Town Council - Regular Meeting

Okay, folks. We're going to get started. Grace, are we all set? Thank you, Grace. All right, Tom. Motion recess executive session, reconvene in open session. Second. All in favor? I. Motion to approve the FOP fiscal impact statement. Second. We have a motion to second. All in favor? I. Motion to seal the executive session minutes according to Rhode Island general law 42467. Second. All in favor?

I. Okay. Um few new faces in the audience tonight. That's just we're just cleaning up some executive session um motions and and matters. Um typically have to we typically do that, but tonight we had to uh we had to wait till 6:30 for the start of the regular meeting to do that and we do that in open forum. So, in case you're wondering why we're waiting around. Um, so having said that, let's move right into public forum. Um, 6:30 regular meeting. Uh, number two is pursuant to rule 25 of the council. Uh, citizens may address the town in one subject only said subject of substantive town business neither discussed during the regular meeting nor related to job personnel or performance. Citizens may speak for no longer than 5 minutes and must submit a public participation form to the council clerk prior to the start of the meeting. Um, and we do have a couple folks that would any items uh discussed during the session will not be voted upon. Okay. So, um, we do have a couple of folks. Uh, we have Shannon. Is Shannon here?

I don't see her. Okay. I don't I'm not I'm not familiar who she is, so I apologize, but um and we have Georgina McDonald. Just your name and address for the record, Georgina. Okay. Uh Georgina McDonald, 342 Boulevard, Middletown. Okay. Sure. Thank you. So, I live on Boulevard and I have watched the um many times that the road has been closed and I've read the information that was released in December talking about the water under the road.

Yes.

And in that press release or statement, uh Mr. Hanley said he there were many lessons learned and I don't know that I expect answers tonight on these questions but I think the community does deserve some answers. What are the lessons learned and how will that affect future repairs and repaving? Were any photographs taken of the water supposedly pumping under me at Tenomi? Where was it coming from and how has it been diverted? was I've heard various things that it was groundwater or that it was a hitherto buried underground spring. So I think it would be interesting to know more in looking at the boulevard portion of the paving that's not on a hill. So I can't imagine that the water was going there and the question is what happened there? Typically in this kind of road construction, if it's a federal or state highway, periodic sampling is taken of the gravel as it's delivered to the site as opposed to the original sample of gravel, excuse me, that the contractor usually supplies. So my question is, was any periodic sampling of gravel done? And I think that's particularly pertinent to Boulevard. Have you done any core borings to make certain that the gravel that was actually installed met your specifications? And I am assuming Crossman Engineering was the outside engineering firm that was brought in because it was mentioned in the uh release the press release. So what how did they identify the problem and what was their reported solution? And I'm assuming that solution or those solutions have been implemented. And lastly, how will this affect the replacement of the Orangeberg sewer pipe in the Balance of Boulevard? Is that going to postpone the timing of that

installation or not? Okay. Um, so I think we can probably get you some of those answers tonight. I I don't need the answers tonight, but I think these are things that should be publicized so that everybody in the community because a number of the people I've spoken with are very disturbed and concerned about the cost. Yeah. So we talk about it I don't want to say almost every meeting uh Georgina but we do even last meeting we just talked about it and actually one of the things I asked the Mintown administrators what changed up there because something's changed uh that road was never like that until past few years. So something's changed.

Well I I totally agree with you. I mean my career was doing uh financing for large commercial buildings and I would have expected once the problem was obvious that the road would have been closed for a period of time and only residents allowed to go through while you replace the actual roaded which I don't think has been done. Mhm. So although you may have discussed it at council meetings, I haven't seen any information on the website after that December press release and I haven't seen anything in any of the periodic newspapers online or otherwise. Right. But I think this needs to be thoroughly aired because

the number of people who are talking about it is enormous. So thank you. Okay. Thank you so much. Yeah. Okay. We have somebody. Oh, that was it. The other lady's not right. There is no one on Zoom. Will we be getting How are we going to follow up with that? So, that's about that. Sean, so they're on top of it. It's just uh maybe are we not getting that information out or is it on the website or Well, a lot of it was discussed when the remedial project came in. But what I'll do is I'll I have the questions written down. I'll put a memo on the upcoming docket. I'll just confirm what I understand to be the what the sponsors are and that way uh we can put it out there.

Yeah, if we can get it out there if if um if Georgina is saying that um you know, we're all not happy about it, you know. I mean, I know we went to fix it one time and then it started, you know, sinking in again and and I think that's when um the engineers discovered that there was drains needed to be put in. So try to get those answers and um yeah, we'd definitely like to get that completed for sure. Sure. So it'll be on the next docket. Next docket and the next the town council docket. We'll he's going to present the information to us and we'll get it up on the website. Okay. Okay. Motion to act as a board of licensed commission.

Wendy, nobody on Zoom, right? No. Sorry. We have a motion and Thank you. We have a motion, a second to act as a board of license commission. All in favor? I.

I. Okay. Number three is applications. There's three of them from the Norman Bird Sanctuary, 583 Third Beach Road for a class F alcoholic beverage license, beer and wine, and class F1 alcoholic beverage license full liquor. It's a 19-hour license for the same premises for the following events and dates listed below. The Beach Bash, Wednesday, July 29th, 2026 from 5:00 p.m. to 7:30 p.m. That's a class F1 full liquor. The Harvest Fair, Saturday, October 3rd, 2026 from 10:00 a.m. to 5:00 p.m. That's a class F, beer and wine. And the Harvest Fair again on Saturday, October 4th. Um, I think that's supposed to be Sunday, October 4th. Yes,

it is. Okay, it's a typo. Typo. the harvest fair Sunday, October 4th, 2026 from 10:00 a.m. to 5:00 p.m. Class F beer and wine. Motion to grant said licenses. Is there any discussion on these? Hearing none. All in favor? I. Anybody oppose? Motion to reconvene as a town council. Second. All in favor? I. I. Okay. So, the consent calendar. Would any councils like to remove any items from the consent calendar? Okay, I'll I'll take that as a no. Motion to pass the consent calendar in its entirety. Okay, we have a motion to second to pass the consent calendar its entirety. All in favor? I

I Okay, excellent. Let's move on to licens and permits. Uh number nine, application of Newport Creaming Restaurants LLC 208 West Main Road for evictional house license for the 2025 2026 licensing year. This is new motion to grant said license subject to building official, fire marshall and board of health approvals. Second.

We have a motion a second to approve based on those approvals. Uh is there any discussion? All in favor? I. Anybody opposed? Thank you. Number 10, application of Tyler Rosenberg, DBA Ben & Jerry's, 359 Street, Unit C, Newport for a mobile food establishment license. It's a truck license. Uh, mobile truck. This is new motion to grant said license. Second. We have a motion to second to grant. I just have a question, Wendy. So, I thought there was only so many of the mobile trucks. There is. And there's there's enough for this person. Okay. That's what I wanted to make sure. And they're aware of the rules where they can be and can't be, right?

Okay. Excellent. Okay. So, we have a motion, a second grant. Is there any further conversation or discussion? Hearing none. All in favor? I. Anybody opposed? Thank you. This one's interesting. Number 11. Application of Graham Johnson, DBA, the Frosty Lobster. I like it. 63 Gorton Lake Boulevard Warick for a mobile food establishment license. This is a cart and this is new. Motion to grant said license. Second. We have a motion to second a grant. Uh Wendy, same type of questions. Um where are they able to go, not go, that kind of stuff. A cart. they can only go into the office park um or invited to a special event. Okay.

And they know that. Okay. Uh so is uh we have a motion to second a grant. Is there any further discussion on this one? Hearing none. All in favor? I I Anybody opposed? Number 12, application for special event permit from Middletown 250 committee for the Middletown 250 Liberty Tree Dedication and Open House. the tree dedication, patriotic music events, and historical society open house to be held on Sunday, May 31st from 2:00 p.m. to 4 p.m. at Paradise Valley Park. And the applicant requests that all fees be waved. Motion to grant said light special event permit and wave all fees. Second. Is there any discussion on this?

We do have the chair, the committee. George, did you want to say anything about this or you just Okay. Hey, does anybody have any questions for George? Where's your wife? Okay, we have a motion and a second to grant. Any further discussion?

Hearing none. All in favor? I. Anybody oppose? That ought to be a good time. George, good luck. Thank and thank you. Number 13, application for special event permit from St. Georgia School for Alumni weekend, lunch and dinner for alumni. Saturday, May 16th, 2026 from 12:00 p.m. to 2 p.m. on St. George's campus, King Hall Terrace Tent, and dinner from 6:30 p.m. to 10:30 p.m. The tent on Ocean Field on campus. Motion to grant said special event permit. Second.

Motion to second grant. Is there any further discussion or conversation on this one? Hearing none, all in favor? I. Anybody oppose? Okay. Thank you. Number 14. Application for special event permit from St. George's School graduation/prize day 2026 St. George's campus on Sunday, May 24th from 11:30 a.m. to 2:00 p.m. Motion to grant said special event permit. Second. We have a motion to second a grant. Is there any discussion?

Hearing none. All in favor? I. Anybody opposed? Number 15, application for special event permit from YMCA on behalf of the Windham 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 26, June 26. June 6, 2026 from 2 p.m. to 5:00 p.m. and the applicant respectfully requests the fees to be waved. Motion to grant said special event permit and wave permit fee. Second. Uh I just have a question. Wendy, I I don't recall this this one before. Have they done it before?

Yes, they did it last year. Okay. Excellent. Um we have a motion to second a grant. Is there any further conversation hearing? None. All in favor? I. Anybody oppose? Okay. Thank you. Number 16, application for a special event permit from St. Columbus Chapel, 55 Vloose Avenue for the St. Columbus annual garden party to be held on Saturday, June 6, 2026 from 1:00 p.m. to 5:00 p.m. Motion to grant said special event permits. Second. We have a motion to second a grant. Is there any discussion on this one?

Hearing none. All in favor? I you can tell it's getting nice weather because we have a lot of lot of licenses and special events permits, you know. So, just bear with me. We got about five or six more. We'll get through. Number 17, application for special event permit from from Gnome Incorporated. DBA gnome surfer daily surf therapy camp with Fab Newport Boys and Girls Club and Lucy's Hearth to be held at Second Beach Surfers End for 6 weeks beginning Monday, July 6, 2026, Monday through Thursday 10:00 a.m. to 12:30 p.m. and Fridays 10:00 a.m. to 3:00 p.m. through August 14th, 2026. And the applicant respectfully requests the uh the fees be waved. Motion to grant set special event permit and wave permit fee.

Second. We have a motion to second a grant. Is there any discussion? We've done this one for about four or five years now, too. So, it seems to go well. All in favor? I. Anybody opposed? Number 18. Thank you. Number 18. Applications for special event permits is two received from the Norman Bird Sanctuary, 583 Third Beach Road for the same premises for the following events and dates listed below. The Beach Bash, Wednesday, July 29th, 2026, 5:00 p p.m. to 7:30 p.m. And the Harvest Fair, Saturday, October 3rd, 2026, and Sunday, October 4th, 2026, from 10:00 a.m. to 5:00 p.m. Motion to grant said special event permit. Second.

We have a motion to second a grant. Is there any conversation? Hearing none. All in favor? I. Anybody opposed? Thank you. Number 19, application for special event permit from Justin Spiegel/amps Surf New England, a 501c3 501c nonprofit organization for VA summer sports camp surfing clinic for veterans with disabilities to be held at Satress Beach path number eight on Tuesday, July 21st, 2026 and Wednesday, July 22nd, 2026 from 8:00 a.m. to 4 p.m. again. Um he's asking that the fees applicant request the fees be waved. Motion to grant set special event permit and wave permit fee. Second.

Have a motion to second grant. Any discussion on this one? Hearing none. All in favor? I. Anybody oppose? Thank you. Number 20. application for a special event permit from from Kerry McGawan, Holland, Middletown, for a 4th of July bike parade to be held on Saturday, July 4th, beginning at 10:00 a.m. Neighborhood kids would like to dress up and hold a small parade route along Esplanade and Shore Drive. Motion to grant said special event permit. Second. I want to go. You want to go? Just kidding. We have a motion. I think that'd be fun. Track. Yeah. Uh, we have a motion to second a grant. Is there any uh conversation?

I think it's a great thing. Yeah. Yeah. It's pretty cool. Yeah. All right. Um, we have a motion to second a grant. All in favor? I. Anybody opposed? Good luck. Number 21, uh, is application for a special event permit from Monica Pazooki. I'm not No, ends in wits. Yeah, wits. Sorry. Palooits. Palooit. of Beyond Fitness for Beyond Fitness Beach Boot Camp group exercise classes from May 7th, 2026 to October 29th, 2026, Tuesdays and Thursdays from 5:15 a.m. to 7:45 a.m. at Third Beach. Motion to grant said special event permit. Second.

We have a motion to second to grant. Is there any conversation on this one? Are the early birds? Yeah, you're out. You're You'll never be up that early, Dennis. You can't do that. All in favor? I. Anybody opposed? Motion carries. Other communication number 22, communication of Newport County YMCA Sharks special Olympics team in reference to requesting support for the Newport County YMCA golf uh charity golf tournament by sponsoring a T- sign. Motion to receive said communication and sponsor a T- sign in the amount of $150 to be appropriated from the council president's discretionary fund. Second.

We have a motion to second a grant. Is there any discussion? Another good one. All in favor? I. Motion carries. Number 23. Application of Tracy Ponz looking upwards fundraising committee in reference to request for support by sponsoring a T for the 20th annual golf tournament fundraiser annual request. Motion to receive said communication and sponsor a T sign in the amount of $150 to be appropriated from the council president's discretionary fund. Second. Have a motion to second a grant. Is there any further discussion? Hearing none. All in favor?

I. Anybody opposed? Thank you. Uh so let's move on to number 24, which is uh email communication of Kevin Lendram. Uh Middletown High School boys basketball coach in reference to he's requesting support for the summer basketball league. Motion to receive said email communication and appropriate $500 from the council president's discretionary fund for the Middletown High School Basketball Summer League. Second. We have a motion and a second. We've done this in the past as well, right? Yes, you have. Yeah. Okay. Yeah. And it's it's going well. So, we have a motion is for the kids. Motion is second. Um, all in favor?

I. Anybody oppose? Thank you. Let's move on to town council business number 25 is the uh ref request of myself in reference to resolution of the council in reference to National Small Business Week. Motion to pass said resolution. Thank you.

Just we have a motion to second really quick. Um, I'm not going to read the whole thing, but you know, small businesses are the engine of of the American economy and the foundation of a free and prosperous nation and accounting for more than 99% of all private sector employers and creating nearly two out of every three new jobs nationwide. So, um, you know, we always talk about it, we always say it that the, uh, small businesses are the, uh, the backbone of every successful community, and there's certainly a lot of them here. So, uh, that's why this is on here. Just wanted to recognize that. Um, and so, uh, we have a motion, a second to pass this resolution. Is there any discussion or further comments?

Hearing none, all in favor? I, anybody opposed? Thank you. Number 26 request to myself um like to uh resolution concerning a resolution of the council uh proclaiming men's health month. Motion to pass said that resolution second. We

have a motion to second to pass and and pretty simple. Um you know we did the uh I believe the women's health women's health uh just not too long ago. Uh the men's health is part of an ongoing international effort to educate men, boys and their families about the importance of preventive health screening and early detection and healthy lifestyles. Um and you know nationwide uh men have a life expectancy that is approximately six years shorter than that of women and experience higher rates of chronic diseases including diabetes, obesity, cancer, heart disease and premature mortality mortality. So, men's health month provides an opportunity to recognize the mental and physical health needs of men and boys while encouraging fathers and caregivers to serve as positive role models through preventative care, healthy living, and helpseeking behaviors. So, I think it was important to put this out there. The centerpiece for men's health is a national uh men's health week a special awareness period passed by Congress and signed into law in in on May 31st 1994 and observed annually through the efforts of uh resolutions like this and men's health network to build um empathy recognition understanding of the unique health needs facing um men and and boys. So just thought it was important to get that on there. Um, so I appreciate you allowing me to read that and get it out there. So we have a motion to second it to pass. Is there any further conversation hearing? None. All in favor?

I. Anybody oppose? Um, this next one number 27, the request of myself in reference to resolution of the council in support of um 2026 House Bill 7502 relating to hide highways and uh and uh sidewalks. Motion to pass that resolution. Second.

We have a motion, a second to pass. Um, you know, it's just, you know, more of a uh uh that bill would rarely require that maintenance sidewalks along state highways with the exception of snow and ice removal be the responsibility of the state and uh state of Rhode Island. Uh whereas municipalities currently bear responsibility for maintaining sidewalks located uh within the state highway rights away. Um so um state uh sidewalks within the state rights of way are frequently impacted by state controlled elements such as drainage systems, utility structures, roadway designs which can which contribute to deterioration and maintenance needs and and bless you and municipal experience demonstrates that inconsistencies in maintenance responsibility can result in uneven conditions, suffic inefficiencies and increased costs. So, um it's just that uh we're urging the uh general assembly to adopt this legislation to approve consistency and infrastructure management um on the state state roads and state facilities. Okay. And reduce the unfunded uh municipal obligations for for the cities and towns. So, that's what this is about. Is there any uh any for motion? A second. Is there any further conversation hearing? None. All in favor? I. Anybody oppose? Okay. Uh boards and committees, this could be a wreck meeting, folks. Um it

I'm sure it's not going to hurt anybody's feelings. Um yeah, so uh boards and committees to a 281 appointment of one member of the affordable housing committee indefinite term. Motion to appoint Jeffrey Limler to the affordable housing committee for an indefinite term. We have a motion and a second to appoint Jeffrey Lima to the affording affordable housing committee for indefinite term. All in favor? I. Anybody opposed? Thank you. Number 29, appointment of two members to the Middletown Pro prevention coalition. One vacancy for the healthc care sector and one vacancy for the parent sector terms expiring April 2028.

Motion to reappoint Marlene Davis, healthc care sector term expiring April 2028. and reappoint Christopher Williams, parent sector term expiring April 2028 to the Middletown Prevention Coalition. Second. We have a motion, a second to appoint those two folks. Um there's no other people that applied, so there'll be no further nominations. Um all in favor? I. Anybody opposed? Thank you. Number 30, appointment of two members, resident members, to the roads and utility advisory committee. Um, there's one vacancy with a term expiring January 2029 and one vacancy to complete a term expiring January 2027.

Motion reappoint Julian Pekkham I 4th resident member term expiring January 2029 and appoint Michael Kazinski resident member to complete a term expiring January 2027 to the roads and utilities advisory committee. Second. Okay, we have a motion to reappoint those two folks. Um, is there any further discussion hearing? None. All in favor? I. Anybody oppose? Number 31, appointment of one member of the senior center board of directors. Term expiring um January 2029.

Motion to appoint Diana Campula Skaggs to the senior center board of directors term expiring January of 2029. Second. A motion second to appoint Diana. Is there any further conversation? All in favor? I. Anybody oppose? Number 32, appointment of one member to the Tax Assessment Review Board. It's a bipartisan board. Term expiring October 2028. Motion to reappoint Tracy Taber to the Tax Assessment Review Board. Term expiring October of 2028. Second. We have a motion and a set second to appoint Tracy Taber. Um, she's the only one that applied. So, all in favor?

I. Anybody opposed? Thank you. Number 33, appointment of four members to the zoning board of review. One vacancy regular member term expiring April 2031. One vacancy first alternate term expiring April 2027. One vacancy second alternate term expiring April 2027 and one vacancy third alternate term expiring April 2027. Um so we do have a couple of new folks that have applied. Um, and typically in the past we've interviewed those new folks. So, um, what's the pleasure of the council here? I think it's important, my opinion is it's important to be consistent in what we do. Um, I think it's important that we should interview uh, the new folks um, then make decisions. But, um, that's up to you. What do you guys want to do, Tom? Uh, does it matter that there are only enough applicants for the positions and the two new members would be alternates? I don't know if that I mean, we have interviewed in the past, but I feel like if there was a regular member or a first alternate that bears more weight. I don't know if anybody cares about that, but I don't know how it's going to change if we interview him or not. I I

So I hear I understand what you're saying. It's a good point you bring up. Typically what we've done in the past is taken the first alternate in fairness that if there's a regular opening then we would move that person up to there. That's typically or historically what the council has done in fairness. Um and then take the second alternate and move it to the first alternate and then the two new people could be the you know uh the second and third alternates. It's just a matter where they fall. Um, and I think that's the importance of interviewing them. So, I mean, you might somebody might knock it out of the park. You go, maybe I want that person to be the regular member. I don't know. It's happened in the past. You maybe years ago, but um I don't know.

I mean, I I don't mind the interviews, but that the two current people, if we're going to appoint them, and I don't see any reason why not to. Okay. Get that done tonight, right? Or do you want to do it all at once? Do they do they have do they have issues with quorums? Um we haven't we have had a couple of meetings recently where we had um just the minimum number of folks but um so you you can wait to do all four appointments. You could if if you want to appoint the Okay,

I'm comfortable appointing the first alternate to the regular member, the second alternate, the first alternate. But I think we need to make remain consistent interview people because, you know, nether board it might be okay. Well, you you interviewed them, but you didn't interview us. Why? You know, or you didn't interview them, but you want to interview me. Why? You know, that's that's not right. So, are we allowed to break it up like that? Yeah, we can do that, right? Mhm. Sure. That's not a very comfortable. Absolutely, Mr. President. Okay. Thank you, Peter.

Mr. President, I'd like to, if I may, make a motion. Alicia Rees to the regular member term expiring 2031. I'll second that. There any further discussion? All in favor? I. Go ahead. Keep it rolling. Christopher Row to first alternate term expiring April 2027. I'll second that. All in favor? I Okay. And then we're going to interview so at least they can have a quorum. Um or if somebody calls out, they can have Y.

Uh they have an alternate ready to go. Um and then if Wendy, if you could schedule, please schedule the interviews for the next meeting if they're available. Um uh we'll interview them. So um Okay. Okay. Very good. Done. Motion to adjurnn. Second. Motion a second to adjurnn. All in favor? I. Thank you everyone.