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 Tuesday, February 16, 2021 at 6:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Terri Flynn
Councillor M. Theresa Santos arrives at 6:23 pm.
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 SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – February 9, 2021
REGULAR MEETING – FEBRUARY 16, 2021
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 Tuesday, February 16, 2021 – Executive Session at 6:00 P.M; Rules of the Council Immediately Following Executive Session; 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 March 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: 836 3941 0310; or on the web at https://us02web.zoom.us/j/83639410310.
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, 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.
PLEDGE OF ALLEGIANCE TO THE FLAG
RECONSIDERATION
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.
6:00 P.M. – EXECUTIVE SESSION
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 Rodrigues, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:01 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:19 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted to move forward with the AT&T proposal; All Councillors Opposed said motion.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
Rules of the Council – Continued from the February 1, 2021 Regular Meeting – Immediately Following Executive Session
2. Rules of the Council. (Suggested Amendments to be reviewed by the Town Council and Town Solicitor).
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 Rules of the Council.
Councillor Flynn reviewed the following:
Rule 2:
Current: If there is no quorum, the members of the Council present may adjourn from time to time and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by rule of the Council.
SJB: If there is no quorum, there is no meeting.
Recommend: Eliminate the rule to eliminate confusion. It seems an erroneous statement.
On motion of Councillor Flynn, duly seconded, it was voted to forward Rule 2 to the Town Solicitor; Councillor Flynn, Councillor Turano, Councillor VonVillas and Councillor Welch voted YES; Council President Sylvia, Vice President Rodrigues and Councillor Santos voted NO to said motion.
Rule 5
Current: Upon its final passage each ordinance or resolution shall be authenticated by the signature of the Town Clerk and shall be recorded in a book kept for that purpose. Within seven (7) days after final passage, each ordinance shall be published at least once in such a manner as the Council may prescribe by ordinance.
SJB: I am not aware of an ordinance adopted by the Town Council for this purpose. I discussed with Wendy, and we agreed that today's technology did not exist when this rule was adopted, so it was likely more difficult to know when a change occurred.
Recommend: Eliminate the last sentence to eliminate confusion. It is outdated.
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 5 to the Town Solicitor.
Rule 10:
On Screen Document: Rule 10 BEFORE AFTER (Submitted January 19, 202) June 15, 2020 council discussion: https://www.youtube.com/watch?v=KNBwfVH_QnY&t=8397s#t=4h20m32s August 17, 2020 council discussion: https://www.youtube.com/watch?v=pWSr8PhB7k0&t=1s#t=1h8m18s
-Rule added Dec 2, 2002, approved by Councils since then.
-Robert’s Rules states Abstentions are considered votes and are appropriate when member feels they do not have enough information to vote.
-Council follows Robert’s Rules; Rules of Council state additional or exemptions to Roberts Rules.
-Return greater public transparency to the Rules of the Council & reinstate in its original form.
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 10 to the Town Solicitor.
Rule 12:
Current: The President shall propound all questions in the order in which they are moved. Clearer: The President shall put forward all motions in the order in which they are moved.
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 12 to the Town Solicitor.
Rule 16:
“Chairperson” should be “President” (2 occurrences)
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 16 to the Town Solicitor.
Rule 18:
Current: Any resolution of more than one part or section may be passed upon section by section at the request of any member.
Clearer: Any resolution or motion of more than one part or section may be passed upon section by section at the request of any member.
On motion of Councillor Flynn, duly seconded, it was voted to forward Rule 18 to the Town Solicitor; Councillor Flynn, Councillor Turano and Councillor Welch voted YES; Council President Sylvia, Vice President Rodrigues and Councillor Santos and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
Rule 19:
Current: No motion or proposition of the subject different from that under consideration shall be admitted
under color of amendment.
Clearer: No motion or proposition of the subject different from that under consideration shall be admitted by law.
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 19 to the Town Solicitor.
Rule 22:
Current: After a roll call has been ordered there shall be no debate whatever but a member may explain his/her vote.
Clearer: After a call to vote has been ordered there shall be no debate whatever but a member may explain his/her vote.
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 22 to the Town Solicitor.
Rule 24:
“Town Clerk” to replace “Council Clerk”
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 24 to the Town Solicitor.
Rule 25:
“Town Clerk” to replace “Council Clerk” (2 occurrences)
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 25 to the Town Solicitor.
Rule 30:
“Town Clerk” to replace “Council Clerk”
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Rule 30 to the Town Solicitor.
Exihibit A/Paragraph 4:
“Chairperson” should be “President” (2 occurrences)
On motion of Councillor Flynn, duly seconded, it was voted, unanimously to forward Exhibit A/Paragraph 4 to the Town Solicitor.
Exhibit C/third “RESOLVED” from the top:
Current: RESOLVED: That there shall be no debate or discussion by any member Of the Council regarding any item on the Consent Calendar beyond asking questions for simple clarification.
SJB: You have to pull the item off the consent calendar to discuss it because the consent calendar is adopted as a single item.
Recommend: Eliminate this part of Exhibit C to eliminate confusion. It seems an erroneous statement since pulling items from the Consent Calendar is covered in the next paragraph of Exhibit C.
Council noted this request is all set.
Councillor Flynn reviewed the following New Rules.
CONCEPT Rule:
Council members shall bring ideas, proposals, or questions first to the Council, to request Council’s interest in the issue for further pursuit, which may include determining what town resources would be required for additional information desired, followed by a vote whether or not to move forward with that investment.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to forward proposed New Concept Rule to the Town Solicitor.
CONSENSUS Rule:
The Council President shall ask for discussion on each agenda item at the appropriate time; no action shall be taken on Council discussion alone, all decisions, of the whole council shall be verified with a vote of the whole council.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to forward proposed Consensus Rule to the Town Solicitor.
NOTIFICATION Rule:
Town Clerk shall email public notices of the Town, with the exception of court notices, to the Council, including but not limited to Volunteer Vacancies, Public Hearing Notices, etc.; and the same shall also be posted on the Town website Home Page.
On motion of Councillor Flynn, duly seconded, it was voted to forward proposed Notification Rule to the Town Solicitor; Councillor Santos voted NO to said motion.
MEDIA Rule:
If any counselor writes into the paper or posts on social media individually, it shall be signed with their name followed by “Town Council Member.” If the Council by unanimous vote agrees on a statement or a position in the media, it shall be signed by the Council President or other Councilor as agreed, and indicate “by a unanimous vote.”
On motion of Councillor Flynn, duly seconded, it was voted unanimously to forward proposed Notification Rule to the Town Solicitor.
Councillor Welch reviewed the following:
Rules of the Council
#7 Council President Election
I would like to see the procedure allow for all nominee’s names be put on a ballot (could be written on a wipe off board) from which each councilor uses to cast their vote. The voting and discussion would collectively involve all nominated parties.
(Added after the last sentence) All nominees (for president and vice president respectively) will be heard and listed. Ensuing discussion is open to all nominees. Voting will be by written ballot.
On motion of Councillor Flynn, duly seconded, it was voted to forward Rule 18 to the Town Solicitor; Councillor Flynn, Councillor Turano and Councillor Welch voted YES; Council President Sylvia, Vice President Rodrigues and Councillor Santos and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
#25 Public Forum
I would like to eliminate the 15-minute time limit from the passage. If there is enough interest in a matter, and the public is willing to address the council, they have the right to be heard. As I have brought to your attention previously, I reviewed all the minutes from every regular council mtg in 2018 & 2019 to determine how many people spoke at the public forums – the average, as you may recall, was 1.2 people. During 16 of the mtgs no one spoke. Taxpayers deserve to be heard.
Remove: “The entire Public Forum period shall be no longer than fifteen minutes and”
To reflect the new zoom protocols, the method to request permission needs to be changed.
Remove: “Citizens shall submit a written request to speak, noting the subject to be addressed during the public forum, and submit that form to the Council Clerk, prior to the start of the meeting. Citizens who wish to speak during the public forum, must be present, to fill out the public participation form in person. The form may only be submitted to the council clerk, 30 minutes prior to the meeting.”
Add: Citizens may drop off a public participation form request at Town Hall or email their request 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.
(this was taken from the 19 January 2021 Regular Meeting agenda)
(is the public participation request form available online?)
On motion of Councillor Flynn, duly seconded, it was voted to forward Rule 18 to the Town Solicitor; Councillor Flynn, Councillor Turano and Councillor Welch voted YES; Council President Sylvia, Vice President Rodrigues and Councillor Santos and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
#29 Special Meetings
I would like to request input from all councilors regarding the date/time of special meetings in an effort to give everyone the opportunity to be present.
Add: (as a last sentence) Prior to the scheduling of a special meeting, all councilors will be polled to determine the date/time which allows for the highest attendance.
On motion of Councillor Welch, duly seconded, it was voted unanimously to forward Rule 29 to the Town Solicitor.
#30 Council Docket
I would like more information to be required in the docket request thru to the agenda. Specifically, a short list of pertinent facts/dates/expenditures, etc. so everyone is better informed (councilors as well as the public) as to the history surrounding the subject. I am not suggesting a book report, maybe an additional paragraph beyond spelling out the nature of the topic.
Add: (inserted after the second sentence) Requests should also provide a brief history (if applicable) including facts, dates, expenditures, etc. of the item to be carried forward and included in the agenda description.
On motion of Councillor Welch, duly seconded, it was voted unanimously to forward Rule 30 to the Town Solicitor.
On motion of Councillor Flynn, duly seconded, it was voted to add verbiage to Rule 30 to prioritize Planning Board items; Councillor Flynn, Councillor Turano and Councillor Welch voted YES; Council President Sylvia, Vice President Rodrigues and Councillor Santos and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
#33 Zoning/Planning Interviews (in line with Mrs. Santos suggestion)
Add: (as a last sentence) Candidates may not have any real estate or construction business affiliation.
On motion of Councillor Welch, duly seconded, it was voted unanimously to forward Rule 33 to the Town Solicitor.
#34 Executive Session Patdown
I am in favor of eliminating this entire passage. If for no other reason, zoom mtgs make it irrelevant unless we propose to put a detail officer at each councilor’s computer to insure no one takes notes. We all understand the responsibilities of this job.
On motion of Councillor Welch, duly seconded it was voted unanimously to forward Rule 34 to the Town Solicitor.
Lastly, I would like to suggest someone with professional English language skills review the entire council rules document and fix the grammatical errors. Even I, who routinely had my writing assignments marked up in red pen with awk (for awkward) and SP (for mis spelling) can see many errors. As a former, (though non-exemplary) student of hers, I would like to nominate Mrs. VonVillas.
On motion of Councillor Welch, duly seconded, it was voted unanimously to forward the Town Solicitor to review the entire council rules document and fix the grammatical errors.
PUBLIC FORUM
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 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)
Lawrence Frank, 8 O’Donnell Road, addressed the Council noting that during the pandemic we see how low wage jobs and government assistance has exacerbated the need for affordable housing in communities across the country. Mr. Frank explained affordable housing and workforce housing has been a crisis for Middletown for many years; and, when the Council finally began to address this, rather than try to address the issue in a comprehensive way, it formed a committee that was only allowed to address elderly over 55 housing. Mr. Frank noted the Town should establish a committee for affordable housing.
CONSENT
4. Approval of Minutes, re: Regular Meeting, January 4, 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
5. Approval of Minutes, re: Special Meeting, January 7, 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, re: Special Meeting, January 14, 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Regular Meeting, January 19, 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Special Meeting, January 21, 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes.
9. Transfer of Burial Lots, re: Susan Viveiros to Antone Viveiros, Section 56, Lots 26 and 27.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said Transfer of Burial lots.
10. Memorandum of Paul A. Croce, Chairman Planning Board, re: Amendments to Section 301 & 302 Middletown Rules and Regulations Regarding the Subdivision and Development of Land regarding conservation development submission requirements. (Council approval for this item allows for the required advertising for a future public hearing)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and advertise for public hearing.
11. Petition of National Grid, re: Purgatory Rd -National Grid needs to install a new stub pole, #27-S Purgatory Rd. in a new Location to support existing pole #27. Pole 7 requires additional support due to upgrade of existing utility on Kane Ave. (Council to forward to Roads and Utilities for review and recommendation.)
On motion of Vice President Rodrigues, duly seconded, it was voted to receive said petition and refer to the Roads and Utilities Advisory Committee for review and recommendation.
Discussion centered around what a JO Pole is, where the pole will be located and Councillor Welch will get more information regarding this request from the Roads and Utilities Advisory Committee.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said petition and refer to the Roads and Utilities Advisory Committee for review and recommendation.
12. Application of Laurin Enterprises dba Gold’s Auto Wrecking Co., 113 Fenner Avenue for RENEWAL of a Junk Dealer’s License for the 2020-2021 licensing year.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
TOWN COUNCIL
Councillor Flynn recused herself from acting on the following item#13 of business, due to a possible conflict of interest.
Councillor Turano recused himself from acting on the following item#13 of business, due to a possible conflict of interest.
Town Solicitor Peter B. Regan recused himself from acting on the following item#13 of business, due to a possible conflict of interest.
13. 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.
Councillor Welch noted the following:
STR Discussion 16 Feb 2021
(TPW)
Town survey identified 4 major complaints regarding STR:
Noise, parking, disrespectful behavior and trash
· The Council recognized these problems and vowed to make changes to address the issues raised in time for the upcoming beach season
· Ideas floated to deal with problems included: looking at changes to the STR ordinance, investigating alterations to property tax structures and taking look at how well we are enforcing the current regulations.
· This agenda item references “The historic issues with STRs has clearly demonstrated costly OT demands on our public services and they create havoc in our neighborhoods” I tried to find basis for these statements but found it impossible given the records we currently keep.
· I went through the last 3 years of parking and noise complaint police logs along with the current list of registered STR – some of the conclusions were:
· The complaint logs do not have any indication of whether or not the address in question is a short-term rental, (therefore there is no way of knowing if the owner lives on the premises or not) nor do they indicate if a citation was issued, so that means no info on the amount of the fine or if this was a case of multiple offenses.
· I cross referenced the 2019 noise complaint log (as it was the last summer unaffected by COVID) against the STR log and found that of the 83 logged complaints from May thru Sept, twenty two were to STR properties (of those 22, roughly half of them were owner occupied – half, the owner did not live on the premises) but 74% of the complaints came from properties that were not STRs
· It would have taken hours to attempt to cross ref the noise and parking logs against the STR list – so I didn’t. As a point of information, the logs were from 2018, 19 & 2020. The numbers of noise complaints were 82, 84 and 124 respectively whereas the parking complaint numbers for the same summer period were 170 in 18, 204 in 2019 and 344 in 2020.
· No where could I find overtime costs directly associated to STR
· The take way for me was we need to compile some good data to accurately target the problem areas.
· This means deciding on the necessary data points and coordinating the PD with the zoning office to track the information.
· This data should include whether or not the property involved in a complaint is a STR, if it is owner occupied, a running tally of complaints by address and citations issued including dollar amount of any fines.
· Speaking of fines, the current ordinance says any violation is subject to a fine of not more than $1000/day for each day the violation continues. We need to break this out to make it easier to enforce – perhaps a subset of fines by violation – for example 1st noise offense $150, second offense $250, third offense $500 and revocation of STR registration.
· I realize ordinance changes require an additional process. I would seek advice of the solicitor to see if we could just further define the penalties for noncompliance, while maintaining the $1000/day max language
· In the big picture here, I do not believe the way forward is to change the ordinance on STRs at this time. I will agree that there are a number of revisions that are needed to make the ordinance easier to follow for the STR owner and easier for the town to enforce. I believe the first step is to enforce the rules we have and collect good data over the upcoming summer season that we then can use to make concise, fact-based changes to the ordinance in the off season.
· As I have said, I suggest creating a full time STR officer position in the town. By having a single person as a point of contact to address all issues pertaining to STRs, we can enjoy all the positive effects of the tourists while safeguarding the quality of life for our residents.
· I propose the responsibilities of the new position include: daily updating of information from police activities, an ongoing effort to identify STR that are not registered, the maintenance of the list of all registered STRs on the town website for anyone to access, respond to email inquiries having to do with complaints, questions, requests for information, etc. This person would handle the administration of new STR applications as well as renewals, perform property inspections as part of new registrations and annual inspections of current STRs. I think it would also be beneficial to coordinate with our public information officer, Matt Sheley to put out reports on how the new approach is working.
· The first year would be a pilot program; we provide a decent framework of minimum job responsibilities which we tweak along the way.
· The first year there is heavy emphasis on data collection – once the necessary programs are in place and PD learns how to deliver the required information efficiently this facet of the job will require less effort going forward.
· How much/ how to pay for the position? I asked people familiar with this type of work for a ballpark annual salary and the $60 range seemed to be the average. Funding? The registration of the 203 STRs currently on the list (conservatively guessing at an average of 2 bedrooms) brings in just under $22K, tapping the rumored 150 unregistered properties would add 16,500 – so this annual revenue represents over half of the position’s salary. Data from Host compliance reported the town received $54K from the state for taxes remitted from STR operators for the first 3 months of the fiscal year 2019-2020. So there is town revenue generated from STR.
· The work week of the new STR position should also be considered. Perhaps a Tuesday thru Saturday approach would make more sense.
· The SRT officer could respond to complaints during the work schedule hours and MPD would respond on multiple calls, and after hours.
Just to be clear, I am not suggesting we hire another person for the Zoning Office – I believe we are still short staffed in the building/zoning office due to recent retirements etc., The position I want is new – with its own set of responsibilities.
In conclusion, I suggest we identify and remedy the existing enforcement issues. I believe a STR officer can coordinate data collection, deal with the administration of STR registrations as well as shoulder some of the enforcement burden. The officer will be the point of contact for all STR issues which will, over time, result in better adherence to the rules which will decrease complaints and improve the quality of life for our residents.
John Bagwill, 587 Tuckerman Avenue, addressed the Council noting concern with the timeframe set for the short-term rental in the ordinance.
Sara Minor, 7 Coggeshall Circle, addressed the Council, noting agreement with most of what Councillor Welch shared. Ms. Minor suggests the Council be cautious removing the age of 12 years and under, which could make for larger parties.
James Redfearn, 275 Green End Avenue, addressed the Council, noting the short-term rental next to his home is a nuisance. Mr. Redfearn suggests enforcement of Town ordinances for short-term rentals.
Lawrence Frank, 8 O’Donnell Road, addressed the Council thanking them for the proposal, but noted there is not enough enforcement of the Town ordinances.
Discussion centered around the vast majority of Short-Term Rentals follow the Town ordinances, noise reading device for Short Term Rentals and the Building Official and Police Department working together regarding Short Term Rental enforcement.
Dr. John Hayes, 446 Purgatory Lane, addressed the Council noting that he screens his tenants and owners of short-term rentals should be responsible for their tenants. Dr. Hayes expressed concern that short-term rentals are an easy mark to raise revenue.
Council President reviewed the following outline:
Draft an amendment to Town Code Section 98.08 that increases the fee to register each bedroom in the dwelling unit to $500 with a minimum fee of $500, and the fee for premises on which the owner maintains their principal residents to $500
Research and draft an amendment to Town Code Chapter 98 that allows the Town to hold both the property owner and tenant responsible, where permissible, for violations related to, e.g., overcrowding, noise, parking, etc.
Draft an amendment to Town Code Section 98.99 that sets a $500 per day minimum fine that may be assessed
Direct the Solicitor to draft an amendment to Town Code Chapter 98.99 to provide for notices of violation if their property has two or more violations related to overcrowding, noise, or parking within a 12-month period
Draft an amendment to Town Code Chapter 98.09 that removes the ’12 years of age’ exemption
Draft an amendment to Town Code Chapter 98.12 to require the record owner’s local representative to be located within Newport County, and require the record owner or local representative to respond within sixty minutes
Draft an amendment to Town Code Chapter 98.09 that prohibits tenant and guest parking on the lawn at all times
Direct the Town Administrator to prepare a user-friendly short-term rental handbook and a protocol for its distribution to landlords, tenants, and abutting property owners, which outlines short-term rental rules & regulations, summary of ordinances most likely to affect short-term renters, phone numbers, etc.
Authorize the Town Administrator to hire an additional zoning enforcement officer with job responsibilities specific to enforcing the ordinance, rules, and regulations related to short term rental activity
Discussion centered around enforcement of the Short Term Rental ordinances, raising the registration fee of a Short Term Rental, residents running businesses from their homes, subsidizing a new position with Short Term Rental fees, assessed fines to be $1,000 for both the landlord and tenant, the age changing from 12 years of age exemption to 5 years of age, an owner or local representative responding within 30 minutes of a call and the cost of an additional employee for Short Term Rental enforcement.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to draft an amendment to Town Code Section 98.08 that increases the fee to register each bedroom in the dwelling unit to $500 with a minimum fee of $500, and the fee for premises on which the owner maintains their principal residents to $500; Research and draft an amendment to Town Code Chapter 98 that allows the Town to hold both the property owner and tenant responsible, where permissible, for violations related to, e.g., overcrowding, noise, parking, etc.;Draft an amendment to Town Code Section 98.99 that sets a $1000 per day minimum fine that may be assessed to the owner and tenant
Direct the Solicitor to draft an amendment to Town Code Chapter 98.99 to provide for notices of violation if their property has two or more violations related to overcrowding, noise, or parking within a 12-month period; Draft an amendment to Town Code Chapter 98.09 that amends the ’12 years of age’ exemption to 5 years of age; Draft an amendment to Town Code Chapter 98.12 to require the record owner’s local representative to be located within Newport County, and require the record owner or local representative to respond within thirty minutes; Draft an amendment to Town Code Chapter 98.09 that prohibits tenant and guest parking on the lawn at all times; Direct the Town Administrator to prepare a user-friendly short-term rental handbook and a protocol for its distribution to landlords, tenants, and abutting property owners, which outlines short-term rental rules & regulations, summary of ordinances most likely to affect short-term renters, phone numbers, etc.; And Authorize the Town Administrator to hire an additional zoning enforcement officer with job responsibilities specific to enforcing the ordinance, rules, and regulations related to short term rental activity, which will be drafted into an ordinance.
Councillor Flynn and Councillor Turano returned to the meeting.
14. Memorandum of Council President Sylvia and Vice President Rodrigues, re: Property Tax Discussion.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia noted that the current taxing method could be right or could be wrong, this is just a conversation.
John Bagwill, 587 Tuckerman Avenue, addressed the Council noted may be a good time to reintroduce and get serious about the homestead exemption. Mr. Bagwill explained a lot of work has been done; it has not been brought to a conclusion. Mr. Bagwill noted it would be a way to give a tax break to those homeowners who claim their home as their principal residence and suggests proceeding and have George Durgin complete the calculations to present a plan to the Council.
Councillor Flynn reviewed the following:
On motion of Councillor Flynn, to table the docket item until the Council President and Vice President Rodrigues can present the data that has been collected to date already
Discussion centered around what tax methods the Council has already discussed, if any Councillor wants to put a tax suggestion on a future docket and deciding what the problem is that the Council would like to resolve regarding tax methodology.
A vote was taken at this time.
On motion of Councillor Flynn, duly seconded, it was voted to table the docket item until the Council President and Vice President Rodrigues can present the data that has been collected to date already; Council President Sylvia, Vice President Rodrigues, Councillor Santos and Councillor VonVillas voted NO; Councillor Flynn, Councillor Turano and Councillor Welch voted YES to said motion; MOTION FAILED TO PASS.
15. Memorandum of Councillor Welch, re: Committee to be formed – To develop and implement a public relations (PR) campaign to raise awareness of and adherence to the rules for dogs on the beach.
16. Memorandum of Councillor Flynn, re: Housing Opportunities.
17. Memorandum of Councillor Flynn, re: Short-Term Rental Data.
18. Memorandum of Councillor Flynn, re: Parking Ordinance.
TOWN ADMINISTRATOR
19. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 12/31/2020 – Town of Middletown.
20. Memorandum of Finance Director, re: Financial Report – Six Months Ended December 31, 2020.
21. Memorandum of Town Planner, re: Response to Request for Information (RFI) for West Main/Coddington Development.
ADDENDUM POSTED – FEBRUARY 10, 2021
TOWN ADMINISTRATOR
21a. Executive Order 2021-02 Extension of State of Emergency in Middletown through and including March 15, 2021.
BOARDS AND COMMITTEES
22. Appointment of one (1) member to the Aquidneck Island Planning Commission, term expiring December 2023.
23. Appointment of one (1) member to the Board of Canvassers – Bi-Partisan Board, Democrat or Republic Representative, term expiring March 2026.
24. Appointment of four (4) members to the Middletown Economic Development Advisory Committee, terms expiring January 2026.
25. Appointment of two (2) members to the Middletown Planning Board, two (2) vacancies terms expiring February 2024. (Council Rule #33 - The Council collectively interview applicants wishing to be appointed to the Zoning and Planning Boards; (Council may waive the requirement for reappointments; all new applicants shall be interviewed prior to appointment.)
26. Appointment of four (4) members to the Roads and Utilities Advisory Committee, two (2) vacancies, professional members, terms expiring January 2024, one (1) vacancy, resident member, term expiring January 2024 and one (1) vacancy, resident member term expiring March 2024.
27. Appointment of two (2) members to the Senior Citizens Board of Directors, two (2) vacancies term expiring January 2024 and one (1) vacancy term expiring January 2022.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reappoint Marian C. Rodrigues and Pamela Rooney for terms expiring January 2024.
28. Appointment of one (1) member to the Tax Assessment Review Board – Bi-Partisan Board, Democrat or Republic Representative, term expiring October 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 10:33 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri