POSTED MAY 28, 2025
REGULAR MEETING JUNE 2, 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, June 2, 2025, 5:30 P.M. Executive Session; Presentations Immediately Following 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: 878 6305 5011 or on the web https://us02web.zoom.us/j/87863055011
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 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 (NEARI/Town Hall). (5) Land Acquisition review, discussion and/or potential action and/or vote in executive session and/or open session.
2. Memorandum of Town Planner, including presentation, re: Middletown Safe Streets and Roads for All (SS4A) Safety Action Plan.
3. Resolution of the Council, re: Adoption of the Middletown Safe Streets and Roads for All Safety Action Plan 2025.
4. At the request of Council President Rodrigues, Commendation of the Council, re: Commendation MHS Graduating Senior Landon Resendes.
REGULAR MEETING – 6:30 P.M.
5. The Town Administrator will provide an update on:
a. Town Projects
b. Library Building Project
c. School Building Project
6. Communications nine (9) of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: New Middletown Middle-High School.
a. Recommendation to Award (ATP-001) – Concrete, Structural Steel & Sitework
b. Recommendation to Award (RTA-04A) – Masonry
c. Recommendation to Award (RTA-05B) – Miscellaneous Metals
d. Recommendation to Award (RTA-07C) – Applied Fireproofing
e. Recommendation to Award (RTA-07H) – Panelized Exterior Veneer
f. Recommendation to Award (RTA-09A) – Drywall and General Trades
g. Recommendation to Award (RTA-99A) – Dumpsters
h. Recommendation to Award (RTA-99A) – Surveying
i. Recommendation to Award (RTA-99A) – Temporary Toilets
7. Resolution of the Council, re: Approving the recommendation for Gilbane Building Company to award the subcontracts of Masonry, Miscellaneous Metals, Applied Fireproofing, Panelized Exterior Veneer, Drywall and General Trades, Dumpsters, Surveying, and Temporary Toilets for the construction of the Middle-High School project and authorization to proceed for alternate number 9 regarding the hoistway and elevator 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.
8. Communication of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: Renovations of the Middletown High School (ES Complex) Recommendation to Award (RTA-002) – Mechanical Systems Repairs.
9. Resolution of the Council, re: Approving the recommendation for Bentley Companies to award the subcontract for Mechanical Systems Repairs 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.
10. Applications three (3) received from the Norman Bird Sanctuary, 583 Third Beach Road, for Class F- Alcoholic Beverage License (Beer and Wine) for the Summer Concert Series 1) Friday, June 20, 2025 for 6:00 PM – 9:00 PM 2) Friday, July 18, 2025 from 6:00 PM to 9:00 PM and Friday, August 29, 2025 from 6;00 PM – 9:00 PM for the same premises.
11. 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.
12. Approval of Minutes, re: Regular Meeting, May 5, 2025.
13. Approval of Minutes, re: Regular Meeting, May 19, 2025.
14. Communication of Tax Assessor and Finance Director, re: Collector Abatements.
15. Resolution of the Council, re: Cancellation of Taxes for certain Middletown residents.
16. Application of The Color House, 679 West Main Road for RENEWAL of a Holiday Sales License for the 2025-2026 licensing year.
17. Application of Angel Camacho, North Kingstown, for RENEWAL of a Tattoo License for the 2025-2026 Licensing year, to be used at Trouble Soul & Company, 999 West Main Road.
18. Communication of Paul A. Croce, Chairman, Middletown Planning Board, re: Recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Future Land Use Map, Map L-4 of the Middletown Comprehensive Community Plan to change the designation of property fronting on West Main Road and Coddington Highway, Plat 102, Lots 3, 4, 5, 7 and a portion of Lot 6 from institutional to Limited & Office Business; provide a recommendation to the Town Council on the request to change the zoning designation of the subject property from Public, traffic sensitive (PA) to Limited Business, traffic sensitive (LBA); and provide a recommendation to the Town Council on a proposal to adopt an overlay zoning district that will cover the subject property. (Requires notification to abutters and advertising for a future public hearing)
19. Communication of Paul A. Croce, Chairman, Middletown Planning Board, re: Review and recommendation to the Town Council on proposed amendments to Town Code Chapter 152, zoning ordinance Section 603 regarding dimensional requirements for two-family dwelling, multi-family dwelling structure, and multi-family dwelling project, and Section 1504 regarding allowable density for multifamily dwelling structure and multifamily dwelling project. (Requires advertising for a future public hearing)
20. Application of SB Farm, LLC dba Sweet Berry Farm, 915 Mitchells Lane, for a Victualling House License for the 2024-2025 licensing year. (NEW)
21. Application of the Middletown Outreach Department - Town of Middletown for Special Event Permit for the Summer Concert Series - Live Music, Food Trucks and Lawn Games to be held on Mondays, July 7th, 14th, 21st , 28th, 2025 beginning at 6:00 pm to 8:00 pm at Paradise Valley Park. (Town Event all fees to be waived)
22. Application of the Middletown Outreach Department - Town of Middletown for Special Event Permit for the Wednesday Walking Club to be held at Second Beach Wednesdays 7:00 am – 7:45 am, starting Wednesday June 18, 2025 through Wednesday August 27, 2025. (Town Event all fees to be waived)
23. Application of the Middletown Prevention Coalition for a Special Event Permit for Middletown Family Day, Fun Family Friendly Event designed to celebrate the importance of family engagement, a protective factor to be held at Second Beach on Saturday, October 11, 2025 from 4:00 pm to 8:00 pm, rain date Sunday, October 12, 2025. (Applicants requests all fees to be waived)
24. Application of FabNewport, Newport, RI for a Special Event Permit for First Tee Rhode Island Chapter: Play and Connect Park program, summer beginner youth development golf camp to be held at Linden Park Wednesdays in July 9, 16, 23 & 30, 2025 and Thursdays in July 10, 17, 24, 31, 2025 from 4:30 PM to 5:30 PM. (Applicant requests all fees be waived)
25. Applications two (2) EBCAP, Newport, RI for Special Event Permits for the Molar Express
a) To be held at Middletown Library from 8:00 am to 5:00 pm, Thursday, July 17, 2025 and Friday, July 18, 2025
b) To be held at Linden Park from 8:00 am to 5:00 pm, Wednesday, July 23, 2025 and Tuesday, July 29, 2025. (Applicant requests all fees be waived)
26. 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, Chapter 152, Entitled “Zoning Code”, Article 6 Application of District Regulations, § 602. Schedule of District Regulations. (Planning Board recommendation is on file)
27. Memorandum of Paul A. Croce, Chair Middletown Planning Board, re: Proposed amendments to the Use Table in the Middletown Zoning Ordinance, Section 602 – Schedule of District Regulations – Uses and Districts – Multi-family dwelling structure & Multi-family dwelling project.
28. Proposed Amendments - Middletown Rules and Regulations Regarding the Subdivision and Development of Land per 2024 Legislation, Bill H7949Aaa - Article 2 Definitions – Modifications to definitions for “development plan review”, “final plan: and “minor land development project”, Article 4 Procedures for subdivision and land development project approval – Modifications to sections 406 & 407 to clarify procedures for applicants needing zoning relief, Article 7 Improvement & maintenance guarantees, Section 701 Modification to specify the three forms of performance security acceptable to the Town: cash/cashier’s check; performance bond; mortgage deed, Section 702 Modification to language to specify that the “permitting authority” shall determine the amount of security required, Section 703 Classification of language regarding the entity authorized to approve the release of security as the permitting authority, Article 9 Supplementary regulations, Section 904 Modifications to clarify procedures for applicants needing zoning relief, Section 906 Modification to procedure for making changes to recorded plans, Section 909 Clarification of language regarding unified development review and Article 10 Development Plan Review – modification to sections 1003, 1005 & 1006 regarding review procedures for DPR applications. (Planning Board recommendations attached)
29. Resolution of the Council, re: In Opposition to Rhode Island 2025 Gun Control Legislation.
30. Memorandum of Vice President Welch, re: Proposed change to Council Rules.
31. Memorandum of Town Administrator, re: Undergrounding Utilities in Atlantic Beach District – Proposals from Rhode Island Energy (RIE) & Vanasse Hangen Brustlin, Inc. (VHB).
32. Resolution of the Council, re: Approval of proposals from Rhode Island Energy to conduct an engineering study and design for undergrounding electric overhead facilities along lower Aquidneck Avenue and for contract amendment with Vanasse Hangen Brustlin, Inc. (VHB) to provide additional consulting services for said study and authorizing the Finance Director to execute said contract amendment on behalf of the Town.
33. Memorandum of Finance Director, re: Financial Report – Nine Months Ended March 31, 2025.
34. Communication of Accounting Manager, re: Quarterly Tax Collector’s Report as of 03/03/2025 – Town Middletown.
35. Appointment of one (1) member to the Open Space and Fields Committee for a term expiring November 2027.
36. Appointment of four (4) members to the Zoning Board of Review 1 vacancy, regular member, term expiring April 2030, 1 vacancy, regular member, to complete a term expiring April 2026, 1 vacancy, regular member, to complete a term expiring April 2028, 1 vacancy, first alternate, term expiring April 2026, 1 vacancy, second alternate, term expiring April 2026, and 1 vacancy, third alternate, term expiring April 2026.
(The Council may waive the requirement for reappointments to the interviewed; all new applicants shall be interviewed prior to appointment.)
37. Communication of Adeline C. Rose, re; Resignation from the Middletown Board of Canvassers.
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 May 28, 2025 at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.