POSTED NOVEMBER 28, 2018

REGULAR MEETING DECEMBER 3, 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, December 3, 2018; 6:00 P.M. Executive Session and 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)

 

 

6:00 PM - EXECUTIVE SESSION

 

1.    Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a) (1) Personnel (Police Chief), (2) Collective Bargaining (Town Hall - NEARI), (2) Collective Bargaining (Teamsters Union), (2) Litigation (SAMS FOOD MART, LLC, ABDUL KAHN, SAUDABBAD CONVENIENCE, INC., MOHAMMAD SIDDIQUI v. TOWN OF MIDDLETOWN; NC-2017-0443) and (5) Lease (RI Dept. of Transportation).

 

 

PUBLIC FORUM

 

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.

 

 

PRESENTATION

 

3.    At the request of Council President Sylvia, Citation of the Council, re:  In recognition of the Middletown High School Islanders Football Team Thanksgiving Victory over Portsmouth.

 

 

CONSENT

 

4.    Approval of Minutes, re:  Regular Meeting, November 5, 2018.

 

5.    Approval of Minutes, re:  Special Meeting, November 17, 2018.

 

6.    Approval of Minutes, re:  Regular Meeting, November 19, 2018.

 

7.    Rules of the Council. (This item will be placed on the regular agenda, December 17, 2018 for proposed amendments and adoption)

 

8.    Communication of Tax Assessor and Finance Director, with enclosures, re:  Cancellation of Taxes for Certain Middletown residents.

 

9.    Resolution of the Council, re:  Cancellation of Taxes for Certain Middletown residents.

 

10.  Communication of Tax Assessor, with enclosures, re:  Cancellation of Taxes for Certain Middletown residents.

 

11.  Resolution of the Council, re:  Cancellation of Taxes for Certain Middletown residents.

 

12.  Memorandum of Finance Director, with enclosures, re:  Surplus property – Library- Computer Equipment.

 

13.  Resolution of the Council, re:  Authorizing the Finance Director to dispose of Surplus property – Library- Computer Equipment.

 

14.  Resolution of the Council, re:  Requesting RI General Assembly to ratify Charter Change approved by voters on November 6, 2018.

 

15.  Memorial Feasibility Application submitted by Joe Silveira. (Requires Citizens Memorial Committee review and recommendation)

 

16.  Communication of Michael W. Carroll, President, Barrington Town Council, re:  Superior Court Decision Concerning Flavored Tobacco Control Ordinance.

 

17.  Communication of Pamela Forister, Treasurer, Association of Amputee Surfers, re:  Appreciation for support.

 

18.  Notice of Public Hearing for draft RIPDES General Permit for Non-Contract Cooling Water Discharges (NCCW) for hearing on Thursday, December 20, 2018 at 5:00 p.m. at RI Dept. of Environmental Management, Office of Water Resources, 235 Promenade Street, Providence, RI 02908.

 

19.  Communication of David W. Fish, P.E., Administrator of Project Management, RI Department of Transportation, re:  Environmental Assessment, Toll Locations 3, 4 & 6 through 13, Warwick, Providence, Pawtucket, Cranston, Johnston, Cumberland, East Providence, Lincoln, North Smithfield, Rhode Island – notice of Availability of EA.

 

20.  Application for Special Event Permit from Stomp Fish, LLC dba On Your Left Racing for Third Beach Tri – Olympic Distance Triathlon event to be held on Sunday, September 8, 2019 from 5:00 am to 12:30 pm (7 am – Start time) – beginning at the Third Beach parking lot.

 

21.  Application for Special Event Permit by Embrace Home Loans for the Embrace Christmas Party at 25 Enterprise Drive and 110 Enterprise Drive to be held on Saturday, December 8, 2018 from 11:00 am to 3:00 p.m.

 

 

BOARD OF LICENSE COMMISSION

 

22.  (Public Hearing Advertised; Abutters Notified)

Application of Island Twins, LLC, 58 Aquidneck Avenue, for a Class BV liquor license to be used at the same premises. 

 

 

LICENSES

 

23.  Application of CoxCom, LLC dba Cox Communications, 882 West Main Road, for a Holiday Sales License for the 2018-2019 licensing year. (NEW)

 

24.  Application of Middletown Pizza, LLC, 1397 West Main Road, for a Victualling House License for the 2018-2019 licensing year. (NEW)

 

 

OTHER COMMUNICATIONS

 

25.  Middletown Island Football – Football Equipment Drive, re:  Request for support to purchase Football Equipment.

 

26.  Communication of Town Clerk and Accounts Payable Clerk, re:  Request Town Council to match employee donations for adopting a family.

 

27.  Communication of Antone Viveiros, re: Establishing a moratorium in the Atlantic Beach District.

 

ORDINANCE

 

 

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

An Ordinance in amendment to the Town Code of the Town of Middletown, Title VII, Chapter 72 Parking Regulations, Section 72.09 Parking of Boats and Boat Trailers in Residential Districts. (See attached Ordinance)

 

 

TOWN COUNCIL

 

29.  Communication of Councillor Turano, re:  Requesting Town and School financial updates, reviews, adjustments and budget issues not be placed on the consent calendar.

 

30.  Communication of Councillor Turano, re:  Discussion of next steps towards Affordable Senior Housing.

 

31.  Communication of Councillor Turano, re:  Discuss changes to Senior & Veteran Exemptions.

 

32.  Memorandum of Town Administrator, with enclosure, re:  Proposed Renovation of Tax Assessor’s Office.

 

33.  Memorandum of Finance Director, thru Town Administrator, with enclosure, re:  Equipment Purchase:  7 Sets of Firefighter Turnout Gear.

 

34.  Resolution of the Council, re:  Equipment Purchase:  7 Sets of Firefighter Turnout Gear.

 

 

BOARDS AND COMMITTEES

 

 

35.  Communication of Councillor Flynn, re:  Resignation from the Planning Board.

 

 

36.   At the request of Council President Sylvia, Discussion of Holiday Council Schedule. (No Documentation)

 

 

 

 

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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