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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.
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.
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.
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.
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