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, May 2, 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
Assistant Town Solicitor Richard Sayer was present.
POSTED APRIL 27, 2022
REGULAR MEETING MAY 2, 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, May 2, 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: 876 4256 4997 or on the web at https://us02web.zoom.us/j/87642564997
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. 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) 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 6:04 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:50 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Teacher Contract (NEAM Teachers Association).
On motion of Vice President Welch, duly seconded, it was voted unanimously to extend the lease for the JFK School to June 2023.
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.
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.
3. Emily Tessier, applicant
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said interview.
The applicant was sent the following questions, which were answered in writing prior to the interview.
Council President Rodrigues asked the following question, which were answered by Ms. Tessier.
Zoning Board Interview Questions:
4. Appointment of one (1) member to the Zoning Board of Review, Third Alternate, term expiring April 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Emily Tessier to the Zoning Board of Review, Third Alternate, for a term expiring in April 2023.
5. Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said project update.
Town Administrator Shawn Brown reviewed the following:
To: Hon. Paul M. Rodrigues, President
Town Council Members
From: Shawn J. Brown, Town Administrator
Date: April 27, 2022
Re: Updates on Middletown Projects
Here is a brief update on town projects:
Affordable Housing –committee met on Tuesday, April 26. Consultant working on master plan for Berkeley-Peckham and Oliphant School properties. Targeted submission of master plan to Planning Board in June.
Middletown Center – the Planning Board held a public hearing on the proposed concept plan for the West Main Road/Coddington property on Thursday, April 21, at 6:00 p.m. at Town Hall. There will be another special Planning Board meeting in May to review Middletown Center concept, date TBD.
Green End Safety / Roundabout – on the Town Council docket for May 2, 2022.
Roads – the Town Engineer and Director of Public Works are revising the paving program for FY2023. A bid solicitation will go out during the month of April. The contract will be awarded after July 1, 2022.
Tax Reform – implementing the tiered residential tax program. As of April 27, 2674 residents were registered for the program. Deadline to apply is Monday, May 2.
Middletown Outreach – the Committee will be meeting (TBD) to discuss a joint MPD-MFD Public Safety Academy for this summer.
School Building Committee – Building Committee meets on April 28 to discuss building plans based on potential reimbursement based on regionalizing Newport and Middletown school districts.
Middletown IT Department Update – Next 5 Years – currently addressing wastewater infrastructure needs.
Bond – Infrastructure Repair – preparing scope of work and budgets for work on Colony Drive and Shore Drive
Pickleball Courts – waiting for news about the RIDEM grant
Keeping Middletown Clean – we recently received information on a Rhode Island state program for cleaning up litter, ‘Keep Rhody Litter Free’. This information has been added to the town’s website.
ARPA Money/Projects – Special Planning Board meeting on Thursday, May 5 at 6:00 p.m. to review project ideas submitted to the Town for potential funding from American Rescue Plan Act (ARPA) funds allocated to the Town, and recommendation to the Town Council on the consistency of submitted projects with the Middletown Comprehensive Community Plan.
Town/School Consolidation – on hold pending regionalization.
Water Issues/Maidford River Project – grant application submitted to NRCS for construction. Need to resolve soil testing issues with local property owners.
Short Term Rentals – on Town Council docket for discussion.
Build-Out Study Recommendations – The Town Council reviewed the Full-build impact study prioritized recommendations presented by Steve Cabral, Crossman Engineers, at the August 2, 2021 meeting. The BMP water testing is ongoing. The BMP inventory has been done in accordance with the MS4.
Planning Board Recommendations to the Town Council
| Description | Date - received | Date – anticipated action |
| Currently advertising and notifying 204 abutters for Amendment to the Comprehensive Community Plan - Comprehensive Plan/Zoning Map consistency- A portion of this has been completed, this is the last portion of the request. | April 15, 2019 | Advertised for public hearing, April 5, 2021 Town Council referred this item back to the Planning Board on April 5, 2021 - Planning Board recommendation received; will be on the July 6, 2021 Council docket to be ordered advertised and abutters notified for a future public hearing. - To be advertised for Public Hearing - January 2022 Adopted- April 4, 2022 |
| Proposed Atlantic Beach District overlay zoning. | July 6, 2020 | Adopted September 20, 2021 |
| Amendments to the Development Plan Review (DPR) process – Zoning Ordinance § 306 | February 1, 2021 | Adopted - May 17, 2021 |
| Proposed new zoning ordinance Article 27B – Outdoor Lighting. | February 1, 2021 | Advertising for public hearing, May 3, 2021 Continued for first reading June 7, 2021- On June 7, 2021 item was referred back to the Planning Board; Planning Board recommendation received; will be on the July 6, 2021 Council docket to be ordered advertised for Public hearing - First Reading November 1, 2021. |
| Amendments to Section 301 & 302 Middletown Rules and Regulations Regarding the Subdivision and Development of Land regarding conservation development submission requirements. | February 16, 2021 | Approved - April 5, 2021 |
| Proposed Ordinance amendment – Marijuana related uses- Awaiting summary from the Town Solicitor. | March 15, 2021 | Adopted - October 4, 2021 |
| Proposed Amendment to the Middletown Zoning Ordinance, Section 704 (E) - Height and Yard Modifications regarding height limit in flood zones | April 5, 2021 | Adopted - May 17, 2021 |
| Councillor Flynn’s request - Parking Ordinance | April 5, 2021 | Referred to the Planning Board for review and recommendation |
| Karen Roarke’s request to codify the Council Resolution - Sidewalks - Esplanade | April 5, 2021 | Referred to the Planning Board for review and recommendation Adopted April 4, 2022 |
| Proposed Amendment to the Middletown Zoning Ordinance, Section 400-Defiitions, Section 602 - Schedule of District Regulations, Section 703 - Accessory Uses and Structures and Section 725- ground -mounted solar photovoltaic installation including design requirements for all arrays and specific provisions for arrays mounted on carports and canopies | May 17, 2021 | Second Public Hearing - October 18, 2021 Adopted October 18, 2021 |
| Proposed Amendment to the Middletown Zoning Code - Farm-Promotion Accessory Use | June 7, 2021 | Second Public Hearing - October 18, 2021 Adopted October 18, 2021 |
| Proposed Amendments to Article 27A Mixed-Use Development | September 20, 2021 | Referred back to the Planning Board for further review Adopted December 20, 2021 |
Councillor Flynn requested that item #8 be heard under the regular portion of the agenda.
6. Approval of Minutes, re: Regular Meeting, April 4, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Approval of Minutes, re: Regular Meeting, April 18, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of FY2023 Budget Schedule.
Monday, May 16, 2022 – Town Council Officially Receives Budget
Wednesday, May 18, 2022 – Budget Meeting with School Department – 6:00 pm
Saturday, June 4, 2022 – Budget Meeting all Funds – 8:00 am
Monday, June 6, 2022- Budget Review- Time to be determined
Wednesday, June 15, 2022 – 1st Public Hearing Budget – 6:00 pm
Wednesday, June 22, 2022 – 2nd Public Hearing Budget – 6:00 pm
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said budget schedule with amendment; changing the 2nd Public Hearing for the Budget to Thursday, June 23rd at 6 pm.
9. Applications for the following named persons, firms or corporations for renewal of Mechanical Amusement Device License for the 2022-2023 licensing year:
Mechanical Amusement Device – Expires – May 5th, 2023:
Boston Concessions Group/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)
Kempenaar Real Estate/Howard Johnson Motor Lodge- 351 West Main Road
(Four Games)
S.C.S.JR. Restaurant Corp., Inc/Scotty’s Big Dawg’s Sports Pub – 823 West Main Road
(One Juke Box, One Pool Tables and One Game)
Shaw’s Supermarket, Inc.- 71 East Main Road
(One Game)
SK Industries, Inc./Rusty’s- 44 Wave Avenue
(One Juke Box, One Pool Table, One Game)
Sonesta International Hotels Corporation/Sonesta Select Newport Middletown- 9 Commerce Drive
(Three 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)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
10. Application of A&M Acquisitions, LLC dba A&M Tactical, 10 Coddington Highway for RENEWAL of a Firearms Dealers License for the 2022-2023 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
11. Application of Beach Liquors, LLC dba Beach Wine and Liquors, 43 Aquidneck Avenue for RENEWAL of a Sunday Selling License for the 2022-2023 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
12. Application of Jennifer Beirola, Portsmouth, RI for a Tattoo License for the 2022-2023 Licensing year, to be used at 554 West Main Road. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
13. Application of Mykono Pizza Pub, LLC d/b/a Mykono Pizza Pub, 59 Aquidneck Avenue, for a Mechanical Amusement Device License for the 2022-2023 licensing year. (NEW-One Juke Box, One Pool Table, One Game)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
14. Application for Special Event Permit from St. George’s School for Graduation/Prize Day to be held at St. George’s School, 372 Purgatory Road, on Sunday, May 29, 2022, Graduation Dinner beginning at 5:30 pm until 7:30 pm and Monday, May 30, 2022 Luncheon beginning at 12:30 pm until 2:30 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 St. George’s School – Camp Ramleh, Camp Benefit Sale to be held at St. George’s School Hockey Rink on Saturday, June 11, 2022 and Sunday, June 12, 2022 from 8:00 a.m. to 12:00 p.m., includes a request to waive permit fee.
16. Applicationfor Special Event Permit from Wanumetonomy Golf & Country Club for Wanumetonomy 100th Anniversary Celebration to be held at 152 Brown’s Lane on Saturday, August 13, 2022 from 5:30 pm to 10:30 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
17. Application for Special Event Permit from Aquidneck Community Table for the Aquidneck Community Table Saturday Farmer’s Market to be held at Embrace Home Loans, 25 Enterprise Drive, beginning Saturday, May 7th, 2022 through Saturday, October 29, 2022 from 9:00 am to 12:00 pm, includes a request to waive permit fee.
On motion of Vice President Welch, duly seconded, to grant said special event permit and waive permit fee.
Councillor Flynn inquired if the Farmer’s Market participants would need to submit current liability insurance and retail sales permits as a condition of the Special Event Permit.
Town Clerk Wendy J.W. Marshall and Town Administrator Shawn Brown, responding to Councillor Flynn, explained that the Town has never had a condition for a Special Event on private property, noting it is the responsibility of the vendors and Embrace Home Loan.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit and waive permit fee.
18. Application for Special Event Permit from the Newport County YMCA for the Newport County YMCA for Camp Clark Aquatics Camp to be held June 27, 2022 to September 9, 2022, Monday thru Friday 9 am – 3 pm at Second Beach, Non-Lifeguard area of the beach.
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 the Newport County YMCA- Race 4 Chase Camp to be held at Third Beach, beginning Tuesday, July 5, 2022 to Friday, August 12, 2022, Monday through Friday from 9:00 am to 12:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
20. Communication of John Ceglarski, President, Middletown Athletic Boosters, re: Request for support – Middletown Athletic Boosters Senior Sports Banquet.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize a civic appropriation in the amount of $3,000.00 to be appropriated from the Council President’s Discretionary Fund.
21. Communication of Tracey Pontes, Fundraising Committee, Looking Upwards, re: Requesting support by sponsoring a Tee sign for its 24th Annual Golf Tournament fundraiser.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and sponsor a tee sign in the amount of $125.00 to be appropriated from the Council President’s Discretionary Fund.
22. Communication of J. Clement “Bud” Cicilline, 1st Vice President Co-Chair, NAACP Newport County Branch Golf Tournament Committee, re: Request for support by sponsoring a Tee Sign for the Golf Tournament.
On motion of Vice President Rodrigues, duly seconded, it was voted unanimously to receive said communication and sponsor a tee sign in the amount of $150.00 to be appropriated from the Council President’s Discretionary Fund.
23. Communication of Nancy Newbury, West House Apartments, requesting the Town Council to convene a sub-committee regarding the Church Community Housing Master Plan for the West House II project.
Nancy Newbury, Middletown, resident of West House, reviewed the communication above and comments entered here:
Ms. Newbury also presented pictures of the West House Parking lot and property, which are on file in the Office of the Town Clerk.
Mark Hastings, Middletown, reviewed the following comments entered here:
Town Administrator Shawn Brown noted that West House is a private development and not under town jurisdiction. Mr. Brown explained he can sit with Church Community Housing and share the residents’ concerns, explaining the tenants have the right to appeal the decision.
Discussion centered around the parking for the complex, the approval process for the West House expansion, access of the new portion of the West House to the existing area, the safety concern of the Police and Fire signing off on the project without all the facts, the Town Council cannot interfere with the decision of the Planning Board, Assistant Town Solicitor Richard Sayer noted that there are avenues of appeal the residents that can take and cautioned the Council not to interfere in the process; and the Town Administrator will contact the Executive Director of Church Community Housing to share the concerns discussed this evening.
24. Communication of Vice President Welch, re: Discussion of relocating the sports fields that will be displaced by the Middletown Center and Oliphant Housing projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Vice President Welch reviewed his communication above, explaining the need for the Town to plan ahead to relocate the sports fields where development may be happening at Oliphant School and Middletown Center. Vice President Welch suggested forming a subcommittee to assist with the plan.
Discussion centered around the need-to-know which properties may be developed, a previous town council subcommittee reviewed all fields in the past, it takes time to construct/develop fields, and utilizing the Open Space and Fields committee to assist with the task of relocating fields.
Councillor Turano recused himself from acting on the following item #25 of business, due to a possible conflict of interest.
Attorney Marissa Desautel was present to represent the Town on the following item.
25. Memorandum of Vice President Welch and Councillor Flynn, re: Short-Term Rental Growth Plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
James Redfearn, Middletown, noted he has been a neighbor with a short-term rental for 16 years and has tried to communicate with them regarding the nuisance which has not stopped. Mr. Redfearn explained he has contacted the police to file reports, but has given up. James Redfearn noted the data numbers regarding short term rentals from the Town are incorrect. Mr. Redfearn explained short term rentals should not be permitted in residential zones, the ordinance needs to be changed.
Barry Doyle, Middletown, noted concern with short term rentals in the area, explaining after exploring online short-term rental platforms there is a concern with overloading properties with renters. Mr. Doyle suggests following Newport’s change in the ordinance to prohibit short term rentals in residential areas.
David Dittmann, Middletown, noted he had a short-term rental previously, explaining the need for the owner to oversee the property. Mr. Dittman explained he is hopeful the hiring of additional zoning personnel will assist in the regulation of short-term rentals.
Joanne Thornton, Middletown, reviewed issues she has had with a neighboring short-term rental, explaining the need for more to be done to control short term rental issues. Ms. Thornton noted concern with the changes to Newport, more short-term rentals will come to Middletown.
John Bagwill, Middletown, reviewed the following:
JOHN W. BAGWILL
MIDDLETOWN, RI O2842
April 29, 2022
To: The Honorable Paul Rodrigues, President & Members of the. Middletown Town Council
Subject: Issues and Recommendations: Agenda Item25 Re Short-term Rental Growth Plan
Issues:
1. Density of Investor-owned Short-Term Rentals in Residential Neighborhoods
. I believe that the density of these STRS can have a negative impact on the residential nature of a neighborhood.
. The most recent map showing the location of every STR (“non-owner” occupied) reveals a significant density to the east of Reservoir Avenue)
2. Impact of Investor-owned STRS on the availability and affordability of housing for those who would like to make Middletown their home.
. Size of market for those seeking a home in Middletown:
.. Each “conversion” of a residential property to an STR reduces the size of the “market” of residential properties.
. Affordability of residential properties:
. The “value” of a residential property as a business investment is different (and may be higher) than the value of the property as a full-time residence. To the extent that this is true, it makes homes less affordable.
3. Tax assessment process:
. Including investor owned STRS (businesses) in the comps of properties used as residential properties may lead to inflated assessments (and taxes) for residential properties.
Proposals:
1. Density: Douglas County, Nevada – near Lake Tahoe – enacted an ordinance* to limit the growth of VHRS. This included a neighborhood density limit. Quoting from the ordinance, “in order to preserve the residential nature of communities … no community shall have more than 15% VHRS (STRS) in single-family communities and 20% in tourist/multifamily communities”. *See Rob Connerny’s 4/15 email for link.
RECOMMENDATION: ADOPT A NEIGHBORHOOD DENSITY % LIMIT FOR STRS.
2. Impact on residential housing market: availability and affordability:
RECOMMENDATION: PLACE A LIMIT ON THE NUMBER OF INVESTOR-OWNED STRS IN
MIDDLETOWN.
3. Tax Assessment process:
RECOMMEMDATION: ESTABLISH TWO SEPARATE SETS OF “COMPS”: ONE FOR RESIDENTIAL PROPERTIES AND ONE FOR STRS.
Respectfully submitted,
John Bagwill
Rob Connerney, Middletown, noted the density map of short-term rentals in Middletown, explaining that 1 out of 5 homes in the Easton’s Point area is a short-term rental which does not include unregistered properties. Mr. Connerney explained residents have given up calling to complain about short term rentals, noting residents should not have to bear the burden of reporting issues. Rob Connerney expressed concern that the change in Newport’s short term rental ordinance will drive them into Middletown, suggesting a cap on short-term rentals in Middletown.
Nick Pasyanos, Middletown, noted agreement with the need to limit the number of short-term rentals in Middletown.
Jack Corey, Middletown, noted he just moved to Middletown from Newport, due to a short-term rental issue in Newport. Mr. Corey explained the fines in Newport did not make a difference in the regulating short term rentals.
Amy Ruggeiro, Middletown, a lifelong resident of Middletown noted noise of short-term rentals is disruptive, a quality-of-life issue, and the changeover of renters is a concern as well. Ms. Ruggeiro noted the need for stricter guidelines.
Kathleen Schafer, Middletown, explained issues the neighbors have had with short term rentals, noting in a previous town she resided in there was a limit. Ms. Schafer explained that non-owner-occupied short-term rentals should not be permitted in residential zones, suggesting that Middletown should mirror Newport’s ordinance as soon as possible.
Leon Amarant, Middletown, reviewed the following, entered here:
David Rushlow, Middletown, noted he is a short-term rental operator who resides on the property with his rentals, explaining he respects his neighbors. Mr. Rushlow explained the need to enforce the ordinance and hold owners accountable.
Steve Morin, Middletown, noted concern that Newport’s ordinance will affect Middletown short term rentals and impact Middletown neighborhoods. Mr. Morin suggests a moratorium on short term rentals until restrictions can be figured out.
Debra Fragola, Middletown, noted issues with the neighbor of the short-term rental that she own’s in Middletown. Ms. Fragola explained the Newport Daily News did not check the facts for the article that was written regarding short term rentals in Middletown.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess at 9:08 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 9:22 pm.
Attorney Marissa Desautel noted a change in Rhode Island General Law does not allow municipalities to prohibit short term rentals, reviewing the following:
§ 42-63.1-14. Offering residential units through a hosting platform.
(a) For any rental property offered for tourist or transient use on a hosting platform that collects and remits applicable sales and hotel taxes in compliance with § 44-18-7.3(b)(4)(i), §§ 44-18-18, and 44-18-36.1, cities, towns or municipalities shall not prohibit the owner from offering the unit for tourist or transient use through such hosting platform, or prohibit such hosting platform from providing a person or entity the means to rent, pay for or otherwise reserve a residential unit for tourist or transient use. A hosting platform shall comply with the requirement imposed upon room resellers in § 44-18-7.3(b)(4)(i) and § 44-18-36.1 in order for the prohibition of this section to apply. The division of taxation shall at the request of a city, town, or municipality confirm whether a hosting platform is registered in compliance with § 44-18-7.3(b)(4)(i).
Ms. Desautel noted making a change to the short-term rental ordinance restricting short term rentals in town could be challenged in court. Ms. Desautel explained a special use permit process could be put in place for short term rentals, noting anyone with a short-term rental would have to apply and go through the special use permit process with the Zoning Board.
Discussion centered around under state law the town cannot limit the number of short term rentals in town, concerns with data pertaining to short term rentals not being available or accurate, the option of seeing how the summer season goes with the changes to the short term rental ordinance before making any additional changes to the ordinance, if changing the current ordinance to restrict short term rentals would hold up in court, the need to put additional restrictions in place and the need for robust enforcement.
On motion of Councillor VonVillas, duly seconded, it was voted unanimously to draft an amendment to the short-term rental ordinance adding the requirement of a special use permit and come back the Town Council.
Councillor Turano returned to the dais.
Assistant Solicitor Richard Sayer returned to the meeting.
26. Memorandum of Councillor Flynn, re: Marijuana Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed her memorandum above requesting an update on pending marijuana legislation in the state.
Assistant Solicitor Richard Sayer noted that the state law pending legislation for marijuana has not changed and if the town wishes to opt out a referendum will be required. Mr. Sayer noted that Town Solicitor Peter Regan will provide an update to the legislation at the next regular council meeting May 16, 2022.
27. Memorandum of Councillor Flynn, re: Traffic Safety- Neon Gas.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Councillor Flynn reviewed her memorandum above requesting an update on the Neon Gas Station traffic safety concern.
Town Administrator Shawn Brown noted there were no restrictions placed on the property for the entrance. Mr. Brown suggested that he can check with Rhode Island Department of Transportation to see if any modifications can be made to the area.
Theresa Spengler, Middletown, noted concern with the safety of the entrance of the Neon Gas Station, explaining in the original design it was supposed to be an exit and right-hand turn entrance only.
28. Resolution of the Council, re: FY2023 State Budget Allocation for funding Middletown Public Library.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown noted the resolution encourages the General Assembly to fully fund state aid to the library, explaining this has been an ongoing issue for years.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
29. Memorandum of Finance Director, thru Town Administrator, re: Intersection Improvements at Berkeley and Green End Avenues.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Town Engineer Warren Hall was present to answer Council questions.
Discussion centered around the project is to study the roundabout for the Green End Avenue/Berkeley Avenue intersection and design to 30%, changes to the Maidford River would not affect the intersection (the culvert must stay where it is located), the need to look at short term solutions before proceeding to a roundabout, and concern with emergency vehicles navigating the roundabout.
Antone Viveiros, Middletown, suggests trying a 4 way stop intersection before proceeding to a roundabout.
Theresa Spengler, Middletown, suggested clearing the brush obstruction and creating a 4-way stop may be a solution that would tighten up and improve the intersection. Ms. Spengler noted concern with school buses and emergency vehicles traveling through the intersection.
30. Resolution of the Council, re: Award of Contract to Fuss & O’Neill for the traffic analysis at Berkeley Avenue & Green End Avenue.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution, Vice President Welch, Councillor Logan, Councillor Turano and Councillor VonVillas voted YES; Council President Rodrigues, Councillor Flynn and Councillor Santos voted NO.
31. Memorandum of Operations & Facility Manager, thru Town Administrator, re: Recommendation to allow Surfline to install web cameras at Second Beach.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Operations and Facilities Manager Will Cronin was present to answer council questions.
Discussion centered around there is no cost to the Town, the contract will generate income for the Town, surfers pay for a subscription to the service, and the service is good for beach patrons to check on weather/surf conditions.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize Surfline to upgrade and maintain the three web cameras at Sachuest Beach.
32. Memorandum of Finance Director, re: Financial Report- Nine Months Ended March 31, 2022.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the following slide entered here:
33. 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.
34. 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:48 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri