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 27, 2025 at
5: 31 P.M.
Council President Paul M. Rodrigues, Presiding
Councilor Peter D. Connerton, Sr.
Councilor Christopher M. Logan
Councilor Charles R. Roberts
Councilor Dennis B. Turano, arrives at 5:38 P.M.
Councilor Barbara A. VonVillas, Members Present
Vice President Thomas P. Welch, III, Absent
POSTED JANUARY 21, 2025
REGULAR MEETING JANUARY 27, 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, January 27, 2025 at 5:30 P.M. Executive Session, 6:00 P.M. - Pre-Budget Consultation 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: 889 0757 0710 . or on the web at https://us02web.zoom.us/j/88907570710
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.
ALL ITEMS ON THIS AGENDA WERE PREVIOUSLY SCHEDULED FROM TUESDAY, JANUARY 21, 2025.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (5) Land Acquisition - review, discussion and/or potential action and/or vote in executive session and/or open session.
On motion of Councilor Logan, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:32 p.m.
On motion of Councilor Logan, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:09 p.m.
On motion of Councilor Logan, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
School Committee opened their meeting.
On motion of Vice Chair Heaney, duly seconded, it was voted unanimously to convene the Middletown School Committee meeting.
School Committee Member William Nash called the roll.
Present were School Committee Chair Gregory Huet, Vice Chair Wendy Heaney and Members Tami Holden, William Nash and Theresa Silviera-Spengler
Also, present was Superintendent of Schools William Niemeyer.
6:00 P.M. SCHOOL COMMITTEE - PRE-BUDGET CONSULTATION
2. Pursuant to - “§ 16-2-21 Pre-budget consultation – Annual reports – Appropriation requests – Budgets. – (a) At least sixty (60) days but not more than ninety (90) days prior to the formal submission of the school budget to the appropriate city or town officials by the school committee, there shall be a joint pre-budget meeting between the school committee and the city or town council(s). At or before this meeting:”
(1) “The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates; “
(2) “The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, and any necessary or mandated changes in school programs or operations”.
On motion of Councilor Logan, duly seconded, it was voted unanimously to begin the Pre-Budget Consultation Pursuant to РҤ16-2-21.
3. Communication of Paul M. Rodrigues, Middletown Town Council President, re: Information in accordance with RIGL 16-2-21.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said communication.
4. Receipt of Revenue Manual.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said Revenue Manual.
5. Presentation – Pre-budget Consultation – FY 2026 – Town/School Revenue Conference.
On motion of Councilor Logan, duly seconded, it was voted unanimously to begin said presentation.
School Committee received the following items of business from their agenda:
1. Memorandum of Greg Huet, School Committee Chair, re: Pre-Budget Consultation FY2025-26.
On motion of Vice Chair Heany, duly seconded, it was voted unanimously to receive said memorandum.
2. Presentation – Middletown Public Schools Revenue Conference.
On motion of Vice Chair Heany, duly seconded, it was voted unanimously to being said presentation.
Town Council continued with the following items of business:
6. Memorandum of Greg Huet, School Committee Chair, re: Pre-Budget Consultation FY2025-26.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said memorandum.
7. Presentation – Middletown Public Schools Revenue Conference.
On motion of Councilor Logan, duly seconded, it was voted unanimously to begin said presentation.
Town Administrator Shawn Brown, Finance Director Marc Tanguay and Deputy Finance Director Patrick Guthlein presented a power-point – Pre-Budget Consultation FY2025 Town/School Revenue Conference, which is on file in the Office of the Town Clerk.
Superintendent of Schools William Niemeyer presented a power-point presentation Middletown Public Schools Revenue Conference, which is on file in the Office of the Town Clerk.
Discussion centered around the State funding formula, the Town receiving less funds from the State, the cost of special education, a decrease in student population, but higher needs students; NOA and the Coast Guard will be stationed here which could potentially increase student enrollment, unfunded state mandates, the School Principals are responsible for preparing their budgets and extending after school programs.
On motion of Vice Chair Heaney, duly seconded, it was voted unanimously to adjourn the Middletown School Committee meeting at 7:15 p.m.
On motion of Councilor Logan, duly seconded, it was voted unanimously to recess this meeting at 7:15 p.m.
On motion of Councilor Logan, duly seconded, it was voted unanimously to reconvene this meeting at 7:23 p.m.
Council President Rodrigues requested a moment of silence for the family of Arleen Brown, Town Administrator Shawn Brown’s mother, who recently passed.
8. The Town Administrator will provide an update on:
a. School Building Project
b. Library Building Project
On motion of Councilor Logan, duly seconded, it was voted unanimously to begin the School Building Project and Library Building Project updates.
Town Administrator Shawn Brown reviewed the following update for the School Building Project:
Design Update (attached):
The design team continues to progress with the Construction Documents. 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 have been reconciled to within 2%. The ES Complex construction budget (excluding soft costs) is $10.1M pending a follow up meeting with RIDE.
A thorough investigation of the entire HVAC system at the existing high school has been completed by Bentley Builders and the detailed report has been provided to the SBC and design team (attached).
Budget and Schedule:
The project remains on time and on budget. An updated budget summary and schedule shall be provided at the January 29th SBC meeting.
RIDE:
The 60% construction document submission to RIDE for the MS/HS is scheduled for early February 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. (no changes to this update)
Planning Board:
A special meeting of the planning board to present the preliminary plan has been scheduled for February 26th. (no changes to this update)
The planning board TRC meeting to review the preliminary plan is scheduled for the week of February 10th.
Build RI:
The Town received 3 proposals from attorneys to provide a feasibility study for the PLA, which are under review by the town.
AHJ Permitting:
RIDEM Stormwater Construction Permit application submitted November 13th. An initial feedback meeting has been targeted for January 24th.
RIDOT Physical Alteration Permit Application (PAPA) submitted on January 7th. Comments are expected back from RIDOT late February.
FAA Aeronautical Study feedback is expected by late January.
Town Administrator Shawn Brown reviewed the following update for the Library Building Project:
On motion of Councilor Logan, duly seconded, it was voted unanimously to Act as a Board of License Commission.
9. (Advertised for Public Hearing)
Application of Island Management, Inc. dba Flo’s Clam Shack, 4 Aquidneck Avenue to TRANSFER Class BV Liquor License to Four Aquidneck Opco, LLC dba Flo’s Clam Shack (2024-2025 Licensing year) for use at the same premises.
Public Hearing was declared open.
There being no persons present or on zoom desiring to be heard, the public hearing was declared closed.
On motion of Councilor Logan, duly seconded, it was voted unanimously to grant said license transfer.
10. (Advertised for Public Hearing)
Application of D & H, Inc. dba Coddington Brewing Co. holder of a Class BM Alcoholic Beverage License for premises located at 210 Coddington Highway, to TRANSFER 100% of stock in said corporation.
Public Hearing was declared open.
There being no persons present or on zoom desiring to be heard, the public hearing was declared closed.
On motion of Councilor Logan, duly seconded, it was voted unanimously to grant said license stock transfer.
11. Application of East Main Road Restaurant 88, Inc. dba Mindy’s Galley, 72 East Main Road for a Class BV Alcoholic Beverage License for the (2024-2025 Licensing year) for use at the same premises. (New; Council action to advertise for public hearing and notification to the abutters.)
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said application and advertise for public hearing to be held on February 18, 2025.
On motion of Councilor Logan, duly seconded, it was voted unanimously to reconvene as a Town Council.
12. 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.
Antone Viveiros, Middletown, addressed the Council inquiring if the Town and State have banned plastic bags, why is the Town using single use plastic pay as you throw trash bags?
Town Administrator Shawn Brown will investigate other types of trash bags.
Art Weber, Middletown, addressed the Council noting concern for term limits for the Planning and Zoning Boards. Mr. Weber suggested the Town Council place a charter change question on the next election ballot.
Councilor Logan requested that item #14 be heard under the regular portion of the agenda.
13. Petition of David P. Martland, filed on behalf of Knight Capital, LLC, for an Amendment to the Town’s Zoning Ordinance, Plat 113, Lot 115F to allow for warehousing in the Office Business District. (Council action to forward to the Planning Board for review and recommendation).
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said Petition and forward to the Planning Board for review and recommendation.
14. Memorandum of Town Administrator, re: Adding Ordinance to Regulate Temporary Storage Units on Residential Property. (Planning Board recommendation on file; Memorandum of Town Administrator regarding Planning Board Recommendation on file; Council action to advertise for a future public hearing.)
On motion of Councilor Logan, duly seconded, to receive said memorandum and advertise for a future public hearing.
Antone Viveiros, Middletown, addressed the Council requesting the Council reject the proposed ordinance. Mr. Viveiros explained that people are able to do less with their property with too many restrictions.
Rick Lombardi, Middletown, addressed the Council noting that when he worked in the Zoning Office, he requested that this ordinance be proposed, due to many complaints by residents who had neighbors using temporary storage units for indefinite storage.
Town Administrator Shawn Brown noted that the fee he is recommending is $50.00.
Antone Viveiros, Middletown, addressed the Council requesting that the temporary storage units should be treated like a shed.
A vote was taken.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said memorandum and to advertise for a future public hearing.
15. Communication of Tax Assessor dated January 13, 2025, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said communication.
16. Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Councilor Logan, duly seconded, it was voted unanimously to pass said resolution.
17. Public Hearing Advertised.
Public Hearing Remains Open.
An Ordinance of the Town of Middletown (Second 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 remains open.
Attorney Girard Galvin, representing the applicant, was present to answer Council inquiries.
There being no other person present or on zoom desiring to be heard, the public hearing was declared closed.
On motion of Councilor Logan, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
18. Application of Four Aquidneck Opco, LLC dba Flo’s Clam Shack, 4 Aquidneck Avenue for a Victualling House License for the 2024-2025 licensing year. (NEW)
On motion of Councilor Logan, duly seconded, it was voted unanimously to grant said license, subject to Building Official, Fire Marshal and Board of Health.
19. Application of Four Aquidneck Opco, LLC dba Flo’s Clam Shack, 4 Aquidneck Avenue for an Amusement License for the 2024-2025 licensing year. (NEW)
On motion of Councilor Logan, duly seconded, to grant said license.
Council President Rodrigues inquired if there are any changes to the license or if it will be the same amusement license as it was when held by Flo’s Clam Shack.
Komes Roses, Middletown, addressed the Council noting the amusement license is the same as the one held by Flo’s Clam Shack.
A vote was taken.
On motion of Councilor Logan, duly seconded, it was voted unanimously to grant said license.
20. Application of Umami Buffet, LLC dba Umami Buffet, 872 West Main Road for a Victualling House License for the 2024-2025 licensing year. (NEW)
On motion of Councilor Logan, duly seconded, it was voted unanimously to grant said license, subject to Building Official, Fire Marshal and Board of Health.
21. Communication of St. Patrick’s Day Parade Committee, re: Request for support by placing an ad in the Parade Bulletin or donating to the parade committee.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said communication and approve a full-page ad (cost $250.00) in the St. Patrick’s Day Parade Booklet to be appropriated from the Council President’s Discretionary Fund.
Town Solicitor Peter B. Regan and Town Administrator Shawn Brown recused themselves from the following item of business #22, due to a possible conflict of interest.
22. Memorandum of Police Chief, re: Bliss Mine Road – Response for speed humps.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said memorandum.
Police Chief Jason Ryan addressed the Council reviewing the memorandum above.
Discussion centered around that the Middletown Police Department will do another traffic study in the summer, Councilor Roberts suggested a Town wide traffic study by the Town and a study Island wide study by RIDOT and the Town Administrator will meet with the Police Chief to find a starting point for a town wide traffic study.
23. (Continued from the January 6, 2025, Regular Meeting)
Memorandum of Councilor Turano, re: Discussion of topics.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said memorandum.
Councilor Turano reviewed the list attached to the memorandum above.
24. Memorandum of Town Clerk, re: Appointments requested by the Middletown Local 250th Commission.
Mary Dennis, Secretary of the Middletown Local 250th Commission, addressed the Council reviewing the first meeting held by the commission. Ms. Dennis noted the need for additional members to the committee to assist with organizing and scheduling events for the 250th State Semi-quincentennial in 2026.
On motion of Councilor Logan, duly seconded, it was voted unanimously to receive said memorandum, request the Town Clerk to advertise for additional residents for the Commission, appoint Councilor Connerton as liaison to the Commission, request the Town Administrator to appoint a representative to the commission, request the Superintendent of Schools to appoint a representative to the commission and request the Librarian to appoint a representative to the commission.
25. Appointment of one (1) member to the Affordable Housing Committee for an indefinite term.
On motion of Councilor Logan, duly seconded, it was voted unanimously to appoint Mark Donahue to the Affordable Housing Committee for an indefinite term.
26. Appointment of two (2) members to the Bicycle and Pedestrian Advisory Committee for terms expiring March 2028.
On motion of Councilor Logan duly seconded, it was voted unanimously to reappoint Emily Buck and Patricia Grimes to the Bicycle and Pedestrian Advisory Committee terms ending March 2028.
27. Appointment of one (1) member to the Board of Canvassers for a term expiring March 2030. (Regular Member)
On motion of Councilor Logan, duly seconded, it was voted unanimously to appoint Stacey Andrade (Regular Member) to the Board of Canvassers term expiring March 2030.
28. Appointment of one (1) member to the Economic Development Advisory Committee to complete a term expiring January 2026.
On motion of Councilor Logan, duly seconded, it was voted unanimously to appoint Henry “Rick” Lombardi to the Economic Development Advisory Committee to complete a term expiring January 2026.
29. Appointment of one (1) member to the Library Board of Trustees to complete a term expiring September 2027.
Councilor Logan nominated Ronald G. Heroux, duly seconded, it was voted unanimously to appoint Ronald G. Heroux to the Library Board of Trustees to complete a term expiring September 2027.
30. Appointment of one (1) member to the Middletown Prevention Coalition, Civic volunteer organization sector, for a term expiring April 2027.
On motion of Councilor Logan, duly seconded, it was voted unanimously to reappoint Anne Schultz, civic/volunteer, organization sector of the Middletown Prevention Coalition for a term expiring April 2027.
31. Appointment of one (1) member to the Pension Trust Fund Committee for a term expiring February 2028.
Councilor Logan nominated Martin Capra, duly seconded, it was voted unanimously to appoint Martin Capra to the Pension Trust Fund Committee term expiring February 2028.
32. Appointment of three (3) members 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.)
Art Weber, Chair of the Planning Board, noted that the composition of the board is important with all the current tasks before the Planning Board. Mr. Weber recommends the Council appoint Paul Croce, due to his past history on the Planning Board.
Discussion centered around that if you are on the Planning Board you cannot serve on any other Town committees and Councilor Roberts noted that he is comfortable appointing the current applicants to the Planning Board without an interview.
Town Solicitor Peter B. Regan explained that the Council should take nominations and vote on the nomination in the order in which they were nominated.
Councilor Turano nominated Charles Vaillancourt for reappointment, duly seconded.
Council President Rodrigues nominated Stephen Huttler, Paul Croce and the reappointment of Arthur S. Weber, duly seconded.
Councilor Turano nominated Charles Vaillancourt for reappointment, duly seconded, it was voted to reappoint Charles Vaillancourt to the Planning Board, Councilor VonVillas voted NO to said motion.
Council President Rodrigues nominated Stephen Huttler for appointment, duly seconded, it was voted to appoint Stephen Huttler to the Planning Board; Council President Rodrigues, Councilor Logan and Councilor Turano voted YES; Councilor Connerton, Councilor Roberts and Councilor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
Council President Rodrigues nominated Paul Croce for appointment, duly seconded, it was voted unanimously to appoint Paul Croce to the Planning Board.
Council President Rodrigues nominated Arthur Weber for reappointment, duly seconded, it was voted to reappoint Arthur Weber to the Planning Board; Councilor Connerton, Councilor Roberts and Councilor VonVillas voted YES; Council President Rodrigues, Councilor Logan and Councilor Turano voted NO to said motion; MOTION FAILED TO PASS.
Council President Rodrigues nominated Stephen Huttler for appointment, duly seconded, it was voted to appoint Stephen Huttler to the Planning Board; Council President Rodrigues, Councilor Logan and Councilor Turano voted YES; Councilor Connerton, Councilor Roberts and Councilor VonVillas voted NO to said motion; MOTION FAILED TO PASS.
Council President Rodrigues nominated Arthur Weber for reappointment, duly seconded, it was voted to reappoint Arthur Weber to the Planning Board; Councilor Connerton, Councilor Roberts and Councilor VonVillas voted YES; Council President Rodrigues, Councilor Logan and Councilor Turano voted NO to said motion; MOTION FAILED TO PASS.
This item will be placed on the next Regular docket to appoint the final member of the Planning Board.
33. Appointment of one (1) member to the Roads and Utilities Advisory Committee, professional member, to complete a term expiring January 2027.
Councilor Logan nominated James Delaney, duly seconded, it was voted unanimously to appoint James Delaney to the Roads and Utilities Advisory Committee, to complete a term expiring January 2027.
34. Appointment of three (3) members to the Senior Citizens Board of Directors for terms expiring January 2028.
Councilor Logan nominated Nancy Carroll, Theresa Lacerda, and Elizabeth Morancy, duly seconded, it was voted unanimously to reappoint Nancy Carroll, reappoint Theresa Lacerda and appoint Elizabeth Morancy to the Senior Citizens Board of Directors for terms expiring January 2028.
35. Appointment of one (1) member to the Tree Commission for a term expiring January 2028.
On motion of Councilor Logan, duly seconded, it was voted unanimously to reappoint Karen Barbera to the Tree Commission for a term expiring January 2028.
On motion of Councilor Logan, duly seconded, it was voted unanimously to adjourn said meeting at 8:31 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri