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.

 

At a Regular Meeting of the Town Council of the Town of Middletown, RI at the Middletown Town Hall, 350 East Main Road, Middletown, RI in person on Monday, April 7, 2025 at

5:30 P.M.

 

Council President Paul M. Rodrigues, Presiding

Vice President Thomas P. Welch, III

Councilor Peter D. Connerton, Sr.

Councilor Christopher M. Logan

Councilor Charles R. Roberts

Councilor Dennis B. Turano,

Councilor Barbara A. VonVillas, Members Present

 

POSTED APRIL 2, 2025

REGULAR MEETING APRIL 7, 2025

 

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, April 7, 2025, 5:30 P.M.  Executive Session, and 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: 812 7557 8510  or on the web at https://us02web.zoom.us/j/81275578510

 

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.

 

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 were no reconsiderations.

 

EXECUTIVE SESSION – 5:30 P.M.

 

1.    Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Collective Bargaining (Council 94), (2) Collective Bargaining (FOP), (2) Potential Litigation, - 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 5:31 p.m.

 

            On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:30 p.m.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the fiscal impact statement for the Council 94 Union.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the FOP MOU and authorize the Town Council President and Town Administrator to execute the MOU on behalf of the Town.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said claim and forward it to the RI Interlocal Trust.

 

            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.

 

REGULAR MEETING – 6:30 P.M.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to act on items #25, #28 and #29 at this time.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.

 

ACTING AS A BOARD OF LICENSE COMMISSION

 

2.    Application of Ching Tao Chinese Restaurant, 268 West Main Road to TRANSFER Class BV Liquor License to Liyi Li and Lifeng Guo (2024-2025 Licensing year) for use at the same premises. (Requires Advertising for Public Hearing to be held on April 21, 2025)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise for public hearing to be held on April 21, 2025.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.

 

TOWN UPDATES

 

3.    The Town Administrator will provide an update on:

a.    Town Projects

b.    School Building Project

c.     Library Building Project

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Town Projects, School Building Project and Library Building Project updates.

 

Town Administrator Shawn Brown reviewed the following for the Town Projects, full project update is on file in the Office of the Town Clerk and on the Town website :

 

·         Housing – Berkeley & Oliphant

·         Middletown Center Development

·         Infrastructure-Purgatory Sidewalks

·         Infrastructure-Oxbow Sidewalks

·         Dunlap Wheeler Park Improvements

·         Housing East Main Road

·         Financial Software-Consolidation Town and School

·         Amending Two-Tiers Tax Ordinance to include Owners of Long-Term Rentals

·         Infrastructure-Atlantic Beach Streetscapes Design

·         Comprehensive Community Plan

·         Community Learning Program

·         2025 Red Road Paving Project

 

Shared Facilities Director Ed Collins reviewed the following update for the School Building Project:

Design Update:

The MS/HS 100% Construction Documents (CD’s) were distributed on March 7th.  Colliers, the design team, and Gilbane held a purchasing kick-off meeting on March 3rd to review the subcontractor buyout schedule and protocols and parameters award process.  The 60% CD estimate has been reconciled to the DD budget.

 

An addendum for both the Middle-High School and the ES Complex were distributed to the team on Friday, March 21st.

 

The design team presented an interior design update at the March 26th SBC meeting (attached).

 

The estimates for the 60% CD drawings and specifications for the ES Complex (Existing HS) have been reconciled to within 2%.  The ES Complex construction budget (excluding soft costs) is $10.1M pending a follow up meeting with RIDE. (no changes to this update)

 

Colliers, the design team, Middletown Facilities Director, SBC vice-chair, Bentely, Rhode Island Energy, and Vision Energy Solutions met on March 19th to review incentive opportunities given by RI Energy. There will be a walkthrough held on March 28th at the existing High School to review the opportunities.

 

Construction Managers Update:

Colliers, the design team, Middletown Facilities Director, SBC vice-chair, and Bentley met on February 27th to review logistics of the construction at the existing high school over the summer of 2025. (no changes to this update)

 

Gilbane continues to work on assembling bid packages and have distributed the first package to subcontractors on March 17th .  Bids & scope reviews are to be complete for the first package by April 11th and Recommendations to Award (RTA’s) provided to the SBC by April 24th in advance of the April 30th SBC meeting.  The first group of bid packages includes Sitework, Cast-In-Place Concrete, Structural Steel, and Elevators.

 

Budget and Schedule:

The project remains on time and on budget.  An updated budget summary and schedule update was provided at the March 26th SBC meeting. (please see attached budget).

 

RIDE:

RIDE provided minor comments on the 60% CD submission for the MS/HS on March 3rd which were addressed and uploaded to the RIDE portal on March 7th.

 

The project team met with RIDE on March 13th to review both MPS projects.  RIDE requested to explore incentive opportunities with RI Energy (Meeting Minutes attached).

 

The ES Complex renovation project has been submitted to the RIDE portal for Design Development document approval with the updated NECHPS scorecard which now targets above the RIDE requirements. The team is prepared to submit 60% CDs following RI Energy incentive review.

 

Build RI:

At the March 26th SBC meeting, Colliers shared that the feasibility study is to be completed on/by March 31st.

 

AHJ Permitting:

RIDEM and RIDOT have provided comments on the respective permit applications, which the design team is actively working to address.  (no changes to this update)

 

FAA Aeronautical Study is complete and requires no marking or lighting to be added to the MS/HS. (no changes to this update)

 

MISC:

Colliers has distributed the request for proposal (RFP) for Special Inspections and Materials Testing for both projects to the SBC Technical Review Committee and presented the proposal at the March 26th SBC meeting.

 

The School Building Committee voted to approve the security system contract using the Maste Price Agreement from the Rhode Island Division of Purchases for the new MS/HS.  The security system items shall be removed from Gilbane’s base-bid package (Electrical).  The Town of Middletown will need to enter in contract terms with a security firm to procure the system and coordinate the installation with Gilbane during construction.  Separating this contract from the construction management contract gives the town and school district better control for ongoing integration and maintenance.

 

Shared Facilities Director Ed Collins reviewed the following update for the Library Building Project:

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.

 

Carol Cummings, Middletown, addressed the Council providing a copy of a deed from the US Navy to the Town of Middletown, for the property on West Main Road where Potsy Field is located.  Ms. Cummings explained that the property was a gift to the Town and the Town must adhere to the restrictions in the deed.

 

Wendy Riel read the following into the record

 

Good evening. Wendy Riel, 48 Swan Drive.

 

I'm here this evening to report to the Town Council elements of the April 3, 2025 public hearing that raised public concern.

 

·         The parking lot was full and people left because it was not clear there was parking on the other side of the school. Perhaps better signage.

·         People in back of the room could not hear or understand the conversation.

·         The public had more information for the planning board and we're not allowed to speak a second time.

·         When the planning board closed the public hearing part of the meeting, they got up from their table without informing the public they were coming back to vote. The public thought that was the end of the meeting and many people left the building before the meeting was actually over.

·         Town staff prevented and delayed an intercom announcement to correct the misunderstanding.

 

Please use this information I provided to improve well-attended public meetings in the future.

Thank you and please make this public record.

 

Councilor Logan requested that item #10 be heard under the regular portion of the agenda.

 

CONSENT

 

5.    Approval of Minutes, re:  Regular Meeting, March 3, 2025.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.

 

6.     Approval of Minutes, re:  Regular Meeting, March 17, 2025.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.

 

7.    Applications from the following-named persons, firms and corporations for RENEWAL of Holiday Sales Licenses, for the 2025-2026 licensing year: 

 

Advance Stores Company, Inc./Advance Auto Parts #7361- 957 West Main Road

Aspire Dermatology, LLC/Aspire Dermatology- 102 Valley Road

AV Tech, Inc/Flint Audio Video- 77 East Main Road

Barnes & Noble Booksellers, Inc./Barnes & Noble Booksellers- 1311 West Main                                                                                                                                       Road

BJ’s Wholesale Club, Inc./BJ’s Wholesale Club- 173 East Main Road

Broden Millworks, LLC/Broden Millworks and Supply- 185 Oliphant Lane

Cardi’s Department Stores, Inc./Cardi’s Furniture Mattresses- 1199 West Main                                                                                                                                         Road

Cellular Sales of RI- 11 East Main Road

Colbea Enterprises, LLC/ Seasons Corner Market-  207 East Main Road

Colbea Enterprises, LLC/ West Main Shell- 1149 West Main Road

CoxCom LLC/Cox Communications- 882 West Main Road

Cumberland Farms, Inc./Cumberland Farms- 47 Aquidneck Avenue

CVS Pharmacy Inc./CVS Pharmacy #493- 99 East Main Road

HomeGoods, LLC dba HomeGoods #61, 288 East Main Road

Island Carpet & Floors- 695 West Main Road

Island Elements- 86 Aquidneck Avenue

Joe’s Kwik Mart, LLC/Joe’s Kwik Mart- 864 West Main Road

JJ Materials Corporation- 990 Aquidneck Avenue

JT Releaf, LLC/Releaf Center- 1341 West Main Road

Keystone Novelties Distributor, LLC/Keystone Fireworks- 741 West Main Road

Keystone Novelties Distributor, LLC/Keystone Fireworks- 750 Aquidneck Avenue

Marshall’s of MA, Inc/ Marshall’s Store #798- 288 East Main Road

Michael’s Stores, Inc./Michaels #3711- 1305 West Main Road

Neon Marketplace Operating I, LLC/Neon Marketplace- 533 East Main Road

Newport National Golf Club, Inc./Newport National Golf Club- 324 Mitchell’s Lane

Newport Vineyards & Winery, LLC – 909 East Main Road

Ocean State Jobbers, Inc./ Ocean State Job Lot- 282 East Main Road

PD Humphrey, Co., Inc./Beach Paint- 750 Aquidneck Avenue

PD Humphrey, Co., Inc./Humphrey’s Window and Door Design Gallery-   

                                                                                    8 Coddington Highway

Petco Animal Supplies, Inc./ Petco #1830- 1309 West Main Road

Sherwin Williams- 884 West Main Road

Stop & Shop Supermarket Company – 1360 West Main Road

TPS Group Holdings, LLC/The Paper Store- 1313 West Main Road

Ulta Salon, Cosmetics & Fragrance, Inc/Ulta Beauty- 1307 West Main Road

Wamm, Inc./Anthony’s Seafood & Restaurant- 963 Aquidneck Avenue

West Marine Products, Inc./West Marine- 379 West Main Road

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.

 

8.    Application of Aquidneck Package Store, Inc. dba Aquidneck Liquors, 15 East Main Road for RENEWAL of Sunday Selling License, for the 2025-2026 licensing year. 

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.

9.    Applications from the following named persons, firms and corporations for RENEWAL of Mobile Food Establishment Licenses (MFE), for the 2025-2026 licensing year: 

 

Mobile Food Dispensing Vehicle: (Limit 12 per year):

1899, LLC d/b/a La Costa Lobster and Tacos-  186 Bellevue Avenue, Newport

Amano, LLC d/b/a AMano Pizza & Gelato- 181 Bellevue Ave #315, Newport

Castaway Gourmet, LLC d/b/a Castaway Gourmet- 60 Selina Lane, Portsmouth

Cluck Truck, LLC d/b/a Cluck Truck- 256 Maple Avenue, Newport

Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road, Middletown

Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road, Middletown

Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road, Middletown

Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road, Middletown

Newport Chowder Company, LLC d/b/a Newport Chowder Company- 10 Pell Street, Newport

Palagis 2000, Inc d/b/a Palagis Ice Cream- 55 Bacon Street, Pawtucket

Pete’s Ice Cream – 122 Viking Drive, Portsmouth

 

Non-Self Propelled Cart: (Limit 7 per year)

Longade, LLC d/b/a Del’s Lemonade- 729 West Main Road

WW Newport, LLC d/b/a Wally’s Hot Dog Cart 222 Bellevue Avenue

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewals.

 

10.  Approval of 2025 Budget Schedule:

Saturday, April 26, 2025 – Review of All Funds

Wednesday, May 21, 2025 – First Public Hearing

Wednesday, May 28, 2025 - Second Public Hearing and Adoption

 

On motion of Vice President Welch, duly seconded, to approve said Budget Schedule.

 

Councilor Logan invited the public to join the Town Council for the budget meeting on Saturday, April 26, 2026.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Budget Schedule.

 

11.  Resolution of the Council, re:  Proclamation recognizing Arbor Day, April 25, 2025.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

 

12.  Communication of Tax Assessor dated March 26, 2025, re: Cancellation of Taxes for certain Middletown Residents.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.

 

13.  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.

 

14.  Petition of David P. Martland, filed on behalf of  Knight Capital, LLC, for an Amendment to the Town’s Zoning Ordinance, Plat 113, Lot 15b to allow for warehousing in the Office Business District. (Planning Board recommendation received; Council to advertise for a future public hearing). 

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said petition, advertise for a future public hearing and notify abutters.

 

15.  Transfer of Burial Lot from Richard Freeborn to Debra Spencer, re: Burial Lot 11 in Section 5.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said transfer of Burial lot.

 

Town Solicitor Peter B. Regan recused himself from acting on items #16 and #17, due to a possible conflict of interest.

 

LICENSES & PERMITS

 

16.  Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Individual Surf Therapy sessions to be held at Second Beach - Surfers End June 2025 through September 2025, Monday through Friday 5:15 pm to 8:30 pm and Saturdays 8:00 am to 10:00 am. (Applicant respectfully requests all fees to be waived)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees, subject to approval from surf concessionaire.

 

17.  Application for Special Event Permit from Gnome, Inc. dba Gnome Surf for Daily Surf Therapy Camp with Fab Newport and Lucy’s Hearth to be held at Second Beach - Surfers End for 6 weeks beginning Monday, July 7, 2025 (Monday through Friday) through August 15, 2025, from 10:00 am to 12:30 pm. (Applicant  respectfully requests all fees to be waived)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees, subject to approval from surf concessionaire.

 

18.  Application for Special Event Permit from Newport Yogis for Newport Yogi’s Full Moon Summer Series, Yoga at Second Beach, Surfers End to be held on Wednesday, June 11, 2025, Thursday, July 10, 2025, Saturday, August 9, 2025 and Monday, September 1, 2025 from 6:00 pm to 9:00 pm. (Applicant requests all fees to be waived.)

 

On motion of Vice President Welch, duly seconded, to grant said Special Event Permit and waive all fees.

 

Council President Rodrigues requests the Town Administrator and Town Solicitor to draft a policy for waving permit fees.

 

Councilor Logan noted that at a prior meeting the discussion was to waive fees for non-profit 501(c)3 organizations.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.

 

19.  Application for Special Event Permit from Pulse Gym & Studios for Pulse Beach Boot Camps at Second Beach (Tuesdays and Thursdays) from Tuesday, May 20, 2025 to Thursday, August 28, 2024, from 5:30 am to 7:30 am.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

20.  Application for a Special Event Permit from Elevate Fitness for Elevate Fitness Beach Boot Camp at Third Beach (Tuesdays and Thursdays) from Tuesday, May 27, 2025 to Thursday, August 28, 2024, from 5:30 am to 7:30 am.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

21.  Application for a Special Event Permit from Butter. Yoga and Pilates for Melt & Move,  Community-building yoga class followed by a sauna session focused on physical recovery and mental reset for all types of athletes in the area, Saturday, April 12th, 2025, 11:30 am set up and 2:00 pm wrap up, Surfer’s End Middletown Beach.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.

 

OTHER COMMUNICATIONS

 

22.  Communication of John Ceglarski, President, Middletown Athletic Boosters, re:  Request for support for the 2025 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.

 

23.  Communication of Matt Sullivan, Vice Chairman Roads and Utilities Advisory Committee, re: Funding for approved granite memorial bench in Paradise Park in honor of Julian “Jay” Peckham, III.

 

On motion of Vice President Welch, duly seconded, to receive said communication and authorize an appropriation of $1,500.00 to be appropriated from the Council President’s Discretionary Fund.

 

Discussion centered around if authorizing an appropriation is setting a precedence and that the application was reviewed by the Citizens Memorial Committee.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and authorize an appropriation of $1,500.00 to be appropriated from the Council President’s Discretionary Fund.

 

24.  Memorandum of Valarie A. Gelb, Chair and Robert M. Silva, Member of the Middletown Economic Development Advisory Committee, re: Atlantic Beach District.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Valarie A. Gelb, Chair of the Middletown Economic Development Advisory Committee, reviewed the memorandum above.

 

Robert M. Silva, Member of the Middletown Economic Development Advisory Committee, addressed the Council reviewing the history of the Atlantic Beach District and TIF legislation created for the Atlantic Beach District area.  Mr. Silva requests the Council to fund the TIF in this years budget.

 

Leon Amarant, Middletown, addressed the Council, noting he is echoing what Valarie Gelb and Robert Silva said.  Mr. Amarant explained that the underground utilities for the Atlantic Beach District has be discussed for several years and funding the TIF shows the Town is committed to the project.

 

Antone Viveiros, Middletown, addressed the Council noting that the Town Council should start from the December 31,2024 year forward and fund the TIF.

 

Stathi Kyriakides, Portsmouth, addressed the Council noting support for TIF, explaining that several businesses are here tonight to support funding the TIF.  Mr. Kyriakides explained that the Atlantic Beach District is the gateway to Middletown.

 

Mike Flynn, Middletown, addressed the Council urging them to support the TIF.  Mr. Flynn also noted that the Easton’s Point Association supports the TIF.

 

Discussion centered around funding the TIF in the upcoming budget, seeking other funding sources to bury the powerlines in the Atlantic Beach District (ABD), getting the actual cost for burying the powerlines, alternatives for burying the powerlines, the area businesses and residents support the TIF and burial of the powerlines and meeting with RI Energy to discuss the project.

 

Item #25 was heard prior to item #2.

 

ORDINANCES

 

25.  COUNCIL ACTION TO WITHDRAW AND FORWARD TO THE PLANNING BOARD FOR REVIEW AND RECOMMENDATION.

(Abutters Notified)

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title XV Land Usage, Chapter 152, Entitled “Zoning Code”,  to add Article 11A entitled “Airport Area Overlay District”, §11A01 Authorization and Purpose, §11A02 Statement of Consistency, §11A03 Administration, §11A04 Definitions, §11A05 Regulatory limitations, §11A06 Continuance of Existing Use, §11A07 Abandonment, §11A08 Variances, §11A09 Special Conditions, §11A10 Appeals, §11A11 Penalties, and §11A12 Conflicting Regulations. (Planning Board recommendation is on file)

 

On motion of Vice President Welch, duly seconded, to withdraw said proposed ordinance and forward to the Planning Board for review and recommendation.

 

Town Solicitor Peter B. Regan explained that the state mandated communities with airports to adopt an Airport Overlay Zoning District. Mr. Regan noted the Town is uncomfortable placing restrictions on private property, and the Planning Board will review the proposal and make recommendations to the Town Council.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw said proposed ordinance and forward to the Planning Board for review and recommendation.

 

Item #28 was acting on at this time.

 

26.  Memorandum of Finance Director thru Town Administrator, re:  Annual Fire Alarm Fee.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

Town Administrator Shawn Brown reviewed the memorandum above.

 

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

An Ordinance in Amendment to the Town Code, Title IX General Regulations, Chapter 91A Fire Alarm Users, Section 91A.02 (D) Alarm User’s Registration Required.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.

 

This item was heard after item #25

 

TOWN ADMINISTRATOR

 

28.  Memorandum of Town Administrator, re: Project Labor Agreement for Middletown Middle-High School Project.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

 

29.  Resolution of the Council, re:  Authorizing the Establishment of a Project Labor Agreement for the Middletown Middle-High School Project.

 

On motion of Vice President Welch, duly seconded, to pass said resolution.

 

Town Administrator Shawn Brown reviewed the memorandum in item #28.

 

Attorney William O’Gara reviewed the Project Labor Analysis in item #28.

 

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

 

30.  (Continued from March 17, 2025, Regular Meeting)

Coastal Resources Management Council Adopt-An-Access Program – Adopt a Spot MOU for various CRMC rights of way.

 

On motion of Vice President Welch, duly seconded, to approve said MOU and authorize the Town Administrator to execute said MOU on behalf of the Town.

 

Melissa Welch, Middletown, addressed the Council, speaking on behalf of the Middletown Coastal Access Alliance, which preserves, protects and maintains rights of way that provide public access to coastal waters.  Ms. Welch reviewed the MOU above.

A vote was taken.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said MOU and authorize the Town Administrator to execute said MOU on behalf of the Town.

 

BOARDS AND COMMITTEES

 

31.  Email resignation of Deanne (Forgue) Reilly, re:  Resignation from the Middletown Outreach Committee.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation with regret.

 

32.  Appointment of one (1) member to the Bicycle and Pedestrian Advisory Committee for a term expiring March 2028.

 

Councilor Connerton nominated Nancy Love Robertson, which was duly seconded.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Nancy Love Robertson to the Bicycle and Pedestrian Advisory Committee for a term expiring March 2028.

 

33.  Appointment of one (1) member to the Board of Canvassers, alternate member, to complete a  term expiring March 2029.

 

Councilor Connerton nominated Thomas Albert Lank, duly seconded.

 

Vice President Welch nominated Chirstine Hole Sullivan, duly seconded.

 

A vote was taken for Thomas Albert Lank; Councilor Connerton and Councilor Logan voted YES to said appointment; FAILED TO PASS

 

A vote was taken for Christine Hole Sullivan; Council President Rodrigues, Vice President Welch, Councilor Roberts, Councilor Turano and Council VonVillas voted YES.

 

Vice President Welch recused himself from acting on the following item of business, item #35, due to a possible conflict of interest.

 

34.  Appointment of  one (1) member to the Coastal Resources Management Council, Middletown Representative, term expiring November 2025.

 

On motion of Councilor Connerton, duly seconded, it was voted unanimously to appoint Melissa Welch to the Coastal Resources Management Council, Middletown Representative, term expiring November 2025.

 

35.  Appointment of two (2) members to the Juvenile Hearing Board, terms expiring April 2028.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint

 

Vice President Welch, nominated Diana Campagna Skaggs;

Vice President Welch, nominated Lisa C. Ruth, reappointment

Council President Rodrigues nominated Barbara Barrow, reappointment

 

A vote was taken for Diana Campagna Skaggs; Vice President Welch and Councilor Roberts voted YES; FAILED TO PASS

 

A vote was taken for Lisa C. Ruth, reappointment; Council President Rodrigues, Vice President Welch, Councilor Connerton, Councilor Logan, Councilor Roberts and Councilor Turano voted YES.

 

A vote was taken for Barbara Barrow, reappointment; Council President Rodrigues, Vice President Welch, Councilor Connerton, Councilor Logan, Councilor Turano and VonVillas voted YES.

 

36.  Appointment of one (1) member to the Roads and Utilities Advisory Committee, resident  member, to complete a term expiring January 2027.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint William J. DiMarco to the Roads and Utilities Advisory Committee, resident  member, to complete a term expiring January 2027.

 

37.  Appointment of one (1) member to the Senior Citizens Board of Directors, to complete a term expiring January 2027.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Virginia Bulcao to the Senior Citizens Board of Directors, to complete a term expiring January 2027.

 

38.  Appointment of four (4) members to the Zoning Board of Review 1 vacancy, regular member, term expiring April 2030, 1 vacancy, regular member, to complete a term expiring April 2026, 1 vacancy, regular member, to complete a term expiring April 2028, 1 vacancy, first alternate, term expiring April 2026, 1 vacancy, second alternate, term expiring April 2026, and 1 vacancy, third alternate, term expiring April 2026.

(The Council may waive the requirement for reappointments to the interviewed; all new applicants shall be interviewed prior to appointment.)

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to have the Town Clerk readvertise for positions on the Zoning Board and hold the current applicant’s applications.

 

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:13 p.m.

           

                                                                                                                         

Wendy J.W. Marshall, MMC

Council Clerk

 

 

 

 

supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Published by ClerkBase
©2026 by Clerkbase. No Claim to Original Government Works.