POSTED JUNE 11, 2025

REGULAR MEETING JUNE 16, 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 16, 2025, 6:00 P.M. Executive Session; Presentation Immediately following 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: 848 0724 3247  or on the web at  https://us02web.zoom.us/j/84807243247

 

 

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.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

 

RECONSIDERATION

 

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)

 

 

EXECUTIVE SESSION – 6:00 P.M.

 

 

1.    Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a),  (2) Collective Bargaining (NEA/Teachers) and (1) Personnel (Non-Classified Employees), discussion and/or potential action and/or vote in executive session and/or open session.

 

PRESENTATION

 

2.    Citation of the Council, re: In recognition of Adeline Rose.

 

 

REGULAR MEETING – 6:30 P.M.

 

 

SCHOOL CONSTRUCTION

 

 

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-08D) – Overhead Doors & Loading Dock Equipment.

b.    Recommendation to Award (RTA-011A) – Food Service Equipment.

c.     Recommendation to Award (RTA-26A) – Electrical.

 

4.    Resolution of the Council, re:  Approving the recommendation for Gilbane Building Company to award the subcontracts for Overhead Coiling Doors, Food Service Equipment, and Electrical for the construction of the Middle-High School project to the vendors, authorize the funding for this proposal is to be from the School Improvement Bond Proceeds 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.

 

 

5.    Communications four (4) of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: Renovations of the Existing Middletown High School (ES Complex).

 

a.    Recommendation to Award (RTA-08) – Rough Carpentry.

b.    Recommendation to Award (RTA-012) – Mechanical.

c.     Recommendation to Award (RTA-014) – Masonry.

d.    Recommendation to Award (RTA-020) – Flooring.

6.    Resolution of the Council, re: Approving the recommendation for Bentley Companies to award the subcontract for Rough Carpentry, Mechanical, Masonry, and Flooring for the renovation of the Elementary School Complex project, the funding for this proposal is to be from the School Improvement Bond Proceeds and all expenses recorded in the School Department’s Capital Projects Fund, and the Town Administrator is authorized to notify Bentley Companies LLC to award the subcontracts.

 

 

PUBLIC FORUM

 

7.    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.

 

ACTING AS A BOARD OF LICENSE COMMISSION

 

8.    Application of the Norman Bird Sanctuary, 583 Third Beach Road, for a change of date for the Donor Appreciation Evening, which was to be held on June 4, 2025, 5:30 pm to 8:30 pm, is now being held on Wednesday, June 18, 2025, from 5:30 pm to 7:00 pm., Class F-1 Full Liquor license. (Council granted original license on March 3, 2025)

 

 

9.    Application of Foodlove Market Middletown, LLC dba Foodlove Market, 1037 Aquidneck Avenue to TRANSFER Class BV Liquor License to JT Commons, Inc. dba JT Commons (2024-2025 Licensing year) for use at the same premises, including outdoor patio service. (Requires notification to Abutters and Advertising for Public Hearing to be held on July 7, 2025)

 

 

CONSENT

 

10.  Approval of Minutes, re:  Special Meeting, May 21, 2025.

 

11.  Petition of Narragansett Electric and Verizon New England, Inc. to relocate a pole Perry Avenue Relocate P2 to property line. (Roads and Utilities Advisory Committee, approved relocation with consideration that the service lines do not significantly disrupt or impact adversely abutting properties. Also, noting prior discussion indicating that in-line service taps would preserve current overhead service line locations.)

 

12.  License of Burial, re:  Leroy S. Close, Section 53 - Grave 15.

 

LICENSES & PERMITS

 

 

13.  Application of Reed Development Corporation dba Middletown Self Storage, LLC, 101 Valley Road, for a Holiday Sales License for the 2025-2026 licensing year. (NEW)

 

14.  Application of Newport Pickleball, LLC dba Newport Pickleball Club, 866 West Main Road, for an Amusement License for the 2025-2026 licensing year. (NEW; DJ and Small Band)

 

15.  Application of SB Farm, LLC dba Sweet Berry Farm, 915 Mitchell’s Lane, for an Amendment to their Amusement License for the 2025-2026 licensing year, adding live music on site, Tuesday evenings (outside) from 6pm – 8pm starting July 1, 2025, and ending September 2, 2025.

 

16.  Application of Martinez Food Truck, LLC dba BBQymas, Portsmouth, RI for a Mobile Food Establishment License for the 2025-2026 licensing year – Truck. (NEW)

 

17.  Application for Special Event Permit from Bradley Hierholzer, Hagerty July 4th Fireworks & party at Peabody’s Beach, to be held on Saturday, July 5, 2025 from 6:00 pm to 10:00 pm. (Fireworks display at 9:00 pm)

 

 

OTHER COMMUNICATIONS

 

 

18.  Communication of  J. Clement “Bud” Cicilline and Ray Malone Co-Chairs, NAACP Newport County Branch Golf Tournament Committee, re:  Request for support by sponsoring a Tee Sign for the Golf Tournament.

 

19.  Communication of Bari Freeman, Executive Director Bike Newport, Requesting the Town Council to adopt a resolution endorsing the Ride Island Bike Plan as a guiding document in the planning of transportation related infrastructure for Middletown. (Review and recommendation from the Middletown Bicycle Pedestrian Advisory Committee on file.)

 

 

PUBLIC HEARINGS

 

 

20.  Public Hearing Advertised.

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title XV, Chapter 152, Entitled “Zoning Code”,  Article 12, Section 1202 entitle “Definitions and Section 1209 entitled “Exempt Signs, Window signs – non-illuminated”. (Planning Board recommendation is on file)

 

 

21.  Public Hearing Advertised.

An Ordinance of the Town of Middletown (First Reading)

An Ordinance in Amendment to the Town Code Title XV, Chapter 152, Entitled “Zoning Code”,  Article 7 Supplemental Regulations, Section 729 Temporary Storage Units. (Planning Board recommendation is on file)

 

 

 

 

 

 

TOWN ADMINISTRATOR

 

 

22.  Memorandum of Finance Director thru Town Administrator, re:  Janitorial Services at Municipal Buildings.

 

23.  Resolution of the Council, re:  Award of contract for Janitorial Services to Go To Services, LLC and authorizing the Finance Director to Execute the contract on behalf of the Town.

 

24.  Memorandum of Fire Chief, re:  Safer Grant Funding.

 

 

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 June 11, 2025 at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.

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