POSTED MARCH 15, 2023
REGULAR MEETING MARCH 20, 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, March 20, 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: 816 4520 3973 or on the web at https://us02web.zoom.us/j/81645203973
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), (1) Personnel (Deputy Finance Director), (1) Personnel (Discussion of qualifications of applicants for the Bicycle and Pedestrian Advisory Committee), (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. (Continued from the February 21, 2023 and March 6, 2023, Regular Meetings)
(Advertised for Public Hearing; abutters notified)
Application of Island Cinemas 10, LLC, 866 West Main Road (Plat 106, Lot 150), for a Class BL Liquor License for use at the same premises. (New)
3. 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. (Requires advertising for a future public hearing)
4. 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. (Requires advertising for a future public hearing)
5. 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.
6. Approval of Minutes, re: Regular Meeting, February 21, 2023.
7. Approval of Minutes, re: Regular Meeting, March 6, 2023.
8. Applications from the following named persons, firms and corporations for RENEWAL of Mobile Food Establishment Licenses (MFE), for the 2023-2024 licensing year:
MFE- Mobile Food Dispensing Vehicle: (Limit 10 per year)
1899, LLC d/b/a La Costa Lobster and Tacos- 250 West Main Road
Amano, LLC d/b/a AMano Pizza & Gelato- 250 West Main Road
Cluck Truck, LLC d/b/a Cluck Truck- 250 West Main Road (
Newport Chowder Company, LLC d/b/a Newport Chowder Company- 10 Pell Street, Newport
Castaway Gourmet, LLC d/b/a Castaway Gourmet- 60 Selina Lane, Portsmouth
Pete’s Ice Cream – 122 Viking Drive, Portsmouth
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
MFE - Non-Self Propelled Cart: (Limit 7 per year)
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road
Advance Stores Company, Inc./Advance Auto Parts #7361- 957 West Main Road
Aldi, Inc./ Aldi- 890 West Main Road
Aspire Dermatology, LLC/Aspire Dermatology- 102 Valley Road
Barnes & Noble Booksellars, Inc./Barnes & Noble Booksellars- 1311 West Main Road
Beebe & Family, Inc.- 7-Eleven Food Stores- 726 Aquidneck Avenue
BJ’s Wholesale Club, Inc./BJ’s Wholesale Club- 173 East Main Road
Cardi’s Department Stores, Inc./Cardi’s Furniture Mattresses- 1199 West Main Road
Christmas Tree Shops, Inc./Christmas Tree Shop-19 East Main Road
Colbea Enterprises, LLC/ East Main Shell- 207 East Main Road
Colbea Enterprises, LLC/ West Main Shell- 1149 West Main Road
CoxCom LLC/Cox Communications- 882 West Main Road
Cumberland Farms, Inc./Cumberland Farms- 47 Aquidneck Avenue
CVS Pharmacy Inc./CVS Pharmacy #493- 99 East Main Road
FEDEX Office/FedEx Office #3795- 7 East Main Road
GameStop #5581- 288 East Main Road
General Nutrition Corp #3551/General Nutrition Corp.- 1364A West Main Road
Island Carpet & Floors- 695 West Main Road
Joe’s Kwik Mart, LLC/Joe’s Kwik Mart- 864 West Main Road
JT Releaf, LLC/Releaf Center- 1341 West Main Road
Keystone Novelties Distributor, LLC/Keystone Fireworks- 741 West Main Road
Marshall’s of MA, Inc/ Marshall’s Store #798- 288 East Main Road
Michael’s Stores, Inc./Michaels #3711- 1305 West Main Road
Neon Marketplace Operating I, LLC/Neon Marketplace- 533 East Main Road
Newport Cryotherapy, LLC/Island Wellness- 102 West Main Road
Newport National Golf Club, Inc./Newport National Golf Club- 324 Mitchell’s Lane
Newport Vineyards & Winery, LLC – 909 East Main Road
Ocean State Jobbers, Inc./ Ocean State Job Lot- 282 East Main Road
Office Superstore East, Inc/Staples- 870 West Main Road
PD Humphrey, Co., Inc./Beach Paint- 750 Aquidneck Avenue
PD Humphrey, Co., Inc./Humphrey’s Window and Door Design Gallery-
8 Coddington Highway
RPC, Inc./Rumford Pet Express- 99 East Main Road
Stop & Shop Supermarket Company – 1360 West Main Road
Walgreen Company #3000/Walgreens- 12 East Main Road
Wamm, Inc./Anthony’s Seafood & Restaurant- 963 Aquidneck Avenue
West Marine Products, Inc./West Marine- 379 West Main Road
10. Applications from the following named persons, firms and corporations for RENEWAL of Sunday Selling Licenses, for the 2023-2024 licensing year:
Andrew’s at Eastgate, LTD/ Gold’s Wine and Spirits- 1374 West Main Road
Aquidneck Package Store, Inc./Aquidneck Liquors – 15 East Main Road
Brewtus, Inc./Sandy’s Liquors-717 Aquidneck Avenue
11. Application of Lavender Haze, LLC dba The Roasted Clove Deli & Catering, 1151 Aquidneck Avenue, for a Victualling House License for the 2022-2023 licensing year. (NEW)
12. Application of Utility, LLC dba Utility, 58 Aquidneck Avenue, for a Holiday Sales License for the 2023-2024 licensing year. (NEW)
13. Application of Wiener Wagon, LLC d/b/a Wiener Wagon, 250 West Main Road, for a Mobile Food Dispensing Vehicle License (MFE) for the 2023-2024 licensing year. (NEW)
14. Application of WW Newport, LLC d/b/a Wally’s Hot Dog Cart, 222 Bellevue Avenue, for a Mobile Food Non-Self Propelled Cart License (MFE) for the 2023-2024 licensing year. (NEW)
15. Application for Special Event Permit from Cub Scout Pack 77, Middletown, for Cub Scouts Pack 77 Free Cycle Yard Sale to be held Saturday, April 22nd, 2023, from 7:30 am to 12:30 pm at the Middletown Library. (Applicant requests permit fees to be waived)
16. Application for Special Event Permit from Quahaug Chapter of North American Family Campers Association for the Camp-O-Rama, to be held at Second Beach beginning Wednesday, September 13, 2023 through Sunday, September 17, 2023.
17. Application for Special Event Permit from Middletown Historical Society for the Preserve Middletown Earth Day Event, to be held at Paradise Valley Park on Saturday, April 29, 2023 (Rain date Sunday, April 30, 2023) from 10:00 am to 4:00 pm. (Applicant respectfully requests permit and detail fees be waived)
18. Application for Special Event Permit from St. Columba’s Chapel for a Garden Party, to be held at St. Columba’s Chapel & Grounds, 55 Vaucluse Avenue, on Saturday, June 10, 2023 from 1:00 pm to 5:00 pm.
19. Application for Special Event Permit from Jan & Michelle Eckart, for the Alofsin Wedding, to be held at Sweet Berry Farm, 915 Mitchell’s Lane – The Orchard Field on Saturday, June 24, 2023 from 4:30 pm to 9:30 pm.
20. Application for Special Event Permit from Jan & Michelle Eckart, for the Ogren/Moran Wedding, to be held at Sweet Berry Farm, 915 Mitchell’s Lane – The Post & Beam Barn on Friday, September 15, 2023 from 5:00 pm to 10:00 pm.
21. Memorandum of Paul A. Croce, Chairman Planning Board, re: Comprehensive Plan Update Committee.
22. Communication of Tucker Holmes and Amanda McKelvey, Middletown, re: Request for abandonment of St. George’s Avenue paper road. (Council action to forward to the Planning Board and Roads and Utilities Advisory committee for review and recommendation)
23. An ordinance of the Town of Middletown (First 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.
24. Memorandum of Finance Director thru Town Administrator, re: FY2022 School Deficit Reduction Plan.
25. Memorandum of Finance Director thru Town Administrator, re: Solid Waste and Recycling Services Agreement – RI Resource Recovery Corp. FY2024-FY2025.
26. Resolution of the Council, re: Approval of Agreement with Rhode Island Resource Recovery Corporation for fiscal years FY2024-FY2025 and authorizing the Finance Director to execute on behalf of the Town.
27. Memorandum of Finance Director, re: Contract Award of Architectural Services Firm for school buildings.
28. (Continued from the February 21, 2023 and March 6, 2023, Regular Meetings)
Appointment of four (4) members to the Bicycle and Pedestrian Advisory Committee, terms to be determined.
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 March 15, 2023, at Middletown Town Hall, Middletown Public Library Middletown Web Site and Secretary of State Web Site.