POSTED APRIL12, 2023
REGULAR MEETING APRIL 17, 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 17, 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: 841 4091 9110 or on the web at https://us02web.zoom.us/j/84140919110.
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), (5) Land Acquisition (West Main Road), (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition, (1) Personnel (Town Administrator), (2) Collective Bargaining (FOP) and (2) Collective Bargaining (IAFF) - review, discussion and/or potential action and/or vote in executive session and/or open session.
2. Citation of the Council, re: “The Hurricanes” – Rogers/Middletown/Tiverton (RMT) High Schools Co-op Hockey Team.
3. Memorandum of Town Administrator, re: Presentation by RIDOT on Aquidneck Avenue Project - Lori Fisette, Administrator of Project Management (Acting), Division of Project Management, Rhode Island Department of Transportation.
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.
5. Resolution of the Council, re: Proclamation in Honor of Arbor Day – April 28, 2023.
Mechanical Amusement Device – Expires – May 5th, 2024
· Dennis M. Crookes, Sr./Woodhookers – 238 East Main Road
(One Juke Box, One Pool Table and One Game)
· Gilbert-Burton Post #4487/VFW- 52 Underwood Lane
(One Juke Box, One Pool Table and One Game)
· HPK, Inc./Tickets- 15 Aquidneck Avenue
(One Juke Box)
· Island Cinemas 10, LLC/Island Cinema’s- 105 Chases Lane
(Four Games)
· Kempenaar Real Estate/Howard Johnson Motor Lodge- 351 West Main Road
(Four Games)
· S.C.S.JR. Restaurant Corp., Inc/Scotty’s Big Dawg’s Sports Pub – 823 West Main Road
(One Juke Box, One Pool Table and One Game)
· SK Industries, Inc./Rusty’s 44 Wave Avenue
(One Juke Box, One Pool Table and One Game)
· The Pub at Two Mile Corner, Inc./ The Pub at Two Mile Corner- 10 Maple Ave
(One Juke Box, One Pool Table, Two Games)
· Shaw’s Supermarkets, Inc./Shaw’s #1442, - 72 East Main Road
(One Game)
7. Applications from the following named persons, firms and corporations for RENEWAL of Amusement Licenses, for the 2023-2024 licensing year:
Amusement License 2023-2024 Expires: April 17, 2024
· Diegos Middletown, LLC d/b/a Diego’s Barro Cantina- 116 Aquidneck Ave
· Island Cinemas 10, LLC d/b/a Island Cinemas - 866 West Main Road
· Kempenaar Catering, LLC d/b/a Kempenaar’s Clambake Club- 323 Valley Rd
· Newport Beach House, Inc. d/b/a Newport Beach House- 3 Aquidneck Avenue
· Newport Vineyards and Winery, LLC d/b/a Newport Vineyards- 909 East Main Road
· Seaview Inn, LLC/ The Atlantic Resort- 240 Aquidneck Avenue
· Sweet Berry Farm, Inc.d/b/a Sweet Berry Farm- 915 Mitchell’s Lane
· The Pub at Two Mile Corner, Inc. d/b/a The Pub at Two Mile Corner-10 Maple Avenue
8. License of Burial, re: Stuart Larsen & C. Sue Larsen – Section 54, Lots 107 & 108.
9. Application from Cellular Sales of Rhode Island, LLC dba Cellular Sales of Rhode Island (Verizon), 11 East Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
10. Application from Plumbers Supply Co. dba Plumbers Supply Co., 305R Oliphant Lane, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
11. Application from Supply New England, Inc. dba Supply New England, 119 Oliphant Lane, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
12. Application from JJ Materials Corporation, 990 Aquidneck Avenue, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
13. Application from Ultra Salon, Cosmetics & Fragrance, Inc. dba Ultra Beauty, 1307 West Main Road, Unit B, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
14. Application from Dollar Tree Stores, Inc. dba Dollar Tree Store #03516, 880 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
15. Application from Younique Candle Company, LLC dba Younique Candle & Crystal Co., 1700 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
16. Application from The Color House, Inc., 879 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
17. Application from Muhammad Yaqoob dba Island Food Mart, 356 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
18. Application from The Sherwin-Williams Company, 884 West Main Road, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
19. Application for Special Event Permit from St. George’s School for Alumni Weekend, Lunch, Saturday, May 6, 2023 from 12:00 pm to 2:00 pm (King Hall Terrace Tent on campus) and Dinner, May 6, 2023 from 6:30 pm to 10:30 pm (Tent on Cliff Field on campus).
20. Application for Special Event Permit from St. George’s School, Prize Day – Graduation Dinner, Saturday, May 27, 2023, 5:30 pm to 7:30 pm and Luncheon, Sunday, May 28, 2023 from 12:30 pm to 2:30 pm both held on campus King Hall Terrace.
21. Application for Special Event Permit from Aquidneck Community Table for the Aquidneck Community Table Saturday Farmer’s Market to be held at Embrace Home Loans, 25 Enterprise Drive, beginning Saturday, May 6, 2023, through Saturday, October 28, 2023 from 9:00 am to 12:00 pm, includes a request to waive permit fee.
22. Application for Special Event Permit from Newport Yogis for Newport Yogis Full Moon Yoga, Yoga at Second Beach, Surfers End to be held on Saturday, June 3, 2023 from 7:30 pm to 9:30 pm, Monday, July 3, 2023 from 7:30 pm to 9:30 pm, Tuesday, August 1, 2023 from 7:30 pm to 9:30 pm and Wednesday, August 30, 2023 from 7:00 pm to 9:00 pm.
23. Application for Special Event Permit from Saltwater Edge – Saltwater Edge Striper Kick Off- Fishing Lure Sales Event, Saturday, April 22, 2023 from 8:00 am to 2:00 pm to be held at 1315 West Main Road.
24. Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Individual Surf Therapy sessions to be held at Second Beach - Surfers End June 2023 through October 2023, Monday through Saturday after 3:00 p.m. until 8:00 p.m. (Applicant respectfully requests all fees to be waived)
25. Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Daily Surf Camp with Fab Newport and Lucy’s Hearth to be held at Second Beach - Surfers End for 6 weeks beginning Monday, July 10, 2023 (Monday through Friday) through August 18, 2023, from 10:00 am to 1:00 p.m. (Applicant respectfully requests all fees to be waived)
26. At the request of School Superintendent Rosemarie K. Kraeger - Resolution of the Council, re: Proclamation in Honor of Military Child Month and April 25, 2023 “Purple Up! For Military Kids”. (Council action to pass said resolution)
27. Communication of John Ceglarski, President, Middletown Athletic Boosters, re: Request for support for the 2023 MHS Senior Sports Event.
28. Memorandum of Town Administrator, re: Middletown Police Officer Recruiting.
29. Memorandum of Police Chief, re: COPS Grant.
30. Memorandum of Town Administrator, re: School Building Project Update.
31. Memorandum of Town Administrator, re: Amending State Legislation S0206/H5526.
32. Memorandum of Town Administrator, re: Introducing State Legislation to Positively Impact Town Debt Ratio.
33. Memorandum of Town Planner, re: Purgatory Rd. Sidewalk-VHB Design Contract Amendment #8.
34. Resolution of the Council, re: Purgatory Rd. Sidewalk-VHB Design Contract Amendment #8.
35. Memorandum of Town Administrator, re: Appointment of Town Engineer.
36. Appointment of one (1) member to the Affordable Housing Committee, indefinite term.
37. Appointment of three (3) members to the Open Space and Fields Committee, two (2) vacancies, terms expiring November 2024 and two (2) vacancies, terms expiring November 2025.
38. Appointment of two (2) members to the Zoning Board of Review, one (1) vacancy, regular member, term expiring April 2028, one (1) vacancy, first alternate, term expiring April 2024.
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 April 12, 2023, at Middletown Town Hall, Middletown Public Library Middletown Web Site and Secretary of State Web Site.