Mar. 4, 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 Peter D. Connerton, Sr.

Councillor Christopher M. Logan

Councillor Emily M. Tessier

Councillor Dennis B. Turano,

Councillor Barbara A. VonVillas, Members Present

POSTED FEBRUARY 28, 2024

REGULAR MEETING MARCH 4, 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 4, 2024 at 6:00 P.M. Executive Session, 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: 827 5062 3931 or on the web at https://us02web.zoom.us/j/82750623931

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) Lease  - 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 6:02 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.    Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must submit a public participation form to the Council Clerk prior to the start of the meeting. All items discussed during this session will not be voted upon.

Antone Viveiros, Middletown, addressed the Council noting concern that Middletown may eventually look like Martha’s Vineyard with more seasonal homes than with year-round residents.  Mr. Viveiros is also noted concerned that the revaluation has increased taxes on the residents and taxes will increase again with the school bond.

Council President Rodrigues requested Town Administrator Shawn Brown to address the revaluation topic and programs the Town is working on to educate the taxpayers regarding their revaluation.

Discussion centered around that if a taxpayer requires help with taxes the Tax Assessor can assist them, there is an ordinance that allows for taxes to be frozen for the taxpayer that qualifies for program, there are other options to assist taxpayers with their taxes (tiered tax, exemptions, etc.), other communities in the state which just completed a revaluation are having the same issues as Middletown, the Town Administrator and Tax Assessor are working on an additional webpage to show taxpayers the impact of the revaluation across the Town, taxes within the last twelve years and other additional information for the taxpayers.

3.    The Town Administrator will provide an update regarding the Middletown Outreach Department.

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update regarding the Middletown Outreach Department.

Lori Turner, Director of the Middletown Outreach Department, presented a power point presentation, which is on file in the Office of the Town Clerk.

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.

5.    Approval of Minutes, re:  Regular Meeting, February 20, 2024.

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

6.    Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re:  Review and recommendation to the Town Council on proposed amendments to Section 400 DEFINITIONS of the Middletown zoning ordinance regarding the definition for Lot Line and determination of the front lot line for corner and through lots. (Requires advertising for a future public hearing)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.

7.    Application of Justin Speegle/Amp Surf New England a 501(c)(3) non-profit organization for a Special Event Permit for a VA Summer Sports Camp, Surfing Clinic for Veterans with disabilities to be held at Sachuest Beach, Path 8 on Tuesday, July 23, 2024 and Wednesday, July 24, 2024 from 8:00 am to 4:00 pm. (Applicant requests fees to be waived)

8.    Application of Justin Speegle/Amp Surf New England a 501(c)(3) non-profit organization for a Special Event Permit for an Adaptive Surf Clinic for people with disabilities to be held at Sachuest Beach, Path 8 on Saturday, September 7, 2024, from 8:00 am to 2:00 pm. (Applicant request 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.

9.    Application of Middletown Outreach Department for a Special Event Permit for the Middletown Easter Egg Hunt to be held at Wyatt Road Soccer Fields, on Saturday, March 23, 2024 from 10:00 am to 12:00 pm. (Town event 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 and all detail fees.

10.  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, April 16, 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, to grant said Special Event Permit and waive permit fee.

Councillor Logan requested this event be advertised by the Town on social media.  Mr. Logan also noted the Molar Express is a great program/event.

Council President Rodrigues noted agreement with Councillor Logan.

A vote was taken.

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

11.  Communication of Officer John Sullivan, Newport Police Department, Chairman, AINPP, re:  Request for waiver of all detail fees for the Aquidneck Island Police Parade.

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

12.  Application for Special Event Permit from the Aquidneck Island Police Parade for the Aquidneck Island Police Parade, beginning on West Main Road in front of Hampton Inn and Suites, 317 West Main Road to Washington Square, Newport to be held on Sunday, May 5, 2024, beginning at 9:00 am. (Parade Committee respectfully 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 and detail fees.

13.  Application for Special Event Permit from Newport Yogis for Newport Yogi’s Full Moon Summer Series, Yoga at Second Beach, Surfers End to be held on Friday, June 21, 2024, Sunday, July 21, 2024, Monday, August 19, 2024 and Tuesday, September 17, 2024 from 6:30 pm to 8:30 pm. (Applicant requests all fees to be waived.)

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

Councillor Logan noted that Newport Yogis is a non-profit, which was discussed in 2023, and the applicant provided proof of the non-profit status.

A vote was taken.

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

14.  Application for Special Event Permit from NewportFILM for Outdoor Film Screening with Food Vendors and Live Music to be held on Thursday, July 11, 2024, setup at noon, event is from 5:00 pm to 11:00 pm at Second Beach parking lot, 315 Sachuest Point Road.

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

Council President Rodrigues inquired if the applicant has had this event in prior years and the steps taken to assure there are no issues with parking at the beach since the beach will be open for regular business at the time of the event.

Jess Walsh, representing NewportFILM, addressed the Council explaining the event has taken place in prior years.  Ms. Walsh will work with Will Cronin, the Police Detail, and NewportFILM’s parking attendants to ensure the event and parking run smoothly.

A vote was taken.

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

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

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 the daily beach fees are competitive with other area beaches, the rate increases are reasonable, the Town Administrator will provide statistics/numbers from the beach and campground received last year, the Beach Commission is looking for better signage at the beach and the Town’s federal obligation regarding the beach fees is being reviewed.

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, (D) Parks and Recreation, (1) Beach Parking Fees.

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

17.  Communication of Bari Freeman, Executive Director, Bike Newport, re: Safety Improvements on East Main Road.

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

Bari Freeman, Executive Director, Bike Newport, reviewed the following:

Discussion centered around encouraging Portsmouth to work with Middletown to extend the road diet improvements, there is no cost for the project, RIDOT can assist the Town if a cost arises, the RIDE ISLAND Committee is reviewing the road diet project, at this time the lines can be painted and it maybe reversable if the Town finds it does not work, doing the project right by widening East Main Road to allow for a bike lane, the Council would like traffic data to review before making a decision, changing the four lanes on East Main Road to three lanes, a hard curb is not safe for biking, if East Main Road becomes three lanes that may put more traffic on West Main Road and through neighborhoods.

Remi Lloyd, Middletown, addressed the Council expressing support for the road diet project.  Ms. Lloyd explained that 80% of all trips on Aquidneck Island are four miles or less. Remi Lloyd noted that less traffic on the roads is safer for bikers.

Senator Louis DiPalma addressed the Council suggested getting more input from the residents by holding a public hearing, along with gathering the facts and data to support the project.  Mr. DiPalma offered any assistance the Town would need to move forward.

Council President Rodrigues noted the next step would be to request RIDOT to be present and have a public hearing on the project.

Vice President Welch and Councillor Connerton recused themselves from acting on the following item of business #18, due to a possible conflict of interest.

18.  Resolution of the Council, re:  In Support of Rhode Island League of Cities and Towns 2024 Legislative Priorities.

On motion of Councillor VonVillas, duly seconded, to pass said resolution.

Councillor Turano reviewed the Rhode Island League of Cities and Towns Legislative Priorities 2024 booklet, which is on file in the Office of the Town Clerk.  Mr. Turano also reviewed the resolution, In Support of Rhode Island League of Cities and Towns 2024 Legislative Priorities.

Town Administrator Shawn Brown reviewed the purpose/charge of the RI League of Cities and Towns for the Thirty-Nine communities.  Mr. Brown explained the RI League represents all the Cities and Towns in Rhode Island on legislative matters and more.

A vote was taken.

On motion of Councillor VonVillas, duly seconded, it was voted unanimously to pass said resolution.

Vice President Welch and Councillor Connerton returned to the dais.

19.  Memorandum of Town Administrator, re:  RIDOT Engineering Report: Proposed Road Diet on East Main Road.

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

20.  Memorandum of Finance Director, thru Town Administrator, re:  FY2024 Budget Adjustments as of December 31, 2023.

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

21.  Resolution of the Council, re:  FY2024 General Fund budget adjustments prepared as of December 31, 2023.

On motion of Vice President Welch, duly seconded, to pass said resolution.

Deputy Finance Director Patrick Guthlein addressed the Council reviewing the memorandum in item #20 and the resolutions, items #21, #22 and #23.

Discussion centered around the projects shown in the budget adjustments have already been approved by the Town Council and many of the adjustments are due to timing of the projects.

A vote was taken.

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

22.  Resolution of the Council, re:  FY2024 Parks and Recreation Fund budget adjustments prepared as of December 31, 2023.

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

23.  Resolution of the Council, re:  FY2024 Sewer Fund budget adjustments prepared as of December 31, 2023.

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

24.  Appointment of one (1) member to the Middletown Prevention Coalition, Faith Sector, term expiring April 2027.

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Rev. John Codega to the Middletown Prevention Coalition, Faith Sector, term expiring April 2027.

25.  Appointment of one (1) member to the Middletown Prevention Coalition, Former Chair Sector, term expiring April 2027.

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Susan Schenck to the Middletown Prevention Coalition, Former Chair Sector, term expiring April 2027.

26.  Appointment of one (1) member to the Middletown Prevention Coalition, Healthcare Sector, to complete a term expiring April 2026.

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Pamela McLaughlin to the Middletown Prevention Coalition, Healthcare Sector, to complete a  term expiring April 2026.

27.  Appointment of two (2) members to the Middletown Prevention Coalition, Youth Sector, term expiring April 2025.

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Samaa Alsharabi and Victoria Stabile to the Middletown Prevention Coalition, Youth Sector, terms expiring April 2025.

28.  Email communication from Dave Dittmann, re:  Resignation from the MEDAC committee.

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

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:58 p.m.

_________

Wendy J.W. Marshall, MMC

Council Clerk

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