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 M. Theresa Santos
Councillor Emily M. Tessier
Councillor Dennis B. Turano, Members Present
POSTED DECEMBER 28, 2022
REGULAR MEETING JANUARY 3, 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, January 3, 2023 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: 880 0803 4844 or on the web at https://us02web.zoom.us/j/88008034844
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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 (16,000 SF adjacent to 499 E. Main Road & Aquidneck Ave.), (5) Land Acquisition, (2) Litigation (Narragansett Electric Company v. George Durgin (C.A. NO.: NC-2021-0230), (2) Potential Litigation (PUC Docket No. 22-42-NG – In re: Issuance of Advisory Opinion to Energy Facility Siting Board (EFSB) Application to Construct LNG Vaporization Facility on Old Mill Lane, Portsmouth, RI), (2) Potential Litigation (Various off shore wind projects), (2) Collective Bargaining (FOP) and (2) Collective Bargaining (Teamsters) - 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 6:58 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Teamsters contract for July 1, 2022 to June 30, 2025.
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. Memorandum of Patrick Tierney, PE, Project Manager, Fuss & O’Neill, re: Intersection Improvement Study, Green End Avenue at Berkeley Avenue and Paradise Avenue, Fuss & O’Neill Reference No. 20151157.C11.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Town Administrator Shawn Brown addressed the Council explaining the presentation is to address potential improvements to the intersection of Green End Avenue at Berkeley Avenue and Paradise Avenue. Mr. Brown noted the goal is to add this project to the Capital Improvement Program; tonight’s presentation is to decide which way the Town Council would like to proceed with the project.
Council President Rodrigues noted there are a lot of big projects going on in the Town. Council President Rodrigues explained the Town Council will be having a Strategic Planning meeting in a few weeks to set priorities for Town projects.
Town Engineer Warren Hall reviewed how the Town reached this point of the project and there are three options being proposed: 1) A four way stop, 2) A roundabout (90’) and 3) A larger roundabout (110’). Mr. Hall explained the request is to move forward with one option to 30% design.
Town Engineer Warren Hall introduced Kevin Johnson, PE, PTOE, NETTCP, Executive Vice President of Business Development, Fuss & O'Neill, Inc., which provided a PowerPoint presentation which is on file in the Office of the Town Clerk.
Discussion centered around if the Town decides to move forward with a 30% design funding for the project will be discussed, if the Town decides to choose a roundabout option there are plenty of grants the Town can apply for to fund the project, the Town is less likely to receive grant funding if the Town decides on the stop sign option, the Town must move forward with the 30% design or it cannot apply for grants for the project, the need to review if there is an impact on resident’s property values if a roundabout is constructed in the area, the upgrades to the area will have a positive impact for bicyclists and pedestrians, safety issues in the area and the upgrade would have a positive impact on the Maidford River.
Antone C. Viveiros, Middletown, addressed the Council noting support for the 4-way stop option for the intersection. Mr. Viveiros expressed concern regarding the funding of the project with many other projects being considered by the Town.
Dan Glenning, Middletown, addressed the Council noting support of the 90’ roundabout for the intersection. Mr. Glenning explained it is a quality-of-life issue and there is a need to control traffic and speed.
Mark Donahue, Middletown, addressed the Council explaining cars travel at a high rate of speed in the area and is happy to see improvements to the intersection. Mr. Donohue noted speed control signs do not work and suggests more enforcement by the police and traffic cameras in the area.
Paul Croce, Middletown, Planning Board Chair, addressed the Council explaining the Town completed a full build out study and a roundabout was recommended for this intersection.
Sue Gleason, Middletown, addressed the Council inquiring the next steps for the project and noted support for the roundabout.
Terri Flynn, Middletown, addressed the Council noting concern with the length of time it takes to get funding from the state and suggests doing the project in phases starting with stop signs until grant funding can be secured for the project.
Discussion centered around fire trucks will have no issue navigating and passing through a roundabout, a roundabout is safe for pedestrians and bicyclists, a roundabout will slow traffic down and the cost of the 30% design which will allow the project to move forward to apply for grant funding.
Patrick Snow, Newport, addressed the Council noting he travels through the intersection regularly, explaining the large size of the intersection is an issue and safety is a priority.
Discussion centered around the concern with having a roundabout in Town, the possibility of having a 4-way stop and speed tables, it may be more difficult to secure grant funding for a 4-way stop vs. a roundabout, there are federal monies available to apply for to complete the project, the 4-way stop option requires more construction than just 4 stop signs-the size of the intersection would be narrowed and sidewalks would be installed.
Chris Patsos, Middletown, addressed the Council noting safety and speed are the two main issues. Mr. Patsos explained that a roundabout would slow drivers speed down and there is an increase in traffic and pedestrians in the area since covid.
Town Engineer Warren Hall noted that the current contract includes the 30% design plans.
Charles Aboyoun, Middletown, addressed the Council noting the need not to lose sight of the speed and safety issues in the area. Mr. Aboyoun stated that a 4-way stop does not force traffic to slow down the way a roundabout does.
Christopher Green, Middletown, addressed the Council explaining that health and safety issues should be a priority, noting the high speed of traffic in the area during the summer. Mr. Green inquired if traffic studies had been done during the summer when the traffic is busier and how far up the road would a roundabout slow traffic.
Kevin Johnson, responding to Mr. Green, explained that sight distance to see the roundabout is key with proper signage and trimming of trees in the area of the roundabout.
Julian Peckham, Middletown, Chair Roads & Utilities Advisory Committee, addressed the Council explaining it is difficult to slow speeders in the area. Mr. Peckham suggests getting an estimate for the 4-way stop.
3. Memorandum of Julian Peckham, III, Roads & Utilities Committee Chairman, re: Intersection Improvement Study, Green End Avenue, Berkeley Avenue and Paradise Avenue.
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 to have Fuss & O’Neill continue to 30% design for option #2 – 90’ Roundabout; Councillor Santos vote NO.
4. Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must submit a public participation form to the Council Clerk prior to the start of the meeting. All items discussed during this session will not be voted upon.
Antone Correira Viveiros, Middletown, addressed the Council expressing concern with areas in Town that he feels need speed enforcement. Mr. Viveiros suggests additional patrols and/or the installation of traffic cameras to enforce speed limits.
Town Solicitor Peter Regan, responding to Mr. Viveiros, explained cameras are only allowed in school zones and would have to refer to State Law regarding red light cameras on state roads.
5. Town Administration will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update on Town projects.
Town Administrator Shawn Brown reviewed the update on Town Projects above.
Vice President Welch requested that items #10 and #11 be heard under the regular portion of the agenda.
6. Approval of Minutes, re: Regular Meeting, November 7, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Special Meeting, November 21, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Special Meeting, November 28, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. Approval of Minutes, re: Regular Meeting, December 5, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
10. Communication of Ronald N. Gagnon, P.E., Administrator, Office of Customer & Technical Assistance, RI DEM, re: 240 Aquidneck Avenue, Middletown (Plat 115, Lot 54).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Vice President Welch inquired an explanation for the communication.
Town Administrator Shawn Brown, responding to Vice President Welch, explained that this area is the Atlantic Resort and they are looking to expand parking for the facility. Mr. Brown noted the process begins with RIDEM approval.
11. Discussion of Purgatory Sidewalks (Administration requests this item be continued to the next Regular Meeting – January 17, 2023).
On motion of Vice President Welch, duly seconded, to continue the Purgatory Sidewalk discussion to the January 17, 2023 agenda, at the request of the Town Administration.
Vice President Welch inquired an explanation for the request to continue.
Town Administrator Shawn Brown, responding to Vice President Welch, explained that the Town is waiting for response from RIDOT to see if the project can be modified.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue the Purgatory Sidewalk discussion to the January 17, 2023 agenda, at the request of the Town Administration.
12. Transfer of Burial Lots, re: Jane Kelly, Executrix of the Estate of Vernon A. Harvey – Section 12, Lots 19 & 20 (Graves #3 & #4 in each lot).
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said transfer of Burial lots.
13. License of Burial Lots, re: Tami Zeigler & Alphonzo Zeigler – Section 54, Lots 36 & 37.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant approve said License of Burial lots.
14. Application of Flatwaves, LLC dba The Food Shack, 1130 Aquidneck Avenue, for a Victualling House License for the 2022-2023 licensing year. (NEW)
15. Application of Principal Nutrition, LLC dba Slim Possible, 690 Aquidneck Avenue, for a Victualling House License for the 2022-2023 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.
16. Application of Diane Vertentes dba Totally Prepared, 796 Aquidneck Avenue, for a Victualling House License for the 2022-2023 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.
17. Memorandum of Superintendent of Schools, re: Town $200,000 Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Discussion centered around what the funding had been used for at the schools to date including what is complete and which requests were still outstanding, the amount of funding still available, and the council will request an update from the School Committee as to what the remaining funds will be used for as well as the status of pending requests.
Councillor Turano recused himself from acting on the following item #18 of business, due to a possible conflict of interest.
18. Communication of John Bagwill, re: Assess and Address the Growth of Short-Term Rentals.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
John Bagwill, Middletown, addressed the Council, reviewing the communication above. Mr. Bagwill additionally stated he believed that it should be the Town Council’s responsibility to develop a Short-Term Rental ordinance (if it chooses to) based on the evidence the Planning Board presents to the Town Council.
Kathleen Schafer, Middletown, addressed the Council, noting an incident she experienced with a neighboring short-term rental property. Ms. Schafer noted there should have been a formal complaint filed against the short-term rental and their permit to operate should have been revoked.
Rob Connerney, Middletown, addressed the Council noting the short term rental issue has been discussed for years. Mr. Connerney explained that the short term rental issue is not with owner occupied units, but with non-owner occupied units that are used for commercial business in residential neighborhoods. Rob Connerney stated the need to ban or curtail short term rentals, noting other communities have placed restrictions. Mr. Connerney explained short term rentals are affecting year-round housing availability in town.
Paul Croce, Middletown, Planning Board Chair, addressed the Council stating this is a good time for this proposal to be sent to the Planning Board for recommendation. Mr. Croce explained the need to research what other cities and towns have put in place for short term rentals.
Lawrence Frank, Middletown read the following into the record:
Short Term Rentals have done much damage to Middletown. The economic
consequences, the shortage of affordable housing, and the fraying of the social fabric
have been visible for some time.
First, let’s talk about how STR's should be regulated. And then second, let's examine why
this destructive enterprise is so attractive to real estate investors, both local and out of
state, who have let their greed outweigh any social responsibility to our community.
STRs should be prohibited in residential areas, with the exception of owner occupied
homes. STRs in nonresidential areas shall be taxed at the commercial tax rate, with the
exception of owner-occupied homes. STRs in nonresidential areas shall be required to have the same safety equipment as hotels, ie fire alarms, sprinkler systems, exit signs, more than one way to exit the building, etc., with the exception of owner-occupied homes.
The letter from Lou DePalma to John Bagwill has made it clear that the town has the
right to regulate these properties.
Now the second part: Short Term Rentals let their owners operate in a different tax
universe than the rest of us. A universe which allows them to collect rents and pay
NOTHING in Federal and State income taxes. If these STR houses were instead occupied by year-round residents, those people would be working locally, paying income taxes, and contributing to the social fabric of Middletown. Instead, by STR's not paying their fair share the tax burden is shifted. The hourly wage earner is in actually subsidizing the wealthy short term rental owner. This is wrong. And while this behavior cannot be made illegal, we can certainly adopt regulations that ends that which has so damaged our town.
On motion of Vice President Welch, duly seconded, to direct the Planning Board to research other communities affected by short-term rentals, identify actions taken by them as proactively manage short-term rental growth in their community and also to research any impact short-term rentals may have on the availability of housing in Middletown for full time residents.
Discussion centered around the impact of short-term rentals in neighborhoods is a quality-of-life issue, the need to understand the density of short rentals in certain areas of town, the issues seem to be with non-owner occupied rentals, the effect of short term rentals on year round housing in the Town, and residents expect neighbors, not customers.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to direct the Planning Board to research other communities affected by short-term rentals, identify actions taken by them as proactively manage short-term rental growth in their community and also to research any impact short-term rentals may have on the availability of housing in Middletown for full time residents.
Councillor Turano returned to the dais.
19. 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 34 Taxes, Section 34.02, Exemption on Residential Property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
20. Agreement with the City of Newport, re: Revised Addenda Listing for Tax Treaty.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said agreement and authorize the Town Administrator to execute the agreement.
Town Administrator Shawn Brown reviewed the Tax Treaty agreement above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said agreement and authorize the Town Administrator to execute the agreement.
21. Memorandum of Chief of Police, re: Police Department Cruiser Procurement Request.
22. Resolution of the Council, re: Police Department – Purchase of two police cruisers and equipment, funded by the Rescue Wagon Special Revenue Fund and the Finance Director is authorized to execute the purchase.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Councillor Santos inquired why the purchase of police vehicles are funded though the Rescue Wagon Fund.
Town Administrator Shawn Brown, responding to Councillor Santos, explained that originally the fund was just for the Fire Department apparatus and years ago the Council changed the policy, which now allows the purchase of police vehicles also.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
23. Memorandum of Finance Director, thru Town Administrator, dated December 8, 2022, re: DPW Department Surplus Vehicles – Dump Truck and Dodge Charger.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said item at the request of the Administration.
24. Resolution of the Council, re: DPW Department Surplus Vehicles – Dump Truck and Dodge Charger.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said item at the request of the Administration.
25. Memorandum of Finance Director, thru Town Administrator, dated December 19, 2022, re: DPW Department Surplus Vehicles – Truck cap, Front loader lifting forks, Utility crane, Generator and Grader blade and York rake.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
26. Resolution of the Council, re: DPW Department Surplus Vehicles - Truck cap, Front loader lifting forks, Utility crane, Generator and Grader blade and York rake.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
27. Communication of Tax Assessor dated December 12, 2022, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
28. 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.
29. Memorandum of Town Clerk, re: Appointment of Tree Warden – 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and appoint Alan Kirby as the Middletown Tree Warden for 2023.
30. Email communication of Emily Tessier, re: Resignation from the Aquidneck Island Planning Commission (AIPC).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
31. Adoption of the Rules of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend Council rule #29 changing the time from 7:00 pm to 6:30 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Adopt said Council rules, as amended.
32. Council Representation on various Boards and Committees.
On motion of Councillor Santos, duly seconded, to accept the Boards and Committee appointments as presented by the Town Council President.
Councillor Santos withdrew the motion above.
On motion of Vice President Welch, duly seconded, it was voted unanimously to eliminate the Budget Sub-Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Vice President Welch to the Aquidneck Island Planning Commission (liaison), Middletown Prevention Coalition (liaison), Roads & Utilities Advisory Committee (liaison) and School Building Committee (liaison); to appoint Councillor Santos to the Affordable Housing Committee (liaison), Audit Committee (member) and Citizens Memorial Committee (member); to appoint Councillor Turano to the Affordable Housing Committee (liaison), Chamber of Commerce (liaison), Middletown Outreach Committee (liaison) and Open Space & Fields Committee (liaison); to appoint Councillor Logan to the Audit Committee (member), Economic Advisory Committee (member) and Middletown Outreach Committee (liaison); to appoint Councillor Tessier to the Economic Advisory Committee (member), Library Board of Trustee’s (liaison), Open Space & Fields Committee (liaison) and School Committee (liaison); to appoint Councillor Connerton to the Beach Commission (liaison), Pension Trust Investment Committee (member), School Committee (liaison) and Newport & Bristol Convention & Visitors Bureau (liaison); and to appoint Council President Rodrigues to the Affordable Housing Committee (liaison), Audit Committee (member) and Beach Commission (liaison).
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 9:52 p.m.
Council President Rodrigues recused himself from acting on (5) Land Acquisition, due to a possible conflict of interest.
Vice President Welch, Presiding.
Council President Rodrigues returned to the session at 10:10 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 10:15 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to accept the State’s offer to purchase the surplus property adjacent to 499 East Main Road and authorize the Town Administrator to execute the document.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the proposed settlement with National Grid.
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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:16 p.m.
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Wendy J.W. Marshall, CMC
Council Clerk