Mar. 17, 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, March 17, 2025 at

5:00 P.M.

Council President Paul M. Rodrigues, Presiding

Vice President Thomas P. Welch, III

Councillor Peter D. Connerton, Sr.

Councillor Christopher M. Logan

Councillor Charles R. Roberts

Councillor Dennis B. Turano, arrives at 5:02 p.m.

Councillor Barbara A. VonVillas, Members Present

POSTED MARCH 12, 2025

REGULAR MEETING MARCH 17, 2025

TOWN COUNCIL OF THE TOWN OF MIDDLETOWN, RHODE ISLAND

The following items of business, having been filed with the Town Clerk under the Rules of the Council, will come before the Council at a regular meeting to be held on Monday, March 17, 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: 868 2953 5096   or on the web at https://us02web.zoom.us/j/86829535096

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, (5) Land Acquisition, (2) Potential Litigation and (2) Collective Bargaining (NEARI/Library)  - review, 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 6:30 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the fiscal impact statement for the NEARI/Library 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.    At the request of Councillor Logan, Citation of the Council, re:  Making Middletown Marvelous - Randy Butler.

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

Coucillor Logan read the following into the record:

Butler Basketball Club was started in 2016 by Randy Butler and Janetta Donovan which quickly grew into a community based program which focuses on using basketball as a means to give back to members of the island.

The first event held by the club was a free community day in which local law enforcement officers from Aquidneck Island teamed up with youth from their communities and played alongside each other in a fun day of competing and getting to know each other. DJ's provided music, food and drinks were donated, games were played, raffles were drawn and the community got to know their local enforcement officers. We have made this an annual event since the club's inception.

They have an annual "Spread Kindness" day where the youth in our program get together to put surprise gifts together to pass out all over their community.

They have an annual backpack drive at the start of each school year.

They have a donation drive to supply winter attire to the local elementary schools

They adopt families as part of annual holiday drive

They provide a scholarship to high school seniors

They have teamed up with Bob's Big Give and started an annual Turkey giveaway. This provided hundreds of Thanksgiving meals to local families. During Covid, we teamed up again to give out over 1100 cases of Blount Soup to local families in need!

There latest endeavor is called Island Life Skills where they provide opportunities for our youth to participate and learn about critical life skills for their future success.  They recently had a two part financial literacy session and brought in experts from People’s Credit Union, Centerville Bank and others to teach our youth about essential money management.

Randy and the whole team is creating an environment for the youth to compete, learn and socialize while instilling the vital developmental assets of fair play, hard work and tolerance. In his own words, basketball is our tool but our program is much more than that, and that is the reason we started it to begin with.

Councillor Logan presented Mr. Butler with a citation and gift.

3.    Memorandum of Town Planner, re:  Presentation – Draft regional hazard mitigation plan -Paige Myatt, Director of Climate Resilience, Aquidneck Island Land Trust –  Aquidneck Island 2025 Hazard Mitigation and Flood Management Plan. – Requesting Council approval to send the draft plan for state and federal review.

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

Paige Myatt, Director of Climate Resilience, Aquidneck Island Land Trust presented a PowerPoint presentation Aquidneck Island 2025 Hazard Mitigation and Flood Management Plan, which is on file in the Office of the Town Clerk.

Discussion centered around the importance of a flood management plan for reimbursement purposes.

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve sending the draft Regional Hazard Mitigation plan to the RI Emergency Management Agency and FEMA for review.

4.    The Town Administrator will provide an update on:

a.    School Building Project

b.    Library Building Project

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the School Building Project and Library Building Project updates.

Shared Facilities Director Ed Collins reviewed the following update for the School Building Project:

Design Update:

The MS/HS 100% Construction Documents (CD’s) were distributed to the CM for GMP pricing and construction on March 7th.

The estimates for the 60% CD drawings and specifications for the ES Complex (Existing HS) have been reconciled to within 2%. The ES Complex construction budget (excluding soft costs) is $10.1M pending a follow-up meeting with RIDE. (no changes to this update)”

Construction Managers Update:

Colliers, the design team, Middletown Facilities Director, SBC vice-chair, and Bentley met on February 27th to review logistics of the construction at the existing high school over the summer of 2025. (no changes to this update)

The project team met with Gilbane on March 3rd for a purchasing kick-off meeting for the MS/HS. Gilbane is working on the first group of bid packages and intends to have them distributed to subcontractors by March 17th with bids & scope reviews complete by April 11th and Recommendations to Award (RTA’s) provided to the SBC by April 24th in advance of the April 30th SBC meeting. The first group of bid packages includes Sitework, Cast-In-Place Concrete, Structural Steel, and Elevators.

Budget and Schedule:

The project remains on time and on budget. An updated budget summary and schedule will be provided at the March 26th SBC meeting.

RIDE:

RIDE provided minor comments on the 60% CD submission for the MS/HS on March 3rd which were addressed and uploaded to the RIDE portal on March 7th.

The project team met with RIDE on March 13th to review both MPS projects. The minutes from this meeting are attached.

Planning Board:

A special meeting of the planning board was held on February 26th. The planning board unanimously approved the preliminary plan for the major land development for the MS/HS with some minor conditions, which will be addressed by the design team. (no changes to this update)

Build RI:

Attorney William O’Gara has been retained to provide the feasibility study for a PLA at the MS/HS project. Atty. O’Gara is working with Colliers and Gilbane to complete the study by late March or early April.

AHJ Permitting:

RIDEM and RIDOT have provided comments on the respective permit applications, which the design team is actively working to address. (no changes to this update)

FAA Aeronautical Study is complete and requires no marking or lighting to be added to the MS/HS. (no changes to this update)

MISC:

Colliers is working to finalize the request for proposal (RFP) for Special Inspections and Materials Testing for both projects to present at the next SBC meeting.

Shared Facilities Director Ed Collins reviewed the following update for the Library Building Project.

Project Manager / Owner's Representative (OPM):

• A subgroup of the Library Building Committee members reviewed and ranked the five proposals received in response to the Request for Qualifications for the OPM per MIDD-025-002.  The entire Committee then interviewed the top two candidates at their March 5th meeting.
• At that meeting, the Committee unanimously approved recommending that the Town Council negotiate and execute an agreement with Downes Construction on behalf of the Town for Project Manager / Owner’s Representative services for the Library Renovation Project.

Rhode Island Office of Library and Information Services (OLIS) Public Library Construction Reimbursement Application:

• Via Kim Usselman, the Town has received the application and support materials needed for construction reimbursement from OLIS.  Once the OPM is on board, the Town will begin the application process.

Library Board of Trustees:

• The Library Board of Trustees is continuing with their strategic planning process, which is part of the aforementioned OLIS requirements.  In April the Board will begin posting two questions a week in the lobby of the library and on social media to solicit public feedback.  Information on how to participate will be shared in the next few weeks.

110 Enterprise Center Open House:

• An Open House at the future home of the Middletown Library at 110 Enterprise Center is planned for Thursday, March 20th from 5-7pm.  Members of the library staff and others involved with the project will lead tours and answer questions about the effort.

5.    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.

Joan Definis, Acting Chair for the Library Board of Trustees, read the following into the record:

The Middletown Library Board of Trustees fully endorses the Town’s decision to relocate the Library to 110 Enterprise Center. After careful consideration, we find that this site offers the space, parking, accessibility, and flexibility of use spelled out in our Library Building Program Plan (presented to Town Council in 2023) and offers the quickest path to completion with the least disruption to library services. Consequently, this existing building and location offers the best and most economical opportunity to fulfill our vision of the library as the heart of Middletown, providing expanded library and community services in a welcoming and accessible space.

The 110 Enterprise Center location is superior to the previously considered Middletown Commons site in several key ways:

●     Space: The new building provides 29,952 square feet of interior space along with 3.52 acres of land, including 122 parking spaces. The single-level open plan building will enable us to design a library that meets the evolving needs of our patrons with modern adjustable spaces to accommodate a range of activities from individual tutoring and job interviews to lectures, concerts, and recitals. Other spaces will improve access to our collections, art displays, and digital resources.

●     Timing: Previously, the plan to build a brand new building required that the library relocate temporarily before the old building was demolished until the new one was completed. In addition to construction costs, this plan would require funding for two moves and rent for a temporary location, as well as likely resulting in a chaotic and suboptimal library experience.  By adapting an existing building, we can complete the move faster (and more economically) than if we were to build a new facility, and we will only need to relocate once.

●     Accessibility & Safety: This single-story facility, set in a quiet, park-like setting is more attractive and easier to access than a multi-story building on busy West Main Road. Public transit will be able to serve the location, as well. The property’s additional green space and ample parking expand the potential for outdoor community activities in addition to the existing farmer’s market.

●     Affordability: In addition to an estimated savings of $14 million, this fiscally responsible choice limits schedule and budget risk by choosing a simple renovation over a new build.

In accordance with Town Ordinance 32.96, we have established a Library Building Committee composed of representatives from the Library Board, Town Council, Town Administration, Library staff, and members of the public. This committee has already begun its work by reviewing proposals from experienced project managers to ensure a comprehensive approach that aligns with our shared vision.

The goal of our work is reflected in our Mission and Vision Statements:

The Middletown Public Library provides a safe and inclusive space that serves our community by providing free access to information, materials, and programs, both within and beyond our walls, delivered by a welcoming and knowledgeable staff.

The Middletown Public Library strives to be the heart of the community by inspiring curiosity, connecting people, and enriching lives.

The Board of Trustees unanimously supports this next chapter for the Middletown Public Library. This move represents an opportunity to build a modern, accessible, and inspiring home for learning, creativity, and connection - a place that will serve our town for generations to come.

Approved by the Middletown Library Board of Trustees on 3/11/2025

Ruth Lescher, Middletown, addressed the Council regarding the need for a crosswalk at Surfer’s End at Second Beach.  Ms. Lescher explained that she requested a crosswalk in that area nineteen months ago and believes the crosswalk is needed for safety in the area.

Town Administrator Shawn Brown noted that the consulting engineer has been reviewing the situation, and a design is needed to keep the people safe. Mr. Brown explained the Town is looking for a solution.

Discussion centered around the area has a difficult configuration for a crosswalk, the Town is looking for a solution and making sure where the solution for the area will keep pedestrians safe.

6.    Petition of Rhode Island Energy for a pole relocation – Relocate existing P8 Ashurst Ave 27’ south to property line per request of homeowner at 81 Ashurst Avenue – Pole is presently in front of 81 Ashurst Avenue and homeowner is requesting pole be relocated to property line for driveway and landscaping. (Roads and Utilities Advisory Committee recommendation on file)

On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said Petition for pole relocation.

7.    Application of Newport Lobster and Seafood, LLC dba Newport Seafood Market, 800 Aquidneck Avenue, 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.

8.    Application for Special Event Permit from the Middletown Outreach Department for the Middletown Annual Egg Hunt, Easter Egg hunt hosted by the Middletown Outreach to be held on Saturday, April 12, 2025 (Rain date Saturday, April 19, 2025)  at 10:00 am at the Wyatt Road Soccer Fields. (Applicant respectfully requests all fees be waived)

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

9.    Application for Special Event Permit from Aquidneck Community Table for the Aquidneck Community Table Saturday Farmer’s Market to be held at 110 Enterprise Drive, beginning Saturday, May 3, 2025, through Saturday, October 25, 2025 from 9:00 am to 12:00 pm, includes a request to waive permit fee.

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

10.  Application for Special Event Permit from the Newport County YMCA for the  Newport County YMCA for Aquatics Camp and Outdoor Adventure Camp to be held June 23, 2025 to August 24, 2025, Monday thru Friday 9 am – 2 pm; Occasional Fridays 9-2 pm for OAC at Second Beach and Third Beach. (No program on July 4, 2025)

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

11.  Application for Special Event Permit from the Newport County YMCA- Race 4 Chase Triathlon training for kids to be held at Second Beach and Third Beach, beginning Monday, June 30, 2025 to Monday, August 8, 2025, Monday through Friday from 9:00 am to 12:00 pm. (No program on July 4, 2025)

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

12.  Application for Special Event Permit from Quahaug Chapter Newport RI for the Camp-O-Rama, to be held at Second Beach beginning Wednesday, September 10, 2025 through Sunday, September 14, 2025.

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

13.  Public Hearing (Advertised).

Public Hearing Remains Open.

An Ordinance of the Town of Middletown (Second Reading)

An Ordinance in Amendment to the Town Code Title XV Land Usage, Chapter 152, Entitled “Zoning Code”, §602 Schedule of District Regulations-Uses and Districts, Article 4 Definitions, §400 Definitions, § 703 Accessory Uses and Structures, § 728 Home Occupation and § 1308 Parking Restrictions. (Planning Board recommendation is on file)

Public Hearing remains open.

Alicia Reyes, Middletown, addressed the Council noting concern that the R-10 and R-20 zoning areas are too small for multifamily dwelling structures. Ms. Reyes explained that the character of the neighborhood would change and requests the Council to reconsider adopting the ordinance.

Discussion centered around that the Council can remove Article 15 from the proposed ordinance and send that portion back to the Planning Board for review and then adopt the ordinance on its second reading, as amended.

On motion of Vice President Welch, duly seconded, it was voted unanimously to remove Article 15 from the proposed ordinance and refer to the Planning Board for review.

There being no person present or on zoom desiring to be heard, public hearing is declared closed.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading, as amended.

14.  At the request of Council President Rodrigues, Resolution of the Council, re:  Restoration of General Revenue Sharing to Cities and Towns.

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

Council President Rodrigues noted that the resolution requests that general revenue sharing be restored to Rhode Island Cities and Towns.

A vote was taken.

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

15.  Communication of Council President Rodrigues and Councillor Connerton, re:  Recommendation to Recharge the Citizens Advisory Committee for West Main Road Development.

On motion of Vice President Welch, duly seconded, to receive said communication and recharge the Citizens Advisory Committee for the West Main Road Development project.

Councillor Connerton reviewed the communication above and slide below.

Melissa Welch, Middletown, addressed the Council noting that she has reached out to the members of the Citizens Advisory Committee, and they are all willing to be reinstated.  Ms. Welch explained that the Committee will shift their focus to the community space at the West Main Road Development.

Karen Barbera, Middletown, addressed the Council noting that she welcomes the opportunity to work with the committee and is looking forward to working on the community space at the West Main Road Development, explaining there are nice trees on the property that can be saved.

Discussion centered around that if the Council approves the membership/structure of the committee, the Planning Board is now looking at the overlay of the West Main Road property, reaching out to the neighbors abutting the property, the Potts family will be contacted to see if they wish to participate on the committee and the need for open space on the west side of Town.

A vote was taken.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and recharge the Citizens Advisory Committee for the West Main Road Development project.

16.  Communication of Councillor Roberts, re: Review the Town Budget in detail.

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

Councillor Roberts reviewed the above communication.

Councillor Roberts noted that other communities have direct access to town budgets.  Mr. Roberts explained he made the request so that he would not tie anyone up with meetings.

Discussion centered around secure access to the data, concern with confidential information, having a five-year budget forecast and wanting to look at projects to verify it is on budget.

17.  Communication of Councillor Turano, re: Litter Campaign.

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

Councillor Turano reviewed the above communication.

Discussion centered around a public awareness campaign and Councillor Turano will organize a cleanup in the Town.

18.  Memorandum of Town Administrator, re:  Resolution Supporting Legislative Priorities of RI League of Cities and Towns.

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

19.  Resolution of the Council, re:  In support of Rhode Island League of Cities and Towns 2025 Legislative Priorities.

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

Council President Rodrigues reviewed the above resolution.

A vote was taken.

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

20.  Memorandum of the Finance Director thru the Town Administrator, re:  Painting at Second Beach, Third Beach, Campground, Wyatt Road, War Memorial and Aquidneck Fields.

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

21.  Resolution of the Council, re:  Award of contract StrateGic Solution Team LLC for painting and authorizing the Finance Director to execute the agreement 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 #20.

Discussion centered around the projects are in the current Parks & Recreation Fund budget and the projects for the campground and beaches will be completed before the beach season begins.

A vote was taken.

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

22.  Coastal Resources Management Council Adopt-An-Access Program – Adopt a Spot MOU for various CRMC rights of way.

On motion of Vice President Welch, duly seconded, it was voted unanimously to continue this matter to the April 7, 2025, Regular Meeting of the Council, at the request of the Administration.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 7:59 p.m.

_______

Wendy J.W. Marshall, MMC

Council Clerk

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