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 Tuesday, September 3, 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 5:15 p.m.
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
POSTED AUGUST 28, 2024
REGULAR MEETING SEPTEMBER 3, 2024
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, September 3 2024, 5:00 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: 850 4056 1327 or on the web at https://us02web.zoom.us/j/85040561327
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.
RECONSIDERATION
The Middletown Town Council follows the codification of present-day general parliamentary law as articulated in Robert’s Rules of Order Newly Revised 10th edition (2000), together with whatever rules of order the Council has adopted for its own governance. The motion to reconsider is one of the motions that can bring a question again before an assembly, and is designed to bring back for further consideration a motion which has already been voted on:
If, in the same session that a motion has been voted on, but no later than the same day or the next day on which a business meeting is held, new information or a changed situation makes it appear that a different result might reflect the true will of the assembly, a member who voted with the prevailing side can, by moving to Reconsider [RONR (10th ed.), p. 304-321] the vote,
propose that the question shall come before the assembly again as if it had not previously been considered. (From Robert’s Rules of Order Newly Revised In Brief, Robert, Evans et al., De Capo Press, 2004)
There were no reconsiderations.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), 2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (2) Litigation (PUC Docket No. 22-42-NG – Old Mill Lane), (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition and (5) Land Acquisition (West Main Road), (2) Collective Bargaining (FOP), and (1) Personnel (Town Administrator) - 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 5:03 p.m.
Vice President Welch noted that Town Administrator Shawn Brown 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 executive session and reconvene in open session at 6:35 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve consulting agreement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said claim and forward it to the RI Interlocal Trust.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said claim and forward it to the RI Interlocal Trust.
On motion of Vice President Welch, duly seconded, to authorize the Town Administrator to send correspondence to DOT regarding Aquidneck Avenue; Vice President Welch voted NO to said motion.
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 Johnny Gomes, Sr.,
Former Coach Arthur Bell and Joseph “Sarge” Rodrigues and their families.
2. Citation of the Council, re: Middletown Patrol Officer Brendan Behan for being designated and awarded as CIT First Responder of the Year for the East Bay, RI area.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Police Chief Pesare introduced Middletown Patrol Officer Brendan Behan, noting that Officer Behan has the ability to de-escalate situations and people respond well to Officer Behan.
Council President Rodrigues and Vice President Welch presented Patrol Officer Behan with a citation and a Town Tile.
3. Communication of Chief Pesare, re: Recognition of Mr. Ronald Kobayashi for his service to the community.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Police Chief Pesare introduced Mr. Ronald Kobayashi and commended him for his community service to the Town. Mr. Pesare presented Mr. Kobayashi with a plaque, a reflective jacket and vest.
Council President Rodrigues and Councillor Turano presented Mr. Kobayashi with a Town Tile and Town Clock. Councillor Turano also presented Ronald Kobashi with a Woodsy Owl poster and t-shirt.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to approve a free Pay-As-You Thow sticker for Mr. Ronald Kobayashi for the rest of his life.
4. Citation of the Council, re: Mr. Ronald Kobayashi for his service to the community.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
5. The Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said Town Projects update.
Town Administrator Shawn Brown reviewed the tax appeal process and deadlines.
Discussion centered around the forms to appeal taxes are in the Tax Assessor’s Office and will be on the Town website, the resident form which allows residents to have a decrease in their tax rate, the tax revaluation process by Vision Appraisal and educating the public regarding their tax rates and assessment.
Chief Pesare reviewed the following Coyote information, entered here:
6. 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:
7. 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.
Lynne Tungett, Newport This Week, addressed the Council reviewing following:
Antone Viveiros, Middletown, addressed the Council inquiring what the status of the elevator repair at Town Hall.
Town Administrator Shawn Brown explained that a piston in the elevator broke, the parts are in for the repair. Mr. Brown noted the residents and public have been accommodated when needing to visit offices on the second floor.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
8. (Advertised for Public Hearing)
Application of Golden Bev, LLC dba A Gold’s Wine and Spirits, 43 Aquidneck Avenue, holder of a Class A Alcoholic Beverage License to TRANSFER LOCATION of said license to 1374 West Main Road and change DBA to West Main Road Liquors, for the 2023-2024 licensing year.
Public Hearing was declared open.
Councillor Turano noted that he supports the license transfer of location.
There being no other persons present 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Turano requested that items #14, #15, #16 and #17 be heard under the regular portion of the agenda.
9. Approval of Minutes, re: Special Meeting, July 30, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
10. Approval of Minutes, re: Regular Meeting, August 5, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
11. Approval of Minutes, re: Special Meeting, August 14, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
12. Memorandum of Finance Director, thru Town Administrator, re: Building Department Surplus Vehicles – Two 2008 Ford Focus.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
13. Resolution of the Council, re: Building Department Surplus Vehicles – Two 2008 Ford Focus – Vehicles to be salvaged by the Finance Director.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
14. Memorandum of Planning Board Chair, re: 2023 RI General Assembly Session – Zoning Ordinance Amendments to Procedures. (Council action – Order advertised for a future public hearing)
On motion of Vice President Welch, duly seconded, to receive said memorandum and advertise for a future public hearing.
Councillor Turano requested that Town Planner Ronald Wolanski explain the proposed amendment.
Town Planner Ronald Wolanski reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.
15. Memorandum of Planning Board Chair, re: 2024 RI General Assembly Session – Zoning Ordinance Amendment Regarding Definition of Household. (Council action – Order advertised for a future public hearing)
On motion of Vice President Welch, duly seconded, to receive said memorandum and advertise for a future public hearing.
Councillor Turano requested that Town Planner Ronald Wolanski explain the proposed amendment.
Town Planner Ronald Wolanski reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.
16. Memorandum of Planning Board Chair, re: 2024 RI General Assembly Session – Zoning Ordinance Amendments Regarding Accessory Dwelling Units (ADU). (Council action – Order advertised for a future public hearing)
On motion of Vice President Welch, duly seconded, to receive said memorandum and advertise for a future public hearing.
Councillor Turano requested that Town Planner Ronald Wolanski explain the proposed amendment.
Town Planner Ronald Wolanski reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.
17. Memorandum of Planning Board Chair, re: Planning Board Recommendation – Zoning Ordinance Amendments for Short-term Rentals. (Council action – Order advertised for a future public hearing)
On motion of Vice President Welch, duly seconded, to receive said memorandum and advertise for a future public hearing.
Councillor Turano requested that Town Planner Ronald Wolanski explain the proposed amendment.
Town Planner Ronald Wolanski reviewed the memorandum above.
Councillor Turano noted that he has received a letter from the Ethics Commission stating that he can participate in discussions regarding Short-Term Rentals. Mr. Turano suggests this proposed amendment be sent back to the Planning Board and be voted on again, so that the Planning Board is clear on what they are voting for.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to receive said memorandum and advertise for a future public hearing; Councillor Turano voted NO to said motion.
18. Email communication of Ella Davila Auchincloss, Chair, Conexion Latina Newport Board, re: Request for support.
On motion of Vice President Welch, duly seconded, to receive said communication, authorize and approve a donation in the amount of $250.00 to be appropriated from the Council President’s Discretionary Fund.
Yolanda Macias, representing Conexion Latina Newport, addressed the Council reviewing the Latin Festival Event, entered here:
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication, authorize and approve a donation in the amount of $250.00 to be appropriated from the Council President’s Discretionary Fund.
19. Memorandum of Melissa Welch, Middletown, re: Request Approval of Drain-Marking Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Melissa Welch, Middletown, reviewed the memorandum above.
Discussion centered around authorizing the Drain-Marking project to begin.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:10 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene said meeting at 8:18 p.m.
20. Memorandum of Councillor VonVillas, re: Housing Issues.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor VonVillas reviewed the memorandum above. Ms. VonVillas also noted the following:
Unless we want to cede Middletown to a tourist economy and those with special interests, our goal should be to make Middletown more affordable for our families - and that concept should make housing our biggest priority.
Times have changed economically. But to maintain our Town’s character, we have to focus on the residents - their challenges as well as their strengths - and find ways to help them to thrive.
Most people are not born into wealth. They start from scratch and make good choices, and many are helped along the way.
My first independent home was a trailer - not a mobile home - a trailer. Later, as children came along, it was public housing at $68 a month rent which was equal to one week’s salary for the household.
There were children to feed and often there wasn’t enough money to get through the week so that I had to borrow a dollar from my mother to buy milk before the next paycheck - milk and gas were 99 cents then.
After a few years, the possibility of home ownership came into view, and we were lucky enough to have a family member who supplied the down payment. That was my foundation but - without that basic help - I would not be as fortunate as I am today.
I share this with you because I want you to understand that most of those at the beginning of the journey are willing to work. They just need a little assistance - and a town that is willing to invest in them for the future.
Attached to the docket is a report that is dated February 15, 2024.
The report provides information about the Town that I believe the residents should be familiar with in order to understand ongoing municipal actions as they relate to family housing in Middletown.
The most important data, in my opinion, is the following:
The makeup of the population influences the housing needs.
Middletown is becoming more diverse
There are fewer children and more senior households
The population is getting older.
There are 7,383 households in Middletown
53% of them are very low to middle low-income households
47% of them are middle to high income households
Middletown is home to more jobs than workers
This suggests that workers, especially young workers, can’t afford to live here
The state affordable housing target is 10% Middletown is at 4.8%
The report recommended the following
1. Develop a community-based housing vision and goals
2. Finalize the housing gap analysis
3. Identify affordable housing strategies and opportunities
4. Create a Housing Element outline
The result was developed by the consultant in a draft report, which was built on the data I have just referenced.
In order to give the report, the widest audience.
On motion of Councillor VonVillas, duly seconded, the consultant be invited to present the final report and its recommendations to the Town Council at its next meeting.
Discussion centered around the Council supporting that the consultants giving a presentation to the Town Council and the housing issue is being addressed at the Comprehensive Community Plan Committee level at this time.
A vote was taken.
On motion of Councillor VonVillas, duly seconded, it was voted unanimously that the consultant be invited to present the final report and its recommendations to the Town Council at its next meeting.
21. Communication of Council President and Councillor Logan, re: Discussion to have our Town Solicitor explore an ordinance where any Middletown taxpayer who rents their rental property year-round, pay the full-time resident tax rate.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Council President reviewed the memorandum above.
Councillor Logan noted that changing the ordinance for year-round rentals to pay resident tax rates is a good start, but does not solve the problem.
Discussion centered around the number of residents with second homes, Councillor Tessier noted she fully supports this proposal, there may be a negative impact to this ordinance for people renting to Salve students and War College rentals and Councillor Turano suggests repealing the tiered tax ordinance.
Leon Amarant, Middletown, addressed the Council noting he is glad this is being considered, but feels that it is too late since the tax bills have been issued. Mr. Amarant inquired why no one questioned the idea during the budget process.
Council President Rodrigues explained that the Council was trying to protect the full-time residents.
On motion of Councillor Logan, duly seconded, it was voted unanimously to direct the Town Solicitor to prepare a draft ordinance relating to property tax relief for year-round rentals.
22. Communication of Council President Rodrigues and Councillor VonVillas, re: Recommendation to Amend Ordinance Allowing Issuance of Second Residential Seasonal Beach Pass.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Council President Rodrigues reviewed the memorandum above.
Councillor VonVillas noted this is an advantage for residents to provide a second sticker.
Discussion centered around sending this communication to the Beach Commission for review and recommendation and if the impact on beach sticker revenues.
On motion of Councillor Logan, duly seconded, it was voted unanimously to forward this proposal to the Beach Commission for review and recommendation of issuing an additional beach sticker to residents for the cost of one.
23. Memorandum of Finance Director, thru Town Administrator, re: Paving and Utility Repairs.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
24. Resolution of the Council, re: Award of Contract to East Coast Construction and Landscaping for Paving and Utility Repairs and authorizing the Finance Director to execute the contract on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Public Works Director Robert Hanley reviewed the following:
Councillor Tessier inquired about the Complete Street Ordinance.
Assistant Town Solicitor Michael Monti noted he will provide an update on the Complete Street Ordinance.
Finance Director Marc Tanguay reviewed the following:
Enter memo
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
25. Memorandum of Director, Middletown Prevention Coalition, re: Strategic Prevention Framework-Partnership for Success Grant Submission and Hiring a Grant Writer.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Middletown Prevention Coalition Director Lori Verderosa reviewed the memorandum above.
Discussion centered around if the total grant monies are split between several communities, the entire amount of grant monies would come to the Town, the grant would fund programs and personnel costs and the grant is due February 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize submission of the Strategic Prevention Framework-Partnership for Success Grant and hire a grant writer.
26. Appointment of one (1) member to the Affordable Housing Committee, indefinite term.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Lawrence Frank to the Affordable Housing Committee for an indefinite term.
27. Appointment of one (1) member to the Conservation Commission, term expiring July 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Bryan Hoffman to the Conservation Commission for a term expiring July 2027.
28. Appointment of three (3) members to the Library Board of Trustees, terms expiring September 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Dr. William R. Jones, reappoint Sarah Mullen and appoint Anthony Ciulla to the Library Board of Trustees, terms expiring September 2027.
29. Appointment of one (1) member to the Middletown Prevention Coalition, health care sector, to complete a term expiring April 2026.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Marlene Davis to the Middletown Prevention Coalition, health care sector, term expiring April 2026.
30. Appointment of one (1) member to the Tax Assessment Review Board, Bi-Partisan Board, Democrat or Republican Representative, term expiring October 2027.
Vice President Welch nominated Manuel Marques, which was duly seconded.
Councillor Turano nominated Mike Flynn, which was duly seconded.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to reappoint Manuel Marques to the Tax Assessment Review Board, term expiring October 2027; Councillor Turano voted NO to said motion.
31. Appointment of seven (7) members to the Tax Exploration Committee, terms to be determined.
On motion of Councillor Turano, duly seconded, it was voted to appoint Leonidas Amarant to the Tax Exploration Committee; Councillor Logan and Councillor VonVillas voted NO to said motion.
The consensus of the Council was for the Clerk to read the remaining applicants names and have the Council provide vote by show of hand; the Clerk would then tally the votes for each applicant. The top six vote getters would fill the remaining seats on the committee.
Council President Rodrigues voted for Lawrence Frank, Jeffrey Lemler, Shannon Marshall, Donald Morin, Matthew Sullivan and Leonard (Walt) Wildemann.
Vice President Welch voted for Lawrence Frank, Jeffrey Lemler, Shannon Marshall, Donald Morin, Matthew Sullivan and Leonard (Walt) Wildemann.
Councillor Connerton voted for Lawrence Frank, Jeffrey Lemler, Shannon Marshall, Donald Morin, Matthew Sullivan and Leonard (Walt) Wildemann.
Councillor Logan voted for Terri Flynn, Bryan Hoffman, Jeffrey Lemler, Sannon Marshall, Donald Morin, Matthew Sullivan and Leonard (Walt) Wildemann.
Councillor Tessier voted for Lawrence Frank, Shannon Marshall, Donald Morin, Matthew Sullivan and Leonard (Walt) Wildemann.
Councillor Turano voted for Terri Flynn, Bryan Hoffman, Shannon Marshall, Donald Morin, Antone Viveiros and Leonard (Walt) Wildemann.
Councillor VonVillas voted for Lawrence Frank, Jeffrey Lemler, Shannon Marshall, Donald Morin, Matthew Sullivan and Leonard (Walt) Wildemann.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Lawrence Frank, Jeffrey Lemler, Shannon Marshall, Donald Morin, Matthew Sullivan and Leonard (Walt) Wildemann.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:38 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri