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, May 17, 2021 at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn, joined by zoom
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Barbara A. VonVillas, Members Present
Councillor Dennis B. Turano, Absent
All Councillor’s were present except Councillor Flynn who participated in the meeting by zoom.
DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – MAY 12, 2021
REGULAR MEETING – MAY 17, 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, May 17, 2021; 6:00 P.M. Executive Session; Budget 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 May 27, 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: 825 4697 4128; or on the web at https://us02web.zoom.us/j/82546974128
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.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (4) (Investigative Proceedings) - 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 6:01 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:25 p.m.
Councillor Flynn recused herself from acting on the above item, due to a possible conflict of interest.
On motion of Vice President Welch, duly seconded, it was voted unanimously to refer the matter to the Rhode Island State Police.
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.
Budget – Immediately following Executive Session
2. Review of Town of Middletown Proposed Budgets and Capital Improvement Plan-General Fund, Parks & Recreation Fund, Sewer Fund and Refuse & Recycling Fund of the Fiscal Year 2021-2022 and matters related thereto.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin review of Town of Middletown Proposed Budgets and Capital Improvement Plan-General Fund, Parks & Recreation Fund, Sewer Fund and Refuse & Recycling Fund of the Fiscal Year 2021-2022 and matters related thereto.
Also present were Finance Director Marc Tanguay and Deputy Finance Director Elaine Colarusso.
Town Administrator Budget
Town Administrator Shawn Brown reviewed the Town Administrator budget slide, entered here:
Finance Department Budget
Town Administrator Shawn Brown reviewed the Finance Department budget slide, entered here:
Discussion centered around the line item additional compensation in the budget being for vacation buyback allowed through the NEARI contract.
Tax Assessor/Collection Budget
Town Administrator Shawn Brown reviewed the Tax Assessor/Collection Department budget slide, entered here:
Discussion centered around the new hire in the Tax Office is in the 457 Defined Contribution Plan.
Town Clerk’s Budget
Town Administrator Shawn Brown reviewed the Town Clerk’s budget slide, entered here:
Discussion centered around the cemetery stone repaired project being complete and projected revenues for Municipal Court.
Information Technology Budget
Town Administrator Shawn Brown reviewed the Information Technology budget slide, entered here:
Discussion centered around the Town paying for the zoom application, consolidation of the School and Town IT departments, the expense of filming committee/board meetings is in the Boards/Committee budget, website platform and there are two employees in the IT department.
Town Administrator Shawn Brown reviewed the Support Services budget slide, entered here:
Discussion centered around JFK School occupancy, utilities in the facility and the future use of the building.
Town Solicitor/ Town Council/ Boards and Committees Budget
Town Administrator Shawn Brown reviewed the Town Solicitor/Town Council/Boards and Committees budget slide, entered here:
Discussion centered around majority of the decrease is election worker salaries, cost of recording Town meetings, equipment rental for meeting at the Beach, other charges are the President’s Discretionary Fund and Honors & Awards and if a Special Election was budgeted for due to pending Marijuana legislation.
Building/Zoning Budget
Town Administrator Shawn Brown reviewed the Building/Zoning budget slide, entered here:
Discussion centered around continuing the hiring process for the Assistant Building/Zoning Officer position, there are currently four full time staff members and a Mobile Data Terminal (Tablet) being used by the staff.
Planning/Economic Development Budget
Town Administrator Shawn Brown reviewed the Planning/Economic Development budget slide, entered here:
Library Budget
Town Administrator Shawn Brown reviewed the Library budget slide, entered here:
Discussion centered around building repair.
Council President Rodrigues recused himself from the following discussion, Senior Center budget, due to a possible conflict of interest.
Vice President Welch, III presiding.
Senior Center Budget
Town Administrator Shawn Brown reviewed the Senior Center budget slide, entered here:
Discussion centered around the Senior Center’s van which was purchased last year and there is funding in the budget to hire a driver for the van.
Council President Rodrigues presiding.
Middletown Prevention Coalition Budget
Town Administrator Shawn Brown reviewed the Middletown Prevention Coalition budget slide, entered here:
Children Youth & Learning Budget
Town Administrator Shawn Brown reviewed the Children Youth & Learning budget slide, entered here:
Discussion centered around that the Town Council had voted to add this department, there are no grants or state monies for this department, Councillor Flynn and Councillor Turano have had zoom meetings with Cumberland and the Governor regarding the program and the program helps students learn.
Non-Department Specific Budget
Town Administrator Shawn Brown reviewed the Non-Department Specific budget slide, entered here:
Discussion centered around the increase in the Pension and decrease in OPEB.
Council President Rodrigues announced – the First Public Hearing on the budget will be May 19, 2021 at 6:00 pm and May 26, 2021 will be the Second Public Hearing and Potential Budget Adoption at 6:00 pm.
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)
Kathy Silveira, 52 Center Avenue, noted concern that National Grid has been working in her neighborhood and has not notified the residents of their scheduled work in the area.
4. 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.
Councillor Flynn requested that item #13 be heard under the regular portion of the agenda.
5. (Continued from the Regular Meeting, May 3, 2021)
Approval of Minutes, re: Special Meeting, March 9, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. (Continued from the Regular Meeting, May 3, 2021)
Approval of Minutes, re: Special Meeting, March 11, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. (Continued from the Regular Meeting, May 3, 2021)
Approval of Minutes, re: Regular Meeting, March 15, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. (Continued from the Regular Meeting, May 3, 2021)
Approval of Minutes, re: Special Meeting, March 18, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. (Continued from the Regular Meeting, May 3, 2021)
Approval of Minutes, re: Regular Meeting, April 5, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
10. (Continued from the Regular Meeting, May 3, 2021)
Approval of Minutes, re: Special Meeting, April 13, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
11. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Review and provide recommendation to the Town Council on proposed amendments to Section 400 – Definitions, Section 602 – Schedule of District Regulations, Section 703- Accessory Uses and Structures and Section 725 of the Middletown Zoning Ordinance regarding ground-mounted solar photovoltaic installation, including design requirements for all arrays and specific provisions for arrays mounted on carports and canopies. (Council approval for this item allows for the required advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and schedule a public hearing for said matter.
12. Applications for the following named person, firms or corporations for renewal of a Mechanical Amusement Devise License for the 2021-2022 licensing year:
Mechanical Amusement Device – Expires – May 5th, 2022
Boston Culinary Group, Inc/Island Cinema’s- 105 Chases Lane
(Four Games)
Dennis M. Crookes, Sr./Woodhookers – 238 East Main Road
(One Juke Box, One Pool Table and One Game)
Gilbert-Burton Post #4487/VFW- 52 Underwood Lane
(One Juke Box, One Pool Table and One Game)
HPK, Inc./Tickets- 15 Aquidneck Avenue
(One Juke Box and One Pool Table)
Kempenaar Real Estate/Howard Johnson Motor Lodge- 351 West Main Road
(Five Games)
The Pub at Two Mile Corner, Inc/The Pub at Two Mile Corner- 10 Maple Avenue
(One Juke Box, One Pool Table, Two Games)
S.C.S.JR. Restaurant Corp., Inc/Scotty’s Big Dawg’s Sports Pub – 823 West Main Road
(One Juke Box, Two Pool Tables and One Game)
The Pub at Two Mile Corner, Inc./ The Pub at Two Mile Corner- 10 Maple Ave
(One Juke Box, One Pool Table, Two Games)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
13. (May 3, 2021 – Council requested Administration to review the contract and update the Council)
Memorandum of Finance Director, thru Town Administrator, re: Concession Bid-MIDD-021-004. (Withdrawn by Administration; New Proposal received – see item #28)
On motion of Vice President Welch, duly seconded, to withdraw said item at the request of the Administration.
Councillor Flynn noted that the supporting information for this item did not need to be copied into the docket, since it was being withdrawn.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said item at the request of the Administration.
14. (May 3, 2021 this item was not acted upon)
Resolution of the Council, re: Concession Bid-MIDD-021-004 – Awarded to Fire & Water Concession, Inc. (Withdrawn by Administration; New Proposal received – see item #29)
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said item at the request of the Administration.
15. (Public Hearing Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, is amended by amending subsection (E) of Section 704, entitled “Height and Yard Modifications”. (Planning Board Recommendation is on file)
Public Hearing remains open.
Town Solicitor Peter B. Regan noted that the amendment is to keep consistency between the State Law and Town Ordinances.
There being no other persons desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
16. (Public Hearing Advertised)
Public Hearing Remains Open
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, is amended by amending section §306 – Uses Subject to and Exempt from Development Plan Review (DPR). (Planning Board Recommendation is on file)
Public Hearing remains open.
Council President noted the amendment to this ordinance changes the Development Plan Review (DPR) to the Town Planner.
Town Solicitor Peter B. Regan noted the amendment streamlines the DPR process.
There being no other persons desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
17. Application for Special Event Permit from Newport Yogis for Newport Yogis Full Moon Summer Series (75 Minute Yoga Class) at Second Beach, Surfer’s End on Wednesday, May 26, 2021, Thursday, June 24, 2021, Friday, July 23, 2021, Sunday, August 22, 2021 at 7:30 p.m. and Monday, September 20, 2021 at 6:30 p.m.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Discussion centered around making sure that the applicant knows the class must be held on the east side of the big rock.
Gregory Angel, applicant, 244 Purgatory Road, addressed the Council noting he will hold class on the east side of the big rock.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
18. Application for Special Event Permit from Ocean State Artisans for Ocean State Artisans Summer Fair to be held on Saturday, June 26, 2021 from 10:00 am to 5:00 pm at Linden Park.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Beth Giguere, 12 West View Road, applicant, and President of Ocean State Artisans joined the meeting by zoom to answer Council questions.
Discussion centered around the parking for the event, not wanting attendees of the event to park in the Linden park neighborhoods, if the neighbors have been notified of the event, an overflow parking plan, port-a-potties for the event and if a detail police officer is needed for the event.
A vote was taken
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
19. Application for Special Event Permit from MHS PTG – Camille Guerin and Christa Robinson for MHS Senior 2021 Beach Bonfire Social, with Food Trucks to be held at Sachuest Beach on Thursday, June 10, 2021 from 6:00 pm to 9:00 pm. (Applicants respectfully request all fees be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.
Discussion centered around the amount of detail fees for the event and funding for the detail fees are allocated from the General fund.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.
20. Application of Sonesta International Hotels Corporation/Sonesta Select Newport Middletown, 9 Commerce Drive for a Mechanical Amusement Device License for the 2021-2022 licensing year. (NEW; Three Games)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
21. (Continued from the April 19th and May 3, 2021 Council requested additional information)
Memorandum of Superintendent, re: Gaudet School Track.
On motion of Vice President Welch, duly seconded, to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum from item #22.
Superintendent of Schools Rosemarie Kraeger and School Committee Chair Theresa Spengler joined the meeting by zoom to answer Council questions.
Discussion centered around that it is not necessary to completely remove the track, no additional drainage is needed because there is a drainage system under the turf field, the vendor is on the master pricing agreement, getting additional bids for the project, the project being done at the same time as the field is being re-turfed, the agreement with Salve for the field, Salve lacrosse and field hockey use the field, the School Department is renegotiating with Salve at this time, making sure the field is ready for fall sports, the track and field is used by the community not just the schools, the safety of the track; if going back out to bid, the master price company may not bid on the project, cost of construction is increasing and the funding for the project.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
22. Memorandum of Town Administrator, re: Renovation of Gaudet Running Track.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
23. Resolution of the Council, re: Renovation of Gaudet Running Track.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution; Councillor Flynn voted NO to said motion.
24. Memorandum of Town Administrator, re: Repair of Gaudet Tennis and Basketball Courts.
On motion of Vice President Welch, duly seconded, to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around how many times the Tennis Courts have been repaired, pricing of the project and warranties of the project.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
25. Resolution of the Council, re: Repair of Gaudet Tennis and Basketball Courts.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution; Councillor Flynn voted NO to said motion.
26. Communication of Michael Yates, Girls Varsity Basketball Coach, re: Request for support for the North Kingstown Summer Basketball League 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, to authorize a civic appropriation in the amount of $450.00 to be appropriated from the Council President’s Discretionary Fund; Vice President Welch amended said motion; amount of $420.00 to be appropriated from the Council President’s Discretionary fund, duly seconded, it was voted unanimously.
On motion of Councillor Flynn, duly seconded, it was voted unanimously to take a ten-minute break at 8:55 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 9:08 p.m.
27. Memorandum of David P. Martland, Esquire, re: Request to Release Certain Areas from Saltwood Farm Conservation Easement. (Planning Board approval is on file)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues noted that this request was unusual.
David Martland, Esquire, 1100 Aquidneck Avenue, Attorney for the applicant Peter Gallipeau, addressed the Council explaining that the process, noting that the applicant provided more open space than required by ordinance. The plan for the property is to add to Lots 1 and 4.
Discussion centered around the size of the map provided by the applicant, the Planning Board approved the request, the areas requested are outside the watershed, there is a limit on the size of the homes in the subdivision.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said release of certain areas from Saltwood Farm Conservation Easement; motion amended by Vice President Welch to approve said release of certain defined areas from Salwood Farm Conservation Easement and Maintenance Easement; Councillor Flynn voted NO to said motion.
28. Memorandum of Town Administrator, re: Beach Concession Stand Contract – New Proposal.
On motion of Vice President Welch, duly seconded, to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around the footprint of the concession area is not a desirable space, the town can extend the contract or go out to bid for the fifth year, the vendor must make the initial investment for equipment in the concession space, the vendor would take the equipment at the end of the contract, sale of clothing at the concession, the town receives 10% of the sales of the clothing and there were no bids from food trucks concession.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
29. Resolution of the Council, re: Beach Concession Stand Contract 2021-2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
30. Application of Fire and Water Concessions SB, Inc. dba Salty’s, 315 Sachuest Point Road, for a Victualling House License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
31. Communication of Charles B. Allott, Executive Director, Aquidneck Land Trust and Sara Churgin, District Manager, Eastern RI Conservation District, re: Maidford River project(s).
On motion of Vice President Welch, duly seconded, to receive said communication.
Town Administrator Shawn Brown reviewed the memorandum from item # 32.
Discussion centered around that action at this time is to be able to submit the grant applications, the Town Council can withdraw at any time/no commitment.
At vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
32. (Continued from the April 19th and May 3, 2021, Regular Meetings)
Memorandum of Town Engineer thru Town Administrator, re: Availability of funding to support Maidford River flood mitigation.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
33. (Continued from the April 19th and May 3, 2021, Regular Meetings)
Resolution of the Council, re: Authorizing the Town Engineer to work with the Planning Department to prepare and submit grant application – National Fish and Wildlife Foundation – National Coastal Resilient Fund.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
34. (Continued from the April 19th and May 3, 2021, Regular Meetings)
Resolution of the Council, re: Authorizing the Town Engineer to work with the Planning Department to prepare and submit grant application – Southeast New England Program (SNEP).
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
35. Memorandum of Town Engineer thru Town Administrator, re: Availability of funding to support Maidford River flood mitigation.
On motion of Vice President Welch, duly seconded, to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
36. Resolution of the Council, re: Authorizing the Town Engineer to work with the Planning Department to prepare and submit grant application –Southeast New England Program (SNEP).
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
37. (Continued from the April 19th and May 3, 2021, Regular Meetings)
Memorandum of Town Administrator, re: Zoning Enforcement Officer.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around Short Term Rentals (STR) effect multiple departments and are time consuming, enforcement of STR’s is the issue, requesting a full-time position, this person will improve the quality of life, great use of tax payers money, the person would work with the short-term rental operators, timeline for hiring for the position, the interns assisting the Zoning Enforcement Officer, interns are for a variety of issues in the Town and the need for someone to work exclusively on STR’s.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the administration to hire a full-time Zoning Enforcement Officer to assist in investigating and identifying zoning violations including short-term rentals.
38. Memorandum of Town Engineer, re: Paradise Avenue Traffic Calming Measures, plan dated 5-3-21.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Engineer Warren Hall reviewed the memorandum above.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Paradise Avenue Traffic Calming Measures, plan dated 5-3-21.
39. Resolution of the Council, re: Opposing Senate Bill S-0259 and House Bill H-6067 “An Act Relating to Aeronautics”.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
40. Moody’s Investor Service, re: Rating Action: Moody’s assigns Aa1 to Middletown, RI’s $2.3 million GO bonds, 2021 Service A.
On motion of Vice President Welch, duly seconded, to review the Moody’s Investor Service rating action for the Town of Middletown.
Finance Director Marc Tanguay reviewed the Moody’s Investor Service rating above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to review the Moody’s Investor Service rating action for the Town of Middletown.
41. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 03/31/2021 – Town of Middletown.
On motion of Vice President Welch, duly seconded, to receive said communication and report.
Finance Director Marc Tanguay reviewed the Quarterly Tax Collector’s Report above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and report.
42. Memorandum of Finance Director, thru Town Administrator, re: FY2021 Budget Adjustments as of March 31, 2021.
On motion of Vice President Welch, duly seconded, to receive said memorandum.
Finance Director Marc Tanguay reviewed the Memorandum above.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
43. Resolution of the Council, re: FY2021 Budget Adjustments – General Fund.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
44. Communication of Tax Assessor and Finance Director, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
45. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
46. Communication of Tax Assessor and Finance Director, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
47. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
48. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
49. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
50. Executive Order 2021-05 Extension of State of Emergency in Middletown through and including June 21, 2021.
On motion of Vice President Welch, duly seconded, it was voted to extend the State of Emergency in Middletown through and including June 21, 2021; Council President Rodrigues voted NO to said motion.
51. Council President’s Appointments of Town Council representatives to various boards and commissions:
a. Audit Committee – Town Council President must be appointed along with two Town Council members – Currently – Former TC President Sylvia, Former Vice President Rodrigues and Councillor VonVillas (Alternate Councillor Santos)
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Council President Rodrigues to replace former Council President Sylvia and Councillor Logan to replace former Vice President Rodrigues, to the Audit Committee.
b. Beach Commission - 2 – liaisons – Currently - Councillor Flynn
Discussion centered around if there was a need for two Council Liaisons to the Beach Commission.
Councillor Flynn requested that the information below be part of the record:
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to reduce the Beach liaison to one.
c. Budget Sub-Committee – 3 Council members – Currently - Former TC President Sylvia, Former Vice President Rodrigues and Councillor Santos.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Council President Rodrigues to replace former Council President Sylvia and Councillor Logan to replace former Vice President Rodrigues, to the Budget Subcommittee.
Discussion centered around that this committee has not met in recent years.
On motion of Vice President Welch, duly seconded, it was voted unanimously to abolish the Budget Sub-Committee.
d. School Committee – 2 liaisons (Both liaisons appointed December 14, 2020 have resigned)
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Councillor Logan as Liaison to the School Committee.
Councillor Flynn recused herself from acting on the following item of business, item #52, due to a conflict of interest.
52. Memorandum of Town Clerk, re: Appointments to the Short-Term Rental Task Force.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Discussion centered around if all the applicants should be appointed to the Committee or re-advertise for more applicants.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Leon Amarant- Short Term Rental Operator, Ethan Coombs- Short Term Rental Operator, Debra Fragola- Short Term Rental Operator, Michael Cunningham- Non-Short-Term Rental Operator, James Redfearn- Non-Short-Term Rental Operator and Daniel Titus- Non-Short-Term Rental Operator to the Short-Term Rental Task Force, duly seconded; motion amended by Council President Rodrigues, it was voted unanimously to appoint Councillor VonVillas, to the Short-Term Rental Task Force.
Support staff (non-member advisors) to include Town Administrator, Building/Zoning Official, Police Chief, Town Clerk and Evan Smith Discover Newport.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:36 p.m.
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Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri