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 in person and by telephone conference call/webinar, on Monday, June 20, 2022, at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
POSTED JUNE 15, 2022
REGULAR MEETING JUNE 20, 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, June 20, 2022; 6:00 P.M. Budget; 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: 865 1174 8592 or on the web at https://us02web.zoom.us/j/86511748592
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.
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. Review of Town of Middletown Proposed Budgets and Capital Improvement Plan, General Fund, Parks & Recreation Fund, Sewer Fund and Refuse & Recycling Fund for the Fiscal Year 2022-2023 and matter 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 for the Fiscal Year 2022-2023 and matter related thereto.
Council President Rodrigues noted any outstanding questions would need to be answered by Thursday, June 23rd for the Second Public Hearing on the budget.
Finance Director Marc Tanguay reviewed the Civic Appropriations hand out provided to the Council this evening, entered here:
The Town Council reviewed each line item in the Civic Appropriations list above, all line items were supported, with the exception of Clean Ocean Access, Community Blessings, Newport County YMCA, Child and Family Services, and Middletown Youth Soccer Club, which the Council requests each applicant attend the 2nd public hearing to explain their additional funding or new request for civic appropriation. The Council also requested the Finance Department reach out to those that did not reapply for funding this year.
Councillor Turano requested to discuss the funding for the Children, Youth and Learning Department, noting 21 students were able to graduate from Middletown High School with the assistance of the Beyond the Bell Program. Councillor Turano noted the need for a full-time coordinator for the department to develop programs.
Discussion centered around the need to start with a part time coordinator, the coordinator should not be paid as much as a full-time teacher, if an administrative assistant is needed for the department, and the High School Principal has met with local businesses to create course credit opportunities for high school students to assist with credits needed to graduate.
On motion of Councillor Turano, duly seconded, to budget for a full-time coordinator for the Children, Youth and Learning Department, base pay of $60,000 plus benefits, and include the programs costs of $25,000 and operating costs of $10,000.
Councillor Turano restated the motion from above and it was voted on at this time.
On motion of Councillor Turano, duly seconded, it was voted unanimously to budget for a full-time coordinator for the Children, Youth and Learning Department, base pay of $60,0000 plus benefits, and include the programs costs of $25,000 and operating costs of $10,000.
Discussion centered around outstanding budget questions that still need to be answered by Thursday, the proposed tax rate for the upcoming fiscal year, vacancies in positions in the Town, expansion of the part time position in the Middletown Prevention Coalition Department to full time, the need for data to support the expansion of a part-time position to full time within the Prevention Coalition, the estimate for a new accounting system in the CIP has not been fully vetted (the number is for budget purposes), the need for a business manager in the School Department, the need to develop a plan for the Town Finance and School Business Offices to continue to work together, the Town continuing to oversee the School finances and expenditure approval, the use of ARPA funds to eliminate the school deficit, holding $500,000 in a contingency fund for the school budget, using ARPA funds for needed athletic equipment at the School Department, the purchase of athletic equipment should be based on the needs of health and safety, using ARPA funds to support the art/music program at the School Department, the elimination of 5 teaching positions impact on academics, if a Deputy Town Administrator is a needed position, and the funding of additional positions within the budget would eliminate the need for a Deputy Town Administrator.
Edward McPherson, representing Newport County Mental Health, addressed the Council noting appreciation for the consideration of continued civic support.
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.
3. Applications five (5) from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F-1 Alcoholic Beverage Licenses - (One Day Only License) for the same premises on the following dates:
Friday, July 8, 2022 – 6:30 pm to 9:00 pm
Friday, August 5, 2022 – 6:30 pm to 9:00 pm
Friday, September 16, 2022 – 6:30 pm to 9:00 pm
Saturday, October 1, 2022 – 6:00 am to 9:30 pm
Sunday, October 2, 2022 – 6:00 am to 9:30 pm
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said licenses.
4. Application of K &E Corporation, 120 West Main Road, holder of a Class BV Alcoholic Beverage License to TRANSFER said License to Napha Thai Cuisine, LLC dba Napha Thai Cuisine, 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 public hearing to be held on Tuesday, July 5, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
5. Approval of Minutes, Regular Meeting, May 16, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Approval of Minutes, Special Meeting, May 25, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, Special Meeting, June 4, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, Regular Meeting, June 6, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. Communication of J. Clement Bud Cicilline, 1st Vice President, NAACP, re: Appreciation for support.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
10. Applications for the following named persons for renewal of a Tattoo License for the 2022-2023 licensing year (Licenses are for Trouble Soul Tattoo Shop, 999 West Main Road):
Angel Camacho, North Kingstown, RI
India Scott, Fall River, MA
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
11. Application of Peabody’s Beach Enterprises, LLC dba Peabody’s Beach, Third Beach Road, for a RENEWAL of a Victualling House License for the 2021-2022 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
12. Application for Special Event Permit four (4) Events Norman Bird Sanctuary Music Series to be held at the Norman Bird Sanctuary, 583 Third Beach Road, 1) Friday, July 8, 2022 – 6:30 pm to 9:00 pm 2) Sunday, July 10, 2022 - 9:00 am to 11:00 am
3) Friday, August 5, 2022 – 6:30 pm to 9:00 pm and 4) Friday, September 16, 2022 – 6:30 pm to 9:00 pm. (Applicant respectfully requests Permit fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permits and waive said permit fees.
13. Application for Special Event Permit from Bradley Hierholzer, Hagerty July 4th Fireworks at Peabody’s Beach, Sunday, July 3, 2022 from 6:00 pm to 10:00 pm. (Fireworks display at 9:00 pm)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
14. Application for Special Event Permit from Newport Historical Society for The Newport Show – Antique Show to benefit The Boys & Girls Clubs of Newport County, Inc. to be held at AUDRAIN BUILDING – OWNER - ARC PNNEWRI001 LLC, 250 West Main Road, Middletown, RI on Friday, July 29, 2022 from 5:00 pm to 9:00 pm, Saturday, July 30, 2022 from 10:00 am to 6:00 pm and Sunday, July 31, 2022 from 10:00 am to 4:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
15. Application for Special Event Permit from Rhode Races & Events, Inc. for Newport Rhode Races (Marathon Road Race) to be held on Town roadways and Second Beach Parking Lot on Saturday, April 15, 2023 from 7:30 am to 1:30 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
16. Communication of Robert M. Silva, Middletown Economic Development Advisory Committee, re: Atlantic Beach Tax Increment Financing (TIF) District.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Robert Silva, Middletown Economic Development Advisory Committee Chair, reviewed the memorandum above, noting the request to fund the TIF District $300,000 in the upcoming budget year to assist with projects in the Atlantic Beach District area. Mr. Silva also reviewed the memorandum below from John Bagwill.
Discussion centered around the current balance of the TIF account is $418,000, the budget for the upcoming fiscal year is tight, ARPA funds may be used to fund the school deficit, and the possibility of funding the TIF in the future.
Councillor Flynn noted the following:
The TIF was a very unique tool that came about. Everyone worked really hard to actually get it in place so it would be good to see it functioning. I get that this year is extra, extraordinary. But just like our own CIP, if we do not fund it given the mechanisms that we have, that resource will not be there when opportunity knocks to improve the area, which will then generate more taxes. It is something that I think we definitively need to have on the "To Do List" for next year, even if it is just a pittance to start, to make sure [funds] starts to accumulate.
Councillor Santos left the dais.
Town Solicitor Peter Regan recused himself from acting on the following item of business #17, due to a possible conflict of interest.
Attorney Marissa Desautel was present to represent the Town on the following item.
Councillor Turano recused himself from acting on the following item of business #17, due to a possible conflict of interest.
17. Memorandum of Attorney Marisa Desautel, re: Ordinance Amendment Short-Term Residential Leases.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues reviewed the history of how this potential change to the ordinance came about, inquiring if each individual with a short-term rental property would have to obtain a special use permit through the zoning board and if current registered short-term rentals would be grandfathered in. Council President Rodrigues expressed concern with each individual having to obtain a special use permit and the burden placed on the zoning board.
Attorney Marissa Desautel, responding to Council President Rodrigues, noted if this proposed amendment to the ordinance is adopted, each short-term rental operator would have to obtain a special use permit and the option of grandfathering in short term rental owners would have to be discussed.
Councilor Santos returned to the dais.
Councillor Flynn noted the following:
I do want to remind everyone that this whole issue came up at the beginning of May to explore ways to be proactive in managing the Short-Term Rental presence in Middletown as a whole. We went on this premise from [Attorney Desautel] that the state law says that you cannot deny anybody doing that business. From that premise, the suggestion or solution was to go by way of a Special Use Permit. I have read the legislation; It is definitely clear that it says that you cannot prevent someone from utilizing an on-line platform to advertise, but it is not real clear that the town is actually prohibited in having mechanisms of management. That is something I would like to have looked into a little bit more. I know the legislation was sponsored, at least one sponsor, was Dawn Euer. It might be worth it to explore the intent of the legislation or get additional explanation before we go forward.
Discussion centered around waiting to make changes to the ordinance to see how the rental season goes with the new ordinance in effect, waiting to change the ordinance to allow for a full summer of enforcement, the building office is fully staffed to enforce short-term rentals, the summer interns at the police department will be assisting with short term rental enforcement, and allowing for a full year of data regarding short-term rentals before making any additional changes to the ordinance.
Councillor Turano and Town Solicitor Peter Regan returned to the dais.
18. Memorandum of Councillor Flynn, re: Regionalization.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed the memorandum above, inquiring if the public would be able to submit their questions regarding regionalization on the Middletown Shares page of the website.
Ms. Flynn thanked Mr. Brown for the following activity sheet, entered here:
Town Administrator Shawn Brown, responding to Councillor Flynn, explained the Regionalization Steering Committee is gathering information and this may be an early request at this time. Mr. Brown suggested the option of submitting questions online regarding regionalization be considered down the road once more information is available.
19. Memorandum of Finance Director, thru Town Administrator, re: Middletown Public Library Janitorial Services Contract.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
20. Resolution of the Council, re: Award contract Middletown Public Library Janitorial Services.
On motion of Vice President Welch, duly seconded, to pass said resolution.
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 pass said resolution.
21. Memorandum of Finance Director, thru Town Administrator, re: Audit Services Bid- Extension for 1 Additional Year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
22. Resolution of the Council, re: Audit Services Bid- Extension for 1 Additional Year.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum above, explaining the Auditor General approved the 1-year extension.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
23. Email communication of Henry “Rick” Lombardi, re: Resignation from the Zoning Board of Review.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication resignation, with regret.
24. Appointment of two (2) members to the Middletown Outreach Sub-Committee, terms to be determined.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Tami Holden and Tom Kowalczyk to the Middletown Outreach Sub-Committee.
25. Appointment of one (1) member to the Middletown Prevention Coalition, other organization involved in reducing substance abuse sector, term expiring April 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said application at the request of the applicant.
26. Appointment of one (1) member to the Roads and Utilities Advisory Committee, to complete a term expiring January 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Julian Peckham, IV to the Roads and Utilities Advisory Committee to complete a term expiring January 2023 (Resident member).
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:11 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri