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

 

FEBRUARY 3, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:02pm.  All council members were present.

 

Acting as a Board of License Commission

The Council unanimously:

Both Public Hearings shall be held on March 3rd.

 

The Council unanimously accepted the Consent Calendar without discussion.

 

The Council unanimously granted new Victualling House Licenses to Beijing Tokyo Buffet Restaurant and Dogs-On-The-Run.

 

Camparama to Return

Norma Silvia spoke on behalf of the Quahog Chapter #48 of the North American Family Campers Association requesting another yearly contract with the Town to hold a Camperama on the weekend after the beach closes in September.  President Flynn expressed some concerns relative to last year’s event whereby the beach was overfilled with campers and other beachgoers.  Ms. Silvia explained that approximately 250 campers attend this event, that bus tours to Newport are provided, that a sand castle contest occurs, that a police office is hired for Sunday, that a charge is collected from each participant, and that the organization donates to the Town (Fire and Police) in addition to the $1600 rental fee which is paid to the Town.  Councilwoman Suzi Nance expressed two concerns: (1) that the first weekend after Labor Day is still beautiful beach weather and many people still use the beach and (2) the $1600 rental rate has never been increased since the Camperama began in the 1980’s.  In the end, the Council unanimously granted the organization the use of the beach on the subsequent weekend (September 12-14) subject to future recommendations from the Beach Commission, which will probably include an increase in the rental fee.

 

Curbside Pickup Too Costly

The Council accepted a report from Finance Director Shawn Brown indicating that curbside waste pickup would cost the Town approximately $900,000 per year.  Councilman Charles Vaillancourt indicated that it was too expensive and would not support the proposal.  Councilwoman M. Theresa Santos, who had requested the report, also indicated that cost was excessive; however, she pressed for the Town to make changes at the transfer facilities as outlined in a Safety Assessment Report provided by Waste Management.  Councilwoman Karen Roarke then raised a question regarding commercial waste at the transfer facility, which generated a considerable amount of discussion.  President Flynn emphatically stated that the transfer facility is for “Residential Use Only”; however, many others indicated that commercial trash was being deposited there.  Councilwoman Santos then asked for more data from 1998 pertaining to the amount of trash collected monthly at the transfer facility.  Becoming slightly angry, President Flynn recounted that Shawn Brown had spent three days on the current report, which resulted in the Town’s third rejection of curbside pickup and “I don’t want to waste any more of his time.”  At which point, Councilwoman Santos withdrew her request for additional data and the Council moved on to other items.

 

Storm Water Management Plan Nears Completion

The first of two Public Hearings regarding the Storm Water Management Plan occurred with The Louis Berger Group, Inc. presenting a slide show of the draft plan.  Of particular interest to Turner Road residents was the indication that the Town plans to build a Salt Dome Enclosure at the Public Works garage site.  After the presentation, a resident of Maple Avenue complained of water runoff from North Beacon Terrace, which fills her backyard and enters her cellar – the Town will look into the matter to determine if anything can be done.  Vincent Sancini also spoke regarding the headwater of Bailey Brook (his backyard area) whereby an Industrial Zone site has been storing construction fill material and encroaching into the water area – some piles are over 30 feet high.  Mr. Sancini’s information was received and forwarded to the Building Inspector for possible action.  The next hearing is to be held on February 18th and it should finalize the plan for the Town.

 

Workshop Scheduled for Comprehensive Community Plan

The Council received a proposed Comprehensive Community Plan from the Planning Board and decided to hold a workshop on February 24th at 7:00pm on this matter. There will be two Public Hearings held sometime after the workshop to receive comments from residents.  This proposed Comprehensive Community Plan is posted on the Town’s web site.

 

Charter Revisions Authorized

The Council unanimously voted to seek General Assembly ratification of the Charter revisions approved by the voters in the last election.  Town Solicitor Gorton indicated that all changes are already in place as of the date of the election certification and therefore State approval is not needed, but it couldn’t hurt.  Councilman Vaillancourt stated that the Town Council had not forced the change involving non-partisan School Committee elections upon the School Committee but instead that they had asked for this change.  Additionally, Councilman Vaillancourt suggested that these future non-partisan School Committee elections should be reviewed with an eye toward also making Town Council elections non-partisan.

 

Vaillancourt Lambastes Representative Long

Councilwoman Roarke reported on a meeting she had with a Department of Transportation Traffic Engineer regarding state road projects within the Town.  Of particular interests was the completion date of December 2003 for sidewalk painting on West Main Road and December 2004 for the completion of the East Main Road project from Valley Road to Oliphant Lane.  Other completion dates were cited for various other projects in the Town.  Councilman Vaillancourt in praising her effort took a swipe at our State delegation by telling her that “you got more done for us than any of our State Representatives have done”.  Representative Bruce Long, sitting in the audience, shot a stern look at Councilman Vaillancourt.  Later when he got up to speak, Representative Long indicated that he has sent a letter to arrange a meeting with Fire Chief Burns and the DOT to study crosswalks in the Town and another letter to the State Traffic Commission to place the item on its next meeting’s agenda.  Councilman Vaillancourt thereupon launched a tirade at Representative Long stating, "Letters, letters, and letters don’t get us results.  As our State Rep, I hope you will get us results.  You are here and I am placing blame on you.  Do you not have any influence?  As a State Rep for twenty years, I would think you would get something done for us.”  Representative Long did not respond to the tirade.  Others directed the blame at DOT with Councilman Bruce Allen saying, “All that has been done is talk, talk, talk.  It doesn’t seem like much gets done.  I think we should lay blame.  The onus is squarely on DOT.  Let’s stop talking and get things done.”  Resident Art Benner said, “I don’t think you can blame Bruce or blame anybody.  I don’t think they have any money to do the projects.”  On that sour note, the Council moved on to other matters.

 

Landscaping Requirements to be Enforced

Councilwoman Roarke introduced a proposal to insure that developers fulfill their obligations in providing landscaping as directed by the Planning and Zoning Boards.  After relating the story on why the trees died and there does not exist landscaping surrounding the BJ’s development, Tree Commission member Paul Lamond praised the concept of Roarke’s proposal and stated that the whole Tree Commission endorses it.  The proposal was referred to the Town Solicitor to draft the ordinance in a proper form.

 

The Council unanimously approved the Aquidneck Island Police Parade Committee request for support, subject to agreement by the School Department.  The Police Parade will be held on May 4, 2003.

 

With President Flynn taking the responsibility for inaction, the Council continued the matter of an appointment to the Economic Development Advisory Committee until the March 3rd meeting.

 

The Council unanimously appointed Lee Merrill and Tim Barrow to the Pension Trust Fund Investment Committee and is seeking another applicant for this board.

 

Councilman Paul Roderiques took responsibility for the lack of meetings during the last two years for the Demery Land Committee.  Councilman Roderiques explained that he was appointed to chair this committee in October 2000 but lost his reelection bid in November of that year.  Now that he is back on the Council, he promises action from this committee and announced its first meeting on Thursday, February 6, 2003 at 7:00pm in the Town Hall.  All are welcome to attend.  Councilwoman Roarke recommended a name change to the “Demery Memorial Park Committee” which was referred to the Committee for its consideration.

 

Hedy Bennett and Art Weber Jr. were unanimously reappointed to the Planning Board.  It was noted that this is Hedy Bennett’s third full consecutive term and therefore she will be term limited by the new charter revisions and not allowed a further reappointed at the expiration of this term.

 

The Council unanimously approved the Planning Board’s recommendations for appointments to the Aquidneck Island Planning Commission.  These appointments were: Colleen Aull, David Lawrence, and Audrey Rearick (alternate).

 

Stating that he thought, “it would be nice,” Councilman Vaillancourt proposed posting Town Council agenda at assisted living facilities in the Town.  Without debate, this action will begin.

 

During the Public Forum Session of the Town Council meeting, three residents spoke. 

 

Paul Roderick complained of the dirty condition that Turner Road is left in at the completion of the construction workday suggesting that the contractor should be compelled to power broom at the end of the day.  He also asked who was paying for the temporary asphalt patches applied in December-January and was told by Public Works Director O’Loughlin that the “Town is not paying extra for that work”.  Finally, Mr. Roderick noted that the slowdown in December-January occurred with average temperatures of 31 degrees whereas recent temperatures averaged much less and Dicon is working in these temperatures.

 

Manny Mello spoke about the lack of erosion control on the Dr. Lewis construction job stating, “that when it rains it goes right down to Bailey’s Brook.  I’ve complained to everybody and I don’t know what else to do.”  President Flynn directed the Town Administrator to look into this situation.

 

Art Benner suggested that the Town create a checklist containing all required Town regulations and that such checklist be posted at every construction site.  Stating that it was a good idea, the Council suggested that it would be looked into.

 

The Council adjourned at 9:37pm.

FEBRUARY 18, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:08pm.  All council members were present.

 

Consent Calendar

The thirteen item consent calendar was unanimously approved after five items were removed for discussion:

 

Town Ordered by Court to Fix Drainage at Aquidneck/Prospect

In September 1992 the Superior Court ordered the Town of Middletown, in a Consent Agreement, to correct the flooding problem on Prospect Avenue at the Paradise Motel & Mobile Home Park.  Ten years later on April 4, 2002 an attorney for the business informed the Town that the problem had not been fixed and flooding still occurred.  The Town responded that a plan was being drawn up and materials would be ordered soon.  On July 29, 2002 the attorney reminded the Town that the problem was not being fixed and that the Court decree was still in effect.  On August 15, 2002 the Town responded that the plan was still being made and materials would be ordered and added that "work will commence when the materials arrive."  With that as the history, Councilwoman Roarke asked if the materials had been ordered?  Town Engineer Warren Hall responded, "No."  President Flynn said, "I don't understand why this has been lost for so long.  We have to get this done now."  Councilman Charles Vaillancourt moved and the Council unanimously voted to direct that it be done in a timely fashion.  President Flynn then added "within the next ten year" resulting in a smattering of chuckles.  Councilwoman Roarke stated that "Ten years is unbelievable.  Are there any other legal issues out there?"  There was no answer to her question.  This project is expected to cost $231,434.61 and has now been added to Storm Drainage project priority list with funds to be taken from the Road & Drainage Bond.

 

Restoration of Flow Within Bailey Brook

The Council accepted a report from Scott Rabideau, Natural Resource Services, discussing corrective actions needed to reduce the flooding of Bailey Brook onto adjacent properties and to improve the overall water quality of the brook.  The required work is divided into two types: (1) Exempt activities which need no permits (removal of debris and limited vegetation trimming) and (2) Non-exempt activities which require approval from DEM, Army Corps of Engineers, and others.  Town Engineer Hall explained that he had prepared a Scope of Work plan for the exempt activities with an estimated cost of $118,000.  The non-exempt activities is estimated to cost $5 million.  The Council took no action as President Flynn referred the matter back to Town Engineer Hall for further discussion with Scott Rabideau.

 

Junkyards in the Neighborhoods

Councilwoman Suzi Nance introduced the topic of accumulated waste on residential property stating that we need to tighten the definition of junk and impose stricter penalties  President Flynn suggested the heady notion that "somebody's junk might be somebody else's art."  Councilwoman Nance said that she has received complaints from a number of residents about this issue and Building Inspector Jack Maloney has told her that the current procedure for enforcement isn't working.  In the end, President Flynn suggested that Mr. Maloney should be tasked with drafting additional language for the ordinance.

 

Funding Transfers Include Snow Removal

The Council unanimously approved various budget funding transfers, among which was an additional $16,000 for snow removal.  Councilwoman Nance took the opportunity to praise the Public Works Department on an "unbelievably good job" of snow removal during this recent storm.  The other council members concurred.

 

Recreation Department to be Established

Councilwoman Nance suggested that a Recreation Department be created since we have been talking about it for years without doing anything about it.  Finance Director Brown indicated that money is being set aside, in the budget drafting for next year, to accomplish this end.  President Flynn then directed Councilwoman Nance to draft a committee plan for establishing a committee to accomplish this project.

 

Technology Advisory Committee

The Council received a draft proposal from Finance Director Brown for the Technology Advisory Committee work.  President Flynn continued the matter to the next meeting and instructed Director Brown to contact the School Committee and get them to sign off on the plan.

 

Roads and Utilities Committee Report

Councilman Roderiques reported that the committee met and elected Art Benner as Chair and Jay Peckham as Vice-Chair.  The committee decided to look into the following matters

Resident Manny Mello indicated pleasure with the new committee and thanked the Council for establishing it.

 

Demery Park Committee Report

Councilman Roderiques reported that the first meeting was held, questions were raised, and answers were obtained from the Town Solicitor.  Bottom line is that the Town Council will have final approval for any design and construction at the site.  It was decided to increase the membership of this committee and to actually make the membership unlimited in number.  The Town Clerk was directed to advertise for additional members.  The name of the committee was officially changed to the Demery Memorial Park Committee.

 

Tax Exemption for Rhode Island Society of the Sons of the Revolution

With Representative Bruce Long appearing on their behalf, the Society sought a tax exemption for Lot 117, Plat 108 SE which abuts Green End Fort.  This property is used as a buffer in order to preserve this Revolutionary War Fort.  Councilwoman Roarke suggested that a deed restriction in perpetuity be included to which the Society had no objection.  With this deed restriction, the Council unanimously agreed to forgo this $110.25 yearly tax.

 

Public Hearing Continued

The Public Hearing for Phase II Stormwater Management plan, originally scheduled for February 18, 2003 has been continued until the April 21, 2003 Town Council meeting

 

Zoning Amendment for Landscaping Compliance

Town Solicitor Vernon Gorton submitted a proposed zoning amendment ordinance for landscaping compliance as had been requested at the last meeting.  Councilwoman Roarke thanked him for his prompt action.  Councilman Charles Vaillancourt suggested a couple of changes, including a 150% guarantee bond rather than 110%.  The matter was referred back to the solicitor for inclusion of the changes.

 

Third Beach Bid Specifications

Councilwoman Nance sought Council approval for bid specifications developed by the Beach Committee to include:

The male members of the Council were reluctant to approve these bid specifications without further information in writing.  The Beach Committee (all female) agreed to provide the written documentation via email prior to the February 24 Special Council meeting so that the bid specifications can be approved at that time. 

EDITOR'S COMMENT: Obviously the male members of the Council are not going to cede any responsibility to the Subcommittee composed of all women with regard to beach matters.  Whereas in the past, it was sufficient from most subcommittees to present a verbal report to the Council when action was needed, the women will be kept in their place by requiring detail written reports of their activities.

 

During the Public Forum Session of the Town Council meeting, three residents spoke. 

 

Ron Santa described salt contamination of the Turner Road area ground water supply citing DEM's Notice of Violation which indicate that the Town's own winter salt pile at the Public Works Garage is the probable cause.  He stated that the Town was compelled to bring public water to Columbia Drive as a result of this contamination.

 

Manny Mello spoke with concern of some properties in the Town  with three small shacks on small lots.  Without the ability of using septic systems on such small lots, he queried whether these multiple dwellings are all tied into the sewer system, and if not, what kind of problem is occurring.  No answers were available; however, the matter will be looked into.

 

Morris Hirsch inquired into the status of tax relief for the elderly.  Where are we and is there any date?  President Flynn indicated that it was still in the planning stage and will likely appear in this budget cycle.

 

The Council adjourned at 8:52pm.

 

EDITORIAL

The Council docket contained a number of detailed written reports from Finance Director Shawn Brown which contributed to over an inch thick of written material.  Although a number of trees may have been sacrificed for this material, the Middletown Newsletter would like to commend Director Brown for his thoroughness in reporting and diligence in keeping the public informed.  Such completeness and openness was not the normal fare prior to Mr. Brown's hiring.  Thank you Mr. Brown and keep up the good work.

MARCH 3, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

After a moment of silence for the West Warwick fire victims, President William Flynn called the meeting to order at 7:04pm.  All council members were present.

 

Acting as a Board of License Commission

The Council unanimously:

 (1) granted the transfer of a BV Alcoholic Beverage License from Aquidneck Pizza Restaurant to Aquidneck Pizza Restaurant (new owners), subject to the payment of all outstanding debts

(2) granted a new BV Alcoholic Beverage License for Beijing Tokyo Buffet Restaurant. 

The latter license engendered some discussion as President Flynn attempted to cap the hours for serving liquor while the owner requested serving hours until 1am on weekends.  In the end the Council unanimously restricted the alcohol serving hours as follows: M-Th 11am-11pm; F-S 11am-11:30pm; Sun 11:30am-11pm.

 

Middletown Rotary Day

The consent calendar was unanimously accepted with President Flynn highlighting the Proclamation declaring Saturday, March 22, 2003 as Middletown Rotary Day in celebration of the 50th Anniversary of the Middletown Rotary Club.

 

Middletown High School Black History Bowl Champions

The Council unanimously congratulated the Middletown High School Black History Bowl Champions for its fifth victory in the ten-year history of the tournament.  Councilwoman M. Theresa Santos then presented Town tiles to each member of the winning team: Ashley Coofer, Adam Stewart, Megan Conley and Coach Keith Holubesko.

 

Routine Actions

In routine actions, the Council unanimously granted a Victualling House License to EA & EM, LLC (Aquidneck Pizza) and approved Narragansett Electric and Verizon’s request to relocate a utility pole on Paradise Avenue subject to approval of the Public Works Director.

 

More Turner Road Issues

Paul Roderick, Turner Road, addressed the Council with concern that the contractor seems to be excessively charging the Town for Extras done on the Turner Road project.  Citing average prices charged by other contractors, Mr. Roderick indicated that Dicon’s rate for equipment approximates that of most contractors; however, where other contractors include the equipment operator in its charge, Dicon separately charges for the operator thereby making Dicon’s charges excessive by $30-$50 per hour.  Mr. Roderick further suggested that Dicon has submitted claims for Extras for an Excavator, Backhoe, and Truck and an operator for each when the same operator would operator each vehicle, thereby creating an excess charge for manpower.  The Council clearly is exasperated with the perpetual discussions concerning Turner Road as Councilman Bruce Allen told Mr. Roderick that he should talk with the Public Works Director rather than bringing the issue to the Council.  The Council then asked Public Works Director Thomas O'Loughlin if he had rejected any Dicon claims receiving a reply that some claims have been denied.

 

Lacrosse Gets Divided Council Support

Alex Nance, Meadow Lane, addressed the Council seeking financial support for the Lacrosse Club at Middletown High School.  Since Lacrosse is not a varsity sport but is only a club sport, the School Department provides no funding for the program and the individuals are required to arrange their own funding.  Alex Nance operates the video taping system that records Town Council meetings and is the son of Councilwoman Suzi Nance.  Mr. Nance explained that 35 boys and 32 girls participate in the Lacrosse program, that six public schools in the state and all the private schools have Lacrosse programs, and that the sport is a springtime activity.  President Flynn moved to appropriate $200 for this activity, which was defeated on a 3-4 vote with only Flynn, Allen, and Vaillancourt in favor.  Councilwoman Karen Roarke objected to the $200 figure since the Town had given $1000 to the hockey team at its inception.  Councilwoman Roarke then moved to appropriate $1000 for the Lacrosse program receiving a favorable 4-3 vote with Flynn, Allen, and Vaillancourt opposed.

 

Small Cities Community Development Block Grant Application

The first of two public hearings was held on the Town’s application for a Small Cities Community Development block grant in an amount not to exceed $400,000.  Representatives from New Visions and Church Community Housing Corporation spoke on behalf of their organizations seeking support for their projects.  Resident Ronald Santa suggested that the Senior Citizen Center Director should be contacted to see if any projects for the Center should be included in the grant.  The second public hearing shall occur in April.

 

Change in Gun Permit Legislation Supported

Police Chief William Burns requested a Council resolution in support of a change in the gun permit legislation to replace “shall” with “may” in describing the local authority’s ability to issue a concealed gun permit.  Without comment or debate the Council unanimously approved the resolution.

 

Funding for Study Approved

At the urging of Finance Director Shawn Brown, the Council unanimously approved a resolution to use RI Clean Water Finance Agency Series 94 borrowing to fund the Sanitary Sewer System Evaluation Study produced by The Louis Berger Group, Inc.

 

Technology Advisory Committee Postponed

The establishment of the Technology Advisory Committee was continued to the next meeting while awaiting responses from the School Committee and the Library Board.

 

School Report Approved

At the request of Rosemarie K. Kraeger, Superintendent of Schools, the Council unanimously approved a “Necessity of Construction” report to be filed with the Department of Education.  This approved report is required for the School Department to receive a 30% reimbursement for any capital improvements.

 

Residential Dumpster Ordinance

Councilman Charles Vaillancourt introduced a proposed ordinance amendment requiring dumpsters in residential areas to be treated similarly as dumpsters in commercial areas with regard to setbacks for accessory structures and screening from view of abutting properties.  The matter was received on its first reading and the public hearing remains open so residents may have an opportunity to address any concerns at the next meeting when the ordinance is likely to be adopted.  A smattering of subdued laugher occurred when Councilwoman Roarke asked one more question about enforcement stating, “this is slightly off the issue and if I’m out of line, Mr. President, you can slap me.”

 

Senior Citizen’s Tax Reductions Postponed

Councilwoman Santos asked to continue the issue of Senior Citizen’s Tax Reductions to the next Council meeting.

 

Parks and Fields Commission Established

Councilwoman Nance introduced a proposal for the composition of the Parks and Fields Commission suggesting the following makeup:  Member of the Town Council, Member of the School Committee, Director of Public Works, Director of Facilities (School Dept.), Little League Representative, Pop Warner Representative, Youth Soccer Representative, Youth Lacrosse Representative, Adult Softball Representative, and two members of the community.  It was decided to advertise for community members and to continue this matter for further discussion, additions, and suggestions.

 

Recreation Department One Step Closer

Councilwoman Nance introduced a proposal for the composition of a Recreation Department Creation Meeting suggesting the following makeup: Director of Public Works, Director of Summer Programs, Representative from Association of Recreation Directors, Representatives from the Town Council, Representatives from School Committee, and Representatives from School Department.  Councilwoman Roarke suggested the inclusion of a “music and fine arts representative” to which Councilman Vaillancourt stated, “That’s a great idea.”  Resident Art Benner spoke critically of the current Parks & Recreation budget with 73 part-time summer employees stating that “we are looking for ways to spend money – we are not looking for ways to save money.”  It was noted that a significant meeting with ramifications on this issue would be held at the Oliphant School Administration Building on March 18 at 2:30-4:00pm.

 

Camp-a-rama Contract Changes

The Beach Commission requested Council approval of changes to the Quahog Camp-a-rama contract:

(1) date change to September 13-15

(2) adjusting payment from $1600 to $2400 and deleting requirement for Town to expend $700 for rented chairs and table. 

The Council unanimously approved the contract changes.

 

Plastic Boardwalks for Beaches

The Beach Commission requested Council approval for the purchase of plastic boardwalks for all alleys at 2nd and 3rd beach.  After being criticized for the way they treated the female members of the Beach Commission at the last Council meeting, the male members of the Council gingerly tiptoed around the issue that the all-female Commission had not included any costing information in its proposal.   Councilwoman Roarke finally suggested that the overall cost might be in the neighborhood of $60,000.  In the end Councilman Bruce Allen moved and the Council unanimously approved going out for a Request For Proposal (RFP) and to delay any decision until an accurate cost estimate is obtained.

 

Economic Advisory Committee

President Flynn introduced the topic of reinvigorating the Economic Advisory Committee suggesting three areas where the Committee should concentrate their efforts:

(1) enhancing the Aquidneck Corporate Park Business Capacity

(2) taking a leadership role in assisting the Chamber of Commerce in promoting the growth of defense related industry on Aquidneck Island

(3) assisting in an educational partnership for an Aquidneck Island School for Science and Technology.

As for the Aquidneck Corporate Park, President Flynn said, “let’s fix up what we have and make it the best we can.”  Current Chairman of the Economic Advisory Committee, Robert Silva, stated that the Chamber of Commerce has received $200,000 from the State Legislature from which $20,000-$30,000 is available to help Middletown.  Mr. Silva offered two suggestions:

(1) the Planning Department should be folded into this Committee

(2) the Council should set aside some money during the budget process for this effort. 

Councilwoman Roarke related a statement made by Keith Stokes, Director of Chamber of Commerce, that “No longer are we known as Aquidneck Island throughout the state, we are now known as Silicon Island.”  The Council continued this item to the next meeting and ordered advertised for members for this Committee.

 

During the Public Forum Session of the Town Council meeting, two residents spoke. 

 

Manny Mello suggested that a zoning ordinance is needed to prevent homeowners from converting their entire front yards into parking lots citing an example at Ellery and Briarwood.  The Council seemed to appreciate the suggestion and may take some future action.

 

Art Benner spoke with regard to the existing sign ordinance, stating that it is too complex and not understandable with all the legalese.  He cited a recent example in which the Zoning Board approved some signs, apparently outside the limits of the existing ordinance, but clearly an attractive and pleasant set of signs.  Everyone seemed to agree that “common sense” should reign with regard to signs; however, it appears that “common sense” cannot be translated into law.

 

The Council adjourned at 9:01pm.

MARCH 17, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:07pm.  All council members were present.

 

The 16-item consent calendar was unanimously accepted with only three items being discussed and President Flynn abstaining on consent item #14:

 

Commendation for Robert Corey Continued

The Commendation for Robert Corey, 32 years of service on the Zoning Board of Review, was continued to the next meeting on April 7 when Mr. Corey will be present.

 

Police Parade Gets Hawker/Peddler License

The Aquidneck Island National Police Parade Committee was unanimously granted a Hawker/Peddler License to sell tee shirts along the parade route on May 4, 2003.  The Council, as has been done in years past, unanimously waived the $50 license fee.

 

Additional Operating Hours for Aquidneck Pizza

The Council ordered advertised for Public Hearing the renewal application for additional operating hours for Aquidneck Pizza.

 

Routine Sunday Selling Licenses

The Council unanimously granted Sunday selling licenses to:

·        Off-Track Bedding, 288 East Main Road

·        KABLOOM, 132 east Main Road

 

Additional Live Entertainment for Scooby’s Neighborhood Grill

After questioning the owner of Scooby’s Neighborhood Grill, the Council unanimously granted the renewal and expansion of the Amusement License.  The establishment has been conducting Kareoke session for the last two years and now wants to provide live entertainment (singer and guitar) at the same level of sound.  President Flynn abstained from the discussion and vote on this matter.

 

Tax Exemption for The Healing Co-Op

Councilwoman Santos proposed and the Council unanimously granted a real estate tax exemption to The Healing Co-Op, a non-profit agency on Mitchell’s Lane dedicated to supporting women with cancer and their families.  Linda Phelan McCoy explained the organization to the Council and stated that 76% of the women using their services come from Aquidneck Island.  The current taxes ($5549) and future taxes will be exempted for the life of the organization – if the use of the facility stops, the tax exemption automatically stops.

 

YMCA Tax Exemption

The Council unanimously supported State Legislation exempting the YMCA from all local taxes.  This has no impact on the Town’s tax base since the YMCA is currently tax exempt; however, the current tax exemption was passed as a fixed amount rather than a blanket tax exemption. As President Flynn said, “A million dollars was a lot of money back then (when the exemption was initially passed), today it is not.”

 

Impact Fees – One Step Closer

The Council received the results of a study conducted by Tischler & Associates, which indicated areas in which Middletown could institute impact fees for new developments.  These areas include sanitary sewer, schools, Fire, municipal facilities, parks and recreation, and Police.  The report cautioned that precise projections and calculations must be made in order for any impact fee to sustain legal challenges.  Although the Town will be able to develop the necessary ordinances in-house, the precise calculations and projections will need to be contracted at an estimated $88,000.  At the urging of Councilman Charles Vaillancourt, the Council unanimously decided to seek bids for the consulting work of projections and calculations.

 

Newport National Golf Club Proposes to Relocate Soccer Fields

The Newport National Gold Club is proposing to relocate the soccer fields to Aquidneck Avenue (former Drive-In site) and to construct a softball field and related parking there.  Numerous residents were in attendance to discuss this proposal: however, President Flynn did not feel there would be sufficient time to discuss the matter since the Council docket had 47 items.  It was decided to continue this matter to a Special Council meeting next Monday, March 24, at 7:00pm when ample time will exist to address the concerns of all.

 

Airport Overlay District

The Council received a communication from Town Planner Ron Wolanski regarding language to be incorporated in the new Comprehensive Community Plan to address an Airport Overlay District.  The Council deferred discussion on this matter until the Comprehensive Community Plan is discussed later in the agenda.

 

Vanicek Property on West Main Road

The Council unanimously approved an agreement with James Vanicek, Jr. in which the Town agrees NOT to change the zoning of Lot 55, Plat 106 (70 acre parcel off West Main Road) and Mr. Vanicek agrees NOT to develop said property for a one year period.  Originally the agreement had a provision allowing either party to back out of the agreement with 60-day notice; however, that provision was deleted.

 

Public Hearing Comprehensive Community Plan Update

Attorney Robert Silva requested clarification that the agreement reached with the Vanicek Property would not cause any change in the zoning of the Saccucci property and was so assured.  All remaining discussion concerned the Airport Overlay District with Forest Avenue resident Roberta Duffy offering opposition.  Town Solicitor Vernon Gorton explained that a recently enacted state law requires the Airport Overlay District.  Councilman Vaillancourt asked, “What happens if we submit a plan without this language” and received the reply that it would likely be rejected and sent back.  Councilwoman Roarke suggested, “it is time for civil disobedience”; whereas, President Flynn stated, “The airport is there.  It is not going away.  We have to deal with it.”  Councilman Vaillancourt requested that the State delegation be contacted and asked to explain why the law was passed and how each legislator voted on the matter.  In the end the Public Hearing was continued to the April 7 Council meeting where the plan will be adopted, with or without the Airport Overlay District to be determined.

 

Crosswalks on West Main Road

Councilwoman Roarke introduced recommendations for crosswalk and signage changes on West Main Road following a meeting she had with the State Traffic Commission.  Manny Mello spoke in opposition to the removal of the crosswalk at Beacon Street and the retention of the crosswalk at Applebee’s.  Councilwoman Roarke then stepped down from the dais bringing a map to the audience level and proceeded to speak with Mr. Mello.  This spectacle continued for a few minutes until President Flynn finally called for a vote.  The Council unanimously approved the suggestions offered by Councilwoman Roarke.

 

Bus Stop & Shelter on West Main Road

The Council received a letter from Representative Bruce Long indicating that he had requested RIPTA to change the location of the Bus Stop and Shelter near Applebee’s to provide a safer location.  With Representative Long not in attendance and still smarting over the Airport Overlay District law, Councilman Vaillancourt noted, “Just when we need him (Rep. Long), he is not here.”

 

School Zone Safety Signs

Councilman Paul Roderiques inquired as to the status of the school zone signs.  Installation is scheduled in approximately two weeks.

 

Senior Citizen Tax Reduction

Councilwoman Santos introduced a new formula for senior citizen tax assessment credits.  Although all seniors (over 65) would receive a $12,000 assessment credit, low-income seniors would receive appropriately more assessment credit for lower household incomes.  The enactment of this new formula was continued for further discussion during the budget hearings.  Councilman Roderiques inquired whether this formula contains a tax freeze as discussed during the last political campaign and received the reply, “No it does not.”

 

Beach Issues

The Beach Subcommittee submitted the following items for Council approval:

·        Cape Codders 15th annual Memorial Day Weekend rally fee to remain the same at $2040; however, this year the Town will not absorb the cost of providing tables and chairs

·        Permission to allow Boy Scouts Troop #7 to build sign kiosks for alleyways

·        Recommend no price increase this year for season stickers

All items were unanimously approved. Councilman Vaillancourt introduced a motion to exempt motorcycles from daily and sticker fees.  This matter was continued to next meeting when the cost impact of this exemption will be discussed.

 

Sister City – Fayal, Portugal?

Councilwoman Suzi Nance introduced a proposal to establish a sister city and recommended Fayal, Portugal which created some heated discussion.  Councilwoman Santos stated that a majority of Middletown residents came from St. Michael, not Fayal, and furthermore St. Michael and Fayal “clash with each other”.  As a compromise, Councilman Roderiques suggested that the entire Azores might be adopted as the Sister City rather than just one of the islands.  The matter was referred to a subcommittee for investigation and recommendations

 

Maidford River Problem

Residents abutting the Maidford River south of Prospect Avenue complained of erosion of their land by the river.  Town Administrator Phil Coen indicated that the Town would attempt to clean the river when the weather permits.  Councilman Vaillancourt requested that a progress report be provided and Town Administrator Coen said that the new Administrator should be hired before the work is accomplished.

 

Flooding at Wintergreen Drive

Councilman Roderiques asked for an update on the Wintergreen Drive flooding problem.  Town Engineer Warren Hall explained that a meeting was held two weeks ago and further discussion are planned.  It appears that there is a disagreement as to the cause of the problem and therefore a solution is not apparent.  The matter will continue to be placed on future Council dockets until a resolution is obtained.

 

Cancellation of Taxes and Budget Transfers

The Council unanimously approved a tax cancellation list submitted by Finance Director Brown and approved General Fund and Sewer Fund budget transfers.

 

Police Station Air Conditioning

With Councilman Vaillancourt abstaining, the remaining Council members discussed the received bids for air conditioning of the Police Station.  Four bids were received ranging from a low bid of $16,100 to a high bid of $28,500.  The Police Chief, Building Inspector, and Finance Director recommended the selection of the third lowest bidder, Triangle Refrigeration, at $26,900.  Finance Director Brown explained that this was a design bid which resulted in differing systems and equipment with the different prices.  The “best design” was that submitted by Triangle Refrigeration.  Councilman Roderiques stating, “This is not apples for apples” and suggested that we go out for bid based on the system designed by Triangle.  Councilwoman Nance responded, “to take Triangle’s system and put it out for bid isn’t fair (to Triangle).”  In the end, the Council rejected all bids on a 6-1 vote (Nance opposed) and will seek new bids on the Triangle designed system.

 

Approved Purchases

The Council unanimously approved the following purchases by bid:

·        $207,435 Jet/Vacuum Truck – Resident Manny Mello said “it was one of the best things for the Town”

·        $29,950 Wood Chipper

·        $4,779 Line Striper – to some amount of laughter, a Council member asked if that was spelled with one or two p’s.

 

Residential Dumpster Ordinance Approved

The Council unanimously approved an ordinance requiring dumpsters in residential areas to be treated similarly as dumpsters in commercial areas with regard to setbacks for accessory structures and screening from view of abutting properties.

 

Council Endorses Senate Bill 256

The Council unanimously endorsed Senate Bill 256 which calls for a minimum five percent increase in the amount of school aid.

 

Council Receives Various Letters from Residents

The Council received the following letters from residents and took the following actions:

·        Richard Bohan suggested the development of lower Aquidneck Avenue into an attractive village town center.

·        Ronald Santa suggested Council members who abstain should identify why they are abstaining and not voting – referred to Town Solicitor for comment

·        Ronald Santa suggested that professional services contract with Northeast Engineers be reexamined in view of the fact that it was selected by ex-Administrator Michael Embury who is now an employee with that company

·        Manuel Mello suggested that Home Depot install sewer line in exchange for building on top of Town easement – changes have already been authorized and permits issued, however, new easement agreement will be reviewed by Town Solicitor

 

Appointment to Middletown Board of Canvassers

With the Democrats nominating Ella Murphy and the Republicans renominating Dorothy Petit, the issue was quickly decided on a 5-2 vote (Santos and Nance opposed).  Ella Murphy was appointed.

 

Aquidneck Island Planning Commission to Expand?

Representative Bruce Long, in a letter and in person, suggested that the Aquidneck Island Planning Commission might be expanded to include all of Newport County.  President Flynn told Representative Long that “you missed all the hot stuff and you’re here for the easy stuff.”  However, it was not all that easy as Councilman Vaillancourt insisted that Jamestown be notified that costs are included in joining the Commission.  Representative Long suggested that this idea is only for exploration not a firm commitment at this time.  In the end, the Council took no action as it awaits a recommendation from the Commission itself. 

 

Obviously the Council agenda was too long since President Flynn when recognizing Councilwoman Roarke to speak referred to her as “Mrs. Roarke” to which she emphatically stated, “It is Ms. Roarke.”

 

PUBLIC FORUM SESSION

No residents requested to speak.

 

The Council adjourned at 9:53pm.

APRIL 7, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:06pm.  Councilman Bruce Allen was absent.  The chamber wall clock actually indicated 6:30pm (36 minutes slow).

 

The 13-item consent calendar was unanimously accepted without discussion or debate.

 

Commendation for Robert Corey Continued

The Commendation for Robert Corey, 32 years of service on the Zoning Board of Review was continued to another meeting, date not yet determined, when Mr. Corey would be present.

 

Additional Operating Hours granted for Aquidneck Pizza

With no one speaking at the Public Hearing, the Council unanimously approved the renewal application for additional operating hours for Aquidneck Pizza.

 

Police Parade Gets Hawker/Peddler License

The K & S Novelty Company from Providence was unanimously granted five Hawker/Peddler Licenses to sell balloons and novelties along the parade route on May 4, 2003.  The Council stipulated and the application indicated that NO silly string would be sold.

 

Live Entertainment for Norman Bird Sanctuary

The Council approved a live entertainment license (guitar) for the Birds & Breakfast Event on May 18, 2003 at the Norman Bird Sanctuary – a yearly event.

 

Council and State Legislators at Odds

Town Planner Ron Wolanski introduced a bureaucrat from the State to answer the Council’s questions regarding the new state law requiring the inclusion of an Airport Overlay District in the new Comprehensive Community Plan.  Representative Bruce Long indicated that the State delegation was in attendance and could answer the Council’s question; however, the bureaucrat was allowed to speak and the Council asked questions of him.  The bureaucrat explained that the requirement is a federal mandate and this district must be addressed in the Comprehensive Community Plan, but the Council maintains full control since it will be the zoning ordinances, established and approved by the Council, that will govern all rules and regulations regarding this district.  The State delegation (Gibbs, Callahan, and Long) submitted requests to speak.  Senator June Gibbs began by stating that she was “not pleased with the tone of a letter” that she had received from the Council demanding an explanation of the new law and how she had voted.  She suggested, “you (the Council) could have found out by asking in a more congenial way” and chided “cooperation is a lot easier if not done in a confrontational way.”  She then concluded with the statement “this legislation is to prevent air crashes in the neighborhood which I am certain you don’t want.”  Representative Chris Callahan then spoke stating that she could “only echo June’s sentiments – there are better ways to handle this.”  Representative Bruce Long then reminded the Council that he is always at Council meetings and chided them to “raise your hand and ask me.”  Councilwoman Suzi Nance stated she was “appalled that such a letter was written to our Legislators – it is nothing I would send anyone unless I was looking for a fight.”  Councilwoman Karen Roarke stated that she had not written the letter and apologized to the Legislators if they felt that the Council offended them and then stated, “I really want to know who wrote the letter.”  The letter was written by Town Administrator Phil Coen on behalf of the Council per the instruction of Councilman Charles Vaillancourt at the last Council meeting.

 

Comprehensive Community Plan Adopted

The discussion regarding the Airport Overlay District was a prelude to the Public Hearing for the Comprehensive Community Plan.  Morris Hirsch and Gail Greenwood took the opportunity to discuss the Airport District.  Mr. Hirsch indicating concerns about federal mandates being rammed down our throats and Ms. Greenwood stating that she appreciated the additional time and study of this issue.  Platt Johnson suggested that Town regulations and DEM regulations should be “knitted better”.  The Plan was adopted unanimously and President Flynn noted that it was a “long time coming.”

 

Small Cities Community Development Block Grant

The Council unanimously approved the application in the amount of $525,000 for the Small Cities Community Development Block Grant.  Representatives from the following organizations spoke in support of their portion of the grant:

·        Church Community Housing

·        McKinney Shelter

·        New Visions

·        Visiting Nurse Services

The portion of the grant dedicated for the Senior Center is for kitchen renovations and a dining room partition.

 

Tax Exemption for The Healing Co-Op

Although the Council approved a tax exemption for the Healing Co-Op at the last Council meeting, they obviously failed to get permission from the State Legislature.  Correcting that mistake, the Council unanimously indicated support for enabling legislation to allow the tax exemption and sent this resolution to the State delegation.

 

Sewer Connections Approved

With recommendations from Public Works Director Thomas O’Loughlin and the Road & Utilities Advisory Committee, the Council unanimously approved sewer connections for William Valente, Allston Avenue and Michael Hall, Newman Drive.

 

School Committee to Receive Compensation?

Without making a recommendation, the School Committee submitted compensation data of School Committee members in other cities and towns.  As per the recent approved Charter changes, the Town Council is authorized to determine compensation for School Committee members.  No decision was made at this time but it will be a discussion item during the budget workshops.

 

Request for Portion of Navy Land

Representative Long informed the Council of his effort to acquire a small portion of the Navy land at the intersection of West Main Road and Connell Highway in order to construct a southbound right turn lane on West Main Road.  The Council granted its support in this endeavor with the caution that it be made clear that the Town was not attempting to acquire the entire portion of Navy land at this site.  Representative Long stated, “We (Legislators and Council) will work together harmoniously.”  To which Councilman Vaillancourt replied “as always.”  Many did not miss the sarcasm.

 

Residents Upset over Tax Assessment Notices

At the request of the Council, Finance Director Shawn Brown presented a status of the tax reevaluation program.  The deadline for appealing tax assessments to Vision Appraisal has been extended to April 19th.  The Town’s web site will shortly be updated to show a color-coded map showing the impact of tax assessments and an easy comparison to other taxpayers.  The final tax rate cannot yet be calculated since the reevaluation of commercial property will not be completed for another two or three weeks.  As for the residential reevaluation: the mean assessment for the old evaluation was $152,622 whereas the mean assessment for the new evaluation is $262,362 for a 72% increase.  Councilman Paul Roderiques and Councilman Vaillancourt both complained about the lack of advanced notice regarding the reevaluation – the assessments came out on a weekend where no one could be contacted!

 

Ramp at Senior Citizens to be Built at Last

With Councilman Vaillancourt recusing himself, the Council unanimously awarded a contract to J.A.M. Construction in the amount of $41,700 to construct a concrete accessible ramp at the Senior Center.

 

Wood Chipper to Auction & Police Car to School Department

The Council unanimously authorized the surplus sale of the Town’s old wood chipper and the transfer of a 2000 Ford Crown Victoria police cruiser to the School Department for its use.

 

Motorcycles to Continue to Pay for Beach Entrance

Finance Director Brown submitted a report regarding motorcycle fees at the beach as had been requested by Councilman Vaillancourt.  Last year motorcycles paid the following amounts for beach access:

·        $80 resident stickers

·        $360 non-resident stickers

·        $1215 daily parking

The revenue received was deemed to be too substantial to allow free motorcycle access.

 

Beach Concessions Awarded – Insurance an Issue

Finance Director Brown submitted five concession contracts for Council approval; however, a discussion ensued regarding the liability insurance the venders would be required to carry.  The bids were requested and received for $1M-$3M insurance ($1 million per individual and $3 million per occurrence); however, a vender asked if $1M-$2M would be acceptable since the $1M-$3M is difficult to obtain.  The following exchange between Councilman Vaillancourt and Councilwoman Nance would best be categorized as testy:

·        Councilman Vaillancourt, “How many of the contracts were single bidders?”

·        Councilwoman Nance, “It’s right there in your docket.”

·        Councilman Vaillancourt, “I am asking Shawn (Brown).”

·        Councilwoman Nance, “I didn’t think you saw it.”

After receiving the answer “three” from Finance Director Brown, Councilman Vaillancourt said he would like to see these contracts go out for rebid for the different insurance rate.  In the end, the Council decided not to rebid the contracts but also NOT to adjust the insurance requirements.  If a vender wishes to renegotiate the insurance rates and is willing to pass the savings along to the Town, then the Town may be willing to accept the change.  During the discussion, Councilman Vaillancourt inquired as to which vendor asked for the change and received the reply that it was Del’s Lemonade (owned by Representative Bruce Long).  Clearly there is a great amount of animosity and hostility between Representative Long and Councilman Vaillancourt, at least on the part of the Councilman.  The Council unanimously awarded the following concession contracts:

·        E. S. Marine, Inc. Beach Rentals - Beach Equipment Rental Concession $4,500

·        Island Sports - Mobile Surfboard Concession $2,200

·        Island Sports - Mobile Windsurfing Concession $2,179

·        Del’s Lemonade - Mobile Food/Beverage Concession-2nd Beach $10,500

·        Del’s Lemonade - Mobile Food/Beverage Concession-3rd Beach $500

 

Morrison Avenue To Get Street Light

With Councilwoman M. Theresa Santos, resident of Morrison Avenue, taking the lead and Police Chief William Burns supporting the residents’ petition, a streetlight will be erected at the dangerous curve on Morrison Avenue.  Reflective surface signs will also be installed.

 

Landscaping Compliance Ordinance Ordered Advertised

The landscaping compliance ordinance originally proposed by Councilwoman Roarke will be advertised for a Public Hearing on May 5th.

 

Fire Chief Relates Ongoing Fire Inspections

Answering Councilwoman Nance’s query about fire safety in the Town, Fire Chief Steve Martin stated that 45 inspections in Middletown have been completed since the terrible Station Fire in West Warwick.  Sixteen of the twenty-five liquor establishments in the Town have been inspected.  All new buildings constructed within the last five years have fire alarms installed.  In essence, Middletown is fire safe and inspections are proceeding nicely.

 

Councilwoman Roarke Speaks to Three Issues

Councilwoman Roarke requested to speak on three items

·        Intersection of Aquidneck and East Main – tells all to “Speak up now or forever hold your peace”

·        Kesson Farm – notes progress and now in the hands of the lawyer

·        Violations of the watershed protection Zone 1 on Plat 111 lot 9A

 

The latter issue resulted in considerable discussion as three residents spoke.  Mr. Sancini again spoke to the Council stating, “It’s a shame what has been going on there.  The Building Inspector’s approval, in memo, did not address the Watershed Protection District.”  Gail Greenwood stated, “Mr. Sancini has been given a major runaround.”  Philip Douglass complained of the noise and dust and stated that the business owner “could be more neighborhood friendly.”  Bob Reed spoke on behalf of the business operation indicating that alterations have been made to comply with all regulations and he is willing to listen to neighborhood complaints.  This prompted Mr. Douglass to blurt out, “You know what he told me when I called him? ‘I have a job to do, live with it.’”  In the end, no action was taken and Mr. Sancini was told that the proper procedure would be to appeal the Building Inspector’s decision to the Zoning Board of Review.

 

Councilman Roderiques Reports Committee Progress

Councilman Roderiques reported that the Road & Utilities Advisory Committee is reviewing and making changes in the funded/unfunded road list.  He also reported that the Demery Memorial Park Committee would be designing the park soon.

 

Town Being Sued for Death in Crosswalk Accident

The Council received noticed that it is being sued for $500,000 by the estate of Carmen McDougall citing the Town’s negligence in locating the crosswalk in an unsanctioned location.  The matter was referred to the attorneys.

 

Unanimous Appointments

The following individuals were appointed unanimously without debate:

·        Alan Kirby – Tree Warden

·        Edward Moy – Regular Member Zoning Board of Review

·        Peter VanSteeden – 1st Alternate Zoning Board of Review

·        Judith Brennan – Regular Member Juvenile Hearing Board

·        Michael Allen – Auxiliary Member Juvenile Hearing Board

·        George Ramsey - Auxiliary Member Juvenile Hearing Board

·        Jeffrey Boesch – Economic Development Advisory Appointment

·        John Finn - Economic Development Advisory Appointment

·        Gail Holmes - Economic Development Advisory Appointment

·        Tom Kowalczyk - Economic Development Advisory Appointment

·        Keith Stokes – Economic Development Advisory Appointment (Chamber of Commerce Representative)

·        Mary Behan – Demery Memorial Park Committee

·        Cheryl Boergesson – Demery Memorial Park Committee

·        Lester Carpenter – Demery Memorial Park Committee

·        Charles DiTucci – Demery Memorial Park Committee

·        Linda Finn – Demery Memorial Park Committee

·        Rana Johnson – Demery Memorial Park Committee

·        Linda Michaud – Demery Memorial Park Committee

·        Donald Parker – Demery Memorial Park Committee

·        Edward Sisk -– Demery Memorial Park Committee

 

Contentious non-Appointment

An appointment was not made to the 2nd Alternate position of the Zoning Board of Review since the names submitted did not receive a majority vote, each receiving only three votes:

·        Edward Silveira – Flynn, Roderiques, Vaillancourt in favor

·        Morris Hirsch – Roarke, Santos, Nance in favor

·        Robert Beebe - Flynn, Roderiques, Vaillancourt in favor

The position will be readvertised.

 

Unfilled Appointments

Insufficient applicants were received for the following positions:

·        Parks & Fields Committee

·        Pension Trust Fund Committee

·        Sister Cities Committee

The Council agreed to seek out applicants and the positions were ordered readvertised.

 

PUBLIC FORUM SESSION

Four residents spoke during the public forum session:

 

Paul Lamond indicated that the spring planting of trees is about to start.  Eighty-two trees at a cost of $28,000 will be planted.  Twenty-five of these trees will be planted on High Street.

 

Art Benner stated that we are subsidizing recreation more and more each year and out-of-town residents are using these services.  He recounted the following statistics:

            Fiscal Year                   Revenues                      Expenditures

·        2000-2001                   $30K                           $48K

·        2001-2002                   $21K                           $51K

·        2002-2003                   $35K                           $85k

·        2003-2004                   $41K                           $116K

 

Paul Roderick indicated that the water line would finally begin to be installed this week on Turner Road.  He also suggested that a fire hydrant be installed on the entrance island to Gaudet School so as to provide a second source of water to the school.

 

Manny Mello criticized the State for saying that the West Main Road sidewalks were illegal.  He stated that the State, not the Town, painted those sidewalks when the State last paved the roadway.

 

The Council adjourned at 10:45pm.

 

TO ALL CONCERNED ABOUT THE INTERSECTION OF GREEN END AND TURNER ROAD:
Please plan to attend a meeting at Town Hall, Thursday, 6:30pm, 4/10.  The purpose of this meeting is to discuss & review proposed design changes to the intersection of Green End and Turner.

APRIL 21, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:09pm.  All council members were present.

 

Four items of the 10-item consent calendar received additional scrutiny.

1.      Councilman Paul Roderiques questioned two items in the monthly financial report:

·  Why has the line item “Information Services” only used 42.49% of its budgeted amount with $426,067 remaining?  Finance Director Shawn Brown indicated that some of this money would be transferred to other budget line items and the next monthly report will reflect this.

·  Why are the Parks and Recreation revenues significantly below ($442,700) the budgeted amount?  Finance Director Brown responded that the season pass sales and daily admission fees for June have not yet been collected.

2.      Councilman Roderiques questioned one item in the school department monthly financial report:

·  Why is the line item “State Operations Aid” significantly below ($2,303,995) the budgeted amount? Finance Director Brown responded that those monies are received throughout the year.  The School Department projects an overall surplus at the end of the year.

3.      Councilman Roderiques questioned one item on the Bond Projects Report:

·  Why are the figures identical for the Chase Estates and King Road projects?  Is it a mistake? Finance Director Brown responded that it appears to be an error and will look into the matter.

4.      Councilwoman M. Theresa Santos questioned the status of the Library construction, especially the asbestos removal:

·  Library Director Robert Balliot responded that the Library would be closed during the next two weeks for the removal of asbestos.  When the Library reopens, only half the building will be in use as the remaining construction is completed.  Mr. Balliot also acknowledged the efforts of Senator June Gibbs who intervened on behalf of the Library to break a logjam of paperwork and required approvals.

 

Commendation for Robert Corey

The Commendation for Robert Corey’s 32 years of service on the Zoning Board of Review was finally accomplished after many postponements.  President Flynn read the Council resolution, presented Mr. Corey with a Town Tile, and made a few personal remarks.  Members of the Zoning Board presented Mr. Corey with a plague and Senator June Gibbs presented him a Senate Citation.  Councilman Charles Vaillancourt and Councilman Roderiques spoke in praised of Mr. Corey’s leadership during the time each was on the Zoning Board.  Mr. Corey thanked the Council and all the people he had worked with in the course of the last 32 years.

 

Police Parade Gets Another Hawker/Peddler License

The Northeast Import Company from Pawtucket was unanimously granted four Hawker/Peddler Licenses to sell balloons and novelties along the parade route on May 4, 2003.  The application indicated that NO silly string would be sold.

 

Another Pizza Shop in Town

The Council unanimously approved a Victualling house license for Carmello’s Pizzeria II, 330 West Main Road.

 

 

Public Hearing Continued

The scheduled Public Hearing for the Middletown Phase II Stormwater Management Plan was continued to the May 19, 2003 Council meeting.

 

Report on Discussions with Navy

Councilman Charles Vaillancourt reported on the coffee hour held with the Navy on April 8th.

·       Captain Cooper favors a study regarding the southbound right hand turn at the Connell Highway/West Main Road intersection before any approvals of land transfers can be considered.  The Council directed that a Resolution be prepared for the next Council meeting to be adopted and sent to the State Traffic Commission recommending that the study be initiated.  The Council also suggested that Senator Gibbs might be able to expedite this matter.  It is curious that Representative Bruce Long is apparently being ignored since it was his original idea.

·       Maps of restricted areas around Coastal Harbor and Coddington Cove were included in the report so as to provide information to local fishermen.

·       Next meeting will discuss hurricane procedures.  The Town’s Emergency Management Officer should attend.

 

Beach Report

Councilwoman Suzi Nance announced that the second Annual Beach Day would be May 10th during which time youngsters would be invited to help clean and paint the beach.  She also reported two items for Council consideration:

·       The Beach Commission recommends that 20% of net revenues annually should be set aside for infrastructure improvements.  The Council will discuss this matter during the budget workshops.

·       The Beach Commission requests Council support for a dune restoration project.  Public Works Director Thomas O'Loughlin explained that work is being done to restore the dunes in front of the main building.  He also suggested that after this year we should develop a 5-year and 10-year plan for dune restoration.  The Council took no action on this matter.

 

Dunlap-Wheeler Park Plans Finally Approved

Although no plans were attached to the docket, Councilwoman Nance asked for and received unanimous Council approval for the Dunlap-Wheeler Park plans after explaining that the Beach Commission, Tree Warden, and Tree Commission all approved the plan.  When Town Clerk Barbara Nash asked which of the many existing plans was the Council approving, she received the answer that it was the “Twelve Tree” plan.

 

School Committee Compensation Postponed

Town Solicitor Vernon Gorton reported that the Town Charter requires that “no change in compensation shall take effect until after the next general biennial election.”  President Flynn therefore continued the issue of School Committee compensation until next year since it cannot take effect until the 2005 budget.

 

Contract Awarded to Install Flashing School Zone and Speed Limit Signs

Two companies submitted bids for the installation of Flashing School Zone and Speed Limit Signs for Gaudet School on Aquidneck Avenue.  The low bid was $11,500 and the high bid was $11,600.  Resident Ronald Santa pointed out that the low bidder had submitted a price for Police Detail that was almost three times the amount quoted by the high bidder.  Mr. Santa then queried whether or not these figures might indicate that the low bidder would take three times as long to complete the project as the high bidder and suggested that the Council might want to consider this when awarding the contract.  The Council thereupon unanimously awarded the contract to Chris Electric (low bidder) in the amount of $11,500.

 

Emergency Sewer Repair

With Councilman Vaillancourt recusing himself, the issue of the West Main Road sewer was discussed.  Public Works Director O'Loughlin related the problem of a sewer backup into five residences caused by a break in the main sewer line.  An emergency repair was conducted by installing 42 feet of new pipe at a cost of $4600 to Mello Construction and overtime for Public Works employees.  The Insurance Trust has been contacted and will address the residents’ reimbursement.  An emergency bid for the repair of an additional 381 feet of sewer pipe was sought from three contractors, bids were received this day, and the low bidder will be awarded the contract and repairs will begin as soon as DEM approvals are obtained.  Resident Manny Mello suggested that the 381 feet of repair will not be sufficient and estimated that $500,000 is needed to fix the West Main Road line.  The Council indicated that based on Mr. Mello’s previous warnings about this sewer line, the Council had reserved monies to fix the sewer line and it is one of the Town’s highest priority projects.

 

Water Pollution Abatement Projects Priority List

The Department of Environmental Management requires each Town to submit a project priority list for water pollution abatement projects.  Middletown’s Road & Utilities Advisory Committee prepared such a list and the Council unanimously adopted it and forwarded it to the State.

 

Budget Transfers Approved

Finance Director Brown submitted requests to transfer monies from one budgeted line item to another in both the General Fund and the Sewer Fund accounts.  Without discussion or debate, the Council unanimously authorized these transfers.

 

Committee Established to Develop 5-year Financial Plan for Town

Councilman Roderiques submitted a proposal for establishing a committee to develop a 5-year financial plan for the Town.  Members of this committee shall include:

·       Representatives from Town Council

·       Representatives from School Committee

·       Representatives from Library Board of Directors

·       Town and School Administrators

·       Town Finance Department and School District Business Office

·       Members of the Financial Community

·       Middletown Residents

The Town Clerk will advertise to fill positions in the latter two categories.

 

Veteran’s Memorial & Residents Hall of Fame

Stating that it is an issue “Dear to my heart”, Councilwoman Santos proposed establishing a Veteran’s Memorial and a Residents Hall of Fame.  To accomplish these goals, one or two committees will be established to find suitable locations, define materials and structure, and determine names. The Town Clerk will advertise to fill positions on these committees.

 

No Longer a Contentious Appointment

With the full compliment of four Democrats in attendance, filling the position of the 2nd Alternate on the Zoning Board of Review was non-confrontational and was quickly accomplished.

·       Councilman Vaillancourt nominated Edward Silveira

·       Councilwoman Nance nominated Shirley Mello

·       Councilwoman Karen Roarke nominated Robert Connerney

The four Democrat Councilmen voted for Edward Silveira.  Since only four votes are needed for appointment, the matter was settled and voting for other nominees was neither needed nor conducted. 

 

Land-Use Three-Session Training Program

President Flynn proposed that all new Zoning Board members should attend a land-use-training program presented by “Grow Smart Rhode Island” and recommended that the Town pay the $30 per participant fee.  Furthermore, President Flynn suggested that any member of the Zoning Board, Planning Board, or Town Council who wishes to attend should do so, also at Town expense.  An oversight occurred since no Council vote was taken to expend these funds.

 

Additional Appointments

Stating that he had asked Hector Rodriguez to apply, President Flynn asked the Council to appoint Mr. Rodriguez to the Pension Trust Advisory Committee, which the Council unanimously did.  The Council also unanimously appointed David Lawrence to the Tree Commission per the recommendation of the Planning Board.

 

Suspension of the Rules

Asking for unanimous Council approval to suspend the rules and add an additional agenda item, President Flynn described the ongoing effort at the Senior Center in developing “Support Our Troops” boxes of various toiletries and personal items.  The Council unanimously approved an expenditure of $500 taken from the President’s Discretionary Fund to create 20 of these boxes.

 

PUBLIC FORUM SESSION

Three residents spoke during the public forum session:

 

Ronald Santa queried the reevaluation of commercial property recently completed.  He said that residential properties have increased 60-80% and if commercial properties had increased similar amounts the effect upon the actual tax bills should be minimal.  If, on the other hand, commercial properties increased over 80% then the residential taxpayer would receive a break in a lower tax bill.  However, if commercial properties had increased less than 60%, then the residential taxpayer would pick up a larger portion of the tax burden and residential tax bills would increase even before the budget is approve.  The question then is: What happened to commercial properties?  Answer: the commercial properties did not increase as much as residential properties increased.  Result: residential property taxpayers will be paying significant increases, especially after the budget is approved.

 

Art Benner stated, “A lot of illegal activity is going on in this Town.”  He was referring to the summer rental of rooms wherein the Town is supposed to collect $10 per room per year.  Last year 65 rooms were licensed and $650 was collected – this year to date, NO rooms have been licensed!  Mr. Benner also suggested that the $10 fee is far too small and should be significantly increased, especially when one considers that many of these summer rentals are “owned by out-of-towners.”

 

Manny Mello stated that the $450,000 reserved for Wood Road drainage construction is far too much - $50,000 is all that is needed to fix this area.  The remainder of the money should be transfer to either the Road Construction Fund or the Sewer Construction Fund.

 

The Council adjourned at 8:49pm.

MAY 5, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:05pm.  All council members were present.

 

One item of the 8-item consent calendar received additional scrutiny.

At the request of Councilwoman M. Theresa Santos, President Flynn read the Proclamation establishing the month of May as Senior Citizens Month in the Town of Middletown

 

Hurricane Emergency Procedures

Fire Chief Steve Martin, acting in his capacity as the Emergency Management Director, described the Emergency Procedures in Middletown.  The first concern is flooding.  A past problem has been communications; however, we have been adding redundancies in the communication system and are working on a direct communication between the hospital and Police/Fire.  We are working on evacuation routes – signs have been delivered to the Town and Public Works will be erecting them shortly.  Gaudet School has been designated as the Town shelter for emergencies.  As for command central, it used to be located in the basement of the Fire Station but since that area is prone to flooding, it has been moved upstairs.

 

Public Hearing Landscape Compliance Ordinance

Various residents spoke to the proposed zoning amendment, which will put teeth in our ordinance relative to landscaping proposals submitted by developers of commercial properties.  This amendment changes nothing regarding the requirements of landscaping but simply provides a mechanism to ensure that the agreed to landscaping are in fact completed and the plants/trees survive.

·       Gail Greenwood stated that this was a “fantastic ordinance”.

·       Paul Lamond, member of the Tree Commission, relayed the appreciation of the Tree Commission for this ordinance

·       Richard Lewis spoke in favor of the ordinance and sited the unfinished work by the developer of Kesson Farm

·       Antone Viveiros suggested a modification to hold 10% of the total project in escrow to be used to “make the job right” if needed.  The Council did not adopt this suggestion.

·       Morris Hirsch spoke in support of Mr. Viveiros’s suggestion.

·       Art Benner, responding to the question as to how to determine the cost of landscaping so as to compute the 150% bond, suggested that the initial proposal should include three bids from reputable landscapers.  The Council did not adopt this suggestion either.

·       Robert Silva, stating that he was speaking as a citizen and was not an attorney tonight, supported the concept of this ordinance.  He then, however, sounded very much like a lawyer as he asked many questions and requested permission to submit a list of written technical questions.  Councilwoman Karen Roarke, responding to Mr. Silva, stated that “this is a landscaping compliance ordinance not a landscaping ordinance amendment.”

The ordinance was received on its first reading; however, the Public Hearing was left open so as to receive additional comments (such as the technical questions from Attorney Silva).  Councilman Charles Vaillancourt thanked Councilwoman Roarke for putting this ordinance together.

 

Senior Citizens’ Tax Exemption

Councilwoman Santos reintroduced a proposed modification to the existing tax exemption for seniors that she and President Flynn have been working on.  Basically the plan would increase the assessment credit by $10,000-$20,000 and increase the maximum qualifying income from $22,000 to $30,000.  Finance Director Shawn Brown stated that if the plan were adopted, there would be $180,000 less revenue collected by the Town.  To compensate for the lost revenues the Council could increase the tax rate thereby requiring a slight shift in tax burden from the seniors to younger taxpayers.  In order to adopt the entire new proposal, enabling legislation must be sought to change the qualifying income figures and the Solicitor was directed to draft this proposed legislation.  It is unlikely, however, that the enabling legislation could be enacted this year.  However, raising the assessment credit amounts does not require enabling legislation and the Council will consider this modification at its next meeting.

·       Arlene Kaull, Senior Citizens Center Director, wanted clarification of these numbers to be able to explain the plan to the seniors at the Center

·       Antone Viveiros inquired as to whether these tax exemptions were a deferral whereby it would have to be repaid at the death of the seniors obtaining these exemptions. Answer: No, it was not a deferment.

·       Audrey Rearick, in a letter and orally, asked that age requirement be changed to include anyone who turned 65 during the year 2003.  Town Solicitor Vernon Gorton responded that such a change would effectively change the age requirement to 64 and therefore we cannot do that.  Ms. Rearick simply stated “I tried” and sat down.

 

Third Beach Road Unpassable

Councilman Paul Roderiques decried the condition of the private road portion of Third Beach Road stating that it was “unpassable.”  Some Council members suggested that we had in previous years thrown some asphalt on this private road to make it passable and we might be able to do so again.

 

Energy Conservation for Schools

Superintendent Rosemary Kraeger introduced a project, which would upgrade and modernize the energy consuming items in the schools (heat, light, etc.)  The project would pay for itself in the long run with energy savings amounting to $147,460 per year guaranteed.  To institute this plan, the Council must approve a Performance Contract with Honeywell and execute a Municipal Lease – this process will be similar to a lease-puchase agreement.  The total project will cost $3.6 million dollars; however, $1.4 million will come from existing bond monies.  The construction project will take 7 months to complete with most of the major construction occurring during the summer months when the children are not in school.  The Council will vote on this proposal at next Monday’s special meeting.

 

November 2003 School Bond

The School Committee is requesting the Town Council to secure enabling legislation for a November 2003 Bond to rebuild Linden School at a projected cost of $8.45 million.  This matter was postponed to next Monday’s joint meeting Town Council/School Committee.

 

School Building Advisory Committee

The School Committee requested that a Town Council member be appointed to the Building Advisory Committee as an ad-hoc member.  Stating that Councilman Vaillancourt did a good job on the last Building Committee, the Council unanimously appointed him.  Superintendent Kraeger was quick to point out that this was NOT a Building Committee but instead was a Building ADVISORY Committee.

 

Coddington Highway/West Main Road Intersection

The Council unanimously passed a resolution supporting the acquisition by the State of a portion of Navy property for the purpose of developing a southbound right turn lane from West Main Road onto Coddington Highway.  Representative Bruce Long requested to speak and indicated to the Council his ongoing efforts to promote this project.  The Council was eager to dismiss Representative Long and barely accepted the letters of approval that he offered to the Council stating that they were not necessary since the Council was adopting this resolution.  It is truly unfortunate and obvious that the Council does not want to give any credit to Representative Long for this project that he was the first to propose.

 

Another Appointment to the Demery Memorial Park Committee

Pete Johnson, 15 Riverview Avenue, submitted an application for the Demery Memorial Park Committee.  As has been the custom for all applicants to this committee, the Council accepted and appointed him for an indefinite term.

 

Two Tax Tier System in the Offering?

President Flynn had asked the Finance Department to prepare an analysis of the impact on residential and commercial tax rates should a split residential/commercial tax rate program be instituted.  This request was predicated upon the recent reevaluation which had residential properties increasing in valuation at a much greater rate than commercial properties thereby causing a shift of tax burden to residential and away from commercial.  Finance Director Brown indicated that if the commercial tax rate were to be made $2 more than the residential tax rate the tax burden shift would be lessened but not completely eliminated.  Councilman Vaillancourt stated that he had supported a two-tier tax rate before the reevaluation and supports it even more now.  Town Solicitor Gorton was tasked to draft enabling legislation to allow for this two-tier tax system, however, it appears unlikely that the legislation will be passed during this session of the Legislature and therefore this tax relief is unlikely to occur in the coming year.

 

PUBLIC FORUM SESSION

Two residents spoke during the public forum session:

 

Richard Lewis, on one hand, thanked the Council for speeding the process of installing streetlights and sidewalks at Kesson Farms but, on the other hand, complained about the twenty-one months it took to get this done.  He also said that there is $100,000 of landscaping and drainage work remaining to be done and questioned if he would have to wait another three years to get it done.  Mr. Lewis then asked if any Town inspector had received a reprimand for the original project?  Since personnel matters are not public information, no answer was provided.  As for the Kesson Farm construction, President Flynn indicated, “You are on the front burner of getting things done.  We are not going to do other things first.”

 

NOTE: Councilman Bruce Allen left at 9:11pm during Mr. Lewis’s talk.

 

Manny Mello complained of the condition of Green End Avenue and the storm water ditch that needs fixing suggesting that 400 feet of pipe needs to be installed NOW.  President Flynn reminded Mr. Mello that money for this project must first be found.

 

The Council adjourned at 9:16pm.

MAY 19, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

After waiting for Councilman Paul Roderiques (7:05pm) and Councilwoman Suzi Nance (7:07pm) to arrive, President William Flynn called the meeting to order at 7:09pm.  All council members were present.

 

Acting as a Board of License Commission

The Council ordered advertised for a public hearing, a BL Alcoholic Beverage License for Telly’s Café, 147 Aquidneck Avenue.

 

14-item consent calendar

The consent calendar was adopted without discussion or debate.

 

Council Donates Money for High School Students Trip

Maureen Maurer, Project Coordinator, petitioned the Council for funds to defray the cost of sending some high school students to Knoxville TN this week.  They will compete in an international competition for creative problem solving in a program called Destination Imagination.  These students won the state competition by writing a play and have been invited to compete in the international competition as representatives of Rhode Island.  The Council decided to give the same amount as in previous years, namely $100 per student.

 

Tax Incentives for New Businesses

Robert Silva and Keith Stokes, members of the Economic Development Committee, presented a proposal to the Council for an economic incentive program to attract new businesses to the Town.  This proposal would create tax stabilization by reducing property taxes during the first five years at the following rates: 100% in 1st year, 80% in 2nd year, 60% in 3rd year, 40% in 4th year, and 20% in 5th year.  After the fifth year there would be no tax reduction and the business would pay its full share of taxes.  A proposal such as this is needed because Middletown is not competitive with our neighboring communities since they have been designated as Enterprise Zones by the State.  The West Side of Portsmouth and the entire Town of Tiverton have this Enterprise Zone designation while the North End of Newport will soon be so designated.  These Enterprise Zones offer considerable state tax advantages to new businesses and therefore Middletown, which does not qualify for this designation, must develop incentives of its own in order to be competitive.  The Council authorized the Economic Development Committee to draft a written proposal for the Council’s consideration.

 

Council Seeks Enabling Legislation for $8.4 million School Bond

Expressing various amounts of concerns and/or support, the Council unanimously voted to seek enabling legislation to place an $8.4 million bond referendum on the ballot of a Special Election to be held November 4, 2003.  Saying that this decision is “personally painful”, Councilman Charles Vaillancourt decided to let voters decide the question although he “has serious reservations about the proposal.”  Councilwoman Karen Roarke stated that she “too was conflicted but is leaning toward support.”  President Flynn stated that “the Town has always supported good schools” and Councilman Roderiques summed up the Council’s position by stating that “it’s not up to the seven people up here (on the dais) to decide the fate (of Linden School), it is up to the voters.”  Each of the School Committee members expressed thanks to the Council for seeking the necessary enabling legislation for placing it on the ballot.  During Lee Fenton’s presentation, Councilman Vaillancourt heaped praise on her and the School Committee for the good lines of communication established between them and the Council.  Ms. Fenton concluded by stating “Thank you Charlie.  I’ll take the arrows out now (from her back).”

 

Landscaping Compliance Ordinance Adopted

Without further discussion or debate, the Council unanimously adopted the landscaping compliance ordinance that has been in the works for the past few months.

 

Zoning Change Public Hearing Continued

The Public Hearing for a zoning change from Residential to General Business for the northwest corner of One-Mile Corner was continued to the June 16th meeting.

 

Council Seeks Permission to Exceed 5.5% Cap on Taxes

For the third or fourth year in a row, the Council hesitantly but unanimously voted to seek State permission to exceed the 5.5% cap on property tax increases.  The reason cited for this request is the expenditure of $1.5 million for the dump, which has significantly reduced the Town’s surplus. Finance Director Shawn Brown believes that this reason is sufficient for the State to approve the Town’s request. Councilwoman Nance stated that this “does not lock us in, but only provides an option.”  Councilman Vaillancourt was less circumspect by stating, “this will allow us the opportunity to create a Capital Improvement account.”  A 5.5% cap would limit the tax rate to $15.68; whereas, with the cap removed and exceeded by $1.5 million the new tax rate would be $16.47.

 

Council May Seek $6 million Sewer Bond

With residents Art Benner and Antone Viveiros expressing caution, the Council unanimously decided to notify the RI Clean Water Agency that $5,985,000 worth of sewer construction is contemplated for the coming year.  This notification process does not necessarily commit the Town to these construction projects but simply allows the Town to borrow funds at an extremely low interest rate from the RI Clean Water Agency if the Town were to obtain voter approval for such loans.  A decision by the Council to seek voter approval for a sewer construction bond has not yet been made.

 

Public Hearing Continued

The scheduled Public Hearing for the Middletown Phase II Stormwater Management Plan was continued to the July 21, 2003 Council meeting.

 

Cancellation of Taxes for Certain Middletown Taxpayers

After some discussion as to how difficult it is to collect taxes from businesses that have gone defunct, the Council unanimously cancelled taxes from a list of taxpayers deemed to be uncollectable.

 

Howland Avenue – Private or Public Road?

At the request of Councilman Roderiques, resident Francis Nunes was allowed to address the Council regarding Howland Avenue.  Mr. Nunes contends that the road, in previous years, had been maintained by the Town and is seeking help from the Town to correct the conditions that make this road impassable today.  Mr. Nunes is seeking Public Works manpower to recreate a gutter, which existed before the Cemetery, and thereby prevent water runoff from undermining and destroying the road.  The Council is hesitant in getting involved because it may be a private road which creates legal complications.  The Solicitor has been directed to examine the matter and determine the status of the road.  Note: the southerly portion of this road is paved and in good condition whereas the northerly portion is unpaved and impassable.  President Flynn recused himself on this matter since he lives on this road (the southerly portion).

 

Juvenile Hearing Board to Increase in Size

Citing the recommendation of Police Chief William Burns, Councilman Vaillancourt sought to increase the size of the Juvenile Hearing Board.  Town Clerk Barbara Nash, however, informed the Council that the Board was established by ordinance and therefore an amendment would be needed.  The Solicitor was directed to prepare such an amendment with the first reading to occur next Monday at the Special Meeting and the second reading to occur at the next regular Council meeting.  The Clerk was instructed to advertise for applicants to the Board.

 

Chase Estates Needs Dead End Sign

Resident John Byrne sought help from the Council for a problem created by the construction site of Home Depot at the Ames Shopping Plaza.  Because of the ongoing construction, people leaving the movie theatre and taking a right on Chase Lane believe that by taking the next right at the stop sign will get them back to West Main Road.  However this right turn leads them to a dead-end within Chases Estates and this added traffic in the neighborhood is not appreciated.  Mr. Byrne was seeking a temporary (five month) solution while the construction occurs by installing a sign indicating the road to be a dead end.  The matter was referred to the Police Chief for a recommendation.

 

Turner Road Progress?

In a letter to the Council, Ronald Santa requested a status report of the Turner Road project and an expected completion date.  Public Works Director Thomas O'Loughlin indicated that a meeting with Dicon (contractor) is scheduled for tomorrow in which numerous issues are to be ironed out.  President Flynn indicated that Mr. Santa had a web site pertaining to Turner Road and asked Public Works Director O'Loughlin to give the information and results of the meeting to Mr. Santa to put on his web site “so that it can be factual”.  Mr. Santa then responded “It (the web site) is all factual” resulting in a smattering of laughter and prompted President Flynn to amend his statement “so as to keep the web site up to date.”

 

Manny Mello Speaks Out

Manny Mello submitted a letter to speak on two issues.  He advised the Council against the School’s energy project approved at the last Council meeting.  Mr. Mello also discussed the West Main Road sewer construction, indicating that the worst area in front of Rocky’s is not being addressed.

 

Senior Citizen Tax Relief May Not be Enough

Town Solicitor Vernon Gorton submitted to the Council a proposed ordinance to increase senior citizens tax exemptions as discussed in the previous Council meeting.  This ordinance only alters the assessment exemptions since the qualifying income levels require State Legislature approval.  Councilman Roderiques, citing various numbers for an average house, indicated that this average senior citizen would pay $700 more in taxes this year after the budget is adopted.  These numbers appeared to mystify the Council and since the intent of this ordinance was to provide tax relief to senior citizens, the Council decided to refer the matter to Tax Assessor William Shorey to compute realistic numbers.  It appears that the Council does not want senior citizens to have ANY tax increase next year – perhaps the Council should consider not raising taxes on ALL Middletown taxpayers, rather than seeking relief from the state mandated 5.5% cap! 

 

State Legislation to Change Senior Tax Exemption

The Council also unanimously approved a resolution seeking enabling legislation to raise the income eligibility of seniors.  Rather than asking the Legislature to raise the level from $22,000 to $30,000, the request has no dollar amount so that the Council will be able to set whatever income level it deems appropriate.

 

Two Tax Rates – Residential and Commercial

Town Solicitor Gorton provided the Council with proposed enabling legislation, which would allow the Council to set two different tax rates in the Town – residential and commercial.  Six business owners spoke in opposition to the dual tax rate system basically objecting to increasing the burden on businesses.  President Flynn explained that the recent reevaluation has resulted in the average residential taxpayer having a tax increase of $230 whereas the average commercial taxpayer would have a $2900 decrease in taxes.  The two tax rate systems would be a method to balance the inequity created by the reevaluation.  This issue seems to have split the Council almost down the middle with some favoring the two-rate system and the others opposed.  On a 4-3 vote with Allen, Nance, and Santos opposed, it was decided to seek the enabling legislation so as to be able to debate the enactment of such a tax rate division.

 

PUBLIC FORUM SESSION

Three residents spoke during the public forum session:

 

Ronald Santa accused the Council of lying to him and other Turner Road residents when the Council previously said that the sewer installation on Turner Road would increase the value of the Turner Road residents’ properties.  Mr. Santa’s accusation prompted a heated response from Councilman Bruce Allen who criticized Mr. Santa for his vitriol.  Mr. Santa then continued and said that Vision Appraisal claims a sewer installation does NOT increase the value of residential property and therefore Mr. Santa’s request for an assessment reduction was denied. 

 

Manny Mello queried why Middletown uses policemen on construction projects rather than flaggers who would be cheaper.  He says that every other Town uses flaggers, why don’t we?   No response was given.

 

Paul Roderick complained about the construction on Turner Road citing contract provisions that require daily road sweeping and weekly temporary asphalt patches covering on all trenches.  He claimed that neither contract provision is being adhered to and asked why?  Public Works Director O'Loughlin was directed to respond to Mr. Roderick following tomorrow’s meeting with Dicon.

 

The Council adjourned at 10:08pm and moved into Executive Session to discuss Land Acquisition (Town Center).

JUNE 2, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:07pm.  All council members were present.

 

6-item consent calendar

Councilwoman Karen Roarke asked to speak on consent calendar item number five – a notice of a Zoning Board hearing for a sign variance for the School Department.  Councilwoman Roarke wanted to know why a Town Department was requesting a variance from a Town ordinance.  The Council asked for an explanation from Superintendent Rosemary Kraeger who referred the matter to Morris Hirsch.  Mr. Hirsch explained that the sign was being purchased by a Parent Teacher Organization and given to the School Department as a replacement sign at the Turner Road entrance to Gaudet School.  The sign will allow messages to be displayed announcing various events at the school, i.e. Football Game at 2:00pm.  Since the sign needs to be large enough for the message to be readable, it exceeds the limit of the sign ordinance thereby necessitating a variance.  Although originally scheduled to be heard by the Zoning Board on May 27th, it was continued to the May 10th meeting.

The remainder of the consent calendar was adopted without discussion or debate.

 

Live Entertainment License for the Norman Bird Sanctuary

The Council unanimously granted an Amusement License for June 8, 3:00pm-7:00pm at the Norman Bird Sanctuary.  The event is dedicated to the Chamber of Commerce Walk for 3rd Beach.  President Flynn suggested that as many Middletown residents as possible should attend since the money is needed.

 

Drain Layer License for HK Equipment Corporation

Without debate a drain layer’s license was unanimously awarded to HK Equipment Corporation, Portsmouth.

 

Sunday Selling license for J.A.M. Construction Co.

The Council unanimously granted a Sunday Selling license to J.A.M. Construction Co. before hearing the concerns of a residential abutter.  The abutter was then allowed to speak although he had not submitted the required written request to speak form.  The abutter spoke of the constant noise and constant movement of trucks at the establishment on Aquidneck Avenue.  He stated that J.A.M. has “no respect for the neighbors … and will now wake us up on Sunday mornings.”  He said that he had begun writing complaint letters to the Council in 1994 and recently had filed a complaint with the Police at 1:30am.  President Flynn thereupon recommended rescinding the vote and continued the matter to the next meeting asking J.A.M. to appear for questioning.  The Council unanimously rescinded the license approval.

 

School Department’s Energy Savings Performance Contract

An independent consultant was hired to evaluate the Energy Performance Contract that the School Department wants to enter with Honeywell Corporation.  John Farley made such an independent appraisal of the contract preparing a detailed report for the Council.  Mr. Farley made eight suggestions to improve the contract, four of which were deemed critical and necessary.  A meeting of Town officials, Honeywell employees, and Mr. Farley concluded with Honeywell accepting the major suggestions offered by Mr. Farley.  Councilman Paul Roderiques asked for comparative information with other Honeywell contracts.  Town Administrator Philip Coen related three phone calls he had made: (1) Randolph, MA is happy with the system, (2) Portsmouth, NH is expanding the system to Town facilities, and (3) Lebanon, NH is also please with the system.  Resident Manny Mello offered a cautionary note suggesting that we should wait a year and gather more information.  Councilman Charles Vaillancourt stated that he had asked all the tough questions, had gotten the answers, and now moves to approve the contract subject to review by an energy-expert lawyer.  The Council unanimously approved the contract.

 

Wheeler Park to be Rest Stop for a Walk Rhode Island Event

The Council received a letter from Suzanne Cross, Walk RI Coordinator, seeking use of Wheeler Park as a rest stop for the annual Walk Rhode Island event on October 4, 2003.  The Council indicated its consent without a formal vote and directed the Clerk to inform the Atlantic Beach Club that this would be happening.

 

Sign for Soccer Fields

Bonnie Murphy requested a sign for the existing soccer fields on Wyatt Road, which would read: “Middletown Murphy Ogden Farm Soccer Fields.”  She stated that Ex-President George Andrade had “promised her any sign she wanted.”  Ms. Murphy also said that there are “a lot of feelings about this land … and a lot of people want something else.”  Councilwoman Roarke indicated support for the sign and stated, “wherever the soccer fields wind up, the sign should go with it.”  President Flynn then responded, “within eight months we will know what is going on (with the soccer fields).”

 

Council Seeks Enabling Legislation for $8.4 million School Bond

Although the Council unanimously voted at its last meeting to seek enabling legislation to place an $8.4 million bond referendum on the ballot of a Special Election to be held November 4, 2003, the matter was again on the Council docket.  No explanation was offered for its reappearance - perhaps an amendment was required.  In any event the Council unanimously approved it again.

 

Capitol Improvement Program

Town Solicitor Vernon Gorton submitted a proposed draft ordinance for the creation of a Capitol Improvement Program whereby an amount of approximately $1.5 million will be allocated from the annual budget each year.  The monies accumulated would NOT be used for normal operating expenses nor salaries but would be restricted solely for capitol improvements, i.e. roof replacements, road construction, sewer installations, etc.  Resident Antone Viveiros criticized the program suggesting that this legislation would allow the Council to exceed the 5.5% tax increase cap each and every year in the future.  President Flynn responded, “wrong – you are dead wrong on this issue.  It is a one time only exceed of the cap.”  President Flynn postulated, “we should in future years be able to live within 3 ½% inflation rate and not even approach the 5 ½% cap.  He also stated that he has “asked all departments to live within a 3 ½% increase this year.”  The proposed ordinance was continued to the June 9th budget workshop where more discussion and amendments may occur.

 

Asphalt Contract Awarded

Resident Antone Viveiros criticized the bid summary for asphalt in that the roads to be repaired were not identified.  Councilman Roderiques stated, “we will do that next time.”  Art Benner, Roads & Utilities Commission, then indicated that four roads have been identified for repair: Green End Avenue (portion), Wyatt Road (portion), Newport Avenue, and Vaucluse Avenue.  At an approximate cost of $160,000 per mile, this work should total $600,000.  Councilman Vaillancourt indicated that the work should be done because “we don’t want to lose another paving season.”  The discussion then turned to the workload of Town Engineer Warren Hall.  Councilman Vaillancourt read a long list of projects on which Mr. Hall is working, prompting Councilwoman Suzi Nance to state “we are getting our money’s worth with you.”  Town Administrator Coen stated, “we have been investigating the possibility of using consultants to ease the workload.”  Councilwoman Nance suggested to Mr. Hall that he should look into the feasibility of using graduate student interns.  In the end, the Council unanimously awarded the asphalt contract to the low bidder, P. J. Keating Company, Cranston.

 

Flail Mower Purchase Approved

The Council unanimously approved the purchase of a Flail Mower ($3,400) from the low bidder Stanton Equipment, East Windsor, CT.

 

Bailey Brook Watershed Protection Plan

Representative Bruce Long related his efforts, along with Senator Lincoln Chaffee’s office, to get federal assistance in protecting the Bailey Brook watershed.  It was determined that a previous federal law allows for a one-year study at no cost to the Town after which the Federal Government will pay for most of the work but not all.  A presentation will be offered at the next Council meeting.  Councilman Bruce Allen thanked Representative Long for his effort and coordination.  President Flynn added “Thanks Bruce.”  Resident Vincent Sonsini took the opportunity to update his efforts regarding Bailey Brook indicating, “most violations have been corrected.”  Mr. Sonsini then added that a study is not needed, that we have all the regulations in place that we need to protect the watershed; the only thing needed is strict enforcement.

 

Senior Citizen Tax Relief Not Yet Enough

The proposed ordinance to increase senior citizens tax exemptions was again before the Council for its consideration.  President Flynn, however, was not yet please with the numbers in the ordinance and continued the matter to the June 9th budget workshop.  President Flynn explained his action as a means to “insure that seniors get something better than they have now.”

 

Slate Hill Farm Sewer Project

Resident Jay Manning urged the Council to proceed with the sewer installation project for Slate Hill Farm suggesting that a funding source without bonding is available through the RI Clean Water Financing Agency.  Councilman Vaillancourt stated, “if there is a funding mechanism, I would support the project.”  President Flynn echoed these comments.  Resident Manny Mello stated “we should not tackle this project until we get our sewer system in order.”  The Council took no action.

 

Complaint of Illegal Dumping

In a letter to the Council with attached photographs, Pauline St. Pierre complained that an abutting property is a growing dumping area with an abandoned car, an oil drum, and other trash.  Town Administrator Coen stated that he “wished you would have come to me” and indicated that corrective action will soon occur.  The property owner has been notified and agrees to clean the property and the car owner has been ordered to remove it in two days or the Town will do so and bill him for the work.  President Flynn said to “give us this week to solve the problem.”  Councilwoman Nance added that this matter “goes hand-in-hand with the proposed trash ordinance” and asked the Solicitor what was happening with the ordinance.  Town Solicitor Gorton responded that he needs to talk with Building Inspector Jack Maloney.

 

Open Space Acquisition Fund Committee

Councilwoman Roarke submitted a proposal to establish an open space acquisition fund and committee.  Since no council member had an opportunity to read the proposal, the matter was continued to the June 16th meeting so that meaningful input could be gathered.  Resident Mason Hawes applauded the concept.

 

Park & Fields Committee Appointments

All five applicants were unanimously appointed to the Parks & Field Committee:

·        Eileen Hadfield

·        Bonnie Erickson

·        Mason Hawes

·        Deborah Luhrs

·        Michele Stern

 

Juvenile Hearing Board

The second reading of the proposed ordinance expanding the Juvenile Hearing Board to seven members was read and the ordinance was unanimously adopted.  The only additional applicant, Janet Oakley, was appointed.

 

PUBLIC FORUM SESSION

Two residents spoke during the public forum session:

 

Ronald Santa, citing his letter at the last meeting, indicated that his questions about the progress of Turner Road have yet to be answered and again asked, “When is the Turner Road construction going to be completed?”  Public Works Director Thomas O'Loughlin responded “we are trying to get Dicon (contractor) to put a schedule in writing but as of yet have been unsuccessful.”  Councilman Roderiques asked, “At what point do we say enough?”  Town Administrator Coen responded that is not Tom’s (Public Works) call, that’s Vern’s (Solicitor).”

BOTTOM LINE: Completion date is unknown.

 

Manny Mello addressed the traffic jam caused by the construction at the intersection of Aquidneck Avenue and East Main Road.  He asked why with five traffic cops at the site we couldn’t get the traffic moving and stated that it was the biggest traffic jam Middletown has ever had and doubted if Emergency Vehicles could have gotten through.

 

The Council adjourned at 9:22pm and moved into Executive Session to discuss collective bargaining (Police Contract).

JUNE 16, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:06pm.  All council members were present.

 

Telly’s Café Gets BL Alcoholic Beverage License

Attorney Christopher Behan presented the case for a new beer & wine license for Telly’s Cafe on Aquidneck Avenue.  The license was unanimously granted subject to a closing hour of 10pm.  Later during the regular Council docket, the Council unanimously approved a Victualling House License for Telly’s Café.

 

18-item consent calendar

Councilman Paul Roderiques asked three questions regarding the monthly report and Finance Director Shawn Brown provided answers:

·       Why was there a big jump in one month in the IT account?  Simply a result of the billing cycle.

·       Why has Public Works expended 101% of allotted budget?  Transfer will be forth coming.

·       Why doesn’t Hampton Inn impact fees show up in budget?  Separate account for impact fees

Councilman Roderiques asked two questions regarding the Bond Projects Report:

·       Why do many project status (e.g. Birchwood Manor) indicate “nearly complete” and have done so for six months?  When will the projects be completed?  No satisfactory answer was provided.

·       What is status of loam and seeding of Wabasso Terrace that is scheduled for spring 2003? Will be done.

Councilman Roderiques inquired as to why the Fire Department Leave Replacement OT is $73,000 more this year receiving the reply that the Fire Department is down three men at this time.  Two fire fighters are soon to be hired.

The remainder of the consent calendar was adopted without discussion or debate.

 

Sunday Selling license for J.A.M. Construction Co.

Robert Reed, J.A.M. Construction Co., appeared before the Council to answer questions about the business.  Mr. Reed said that the Sunday operation will be retail only, 9am-4pm, with sales from inside the store and loose products outside (mulch, etc.).  He promised that there would be no construction and no product deliveries on Sunday.  Abutting resident Ray Abraham spoke in opposition to the Sunday license saying that “we just want some peace and quiet on one day” claiming that the daily operations is extremely noisy.  Mr. Abraham stated that “Historically, what they (JAM) say they are going to do, they don’t do.”  In a letter to the Council, Resident Kraig Ruth stated that “JAM does not respect the neighborhood” and asked if the recently deposited fill comes from the West Main Road site and will it contaminate the surrounding properties.  Mr. Reed responded that the fill does come from the West Main Road site that Vincent Sonsini had asked to be moved.  No answer regarding the impact of the fill material on the surrounding Aquidneck Avenue properties was offered.  Councilwoman Karen Roarke attempted to restrict the Sunday license to a 12 noon opening that was acceptable to the abutters; however, Councilman Bruce Allen moved to grant the license with a 10am opening.  The Sunday Selling License was the approved on a 5-2 vote with Councilwoman Roarke and Councilwoman M. Theresa Santos opposed.

 

Zoning Change from Residential to General Business at One Mile Corner

The public hearing, continued from the May 19th meeting, was held for a zoning change from Residential (R10A) to Traffic Sensitive General Business for the property on the northwest corner of One Mile Corner.  Attorney Robert Silva presented the case for the petitioner indicating that the Planning Board had recommended approval but with significant constraints and limitation that the petitioner had agreed to.  Attorney Chris Behan, representing the owners of abutting property across the street in Newport, opposed the zoning change stating that a majority of the property is located in Newport and that the Newport portion is zoned R10.  Mr. Behan suggests that most of the permitted uses that the zoning change would allow would not be permitted in Newport’s R10 zone.  Three other Newport residents abutting this property objected to the zoning change stressing that it would negatively impact the residential nature of the Newport neighborhood.  Mr. Silva, in rebuttal, pointed out that the objectors were all Newport residents and indicated that the next step in this process after the Middletown approval would be to apply for a zoning change in Newport where these same objectors “would get another bite of the apple.”  The Council received the petition on its first reading and continued the Public Hearing to the July 14th meeting for its second reading and possible adoption.

 

Guarantees of Performance for Subdivisions Approved

The Planning Board submitted proposed amendments to the Subdivision Rules and Regulations that would guarantee performance of subdivision projects.  The Council received and unanimously approved these proposed amendments.

 

Proposed Village Style Development for Vanicek Property

The Council received from the Planning Board a proposed Comprehensive Plan Amendment for the 78-acre Vanicek property off West Main Road.  This proposal is currently being studied and modified by the Planning Board and was submitted to the Council for their comments and suggestions.  The concept involves a mixed-use zoning district, which would prohibit “big-box” commercial development, allow townhouse development, and preserve at least 40% of the district as open space.  This project will be discussed at the next Planning Board hearing.

 

Capitol Improvement Program

A Town Ordinance creating a Capital Improvement Plan was received on its first reading and will likely be adopted at the next Council meeting.

 

Revaluation Adjustment Ordinance

A Town Ordinance allowing the Tax Assessor to adjust tax exemptions was received on its first reading and will likely be adopted at the next Council meeting.  The Tax Assessor will be able to administratively adjust tax exemptions so “that the drop in the tax rate coincident with revaluation will not result in decrease of the dollar value of the exemption.”  This ordinance does not impact the Senior Citizens exemption since that was addressed by separate ordinance in previous meetings.  It does impact exemptions for veterans, gold star parents, blind and disabled, etc.

 

Open Space Acquisition Fund Committee

Councilwoman Roarke’s idea to establish an open space acquisition fund committee was discussed and accepted.  The committee will develop ways to acquire monies to be used for land purchases without using General Fund revenues.  Ex-officio members from the Planning Board, Zoning Board, Town Council, and Aquidneck Island Land Trust will augment the nine-member board composed of Middletown residents.

 

Consultant Hired for Air Conditioning Project

The Council unanimously approved the hiring of Raymond Horridge to design and supervise the installation of an air conditioning system for the Police Station.  Mr. Horridge will receive in compensation an amount equal to 10% of the total construction package, not to exceed $4000.

 

Coddington Highway/West Main Road Intersection Plan

With much humility and generous praise, Councilman Charles Vaillancourt asked Representative Bruce Long to update the Council on the progress of the right-hand turn lane for this intersection.  Representative Long, thanked the Council profusely for its support and indicated that the project is part of the 2006 TIP program which might not get constructed until 2007, 2008, 2009, or later under normal DOT operations.  Representative Long is attempting to convince DOT that this needs to be done sooner than later and is asking DOT to remove this project from the 2006 TIP and accelerate its construction.  Again thanking the Council for its support and cooperation, he indicated “that is how we get things done.” 

EDITOR’S COMMENT: perhaps the feud between Councilman Vaillancourt and Representative Long is over.

 

$2.5 million Sewer Bond Referendum

The Council unanimously approved proposed enabling legislation to allow a sewer bond question to be submitted to the Middletown electorate at a Special Election to be held on November 4, 2003.

 

West Main Road Sewer Funding Approved

The Council unanimously approved using the entire remaining sewer bond funds for the West Main Road Sanitary Sewer Replacement project.

 

Town Health and Dental Plans Revised

The Council unanimously approved a revision of the Health and Dental plans offered to Town employees.  The revisions are intended to clarify the terms of the Town’s Premium Only Plan “in order to facilitate the administration of the Plan.”

 

Manny Mello Criticizes Sewer Project for Home Depot

Addressing the Council with reference to his submitted letter, Manny Mello criticized the sewer construction for the Home Depot project.  Mr. Mello stated that “this sewer should go where we want it, NOT where the developer wants it” and further stated that “it is going to cost us hundreds of thousands of dollars down the road (to fix it).”  Public Works Director Thomas O'Loughlin stated that “the overall package is fair and in the best interest of the Town.”

 

Westridge Condominiums Flooding

Addressing the Council with reference to their submitted letter, Jack and Kathy Kelly complained of the lack of communication from the Town.  Stating that it has been a year since the last Council meeting in which the drainage problems of the Westridge Condominiums was discussed, they wanted to know the status and who was responsible for fixing the problem.  Another resident of the area complained that a “Certificate of Occupancy was awarded to the contractor who distinctly violated the (construction) plans.”  President Flynn indicated that the Town was not responsible and was only acting as an independent third party trying to help.  Toward that end, Town Engineer Warren Hall stated that he had drafted plans that would fix the problem and had submitted the plans to ex-Town Administrator Michael Embury last July.  It was concluded that Mr. Embury sat on these plans and did not inform the Westridge Condominium Association that the plans had been drafted.  Current Town Administrator Philip Coen was directed to get the completed plans to the Westridge Condominium Association.

 

Petition for Water Installation Withdrawn

A petition from residents for the installation of water on Ellen Road and Columbia Road was withdrawn without explanation.

 

Objection to Personal Water Craft at Third Beach

The Council received a letter from Anthony Amado, 206 Corey Lane, objecting to Personal Water Craft usage at Third Beach.  The Council took no action.

 

Council Donates $100 to NAACP

The Council unanimously approved the expenditure of $100 to sponsor a TEE at the Sixth Annual Golf Tournament for the Newport County NAACP.

 

Memorial Approved?

Lynn Sokol requested permission to erect a cement slab and stone memorial bench, at no cost to the Town, up on the hill over looking 2nd beach next to Kyle Hall’s memorial.  The Council unanimously approved the request.  Councilwoman Roarke then asked “Is that land ours?” No one seemed to know the answer to that question.  Ms. Sokol then asked “Do you know who I should talk to?”  President Flynn responded “I wouldn’t talk to anybody.”  A lot of back pedaling then ensued with the realization that the TV camera was rolling and it is unclear what the final disposition was.  Did the Council give approval for the Memorial on land not owned by the Town?

 

Summer Council Meeting Dates Established

As has been the custom for many years, the Council decided to hold only one regular meeting in July and August.  These dates are as follows:

·       July 14

·       August 18

 

PUBLIC FORUM SESSION

Three residents spoke during the public forum session:

 

Ronald Santa questioned the Police Details on the East Main Road construction project.  Is the Town paying for the Police detail?  Is the Town required to provide the Police Detail?  Since it is a State road, why aren’t State Police being used?  The Town seems to believe that the Police detail was being paid by Narragansett Electric; however, the answers will be discovered and relayed to Mr. Santa

 

Art Benner, citing the long lines and delays at the Transfer Station on Saturdays, suggested that a summer beach employee be assigned on Saturdays to help unload trash at the Transfer Station, especially assisting the Senior Citizens.

 

Manny Mello complained about the construction project at Oxbow, stating that the contractor left an open ditch over the weekend that filled with a lot of water.  Mr. Mello was concerned that a small child would fall into the ditch and perhaps drown in the 14”-24” water.

 

The Council adjourned at 10:00pm and moved into Executive Session to discuss land acquisition (Kempenaar Valley).  This particular Executive Session may not be legal, however, since President Flynn did not read the proscribed notice of Executive Session.

JUNE 17, 2003 BUDGET PUBLIC HEARING #1

 

After waiting for Councilwoman Suzi Nance (7:06pm) and Councilman Charles Vaillancourt (7:07pm) to arrive, President William Flynn called the meeting to order at 7:09pm.  All council members were present.

 

The Town Council chambers were filled to near capacity as some of the 100-200 residents were standing, although seats were available.  Before the meeting, a resident passed out yellow stickers bearing the words “Common Sense” which was worn by nearly every resident.  EDITOR’S NOTE: It has been a long time since the yearly budget hearings has drawn such a large crowd.

 

President Flynn began by announcing that there would be three separate public hearings, one each for the Town/School Budget, Sewer Budget, and Parks & Recreation Budget.  He then explained the format to be used and asked each speaker to state name and address before making comments or asking questions.  Unlike previous years where discussion on the School budget preceded any comments on the Town budget, this year the two budgets were combined and residents could address either or both.  EDITOR’S NOTE: This format was perhaps the best format ever used, offering the residents flexibility in advancing their comments and as a result the hearing proceeded smoothly and efficently.

 

The first public hearing began on the combined Town and School Budget.  Twenty-four residents spoke with four of them asking for and being granted a second opportunity.  In nearly each case, the basic theme expressed by the residents was that the proposed budget was too high, that the residents cannot afford the proposed tax increases, and that the Council should cut and slash the budget.  At 9:20pm with no other residents desiring to speak, the Council closed the hearing, received the budget on its first reading, and recessed for a ten-minute break.  EDITOR’S NOTE: A detailed account of these hearings can be found at the end of this summary.

 

At 9:32pm the Council reconvene and proceeded with the public hearing on the Sewer budget.  The Council chambers were nearly empty with only 12 residents remaining for the rest of the evening.  Even one of the council members (Bruce Allen) had departed – actually he returned about two minutes before the Council adjourned for the evening.  Two residents did speak on the Sewer budget.  The Council then closed the hearing, received the budget on its first reading, and proceeded to the last public hearing for the Parks& Recreation budget.  One resident spoke on this budget before the Council closed the hearing, received the budget on its first reading, and adjourned for the evening at 9:51pm.

 

The second public hearing on these three budgets will be held in the Town Hall on Monday, June 23 at 7:00pm at which any resident will be allowed to speak, including those resident who spoke at the first public hearing.

 

DETAILED ACCOUNT

 

Disclaimer: The following account is a synopsis of the comments made by the residents.  Owing to the poor quality of the sound system, especially on the microphone used by the public, often the comments by the residents were not clearly understood.  Every effort was made to accurately identify each speaker and their comments; however, the poor sound quality may have caused errors for which the Middletown Newsletter apologizes.  Anyone desiring to correct any information contained within this newsletter is encouraged to contact us.

 

Town/School Budget Hearing

 

  1. Elizabeth Bozyan, speaking for “Common Sense”, stated that the budget imposes considerable hardship to taxpayers resulting in tax increases of 18% to 50%.  She told the Council that the budget must be cut in order to make Middletown affordable.
  2. Morris Hirsch said he worked for Brown University.  Every department at Brown University has been given 3% LESS than last year.  While no one is happy, everyone at Brown is working toward these figures.  Mr. Hirsch then told the Council “we can do the same”.
  3. Lesley Henderson said, “something is terribly wrong here” and added that we are struggling to pay these exorbitant taxes.
  4. David Lavine stated that we cannot afford what we could afford 4-6 years ago caused by the confluence of budget increases and reevaluation increases.  He told the Council there is only cutting available to you and suggested that the Capital Improvement Program should be cut, although by itself it has merit.  He likened it to a Middletown building being on fire and the Council proposing to add an addition to the building as the fire was ongoing.
  5. Art Benner stated a discrepancy exists with the numbers for last year’s budget indicating that the listed value is $1.1 million more that what was approved last and queried whether during the course of this year we actually received, and spent, an extra million dollars (no response was given).  Mr. Benner then addressed a number of individual items including the lack of sufficient revenues collected from the room tax and concluded by stating that we must “stop looking at ways of spending money and start looking for ways to save money.”
  6. (Name not discernable) recommended a 5% decrease in the budget although recognizing that we all need to pay our fair share of taxes.  She also suggested that the school systems of the three communities on the island should merge.
  7. Donald Parker question why last year we had a $2.3 million use of “designated fund balance” whereas this year there is none.  He asked where the money came from and why can’t we get some this year so as to hold the taxes down.  Finance Director Shawn Brown and President Flynn explained that the moneys came from a reserved account (surplus) acquired during a conversion of the Town’s Pension System and was used to pay for the dump closure ($1.5M), the Turner Road water installation ($330K), and the Bird Sanctuary land acquisition ($300K).
  8. Manny Mello complained of excessive Police and Fire overtime and the School Department $2.5M energy contract.  He suggested that tax-exempt property should be asked to make contributions in lieu of taxes.
  9. Steve Prime told the Council that the time has come to start cutting back suggesting that we institute zero base budgeting practices.
  10. Frank Bozyan, quoting Justice John Marshall’s statement that ‘the power to tax is the power to destroy’, said that his ability to live here (Middletown) is being destroyed by the ability to tax.  He said that his taxes have increase more than 5 times the inflation rate during the last few years explaining that he personally pays more local taxes that federal or state combined.  Mr. Bozyan suggested that the Council should “limit budget increase to less that the cost of living for a few years and let reality catch up.”
  11. Edward Hole state that something is radically wrong since his taxes are going up 25% this year.  He stated, “the Town must live within its means.”
  12. Carol Cummings stated, “if this were an election year, the budget would not be the way it is.”
  13. Ronald Santa addressed a number of items in both the Town and School budget but apparently made errors in his calculation as his projected numbers were different that the Town/School officials.  He suggested that at the next hearing he would return with the proper numbers and make the appropriate comments.  As for a general comment, Mr. Santa suggested that it was time for the Town Council and School Committee to take a tougher stance during contract negotiations (thunderous applause) and suggested that the residents and taxpayers were willing to support the elected officials in any future employee strikes.

 

Councilman Bruce Allen interjected that a notation be made on the calendar since it was the first time he had actually agreed with Mr. Santa.  Councilman Allen then proposed that some form of longevity homestead tax relief be sought for long-time Middletown residents and directed the Town Solicitor to examine the legality of such a homestead act.

 

  1. Chris Henderson indicated many budget line items show a 14% increase and this has “got to stop”

 

In response to various discussions at this time, School Superintendent Rosemary Kraeger indicated that as part of the last teacher contract negotiations, the teachers now contribute 5% co-pay toward their medical insurance.

 

  1. Tina Weaver asked what a 5% co-pay in medical insurance amounts to in dollars, receiving the reply that it amounts to approximately $500 per year.  Ms. Weaver then stated that she pays $200 every two weeks and concluded by stating that she supports cuts in the budget.
  2. Elizabeth Ivy, a teacher herself, then cautioned the crowd that it is okay to be anti-spending but that they should be careful not to be anti-teacher.  She suggested that Middletown should not become a place where teachers do not want to work.  Editor’s Note: while agreeing with Ms. Ivy that teachers should be admire and respected, it is becoming clear that teachers AND all Town employees must begin to share in the burden of heavy taxation and must relax their demands during contract negotiations.
  3. Del Martin, a businessman in the Town, said we must come up with other solutions than increasing the property tax.  Although he expects criticism from other business owners, he supports the proposal to institute a two-tier tax system for the Town.  Mr. Martin suggests that a business owner had the opportunity to increase his income while senior citizens on fixed-incomes do not.
  4. Bob Hiebner stated that, as a result of reevaluation, his property valuation has increased from $160K to $411K with the result of a large projected tax increase.  Mr. Hiebner recommended regionalization as a means of saving money.
  5. Theresa Spengler stated that, as a business owner herself, she is fearful of a two-tier tax system in that it may result in her having to close her business.  She further indicated concern for her child’s future and said that she didn’t want to be forced out of Town because she couldn’t afford the taxes.
  6. Antone Viveiros said that he has been hearing for five years that we have got to get a handle on taxes.  He indicated that bond monies have been misused and called for a stop to deficit spending.  Mr. Viveiros concluded by recommending that all projects be stopped until the financial house is put in order.

NOTE: Councilman Allen left the dais and left the room as Mr. Viveiros began talking and did not return until two speakers later.

  1. Mike Demarco explained that his valuation has increased 60%, his taxes are expected to increase 30%, his porch roof is leaking and his house needs $25K of repair.  He concluded by stating that he is 81-years-old and asked “What can I do?”
  2. Walter Wasowski stated that it is time to look outside the box.  Indicating that Middletown is becoming the shopping center of the island, Mr. Wasowski suggested that we should look at creative ways to share the tax burden.

NOTE: At the beginning of Mr. Wasowski’s presentation, Councilwoman Suzi Nance left the dais and left the room.  At the conclusion of Mr. Wasowski’s presentation, both Councilwoman Nance and Councilman Allen returned to the dais.

  1. (Name not discernable) stated that what she paid for her house when she bought it years ago is the same amount she is now paying in taxes, concluding, “that is outrageous.”
  2. Payson Fugitt suggested that there was an error in the computer program, which has resulted in the reevaluation inconsistencies.

 

Sewer Budget Hearing

 

  1. Art Benner suggested that the Council should increase impact fees.
  2. Payson Fugitt asked if the sewer usage rates would remain relatively constant receiving an affirmative reply.  The rate for homeowners using well water will remain at $350 per year.

 

Park & Recreation Budget Hearing

 

1.  Art Benner suggested the elimination of the Harbormaster and the moorings at Third Beach since expenses in this area exceed revenues by $17K.  He also criticized the Recreation Department citing that expenditures exceed revenues by $71K and indicating that this deficit has been increasing yearly.

 

JUNE 23, 2003 BUDGET PUBLIC HEARING #2

 

At 7:10pm with the Council Chambers bulging at the seams due to a Standing Room Only crowd, President William Flynn took to the microphone to announce that the meeting was being moved to the Gaudet School cafeteria.  A member in the audience strenuously objected stating, “We are here now, why move?”  The explanation given was two-fold: (1) a fire safety issue since the Chamber had a 150 seating capacity and (2) President Flynn was concerned that those standing in the back might not be able to hear.  The Council opened the meeting at the Town Hall, because it was advertised to be there, and immediately recessed the meeting to reconvene at Gaudet in one-half hour.

 

EDITOR’S NOTE: the following overheard comments represent the feelings of a number of residents relative to the change in meeting sites: “They should have done this from the beginning.  They knew how many people were coming.  But what do you expect, the way they run this Town.”

 

At 7:40pm in the Gaudet Cafeteria, President Flynn apologized for the move and announced that they were waiting for Councilwoman M. Theresa Santos and Councilwoman Suzi Nance to reconvene.  While waiting, President Flynn took the opportunity to introduce Town Department Heads, the School Committee, and some of the School Administration so that the residents could have an opportunity to “put a face with the name.”  At 7:49pm the Council reconvened the meeting with all council members present.

 

TOWN/SHOOL BUDGET

 

Thirty residents spoke with a recurring theme that the proposed budget was too much and cuts, cuts, and more cuts are needed.

 

1.      Elizabeth Bozyan, representing “Common Sense”, stated that we must keep Middletown affordable, we have no option, and we must cut this budget.  She suggested that each department should take a 2% cut and that the proposed Capital Improvement Program must be delayed.

2.      Joe Borges inquired as to who gave the Council the “right to give money away”, citing $300K for the Bird Sanctuary land, $500K for the Aquidneck Avenue land purchase, $185K for civic support, and the projected millions of dollars for the Town Center project.  He asked the Council to “keep down the spending, like we do at home.”  Mr. Borges ended with the statement that he would like an answer but received none at this time.

3.      Morris Hirsch voiced opposition to the Capital Improvement Program stating that taxpayers will have no control over these funds and that taxpayers should approve all large expenditures.

4.      Linda Anderson asked the Council if they noticed we were in a recession and told them to not “climb all over the taxpayers’ backs”.

5.      (Name not discerned) said he would like to hear the answers to all the questions previously posed.

 

President Flynn then explained that all the council members were in favor of the use of $300K for Bird Sanctuary land acquisition, that the $500K Aquidneck Avenue land purchase was necessary to prevent a “big box” commercial building, that the Aquidneck Avenue site is available for school purposes, and that the Council has set aside money to purchase the valley.   Councilwoman Karen Roarke stated, “I want open space” as a rational for the monies spent.  At this point Ms. Bozyan, from her seat, stated that she wanted answers to her suggestion about cuts – the Council gave no response.

 

6.      Kathy Connell suggested that the large tax increases will make it that nobody can afford to keep any land as open space and as a result out-of-towners will come and buy the property and build big houses.  She cited Governor Carceiri’s comments on behalf of retirees that 3% salary increases for public employees are too high.  Ms. Connell concluded by stating that leadership shows during tough times and urged somebody to take the lead in replacing the regressive property tax with a more equitable revenue source.

7.      Carol Cummings criticized the recent reevaluation process and suggested that a revisit of the commercial properties is needed to equalize the assessments.  She urged cuts in all department budgets and suggested the Town either lease or sell the Aquidneck Avenue property as a source of revenue.

 

At this point President Flynn explained three areas the Council is pursuing to provide some relief to Middletown taxpayers.  Legislation has been proposed and may be approved by the State Legislature this year to (1) increase property tax exemptions for Senior Citizens and (2) allow a split tax rate system in the Town  - different tax rates for commercial and residential.  President Flynn then addressed previously approved legislation that would allow taxpayers in financial difficulties to defer property tax payments until the house is sold or the owner is deceased.

 

8.      Antone Viveiros questioned whether the people would get a chance to vote on these pieces of legislation, receiving the reply that an opportunity to speak on each item will be afforded at Council meetings but only the Council will vote the issues.  Mr. Viveiros then criticized the “Bond Amortization” line item in the budget, saying that it has doubled from $400K to over $800K in the last year.

 

President Flynn stated that voters in previous elections had approved all the bonds.

 

9.      (Unidentified man) without giving his name and address said, “this budget will do grievous harm” and suggested that 80%-90% of Middletown taxpayers would favor cutting the budget.  He then criticized the Capital Improvement Plan suggesting that it is simply a new “spending vehicle – period.”  His comments prompted Finance Director Shawn Brown to explain the proposed Capital Improvement Plan.

10.  Frank Bozyan followed Director Brown’s comments by stating that the ordinance describing the Capital Improvement Plan “is very much different that what has been described here.”  Later in the evening, Mr. Bozyan, using his scientific expertise as an astronomer said the reevaluation process is flawed because the shorter time (3 years) and the small segments into which the Town has been divided produces wild fluctuations in sampling techniques thereby causing distortions in the computation of fair market values.

11.  Al Gauthier, recently moving from Massachusetts to Rhode Island, said the budget process is broken.  In Massachusetts, he said, voters decide if Prop 2 ½ is to be exceeded, whereas in Rhode Island a bureaucrat decides if the 5.5% cap is to be exceeded.  He suggested that a separate building & grounds department for the Schools and the Town doesn’t make sense and supports regionalization to accomplish economies of scale.

12.  Richard Sheffield was proud to say he was a longtime Indian Avenue resident but the question now becomes whether he even wants to stay in Middletown.  He said that his property has increased 99% during the last reevaluation and increased 225% over the last few assessments.  Mr. Sheffield then quoted statistics regarding education:  RI teachers 7th highest paid in the nation, RI per pupil cost 7th highest in the nation, but Rhode Island’s teenagers are not among the nations leading readers.  He then asked “shouldn’t our performance match what we are paying?”

13.  Pamela Raymond made a plea for increased voter participation during elections.

14.  (Name not discerned) stated that after a 20% increase in his taxes this year, what was he going to be stuck with next year – another 20%?

 

In response, President Flynn mentioned the upcoming Sewer Construction and School Building referenda, hinting that the passage of these bonds could necessitate future tax increases.

 

15.  (Name not discerned) asked the Council who among them is going to reduce the budget?

 

President Flynn answered that they all will be reducing the proposed budget and Councilman Charles Vaillancourt stated that he “intends to ask for steep reductions.”

 

16.  Bob Bowerman stated that the Capital Improvement Plan is a bad idea and sounds a lot like the Rhode Island Building Authority.

17.  Soul Woythaler received the loudest applause of the evening as he suggested that the Council should “throw out this reevaluation.”  He further said that he didn’t know why businesses get a break and he has to pay a lot more.

 

President Flynn explained that the reevaluation process is State mandated and the State is the one that needs to change it.

 

18.  Del Martin stated that he doesn’t hear many solutions proposed.  He said that rather than the talking he hears, he believes there would have been shooting if other people got the large increase in assessment that he did.  He further cautioned “we are in big trouble now, but we’ve got bigger trouble coming.”

19.  Mary Laverty asked why she doesn’t receive a senior citizen exemption like she used to.  She added that she was 91 years old and asked how old did she have to be to get the senior exemption?  No response was offered.

20.  Gladys Silveira cautioned against increased senior exemptions stating that the entire burden of taxation cannot be placed on the young people.

21.  Mary Clarke seemed to be one of the few residents willing to accept the proposed budget as she asked, “Could you afford a house somewhere else”, adding “I couldn’t.”

22.  Alan Shers, property owner but resident of Portsmouth, was the only person who believed that the reevaluation process was correct.  He did recommend a freeze on spending and suggested Public/Private partnerships for sewer and school construction projects.

23.  Ellen Bozyan stated that the assessment increases would prevent her from living on her parent’s homestead.

24.  Ronald Santa, stating that he had corrected his calculation errors of last week, reiterated the need for the Town Council and the School Committee to get tougher during contract negotiations.  Public employee salary increases are not the only impact on the budget – FICA, medical insurance, and pensions all contribute to significant budget increases per town employee.  Mr. Santa suggested that the total package of salaries and benefits be negotiated so as to limited the entire increase to 3.5% or possibly even to the Cost of Living index.

25.  Manny Mello suggested that a single health plan for all Town employees could be a cost savings instead of the multitude of separate plans now existing.  He said that the student population decreases every year, yet the School budget always increases.

 

Superintendent Rosemary Kraeger responded that the student enrollment fluctuates up and down year-by-year.

 

26.  Mike Demarco said his 50% assessment increase doesn’t seem to make sense when compared with the market value of his home.

27.  John Lenard reminded the Council that they don’t hesitate to ask for our vote during elections and stated that it is now time for them to listen to the residents.

28.  Tom Silveira recommended a one-year freeze for the budget.

29.  Payson Fugitt again suggested that the reevaluation computer program was flawed and asked the Council how it was going to validate the reevaluation process, receiving the reply that the Tax Assessor is responsible for that.

30.  Theresa Spengler cited the inability of the appraisal personnel to explain the calculation process.  She suggested the process was flawed since in her case the original assessment did not take into account that ¾ of her property was wetlands.  Upon appeal, the assessment was reduced by $50,000 because this land is unbuildable.

 

President Flynn thanked the audience for coming and the comments they made.  The Council then received the budget on its second reading, closed the public hearing, and recessed at 10:25pm for 5 minutes before addressing the remaining two budgets.  The Council will adopt a budget, possibly with amendments, at a future Council meeting.

 

With only seven residents remaining in the audience the Council reconvened at 10:37pm and quickly dispensed with the Sewer Budget and Parks & Recreation Budget as no resident chose to speak on either.  The Council then adjourned at 10:39pm.

 

DISCLAIMER: The preceding account is a synopsis of the comments made by the residents.  Every effort was made to accurately identify each speaker and their comments; however, the Middletown Newsletter apologizes for any errors that may have been made.  Anyone desiring to correct any information contained within this newsletter is encouraged to contact us.

JULY 14, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

Disclaimer: I did not attend this meeting in person since I was on vacation.  In an attempt to report something for the archives, I videotaped the meeting from cable television, reviewed the tape, and reported on that.  Unfortunately the sound quality is not good, especially for the Town officials sitting at the table; consequently this report may at times be incomplete.

 

President William Flynn called the meeting to order.  All council members were present.

 

9-item Consent Calendar

The consent calendar was adopted without comment or debate.  President Flynn recused himself from item #9 without explanation.  Item #9 was listed as renewals for mechanical amusement devices for the following named persons, firms or corporations:

Boston Concessions Group, Inc. d/b/a Holiday’s Cinema

MDP Investment and Holding Co.

Newport Checkers Pizza, Inc.

TARP Enterprises, Inc.

 

Licenses Granted

New Victualling House Licenses were granted to:

The Green Bean Café, 567 East Main Road

Aquidneck Meat Market, 800 Aquidneck Avenue

New Sunday Selling Licenses were granted to:

Aquidneck Meat Market, 800 Aquidneck Avenue

SBTC, LLC, 878 West Main Road

Knitting Traditions and More, 1077 Aquidneck Avenue

A new Tattoo License was granted to:

Michael A. Boissoneault, 1 Coddington Highway

 

All licenses were approved unanimously without comment or debate, except President Flynn questioned the word acupuncture on the tattoo license and wondered if the Council approved these procedures.  The matter was cleared up when it was pointed out that the word on the form was Accupicture not acupuncture.

 

Zoning Change from Residential to General Business at One Mile Corner Approved

The public hearing, continued from the June 16th meeting, was reopened for a zoning change from Residential (R10A) to Traffic Sensitive General Business for the property on the northwest corner of One Mile Corner.  Attorney Robert Silva presented the case for the petitioner indicating that this zoning change was NOT changing the comprehensive plan but was merely bring the zoning into compliance with the comprehensive plan, which indicates the area as General Business zone.  Furthermore, the Planning Board has recommended approval but with significant constraints and limitations which limits the uses to which the land can be applied and the petitioner has agreed to these limitations.  Attorney Chris Behan, representing the owners of abutting property across the street in Newport, opposed the zoning change and asked the Council to reject this petition but at a minimum to further eliminate some potential uses of the property.  Resident Gail Greenwood expressed her opposition to the zoning change.  The Council approved the zoning change subject to the exempted uses suggested by the Planning Board and added a further exclusion of Oil & Gas Sales Office.

 

Capitol Improvement Program Adopted

A Town Ordinance creating a Capital Improvement Plan was adopted unanimously.  Included in the ordinance is an automatic increase in the budgeted amount proportional to the overall increase in the budget.  The Town Solicitor was also directed to look into the possibility of including this program in the Town Charter so as to further inhibit future Councils from minimizing or deleting the program.

 

Tax Exemptions Adjusted to Compensate for Revaluation

The Council unanimously approved an ordinance to allow the Tax Assessor to administratively adjust exemptions for veterans, gold star parents, blind and disabled, etc. to compensate for the drop in tax rate coincident with revaluation so as to not decrease the dollar value of the exemption.

 

Accumulated Waste on Private Property Ordinance

Town Solicitor Vernon Gorton presented the Council with a number of changes to strengthen the Town Ordinance controlling waste and trash on private property and to allow the Building Inspector to more efficiently and effectively police this matter.  The ordinance changes will be submitted for its first reading and subsequent adoption at the next Council meeting.  In addition, the Council authorized the Solicitor to pursue an additional surtax on vacant and abandoned property.

 

Water Line Assessment Ordinance – 1st Reading

After finally receiving State Legislature approval, the Council received on its first reading an ordinance which will allow the Town to charge abutting residents for the installation of new water lines in the Town, similar to the manner in which sewer lines are charged.  The ordinance will likely be adopted on its second reading at the next Council meeting.

 

West Side Master Plan

Kelly Woodward, Executive Director Aquidneck Island Planning Commission, presented the Council a publication titled The West Side: The People, The Place, The Process.  This publication will serve as a basis for drafting and adopting the West Side Master Plan to be used as a guide for developing the west side of the Town.  It is hoped that next year the Council will adopt the West Side Master Plan into Middletown’s Comprehensive Plan.

 

Stormwater Management Plan Continued Yet Again

Owing to the delay in RIDEM’s completing the general permit, Town Planner Ron Wolanski asked the Council to postpone the hearing to September 15, 2003.

 

Cancellation of Taxes for Certain Middletown Residents

The Council unanimously cancelled the taxes for some residents.  This is generally a routine function for instances where the taxes are deemed uncollectable.  Typically the list of individuals receiving said cancellations are included in the docket so that any recognizable name could be further examined.  Unfortunately said list of cancellations were not included in the docket package, probably as an oversight.

 

Turner Road Construction

Paul Roderick and Ronald Santa wrote the Council to place in the public domain information received from the Town Administrator regarding the Turner Road contract, contractor, and expected work.  NOTE: this letter and information is included on the update section of the Turner Road web site.

 

Manny Mello Speaks

Much to the annoyance of Councilman Bruce Allen who continually prodded President Flynn, Manny Mello addressed the Council for longer than the five minutes allowed.  Mr. Mello had submitted a letter to the Council asking to speak on several items:

1.      When will West Main Road Sewer work begin?  Answer: Soon.

2.      When will road pavings begin? Answer: Soon, should have been this week.

3.      Which road paving will be first? Answer: Not certain, was supposed to be Green End Avenue.

4.      Why can’t the Town do something to help Mr. Nunes on Howland Avenue? President Flynn responded, “I think Tom (Public Works Director) is trying to work something out.”  Councilman Paul Roderick stated “We do it for Third Beach Road (a private road). I don’t know why we can’t do it for him (cold patch the road).”

5.      What happened to the sewer moratorium? Answer: It expired on June 30th and the Town Solicitor says we will be sued if we try to extend it.

6.      Why don’t we enforce the Town ordinance against destroying stonewalls? Answer: the ordinance is ineffective and unenforceable.

 

Art Benner also spoke regarding the stonewall situation complaining about the fifty feet of wall torn down on Paradise Avenue and the Building Inspector’s comment that it was “water over the dam.”  Everyone seemed to deplore the destruction of stonewalls in the Town; however, nobody seemed to be able to do anything about it.

 

Patriot Act Opposition

Joya Granbery Hoyt asked the Council to support a November referendum in opposition to the Patriot Act established by the United States Congress in response to the September 11 terrorist attack on the United States.  The Middletown Town Council was eager to show its support of the US Constitution and the Bill of Rights and agreed that the Patriot Act was an infringement upon citizen’s rights.  The Council unanimously endorsed a resolution passed by Jamestown and approved a similar resolution, substituting the word Middletown for the word Jamestown, and sent it along to the State Legislature calling for the November referendum.  It was unfortunate that no one was in attendance to defend the Patriot Act and it is troubling that this country should so soon forget the devastation of September 11th!

 

Commissioning of the USS Chafee (DDG-90)

The Commissioning Committee for the USS Chafee requested a contribution from the Town to help defray the cost of commissioning activities scheduled for October 18, 2003 at the Newport Naval Station.  President Flynn cautioned the members that the President’s discretionary fund contains only $5000 and must last all year.  A short bidding war occurred ($25, $50, $100, $200) and in the end the Council approved a $100 donation.

 

Claims Against the Town

The Council received three claims against the Town of Middletown and referred them to the Town Solicitor:

1.      Winnie Fitzgerald, a serious fall on an unfinished and unpaved sidewalk in Island Farm

2.      Toppa’s Laundry, loss of business revenue due to road construction

3.      Sandra Mills, a fall at the Middletown High School car wash at Burger King

 

Reappointments to Conservation Commission

After receiving a letter from Vincent Sonsini objecting to the reappointments of the Conservation Commission members on the grounds that they were not performing their duties, the Council unanimously reappointed Stanley Grossman and William F. Burns Jr.

 

Appointment to Personnel Review Board Continued

The council continued the matter of appointing a member to the Personnel Review Board although the Chairwoman of the Middletown Democrats, Mary Elizabeth Garrett, had submitted the name of George Ramsey.

 

Meeting with State Delegation to Discuss Alternative Taxing Structures

The Council set aside August 14th at 7:00pm for a meeting with the State delegation to discuss alternative methods of taxation and exemptions.  The Council received considerable complaints and objections during this year’s budget hearings and is looking for ways to reduce the impact of tax increases in future years.

 

PUBLIC FORUM SESSION

One resident spoke during the public forum session:

 

Leslie Henderson, Indian Avenue, complained about the revaluation process saying that her property increased 130%.  She says that she now pays in yearly taxes more than twice what she originally paid for the land and property.  She also added that she opposes the inclusion of the Capital Improvement Program into the Town Charter and recommends instead that the Capital Improvement Program have a sunset date.

 

The Council adjourned one hour and 45 minutes after the start and moved into Executive Session to discuss collective bargaining (Library).

AUGUST 18, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:07pm.  All council members were present.

 

Class F Alcoholic Beverage Licenses

The Council unanimously granted two Class F licenses for special events:

 

22-Item Consent Calendar

Councilman Charles Vaillancourt, referencing the minutes of the Special Meeting of May 15th, inquired as to signage at the Home Depot even though this issue was neither on the agenda nor was recorded in the minutes of that meeting.

Councilman Paul Roderiques addressed three issues in the monthly Bond Projects Report:

The remainder of the consent calendar was adopted without discussion or debate.

 

Commendations for Youth Sports Achievements

President Flynn began by stating “Now onto the more important things” and proceeded to award three Resolutions of the Council recognizing the achievements of three youth activities.  Senator June Gibbs presented a similar resolution from the Senate and Representative Bruce Long did likewise for the House of Representatives.  The three youth groups were:

Councilman Vaillancourt announced that a group of residents would be going to the School Committee advocating for additional JV sports programs to further enhance the sporting activities in the Town.

 

Routine Licenses Approved

The Council unanimously granted:

 

School Bus Stop for Island Drive

Superintendent Rosemary Kraeger requested the Town Council’s help to improve school bus safety for the children of Island Drive.  The existing bus stop for these children is at the intersection of Island Drive and East Main Road.  Although this bus stop is considered safe, an appeal to the Commissioner of Education resulted in the decision to have the School Committee request that the Town Council either acquire or obtain the right to use an easement between Island Drive and Slate Hill Farm.  If such an easement could be obtained, the children of Island Drive could catch the school bus in Slate Hill Farm with the result of increased safety.  Anticipating this request, the Town Council had asked an independent attorney, Richard P. D’Addario, for a legal opinion as to the Town’s rights in acquiring such an easement.  It is the opinion of Attorney D’Addario that the Town does have an official easement that it could exercise without compensation.  Attorney Robert Silva, representing John & Linda Schwemin whose property would be taken for this easement, disagrees with Mr. D’Addario’s opinion whereas Attorney Francis Flanagan, representing Island Drive Homeowners, supports the independent attorney’s opinion.  With Attorney Silva suggesting that a lengthy legal battle may ensue, it was decided that the Town Administrator would hold a meeting with the opposing lawyers to determine if some compromise could be reached.  Following this meeting, the Council will conduct a workshop, date not yet established, in preparation to making a decision for the Town.

 

Patriot Act Revisited

At the last meeting, the Council voiced its opposition to the Patriot Act (Public Law 107-56) suggesting that it was an infringement upon citizen’s rights and voted to send a resolution to the State Legislature identical to the Jamestown resolution but with the word Middletown substituted for Jamestown.  Apparently Middletown was premature in jumping upon this bandwagon since the Secretary of State has not yet received any proposed ballot question on this matter.  Solicitor Gorton prepared a proposed ballot question and submitted it to the Council for consideration.  The Council unanimously voted to support the proposed wording and sent it along to the State Legislature in order to be placed on the November ballot.

 

Alcoholic Beverage License Fees to Increase

During the last RI General Assembly session, the maximum fees for liquor licenses were increased.  Since Middletown has always set its fees at the maximum allowable level, an ordinance was introduced to set the license fees to these maximum levels.  The Council unanimously received this ordinance on its first reading and will likely adopt the new ordinance at the next meeting.  The new fee structure will be:

Class A - $1000 per year

Class BM - $2000 per year

Class J - $2000 per year

Class BT - $2000 per year

Class C - $800 per year

Class F - $15 per day

Class BL - $1500 per year

Class D Full - $800 per year

Class F1 - $35 per day

Class BV - $2000 per year

Class D Limited - $400 per year

 

 

Vacant Lot & Abandoned Property to Get Additional Tax

The Council received on its first reading a proposed ordinance which will impose a real estate nonutilization tax.  Modeled after the enabling State Legislation the Town would be able to impose this additional tax on properties that have been listed as vacant for more than a year.  Solicitor Gorton was quick to point out that this ordinance is not intended as a revenue raising tool but was intended as an additional mechanism to help clean up vacant property.  Councilman Vaillancourt indicated opposition to this ordinance and claims that “more than 50% of these cases involve mental illness.”  The second reading of this ordinance will occur at the next meeting and the Council will vote at that time.

 

Tax Exemption Finalized for Certain Non-Profits

Earlier in the year, the Council sought State-enabling legislation to grant tax exemptions for a number of non-profit organizations.  Now that the enabling legislation has passed, the Town ordinance must be changed to allow for these tax exemptions.  The first reading of the proposed ordinance change was received and it will likely be adopted at the next meeting.  The non-profit organizations receiving these tax exemptions are:

 

Accumulated Waste on Private Property Ordinance

The Council received on its first reading and will likely adopt at the next meeting a proposed ordinance change for controlling waste and trash on private property which will allow the Building Inspector to more efficiently and effectively police this matter.

 

Protection of Rights of Way to the Water

The Council received on its first reading a proposed ordinance providing fines for blocking rights of way.  In order for this ordinance to be enforceable it must also be approved by CMRC.  The second reading for this ordinance was scheduled for the last meeting in September in order to provide time to acquire the CMRC approval.  A resident questioned sectioned 94.08 of the ordinance as to why it contained an exemption if written permission is obtained.  Solicitor Gorton explained that that language was suggested by CMRC but will discuss this provision with CRMC and attempt to have it removed.

 

Councilman Paul Roderiques’ Agenda

Council docket item #19 was a request by Councilman Roderiques to speak on a number of issues:

 

Same Sex Civil Unions Supported

On a 4-3 vote the Middletown Town Council urges the General Assembly “to consider the matter of same sex civil unions as a means of guaranteeing the rights of all its citizens.”  President Flynn, Councilman Roderiques, and Councilwoman Santos voted in the negative.  A number of residents spoke in opposition to the resolution while no resident spoke in support.  While the support for this resolution centered upon discrimination, the opposition forces concentrated on the appropriateness of such a resolution.  Morris Hirsch who said “The resolution is not necessary nor appropriate since everyone can individually express his or her concerns to the State Legislature” best expressed the opposition.  “The Council needs to run the Town,” he said.

 

Abe Meyer Lane to Change Name?

Residents of Abe Meyer Lane requested that the name of the road revert to its original name, Purgatory Road.  Without explanation Councilman Vaillancourt recused himself from discussion on this matter.  The matter was continued as the Council sought the history on how and why the name was originally changed.

 

Request for Stop Signs on Reservoir Road

Resident James Williams requested additional stop signs at the corner of Reservoir Road and Renfrew Avenue.  The matter was referred to the Police Chief for his recommendation.

 

Water Ordinance Questioned

Resident Ronald Santa, referring to the recently enacted water ordinance, asked if the residents of Wabasso Terrace, Columbia Road, and Honeyman Avenue were being sent bills for their water installation.  President Flynn tersely told him, “you know that we are starting with Turner Road.”  When Mr. Santa offered that no start date was included in the ordinance, Solicitor Gorton stated that the State enabling legislation included the date and the Town ordinance cannot exceed the bounds of the legislation.

 

Sewer System in Need of Repair Says Manny Mello

Resident Manny Mello expressed concerns that some sewer pipes are in danger of failing and need immediate attention, stating that “we have problems and we need to spend some money.”  President Flynn suggested that we have a sewer bond referendum question on the November ballot.  When Mr. Mello stated, “it won’t pass”, President Flynn responded, “then we will continue to have problems.”

 

Appointments to Various Boards

The Council unanimously made the following appointments:

 

Parking at Dunlap-Wheeler Park Sparks Anger

The Beach Committee placed on the agenda a “discussion and action of the parking ordinance at Dunlap Wheeler Park.”  Councilwoman Karen Roarke stated that the compromise parking plan is not working and offered a new parking ordinance.  Attorney Robert Silva and Atlantic Beach Club owner Mr. Kyriakides were in attendance.  Attorney Silva explained that he had seen the docket and called Mr. Kyriakides who immediately came to the meeting.  President Flynn chastised Councilwoman Roarke for placing this item on the docket without first talking with Mr. Kyriakides.  Councilwoman Roarke responded, “whenever this subject is discussed Mr. Kyriakides gets angry, President Flynn gets angry, Councilman Bruce Allen gets angry, Attorney Silva gets angry, and the Easton Point Association gets angry.”  Councilman Vaillancourt stated that he hadn’t received any complaints and “we are almost going past the point of being fair.”  In the end, the Council referred the matter back to the Beach Commission and invited Mr. Kyriakides to attend - he indicated that he was willing to do so.

 

Contract Awarded for Impact Fee Study

In response to solicited proposals for a consultant to prepare an impact fee study, the Town received two bids ($88,800 and $43,416).  The Council unanimously approved the low bid from the Louis Berger Group, Inc.

 

Budget Transfers Approved

The Council unanimously approved Finance Director Shawn Brown’s request for budget line item transfers in the following total amounts:

 

Capitol Improvement Program Tapped

Finance Director Brown submitted a list of ten projects totaling $680,844 to be funded out of the $1M Capital Improve Program Special Revenue Fund.  Considerable discussion occurred as to the amount of expenditure (over 2/3 budgeted amount) with many suggesting that this fund was to be a rainy day fund and not to be totally used up in the allocated year.  It was remembered that a resident had said during the budget hearings that “if we give them a million dollars they will spend it” and some Council members were reluctant to spend all this money.  Finance Director Brown reminded the Council that these items were precisely what the fund was intended to be used for and that this fund was NOT a rainy day fund – the reserved for contingencies budget line item is used for that purpose. 

One particular item, sidewalk for Purgatory Road, was particularly singled out for discussion and criticism.  Resident Art Benner stated that Purgatory Road was a State road and why shouldn’t the state pay for the sidewalk.  Resident Manny Mello suggested that the sidewalk project would cost far more than the allocated amount since drainage installation would be needed because the existing road has gutters on each side.  Councilman Roderiques indicated that the Purgatory Road sidewalk project is not a priority item for him.  In the end the Council approved six of the ten projects and continued the four remaining projects for further study.  The vote for approval was 5-2 with Councilman Roderiques and Councilwoman Suzi Nance opposed.

The six approved Capital Improvement Projects are as follows:

·        2 marked police cruisers - $52,506

·        Police hand held radio replacements - $22,000

·        Backhoe for Public Works - $100,000

·        Library window replacement - $79,850

·        School roof repair - $100,000

·        School playground drainage - $50,000

 

Drainage Contract Awarded

The Council unanimously awarded a $263,000 contract to low-bidder East Coast Construction for drainage work on Aquidneck Avenue, Prospect Avenue, and Wood Road.  Resident Ronald Santa criticized the bid specifications for not including Police/Flaggers as a line item.  Mr. Santa suggested that one of the reasons for the construction delays on Turner Road was the fact that the Town was paying for Police details and the contractor therefore had no incentive to finish the construction quickly.  Mr. Santa said the Public Works Director Tom O’Loughlin had promised that future contracts would not make the same mistake; however, Mr. Santa said that this contract has the same deficiency.  Town Officials then assured Mr. Santa that the cost for Police/Flaggers was included in the cost of the piping and that the Town would NOT be paying for any Police details on this project.

 

Tax Installment Payment Dates Approved

Since the mailing of tax bills has been delayed, Finance Director Brown asked the Council to approved a week’s delay in the first Quarter collection date.  The Council unanimously approved the following tax installment due dates:

·        1st Quarter – 9/19/03

·        2nd Quarter – 12/10/03

·        3rd Quarter – 3/10/04

·        4th Quarter – 6/10/04

 

Contract Awarded for Emergency Operations Plan

In response to solicited proposals for a consultant to prepare an Emergency Operations Plan, the Town received two bids ($4,500and $4,740).  Upon the recommendation of Fire Chief Stephen Martin, the Council unanimously approved the high bid from Integrated Management Solutions.

 

Old School Lockers to be Sold for Scrap

The School Department asked the Town Council to declare old Gaudet School lockers as surplus to be able to sell them for scrap.  In answer to whether the lockers could be used at Sachuest Beach, it was stated that these lockers are very small and probably would not be usable.  The Council approved the disposition of these lockers.

 

Information Technologies Director Job Description

The Council unanimously approved the job description for the newly created Information Technologies Director.  Morris Hirsch, member of the IT Committee, indicated that the committee had reviewed the job description, offered suggestions which were adopted, and approve the job description as submitted.

 

Town and Volunteer Appreciation Picnic

Sunday September 28 was approved for a picnic at Paradise Park, 4:00-6:00pm.

 

 

PUBLIC FORUM SESSION

One resident spoke during the public forum session:

 

Paul Roderick, Turner Road, asked a series of questions regarding the Turner Road Project

·        Police details no longer used? – Occasionally on an as needed basis

·        Exceeded the 180 days of the contract? – yes

·        Total police costs? – to be provided at next meeting

·        Completion date? - Unknown

 

The Council adjourned at 11:30pm and moved into Executive Session to discuss (1) litigation of Toppa claim and (2) Kempenaar Valley land acquisition.  Prior to this adjournment the Council unanimously approved the Town Administrator’s contract.

SEPTEMBER 2, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:06pm.  All council members were present.

 

2-Item Consent Calendar

The Consent Calendar was adopted without comment or debate.

 

Norman Bird Sanctuary Harvest Fair

The Council unanimously granted a license to the Norman Bird Sanctuary to conduct its Harvest Fair on October 4-5, 2003.

 

Sunday Selling Licenses

The Council unanimously granted two new Sunday Selling licenses:

 

Alcoholic Beverage License Fees to Increase

The Council unanimously adopted an ordinance on its second reading that will increase liquor license fees to the following amounts:

 

Class A - $1000 per year

Class BM - $2000 per year

Class J - $2000 per year

Class BT - $2000 per year

Class C - $800 per year

Class F - $15 per day

Class BL - $1500 per year

Class D Full - $800 per year

Class F1 - $35 per day

Class BV - $2000 per year

Class D Limited - $400 per year

 

 

Vacant Lot & Abandoned Property to Get Additional Tax

The Council adopted on its second reading an ordinance establishing a real estate nonutilization tax.  Modeled after the enabling State Legislation the Town would be able to impose this additional tax on properties that have been listed as vacant and abandoned for more than a year.  The tax rate for this additional tax will be $100 per $1000 assessed valuation (approximately seven times the normal tax rate.)  Councilman Charles Vaillancourt stated that this is an excessive penalty and the 60-day requirement to bring the property into compliance is not sufficient.  He opposes this ordinance stating “it (the ordinance) is cumbersome and vague and was designed for crack houses in Providence not property in Middletown.”  In answer to the question of how many properties this would affect, Town Solicitor Vernon Gorton related that he is aware of one property in the Town that has been a lingering problem but does not know if there are any others.  In the end the Council amended the ordinance so as to provide 90-days for compliance and adopted the ordinance on a 6-1 vote with Councilman Vaillancourt opposed.

 

Tax Exemption Finalized for Certain Non-Profits

The Council adopted on its second reading an ordinance granting tax exemptions to the following non-profit organizations:

 

 

Accumulated Waste on Private Property Ordinance

The Council adopted on its second reading an ordinance for controlling waste and trash on private property which will allow the Building Inspector to more efficiently and effectively police this matter.

 

Mixed Used Zoning Proposed for West Main Road

The Council received from the Planning Board a proposal to create a mixed-use zoning designation for the 71-acre Vanicek property off West Main Road and the surrounding single-family dwellings off Vanicek Avenue.  The main points of emphasis for this new land-use district would include:

The Council ordered the ordinance advertised for Public Hearing to be held on October 6 and will likely be adopted at the October 20 meeting.

 

Computer Wiring for Library

The Council unanimously awarded a contract for the Library Computer Re-wiring Project to the low bidder, Ball Microsystems, Inc. of Middletown in the amount of $7826.52.  The Council also received notice that the Friends of the Middletown Public Library had donated $7100 toward this project.  Councilwoman M. Theresa Santos suggested the Council send a thank you letter for this donation.

 

Appointments to Library Board of Trustees

With only three names offered in nomination, the Council unanimously appointed the following persons to the Library Board of Trustees:

 

Additional Capitol Improvement Program Items Postponed

The Council received a request from Town Administrator Gerry Kempen for two additional items to be funded by the Capitol Improvement Program (CIP):

Rather than approving these items, the Council referred them to the Planning Board for its recommendation.  A considerable discussion occurred regarding the “process” of selecting and approving items for the CIP with Councilman Bruce Allen stating, “school items should not be part of the program.”  In the end, the Council decided to have a workshop to iron-out the process and to invite the Planning Board, Town Administrator, Finance Director, and representatives from the School Department.  This workshop will be held on September 16 or September 18.

 

Fuel Oil Contract

The Council unanimously awarded a contract for the purchase of fuel oil at a fixed price of $1.01 per gallon to the low bidder, Brennan Oil & Heating Co., North Providence for the following amounts:

·        Middletown High School - 33,000 gallons

·        Linden School – 11,763 gallons

·        Kennedy Annex – 4,875 gallons

·        Kennedy School – 16,359 gallons

·        Fire Station – 3,230 gallons

·        Library – 7,495 gallons

·        Police Station – 1,326 gallons

·        Senior Center – 3,066 gallons

Although the bid specifications included an item for Service Rates, no service contract was awarded, only the purchase of fuel oil was approved.

 

PUBLIC FORUM SESSION

In one of the shortest public forum sessions, two residents each asked a single question and sat down after receiving an answer:

 

Ronald Santa questioned the $15.30 tax rate suggesting that it had been estimated to be $14.25.  Councilman Allen stated that it had always been discussed at the $15.30 rate.

 

Antone Viveiros questioned the landfill at Sachuest Beach receiving the reply that a new landfill is NOT being established but that the old landfill is being cleaned.  Councilwoman Karen Roarke added that this cleanup is costing the Town $1,500,000.

 

The Council adjourned at 7:49pm.

SEPTEMBER 15, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:08pm.  Councilwoman Suzi Nance was absent but arrived at 7:13pm.

 

Class F-1 Liquor License Granted

A 24-hour liquor license was granted to South Road Inn (caterer) for use at the St. Columba’s Parish Hall on September 19, 2003.

 

Five-item Consent Calendar

The Consent Calendar was approved without comment or debate.

 

Norman Bird Sanctuary Seeks Tax Exemption

Betsy E. de Leiris thanked the Council for its assistance in acquiring the land at Third Beach and asked the Council to now grant a tax exemption for this property, Plat 131 Lots 1 and 6.  The current tax bill for this property is $30,000.  Referring to this property as “one of the gems of the island”, President Flynn stated that “we exempt everything else for the Bird Sanctuary” and asked Town Solicitor Vernon Gorton to prepare the necessary amendment to accomplish the tax exemption.

 

Barnes and Noble Booksellers, Inc. Licenses Approved

The Council unanimously approved a Victually House License and Sunday Selling License for Barnes and Noble Booksellers, Inc. at 1305 West Main Road.

 

Stormwater Management Plan Public Hearing Delayed Yet Again

Since RIDEM has still not finalized the permit, Town Planner Ron Wolanski asked the Council to continue the Public Hearing until December 1, 2003.

 

Paradise Motel Zoning Change Postponed

Since the Planning Board has not yet provided its recommendation, the Council continued until October 20 the Public Hearing for a proposed zoning amendment change (R-40 to R-20) for the Paradise Motel & Mobile Home Park on Prospect Avenue.  Since the Public Hearing was not opened at this time, two residents wishing to speak on this issue were not allowed.

 

Right of Way to Water Ordinance Postponed

Town Solicitor Gorton asked the Council to postpone the Public Hearing for the Right of Way to the Water Ordinance until November 3.  The delay is requested since CMRC approval is necessary and it has not yet been obtained.  Two letters were also received on this matter – one stating that Tuckerman Avenue/Tuckerman Terrace is NOT a public right of way to the water and the other stating that Third Beach Road Lot 5 has been chained off since 1992 with approval from CMRC.  These issues will be addressed during the Public Hearing on November 3.

 

Economic Development Incentive Ordinance 1st Reading

Robert Silva, Chairman Economic Advisory Commission, presented the Council a proposed ordinance that would provide incentives for business to locate or expand in the Town of Middletown.  Since Middletown does not qualify for Enterprise Zone status, the Town is at a disadvantage with its neighbors that do qualify; e.g., Portsmouth, Tiverton, and soon to be Newport.  The ordinance, if adopted, would allow Middletown to be competitive in seeking new businesses and job creations.  Keith Stokes, Executive Director of Chamber of Commerce, explained that the incentives contained in the proposed ordinance are performance based and provide tax relief on prospective taxes, not on any existing taxes.  The Town Administrator was cited as the Town official who would police the requirements contained in the ordinance.  Councilwoman Karen Roarke, although favoring the proposed ordinance, wants to expand the ordinance to offer greater incentives to new businesses that rehabilitate existing structures rather than building new.  This amendment will be reviewed and discussed by the Economic Advisory Committee before the next Council meeting.  NOTE: Robert Silva is apparently stepping down from the Economic Advisory Committee and will not be in attendance at the 2nd reading and adoption of this ordinance,

 

Veteran Classification

The definition of a veteran, as defined by State Law, used to determine eligibility does not mirror the definition used by most veteran organizations.  In an effort to be fair to all veterans, the Council is asking the General Assembly delegation to introduce legislation to correct the definition.  Such a resolution was introduced and received by the Council but no vote was apparently taken (at least this reporter did not see or hear such a vote).  The Council did, however, decide to send a copy of the resolution to all the 38 Cities and Towns in Rhode Island seeking support for the resolution.

 

Island Watchdog’s Initiative Petition NOT Received by Council

The Town Clerk submitted to the Council a certified voter initiative petition containing 1099 valid signatures of qualified Middletown electors; however, the Town Council on a unanimous vote decided NOT to receive the communication.  Citing 30-day and one-year requirements of the charter and State Law, the Council stated that if it were to receive the petition this night then a special election would be required before October 2004.  However, if the Council refused to accept the petition this night and accepted it at the next Council meeting then the election for this petition could be accomplished during the regular general election in November 2004.  Citing the savings of $15,000 for a special election, the Council took this very unusual step of refusing to receive the petition.  Antone Viveiros, Island Watchdog Association, argued that the Town Council was acting directly in violation of the Town Charter, which requires action within, 30-days after the Clerk verifies the proper number of signatures.  Furthermore, Mr. Viveiros explained conversations he had with the Secretary of State that suggested a procedure to allow the petition to be placed on the November 2003 ballot.  President Flynn and Mr. Viveiros argued on the matter with Mr. Viveiros concluding, “You are a nice guy.  I could like you, but you let your arrogance get in the way.”

 

Highway and Road Construction Delays

Councilman Bruce Allen, stating that he was “not here to throw stones”, requested discussion and updates relative to Middletown traffic circulation – Green End Road/Valley Road, Valley Road/East Main Road, Connell Highway/West Main Road, Two Mile Corner, and synchronization of traffic signals.  Town Engineer Warren Hall then explained the status of these projects.  A Town plan for the Valley Road-Green End Avenue intersection needs DOT approval.  Traffic light synchronization on West Main Road has been completed.  East Main Road utilities have been moved and DOT will seek bids this winter with construction next spring.  President Flynn suggested that Valley Road-Green End Avenue Intersection is one of the most dangerous intersections in the Town.  Councilman Allen suggested that Wyatt Road-Aquidneck Avenue-East Main Road Intersection is the most dangerous and that “everybody gets hit there if you live in Middletown long enough.”  Resident Art Benner stated that West Main Road is the most dangerous area in the Town with over one-third of the yearly accidents occurring on that road.  Mr. Benner also said, “Don’t hold your breath (waiting for DOT solutions).”  Councilman Charles Vaillancourt, beating his old drum, suggested  that “it is our State delegation that has to be pushed to bring home the bacon (get DOT action).”

 

Air Conditioning for Police Station

Passing over the low bidder ($27,342) because it could not get a bid bond, the Council approved a contract for the Air Conditioning System for the Police Station in the amount of $32,000 and awarded the construction contract to Automatic Temperature Controls, Inc. of Cranston, Rhode Island.

 

Appointment to Financial Planning Committee Postponed

The Council received an application from Antone Viveiros for the Financial Planning Committee; however, continued the matter to the next meeting without making the appointment.  (Editor’s Note: Obviously, the Council did not appreciate Mr. Viveiros’s earlier criticisms and in a snit and with a deliberate slap-in-the-face, the Council did not appoint him at this time.  Whether or not the Council will get over its hurt feelings by the next meeting and appoint Mr. Viveiros to the Committee is something we will have to wait and see.)

 

PUBLIC FORUM SESSION

Three residents requested to speak although only one had properly filled the required form to do so.

 

Dr. Lewis Arnow, 115 Howland Avenue, indicated problems with zoning regulations and the administration of these regulations.  He said that he has “no confidence in what is happening now but would like to have confidence in the zoning process.”  President Flynn stated  that “we are addressing issues more aggressively now.”  Councilwoman Roarke suggested a task force and public workshop to discuss past problems and to find solutions.

 

Rosemary Medeiros, 1185 Wapping Road, complained of the conditions of Wapping Road, specifically the ditch adjacent to the road.  She related an incident where an UPS truck fell into the ditch and expressed concerns that a school bus might do the same with resulting injuries to the children.  Town Engineer Hall indicated that the cost to fix this problem was $85,000 (two years ago when bids where taken but construction not done).

 

Al Gauthier, 13 King Court, addressed the Island Watchdog Initiative Petition since he was not allowed to discuss it earlier when the Council refused to receive the petition.  President Flynn stated, “I don’t want people to think we are stopping it (the petition).  It (an election) is going to happen.”

 

The Council adjourned at 8:55pm.

 

NOTES:

(1)   See 9/16/03 editorial on web site re Island Watchdog Initiative Petition

(2)   See 9/7/03 past editorial on web site for Turner Road Anniversary Party Invitation

OCTOBER 6, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

With President William Flynn absent, Vice Chairman Bruce Allen called the meeting to order at 7:04pm.  President Flynn was the only councilperson absent.

 

Liquor Licenses Advertised

In addition to ordering advertised the renewal applications of all liquor licenses in the Town, the 100% transfer of stock for County Liquor Mart was also advertised for hearing.

 

Four-item Consent Calendar

The Consent Calendar was approved without comment or debate.

 

Drain Layer’s License Granted

The Council unanimously granted a drain layer’s license to Scraphin J. DaPonte, Bristol, RI.

 

Contract Awarded for Dunlap-Wheeler Park

Under suspension of the rules and without clarification of the issue, the Council added a docket item to address construction at Dunlap-Wheeler Park.  Two members of the Park Committee addressed the Council and explained that the redesign of the park has been agreed to by the abutters (Atlantic Beach Club and Inn at Newport Beach).  The original design with 25 trees has been reduced to 12 trees.  Bids have been received to construct approximately 1/3 of the project with the low bid received from Garden Designs of Newport.  Three fundraisers are planned to pay for the construction and future maintenance without the need for taxpayer funds.  The Council unanimously approved the contract for the low bidder.  NOTE: the amount of the bid was not specified and since this was an added docket item no advanced paperwork was available – hopefully, the Council knows what the amount of the bid was.

 

Economic Development Incentive Ordinance Adopted on 2nd Reading

With John M. Finn, Vice Chairman Economic Development Advisory Committee, not yet in attendance, the Council simply adopted the Economic Development Incentive Ordinance without comment or discussion.  Later in the evening, with Mr. Finn in attendance the Council decided that he did not need to speak since the ordinance had already been adopted.

 

Mixed Used Zoning District Received on 1st Reading

Hedi Bennett, Chairman Planning Board, addressed the Council supporting the proposed new zoning district for the 71-acre Vanicek property off West Main Road.  She and Town Planner Ron Wolanski explained that this new zoning district will keep 40% of the land as open space and the view opposite Forest Avenue will remain free from construction from West Main Road to the Navy Base.  Resident Ronald Santa questioned the provision of the ordinance, which will make the existing single-family homes a conforming use while banning any new single-family units in the district.  Mr. Santa wanted to know what benefit it was to the Town to change the existing non-conforming single-family units to conforming units.  Town Planner Wolanski simply responded that the Planning Board wanted to make the units conforming without indicating any advantage to the Town.  Resident Alphonsa Cook complained that the proposed district does not seem to contain any Section 8 housing units for poor people.  Resident Colette Cunningham began to complain about the flooding problems in the area but the Council told her that a subsequent docket item would address that issue.  The Council unanimously received the proposed ordinance on its 1st reading without offering any amendments.

 

Amendment to Capital Improvement Ordinance Received on 1st Reading

The original Town ordinance regarding procedures for approval of Capital Improvement projects was drafted years ago when the Town did not have a Town Administrator.  Consequently, the existing procedures for authorizing Capital Improvement projects require the Planning Board to approve all projects.  The proposed amendment will change the final arbiter, prior to submission to the Town Council for approval, to be the Town Administrator while maintaining Planning Board input.  Councilwoman M. Theresa Santos noted that the ordinance lists a Public Welfare Department that no longer exists in the Town and a Sewer Commission which has had a name change to the Roads & Utilities Commission.  These changes will be made to the ordinance before its adoption at the 2nd reading.

 

Town to Take Land in Slate Hill Farm for School Safety

The Council received a letter from Attorney Robert Silva objecting to the taking of land at 3 Circle Drive to construct a path between Slate Hill Farm and Island Farm.  Mr. Silva was not in attendance due to recent back surgery and although the letter indicated that his associate David Martland would be handling the matter, Mr. Martland was also not in attendance.  However, the lawyer for the Island Farm residents was in attendance and urged the Council to proceed with the taking of the 50-foot easement land and to begin the construction as soon as possible.  The Council directed Town Administrator Gerry Kempen to proceed with the project and the taking of the land, recognizing that legal action might be in the offing.

 

Town to Bill Insurance Companies for Rescue Wagon Calls

The Town solicited bids for a billing and collection firm to allow the Town to recoup monies for Rescue Wagon calls from patients with health insurance coverage.  The intent of the program will be for billing insurance companies only; individual taxpayers will not be billed nor chased for collections.  Although Medicare/Medicaid requires that a bill be sent, the bill will have a box where the patient may check to avoid paying individually.  Furthermore, the Council is insistent that no follow-up collection attempts will be made against the individual.  The Council unanimously approved the proposal of Comstar Inc., Rowley, MA for a 3-year contract at a fee of 6.5% of receipts.

 

Tax Exemption Granted for Norman Bird Sanctuary

On its 2nd reading, the Council unanimously approved the tax exemption for the newly acquired Norman Bird Sanctuary land, Lots 1 and 6 Plat 113.

 

Increased Police Patrols for Halloween & Cabbage Nights

The Council received a report from Police Chief William Burns indicating last year’s vandalism complaints during Halloween and Cabbage Night which indicated that most incidents occurred in the south end of town and Roger’s Lane.  Chief Burns indicates that he intends to have four additional uniformed officers on duty this year and will concentrate these officers in the trouble areas.  Councilwoman Karen Roarke raised the issue of  “searching and seizing from these vandals” and Councilman Charles Vaillancourt suggested a possible curfew as a solution.  Councilman Allen said, “we have to take a tough stand because it (vandalism) can get out of hand.”  In the end, the matter was continued to the next meeting when Chief Burns will return from vacation and be in attendance to answer the Council’s questions.

 

Cigarette Butts to be Added to Littering Ordinance

Receiving a copy of Newport’s resolution regarding cigarette butt littering, Councilwoman Roarke proposed that Middletown take similar action.  Town Solicitor Vernon Gorton was directed to prepare an amendment to Middletown’s littering ordinance to include cigarette butts.

 

Street Light for Harborview Court?

Steve Pomelek, 3 Harborview Court, requested a street light on the telephone pole located on his property.  The issue was refereed to the Police Chief for his recommendation.

 

Murphy Circle Flooding Problem

Dr. Colette Cunningham and other Murphy Circle residents wrote the Council regarding the incessant flooding problems in the area.  Dr. Cunningham stated that the flooding problem has existed from the beginning of the Chase Estates development.  Contributing to the problem is the lack of maintenance by the State of the ditch on the south side of the access road from West Main Road to the Navy Base.  Administrator Kempen recommended that a major engineering study of the area be done followed by solicitation of bids and also noted that “the State has to be part of the solution.”  When Dr. Cunningham suggested that the problem would be buried again by further studies, Councilman Allen stated emphatically that “it (a solution) won’t get lost in the shuffle.”

 

Appointment to Financial Planning Committee Denied

Councilwoman Suzi Nance nominated Antone Viveiros for appointment to the Financial Planning Committee; however, he was rejected on a 2-4 vote with only Councilwomen Nance and Santos voting affirmatively.  Obviously, the Council majority has not gotten over Mr. Viveiros’s initiative petition and although volunteers for Town commission and committee are needed, the Council has told Mr. Viveiros that he need not apply.

 

Appointment to Tax Assessment Review Board

Ignoring the Republican Town Committee’s submission of Carol Cummings, the Council unanimously appointed Mary Hannon, 181 Green End Avenue, to the Tax Assessment Review Board at the suggestion of the Democratic Town Committee.

 

Middletown Hall of Fame Committee

Councilwoman Santos indicated that after a failure to locate volunteers for the Hall of Fame Committee, she along with the following three people have agreed to form the committee:  Mary Nunes, Frank Lawrence, and Councilman Paul Roderiques.  The Council unanimously agreed to make Councilwoman Santos the chairwoman of this committee.  Resident Alphonsa Cook spoke from the audience in opposition to so many council people being place on committees and was quickly asked by the Council if he wanted to volunteer.  When Mr. Cook said he would be a willing volunteer, the Council immediately appointed him to the committee.  (Editor’s note: Obviously, Mr. Cook has not circulated an initiative petition in the Town!)

 

With no residents desiring to speak in the public forum session of the meeting, the Council adjourned at 8:02pm in time for all to see the Red Sox game.

 

NOTE:

(1)   See 10/06/03 editorial on web site re Hanky Panky in Town?

(2)   See Photos of October 5 Party on web site re Turner Road Update

OCTOBER 20, 2003 MIDDLETOWN TOWN COUNCIL MEETING

 

President William Flynn called the meeting to order at 7:08pm.  Councilman Bruce Allen was absent.

 

Liquor Licenses Advertised

The Council ordered advertised for Public Hearing the transfer of a BV liquor license from Beijing Tokyo Buffet Restaurant, 655 West Main Road to Sea Fare’s American Café, dba Down City Diner at the same premises.

 

Eight-item Consent Calendar

Two items on the consent calendar received additional scrutiny.  Councilman Paul Roderiques suggested that resident Manny Mello wanted to address the matter of the proposed expansion of a Wave Avenue hotel.  Mr. Mello suggested that such an expansion would impact Town property, specifically the sewer pumping station; however, the Council decided to take no action on the matter.  Councilwoman Karen Roarke spoke to commend Beach personnel for the successful beach season and the increased revenues generated ($7000 more than last year and $27,000 more than the year before).

 

Commendation for Helen Peterson

The Council unanimously honored Helen Peterson for her contributions to both the Middletown Public Library and the senior citizens of Newport County.  President Flynn presented her the Council proclamation and a Town Tile while Senator June Gibbs presented her a Senate Citation and a House Resolution.  The honorifics were for her years of volunteer service, specifically as the Library’s volunteer outreach program chairperson providing books to nursing home patients and assisted living facilities residents. Library Director Robert Balliot presented her a bouquet of flowers.

 

Drain Layer’s License Granted

The Council unanimously granted a drain layer’s license to Paul H. Roderick, Middletown, RI.

 

Sunday Selling License for The Lil’ Scrapbook Store

A Sunday selling license was unanimously granted to The Lil’ Scrapbook Store, 999 West Main Road.

 

Mixed Use Zoning District Adopted on 2nd Reading

The Council unanimously adopted a new zoning district for the 71-acre Vanicek property off West Main Road without amendments.   This new mixed-use zoning district will keep 40% of the land as open space and the view opposite Forest Avenue will remain free from construction from West Main Road to the Navy Base.  President Flynn thanked the Vanicek family and the Planning Board for their efforts in bringing this matter to fruition.

 

Amendment to Capital Improvement Ordinance Adopted on 2nd Reading

The Council unanimously adopted the amendment to the Capital Improvement Ordinance allowing the Town Administrator, rather than the Planning Board, to be the focal point of Capital Improvement projects prior to Council approval.

 

Paradise Motel Home Park Rezoning Continued to November 3rd

Owing to a personal problem with the petitioner’s lawyer, the matter of rezoning a portion of the Paradise Motel Home Park from R-40 to R-20 was continued to the November 3rd Council meeting.  The Planning Board’s recommendation letter on this matter was received and continued to the same date.

 

Sewer Evaluation Study

The Louis Berger Group, Inc presented a slideshow report of the Sanitary Sewer Evaluation Study Phase 1.  The study has identified the most egregious areas of the Town where storm water is infiltrating into the sanitary sewer and areas where other water is flowing into the system.  All this excess water, which does not need sanitary treatment, is sent along the sewer lines to Newport for treatment and costs Middletown thousands of dollars.  Middletown would like to reduce this inflow and infiltration to save money in the long run.  The West Main Road area, identified as Area G in the report, was targeted as the most egregious area in the Town and thus it was noted that the current sewer and drainage work on West Main Road will be helping the problem.  The report indicates that 76% of the existing manholes need replacement or repair and identifies this as its major recommendation.  Another top recommendation is to replace all known sections of inferior materials (Orangeburg pipe) and inferior construction.  Councilwoman Roarke took this opportunity to make a pitch for the passage of the Sewer Bond referendum in the upcoming election.

 

Green End Avenue Drainage & Sidewalk Project

With Councilman Charles Vaillancourt recusing himself on this matter, the Council unanimously awarded a $128,957.75 contract to Mello Construction (low bidder) for installing drainage piping and road reconstruction on Green End Avenue.  An alternate bid for sidewalk construction ($14,945.75) was rejected at this time because the Council had not previously discussed this matter and is uncertain whether Capital Improvement funds should be used for this project.  The Council will discuss the issue of sidewalks and decide shortly whether to include it in the project.

 

Transfer Station Fees Altered – some up and some down

Finance Director Shawn Brown proposed a new fee schedule ordinance for the Transfer Station decreasing the fees for annual and daily stickers but adding new fees for construction material, oil, and bulk waste pickups.  On a 5-1 vote with Councilwoman Suzi Nance opposed, the Council decided to decrease the annual sticker fees by 50% if purchased between May 1st and August 31st.  On a 4-2 vote with Councilman Roderiques and Councilwoman Nance opposed, the Council decided to keep the daily sticker fees the same $20 rather than reducing it to $10.  On a 5-1 vote with Councilman Roderiques opposed, the Council decided to set a fee of $50 for Bulky Waste pickups with senior citizens being charged $25.  Councilman Roderiques indicated he wanted no charge for Bulky Waste pickups.  On unanimous votes, the Council decided on the following fees:

·        Construction/Demolition Debris: no charge for (2) thirty gallon barrels, $50 per visit for more than two barrels

·        Freon gas extraction charge (refrigerators & air conditioners): $15

·        Used motor oil: no charge

·        Tires (removed from rim): $5

The Council made the appropriate amendments and received the ordinance on its first reading and will likely adopt the ordinance as amended at the next Council meeting.

 

Budget Transfer Funds

The Council unanimously authorized the transfer of funds from one budget line item to another for various items in the Town’s General Fund and the School’s Restricted Fund.  The matter of two fax machines at a cost of $1534 each came under scrutiny by Councilman Roderiques and Councilwoman Nance with the latter suggesting that fax machines can be bought for $200-$300.  The added cost was explained as service contracts and phone line installations.  Councilwoman Nance also inquired as to the status of the “accident reduction program” and the revenues being generated.  Town Clerk Barbara Nash indicated that November 24th would be the Municipal Court hearing for these “voluminous tickets.”

 

Cancellation of Certain Taxes

The Council, as a regular and routine matter, unanimously authorized the cancellation of $20,540.40 taxes as uncollectable or overassessed.

 

Initiative Petition Finally Received

Two meetings ago the Council refused to receive a communication from the Town Clerk authenticating a sufficient number of registered voters on an Initiative Petition submitted by the Island Watchdogs Association.  The Council took this unusual parliamentary procedure in an effort to circumvent the Town Charter provision, which would require a special election within a year on the proposed ordinance.  The Council hoped to delay the timing regulations with the Town Charter so as to present this Initiative Referendum to the voters at the November 2004 Presidential election.  Consequently, the Council received the petition this evening and began discussion on the matter.  Five residents addressed the Council on this matter:

(1)   Antone Viveiros referenced the recent California recall as a demonstration of the will of the people and accused the Council of “skirting the will of the people by refusing to accept the petition” and asked “since when does parliamentary procedure supercede the Town Charter”.

(2)   Al Gauthier suggested  that “taxpayers are losing confidence with the Council”, that he “senses politics in the decision to delay the Initiative Petition”, and asked the Council to “give this petition an honest review.”

(3)   Bill O’Connell simply asked the Council to “reconsider this Initiative Petition”.

(4)   Morris Hirsh suggested that the Initiative Referendum was a “No Confidence Vote” for the Town Council

(5)   Ronald Santa took issue with the Council’s attempt to alter the time constraints of the Town Charter by employing the parliamentary procedure of refusing to accept the petition one month ago.  Mr. Santa suggested that the date of receive of documents occurs when the Town Clerk receives the information and places a Date-Time stamp on it.  This is the receipt date used to determine whether an item is placed on the Council docket.  He then asked what is the receipt date of documents that do not make it onto the Council agenda such as the Turner Road Party invitation that was presented to all councilpersons?  Obviously the receipt date is when the Clerk received it, made copies for each councilperson, and gave it to them.  Mr. Santa stated that it is “patently absurd” that the Council could change a receipt date simply by refusing to accept it at a Council meeting.  If that were the case, then the Council could refuse to accept it at the next meeting and the next and the next and could indefinitely postpone accepting the petition thereby NEVER giving the taxpayers an opportunity to vote on it.  Mr. Santa concluded by stating that the official receipt date of the Initiative Petition was September 10 when the Clerk certified the signatures and therefore the Council cannot legally put this issue on the November 2004 election ballot – that would be too late and illegal!

President Flynn reiterated the Council’s position that a special election would cost $15,000 and the Council did not want to spend that money.  He further stated that the initiative petition, rather than being a vote of no confidence, was a “vote of misunderstanding.”  Councilman Charles Vaillancourt suggested that the Initiative Petition was “sold to the public as some form of curbing tax increases when it does not have that effect.”  He said, “the  public has been some what misguided.”  Town Solicitor Vernon Gorton explained the procedure:

·        The Council could adopt the ordinance as presented by the Initiative Petition without change, in which case the ordinance takes effect immediately and no election is required.

·        The Council could adopt an ordinance with amendments which would take effect immediately; however, an election within a year would still be needed with the precise language of the petition

·        The Council could reject the ordinance in which case an election within a year would be required.

The Council received the petition ordinance on its first reading and will likely reject the ordinance outright at the next meeting.

 

Green End Avenue – Valley Road Intersection

Fresh from his recent success of getting school traffic lights installed on Aquidneck Avenue, Olin Gambrell asked the Council to fix the terrible intersection at Green End Avenue and Valley Road.  The Council responded that they are addressing the matter and asked the Administrator to explain.  Town Administrator Gerry Kempen stated that the State has required a study before any work can be done.  Middletown is preparing to hire a firm to conduct a traffic study of the intersection, the results of which will be presented to the State and hopefully then the intersection can be fixed.  Mr. Gambrell was then invited to attend the Road & Utilities Commission meetings.

 

Increased Police Patrols for Halloween & Cabbage Nights

Saverio DeRuggiero addressed the Council complaining of previous year’s vandalism during Cabbage Night and Halloween.  He suggested that Middletown should follow Newport’s lead whereby Newport provides an outlet for teenage excessive energies by opening Freebody Park during these two nights, thereby reducing the vandalism in the rest of the City.  Police Captain Ed Tracy explained that Middletown  will have added police patrols this year in an attempt to minimize vandalism.  Referring to a possible curfew, Captain Tracy said that we already have a curfew but it is not effective since it would take police off the streets to process curfew violators.  He added, “we  prefer to have a presence.”

 

Cigarette Butts Littering Ordinance 1st Reading

The Council received on its first reading an amendment to the garbage and refuse ordinance adding cigarette butts specifically to the banned litter items.  The Council will likely adopt the ordinance on its second reading at the next meeting.  No residents requested to speak at this public hearing.

 

Alternate Probate Judge

The Council unanimously appointed Municipal Court Judge Peter Regan as the alternate probate judge to be used when Probate Judge Michael Miller is unable to serve, such as in the case of a conflict of interest.

 

Information Technology Director Appointed

Administrator Kempen introduced his choice for the Director of Information Technology – Kathy Fly, a Middletown Resident.  The Council unanimously approved the appointment.

 

Special Meeting Concerning Road Projects

At the urging of President Flynn, the Council wishes to hold a special meeting to learn the status of all road projects in the Town.  Art Benner, Chairman of Roads & Utilities Commission, suggested that his committee should also attend.  In the end, it was decided to hold said meeting at the next meeting of the Roads & Utilities Commission, namely Thursday, November 6 at 7:00pm in the Town Hall.