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Volume V-26 Published: 1/3/96

MIDDLETOWN TOWN COUNCIL MEETING 1/2/96

President George Andrade called the meeting to order at 7:03 pm. Councilman Matthew Kirby was absent at roll call but arrived shortly thereafter. Five residents were in attendance as were three Scouts and a Leader from Boy Scout Troop 77. Prior to the start of the meeting, President Andrade welcomed the Scouts and wished everyone a Happy New Year.

Acting as a Board of License Commission, the Council, at the request of the Receiver, again did not act upon the liquor license transfer for Purgatory Associates (Inn at Newport Beach) but instead continued the matter to the first Council meeting in February. The Receiver is scheduled for a court hearing at the end of January and should be ready for the transfer hearing after that. The Council asked the Solicitor what if anything might be done by the Council as a condition of the transfer to insure that payment is received by the long list of businesses who are owed money. Town Solicitor Michael Miller indicated that a court order by the Bankruptcy Court would be final and the Council could not impose additional conditions without being in danger of a Contempt Citation.

The three item Consent Calendar was approved and adopted after Councilman John Alofsin questioned the procedure regarding Middletown Cemetery burial lots and their fees.

Town Administrator Michael Embury presented three memos (Police Chief, Fire Chief, and Public Works Director) opposed to the abandonment of portions of Easton Avenue and Allston Avenue [Middletown Newsletter V-24]. Closing of portions of these roads would significantly impact access for fire vehicles, response by police vehicles, and snowplowing efforts. President Andrade then asked the Solicitor whether the petitioners "are entitled to a hearing?", Solicitor Miller said "No." Councilman William Flynn then asked "Do they have any recourse?". The Solicitor again said "No." The Council unanimously moved to take no action on this matter but will send a letter to the petitioners explaining the Council's "action."

The Special Meetings held by the Council regarding the Pension Plan and the work by the Subcommittee on Pension Plans culminated in a 6-1 vote selecting Hannah Group as the consultant to help the Town end its current relationship with John Hancock. Within the next two/three years, it is hoped that the Town's $7M worth of assets in the Pension Fund will be reinvested so as to provide a savings to the Town and an increased returned for the Pension. Councilman Michael Kehew objected to the selection of Hannah Group preferring instead Merrill Lynch and its local representative Stephen Lepley. The other two Republicans (Alofsin & Kirby) also appeared reluctant to selecting Hannah Group during the discussion period but joined the Democrats during the final vote.

Deane Swanson, ESPN Extreme Games, requested permission to conduct a Skysurfing event at Sachuest Beach during June 24, 25, 26, 1996. The Skysurfing event involves ten, two-man teams whereby one individual is the cameraman and the other the acrobat. The free-fall Skysurfing from 15,000 feet altitude is televised on a large screen TV on the beach and the participants parachute to a landing in a 250 ft x 180 ft area of sand. ESPN reimburses the Town for security, rescue, and trash collection expenses but Councilman John Alofsin wanted some nominal donation to the Beach Fund. Deane Swanson indicated that ESPN would be willing to pay the "normal fee" for such events on the beach; however, since the Town does not have such a "normal fee" the offer was moot. Councilman Arleen Kaull stated that she is "happy to break even on this event since Middletown received considerable National and International exposure." The Council unanimously gave permission for the event and referred to the Beach Subcommittee the matter of fees, if any.

Accepting the recommendation of the Planning Board, the Council unanimously appointed the following people to the Aquidneck Island Planning Commission (AIPC): William E. Stratford, Mary Garrett, A. Eric Offenberg, and Joseph Mendonsa (Alternate). Noting his "impressive resume", the Council unanimously reappointed Robert Silva to the Middletown Economic Advisory Committee.

Four applications were received for three positions on the Middletown Senior Citizens' Center Board of Directors. President Andrade moved to reappoint all three members. Councilman Kehew stated he would "like to see new people come on the Board since reappointments don't get us new ideas." Accepting President Andrade's challenge to name the Director he would like to replace, Councilman Kehew said he was prepared to make such a designation. However, the Council quickly moved to a vote and the following people were unanimously reappointed: John J. O'Malley, Kendall S. Osborne, and Loretta F. Roggero.

The Council recessed at 7:59 pm in order to hold a closed-door Executive Session to discuss "collective bargaining."

EDITORIAL

Two years ago Councilman Kaull stated that the Council wanted "to incorporate new blood in the Senior Citizens Board by not reappointing existing board members" [Middletown Newsletter IV-27]. Apparently this Council would rather have peace and quiet than innovative ideas.

NEW APPLICANTS NEED NOT APPLY!

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council DID NOT seal the minutes of the Executive Session and took the following action when it reconvened: (1) voted to accept the Police Union language relative to the copay grandfather clause - similar to Public Works contract, and (2) adjourned at 8:12 pm.

Volume V-27 Published: 1/17/96

MIDDLETOWN TOWN COUNCIL MEETING 1/16/96

President George Andrade called the meeting to order at 7:03 pm. Councilman William Flynn was absent at roll call but arrived shortly thereafter. The Council Chambers were filled with families associated with Middletown Pop Warner Football in support of the Middletown Junior Midget Football Team, 1995 Rhode Island Champions and semi-final round participants in the New England regional competition. Stating that Pop Warner Football is "one of the best organizations in Middletown", President Andrade read a Council Commendation for the team. Representative Bruce Long read a Proclamation from Governor Linc Almond congratulating the team's undefeated regular season and exemplary performance in the playoffs. The twenty-six members and five coaches then shook hands with each councilman after which the team and their families departed the Chambers leaving eight residents in attendance.

The four item Consent Calendar was approved and adopted after Councilman William Flynn questioned the legality of David Miller's signature on a renewal application for a fortuneteller's license for Patsy Miller. Town Clerk Barbara Nash responded that the husband's signature is acceptable and has been used in the past.

Kevin Fahey, owner of KJ's Pub, requested an extension of the existing entertainment license to allow a five piece Jazz band to play indoors for eight weeks beginning in February coinciding with Mardi Gras. Stating that it "took a lot of guts", Councilman Arleen Kaull was shocked that Mr. Fahey would be asking for a license variation at the next Council meeting following a Show Cause Hearing for KJ's Pub's [Middletown Newsletter V-26]. Councilman John Alofsin defended this action by stating that Mr. Fahey had indeed appeared before the Council at the Show Cause Hearing, had paid his fine, and was trying to improve his business. President Andrade then moved to grant the Sunday afternoon entertainment license without an eight-week limitation which was approved on a 6-1 vote with Councilman Kaull opposed.

In a memorandum to the Council, President Andrade urged the Council to compliment the Public Works employees on the "great job" done in clearing the streets during this past storm. The Council unanimously agreed to send a Letter of Appreciation but rejected Councilman Kaull's suggestion to invite the employees to appear at the next Council meeting.

Town Administrator Michael Embury presented a financial report covering the first half of the 1995/1996 fiscal year. Although some revenue items are deficient, others like the hotel tax show a surplus with the result that the General Fund is in "good condition"; however, some transfer of funds from one line item to another are required. Teresa Santos, Middletown Concerned Citizens Association, stated that the group was "very pleased" with the financial report but had a number of questions which the Administrator answered or indicated he would provide an answer to later.

The Municipal Court was the subject of considerable discussion, not because of finances since it has provided nearly $30,000 net to the Town in the last nine months, but because of the taxing workload it has placed on the Clerk's office. When the Municipal Court was created, the clerical work was absorbed by the five-member Town Clerk department with no increase in staff. Since that time, one member has left the department and the position has remained unfilled and another member has recently been placed on maternity leave. The three remaining members have been hard pressed to cover the normal duties of the Clerk's office but with the added pressure of three elections this year, the workload will be unbearable. Clerk Nash would ideally like to increase the staff by one full-time position but Administrator Embury has suggested an increase of a permanent part-time position. The Council will likely make a decision at the next Council meeting.

The Council is considering an increase in the price of Town Cemetery lots from $75 to $300 (residents) and $400 (non-residents). Councilman Kaull stated that these prices would be in line with other municipal cemeteries thereby making the Town competitive rather than the existing bargain rates. All additional revenues will accrue to the separate Burial Fund and will be used for much needed improvements. Councilman Michael Kehew asked for a continuance of this issue so that a report might be submitted indicating the amount of existing funds and an itemization of needed improvements and their costs. It was also suggested that costs for residents might be left the same ($75) with increases only applying to non-residents. The Council will decide this matter at the next meeting.

The Council recessed at 8:20 pm in order to hold a closed-door Executive Session to discuss "litigation and collective bargaining."

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council made no decisions and took no action in the Executive Session and simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 9:08 pm.

Volume V-28 Published: 2/6/96

MIDDLETOWN TOWN COUNCIL MEETING 2/5/96

President George Andrade called the meeting to order at 7:04 pm. Councilman Matthew Kirby arrived at the end of roll call thereupon changing his status from absent to present. Fifteen residents were in attendance.

Acting as a Board of License Commission, the Council, at the request of the Receiver, again did not act upon the liquor license transfer for Purgatory Associates (Inn at Newport Beach) but instead continued the matter to the first Council meeting in March. The delay was necessitated since a creditor had objected thus postponing the court date from January 23rd to February 9th and allowing for a 20 day appeal. Answering the Council's question as to the current status of the license, Town Clerk Barbara Nash indicated that the license is active and its fee has been paid by the Bankruptcy Court. On another liquor license matter, the Council ordered advertised for a Public Hearing a transfer from Beaches to McEllin's Pub and Restaurant for use at the same premises at 116 Aquidneck Avenue.

The seven item Consent Calendar was approved and adopted after Councilman John Alofsin questioned the status of Middletown Cemetery burial lot costs. The ten petitioners were allowed to purchase twenty-seven lots at a cost of $75 each as will twenty other petitioners whose paperwork is in the process. Later in the meeting the Council increased the price of burial lots (see below).

The long delayed rezoning hearing for Lot 198A Plat 113 (Drive In Theater) from LBA & R20 to General Business (GB) to accommodate the construction of a BJ's super store was again continued for another month until the March 4th meeting. Explaining his request for a continuance, Attorney Robert Silva indicated that he had held meetings with (1) the Planning Board, (2) Town Department Heads and staff, and (3) the School Committee. From these meetings, it became clear that traffic is and will be a major focus. Mr. Silva indicated that extensive analysis has been completed by his traffic experts and, to allow the Council time to hire its own independent traffic consultant to review the project, a one month continuance was being urged. Although the Council did not indicate that it was going to seek such an independent consultant, the continuance was granted on a unanimous vote.

Beach Subcommittee Chairman Scott McLeish presented the recommendations of the Third Beach Building Committee to construct a 30' x 60' concrete block building at the former Navy Beach. The total cost of this project is estimated at $171,000 including $36,475 building, $35,000 deck repair, and $72,000 parking lot. Referred to as "not extravagant", the building will include restrooms, first aid station, office space, storage area, and a section for vending machines. The cost of this project will be funded "out of the beach fund" but spread out over two or three years by borrowing $100,000 which is the limit not requiring voter approval. President Andrade moved and the Council unanimously authorized the Administrator to seek CMRC approval and solicit bids for construction.

President Andrade then proposed to make the former Navy Beach a Residents Beach "free of charge to all residents of the Town of Middletown". Councilmen John Alofsin and Arleen Kaull were reluctant to endorse this proposal suggesting that chaos will result as residents fight to obtain these free 100 parking spaces and avoid parking fees at the rest of Third and Second Beaches. Resident Ronald Santa spoke in opposition to the proposal stating that a small minority of taxpayers will benefit, that this small minority of taxpayers already receives a benefit (reduced beach sticker fees), while a larger majority of taxpayers (transfer station sticker purchasers) have added costs. The Administrator and Solicitor were unanimously directed to look into the matter and report at the next Council meeting.

As requested, Town Administrator Michael Embury submitted a financial statement of the Burial Fund ($201,191 fund balance) and the Council Cemetery Subcommittee submitted a report of proposed plans and expenses. The Council then unanimously enacted a moratorium on the sale of burial lots at the existing $75 price and proceeded to discuss raising this fee. President Andrade suggested a $200 resident and $500 non-resident fee whereas Councilmen Kaull and McLeish argued for $300 and $400 respectively Councilman Kaull indicated that $300 is "not a lot of money, after all, beach stickers are almost there." [Editor's Note: beach stickers are $35]. In the end the Council approved the $200/$500 fees on a 5-2 vote with Councilmen Kaull and McLeish opposed.

The Council unanimously reappointed Alan Kirby as the Town Tree Warden. Also unanimously the Council reappointed Dennis F. Klodner and A. Eric Offenberg to the Middletown Planning Board.

In a verbal report, Administrator Embury related the expenditures for State highway construction and design: $1M 1997 East Main Road paving, $76K Old Colony railroad work, and 1996 design of Two Mile Corner and East Main Road & Aquidneck Avenue intersections. Administrator Embury then raised the issue of "points for residents" on written exams for town job applicants. The Council then directed that an ordinance be prepared for the next meeting similar to the "point award" granted by the City of Newport.

The Council recessed at 8:10 pm in order to hold a closed-door Executive Session to discuss "collective bargaining."

EDITORIAL

The Middletown Newsletter began publishing on December 3, 1986 reporting on the first meeting of the new Council presided by President Mary Roderiques. Thus, at the end of the current Council presided by George Andrade, the Middletown Newsletter will have been published for ten years and would have reported on the actions taken by five separate Councils.

It has been a rewarding experience publishing this newsletter but for a variety of reasons, I must reluctantly cease its publication at the end of the current Council. Thus, the last issue of the Middletown Newsletter will report on the Council meeting of November 4, 1996. Subscriptions which expire this year will have renewal rates pro-rated for the remaining portion of the year.

I wish to thank all those who have subscribed and supported this newsletter during the decade of its existence.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council made no decisions and took no action in the Executive Session and simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 9:10 pm.

Volume V-29 Published: 2/21/96

MIDDLETOWN TOWN COUNCIL MEETING 2/20/96

President George Andrade called the meeting to order at 7:04 pm. Councilman Michael Kehew was absent, and ten residents were in attendance.

The five item Consent Calendar was approved and adopted without comment or debate. Among the Consent Calendar items were the purchases of 79 burial lots by twenty-three petitioners at the old fee of $75. Editor's Note: The Council's decision to increase burial lot fees obviously spurred sales resulting in the near exhaustion of plots in the main section and nearly requiring the opening of a new section of land.

A Public Hearing was conducted for the rezoning of Lot 508A, Plat 114 from Residential (R10) to Limited Business (LB) at the request of the Newport County Chapter of Retarded Citizens in order to construct a 7500 sq. ft. building to be used for office space and vehicle maintenance. Attorney Laurent Rousseau, believing the meeting began at 7:30 pm, arrived late necessitating the engineer to begin the presentation for the developer. The Middletown Planning Board had unanimously recommended approval of this project but with two restrictions, and Roy Anderson, Director of Water Department, had written a letter expressing four restrictions which should be incorporated in any zoning change. Attorney Rousseau indicated that the developer had no objection to most of the conditions but since a primary use of the new facility will be to provide routine maintenance of its fleet of 45 vehicles, Mr. Anderson's request to ban oil changes would be a hindrance. Attorney Rousseau suggested that the Council not restrict oil changes but instead allow the Zoning Board to review this issue since a Special Exception granted by that Board will be needed before any vehicle maintenance can be performed. The Council then amended the petition to included all recommended restriction, minus oil change, as follows: (1) no building closer than fifty feet to abutter, (2) no increase in parking lot impervious surface nor increase in water runoff from property, (3) best management practices be used during construction, (4) no vehicle washing or cleaning runoff to enter Bailey's Brook, and (5) prohibit heavy maintenance of vehicles ("whatever that is") but allow routine maintenance. At the suggestion of Councilman Arleen Kaull, a restriction was added to provide a double row of evergreens within a 25-foot buffer zone along the entire boundary line adjacent to residential property. Councilman John Alofsin then suggested a restriction to limit future use of this property to similar uses by a non-profit agency. After all amendment restrictions were approved, the Council unanimously received the petition, as amended, on its first reading and will likely adopt the ordinance at the next Council meeting. The Council then referred the Water Department's letter to the Zoning Board with a note to pay particular attention to the issue of oil changing.

Town Administrator Michael Embury explained various portions of the monthly financial report and the Fiscal 94/95 Audit Report. Administrator Embury indicated that (1) he has enacted a spending freeze for the remainder of the current year, (2) that snow removal has placed a $21,000 pressure on the budget, (3) that a tax sale will be held for delinquent taxpayers who have not paid up to the second quarter, (4) town employees now total 110 which is down from the previous year's total of 128, and (5) total revenues for fiscal 94/95 were 102% of budgeted amount. Teresa Santos, Middletown Concerned Citizens Association, requested a copy of the audit report but Administrator Embury explained that, as a cost saving measure, extra copies have not been printed and one copy is available in the Middletown Public Library. President Andrade then directed the Administrator to provide the group with a free copy.

As requested, Administrator Embury presented the Council will potential language to provide for a point award system for residents seeking Town employment. President Andrade suggested that a five-year residency be required and that the ten point award be instituted at the end of the process, after all exams (written, physical, and oral) have been administered. The Council then directed the Administrator to prepare an ordinance for a future Council meeting.

The issue of manpower help for the Town Clerk's Department and Municipal Court was again before the Council [Middletown Newsletter V-27] with Administrator Embury recommending a union position of 20 hours per week from March 1 to November 30. The Council was nearly unanimous in opposition to the hiring of a union employee; however, Administrator Embury cautioned the Council that the union would likely file a grievance and seek redress with the State Labor Board if a non-union, temporary employee was hired. The Council then directed the Administrator to discuss this matter with the union and the Solicitor and report all possible options at the next Council meeting.

Town Solicitor Michael Miller reported that his research had found no obstacle to the Town creating a free beach at Third Beach nor any prohibition to charging "any reasonable fee" for nonresidents. President Andrade then proposed three motions which were unanimously adopted: (1) the Navy Beach and Boat Ramp sections of Third Beach be free to all residents, (2) the Navy Beach section of Third Beach be for "Residents Only", and the Navy Beach section hereafter be designated as "Middletown Town Beach". Councilman William Flynn proposed a non-resident sticker fee of $70 separate from the sticker for Second Beach. Councilman Matthew Kirby responded that this additional fee would be "unneighborly" and would "generate ill-will" with other Aquidneck Island residents. The non-resident sticker fee for Third Beach was defeated on a 3-3 vote with Andrade, Kirby, and McLeish opposed. Nonresidents will be required to purchase only one sticker and will have access to both Second and Third Beaches. Residents who purchase a Second Beach sticker will be allowed to use Third Beach and Middletown Town Beach without the necessity of obtaining a second sticker. Residents who only want to use the Middletown Town Beach will be given a special diamond-shaped sticker.

The Council unanimously appointed Dr. Scott E. McDowell to the Conservation Commission to complete the term of Michael J. Phillips who has resigned - this position will expire in July 1998. Bridget Keefe was unanimously appointed to the Middletown Board of Canvassers.

The Council recessed at 9:56 pm in order to hold a closed-door Executive Session to discuss only "land acquisition", although the printed announcement included "personnel" and "collective bargaining".

EDITORIAL

Although Solicitor Miller informed the Council that non-residents could be charged a reasonable fee while residents could be allowed free at Third Beach, half the Council decided that a separate fee for non-residents at Third Beach should not be enacted. Thus, the Middletown taxpayer is left to fund Third Beach and its improvements while non-residents get a free ride. Councilman Kirby stated that any fee would be "unneighborly" and "create ill will" with other Aquidneck Island residents. The Middletown Newsletter would like to remind the Middletown Town Council that it is elected to represent the residents of Middletown, not the residents of Newport and Portsmouth.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened: (1) authorized the purchase of 14 acres of Murphy property on Wyatt Road for not more than $250,000 (2) adjourned at 10:50 pm. The Council's intention is to construct recreation ballfields; however, the Town might resell the land for golf course purposes or use it for any other Municipal purpose in the future.

UPCOMING MEETING

School Committee & Legislators Monday February 26 6:00 pm

Volume V-30 Published: 3/5/96

MIDDLETOWN TOWN COUNCIL MEETING 3/4/96

A quorum was not present at 7:00 pm as only President George Andrade and Councilmen John Alofsin and Arleen Kaull were in attendance. Councilman William Flynn arrived at 7:01 pm and Councilman Michael Kehew arrived at 7:03 pm. President Andrade called the meeting to order at 7:05 pm. Councilman Matthew Kirby arrived shortly after roll call, whereas Councilman Scott McLeish remained absent. In attendance were 20 residents, a bunch of lawyers, and three Girl Scouts and their leaders.

The meeting began with President Andrade reading a Proclamation declaring March 9-15 as Girl Scout Week in the Town of Middletown. The Scouts then distributed a box of cookies to each councilman and members of the Administration as is the yearly custom.

The liquor license transfer for Purgatory Associates (Inn at Newport Beach) was finally resolved (temporarily) as the petitioner requested the matter be removed from the docket. The Bankruptcy Court has not yet heard the case and is seeking additional information and the petitioner suggests that a new petition will be filed after the matter has been resolved in the Court. A Public Hearing, however, was held for the BV license transfer from Island Beaches to McEllin's Pub. The new facility will be an "authentic Irish pub" with two bars on the lower floors and a 60 seat restaurant on the third floor. Entertainment will consist of duos and DJ's playing "acoustic and traditional" music. With no opposition being posed at the hearing, the Council unanimously granted the transfer but cautioned the new owner to maintain the noise level so as not to aggravate the neighborhood.

Two of the four items on the Consent Calendar received additional scrutiny. Councilman Kaull made note of the "progress made on health care" with the Police contract which contains a 20% copay for new employees. Councilman Alofsin encouraged citizens to take a look at the contract and offer suggestions to the Council for future contracts.

Lt. Barry Smith reported the progress of the Police Parade to occur on May 5th. Senator Pell will be the Grand Marshall with the parade beginning at 11:00 am along a route beginning at the People's Credit Union and concluding at Washington Square. Traffic will be detoured through the Navy Base via the Gate 17 Access Road. The Parade Committee is seeking in-kind services from the Town consisting of 8 police officers and 4 Park employees for litter patrol. Councilman Kaull strongly suggested that the Police be asked to donate their services but received the reply that "No one volunteers today."

The Council unanimously approved the rezoning of Lot 508A, Plat 114 from Residential (R10) to Limited Business (LB) for the Newport County Chapter of Retarded Citizens with eight restrictions discussed in the Public Hearing [Middletown Newsletter V-29].

The long delayed rezoning hearing for Lot 198A Plat 113 (Drive In Theater) from LBA & R20 to General Business (GB) to accommodate the construction of a BJ's super store was again continued for another month until the April 15th meeting. This continuance was requested by Attorney Robert Silva because the proposed developer was ill with the flu.

Town Administrator Michael Embury proposed and the Council unanimously received on its first reading an ordinance to prohibit ALL parking on Town roads during a snow emergency. This ordinance will likely be adopted at the next Council meeting. The Council also unanimously received on its first reading, the new ordinance for beach fees which identifies free parking at the Middletown Town Beach.

The ten point residency bonus ordinance for Town applicants was received on its first reading on a 5-1 vote with Councilman Kehew opposed. Councilman Kehew's opposition brought forth the ire of Councilman Kaull who pressed him for a clarification. Explaining that he believes it to be "bad policy", Councilman Kehew asked the Administrator to provide data on past examinations and the impact of a ten point versus a five point bonus. This issue is likely to be debated and passed at the next Council meeting.

The increased fees for burial lots became legal upon the unanimous adoption of the ordinance on its second reading. Town Administrator Michael Embury then inquired of the Council what definition of "resident" should be used for applicants since many recent applicants are attempting to qualify for the $200 resident fee rather than the non-resident $500 fee. Not wanting to tackle this complicated matter directly, the Council directed the Administrator to establish a policy definition of a "resident" for future Council consideration. Until such definition is approved by the Council, only property owners and existing residents will be allowed to purchase burial lots at the resident fee.

The Council unanimously donated $200 to the Navy League for the commissioning ceremonies of the coastal minehunter USS Black Hawk on May 11th.

Two non-docket items were raised with no official action taken on either. Councilman Kehew related the issue of last year's party house in the Town and the likelihood that it will occur again this year. Councilman Kehew wants to adopt an ordinance similar to Newport's party house ordinance - even if it is unconstitutional. Councilman Kaull stated that the State Legislature will be considering allowing convenience stores to sell beer and wine. Since this would increase from four to twenty-five, the number of stores capable of selling this alcohol in the Town, Councilman Kaull is personally taking action to oppose this legislation.

Since an Executive Session was not announced, nor even scheduled, the Council simply adjourned at 8:46 pm and the lights in the Town hall were turned off.

EDITORIAL

Middletown changes its fees for burial lots so as to include a cheaper price for residents and applicants with tenuous ties to the Town attempt to purchase lots at the cheaper resident fee. Surprise, surprise. Now the Administrator is tasked to define a "resident."

But what definition should he use? Should he use the definition associated with the ten point bonus award for hiring purposes which requires a resident to be a "resident for five consecutive years."? If so, a four year resident who dies in the Town must be assessed the non-resident fee for a burial lot.

Perhaps Administrator Embury should use the definition of a resident used to obtain a $35 residential beach sticker which includes any non-resident taxpayer and any vacationing person who leases a Middletown residence!

The problem that the Town has encountered with applications for burial lots is only the tip of the iceberg. Wait until the announcement is made for residents to come and get their FREE stickers for use at the Middletown Town Beach. Imagine the resourceful applicants who will claim Middletown residency! The Council has created this nightmare and passing the buck back to the Administrator to establish a definition was a politically gutless act.

The Middletown Newsletter proposes the following definition that should be used to establish residency. A resident should be a person who VOTES in the Town of Middletown, who LIVES in the Town of Middletown for more than six months of any given year, and who registers ALL his cars in the Town of Middletown. All others should be considered non-residents and should be required to pay the higher fees.

Volume V-31 Published: 3/19/96

MIDDLETOWN TOWN COUNCIL MEETING 3/18/96

President George Andrade called the meeting to order at 7:04 pm. Councilman William Flynn was absent at roll call but arrived shortly thereafter. In attendance were ten residents and a Boy Scout earning his Citizenship Badge.

The Consent Calendar was received and adopted without comment or debate.

The Council unanimously gave its approval for a unique Victualling House License for Automax, Inc., 1199 West Main Road (former Ponderosa). Attorney Thomas Wygand, representing the owners, indicated that this used car dealership will have a "new ambiance" and will provide free coffee, donuts, and cold sandwiches to its customers and passersby. In another licensing matter, the Council unanimously approved an extension to the KJ's Pub Amusement License which will allow larger musical groups to play on Friday and Saturday evenings as they are allowed to do now on Sunday afternoons.

The most contentious and debated issue of the evening was the attempt to define a "Resident" for the purpose of providing reduced prices for burial lots, beach stickers, and access to the transfer station. At the last meeting, the Council asked the Administrator to provide a definition of a resident to be used for these items [Middletown Newsletter V-30]. Town Administrator Michael Embury provided a description of the current policy of resident definitions for beach and transfer sticker issuance and listed four possible options for the Council to use for burial lot reduced rates for residents.

The Council began by discussing the definition of resident for the purpose of beach stickers. Current policy defines a qualifying resident as an individual who satisfies one of the four following conditions: (1) Middletown Real Estate tax bill or receipt showing taxes paid, (2) Automobile registration with Middletown address, (3) NETC personnel assigned to Capehart, Greene Lane and/or Anchorage Housing, and (4) Non-residents who have a valid three consecutive month lease between May and September. President Andrade "liked everything accept the three month lease" and Councilman William Flynn suggested that item #3 should be expanded to include all military personnel residing in the Town not just those residing in Navy housing. Resident Ronald Santa suggested that since the sticker was ONLY for parking a vehicle at the beach, it should be the vehicle's registration and personal property tax on the vehicle paid to the Town of Middletown which should qualify an individual for reduced resident rates. In addition to item #2, Mr. Santa suggested that item #3 (and its expansion) should be allowed since military personnel are exempt from having to register their vehicles in the cities/towns where they are stationed. However, item #4 should not be allowed, according to Mr. Santa, since cars not registered in the Town do not share in the property tax payments. Furthermore, if someone resides in the Town for over 30 days, they are required to register their vehicles here and thus legally would qualify under item #2. As for item #1, Mr. Santa objected to this category since it primarily contains "Snowbirds" who register their cars in Florida and thus pay no personal property on vehicles at all ( none to the Town and none in Florida since vehicles are exempt). Since Snowbirds already receive a considerable tax benefit (pay no taxes), Mr. Santa urged the Council not to give them reduced beach stickers. Councilman Arleen Kehew stated that Mr. Santa was "absolutely right" and Councilman John Alofsin agreed that he "had made an eloquent point". However, Councilman Flynn made a motion to alter item #4 to require a 12 month lease for non-residents, expand item #3 to include any military personnel, and to leave items #1 and #2 unchanged. This motion passed on a 4-3 vote with Councilmen Alofsin, Kaull, and Kehew opposed.

The issue of residency then proceeded to the definition for the purpose of using the transfer station. After some discussion, it was decided to leave the existing policy unchanged which technically includes "individuals living in a Middletown residence with a vehicle registered to the same address"; however, Snowbirds and other transients are given access on a case-by-case basis. Finally, the definition of a resident to be used for reduced fee burial lots was discussed. Councilman Flynn flirted with a motion but finally gave up in exasperation. In the end, Councilman Kaull proposed, and the Council unanimously adopted, the definition as anyone "owning residential property or living in the Town year round."

An ordinance for Economic Development Incentive Program was before the Council on its second reading and was about to be adopted when it was discovered that the version printed in the docket was not the proper document but instead an earlier draft. The Council was going to continue the matter until the next meeting but decided to unanimously adopt the ordinance anyway since the correct document had been submitted at the last meeting on its first reading.

The ten point residency bonus ordinance for Town applicants was adopted on its second reading on a 5-2 vote with Councilmen Alofsin and Kehew opposed. Councilman Kehew believes that "an artificial advantage does not make sense", whereas Councilman Alofsin believes that a "resident should get something but ten points may be too much." Councilman Flynn, on the other hand, was quite emphatic in support of the ordinance declaring that "I don't even care if all other things are equal, Middletown residents are preferred."

On its second reading an ordinance to prohibit ALL parking on Town roads during a snow emergency was adopted unanimously. Also on its second reading, the new ordinance for beach fees which identifies free parking at the Middletown Town Beach was adopted unanimously.

At the urging of Building Inspector Jack Maloney, the Council voted to reinstate the position of assistant inspector which had become vacant with the retirement of Lawrence Liptak. The vote was 6-1 with Councilman Kaull opposed. Describing the vote as "unbelievable", Councilman Kaull indicated that the Council had decided in Executive Session to share the burden of reduced staff on all Town Departments and thus believes that this restaffing in the Building Inspector Department is a retreat from that position and a slight to other departments.

The Council recessed at 9:08 pm in order to hold a closed-door Executive Session to discuss "litigation and collective bargaining."

EDITORIAL

Had the Council wanted to impose some logic in the definition of a resident for various reduced fee services, it could have done so. Since it is people who will use the burial lots, a resident fee should be offered to any PERSON residing in the Town. Since it is trash which is taken to the transfer station, a resident sticker should be given to Middletown generated TRASH. And since it is vehicles which are charged for parking at the beaches, a resident sticker should be given to only vehicles which are REGISTERED in the Town.

However, it is obviously not logic which the Council wants to use to define a resident but instead perks and influence. Councilman Kirby uses vehicles which are registered to his Newport company and doesn't want to be excluded from his resident sticker (although not paying personal property tax on these vehicles to Middletown). President Andrade wants to provide the "benny" to the Snowbirds for whatever political gain this might bring. Councilmen Flynn and McLeish did not indicate reasons for their decisions but it probably amounts to one or the other - perk or political gain.

Thus, the Council has offered reduced fees to a large number of unworthy recipients (unworthy in the eyes of the Middletown Newsletter) with the result that the hard-working Middletown taxpayer will have to make up the loss in revenue.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council made no decisions and took no action in the Executive Session and simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 9:25 pm. The Council discussed only collective bargaining during the Executive Session and had no discussion on litigation although it was scheduled and announced.

Volume V-32 Published: 4/1/96

MIDDLETOWN TOWN COUNCIL MEETING 4/2/96

Preceding the regularly scheduled meeting was a Special Meeting in which Town Administrator Michael Embury presented his proposed budget for next year. The dates for various workshops and public hearings on the budget will likely be established at the April 15th Council Meeting. Following the conclusion of the Special Meeting, President George Andrade called the regular meeting to order at 7:02 pm. Councilman John Alofsin was absent, and twelve residents were in attendance. President Andrade began the meeting by announcing that Tom Kogut, WADK reporter, had accepted the job of WPRO-AM news director in Providence.

With Councilmen Flynn and Kirby recusing themselves on a minor item and Councilman Kaull asking a question on another item, the Consent Calendar was received and adopted without debate.

In June 1995, the Council denied a personal property tax abatement in the amount of approximately $70 to the Newport Music Festival instead suggesting that the Town would support a nonprofit tax exempt petition to the State Legislature [Middletown Newsletter V-15]. Appearing on this docket for consideration by the Council was a resolution authorizing Senator June Gibbs to introduce legislation which would exempt up to $100,000 of real, mixed, and personal property for the Rhode Island Arts Foundation at Newport, Inc. Councilman Arleen Kaull suggested that the requested amount was too much and the matter was referred to the Administrator for revision to a smaller amount and limited to personal property only.

Councilman Michael Kehew introduced the topic of the tax revaluation process in the hope of establishing a workshop. A number of taxpayers who have successfully been awarded reductions in assessment by the Board of Review for a given year have found that the reductions have not automatically been incorporated in subsequent years but instead assessments have returned to the original value. In what is clearly a Catch 22 situation, the law allows the Tax Assessor to do this since the taxpayers had not filed paperwork for these subsequent years. Councilman Kehew finds the process to be "repugnant" and suggests the "law may be flawed" since the appeal process has taken three to four years for most of these cases. In the end, the issue was dropped and no workshop was established. Editor's Note: The 1999 reevaluation cannot come fast enough for this Council which expects it to eliminate the headaches over assessments; however, it is instead likely to aggrevate the headaches to migraine proportions!

Councilmen Alofsin and Kaull had placed on the agenda the topic of the Police Parade. Since Councilman Alofsin was absent, Councilman Kaull was alone in voicing concern that "not a single officer would donate his time" for the Police Parade. In attendance was the Police Union Representative who stated that "volunteering is a violation of state employment practices." President Andrade then announced that the Parade Committee had agreed to pay for the police detail. President Andrade then moved and the Council unanimously voted to donate $800 from the President's Discretionary Fund to the Parade Committee. Additionally the Council unanimously approved in-kind services from the Parks & Recreation Department for cleanup and other assorted services. In the interest of safety, the Parade Committee asked the Council to ban all venders from the parade since children run into the street seeking the vendors' wares, in front of the moving parade vehicles. President Andrade asked for a different solution since venders are a big part of the parade experience. The Administrator was directed to work with the Committee to find a suitable and safe compromise.

Town Administrator Michael Embury provided verbal reports on a number of topics. Regarding the part-time clerk position, he suggested that the matter will be discussed in Executive Session. The Third Beach Building will likely be approved at the Coastal Resource Management Committee hearing on April 9th and solicitation for construction bids will follow. Road paving is continuing in the Town with Wolcott Avenue scheduled to be completed within two weeks. The tax sale is on schedule.

With Joseph D. Sandonato not seeking reappointment to the Middletown Zoning Board, President Andrade moved and the Council unanimously approved the following appointments: Paul M. Rodrigues for a five-year term, Reginald J. Nalle as First Alternate, and John West as Second Alternate.

President Andrade proposed the establishment of a joint Town/School Committee to meet on a regular basis, monthly or bimonthly, to discuss common problems and solutions. No defined membership was established but attendance was suggested to be unlimited. Editor's Note: The Open Meeting Law might prohibit such an informal gathering of elected officials without a published formal agenda.

The Council recessed at 8:07 pm in order to hold a closed-door Executive Session to discuss "collective bargaining."

EDITORIAL

While wishing the best for Tom Kogut in his pursuits at WPRO, the Middletown Newsletter regrets his loss from the local scene. Tom's tireless pursuit of island-wide meetings has enabled many citizens to keep abreast of the happenings in our community without the need to attend long and tedious meetings themselves. It is difficult to imagine that his replacement at WADK will be able, or willing, to donate so much time and energy and therefore it is likely that radio news coverage will surely diminish. Best of luck Tom, we will miss you.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council took the following action when it reconvened: (1) voted to hire a part-time union clerk until November 30th and will reassess the situation then, (2) voted to seal the minutes of the Executive Session, and (3) adjourned at 8:26 pm.

Volume V-33 Published: 4/16/96

MIDDLETOWN TOWN COUNCIL MEETING 4/15/96

A quorum was not present at 7:00 pm as only President George Andrade and Councilmen John Alofsin and William Flynn were in attendance. Councilman Michael Kehew arrived at 7:03 pm, and President Andrade called the meeting to order at 7:07 pm. Councilmen Arleen Kaull, Matthew Kirby, and Scott McLeish were absent. In attendance were 40 residents.

The Consent Calendar was received and adopted with Councilman Flynn recusing himself on a minor matter and President Andrade assuring himself that the Sports Ticket had received proper notice of keeping windows and doors closed when musical entertainment was being provided.

Two Peddlers/Hawkers Licenses (13 vendors) were unanimously approved for the Police Parade. Since the Parade Committee did not return calls regarding a compromise solution, President Andrade suggested that "they couldn't have had a great concern" and moved to grant the licenses [Middletown Newsletter V-32]. The Council did, however, unanimously vote to ban the sale of "Silly String" in an effort to protect the Mummers costumes. Town Administrator Michael Embury was directed to discuss with the Parade Committee suitable site locations for the vendors.

Town Planner Charles Silvia submitted for Council consideration a Small Cities Community Development Block Grant of $453,100 to provide Federal funds for eighteen projects. The application will go to the State and a determination will be made as to which projects get funded. Several individuals spoke on behalf on their own project. Resident Jackie Marshall asked why only $6800 was being requested for Acoustical Improvements at the Senior Center when the Capital Improvement plan for the Center contains over $22,000 in needed repairs and upgrades. However, Loretta Roggero spoke for the Senior Citizens Center Board of Directors indicating that the capital improvement plan was a list of objectives covering the years through 2001. She further stated that "we are very grateful for any funds given us" and "we might even pay for some of the items ourselves." With everyone agreeing that all the items were worthy, the resolution was unanimously passed authorizing the submission of the total grant.

The long delayed rezoning hearing for Lot 198A Plat 113 (Drive In Theater) from LBA & R20 to General Business (GB) to accommodate the construction of a BJ's super store was continued yet again for another month until the May 20th meeting. This continuance was requested by Attorney Robert Silva citing delays in dealing with the State Department of Transportation (DOT).

A new resolution was on the docket seeking a tax exempt status for the Rhode Island Arts Foundation at Newport, Inc. for personal property ONLY [Middletown Newsletter V-32]. Representative Bruce Long spoke, neither supporting nor opposing the resolution, but stating that it has been the "creation of tax exempt status over the last twenty years which has created the problem of excessive tax exempt property such as occurs in Newport" and reminded the Council that "the rest of the taxpayers must pick up the slack (of tax exempts)." The Council unanimously approved the resolution which will now be submitted to the RI Legislature by Senator June Gibbs.

With fourteen invitations to bid being sent, the Town received only one bid for the mobile concession at Sachuest Beach (West End) and Third Beach (Boat Ramp). The Council thereupon unanimously awarded the contract to Del's Lemonade (LongAde, Inc.) for the total amount of $12,200 for the next two years.

President Andrade proposed a resolution seeking support from other cities/town to ask the RI Legislature to help keep the Pawtucket Red Sox in Rhode Island. The proposed resolution was amended to delete references of using Lottery Funds and to include language of "without placing a burden on the RI taxpayer." Representative Bruce Long spoke and indicated opposition to the original wording and suggests that a voter referendum should be conducted if any State monies were to be used. Councilmen Alofsin and Kehew also expressed concern about using any taxpayer money to benefit a for-profit enterprise. With the amendments, however, the resolution was adopted unanimously.

Recognizing the unpaid volunteer efforts of many Middletown citizens, President Andrade introduce two proposals. A resolution expressing thanks to members of the Economic Advisory Committee for their work and support in the newly implemented Economic Incentive Ordinance was unanimously approved. Councilman William Flynn was selected as Chairman of a Committee to establish a Town Board Appreciation Night to thank members of Town Boards and Commissions. No additional members were assigned to Councilman Flynn's Committee at this time.

Paul LaMond, Middletown Tree Commission, reported to the Council that tree planting will occur around Arbor Day primarily focusing on the Two Mile Corner area where approximately 25 donated trees will be planted. Also reported was the completed project of planting donated trees at the Middletown Playground at Linden School.

Town Administrator presented a verbal report on six items: (1) Bulky waste pickup this week, (2) Wolcott Avenue repaving this week, (3) Beach stickers available at Town Hall on May 13-19 between 10:00 am and 4:00 pm, (4) Salt Water Fishing Club seeking annual $50 donation, (5) CMRC gave approval to Third Beach construction - construction bid specifications are being prepared, and (6) Town will repair damages caused by snow plows next week. Teresa Santos then inquired as to the computer consultant report. In a terse reply indicating that this topic was not on the agenda, Administrator Embury stated that a first draft of the report will be available on April 23rd.

Under suspension of the rules, the Council received a length contract for the purchase of the Murphy property on Wyatt Road to be used for soccer fields. After a short delay in which Councilmen Alofsin and Kehew scanned the document, the Council unanimously approved the purchase contract.

The Council recessed at 8:30 pm in order to hold a closed-door Executive Session to discuss "litigation and collective bargaining." Dates were not established for various workshops and public hearings for next year's budget.

EDITORIAL

Although the purchase of the Murphy property on Wyatt Road seems to be a worthwhile project with no opposition, the Middletown Newsletter objects to the Council's "secretive" procedure in this matter. All previous discussions on this item had been conducted in close-door Executive Session as is allowed and legal by the Open meeting Law. In fact the only public discussion on this matter occurred late in the evening of February 20, 1996 where the Council voted to authorize the purchase of 14 acres of Murphy property on Wyatt Road for not more than $250,000 [Middletown Newsletter V-29].

Ideally the public would get its first view and have its first say on this purchase when the final contract came before the Council at a regular Council meeting. However, instead of placing the contract on a normal agenda, this Council decided to accept it "under suspension of the rules" and then proceeded to vote approval. No resident was therefore allowed to view and comment on the expenditure of $250,000 of taxpayer monies.

Aggravating this insult is the Council's expressed statement that this property could be used for golf course purposes [Middletown Newsletter V-29, "In The Dark of the Night"]. This project is probably very good for the Town and there has likely not occurred any hanky-panky; however, the haste and secretive nature which the Council employed makes one pause to consider.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council did not discuss litigation matters and took no action on collective bargaining matters but simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 8:40 pm.

Volume V-34 Published: 5/7/96

MIDDLETOWN TOWN COUNCIL MEETING 5/6/96

A quorum was not present at 7:00 pm as only President George Andrade and Councilmen John Alofsin and Scott McLeish were in attendance. Councilmen Arleen Kaull, William Flynn, and Matthew Kirby arrived at 7:06 pm, and President Andrade immediately called the meeting to order. Councilman Michael Kehew was absent at roll call but arrived six minutes later. In attendance were 12 residents.

Acting as a Board of License Commission, the Council ordered advertised for public hearing a new BV liquor license for Asia Island Restaurant at 823 West Main Road.

The four item Consent Calendar was approved and adopted without comment.

The April Monthly and Third Quarter Financial Reports were received. Town Administrator Michael Embury described the projections for the end of the year as "very close" with an estimated $45K-75K surplus. Councilman Kaull expressed pleasure in the reports stating that it appears that the Administration has "held expenses down" in this tight budget. One note of dismay raised by Councilman Kaull and President Andrade was the seemingly high expenditures in some areas of the beach budget. The Administrator announced that beach stickers will be available May 13-19 at the Town Hall.

In a letter to the Council and speaking directly, Jacqueline Marshall suggested the Town adopt a Homestead Exemption for senior citizens whereby citizens over the age of 65 years would not be required to pay taxes to support the school system. She suggested that the exemption is not significant since only approximately 500 seniors would qualify. Stating that seniors have a "serious dilemma" and that she "does not want to move to Florida", Jacqueline Marshall said that "we've lived here for thirty years and we have already paid [for the school system]" and now "they are talking about a Teen Center!" Resident Ray Curran, 78 years old, also spoke on the difficulty of seniors keeping their homes and paying taxes. Editor's Note: Jacqueline Marshall's letter was somewhat confusing. Although she used an organization letterhead, she signed it as as a "member". Was she speaking on behalf of the Middletown Concerned Citizens Association or as an individual?

The Council was not too eager to adopt such a Homestead Exemption which would result in transferring the tax burden onto other taxpayers. President Andrade did express interest in dialoguing with the Middletown Concerned Citizens Association and supported the concept of the state paying more for schools and using income tax to fund it rather than the property tax. President Andrade and Councilman Kaull repeatedly asked if the requested exemption would be for all seniors or only based on financial need indicating that they could support the latter but not the former. Jacqueline Marshall pressed each Councilman to comment on the proposal and suggested that the Republicans were reneging on a six year old pledge to help the elderly. Councilman Kehew took exception to the latter remark indicating that during the past years, a Senior Citizens Center has been built and the exemption for senior citizens has been doubled.

The Council unanimously approved a $50 donation for trophies to the Sachuest Salt Water Fishing Club and a $100 donation to the Post Prom '96 Committee. Both donations were taken from the President's Discretionary Fund which President Andrade indicated had "plenty of money left" since he has been "very frugal."

The Council then established dates for budget hearings (see below) and recessed at 8:00 pm in order to hold a closed-door Executive Session to discuss "litigation and collective bargaining." Editor's Note: as indicated below, the Council spent far more time unanimously approving two settlements in Executive Session than the entire length of the reularly scheduled meeting.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council did discuss collective bargaining matters and took the following action when it reconvened: (1) unanimously voted to accept settlements in two tax assessment cases - Gromley and 1747 West Main Road, Inc., (2) voted to seal the minutes of the Executive Session, and (3) adjourned at 9:47 pm.

BUDGET WORKSHOPS and PUBLIC HEARINGS

Computer & Library Tuesday May 21 6:30 pm Town Hall

School Committee & Other Thursday May 30 6:30 pm Town Hall

Budget Workshop Saturday June 8 8:00 am Town Hall

First Pubic Hearing Tuesday June 11 7:00 pm Town Hall

Second Public Hearing Thursday June 13 7:00 pm Town Hall

Volume V-34 Published: 5/7/96

MIDDLETOWN TOWN COUNCIL MEETING 5/6/96

President George Andrade called the meeting to order at 7:03 pm. Councilman Matthew Kirby was absent at roll call and arrived six minutes before the Council adjourned. Councilman William Flynn was absent, and ten residents were in attendance. At a total elapsed time of twelve minutes, this was the second shortest meeting ever conducted. The shortest meeting (nine minutes) was also conducted by Mr. Andrade but as Vice Chairman on February 18, 1987 [Middletown Newsletter I-6].

Acting as a Board of License Commission, the Council ordered advertised for public hearing two liquor license matters: (1) transfer ownership of Howard Johnson's Restaurant and (2) expanded usage for outside tables for Coddington Brewing Company.

The four item Consent Calendar was approved and adopted without comment.

The Council order advertised for public hearing two Zoning Ordinance changes: (1) R20A to GBA for Kempenaar Real Estate, Inc. for property located east of High Street and (2) R40 to R30 Cluster Development for Ocean Ridge Subdivision off Green End Avenue.

The long delayed rezoning hearing for Lot 198A Plat 113 (Drive In Theater) from LBA & R20 to General Business (GB) to accommodate the construction of a BJ's super store was continued yet again for another month until the June 18th meeting. This continuance was requested to accommodate the recovering health of Attorney Robert Silva.

In a letter to the Council, the Maloney Lane residents complained of a "party house" in the neighborhood citing a number of problems with noise, litter, parking, and an unenclosed inground pool. Town Administrator Michael Embury related his discussion with the owner who declares "he's not running a party house" and the broken fence around the pool has been repaired. Since the neighborhood residents had not made any formal complaints to the Police Department, Councilman Arleen Kaull suggested that a letter be sent to the residents indicating that written documentation of the trouble will be required before the Council can take any action.

In a letter to the Council, Robert Remka, Algonquin Drive, expressed concern over the homeowners ability to pay taxes and urged the Council to carefully consider any tax increases in the next year. Councilman Kaull stated that "we are aware [of the problem] and I think we do our best [at keeping taxes low]." President Andrade stated that "we will keep the letter in mind when discussing the [upcoming] budget." Both councilmen publicly urged Mr. Remka to come to the public hearings on next year's budget on June 11 & 13.

As has been the Council's practice in the last few years, there will occur only one regular meeting in July to be held on July 22nd.

Without an Executive Session scheduled, the Council simply adjourned at 7:15 pm.

EDITORIAL

Although Robert Remka did more than most taxpayers by taking the time to write the Council a letter expressing his concern about tax increases, the proper forum for expressing his ideas are the Public Hearings on the budget in June. Attending such meetings admittedly takes even more effort that the sizeable effort to write a letter, but if taxpayers seek to control their government they must be willing to get involved, spend some time, and voice their concerns at the public forums.

BUDGET WORKSHOPS and PUBLIC HEARINGS

Computer & Library Tuesday May 21 6:30 pm Town Hall

School Committee & Other Thursday May 30 6:30 pm Town Hall

Regular Council Meeting Monday June 3 7:00 pm Town Hall

Budget Workshop Saturday June 8 8:00 am Town Hall

First Pubic Hearing Tuesday June 11 7:00 pm Town Hall

Second Public Hearing Thursday June 13 7:00 pm Town Hall

Regular Council Meeting Tuesday June 18 7:00 pm Town Hall

Regular Council Meeting Monday July 22 7:00 pm Town Hall

Volume V-36 Published: 6/4/96

MIDDLETOWN TOWN COUNCIL MEETING 6/3/96

President George Andrade called the meeting to order at 7:03 pm. Councilman Arleen Kaull was absent at roll call but arrived shortly thereafter. Councilman John Alofsin was absent, and seven residents were in attendance. This was the second consecutive Council meeting with a short agenda and only perfunctory business to perform.

Acting as a Board of License Commission, the Council held a public hearing for a new BV liquor license for Asia Island Restaurant. The new restaurant to be located in the former Video Etc. at 823 West Main Road will be owned and operated by Thanh Hoa N. Dinh and will feature Vietnamese and Chinese food. The 48-seat restaurant will offer no entertainment and will not have a full service bar but will instead provide liquor at each table with meals. Councilman William Flynn inquired as to the legality of a liquor license in close proximity to St. Lucy Church. However, since Chili's already has a license and is located closer to the church and since no one appeared in opposition to the license, the Council unanimously granted the application.

The three item Consent Calendar was approved and adopted with minor comment. As to the increased fees for Site Plan Review by the Eastern Rhode Island Conservation District, Councilman Kaull asked if the Town's Engineers would be cheaper. Town Administrator Michael Embury will compare rates and report the difference to the Council at the next meeting.

An application by J. Enterprises, Inc. for a 2:00am-6:00am victualling license sparked some discussion by the Council. It was speculated that the gas station at the SW corner of East Main and Valley Roads is intending to sell Dunkin Donuts, or other doughnuts after remodeling the two service bays into a MiniMart. Other rumors as to possible uses of the facility produced the question as to what the Council could do to control the business at this dangerous intersection. Town Solicitor Michael Miller explained that the Council had no control of the situation since the property is already zoned for business use; however, the Zoning Board may have a say in the matter, especially if a drive-up window is to be operated there. The Council unanimously approved the additional hours for a victualling license.

The Council received an enthusiastic letter from the Department of Transportation supporting the concept of installing a bicycle path along Burma Road. Both President Andrade and Councilman Michael Kehew stated that the letter is far more enthusiastic than either the Navy or DOT believes since "all it takes is money" which apparently doesn't exist anywhere.

The Council recessed at 7:23 pm in order to hold a closed-door Executive Session to discuss "litigation and collective bargaining."

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council made no decisions and took no action in the Executive Session and simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 8:06 pm. Editor's Note: this was another closed-door Executive Session which lasted longer than the regular meeting.

BUDGET WORKSHOPS and PUBLIC HEARINGS

Budget Workshop Saturday June 8 8:00 am Town Hall

First Pubic Hearing Tuesday June 11 7:00 pm Town Hall

Second Public Hearing Thursday June 13 7:00 pm Town Hall

Regular Council Meeting Tuesday June 18 7:00 pm Town Hall

Regular Council Meeting Monday July 22 7:00 pm Town Hall

Volume V-37 Published: 7/23/96

MIDDLETOWN TOWN COUNCIL MEETING 7/22/96

President George Andrade called the meeting to order at 7:06 pm. Councilman Matthew Kirby was absent, and thirty residents were in attendance.

Acting as a Board of License Commission, the Council held a public hearing for a new BL liquor license for Bumpers, 999 West Main Road. Owner Michael Fisher, representing himself, explained that the license is being requested for the convenience of customers who would like to have a beer while shooting billiards. The Council was concerned about alcohol being served in an establishment which has a number of youths (age 16 and up); however, Mr. Fisher has operated for six years without any problems. President Andrade cautioned the owner that if any problem were to develop, the Council could hold a Show Cause Hearing after which the license could be revoked. The Council thereupon unanimously approved the license with three provisions: (1) a non-drinking area within the establishment to be designated for the minor patrons, (2) all individuals to be carded before being served, and (3) no bar stools.

Five of the thirteen items on the Consent Calendar received additional scrutiny. Councilman Arleen Kaull questioned the minutes of previous meetings and the progress of Administrator reports receiving the reply that the information would be available at the next Council meeting. President Andrade noted that the Town had received $18,650 from the Federal Emergency Management Agency as a 75% reimbursement of the costs associated with the Blizzard of 1996. Resident Peter Faerber expanded upon his letter suggesting that Town fines be increased for automobiles which park within the fire lanes in shopping centers. The Council directed that a reply be sent to twelve-year-old Julia Wilson who had suggested that automobile drivers be retested every six years since there are so many "crazy" drivers in the Town.

The major item of the evening was a rezoning petition from Kempenaar Real Estates, Inc. for a change from R20A to GBA of property behind the Aquidneck Bowling Lanes on East Main Road. Attorney William W. Corcoran, representing the petitioner, indicated that the existing bowling alley would be demolished and a BJ's would be constructed on the site along with a facility for three other retail stores. As a benefit to the Town, the petitioner proposed to donate eight acres of land immediately south of the project to be used as a park which would double as an added buffer zone to the Haymaker residential neighborhood. Additionally, a water quality detention pond would be established within the park land which would service the water runoff from the project . This detention pond would result in a filtering of the water which currently enters Bailey's Brook from this area. Peter Merritt, real estate expert for the petitioner, stated that "the Town was in a unique position to receive positive benefits out of this commercial venture (park) and it would be a mistake to impose conditions regarding loading zones, traffic patterns, etc." Attorney Corcoran did not produce any conceptual plans or drawings of the project nor did he introduce a traffic expert to discuss the project; however, Attorney Corcoran objected to the Planning Board recommendation to ban access from Valley Road. The Planning Board had voted unanimous approval for this project with four qualifications, one being access only via East Main Road. Eight residents spoke in opposition to the project with Resident Ronald Santa expanding upon Councilman Kaull's frustration with the lack of any drawings or plans. Mr. Santa, stating that he was in favor of a BJ's in Middletown, dubbed this project as "Stealth Plans" and suggested that the Council continue the public forum and require the petitioner to submit a conceptual drawing of the project and allow further public comment. The Council received the petition on its first reading, ordered the public hearing to remain open, and continued the matter to the August 5th meeting.

Stop Over Services of Newport County requested the Council for exemption of taxation (real, mixed, and property). The Council was reluctant to continue a practice which it initiated for Newport Music Festival in April [Middletown Newsletter V-32] and referred the matter to Tax Assessor Bill Shorey for comment.

After President Andrade nominated and conducted a vote for Paul Parsonage to be appointed to the Middletown Personnel Board of Review, Councilman Michael Kehew asked if this was a Democratic appointment to this bipartisian board. Town Clerk Barbara Nash indicated that there was already one Democrat and one Republican member on the board and this appointment could be either. No further discussion ensued since the vote had already been taken and it appeared that Mr. Parsonage was appointed by a unanimous vote.

As for the appointment of two members to the Middletown Conservation Commission, President Andrade nominated the reappointments of Audrey Rearick and Gary Paquette. Councilman Kehew responded that "boards need new blood and we should not reappoint members who have served several terms" (Audrey Rearick has served seven terms), instead suggesting that the third applicant. Richard Coogan, be appointed. However on a 4-2 partisan vote the Council reappointed both applicants with Councilmen Alofsin and Kehew opposed.

The Council recessed at 9:53 pm in order to hold a closed-door Executive Session to discuss "collective bargaining - Firefighters contract."

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council made no decisions and took no action in the Executive Session and simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 10:10 pm.

Volume V-38 Published: 8/6/96

MIDDLETOWN TOWN COUNCIL MEETING 8/7/96

A quorum was not present at 7:00 pm as only President George Andrade and Councilman John Alofsin were in attendance. Councilmen Matthew Kirby and Scott McLeish arrived at 7:05 pm thus establishing a quorum; however, President Andrade delayed a few more minutes before calling the meeting to order at 7:07 pm. Only Councilman Michael Kehew was absent at roll call but he arrived shortly thereafter. In attendance were 70 residents.

The seven item Consent Calendar was adopted without comment or debate.

The major item of the evening lasting over three hours was the continuation of a Public Hearing for a rezoning petition from Kempenaar Real Estates, Inc. for a change from R20A to GBA of property behind the Aquidneck Bowling Lanes on East Main Road. Attorney William W. Corcoran, representing the petitioner, stated that the "land use change is recommended by the Comprehensive Plan ... and would be good Town planning considering the donation of an 8 acre park." Attorney Corcoran then introduced Attorney Robert Silva, representing the developer, who thereupon introduced the developer himself. A conceptual plan was then presented which depicted three attached buildings, totaling 139,000 sq. ft with the largest building (68,000 sq. ft.) proposed as a BJ's. In addition to the three large buildings, the current Registry building would be incorporated within the development and a small stand-alone restaurant would be built near the entrance at East Main Road. The conceptual plan indicated two entrances to the development; a major entrance on East Main Road near Tommy's Diner and a service entrance on Valley Road approximately opposite the High School. Adjacent to the development on the south side would be an eight acre public park upon which would be a 1 1/2 acre detention pond which could be developed as a fishing or skating pond.

Fifteen residents spoke. Nearly all opposed the project with most of the opposition centered upon the increased traffic. Some residents were concerned with increased traffic on High Street, some were concerned with the added congestion on East Main Road, and others were concerned with the impact upon Valley Road. Three residents even indicated that they were current BJ members and love the store; however, they would prefer to travel off-island rather than have a BJ's built at this location. The one resident who spoke in favor of the project did so with a qualifier that an entrance should not be allowed on Valley Road.

Representative Bruce Long was one of a few residents who spoke twice on this issue indicating that he was "very concerned" and requested that the Council deny the petition. On his second trip to the podium, Representative Long expressed frustration and boldly reprimanded the Council to "not sell us down the road for a park." Councilman Alofsin instantly took offense at the remark and chastised Representative Long stating "that's insulting to all of us, not a single one of us (councilmen) would sell us (Town) down the road." Representative Long apologized and urged the Council not to be offended by his remarks.

The Public Hearing was then closed at 10:12 pm and the Council began its deliberation and discussion. Councilman William Flynn suggested that he would prefer to delay a vote and would rather hold a workshop to further discuss the matter. However, the other councilmen preferred to vote at this time and Councilman Kehew thereupon made a motion to approve the zoning petition. Six conditions were unanimously added to the petition: (1) the developer will pay $5000 for an independent traffic expert to examine the plan and provide the Town with review and comments, (2) the building will be of Colonial Design and not a cement box, (3) the separate lots will all be merged into one large GBA lot, (4) the storm water management plan for the development will also incorporate storm water from the adjacent lots at the East Main Road/ Valley Road corner, (5) the landscape buffer strip will enclose the entire development, and (6) the zoning change does not impact land west of Bailey Brook. With these six conditions added but no restriction on traffic access to the project, the Council unanimously approved the petition. Councilman Scott McLeish recused himself. Councilman Alofsin explained his vote by indicating that "it does fit within the Comprehensive Plan ... it may not be a perfect place, but it is a good place."

The project will now move along to a site plan review before the Zoning Board and Planning Board. Public hearings will be held at each body and the public will have an opportunity to provide further input. Even the Council will have an opportunity for input since the Town is a direct abutter with the High School.

The remaining docket items were quickly dispatched by the Council in the next 30 minutes including the Town Administrator's verbal report on four items. However, the items presented by the Administrator were not addressed at this late hour, instead a workshop was established to be held on August 28th.

A rather routine ordinance to erect stops signs (Granada Terrace, Everett Street, and Balsam Avenue) was received on its first reading but might not be approve on its second reading at the next meeting. Councilman Arleen Kaull indicated that "its crazy .... and we can overdue a good thing (stop signs)."

The Council recessed at 11:15 pm in order to hold a closed-door Executive Session to discuss "collective bargaining (Fire & Public Works) and acquisition and lease of real property." After the meeting, it was announced that the next Council meeting would be held on Tuesday, August 20th rather that the regularly scheduled August 19th.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council made no decisions and took no action in the Executive Session and simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 11:32 pm.

UPCOMING COUNCIL MEETINGS

Regular Council Meeting Tuesday August 20 7:00 pm Town Hall

Workshop: Wednesday August 28 6:00 pm Town Hall

Investment Policy, Large Water Users, Zoning Consultant, Annual Leave Policy

Volume V-39 Published: 8/21/96

MIDDLETOWN TOWN COUNCIL MEETING 8/20/96

President George Andrade called the meeting to order at 7:06 pm. Councilman Scott McLeish was absent and Councilman Matthew Kirby arrived after roll call. Twenty-five residents were in attendance.

The four item Consent Calendar was adopted without comment or debate.

Attorney Joseph Palumbo, representing the developer of Kesson Farm, explained that he has been unable to comply with one of the conditions the Council imposed when it granted the zoning change last year. Although the developer agreed to construct a sewer pumping station large enough to accommodate this development as well as the adjacent West Meadow so as to close down the problem-ridden pumping station on that development, Attorney Palumbo has been unable to secure the necessary easement to allow connections. "We've talked and talked and talked and made due and diligent efforts", said Attorney Palumbo, "but haven't been able to get to square one" in obtaining an easement. Even though the new pumping station would benefit all West Meadow residents by eliminating yearly maintenance costs and removing potential liability for damages if the existing pump were to fail, the owners of the only two properties through which a connection could be made have refused to grant the easement. Thus, Attorney Palumbo was petitioning the Council to modify its condition and allow the Kesson Farm development to be built without connecting the West Meadow sewerage. Attorney Palumbo even suggested as a solution that the Kesson Farm pumping station would be built large enough for a later connection whenever an easement could be obtained. Town Administrator Michael Embury reminded the Council that sewer pumping stations are a town-wide problem and the Town is interested in reducing the number of pumping stations rather than increasing the number, and suggested that he be allowed to talk with the West Meadow Association in an effort to negotiate a solution. The Council unanimously referred the matter to the Town Administrator for a report at the next Council meeting.

In an ambiguous letter to the Council, Elizabeth Taddei, West Main Road, complained about the Police Department and recommended that policemen be required to attend "lectures stressing the civil, personal and private rights guaranteed by the constitution to all U. S. citizens." President Andrade asked her what she wanted to be done. She replied that she "wanted the letter on record in the Town vault." President Andrade indicated that her letter had been received and would therefore be part of the Council record. Councilman John Alofsin interjected that he "did not have a clue as to what this is about", at which point Mrs. Taddei explained her story. A man in a pickup truck drove into her driveway and would not leave after she and her husband repeatedly told the trespasser to depart. She thereupon grabbed a broom and "whacked him once" at which point the broom broke. The trespasser then called the police who arrived in ten minutes. A policeman eventually told her that the trespasser "would drop charges if she agreed to pay damages (to his vehicle)." She went to court and the "prosecutor dropped the charges." Rather than seeking compensation for damage to her reputation, she suggested that the Police Department be better educated in Constitutional Law.

The routine ordinance to erect stops signs (Granada Terrace, Everett Street, and Balsam Avenue) was received on its second reading but was rejected unanimously as Councilman Arleen Kaull objected to it vociferously.

The most hotly contested issue of the evening was a proposal by the residents of Esplanade to make the road a one-way in the northerly direction. Nearly all the residents of the Esplanade were concerned with children safety on this busy street especially sightseers turning in from Purgatory Road. They believe that making the road one-way in the opposite direction would be beneficial. However, the residents of Shore Drive opposed the concept of a one-way northward instead favoring a one-way southward. The residents of Esplanade, however, declared this alternative to be a "disaster" and would not improve safety. The Council took no action on this matter but instead referred it to the Police Chief for his recommendation and continued the issue to the next Council meeting.

Over the din of talking departing residents the Council could not be heard; however, the Council did manage to adjourn at 8:20 pm. As an after thought, President Andrade then announced a closed-door Executive Session to discuss "collective bargaining (Fire & Public Works) and leasing of real property (NYNEX)".

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council made no decisions and took no action in the Executive Session and simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 8:40 pm.

UPCOMING COUNCIL WORKSHOP

Workshop: Wednesday August 28 6:00 pm Town Hall

Investment Policy, Large Water Users, Zoning Consultant, Annual Leave Policy

Volume V-40 Published: 9/4/96

MIDDLETOWN TOWN COUNCIL MEETING 9/3/96

President George Andrade called the meeting to order at 7:10 pm. Councilmen Michael Kehew and Matthew Kirby were absent at roll call but arrived ten minutes later. Twenty-five residents were in attendance.

The six item Consent Calendar was adopted without comment or debate.

Continued from the previous meeting, the hotly contested issue of making the Esplanade a one-way in the northerly direction was again discussed. A memorandum from Police Chief Burns was received under suspension of the rules since it was not available in time to be placed on the docket. In his memorandum, Chief Burns indicated that a traffic survey was conducted, a 19 mph average speed was detected, and traffic was approximately the same in both directions. As a result, Chief Burns recommended that the road not be changed to a one-way; however, the existing obliterated signage should be replaced. A number of residents spoke objecting to the Chief's recommendation and continuing to press for a one-way north, while residents of Shore Drive continued to oppose this plan. Councilman John Alofsin, "bucking the flow", stated that he did not see a problem for Shore Drive residents and supported the one-way concept. Councilman Arleen Kaull, stating that we "need to take a conservative approach", suggested that the Police Chief's suggestions be followed and the problem be revisited next year. On a 6-1 vote with Councilman Alofsin opposed, the proposal to make the road a one-way was rejected. The Council did unanimously recommend that signage be replaced and hedges be trimmed as soon as possible. Town Administrator Michael Embury stated that he will first ask the homeowner to trim the hedges on the Tuckerman/Esplanade corner before the Town takes action by making an "ugly cut" on the Town side.

Attorney Joseph Palumbo presented a zoning change ordinance from Limited Business (LBA) to General Business (GBA) for an 8 acre parcel between Commodore Perry Village and Valley Road with 900 ft. frontage on Valley Road. The Council was hesitant to proceed with this petition since no specific use was being proposed and no conceptual drawings were available. However, Attorney Palumbo was insistent on proceeding stating that the proposed plan "was consistent with the Comprehensive Plan." Alan Shers, petitioner and part owner of the property, reiterated that he "did not have a specific use"; however, potential development would include a movie theater, skating rink, car dealership, or supermarket. The maximum size building which could be erected on this property is 89,000 sq. ft. As an inducement to grant the zoning change, the developer is committed to provide an egress from Commodore Perry Village through the property to Valley Road. Resident Ronald Santa spoke in "vehement opposition" to the petition based upon the lack of a conceptual plan and an intended usage and the "dangerous precedent" this would establish. Representative Bruce Long agreed with Mr. Santa's comment and supported access to Commodore Perry Village if the project were to be built. Attorney Palumbo then requested a continuance of the Public Hearing "so as to address the questions raised" and the Council unanimously continued the matter until the next meeting without receiving the petition on its first reading.

Administrator Embury submitted the summary of bids for construction of a building at the Middletown Town Beach indicating a low bid of $217, 500. The Council was shocked at the high price and was unwilling to authorize this project. One of the contributing factors for the high construction bid price is the Federal law of "prevailing wage" whereby union wage scales must be paid for any Municipal construction project. Councilman Alofsin was "staggered" to learn that the "prevailing wage" requirement added $40,000-$50,000 to the project cost, and Councilman Kehew suggested that the project might be built with volunteer labor. The matter was unanimously continued as President Andrade directed the Administrator to alter the plans with an eye to reducing the cost to $150,000.

In a rather routine matter of authorizing cancellation of uncollectible taxes, resident Ronald Santa questioned the alphabetical list ending in names beginning with the letter "H" and suggested that it was "reminiscent of the White House FBI files." Administrator Embury did not appreciate the attempted humor and assured the Council that further lists will be forthcoming containing the names I-Z.

The Council unanimously appointed the only two applicants to the Middletown Public Library Board of Trustees; Albert J. McAloon as a reappointment and Gilbert J. Bradfield as a new appointment.

The Council recessed at 9:19 pm in order to hold a closed-door Executive Session to discuss "collective bargaining (Fire, Public Works), litigation (Personnel), and leasing of real property (NYNEX)."

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council did not discuss NYNEX, made no decisions, and took no action in the Executive Session, and simply took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 9:40 pm.

Volume V-41 Published: 9/17/96

MIDDLETOWN TOWN COUNCIL MEETING 9/16/96

A quorum was not present at 7:00 pm as only President George Andrade and Councilmen William Flynn and Scott McLeish were in attendance. At 7:05 pm President Andrade asked Town Clerk Barbara Nash the status of the missing councilmen and received the reply that only Councilman John Alofsin had called to indicate that he would not attend. When Councilman Arleen Kaull arrived, the meeting was called to order at 7:07 pm. Councilman Michael Kehew arrived shortly thereafter and Councilman Matthew Kirby arrived at 7:13 pm. Five residents were in attendance as were four individuals and one attorney who were proposing a rezoning petition.

Since the Consent Calendar contained only three items, President Andrade suggested that each item be addressed individually. One such item was a request by the City of Newport to install a 110 ft. antenna on its property at 219 Reservoir Road. However, since this is not a permitted use of the property a use variance must be obtained from the Zoning Board and the City of Newport has been so advised.

Continued from the previous meeting, Attorney Joseph Palumbo presented a zoning change ordinance from Limited Business (LBA) to General Business (GBA) for an 8 acre parcel between Commodore Perry Village and Valley Road with 900 ft. frontage on Valley Road. Attorney Palumbo introduced a traffic expert who, using "a worst case scenario", presented a dazzling array of numbers which left a blank stare on all those who listened. After the Council asked a few questions, Attorney Palumbo submitted the written report of the traffic expert which concluded that there would be no significant negative impact on Valley Road traffic. Resident Ronald Santa objected to the petition specifically citing the lack of a conceptual plan for the project and stated that the Council would establish a dangerous precedent if they were to act on this proposal without any site specific information. Additionally, Mr. Santa reminded the Council that its policy to require petitioner's to pay for an independent traffic expert has not been followed in this instance. Furthermore the petitioner's claim of using a worst case scenario for traffic calculations was not accurate since the traffic expert assumed a 64,000 sq. ft. supermarket whereas the maximum building for this property is 89,000 sq. ft. (according to the petitioner's own words at the previous meeting). Attorney Palumbo then responded that Mr. Santa was incorrect and "with all due respect" urged the Council not to consider a specific use of the property but instead, according to Rhode Island law, should only consider "whether any rezoning would do violence to the Comprehensive Plan." Representative Bruce Long stated that this property was located in the "heart of my legislative district" and he was "very uncomfortable with this petition." He urged the Council to reject this rezoning and require the petitioner to apply for a hardship use variance before the Zoning Board which would be more difficult and require stricter controls. Councilman Kaull requested Administrator Embury to obtain the reasons why the Planning Board had approved this project unanimously and make this information available at the next meeting. The Council then closed the Public Hearing and received the petition on its first reading. The second reading will be held at the October 7th meeting and the Council is likely to render a decision at that time.

Administrator Embury explained that new specifications had been drawn up for the building at Middletown Town Beach reducing its size from 32' x 60' to 27' x 60' and simplifying other fixtures and structures so as to receive a lower bid price. The specifications had been submitted to contractors and new bids will be received on September 20th. The matter was therefore continued to the next Council meeting for a decision as to whether construction will be feasible.

The Council received a letter from Superintendent Michael Pinto and the School Committee requesting the developer of BJ's to install flashing school zone lights on Valley Road "should this development go forward."

On a rare evening without an Executive Session, the Council then simply adjourned at 8:21 pm.

EDITORIAL

Residents of Commodore Perry Village have long suffered with only a single exit onto busy West Main Road (near Dunkin' Donuts). The Town has often sought another egress to this area to mitigate this horrible traffic condition. Along comes a rezoning petition which offers a solution whereby a road to Commodore Perry Village from Valley Road would be built within the project. This seems to be an attractive solution especially during an election year whereby grateful residents of Commodore Perry Village might be enticed to vote for incumbents who approve the project.

However, the developer has not submitted a single conceptual plan with any site specific details nor proposed usage of the property. The developer simply suggests that a zoning change is needed to make the property more marketable. No other zoning amendment has ever been approved by any Town Council without site specific, use specific, conceptual plans. A dangerous precedent would be established if this project were to be approved in this manner.

For want of a few votes in November, this Council will be forsaking the Town's control over the zoning of its land forever into the future. The Middletown Newsletter urges the Council to unanimously reject this rezoning plan until such time as the petitioner submits conceptual plans with site specific and user specific information.

Volume V-42 Published: 10/8/96

MIDDLETOWN TOWN COUNCIL MEETING 10/7/96

A quorum was not present at 7:00 pm as only President George Andrade and Councilmen William Flynn were in attendance. At 7:03 pm Councilmen Michael Kehew and Scott McLeish arrived, and Councilman Arleen Kaull arrived at 7:04. President Andrade called the meeting to order at 7:06 pm. Councilman John Alofsin was absent and Councilman Matthew Kirby arrived shortly after roll call. Twenty residents were in attendance.

Acting as a Board of License Commission, the Council ordered advertised the public hearing for annual renewals of all liquor licenses in the Town and a separate hearing involving stock transfer for the Kempenaar's Clambake Club license.

One of the nine items on the Consent Calendar received additional scrutiny. Referencing the request by the Town of North Kingstown, President Andrade suggested that Middletown should support the bond referendum for Freight Rail Improvement at Quonset Point. The Council unanimously passed a resolution of support.

The Aquidneck Island Police Parade Committee requested permission to hold next year's parade on Sunday, May 4, 1997 and requested a donation "equal to or greater than last year". Although the Council discussed last year's donation of $800 taken from the President's Discretionary Fund, no vote occurred authorizing any donation for next year.

Keith Stokes, Newport County Chamber of Commerce, and Virginia Lee, URI Coastal Resource Center, presented the Council an offer from their groups and the Aquidneck Island Planning Commission to assist the Town in implementing the Comprehensive Plan, especially targeting the implementation of the Aquidneck Island Greenways Plan. This offer of assistance by the three groups is also being extended to the City of Newport and the Town of Portsmouth.

The zoning change ordinance from Limited Business (LBA) to General Business (GBA) for an 8 acre parcel between Commodore Perry Village and Valley Road with 900 ft. frontage on Valley Road hit a road block as it was discovered than an abutter, Peter Benson, had not received notice of the Public Hearing. Town Solicitor Michael Miller advised the Council that another Public Hearing should be held after all abutters have been notified of the new date. The Council unanimously continued this matter until such notice has been given. Editor's Note: In its haste to accommodate the petitioner in correcting the error of notification, the Council did NOT continue this petition to a date certain and the future of this proceeding may be subject to a legal challenge. The Council might well be advised to scrap the existing petition and start all over again with a new petition.

The Financial Report for July/August was continued until the next meeting since Councilman Kaull had some questions which could not be answered due to Town Administrator Michael Embury's absence.

The final report of the Second Beach Campground indicated a financial success this year even though the weather was terrible. Listed in the report were a number of corrective actions required to maintain the facility. The report was referred to the Beach Subcommittee for recommendations as to how and when to make the necessary repairs.

The City of Newport intends to close Dexter Street at the Middletown/Newport line in order to construct a new Middle School. Solicitor Miller has some reservations as to whether a public street can be closed in this manner and will examine its legality. Additionally, the Police, Fire, and Planning Board will be consulted for their opinions on the impact of this road closure. The Newport School Committee requests that this review be done expeditiously since they wish to begin construction in June 1997.

Stop Over Services of Newport County was again requesting an exemption of taxation [Middletown Newsletter V-37]. The Council was reluctant to continue a practice which it initiated for Newport Music Festival in April [Middletown Newsletter V-32] and Councilman Flynn moved to deny this request until SOS demonstrates that it provides in-kind services exceeding the dollar value of taxation.

President Andrade created a new subcommittee to examine the tax reevaluation process. Councilman Flynn was named the chairman of the subcommittee and Councilmen Alofsin and Kaull were appointed. Councilman Flynn suggested that part of the work of the subcommittee will be to establish a reevaluation process more frequently than the State mandated ten years.

Since Administrator Embury was absent, another evening without an Executive Session occurred. President Andrade simply adjourned this "shorter than expected" meeting at 7:47 pm.

EDITORIAL

Although the zoning petition for Valley Road was not heard due to a notification problem, a disturbing trend was noted in the docket items concerning this issue. The Town Administrator had included a memorandum in which the Town administration had calculated potential building sizes and locations on this lot, suggesting that a 90,000 sq. ft. building could not be legally located on this land and "something" smaller would be necessitated.

Because this developer has refused to submit a conceptual plan identifying any proposed building or user, it appears that Town officials must do the developer's work and calculate plans for the development. What will the Town next be required to do? Will the Town provide architectural drawings for the final design? Will the Town construct the building? Will the Town then be required to find a tenant for the facility?

This petition is setting a bad example for future development in the Town. The Middletown Newsletter recommends that the Council reject this petition as it is currently formulated and require the petitioner to conform with the procedure that every other developer has been required to follow - submit a conceptual plan for development and identify the business use of the land.

Volume V-43 Published: 10/22/96

MIDDLETOWN TOWN COUNCIL MEETING 10/21/96

President George Andrade called the meeting to order at 7:04 pm. Councilman Michael Kehew was absent at roll call but arrived one minute later. Eleven residents were in attendance.

Acting as a Board of License Commission, the Council ordered advertised the public hearing for annual renewals of some liquor licenses in the Town which were not included in the last advertisement.

The four items on the Consent Calendar were adopted without discussion or debate after Councilmen William Flynn and Scott McLeish recused themselves from two issues.

The Financial Report for July/August which was continued from the last meeting came under close scrutiny, primarily by Councilman Arleen Kaull. In particular was the matter of Worker's Compensation which had a larger monthly expenditure than a total yearly expenditure but was explained in a cover letter as the result of a public works employee who was paid by the Town while out of work and the Town was then reimbursed by the comp carrier for some portion. The discussion was heated as Councilman Kaull and others wanted to know why the Town was paying full salary to the individual when he was out of work rather than some proportional amount. Town Administrator Michael Embury cited state law which requires this procedure for Police and Fire and implied that he used this rational for the Public Works employee. Since the details and state requirements were not made known with clarity and certainty, the Council directed the Administrator to prepare a detailed report on this matter for the next meeting.

The Fire Department overtime also received a considerable amount of attention since 83% of the yearly budgeted amount has already been spent during the first three months. Administrator Embury explained that the large amount of overtime has been partly caused by the delay in getting three firemen through all examinations and onto the force. It is expected that these individuals will be on board by the middle of next month and overtime should then diminish. However, actual expenditures for overtime will likely exceed the budget line item since it has always done so in the past few years and the budget was approved knowing that this condition would result. Fortunately, some savings have been accumulated in the salary account and may help to alleviate the overall Fire Department red ink.

After some discussion and a minor change in wording, the Council unanimously adopted changes to the Middletown Senior Center Bylaws which had been submitted and approved by the Board of Directors of the Center. The only significant modification to the Bylaws that these changes make is the requirement that all Board of Directors be members of the Center rather than six of nine as originally comprised.

Alain de Leiris requested the Council to support Voter Initiative - referendum question #8 on the election ballot. The Council acceded to this request and voted 6-1 to endorse a Council Resolution of Support. Councilman Michael Kehew voted against the resolution since he opposes all forms of voter initiatives, preferring the provisions of the Constitution which creates a representative democracy - a Republic.

The Council recessed at 7:52 pm in order to hold a closed-door Executive Session to discuss "collective bargaining (Public Works), litigation, and leasing or real property (NYNEX)."

EDITORIAL

Since a new Council will be seated after the upcoming elections, the next regular meeting of the Town Council will be this Council's last. It will also be the last for the Middletown Newsletter. I began this newsletter ten years ago with the inauguration of the newly elected Council presided by President Mary Roderiques. It has been a rewarding experience publishing this newsletter, but ten years is long enough and it is now time for me to do other things.

Throughout the last ten years, numerous people have asked me why I do not run for a Council seat. My answer has always been that as a federal employee, I am prohibited from seeking elective office in a partisan election (Hatch Act). Now that my retirement from government service is near at hand, I suppose I will have to answer that question again. I would like to announce here so that those who have subscribed and supported the Middletown Newsletter will be the first to know, I do not intend to run for Town Council.

Throughout the last twenty five years while attending Town Council meetings, I have often disagreed with our elected officials. But during this time I have gained an enormous amount of respect for people who are willing to devote so much of their time and energy for so little pay in service to their community. Being a councilman is an honorable profession and I have often given thought of running for this job when the Federal law would allow. However, I have discovered that the Town Council is handicapped and constrained by Federal and State mandates which limit the amount of action any Council can take. I have concluded that real change can only be accomplished by our Federal delegation and I am therefore seriously considering becoming a candidate for Congress in 1998.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council discussed all three agenda items and took the following action when it reconvened: (1) authorized settlement of Public Works contract, (2) authorized settlement of NYNEX tower at Berkeley Avenue, (3) voted to seal the minutes of the Executive Session and (4) adjourned at 8:25 pm.

Volume V-44 Published: 11/5/96

MIDDLETOWN TOWN COUNCIL MEETING 11/4/96

President George Andrade called the meeting to order at 7:03 pm. Councilman Matthew Kirby was absent at roll call but arrived eight minutes later. Twenty-five residents were in attendance. In this last meeting for this Council, business was rather mundane and routine with little controversy.

Acting as a Board of License Commission, the Council: (1) ordered advertised the renewal of a BV liquor license for Howard Johnson's Restaurant, (2) allowed the transfer of stock for Kempenaar Clambake Club, and (3) approved renewals for 1996-1997 alcoholic beverage licenses for a list of firms and corporations. Each item was unanimously approved without discussion, and no residents chose to speak at the open public hearings.

The three items on the Consent Calendar were individually addressed but only the minutes from the last meeting came under scrutiny. Councilman Arleen Kaull inquired of Administrator Michael Embury for an update report of the Worker's Compensation matter previously discussed [Middletown Newsletter V-43]. Administrator Embury explained that the Town has received reimbursement for 75% of the salary of the injured worker and the remaining 25% has been deducted from the employee's accumulated sick leave. As to a Town policy which will govern the amount of salary to be paid to an injured worker, Administrator Embury stated that if the employee has sufficient sick leave, the Town will pay full salary while out of work; however, if the employee does not have accumulated sick leave, only 75% salary will be paid. This explanation did not seem to satisfy Councilmen Flynn and Kaull but the issue was dropped and the Council moved on to further business.

Councilman John Alofsin questioned a tax abatement list in the amount of $59,550.59. Although this process of abating uncollectible taxes has been routine for a number of years, Councilman Alofsin suggests that the list be published in the newspaper in order to embarrass those who do not pay their taxes. This particular abatement list, however, consists mainly of automobile taxes from people who have moved out of state or do not otherwise re-register their automobiles. The matter was continued until next meeting as Administrator Embury was directed to determine the cost of advertising the list.

Resident Tim Beck presented the Council with a petition of neighborhood residents seeking relief from excess traffic in the Stockton Manor/Rosedale Gardens neighborhood. Specifically, the residents are asking the Town to close Rosedale Terrace at the Newport/Middletown line thereby making it a dead end street and preventing the large volume of traffic which use this exit into Park Holm as a shortcut to Newport. The matter was continued as Town Solicitor Michael Miller was directed to examine the legality of closing this road.

The Council recessed at 7:47 pm in order to hold a closed-door Executive Session to discuss "collective bargaining."

EDITORIAL

With this issue, the Middletown Newsletter officially comes to an end. I would like to specially thank Paul A. Demessianos and his Dunkin' Donuts company for their long support in helping to produce this newsletter.

IN THE DARK OF THE NIGHT

According to the Town Clerk, the Council discussed the firefighters contract and took the following action when it reconvened: (1) voted to seal the minutes of the Executive Session and (2) adjourned at 8:32 pm.

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