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 Christopher M. Logan
Councillor Emily M. Tessier
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas (sworn it at 5:35 PM), Members Present
Councillor Peter D. Connerton, Sr., Absent
Town Solicitor Peter B. Regan, Present
Assistant Town Solicitor Michael Monti, Present
POSTED JUNE 14, 2023
REGULAR MEETING JUNE 20, 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, June 20, 2023 at 5:30 P.M. Town Council Appointment - Executive Session – Immediately following Town Council Appointment 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: 814 0412 4358 or on the web at https://us02web.zoom.us/j/81404124358
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.
5:30 P.M. - Appointment of Town Council Member
1. Memorandum of Town Clerk, re: Appointment of Town Council Member.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Barbara A. VonVillas as Town Councillor for a term expiring November 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to have Councillor VonVillas sworn in by Town Clerk Wendy J.W. Marshall.
Councillor VonVillas was sworn in.
Council President Rodrigues noted that the Council followed the process in the Town Charter for the appointment of Council members. Mr. Rodrigues welcomed Councillor VonVillas, noting that she has been on prior Town Councils, is experienced, and he is grateful she is back on the Council.
Councillor VonVillas noted she is happy to be back, and it will be business as usual.
EXECUTIVE SESSION- Immediately following Town Council Appointment
2. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition, (2) Litigation (NC-2023-0185) 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 5:36 p.m.
Town Solicitor Peter B. Regan left the meeting.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the IAFF fiscal impact statement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive litigation information NC-2023-0185- Matteson Complaint and refer to the RI Interlocal Trust.
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.
3. Memorandum of Town Administrator, re: Presentation by School Building Committee and Project Team.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Colliers Project Leader-Derek Osterman and HMFH Architects Tina Stanislaski and Matt LaRue, presented a PowerPoint presentation and answered Town Council inquiries. The power point is on file in the Office of the Town Clerk.
Discussion centered around changes to the timeline/schedule of the school building project due to legislative amendments, the changes will help to slow the pace for town expenditures giving greater planning opportunity and the ability to secure better pricing for the project, sharing the cafeteria between the Middle School and High School, utilizing the school facilities for trade education at night, a separate entrance for the auditorium, re-use of the planetarium and keeping the project on time and on budget.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
4. (Advertised)
Application of S.H.I.J., Inc. dba New Sea Shai, 747 Aquidneck Avenue, to TRANSFER said Class BV Liquor License to Pinoykabayan, LLC dba Filipino Asian Cuisine and Sushi Bar for use at the same premises. (New)
Public Hearing was declared open.
There being no persons present or on zoom desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said transfer of license.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
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.
No one spoke during this session.
6. Approval of Minutes, re: Regular Meeting, June 5, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Application of Island Management, Inc. dba FLO’S Clamshack, 4 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2023-2024 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
8. Application of Angel Camacho, North Kingstown, for RENEWAL of a Tattoo License for the 2023-2024 licensing year to be used at 999 West Main Road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
9. Application of T-Mobile Northeast, LLC dba T-Mobile, 99 East Main Road, for RENEWAL of a Holiday Sales License for the 2023-2024 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
10. License of Burial, re: Matthew W. Chisty and Zoe Christy – Section 16, Graves 63 & 63.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said license of burial.
11. Application of to Pinoykabayan, LLC dba Filipino Asian Cuisine and Sushi Bar, 747 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.
12. Application of to Pinoykabayan, LLC dba Filipino Asian Cuisine and Sushi Bar, 747 Aquidneck Avenue, for an Amusement License for the 2023-2024 licensing year. (New; Karaoke, one-person acoustic, singing; Inside only All doors and windows shut)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
13. Application for Special Event Permit from Bradley Hierholzer, Hagerty July 4th Fireworks at Peabody’s Beach, to be held on Monday, July 3, 2023 from 6:00 pm to 10:00 pm. (Fireworks display at 9:00 pm)
14. Application for Special Event Permit from United Congregational Church, United Congregational Church Yard Sale at 524 Valley Road, to be held on Saturday, August 12, 2023, from 8:00 am to 2:00 pm, rain date Saturday, August 19, 2023, from 8:00 am to 2:00 pm. (Applicant requests permit fees be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit and waive permit fees.
15. Application of the Town of Middletown for Special Event Permit for the Music in the Park – Live Music, Food Trucks and Lawn Games to be held on Mondays, July 10th, 17th, 24th & 31st, 2023 beginning at 6:00 pm to 8:00 pm at Paradise Valley Park. (Town Event all fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit and waive all fees.
16. Memorandum of Paul A. Croce, Chair, Planning Board, re: Draft Airport Area Overlay District Zoning Amendments. (Council action to order advertised 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.
Assistant Town Solicitor Michael Monti recused himself from items #17 and #18, due to a possible conflict of interest.
Conflict Council Peter F. Skwirz was present.
17. Memorandum of Paul A. Croce, Chair, Planning Board, re: Response to Town Council Request for Short-Term Rental Research.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
18. Memorandum of Town Administrator, re: Discussion on Short Term Rentals: Limiting Number of Units Per Property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown explained the Council received a letter from the Easton’s Point Association that suggested limiting the number of units a short-term rental can have on one property. Mr. Brown also noted a prior discussion with the Town Council regarding limiting the expansion of short-term units on a property.
Conflict Council Peter F. Skwirz, Esquire, addressed the Council explaining that he has had a discussion with the Planning Staff and Town Administrator. Mr. Skwirz explained there is a current state law regarding short-term rentals which has been amended, but the amendment is not clear if the Town would be able to limit the number of short-term rental units on a property. Mr. Skwirz noted it would be better to send a resolution to the General Assembly to amend the statue before adopting an ordinance limiting short term rentals. Conflict Council Skwirz indicated that Middletown has a very good ordinance in place for short-term rentals.
Discussion centered around that it is unknown if Newport has had any challenges to their ordinance restricting short-term rentals.
Assistant Solicitor Michael Monti returned.
19. Memorandum of Town Administrator, re: Proposal to FJS Contract for Berkeley/Peckham & Oliphant Housing Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Vice President Welch, duly seconded, to approve the amendment to the FJS contract to allow the town’s plan to develop Berkeley/Peckham and Oliphant properties into affordable housing to proceed.
Frank Spinella, representing FJS Associates Ltd., reviewed page two of the memorandum above.
Discussion centered around the timeline for filing for the grant, the importance of the project and the project being on time and on budget.
Antone Viveiros, Middletown, addressed the Council explaining he has been advocating for using Berkeley/Peckham School for Affordable Housing for a long time and thanks the Council for supporting this project.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the amendment to the FJS contract to allow the town’s plan to develop Berkeley/Peckham and Oliphant properties into affordable housing to proceed.
20. Memorandum of Town Planner, thru Town Administrator, re: FY23 Safe Streets and Roads for All (SS4A) Grant – Comprehensive Safety Action Plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
21. Resolution of the Council, re: Authorizing the Town Administrator to prepare and submit a grant application under the Safe Streets and Roads for All (SS4A) grant program.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Antone Viveiros, Middletown, addressed the Council noting support for the installation of red-light cameras at traffic lights and noted his support for the grant program.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
22. Memorandum of Finance Director, thru Town Administrator, re: Equipment Purchase: Parks and Recreation Tractor.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
23. Resolution of the Council, re: Equipment Purchase: Parks and Recreation Tractor and authorizing the Finance Director to execute said purchase.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Public Works Director Robert Hanley reviewed the memorandum in item #22.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
24. Communication of Healthy Communities Coordinator, thru Town Administrator, re: Learn365RI.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, to approve and authorize the Town Administrator to execute the Rhode Island Municipal Education Compact and forward said document to the Governor.
Healthy Communities Coordinator Lori Turner reviewed the memorandum above.
Discussion centered Ms. Turner meeting with community partners, the money the Town may receive from the state for the program and the hope that the Town will receive more than the minimum grant amount.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve and authorize the Town Administrator to execute the Rhode Island Municipal Education Compact and forward said document to the Governor.
25. Appointment of Council Liaison to the following Committees:
· Affordable Housing Committee
· Audit Committee
· Citizens Memorial Committee
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Councillor VonVillas to the Audit Committee, Affordable Housing Committee and the Citizens Memorial Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:19 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri