POSTED SEPTEMBER 29, 2021
REGULAR OCTOBER 4, 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 regular meeting to be held on Monday, October 4, 2021, 6:00 P.M. Executive Session; Regular Meeting immediately following 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 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 five (5) minutes.
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) Land Acquisition, (5) Land Acquisition and (5) Lease (JFK School) - review, discussion and/or potential action and/or vote in executive session and/or open session.
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. All items discussed during this session will not be voted upon.
3. Memorandum of Rosemarie K. Kraeger, Superintendent of Schools, re: Teacher Assistant Contract (Middletown Association of Auxiliary Personnel/NEARI/NEA).
4. Communication of Open Space and Fields Chair Nicholas Coogan, re: Pickleball Courts in Middletown.
5. Communication of Charlie Roberts, Co-Chair, Middletown Public Schools Building Committee, re: Update regarding the Phase I submission.
6. Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2021-2022 licensing year. (Requires Advertising for a public hearing to be held on November 1, 2021)
ALCOHOLIC BEVERAGE LICENSES 2021-2022
CLASS A
ANDREW’S AT EASTGATE, LTD/GOLDS WINE & LIQUOR – 1374 WEST MAIN ROAD
AQUIDNECK PACKAGE STORE, INC./AQUIDNECK LIQUORS – 15 EAST MAIN ROAD
BEACH LIQUORS, LLC/BEACH WINE & LIQUORS – 43 AQUIDNECK AVENUE
BREWTUS, INC./SANDY’S LIQUORS- 717 AQUIDNECK AVENUE
CLASS B LIMITED
CARDINAL RESTAURANT CORPORATION/IHOP RESTAURANTS- 159 WEST MAIN ROAD
D ANG P CORPORATION/BANGKOK CITY RESTAURANT – 23 VALLEY ROAD
SPROUT AND LENTIL, LLC/SPROUT AND LENTIL- 796 AQUIDNECK AVENUE
WAMM, INC./ANTHONY’S SEAFOOD & RESTAURANT – 963 AQUIDNECK AVENUE
CLASS BM – BREW PUB
D & H, INC./CODDINGTON BREWING COMPANY – 210 CODDINGTON HIGHWAY
NEWPORT VINEYARDS & WINERY, LLC/NEWPORT VINEYARDS, BRIX RESTAURANT & TAPROOT- 909 EAST MAIN ROAD
CLASS B VICTUALLER
APPLE NEW ENGLAND, LLC/APPLEBEE’S NEIGHBORHOOD GRILL & BAR- 349 WEST MAIN ROAD
AQ, INC./AQUIDNECK RESTAURANT & PIZZERIA- 27 AQUIDNECK AVENUE
ATLANTIC GRILLE, INC./ATLANTIC GRILLE- 91 AQUIDNECK AVENUE
BACK OF THE BUS, LLC/IDA’s RESTAURANT - 21A VALLEY ROAD
BLUE PLATE DINER, INC./BLUE PLATE DINER- 665 WEST MAIN ROAD
BOTTEGA BOCCONI, LLC/BOTTEGA BOCCONI- 36 AQUIDNECK AVENUE
CHING TAO CHINESE RESTAURANT, INC. – 268 WEST MAIN ROAD
CHIPOTLE MEXICAN GRILL OF COLORADO, LLC/ CHIPOTLE MEXICAN GRILL-
11 EAST MAIN ROAD
DENNIS M. CROOKES, SR./WOODHOOKER’S SPORTS TAVERN – 238 EAST MAIN ROAD
DIEGO’S MIDDLETOWN, LLC- 116 AQUIDNECK AVENUE
FOODLOVE MARKET MIDDLETOWN, LLC/FOODLOVE MARKET- 1037 AQUIDNECK AVE
HPK, INC./TICKETS – 15 AQUIDNECK AVENUE
ISLAND MANAGEMENT, INC./FLO’S CLAM SHACK – 4 AQUIDNECK AVENUE
K & E CORPORATION/RHEA’S FAMILY RESTAURANT – 120 WEST MAIN ROAD
MISSON, LLC-58 AQUIDNECK AVENUE
MIZU WEI JAPANESE RESTAURANT CORPORATION/MIZU WEI JAPANESE RESTAURANT-
250 EAST MAIN ROAD
NEWPORT BEACH HOUSE, INC./NEWPORT BEACH HOUSE – 53 PURGATORY ROAD
NEWPORT NATIONAL GOLF CLUB INC/NEWPORT NATIONAL GOLF CLUB-
324 MITCHELLS LANE
PEPPER DINING, INC./CHILI’S GRILL & BAR – 845 WEST MAIN ROAD
PIMTONG, INC./SIAM SQUARE FINE THAI CUISINE – 238 EAST MAIN ROAD
S.C.S.JR. RESTAURANT CORP., INC./SCOTTY’S BIG DAWG’S SPORTS PUB – 823 WEST MAIN ROAD
S.H.I.J., INC./NEW SEA SHAI- 747 AQUIDNECK AVENUE
SK INDUSTRIES, INC./RUSTY’S – 44 WAVE AVENUE
THE PUB AT TWO MILE CORNER, INC/ THE PUB AT TWO MILE CORNER- 10 MAPLE AVE
TITO’S CANTINA, INC./TITO’S CANTINA – 651 WEST MAIN ROAD
CLASS B TAVERN
FIRST BEACH, LLC/GASTRO PUB – 1 WAVE AVENUE
ISLAND HOTEL GROUP, LLC/RESIDENCE INN BY MARRIOTT – 325 WEST MAIN ROAD
MAIN HOTEL, LLC/HOMEWOOD SUITES- 348 WEST MAIN ROAD
MIDDLETOWN TENANT,LLC/PORTOFINO BAR & GRILLE AT ROYAL PLAZA- 425 EAST MAIN ROAD
SEAVIEW HOTEL, INC- 240 AQUIDNECK AVENUE
SONESTA INTERNATIONAL HOTELS CORPORATION/SONESTA SELECT NEWPORT MIDDLETOWN – 9 COMMERCE DRIVE
WM HOTEL GROUP, LLC/HAMPTON INN- 317 WEST MAIN ROAD
CLASS C
BREAKWATERS CIGAR & WHISKEY LOUNGE, LLC- 796 AQUIDNECK AVENUE
CLASS D
CLAMBAKE CLUB OF NEWPORT – 353 TUCKERMAN AVENUE
MIDDLETOWN COLUMBUS CLUB, INC. – 7 VALLEY ROAD
MIDDLETOWN FRATERNAL ORDER OF POLICE LODGE #21 – 464 MITCHELL’S LANE (P.O. BOX 4644, MIDDLETOWN)
NORTH END CLUB OF NEWPORT, RI & PROV. PLANTATIONS – 26 BROOKDALE ROAD
WANUMETONOMY GOLF & COUNTRY CLUB, INC. – 152 BROWN’S LANE
CLASS J
KEMPENAAR CATERING, LLC/KEMPENAAR’S CLAMBAKE CLUB – 323 VALLEY ROAD
7. (Public Hearing Advertised)
Application of MR Ventures, LLC, 499 East Main Road, holder of a Class BV Alcoholic Beverage License to TRANSFER said License to CCE Development, LLC, for use at the same premises for the 2020-2021 licensing year.
8. Memorandum of Finance Director, re: American Rescue Plan (ARPA) Update.
9. Petition of National Grid & Verizon New England, Inc., re: Tuckerman Avenue – National Grid proposed to install solely owned pole 45-1 Tuckerman Avenue for the installation of a new service at house 515 Tuckerman Avenue. (Council action forward to the Roads and Utilities Committee for review and recommendation)
10. Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2021-2022 licensing year. (Requires Advertising for a public hearing to be held on November 1, 2021)
ADDITIONAL OPERATING HOURS LIST 2021-2022
2:00 A.M. – 6:00 A.M.
EXPIRES DECEMBER 1ST ANNUALLY
AQ, LLC/Aquidneck Restaurant & Pizzeria – 27 Aquidneck Avenue
Aquidneck Donuts, Inc./Dunkin’ Donuts – 811 West Main Road
Aquidneck Donuts, Inc./Dunkin’ Donuts – 536 East Main Road
Beebe & Family, Inc./7-Eleven Food Stores – 726 Aquidneck Avenue
Cardinal Restaurant Corp./IHOP Restaurants – 159 West Main Road
Colbea Enterprises, LLC/Seasons Corner Market- 207 East Main Road
Colbea Enterprises, LLC/West Main Shell- 1149 West Main Road
Cumberland Farms Store #1264 –94 Aquidneck Avenue
Joe’s Kwik Marts, LLC/Joe’s Kwik Mart – 876 West Main Road
Leite Donuts, Inc./Ma’s Donuts & More – 78 West Main Road
Middletown Taco, Inc./ Taco Bell- 641 West Main Road
Shaw’s Supermarkets, Inc, - 71 East Main Road
Starbucks Corporation/Starbucks Coffee #7599- 85 East Main Road
Tecs Donuts, Inc./ Dunkin’ Donuts- 159 East Main Road
11. Transfer of Burial Lots, re: Charles C. Morgan to John S. Morgan, Section 51W, Lots 21, 22, 23 and 24.
12. Application of CCE Development, LLC, 499 East Main Road, for a Victualling House License for the 2020-2021 licensing year. (NEW)
13. Application of Verge Mobile, LLC dba T-Mobile, 1364 West Main Road, for a Holiday Sales License for the 2021-2022 licensing year. (NEW)
14. Application of Jim’s Pizza, LLC dba Piezonis, 876 West Main Road, for a Victualling House License for the 2020-2021 licensing year. (NEW)
15. (Continued from September 7, 2021, Regular Meeting)
(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 adding new Section 727 Marijuana Related Uses. (Planning Board Recommendation is 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 amending Section 440, entitled Definitions, Section 602, entitled Scheduled of District Regulations – Uses and Districts, and Section 703 , entitled Accessory Uses and Structures, Section 725, entitled Ground-Mounted Solar Photovoltaic Installation. (Planning Board Recommendation is 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 amending the definition of Farm-Promotion Accessory Uses in Section 400 entitled Definitions and addition definitions for Agricultural Operations, Farm (small), Farm (large) and Mobile Food Establishment thereto; (2) amending Subsection (F) of Section 703, entitled Accessory Uses and Structures; and (3) amending 722, entitled Farm Promotion Accessory Uses. (Planning Board Recommendation is on file)
18. 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 113, Food Services by amended (1) addition definitions for Farm (small) and Farm (large) to Section 02, entitled Definitions and (2) amending Section 04, entitled Restrictions on Permits. (Planning Board Recommendation is on file)
19. Memorandum of Finance Director thru Town Administrator, re: Contract Award: MIDD-022-001 – Valley Trails.
20. Resolution of the Council, re: Contract Award: MIDD-022-001 – Valley Trails to East Coast Landscaping & Construction.
21. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
22. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
23. Communication of Chris Sousa, re: Resignation from the Middletown Zoning Board of Review.
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.
Posted on September 29, 2021, at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site.