POSTED AUGUST 28, 2024
REGULAR MEETING SEPTEMBER 3, 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 Tuesday, September 3 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: 850 4056 1327 or on the web at https://us02web.zoom.us/j/85040561327
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, (2) Potential Litigation, (2) Litigation (PUC Docket No. 22-42-NG – Old Mill Lane), (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition, (5) Land Acquisition and (5) Land Acquisition (West Main Road), (2) Collective Bargaining (FOP), and (1) Personnel (Town Administrator) - review, discussion and/or potential action and/or vote in executive session and/or open session.
2. Citation of the Council, re: Middletown Patrol Officer Brendan Behan for being designated and awarded as CIT First Responder of the Year for the East Bay, RI area.
3. Communication of Chief Pesare, re: Recognition of Mr. Ronald Kobayashi for his service to the community.
4. Citation of the Council, re: Mr. Ronald Kobayashi for his service to the community.
5. The Town Administrator will provide an update on Town Projects.
6. The Town Administrator will provide an update on the School Building Project.
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. (Advertised for Public Hearing)
Application of Golden Bev, LLC dba A Gold’s Wine and Spirits, 43 Aquidneck Avenue, holder of a Class A Alcoholic Beverage License to TRANSFER LOCATION of said license to 1374 West Main Road and change DBA to West Main Road Liquors, for the 2023-2024 licensing year.
9. Approval of Minutes, re: Special Meeting, July 30, 2024.
10. Approval of Minutes, re: Regular Meeting, August 5, 2024.
11. Approval of Minutes, re: Special Meeting, August 14, 2024.
12. Memorandum of Finance Director, thru Town Administrator, re: Building Department Surplus Vehicles – Two 2008 Ford Focus.
13. Resolution of the Council, re: Building Department Surplus Vehicles – Two 2008 Ford Focus – Vehicles to be salvaged by the Finance Director.
14. Memorandum of Planning Board Chair, re: 2023 RI General Assembly Session – Zoning Ordinance Amendments to Procedures. (Council action – Order advertised for a future public hearing)
15. Memorandum of Planning Board Chair, re: 2024 RI General Assembly Session – Zoning Ordinance Amendment Regarding Definition of Household. (Council action – Order advertised for a future public hearing)
16. Memorandum of Planning Board Chair, re: 2024 RI General Assembly Session – Zoning Ordinance Amendments Regarding Accessory Dwelling Units (ADU). (Council action – Order advertised for a future public hearing)
17. Memorandum of Planning Board Chair, re: Planning Board Recommendation – Zoning Ordinance Amendments for Short-term Rentals. (Council action – Order advertised for a future public hearing)
18. Email communication of Ella Davila Auchincloss, Chair, Conexion Latina Newport Board, re: Request for support.
19. Memorandum of Melissa Welch, Middletown, re: Request Approval of Drain-Marking Project.
20. Memorandum of Councillor VonVillas, re: Housing Issues.
21. Communication of Council President and Councillor Logan, re: Discussion to have our Town Solicitor explore an ordinance where any Middletown tax payer who rents their rental property year round, pay the full time resident tax rate.
22. Communication of Council President Rodrigues and Councillor VonVillas, re: Recommendation to Amend Ordinance Allowing Issuance of Second Residential Seasonal Beach Pass.
23. Memorandum of Finance Director, thru Town Administrator, re: Paving and Utility Repairs.
24. Resolution of the Council, re: Award of Contract to East Coast Construction and Landscaping for Paving and Utility Repairs and authorizing the Finance Director to execute the contract on behalf of the Town.
25. Memorandum of Director, Middletown Prevention Coalition, re: Strategic Prevention Framework-Partnership for Success Grant Submission and Hiring a Grant Writer.
26. Appointment of one (1) member to the Affordable Housing Committee, indefinite term.
27. Appointment of one (1) member to the Conservation Commission, term expiring July 2027.
28. Appointment of three (3) members to the Library Board of Trustees, terms expiring September 2027.
29. Appointment of one (1) member to the Middletown Prevention Coalition, health care sector, to complete a term expiring April 2026.
30. Appointment of one (1) member to the Tax Assessment Review Board, Bi-Partisan Board, Democrat or Republican Representative, term expiring October 2027.
31. Appointment of seven (7) members to the Tax Exploration Committee, terms 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 August 28, 2024, at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.