POSTED NOVEMBER 15, 2017

REGULAR MEETING NOVEMBER 20, 2017

 

 

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, November 20, 2017 – 5:00 P.M. Executive Session; 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)

 

 

5:00 P.M. EXECUTIVE SESSION

 

1.              Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a) (5) Lease (JFK School), (5) Lease (JFK School), (2) Litigation (SAMS FOOD MART, LLC, ABDUL KAHN, SAUDABBAD CONVENIENCE, INC., MOHAMMAD SIDDIQUI v. TOWN OF MIDDLETOWN; NC-2017-0443), (2) Litigation (Town of Middletown v. Horan Building Company, Inc., Tuckerman Avenue, LLC, Coastal Living Magazine, Time Inc.; NC-2017-0254), (5) Land Acquisition (West Main Road), (2) Collective Bargaining (Police), (5) Land Acquisition/Lease, (6) New/Prospective Business, (3) Security and (1) Personnel (Town Administrator).

 

 

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.  The entire Public Forum period shall be no longer than fifteen minutes. All items discussed during this session will not be voted upon.

 

 

CONSENT

 

 

3.              Approval of Minutes, re:  Regular Meeting, November 6, 2017.

 

4.              Communication of Rebecca Northup, Superintendent, Seamen’s Church Institute, re:  Appreciation for support.

 

5.              Memorial Proposal Application submitted by Kathryn A. Spicer, with enclosures, re:  Honoree – Michael W. Spicer.  (Requires Citizens Memorial Committee review and recommendation)

 

6.              Draft Gravel Processing and Bulk Storage Ordinance. (Requires Planning Board review and recommendation) – See attached.

 

7.              Memorandum of Paul A. Croce, Chairman, Planning Board, with enclosures, re:  Recommendation to adopt amendments to the Middletown Zoning Ordinance to allow for mixed-use development in the limited business (LB) and general business (GB) zoning districts. (Requires advertising for public hearing and notification to abutters)

 

8.              (Continued from June 19, 2017, July 19, 2017 and September 18, 2017 Regular Meetings.)

(Continued from May 15, 2017, Regular Meeting for Planning Board to review new request and provide recommendation – No Planning Board action was taken at the request of the Applicant’s Attorney; therefore no additional advertising for conditions was prepared.)

Public Hearing (Advertised; Abutters and Tenants notified)

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, Section 602 Schedule Of District Regulations – Uses and Districts. (Planning Board recommendation received) – At the request of Attorney Michael W. Miller, this matter is continued to the February 20, 2018 Regular Meeting of the Council.

 

9.              (Continued from Mary 15, 2017, June 19, 2017, July 19, 2017 and September 18, 2017 Regular Meetings.)

Public Hearing (Advertised; Abutters and Tenants notified)

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, Article 7 Supplementary Regulations, Section 702 Number of Dwelling Units or Principal Building Per Lot. (Planning Board recommendation received) – At the request of Attorney Michael W. Miller, this matter is continued to the February 20, 2018 Regular Meeting of the Council.

 

10.           License of Burial, re:  Xiu Ping Lin, Section 55, Grave No(s) 17 and 18.

 

 

 

LICENSE

 

 

11.           Application for Special Event Permit from AmpSurf Middletown, a free adaptive surfing clinic for people with disabilities to be held at Second Beach on September 15, 2018 from 6:00 am to 1:00 pm. (Applicant requests Permit Fee and Facility Use Fees be waived)

 

 

ORDINANCES

 

 

 

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

An Ordinance in amendment to the Town Code of the Town of Middletown, Title IX General Regulations, Section 92B Plastic Bag Regulations. (See attached)

 

13.           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. (See attached)

 

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

An Ordinance in amendment to the Town Code of the Town of Middletown, Title XI Business Regulations, Chapter 119 Tobacco Regulations. (See attached)

 

 

TOWN COUNCIL

 

 

15.           Memorandum of Finance Director, thru Town Administrator, with enclosures, re:  Contract Award: MaintenanceEdge and Mobile 311.

 

16.           Resolution of the Council, re:  Award of contract for MaintenanceEdge and Mobile 311.

 

 

BOARDS AND COMMITTEES

 

 

17.     (Continued from the November 6, 2017 Regular Meeting)

Appointment of three (3) members to the Beach Commission, for terms expiring November 2019.

 

18.     (Continued from the November 6, 2017 Regular Meeting)

Appointment of one (1) member to the Pension Trust Fund Committee, to complete a term expiring February 2020.

 

19.     Appointment of one (1) member to the Open Space and Fields Committee, for a term expiring November 2020.

 

 

 

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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