Middletown First-Town Council, June 16, 2003

Posted - June 13, 2003

REGULAR MEETING JUNE 16, 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, June 16, 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.

ACTING AS A BOARD OF LICENSE COMMISSION

1. Public Hearing (Advertised; Abutters notified)

Application of Teli, Inc., dba Telly’s Cafe, 147 Aquidneck Avenue, for Retailer’s Class BL Alcoholic Beverage License for use at the same premises. (New)

CONSENT CALENDAR

1. Approval of Minutes - Special Meeting, April 14, 2003

2. Approval of Minutes - Special Meeting, April 19, 2003

3. Approval of Minutes - Special Meeting, April 21, 2003

4. Approval of Minutes - Regular Meeting, April 21, 2003

5. Approval of Minutes - Special Meeting, April 22, 2003

6. Approval of Minutes - Special Meeting, April 23, 2003

7. Approval of Minutes - Special Meeting, April 25, 2003

8. Monthly Financial Report - FY 2002-2003 through May 31, 2003.

9. Memorandum of Finance Director, with enclosures, re: May/June 2003 Bond Projects Report.

10. Memorandum of Finance Director, with enclosures, re: May 2003 Construction Bond Report.

11. Memorandum of Finance Director, with enclosures, re: May 31, 2003 Tax Collector’s Report.

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

13. Memorandum of Finance Director, with enclosures, re: May/June 2003 Library Additions and Alterations Report.

14. Notices (2) of Public Hearing received from Zoning Board of Review, re:

1) Petition for extension of variance to construct single family dwelling on real estate located at 12 Columbia Road, Lot 332, TAP 113, and

2) Petition appealing decision of Building/Zoning Official regarding signage at real estate located at 665 West Main Road, Lot 20, TAP 107SE.

15. City of Providence resolution, with enclosures, re: Supporting Senate Resolution 2003-S-180 and House Resolution 2003-H-5081 relative to separation of powers.

16. Application of Rui Almeida, dba Doughboy’s Kitchen, Fall River, MA, for RENEWAL of Industrial Caterer’s License (Mobile Food Service Unit) for the 2003-2004 licensing year.

17. Application of Capt. Kenneth L. Gilbert Post Home Assn./ VFW, 52 Underwood Lane, for RENEWAL of Bingo License for 2003-2004 licensing year.

18. Applications of the following named persons, firms or corporations for RENEWAL of Mechanical Amusment Device Licenses for the 2003-2004 licensing year. (See Attached List)

TOWN COUNCIL

1. Communication of Kraig Ruth, 22 Spinnaker Court, re: Opposing Sunday Selling License for J.A.M. Construction, Co., Inc. for premises located at 990 Aquidneck Avenue.

2. Continued from Meeting of June 2, 2003

Application of J.A.M. Construction Co., Inc., 990 Aquidneck Avenue, for Sunday Selling License for the 2003-2004 licensing year. (NEW)

3. Application of Teli, Inc., dba Telly’s Cafe, 147 Aquidneck Avenue, for Victualling House License for the 2002-2003 licensing year. (NEW)

4. Memorandum of Hedy M.S. Bennett, Chair, Middletown Planning Board, re: Recommendation concerning the proposed rezoning of Lot 23, TAP 108SW from High Density Traffic Sensitive Residential (R-10A) to Traffic Sensitive General Business (GBA).NO! (One Mile Corner)

5. Continued from Meeting of May 19, 2003

Public Hearing (Advertised; Abutters Notified)

An Ordinance of the Town of Middletown (First Reading)

An ordinance in amendment to the Town Code of the Town of Middletown, Chapter 152, The Zoning Code, proposing to change the zoning classification of Lot 23, TAP 108SW from its current classification, Traffic Sensitive High Density Residential (R-10A), to a classification of Traffic Sensitive General Business (GBA).NO!

6. Memorandum of Hedy M.S. Bennett, Chair, Middletown Planning Board, with enclosures, re: Request for approval of amendments to Subdivision Rules and Regulations, Article 7, Guarantees of Performance.

7. Memorandum of Hedy M.S. Bennett, Chair, Middletown Planning Board, with enclosures, re: Proposed Comprehensive Plan Amendments, West Main Road - Mixed Use District. (“Vanicek” property)

8. Memorandum of Town Solicitor, re: Revised Capital Improvement Plan ordinance amendment.

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

An ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 35, Capital Improvements.

10. Memorandum of Town Solicitor, with enclosures, re: Tax exemption adjustments necessitated by revaluation.

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

An ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 34, Taxes, Section 34.42, Revalution Adjustment.

12. Continued from Regular Meeting of June 2, 2003

Memorandum of Councillor Karen Roarke, re: Open Space Acquisition Fund Committee. YES!

13. Continued from Special Meeting of June 9, 2003

Memorandum of Finance Director, with enclosures, re:HVAC system for Police Station.

14. Request of Councillor Charles J. Vaillancourt, re: West Main Road/Coddington Highway intersection plan.

15. Resolution of the Council, re: Approving proposed sewer bond enabling legislation and seeking its passage by the RI General Assembly.

16. Memorandum of Finance Director, with enclosure, re: Clean Water Funding, West Main Road sanitary sewer replacement.

17. Resolution of the Council, re: Approving the use of Clean Water Funding for West Main Road sanitary sewer replacement.

18. Memorandum of Finance Director, with enclosure, re: Revised Premium Only Plan relative to health and dental insurance.

19. Resolution of the Council, re: Approving revised Premium Only Plan - Plan document relative to health and dental insurance.

20. Communication of Manuel Mello, Middletown, re: Home Depot sewer plans. Manny knows sewers!

21. Communication of John and Catherine Kelly, 705 Fairway Drive, with enclosure, re: Drainage problem at Westridge Condominium project.

22. Petition of certain residents of Columbia Road, Ellen Road and Ward Avenue, re: Extension of water line project to include all properties in area affected by ground water pollution.

23. Communication of Anthony J. Amado, 206 Corey Lane, Middletown, re: Personal water craft at Third Beach.

24. Communication of Joyce Williams and Josephine Brown, Newport County NAACP, re: Request for sponsorship of TEE at Sixth Annual Golf Tournament, June 21, 2003.

25. Communication of Lynn M. Sokel, Middletown, re: Proposed memorial of Jacquelyn Harris-Sirr.

26. Schedule of regular meetings in July and August, 2003.

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) (5), RIGL, the Council will meet in executive session to consider, discuss and act upon matters related to land acquisition (Kempenaar Valley).

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.


	Posted - June 13, 2003 REGULAR MEETING JUNE 16, 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, June 16, 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. ACTING AS A BOARD OF LICENSE COMMISSION 1. Public Hearing (Advertised; Abutters notified) Application of Teli, Inc., dba Telly’s Cafe, 147 Aquidneck Avenue, for Retailer’s Class BL Alcoholic Beverage License for use at the same premises. (New) CONSENT CALENDAR 1. Approval of Minutes - Special Meeting, April 14, 2003 2. Approval of Minutes - Special Meeting, April 19, 2003 3. Approval of Minutes - Special Meeting, April 21, 2003 4. Approval of Minutes - Regular Meeting, April 21, 2003 5. Approval of Minutes - Special Meeting, April 22, 2003 6. Approval of Minutes - Special Meeting, April 23, 2003 7. Approval of Minutes - Special Meeting, April 25, 2003 8. Monthly Financial Report - FY 2002-2003 through May 31, 2003. 9. Memorandum of Finance Director, with enclosures, re: May/June 2003 Bond Projects Report. 10. Memorandum of Finance Director, with enclosures, re: May 2003 Construction Bond Report. 11. Memorandum of Finance Director, with enclosures, re: May 31, 2003 Tax Collector’s Report. 12. Memorandum of Deputy Finance Director, with enclosures, re: Police/Fire overtime report. 13. Memorandum of Finance Director, with enclosures, re: May/June 2003 Library Additions and Alterations Report. 14. Notices (2) of Public Hearing received from Zoning Board of Review, re: 1) Petition for extension of variance to construct single family dwelling on real estate located at 12 Columbia Road, Lot 332, TAP 113, and 2) Petition appealing decision of Building/Zoning Official regarding signage at real estate located at 665 West Main Road, Lot 20, TAP 107SE. 15. City of Providence resolution, with enclosures, re: Supporting Senate Resolution 2003-S-180 and House Resolution 2003-H-5081 relative to separation of powers. 16. Application of Rui Almeida, dba Doughboy’s Kitchen, Fall River, MA, for RENEWAL of Industrial Caterer’s License (Mobile Food Service Unit) for the 2003-2004 licensing year. 17. Application of Capt. Kenneth L. Gilbert Post Home Assn./ VFW, 52 Underwood Lane, for RENEWAL of Bingo License for 2003-2004 licensing year. 18. Applications of the following named persons, firms or corporations for RENEWAL of Mechanical Amusment Device Licenses for the 2003-2004 licensing year. (See Attached List) TOWN COUNCIL 1. Communication of Kraig Ruth, 22 Spinnaker Court, re: Opposing Sunday Selling License for J.A.M. Construction, Co., Inc. for premises located at 990 Aquidneck Avenue. 2. Continued from Meeting of June 2, 2003 Application of J.A.M. Construction Co., Inc., 990 Aquidneck Avenue, for Sunday Selling License for the 2003-2004 licensing year. (NEW) 3. Application of Teli, Inc., dba Telly’s Cafe, 147 Aquidneck Avenue, for Victualling House License for the 2002-2003 licensing year. (NEW) 4. Memorandum of Hedy M.S. Bennett, Chair, Middletown Planning Board, re: Recommendation concerning the proposed rezoning of Lot 23, TAP 108SW from High Density Traffic Sensitive Residential (R-10A) to Traffic Sensitive General Business (GBA).NO! (One Mile Corner) 5. Continued from Meeting of May 19, 2003 Public Hearing (Advertised; Abutters Notified) An Ordinance of the Town of Middletown (First Reading) An ordinance in amendment to the Town Code of the Town of Middletown, Chapter 152, The Zoning Code, proposing to change the zoning classification of Lot 23, TAP 108SW from its current classification, Traffic Sensitive High Density Residential (R-10A), to a classification of Traffic Sensitive General Business (GBA).NO! 6. Memorandum of Hedy M.S. Bennett, Chair, Middletown Planning Board, with enclosures, re: Request for approval of amendments to Subdivision Rules and Regulations, Article 7, Guarantees of Performance. 7. Memorandum of Hedy M.S. Bennett, Chair, Middletown Planning Board, with enclosures, re: Proposed Comprehensive Plan Amendments, West Main Road - Mixed Use District. (“Vanicek” property) 8. Memorandum of Town Solicitor, re: Revised Capital Improvement Plan ordinance amendment. 9. An Ordinance of the Town of Middletown (First Reading) An ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 35, Capital Improvements. 10. Memorandum of Town Solicitor, with enclosures, re: Tax exemption adjustments necessitated by revaluation. 11. An Ordinance of the Town of Middletown (First Reading) An ordinance in amendment to the Town Code of the Town of Middletown, Title III, Administration, Chapter 34, Taxes, Section 34.42, Revalution Adjustment. 12. Continued from Regular Meeting of June 2, 2003 Memorandum of Councillor Karen Roarke, re: Open Space Acquisition Fund Committee. YES! 13. Continued from Special Meeting of June 9, 2003 Memorandum of Finance Director, with enclosures, re:HVAC system for Police Station. 14. Request of Councillor Charles J. Vaillancourt, re: West Main Road/Coddington Highway intersection plan. 15. Resolution of the Council, re: Approving proposed sewer bond enabling legislation and seeking its passage by the RI General Assembly. 16. Memorandum of Finance Director, with enclosure, re: Clean Water Funding, West Main Road sanitary sewer replacement. 17. Resolution of the Council, re: Approving the use of Clean Water Funding for West Main Road sanitary sewer replacement. 18. Memorandum of Finance Director, with enclosure, re: Revised Premium Only Plan relative to health and dental insurance. 19. Resolution of the Council, re: Approving revised Premium Only Plan - Plan document relative to health and dental insurance. 20. Communication of Manuel Mello, Middletown, re: Home Depot sewer plans. Manny knows sewers! 21. Communication of John and Catherine Kelly, 705 Fairway Drive, with enclosure, re: Drainage problem at Westridge Condominium project. 22. Petition of certain residents of Columbia Road, Ellen Road and Ward Avenue, re: Extension of water line project to include all properties in area affected by ground water pollution. 23. Communication of Anthony J. Amado, 206 Corey Lane, Middletown, re: Personal water craft at Third Beach. 24. Communication of Joyce Williams and Josephine Brown, Newport County NAACP, re: Request for sponsorship of TEE at Sixth Annual Golf Tournament, June 21, 2003. 25. Communication of Lynn M. Sokel, Middletown, re: Proposed memorial of Jacquelyn Harris-Sirr. 26. Schedule of regular meetings in July and August, 2003. 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) (5), RIGL, the Council will meet in executive session to consider, discuss and act upon matters related to land acquisition (Kempenaar Valley). 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.