Sep. 15, 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, September 15,  2025 at 5:00 P.M.

Members Present:

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

Councilor Barbara A. VonVillas

POSTED SEPTEMBER 10, 2025

REGULAR MEETING SEPTEMBER 15, 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, September 15, 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, Virtual access will also be provided 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: 864 3810 7431 or on the web at https://us02web.zoom.us/j/86438107431; **however, virtual access is being provided only as a convenience and is not an official "location" where access to the meeting is guaranteed. Being physically present at the meeting is the only way to guarantee complete access to the meeting, as the meeting will not be paused or rescheduled if the virtual access fails.  **

If you choose to join the meeting by zoom or telephone, Council Rules allow for the Public to speak only during the Public Forum and Public Hearings. If calling in by telephone, pressing 9 raises your hand and pressing 6 will unmute.

The items listed on the Consent portion of the agenda are to be considered routine by the Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed from Consent Agenda consideration and considered in its normal sequence on the agenda. All items on this agenda, with the exception of the Public Forum Session, may be considered, discussed, and voted upon in executive session and/or open session.

Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

Any person not a member of the Council, desiring to address the Council concerning a matter on the docket of the Council, not the subject of a Public Hearing, shall submit a written request to the Town Clerk stating the matter upon which he desires to speak. Persons are permitted to address the Council for a period not to exceed five (5) minutes.

The Middletown Town Council follows the codification of present-day general parliamentary law as articulated in Robert’s Rules of Order Newly Revised 10 th edition (2000), together with whatever rules of order the Council has adopted for its own governance. The motion to reconsider is one of the motions that can bring a question again before an assembly, and is designed to bring back for further consideration a motion which has already been voted on:

If, in the same session that a motion has been voted on, but no later than the same day or the next day on which a business meeting is held, new information or a changed situation makes it appear that a different result might reflect the true will of the assembly, a member who voted with the prevailing side can, by moving to ** Reconsider** [RONR (10

propose that the question shall come before the assembly again as if it had not previously been considered. (From Robert’s Rules of Order Newly Revised In Brief, Robert, Evans et al., De Capo Press, 2004)

There were no reconsiderations.

1.    Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Collective Bargaining (NEAM Teacher Assistants),  (5) Land Acquisition (West Main Road) and (1) Personnel (Town Administrator), discussion and/or potential action and/or vote in executive session and/or open session.

Vice President Welch announced that Town Administrator Shawn Brown 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 5:01 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:24  p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive the fiscal impact statement for the NEAM Teacher Assistants 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

IMMEDIATELY FOLLOWING EXECUTIVE SESSION

2.    The Town Administrator will provide an update on Town Projects.

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin the Town Projects update.

Town Administrator Shawn Brown reviewed the following:

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

a.    Recommendation to Award (RTA-01C) – Final Cleaning.

b.    Recommendation to Award (RTA- 02A) – Demo & Abatement.

c.     Recommendation to Award (RTA-10E) – Signage.

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

Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, reviewed the communications above.

4.    Resolution of the Council, re:  Approving the recommendation for Gilbane Building Company to award the subcontracts for Final Cleaning, Demo & Abatement and Signage and all expenses recorded in the School Department’s Capital Projects Fund and the Town Administrator is authorized to notify Gilbane Building Company to award the subcontracts.

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

Councilor Roberts read the following into the record and requested a moment of silence for Keydell Fuller former Middletown High School student.

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.

No one spoke during this session.

6.    Approval of Minutes, re:  Regular Meeting, September 2, 2025.

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

7.    Email Communication of Middletown School Committee, re: Recommendation for appointment to the School Building Committee.

On motion of Vice President Welch, duly seconded, it was voted unanimously to receive said communication and confirm appointment of Dan Thiebault to the School Building Committee.

8.    Communication of Tax Assessor, re:  Cancellation of Taxes for certain Middletown residents.

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

9.    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.

10.  Communication of Tax Assessor and Finance Director, re:  Cancellation of Taxes for certain Middletown residents.

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

11.  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.

12.  Application for Special Event Permit from the Norman Bird Sanctuary, 583 Third Beach Road, for the Harvest Fair to be held on October 4, 2025, and October 5, 2025 from 10:00 AM to 5:00 PM.

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

13.  Memorandum of Frank Spinella, FJS Associates, re:  East Main Road, Middletown – Scope & Budget Summary.

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

14.  Resolution of the Council, re:  FJS Associates contract – East Main Road change order and  authorize the Town Administrator to execute said change order on behalf of the Town of Middletown.

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

Deputy Finance Director Patrick Guthlein addressed the Council reviewing the memorandum in item #13.

Frank Spinella, representing FJS Associates, noted the funding will get the Town to preliminary approval, funding includes all engineering for the project, and the funding is from a grant from RI Housing.

A vote was taken.

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

15.  Memorandum of Frank Spinella, FJS Associates, re:  Project 351 East Main Road.

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

16.  Resolution of the Council, re:  FJS Associates contract – Project 351 East Main Road change order and  authorize the Town Administrator to execute said change order on behalf of the Town of Middletown.

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

Deputy Finance Director Patrick Guthlein addressed the Council reviewing the memorandum in item #15.

A vote was taken.

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

17.  At the request of Council President Rodrigues, Resolution of the Council, re:  Proclaiming September 20, 2025, as James “Jim” Culipher Day in the Town of Middletown.

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

Council President Rodrigues noted that he would like Council support for the Proclamation, and he will be presenting the Proclamation on Saturday, September 20, 2025.

A vote was taken.

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

18.  Memorandum of Councilor Turano, re:  Two Tier Tax – Resident – Nonresident Tax Ordinance.

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

Discussion centered around changing the current ordinance to allow for a resident/homeowner to rent more than two bedrooms as a short-term rental and receive the resident tax rate, and the Town Solicitor will prepare an amendment to the ordinance for the Council to consider.

Don Morin, Middletown, addressed the Council in support of the amending the ordinance.

Rebecca Homer, Middletown, addressed the Council explaining that she lives in her primary residence and rents out rooms to assist with her income. Ms. Homer noted support to change the ordinance.

19.  Memorandum of Finance Director, thru Town Administrator, re: RFP- Sewer Rate Analysis.

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

20.  Resolution of the Council, re: Award of contract for Sewer Rate Analysis.

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

Town Administrator Shawn Brown addressed the Council reviewing item # 19 above.

A vote was taken.

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

21.  Memorandum of Town Administrator, re:  Library Renovation – 110 Enterprise Drive.

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

Town Administrator Shawn Brown addressed the Council reviewing the memorandum above and handouts attached hereto.

Discussion centered around there will be no impact on the tax rate for the bond, the total cost of the new library purchase, reimbursement for the library construction from the state, it is more cost effective to purchase and renovate 110 Enterprise Center than building a new library and the monies to fund the new library will come from the PPV Special Revenue Fund.

Michael Flynn, Middletown, addressed the Council inquiring about the purchase price of the 110 Enterprise Center and when the Police Station will be paid off.

Council President Rodrigues explained that the PPV Special Revenue fund payments are increased 3% yearly and funds are used for infrastructure improvements and not tax dollars.

Terri Flynn, Middletown, addressed the Council explaining that residents are tapped out.  Ms. Flynn reviewed current Town debt and projects. Ms. Flynn noted that the Town is taking debt that is expiring and instead of giving back to the taxpayers, the monies are being used for something else.

Alicia Reyes, Middletown, addressed the Council expressing concern with increasing debt and urges the Council to scale back.

Discussion centered around the cost of the library is a little higher due to Mill work increase and sound attenuation increase, part of the 110 Enterprise Center will be used for the combined Town Hall Finance Office and School Business Office, and the second resolution is for a contingency fund for the Library Project.

Christopher Rowe, Middletown, addressed the Council inquiring about the PPV Special Revenue Fund and the Contingency Fund.

Discussion centered around the PPV Special Revenue Fund was created from funds received by the GMH for Public Safety Servies and the Contingency Fund is a safety net for the library project.

22.  Resolution of the Council, re:  APPROPRIATING $8,000,000 TO FINANCE THE CONSTRUCTION,  IMPROVEMENT, FURNISHING,  AND EQUIPPING OF A LIBRARY AND ALL ATTENDANT EXPENSES, INCLUDING BUT NOT LIMITED TO ENGINEERING COSTS AND CAPITALIZED INTEREST AND APPROVING THE FINANCING THEREOF

AND THE REFINANCING OF OUTSTANDING BOND ANTICIPATION NOTES THROUGH THE ISSUANCE OF APPROPRIATION OBLIGATIONS IN AN AGGREGATE AMOUNT NOT TO EXCEED $11,400,000.

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

Councilor Turano requested this item be continued to the first October meeting.

Town Administrator Shawn Brown explained that the vote needs to be done tonight to be able to refinance the bond.

A vote was taken.

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

23.  Resolution of the Council, re: Library Renovation - 110 Enterprise Center – The Town Council designates funding of the General Fund unassigned fund balance as Owner’s Contingency in the renovation project.

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

24.  Memorandum of MPC Director, through Town Administrator, re:  MPC – Extension of FY26 Town Funding.

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

Town Administrator Shawn Brown addressed the Council reviewing the memorandum above.

Discussion centered around the grant is sunsetting and the Town is waiting to hear if the grant will be awarded, Councilor Roberts suggested to fund the program for the rest of the year and funding for the program come from the Opioid monies and the General Fund.

On motion of Vice President Welch, duly seconded, it was voted unanimously to authorize an additional appropriation equal to 1/12 of the Town-funded portion of the approved Middletown Prevention Coalition budget to support operations for the month of October, while the Town awaits a decision on its pending grant application.  Said appropriation shall be drawn from the opioid settlement funds received by the Town.  The Administration shall return to the Town Council at its October 20th meeting with an update on the grant status and, if necessary, request authorization for continued funding.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:28 p.m.

Wendy J.W. Marshall, MMC

Council Clerk