ALL ITEMS ON THIS AGENDA NOT COMPLETED WILL BE ADDRESSED AT THE MARCH 18, 2021 SPECIAL MEETING.
ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – MARCH 10, 2021
REGULAR MEETING – MARCH 15, 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 regularl meeting to be held on Monday, March 15, 2021; Executive Session at 6:00 P.M.; Regular Meeting will begin Immediately following the Executive Session or will begin 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 1, 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: 886 3624 4019; or on the web at https://us02web.zoom.us/j/88636244019.
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) Collective Bargaining (MMEA/NEARI, Local 869- Town Hall) and (5) Lease (JFK School) - review, discussion and/or potential action and/or vote in executive session and/or open session.
ALL ITEMS ON THIS AGENDA NOT COMPLETED AT THE MARCH 1, 2021 REGULAR MEETING.
2. (Council began discussion of this item on March 1, 2021)
Memorandum of Councillor Flynn, re: Planning Board Considerations.
3. Memorandum of Councillor Flynn, re: Senior Housing Proposal Information Platforms.
4. Memorandum of Finance Director, thru Town Administrator, re: Senior Affordable Housing – Change order for RI Housing application and manage bid process.
5. Resolution of the Council, re: Senior Affordable Housing – Change order for RI Housing application and manage bid process.
6. 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)
7. Memorandum of Town Administrator, re: Town Business Updates.
8. (Public Hearing Advertised)
Application of Courtyard Management Corporation dba Courtyard Marriott, 9 Commerce Drive to TRANSFER a BT Liquor License to Sonesta International Hotels Corporation dba Sonesta Select Newport Middletown for use at the same premises.
9. Memorandum of David P. Martland, Esquire, re: Request to Release Certain Areas from Saltwood Farm Conservation Easement. (Council approval for this item requires the Planning Board review and recommendation; action is to forward this request to the Planning Board.)
10. Memorandum of Paul A. Croce, Chairman, Middletown Planning board, re: Recommended Zoning Ordinance amendment – Marijuana related uses. (Council approval for this item allows for the required advertising for a future public hearing)
11. License of Burial, re: Valerie Cavanagh - Section 56, Graves 24 & 25.
12. Application of Sonesta International Hotels Corporation dba Sonesta Select Newport Middletown, 9 Commerce Drive for a Victualling House License for the 2020-2021 licensing year. (NEW)
13. Application of David Haag dba Checkers Pizza, 879 West Main Road for a Victualling House License for the 2020-2021 licensing year. (NEW)
14. (This Application was granted by the Council on June 1, 2020)
Application for Special Event Permit from Rhode Races & Events, Inc., for the Newport Rhode Races, Marathon Road Race to be held on Saturday, April 17, 2021 from 7:30 am – 1:30 pm. on various roads in Middletown.
15. Application for Special Event Permit from Lori Pagliaroni, Outdoor Yoga at Paradise Valley Park beginning Mid-April 2021 through October 31, 2021. Thursdays- 5:00/5:30pm to 6:00/6:30pm and Saturdays and Sundays - 8:30/9:00 am to 9:30/10:00 am.
16. Application for Special Event Permit from Pulse Newport, Pulse Beach Bootcamps at Second Beach (Surfers End) beginning in April 1, 2021 through October 31, 2021, Monday-Friday from 5:30 am to 8:00 am and Saturdays, June 5, 2021 through September 4, 2121 6:45 am to 7:45 am.
17. Application for Special Event Permit from East Bay Community Action Program, Molar Express, Dental Visits for children 2-21 and free care for uninsured ages 2-21, to be held at Linden Park on Wednesday, April 7th through Friday, April 9th, 2021 from 1:00 p.m. to 5:30 p.m. and Wednesday, April 21, 2021 from 7:00 a.m. to 5:30 p.m. (Includes a request to waive all fees)
18. Communication of Zoe Pagliaro, Sustainably Coordinator, Clean Ocean Access, re: Clean Ocean Access 2020 Updates.
19. Communication of Brad Read, Executive Director Sail Newport, re: Request for Civic Support.
20. 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 Use, Chapter 152 Zoning Code, is amended by amending the definition of “Building Height” in Section 400, entitled “Definitions”, and adding a new subsection “(E)” to Section 704, entitled “Height and Yard Modifications”. (Planning Board recommendation on file)
21. 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 Use, Chapter 152 Zoning Code , is amended by amending sections §27A04(B), §27A04(C), and §27A07(E) of Article 27A – Mixed-use Development Projects. (Planning Board recommendation on file)
22. 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 70 General Provisions, Section 70.99 Penalties (D) Parking Violations.
23. Communication of Council President Sylvia, re: Additional Support for the Martin Luther King Center.
24. Communication of Councillor Turano, re: Middletown Department for further education and community services. (Explore option to establish a new department to offer additional education and services for students and young families.)
25. At the requests of Council President Sylvia, Memorandum of Councillor Flynn, re: Housing Opportunities.
26. Executive Order 2021-02 Extension of State of Emergency in Middletown through and including April 19, 2021.
27. (Continued from the February 25, 2021, Special Meeting)
Memorandum of Town Planner, re: Response to Request for Information (RFI) for West Main/Coddington Development.
28. Memorandum of Town Planner, re: Atlantic Beach District Utilities Undergrounding Revised Cost Estimates.
29. Memorandum of Finance Director, re: Financial Report – Seven Months Ended January 31, 2021.
30. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: Town Pension Plan Actuarial Valuation Report – June 30, 2020.
31. Memorandum of Finance Director, thru Town Administrator, with enclosures, re: Town OPEB Actuarial Valuation Report – June 30, 2020.
32. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: 2021 Contract Extension: MIDD-017-021 Portable Toilets.
33. Resolution of the Council, re: Award of 2021 Contract Extension: MIDD-017-021 Portable Toilets.
34. Memorandum of Finance Director, thru Town Administrator, with enclosure, re: Establishment of the Library Community Garden Special Revenue Fund.
35. Resolution of the Council, re: Establishment of a Library Community Garden Special Revenue Fund.
36. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
37. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
38. Memorandum of Finance Director, thru Town Administrator, re: Refunding 2011 General Obligation Bonds.
39. Resolution of the Council, re: Refunding 2011 General Obligations Bonds.
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 March 10, 2021 at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site.