THIS MEETING CAN BE HEARD IN ITS ENTIRETY ON THE TOWN OF MIDDLETOWN WEBSITE WWW.MIDDLETOWNRI.COM OR THE DVD IS AVAILABLE AT THE MIDDLETOWN LIBRARY.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Peter D. Connerton, Sr.
Councillor Christopher M. Logan
Councillor Dennis B. Turano, Arrives at 5:02 p.m.
Councillor Barbara A. VonVillas, Members Present
Councillor Emily M. Tessier, Absent
POSTED MAY 1, 2024
REGULAR MEETING MAY 6, 2024
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, May 6, 2024, 5:00 P.M. Executive Session, 6:00 P.M. Joint Meeting with the School Committee and at 6:30 P.M. Regular Meeting at the 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: 819 2476 6295 or on the web at https://us02web.zoom.us/j/81924766295
If you choose 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.
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 were no reconsiderations.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Litigation (PUC Docket No. 22-42-NG – Old Mill Lane, (5) Land Acquisition, (5) Land Acquisition,(5) Land Acquisition (West Main Road), (5) Lease (Boulevard Nurseries), and (2) Collective Bargaining (FOP), - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:02 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize the Town Administrator to execute the lease with Boulevard Nurseries.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the fiscal impact statement for the FOP.
On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
School Committee Chair Theresa Spengler called the School Committee meeting to order. (All members present)
Present representing the School Department were Superintendent of Schools Rosemarie Kraeger, School Committee Chair Theresa Silveira Spengler, Vice Chair Tami E. Holden and members Wendy E. Heaney, Gregory M. Huet and William R. O’Connell.
Building Committee Co-Chair William Nash called the Building Committee meeting to order.(There was a quorum present.)
Members in Attendance:
| Present | Voting Member | Name | Title |
| N | Yes | Edward Brady | Chair, Community Member |
| X | Yes | William Nash | Vice Chair, Community Member |
| X | Yes | Rosemarie Kraeger | Superintendent of Schools |
| X | Yes | Theresa Spengler | School Committee Chair |
| X | Yes | Tami Holden | School Committee Vice Chair |
| X | Yes | Poe George | Director of Facilities Management, Transportation and Safety |
| X | Yes | Thomas P. Welch, III | Town Council Vice President |
| X | Yes | Peter Connerton | Town Council Member |
| N | Yes | Donna Sweet | Middletown High School Principal |
| N | Yes | Michelle Fonseca | Asst Superintendent for Teaching and Learning |
| X | Yes | Shawn Brown | Town Administrator, Local Budget Official |
| X | Yes | Don Morin | Secretary, Community Member |
| X | Yes | Marc Thayer | Community Member |
| N | Alternate | Georgia Fortunato | Special Education Consultant, Alternate Superintendent of Schools |
| P | Alternate | Gregory Huet | Alternate Member of School Committee |
| P | Alternate | William O’Connell | Alternate Member of School Committee |
| P | Alternate | Christopher Logan | Alternate Town Council Member |
| N | Alternate | Bill Niemeyer | Gaudet Middle School Principal |
| P | Alternate | Marc Tanguay | Town Finance Director, Alternate Local Budget Official |
X = Present/Voting; R=Represented; P=Present/Non-voting; N=Not Present
2. The Town Administrator will provide an update on the School Building Project.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said School Building Project update.
Town Administrator Shawn Brown reviewed the following:
CMaR RFP Update:
An Addendum was issued on March 19, 2024. An optional walkthrough of the existing Gaudet Middle School was held on March 25, 2024. Four potential bidders attended the walkthrough. The school building committee has created a technical review subcommittee for the review of the CMaR proposals due on April 3, 2024. Colliers provided the technical review committee with a draft scorecard and scoring instructions. The formal scorecards will be issued following the public bid opening. The SBC is still scheduled to have a recommendation to award to the School Committee and Town Council by April 24, 2024, and the executed contract(s) are scheduled to be completed by June 3, 2024 ahead of the June 30, 2024 RIDE deadline.
(see the attached 3/27/24 Arch Update)
An Elementary School design meeting with the elementary principals is scheduled for April 10, 2024. A security meeting with Middletown Police, the high school & middle school principals, superintendent, facilities director, and SRO’s is also scheduled for Aril 10, 2024. The Design Development sustainability charette, as required by RIDE, has been scheduled for April 24th. The charette flyer is attached. HMFH presented a cafeteria design that allows for 3 seating for each school (200 HS seats and 165 MS seats). The cafeteria includes a mix of seating types and has the potential for a café/concession stand to separate the MS & HS seating areas and which can be used outside of school hours to support functions in the gym or auditorium. A two-week look ahead is also included in the attached.
The project remains on time and on budget. An updated budget summary is attached.
Contracts:
ECM has received a contract for HazMat Consulting. Colliers and the design team are working on a plan to begin testing in the existing high school.
The school district received preliminary review comments on the Stage II Submission from the RIDE SBA on March 19, 2024 and a review meeting was held with RIDE SBA, town administrator, superintendent, OPM, Commissioning Agent, Educational planner, and design team on March 29, 2024 to review the comments. Minutes from the review meeting will be issued upon completion. Supplemental information for the Stage II submission is due to RIDE SBA by April 16, 2024.
Mr. Brown noted the school project is on time and on budget.
Mr. Brown reviewed a powerpoint – Response to Concerned Neighbors’ Statements about the School Building Project, which is on file in the Office of the Town Clerk.
Wendy Riel, 28 Swan Drive, addressed the Council, reading the following into the record:
Good evening
My name is Wendy Riel and I live at 48 Swan drive Middletown RI.
As I stated at the last meeting with the 3 discrepancies from Feb5-15th submission to RIDE. We all assume our officials have our towns residents best interest/fiscal interest at heart with any and all projects that have been voted in which require the tax payer to encourage any debt.
In Nov. 7th we voted on the 190 million dollar schvo bond and the wording on the ballot question is clear.
(I read the whole ballot stopping at the word indebtedness.. The definition of this word is” the condition of owing money”
What you will see in other presentations and in the paper with the graphs that were handed Out to the town council and the public here in this room. What Middletown residents voted on and what we are getting in the Feb 15th submission to RIDE is very different.
20 million extra in capitol reserves were added to the 190 million dollar bond. Shawn Brown has already said on multiple occasions that there is no Money for this. So where is it coming from and clearly this is extra debt for the tax payers.This will be additional debtedness(the condition of owning money) for tax payers. A second or third look should be given to this before any bond money is released. Thank you for the opportunity to speak with you and to inform Middletown public here at this meeting. Please add this to public records Thank you Wendy Riel
Valerie Gelb, 94 Shore Drive, addressed the Counci,l reading the following into the record and reviewing following chart:
Paul Mankofsky, addressed the Council reviewing the budget numbers for the proposed school building project and noted the need for the Town Council to know where every dollar for the project will be spent.
Terri Flynn, 34 Warren Avenue, addressed the Council, reading the following into the record:
Good evening, Town Council and Guests.
Terri Flynn; 34 Warren Avenue.
I do have to say, since Shawn Brown did mention my name, that I do think it’s disingenuous to imply that I misled the council and the public with that slide that was hardly visible. That was the slide from the Sept 15th, [2023,] Stage I submission to RIDE, and on that slide it says that the bond is going to be for a middle/high school and that a subsequent bond will be issued, or considered, contemplated I believe was the exact word, for the elementary schools to consolidate. That was reinforced in multiple Middletown Today articles; that there just simply was not enough money to do the elementary schools and the new school. It seems like that’s actually what’s happening. I might say that, that Sept 15th Stage I submission said we were were doing one bond and a subsequent, or contemplating a second bond for the elementary schools. Twelve days later, media was released by the School Building Committee on Sept 27th with a whole new project change. Twelve days: all of a sudden it was going to be Grades 2, 3, 4 and 5 and the Admin and Maintenance in the Middletown High School, Aquidneck [Elementary] was going to close, and Forest Avenue [Elementary] was going to get rehabbed.
I also need to say that I think it’s inappropriate for Shawn Brown to disparage the public who is only sharing the facts that come from the town. These are false narratives, and I would like to make that part of public record.
I would like to make my statement now based on what I just handed out. I just have two questions that have not yet been addressed on the Stage II submission to the RI Department of Education, also known as RIDE. As noted, previously, the project budget changed significantly in ten days: there was $0 dollars in “Capital Reserves projects” that was presented at the Joint Meeting on Feb 5th, but more than $20 million dollars in “Capital Reserves projects” submitted to RIDE on Feb 15th.
Capital Reserves Projects have been defined by the town as: 5-year repair and maintenance items, that may or may not be done, and the town has no money for them. Yet, as indicated earlier $15 million of the Capital Reserves Projects submitted to RIDE are described as follows: renovations to the Middletown High School; renovations for Forest Ave Elementary, all of them; student furnishings; student technology; and site remediation. That’s a list of School Building project items. They are now in a category-of-work that may or may not be done? Yet, the Nov 7th ballot, handed to Council and Guests, states that the $190 million dollar bond debt would include “all attendant expenses” of the school building project. That means “all associated expenses.”
So, if all associated expenses are to be included in the $190 million dollar bond
and $15 [million] have moved from the bond, and into Capital Reserves projects,
the first question is: Why hasn’t the $190 million gone down $15 million ?
The last question: The council did seem unaware of the $20 million dollars in Capital Reserves Projects at their Feb 20th meeting. So, the question everyone wants to know, is that for the Feb 15 submission to RIDE: Who moved the $15 million of project expenses into Capital Reserves Projects and out of the $190 million dollar bond debt?
Martha Koziara, 8 Miller Street, addressed the Council reviewing the following handouts (Site Remediation – School Bond, SEC Charges Hilltop Securities and Trader for Misconduct in Municipal Offerings, The Public’s Radio, SEC Charges Rhode Island Agency and Wells Fargo with Fraud in 38 Studios Bond Offering and The Law Offices of Robert Wayne Pearce, P.S.) which are on file in the Office of the Town Clerk.
Mike Flynn, 34 Warren Avenue, read the following into the record:
Good evening. 34 Warren Ave; Mike Flynn.
I came up to read something from someone who couldn’t be here tonight, Larry Connell. And I’m going to do that, but Mr. Brown made a comment at the beginning, so I am going to address that comment for a minute, and then I am going to read what I was going to read. Mr. Brown said that the citizens were hurting the project overall, the citizens were hurting the community. I don’t think that’s appropriate. I think all of us in the room would do well to remember, and there’s a quote, right: “It’s not the function of the government to keep the citizen from falling into error, it’s the function of the citizen to keep the government from falling into error.” We all need to remember that. The citizens are at the top of the Org[anizational] Chart. Okay. I did not come up to say that, but felt I had to.
Larry Connell wanted me to read this, so I will go ahead and read it. Larry Connell; 23 Shore Drive. At the last Council meeting on April 15th, I gave Council five Financial Worksheets that were part of the Feb 15 submission to RIDE. These worksheets were dated Feb 15th, the same day they were submitted to RIDE, and they detailed $20 million in Capital Reserves Projects, in addition to the $190 [million] bond debt.
Ten calendar days earlier, on Feb 5th, the Council, and the public, were given a Preview of the Feb 15 submission to RIDE. The Preview had only two Worksheets. They were dated Jan 29. The two Worksheets together totaled $190 [million] and there were no Capital Reserves Projects.
So, the question he wanted to ask was: Could you please explain the procedure of exactly what happened in those 10 calendar days that would alter the financials, from what was shown to the public to what was submitted to RIDE?
Thank you.
Dave Dittman, 44 Ocean View Drive, addressed the Council, reading the following into the record:
Don Morin, Middletown, addressed the Council reading the following into the record:
Martha Koziara, 8 Miller Street, addressed the Council inquiring how the Town hired Hilltop Securities, if there is a bidding process for hiring and if site remediation for the new Middle/High School will be covered by the school building budget.
Discussion centered around there is no change to the amount of the 190 million dollar bond and certain expenses for the building project are not eligible for reimbursement from RIDE.
The Building Committee at their May 1st, 2024, meeting approved authorizing the Town Council to negotiate and execute an agreement with Bentley Companies for MIDD-024-009 on behalf of the Town for pre-construction services for renovation work to be completed at Middletown Senior High School, Forest Avenue Elementary School and Aquidneck Elementary School.
The Building Committee at their May 1st, 2024, meeting approved authorizing the Town Council to negotiate and execute an agreement with Gilbane Building Company for MIDD-024-008 on behalf of the Town for pre-construction services for the Middletown Middle/High School.
School Committee voted on the following items at this time:
On motion of Vice Chair Tami Holden, duly seconded, it was voted unanimously to authorize the Town Council to negotiate and execute an agreement with Bentley Companies for MIDD-024-009 on behalf of the Town for pre-construction services for renovation work to be completed at Middletown Senior High School, Forest Avenue Elementary School and Aquidneck Elementary School.
The School Committee authorized the Town Council to negotiate and execute an agreement with Gilbane Building Company for MIDD-024-008 on behalf of the Town for pre-construction services for the Middletown Middle High School.
On motion of Vice Chair Tami Holden, duly seconded, it was voted unanimously to authorize the Town Council to negotiate and execute an agreement with Gilbane Building Company for MIDD-024-008 on behalf of the Town for pre-construction services for the Middletown Middle/High School.
Building Committee Adjourned at 7:30 p.m.
School Committee Adjourned at 7: 30 pm.
3. Memorandum of Finance Director, thru Town Administrator, re: Construction Manager at Risk – Project Location: Middletown Senior High School, Forest Avenue Elementary School and Aquidneck Elementary School.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
4. Resolution of the Council, re: Town Administrator is authorized hereby to negotiate and execute an agreement on behalf of the Town for pre-construction services for renovation work to be completed at Middletown Senior High School, Forest Avenue Elementary School and Aquidneck Elementary School.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Derek Osterman, Senior Director Project Manager, Colliers Project Leaders was present to answer inquiries.
Terri Flynn, 34 Warren Avenue, addressed the Council reading the following into the record:
Terri Flynn; 34 Warren Avenue
Good evening Council President, Council Members, and Guests in the audience.
I do want to make a couple comments while the handout's being distributed. No one is unhappy about the vote. It’s actually immature to throw those sour grapes on the table. Truly. These are citizens that are following the finances. That’s our job as residents of this town. And, the School Building Committee we recognize that their job is to build the school. Their job is not the finances. They’re supposed to build the school. So, this is much more about the finances than the actual school. You can present the “on budget” false narrative from now until the cows come home, so to speak, no offense. We’ll trade false narratives, but if you follow the financial data, it clearly shows that the voters are either going to get less for that $190 million dollar debt or they’ll be spending more for the same thing. Because there was a failure to plan, as you said. Shawn Brown says that there’s some “optional items” [in the project]. Well, how is that if the $190 million dollar bond is to include all “attendant expenses” or “all associated expenses”? It is just contradictory.
So, now you have your handouts. That was sent to me by a concerned neighbor. It’s an excerpt from one of the School Building project RFP’s. The one for school building renovations. It shows a total of $28.6 million dollars of work for the current high school, and the two elementary school buildings. There’s a statement under the $28.6 million dollar total line, which has been highlighted on the handout for you, and reads, “The budgets above are subject to change based on available funding from the district." This indicates school building project work that the taxpayers’ $190 million dollar bond debt will not cover, and that is quite concerning.
Additionally, as you know, the School Building Committee meets every other Wednesday, and their last meeting was on April 24th. It was reported that there was only one respondent to the RFP for the school building renovations. It was Bentley Companies . And, as of that day, April 24th, Bentley Companies was not yet on the State list of approved Contractors to work on school buildings in RI. The School Building Committee amended their recommendation-motion to state their recommendation for Bentley Companies was “Subject To” Bentley Companies’ approval for that list. The discussion revealed that the RI Dept of Education was meeting on Friday, April 26th, and was committed to moving the approval process along, to the next State level, the very same day. Friday, April 26th was six business days ago. I don’t know if Bentley Companies got a 6-day approval to be on that list for tonight’s Resolutions or not. But, whether Bentley Companies is on the list, or still in the approval process, it’s important for Council, and the public, to know that accelerating approval for a contractor, involving multiple millions of taxpayer dollars, is also very concerning.
Discussion centered around the contractor which is being awarded the contract is in the final phase of being approved for the state vendor’s list, Council President believes that the contractor should be on the state vendor’s list prior to passing this resolution, the contractor was the only bidder for the project and this resolution is to authorize negotiations.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted to pass said resolution, Council President Rodrigues voted NO to said motion.
5. Memorandum of Finance Director, thru Town Administrator, re: Construction Manager at Risk – Project Location: Gaudet Middle School for future location of Middletown Middle High School.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
6. Resolution of the Council, re: Town Administrator is authorized hereby to negotiate and execute an agreement on behalf of the Town for pre-construction services for the Middletown Middle High School.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Derek Osterman, Senior Director Project Manager, Colliers Project Leaders reviewed the following memorandum and scoring sheet, entered here:
Enter Colliers memo & scoring sheet
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
7. 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.
There was no one present or on zoom to speak during this session.
8. The Town Administrator will provide an update on Town Projects. (Vision Appraisal Presentation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said update regarding the Vision Appraisal Presentation.
Tax Assessor George Durgin introduced Steve Burke from Vision Appraisal, who presented the Town Council with a powerpoint presentation, which is on file in the Office of the Town Clerk.
Leon Amarant, Middletown, addressed the Town Council noted concern with the methodology for property assessments. Mr. Amarant requested the Town Council create a committee to review if the assessment data is correct.
Tami Holden, Middletown, addressed the Council noting concern with the non-resident tax base.
Michael Lopes, Middletown, addressed the Town Council noting that the rental properties will pass the tax increase on to their tenants. Mr. Lopes explained that it is hard to live on a fixed income.
Maria Fombellida, Middletown, addressed the Council noting concern that her assessment has increased by 73%. Ms. Fombellida requests a solution to her increase and others having a decrease in their assessment.
Karen Biastre, Middletown, addressed the Town Council reading the following into the record:
Our home (Neighborhood #40)
207 Maple Ave. Gross increase + 64.15%. Vision claims single family homes revals went up 47%.
Broken down into dwelling and land:
2 bedroom SF house up 20.3%
6500 sq/ft Land up 93.8%
2023 value: $251,300
2024 reval: $412,500 (increase of $161,200)
https://gis.vgsi.com/MiddletownRI/Parcel.aspx?Pid=1027
Neighbor, borders back yard: 16 Paquin Place
15,682 sq/ft Land up 47.9% off Main Street on a dead end street.
Other neighborhood revals:
2 Maple Terrace across the street up 55% same lot size
34 Smythe St land 55% larger lot
21 King Rd Land up 55% lot twice the size of ours
3 Harbor View Ct land up 48% water view
My appeal:
When I appealed, Vision had on record we have a water view. We do NOT have a water view at the bottom of Maple Ave.
We do have water PROBLEMS: Located at bottom of hill, road water rushes into our driveway and into our garage. Also floods basement, we have 2 sump pumps that run during rain storms, sometimes for a day or more after storms are over.
Poor siding, areas of siding unfinished, washed out gravel driveway. My husband is a cancer survivor. We have medical debt due to trying to save his life. This debt has prevented us from making the necessary repairs our home needs.
Garage over 20 years old
Deck is 17 years old
Land reevaluation rates in areas with more land closer to the beach/country on less busy streets have lower rates than what my property was given.
Close proximity to Newport Heights/Tonomy Hill and the problematic issues that come from that area.
High traffic, speeding issues, heavy foot traffic, very busy and noisy street and dense housing. This is not an ideal place to live in Middletown. But it's all we have.
I received a letter from Vision Appraisal regarding my appeal. They made ZERO adjustments. My reval has remained at $412,500. There's something wrong with this. Based on the fact we have no water view, that alone should have lowered our reval. But it did not.
I am extremely worried as we enter retirement years we will not be able to stay here due to lack of affordability.
Please make my email a part of the public record.
Thank you,
Karen Biastre
207 Maple Ave
Shannon Marshall, Middletown, addressed the Town Council noting she does not disagree with her assessment, but does not understand comparatives used which are disproportionate.
On motion of Councillor Turano, duly seconded, it was voted unanimously to reactivate the Tax Exploration Committee consisting of five members.
Antone Viveiros, Middletown, addressed the Council noting the need for a predictable tax assessment system.
Discussion centered around the RIPEC study, making taxes more predictable for residents, the Tiered Tax program and current tax assessment policy is set by state law.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 8:55 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene this meeting at 9:07 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
9. (Public Hearing Advertised)
Application of Carol Crookes dba Woodhookers Sports Tavern, 238 East Main Road to TRANSFER Class BV Liquor License to Woody’s Tavern, LLC dba Woodhooker’s Sports Tavern for the 2023-2024 Licensing year for use at the same premises.
Public Hearing was declared open.
Attorney David Fox, representing the applicant Woody’s Tavern, LLC, was present to answer Town Council inquires.
There being no persons present or on zoom desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
Town Solicitor Peter B. Regan recused himself from the following item of business, due to a possible conflict of interest.
10. (Public Hearing Advertised; Abutters notified)
Application of TPG Middletown Beverage, LLC dba Newport Beach Hotel/Restaurant, One Wave Avenue, for a Class BT Alcoholic Beverage License for the 2023-2024 Licensing year for use at the same premises, to include patio areas. (NEW)
Public Hearing was declared open.
Attorney Natasha Ruane, representing the applicant TPG Middletown Beverage, LLC, was present to answer Council inquiries.
There being no persons present or on zoom desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
Town Solicitor Peter B. Regan returned.
11. Application of Beach Liquors, LLC dba Beach Wine and Liquors, 43 Aquidneck Avenue to TRANSFER Class A Liquor License to Golden Bev, LLC dba A Gold’s Wine and Spirits (2023-2024 Licensing year) for use at the same premises. (Requires advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise for a public hearing to be held on Monday, May 20, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
12. Approval of Minutes, re: Regular Meeting, April 1, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
13. Approval of Minutes, re: Regular Meeting, April 15, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
14. Notice of Public Hearing to be held on Monday, May 6, 2024, at 6:30 PM at the Middletown Town Hall, re: Application of TPG Middletown Beverage, LLC dba Newport Beach Hotel/Restaurant, One Wave Avenue, for a Class BT Alcoholic Beverage License for the 2023-2024 Licensing year for use at the same premises, to include patio areas.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said notice of public hearing.
15. (Continued from the April 15, 2024, Regular Meeting)
Memorandum of Middletown Prevention Coalition Director, through Town Administrator, re: STOP Act Grant Submission. (Authorized by the Town Administrator, due to submission date for application of May 3, 2024)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
16. Applications from the following named persons, firms and corporations for RENEWAL of Holiday Sales Licenses, for the 2024-2025 licensing year:
HOLIDAY LICENSE RENEWALS Expires: April 2, 2025
CVS Pharmacy Inc./CVS Pharmacy #493- 99 East Main Road
Petco Animal Supplies, Inc./ Petco #1830- 1309 West Main Road
Shaw’s Supermarket, Inc./Shaw’s #1442- 99 East Main Road
Walgreen Company #3000/Walgreens- 12 East Main Road
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
17. Applications from the following named persons, firms and corporations for RENEWAL of Amusement Licenses, for the 2024-2025 licensing year:
AMUSEMENT LICENSE RENEWALS Expires: April 16, 2025
HPK, Inc. d/b/a Tickets- 15 Aquidneck Avenue
Kempenaar Catering, LLC d/b/a Kempenaar’s Clambake Club- 323 Valley Rd
Newport Beach House, Inc. d/b/a Newport Beach House- 3 Aquidneck Avenue
Newport Vineyards and Winery, LLC d/b/a Newport Vineyards- 909 East Main Road
Seaview Inn, LLC/ The Atlantic Resort- 240 Aquidneck Avenue
Sweet Berry Farm, Inc. d/b/a Sweet Berry Farm- 915 Mitchell’s Lane
The Pub at Two Mile Corner, Inc. d/b/a The Pub at Two Mile Corner-10 Maple Avenue
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.
18. Application of A&M Acquisitions, LLC dba A&M Tactical, 10 Coddington Highway for RENEWAL of a Firearms Dealers License for the 2024-2025 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
19. Application of Marc Milici dba Troubled Soul & Company, LLC, 999 West Main Road, for RENEWAL of a Tattoo License for the 2024-2025 licensing year.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.
20. Application of Woody’s Tavern, LLC dba Woodhooker’s Sports Tavern, 238 East Main Road, for a Victualling House License for the 2023-2024 Licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
21. Application of TPG Middletown Beverage, LLC dba Newport Beach Hotel/Restaurant, One Wave Avenue, for a Victualling House License for the 2023-2024 Licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
22. Application of Starbucks Corporation dba Starbucks Coffee #7599, 99 East Main Road, for a Victualling House License for the 2023-2024 Licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Building Official, Fire Marshal and Board of Health approvals.
23. Application for Special Event Permit from St. George’s School – Camp Ramleh Yard Sale open to the public to be held at St. George’s School Hockey Rink on Saturday, June 8, 2024 from 8:00 a.m. to 12:00 p.m., includes a request to waive permit fee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license Special Event Permit and waive permit fee.
24. Application for Special Event Permit from the Newport Historical Society for the Newport Show to be held at St. George’s School, 372 Purgatory Road, beginning Friday, July 26, 2024 from 6:00 pm – 9:00 pm, Saturday, July 27, 2024 and Sunday, July 28, 2024 both from 10:00 am – 4:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license Special Event Permit.
25. Communication of John Ceglarski, President, Middletown Athletic Boosters, re: Request for support for the 2024 MHS Senior Athletic Recognition Event.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize an appropriation in the amount of $3,000.00 to be appropriated from the Council President’s Discretionary Fund.
26. Memorandum of Stephen D. Johnson, Chair, AIPC Board of Directors, re: Release of Approved Funding.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Stephen D. Johnson, Chair, AIPC Board of Directors, addressed the Town Council reviewing the following:
Discussion centered around there is no Director for the AIPC at this time, the AIPC should have an interim Executive Director by the summer, the status of funding from the City of Newport and Town of Portsmouth and coming back with a plan to the Town Council before they consider releasing the funds.
27. (Advertised; Abutters notified)
Application of Starbucks Corporation dba Starbucks Coffee #7599, 99 East Main Road, for an Additional Hours of Operation License for the 2023-2024 Licensing year. (NEW)
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the May 20, 2024, Regular Meeting.
28. (Advertised).
