies in the form of community choice aggregation program, which is an opportunity for Middletown to participate in a program with our neighboring communities. Ms. Adie explained among other benefits, this program would be in line with the Rhode Island Act on climate legislation, and reduce our dependency on fossil fuels, which has become more important to each one of us today. Susan Adie noted that the Council will receive more information about CCA and requested support for the resolution for the research and development of this program.
Jamie Rhodes, North Smithfield, representing Good Energy, addressed the Council reviewing a PowerPoint presentation about Community Choice Aggregation (CCA), which is on file in the Office of the Town Clerk.
Sean O’Connor, Newport, addressed the Town Council noting he has been on the City of Newport Energy and Environment Commission for two years. Mr. O’Connor explained the process that the city followed to implement CCA.
Sara Porier, Middletown, addressed the Town Council thanking them for taking time to consider the information presented about Community Choice Aggregation and the experience that Newport has had in setting up their own program. Ms. Porier requested the Council to support the resolution to explore the CCA.
3. Resolutionv of the Council, re: Authorizing the Town Administrator to research and develop a plan to aggregate the retail electric loads within the Town through a CCA program in accordance with the Act; Authorizing the Town Administrator to engage a consultant with experience in developing and administering CCA programs to assist the Town in the creation and operation of an aggregation plan and CCA program provided that the Town shall not be required to draw upon the General Fund to compensate such consultant; The Town Administrator to provide regular updates to the Town Council regarding the development and administration of the aggregation plan and CCA program, including the presentation of a plan for public hearing and final approval, and Authorizing the Town Administrator to enter into contracts, consistent with state and local laws related to purchasing, implement such aggregation plan and CCA program independently, or in joint action with other municipalities in the state, and to execute all documents necessary to accomplish the same.
On motion of Councillor Santos, duly seconded, it was voted unanimously to recess this meeting at 7:59 pm.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to reconvene this meeting at 8:11 pm.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
4. 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.
5. Approval of Minutes, re: Regular Meeting, January 18, 2022.
On motion of Councillor Santos, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, re: Regular Meeting, February 7, 2022.
On motion of Councillor Santos, duly seconded, it was voted unanimously to approve said minutes.
7. Application of Marc Milici dba Troubled Soul & Company, LLC, 999 West Main Road, for RENEWAL of a Tattoo License for the 2022-2023 licensing year.
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said license renewal.
8. Application of Laurin Enterprises dba Gold’s Auto Wrecking Co., 113 Fenner Avenue for RENEWAL of a Junk Dealer’s License for the 2022-2023 licensing year.
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said license renewal.
9. Email communication of Karen Day, re: Two (2) Memorial applications – 1) Proposal for a memorial tree and plaque for Paul G. Healy to be placed in Valley Park and 2) Proposal for a memorial tree and plaque for Kim Cataldo to be placed in Valley Park. (Approved by the Citizens’ Memorial Committee)
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said email communication and approve both Memorial applications; 1) For Paul G. Healy and 2) For Kim Cataldo.
10. (Continued from Regular Meeting February 7, 2022)
Memorandum of Finance Director, re: Financial Report – Six Months Ended December 31, 2021. (The Administration requests this item to be withdrawn)
On motion of Councillor Santos, duly seconded, it was voted unanimously to withdraw this item at the request of the Administration.
11. Memorandum of Finance Director, Thru Town Administrator, re: Memorial Boulevard Project Change Order. (The Administration requests this item to be withdrawn.)
On motion of Councillor Santos, duly seconded, it was voted unanimously to withdraw this item at the request of the Administration.
12. Resolution of the Council, re: Memorial Boulevard Change Order – Funding for the proposal is to be from the Series 2018A Rhode Island Infrastructure Bank (RIIB) bond with credit available of $952,108.43 and $109,391.57 from the sewer fund and authorizing the Town Administrator to execute agreements of behalf of the Town. (The Administration requests this item to be withdrawn.)
On motion of Councillor Santos, duly seconded, it was voted unanimously to withdraw this item at the request of the Administration.
13. Application for Special Event Permit from Elevate Fitness for Elevate Fitness Beach Boot Camp at Second Beach (Surfer’s End) and/or Third Beach (Tuesdays and Thursdays) from Memorial Day 2022 to Labor Day 2022, from 5:30 am to 7:30 am.
On motion of Councillor Santos, duly seconded, to grant said Special Event Permit.
Discussion centered around the location of the Boot Camp and the Town Administrator would provide more specifics regarding the class location.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said Special Event Permit.
14. (Continued from the February 22, 2022, Regular Meeting)
Memorandum of Town Planner, thru Town Administrator, re; PY2020 &2021 CDBG Application – 2nd Public Hearing.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
15. (Continued from the February 22, 2022, Regular Meeting)
Public Hearing (Advertised; Second Reading)
Town of Middletown PY2020 & 2021 CDBG Application – Small Cities Community Development Block Grant for certain projects. Statewide approx. $13 million available to undertake a range of activities including:
a) Improved housing opportunities for low and moderate-income families and individuals.
b) Provision of employment opportunities for low and moderate-income individuals.
c) Provision of community facilities and services principally benefiting low and moderate-income families and individuals.
Public Hearing was declared open.
Christine Nolan, Executive Director, Community Blessing Foundation, addressed the Council reviewing the communication, entered here:
Senator Louis P. DiPalma, addressed the Council in support of the Community Blessing Foundation request. Mr. DiPalma noted that he is working to get the Community Blessings Foundation additional funding from the state.
Edward McPherson, representing Newport County Mental Health, addressed the Council thanking them for consideration, explaining the funding will provide additional affordable housing options.
Councillor Turano noted support explaining resources should collaborate and work together, not overlap programs/services.
Councillor Flynn inquired the amount for Housing Rehabilitation Program – Focus on lead-based paint hazard reduction Amount to be determined.
Rain Dougherty, Program Director, Church Community Housing Corporation, addressed the Town Council responding to Councillor Flynn, explaining it is a lead abatement program, noting it is a two-step application, Phase II will have the funding amount. Ms. Dougherty explained this would be approving the program in general, Phase II is the qualifying income of the homeowner.
There being no other person’s present desiring to be heard, Public Hearing was declared closed.
16. (Continued from the February 22, 2022, Regular Meeting)
Resolution of the Council, re: FY2020 & 2021 Application – Small Cities Community Development Block Grant (CDBG) – Approving the prioritized list of projects for submission with the Town’s PY2020 & 2021 CDBG application.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
17. (Continued from Regular Meeting, February 7, 2022)
Memorandum of Councillor Flynn, re: School Building Repairs/Municipal Outreach Department - Room Fee/Tax.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn presented a PowerPoint presentation, which is on file in the Office of the Town Clerk. Councillor Flynn noted the following:
This is continued from February 7th, and I want to recap very quickly from that meeting. This idea was presented for a hotel, motel & short-term rental Room Fee
to help cover the cost of repairs to Middletown school buildings and to fund Middletown’s new Outreach or Children, Youth & Learning Department. The concept evolved from a couple of years ago when the town was facing the firefighter arbitration and fire dept expansion. Now, Middletown is staring-down-the-double-barrel of COVID learning-loss-and-toxic-stress across the entire community and enormous school building repair costs. This spreadsheet that you see on the screen was presented on Feb 7th, at council’s last meeting when the concept was being reintroduced and it provides different scenarios of revenue streams using a Room Fee. It is a very simple example for illustrative purposes only. [[Power Point Slide 1/Describe]] The idea with laying this out is that every little bit counts. Even at the $365K revenue scenario, that would pay for what the council just funded for the expansion of the after-school program for the School Department.
At the meeting on February 7th, the Town Council members were asked to get input from Middletown’s legislators, businesses and residents and I’m here to report on all three and I’m sure my colleagues also have input to share and that’s what tonight is all about.
It’s not surprising that the residents that I spoke to, and heard from, support this idea because the negative impacts from COVID across the community have been astounding. The new Department of Children, Youth & Learning has already been a bridge of collaboration with the School Department, and it is available to community members that don’t have students at home & are not part of the School Department’s "families that are served.” Having a municipal department like this poises Middletown for additional & available ARPA and State funding, so as a community, Middletown can address COVID learning loss and toxic stress and help teachers right now by getting students ready to learn so they can do their job and teach, and our youth can catch up. That’s the immediate need, one of the many. The Town Council and residents know the school buildings have an enormous price tag. The $90 million school bond presentation by the School Building Committee would come with upwards of a 10% tax increase. Even if it were a $60 million bond or a $30 million bond or a $20M bond, like Portsmouth voters recently approved, Middletown taxpayers are going to have to pay for it.
Now some in the hospitality industry counter-suggested an expansion of the Meal-and-Beverage tax. However, if the Meal-and-Beverage tax were expanded or increased: Middletown taxpayers will still end up paying: any time They go out to eat. With a Room Fee, Visitors staying in the area will pay, just a small pittance, to provide some relief to the Middletown taxpayer. At the lowest scenario, $1/room/night for a week’s stay is a total of $7, the amount of one single drink for the whole week. Even the highest scenario, $5/room/night for one-week totals $35, the amount of a single dinner of a week's visit.
These really don’t seem like the amounts that will prevent Visitors from visiting. The advantage of a using a flat fee rate over a percentage rate, whether it is increasing the Meal-and-Beverage or an increase in the Hotel Tax is transparency and predictability.
Now these are two criteria for Sound Tax Policy, and a Flat Fee allows Visitors to easily calculate the amount In Advance, so the total is known before they get the final bill.
In addition, Representative Terri Cortvriend was kind enough to set up a zoom call with myself, her and Sarah Bratko, of the RI Hospitality Association. We discussed industry data points and the issues Middletown faces. The next slide I am going to put on the screen summarizes the key points of that discussion [[Power Point Slide 2]]:
--There have been efforts in the past for dedicated revenue streams, but they have been for percentage increases of existing taxes...This is a FLAT FEE, I can’t stress that enough. It’s very different, it’s not a percentage, as explained earlier.
--On the next line: We discussed that Newport and Middletown are experiencing better hospitality recovery than other communities, though, certainly as would be expected, not at pre-COVID levels; no one is arguing that...and this proposal –to point out- includes not just hotels and motels, but also short-term rentals/and even 2 years ago, this proposal included short-term rentals.
--The Third Line Down: Line-item charges are often seen on lodging bills and are often to supplement staff wages or for gratuities...and anyone who travels often, like my husband or Councilor Turano, they and other travelers are used to seeing multiple line-item charges on lodging bills. It is not uncommon.
--Final Discussion Point: There may be unknown impacts to military travelers or convention travel, unknown, though a flat Room Fee is unlikely to impact leisure travelers...and Middletown would not ask this of its Visitors if Middletown did not have great needs.
--Middletown must invest in school buildings and Middletown must provide as many resources as is possible to support the efforts, and meet the needs, of ALL community members by delivering enrichment, guidance and wellness opportunities during COVID recovery. Someone has to pay for it and a Room Fee will only offer SOME relief. It will not cover it all: with or without a room fee, Middletown taxpayers are going to have to pay.
In addition to Residents and Industry, I also spoke personally with Senator Lou DiPalma, and Representatives Deb Ruggerio and, as mentioned, Terri Cortvriend. I do want to publicly thank them, at this point in the presentation, for everything that they do and for their input on this really important issue to Middletown. They all said that they work for Middletown and would present to the General Assembly what the Town Council would like them to. They also stressed that “sooner-is-better-than-later" and a simple motion could start the process. This is especially important since our last meeting was cancelled, and continued to tonight. Based on the conversations that I had with all three and based on the slide on the screen, I’ve listed the key elements of what that motion would include. [[Power Point Slide 3]]
--First of all, that this is Middletown specific, not something for the entire state, as Middletown has very specific and egregious community needs.
-This proposal, tonight, is very simply a request for Enabling Legislation from the General Assembly. this would come back to council to consider using it or not.
--The details of the motion that could start the process include:
1. It is a per room, per night lodging fee, as stated. This is much different than a percentage: it is transparent and is easy to calculate; in most cases, the charge to Visitors would be much lower than an increase in the Hotel Tax percentage.
2. The fee applies to all rooms: hotel, motel and short-term rentals.
3. The fee has a $5 maximum, so the hospitality industry and Middletown Visitor knows it will not exceed this cap, which adds to its predictability.
4. The funds are to be put into a dedicated account, not the General Fund.
5. Expenditures are to be for both construction and maintenance of school buildings and to provide sustainable funding for the Middletown Dept of Children, Youth & Learning .
--The motion is proposed to be worded so that 95% or more of the revenue is for school buildings, while not more than 5% of the revenue is for the municipal Department. This allows flexibility. For example, funding for the municipal Dept may be covered by ARPA monies these first few years, or grant monies in subsequent years. If so, that would allow 100% of the Room Fees to go towards school buildings.
The next slide is the Motion Review and reads as follows [[Power Point Slide 4]]: To have the General Assembly submit, on the town of Middletown’s behalf, enabling legislation for the town of Middletown to collect a per room per night lodging fee from hotels, motels, and short-term rentals in an amount not to exceed $5 per room per night which shall be held in a restricted receipt account; collected funds shall be expended only as follows: not less than 95% for Middletown school buildings construction and/or maintenance and not more than 5% into the Middletown Children, Youth & Learning Department.
Final points that I’d like to add here [[Power Point Slide 5]] is that:
--This proposal shows Middletown is worthy of other funding sources because Middletown is willing to be responsible for its challenges, willing think outside the box, & be proactive, instead of doing nothing. Because Something has to be done.
--The Proposal aligns with the State’s priority to invest in school buildings.
--The Proposal is a JUST request: It will be up to the General Assembly.
--The Proposal is also SIMPLY Enabling Legislation. It does not commit Middletown to having a Room Fee, it gives Middletown the ability to have a Room Fee.
It is now in the hands of the Council for discussion.
Efsathios (Steve) Kyriakides, representing the owners of Wyndam Newport Hotel, addressed the Town Council in opposition to the Room Fee/Tax. Mr. Kyriakides explained this is not the time to put forward a tax, expenses are rising, and hotels already pay a 13% occupancy tax. Mr. Kyriakides noted their current occupancy rate year-round averages 45% - 50%.
Leon Amarant, Middletown, addressed the Council noting he echoes Mr. Kyriakides concerns. Mr. Amarant reviewed the memorandum from the STROM Organization.
TO: Middletown Town Council
CC: Wendy Marshall, Council Clerk
FROM: STROM Organization
DATE: March 7th, 2022
RE: Agenda #17 of March 7th docket: Proposed per bedroom fees
As you are discussing Council Flynn’s latest tax proposal for STR’s, we urge you to consider the following points before any vote is potentially taken on the subject.
1) The per bedroom proposed fee could most likely be tracked at hotels, since they rent out on a “per bedroom” basis.
2) The per bedroom proposed fee cannot be effectively or fairly monitored or assessed on STR’s for numerous reasons. As below: a. Assume the following premise: Guests should only pay on a per bedroom USE basis.
b. Many bookings involve one couple using one bedroom checking in on a Saturday with the balance of the family joining them for just 2 nights. One bedroom is used throughout, and the rest are only used for a portion of the time.
c. Some couples rent larger houses because they have a couple dogs. They use one bedroom out of 4 or 5.
d. Tracking on a per bedroom basis would create a bureaucracy nightmare. Highly unlikely Airbnb or VRBO would institute this.
3) The recent 3-tiered tax details have not even been publicized. STR owners do not yet know what the differences in % levels even are.
4) Guests are already paying a 7% sales tax and a 1% hotel tax on STR’s and for hotels, another 5% room tax on top of that. Do we really want to add yet another line-item tax for our guests? What will it be called?
5) The proposed per bedroom tax is supposed to help Middletown with their upcoming school expenditures. STR’s and hotels do not use this resource.
6) A per bedroom municipality tax is uncommon and adding an extra line item on a travelers
bill will have the detrimental effect of making Middletown less attractive as a coastal travel destination.
Rick Lombardi, Middletown, addressed the Town Council noting the following:
Councillor Flynn noted the following:
-This revenue is for a dedicated purpose and Middletown has a need.
-If current level of tax revenue provided enough to have maintained schools over the years and take care of assets, Middletown wouldn’t be in this position.
-Heard: ”Tourists come back” “Tourists want the Aquidneck Island Experience.” If Middletown cannot afford to maintain the community, it will not be the same community for Visitors to come back to.
-Council is not voting on having a Room Fee, council is voting on sending it up to the State level to request Enabling Legislation that Middletown can consider. It will come back to council & citizens if Middletown needs it, but the leg work will be done, and Middletown will not have to wait a year or years to go thru the Enabling Legislation process. This step is benign.
Councillor Turano noted the timing for this proposal is not good.
On motion of Councillor Flynn to have the General Assembly submit, on the town of Middletown’s behalf, enabling legislation for the town of Middletown to collect a per room per night lodging fee from hotels, motels, and short-term rentals in an amount not to exceed $5 per room per night which shall be held in a restricted receipt account; collected funds shall be expended only as follows: not less than 95% for Middletown school buildings construction and/or maintenance and not more than 5% into the Middletown Children, Youth & Learning Department; there was no second to the motion.
18. Memorandum of Councillor Flynn, re: Public Engagement – West Main Road.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn noted the following:
To recap and review: At the October 18, 2021, council meeting, the council approved entering into a Memorandum of Understanding with the developer team for the W Main/Coddington property. At the November 1st meeting, a public engagement strategy was presented.
So as not to repeat myself, I have submitted an excerpt of the meeting minutes to the
council members. At council’s January 18, 2022, meeting, Council authorized the Town
Administrator to execute the Agreement with the developer team which brings back the public engagement discussion on this very exciting and really visible project.
Summarizing the presentation and meeting minutes of the November meeting, and
Using examples of the Senior Housing Committees and Atlantic Beach District Zoning Overlay, it was shown that it has actually been the public getting involved in an issue last, or late, in the process that has taken additional time. Proper and complete outreach for public engagement actually saves time and allows for best decision making. The Concern of Public participation taking up too much time was shown as a myth. This premise seems to be supported by the public engagement strategy used for Middletown’s American Rescue Plan Act which hopefully you see on the screen. [[Insert/docket item with highlights]]
In November, Council was asked:
1. Do YOU think the residents of Middletown believe that the West Main/Coddington project is a town wide issue that impacts them all? And
2. Does this council agree that engaging the public First will lead to best decision-making, avoid time-consuming repeat meetings & assure the Middletown community is excited about & supports this project?
Public engagement certainly is up to the whole council – but let's be honest, this is not a project we want to waste these developers’ time on getting underway and then halting because of latent negative public opinion. This is a project to pull Middletown together, make it a true community effort and ultimately a community celebration.
The motion that I would put forward is to “Execute a public engagement strategy for the West Main/Coddington property, using all the methodologies listed on the docket memo dated Oct 26th, 2021 & January 19th, 2022 which was on Council Dockets: November 1st/Item #27 and March 7th/Item #18, and to at least utilize all the methodologies that were engaged for the ARPA project idea submission and weekly ads through the input process in the broadly read Newport This Week.” That motion is on the excerpt that was handed out to you as Supplemental Information and emailed to you this afternoon.
Thank you for your consideration and I will send it back to you Mr. President and councilors.
On motion of Councillor Flynn, duly seconded, it was voted to execute a public engagement strategy for the West Main/Coddington property, using all the methodologies listed on the docket memo dated Oct 26th, 2021 & January 18th, 2022 which was on Town Council Dockets: November 1st/Item #27 & March 7th/Item #18, and to at least utilize all the methodologies that were engaged for the ARPA project idea submission and weekly ads through the input process in the broadly read Newport This Week.
Town Solicitor Peter B. Regan noted there is a meeting on Friday with the development group to discuss the rollout of plan. Mr. Regan reviewed the following:
Following up on our conversations regarding efforts to solicit public input and comment on the proposed Master Plan for the West Main Road property, and in line with what has been done on other projects and APRA, I suggest the following:
1. Set date for Planning Board public hearing - the date should provide sufficient time for advance public review and comment.
2. Post Proposed Master Plan, supporting Materials and information about the review process on the Town Website (Middletown Shares & Planning Board pages).
3. Solicit public comment and advertise date of Planning Board public hearing on Town’s website, social media and Middletown Today.
4. Mail notice of Planning Board public hearing to abutters.
5. Places ads re: Planning Board public hearing in local newspapers.
6. Ask Chamber of Commerce to solicit input from its members.
7. Repeat process when date of Town Council public hearing is set.
Discussion centered around the rollout of the West Main Road Plan, including public input.
Councillor Flynn noted the following:
-These are the same items used for the ARPA outreach.
-Citizens have noted many times how inadequate the minimum requirements
for posting projects can be.
-Not one of the items on the memo should be left out. Middletown needs to do as much as possible, so council doesn’t hear, again: “I didn’t' hear about it,” “I had no idea,” or “When did this happen?”
- NTW is very widely read, and council should approve some funding for some weekly ads to make sure that we have done everything possible to get the word out on this project.
-There has been failure in outreach; we are public servants and that is what this is
about.
A vote was taken.
On motion of Councillor Flynn, duly seconded, it was voted to execute a public engagement strategy for the West Main/Coddington property, using all the methodologies listed on the docket memo dated Oct 26th, 2021 & January 18th, 2022 which was on Town Council Dockets: November 1st/Item #27 & March 7th/Item #18, and to at least utilize all the methodologies that were engaged for the ARPA project idea submission and weekly ads through the input process in the broadly read Newport This Week. ; Councillor Flynn and Councillor Turano voted YES to said motion; Council President Rodrigues, Councillor Santos and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
19. Communication of Councillor Turano, re: Affordable Housing - Requesting update from Frank Spinella regarding detailed drawings for Berkley Peckham and Oliphant Schools.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
Francis J. Spinella, representing FJS Associates, Ltd., addressed the Town Council reviewing the memorandum below and site plans of the proposed projects, which are on file in the Office of the Town Clerk.
Discussion centered around the site plans being presented to the Affordable Housing Committee on Thursday night, if Middletown residents get first priority for the housing, fair housing does not allow Middletown residents to have first priority, localized marketing could be utilized for Middletown residents, if the abutters of Oliphant School have been notified of the possibility of housing at Oliphant School and the Affordable Housing Committee will be discussing how to reach out to the abutters of Oliphant School.
20. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, 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 Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
22. Appointment of one (1) member to the Aquidneck Island Planning Commission, to complete a term expiring July 2023.
On motion of Councillor Santos, duly seconded, it was voted unanimously to appoint Emily Tessier to the Aquidneck Island Planning Commission, to complete a term expiring July 2023.
23. Appointment of one (1) member to the Middletown Prevention Coalition, civic/volunteer sector, term expiring April 2024.
On motion of Councillor Santos, duly seconded, it was voted unanimously to appoint Anne Schultz to the Middletown Prevention Coalition, civic/volunteer sector, term expiring April 2024.
24. Appointment of one (1) member to the Middletown Prevention Coalition, business sector, term expiring April 2024.
On motion of Councillor Santos, duly seconded, it was voted unanimously to appoint Matthew Oliver to the Middletown Prevention Coalition, business sector, term expiring April 2024
25. Appointment of one (1) member to the Middletown Prevention Coalition, youth serving organization sector, term expiring April 2024.
On motion of Councillor Santos, duly seconded, it was voted unanimously to appoint Alexandra Firlings to the Middletown Prevention Coalition, youth serving organization sector, term expiring April 2024.
26. Appointment of one (1) member to the Middletown Prevention Coalition, faith community sector, term expiring April 2024.
On motion of Councillor Santos, duly seconded, it was voted unanimously to appoint Rev. Laurie Percival Pauley to the Middletown Prevention Coalition, faith sector, term expiring April 2024.
27. Appointment of one (1) member to the Pension Trust Fund Committee, term expiring February 2025.
On motion of Councillor Santos, duly seconded, it was voted unanimously to reappoint Peter Damon to the Pension Trust Fund Committee, term expiring February 2025.
28. Appointment of one (1) member to the Personnel Board, term expiring December 2024.
On motion of Councillor Santos, duly seconded, it was voted unanimously to appoint Ann Johnson to the Personnel Board, term expiring December 2024.
29. Appointment of one (1) member to the Personnel Review Board, term expiring June 2024. (Bi-partisan Board Democrat or Republic representative).
On motion of Councillor Santos, duly seconded, it was voted unanimously to appoint Stephen Barth to the Personnel Review Board, Bi-partisan Board, Republican Representative, term expiring June 2024.
30. Appointment of three (3) members to the Planning Board, terms expiring February 2025. (Council action; Council Rule #33 – New applications to be interviewed)
On motion of Councillor Santos, duly seconded, to reappoint John L. Ciummo, reappoint William Nash, reappoint Arthur S. Weber, Jr.
Councillor Flynn noted for transparency to the public, all applicants should be interviewed as they have always been, explaining people change, voting & attendance histories are established; Some residents are new to Middletown and do not know the applicants.
On motion of Councillor Santos, duly seconded, to reappoint John L. Ciummo, reappoint William Nash, reappoint Arthur S. Weber, Jr.; motion was withdrawn.
On motion of Council President Rodrigues, duly seconded, it was voted to reappoint John L. Ciummo to the Planning Board, term expiring February 2025; Councillor Flynn voted NO to said motion.
On motion of Council President Rodrigues, duly seconded, it was voted to reappoint William Nash to the Planning Board, term expiring February 2025; Councillor Flynn voted NO to said motion.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to reappoint Arthur Weber to the Planning Board, term expiring February 2025.
31. Appointment of three (3) members to the Senior Citizens Board of Directors, term expiring January 2025.
On motion of Councillor Santos, duly seconded, to reappoint Louis E. Finn, reappoint Theresa Lacerda and appoint Nancy J. Carroll to the Senior Citizens Board of Directors, terms expiring January 2025.
Councillor Flynn inquired about timestamping the applications, so applications of equal merit have some data point for a final decision.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to reappoint Louis E. Finn, reappoint Theresa Lacerda and appoint Nancy J. Carroll to the Senior Citizens Board of Directors, terms expiring January 2025.
32. Appointment of one (1) member to the Tree Commission, term expiring January 2025.
On motion of Councillor Flynn, duly seconded, to appoint Karen Barbera.
On motion of Councillor Santos, duly seconded, to reappoint William J. DiMarco.
Councillor Flynn noted the following:
In keeping with prioritizing getting more and different people involved in the town, this application is hard to give up for benefiting Middletown. This is a Horticulturist who is actively working in the industry in her own business as a landscape designer.
Again, this is nothing against the current Commission member, but I make the motion for who would be best for Middletown, I vote for who would be best for Middletown. The meetings are open to the public and I am pretty confident the current Commission member would be welcome to continue to contribute. BUT, if council turns this very qualified new applicant away, there may not be incentive for that applicant, who is not well-established with the Tree Commission, to carve out the time for Middletown unless they are appointed the responsibility of the commitment. This is an opportunity for Middletown that Council should grab, and I would also hope the current Commission member would embrace that for Middletown. Middletown volunteers must know that it is nothing personal, it is what is the best opportunity for Middletown to be the best.
Thank you, I hope you vote affirmatively.
A vote was taken on the first motion
On motion of Councillor Flynn, duly seconded, it was voted unanimously to appoint Karen Barbera to the Tree Commission, term expiring in January 2025.
33. Appointment of one (1) member to the Zoning Board of Review (3rd Alternate), to complete a term expiring April 2022. (Council action; Council Rule #33 – New applications to be interviewed)
Council President Rodrigues noted this seat will be expiring April 2022 and requested the Town Clerk to hold the application for Emily Tessier. The Town Clerk will be advertising for expiring seats on March 11th once the applications are in, the Council can schedule a date for interviews.
34. Email Communication of Dennis Soares, re: Resignation from the Middletown Prevention Coalition (School Sector).
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said resignation with regret.
ITEMS FILED FOR MARCH 7, 2022 - REGULAR MEETING
35. Communication of Jude E. Kerrison, Esquire, on behalf of Jeff Stalnaker on behalf of Wilder Stalnaker, representing Wilder Stalnaker, re: Claim for personal injuries. (Council action to receive)
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
36. Applications from the following named persons, firms and corporations for RENEWAL of Mobile Food Establishment Licenses, for the 2022-2023 licensing year. (See attached list)
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said license renewals.
37. Application for Special Event Permit from Ocean State Artisans for the 2nd Annual Ocean State Artisans Craft Show to be held on Saturday, June 25, 2022, from 10:00 am to 5:00 pm at Linden Park. (Rain date Sunday, June 26, 2022)
On motion of Councillor Santos, duly seconded, it was voted unanimously to grant said special event permit.
38. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, is amending Section 34.70 Tax Classification System.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
39. Email communication of Gregory R. Dubell, RPA, Energy Projects Manager, PAL - The Public Archaeology Laboratory, Inc. Cultural Resource Management, re: Requesting the Town of Middletown for comments for replacement of utility poles on Greene Lane, which are withing 25 feet of a historic burial ground, Thomas Coggeshall Lot.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said email communication.
Town Solicitor Peter B. Regan addressed the Council noting this is a project is in relation to a solar energy project, utility poles would be replaced on Green Lane with new poles. Mr. Regan explained there is one pole that is adjacent to a historical cemetery, which would be replaced in kind in the same spot. As part of the state process, an archaeological firm did a report and found that this was close to the historic cemetery, it is their recommendation that the developer implement an avoidance and protection plan to protect the cemetery during the project activities. Mr. Regan noted his recommendation to Council is to approve, responding that we concur with the recommendation and ask that the protection plan be implemented.
On motion of Councillor Santos, duly seconded, it was voted that the Town Council concurs with the recommendation (Cemetery Protection Plan) and requests that the protection plan be implemented during construction.
40. Memorandum of Charlene A. Rose-Cirillo, Chairman, Middletown Beach Commission, re: Requesting the Town Council to approve funds for engineering and environmental study for boat ramp at Third Beach.
On motion of Councillor Santos, duly seconded, to receive said memorandum.
Discussion centered around that there has been no additional input from the Police or Fire Departments regarding the use of the Boat ramp for emergency response, a biologist would need to be hired to map the eel grass beds, the last study is out of date and the Town Council will not move forward with this request.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
41. Memorandum of Town Administrator, re: Monthly Financial Reports.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown noted that he and the Finance Director have questions regarding the accuracy of the School Department Financial Reports.
Discussion centered around it is not clear if the school department performance is favorable or not, it is not clear what the financial position of the school department is, by state law financial reports are required by the 25th of each month, next reports the Council receives will be accurate, currently addressing other issues within the school budget, there have been a lot of building permits being issued, the online building permitting system has a higher compliance rate, hotel, meal and beverage tax is on target, Commodore Perry Sidewalks and the expense of snow removal.
42. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said communication.
43. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
44. Memorandum from Middletown Outreach Committee, Councillor Turano, Councillor Flynn and Councillor Logan, re: Middletown Outreach Sub-Committee Expansion.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above.
Discussion centered around advertising for four additional members to the committee.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to approve the Middletown Outreach Sub-Committee expansion to seven members.
45. Memorandum from Middletown Outreach Committee, Councillor Turano, Councillor Flynn and Councillor Logan, re: Sub-Committee Update.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Turano reviewed the memorandum above.
46. Memorandum from Middletown Outreach Committee, Councillor Turano, Councillor Flynn and Councillor Logan, re: Resolution for Funding Support.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Turano noted they have been working with the State/Governor’s Office regarding funding and requested that the Council pass the resolution in item #47.
47. Resolution of the Council, re: Requesting Funding Support for Municipal Learning Centers.
On motion of Councillor Santos, duly seconded, it was voted unanimously to pass said resolution.
Item #48 was acted on after item #1.
48. Memorandum of Councillor Flynn, re: Update Request – Purgatory Sidewalk/RIDOT Inquiry.
On motion of Councillor Santos, duly seconded, to receive said memorandum.
Town Administrator Shawn Brown noted the Town Planner is in contact with RIDOT and there should be an update regarding the project at the next meeting.
A vote was taken.
On motion of Councillor Santos, duly seconded, it was voted unanimously to receive said memorandum.
Item #2 was acted on after item #48.
On motion of Councillor Santos, duly seconded, it was voted unanimously to adjourn said meeting at 10:47 p.m.
__________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri