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, February 3, 2025 at
5:30 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
Councillor Barbara A. VonVillas, Members Present
POSTED JANUARY 29, 2025
REGULAR MEETING FEBRUARY 3, 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, February 3, 2025, 5:30 P.M. Presentation - Ethics 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: 851 0467 5351 or on the web at https://us02web.zoom.us/j/85104675351
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. Lynne M. Radiches, Staff Attorney/Education Coordinator – Rhode Island Ethics Commission - Ethics Training.
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.
Lynne M. Radiches, Staff Attorney/Education Coordinator, Rhode Island Ethics Commission, presented a power point presentation regarding Ethics Training, which is on file in the Office of the Town Clerk.
Discussion centered around that the Ethics Commission will answer some questions over the phone and you can call anytime, Public Agencies and Public Employees are not business associates, the meaning of Class Exception (a matter that all members are impacted the same way), if a committee member recuses from discussion of a matter, they should recuse from the vote; if a member recuses from a vote, there should not be any conversation/discussion in their official capacity with staff/members after the meeting, if recused you can speak during the public forum as a regular person (but must be cautious); and a committee member cannot send a lawyer to speak on their behalf before a committee, they must request a hardship exemption.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess this meeting at 6:40 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene at 6:46 p.m.
2. 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 said Town Projects, School Building Project and Library Building Project updates.
Town Administrator Shawn Brown reviewed the School Building Project, Library Project and Town Projects.
School Building Project
Town Administrator Shawn Brown reviewed the following regarding the School Building Project:
The Middletown School Building Project continues to progress on schedule and within budget. The design team is advancing with the Middle-High School Construction Documents, with a 100% completion target for early March. A 60% cost estimate reconciliation meeting was held on January 23rd, and the estimates were reconciled to within 2% of the budget. Similarly, the cost estimates for the Elementary School Complex, which will be located at the current high school site, have also been reconciled within 2% of the budget, with a construction budget of $10.1 million, excluding soft costs.
The project remains on time and within budget. The most recent budget summary and schedule were presented at the January 29th School Building Committee meeting.
For state approvals, the 60% construction document submission for the Middle-High School will be sent to RIDE in early February. The project team will meet with RIDE again to finalize the Elementary School Complex submission after addressing NECHPS requirements.
Regarding local planning approvals, the Planning Board will hold a special meeting on February 26th to review the Preliminary Plan, and the Technical Review Committee will meet the week of February 10th for further discussion.
The Town is also reviewing three proposals from attorneys to conduct a feasibility study on whether a Project Labor Agreement (PLA) is appropriate for this project.
On the permitting side, the RIDEM Stormwater Construction Permit application was submitted on November 13th, and an initial feedback meeting is expected in early February. The RIDOT Physical Alteration Permit application was submitted on January 7th and is currently under review, with comments anticipated by late February. Finally, the FAA Aeronautical Study has been completed, and no marking or lighting modifications will be required for the Middle-High School.
Overall, the project remains on track, and we will continue to keep the Town Council informed as we move forward.
Library Building Project
Town Administrator Shawn Brown reviewed the following regarding the Middletown Library project:
At this stage, the Library is continuing its strategic planning process, which is a required component of the state’s construction reimbursement program. While this is not a direct building update, it is an essential step in securing funding and aligning our long-term vision for library services with the needs of the community.
The Library Building Committee will hold its first meeting on February 6th. At this meeting, we will review the overall project status, discuss construction reimbursement requirements, and establish committee expectations and goals. We will also begin the process of selecting a project manager by reviewing RFQ applications that have been submitted. Additionally, we will determine our regular meeting schedule and select committee leadership to ensure an efficient and structured approach moving forward.
As part of our commitment to transparency and community engagement, we are exploring the possibility of an open house to provide the public with an opportunity to tour the proposed library space and ask questions about the project. This will help us gather feedback and keep residents informed as we move forward.
While there are no major construction updates at this time, progress continues behind the scenes as we work through planning and administrative requirements. I will provide further updates as key milestones are reached.
Town Projects
Town Administrator Shawn Brown addressed the Council noting that the Town website has been updated. The website is better organized/refreshed. There is a button/link for ongoing projects, Department Heads will receive website training and are responsible for updating projects.
Matt Sheley, Public Affairs Officer, was also present to answer Council inquiries.
Discussion centered around Council President Rodrigues requested that construction projects be referenced in the Town Newsletter, new enhancements to the Town website, there will be an interactive map to see what is happening in different areas of the Town and the Department Heads receiving automatic reminders to update their Town projects on the website.
3. 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.
No one spoke during this session.
4. Approval of Minutes, re: Regular Meeting, January 6, 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
5. Memorandum of Arthur S. Weber, Jr., Chairman, Middletown Planning Board, re: Proposed amendments to the Middletown Rules and Regulations Regarding the Subdivision and Development of Land and zoning ordinance, Town Code Chapter 152, necessary to address amendments to state laws adopted in the 2024 General Assembly, bills H7949, H7950, H7982. (Requires Advertising for a future public hearing)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and advertise for a future public hearing.
LICENSES & PERMITS
6. Communication of Recycling Coordinator, Operations & Facility Manager, re: Facility Use Request – Mobile Sauna at Third Beach.
On motion of Vice Present Welch, duly seconded, it was voted unanimously to receive said communication.
7. Application for Facility Use Permit from Finn Woodworking and Design dba Newport Sauna/Elena Soini, Newport, RI for a Mobile Sauna to be parked at the Boat Ramp lot at Third Beach, two parking spaces for two days a week from 9:00 am to 1:00 pm, for winter swimmers/paddlers/plunges, beginning in ASAP through April.
On motion of Vice President Welch, duly seconded, to grant said Facility Use Permit, subject to receipt of Insurance Certificate naming the Town of Middletown Certificate holder, having someone with CPR certification on staff and using the space from now until April 20, 2025.
Vice President Welch inquired if the applicant asked about using First Beach in Newport.
Applicant Elena Soini was present to answer Council inquiries.
Discussion centered around that Ms. Soini did not ask Newport to use First Beach, she chose Third Beach because the beach is protected and there is easy water access, her intention is not to camp out, solicit or create a traffic problem at the beach, set up will be 9-10:00 am and be out by 2:00 pm, Ms. Soini will only charge enough to cover her expenses, this is not a money making venture, people will sign up on line, if there are no sign ups or the weather is not good she will not be at the beach, Elena Soini is aware of the indemnification certificate required and is certified in CPR.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Facility Use Permit, subject to receipt of Insurance Certificate naming the Town of Middletown Certificate holder, having someone with CPR certification on staff and using the space from now until April 20, 2025.
8. Application for Facility Use Permit from Finn Woodworking and Design dba Newport Sauna/Elena Soini, Newport, RI for a Mobile Sauna to be parked at the Boat Ramp lot at Third Beach, two parking spaces for the weekends during the Newport Winter Festival, February 14th through 16th and February 21st through 23rd from 8 am to 3:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Facility Use Permit, subject to receipt of Insurance Certificate naming the Town of Middletown Certificate holder, having someone with CPR certification on staff.
9. Application of Napha Thai Cuisine, LLC, Napha Thai Kitchen, 120 West Main Road, for an Amusement License for the 2024-2025 licensing year. (Music with Thai Dancers) (NEW)
Town Clerk Wendy Marshall noted that the music and dancers will be inside the building.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
10. Public Hearing (Advertised).
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”, §400 Definitions, Article 16 Accessory Family Dwelling Unit §1600 Purpose, §1601 Requirements, §1602 Procedure, §1603 Change of Occupancy. (Planning Board recommendation is on file)
Public Hearing was declared open.
Town Planner Ronald Wolanski addressed the Council reviewing a PowerPoint presentation regarding Accessory Dwelling Units (ADU), which is on file in the Office of the Town Clerk.
Discussion centered around that the ordinance meets minimum requirements, adding an ADU is subject to paying impact fees which address infrastructure usage, the Fire Department would determine if an ADU that is separate from the main home would receive an separate address, if setbacks are needed for an ADU the applicant would have to go to the zoning board for relief, no ADUs are permitted in the front yard and the Zoning Official determines the front yard.
There being no other persons present or on zoom, public hearing will remain open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
11. Public Hearing (Advertised).
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”, Article 14 Motels and Hotels, § 1401 Procedure For Proposed Development, §1402 Development Plan Review, Article 15 Multi-Family Dwelling, §1501 Procedures For Proposed Development, §1502 Development Plan Requirements, Article 18 Shopping Centers, §1801 Procedure For Proposed Development, §1802 Permitted Uses, Article 21 Residential Care And Assisted Living Facilities, §2102 Procedure For Proposed Development, §2103 Development Plan Requirements, Article 22 Senior Independent Living Facilities, §2202 Procedure For Proposed Development, §2203 Development Plan Requirements, Article 23 Mobile Home Parks, §2301 Procedures For Proposed Development, §2302 Development Plan Requirements, Article 24 Transient Trailer Parks, §2402 Procedures For Proposed Development, §2403 Development Plan Requirements, Article 25 Wireless Telecommunications Facilities, §2502 Procedure For Proposed Development, 2503 Development Plan Requirements, §902 Special Use Permits, §719 Mixed Uses Within A Building, Article 17A Community Residents And Family Day Care Homes, §17A01 Requirements, and §17A02 Exemption. (Planning Board recommendation is on file)
Public Hearing was declared open.
