***AMENDED AND POSTED – SEPTEMBER 27, 2022
POSTED SEPTEMBER 27, 2022
REGULAR MEETING OCTOBER 3, 2022
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 3, 2022 at 6:00 P.M. Executive Session and 6:30 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person, by telephone conference call/ webinar, 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: 875 5402 8450 or on the web at https://us02web.zoom.us/j/87554028450 .
If you chose to join the meeting by zoom or telephone, Council Rules allow for the Public to speak only during the Public Forum and Public Hearings. 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, 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), (2) Collective Bargaining (Middletown Association of Paraprofessionals/NEARI), (2) Collective Bargaining (FOP) and (1) Personnel (Non-Classified Employees)*** Amended – (5) Land Acquisition - 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. Town Administrator will provide an update on Town Projects.
4. Applications three (3) from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F Alcoholic Beverage Licenses - (One Day Only License) for the same premises on the following dates:
Sunday, October 16, 2022 – 4:00 pm to 6:00 pm
Friday, November 18, 2022 – 5:30 pm to 6:30 pm
Friday, December 16, 2022 – 4:00 pm to 6:00 pm
5. Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2022-2023 licensing year. (Council Action – Advertise for public hearing to be held on October 17, 2022) (See attached List)
6. Application of Alyson Rego, Warren, for RENEWAL of a Tattoo License for the 2022-2023 licensing year to be used at Secret Beach Tattoo, LLC dba Secret Beach Tattoo, 146 Aquidneck Avenue.
7. Application for Special Event Permit from Gray Matter Marketing, Portsmouth, RI for the Aquidneck 10k – 10k road race starting and ending at Second (Sachuest) Beach and surrounding area to be held on Sunday, March 26, 2023 – set up 6:30 am, race start 9:00 am, breakdown complete by 12:00 pm.
8. Application of Ming Moon 66, Inc. dba Ming Moon Chinese Restaurant, 694 Aquidneck Avenue, for a Victualling House License for the 2021-2022 licensing year. (NEW)
9. (Public Hearing Advertised)
Application of DDO-New England, LLC dba Taco Bell #40867, 641 West Main Road, for Additional Hours of Operation for the 2021-2022 licensing year. (NEW)
10. Communication of James McKenna, President Community Blessings Foundation, re: Additional information regarding the number of Middletown residents who received Recovery Transport Services provided through Community Blessings Foundation.
11. Memorandum of Council President Rodrigues and Councillor Flynn, re: Inclusionary Zoning. (Council action to forward this item to the Planning Board for review and recommendation)
12. Memorandum of Finance Director, thru Town Administrator, re: Tractor/Tiger Mower.
13. Resolution of the Council, re: Authorize purchase of a John Deere tractor mower and authorize the Finance Director to execute the purchase.
14. Memorandum of Town Administrator, re: Citizens Advisory Committee-Middletown Center.
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 27, 2022, at Middletown Town Hall, Middletown Public Library Middletown Web Site and Secretary of State Web Site.
Item #5
ALCOHOLIC BEVERAGE LICENSES 2022-2023
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
FLATWAVES, LLC/THE FOOD SHACK- 499 EAST MAIN ROAD
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
MISSON, LLC-58 AQUIDNECK AVENUE
MIZU WEI JAPANESE RESTAURANT CORPORATION/MIZU WEI JAPANESE RESTAURANT-
250 EAST MAIN ROAD
MYKONO PIZZA, LLC/MYKONO PIZZA PUB- 59 AQUIDNECK AVENUE
NAPHA THAI CUISINE, LLC/NAPHA THAI CUISINE – 120 WEST MAIN ROAD
NEWPORT BEACH HOUSE, INC./NEWPORT BEACH HOUSE – 3 AQUIDNECK AVENUE
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
GILBERT-BURTON VFW POST #4487/CAPTAIN KENNETH L. GILBERT POST #4487,
52 Underwood Lane
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