POSTED JANUARY 29, 2025
REGULAR MEETING FEBRUARY 3, 2025
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, February 3, 2025, 5:30 P.M. Presentation - Ethics 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: 851 0467 5351 or on the web at https://us02web.zoom.us/j/85104675351
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. Lynne M. Radiches, Staff Attorney/Education Coordinator – Rhode Island Ethics Commission - Ethics Training.
2. The Town Administrator will provide an update on:
a. Town Projects
b. School Building Project
c. Library Building Project
3. 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.
4. Approval of Minutes, re: Regular Meeting, January 6, 2025.
5. Memorandum of Arthur S. Weber, Jr., Chairman, Middletown Planning Board, re: Proposed amendments to the Middletown Rules and Regulations Regarding the Subdivision and Development of Land and zoning ordinance, Town Code Chapter 152, necessary to address amendments to state laws adopted in the 2024 General Assembly, bills H7949, H7950, H7982. (Requires Advertising for a future public hearing)
6. Communication of Recycling Coordinator, Operations & Facility Manager, re: Facility Use Request – Mobile Sauna at Third Beach.
7. Application for Facility Use Permit from Finn Woodworking and Design dba Newport Sauna/Elena Soini, Newport, RI for a Mobile Sauna to be parked at the Boat Ramp lot at Third Beach, two parking spaces for two days a week from 9:00 am to 1:00 pm, for winter swimmers/paddlers/plunges, beginning in ASAP through April.
8. Application for Facility Use Permit from Finn Woodworking and Design dba Newport Sauna/Elena Soini, Newport, RI for a Mobile Sauna to be parked at the Boat Ramp lot at Third Beach, two parking spaces for the weekends during the Newport Winter Festival, February 14th through 16th and February 21st through 23rd from 8 am to 3:00 pm.
9. Application of Napha Thai Cuisine, LLC, Napha Thai Kitchen, 120 West Main Road, for an Amusement License for the 2024-2025 licensing year. (Music with Thai Dancers) (NEW)
10. Public Hearing (Advertised).
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XV Land Usage, Chapter 152, Entitled “Zoning Code”, §400 Definitions, Article 16 Accessory Family Dwelling Unit §1600 Purpose, §1601 Requirements, §1602 Procedure, §1603 Change of Occupancy. (Planning Board recommendation is on file)
11. Public Hearing (Advertised).
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XV Land Usage, Chapter 152, Entitled “Zoning Code”, Article 14 Motels and Hotels, § 1401 Procedure For Proposed Development, §1402 Development Plan Review, Article 15 Multi-Family Dwelling, §1501 Procedures For Proposed Development, §1502 Development Plan Requirements, Article 18 Shopping Centers, §1801 Procedure For Proposed Development, §1802 Permitted Uses, Article 21 Residential Care And Assisted Living Facilities, §2102 Procedure For Proposed Development, §2103 Development Plan Requirements, Article 22 Senior Independent Living Facilities, §2202 Procedure For Proposed Development, §2203 Development Plan Requirements, Article 23 Mobile Home Parks, §2301 Procedures For Proposed Development, §2302 Development Plan Requirements, Article 24 Transient Trailer Parks, §2402 Procedures For Proposed Development, §2403 Development Plan Requirements, Article 25 Wireless Telecommunications Facilities, §2502 Procedure For Proposed Development, 2503 Development Plan Requirements, §902 Special Use Permits, §719 Mixed Uses Within A Building, Article 17A Community Residents And Family Day Care Homes, §17A01 Requirements, and §17A02 Exemption. (Planning Board recommendation is on file)
12. Public Hearing Advertised.
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XV Land Use, Chapter 152, Entitled “Zoning Code”, § 400 Definitions. (Planning Board recommendation is on file)
13. Communication of Councilor Roberts, re: Update on draft ordinance for Green and Complete Streets.
14. Memorandum of Town Administrator, re: Recommendation to Award Contract for Harbor Management Plan.
15. Resolution of the Council, re: Award of contract to Crossman Engineering to assist in the preparation of a Harbor Management Plan and authorizing the Finance Director to execute said contract on behalf of the Town.
16. Memorandum of Finance Director, re: Financial Report - Six Months ending December 31, 2024.
17. Communication of Accounting Manager, re: FY2025 Quarterly Tax Collector’s Report as of 12/31/2024 – Town of Middletown
18. Communication of Joseph Chaves, Jr., re: Resignation as Trustee on the Alice P. Mayer Trust Committee.
19. Communication of Mason Hawes, re: Recommendation that the Middletown Town Council appoint Tom Welch as trustee to the Alice P. Mayer, Trust.
20. Email communication of Eric Kirton, re: Resignation from the Zoning Board of Review.
21. Email communication of Paul A. Croce, re: Resignation from the Roads & Utilities Advisory Committee.
22. (Continued from the January 27, 2025 Meeting of the Council)
Appointment of one (1) member to the Planning Board for terms expiring February 2028. (The Council may waive the requirement for reappointments to the interviewed; all new applicants shall be interviewed prior to appointment.)
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 January 29, 2025 at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.