Aug. 4, 2025 - Regular Meeting

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, August 4, 2025 at 5:02 P.M.

Members Present:

Council President Paul M. Rodrigues, Presiding

Vice President Thomas P. Welch, III

Councilor Peter D. Connerton, Sr.

Councilor Christopher M. Logan

Councilor Charles R. Roberts

Councilor Dennis B. Turano

Councilor Barbara A. VonVillas

POSTED JULY 30, 2025

REGULAR MEETING AUGUST 4, 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, August 4, 2025,  5:00 P.M. 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: 819 8149 2651 or on the web at   https://us02web.zoom.us/j/81981492651

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 10 th 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 (10

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), (5) Land Acquisition, (2) Litigation (SB-2022-02), (2) Litigation (NC-2025-0131), (2) Litigation (NC-2025-0132), (2) Litigation (NC-2025-0133), (2) Collective Bargaining and (2) Collective Bargaining (TEAMSTERS)  discussion and/or potential action and/or vote in executive session and/or open session.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:03 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:23 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the NC-2025-0131, NC-2025-0132 and NC-2025-0133 tax appeal settlements and authorize the Town Solicitor and Tax Assessor to execute all documents.

On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.

2.    The Town Administrator will provide an update on:

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 Projects – The updates are on the Town website.

Library Building Project:

Share Facilities Director Ed Collins noted that the architects are working on conceptional drawings and schematic design.  Mr. Collins explained that in September they should be hiring a project manager.

School Building projects:

Share Facilities Director Ed Collins noted the RTA’s before the Council this evening and the budget is trending positively, still on time and on budget.  Mr. Collins also noted concrete will be poured this week. The Elementary School is under construction, the oil tanks have been removed, the heating system and roof are being worked on and the sprinklers are pushed off to next summer.

3.    Communications ten (10) of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re:  New Middletown Middle-High School.

a.    Recommendation to Award (RTA-01D) - Interim Cleaning and General Carpentry.

b.    Recommendation to Award (RTA- 08A) – Doors, Frames and Hardware.

c.     Recommendation to Award (RTA-09B) – Tile.

d.    Recommendation to Award (RTA-09C) – Acoustical Ceiling Systems.

e.    Recommendation to Award (RTA-09D) – Wood Flooring.

f.      Recommendation to Award (RTA-09E) – Carpet and Resilient Flooring.

g.    Recommendation to Award (RTA-09G) – Epoxy Flooring.

h.    Recommendation to Award (RTA-10A) – Specialties.

i.      Recommendation to Award (RTA-10B) – Toilet Partitions and Accessories.

j.      Recommendation to Award (RTA-12B) – Manufactured Casework.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communications.

Colin McCarthy, Assistant Project Manager, Project Management Services, Colliers Project Leaders, reviewed the communications above.

4.    Resolution of the Council, re:  Approving the recommendation for Gilbane Building Company to award the subcontracts for Interim Cleaning and General Carpentry, Doors, Frames and Hardware, Tile, Acoustical Ceiling Systems, Wood Flooring, Carpet and Resilient Flooring, Epoxy Flooring, Specialties, Toilet Partitions and Accessories and Manufactured Casework and all expenses recorded in the School Department’s Capital Projects Fund and the Town Administrator is authorized to notify Gilbane Building Company to award the subcontracts.

On motion of Vice President Welch, duly seconded, to pass said resolution

Discussion centered around the budget is favorable; trending 7 million below budget at this time.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

5.    Communications four (4) of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: Renovations of the Existing Middletown High School (ES Complex).

a.    Recommendation to Award (RTA-005) – Miscellaneous Metals.

b.    Recommendation to Award (RTA-013)  - Concrete.

c.     Recommendation to Award (RTA-015)  - Millwork.

d.    Recommendation to Award (RTA-016) – Glass and Glazing.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communications.

Colin McCarthy, Assistant Project Manager, Project Management Services, Colliers Project Leaders, reviewed the communications above.

6.    Resolution of the Council, re: Approving the recommendation for Bentley Companies to award the subcontract for Miscellaneous Metals, Concrete, Millwork and Glass and Glazing and the Town Administrator is authorized to notify Bentley Companies LLC to award the subcontracts.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

7.    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.

Chris Semonelli, Middletown, addressed the Council noting the need for Affordable Housing in the Town and working with the broader community, like Newport, to address the housing shortage on the Island. Mr. Semonelli suggests having Affordable Housing at the corporate park.

Lauren Douglas, Middletown, addressed the Council noting an issue on Little Creek Lane regarding a Short-Term Rental using the road for parking.

Dorthy Henderson, Middletown, addressed the Council regarding Little Creek Lane and the short-term rental parking on the roadway, which may cause issues with emergency vehicles accessing the area.

Council President Rodrigues requested that items #12, #13, #14 and #15 be heard under the regular agenda.

8.    Approval of Minutes, re:  Regular Meeting, July 7, 2025.

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.

9.    Communication of Rhode Island Energy, re:  The Narragansett Electric Company dba Rhode Island Energy 2025 Vegetation Management Standards and Practices Division Docket No. D-25-15 Notification to Municipalities.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.

10.  Application of Stephen Charles Schwarz, Middletown, for RENEWAL of a Private Detective License for the 2025-2026 licensing year.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.

11.  Application of Jennifer Beirola, owner, Rocky Shores Tattoo Company, LLC dba Rocky Shores Tattoo Company for RENEWAL of a Tattoo License for the 2025-2026 Licensing year, to be used at 554 West Main Road.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license renewal.

12.  Memorandum of Paul A. Croce, Chairman, Middletown Planning Board, re:  Recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Future Land Use Map, Map L-4 of the Middletown Comprehensive Community Plan to change the designation of property fronting on West Main Road and Coddington Highway, Plat 102, Lots 3, 4, 5, 7 and a portion of Lot 6 from Institutional to limited & Office Business; provide a recommendation to the Town Council on the request to change the zoning designation of the subject property from Public, traffic sensitive (PA) to Limited Business, traffic sensitive (LBA); and provide a recommendation to the Town Council on a proposal to adopt an overlay zoning district that will cover the subject property.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

13.  Proposed Ordinance In Revision To The Comprehensive Community Plan of the Town Of Middletown -The Future Land Use Plan, Map L-4, of the Land Use element of the Middletown Comprehensive Community Plan is amended to bring consistency between the Future Land Use Plan and the Town’s Zoning Map for the parcels identified as Lots 3, 4, 5, 6 and 7, or portions thereof, on Plat 102 of the Middletown Tax Assessor's Plats currently designated as “Institutional” and shall now be designated as “Limited & Office Business.” (West Main Road- Coddington; Requires advertising and notification to abutters for a public hearing to be held on Tuesday, September 16, 2025, Middletown High School Cafeteria, 130 Valley Road, at 6:00 PM and on Tuesday, September 30, 2025, Middletown High School Cafeteria, 130 Valley Road, at 6:00 PM – Planning Board recommendation above see item #12)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Proposed Ordinance In Revision To The Comprehensive Community Plan of the Town Of Middletown -The Future Land Use Plan, advertise for public hearing, notify abutters for a public hearings to be held on Tuesday, September 16, 2025, Middletown High School Cafeteria, 130 Valley Road, at 6:00 PM and on Tuesday, September 30, 2025, Middletown High School Cafeteria, 130 Valley Road, at 6:00 PM.

14.  Proposed Amendment to the zoning designation of a portion of that certain lot or parcel of land presently identified as Lots 3, 4, 5, 6 and 7, or portions thereof, on Middletown Tax Assessor's Plat 102, which is presently designated as  “Public” shall be changed to LBA, “Limited Business, traffic sensitive” (West Main Road- Coddington; Requires advertising and notification to abutters for a public hearing to be held on Tuesday, September 16, 2025, Middletown High School Cafeteria, 130 Valley Road,  at 6:00 PM and on Tuesday, September 30, 2025, Middletown High School Cafeteria, 130 Valley Road,  at 6:00 PM – Planning Board recommendation above see item #12)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Proposed Amendment to the zoning designation of a portion of that certain lot or parcel of land presently identified as Lots 3, 4, 5, 6 and 7, or portions thereof, on Middletown Tax Assessor's Plat 102, advertise for public hearing, notify abutters for a public hearings to be held on Tuesday, September 16, 2025, Middletown High School Cafeteria, 130 Valley Road, at 6:00 PM and on Tuesday, September 30, 2025, Middletown High School Cafeteria, 130 Valley Road, at 6:00 PM.

15.  Proposed Amendment to the Town Code Title XV, Chapter 152, Entitled “Zoning Code” is amended by adding new Article 31 West Main-Coddington Overlay District; adding a new column and other revisions to Section 602 regarding uses allowed in the West Main-Coddington Overlay District; and adding new lines to section 603 regarding dimensional requirements for the West Main-Coddington Overlay District. (West Main Road- Coddington; Requires advertising and notification to abutters for a public hearing to be held on Tuesday, September 16, 2025, Middletown High School Cafeteria, 130 Valley Road,  at 6:00 PM and on Tuesday, September 30, 2025, Middletown High School Cafeteria, 130 Valley Road,  at 6:00 PM – Planning Board recommendation above see item #12)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Proposed Amendment to the Town Code Title XV, Chapter 152, Entitled “Zoning Code” is amended by adding new Article 31 West Main-Coddington Overlay District; adding a new column and other revisions to Section 602 regarding uses allowed in the West Main-Coddington Overlay District, advertise for public hearing, notify abutters for a public hearings to be held on Tuesday, September 16, 2025, Middletown High School Cafeteria, 130 Valley Road, at 6:00 PM and on Tuesday, September 30, 2025, Middletown High School Cafeteria, 130 Valley Road, at 6:00 PM.

Marilyn Levesque, Middletown, read the following into the record:

Alicia Reyes, Middletown, addressed the Council noting that residents feel the Middletown Commons area should be open space (continual space, not sectioned into parcels) for the Town.  Ms. Reyes also noted that that the Citizens Advisory Committee has great ideas for the Middletown Commons area.

Gina Orszwlak, Middletown, read the following into the record:

Rachel Cocroft, Middletown, addressed the Council noting agreement with others.  Ms. Cocroft suggested that the Middletown Commons area should have trees planted, open space and housing

Nancy Iadeluca, addressed the Council, reviewing the following:

Council President Rodrigues requested that the following information from Denise Brown be part of the official record.

16.  Communication Colliers, re:  New Middletown Middle-High School REVISED Recommendation to Award (RTA-99A) – Surveying; Approved by Town Administrator and Superintendent of Schools.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.

17.  Application of Cumberland Farms, Inc. dba Cumberland Farms, 533 East Main Road, for a Victualling House License for the 2024-2025 licensing year. (NEW)

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license subject to Fire Marshal, Board of Health and Building Official approvals.

18.  Application of Cumberland Farms, Inc. dba Cumberland Farms, 533 East Main Road, for a Holiday Sales License for the 2025-2026 licensing year. (NEW)

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.

19.  Application of Mooseman’s Concessions dba Mooseman’s Kettle Corn, Newport for a Mobile Food Establishment License for the 2025-2026 licensing year. (NEW)

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.

20.  An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title III Administration, Chapter 36 Fee Schedule (B) Building/Zoning by adding (8) Storage Containers.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.

21.  Resolution of the Council, re:  Endorsing the Goals of the 2023 Ride Island Bike Plan.

On motion of Vice President Welch, duly seconded, to pass said resolution.

Discussion centered around the revisions presented in the resolution support the overall goal of the 2023 Ride Island Bike Plan, and does not approve all recommendations.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

22.  At the request of Council President Rodrigues, Vice President Welch and Councilor Logan, Resolution of the Council, re:  Advocating for the Continued Operation of the Noreen Stonor Drexel Birthing Center at Newport Hospital.

Council President Rodrigues noted the issue closing the Birthing Center at Newport Hospital has been resolved, but the Town will still pass this resolution in support.  Mr. Rodrigues explained that he believes the closing of the Newport Hospital Birthing Center will become a state issue.

On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolution.

23.  Communication of Councilor Roberts and Councilor Turano, re: Requesting the Affordable Housing Committee present their recommendation on the Middletown Commons project.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.

Jo-Ann Thornton, Middletown, addressed the Council reading the following into the record:

Christopher Rowe, Middletown, addressed the Council reading the following into the record:

Wendy Riel, Middletown, addressed the Council reading the following into the into the record:

John Garagliano, Middletown, addressed the Council requesting the Town Council to listen to the residents, no one is in favor of the West Main Road proposed development.

Karen Biastre, Middletown, addressed the Council reading the following into the record:

Councilor Roberts introduced Affordable Housing Chair Lawrence Frank.

Affordable Housing Chair Lawrence Frank read the following into the record:

Frank Spinella, representing FJS Associates, who assists the Town with Affordable Housing applications was present to answer inquiries.

Discussion centered around the need to listen to recommendations from Town Boards and Committees; if Affordable Housing was placed at the West Main Road Commons, would it be approved for state funding and state funding approval for housing is dependent on what other applications are received.

Karen Biastre, Middletown, addressed the Council noting she was shocked to see the income levels set at 80% for East Main Road Affordable Housing Development.

Gerry Willis, Middletown, addressed the Council noting the need for Affordable/Workforce housing.

Councilor Roberts made a motion, which was not duly seconded, that the Town of Middletown shall withdraw from consideration from the development agreement with the developers of the proposed Town Center for the Middletown Commons project on West Main Road. The Town of Middletown should then develop a proposal that includes housing with the majority of affordable, low- and moderate-income units and a public park to serve all the residents of Middletown.

Town Solicitor Peter B. Regan explained that the motion would be an open meetings violation because the action was not on the agenda and the public was not notified properly. Mr. Regan noted if the public was properly notified, someone may have wanted to be present to be heard on the issue.

Discussion centered around taking the Town Solicitors’ legal opinion regarding the proposed motion, there is affordable housing in Middletown in Rosebrook Commons on West Main Road and the next phases for affordable housing at Rosebrook Commons.

24.  Memorandum of Councill Turano, re:  Two Tier Tax – Resident – Nonresident Tax Ordinance be reviewed to provide a better understanding of the ordinance.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.

Councilor Turano reviewed the memorandum above.

Town Solicitor Peter B. Regan presented a PowerPoint presentation Amendment to Two-Tiered Tax Ordinance, which is on file in the Office of the Town Clerk.

Discussion centered around the ordinance mirrors the City of Newport ordinance.

Jim Thompson, Middletown, addressed the Council noting that he has become a Middletown resident, lives here half the year and rents his home as a short-term rental for the other half. Mr. Thompson inquired about why he is unable to receive the resident tax rate, noting he thought that he was grandfathered in as a short-term rental and claims Middletown as his primary residence.

Town Solicitor Peter B. Regan noted that grandfathering in for short-term rentals is for the zoning ordinance, not the tax rate.

Don Morin, Middletown, addressed the Council noting he is on the Tax Committee and that Valerie Geld suggested that to support Military families, the tax break for Middletown residents that rent should include people who rent to the Military for ten months at a time.

Lawrence Frank, Middletown, addressed the Council noting the adaptive reuse should be prohibited as a short-term rental.

Town Solicitor Peter B. Regan explained that state law for adaptive reuse must include a percentage of affordable housing.

On motion of Vice President Welch, duly seconded, it was voted unanimously to continue items #25 - #30 to the next Regular Meeting of the Council, Tuesday, September 2, 2025.

25.  Memorandum of Public Works Director, re: Boulevard and High Street Traffic Safety Evaluations.

26.  Resolution of the Council, re:  Purchase of Speed Feedback Signs from All Traffic Solutions, Inc. and authorizing the Finance Director to execute said purchase on behalf of the Town.

27.  Email of Sonam Ngamdung, re:  Resignation from the Middletown Prevention Coalition (Youth Sector Seat).

28.  Appointment of one (1) member to the Middletown Board of Canvassers, regular member, to complete a term expiring March 2029.

29.  Appointment of two (2) members to the Discover Newport Board – Middletown Representatives (Hospitality Industry) for terms expiring June 2028.

30.  Appointment of one (1) member to the Middletown Local 250th Commission, term expiring 2026.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:04  p.m.

Wendy J.W. Marshall, MMC

Council Clerk