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, January 6, 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
Councillor Barbara A. VonVillas, Members Present
POSTED DECEMBER 31, 2024
REGULAR MEETING JANUARY 6, 2025
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, January 6, 2025, 5:30 P.M. Executive Session, Legislative Agenda, Presentation 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: 843 3206 2546 or on the web at https://us02web.zoom.us/j/84332062546
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), (1) Personnel (Police Chief), Collective Bargaining (NEARI/Town Hall), Collective Bargaining (NEARI/Teachers), Collective Bargaining (NEARI/Teachers Aides), Collective Bargaining (NEARI/Library), Collective Bargaining ( Council 94), Collective Bargaining (IAFF), Collective Bargaining (FOP) and Collective Bargaining (TEAMSTERS) - review, discussion and/or potential action and/or vote in executive session and/or open session.
Vice President Welch noted that Chief Jason Ryan was notified in writing Pursuant to RIGL 42-46-5 (a) (1).
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 6:08 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Police Chief’s contract.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive correspondence and authorize the Town Administrator, Attorney Ragosta and the Deputy Finance Director to negotiate with the Teamsters Union.
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.
IMMEDIATELY FOLLOWING EXECUTIVE SESSION
2. Town’s Legislative concerns to be addressed at the 2025 session of the General Assembly - with the Town’s General Assembly Delegation. (No documentation)
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin discussion regarding the Town’s Legislative concerns to be addressed at the 2025 session of the General Assembly with the Town’s General Assembly Delegation.
Present were Senator Louis P. DiPalma, State Representative District 72 Terri-Denise Cortviend, Representative District 74 Alex Finkelman and Rick McAuliffe, contract lobbyist for the Town.
Discussion centered around the State Budget shortfalls (Medicaid, Education, Housing and no additional funding for Municipalities), the education state funding formula, affordable housing locally and throughout the state, Naval Station Newport bringing additional personnel to Aquidneck Island, traffic on Aquidneck Island, infrastructure grants and the need to be prepared for potential future Base Realignment Closure (BRAC) discussions.
On motion of Vice President Welch, duly seconded it was voted unanimously to discuss item #23 at this time.
On motion of Vice President Welch, duly seconded it was voted unanimously to continue item #35.
3. Memorandum of Town Planner, thru Town Administrator, re: RIPTA Safe Streets and Roads for All (SS4A) Grant & Middletown Safety Action Plan.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin said presentation.
Town Planner Ronald Wolanski reviewed the memorandum above.
Shawna Kitzman, Project Manager, and Quinn Molloy, Project Planner, the Toole Design Team, were present to answer Council inquiries.
Shawna Kitzman, Project Manager, presented a PowerPoint presentation, SS4A, Safe Streets for All, which is on file in the Office of the Town Clerk.
Discussion centered around the safety of Town roadways and traffic enforcement on the roadways.
4. Resolution of the Council, re: Adopting a Vision of Zero Policy.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Council President Rodrigues requested a moment of silence for Reginald Nalle, Middletown Graduate class of 1966, Captain on the Newport Fire Department and on various Boards/Committees.
TOWN UPDATES
5. The Town Administrator will provide an update on:
a. Town Projects
Town Administrator Shawn Brown reviewed the following memorandum, entered here:
Town Administrator Shawn Brown reviewed the following:
Design Update:
The design team continues to progress with the Construction Documents and provided an interior space design update at the December 18th SBC meeting (attached), which included details of the Multi-Purpose Auditorium. 60% CD drawings and specifications for the MS/HS were released to Gilbane Building Company and the 3rd Party estimator on December 16th and a page turn was held on December 20th. Estimates are due January 17th and the initial estimate reconciliation meeting is scheduled for January 23rd.
The estimates for the 60% CD drawings and specifications for the ES Complex (Existing HS) were preliminarily reconciled by Bentley Builders, the 3rd Party estimator, and the consultant team on December 19th. A follow up reconciliation meeting is scheduled for January 6th.
A through investigation of the entire HVAC system at the existing high school has been completed by Bentley Builders and a detailed report is forthcoming.
Budget and Schedule:
The project remains on time and on budget. An updated budget summary and schedule are attached.
RIDE:
The 60% construction document submission to RIDE for the MS/HS is still scheduled for January 2025.
The project team will meet again with RIDE regarding the NECHPS information for the ES Complex following the MS/HS submission to finalize the ES Complex submission.
Planning Board:
A special meeting of the planning board to present the preliminary plan has been scheduled for February 26th.
Fire Safety Code Board:
The state fire safety board voted unanimously to approve the equivalency request for the use of window sprinklers in lieu of fire-rated glass at interior windows at a hearing on December 3rd. (No change from last update)
Build RI:
The Town released an RFP for the PLA feasibility study December 22nd with proposals due January 15th.
Town Administrator Shawn Brown reviewed the following memorandum, entered here:
Enter memo
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.
6. 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.
John Bagwill, Middletown, addressed the Council reviewing the following handouts regarding the Purgatory Road Sidewalk construction, entered here:
Mr. Bagwill urged the Council to take a wholistic view of the area and to set up a separate meeting to reconsider bike safety for the area.
Councillor Dennis Turano addressed the Council inquiring about who regulates non-partisan elections guidelines and wanting to prepare for the 2026 Election. Mr. Turano would like the issue to be placed on an upcoming docket. Dennis Turano noted concern with a flyer that was sent to voters by the Democratic party and requests the Democratic party to make a public apology for election interference.
Town Solicitor Peter Regan explained that the Town Council has no authority regarding this matter and first amendment rights allow freedom of speech.
Councillor Roberts requested item #8 be heard under the regular portion of the agenda.
7. Approval of Minutes, re: Regular Meeting, December 16, 2024.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Proposed Amendment to the Zoning Ordinance, Section 1208 Exempt Signs, Window signs – Non-illuminated. (Council action to forward to the Planning Board for review and recommendation.)
On motion of Vice President Welch, duly seconded, to receive said proposed amendment and forward to the Planning Board for review and recommendation.
Councillor Roberts inquired why there is a limit on signs and does not want this ordinance to hurt businesses.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said proposed amendment and forward to the Planning Board for review and recommendation.
9. Memorandum of Finance Director, re: Surplus Playground Equipment from Howland Park & Linden Park.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
10. Resolution of the Council, re; Surplus Playground Equipment from Howland Park & Linden Park.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
11. Application for Special Event Permit from The Saltwater Edge – Striper Kickoff- Custom Saltwater Fishing Lure Show, Saturday, April 5, 2025 from 7:00 am to 3:00 pm to be held at 1315 West Main Road.
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 RI Army National Guard for the Rhode Island National Guard Best Warrior Competition – 12 Mile Ruck March to be held on Saturday, April 10, 2025, 7:00 am to Noon at 769 Sachuest Point Road. (Applicant respectfully requests all fees be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit and waive all fees.
13. Memorandum of Recycling Coordinator, Operations & Facility Manager, re: Facility Use Request – mobile sauna.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Will Cronin Recycling Coordinator, Operations & Facility Manager addressed the Council reviewing the memorandum above.
14. Application for Facility Use from Ellery Sparkman for Sachuest Sauna and Cold Plunge, mobile sauna parked @ Surfer’s End, customers pay for 1 hour session of swimming in ocean & sauna, weekends beginning in April from opening until dark to be located at Surfer’s End Parking Lot, sauna would take up 1-2 parking spaces.
On motion of Vice President Welch, duly seconded, to grant said Facility Use Permit.
Ellery Sparkman, Providence, addressed the Council reviewing the area of surfers’ end that she would like to use to park her mobile sauna.
Discussion centered around commercial uses at the beach, fee structure for the mobile sauna, liability to the Town, the need for a certificate of insurance from the applicant, there are health benefits to having a sauna, having an EMT present and possibly using Third Beach instead of Second Beach.
A vote was taken and amended by Vice President Welch
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.
15. Public Hearing Advertised.
An Ordinance of the Town of Middletown (First Reading)
An Ordinance in Amendment to the Town Code Title XV, Chapter 152, Entitled “Zoning Code”, § 602. Schedule of District Regulations and § 902(A) (g) Recreational. (Planning Board recommendation is on file)
Public Hearing was declared open.
Attorney Girard Galvin, representing the applicant, addressed the Council explaining that he is present to answer Council inquiries. Mr. Galvin reviewed the Planning Board recommendation.
Discussion centered around the only changes are in the use table, there is a plan to protect residents behind the property and plans will all have to be reviewed to meet all Town requirements.
There being no other persons present desiring to be heard, public hearing remains open.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
16. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code Title IX General Regulations, Chapter 96 Tree Preservation and Protection, Section 96.03 Public Shade Trees, Section 96.05 General Provisions (F) Enforcement, Section 96.06 Public Shade Tree Priority.
On motion of Vice President Welch, duly seconded, it was voted unanimously to move the word “are” in Section 96.03 from before or public property, to after or public property.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.
Town Solicitor Peter B. Regan recused himself from the following item #17, due to a possible conflict of interest.
17. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code Title IX General Regulations, Chapter 98, entitled Short-Term Rental Leases is hereby amended by amending Section 98.02 Definitions.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
18. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code Title III Administration, Chapter 32 Departments, Boards and Commission, Chapter School Building Committee, Section 32.95 School Building Committee (C) Organization, officers and (E) Duties and responsibilities (2).
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
19. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code Title III, Administration Chapter 32, Entitled “Departments, Boards and Commissions” is amended by adding a new Section 32.96 entitled “Library Building Committee”.
On motion of Vice President Welch, duly seconded, to amend under B Creation, Membership Duties, after the word engineering, add the verbiage “interior design”.
Town Solicitor Peter B. Regan noted that the amendments are adding additional language under the membership and the amendments follow the School Building Committee charge. Mr. Regan explained the ordinance helps maximize reimbursement from the State to the Town for the construction.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend under B Creation, Membership Duties, after the word engineering, add the verbiage “interior design”.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend under E Duties & Responsibilities in the second paragraph, replace the verbiage in the last line “Library Director’s designee” with “Secretary of the Committee”.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.
20. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code Title VII Traffic Code, Chapter 75, entitled “Traffic Schedules”, Schedule V entitled “School Zones”, is hereby amended by adding an additional school zone.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend, under Speed Limit “MPG” to “MPH”.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.
21. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code Title III, Administration, Chapter 36, Entitled “Fee Schedule”. (B) Building/Zoning, (3) Construction Permit Fees - All Building, Demolition/Moving, Electrical, Plumbing, Mechanical and Sign Permits.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
22. Memorandum of Councillor Turano, re: Councillor Welch’s email.
On motion of Vice President Welch, duly seconded, it was voted to receive said memorandum; Councillor Connerton voted NO to said motion.
Councillor Turano reviewed the memorandum above.
Councillor Turano noted that he never reached out to the School Department to see what supplies and equipment the school needed.
Councillor Turano read the following into the record:
Discussion centered around following the proper procedures when requesting information from the schools.
The following item was heard after item #2.
23. Memorandum of Vice President Welch, re: Support for Gaudet Middle School 7th Grade NYC Broadway Trip.
On motion of Vice President Welch, duly seconded, to receive said memorandum and authorize a contribution in the amount of $1,500.00 allocated from the Council President’s Discretionary Fund.
Marly Perry, 7th Grade Gaudet School Student, addressed the Council explaining the trip will be an incredible educational experience and requests the Council support.
Alana Rodrigues, 7th Grade Gaudet School Student, addressed the Council explaining that the trip would be a great opportunity and requests Council support.
Gaudet School ELA Teachers Sophia Perrotti and Amanada Budzyna addressed the Council requesting support for the New York Trip. Ms. Perrotti and Ms. Budzyna reviewed the fund-raising efforts and funding needed for the trip.
Councillor Connerton amended the motion above to authorize a contribution in the amount of $3,000.00, duly seconded, it was voted unanimously to allocate the funding from the Council President’s Discretionary Fund.
Item # 3 was heard at this time.
24. Memorandum of Council President Rodrigues and Vice President Welch, re: Recent Mailer – Tiered Tax Program.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues reviewed the memorandum above.
Vice President Welch noted that the form is on colored paper and easy to spot.
Town Administrator Shawn Brown reviewed the following:
Mr. Brown also noted that he will be working with the Public Relations Officer to get the word out to the taxpayers regarding the forms.
25. Memorandum of Councillor Turano, re: Discussion of topics.
On motion of Councillor Turano, duly seconded, it was voted unanimously to continue this item to the next docket.
26. Memorandum of Town Planner, re: Consultant Selection Recommendation: Engineering Services – Development Plan Review & On-Call Engineering Services MIDD-025-001.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
27. Resolution of the Council, re; Bid award for Engineering Services – Development Plan Review & On-Call Engineering Services MIDD-025-001 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 above.
Discussion centered around the contract for on-call engineering assists the Town Planner and the rates are in the contract.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
28. Communication of Accounting Manager, re: FY2025 Quarterly Tax Collector’s Report as of 09/30/2024 – 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 following:
29. Appointment of four (4) members to the Beach Commission for terms expiring November 2026.
On motion of Councillor Connerton, duly seconded, it was voted to reappoint Mark Donahue to the Beach Commission for a term expiring November 2026; Councillor Roberts voted NO to said motion.
On motion of Councillor Connerton, duly seconded, it was voted to reappoint Kevin O’Connor to the Beach Commission for a term expiring November 2026; Councillor Roberts voted NO to said motion.
On motion of Councillor Connerton, duly seconded, it was voted to reappoint Charlene Rose -Cirillo to the Beach Commission for a term expiring November 2026; Vice President Welch and Councillor Roberts voted NO to said motion.
On motion of Councillor Connerton, duly seconded, it was voted to reappoint Morrie William Seiple to the Beach Commission for a term expiring November 2026; Councillor Roberts voted NO to said motion.
30. Appointment of four (4) members to the Open Space and Fields Committee for terms expiring November 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Allan Gray, Thomas D. O’Neill, Sara Poirier and Edward F. Rizy to the Open Space and Fields Committee for terms expiring November 2027.
31. Appointment of one (1) member to the Outreach Committee for an indefinite term.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Veronica Bourget to the Outreach Committee for an indefinite term.
32. Appointment of one (1) member to the Personnel Board for a term expiring December 2027.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reappoint Ann F. Johnson to the Personnel Board for a term expiring December 2027.
33. Appointment of one (1) member to the Tax Exploration Committee, term to be determined.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Antone Viveiros; Councillor Connerton, Councillor Logan and Councillor Turano voted NO to said motion.
34. Council Representation on various Boards and Committees.
On motion of Vice President Welch, duly seconded, it was voted unanimously to appoint Council President Rodrigues and Councillor Turano as liaisons to the Affordable Housing Committee, to appoint Councillor Turano as liaison to the Aquidneck Island Planning Commission, appoint Council President Rodrigues, Councillor Logan and Councillor VonVillas as members of the Audit Committee, to appoint Council President Rodrigues and Councillor Connerton as liaisons to the Beach Commission, to appoint Councillor Roberts as liaison to the Bicycle and Pedestrian Advisory Committee, to appoint Councillor VonVillas as a member to the Citizens Memorial Committee, to appoint Council President Rodrigues and Councillor Roberts as members of the Comprehensive Community Plan Committee, to appoint Councillor Logan and Councillor Roberts as members of the Economic Advisory Committee, to appoint Councillor VonVillas as liaison to the Library Board of Trustees, to appoint Council President Rodrigues and Vice President Welch as members of the Library Building Committee, to appoint Councillor Turano and Councillor Logan as liaisons to the Middletown Outreach Committee, to appoint Councillor Roberts as liaison to the Middletown Prevention Coalition, to appoint Councillor Connerton as a member of the Newport and Bristol County Convention and Visitors Bureau, to appoint Vice President Welch and Councillor Roberts as liaisons to the Open Space and Fields Committee, to appoint Councillor Connerton as liaison to the Pension Trust Fund Investment Committee, to appoint Vice President Welch as liaison to the Roads/Utilities Advisory Committee, to appoint Councillor Connerton and Councillor VonVillas as liaisons to the School Building Committee and to appoint Councillor Turano as liaison to the Tax Exploration Committee.
On motion of Councillor Connerton, duly seconded, it was voted unanimously to sunset the Short-Term Rental Sub-Committee.
Item #35 was heard after item # 23
35. Rules of the Council.
On motion of Vice President Welch, duly seconded to adopt said Council Rules.
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw the above motion.
On motion of Councillor Connerton, duly seconded, it was voted unanimously to continue this item to the February 18, 2025, Regular Meeting of the Council.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:51 p.m.
Wendy J.W. Marshall, MMC
Council Clerk