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.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Peter D. Connerton, Sr.
Councillor Christopher M. Logan
Councillor M. Theresa Santos
Councillor Emily M. Tessier, Members Present
Councillor Dennis B. Turano, Absent
POSTED MARCH 29, 2023
REGULAR MEETING APRIL 3, 2023
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, April 3, 2023 at 5:30 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: 886 5912 9599 or on the web at https://us02web.zoom.us/j/88659129599
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.
PLEDGE OF ALLEGIANCE TO THE FLAG
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)
Town Clerk Wendy J. W. Marshall was Acting Town Administrator.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (1) Personnel (Town Administrator) - 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 5:33 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:32 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.
6:30 P.M. – REGULAR MEETING
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
2. (Advertised for Public Hearing)
Application of First Beach, LLC d/b/a Newport Beach Hotel/Restaurant, 1 Wave Avenue, holder of a Class BT Alcoholic Beverage License to transfer said license to TPG Middletown Beverage, LLC d/b/a Newport Beach Hotel/Restaurant, for use at the same premises for the 2022-2023 licensing year.
Public Hearing was declared open.
Attorney Natasha Ruane, representing the applicant TPG Middletown Beverage, LLC, was present to answer Council inquiries.
Attorney Ruane requested the Town Council to approve the transfer of license noting that the company holds several licenses throughout the country and the applicant is very excited to be here in Middletown.
Discussion centered around the restaurant will be open from 8:00 am to 7:00 pm for breakfast, lunch, and a light dinner, the menu at the restaurant, the bar area holds approximately 25 patrons, and the site is the former Green House Restaurant.
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.
3. (Advertised for Public Hearing)
Application of Back of the Bus, LLC d/b/a Ida’s Restaurant, 21 Valley Road, holder of a Class BV Alcoholic Beverage License to transfer said license to 86 Meatballs, LLC d/b/a Ida’s Restaurant, for use at the same premises for the 2022-2023 licensing year.
Public Hearing was declared open.
There being no 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
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 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.
Katrina “Kat” High, MHS Women’s Vocal Ensemble President, graduating class of 2024, Middletown, addressed the Council noting concern that there will be no music teacher next year, due to retirements and budget cuts. Ms. High also noted concern about other positions being cut from the school budget. Katrina High explained that she wanted to bring the issue to the Town Council’s attention and requested the Council to ask the School Department to rethink their budget.
Council President Rodrigues explained that the Town Council only allocates the monies and state law does not allow the Town Council to tell the School Department how to spend the monies.
Antone Viveiros, Middletown, addressed the Council noting concern that the Town Council passed a resolution at the last meeting entering into a 14-million-dollar contract for architectural services for the schools. Mr. Viveiros explained that the contract will increase the taxes for the residents and the effect it will have on the people on a fixed income. Antone Viveiros noted that he hopes voters will reject the school bond.
Council President Rodrigues noted the need to be patient and see what the reimbursement rates from the state on the bond will be, which will be voted on by the legislators and the information will be known in June. Council President Rodrigues explained the numbers may change, and decisions will be made once the reimbursement rate is set. Mr. Rodrigues noted his visit to schools in Massachusetts, which were designed by the same architects Middletown is utilizing and the advantages the students have in the facilities.
5. Approval of Minutes, re: Regular Meeting, March 20, 2023.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
· AV Tech, Inc./Flint Audio Video- 77 East Main Road
· Keystone Novelties Distributors, LLC/Keystone Fireworks Tent- 750 Aquidneck Avenue
· Keystone Novelties Distributors, LLC/Keystone Fireworks Tent- 741 West Main Road
· Petco Animal Supplies, Inc/Petco #1830- 1309 West Main Road
· Shaw’s Supermarkets, Inc./Shaw’s #1442, - 72 East Main Road
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
7. Applications from the following named persons, firms and corporations for RENEWAL of Sunday Selling Licenses, for the 2023-2024 licensing year:
· Beach Liquors, LLC/Beach Wine and Liquors- 43 Aquidneck Avenue
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
8. License of Burial, re: Christine Cotsoridis & Charles Cotsoridis – Section 16, Lots 401 & 402.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license of burial.
9. Application of TPG Middletown Beverage, LLC dba Newport Beach Hotel/Restaurant, 1 Wave Avenue, for a Victualling House License for the 2022-2023 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
10. Application of 86 Meatballs, LLC /dba Ida’s Restaurant, 21 Valley Road, for a Victualling House License for the 2022-2023 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
11. Application from B&B, Inc. dba Napa Auto Parts, 15 Valley Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said application.
12. Application of Island Elements Inc., dba Island Surf and Sport, 86 Aquidneck Avenue, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
13. Application of Wickford Appliance, Inc., 1180 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
14. Application of Gil’s Television Appliances, Inc dba Gil’s Appliances, 926 Aquidneck Avenue, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
15. Application for Special Event Permit from Ocean State Artisans for the 3rd Annual Ocean State Artisans Craft Show to be held on Saturday, June 3, 2023, from 10:00 am to 4:00 pm at Linden Park. (Rain date Sunday, June 4, 2023)
16. Application for Special Event Permit from Newport County YMCA for the Newport County YMCA’s 38th Annual Thanksgiving Day Pie Run – 5 mile run; 3-mile walk/run Live Race beginning at Newport County YMCA to be held on Thursday, November 23, 2023 at 8:30 am. (Live & Virtual- The Town does not regulate the Virtual portion of the race)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
17. Application for Special Event Permit from the Newport Historical Society for the Newport Antiques Show to be held at St. George’s School, 372 Purgatory Road, beginning Friday, July 28, 2023 (5:00 pm – 9:00 pm), Saturday, July 29, 2023 and Sunday, July 30, 2023 both from (10:00 am – 4:00 pm).
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
18. Application for Special Event Permit from Gray Matter Marketing, Amica Newport Marathon, Marathon – throughout Newport and Middletown, starting and ending at Easton’s Beach, Newport, to be held on Sunday, October 8, 2023, from 7:30 am to 1:30 pm. (Set up at 4:00 am, race completed by 3:30 pm)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
19. Communication of Officer John Sullivan, Newport Police Department, Chairman, AINPP, re: Request for waiver of all detail fees for the Aquidneck Island Police Parade.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
20. Application for Special Event Permit from the Aquidneck Island Police Parade for the Aquidneck Island Police Parade, beginning on West Main Road in front of Hampton Inn and Suites, 317 West Main Road to Washington Square, Newport to be held on Sunday, May 7, 2023 beginning at 9:00 am.
(Parade Committee respectfully requests all fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive permit and detail fees.
21. Application for Special Event Permit from Middletown Prevention Coalition for Middletown Family Day 2023, Communitywide Event to Celebrate Family Engagement as a Protective Factor to be held on Sachuest Beach, Saturday, October 7, 2023 (Rain Date – Sunday, October 8, 2023) from 4:00 pm to 8:00 pm. (Applicant requests all fees to be waived)
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit and waive permit and detail fees.
Council President Rodrigues noted what a great event this is for the community.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive permit and detail fees.
22. Application for Special Event Permit from the Newport County YMCA- Race 4 Chase Triathlon training for kids to be held at Second Beach and Third Beach, beginning Wednesday, July 5, 2023 to Monday, August 14, 2023, Monday through Friday from 9:00 am to 12:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
23. Application for Special Event Permit from the Newport County YMCA for the Newport County YMCA for Camp Clark Aquatics Camp to be held June 26, 2023 to September 1, 2023, Monday thru Friday 9 am – 2 pm at Second Beach and Third Beach.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
24. Application for Special Event Permit from Derek Savas for a Newport Triathlon & Aquibike– Swim, Bike, Run Event - Second Beach on Sunday, September 10, 2023, from 7:00 am to 11:30 am.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said special event permit.
25. Communication of Paul Thibeault, Middletown, re: Petition for Abandonment of Land known as “Northam Lane” (paper road) on Lot 175 – Plat 105. (Planning Board recommendation; Roads and Utilities Advisory Committee minutes/motion and Email from Town Solicitor with opinion on file.) (Council action to receive communication and Town Solicitor’s opinion; have the Town Clerk notify the petitioner that based on the Town Solicitor’s opinion, the Town Council has no jurisdiction or authority to abandon Northam Lane.)
Town Solicitor Peter B. Regan addressed the Council noting that he has done a title search on the property and in his opinion the Town Council has no jurisdiction or authority to abandon Northam Lane. Mr. Regan explained the property is a paper street, not a public road; there is no evidence that the Town has accepted the road as public, and no one drives on the road.
Paul Thibeault, Middletown, addressed the Council, explaining he has paid taxes on the road since 2001.
Town Solicitor Peter B. Regan suggested that any abandonment received by the Council going forward should be sent to him first for a title search; and then to the Planning Board and the Roads & Utilities Advisory Committee for review and recommendation.
Discussion centered around the assumption that all abutters to the paper road can use the area to the center of the road and there are no abutting properties to the south of the paper road.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication, Town Solicitor’s opinion and have the Town Clerk notify the petitioner that based on the Town Solicitor’s opinion, the Town Council has no jurisdiction or authority to abandon Northam Lane.
26. An ordinance of the Town of Middletown (Second Reading)
An ordinance in amendment to the Town Code of the Town of Middletown Title III, Administration, Chapter 36 Fee Schedule, (G) Public Works Department, (3) Public Works Private Detail Billing Rates.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
27. 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.
28. 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:15 p.m.
Wendy J.W. Marshall, CMC
Council Clerk