Aug. 5, 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.

At a Regular Meeting of the Town Council of the Town of Middletown, RI at the Middletown Town Hall, 350 East Main Road, Middletown, RI in person, on Monday, August 5, 2024 at 6:00 P.M.

Council President Paul M. Rodrigues, Presiding

Vice President Thomas P. Welch, III

Councillor Christopher M. Logan

Councillor Emily M. Tessier, arrives at 6:05 pm

Councillor Dennis B. Turano

Councillor Barbara A. VonVillas, Members Present

Councillor Peter D. Connerton, Sr, Absent

Town Planner Ronald Wolanski, Acting Town Administrator.

POSTED JULY 30, 2024

REGULAR MEETING AUGUST 5, 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, August 5 2024, 6:00 P.M. Executive Session  and 6:30 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person, by telephone conference call/ webinar, members of the public may access and listen to the meeting in real-time by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 841 7698 6232  or on the web at https://us02web.zoom.us/j/84176986232

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.

There were no reconsiderations.

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 and (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 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 6:45 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 the School Building Project.

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said School Building Project update.

Ed Brady, Chair of the School Building Committee, addressed the Council noting the reconciliation process for the buildings and cost estimators will be reconciled by the 8th of August. Mr. Brady explained the building is designed to meet the budget, we are on schedule and on budget.  Mr. Brady noted there will be change orders, some could be negative, explaining all change orders must be approved by the architects, reviewed by the Building Committee, School Committee and Town Council.

Dave Dittman, Middletown, submitted the following for the record:

Mr. Dittmann thanked the Town Council for their service. He referenced a Middletown Today article chart comparing the bond approval of $190 million dollars to the state's share with interest of $148 million dollars. This makes the taxpayers' cost appear to be only $42 million dollars. He noted that the box does not present apples-to-apples because the state's share includes   interest, but the $190 million dollars does not.

He researched the $190 million bond cost estimates made by Hilltop Securities (town's bond advisor) reporting that a 25-year or 30-year bond will cost WITH INTEREST $325 million dollars or $365 million dollars. Mr. Dittmann respectfully asked the Council to present, in the next MIDDLETOWN TODAY publication (September) the total costs WITH INTEREST.

The side-by-side comparison of the 25- or 30-year bond cost with interest being $325 million dollars or $365 million dollars is very different than the $190 million dollars bond face value alone.

Mr. Dittmann noted that he serves on many community committees and he said the town is very lucky to have such dedicated town council members. He finished by stating that the taxpayers of Middletown deserve to see that the total cost of this $190 million dollar bond issue is not $190 million dollars but either $325 million dollars or $365 million dollars.

3.    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.

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

4.       Application of Golden Bev, LLC dba A Gold’s Wine and Spirits, 43 Aquidneck Avenue, holder of a Class A Alcoholic Beverage License to TRANSFER LOCATION of said license to 1374 West Main Road and change DBA to West Main Road Liquors, for the 2023-2024 licensing year. (Requires advertising for public hearing)

On motion of Vice President Welch, duly seconded, it was voted unanimously to advertise for public hearing for September 3, 2024, Regular Meeting of the Council.

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

Council President Rodrigues requested that item #7 be heard under the regular portion of the agenda.

Councillor Turano requested that item #8 be heard under the regular portion of the agenda.

5.    Approval of Minutes, re:  Regular Meeting, July 1, 2024.

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

6.    Approval of Minutes, re:  Regular Meeting, July 15, 2024.

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

7.    Petition of the Town of Middletown, through the Town Solicitor Peter B. Regan, Esquire for a Zoning Amendment, for property located at 351 East Main Road, Lot 22 on Middletown Tax Assessor’s Plat 113, currently located on the R-20A Zoning District, in which office use is prohibited, proposed amendment is to be rezone to Public and amend the Middletown Comprehensive Community Plan, Map L-4 from medium density to institutional. (Council action to forward to the Planning Board for review and recommendation.)

On motion of Vice President Welch, duly seconded, to receive said petition and forward to the Planning Board for review and recommendation.

Council President Rodrigues noted that he wants the public to know what this petition is for.

Town Solicitor Peter B. Regan explained that the Town has purchased land across the street from Town Hall for Affordable Housing and additional office space. Mr. Regan noted the Town must follow the same process and rules to amend the zoning code as any other applicant to comply with what they wish to place on their land.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said petition and forward to the Planning Board for review and recommendation.

8.    Petition of Aquidneck Mini Golf, LLC by Attorney Girard A. Galvin, property owner Valley Rd Real Property, LLC,  for a Zoning Amendment for property located at 40 Valley Road, Lot 402A, Plat 107NE, petitioner seeks to amend the Zoning Code Section 602 to allow movie theaters, arcades and bowling alleys by right in the LB zone. (Council action to forward to the Planning Board for review and recommendation.)

On motion of Vice President Welch, duly seconded, to receive said petition and forward to the Planning Board for review and recommendation.

Councillor Turano noted support for the amendment and inquired for more information.

Attorney Girard Galvin, representing the petitioner, addressed the Council explaining that his client’s goal is to add an arcade to the property, which is not currently allowed in this zoning district.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said petition and forward to the Planning Board for review and recommendation.

9.    Application of Stephen Charles Schwarz, Middletown, for RENEWAL of a Private Detective License for the 2024-2025 licensing year.

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

10.  Application of Jennifer Beirola, Portsmouth, RI for RENEWAL of a Tattoo License for the 2024-2025 Licensing year, to be used at 554 West Main Road.

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

11.  Application for Special Event Permit from Puddingstone Events, Inc. for the Families in Motion event to be held at St. Columba’s Chapel, 55 Vaucluse Avenue on Sunday, August 25, 2024 from 3:00 pm to 5:00 pm.

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 Gray Matter Marketing for the Aquidneck 10K Road Race starting and ending at Second Beach, on Town roadways to be held on Sunday, March 23, 2025, Race starts at 9:00 am, set up 6:00 am, breakdown complete by 12 pm.

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

Councillor Turano inquired if the Town received detail fees for the special events.

Town Clerk Wendy J.W. Marshall noted that all details fees must be paid prior to an event.

Councillor Turano suggested that the Council consider requesting the applicants to pay an additional fee, for example a $1.00 fee for each participant in the Road Race.

Council President Rodrigues noted that Town fee schedules are reviewed annually, and Mr. Turano can bring up his suggestion at the next budget cycle/review of the fee schedules.

A vote was taken.

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 Rhode Races & Events, Inc. for Newport Rhode Races (Marathon Road Race) to be held on Town roadways and Second Beach Parking Lot on Saturday, April 19, 2025 from 7:30 am to 1:30 pm.

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

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

An Ordinance in Amendment to the Town Code Title VII, Traffic Code, Chapter 74 Parking Code, Schedule I: Parking on Roadways is hereby amended by adding no parking on either side of Rosedale Avenue.

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 Title IX, General Regulations, Chapter 90, entitled “Animals” by amending Section 90.01, Hunting Restricted, Permit Required and that Title XIII, General Offenses, Chapter 130, General Offenses is amended by deleting Section 130.67, Discharge of Firearms Prohibited While Hunting on Sunday.

On motion of Vice President Welch, duly seconded,  to adopt said ordinance on its second reading.

Don Morin, Middletown, addressed the Council noting support for the amendment to the ordinance.  Mr. Morin explained that he has a coyote issue in his neighborhood and was wondering if the Town has made progress with RIDEM to assist.

Council President Rodrigues noted that the Police Chief has been in contact with the Department of Agriculture, and they will be assisting the Town with the coyote issue.

A vote was taken.

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

16.  Communication of Vice President Welch, re:  Discussion of Revolution Wind Project and having a representative provide a presentation at an upcoming meeting.

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

Vice President Welch reviewed the communication above.

Discussion centered around that Attorney Marissa Desautel will contact a representative from the Revolution Wind Project to provide a presentation to the Town Council and the Town has no say in the Wind Project since the project has no land fall in Middletown.

17.  Communication of Councillor Turano, re:  Requesting the Town Council to approve a project to find out where all of our STR’s, LTR’s, and MTR’s are located in Middletown.

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

Councillor Turano reviewed the communication above.

Discussion centered around that the census gives some rental information, the Town knows the number and location of where Short Term Rentals are because of registrations, the Comprehensive Community Plan consultant gave a presentation with rental data, the Town does not keep records of who rents their property long-term or the rates charged, Housing Works Rhode Island has some rental statistics and the Acting Town Administrator Ronald Wolanski will provide rental information to Mr. Turano that was given to the Comprehensive Plan Committee.

18.  Communication of Accounting Manager, re:  FY2024 Quarterly Tax Collector’s Report as of 06/30/2024 – Town of Middletown.

On motion of Vice President Welch, duly seconded, to receive said communication and FY2024 Quarterly Tax Collector’s Report as of 06/30/2024.

Finance Director Marc Tanguay reviewed the following:

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and FY2024 Quarterly Tax Collector’s Report as of 06/30/2024.

19.  Memorandum of Finance Director, re:  Financial Report – Preliminary Fiscal Year End June 30, 2024.

On motion of Vice President Welch, duly seconded, to receive said communication and Financial Report – Preliminary Fiscal Year End June 30, 2024.

Finance Director Marc Tanguay reviewed the following:

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and Financial Report – Preliminary Fiscal Year End June 30, 2024.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:35 p.m.

Wendy J.W. Marshall, MMC

Council Clerk

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