POSTED OCTOBER 10, 2018

REGULAR MEETING OCTOBER 15, 2018

 

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 15, 2018 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.

 

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)

 

 

PUBLIC FORUM

 

1.    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.

 

 

COLLECTIVE BARGAINING

 

 

2.    Memorandum of Superintendent of Schools, re:  Teacher Assistant Contract.

 

 

TOWN BUSINESS UPDATES

 

 

3.    Report from Town Administrator, re:  Project Update.

 

 

CONSENT

 

4.    Approval of Minutes, re:  Regular Meeting, October 1, 2018.

 

5.    Communication of Tax Assessor, with enclosure, re:  Cancellation of Taxes for certain Middletown residents.

 

6.    Resolution of the Council, re:  Cancellation of Taxes for certain Middletown residents.

 

7.    Communication of Tax Assessor and Finance Director, with enclosure, re:  Cancellation of Taxes for certain Middletown residents.

 

8.    Resolution of the Council, re:  Cancellation of Taxes for certain Middletown residents.

 

9.    Memorandum of Finance Director, thru Town Administrator, with enclosures, re:  FY2018 Budget Adjustments as of June 30, 2018.

 

10. Resolution of the Council, re:  FY2018 Budget Adjustments as of June 30, 2018 – Parks & Recreation Fund.

 

11. Resolution of the Council, re:  FY2018 Budget Adjustments as of June 30, 2018 – Sewer Fund.

 

12. Notice of Public Hearing Zoning Board of Review to be held on Tuesday, October 23, 2018; Petition of the Narragansett Electric Company dba National Grid (owners) by their attorney George W. Watson, III, Esquire for a Variance from Section 603 & 704(B) to remove the existing 40’ communications tower at the rear of the building and construct a new 54’ tower on the north side of the building.  Said real estate is located at 12 Turner Road; TAP 119 Lot 27B.

 

13. Memorandum of John Shea, Executive Director, Aquidneck Island Planning Commission (AIPC), with enclosure, re:  Aquidneck Island Planning Commission’s (AIPC) Year-End Report to the Middletown Town Council.

 

14. Resolution of the City of East Providence, re:  Requesting and Supporting Legislation to Amend Title 44, Chapter 5 of the Rhode Island General Laws Regarding Municipal Taxation of Real Estate.

 

15. Communication of Dave McLaughlin, Executive Director, Clean Ocean Access, re:  Appreciation for support.

 

16. Communication of Denise Panichas, Executive Director, The Samaritans of Rhode Island, re:  Appreciation for support.

 

17. Communication of Natasha Harrison, Executive Director, Norman Bird Sanctuary, re:  Appreciation for support.

 

18. Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses for the 2018-2019 licensing year.   (See attached list)

 

 

BOARD OF LICENSE COMMISSION

 

19. (Public Hearing Advertised)

Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2018-2019 licensing year.   (See attached list)

 

 

LICENSES

 

20. R.I.Fried Chicken, Inc. dba Crown Chicken, 390 West Main Road, for a Victualling House License for the 2018-2019 licensing year. (New Corporation)

 

21. Application of MAJ, LLC dba Rocco and Mai’s Little Italy, 59 Aquidneck Avenue, for an Amusement License for the 2018-2019 licensing year. (NEW)

 

 

PUBLIC HEARINGS

 

 

22. (Public Hearing Advertised)

Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2018-2019 licensing year.  (See attached list)

 

23. (Public Hearing Advertised)

Application of Starbucks Coffee Company #7599, 85 East Main Road, for Victualling House License, Additional Hours of Operation, for the 2018-2019 licensing year. (NEW)

 

24. (Public Hearing Advertised)

Public Hearing Remains Open.

An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in amendment to the Town Code of the Town of Middletown, Title XV     Land Usage, Chapter 152 Zoning Code, § 709 Parking, Storage and Use of Major Recreational Equipment in Residential Districts. (See attached Ordinance)

 

25. Memorandum of Director of Planning & Economic Development, with enclosure, re:  Atlantic Beach TIF District Public Hearing.

 

26. Memorandum of Robert M. Silva, Esquire, Chairman, Middletown Economic Development Advisory Committee.

 

27. (Public Hearing Advertised)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the Town Code of the Town of Middletown allowing the Creation of the Atlantic Beach Tax Increment Financing (TIF) District. (See attached ordinance)

 

 

ORDINANCE

 

 

28. An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the Town Code of the Town of Middletown, Title XIII, Chapter 130, Section 130.40, Entitled “Smoking Prohibited on Public Beaches, Recreational areas and Park’s. (See attached Ordinance)

 

 

TOWN COUNCIL

 

 

29. Communication of Councillor Turano, re:  Middletown Elderly, Veterans, and Military Tax Exemption Sub-Committee – Update.

 

30. Communication of Councillor Turano, re:  Middletown Senior Housing Sub-Committee – Update.

 

31. Memorandum of Town Clerk, re:  Council Record Historical Project.

 

32. Resolution of the Council, re:  Council Record Historical Project.

 

 

BOARDS AND COMMITTEES

 

 

33. Communication of Mason Hawes, Chairperson, Open Space and Fields Committee, re:  Requesting a listing of all herbicides, pesticides and fertilizers used by the Public Works and School Departments.

 

34. Appointment of one (1) member to the Middletown Prevention Coalition (Youth sector), term expiring September 2021.

 

35. Email communication of Melissa Rodrigues, re:  Resignation from the Zoning Board of Review.

 

 

 

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.

 

 

 

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