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, October 3, 2022, at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn, arrives at 6:03 p.m.
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Barbara A. VonVillas, Members Present
Councillor Dennis B. Turano, Absent
***AMENDED AND POSTED – SEPTEMBER 27, 2022
POSTED SEPTEMBER 27, 2022
REGULAR MEETING OCTOBER 3, 2022
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, October 3, 2022, at 6:00 P.M. Executive Session and 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: 875 5402 8450 or on the web at https://us02web.zoom.us/j/87554028450 .
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 (Middletown Association of Paraprofessionals/NEARI), (2) Collective Bargaining (FOP) and (1) Personnel (Non-Classified Employees)*** Amended – (5) Land Acquisition - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:02 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:32 p.m.
On motion of Vice President Welch, duly seconded, it was voted to authorize the Town Administrator to execute a 90-day extension with Middletown Town Center, LLC; Councillor Santos voted NO to said motion.
On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
2. Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must submit a public participation form to the Council Clerk prior to the start of the meeting. All items discussed during this session will not be voted upon.
No one spoke during this session.
3. Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the update on Town Projects.
Town Administrator Shawn Brown reviewed the following:
Affordable Housing – The project architect and engineer are preparing schematics for the Berkeley Peckham School and Oliphant School projects. The Town’s consultant anticipates that preliminary site designs will be available within 30 days. The Town continues to pursue other opportunities to develop affordable housing opportunities.
Middletown Center – The Town Council established an advisory to opine on matters related to the final layout of the development. The administration, Solicitor, and the Town’s financial consultant are exchanging the data necessary to prepare an accurate financial model.
Green End Safety / Roundabout – The Town Engineer is coordinating the staff’s review of the draft document, which the Town received August 26th.
Roads – The contract for the 2022-2023 paving program was awarded at the September 19th Town Council meeting. The project includes repaving the 2nd Beach parking lot.
Tax Reform – The Town has received 8 appeals related to the tiered tax program, and 4 other appeals related to real estate and sewer maintenance fees.
Middletown Outreach – The Town has hired a coordinator who is scheduled to report to Town Hall on October 24th.
School Building Committee – The Town has received proposals from architects, and the Building Committee will identify the top firms at this week’s meeting; then, the committee will interview the top firms.
Middletown IT Department Update – Next 5 Years – The Rhode Island State Police have received proposals to replace CAD RMS systems throughout the state with a system that will be shared statewide. The next step in the process is to interview the bidders and demo the software. It is most likely that the purchase of this system would be expanded to include the fire department. These upgrades should shepherd in much needed upgrades to the State’s 911 system.
Bond – Infrastructure Repair – Boring results from the Birchwood neighborhood were unfavorable; therefore, we are investigating other options to manage the stormwater experienced during large storms. Planning for improvements in the Shore Drive neighborhood are being finalized. I am investigating options for funding the project which may not require a referendum.
Pickleball Courts – Bids have been received and the prices are unfavorable to the project budget. The Town Engineer is reviewing the proposals to determine what is driving the variance, and to determine whether there are opportunities for value engineering, or to change the scope of the project.
Keeping Middletown Clean – No new activity.
ARPA Money/Projects – The School Department is in the process of finalizing their spending plan for the $200K appropriated by the Town Council for sports and arts programs.
Town/School Consolidation – On hold, pending regionalization.
Water Issues/Maidford River Project – Continuing to research issues related to project risks – specifically how to address the threat of identifying agrichemicals on private property. We have had a number of recent discussions about the potential for alternative sources of funding and/or changing the scope of the project.
Short Term Rentals – The administration met with the Solicitor to review two recent events that took place in the vicinity of Renfrew Park & Ellery Avenue and discuss whether there are practical policy changes that would help mitigate the events from happening in the future.
Build-Out Study Recommendations – No new activity.
School Performance Audit: The Town re-issued an RFP for services, and responses are due October 7th.
Regionalization: We are focused on meeting with small groups within the community and pushing communications out through social and print media.
Marijuana Legalization: The Planning Board will review the updated zoning ordinance at its meeting this month.
The next update will be provided to the Town Council at the meeting on Monday, November 7th.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
4. Applications three (3) from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F Alcoholic Beverage Licenses - (One Day Only License) for the same premises on the following dates:
Sunday, October 16, 2022 – 4:00 pm to 6:00 pm
Friday, November 18, 2022 – 5:30 pm to 6:30 pm
Friday, December 16, 2022 – 4:00 pm to 6:00 pm
On motion of Vice President Welch, duly seconded, to grant said licenses.
Jolie Colby, representing the Norman Bird Sanctuary, addressed the Council noting that the events which licenses were requested for are science communications events.
Discussion centered around the events are open to the public, members of the Bird Sanctuary pay $25.00 per event, non-members pay $30.00 per event, the October 16th event is the Plight of Piping Plovers, the November 18th event is a chat regarding Coyotes, December 16th event is with a herbologist (regarding salamanders) and the success of the Harvest Fair.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said licenses.
5. Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2022-2023 licensing year. (Council Action – Advertise for public hearing to be held on October 17, 2022) (See attached List)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said applications and advertise for public hearing to be held at the October 17, 2022, Regular Meeting of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Flynn requested item #6 be heard under the regular portion of the agenda.
6. Application of Alyson Rego, Warren, for RENEWAL of a Tattoo License for the 2022-2023 licensing year to be used at Secret Beach Tattoo, LLC dba Secret Beach Tattoo, 146 Aquidneck Avenue.
On motion of Vice President Welch, duly seconded, to grant said license renewal.
Councillor Flynn noted the applicant is present and she would like to hear about her first year in business. Ms. Flynn also inquired if the Town Clerk’s Office checks to see if there are issues with a license prior to renewal.
Town Clerk Wendy J.W. Marshall, responding to Councillor Flynn, explained that all licenses have clearance through the Town and any issues/violations by the Police or Building Official are reported to the Clerk’s Office.
Alyson Rego, Warren, applicant, addressed the Council noting her first year of business was amazing, the location is great, and has no issues with the neighboring businesses. Ms. Rego explained she is happy to have a business in Middletown.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
7. Application for Special Event Permit from Gray Matter Marketing, Portsmouth, RI for the Aquidneck 10k – 10k road race starting and ending at Second (Sachuest) Beach and surrounding area to be held on Sunday, March 26, 2023 – set up 6:30 am, race start 9:00 am, breakdown complete by 12:00 pm.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Councillor Flynn inquired why this event seems larger than the past years.
Claire Akin, Director of Gray Matter Marketing, addressed the Council noting that the application for the event has increased to be cautious. Ms. Akin explained participation in events has been increasing since the pandemic has subsided.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
8. Application of Ming Moon 66, Inc. dba Ming Moon Chinese Restaurant, 694 Aquidneck Avenue, for a Victualling House License for the 2021-2022 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
9. (Public Hearing Advertised)
Application of DDO-New England, LLC dba Taco Bell #40867, 641 West Main Road, for Additional Hours of Operation for the 2021-2022 licensing year. (NEW)
Public Hearing was declared open.
Mark Raymond, Director of Construction Facilities for Taco Bell, addressed the Council noting this is just a license transfer.
There being no other person’s present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
10. Communication of James McKenna, President Community Blessings Foundation, re: Additional information regarding the number of Middletown residents who received Recovery Transport Services provided through Community Blessings Foundation.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
James McKenna, President of Community Blessing Foundation, was present to answer Council inquires. Mr. McKenna provided another communication with statistics, which was reviewed by Councillor Flynn, entered here:
Discussion centered around potential increases of services for clients, the funding would be for reimbursement to volunteers for transportation of clients, next year Community Blessing with be requesting civic support from all Aquidneck Island Communities, monies received by Community Blessing from the CDBG grant will be used for a facility, CDBG monies can only be used for the specific request, the request was for a recovery residence in Middletown and going forwarded Community Blessings will track client transportation.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to approve a civic appropriation in the amount of $5,000 to be appropriated from the General Fund.
11. Memorandum of Council President Rodrigues and Councillor Flynn, re: Inclusionary Zoning. (Council action to forward this item to the Planning Board for review and recommendation)
On motion of Vice President Welch, duly seconded, to receive said memorandum and forward to the Planning Board for review and recommendation.
Councillor Flynn reviewed the memorandum and enclosures above. Ms. Flynn suggests an Inclusionary Zoning amendment be forwarded to the Affordable Housing Committee.
Council President Rodrigues noted that action should be to send this request to the Planning Board.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and forward to the Planning Board for review and recommendation.
12. Memorandum of Finance Director, thru Town Administrator, re: Tractor/Tiger Mower.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
13. Resolution of the Council, re: Authorize purchase of a John Deere tractor mower and authorize the Finance Director to execute the purchase.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Robert Hanley, DPW Director addressed the Council noting the tractor will have multiple uses throughout the year. Mr. Hanley explained the purchase is part of the budget and there is a need for the equipment.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
14. Memorandum of Town Administrator, re: Citizens Advisory Committee-Middletown Center.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Sara Poirer from the Open Space Committee and Michael Fenton from the Planning Board to the Citizens Advisory Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:18 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri