ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – APRIL 13, 2021
REGULAR MEETING – APRIL 19, 2021
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 special meeting to be held on Monday, April 19, 2021 at 6:00 P.M. Executive Session; Immediately following Executive Session Appointments; Immediately following Appointments, Items not completed at the April 5, 2021 Regular Meeting, April 19, 2021 Regular Meeting at 7:00 P.M. - Said meeting will be conducted by telephone conference call/ webinar, in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended to April 29, 2021, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) as part of the State’s emergency response to COVID-19. Members of the public may access and listen to the meeting in real-time by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 897 3485 8186; or on the web at .https://us02web.zoom.us/j/89734858186
If calling in by telephone pressing *9 raises your hand and pressing *6 will unmute.
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, 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, may be considered, discussed and voted upon in executive session and/or open session.
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 three (3) minutes. Citizens that wish to speak must submit a written request either dropped off at Town Hall or emailed to both wmarshall@middletownri.com and kclancey@middletownri.com . Request must include your information, item number you wish to address and how you will be identified/named on zoom. The request must be filed at least 30 minutes prior to the meeting. If a request is not filed, you will not be able to address the matter.
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), (1) Litigation (NC2021-01505) and (5) Land Acquisition (Parcel Adjacent to John Clarke Road) - review, discussion and/or potential action and/or vote in executive session and/or open session.
Immediately Following Executive Session – Appointment of Town Council Member - Appointment of Council President and/or if necessary, Appoint of Vice President
2. Memorandum of Town Clerk, re: Appointment of Town Council Member.
3. Memorandum of Town Administrator, re: Selection of Town Council President.
4. Memorandum of Town Administrator, re: Selection of Town Council Vice President, if necessary.
Immediately Following – Appointments - Items not completed at the April 5, 2021 Regular Meeting
5. Memorandum of Councillor Flynn, re: Tax Proposal: Tiered Tax, Flat Rate Tax.
6. Communication of Councillor Turano, re: Middletown Property Tax Assessment Overview.
7. Memorandum of Town Administrator, re: Amended parking restrictions- Wolcott Avenue.
8. Memorandum of Town Administrator, re: Friends of Middletown Public Library Memo of Understanding.
9. Memorandum of Town Administrator, re: Beach Operations Plan - Update.
10. Communication of Will Cronin, Operations & Facility Manager, re: Campground opening. (New Item)
11. Memorandum of Town Engineer thru Town Administrator, re: Availability of funding to support Maidford River flood mitigation.
12. Resolution of the Council, re: Authorizing the Town Engineer to work with the Planning Department to prepare and submit grant application – National Fish and Wildlife Foundation – National Coastal Resilient Fund.
13. Resolution of the Council, re: Authorizing the Town Engineer to work with the Planning Department to prepare and submit grant application –Southeast New England Program (SNEP).
14. Email communication of Arthur Weber, resignation from the Aquidneck Island Planning Commission.
15. Appointment of two (2) members to the Middletown Planning Board, two (2) vacancies terms expiring February 2024.
16. 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 either dropped off a public participation request at Town Hall or emailed to both wmarshall@middletownri.com and kclancey@middletownri.com at least 30 minutes prior to the start of the meeting. All items discussed during this session will not be voted upon. (No longer than 15 Minutes total for the Public Forum)
BUDGET
17. Receipt of FY 2021-2022 Budget.
18. Communication of Rosemarie K. Kraeger, Superintendent of Schools, re: Middletown Public School Budget Fiscal Year July 1, 2021 – June 30, 2022- In accordance: Article VIII – Section 812 – Town Charter.
19. Application of Foodlove Market Middletown, LLC dba Foodlove Market, 1037 Aquidneck Avenue for a Class BV Liquor license for use at the same premises. (New; Requires Advertising for a future Public Hearing and Notification to abutters)
20. Application of KVG, LLC dba Rock Lobster, 59 Aquidneck Avenue for Class BV Liquor license for use at the same premises. (New; Requires Advertising for a future Public Hearing and Notification to abutters)
21. At the request of the Middletown Tree Commission - Resolution of the Council, re: Proclamation in Honor of Arbor Day – April 30, 2021. (Council action to pass said resolution)
22. At the request of School Superintendent Rosemarie K. Kraeger - Resolution of the Council, re: Proclamation in Honor of Military Child Month and April 21, 2021 “Purple Up! For Military Kids”. (Council action to pass said resolution)
23. At the request of The Community Housing Resource Board/Housing Hotline - Resolution of the Council, re: Proclamation – Fair Housing Month in the Town. (Council action to pass said resolution)
24. Application of T-Mobile Northeast, LLC dba T-Mobile, 99 East Main Road for a Holiday License for the 2021-2022 licensing year. (NEW)
25. Application for Special Event Permit from Rhode Island Arts Foundation at Newport, Inc. dba Newport Music Festival for a Classical Music Concert to be held at the Norman Bird Sanctuary on Friday, July 9, 2021 at 5:15 am and Friday, July 16, 2021 at 5:15 am.
26. Application for Special Event Permit from Reverend Shelley Dungan of The Sacred Center at St. Mary’s Church for Yoga on the Beach to be held at Third Beach, Monday – Sunday 7:00 am – 8:30 am and Monday-Friday 6:00 pm -7:00 pm, mid-June to early September.
27. Application for Special Event Permit from Elevate Fitness for Elevate Fitness Beach Boot Camp at Second and/or Third Beaches (Tuesdays and Thursdays) beginning May 18, 2021 through September 2, 2021, 5:30 am to 7:30 am.
28. Application for Special Event Permit from Pulse Gym & Studios for Pulse Beach Boot Camps at Second Beach– Surfer’s End (Tuesdays and Thursdays) beginning June 8, 2021 through October 1, 2021, 5:30 am to 7:30 am.
29. Memorandum of Karen Roarke, re: Codifying Council Resolution – Sidewalks.
30. (Continued from Regular Meeting, February 25, 2021)
Memorandum of Councillor Flynn, re: Parking Ordinance.
31. Memorandum of Councillor Welch, re: STR Registration Fee.
32. Memorandum of Councillor Welch, re: 7th Inning Stretch.
33. Memorandum of Town Planner, re: Engineer Contract Amendment #5 – Purgatory Road Sidewalk Design.
34. Resolution of the Council, re: Engineer Contract Amendment #5 – Purgatory Road Sidewalk Design.
35. Memorandum of Finance Director, re: Solid Waste and Recycling Services Agreement – RI Resource Recovery Corp. FY2022-FY2023.
36. Resolution of the Council, re: Solid Waste and Recycling Services Agreement – RI Resource Recovery Corp. FY2022-FY2023.
37. Memorandum of Town Administrator, re: Zoning Enforcement Officer.
38. Memorandum of Councillor Santos, re: Resignation as Liaison to the Middletown School Committee and as Liaison to the Beach Commission.
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 the meeting.
Posted on April 13, 2021 at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site.