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 Thursday, February 25, 2021 at 6:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues, arrives at 6:28 p.m.
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 WERE CONTINUED FROM THE REGULAR MEETING HELD ON TUESDAY, FEBRUARY 16, 2021.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – February 17, 2021
SPECIAL MEETING – FEBRUARY 25, 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 Special meeting to be held on Thursday, February 25, 2021 – Special Meeting at 6:00 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: 893 7316 0652; or on the web at https://us02web.zoom.us/j/89373160652.
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.
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 noted that on March 9, 2021, there will be a Special Meeting regarding the Short-Term Rentals and on March 11, 2021, there will be a Special Meeting regarding Senior Housing. The next Regular Meeting is on March 15, 2021, any items not completed on that date will be addressed at a Special Meeting on March 18, 2021.
1. Memorandum of Council President Sylvia and Vice President Rodrigues, re: Property Tax Discussion.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia noted that this item is on the agenda for general discussion. Council President Sylvia explained there is a need to make Middletown attractive for younger families.
Discussion centered around making taxes more predictable for residents, property values in the town are not in line, some changes to the tax methodology require enabling legislation, all property taxpayers receive the same Town services and the RIPEC document.
John Bagwill, 587 Tuckerman Avenue, addressed the Council noting that taxes are based on property values, explaining MEDAC had made suggestions for a homestead exemption or taxing investment properties at a commercial rate. Mr. Bagwill suggests the item requires more discussion.
Discussion centered around businesses in residential neighborhoods and if there is a need for a special meeting to discuss this item.
Council President Sylvia announced - March 9, 2021, there will be a Special Meeting regarding the Short-Term Rentals and on March 11, 2021, there will be a Special Meeting regarding Senior Housing. The next Regular Meeting is on March 15, 2021, any items not completed on that date will be addressed at a Special Meeting on March 18, 2021.
2. 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.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Welch reviewed the memorandum above.
Discussion centered around the support for the campaign, tweaking the signage at the beach regarding the dogs on the beach, educating the public regarding Town ordinances for dogs on the beach; the Police Department, Beach Commission, Councillor Welch and Volunteers working together supporting this proposed campaign and the increased enforcement of the ordinances after the beach is closed.
Council President Sylvia announced - March 9, 2021, there will be a Special Meeting regarding the Short-Term Rentals and on March 11, 2021, there will be a Special Meeting regarding Senior Housing. The next Regular Meeting is on March 15, 2021, any items not completed on that date will be addressed at a Special Meeting on March 18, 2021.
3. Memorandum of Councillor Flynn, re: Housing Opportunities.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to schedule a public hearing regarding this topic.
Town Solicitor Peter B. Regan recused himself from acting on item #4, due to a possible conflict of interest.
4. Memorandum of Councillor Flynn, re: Short-Term Rental Data.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia announced that there is a public meeting on March 9, 2021 regarding Short-Term Rentals, tonight the only discussion will be on short-term rental data.
Sara Minor, 7 Coggeshall Circle, addressed the Council noting that she would like to better understand the dollar figure that's been collected annually from the short-term rental registration fees, specifically for the last five years.
Chuck Bodemann, 19 White Terrace, addressed the Council inquiring the actual number of short-term rentals registered and if the information can be made public.
Rick Medeiros, 52 Tuckerman Avenue, addressed the Council, inquiring what are the actual number of proven violations of the Town ordinances by short-term rentals.
Trisha Onofrio, 190 Bramans Lane, Portsmouth, addressed the Council inquiring the definition of owner occupied in the Short-Term rental ordinance.
Dustin Varnell, 54 Warren Avenue, addressed the Council inquiring the fee for a contract-based company to do Short-Term rental work verses hiring a full-time pensioned employee for the Town.
Leon Amarant, 60 Island Drive, addressed the Council inquiring if the twenty-two noise complaints were different short-term rental addresses or were all the complaints for all the same address.
Mike Toppa, 71 Aquidneck Avenue, addressed the Council inquiring if the town has any hard data that would determine the percentage of town resources and infrastructure, not just limited to schools, fire department, police department, emergency response, trash and recreational facilities that can be attributed to Short-term rentals, given that they only use the facilities four to six months a year versus the full time Middletown population.
Beth Rushlow, 32 Ellery Avenue, addressed the Council requesting information regarding what the fiscal year figure was for the 1% taxes collected for short term rentals sent to Middletown. Mrs. Rushlow also requested to have access to the last three years of data showing the 1% collected by the town from the short-term rentals.
Olga Tragesser, 71 Aquidneck Avenue, addressed the Council, requesting the number of short-term rentals in the Town.
Chris Sousa, 708 Mitchell’s Lane, addressed the Council noting he was irritated that the gentleman was harassed on Green End Avenue by a short-term rental. Mr. Sousa suggests big fines for violators of the short-term rental ordinance. Chris Sousa also noted there are 185 homes registered legally, 308 that were identified by host compliance which is a 60% registration rate. Mr. Sousa explained there are 185 registered properties which have a combined 622 bedrooms, an average of 3.36 bedrooms per rental, total assessed property value of the 185 registered short-term rental properties is $133,293,900 million. Mr. Sousa reviewed additional data regarding short-term rentals.
David Dittmann, 44 Ocean View Drive, addressed the Council, noting that Sara Minor requested an analysis of last three to five years of revenue from the 1% of the 8% in hotel tax revenue, plus the per bedroom charge. Mr. Dittmann also requested violations given and received as part of the revenue of the for the last three to five years.
John Bagwill, 587 Tuckerman Avenue, addressed the Council noting the definition of Short-Term rental is 6 months or less, the state defines a Short-term rental as 30 days. Mr. Bagwill inquired how much money has been collected from short-term rentals and how many registrations are owner occupied.
Discussion centered around getting short-term rental data to the public, the information will be posted with the March 9, 2021 agenda, data of short-term rentals calls supplied by the Police Department and that most short-term rentals are already under contract for this season.
5. Memorandum of Councillor Flynn, re: Parking Ordinance.
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 unanimously to postpone this item to the second meeting in April.
6. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 12/31/2020 – Town of Middletown.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication and report.
Finance Director Marc Tanguay reviewed the communication above.
7. Memorandum of Finance Director, re: Financial Report – Six Months Ended December 31, 2020.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the communication above.
8. Memorandum of Town Planner, re: Response to Request for Information (RFI) for West Main/Coddington Development.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to continue this item to the March 15, 2021, Regular Meeting of the Council.
9. Executive Order 2021-02 Extension of State of Emergency in Middletown through and including March 15, 2021.
On motion of Vice President Rodrigues, duly seconded, to extend the State of Emergency in Middletown through and including March 15, 2021.
Discussion centered around the Town Council returning to Town Hall for meetings, when Town Hall will be open to the public, some people will still need to use zoom for meetings, social distancing during Town Hall meetings and any Councillor that does not wish to attend in person Council meetings may zoom into the meeting.
On motion of Councillor Santos, duly seconded, it was voted to have the Regular Town Council meetings in the Town Council Chambers; Vice President Rodrigues, Councillor Santos, Councillor Turano and Councillor VonVillas voted YES; Council President Sylvia, Councillor Flynn and Councillor Welch voted NO to said Motion.
A vote was taken for the Executive Order at this time.
On motion of Vice President Rodrigues, duly seconded, to extend the State of Emergency in Middletown through and including March 15, 2021; Vice President Rodrigues and Councillor Santos voted NO to said motion.
10. Appointment of one (1) member to the Aquidneck Island Planning Commission, term expiring December 2023.
On motion of Vice President Rodrigues, duly seconded, it was voted to reappoint Richard Adams to the Aquidneck Island Planning Commission for a term expiring December 2023; Council President Sylvia and Vice President Rodrigues voted NO to said motion.
11. Appointment of one (1) member to the Board of Canvassers – Bi-Partisan Board, Democrat or Republic Representative, term expiring March 2026.
Councillor Flynn nominated Elizabeth Morancy
Councillor Santos nominated Carmella Murphy
Councillor Welch nominated Kathleen Silveira
A vote was taken to appoint Elizabeth Morancy; Councillor Flynn, Councillor Turano and Councillor Welch voted YES to said motion; Council President Sylvia, Vice President Rodrigues, Councillor Santos and Councillor VonVillas voted NO; MOTION FAILED TO PASS.
A vote was taken to reappoint Camella Murphy; Council President Sylvia, Vice President Rodrigues, Councillor Santos and Councillor VonVillas voted YES; Councillor Flynn, Councillor Turano and Councillor Welch voted NO; Carmella Murphy was reappointed to the Middletown Board of Canvassers for a term expiring March 2026.
12. Appointment of four (4) members to the Middletown Economic Development Advisory Committee, terms expiring January 2026.
Councillor Welch nominated Thomas Kowalczyk, David Lepore, David Dittmann and Stephen Huttler.
Councillor Turano nominated Thomas Kowalczyk, Robert Silva, David Lepore and David Dittmann.
A vote was taken to reappoint Thomas Kowalczyk, reappoint David Lepore, appoint David Dittmann and appoint Stephen Huttler; Councillor Flynn, Councillor VonVillas and Councillor Welch voted YES; Council President Sylvia, Vice President Rodrigues, Councillor Santos and Councillor Turano voted NO to said motion; MOTION FAILED TO PASS.
A vote was taken to reappoint Thomas Kowalczyk, reappoint David Lepore, reappoint Robert M. Silva and appoint David Dittmann; Council President Sylvia, Vice President Rodrigues, Councillor Flynn, Councillor Santos, Councillor Turano and Councillor VonVillas voted YES; Councillor VonVillas and Councillor Welch voted NO to said motion.
13. 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.)
On motion of Council President Sylvia, duly seconded, to schedule interviews for the Planning Board on April 5, 2021.
Discussion centered around the Council is to send the Town Solicitor questions, which he will compile the questions and forward them to the Town Clerk to send out for the applicants to answer prior to the interview.
A vote was taken at this time.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to schedule interviews for the Planning Board on April 5, 2021.
14. 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.
On motion of Councillor Welch, duly seconded, it was voted unanimously to reappoint
Thomas Darby, resident member, term expiring January 2024, reappoint William J. DiMarco, resident member, term expiring March 2024, reappoint John R. Mello, Jr., professional member, term expiring January 2024 and reappoint Julian F. Peckham, III, professional member, term expiring January 2024 to the Roads and Utilities Advisory Committee.
15. 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.
16. 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 appoint Noelle Shiland to the Tax Assessment Review Board for a term expiring October 2023.
Council President Sylvia announced - March 9, 2021, there will be a Special Meeting regarding the Short-Term Rentals and on March 11, 2021, there will be a Special Meeting regarding Senior Housing. The next Regular Meeting is on March 15, 2021, any items not completed on that date will be addressed at a Special Meeting on March 18, 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to adjourn said meeting at 8:56 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri