POSTED MAY 14, 2025
REGULAR MEETING MAY 19, 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 19, 2025, 5:00 P.M. 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: 892 9114 7808 or on the web at https://us02web.zoom.us/j/89291147808
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), (1) Personnel (Fire Chief), (2) Potential Litigation, (2) Collective Bargaining (NEARI/Town Hall), (5) Land Acquisition and (2) Litigation -(PUC Docket No. 22-42-NG – SB-2021-04 – Old Mill Lane) review, discussion and/or potential action and/or vote in executive session and/or open session.
2. Appointment of Fire Chief and Swearing In.
3. Communications five (5) of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: New Middletown Middle-High School.
a. Recommendation to Award (RTA-14A) – Elevators
b. Recommendation to Award (RTA-21A) – Fire Suppression
c. Recommendation to Award (RTA-22A) – Plumbing
d. Recommendation to Award (RTA-23A) – HVAC
e. Recommendation to Award (RTA-99A) – Site Servies (Field Office Trailers)
4. Resolution of the Council, re: Approving the recommendation for Gilbane Building Company to award the subcontracts of Elevators, Fire Suppression System, Plumbing, HVAC and Site Services 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.
5. Communications six (6) of Justin Bernard, Senior Project Manager, Project Management Services, Colliers Project Leaders, re: Renovations of Existing Middletown High School (ES Complex).
a. Recommendation to Award (RTA-001) – Demolition and Abatement
b. Recommendation to Award (RTA-002) – Mechanical Systems Repairs
c. Recommendation to Award (RTA-003) – Fire Suppression
d. Recommendation to Award (RTA-004) – Sitework
e. Recommendation to Award (RTA-007) – Plumbing
f. Recommendation to Award (RTA-009) – Doors, Frames & Hardware
6. Resolution of the Council, re: Approving the recommendation for Bentley Companies to award the subcontracts of Demolition and Abatement, Mechanical Systems Repairs, Fire Suppression, Sitework, Plumbing and Doors, Frames & Hardware 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.
7. Email communication of Don Morin, Chair Tax Exploration Committee, re: PowerPoint Presentation of Tax Exploration Committee – Check-In with Town Council.
8. 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.
9. Approval of Minutes, re: Special Meeting, April 26, 2025.
10. Approval of Minutes, re: Special Meeting, April 28, 2025
11. Communication of Dan Lambe, Chief Executive of the Arbor Day Foundation, re: Congratulating Middletown on earning recognition as a 2024 Tree City USA status.
Mechanical Amusement Device – Expires May 5th, 2026:
Gilbert-Burton Post #4487/VFW- 52 Underwood Lane (One Juke Box, One Pool Table and One Game)
HPK, Inc./Tickets- 15 Aquidneck Avenue (One Juke Box)
Kempenaar Real Estate/Howard Johnson Motor Lodge- 351 West Main Road (Four Games)
S.C.S.JR. Restaurant Corp., Inc/Scotty’s Big Dawg’s Sports Pub – 823 West Main Road (One Juke Box, One Pool Table and One Game)
Shaw’s Supermarkets, Inc./Shaw’s #1442 - 72 East Main Road (One Game)
SK Industries, Inc./Rusty’s- 44 Wave Avenue (One Juke Box, One Pool Table, One Game)
Sonesta International Hotels Corporation/Sonesta Select Newport/Middletown – 9 Commerce Drive (Three Games)
The Pub at Two Mile Corner, Inc./ The Pub at Two Mile Corner- 10 Maple Ave (One Juke Box, One Pool Table, Two Games)
Woody’s Tavern, LLC/Woodhooker’s- 238 East Main Road (One Juke Box, One Pool Table, One Game)
13. Application of Diegos Middletown, LLC dba Diego’s Barrio Cantina, 116 Aquidneck Avenue, for RENEWAL of an Amusement License for the 2025-2026 licensing year.
14. Application for Special Event Permit from Newport County YMCA for use of upper field on John Clarke Road for summer camp/programming (Field at the top of YMCA parking lot on John Clarke Road), June 1, 2025 to September 1, 2025 from 9:00 am to 5:00 pm. (The applicant respectfully requests the permit fee to be waived)
15. Application for Special Event Permit from Newport Sauna for Sauna at the beach, Mobile Sauna on site for winter swimmers/paddlers/plungers at Third Beach from October 2025 to April 2026 (1-2 days per week 5 hours on site max).
16. 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 6 Application of District Regulations, § 602. Schedule of District Regulations. (Planning Board recommendation is on file)
17. Communication of the Newport County YMCA “Sharks” Special Olympics Team, re: Requesting support for the Newport County YMCA Charity Golf Tournament by sponsoring a tee signs.
18. Memorandum of Vice President Welch, re: Proposed Summer Council Meeting Schedule.
19. Memorandum of Councillor Turano, re: Resolution in Opposition to RI 2025 Gun Control Legislation.
20. Memorandum of Town Administrator, re: Recommendation of Affordable Housing Committee for East Main Road Housing Project.
21. Memorandum of Town Administrator, re: Undergrounding Utilities in Atlantic Beach District.
22. Memorandum of the Town Administrator, re: Amending the Special Event Ordinance for Consideration of Non-Profits.
Wendy J.W. Marshall, MMC
Town Clerk
Posted on May 14, 2025 at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.