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 at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, September 20, 2021 at 7:00 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
POSTED SEPTEMBER 15, 2021
REGULAR MEETING SEPTEMBER 20, 2021
TOWN COUNCIL OF THE TOWN OF MIDDLETOWN, RHODE ISLAND
The following items of business, having been filed with the Town Clerk under the Rules of the Council, will come before the Council at a regular meeting to be held on Monday, September 20, 2021 at 7:00 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. 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, or a member of the public so 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, with the exception of the Public Forum Session, 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 five (5) minutes.
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 Rodrigues requested a moment of silence for the family of Catherine Stahl, a former Town employee and lifelong resident, who worked for the Town for 26 years and the family of Tony Ponte, a lifelong Middletown resident.
1. 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 submit a public participation form to the Council Clerk prior to the start of the meeting. All items discussed during this session will not be voted upon.
Cam Clark, 58 Long Meadow Road, Portsmouth, RI addressed the Council noting concern with safety at the Newport Triathlon this past weekend. Mr. Clark explained that the swim event was unsafe, 7% of the swimmers had to be rescued from the swimming portion of the event. Mr. Clark noted everyone was in danger.
John Bagwill, 587 Tuckerman Avenue, addressed the Council noting the waves were average and the swim portion of the event should have been held at Third Beach, but there is not enough parking at Third Beach. Mr. Bagwill suggests the next the time the event is run, the applicant be directed to have the swim at Third Beach.
Councillor Flynn noted her husband participated in the event. Ms. Flynn explained the event coordinators decreased the swimming portion by half, due to the weather and water conditions.
Discussion centered around that the beach was not officially open during this event, the event was a special event that filed for a permit, the applicant provided a safety plan and the Town Administrator will investigate what happened during the event.
2. Application of MR Ventures, LLC, 499 East Main Road, holder of a Class BV Alcoholic Beverage License to TRANSFER said License to CCE Development, LLC, for use at the same premises. (Requires advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise for a public hearing to be held on October 4, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Flynn requested that items #4, #5 and #6 be heard under the regular portion of the agenda.
3. Approval of Minutes, re: Special Meeting, September 1, 2021.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
4. Approval of Minutes, re: Regular Meeting, September 7, 2021.
Councillor Flynn requested to add the bold wording to clarify item #11 of the “Discussion centered paragraph, “Ms. Flynn suggest 1000 feet for all locations with youth present, not just schools.”
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes, as amended.
Councillor Flynn recused herself from acting on the following item of business #5, due to a possible conflict of interest.
5. Communication of Attorney Allyson M. Quay, on behalf of Terri and Michael Flynn, re: Investigation of Terri and Michael Flynn Property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
6. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Recommended Zoning Ordinance amendments regarding Mixed-use Development Projects, Article 27A. (Requires advertising for a future public hearing)
Councillor Flynn noted concern with the Mixed-Use Development ordinance in its entirety. Ms. Flynn noted concerns with the uses table and suggests sending the ordinance back to the Planning Board for further review before advertising for a future public hearing.
Councillor Flynn made a motion that the proposed ordinance go back to the Planning Board for re-review of the changes proposed, keeping in mind the uses currently appropriate for Middletown residential districts.
Town Solicitor Peter B. Regan, responding to Councillor Flynn, explained to clarify for the discussion, this ordinance wouldn't apply in residential zoning districts, it's in the general business unlimited business districts and would allow mixed uses of both commercial and residential uses.
Town Planner Ronald Wolanski explained these amendments were put forward to the town council several months ago, noting what is being brought back to the Town Council is the same list of amendments minus the proposed elimination of limitations on hours of operation. Mr. Wolanski explained the Planning Board has suggested removing those limitations in the latest proposed amendment to keep those hours of operation limitations in place, except for restaurants and limited business uses allowing those to stay open until 10 pm versus 8 pm. Mr. Wolanski noted the goal is to provide some flexibility in the ordinance to promote the use of the mixed-use ordinance within Town, which would allow for a mixture of commercial uses and residential uses.
Discussion centered around the cost of advertising for a public hearing, the use table within the proposed ordinance, if the Council wanted to address the first set of recommendations from the Planning Board and look at the rest of the ordinance at a later date; if the ordinance promotes residential and commercial businesses together, those commercial businesses should be cohesive as a neighbor.
A vote was taken.
On motion of Councillor Flynn, duly seconded, it was voted unanimously that the proposed ordinance go back to the Planning Board for re-review of the changes proposed keeping in mind the uses currently appropriate for Middletown residential districts.
Councillor Flynn recused herself from acting on the following item of business #7, due to a possible conflict of interest.
7. Memorandum of Planning Board Chair, re: Proposed Atlantic Beach District overlay zoning.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Paul Croce, Chair, Planning Board, read the following into the record.
Good evening, Mr. President and members of the TC.
For several years now the ABD Master Plan, the result of efforts of many dedicated individuals, has been the goal for upgrading the lower Aquidneck Avenue area to the vision of the Comprehensive Plan. You have just received our revised draft for an ABD ordinance overlay that helps capture that vision in our ordinances. These comments are intended to give you the PB’s perspective on how we arrived at this version of the draft.
As mentioned in our cover memo, the PB’s effort to prepare a first draft overlay included two public workshops on Jul 31, 2019, and Jan 22, 2020. Those early workshops were attended primarily by residents, most of whom were abutters or residents in nearby neighborhoods. Despite being notified, there were not many representatives from the ABD business community. Most of the comments at these hearings were addressed at either limiting in some form the expanding presence of hotels or assuring that other proposed improvements considered not just tourists, but also the local residents.
With this public feedback, a draft was finalized and sent to the TC. In your discussion at the second reading, you heard concerns presented by business community representatives (BCR) that they were not aware of this proposed ordinance overlay and feared it would negatively impact their businesses. The TC then returned the draft to the PB with instruction to obtain more input from the business community.
On August 23rd, the PB conducted another public workshop, with a focus on receiving input from BCR. At this meeting, most of the comments came from BCR, and a few non-business residents also spoke. It was clear the BCR felt that they had been left out of the overlay development process and wanted their voices to be heard. So we let them speak, and we listened.
There was not much discussion on the limitation on hotels. One suggestion was introduced to add categories such as hotel, motel, bed and breakfast, etc. It was not clear how this could be helpful as it seemed it would introduce an additional restriction of dubious value on development. A few resident speakers objected to the inclusion of short-term rentals in the hotel room limit.
On the topic of negative business impacts, several BCR spoke, all registering strong general opposition to the proposed overlay. Several stated all that was needed was to get rid of the utility poles and improve the condition of the road and sidewalks, which of course is the scope of a state project that is currently under consideration.
We asked the BCR if they could provide specifics, and one person mentioned the signage requirement to bring signs into conformity within five years even if no other change was made to the business structure or activity. They said this imposed a significant financial burden on them that was unnecessary. No other specific issues were raised. A few residents who spoke supported the elimination of the 5-year limit on signage compliance.
The BCR also said they felt singled out, stating that these additional overlay requirements applied only to them in this part of town. They need to hear from the TC that this overlay might also be used as a model for other sections of town.
Most members of the PB felt that much of the opposition of the BCR to the proposed overlay was the result of an inadequate or incomplete understanding of the purpose and details of the proposed overlay. In the end, the PB responded to their request regarding signage by eliminating the five-year requirement for compliance. In addition, the PB voted to continue using the number of rooms as the limiting hotel parameter, though they removed short term rentals so the number limitation on hotel rooms changed from 279 to 260.
Lastly, but certainly not least, the PB would like to acknowledge the very capable support of PD staff, who have worked diligently and expertly to bring this overlay to fruition.
Councillor Flynn recused herself from acting on the following item of business #8, due to a possible conflict of interest.
8. (Continued from the May 3, 2021, Regular Meeting – First Public Hearing, Special Meeting, June 15, 2021; Second Reading was continued from Regular Meeting, July 6, 2021 – Public Hearing Remains Open)
(Public Hearing Advertised; Abutters notified)
An Ordinance of the Town of Middletown (Second Reading)
Public Hearing Remains Open.
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 new Article 30 – Atlantic Beach Overlay District; adding a new column and other revisions to Section 602 regarding uses allowed in the Atlantic Beach Overlay District; adding new lines to section 603 regarding dimensional requirements for the Atlantic Beach Overlay District; and adding definitions regarding signs to Article 12, Section 1202. (Planning Board Recommendation is on file)
Public Hearing remains open.
Dennis J. Berry, a member of the Mazzarelli family, 64 Warren Avenue, addressed the Council noting he objects to the whole overly beach district. Mr. Berry noted the issue in the area is the sidewalks and roads. Dennis J. Berry reviewed the following proposed amendment to the ordinance.
Atlantic Beach Overlay District.
Proposed Amendment:
Section 3002 E Site Design
(c) In order to promote and preserve scenic views, buildings shall be located on the site in a manner designed to preserve significant costal and pond views from the public right of way and for the benefit of local residents.
Rationale: The “Purposes” section of the proposed ordnance indicates, inter alia, that it is to “preserve and enhance scenic views” and that it is to “serve the surrounding residential neighborhoods.” The plan shows that to the West of the proposed district there is only Easton’s Pond. Thus, the only surrounding residential neighborhood that needs to be considered and served is to the East of the district. That is an area generally from Newport Ave. to Purgatory Road including Warren Ave. specifically shown on the distributed Boundary Map.
Section 3002 E (c) is specifically “designed to preserve significant costal and pond views from the public right of way.” The only public way within the district is Aquidneck Ave. It is agreed that it is valuable to preserve these views from that public way within the district. But that value needs to be extended one step further.
If one of the purposes of the ordinance is to serve the surrounding residential neighborhood and the only neighborhood is that which is to the East of the District shouldn’t that neighborhood have at a minimum the same consideration as the Public Way.
This amendment only says that buildings should be located within the district in a manner to preserve the coastal and pond views for the surrounding residential neighborhood to the same extent as it does for the public way within the district. The provision as written sets no metes, bounds, distances or other objective tests, it simply sets out in general terms a consideration for the location within the buildings are to be sited. The amendment simply applies that same general consideration for the benefit of the surrounding neighborhood, which is by the Purposes provision, intended to be served.
The amendment adds no new language that is not taken directly from the proposed ordinance. All it does is to maintain the same intention of preserving coastal and pond views for the residents of the surrounding residential neighborhoods as it does for the tourists and business within the district.
John Jovan, 138 Esplanade, addressed the Council in support of the ordinance, explaining the issue has been going on too long, just do it.
Colleen Aull, 87 Warren Avenue, addressed the Council in support of the ordinance, and noted she does not object to flat roofs in the area. Ms. Aull explained that the spirit of the ordinance is not to be restrictive to the businesses and hopes the businesses in the area accept that things change.
Attorney Jeremiah Lynch, representing Komes Rozes (Flo’s) and Scott Kirmil (Diego’s), addressed the Council noting a few concerns and wants to address the impact
on existing businesses. Mr. Lynch explained the proposal before the Council could be very burdensome to the existing business owners, any expansion by of the existing businesses in that area could require the owners to comply with the new design standards.
Mr. Lynch noted it would be a significant economic burden for them to redesign and comply with the new restrictions. Attorney Lynch noted that neither client at this point is considering proposing a hotel on their site; however, they would like to reserve that use in the future if they decide to sell their business.
Valerie Gelb, 94 Shore Drive, expressed concern that the ordinance does not have a process for administrative subdivisions to be presented to the Planning Board and inquired if there is a way to have all applications presented for the Atlantic Beach District area go to the Planning Board to allow for public input. Ms. Gelb inquired about wireless building mounted facilities and concern with the uses table in the ordinance regarding nursing home facilities.
Town Planner Ronald Wolanski noted the wireless building mounted facilities are prohibited now in that area in the proposed ordinance.
Attorney Steven Surdut, representing the Concerned Taxpayers Association, addressed the Council explaining the ordinance appears to be very well drafted and vetted. Mr. Surdut noted the staff has done a significant amount of research and diligence and there have been numerous meetings in this regard, and it appears that the Planning Board has made sure that this ordinance captures the vision of the comprehensive plan.
Leon Amarant, Island Drive read the following into the record:
Date: September 17th, 2021
Dear Atlantic Beach District Small Business Owners,
We at STROM (Short term rental owners of Middletown) have been following the recent developments and proposals to the Middletown Town Council on the Atlantic Beach District Overlay plan. It appears to have evolved over time into a complex and potentially overly burdensome plan. There are some basic elements that make a lot of sense to us (improved parking/sidewalks, etc) but there are many that do not. (i.e. Strict aesthetic guidelines)
We would like to take this opportunity to voice our unwavering support of your businesses. Many of you have made significant improvements over the years, and we truly appreciate these and the investments you all have made in your businesses. The last couple years have been unusually difficult for us all and we need to support each other.
The Atlantic Beach District is gradually becoming its own unique and vibrant center, a “mecca” of activity. At STROM, a group of close to 100 local rental property owners, we place huge value on all that this area of Middletown now offers our rental guests, mainly vacationing families. Our guests are very happy with the amenities in the Beach District, and frequently give positive feedback about them. The vast majority of STROM’ers promote your businesses in our Rental Guidebooks, including the latest menus, and other promotional material. Guests who book with us and return year after year notice and are happy with the continued improvements you all have made, and the additional local businesses that have established themselves in the Atlantic Beach District, like Clementines, Rejects Brewery, to name just a few. Our guests love being able to enjoy a night out without having to go into Newport proper.
We hope the Middletown Town Council will start listening more to the feedback from its constituents when matters like this are being discussed. We encourage the TC to consider feedback from the local business owners that the proposed Plan affects. The TC should certainly allow you all the opportunity to provide your input PRIOR to any final approval on the Atlantic Beach District Overlay Plan.
STROM would like to collaborate with you all going forward. Together we represent the heart of the area, and our opinions and suggestions should matter. We look forward to forming a cohesive and collaborative group together and would welcome group meetings in the future.
Sincerely,
STROM
Judith Rosenthal, 99 Shore Drive, addressed the Council reviewing the Atlantic Beach District Zoning Overlay comparing Section 521 Development Standards to Overlay Design Manual, entered here:
Lisa Amarant, 10 Wedgewood Drive, addressed the Council noting there are no issues in the lower Aquidneck Avenue area, the problem in the area is the sidewalks. Ms. Amarant suggests fixing the sidewalks in the area to make the area more attractive.
Scott Kirmil, Diego’s, 116 Aquidneck Avenue, addressed the Council noting he has made a large investment in the Atlantic Beach District area and does not want so many restrictions. Mr. Kirmil suggests limiting big hotels.
There being no other persons present desiring to be heard, public hearing was declared closed.
Discussion centered around the cost of the Atlantic Beach District project, burying utility lines in the Atlantic Beach District area, sidewalks, and crosswalks in the area, building design standards are town wide and concerns with infrastructure and safety in the area.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance (including the proposals by the Planning Board regarding prohibiting wireless facilities, removal of the Short-Term Rental Lodging numbers, and eliminate the sunset provision for non-conforming signs) on its second reading, as amended.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:35 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 8:46 pm.
9. Email communication of Bristol Town Clerk, re: Bristol Town Council requesting review and consideration of Proclamation – DYSAUTONOMIA AWARENESS MONTH.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
10. (Continued from Regular Meetings of March 18, 2021 and June 21, 2021)
Memorandum of Town Planner, re: Atlantic Beach District Utilities Undergrounding Revised Cost Estimates.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown addressed the Council noting that a presentation was made to MEDAC which suggested reducing utility poles and wires in the Atlantic Beach District area, rather than burying the utility lines. Mr. Brown explained they will be discussing this suggestion with National Grid and will provide an update to the Town Council at a future meeting.
Discussion centered around sidewalks, cost of the project, not being able to move forward with the engineering of the project until a decision is made for the utilities in the area and the TIF.
11. Communication of the 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.
12. 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.
13. Communication of the 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.
14. 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.
15. Appointment of one (1) member to the Coastal Resources Management Council- one (1) vacancy, Middletown Representative, for a term expiring November 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint John Bagwill to the Coastal Resources Management Council for a term expiring November 2022.
16. Appointment of two (2) members to the Library Board of Trustees, for terms expiring September 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Robert Crump and William R. Jones to the Library Board of Trustees for terms expiring September 2024.
17. Appointment of one (1) member to the Tax Assessment Review Board, term expiring October 2024. (Bi-Partisan Board, Democrat or Republican Representative).
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Manuel M. Marques to the Tax Assessment Review Board for a term expiring October 2024.
18. At the Request of Council President Rodrigues, re: Discussion of Council Rule – Regular meetings of the Council shall be held on 1st and 3rd Mondays of each month at 7:00 P.M. or at such other hour as the Council may designate, and if any such date shall occur on a legal holiday, the meeting for that week shall be held on the day following, or on such date as the Council may determine at the previous meeting. Requests for Special Meetings shall be filed with the Town Clerk.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said discussion.
Discussion centered around starting Council meetings at 6:00 pm, if there is an Executive Session, the Regular Meeting portion will be noticed for 6:30 p.m. and limiting the regular portion of the Council meeting to 3 ½ hours.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend Council rules to meetings begin at 6:00 P.M. If there is an Executive Session, Regular Meeting will be noticed to begin at 6:30 P.M., once the regular meeting begins, there is a 3 ½ hour time limit.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:17 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri