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
Vice President Thomas P. Welch, III
Councillor Peter D. Connerton, Sr.
Councillor Christopher M. Logan
Councillor Emily M. Tessier
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
POSTED NOVEMBER 29, 2023
REGULAR MEETING DECEMBER 4, 2023
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, December 4, 2023 at 5:30 P.M. Executive Session, Legislative Agenda Immediately following 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: 836 8255 7824 or on the web at https://us02web.zoom.us/j/83682557824
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.
5:30 P.M. - EXECUTIVE SESSION
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) Land Acquisition, (2) Collective Bargaining (Council 94), and (2) Potential Litigation - 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 5:31 p.m.
Council President Rodrigues recused himself from acting on the Collective Bargaining (Council 94) and Potential Litigation item, due to a possible conflict of interest. Council President Rodrigues left the session at 5:33 p.m.
Vice President Welch Presiding.
Town Solicitor Peter B. Regan recused himself from acting on Potential Litigation and Land Acquisition item, due to a possible conflict of interest. Mr. Regan left the session at 5:49 p.m.
Councillor Turano recused himself from acting on the Potential Litigation item, due to a possible conflict of interest. Councillor Turano left the session at 5:50 p.m.
Council President Rodrigues and Councillor Turano returned to the session at 6:21 pm.
Council President Rodrigues Presiding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:31 p.m.
Council President Rodrigues recused himself, due to a possible conflict of interest, at 6:31 pm.
Vice President Welch Presiding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said fiscal impact statement (Council 94).
Council President Rodrigues returned to the dais at 6:33 pm.
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 retired Deputy Police Chief Terry Hazel.
IMMEDIATELY FOLLOWING EXECUTIVE SESSION – Legislative Agenda
LEGISLATIVE AGENDA
2. Town’s Legislative concerns to be addressed at the 2024 session of the General Assembly - with the Town’s General Assembly Delegation. (No documentation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin discussion of the Town’s Legislative concerns to be addressed at the 2024 session of the General Assembly - with the Town’s General Assembly Delegation.
Present were Senator Louis P. DiPalma, Representative Terri Cortvriend and Representative Alex Finkelman.
Senator Lou DiPalma noted the state budget is projected to have a surplus. Mr. DiPalma explained that the state budget hearings will begin in January 2024.
Town Administrator Shawn Brown reviewed the following:
Town of Middletown
Town Council Legislative Agenda
December 4, 2023
New legislation:
1. Introduce legislation that would allow the Town to assess an additional local Hotel Tax that would be used to fund infrastructure improvements (school facilities)
2. Introduce legislation that would expand the definition of properties eligible for the State PILOT program to include DOD Military installations (excluding military housing)
3. Introduce legislation that expands the School Housing Aid program:
a. Increase the base reimbursement amount from 35% to 40%
b. Introduce an increased reimbursement for net zero and other energy efficient construction – align reimbursement with the State’s ‘Act on Climate’ law.[1]
4. Library:
a. Support updating the reimbursement rate allowed for library construction projects. The current rate was set around 2016/2017.
b. Introduce enabling legislation allowing for a referendum to construct a new library at Middletown Center.
[1] In April 2021, Governor Daniel McKee signed the Act on Climate law, cementing Rhode Island's commitment to reduce carbon emissions 45% below 1990 levels by 2030, 80% by 2040, and to net-zero by 2050.
Support:
1. Support funding to study the creation and planning for a Burma Road Transportation Improvement District.
2. Establishing an ongoing funding stream for the Learn 365 program.
3. Changing the School Educational Aid formula to increase funding for high-cost special education services, and Multilingual Learners.
Discussion centered around the need for the town to be able to generate revenues for several reasons to support infrastructure, education funding and the cost of special education, an increase to the hotel tax, the school building bond and the amount of reimbursement from the state for the school building project, and partnering with other cities and towns to gain legislative support.
6:30 P.M. – REGULAR MEETING
PRESENTATIONS
3. Memorandum of Emily Buck, BPAC Chair, Re: Presentation – Green and Complete Street Ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Emily Buck, BPAC Chair, reviewed the memorandum above.
Peter Midgley, BPAC committee member, reviewed a PowerPoint presentation “Green and Complete Streets”, which is on file in the Office of the Town Clerk.
Discussion centered around improved streetscapes will benefit pedestrians, bikers and drivers as well as help the environment, a bike path to connect all of Aquidneck Island, and working with Bike Newport and the Aquidneck Island Land Trust on a bike path.
4. Communication of Paige Myatt, Aquidneck Island Regional Resilience Coordinator, Rhode Island Infrastructure Bank and Elizabeth Scott, Elizabeth Scott Consulting, Rhode Island Liaison for SNEP Network, re: Update on the Community Assistance Project funded by SNEP (Southeast New England Program) Network – Sharing results and successes of the project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and begin presentation.
Paige Myatt, Aquidneck Island Regional Resilience Coordinator, addressed the Council presenting a PowerPoint presentation “Climate Resiliency Planning & Financing Strategy for the Town of Middletown, which is on file in the Office of the Town Clerk.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
5. Application of the Estate of Dennis Crookes dba Woodhookers Sports Tavern, Carol Crookes, Executrix, 238 East Main Road to TRANSFER said Class BV Liquor License to Carol Crookes dba Woodhookers Sports Tavern for use at the same premises. (NEW; Requires advertising for a public hearing to be held on December 18, 2023)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise for a public hearing to be held on December 18, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
6. The Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Town Projects update.
Town Administrator Shawn Brown updated the following project:
Town Administrator Shawn Brown reviewed the Affordable Housing Projects in the Town, explaining the Affordable Housing Committee is regrouping. Mr. Brown noted the project is in the master planning phase and once the number of units is approved, the Town will be able to file the housing application with Rhode Island Housing. Mr. Brown explained the Town is also in the process of working on affordable housing across the street from Town Hall and there will be affordable housing units included in the West Main Road development project.
7. The Town Administrator will provide an update on the School Building Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the School Building Project update.
Town Administrator Shawn Brown reviewed the following:
Enter School Building Project update
8. 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.
Town Administrator Shawn Brown introduced newly appointed Deputy Department of Public Works Director Scott McLeish, noting he has been an employee of the Public Works Department for 25 years and a lifelong resident of Middletown. Mr. Brown noted Mr. McLeish brings much to the department with his years of experience working for the Town.
Deputy Public Works Director Scott McLeish thanked the Council for the opportunity and is looking forward to working in this position.
Council President Rodrigues requested that item #10 be heard under the regular portion of the agenda.
9. Approval of Minutes, re: Regular Meeting, November 6, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
10. Resolution of the Council, re: Proclamation – Small Business Saturday in the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Council President Rodrigues read the resolution above into the record.
11. Memorandum of Paul A. Croce, Chair, Middletown Planning Board, re: 2023 RI General Assembly Session – Housing-related bills S1034A & S1038A. (Council action to advertise for a future public hearing.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.
12. (Public Hearing Advertised)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title IV: Land Usage, Chapter 152 Zoning Code. (Planning Board recommendation on file)
Public hearing was open.
Town Planner Ronald Wolanski reviewed the PowerPoint “Zoning Amendments Required by 2023 Legislation”, which is on file in the Office of the Town Clerk.
Discussion centered around the Town Council and Planning Board having a joint meeting to further understand the proposed changes to state law, the change in state law effects all cities and towns in Rhode Island, and changes in the law are being driven by the need to increase housing inventory in the state.
Edward McPherson, Middletown, addressed the council by zoom, noting that an opportunity is being missed by not allowing 2 family homes in a R10/R20 district and hopes that change will be considered. Mr. McPherson noted the change would help residents remain in the Town.
There being no other persons present or on zoom desiring to be heard, public hearing remains open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
13. Application for Special Event Permit from MHS PTG & Middletown Little League for the Islanders Plunge, A Polar Plunge on New Years Day (Monday, January 1, 2024) to be held at Second Beach from 11:00 am to 2:00 pm. (Applicant respectfully requests all fees be waived)
14. Application for Special Event Permit from Middletown Prevention Coalition for Middletown Family Day 2024, National Prevention Initiative that celebrates family engagement with fun, family friendly activities to be held at Second Beach on Saturday, September 28, 2024 – Rain date Sunday, September 29, 2024. (Applicant respectfully requests all fees be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.
15. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 36 Fee Schedule, (D) Parks and Recreation (2) Campground Fees.
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Discussion centered around the recommendation is to decrease the campground fee, but increase the number of units/camp sites in use for the season, disagreement with lowering the campground rate when there is a waiting list in effect, the campground season has been extended, and campground users get a guest pass to use the beach.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to adopt said ordinance on its second reading; Vice President Welch, Councillor Connerton, Councillor Logan, Councillor Tessier and Councillor VonVillas votes YES; Council President Rodrigues and Councillor Turano voted NO.
16. Communication on behalf of the 220 Middletown signees to Letter to the Town Council, dated July 4, 2023, re: Requested Modifications to Purgatory Road Sidewalk Design.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Taylor Rock, Middletown, reviewed the communication above. Mr. Rock noted the neighborhood is not opposed to the installation of a sidewalk in the area but is suggesting a different approach and has engaged Neal Hingorany, MS, PLS, President, Narragansett Engineering.
Neal Hingorany, Narragansett Engineering, addressed the council presenting a PowerPoint, which is on file in the Office of the Town Clerk.
Mia Ceres, Middletown, addressed the Council explaining the project is something good for the area, but recommends a different approach. Ms. Ceres noted Purgatory Road is like two different areas; one from Aquidneck Avenue to Wolcott Avenue and the other from Wolcott Avenue to the beach. Ms. Ceres expressed concern with the installation of concrete sidewalks in the area that would allow for stormwater run-off to go to the beach.
Bari Freeman, Bike Newport Executive Director, addressed the council reviewing the following:
Discussion centered around the residents coming together to make a proposal for the project, the surface of the sidewalk should be permeable, having a beveled curb along the sidewalk instead of a sharp concrete curb, taking the recommendations back to the engineers working on the project for the Town, the recommendations from the residents fit within the timeframe of the project, and getting an updated cost and timeline for the project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 9:47 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 9:57 p.m.
Council President Rodrigues recused himself from acting on the following item of business #17, due to a possible conflict of interest. Mr. Rodrigues left the dais at 10:00 pm.
Councillor Turano recused himself from acting on the following item of business #17, due to a possible conflict of interest. Mr. Turano left the dais at 10:00 pm.
Town Solicitor Peter Regan recused himself from acting on the following item of business #17, due to a possible conflict of interest. Mr. Regan left the dais at 10:00 pm.
17. Memorandum of Councillor VonVillas, re: Short-Term Rentals.
On motion of Councillor Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor VonVillas reviewed the memorandum above.
On motion of Councillor VonVillas, duly seconded, to re-establish the Sub-Committee of the Town Council to be assisted and advised by the Town Administrator and the Town Attorney:
To establish a process whereby all Issues and desired Outcomes related to Short Term Rentals in Middletown are identified, the Structure of Meetings is formulated, and a tentative meeting schedule is established in order to ensure timely completion of the following goal:
To address issues related to short-term rentals in Middletown and make recommendations which will result in improved Registration, Regulation, and Enforcement.
Greg Estabrooks, Attorney, Providence, representing STROM, addressed the Council reviewing the following:
Town Council December 4, 2023
Greg Estabrooks, Kelly, Sousa and Parmenter, 128 Dorrance, Providence Suite 100
Representing STROM Short Term Rental Owners of Middletown
STROM has some suggestions for the subcommittee’s composure. First, STROM suggests that any subcommittee should include members from municipal with the most direct relationship to short term rentals. …
STROM discourages the town from appointing members of the town council who has publicly on the record prejudged the regulation of short term rentals in the past including Mr Rodrigues(council president) and Mr. Welch(council vice president) who is on the record as opposing short term rentals in the past. Appointing these members to the subcommittee would be a violation of STROM's and others constitutional due process rights because of their prejudice and unwillingness to consider objective evidence on short term rental regulation. The town should be aware that participation of these individuals in the subcommittee exposes the town to potential liability since these members have already prejudged this issues.
STROM request that a subcommittee on this issue include STROM itself considering the fact that STROM itself broadly represents the interests of those who will affected by any new potential regulations that come from the subcommittee.
This requests exemplifies STROM's desire to partner with the town so that short term rentals are sensibly regulated.
STROM emphasizes that the goal of any subcommittee on STR's should be to adopt an evidenced based approach.
In sum, but to the extent that the town thinks a new subcommittee is necessary, STROM encourages the town to form a subcommittee with members who are not prejudiced on this issue. Any new subcommittee should consist of open-minded members who are willing to make decisions based on the evidence.
Lawrence Frank, Middletown, addressed the Council reviewing the following:
Rob Connerney, Middletown, read the following into the record on behalf of John Bagwill.
Rob Connerney, Middletown, addressed the Council noting the employees at his Middletown company cannot find housing in the area. Mr. Connerney explained everything in Ms. VonVillas’ memo has been done and there has been no change with the short-term rental issue. Mr. Connerney noted there are many empty homes, due to short term rentals in Town and residents have given up on reporting short term rental issues.
Discussion centered around support for the establishment of the Short-Term Rental Sub-committee and there is no housing inventory in the town.
A vote was taken.
On motion of Councillor VonVillas, duly seconded, it was voted unanimously to re-establish the Sub-Committee of the Town Council to be assisted and advised by the Town Administrator and the Town Attorney:
To establish a process whereby all Issues and desired Outcomes related to Short Term Rentals in Middletown are identified, the Structure of Meetings is formulated, and a tentative meeting schedule is established in order to ensure timely completion of the following goal:
To address issues related to short-term rentals in Middletown and make recommendations which will result in improved Registration, Regulation, and Enforcement.
On motion of Councillor Tessier, duly seconded, it was voted unanimously to appoint Vice President Welch, Councillor Connerton, and Councillor VonVillas to the Short-Term Rental Sub-committee.
Council President Rodrigues returned to the dais at 10:32 pm.
Councillor Turano returned to the dais at 10:32 pm.
Town Solicitor Peter B. Regan returned at 10:32 pm.
18. Memorandum of Finance Director, thru Town Administrator, re; Update to the Town’s Capital Asset Capitalization Threshold.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
19. Resolution of the Council, re: Approving the Capital Asset Capitalization Threshold policy.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum in item #18 above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
20. Communication of Tax Assessor dated November 22, 2023, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
21. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
22. Memorandum of MPC Director, through Town Administrator, re: MPC Committee Infrastructure.
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 continue this item to the December 18, 2023, Regular Meeting of the Council.
23. Appointment of one (1) member to the Tax Assessment Review Board, Democrat or Republican Representative, for a term expiring October 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Tracy Taber to the Tax Assessment Review Board for a term expiring October 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:38 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri