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 DECEMBER 27, 2023
REGULAR MEETING JANUARY 2, 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 Tuesday, January 2, 2024 at 6:00 P.M. Executive Session, Immediately following Executive Session - Town Business Update 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: 815 8714 7279 or on the web at https://us02web.zoom.us/j/81587147279
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.
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), (2) Collective Bargaining (NEARI Teacher Aides) and (5) Land Acquisition, - 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 6:01 p.m.
Town Solicitor Peter B. Regan recused himself from acting on the Land Acquisition item, due to a possible conflict of interest and left the session at 6:03 p.m.
Councillor Connerton recused himself from acting on Collective Bargaining (NEARI Teachers Aides), due to a possible conflict of interest and left the session at 6:08 p.m.
Town Solicitor Peter B. Regan returned to the session at 6:09 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:20 p.m.
Councillor Connerton recused himself from acting on Collective Bargaining (NEARI Teachers Aides), due to a possible conflict of interest, leaving the dais at 6:21p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the NEARI Teachers Aides Contract and pass said resolution.
Councillor Connerton returned to the dais at 6:21 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.
2. The Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the January 16, 2024, Regular Meeting of the Council.
3. 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 the School Building Project update.
Town Administrator Shawn Brown reviewed the following, entered here:
4. 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.
Antone Viveiros, Middletown, addressed the Council requesting an update regarding the installation of red light camaras at Town intersections.
Town Administrator Shawn Brown noted that street light cameras on state roads must be installed by the state. Mr. Brown also noted that the Police Department is working on getting cameras in school zones.
Lawrence Frank, Middletown, addressed the Council, reading the following into the record:
5. Approval of Minutes, re: Special Meeting, November 21, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, re: Regular Meeting, December 4, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Special Meeting, December 12, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Regular Meeting, December 18, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. 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. (Planning Board Recommendation on file - Council action – Advertise for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Petition to Rezone and Amendment to the Comprehensive Plan, advertise and notify abutters for a future public hearing.
10. Memorandum of Paul A. Croce, Chair, Middletown Planning Board, re: 2023 RI General Assembly Session – Housing related bills S1037A & S1050A. (Council action to 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. Approval of Draft Town Council Budget Meeting Schedule: (There may be other meetings scheduled at a later date.)
· Tuesday, January 16, 2024, Revenue Conference
· Monday, April 15, 2024, Administrator’s FY2025 proposed budget to the Town Council.
· Saturday, April 27, 2024 – 8:00 am Budget Meeting
· Wednesday, May 22, 2024 – 6:00 pm Budget First Public Hearing
· Wednesday, May 29, 2024 – 6:00 pm Budget Second Public Hearing and Adoption.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Draft Budget Schedule.
12. (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 IV: Land Usage, Chapter 152 Zoning Code, Section 305 Development Plan Review (DPR), Section 306 Uses Subject to and Exempt from Development Plan Review, Section 307 Development Plan Review for Uses Permitted by Right, Section 308 Development Plan Review for Uses Requiring A Variance or Special Use Permit and Section 323 Unified Development Review. (Planning Board recommendation on file)
Public Hearing was declared open.
Antia Guo, Principal Planner, addressed the Council reviewing a power point presentation, which is on file in the Office of the Town Clerk.
Town Solicitor Peter B. Regan noted that the amendments to the Zoning Code conform with the changes to Rhode Island State Law.
There being no 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.
13. Communication of Paul A. Croce, Planning Board Chair, re: Amendments to Sections Article 2 Definitions, Article 4 Procedures For Subdivision and Land Development Approval, Sections 401, 406, 407, Approval, Regulations Article 8, Section 805, Article 9 – Supplementary Regulations, Sections 901, 902, 903, 904, 905, 906, 907, Article 10 Development Plan Review, Sections 1001, 1002, 1003, 1004, 1005, 1006,1007, 1008, 1009, 1010 and 1011, Middletown Rules and Regulations Regarding Subdivision and Development of Land per legislative amendments S1034A & S1038A.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Antia Guo, Principal Planner, addressed the Council reviewing a power point presentation, which is on file in the Office of the Town Clerk.
Town Solicitor Peter B. Regan addressed the Council noting the amendments clarify the zoning changes made to the zoning code. Mr. Regan explained the Planning Board adopts the amendments subject to Town Council ratification.
Discussion centered around the Town Staff and Board Members are being trained regarding the changes to state law and the Town is unsure of how the changes will impact the Zoning and Planning Boards.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve/ratify said amendments to the Middletown Rules and Regulations Regarding Subdivision and Development of Land.
14. Memorandum of Paul A. Croce, Chair, Middletown Planning Board, re: Proposed creation of incentive program to promote preservation of historic buildings and resources.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Antia Guo, Principal Planner, addressed the Council reviewing the memorandum and attachment above.
Council President Rodrigues requested a financial impact statement before proceeding with the proposed creation of the incentive program to promote preservation of historic buildings and resources.
Discussion centered around a board would be created to oversee the incentive program and residents would petition the board to be on the historic building list.
15. Communication of Councillor Tessier, re: Discussion of Housing Typology for Affordable Housing Project on East Main Road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Tessier reviewed the communication above.
Discussion centered around the affordable housing should be environmentally friendly, the need for more affordable housing units and the type of ownership for the property/units set in the agreement cannot be changed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to forward said communication to the Affordable Housing Committee for review.
16. Communication of Tax Assessor dated December 13, 2023, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
17. 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.
18. Memorandum of the Healthy Communities Coordinator thru Town Administrator, re: Grant Application Request.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Lori Turner, Healthy Communities Coordinator reviewed the memorandum above.
Town Administrator Shawn Brown noted that this would give the Outreach Committee the ability to apply for a grant with no match to the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the request to purse grant funding (no match required by the Town) to conduct workshops, to create a plan of action to align with the objectives laid out by the committee’s charge.
19. (Continued from the December 4th and December 18th , 2023, Regular Meetings).
Memorandum of MPC Director, through Town Administrator, re: MPC Committee Infrastructure.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said memorandum.
20. Memorandum of the Healthy Communities Coordinator thru Town Administrator, re: Outreach Committee Recommendations.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
21. Resolution of the Council, re: Approval of Outreach Committee Charge.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Tom Kowalczyk, Middletown, Chair of the Outreach Committee, addressed the Council requesting support for the proposed committee charge.
Councillor Turano noted the Outreach Committee is proactive and in touch with the needs of the Community.
A vote was taken.
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 increase the size of the Outreach Committee from five (5) to seven (7).
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:32 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri