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
Town Clerk Wendy J.W. Marshall was Acting Town Administrator.
POSTED MAY 10, 2023
REGULAR MEETING MAY 15, 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, May 15, 2023 at 5:30 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: 896 5404 0398 or on the web at https://us02web.zoom.us/j/89654040398
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), (2) Collective Bargaining (Library/NEARI), (5) Lease, (2) Collective Bargaining (FOP) 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 5:32 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:32 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the Library NEARI fiscal impact statement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to lease Tibbits Farm for hay and subject to agreement on the terms of the lease.
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. (Continued from April 17, 2023 and May 1, 2023) Citation of the Council, re: “The Hurricanes” – Rogers/Middletown/Tiverton (RMT) High Schools Co-op Hockey Team.
There was no one present from the Hurricanes.
Council President Rodrigues requested that the Citation and gift be given to the Coach of “The Hurricanes”.
ADDENDUM TO TOWN COUNCIL AGENDA
POSTED – May 11, 2023
REGULAR MEETING – May 15, 2023
UPDATE
2a. Update on the School Building Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update.
Ed Brady, Co-Chair of the School Building Committee, addressed the Council reviewing the following:
Discussion centered around enrollment of students, impact of military students and affordable housing on enrollment, and there will be a new middle school and high school built on one campus with the buildings having maximum flexibility.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
3. Communication of Bahij Boutros, re: Class BL Liquor License Application of Baja’s Fresh Grill IV, LLC , Property 330 West Main Road, Middletown, RI, request of Council to exceed the cap on Class B liquor licenses.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Bahij Boutros, owner of Baja’s Fresh Grill IV, LLC, addressed the Council noting that he has several other restaurants in the state that sell beer and wine. Mr. Boutros explained the restaurant closes by 10 pm.
Town Clerk Wendy J.W. Marshall answered Town Council inquiries regarding liquor license regulations and policies in the Town.
Discussion centered around the liquor license policy in the City of Newport and the number of liquor licenses is a policy set by the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjust the current cap on Class B Alcoholic Beverage Licenses by increasing the number of Class B Licenses from 41 to 42.
4. Application of Baja’s Fresh Grill IV, LLC d/b/a Baja’s Fresh Grill, 330 West Main Road, for a Class BL Liquor License for use at the same premises. (New; Requires Advertising for a future Public Hearing and Notification to abutters)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, notify abutters and advertise for public hearing for June 5, 2023.
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.
Phillip Ainsleigh, Middletown, addressed the Council noting concern that the proposed affordable housing development on East Main Road will have proper stormwater management/migration measures for the property.
Town Solicitor Peter B. Regan responded that the Town also must comply with stormwater regulations for the Town. Mr. Regan noted the process for detailed engineering on the property has not begun yet.
Antone Viveiros, Middletown, addressed the Council noting several proposed projects in the Town will be costly to the taxpayers.
6. Approval of Minutes, re: Regular Meeting, May 1, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Resolution of the Council, re: Welcoming the Golden Rule Peace Boat to Rhode Island In Support of a Nuclear Free World.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
8. Application of A&M Acquisitions, LLC dba A&M Tactical, 10 Coddington Highway for RENEWAL of a Firearms Dealers License for the 2023-2024 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
9. Transfer of Burial Lots, re: Richard I. Davis to Stewart A. Davis – Section 53, Graves 11 & 12.
10. Transfer of Burial Lots, re: Elliott Marshall to Wendy J.W. Marshall – Section 48E, Graves 58 & 59.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said transfer of Burial lots.
11. License of Burial Lots, re: Tim Beck & Cari Beck – Section 56, Graves 80, 81, 82 & 83.
12. License of Burial Lot, re: Shawn J. Brown & Celia Brown - Section 56, Grave 71.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of Burial lot.
13. License of Burial Lots, re: Harry Ray Clancey & Karin H. Clancey - Section 56, Graves 53 & 54.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of Burial lots.
14. Memorandum of Gregory Angel, Newport Yogis, re: Request to waive permit fees for Special Event Permit from Newport Yogis for Newport Yogis Full Moon Yoga, Yoga at Second Beach, Surfers End to be held on Saturday, June 3, 2023 from 7:30 pm to 9:30 pm, Monday, July 3, 2023 from 7:30 pm to 9:30 pm, Tuesday, August 1, 2023 from 7:30 pm to 9:30 pm and Wednesday, August 30, 2023 from 7:00 pm to 9:00 pm., which was approved at the April 17, 2023, Regular Meeting of the Council.
Gregory Angel addressed the Council requesting they waive the fees for his Newport Yogis Full Moon Yoga events.
Councillor Santos inquired if Mr. Angel has non-profit status for his business.
Mr. Angel explained that he has non-profit status and the proceeds from the events will benefit local non-profits.
Councillor Logan suggested that Mr. Angel provide a copy of non-profit status.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and waive said permit fees, contingent upon applicant providing non-profit status.
15. Application for Special Event Permit from St. George’s School – Camp Ramleh, Yard Sale open to the public to be held at St. George’s School Hockey Rink on Saturday, June 10, 2023 from 8:00 a.m. to 12:00 p.m., includes a request to waive permit fee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive said permit fee.
16. Application of Rising Tide Angler, Inc. dba Saltwater Edge, 1315 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
17. Memorandum of Town Planner, re: Town of Middletown PY 2022 CDBG Application – 1st Public Hearing.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
18. Public Hearing (First Reading - Advertised)
Town of Middletown PY 2022 CDBG Application -Small Cities Community Development Block Grant for certain projects. Funding is available for the Town of Middletown to apply to undertake a range of activities including:
a) Improved housing opportunities for low and moderate-income families and individuals.
b) Provision of employment opportunities for low and moderate-income persons.
c) Provision of community facilities and services principally benefiting low and moderate-income families and individuals.
Public Hearing was declared open.
Town Planner Ronald Wolanski addressed the Council reviewing the memorandum from item #17.
Councillor Turano inquired if CDBG funding is available for affordable housing projects.
Robert Plain, from Church Community Housing Corporation, addressed the Council explaining that the housing process is a separate application/money from the CDGB funds.
There being no other persons present, by telephone or webinar desiring to be heard, public hearing was declared closed.
19. Communication of J. Clement “Bud” Cicilline, 1st Vice President Co-Chair, NAACP Newport County Branch Golf Tournament Committee, re: Request for support by sponsoring a Tee Sign for the Golf Tournament.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and sponsor a tee sign in the amount of $150.00 to be appropriated from the Council President’s Discretionary Fund.
20. Appointment of one (1) member to the Open Space and Fields Committee, for a term expiring November 2025.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Tim Barrow to the Open Space and Fields Committee, for a term expiring November 2025.
21. Appointment of one (1) member to the Roads and Utilities Advisory Committee, resident member, for a term expiring April 2026.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reappoint Julian F. Peckham, IV to the Roads and Utilities Advisory Committee, resident member, for a term expiring April 2026.
22. Confirmation of appointment of one (1) member to the Middletown Prevention Coalition (School Sector seat), for a term expiring November 2026.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to confirm the appointment of Wendy E. Heaney to the Middletown Prevention Coalition for a term expiring November 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:19 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri