POSTED DECEMBER 11, 2024

REGULAR MEETING DECEMBER 16, 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, December 16, 2024, 5:00 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: 831 4722 1840 or on the web at  https://us02web.zoom.us/j/83147221840

 

 

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.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

 

RECONSIDERATION

 

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),  (1) Personnel (Police Chief), (1) Personnel (Town Engineer), (1) Personnel (Shared Facilities Director), (2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (2) Litigation (PUC Docket No. 22-42-NG – Old Mill Lane), (2) Litigation (1:24-cv00457),  (2) Collective Bargaining (Library/NEARI) and Collective Bargaining (Town Hall/NEARI) - review, discussion and/or potential action and/or vote in executive session and/or open session.

 

  1. Appointment of Police Chief and Swearing In.

6:30 P.M. - REGULAR MEETING 

 

JOINT MEETING WITH THE SCHOOL COMMITTEE AND SCHOOL BUILDING COMMITTEE

 

 

  1. Memorandum of William J. Niemeyer, Superintendent of Schools, re:  Request for joint meeting with the Town Council.

 

  1. Memorandum of Town Administrator, re:  Recommendation of School Building Committee on Project Labor Agreement.

 

  1. Resolution of the Council, re:  Authorizing the Town Administrator to seek services of conducting a feasibility study on a Project Labor Agreement pertaining to the new middle-high school construction project.

 

  1. Memorandum of the Town Administrator, re:  School Construction Project Update as of December 9, 2024.

 

PUBLIC FORUM

 

7.    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.

 

ACTING AS A BOARD OF LICENSE COMMISSION

 

  1. Application of Island Management, Inc. dba Flo’s Clam Shack, 4 Aquidneck Avenue to TRANSFER Class BV Liquor License to Four Aquidneck Opco, LLC dba Flo’s Clam Shack (2024-2025 Licensing year) for use at the same premises. (Requires Advertising for a future public hearing)

 

  1. Application of D & H, Inc. dba Coddington Brewing Co. holder of a Class BM Alcoholic Beverage License for premises located at 210 Coddington Highway, to TRANSFER 100% of stock in said corporation. (Requires Advertising for a Public Hearing)

 

CONSENT

 

 

  1. Approval of Minutes, re:  Regular Meeting, October 21, 2024.

 

  1. Approval of Minutes, re:  Regular Meeting, November 4, 2024.

 

  1. Approval of Minutes, re:  Special Meeting, November 20, 2024.

 

  1. Approval of Minutes, re:  Regular Meeting, December 2, 2024

 

  1. Approval of Minutes, re:  Special Meeting, December 4, 2024.

 

  1. Memorandum of Finance Director, thru Town Administrator, re:  Audit Extension.

 

  1. Memorandum of Finance Director thru Town Administrator, re:  Fire Department Surplus Vehicles – 2008 and 2010 Ford Explorers.

 

  1. Resolution of the Council, re:  Fire Department Surplus Vehicles – 2008 and 2010 Ford Explorers.

 

  1. Memorandum of Finance Director thru Town Administrator, re:  School Department Surplus - Technology Equipment.

 

  1. Resolution of the Council, re: :  School Department Surplus - Technology Equipment.

 

  1. Communication of Tax Assessor dated November 12, 2024, re: Cancellation of Taxes for certain Middletown Residents.

 

  1. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.

 

  1. Communication of Tax Assessor dated November 25, 2024, re: Cancellation of Taxes for certain Middletown Residents.

 

  1. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.

 

  1. Communication of Tax Assessor dated December 9, 2024, re: Cancellation of Taxes for certain Middletown Residents.

 

  1. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.

 

  1. Transfer of Burial Lots from Arnold Barboza of Ocala, Florida to Ruth Barboza of Portsmouth, RI – Section 15, Grave 156 (63 sq. feet).

 

  1. Memorandum of Town Administrator, re:  Adding Ordinance to Regulate Temporary Storage Units on Residential Property. (Council action to forward to the Planning Board for review and recommendation.)

 

  1. Email communication of Michael Flynn, re:  Atlantic Beach Tax Increment Financing (TIF) District, including three memorandums from Easton’s Point Association. (Council action to forward to the Town Solicitor for response.)

 

  1. Petition submitted by Attorney Girard Galvin to Amend the Comprehensive Plan, Zoning Ordinance and Create A Zoning Overlay District. (Council action to forward to the Planning Board for review and recommendation.)

 

  1. Memorandum of Town Administrator, re: Proposed Amendment to §1209 Exempt Signs, Window Signs- Non-illuminated. (Council action to forward to the Town Solicitor to prepare an ordinance.)

 

  1. Email communication of John Mello, re:  Resignation from the Road and Utilities Advisory Committee.

 

  1. Email communication of Councillor Roberts, re:  Resignation from the Affordable Housing Committee.

 

  1. Memorandum of Town Clerk, re:  Appointment of Tree Warden – 2025.

 

  1. Rules of the Council. (Council action will be taken on this item at the January 6, 2025, Regular Meeting of the Council.) 

 

  1. Council Representation on various Boards and Committees. (Council action will be taken on this item at the January 6, 2025, Regular Meeting of the Council.) 

 

LICENSES & PERMITS

 

  1. Application of Special Event Permit from Middletown Little League and MHS PTG, fundraiser for MHS scholarship, Islander Plunge - A polar plunge to be held on Wednesday, January 1, 2025 (New Years Day) at 2nd Beach, arrival time is 11:00 am, plunge at 12:00 p.m. (Applicant requests all fees to be waived.)

 

  1. Application of Grafik Coffee Co. dba Grafik Coffee, 40 Valley Road for a Victualling House License for the 2024-2025 licensing year. (NEW)

 

 

OTHER COMMUNICATION

 

  1. Communication of Annemarie Hogan, re:  Request that the Middletown Town Council consider selling both daily and season parking passes at Third Beach to the general public.

 

 

ORDINANCES

 

  1. An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the Town Code Title IX General Regulations, Chapter 96 Tree Preservation and Protection, Section 96.03 Public Shade Trees, Section 96.05 General Provisions (F) Enforcement, Section 96.06 Public Shade Tree Priority.

 

 

  1. An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the Town Code Title IX General Regulations, Chapter 98, entitled Short-Term Rental Leases is hereby amended by amending Section 98.02 Definitions.

 

 

  1. An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the Town Code Title III Administration, Chapter 32 Departments, Boards and Commission, Chapter School Building Committee, Section 32.95 School Building Committee (C) Organization, officers and (E) Duties and responsibilities (2).

 

 

  1. An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the  Town Code Title III, Administration Chapter 32, Entitled “Departments, Boards and Commissions” is amended by adding a new Section 32.96 entitled “Library Building Committee”.

 

 

  1. An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the Town Code Title VII Traffic Code, Chapter 75, entitled “Traffic Schedules”, Schedule V entitled “School Zones”, is hereby amended by adding an additional school zone.

 

  1. Memorandum of Town Administrator, re: Amending Chapter 36 Fee Schedule Building & Zoning.

 

  1. An Ordinance of the Town of Middletown (First Reading)

An Ordinance in amendment to the Town Code Title III, Administration, Chapter 36, Entitled “Fee Schedule”. (B) Building/Zoning, (3) Construction Permit Fees - All Building, Demolition/Moving, Electrical, Plumbing, Mechanical and Sign Permits.

 

TOWN COUNCIL

 

  1. Resolution of the Council, re:  Proposed amendment to Section 44-5-11.8 of the General Laws entitled “Tax Classification”. (Long-term rentals)

 

  1. Memorandum of Councillor Logan, re:  AED Devices for Town properties.

 

TOWN ADMINISTRATOR

 

  1. Memorandum of Town Administrator, re:  ARPA Funds Commitment Recommendation.

 

  1. Resolution of the Council, re:  Approving the American Rescue Plan Act (ARPA) spending plan.

 

  1. Communication of Operations & Facility Manager, re: Extension recommendation for the Second Beach Food Concession, Contract MIDD 021-004 Services.

 

  1. Resolution of the Council, re:  Extension for the Second Beach Food Concession, Contract MIDD 021-004 Services.

 

  1. Memorandum of Town Administrator, re:  Middletown Library Project Consultant.

 

  1. Resolution of the Council, re:  Agreement with Laura Stara as Middletown Library Project Consultant and authorizing the Finance Director to execute the contract on behalf of the Town.

 

  1. Memorandum of Finance Director, thru Town Administrator, re:  Howland Park and Linden Park Playground Equipment Purchase.

 

  1. Resolution of the Council, re:  Award of contract for Howland Park and Linden Park Playground Equipment Purchase and authorize the Finance Director to execute the contract on behalf of the Town.

 

  1. Memorandum of Town Administrator, re:  Situation Table Program in Partnership with Newport.

 

  1. Resolution of the Council, re:  Collaborate with the City of Newport to implement the Situation Table Program and authorize the Finance Director to execute the agreement on behalf of the Town.

 

  1. Memorandum of Town Administrator, re:  Change Order to FJS Associates Contract (Project 351 East Main Road).

 

  1. Resolution of the Council, re: Change Order to FJS Associates Contract (Project 351 East Main Road) – Authorizing the Town Administrator to execute said change order on behalf of the Town in the amount of $42,400.00.

 

  1. Resolution of the Council, re: Change Order to FJS Associates Contract (Project 351 East Main Road) Authorizing the Town Administrator to execute said change order on behalf of the Town in the amount of $45,000.00.

 

  1. Memorandum of Finance Director, thru Town Administrator, re:  2024 COPS Hiring Program (CHP) Grant – Fiscal Impact.

 

  1. Resolution of the Council, re: 2024 COPS Hiring Program (CHP) Grant – Authorizing Town match and the Finance Director to execute the grant agreement on behalf of the Town.

 

  1. Memorandum of Finance Director, thru Town Administrator, re:  Green End Avenue and Berkeley Avenue Grant Award Notification.

 

  1. Resolution of the Council, re:  2024 RIDEM Climate Resilience Grant award in the amount of $400,000 to fund the replacements at Green End Avenue and Berkeley Avenue - Authorizing the Town Administrator to accept said grant, execute the grant agreement and allocate town matching funds from the American Rescue Plan Act funding in the amount of $200,000.

 

  1. Resolution of the Council, re:  2024 Rhode Island infrastructure Bank (RHB) Grant award under the RIBB Resilient Rhode Municipal Resilience Program Action Grant program award in the amount of $750,000 to fund culvert replacements at Green End Avenue and Berkeley Avenue - Authorizing the Town Administrator to accept said grant, execute the grant agreement and allocate town matching funds from the American Rescue Plan Act funding in the amount of $187,500.

 

  1. Memorandum of Finance Director, thru Town Administrator, re:  Fire Department Brush Truck replacement.

 

  1. Resolution of the Council, re:  Purchase of Fire Department Brush Truck and authorizing the Finance Director to execute the purchase on behalf of the Town.

 

  1. Memorandum of Finance Director, thru Town Administrator, re:  Vehicle Purchase: Fire Department Rescue 1 and Rescue 3 Replacement.

 

  1. Resolution of the Council, re:  Purchase of Fire Department Rescue 1 and Rescue 3 Replacement and authorize the Finance Director to execute said purchase on behalf of the Town.

 

  1. Memorandum of Town Administrator, re: Vehicle Purchase: Department of Public Works Vehicle Purchase- Town Engineer.

 

  1. Resolution of the Council, re: Authorizing a Vehicle Purchase for Town Engineer and the Finance Director to execute said purchase on behalf of the Town.

 

 

BOARDS AND COMMITTEES

 

 

  1. Memorandum of Valarie Gelb, Vice Chair, Middletown Economic Development Advisory Committee, re:  Taxation of residential properties used as long-term rentals.

 

 

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 December 11, 2024, at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.

 

 

 

Published by ClerkBase
©2025 by Clerkbase. No Claim to Original Government Works.