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 MARCH 27, 2024
REGULAR MEETING APRIL 1, 2024
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, April 1, 2024, 5:30 P.M. Executive Session and at 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: 844 4661 0566 or on the web at https://us02web.zoom.us/j/84446610566
If you choose 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.
PLEDGE OF ALLEGIANCE TO THE FLAG
RECONSIDERATION
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. – EXECUTIVE SESSION
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 (West Main Road) and (2) Collective Bargaining (FOP) - 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 Land Acquisition, leaving the session at 5:33 p.m.
Town Solicitor Peter B. Regan returned to the session at 5:42 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:09 p.m.
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 recess this meeting at 6:10 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 6:30 pm.
Council President Rodrigues requested a moment of silence for Owen Cameron, Portsmouth High School Student, attending Rogers High School Vo-tech Program.
2. 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.
3. The Town Administrator will provide an update on Town Projects. (Continued to April 15, 2024)
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the April 15, 2024, Regular Meeting.
4. 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 School Building Project update.
Town Administrator Shawn Brown reviewed the following:
Mr. Brown noted the school project is on time and on budget.
Council President Rodrigues requested that item #6 be heard under the regular portion of the agenda.
5. Approval of Minutes, re: Regular Meeting, March 18, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Resolution of the Council, re: Proclaiming April 28 through May 4, 2024, As National Small Business Week in the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues read the resolution above into the record.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
7. Communication of Tracey Pontes, Looking Upwards, Fundraising Committee, re: Request for support by sponsoring a tee sign for the 26th Annual Golf Tournament fundraiser. (Annual request)
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.
8. Application of Coastal Cones, Inc. dba Ben & Jerry’s Ice Cream, 40 Valley Road for RENEWAL of a Victualling House License for the 2023-2024 licensing year.
9. Applications from the following named persons, firms and corporations for RENEWAL of Holiday Sales Licenses, for the 2024-2025 licensing year:
HOLIDAY LICENSE RENEWALS Expires: April 2, 2025
Advance Stores Company, Inc./Advance Auto Parts #7361- 957 West Main Road
Cellular Sales of RI- 11 East Main Road
Dollar Tree Stores, Inc/Dollar Tree #03156 - 880 West Main Road
Michael’s Stores, Inc./Michaels #3711- 1305 West Main Road
Stop & Shop Supermarket Company – 1360 West Main Road
Ulta Salon, Cosmetics & Fragrance, Inc/Ulta Beauty- 1307 West Main Road
West Marine Products, Inc./West Marine- 379 West Main Road
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
10. Application from the following named persons, firms and corporations for RENEWAL of Sunday Selling Licenses, for the 2024-2025 licensing year:
Brewtus, Inc./Sandy’s Liquors – 717 Aquidneck Avenue
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
11. Application of Louela Glander, Wakefield, for a Tattoo License for the 2024-2025 licensing year to be used at Rose Nails and Spa, 1360 West Main Road. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
12. Application for Special Event Permit from The Saltwater Edge – Striper Kickoff- Custom Saltwater Fishing Lure Show, Saturday, April 6, 2024 from 9:00 am to 2:00 pm to be held at 1315 West Main Road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
13. Application for Special Event Permit from Aquidneck Community Table for the Aquidneck Community Table Saturday Farmer’s Market to be held at Embrace Home Loans, 25 Enterprise Drive, beginning Saturday, May 4, 2024, through Saturday, October 26, 2024 from 9:00 am to 12:00 pm, 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 permit fee.
14. Application for Special Event permit from Richard Braun and Jen Reynolds for the Braun Block Party Wedding Friday, June 20, 2025 from 4:00 pm to 10:00 pm at 40 Ellery Avenue.
On motion of Vice President Welch, duly seconded, to grant said special event permit.
Richard Braun and Jen Reynolds were present to answer Council inquiries.
Discussion centered around Mr. Braun owes the home at 40 Ellery Avenue, Mr. Braun and Ms. Reynolds have spoken to the neighbors about the event, the wedding will end by 10:00 pm, a Police detail will be hired for the event, parking will be available in the neighbors driveways for the event and at Aquidneck School, and the applicant hired a company to transport guests to their vehicles.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
15. Public Hearing (Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV, Chapter 152, Zoning Code, Article 17 Low and Moderate Income Housing – Comprehensive Permit. (Planning Board recommendation on file.)
Public hearing remains open.
Town Planner Ronald Wolanski reviewed the Planning Board Chair memorandum, entered here:
There being no other 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 adopt said ordinance on its second reading.
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, Chapter 152, Zoning Code, Article 4 Definitions – Lot Line. (Planning Board recommendation on file.)
Public Hearing was declared open.
Town Solicitor Peter B. Regan explained that the amendment to the ordinance is to correct a deficiency in the Town Zoning Code, which has existed for years. Mr. Regan noted that RI State Law requires a defined front lot line.
Discussion centered around there will be no issues with the amendment regarding prior zoning decisions, there will be no financial impact to applicants and there will likely be some non-conformities.
Phil Roberson, Middletown, addressed the Council noting he resides on a corner lot and had to obtain a variance to place a shed on his property under the current ordinance.
There being no other persons present or on zoom desiring to be heard, public hearing will remain open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
17. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, XI, Business Regulations, Chapter 113, Food Services, 113.04 Restrictions on Permits.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
18. Memorandum of Superintendent of Schools, re: FY25 ARPA Funds – Beyond the Bell.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the following:
Mr. Brown explained the School Department is seeking funding for the Beyond the Bell summer program.
Superintendent Rosemarie Kraeger was present to answer Council inquiries.
Discussion centered around the total cost of the Beyond the Bell Summer Program is $173,000.00, which $123K will come from ARPA funds and $40,000. will be reclassified from a grant to cover the cost and the ARPA Federal Grant monies must be spent by 2026.
Antone Viveiros, Middletown, addressed the Council suggesting that the School Department was requesting additional funding.
Discussion centered around the request is not additional funding and Town Administrator Shawn Brown reviewed the sheet above again.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Appropriate $123K from ARPA to fund the summer school program and approve reclassifying $40K of Learn 365 grant funding to fund summer school (previously budgeted to fund salary and benefits).
19. Memorandum of Town Administrator, re: Letter from RIDOT regarding East Main Road Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the following:
Enter memo, RIDOT Letter and VHB Letter
Mr. Brown also reviewed the following:
· We recently sent RIDOT and our State delegation a resolution asking that the share used path be prioritized. At our last meeting, we discussed that the shared use path was the right long-term solution for the problem (RIDOT is not going to widen EMR) - it addresses bicycles and pedestrians (the road diet does not help pedestrians, nor the ability to promote access to the ALT Grenway).
· Neither the technical memo related to Middletown, nor the presentation related to Portsmouth represent an improvement in moving traffic through the corridor. The project will increase traffic on WMR, Oliphant Lane, Forest Avenue, and Jepson Lane.
· If we delay the paving, it's uncertain when the repaving would be rescheduled; it would likely get rescheduled along with the portion of the project originally scheduled with Portsmouth.
· A delay could have a negative impact on the WMR paving project (Kesson north), which is a heavily traveled segment of roadway in horrible condition.
· Funding will continue to be a challenge for RIDOT because of the litigation associated with the tolls, and the need to replace Washington Bridge.
I met with Director Alviti to discuss this project a couple of months ago - he will gladly put it on a shelf if that's what the community wants. My experience is that there are negative consequences with that decision.
My recommendation is:
Bari Freeman, Executive Director, Bike Newport, reviewed the following:
Enter handout from Bari
Antone Viveiros, Middletown, addressed the Council reading the VHB memorandum above into the record. Mr. Viveiros strongly urged the Council not to consider implementing the road diet.
Phil Roberson, Middletown, addressed the Council noting he lives off East Main Road and has issues exiting his neighborhood onto East Main Road. Mr. Roberson explained that the road diet would make it more difficult to exit his neighborhood.
Peter DiPippo, Middletown, addressed of Council noting he is a bicyclist. Mr. DiPippo explained that the only time East Main Road is safe for cycling is early in the morning, true bicycle safety can only be realized with a separate bike path.
Lucy Gibson, Boston, Traffic Engineer, representing Bike Newport, addressed the Council reviewing the following slides:
Enter here
Discussion centered around the road diet in Portsmouth on Bristol Ferry Road works because there is not a lot of traffic on that road, a road diet on East Main Road will shift traffic to West Main Road and side streets, it is not safe for bicyclists on East Main Road, having a public hearing to discuss the road diet with the residents, Portsmouth is not interested in implementing a road diet on East Main Road, concern that the East Main Road repaving project would be deferred if the Town requests a change to the existing project, the road diet plan would slow traffic on East Main Road, the road diet plan would create a bottleneck of traffic effect on East Main Road, not knowing DOT’s position regarding a road diet on East Main Road, and the data used by VHB in their traffic study vs. the data received by Ride Island’s traffic study.
Antone Viveiros, Middletown, addressed the Council noting that people will use the bike lane to pass other cars.
On motion of Vice President Welch, duly seconded, it was voted to have a public hearing in two weeks; Council President Rodrigues and Councillor VonVillas voted NO to said motion.
20. Confirmation of appointment of one (1) member from the Bicycle and Pedestrian Advisory Committee to the Comprehensive Community Plan Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to confirm said appoint of Emily Buck, representing the Bicycle and Pedestrian Advisory Committee to the Comprehensive Community Plan Committee.
21. Appointment of one (1) member to the Bicycle and Pedestrian Advisory Committee for a term expiring March 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Glenna Johnson to the Bicycle and Pedestrian Advisory Committee for a term expiring March 2027.
22. Appointment of one (1) Alternate Member to the Board of Canvassers, Democrat of Republican Representative, term expiring March 2029.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Barbara Barrow, as an Alternate Member to the Board of Canvassers.
23. Appointment of three (3) members to the Juvenile Hearing Board, three (3) regular members, terms expiring April 2027 and two (2) vacancies, auxiliary members, terms expiring April 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Jen Huber, Regular Member, Steven P. Rodrigues, Regular Member, John Terlisner, Regular Member, Audrey MacLeod Pfeiffer, auxiliary member and Matthew Sams, auxiliary member, terms expiring April 2027.
Vice President Welch recused himself from the following item of business, due to a possible conflict of interest.
24. Appointment of two (2) public members to the Middletown Local 250th Commission- Commission will be responsible to work with the RI 250th Commission and other local communities to recognize and organize “Semiquincentennial” 250th activities and events, terms to be determined.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to appoint George Krol and Philip Roberson to the Middletown Local 250th Commission, terms to be determined.
Vice President Welch returned to the dais.
25. Appointment of one (1) member to the Open Space and Fields Committee for a term expiring November 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint David Kirchner to the Open Space and Fields Committee, term expiring November 2026.
26. Appointment of two (2) members to the Outreach Committee, indefinite terms.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Charles Beltz and Tamara Shane to the Outreach Committee, indefinite terms.
27. Appointment of three (3) members to the Planning Board, two (2) members, terms expiring February 2027 and one (1) member to complete a term expiring February 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to
reappoint Betty Jane Northrup-Owen, term expiring February 2027, appoint Joseph Pierik, term expiring February 2027 and appoint Charles Vaillancourt, to complete a term expiring February 2025.
28. Appointment of four (4) members to the Zoning Board of Review, one (1) regular member, term expiring April 2029 and three (3) alternate members, terms expiring April 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Judith Rosenthal as regular member, term expiring April 2029.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Henry “Rick” Lombardi as First Alternate, term expiring April 2025.
On motion of Councillor Connerton, duly seconded, it was voted to appoint Antone Viveiros as Third Alternate, term expiring April 2025; Council President Rodrigues, Vice President Welch and Councillor Tessier voted NO to said motion.
29. Communication of Christine Nolan, CEO/Trinity Healthy Living, Behavioral Healthcare Clinic, re: Resignation from the Middletown Prevention Coalition.
On motion of Vice President Welch, duly seconded, it was voted unanimously to received said resignation with regret.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:50 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri