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.