POSTED SEPTEMBER 13, 2017

REGULAR MEETING SEPTEMBER 18, 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, September 18, 2017 – 6:00 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)

 

6:00 P.M. EXECUTIVE SESSION

 

1.   Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a) (1) Personnel (Town Administrator), (2) Collective Bargaining (Police Contract) and (5) Land Acquisition.

 

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.

 

BOARD OF LICENSE COMMISSION

 

3.   Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2017-2018 licensing year.   (Requires Advertising for public hearing; see attached list)

 

4.   Application of Norman Bird Sanctuary, 583 Third Beach Road, for a Class F Alcoholic Beverage License for use at the same premises for an Event to be held on September 30, 2017.

 

5.   Application of Norman Bird Sanctuary, 583 Third Beach Road, for a Class F Alcoholic Beverage License for use at the same premises for an Event to be held on October 1, 2017.

 

6.   Application of Norman Bird Sanctuary, 583 Third Beach Road, for a Class F Alcoholic Beverage License for use at the same premises for an Event to be held on October 5, 2017.

 

CONSENT

 

7.   Approval of Minutes, re:  Regular Meeting, September 5, 2017.

 

8.   Memorandum of Finance Director, thru Town Administrator, with enclosure, re:  Surplus Vehicle-Fire Department – 2003 Ford Crown Victoria.

 

9.   Resolution of the Council, re:  Surplus Vehicle-Fire Department – 2003 Ford Crown Victoria.

 

10. Communication of Betsy Akin, Vice President of Fund Development, Child & Family, re:  Appreciation for support.

 

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

 

12. Communication of Marilyn Warren, Executive Director, Dr. Martin Luther King Jr., Community Center and Heather Stout, re:  Appreciation for support.

 

13. Communication of Randy Butler, President, Butler Basketball Club, re:  Appreciation for support.

 

14. Resolution of the Town of Hopkinton, re:  In Opposition to H5475 and S0481 An Act Relating to Cities and Towns – Subdivision of Land.

 

15. Resolution of the Town of Hopkinton, re:  In Support of H6204 An Act Relating to Maintenance of Town Roads and Urging Passage by the General Assembly (Restoration of Roadways Utility Lines).

 

16. (Continued from July 2, 2017 Regular Meeting, Tabled from the June 5, 2017 and May 15, 2017 Regular Meetings and Continued from August 21, 2017 Regular Meeting)

Communication of Councillor Viveiros, re:  Discuss installation of Work Order program for the Public Works Department. - (This item was acted on through another Communication at the September 5, 2017 Regular Meeting)

 

17. (Continued from July 3, 2017 and September 18, 2017 Regular Meetings)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the Town Code of the Town of Middletown, Title VII, Traffic Code, Chapter 74 Parking Schedule II and Schedule III Handicapped Parking.- At the request of the Town Administrator this item will be continued to the October 16, 2017 Regular Meeting.

 

18. (Continued from June 19, 2017 and July 19, 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 attached) – At the request of Attorney Michael W. Miller, this matter is continued to the November 20, 2017 Regular Meeting of the Council.

 

19. (Continued from Mary 15, 2017, June 19, 2017 and July 19, 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 attached) – At the request of Attorney Michael W. Miller, this matter is continued to the November 20, 2017 Regular Meeting of the Council.

 

20. (Continued from the August 21, 2017 Regular Meeting)

Petition of National Grid for Purgatory Road Propose New Solely Owned Pole Location.  (Recommendation of Roads/Utilities Committee/Public Works Director) – At the request of the Public Works Director this item will be withdrawn until the Public Works Director, National Grid and St. George’s School meet regarding this petition.

 

21. Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2017-2018 licensing year. (Requires Advertising for public hearing)

 

22. Application for Special Event from Sweet Berry Farm, 915 Mitchell’s Lane, for the Gallagher/Medeiros Wedding on Saturday, September 30, 2017 from 6:30 pm to 9:30 pm.

 

LICENSE

 

23. Application of Kevin Christian, Middletown, for a Tattoo License for use a Troubled Soul, 999 West Main Road, for licensing year 2017-2018.  (NEW)

 

ORDINANCE

 

24. (Public Hearing Advertised; Abutters 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 Use, Chapter 152 Zoning Code – Town’s Zoning Map - TAP 111 Lots 11, 12, 13,  15, 16, 17, 18, 19, 20, 21, 22, 23A, 24, 25, 32, 33, 34 and 35 from R-20A (Traffic Sensitive Medium Density Residential) to R-10A (Traffic Sensitive High Density Residential) and TAP 111 Lots 20A, 26, 27, 28, 29, 30, 31 and 63 from R-20 (Medium Residential Density) to R-10 (High Density Residential) – 1561-1683 West Main Road and 19-30  Arruda Terrace.

 

TOWN COUNCIL

 

25. Memorandum of Council President, re:  Sponsor a Local Event in Memory of Ryan Roberts

 

26. Communication of Councillor Turano, re:  Discuss adding a section to the Town Council docket called “Old Business”.

 

27. Communication of Councillor Turano, re:  Discuss current Town of Middletown computer system/infrastructure.

 

TOWN ADMINISTRATOR

 

28. Memorandum of Finance Director, thru Town Administrator, with enclosures, re:  Vehicle Purchase:  Sewer Vehicle Replacement.

 

29. Resolution of the Council, re:  Vehicle Purchase:  Sewer Vehicle Replacement.

 

30. Memorandum of Town Administrator, with enclosures, re:  Modification No. 4 – Wastewater Treatment Facility.

 

31. Memorandum of Town Administrator, with enclosures, re:  OpenGov Software Subscription.

 

32. Memorandum of Town Administrator, re:  Impact Fees – Karen Weber.

 

BOARDS AND COMMITTEES

 

33. Appointment of one (1) member to the Aquidneck Island Planning Commission for a term expiring July 2020.

 

34. Appointment of one (1) member to the Conservation Commission for a term expiring July 2020.

 

35. Appointment of one (1) member to the Library Board of Trustees for a term expiring September 2020.

 

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

 

37. Appointment of one (1) member to the Tax Assessment Review Board, Bi-partisan Board, for a term expiring October 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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