Proposed Charter Amendments - Term limits:
Amendments to Article II, The Town Council, Sec. 202 and Article VIII, School Department, Sec. 801, that would set term limits for members of the Town Council and School Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the May 20, 2024, Regular Meeting.
29. (Continued from the April 15, 2024, Regular Meeting)
An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XI Business Regulations, Chapter 113, Food Services, 113.04 Restrictions on Permits.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
30. (Continued from the April 15, 2024, Regular Meeting)
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title XI Business Regulations, Chapter 118, Tobacco Regulations. (Repealing and deleting Ordinance)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
31. Memorandum of William J. Nash, Jr., Vice Chair, Planning Board, re: Amendments to the Middletown Rules and Regulations regarding the Subdivision and Development of Land: Article 5, Section 521 regarding commercial development design standards; subdivision & development application form & checklists; and development application fees. Amendment to Town Code Chapter 36-Fee Schedule, Section (E) Planning Department.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above.
32. Proposed Amendments – Middletown Rules and Regulations Regarding the Subdivision and Development of Land - Article 5, Section 521 regarding commercial development design standards; subdivision & development application form & checklists; and development application fees.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve/ratify said amendments to the Middletown Rules and Regulations Regarding Subdivision and Development of Land.
33. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code of the Town of Middletown, Title III, Chapter 36, Entitled “Fee Schedule”, Section (E) Planning Department.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
TOWN COUNCIL
34. (Continued from the April 15, 2024, Regular Meeting)
Resolution of the Council, re: Educational Funding Formula.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend.
the resolution by adding:
SECTION IV
WHEREAS: The Governor’s FY2025 Budget includes a reduction of $641,533 in the calculation of State Education Aid due to many factors including a continuous drop in enrollment and a 19.8% increase in the Town’s adjusted property value;
NOW THEREFORE BE IT RESOLVED: That the Middletown Town Council urges the members of the General Assembly to transfer an additional $320,767 in State Education Aid from the increase to the public charter schools.
And to pass said resolution, as amended.
35. (Continued from the April 15, 2024, Regular Meeting)
Resolution of the Council, re: Pledging to Keep Rhody Litter Free.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
36. Communication of Councillor Turano, re: Requesting examples of how residents’ taxes are going to be calculated.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano reviewed the communication above and noted that he is not in favor of raising non-resident tax rates that high.
37. Communication of Councillor Turano, re: Requesting the impact that the property reassessment had on our tax exemption programs.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Turano reviewed the following:
Discussion centered around that the Town does well regarding exemptions compared to other communities and the Town will push out tax exemption information on social media.
38. (Continued from the April 15, 2024, Regular Meeting)
Memorandum of Finance Director, re: RFP MIDD-024-007 – Comprehensive Community Plan Consultant Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
39. (Continued from the April 15, 2024, Regular Meeting)
Resolution of the Council, re: Award of contract for RFP MIDD-024-007 – Comprehensive Community Plan Consultant Services.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
40. (Continued from the April 15, 2024, Regular Meeting)
Memorandum of Finance Director, thru Town Administrator, re: School Department- Surplus 4550 Dump Truck.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
41. (Continued from the April 15, 2024, Regular Meeting)
Resolution of the Council, re: School Department- Surplus 4550 Dump Truck.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
42. Memorandum of Finance Director, thru Town Administrator, re: RFP- Design Services- Dunlap-Wheeler Park Design.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
43. Resolution of the Council, re: Design Services- Dunlap-Wheeler Park.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #42.
Discussion centered around sea level rise, storm surges and the majority of Dunlap-Wheeler Park is owned by the Town.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
44. Communication of Tax Assessor, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
45. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
46. Appointment of one (1) member to the Middletown Prevention Coalition, Other Organization Involved in Reducing Substance Abuse, for a term expiring April 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint William Kenneth Bowling, Jr., to the Middletown Prevention Coalition, Other Organization Involved in Reducing Substance Abuse, term expiring April 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 10:26 p.m.
_________________________
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri