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, arrives at 5:43 p.m.
Councillor Barbara A. VonVillas, Members Present
POSTED JUNE 12, 2024
REGULAR MEETING JUNE 17, 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, June 17, 2024, 5:30 P.M. Executive Session and 6:30 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person, by telephone conference call/ webinar, members of the public may access and listen to the meeting in real-time by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 893 7835 4783 or on the web at https://us02web.zoom.us/j/89378354783
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), (5) Land Acquisition, (5) Land Acquisition (West Main Road) and (2) Potential Litigation (Town of Middletown v. Oxbow Realty Associates, L.P., C.A. No.: NC2022-0292 (Newport Superior Court). - 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 5:34 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 pass said resolution for the purchase of 351 East Main Road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
2. The Town Administrator will provide an update on the School Building Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said School Building Project update.
Ed Brady, Chair of the School Building Committee reviewed the following:
CMaR Update:
Bentley’s CMaR contract terms have been approved and their contract will be finalized shortly. Gilbane’s requested comment edits have been reviewed by Colliers and Matt Oliverio and returned with additional comments on June 6, 2024. Colliers has requested feedback from Gilbane by June 14, 2024.
Design Update:
(June 5th Architect SBC Meeting Presentation On file in the Office of the Town Clerk)
The design team is working towards the completion of the Design/Development (DD) plans and specifications for the DD construction estimates. The DD Cost estimating set is expected to be distributed to the CM’s and estimator by June 17, 2024. HMFH presented an exterior material palette at the SBC meeting, as well as a sample concrete masonry unit. HMFH also presented an option for the interior material layout at the entrance connector.
Budget and Schedule:
The project remains on time and on budget. The latest budget update is attached.
RIDE:
On June 5th, RIDE sent Middletown Public Schools the Memorandum of Agreement as a follow up to the approval provided by the Council on Elementary and Secondary Education on May 28th. The School Committee will execute the document at their next meeting.
Grants:
Colliers and HMFH have provided all requested materials for the School Project DCIP Grant and Renew America's Schools Grant
HazMat Testing:
Colliers and the design team are scheduled for a coordination meeting with ECM on June 12th to begin hazardous materials testing at Gaudet, MHS, and Forest Ave. The testing and reporting will be scheduled for the summer recess.
Town Administrator Shawn Brown arrived at 6:34 p.m.
3. 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.
Lewis Lassow, Middletown, addressed the Council noting concern with the four-way intersection at Wolcott and Reservoir Avenues. Mr. Lassow requests stop signs to be placed in the area.
John MacDonald, Middletown, addressed the Council inquiring about who owns Buena Vista Street in the Town. Mr. MacDonald explained the street is in terrible condition and requires maintenance. Mr. MacDonald presented a handout to the Town Council, entered here:
Town Solicitor Peter B. Regan noted that a title search has been conducted and the road is privately owned by the abutting property owners. Mr. Regan suggested that if Mr. MacDonald has any other information regarding Buena Vista Street, he will review the information.
Joseph Aguiar, Middletown addressed the Council noting concern with statements made by Councillor Turano regarding the increase in taxes. Mr. Aguiar explained that the statements were not correct and scared him.
Lawrence Frank, Middletown, read the following into the record:
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
4. 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:
· Summer Concert Series- held at the Norman Bird Sanctuary, 583 Third Beach Road Thursday, July 11, 2024 from 7:00 pm to 10:00 pm. (F-Beer and Wine)
· Summer Concert Series- held at the Norman Bird Sanctuary, 583 Third Beach Road, change of date from September 19, 2024 to August 9, 2024 from 7:00 pm to 10:00 pm. (F- Beer and Wine)
· Summer Concert Series- held at the Norman Bird Sanctuary, 583 Third Beach Road, change of date from October 17, 2024 to August 23, 2024 from 7:00 pm to 10:00 pm. (F- Beer and Wine)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said licenses.
5. Approval of Minutes, re: Regular Meeting, May 20, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, re: Special Meeting, May 22, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Special Meeting, May 29, 2024
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Regular Meeting, June 3, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. Application from Woody’s Tavern, LLC dba Woodhooker’s Sports Tavern, 238 East Main Road, for an Amusement License for the 2024-2025 licensing year. (NEW; DJ, Karaoke, Small Band, Guitar)
On motion of Vice President Welch, duly seconded, to grant said license.
Town Clerk Wendy J.W. Marshall noted that all the entertainment is indoors.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
10. Application for Special Event Permit from Matthew Pereira, Middletown, for the Pereira Wedding Fireworks to be held Saturday, June 22, 2024- Fireworks off ocean barge in front of 651 Indian Avenue beginning around 9:00 pm.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Town Clerk Wendy J.W. Marshall noted that the Council has granted this type of event before in the same area. Ms. Marshall explained the reason for the Special Event Permit is due to the Fire detail requirement for the event.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
11. Application of the Town of Middletown for Special Event Permit for Music in the Park – Summer Concert Series, Food Trucks and Lawn Games to be held on Mondays, July 8th, 15th, 22nd, 29th, 2024 beginning at 6:00 pm to 8:00 pm at Paradise Valley Park. (Town Event 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 said fees.
12. Application of the Town of Middletown for Special Event Permit for the Monday Night Music Series - Live Music, Firepits, Food Trucks to be held on Mondays, August 5th, 12th, 19th, 26th, 2024 beginning at 6:00 pm to 9:00 pm at Sachuest Beach; August 26, 2024, includes Fireworks (Rain date August 27, 2024). (Town Event 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 said fees.
Council President Rodrigues noted that the Monday Night Music Series are great events.
13. Application for Special Event Permit from Newport County YMCA for the Newport County YMCA’s 39th Annual Thanksgiving Day Pie Run– 5-mile run; 3-mile walk/run race beginning at Newport County YMCA to be held on Thursday, November 28, 2024, at 8:30 am.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
14. Communication of Kevin Boughton, Middletown, re: Installation of “No Parking” signage Rosedale Avenue.
On motion of Vice President Welch, duly seconded, to receive said communication and refer to the Middletown Police Department for review and recommendation.
Kevin Boughton, Middletown, addressed the Council noting that he has an ongoing problem with people parking across from his driveway on the street, making it hard for him to back out of his driveway. Mr. Boughton explained parking on the street, which is a dead end, restricts access to the road for emergency vehicles.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and refer to the Middletown Police Department for review and recommendation.
15. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.02, Exemption on Residential Property.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Council President Rodrigues noted that the amendment to this ordinance, and the next two ordinances, is to normalize the current tax exemptions with the new budget.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
16. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 34 Taxes, Section 34.30, Real Property Exemptions. (Tax Exemptions for Veterans)
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Terri Flynn, Middletown, inquired if the historical notations at the bottom of the ordinances would be in the code book.
Town Clerk Wendy J.W. Marshall, responding to Ms. Flynn, noted that the historical notations will remain and be updated in the code book.
A vote was taken.
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, Title III Administration, Chapter 34 Taxes, Section 34.40, Property Exemption Defined. (Tax Exemptions for Blind Persons)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
18. (Continued from the May 29, 2024, Special Meeting)
Resolution of the Council, re: Tax Levy.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Discussion centered around Councillor Turano would like to hear the results of item #19, before voting on item #18.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw the motion to pass said resolution.
Item #19 was acting on at this time.
Item #18 was acting on after item #19.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Councillor Turano noted that the tax assessment process is broken. Mr. Turano explained it is not fair, not predictable and does not support this resolution.
Town Solicitor Peter B. Regan noted that the levy resolution must pass with a 4/5th majority vote, due to exceeding the cap because of the School Bond.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution; Councillor Turano voted NO to said motion.
Item #20 was acted on at this time.
19. (Continued from the May 29, 2024, Special Meeting)
Resolution of the Council, re: Tax rate split between classifications (Commercial real estate, Residential real estate, and Personal Property tax).
On motion of Vice President Welch, duly seconded, to pass said resolution.
Leon Amarant, Middletown, addressed the Town Council noting that the tiered tax program is not great for Middletown, it is a bad policy. Mr. Amarant explained that everyone should pay taxes at the same rate, even commercial businesses. Leon Amarant noted that the tiered tax just shifts the tax burden around.
Discussion centered around the proposed tiered tax rate scenarios were reviewed during the budget process, the recommendation for the proposed budget was from the Town Administrator and no other proposals or motions for changes to the proposal were made by the Town Council, Councillor Turano feels that the budget proposal hurts the residents renting (living in a rental property) in the Town and Councillor Turano referred to the RIPEC study regarding tiered taxes.
Councillor Tessier noted that the tax system cannot be changed right now, it needs to be evaluated and will take time to be vetted.
Vice President Welch suggested that when numbers are put out to the public, they should be factual. Mr. Welch noted that out of 5,600 homes, there are about 200 plus properties that are second homes owned by Middletown residents and most homeowners in Town only own one property.
Councillor Turano noted that he is reporting from the RIPEC document. Mr. Turano is concerned with not being transparent and the property tax increase will have a high impact on the people renting properties in the Town. Mr. Turano explained that there is no predictability, and this is not good tax reform, the renters should be considered.
Councillor VonVillas read the following into the record:
It seems as though the concerns tonight about taxes have focused on the impact on those who need affordable housing which may be a little misleading.
I personally am committed to assessing taxes in the fairest, most reasonable manner, following a few basic guidelines:
1. Fairness means that all the residents - full-time residents - are considered first.
2. Recognizing that the value of property differs depending on location, it is not fair to homeowners across the board to pay the same percentage as those with property of higher value.
3. When property produces an income, fair assessment means that the owner should expect to pay a higher tax rate as part of commercial expense.
4. Different classes of rental property should expect to pay different tax rates in consideration of the impact on surrounding neighborhoods. For example:
a) STR - multiple rentals of the same property = largest profit
b) LTR - single renter produces a lower profit
c) Family rental generally produces little or no profit
5. Therefore, I would recommend a classification system that recognizes the difference in the income from the different classes of rental property, not to mention the impact on the surrounding neighbors.
6. Commercial property should consider taxes the cost of doing business and they are deductible.
7. These are guidelines that, in my opinion, are the fairest to the permanent residents, the people who live here, and they are the rules that I believe we should live by.
Councillor Logan noted that there were a few years that there was a zero increase in taxes. Mr. Logan explained that he was not in favor of a tiered tax and the issue needs to be reviewed, explaining the problem cannot be solved this evening. Councillor Logan suggests a request be made to RIPEC to do a new study.
Councillor Turano explained that he is reviewing a RIPEC document from 2022. Mr. Turano stated that the assessment process is broken and there is no predictability regarding taxes.
Council President Rodrigues explained that he will support this levy and believes that the tiered tax will help the majority of residents in the Town. Mr. Rodrigues noted that Oxbow, which are rental units, pays commercial taxes and most residents only own one home in the Town. Council President Rodrigues noted that he hopes the Tax Exploration Committee will advise the Council with suggestions regarding taxes.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution; Councillor Turano voted NO to said motion.
Item #18 was addressed at this time.
20. Resolution of the Council, re: Authorizing submission of Charter change questions for the November 5, 2024, General Election.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
21. Communication of Councillor Turano, re: Requesting to discuss reassessment results and have the Tax Assessor present his findings in reference to the percent increase in taxes in Middletown. I would like to know the number of properties whose taxes are going up and the number of properties that are going down. I would also like to know the number of properties whose taxes are going up over 50% based on the two-tier tax rate that is being proposed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Discussion centered around the Town Administrator will have answers to Councillor Turano’s inquiries at the next regular meeting, the Town Council (acts as an entire Council) when requests come into the administration regarding information not regularly accessible/available and reports or other documents that must be created by the administration.
On motion of Vice Council President Rodrigues, duly seconded, it was voted to refer the communication to the Town Administration; Vice President Welch and Councillor VonVillas voted NO to said motion.
22. Communication of Councillor Turano, re: Requesting to discuss the Middletown Clean program and how it’s being implemented and tied to the Governors “Keep Little Rhody Litter Free” campaign.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Discussion centered around an implementation plan for the Middletown Clean program was adopted by the Town Council at a prior meeting and the Town Administrator will provide an update at the next regular meeting of the Council.
23. Memorandum of Finance Director, thru Town Administrator, re: Janitorial & Maintenance Services One Year Extension.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
24. Resolution of the Council, re: Janitorial & Maintenance Services One Year Extension.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
25. Memorandum of Town Clerk, re: Town Council liaison to the Affordable Housing Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Discussion centered around having two Council liaisons for the Affordable Housing Committee.
On motion of Councillor Connerton, duly seconded, it was voted unanimously to increase the liaison from one to two and appoint Council President Rodrigues and Councillor Turano to the Affordable Housing Committee as liaisons.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:14 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri