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 held by telephone conference at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, June 15, 2020 at 6:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues, arrives at 6:01 P.M.
Councillor Terri Flynn
Councillor Henry F. Lombardi, Jr., arrives at 6:48 P.M.
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Participants of the meeting other than the Town Council joined the meeting by zoom.
The Middletown Town Council follows the codification of present-day general parliamentary law as articulated in Robert’s Rules of Order Newly Revised 10th 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 (10th ed.), p. 304-321] the vote, 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.
Council President Sylvia requested a moment of silence for former Public Works Director Frank Santos and former Fire Chief Charlie Schwarz.
1. Memorandum of Town Administrator, with enclosure, re: Senior Housing conceptual options- Berkeley-Peckham School.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Frank Spinella, Senior Housing Consultant, addressed the Council reviewing a PowerPoint presentation, which is on file in the Office of the Town Clerk.
Discussion center around parking at the facility could allow two spots per unit, the entrance and exit at the facility, accessibility to the green walkway at the facility, the market for senior housing in Middletown, Rhode Island Housing requires a market study, there may only be 35 to 40 units on this site and a study would help when looking for other sites.
The Council agreed to move forward with the B1 scheme and having a market study completed in the Town.
Vice President Rodrigues recused himself from acting on the following item of business, #2, due to a possible conflict of interest.
2. Memorandum of Town Administrator, with enclosures, re: Department Consolidation Study.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Town Administrator Shawn Brown addressed the Council noting that the consultants were unable to participate this evening. Mr. Brown reviewed the Department Consolidation Study, which is on file in the Office of the Town Clerk.
On motion of Council President Sylvia, duly seconded, to authorize the Town Administrator to execute the consolidation as presented, effective immediately, and start the process as of tonight.
Discussion centered around the maintenance of effort with the state having to shift monies, the consolidation is Town Charter compliant, the need for a single strategic plan, Town website being a full time job, the Finance organizational chart, there are two different accounting systems between the Town and School and union contracts.
A vote was taken at this time.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to authorize the Town Administrator to execute the consolidation as presented, effective immediately, and start the process as of tonight.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to take a five-minute recess at 7:02 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene this meeting at 7:10 pm.
Council President Sylvia announced – If you are participating by phone and wish to speak press *9 on the telephone. If you are on the Zoom application and wish to speak, raise your hand.
Council President Sylvia announced- In regards to discussion, each Councillor will have 5 minutes and then another 3 minutes after discussion, then we will vote.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to act as a Board of License Commission.
3. (Advertised for Public Hearing and Abutters Notified)
Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a Class BV Liquor License to be used at the same premises. Application includes request for outside service on lower patio area and upper deck.
Public hearing was declared open.
Brian Toracenta, 16 Briarwood Avenue, addressed the Council noting support for the applicant. Mr. Toracenta explained that he has had good lines of communication with the applicant.
Robert M. Silva, Esquire, addressed the Council noting he is the Attorney for Mission, LLC, which is across the street from the applicant. Mr. Silva noted that his client has no objections to the issuance of the license.
Scott Lyons, Owner of Beach Wine and Liquors, abutter to the applicant, addressed the Council speaking in opposition to the issuance of the license. Mr. Lyons noted concern with the applicant’s past history and inquired about parking, service on the patio and music at the establishment.
Kerry Lewis, 54 Aquidneck Avenue, addressed the Council, noting concern with the outside seating and noise at the establishment.
Town Solicitor Peter B. Regan noted that the request to serve outside requires a Special Use permit and the Council should only approve what is permitted for the establishment.
Discussion centered around who will police the applicant, tabling the request because of the letter received by the Building Official regarding the establishment, continuing the item to a specific date and the applicant making renovations with no building permits.
There being no other persons present desiring to be hearing, public hearing was declared closed.
On motion of Vice President Rodrigues, duly seconded, it was voted to grant said license for inside service only; Councillor Santos and Councillor Turano voted YES; Council President Sylvia, Vice President Rodrigues, Councillor Flynn, Councillor Lombardi and Councillor VonVillas voted NO; MOTION FAILED TO PASS.
4. Application of Mission, LLC dba Mission, 58 Aquidneck Avenue, holder of a BVL Alcoholic Beverage License, for Expansion of Service.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said application, notify abutters and advertise for public hearing to be heard on July 6, 2020.
Peter Downing, applicant for Rock Lobster, addressed the Council at this time regarding item #3. Mr. Downing noted that his request for outside service was to be done under the COVID-19 order, not to be a permanent use. Peter Downing noted that he has not done anything in the building that requires a permit.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene as a Town Council.
5. Approval of Minutes, re: Regular Meeting, May 18, 2020.
6. Approval of Minutes, re: Special Meeting, May 26, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Regular Meeting, June 1, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
8. Memorandum of Lois Ann Murray, Treasurer, Friends of the Library, with enclosure, re: Friends of the Middletown Public Library, Inc. – Memorandum of Understanding (MOU) – Friends Book Store.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and authorize the Town Administrator to execute the updated agreement/MOU with the Friends of the Library.
9. Resolution of the City of Woonsocket, re: Recognizing the Month of June As Woonsocket Pride Month, And Honoring Members of the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual and Other (LGBTQIA+) Community.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said resolution.
10. Communication of Katherine Carbone, Newport, with enclosure, re: Opposition to Proposal for Hunting at Sachuest Point Wildlife Refuge.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
11. Communication of Leticia C. Pimentel, re: Docket SB-00-01 LNG Annual Report.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication and report.
12. Application of Jaeda Chabot dba Enhanced Beauty Brows, 62 Wave Avenue, for RENEWAL of a Tattoo License for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
13. Application of AV Tech, Inc dba Flint Audio & Video, 77 East Main Road, for RENEWAL of a Holiday License for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
14. License of Burial, re: Jean Wilson, Section 16, Graves 59 & 60.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license of burial.
15. License of Burial, re: Alexandra Georgiou, Section 56, Graves 4 & 5.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license of burial.
16. Application of Keystone Novelties Distributor, LLC dba Keystone Fireworks, 750 Aquidneck Avenue, for of a Holiday License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license.
17. Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue for a Victualling House License for the 2019-2020 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted to grant said license, limited to the inside of the building, subject to Building Official, Fire Marshal and Board of Health approvals. Council President Sylvia, Vice President Rodrigues, Councillor Flynn, Councillor Lombardi, Councillor Santos, Councillor Turano and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
18. Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue for an Amusement License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted to grant said license; Council President Sylvia, Vice President Rodrigues, Councillor Flynn, Councillor Lombardi, Councillor Santos, Councillor Turano and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
19. Application of JSC NewEngland Operating, LLC dba Burger King #1221, 596 West Main Road, for a Victualling House License for the 2019-2020 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license, subject to Building Official, Fire Marshal and Board of Health approvals.
20. Application of Mission, LLC dba Mission, 58 Aquidneck Avenue, for Expansion of a Victualling House License for the 2019-2020 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license, subject to Building Official, Fire Marshal and Board of Health approvals.
21. Application of Progasco Operating I, LLC dba Neon Marketplace, 532 East Main Road, for a Victualling House License for the 2019-2020 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license, subject to Building Official, Fire Marshal and Board of Health approvals.
22. Application of Progasco Operating I, LLC dba Neon Marketplace, 532 East Main Road, for a Holiday Sales License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license.
23. Application for Special Event Permit Elevate Fitness, Summer Beach Camp at the Third Beach Boat Ramp beginning in June 2020 through August 31, 2020, Tuesdays and Thursdays from 5:30 am to 7:30 am.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said Special Event Permit.
24. Application for Special Event Permit Peabody’s Beach Enterprise/ Bradley Hierholzer, July 4th Celebration Fireworks, Peabody’s Beach, Saturday, July 4, 2020 from 6:00 pm to 11:00 pm.
On motion of Vice President Rodrigues, duly seconded, to grant said Special Event Permit.
Lawrence Frank, 8 O’Donnell Road, addressed the Council noting this is a private event and concerns with wildlife, air and water pollution from the toxins of the fireworks.
On motion of Vice President Rodrigues, duly seconded, to grant said Special Event Permit; subject to conditions 1) Follow the parks and beaches guidance, 2) Ensure compliance with the safety regulations, executive orders, and more particularly, the social gathering size limit for parties, 3) Ensure that you have published a COVID control plan online for people to review and the fireworks must be done by 10:00 p.m.
Discussion centered around the event was approved last year, it is the discretion of the Council to approve or deny this request and the Norman Bird Sanctuary would have contacted the Council if they were concerned with the application.
Valerie Gelb, 94 Shore Drive, addressed the Council inquiring if Town has cancelled the Town Fourth of July fireworks.
Discussion centered around Peabody’s Beach is a private beach, the fireworks being completed by 10:00 pm, no complaints filed by the Norman Bird Sanctuary or Fish and Wildlife.
Kathleen Silveira, 52 Center Avenue, addressed the Council inquiring if the Third Beach Parking lots will be utilized for this event.
Town Administrator Shawn Brown noted there have not been any issues with this event.
Council President repeated the following motion.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to grant said Special Event Permit; subject to conditions 1) Follow the parks and beaches guidance, 2) Ensure compliance with the safety regulations, executive orders, and more particularly, the social gathering size limit for parties, 3) Ensure that you have published a COVID control plan online for people to review” and the fireworks must be done by 10:00 p.m.
25. Continued from March 16, 2020, Regular Meeting and April 20, 2020, Regular Meeting.
Public Hearing (Advertised; Abutters Notified)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Revision to the Comprehensive Community Plan.
Proposed Amendments to the Town’s Comprehensive Community Plan, future land use plan, map L-4, of the Land Use element of the Middletown Comprehensive Community Plan is amended to bring consistency between the Future Land Use Plan and the Town’s Zoning Map for selected parcels fronting on Aquidneck Ave., Brookdale Rd., Barton Ln., Coddington Hwy., East Main Rd., Green End Ave., Greene Ln., Honeyman Ave., Johnnycake Hill Rd., Maple Ave., Meadow Ln., Old Airport Rd., Rockwood Rd., Sherman Ln., Smythe St., Tuckerman Ave., Underwood Ln., Valley Rd., Vierra Ter., West Main Rd., and Wyatt Rd. Subject parcels are identified on the attached map.
Public hearing remains open.
Town Planner Ronald Wolanski addressed the Council noting that there has been no opposition to this amendment. Mr. Wolanski explained the amendment brings the Comprehensive Community Plan into compliance with the Town Zoning Map.
There being no other persons present desiring to be hearing, public hearing was declared closed.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
26. Public Hearing (Advertised) (Second Reading)
Town of Middletown application for PY2019 Application – Project Priorities-Small Cities Community Development Block Grant (CDBG) for certain projects Statewide in the amount of $5 million dollars available to undertake a range of activities:
a) Improved housing opportunities for low and moderate-income families and individuals.
b) Provision of employment opportunities for low and moderate-income individuals.
c) Provision of community facilities and services principally benefiting low and moderate-income families and individuals.
Public hearing was declared open.
Town Planner Ronald Wolanski reviewed the proposed project list.
Sean Saunders, representing Church Community Housing, addressed the Council noting that Child and Family Services has rescinded their application.
Discussion centered around if the funds could be used for windows at the Senior Citizens Center, prior grant monies were lost due to the increase in the expense of the windows, the windows are to be hurricane compliant, if hurricane shutters can be used to save money and federal guideline require hurricane windows.
There being no other persons present desiring to be hearing, public hearing was declared closed.
27. Resolution of the Council, re: PY2019 Application – Small Cities Community Development Block Grant (CDBG) – Approving the prioritized list of projects for submission with the Town’s PY2019 CDBG application.
28. (Continued from the May 26, 2020, Special Meeting)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title III Administration, Chapter 34, Taxes, Section 34.10 Homestead Exemption. (New Section; See Attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, it was to receive said ordinance on its first reading.
Discussion centered around the ordinance would provide tax relief to full time residents, the proposal is beneficial to senior citizens and young people, other communities that had a homestead and have discontinued the ordinance, this ordinance is similar to the ordinance in Narragansett, Middletown becoming a second home community, once the ordinance is adopted it can be amended at any time, seniors and veterans can still receive their exemptions even with the homestead, predictability of the exemption, commercial taxpayers bear the burden of the homestead, businesses struggling because of the covid issue and the timing of the ordinance.
Lawrence Frank, 8 O’Donnell Drive, addressed the Council noting he is in full support of the homestead.
David Maloof, 83 Shore Drive, addressed the Council speaking in opposition to the proposed ordinance noting he is only here about three months out of the year and has no kids in the school system.
John Bagwill, 587 Tuckerman Avenue, addressed the Council noting he supports the ordinance, its focus is on primary homeowners.
Valerie Gelb, 94 Shore Drive, addressed the Council inquired about the information and data the Town Council was reviewing and discussing.
Discussion centered around having a special meeting regarding this item.
At vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was to receive said ordinance on its first reading; Councillor Flynn voted No to said motion.
Councillor Flynn requested that the minutes reflect her vote of No to item #28, was due to the Council having many other priorities.
29. Memorandum of Town Solicitor, re: Revised Mobile Food Establishment Ordinance.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
30. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XI Business Regulations, Chapter 113 Food Service. (See Attached Ordinance)
On motion of Vice President Rodrigues, duly seconded, to receive said ordinance on its first reading; Council President Sylvia and Vice President Rodrigues voted NO to said motion.
Discussion center around the number food trucks last year, concern with the number of food trucks allowed in the ordinance and not wanting anyone to go out of business.
Lawrence Frank, 8 O’Donnell Road, addressed the Council inquiring about the Town Light Industrial zone areas for food trucks.
Town Solicitor Peter B. Regan noted that the first two versions of the ordinance, which included Light Industrial areas, did not pass. Mr. Regan explained this ordinance would allow food trucks at office park areas, beach concessions and special events. Town Solicitor Peter B. Regan noted that the ordinance can be amended.
Discussion centered around that mobile trucks are not being done away within this ordinance, it allows for 10 trucks and 7 carts and not wanting to take business away from full time restaurants which pay taxes.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted to receive said ordinance on its first reading; Council President Sylvia and Vice President Rodrigues voted NO to said motion.
31. (Continued from March 16, 2020, Regular Meeting)
Communication of Paul A. Croce, Chairman, Middletown Planning Board, with enclosures, re: Proposed creation of incentive program to promote preservation of historic buildings and resources.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue this item to a later date at the request of the Planning Board Chair.
32. Communication of Paul A. Croce, Chairman, Middletown Planning Board, with enclosures, re: Proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Land, Article 5 – Required Minimum Standards of Design, and Article 7 – Improvement and Maintenance Guarantees – to promote installation and maintenance of required landscaping.
On motion of Vice President Rodrigues, duly seconded, to receive said communication.
Discussion center around the amendments are long overdue, the bond for a project is only good for one year, the time on the bond is set by state law and the amendment gives the Town additional enforcement authority.
The vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
33. (Continued from March 16, 2020, Regular Meeting; continued March 2, 2020, Regular Meeting for additional information)
Memorandum of Councillor Flynn and Resident, Lawrence Frank, re: Safety Staffing Room Tax.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
On motion of Councillor Flynn, duly seconded, it was voted since the proposed benefit will not be realized to continue this item to the first meeting in August; Councillor Flynn and Councillor Turano voted YES Council President Sylvia, Vice President Rodrigues, Councillor Lombardi, Councillor Santos and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
Council President Sylvia noted that the Town should not keep requesting more money from the same taxpayers, this is not good time for this request.
Councillor Flynn reviewed the history of the proposal.
Lawrence Frank, 8 O’Donnell Road, addressed the Council reviewing an article published in the Newport Daily News on September 30, 2017 regarding a shortage of hotels during the summer season.
Councillor Lombardi noted agreement with the Council President, explaining now is not the time for this proposal. ‘
On motion of Council President Sylvia, duly seconded, it was voted to adopt this Safety Staffing Room Tax, as presented by Councillor Flynn and Lawrence Frank; Council President Sylvia, Vice President Rodrigues, Councillor Flynn, Councillor Lombardi, Councillor Santos, Councillor Turano and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
34. Memorandum of Citizens Exploring School Unification (CESU), with enclosures, re: Petition and Ordinance filed under Section 402 of the Middletown Town Charter.
(Signatures from 10% of the Electors from the 2018 regular town election have been verified by the Office of the Town Clerk)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and refer to the Town Solicitor for review.
35. Memorandum of Council President Sylvia, re: Appointment of two (2) Councillors to Negotiate FOP Contract.
Council President Sylvia reviewed the memorandum above.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to appoint Council President Sylvia and Vice President Rodrigues to work with the Town Solicitor and Labor Negotiation Team Attorneys to negotiate the FOP Contract.
36. (Continued from March 16, 2020, Regular Meeting)
Communication of Councillor Lombardi, re: Executive Session Materials and Notes.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Councillor Lombardi reviewed the memorandum above.
Discussion centered around if it is appropriate to remove notes from Executive Sessions, calling the Attorney General’s office if you think there has been a breach of the Executive Session, why people are note takers and that notes should not leave Town Hall.
On motion of Councillor Lombardi, duly seconded, it was voted that no materials, files, documents or notes taken by councilors during Executive Session be removed or taken out of Executive Session, no laptops and cell phones turned off; If a Councillor wants to review their Executive Session file, documents or notes taken by that councilor, he/she should make an appointment with the Town Clerk and request a time to review their Executive Session File. The Clerk will review the file noting all materials in the file before turning it over to the Councillor, the file is to inspected by the Clerk prior to the Councillor leaving, no cell phones or laptops at the time of reviewing the files; Councillors reviewing the files will be given a private space to review the Executive session file. The Councillor may not bring any materials including a notebook, pen or pencil, cell phone or any other recording device into the space while reviewing the Executive Session file; upon completion of reviewing the file the Clerk will review the file prior to the Councillor leaving to insure all materials are intact and in the file, no laptops.
Discussion centered around not depriving anyone from taking notes, making appointments to review executive session files may not be practical and tightening up who is present during executive sessions.
Lawrence Frank, 8 O’Donnell Road, addressed the Council noting that the Town Council takes an oath and amending the rules is authoritarian.
Councillor Lombardi repeated the motion above and amended the motion, entered here.
On motion of Councillor Lombardi, duly seconded, it was voted that no materials, files, documents or notes taken by councilors during Executive Session be removed or taken out of Executive Session, no laptops, cell phones turned off; If a Councillor wants to review their Executive Session file, documents or notes taken by that councilor, he/she should make an appointment with the Town Clerk and request a time to review their Executive Session File. The Clerk will review the file noting all materials in the file before turning it over to the Councillor, the file is to inspected by the Clerk prior to the Councillor leaving, no cell phones or laptops at the time of reviewing the files; Councillors reviewing the files will be given a private space to review the Executive session file. The Councillor may not bring any materials including a notebook, pen or pencil, cell phone or any other recording device into the space while reviewing the Executive Session file; upon completion of reviewing the file the Clerk will review the file prior to the Councillor leaving to insure all materials are intact and in the file, no laptops. During Executive Session the Town Council, Town Solicitor, Town Administrator and Town Clerk shall be present, if others, including Department Heads need to be present during a discussion, they will be invited in only during the portion of the Executive Session, that pertains to them; Councillor Flynn voted NO to said motion.
37. Continued from March 16, 2020, Regular Meeting)
Memorandum of Councillor Lombardi, re: Regarding Short Term Rental Platform tax.
On motion of Vice President Rodrigues, duly seconded, to receive said memorandum.
Councillor Lombardi noted that this item may not be heard by the state and suggests the item be continued.
38. (Continued from March 16, 2020, Regular Meeting)
Resolution of the Council, re: Regarding Short Term Rental Platform Tax.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
39. Communication of Councillor Lombardi, with enclosure, re: Rules of the Council #10.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Councillor Lombardi reviewed the communication above and suggests Councillors should not be able to abstain, they should vote.
Councillor Flynn noted abstaining is a vote according to Robert’s Rules.
Town Solicitor Peter B. Regan noted the Council follows Robert’s Rules, but Council Rules can be modified.
On motion of Councillor Lombardi, duly seconded, to strike line 2, “A member may abstain from voting; however, provided that said member publicly states the reason for so doing.” in Rule #10; Council President Sylvia, Councillor Lombardi, Councillor Santos, Councillor VonVillas voted YES; Vice President Rodrigues, Councillor Flynn and Councillor Turano voted NO to said Motion.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to move item #52A after item #39.
40. Communication of Councillor Turano, re: To discuss forming a “Community Outreach Program” designed after the program that the Lt. Governor rollout in Cumberland.
41. Communication of Councillor Turano, re: To discuss increasing the town exemptions for Senior, Veteran & Physically Handicapped.
42. Communication of Councillor Turano, re: To make a motion to restructure the format of the Town Project Update Section of the regular docket.
43. Memorandum of Councillor Flynn, with enclosures, re: Parking.
44. Memorandum of Tax Assessor and Finance Director, with enclosures, re: Collector Abatements. – Cancellation of Taxes for certain Middletown residents.
45. Resolution of the Council, re: Collector Abatements – Cancellation of Taxes for certain Middletown residents
46. Memorandum of Tax Assessor, with enclosures, re: Cancellation of Taxes for certain Middletown residents.
47. Resolution of the Council, re: Collector Abatements- Cancellation of Taxes for certain Middletown residents.
48. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: FY2021-FY2022 Regional Animal Shelter Agreement- Robert Potter League for Animals, Inc.
49. Resolution of the Council, re: FY2021-FY2022 Regional Animal Shelter Agreement- Robert Potter League for Animals, Inc.
50. Memorandum of Town Administrator, with enclosures, re: PARE Road Safety Studies for Paradise Ave., Turner Road & Green End Avenue.
51. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: JFK Lease: East Bay Community Action Program Lease.
52. Memorandum of Town Administrator, re: Beach Food Concession Contract. (Documentation to follow)
Item #52A as acted on after item #39.
52A. Executive Order 2020-10 Extension of State of Emergency in Middletown through and including July 14, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve the Executive Order 2020-10 (Extension of State of Emergency in Middletown) through and including July 14, 2020.
53. Appointment of one (1) member to the Board of Canvassers, Bi-partisan Board, Democrat or Republican Representative, term expiring March 2025.
54. Appointment of one (1) member to the Library Board of Trustees, to complete a term expiring September 2020.
55. Appointments to the Zoning Board of Review, one (1) regular member, term expiring April 2025, one (1) First Alternate, term expiring April 2021, one (1) Second Alternate, term expiring April 2021 and one (1) Third Alternate, term expiring April 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:34 P.M
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri