POSTED MAY 1, 2024
REGULAR MEETING MAY 6, 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, May 6, 2024, 5:00 P.M. Executive Session, 6:00 P.M. Joint Meeting with the School Committee 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: 819 2476 6295 or on the web at https://us02web.zoom.us/j/81924766295
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) Litigation (PUC Docket No. 22-42-NG – Old Mill Lane, (5) Land Acquisition, (5) Land Acquisition,(5) Land Acquisition (West Main Road), (5) Lease (Boulevard Nurseries), and (2) Collective Bargaining (FOP), - review, discussion and/or potential action and/or vote in executive session and/or open session.
6:00 P.M. – JOINT MEETING WITH SCHOOL COMMITTEE
2. The Town Administrator will provide an update on the School Building Project.
3. Memorandum of Finance Director, thru Town Administrator, re: Construction Manager at Risk – Project Location: Middletown Senior High School, Forest Avenue Elementary School and Aquidneck Elementary School.
4. Resolution of the Council, re: Town Administrator is authorized hereby to negotiate and execute an agreement on behalf of the Town for pre-construction services for renovation work to be completed at Middletown Senior High School, Forest Avenue Elementary School and Aquidneck Elementary School.
5. Memorandum of Finance Director, thru Town Administrator, re: Construction Manager at Risk – Project Location: Gaudet Middle School for future location of Middletown Middle High School.
6. Resolution of the Council, re: Town Administrator is authorized hereby to negotiate and execute an agreement on behalf of the Town for pre-construction services for the Middletown Middle High School.
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.
8. The Town Administrator will provide an update on Town Projects. (Vision Appraisal Presentation)
9. (Public Hearing Advertised)
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 for the 2023-2024 Licensing year for use at the same premises.
10. (Public Hearing Advertised; Abutters notified)
Application of TPG Middletown Beverage, LLC dba 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)
11. Application of Beach Liquors, LLC dba Beach Wine and Liquors, 43 Aquidneck Avenue to TRANSFER Class A Liquor License to Golden Bev, LLC dba A Gold’s Wine and Spirits (2023-2024 Licensing year) for use at the same premises. (Requires advertising for a future public hearing)
12. Approval of Minutes, re: Regular Meeting, April 1, 2024.
13. Approval of Minutes, re: Regular Meeting, April 15, 2024.
14. Notice of Public Hearing to be held on Monday, May 6, 2024, at 6:30 PM at the Middletown Town Hall, re: Application of TPG Middletown Beverage, LLC dba 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.
15. (Continued from the April 15, 2024, Regular Meeting)
Memorandum of Middletown Prevention Coalition Director, through Town Administrator, re: STOP Act Grant Submission. (Authorized by the Town Administrator, due to submission date for application of May 3, 2024)
16. Applications from the following named persons, firms and corporations for RENEWAL of Holiday Sales Licenses, for the 2024-2025 licensing year:
HOLIDAY LICENSE RENEWALS Expires: April 2, 2025
CVS Pharmacy Inc./CVS Pharmacy #493- 99 East Main Road
Petco Animal Supplies, Inc./ Petco #1830- 1309 West Main Road
Shaw’s Supermarket, Inc./Shaw’s #1442- 99 East Main Road
Walgreen Company #3000/Walgreens- 12 East Main Road
17. Applications from the following named persons, firms and corporations for RENEWAL of Amusement Licenses, for the 2024-2025 licensing year:
AMUSEMENT LICENSE RENEWALS Expires: April 16, 2025
HPK, Inc. d/b/a Tickets- 15 Aquidneck Avenue
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
18. Application of A&M Acquisitions, LLC dba A&M Tactical, 10 Coddington Highway for RENEWAL of a Firearms Dealers License for the 2024-2025 licensing year.
19. Application of Marc Milici dba Troubled Soul & Company, LLC, 999 West Main Road, for RENEWAL of a Tattoo License for the 2024-2025 licensing year.
20. Application of Woody’s Tavern, LLC dba Woodhooker’s Sports Tavern, 238 East Main Road, for a Victualling House License for the 2023-2024 Licensing year. (NEW)
21. Application of TPG Middletown Beverage, LLC dba Newport Beach Hotel/Restaurant, One Wave Avenue, for a Victualling House License for the 2023-2024 Licensing year. (NEW)
22. Application of Starbucks Corporation dba Starbucks Coffee #7599, 99 East Main Road, for a Victualling House License for the 2023-2024 Licensing year. (NEW)
23. Application for Special Event Permit from St. George’s School – Camp Ramleh Yard Sale open to the public to be held at St. George’s School Hockey Rink on Saturday, June 8, 2024 from 8:00 a.m. to 12:00 p.m., includes a request to waive permit fee.
24. Application for Special Event Permit from the Newport Historical Society for the Newport Show to be held at St. George’s School, 372 Purgatory Road, beginning Friday, July 26, 2024 from 6:00 pm – 9:00 pm, Saturday, July 27, 2024 and Sunday, July 28, 2024 both from 10:00 am – 4:00 pm.
25. Communication of John Ceglarski, President, Middletown Athletic Boosters, re: Request for support for the 2024 MHS Senior Athletic Recognition Event.
26. Memorandum of Stephen D. Johnson, Chair, AIPC Board of Directors, re: Release of Approved Funding.
27. (Advertised; Abutters notified)
Applicationl 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)
28. (Advertised).
Proposed Charter Amendments - Term limits:
Amendments to Article II, The Town Council, Sec. 202 and Article VIII, School Department, Sec. 801, that would set term limits for members of the Town Council and School Committee.
29. (Continued from the April 15, 2024, Regular Meeting)
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XI Business Regulations, Chapter 113, Food Services, 113.04 Restrictions on Permits.
30. (Continued from the April 15, 2024, Regular Meeting)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XI Business Regulations, Chapter 118, Tobacco Regulations. (Repealing and deleting Ordinance)
31. Memorandum of William J. Nash, Jr., Vice Chair, Planning Board, re: Amendments to the Middletown Rules and Regulations regarding the Subdivision and Development of Land: Article 5, Section 521 regarding commercial development design standards; subdivision & development application form & checklists; and development application fees. Amendment to Town Code Chapter 36-Fee Schedule, Section (E) Planning Department.
32. Proposed Amendments – Middletown Rules and Regulations Regarding the Subdivision and Development of Land - Article 5, Section 521 regarding commercial development design standards; subdivision & development application form & checklists; and development application fees.
33. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III, Chapter 36, Entitled “Fee Schedule”, Section (E) Planning Department.
34. (Continued from the April 15, 2024, Regular Meeting)
Resolution of the Council, re: Educational Funding Formula.
35. (Continued from the April 15, 2024, Regular Meeting)
Resolution of the Council, re: Pledging to Keep Rhody Litter Free.
36. Communication of Councillor Turano, re: Requesting examples of how residents’ taxes are going to be calculated.
37. Communication of Councillor Turano, re: Requesting the impact that the property reassessment had on our tax exemption programs.
38. (Continued from the April 15, 2024, Regular Meeting)
Memorandum of Finance Director, re: RFP MIDD-024-007 – Comprehensive Community Plan Consultant Services.
39. (Continued from the April 15, 2024, Regular Meeting)
Resolution of the Council, re: Award of contract for RFP MIDD-024-007 – Comprehensive Community Plan Consultant Services.
40. (Continued from the April 15, 2024, Regular Meeting)
Memorandum of Finance Director, thru Town Administrator, re: School Department- Surplus 4550 Dump Truck.
41. (Continued from the April 15, 2024, Regular Meeting)
Resolution of the Council, re: School Department- Surplus 4550 Dump Truck.
42. Memorandum of Finance Director, thru Town Administrator, re: RFP- Design Services- Dunlap-Wheeler Park Design.
43. Resolution of the Council, re: Design Services- Dunlap-Wheeler Park.
44. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown Residents.
45. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
46. Appointment of one (1) member to the Middletown Prevention Coalition, Other Organization Involved in Reducing Substance Abuse, for a term expiring April 2027.
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 May 1, 2024, at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site.