POSTED APRIL 10, 2024
REGULAR MEETING APRIL 15, 2024
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 15, 2024, 5:00 P.M. Executive Session and at 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: 884 8036 0038 or on the web at https://us02web.zoom.us/j/88480360038
If you choose 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)
5:00 P.M. – EXECUTIVE SESSION
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Potential Litigation, (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition (West Main Road) and (2) Collective Bargaining (FOP), - 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. (Continued from the April 1, 2024, Regular Meeting)
The Town Administrator will provide an update on Town Projects. (Tax Rate and Revaluation)
4. The Town Administrator will provide an update on the School Building Project.
5. Application of Carol Crookes dba Woodhookers Sports Tavern, 238 East Main Road to TRANSFER Class BV Liquor License to Woody’s Tavern, LLC dba Woodhooker’s Sports Tavern (2023-2024 Licensing year) for use at the same premises. (Requires advertising for a future public hearing)
6. Application of TPG Middletown Beverage, LLC d/b/a Newport Beach Hotel/Restaurant, One Wave Avenue, for a Class BT Alcoholic Beverage License for the 2023-2024 Licensing year for use at the same premises, to include patio areas. (NEW; Requires advertising for a future public hearing and notification to abutters)
7. Applications three (3) received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F Alcoholic Beverage Licenses - (19-hour license) for the following events and dates listed below:
§ Beach Bash, held at the Norman Bird Sanctuary Beach, 830 Third Beach Road – Wednesday, July 24, 2024 – 5:00 pm to 8:00 pm. (F- Full Service)
§ 50th Anniversary Harvest Fair, held at the Norman Bird Sanctuary, 583 Third Beach Road – Saturday October 5, 2024 – 10:00 am to 5:00 pm. (F- Beer and Wine)
§ 50th Anniversary Harvest Fair, held at the Norman Bird Sanctuary, 583 Third Beach Road – Sunday October 6, 2024 – 10:00 am to 5:00 pm.
(F- Beer and Wine)
8. Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re: Recommendation to the Town Council on draft fertilizer and pesticide control policy. (Requires review and adoption at a future meeting)
9. Application of Starbucks Corporation dba Starbucks Coffee #7599, 99 East Main Road, for an Additional Hours of Operation License for the 2023-2024 Licensing year. (NEW; Requires Advertising for a future public hearing)
10. Communication of Superintendent of Schools, re: Approval of Educational Funding Formula Resolution.
11. Application for Special Event Permit from Pulse Gym & Studios for Pulse Beach Boot Camps at Second Beach (Tuesdays and Thursdays) from Tuesday, May 14, 2024 to Thursday, August 29, 2024, from 5:30 am to 7:30 am.
12. Application for Special Event Permit from Aquidneck Island Land Trust/Sweet Berry Farm, 915 Mitchell’s Lane for Aquidneck Island Land Trust’s Appreciation BBQ for volunteers and Land Owners to be held on Thursday, June 6, 2024 from 5:30 pm to 7:30 pm.
13. Application for Special Event Permit from Reverand Shelly Dungan for Community Yoga on the Beach to be held at Third Beach (Old riverbed area), Tuesdays 6:00 pm to 7:00 pm July 2, 2024 to September 10, 2024 and Saturdays and Sundays alternating 7:00 am to 7:45 am from July 6, 2024 to September 8, 2024.
14. 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 2024 through September 2024, Monday through Friday 5:30 pm to 8:30 pm and Saturdays 8:00 am to 10:00 am – Symon Cousens has approved this request. (Applicant respectfully requests all fees to be waived)
15. Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Daily Surf Therapy Camp with Fab Newport and Lucy’s Hearth to be held at Second Beach - Surfers End for 6 weeks beginning Monday, July 8, 2024 (Monday through Friday) through August 16, 2024, from 10:00 am to 12:30 pm - Symon Cousens has approved this request. (Applicant respectfully requests all fees to be waived)
16. 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 13, 2024, from 7:30 am to 1:30 pm. (Set up at 5:00 am, race completed by 3:00 pm)
17. Application for Special Event Permit from St. George’s School for Alumni Weekend, Lunch, Saturday, May 18, 2024 from 12:00 pm to 2:00 pm (King Hall Terrace Tent on campus) and Dinner, May 18, 2024 from 6:30 pm to 10:30 pm (Tent on Cliff Field on campus).
18. Application for Special Event Permit from St. George’s School, Graduation/Prize Day – Graduation Dinner, Saturday, May 25, 2024, 5:30 pm to 7:30 pm and Luncheon, Sunday, May 26, 2024 from 12:30 pm to 2:30 pm both held on campus King Hall Terrace.
19. Application from Special Event Permit from The Norman Bird Sanctuary, for a Beach Bash to be held on their beach at 830 Third Beach Road, on Wednesday, July 24, 2024 from 5:00 pm to 8:00 pm.
20. Application from Special Event Permit from The Norman Bird Sanctuary, 583 Third Beach Road, for the 50th Annual Harvest Fair, Family- Friendly Fair to be held Saturday, October 5, 2024 and Sunday, October 6, 2024 from 10:00 am to 5:00 pm.
21. Application for Special Event Permit from Jennifer Winn Barrack Pereira for Chillates: Beach Pilates to be held at Third Beach on Mondays, Wednesdays & Fridays (Town Beach) 6:30 am to 7:30 am and Saturdays (Boat Ramp) 6:30 am to 7:30 am from June 3, 2024 to August 31, 2024.
22. Email request from Denise Panichas, Executive Director, The Samaritans of Rhode Island, re: Council Resolution in Support of Suicide Prevention Barriers on Bridges over Narragansett Bay.
23. Resolution of the Council, re: In Support of Suicide Prevention Barriers on Bridges over Narragansett Bay.
24. Memorandum of Antone Viveiros, Chairman-Middletown Republican Town Committee, re: Town Charter Amendment Request – Term Limits.
25. Public Hearing (Advertised)
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XV, Chapter 152, Zoning Code, Article 4 Definitions – Lot Line. (Planning Board recommendation on file.)
26. Public Hearing (Advertised)
Proposed Charter Amendment - Sec. 201 – entitled “Number selection and term of members, by changing non-partisan elections to partisan elections.
27. Public Hearing (Advertised)
Proposed East Main Road Configuration modifying the current four (4) lane configuration to a three (3) lane road – one lane of travel north on East Main Road and one lane of travel south, bisected by a center turn lane.
28. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, XI, Business Regulations, Chapter 113, Food Services, 113.04 Restrictions on Permits.
29. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, XI, Business Regulations, Chapter 118, Tobacco Regulations. (Repealing and deleting Ordinance)
30. Resolution of the Council, re: Educational Funding Formula.
31. Resolution of the Council, re: Pledging to Keep Rhody Litter Free.
32. Memorandum of Middletown Prevention Coalition Director, through Town Administrator, re: STOP Act Grant Submission.
33. Memorandum of Finance Director, re: RFP MIDD-024-007 – Comprehensive Community Plan Consultant Services.
34. Resolution of the Council, re: Award of contract for RFP MIDD-024-007 – Comprehensive Community Plan Consultant Services.
35. Memorandum of Finance Director, thru Town Administrator, re: School Department- Surplus 4550 Dump Truck.
36. Resolution of the Council, re: School Department- Surplus 4550 Dump Truck.
Wendy J.W. Marshall, MMC
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 10, 2024, at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site.