POSTED APRIL 30, 2025

REGULAR MEETING MAY 5, 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, May 5, 2025, 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: 889 0719 7692   or on the web at https://us02web.zoom.us/j/88907197692

 

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.

 

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)

 

 

REGULAR MEETING – 6:30 P.M.

 

TOWN UPDATES

 

1.   The Town Administrator will provide an update on:

a.   Town Projects

b.   Library Building Project

c.   School Building Project

 

 

2.   Communication of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re:  Middletown Public Schools – Recommendation to Award (RTA) – Materials Testing and Special Inspections.

 

3.   Resolution of the Council, re: Award (RTA) – Materials Testing and Special Inspections to Prime Consulting and authorize the Town Administrator to execute the agreement.

 

4.   Communication of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re:  New Middletown Middle-High School – Recommendation to Award (RTA-31A) – Sitework Package.

 

5.   Resolution of the Council, re:  New Middletown Middle-High School – Recommendation to Award (RTA-31A) – Sitework Package approval.

 

6.   Communication of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: New Middletown Middle-High School – Recommendation to Award (RTA-05A) – Structural Steel Package.

 

7.   Resolution of the Council, re: New Middletown Middle-High School – Recommendation to Award (RTA-05A) – Structural Steel Package approval.

 

8.   Communication of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: New Middletown Middle-High School – Recommendation to Award (RTA-03A) – Concrete.

 

9.   Resolution of the Council, re: New Middletown Middle-High School – Recommendation to Award (RTA-03A) – Concrete approval.

 

10. Communication of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: New Middletown Middle-High School – Recommendation to Award (RTA-99A) – Precondition Surveying Package.

 

11. Resolution of the Council, re:  New Middletown Middle-High School – Recommendation to Award (RTA-99A) – Precondition Surveying Package approval.

 

 

PUBLIC FORUM

 

12. 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.

 

 

CONSENT

 

13. Approval of Minutes, re:  Regular Meeting, April 7, 2025.

 

14. Approval of Minutes, re:  Regular Meeting, April 21, 2025.

 

15. Communication of Superintendent of Schools William J. Niemeyer, re:  Middletown School Committee suggestion for new elementary school name – Valley Elementary.

 

16. Proposed Amendment to the Zoning Ordinance, Section 1208 Exempt Signs, Window signs – Non-illuminated. (Planning Board recommendation on file; Council action to advertise for a future public hearing)

 

17. License of Burial, re:  Alan Levada and Marie Levada – Section 56, Graves 50, 51 & 52.

 

18. Applications from the following-named persons, firms and corporations for RENEWAL of Holiday Sales Licenses, for the 2025-2026 licensing year:

 

Shaw’s Supermarket, Inc. #7442/192/Shaw’s Supermarket- 71 East Main Road

Walgreen Company #3000/Walgreens- 12 East Main Road

 

19. Applications from the following-named persons, firms and corporations for RENEWAL of Sunday Sales Licenses, for the 2025-2026 licensing year:

 

Andrew’s at Eastgate, LTD/ Gold’s Wine and Spirits- 48 Valley Road

Brewtus, Inc./Sandy’s Liquors-717 Aquidneck Avenue

Golden Bev, LLC/West Main Liquors- 1374 West Main Road

 

20. Applications from the following-named persons, firms and corporations for RENEWAL of Amusement Licenses, for the 2025-2026 licensing year:

 

Four Aquidneck Opco, LLC d/b/a Flo’s Clam Shack- 4 Aquidneck Avenue

HPK, Inc. d/b/a Tickets- 15 Aquidneck Avenue

Kempenaar Catering, LLC d/b/a Kempenaar’s Clambake Club-  323 Valley Rd

Newport Beach House, Inc. d/b/a Newport Beach House- 3 Aquidneck Avenue

Newport Vineyards and Winery, LLC d/b/a Newport Vineyards- 909 East Main Road

Seaview Inn, LLC/ Wyndham Newport - 240 Aquidneck Avenue

SB Farm, LLC d/b/a Sweet Berry Farm- 915 Mitchell’s Lane

The Pub at Two Mile Corner, Inc. d/b/a The Pub at Two Mile Corner-10 Maple Avenue

Woody’s Tavern, LLC d/b/a Woodhooker’s Sports Tavern- 238 East Main Road

 

21. Application of Marc Milici dba Troubled Soul & Company, LLC, 999 West Main Road, for RENEWAL of a Tattoo License for the 2025-2026 licensing year.

 

22. Application of A&M Acquisitions, LLC dba A&M Tactical, 10 Coddington Highway for RENEWAL of a Firearms Dealers License for the 2025-2026 licensing year.

 

 

LICENSES & PERMITS

 

23. Application of The Traeger Company, LLC dba The Power of Juice, 698B Aquidneck Avenue for a Victualling House License for the 2024-2025 Licensing year. (NEW)

 

24. Application of Flatwaves, LLC dba Food Shack, 1130 Aquidneck Avenue for a Mobile Food Establishment License/Permit -  Cart. (NEW).

 

25. (Continued from the April 21, 2025, Regular Meeting)

Application for Special Event Permit from Middletown Public Schools – Class of 2025 for Senior Class of 2025 Night, Food Trucks, Bon Fire and Music at Third Beach on Thursday, May 29, 2025, from 6:30 pm to 10:30 pm. (Applicant respectfully requests all fees be waived)

 

26. Application for Special Event Permit from St. George’s School, Graduation/Prize Day – Graduation Dinner, Saturday, May 24, 2025, 5:30 pm to 7:30 pm  and Luncheon, Sunday, May 25, 2025 from 12:30 pm to 2:30 pm both held on campus King Hall Terrace.

 

27. Application for Special Event Permit from St. George’s School – Camp Ramleh Yard Sale open to the public to be held at St. George’s School Hockey Rink on Saturday, June 7, 2025 from 8:00 a.m. to 12:00 p.m. (Applicant respectfully requests all fees be waived)

 

28. Application for Special Event Permit from YMCA on behalf of the Wyndham Newport Hotel Sponsor of the Family Festival (A free festival available to families with a variety of events such as balloon twisting, bounce houses/obstacle course, sports, food trucks, vendors, etc.) to be held at the YMCA, 792 Valley Road on Saturday, June 7, 2025 from 10:00 am to 1:00 pm.

 

29. Application for Special Event Permit from Andrea Bailey for Summer Sunset Reading with Flatbed Fiction, Set up a book truck at Third Beach to encourage locals to enjoy the sunset at the beach with a book, Thursday, June 19, 2025 from 6 pm to 8 pm, Thursday, July 10, 2025 from 6 pm to 8 pm, Thursday, July 24, 2025 from 6 pm to 8 pm and Thursday, August 7, 2025 from 6 pm to 8 pm.

 

30. Application for Special Event Permit from Newport Historical Society for The Newport Show – Antiques, Arts & Exquisite Objects to be held at St. George’s School. 372 Purgatory Road on Friday July 25, 2025 (5:00 pm to 9:00 pm), Saturday, July 26, 2025 (10:00 am to 5:00 pm) and Sunday, July 27, 2025 (10:00 am to 5:00 pm).

 

 

PUBLIC HEARING

 

31. Public Hearing (Advertised)

Town of Middletown PY2023 & 2024 CDBG Application – Review of proposed projects for inclusion in the Town’s application for a Small Cities Community Development Block Grant to undertake a range of activities including:

 

a)   Improved housing opportunities for low and moderate-income families and individuals.

b)   Provision of employment opportunities for low and moderate-income individuals.

c)   Provision of community facilities and services principally benefiting low and moderate-income families and individuals.

 

32. Resolution of the Council, re:  PY2023 & 2024 Application – Small Cities Community Development Block Grant (CDBG) – Approving the prioritized list of projects for submission with the Town’s PY2023 & 2024 CDBG application and authorizing the Town Administrator to file said application.

 

 

OTHER COMMUNICATIONS

 

33. 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.

 

34. Communication of Emily Buck, Middletown BPAC Chair, re:  Bicycle Pedestrian Advisory Committee Size - Request for an additional member to the Bicycle Pedestrian and Advisory Committee.

 

 

TOWN COUNCIL

 

35. Resolution of the Council, re:  In support of H5950 and S849.

 

36. Resolution of the Council, re:  In support of RI Senate Bill 2025 S0057 and House Bill H5393.

 

37. Resolution of the Council, re:  In support of RI Senate Bill 0043.

 

38. Resolution of the Council, re:  In support of RI House Bill 5793

 

 

TOWN ADMINISTRATOR

 

39. Memorandum of Town Administrator, re:  Streetlights – Purchase & Conversion.

 

40. Resolution of the Council, re:  Streetlights – Purchase & Conversion – Award of contract to RISE Engineering and Ubicquia, authorize the Town Administrator to execute said agreements and notify the Department of Transportation upon completion of the conversion.

 

 

 

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 April 30, 2025 at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.

 

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