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 Peter D. Connerton, Sr.
Councillor Emily M. Tessier
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
Councillor Christopher M. Logan, Absent
POSTED SEPTEMBER 27, 2023
REGULAR MEETING OCTOBER 2, 2023
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, October 2, 2023 at 5:30 P.M. Executive Session and 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: 817 2549 6863 or on the web at https://us02web.zoom.us/j/81725496863
If you choose 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) (2) Potential Litigation (PUC Docket No. 22-42-NG – In re: Issuance of Advisory Opinion to Energy Facility Siting Board (EFSB) Application to Construct LNG Vaporization Facility on Old Mill Lane, Portsmouth, RI, (5) Land Acquisition, (5) Land Acquisition and (5) Land Acquisition (West Main Road) - 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 5:33 p.m.
Town Solicitor Peter B. Regan recused himself from acting on a Land Acquisition item, due to a possible conflict of interest. Mr. Regan left the session at 5:59 p.m.
Town Solicitor Peter B. Regan returned to the session at 6:09 P.M.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.
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. The Town Administrator will provide an update on Town Projects.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update on the Town Projects.
Town Administrator Shawn Brown updated the following projects:
3. The Town Administrator will provide an update on the School Building Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update on the School Building Project.
Town Administrator Shawn Brown reviewed the following:
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
4. Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2023-2024 licensing year. (Council Action – Advertise for public hearing to be held on October 16, 2023) (See attached list)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said applications and advertise for a public hearing to be held on October 16, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
5. 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.
Rob Cummings, Middletown, addressed the Council reviewing the following:
Chris Sousa, Middletown, addressed the Council suggesting that the Town should be immersing students in South American languages in our public schools. Mr. Sousa noted that people from South America are coming into the country and to learn the languages could be helpful.
6. Approval of Minutes, re: Regular Meeting, September 18, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
7. Public Hearing (Advertised)
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, Article 7, Section 727 Marijuana Related Uses.
Public hearing remains open.
Town Solicitor Peter B. Regan explained the changes to the ordinance are due to state law, explaining the 2022 binding referendum was approved by the voters (57% voted Yes) of the Town of Middletown. Mr. Regan noted that if this ordinance passes, it will allow for local control designating where facilities can operate in the Town.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend the proposed ordinance by removing the language in Section 727 (C) (1) allowing Cannabis Cultivation centers in the General Business zoning districts by special use permit,
and by amending the Schedule of Uses in Section 602 accordingly.
On motion of Council President Rodrigues, duly seconded, it was voted unanimously to amend the typo “Article 5, Section 602” to “Article 6, Section 602” .
There being no other persons present desiring to be heard, the public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.
8. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 36 Fee Schedule, (H) Refuse and Recycling Department (2) User Fee.
On motion of Vice President Welch, duly seconded, to adopt said ordinance on its second reading.
Council President Rodrigues noted this amendment is for the user fee, the bag fee is not increasing.
Antone Viveiros, Middletown, addressed the Council expressing concern that the fee increase is $19.00, noting this is why the user fee should not be in the general fund budget.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
9. Email communication of Lauren Fogarty, Program Coordinator (RI250 Commission), RI Department of State, Office of the Secretary of State, re: Forming a Local 250th Commission.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
Lauren Fogarty, Program Coordinator (RI250 Commission), RI Department of State, Office of the Secretary of State, reviewed the email and information above.
Ms. Fogarty is requesting support from the Town to form a Local 250th Commission.
On motion of Vice President Welch, duly seconded, it was voted unanimously to form a Local 250th Commission made up of one Town Councillor, two representatives from the Middletown Historical Society and request the Town Clerk to advertise for two resident members.
10. Memorandum of Town Administrator, re: Jamestown Interest in Gould Island. (David P. Sommers will be present to address the Council).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
David P. Sommers, Jamestown, addressed the Council reviewing the memorandum and power point presentation above.
Discussion centered around the request is for support (no funding) for the Rhode Island Department of Environmental Management to develop a Plan to provide public recreation on the southernmost 16.9 acres of Gould Island, Jamestown will be seeking grant funding to begin the Master Plan for the project and Middletown passing a resolution in support of the project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to place a resolution in support on the next regular agenda.
11. Communication of Robert M. Silva, Chairman, Middletown Economic Development Advisory Committee, re: Atlantic Beach Tax Increment Financial (TIF) District.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Robert M. Silva, Chairman, Middletown Economic Development Advisory Committee reviewed the communication above.
Discussion centered around the request to change the Middletown Economic Development Advisory Committee charge, reinstating the TIF in the Atlantic Beach District, TIF’s can be established in other areas of Town, Mr. Silva requested the Finance Director to verify the funds currently in the TIF and what would have been in the TIF during the years which the TIF was not funded and having a TIF in Easton’s Point area to bury utility lines.
Antone Viveiros, Middletown, addressed the Council noting he would like the TIF to be implemented again.
John Bagwill, Middletown, addressed the Council requesting them to record (during the budget meetings) in the minutes the increase in property values in the TIF District, what revenues were generated in the TIF District and how much is the Town electing to set aside for the TIF District.
12. Resolution of the Council, re: Middletown Economic Development Advisory Committee (MEDAC) Charge.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Town Solicitor Peter B. Regan recused himself from acting on the following item of business #13, due to a possible conflict of interest.
Councillor Turano recused himself from acting on the following item of business #13, due to a possible conflict of interest.
13. Email communication of Council President Rodrigues, re: Discussion of Short-Term Rentals.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication.
Bryan Hoffman, Middletown, addressed the Council noting the positive impacts of having short term rentals, such as promoting local businesses and attracting tourists. Mr. Hoffman also noted that changing zoning regulations could assist in developing Affordable Housing in the Town.
Lawrence Frank, Middletown, addressed the Council reviewing the following:
Jennifer Cunningham, Middletown, addressed the Council noting that it has been several years trying to control short-term rentals and it has not been successful. Mrs. Cunningham explained that a business should not be run in a residential neighborhood.
Leon Amarant, Middletown, addressed the Council noting concern that the docket item was vague. Mr. Amarant explained that there is no data that supports there are issues with short-term rentals. Leon Amarant noted that Middletown is a desirable place to visit and live, removing short-term rentals from the Town may affect the local economy.
Chris Sousa, Middletown, addressed the Council noting that enforcement is the issue with short-term rentals.
Tami Holden, Middletown, addressed the Council noting that she pays higher taxes on her rental home which she rents for different lengths of time. Ms. Holden explained that one of her prior renters is now purchasing a home here in Middletown.
Leeza Amarant, Middletown, addressed the Council noting she depends on tourism to support her small businesses. Ms. Amarant explained that she has had short-term rentals for forty years with no issues.
Ruth Lescher, Middletown, addressed the Council noting support for regulations more in line with the City of Newport’s short term rental regulations. Ms. Lescher suggests increasing the registration fee and taxing the owners as commercial property.
Frank Palma, Middletown, addressed the Council noting he is a responsible short term rental owner and suggests the Council focus on the short-term rental owners (bad actors) not following the rules. Mr. Palma explained that the short-term rentals add to the local economy.
Dave Rushlow, Middletown, addressed the Council noting the need for enforcement of the laws/ordinances in the Town.
Vanessa Ellerman, Middletown, addressed the Council explaining that short-term rentals are a business and should be taxed as one. Ms. Ellerman noted that residential areas should be for residential use only.
John Bagwill, Middletown, addressed the Council noting that short-term rentals can be converted to year-round rentals or permanent homes.
Discussion centered around the data does not always tell the entire story of short-term rental issues, short-term rentals are causing a quality of life issue, it is difficult to enforce some ordinances (examples: Noice ordinance, parking difficulty, occupancy), some short-term rental complaints are received by Councillors and not the Police or Building Official, not all complaints are formally documented, a long-term renter may improve the quality of life, owner occupied short-term rentals have less issues, the affordable housing/housing shortage in Town, short-term renters don’t always have respect for the residents, having the short-term rentals owners assist with a resolution, residents wanting neighbors not customers, the need for an Attorney to advise the Council on the short-term rental legalities, forming a committee to review the current short-term rental ordinance and seeing an ordinance for Middletown similar to the City of Newport short-term rental ordinance.
Leon Amarant, Middletown, addressed the Council suggesting that they take this matter up at a future meeting and not make a knee jerk decision.
On motion of Vice President Welch, duly seconded, to have a solicitor come up with a draft ordinance that requires short-term rentals to be owner occupied with a maximum of four guests.
Discussion centered around having a committee to review the current short-term rental ordinance and issues, legal input for short-term rental discussion and having an amendment to the current short-term rental ordinance.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to have a solicitor come up with a draft ordinance that requires short-term rentals to be owner occupied with a maximum of four guests; Council President Rodrigues, Vice President Welch, Councillor Tessier vote YES to said motion; Councillor Connerton and Councillor VonVillas voted NO to said motion .
Town Solicitor Peter B. Regan returned to his seat.
Councillor Turano returned to the dais.
14. Memorandum of Town Administrator, re: Legislative Proposals for Upcoming Session.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above.
Council President Rodrigues noted the proposals are good and suggests the Councillors send the Town Administrator suggestions for other legislative proposals.
15. Communication of Tax Assessor and Finance Director dated September 11, 2023, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
16. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues inquired why the abatements were large amounts?
Town Administrator Shawn Brown requested the Council to continue this item to the next regular meeting.
On motion of Councillor VonVillas, duly seconded, it was voted unanimously to continue items #15 and #16 to the next Regular Meeting, October 16, 2023.
17. Communication of Finance Director and Tax Assessor dated September 21, 2023, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
18. 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.
19. Email communication of Alicia Hicks, re: Resignation from the Affordable Housing 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 9:40 p.m.
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri