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, December 16, 2024 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

Councillor Dennis B. Turano

Councillor Barbara A. VonVillas, Members Present

POSTED DECEMBER 11, 2024

REGULAR MEETING DECEMBER 16, 2024

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, December 16, 2024, 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: 831 4722 1840 or on the web at  https://us02web.zoom.us/j/83147221840

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),  (1) Personnel (Police Chief), (1) Personnel (Town Engineer), (1) Personnel (Shared Facilities Director), (2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (2) Litigation (PUC Docket No. 22-42-NG – Old Mill Lane), (2) Litigation (1:24-cv00457),  (2) Collective Bargaining (Library/NEARI) and Collective Bargaining (Town Hall/NEARI) - review, discussion and/or potential action and/or vote in executive session and/or open session.

Vice President Welch noted that Major Jason Ryan was notified in writing Pursuant to RIGL 42-46-5 (a) (1).

Vice President Welch noted that John Mello was notified in writing Pursuant to RIGL 42-46-5 (a) (1).

Vice President Welch noted that Edward Collins 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 5:02 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:31 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Police Chief’s appointment and compensation.

On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the Town Engineer’s appointment and compensation.

On motion of Vice President Welch, duly seconded, it was voted to ratify the Shared Facilities Director’s appointment and compensation; Councillor Turano voted NO to said motion.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said claim and forward it to the RI Interlocal Trust.

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve the Town Solicitor’s recommendation regarding the Biastre Settlement.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said claim and forward it to the RI Interlocal Trust.

On motion of Vice President Welch, duly seconded, to receive correspondence and authorize the Town Administrator, Attorney Ragosta and the Deputy Finance Director to negotiate with the Town Hall/NEARI Union.

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

2.    Appointment of Police Chief and Swearing In.

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Swearing in of the newly appointed Police Chief Jason Ryan.

Council President Rodrigues read the following:

** Jason Ryan,** a Middletown native, is being promoted to the rank of Chief.  Chief Ryan previously served as Deputy Chief, Captain in charge of Patrol Operations & Administrative Services, Lieutenant in charge of Administrative Services, Detective Sergeant and head of prosecution, Detective, Patrol Officer and Field Training Officer.  He is the recipient of numerous Middletown Police Department commendations and awards for excellent service.  Chief Ryan is a graduate of Stonehill College. He graduated from the Rhode Island Municipal Police Academy in March 2005.  He is also a graduate of the Command Training series for Executive Development at Roger Williams University and a graduate of the 278

Hired as a Patrol Officer March 21, 2005

Promoted to Sergeant August 3, 2013

Promoted to Lieutenant October 18, 2014

Promoted to Captain November 27, 2019

Promoted to Deputy Chief May 11, 2024

Promoted to Chief tonight December 16, 2024

Jason Ryan was sworn in as Middletown Police Chief by Town Clerk Wendy J.W. Marshall, pinned by his wife, Dawn, and children William and Emily Ryan.

Chief Jason Ryan thanked his family, the police department, town administration and council for their support.

Council President Rodrigues noted that the School Committee had an issue with the posting of the joint meeting and were not present this evening.

3.    Memorandum of William J. Niemeyer, Superintendent of Schools, re:  Request for joint meeting with the Town Council.

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

4.    Memorandum of Town Administrator, re:  Recommendation of School Building Committee on Project Labor Agreement.

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

Town Administrator Shawn Brown reviewed the memorandum above. Mr. Brown noted representatives from Gilbane Building Company, Colliers and the School Building Committee were present to answer Council questions. Town Administrator Shawn Brown requested support to allow the administration to pursue a feasibility study on a project labor agreement for the construction of the new middle/high school.

5.    Resolution of the Council, re:  Authorizing the Town Administrator to seek services of conducting a feasibility study on a Project Labor Agreement pertaining to the new middle-high school construction project.

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

6.    Memorandum of the Town Administrator, re:  School Construction Project Update as of December 9, 2024.

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

Town Administrator Shawn Brown reviewed the following:

Enter memo here:

Discussion centered around working within the School Building project budget of $190 million, Town Administrator Brown will provide an update on the school building project budget at the next Council meeting, there has been no change to the project cost, and there is a contingency fund built into the budget.

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 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. (Requires Advertising for a future public hearing)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise for public hearing to be held on January 21, 2025.

9.    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. (Requires Advertising for a Public Hearing)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said application and advertise for public hearing to be held on January 21, 2025.

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

Councillor Roberts requested item #28 be heard under the regular portion of the agenda.

Councillor Turano requested items #30, #34 and #35 be heard under the regular portion of the agenda.

10.  Approval of Minutes, re:  Regular Meeting, October 21, 2024.

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

11.  Approval of Minutes, re:  Regular Meeting, November 4, 2024.

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

12.  Approval of Minutes, re:  Special Meeting, November 20, 2024.

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

13.  Approval of Minutes, re:  Regular Meeting, December 2, 2024

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

14.  Approval of Minutes, re:  Special Meeting, December 4, 2024.

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

15.  Memorandum of Finance Director, thru Town Administrator, re:  Audit Extension.

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

16.  Memorandum of Finance Director thru Town Administrator, re:  Fire Department Surplus Vehicles – 2008 and 2010 Ford Explorers.

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

17.  Resolution of the Council, re:  Fire Department Surplus Vehicles – 2008 and 2010 Ford Explorers.

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

18.  Memorandum of Finance Director thru Town Administrator, re:  School Department Surplus - Technology Equipment.

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

19.  Resolution of the Council, re: :  School Department Surplus - Technology Equipment.

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

20.  Communication of Tax Assessor dated November 12, 2024, re: Cancellation of Taxes for certain Middletown Residents.

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

21.  Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.

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

22.  Communication of Tax Assessor dated November 25, 2024, re: Cancellation of Taxes for certain Middletown Residents.

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

23.  Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.

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

24.  Communication of Tax Assessor dated December 9, 2024, re: Cancellation of Taxes for certain Middletown Residents.

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

25.  Resolution of the Council, re: Cancellation of Taxes for certain Middletown Residents.

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

26.  Transfer of Burial Lots from Arnold Barboza of Ocala, Florida to Ruth Barboza of Portsmouth, RI – Section 15, Grave 156 (63 sq. feet).

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

27.  Memorandum of Town Administrator, re:  Adding Ordinance to Regulate Temporary Storage Units on Residential Property. (Council action to forward to the Planning Board for review and recommendation.)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and forward to the Planning Board for review and recommendation.

28.  Email communication of Michael Flynn, re:  Atlantic Beach Tax Increment Financing (TIF) District, including three memorandums from Easton’s Point Association. (Council action to forward to the Town Solicitor for response.)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said email communication and refer to the Town Solicitor for response.

Mike Flynn, Middletown, Easton’s Point Association President, reviewed the memorandums above, requesting a written response from the Town Council.

Council President Rodrigues noted the request will be referred to the Town Solicitor for response.

Discussion centered around the Purgatory Road sidewalk project, the location of the sidewalk on Purgatory Road that runs to the beach, the materials used for the sidewalk construction and the timeline of the project.

29.  Petition submitted by Attorney Girard Galvin to Amend the Comprehensive Plan, Zoning Ordinance and Create A Zoning Overlay District. (Council action to forward to the Planning Board for review and recommendation.)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Petition and forward to the Planning Board for review and recommendation.

30.  Memorandum of Town Administrator, re: Proposed Amendment to §1209 Exempt Signs, Window Signs- Non-illuminated. (Council action to forward to the Town Solicitor to prepare an ordinance.)

On motion of Vice President Welch, duly seconded, to receive said memorandum, add the additional change below and forward to the Town Solicitor to prepare an ordinance.

Current language:

WINDOW SIGN. Any sign visible from the exterior of a building which is painted on, affixed to, or suspended immediately in front of or behind or on a window.

Proposed language:

Window Sign.  Any sign visible from the exterior of a building and exposed to public view that is posted, painted on, affixed to, leaning against, suspended in front of, or placed within three feet behind a window.

.

Discussion centered around the request for the change to the ordinance originated with local businesses, the change to the ordinance allows for easier enforcement and compliance, and the ordinance pertains to window signs that stick on windows.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum, add the additional change below and forward to the Town Solicitor to prepare an ordinance.

Current language:

WINDOW SIGN. Any sign visible from the exterior of a building which is painted on, affixed to, or suspended immediately in front of or behind or on a window.

Proposed language:

Window Sign.  Any sign visible from the exterior of a building and exposed to public view that is posted, painted on, affixed to, leaning against, suspended in front of, or placed within three feet behind a window.

31.  Email communication of John Mello, re:  Resignation from the Road and Utilities Advisory Committee.

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

32.  Email communication of Councillor Roberts, re:  Resignation from the Affordable Housing Committee.

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

33.  Memorandum of Town Clerk, re:  Appointment of Tree Warden – 2025.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum and reappoint Alan Kirby as Tree Warden - 2025.

34.  Rules of the Council. (Council action will be taken on this item at the January 6, 2025, Regular Meeting of the Council.)

On motion of Vice President Welch, duly seconded, to receive said Council Rules and act on them at the January 6, 2025, Regular Meeting of the Council.

Councillor Turano inquired how the changes to the Council rules were initiated and the purpose for the rules being placed on the agenda.

Town Solicitor Peter Regan, responding to Councillor Turano, explained the Council rules were placed on the agenda to allow the Council to review them in advance of adopting the Rules at the next regular meeting of the Council.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Council Rules and act on them at the January 6, 2025, Regular Meeting of the Council.

35.  Council Representation on various Boards and Committees. (Council action will be taken on this item at the January 6, 2025, Regular Meeting of the Council.)

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said Council Representation on various Boards and Committees list, add the Bicycle and Pedestrian Committee, Comprehensive Community Plan Committee and Library Building Committee to the list and act on them at the January 6, 2025, Regular Meeting of the Council.

36.  Application of Special Event Permit from Middletown Little League and MHS PTG, fundraiser for MHS scholarship, Islander Plunge - A polar plunge to be held on Wednesday, January 1, 2025 (New Years Day) at 2nd Beach, arrival time is 11:00 am, plunge at 12:00 p.m. (Applicant 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 all fees.

37.  Application of Grafik Coffee Co. dba Grafik Coffee, 40 Valley 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 Building Official, Fire Marshal and Board of Health approvals.

38.  Communication of Annemarie Hogan, re:  Request that the Middletown Town Council consider selling both daily and season parking passes at Third Beach to the general public.

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

Annemarie Hogan, Middletown, reviewed her communication above. Ms. Hogan requests the Council to consider selling season parking passes at Third Beach to non-residents. Ms. Hogan noted the revenue from the sale of the passes could be used to offset the cost of the school building project.

Council President Rodrigues noted the residents appreciate that Third Beach is a resident only beach and the beach manager has the discretion to open up the Third Beach parking lot on busy days for anyone to park.

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

An Ordinance in amendment to the Town Code Title IX General Regulations, Chapter 96 Tree Preservation and Protection, Section 96.03 Public Shade Trees, Section 96.05 General Provisions (F) Enforcement, Section 96.06 Public Shade Tree Priority.

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

Town Administrator Shawn Brown reviewed the amendments to the ordinance.

A vote was taken.

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

Town Solicitor Peter Regan recused himself from item #40, due to a possible conflict of interest.

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

An Ordinance in amendment to the Town Code Title IX General Regulations, Chapter 98, entitled Short-Term Rental Leases is hereby amended by amending Section 98.02 Definitions.

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

Town Administrator Shawn Brown reviewed the amendment to the ordinance, noting the amendment was reviewed by Attorney Skwirz and is supported by STROM.

A vote was taken.

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

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

An Ordinance in amendment to the Town Code Title III Administration, Chapter 32 Departments, Boards and Commission, Chapter School Building Committee, Section 32.95 School Building Committee (C) Organization, officers and (E) Duties and responsibilities (2).

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

Town Administrator Shawn Brown reviewed the amendments to the ordinance above.

A vote was taken.

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

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

An Ordinance in amendment to the  Town Code Title III, Administration Chapter 32, Entitled “Departments, Boards and Commissions” is amended by adding a new Section 32.96 entitled “Library Building Committee”.

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

Town Administrator Shawn Brown explained the Library Building Committee was modeled similarly to the School Building Committee and will oversee the Library construction project.

Discussion centered around the implementation of a Library Building Committee will help to facilitate reimbursement from the state, the ordinance has been reviewed by the Library Board and Library Director, and they will be seeking public participation for the Library Building Committee.

A vote was taken.

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

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

An Ordinance in amendment to the Town Code Title VII Traffic Code, Chapter 75, entitled “Traffic Schedules”, Schedule V entitled “School Zones”, is hereby amended by adding an additional school zone.

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

Town Solicitor Peter Regan noted the amendment to the ordinance designates Valley Road in front of the High School as a school zone, which will allow for the installation of the school zone cameras.

A vote was taken.

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

44.  Memorandum of Town Administrator, re: Amending Chapter 36 Fee Schedule Building & Zoning.

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

Town Administrator Shawn Brown reviewed the memorandum above and amendments to the ordinance.

Discussion centered around how the cost of a building permit is calculated, the building permit fees are set by the state, and reducing building fees to incentivize affordable housing.

A vote was taken.

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

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

An Ordinance in amendment to the Town Code Title III, Administration, Chapter 36, Entitled “Fee Schedule”. (B) Building/Zoning, (3) Construction Permit Fees - All Building, Demolition/Moving, Electrical, Plumbing, Mechanical and Sign Permits.

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

Town Solicitor Peter Regan noted the amendments to the ordinance are to update the fee schedule to reflect the current fees.

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

46.  Resolution of the Council, re:  Proposed amendment to Section 44-5-11.8 of the General Laws entitled “Tax Classification”. (Long-term rentals)

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

Council President Rodrigues noted the initial request behind the resolution is to allow homeowners with rental properties to receive the residential tax rate with proof of long-term renters.

Discussion centered around the changes requires enabling legislation from the state and approval of the General Assembly, a new ordinance would also need to be adopted by the Council to allow the change of Tax Classification, using Newport’s program as a model for Middletown and what types of documentation would be required by the homeowner to show proof of a long-term rental.

A vote was taken.

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

47.  Memorandum of Councilor Logan, re:  AED Devices for Town properties.

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

Councillor Logan reviewed his memorandum above. Councillor Logan inquired about the cost and funding of the AED devices.

Town Administrator Shawn Brown, responding to Councillor Logan, explained he will speak with the School Superintendent regarding the installation of the AEDs at the School Facilities and the Interim Fire Chief regarding the installation at the beaches and will report back to the Council with recommendations.

A vote was taken.

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

On motion of Councillor Turano, duly seconded, it was voted unanimously to act on item

72 at this time.

48.  Memorandum of Town Administrator, re:  ARPA Funds Commitment Recommendation.

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

49.  Resolution of the Council, re:  Approving the American Rescue Plan Act (ARPA) spending plan.

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

Finance Director Marc Tanguay reviewed the memorandum and slide in item #48.

Discussion centered around how the ARPA project recommendations were made, the need to replace athletic equipment at the schools, the project list was identified within the capital plan as needed replacements, and utilizing public input of needed projects for the ARPA funding.

A vote was taken.

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

50.  Communication of Operations & Facility Manager, re: Extension recommendation for the Second Beach Food Concession, Contract MIDD 021-004 Services.

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

51.  Resolution of the Council, re:  Extension for the Second Beach Food Concession, Contract MIDD 021-004 Services.

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

52.  Memorandum of Town Administrator, re:  Middletown Library Project Consultant.

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

53.  Resolution of the Council, re:  Agreement with Lauren Stara as Middletown Library Project Consultant 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.

Town Administrator Shawn Brown reviewed the memorandum in item #52.

Library Director Kimberly Usselman noted support for the proposed Library Consultant.

Town Solicitor Peter Regan explained the hiring of a Library Project Consultant is a requirement for State reimbursement for the Library Building Project.

A vote was taken.

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

54.  Memorandum of Finance Director, thru Town Administrator, re:  Howland Park and Linden Park Playground Equipment Purchase.

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

55.  Resolution of the Council, re:  Award of contract for Howland Park and Linden Park Playground Equipment Purchase and authorize the Finance Director to execute the contract on behalf of the Town.

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

Operations and Facilities Manager Will Cronin reviewed the memorandum in item #54.

Discussion centered around the boards at the hockey rink at Howland Park are not being replaced, and the need to replace athletic equipment at the schools.

A vote was taken.

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

56.  Memorandum of Town Administrator, re:  Situation Table Program in Partnership with Newport.

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

57.  Resolution of the Council, re:  Collaborate with the City of Newport to implement the Situation Table Program and authorize the Finance Director to execute the agreement on behalf of the Town.

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

Town Administrator Shawn Brown reviewed the memorandum in item #56.

Community Outreach Director Lori Turner noted the program is an evidence based proven model and the importance of Middletown and Newport collaborating on this program.

A vote was taken.

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

58.  Memorandum of Town Administrator, re:  Change Order to FJS Associates Contract (Project 351 East Main Road).

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

59.  Resolution of the Council, re: Change Order to FJS Associates Contract (Project 351 East Main Road) – Authorizing the Town Administrator to execute said change order on behalf of the Town in the amount of $42,400.00.

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

Council President Rodrigues explained the recommendation came from the Affordable Housing Committee to explore three affordable housing concepts for the property. Councillor Rodrigues also inquired about the timeline of the project.

Frank Spinella, FJS Associates, addressed the Council explaining the steps are to develop three housing concepts for the property, get review and recommendation from the Affordable Housing Committee and a decision of the Town Council.

Discussion centered around the three types of housing units- single family homes, townhomes and a combination of both, construction could begin in the Spring of 2026, applying for funding of the project, and who will be selling the units.

A vote was taken.

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

60.  Resolution of the Council, re: Change Order to FJS Associates Contract (Project 351 East Main Road) Authorizing the Town Administrator to execute said change order on behalf of the Town in the amount of $45,000.00.

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

61.  Memorandum of Finance Director, thru Town Administrator, re:  2024 COPS Hiring Program (CHP) Grant – Fiscal Impact.

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

62.  Resolution of the Council, re: 2024 COPS Hiring Program (CHP) Grant – Authorizing Town match and the Finance Director to execute the grant agreement on behalf of the Town.

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

Town Administrator Shawn Brown reviewed the memorandum in item #61.

A vote was taken.

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

63.  Memorandum of Finance Director, thru Town Administrator, re:  Green End Avenue and Berkeley Avenue Grant Award Notification.

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

64.  Resolution of the Council, re:  2024 RIDEM Climate Resilience Grant award in the amount of $400,000 to fund the replacements at Green End Avenue and Berkeley Avenue - Authorizing the Town Administrator to accept said grant, execute the grant agreement and allocate town matching funds from the American Rescue Plan Act funding in the amount of $200,000.

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

Town Administrator Shawn Brown reviewed the memorandum in item #63.

Discussion centered around the project is to replace culverts and is not for the installation of a rotary, there is no cost to the taxpayer for the project, water issues and flooding on Berkeley Avenue, there are no further water filtration systems being installed in the area which require maintenance by the Town and increased street sweeping can improve stormwater issues.

A vote was taken.

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

65.  Resolution of the Council, re:  2024 Rhode Island infrastructure Bank (RHB) Grant award under the RIBB Resilient Rhode Municipal Resilience Program Action Grant program award in the amount of $750,000 to fund culvert replacements at Green End Avenue and Berkeley Avenue - Authorizing the Town Administrator to accept said grant, execute the grant agreement and allocate town matching funds from the American Rescue Plan Act funding in the amount of $187,500.

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

66.  Memorandum of Finance Director, thru Town Administrator, re:  Fire Department Brush Truck replacement.

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

67.  Resolution of the Council, re:  Purchase of Fire Department Brush Truck and authorizing the Finance Director to execute the purchase on behalf of the Town.

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

Town Administrator Shawn Brown reviewed the memorandum in item #66.

Councillor Turano inquired if the truck would be used to pull the Harbormaster boat.

Interim Fire Chief Robert McCall addressed the Council, explaining the truck would be used to pull the Fire Department boat and jet ski.

A vote was taken.

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

said resolution.

68.  Memorandum of Finance Director, thru Town Administrator, re:  Vehicle Purchase: Fire Department Rescue 1 and Rescue 3 Replacement.

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

69.  Resolution of the Council, re:  Purchase of Fire Department Rescue 1 and Rescue 3 Replacement and authorize the Finance Director to execute said purchase on behalf of the Town.

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

Town Administrator Shawn Brown reviewed the memorandum in item #68.

Discussion centered around the replacement of the rescue vehicles takes approximately 2 1/2 years to be delivered for service, the importance of the rescue replacement program, the funding comes from the rescue fund, the fees that are billed to insurance companies for rescue reimbursement go into the rescue fund and the used rescue wagons are traded in for the new replacements.

A vote was taken.

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

70.  Memorandum of Town Administrator, re: Vehicle Purchase: Department of Public Works Vehicle Purchase- Town Engineer.

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

71.  Resolution of the Council, re: Authorizing a Vehicle Purchase for Town Engineer and the Finance Director to execute said purchase on behalf of the Town.

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

Discussion centered around if the vehicle expense was in the budget and there is funding available for the purchase in the CIP.

A vote was taken.

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

Item #72 was acted on after item #47.

72.  Memorandum of Valarie Gelb, Vice Chair, Middletown Economic Development Advisory Committee, re:  Taxation of residential properties used as long-term rentals.

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

Valarie Gelb, Vice Chair Middletown Economic Development Advisory Committee, addressed the Council reviewing the memorandum above.

Discussion centered around reviewing the impact of the proposed tax classification ordinance on the budget and how to make sure the property owner is passing along the tax savings to the renter.

The Council returned item #48 at this time.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:14 p.m.

Wendy J.W. Marshall, MMC

Council Clerk