Jul. 1, 2024 - Regular Meeting
Middletown
Minutes · July 1, 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 JUNE 26, 2024
REGULAR MEETING JULY 1, 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, July 1, 2024, 5:30 P.M. Executive Session and 6:30 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person, by telephone conference call/ webinar, members of the public may access and listen to the meeting in real-time by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 824 9654 1542 or on the web at https://us02web.zoom.us/j/82496541542
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 (5) Land Acquisition (West Main Road) - 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 5:33 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. 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 Business Project update.
Town Administrator Shawn Brown reviewed the following memorandum, entered here:
To: Members of Middletown Town Council
From: Shawn J. Brown, Town Administrator
Date: June 25, 2024
Re: Town Business Updates
________
Affordable Housing: At the July 1 meeting, we will discuss RI Housing’s feedback about how the Town/Pennrose can strengthen its tax credit application related to the Berkley/Oliphant project.
ARPA Money/Projects: Spending is being executed under the plan approved by the Town Council. The School Department must return to the Town Council in late summer/early fall to discuss potential Beyond the Bell program funding.
FY2025 Budget: The School Department is scheduled to adopt its FY25 budget on June 27th.
IT Department Update: The Town was selected to participate in the first phase of implementing the new statewide CAD/RMS public safety systems at the Police and Fire Departments. The Town will work with the RI State Police to migrate to the new system.
Learn365: The Town applied for $269K in funding (including the attendance coordinator, Beyond the Bell, and youth council) and should hear back from the State any day.
Middletown Center: The town and developer continue to negotiate the terms of the proposed land lease. The Solicitor will provide a detailed update in the July 1 Executive Session.
Middletown Clean: An update will be provided in a separate document.
Middletown Outreach: The summer Music in the Park concert series starts in July at Paradise Park. Lori Turner has begun coordinating with the City of Newport, the Boys & Girls Club, and the Housing Authority of Newport Housing on the Community Learning Center project and the envisioned programming.
Roads:
- The paving RFP has been finalized, and the Finance Office will post it on July 27.
- The town has received numerous complaints about motorists speeding on Paradise Avenue and Third Beach Road. The staff has been brainstorming options for calming the traffic. We unsuccessfully piloted the use of traffic delineators this past weekend. We are now exploring using non-permanent traffic cushions or speed tables that could be installed during the summer months to slow motorists. We are also revisiting the traffic calming study completed a couple of years ago for ideas. Note that the Planning Department is completing Middletown’s Safety Action Plan, which, upon completion, would qualify the Town for federal grants to fund road safety projects that benefit all roadway users.
Short-Term Rentals: The subcommittee will present a zoning recommendation on July 1. Its next meeting is set for July 31.
Tax Reform: The Town Council is forming a committee to gather information and make recommendations. Committee appointments are anticipated on July 15.
Town/School Consolidation:
- On July 1, the town finance office will assume the primary responsibility for accounting and reporting functions.
- We are working on a job description for a new facilities director with the school department.
No updates:
- Bond – Infrastructure Repair
- Build-Out Study Recommendations
- Community Center
- Marijuana Legalization
- Pickleball
- Revaluation
- Water Issues/Maidford River Project
Promoted to a standalone docket item: School Building Committee
Town Administrator Shawn Brown reviewed the following Middletown Clean Program, entered here:
Enter sheet
3. 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:
Design Update
(See attached presentations from 6/26/2024 SBC meeting)
The Design Development estimating documents have been issued to the CMaR’s and estimates will be completed July 11th. Estimate reconciliation and value engineering meetings are scheduled for the week of July 15th and the Design Development documents are scheduled to be completed by July 19th. HMFH/DBVW presented an updated district-wide masterplan with updated plans and renderings of the elementary school complex and Forest Ave Lower Elementary School, including proposed phasing to complete the work without disrupting teaching and learning. The design team is working to schedule a meeting with the fire marshal and building official to review a variance for interior window sprinklers in lieu of fire rated glass. This meeting is tentatively scheduled for July 24th. HMFH, along with Colliers, is preparing for the master plan submission to the Planning Board. The plan is to submit the master plan application package in August for the September Planning Board meeting.
Budget and Schedule
The project remains on time and on budget. Hazardous materials testing has begun at the existing schools.
Contracts
Gilbane has fully executed their CMaR contract. Bentley is performing a final review of their contract and is scheduled to have it fully executed by June 28th.
RIDE
Colliers and the design team will meet with RIDE SBA on June 27th to review and finalize the Stage III Schematic Design submission. The Design Development package is scheduled for submission following approval by the School Building Committee at the July 24th meeting.
Grants
The School Project DCIP Grant and Renew America's Schools Grant have been submitted to the awarding authorities.
The project is on time and on budget.
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.
Lawrence Frank, Middletown, addressed the Council, reviewing the following:
Enter here
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
5. (Advertised; Abutters notified)
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)
Public Hearing was declared open.
There being no persons present desiring to be heard or on zoom, 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.
6. Approval of Minutes, re: Regular Meeting, June 17, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Memorandum of Finance Director, thru Town Administrator, re: School Department- Surplus mathematics books.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
8. Resolution of the Council, re: School Department- Surplus mathematics books.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
9. License of Burial, re: Annemarie Hogan, Section 53 - Graves 7 and 8.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said License of Burial.
10. Application of The Homemade Factory, Inc. dba The Homemade Factory, 747 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 Inspector, Fire Marshal and Board of Health approvals.
11. Application for Special Event Permit from Lisa Bohner and Jack Crook for Middletown High School Class of 1984 40th Reunion, gathering and bonfire at sunset, to be held on Friday, September 13, 2024, from 6:00 pm to 9:30 pm at Third Beach.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
Town Solicitor Peter B. Regan recused himself from acting on the following item of business #12, due to a possible conflict of interest.
Assistant Town Solicitor Peter Skwirz, Esquire, was present to represent the Town on item #12.
12. Communication of Peter D. Connerton, Sr., Chair, STR Sub-Committee, re: STR Sub-Committee Zoning Ordinance Recommendation.
a. Draft Zoning Ordinance Amendment – Short-Term Rental (Version A – Excluding Children under 12)
b. Draft Zoning Ordinance Amendment - Short-Term Rental (Version B – Including Children under 12)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Councillor Turano, to continue this matter until after he receives his advisory opinion from the RI Ethics Commission – There was not a second for this motion.
Discussion centered around the Council President received verification from the Ethics Commission that he is able to participate in the short-term rental discussions and votes and Councillor Turano noted he is a short-term rental owner, but the Ethics Commission will not hear his case until later in July.
Councillor Turano recused himself from action on this item of business, due to a possible conflict of interest.
Councillor Connerton reviewed the communication above.
Councillor Logan verified that the proposed ordinance amendments would grandfather in current registered short-term rentals, and would have no impact.
Dustin Varnell, Middletown, addressed the Council noting concern that the zoning amendment changes will impact his family short-term rental.
Jefrey Aroy, Middletown, addressed the Council noting concern with limiting the occupancy on short term rentals. Mr. Aroy explained that limiting the occupancy will drop the rental income.
Edward McPherson, Middletown, STROM member, addressed the Council reviewing the following letter from STROM’s Attorney, entered here:
Enter letter.
Mr. McPherson requests the Town to place the words “Grandfathered in” into the amended short term rental ordinance.
Lawrence Frank, Middletown, presented a handout to the Town Council (Listing of Townwide STR’s, which is on file of the Town Clerk’s Office) and read the following into the record entered here:
Enter comments
Cynthia DeAngelis, Middletown property owner, addressed the Council noting that she is not trying to make a profit from her short term rental, she is just trying to keep her property here for her retirement.
Bryan Hoffman, Middletown, addressed the Council noting concern with the restriction of having to be an owner-occupied short-term rental and the number of occupants allowed, explaining it does not make sense with the larger homes.
Leon Amarant, Middletown, addressed the Council noting concern that the proposed amendment will take opportunities away from other residents to establish a Short-Term rentals and having to live on the premises while renting.
Vice President Welch explained that currently there are enough short-term rentals in the Town, which are changing the fabric of the community. Mr. Welch explained that the Town cannot eliminate the right to have a short-term rental, but can change the rules. Vice President Welch also noted that the current short-term rentals are grandfathered in.
Councillor VonVillas noted agreement with Vice President Welch.
Antone Viveiros, Middletown, addressed the Council explaining that the change in the ordinance will eliminate competition.
Discussion centered around some short term rental owners do a good job and if there are issues you can/should contact the short term rental owner, the need to protect resident’s quality of life, seasonal rentals are here forever, Middletown mirrored the City of Newport’s short term rental ordinance, and most issues with short term rentals are with no homeowner on site during the rental.
On motion of Vice President Welch, duly seconded, to forward Version A to the Planning Board for review and recommendation.
Discussion centered around the number of people allowed to stay in a short-term rental and residing on the property during the rental and the Planning Board timeline to review the proposed ordinance amendment.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to forward Version A to the Planning Board for review and recommendation.
Town Solicitor Peter B. Regan returned.
Assistant Town Solicitor Peter Skwriz left the meeting.
Councillor Turano returned to the dais.
13. 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 34 Taxes, Section 34.02, Exemption on Residential Property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
14. 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 34 Taxes, Section 34.30, Real Property Exemptions. (Tax Exemptions for Veterans)
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
15. 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 34 Taxes, Section 34.40, Property Exemption Defined. (Tax Exemptions for Blind Persons)
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
16. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III Administration, Chapter 36 “Fee Schedule ”, Sections (A) Clerk’s Department, (18) Mobile Food, (22) Short Term Rentals, (25) Tobacco License Fee, (B) Building Official, adding (8) Short Term Rentals, and (F) Police Department, (4) Public Safety Private Detail Billing Rates: Police Department.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Town Clerk Wendy J.W. Marshall reviewed the amendments to the ordinance, the ordinance is now up to date with the related areas of the code.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
17. Communication of Major Jason Ryan, re: Fee Schedule Changes.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Town Administrator Shawn Brown and Council President Rodrigues reviewed the memorandum above.
18. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title III, Chapter 36, Entitled “Fee Schedule”, Section (F) Police Department, (1) Concealed Carry Permit, (5) Security Fingerprinting.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
19. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title VII, Traffic Code, is hereby amended by (1) amending Sections Section 70.01, entitled “Definitions” and Section 70.99, entitled “Penalties” of Chapter 70, Entitled “General Provisions”, and Amending Sections 73.01 through 73.14 of Chapter 73, entitled “Bicycles – Rules of Operation”.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Town Solicitor Peter B. Regan reviewed the amendments to the ordinance, noting that the ordinance is now up to date with state law.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
20. Memorandum of Council President Rodrigues, re: Discussion of Coyotes in the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues reviewed the memorandum above and noted he has received several telephone calls from residents with coyote issues.
Town Administrator Shawn Brown noted that the Town adopted a protocol/process to address coyotes.
Karen Barbera, Middletown, addressed the Council noting that coyotes are part of the eco system. Ms. Barbera explained that people are leaving food and trash out, which attracts coyotes.
Wesley Isom, Middletown, addressed the Council noting he has seen an increase of coyotes in the area and is concerned with children coming in contact with coyotes.
Kelly Simone, Middletown, addressed the Council noting that the coyotes are not afraid and are more aggressive.
Karen Harrington, Middletown, addressed the Council noting she is very concerned with the coyote population and suggests the Town hire a coyote hunter. Ms. Harrington also requests the Council to amend the Town Hunting ordinance by changing the distance for bow hunting, time of day for hunting and allowing for hunting on Sundays. Ms. Harrington reviewed incidents with coyotes in her neighborhood.
Senator Louis P. DiPalma, Middletown, addressed the Council explaining that with the number of coyotes in his neighborhood, his family does not allow the grandchildren to run across the yards without supervision. Mr. DiPalma noted agreement with Ms. Harrigton’s suggestions to amend the hunting ordinance.
Jen Firlings, Middletown, addressed the Council noting that two coyotes attacked her dog, and she is concerned that children may be attacked, since coyotes are out all hours of the day and night.
Tom Basile, Middletown, addressed the Council noting concern with the coyotes, he has had them in his yard. Mr. Basile supports the Council amending the hunting ordinance.
Chief Anthony Pesare was present to answer Council inquiries.
Discussion centered around coyote protocols that are in place at this time, the Town is receiving no assistance from RIDEM regarding coyotes, RIDEM does not support culling the herd, reviewed the Town hunting ordinance vs the State hunting law, tracking coyotes and an issue with wild turkeys in the Town.
Karen Harrington, Middletown, addressed the Council noting that when she contacted RIDEM regarding the coyotes in her neighborhood, they suggested she call pest control. Ms. Harrigton explained there is a bow hunter in the Town.
Senator Louis DiPalma, Middletown, addressed the Council noting he will reach out to RIDEM Director Gray regarding coyotes. Mr. DiPalma explained the need for long-term and short-term plans for the coyotes.
Bryan Hoffman, Middletown, addressed the Council noting he is a biologist and explained that the control of food is the best deterrent for coyotes.
Charlie Roberts, Middletown, addressed the Council noting that he has had coyotes in his yard and expressed the need for an Aquidneck Island wide approach to deal with coyotes.
Karen Barbera, Middletown, addressed the Council noting that coyotes do not generally carry rabies.
Discussion centered around that the Town Council would like the Town Solicitor to amend the hunting ordinance, the Town Administrator will contact RIDEM regarding the coyote situation, the need for a long-term plan for the coyotes and having the Public Relations Officer send out information reminding residents not to leave food outside, which can attract coyotes.
Greg O’Shea, Middletown, addressed the Council speaking in support of amending the Town hunting ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:55 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 9:07 p.m.
21. Memorandum of Town Administrator, re: American Rescue Plan Act – Municipal Public Safety Infrastructure Project Grant – HVAC Improvements at Middletown Police Station.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Arden Engineering Constructors, LLC contract in the amount of $770,000 and approve the Cyber Communications, Inc contract in the amount of $136,007 and authorize the Finance Director to execute the contracts on behalf of the Town.
22. Memorandum of Finance Director, re: 2023 RIIB Resilient Rhody Municipal Resilience Program (MRP) Grant Award.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
23. Resolution of the Council, re: 2023 RIIB Resilient Rhody Municipal Resilience Program (MRP) Grant Award and authorize the Town Administrator to accept the grant and execute the grant agreement and allocate town matching funds from the Sewer fund.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #22.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
24. Memorandum of Finance Director thru Town Administrator, re: Waste Zero, LLC Extension.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
25. Resolution of the Council, re: Approval of Waste Zero, Inc. contract extension and authorizing the Finance Director to execute the contract extension.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #24.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
26. Memorandum of Finance Director, thru Town Administrator, re: FY2025-FY2027 Regional Animal Shelter Agreement – Robert Potter League for Animals, Inc.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
27. Resolution of the Council, re: Approving the FY2025-FY2027 Regional Animal Shelter Agreement and authorizing the Finance Director to execute the agreement on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #26.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
28. Communication of Town Administrator, re: Extension of operating hours for Fire and Water Concessions, Inc. at Sachuest Beach.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Town Administrator Shawn Brown reviewed the communication above.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the request of Fire and Water Concessions SB, Inc., holder of the contract for Sachuest Beach Concession, for an extension of concession operating hours extending the hours to 7 pm and authorize the Finance Director to execute the contract amendment.
29. Memorandum of Tax Assessor, thru Town Administrator, re: June 17, 2024, Town Council Agenda: Item #21 - Communication of Councillor Turano, re: Requesting to discuss reassessment results and have the Tax Assessor present his findings in reference to the percent increase in taxes in Middletown. I would like to know the number of properties whose taxes are going up and the number of properties that are going down. I would also like to know the number of properties whose taxes are going up over 50% based on the two-tier tax rate that is being proposed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum.
Councillor Turano noted the current tax system is broken and is not fair. Mr. Turano reviewed the revaluation map, entered here:
Rick Lombardi, Middletown, addressed the Council noting that a few years ago when he was on the Town Council, he introduced the Homestead Exemption and every time it was proposed Councillor Turano noted the RIPEC study did not support a Homestead Exemption. Mr. Lombardi noted the tax system is not perfect, but it is about full-time Middletown residents.
Councillor Turano addressed the Council, explaining that the Tax Exploration Committee will work on a way to keep people from being taxed out of their homes. Mr. Turano noted that the homestead tax is not good for the neighbor and the tiered tax is not good for the renter.
Antone Viveiros, Middletown, addressed the Council noting the current tax system is not fair and suggests that all taxpayers be treated the same.
Leon Amarant, Middletown, addressed the Council noting concern with the tiered tax shifting the tax burden from one segment of property owners to another, and it is not a good policy.
Council President Rodrigues noted that the tax system is not perfect and the people who are complaining the most regarding the tiered tax are the ones which own multiple properties in the Town.
Councillor Turano noted the west coast tax system.
Rick Lombardi, Middletown, addressed the Council noting that the tired tax is not perfect but benefits the full-time residents and the percentages can be changed.
Leon Amarant, Middletown, addressed the Council explaining in California the tax system is based on what you have, not what your neighbors have.
Antone Viveiros, Middletown, addressed the Council noting that California rolled back taxes.
30. Memorandum of Town Administrator, re: Executive Summary – Purgatory Road Sidewalk 90% Plans.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Carol Cummings, Middletown, addressed the Council noting she objects to the installation of cement sidewalks, explaining it is a liability to the abutting property owners and cited RIGL 44-5-12.
Town Solicitor Peter B. Regan noted that the law cited by Ms. Cummings is not applicable to the installation of sidewalks.
Mia Ceres, Middletown, addressed the Council noting concern with the width of the proposed sidewalk.
Discussion centered around the width of the proposed sidewalk and the landscaping plan of the area.
Jan Hayes, Middletown, addressed the Council requesting trees be planted the entire length of the road.
The Town Council received the following email on July 1, 2024.
Hello Mr Welch-
As the town council is voting on the sidewalk project this eve I wanted to revisit the highlighted portion of your email below.
(2) cherry trees that abut my property and Purgatory Road are slated for removal per the current sidewalk plan. These two trees are my property's primary barrier to Purgatory Road, St. George's primary entrance and their new dormitories. All of these items have become increasingly busier and noisier year after year and I doubt that will change in the future.
I ask the town council to reconsider the current plan and choose a less invasive path from Wolcott to 2nd beach leaving the majority of the trees, now slated for removal, alone.
If you do approve the current plan, which will remove these trees, I ask you consider replanting something that will provide a similar barrier on town or my property.
Tx
Jason
(401) 639-3450
On Dec 7, 2022, at 8:37 AM, Tom Welch tom.welch@middletownri.com wrote:
Hi Jason,
I hope you were able to tune in to the discussion of this project at our last meeting.
I would like to address a couple of points you bring up: regarding the trees, this impact of the project has been the topic of discussion on many occasions - during multiple site visits of the Roads and Utilities Committee (which included tree commission, conservation commission and open space and fields members)
during committee meetings as well as council meetings. The town owned right of way is the space where a sidewalk would be constructed. The trees do have a lifetime.
Trees removed for this type of project will be replaced - most likely across the street where their roots won't interfere with the sidewalk and their crowns will not grow into the wires.
I have suggested (with positive feedback from the town) that for situations such as yours, the town could provide a tree to a resident for planting on their property to provide relief from the street view.
Town ordinance requires the homeowner to clear snow from the sidewalk along their property line.
Grass mowing on the town right of way has been traditionally done by the homeowner - areas that are not maintained (for example, the ditch across from my house on Mitchells along the golf course property) is mowed by the town - perhaps monthly. This is not a perfect situation obviously, but it is how it has evolved. Basically, you can mow in front of your house on a weekly basis so it looks nice, or, you don't and the town will mow it much less frequently (and there will be no weedwacking) Personally, I choose the former.
I have responded to many of your neighbors regarding this project. I will continue to be involved. It is far from over - discussions continue. Please stay involved.
From: Jason Goldfarb jason@hgane.com
Sent: Monday, December 5, 2022 10:02 AM
To: Paul Rodrigues prodrigues@middletownri.com; Tom Welch tom.welch@middletownri.com; Christopher Logan clogan@middletownri.com; Peter Connerton pconnerton@middletownri.com; Theresa Santos tsantos@middletownri.com; Emily Tessier etessier@middletownri.com; Dennis B. Turano dturano@middletownri.com; Wendy Marshall wmarshall@middletownri.com
Subject: Purgatory Side Walk Project [PLEASE DO NOT APPROVE]
Hello Town Council Members-
I am writing this to you all as I am unable to attend the town meeting this evening due to a work commitment.
My property, 1 O’Donnell Road, is on the corner of O’Donnell Rd. and Purgatory Rd. directly across from the St George’s very active service entrance and current (actually, annual for the past 5-10 years) construction project.
Currently, the only barrier I have to the traffic and noise from St Georges are (2) trees, both are slated for removal (with zero provisions for replacement) for this project.
Having spoken with my neighbors over the past many years that this sidewalks has been in development I am very concerned that not one council member has spoken to the homeowners that will be directly impacted. For example, there are a few elderly folks that own property that abut this project who will now be responsible for snow removal of said walkway, has that been sorted?
On that note and looking at the future, who will maintain pay for the maintenance of this in the future?
Looking at the portions of Purgatory Rd that the town is currently responsible for maintaining (mowing grass keeping weeds at bay) is not a good sign for what is to come. I have paid to maintain the grass and trees in front of our home for years but the town only mows my abutting neighbors sections (the area where the sidewalk will be) less than once a month, it is overgrown most of June-Sept.
Lastly, who will be paying for this project? I understand there are state funds available, but those funds are years old now and do not reflect today’s costs, the amount slated for this project looks woefully underfunded.
In short, please pass on this project and leave Purgatory Road alone, attached are some photos from last spring of what you will be destroying.
Regards
Jason Goldfarb
The Town Council received the following email on July 1, 2024.
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On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Town Administrator to proceed with construction, subject to any changes they now want to make to the design.
31. Memorandum of Town Administrator, re: Affordable Housing Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the July 15, 2024, Regular Meeting.
32. Communication of Karen Biastre, Secretary, Middletown Affordable Housing Committee, re: Formal Recommendations to the Middletown Town Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:31 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri