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)