Town Planner Ronald Wolanski reviewed the Planning Board recommendation, entered here:
There being no other persons present or on zoom, public hearing will remain open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
12. Public Hearing Advertised.
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XV Land Use, Chapter 152, Entitled “Zoning Code”, § 400 Definitions. (Planning Board recommendation is on file)
Public Hearing was declared open.
Town Planner Ronald Wolanski reviewed the Planning Board recommendation, entered here:
There being no other persons present or on zoom, public hearing will remain open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
13. Communication of Councillor Roberts, re: Update on draft ordinance for Green and Complete Streets.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
Councillor Roberts addressed the Council noting that he has received an update from the Town Solicitor, and he brought the request for update forward after his first meeting with the Bicycle and Pedestrian Advisory Committee. Mr. Roberts noted concern about losing the ability to ride bikes safely on Town streets.
Town Solicitor Peter B. Regan addressed the Council noting that he has sent a draft ordinance to the Town Administrator and Town Clerk for the next agenda. Mr. Regan suggested that the proposed ordinance be sent to the Bicycle and Pedestrian Committee for review and recommendation, then to the Planning Board for review and recommendation.
TOWN ADMINISTRATOR
14. Memorandum of Town Administrator, re: Recommendation to Award Contract for Harbor Management Plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
15. Resolution of the Council, re: Award of contract to Crossman Engineering to assist in the preparation of a Harbor Management Plan and authorizing the Finance Director to execute said 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 #14.
Councillor Roberts inquired if the Town had a Harbor Commission.
Town Administrator Shawn Brown, responding to Councillor Roberts, noted that the Town does not have a Harbor Commission, the Beach Commission will address the Harbor Management Plan. Mr. Brown explained there will be meetings for public input.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
16. Memorandum of Finance Director, re: Financial Report - Six Months ending December 31, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and report.
Finance Director Marc Tanguay reviewed the following slides, entered here:
17. Communication of Accounting Manager, re: FY2025 Quarterly Tax Collector’s Report as of 12/31/2024 – Town of Middletown
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and report.
Finance Director Marc Tanguay reviewed the report above.
18. Communication of Joseph Chaves, Jr., re: Resignation as Trustee on the Alice P. Mayer Trust Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and resignation with regret.
Councillor Welch recused himself from acting on the following item of business #19, due to a possible conflict of interest.
19. Communication of Mason Hawes, re: Recommendation that the Middletown Town Council appoint Tom Welch as trustee to the Alice P. Mayer, Trust.
Town Solicitor Peter B. Regan addressed the Council explaining that the Alice P. Mayer Trust was created in 1900’s to support agriculture in Middletown. Mr. Regan noted it is a private trust separate from the Town and the Town Council has the authority to appoint trustees to the Trust when needed.
On motion of Councillor VonVillas, duly seconded, it was voted unanimously to receive said communication and appoint Tom Welch as trustee to the Alice P. Mayer Trust.
20. Email communication of Eric Kirton, re: Resignation from the Zoning Board of Review.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and resignation with regret.
21. Email communication of Paul A. Croce, re: Resignation from the Roads & Utilities Advisory Committee.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and resignation with regret.
22. (Continued from the January 27, 2025 Meeting of the Council)
Appointment of one (1) member to the Planning Board for terms expiring February 2028. (The Council may waive the requirement for reappointments to the interviewed; all new applicants shall be interviewed prior to appointment.)
Vice President Welch nominated Mr. Huttler (There was no second)
Councillor Logan requested that Mr. Hutlter be interviewed prior to the Council appointing a member to the Planning Board.
Vice President Welch withdrew his nomination.
Council President Rodrigues requested the Town Clerk to contact Mr. Huttler for an interview to be held on Tuesday, February 18, 2025.
On motion of Councillor Logan, duly seconded, it was voted unanimously to continue this item to Tuesday, February 18, 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:52 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri