ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri
POSTED – APRIL 28, 2021
REGULAR MEETING – MAY 3, 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, May 3, 2021 6;00 P.M. Executive Session; Budget Immediately following; 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: 864 5416 1786; or on the web at https://us02web.zoom.us/j/86454161786
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), (4) (Investigative Proceedings) - review, discussion and/or potential action and/or vote in executive session and/or open session.
Immediately following Executive Session - Budget
2. Review of Fiscal Year 2022 Operating Budget.
3. Adoption of Fiscal Year 2022 Budget Meetings.
Saturday, May 8, 2021 – 8:00 am
Monday, May 17, 2021 – 6:00 pm- 7:00 pm
Wednesday, May 19, 2021 – 6:00 pm – First Public Hearing
Wednesday, May 26, 2021 – 6:00 pm – Second Public Hearing and Adoption
4. 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)
5. Approval of Minutes, re: Special Meeting, March 9, 2021.
6. Approval of Minutes, re: Special Meeting, March 11, 2021.
7. Approval of Minutes, re: Regular Meeting, March 15, 2021.
8. Approval of Minutes, re: Special Meeting, March 18, 2021.
9. Approval of Minutes, re: Regular Meeting, April 5, 2021.
10. Approval of Minutes, re: Special Meeting, April 13, 2021.
11. Application of A&M Acquisitions, LLC dba A&M Tactical, 10 Coddington Highway for RENEWAL of a Firearms Dealers License for the 2021-2022 licensing year.
12. Applications for the following named persons, firms or corporations for renewal of an Amusement License for the 2021-2022 licensing year:
Amusement License 2021-2022 Expires: April 14, 2022
Diegos Middletown, LLC d/b/a Diego’s Barro Cantina- 116 Aquidneck Ave
First Beach, LLC d/b/a Newport Beach Hotel & Suites- 1 Wave Avenue
Island Management, Inc. d/b/a Flo’s Clam Shack- 4 Aquidneck Avenue
Kempenaar Catering, LLC d/b/a Kempenaar’s Clambake Club- 323 Valley Rd
Newport Vineyards and Winery, LLC d/b/a Newport Vineyards- 909 East Main Road
The Pub at Two Mile Corner, Inc. d/b/a The Pub at Two Mile Corner-
10 Maple Avenue
Seaview Inn, LLC/ The Atlantic Resort- 240 Aquidneck Avenue
Sweet Berry Farm, Inc.d/b/a Sweet Berry Farm- 915 Mitchell’s Lane
13. (Advertised for Public Hearing and abutters notified)
Application of Foodlove Market Middletown, LLC dba Foodlove Market, 1037 Aquidneck Avenue for a Class BV Liquor license for use at the same premises; including use of outdoor patio service. (New)
14. (Advertised for Public Hearing and abutters notified)
Application of KVG, LLC dba Rock Lobster, 59 Aquidneck Avenue for a Class BV Liquor license for use at the same premises. (NEW)
15. Public Hearing Advertised.
An Ordinance of the Town of Middletown (First 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 subsection “(E)” to Section 704, entitled “Height and Yard Modifications”. (Planning Board recommendation on file)
16. Public Hearing Advertised.
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV Land Use, Chapter 152 Zoning Code, is amended amending section §306 – Uses Subject to and Exempt from Development Plan Review (DPR). (Planning Board recommendation on file)
17. Public Hearing Advertised.
An Ordinance of the Town of Middletown (First 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 adding Article 27B – Outdoor Lighting.
(Planning Board recommendation on file)
18. Public Hearing Advertised.
An Ordinance of the Town of Middletown (First 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 adding new Article 30 – Atlantic Beach Overlay District; adding a new column and other revisions to Section 602 regarding uses allowed in theAtlantic Beach Overlay District; adding new lines to section 603 regarding dimensional requirements for the Atlantic Beach Overlay District; and adding definitions regarding signs to Article 12, Section 1202. (Planning Board recommendation on file)
19. Application of Foodlove Market Middletown, LLC dba Foodlove Market, 1037 Aquidneck Avenue for a Victualling House License for the 2020-2021 licensing year. (NEW)
20. Application of KVG, LLC dba Rock Lobster, 59 Aquidneck Avenue for a Victualling House License for the 2020-2021 licensing year. (NEW)
21. Application of KVG, LLC dba Rock Lobster, 59 Aquidneck Avenue for a Mechanical Amusement Device License for the 2021-2022 licensing year. (NEW; 3 GAMES; 1 POOL TABLE AND 1 JUKE BOX)
22. Application for Special Event Permit from Newport Film for Newport Film Outdoor Documentary Film Screening of “Playing With Sharks” to be held on Thursday, June 17, 2021, 6:00 p.m. – 10:00 p.m. at the Second Beach Parking Lot.
23. Application for Special Event Permit from Sweet Berry Farm, 915 Mitchell’s Lane, for the Rozanski/Mello Wedding to be held on Saturday, June 26, 2021 from 5 pm to 10:00 pm.
24. (Continued from the April 19, 2021, Regular Meeting)
Memorandum of Superintendent, re: Gaudet School Track.
25. Communication of John Ceglarski, President, Middletown Athletic Boosters, re: Request for support – Middletown Athletic Boosters Senior Sports Banquet.
26. Email Communication of Michael Falcone, Director of Baseball Operations, Newport Gulls Baseball Club, re: Middletown Appreciation Night – Newport Gulls.
27. Memorandum of Councillor VonVillas and Vice President Welch, re: West Main Road Development.
28. (Continued from the April 19, 2021, Regular Meeting)
Memorandum of Town Administrator, re: Beach Operations Plan - Update.
29. Memorandum of Finance Director, thru Town Administrator, re: Concession Bid-MIDD-021-004.
30. Resolution of the Council, re: Concession Bid-MIDD-021-004 – Awarded to Fire & Water Concession, Inc.
31. (Continued from the April 19, 2021, Regular Meeting)
Memorandum of Town Engineer thru Town Administrator, re: Availability of funding to support Maidford River flood mitigation.
32. (Continued from the April 19, 2021, Regular Meeting)
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.
33. (Continued from the April 19, 2021, Regular Meeting)
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).
34. (Continued from the April 19, 2021, Regular Meeting)
Memorandum of Town Administrator, re: Zoning Enforcement Officer.
35. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
36. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
37. Memorandum of Finance Director, re: Financial Report – Nine Months Ended March 31, 2021.
38. Email communication of Councillor Logan, resignation from the Open Space and Fields Committee.
39. Appointment of one (1) member to the Affordable Housing Committee- Newly Established Committee.
40. Appointment of one (1) member to the Conservation Commission for a term expiring July 2023.
41. Appointment of five (5) members to the Juvenile Hearing Board, three (3) Regular members, terms expiring April 2024 and two (2) members as auxiliary members, terms expiring April 2024.
42. Appointment of one (1) member to Middletown Economic Development Advisory Committee for a term expiring January 2024.
43. Appointment of one (1) member to the Open Space and Fields Committee; one (1) vacancy, term expiring November 2023 and two (2) vacancies, to complete terms expiring November 2021.
44. Appointment of one (1) member to the Pension Trust Fund Committee for a term expiring February 2024.
45. Appointment of one (1) member to the Personnel Review Board- Bi-Partisan Board, Democrat or Republican Representative, two (2) vacancies, terms expiring June 2024.
46. Appointment of one (1) member to the Senior Affordable Housing Committee- Newly Established Committee.
47. Appointment of one (1) member to the Senior Citizens Board of Directors; one (1) vacancy, term expiring January 2024 and one (1) vacancy, to complete a term expiring January 2022.
48. Appointment of four (4) members to the Zoning Board of Review; one (1) vacancy, Regular Member, term expiring April 2026, one (1) vacancy, First Alternate, term expiring April 2022, one (1) vacancy, Second Alternate, term expiring April 2022, and one (1) vacancy, Third Alternate, term expiring April 2022. (Council may waive the requirement for reappointments; all new applicants shall be interviewed prior to appointment.)
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 28, 2021 at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site.