POSTED AUGUST 16, 2023
REGULAR MEETING AUGUST 21, 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, August 21, 2023 at 5:30 P.M. Executive Session; Budget Immediately Following 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: 814 0989 9313 or on the web at https://us02web.zoom.us/j/81409899313.
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, (2) Collective Bargaining, (2) Collective Bargaining (NEARI Teachers), (2) Collective Bargaining (NEARI Teacher Aids), and (2) Collective Bargaining (Council 94) - review, discussion and/or potential action and/or vote in executive session and/or open session.
2. FY22 Budgetary Comparison – School Department – General Fund Only Analysis.
3. Continued from the July 26, 2023, Special Meeting.
Public Hearing (Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the ordinances of the Town of Middletown General Fund, Parks and Recreation Fund, Sewer Fund, Refuse and Recycling Fund, Appropriating revenues for the Fiscal Year July 1, 2023 to June 30, 2024.
4. Resolution of the Council, re: Tax Levy.
5. The Town Administrator will provide an update on the School Building Project.
6. Applications three (3) received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F-1 Alcoholic Beverage Licenses (Full Liquor) - (19-hour license) for the same premises for the following events and dates listed below:
§ Coastal Conversations: A Third Beach Conservation Lecture Series – Tuesday, September 19, 2023 – 5:00 pm to 6:30 pm.
§ Coastal Conversations: A Third Beach Conservation Lecture Series – Thursday, October 12, 2023 – 5:00 pm to 6:30 pm.
§ Fireside Lecture – Thursday, December 7, 2023 – 4:00 pm to 6:00 pm.
7. Application of Plant City X Newport, LLC d/b/a Plant City X Newport, 617 West Main Road, for a Class BL liquor license, including the patio, for use at the same premises. (NEW) (Requires advertising and notice to the abutters)
8. Application of Andrew’s at Eastgate, LTD d/b/a Gold’s Wine and Spirits, holder of a Class A Alcoholic Beverage License for 1374 West Main Road, to TRANSFER LOCATION of said license to 48 Valley Road, once the building to house the business is constructed for the 2023-2024 licensing year. (Requires advertising for public hearing and notice to abutters)
9. 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.
10. Approval of Minutes, re: Special Meeting, July 26, 2023.
11. Approval of Minutes, re: Special Meeting, July 31, 2023.
12. Approval of Minutes, re: Regular Meeting, August 7, 2023.
13. Memorandum of Town Administrator, re: Change Order to FJS Contract- Architectural and Engineering Proposals for Berkeley/Peckham & Oliphant Housing.
14. Resolution of the Council, re: Change Order to FJS Contract- Architectural and Engineering Proposals for Berkeley/Peckham & Oliphant Housing.
15. Communication of James R. Primeau, P.E., PMP, Managing Engineer, Division of Project Management/Office of Scoping & Compliance, re: Pavement Improvements-West Main & Sprague, Portsmouth and Middletown, Rhode Island, PTS ID: 03131K, Scoping RIC: 2023-EH-005B Project Notification.
16. Construction and Maintenance Agreement, re: Between the State of Rhode Island and the Town of Middletown – Pavement Improvements – West Main Road & Sprague.
17. Memorandum of Town Planner, thru Town Administrator, re: Rhode Island Community Learning Center Compact.
18. Rhode Island Community Learning Center Compact, re: Addendum to Learn365RI compact.
19. Memorandum of Finance Director, re: Financial Report – Twelve Months Ended June 30, 2023.
20. Confirmation of appointment of one (1) member from Open Space and Fields Committee to the Comprehensive Community Plan Committee.
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 August 16, 2023, at Middletown Town Hall, Middletown Public Library Middletown Web Site and Secretary of State Web Site.