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, on Tuesday, February 21, 2023 at 5:01P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Peter D. Connerton, Sr
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Emily M. Tessier
Councillor Dennis B. Turano, (Arrives at 5:02 p.m.) Members Present
*AMENDED AND POSTED FEBRUARY 16, 2023
POSTED FEBRUARY 15, 2023
REGULAR MEETING FEBRUARY 21, 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 Tuesday, February 21, 2023 at 5:00 P.M. Executive Session; Immediately following Executive Session - Meeting with the Planning Board 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: 892 6753 1751 or on the web at https://us02web.zoom.us/j/89267531751
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), (5) Land Acquisition (West Main Road), (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition, (1) Personnel (Town Administrator) and (2) Collective Bargaining (IAFF) - 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 5:03 p.m.
Council President Rodrigues recused himself from acting on a Land Acquisition discussion, due to a possible conflict of interest. (Left the session at 5:55 pm)
Vice President Welch presiding in Executive Session for the Land Acquisition discussion.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:07 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.
IMMEDIATELY FOLLOWING EXECUTIVE SESSION – MEETING WITH THE PLANNING BOARD
2. Joint Meeting with Planning Board, re: Discussion of Planning Board activities and Town Council priorities.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said meeting discussion with the Planning Board.
Present representing the Planning Board were Planning Board Chair Paul Croce, Vice Chair William Nash, Members Michael Fenton, Betty Jane Owen, Joe Pierik and Arthur Weber.
Also present was Town Planner Ronald Wolanski.
Council President Rodrigues noted that the Council has met with the Planning Board in the past to make sure everyone is all on the same page.
Planning Board Chair Paul Croce addressed the Council reviewing the following:
Discussion centered around a committee to be formed to review the Town’s Comprehensive Community Master Plan, Affordable Housing units in the Town, Inclusionary Zoning, median income for Affordable Housing, having to follow state law regarding Affordable Housing, the Town is required by law to compensate a developer in some form if requiring affordable housing units in their development, accessory dwelling units on single family residences, accessory dwelling units change the character of neighborhoods, affordable housing options an apartment building or single family homes, areas of the law for affordable housing is problematic, the law creates circumstances that the Town does not want to entertain, historical buildings in the Town, the system in place for zoning now pretty much allows for accessory dwelling unit use for family members, short term rentals in the town, the housing crisis is a national issue, housing in Middletown is a top of priority for a council, hiring a consultant to assist with the Comprehensive Community Plan update, advertising for members for the Comprehensive Plan committee, more communication regarding the update of the Comprehensive Plan (between the committee and Council), running public water to the east side of town, running the water to the east side of town would be costly to the residents and appeals from Planning Board decisions by the Zoning Board of Review (the Zoning Board is not receiving all the information considered by the Planning Board).
3. Zoning Board Interviews
· Mark Donahue
· Antone Viveiros
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said interviews.
Applicants interviewed for the Zoning Board of Review were Mark Donahue and Antone Viveiros. The Town Council asked the following questions for the Zoning Board of Review Interviews:
Zoning Board Interview Questions:
· Why do you want to be on the Zoning Board?
· What experience do you have that would qualify you to be a member of the Zoning Board?
· What useful knowledge or perspective from your own personal experience would you bring to the position?
· What do you think is the most important responsibility of a Zoning Board member?
· What would you like Middletown to look like 5 years from now?
· What do you believe is Middletown’s most important land use issue and how should it be addressed?
· What ideas or suggestions do you have regarding economic development in Middletown?
· Regular Zoning Board meetings typically take place the 4th Tuesday of each month, starting at 6 P.M., and Special meetings are called on an as needed basis. Are you available to attend them?
All questions were answered by the applicants. Applicant interviews can be seen in their entirety on the Town Website or the DVD, which is on file at the Middletown Library and the Office of the Town Clerk.
4. Planning Board Interview
· Leonidas Amarant
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said interview.
Applicant Leonidas Amarant was interviewed for the Planning Board. The Town Council asked the following questions for the Planning Board interview:
Planning Board Interview Questions:
· What experience do you have that would qualify you to be the candidate for the Planning Board?
· Why do you want to be on the Planning Board?
· Regular meetings typically take place the 2nd Wednesday of each month, in the evening, and they start at 6 P.M. Special meetings are called on an as needed are you available to attend them?
· What are your feelings regarding development around Middletown’s watershed areas?
· What do you see for Middletown’s future?
· What do you see as a healthy relationship between the Town Council and the Planning Board?
All questions were answered by the applicant. Applicant interview can be seen in their entirety on the Town Website or the DVD, which is on file at the Middletown Library and the Office of the Town Clerk.
5. 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.
Carol Cummings, Middletown, addressed the Council noting concern with the roundabout proposed on Green End Avenue, she is totally against it. Ms. Cummings is concerned with the price of the project, noting that the speed control signs/lights in the area tell people how fast they are going and slow the traffic down. Carol Cummings also noted concern with the CRMC Right-of-way #7 access to Pebbly Beach, it is unsafe and there should be a sign telling people that there is no lifeguard, swim at your own risk.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
6. (Advertised for Public Hearing; abutters notified)
Application of Island Cinemas 10, LLC, 866 West Main Road (Plat 106, Lot 150), for a Class BL Liquor License for use at the same premises. (New)
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the March 6, 2023, Regular Meeting of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Turano requested that items #12 and #13, be heard under the regular portion of the agenda.
7. Approval of Minutes, re: Special Meeting, January 18, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Special Meeting, January 23, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. Approval of Minutes, re: Special Meeting, January 25, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
10. Approval of Minutes, re: Regular Meeting, February 6, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
11. Approval of Minutes, re: Special Meeting, February 7, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
12. Report from Vince Petronio, Consultant, re: Town Council Strategic Planning Meeting, January 23, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said report.
Councillor Turano noted the Council had a strategic planning meeting orchestrated by Vince Petronio. Mr. Turano explained the report has the Council’s top goals as building new schools, zoning and housing stock, financials/ taxes, moving sports fields and the need to focus on the goals. Councillor Turano suggested to revisit the goals in about six months.
Council President Rodrigues noted agreement and noted the need to “change with change”.
13. Approval of Budget Schedule:
· Wednesday, May * Monday, April 17, 2023 – Administrator’s FY 2024 proposed budget received by Town Council 6:00 PM.
· Monday, May 8, 2023 – School Committee budget presentation.- 6:00 PM
· Saturday, May 20, 2023 – Budget Meeting with all departments. – 8:00 AM
· Monday, June 5, 2023 – Budget Review – 6:00 PM – Regular TC Meeting - 6:30 PM
· Tuesday, June 13, 2023 – Budget - First Public Hearing – 6:00 P.M
· Wednesday, June 21, 2022 – Budget – Second Public Hearing and Adoption – 6:00 PM
On motion of Vice President Welch, duly seconded, to approve said Budget Schedule.
Councillor Turano noted he wanted to bring public awareness that the budget process is in full swing. Mr. Turano read the schedule above into the record. Councillor Turano also inquired about 2-, 3- and 4-year budget forecasts and if the Town Council should direct the Town Administrator to show what a 2% budget increase would look like.
Town Administrator Shawn Brown, responding to Councillor Turano, explained that the Town has been doing 2-year budget forecasts for years. Mr. Brown noted the budget is based on the needs of the Town.
Discussion centered around the budget process, the departments prepare a budget and review the request with the Town Administrator and none of the departments are requesting items that are not necessary.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Budget Schedule.
14. Application of Laurin Enterprises dba Gold’s Auto Wrecking Co., 113 Fenner Avenue for RENEWAL of a Junk Dealer’s License for the 2023-2024 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
15. Application of Marc Milici dba Troubled Soul & Company, LLC, 999 West Main Road, for RENEWAL of a Tattoo License for the 2023-2024 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
16. Application for Special Event Permit from Elevate Fitness for Elevate Fitness Beach Boot Camp at Third Beach (Tuesdays and Thursdays) from Tuesday, May 30, 2023 to Thursday, August 31, 2023, from 5:30 am to 7:30 am.
On motion of Vice President Welch, duly seconded, to grant said Special Event permit.
Councillor Logan inquired the time of the beach parking lot opening and if the time of the boot camp conflicts with the beach opening.
Town Administrator Shawn Brown responded explaining there are no issues, the beach opens at 8:00 am.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit.
17. 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 150, Development Impact Fees.
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Vice President Welch noted he has a son who is trying to build in Middletown at this time. Mr. Welch explained he did not realize that these impact fees are to allow the town to provide infrastructure. Vice President Welch stated each time a new residence is added it places a burden on the Town’s infrastructure. Vice President Welch noted concern that the person building is trying to live here and is required to pay impact fees on building a new home. Mr. Welch suggests not increasing the impact fees, explaining there have only been 25 new home permits over the past five years.
Discussion centered around the proposed change to the ordinance being a substantial increase, the fees are a barrier for people trying to build homes in the town, impact fees assist in balancing the budget due to an increase on infrastructure, low and moderate income housing is exempt, renovating an existing home is exempt, impact fees verses higher taxes, the proposed ordinance is the maximum that can be charged, impact fees cannot be used for school buildings due to declining enrollment of students, if the Council requires additional information regarding impact fees before adopting the proposed ordinance, using impact fees for the proposed library project, taking the single family, multifamily and mobile homes amending to half the proposed increase and leaving retail, office and industrial as written, the need to find revenue in the town that is not tax generated, impact fees is one way for additional revenue without putting the burden on the back of the taxpayer, and the need to look at the fiscal impact of impact fees.
Vice President Welch amended the motion as follows:
On motion of Vice President Welch, duly seconded, it was voted to change the single family, multi-family and mobile home increases to 50% of what is written and leaving retail office and industrial flex alone; Vice President Welch and Councillor Turano voted YES; Council President Rodrigues, Councillor Logan, Councillor Santos and Councillor Tessier vote NO to said Motion; MOTION FAILED TO PASS.
On motion of Vice President Welch, duly seconded, it was voted to adopt said ordinance on its second reading; Vice President Welch and Council Turano voted NO to said motion.
18. An Ordinance of the Town of Middletown. (Second Reading)
An Ordinance in amendment to Title VII, Traffic Code, Chapter 75, Traffic Schedules, Seascape Avenue, 20mph.
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Councillor Logan noted concern that residential roads should not be 20 mph, they should be 15 mph.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to adopt said ordinance on its second reading; Councillor Logan and Councillor Santos voted NO to said motion.
19. Memorandum of Finance Director, re: Senior Center HVAC Replacement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
20. Resolution of the Council, re: Award of contract U.G. Nasons, Inc. for Senior Center HVAC Replacement.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #19.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
21. Memorandum of Finance Director, re: Financial Report – Six Months Ended December 31, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
Town Administrator Shawn Brown requested this item be continued to the March 6, 2023, Regular Meeting of the Council, due to the Finance Director being unable to attend this meeting.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the March 6, 2023, Regular Meeting of the Council.
22. Appointment of four (4) members to the Bicycle and Pedestrian Advisory Committee, terms to be determined.
Discussion centered around term limits for the applicants, if Councillor Tessier will be a voting member of the committee, the need for more time to review the applications, the applicants are all qualified, if the membership of the committee can be increased, having an odd number on the committee not counting Councillor Tessier and continuing this item until the next regular meeting of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the March 6, 2023, Regular Meeting of the Council.
Councillor Santos had left the dais at 8:18 pm
23. Appointment of one (1) member to the Conservation Commission, to complete a term expiring July 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Bryan Hoffman to the Conservation Commission to complete a term expiring July 2024.
Councillor Santos returned to the dais at 8:21 pm
24. Appointment of one (1) member to the Planning Board, term expiring February 2026.
Councillor Turano nominated Leonidas Amarant, duly seconded.
Vice President Welch nominated Joseph Pierik, duly seconded.
A vote was taken to appoint Leonidas Amarant to the Planning Board for a term, expiring February 2026; Vice President Welch voted NO to said motion.
25. Appointment of two (2) members to the Zoning Board of Review, one (1) vacancy, Second Alternate, to complete a term expiring in April 2023 and one (1) vacancy, Third Alternate, to complete a term expiring April 2023.
Discussion centered around the Council will appoint for a term ending April 2024, due to the appointments expiring April 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Mark Donahue, second alternate, for a term expiring April 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Antone Viveiros, third alternate, for a term expiring April 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:25 p.m.
__________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri