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, September 19, 2022, at 6:02 P.M.

 

 Council President Paul M. Rodrigues, Presiding

Vice President Thomas P. Welch, III

Councillor Terri Flynn

Councillor Christopher M. Logan

Councillor M. Theresa Santos

Councillor Barbara A. VonVillas, Members Present

 

Councillor Dennis B. Turano, Absent

 

Town Solicitor Peter B. Regan and Assistant Town Solicitor Michael Monti were also present.

 

Town Administrator Shawn Brown arrives at 6:07 pm.

 

POSTED SEPTEMBER 13, 2022

REGULAR MEETING SEPTEMBER 19, 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, September 19, 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: 840 7609 5363    or on the web at https://us02web.zoom.us/j/84076095363

   

 

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.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

 

RECONSIDERATION

 

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.

 

EXECUTIVE SESSION

 

1.    Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Collective Bargaining (IBPO), (5) Land Acquisition, (5) Land Acquisition and (1) Personnel (Non-Classified Employees) - 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 6:59 p.m.

 

            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.

 

Council President Rodrigues requested a moment of silence for lifetime Middletown resident Deborah Winthrop Bulk.

 

PUBLIC FORUM

 

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.

 

CONSENT

 

3.    Email communication Karen Day, Chair, Citizens Memorial Committee, re:  Approval of MHS Class of 1972 Memorial Tree to be planted in Valley Park.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and approve the MHS Class of 1972 Memorial Tree to be planted in Valley Park.

 

4.    Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2022-2023 licensing year. (Requires Advertising for a public hearing to be held on October 17, 2022)

 

ADDITIONAL OPERATING HOURS LIST 2022-2023

2:00 A.M. – 6:00 A.M.

EXPIRES DECEMBER 1ST ANNUALLY

 

AQ, LLC/Aquidneck Restaurant & Pizzeria – 27 Aquidneck Avenue

Aquidneck Donuts, Inc./Dunkin’ Donuts – 811 West Main Road

Aquidneck Donuts, Inc./Dunkin’ Donuts – 536 East Main Road

Beebe & Family, Inc./7-Eleven Food Stores – 726 Aquidneck Avenue

Cardinal Restaurant Corp./IHOP Restaurants – 159 West Main Road

Colbea Enterprises, LLC/Seasons Corner Market- 207 East Main Road

Colbea Enterprises, LLC/West Main Shell- 1149 West Main Road

Cumberland Farms Store #1264 –94 Aquidneck Avenue

DDO-New England, LLC/ Taco Bell- 641 West Main Road

Joe’s Kwik Marts, LLC/Joe’s Kwik Mart – 876 West Main Road

Kasbac, LLC/McDonald’s Restaurant- 1425 West Main Road

Kasbac, LLC/McDonald’s Restaurant- 300 East Main Road

Leite Donuts, Inc./Ma’s Donuts & More – 78 West Main Road

Shaw’s Supermarkets, Inc, - 71 East Main Road

Starbucks Corporation/Starbucks Coffee #7599- 85 East Main Road

Tecs Donuts, Inc./ Dunkin’ Donuts- 159 East Main Road

 

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.

 

PUBLIC HEARINGS

 

5.    Public Hearing (Advertised)

Public Hearing Remains Open.

An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Revision to the Comprehensive Community Plan.

The future land use plan, language added to the plan’s Housing Element, page VII-26.  (Planning  Board recommendation on file)

 

Public Hearing remains open.

 

Lawrence Frank, addressed the Council reading the following into the record:

 

 9/19/22

Let me start with the following quote:

“Why would the council negotiate a deal that's inconsistent with the comp

plan?”

(Peter Regan, Sept 6 2022, Time Stamp 40:45)

This was Peter Regan, our town solicitor, speaking on Sept 6.

He was responding to a suggestion from Councillor Flynn that the proposed

additions to the Comprehensive Plan include the words “affordable and

workforce housing for lower and moderate income households”. To be clear,

this was applicable to town owned property, not privately owned and

financed developments.

 

Tonight, the town council will have a second reading on changes to the

comprehensive plan. The current language that Ms Flynn wants to change

seems to be designed to accommodate the developers plans for the West

Main Road property and has no other purpose. This appears to be another

method to allow the development of the property to suit the financial needs of

the developers, part of a process that has accommodated them without any

concern to the town, or the comprehensive plan.

 

Again, in objecting the Ms Flynn's request Mr Regan said:

 

“Why would the council negotiate a deal that's inconsistent with the comp

plan?”

That's a perfectly good question. Since the current comprehensive plan makes

no reference to a hotel, nor was the hotel part of the RFI, let me ask these

questions.

“Why is the council negotiating a deal that's inconsistent with the comp

plan?”

“Why is the town negotiating a deal that's inconsistent with the RFI?”

The developers, Chris Bicho, James Karam, and Rocky Kempenaar are well

schooled in their business of getting what they want. And with Peter Regan

running interference, they are now well positioned to get everything they

want, and what the town does not need.

 

Warren Buffet, of the giant financial firm, Berkshire Hathaway, and Paul

Newman, the actor, both had an interest the card game, poker.

And now I'm paraphrasing, but this is the gist of what they said.

“If you have been in a poker game for a while, and you still don’t know who

the sucker is, you’re the sucker, and you should walk away from the table”

Mr Rodriques, and members of the council, it's not too late for you also, to walk away.

 

Council President Rodrigues noted that the Council acts in the best of the Town.  Council President Rodrigues explained that Mr. Regan is the Town’s legal advisory/Solicitor and does what is best for the Town.

 

Theresa Spengler, Middletown, addressed the Council inquiring what is considered affordable housing, noting the need is much higher than 15 units, which is proposed for the West Main Road project.

 

Karen Biastre, Middletown, addressed the Council inquiring where the RFI is for the West Main Road project, she would like to review it.  Ms. Biastre noted the need for affordable housing, explaining the Town is not hitting the affordable housing mark.

 

Town Administrator Shawn Brown, responding to Ms. Biastre, noted the West Main Road RFI is on the Town website.

 

Josie Rock, Middletown, addressed the Council noting that the RFI gives the Town’s power to the developer.  Ms. Rock suggests the Town tell the developer what the Town wants, and the developer should deliver.

 

Town Solicitor Peter B. Regan explained that the public hearing is for an amendment to the Comprehensive Community Plan and not the RFI for the West Main Road development.

 

Councilor Flynn distributed hard copy packets of the September 6, 2022, verbiage and supplemental information she suggested and presented the following:     

 

“At the first reading, on September 6th, I suggested some alternative language and data points that might want to be included in a Comp Plan amendment. The data points that were suggested included: consider increasing Middletown’s affordable housing 10% goal and updating the inventory profile of Middletown’s current affordable housing, including a map of locations.  In the packet, the alternative language suggestions can be seen in blue, at the bottom of the first page and second pages.  On the first page, as I noted at the first reading, the suggested language in blue at the bottom, comes directly from the RFI sent out to developers to respond to.  The third and fourth pages of the packet show the pages from the RFI that suggestion comes from.  The language in an RFI tells developers what a community is looking for.  The goals and the Housing Profile needs stated in the RFI have not changed.  It seems logical this should be documented in Middletown’s Comprehensive Plan as it is the town's mission statement and guide for Middletown's future.  It also seems that the RFI language would have been in the Comp Plan, had the Comp Plan been amended before the RFI was released.  That is my first language suggestion.  Again, had the Comp Plan been done first as we were writing the RFI, or before the RFI went out, that probably would have been language in the Comp Plan.  It just makes logical sense.   

 

“Moving onto the second page of the packet, at the bottom, the suggestion is to omit the details of applications that are still in the review process.   That's just a cross out, in blue, to make it easy to comprehend.  There’s a number of reasons to omit this listing:  One: two of the four are only creating market-rate units;  Number Two: the summary paragraph, the very last paragraph on the second page of the proposed amendment, that paragraph by itself, is enough to reflect the potential increase in Middletown's affordable housing inventory;   Number Three: are unintended consequences, as applicants listed by name in the Comp Plan may encourage board members to look favorably on an application they are still dealing with, and still vetting, simply because the applicant is named in the Comp Plan.    


“Naming applications that are still in the review process and amending the Comprehensive Plan NOT to match the RFI, may be considered inappropriate by the public AND entities dealing with public funding.  It may actually detract from the merits of the application.  These are the discussion points, and I am happy to answer any questions.”  

 

On motion of Councillor Flynn, to accept the amendment with proposed changes in blue; there was no second for this motion.

 

On motion of Councillor Logan, duly seconded, it was voted unanimously to amend said ordinance removing the four bullets that are identifying the developers specifically and replacing with projects currently under review.

 

There being no other persons present desiring to be heard, public hearing was declared closed.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.

 

6.    Memorandum of Town Planner, 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. (Comparison chart for parking amendments).

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Discussion centered around the chart above is helpful, concern with consistently reducing the parking spots, and this change is for new developments not existing developments,

 

Councilor Flynn reviewed the original February 9, 2021, docket request, explaining it originated to improve quality of life for residents.  The intent of the review, per the docket item, was to discuss which current trends might apply to the approximately thirty lines of the original ordinance and adjust the minimum required parking, as necessary, to assure appropriate parking.  The Town Planner confirmed the subcommittee looked at other towns’ ordinances for some uses.  

 

7.    Public Hearing (Advertised)

Public Hearing Remains Open.

An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, Article 13- Off-Street Parking and Loading.

(Planning Board recommendation on file)

 

Public Hearing remains open.

 

Theresa Spengler, Middletown, addressed the Council noting concern with the reduction in required parking.

 

Public hearing remains open.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to continue the public hearing to the second meeting in October.

 

OTHER COMMUNICATION

 

8.    Memorandum of Superintendent of Schools, re:  September 6, 2022 Town Council Docket Item #24 – Councillor Turano Request for Information - School ARPA Funds Allocation & Results – Beyond the Bell, results from summer program – Allocation of 200K Athletics and Arts.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Town Administrator Shawn Brown noted that the School Administration and School Committee need to finalize the list regarding the ARPA Funds.

 

School Committee Chair Theresa Spengler reviewed the following:

 

Enter list

 

Discussion centered around teachers for arts and music, additional positions are based on enrollment, under Title 9 you have to purchase for both boys and girls to be balanced and equitable and the school department will provide the Town Council a prioritized list at the next meeting.

 

9.    (Continued from the September 6, 2022, Regular Meeting)

Email communication of Claro Dimen, Middletown Youth Wrestling Club, re:  Request for civic appropriation for the purchase of a new wrestling mat.

 

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.

 

Town Administrator Shawn Brown noted the wrestling mat is not covered by the ARPA money given to the schools.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the civic appropriation request for the purchase of a new wrestling mat in the amount of $11,900.00 to be allocated from the Recreation Fund; funding shall be designated to the School Department as a restricted appropriation for the purchase.

 

10.  Memorandum of Julian Peckham, III, Roads & Utilities Committee Chairman, re:  Flexi Pave product for use on Purgatory Road Project.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Town Engineer Warren Hall reviewed the memorandum above.

 

Discussion centered around the cost of flexi pave verses concrete, the longevity of flexi-pave, samples of flexi-pave were presented to the Town Council, high bedrock in the area and there is no local contractor that will install flexi-pave.

 

Town Administrator Shawn Brown noted the following:

 

·         Flexi-Pave is permeable, which may help with stormwater (soils are poor in this area, and the level of bedrock is high)

·         There is an idea that this will save the Cherry trees - the reality is that existing trees are at the end of their lives.  The plan calls for the replacement of the trees for this reason.  Examples of Cherry trees needing replacement include Calvery Methodist Church and St. Georges. 

·         Flex-Pave is a proprietary product.  It is purchased, installed, and maintained by Flexi-Pave – not the Town or local contractors.

·         Flexi-Pave’s useful life is less than concrete.

·         Flexi-Pave is more expensive than concrete.

 

We are struggling to identify funds to repair the roads and sidewalks we already have.  Increasing the lifecycle cost of our sidewalk infrastructure by deviating from the generally accepted construction methods will create new challenges.

 

TOWN COUNCIL

 

11.  At the request of Council President Rodrigues, re:  Support for resolution of the City of Newport appointing an Academic Advisory Committee to discuss potential educational improvements and to prioritize and commit the use of reimbursement funds by creating an endowment to improve the educational opportunities for the students of the regionalized district.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said request.

 

Council President Rodrigues read the above resolution into the record.

 

On motion of Vice President Welch, duly seconded, to support the resolution of the City of Newport appointing an Academic Advisory Committee to discuss potential educational improvements and to prioritize and commit the use of reimbursement funds by creating an endowment to improve the educational opportunities for the students of the regionalized district.

 

School Committee Chair Theresa Spengler inquired if school committee members and educators will be on the committee.

 

Council President Rodrigues, responding to Ms. Spengler, stated yes, members will be from different sectors.

 

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to support the resolution of the City of Newport appointing an Academic Advisory Committee to discuss potential educational improvements and to prioritize and commit the use of reimbursement funds by creating an endowment to improve the educational opportunities for the students of the regionalized district.

 

12.  Memorandum of Councillor Flynn, re:  West Main /Coddington – Middletown Center.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Councilor Flynn distributed hard copy packets with the following introduction: “The first page, after the cover page is a timeline of Town Council activities for West Main/Coddington-Middletown Center.  At the last meeting, the solicitor made some comments that implied there’s a relationship between the Middletown Center proposal and the Middletown Comprehensive Plan.  I honestly thought that I missed something, so I went back through the council meeting dockets and meeting minutes.  This timeline is the result of that double-check.  Only the Council level activities are included, no Planning Board activities on the project or every council discussion, but I think I captured most of the council-level exchanges and they’re somewhere on this page.  If someone sees something missing, I’m happy to include it in an update.”  Councilor Flynn reviewed the timeline, confirming that the negotiating agreement is a commitment to discuss, not a commitment to do anything, and reported that she found no council discussion or action to change that commitment.  Councilor Flynn pointed out that the council selected the developer based on their response to the RFI [in October 2021].  The response proposed mixed-use development, “including workforce, senior and affordable housing,” yet on June 29, 2022, the proposed plan presented to Council for the first time provided only workforce housing.  Council President and the Solicitor confirmed that Council has the ability to negotiate that and can say, “No” if the parties don’t agree on terms.   

 

Councilor Flynn presented photographs of South County Commons which has been referenced as a desirable model for development in Middletown.  Highlighted features include the Hampton Inn, a 3-story structure with gable rooflines at the far south of the property with subtle signage at the entrance, noting this is in keeping with the Planning Board’s recommendation, “there is not much support for the hotel among residents; however, if there must be a hotel in the Middletown Center development, it should not be the prominent structure of the development.”  Additional photographs depict primarily 2-story buildings, with gable roofs or gabled dormers at the third-floor level for an open space feel; interesting architectural features of the cinema; and parking lots and/or roads and landscaping between the hotel and 3-story residences on either end of the property for separation of activity.  Councilor Flynn suggests while Middletown is in negotiation, visiting other developments for desired/undesired features could be shared at the Citizens Advisory Committee open meetings for an exciting, welcoming project.   

 

Town Solicitor Peter B. Regan addressed the Council noting that the Town has entered into a good faith agreement, non-binding and read Section 3.1 from the agreement.

 

Terri Flynn

Middletown Town Hall

350 East Main Road

Middletown, Rhode Island  02842

 

    TO: The Honorable Paul Rodrigues, President & Members

   Middletown Town Council

    CC:         Wendy Marshall, Council Clerk

FROM: Terri Flynn, Councilor           

DATE:    September 13, 2022

   RE:   West Main/Coddington – Middletown Center

 

 

This is a request for information, updates, and continued discussion of the West Main/Coddington Middletown Center project, to include:   

 

1.    Negotiation Status Clarification

Given the following excerpt, it is my understanding that the Town Council is still not committed to do anything, yet inferences in recent meetings seem to conflict with that.  Could clarification be made as to if that has changed and if so, when council was informed. 

Oct 18, 2021 council meeting minutes:  Town Solicitor Peter B. Regan noted the [Memorandum of Understanding] agreement is to have further discussions with the group, not a commitment to do anything.

 

2.    South County Commons

The sentiment for Middletown to model a development like South County Commons has existed for years.  Attached are recent photos for discussion. 

 

 

Thank you for your consideration.

 

A car driving down a road

Description automatically generated with low confidence

 

 

 

A picture containing text, sky, outdoor, road

Description automatically generated

 

 

A picture containing text, outdoor, boat

Description automatically generated

 

 

 

 

A group of cars parked in a parking lot

Description automatically generated with low confidence

 

 

 

A picture containing text, outdoor, car, street

Description automatically generated

 

 

 

 

 

A parking lot with cars and a building in the background

Description automatically generated with medium confidence

 

 

 

 

 

A picture containing text, grass, outdoor, tree

Description automatically generated

 

 

 

 

 

A picture containing text, road, outdoor, sign

Description automatically generated

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 9:00 p.m.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 9:12 p.m.

 

13.  Memorandum of Councillor Flynn, re:  Regionalization.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Councilor Flynn distributed a hard copy packet, noting there are outstanding regionalization issues that are becoming time-critical, as voting will start weeks before the November 8th Election Day.      

 

Councilor Flynn noted that:  the Draft report is disappointing as it does not present both pros and cons, as discussed in June; the joint website has not been updated with events; measurable/quantifiable research data has not been provided and no less vetting for Middletown-Newport should be expected as would be required by Title 16 for a mandated regionalized district; public information meeting conversations include the Regional School Board combining the high schools for real regionalization and efficiencies and a change of the middle school as Thompson ages out, which will subject Middletown to additional borrowing needs.   

 

Updates that came from the discussion are:  RIDE consultant’s Final Report will be posted on the joint website and town website within days; September/October Listening Sessions will be coordinated by community groups, like Rotary, featuring elected officials, appointed officials, or the consultants; the joint website will be active; citizens can call their City Manager/Town Administrator with questions; no online input platform will be provided as the Steering Committee chose to rely on public information sessions and online surveys. 

 

Staff clarified that: all schools are governed by Title 16 with specific processes for regionalized districts; it is not unusual for communities to create special legislation that is then authorized by General Assembly; educational impact, labor contracts, and other measurables are determined by the elected Regional School Boards; RIDE approves of the project’s progression; evidence presented has satisfied the regulator; the debt services of the $90M bond is similar to the $235M bond, but the $90M bond is additionally burdened as continual maintenance on the buildings is needed and additional borrowing required within the decade; the bond rating and debt capacity will remain high as borrowing without liability and attaining educational advantages are an economic benefit to the community; voters want to hear from elected officials.  

 

 

14.  Memorandum of Councillor Flynn, re:  Marijuana.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

The Solicitor confirmed: the State will issue separate licenses for each of the marijuana commerce activities (growing/cultivating, testing, retailing); the ballot question presents as “all-or-nothing,” including all three marijuana commerce activities instead of separating them; and the ballot question cannot be changed because it is legislation.  

 

Councilor Flynn presented the following question: “Middletown has a Marijuana Ordinance; we were very proactive in that regard.  The Middletown ordinance was intensely vetted by the Planning Board, Middletown Prevention Coalition, the Town Solicitor, consultant solicitors, and Middletown citizens at the public hearings for the ordinance.  The Middletown marijuana ordinance is more protective of Middletown Youth by omitting the retailing component of Marijuana commerce activities.  In order to evaluate risk and reward of this issue for the voter, do we know what the financial benefit to Middletown would actually be if the voters approved the ballot question?”  The Town Administrator estimated the town would receive an annual amount of approximately $31,000. 

 

Due to the language of the legislation, as the Solicitor understands it, he is unsure if the Town could have a special election to allow growing/cultivating and testing, and no retailing.  The Solicitor reported that: payments from the state are available only if a community approves retailing; the state will be doing further work on the legislation. 

 

Councilor Flynn commented that this ballot question could be difficult for the conflicted voter and agreed there is not much financial gain to Middletown for allowing retailing [and putting Middletown youth at added risk].    

 

TOWN ADMINISTATOR

 

15.  Town of Middletown Voter’s Guide on Proposed Ballot Questions.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin review/discussion of the Town of Middletown Voter’s Guide on Proposed Ballot Questions.

 

Town Administrator Shawn Brown noted this is the final voter guide, the same format is used by the Secretary of State.

 

16.  Memorandum of Finance Director, re:  Paving and Utility Repairs.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

17.  Resolution of the Council, re:  To continue road paving projects – Awarding contract to East Coast Landscaping and Construction.

 

On motion of Vice President Welch, duly seconded, to pass said resolution.

 

Public Works Director Robert Hanley reviewed the following:

PAVING PROJECTS 2023 BUDGET

 

Harold’s Lane New catch basins and drainage pipe,  R&D to gravel, top dress with gravel,  2.5’’ binder course, 1.5” top coarse.

Gunning Court  New catch basins and drainage pipe,  R&D to gravel, 2.5’’ binder coarse, and 1.5” top coarse.

Peckham Lane   R&R basins and drainage pipe,  R&D to gravel, 2.5’’ binder coarse, 1.5’’ top

course.

 

4 Corners Cemetery    Entrance on Turners Road, entrance on Wyatt Road and repair section on North Road  R&D to gravel 2.5’’binder course and 1.5’’ top course.

2nd Beach Main Lot                2” mill, leveling course and 2’’ top course

Center Ave                                (2022 Paving Budget) Newport Avenue to Briarwood Avenue,  Full depth gravel

replacement, 2.5’’ binder course applied Summer 2022, 1.5’’ top course to be applied in Spring 2023.

PAVING COMBINED WITH RI ENERGY GAS INSTALL RESTORATION

 

Green End Ave     Compton View Road to RIDOT patch at Aquidneck Avenue, R&D to gravel, 2.5’’ binder coarse and 1.5’’ top coarse.

Newport Ave Center Avenue to Renfrew Avenue, R&D to gravel, 2.5’’ binder coarse and 1.5’’

                        top coarse.

Orchard Ave                               Wolcott Avenue to Center Avenue, R&D to gravel, 2.5’’ binder coarse and 1.5’’

                                                top coarse.

Rego Road                      Maplewood Road to East Main Road, 2’’mill for top coarse.

 

Council President Rodrigues noted asphalt prices have increased, explaining that in 2017/2018 an additional $5.00 was added to the daily passes at the beach and that will pay for the paving of the Second Beach parking lot.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

 

18.  Resolution of the Council, re:  Installation of Fiber Optic Cabling and conduit – Awarding contract to Third Millennium Communications.

 

On motion of Vice President Welch, duly seconded, to pass said resolution.

 

Town Administrator Shawn Brown addressed the Council noting that the fiber optic cable will be expanded at the beach, including the pathways.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

 

Vice President Welch recused himself from acting on the following item of business #19, due to a possible conflict of interest.

 

BOARDS AND COMMITTEES

 

19.  Appointment of seven (7) Members to the Middletown Citizens Advisory Committee.

 

Councillor VonVillas noted concern that the Middletown Citizens Advisory Committee should stay with the intent of the committee.  Ms. VonVillas explained the purpose of the Citizens Advisory Committee would be to create a forum where people can offer ideas, make suggestions and explore possibilities, particularly regarding the municipal spaces for the project; for example, the proposed tower on the conner of West Main Road and Coddington Highway.

 

Councillor VonVillas noted the following from the applications:

 

Karen Barbera – I feel I could contribute my skills and knowledge as a Landscape Design professional to our town to make this important project look and feel authentic to Middletown and Aquidneck Island as well as function as a well-planned community space that fits the needs of our residents anow and for years to come.

Emily Buck – Being a transportation engineer, I am also interested in collaborating on the accessibility of the development for transit users, cyclists, and pedestrians.  Not just to get to the site but also internally.

 

Diana Campagna Skaggs – Now is the time to recognize the importance of Middletown to Aquidneck Island.

 

Kerrie James – I have worked with finance and banking here on the island and am currently focused on mortgages (FHA, FNMA, FHLM and bond programs.) My primary interest is to provide input as a global citizen who calls Middletown home for our Middletown Center.

 

Deborah A. Murphy – We feel we can contribute good ideas in the development of this property for the good of the community.

 

Karen Roarke – I support the project and want to ensure pedestrian safety, aesthetics, open space, Smart Growth principles, and traffic calming measures are incorporated into the final plan.

 

Melissa Welch – The proposal for the Commission was suggested to the Council by myself and Karen Barbera based on our interest in supporting the town’s efforts to develop the Middletown Center.

 

On motion of Councillor VonVillas, duly seconded, to appoint Karen Barbera, Emily Buck, Diana Campagna Skaggs, Kerrie James, Deborah A. Murphy, Karen Roarke and Melissa Welch to the Middletown Citizens Advisory Committee.

 

Councillor Flynn suggested that Karen Biastre (since she has been participating) and Melody Mulcahey (wants to help) should be part of the group. Ms. Flynn also suggested that there should be committee liaisons appointed; one from Open Space and Fields and one from the Planning Board.

 

Council President Rodrigues noted that if there are too many people on a committee, it is difficult to manage.

 

A vote was taken.

 

On motion of Councillor VonVillas, duly seconded, it was voted to appoint Karen Barbera, Emily Buck, Diana Campagna Skaggs, Kerrie James, Deborah A. Murphy, Karen Roarke and Melissa Welch to the Middletown Citizens Advisory Committee; Councillor Flynn voted NO to said motion.

 

Vice President Welch returned to the dais at 10:28 pm

 

20.  Appointment of one (1) member to the Middletown Prevention Coalition, other organization involved in reducing substance abuse sector, term expiring April 2024.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint  Christine Nolan to the Middletown Prevention Coalition, other organization involved in reducing substance abuse sector, term expiring April 2024.

 

21.  Email communication of Kathleen Redgate, re:  Resignation from the Aquidneck Planning Commission.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:21 p.m.

 

 

                                                                                                                                                

Wendy J.W. Marshall, CMC

Council Clerk

 

Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri

 

 

 

TOWN COUNCIL OF THE TOWN OF MIDDLETOWN, RHODE ISLAND
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