POSTED MAY 15, 2024
REGULAR MEETING MAY 20, 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 20, 2024, 5:00 P.M. Executive Session, Promotional Ceremony and RI Airport Corporation Immediately following 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: 820 5576 1581 or on the web at https://us02web.zoom.us/j/82055761581
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)
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition (West Main Road), (5) Lease, (1) Personnel (Non-Classified Employees), (1) Personnel (Major Ryan) and (2) Collective Bargaining (FOP) - review, discussion and/or potential action and/or vote in executive session and/or open session.
2. Communication of Police Chief, re: Promotional Ceremony.
3. RI Airport Corporation, re: Presentation/Discussion regarding proposed project located approximately 2000-feet north of Forest Avenue and approximately 2,500- feet west of its intersection with West Main Road (Route 114) at Newport State Airport, Assessor’s Plat 112, Lot 24A, Middletown, RI.
4. 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.
5. (Continued from the May 6, 2024, Regular Meeting)
(Advertised; Abutters notified)
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)
6. (Continued from the May 6, 2024, Regular Meeting)
(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.
7. Communication of Attorney Christopher Behan, re: Beach Liquors, LLC Transfer of Class A Liquor License to Golden Bev, LLC.
8. (Advertised)
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.
9. Application of Radish Patch, LLC dba Pasta Vino, 694 Aquidneck Avenue, for a Class BV Liquor License (2023-2024 Licensing year) to be used at the same premises. (NEW; Requires advertising for a future public hearing and notification to abutters)
10. Application of Angel Camacho, North Kingstown, for RENEWAL of a Tattoo License for the 2024-2025 licensing year to be used at 999 West Main Road.
11. Application of RPC, Inc. dba Rumford Pet Express, 99 East Main Road, for RENEWAL of Holiday Sales License for the 2024-2025 licensing year.
12. Application of Diegos Middletown, LLC dba Diego’s Barrio Cantina, 116 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2024-2025 licensing year.
13. Application of Island Management, Inc dba Flo’s Clam Shack, 4 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2024-2025 licensing year.
14. Applications from the following named persons, firms and corporations for RENEWAL of Mechanical Amusement Device Licenses, for the 2024-2025 licensing year:
Mechanical Amusement Device – Expires May 5th, 2025:
· Gilbert-Burton Post #4487/VFW- 52 Underwood Lane
(One Juke Box, One Pool Table and One Game)
· HPK, Inc./Tickets- 15 Aquidneck Avenue
(One Juke Box)
· Kempenaar Real Estate/Howard Johnson Motor Lodge- 351 West Main Road
(Four Games)
· S.C.S.JR. Restaurant Corp., Inc/Scotty’s Big Dawg’s Sports Pub – 823 West Main Road
(One Juke Box, One Pool Table and One Game)
· Shaw’s Supermarkets, Inc./Shaw’s #1442 - 72 East Main Road
(One Game)
· SK Industries, Inc./Rusty’s- 44 Wave Avenue
(One Juke Box, One Pool Table, One Game)
· Sonesta International Hotels Corporation/Sonesta Select Newport/Middletown – 9 Commerce Drive
(Three Games)
· The Pub at Two Mile Corner, Inc./ The Pub at Two Mile Corner- 10 Maple Ave
(One Juke Box, One Pool Table, Two Games)
15. Application of Shelley O’Neill, Middletown for a Private Detective License for the 2024-2025 licensing year. (NEW)
16. Application of HomeGoods, LLC dba HomeGoods #61, 288 East Main Road for a Holiday Sales License for the 2024-2025 licensing year. (NEW)
17. Application of Golden Bev, LLC dba A Gold’s Wine and Spirits, 43 Aquidneck Avenue for a Sunday Selling License for the 2024-2025 licensing year. (NEW)
18. Application of Woody’s Tavern, LLC dba Woodhooker’s Sports Tavern, 238 East Main Road for a Mechanical Amusement Device License for the 2024-2025 licensing year. (One Juke Box, One Pool Table and One Game) (NEW)
19. Application of Michael Durrett, Jr. d/b/a Becky’s BBQ, 82 East Main Road for a Victualling License for the 2023-2024 licensing year. (NEW)
20. Application of Freeboi Meat Market, Inc., 876 West Main Road for a Victualling License for the 2023-2024 licensing year. (NEW)
21. Application for Special Event Permit from Bradley Hierholzer, Hagerty July 4th Fireworks & party at Peabody’s Beach, to be held on Thursday, July 4, 2024 from 6:00 pm to 10:00 pm. (Fireworks display at 9:00 pm)
22. Communication of the Newport County YMCA “Sharks” Special Olympics Team, re: Requesting support for the Newport County YMCA Charity Golf Tournament by sponsoring one or two tee signs.
23. 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 118, Tobacco Regulations. (Repealing and deleting Ordinance)
24. An Ordinance of the Town of Middletown (Second 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.
25. Communication of Councillor Connerton, Sr., re: East Main Road Speed Limit Reduction.
26. Proposed Town Policy 20 – Fertilizer and Pesticide Use Policy (Planning Board recommendation on file)
27. Memorandum of Town Administrator, re: Recommendation to Engage Crossman Engineering and Coastal Systems Research and Planning for Beach Erosion Study.
28. Resolution of the Council, re: Award of Contract to Crossman Engineering and Coastal Systems Research and Planning for Beach Erosion Study.
29. Memorandum of Finance Director, thru Town Administrator, re: Police Department Surplus Vehicles – 2015 Ford Explorer.
30. Resolution of the Council, re: Police Department Surplus Vehicles – 2015 Ford Explorer.
31. Memorandum of Finance Director, thru Town Administrator, re: Financial Report – Nine Months Ended March 31, 2024.
32. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown Residents.
33. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
34. Email communication of John R. Mello, Chair, Roads and Utilities Advisory Committee, re: Confirmation of appointment of Marc Thayer, representing the Roads and Utilities Advisory Committee on the Comprehensive Community Plan Committee.
35. Appointment of three (3) members to the Bicycle and Pedestrian Advisory Committee, two (2) vacancies terms expiring March 2027 and one (1) vacancy, to complete a term expiring March 2025.
36. Appointment of one (1) member to the Outreach Committee, indefinite term.
37. Appointment of one (1) member to the Pension Trust Fund Committee, term expiring February 2027.
38. Appointment of one (1) member to the Roads and Utilities Advisory Committee, resident member, term expiring March 2027.
39. Appointment of one (1) member to the Zoning Board of Review, Second Alternate, for a term expiring April 2025. (Town Council Rule #33 requires new applicants to be interviewed)
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 15, 2024, at Middletown Town Hall, Middletown Public Library, Middletown Web Site and Secretary of State Web Site.