The Middletown Town Council will meet at 7 pm on Monday, June 15th.

Here’s what’s on their agenda;

POSTED – JUNE 10, 2020

REGULAR MEETING JUNE 15, 2020

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, June 15, 2020 Presentations at 6:00 P.M.; Regular Meeting at 7:00 P.M  – Said meeting will be conducted by telephone conference call on., in accordance with Executive Order 20-25 issued by Governor Raimondo on April 15, 2020 Extending Order 20-05, issued by Governor Raimondo on March 16, 2020, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) through May 15, 2020 as part of the State’s emergency response to COVID-19. Members of the public may access and listen to the meeting in real-time by calling 877-853-5257 (Toll Free) or 888-475-4499 (Toll Free) and entering Meeting ID: 864 9565 5591;  or On the web at https://us02web.zoom.us/j/86495655591

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.

PLEDGE OF ALLEGIANCE TO THE FLAG

RECONSIDERATION

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)

PRESENTATIONS

1.      Memorandum of Town Administrator, with enclosure, re:  Senior Housing conceptual options- Berkeley-Peckham School.

2.      Memorandum of Town Administrator, with enclosures, re:  Department Consolidation Study.

BOARD OF LICENSE COMMISSION

3.      (Advertised for Public Hearing and Abutters Notified)

Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue, for a Class BV Liquor License to be used at the same premises.  Application includes request for outside service on lower patio area and upper deck.

4.      Application of Mission, LLC dba Mission, 58 Aquidneck Avenue, holder of a BL Alcoholic Beverage License, for Expansion of Service. (Requires Advertising for Public Hearing and Notification to Abutters)

CONSENT

5.      Approval of Minutes, re: Regular Meeting, May 18, 2020.

6.      Approval of Minutes, re: Special Meeting, May 26, 2020.

7.      Approval of Minutes, re:  Regular Meeting, June 1, 2020.

8.      Memorandum of Lois Ann Murray, Treasurer, Friends of the Library, with enclosure, re:  Friends of the Middletown Public Library, Inc. – Memorandum of Understanding (MOU) – Friends Book Store.

9.      Resolution of the City of Woonsocket, re:  Recognizing the Month of June As Woonsocket Pride Month, And Honoring Members of the Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual and Other (LGBTQIA+) Community.

10.   Communication of Katherine Carbone, Newport, with enclosure, re:  Opposition to Proposal for Hunting at Sachuest Point Wildlife Refuge.

11.   Communication of Leticia C. Pimentel, re:  Docket SB-00-01 LNG Annual Report.

12.   Application of Jaeda Chabot dba Enhanced Beauty Brows, 62 Wave Avenue, for RENEWAL of a Tattoo License for the 2020-2021 licensing year.

13.   Application of AV Tech, Inc dba Flint Audio & Video, 77 East Main Road, for RENEWAL of a Holiday License for the 2020-2021 licensing year.

14.   License of Burial, re:  Jean Wilson, Section 16, Graves 59 & 60.

15.   License of Burial, re:  Alexandra Georgiou, Section 56, Graves 4 & 5.

LICENSES

16.   Application of Keystone Novelties Distributor, LLC dba Keystone Fireworks, 750 Aquidneck Avenue, for of a Holiday License for the 2020-2021 licensing year. (NEW)

17.   Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue for a Victualling House License for the 2019-2020 licensing year. (NEW)

18.   Application of Rock Lobster 69, LLC dba Rock Lobster, 59 Aquidneck Avenue for a Amusement License for the 2020-2021 licensing year. (NEW)

19.   Application of JSC NewEngland Operating, LLC dba Burger King #1221, 596 West Main Road, for a Victualling House License for the 2019-2020 licensing year. (NEW)

20.   Application of Mission, LLC dba Mission, 58 Aquidneck Avenue, for Expansion of a Victualling House License for the 2019-2020 licensing year. (NEW)

21.   Application of Progasco Operating I, LLC dba Neon Marketplace, 532 East Main Road, for a Victualling House License for the 2019-2020 licensing year. (NEW)

22.   Application of Progasco Operating I, LLC dba Neon Marketplace, 532 East Main Road, for a Holiday Sales License for the 2020-2021 licensing year. (NEW)

23.   Application for Special Event Permit Elevate Fitness, Summer Beach Camp at the Third Beach Boat Ramp beginning in June 2020 through August 31, 2020, Tuesdays and Thursdays from 5:30 am to 7:30 am.

24.   Application for Special Event Permit Peabody’s Beach Enterprise/ Bradley Hierholzer, July 4th Celebration Fireworks, Peabody’s Beach, Saturday, July 4, 2020 from 6:00 pm to 11:00 pm.

PUBLIC HEARING

25.   Continued from March 16, 2020, Regular Meeting and April 20, 2020, Regular Meeting.

Public Hearing (Advertised; Abutters Notified)

Public Hearing Remains Open.

An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Revision to the Comprehensive Community Plan.

Proposed Amendments to the Town’s Comprehensive Community Plan, future land use plan, map L-4, of the Land Use element of the Middletown Comprehensive Community Plan is amended to bring consistency between the Future Land Use Plan and the Town’s Zoning Map for selected parcels fronting on Aquidneck Ave., Brookdale Rd., Barton Ln., Coddington Hwy., East Main Rd., Green End Ave., Greene Ln., Honeyman Ave., Johnnycake Hill Rd., Maple Ave., Meadow Ln., Old Airport Rd., Rockwood Rd., Sherman Ln., Smythe St., Tuckerman Ave., Underwood Ln., Valley Rd., Vierra Ter., West Main Rd., and Wyatt Rd. Subject parcels are identified on the attached map.

26.    Public Hearing (Advertised) (Second Reading)

      Town of Middletown application for PY2019 Application – Project Priorities-Small Cities Community Development Block Grant (CDBG) for certain projects Statewide in the amount of $5 million dollars available to undertake a range of activities:

a)    Improved housing opportunities for low and moderate-income families and individuals.

b)    Provision of employment opportunities for low and moderate-income individuals.

c)    Provision of community facilities and services principally benefiting low and moderate-income families and individuals.

27.   Resolution of the Council, re:  PY2019 Application – Small Cities Community Development Block Grant (CDBG) – Approving the prioritized list of projects for submission with the Town’s PY2019 CDBG application.

ORDINANCES

28.   (Continued from the May 26, 2020, Special Meeting)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title III Administration, Chapter 34, Taxes, Section 34.10 Homestead Exemption. (New Section; See Attached Ordinance)

29.   Memorandum of Town Solicitor, re:  Revised Mobile Food Establishment Ordinance.

30.   An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title XI Business Regulations, Chapter 113 Food Service. (See Attached Ordinance)

OTHER COMMUNICATIONS

31.   (Continued from March 16, 2020, Regular Meeting)

Communication of Paul A. Croce, Chairman, Middletown Planning Board, with enclosures, re:  Proposed creation of incentive program to promote preservation of historic buildings and resources.

32.   Communication of Paul A. Croce, Chairman, Middletown Planning Board, with enclosures, re:  Proposed amendments to the Rules and Regulations Regarding the Subdivision and Development of Lane, Article 5 – Required Minimum Standards of Design, and Article 7 – Improvement and Maintenance Guarantees – to promote installation and maintenance of required landscaping.

33.   (Continued from March 16, 2020, Regular Meeting; continued March 2, 2020, Regular Meeting for additional information)

Memorandum of Councillor Flynn and Resident, Lawrence Frank, re:  Safety Staffing   Room Tax.

34.   Memorandum of Citizens Exploring School Unification (CESU), with enclosures, re:  Petition and Ordinance filed under Section 402 of the Middletown Town Charter. (Signatures from 10% of the Electors from the 2018 regular town election have been verified by the Office of the Town Clerk)

TOWN COUNCIL

35.   Memorandum of Council President Sylvia, re:  Appointment of two (2) Councillors to Negotiate FOP Contract.

36.   (Continued from March 16, 2020, Regular Meeting)

Communication of Councillor Lombardi, re:  Executive Session Materials and Notes.

37.   Continued from March 16, 2020, Regular Meeting)

Memorandum of Councillor Lombardi, re: Regarding Short Term Rental Platform tax.

38.   (Continued from March 16, 2020, Regular Meeting)

Resolution of the Council, re:  Regarding Short Term Rental Platform Tax.

39.   Communication of Councillor Lombardi, with enclosure, re:  Rules of the Council #10.

40.   Communication of Councillor Turano, re: To discuss forming a “Community Outreach Program” designed after the program that the Lt. Governor rollout in Cumberland.

41.   Communication of Councillor Turano, re: To discuss increasing the town exemptions for Senior, Veteran & Physically Handicapped. 

42.   Communication of Councillor Turano, re: To make a motion to restructure the format of the Town Project Update Section of the regular docket.

43.   Memorandum of Councillor Flynn, with enclosures, re:  Parking.

TOWN ADMINISTRATOR

44.   Memorandum of Tax Assessor and Finance Director, with enclosures, re:  Collector Abatements. – Cancellation of Taxes for certain Middletown residents.

45.   Resolution of the Council, re:  Collector Abatements – Cancellation of Taxes for certain Middletown residents

46.   Memorandum of Tax Assessor, with enclosures, re: Cancellation of Taxes for certain Middletown residents.

47.   Resolution of the Council, re: Collector Abatements- Cancellation of Taxes for certain Middletown residents.

48.   Memorandum of Finance Director, thru Town Administrator, with enclosures, re: FY2021-FY2022 Regional Animal Shelter Agreement- Robert Potter League for Animals, Inc.

49.   Resolution of the Council, re: FY2021-FY2022 Regional Animal Shelter Agreement- Robert Potter League for Animals, Inc.

50.   Memorandum of Town Administrator, with enclosures, re:  PARE Road Safety Studies for Paradise Ave., Turner Road & Green End Avenue.

51.   Memorandum of Finance Director, thru Town Administrator, with enclosure, re:  JFK Lease:  East Bay Community Action Program Lease.

52.   Memorandum of Town Administrator, re:  Beach Food Concession Contract. (Documentation to follow)

BOARDS AND COMMITTEES

53.   Appointment of one (1) member to the Board of Canvassers, Bi-partisan Board, Democrat or Republican Representative, term expiring March 2025.

54.   Appointment of one (1) member to the Library Board of Trustees, to complete a term expiring September 2020.

55.   Appointments to the Zoning Board of Review, one (1) regular member, term expiring April 2025, one (1) First Alternate, term expiring April 2021, one (1) Second Alternate, term expiring April 2021 and one (1) Third Alternate, term expiring April 2021.

Wendy J.W. Marshall, CMC

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 June 10, 2020 at Middletown Town Hall, Middletown Fire Department, Middletown Web Site and Secretary of State Web Site. 

ADDENDUM TO TOWN COUNCIL AGENDA

POSTED – JUNE 11, 2020

REGULAR MEETING – JUNE 15, 2020

TOWN ADMINISTRATOR

52A. Executive Order 2020-10 Extension of State of Emergency in Middletown through and including July 14, 2020.

                                                                      Wendy J.W. Marshall, CMC

                                                                        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.

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