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, July 19, 2021 at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
All Council members were present, with the exception of Councillor Flynn who joined the meeting by zoom.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
AMENDED – POSTED – JULY 14, 2021
POSTED – JULY 13, 2021
REGULAR MEETING – JULY 19, 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 Monday, July 19, 2021; 6:00 P.M. Executive Session; 7:00 P.M. Regular Meeting - 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 July 23, 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: 845 6528 0734; or on the web at https://us02web.zoom.us/j/84565280734
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.
Councillor Flynn recused herself from acting on item #1, (4) Investigative Proceedings, due to a possible conflict of interest.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) (Potential Litigation), (1) Collective Bargaining (Teamsters), (4) (Investigative Proceedings), and (1) Personnel (Fire Chief) - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:36 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Fire Chief’s contract as presented by the Town Administrator.
On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
Council President Rodrigues inquired if the Council would like to act on item #28 first or keep the current order of the agenda.
It was the consensus of the Council to keep the current order of the agenda.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 6:39 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 7:04 pm.
2. At the request of Council President Rodrigues, Citation of the Council, re: Middletown High School Islander Boys Baseball Team.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Council President Rodrigues and Vice President Welch left the dais to present a citation to the Middletown High School Islander Boys Baseball Team in recognition of their accomplishment as Division II State Champions 2021.
The Middletown High School Islander Boys Baseball Team and Coaches were present to receive the citation.
Council President Rodrigues read the following into the record.
Middletown Varsity Baseball – 2021 D II State Championship Team
The 2021 team went 10 – 3 during the regular season. That record gave them a share of the D II A division title.
The Division Title was the sixth in school history!
1974, 1975, 1985, 2010, 2019 and now 2021!
The Team finished the season winning 8 straight games. The Last two regular season games and 6 straight playoff games.
The winning streak led to Middletown High School winning the 2021 Division II Varsity Baseball State Championship.
The 2021 State Championship is the first in school history!
The teams overall record of 16 -3 ranked them first in the state on Maxpreps, an online web ranking site.
Overall, the team scored 127 runs while only giving up 33.
In the six straight wins during the playoffs – MHS’s pitching, and defense threw 5 shutouts in 6 games!
In the six straight wins during the playoffs MHS outscored their opponents 31 to 2!
Council President Rodrigues introduced the MHS Baseball Team Players and Coaches:
Patrick Andrade
Ryan Andrade - Captain
Pierce Clare - Captain
Caleb Leys - Captain
Doug Madden
John Mello
Ben Nelson
Justin Theriault
Jimmy Zhany
Kenny Firlings
AJ Medina
Matt Williams
Noah Leys
Jacob Mello
Scott Cooper
Brandon Venancio
Rafael Chacon
Caleb Cinquegrana
Coach Eric Godin
Coach Kevin Clare
Coach Ryan Long – Was not in attendance.
Council President read the following citation into the record and presented the MHS Varsity Baseball Team with a bat.
Council President Rodrigues recognized Coach Eric Godin, Coach Kevin Clare and Coach Ryan Long.
Coach Eric Godin thanked the Council for their support, and the Police and Fire Departments for their escort of the Baseball Team. Mr. Godin also recognized Peter Connerton’s Family.
Coach Godin was presented with a picture of the team carrying him after the win.
Council President Rodrigues noted that the team will have a bond that will never go away.
President Rodrigues presented Team Captain Ryan Andrade with the following citation in recognition of being named Rhode Island Baseball Player of the Year 2021.
Council President Rodrigues review Team Captain Ryan Andrade’s stats.
Team Captain Ryan Andrade noted that he would not have been able to do this without his teammates.
State Representative Deborah L. Ruggiero and State Representative Terri-Denise Cortvriend presented the MHS Varsity Baseball Team with a State Citation in recognition of their accomplishment as Division II State Champions 2021.
3. Memorandum of Eric Godin, re: Request for support to purchase Varsity Baseball State Champion Jackets.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and authorize a donation of $1890.00 for Varsity Baseball State Champion Jackets from the Council President’s Discretionary Fund.
4. Memorandum of Councillor Flynn, re: Local Business Recognition – Clementine’s and Newport Vineyards.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
5. Citation of the Council, re: Clementine’s Ice Cream Shop.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Warren and Jess Sternberg, owners of Clementine’s Ice Cream Shop, were present to accept the Council citation.
Council President Rodrigues presented the citation and Town Tile to Clementine’s Ice Cream shop in recognition of being named Food Network Magazine’s Best Ice Cream in the State.
6. Citation of the Council, re: Newport Vineyards.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Paul Nunes from Newport Vineyards was present to accept the Council citation.
Council President Rodrigues presented the citation and Town Tile to Newport Vineyards in recognition of being named Best in Show in the Dry Rose’ Category at THE Rose’ Competition 2021.
7. Memorandum of Town Administrator, re: Town Business Updates.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
8. 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 spoke during this session.
9. (Public Hearing Advertised)
Application of Mission LLC dba Mission, 58 Aquidneck Avenue, to Upgrade Alcoholic Beverage License from a Class BL to a Class BV.
Public Hearing was declared open.
Council President Rodrigues noted that he spoke with the Town Clerk, explaining just recently the Town Council had increased the Class B Liquor License cap from 39 to 40. Council President Rodrigues noted this request is not an increase to the cap, it is just an upgrade from BL Beer and Wine to BV a Full Liquor license.
There being no other persons present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said upgrade of the Alcoholic Beverage License from Class BL to Class BV.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
10. Approval of Minutes, re: Special Meeting, May 26, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
11. Approval of Minutes, re: Regular Meeting, June 7, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
12. Approval of Minutes, re: Special Meeting, June 15, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
13. Application of Michaels Stores, Inc dba Michaels #3711, 1350 West Main Road for RENEWAL of a Holiday License for the 2021-2022 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
14. Application of Boston Culinary Group, Inc. dba Island Cinemas 10, 866 West Main Road, for a RENEWAL of an Amusement License for the 2021-2022 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
15. License of Burial, re: Jeffrey Lemler and Barbara Lemler – Section 16, Grave 12.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of burial.
16. Applications four (4) Special Event Permits from Sweet Berry Farm, 915 Mitchell’s Lane 1) John Bagwill’s 90th Birthday in the Barn to be held on Sunday, August 8, 2021 from 5:00 pm to 9:00 pm 2) Winsor/Shepherd Wedding in the Barn to be held on Saturday, August 28, 2021 from 5:00 pm to 10:00 pm 3) Canuel/Bertocini Wedding in the Barn to be held on Friday, October 1, 2021 from 5:00 pm to 10:00 pm and 4) Baril/Bischoff Wedding in the Orchard Field to be held on Saturday, October 23, 2021 from 4:30 pm to 9:30 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permits.
17. Application for Special Event Permit from Temple Shalom, 223 Valley Road for Temple Shalom Family Shabbat & Picnic, Kid oriented religious service & picnic to be held on Friday, August 6, 2021 from 6:00 pm to 8:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
18. Applications two (2) for Special Event Permits from AmpSurf a 501(c)(3) nonprofit organization for 1) VA (New England) Summer Sports Clinic to promote rehabilitation through sporting activities to be held at Sachuest Beach, Path 8 on Tuesday, July 20, 2021 and Wednesday, July 21, 2021 from 8:00 am to 4:00 pm (Applicant requests fees to be waived) and 2) Adaptive Surf Clinic to introduce veterans, amputees and special needs children to benefits of ocean therapy to be held at Sachuest Beach, Path 8 on Saturday, September 11, 2021 from 7:00 am to 1:00 pm. (Applicant request fees to be waived)
On motion of Vice President Welch, duly seconded, to grant said special event permits and waive fees.
Discussion centered around receiving a master list of events held at the beach, the applicant’s Certificate of Insurance for the event and that the Town is comfortable with the insurance amount filed by the applicant.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permits and waive fees.
19. Application of Synchronicities, LLC for Special Event Permit for Over/Under Movie Film to be held at 35 Warren Avenue on Tuesday, July 27th, 2021 at 8 am to 8 pm.
On motion of Vice President Welch, duly seconded, to grant said special event permit.
Council President Rodrigues read the following into the record:
The filming will be done on the exterior of our 1 bedroom cottage at 35 Warren Ave. We have owned the property for 25 years, lived there for 7 years and manage it closely. We live in Portsmouth and will be on site the day of the filming.
There are no plans to close the street. The producers have been in touch with the Middletown Police and Fire Depts and no concerns have been raised. The filming is outdoors and one day only.
Parking: The producers have made arrangements for additional parking at Aquidneck School. We have 6 rental units on our property with a large parking area. Three of our units will be empty the day of the filming due to breaks in between short term rentals and one unit in the midst of a renovation. There will be no on-street parking
I have reached out to our neighbors to make them aware of the filming and there have been no objections. In fact, they all thought it was exciting and were very supportive. These neighbors include Amy Phelps on the south side of our property, the neighbors across the street Jack Parente, Camille Marcello and Terri Flynn. Our neighbor on the north side, Julia Coreiro, has not answered her phone and she lives in Cranston. I will be in contact with her tenants when they are home. As the street will not be shut down and there will be no on street parking I do not think there will be much disruption to the neighbors.
The movie is a very sweet story about two pre-teen girls growing up to together in the summer in New England. The actors being filmed will be children. I have attached a deck of slides with some photos and synopsis of the story.
Grace West, Providence, RI (present by zoom to answer Council inquires), Co-Producer of the movie and applicant, addressed the Council noting that they have met with neighbors regarding the filming, and everyone is in support. Ms. West explained the actors are children and can only work seven-hour days. Grace West noted there is additional parking for the filming at Aquidneck School, people will be shuttled to the site or can walk the seven minutes to and from Aquidneck School.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
20. Application of the Town of Middletown for Special Event Permit for the Monday Night Music Series - Live Music, Firepits, Food Trucks to be held on Monday, August 2nd, 9th, 16th, 23rd, 30th, 2021 beginning at 6:00 pm. to 9:00 pm at Sachuest Beach; August 30, 2021 includes Fireworks. (Town Event all fees to be waived)
On motion of Vice President Welch, duly seconded, to grant said special event permit and waive fees.
Discussion centered around the events are fun for the community, Discover Newport has donated to the fireworks display for August 30, 2021 and food vendors for the event are handled by Will Cronin, Facilities Manager, for the Town.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit and waive fees.
21. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code Title XI, Chapter 113, entitled “Food Services” is amended by (1) adding a definition for “ice-cream truck” to Section 02, entitled “Definitions”; and (2) amending provision (C) of Section 04, entitled “Restrictions on Permits”,
Council President Rodrigues reviewed the ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
22. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 34 Taxes, Section 34.30, Real Property Exemptions. (Tax Exemptions for Veterans)
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Discussion centered around the changes allow residents to receive the same exemption as 2020 and that exemptions should be reviewed by the Administration.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
23. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 34 Taxes, Section 34.40, Real Property Exemptions. (Tax Exemptions for Blind Persons)
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Council President Rodrigues requested that the Administration review this ordinance also.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
24. (Continued from the July 6, 2021, Regular Meeting)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 34 Taxes, Section 34.02, Exemption on Residential Property.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Councillor Santos inquired if residents that currently receive this exemption have to re-apply yearly for the exemption.
Town Administrator Shawn Brown responded no to Councillor Santos inquiry.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
25. Email communication of Rick Lombardi, re: Chases Lane.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
Rick Lombardi, 6 Orville Drive, addressed the Council reviewing his email communication above. Mr. Lombardi requests the Council to enact a similar truck restriction like the one on Turner Road.
Discussion centered around if there were currently zoning restrictions that did not allow Home Depot to receive deliveries from Chases Lane, the traffic calming improvements that were made on Chases Lane and the Town Administrator will investigate the issue and bring back information at the next Council meeting.
26. Communication of Mike Miller, CEO, Newport County YMCA, re: Request for waiving or reducing fees for the Building Permit and/or Development Impact Fee as a contribution to the YMCA project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Attorney Robert Silva and Executive Director of the YMCA Michael Miller were present to answer Council inquiries.
Attorney Robert Silva addressed the Council explaining the process followed by the YMCA to expand the facility. Mr. Silva is asking the Town Council for relief of the fees for the last two permits required by the YMCA.
Executive Director Michael Miller addressed the Council reviewing the above communication.
Discussion centered around that the YMCA is non-profit, the YMCA does not pay taxes to the Town, granting this request is not a good precedence, other non-profits may have the same request and the Council cannot ask the taxpayers to fund this request.
Attorney Robert Silva requested the Council to at least consider waiving the impact fees.
Council President Rodrigues, responding to Attorney Robert Silva, explained that all taxpayers/residents need to be treated equally.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:33 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 8:47 pm.
Councillor Flynn recused herself from acting on the following item #27 of business, due to a possible conflict of interest.
27. Communication of Antone Viveiros, re: Atlantic Beach District.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Antone Viveiros, 1 Admiralty Drive, Apt. 11, addressed the Council reviewing his communication above. Mr. Viveiros requests the Council to pause applications in the proposed Atlantic Beach over lay district.
Discussion centered around the pause in the proposed Atlantic Beach Overlay district being for the businesses in the area, a moratorium for the area is not justified, a moratorium does not fit the situation there must be a public safety issue for it to apply and the possibility of someone filing an application for a hotel in the area.
Judith Rosenthal, 90 Shore Drive, addressed the Council noting that until she did research regarding moratoriums, she did not find you could not have a moratorium in one specific area of Town.
David Dittmann, 44 Oceanview Drive, addressed the Council noting that there is no need for more hotels in the proposed Atlantic Beach District.
Valerie Gelb, 94 Shore Drive, addressed the Council expressing concern that an application could be filed for a hotel between now and the September 20, 2021 public hearing on the proposed ordinance for the Atlantic Beach District. Ms. Gelb suggests the Council vote to have a legal stay of applications in the Atlantic Beach District area until the ordinance is voted upon.
Discussion centered around there is no difference between a legal stay and a moratorium and the number of hotel rooms in the proposed ordinance.
On motion of Vice President Welch, duly seconded, it was voted to create a legal stay on building applications in the Atlantic Beach District until the zoning change is settled; Councillor Logan voted NO to said motion.
Town Administrator Shawn Brown noted concern that the above motion was overly broad, and requests clarification.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to reconsider the previous motion.
On motion of Vice President Welch, duly seconded, to amend the motion to read as follows: to create a legal stay on new construction applications in the Atlantic Beach District until the zoning change is settled.
David Dittmann, 44 Oceanview Drive, addressed the Council requesting the Council to vote on the ordinance and not this motion above.
Town Solicitor Peter B. Regan, responding to Mr. Dittmann, explained that the ordinance is not on the agenda for consideration this evening.
Judith Rosenthal, 90 Shore Drive, addressed the Council noting that the business owner that said he was not at a public meeting for the Atlantic Beach District was at the meeting.
Antone Viveiros, 1 Admiralty Drive, Apt. 11, addressed the Council requests a pause on new construction.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to amend the motion to read as follows; to create a legal stay on new construction applications in the Atlantic Beach District until the zoning change is settled; all Councillors voted YES to said motion.
Councillor Flynn recused herself from acting on the following item #28 of business, due to a possible conflict of interest.
28. Communication of John Bagwill, re: Atlantic Beach District.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
John Bagwill, 587 Tuckerman Avenue, addressed the Council noting that item #1 in his communication above had been addressed. Mr. Bagwill reviewed item #2 in his communication above.
Leon Amarant, 60 Island Drive, addressed the Council inquiring if the discussion is the Atlantic Beach District or the TIF?
Council President, responding to Mr. Amarant, noted it is the Atlantic Beach District.
Valerie Gelb, 94 Shore Drive, addressed the Council noting that when speaking with the Building Department they do not identify the area as Atlantic Beach District, it is identified by zones. Ms. Gelb inquired if there will be an issue with the motion above.
Town Solicitor Peter B. Regan noted the motion is identifying the Atlantic Beach District.
Councillor Flynn returned to the meeting.
29. (Continued from the May 3, 2021, Regular Meeting for more information from the Planning Board; Continued from June 7th,& 21st and July 6, 2021)
Public Hearing Advertised.
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, is amended by adding Article 27B – Outdoor Lighting.
(Planning Board recommendation on file; additional information from the Planning Board on file) (Requires advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to advertise said ordinance for a future public hearing.
30. Memorandum of Town Planner, thru Town Administrator, re: Full-build impact study prioritized recommendations costs & traffic action items.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue said item to the August 2, 2021, Regular Meeting of the Council, at the request of the Administration.
31. Memorandum of Finance Director, thru Town Administrator, re: Equipment Purchase: Police Department Vehicle Replacement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
32. Resolution of the Council, re: Equipment Purchase: Police Department Vehicle Replacement.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Discussion centered around the price of the vehicles and vehicle prices do not include decals or graphic packages.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
33. Executive Order 2021-09 Extension of State of Emergency in Middletown through and including August 16, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to extend the State of Emergency in Middletown through and including August 16, 2021.
Councillor Turano recused from acting on the following item of business #34, due to a possible conflict of interest.
Town Solicitor Peter B. Regan recused from acting on the following item of business #34, due to a possible conflict of interest.
Attorney Marissa Desautel was present representing the Town regarding Short-Term Rentals.
34. Memorandum of Councillor VonVillas, re: Short-Term Rentals.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor VonVillas read the above memorandum into the record.
Debra Fragola, 639 East Main Road, addressed the Council noting that to disband the committee would be unfair to both the short-term rental owners and non-owners.
Ed Dlugolenski, 24 Briarwood Avenue, addressed the Council noting agreement that the committee should not be dissolved. Mr. Dlugolenski suggested a change in membership if someone is acting inappropriately.
Dustin Varnell, 54 Warren Avenue, addressed the Council noting it is premature to disband the task force. Mr. Varnell explained the stake holders should be involved.
Leon Amarant, 60 Island Drive, addressed the Council noting that he is echoing what the prior people have stated. Mr. Amarant encouraged the Town Council to continue the effort for a few more meetings.
Sara Minor, 7 Coggeshall Circle, addressed the Council noting that she is disappointed that the Task Force may be dissolved. Ms. Minor explained that real data needs to be gathered and evaluated for the summer.
Suzette & Craig Sozio, 221 Purgatory Road, addressed the Council noting they are opposed to disbanding the Task Force. The Sozios explained the need for a fair and enforceable ordinance.
Valerie Gelb, 94 Shore Drive, addressed the Council noting she is not for or against the Task Force. Ms. Gelb explained if you have the wrong people on the committee, get the right ones.
Rick Medeiros, 52 Tuckerman Avenue, addressed the Council noting agreement with the prior people. Mr. Medeiros suggests changing the members, if needed.
Jim Parente, 65 Aquidneck Avenue, addressed the Council noting agreement with the prior people. Mr. Parente explained that one meeting is not enough and thinks the Task Force is a good idea.
Olga Tregresser, 71 Aquidneck Avenue, addressed the Council noting she was happy when the Council formed the Task Force. Ms. Tregresser suggest giving the Task Force a chance.
John Bagwill, 587 Tuckerman Avenue, addressed the Council noting that Councillor VonVillas’ proposal is good. Mr. Bagwill suggests limiting the number of short-term rentals in Middletown and their locations.
Leon Amarant, 60 Island Drive, responding to Mr. Bagwill’ s suggestion to limit the short-term rentals, explained that has been discussed. Mr. Amarant noted that the Task Force is willing to discuss all topics, and the Town Council has the final decision.
Dustin Varnell, 54 Warren Avenue, addressed the Council noting there is no need to disband the task force.
Discussion centered around the behavior outside of the meetings, going forward if the Task Force changes public input will be taken and changing the structure of the committee.
Rick Medeiros, 52 Tuckerman Avenue, addressed the Council suggesting replacing only the members, which need to be replaced.
Discussion centered around how to solicit the public to speak, the public may speak regarding the items on the agendas and appointment of an alternate facilitator member.
Ed Dlugolenski, 24 Briarwood Avenue, addressed the Council noting everyone should continue to work together.
Discussion centered around adding another Council member to the Task Force, behavior issues may not be during the meeting but outside of the meeting, members of the Task Force are stake holders in the Short-Term rental business, having Councillor Logan as a co-facilitator and the process to remove a committee member.
On motion of Councillor Flynn, duly seconded, it was voted to continue the Task Force with Councillor Logan volunteering to assist; Councillor Flynn and Vice President Welch voted YES to said motion; Council President Rodrigues, Councillor Logan, Councillor Santos, and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
On motion of Council President Rodrigues, duly seconded, to dissolve the Short-Term Rental Task Force and appoint Vice President Welch, Councillor Logan, and Councillor VonVillas as the Town Council Short-Term Rental Sub-Committee.
Councillor Flynn requested details of the incident that occurred with members of the Short-Term Rental Task Force or if the discussion would be an executive session item.
Attorney Marissa Desautel, responding to Councillor Flynn, noted that the item is not an executive session item.
A vote was taken.
On motion of Council President Rodrigues, duly seconded, it was voted to dissolve the Short-Term Rental Task Force and appoint Vice President Welch, Councillor Logan, and Councillor VonVillas as the Town Council Short-Term Rental Sub-Committee; Councillor Flynn vote NO to said motion.
Councillor Turano returned to the dais.
Town Solicitor Peter B. Regan returned.
35. (Continued from the July 6, 2021, Regular Meeting)
Appointment of four (4) members to the Zoning Board of Review; one (1) vacancy, Regular Member, term expiring April 2026, one (1) vacancy, First Alternate, term expiring April 2022, one (1) vacancy, Second Alternate, term expiring April 2022 and (1) one vacancy, Third Alternate, term expiring April 2022.
Councillor Flynn nominated Judith Rosenthal as Regular Member, duly seconded.
Vice President Welch nominated Chris Sousa as Regular Member, duly seconded.
Councillor Santos nominated Henry “Rick” Lombardi as Regular Member, duly seconded.
There were no other nominations.
A vote was taken for the nomination of Judith Rosenthal as Regular Member, duly seconded, Councillor Flynn voted YES; Council President Rodrigues, Vice President Welch, Councillor Logan, Councillor Santos, Councillor Turano, and Councillor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
A vote was taken for the nomination of Chris Sousa as Regular Member, duly seconded; Councillor Flynn voted NO to said motion.
Councillor Flynn nominated Judith Rosenthal as First Alternate, duly seconded.
There were no other nominations.
A vote was taken.
A vote was taken for the nomination of Judith Rosenthal as First Alternate, duly seconded; it was voted unanimously to appoint Judith Rosenthal.
Councillor Logan nominated Henry “Rick” Lombardi as Second Alternate, duly seconded.
Councillor Flynn nominated Stephen Huttler as Second Alternate, duly seconded.
There were no other nominations.
A vote was taken.
A vote was taken for the nomination of Henry “Rick” Lombardi as Second Alternate, duly seconded; Vice President Welch and Councillor Flynn voted NO to said motion.
Councillor Logan nominated Stephen Huttler as Third Alternate, duly seconded.
Councillor Santos nominated Adam Souza as Third Alternate, duly seconded.
There were no other nominations.
A vote was taken.
A vote was taken for the nomination of Stephen Huttler as Third Alternate, duly seconded; Councillor Santos voted NO to said motion.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 11:06 p.m.
_______________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri