May 19, 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, May 19, 2025 at 5:01      P.M.

Members Present:

Council President Paul M. Rodrigues, Presiding

Councilor Peter D. Connerton, Sr.

Councilor Charles R. Roberts

Councilor Dennis B. Turano.

Councilor Barbara A. VonVillas

Absent:

Vice President Thomas P. Welch, III

Councilor Christopher M. Logan

POSTED MAY 14, 2025

REGULAR MEETING MAY 19, 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, May 19, 2025, 5:00 P.M. Executive Session; 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: 892 9114 7808  or on the web at https://us02web.zoom.us/j/89291147808

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 you call 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 (Fire Chief), (2) Potential Litigation, (2) Collective Bargaining (NEARI/Town Hall), (5) Land Acquisition and (2) Litigation -(PUC Docket No. 22-42-NG – SB-2021-04 – Old Mill Lane) review, discussion and/or potential action and/or vote in executive session and/or open session.

Councilor Turano noted that Acting Fire Chief Robert McCall was notified in writing Pursuant to RIGL 42-46-5 (a) (1).

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

On motion of Councilor Turano, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:16 p.m.

On motion of Councilor Turano, duly seconded, it was voted unanimously to confirm the Fire Chief’s appointment, compensation and approve the Fire Chief’s contract.

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

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive the NEARI/Town Hall Union Fiscal Impact Statement.

On motion of Councilor Turano, duly seconded, it was voted unanimously to approve the Hoogendorn Brothers Sewer agreement.

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

2.    Appointment of Fire Chief and Swearing In.

On motion of Councilor Turano, duly seconded, it was voted unanimously to begin the swearing in of the newly appointed Fire Chief Robert McCall.

Present with Fire Chief Robert McCall were his wife, Janelle, 2 Sons, Cole and Cameron, Mother Lynn McCall, Uncle David Smith Former Chief of Police (Westerly & Narragansett) and Mother-in-Law Diane Brissette.

Council President Rodrigues noted that Rob is the right person for the job.  Mr. Rodrigues noted that Rob was not considered the last time for the Fire Chief position, even though Rob was Acting Fire Chief at that time. Council President Rodrigues explained that Rob continued to work for the Middletown Fire Department and now is his time to be appointed Middletown Fire Chief.

Robert McCall was sworn in as Middletown Fire Chief by Town Clerk Wendy J.W. Marshall, pinned by his wife, Janelle and two sons, Cole and Cameron.

Robert McCall read the following into the record:

Good evening, everyone,

I am truly humbled and honored to stand before you tonight as the Fire Chief of the Middletown Fire Department.

This is not just a professional milestone – its deeply personal.  This town, this department, and this community have shaped me into the person and leader I am today.  To have the opportunity to give back in this role is something I do not take lightly.

I want to begin by sincerely thanking President Rodrigues, the Middletown Town Council and our Town Administrator Shawn Brown for your trust and confidence in me.  Your support has been invaluable, and I pledge to work every day to justify that trust and to lead with transparency, dedication and heart.

To all our Town Hall Employees, the Department of Public Works, and the Middletown Police Department – thank you for your constant collaboration and shared commitment to keeping our town running safely and efficiently.  We are stronger because of the way we work together, and I’m proud to be part of that team.

To my incredible wife, Janelle – thank you for always being by my side, for your love, your strength and your patience through the long shifts, late calls and many sacrifices we’ve had to make.  You’ve never wavered, and I’m endlessly grateful.

To my two sons, you are my greatest inspiration. Cole, you amaze me every day on and off the field. One of you faces challenges that many don’t see- and yet, your strength, your spirit and your unique way of viewing the world remind me daily what true resilience looks like.  Having a son on the Autism Spectrum has taught me so much – about empathy, about advocacy, and about the power of community.  It’s why I proudly stand as a strong advocate for special needs children and their families.  You are not alone, and you always have a voice in me.

To my mother, father and my entire family, thank you for your unwavering support and love throughout my journey.  You grounded me, believed in me, and helped shape the values I bring to this role.  I know my father is looking down proud.

And to the men and women of the Middletown Fire Department – this title, this position is not about me.  It’s about us.  It’s about the community we serve and the team we build together.

I would like to take a moment to recognize the mentors who helped shape my journey – the former Fire Chiefs, Officers and Firefighters I’ve had the privilege to work under, each of whom taught me lessons that I carry with me every day.

But there is one who stands out – Chief Ron Dorie. Chief, your guidance, leadership and belief in me helped shape not only my career but the kind of leader I strive to be.  Your example showed me how to lead with fairness, strength and respect – and I am forever grateful.

Boys of Battalion 3 – no more complaining, “Battalion Chief there is no ice cream in the refrigerator.”

Lastly, I want to thank one of my closest friends, someone who’s been in the trenches with me and who I lean on more than he probably knows – Lieutenant Matt Gill.  Your friendship, honesty and support have meant everything to me.  Thank you for always being there.

As I begin this new chapter, I want to share a guiding thought:

“I am not the Fire Chief – I am your Fire Chief.”

That distinction is everything.  I am here to serve you, to support you and to lead with you, and to lead with humility, purpose and commitment.

Middletown is a community build on heart – on people who look out for each other, who show up when it matters and who lead with compassion.  That’s the kind of department we will continue to be – one that values service, courage, family and inclusivity above all else.

Thank you again for this incredible honor.  I’m ready to serve with everything I’ve got.

3.    Communications five (5) of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re:  New Middletown Middle-High School.

a.    Recommendation to Award (RTA-14A) – Elevators

b.    Recommendation to Award (RTA-21A) – Fire Suppression

c.     Recommendation to Award (RTA-22A) – Plumbing

d.    Recommendation to Award (RTA-23A) – HVAC

e.    Recommendation to Award (RTA-99A) – Site Servies (Field Office Trailers)

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said communications.

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

4.    Resolution of the Council, re:  Approving the recommendation for Gilbane Building Company to award the subcontracts of Elevators, Fire Suppression System, Plumbing, HVAC and Site Services for the construction of the Middle-High School project, the funding for the proposal is to be from the School Improvement Bond Proceeds, all expenses recorded in the School Department’s Capital Projects Fund and authorize the Town Administrator to notify Gilbane Building Company to award the subcontracts.

On motion of Councilor Turano, duly seconded, it was voted unanimously to pass said resolution.

5.    Communications six (6) of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re:  Renovations of Existing Middletown High School (ES Complex).

a.    Recommendation to Award (RTA-001) – Demolition and Abatement

b.    Recommendation to Award (RTA-002) – Mechanical Systems Repairs

c.     Recommendation to Award (RTA-003) – Fire Suppression

d.    Recommendation to Award (RTA-004) – Sitework

e.    Recommendation to Award (RTA-007) – Plumbing

f.      Recommendation to Award (RTA-009) – Doors, Frames & Hardware

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said communications.

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

Mr. McCarthy noted that b.  RTA-002 – Mechanical Systems Repairs will be address at the next meeting.

Discussion centered around everything is on time and on budget, change orders and how they are handled, the contracts are guaranteed maximum price locks and the projects are each tracked separately.

6.    Resolution of the Council, re:  Approving the recommendation for Bentley Companies to award the subcontracts of Demolition and Abatement, ~~Mechanical Systems Repairs ~~(To be heard at the next meeting), Fire Suppression, Sitework, Plumbing and Doors, Frames & Hardware for the renovation of the Elementary School Complex project, the funding for the proposal is to be from the School Improvement Bond Proceeds, all expenses recorded in the School Department’s Capital Projects Fund and authorize the Town Administrator to notify Bentley Companies, LLC to award the subcontracts.

On motion of Councilor Turano, duly seconded, it was voted unanimously to pass said resolution.

7.    Email communication of Don Morin, Chair Tax Exploration Committee, re: PowerPoint Presentation of Tax Exploration Committee – Check-In with Town Council.

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said email communication and begin said presentation.

Don Morin, Chair Tax Exploration Committee, presented the Council with a PowerPoint Presentation of Tax Exploration Committee – Check-In with Town Council, which is on file in the Office of the Town Clerk.

Discussion centered around the increase in land values has had the biggest impact on properties in the Town, the last re-evaluation of the Town did what it should do, land values increased, but the buildings themselves have not increased, and open building permits are being reviewed and closed out sending the information to the Tax Assessor to update Town properties.

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.

9.    Approval of Minutes, re:  Special Meeting, April 26, 2025.

On motion of Councilor Turano, duly seconded, it was voted unanimously to approve said minutes.

10.  Approval of Minutes, re:  Special Meeting, April 28, 2025

On motion of Councilor Turano, duly seconded, it was voted unanimously to approve said minutes.

11.  Communication of Dan Lambe, Chief Executive of the Arbor Day Foundation, re: Congratulating Middletown on earning recognition as a 2024 Tree City USA status.

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said communication.

12.  Applications from the following named persons, firms and corporations for RENEWAL of Mechanical Amusement Device Licenses, for the 2025-2026 licensing year:

Mechanical Amusement Device – Expires May 5__th__, 2026

Gilbert-Burton Post #4487/VFW- 52 Underwood Lane (One Juke Box, One Pool Table and One Game)

HPK, Inc./Tickets- 15 Aquidneck Avenue (One Juke Box)

Kempenaar Real Estate/Howard Johnson Motor Lodge- 351 West Main Road (Four Games)

S.C.S.JR. Restaurant Corp., Inc/Scotty’s Big Dawg’s Sports Pub – 823 West Main Road (One Juke Box, One Pool Table and One Game)

Shaw’s Supermarkets, Inc./Shaw’s #1442 - 72 East Main Road (One Game)

SK Industries, Inc./Rusty’s- 44 Wave Avenue (One Juke Box, One Pool Table, One Game)

Sonesta International Hotels Corporation/Sonesta Select Newport/Middletown – 9 Commerce Drive (Three Games)

The Pub at Two Mile Corner, Inc./ The Pub at Two Mile Corner- 10 Maple Ave (One Juke Box, One Pool Table, Two Games)

Woody’s Tavern, LLC/Woodhooker’s- 238 East Main Road (One Juke Box, One Pool Table, One Game)

On motion of Councilor Turano, duly seconded, it was voted unanimously to grant said license renewals.

13.  Application of Diegos Middletown, LLC dba Diego’s Barrio Cantina, 116 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2025-2026 licensing year.

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

14.  Application for Special Event Permit from Newport County YMCA for use of upper field on John Clarke Road for summer camp/programming (Field at the top of YMCA parking lot on John Clarke Road), June 1, 2025 to September 1, 2025 from 9:00 am to 5:00 pm. (The applicant respectfully requests the permit fee to be waived)

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

15.  Application for Special Event Permit from Newport Sauna for Sauna at the beach, Mobile Sauna on site for winter swimmers/paddlers/plungers at Third Beach from October 2025 to April 2026 (1-2 days per week 5 hours on site max).

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

Discussion centered around the first time a permit was issued for this type of activity was on a trial basis and there have been no issues with the vender.

A vote was taken.

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

16.  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 6 Application of District Regulations, § 602. Schedule of District Regulations. (Planning Board recommendation is on file)

Public Hearing was declared open.

Attorney David Martland, representing the applicant, was present to answer Council inquiries.

Applicant Larry Phillips, owner/applicant, was present to answer Council inquiries.

Discussion centered around the change in the zoning would allow for storage in an Office Business District, but the owner of the property would need a Special Use Pemit to allow for warehouse storage, the location of the building is at KVH adjacent to Town Hall, traffic going to the building, storage would be used seasonally, currently the building is being used for storage and the Council is requesting a drawing of the building outlining the uses of the building.

Valerie Gelb, Middletown, addressed the Council noting concern that making zoning changes for one building is concerning.  Ms. Gelb explained that now any building in an Office Park can have storage with a Special Use Permit.

Attorney David Martland noted that the proposal is a change to the use table for OB Zoning districts only and would not affect the Office Park where Johnny Cake Hill Road is.

Lawrence Frank, Middletown, addressed the Council inquiring about the number of employees at the building.

Larry Phillips, Newport, addressed the Council noting that the employee numbers are dependent upon the tenants leasing the spaces for commercial businesses at the location.

There being no other persons present or on zoom desiring to speak, public hearing will remain open.

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said ordinance on its first reading.

17.  Communication of the Newport County YMCA “Sharks” Special Olympics Team, re:  Requesting support for the Newport County YMCA Charity Golf Tournament by sponsoring a tee signs.

On motion of Councilor Turano, 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.

18.  Memorandum of Vice President Welch, re:  Proposed Summer Council Meeting Schedule.

On motion of Councilor Turano, duly seconded, to receive said memorandum and approve said proposed summer Council meeting schedule.

Discussion centered around that the Council is good with the proposed dates and a Special Meeting can be called, if needed.

A vote was taken.

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said memorandum and approve said proposed summer Council meeting schedule.

19.  Memorandum of Councilor Turano, re:  Resolution in Opposition to RI 2025 Gun Control Legislation.

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said memorandum.

Councilor Turano reviewed the memorandum above and the following two handouts.

Councilor Connerton noted support for a resolution.

Council President Rodrigues noted agreement and explained that there is support from the Newport Rifle Club on Wyatt Road, Middletown.

On motion of Councilor Turano, duly seconded, it was voted unanimously to prepare a Middletown Town Council resolution in Opposition to the RI 2025 Gun Control legislation.

George Nichols, representing the Newport Rifle Club, addressed the Council in support of a resolution in opposition to the RI Gun Control Legislation.  Mr. Nichols explained his personal experience and qualifications for gun safety and laws.

20.  Memorandum of Town Administrator, re: Recommendation of Affordable Housing Committee for East Main Road Housing Project.

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said memorandum.

Frank Spinella, representing FJS Associates, presented a power point presentation, which is on file in the Office of the Town Clerk.

Discussion centered around the income/ratio for applicants to qualify to purchase affordable housing in the East Main Road development, deed restrictions on the property, the East Main Road is fair housing and available to anyone and not wanting people to fail economically.

Karen Biastre, Middletown, noted support for the Affordable Housing project but noted disappointment that the AMI ratio for purchasing the property is too high.

Discussion centered around HUD setting limits for the purchasing, the need for affordable housing at all income levels and that there are people that do not meet the 65% AMI.

Wendy Heaney, Middletown, addressed the Council inquiring if applicants can use state funding/grant programs for down payment assistance.

Frank Spinella, responding to Wendy Heaney, noted that yes, there are programs that can be combined to assist with purchasing the housing.

On motion of Councilor Turano, duly seconded, it was voted unanimously to approve the recommendation of the Affordable Housing Committee for the East Main Road housing project, Preliminary Scheme B, 36 units mix of detached and attached.

21.  Memorandum of Town Administrator, re: Undergrounding Utilities in Atlantic Beach District.

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said memorandum.

Town Administrator Shawn Brown reviewed the memorandum with attachments above.

Discussion centered around RI Energy will provide a project estimate in eight months if the Town pays $103,000 for a project estimate and potential funding for the project.

Valerie Gelb, Middletown, addressed the Council noting that people in the community think the Atlantic Beach District is a viable area and a gateway to Middletown. Ms. Gelb explained that the businesses in the Atlantic Beach District area are willing to assist with the cost, but she is not confident of monies that will be donated for the project until after there is a price tag for the project.

Lawrence Frank, Middletown read the following into the record:

Town Administrator Shawn Brown noted that tonight is just an update of the project, and he will bring back the contract for the project estimate.

22.  Memorandum of the Town Administrator, re:  Amending the Special Event Ordinance for Consideration of Non-Profits.

On motion of Councilor Turano, duly seconded, it was voted unanimously to receive said memorandum.

Town Administrator Shawn Brown reviewed the memorandum above and noted that he will prepare an ordinance for the Town Council to consider.

On motion of Councilor Turano, duly seconded, it was voted unanimously to adjourn said meeting at 8:40 p.m.

Wendy J.W. Marshall, MMC

Council Clerk