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.

 

At a Regular 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 Monday, April 15, 2024 at 5:01  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 arrives at 5:16 p.m.

Councillor Dennis B. Turano,

Councillor Barbara A. VonVillas, Members Present

 

POSTED APRIL 10, 2024

REGULAR MEETING APRIL 15, 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 15, 2024, 5:00 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: 884 8036 0038   or on the web at https://us02web.zoom.us/j/88480360038

 

 

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 10^th 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 (10^th 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.

 

5:00 P.M. – EXECUTIVE SESSION

1.    Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Potential Litigation, (5) Land Acquisition, (5) Land Acquisition, (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 5:02 p.m.

 

            On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the Carlone claim and refer to the RI Interlocal Risk Management Trust.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Town Administrator to execute an MOU with CRMC regarding the ROW Y-11, 355-451 Tuckerman Avenue.

 

            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.

6:30 P.M. - REGULAR MEETING 

 

PUBLIC FORUM

 

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.

 

Lawrence Frank, Middletown, addressed the Council, reading the following into the record:

 

Enter here

 

Councillor Turano noted that the letter to the editor he submitted was regarding forcing the middle class out of Middletown and the tax assessment process is broken.

 

Kaity Ryan, Executive Director, Norman Bird Sanctuary, addressed the Council thanking them for their support.  Ms. Ryan invited the Town Council and Town Administration to the Norman Bird Sanctuary for the RI BioBlitz being held on June 7^th and 8^th, which is a nature exploration and discovery event.

 

David Greg, Executive Director of the RI National History Survey, addressed the Council explaining the RI BioBlitz.  Mr. Greg noted that there will be volunteers identifying plants and animals, it’s a 24-hour event with organized teams, not all specimens are collected.

 

TOWN UPDATE

 

3.    (Continued from the April 1, 2024, Regular Meeting)

The Town Administrator will provide an update on Town Projects. (Tax Rate and Revaluation)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update regarding the tax rate and revaluation.

 

Town Administrator Shawn Brown reviewed the following PowerPoint entered here:

 

Enter power point

 

Mr. Brown noted that Vision Appraisal may be present at the May 6, 2024, Regular Meeting to give a final report.  Town Administrator Shawn Brown explained to date Vision Appraisal has had 650 interviews regarding the recent tax reevaluation.

 

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:

 

Enter here

 

Mr. Brown noted the school project is on time and on budget.

 

Mr. Brown also noted that some of the Hoogendorn property may be used for school education programs and activities.

 

Antone Viveiros, Middletown, addressed the Council noting concern with the RIDE Application submittals.  Mr. Viveiros believes that the application is not the same school building project that was passed by the voters.

 

Discussion centered around the bond project is $190,000,000, the Hoogendorn property can be used for educational purposes, saving money on the school building project,  there has been no change in the scope of the project or the plan, changes have been made in the design, the concept of the plan has not changed, 20 million dollars could be funded through the CIP (which is a Council decision to fund) and could be eligible for additional RIDE reimbursement.

 

Wendy Riel, Middletown, addressed the Council reading the following into the record and presented the Council with a handout, entered here:

 

Hello. My name is Wendy Reil. My address is 48 Swan Drive; Middletown. I am a Middletown concerned neighbor and taxpayer. We trust our elected officials to have our town residents best interest/fiscal interest at heart with any and all projects that have been voted on, and which require the taxpayers to incur any debt.

 

With this being said, I have submitted copies of a troubling article in Newport This Week, dated April 11, 2024, to the Clerk. In turn, they will be giving every member of the council a copy so that they may follow along, as well as people sitting in this room. This article was written by Bird Jones.

 

The Feb 5^th presentation to the public showed that the taxpayers’ $190 million dollar bond debt pays for the entire project, and this is what was voted on and passed. Anything above and beyond the $190M million should be re-voted on. 

 

So, I would love to have the Town Council  please clarify that no additional tax dollars will be needed for project items that the Middletown residents voted on, like the Forest Avenue Elementary school.

 

And, my second question:  would the Council also please explain the three discrepancies? 

 

We would like the questions scheduled for answers to the public and put on the docket for your next meeting, please. 

I will submit this presentation for public record to the clerk and I thank you for this opportunity to let me speak. 

Terri Flynn, Middletown, addressed the Council reading the following into the record and presented the Council with a handout, entered here:

 

Terri Flynn

 34 Warren Avenue. 

 

Mrs. Flynn distributed a packet of information and stated, “There’s been a lot of concern about the School Building Project in the papers and online, recently.  Much of the concern, or confusion, does seem to stem from the sheer complexity of a project of this scope and magnitude.  It is said that a picture is worth a thousand words, so I hope I get some brownie points for bringing in a picture.  As the title indicates, the school bond project has changed over the last 12 months.  Hopefully presenting it pictorially will debunk any false narratives that continue to detract from the facts.  The Council will notice that the picture is split into in three vertical panels from left to right, and they show a timeframe from January of 2023 through Feb 15 of 2024.” 

 

Mrs. Flynn reviewed the information packet, highlighting the following:

School Building Project consistencies since January 2023:

1.     $190 million dollar bond is made up of:

-- $170 million dollars to build a new middle/high school;

-- $20 million dollars for renovations at Middletown High School that include Middletown Public Schools Administration and Maintenance Departments, and Grades four and five. 

School Building Project changes since January 2023: 

-    A September 15, 2023, Stage I submission to RIDE did not involve any Middletown elementary schools, stating a separate bond in the future would be contemplated;

-    Multiple media sources, from mid-September 2023 to a February 5, 2024 public presentation of the preview of the Stage II submission to RIDE, show Aquidneck School being vacated, causing a great increase in renovations at both Middletown High School and Forest Avenue Elementary School, yet the $20 million dollar budget for project renovations stayed the same and did not increase; and

-    The February 15, 2024, Stage II submission to RIDE is not what was presented to Council on Feb 5, just 10 days earlier:  renovations qualifying for up to 55% RIDE reimbursement are removed from the $190 million dollar debt, showing the cost for the same project outlined is millions of dollars over and above the $190 million dollar bond.  

 

Mrs. Flynn summarized with, “In the presentation to the Council and the public on Feb 5th, all of those items were included in the $190 million dollar bond debt and qualified for up to the 55% state reimbursement. Yet, in the Feb 15th submission to RIDE, all of those items are not included in the $190 million dollar bond debt and are shown as additional to the $190 million bond debt.  How is it that on Feb 5th there was no change to the $190 million dollar school [building] project, but on Feb 15th, the $190 million dollar bond debt is insufficient for the school [building] project?” 

 

Enter handout

 

Paul Mankofsky, Middletown, addressed the Council reading the following into the record and presented the Council with a handout, entered here:

 

Paul Mankofsky 20 - Pequot Lane

 

Shawn is doing a great job.  Don’t blame Shawn.  It’s the politics, it’s the politics, it’s the politics, it’s the politics.  Let me give out this, if I can. I’ll give this out since it’s the bond  we voted on and that we talk about at length.  And there is something wrong, as you just identified, Mr. Rodrigues.  

Voters narrowly approved the bond, and the ballot asked voters for a $190 million dollar debt.    The debt was for “construction, furnishing, and equipping of a middle [school] and high school, and the renovation, improvement, alteration, repair, furnishing and equipping of school facilities throughout the Town, and all attendant expenses…”  -that’s what people thought they were getting-  “…including, but not limited to, demolition, engineering, architectural and landscaping costs.”  That’s what we voted for.  

 

Political advertising that came from the town, or various political organizations, influenced voters to think that the bond was going to pay for the whole thing.  And then, your own words from the various politicians up here, $190 million dollars was going to pay for a $170 million dollar new school construction and $20 million dollars would handle the rest. So, you need to explain that, and I appreciate your last statement (about something being wrong).  

 

You are about to engage a Construction Manager At Risk, and I’m not sure if it’s one, two, three, or four [projects].  I have multiple projects in notes at home, and from RIDE’s comments to you, and from the 2200 pages [of the Stage II submission].  There’s the new school construction, there’s the old Middletown High School rebuild to do, there’s stuff for Aquidneck School, there’s stuff for Forest Avenue School.  Aquidneck School was supposed to be closed.  I don’t know if you have a Construction Manager At Risk for each one of those things, or one Construction Manager At Risk for all of them.  That becomes important because a Construction Manager At Risk agrees to a contract based on a maximum price that he can negotiate with the builder.  I know that gets complicated, but it falls back onto the liability, ultimately, the town has.  

 

Now I know the Town Council is better than the School Committee, who plays Three Card Monte with their budget.  Don’t do that with this project, please.  The Building Committee is doing a fine job, but they are addressing stuff that matters to kids, matters to teachers, matters to parents: cafeterias, latte machines, gymnasiums.  There’s more stuff going on beneath that that needs to be viewed, and made public with questions answered along the lines of what the other speakers have mentioned.  

 

Enter handout

 

Karen Biastre, Middletown, addressed the Council reading the following into the record and presented the Council with a handout, entered here:

 

Enter here

 

Larry Connell, Middletown, addressed the Council reading the following into the record and presented the Council with a handout, entered here:

 

2. Good evening. 

 

3. Before I start, can Wendy please hand the Council a packet of information?  

 

4. [[ Name & Address ]]

 

5. I will email Wendy the information in front of the Council, with my comments, for the public record.

 

6. The top sheet of the packet is the ballot question from last November. 

It is what the voters voted for. 

 

7. After the top sheet, are five Budget Planning Worksheets.  The Rhode Island Dept of Education, also known as, RIDE, received these five worksheets on Feb 15^th. 

Two months ago, to the day.

 

8. There are 2 notable things about these 5 Worksheets:   

-   The first notable thing, is that the Worksheets are dated Feb 15, 2024.  That is the exact same day they were submitted to RIDE.  The public hasn’t seen these 5 Worksheets because the presentation to the public was ten days earlier, on Feb 5. 

-   The second notable thing about these 5 Worksheets is that ON Feb 5, the Council was shown only TWO Worksheets.  Those Worksheets were dated Jan 29, not Feb 15, and the Jan 29 Worksheets had totally different numbers on them. 

 

9. The electorate gave the town of Middletown permission to obligate the taxpayers to pay back a $190 million dollar bond debt package which, ACCORDING TO THE BALLOT would 

1.   completely finance a middle school / high school AND

2.   completely finance renovating, furnishing and equipping school facilities throughout the Town, including, I QUOTE:  “…ALL Attendant Expenses.”

 

 

j.          Many project expenses have ALREADY been removed from the $190 million dollar bond debt, like: 

-  Forest Avenue School renovations,

-  Site Remediation,

-  Student Technology/Furniture/Fixtures/Equipment, and

-  A number of renovation and construction items for the current Middletown High School. 

 

k.         THESE expenses are clearly school building project items, AND part of ALL Attendant Expenses.  

1. YET, the Feb 15 Budget Planning Worksheets that RIDE received, present these items as OVER-AND-ABOVE the $190 million dollar bond debt.

2. It’s easy for the Town to say we are on budget and on time, when all you do is pull things out of the budget…to make budget.

 

l.          Middletown is obligated to give the voters what they asked for, and within the budget agreed upon. 

 

m.       I question if this council has considered the second and third order effects of this bond.  Meaning, many long-term residents will no longer be able to afford to live in Middletown.  Which begs the question, who are we building this school for?  All the millionaires buying up properties and building houses in Middletown?  Nope..Their kids wont go to Middletown High.  They go to Private Schools e.g. St Georges, The Abbey or other out of State Private High Schools.

 

n.         My Kids Kids?  Nope!  My kids already can’t afford to live in Middletown.

 

15. Lastly, I would remind the council, that despite some pretty substantial barriers put in front of Middletown Concerned Taxpayers e.g. Being kicked out of the Fire station, Our yard signs being removed by the town, and a full court press by Build RI to approve this bond, the bond was only passed by 120 votes.

 

16. Not an overwhelming majority by any stretch.

 

17. Mr. Council President, you and I have been friends for many years (45).  This town is split in half on this issue. As your friend I need to tell you that your METL as a leader of this town is about to be tested on this issue as taxes are truly getting out of control.  You will be challenged to hone all your leadership skills to hold this town together.  I wish you nothing but success because this town needs strong leadership, fiscal responsibility, and a champion for the residents.  If I can help you in any way, I will. Thank You.

 

 

 

 

 

 

 

 

 

 

 

Council President Rodrigues requested that Town Administrator Shawn Brown provide answers to the residents’ questions regarding the bond at the next Regular Meeting of the Council.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.

 

ACTING AS A BOARD OF LICENSE COMMISSION

 

5.    Application of Carol Crookes dba Woodhookers Sports Tavern, 238 East Main Road to TRANSFER Class BV Liquor License to Woody’s Tavern, LLC dba Woodhooker’s Sports Tavern (2023-2024 Licensing year) for use at the same premises. (Requires advertising for a future public hearing)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise for a public hearing to be held on Monday, May 6, 2024.

 

6.    Application of TPG Middletown Beverage, LLC d/b/a Newport Beach Hotel/Restaurant, One Wave Avenue, for a Class BT Alcoholic Beverage License for the 2023-2024 Licensing year for use at the same premises, to include patio areas. (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 a public hearing to be held on Monday, May 6, 2024.

 

7.    Applications three (3) received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F Alcoholic Beverage Licenses - (19-hour license) for the following events and dates listed below:

 

§  Beach Bash, held at the Norman Bird Sanctuary Beach, 830 Third Beach Road – Wednesday, July 24, 2024 – 5:00 pm to 8:00 pm. (F- Full Service)

 

§  50^th Anniversary Harvest Fair, held at the Norman Bird Sanctuary, 583 Third Beach Road – Saturday October 5, 2024 – 10:00 am to 5:00 pm. (F- Beer and Wine)

 

§  50^th Anniversary Harvest Fair, held at the Norman Bird Sanctuary, 583 Third Beach Road – Sunday October 6, 2024 – 10:00 am to 5:00 pm.

(F- Beer and Wine)

 

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

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.

 

CONSENT

 

8.    Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re:  Recommendation to the Town Council on draft fertilizer and pesticide control policy. (Requires review and adoption at a future meeting)

 

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

 

9.    Application of Starbucks Corporation dba Starbucks Coffee #7599, 99 East Main Road, for an Additional Hours of Operation License for the 2023-2024 Licensing year. (NEW; Requires Advertising 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.

 

10.  Communication of Superintendent of Schools, re:  Approval of Educational Funding Formula Resolution.

 

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

 

LICENSES AND PERMITS

 

11.   Application for Special Event Permit from Pulse Gym & Studios for Pulse Beach Boot Camps at Second Beach (Tuesdays and Thursdays) from Tuesday, May 14, 2024 to Thursday, August 29, 2024, from 5:30 am to 7:30 am.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

12.   Application for Special Event Permit from Aquidneck Island Land Trust/Sweet Berry Farm, 915 Mitchell’s Lane for Aquidneck Island Land Trust’s Appreciation BBQ for volunteers and Land Owners to be held on Thursday, June 6, 2024 from 5:30 pm to 7:30 pm.

 

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 Reverand Shelly Dungan for Community Yoga on the Beach to be held at Third Beach (Old riverbed area), Tuesdays 6:00 pm to 7:00 pm July 2, 2024 to September 10, 2024 and Saturdays and Sundays alternating 7:00 am to 7:45 am from July 6, 2024 to September 8, 2024.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

14.   Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Individual Surf Therapy sessions to be held at Second Beach - Surfers End June 2024 through September 2024, Monday through Friday 5:30 pm to 8:30 pm and Saturdays 8:00 am to 10:00 am – Symon Cousens has approved this request. (Applicant respectfully requests 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 permit fee.

 

15.   Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Daily Surf Therapy Camp with Fab Newport and Lucy’s Hearth to be held at Second Beach - Surfers End for 6 weeks beginning Monday, July 8, 2024 (Monday through Friday) through August 16, 2024, from 10:00 am to 12:30 pm - Symon Cousens has approved this request. (Applicant  respectfully requests 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 permit fee.

 

16.   Application for Special Event Permit from Gray Matter Marketing, Amica Newport Marathon, Marathon – throughout Newport and Middletown, starting and ending at Easton’s Beach, Newport, to be held on Sunday, October 13, 2024, from 7:30 am to 1:30 pm. (Set up at 5:00 am, race completed by 3:00 pm)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

17.  Application for Special Event Permit from St. George’s School for Alumni Weekend, Lunch, Saturday, May 18, 2024 from 12:00 pm to 2:00 pm (King Hall Terrace Tent on campus) and Dinner, May 18, 2024 from 6:30 pm to 10:30 pm (Tent on Cliff Field on campus).

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

18.  Application for Special Event Permit from St. George’s School, Graduation/Prize Day – Graduation Dinner, Saturday, May 25, 2024, 5:30 pm to 7:30 pm  and Luncheon, Sunday, May 26, 2024 from 12:30 pm to 2:30 pm both held on campus King Hall Terrace.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

 

19.  Application from Special Event Permit from The Norman Bird Sanctuary, for a Beach Bash to be held on their beach at 830 Third Beach Road, on Wednesday, July 24, 2024 from  5:00 pm to 8:00 pm.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

20.  Application from Special Event Permit from The Norman Bird Sanctuary, 583 Third Beach Road, for the 50^th Annual Harvest Fair, Family- Friendly Fair to be held Saturday, October 5, 2024 and Sunday, October 6, 2024 from 10:00 am to 5:00 pm.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

21.   Application for Special Event Permit from Jennifer Winn Barrack Pereira for Chillates: Beach Pilates to be held at Third Beach on Mondays, Wednesdays & Fridays (Town Beach) 6:30 am to 7:30 am and Saturdays (Boat Ramp) 6:30 am to 7:30 am from June 3, 2024 to August 31, 2024.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

OTHER COMMUNICATIONS

 

22.  Email request from Denise Panichas, Executive Director, The Samaritans of Rhode Island, re: Council Resolution in Support of Suicide Prevention Barriers on Bridges over Narragansett Bay.

 

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

 

23.  Resolution of the Council, re:  In Support of Suicide Prevention Barriers on Bridges over Narragansett Bay.

 

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

 

24.  Memorandum of Antone Viveiros, Chairman-Middletown Republican Town Committee, re:  Town Charter Amendment Request – Term Limits.

 

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

 

Antone Viveiros, Middletown, read the following into the record:

 

To: The Honorable Middletown Council President Rodrigues

From: Antone Viveiros, Chairman-Middletown Republican Town Committee

Date: Tuesday, April 9, 2024

Re: Town Charter Amendment Request – Term Limits

The Town Council’s March 18, 2024 meeting discussion on Charter Amendments revolved around the persistent difficulty of finding candidates to run for elected office.  It was reported that the voters approved changing elections from partisan to non-partisan in 2014, and the four non-partisan elections did not result in a notable increase in candidates.  The conclusion was to ask voters to return to partisan elections, to increase the number of candidates running for office.   The dilemma is that the “persistent difficulty of finding candidates for elected office” is part of the history of partisan elections.  Partisan elections have been the norm for decades and candidate numbers stagnated, even with political committees present. 

In 2018, the Charter Review Committee addressed this and concluded that TERM LIMITS for elected officials would encourage greater political participation.   The Town Solicitor prepared the Town Charter amendments and ballot questions, but the Town Council voted not to submit them to Middletown voters.

This shared goal, to encourage more residents to run for office and get involved, is suppressed by a combination of variables.  In general, potential Town volunteers are discouraged by multiple cycles of re-appointment, just as potential candidates for elected office are discouraged by repeated re-election of established Middletown politicians. This can be addressed with the term limit approach, for which much of the work has already been done:  the 2018 Charter Review Committee, made up of 13 Council-appointed members of the community, has vetted the issue, and the legal verbiage has been prepared (See attached). 

We would like to have a full discussion of the attached Charter changes at the next town council meeting, as increasing the number of election candidates has been a long-standing Town priority.  The previous Town Charter change, to non-partisan elections, show this goal is important to the electorate, and worthy of every possible approach for the betterment of Middletown.  We trust that Council will, as the Council President suggested at the March 18, 2024 meeting, “Let the voters decide this…not the [seven] people up here,” and forward the term limit Charter amendments to the Middletown voters. 

 

Please contact me if you have any questions or comments. Thank you very much and have a pleasant day.

The following is the second page of Mr. Viveiros’ memorandum, which he did not read into the record.

Ballot-Prepared Referendums – Charter Changes

Middletown Town Council, May 7, 2018

https://clerkshq.com/Content/Middletown-ri/council/2018/may07_18tc.htm

 

Question __

Amends Article II, The Town Counsel, § 202. Qualifications of members; vacancy occurs if member becomes disqualified

 

“Shall the Charter be amended to set limits on the number of consecutive terms members of the Town Council may serve?”

 

Members of the council shall be qualified electors of the Town of Middletown and shall hold no other paid public office or employment in the service of the town. Current service as notary public, justice of the peace, membership in the national guard or naval, air or military reserve or employment by any of the educational institutions maintained by the state, shall not disqualify persons for council membership. No member of the council shall be eligible to accept any other paid local town office during his or her tenure on the council or for a period of one year thereafter. No member of the council shall serve more than three (3) consecutive partial or full terms on the council, without at least a two-year interval before serving any additional term(s). The office of any council member who shall, during his or her term, cease to meet the foregoing qualifications, shall be deemed vacant.

 

Summary: The proposed amendment seeks to encourage greater political participation by requiring members of the town council who have served three consecutive terms to take a two-year break before serving any additional terms.

 

Question __

Amends Article VIII, School Department, § 801. School committee Established;

number and election of members.

 

“Shall the Charter be amended to increase the number of school committee members from five to seven and set limits on the number of consecutive terms members of the school committee may serve?” There shall be a school committee consisting of five seven members, each of whom shall be elected from the town at large by the electors of the Town of Middletown, to serve for a term of four years and until a successor is elected and qualified. Three members of the committee shall be elected at the first election after the adoption of this Charter and at said elections every fourth year thereafter and two four members shall be elected at the subsequent biennial election and at said elections every fourth year thereafter. The election of school committee members shall be by nonpartisan election, an election without designation or identification of political affiliation. No member of the school committee shall serve more than two (2) consecutive partial or full terms on the committee, without at least a two-year interval before serving any additional term(s).

 

Summary: The proposed amendment seeks to encourage greater political participation by increasing the number of school committee members from five to seven, and requiring members of the school committee who have served two consecutive terms to take a two-year break before serving any additional terms.

 

Terri Flynn, Middletown, read the following into the record:

 

Ms. Flynn noted that many residents wish to have the above questions in Mr. Viveiros memorandum on the November ballot.

 

Ms. Flynn read the following into the record for Michael Flynn:

 

The following was received by email on April 15, 2024.

 

Please make this email part of the public record for tonight’s town council meeting. I would like to have it read in its entirety as follows, if possible.

 

“Dear Town Council,

 

As a member of the Charter Review Committee in 2018, which recommended term limits for the Middletown Town Council, I would like to voice my strong encouragement for item number 24, Term Limits, that is being discussed tonight. I cannot make the meeting but would like to say that I think that the public should be allowed to decide this issue and it should be placed on the ballot this November.

 

I believe that we missed the opportunity to do something that would encourage more people to run for the Town Council back in 2018. Please do not let that happen again.

 

Mike Flynn

34 Warren Ave, Middletown.”

Audrey McLeod Pfeiffer, addressed the Council reviewing the following:  

 

The following was received by email on April 12, 2024.

 

Please make it part of the public record.

Tonight's meeting is to discuss amending the Town Charter by returning non-partisan elections back to partisan elections in hopes that more people will run for town offices if they have a political party to sponsor them. Maybe more people would run for office if they honestly believed they would stand a chance of being elected; if they knew there were going to be vacancies because officials would be stepping down. However, that rarely happens in Middletown. I believe the main reason for this is because officials hold excessively long terms, in other words, there are no term limits. Think about the gridlock that happens in D.C. politics. Do we want that in Middletown? In D.C., votes are based on party loyalty, not necessarily what is good for the country. Why would that mentality be different in local government? If a candidate has to depend on party sponsorship to run for office, then the party owns that candidate and their vote. In my opinion, the decisions regarding partisanship and term limits are too important to be determined by the town council, they should be on the ballot in November. Government FOR the people, BY the people, let the people decide.

 

Audrey MacLeod Pfeiffer

442 third beach Rd

Middletown, RI 02842

 

The following was received by email on April 14, 2024.

 

I am submitting comments,  for public record,  on Agenda Item#24 (Term Limits) of the Town Council April 15 2024 meeting. I support term limits. Since the 2018 Charter Review Committee has already vetted the issue, the legal verbiage has already been prepared, please advance the term limit Charter Amendment to the Middletown voters.           

       Thank you, Nancy Manning                                9 Warren Ave Middletown R I

 

The following was received by email on April 15, 2024.

 

This is a comment for Agenda Items #24 and 26 of the April 15, 2024 Council meeting. 

Please make this email part of the public record.

I believe it is time to embrace the idea of term limits for Town Council members but to identify those running for office as members of a political party would not be helpful at this time of division in our nation.

Therefore, I support term limits but oppose presenting candidates as members of a political party.

Thank you 

John R Joven

138 Esplanade

Middletown RI  

On motion of Vice President Welch, duly seconded, it was voted unanimously to have the Town Clerk schedule a public hearing to discuss a charter change adding term limits for Town Council and School Committee Members.

 

PUBLIC HEARINGS

 

25.  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 4 Definitions – Lot Line. (Planning Board recommendation on file.)

 

Public Hearing remains 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.

 

Valerie Gelb, Middletown, addressed the Council inquiring clarification for non-conforming lots.

 

Town Solicitor Peter B. Regan explained for non-conforming lots, the frontage of the lot would be the street side.

 

Martha Koziara, Middletown, addressed the Council inquiring clarification for a corner lot.

 

Town Solicitor Peter B. Regan explained the front door of the house would determine the street side being used for the address and frontage of the property.

 

Councillor Turano inquired if existing structures are grandfather in.

 

Town Solicitor Peter B. Regan explained that yes, current houses are grandfathered in, but if someone wishes to construct an addition they would have to follow the current setbacks.

 

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 adopt said ordinance on is second reading.

 

26.  Public Hearing (Advertised)

Proposed Charter Amendment  - Sec. 201 – entitled “Number selection and term of members, by changing non-partisan elections to partisan elections.

 

Public Hearing was declared open.

 

Rick Lombardi, Middletown, addressed the Council suggesting the questions (Town Council and School Committee partisan elections) go to the voters. Mr. Lombardi noted that independents can still run for office and once voted into office it does not matter what your party, you work as a team.

 

Andy Andrade, Middletown, addressed the Council noting that the non-partisan elections are not working, it has not brought more candidates.  Mr. Andrade supports putting the questions on the November ballot.

 

Chris Semonelli, Middletown, addressed the Council noting the need to educate people to run for election.  Mr. Semonelli explained that partisan politics do not belong at the local level.

 

Antone Viveiros, Middletown, addressed the Council noting the difficulty finding candidates to run for office.

 

Art Weber, Middletown, addressed the Council noting he does not see the advantage or disadvantage to partisan elections.

 

Terri Flynn, Middletown, addressed the Council noting partisan elections should be decided by the voters.

Martha Koziara, Middletown, addressed the Council presenting a handout, which is on file in the Office of the Town Clerk.  Ms. Koziara noted that she does not understand why the Town would go back to partisan elections since everyone works together as a team once elected.

 

Audrey McLeod Pfeiffer, addressed the Council reviewing the following:  

 

Tonight's meeting is to discuss amending the Town Charter by returning non-partisan elections back to partisan elections in hopes that more people will run for town offices if they have a political party to sponsor them. Maybe more people would run for office if they honestly believed they would stand a chance of being elected; if they knew there were going to be vacancies because officials would be stepping down. However, that rarely happens in Middletown. I believe the main reason for this is because officials hold excessively long terms, in other words, there are no term limits. Think about the gridlock that happens in D.C. politics. Do we want that in Middletown? In D.C., votes are based on party loyalty, not necessarily what is good for the country. Why would that mentality be different in local government? If a candidate has to depend on party sponsorship to run for office, then the party owns that candidate and their vote. In my opinion, the decisions regarding partisanship and term limits are too important to be determined by the town council, they should be on the ballot in November. Government FOR the people, BY the people, let the people decide.

 

Audrey MacLeod Pfeiffer

442 third beach Rd

Middletown, RI 02842

 

Louis DiPalma, Middletown, addressed the Council reviewing 2012 to the present facts and election data.  Mr. DiPalma noted there has not been an increase in candidates since non-partisan elections were passed by the voters.

 

Robert Silva, Middletown addressed the Council suggesting returning to the party system.  Mr. Silva noted his years on the Town Council and the Town has always been served well.

 

The following was received by email on April 15, 2024.

 

Enter Letter Charlie Vaillancourt

 

The following was received by email on April 15, 2024.

 

This is a comment for Agenda Items #24 and #26 of the April 15, 2024 Council meeting. 

 

Please make this email part of the public record.

 

I believe it is time to embrace the idea of term limits for Town Council members but to identify those running for office as members of a political party would not be helpful at this time of division in our nation.

 

Therefore, I support term limits but oppose presenting candidates as members of a political party.

 

Thank you 

John R Joven

138 Esplanade

Middletown RI  

 

Council discussion centered around reasons why people are not running for local office, the parties do not tell candidates what to do, the parties assist candidates with the election process, letting the voters decide on partisan elections, term limits for Town Council and School Committee seats, every two years is a term limit for Council seats basted on the decision by the voters and wanting what is best for the community.

 

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, to place a question on the November 2024 General Election Ballot and direct the Town Solicitor to prepare the ballot question in its proper form for Sec. 201 – entitled Number selection and term of members, by changing non-partisan elections to partisan elections.

 

Town Solicitor Peter B. Regan inquired if the non-partisan question includes the School Committee.

 

Vice President Welch amended the above motion, to include Section 801 School Committee, which was duly seconded, the following motion was voted upon.

 

On motion of Vice President Welch, duly seconded, it was voted to place a question on the November 2024 General Election Ballot and direct the Town Solicitor to prepare the ballot question in its proper form for Sec. 201 – entitled Number selection and term of members, by changing non-partisan elections to partisan elections and Sec. 801 School committee - Established; number and election of members by changing non-partisan elections to partisan elections; Councillor Turano voted NO to said motion.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 9:09 pm.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 9:20 pm.

 

27.  Public Hearing (Advertised)

Proposed East Main Road Configuration modifying the current four (4) lane configuration to a three (3) lane road – one lane of travel north on East Main Road and one lane of travel south, bisected by a center turn lane.

 

Public Hearing was declared open.

 

Council President Rodrigues noted this is a public hearing and the Town Council would like to hear public input.

 

Phillip Roberson, Middletown, suggested that comments be taken from Middletown residents only.

 

Council discussion was to hear from all people who wish to speak.

 

Bari Freeman, Bike Newport, reviewed the following handouts, entered here:

 

Enter handouts

 

Ms. Freeman noted this is about safety and a road diet reduces crashes by 50%.

 

Peter DiPippo, Middletown, addressed the Council explaining that he is questioning the statistics and information presented to the Town Council on April 1, 2024.  Mr. DiPippo noted that safety is a separation of bicyclists and cars, paint is not protection.

 

Maggie Vale, Middletown, addressed the Council noting the speed limit in the area needs to be enforced. Ms. Vale explained that the use of the center lane may cause head-on collisions.

 

Father Thomas O’Neil, Middletown, addressed the Council noting support for the road diet, explaining having three lanes could be an asset.

 

Phillip Roberson, Middletown, addressed the Council noting concern with people trying to pull out into traffic onto East Main Road from the side streets.  Mr. Roberson encouraged the Town Council to reject the road diet.

 

Daniela Abbott, Portsmouth Town Council member, addressed the Council reviewing options and suggesting focusing on the data. Ms. Abbott suggested Middletown and Portsmouth ask RIDOT to re-evaluate the East Main Road and Middletown and Portsmouth work together on this project.

 

Council President Rodrigues read the Town of Portsmouth communication into the record.

 

Enter communication

 

Kim Blass, Middletown, addressed the Council noting this is a waste of time, there are other projects with higher priority.  Ms. Blass noted concern that the traffic would be forced down residential streets, if the road diet is approved.

 

Deborah Joyce, Middletown, addressed the Council noting concern if the road diet is approved for East Main Road, traffic will be forced to use West Main Road. Ms. Joyce explained this would create more traffic congestion.

 

Mark Donahue, Middletown, addressed the Council noting he strongly supports the road diet.  Ms. Donahue explained the road diet will make Middletown safer.

 

Martha Koziara, addressed the Council presenting a handout, entered here:

 

Enter handout

 

Ms. Koziara noted the issue is the drivers being distracted and is unsure if the road diet will work.

 

Mary Dennis, Middletown, addressed the Council noting she counted cars and car types on East Main Road and does not believe the road diet is a good idea.  Ms. Dennis explained that East Main Road is an artery to the island which supports the local economy.

 

Remi Loyd, Middletown, addressed the Council explaining that people are afraid of change.  Ms. Loyd noted that the road diet could be a positive change and will promote safety.

 

Michael Armenia, Newport, addressed the Council suggesting reducing the speed limit on East Main Road.

 

Emily Buck, Middletown, addressed the Council speaking in support of the road diet, explaining that the road diet has solutions for many problems.

 

Louis DiPalma, Senator/Resident Middletown, addressed the Council noting that either way the Council votes he will support their decision in any way.

 

Marissa Caito, Newport, addressed the Council, speaking in support of the road diet, noting it will make East Main Road safer.

 

John Ciummo, Middletown, addressed the Council noting that if the road diet is approved, traffic on East Main Road will be a nightmare.

 

Melissa Bodnar, Westerly, addressed the Council in support of the road diet, noting people do not like change and safety is the most important issue.

 

Melissa Welch, Middletown, addressed the Council speaking in support of the road diet.  Ms. Welch explained that it comes down to safety and will help reduce speed.  Melissa Welch requested the Town Council to support this issue.

 

Gail Greenwood, Middletown, addressed the Council urging the Town Council to support the road diet, explaining East Main Road is a failure.

 

Terri Flynn, Middletown, addressed the Council noting that East Main Road is not wide enough.  Ms. Flynn suggests the Town Council fight to have the East Main Road widened.

 

David Gleason, Portsmouth Town Council, addressed the Council noting that roads are designed for trucks and cars, not bikes.  Mr. Gleason suggests Middletown and Portsmouth work together and speak to RIDOT.

 

Dennis Sagamang, Middletown, addressed the Council requested the Council not to support the road diet, due to traffic concerns.

 

Antone Viveiros, Middletown, addressed the Council reviewing traffic count statistics.  Mr. Viveiros requests the Council to reject the road diet, people should not be riding their bikes on a busy highway.

 

There being no persons present or on zoom desiring to be heard, public hearing was declared closed.

 

The following was received by email on April 15, 2024:

 

Agenda item #27 I am submitting comment ,for public record, on agenda item #27 of the April 15, 2024 town Council meeting. This is a ludicrous idea . I am 100% opposed to this.     Thank you,                                                            Nancy Manning                                                    9 Warren Ave Middletown R I

 

The following was received by email on April 15, 2024:

 

Enter Laura Swistak’s letter to the TC

 

The following was received by email on April 15, 2024:

 

Brian Rurak

629 East Main Road

Middletown RI 02842

 

I am 100% opposed to the shrinking of East Main Road from Wyatt Square to Portsmouth town line for multiple reasons.

 

1. By chance, traveling on West Main Rd this am, a 4 lane road as we know, traffic southbound was backed up with road maintenance being done on the side of the road.
2. That said, if East Main becomes a single travel lane, not only roadwork similar to that will cause a major back up but also the tractors that travel on that road frequently will do the same.
3. If this is a decision, based on Bike Newport’s proposal, I would be curious to how many bicycles actually travel along East Main vs. cars/commuters on a daily basis. 
4. Cyclists have the option of using Wapping Road or even Burma Road to avoid East Main if necessary. Why inconvenience the majority for a few? Common sense doesn’t prevail on that.
5. Trying to get out of driveways along this section right now is challenging enough with 2 lanes of directional traffic.  What happens when there becomes a constant flow of a single lane on each side?
6. Personal effect on me is I have a work trailer, being a contractor, that I need to back into my driveway.  Currently I have to wait at Wyatt Square parking lot for the light to change. Once it does, I have 42 seconds to get up the road and back my trailer into the driveway so I don’t cause congestion or an accident.
7. Comments were made about accidents on East Main Rd. Why not make the road safer by widening the road if that is the issue?
1. What about underground utilities and widen the lanes and put in a sidewalk/bike lane??
8. If taking a left on Turner Road southbound is part of the issue why not address THAT issue vs creating a bigger problem along the entire road?
1. What if that segment of Turner was a do not enter/one way from Wyatt to East Main for traffic? Southbound travelers could take a left at the Wyatt Sq. light.
2. Not to inconvenience the residents on that strip, maybe they are still allowed to head south coming out of their homes? Would that be possible?
3. Making that section a one way section may also cut down on the high amount of traffic Tuner Road gets from people cutting thru.

 

This is one of two major paths of travel for Aquidneck Islanders and our visitors. I’ve visited places with two lane roads with a high level of tourism.  It’s an absolute nightmare and frustrating when you are trying to get somewhere.  Why not create an artery that is going to enhance and improve the flow of traffic instead of impeding it.

 

Thank you,

Brian Rurak

 

Council discussion centered around there were twelve people present in favor of the road diet and eleven people not in favor, pushing back on the state to get East Main Road widened, safety improvements (road diet may improve the road safety), concern with traffic switching to West Main Road, looking at the community as a whole and not pieces, statistics and data not matching (local police department not matching what was presented), there is nothing in the road diet to increase the lane width, a road diet will slow down traffic, supporting safety measures, concern that accidents will increase in other areas of Town due to increased traffic in those areas, delaying the road diet decision may result in delaying the re-pavement project for East Main Road going out to bid and the need for a design for a bike path.

On motion of Vice President Welch, duly seconded, it was voted unanimously to Direct the Town Administrator to notify the RIDOT Middletown would like to proceed with the Road Diet; Vice President Welch and Councillor Tessier voted YES; Council President Rodrigues, Councillor Connerton, Councillor Logan, Councillor Turano and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to continued items #28 through #36 to the May 6, 2024, Regular Meeting of the Council.

 

ORDINANCES

 

28.  An Ordinance of the Town of Middletown (Second 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.

 

29.  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 118, Tobacco Regulations. (Repealing and deleting Ordinance) 

 

TOWN COUNCIL

 

30.  Resolution of the Council, re:  Educational Funding Formula.

 

31.  Resolution of the Council, re:  Pledging to Keep Rhody Litter Free.

 

TOWN ADMINISTRATOR

 

32.  Memorandum of Middletown Prevention Coalition Director, through Town Administrator, re:  STOP Act Grant Submission.

 

33.  Memorandum of Finance Director, re:  RFP MIDD-024-007 – Comprehensive Community Plan Consultant Services.

 

34.  Resolution of the Council, re:  Award of contract for RFP MIDD-024-007 – Comprehensive Community Plan Consultant Services.

 

35.  Memorandum of Finance Director, thru Town Administrator, re: School Department- Surplus 4550 Dump Truck.

 

36.  Resolution of the Council, re: School Department- Surplus 4550 Dump Truck.

 

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 11:37 p.m.

 

                                                                                                                                              

Wendy J.W. Marshall, MMC

Council Clerk

 

 

supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri