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 Tuesday, January 16, 2018; 5:00 P.M. Executive Session; 6:00 P.M. School Committee – Pre-Budget Consultation and at 7:00 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. The items listed on the Consent portion of the agenda are to be considered routine by the Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed from Consent Agenda consideration and considered in its normal sequence on the agenda. All items on this agenda, with the exception of the Public Forum Session, may be considered, discussed and voted upon.


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)




1.   Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a) (2) Collective Bargaining (Police), (5) Land Acquisition (West Main Road), (2) Potential Litigation, (2) Litigation (SAMS FOOD MART, LLC, ABDUL KAHN, SAUDABBAD CONVENIENCE, INC., MOHAMMAD SIDDIQUI v. TOWN OF MIDDLETOWN; NC-2017-0443), (5) Lease (JFK School) and (5) Lease (Berkeley-Peckham School).




2.   Pursuant to - “§ 16-2-21 Pre-budget consultation – Annual reports – Appropriation requests – Budgets. – (a) At least sixty (60) days but not more than ninety (90) days prior to the formal submission of the school budget to the appropriate city or town officials by the school committee, there shall be a joint pre-budget meeting between the school committee and the city or town council(s). At or before this meeting:”


(1)    “The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates; “

(2)    “The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, and any necessary or mandated changes in school programs or operations”.


3.   Communication of Robert J. Sylvia, President, Middletown Town Council, with enclosure, re:  Information in accordance with RIGL 16-2-21.


4.   Memorandum of Kellie DiPalma Simeone, School Committee Chair, with enclosures, re:  Pre-Budget Consultation FY 2018-2019. (Documentation to follow)




5.   Pursuant to Rule 23 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.




6.   Communication of Councillor Viveiros, re:  Combining Departments Update.


7.   Communication of Councillor Turano, re:  Update on the Newport Beach House conversation.


8.   Communication of Councillor Turano, re:  Update on the 10M Bond projects.




9.   Approval of Minutes, re:  Regular Meeting, December 4, 2017.


10. Communication of Rev. Raymond J. Finch, M.M. Superior General, Fathers and Brothers Maryknoll, re:  Appreciation for offering.


11. Communication of James Winters, President and Fern W. Lima, Chairperson Booklet Committee, re:  Appreciation for support.


12. Communication of Melanie Jewett Army, AICP, Assistant Chief of Planning, RIDOT, with enclosure, re:  Toll Locations 3, 4 & 6 through 13 – I-95, I-195, and I-295, US Route 6, and RI Route 146, Rhode Island, NEPA Project Notification.


13. Communication of Jeff Douglas, re:  Animals on Town Beaches.


14. Communication of George O. Steere, Jr., President, Gloucester Town Council, re:  Objecting to the Energy Facility Siting Boards ruling, October 17, 2017.


15. Resolution of the Town of Exeter, re:  In support of Amending Act Relating to Taxation.


16. Notice from the Zoning Board of Review, Petition of DOJO, LLC (owners) Newport Hotel Group (Applicant) by their attorney David P. Martland, Esquire, for a Variance from section 603 to allow a hotel structure 43’ – 2” in height to accommodate an elevator penthouse where 40’ height is allowed, real estate located at 38 Purgatory Road, Plat 116NW, Lot 13.


17. Notice from the Zoning Board of Review, Petition of DOJO, LLC (owners) Newport Hotel Group (Applicant) by their attorney David P. Martland, Esquire, for a Special Use Permit from Section 602 & Article 14 to allow a 13 unit hotel in a Limited Business (LBA) zone, real estate located at 38 Purgatory Road, Plat 116NW, Lot 13.


18. License of Burial, re:  Mary L. Nelson, Section 55, Graves 19 and 20.


19. License of Burial, re:  Elizabeth Walker, Section 47, Graves 125, 126 & 127.


20. License of Burial, re:  Ellen Anagnostos, Section 55, Graves 21, 22, 23 & 24.




21. Application for Special Event Permit from TRIMOM Productions, LLC for the Sachuest Point Running Festival, Marathon, Half Marathon to be begin at Second Beach and run roads throughout Middletown on Sunday, March 25, 2018.


22. Application for Special Event Permit from TRIMOM Productions, LLC for TriNEWPORT, Triathlon to be begin at Second Beach and run roads throughout Middletown on Sunday, Sunday, September 9, 2018.


23. Applications received from the following named persons, firms or corporations for Tobacco Dealer’s Licenses for the 2017-2018 licensing year. (See attached list)




24. Public Hearing Advertised; Abutters Notified.

Petition to abandon a portion of Roy Avenue which is approximately 124’ in length. (Planning Board Recommendation has been received; See Attached Legal Description)




25. Email communication of Sean R. Smith, representing The Tim Tebow Foundation, re:  Requesting the Council to waive police detail fee for their community event.




26. Memorandum of Council President Sylvia, re:  School Department 2019 Capital Improvement Budget Request.


27. Communication of Councillor Turano, re:  Discussion of Senior Citizens in Middletown.


28. Memorandum of Town Administrator, re:  Ban on Overnight Parking on Town Property.




29. Memorandum of MPC Coordinator, thru Town Administrator, re:  Project Purple Week.


30. Resolution of the Council, re:  Proclaiming the week of January 22, 2018 to February 2, 2018 as “Project Purple Week” in the Town.


31. At the request of Council President Sylvia, re:  Report of Beach Sub-committee. (No Documentation)


32. Communication of Robert M. Silva, Chairman, Middletown Economic Development Committee, with enclosures, re:  Tax Increment Financing (TIF).


33. (Continued from December 4, 2017, Regular Meeting)

Memorandum of Council President Sylvia, re: Appointment of Assistant Town Solicitor.


34. Appointment of one (1) member to the Middletown Prevention Coalition, Other Organization Involved in Reducing Substance Abuse Sector, to complete a term expiring April 2018.


35. Appointment of Tree Warden for the 2018 calendar year.


36. Communication of Alexa Furtado, re:  Resignation from the Middletown Prevention Coalition – media sector.





Wendy J.W. Marshall, CMC

Town Clerk



This meeting location is accessible to the handicapped.  Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 847-0009 not less than 48 hours before this meeting.




Attachment – Item #23


TOBACCO DEALER’S LICENSE         Expires: July 1, 2018


Andrew’s at Eastgate, Ltd/Gold’s Wine & Spirits- 1374 West Main Road

Aquidneck Package Store, Inc/Aquidneck Liquors-99 East Main Road

Beach Liquors, LLC/Beach Wine & Liquors- 43 Aquidneck Avenue

Beebe & Family, Inc.- 7-Eleven Food Stores- 726 Aquidneck Avenue

BJ’s Wholesale Club Inc./BJ’s Wholesale Club #306- 173 East Main Road

Newport National Golf Club, Inc./Newport National Golf Club- 324 Mitchell’s Lane

Speedway, LLC/Speedway #02822- 864 West Main Road

Splash ECig & Vapor Emporium- 390 West Main Road

Stop & Shop Supermarket Company – 1360 West Main Road

Walgreen Company #3000/Walgreens- 12 East Main Road




Attachment – Item #24





That certain strip of land located in the Town of Middletown, bounded and described as follows:


Starting at a point on the westerly side of Jean Street where it intersects with the portion of Roy Avenue which is to be abandoned, thence turning and running southwesterly along the arc of a curve a distance of 41.06’; thence turning and running westerly along land now or formerly of the Estate of Betty J. Foss a distance of 89.15’; thence turning and running southerly along land now or formerly of Christian Lorenzi, et ux, a distance of 25.60’; thence turning and running easterly along land now or formerly of John Wynne, et ux, a distance of 113.99’; thence turning and running northerly along Jean Terrace a distance of 38.0’, to the point or place of beginning.


Comprising 1882.57 square feet of land constituting the portion of Roy Avenue to be abandoned, as shown on that certain plan entitled “Roy Avenue Right of Way Abandonment –West End Portion Plan Showing Parcels to Be Added of John and Basha Wynne and To Land of the Estate of Betty J. Foss Being Assessor’s Plat 105 Lots 328 & 327 Respectively Jean Terrace and Jean Street Middletown, Rhode Island, November 14, 2017,” Michael J. Gaston PLS#1815.


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