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.
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
* AMENDED – APRIL 13, 2022
POSTED APRIL 13, 2022
REGULAR MEETING APRIL 18, 2022
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, April 18, 2022 at 6:00 P.M. Executive Session; 6:30 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person, by telephone conference call/ webinar, 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: 898 8474 8300 or on the web at https://us02web.zoom.us/j/89884748300
If you chose to join the meeting by zoom or telephone, Council Rules allow for the Public to speak only during the Public Forum and Public Hearings. 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, 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.
PLEDGE OF ALLEGIANCE TO THE FLAG
RECONSIDERATION
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.
EXECUTIVE SESSION
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) Land Acquisition, (5) Land Acquisition, (5) Lease (JFK School), *(2) Collective Bargaining, (2) Potential Litigation, *(2) Collective Bargaining (FOP), *(2) Collective Bargaining (TEAMSTERS), *(2) Collective Bargaining (NEARI) and *(2) Collective Bargaining *(NEAM – TEACHERS ASSOCIATION) - 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 7:23 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the fiscal impact statement for NEAM – TEACHERS ASSOCIATION Union.
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.
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 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.
No one spoke during this session.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
BOARD OF LICENSE COMMISSION
3. (Public Hearing Advertised; Abutters notified)
Application of FLATWAVES, LLC d/b/a The Food Shack, 499 East Main Road, for a Class BV Alcoholic Beverage License, for the 2021-2022 licensing year for use at the same premises. (NEW)
Council President Rodrigues noted that this application is for the old Grange property.
Public Hearing was declared open.
There being no other person 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 license.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
Councillor Flynn requested that item #5, be heard under the regular portion of the agenda.
CONSENT
4. Communication of Nellie M. Gorbea, Secretary of State, re: Grant award.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to receive said communication.
5. Communication of George W. Watson, III, Robinson & Cole, re: SB-2021-04 Supplemental Application, The Narragansett Electric Company dba National Grid, Aquidneck Island Gas Reliability Project, Old Mill Lane, Portsmouth, RI.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Flynn requested that Town Solicitor Peter B. Regan to explain the $15 million dollar project and what it means to the neighborhood and the Town.
Town Solicitor Peter B. Regan explained the following:
Over the past two or three winters National Grid has operated a temporary facility on Old Mill Lane. The facility is basically to supplement the gas supplied during the winter following the gas outage we had several winters ago. That was meant to be a temporary solution. The town objected to National Grid continuing to operate the facility on an indefinite basis. As a result of the objection, the Energy Facility Siting Board ordered National Grid to explore alternatives for a permanent site. National Grid went through the process, and unfortunately has come back and decided that they want Old Mill Lane to be the permanent site for this facility. The town has objected to that, as have other parties, including the Town of Portsmouth. The Town has retained Attorney Marisa DeSautal to represent the Town before the Public Utilities Commission and the Energy Facility Siting Board. The Town has also retained some experts to assist in that process. National Grid supposedly has explored all options and decided that Old Mill Lane is where they want the permanent facility. The Town has taken a position that the area is simply not appropriate for the facility. Essentially, this is just another notice, sent to the Town as part of that ongoing process.
6. Application of FEDEX Office/FedEx Office #3795, 7 East Main Road for RENEWAL of Holiday Sales Licenses, for the 2022-2023 licensing year.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
7. Applications from the following named persons, firms and corporations for RENEWAL of Amusement Licenses, for the 2022-2023 licensing year:
Amusement License 2022-2023 Expires: April 19, 2023
Diegos Middletown, LLC d/b/a Diego’s Barro Cantina- 116 Aquidneck Ave
First Beach, LLC d/b/a Newport Beach Hotel & Suites- 1 Wave Avenue
Kempenaar Catering, LLC d/b/a Kempenaar’s Clambake Club- 323 Valley Rd
Newport Beach House, Inc. d/b/a Newport Beach House-
3 Aquidneck Avenue
Newport Vineyards and Winery, LLC d/b/a Newport Vineyards- 909 East Main Road
Seaview Inn, LLC/ The Atlantic Resort- 240 Aquidneck Avenue
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to grant said license renewal.
LICENSE/PERMITS
8. Application of FLATWAVES, LLC d/b/a The Food Shack, 499 East Main Road, for a Victualling House License for the 2021-2022 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.
9. Applications eleven (11) Special Event Permits from Sweet Berry Farm, 915 Mitchell’s Lane, 1) Ferreira Wedding, Wedding Anniversary Party, Saturday, June 11, 2022, 5:00 pm–10:00 pm – The Barn 2) Pombo/Hamel Wedding, Saturday, June 18, 2022, 5:00pm-10pm – The Barn 3) Fontaine/Piacentini Wedding, Saturday, July 16, 2022, 5:00pm-10pm – The Barn 4) Delvecchio/Buffery Wedding, Friday, July 22, 2022, 5:00pm-10pm – The Barn 5) McGuirt/Carbone Wedding, Saturday, August 13, 2022, 5:00pm-10pm – The Barn 6) Mather/Cyr Wedding, Saturday, August 20, 2022, 4:30 pm-9:30pm – The Orchard Field 7) Dombrowski/Edwards Wedding, Saturday, August 27, 2022, 5:00pm-10pm – The Barn 8) Casey/Valenti Rehearsal Dinner, Thursday, September 1, 2022, 5:00pm-10pm – The Barn 9) Leonardo/Bridges Wedding, Friday, September 16, 2022, 5:00pm-10pm – The Barn 10) Connor/Elby Wedding, Saturday, October 15, 2022, 5:00pm-10pm – The Barn 11) Condry/Campbell Wedding, Saturday, October 22, 2022, 5:00pm-10pm – The Barn.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permits.
10. Application of Mykono Pizza Pub, LLC dba Mykono Pizza Pub, 59 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2022-2023 licensing year. – Current conditions: Acoustic music only, no amplification, doors and windows closed and ceasing at 10:00 p.m. Licensee is requesting the Council to review conditions.
On motion of Vice President Welch, duly seconded, grant said license renewal.
Nick Petsonias and Christina Sturm, representing Mykono Pizza Pub, were present to answer Council inquiries.
The applicant requested that conditions of the license be reviewed and lifted, to allow the license holder to have the same conditions as all other Amusement Licenses in the Town.
"Ms. Flynn explained that the council agreed at the February meeting that the license should be reviewed after a year." “There are no businesses with an Amusement License on the east side (the neighborhood side) of Aquidneck Avenue." (It was determined that the only Rustys and Diegos have Amusement Licenses in the Atlantic Beach District and both businesses are located on the west side of Aquidneck Avenue, furthest from the neighborhood.)
Discussion centered around that the owner offered to have a decibel test in the parking lot, the location of the restaurant is in the Atlantic Beach District and is surrounded by residential properties, the business is requesting a level playing field, the business wants to be a good neighbor, noise that patrons make when leaving a restaurant/bar, other restaurants in the area on have the condition of the doors and windows must be closed, the applicant is only leasing the first floor of the building, and patrons are allowed to be in the building until 1:00 am even when there is no music.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
OTHER COMMUNICATION
11. Communication of the Auditor General, re: Requesting additional information for the School Department regarding the approval of the deficit reduction plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Town Administrator Shawn Brown noted he has met with the Auditor General and discussed the Performance Audit. Mr. Brown explained the Auditor General will review the Performance Audit criteria before the Town issues an RFP for the Performance Audit.
Discussion centered around the timeline for the Performance Audit and the Budget Adoption for the new Fiscal Year, the Interim Business School Manager is working to identify the source of the budget issues and once the March financials are completed the Town Council will be given the information.
TOWN COUNCIL
12. Memorandum of Vice President Welch and Councillor Flynn, re: Short-Term Rental Status.
Vice President Welch reviewed the memorandum above. Mr. Welch inquired where Council Members stand on this issue, how does the Town form a position or opinion on an issue and where does the statement to the paper come from?
Town Administrator Shawn Brown, read the following email sent to the Newport Daily News by Public Relations Officer, entered here:
Laura,
Thanks for the email and interest.
The Town currently has one zoning enforcement officer — Joe Emanuel — and we’re working on filling another vacancy in that department for a second zoning enforcement officer.
With that in mind, part of Joe’s duties include registering short-term rentals and handling short-term rental related issues, whether it’s during the summer months or year-round.
Based on the data we as a Town saw from the summer of 2021, there really isn’t a “short-term rental” issue in Middletown, something we expect to continue for the coming summer of 2022.
On average, the Town saw a call or two a week related to short-term rentals and usually those were isolated issues that were addressed quickly without any problems.
While obviously there are exceptions to the rule, overall the belief in Middletown is that short-term rental properties generally fit into the fabric of our neighborhoods relatively seamlessly.
In recent weeks, we’ve been making a strong push for short-term rental operators to register their properties at https://mdl.town/STR online.
Let me know if you need anything else and have a good evening!
Matt Sheley
Town Administrator Shawn Brown explained that the Town data shows one to two calls regarding Short-Term rentals per week, noting most of the Municipal Court tickets for Short-Term Rentals were issued to Short Term Rental owners who were not registered. Mr. Brown explained there was a total of 70 tickets issued and fines were paid in the amount of $18,999.50. Mr. Brown noted that most residents do not want Short-Term Rentals in their neighborhood.
Discussion centered around the data the Town Administrator is for Short-Term Rental issues is from the Police, Building Official and Town Clerk, some people are contacting the Town Council instead of the Police Department with Short-Term Rental complaints, the effect of the City of Newport limiting their Short-Term rentals on Middletown, the Newport Daily News did not use the entire email quote in there article regarding Short-Term rentals in Middletown and the Council has spent a lot of time reviewing the Short-Term rental ordinances.
Bill Hinchy, Middletown, addressed the Council noting he is surrounded by Short-Term rentals, not all are bad. Mr. Hinchy explained that in his area of Town there are many nights when people are walking down the street and throw trash into his yard and bushes. Bill Hinchy also noted he is unable to sit outside and enjoy his property.
Steve Morin, Middletown, addressed the Council explaining he came to the meeting to understand the Short-Term Rental discussion. Mr. Morin noted the need to discuss a more robust program for the Short-Term Rentals in Town and consider a balance between with the needs and concerns of permanent residents.
Rob Connerney, Middletown addressed the Council reviewing the following:
4/15/2022
To: The Honorable Paul Rodrigues, President & members of the Middletown Town Council
From: Rob Connerney, Middletown Resident
Subject: Thoughts for Addressing Short Term Rental Regulation in Middletown
On Wednesday March 23rd, the Newport City Council passed an ordinance which prohibits property owners in Newport’s residential zones from renting their properties for less than 30 days, unless the home serves as a primary residence. As Middletown abuts Newport and our town line is walking distance to downtown Newport, there can be no doubt that this will drive higher occupancy rates in existing STR's and increased investment in new STR's in Middletown. There is a very real risk that STRs will reach an unacceptable concentration in some of our neighborhoods, in particular Easton’s Point and surrounding areas. It would be very shortsighted to ignore this development and not take action to protect our community from a proliferation of STRs.
The town should be exploring what Newport has done (prohibiting STR’s in residential areas) as well as looking at what other communities across the country have done. I call your attention to a similar situation occurring in the Lake Tahoe CA region, and the bordering Douglas County Nevada. This region had the foresight and governance to adopt similar ordinances across the region (inclusive of CA and NV) through the Tahoe Regional Planning Agency.
But how they got there is immaterial. Please have a look at the Douglas County Nevada Vacation Home Rental ordinance located here: https://www.douglascountynv.gov/cms/One.aspx?portalId=12493103&pageId=17786160
To summarize some features of this ordinance:
- Vacation Home Rentals (VHRs) for under 28 days are only allowed in the Tahoe Township area of Douglas County with a permit
- They mean it: Violators are subject to a $20,000 civil penalty
- Obtaining a VHR is not a right. Douglas County reserves the right to determine which property locations are appropriate and when the permit may be revoked or denied.
- There is a cap on the total number of permits available and the maximum number of permits that may be issued in any given neighborhood. For example “No community shall have more than 15% VHRs in single-family communities “.
- However Tier 1 permits for owner occupied VHR’s are not subject to the cap. (no limit on permits if the property is occupied by the owner during the rental period)
- A separate permit is required for each VHR unit and a permit may only be issued to the owners of the unit. Permits are limited to one permit per family (residing in the same household).
- A VHR permit is good from the date of issuance for one calendar year. New permits are subject to a waiting list if the density limit has been reached.
- Permits do not convey with the sale of the property.
- Renters are issued a parking permit which they must display on their vehicle
- A robust Vacation Home Rental Task Force, advisory board, and enforcement resources
Full ordinance here: https://p1cdn4static.civiclive.com/UserFiles/Servers/Server_12493019/File/Community%20Development/Code%20Enforcement/2021-1588Signed.pdf
FAQ here:
An interactive map here showing every single VHR with current permit and owner data: https://douglasnvgis.maps.arcgis.com/apps/webappviewer/index.html?id=cdb135c153e94cedad09c9356c7fb7a7
The first step for Middletown is to answer the fundamental question: How many STR’s are currently operating in our neighborhoods, i.e., what is the current density by neighborhood. This can be done as Douglas County has done with the interactive map that is available for all residents to see.
This is not a difficult task and as you have seen the tools exist and are being used elsewhere. the Town requires STRs to register. The town is accepting funds from AirBnb and other STR operations; it is therefore incumbent upon the town to know where these properties are and it is the right of residents to know that STRs are being operated in compliance with town ordinances.
Rob Connerney
9 Renfrew Park
Leon Amarant, Middletown, addressed the Council reviewing the following:
Dear Council,
I hope you are enjoying your weekend and for all those who are celebrating, Happy Easter to you and your families.
Apologies in advance for the lengthy email but I find it shocking, and frankly quite disappointing, that we are here again, talking about short term rentals in Middletown...again. Since it seems that some of us have short memories, it is important to review the history of how we arrived where we are today.
As we are all aware, the town recently went through an extensive and rather exhaustive process in an effort to understand the STR dynamic in Middletown. An endeavor led by councilor Von Villas along with councilors Logan and Welch with the support of our town officials and with plenty of feedback from Middletown residents.
The process began with a town wide survey. The result of this survey showed that a majority of the close to 300 respondents had little to no issue with STRs in town.
The process also involved the creation of a task force, then a subcommittee, who worked with town officials and the police department to collect and analyze historical complaint data. An analysis of that data showed little to no historical issue with STRs.
During this time, STROM, a consortium of over 100 rental property owners (and growing) was established. These individuals assembled in an effort to ensure STRs in town were properly being managed and were also abiding by all town rules and regulations. That group is still quite active and our efforts are ongoing.
And while there were some unfortunate bumps along the way, this entire process culminated in an updated STR ordinance that was voted on and approved by this council just months ago. The process also resulted in the hiring of Summer interns as well as the creation of a new full time position to the town's zoning department. Resources specifically created to register STRs and to also address any issues or concerns associated with STRs.
While the first person that was hired for the zoning department role had her issues and didn't work out (a topic of discussion for another day which I am personally gladly willing to have), the current STR zoning resource, Mr. Emmanuel, is by all accounts working out well. I understand that he is developing very positive relationships within the community and is doing a fine job.
In addition to the changes Middletown made at the local level, legislation to create a state-wide registry of STRs was also approved, which will be in place by June of this year. This will require all STRs in RI to be registered with the state Department of Business Regulation in order to be listed on online booking platforms. This will also ensure that all STR tax revenues are collected and properly remitted to the state and to this town.
I've also done a bit of research into the STRs in town. Using the town's current STR registration list, data from Vision appraisal, and complaint data provided by the town, the following are a few interesting facts regarding STRs to keep in mind during any discussion in the matter:
- There are roughly 300 STRs in Middletown, which is approximately only 6% of the 5000+ residential homes in town
- Those 300 STRs, comprise of approximately 1000 rooms, which represents approximately half of tourist accommodations in town
- The overwhelming majority of these 300 STRs are located in and around Easton's Point, near the beaches
- STRs have been part of the nature of Easton's Point going back well over 100 years, before Airbnb and well before any of us were even born (see photo below for historical context)
- Two thirds of the 300 STRs are owned by either residents of Middletown or Newport County
- 2021 was a banner year for tourism. The occurrence of any issues with STRs in relation to the the total number of stays hosted were so minimal that those issues are, and should be thought of as statistical anomalies
- STRs bring significant tax revenue to the town in the form of sales taxes, hotel taxes, registration fees, and food and beverage taxes paid by guests. These guests are also crucial to the viability of our small businesses.
- of our small businesses.
The above photo is taken from the book "Images of America Middletown". The caption on this photo reads: "At the turn of century, "In and Around Newport" (published by Clarence Stanhope in 1892) advertised the Land Trust Company's five rental cottages on Easton's Point as fully furnished, including linens and table service, and featuring meals prepared by a caterer. In addition, each cottage was provided with a butler and servants. A stable provided accommodation for tenants' horses and carriages".
The reality is that STRs have a long history in town, they represent just a small percentage of the housing stock in Middletown, they are largely owned and actively managed by Middletown residents, they have not been particularly problematic, and they are crucial to the economic well being of this town.
So, the position of our town officials, as stated in the Newport Daily News article referenced in councilors Welch and Flynn's memo, is in fact consistent with all of the facts, knowledge, and understanding gained throughout this exhaustive process. It is surprising that there is any concern whatsoever with the careful, measured response the town council and our town officials have taken in addressing this hot button topic. In my opinion, Middletown as a whole should actually be commended for the work that has been done in addressing and managing STRs.
Now, it seems as though the reason we are discussing this again is a result of feedback from a small, but vocal minority of residents. It appears that some of these individuals are just anti short term rental in principle.
One major concern I have after analyzing the "See Click Fix" complaint data is that the data indicates that a single online account is responsible for the majority of complaints in the system. This individual is reporting complaints anonymously throughout town in an effort to further their own agenda, giving the false impression that STR issues are more widespread than they are. If that is indeed the case, it is very troubling and is something that should be investigated. A few residents being responsible for a gross misuse of our town resources is a problem every Middletown taxpayer should be concerned with.
But yes, some complaints certainly will have merit as STRs are not immune to problems. But again, the facts are clear and show that issues with STRs are not wide spread across Middletown. They are few and far between and are being handled by the resources the town has allocated to deal with them. When any issues occur, they are quickly resolved .
With all of this in mind, I implore this council to refrain from any emotional, knee jerk reactions to the complaints of the vocal minority. Rely on the facts and have faith in our town officials to do the job they have been tasked to do. That job is to enforce the newly established STR ordinance, which again was approved by this council just a few months ago.
And finally, to Mr. Brown, Mr. Costa, and Chief Kewer,
STROM membership continues to grow and remains active and committed towards working to ensure that properties and guests are properly managed, rules are followed, and that peace in our community is kept. If there is any way we can help in the future please feel free to reach out to me directly. I will personally relay any messages to our board and to the rest of the STROM membership.
Thank you all and best regards,
Leon Amarant
John Bagwill, Middletown, addressed the Council reviewing the following:
Discussion centered around having a map which shows where all the Short-Term Rental properties are located in Middletown.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:57 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 9:07 p.m.
13. Memorandum of Councillor Flynn, re: West Main/Coddington Property – Information Sign.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed her memorandum above, a map of abutting properties and abutters list of property owners within 200 feet, which is on file in the office of the Town Clerk. Ms. Flynn explained that only the property owners received notification, not the residents of the property.
Town Administrator Shawn Brown reviewed the following banner, which has been ordered for the West Main Road location.
Town Solicitor Peter B. Regan noted abutter notification was part of the community engagement plan for the development, these public meetings do not have the same requirements as a public hearing for zoning or planning meetings.
TOWN ADMINISTRATOR
14. Memorandum of Town Administrator, re: Affordable Housing Committee Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Francis J. Spinella, representing FJS Associates, was present to answer Council inquiries.
Discussion centered around the project is ready to move forward, architects are ready for the project, the Affordable Housing Sub-Committee voted to move to the next step, there is no effect on having Affordable Housing in one area of Town, there is a plan to relocate the School Administration from Oliphant School if needed and the Town will apply for funding in December 2022, but will most likely not be notified if the Town will receive funding until next spring 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize to proceed with the development of housing at the Oliphant School property Plan B plan (townhouse style) in addition to the Peckham property development, as recommended by the Affordable Housing Committee.
15. Memorandum of Finance Director, thru Town Administrator, re: Beach Equipment Rental and Mobile Food Concession Bids.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Solicitor Peter B. Regan recused himself from acting on the following items, #16 and #17, of business, due to a possible conflict of interest.
16. Resolution of the Council, re; Second Beach Equipment Rental, awarded to Island Elements, Inc.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
17. Resolution of the Council, re: Third Beach Equipment Rental, awarded to Island Elements, Inc.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
18. Resolution of the Council, re: Second Beach Mobile Food Concession, awarded to Longade, LLC.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
19. Memorandum of Finance Director, thru Town Administrator, re: Portable Toilets.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
20. Resolution of the Council, re: Award of Portable Toilet contract to Hallman’s Septic.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
21. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 03/31/2022 – Town of Middletown.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and report.
BOARDS AND COMMITTEES
22. Appointment of two (2) members to the Juvenile Hearing Board for terms expiring April 2025.
Councillor Santos nominated Barbara Barrow, duly seconded
Council President Rodrigues nominated Lisa Ruth, duly seconded
A vote was taken:
It was voted unanimously to appoint Barbara Barrow and reappoint Lisa Ruth for terms expiring April 2025.
Council President Rodrigues requested the Council Clerk to send a letter thanking Diana Campagna Skaggs for her service to the Town.
23. Appointment of two (2) members to the Middletown Outreach Subcommittee, terms to be determined.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Abigail Dunn and Deanne Reilly to the Middletown Outreach Subcommittee for an indefinite term.
24. Appointment of two (2) members to the Middletown Prevention Coalition, healthcare sector term, expiring April 2023 and youth sector, expiring April 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Pamela Crocker to the healthcare sector, term expiring April 2023 and appoint Caitlin Brett to the youth sector for a term expiring April 2024.
25. Appointment of four (4) members to the Zoning Board of Review, one (1) vacancy, Regular Member, term expiring April 2027, one (1) vacancy, First Alternate, term expiring April 2023, one (1) vacancy, Second Alternate, term expiring April 2023 and one (1) vacancy, Third Alternate, term expiring April 2023. (Council action; Council Rule #33 – New applications to be interviewed)
Councillor Flynn addressed the Council noting she is in favor or interviewing all applicants.
Discussion centered around only interviewing new applicants and not making appointment to the board until after interviews.
Councillor Turano recommended Thomas Heaney
Councillor Santos nominated Henry F. Lombardi, Jr., as First Alternate, duly seconded
Councillor Turano recommended Thomas Heaney, duly seconded
Councillor Santos recommended Henry F. Lombardi, Jr., as First Alternate, duly seconded
Council President Rodrigues nominated Judith Rosenthal as Second Alternate, duly seconded
A vote was taken.
It was voted to reappoint Thomas Heaney, Regular Member, term expiring April 2027, appoint Henry F. Lombardi, Jr., as First Alternate, term expiring April 2023 and appoint Judith Rosenthal as Second Alternate, term expiring April 2023; Councillor Flynn voted NO to said motion.
Councillor Flynn noted she was opposed because she wanted all applicants to be interviewed.
Council President Rodrigues request the Council Clerk to notify Emily Tessier that the Council will interview her on Monday, May 2, 2022, for the Zoning Board.
26. Email communication of Joseph A. Cirillo, re: Resignation from the Roads and Utilities Advisory Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:39 p.m.
__________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri