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JANUARY 7, 2008 MIDDLETOWN TOWN COUNCIL MEETING

With the Executive Session not yet completed, President Paul Roderiques reconvened the open meeting at 7:03pm with intention to go back into Executive Session at the conclusion of the regular meeting. Councilman Robert Sylvia was absent. Editor’s Note: Time is quoted from the wall clock. The wall clock is one minute slow.

Executive Session

The first business conducted by the Council was to reconvene from Executive Session and vote on three motions: (1) move forward on land acquisition (unanimous), (2) seek renegotiation of Kempen separation agreement (defeated 4-2 with Councilmen DiPalma and Silveira in favor), and (3) accept Solicitor’s recommendation for litigation settlement (unanimous). As indicated in the docket agenda, the Executive Session was held for the matter of “land acquisition, personnel, potential litigation, and collective bargaining.”

Fourteen-item Consent Calendar

Two items on the consent calendar received additional comment:

Antone Viveiros questioned the award of a Financial Advisory Services contract to First Southwest Company, Lincoln, RI. Acting Town Administrator Shawn Brown explained that First Southwest Company was the only bidder, has done previous work for the Town, and comes highly recommended.
Maggie Bulmer complimented Recycling Coordinator Will Cronin and the operation of the Pay-As-You-Throw program. Antone Viveiros cautioned against expanding the program into commercial establishments, such as the Westridge Condominium Association.

Licenses Granted

The Council unanimously approved the following licenses:

Victualling House License – East Main Shell, 207 East Main Road
Victualling House License – West Main Shell, 1149 West Main Road
Additional Hours of Operation – East Main Shell, 207 East Main Road
Additional Hours of Operation – West Main Shell, 1149 West Main Road
Bingo License Renewal – Middletown Senior Citizens Center, 650 Green End Avenue

Editor’s Note: Councilman Silveira did NOT recuse himself on any of the items.

Witherbee School

The Council unanimously accepted a $23,330 State Preservation Restoration Grant for exterior renovations and preservation of the Witherbee School. The Council also unanimously authorized $11,670 in Town matching funds from the undesignated fund balance.

Drive-In Property Cleanup Contract

The Council unanimously awarded a $34,500 contract to East Coast Construction (low bidder) for the pile removal and final clean up of the Drive-In property on Aquidneck Avenue. Acting Administrator Brown explained that the materials to be removed cannot be used in other Town projects. Resident Antone Viveiros questioned the additional cost in the contract for winter cleanup and asked “Why are we in a hurry? Couldn’t we wait until spring?” The Council unanimously voted to amend the contract to remove the paragraph containing the additional cost for cleanup in the winter months. Editor’s Note: Councilwoman Shirley Mello recused herself on this issue without explanation.

GMH Property – Environmental Assessment

The Council unanimously approved a $24,500 to Fuss and O’Neill for the Public Notice and Environment Site Assessment Activities Lot A of “The Landings” site project. This will be Phase II of the environmental assessment with Phase I completed and reported at the November 19^th Council meeting (see Middletown Newsletter 11-19-07.)

Town Administrator Recruitment

The Council unanimously received and approved a proposed Town Administrator recruitment process that follows the same format used in the prior selection in 2003. A five-member steering committee will be chosen by the Council at its next regular meeting.

Tattoo Ordinance Challenged

Mark David Botello appeared before the Council to explain that his tattooing business has been halted by Middletown’s archaic local ordinance and asked the Council for relief. The Council directed the Town Solicitor to review and update the Town ordinance (some provisions date to the 1950’s). In the mean time, the Solicitor recommended that the Council approve a provisional license for Mr. Botello provided that he shows proof of holding a State tattooing license and the Police Chief verifies that Mr. Botello is a “person of good moral character.” The Council unanimously granted the provisional license, with the Solicitor’s stipulations, until such time as the local ordinance can be updated.

Honoring Employees and Residents for War Efforts

Councilman Edward Silveira Jr. suggested that a process be developed to honor Town employees and residents who have been involved in the current war effort, such as a plaque inside the Council chambers containing the names. The matter was referred to the War Memorial Committee for its consideration.

Open Space Bond Referendum

At the suggestion of Councilman Louis DiPalma, the Council unanimously adopted a resolution in support of a $15 million State bond referendum for Open Space land acquisition. Ted Clement, Aquidneck Land Trust, applauded the Council for passing this resolution.

Appointments

The Council made the following appointments (all unanimous votes except the one noted):

Kenneth A. Kurze – Personnel Board
Tracy Taber – Tax Assessment Review Board (4-2 vote with Councilwomen Barrow and Santos opposed)
Paul Lamond – Tree Commission
Alan Kirby – Tree Warden
Karen A. MacKnight – Senior Citizens Center Board of Directors (reappointment)
Elizabeth Yashura - Senior Citizens Center Board of Directors (reappointment)
Eris Anderson White - Senior Citizens Center Board of Directors
Helen F. Flynn – Economic Advisory Committee (reappointment)
Thomas Kowalczyk - Economic Advisory Committee (reappointment)
Richard Cambra - Economic Advisory Committee
Helen F. Flynn – Beach Commission (reappointment)
John Crimmins - Beach Commission

PUBLIC FORUM SESSION

No one requested to address the Council during the public forum session.

The Council recessed the regular meeting at 7:56pm in order to reconvene in Executive Session.

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