At a Special  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, November 21, 2023 at 6:03 P.M.

 

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 15, 2023

SPECIAL MEETING – November 21, 2023

 

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 special meeting to be held on Tuesday, November 21, 2023 at 6:00 P.M. at the Middletown Town Hall, 350 East Main Road,  Said meeting will be conducted in person, you may listen 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: 870 9548 7234   or on the web at  https://us02web.zoom.us/j/87095487234

 

.

 

Wendy J.W. Marshall, Town Clerk

Town of Middletown

Town Hall – 350 East Main Road

Middletown, Rhode Island 02842

 

Dear Ms. Marshall:

           

         Pursuant to the provisions of Article II, Section 203 of the Town Charter and in accordance with Sections 42-46-2., 42-46-4., 42-46-5., and 42-46-6., RIGL, I hereby call a Special Meeting of the Town Council to formally consider, discuss and act upon the following items of business. All items on this agenda, may be considered, discussed and voted upon.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

 

EXECUTIVE SESSION

 

1. Memorandum of Town Administrator, re:  CRMC Workshop on Middletown Public Right of Ways.

 

 

Said meeting will be held at the Middletown Town Hall, 350 East Main Road,  Middletown, Rhode Island 02842 on Tuesday, November 21, 2023 at 6:00 P.M.

 

                                                ____________________________________

                                                            Paul M. Rodrigues, President

                                                     Middletown Town Council

 

cc :  Town Council                                    Public Library           Finance Director           

        Town Administrator                        Town Solicitor                        School Committee

       

 

This meeting location is accessible to the handicapped.  Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 847-0009 not less than 48 hours before this meeting.

 

Posted on November 15, 2023 at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site. 

 

1.    Memorandum of Town Administrator, re:  CRMC Workshop on Middletown Public Right of Ways.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Town Administrator Shawn Brown reviewed the history of the CRMC Right of Ways in the Town, explaining each right of way has its own unique issues.

 

Leah Feldman, Coastal Policy Analyst, Coastal Resources Management Council of Rhode Island, presented a PowerPoint presentation “Public Access and Rights-of-Way to the Shore, which is on file in the Office of the Town Clerk.

Discussion centered around some rights of way have obstructions and do not reach the water, CRMC has been actively assessing rights of ways in the state, CRMC is not able to maintain the rights of ways throughout the state, CRMC works with Towns and property owners to maintain rights of ways, enforcement action can be taken by CRMC with rights of ways that have obstructions, there is an adopt a right of way program through CRMC in which a property owner is given an agreement to maintain the right of way, rights of way do not guarantee direct access to the water, there are rights of ways that are for viewing only and the liability of rights of ways to the town.

 

Ed Burke, Middletown, addressed the Council noting concern that a right of way on the Esplande was obstructed when the Town constructed the outfall pipe. Mr. Burke explained the CRMC right of way is supposed to have direct access to the water, which it did before the outfall pipe project.

 

Discussion centered around the Town outfall pipe project was approved by CRMC, boulders were installed for the outfall pipe project to stabilize the bluff in the area, and CRMC right of ways must be clearly marked.

 

Judy Toland, Middletown, addressed the Council noting the Y-11 CRMC access point by the Clambake Club does not have designated parking. Ms. Toland noted concern with parking in the area, explaining parking should be designated for the rights of way.

 

Discussion centered around parking for rights of ways, the idea of restricting time for parking in the area, and parking at the end of Wolcott Avenue.

 

Kevin Perhamus, Middletown, addressed the council noting support to work with the town to address parking issues in the area. Mr. Perhamus explained the need to have simple rules/enforcement to control the parking situation.

 

Melissa Welch, Middletown, addressed the Council noting the following:

 

The points I would like to convey include:

• I would like to express appreciation to the Council, Town Administrator, and CRMC for holding a special meeting to address Middletown's public rights-of-way (ROWs) to the shore.  
• Since my presentation to the Council on this topic on September 18, 2023, I have been contacted by a number of local residents expressing support for efforts to clarify and improve access at the Town's CRMC-designated ROWs.
• It is important to note that, according to CRMC (see:  http://www.crmc.ri.gov/publicaccess/ri_access_guide.pdf , p.80):
• "A public right-of-way to the shore is a piece of land over which the public has the right to pass on foot, or, if appropriate, by vehicle, in order to access the tidal waters of Rhode Island." [emphasis added]  By this definition, ROWs are not just to afford a view of the water, but to provide physical access to the shore.
• As Town Administrator Shawn Brown noted at the 18 September meeting, each ROW is unique and we need to consider all the ROWs in the town.  
• I therefore propose that we address this issue in the context of the Comprehensive Plan Update, which is currently underway.  Please note that while I have been elected Chair of the Comprehensive Plan Update Committee, I am not speaking on behalf of the committee, but only in my capacity as a Middletown resident.
• The current (2014) Comprehensive Plan includes a goal to "Support public access to the shore" and an action item to "Recognize and publicize public rights of way and commons to the shore."  Responsibility for this action is assigned to "Public Works and Volunteers," but there is no further guidance on how to achieve this goal.
• In updating the Comprehensive Plan, we have an opportunity to develop a strategic vision for the ROWs as well as a comprehensive management plan to ensure we are making the best use of the ROWs, ensuring public access while balancing environmental impact and respect for private property.
• In pursuing a comprehensive management plan for ROWs, we can draw on examples set by neighboring communities such as Jamestown, which produced a prioritized inventory of all the ROWs on Conanicut Island in 1999, with subsequent updates.
• We also have to opportunity to engage stakeholders such as CRMC, Clean Ocean Access, Save the Bay, the RI Saltwater Anglers Association, and most importantly, local residents, such as the Easton's Point Association, where most of the ROWs are located.
• As part of this process, the 2017 Memorandum of Understanding agreed to by the Town, CRMC, and Clean Ocean Access (attached) should be reviewed to determine whether all parties are still willing and able to uphold the responsibilities assigned to them in that document.
• As a point of clarification, the document forwarded by CRMC as background for the 21 November workshop is not a list of all the CRMC-designated ROWs in Middletown; rather, it is an excerpt of a publication called "Public Access to the Rhode Island Coast," which is described as "A guide to parks, wildlife refuges, beaches, fishing sites, boat ramps, pathways, and views along the Rhode Island coast."  As such, it includes references to some, not all, ROWs, but also includes places such as Second and Third Beaches, Sachuest Point, and Purgatory Chasm, which are not CRMC-designated ROWs.  A full list of ROWs in Middletown, along with photos and associated documentation, can be found in the online GIS map on the CRMC website.

Please let me know if I will be permitted to speak at the upcoming workshop.  If not, I hope the Council will take the above points into consideration.

 

Many thanks,

Melissa Welch

Middletown

 

Valarie Gelb, Middletown, addressed the Council noting the need to identify the ownership of the rights of ways in Middletown. Ms. Gelb expressed concern with parking, litter, trash and individuals going to the bathroom on and around rights of way in the Town. Ms. Gelb explained clear designation of rights of way is important.

 

John Bagwill, Middletown, addressed the council reviewing the following:

 

PUBLIC RIGHT-OF-WAY TO THE SHORE*

MIDDLETOWN, RI

COMMENTS AND A PROPOSAL

BY JOHN W. BAGWILL

MIDDLETOWN’S REPRESENTATIVE TO THE CRMC

Background:

The CRMC has designated 10 ROWs to the shore in Middletown. The Town and CRMC share the goal of finding a way forward that includes restoring/preserving access while respecting private property rights. Achieving this goal will require an examination, documentation, and   understanding of the specific characteristics of each ROW, e.g. documentary evidence designating the ROW, ownership of the ROW. Additionally, the CRMC should designate:

i who has the responsibility for designating/marking a ROW’s boundaries so one may respect      private property rights while transiting a ROW, and

ii “arrangements” for preserving access over a ROW so one can transit the ROW to the shore.

Proposal:

While the appropriate parties address the above issues, I believe that two ROWs – Y-5 and Y-11 offer specific problems/opportunities that need to be addressed at this time to achieve the goal of “restoring/preserving access to the shore, while respecting private property rights”.       Fortunately, there is  background on each that may provide answers to some of the questions: e.g.,  evidence establishing the ROW, dimensions, ownership. But, though key  info may be missing, such as the ownership of the Y-5, these two ROWs do provide basic problems that could be addressed now.

1.    Y-11: Who may clear and maintain the ROW whose ownership is shared by the abutting property owners?

2.    Y-5:

. Who is responsible for identifying and marking the boundaries?

. Who  would maintain the ROW lawn?

. Who would replace and maintain the stairs at the shore edge of the ROW?

   The ROW should give access to “the tidal waters of Rhode Island” – not just a view    of the water!

Why focus on these two ROWs? Two reasons:

1.    These present issues/opportunities that will help CRMC  achieve its goals, and

2.    Thinking thru and developing answers to the questions raised  by Y-5 and Y-11 should help address the broader issues of Middletown’s ROWs.

 

Respectfully submitted,

 

John W. Bagwill

* Definition: A Public Right-of-Way to the Shore is a piece of land over which the public has the right to pass on foot, or, if appropriate, by vehicle, in-order-to access the tidal waters of Rhode Island.

 

Dave Martland, Attorney for the Newport Clambake Club, addressed the Council noting the Clambake Club has had discussions with CRMC regarding adopting the right of way along their property. Mr. Martland noted the Clambake Club is willing to work with the Town regarding trash, parking and other issues in the area.

 

Melissa Welch, Middletown, addressed the Council noting the CRMC website has a great deal of information regarding rights of way.

 

Discussion centered around the next steps for the rights of way, working on a parking plan in the rights of way areas, the Town Solicitor and Town Administrator will speak with the Town Engineer and will return with a timeframe.

 

            On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:41 p.m.

                                                                                                                                               

Wendy J.W. Marshall, CMC

Council Clerk