Middletown First - TC Agenda for March 17, 2003

Posted - March 13, 2003

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, March 17, 2003 at 7:00 P.M. at the Middletown Town Hall.

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.

1. Approval of minutes - Regular Meeting, February 3, 2003

2. Monthly Financial Report - FY 2002-2003 through February 28, 2003.

3. Memorandum of Finance Director, with enclosures, re: February/March 2003 Bond Projects Report.

4. Memorandum of Finance Director, with enclosures, re: February 2003 Construction Bond Report.

5. Memorandum of Finance Director, with enclosures, re: February/March 2003 Library Additions and Alterations Report.

6. Memorandum of Finance Director, with enclosures, re: February 2003 Tax Collector's Report.

7. Memorandum of Finance Director, with enclosure, re: February 2003 Municipal Court Income Statement.

8. Memorandum of Deputy Finance Director, with enclosures, re: Police/Fire overtime report.

9. Notices (2) of Public Hearing received from Zoning Board of Review, re: Petitions for variances to construct additions at real estate located at 1) 174 Renfrew Ave., Lot 33, TAP 115SE and 2) 36 Berkeley Court, Lot 16A, TAP 120.

10. Communication of Martin D. Wencek, Permitting Supervisor, Wet Program, Office of Water Resources, RI Dept. of Environmental Management, re: Freshwater wetlands preliminary determination for property identified as Lot 200, TAP 113, Aquidneck Avenue.

11. Memorandum of Town Clerk, Town of East Greenwich, with enclosure, re: East Greenwich resolution supporting the establishment of a firearms training facility for all state and local agencies.

12. Communication of Robert M. Silva, Esquire, Middletown, with enclosure, re: Aquidneck Corporate Park.

13. Applications received from the following named persons, firms or corporations for RENEWAL of Drain Layers Licenses for the 2003-2004 licensing year:

CPM Enterprises, Inc., Middletown

Drainman, Inc., North Kingstown

14. Applications received from the following named persons, firms or corporations for RENEWAL of Sunday Selling Licenses for the 2003-2004 licensing year. (SEE ATTACHED LIST)

15. Applications received from the following named persons, firms or corporations for RENEWAL of Amusement Licenses for the 2003-2004 licensing year. (SEE ATTACHED LIST)

16. Communication of James R. Capaldi, P.E. Director, RI Dept. of Transportation, re: Proposed resurfacing of Hanging Rock Road.

1. Resolution of the Council, re: Commendation for Robert Corey, 32 years of service on Zoning Board of Review.

2. Application of Aquidneck Island National Police Parade Committee for Hawker/Peddler License to sell tee shirts along parade route on May 4, 2003. (Request for wavier of fee attached)

3. Application of EA & EM, LLC, dba Aquidneck Pizza Restaurant, 27 Aquidneck Avenue, for Victualling House License - Additional Hours of Operation, for 2002-2003 licensing year. (NEW) (Requires advertising for Public Hearing)

4. Application of Off-Track Bedding, Ltd., Providence, for Sunday Selling License for the 2003-2004 licensing year. (NEW)

5. Application of Anthos, Inc., dba KABLOOM, 132 East Main Road, for Sunday Selling License for the 2003-2004 licensing year. (NEW)

6. Application of Newport Checkers Pizza, Inc., dba Scooby's Neighborhood Grill, 10 Maple Avenue for RENEWAL and expansion of Amusement license for the 2003-2004 licensing year.

7. Communication of Councillor M. Theresa Santos, re: Request tax-exempt status for Healing Co-Op, Mitchell's Lane, Lot 13, TAP 123.

8. Request of Council President William J. Flynn, re: Request to consider tax exempt status of Newport County YMCA.

9. Resolution of the Council, re: Support for legislation ensuring the tax exempt status of Newport County YMCA.

10. Memorandum of Town Planner, with enclosure, re: Impact fee feasibility analysis.

11. Memorandum of Town Planner, with enclosure, re: Comprehensive Plan - Airport Overlay District.

12. Communication of Town Solicitor, with enclosure, re: Comprehensive Community Plan/Lot 55, TAP 106, Vanicek property.

13. Public Hearing (Advertised)

Middletown Comprehensive Community Plan - 2003 Revision.

14. Communication of Donald M. Page, CEO, Newport National Golf Club, LLC, with enclosures, re: Proposal to replace Middletown soccer fields.

15. Memorandum of Councillor Karen Roarke, re: Crosswalks on West Main Road.

16. Resolution of the Council, re: Endorsing proposed traffic control measures on Route 114, West Main Road - crosswalks, signage.

17. Communication of Bruce J. Long, Representative District 74, with enclosure, re: Bus stop and shelter on West Main Road.

18. Communication of Councillor Paul M. Rodrigues, re: Request for update on arrival of school zone safety signs.

19. Continued from meeting of March 3, 2003

Memorandum of Councillor M. Theresa Santos, re: Senior Citizens' tax reductions.

20. Memorandum of Councillor Suzi C. Nance, with enclosure, re: Request of Cape Codders to rent Second Beach for its 15th annual rally on Memorial Day weekend.

21. Memorandum of Councillor Suzi C. Nance, re: Request of Boy Scout Troop #7 to build sign kiosks at Second Beach.

22. Memorandum of Councillor Suzi C. Nance, re: Beach Commission recommendation to retain current beach pass fee schedule.

23. Memorandum of Councillor Suzi C. Nance, re: Fayal Portugal as Middletown sister city.

24. Communication of Pete Babcock and other Paradise Avenue residents, re: Maintenance issues relative to Maidford River.

25. Memorandum of Councillor Paul M. Rodrigues, re: Water problems in Wintergreen Drive area.

26. Memorandum of Finance Director, with enclosures, re: Cancellation of taxes for certain Middletown taxpayers.

27. Resolution of the Council, re: Authorizing cancellation of taxes for certain Middletown taxpayers.

28. Resolution of the Council, re: Approving General Fund budget transfers for FY 2003.

29. Resolution of the Council, re: Approving Sewer Fund budget transfers for FY 2003.

30. Memorandum of Finance Director, with enclosures, re: Summary of bids for Police Station air conditioning.

31. Resolution of the Council, re: Award of contract for Police Station air conditioning.

32. Memorandum of Finance Director, with enclosures, re: Summary of bids for Jet/Vacuum truck - Public Works.

33. Resolution of the Council, re: Award of contract for Jet/Vacuum truck - Public Works.

34. Memorandum of Finance Director, with enclosures, re: Summary of bids for wood chipper - Public Works.

35. Resolution of the Council, re: Award of contract for wood chipper - Public Works.

36. Memorandum of Finance Director, with enclosures, re: Summary of bids for line striper - Public Works.

37. Resolution of the Council, re: Award of contract for line striper - Public Works.

38. Petition of Eileen G. Nimmo, by her attorneys Silva Law Group, Ltd., with enclosures, re: Proposed rezoning of Lot 23, TAP 108SW from its current classification, High Density Traffic Sensitive Residential (R-10A), to a Traffic Sensitive General Business (GBA) classification. (Requires Advertising for public hearing, notice to abutters and Planning Board recommendation)

39. Ordinance of the Town of Middletown (Second Reading)

An ordinance in amendment to the Town Code of the Town of Middletown, Title IX, General Regulations, Chapter 92, Accumulation Of Waste On Property, Section 92.08 Temporary Bulk Storage of Household Waste.

40. Communication of Paul W. Fogarty, Senator, District 23, with enclosure, re: Request for support for Senate Bill 2003 S-0256, requesting a minimum five percent increase in state aid to education.

41. Resolution of the Council., re: Endorsing passage of Senate bill 2003 S-0256, An Act Relating to Education, The Rhode Island student investment initiative.

42. Communication of Richard N. Bohan, 632 Tuckerman Avenue, re: Creation of "Village-Town Center" in lower Aquidneck Avenue area.

43. Communication of Ronald Santa, 277 Turner Road, re: Requirements for Council abstentions.

44. Communication of Ronald Santa, 277 Turner Road, re: Compaction testing performed on Turner Road by Northeast Engineers and Consultants, Inc.

45. Communication of Manuel J. Mello, Jr., Middletown, re: Request to address the Council concerning sewer easement at Chase Estates.

46. Appointment of one (1) member to Middletown Board of Canvassers for a term expiring in March 2009.l (Bi-partisan Board)

47. Communication of Bruce J. Long, Representative, District 74, re: Plan to expand Aquidneck Island Planning Commission.

Pursuant to Rule 23 of the Rules of the Council, Citizens may address the Town Council 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.

Pursuant to the provisions of Section 42-46-2., 42-46-4. and 42-46-5. (a) (1), RIGL, the Council will meet in executive session to consider, discuss and act upon matters related to personnel.

This meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearing impaired should notify the Town Clerk's Office not less than 48 hours before the meeting.

items of interest to Middletown First


	Posted - March 13, 2003 REGULAR MEETING MARCH 17, 2003 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, March 17, 2003 at 7:00 P.M. at the Middletown Town Hall. 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. CONSENT CALENDAR 1. Approval of minutes - Regular Meeting, February 3, 2003 2. Monthly Financial Report - FY 2002-2003 through February 28, 2003. 3. Memorandum of Finance Director, with enclosures, re: February/March 2003 Bond Projects Report. 4. Memorandum of Finance Director, with enclosures, re: February 2003 Construction Bond Report. 5. Memorandum of Finance Director, with enclosures, re: February/March 2003 Library Additions and Alterations Report. 6. Memorandum of Finance Director, with enclosures, re: February 2003 Tax Collector's Report. 7. Memorandum of Finance Director, with enclosure, re: February 2003 Municipal Court Income Statement. 8. Memorandum of Deputy Finance Director, with enclosures, re: Police/Fire overtime report. 9. Notices (2) of Public Hearing received from Zoning Board of Review, re: Petitions for variances to construct additions at real estate located at 1) 174 Renfrew Ave., Lot 33, TAP 115SE and 2) 36 Berkeley Court, Lot 16A, TAP 120. 10. Communication of Martin D. Wencek, Permitting Supervisor, Wet Program, Office of Water Resources, RI Dept. of Environmental Management, re: Freshwater wetlands preliminary determination for property identified as Lot 200, TAP 113, Aquidneck Avenue. 11. Memorandum of Town Clerk, Town of East Greenwich, with enclosure, re: East Greenwich resolution supporting the establishment of a firearms training facility for all state and local agencies. 12. Communication of Robert M. Silva, Esquire, Middletown, with enclosure, re: Aquidneck Corporate Park. 13. Applications received from the following named persons, firms or corporations for RENEWAL of Drain Layers Licenses for the 2003-2004 licensing year: CPM Enterprises, Inc., Middletown Drainman, Inc., North Kingstown 14. Applications received from the following named persons, firms or corporations for RENEWAL of Sunday Selling Licenses for the 2003-2004 licensing year. (SEE ATTACHED LIST) 15. Applications received from the following named persons, firms or corporations for RENEWAL of Amusement Licenses for the 2003-2004 licensing year. (SEE ATTACHED LIST) 16. Communication of James R. Capaldi, P.E. Director, RI Dept. of Transportation, re: Proposed resurfacing of Hanging Rock Road. TOWN COUNCIL 1. Resolution of the Council, re: Commendation for Robert Corey, 32 years of service on Zoning Board of Review. 2. Application of Aquidneck Island National Police Parade Committee for Hawker/Peddler License to sell tee shirts along parade route on May 4, 2003. (Request for wavier of fee attached) 3. Application of EA & EM, LLC, dba Aquidneck Pizza Restaurant, 27 Aquidneck Avenue, for Victualling House License - Additional Hours of Operation, for 2002-2003 licensing year. (NEW) (Requires advertising for Public Hearing) 4. Application of Off-Track Bedding, Ltd., Providence, for Sunday Selling License for the 2003-2004 licensing year. (NEW) 5. Application of Anthos, Inc., dba KABLOOM, 132 East Main Road, for Sunday Selling License for the 2003-2004 licensing year. (NEW) 6. Application of Newport Checkers Pizza, Inc., dba Scooby's Neighborhood Grill, 10 Maple Avenue for RENEWAL and expansion of Amusement license for the 2003-2004 licensing year. 7. Communication of Councillor M. Theresa Santos, re: Request tax-exempt status for Healing Co-Op, Mitchell's Lane, Lot 13, TAP 123. 8. Request of Council President William J. Flynn, re: Request to consider tax exempt status of Newport County YMCA. 9. Resolution of the Council, re: Support for legislation ensuring the tax exempt status of Newport County YMCA. 10. Memorandum of Town Planner, with enclosure, re: Impact fee feasibility analysis. 11. Memorandum of Town Planner, with enclosure, re: Comprehensive Plan - Airport Overlay District. 12. Communication of Town Solicitor, with enclosure, re: Comprehensive Community Plan/Lot 55, TAP 106, Vanicek property. 13. Public Hearing (Advertised) Middletown Comprehensive Community Plan - 2003 Revision. 14. Communication of Donald M. Page, CEO, Newport National Golf Club, LLC, with enclosures, re: Proposal to replace Middletown soccer fields. 15. Memorandum of Councillor Karen Roarke, re: Crosswalks on West Main Road. 16. Resolution of the Council, re: Endorsing proposed traffic control measures on Route 114, West Main Road - crosswalks, signage. 17. Communication of Bruce J. Long, Representative District 74, with enclosure, re: Bus stop and shelter on West Main Road. 18. Communication of Councillor Paul M. Rodrigues, re: Request for update on arrival of school zone safety signs. 19. Continued from meeting of March 3, 2003 Memorandum of Councillor M. Theresa Santos, re: Senior Citizens' tax reductions. 20. Memorandum of Councillor Suzi C. Nance, with enclosure, re: Request of Cape Codders to rent Second Beach for its 15th annual rally on Memorial Day weekend. 21. Memorandum of Councillor Suzi C. Nance, re: Request of Boy Scout Troop #7 to build sign kiosks at Second Beach. 22. Memorandum of Councillor Suzi C. Nance, re: Beach Commission recommendation to retain current beach pass fee schedule. 23. Memorandum of Councillor Suzi C. Nance, re: Fayal Portugal as Middletown sister city. 24. Communication of Pete Babcock and other Paradise Avenue residents, re: Maintenance issues relative to Maidford River. 25. Memorandum of Councillor Paul M. Rodrigues, re: Water problems in Wintergreen Drive area. 26. Memorandum of Finance Director, with enclosures, re: Cancellation of taxes for certain Middletown taxpayers. 27. Resolution of the Council, re: Authorizing cancellation of taxes for certain Middletown taxpayers. 28. Resolution of the Council, re: Approving General Fund budget transfers for FY 2003. 29. Resolution of the Council, re: Approving Sewer Fund budget transfers for FY 2003. 30. Memorandum of Finance Director, with enclosures, re: Summary of bids for Police Station air conditioning. 31. Resolution of the Council, re: Award of contract for Police Station air conditioning. 32. Memorandum of Finance Director, with enclosures, re: Summary of bids for Jet/Vacuum truck - Public Works. 33. Resolution of the Council, re: Award of contract for Jet/Vacuum truck - Public Works. 34. Memorandum of Finance Director, with enclosures, re: Summary of bids for wood chipper - Public Works. 35. Resolution of the Council, re: Award of contract for wood chipper - Public Works. 36. Memorandum of Finance Director, with enclosures, re: Summary of bids for line striper - Public Works. 37. Resolution of the Council, re: Award of contract for line striper - Public Works. 38. Petition of Eileen G. Nimmo, by her attorneys Silva Law Group, Ltd., with enclosures, re: Proposed rezoning of Lot 23, TAP 108SW from its current classification, High Density Traffic Sensitive Residential (R-10A), to a Traffic Sensitive General Business (GBA) classification. (Requires Advertising for public hearing, notice to abutters and Planning Board recommendation) 39. Ordinance of the Town of Middletown (Second Reading) An ordinance in amendment to the Town Code of the Town of Middletown, Title IX, General Regulations, Chapter 92, Accumulation Of Waste On Property, Section 92.08 Temporary Bulk Storage of Household Waste. 40. Communication of Paul W. Fogarty, Senator, District 23, with enclosure, re: Request for support for Senate Bill 2003 S-0256, requesting a minimum five percent increase in state aid to education. 41. Resolution of the Council., re: Endorsing passage of Senate bill 2003 S-0256, An Act Relating to Education, The Rhode Island student investment initiative. 42. Communication of Richard N. Bohan, 632 Tuckerman Avenue, re: Creation of "Village-Town Center" in lower Aquidneck Avenue area. 43. Communication of Ronald Santa, 277 Turner Road, re: Requirements for Council abstentions. 44. Communication of Ronald Santa, 277 Turner Road, re: Compaction testing performed on Turner Road by Northeast Engineers and Consultants, Inc. 45. Communication of Manuel J. Mello, Jr., Middletown, re: Request to address the Council concerning sewer easement at Chase Estates. 46. Appointment of one (1) member to Middletown Board of Canvassers for a term expiring in March 2009.l (Bi-partisan Board) 47. Communication of Bruce J. Long, Representative, District 74, re: Plan to expand Aquidneck Island Planning Commission. PUBLIC FORUM SESSION Pursuant to Rule 23 of the Rules of the Council, Citizens may address the Town Council 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. EXECUTIVE SESSION Pursuant to the provisions of Section 42-46-2., 42-46-4. and 42-46-5. (a) (1), RIGL, the Council will meet in executive session to consider, discuss and act upon matters related to personnel. Barbara L. Nash, 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 not less than 48 hours before the meeting. items of interest to Middletown First