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ALL SUPPORTING DOCUMENTATION TO AGENDA ITEMS ARE ON CLERKBASE THROUGH THE TOWN OF MIDDLETOWN WEBSITE https://clerkshq.com/Middletown-ri

POSTED – JULY 1, 2020

REGULAR MEETING JULY 6, 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, July 6, 2020 Budget Review at 5:00 P.M.; Regular Meeting at 7:00 P.M  – Said meeting will be conducted by telephone conference call/ webinar, in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended on June 12, 2020, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) 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 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 845 0822 9174; or on the web at. https://us02web.zoom.us/j/84508229174

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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, 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, 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 three (3) minutes.  Citizens that wish to speak must submit a written request either dropped off at Town Hall or emailed to wmarshall@middletownri.com or kclancey@middletownri.com .  Request must include your information, item number you wish to address and how you will be identified/named on zoom. The request must be filed at least 30 minutes prior to the meeting (4:30 p.m.). If a request is not filed, you will not be able to address the matter.

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)

THERE WILL BE NO PUBLIC INPUT DURING THE BUDGET PORTION OF THE MEETING.  THE PUBLIC WILL HAVE INPUT ON MONDAY, JULY 20, 2020 AT 6:00 PM – FIRST PUBLIC HEARING ON THE BUDGET AND ON MONDAY, JULY 27, 2020 AT 6:00 PM – SECOND PUBLIC HEARING AND ADOPTION OF THE TOWN BUDGET.

BUDGET – 5:00 P.M.

1.    Review of Town of Middletown Proposed Budgets and Capital Improvement Plan – General Fund, Parks & Recreation Fund, Sewer Fund and Refuse & Recycling Fund for Fiscal Year 2020–2021 and matters related thereto.

2.    (Continued from the June 22, 2020, Regular Meeting)

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

REGULAR MEETING – 7:00 P.M.

BOARD OF LICENSE COMMISSION

3.    (Public Hearing Advertised; Abutters Notified)

   Application of Mission, LLC dba Mission, 58 Aquidneck Avenue, holder of a BVL              Alcoholic Beverage License, for Expansion of Service.

4.    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. (Requires Advertising for Public Hearing and notice to abutters; NEW)

TOWN BUSINESS UPDATE

5.    Memorandum of Town Administrator, with enclosures, re:  Project Update.

CONSENT

6.    Approval of Minutes, re: Regular Meeting, June 15, 2020.

7.    Approval of Minutes, re: Special Meeting, June 22, 2020.

8.    Resolution of the Council, re:  Authorizing Submission of the proposed Open Space Bond question to the Secretary of State for inclusion on the November 3, 2020 General Election Ballot.

9.    At the request of Council President Sylvia, Resolution of the Council, re:  In support of H7896 and S2598 – An Act Relating to Elections – Mail Ballots.

10.  Memorandum of Town Solicitor Peter B. Regan, re:  Scenic Third Beach Utility Burial Project.

11.  Application of National Grid-Verizon and New England, Inc., re:  To relocate P99 Green End Avenue, 14’ West of existing pole.  To eliminate an aerial easement at 39 Continental Drive. (Requires review and recommendation from the Roads and Utilities Advisory Committee)

12.  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 Land, Article 5 – Required Minimum Standards of Design, and Article 7 – Improvement and Maintenance Guarantees – to promote installation and maintenance of required landscaping. (This item was received and discussed at the June 15, 2020 Regular Meeting of the Council; requires Council Approval)

13.  Memorandum of Paul A. Croce, Planning Board Chair, re: Proposed Atlantic Beach District overlay zoning. (Requires Advertising for public hearing and notification to abutters)

14.  Complaint filed against the Town by Attorney Sean M. McAteer on behalf of Alicia Gonsalves. (To be forwarded to the Trust)

15.  Resolution of the Town of Portsmouth, re:  Expressing Support for Funding of The Categorical Fund for High Cost Special Education.

16.  Resolution of the Town of Portsmouth, re:  Expressing Support for The Inclusion of Transportation Under ESSA in the Categorical Fund for Non-Public Transportation.

17.  Resolution of the Town of Portsmouth, re:  Urging the Continued Appropriation of State & Local Revenues to Support Public Education.

18.  Resolution of the Town of Portsmouth, re:  Condemning Racist Attacks and Urging Efforts to Recognize and Stop Racism.

19.  Resolution of the Town of Warren, re:  The Town of Warren, through its Town Council, commits to being anti-racist, and offering its support to those who would expose bias and injustice with a goal of a better tomorrow; including but not limited to the Black Lives Matter movement and the Say Her Name movement.

20.  Resolution of the Town of Burrillville, re:  Defending the Rights of Burrillville Citizens Guaranteed Under the First Amendment to the United States Constitution and Declaring Burrillville a “First Amendment Sanctuary Town”.

21.  Applications of the following named persons, firms and corporations for RENEWAL of Mechanical Amusement Device Licenses for the 2020-2021 licensing year. (See Attached List)

22.  Application of Stephen Charles Schwarz, Middletown, for RENEWAL of a Private Detective License for the 2020-2021 licensing year.

23.  Application of Island Management, Inc. dba Flo’s Clam Shack, 4 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2020-2021 licensing year.

LICENSE

24.  Application of Pub at Two Mile Corner, Inc. dba The Pub at Two Mile Corner, 10 Maple Avenue, for Amusement Outside – During Outdoor Dining (See Email Communication) – Acoustic Music – Friday/Saturday 5-8 pm and Sunday 1-4 pm and 4-7 pm.

ORDINANCES

25.  An Ordinance of the Town of Middletown (Second 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)

26.  An Ordinance of the Town of Middletown (Second Reading)

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

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

An Ordinance in Amendment to the Town Code Title III Administration, Chapter 36 Fee Schedule, Section F Police Department, Sub-Section 7 Firearm Purchase Application Fee. (See Attached Ordinance)

TOWN COUNCIL

28.  Memorandum of Councillor Flynn, with enclosures, re:  Beach Update.

TOWN ADMINISTRATOR

29.  Executive Order 2020-11 Extension of State of Emergency in Middletown through and including July 31, 2020.

30.  Memorandum of Town Administrator, with enclosure, re:  Beach Concession – Pavilion Food Concession.

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 July 1, 2020 at Middletown Town Hall, Middletown Library, Middletown Web Site and Secretary of State Web Site.

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