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 21, 2025 at
5:31 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councillor Peter D. Connerton, Sr.
Councillor Christopher M. Logan
Councillor Charles R. Roberts
Councillor Dennis B. Turano, Arrives at 5:40 p.m.
Councillor Barbara A. VonVillas, Members Present
POSTED APRIL 16, 2025
REGULAR MEETING APRIL 21, 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 21, 2025, 5:30 P.M. Executive Session, 6:00 P.M. Presentation Middletown Economic Development Advisory Committee 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: 880 1279 6358 or on the web at https://us02web.zoom.us/j/88012796358
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) Collective Bargaining (Council 94), (2) Potential Litigation and (5) Lease/MOU (West Main Road), - 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 5:33 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:00 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Council 94 union contract.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Friends of the Library MOU for term July 1, 2025 to June 30, 2026 and authorize the Finance Director 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.
2. Middletown Economic Development Advisory Committee, re: Atlantic Beach District – Balance Cost And Funding – Future Vision.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Valarie Gelb, Chair Middletown Economic Development Committee, presented a power point presentation of the Atlantic Beach District Future Vision, which is on file in the Office of the Town Clerk. Ms. Gelb also presented the Town Council with a handout, entered here:
Stathi Kyriakides, Portsmouth, addressed the Council noting support for the TIF, explaining the importance of the project, including the benefits and safety of burying the utility lines in the Atlantic Beach District. Mr. Kyriakides requested the Town Council to support the TIF.
Candice KortKamp Marshall, employee of the Kyriakides, addressed the Council in support of the project, explaining the improvements will help the Atlantic Beach District area.
Discussion centered around the Council requesting the cost of the project, RI Energy providing more options for consideration other than burying the electric lines, private funding for the project, Senator DiPalma assisting with the project and the amount of construction the Atlantic Beach area has incurred.
Kirby Conheeny Arsenault, Saunderstown, addressed the Council in support of the Atlantic Beach District project. Ms. Arsenault explained that it will be a homey community feeling in the area similar to Broadway in Newport.
Council President Rodrigues requested a moment of silence for Joe Garcia, lifetime resident of Middletown who served on the Middletown Fire Department for 28 years.
On motion of Vice President Welch, duly seconded, it was voted unanimously to act as a Board of License Commission.
3. (Public Hearing Advertised)
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.
Public Hearing was declared open.
Attorney Craig Sampson was present to answer Council inquiries. Mr. Sampson noted that the applicant is not changing anything, including the menu.
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 transfer.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
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.
Michael Flynn, Middletown addressed the Council reading the following into the record.
“There have been Planning Board public hearings, Town Council public hearings, and Citizens Advisory Committee meetings for public input on what Middletown residents want in a town center. A resident-defined town center is described in both the Middletown Comprehensive Plan and in the Middletown Request For Information, sent to developers asking for input on how to deliver what the residents want.
Yet, the Developer Agreement authorized by Town Council, and zoning changes being requested by the developer, result in a town center that doesn’t look anything like what residents want. The library/community center: removed. Pottsy Field memorial land: desecrated. Middletown residents: trivialized. Middletown: disappearing.
We are here to remind residents to please attend the meeting at Gaudet School at 6pm on April 24th and to Request That Town Council Deliver The Town Center That Residents Were Told Would Be Delivered, And To Keep Middletown: Middletown!
Council President Rodrigues requested that item #6 be heard under the regular portion of the agenda.
5. Approval of Minutes, re: Special Meeting, March 31, 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
6. Resolution of the Council, re: Proclaiming May 4-10, 2025, as National Small Business Week in the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues read the Proclamation above into the record and noted the importance of small businesses in the community.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
7. Petition of Narragansett Electric and Verizon New England, Inc. to relocate a pole Perry Avenue Relocate P2 to property line. (Council action to forward to Roads and Utilities Advisory Committee for review and recommendation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said petition and forward to the Roads and Utilities Advisory Committee for review and recommendation.
8. Application of Laurin Enterprises dba Gold’s Auto Wrecking Co., 113 Fenner Avenue, for RENEWAL of a Junk Dealer’s 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. Application of Liyi Li and Lifeng Guo dba Ching Tao Chinese Restaurant, 268 West Main Road for a Victualling House License for the 2024-2025 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.
10. Applications for Special Event Permits, six (6) events, from Audrain Auto Museum for the Cars and Coffee (Community gathering for local car enthusiasts) at Second Beach parking lot on the following dates listed below:
§ Sunday, April 27th, 2025 – 8:00 am to 10:00 am
§ Sunday, May 11th , 2025 – 8:00 am to 10:00 am
§ Sunday, September 21st, 2025 – 8:00 am to 10:00 am
§ Sunday, October 19th , 2025 – 8:00 am to 10:00 am
§ Sunday, October 26th , 2025 – 8:00 am to 10:00 am
§ Sunday, November 9th, 2025 – 8:00 am to 10:00 am
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
11. Application for Special Event Permit from Love Defeats Fear Yoga, Third Beach Yoga, all levels public yoga class held on Third Beach on Tuesdays and Thursdays beginning July 1st, 2025, to September 30th, 2025, from 6:00 pm to 7:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
12. Application for Special Event Permit from Newport County YMCA Aquatics Department for August outdoor swimming lessons to be held at Third Beach, Tuesdays, Wednesdays and Thursdays beginning August 5, 2025, to August 28, 2025, from 10:00 am to 12 noon.
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Town Administrator Shawn Brown noted that the YMCA has its own designated area for the lessons, staffs a lifeguard and provides insurance.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
13. Application for Special Event Permit from Small Wave Sauna, LLC for Small Wave Sauna, Mobil sauna business parked next to shower at Surfer’s End, for Off Season Weekends (September 2025 to April 2026) and occasional weekday popups (ex. Friday sunset).
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Ellery Sparkman was present to answer Council inquires.
Discussion centered around the dates requested for the permit, if the Town Council decides to extend the beach season, the permit will start once the beach closes and the price of the permit.
Motion was amended and voted on at this time.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit, beginning the Saturday after the beach closes for the season.
14. Application for Special Event Permit from Middletown Public Schools – Class of 2025 for Senior Class of 2025 Night, Food Trucks, Bon Fire and Music at Third Beach on Thursday, May 29, 2025, from 6:30 pm to 10:30 pm. (Applicant respectfully requests all fees be waived)
Town Administrator Shawn Brown requested this item be continued to the next regular meeting.
On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this item to the next regular meeting to be held on May 5, 2025.
15. Application for Special Event Permit from Aquidneck Community Table for the Aquidneck Community Table Saturday Farmer’s Market to be held at the Newport County YMCA, 792 Valley Road, beginning Saturday, May 3, 2025, through Saturday, October 25, 2025, from 9:00 am to 12:00 pm, includes a request to waive permit fee. (This application is for a change of location; original permit was granted on March 17, 2025, for 110 Enterprise Drive.)
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit change of location.
Terrence Geary, representing Aquidneck Community Table, was present to answer Council inquires.
Discussion centered around that the Aquidneck Community Table (ACT) is partnering with the YMCA, ACT expects more foot traffic at the YMCA location and ACT has secured parking in the Industrial Park for the Farmers Market.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit change of location.
16. Communication of Tracey Pontes, Looking Upwards, Fundraising Committee, re: Request for support by sponsoring a tee sign for the 27th Annual Golf Tournament fundraiser. (Annual request)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and sponsor a tee sign in the amount of $150.00 to be appropriated from the Council President’s Discretionary Fund.
17. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in Amendment to the Town Code, Title IX General Regulations, Chapter 91A, Section 02 Alarm User’s Registration Required, (D).
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
Town Administrator Shawn Brown recused himself from acting on the following items of business #18 and #19, due to a possible conflict of interest.
18. Memorandum of Finance Director, re: Project Manager Library Renovation at 110 Enterprise Center.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
19. Resolution of the Council, re: Approving the recommendation of Downes Construction as the owner project manager for the Library Renovation at 110 Enterprise Center, approval of funding and authorizing the Finance Director to execute an agreement on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum in item #18.
Discussion centered around reimbursement from the state, requesting the RI General Assembly to amend legislation to increase reimbursement of building costs for libraries, the interviews for the applicants for the Owner Project Manager for the Library renovations, Downes Construction has done similar construction work and determining if part of 110 Enterprise center will be used for Town office space.
Don Morin, representing the Library Building Committee, addressed the Council noting that the Owner Project Manager will be producing the estimated renovation costs. Mr. Morin reviewed the process followed to appoint the Owner Project Manager of Library Renovations and explained that more information will be provided in a few months, explaining the budget for the project will be forthcoming.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
20. Memorandum of Finance Director, thru Town Administrator, re: Solid Waste and Recycling Services Agreement – RI Resource Recovery Corp. FY2026-FY2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
21. Resolution of the Council, re: Approving Solid Waste and Recycling Services Agreement – RI Resource Recovery Corp. FY2026-FY2027 and authorizing the Finance Director to execute said purchase on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Finance Director Marc Tanguay reviewed the memorandum in item #20.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
22. Memorandum of Finance Director, thru Town Administrator, re: RFP – Development Impact Fees – Fee Schedule Update.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
23. Resolution of the Council, re: Award of contract for Development Impact Fee Schedule Update to DTA and authorize the Finance Director to execute the contract on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Town Administrator Shawn Brown reviewed the memorandum in item #22.
Town Planner Ronald Wolanski was present to answer Council inquiries.
Discussion centered around that Accessory Dwelling Units are not currently considered Affordable Housing within the Impact Fee Ordinance, the process/study will take three to four months and then the Council can amend the Impact Fee Ordinance.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
24. Memorandum of Town Administrator, re: Request for Authorization to Pursue Hotel Tax Legislation.
On motion of Vice President Welch, duly seconded, to receive said memorandum and authorize the Town Administrator and Solicitor to engage with our State delegation to have legislation drafted and submitted, enabling the Town the authority to increase the Hotel Tax Legislation up to an additional 2% and authorize the Town Administrator and Solicitor to reach out to other communities that may be interested in similar legislation to solicit their support.
Town Administrator Shawn Brown reviewed the memorandum above.
Discussion centered around the change in hotel tax legislation would produce additional revenues for the Town and the Town Council can restrict the funding received if they wish, otherwise the money will be placed in the general fund.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and authorize the Town Administrator and Solicitor to engage with our State delegation to have legislation drafted and submitted, enabling the Town the authority to increase the Hotel Tax Legislation up to an additional 2% and authorize the Town Administrator and Solicitor to reach out to other communities that may be interested in similar legislation to solicit their support.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:32 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri