Feb. 18, 2025 - Regular Meeting
Middletown
Minutes · February 18, 2025
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 Tuesday, February 18, 2025 at
5:30 P.M.
Council President Paul M. Rodrigues, Presiding
Vice President Thomas P. Welch, III
Councilor Peter D. Connerton, Sr.
Councilor Christopher M. Logan
Councilor Charles R. Roberts
Councilor Dennis B. Turano, arrives at 5:34 pm
Councilor Barbara A. VonVillas, Members Present
POSTED FEBURARY 12, 2025
REGULAR MEETING FEBRUARY 18, 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 Tuesday, February 18, 2025, 5:30 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: 86498667599 or on the web at https://us02web.zoom.us/j/86498667599
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) Potential Litigation, (2) Potential Litigation, (2) Potential Litigation, (5) Land Acquisition, (2) Collective Bargaining (NEARI/Library), (1) Personnel (Deputy Police Chief) - review, discussion and/or potential action and/or vote in executive session and/or open session.
Vice President Welch noted that Lt. Clifford McGregor 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 5:32 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:34 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to confirm the Deputy Police Chief’s appointment and compensation.
2. Planning Board Interview:
a. Stephen Huttler
On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Planning Board interview.
Stephen Hutter thanked the Town Council for the interview.
The Town Council asked the following questions of Stephen Huttler.
Planning Board Interview Questions:
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Why do you want to be on the Planning Board?
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What experience do you have that would qualify you to be a member of the Planning Board?
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What useful knowledge or perspective from your own personal experience would you bring to the position?
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What do you think is the most important responsibility of a Planning Board member?
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What would you like Middletown to look like 5 years from now?
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Regular Planning Board meetings typically take place on the 2ndWednesday of each month, starting at 6 P.M., and Special meetings are called on an as needed basis. Are you available to attend them?
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What do you believe is Middletown’s most important land use issue and how should it be addressed?
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What ideas or suggestions do you have regarding economic development in Middletown?
All questions were answered by the applicant. The interview can be seen in its entirety on the Town Website or the DVD, which is on file at the Middletown Library.
3. (Continued from January 27, 2025 and February 3, 2025, Regular Meeting of the Council)
Appointment of one (1) member to the Planning Board for a term expiring in February 2028. (The Council may waive the requirement for reappointments to the interviewed; all new applicants shall be interviewed prior to appointment.)
Councilor VonVillas noted that she was impressed with Mr. Huttler but noted the importance of Mr. Weber’s history and years of service on the Planning Board.
Councilor VonVillas nominated Art Weber.
Vice President Welch nominated Stephen Huttler.
Councilor Connerton noted support for Art Weber based on Mr. Weber’s service on the Planning Board.
Votes were taken.
On nomination of Councilor VonVillas, duly seconded, it was voted to reappoint Art Weber to the Planning Board; Councilor Connerton and Councilor VonVillas voted YES; Council President Rodrigues, Vice President Welch, Councilor Logan, Councilor Roberts and Councilor Turano voted NO; MOTION FAILED TO PASS.
On nomination of Vice President Welch, duly seconded, it was voted to appoint Stephen Huttler; Council President Rodrigues, Vice President Welch, Councilor Logan, Councilor Roberts and Councilor Turano voted YES; Councilor Connerton and Councilor VonVillas voted NO to said motion.
4. 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.
Karen McGovern, Middletown, addressed the Council reviewing the following:
Sandra Craig, Middletown, addressed the Council through zoom, noting she was pleased with the previous speaker. Ms. Craig reviewed a memorandum from Attorney Desautel and explained the need for the Town Council to have a forum regarding the effects of offshore wind turbines and the dredging of the Sakonnet River.
Karen Gleason, Portsmouth, addressed the Council requesting that all the Aquidneck Island Communities, Jamestown and Tiverton have a public forum regarding offshore wind turbines and the impact on marine life. Ms. Gleason requests the Town Council to consider a Public Forum in March.
On motion of Vice President Welch, duly seconded, it was voted unanimously to Act as a Board of License Commission.
5. (Public Hearing Advertised; abutters notified)
Application of East Main Road Restaurant 88, Inc. dba Mindy’s Galley, 72 East Main Road for a Class BV Alcoholic Beverage License for the (2024-2025 Licensing year) for use at the same premises. (New)
Public Hearing was declared open.
Applicant Mindy Zhang was present to answer Council inquiries. Ms. Zang noted that the Middletown restaurant will be a second location, she has a location in Portsmouth.
There being no other persons present or on zoom desiring to be heard, the public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said license.
6. Applications Seven (7) Alcoholic Beverage Licenses received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F- Alcoholic Beverage License (Beer and Wine) and Class F-1 Alcoholic Beverage Licenses (Full Liquor) - (19-hour license) for the same premises for the following events and dates listed below:
§ Birds & Breakfast -Saturday, May 17, 2025, 8:00 am to 11:00 am.
(Class F1- Full Liquor)
§ Plein Air Week Reception – Friday, May 30, 2025, 5:30 pm to 7:30 pm. (Class F-1- Full Liquor)
§ Beach Bash – Wednesday, July 30, 2025, 5:30 pm to 7:30 pm.
(Class F1- Full Liquor)
§ Donor Appreciation – Wednesday, August 13, 2025 , 5:30 pm to 7:30 pm. (Class F1- Full Liquor)
§ Harvest Fair – Saturday, October 4, 2025, 10:00 am to 5:00 pm. (Class F1- Full Liquor)
§ Harvest Fair – Sunday, October 5, 2025, 10:00 am to 5:00 pm. (Class F1- Full Liquor)
§ Annual Meeting - Thursday, November 6, 2025, 5:30 pm to 7:00 pm. (Class F- Beer and Wine)
On motion of Vice President Welch, duly seconded, it was voted unanimously to withdraw this item at this time, due to event date changes by the applicant.
On motion of Vice President Welch, duly seconded, it was voted unanimously to reconvene as a Town Council.
7. Approval of Minutes, re: Regular Meeting, January 27, 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
8. Approval of Minutes, re: Regular Meeting, February 3, 2025.
On motion of Vice President Welch, duly seconded, it was voted unanimously to approve said minutes.
9. An Ordinance in Amendment to the Town Code Title IV General Regulations, Chapter 94 Streets and Sidewalks, §94.08 Complete Streets. (New Section) (Council action to forward to the Bicycle & Pedestrian Advisory Committee for review and recommendation then to the Planning Board for review and recommendation.)
On motion of Vice President Welch, duly seconded, it was voted unanimously to forward the ordinance to the Bicycle & Pedestrian Advisory Committee for review and recommendation, then to the Planning Board for review and recommendation.
10. Memorandum of School Committee Chairman Gregory M. Huet, re: Recommendation of naming the new Building/Schools.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
11. Memorandum of School Committee Chairman Gregory M. Huet, re: Project Labor Agreement.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
12. Communication of Tax Assessor dated February 10, 2025, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
13. 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.
14. Communication of Tax Assessor and Finance Director dated February 10, 2025, re: Cancellation of Taxes for certain Middletown Residents.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
15. 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.
Council President Rodrigues recused himself from acting on the following item of business #16, due to a possible conflict of interest.
Vice President Welch presiding.
16. Application from Middletown Senior Citizens Center, 650 Green End Avenue, for RENEWAL of a Bingo license for the 2025-2026 licensing year – Tuesdays, Thursdays and Fridays. (Fee to be waived)
On motion of Councilor VonVillas, duly seconded, it was voted unanimously to grant said license and waive fee.
Council President Rodrigues presiding.
17. Application of East Main Road Restaurant 88, Inc. dba Mindy’s Galley, 72 East Main Road for a Victualling House License for the (2024-2025 Licensing year) for use at the same premises. (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.
18. Application for Special Event Permit from the Newport County YMCA for the 2nd Annual Charlie Holder, Sr., Memorial 5K Road Race Walk/Run to be held on Saturday, May 17, 2025, from 7:45 am to 10:45 am (Start time 8:30 am).
On motion of Vice President Welch, duly seconded, to grant said Special Event Permit.
Charlie Holder, Newport, addressed the Council explaining that this is the second annual race, and the proceeds benefit the Martin Luther King Center and YMCA.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
19. Application for Special Event Permit from Newport County YMCA for the Newport County YMCA’s 40th Annual Thanksgiving Day Pie Run– 5-mile run; 3-mile walk/run race beginning at Newport County YMCA to be held on Thursday, November 27, 2025, at 8:30 am.
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
20. Application for Special Event Permit from Gray Matter Marketing for the Amica Newport Marathon, Marathon – throughout Newport and Middletown, starting and ending at Easton’s Beach, Newport, to be held on Sunday, October 12, 2025, from 7:30 am to 1:30 pm. (Set up at 5:00 am, race completed by 3:30 pm, parking at Second Beach)
On motion of Vice President Welch, duly seconded, it was voted unanimously to grant said Special Event Permit.
21. 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”, §400 Definitions, Article 16 Accessory Family Dwelling Unit §1600 Purpose, §1601 Requirements, §1602 Procedure, §1603 Change of Occupancy. (Planning Board recommendation is on file)
Public Hearing remains open.
Assistant Town Planner Anita Guo was present to answer Council inquiries.
There being no person president or desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
22. 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”, Article 14 Motels and Hotels, § 1401 Procedure For Proposed Development, §1402 Development Plan Review, Article 15 Multi-Family Dwelling, §1501 Procedures For Proposed Development, §1502 Development Plan Requirements, Article 18 Shopping Centers, §1801 Procedure For Proposed Development, §1802 Permitted Uses, Article 21 Residential Care And Assisted Living Facilities, §2102 Procedure For Proposed Development, §2103 Development Plan Requirements, Article 22 Senior Independent Living Facilities, §2202 Procedure For Proposed Development, §2203 Development Plan Requirements, Article 23 Mobile Home Parks, §2301 Procedures For Proposed Development, §2302 Development Plan Requirements, Article 24 Transient Trailer Parks, §2402 Procedures For Proposed Development, §2403 Development Plan Requirements, Article 25 Wireless Telecommunications Facilities, §2502 Procedure For Proposed Development, 2503 Development Plan Requirements, §902 Special Use Permits, §719 Mixed Uses Within A Building, Article 17A Community Residents And Family Day Care Homes, §17A01 Requirements, and §17A02 Exemption. (Planning Board recommendation is on file)
Public Hearing remains open.
Assistant Town Planner Anita Guo was present to answer Council inquiries.
There being no person president or desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
23. 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 Use, Chapter 152, Entitled “Zoning Code”, § 400 Definitions. (Planning Board recommendation is on file)
Public Hearing remains open.
Assistant Town Planner Anita Guo was present to answer Council inquiries.
There being no person president or desiring to be heard, public hearing was declared closed.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said ordinance on its second reading.
24. Memorandum of Town Solicitor, re: Draft Amendments to Two-Tier Residential Tax Rate Ordinance.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Council President Rodrigues noted that he and Councilor Logan requested the Town Solicitor to prepare this proposed ordinance.
Town Solicitor Peter B. Regan reviewed the memorandum above and presented a PowerPoint presentation-Amendments to Two-Tiered Tax Ordinance, which is on file in the Office of the Town Clerk.
Discussion centered around this is an incentive for property owners to rent year round, Councilor Turano suggested sending the proposed ordinance to the Tax Exploration Committee for review, amending the ordinance registration to allow for filing until May 1st, passing the ordinance will give relief to taxpayers for the upcoming tax year and Councilor Turano wanting the Town Council to repeal the tiered tax ordinance.
25. An Ordinance of the Town of Middletown (First Reading)
An Ordinance in amendment to the Town Code, Title III Administration, Chapter 34 Taxes, Section 34.70 Tax Classification System.
On motion of Vice President Welch, duly seconded, to receive said ordinance on its first reading.
Don Morin, Middletown addressed the Council inquiring about the documentation to prove you are renting yearly. Mr. Morin noted the Tax Exploration Committee could review the ordinance.
Town Solicitor Peter B. Regan explained that documentation such as a lease will be provided to the Tax Assessor.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said ordinance on its first reading.
26. Communication of Vice President Welch, re: Rules of the Council – New proposed Rule – Nomination and Voting Process for Committee Appointments.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication.
27. (Continued from January 6, 2025, Regular Meeting)
Antone Viveiros, Middletown, addressed the Council inquiring if a member of the public can fill out a public participation form when they arrive at a Council meeting or during the discussion of a topic.
Council President Rodrigues noted that there is always flexibility for input during discussions of a docket item.
Vice President Welch reviewed and read the communication in item #26.
Discussion centered around that changes can be made at any time to the Council rules, support for the proposed nomination process for appointing boards and committee members and the Town Solicitor does not see an issue with the proposed nomination process.
On motion of Vice President Welch, duly seconded, it was voted unanimously to add “Nomination and Voting Process for Committee Appointments” to the Town Council Rules.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adopt said Rules of the Council, as amended.
28. Memorandum of Town Planner, re: FFY 2026-2035 State Transportation Improvement Program (STIP).
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
Town Administrator Shawn Brown reviewed the memorandum above and noted that there will be a public hearing on Monday, March 3, 2025.
Councilor Roberts inquired why East Main Road and West Main Road are on the Town STIP list since they are state roads.
Town Administrator Shawn Brown explained that they are added to the list to ensure that the state knows there is an issue. Mr. Brown noted that sometimes the Town can partner with the state and the road will move up on the list.
Councilor Roberts noted that he suggests a full traffic study of Aquidneck Island.
29. Memorandum of Finance Director thru Town Administrator, re; FY2025 Budget Adjustments as of December 31, 2024. (General Fund, Parks and Recreation and Sewer Fund)
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
30. Resolutions of the Council, re: FY2025 Budget Adjustments as of December 31, 2024. (1. General Fund, 2. Parks and Recreation and 3. Sewer Fund)
On motion of Vice President Welch, duly seconded, to pass said resolutions.
Deputy Finance Director Patrick Guthlein addressed the Council reviewing the memorandum in item #29.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolutions.
31. Memorandum of Finance Director thru Town Administrator, re; FY2025 Budget Adjustments for Middletown Public Schools.
On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said memorandum.
32. Resolution of the Council, re: FY2025 Budget Adjustments for Middletown Public Schools.
On motion of Vice President Welch, duly seconded, to pass said resolution.
Deputy Finance Director Patrick Guthlein addressed the Council reviewing the memorandum – item #31.
A vote was taken.
On motion of Vice President Welch, duly seconded, it was voted unanimously to pass said resolutions.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 8:31 p.m.
On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 9:20 p.m.
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 seal the executive session minutes pursuant to Section 42-46-7. RIGL.
On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 9:21 p.m.
Wendy J.W. Marshall, MMC
Council Clerk
supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri