Jun. 16, 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, June 16, 2025 at 6:01 P.M.

Members Present:

Council President Paul M. Rodrigues, Presiding

Vice President Thomas P. Welch, III

Councillor Peter D. Connerton, Sr.

Councillor Charles R. Roberts

Councillor Dennis B. Turano

Councillor Barbara A. VonVillas

Councillor Christopher M. Logan, Absent

POSTED JUNE 11, 2025

REGULAR MEETING JUNE 16, 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, June 16, 2025, 6:00 P.M. Executive Session; Presentation Immediately following 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: 848 0724 3247  or on the web at  https://us02web.zoom.us/j/84807243247

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),  (2) Collective Bargaining (NEA/Teachers) and (1) Personnel (Non-Classified Employees), 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 6:02 p.m.

Council President Rodrigues recused himself from the Personnel (Non-Classified Employees) and left the session at 6:29 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:40 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the NEA/Teachers Union Fiscal Impact Statement.

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

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

2.    Citation of the Council, re: In recognition of Adeline Rose.

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin presentation.

Council President Rodrigues read the citation into the record and presented Mrs. Rose with a gift from the Council thanking her for the years of service.

Ms. Rose noted that she enjoyed every minute of being on the Canvassing Board.

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

a.    Recommendation to Award (RTA-008D) – Overhead Doors & Loading Dock Equipment.

b.    Recommendation to Award (RTA-011A) – Food Service Equipment.

c.     Recommendation to Award (RTA-26A) – Electrical.

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

Justin Bernard Senior Project Manager, Project Management Services, Colliers Project Leaders, addressed the Council reviewing the communications above.

Discussion centered around that there will be no price escalation for the electrical contract.

4.    Resolution of the Council, re:  Approving the recommendation for Gilbane Building Company to award the subcontracts for Overhead Coiling Doors, Food Service Equipment, and Electrical for the construction of the Middle-High School project to the vendors, authorize the funding for

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-008) – Rough Carpentry.

b.    Recommendation to Award (RTA-012) – Mechanical.

c.     Recommendation to Award (RTA-014) – Masonry.

d.    Recommendation to Award (RTA-020) – Flooring.

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

Justin Bernard Senior Project Manager, Project Management Services, Colliers Project Leaders, addressed the Council reviewing the communications above.

Discussion centered around the flooring contract was not awarded to the lowest bidder and receiving reimbursement for the contract.

6.    Resolution of the Council, re: Approving the recommendation for Bentley Companies to award the subcontract for Rough Carpentry, Mechanical, Masonry, and Flooring for the renovation of the Elementary School Complex project, the funding for

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.

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.

8.    Application of the Norman Bird Sanctuary, 583 Third Beach Road, for a change of date for the Donor Appreciation Evening, which was to be held on June 4, 2025, 5:30 pm to 8:30 pm, is now being held on Wednesday, June 18, 2025, from 5:30 pm to 7:00 pm., Class F-1 Full Liquor license. (Council granted original license on March 3, 2025)

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

9.    Application of Foodlove Market Middletown, LLC dba Foodlove Market, 1037 Aquidneck Avenue to TRANSFER Class BV Liquor License to JT Commons, Inc. dba JT Commons (2024-2025 Licensing year) for use at the same premises, including outdoor patio service. (Requires notification to Abutters and Advertising for Public Hearing to be held on July 7, 2025)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application, notify abutters and advertise for a public hearing to be held on July 7, 2025.

On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.

10.  Approval of Minutes, re: Special Meeting, May 21, 2025.

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

11.  Petition of Narragansett Electric and Verizon New England, Inc. to relocate a pole Perry Avenue Relocate P2 to property line. (Roads and Utilities Advisory Committee, approved relocation with consideration that the service lines do not significantly disrupt or impact adversely abutting properties. Also, noting prior discussion indicating that in-line service taps would preserve current overhead service line locations.)

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Petition of Narraganset Electric and Verizon New England; subject to consideration that the service lines do not significantly disrupt or impact adversely abutting properties and in-line service taps would preserve current overhead service line locations.

12.  License of Burial, re: Leroy S. Close, Section 53 - Grave 15.

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

13.  Application of Reed Development Corporation dba Middletown Self Storage, LLC, 101 Valley 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.

14.  Application of Newport Pickleball, LLC dba Newport Pickleball Club, 866 West Main Road, for an Amusement License for the 2025-2026 licensing year. (NEW; DJ and Small Band)

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

15.  Application of SB Farm, LLC dba Sweet Berry Farm, 915 Mitchell’s Lane, for an Amendment to their Amusement License for the 2025-2026 licensing year, adding live music on site, Tuesday evenings (outside) from 6pm – 8pm starting July 1, 2025, and ending September 2, 2025.

On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said amendment, adding live music on site, Tuesday evenings (outside) from 6pm – 8pm starting July 1, 2025, and ending September 2, 2025, to the 2025-2026 Amusement license.

16.  Application of Martinez Food Truck, LLC dba BBQymas, Portsmouth, RI for a Mobile Food Establishment License for the 2025-2026 licensing year – Truck. (NEW)

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

17.  Application for Special Event Permit from Bradley Hierholzer, Hagerty July 4th Fireworks & party at Peabody’s Beach, to be held on Saturday, July 5, 2025 from 6:00 pm to 10:00 pm. (Fireworks display at 9:00 pm)

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

18.  Communication of  J. Clement “Bud” Cicilline and Ray Malone Co-Chairs, NAACP Newport County Branch Golf Tournament Committee, re:  Request for support by sponsoring a Tee Sign for the Golf Tournament.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and sponsor a tee sign in the amount of $150.00 to be appropriated from the Council President’s Discretionary Fund.

19.  Communication of Bari Freeman, Executive Director Bike Newport, Requesting the Town Council to adopt a resolution endorsing the Ride Island Bike Plan as a guiding document in the planning of transportation related infrastructure for Middletown. (Review and recommendation from the Middletown Bicycle Pedestrian Advisory Committee on file.)

On motion of Vice President Welch, duly seconded, to receive said communication.

Emily Buck Sullivan, Bicycle and Pedestrian Advisory Committee Chair, addressed the Council, reviewing the following recommendation from the Bicycle and Pedestrian Advisory Committee.

Enter recommendation

Discussion centered around the Town Council does not support a bike lane on East or West Main Roads, the Town Solicitor preparing a resolution outlining what the Town Council will support, and the Town Solicitor will prepare a proposed resolution.

A vote was taken.

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

20.  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”,  Article 12, Section 1202 entitle “Definitions and Section 1209 entitled “Exempt Signs, Window signs – non-illuminated”. (Planning Board recommendation is on file)

Public Hearing was declared open.

Peter Jenkins, Newport, Owner of Saltwater Edge in Middletown, addressed the Council explaining that he is ordering signage for his building and does not what to order the wrong size.  Mr. Jenkins noted the amendment makes sense.

Building Official Chris Costa addressed the Council noting the proposed amendment is similar to other cities and towns across the state. Mr. Costa requests the Council to support the amendment.

Discussion centered around that there are businesses currently that are not compliant with signage, illuminated sign regulations, new business signs, and placing the amendment to the ordinance on the Town website.

There being no person 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.

21.  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”,  Article 7 Supplemental Regulations, Section 729 Temporary Storage Units. (Planning Board recommendation is on file)

Public Hearing was declared open.

Rick Lombardi, Middletown, addressed the Council noting that when he worked in the Building Official’s Office, pod storage was an issue which needed an ordinance for enforcement.

Building Official Chris Costa was present to answer Council inquiries.

Discussion centered around that storage pods should be for temporary not for permanent storage, Councillor Roberts noted concern that some ordinances create more work for employees, the fee for a storage pod permit and the number of days which a pod can remain on the property.

Rick Lombardi, Middletown, addressed the Council noting that the storage pod issue in the Town was brought to the attention of the Building Official’s Office from a complaint.

There being no person 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.

22.  Memorandum of Finance Director thru Town Administrator, re:  Janitorial Services at Municipal Buildings.

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

23.  Resolution of the Council, re:  Award of contract for Janitorial Services to Go To Services, LLC and authorizing the Finance Director to Execute the contract on behalf of the Town.

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

Finance Director Marc Tanguay reviewed the memorandum in item #22 above.

Councillor Roberts inquired if the Library and Senior Center were included in this contract.

Finance Director Marc Tanguay, responding to Councillor Roberts, noted that the Library and Senior Center are not included.

A vote was taken.

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

24.  Memorandum of Fire Chief, re:  Safer Grant Funding.

On motion of Vice President Welch, duly seconded, to receive said memorandum and authorize submission through the Federal Emergency Management Agency (FEMA), an application for a (SAFER) Grant.

Fire Chief Robert McCall reviewed the memorandum above.

Discussion centered around if approved how the position would be built into the budget once the grant runs out, adding the position will save money in overtime costs and Councillor Turano noted he may not support the request because he would like to see the actual savings on overtime and the need for the position.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted to receive said memorandum and authorize submission through the Federal Emergency Management Agency (FEMA), an application for a (SAFER) Grant; Councillor Turano voted NO.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:02 p.m.

Wendy J.W. Marshall, MMC

Council Clerk

supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri