**POSTED AND AMENDED OCTOBER 3, 2024
*POSTED AND AMENDED OCTOBER 2, 2024
POSTED OCTOBER 2, 2024
REGULAR MEETING OCTOBER 7, 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, October **7, 2024, 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: 873 8178 7242 or on the web at https://us02web.zoom.us/j/87381787242
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), (2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, * (5) Land Acquisition, *(5) Land Acquisition (West Main Road), (5) Land Acquisition, (2) Collective Bargaining (FOP), (1) Personnel (Fire Chief) and (1) Personnel (Town Administrator) - review, discussion and/or potential action and/or vote in executive session and/or open session.
2. *Resolution of the Council, re: APPROPRIATING $3,400,000 TO FINANCE THE ACQUISITION OF A LIBRARY AND ALL ATTENDANT EXPENSES, INCLUDING BUT NOT LIMITED TO LAND ACQUISITION AND CAPITALIZED INTEREST AND
APPROVING THE FINANCING THEREOF THROUGH THE ISSUANCE OF
APPROPRIATION OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $3,400,000.
3. Citation of the Council, re: 2024 Teacher of the Year – Christine Clancey.
4. The Town Administrator will provide an update on Town Projects.
A. West Main Road Project
B. Library Project
5. The Town Administrator will provide an update on the School Building Project.
6. 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.
7. (Public Hearing Advertised; Abutters Notified)
Application of Newport Pickleball, LLC dba Newport Pickle, 105 Chases Lane, for a Class BV Liquor License, for the same premise for the 2024-2025 licensing year. (NEW)
8. (Public Hearing Advertised)
Applications received from the following named persons, firms or corporations for RENEWAL of Alcoholic Beverage Licenses for the 2024-2025 licensing year. (See attached list)
9. Approval of Minutes, re: Regular Meeting, September 3, 2024.
10. Approval of Minutes, re: Regular Meeting, September 16, 2024.
11. Approval of Minutes, re: Special Meeting, September 18, 2024.
12. Petition of Aquidneck Mini Golf, LLC by Attorney Girard A. Galvin, property owner Valley Rd Real Property, LLC, for a Zoning Amendment for property located at 40 Valley Road, Lot 402A, Plat 107NE, petitioner seeks to amend the Zoning Code Section 602 to allow movie theaters, arcades and bowling alleys by right in the LB zone. (Planning Board review and recommendation on file; Council action to forward to the advertise and notify abutters for a future public hearing.)
13. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown Residents.
14. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
15. Communication of Tax Assessor and Finance Director, re: Cancellation of Taxes for certain Middletown Residents.
16. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
17. Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses for the 2024-2025 licensing year. (See attached list)
18. Application of Alyson Sunshine, Warren for RENEWAL of a Tattoo license to be used at Secret Beach Tattoo, LLC dba Secret Beach Tattoo, 147 Aquidneck Avenue, for the 2024-2025 licensing year.
19. Email communication of Karen Biastre, Secretary of the Affordable Housing Committee, re: Confirmation of Appointment of Kim Blass as liaison to the Comprehensive Community Plan Committee. (Council action to confirm appointment)
20. Application of Newport Pickleball, LLC dba Newport Pickle, 105 Chases Lane, for a Victualling House License, for the 2024-2025 licensing year. (NEW)
21. Application of Milk and Honey Kitchen, LLC dba Milk and Honey, 800 Aquidneck Avenue, for a Victualling House License for the 2023-2024 licensing year. (NEW)
22. Application for Special Event Permit from FabNewport for First Tee Rhode Island Chapter, Fall Beginner Youth Development Golf Camp at Linden Park on Thursdays, October 10th, 17th, 24th, and Wednesday, October 30th, 2024 from 4:00 p.m. to 5:30 p.m. (Applicant respectfully requests all fees be waived)
23. Memorandum of William J. Niemeyer, Superintendent of Schools, re: Middletown High School CTE Program.
24. (Public Hearing Advertised)
Applications received from the following named persons, firms or corporations for RENEWAL of Victualling House Licenses, Additional Hours of Operation, for the 2024-2025 licensing year. (See attached list)
25. (Public Hearing Advertised)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XV, Chapter 152, Entitled “Zoning Code” , Article 4 – Definitions, Section 400, Article 6, § 602. Schedule of District Regulations – Uses and Districts and Article 27C. Short Term Rentals, § 27C01. Short-Term Rental. Application of District Regulations. (Planning Board recommendation is on file)
26. 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 98.05 Registration Form, Section 98.07 Filing Requirement, Section 98.08 Fee, Section 98.09 Occupancy Limits and Parking Requirements, Section 98.10 Owner’s Obligations, Section 98.11 Tenant’s Obligations, and Section 98.12 Local Representative.
27. Memorandum of Town Solicitor Peter B. Regan, re: Applying Owner Occupied Tax Rate to Long Term Residential Rental Properties. (At the September 3, 2024 Town Council meeting, the Town Solicitor was directed to explore an ordinance whereby Middletown taxpayers who rent their rental property on a year round basis would be entitled to the owner occupied tax rate on such property.)
28. Memorandum of Beach Commission, Charlene A. Rose-Cirillo, Chair, re: Recent Vote on Beach Pass Changes. (This is the recommendation from the Beach Commission regarding the September 3, 2024, Communication of Council President Rodrigues and Councillor VonVillas, re: Recommendation to Amend Ordinance Allowing Issuance of Second Residential Seasonal Beach Pass.)
29. Email communication of Councillor Turano, re: To review this section of the docket and recommend we have a standing project list that is reviewed the first meeting of each month. I would also like to see the list posted on the town website for the resident to have access to so they can see the project status and timeline.
30. Email communication of Councillor Turano, re: To discuss repealing the Two-Tax for residents and nonresidents. I would like to repeal the Two-Tier Tax back to the 7% from 30% and cap it where future councils cannot weaponize it against nonresidents. This decision has had a negative impact on our community's affordability and our ability to be one united town.
31. Email communication of Councillor Turano, re: To discuss the Pros and Cons of Partisanship vs. Nonpartisanship. I believe this will help the community understand what they are voting for on Nov. 5th and the impact the vote will have either way.
32. Memorandum of Town Administrator, re: Ordinance on Animal Waste- Recommendation of Beach Commission.
33. Memorandum of Town Administrator, re: Amending Ordinance on Tree Preservation and Protection Chapter 96.
34. Memorandum of Town Administrator, re: Adding Ordinance to Regulate Temporary Storage Units on Residential Property.
35. Memorandum of Town Administrator, re: ROW Parking on Wolcott Avenue.
36. Memorandum of Town Administrator, re: Community Learning Center Director position.
37. Communication of Town Clerk and Accounts Payable Clerk, re: Request Town Council to match employee donations for adopting a family.
38. Memorandum of Beach Commission, Charlene A. Rose-Cirillo, Chair, re: Recent vote on 2nd Beach Concession Deck Expansion.
39. Appointment of one (1) member to the Tax Exploration Committee, term to be determined.
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 October 2, 2024, at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.
Posted on October 2, 2024, at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.
Posted on October 3, 2024, at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.