Mar. 18, 2024 - Regular Meeting

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 Christopher M. Logan

Councillor Emily M. Tessier

Councillor Barbara A. VonVillas, Members Present

Councillor Peter D. Connerton, Sr., Absent

Councillor Dennis B. Turano

POSTED MARCH 13, 2024

REGULAR MEETING MARCH  18, 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, March 18, 2024 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: 859 8294 1672  or on the web at https://us02web.zoom.us/j/85982941672

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 10 th edition (2000), together with whatever rules of order the Council has adopted for its own governance. The motion to reconsider is one of the motions that can bring a question again before an assembly, and is designed to bring back for further consideration a motion which has already been voted on:

If, in the same session that a motion has been voted on, but no later than the same day or the next day on which a business meeting is held, new information or a changed situation makes it appear that a different result might reflect the true will of the assembly, a member who voted with the prevailing side can, by moving to ** Reconsider** [RONR (10

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.

Town Council President Rodrigues requested a moment of Silence for Lawrence B. Kestler, a long time Middletown resident who served on the Personnel Board from August 2009 to December 2021.

1.    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.

No one spoke during this session.

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.

Town Administrator Shawn Brown reviewed the following:

Town Administrator Shawn Brown noted that the project is on time and on budget.  Mr. Brown also noted that the Project Consultants will provide an update to the Town Council when the contract for the Construction Manager is awarded.

3.    Approval of Minutes, re:  Regular Meeting, March 4, 2024.

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

4.    Memorandum of Finance Director, thru Town Administrator, re: Library Lease: Friends of the Middletown Public Library, Inc.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum, approve said Library Lease renewal through June 30, 2025 and authorize the Town Administrator to execute the MOU to allow the Middletown Public Library to operate the Friends Bookstore at the Middletown Public Library.

5.    Applications from the following named persons, firms and corporations for RENEWAL of Holiday Sales Licenses, for the 2024-2025 licensing year:

·         Aldi, Inc./ Aldi- 890 West Main Road

·         Aspire Dermatology, LLC/Aspire Dermatology- 102 Valley Road

·         AV Tech, Inc/Flint Audio Video- 77 East Main Road

·         Barnes & Noble Booksellers, Inc./Barnes & Noble Booksellers- 1311 West Main Road

·      BJ’s Wholesale Club, Inc./BJ’s Wholesale Club- 173 East Main Road

·      Broden Millworks, LLC/Broden Millworks and Supply- 185 Oliphant Lane

·         Cardi’s Department Stores, Inc./Cardi’s Furniture Mattresses- 1199 West Main Road

·         Colbea Enterprises, LLC/ Seasons Corner Market-  207 East Main Road

·         Colbea Enterprises, LLC/ West Main Shell- 1149 West Main Road

·         CoxCom LLC/Cox Communications- 882 West Main Road

·         Cumberland Farms, Inc./Cumberland Farms- 47 Aquidneck Avenue

·         GameStop #5581- 288 East Main Road

·         General Nutrition Corp #3551/General Nutrition Corporation- 1364A West Main Road

·         Island Carpet & Floors- 695 West Main Road

·         Island Elements- 86 Aquidneck Avenue

·         JJ Materials Corporation- 990 Aquidneck Avenue

·         Joe’s Kwik Mart, LLC/Joe’s Kwik Mart- 864 West Main Road

·         JT Releaf, LLC/Releaf Center- 1341 West Main Road

·         Keystone Novelties Distributor, LLC/Keystone Fireworks- 741 West Main Road

·         Keystone Novelties Distributor, LLC/Keystone Fireworks- 750 Aquidneck Avenue

·         Marshalls of MA, Inc/ Marshall’s Store #798- 288 East Main Road

·         Neon Marketplace Operating I, LLC/Neon Marketplace- 533 East Main Road

·         Newport Cryotherapy, LLC/Island Wellness- 102 West Main Road

·         Newport National Golf Club, Inc./Newport National Golf Club- 324 Mitchell’s Lane

·         Newport Vineyards & Winery, LLC – 909 East Main Road

·         Ocean State Jobbers, Inc./ Ocean State Job Lot- 282 East Main Road

·         PD Humphrey, Co., Inc./Beach Paint- 750 Aquidneck Avenue

·         PD Humphrey, Co., Inc./Humphrey’s Window and Door Design Gallery-8 Coddington Highway

·         Plumbers Supply- 305 Oliphant Lane

·         Saltwater Edge- 1315 West Main Road

·         Supply New England- 119 Oliphant Lane

·         The Color House, Inc/The Color House- 679 West Main Road

·         TPS Group Holdings, LLC/The Paper Store- 1313 West Main Road

·         Utility- 58 Aquidneck Avenue

·         Wamm, Inc./Anthony’s Seafood & Restaurant- 963 Aquidneck Avenue

·         Wickford Appliance- 1180 West Main Road

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

6.    Applications from the following named persons, firms and corporations for RENEWAL of Sunday Selling Licenses, for the 2024-2025 licensing year:

·         Andrew’s at Eastgate, LTD/ Gold’s Wine and Spirits- 1374 West Main Road

·         Aquidneck Package Store, Inc./Aquidneck Liquors – 15 East Main Road

·         Beach Liquors, LLC/ Beach Wine & Liquors- 43 Aquidneck Avenue

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

7.    Resolution of the Council, re:  Proclamation in Honor of Arbor Day.

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

8.    Application for a Special Event Permit from Newport Beach House for Lewis Wall Wedding Fireworks Display to be held on Saturday, April 13, 2024 – 10 pm fireworks display, to be held at Newport Beach House, 3 Aquidneck Avenue.

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

Council President Rodrigues noted that he would not support this request, explaining that it would set a bad precedence. Mr. Rodrigues also noted the property abuts residential homes.

Councillor Logan noted agreement with Council President Rodrigues, suggesting the applicant should have spoken to the abutters and the time for the fireworks is too late in the evening.

Mr. Lawrence requested the following email be included in the minutes:

On Mar 17, 2024 10:04 AM, Lawrence Frank lawrencefrankq@gmail.com wrote:

Item 8 for the March 18 town council meeting is a request for a Special Event Permit from the Newport Beach House for a Fireworks display on April 13 at 10pm.

I recall that in the past the town council has repeatedly made it clear that it would not permit fireworks at these events. (Sweet Berry farm comes to mind) Not allowing fireworks was part of discussions even when the application made no mention of fireworks.

The Newport Beach House abuts a residential neighborhood. If you were to grant this request it would set a precedent where any business in lower Aquidneck could demand the same permission, not to mention the Newport Beach House being able to promote itself as a venue  where fireworks were allowed. The last thing the residents of this area need is the prospect of fireworks being a regular invasion of their ability to enjoy the quiet enjoyment of their properties.

Lawrence Frank

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted to grant said Special Event Permit; All Councillors voted NO to said Motion; MOTION FAILED TO PASS.

9.    Application for a Special Event Permit from Middletown Cub Scout Pack 77 Freecycle for a Free yard sale drop off and shop for free to be held on Saturday, April 20, 2024 from 7:00 am to 12:00 pm at the Middletown Library side Parking Lot – “Pottsy Field”. (Applicant requests all fees to be waived)

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

10.   Application for a Special Event Permit from Elevate Fitness for Elevate Fitness Beach Boot Camp at Third Beach (Tuesdays and Thursdays) from Tuesday, May 28, 2024 to Thursday, August 29, 2024, from 6:30 am to 7:30 am.

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

11.   Application for Special Event Permit from Quahaug Chapter Newport RI for the Camp-O-Rama, to be held at Second Beach beginning Wednesday, September 11, 2024 through Sunday, September 15, 2024.

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

12.   Application for Special Event Permit from Amanda Sargisson, Bike to the Beach, Inc. for Bike to the Beach– New England 100 Mile charity bike ride from Boston, benefiting Autism service providers, to be held on Saturday, September 28, 2024 beginning at 9:00 am to 6:00 pm –  Route through Middletown (Various Town roadways, ending at Second Beach parking lot).

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

13.  Application for Special Event Permit from NewportFilm, Inc. for Outdoor Film Screening with Food Vendors and Live Music to be held on new date -  Thursday, July 25th, 2024 set up at noon, event from 5:00 pm to 11:00 pm at Second Beach Parking Lot, 315 Sachuest Point Road. (This permit was granted on March 4, 2024 for Thursday, July 11th, 2024, applicant has requested change of date to July 25, 2024)

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

14.  Memorandum of Town Clerk, re:  Applications for Renewal and New MFE Licenses for the 2024-2025 Licensing year.

Discussion centered around granting all the license renewals, granting the new license requests and increasing the truck limit from 10 to 12.

On motion of Vice President Welch, duly seconded, it was voted unanimously to increase the MFE Trucks from 10 to 12 and grant said licenses (New and Renewals) and direct the Town Solicitor to amend the ordinance to reflect the MFE Truck to 12.

15.  Public Hearing (Advertised)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV, Chapter 152, Zoning Code, Article 17 Low and Moderate Income Housing – Comprehensive Permit. (Planning Board recommendation on file.)

Public Hearing was declared open.

Town Planner Ronald Wolanski reviewed the following memorandum, entered here:

Mr. Wolanski noted that the ordinance brings the Town into compliance with RI General Laws.

Town Solicitor Peter B. Regan addressed the Council explaining the change is mandatory to bring the Town ordinance into compliance with State Law.  Mr. Regan explained that there are projects the changes apply to in the pipeline.

There being no other persons present or on zoom desiring to be heard, public hearing remains open.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.

On motion of Vice President Welch, duly seconded, it was voted unanimously to continue items #16 through #17 until the budget meetings.

16.  Memorandum of Finance Director, thru Town Administrator, re:  Beach Seasonal Permit Fee.

17.  An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 36 Fee Schedule, (D) Parks and Recreation, (1) Beach Parking Fees.

18.  Communication of Vanessa Ellermann, Chair, Middletown Democratic Town Committee, re: Town Charter Amendment Request.

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

Vanessa Ellermann, Middletown, addressed the Council reviewing the memorandum above. Ms. Ellermann reviewed the number of candidates since 2014, when the Town had changed to non-partisan elections. Vanessa Ellermann noted that except for the 2020 election, non-partisan elections discourage people from getting involved in Town government.

Council President Rodrigues noted that he did not support non-partisan elections. Mr. Rodrigues explained that people vote for the candidate, not the party. Council President Rodrigues supports the choice for the voters to decide if elections should be partisan or non-partisan.

Antone Viveiros, Middletown, addressed the Council suggesting that the question of non-partisan elections should be reviewed by a Charter Review Committee before going to the voters. Mr. Viveiros also suggested term limits for Town Council and School Committee seats.

Chris Semonelli, Middletown, addressed the Council noting there is no room for partisan decisions or excluding potential candidates such as Federal Employees.

Senator Louis P. DiPalma, Middletown, addressed the Council in support of the question going on the ballot.  Senator DiPalma reviewed the candidates since 2014, noting that participation has not increased since the charter change. Senator Louis P. DiPalma requests the Council to set a public hearing date for the proposed charter change.

Andy Andrade, Middletown, addressed the Council in support of the question noting that in 2014 he did not support non-partisan elections.  Mr. Andrade explained that partisan elections help with recruiting candidates and assisting them to run for office. Andy Andrade noted that once the election is over, whoever gets on the Council works together in the best interest of the Town. Mr. Andrade requests the Council to let the voters decide.

Michael Kehew, Middletown, addressed the Council explaining that partisan elections will not change Council decisions. Mr. Kehew noted that partisan elections help recruit candidates and the need to educate people on why partisan elections are good.

Robert Silva, Middletown, addressed the Council explaining no matter which party was in control, the Town was well served. Mr. Silva suggests letting the voters decide. Robert Silva explained that partisan elections will improve the quality and quantity of candidates.

Charlie Vaillancourt, Middletown, addressed the Council in support of changing to partisan elections, there are good checks and balances between parties.  Mr. Vaillancourt noted that everything that was stated prior was accurate and fair.

Antone Viveiros, Middletown, addressed the Council noting that if the Town goes back to partisan elections, it would the Hatch Act which will prevent military people from running for office.

Discussion centered around Councillor Tessier noting her support, the need for recruitment of candidates, the need for younger candidates, support for people running for office, educating the residents regarding partisan elections, concern that the ugliness of the national politics scene will hurt local elections, the last charter review was in 2018, putting the question before the voters, in the past 10 years there has been no Military candidates running for office, it is easier to get involved in politics when you have a support system and the next step for the proposed charter question.

Vice President Welch noted the following:

If the Council votes to move forward with this request, a public hearing will have to be scheduled. After the public hearing, if the Council still wants to move forward, the solicitor will have to put the question in proper form.  Once the question is in proper form, the Council will pass a resolution authorizing the question to be placed on the November ballot. The Board of Canvassers must have a meeting to approve the question and sign off on the submission to the Secretary of State. The question will have to be delivered to the Secretary of State by the beginning of August to be included on the November ballot.

On motion of Vice President Welch, duly seconded, it was voted unanimously to have the Master Clerk schedule a public hearing to discuss a charter change to partisan elections.

19.  Communication of Donald A. Fox, President, Burrillville Town Council, re:  Forming a coalition to develop a joint resolution to address School Funding Formula.

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

20.  Memorandum of Finance Director, thru Town Administrator, re:  Hazardous Building Materials Inspection, Testing, Design & Abatement/Remediation Monitoring Services.

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

Town Administrator Shawn Brown reviewed the memorandum above.

Discussion centered around that this is not an addition for the School Bond project, this is part of the budget and is a RIDE requirement.

21.  Resolution of the Council, re:  Approve the recommendation of Environmental Consulting Management (EMC), Funding source for the proposal and authorizing the Town Administrator to execute an agreement on behalf of the Town of Middletown.

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 withdraw items #22 through #25, at the request of the Town Administrator.

22.  Memorandum of Finance Director, thru Town Administrator, re:  Equipment Purchase:  Public Works Kubota Track Loader and Stump Ginder.

23.  Resolution of the Council, re:  Equipment Purchase:  Public Works Kubota Track Loader and Stump Ginder and authorize the Finance Director to execute the purchase.

24.  Memorandum of Finance Director, thru Town Administrator, re:  Equipment Purchase:  Public Works Litter Vacuum.

25.  Resolution of the Council, re:  Equipment Purchase:  Public Works Litter Vacuum

and authorize the Finance Director to execute the purchase.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:46 p.m.

_________

Wendy J.W. Marshall, MMC

Council Clerk

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