POSTED – DECEMBER 10, 2025
REGULAR MEETING DECEMBER 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, December 15, 2025, 5:00 P.M. Executive Session, Immediately following Executive Session - Joint Meeting with the Economic Development Advisory Committee 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 and 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: 896 6360 3273 or on the web at https://us02web.zoom.us/j/89663603273; 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 10th 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 (10th ed.), p. 304-321] the vote,
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)
1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Collective Bargaining (Council 94 – Custodian Contract) and (2) Collective Bargaining (NEARI – Library).
IMMEDIATELY FOLLOWING EXECUTIVE SESSION
2. Communication of Vice President Welch, Councilor Connerton and Council President Rodrigues, re: Street Fair in the Atlantic Beach District.
3. Memorandum of Town Administrator, re: Fiscal Impact of Aquidneck Avenue Street Fair.
4. Robert C. Schultz, Jr., Director, City of Newport, Department of Utilities, re: City of Newport Department of Utilities Regional Utility Now And For The Future.
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.
6. (Public Hearing Advertised)
Application of WAMM, Inc. dba Anthony’s Seafood Market & Restaurant, holder of a Retailer's Class BL Alcoholic Beverage License for premises located at 963 Aquidneck Avenue, Middletown, Rhode Island, to TRANSFER said license to 963 Aquidneck Opco, LLC d/b/a Anthony’s Seafood Market & Restaurant, for use at the same premises including outdoor patio service.
7. (Public Hearing Advertised)
Application of 963 Aquidneck Opco, LLC dba Anthony’s Seafood Market & Restaurant, 963 Aquidneck Avenue to upgrade said license from BL Alcoholic Beverage License to BV Alcoholic Beverage License for use at the same premises including outdoor patio service.
8. Memorandum of Finance Director, re: School Department Surplus - District Technology Equipment.
9. Resolution of the Council, re: Approving that the surplus property (District Technology Equipment) be salvaged by the Finance Director in accordance with Town Ordinance §33A.130 disposal of surplus or obsolete property.
10. License of Burial , re: Garnet Gianetis, Section 54, Graves 45 & 46.
11. License of Burial, re: Peter Cordelessa, Section 54, Grave 74.
12. Application of Destine Donuts, LLC dba Dunkin Donuts, 159 East Main Road for Additional Hours of Operation for the 2025-2026 licensing year. (NEW; Requires Advertising for Public Hearing)
13. Application of East Main Donuts, LLC dba Dunkin Donuts, 536 East Main Road for Additional Hours of Operation for the 2025-2026 licensing year. (NEW; Requires Advertising for Public Hearing)
14. Application of Middletown Donuts, LLC dba Dunkin Donuts, 811 West Main Road for Additional Hours of Operation for the 2025-2026 licensing year. (NEW; Requires Advertising for Public Hearing)
15. Memorandum of Town Clerk, re: Appointment of Tree Warden – 2026.
16. Application of 963 Aquidneck Opco, LLC dba Anthony’s Seafood Market & Restaurant, 963 Aquidneck Avenue for a Victualling House License for use at the same premises including outdoor patio service. (NEW)
17. Applications for Special Event Permits, seven (7) events, from Audrain Auto Museum for the Cars and Coffee (Community gathering for local car enthusiasts) at Second Beach parking lot on the following dates listed below:
· Sunday, April 12th, 2026 – 8:00 am to 10:00 am
· Sunday, April 26th, 2026 – 8:00 am to 10:00 am
· Sunday, May 10th, 2026 – 8:00 am to 10:00 am
· Sunday, October 11th , 2026 – 8:00 am to 10:00 am
· Sunday, October 18th , 2026 – 8:00 am to 10:00 am
· Sunday, October 25th, 2026 – 8:00 am to 10:00 am
· Sunday, November 8, 2026 – 8:00 am to 10:00 am
18. Application for Special Event Permit from RI Army National Guard for the Rhode Island National Guard Best Warrior Competition – Ruck March to be held on Thursday, June 11, 2026, 4:30 am to 9:00 am at Sachuest Point Road, Sachuest Beach, Paradise Avenue, Tuckerman Avenue and Esplanade. (Applicant respectfully requests all fees be waived)
19. Application for Special Event Permit from the Town of Middletown for the 2nd Beach Monday Night Music Series - Live Music, Fire Pits and Food Trucks at 2nd Beach on Monday, August 3, 2026, Monday, August 10, 2026, Monday, August 17, 2026, Monday, August 24, 2026 and Monday, August 31st, 2026 with fireworks from 6:00 pm to 9:00 pm. (Town event- Request to waive all fees)
20. Memorandum of Finance Director, thru Town Administrator, re: Proposed Amendment to Chapter 35 Capital Improvements.
21. An Ordinance of the Town of Middletown (First Reading)
An ordinance in amendment to the Town Code of the Town of Middletown Title III, Administration, Chapter 35 Capital Improvements, 35.01 What Constitutes A Capital Improvements Project and 35.06 Six-Year Program.
22. Email communication of Kyle Donovan, re: Requesting the Town of recognize Windmere Terrace as a public road. (Requires review and recommendation from the Town Administration, Town Solicitor and Roads and Utilities Advisory Committee)
23. (Continued from December 1, 2025, Regular Meeting)
Email communication of Amara Walsh, re: Short-Term Rental Ordinance and its owner-occupancy requirement as applied to active-duty military families under temporary orders. (Includes an additional email requesting a permanent exception)
24. Communication of Town Council, re: Discussion of the STR ordinances.
25. Memorandum of Town Administrator, re: Recommendation for Approval of Change Orders: Miantonomi Hill & Boulevard Paving Project.
26. Resolution of the Council, re: Approving change orders for Miantonomi Hill and Boulevard Paving project -Emergency Winter Patching - $133,979.00-Roadway Subdrains - $251,363.00 - Reclaim Roadways and Install Binder Course - $168,809.00; for the total sum not to exceed five hundred fifty-four thousand one hundred fifty-one dollars and zero cents ($554,151.00) and that the funding for said change orders be funded from the Capital Improvement -Special Revenue Fund and authorizing the Town Administrator to execute this change order on behalf of the Town of Middletown.
27. Memorandum of Finance Director, thru Town Administrator, re: Lease Purchase of Two Fire Pumper Vehicles.
28. Resolution of the Council, re: Authorizing the purchase of Two Pumper Trucks for use by the Fire Department and the Financing thereof through an Equipment Lease Purchase Agreement and Authorizing the Execution and Delivery of a Lease Purchase Agreement and Related Instruments and Determining other Matters in connection therewith.
Wendy J.W. Marshall, MMC
Town Clerk
This meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 847-0009 not less than 48 hours before this meeting.
Posted on December 10, 2025 at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.
ITEM #21
2025
ORDINANCE OF THE
TOWN OF MIDDLETOWN, RHODE ISLAND
AN ORDINANCE AMENDING THE TOWN CODE OF THE
TOWN OF MIDDLETOWN
An ordinance in amendment to the Town Code of the Town of Middletown Title III, Administration, Chapter 35 Capital Improvements, 35.01 What Constitutes A Capital Improvements Project, 35.06 Six-Year Program, is hereby amended as follows:
NOW THEREFORE BE IT ORDAINED AS FOLLOWS:
(Additions are underlined; deletions are stricken)
CHAPTER 35: CAPITAL IMPROVEMENTS
Section
35.01 What constitutes a capital improvements project
35.02 Agencies and officials to submit requests
35.03 Forms for request, review
35.04 Priority of projects
35.05 Effect of projects on town finances
35.06 Six-year program – Five-year program
35.07 Capital improvement program budget
35.08 Restriction on use of funds
35.09 Qualified projects
35.10 Annual appropriation
35.11 Effective term of funding
§ 35.01 WHAT CONSTITUTES A CAPITAL IMPROVEMENTS PROJECT.
(F) The purchase of items of equipment of nonrecurring nature which have a cost more than $25,000 $50,000 and a useful life in excess of five years.
§ 35.06 SIX-YEAR PROGRAM. FIVE-YEAR PROGRAM
Not later than February first of each year, the Town Administrator shall forward to the Council and make public a recommended capital budget and capital improvements program for the following six-year five- year period. The first year of this six-year five- year program shall be designated as the upcoming fiscal year’s capital budget. The Council shall consider this recommended program as a guide in preparing its annual budget and shall designate those projects to be authorized for funding during the next fiscal year.
SECOND: Chapter 35 All other Sections remains unchanged.
THIRD: This ordinance shall take effect upon passage and all ordinances or parts of ordinance inconsistent herewith are hereby repealed.
READ AND ADOPTED IN COUNCIL
________________________
Wendy J.W. Marshall, MMC
Town Clerk