THIS MEETING CAN BE HEARD IN ITS ENTIRETY ON THE TOWN OF MIDDLETOWN WEBSITE WWW.MIDDLETOWNRI.COM OR THE DVD IS AVAILABLE AT THE MIDDLETOWN LIBRARY.
At a Regular Meeting of the Town Council of the Town of Middletown, RI at the Middletown Town Hall, 350 East Main Road, Middletown, RI on Monday, October 4, 2021, at 6:00 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Terri Flynn
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Dennis B. Turano
Councillor Barbara A. VonVillas, Members Present
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.
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)
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 6:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:39 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
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.
No one spoke during this session.
3. Memorandum of Rosemarie K. Kraeger, Superintendent of Schools, re: Teacher Assistant Contract (Middletown Association of Auxiliary Personnel/NEARI/NEA).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Theresa Spengler, Middletown, School Committee Chair, addressed the Council reviewing the proposed agreement, entered here:
Discussion centered around that the contract is reasonable, it is a one-year rollover, and the School Committee and School Attorney have reviewed the contract.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Fiscal Impact Statement.
4. Communication of Open Space and Fields Chair Nicholas Coogan, re: Pickleball Courts in Middletown.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Nicholas Coogan, Middletown, Chair of the Open Space and Fields Committee, addressed the Council reviewing the following:
Pickleball Town Council Recommendation
Background
The Middletown Open Space & Field Committee was asked to look at Town property for the possible location of public pickle ball courts.
Recommendation
The OS&F Committee evaluated 7 areas and the top 3 sites are ranked below in order of preference.
Process
The Committee reached their recommendation following site visits to all 7 locations that were deemed suitable for development into pickle ball courts. Each area was scored using 17 criteria. Criteria are based on input from members of the local pickleball community. Since criteria are not proportionally weighted, the scoring activity served as a tool to guide discussions around site selection. The results of the scoring activity may be viewed at the following link (https://docs.google.com/spreadsheets/d/1o_kJateXQ0I3HaGoltEsK9O4CXwJgMD6kfx_8vmaOYw/edit?usp=sharing). As a note our second choice, a central location on the upper field at Linden Park was not on the original scoring sheet. Rather there was a location on the north side of the upper field. This was felt to be too close to properties along Evergreen Street, therefore we chose a site more centrally located in Linden Park’s upper field.
Locations considered
Discussion centered around the southwest area of Linden Park being the best space for the Pickleball Courts, parking at Linden Park, the committee has not met with the neighbors of Linden Park, the committee did a noise test to see if the noise from the Pickleball players would affect the abutters and found there is no effect to the abutters, the hours of play and no lighting is included for the Pickleball Court proposal.
Fred DeFinis, Middletown, addressed the Council explaining the estimate for the Pickleball Courts is approximately $120,000 and does not include lighting. Mr. DeFinis reviewed the noise test for the Pickleball Courts, there are approximately 100 players on the Island and 600 players from the Bristol area. Mr. DeFinis explained there will be four courts, approximately 20-24 people play at one time, the courts are similar to tennis courts, the nets stay, there is a 25-year warranty and drainage under the slab. Fred DeFinis noted that once the location is approved, grants can be applied for to fund the project. Mr. DeFinis also noted the Pickleball Courts will be used during daylight hours.
Town Administrator Shawn Brown noted the next step is to develop a plan, including pricing. Mr. Brown will provide this information in approximately one month.
5. Communication of Charlie Roberts, Co-Chair, Middletown Public Schools Building Committee, re: Update regarding the Phase I submission.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Charlie Roberts, Middletown, Co-Chair, Middletown Public Schools Building Committee, addressed the Council reviewing the following PowerPoint, entered here:
School Committee Chair Theresa Spengler was present to assist with answering Council inquiries.
Holley Demers Sawyer, representing Colliers Project Leaders, was present to assist with answering Council inquires.
Discussion centered around the Town Council touring each school, if monies from the bond could be used for equipment purchases (desks and chairs) for the schools, if there is new construction such as a new wing, you can purchase furniture from the bond; if it an existing classroom, you cannot purchase furniture from the bond, and once the bond is complete the committee hopes to remain in place to continue to assist in maintaining school facilities.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
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
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said applications and advertise for public hearing to be held on November 1, 2021.
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.
Public Hearing was declared open.
Jeff Lipshires, CCE Development, applicant, addressed the Council explaining the facility will be used business offices, work equipment and materials and a restaurant. Mr. Lipshires noted he is currently reconfiguring the building. As for the restaurant, he is working with Frank Doyle, formally owner of the Fifth Element to finalize the details.
Mr. Doyle was present to assist in answering Council inquires.
Discussion centered around closing the exit of the property on the Aquidneck Avenue side, the facility is a mixed-use facility and some of the current tenants will be staying.
There being no other persons present desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license and advertise for public hearing for renewal.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council
Councillor Flynn requested that item #8 be heard under the regular portion of the agenda.
8. Memorandum of Finance Director, re: American Rescue Plan (ARPA) Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and approve updated schedule.
Councillor Flynn requested that the American Rescue Plan Update be shared with the public, including how the public is involved.
Finance Director Marc Tanguay reviewed the memorandum above.
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)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive Petition and forward to the Roads and Utilities Advisory 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
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said applications and advertise for public hearing to be held on November 1, 2021.
11. Transfer of Burial Lots, re: Charles C. Morgan to John S. Morgan, Section 51W, Lots 21, 22, 23 and 24.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Transfer of Burial Lots.
12. Application of CCE Development, LLC, 499 East Main Road, for a Victualling House License for the 2020-2021 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Inspector, Fire Marshal and Board of Health approvals.
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)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
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)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Inspector, Fire Marshal and Board of Health approvals.
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)
Public Hearing Remains Open.
Town Solicitor Peter B. Regan addressed the Council reviewing the suggested amendments to the proposed ordinance, which includes prohibiting passion centers and retail of marijuana.
Councillor Flynn review the following Chart regarding Zoning Districts Patient Cultivation and Caregiver Cultivation and (c) Location entered here:
Councillor Flynn noted concern that the locations for distances are inconsistent because there are children/youth in those residential areas.
Town Solicitor Peter B. Regan, responding to Councillor Flynn, explained the reason why the distances are the way they are in the ordinance, is due to the space on the zoning maps. Mr. Regan noted if the distances are changed, the ordinance becomes de facto prohibition.
Middletown Prevention Coalition Director Lori Verderosa addressed the Council noting state law does not allow for prohibiting Medical Marijuana Cultivation.
Carol Formica, Middletown, addressed the Council thanking them for considering the proposed amendments to the ordinance. Ms. Formica noted the negative impacts from the use of marijuana on the environment, the mental health of youth and the economic impact on legalizing marijuana.
Discussion centered around the Town trying to prohibit marijuana in the Town based on state law.
Amending the Table of Contents beginning with 727 (C) to 727(I) as follows:
727 (C) Use regulations; special use permit required.
727 (D) Patient Cultivation
727 (E) Caregiver Cultivation
727 (F) Residential Cooperative Cultivation
727 (G) Nonresidential Cooperative Cultivation
727 (H) Enforcement
727 (I) Severability
Amending Section A. Legislative Findings and Intent
In section (9) to remove the word and after the word centers and add after the word stores marijuana cultivation centers and marijuana testing facilities,
Amending Section A. Legislative Findings and Intent at the beginning of Section (10) In the event it is determined that the Town Council lacks the authority to prohibit Marijuana-Related Businesses in Middletown, ensuring” and by adding after the word properly the word “located.”
Amending Section C. Use regulations; special use permit required.
In section (2) to add after the word Centers “are prohibited in all zoning districts; provided however, in the event it is determined that the Town Council lacks the authority to prohibit Marijuana-Cultivation Centers in Middletown, Marijuana Cultivation Centers shall be and remove the word “are” and add after the word permit “as hereinafter set forth”.
Amending Section C. Use regulations; special use permit required.
In section (3) add after the word Providers “are prohibited in all zoning districts; provided however, in the event it is determined that the Town Council lacks the authority to prohibit Marijuana Testing Providers in Middletown, Marijuana Testing Providers shall be”, and remove the word “are” and add after the word permit “as hereinafter set forth”.
Amending Section C. Use regulations; special use permit required.
In section (4) to add before the word special “In the event it is determined that the Town Council lacks the authority to prohibit Marijuana-Cultivation Centers in Middletown, a”
Amend by adding section I
I. SEVERABILITY.
“If any provision of this ordinance, or application thereof to any person or circumstances, is held unconstitutional, illegal, or otherwise invalid, the remaining provisions of this article and the application of such provisions to other persons or circumstances, other than those to which it is held invalid, shall not be affected thereby.”
Amending Section C. Use regulations; special use permit required.
In section (4) after the word Centers add or Marijuana Testing Providers.
Amending Section 602 – Schedule of District Regulations – Uses and Districts by changing under Marijuana Cultivation Center Zoning District LI from S to N and by changing under Marijuana Testing Provider Zoning District OP from S to N.
There being no other persons desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:20 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 8:33 pm.
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)
Public Hearing was declared Open.
Town Planner Ronald Wolanski addressed the Council, presenting the following PowerPoint presentation, entered here:
Discussion centered around rainwater runoff on carport solar panels, all projects must have a review including water runoff control, there is a limitation on height and screening is required for Ground-Mounted Solar Photovoltaic installation, all wires must be underground, the zoning ordinance dictates the setbacks and residents have the ability to apply for relief through the zoning process.
There being no other persons present desiring to be heard, public hearing will remain open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
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)
Public Hearing was declared Open.
Town Solicitor Peter B. Regan addressed the Council reviewing the proposed ordinance above, explaining to the ordinance allows farmers to have one mobile food truck or cart by right and a portion of the food sold on the truck must be grown/produced on the farm.
Discussion centered around centered around if it is reasonable to have the restriction of a portion of the food sold must be grown/produced on the farm, the intent is to help farmers sustain operations and the number of farms in the Town.
There being no other persons present desiring to be heard, public hearing will remain open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
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)
Town Solicitor Peter B. Regan addressed the Council explaining that this amendment is in accordance with the prior ordinance allowing food trucks on farms.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
19. Memorandum of Finance Director thru Town Administrator, re: Contract Award: MIDD-022-001 – Valley Trails.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown addressed the Council reviewing the memorandum, above and the email, entered here:
Town Engineer Warren Hall addressed the Council reviewing the details of the project, including his memorandum and maps, entered here:
Discussion centered around there only being one bid for the project, the cost to the taxpayers, the project being more costly if done in phases, applying for additional grant funding for Phase II of the project, concentrating on the Pickleball project, having recreational opportunities on the West Side of Town, funding for the entire project would be from the Capital Improvement Program and the layout of the trails can be amended.
20. Resolution of the Council, re: Contract Award: MIDD-022-001 – Valley Trails to East Coast Landscaping & Construction.
On motion of Vice President Welch, duly seconded, it was voted to amend the resolution to read as follows: The bid price of one hundred five thousand, two hundred fifty dollars and zero cents ($105,250.00) be changed to ($209,900.00) and that the additional funding of $9,250 is changed to $113,900; Council President Rodrigues, Councillor Logan, Councillor Santos and Councillor VonVillas voted YES to said Motion; Vice President Welch, Councillor Flynn and Councillor Turano voted NO to said motion.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution as amended; All Councillors Voted NO to said MOTION; MOTION FAILED TO PASS.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
21. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
22. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
23. Communication of Chris Sousa, re: Resignation from the Middletown Zoning Board of Review.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication with regret.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:37 p.m.
____________________________
Wendy J.W. Marshall, CMC
Council Clerk
Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri