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, March 3, 2025 at
5:00 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, arrives at 5:12 p.m.
Councillor Dennis B. Turano, arrives at 5:05 p.m.
Councillor Barbara A. VonVillas, Members Present
Solicitor Peter Skwirz was present to answer Council inquiries.
POSTED FEBURARY 26, 2025
REGULAR MEETING MARCH 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, March 3, 2025, 5:00 P.M. Joint Meeting with the School Committee, Executive Session and 6:30 P.M. Regular Meeting at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person, by telephone conference call/ webinar, members of the public may access and listen to the meeting in real-time by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 893 7194 4573 or on the web at https://us02web.zoom.us/j/89371944573
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.
JOINT MEETING WITH THE SCHOOL COMMITTEE – 5:00 P.M.
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 and William Nash. Theresa Silviera-Spengler was absent.
Also, present was Superintendent of Schools William Niemeyer.
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Potential Litigation, (2) Collective Bargaining (NEARI/Library) and (1) Personnel (Deputy Police Chief) - review, discussion and/or potential action and/or vote in executive session and/or open session.
Vice President Welch noted that Deputy Police Chief Clifford McGregor 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 5:03 p.m.
On motion of Vice Chair Heaney, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:03 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:28 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Deputy Police Chief’s contract and authorize the Town Administrator and Town Council President to execute said contract.
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.
School Committee reconvened:
On motion of Vice Chair Heaney, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:29 p.m.
On motion of Vice Chair Heaney, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.
School Committee received the following items of business from their agenda:
2. Memorandum of Middletown Public Schools Superintendent, re: Recommendation to Retain Pannone, Lopes, Devereaux & O’Gara, LLC. for Project Labor Agreement Feasibility Study.
On motion of Vice Chair Heaney, duly seconded, it was voted unanimously to receive said memorandum.
3. Resolution of the School Committee, re: Award of agreement to Pannone, Lopes, Devereaux & O’Gara, LLC and authorize the Town Administrator to execute the agreement.
On motion of Vice Chair Heaney, duly seconded, it was voted unanimously to pass said resolution.
On motion of Vice Chair Heaney, duly seconded, it was voted unanimously to adjourn the Middletown School Committee meeting at 6:33 p.m.
Town Council items were acted on at this time.
2. Memorandum of Town Administrator, re: Recommendation to Retain Pannone, Lopes, Devereaux & O’Gara, LLC. for Project Labor Agreement Feasibility Study.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
3. Resolution of the Council, re: Award of agreement to Pannone, Lopes, Devereaux & O’Gara, LLC and authorize the Town Administrator to execute the agreement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
4. At the request of Councillor Connerton, Resolution of the Council, re: Proclaiming March 3, 2025 as Evan Smith Day in the Town.
Council President Rodrigues and Councillor Connerton presented the proclamation and gift to Mr. Smith.
Councillor Connerton read the following into the record from Rocky Kempenaar.
Councillor Connerton read the resolution above into the record.
Evan Smith thanked the Council for the Proclamation and gifts. Mr. Smith noted it was a pleasure working with the Middletown representatives on the Discover Newport Board and the Town Staff.
5. Memorandum of Town Planner, re: Presentation – Paige Myatt, Director of Climate Resilience, Aquidneck Island Land Trust - Update of Growing Regional Resilience Coordination on Aquidneck Island.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Paige Myatt, Director of Climate Resilience, Aquidneck Island Land Trust, presented a power- point presentation Growing Regional Resilience Coordination on Aquidneck Island, which is on file in the Office of the Town Clerk.
Discussion centered around if Aquidneck Island Land Trust has studied the traffic on the Aquidneck Island and the AIPC works closely with traffic engineers, but has not reviewed the effect of traffic on resiliency for Aquidneck Island.
6. Memorandum of Town Planner, re: Presentation of Atlantic Beach District Streetscapes Project 30% Design Plans.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and begin presentation.
Shawn Giatas, Project Engineer, VHB was present to answer Council inquiries and presented a Power Point presentation Aquidneck Avenue Streetscapes 30% Plans, which is on file in the Office of the Town Clerk.
Discussion centered around the location of the sidewalk that runs to the Newport UV treatment plant, getting updated pricing to underground utility lines in the Atlantic Beach District from RI Energy, and the option of consolidating overhead utility lines and relocating utility poles in the area.
Valarie Gelb, Middletown, MEDAC Chair, addressed the Council noting support for the project to go to the 90% planning phase. Ms. Gelb noted it is important for the businesses and residents in the area to bury the utility lines. Ms. Gelb explained the need to reinstate the funding of the TIF for the area which could assist in the expense of burying the utility lines. Valarie Gelb also noted support for the idea of a proposed boardwalk along Easton’s Pond.
On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize to proceed to 90% design plans for the Atlantic Beach District Streetscapes project design plans.
Assistant Town Solicitor Michael Monti arrived at 7:35 pm.
Solicitor Peter Skwirz left the meeting at 7:36 pm.
7. The Town Administrator will provide an update on:
a. Town Projects
b. School Building Project
c. Library Building Project
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Town Projects, School Building Project and Library Building Project updates.
Town Administrator Shawn Brown reviewed the following update for the School Building Project:
Design Update:
The MS/HS 100% Construction Documents (CD’s) are on schedule for distribution on March 7th. Colliers, the design team, and Gilbane will have a purchasing kick-off meeting on March 3rd to review the subcontractor buyout schedule and protocols and parameters award process. The 60% CD estimate has been reconciled to the DD budget.
The design team presented an exterior masonry design update at the February 26th SBC meeting (attached).
The estimates for the 60% CD drawings and specifications for the ES Complex (Existing HS) have been reconciled to within 2%. The ES Complex construction budget (excluding soft costs) is $10.1M pending a follow up meeting with RIDE. (no changes to this update)
Colliers, the design team, Middletown Facilities Director, SBC vice-chair, and Bentley met on February 27th to review logistics of the construction at the existing high school over the summer of 2025.
Budget and Schedule:
The project remains on time and on budget. An updated budget summary and schedule was provided at the February 26th SBC meeting (attached).
RIDE:
The 60% construction document submission to RIDE for the MS/HS was submitted to RIDE on February 13th. A meeting with RIDE has been scheduled for March 13th to review the MS/HS submission, as well as the NECHPS information for the ES Complex.
Planning Board:
A special meeting of the planning board was held on February 26th. The planning board unanimously approved the preliminary plan for the major land development for the MS/HS with some minor conditions, which will be addressed by the design team. The presentation to the planning board is attached, which is the same presentation from the February 11th TRC meeting.
Build RI:
The Town is in the process of finalizing a recommendation to award for an attorney to proceed with the feasibility study for a PLA for the MS/HS project.
AHJ Permitting:
RIDEM and RIDOT have provided comments on the respective permit applications, which the design team is actively working to address.
FAA Aeronautical Study is complete and requires no marking or lighting to be added to the MS/HS. (no changes to this update)
Town Administrator Shawn Brown reviewed the following update for the Library Building Project:
Town Administrator Shawn Brown reviewed the following update for the Town Projects:
8. 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.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
Vice President Welch recused himself from acting on the following item #9 of business, due to a possible conflict of interest.
9. Applications Six (6) received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F- Alcoholic Beverage License (Beer and Wine) and Class F-1 Alcoholic Beverage Licenses (Full Liquor) - (19-hour license) for the same premises for the following events and dates listed below: (Applicant requests fees be waived)
§ Birds & Breakfast -Saturday, May 17, 2025, 8:00 am to 11:00 am.
(Class F1- Full Liquor)
§ Donor Appreciation Evening – Wednesday, June 4, 2025, 5:30 pm to 8:30 pm. (Class F-1- Full Liquor)
§ Beach Bash – Wednesday, July 30, 2025, 5:30 pm to 7:30 pm.
(Class F1- Full Liquor)
§ Donor Appreciation Evening – Wednesday, August 13, 2025, 5:30 pm to 7:30 pm. (Class F1- Full Liquor)
§ Harvest Fair – Saturday, October 4, 2025, 10:00 am to 5:00 pm. (Class F- Beer and Wine)
§ Harvest Fair – Sunday, October 5, 2025, 10:00 am to 5:00 pm. (Class F- Beer and Wine)
§ Annual Meeting - Thursday, November 6, 2025, 5:30 pm to 7:00 pm. (Class F- Beer and Wine)
Council President Rodrigues noted that he is concerned with waiving the fees for liquor licenses, as it may set a precedence for future requests.
On motion of Councillor Logan, duly seconded, it was voted unanimously to grant said liquor licenses.
On motion of Councillor Logan, duly seconded, it was voted unanimously to reconvene as a Town Council.
10. Approval of Minutes, re: Regular Meeting, February 18, 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
11. Email communication of Stephen B. Hutler, re: Resignation from the Zoning Board of Review.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said resignation.
Vice President Welch recused himself from acting on the following item #12 of business, due to a possible conflict of interest.
LICENSES & PERMITS
12. Applications for Special Event Permits three (3) received from the Norman Bird Sanctuary, 583 Third Beach Road, for the same premises for the following events and dates listed below: (Applicant requests permit fees to be waived)
§ Birds & Breakfast -Saturday, May 17, 2025, 8:00 am to 11:00 am.
§ Beach Bash – Wednesday, July 30, 2025, 5:30 pm to 7:30 pm.
§ Harvest Fair – Saturday, October 4, 2025 and Sunday, October 5, 2025, 10:00 am to 5:00 pm.
On motion of Councillor Logan, duly seconded, it was voted unanimously to grant said Special Event permits and waive permit fees.
13. Communication of Detective John Sullivan, Newport Police Department, Chairman, AINPP, re: Request for waiver of all detail fees for the Aquidneck Island Police Parade.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
14. Application for Special Event Permit from the Aquidneck Island Police Parade for the Aquidneck Island Police Parade, beginning on West Main Road in front of Hampton Inn and Suites, 317 West Main Road to Washington Square, Newport to be held on Sunday, May 4, 2025, beginning at 9:00 am. (Parade Committee respectfully requests all fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit and waive permit and detail fees.
15. Application for Special Event Permit from St. Columba’s Chapel, 55 Vaucluse Avenue for the St. Columba’s Annual Garden Party to be held on Saturday, June 7, 2025 from 1:00 pm to 5:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit.
16. Application for Special Event Permit from St. George’s School for Alumni Weekend, Lunch, Saturday, May 17, 2025 from 12:00 pm to 2:00 pm (King Hall Terrace Tent on campus) and Dinner, May 17, 2025 from 6:30 pm to 10:30 pm (Tent on Cliff Field on campus).
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit.
17. Application for Special Event Permit from Justin Speegle/Amp Surf New England a 501(c) non-profit organization for a VA Summer Sports Camp, Surfing Clinic for Veterans with disabilities to be held at Sachuest Beach, Path 8 on Tuesday, July 22, 2025, and Wednesday, July 23, 2025 from 8:00 am to 5:00 pm. (Applicant requests fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit and waive permit fees.
18. Application for Special Event Permit from Justin Speegle/Amp Surf New England a 501(c) non-profit organization for an Adaptive Surf Clinic for people with disabilities to be held at Sachuest Beach, Path 8 on Friday, August 8, 2025 from 5:00 pm to 8:00 pm and Saturday, September 13, 2025, from 8:00 am to1:00 pm. (Applicant request fees to be waived)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit and waive fees.
19. Application for Special Event Permit from Audrain Concours Foundation, LLC., Newport, for Tour d ’Elegance to be held on Saturday, October 4, 2025 from 5:30 am to 8:30 am, starting at Second Beach.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event permit.
20. Memorandum of Town Planner, re: FFY2026-2035 State Transportation Improvement Program (STIP).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Planner Ronald Wolanski reviewed the memorandum above and the slide entered here:
Discussion centered around a shared use path for pedestrians and bicyclists on Paradise Avenue similar to Coddington Highway, the condition of Town roads due to increased traffic and heavier loads/equipment, the classification process and factors used to create the proposed STIP projects, and the list of projects is in priority order.
21. Public Hearing (Advertised on Town Website)
FFY2026-2035 State Transportation Improvement Program (STIP).
Public Hearing was declared open.
Discussion centered around the top 5 proposed projects within the memorandum in item #20 above.
The Council elected to proceed with the top 5 proposed projects as listed in the memo, with a modification to #2 that Town Administrator Shawn Brown proposed. The list is as follows:
1. Atlantic Beach District Streetscapes Project
2. Paradise Ave. sidewalk or shared-use path, with roundabout at Green End/Paradise intersection
3. Oliphant Lane sidewalk or shared-use path
4. East Main Rd (Rt. 138) at Aquidneck Ave.(Rt. 138A) – intersection improvements, including left-turn lanes.
5. West Main Rd (Rt. 114) at Forest Ave. – intersection improvements, including left-turn lane
There being no other persons present or on zoom desiring to be heard, public hearing was declared closed.
22. Resolution of the Council, re: Approval of prioritized list of projects for submission to the State Planning Council for inclusion in the FFY2026-2035 STIP.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
23. 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”, §602 Schedule of District Regulations-Uses and Districts, Article 4 Definitions, §400 Definitions, § 703 Accessory Uses and Structures, § 728 Home Occupation and § 1308 Parking Restrictions. (Planning Board recommendation is on file)
Public Hearing was declared open.
Town Planner Ronald Wolanski reviewed the Planning Board recommendation and the proposed amendments to the ordinance, entered here:
Enter Planning Board recommendation
There being no other persons present or on zoom desiring to be heard, 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
24. An Ordinance of the Town of Middletown (Second Reading)
An Ordinance in amendment to the Town Code, Title III Administration, Chapter 34 Taxes, Section 34.70 Tax Classification System.
Town Administrator Shawn Brown noted that the legislation is before the legislature.
On motion of Vice President Welch, duly seconded, it was voted unanimously to amend under (a) change December 31, 2021 to December 31, 2024 and change May 1, 2022 to May 15, 2025 and adopt said ordinance on its second reading, as amended.
25. Memorandum of Finance Director, thru Town Administrator, re: Library Janitorial and Maintenance Services contract extension.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
26. Resolution of the Council, re: Library Janitorial and Maintenance Services contract extension and authorizing the Finance Director to execute the contract extension agreement on behalf of the Town.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Council President Rodrigues noted the contract extension is being kept at the same rate.
Town Administrator Shawn Brown noted the contract was reviewed by Shared Facility Director Ed Collins.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.
Councillor Roberts recused himself from acting on the following item of business #27, due to a possible conflict of interest.
27. Email communication of Town Administrator, re: Middletown Affordable Housing Committee recommendation approving Pennrose proposal presented to the Affordable Housing Committee on February 19, 2025.
On motion of Vice President Welch, duly seconded, to receive said email communication and schedule a special meeting for Monday, March 31, 2025 at 6:00 pm.
Council President Rodrigues noted that Pennrose new proposal adds additional units to the project which was requested by the State.
Town Administrator Shawn Brown noted that abutters to Oliphant and Berkeley Schools will be notified of the upcoming meeting with door hangers and through the Town’s website and social media announcements.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and schedule a special meeting for Monday, March 31, 2025 at 6:00 pm.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:15 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri