For best print results, set margins to .75" top & bottom and .5" left & right

Volume III-3 Published: 1/8/91

MIDDLETOWN TOWN COUNCIL MEETING 1/7/91

President George Andrade called the meeting to order at 7:34 pm after a short delay to turn on and adjust the microphone system. Councilman Michael Kirby was absent, and thirty residents were in attendance.

Acting as a Probate Court, the Council routinely settled matters of one estate. However, in another estate the matters were not routine and the Council postponed this case until the end of the regular Council meeting.

Acting as a Board of License Commission, the Council unanimously renewed the liquor license for Outstanding Restaurants, Inc. with neither discussion nor debate.

The six item Consent Calendar received considerable attention. Councilman Peter Grimes asked that the three letters in support of the New School be referred to the School Committee as has been the practice in the past weeks. Councilman Robert Sullivan, referring to a Newport City Council resolution, suggested that binding arbitration for teachers be discussed with the School Committee when the Council meets with them next Monday evening.

The continued matter of New England Telephone digging the newly paved road on Miantonomi Avenue was further continued until next meeting in anticipation of a telephone representative meeting with the Public Works Director next week.

In a letter to the Council, Reo Beaulieu objected to proposed construction of a Dunkin Donut restaurant abutting his property at 554 East Main Road. Councilman Arlene Kaull asked Town Administrator Michael Embury to raise the letter's questions regarding flooding with the Department of Environmental Management. Councilman Sullivan suggested that drainage from the property rather than detention ponds would be preferential; however, Councilman Peter Grimes stated that the "zero increase water runoff" requirement may not be able to be met without a detention pond. The issue has been referred to the Administrator.

In a letter to the Council, F. M. Sullivan suggested that Middletown institute an "Adopt-a-Street" program whereby businesses would "accept the responsibility for cosmetic maintenance of the areas bordering a road or intersection." Paul Lamond, speaking before the Council, stated that this was a "great idea" but suggested expanding the idea further to include residents in a "volunteer organization". President Andrade stating that he "likes the idea of getting people involved" referred the matter to the Administrator for a report.

Councilman Sullivan nominated Dennis Klodner to fill a vacancy on the Middletown Planning Board. Councilman Michael Kehew then made the unusual nomination of two people to fill the single vacancy, citing both Beverly Goldstone and Hollie Delaney as excellent choices for the position. Councilman Kehew was relieved of any further embarrassment of having to vote for either or both of his candidates since all five Democratic Councilmen voted for and appointed Dennis Klodner on the first ballot. A split in the Democratic unanimity occurred on the matter of filling a vacancy on the Middletown Library Board of Trustees as Councilman Sullivan nominated Albert McAloon and Councilman Kaull nominated Joyce Quinn. Albert McAloon was appointed on the first ballot as Councilmen Andrade, Grimes, McLeish, and Sullivan voted for him. Partisan division or bickering was not needed nor required for appointments to the Cable Television Advisory Committee since only two applicants existed for the two vacancies. Thus, President Andrade moved and the Council unanimously appointed Ronald Santa and Ronald Heroux to this committee.

The most time consuming issue of the evening was the Probate Court matter postponed from the beginning of the meeting. The Council was being asked to set a fair market rental for an apartment owned by an estate until the building is sold. The controversy stems from the tenant being one of the heirs and also the prospective buyer of the house. In the end, the Council decided to set a $413/month rental fee and the matter is now sent back to the administrators of the estate for final solution.

The Council adjourned at 8:51 pm.

NOTE

The next Town Council Meeting will be held on Wednesday, January 23rd owing to the Martin Luther King holiday on January 21st.

BUDGET HEARING DATES

Council/School Committee Monday January 14

First Public Hearing Wednesday April 24

Second Public Hearing Monday April 29

Volume III-4 Published: 1/24/91

MIDDLETOWN TOWN COUNCIL MEETING 1/22/91

President George Andrade called the meeting to order at 7:34 pm.. Upon suggestion from a member in the audience, a moment of silence was conducted for our servicemen in the Middle East. Councilman Michael Kehew was not present at roll call but arrived before any business was conducted. Forty residents were in attendance.

Acting as a Board of License Commission, the Council unanimously granted a 19-hour alcoholic beverage license to the Aquidneck Island All-Vets Club, Inc. for January 27, 1991. The Secretary of the organization explained that the Super Bowl Party is a fundraiser for a member who has died recently.

The nine item Consent Calendar received considerable attention. Councilman Arlene Kaull stated that the Newport City Council resolution on binding arbitration for teachers was not discussed with the School Committee on January 14th and suggested that the subject be discussed next Monday evening. Councilman Robert Sullivan recused himself from voting on a tax cancellation list since his name was included ($723.60 cancellation as a result of Board of Review reducing assessment by $67,000). Town Administrator Michael Embury, in answer to Councilman Kaull's question, stated that a running total is being kept of all assessment reductions granted by the Board of Review.

The ongoing matter of New England Telephone digging the newly paved road on Miantonomi Avenue was again continued until next meeting. The plan as submitted by the telephone company did indeed require the road to be dug; however, a new plan is being drafted and will be reviewed by the Public Works Director and submitted at the next meeting.

The Council received from the Planning Board a six-year Capital Improvement Plan which included the following Department totals: $892,700 for Fire Department; $858,048 for Police Department; $2,259,510 for Public Works; $189,000 for sewer pump station upgrade; $1,303,050 for School Department; and $176,540 for Town Hall computer system upgrade. Councilman Kaull pressed for meetings with individual Department Heads to discuss the Capital Improvement Plan; however, since the Council will routinely meet with these individuals during the budget workshops, it was decided to discuss the issue then.

In a letter to the Council, Frank Mello complained of slippery road conditions on Browns Lane at the entrance to St. Columba's Cemetery on December 28th. Councilman Kaull voiced concerns over the matter since the Council has never received such a complaining letter. Administrator Embury explained that "hills (including this one) are the priority during snowstorms" but this particular instance had warmer temperatures which washed the sand away followed by a quick drop in temperature which created the slippery conditions. Administrator Embury will send a letter to Mr. Mello explaining the situation.

In a letter to the Council, the attorney for Dunkin' Donuts requested to speak in response to the action taken by the Council at the last meeting (Middletown Newsletter III-3). Indicating that he was "taken aback over the Town's letter to DEM", Attorney Allott explained that the proposed construction is a permitted use and complies with all rules and regulations. With regard to the detention pond proposal with water exiting toward the rear of the property, this is primarily a DEM regulation that requires water from one watershed to be returned to the same watershed and not deflected away. After two abutters spoke in opposition to the proposal, the Council proceeded to the next docket item since the matter is in the hands of DEM and the Town has no responsibility in the decision.

Speaking before the Council, Representative Bruce Long addressed the issues he had raised in three separate pieces of correspondence. First, he suggested that interest penalty on overdue taxes be suspended during the banking crisis. The last quarter payment (December 10) and the next quarter payment (March 10) have skirted the crisis and therefore this is not yet a concern and will be addressed at the appropriate time. Second, he suggested that Middletown establish its own Municipal Court thereby receiving all fines for zoning and motor vehicle violations rather than having the money currently go to the State as is the current procedure. The estimated $20,000 start-up cost, however, prompted Council skepticism. The Administrator will conduct a cost analysis study and will report to the Council during the first meeting in March. Third, he suggested a Council/Representative meeting to discuss Town legislative needs. President Andrade suggested that the State could help by (1) providing as much General Revenue as possible, (2) continue to fund education adequately, and (3) reduce the number of required mandates. Representative Long concluded on the pessimistic note that Governor Sundlun is going to freeze school aid and therefore Middletown is unlikely to receive the additional $700,000 to which it is entitled and was expecting to receive.

The Council unanimously appointed all three applicants to the Open Space Study Committee: Paul LaMond, Raymond H. Smith, and Norman W. Hall. The Council unanimously appointed all seven applicants to the Economic Development Advisory Committee: Robert M. Silva (5 years & Chairman), Charles E. Paiva (4 years), Robert Rosenberg (3 years), Allen J. Shers (2 years), Holly D. Delaney (1 year), John A. Napolitano (1 year), and Rodney K. Veach (1 year). Councilman Kehew objected to the appointment years and chairmanship but eventually voted with the entire Council.

Three members of the Middletown Senior Citizens, Inc. spoke in opposition to the formulation of a Town Board of Directors to advise and control the operations of the Senior Citizens Center. It appears that two factions have developed within the Center, one group belonging to the incorporated organization and the other group separated from the incorporated group. Since this situation is intolerable within a Town Department and will prevent the acquiring of state and federal grants, Administrator Embury has recommended a single controlling body. It is apparent that the Middletown Senior Citizen, Inc. organization will have to dissolve if these individuals desire to continue using the Middletown facility thereby rankling the members of the incorporated group. In the end, the Council order an advertisement for positions on the Board of Directors and urged members from the Middletown Senior Citizens, Inc. to apply.

The Council recessed at 9:44 pm in order to hold a closed-door Executive Session to discuss "collective bargaining and pending litigation".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened from the Executive Session: (1) Appointed the Town Administrator, Office of Town Solicitor, and Finance Director to negotiate the Town Hall employees contract, (2) Appointed the Town Administrator, Office of Town Solicitor, and Public Works Director to negotiate the Public Works employees contract, (3) voted to seal the minutes of the Executive Session and (4) adjourned. At no time did the Council announce or indicate the subject of the "pending litigation."

BUDGET HEARING DATES

Council/School Committee Monday January 28

First Public Hearing Wednesday April 24

Second Public Hearing Monday April 29

Volume III-5 Published: 2/6/91

MIDDLETOWN TOWN COUNCIL MEETING 2/4/91

President George Andrade called the meeting to order at 7:35 pm noting that the newly installed, inexpensive clock was in actuality five minutes fast. All Councilmen were present, and ten residents were in attendance. A moment of silence for the troops in the Persian Gulf was conducted before business began.

The ten item Consent Calendar was accepted and adopted with neither discussion nor debate.

The ongoing matter of New England Telephone digging the newly paved road on Miantonomi Avenue was again continued until next meeting. The latest delay is caused by New England Telephone's failure to submit a new plan.

Councilman Michael Kehew wanted to establish a joint Town Council/School Committee subcommittee to consider the school's housing needs citing an estimated $500,000 cost to reclaim and upgrade the Forest Avenue School and suggesting a $1M-$2M bond referendum. Councilmen Andrade, Grimes, and Sullivan each spoke against establishing such a subcommittee instead suggesting that such matters should originate with the School Committee.

Councilman Arlene Kaull suggested sending a letter to the Department of Transportation requesting a pedestrian light and sidewalks at the Maple Avenue/West Main Road intersection. Representative Bruce Long stated that such a petition has previously been rejected by DOT and is therefore unlikely to be considered. Representative Long instead recommended that DOT be requested to solve this dangerous intersection problem as part of the overall Two Mile Corner project. The Council unanimously voted to send a letter, including the Police Chief's recommendation, to DOT requesting a solution.

The Council unanimously reappointed the only two applicants to the Middletown Planning Board: William E. Stratford and Alphonse G. Levada, Jr.

Upon hearing that the NETC Police Department had denied a similar application, the Council unanimously tabled a Firearms Dealers License for Chris Cochran of 121-C Lawrence Street.

The Council adjourned at 7:51 pm. This 16 minute meeting is the third shortest of all time and 7 minutes longer than the record setter.

EDITORIAL

The turmoil at the Senior Citizen Center (Middletown Newsletter III-4) brings to light an ugly attitude: What is mine is mine and what is yours is also mine.

The Middletown Senior Citizens, Inc. has been receiving thousands of taxpayer dollars for many years. This money combined with dollars collected from cake sales has resulted in a considerable bank account. When this was the one-and-only seniors group in the Town, there wasn't a problem. When this group was running their own affairs, there was not a problem.

But the Middletown Senior Citizens, Inc. decided it could not run its own affairs and asked the Town to provide an Activities Director to design programs and run the Center. Town Administrator Michael Embury agreed to these demands and hired a Director. To do this, it was necessary to make the operation a Town Department similar to the Library. As a Town Department, all Town residents must have equal access and equal participation. As a Town Department ONLY Town money can be spent and ONLY Town officials may spend it.

The Middletown Senior Citizens, Inc. cannot keep their bankroll for themselves AND be part of a Town Department. The options are simple: EITHER keep the money and the organization but move out of the Town building and Town Department OR dissolve the organization and return the money to the Town (after all, its primarily taxpayer money anyway). The choice is theirs.

NOTE

Owing to the holiday on February 18th, the next Council meeting will be held on Wednesday, February 20th.

BUDGET HEARING DATES

First Public Hearing Wednesday April 24

Second Public Hearing Monday April 29

Volume III-6 Published: 2/21/91

MIDDLETOWN TOWN COUNCIL MEETING 2/20/91

President George Andrade called the meeting to order at 7:37 pm. Councilman Matthew Kirby was absent, and thirty residents were in attendance. A moment of silence for the troops in the Persian Gulf was conducted before business began.

Six items from the eight item Consent Calendar were accepted and adopted with neither discussion nor debate. Councilman Arlene Kaull queried the minutes of the January 30 Special Meeting relative to action required for the Department of Transportation (DOT). DOT will be sending plans for five road construction projects requiring Council approval which will be agenda items at the next Council meeting.

The monthly Financial Report was removed from the Consent Calendar and received considerable attention. Councilman Kaull inquired as to delinquent tax payments, lagging revenues, and unspent beach expenditures. Town Administrator Michael Embury explained these matters and an additional problem caused by State funding. Apparently in a move to balance its own books, the State will be withholding the May/June State Aid funding for the schools (over $1 million) with payment to occur sometime in July. As a result, the Town will likely be forced into borrowing money to cover payroll expenses during these two months. Administrator Embury stated that "a significant policy decision by the Council will be required at that time." President Andrade, addressing the issue, stated that the "situation is now dire" and asked for a Council resolution establishing a policy whereby no money would be spent on nonessential spending for the remainder of the fiscal year. Councilman Peter Grimes suggested that a resolution was not needed since the Administrator should "have a sense of the Council". The Financial Report was thereupon received and accepted unanimously.

The ongoing matter of New England Telephone digging the newly paved road on Miantonomi Avenue was again continued. This time, however, the Council decided to continue the matter indefinitely until such time as New England Telephone submits an acceptable plan.

The Council unanimously allowed the Zoning Ordinance Amendment of Kempenaar Real Estates to be "withdrawn without prejudice" at the request of the petitioner. This action was taken after receiving letters from the Newport City Manager, the Portsmouth Water and Fire District, and Middletown dentist Gregory Frazier objecting to the zoning change. In another zoning matter, the Council agreed to increase fees for all zoning petitions to cover Town expenditures including notification to abutters. The Council will vote and enact a new fee schedule at the next meeting.

Upon receiving a report from Administrator Embury [Middletown Newsletter III-3], the Council unanimously agreed to establish an Adopt-a-Road program in the Town. At the urging of Councilman Kaull, an organizing committee to coordinate all efforts in Town beautification will be establish and an advertisement for such committee members was ordered. President Andrade suggested that a day be set aside (not yet determined) as Town Beautification Day with suitable fanfare to kickoff the program.

Police Chief Gibson proposed a new and strict Noise Ordinance to assist in controlling the summertime party crowds. Councilman Kaull indicated her concern that the proposed ordinance was too extreme. Town Solicitor Michael Miller indicated that he had not reviewed the proposal since it was being submitted as a working paper. The Council will individually review the proposed ordinance and will probably conduct a workshop on the matter in two weeks.

With little acrimony or debate, the Council unanimously established a Senior Citizens Advisory Committee consisting of two Councilmen, five Senior Citizens, and two non-seniors. Charles P. LaMond and Lucy R. Levada were appointed as the non-seniors with Councilmen Andrade, Grimes, McLeish, and Sullivan voting for their nominations. On a unanimous vote, Councilman Kaull and Kehew were appointed as the Council representatives. Also on a unanimous vote Agnes S. Pimentel, Mary Reed, and John J. O'Malley were appointed. Also appointed were Kendall S. Osborne (Councilman Kehew not voting) and Mildred Guerrera (Councilman Kaull not voting).

The Council unanimously appointed Michael J. Phillips to the Conservation Commission after determining that he was a registered voter. The Council accepted Board of Tax Assessment Review resignations from Dorothy Carpenter, Vincent Arnold, and Diana Campagna thereby decimating that board and necessitating an urgent replacement to complete the backlog of work.

With Councilman Grimes stating that this is the first "opportunity to tap the President's Discretionary slush fund", the Council unanimously voted to expend $50 toward a trophy for the Sachuest Fishing Club Tournament in April.

The Council adjourned at 7:36 pm.

EDITORIAL

President Andrade stated that the financial "situation is now dire" and suggested that all nonessential spending be curtailed for the remainder of the fiscal year. Although a resolution was not adopted, each councilman expressed concern regarding the financial health of the Town and emphatically agreed that only necessary and essential spending occur.

It therefore seems incongruous that the Council could so matter-of-factly vote to spend $50 for a fishing trophy. There is no conceivable definition of "essential" which would include a $50 trophy. Either the Council has never heard of the expression "take care of the pennies and the dollars will take care of themselves" or fiscal responsibility is deemed to apply only to the Administration and does not apply to the Council.

BUDGET HEARING DATES

First Public Hearing Wednesday April 24

Second Public Hearing Monday April 29

Volume III-7 Published: 3/5/91

MIDDLETOWN TOWN COUNCIL MEETING 3/4/91

President George Andrade called the meeting to order at 7:36 pm. All councilmen were present. Along with 35 residents, there were 15 Girl Scouts in attendance. After the roll call, the Girl Scouts presented the colors and led the audience in a Pledge of Allegiance. President Andrade thereupon presented a Proclamation declaring March 9-16, 1991 as Girl Scout Week in the Town of Middletown. The Scouts in turn presented each councilman with a box of cookies. Additionally, the Scouts gave cookies to the Library staff in thanks for the Right to Read Program. A moment of silence for the troops in the Persian Gulf was then conducted before business began.

The minutes from the last meeting provided the opportunity for Councilman Arlene Kaull to engage in partisan dialogue. Apparently the Republican Party has not submitted a list of candidates for the Board of Tax Assessment Review since its chairman and treasurer have been out of town. Councilman Kaull reminded the Republicans that, during the campaign, they had stated the need for urgency in reviewing the assessments. Now that the Board has been decimated by resignations [Middletown Newsletter III-6], Councilman Kaull criticized the Republicans for not helping to expedite the replacements. The remaining items of the Consent Calendar were adopted without discussion.

Town Administrator Michael Embury submitted his report recommending the establishment of a Municipal Court. Administrator Embury cited statistics for January/February 1991 whereby Middletown Police had written motor vehicle tickets resulting in nearly $27,000 of fines but only $2,000 was returned to Middletown from the court system. Extrapolating this violation rate throughout the year, the motor vehicular fines would amount to $161,000/year. Using a Municipal Court, Middletown would receive most of this money directly. With a twice-a-month court session and the need to pay only a judge and bailiff, the Municipal Court would be "cost effective". Although the Council was receptive to the idea and unanimously voted to ask the State Representatives to pass enabling legislation, the Council was concerned about making this a revenue gathering process whereby the police would be extra zealous in dispensing tickets. Councilman Kaull also didn't want "residents calling [her] to fix a ticket" since the Council would be appointing the judge and therefore have added influence.

Since the State is in a fiscal mess and state revenues are mostly unknown, this year's budgeting process is going to be chaotic. Administrator Embury suggested that the Council might seek legislation to reduced notification deadlines from 10 days to 2 days but the Council rejected the idea because it might be perceived as "sneaking something through in the last minutes". During this discussion, it was noted that the Council need not comply with a 45 day (prior to July 1st) Charter requirement for the adoption of the budget. It was stated that the Charter provides for Town operations without an adopted budget and thus the early warning shot has been fired and Middletown taxpayers should expect that the budget will not be adopted until July, August, or September.

Robert Helmbrecht was unanimously appointed as the Director of Parks & Recreation, but not before considerable discussion. Councilman Kaull led the criticism of the Administrator for appointing Mr. Helmbrecht in November and waiting until March before seeking Council confirmation. Councilman Kaull, Kehew, Kirby and Sullivan were also upset that the appointment had been made without advertising the position. Administrator Embury explained the urgency in the appointment, the qualifications of Mr. Helmbrecht, and the precedence for appointments without advertisements. Town Solicitor Michael Miller cited the Town Charter which gives the appointment power to the Administrator and does not require advertisement; however, the Council remained upset that a Town position could be filled without advertisement of the position. Administrator Embury ended the harangue by stating that all future positions will be advertised.

Acting upon the written report from the Beach Advisory Subcommittee, the Council unanimously voted to expend $21,000 from the Beach Surplus Account to purchase mechanical equipment and signs to improve the beach operations. In a major understatement, Councilman Robert Sullivan stated that "the beach operation was probably not the best for parking fee collection." Consultant Jack Booth, answering a number of Council questions, indicated that previous mechanical equipment did not solve the problem because of "human circumvention". The bottom line of the new system, according to Councilman Sullivan, is that "we will see greater accountability."

With Councilman Michael Kehew objecting, the Council voted to adjust and limit the terms of the Senior Citizens Advisory Committee [Middletown Newsletter III-6]. The terms of Council representatives (Councilman Kaull and Kehew) will be limited to the next election. The terms of Charles P. LaMond and Lucy R. Levada were limited to one year. Agnes S. Pimentel, Mary Reed, and Mildred Guerrera were limited to three years, whereas John J. O'Malley and Kendall S. Osborne were limited to two years. It was decided that the expiration date for term will be in the month of January. Councilman Kehew objected to these term limitation preferring to have the terms of three members expiring each year. Additionally, Councilman Kehew made the radical suggestion that the Council representatives, in the near future, be removed from the Committee leaving only Senior Citizens on the board - this suggestion was not acted upon.

The Council established dates and times for a number of meetings and workshops:

Traffic & Safety Workshop 7:00 pm Wednesday, March 27

Noise Ordinance 7:00 pm Wednesday, March 27

Economic Advisory 6:00 pm Monday, March 11

Budget Presentation 6:30 pm Monday, April 1

The Council recessed at 10:05 pm in order to hold a closed-door Executive Session to discuss "pending litigation".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened from the Executive Session: (1) voted to authorize the Solicitor to enter into a settlement of the suit with JAM Construction (2) voted to hire the services of an outside attorney to represent the Town in an unnamed matter in District Court (3) voted to seal the minutes of the Executive Session and (4) adjourned.

CORRECTION

The Middletown Newsletter III-6 erroneously reported that the Council adjourned at 7:36 pm on February 20th. The correct adjournment time was 8:36 pm.

BUDGET HEARING DATES

Budget Presentation Monday April 1, 6:30 pm

First Public Hearing Wednesday April 24

Second Public Hearing Monday April 29

Volume III-8 Published: 3/19/91

MIDDLETOWN TOWN COUNCIL MEETING 3/18/91

President George Andrade called the meeting to order at 7:35 pm. All councilmen were present, and twenty residents were in attendance.

Acting upon a School Committee recommendation, the Council agreed to allow the New School to remain at the Forest Avenue School through the completion of the 1991-1992 school year (June 1992).

Fire Chief Ardito submitted a proposed Fire Alarm Ordinance wherein each automatic fire alarm system, commercial or residential, will be required to be registered with the Fire Department and a $50 permit fee will be charged. Residential fire/smoke detector systems which have no outside alarms/signals will not require registration nor fee. When asked why the permit fee, Chief Ardito answered "to bring more money into the Town coffers". Town Administrator Michael Embury quickly added that the fee would be used to offset the Town's cost to inspect each system. Although this ordinance may be a money maker for the Town, the primary reason for its initiation involves the high false alarm rates of some of the existing systems in the Town (one system had over 200 false alarms last year). These false calls not only result in needless trips by the Fire Department, but they potentially put the firefighters and residents at risk. The proposed ordinance includes financial penalties for excessive false alarms and a provision to revoke the permit if the defective system is not corrected. Councilman Robert Sullivan asked for a tabulation of the false alarms. Administrator Embury indicated that the list will be provided at the next meeting. The Council unanimously referred the matter to the Town Solicitor for preparation of the final ordinance.

Residents of the Renfrew Park neighborhood petitioned the Town to install a sewer line to replace the existing private sewer line which is failing and causing many backups. Councilman Arlene Kaull questioned why the Town would replace a private sewer line rather than requiring the residents to replace the line themselves. Administrator Embury explained that the current line is both a health hazard (as sewer leeches into the ground) and a major expense to the Town. Since the pipe is obviously defective, ground water during heavy rains enters the broken pipe and thereupon into the Town system and eventually to the Newport treatment facility. Middletown is thus charged for treating this ground water as waste water. It is estimated that $20,000 was the cost from this broken pipe alone. Councilman Sullivan suggested that postponing any action on this matter would be unwise stating that "this is a Catch 22 situation, even though it is a private sewer, it does effect the Town." On a 6-1 vote with Councilman Sullivan opposed, the Council referred the matter to the Administrator and Solicitor for action with the stipulation that the matter be reviewed by the Sewer Advisory Committee.

Although the Republican Town Committee had recommended Dorothy Pettit to fill the partisan Republican seat on the Middletown Canvassing Authority, five names were sent in nomination by the Republicans. Councilman Michael Kehew explained that a "little known" and seldom used law requires five nominations for this position and if the Republicans had offered only one, the President of the Council could nominate any other four names he chose as long as they were registered Republicans. To prevent any such shenanigans, the Republicans submitted five names. President Andrade denied that he would ever take such action. The Council unanimously appointed Dorothy Pettit.

The appointments to the Middletown Tax Assessment Review Board continued to provide partisan bickering. Councilman Kehew introduced the idea of refusing to accept the resignation of Diana Campagna since he hadn't seen a letter of resignation and since she is a superbly qualified individual for the board. The Clerk suggested that a letter of resignation is not a requirement to resign and Assistant Solicitor Peter Regan stated that the Council probably has the right to refuse a resignation if it chose. The debate then centered upon when Diana Campagna would be returning from Florida and why the Republicans had made an issue of urgency during the campaign. [Editor's note: I presume that Diana Campagna's winter vacation was made an issue by the Republicans prompting her to resign] Councilman Kehew, denying that any partisanship was being played here stated "I'm being anti-partisan". Councilman Kehew thereupon suggested that the "timing is critical and we have three names [in nomination]". The Council thereupon unanimously appointed Audrey Rearick, Emma Coupal, and Ronald Goldstone. The latter being the Republican nomination and the other two being Democratic nominations.

The Council adjourned at 8:37 pm.

BUDGET HEARING DATES

Budget Presentation Monday April 1, 6:30 pm

First Public Hearing Wednesday April 24

Second Public Hearing Monday April 29

Volume III-9 Published: 4/2/91

SPECIAL MEETING 4/1/91

President George Andrade called to order the special meeting for budget introduction at 6:40 pm. All councilmen were present, and twenty-five residents were in attendance.

Town Administrator Michael Embury presented three options for next year's budget. Option #1 (restricted to the state mandated 5 1/2% increase) would result in a tax rate of $11.50/thousand (70¢ increase) and would diminish Town services as 8 full-time and 2 part-time employees would be laid off. Option #2 (less stringent and not meeting the 5 1/2% cap) would result in a tax rate of $12.00/thousand ($1.20 increase) and would diminish Town services as 8 full-time and 2 part-time employees would also be laid off. Option #3 (providing all of last year's Town services) would result in a tax rate of $12.65/thousand ($1.85 increase) and would reduce Town employees by 2 full-time and 2 part-time. Option #3 is the only option which provides the full amount requested by the School Department. It was noted by Administrator Embury that Option #3 is double the total budget of nine years ago. Administrator Embury explained that reduced state funding is the primary cause of the financial difficulties since the reduced school aid alone will amount to approximately 79¢ on the tax rate.

The Council thereupon established dates, places, and times for budget workshops and Public Hearings (see list at end of newsletter). Administrator Embury then introduced the final bomb shell stating that $2 million in tax anticipation notes will have to be borrowed to cover the deficiency of third quarter and fourth quarter tax payments. Administrator Embury, stating that "we are not alone", indicated that eight other communities are also borrowing tax anticipation notes. A resolution requesting these tax anticipation notes will be presented to the Council at the April 15th Council meeting. The Council adjourned the special meeting at 7:29 pm.

MIDDLETOWN TOWN COUNCIL MEETING 4/1/91

President George Andrade convened the regular meeting at 7:38 pm. All councilmen were present, and twenty-five residents were in attendance.

Acting as a Board of License Commission the Council unanimously awarded a Class D Full Alcohol Beverage license to The North End Club of Newport (Councilman Scott McLeish abstained). The Council also unanimously ordered advertised a Class BT license for Savi International Corporation at 425 East Main Road (Town Solicitor Michael Miller and Councilman Matthew Kirby abstained).

Four of the twelve items on the Consent Calendar received the scrutiny of Councilman Arlene Kaull. After Administrator Embury answered her questions, the Council unanimously received and accepted the Consent Calendar.

The Public Hearing of a zoning change for the Aquidneck Industrial Park to a Municipal Industrial Park (MIP) zone was conducted with little discussion and with no residents desiring to speak. The Council amended the ordinance to include the Planning Board suggestion allowing General Professional Offices in the zone. The Council unanimously received the petition on its first reading and will adopt the ordinance after its second reading at the next Council meeting.

Town Planner Charles Silvia taking the first step in applying for a Small Cities Community Development Block Grant spoke before the Council. Last year the Town received $180,000 (maximum $375,000) which was primarily spent by the Church Community Housing Corporation for low and moderate income families. This year similar monies will be applied for as well as monies for the Woman Resource Center. The Council unanimously directed Planner Silvia to prepare the grant application.

The entire Sewer Advisory Board submitted resignations prompting the Council to inquire if their was animosity between the administration and the board. Administrator Embury denied any animosity existed and suggested that the board may be upset because of an insufficient work load. Explaining the reduced work for the board, Administrator Embury stated that (1) there is less development in the Town and (2) the Public Works Director is performing more of the work as required by the Sewer Ordinance. At the suggestion of the Administrator, the Council refused to accept the resignations and tabled the matter. Councilman Kaull suggested that a letter be sent to the board explaining that their services are still required.

An appointment to the Zoning Board of Review and the appointment of two alternates provided the opportunity for considerable partisan bickering. Albert A. Nannini, desiring to be reappointed to the board, was nominated by Councilman Kehew after Councilman Kaull had nominated Joseph D. Sandonato for the seat. Councilman Kehew suggested that since Mr. Nannini was seeking reappointment, his vote should be taken first. However President Andrade would not break with tradition and the first nominated (Mr. Sandonato) was appointed by a 6-1 vote (Councilman Kehew opposed). For the First Alternate seat, Councilman Robert Sullivan nominated Charles Almeida, Jr. (a late applicant) and Councilman Kehew nominated Marie Mulligan. Mr. Almeida was appointed on a 6-1 vote with Councilman Kehew opposed. Then the Democrats decided to nominate Albert A. Nannini for the Second Alternate seat. Councilman Kehew protested, stating that Mr. Nannini had expressly told him that he did not want an alternate seat. Councilman Kehew then nominated Marie Mulligan for this seat. The Democrats, declaring that written notice of Mr. Nannini's intentions were not on file, then proceeded to appoint him to the Second Alternate seat on a 6-1 vote (Councilman Kehew opposed.)

The Council adjourned at 8:42 pm.

EDITORIAL

Did the Democrats appoint Mr. Nannini to the Second Alternate seat on the Zoning Board of Review because they couldn't find a willing Democrat? Will Mr. Nannini refuse to accept the appointment as Councilman Kehew says he will? If so, when the position is readvertized will the Democrats find a willing candidate or will they appoint a Republican again? Stay tuned for further developments.

BUDGET HEARING DATES

School & Library Workshop Wednesday April 10 7:00pm Town Hall

Civic Support Workshop Thursday April 11 7:00pm Town Hall

Police, Fire, & Public Works Wednesday April 17 7:00pm Town Hall

Town Hall & Parks/Recreation Thursday April 18 7:00pm Town Hall

First Public Hearing Wednesday April 24 7:30pm Gaudette

Second Public Hearing Tuesday May 7 7:30pm Gaudette

Volume III-10 Published: 4/16/91

MIDDLETOWN TOWN COUNCIL MEETING 4/15/91

President George Andrade called the meeting to order at 7:32 pm. Councilman Michael Kehew was absent at roll call but arrived shortly thereafter. Twenty-five residents were in attendance.

Acting as a Board of License Commission the Council unanimously awarded a Class F-1, 19 hour license to the All-Vets Club, Inc. to hold a picnic/barbecue fundraiser for Lucy's Hearth. Later in the evening under suspension of the rules, the Council unanimously awarded a F-1, 19 hour license to Literacy Volunteers of America to hold a Murder Mystery fundraiser on May 4th at 455 Tuckerman Avenue. The Council also ordered advertised an upgrade of a BL to a BV license for the SeaShai Restaurant at 747 Aquidneck Avenue.

Four of the twelve items on the Consent Calendar received special attention with the remainder being received without discussion. Councilman Arlene Kaull questioned the status of Paradise Park since the Department of Environmental Management has apparently agreed to the construction plans. Town Administrator Michael Embury explained that the Solicitor and the Attorney General are engaged in talks to clarify the deed restrictions after which a Council workshop will be scheduled to determine future work on the project. Councilman Kehew, addressing the minutes of the last meeting, suggested that the appointment of Albert A. Nannini as the Second Alternate to the Zoning Board should not have occurred (Middletown Newsletter III-9). Since the issue was on the regular docket in the form of a letter from Mr. Nannini, discussion was postponed until later in the meeting.

Town Planner Charles Silvia explained an eight item proposal for a Small Cities Community Development Block Grant in the amount of $367,070. Projects are included to assist Project Headstart, Middletown Senior Citizens Center, Boy's and Girl's Club of Newport, Women's Resource Center, and the Church Community Housing Corporation. The Council unanimously authorized the submission of the proposal to the state.

The Council received a letter from William Stratford, Chairman of Middletown Planning Board outlining a frustration whereby it appears that Middletown is being asked to protect the watersheds with little cooperation from the City of Newport and the Newport Water Department. He suggests that the Newport Water Department should spend monies to (1) clean and maintain Bailey Brook and the Maidford River and (2) purchase lands abutting these watersheds to prevent future pollution. The Council decided to refer Mr. Stratford's letter to the Newport Water Department. The matter will be on the docket of the next meeting so that the Council can vote to support Mr. Stratford's suggestions. Additionally, the Council suggested a joint workshop with Newport to include both Councils, both Planning Boards, both Conservation Commissions, and the Water Department.

Receiving a letter from Albert Nannini indicating his refusal to accept the Second Alternate position on the Zoning Board, the Council had to again wrestle with an appointment to this position. Councilman Kehew, stating that "we should not have nominated Mr. Nannini in the first place", suggested that the Council vote on the second name introduced at the last meeting. President Andrade, declining to readvertise the position, ordered that names again be placed in nomination for the position. Councilman Peter Grimes nominated Aldo Marzetta (an original applicant who had not been nominated at the last meeting) and Councilman Kehew again nominated Marie Mulligan. The issue was resolved without further bickering as Aldo Marzetta was appointed with affirmative votes from Councilmen Andrade, Grimes, Kaull, and McLeish.

Administrator Embury explained the need to borrow $1,066,588 in anticipation of State Aid for Education which is being postponed in order to balance the State's books. The amount is exactly equal to the May & June state payments which should be reimbursed after July 1st. Administrator Embury explained that the state will not only reimburse the principal amount but will also pay interest charges and administrative costs. Actually, since interest will accrue prior to paying bills, the Town should be able to make a small profit when the state eventually reimburses all monies in July. The Council unanimously authorized borrowing the $1,066,588.

Administrator Embury then explained that it is likely that the Town will be required to borrow Tax Anticipation Notes to cover payroll expenses during the summer months. This situation is similar to last year and is caused by a deficiency in tax collections and is separate and distinct from the above State Aid revenue problem. Although no Council action is needed at this time, the Administrator was alerting the Council to this financial problem and will have a request for Council action at the May 20th Council Meeting. During discussion of these fiscal woes, it was noted that the Derector Shipyard owes the Town in excess of $215,000 for payments in lieu of taxes. Administrator Embury explained that the Town does not "have tax sale powers" over this State property and thus we have little control over the situation although a court suit is being considered.

The Council adjourned at 9:01 pm.

BUDGET HEARING DATES (NOTE CHANGES)

Police, Fire, & Public Works Wednesday April 17 7:00 pm Town Hall

Town Hall/Admin./Library Thursday April 18 7:00 pm Town Hall

First Public Hearing Tuesday May 7 7:30 pm Gaudette

Second Public Hearing Monday May 13 7:30 pm Gaudette

Volume III-11 Published: 5/7/91

MIDDLETOWN TOWN COUNCIL MEETING 5/6/91

President George Andrade called the meeting to order at 7:33 pm. All councilmen were present, and thirty residents were in attendance.

Acting as a Board of License Commission the Council conducted two public hearings and ordered advertised hearings for the transfer of two other licenses. SAVI International Corporation requested a new BT liquor license for use at the Royal Plaza Inn on East Main Road. The license would enable the hotel to become a "full service hotel" by opening a 45-seat restaurant on the premises. Four abutters spoke in opposition to the license citing the testimony offered by SAVI International to the Zoning Board that no restaurant nor lounge would be constructed on the site. The abutters also voiced concern over the potential noise from amplified music. In the end the Council unanimously granted the BT license. No objections were raised at the other public hearing and the Council unanimously upgraded the SeaShai Restaurant license from BL to BV.

Four of the twenty-three items on the Consent Calendar received special attention with the remainder being received without discussion. Councilman Arlene Kaull questioned the minutes of the previous meeting asking for an update of the Derecktor Shipyard situation. Town Administrator Michael Embury replied that nothing is owned out right by the shipyard and Middletown must therefore stand in line with the rest of the creditors with payment unlikely. Administrator Embury agreed to write yet another letter to the State asking for payment in lieu of taxes from the Department of Economic Development.

Attorney Robert Silva, representing Dunkin' Donuts, presented a rather lengthy and extensive case for a 2AM-6AM Victualling License for the newly constructed East Main Road establishment. The reason for the rather extensive presentation became apparent as six abutters and Attorney Ned Corcoran, representing some abutters, rose to speak in opposition to the license. Actually, the opposition centered primarily on the existence of the establishment abutting the residential neighborhood rather than the license itself. The property had been rezoned in 1985 by a previous Council (led by Ned Corcoran) which established this area as a Limited Business Zone. The Council was very divided on this issue, recognizing Dunkin' Donuts as a respected business establishment in the Town while simultaneously wanting to help the residents from encroachment of businesses into the neighborhood. In the end, the Victualling License was denied on a 4-3 vote (Councilmen Andrade, Grimes, Kaull, and Kirby voting to deny).

Administrator Embury requested that the annual audit be conducted by Kieliszak, Eggert & Company for the next three years citing the $15,400 annual fee as a very competitive price and the previous work by this company as excellent. Councilman Kaull objected to locking the contract in for three years preferring to check the performance of the company yearly. The contract was awarded on a 6-1 vote with Councilman Kaull opposed.

In an amazing lack of partisanship, Diana Campagna was appointed unanimously to the Board of Tax Assessment Review (Middletown Newsletters III-6 and III-8). This appointment occurred as no other names were offered in nomination, although the Republican Town Committee had submitted a list of three names.

The Council unanimously donated $100 from the President's Discretionary fund to the Middletown High School Post-Proms '91 activities.

Administrator Embury addressed the Council on three items. He stated that the State Aide Anticipation Notes had been acquired without a hitch and the money is in the Town coffers as of May 1st. He explained a computer "round off error" which created mistakes in the budget documentation - pages 3, 4, 5 & 24 have been corrected. Finally, Administrator Embury related his presentation to the Legislature regarding Middletown's proposal for a Municipal Court indicating skepticism that it will become law. Representative Bruce Long also spoke indicating a bit more optimism that the Municipal Court might be allowed. The Council decided to write and call our state representatives, especially Representative Chris Boyle, in order to press the issue forward.

The Council recessed at 10:27 pm in order to hold a closed-door Executive Session to discuss "collective bargaining and pending litigation".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened from the Executive Session: (1) Approved a draft consent judgement and authorized Town official signatures, (2) Took no action regarding the collective bargaining issue, (3) voted to seal the minutes of the Executive Session and (4) adjourned. At no time did the Council announce or indicate the subject of the "collective bargaining nor the pending litigation."

EDITORIAL

Something totally unrelated to partisan politics reared its ugly head very tentatively during this Council meeting. Comments by councilmen and residents were uttered which indicated a bigotry seldom voiced but often hinted when our Town is referred to as a "white collar bedroom community". During the public hearing for a 2AM-6AM license for Dunkin' Donuts, it was suggested that the patrons of this establishment are not of the same ilk as the patrons of the nearby Coffee Roaster. Also, the "transient tenants" residing adjacent to the West Main Road Dunkin' Donuts are somehow less important as the "settled homeowners" abutting the East Main Road Dunkin' Donuts. These comments demonstrate an ugly form of snobbery that obviously festers just below the level of civility that passes as Middletown society. It must not be condoned and must be quickly beaten back into the dark corners when it sees the light of day. Enough said.

BUDGET HEARING DATES (NOTE CHANGES AGAIN)

First Public Hearing Monday May 13 7:00 pm Gaudette

Second Public Hearing Wednesday May 22 7:00 pm Gaudette

Volume III-12 Published: 5/23/91

1991-92 BUDGET FIRST PUBLIC HEARING 5/13/91

President George Andrade called the meeting to order at 7:03 pm in the cafeteria of Gaudet School. All councilmen were present and 70 residents were in attendance. The meeting was divided into four segments, the School Budget, Town Budget, Parks & Recreation Budget, and Sewer Budget.

The School Budget received the most attention as seventeen residents spoke for an hour and forty minutes expressing their concerns and opinions. Eleven residents spoke against the School Department's requested budget with most asking the teachers to forgo a portion of their salary increase and asking the Council to hold the taxes down in these troubled economic times. Five residents spoke in defense and support of the educational budget and the work done by the teachers.

The Town Budget received little attention as only three residents expressed comments and opinions. The Parks & Recreation Budget received more attention as six residents spoke, including ex-Finance Director Mary Santos who engaged Town Administrator Michael Embury in a dialogue over the beach management and in particular the mechanical equipment for monitoring parking fee collections. No one spoke addressing the Sewer Budget.

The Council adjourned at 9:30 pm.

MIDDLETOWN TOWN COUNCIL MEETING 5/20/91

President George Andrade called the meeting to order at 7:25 pm. All councilmen were present. In attendance were six residents, two reporters, one lawyer, and one client.

Acting as a Board of License Commission the Council ordered advertised a hearing for the transfer of another license. The Council, acting upon the suggestion of the Administrator, decided to increase all fees for liquor licenses to the maximum allowed by state law. An ordinance to that effect will be drafted and voted on in a subsequent meeting.

The nine item consent calendar was approved with scant attention. President Andrade did inquire as to the financial status of the library and the overall financial health of the Town. Administrator Michael Embury responded that the library is having financial difficulties as revenues from fines and copy machine usage has declined. As for the Town as a whole, Administrator Embury expressed concerns over the typical end-of-year educational expenses and employee benefits. Administrator Embury summarized by stating that he is "hoping for a small surplus (at the end of the year), but it is very, very tight at the moment".

Upon receiving a letter from Paul Parsonage expressing concern over environmental damage to the dunes at the beaches, Administrator Embury explained that he has had discussions with CMRC on the matter. Placing seaweed on the dunes and some snow fence placement has been disallowed by the CMRC board. Councilman Robert Sullivan suggested that the Beach Advisory Committee's efforts have been directed toward solving "last year's problem" but now that that seems to be under control, the Committee will take a look at dune management as the primary effort for this year.

A live entertainment Amusement License was granted unanimously to SAVI International Corporation for use at the Royal Plaza Inn. The petitioner stated that the license was for a piano player and singer and the only electronic amplification would be a "very baritone voice amplification."

The Council adjourned at 7:40 pm.

1991-92 BUDGET SECOND PUBLIC HEARING 5/22/91

President George Andrade called the meeting to order at 7:02 pm in the cafeteria of Gaudet School. All councilmen were present and 40 residents were in attendance.

The School Budget again received the most attention as seventeen residents (mostly the same as the first meeting) spoke for an hour and forty-five minutes expressing their concerns and opinions. Nine residents spoke against the School Departments requested budget instead suggesting that it be limited to a 5.5% increase. Six residents spoke in defense and support of the educational budget including the husband of a Middletown school teacher who cited the great work and sacrifice of teachers.

Nine residents addressed the Town Budget with Hollie Delaney introducing an 869 signature petition requesting the Council to hold the budget to the 5.5% cap. Only one resident addressed the Parks & Recreation Budget, specifically the Senior Citizens Center and the lack of an itemized line-by-line budget for this item. No one spoke addressing the Sewer Budget.

The Council adjourned at 9:36 pm.

Volume III-13 Published: 6/4/91

MIDDLETOWN TOWN COUNCIL MEETING 6/3/91

President George Andrade called the meeting to order at precisely 7:30 pm even though the wall clock was twelve minutes slow. Councilman Scott McLeish was absent at roll call but arrived before any business was conducted. Twelve residents were in attendance.

Acting as a Board of License Commission the Council unanimously approved two license transfers for new businesses operating at the same locations: Marriott Family Restaurants, Inc. to ELXSI and Spanky's, Inc. to 7 Seas Restaurant, Inc. The latter transfer is subject to the condition that two bills be paid before the license will be issued. The Council ordered advertised a public hearing for the expansion of the license of Sandor, Inc. to include an outdoor patio. By a unanimous vote, the Council took the first step in raising the liquor license fees to the state authorized limit by receiving an ordinance on its first reading. At the next meeting the Council will accept the ordinance on its second reading thereby enacting the new fees.

Four of the eight item consent calendar received scrutiny from individual councilmen. Councilman Arlene Kaull inquired as to the status of the requested meeting with Newport officials regarding the Bailey Brook watershed protection. Town Administrator Michael Embury replied that Newport had responded to the request agreeing to the meeting but postponing the date until after the budget hearings and finalization. Councilman Kaull inquired as to the large number of tax abatements granted by the Tax Assessment Review Board specifically for the Indian Avenue neighborhood. Administrator Embury stated that this is not indicative of a poor performance by the reevaluation company and further stated that some of the taxpayers who received tax abatements have not withdrawn their lawsuits.

Among the consent calendar items was a request from the City of Pawtucket for support of a resolution asking the state to assume total responsibility for funding and administrating local Special Education and Limited English Proficiency programs. Councilman Peter Grimes stated that he "likes the resolution", moved to refer the letter to the School Committee, and directed the Clerk to prepare a Middletown resolution expressing the same sentiments. Councilman Michael Kehew stating that his "position is similar to the Pawtucket resolution" further suggested that a lawsuit against the state to force full funding of Special Education should be considered. The Council unanimously adopted Councilman Grimes' motions but took no action regarding Councilman Kehew's suggestion.

During a public hearing for a 2:00 am - 6:00 am Victualling House License for Howard Johnson's Restaurant, no one spoke in opposition. President Andrade inquired as to how many years this license has been in effect, receiving the reply "many years" from the Town Clerk. The Council unanimously granted this license. EDITOR'S NOTE: perhaps President Andrade's question was anticipating a question as to the difference of this license from the Dunkin' Donut request which was denied. [Middletown Newsletter III-11]

Another Victualling House License received considerable Council attention. Mark Young applied to sell chili dogs from a big green bus converted to a structure on 76 West Main Road (adjacent to Bove Chevrolet). Councilman McLeish opposed the application on the grounds that it was "not too conducive to the area". Councilman Kaull, although not meaning to "sound snobby", further elaborated the opposition as "concern about the abutters." Victualling House Licenses do not require notification to abutters and since the land is currently zoned allowing restaurants, Councilman Kaull was concerned that the residents were unaware of the license application and wanted to postpone the decision to allow neighborhood comment. Town Solicitor Michael Miller cautioned the Council against "treating this applicant different than any other" whereupon the Council granted the license on a 4-3 vote with Councilmen Kaull, Kehew, and McLeish opposed.

The Council granted a Peddler's License for Mr. Slush Frozen Lemonade but added a stipulation that the vehicle must carry "appropriate insurance". The Solicitor was directed to examine and define "appropriate" and report his finding to the Council. This new Council policy requiring vehicular insurance on all Peddler's Licenses will be included on licenses as renewals occur.

With Councilman Kaull opposed, the Council agreed to advertise for members to a steering committee to examine uses for Albro Woods. Councilman Kaull would prefer to "leave it alone" and questioned the appropriateness of developing another Open Space when the Paradise Park has not yet been completed. Councilman Peter Grimes indicated that the committee would not spend any money but would simply make recommendations to the Council.

With the docket completed, Councilman Kaull wanted to address correspondence that was included in the Council's folder but not included on the official docket. Against President Andrade's objection, Councilman Kaull thereupon questioned correspondence from the Fire and Police unions and a letter regarding the Derecktor Shipyard. Since these items of correspondence were not made available to the general public, a detail account of the problems and answers cannot be included herein.

The Council adjourned at 8:46 pm.

Volume III-14 Published: 6/18/91

MIDDLETOWN TOWN COUNCIL MEETING 6/17/91

President George Andrade called the meeting to order at 7:32 pm. All councilmen were present. Thirty residents were in attendance as was the School Committee, Superintendent, and Assistant Superintendent.

The Council unanimously adopted a Proclamation which President Andrade presented to Patrol Officer Michael Allen commending his work in the D.A.R.E. program. Officer Allen explained the program of drug education for fifth graders indicating his gratification for working with the children and the education which he, himself, has received.

Acting as a Board of License Commission the Council unanimously approved the license transfer of Charlie's Seafood for operation at the same location. By a unanimous vote, the Council took the final step in raising the liquor license fees to the state authorized limit by adopting an ordinance on its second reading. The Council, under suspension of the rules, accepted the surrender of the CMR, Inc. liquor license.

The Consent Calendar was received and accepted with no debate. Subsequently Councilman Michael Kehew raised the questioned whether mobile caterers will be required to have vehicular insurance as is the new Council policy regarding Peddler's Licenses. No action was taken in this regard as Town Solicitor Michael Miller suggested that the matter will soon become moot since the State has enacted compulsory insurance beginning in 1992.

The single most issue which received considerable attention and prompted the attendance of the School Department was the Forest Avenue School disposition. Town Administrator Michael Embury, in a written memorandum to the Council, announced that the New School was vacating the Forest Avenue School and that the facility should be transferred to the School Department in preparation for use in the upcoming school year (September 1991). Administrator Embury also suggested methods of financing $164,029.63 which is owed the New School for termination of the lease. Mary Laverty suggested that the money should be taken from the School Department's budget since over $200K is listed as carryover revenue. Manuel Mello, Jr. urged the Council to reconsider deep cuts in the School budget since monies will now be needed to fix and operate the Forest Avenue School. Ronald Santa suggested that the New School had acted in bad faith and violated the terms of the lease agreement and therefore the Town should not reimburse any money to the New School and that the New School should be compelled to pay rental fees up to the extension date of June 1992.

School Committee Chairman Patricia Pine then presented an itemized budget indicating the additional expense required to place the Forest Avenue School in operation by September 1991. Chairman Pine indicated that $344,000 would be needed to repurchase and rehabilitate the facility and an additional $310,000 would be needed to operate the facility during the next school year. The Council then queried Chairman Pine regarding the costs involved with Councilman Kehew being the most vociferous in opposition to this large amount. Councilman Kehew suggested that the $164K repurchase fee could be taken out of this year's school budget and that the $90,000 roof repair could be reduced to a lesser patching operation. Administrator Embury suggested that the rehabilitation, rather than being done as a single lump sum payment, could possibly be transacted as a lease/purchase arrangement and therefore spread the cost over the next five years. Solicitor Miller was directed to examine the legal obligation of the Town regarding the lease and the implication of asbestos not being removed as per the agreement. In the end, the Council decided to continue this matter, combining it with the agenda of Wednesday night's special meeting, cancelling Wednesday's meeting, and deciding the matter in a special meeting on Monday, June 24th at 7:00 pm.

The Council established June 26th at 12:00 pm as the time for dedication ceremonies for Howland Park. The members of the two previous Councils will be invited to attend as will other interested parties.

Councilman Peter Grimes nominated Elrony Williams for reappointment to the Middletown Personnel Review Board. As no other nominations were offered, Mr. Williams was unanimously reappointed.

Under suspension of the rules with no public debate nor scrutiny, the Council accepted the Senior Citizens Bylaws proposed by the Senior Citizen Advisory Committee and agreed to hold a workshop on the matter sometime after the budget hearings.

The Council adjourned at 9:16 pm.

EDITORIAL

The tenant for the last five years in the Forest Avenue School has been the New School operating under a lease agreement requiring payment of $30,000/year. In June 1990, the Town informed the New School that the facility was needed to alleviate the crowded conditions in the Public School system and that the New School would have to vacate in eighteen months (January 1992) as required by the lease arrangement. The New School requested an extension to June 1992 in order to alleviate the disruption of a school year and the Council acceded to this request. As late as May 22nd of this year, during the second public hearing on next year's budget, Town officials were laboring under the impression that the New School would be using the Forest Avenue School until June 1992. Therefore neither the Council nor the School Committee was considering finances for the Forest Avenue School (neither operation nor reclamation costs).

In a horrendous show of bad faith, the New School has suddenly decided to vacate the Forest Avenue School and will begin offering classes at the Portsmouth Coggeshall School in September 1991. Meanwhile Town Officials seem prepared to allow the New School to create a financial turmoil for the Town without penalizing the New School for the trouble it has caused. Not only is the Town prepared to reimburse the New School for renovations made (as per the lease agreement) but the Town does not seem willing to collect rent due but merely to accept final payment from the New School as per June 1991.

If the mere act of hasty departure without timely notice is not sufficient example of bad faith by the tenant, perhaps the failure to complete renovations stated to have been completed is a gross violation of the lease contract. Mr. Coogan, the School Department's plant engineer, stated that he has recently been inside the Forest Avenue School and has observed asbestos which will have to be removed before the school can be put back into service as a Public School. Yet the lease agreement specifically outlines renovations which were to be made before the New School was to become a tenant five years ago. Asbestos removal was clearly stated as a required renovation and the New School in presentation to the Council voiced a willingness to do this since they did not want their children residing in an asbestos environment anyway. [Editor's Note: I am certain of the asbestos removal requirement since I specifically requested that it be made a mandatory requirement. Additionally, if memory serves, the New School submitted receipts by a company which supposedly removed the asbestos to the Council at a regular Council Meeting.]

Therefore, if Mr. Coogan is correct and asbestos remains within the building, the Town should neither have to pay to have it removed NOR reimburse the New School for previous renovations to remove it.

Volume III-15 Published: 7/16/91

MIDDLETOWN TOWN COUNCIL MEETING 7/15/91

President George Andrade called the meeting to order at 7:35 pm. All councilmen were present. A standing-room-only crowd of one hundred resident was on hand at the start of the meeting and it swelled to 150 residents by 7:45 pm lining all three walls of the Council chambers.

Acting as a Board of License Commission the Council unanimously approved the expansion of Sandor, Inc.'s license to include an outdoor patio. Ironically, the primary hesitation by the Council was the seating capacity of the patio and its conformity to fire safety regulations - these comments being raised as the Council chambers were clearly bulging at the seams and could not itself pass fire safety regulations. The Council directed the Solicitor to prepare a Show Cause Hearing for Belco, Inc. (probably August 19th) contending that the establishment served liquor without holding a license. The Council ordered advertised the applications for two new licenses and the transfer of another.

Four of the fourteen items on the Consent Calendar received Council attention and comment. Although some support for regionalization existed, Newport's request to support the Governor's educational regionalization plan was denied. Upon President Andrade's suggestion, the Town Clerk was directed to draft a resolution for the next meeting which would indicate opposition to state cuts in RIPTA service. Councilman Scott McLeish raised the questioned whether mobile caterers will be required to have vehicular insurance but again no action was taken in this regard.

The issue which commanded the large audience was the Department of Transportation letter requesting Middletown's endorsement of a study for an Island Parkway. Twenty-two people spoke in opposition to the highway and urged the Council to reject the study instead suggesting that mass transit be the preferred alternative. Included among the speakers were nine Middletown residents and representatives from the following organizations: DOT Watch, Sierra Club, Save The Bay, RI Lung Association, Audubon Society, Old Colony Railroad, Concerned Island Residents of Jamestown, and Ecology Action of RI. The environmental groups urged the Council to "think globally and act locally" and suggested that "once the genie is let out of the bottle it is difficult to put back in." Explaining the animosity toward DOT, speakers stated that "like sharks live to eat and kill, the DOT lives to pave Rhode Island" and "we've paved and asphalted enough of Middletown already." Stating that this is the "most important decision you will make for Middletown", resident Bob Gentry urged the Council to say no. Audrey Rearick, member of the Middletown Conservation Commission, went further by asking the Council "Do you have the courage [to say no]?"

The Council did indeed have the "intestinal fortitude" to say no and did so unanimously. President Andrade and Councilman Arlene Kaull indicated that they voted no four years ago and had intended to vote no again. Councilman Peter Grimes and Michael Kehew both indicated that they had been swayed by the citizen input since they had been prepared to vote in favor of the proposal. The Council decided to inform DOT of its opposition to the highway instead suggesting to DOT that a "multimodal" [mass transit] study be performed. Additionally the Council asked DOT to investigate an upgrade to West Main Road. The Council thereupon took a five minute recess at 9:50 pm. Thirty-five residents remained after the recess.

Unanimously adopting a resolution to establish a tax levy of $16,607,573, the Council set the tax rate at $12.00 amounting to an increase of $1.20 or 10.17%. Mary Laverty and Hollie Delaney spoke in opposition to this pro forma act. Mary Laverty again insisted that the Council is acting illegally. Hollie Delaney chastised the Council for ignoring the 800 signature petition she had submitted. Councilman Kaull and Town Administrator Michael Embury had some terse words regarding a finance clerk that the Council voted to include in the budget and the transfer of this clerk to the tax assessor department.

Acting upon the recommendations of Administrator Embury, the Council unanimously voted to open a six foot right-of-way path to "Pebbly Beach" off Indian Avenue. This right-of-way has recently been confirmed and a survey of the land is now in progress. It appears that neighbors may be encroaching and a nursery may actually be planting upon this Town land. After the survey is completed, the Town will recover the full width of the right-of-way and notify abutters who may be currently encroaching on the land.

Ex-Councilman Richard Updegrove spoke in support of a newly drafted noise ordinance and urged the Council to "pass the ordinance with expediency" since he is a "victim of noise pollution" caused by a neighbor with two motorcycles. The Council received the ordinance on its first reading and will probably enact the ordinance at its next meeting. In a separate but related matter, Mr. Updegrove spoke in opposition to an outdoor musical performance license for the Evangelical Friends Church citing the fact that the musical group had recently "caused problems in Portsmouth [loud music]." Since no one was in attendance from the church to answer Council questions, the matter was continued to a special meeting to be held at 12:00 pm on July 18th. The applicant will be invited to attend and answer questions at that time.

The hot dog vending license granted to Mark Young on June 3rd [Middletown Newsletter III-13] was revoked on a 6-1 vote with Councilman Grimes opposed. This action was taken after the Council received a letter from the attorney representing the property owner indicating that Mr. Young did not have a valid lease agreement. Mr. Young, representing himself, spoke and insisted that the lease was valid and the matter was being litigated. If Mr. Young is able to secure a valid lease agreement, he will be able to reapply for the license.

The Council unanimously reappointed Stanley Grossman and William Burns to three year terms on the Middletown Conservation Commission. The Council also unanimously appointed all four applicants to the Albro Woods Steering Committee: Stanley Grossman, Norman Hall, Paul Lamond, and Frank Lawrence.

The Council recessed at 11:55 pm in order to hold a closed-door Executive Session to discuss "pending litigation and collective bargaining".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened from the Executive Session: (1) voted to have the negotiating team seek arbitration for the Public Works Contract (2) directed the Solicitor to enter settlements in suits with Frank Pimento & Prospect Associates, (3) voted to approve the Administrator's recommendation to solve drainage problem on Lots 11 & 12 Plate 109 NE, (4) voted to seal the minutes of the Executive Session and (5) adjourned at 12:30 am.

Volume III-16 Published: 8/6/91

MIDDLETOWN TOWN COUNCIL MEETING 8/5/91

President George Andrade called the meeting to order at 7:31 pm. All councilmen were present and twenty-five residents were in attendance.

Acting as a Board of License Commission the Council unanimously granted two new liquor licenses and transferred another. With no one speaking at the public hearing not even the petitioner, a Class BL license was awarded to Jessica Suy Cheng Tiang. The petitioner for Woodhooker's Sports Tavern (named after Timmy the Woodhooker) presented his case for a new restaurant at 265 East Main Road and was awarded a Class BV license. The Class BL license of Pizza Hut was transferred back to the parent company. There now exists thirty-four Class B licenses in the Town with the current ceiling set at thirty-seven.

The six item consent calendar was adopted with few comments. Councilman Matthew Kirby questioned the status of the Show Cause Hearing for Belco Inc. and Town Solicitor Michael Miller explained that it had not yet been drafted but will be soon. Councilman Arleen Kaull inquired as to the Forest Avenue School rehabilitation and Town Administrator Michael Embury said that work has not yet begun but the contractor was expected to begin this week. Councilman Kaull inquired as to the status of Pebbles Beach and Administrator Embury replied that the survey map had just been completed and abutters will soon be notified.

The most contentious and divisive issue of the evening was a bond referendum for school rehabilitation and expansion. The issue was raised by two letters, one from School Committeeman Barbara VonVillas and the other from Councilman Michael Kehew. Committeeman VonVillas argued that the current arrangement of operating six elementary schools is inefficient and costly and therefore she was "asking for a bond in order to spend less money." Councilman Kehew, although not asking for a bond referendum directly, was asking to hold a workshop with the School Committee to discuss long range planning for school expansion. Mary Laverty (the only resident to speak on this issue) objected to another bond referendum restating that "we can't afford this .... and Barbara can go on dreaming and dreaming but we would need to win the lottery (to pay for it)." All the elected officials appear to understand that the Town is wasting money in an inefficient operation of six elementary schools; however, the Democrats expressed the view that the "timing is not right" for another bond issue. Councilman Kehew in exasperation queried whether "it is not right to save money now?" prompting Councilman Kaull to reflect that "nothing has changed in ten months (since the last voter rejection) and we can't keep beating a dead horse." Councilman Peter Grimes, while indicating support for school rehabilitation and expansion, stated that "it is not up to the Council to tell the School Committee how to do its job" and therefore was opposed to establishing a workshop. In the end, President Andrade invited Councilman Kehew to make a motion to which Councilman Kehew replied "no, I definitely do not want to make a motion." President Andrade then made a motion to send a letter to the School Committee respecting their recent vote on the issue (to take no action) and offering to sit and discuss with them whenever the School Committee wishes to do so. Councilman Kehew vigorously seconded this motion which passed unanimously. [Editor's Note: one wonders what the hullabaloo was all about in the first place since the status is unchanged - no bond referendum is planned nor any meetings established to plan one.]

Attorney Robert Silva, representing the concessionaire at Second Beach, requested the Council to approve a sublease agreement with Long Ade, Inc. to allow a Del's Lemonade stand located outside the concession stand. Councilman Kaull had reservations concerning the sublease preferring that the operation remain within the concession building rather than being a separate facility. Councilman Robert Sullivan shared this concern and was wary of a proliferation of numerous subleases all over the beach. The sublease agreement was approved by a 5-1 vote on the condition that this be the ONLY sublease located outside the concession stand. Councilman Sullivan was the sole negative vote and Councilman Kehew abstained.

Establishing penalties of $500 and/or 30 days in jail, the Council unanimously enacted a noise ordinance on its second reading. This ordinance is designed to provide a legal mechanism for the Police Department to control noisy parties, especially outdoor ones in the summertime. Also on its second reading, the Council unanimously adopted a Jukebox (and similar devices) Ordinance restricting use between 8:00am and 2:00am.

The Council unanimously received on its first reading, an ordinance requiring proper numbering of buildings in the Town - each homeowner will be required to properly display their house number so that emergency vehicles can locate the proper building. On a 6-1 vote with Councilman Kirby opposed, the Council received an ordinance requiring asphalt paving of newly constructed driveways on the portion of the driveway that extends on Town property (5-10 foot right of way).

Administrator Embury announced a voluntary recycling program beginning in the Town. A six door recycling trailer will be located at the transfer station and residents desiring to participate may do so. Each full trailer will cost $125 to transport and dump in Johnston; however, the Administrator does not anticipate any increase in the garbage disposal budget.

Solicitor Miller requested the appointment of Turner Scott and Jeremy Howe as Assistant Town Solicitors. Mary Laverty took the opportunity to raise the issue of the School Department having separate legal counsel with Solicitor Miller explaining that the School Department has that prerogative. Solicitor Miller indicated that his request for additional assistants will result in no increase in the Solicitor's Budget. With Councilman Kehew abstaining, the Council unanimously appointed the Assistant Solicitors and directed the Town Clerk to send a letter of appreciation to ex-Assistant Solicitor Joseph Going for his services.

The Council adjourned at 9:54 pm.

SPECIAL COUNCIL MEETINGS

Howland Park Dedication 12:00pm Wednesday August 14th

Senior Citizens Bylaws 6:00pm Monday August 19th

Accessory Apartment Zoning 6:00pm Tuesday September 17th

Volume III-17 Published: 9/4/91

MIDDLETOWN TOWN COUNCIL MEETING 9/4/91

President George Andrade called the meeting to order at 7:30 pm. Councilman Peter Grimes was understandably absent. A standing-room-only crowd of one hundred residents was in attendance including many politicians and ex-officeholders. NOTE: the August 19th meeting was cancelled as a result of Hurricane Bob.

This meeting was the most raucous and disruptive in modern history; however, the noise and furor was not coming from the dais but instead from the rudest and most immature audience ever to attend a public meeting. President Andrade deserves praise for his patience and his ability to maintain control of this mob without a riot ensuing. The primary focus of this crowd was the resignation of Councilman Grimes, the appointment of a replacement, and the nomination of a new Vice Chairman. Prior to the start of the meeting, residents were carrying signs and walking in the aisles arousing the crowd's applause. This demonstration and the signs were in support of the nomination of Councilman Arlene Kaull for the Vice Chairman position.

After receiving and accepting the resignation of Councilman Grimes, the Council proceeded to nominate a replacement. Councilman Kaull stated that "the last few days have been hectic with phone calls and jockeying for position .... and people being personally vindictive" and then proceeded to nominate Dennis Klodner as the eighth highest vote getter in the last election, while suggesting that the subsequent nomination for Vice Chairman should go to the second highest vote getter (herself). Councilman Matthew Kirby nominated Morrie Seiple based upon his past experience as a councilman. The vote proceeded along partisan lines (4-2) and Dennis Klodner was appointed, took the oath of office, and was seated.

The previous discussion prompted some hoot calls from the audience and a couple of residents spoke in opposition to Dennis Klodner, including ex-Senator Joseph Chaves but the most abusive hollering from the audience occurred during and following the selection of a new Town Council Vice Chairman. Five residents spoke in support of Councilman Kaull for this position and the audience thundered in applause each time, obviously attempting to persuade councilman by sheer noise alone. In the end, Councilman Robert Sullivan was appointed by a majority of four votes (Andrade, Klodner, McLeish, and Sullivan). It is interesting to note that Councilman Michael Kehew nominated Councilman Kaull for the position stating that "although he is uncomfortable in this position, I feel she deserves it [the nomination]." The audience was especially abusive as Councilman Sullivan took the oath of office drowning out his words in a loud chorus of boos.

At the completion of these appointments, Councilman Kaull expressed her thanks to everyone in attendance for their support. She explained that she could have "tied up the vote and blocked the appointment" but didn't because she believed in the democratic process. By this comment she was suggesting that if she had voted with the Republicans for Morrie Seiple, Dennis Klodner would not have been appointed to the Council and thereby the Vice Chairman nomination could also be deadlocked on a 3-3 vote as the Republicans supported her nomination. Clearly, the rift in the Middletown Democratic Party which denied George Andrade the Council Presidency in November 1988 has not yet been healed and the two factions of the party are in continuous turmoil.

During the remainder of the meeting, the crowd continued to be disruptive causing President Andrade to bang his gavel five times. However, this was not the only abuse that the Council had to suffer. The last docket item was a request to speak by Carol Cummings of 738 Indian Avenue. In an unprecedented display of grandiose arrogance, she moved the microphone and spread numerous papers on an empty table. Addressing the Council from 9:09 pm to 9:33 pm (far longer that the five minutes allowed by Council rules), she then began to attack the Council and the Administrator for unlawful and unethical acts. She accused the Council of holding an illegal meeting at Pebbly Beach since four members were in attendance and she had only invited Councilman Kaull. She also accused the Administrator of improperly conducting work in the area prior to proper notification to DEM. However, her most vocal accusations were directed at Town policies, especially as it pertains to tax sales. She accused the Administrator of playing political favoritism as some individuals received extensions on tax payments rather than being forced into a tax sale. Town Administrator Michael Embury explained that two individuals received extensions due to extenuating circumstances - one undergoing a divorce and the other with monies tied up in closed credit unions. Carol Cummings was not satisfied and accused the Town of falsifying records. Through the entire tirade, Administrator Embury maintained his composure and his final words were to relate the story of "someone" in charge of a large trust asking him for an extension which he denied.

Hurricane Bob seems tame by comparison to this Council meeting but the final discussion was indeed about Hurricane Bob. Administrator Embury stated that the east end of Second Beach, the Rock at Second Beach, and the boat ramp at Third Beach will now be open to the public. He also suggested that the Town may receive from the federal government partial compensation for revenues lost from the beach closings. Bill Seiple spoke to commend the Town on the clean up process following the hurricane. Mr. Seiple, referring to the meeting just conducted, was also "appalled at the abuse which Mr. Embury and the Council had taken" and stated that he had "never seen a ruder bunch of people."

As for the Council business, the most important issue of the docket involved the lease/purchase borrowing to enable the Town to purchase equipment AND to renovate the Forest Avenue School. Administrator Embury announced that Fleet Bank has back out of the agreement as it pertains to the school owing to "too much controversy" on the matter. As a result, the funds to pay for the Forest Avenue School renovations (nearly completed) are now not available and the School Department will have to absorb the cost within its budget thereby necessitating cuts in programs or a subsequent request for additional funds.

The Council unanimously appointed Ray Smith to the Albro Woods Steering Committee. Also on a unanimous vote, the Council reappointed Audrey LIttlefield, Patricia Parsonage, and Eileen Spillane to the Middletown Library Board.

The Council adjourned at 9:41 pm.

SPECIAL COUNCIL MEETING

Senior Citizens Bylaws 6:00pm Monday September 16th

Volume III-18 Published: 9/17/91

MIDDLETOWN TOWN COUNCIL MEETING 9/16/91

President George Andrade called the meeting to order at 7:35 pm. Although Councilman Arlene Kaull was absent at roll call, she arrived shortly thereafter and participated in all council business. Sixty residents were in attendance. President Andrade began the meeting by citing Council Rules that limit citizen speaking time to five minutes; however, the rule was not enforced (see Carol Cummings below).

The Show Cause Hearing for the liquor license of Belco, Inc. was continued to October 7th at the request of the license holder. The Public Hearing of a zoning change from R20 to R10 for land between Valley Road and Aquidneck Avenue was continued until October 21st.

Four of the eight items on the Consent Calendar received additional council scrutiny. Councilman Scott McLeish, referring to the minutes of the last meeting, inquired as to the status of right-of-ways to the water. Administrator Michael Embury explained that six of the eleven right-of-ways are uncontested, four may be in dispute, and one is currently in litigation. Councilman Kaull, stating that this is a "very important issue", moved to expend Open Space Bond money to begin a legal search into these right-of-ways. The Council unanimously approved the motion.

Carol Cummings, 738 Indian Avenue, addressed the Council from 8:29 pm to 8:49 pm in a repeat of the tirade against Administrator Embury as she presented in the last meeting (Middletown Newsletter III-17). With the empty table missing from the Council Chambers and only the small podium to hold her many papers, Carol Cummings began by stating "I like the table better". She then declared that a class action law suit is being initiated against the Tax Assessor claiming that properties are evaluated higher than 100% market value as required by law. She then repeated her charge that CMRC has declared Middletown in violation for doing work at Pebbly Beach without a permit and submitted a letter from CMRC to the Council to support her charge. Administrator Embury responding to this charge, read the second paragraph aloud of the same letter that Carol Cummings submitted which clearly stated that NO violation has occurred and the work done at Pebbly Beach was consistent with the preparation of an application to CMRC. Carol Cummings then proceeded to accuse Finance Director David Faucher of "malfeasance of office" by being "arbitrary and capricious" and acting as "judge, jury, and hangman". Her contention is that the Town played favorites with some residents, not all residents, by granting special exemptions from the last tax sale. After Carol Cummings completed her harangue, Ronald Santa of 277 Turner Road, spoke suggesting that the Council Chambers is not a proper forum for these allegations. He stated that the Council's valuable time should not be wasted again and that Carol Cummings should take her complaint to the Attorney General. Ronald Santa then chastised President Andrade for again allowing Carol Cummings to far exceed the five minute time limit for citizen input.

In the end the Council directed Administrator Embury to prepare a report addressing all the charges raised by Carol Cummings. President Andrade suggested to Carol Cummings that she submit written questions and charges to the Administrator so that they can all be answered in the report. The Administrator's report will be presented to the Council at the next meeting on October 7th. As to the lack of a written Town policy regarding exemptions, Councilman Robert Sullivan moved and the Council unanimously directed the Administrator to draft a policy regarding tax sales and exemptions for Council review and adoption at the October 21st meeting.

Three other residents spoke regarding tax sales, evaluations, and rates. Georgia Conklin stated that her house had been sold at the last tax sale and she believed that no exemptions were possible. She reclaimed her house by paying all back taxes ten days after the tax sale. Eleuftheria Constant complained to the Council that her house is assessed too high suggesting that land on Reservoir Road is not worth $300,000/acre. Since she had presented her case to the Board of Taxation Review, Town Solicitor Michael Miller explained that her only recourse was in Superior Court since the Council has "no say in this matter." Mary Laverty spoke against the School Budget and teacher salary increases. Administrator Embury explained to her that the Providence Journal had erroneously reported the Middletown budget as $28 million. The Council directed the Administrator to get accurate figures from the School Department regarding salary increases and an explanation of the difference from the budgeted 6.25%.

The Council unanimously accepted Police Chief Robert Gibson's recommendations to improve the hazardous intersection at Kay Boulevard and Bliss Road. A new stop sign and painted lines will require traffic to stop on Kay Boulevard before entering Bliss Road.

Councilman Michael Kehew move and the Council unanimously agreed to ask the Department of Transportation to consider burying utility cables as part of the East Main Road Improvement Project. Councilman Matthew Kirby then suggested that the Administrator investigate the burying of all utility cables in the Town.

The Council unanimously appointed Councilman Michael Kehew to the Newport County Convention and Visitors' Bureau and appointed Councilman Dennis Klodner to the Open Space Study Committee.

Updating the aftermath of Hurricane Bob, Administrator Embury stated that the beach will now be closed to residents for brush dumping since residents are now bringing trash instead of trees. Overall, however, the brush piles at the beach were very successful and appreciated by most Town residents. Currently, a Tiverton man is chipping, cutting, and hauling away this brush at no expense to the Town. St. George's Ecology Class has volunteered its students to plant dune grass when the Town receives the seedlings. Congressman Machtley is investigating the possibility of getting the Army Corps of Engineers to help with the cleanup on Aquidneck Island. As to financial reimbursement, the Federal Government is likely to reimburse 75% and the State 12.5% for the cleanup costs.

The Council recessed at 9:21 pm in order to hold a closed-door Executive Session to discuss "collective bargaining and personnel".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened from the Executive Session: (1) took no action regarding the collective bargaining or personnel matters (2) voted to seal the minutes of the Executive Session (3) discussed time and date of special meeting and (4) adjourned.

SPECIAL COUNCIL MEETING

Senior Citizens Bylaws (continued) 5:30 pm Monday October 7th

Volume III-19 Published: 10/8/91

MIDDLETOWN TOWN COUNCIL MEETING 10/7/91

President George Andrade called the meeting to order at 7:33 pm. All councilmen were present, and forty-five residents were in attendance. President Andrade began the meeting by presenting commendations, Town tiles, and Public Works hats to nine Middletown High football players who had volunteered their efforts in helping the Department of Public Works to clean the roadways immediately following Hurricane Bob.

The Show Cause Hearing for the liquor license of Belco, Inc. was at last conducted. Actually, no hearing was necessary since the license holder admitted to the charges and agreed to the maximum fine in a plea agreement with Town Solicitor Michael Miller. The lawyer for the license holder did, however, address the Council to explain the extenuating circumstances, i.e., that "the keys were stupidly given to a prospective buyer" who proceeded to sell private stock at an unauthorized event. After ascertaining that there is no current purchase/sale agreement for the premises, the Council unanimously ordered the maximum fine of $500. In another liquor matter, the Council unanimously granted a BL license to Newport Pizza Palace at 330 West Main Road.

Five months ago, the Council denied a 2:00am-6:00am operating license for Dunkin' Donuts at East Main Road [Middletown Newsletter III-11]. However, this time the license was granted unanimously. The change of heart was prompted by an agreement signed with the abutting neighbors thereby removing their opposition.

Town Administrator Michael Embury reported that a cost estimate to research right-of-ways to the water cannot be made and suggested that the Council prioritize the list and establish a maximum expenditure level. The Council will decide this issue at the next meeting.

The Council unanimously adopted a resolution to apply for federal reimbursement for Hurricane Bob cleanup expenditures. Administrator Embury explained that the FEMA account is presently unfunded and if Congress continues to delay funding this program, reimbursement may not occur for some time. This may cause a significant cash flow problem for Middletown next spring since the current cleanup cost is $155,000 and may reach $300,000 based upon CMRC demands for restoring the beaches.

The most significant report of the Administrator concerned the Tax Sale of May 22, 1991 and Town policy questions as raised by resident Carol Cummings [Middletown Newsletter III-18]. In a six page report, Administrator Embury addressed each charge present by Carol Cummings. The conclusions were:

(1) Tax sale was conducted in full compliance with state law.

(2) A policy of exceptions was in place and no variations occurred.

(3) Some properties may have been overlooked due to lack of automation.

(4) A Town employee mishandled documents and will be disciplined.

(5) New policy established for Town employee tax payments.

(6) Written tax sale policy drafted and enclosed.

In the end, the Council agreed to a November 7th workshop wherein the written policy will be discussed and modified for future Council adoption.

Georgia Conklin, addressing the Council, sought reimbursement of charges to get her house back after the tax sale arguing that the tax sale was discriminatory. Town Solicitor Michael Miller stated that the charges referred to are mandated by state law. Georgia Conklin asked the Council to direct the Solicitor to conduct an examination of malfeasance of office by both the Finance Director and Administrator. Councilman Matthew Kirby stated that "it would be inappropriate for the Town Solicitor to conduct such an investigation". President Andrade, agreeing with Councilman Kirby, suggested that "if anyone feels differently, they can make a motion." Councilman Arlene Kaull made such a motion, stating that she "sees no harm in examining the [tax sale] letter and comparing the Administrator's action." The motion failed on a 1-6 vote with only Councilman Kaull voting in the affirmative. Carol Cummings, addressing the Council, stated "this will be taken further".

Councilman Michael Kehew raised the issue of broadcasting Town Council meetings on local cable. Cable Television Advisory Committee representative Ronald Santa presented various options and costs to the Council and agreed to discuss these options with the Administrator.

By a unanimous vote, Michael Whitty was appointed to the Planning Board.. Also by unanimous vote William Stratford, Frank Lawrence, Paul Parsonage, and Frank Mello (Alternate) were appointed to the Aquidneck Island Planning Commission (AIPC). Councilman Michael Kehew asked for an explanation of the work and charter of the AIPC which Administrator Embury will provide at the next meeting.

The Council recessed at 9:14 pm in order to hold a closed-door Executive Session to discuss "collective bargaining and personnel".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened from the Executive Session: (1) took no action regarding the collective bargaining or personnel matters (2) voted to seal the minutes of the Executive Session (3) adjourned.

SPECIAL COUNCIL MEETINGS

General Assembly delegation 6:00 pm Monday October 28th

Zoning Board Accessory Apartments 7:30 pm Monday October 28th

Sewer Advisory Committee 6:00 pm Thursday November 7th

Administrator Town Policies 7:00 pm Thursday November 7th

CORRECTION

During the recent Council battle for Vice Chairmanship, the Middletown Newsletter Volume III-17 reported that Councilman Kaull could have deadlocked the vote by joining in support of Republican nominee Morrie Seiple. This assertion was made based upon the wrong assumption that a 3-3 vote was needed for such a deadlock. Councilman Kaull has informed me that the deadlock could have been accomplished without her supporting a Republican ("something she would never do") but by simply voting for another Democrat thereby producing a deadlock vote of 3-2-1.

Volume III-20 Published: 10/22/91

MIDDLETOWN TOWN COUNCIL MEETING 10/21/91

President George Andrade called the meeting to order at 7:33 pm. All councilmen were present, and forty-five residents were in attendance. Three police officers and three fire fighters dressed in formal uniforms were in attendance.

President Andrade presented a commendation and Town tile to the following Town employees for their efforts in a heroic rescue during Hurricane Bob: Fire Fighters John Reynolds, Andrew Meehan and Thomas Karpovitz; Police Officers David Leonard, Peter Coen, and Joanne Carberry; and Special Officer Joseph Nunes.

The Public Hearing of a zoning change from R20 to R10 for land between Valley Road and Aquidneck Avenue was continued until November 18th. The Planning Board had submitted a letter recommending that any rezoning be delayed until after the adoption of the Comprehensive Plan currently under development. The lawyer for the petitioner requested the continuance in order to get the Planning Board's recommendation (approve/disapprove) rather than the simple response to delay. Raymond Donilon was angry that he was not allowed to speak until after the continuance was granted and stated that he would return at the Public Hearing.

With Councilman Michael Kehew abstaining because he has "clients involved", the Council unanimously granted a Sunday Selling License to Rue de France to allow sales from its warehouse at the Aquidneck Industrial Park. Sales on site at the Aquidneck Industrial Park are allowed under the MIP zoning adopted in April 1991 [Middletown Newsletter III-9].

Although all numbers have not been finalized, Town Administrator Michael Embury presented the financial cost of Hurricane Bob and reimbursements the Town may obtain. The total cost is $272,000 with the insurance company covering $124,000. Of the $148,000 not covered by insurance, FEMA (federal government) will reimburse $111,000 and the state will reimburse $18,534, thus leaving the Town with a $18,534 total expense. The problem, however, is that the reimbursements may not be forthcoming soon, and may not arrive for six months to two years primarily due to the fact that the FEMA budget has been exhausted and Congress has not yet approved supplemental funding. Administrator Embury, while not sounding the panic alarm, did suggest that the Town may be in considerable financial difficulty next spring if the reimbursements do not arrive since the Town must, and has been expending funds to conduct the cleanup. The contingency fund of the General Fund has nearly been exhausted and the Beach Fund has been covering the cost of personnel and beach cleanup.

Complicating the financial situation further are two state mandates. CMRC has informed Middletown that the sand at Second Beach must be sifted. Administrator Embury has indicated that he will resist this order and the $28,000 cost. The other state mandate involves the disposal of trees dumped in the Second Beach parking lot. DEM to date has refused to allow burning and is requesting the Town to grind/chip the branches and brush at a cost of $125,000. Councilman Kehew suggested that the Governor and/or Congressional delegation be contacted to overrule the DEM ban on burning which prompted discussion concerning the environment versus cost of disposal. President Andrade was "leery about burning since many people have objected" and Councilman Arlene Kaull had similar reservations about this "sensitive area and the Audubon concerns". Councilman Matthew Kirby indicated that "we need this option ... we need to be able to plan". Administrator Embury stated that the cost of burning the brush and replacing the asphalt parking lot would be 1/3 the cost of grinding/chipping. The emphasis then changed from a direct request to burn the brush into permission to burn as a last resort owing to lack of money. Two motions were then introduced by Councilman Kehew and unanimously approved by the Council: (1) a letter to DEM asking for a final decision regarding burning as soon as possible and (2) a request of the Governor and/or Congressional delegation to overrule DEM's decision if it were to be negative.

Administrator Embury provided a report regarding rights-of-way to the water in which five were delineated as clearly established and six were noted as being in question. Councilmen Kehew and Kirby disagreed over the use of Open Space Bond money for establishing clear legal title to these lands - Councilman Kehew in favor and Councilman Kirby opposed. In the end, the five uncontested rights-of-way were referred to the Open Space Committee for operational recommendations. Town Solicitor Michael Miller was directed to review a state document listing rights-of-way to determine if legal title searches have already been completed on the contested lands.

By a unanimous vote, Timothy Barrow was appointed to the bipartisan Board of Tax Assessment Review. The Council accepted the resignation of Frank Mello (Alternate) from the Aquidneck Island Planning Commission (AIPC) and unanimously appointed Michael Whitty as his replacement. Administrator Embury did not provide an explanation of the work and charter of the AIPC as requested by Councilman Kehew at the last meeting [Middletown Newsletter III-19].

The Council recessed at 9:17 pm in order to hold a closed-door Executive Session to discuss "collective bargaining, litigation, and personnel".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened from the Executive Session: (1) directed the Solicitor to proceed on a settlement of a tax assessment unnamed Superior Court suit (2) took no action regarding the collective bargaining or personnel matters (3) voted to seal the minutes of the Executive Session (4) adjourned.

SPECIAL COUNCIL MEETINGS

General Assembly delegation 6:00 pm Monday October 28th

Zoning Board Accessory Apartments 7:30 pm Monday October 28th

Sewer Advisory Committee 6:00 pm Thursday November 7th

Administrator Town Policies 7:00 pm Thursday November 7th

Volume III-21 Published: 11/5/91

MIDDLETOWN TOWN COUNCIL MEETING 11/4/91

President George Andrade called the meeting to order at 7:35 pm. Councilmen Arlene Kaull and Robert Sullivan were absent. Twenty residents were in attendance.

Acting as a Board of License Commission, the Council unanimously continued the yearly renewals of all liquor licenses until next meeting. This action was predicated upon a new policy of Kate Racine, State Liquor Control Administrator, which requires Police Department consent and a list of all complaints against each license. Police Chief Robert Gibson indicated that compliance with the new policy can be accomplished by the November 18th meeting.

Five of the seven items on the Consent Calendar received additional Council scrutiny. Councilman Michael Kehew, referring to the minutes of the October 28th Special Meeting, wanted the record to reflect his opposition to applying the accessory apartment zoning amendment to non-family members. The Administrator's report concerning underground utilities included Newport Electric's policy requiring the construction cost to be borne by the actual users of the underground facilities rather than by all customers of Newport Electric. The Council has asked the State Legislature to exempt advertising requirements for the upcoming Comprehensive Plan since the cost would be $15,000.

Town Administrator Michael Embury informed the Council that State Law no longer requires Town Councils to meet with School Committees prior to adoption of a budget, however, Administrator Embury recommended that the Council should continue the practice. President Andrade citing the "need to begin dialogue with our School Committee as soon as possible" recommended that a letter be sent to the School Committee asking for a meeting and suggesting dates for such. Councilman Kehew suggested such a joint meeting at the School Department preceding the official School Committee meeting.

In a letter to the Council, Ronald Santa suggested that Middletown offer to help Portsmouth dispose of its Hurricane Bob tree debris by burning both at Second Beach. Administrator Embury indicated that he had called Portsmouth Administrator Driscoll with the idea but Portsmouth intends to grind/chip all their debris. Administrator Embury also indicated that he has made application to DEM to burn our debris and is awaiting permission.

Mary Laverty, in a letter to the Council, complained that the "required" final tax rate has not been published in the Newport Daily News. Citing state law, Administrator Embury stated that no requirement to publish the final tax rate is required. State Law simply requires that proposed tax rates be published prior to the Public Hearing and adoption of the budget which the Town had done in compliance with the law. At the urging of the Council, Administrator Embury will respond in writing to Mary Laverty explaining the state law and the action taken by the Town.

The Council referred to the Beach Advisory Committee an application to conduct parasailing in the vicinity of Second Beach.

Administrator Embury submitted a comprehensive report of beach revenues and operations detailing daily revenues and weather conditions for the past season (report on file at Town Hall and Library). The report restated the transfer of $300,000 from the beach surplus to the General Fund therefore restraining the amount of last year's tax increase. Daily revenues have decreased as a result of two factors: (1) bad weather and (2) increased sticker purchases. Hurricane Bob also contributed to a loss of revenues but the Town should recoup this two week loss from its insurance company. Daily revenues prior to Hurricane Bob were down $113,000 whereas sticker revenues were up $65,000 for a net revenue loss of $48,000. There were an additional 272 resident stickers and 1127 nonresident stickers sold this year.

The Council adjourned at 8:15 pm.

EDITORIAL

Obviously Second Beach is the best recreation that money can buy. During a season of poor beach weather and increased daily fees, people continued to flock to the beach. However, as prudent New Englanders these beachgoers looked for a better buy and discovered that season passes (stickers) were a bargain that could not be resisted and the sales of stickers took a tremendous jump. Not only did this result in decreased daily revenues but beach staff man-hours significantly increased in order to install these stickers.

Clearly, the economic balance between season stickers and daily revenues has significantly tilted toward stickers. The Middletown Newsletter recommends that beach sticker fees be doubled for next season: $50 for residents and $100 for nonresidents. This alone might generate $269,000 additional revenues assuming that the same number of stickers are sold. However, the increased sticker fee would surely decrease the number of stickers and INCREASE the daily revenues thereby bringing the two revenues into better balance. Surely the result would provide a minimum of $100,000 additional revenues.

The Middletown Newsletter further recommends that the additional $100,000 annually be transferred to an Open Space Acquisition Fund. In the future as this fund accumulates, public lands could be purchased without the need to ask the citizens for a Bond Referendum and without the use of taxpayer funds. It appears proper that those who enjoy the recreational pleasures of Second Beach should help contribute toward the acquisition of additional open space and recreational land in the Town.

IN THE DARK OF THE NIGHT

The regularly scheduled Executive Session was cancelled.

SPECIAL COUNCIL MEETINGS

Administrator Town Policies 6:00 pm Thursday November 7th

Sewer Advisory Committee 6:00 pm Monday November 18th

Volume III-22 Published: 11/19/91

MIDDLETOWN TOWN COUNCIL MEETING 11/18/91

President George Andrade called the meeting to order at 7:35 pm. Councilmen Scott McLeish was absent. Forty residents were in attendance.

Acting as a Board of License Commission, the Council considered the matter of renewing all liquor licenses in the Town. As per the requirements of Kate Racine, State Liquor Control Administrator, Police Chief Gibson included his recommendations and police complaint reports for the last three years. Chief Gibson recommended approval of all renewals except Sea View Development Co., Elias J. Lahoud, Renaissance Development Corp., and Belco, Inc. (these establishments being closed and not utilizing their licenses). Sea View Development has sent a letter to the Town Clerk indicating it does not intend to renew its license. The Council, acting upon the recommendation of the Town Administrator and following previous Council precedence, decided to hold a future Show Cause Hearing against the other three licenses to determine why they are not being used and whether the licenses should be revoked. Town Clerk Barbara Nash also noted that D'Angelo's and Ponderosa had not applied for renewal and were therefore not on the list. Thereupon the Council unanimously granted the renewal of all licenses including the three which will have a Show Cause Hearing.

Seven of the twelve items on the Consent Calendar received additional Council scrutiny. Councilman Arlene Kaull, referring to the minutes of the last meeting, questioned the Council's action asking the Legislature to exempt advertising requirements for the upcoming Comprehensive Plan. President Andrade expressed reluctance to spend $15,000-$18,000 for this advertisement while Councilman Kaull argued for the advertisement to alert property owners of the sweeping changes to the Zoning Ordinance. Councilman Kaull stated that "it is important to save money but not at the expense of property owners." On another matter from the previous meeting, Councilman Kaull, cited the Beach Report and the disproportionate number of stickers sold at the expense of daily revenues [Middletown Newsletter III-21 editorial]. President Andrade indicated reluctance to increase the sticker fees since the fee for Town resident stickers would, by law, similarly have to increase. Councilman Robert Sullivan indicated that the Beach Advisory Committee was open to recommendations and would be holding its next meeting at 2:00 pm on November 25th.

Another consent docket item was the routine tax abatement list submitted by the Town Administrator. However, this item did not receive the typical approval. Councilman Kaull indicated that one name on the list, with tax payments due for 1982-1988, was known to live in South County and therefore should be further pursued for collection. Councilman Kaull thereupon moved that Francis Quinn be deleted from the list and the Council unanimously approved this action. At the suggestion of Councilman Matthew Kirby, the entire list was then resubmitted to the Town Administrator with instructions that a second collection agency be sought to recover these past due taxes.

The most significant issue of the evening was a Public Hearing for a zoning change from R20 to R10 for land between Valley Road and Aquidneck Avenue. The petitioner's lawyer introduced the customary expert witnesses in Engineering, Traffic Engineering, and Real Estate Appraisal. Three plans were introduced: (1) R20 customary development (2) R20 Cluster development and (3) R10 development with restrictions. The first two plans could be built today, by right, with no zoning change whereas the zoning change was required for plan #3. The petitioners argued that each of the plans contained the same number of dwelling units (70), plan #3 was environmentally safer for the stream leading to Bailey's Brook, plan #3 was cheaper to build (less roadway) and would produce "more affordably priced units", and therefore plan #3 would be better for the Town. Nine abutters spoke in opposition to the project with two introducing petitions containing over one hundred signatures. The primary opposition to the project centered upon (1) flooding of the stream and (2) premature nature of the request considering the Comprehensive Plan soon to be adopted. The Council unanimously received the petition on its first reading and will decide the matter after the second reading of the ordinance at the next meeting.

Councilman Kaull departed as the Council recessed for five minutes (she had indicted that illness had prevented her attendance at the previous two meetings). After the recess, the Council unanimously adopted a Tax Policy, the lack of which had created so much controversy with Carol Cummings [Middletown Newsletters III-17,18,19].

Receiving a report on costs and methods of televising Council Meetings, the Council unanimously agreed to pursue the Administrator's recommendation. Councilman Michael Kehew wanted the Administrator to immediately determine the cost of equipment; however, the remaining councilmen preferred to include this project in next year's budgetary process. Councilmen Matthew Kirby and Dennis Klodner indicated their opposition to having the meetings broadcasted.

The Senior Citizens' Center By-Laws was continued until next meeting so as to allow the Senior Citizens' Advisory Committee to examine and comment on the final document.

Paul LaMond, speaking before the Council and in a letter to the Council, objected to the use of Open Space Bond money for researching legal title of rights-of-way to the water [Middletown Newsletters III-18,19,20]. Newly elected head of the Open Space Subcommittee, Councilman Kirby also indicated opposition to the use of this money. It appears that the idea has ended and the matter will be left in the hands of the State and CMRC.

The Council recessed at 11:01 pm in order to hold a closed-door Executive Session to discuss "collective bargaining and litigation".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened from the Executive Session: (1) directed the Solicitor to proceed on a settlement of a "matter of litigation" (2) took no action nor discussed the collective bargaining issue (3) voted to seal the minutes of the Executive Session (4) adjourned at midnight.

EDITORIAL

The Police reports included for renewals of liquor licenses contained some interesting facts. For those with a prurient interest, the descriptions of All Male Reviews and female exotic dancers at Charlie's on Aquidneck Avenue would provide some entertainment. Other reports contained suggestions of the "influence of power".

One license holder informed the Police Officer that his lawyer (a Councilman) would be called. Another report cited a councilman, in attendance at the bar, confronting the Police Officer with the fact that the individual was a councilman.

It appears that neither instance of "influence peddling" impacted the performance of the Police Officer. The reports themselves are testimony to the professionalism of these Police Officers. Middletown should be justifiably proud of its Police Department which continues to do its job without regard to the rank or prestige of the subjects involved.

Volume III-23 Published: 12/3/91

MIDDLETOWN TOWN COUNCIL MEETING 12/2/91

President George Andrade called the meeting to order at 7:37 pm. All councilmen were present, and forty residents were in attendance.

Acting as a Board of License Commission, the Council unanimously approved an expansion of the Cartoon's Sports Pub service area to include a dance floor on the second floor. President Andrade agreed to this expansion "because of the track record of Cartoon's" (no police complaints for last two years), however, the Council will "watch carefully" any future problems. NOTE: In a somewhat rare occurrence, Cartoon's ownership represented themselves without attorneys. In another liquor license matter, the VFW requested to remain open on January 1st until 3:00 am to serve breakfast. Based upon State Law and the precedent it would establish for other Clubs, the Council unanimously denied the request.

Citing past meetings where the Consent Calendar received considerable scrutiny, President Andrade instituted a new procedure whereby each Consent Calendar item would be individually addressed, similar to the regular docket. Six of the nine items were routinely approved. Councilman Matthew Kirby pressed the Administrator for a projection of revenue shortfalls and options to deal with the problem. A workshop meeting will be established in January (preceding the joint meeting with the School Committee) to discuss this matter. Considerable discussion centered upon the purchase of two police cruisers with the result being unanimous authorization for the purchase of two 1991 police cruisers from Natick Ford, Natick, Massachusetts.

The most contentious issue of the evening was the second reading of the petition for a zoning change from R20 to R10 for land between Valley Road and Aquidneck Avenue. President Andrade began by thanking the petitioner for the presentation at the last meeting, thanking the opponents for the two petitions submitted, and explaining his opposition based upon the lack of a "compelling reason" to change the zoning. Councilman Scott McLeish, to a smattering of groans, abstained from voting since he had not been in attendance during the Public Hearing. Councilman Arlene Kaull, although indicating that the proposal had some merit and that the "abutters would be better off with the project", had concerns about the land use, stating "that type of affordable house may not belong there." Councilmen Kehew and Kirby, apparently favoring the project and observing that the vote was unlikely to go their way, voted to Table this issue so that it could subsequently be reviewed by the Planning Board and enacted by the Council. The Council voted against tabling the matter and thereupon voted to deny the petition. The vote to deny was confusing as it appeared that Councilman Kehew, although favoring the project, voted to deny the petition thereby leaving only Councilman Kirby as the lone dissenter. The confusing nature of this vote prompted the Town Clerk to poll individual councilmen, after the meeting, in order to record the proper vote. As it turns out, Councilmen Kehew and Kirby both voted to deny the petition thereby making a unanimous Council vote to deny.

John O'Malley requested a change to the Senior Citizens' Center By-Laws while relating a comment from another Senior who had told him that "we have been raped by having our funds used in this center." Councilman Arlene Kaull, exasperated and angered, told Mr. O'Malley that this issue should have been addressed at the Advisory Committee Meeting rather than presented before the Council. Other councilmen then expressed concerns that questions remain with the by-laws. Rather than adopting the By-Laws, the Council decided to hold yet another workshop session with the seniors on Monday, December 9th at 5:30 pm to iron out these difficulties.

Town Solicitor Michael Miller submitted his report regarding rights-of-way indicating that only three have been officially identified by CMRC. Councilman Kirby explained that CMRC was continuing to pursue rights-of-way and would do the work if the Town provide Plat and Lot numbers. The solicitor was directed to contact CMRC and provide the necessary information to allow them to pursue all rights-of-way in the Town.

Representative Bruce Long, in a letter and speech before the Council, presented a description of the proposed power plant in Portsmouth and detailed his opposition to the project. Representative Long asked the Council to review data and reports which will be forthcoming and to subsequently place this item on the Council docket for discussion with the intent of voicing Town opposition to the project. Two Portsmouth residents also spoke on the issue in opposition to the project. President Andrade indicated that it was premature for the Council to decide this matter and must wait at least until the Town of Portsmouth makes its determination.

Councilman Robert Sullivan nominated and the Council unanimously reappointed Frank A. Toner to the Middletown Personnel Board.

The Council adjourned at 9:20 pm.

SPECIAL COUNCIL MEETINGS & EVENTS

Seniors' By-Laws Workshop 5:30 pm Monday December 9th

Family Night & Tree Lighting 6:30 pm Thursday December 12th

Meeting with School Committee 7:00 pm Thursday January 9th

(at Linden School)

Volume III-24 Published: 12/17/91

MIDDLETOWN TOWN COUNCIL MEETING 12/16/91

President George Andrade called the meeting to order at 7:35 pm. Councilman Michael Kehew arrived shortly after roll call. Thirty residents were in attendance.

Acting as a Board of License Commission, the Council unanimously approved a 19-hour Class F-1 license on January 3rd for the Aquidneck Island All-Vets Club.

The Consent Calendar, with the exception of the financial report, was adopted without discussion. The financial report received considerable attention. Town Administrator Michael Embury related Congressman Machtley's telephone conversation stating that $9 million of FEMA emergency funds has been allocated for Rhode Island and Middletown should be receiving some of that money for Hurricane Bob reimbursement. Additionally, the insurance company is reimbursing some previous costs and authorizing payment of additional cleanup work. On the negative side, Administrator Embury expects that the State will CUT allocations to cities and towns next year by 1 1/2 percent. President Andrade, citing a projected $200 million shortfall in next year's state budget, stated that Governor Sundlun will be asking all state departments to submit an 85% priority budget. Emulating this procedure, President Andrade asked Administrator Embury to prepare a similar 85% priority budget to deal with the dire financial predictions for next year.

The Council unanimously presented a commendation to members of the Gaudet Middle School Chorus, five of whom were chosen to sing in the Kenny Rogers Christmas Concert and three of whom were selected as members to the Junior All-State Chorus. These students were: concert performers Jason Bixler, Lacy Dwyer, Megan Kehew, Elisabeth Merkel, and Nancy Silvia and All-State Chorus members Megan Kehew, Emily Lindh, and Carol Trocki.

Henry Maurais, 17 Reardon Drive, spoke to the Council indicating his frustration with the Town Administration regarding the construction of a roadway extension of Reardon Drive connecting to Lot 105C. Mr. Maurais indicated that on December 2nd, he discovered a contractor and the Public Works Director discussing the potential construction of this roadway. On December 4th, Mr. Maurais's lawyer, in writing, asked the Council and Administration to delay construction until the abutters could be heard on this matter. On December 9th, the construction permit was issued by the Town and the road was constructed in two days. Thus, at the December 16th Council meeting the roadway was built and the residents had no opportunity to address the matter. Mr. Maurais explained that, since the Reardon Drive neighborhood is residential and Lot 105C is Limited Business, the major concern was safety in that children and trucks don't mix. Mr. Maurais was also upset with the lack of a forum to speak prior to construction, especially considering that the residents had objected to this roadway in 1989. Town Solicitor Michael Miller explained that his opinion (the same rendered in 1989) is that the Council has neither jurisdiction nor authority to stop development of a previous authorized "paper" road. Solicitor Miller further stated that a bad precedent would have been established, and potential law suit ensuing, had the Town delayed the granting of the legal permit in order to allow a Council hearing. In point of fact, the "halt and desist" order that the Council issued in 1989 was not proper and was removed within one week of issuance. Upon a question proposed by Councilman Dennis Klodner, Solicitor Miller stated that the Council does have the authority, in the interest of safety, to control speed and ban truck traffic on the roadway. At the urging of President Andrade, it was decided to inquire of the developer the intended construction on the lot. Construction of residential units would not be objectionable to the residents and would produce no truck traffic; however, if a business facility is to be constructed, the Council will enact a No Truck ordinance for that roadway.

Councilman Robert Sullivan presented the Beach Subcommittee's recommendations not to increase daily or sticker fees next year. Financial data received under suspension of the rules predicts that next year's total beach revenues will be $50,000 higher than 1991 but will remain $50,000 less than 1990. Councilman Sullivan reminded the Council that the $300,000 transferred to the General Fund this year will NOT be available next year. Rather than increasing any beach fees, councilmen who spoke seemed to favor REDUCING daily fees as a means of balancing sticker and daily sales. Councilman Arlene Kaull related her experience at the beach where regular attending Massachusetts residents have told her that "this is the best deal around."

William Burns, Middletown Conservation Commission, informed the Council that well water quality is suspect in the Turner Road, Ward Avenue, Honeyman Avenue, and Columbia Road areas. Any resident in these areas using well water would be advised to contact the State Health Department.

The Council recessed at 9:29 pm in order to hold a closed-door Executive Session to discuss "collective bargaining and pending litigation".

IN THE DARK OF THE NIGHT

Since the Town Clerk was not available on December 17th, action taken during and following the Executive Session could not be confirmed as of the time of this publication.

EDITORIAL

The Council has decided NOT to increase fees at the beach next year, thereby automatically increasing costs to the taxpayers. Since $300,000 was transferred to the General Fund this year from the beach account and since no such amount will be transferred next year (if beach fees are not increased), the budget will be starting at a deficit which will have to be compensated for by the taxpayers.

With the beaches being the "best deal around", why shouldn't beachgoers pay a little more and thereby save a dollar for the taxpayers? Why must the taxpayer be the first source of revenues for the Town?

The Middletown Newsletter [Volume III-21] endorsed a doubling of the fees for all yearly stickers. Using the formula of projected beach revenues established by Town officials, doubling sticker fees would raise an additional $269,625. Thus, the $300,000 deficit would nearly be eliminated and taxpayers would be saved this amount of a tax increase.

SPECIAL COUNCIL MEETINGS

Financial Status Workshop 6:00 pm Monday December 30th

Meeting with School Committee 7:00 pm Thursday January 9th

(at Linden School)

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