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, March 1, 2021 at 6:00 P.M.
Council President Robert J. Sylvia, Presiding
Vice President Paul M. Rodrigues
Councillor Terri Flynn, arrives at 6:04 p.m.
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 SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
AMENDED AND POSTED – February 24, 2021
REGULAR MEETING – MARCH 1, 2021
The following items of business, having been filed with the Town Clerk under the Rules of the Council, will come before the Council at a special meeting to be held on Monday, March 1, 2021; Executive Session at 6:00 P.M.; Regular Meeting at 7:00 P.M. - Said meeting will be conducted by telephone conference call/ webinar, in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended to 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: 873 9832 4355; or on the web at https://us02web.zoom.us/j/87398324355.
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 items #13 and #14 will be continued until after the Special Meeting, March 9, 2021 regarding Short Term Rentals.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (1) Collective Bargaining (MMEA/NEARI, Local 869- Town Hall) - 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 6:02 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:26 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive the MMEA/NEARI Local 869 – Town Hall fiscal impact statement.
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.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to recess this meeting until 7:00 p.m.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene this meeting at 7:00 p.m.
PUBLIC FORUM
2. Pursuant to Rule 25 of the Rules of the Council, Citizens may address the town on one (1) subject only, said subject of substantive Town business, neither discussed during the regular meeting nor related to personnel or job performance. Citizens may speak for no longer than five (5) minutes and must either dropped off a public participation request at Town Hall or emailed to both wmarshall@middletownri.com and kclancey@middletownri.com at least 30 minutes prior to the start of the meeting. All items discussed during this session will not be voted upon. (No longer than 15 Minutes total for the Public Forum)
Middletown Prevention Coalition Coordinator Loretta Verderosa, addressed the Council, noting she is speaking about Middletown Wellness Month which kicked off today. Ms. Verderosa explained this is one of their largest outreach events of the year, and they really excited about it. Mr. Verderosa noted the month dovetails with the Herren Project Wellness Week, which is also this week, the Middletown Prevention Coalition’s extends throughout the month. Ms. Verderosa presented a flyer to the Town Council, which outlines the activities for Wellness Month.
Lawrence Frank, 8 O’Donnell Road, addressed the Council noting concern that short-term rentals are taking away year-round housing opportunities for full time residents.
Bird Jones, 306 Tuckerman Avenue addressed the Council reading the following communication:
To the members of the Middletown Town Council
From a weary taxpayer: February 24, 2021
RE: The Groundhog Day of local governance
Dear Council President Sylvia and members of the Middletown Town Council,
I am writing to you to, of course, thank you for your service, but to also ask all of you to think about doing business differently. Specifically, I am calling on you to take the public input and personal experience of Middletown residents as seriously as the spreadsheets that seem to hold your attention in your discussions of taxes and assessment. I am also asking you to be more mindful of and honor the Comprehensive Plan as a meaningful document to which you must hold yourselves accountable. And finally, I am asking you to be more transparent in your decision-making about very real choices we still have about the future of our community.
Specifically, property taxes and their assessment are not just numbers on a spreadsheet, but core to the identity of Middletown as a whole – as a community rather than a real-estate profit machine. The Council is now asking for our taxpayer input again on Feb. 25. Of course, we applaud the opportunity to participate, but I would like the council to recognize that our input has been solicited four times in the last two years without any evidence that the full Council has heard the content, weighed its value, analyzed and responded to the issues, or accepted the testimony as any more than a tiresome obligation under the bylaws. For us, it is like the movie Groundhog Day, where Bill Murray is caught in an endless repetition of a detestable situation. And nothing will change until there are genuine solutions and changes in approach.
Please use information you already have to inform the population at large as to what is on the table. What are the ideas presented? How many people have spoken? Be transparent and let the information be transparent, otherwise this endless request for information on the same topics over and over again is performative governance, which is not democratic governance, it's Groundhog Day Governance.
To set a larger context and a longer timeline, we should understand that these same issues have been documented since 1789. (It was actually earlier but those records burned up in a fire.) There were two lists regarding assessment and how residents should be taxed and on what. They look remarkably familiar:
List A: “a particular list or description of each dwelling house, which, with the outhouses appurtenant thereto, and the lot on which the same are erected, not exceeding two acres in any case...and exceeding in value the sum of one hundred dollars." This list gives very detailed descriptions of the houses, including dimensions, number of stories, number of windows, and material of construction, as well as identifying both occupants and owners, and often give descriptive information like race or widowhood.
List B: "a particular list or description of all lands, lots, buildings and wharves...excepting only such dwelling houses as with the outhouses appurtenant thereto [such as described above]". This list give acreage for all privately-held land and names owners of adjoining land when possible, as well as the dimensions of barns and commercial buildings.
Council members, not much has changed in the last 231 years. No one loves to pay taxes. No one. No one wants to be taxed out of their house and no one wants to wake up living in an unrecognizable neighborhood that they used to call home. That was true in 1789 and it is true now. Again, asking us for input and then leaving that information out of sight and out of mind is like living in the circular logic of the Groundhog Day movie. It does not improve or ameliorate the situation one whit. And it does not take seriously the consequences on Middletown's longtime residents. And in case you are wondering about the spirit in which I bring these concerns to you, my family has lived on this island since 1654. Clearly, we are invested in this place.
Finally, to bring us back fully into the present day, this behavior and approach is not limited to Council: it permeates the way Middletown is run. We have a Comprehensive Plan that was expensive and exhaustive, yet time and time again the recommendations are either summarily ignored or over turned by one board or another to better serve the needs of a another more attractive entity. The best one yet is the new gas station and convenience store in Middletown located in the watershed. The store is owned as part of a conglomerate based out of state, but locally run.
In closing, it is time for us to all wake up, just like Bill Murray, when the council has real information to bring to a smart population of concerned citizens and actually hears what they are saying. We can move forward and put 1789 behind us. Thank you again for your service and your time. A response is appreciated.
Bird Jones for Bushnell Henry Trust.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to act as a Board of License Commission.
BOARD OF LICENSE COMMISSION
3. Application of Sprout and Lentil, LLC dba Sprout and Lentil, 796 Aquidneck Avenue, Unit 3, for a Class BL Liquor License to be used at the same premises. (NEW) (Council approval for this item allows for the required advertising for a future public hearing and notification to abutters)
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to withdraw this application at the request of the applicant.
4. Application of Courtyard Management Corporation dba Courtyard Marriott, 9 Commerce Drive to TRANSFER a BT Liquor License to Sonesta International Hotels Corporation dba Sonesta Select Newport Middletown for use at the same premises. (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 application and advertised for public hearing to be held on March 15, 2021.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to reconvene as a Town Council.
Vice President Rodrigues requested that items #5, #6 and #9 be heard under the regular portion of the agenda.
CONSENT
5. Approval of Minutes, re: Regular Meeting, February 1, 2021.
On motion of Vice President Rodrigues, duly seconded, to approve said minutes.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to amend the minutes by adding under #7, that Chris Bicho agreed to provide three affordable housing units on the property.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to approve said minutes, as amended.
6. Email communication of Karen Day, Citizens Memorial Committee, re: Proposal for a memorial tree in Paul LaMond’s memory in Valley Park. (Approved by the Citizens Memorial Committee)
On motion of Vice President Rodrigues, duly seconded, to receive said email communication and approve said proposal.
Discussion centered around that the Tree Commission will assume the costs for the memorial tree.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said email communication and approve said proposal.
7. Memorandum of Finance Director, re: Surplus Property-School Department-Vehicles and equipment.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
8. Resolution of the Council, re: Authorizing Finance Director to dispose of Surplus Property-School Department-Vehicles and equipment.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
9. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Rodrigues, duly seconded, to receive said communication.
Discussion centered around supporting documentation for the item.
A vote was taken at this time.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
10. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to pass said resolution.
11. 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 amending the definition of “Building Height” in Section 400, entitled Definitions”, and adding a new subsection “(E)” to Section 704, entitled “Height and Yard Modifications”. (Planning Board recommendation on file)
Public Hearing was declared open.
Town Solicitor Peter B. Regan noted that the amendment to the zoning code will bring the definition of building height in the code to match the state definition. Mr. Regan explained that even if this amendment does not pass, the Town still has to follow the state definition.
There being no other persons present desiring to be heard, public hearing will remain open.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
12. 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 amending sections §27A04(B), §27A04(C), and §27A07(E) of Article 27A – Mixed-use Development Projects. (Planning Board recommendation on file)
Public Hearing was declared open.
Lawrence Frank, 8 O’Donnell Road, addressed the Council inquired why the Planning Board limited the hours for the mixed-use businesses. Mr. Frank noted that it seems to be that mixed-use projects could include affordable housing built above commercial enterprises. Mr. Frank questioned if you have 24-hour hour operations with the noise and disruptions associated with those businesses, why would anyone want to live in that environment.
Discussion centered around hours of operation of businesses in a mixed-use development and considering the residents needs not just developer needs.
There being no other persons present desiring to be heard, public hearing will remain open.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
Council President Sylvia noted that items #13 and #14 will be continued until after the Special Meeting, March 9, 2021 regarding Short Term Rentals.
13. Memorandum of Town Administrator, re: Short-Term Rentals – Proposed Amendments to Ordinance. (There will be no discussion on this item, Council action will be to continue this item until after the Special Meeting regarding Short-Term Rentals)
14. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title IX: General Regulations, Chapter 98 Short-Term Rental Leases. (There will be no discussion on this item. Council action will be to continue this item until after the Special Meeting regarding Short-Term Rentals)
15. Memorandum of Council President Sylvia, re: One-time COVID relief check waiver for our seniors.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Council President Sylvia reviewed the memorandum above.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to authorize the Tax Assessor to disregard the one-time COVID relief checks our seniors received last year when calculating their exemption eligibility.
16. Memorandum of Councillor Flynn, re: Planning Board Considerations.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above.
Discussion centered around Planning activities/projects and Planning Board agendas being full.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to continue this item to the next regular meeting of the Council.
17. Memorandum of Councillor Welch, re: STR registration fees.
18. Memorandum of Councillor Flynn, re: Senior Housing Proposal Information Platforms.
19. Memorandum of Finance Director, thru Town Administrator, re: Senior Affordable Housing – Change order for RI Housing application and manage bid process.
20. Resolution of the Council, re: Senior Affordable Housing – Change order for RI Housing application and manage bid process.
On motion of Council President Sylvia, duly seconded, it was voted unanimously to adjourn said meeting at 8:03 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri