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 Emily M. Tessier
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
POSTED SEPTEMBER 13, 2023
REGULAR MEETING SEPTEMBER 18, 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, September 18, 2023 at 5:30 P.M. Executive Session, Town Business Update – Immediately Following 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: 847 9265 7594 or on the web at https://us02web.zoom.us/j/84792657594
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, (5) Land Acquisition (5) Land Acquisition (West Main Road), (5) Land Acquisition (East Main Road) and (1) Personnel (Non-Classified Employees) - 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.
Town Solicitor Peter B. Regan recused himself from acting on a Land Acquisition item, due to a possible conflict of interest. Mr. Regan left the session at 5:34 P.M.
Town Solicitor Peter B. Regan returned to the session at 6:00 P.M.
Vice President Welch presiding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:43 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
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. The Town Administrator will provide an update on the School Building Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update on the School Building Project.
Town Administrator Shawn Brown reviewed the following:
Council President Rodrigues noted that the November election is several weeks away, and the Town needs to provide information to educate the voters regarding the School Bond.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
3. (Advertised; Abutters notified)
Application of Andrew’s at Eastgate, LTD d/b/a Gold’s Wine and Spirits, holder of a Class A Alcoholic Beverage License for 1374 West Main Road, to TRANSFER LOCATION of said license to 48 Valley Road, once the building to house the business is constructed for the 2023-2024 licensing year.
Public Hearing was declared open.
Council President Rodrigues noted that this is a unique transfer of license, a new location will be constructed.
Town Solicitor Peter B. Regan noted that the transfer is needed for the applicant to secure financing for the construction of the new location.
There being no other persons desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
4. (Advertised; Abutters notified)
Application of Plant City X Newport, LLC d/b/a Plant City X Newport, 617 West Main Road, for a Class BL liquor license, including the patio, for use at the same premises. (NEW)
Public Hearing was declared open.
Josh Aguiar, Tiverton, Manager for Plant City X Newport, was present to answer Council inquiries.
Council President Rodrigues inquired where the patio for the establishment is located in relation to the abutting residents.
Mr. Aguiar noted that the patio for the establishment is in front of the building, on the street side and does not abut the residents.
There being no other persons desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said 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.
Melissa Welch, Middletown read the following into the record and presented a power point presentation, which is on file in the Office of the Town Clerk.
Shoreline Access and Coastal Conservation in our Community
Public Forum Presentation by Melissa Welch
Middletown Town Council Meeting of 18 September 2023
Talking Points to accompany slides:
My goal tonight is to raise awareness of an issue concerning shoreline access and coastal conservation in our Community. I’m going to try to move quickly so I’d ask that the slides be captured in the recording.
As you may know Middletown is fortunate to have 10 designated rights of way (ROW) to the shore. For comparison, Portsmouth has 17 and Newport has 23. I want to focus specifically on the ROW located at the southeast corner of the Esplanade at Shore Drive, designated by RI Coastal Resource Management Council as ROW Y-5.
The official Town map shows the Y-5 area as Parcel ID 116-NE 83; ownership is listed as “null” and a notation in the Tax section describes it as “CRMC ROW Y-5.”
Here’s another view showing the approximate location of the Y-5 ROW in the yellow rectangle.
And this view is standing at the edge of the Y-5 access point where it should lead down to the shoreline. This ROW has been in the news lately after a local resident tried to use it to gain access to the shoreline as he had in years past. But he found that it was impassable as there’s now a steep drop-off densely planted with thorny shrubs (beach roses). He then moved toward the stairs you can see in the photo a few yards away, which, it turns out, are on private property and he was arrested for trespassing. Although the charges have now been dropped, this incident highlights the problems caused by having a designated ROW that doesn’t actually provide access to the shore. Unfortunately, this incident also generated some very negative publicity for Middletown and disparaging comments on social media about the town’s management of its ROWs.
Brief history of the area: there’s been shoreline access in this area for over 100 years, dating back to when the Esplanade was first developed as a residential community. In fact, even before the houses were built, a walkway was constructed along the shoreline – sort of Middletown’s version of the Cliff Walk.
Unfortunately, the walkway and access stairs were badly damaged by the hurricane of 1938. You can see the remnants of stairs in this photo, and in the enlargement on the right. But even after the stairs were gone, many local residents continued to access the shoreline at this point by scrambling down the slope to the rocks below. The conditions were not ideal, but really not unlike other access points in the area even today.
In 1993, the area was officially recognized as a ROW by the Coastal Resource Management Council, citing deeds dating back to 1920 that described the ROW as being about 18 feet wide and 70 feet long.
In 2017, a Memorandum of Understanding was signed by the Town, CRMC, and Clean Ocean Access as part of the “Adopt-an-Access” program, the purpose of which is “to ensure safe and unobstructed use by the public of CRMC designated rights-of-way to the shore.” Under the MOU, COA is supposed to monitor the site and work with the Town on any maintenance needed.
However, before that MoU was signed, in 2011-2012, the Town undertook a major project to install a stormwater outflow pipe in this area, which included building a temporary stone jetty out into the water.
After completion of the project, the shoreline was no longer accessible in this area. Some boulders were placed at the base of the cliff, but the top of the cliff was densely planted with thorny shrubs (beach roses), with a sharp drop-off to the rocks below.
Another issue of concern is increasing erosion caused by wave action along some sections of the cliff in this area. With sea-level rise and increasingly intense storms predicted, this problem is only going to get worse without remedial action.
So as a way forward, I want to ask the Council to put this issue on the docket for a future meeting, so we can get the Town’s perspective and also hear from other stakeholders. The goal would be to develop a constructive approach to restoring shoreline access, protecting the shoreline, and clarifying private property boundaries to ensure continued protection and use of this shoreline access point for generations to come. Thank you.
Discussion centered around right of ways are all different, not all are owned by the Town, a policy for the right of ways should be adopted by the Town, liability issues with right of ways, who is responsible for the maintenance of right of ways, and research must be completed on each right of way before any decisions are made.
Tom Welch, Middletown, addressed the Council, reading the following into the record:
Enter here
| 2007 | 2006 | $36,797,355 | 5.02% | 11.01 | 3.87% |
| 2008 | 2007 | $38,485,603 | 4.59% | 11.38 | 3.36% |
| 2009 | 2008 | $39,247,059 | 1.98% | 13.24 | |
| 2010 | 2009 | $40,149,738 | 2.30% | 13.36 | 0.90% |
| 2011 | 2010 | $41,592,841 | 3.59% | 13.73 | 2.77% |
| 2012 | 2011 | $42,569,053 | 2.35% | 15.4 | |
| 2013 | 2012 | $43,400,329 | 1.95% | 15.71 | 2.01% |
| 2014 | 2013 | $44,502,103 | 2.54% | 16.07 | 2.29% |
| 2015 | 2016 | $45,427,547 | 2.08% | 15.04 | |
| 2016 | 2015 | $46,846,795 | 3.12% | 15.42 | 2.53% |
| 2017 | 2016 | $47,025,116 | 0.38% | 15.42 | 0 |
| 2018 | 2017 | $47,367,117 | 0.73% | 13.75 | |
| 2019 | 2018 | $47,319,721 | -0.10% | 13.76 | 0 |
| 2020 | 2019 | $47,359,665 | 0.08% | 13.76 | 0 |
| 2021 | 2020 | $48,554,082 | 2.52% | 12.02 | |
| 2022 | 2021 | $49,197,108 | 1.32% | 12.02 | 0 |
| 2023 | 2022 | $52,095,750 | 5.89% | 12.59 | 4.74% |
| sum | 37.55 | ||||
| avg | 2.34% | ||||
Councillor Turano noted agreement with Mr. Welch and expressed the need for predictable taxes.
6. Approval of Minutes, re: Regular Meeting, August 21, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Special Meeting, August 29, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Special Meeting, September 6, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. License of Burial, re: Tyriah Washington – Section 56, Graves 28 and 29.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of burial.
10. Memorandum of Paul A. Croce, Chair Planning Board, re: Proposed amendments to the Use Table in the Middletown Zoning Ordinance, Section 602 – Schedule of District Regulations – Uses and Districts. Including §400 Definitions, §703 Accessory Uses and Structures, §728 Home Occupation (new section), §1308 Parking Restrictions (new section) - (Council action - Advertise for 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.
11. Petition to Rezone and Amend Comprehensive Plan, filed by Attorney Girard A. Galvin on behalf of Mello Realty, LLC, real estate identified as Lot 103 on Plat 103. (Council action – Forward to the Planning Board for review and recommendation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Petition and forward to the Planning Board for review and recommendation.
12. Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2023-2024 licensing year. (Requires Advertising for a public hearing to be held on October 16, 2023)
AQ, LLC/Aquidneck Restaurant & Pizzeria – 27 Aquidneck Avenue
Aquidneck Donuts, Inc./Dunkin’ Donuts – 811 West Main Road
Aquidneck Donuts, Inc./Dunkin’ Donuts – 536 East Main Road
Beebe & Family, Inc./7-Eleven Food Stores – 726 Aquidneck Avenue
Cardinal Restaurant Corp./IHOP Restaurants – 159 West Main Road
Colbea Enterprises, LLC/Seasons Corner Market- 207 East Main Road
Colbea Enterprises, LLC/West Main Shell- 1149 West Main Road
Cumberland Farms Store #1264 –94 Aquidneck Avenue
DDO-New England, LLC/ Taco Bell- 641 West Main Road
Joe’s Kwik Marts, LLC/Joe’s Kwik Mart – 876 West Main Road
Kasbac, LLC/McDonald’s Restaurant- 1425 West Main Road
Kasbac, LLC/McDonald’s Restaurant- 300 East Main Road
Leite Donuts, Inc./Ma’s Donuts & More – 78 West Main Road
Shaw’s Supermarkets, Inc, - 71 East Main Road
Starbucks Corporation/Starbucks Coffee #7599- 85 East Main Road
Tecs Donuts, Inc./ Dunkin’ Donuts- 159 East Main Road
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said applications and advertise for a future public hearing.
13. Application of Checkers Pizza, LLC dba Checkers Pizza, 879 West Main Road 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.
14. Application for Special Event Permit from Ben Mercer for the Audrain Tour d’Elegance on Saturday, September 30, 2023 from 5:00 am to 9:00 am, Second Beach Parking lot, Event starting point for the annual Audrain Tour d’Elegance, about 150 cars will gather for coffee and donuts prior to departing on a 60-mile drive.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
15. Public Hearing (Advertised)
Town of Middletown Community Aggregation Plan.
Public Hearing was declared open.
Allison McNeill, Town Consultant representing Good Energy, addressed the Council reviewing the timeline, plan details and noting the next step will be to submit the plan to the Public Utilities Commission. Ms. McNeill noted Good Energy will provide the best terms, rates for the Town and the Town Council will oversee the program. Ms. McNeill explained all residents are automatically enrolled, but have the ability to opt out of the program at any time or join the program at any time.
Jamie Rhodes, Attorney and Sales Manager representing Good Energy, was also present to answer Council inquiries.
Discussion centered around there will be a difference between winter rates and summer rates, over time the program will provide a greater value to the residents, save on their electric bill and increase use of renewable energy; RI Energy changes rates every six months, and the Public Utilities Commission makes a decision on the plan within 90 days.
Valerie Gelb, Middletown, addressed the Council noting the program may be an issue for senior residents. Ms. Gelb expressed concern that this program is forcing people into something they may not understand.
Discussion centered around the Town receives nothing for providing this program, the price for electricity is now the decision of RI Energy and the Public Utilities Commission, this program is for residential, commercial, and industrial users and Portsmouth and Newport have already started the program.
Melissa Welch, Middletown, addressed the Council noted that the renewable energy portion of the program is a big selling point. Ms. Welch noted support for the program.
There being no other persons desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Administration to take the next step to implement the plan.
16. Public Hearing (Advertised)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, Article 7, Section 727 Marijuana Related Uses.
(Planning Board recommendation on file)
Public Hearing was declared open.
Carol Formica, Middletown, addressed the Council inquiring about why the new ordinance allows for testing sites and pot shops. Ms. Formica noted the negative effects on marijuana usage and the effect on youth in the community.
Town Solicitor Peter B. Regan explained the changes to the ordinance are due to state law, explaining the 2022 binding referendum was approved by the voters (57% voted Yes) of the Town of Middletown. Mr. Regan noted that if this ordinance passes, it will allow for local control designating where facilities can operate in the Town.
There being no other persons desiring to be heard, public hearing remains open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
17. Memorandum of Finance Director, thru Town Administrator, re: Refuse and Recycling Annual Sticker User Fee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
18. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III, Administrator, Chapter 36 Fee Schedule, (H) Refuse and Recycling Department (2) User Fee.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Council President Rodrigues noted that the amendment is the change of the sticker price, which will keep pace with the tipping fees and the contract.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
19. Memorandum of Robert M. Silva, Chairman, Middletown Economic Development Advisory Committee, re: Proposed MEDAC Charge.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Robert M. Silva, Middletown Economic Development Advisory Committee Chairman, addressed the Council reviewing the memorandum above.
Valerie Gelb, Middletown Economic Development Advisory Committee Member, addressed the Council noting she researched similar Economic Development Committee charges from other communities. Ms. Gelb explained the new charge has the feature of providing a marketing plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to place a resolution on the next agenda approving the proposed amended charge to the Economic Development Advisory Committee.
20. (Continued from the August 21, 2023, Regular Meeting)
Communication of James R. Primeau, P.E., PMP, Managing Engineer, Division of Project Management/Office of Scoping & Compliance, re: Pavement Improvements-West Main & Sprague, Portsmouth and Middletown, Rhode Island, PTS ID: 03131K, Scoping RIC: 2023-EH-005B Project Notification.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
21. (Continued from the August 21, 2023, Regular Meeting)
Construction and Maintenance Agreement, re: Between the State of Rhode Island and the Town of Middletown – Pavement Improvements – West Main Road & Sprague.
On motion of Vice President Welch, duly seconded, to approve said Construction and Maintenance Agreement and authorize the Town Council President and Town Solicitor to Execute said document.
Town Administrator Shawn Brown noted that the agreement is between the State and Town, the Solicitor has reviewed the agreement.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Construction and Maintenance Agreement and authorize the Town Council President and Town Solicitor to Execute said document.
22. Memorandum of Finance Director thru Town Administrator, re: Thermal Imagers.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
23. Resolution of the Council, re: Purchase of Five Teledyne FLIR K65 thermal imagers and the necessary supplies.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #22.
Councillor Connerton noted the cameras are very useful for many different situations.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
24. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
25. 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.
26. Email communication of Pamela Crocker, re: Resignation from the Middletown Prevention Coalition.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:38 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri