CouncilNotes
Minutes

Jun. 3, 2024 - Regular Meeting

Middletown

Minutes · June 3, 2024

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 Dennis B. Turano

Councillor Barbara A. VonVillas, Members Present

Councillor Emily M. Tessier, Absent

POSTED MAY 29, 2024

REGULAR MEETING JUNE 3, 2024

TOWN COUNCIL OF THE TOWN OF MIDDLETOWN, RHODE ISLAND

The following items of business, having been filed with the Town Clerk under the Rules of the Council, will come before the Council at a regular meeting to be held on Monday, June 3, 2024, 5:00 P.M. Executive Session, 6:00 P.M. Zoning Board Interview 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:  852 8643 8937   or on the web at https://us02web.zoom.us/j/85286438937

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.

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), (2) Potential Litigation (Town of Middletown v. Oxbow Realty Associates, L.P., C.A. No.:  NC2022-0292 (Newport Superior Court).  - review, discussion and/or potential action and/or vote in executive session and/or open session.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:02 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.

2.    Zoning  Board Interview

·         Robert Maiale

Zoning Board Interview Questions:

·         Why do you want to be on the Zoning Board?

·         What experience do you have that would qualify you to be a member of the Zoning Board?

·         What useful knowledge or perspective from your own personal experience would you bring to the position?

·         What do you think is the most important responsibility of a Zoning Board member?

·         What would you like Middletown to look like 5 years from now?

·         What do you believe is Middletown’s most important land use issue and how should it be addressed?

·         What ideas or suggestions do you have regarding economic development in Middletown?

·         Regular Zoning Board meetings typically take place the 4th Tuesday of each month, starting at 6 P.M., and Special meetings are called on an as needed basis. Are you available to attend them?

Mr. Robert Maiale withdrew his application.

3.    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 following:

To:      Members of Middletown Town Council

From:           Shawn J. Brown, Town Administrator

Date:  June 3, 2024

Re:      Town Business Updates

________

Affordable Housing:

  • Pennrose application for tax credits (Berkeley/Oliphant project) was not approved.  Meeting with Pennrose in the upcoming week to identify strategies for improving the application for resubmission in the next application cycle.
  • Finalizing a minor subdivision application to the Planning Department related to the development of 351, 361 & 393 East Main Road.
  • Affordable Housing Committee scheduled to meet on June 6th

ARPA Money/Projects:  Spending is being executed in accordance with the plan approved by the Town Council.  The School Department must return to the Town Council in late summer/early fall about potential funding for the Beyond the Bell program.

Build-Out Study Recommendations:

  • The Nutrient Control Policy has been adopted by the Town Council.
  • Seeking funding for the GEA/Berkley/Paradise roundabout.

FY2025 Budget:  The School Department must revise and adopt their final budget by

June 28th.

Learn365:  The Town’s submitted an application for $269K (inclusive of attendance coordinator, Beyond the Bell, and youth council) of funding and should hear back from the State within the next few weeks.

Middletown Center:  The Town and developer continue to negotiate the terms contained in the proposed land lease.  Survey work continues.  Discussions to transfer Navy owned land to the Town continue.

Middletown Outreach:

  • First-year participants in the leadership group were recognized last week.
  • Closing out FY24, and opening FY25 civic appropriations
  • Organizing the summer Music in the Park concert series

Pickleball Courts:  The Town’s application for grant funding was not approved.  The grant was oversubscribed.  I believe the John Clarke Park remains the preferred location for this activity.

Roads:

  • The Town has received and is using the pothole repair apparatus.
  • The Town has received and is using the crack repair apparatus.
  • The Town will solicit bids for road repaving within the next two weeks.
  • Authorization to proceed to the next phase of Purgatory sidewalks will be brought forward at one of the upcoming meetings.
  • Authorization to proceed to the next phase of the lower-Aquidneck infrastructure improvements project will be brought forward at one of the upcoming meetings.

Short-Term Rentals:  The sub-committee has been meeting and has tentatively scheduled its next meeting on June 11th.

Tax Reform:  The Town Council is forming a committee to gather information and make recommendations.

Town/School Consolidation:

  • The Town Finance Office will assume the primary responsibility for accounting & reporting functions on July 1st.
  • We plan to have an aggressive discussion to consolidate the facilities’ function in the upcoming weeks.

No updates:

  • Bond – Infrastructure Repair
  • Community Center
  • IT Department Update
  • Marijuana Legalization
  • Revaluation
  • Water Issues/Maidford River Project

Promoted to a standalone docket item:  School Building Committee

4.    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:

Mr. Brown noted the school project is on time and on budget.

Terri Flynn, Middletown, read the following into the record and reviewed attached handout.

Thank you, Mr. President and Town Council. My name is Terri Flynn. My address is 34 Warren Ave

At Council’s May 6th meeting, Mr. Brown insisted that the school building project was the same since April 2023.  At Council’s May 20 meeting, I provided evidence that showed, for at least 4 months: May through August 2023, the project publicized to the citizens and voters showed that the $190M bond would not include either of the elementary schools.  I am here tonight on this same issue and to correct another statement made by Mr. Brown on May 6th.

In Mr. Brown’s May 6 presentation, he showed a PowerPoint slide of a page of information that I, myself, had provided to Council.  Mr. Brown took issue with the sentence that is highlighted. If you look on the backside of your copy, the paragraph has been enlarged so it is easier for you to read.   I am taking issue with the fact that the May 6th PowerPoint slide presented to Council by Mr. Brown, was given to Council on April 15th, as part of a packet that was three pages.

I have again provided this packet to Council.  You will see the PowerPoint slide is actually “PAGE 2” of the packet.   On the front page, “PAGE 2” is clearly referenced in the top left.  Mr. Brown showed you “PAGE 2” and took issue that I elected not to highlight the verbiage that, “does talk about the fact that we are consolidating the elementary schools at the high school, and that there are district-wide improvements that are part of the project.”

It is important to note that the columns depicted on “PAGE 1” of the packet are each a snapshot in time. The first column shows the school building project plan, throughout most of 2023 and up through Sept 15, was publicized as:  $170M for a new middle/high school, shown in blue, and $20M of renovations at the current high school for Administration, Maintenance, and Grades 4 and 5, with no renovations to the two elementary schools, which were to combine in the future.

Therefore, the verbiage on “PAGE 2,” regarding consolidation and elementary education enhancements, was due solely to moving the 4th and 5th elementary grade students from Gaudet to Middletown High School.  The point of referencing “PAGE 2,” and the specific line that was highlighted, was not to emphasize the plan, but to emphasize, at that moment in time, the $190M bond would not include either of the elementary schools because, as I showed on May 20th: “Redoing all schools is out of reach,” “due to funding limitations, there’s only so much a community can take on at one time,” and “...Hilltop Securities – have said [redoing all the schools at once is] not possible due to limits on the town’s borrowing capacity.”

Mr. Brown took the one page out of the context of the three pages and also stated to the Council on May 6th, “This is the page that Mrs. Flynn gave you at the last meeting.  Again, she elects to highlight the last sentence and not the prior sentence, which is in itself is misleading." I am here to point out that for Mr. Brown to present one page, out of context, from a three-page packet, is also,  “in itself misleading.”

My goal tonight is to point out that for Mr. Brown to present one page, out of context, from a three-page packet, is also misleading. Did not mean to reiterate that, but it stands to reason. I want the Council to  recognize that evidences presented, in the packet on April 15 and Attachment [1] on May 20, show that the project has changed since April 2023, and now that fact has been evidenced...twice.   It would be inaccurate, if not blatant disinformation, to state otherwise; and it would reflect poorly on the Town to do so.

Thank you for the time this evening.

Council President Rodrigues noted the good news that RIDE has approved full funding for the school building project and the Town received a AA1 rating from Moody’s.

5.    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.

Matthew Christy, Middletown, addressed the Town Council expressing concern that some of his neighbors’ properties need to be cleaned up.

Town Administrator Shawn Brown is working with the zoning staff on the property situation in Mr. Christy’s neighborhood.

Antone Viveiros, 45 Bay View Park, Middletown, reviewed the following article, entered here:

Newport Daily News, The (RI)

July 18, 2018

Tax-reform plan in Middletown to get review by third party

By Matt Sheley

Article Text:

MIDDLETOWN — A plan to change the way the town taxes its property owners is getting an independent review.

The Town Council recently approved a $19,500 contract for the Rhode Island Public Expenditure Council to take a look at the proposal.

The work by the Providence-based nonprofit is expected to be completed in September. As part of the effort, RIPEC will crunch the numbers and see if the community can generate as many dollars today using the traditional taxing method.

Councilmen Dennis Turano and Antone Viveiros, who led the formulation of the tax-reform proposal, said they're looking forward to seeing what RIPEC comes up with, but they have no doubt their figures work.

The pair said with the help of a group of about two dozen volunteers, they were able to collect more than 1,200 signatures on a petition to try to get a binding question on the Nov. 6 ballot asking voters what they think about switching the town's taxing system.

They said if the plan wins approval from the council, General Assembly and voters in Middletown, it would be the only taxation system of its kind in Rhode Island.

"Everywhere you go, all you hear people talking about is taxes, taxes, taxes," Turano said. "The system we have now is forcing a lot of people from their homes and the one we want to implement, it wouldn't matter what's happening at your neighbor's house, only what the town is spending."

Concerned about the equity and impact of the town's tax system, Turano and Viveiros have been working with the Middletown Tax Exploratory Subcommittee since May 2016 to see if there's a way to do it better. They said too often the budgets of older residents and young families are being broken because of the tax burden in town.

Under their model, the town would discard the traditional system employed across the state where the market value of a home or property determines the taxes on it. Instead, the proposal would lock in the assessment of a property at the Dec. 31, 2017, value unless it were sold to a new owner.

Any subsequent tax increase would be based upon that locked-in assessment. That means if the council approved a 1 percent tax increase, it would be a 1 percent dollar increase for everyone.

Under the current market-rate system, some see their taxes increase while others' go down even if the town does not approve any new spending.

Should a property be sold or transferred to a different owner, Viveiros and Turano said their proposal would mandate the site be reassessed and taxes would be based upon that new value.

The proposal also would set a 2 percent cap on all annual tax increases unless voters OK a request from the council for more money.

After some changes were approved by the council, the proposal was sent to the General Assembly in late April. There it ran into an obstacle when legislators agreed more study is needed, particularly on the financial impact of the proposed move — something noted in a prior RIPEC letter.

Turano, Viveiros and the group of volunteers then circulated the petition at area grocery stores, Sachuest Beach and other public locations.

When they began the process, they said they needed about 1,050 signatures. At this point, they said the town was in the process of verifying the signatures.

The next step is to get the petition before the council again and then to the state in early August so it could get on the Election Day ballot.

Viveiros told The Daily News this week whether that would happen was still unclear. That was especially true after questions arose about whether approval of the ballot question could hurt the town's bond rating, he said.

He said the council also needs to pass a resolution soon to address potential issues not covered by the petition. Those include an established process for the town to exceed the 2 percent tax cap if necessary.

"There were some things that the petition doesn't address, like what happens if we have an emergency and need money and have to go over the cap," Viveiros said. "It's one of those situations where we have one opportunity to do this and we want to do this right, so I want to apologize to all the volunteers and people who took time with the petition if we're not able to get it where we want it to be by the election. This is too important."

Mr. Viveiros also noted the need for a change in the tax assessment process.

On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.

6.    (Advertised; Abutters notified)

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)

Public Hearing was declared open.

Attorney David Martland was present representing the applicant to answer Council inquiries.

There being no person 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.

7.    Application of The Homemade Factory, Inc dba The Homemade Factory, 747 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, notify abutters and advertise for a public hearing to be held on Monday, June 17, 2024.

On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.

8.    Approval of Minutes, re:  Special Meeting, April 27, 2024.

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

9.    Approval of Minutes, re:  Regular Meeting, May 6, 2024.

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

10.  Application of T-Mobile Northeast, LLC dba T-Mobile, 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.

11.  Application of Radish Patch, LLC dba Pasta Vino, 694 Aquidneck Avenue, for a Victualling House 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 Board of Health Approvals.

Town Administrator Shawn Brown recused himself from item #12, due to a possible conflict of interest.

12.  Application for Special Event Permit from Aquidneck Pediatrics, Aquidneck Pediatrics Field Day at 1272 West Main Road, to be held on Saturday, June 22, 2024 from 10:00 am to 3:00 pm.  (Applicant requests permit fees to be waived)

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

13.   Application for Special Event Permit from East Bay Community Action Program for Molar Express, Dental visits for children 2-21, free care for uninsured to be held Tuesday, July 9th, Monday, July 15th,Tuesday, July 16th, Wednesday, July 17th, Thursday, July 25th, and Tuesday, July 30th, 2024 from 8:00 am to 5:00 pm at Linden Park.  (Applicant requests permit fees to be waived)

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

14.  Email communication of Kevin Lendrum, MHS Boys’ Basketball Coach, re: Requesting support for the Summer Basketball League.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and appropriate $625.00 from the Council President’s Discretionary Fund for the Middletown High School Basketball Summer League.

15.  Communication of Cheryl G. Robinson, President of Turning Around Ministries, Inc., re: Request for support by placing an ad in the Souvenir Book or making a contribution to TAM.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and place a ½ page ad in the TAM Souvenir Booklet ($75.00) to be appropriated from the Council President’s Discretionary Fund.

16.  Communication of Robert Upham, re:  Sidewalks on Rogers Lane, Barton Place and Jean Street.

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

17.  At the request of Council President Rodrigues, re:  Discussion of Town Council Summer Schedule - Regular Meetings are Monday, June 17, 2024, Monday, July 1, 2024, Monday, July 15, 2024, Monday, August 5, 2024, and Monday, August 19, 2024.

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

Discussion centered around whether to decrease the summer Council meeting schedule.

On motion of Vice President Welch, duly seconded, it was voted unanimously to set the summer schedule as follows:

Monday, June 17, 2024

Monday, July 1, 2024

Monday, July 15, 2024

Monday, August 5, 2024

18.  Memorandum of Major Jason Ryan, re:  Automated Speed Enforcement System.

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

19.  Resolution of the Council, re:  Entering into an agreement with Blue Line Solutions and authorizing the Finance Director to execute agreements on behalf of the Town.

On motion of Vice President Welch, duly seconded, to pass said resolution, subject to the Town Solicitor’s final review of the agreement.

Antone Viveiros, Middletown, addressed the Council in support of the Automated Speed Enforcement System for the School Zones.  Mr. Viveiros also requests that other intersections in the Town be included in the contract, so that there may be cost savings for the Town.

Town Solicitor Peter B. Regan explained that State Roads require authorization from the RI Department of Transportation to install cameras.

Lt. David Bissonette, Middletown Police Department explained that the state requires a permit for each camera that will be installed on a State road. Lt. Bissonette noted the cameras for the intersections are red light cameras, not speed cameras.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution, subject to the Town Solicitor’s final review of the agreement.

20.  Communication of Accounting Manager, re:  FY2024 Quarterly Tax Collector’s Report as of 03/31/2024 – Town of Middletown.

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

Finance Director Marc Tanguay reviewed the following:

Council President Rodrigues inquired how the Tax Sale process works.

Finance Director Marc Tanguay, responding to Council President Rodrigues, noted that the Town does not sell the property, someone else pays the taxes and the property owner has a year to repay the person who paid the taxes.

21.  Appointment of one (1) member to the Zoning Board of Review, Second Alternate, for a term expiring April 2025.

On motion of Vice President Welch, duly seconded it was voted unanimously to reappoint Mark Donohue to the Zoning Board of Review, Second Alternate for a term expiring April 2025.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:26 p.m.

________

Wendy J.W. Marshall, MMC

Council Clerk

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