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 Barbara A. VonVillas, Members Present
Councillor Dennis B. Turano, Absent
POSTED MAY 15, 2024
REGULAR MEETING MAY 20, 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, May 20, 2024, 5:00 P.M. Executive Session, Promotional Ceremony and RI Airport Corporation Immediately following 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: 820 5576 1581 or on the web at https://us02web.zoom.us/j/82055761581
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, (5) Land Acquisition (West Main Road), (5) Lease, (1) Personnel (Non-Classified Employees), (1) Personnel (Major Ryan) and (2) Collective Bargaining (FOP) - review, discussion and/or potential action and/or vote in executive session and/or open session.
Vice President Welch announced that Major Jason Ryan was notified in writing Pursuant to RIGL 42-46-5 (a) (1).
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.
Vice President Welch presiding.
Council Present presiding in open session.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:05 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify Major Ryans’ appointment and approve the contract.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the FOP contract.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Usage and License Agreement for St. George’s School.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
Council President Rodrigues requested a moment of silence for long time Middletown resident Andrew “Andy” Bacon.
Council President Rodrigues requested a moment of silence for long time Middletown resident William Flowers.
2. Communication of Police Chief, re: Promotional Ceremony.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and begin said Promotional Ceremony.
Chief Anthony Pesare addressed the Council noting that former Major Teri Hazel’s spouse, Theresa Hazel, was present. Chief Pesare introduced Julian Reis, who will be graduating from the RI Police Academy on Friday, May 24, 2024, introduced new Records Clerk Leslie Viruet, new Animal Control Officer Olivia Garcia. Chief Anthony Pesare introduced and presented biographies on Officer David Guerriero being promoted to the rank of Sergeant, Probationary Patrol Officer Tyrell Hill and Captain Jason Ryan being promoted to the rank of Major, and all were sworn in by the Town Clerk Wendy J.W. Marshall and pinned by a family member.
3. RI Airport Corporation, re: Presentation/Discussion regarding proposed project located approximately 2000-feet north of Forest Avenue and approximately 2,500- feet west of its intersection with West Main Road (Route 114) at Newport State Airport, Assessor’s Plat 112, Lot 24A, Middletown, RI.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the RI Airport Corporation presentation/discussion regarding the Newport State Airport.
Dawn Mineker, PE, Acting Vice President, Infrastructure, Rhode Island Airport Corporation, addressed the Council reviewing the following:
Gregg Cohen, Senior Environmental Project Manager, representing Stantec, Consultant for the Rhode Island Airport Corporation was also present to answer Council inquiries.
Dan Faria, Middletown, addressed the Council noting concern that the project is being rushed and not having enough time to get more information before the project begins. Mr. Faria urged the Council to get more information/more time for discussion regarding the project.
Martha Koziara, Middletown, addressed the Council looking for clarification of the area the project will be taking place.
George Silvia, Middletown, addressed the Council noting the project is being rushed and concern with the wetlands in the area.
Discussion centered around the wetlands will not be drained, trees will be removed from the wetlands, the project will comply with RIDEM requirements and the Town will have the Town Engineer review the project.
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, noting the school budget/project has expanded since the November vote. Mr. Viveiros read the following into the record:
Terri Flynn, Middletown, addressed the Council reading the following into the record with the attachment:
Terri Flynn – 34 Warren Avenue
I do appreciate the time to address the Council this evening.
Last council meeting, on May 6, 2024, the council asked for answers to questions raised by the public on the School Building Project. There were some things presented that require a brief response, at least in tonight’s 5 minutes :
First May 6, response. It was stated in the presentation that there is an, “idea that voters should vote on every part of this.”
That is incorrect. The idea, is that if the financials presented to the voters have changed, the voters should be able to accept or reject those new financials, since the voter is ultimately the one burdened with the financial responsibility.
Second May 6, response. It was presented that the School Building Project has three elements: a new middle/high school, creation of [grades] 2 through 5 Elementary, and development of a PreK through [grade] one early education center at Forest Ave. It was also presented that this has been the same since last April, 2023 and is evidenced by April 12, 2023, School Building Committee meeting minutes. These meeting minutes were referenced, but the actual verbiage was not provided to Council or the public.
That presentation is contradicted by the town itself in the Middletown Today publications of May, June, July and August of 2023. Please reference the handout labeled Attachment [1] just given to you. The information in those publications specifically exclude Aquidneck and Forest Avenue Elem schools, with quotes like: “Redoing all schools is out of reach”; “due to funding limitations, there’s only so much a community can take on at one time”; “town’s independent financial experts – Hilltop Securities – have said [redoing all the schools at once is] not possible due to limits on the town’s borrowing capacity.” This information, provided to the public the four consecutive months after last April, would certainly nullify any plan as recorded in any April 2023, School Building Committee meeting. Certainly, in the mind of the voter. It is disconcerting to even think that the public would be misinformed either May through August of 2023 after the April 12, 2023, School Building Committee meeting, or at the last council meeting on May 6, 2024,when the presentation was that the plan had not changed since last April, despite town publications four months following that state something different.
THIRD May 6 Response. It was presented that questions by the public are “hurting the project, overall” and “hurting the community.” It was stated that information is “taken out of context” and “conclusions which aren’t necessarily accurate, it just represents the community poorly,” and how disappointing it is to have to address some of the public’s questions.
You know what is disappointing? Those statements coming from the town. Attempts to discredit and demean the public who are presenting facts like you just received (Attachment [1]). Especially given that a fallacy in the town’s May 6 presentation has been clearly evidenced this evening in that handout and evidenced by facts provided by the public.
Thank you.
5. (Continued from the May 6, 2024, Regular Meeting)
(Advertised; Abutters notified)
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)
Public Hearing was declared open.
Councillor Tessier inquired about the hours of operation connected to this request.
Daniel Brennan, representing Starbucks, addressed the Council explaining the request for additional hours is to allow the restaurant to open at 5:00 am.
There being no other persons present or on zoom desiring to be heard public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
6. (Continued from the May 6, 2024, Regular Meeting)
(Advertised)
Proposed Charter Amendments - Term limits:
Amendments to Article II, The Town Council, Sec. 202 and Article VIII, School Department, Sec. 801, that would set term limits for members of the Town Council and School Committee.
Public Hearing was declared open.
Antone Viveiros, Middletown, addressed the Council reviewing the following and requests the Council place the questions on the November 2024 ballot.
Vanessa Ellerman, Middletown, addressed the Council noting opposition to term limits, explaining that experience matters. Ms. Ellerman noted that the voters decide each election who will be on the Town Council and School Committee.
Martha Koziara, Middletown, addressed the Council noting she is in favor of term limits. Ms. Koziara explained that term limits allow for others with different perspectives to get elected to office.
Lawrence Frank, Middletown, addressed the Council reading the following into the record:
Michael Flynn, Middletown, addressed the Council noting support for term limits be placed on the ballot and let the voters decide.
Wendy Reil, Middletown, addressed the Council noting she is in favor of placing the term limits questions on the November ballot. Ms. Reil explained that it will allow more people to run for office and bring fresh ideas.
Audrey MacLoud Pfeiffer, Middletown, addressed the Town Council speaking in support of the term limits, explaining it seems reasonable, gives people hope they may get elected to office.
Senator Louis P. DiPalma, Middletown, addressed the Council noting the voters decide every two years who will be elected to office. Mr. DiPalma noted the need for more candidates seeking election before placing these questions on the ballot.
Terri Flynn, Middletown, addressed the Council reading the following into the record.
Terri Flynn – 34 Warren Avenue
Thank you for having this Public Hearing this evening.
It’s up to the Town Council to discern between opinion, and opinion presented as fact. A lot of statements were made [about methods to encourage more people to run for public office]: One way will limit voter choice, and someone else would say it will expand voter choice; [another way] will prevent candididates indefinitely from running, and other people would say it will encourage candidates to run indefinitely, at least other people to run, in the future. Without a study or some proof behind the statement, it is just an opinion.
Lately, some of the front-and-center Conversations have been on strategies of how to encourage more people to run for public office. That’s really how this all kicked off, as I understand it. It does seem that most strategies to accomplish that goal [require] a Charter change, or an amendment. The Middletown Town Charter can only be amended by vote in an election. So, it IS the job of the voters to decide whether to amend the Middletown Town Charter...or not to. This conversation, how to encourage more people to get involved and run for public office, goes back at least ten years, as in 2014, the Charter Amendment, to encourage more people to run for public office–that's the goal, was put on the ballot for the voters to decide. Again, what this is all about is letting voters decide on a charter amendment, or not, whatever that charter amendment is.
Recently, as noted, both the Middletown Democratic Committee and the Middletown Republican Committee have requested charter amendments for the ballot in this coming November’s election, and both those charter amendments are strategies to encourage more people to run for public office. They have the same goal. Town Council has already approved one of the charter amendments be put on this November’s ballot, and to let the voter decide. Tonight, the Town Council is considering the other one, which is a charter amendment that has already been reviewed and approved by a Charter Review Committee, unlike the charter amendment the Town Council has already approved for this November’s ballot. Given this fact, and the previous approvals for these types of charter amendments to go to the ballot to let the voter decide, it would seem consistent for the Town Council to also forward this charter amendment for the ballot in this November’s election, as well.
Art Weber, Middletown, addressed the Council noting that term limits should be the same for the Town Council, School Committee, Planning Board and Zoning Board.
Vice President Welch noted that few people get involved and it is difficult to recruit people to run for office. Mr. Welch explained that every other year seats are available on the Council and anyone can run for a seat.
Councillor Tessier noted that in general she is in favor of term limits, but three terms is not enough time to accomplish many goals. Ms. Tessier noted the need for a mix of seasoned and new people on the Town Council.
Audrey MacLoud Pfeiffer, Middletown, noted that it is a democracy, let the people vote on term limits.
Antone Viveiros, Middletown, noted that the proposed term limits would be three consecutive terms for a total of six years.
Councillor Logan noted that the terms are too short. Mr. Logan explained that he likes the idea of term limits, but not as proposed.
Councillor Connerton noted he does not support the question as written, but would support placing the question on the ballot for the voters to decide.
Council President Rodrigues noted the term limits are every other year when there is an election. Mr. Rodrigues noted the need for knowledge, history and a mix of old and new councillors.
Councillor VonVillas read the following into the record:
Focus on Community Service
During all my years of community service in Middletown (MHS, SC, TC), my personal goal has always been to help make the community better, never in self-interest.
But this will be my last term on the TC, so the recent prospect of term limits was irrelevant to me personally. However, I would like to identify some considerations that are relevant.
Times have changed and so has the culture and character of our Town. Most of the office-holders over the years dedicated their time and energy to improving the Town of Middletown. They worked together to identify issues that threatened to undermine the Town’s well-being and then took steps to rectify those issues and develop initiatives that would benefit the Town.
They came to public service with a knowledge of the ways of government and made it their goal to continue to practice unity for the good of all the people – not for one section of the town or for one group of residents. Middletown was regarded as a single unified community.
But times have changed and – unfortunately – Covid was a distinct turning point. Like everywhere else, Middletowners have been focused on surviving, and people have become more self-absorbed and self-protective.
Furthermore, the epidemic magnified the educational issues already existing from decreasing enrollment. Education was reduced to the basics - just what was deemed necessary - eliminating options that opened the door to success in the adult world, such as vocational training and, what is relevant here – civics education – learning about the national, state, and local government.
Why is this relevant? Because understanding the needs of the whole community requires a positive outlook and a broad knowledge which are more than just a focus on individual self-interest.
Notice – most current government officials have been seasoned by experience based on a widespread knowledge of all aspects of the community - the young and the old, the east side and the west side, the residential and the commercial. They know that ALL the citizens deserve attention, protection, and - above all - respect.
They benefited from civics education that led to an understanding of personal and civic responsibility, which is broader and heavier for those elected to lead. They know that previous generations provided for all of us. That is the responsibility of the elected representatives of the people who live here. They can not and must not be motivated by self-interest.
But the time will come when the current office-holders will move on, and the next generation of the community will take their place. I would caution the voters to beware of replacing knowledgeable representatives who are committed to the community as a whole with others whose intentions may be honorable but whose knowledge of the needs across the whole community may be limited.
Yes, there is always a need for new blood. But be certain that those who eventually take their place are equally knowledgeable and committed to the community.
In an effort to help new candidates to acquire a deeper knowledge of Town administrative structures and local issues, I have been working with the Middletown Library to develop a series of informational seminars - limited to those who may never before have served the Town or run for office - to provide some idea of what would be expected of them if they were elected and how they could contribute to the community as a whole.
But change just for the sake of change will not benefit the Town.
Term limits do not guarantee good service. Voters who elect only the most knowledgeable and honorable candidates – experienced or new - who value the concept of community – will ensure good and responsible service that is NOT motivated by self-interest.
Barbara A. VonVillas, Ph.D.
Robert Silva, Middletown, noted that term limits have benefits, but negative consequences. Mr. Silva explained that term limits create more issues than they solve.
There being no other persons present or on zoom desiring to be heard public hearing was declared closed.
The following was received by email on April 27, 2024.
Dear Council
For the 6 May 2024 Public Hearing, please put elected officials’ term limits charter change on the 6 November ballot to let the voters decide, and make this email request part of the public record.
Thank you,
Jo-Ann Thornton
28 J H Dwyer Drive
The following was received by email on April 27, 2024.
>> Dear Council
>> For the 6 May 2024 Public Hearing, please put elected officials’ term limits charter change on the 6 November ballot to let the voters decide, and make this email request part of the public record.
>>
>> Thank you,
>> David Thornton
>> 28 J H Dwyer Drive
The following was received by email on April 28, 2024.
Dear Council,
For the May 6, 2024 Public Hearing, please put elected officials’ term limits charter to be charter change on the November 5 ballot to let the voters decide and make this request part of the public record.
Please make this email part of the public record.
Thank you,
Josie Rock
194 Kane Ave.
Middletown, RI
The following was received by email on April 29, 2024.
Dear Council: For the May 6, 2024 Public Hearing, please put elected officials' term limits charter change on the November 5 ballot to let the voters decide.
Please make this email part of the public record.
Thank you,
Craig & Anne Schmidt
3 Toni Lynn Terrace
Middletown, RI 02842
The following was received by email on April 29, 2024.
Dear Council -
For the May 6, 2024, Public Hearing, please put elected officials' term limits charter change on the November 5 ballot to let the voters decide, and make this request part of the public record.
Thank you,
Terri Flynn
34 Warren Ave
Middletown, RI 02842
The following was received by email on April 30, 2024.
Dear Council: For the May 6, 2024 Public Hearing, please put elected officials' term limits charter change on the November 5 ballot to let the voters decide.
Please make this request part of the public record.
Thank you
Kevin OConnor
2 Easton Ter
Middletown RI
The following was received by email on May 2, 2024.
Dear council, for the May 6,2024 public hearing, please put elected officials' term limits charter change on the november 5 ballot to let the voters decide, and make this request part of the public record.
Thank you
Tamara Shane, a middletown resident.
The following was received by email on May 3, 2024.
Please insure part of the public record
Thank you
Valarie
On May 3, 2024, at 7:49 AM, Valarie Gelb > wrote:
Please count me as “For” allowing citizens to vote on term limits regarding May 6 agenda item 28
Valarie Gelb
94 Shore Drive
Middletown RI
28. (Advertised).
Proposed Charter Amendments - Term limits:
Amendments to Article II, The Town Council, Sec. 202 and Article VIII, School Department, Sec. 801, that would set term limits for members of the Town Council and School Committee.
Thank you Valarie
The following was received by email on May 3, 2024.
To Town Council Members,
I would like to make it known that I am in favor of term limits for both school board and town council members. I also feel strongly that this item should be determined by popular vote and appear on the ballot for voters to decide at the next election in 2024.
I would like this statement to appear on the public record.
Thank you.
Audrey MacLeod Pfeiffer
442 Third Beach Rd.
Middletown, RI 02842
The following was received by email on May 6, 2024.
For the may 6, 2024 public hearing please put elected officials term limits charter change on the November 5 ballot to let the voters decide and please make this email part of the public record. Thank you Beverly philbrick 38a Warren Ave middletown ri
The following was received by email on May 6, 2024.
Dear Council: For the May 6, 2024 Public Hearing, please put elected officials' term limits charter change on the November 5 ballot to let the voters decide. Please make this request part of the public record.
As a member of the 2018 Charter Review Committee that originally made this recommendation, I feel strongly that the voters should decide this issue.
Thanks,
Mike Flynn
34 Warren Ave, Middletown, RI
Cell 401-338-0614
The following was received by email on May 6, 2024.
6 May 2024
RE: Tonight's Town Council meeting: Town Charter change & Term Limits
To our Town Councilors:
Although the people of Middletown have largely been well represented by our elected Town officials over the decades, Term Limits must be incorporated into our Town Charter this November.
As discussed in previous Town Council meetings, it's been difficult finding enough citizens to run for local office. There are several contributing factors to that situation.
One factor is time. Town Council members must devote a tremendous amount of time to Town business. It can be overwhelming, and greatly detract from your professional, personal and family time. Many citizens simply can't devote that much time to Town service and choose not to run for office.
Another factor is the appearance and impression that certain seats are essentially "owned" by members who have served for decades.This is a deterrent to those who would like the opportunity to serve the Town (or even the nation) in meaningful ways, but don't run for office because they believe the situation is impossible to overcome.
Town Council members determine the fate and business of the Town, and therefore determine the quality and affordability of life for its residents. It's a very serious responsibility with far-reaching impacts that affect generations of residents.
When individual Council members run for office decade after decade, they are eliminating other citizens' opportunities to bring new, diverse, and informed perspectives to the office, and therefore introduce positive change in the community. It's incredibly discouraging. Even 10 years of service is too long for Town Council members, and for Board and Commission members as well. Decisions made by the same people over decades ensure that opposing voices are not welcome at the community table. That is detrimental to any town, state, or nation.
All elected officials must understand that there should be a time to get up from the "table" and let others have a chance to sit and participate in Town affairs. It will encourage more qualified citizens to run for office.
Please make this email part of the public record.
The following was received by email on May 6, 2024.
Dear Town Council Members
I am writing to request you approve a ballot question be included for November 2024's election for Term Limits for all elected Middletown officials so residents can vote whether or not to include Term Limits in our Town Charter.
This will allow more members of the public to be able to participate in our local government.
Please make this email a part of the public record.
Thank you very much,
Karen Biastre
207 Maple Ave
The following was received by email on May 6, 2024.
Please make this email part of the public record
To the Middletown Council: For the May 6, 2024 Public Hearing, please put elected officials' term limits charter change on the November 5th ballot to let the voters decide and make this request part of the public record.
Thank you,
John Joven
138 Esplanade
Middletown, RI
The following was received by email on May 15, 2024.
Dear Council:
For the Public Hearing originally slated for May 6, 2024, but now May 20th, please put elected officials' term limits charter change on the November 5 ballot to let the voters decide.
Please make this email part of the public record
Thank you very much,
Peter Stark
5 Bartlett Rd
Middletown, RI
The following was received by email on May 19, 2024.
Please make this email part of the public record
To the Middletown Council: For the May 20, 2024 Public Hearing, please put elected officials' term limits charter change on the November 5th ballot to let the voters decide and make this request part of the public record.
Thank you,
John Joven
138 Esplanade
Middletown, RI
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 Article II, Town Council Sec. 202 and Article VIII School Department, Sec. 801, that would set term limits for members of the Town Council and School Committee.
Councillor Logan inquired if a question comes back to the Council for vote to be placed on the November ballot, can the Council change the question at that time.
Town Solicitor Peter B. Regan explained that you would need to change the question now or bring the issue back for another public hearing, the question must be specific.
A Vote was taken.
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 Article II, Town Council Sec. 202 and Article VIII School Department, Sec. 801, that would set term limits for members of the Town Council and School Committee; Councillor Connerton voted YES; Council President Rodrigues, Vice President Welch, Councillor Logan, Councillor Tessier 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 Act as a Board of License Commission.
7. Communication of Attorney Christopher Behan, re: Beach Liquors, LLC Transfer of Class A Liquor License to Golden Bev, LLC.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
8. (Advertised)
Application of Beach Liquors, LLC dba Beach Wine and Liquors, 43 Aquidneck Avenue to TRANSFER Class A Liquor License to Golden Bev, LLC dba A Gold’s Wine and Spirits (2023-2024 Licensing year) for use at the same premises.
Public Hearing was declared open.
Attorney Christopher Behan, representing the applicant, was present to answer Council inquiries. Mr. Behan reviewed the communication in item #7 and noted the liquor establishment will not be a chain store, there are different owners, and different management etc..
There being no other persons present or on zoom desiring to be heard public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license transfer.
9. Application of Radish Patch, LLC dba Pasta Vino, 694 Aquidneck Avenue, for a Class BV Liquor License (2023-2024 Licensing year) to be used at the same premises. (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 and advertise for a public hearing to be held on Monday, June 3, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
10. Application of Angel Camacho, North Kingstown, for RENEWAL of a Tattoo License for the 2024-2025 licensing year to be used at 999 West Main Road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
11. Application of RPC, Inc. dba Rumford Pet Express, 99 East Main Road, for RENEWAL of Holiday Sales License for the 2024-2025 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
12. Application of Diegos Middletown, LLC dba Diego’s Barrio Cantina, 116 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2024-2025 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
13. Application of Island Management, Inc dba Flo’s Clam Shack, 4 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2024-2025 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
Mechanical Amusement Device – Expires May 5th, 2025:
· Gilbert-Burton Post #4487/VFW- 52 Underwood Lane
(One Juke Box, One Pool Table and One Game)
· HPK, Inc./Tickets- 15 Aquidneck Avenue
(One Juke Box)
· Kempenaar Real Estate/Howard Johnson Motor Lodge- 351 West Main Road
(Four Games)
· S.C.S.JR. Restaurant Corp., Inc/Scotty’s Big Dawg’s Sports Pub – 823 West Main Road
(One Juke Box, One Pool Table and One Game)
· Shaw’s Supermarkets, Inc./Shaw’s #1442 - 72 East Main Road
(One Game)
· SK Industries, Inc./Rusty’s- 44 Wave Avenue
(One Juke Box, One Pool Table, One Game)
· Sonesta International Hotels Corporation/Sonesta Select Newport/Middletown – 9 Commerce Drive
(Three Games)
· The Pub at Two Mile Corner, Inc./ The Pub at Two Mile Corner- 10 Maple Ave
(One Juke Box, One Pool Table, Two Games)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
15. Application of Shelley O’Neill, Middletown for a Private Detective License for the 2024-2025 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
16. Application of HomeGoods, LLC dba HomeGoods #61, 288 East Main Road for a Holiday Sales License for the 2024-2025 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
17. Application of Golden Bev, LLC dba A Gold’s Wine and Spirits, 43 Aquidneck Avenue for a Sunday Selling License for the 2024-2025 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
18. Application of Woody’s Tavern, LLC dba Woodhooker’s Sports Tavern, 238 East Main Road for a Mechanical Amusement Device License for the 2024-2025 licensing year. (One Juke Box, One Pool Table and One Game) (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
19. Application of Michael Durrett, Jr. d/b/a Becky’s BBQ, 82 East Main Road for a Victualling License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Department of Health approvals.
20. Application of Freeboi Meat Market, Inc., 876 West Main Road for a Victualling License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Department of Health approvals.
21. Application for Special Event Permit from Bradley Hierholzer, Hagerty July 4th Fireworks & party at Peabody’s Beach, to be held on Thursday, July 4, 2024 from 6:00 pm to 10:00 pm. (Fireworks display at 9:00 pm)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
22. Communication of the Newport County YMCA “Sharks” Special Olympics Team, re: Requesting support for the Newport County YMCA Charity Golf Tournament by sponsoring one or two tee signs.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and sponsor a tee sign in the amount of $150.00 to be appropriated from the Council President’s Discretionary Fund.
23. An Ordinance of the Town of Middletown (Second Reading)
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
24. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III, Chapter 36, Entitled “Fee Schedule”, Section (E) Planning Department.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
25. Communication of Councillor Connerton, Sr., re: East Main Road Speed Limit Reduction.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Connerton reviewed the communication above.
Discussion centered around speed enforcement, infrastructure to force traffic to slow down on East Main Road and the storm drains on the road.
26. Proposed Town Policy 20 – Fertilizer and Pesticide Use Policy (Planning Board recommendation on file)
On motion of Vice President Welch, duly seconded to adopt said policy.
Town Planner Ronald Wolanski addressed the Council reviewing the following memorandum, entered here:
Discussion centered around the policy being enforceable, policy is encouraged (not an ordinance), educating the residents regarding the Fertilizer and Pesticide Use Policy and resources for soil testing.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said policy.
27. Memorandum of Town Administrator, re: Recommendation to Engage Crossman Engineering and Coastal Systems Research and Planning for Beach Erosion Study.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
28. Resolution of the Council, re: Award of Contract to Crossman Engineering and Coastal Systems Research and Planning for Beach Erosion Study.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #27.
Council President Rodrigues noted that beach erosion is an issue that is not going away.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
29. Memorandum of Finance Director, thru Town Administrator, re: Police Department Surplus Vehicles – 2015 Ford Explorer.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
30. Resolution of the Council, re: Police Department Surplus Vehicles – 2015 Ford Explorer.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Vice President Welch inquired why surplus requests are not on the consent calendar.
Town Administrator Shawn Brown noted that a few years ago the Council decided financial items were not to be placed on the consent calendar.
Discussion centered around the Council supporting placing surplus items on the Consent Calendar.
On motion of Vice President Welch, duly seconded, it was voted unanimously to place future surplus transactions on the Consent Calendar.
31. Memorandum of Finance Director, thru Town Administrator, re: Financial Report – Nine Months Ended March 31, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the following slide, entered here:
32. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
33. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Discussion centered around the number of abatements are due to the ten-year rule, why abatements are not placed on the consent calendar, prior years abatements were on the consent calendar and the Town Council supporting abatements being placed on the consent calendar.
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 that in the future tax abatements are to be placed on the consent calendar.
34. Email communication of John R. Mello, Chair, Roads and Utilities Advisory Committee, re: Confirmation of appointment of Marc Thayer, representing the Roads and Utilities Advisory Committee on the Comprehensive Community Plan Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and confirm the appointment of Marc Thayer, representing the Roads and Utilities Advisory Committee on the Comprehensive Community Plan Committee.
35. Appointment of three (3) members to the Bicycle and Pedestrian Advisory Committee, two (2) vacancies terms expiring March 2027 and one (1) vacancy, to complete a term expiring March 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Lauren Freitas, term expiring March 2027, appoint Bryan Joseph, term expiring March 2027 and appoint Matthew Judge, to complete a term expiring March 2025 to the Bicycle and Pedestrian Advisory Committee.
36. Appointment of one (1) member to the Outreach Committee, indefinite term.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Heather Strout to the Outreach Committee, indefinite term.
37. Appointment of one (1) member to the Pension Trust Fund Committee, term expiring February 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Lewis Lassow to the Pension Trust Fund Committee, term expiring February 2027.
38. Appointment of one (1) member to the Roads and Utilities Advisory Committee, resident member, term expiring March 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Paul Croce to the Roads and Utilities Advisory Committee, resident member, term expiring March 2027.
39. Appointment of one (1) member to the Zoning Board of Review, Second Alternate, for a term expiring April 2025. (Town Council Rule #33 requires new applicants to be interviewed)
On motion of Vice President Welch, duly seconded, it was voted unanimously to direct the Town Clerk to set up interviews for the Zoning Board of Review to be held on June 3, 2024, Regular Meeting of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:50 p.m.
________________________
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri