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The Middletown Town Council will hold its regular meeting on Tuesday, January 3, 2023, at 6:00 P.M. The meeting will be conducted in person, by telephone conference call/webinar, and members of the public can 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: 880 0803 4844 or on the web at https://us02web.zoom.us/j/88008034844.

The meeting will be held at the Middletown Town Hall, located at 350 East Main Road in Middletown.

Full Agenda

POSTED DECEMBER 28, 2022

REGULAR MEETING JANUARY 3, 2023

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, January 3, 2023 at 6:00 P.M. Executive Session and 6:30 P.M. Regular Meeting atthe 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: 880 0803 4844  or on the web at  https://us02web.zoom.us/j/88008034844

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If you chose 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.

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)

EXECUTIVE SESSION

1.    Executive Session – Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) Land Acquisition (West Main Road), (5) Land Acquisition (16,000 SF adjacent to 499 E. Main Road & Aquidneck Ave.), (5) Land Acquisition, (2) Litigation (Narragansett Electric Company v. George Durgin (C.A. NO.: NC-2021-0230),  (2) Potential Litigation (PUC Docket No. 22-42-NG – In re: Issuance of Advisory Opinion to Energy Facility Siting Board (EFSB) Application to Construct LNG Vaporization Facility on Old Mill Lane, Portsmouth, RI), (2) Potential Litigation (Various off shore wind projects), (2) Collective Bargaining (FOP) and (2) Collective Bargaining (Teamsters)  – review, discussion and/or potential action and/or vote in executive session and/or open session.

PRESENTATION

2.    Memorandum of Patrick Tierney, PE, Project Manager, Fuss & O’Neill, re:  Intersection Improvement Study, Green End Avenue at Berkeley Avenue and Paradise Avenue, Fuss & O’Neill Reference No. 20151157.C11.

3.    Memorandum of Julian Peckham, III, Roads & Utilities Committee Chairman, re:  Intersection Improvement Study, Green End Avenue, Berkeley Avenue and Paradise Avenue.

PUBLIC FORUM

4.    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.

TOWN BUSINESS UPDATE

5.    Town Administration will provide an update on Town Projects.

CONSENT

6.    Approval of Minutes,  re: Regular Meeting, November 7, 2022.

7.    Approval of Minutes, re: Special Meeting, November 21, 2022.

8.    Approval of Minutes, re:  Special Meeting, November 28, 2022.

9.    Approval of Minutes, re:  Regular Meeting, December 5, 2022.

10.  Communication of Ronald N. Gagnon, P.E., Administrator, Office of Customer & Technical Assistance, RI DEM, re:  240 Aquidneck Avenue, Middletown (Plat 115, Lot 54).

11.  Discussion of Purgatory Sidewalks (Administration requests this item be continued to the next Regular Meeting – January 17, 2023).

12.  Transfer of Burial Lots, re:  Jane Kelly, Executrix of the Estate of Vernon A. Harvey – Section 12, Lots 19 & 20 (Graves #3 & #4 in each lot).

13.  License of Burial Lots, re:  Tami Zeigler & Alphonzo Zeigler – Section 54, Lots 36 & 37.

LICENSES

14.  Application of Flatwaves, LLC dba The Food Shack, 1130 Aquidneck Avenue, for a Victualling House License for the 2022-2023 licensing year. (NEW)

15.  Application of Principal Nutrition, LLC dba Slim Possible, 690 Aquidneck Avenue, for a Victualling House License for the 2022-2023 licensing year. (NEW)

16.  Application of Diane Vertentes dba Totally Prepared, 796 Aquidneck Avenue, for a Victualling House License for the 2022-2023 licensing year. (NEW)

OTHER COMMUNICATIONS

17.  Memorandum of Superintendent of Schools, re:  Town $200,000 Update.

18.  Communication of John Bagwill, re:  Assess and Address the Growth of Short-Term Rentals.

ORDINANCE

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

An ordinance in amendment to the Town Code of the Town of   Middletown, Title        III, Administration, Chapter 34 Taxes, Section 34.02, Exemption on Residential Property.

TOWN ADMINISTRATOR

20.  Agreement with the City of Newport, re: Revised Addenda Listing for Tax Treaty.

21.  Memorandum of Chief of Police, re:  Police Department Cruiser Procurement Request.

22.  Resolution of the Council, re:  Police Department – Purchase of two police cruisers and equipment, funded by the Rescue Wagon Special Revenue Fund and the Finance Director is authorized to execute the purchase.

23.  Memorandum of Finance Director, thru Town Administrator, dated December 8, 2022, re:  DPW Department Surplus Vehicles – Dump Truck and Dodge Charger.

24.  Resolution of the Council, re:  DPW Department Surplus Vehicles – Dump Truck and Dodge Charger.

25.  Memorandum of Finance Director, thru Town Administrator, dated December 19, 2022, re:  DPW Department Surplus Vehicles – Truck cap, Front loader lifting forks, Utility crane, Generator and Grader blade and York rake.

26.  Resolution of the Council, re:  DPW Department Surplus Vehicles –  Truck cap, Front loader lifting forks, Utility crane, Generator and Grader blade and York rake.

27.  Communication of Tax Assessor dated December 12, 2022, re:  Cancellation of Taxes for certain Middletown residents.

28.  Resolution  of the Council, re: Cancellation of Taxes for certain Middletown residents.

BOARDS AND COMMITTEES

29.  Memorandum of Town Clerk, re:  Appointment of Tree Warden – 2023.

30.  Email communication of Emily Tessier, re:  Resignation from the Aquidneck Island Planning Commission (AIPC).

31.  Adoption of the Rules of the Council. 

32.  Council Representation on various Boards and Committees.

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 December 28, 2022, at Middletown Town Hall, Middletown Public Library Middletown Web Site and Secretary of State Web Site.


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