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, February 1, 2021 at 6:08 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Terri Flynn
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas
Councillor Thomas P. Welch, III, Members Present
Members and Participants Present by Teleconference and Webinar/Meeting.
ALL ITEMS ON THIS AGENDA NOT COMPLETED WILL BE ADDRESSED AT THE FEBRUARY 3, 2021 SPECIAL MEETING.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – January 27, 2021
REGULAR MEETING – FEBRUARY 1, 2021
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 special meeting to be held on Monday, February 1, 2021; Affordable Housing Update at 6:00 P.M.; Regular Meeting at 7:00 P.M. - Said meeting will be conducted by telephone conference call/ webinar, in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended to February 4, 2021, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) as part of the State’s emergency response to COVID-19. 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: 848 8003 7401; or on the web at https://us02web.zoom.us/j/84880037401.
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, 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, 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 three (3) minutes. Citizens that wish to speak must submit a written request either dropped off at Town Hall or emailed to both wmarshall@middletownri.com and kclancey@middletownri.com . Request must include your information, item number you wish to address and how you will be identified/named on zoom. The request must be filed at least 30 minutes prior to the meeting. If a request is not filed, you will not be able to address the matter.
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 Town Board and Committee members Morris Hirsch and Kevin O’Halloran.
1. Memorandum of Town Administrator, re: Affordable Housing update.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Town Administrator Shawn Brown introduced Frank Spinella who it the Town’s Consultant working on the Senior Affordable Housing project.
Francis J. Spinella, FJS Associates, addressed the Council presenting a powerpoint presentation regarding the Affordable Housing update, which is on file in the Office of the Town Clerk.
Discussion centered around the elevations for the buildings, it would be more costly to renovate or add on to the existing buildings, condition of the existing buildings, new construction will be less expensive to construct and less expense to renters, the driveway entrance and exit, additional parking spaces added in front of the Senior Center, the difference between a two story building and a three story building, having an elevator in the building, the application process and the investors in the project.
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 either dropped off a public participation request at Town Hall or emailed to both wmarshall@middletownri.com and kclancey@middletownri.com at least 30 minutes prior to the start of the meeting. All items discussed during this session will not be voted upon. (No longer than 15 Minutes total for the Public Forum)
No one requested to speak during this session.
Councillor Flynn requested that items #4 and #5 be heard under the regular portion of the agenda.
3. Application of National Grid-Verizon and New England, Inc., re: To relocate P99 Green End Avenue, 14’ West of existing pole and to eliminate an aerial easement at 39 Continental Drive. (Approved by the Roads and Utilities Advisory Committee)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said application.
4. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Recommendation amendments to the Development Plan Review (DPR) process – Zoning Ordinance § 306. (Requires Advertising for Public Hearing)
On motion of Vice President Rodrigues, duly seconded, to receive said memorandum and advertise for public hearing.
Councillor Flynn requested more clarity for items on the agenda, which require advertising for a public hearing.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and advertise for public hearing.
5. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Recommended Zoning Ordinance amendments – Proposed new zoning ordinance Article 27B – Outdoor Lighting. (Requires Advertising for Public Hearing)
On motion of Vice President Rodrigues, duly seconded, to receive said memorandum and advertise for public hearing.
Discussion centered around more clarity for the parenetical explanation of docket items.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to add for consent items that require advertising for a public hearing that the parenetical statement reads “Council approval for this item allows for the required advertising for a future public hearing”.
A vote was taken at this time on the original motion above.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and advertise for public hearing.
6. Application of Pickles, Inc., dba Pickles, 936 Aquidneck Avenue, for a Victualling House License for the 2020-2021 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.
Town Solicitor Peter B. Regan recused himself from acting on the following item #7 of business, due to a possible conflict of interest.
Attorney Marissa Desautel represented the Town on the following issue.
7. Public Hearing Advertised; Abutters Notified
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code – Town’s Zoning Map – TAP 113 Lot 13, which is presently zoned as Office Business Traffic Sensitive (OBA) shall be changed in their entirety to Limited Business Traffic Sensitive (LBA). (Planning Board recommendation on file)
Public Hearing remains open.
Attorney Patrick O’N. Hayes, 43B Memorial Blvd., Newport representing the applicant, addressed the Council noting an amendment to the ordinance as follows: “and provided further, the uses allowed at such property are limited to residential and office uses which may be in a Mixed Use Development.” Mr. Hayes also noted that there has been an agreement made with the abutter Mr. Belden.
Discussion centered around if there were drawings of the proposed new building and the Town’s Mixed-Use Ordinance.
Chris Bicho, 93 Dianne Avenue, addressed the Council explaining that the mixed-use ordinance allows affordable housing units to be built. Mr. Bicho noted there will be two units of affordable housing in the building.
Discussion centered around that the zoning on the property can be amended in the future, if the property is sold the Council has the right to change the zoning, drawings of the new building and the additional building will mimic what is already on the property.
Lawrence Frank, 8 O’Donnell Way, addressed the Council, noting that the affordable housing 80% AMI is equivalent of market value. Mr. Frank explained he is not sure that 80% AMI qualifies for affordable housing for the general public.
On motion of Vice President Rodrigues, duly seconded, to add at the end of the third paragraph of the ordinance “and provided further, the uses allowed at such property are limited to residential and office uses which may be in a Mixed Use Development.”
Discussion centered around the need for affordable housing and plans for the property.
*Chris Bicho agreed to provide three affordable housing units on the property. (Amended by Council, March 1, 2021)
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to add at the end of the third paragraph of the ordinance “and provided further, the uses allowed at such property are limited to residential and office uses which may be in a Mixed Use Development.”
There being no other persons present desiring to be heard, public hearing was declared closed.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adopt said ordinance on it second reading, as amended.
Town Solicitor Peter B. Regan recused himself from acting on the following item #8 of business, due to a possible conflict of interest.
Attorney Marissa Desautel represented the Town on the following issue.
Councillor Flynn recused herself from acting on the following item #8 of business, due to a possible conflict of interest.
Councillor Turano recused himself from action on the following item #8 of business, due to a possible conflict of interest.
8. Memorandum of Council President Sylvia and Vice President Rodrigues, re: Short-term Rental Ordinance.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia noted that tonight the Council will take public input on this matter and motions by the Council will be made at the February 16, 2021, Regular Meeting.
Leon Amarant, 60 Island Drive, Middletown, addressed the Council noting he operates rental property in the Town. Mr. Amarant noted the Short-Term Rental survey gave a lot of feedback and suggests the Council to consider the information. Mr. Amarant explained that travelers support the local economy and suggests enforcement of the ordinance.
Barry Doyle, 479 Wolcott Avenue, addressed the Council noting he is not a short-term rental owner. Mr. Doyle explained he has had an issue with a neighboring short-term rental, explaining there is a disconnect with the rules of short-term rentals and enforcement.
Sara Minor, 7 Coggeshall Circle, addressed the Council noting she echoes what Mr. Doyle stated and wants to stress what Mr. Amarant noted. Ms. Minor suggests enforcing the ordinance.
Beth Rushlow, 32 Ellery Avenue, addressed the Council noting the issue is mostly the large rentals with non-onsite owners. Mrs. Rushlow requests the Council to not punish all, noting enforcement of the current ordinances is what needs to be done.
David Rushlow, 32 Ellery Avenue, addressed the Council noting he rents three cottages on his property and has the ordinances posted. Mr. Rushlow explained that taxes on short-term rentals being raised is not the answer, the need to enforce the ordinance is the answer.
Dustin Varnell, 54 Warren Avenue, addressed the Council noting he is echoing the same as others, enforcement is the issue. Mr. Varnell explained the Town should enforce those not following the short-term rental ordinance. Mr. Varnell noted that a tax increase would have unintended consequences to the renters.
Mike Flynn, Sr., 34 Warren Avenue, addressed the Council noting the existing ordinances are not being enforced, the Town should take care not to lump all short-term rentals into one group. Mr. Flynn stated he would like to see the data that supports the contention in the memo that short term rentals have created costly over-time demands on public services and created havoc in the neighborhoods. Mr. Flynn explained he does not believe that the provisions in the ordinances should apply to owner occupied properties.
Carmella Marcello, 30 Warren Avenue, addressed the Council suggesting they enforce all the Short-Term Rental ordinances.
Sara Poirior,127 Mitchell’s Lane, addressed the Council reviewing the following:
Olga Tragesser, 71 Aquidneck Avenue, addressed the Council noting the agreement with others that spoke this evening.
Discussion centered around short-term rentals are defined in the ordinance as a rental that is 6 months or less, enforcement of the short-term rental ordinance, who enforces what portion of the Short Term Rental ordinance, hiring someone specific to oversee the short-term rentals in the Town and how the Town proceeds in identifying unregistered short-term rentals.
Town Solicitor Peter B. Regan recused himself from acting on the following item #9 of business, due to a possible conflict of interest.
Attorney Marissa Desautel represented the Town on the following issue.
Councillor Flynn recused herself from acting on the following item #9 of business, due to a possible conflict of interest.
Councillor Turano recused himself from action on the following item #9 of business, due to a possible conflict of interest.
Council President Sylvia recused himself from acting on the following item #9 of business, due to a possible conflict of interest.
Vice President Rodrigues Presiding
9. Memorandum of Council President Sylvia and Vice President Rodrigues, re: Property Tax Adjustments.
On motion of Vice President Rodrigues, duly seconded, to receive said memorandum.
Discussion centered around if this memorandum includes long-term rentals, that the intent of this memorandum is businesses operating in residential neighborhoods, the range of assessed values for homes that are short-term rentals, legal ramifications of taxing residential properties as commercial properties and range of increase of taxes going from a residential rate to a commercial rate.
John Bagwill, 587 Tuckerman Avenue, addressed the Council as a citizen, not representing MEDAC, and reviewed the following:
AGENDA ITEM 9: PROPERTY TAX ADUSTMEMNTS
APPLICATION OF COMMERCIAL TAX RATE TO
INCOME-PRODUCING RESIDENTIAL PROPERTIES
PROPOSED ORDINANCE:
Tax at the Commercial Real Estate Tax rate a residential property which contains Dwelling Units which have been/should be registered as a Short-Term Rental(s) (as defined in Middletown’s Ordinance Chapter 98: Short-Term Residential Leases) – unless one or more of the Dwelling Units on the property is occupied by a Middletown resident for whom such Dwelling Unit(s) is their Principal Residence.
OBSERVATIONS:
1. Residential properties that are rented out on a Short-Term basis, and not occupied as a Principal Residence are, by their nature, income-producing properties and should be taxed as a commercial business.
2. Aligned with and supports Middletown’s Chapter 98: Short-Term Residential Leases Ordinance.
3. Raises additional Real Estate Tax revenue for certain types of income-producing properties (and thereby subject to the Commercial Real Estate Tax rate):
. Helps compensate for the additional financial burden associated with enforcement of Town Ordinances frequently violated by short-term rentals: Police, Zoning, Public Health.
. Meets one of the objectives in Robert Sylvia’s and Paul Rodrigues’ 12/14/2020 memo to Town Council Colleagues: “Revenue would assist in financially supporting a healthy homestead act program”.
4. Applying the Commercial Real Estate Tax rate to certain types of properties would change the investment calculation for investment buyers as the ownership cost would be higher.
5. A property would be subject in its entirety to either the Commercial or Residential Real Estate Tax.
John Bagwill
January 27, 2021
Leon Amarant, 60 Island Drive, Middletown, addressed the Council noting it is not prudent to penalize short-term rentals in compliance with the ordinance. Mr. Amarant suggested the Town review state law regarding rules of property taxing.
Sara Minor, 7 Coggeshall Circle, addressed the Council noting that it will be logistically challenging if a rental changes from year to year (renting to not renting) to tax these properties.
David Brigham, 48 Warren Avenue, a military person, addressed the Council noting concern that he would not be able to afford to maintain his property and return unless he rents it while being out of state.
Edward McPherson, 93 Maple Avenue, addressed the Council noting he already pays a lot of taxes and suggests having a conversation with the state which collects his sales and motel/hotel taxes.
Mike Flynn, Sr., 34 Warren Avenue, addressed the Council noting he was shocked that the memorandum also applies to long-term rentals. Mr. Flynn noted resentment to Councillor VonVillas’ comment that if property values are assessed higher, they should pay higher taxes. Mike Flynn explained that this concept targets a small group of taxpayers, it is a significant tax increase going from residential to commercial tax rate. Mr. Flynn noted that the rules are changing in the middle of the game, which could result in unintended consequences.
John Bagwill, 587 Tuckerman Avenue, addressed the Council suggesting a limit on the number of short-term rentals allowed by the Town and give a time limit to register the short-term rental or lose the ability to rent the property.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
10. Confirmation of and Timeline of Town Priority Items/Projects.
On motion of Vice President Rodrigues, duly seconded, to confirm said projects as follows:
1. Housing
2. Education
3. Finance/taxes
4. West Main Road development
5. Short-term rentals
6. Water Issues
Short-Term items that will be or have been addressed are:
1. Reinstate public forum
2. Planning Board requests should be acted on immediately.
3. Improve Applications for Planning & Zoning by adding additional question to the application.
Discussion centered around the list is Council priorities and this list is identifying issues the Town Council would like to address.
A vote was taken at this time:
1. Housing
2. Education
3. Finance/taxes
4. West Main Road development
5. Short-term rentals
6. Water Issues
Short-Term items that will be or have been addressed are:
1. Reinstate public forum
2. Planning Board requests should be acted on immediately.
3. Improve Applications for Planning & Zoning by adding additional question to the application.
11. Memorandum of Councillor VonVillas, re: High School Unification.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor VonVillas, presented a power point presentation regarding High School Unification, which is on file in the office of the Town Clerk.
On motion of Councillor VonVillas, duly seconded, that a Special Election be conducted in June 2021 to determine if Middletown voters support the unification of the high schools in Middletown and Newport with an amendment to Title 16 legislation that specified equal representation of both parties, the resulting agreement to be approved by the voters.
Lawrence Frank, 8 O’Donnell Road, addressed the Council reviewing the follow:
I am in full support of Dr VonVillas' motion regarding High School Unification. The Keystone Report regarding the construction of affordable housing on the site of the Peckham School contains information that highlights the need for school unification.
From the report, page v.
“... the population of Middletown is expected to increase by 0.40± percent between 2020 and 2025”.
From the report, page vii.
Population: “The town of Middletown experienced a percentage increase in population from 2010 to 2020, which is lower than that of the county or the state. For the period from 2020 to 2025, it is forecast that the percentage population growth in the town will be below that of the county and state.”
Households: “Household growth in Middletown trailed the growth rate of the county and the state growth rates for the time period of 2010-2020, and it is forecast that the town household growth rate will be below that of the state and county through 2025.
“There has not been a significant change in household size...from 2010 to 2020, and the average household size is projected to decrease...by 2025.
From the report, page ix.
Population by Age: “The population in the age category of 65-74 increased from 2010 to 2020 and is expected to increase from 2020 to 2025...”
Median Age. “The median age increased...from 2010 to 2020. Similar trends are projected trough 2025.”
Here is what I take away from this:
The population of Middletown is, and will remain, stagnant for the foreseeable future. Household growth is restricted, and household size is shrinking. The average age of Middletown citizens is increasing.
As families size continues to decline, the number of children of school age will decline as well. Household growth, defined as the number of residences occupied by year-round residents, will decline. As we have witnessed, many single-family homes are now owned out of state second homeowners.
Middletown schools already have declining enrollment. This report confirms that this will continue.
How much more of a decline in student population, not to mention reported unacceptable test scores, is the town council ready to accept? School unification is an imperative.
Antone Viveiros, One Admiralty Drive, Apt. 11, addressed the Council, noting concern that unification should not be done to save money. Mr. Viveiros explained the students need the best possible education, small schools can tailor education to students needs and are just as efficient. Antone Viveiros reviewed RIGL Title 16 and suggests not to do anything until Title 16 has been changed.
Discussion centered around the cost of a Special Election, data information regarding regional schools, Title 16 being a main barrier to proceed with this request, changing Title 16 prior to this request, the issue is about quality education for the children, this item being discussed at previous meetings and sharing of services between the cities and towns.
A vote was taken at this time.
On motion of Councillor VonVillas, duly seconded, that a Special Election be conducted in June 2021 to determine if Middletown voters support the unification of the high schools in Middletown and Newport with an amendment to Title 16 legislation that specified equal representation of both parties, the resulting agreement to be approved by the voters’; Council President Sylvia, Councillor VonVillas and Councillor Welch voted YES to said motion; Vice President Rodrigues, Councillor Flynn, Councillor Santos and Councillor Turano vote NO to said motion; MOTION FAILED TO PASS.
12. Communication of Councillor Turano, re: Transparency – Requiring the Middletown Technical Review Committee and Middletown Economic Development Advisory Committee meetings to be recorded and placed on the website.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano recommended that the Middletown Technical Review Committee and Middletown Economic Development Advisory Committee meetings be recorded and placed on the Town website.
On motion of Councillor Turano, duly seconded, it was voted unanimously that the Middletown Technical Review Committee and Middletown Economic Development Advisory Committee meetings be recorded and placed on the Town website.
13. Communication of Councillor Turano, re: Special Relief for Small Businesses in Middletown.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
Discussion centered around the idea is good, but funding would need to be allocated from somewhere else in the budget and a payment plan can be addressed with the Town if needed by talking to the Tax Assessor.
TOWN ADMINISTRATOR
14. Memorandum of Town Administrator, re: Comparison of Current and Proposed Open Space Scoring Policy.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve the Proposed Open Space Scoring Policy.
BOARDS AND COMMITTEES
15. Rules of the Council. (Suggested Amendments to be reviewed by the Town Council and Town Solicitor – Action on February 16, 2021).
a. Memorandum of Councillor VonVillas, re: Boards & Committees.
b. Memorandum of Councillor Flynn, re: Rules of the Council.
c. Communication of Councillor Welch, re: Alterations to Rules of the Council.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said Council rules.
Councillor VonVillas reviewed her memorandum and suggested changes to the Rules of the Council.
On motion of Councillor VonVillas, duly seconded, that the Council add a question or two to the application specific to the particular board and return to practice of the original rule which provided the option, but does not mandate public interviews.
Discussion centered around if the Town is required to ask the candidates for Planning and Zoning the same questions and adding a question to the applications for the Planning and Zoning Boards.
Councillor VonVillas repeated the motion above.
Councillor Flynn requested that the motion be split into two motions.
Councillor VonVillas withdrew her motion.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to add questions to application for the Zoning and Planning Boards.
On motion of Council President, duly seconded, it was voted unanimously, that certain Boards, Zoning and Planning, be interviewed and any other board the Council deems necessary be interviewed.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to continue this item to February 16, 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:35 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri