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JANUARY 5, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
At 7:05pm four council members were present but none were seated. At 7:06pm Councilman Paul Roderiques arrived. At 7:07pm Councilman Bruce Allen arrived. At 7:09pm Councilman Charles Vaillancourt arrived.
At 7:10pm all council members were seated and President William Flynn called the meeting to order.
With unanimous consent, a docket item was added under suspension of the rules. Library Director Robert Balliot notified the Council that a $29,728 donation was received from the Chaplin Foundation to pay for a security system for the library. This brings the total of private contributions for the library renovations to approximately $600,000.
The four-item Consent Calendar was adopted without comment or debate.
Paradise Motel Home Park Rezoning Continued Yet Again
Public Drinking
Water Supply is Excellent
The URI Cooperative Extension in collaboration with the RI Heath Department conducted a study of the drinking water supply and provided a Source Water Assessment report to the Council. The results of the assessment show that:
· The quality of public water supplies is excellent overall and that all standards are being met
· Drinking water sources are susceptible to contamination from routine land use activities
· Many local water resources are showing signs of human impact
· Threats to safe drinking water quality are likely to increase
To observe the entire report and all assessment results visit the following website:
http://www.healthri.org/environment/dwq/ccr/suppliers.htm
Blood Drive
The Rhode Island Blood Center will be conducting a blood drive in Middletown on February 12, 2004. The Blood Coach will be parked outside the Town Hall during that day for all those who wish to donate. Councilwoman M. Theresa Santos stated that even people who have had open-heart surgery, as she has had, could donate blood in Rhode Island and she intends to be the first in line on February 12th.
Newport Rifle Club – Outdoor Range Remains Closed
With over a hundred residents in attendance and two letters on the docket relative to the Newport Rifle Range, President Flynn explained the incident of a bullet being fired into the East Meadow neighborhood. Town Solicitor Gorton stated that two state laws authorize cities/towns to license rifle ranges and that Middletown already has an ordinance that requires rifle ranges to “meet Police Department regulations.” Stating that “civilization is encroaching upon the rifle club that has been around for fifty years”, President Flynn suggested that the East Meadow residents, Attorney Joe Palumbo, and the Newport Rifle Club meet with the Police Chief to hash out some accommodation. This meeting will be open to the public and will be advertised when the time and place have been determined. President Flynn then announced that he was “not opening up the meeting for comment tonight because it would lead to a he said, she said situation.” Most of the attending residents then left the Council chambers with only twenty residents remaining.
Campground
Attendee Told Not to Return
Jean Stratton from East Windsor, Connecticut appeared before the Council stating that she had been told that she would not be allowed to return to the Second Beach RV Campground this coming year. She said that she had not been given a reason for this denial, that it was unfair, and that she wished the Council would remedy the situation. President Flynn informed her that this was an administrative matter and the Town Council does not get involved in this decision. Ms. Stratton was told to speak to the Town Administrator; however, since it was the administration that had told her she could not return, she left the Council chambers mumbling something about her lawyer and a lawsuit.
Walt Wildemann, Middletown Youth Soccer Club President, again spoke to the Council advocating support for repair and expansion of the Wyatt Road complex. Mr. Wildemann said that the soccer club is “being held hostage to something that may never occur (golf course land swap)”, that the soccer club feels that they can no longer wait, and that “it makes sense to expand the Wyatt Road complex.” Councilman Vaillancourt stated that the “golf course does not stand in the way of youth sports.” Councilwoman Suzi Nance moved to embrace the Wyatt Road recreational center, Councilwoman Karen Roarke seconded the motion, and President Flynn said, “wait a minute.” A lengthy discussion followed regarding the Town's existing recreational fields and the cost involved in building new ones. Town Engineer Warren Hall provided estimates of over $300,000 to construct at Wyatt Road and over $500,000 to construct in the Valley. When Councilwoman Roarke made reference to a golf course remark made by President Flynn at the last meeting, President Flynn got quite indignant and stated that “I don’t care if the golf course does anything at Wyatt Road” and indicated that his concern was primarily financial. President Flynn said, “we still have to gulp down the cost of the Valley which we haven’t done yet” thus explaining his reluctance to apply for a DEM grant which requires 50% Town monies. With Mr. Wildemann explaining that he was not seeking financial support from the Town but only seeking an endorsement of the plan to expand Wyatt Road facilities, the Council unanimously approved the motion made earlier by Councilwoman Nance.
Council to Apply
for DEM Recreational Acquisition/Development Grants
Following the discussion of the soccer fields was an agenda item for the application for DEM recreational grants. Town Planner Ron Wolanski had included an application to expand the trail system within Paradise Park. These DEM grants require a 50% town match; however, the Town’s match could be made with in-kind services, as was the case with the Paradise Park application. When the Council heard this explanation, the Council directed Planner Wolanski to prepare an application for a grant for the Wyatt Road soccer fields using in-kind services as the Town’s contribution. Another grant application for electric lighting at the West Main Road recreational complex was also discussed. These three applications will be finalized and approved by the Town Council at its next meeting prior to the January 23rd deadline for these applications. The public hearing was closed without any comment by a resident.
Police Vehicles
Responding to the Council’s request for details regarding police vehicles, Police Chief William Burns submitted a comprehensive list of all vehicles with mileage and condition of each vehicle. The twenty-two vehicles include two motorcycles, one van, one truck, and an Explorer. Many of the vehicles have mileage over 50,000 with a number in excess of 80,000. This data was used to justify the purchase of an unmarked cruiser for $26,808 with the funds coming from the Capital Improvement Program. Councilman Roderiques and Councilman Vaillancourt voted against the purchase of this vehicle.
Drainage Issue in
Front of Atlantic Grille on Aquidneck Avenue
Councilman Vaillancourt described the “public safety hazard” existing in front of the Atlantic Grille and asked what can be done to alleviate the flooding condition there. Public Works Director Thomas O'Loughlin will coordinate discussion with the owner and the State to try to resolve this problem.
Other Flooding
Problems
Councilwoman Roarke inquired as to the flooding problems in the entire neighborhood from Wolcott Avenue to Aquidneck Avenue between Newport Avenue and Purgatory Road. A final solution is not expected until the year 2005; however resident Manny Mello suggested that 150 feet of pipe could solve the problem and Public Works Director O'Loughlin stated that he plans to do this work this year.
Town Transfer
Station to be Evaluated and Improved
Stating that a senior citizen had fallen at our town dump, Councilman Vaillancourt suggested that the Town seek a grant to improve the conditions at the transfer station. Town Administrator Gerry Kempen explained that an engineering study is already ongoing and improvements to the transfer station will be forthcoming.
Handicapped
Parking Space at 10A Woolsey Road
Responding to a request from the resident at 10A Woolsey Road, Police Chief Burns recommended the establishment of a handicapped parking space at that location. The Council unanimously received the proposed ordinance on its 1st reading and will likely adopt the ordinance at the next Council meeting.
The Council announced a special meeting on January 8, 2004 in order to meet with RIDOT to discuss West Main Road issues.
Cancellation of
Taxes for Certain Middletown Taxpayers
The Council unanimously approved the cancellation of taxes for a list of Middletown residents. This rather routine function is periodically performed to purge the list after efforts made to collect the taxes have failed. A discussion occurred on methods of embarrassing these individuals and businesses, hopefully to entice them to pay their owed taxes. Councilman Vaillancourt noted that a Google search on the internet revealed that Boston Copico, Inc. had just won a $3.5 million contract; however it had failed to pay $66.25 in taxes, which were now to be cancelled. In the future, these lists may be published on the Town’s web site to promote greater compliance.
Rescue Wagon
Billing Ordinance Adopted
On its 2nd reading, the Council unanimously adopted an ordinance allowing the Town to recover expenses for rescue wagon usage. These charges will be billed to insurance companies if the patient is insured; however, uninsured Middletown residents need not pay for the service by simply checking the appropriate boxes on the billing letter.
On its 2nd reading, the Council unanimously adopted an ordinance requiring stop signs at both ends of Hoover Road.
Utility Pole
Movement Approved
Based upon the recommendation of the Roads & Utilities Commission, the Council unanimously approved the request of the Electric Company to move poles on Prospect Avenue and Allston Avenue. It was also decided to hold a special meeting (date and time to be established) to discuss underground utilities with the Electric Company.
Councilwoman Roarke submitted three proposed zoning ordinance changes for the Council’s consideration:
(1) Lot building coverage – to include impervious paved surfaces
(2) Illuminated signs – to be shut off after business hours
(3) Building height restrictions – a reduction of 5 feet in all zones except OS and educational uses
Councilwoman Roarke immediately suggested that items 1 and 3 be submitted to the Zoning & Planning Board for their consideration and recommendations before being advertised for hearing. Item 2 she asked to be advertised for hearing while simultaneously asking for a Planning Board recommendation. Town Solicitor Gorton suggested that he reword the proposed ordinance before submitting for recommendation and advertising. The Council unanimously approved these actions.
The Council unanimously made the following appointments:
· John J. Manning – Open Space Committee
· Robert Sylvia – Personnel Board (reappointment)
With six applicants vying for two seats on the Beach Commission:
· Councilman Allen nominated Michael Daly
· Councilman Vaillancourt nominated Susan Darby
· Councilwoman Nance nominated John Crimmins
· Councilwoman Roarke nominated Donna McHenry
· Councilman Roderiques nominated Restcom E. Peabody
· No one nominated Ken Cordeiro
With President Flynn calling for a vote in the order in which nominations occurred, Michael Daly was appointed unanimously. Susan Darby failed to be appointed receiving votes from only Flynn, Vaillancourt, and Roderiques. John Crimmins was appointed receiving votes from Roarke, Flynn, Nance, and Roderiques. No further votes were taken since both seats were filled.
PUBLIC FORUM SESSION
Two residents addressed the Council during the public forum session:
Manny Mello wanted to speak on the flooding problems of Birchwood Manor and the solutions being proposed. President Flynn said we “can’t talk about this issue” because a lawsuit may be involved. Open discussion on the matter may result in additional cost to the Town.
Paul Roderick questioned whether Wolcott Avenue and Center Avenue road construction will be done and how we intend to pay for it. The reply from Administrator Kempen was that the work will be done and monies exist from the original contract to cover the cost of the work.
The Council adjourned at 10:02pm and entered Executive Session in order to discuss (1) Kempenaar Valley and (2) Island Drive litigation.
NOTE: Old newsletters (1986-1996) are now available at the “Past Newsletters” section of the website at http://www.middletown-newsletter.com
JANUARY 20, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
At 7:00pm three council members were present but none were seated. At 7:03pm Councilman Paul Roderiques arrived. Councilman Charles Vaillancourt arrived at 7:04 and took his seat, as did Councilwoman M. Theresa Santos, President William Flynn, and Councilman Roderiques. Although a quorum was now present, the meeting did not begin for another five minutes. Councilwoman Suzi Nance was in attendance but not seated at this time. At 7:05pm Councilwoman Karen Roarke arrived and took her seat. At 7:06pm Councilman Bruce Allen arrived and talked with Councilwoman Nance in the back of the room. At 7:07pm all council members were seated and at 7:09pm President William Flynn called the meeting to order.
Announcements
Prior to the start of official business, President Flynn announced the retirement of a Town employee and the victory of the Middletown Robotics Team (further action by the Town Council on this issue will occur in a subsequent meeting.) Councilman Allen referenced the promotion of Senator M. Teresa Paiva-Weed and suggested that a congratulatory letter be sent to her. President Flynn then stated that the Paradise Motel Home Park Rezoning would again be delayed since Attorney Joseph Palumbo and Town Solicitor Vernon Gorton need more time to work out an agreement. Another zoning matter (Lot 219, Plat 114) will also be continued because the Planning Board has not yet prepared its recommendation.
The newly established Down City Diner, 665 West Main Road, is changing its name to the Blue Plate Diner and consequently the BV liquor license must be transferred. The Council ordered advertised this transfer for a public hearing at a subsequent meeting.
Four items on the Consent Calendar received additional comment and scrutiny.
Councilwoman Roarke asked the status of a November request for a stop sign on Wolcott Avenue at the Briarwood Avenue intersection. Police Chief William Burn indicated that a study had been completed and the Police Department recommendation is to NOT erect said stop sign. Councilwoman Roarke continued to press for this stop sign, as did two residents of the neighborhood. The issue was (1) speeding cars on Wolcott, (2) visibility while existing Briarwood, and (3) St. George’s students crossing Wolcott at this location. Councilmen Vaillancourt and Roderiques wanted to continue this matter and obtain the comment of St. George’s before proceeding. President Flynn stated “we don’t normally put a stop sign where the Police Department says No, but let us hear from St. George’s.” With that comment the matter was continued,
Shopping Center Zoning Ordinance Sent Back to Planning Board
With Councilman Roderiques taking the lead on questioning the height and set back regulation of the newly proposed ordinance for small shopping centers, the proposed ordinance was referred back to the Planning Board for further consideration. The Public Hearing on this ordinance will remain open and the ordinance will return to the Town Council in February after the next Planning Board meeting.
DEM Recreational
Acquisition/Development Grants
As directed by the Council at the last meeting, Town Planner Ron Wolanski prepared the application for three DEM grants: (1) trail system within Paradise Park, (2) Wyatt Road soccer fields, and (3) electric lighting at the West Main Road recreational complex. These DEM grants require a 50% town match; however, the information supplied at the last meeting that this match could be all in-kind services is incorrect. Only 1/4 of the Town match can be with in-kind services the 3/4 remaining portion must be with cash. This new information meant that the Town must contribute $36,506 for project #1, $126,882 for project #2, and $42,000 for project #3. Monies for projects 1 & 3 are available from the Parks & Recreation Fund Reserve; however, monies for the Wyatt Road soccer fields was considered “more problematic.” It was decided that the monies for this project might be budgeted over a two-year period and that private groups might be able to help with contributions.
Community Development Block Grant Public Hearing #1
The annual application for these Low-Middle Income Block Grants had its first hearing with only Steve Osterguy, Community Church Housing, speaking. He identified the usual projects that have been funded in the past and will be requested again this year:
· Sidewalks for West Main Road south of Oxbow
· Meals program at West House
· Home loan program by Church Community Housing
· Housing Hotline
· Women’s Resource Center
· Lucy’s Hearth
New projects to be included this year:
· $210,000 for developing ten houses in Middletown for Low Income
· Furnishings for CCRI at Ranger Road
The second and final public hearing for these grant applications will occur in March.
Allston Avenue & Renfrew Avenue Flooding Problem to be Fixed
Town Engineer Warren Hall submitted a plan to correct the flooding problems at Allston and Renfrew Avenues at a cost of $29,360. This plan would not involve private property and would not be a short-term fix but rather a permanent solution. As to when and how this project will be accomplished, Town Administrator Gerry Kempen said it will be included in the new bid proposal for the completion of the Turner Road project with an expected construction start date as early spring. Councilwoman Roarke then attempted to identify which of these projects would be done first but was quickly shutoff by President Flynn indicating that that was an administrative decision, not a Council prerogative.
Drainage Issue in
Front of Atlantic Grille on Aquidneck Avenue
At the last meeting, Councilman Vaillancourt described the “public safety hazard” existing in front of the Atlantic Grille and asked what can be done to alleviate the flooding condition there. Public Works Director Thomas O'Loughlin reported that he has met with the owners and has contacted the state. In an effort to resolve this problem the Town will be issuing a Violation Notice in the interest of public safety.
Slate Hill Farm
Water & Sewer
Administrator
Kempen stated that $2.9M was needed to install sewer, water, drainage and new
roadbed in Slate Hill Farm.
Specifically, $1M was needed for sewer, $.9M was needed for water, and
$1M was needed for drainage and road.
Currently $.7M has been set aside in road construction monies; however,
there is no additional identifiable source of monies. The previously approved sewer bond money must be used for
existing projects to reduce storm water infiltration into the sewer lines. Councilman Roderiques asked why we were
holding onto the $700,000 of road money if this project is not likely to be
funded – he would rather spend this money on other roadways that need
fixing. Resident Manny Mello inquired
why the Council was considering this Slate Hill Farm project when he had never
heard it discussed in the last three years while, on the other hand, Birchwood
Manor has been discussed for a long time with no solution occurring. President Flynn countered Mr. Mello’s
assertion, stating “it (Slate Hill Farm) has been on the block for a long time.” In order to accomplish this project, the
Town will have to seek a $1M Sewer Bond referendum and a $1M Water Bond
referendum, which the residents will have to repay. Estimates for cost to each resident at today’s prices were quoted
at $14,000 for water and $15,800 for sewer.
Attorney Robert Silva, a resident of Slate Hill Farm, inquired whether
the residents would have to pay the full amount all at once or would it be
amortized over 20-30 years. When he
received the answer that it was the latter, he said he would be willing to
write a check for his share this very evening.
No official action was taken on this matter, other than the dollar
amounts would be recomputed for inflation and that the residents of Slate Hill
Farm would be presented this information.
If there is sufficient interest by the residents, the Council will
likely proceed to initiate the two Bond referenda.
Councilman
Vaillancourt Inquires About Third Beach
Councilman
Vaillancourt asked if Third Beach would open on time this year, apparently
receiving the answer that it would. He
also complained of a businessman’s trailer that has been parked at the beach
during the off-season. The Beach
Commission will review its policy regarding said trailer. Councilman Vaillancourt also inquired into
the status of the old pilings and whether they should be removed. Although a bit hesitant to make this
commitment, it appears that the Council will have these pilings removed.
Right of Way to
Water Ordinance Finally Heard
The long awaited
hearing on the right of way to the water ordinance finally occurred and
Resident George Spiratos vigorously spoke in opposition to the ordinance
claiming that two listed right-of-ways were owned by his family and were
definitely NOT approved right-of-ways.
Solicitor Gorton explained that five of the eleven listed right-of-ways
were indeed in dispute and only six of the listed were concretely approved by
CMRC. The ordinance was unanimously
amended to delete the five contested right-of-ways and unanimously amended to
delete a section providing temporary closure with approval. The amended ordinance was then unanimously
adopted on its second reading.
Campground Fees
to Increase
An ordinance to
increase the fees for the campground was received on its first reading and will
likely be adopted on its second reading at the next meeting.
Mooring Fees to
Increase
An ordinance to
increase the fees for Third Beach moorings was received on its first reading
and will likely be adopted on its second reading at the next meeting. The Beach Commission will review these
proposed changes at its next meeting prior to the Council adoption.
Budget Transfers
Various amounts
were transferred from one budget line item to another by unanimous Council
consent. These transfers amounted to
the following totals:
·
$1,180,343
General Fund
·
$239,211 Beach
·
$238,819 School
Restricted Funds
Water Line
Installation: Slate Hill to Island Drive
Since Island
Drive was to have its final road paving and since the Town is considering
bringing water into Slate Hill Farm, the Administration thought it was prudent
to install a 30’ section of water pipe under the roadway of Island Drive ending
in a “stub” on the Slate Hill Farm side.
The Island Drive roadway would then not be disturbed when water was
eventually brought into Slate Hill Farm.
Although the concept was agreed to by all, the Council, and specifically
Councilman Roderiques, objected to the fact that the work was performed and,
after the fact, the Council was being asked to expend Capital Improvement Funds
to cover this $10,783 expense. The
matter was continued to the next meeting.
Senior Center
Window Wrap
Three bids were
received for Window Wrap at the Senior Center: (1) $1,800 Fall River Window and
Door, (2) $7,643 Newport Construction Services, and (3) $14,125 R.F. Catalan
& Son. The low bid was rejected
because prevailing wages were not included in bid price and the Council
unanimously awarded the contract to Newport Construction Services. Editor’s
Note: this is a small example how
local governments must pay higher contracts based upon the federal law
requiring prevailing wage rates.
Handicapped
Parking Space at 10A Woolsey Road Approved
The Council unanimously adopted on its second reading an ordinance establishing a handicapped parking space at 10A Woolsey Road
Police Parade – May 2, 2004
The Aquidneck Island Police Parade Committee asked the Council to approve “in-kind” services for police details, highway department personnel and the John F Kennedy School and Middletown Library. The Council unanimously granted the request for this year’s parade date of Sunday, May 2nd.
Merger Open Space and Parks & Fields Committee
Councilwoman Roarke proposed merging the Open Space Committee and the Parks & Fields Committee into a new committee to be called the Open Space and Parks & Recreation Committee. Mason Hawes, a member of this committee, spoke in favor of the merger and the mission statement of the proposed new committee. The inclusion of the word “recreation” in the title of the new committee prompted negative feedback from various council members. Councilwoman Nance stated that it “was too much (work) putting recreation on this committee.” President Flynn objected to the inclusion of “recreation” since there weren’t “any representatives from any recreation leagues” on the committee. In the end, a workshop was scheduled for February 9th to discuss this issue.
The Council unanimously made the following appointments:
· Steven Downing – Open Space Committee
· Barry Clark – Juvenile Hearing Board
· Joseph A. Cirillo – Economic Advisory Committee
· Robert A. Connerney – Economic Advisory Committee
· Arthur Benner – Tree Commission (reappointment)
· David Lawrence – Tree Commission (Planning Board representative)
· Joan M. Gilleran – Senior Citizens Center Board of Directors
· Morrie P. Seiple – Senior Citizens Center Board of Directors
· Alice M. Whitney – Senior Citizens Center Board of Directors
PUBLIC FORUM SESSION
One resident addressed the Council during the public forum session:
Paul Lamond commended the Council on the reappointment of Art Benner to the Tree Commission but suggested that the two applicants who were not chosen (Pamela Braman and Robert Johnson) be invited to attend the Tree Commission meetings. He offered to write letters to these individuals expressing the invitation and the Council authorized him to do so.
The Council adjourned at 9:51pm and entered Executive Session in order to discuss (1) Kempenaar Valley land acquisition and (2) Town Administrator personnel review.
As the council members rose from their seats and as the room filled with noisy chatter, it became clear that President Flynn had overlooked the request to speak submitted by Manny Mello. Rather than reconvene the meeting, President Flynn chose to allow Mr. Mello to speak at the podium while the noisy chatter continued and only President Flynn and Councilman Roderiques remained seated listening to Mr. Mello’s presentation. Mr. Mello complained about the Birchwood Manor sewer problems and asked when a solution would be forth coming. Receiving the reply that it was part of an ongoing engineering study, Mr. Mello blurted out that this was “baloney” since this sewer system has been backing up for a long time. At 9:56pm the discussion ended and the crowd dissipated.
Editor’s Comment: The treatment of Mr. Mello at the end of the Council meeting was rude and inconsiderate. To force Mr. Mello to attempt to speak over a bustling and noisy crowd all the while after the meeting had been adjourned was reprehensible. His citizen’s right to speak and be heard was abrogated!
FEBRUARY 2, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
At 7:00pm four council members were present but none were seated. At 7:03pm Councilwoman Karen Roarke arrived. At 7:09pm President William Flynn took his seat and at 7:10pm he called the meeting to order. Councilman Charles Vaillancourt was absent at roll call but arrived shortly thereafter. President Flynn announced that Councilman Bruce Allen would not be in attendance since he was returning home from the Super Bowl.
Liquor License Fees
The Council received a letter from Senator Stephen Alves, Senate Finance Committee, asking whether a change in state law is needed or warranted. In particular, last year the Legislature allowed the communities to increase certain liquor license fees if the community wished to do so. Some communities increased the fees on liquor establishments while other communities decided not to do so. Senate Alves wants to know if the various cities and towns would like to make these increased license fees mandatory rather than discretionary. The Town Council unanimously decided to reply that each city or town should be allowed to make its own decision.
Three items on the Consent Calendar received additional comment and scrutiny. Councilwoman M. Theresa Santos asked President Flynn to read the two proclamations (described below) and Councilman Paul Roderiques addressed the matter of police/fire overtime. Stating that “this has been a thorn in my side for years”, Councilman Roderiques said that he is confident that the new auxiliary police and community services officers programs will reduce police overtime next year; however, we need to do something similar in the fire department.
The Council unanimously approved and President Flynn read the proclamations establishing the following days in the Town of Middletown:
Friday, February 6, 2004 – “Wear Red for Women Day” (cardiovascular disease awareness)
Monday, February 16, 2004 – “Against Sexual Violence Day”
In a memorandum, Police Chief William Burn indicated that he had spoken with St. George’s and Mr. Wes Hennion stated that there are no complaints by the students, that it is not heavily traveled, and that he is not requesting a stop sign. Chief Burns further stated that there has been increased traffic enforcement in the area and therefore continues to recommend that a stop sign NOT be installed. A neighborhood resident thereupon presented the Council with a petition containing fifty signatures requesting the stop sign on Wolcott Avenue. Councilwoman Roarke asked Chief Burns if a stop sign could be erected on a temporary trial basis receiving his reply that he wouldn’t object to a trial period. President Flynn indicated that he had hoped that St. George’s would have indicated that the area was hazardous for its students because he wanted to erect the stop sign “for right reasons” since every intersection in Middletown might request a stop sign (if this precedent were to be established.) Councilwoman Suzi Nance stated that “it is very difficult to go against the Chief’s recommendation; however, when we have fifty names on a petition, I am in favor of the stop sign.” Councilwoman Roarke thereupon moved and the Council unanimously voted to erect the stop sign on Wolcott Avenue at the Briarwood Avenue intersection.
Paradise Motel Home Park Rezoning Withdrawn
President Flynn related Attorney Joe Palumbo’s request to withdraw the zoning petition amendment R-40 to R20 for Paradise Motel Home Park. Attorney Joe Palumbo’s stated rationale for withdrawing the request is that the restriction placed on the amendment to maintain the R-40 setbacks in the proposed new R-20 zone would make the amendment change meaningless. The Council unanimously allowed the withdrawal of the request for zoning change.
Business Signs to Remain Illuminated
In an effort to reduce night sky pollution, Councilwoman Roarke had proposed an ordinance requiring all illuminated business signs to be turned off when the business is closed for the day. The Planning Board recommendation is to NOT pass this ordinance but simply enforce the 11:00 pm deadline. This one proposal galvanized the small business community as never before and a number of business owners appeared in the audience and some spoke before the Council, all opposed to the proposed amendment. The primary opposition centered upon the fact that signs have a promotional benefit that attracts future customers and that darkened signs might give the wrong opinion that the business had gone out-of-business rather than merely being closed for the evening. Furthermore, signs and lights provide security to the establishment and in the case of banks provide some measure of security to outside ATM users when the bank is closed. One business owner addressing the night sky pollution directly stated, “If the Newport Bridge turned off its lights, I might do the same.” Attorney Robert Silva took the opportunity to remind the small business owners in attendance that additional zoning changes that will affect them (lot coverage and height restrictions) are currently under consideration. President Flynn noted, “if this issue does nothing else, it brings to light the enforcement of the 11:00 pm curfew,” to which Attorney Silva responded, “you didn’t mean to say bring to light, did you?” Councilman Vaillancourt then moved to deny the ordinance. The ordinance was rejected on a 5-1 vote with only Councilwoman Roarke voting to approve it.
Water Line
Installation: Island Drive to Slate Hill Farm
Continued from
the last meeting was the matter of how to finance the 30’ section of water pipe
installed under the roadway of Island Drive ending in a “stub” on the Slate
Hill Farm side. Finance Director Shawn
Brown requested that Capital Improvement Program funds be used since this was
in infrastructure project that would provide a fire hydrant and access for
future water installation to Slate Hill Farm.
Councilman Roderiques vigorously objected to the use of CIP funds
because the $10,783 does not meet the minimum $25,000 standard established for
the use of these funds. Councilman
Vaillancourt stated that “in all fairness to the Turner Road residents” would
the Town recover this cost from the Slate Hill Farm residents? The answer depends on the timing of the
Slate Hill Farm water project but in all likelihood is “No”, the Town, as a
whole will pay for this pipe. Resident
Art Benner suggested that the Planning Board should take a better look, in the
future, at adjacent properties at the time of development to foresee such
problems and compel the developers to install necessary sewer and water line
stubs. Rather than using Capital
Improvement Program funds, Councilwoman Nance moved to pay for the pipe
installation using Unreserved Fund Balance monies. This was unanimously approved by the Council.
.
Aerator Purchased
The Council unanimously approved the $11,480 purchase of an aerator and attachments from Turf Products Corporation, Enfield, Connecticut. Apparently this was the only bid submitted since no other companies were listed in the docket. The aerator will be used to maintain our playing fields, especially the soccer field on Wyatt Road.
Municipal Court Computer Software Purchased
On a 5-1 vote with Councilman Roderiques opposed, the Council approved the purchase of replacement software for the Municipal Court at a cost of $14,250 from Leading Edge Systems, Inc. as sole source procurement. Town Clerk Barbara Nash explained that the current software system is a custom designed package that has been tweaked “a number of times”, that the new software is used by many other Rhode Island communities, that the new software is compatible with the State traffic court, and that the new software will help clean up the backlog in processing traffic tickets. Councilman Roderiques stated his opposition, as “I’m not ready to buy new IT because I don’t know where we are and where we are going with IT. I’m not against it, I am just not informed enough.”
Police Protest
At this point in the proceedings, this reporter noticed a man sitting in the back of the audience holding up a large (2 ½’ x 3 ½’) sign. The man spoke not a word but continued to hold up this sign, alternating front and back, for the remainder of the meeting. The two signs read as follows:
|
MIDDLETOWN
and NEWPORT Police UNFAIR!!! |
GOLDEN RULE For “CROOKED COPS” = External Inquiry! |
Campground Fees
Increased
The Council
unanimously adopted an ordinance to increase the fees for the campground on its
second reading. The new rates are as
follows:
Seasonal: $3024; Average Daily Rate: $24
Monthly, non-peak: $780; Average Daily Rate: $26
Monthly, peak: $990; Average Daily Rate: $33
Weekly, non-peak: $245; Average Daily Rate: $35
Weekly, peak: 294; Average Daily Rate: $42
Daily, non-peak: $38
Daily, peak: $45
Mooring Fee
Increases Delayed
Councilwoman
Nance suggested that mooring fees not be increased at this time and when
questioned why by President Flynn responded that Middletown does not have an
approved Harbor Plan at this time and therefore doesn’t have the authority to
charge any fees. President Flynn
responded that he wished he hadn’t asked.
To complicate matters further, Finance Director Brown indicate that the
fees charged last year were different (more) than the fees indicated in the
present ordinance. An ordinance change
is needed to adopt last year’s charges.
The whole matter was referred back to the Beach Commission for review
and a resolution.
Gaudet School
Spring Sports Program
A group of Town
citizens is attempting to raise monies to establish a Spring Sports program for
Gaudet School to include Boys baseball and Girls softball. Toward this end they are soliciting the Town
Council for funds to help reach their goal of $9000. Councilman Vaillancourt, as an ex-officio member of this
committee, supports the effort and made a motion to find $2000 somewhere in the
budget, stating that he would “support any activity for our children.” The Council unanimously approved the motion
and Director Brown will locate the money and report to the Council at its next
meeting.
Manny Mello Ask
Questions
Resident Manny
Mello asked the Council a series of questions pertaining to cost overruns and
uncompleted public works projects indicating that he cannot get any answers
from the Town Engineer or the Public Works Director. He stated that “we don’t know the costs, it’s taxpayer’s money
that I’m looking out for.” In the end,
the Council directed Mr. Mello to provide the Administration with a written
list of his questions and he would receive his answers in a reply.
Unanimous Appointments
The Council unanimously made the following appointments:
· Colleen Aull – Aquidneck Island Planning Commission
· Art Weber - Aquidneck Island Planning Commission
· David Lawrence - Aquidneck Island Planning Commission (alternate)
· Pat Straka – Technology Advisory Committee
·
Councilwoman Nance then suggested that Councilman Roderiques be appointed to the Technology Advisory Committee as the Council’s representative; however, Councilman Roderiques declined indicating that he was on many committees already. Councilman Vaillancourt then suggested Councilwoman Nance be appointed to this committee and the Council quickly voted in the affirmative; however, Councilwoman Nance declined the appointment suggesting that she too was busy. In the end, President Flynn remains the Council’s representative, although he has not yet attended any of the meetings.
PUBLIC FORUM SESSION
One resident addressed the Council during the public forum session:
Darlene Wilson addressed the Council regarding crosswalks on West Main Road, specifically the crosswalk near Applebee’s suggesting that RIPTA should move the bus stop rather than the Town having to move the crosswalk. Town Administrator Gerry Kempen informed her that a recent decision made by the State would do precisely that. Ms. Wilson then inquired as to the status of crosswalks near Thelma Lane and Councilwoman Roarke responded that discussions on this matter are ongoing.
With Councilman Vaillancourt objecting to the suspension of the rules and the addition of a docket item, President Flynn asked Police Chief Burns to provide an update on the Gun Club situation. Chief Burns indicated that although the bullet was determined to have NOT been fired from the gun club, the exact location from whence the shot came has not been determined. Additionally, gun club safety information will be received in a couple of days and forwarded to the Solicitor for him to draft proposed regulations.
President Flynn then announced that the scheduled Executive Session would not be held. There ensued a rather hostile dialogue between President Flynn and Councilman Roderiques with the latter questioning why the personnel matter pertaining to Information Technology would not be discussed and who should determine its cancellation (the President alone or the Council as a whole). During this dialogue, President Flynn stood and put on his jacket and left without ever calling for a motion to adjourn. Town Clerk Barbara Nash was left to comment that the meeting had been adjourned as the remaining council members dispersed.
Since no official adjournment took place, this reporter did not note the time; however, this reporter was home at 9:45pm.
Editor’s Comment: President Flynn’s fit of pique at the meeting’s end was unbecoming of any Town official, let alone the President of the Council.
FEBRUARY 17, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
At 7:00pm five council members were present but none were seated. At 7:04pm Councilman Paul Roderiques arrived. At 7:05pm President William Flynn struck the gavel, but before calling the meeting to order, asked for a moment of silence for the “sudden and tragic death” of two-year-old Eric Sjoblom. At 7:07pm President Flynn called the meeting to order. Councilman Bruce Allen was absent.
Liquor License – Blue Plate Diner
In a purely routine administrative hearing, the Council unanimously approved a BV Liquor License transfer from Down City Diner to Blue Plate Diner (same owner). The transfer was necessitated by a problem with the use of the Down City name.
Two items on the Consent Calendar received additional comment and scrutiny.
Robin T. Kasckow was introduced as the recently appointed Network Operations Manager in the Information Technology (IT) Department.
The following victualling house licenses were unanimously approved:
The often-postponed Public Hearing for the stormwater management plan was “finally” opened for comment. The report was heralded by Councilman Vaillancourt as “a lot of reading, but very well done.” Councilwoman Karen Roarke inquired as to how to get this information out to the public and Town Planner Ron Wolanski responded that within the plan there is provision for promoting it. Attorney Robert Silva then inquired if there is any financial impact to homeowners and business owners. Administrator Kempen replied that that remains an open question since the regulations for implementation have yet to be written. In the end, it was decided to continue this matter to the March 1st meeting to afford time for Attorney Silva to review the report and make any public comment at that time.
The second reading of the Shopping Center Zoning Ordinance was continued to the March 15th meeting to allow the Planning Board to review the ordinance at its March 3rd meeting.
Attorney J. Lynch petitioned the Council for a zoning change R-20A to OBA for Plat 114, Lot129 fronting on Aquidneck Avenue and Newman Drive. This former used car lot is currently the source of litigation whereby the petitioner is attempting to reverse a Zoning Board decision which would revert the property to a residential use rather than the grand fathered use as a used car dealership – the matter is currently on appeal in the judicial system. The petitioner explained that if the zoning change was not approved to allow an office business use, then the appeal process would be pursued and, if granted, the used car dealership would return. The petitioner argued that the office business use would be a far less intrusive commercial use. Residential abutter Frank Freitas indicated that in 1979 the Zoning Board had changed the use from a used car dealership to a Light Industry use, which therefore forfeited any grandfather rights of the property, and the Town should win the lawsuit. The Light Industry failed to materialize after five months and the property reverted to the “blight and dump and eyesore” that has remained. When asked by the Council whether the neighbors objected to the zoning change, Mr. Freitas indicated that they are “neither for nor against” the zoning change, what the neighbors are opposed to is the blight! The Planning Board’s recommendation in this matter is to reject the zoning change and revert the property to residential use thereby complying with the Middletown Comprehensive Plan. Councilwoman Suzi Nance stated that she was “in favor of going against the Planning Board for the first time.” Administrator Kempen suggested that a meeting between the petition and neighbors might be arranged to work out a compromise set of restrictions that would allow the zoning change to be amenable to the residents and the Council. The matter was received on its first reading and the Public Hearing was continued to the March 1st meeting.
The Planning Board presented the Council with a priority list of sidewalks as follows:
A resolution will be drafted and approved at a subsequent Council meeting establishing this priority list.
The Planning Board requested a meeting with the Town Council to discuss town-wide commercial development standards. President Flynn suggested that such a meeting also discuss the disposition of abandoned Navy housing and its privatization and to invite Church Community Housing to participate in this discussion. March 31st at 7:00pm was the agreed upon time for the discussion of these two items.
Administrator Kempen explained a tentative deal with the State whereby the Town would pay for the design work and the State would pay for the full construction of the intersection corrective action to be completed in the Spring of 2005. To finalize this deal Administrator Kempen was seeking Council approval and the use of undesignated fund balance to fund the design work. Without taking a formal vote, the Council apparently authorized Administrator Kempen to proceed.
The Council unanimously approved the lease purchase of a tank truck for the fire department in the amount of $175,650. The contract was awarded to the sole bidder, Northeastern Fire Associates, Cheshire, CT. The Administration had suggested that the old tank truck be traded in at purchase but since the trade-in value was only $3000, Councilman Roderiques objected and suggested that Public Works might be able to use the old truck (only 12000 miles). Resident Manny Mello said that the truck is in good condition and he wouldn’t give it away for $3000. Public Works Director Tom O'Loughlin was concerned that this old truck might become a “maintenance headache.” In the end, the Council approved the purchase of the new vehicle but rejected the trade-in.
The Council unanimously approved the purchase of an Exhaust System for the Fire Department from Air Cleaning Specialist, Hanover, MA as the only bidder in the amount of $63,785. A federal grant will be used to pay 80% of the cost with the Town requirement being a 20% match.
An engineering services contract for the Wave Avenue Pumping Station was unanimously awarded to the low bidder, Louis Berger Group, Providence, RI in the amount of $23,580. Northeast Engineering & Consultants in the amount of $27,600 submitted the only other bid. Councilman Roderiques inquired if time frames were contained within this contract receiving an affirmative reply.
The Council unanimously approved the purchase of a backhoe for the Public Works Department from Schmidt Equipment, North Oxford, MA in the amount of $97,616 while rejecting the low bidder for not meeting Town specifications. The Administration had suggested that the old tank backhoe be traded in at purchase but since the trade-in value was only $11000, Councilman Roderiques objected and suggested that Public Works might be better off to keep and use the old backhoe. Administrator Kempen explained that Director O'Loughlin had originally requested the no trade-in option but it was included as a cost saving measure. The Council amended the resolution to delete the trade-in and approved the purchase.
The Council unanimously approved the purchase of a pre-engineered structure from Sprung Instant Structures, West Jordan, UT. The total cost of the structure, washing rack, and necessary sanitary sewer upgrades amounts to $328,090. DEM’s Notice of Violation against the Town necessitates the immediacy of this project requiring the sole source procurement. This DEM violation automatically triggered a hold on the Town’s reserve fund balance to fund the project. Resident Ronald Santa spoke “to place into the record that the procrastination of the previous Town Administrator (Michael Embury) resulted in the need for this sole source contract.” Mr. Santa further stated that if he was in error then please correct him – no correction was offered. Mr. Santa then asked if the Town would still have to pay the $95,000 DEM fine if we complete the work as outlined, receiving the reply that the Town is appealing the DEM fines.
In the past, whenever a commercial facility needed a fire plan, the Fire Department would provide assistance in developing such a plan at no cost to the business establishment. The first reading was held for a new Town ordinance to establish a sliding fee scale for this service:
The first reading was also held for the Town ordinance establishing the Fire Plan Review process that would use the above fee schedule. Both ordinances will likely be adopted at their second readings at the next Council meeting.
The Council received on its first reading an ordinance to increase the fire alarm registration fee from $50 to $100 and to establish an annual $200 fee for property owners required by RI Fire Safety Code to have a supervised fire alarm system (primarily large commercial and educational facilities). This ordinance will likely be adopted at its second reading at the next Council meeting.
The Council unanimously approved the rather routine matter of canceling taxes of certain taxpayers deemed to be uncollectable. Resident Art Benner questioned the Blue Wave Car Wash which was listed a number of times dating back to 1995. Finance Director Shawn Brown explained that the Blue Wave Car Wash had been in a number of bankruptcy proceedings under a number of different owners and the personal property taxes were judged to be uncollectable. Director Brown indicated that the Town has to be on its toes and very quick acting to prevent similar uncollectable personal property taxes in the future.
Mooring Fee
Increases Approved
Without comment,
the Council unanimously approved the harbor mooring fees on its second reading
as follows:
The first reading was held for an ordinance establishing a three-way stop intersection at Wolcott Avenue and Briarwood Avenue. The ordinance will likely be adopted at the second reading at the next Council meeting.
Council Commits to Historical Preservation
At the urging of
Pamela Kennedy, Deputy Director RI Historical Preservation & Heritage
Commission, the Council unanimously adopted a resolution declaring Middletown
as committed to the preservation of its historical resources. This declaration was needed so Middletown
could apply for a designation as a “Preserve America” community.
Storage
Containers at Third Beach
The Council
received a letter from Chris Kahil objecting to two storage containers at Third
Beach “that are an eyesore and deter from the beauty of the surroundings. Councilwoman Karen Roarke explained that the
Beach Commission has decided that the Town-owned trailer will be permanently
removed; however, the privately owned trailer is part of the Wind Surfer
contract allowing for storage during the season. This unit will be removed during the off-season. Although this answer did not seem to appease
Mr. Kahil, or Councilman Vaillancourt, nothing further can be done about the
private trailer until a new contract is negotiated.
Open Space and
Fields Committee
A mission
statement and list of goals was received for the newly combined and renamed
Open Space and Fields Committee. A list
of current members was also identified:
·
Bill Burns
(Conservation Commission)
·
Ted Clement
(Aquidneck Island Land Trust)
·
Lori Cochrane
·
Steve Downing
·
Eileen Hatfield
·
Carol Hale
·
Mason Hawes
(Chair)
·
Deb Luhrs
·
Jay Manning
·
Suzi Nance (Council
liaison)
·
Tom O’Loughlin
(DPW)
·
Lisa Pritchard
·
Karen Roarke
(Council liaison)
·
Michele Stern
·
Greg Schultz
·
John Tucker
(Planning Board)
The Council
unanimously appointed Christopher D. Greene to this committee.
The Council unanimously made the following appointments to the Planning Board:
· Colleen Aull - reappointment
· David J. Lawrence - reappointment
· Jan Eckhart
Skyler Mills did not seek reappointment. Thomas E. Lahey applied but was not appointed.
The Council received the following resignations:
PUBLIC FORUM SESSION
Two residents addressed the Council during the public forum session:
Elizabeth Bozyan, speaking on behalf of “Common Sense”, addressed the Council on the upcoming budget process. She indicated that the School Department is asking for a 5.8% increase and suggested that there should be no tax increases this year and even advocated a tax decrease. She reminded President Flynn of his pledge last year if the Capital Improvement Program were to be instituted. She urged the Council to “please keep Middletown affordable for all its citizens.”
Manny Mello addressed the Turner Road project and the deteriorating condition of the road. He said that all the material at the drive-in that was removed from Turner Road should be crushed and recycled to use as a base on Turner Road. He further added that it is going to cost a lot of money to fix Turner Road. Administrator Kempen replied, “we are looking at assessing Turner Road and will be coming up with a long term fix.”
The Council adjourned at 9:36pm and entered Executive Session in order to discuss (1) Personnel (Beach Manager) and (2) Land Acquisition (Kempenaar Valley).
Editor’s Comment: In the hall, I asked Councilman Roderiques what happened to the scheduled Executive Session regarding Information Technology. He informed me that a death in the family caused a postponement of this Executive Session topic.
MARCH 1, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
At 7:00pm the special meeting with Narragansett Electric was still ongoing relative to discussion of underground utilities. Councilwoman Karen Roarke and Councilman Paul Roderiques arrived at 7:01pm. The special meeting was adjourned at 7:06pm and President William Flynn immediately called the regular meeting to order. All council members were present
The nine-item Consent Calendar was adopted without comment or debate.
The Council unanimously approved and President Flynn read a commendation for the “Red Shadow” team of Gaudet School sixth graders who recently built and programmed a robot that won the Director’s Award at the third annual competition in Rhode Island. Thiry-nine other teams from nineteen Rhode Island communities competed in this contest. The Red Shadow team will now compete in April 2004 at the national competition in Atlanta, Georgia. The Council also unanimously awarded $100 per student to be taken from the President’s Discretionary Fund to help defray the travel cost to the nation competition. The Red Shadow team consisted of Patrick Fogerty, Ryan MacGowan, Kyle Thompson, and Jordan Watson. The adults included Manager Jeff Thompson and Coach Jim Fogerty.
Town Planner Ron Wolanski explained that he had provided Attorney Robert Silva with the material he had requested but had received no comments or feedback. The Council then closed the public hearing and unanimously adopted the plan and forwarded it to the Department of Environmental Management (DEM).
Town Solicitor Vernon Gorton informed the Council that although Attorney J. Lynch had spoken with the abutters and reached a compromise solution, the compromise had not yet been reduced to written form. The Council continued this matter to the next Town Council meeting on March 15th.
The Planning Board has developed a proposed zoning amendment to allow for a type of development know as senior independent living. This type of development is similar to townhouse development but would require at least one resident to be 55 years or older. In exchange for the expected result of a lesser impact on town services, the ordinance would allow a 25%-30% greater density of development. The ordinance was ordered advertised for public hearing at a subsequent Council meeting.
The Council unanimously approved the use of $10,000, currently existing in the Economic Development Advisory Committee (EDAC) budget, as matching fund money to acquire a $10,000 RI Economic Development Corporation grant. These monies will be used to begin the design and implementation of infrastructure improvements, including signage and landscaping, at the Aquidneck Corporate Park located off Valley Road.
The Council received a letter from RI Department of Transportation (DOT) including the minutes of the joint meeting held on January 27. The Council disagreed with the position of eliminating grassy strips between the road and sidewalks (esplanade sidewalks) and directed that a letter be sent to DOT indicating that the Council definitely wants to retain the esplanade sidewalks. The Council also wants the letter to indicate to the state that the Dexter Street crosswalk* should be removed and the white lines stripped or painted over.
* Editor’s Comment: Earlier editions of this newsletter erroneously used the word sidewalk.
Apparently the Council did not authorize the Administrator to proceed with a tentative deal with the State as reported in the last Middletown Newsletter since Town Administrator Gerry Kempen was again seeking Council approval and the use of undesignated fund balance to fund the design work for this project. The deal with the State would have the Town pay for the design work and the State would pay for the full construction of the intersection corrective action to be completed in the Spring of 2005. Councilman Bruce Allen noted that in years past the State had agreed to pay for the entire project, design and construction. Councilwoman M. Theresa Santos asked why another engineering design was needed since Town Engineer Warren Hall had developed such a plan a few years ago; however, President Flynn stated that the state “will not accept Mr. Hall’s work.” Councilman Roderiques indicated that he was “struggling with the money part of this” and was concerned that we would spend $40,000 in design work and the State might not follow through and complete the construction. Administrator Kempen assured the Council that he would not spend the $40,000 on engineering design until he had received written assurances from the State that the construction would be done. Councilman Charles Vaillancourt suggested that the State legislators be contacted to try to get State reimbursement for this engineering design. In the end, the Council unanimously approved an expenditure not to exceed $40,000 to Vanasse, Hangen, Brustlin, Inc. of Providence for engineering services for the reconfiguration design of Green End Avenue/Valley Road intersection.
With President Flynn indicating that the $2.8M sales price “had been reduced somewhat”, the Council unanimously approved the long-discussed purchased of the Kempenaar land in the Valley abutting Bailey’s Brook. The funds will come from two previously approved open space bond referenda with the State of Rhode Island contributing $467,500, the Aquidneck Island Land Trust contributing $400,000, and the City of Newport contributing $250,000.
The Fire Plan Review Ordinance and the ordinance establishing fee structures for Fire Plans were both adopted on their second readings.
The ordinance to increase fees for fire alarm registration was adopted on its second reading.
The Council received and approved Fire Chief Stephen Martin’s request to declare a 1990 Chevrolet Suburban surplus since it is in very poor condition and is not safe for use by the Fire Department.
Sidewalks on Aquidneck Avenue at Gaudet School
The Council unanimously approved a resolution identifying Aquidneck Avenue near Gaudet School as a project for TIP funding early release and asked the State for use of $100,000 grant money. If approved, the sidewalks might be constructed next year.
IT Consultant Contract Extended 15 days
Administrator Kempen explained that his decision to readvertise the network administrator position resulted in insufficient overlap time for the newly hired network administrator to fully orient himself with the system. The requested additional 15 days of consultant time would be used in emergency situations over the next few months such as today’s emergency whereby the email system is not functioning. Councilman Vaillancourt indicated that “for public safety, I will reluctantly support it”; whereas Councilman Roderiques is not “willing to commit more taxpayer money” toward the Information Technology (IT) problem. In the end, the Council approved the contract for fifteen additional consulting days at a cost of $9,450. The approval vote was 5-2 with Councilman Roderiques and Councilwoman Santos opposed.
Council Seeks 5% Increase in School Aid from State
The Council unanimously passed a resolution supporting Senate Bill 2004S-2117 that calls for a five percent increase in school aid for each school district. Councilman Vaillancourt indicated that Middletown school aid will be cut $245,000 (2.3%), if the Governor’s budget is adopted, and indicated that our legislative delegation must recognize that we need more money for Middletown. President Flynn stated that “something is wrong” when Central Falls (the only state run school system) is the only school district to receive an increase while all the other city and town school systems will get a decrease. Councilman Vaillancourt also pointed out that there are no Charter School in Middletown yet lots of state monies will be going to Charter Schools. Resident Morris Hirsch that it is the children who are being hurt, pointing out that 100 high school students had signed a petition asking that foreign languages not be cut but that these programs are indeed on the chopping block. Mr. Hirsch suggested that programs with unfunded mandates are the programs that need to be axed.
Weight Training Center for Middletown High School
Councilman Vaillancourt submitted a number of letters from organizations seeking state funding and grant money. Among these was a request from Football Coach Andrew Leys seeking a $4000 grant to establish a weight training center at the high school. This center might also be used during the summer or evenings for an adult program whereby the Town could recoup revenue. Apparently Mr. Leys and the Principal of the High School have identified space at the facility where this weight training center could be established; however, the School Committee has not yet been approached for its approval. Before the Council commits any money to this project, the School Committee endorsement will have to be obtained. As for a source of funding, there exists a special fund now totaling in excess of $6000 that has been accumulating over the course of several years that comes from State Legislative Grants specifically targeting youth recreation. Representative Bruce Long has been the sponsor of these Legislative Grants.
Dunlap-Wheeler Park Parking, Surfing & Kite Sailing
The Council received a report and recommendations from the Beach Commission addressing three items:
1. Short term parking (4-hour maximum) from sunup to 4:00pm shall be allowed at Dunlap-Wheeler Park with general public parking otherwise. Councilman Vaillancourt inquired if the Commission spoke with Atlantic Beach Club owner Mr. Kyriakides receiving an affirmative reply.
2. Surfing and swimming areas at Sachuest Beach will be segregated.
3. Kite Sailing will be banned at both beaches during the beach season.
Since all of these recommendations need an ordinance to become effective, the Town Solicitor Vernon Gorton was directed to prepare the necessary ordinances for adoption at a subsequent Council meeting.
Al Gauthier Addresses Council
Al Gauthier would like the Town to revert to the process of annual Financial Town Meetings. Toward that end he has asked President Flynn and Solicitor Gorton a series of questions regarding the method of accomplishing this transition especially as to how it might be accomplished using the citizen’s Initiative Referendum process outlined in the Town Charter. Solicitor Gorton has responded that the Initiative Referendum cannot be used in that fashion and can only be used to pass “ordinances”, whereas the Financial Town Meeting would need a Charter revision. Since President Flynn has declared that he is personally opposed to Financial Town Meetings, Mr. Gauthier sees no way to obtain a Charter revision through Council action and insists that the only method available for citizen’s to initiate reforms is through the use of the Initiative Referendum process. The Council instructed Mr. Gauthier that he should seek outside legal opinions on this matter because the Town Solicitor cannot expend significant energy and time assisting individual residents or groups.
Antone Viveiros Addresses Council
Antone Viveiros cited two examples whereby the Town apparently is circumventing the Town Charter limitations. In case one, he cited the failed water bond referendum seeking $5M and the creation of a water department. In case two, he cited the $2.2M lease purchase agreement of the School Department which Mr. Viveiros contends is a blatant attempt to circumvent the $100,000 borrowing limitation without voter approval established in the charter. In the end, Mr. Viveiros suggested that these Charter “violations” would not be possible if the Town had Annual Financial Town Meetings as being pushed by Mr. Gauthier.
The ordinance establishing a three-way stop intersection at Wolcott Avenue and Briarwood Avenue was adopted on its second reading.
PUBLIC FORUM SESSION
One resident addressed the Council during the public forum session or was it two?
Pamela Brayman expressed congratulations to the Council for its open space purchase of the Kempenaar Valley.
Editor’s Comment: The rules regarding the public forum session specifically state that the subject matter cannot be a subject discussed during the regular session and therefore Ms. Brayman’s congratulations were technically out of order. Since President Flynn knew what her topic was (written request form) and was aware that the topic had been discussed previously, he was fully aware that Ms. Brayman would be speaking in violation of the rules. Apparently it is okay to violate the rules when a citizen is heaping praise upon the Council.
Prior to adjournment, President Flynn announced another public forum speaker stating “ and last but not least, Manny Mello”. The Council then chuckled as it was announced that the request was an old form since Mr. Mello had not requested to speak this evening.
The Council adjourned at 8:55pm and entered Executive Session in order to discuss (1) Personnel (Town Administrator contract) and (2) Collective bargaining (Library).
MARCH 15, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
A quorum was not present at 7:00pm with only President William Flynn, Councilman Bruce Allen, and Councilwoman M. Theresa Santos in attendance. At 7:03pm Councilwoman Suzi Nance arrived thereby creating sufficient numbers for a quorum. Councilwoman Karen Roarke and Councilman Paul Roderiques arrived at 7:05pm and at 7:09pm President Flynn called the meeting to order. Councilman Charles Vaillancourt was absent.
The three-item Consent Calendar was adopted without comment or debate.
The Aquidneck Island National Police Parade Committee requested a Hawker’s license to sell t-shirts along the parade route on May 2, 2004. The license was unanimously approved, as was the request to waive the $50 fee for the license.
The Class of 2004 at Middletown High School has spent many hours creating a Coat of Arms emblem/logo with authentic detail and historical accuracy that unifies all of the elements of the Middletown community. Although the class has held many fund-raisers it has not yet succeeded in reaching its goal of $5000. The money is needed to produce a nylon banner 8 feet by 3 feet for display at graduation and other school events. The banner and the Coat of Arms design itself are intended to be a Class gift to the school. The students exhibited the Coat of Arms and solicited the Council for a donation. The Council unanimously awarded the Class $200 to be taken from the President’s Discretionary Fund.
Attorney J. Lynch presented the Council a list of eight conditions and restrictions to be included with the zoning change to OBA. Although these conditions were in written form, they were not sufficiently detailed to satisfy the Council. The Council discussed these conditions at length and offered correction and additions to the list and in the end continued the matter to the next meeting so that a new more comprehensive list of conditions and restrictions could be reduced to written form. It is clear that the Council would rather not rezone this property; however, since the residential abutters are supporting the change as a means of cleaning up and improving the deplorable conditions of the property, the Council will eventually approve this zoning change but with a large number of restrictions. Abutter Rosalyn Pascoe related the “deplorable” condition of the property, decried the owner as a “terrible neighbor”, and reluctantly and hesitantly agreed to the zoning change. Abutter Mary Vandeusen also agreed to the change and expressed concerned about the “cleanliness” and the rear building, which is “ready to collapse”, and is a “haven for rodents.” Resident Art Benner was “very appalled that the Town has allowed this condition to exist for twenty years.” Abutter Frank Freitas stated that the neighbors support this rezoning change “as a tradeoff against the lawsuit” and so the owner will sell the property. Councilwoman Roarke suggested that the owner could “show a good faith effort” by cleaning up the property during the next two weeks before the next hearing on this matter at the April 5th Council meeting.
Fire Chief Stephen Martin presented the Council with a new proposal for the old tank truck that was given to the Public Works Department in lieu of using it as a trade-in (see Middletown Newsletter 2/17/04). The Portsmouth Fire Department would like to have this old tank truck for use on Prudence Island and as a gesture of good will between the communities was offering $38,000 of electrical equipment from a Federal grant. Although the Council appreciated the idea, Councilman Roderiques expressed concerns about giving away taxpayer dollars (tank truck) and resident Manny Mello expressed concern that it should stay in Middletown and be used for fire protection on the east side of Town. Fire Chief Martin did not seem too pleased with the outcome that the old tank truck would be returning to his department.
Small Shopping Center Zoning Ordinance Adopted
Accepting the Planning Board’s recommendations for height and setbacks and with no citizen comments offered, the Council unanimously adopted on its second reading a zoning ordinance to regulate the development of small-scale shopping centers.
Contract Awarded for West Main Road Sidewalk
The Council unanimously awarded a $36,875 contract to Garofalo & Associates, Inc. of Providence for the surveying, engineering, and construction management services for West Main Road sidewalks from Rogers Lane to Super Stop & Shop. Councilman Roderiques inquired as to why the Town could not do this project and other projects in-house and save a lot of money. Town Administrator Gerry Kempen responded that the Town Engineer doesn’t have the time to do this project along with his other duties. Perhaps if the Town was to hire some assistants for the Town Engineer these projects could be done in-house. This matter will be a source of discussion during the budgeting process.
At the February 17, 2004 meeting the Council authorized the purchase of a backhoe for the Public Works Department and negated the proposal of using an old backhoe as a trade-in. A clerical error occurred during this transaction and the Council was therefore being asked to correct the mistake. The Council unanimously approved the new resolution that corrects the sales price, without trade-in, to $99,786.
A sign in front of the Town Hall would make it easier for people to find the building. Two designs for such a sign were presented for Council approval and the authorization to spend $2700 on construction. Since both signs exceed the dimensions of the Town’s sign ordinance, a request to the Zoning Board for a variance would also be needed. With Councilwoman Nance stating that she was “so against applying for a variance to the sign ordinance” and other council members objecting to the large size, President Flynn rejected the proposal indicating that it is “back to the drawing board.”
At the urging of Anne W. Garnett, Executive Director Aquidneck Island Land Trust, the Council unanimously passed a resolution supporting the statewide $60,000,000 Open Space and Recreation Bond. Specifically the support is granted for $45M Open Space and $15M Recreation Bond money.
The Council accepted without comment the resignation of Morris Hirsch from the Information Technology (IT) Committee.
The Council unanimously reappointed Alan Kirby as the Town’s Tree Warden.
PUBLIC FORUM SESSION
Three residents addressed the Council during the public forum session and then other spoke:
Colleen Wilson spoke in regard to traffic enforcement on West Main Road stating that since the tragic death she has been maintaining a constant vigil and reporting traffic violators to the Police. Ms. Wilson related an instance of an erratic driver that she “stayed in front of to slow down” while she called 911. Ms. Wilson was upset that the response she received was that there were no police cruisers available to respond. Ms. Wilson then objected that two police officers spend days at Walgreen yet there are not enough patrol cars to enforce safety on West Main Road. Administrator Kempen explained that the Police Officers at Walgreen’s are off-duty and on special detail and there is not sufficient monies in the budget to provide the police services that she is demanding. Ms. Wilson concluded by stating that the “Town needs to find money to put more officers out there.”
Elizabeth Bozyan, speaking on behalf of “Common Sense”, addressed the Council on the upcoming budget process. Ms. Bozyan stated that President Flynn, in a workshop, had expressed the idea that a 3.5% tax increase is likely this year. Ms. Bozyan suggested that taxes should NOT be raised at all this year and possibly should be cut and that the Council should “keep Middletown affordable.”
Manny Mello addressed the issue of fire protection on the east side of town. Mr. Mello suggested that a water line should be constructed from Wyndham Hill to Howland Park and a fire hydrant installed there.
Since only three residents had submitted a request to speak, President Flynn was about to adjourn the meeting when a young man rose and asked to speak. He apologized for being late and not submitting a written form but would only take a minute of the Council’s time. Much to his later regret President Flynn allowed the man to speak. First the man said he was a Portsmouth resident (adding to President Flynn’s regret) and then he spoke of kite sailing at the beach. He indicated that a “new proposal” was being offered to the Beach Commission at its next meeting. This sparked a testy dialogue between Councilwoman Nance and Councilwoman Roarke since the matter of a kite sailing BAN was currently being prepared by the Town Solicitor per instructions of the Council at the last Council meeting so what was this issue doing reappearing at the Beach omission? Apparently Councilwoman Nance as Chairperson of the Beach Commission was aware of the new kite sailing proposal whereas Councilwoman Roarke, a member of the Beach Commission, was not. An exasperated President Flynn indicated that the five-minute limit had been exceeded on this Public Forum subject and the discussion shall end.
The Council then adjourned at 9:15pm and entered Executive Session in order to discuss (1) Personnel (Town Administrator contract) and (2) Collective bargaining (Library).
APRIL 5, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
A quorum was present at 7:00pm with President William Flynn, Councilman Paul Roderiques, Councilwoman M. Theresa Santos, and Councilman Charles Vaillancourt in attendance. At 7:03pmm Councilman Bruce Allen arrived. Councilwoman Suzi Nance and Councilwoman Karen Roarke arrived at 7:04pm and at 7:05pm President Flynn called the meeting to order. All council members were present.
Hearings for each of these licenses will be held at the regular Council meeting on May 3, 2004.
The eight-item Consent Calendar was adopted without comment or debate.
The Council unanimously granted the following licenses:
$500 for Substance Abuse Prevention Task Force
Beth Paris spoke to the Council as the Coordinator of the Middletown Substance Abuse Prevention Task Force seeking financial support to help hire a facilitator for the program. Ms. Paris related a January 29th Parents Forum in which 25 parents discussed the teenage problem of marijuana and the parents not knowing what to do about it. Ms. Paris recounted the success of Portsmouth’s Family Support Group and asked the Council for financial help to establish such a support group in Middletown. The cost for an entire year is estimated as $3000 whereas $500 would allow the program to be established and operate until June. Ms. Paris explained that other funding is being reduced, especially noting the 8% reduction in the Governor’s proposed budget for next year. Councilman Vaillancourt moved and the Council unanimously approved a $500 contribution to be taken from the President’s Discretionary Fund.
Council Applies for $250,000 Grant
The Council unanimously approved an annual application for a Small Cities Community Development Block Grant with the following project priorities:
Attorney J. Lynch presented the Council a revised list of sixteen conditions and restrictions to be included with the zoning change to OBA. As these conditions were discussed and slightly amended, the question was raised as to the largest size building that could fit on the property. Resident Frank Freitas indicated that a 10,000 sq. ft. building would be possible. Rather than having such a large facility as a neighbor, Mr. Freitas said he would “rather take his chances with a car lot and (the outcome of) the existing lawsuit.” A considerable discussion occurred as to the size of the potential building and how it might be limited with a suggestion made for a maximum limitation of 5000 sq. ft. Attorney Lynch indicated that he would need to discuss this limitation with his client and the hearing was again continued to the May 3rd Council meeting. Councilman Allen recused himself on this issue.
Editor’s Note: As each council member sought to speak, a loss of decorum and cordiality occurred. Councilwoman Roarke and Councilwoman Santos began to speak simultaneously but Councilwoman Santos quickly yielded expecting to be next in the discussion cycle. Councilwoman Roarke explained her position (against the zoning change) and as Councilwoman Santos then began to speak, Councilman Vaillancourt interrupted. Councilwoman Roarke was quite annoyed and admonished Councilman Vaillancourt that he needed “to get permission from the President to speak.” President Flynn then interjected that “I lose control of these meetings all the time.”
The Planning Board has developed a proposed zoning amendment to allow for a type of development known as senior independent living. This type of development is similar to townhouse development but would require at least one resident to be 55 years or older. In exchange for the expected result of a lesser impact on town services, the ordinance would allow a 25%-30% greater density of development. Four residents spoke questioning the benefit that the Town would receive in exchange for this increase in housing density. Town Planner Ron Wolanski indicated that he has developed amended language that would require the developer to demonstrate that any increased density would have no more impact on town services than a development allowed by-right in the underlying zoning district. Since the Planning Board has not yet seen the revised language, the Council referred the ordinance back to the Planning Board for its approval of the new language. The Council then received the ordinance on its 1st reading and will likely adopt the ordinance at the April 19th meeting provided the Planning Board gives its approval.
The Middletown Historical Society has been deeded a parcel of land (Lot 96A, Plat 114) on Green End Avenue by Mrs. Ray H. Durfee that the Historical Society intends to make into a park. The Society is seeking a permanent tax exemption for this property that is currently taxed at approximately $113 per year. The Council directed the Town Solicitor to prepare the necessary ordinances to provide for this tax exemption. Councilwoman Santos recused herself on this matter.
Gambling Casino Opposition
House Bills #7785 and #7843, if passed, will place on the November ballot a statewide referendum question to allow a West Warwick casino. The Council received a letter from the Newport County Chamber of Commerce in opposition to the casino and to the November referendum. The Council unanimously adopted a resolution opposing expansion of gambling in Rhode Island and asked its State delegation to defeat the legislation authoring the November referendum. Councilman Vaillancourt, however, did note, “It does disturb me a little to take away someone’s right to vote (on an issue).”
Stone Wall at Atlantic Beach Club
The Council received a letter from Peter Kyriakides, owner Atlantic Beach Club, requesting permission to extend the wall at Dunlap Wheeler Park to the end of the town parking area at the expense of the Atlantic Beach Club. Mr. Kyriakides indicated that the same materials and the same stonemason would be used to complete the job as well building a similar wall on the adjacent property. Without a formal vote, the Council appeared to approve the proposed project.
Dunlap Wheeler Park Parking Ordinance – 1st Reading
The first reading of an ordinance to control parking at Dunlap Wheeler Park resulted in considerable discussion. The ordinance as written will limit parking to four consecutive hours between sunrise and 4:00pm to holders of a Middletown beach-parking pass. Councilwoman Roarke wanted the ordinance to be amended to restrict any employee parking. In exasperation over the large amount of time spent on this matter, President Flynn ordered the Solicitor to amend the ordinance with the employee parking restriction. The Council unanimously received the ordinance on its first reading and will likely adopt the ordinance at its next meeting.
Surfing and Swimming at Sachuest Beach
The first reading of an ordinance to change the surfing/swimming regulations at Sachuest Beach was held and generated a considerable amount of discussion. The Beach Manager wanted flexibility to control the areas of the beach designated for surfing to allow swimming at the far west end of the beach and to move the surfing area a little toward the east. Since the west end of Sachuest Beach has always been designated for surfing, there was considerable concern about the loss of surfing there. Beach Manager Bill Seiple explained that he was not intending to eliminate surfing but actually wants to expand the area for surfing but simply move it a couple hundred yards to the east. This would allow swimmers who park their cars in the St. George’s parking lot a place to swim without having to walk 700 yards down the beach. The ordinance was received on its first reading and will likely be adopted at the next meeting.
Beach Contracts Awarded
The Council received a summary of the bids received for three-year Beach Concession contracts and awarded the contracts to the high bidders as follows:
1. Second
Beach Food Concession to Longade, LLC - $25,500
2. Third
Beach Food Concession to Longade, LLC - $1,530
3. Surfboard
Concession to Elemental Surf & Sport - $18,900
4. Windsurfing
Concession to Island Sports - $3,234
5. Kayaking Concession to Island Sports - $2,634
The Beach Equipment Concession
contract was not awarded but instead has been readvertised for bid. This prompted an angry Councilman
Vaillancourt to criticize Finance Director Shawn Brown for this action. Director Brown explained that only one
solicitation for bid had been mailed and the received bid was too low thus
prompting the Town to readvertise. Councilman
Vaillancourt complained that by opening the sole bid and publishing the amount
the bidder (Island Sports) would be handicapped in any future bid since the
competition now knows the amount of his first bid.
Editor’s Note: A rift occurred between Councilman Vaillancourt and Councilman Roderiques regarding the storage containers at third beach as to why they have not been removed as ordered by the Council (see Middletown Newsletter 2-17-04). Councilman Roderiques explained that the beach opening is only a month and a half away and it didn’t make sense to remove the containers only to have them return in a month. Councilman Vaillancourt said that the Council had ordered the containers removal and it is inappropriate for the Beach Subcommittee to overrule a Council decision.
Manny Mello Speaks
Resident Manny Mello addressed the Council and complained about the exhaust fumes in the Public Works Garage and asked why exhaust fans have not been installed although it has been discussed for many months. Councilman Allen directed the Administration to solicit bids for exhaust fan installation. Mr. Mello then addressed the Green End Avenue construction project asking why it has not been completed. A discussion occurred regarding a number of uncompleted projects and the Town’s proclivity to move on to other projects without completing any. It is hoped that good weather in the near future will allow significant construction work to be completed.
Zoning Board Appointments
With Town Clerk Barbara Nash explaining that new applicant Tracy A. Tabor had asked that her application be withdrawn, there remained only three applicants asking to be reappointed to there current positions on the Zoning Board. Resident Ronald Santa spoke on the reappointment of Lucy Lavada to her fourth five-year term suggesting that such reappointments dissuade new residents from applying to Boards and Commission as the Council hangs a shingle that reads “New Applicants Need Not Apply.” Mr. Santa praised Ms. Lavada for her 15 years of volunteer service on the Zoning Board and suggested that she could serve the Town on another Board; however, perhaps the First Alternate or Second Alternate should be promoted to the full Zoning Board in her place. In the end the Council unanimously reappointed each member to the following positions:
· Lucy Lavada - regular board member five-year term
· Peter VanSteeden – 1st Alternate one-year term
· Edward Silveira – 2nd Alternate one-year term
Juvenile Hearing Board
With no other applicants, the Council unanimously reappointed the following members to a three-year term on the Juvenile Hearing Board:
· Barbara Barrow
· Francis Forgue
· Richard Morgera, M.D.
· Lisa C. Ruth
The Council also accepted the resignation of Michael E. Allen from this board.
Technology Advisory Committee Appointment
The Council unanimously appointed Jairo Rugel to the Technology Advisory Committee.
PUBLIC FORUM SESSION
Two residents addressed the Council during the public forum session:
Richard Jones addressed the issue of stoplights at the Valley Road/Green End Avenue and Aquidneck Road/Green End Avenue intersections suggesting that left turn arrows be installed for eastbound traffic.
Manny Mello addressed the problem of the Wave Avenue pumping station and the overflow dumping of sewer into the ocean. Mr. Mello said that the problem has been going on for too long and needs to be addressed immediately. Mr. Mello said that “we are going to be in hot water” when DEM fines the Town for these sewer discharges and Newport sues the Town for destroying its beach.
The Council then adjourned at 10:10pm and entered Executive Session in order to discuss Personnel (Town Administrator contract).
APRIL 19, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
All council members were in the hall at 7:00pm but only three were seated at the dais. After talking with a reporter, President William Flynn took his seat at 7:04pm and called the meeting to order at 7:06pm. All council members were present.
The nine-item Consent Calendar was adopted without comment or debate. President Flynn recused himself on item numbers six, seven, and nine.
The Middletown High School Junior Class holds a non-alcoholic event at the YMCA following the Junior Prom. Each year the respective classes ask the Town Council for a donation to help defray the cost of the event. When queried as to what amount was given last year, three different answers were received: $100, $200, and $250. In the end the Council unanimously donated “the same amount as last year” to be taken from the President’s Discretionary Fund.
Diane McNamara, speaking on behalf of the MHS Marching Band, asked the Council for funds to help defray the cost of transportation to the Virginia Beach Music Festival. Ms. McNamara explained various activities being used to raise money and two members of the band displayed a hand-made blue and white quilt that was to be auctioned. Councilman Charles Vaillancourt asked if the School Committee was assisting with funds and, receiving a negative reply, then said “it was irritating to me since they (School Committee) are cutting where they get the most press.” The Council unanimously voted to give the band $250 to be taken from the President’s Discretionary Fund.
Rachel Balaban, co-team manager of the Gaudet 5th grade Destination ImagiNation Team, requested Council support to help defray the cost of travel to the global competition in Knoxville, TN. This team, composed of seven girls, won first prize in Rhode Island for its division and has been invited to complete in the Global Competition in May. Ms. Balaban cited the activities being conducted to raise funds and explained that $2500 of the $8000 has already been raised. Councilwoman Suzi Nance moved and the Council unanimously approved a donated of $700 ($100 per child) to be taken from the President’s Discretionary Fund. This amount is the same donated to similar groups (see Middletown Newsletter May 19, 2003).
The Planning Board has developed a proposed zoning amendment to allow for a type of development known as senior independent living. This type of development is similar to townhouse development but would require at least one resident to be 55 years or older. In exchange for the expected result of a lesser impact on town services, the ordinance would allow a 25%-30% greater density of development. Although this proposed zoning ordinance is not site specific, its first and maybe only use will be a 22-acre parcel of land off Forest Avenue. Resident Alice Curran spoke in opposition to the ordinance citing the long history of attempted development of the land as multi-family housing and the rejection of each of these proposals because of the short frontage (50 feet) on Forest Avenue. After Ms. Curran had been speaking for about fifteen minutes, President Flynn asked her “so did you say you were in favor or opposed to the ordinance.” Gail Greenwood, Middletown First, spoke in opposition to the ordinance as did residents Art Benner, Morris Hirsch, and Antone Viveiros. After questioning Finance Director Shawn Brown about the cost per student ($10,000) and the expected taxes for a $300,000 unit ($4500), Councilman Vaillancourt made the following observation: The existing zoning would allow 39 units to be built with an average of 1.5 children per household for a net loss of $409,500 (taxes=$175,500, student cost=$585,00). The proposed ordinance would allow 58 units to be built with no children needing to be educated thereby producing a net gain of $261,000 in taxes to the town. From these numbers Councilman Vaillancourt concludes that the increase benefit to the Town outweighs the negative of increased density. Councilman Paul Roderiques noted, “the biggest benefit is to the developers.” Since the proposed ordinance required only one of the residents to be over 55 years of age, Councilwoman Suzi Nance suggested that many of these units might house children thereby negating any educational cost savings the Town might expect. Councilwoman Nance then proposed an amendment, unanimously adopted by the Council, to restrict all tenants of these developments to be 55 years or older. The amended ordinance was adopted on a 4-3 vote with Roarke, Roderiques, and Santos opposed.
Town Software Replacement Approved
The Administration was seeking Council approval to purchase replacement software for Assessment and Collections in the amount of $215,332. Town Administrator Gerry Kempen explained that the new software would improve taxpayer services and reduce employee workloads. Finance Director Brown explained that the $200K projected savings would occur through increased efficiencies and an increase in tax collection rates (raising the collection rate by .5% generates $150,000 in additional revenue). Administrator Kempen explained that most of the money needed for purchase had been set aside previously; however, some money is being transferred from other accounts. The process of selecting MUNIS, Inc. as the supplier of the software was described as a review by an IT Team composed of Town Department heads and a subsequent review and approval by the IT Committee. This latter remark prompted Morris Hirsch to speak and explain that he had resigned as the Chairman of the IT Committee a month ago and his committee had never reviewed or commented on this software. Library Director Robert Balliot then spoke as ex-officio member of the IT Committee and indicated that the IT Committee had met and reviewed the software (Editor’s Note: obviously this meeting occurred after Mr. Hirsch’s resignation). The MUNIS company has been in business for over twenty years and specializes in Municipal government software providing software to six other Rhode Island communities including the City of Warwick. Councilwoman M. Theresa Santos interjected that “it is about time we get some software that we can trust” and the Council unanimously authorized the Administration to proceed.
Editor’s Note: Town Administrator Gerry Kempen announced that IT Director Katie Fly had resigned.
Budget Transfers Approved
The Council unanimously approved budget transfers within the General Fund including funds for the replacement software noted above. The Council also unanimously approved budget transfers within the restricted portion of the School budget
Dunlap Wheeler Park Parking Ordinance – 2nd Reading
The Council unanimously adopted the parking ordinance for Dunlap Wheeler Park on its second reading. The ordinance will limit parking to four consecutive hours between sunrise and 4:00pm to holders of a Middletown beach-parking pass. The Council unanimously amended the ordinance to allow parking to all descendants of Dunlap and Wheeler.
Taxes and Sewer Charges Cancelled
The Council unanimously approved the cancellation of certain taxes and sewer maintenance charges. This is a common practice for erroneously charged items or items deemed to be uncollectable.
Sewer Construction Borrowing Approved
The Council unanimously authorized the borrowing of $2,500,000 from the Rhode Island Clean Water Finance Agency for various sewer projects. This money is part of the $3M Sewer Bond referendum approved by the voters in the last election. The projects to be completed with this money are:
· Chase Estates $1,481,000
· Coddington Manor $1,106,000
· Wave Avenue Pump Station $900,000
· Smythe Street $272,000
Resident Manny Mello, noting the absence of Birchwood Manor from the list, asked if Birchwood Manor is still intended to be part of the $3M sewer bond and received the reply “Yes, at this time.”
Town Solicitor Vernon Gorton presented the Council proposed enabling legislation and a Council resolution to allow tax exemption status for Lot 96A, Plat 114 for the Middletown Historical Society. The Council unanimously approved the resolution and endorsed the tax exemption. Councilwoman Santos recused herself on this matter.
Town to Buy Used Truck
Administrator Kempen explained that two pick-up trucks are needed to support beach operations but the Town has only one since the other had been sold as surplus property (excessive rot and a blown transmission). Noting that a new vehicle is not needed, Administrator Kempen suggested the Council authorize up to $5000 for the purchase of a used four-wheel drive pick-up. The Council unanimously authorized the purchase.
Third Beach Construction
Councilman Paul Roderiques raised the issue of the
ongoing construction at Third Beach and the impact it may have on the opening
of the beach and the use of the boat ramp.
Councilman Roderiques said that the large hole requires thirty barges of
fill and the construction manager told him that the construction would not be
completed by May 15th. The
construction manager indicated that it would take 2-3 weeks to complete after
the fill material arrives. Apparently
Fish and Wildlife have hindered the construction by delaying the approval of a
permit. Councilwoman Karen Roarke was
concerned that the boaters will not be able to use the moorings at Third Beach
since the construction barge is using the mooring space. No definitive action was taken at this time
but hope remains that the beach season at Third Beach will begin on May 15th.
Manny Mello Speaks
Resident Manny Mello addressed the Council with his concerns about various sewer projects and their completion dates. Councilman Bruce Allen asked Mr. Mello if he had talked with the Town employees on these matters to which Mr. Mello replied, “I don’t get any answers from the Town employees.” Mr. Mello said “we have major problems in this Town” and complained that “everything is consultants and consultants but nothing is getting done.” President Flynn suggested that Mr. Mello be appointed to the Roads & Utilities Committee but Mr. Mello declined the offer stating that he would rather remain a public watchdog. President Flynn then informed Mr. Mello that he would hold a meeting with Mr. Mello and the Town employees.
PUBLIC FORUM SESSION
One resident addressed the Council during the public forum session:
Ronald Santa, removing a hat that read “Reporter” and putting on a hat that read “Taxpayer”, approached the podium while President Flynn said that the action (wearing of hats) was “predictable.” Mr. Santa stated that he hoped that his visual aides helped the Council to understand his dual role and that he need not physically wear the hats again. Mr. Santa explained that when he was at the podium he was speaking as a resident and taxpayer and when he was at the table he was acting in his capacity as a reporter.
Editors Comment: My action of wearing two hats at this Council meeting was a direct result of the confrontation that occurred at the last Council meeting. When I attempted to speak at the podium at the last Council meeting, some Council members sarcastically asked the Town Solicitor if reporters were allowed to address the Council. Before the Solicitor could respond, I interjected that I wore two hats (one a reporter and one a taxpayer) and I was speaking now as a taxpayer. Some council members could not understand this concept so I elected to demonstrate this procedure with the use of the visual aides at this latest meeting. Hopefully the issue is now fully understood by the Council and Ron Santa (the reporter) will continue his work while Ron Santa (the taxpayer) will be listened to by this Council.
The Council then adjourned at 10:14pm and entered Executive Session in order to discuss collective bargaining (Police & Fire contracts).
MAY 3, 2004 MIDDLETOWN TOWN
COUNCIL MEETING
Disclaimer: I did not
attend this meeting in person. 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 at the west-side podium where the microphone
appeared to be not working; consequently this report may at times be
incomplete.
All council members were present.
Gertrude’s Galley Licenses Modified
Attorney Michael Miller presented the petition of Gertrude’s Galley to increase its hours of operation until midnight (currently 11pm) and to allow musical entertainment both inside and outside. President William Flynn apparently did not hear Attorney Miller’s first question, prompting Mr. Miller to state; “Now I appreciate that you were never listening to me.” Editor’s Note: Mr. Miller had been the Town Solicitor during many years when President Flynn had been a council member.
Gertrude’s Galley desires the additional hour of operation to satisfy its late night patrons who have been asking for food after 11pm. As for the musical entertainment, Attorney Miller stated that it would be “Portuguese Blues” and played a 20 second sample of the music. Jeffrey Burgess, owner Sea Whale Motel, objected to any entertainment held outside since it would interfere with his patron’s serenity. A nearby resident spoke in favor of the petition and supported the owner of Gertrude’s Galley. While Attorney Miller proposed a sundown limit on the outside entertainment, President Flynn stated he was not in favor of any more outside entertainment licenses in the down. Editor’s Note: only one outside entertainment license exists in the Town and that is for the Atlantic Beach Club
With Councilman Bruce Allen’s microphone apparently being shutoff, his motions were not decipherable to this reporter; however, it appears that the petition for additional operating hours and an indoor entertainment license were unanimously granted by the Council – outdoor entertainment license was not proposed nor granted.
Big Dawg Saloon Liquor License Transferred
With President Flynn recusing himself on this matter, Councilman Allen conducted this portion of the meeting and was heard since he apparently turned on his microphone. The sale of Big Dawg’s Saloon/Scotty & Brian’s Restaurant and Pub to Lacey, Inc. dba Easton’s Point Pub and Restaurant necessitated the transfer of the liquor license to the new owner. Since the new owner will be operating the establishing in essentially the same manner, the Council unanimously granted the transfer of the license.
One item on the Consent Calendar received additional comment and scrutiny. Councilwoman M. Theresa Santos inquired whether the state grant of $57,200 for Paradise Valley Park would require any Town matching funds and received an affirmative reply.
The following license were unanimously approved:
Madeline Nugent told the Council that an evening celebration would be held on May 6th in front of Cappuccino and Foot Fitness with 15 churches involved. Since the permission of the owner had been received, the Council was not required to take any action.
Cheryl Boergesson, on behalf if the Middletown High School Class of 2004, asked the Council for a $500 contribution to defray the cost of a Senior post-prom party. The Council unanimously donated $200 as it had given the Junior Class post-prom party with the funds to be taken from the President’s Discretionary Fund.
The Newport Rugby Football Club will be hosting a number of major rugby events at the Fort Adams fields this summer and sought financial assistance from the Town Council. The request was made by letter and no one was in attendance from the Football Club. While expressing the fact that “we support it (Rugby Club)”, the Council offered no monetary donations.
Penny Billington spoke to the Council asking for a Council resolution in support of a House Resolution proclaiming April as “Host Home Recruitment Drive Month” in the State of Rhode Island. The Council unanimously offered its support and the Clerk will draft a resolution to that effect.
The open meeting was once again reconvened and Attorney J. Lynch presented the Council with an update that his client was seeking a 6000 sq. ft. minimum size for the structure to be built. Resident Frank Freitas indicated that he would oppose the rezoning for any structure greater than 4000 sq. ft. as it would destroy the character of the neighborhood. Councilman Charles Vaillancourt asked if there had been any dialogue with the neighbors and received a negative reply from Attorney Lynch. Stating “there had not been a meeting of the minds and that no consensus had been reached”, Councilman Vaillancourt suggested that the petitioner be allowed to “withdraw without prejudice” which was unanimously agreed. The Council suggested to the petitioner and to the abutters that if some agreement can be reached this matter can be brought back to the Council. Until such time as that may happen, this matter remains in the court system.
Extension of No Parking for Tuckerman Avenue
The owners of a new house at 385 Tuckerman Avenue petitioned the Council to extend the parking ban southward to include their property. With Councilwoman Karen Roarke suggesting that the parking issue in the Easton Point area should be discussed as a whole rather than piecemeal in various sections, the Solicitor was tasked with drafting an ordinance to extend the parking ban southward to 385 Tuckerman Avenue.
After Middletown has expended $40,000 for engineering design work on an upgrade to the Green End Avenue/Valley Road intersection, the state apparently is reneging on its deal with the Town (see Middletown Newsletter March 1,2004.) Instead of accepting the engineering study and approving the construction with the expense to be paid by the state, DOT now wants the Town to prepare a more detailed engineering study after which the state will “review” the plan and “recommend” that the work be done. The Council in unanimity voiced its disapproval and declared that it was “discouraged” with the state’s action. Councilman Paul Roderiques declared “we are right back where we started, we are going in circles, and we are wasting money.” Councilman Bruce Allen stated “we have done more than they have asked and we are now getting a little cranky.” A meeting will be arranged with DOT, the Town Council, and Middletown’s State Representatives to discuss this issue.
Director O'Loughlin and Engineer Hall then continued with their presentation on other Public Works projects. Manny Mello then stated that “the Roads and Utilities Committee has no concept of what is going on” and that “Hall and O’Loughlin are going on their own without going to the Committee.” Mr. Mello began to criticize these two employees and President Flynn ended the discussion with an admonition that “I don’t want you talking about personnel.”
The Council unanimously approved the rather routine matter of canceling taxes of certain taxpayers deemed to be uncollectable. Resident Art Benner questioned the Hugo Key cancellations; however, since Finance Director Shawn Brown responded at the west-side podium, this reporter did not hear the explanation
Homestead Exemption in the Works
A proposal for establishing a homestead exemption for owner-occupied residential property appeared on the docket at the behest of President Flynn. Councilman Allen requested that Director Brown be tasked with generating the numbers to show the ramification on taxes and tax rates of the proposed exemption. Town Solicitor Vernon Gorton was tasked with drafting a proposed ordinance and enabling legislation to begin the process of establishing such a homestead exemption.
Surfing and Swimming at Sachuest Beach
An ordinance to change the surfing/swimming regulations at Sachuest Beach was adopted on its second reading. The ordinance will allow the Beach Manager flexibility to control the areas of the beach designated for surfing to allow swimming at the far west end of the beach and to move the surfing area a little toward the east on busy beach days.
Third Beach Construction
Beach Manager Bill Seiple related his recent observations at Third Beach. Mr. Seiple says that no work is being done at the parking lot and the parking lot remains a giant hole in the ground. All the work and truckloads of fill is being dumped on the “mountain” at the old landfill. Mr. Seiple suggests that if the work is to continue on the “mountain” before addressing the parking lot, we will not be able to open the beach. President Flynn said “we have to keep their feet to the fire” indicating that he will attend the progress meeting on Thursday.
Councilwoman Roarke Resigns From Beach Commission
The Council received a report from the Beach Commission that (1) recommends a temporary freeze to the Kite Sailing ban and (2) recommends a change of the Beach Commission membership to a citizen commission rather than a Council subcommittee. The first issue received no discussion but the latter issue prompted considerable debate. Councilwoman Roarke proposed that a citizen’s committee report might be better received by the Council rather than the entire Council having to review the work of a subcommittee. As Councilwoman Roarke was explaining her position, a number of other council members were talking among themselves prompting Councilwoman Roarke to state, “I don’t know why I’m talking since nobody is listening. Councilwoman Suzi Nance and Councilman Vaillancourt expressed the opinion that the composition of the Beach Commission shouldn’t be changed during the beach season and this decision should be left to the next Council. Councilwoman Roarke then stated, “If it is the Council’s pleasure to keep it (Beach Commission) as it is, then I must resign (from the Beach Commission).” President Flynn then said “Okay, great” and proceeded to the next agenda item.
Editor’s Comment: Later in this meeting Councilwoman Nance attempted to nominate Councilwoman Santos to replace Councilwoman Roarke on the Beach Commission; however, President Flynn would have nothing to do with that suggestion indicating that the issue will be on the next meeting’s docket. Obviously the powers that be on the Town Council see an opportunity to wrest back power from the Beach Commission and the replacement must be seriously considered before action is taken. For a small view into the tension between the Council and the Beach Commission see Middletown Newsletter 2/18/2003.
Regionalization of Tax Assessor
Councilman Allen began the discussion with an analogy stating that “not too many people are walking around with slide rules today and the reason is that technology has superceded the reason for the basic slide rule.”
So has the office of the tax assessor been overtaken by technology and therefore money can be saved by regionalizing the three island community tax assessors, Councilman Allen asserts. Portsmouth and Newport will be contacted to investigate whether these communities are interested in combining resources to save money.
Information Technology Department Changed
With the resignation of IT Director Kathy Fly, Administrator Kempen has decided to reorganize the department in an attempt to save money. Rather than three people in the IT Department it will now be staffed with only two. Administrator Kempen noted that each Town Department would now be responsible for updating and maintaining its own software. Administrator Kempen also announced that the Town’s web page is being redesigned. Resident Denis Turano spoke and complained that he had offered his 20 years of experience as an IT consultant as a volunteer on the IT Committee but had never had a response from the Town. Mr. Turano also stated that the Town has wasted millions of dollars in its previous IT efforts. President Flynn urged him to fill out an application to join the IT Committee and Mr. Turano indicated that he would do so.
Appointments
The Council unanimously made the following appointments:
· William A. Fink – IT Committee
· William Coogan – Open Space and Fields Committee
Chase Estates Sanitary Sewer and Storm Drain Contract Approved
A resolution to award a $1,425,720 contract to the low bidder was before the Council to construct sanitary sewer and storm drain in the Chase Estates neighborhood generated considerable discussion. Resident Art Benner was concerned that the original estimate for sewer work was only $300K yet the contract for the sewer work alone is $822K to $1M. Mr. Benner was concerned that expending this much money would take away money from higher priority jobs, indicating that the Chase Estates job was “just a nicety” and not a high priority. Councilwoman Nance questioned the references of the low bidder and this reporter again did not hear Director Brown’s reply since he used the west-end podium.
After inquiring about “slip lines”, Councilman Roderiques stated “let us not get into another Turner Road situation where we replace sewer lines that we need not have.” Echoing Mr. Benner’s sentiments that the Administration is not using the knowledge and experience of the Road & Utilities Commission, Councilman Roderiques stated “there needs to be more harmony between the (Public Works) Department and the Roads & Utilities Commission.” Councilman Vaillancourt stated “an advisory committee shouldn’t micromanage a Department” and President Flynn added, “the Roads & Utilities Commission does not run the Town.”
Resident Manny Mello then approached the Council dais, yelling at them and waving pictures in his hand all of which could not be heard on the televised proceedings. President Flynn declared “Where is the Town Sergeant when I need him” and Mr. Mello returned to his seat. Later in the discourse Mr. Mello yelled something from his seat and President Flynn admonished him that “you are out of order.”
Stating that “Turner Road was a previous Administration” and acknowledging that “this (Chase Estates contract) is the first big contract since Turner Road”, President Flynn suggested that “if it takes a little longer, let’s take the time.” The Council then took a very quick vote that appeared to be unanimous. It was unclear to this reporter whether the Council had voted to approve the contract or had rather voted to continue the matter to the next meeting.
PUBLIC FORUM SESSION
Two residents addressed the Council during the public forum session:
Bob Heebner, First Beach Estates, explained the failing septic system at his location and the DEM requirement to connect to the nearest Town sewer line. The nearest sewer line is 800 feet up the hill to the Boulevard and his association is making plans to make that connection. Mr. Heebner is petitioning the Council to exempt the association from having to pay the Town impact fee. This matter will be placed on the next Council docket for consideration.
Art Benner congratulated the Library Director Robert Balliot for the Library’s web site, which lists Town meetings, dates, and times. Up to 300 meetings can be listed on this web site.
The Council then adjourned, 3 hours and 6 minutes after beginning, and entered Executive Session in order to discuss collective bargaining (Fire contract).
MAY 17,2004 MIDDLETOWN TOWN
COUNCIL MEETING
All council members were present at 7:00pm except President William Flynn who arrived at 7:03pm. The meeting was called to order at 7:05pm.
Gun Club Ordinance
Noting the large number of people in attendance because of the proposed gun club ordinance and regulations, President Flynn announced that the Council was only going to receive the ordinance tonight but not allow any discussion. Instead the Council set June 2 as the date and 7:00pm as the time for a special meeting to hear discussion on this ordinance. President Flynn apologized to all those who came this evening but stated that the issue “deserves a separate night for itself.” The gun club ordinance will therefore receive its first reading on June 2, it second reading on June 7, and will likely be adopted on June 7. The standing-room-only crowd immediately dispersed leaving the traditional number of Town Council attendees.
The six-item Consent Calendar was adopted without comment or debate.
The following Sunday Selling licenses were unanimously approved:
Councilwoman Suzi Nance questioned the ownership of Island Carpet and Flooring indicating that the previous carpet store at that location had closed while leaving a lot of unpaid bills. Councilwoman Nance relented after receiving assurances that this dealership is new ownership and that there are no tax liens against this company.
Homestead Exemption Ordinance
Councilman Bruce Allen introduced an ordinance to provide a homestead exemption for all owner occupied residents. As proposed the exemption would be a sliding scale based upon the number of years the owner had occupied their homes in Middletown:
· 1-10 year ownership would receive $25,000 exemption
· 10-20 year ownership would receive $50,000 exemption
· 20-30 year ownership would receive $75,000 exemption
· More than 30 year ownership would receive $100,000 exemption
These exemptions would be in addition to any other exemption the homeowner qualified for; e.g., senior citizen exemption, war veteran exemption, Gold Star exemption, etc.
“While the homestead exemption might be unique to Middletown,” Councilman Allen said, “it is not unique to other areas of the country.” One resident urged caution declaring that this is a “slippery slope” which would “require discipline by future Councils” to avoid problems such as occurred in Cranston and Providence. Resident Antone Viveiros, while indicating that he was not opposed to the ordinance, urged the Council to place the issue on the November ballot for citizen approval.
The Council received the ordinance on its first reading and instructed Town Administrator Gerry Kempen to provide accurate numbers of the impact of this ordinance upon the tax rate, tax base, and revenues to the Town.
Extension of No Parking for Tuckerman Avenue
Attorney Michael Miller, representing the owners of a new house at 385 Tuckerman Avenue, petitioned the Council to extend the parking ban southward to include their property. Resident Bill Seiple, speaking as a fisherman, urged the Council to reject this ordinance because a “right of way with no parking is useless” prompting President Flynn to state that “parking is not part of a right of way.” President Flynn noted that “the Town has been diligent in maintaining all right-of-ways”, however, “homeowners should be able to enjoy the front of their house.” Resident Morris Hirsch stated that parking regulations are a matter of public safety and simply because a resident does not want parking in the front of their house is not a good reason for a parking ban. Councilwoman Karen Roarke objected to the proposal to extend the no parking ban because “all of Easton Point should be treated the same.” Councilwoman Nance suggested that anyone could come before the Council and ask for a no parking ban in front of their property as these residents had. The no parking ordinance was approved on a 5-2 vote with Councilwoman Roarke and Councilman Paul Roderiques opposed.
Councilwoman Karen Roarke then suggested that Town Solicitor Vernon Gorton be directed to draft a no parking ban ordinance that would cover all of Easton Point rather than piece-meal sections. Solicitor Gorton indicated he would do so; however, the recommendation of the Police Department should also be obtained.
Slate Hill Farm Survey Results
In January the Council tasked Administrator Kempen to conduct a survey of the Slate Hill Farm residents to determine the amount of support for installation of sewer and water in the neighborhood (see Middletown Newsletter January 20, 2004). The result of that survey were presented to the Council indicating that 12 residents approved and 22 disapproved – actually responses are continuing to arrive and the up-to-the-minute tally indicate 15 approvals and 29 disapprovals. The survey responses indicated a geographical divide with a significant majority residing in the upper portion of Slate Hill Farm opposed and a significant majority in the lower portion of Slate Hill Farm in support of the construction.
Resident Stephen Lepley questioned the process used in obtaining this survey indicating that a previous survey conducted a few years ago had indicated overwhelming support for the sewer construction. Mr. Lepley related that previous Town Administrator Michael Embury had indicated, “Slate Hill Farm was a ticking time bomb.” Resident Bob Silva, indicating a hesitancy to speak on a personal issue because he might act as a “lightning rod”, said that this was “not a popularity contest” but instead was a “public health issue” and urged the Council to place a sewer and water construction bond referendum on the November ballot. Three other Slate Hill Farm residents spoke in support of the construction and urged the Council to make a decision. They explained that the “sticker shock” and “water as half the bill” had prompted the negative survey. Referring to the education slogan “no child left behind”, resident Carl Salvo stated that he didn’t “want to be a resident left behind.”
The Council directed Administrator Kempen to prepare bond referenda (sewer, water, road) for submission to the General Assembly for approval to be placed on the November ballot.
REAP Agreement Renewed
Middletown has been part of a consortium of 32 cities/towns known as the Rhode Island Energy Aggregation Program (REAP) organized under the RI League of Cities & Towns that has purchased electricity and other energy at the lowest possible prices. A new supplier of energy has been found and Middletown must renew its Membership Participation Agreement to participate. The Council unanimously approved the resolution authorizing the Finance Director to sign the contract.
Smythe Street Sewer Contract
Appearing before the Council was a contract award for sewer construction on Smythe Street with a recommendation by the Town Engineer and Public Works Director to award the $214,792.25 contract to the low bidder, East Coast Construction. Councilman Paul Roderiques stated that East Coast Construction had done a “very, very unsatisfactory job” for the Town on a project in front of his house. Councilman Roderiques is having “a hard time understanding why we recommend a bid to somebody who didn’t do a good job in the Town.” Resident Art Benner, speaking for Manny Mello who was absent, stated that East Coast hasn’t fixed the manhole problem on West Main Road. Public Works Director Tom O'Loughlin indicated that East Coast Construction had done a good job on the West Main Road Emergency Sewer work and had repaired the West Main Road manhole. With President Flynn stating that “I’m with Paul in not selecting the low bidder”, the Council unanimously rejected the low bidder and instead unanimously awarded the contract to the only other bidder, Mello Construction in the amount of $238,727.60. Councilman Charles Vaillancourt recused himself on this issue and Councilman Bruce Allen was out of the room at the time of the vote.
Sewer Impact Fee Exemption Denied
Bob Heebner, First Beach Estates, explained the failing septic system abutting Green End Pond and the DEM requirement to connect to the nearest Town sewer line. The nearest sewer line is 800 feet up the hill to the Boulevard and his association is making plans to make that connection. Mr. Heebner is petitioned the Council to exempt the association from having to pay the Town impact fee. The Council rejected the petition with President Flynn stating “our intent is not to waive impact fees for anybody. Sorry.”
Paul Roderick Speaks
Indicating that it had been five months since last he pestered the Town officials with comments and complaints about Turner Road, Paul Roderick inquired as to the latest tests conducted by the Town and an expected date for completion. Administrator Kempen indicated that the early results of the testing indicate that the road base is fine and the problem may be a result of insufficient asphalt during the paving process. Test results should be finalized by June 1 and construction should commence soon afterward. Mr. Roderick inquired as to the condition of the side of the road indicating that spring is nearly over and grass planting would be wasted in the summertime. Administrator Kempen said that rather than waste money on two plantings (one this spring before final construction and one after construction), the Town will fix the side of the road and plant grass this fall after all paving has been completed. President Flynn added that “we are trying to do it slow and trying to do it right.” This comment did not appear to appease Mr. Roderick or the other Turner Road residents who have been living with this terrible road construction process for nearly two years.
Utility Pole Move Approved on Aquidneck Drive
With the recommendation of the Roads & Utilities Committee, the Council approved the Narragansett Electric petition to move a utility pole on Aquidneck Drive. The vote was not unanimous, however, as Councilman Charles Vaillancourt quietly voiced a negative vote.
Third Beach Parking Lot
Apparently the work at Third Beach is nearing completion, and the parking area is being restored to nearly twice its original size. However, the federal government plans on only putting asphalt on the original area leaving the new section composed of “dense-packed aggregate”. The Council must decide if it wants to spend money to asphalt the new section of additional parking. Administrator Kempen will obtain a bid price for this paving work.
Beach Fees
Resident Rian Wilkinson wrote and spoke to the Council expressing his concerns on the proposed new beach fee schedule, particularly concerning the increase weekend fees to $20 for only the month of July, suggesting instead that any fee increase should be uniform throughout the beach season. The Council then discussed the beach fees as a first reading of an ordinance that was an addendum to the Council docket (Editor’s Note: since this ordinance was an addendum and not part of the original docket, a copy was not included in the packet of Middletown Newsletter information and I can only comment on the verbal exchange that occurred.)
During the discussion of fees, Councilwoman Nance interrupted Councilman Vaillancourt prompting Councilman Vaillancourt to shout, “Can I finish?” Whatever the proposed fee structure contained in the proposed ordinance, an amendment was introduced by Councilwoman Nance, which would produce:
· Daily car fees unchanged at $10
· Weekend/Holiday fees $20 for all months
· Daily motorcycle fees $10
· Resident motorcycle season pass $25
· Nonresident motorcycle season pass $50
This amendment was rejected on a 4-3 vote with only Roarke, Flynn, and Nance voting in favor. The ordinance, without amendment, was then unanimously received on its first reading and will likely be adopted on the June 2 meeting. Editor’s Note: The ordinance as it currently reads contains a weekend fee schedule of $20 for only the month of July.
Beach Equipment Rental Contract Awarded
The Council unanimously awarded the Beach Equipment Rental Concession to E. S. Marine (sole bidder) for $550 for each of the next three years. Two amendments were unanimously approved:
· No clothing sales are allowed
· Payment to Town shall be one installment annually
Library Construction Project Completed
Library Director Robert Balliot requested and received Council approval to use the remaining $4249 Capital Improvement Project funds to purchase shelving. With this purchase and installation the library renovation will be completed.
Appointments
The Council unanimously made the following appointments:
· Dennis Turano – IT Committee
· Councilwoman M. Theresa Santos – Beach Commission
PUBLIC FORUM SESSION
No residents requested to speak.
The Council adjourned at 9:47pm and entered Executive Session in order to discuss collective bargaining (Police and Fire contracts).
FY2005 BYDGET HEARINGS
The public hearings on next year’s Town Budgets (School, Town, Sewer, and Parks & Recreation) will be held:
· 1st Public Hearing – 7pm, May 24, 2004
2nd Public Hearing – 7pm, June 2, 2004
MAY 24, 2004 BUDGET PUBLIC
HEARING #1
After Councilman Charles Vaillancourt arrived, President William Flynn called the meeting to order at 7:09pm. Councilwoman Suzi Nance was absent at this time but arrived at 7:19pm.
The Town Council chambers were not quite filled as approximately 75 residents were in attendance.
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 process used to arrive at this point indicating that numerous workshop meetings had been held including four or five with the School Department. The budget as it is currently proposed would:
Town Administrator Gerry Kempen spoke thanking each Department Head for realistic budget submissions. School Committee Chairwoman Lee Fenton described resource-sharing programs that have saved costs. Each Department Head was introduced.
The first public hearing began on the combined Town and School Budget. Fourteen residents spoke with one being granted a second opportunity. Unlike last year where nearly every resident spoke against the budget as being too high, a near balance occurred this year with a number speaking in support of the School budget and urging the Town Council to not cut this budget further. At 8:40pm with no other residents desiring to speak, the Council closed the hearing, received the budget on its first reading, and recessed for a five-minute break. EDITOR’S NOTE: A detailed account of these hearings can be found at the end of this summary.
At 8:48pm the Council reconvened and proceeded with the public hearing on the Sewer budget. The Council chambers were nearly empty with only a handful of residents remaining for the rest of the evening. One resident 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. No resident offered any comment on this budget and the Council closed the hearing and received the budget on its first reading.
The second public hearing on these three budgets will be held in the Town Hall on Tuesday, June 2 at 7:00pm at which any resident will be allowed to speak, including those resident who spoke at the first public hearing.
Before adjourning for the evening, the Council entertained one agenda item for official action, namely the second reading of a beach fee ordinance. With Councilman Vaillancourt indicating that he would oppose all beach fee increases, Councilwoman Karen Roarke introduced an amendment to separately vote on each proposed fee increase. On a vote of 4-3 (Flynn, Vaillancourt, and Roderiques opposed) the Weekend/Holiday Daily fee was increased from $15 to $20. On a unanimous vote the proposed resident season pass increase was defeated. Since the resident season pass fee was not increased, the non-resident season pass could not be increased and therefore a vote was not needed nor taken. Councilwoman Roarke then proposed an increase in the motorcycle daily pass fee but was rejected on a 4-3 vote with only Roarke, Nance, and Allen voting in the affirmative.
The Council then adjourned at 9:08pm.
Administrator Kempen explained that the budget increases during the course of last year are a result of the new procedure of showing special account transaction in the general fund whereas previously these were off-line budget transactions.
School Superintendent Rosemary Kraeger explained that the kindergarten enrollment numbers were a reflection of the change from December to September eligibility date and next year the kindergarten enrollment numbers will revert to normal. As for Blue Cross, the School is “making every effort of forming a trust to get better prices”, she said, “but largely Blue Cross is the only game in town.”
Superintendent Kraeger stated that the School was not asking for a construction bond referendum this year.
Superintendent Kraeger said that Middletown is 14th in the state on per pupil cost basis and is 30th in Special Education costs.
Administrator Kempen explained that Library Director Robert Balliot has volunteered to redesign the Town’s web page at no additional cost to the Town.
President Flynn took the opportunity to announce that the Town will be seeking a Sewer Construction Bond Referendum at this November election.
No residents spoke.
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.
JUNE 1, 2004 BUDGET PUBLIC
HEARING #2
Although a quorum was present at 7:00pm and Councilman Charles Vaillancourt arrived at 7:03pm, President William Flynn did not call the meeting to order until 7:06pm. Councilwoman Suzi Nance was absent at this time but arrived at 8:15pm.
Attendance at this meeting was approximately the same as last week’s budget hearing; however, the composition of the approximately 75 attendees was decidedly different.
President Flynn began by reiterating the facts and figures contained within the proposed budget and Town Administrator Gerry Kempen introduced each Department Head.
The first public hearing began on the combined Town and School Budget. Twenty-two attendees, a few were non-residents, spoke with one being granted a second opportunity. Clearly the word had been spread among the teachers since many of those who spoke identified themselves as teachers, including one who was being laid off. The majority of speakers were against the cuts in the School budget; however, there was the smattering of taxpayers who asked the Town Council to make further cuts and “keep the taxes down.” At 8:38pm with no other residents desiring to speak, the Council closed the hearing, received the budget on its second reading, and recessed for a five-minute break. EDITOR’S NOTE: A detailed account of these hearings can be found at the end of this summary.
At 8:57pm the Council reconvened and proceeded with the public hearing on the Sewer budget. The Council chambers were nearly empty as only seven residents remaining for the rest of the evening. One resident did speak on the Sewer budget but simply commented on small number of people remaining. The Council then closed the hearing, received the budget on its second reading, and proceeded to the last public hearing for the Parks & Recreation budget. No resident offered any comment on this budget and the Council closed the hearing and received the budget on its second reading.
The Council then discussed what action was to be taken. It was decided to hold a Council workshop where the final budget manipulations would be offered and voted upon by each council member. The date for this workshop would be Monday, June 14 unless a council member had a conflict in which case the workshop would be Tuesday, June 15. The starting time for either date would be 6:30pm. After the final modifications are made to the budget, the Council will likely adopt the budget at its regular June 21 meeting.
This meeting appeared to be over and Councilman Charles Vaillancourt got up from the dais and left. However it was a few minutes later when President Flynn officially adjourned the meeting at 9:04pm.
1. Linda Sullivan, identifying herself as an active parent and vice-president of the PTG, asked the Council to support the school budget since six teacher jobs at Kennedy School are in jeopardy. Ms. Sullivan said, “the only reason we left Newport to move to Middletown was its great schools and its great teachers.”
2. Lisa Pritchett, identifying herself as a substitute teacher hoping to get a full-time job, asked the Council to support the school budget and said that she was willing to pay taxes for quality education.
3. Elizabeth Bozyan, citing Rhode Island as having the fourth highest property taxes in the nation, said that we “cannot have property tax increases every year.” She reminded the Council that it had listened to the taxpayers last year and had made some cuts but promised that there would be no tax increases this year. She urged the Council to find additional cuts to eliminate the need for a 3.5% tax increase.
4. Elizabeth Ivy, identifying herself as a taxpayer, senior citizen, and school nurse, criticized the cuts requiring the elimination of three guidance counselors in the school system. She said “our kids need the help of guidance counselors and will be in trouble if you take away a guidance counselor from each elementary school.”
5. Adriana Trevino, identifying herself as a teacher and a parent, opposed the cuts in the foreign language department. She said that although a foreign language is not needed to graduate from Middletown High School, it is required for college entrance. She said, “she didn’t want to see my child’s options limited.”
6. Rosemary Davidson, identifying herself as an elementary school guidance counselor, described her job and the problems that the children have which “run the gamut”. She asked the Council to support the school budget.
7. Laurie (last name not discernable), identifying herself as a teacher, asked the Council to fully fund the school budget and said “we cannot afford more cuts.” She then described the condition of our textbooks citing publication dates in the early 1990’s and urged the Council to “not let our children down.”
8. Art Benner, referring to specific pages of the school budget, calculated the cost per student at $12,871 and teacher salary increases, after cutbacks have been included, as 5.7% increase per teacher. He said that for the last ten to fifteen years sacrificing has been on the backs of the taxpayers and now “sacrifice must begin with the teachers.”
9. Gloria Oliveira, identifying herself as a resident of Newport, indicated that she was one teacher in jeopardy of losing her job. She said that she had to borrow money from her parents to pay her rent in explanation to the fact that teachers “do not make a lot of money.”
10. Lee Oliveira, identifying himself as a Middletown teacher and a resident of Barrington, said that Middletown teachers do have co-pay and that their salaries are about in the middle of the state. As head of the foreign language department, Mr. Oliveira was worried that Japanese language might have to be cut this year and said “I will be turning away your children from taking language (this year).”
11. Toni (last name not discernable) asked the Council to “support this budget, support our teachers, and support our schools.”
12. Janice McCarthy, identifying herself as a guidance counselor, asked the Council to support this budget to “think of the importance of what we have built in our community.”
13. Michael Demarco said we had a large tax increase last
year and asked rhetorically “now we need another increase?” He concluded with “hold the line on taxes.”
14. Don Hampton questioned the 96.5% collection rate and
encouraged the Town to be more aggressive in its tax collections.
15. Manny Mello, urging us not to continually blame the
teachers, indicated that the school department does waste a lot of money.
16. Mason Hawes, identifying himself as a teacher for 28 years,
defended Middletown’s expenses citing the “quality of life is improving all
over this Town.” He said his property
is worth far more today than when he bought it. He said that Middletown is one of the few communities that
doesn’t have an auditorium in its school system and urged that the
Student/Pupil ratio be kept low “else the quality of education will diminish.”
17. Stephen Arendt congratulated the Town in its budget
presentation as the best documentation he has ever seen. He said that he did not envy the Council’s
decision since they face a “first class challenge” and a dilemma between a
“clear conscience and clamoring voices.”
He, however, urged against level funding since there are many items out
of our control, citing health benefits as an example.
18. Ron Santa, addressing page one of the school department
budget, identified the $500,000 difference between the school’s request and the
town’s offer as the difference between the school request of a 5.5% increase
and the town’s desire of holding the increase to 3.5%. He further identified the school’s 5.5%
request as necessitated by the increases in teacher’s salaries and
benefits. Not to simply single out
teachers, Mr. Santa said the same pressure on increases exists for all Town
employees and said that the time to fix this problem is during contract
negotiations where Town employees must be compelled to make sacrifices. Trying to cure the problem now during the
budget hearings when all Town employees have contracts which lock in large salary
and benefit increases is an impossible task.
Mr. Santa criticized the Town Council and School Committee for their
previous actions during contract negotiations and now wished them “good luck”
in passing a budget and holding taxes down.
19. Del Martin asked the rhetorical question “when do we hold
the line?” He said that teachers have
been getting raises in each of the last 6-8 years while people in the private
sector have been getting no increases.
He asked the teachers to give up some of their raises and benefits.
20. Patricia Flynn, identifying herself as one of Middletown’s
laid-off teachers, said that she appeared to “put a face on the (budget)
cuts.” She urged the Council to “think
carefully and work hard to do the best thing for your town” and implored them
“to look at the high ticket item – benefit dollars.”
President Flynn indicated that
the Town was entering an agreement with eight other communities to obtain
health benefit packages as a group to save money. This will not be available for this budget but will probably be
available next year.
21. Gladys Silveira, identifying herself as a senior citizen
and a teacher, said, “we want our schools to be the best. Our children are most important. Our children are our future, they will take
care of us when we are in Nursing Homes.”
No residents spoke.
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.
JUNE 21, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
Preceding the regular Town Council meeting was a special meeting to adopt the budgets for next year (School, Town, Sewer, and Parks & Recreation.) The special meeting ended at 7:15pm with President William Flynn explaining that the budgets as passed would require a 3.5% increase in the tax rate, which is the “lowest percentage increase in years.” The Council then proceeded to the agenda of the regular meeting. All council members were present.
Councilwoman Karen Roarke asked that one item of the consent calendar be discussed. Referring to a DEM approval of a significant alteration to a wetland, Councilwoman Roarke noted the specific condition that all live trees and shrubs over six feet tall must not be cut and asked how this will be monitored and enforced. Without much certainty it was stated that the Building Inspector would monitor this provision; however since this particular approved application was for the Town itself, it was unlikely that the provision would be violated.
CIM Recipients Honored
Middletown High School is one of only three high schools in the state that offers a CIM program whereby high-achieving students must complete advanced academic studies and conduct a special project. Twenty students of Middletown High School completed the CIM program and were honored by the Town Council with a citation and Town Tile as well as a Senate citation presented by Senator Gibbs. These students were:
|
Brandon Dugan |
41 Squantum Drive |
Class of 2004 |
|
Meghan LaParle |
578 East Main Road |
Class of 2004 |
|
Chrissy Medeiros |
242 Long Highway |
Class of 2004 |
|
Mindy Mercier |
80B Long Highway |
Class of 2004 |
|
Kandus Scott |
109A Niagra Street |
Class of 2004 |
|
Teresa Sears |
208 Rogers Lane |
Class of 2004 |
|
Ashley Seris |
322 Boulevard |
Class of 2004 |
|
John Slaby |
130 Reservoir Road |
Class of 2004 |
|
Nina Borge |
391 Aquidneck Avenue |
Class of 2005 |
|
Lindsey Curran |
78 Constitution Avenue |
Class of 2005 |
|
Alison Dutra |
93 Honeyman Avenue |
Class of 2005 |
|
Shawn Gienty |
67 Renfrew Avenue |
Class of 2005 |
|
Georgia Lawrence |
260 Turner Road |
Class of 2005 |
|
Kelley Lynch |
135 Lighthouse View Drive |
Class of 2005 |
|
Allisha Nichois |
113B Niagra Street |
Class of 2005 |
|
Katie Perry |
62 Swan Drive |
Class of 2005 |
|
Rebecca Shaull |
75 Goldenrod Drive |
Class of 2005 |
|
Kaitlyn Valente |
100 Island Drive |
Class of 2005 |
|
Lauren Hensley |
24 Jib Court |
Class of 2006 |
|
Megan Larcom |
8 Columbia Court |
Class of 2006 |
Motorcycle Fair Approved
The Council unanimously approved a one-day amusement license for the Rhode Island Motorcycle Association to hold a fair on September 26 at 105 Chases Lane during the hours of 11:00am-5:00pm. About 500 attendees are expected. The license was granted subject to Police Department and Fire Department approval.
Building Inspector Re-inspection Fee Ordinance Adopted
With an amendment to include the word “substantial” and a clarification of what the definition of “substantial” was, the Council unanimously adopted an ordinance on its second reading that will allow the Building Inspector to charge a fee for any re-inspection where the need for a re-inspection was caused by the contractor’s failure to complete the work on time.
Salt Dome Construction Increased Costs
The $95,000 fine imposed upon the Town of Middletown by DEM has been reduced in half with only $10,000 now having to be paid to DEM and the remaining portion of the fine can be used for cleaning of the Maidford River. Councilman Paul Roderiques questioned the need for a heated wash rack structure versus an unheated structure. Resident Manny Mello questioned why the structure needs a bathroom. President Flynn, explaining how we have gotten to this stage, said “DEM is picking on us, especially with the new violation at Wave Avenue.” Editor’s Note: apparently the Town has received a recent violation notice from DEM pertaining to the Wave Avenue sewer pumping station. Rather than risk antagonizing DEM further, the Council unanimously approved the increased spending for the construction of the salt dome and the heated, enclosed wash rack; however, the Administration was told to return to the Council for final approval.
The Council received a report from the engineering firm outlining the scope of work and projected cost for the Green End Avenue/Valley Road intersection improvement project. Councilman Roderiques questioned the section titled “work not included” and inquired whether these additional areas would require further expenditures from the Town. President Flynn responded that he expects that the final cost to Middletown would be more than the anticipated $60,000. In the end the Council took no action but decided to hold a special meeting to discuss this project, date not yet established.
Beach Equipment Rental Contract Rejected
At the May 17, 2004 meeting the Council had awarded a Beach Equipment Rental Concession to E. S. Marine (sole bidder) for $550 for each of the next three years; however, the Council had placed some restrictions upon the contract. E. S. Marine recently informed the Town that the restrictions were not acceptable and is “disinclined” to accept the contract. Rather than making any concessions or readvertising the contract, the Council simply dropped the matter and took no further action.
Turner Road Sewer and Water Assessments Corrected
Finance Director Shawn Brown submitted a correction to the Turner Road sewer construction and water line installation assessments approved by the Council at the last meeting. Director Brown indicated that the Gaudet School frontage had not been included in the calculations and the new submission corrects that error. Resident Ronald Santa spoke indicating that there were other errors and omissions in the calculations suggesting that the Council would need to amend the assessments yet again. Mr. Santa said he was very upset and annoyed that this item was on the Council docket since he had been attempting to discuss these assessment numbers with the Administration to resolve all the discrepancies and suddenly only one of the errors appears before the Council. President Flynn then suggested that he would hold a meeting with Mr. Santa and the Administration to resolve these inconsistencies. Town Solicitor Vernon Gorton explained that the correction for the school property was needed before July 1st so as to be valid for next year’s tax bill. This prompted Mr. Santa to inquire whether July 1st was a deadline for all changes, if so, he would speak now at the Council meeting to iron out all difficulties with the assessments. Receiving an official indication from Solicitor Gorton that the Council could make additional changes after July 1st, Mr. Santa relinquished the podium and sat down to await his meeting with President Flynn and the Administration. Editor’s Note: Paul Roderick was also invited to attend the meeting with the Administration.
Governmental Health Trust of Rhode Island
The Council unanimously approved a contract for Middletown to join the Governmental Health Trust of Rhode Island (GHTRI) that is a collaborative of Cities/Town dedicated to obtaining health insurance for employees at reduced costs. It is estimated that Middletown will save $440,000 in health insurance premiums over the course of the next four years. The School Department has also approved joining the GHTRI.
The Council received a Police Department report from Lieutenant William Kelly indicating the parking restrictions and signs for all streets in the Easton Point area. Councilwoman Karen Roarke had requested such a survey in preparation to producing a comprehensive ordinance for parking in the area. Councilwoman Roarke now asked that the survey be extended to the area north of Purgatory Road and that a Public Workshop be held to discuss this matter. August 2nd was later decided to be the date for a Public Workshop to discuss this parking issue.
Referencing the tragic accident of the eight-year-old on a motorized scooter with an automobile, Councilwoman M. Theresa Santos wanted attention brought to the increased occurrences of these motorized scooters on our public roads and what should be done about it. Everyone agreed that another ordinance would not help the situation and the solution involved more police enforcement. The current policy employed by the Police Department is to confiscate the scooters when observed upon the public roadways and return the scooter and child to the parents.
Based upon the recommendation of the Roads & Utilities Committee, the Council unanimously approved the relocation of a utility pole fifteen feet to the south on Paradise Avenue.
Rian Wilkinson, Chairman Beach Commission, informed the Council of a 5-0 vote of the Beach Commission to amend the Kite-Surfing ban on a one summer trial basis to be reevaluated this fall. The new policy would be to allow kite surfing after 6pm (normal beach closing) or anytime when the beach manager deems it will not conflict with swimming. The Council unanimously approved the Beach Commission’s recommendation. When Councilwoman Roarke inquired whether an ordinance was required to accomplish this, President Flynn indicated that none was needed since it was only a trial basis. Editor’s Note: without adopting a new ordinance as suggested by Councilwoman Roarke, the Town is now left in the position of allowing Kite-Surfing at the beaches while having an ordinance on the books which bans that action.
Resident Manny Mello again warned the Council of problems with our sewer system indicating that the bond issue for the Wave Avenue pumping station will not solve our problems. President Flynn took the opportunity to again address the recent DEM violation indicating that it was a “slap in the face to Middletown.” Mr. Mello said that our major problem with the sewer system is I&I (Inflow and Infiltration) but “nobody is listening.”
Appointment
The Council unanimously appointed Stanley L. Ehrlich to the Library Board of Trustees.
Resignation
The Council received the resignation of Patricia Straka from the IT Committee and ordered a letter of thanks be sent for her service.
Summer Council Meeting Schedule
As has been the custom in recent years, the Council decided to reduce the monthly meetings from two to one during the months of July and August. The Council meetings during those two months will be held as follows: July 19 and August 16
PUBLIC FORUM SESSION
One person requested to speak.
Leslie Saunders complained of the increased fees for the Summer Recreation Program indicating that only 13 children had applied this year. She indicated that something must be done to save this program. Councilman Roderiques stated that the Council should take another look at this program and the fee increases imposed.
The Council adjourned at 8:45pm.
JULY 19, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
With a quorum present and seated at 7:00pm, President William Flynn delayed the opening of the meeting until all council members were present. Councilwoman Karen Roarke and Councilman Bruce Allen arrived at 7:10pm. Councilwoman Suzi Nance arrived at 7:05pm. The meeting was called to order at 7:05pm. All council members were present.
One item on the consent calendar received additional scrutiny as Councilman Charles Vaillancourt inquired as to the compliance of Newport Creamery with new sewer regulations regarding grease traps. Town Administrator Gerry Kempen replied that compliance is not in effect at this time; however, the Council could approve the Victualling House license renewal subject to the condition that the sewer regulations be met. The Council unanimously approved the license subject to that condition.
Pennies for Playgrounds
Two members of the Forest Avenue Parent Teacher Group appeared to ask permission to place donation jars in the Town buildings (Town Hall, library, police station, etc.). The monies collected will be used for playground equipment at the Town’s elementary schools. Although no formal vote was taken, it was obvious that the Council deemed the project a worthwhile endeavor and by implication granted approval to install the “Pennies for Playgrounds” jars.
Commendation for Kevin O’Connor
President Flynn read a proclamation and presented a Town tile to Kevin O’Connor recognizing him as being named New England Area Coach of the Year by the National Basketball Association and the Women’s National Basketball Association. Mr. O’Connor had been selected as one of only thirty of the best youth league coaches chosen from nearly fifty thousand Jr. NBA and Jr. WNBA coaches in the United States and abroad. Mr. O’ Connor is a Middletown resident but coaches in the Newport Recreational Department. Editor’s Note: although this item was number one on the agenda, it had to be delayed until Mr. O’Connor arrived after performing coaching duties.
Licenses Approved
The Council unanimously approved the following licenses:
· Drain Layer’s License – Richmond Excavating, West Greenwich
· Amusement License – Norman Bird Sanctuary for Bird Ball on August 21
· Amusement License – Booth Caterer for Regee Band and DJ on August 22 at Kempenaar Clambake Club
Rezoning
Advertised
The Council ordered advertised for public hearing the rezoning of certain property on Valley Road from residential (R-10A) to Office Business (OBA). The property is designated Lots 89 & 90 on Plate 107SE located on the west side of Valley Road between East Main Road and Chestnut Hill Road. Once properly advertised with notice to abutters this matter will come before the Council for a Public Hearing and decision.
Attorney Joseph Palumbo, representing Roberto and Mary Guerenabarrena, petitioned the Council to abandon a paper street/way running from Draper Avenue to Wolcott Avenue. At the questioning of Councilman Vaillancourt, Town Solicitor Vernon Gorton indicated that this abandonment procedure was not required since the Town had never accepted the road. Attorney Palumbo then asked for a continuance while he discussed this aspect with the Title Insurance Agency in Chicago; however, the Council simply voted against advertising the issue for a hearing. Councilwoman Roarke offered an amendment to continue this matter but President Flynn ignored this amendment.
Attorney Joseph Palumbo, citing various state laws, asked the Council to reconsider its 4-3 vote declining to adopt an ordinance to regulate shooting ranges or galleries (Newport Gun Club). Since no one on the majority side of the previous vote wished to reconsider the matter, the matter prompting died and the Council proceeded to the rest of the agenda.
The Council received on its first reading an ordinance to increase sticker fees for the refuse collection station, raising the non-senior fee from $40 to $60 and the senior fee from $15 to $25. Councilwoman M. Theresa Santos objected to the increase fee for seniors while Councilman Paul Roderiques objected to both increases. Administrator Kempen explained that these increase fees were included as projections in the recently approved Town budget. Councilwoman Roarke asked the Administration to provide a cost-base analysis of the impact of not increasing these fees at the next Council meeting where the second reading of this ordinance will occur. The Council will then decide whether or not to increase these fees.
In November 2002 voters approved a $2.5M bond for road and drainage construction and in November 2003 voters approved a $2.5M bond for sewer construction/repair. While the voters had approved this borrowing in these preceding years, no debt had been incurred until last evening when the Council unanimously authorized the Finance Director to proceed to issue Bond Anticipation Notes. Later in the evening the Council approved bond referenda questions for this coming election authorizing an additional $9M debt.
The Council unanimously approved a contract with Rhode Island Resource Recovery for the disposal of solid waste and recycling services. The only notable change from last year’s contract is a new $15 disposal charge for mattresses and box springs. Editor’s Note: this additional charge will be directly passed onto the user in the new ordinance for Refuse Collection Sticker Fees discussed above.
The Council reviewed the bids for the construction of a sidewalk, installation of a fire hydrant, and the installation of a traffic light at Slate Hill Farm. Resident Ronald Santa, while expressing support of Town expenditure for any fire hydrant installation, complained bitterly that the residents of Turner Road were being asked to pay for fire hydrants on their road. Mr. Santa said it was hypocritical of the Town Council, especially singling out President Flynn, to charge Turner Road residents for fire hydrants but having the Town as a whole pay for the Slate Hill Farm fire hydrant. Peter Gallipeau, developer of Island Drive, took the opportunity to press the Town’s acceptance of the Island Drive development, asking how the Town expects to tie the fire hydrant of Slate Hill Farm into the water line of Island Drive without the Island Drive development being accepted? Manny Mello complained of the “waste” in previous road construction bond money and indicated that the Town was “not getting its monies worth and hoped that voters don’t approve (November’s) bonds.” Mr. Mello also stated that the Town paid for the fire hydrant on Wabasso Terrace and will have to pay for the fire hydrants in Kesson Farm since the developer has gone bankrupt. The Administrator declared that the water installation at Kesson Farm will be financed from the remaining funds in the Performance Bond for that
development and additional work at Kesson Farm will either not be done or another source of financing will have to be obtained.
Councilwoman Roarke inquired as to the traffic signal light listed on the contract. Town Engineer Warren Hall explained that it has been decided not to install this device (the decision being made after contract bids were solicited). Councilwoman Roarke asked if the contract price would be reduced by the amount of the non-needed traffic device but received no reply. The Council unanimously voted to approve the contract at the entire bid price. Councilwoman Roarke’s attempt to amend the contract to reduce the price per the traffic signal device was ignored by President Flynn.
Upon the recommendation of Fire Chief Stephen Martin, the Council unanimously awarded a $13,409.33 contract for the purchase of a marine rescue trailer to the low bidder, Croft Trailer of Valley Park MO. Funding for this purchase will come from the Federal Homeland Security Grant.
Stating that it is the “Town’s fault in letting this happen (unfinished work at Kesson Farm development)”, Councilman Roderiques, said, “we should get the work done and finished.” Councilwoman Roarke then made a motion to expend all the remaining money from the performance bond as well as additional Capital Improvement Program funds to complete the proposed word. This motion was approved unanimously. The proposed work will not completely finish the Kesson Farm Development but will consist of installing a water line, adjusting catch basins, installing a guardrail and retaining wall, and miscellaneous grading. The $69,545.63 contract for this work was awarded to low bidder, Mello Construction of Middletown.
The original specifications for this work also included an installation of a waterline at Dunlap Wheeler Park with funding also coming from the Capital Improvement Program. Councilwoman Santos suggested that monies should come from the beach fund rather than CIP and a discussion ensued regarding the monies collected by fund-raising. In the end the Council took no action on the water installation project at the Park at this time.
The Council unanimously approved a five-year extension to the contract with Waste Management of Rhode Island for the operation of the Refuse Collection Station. Finance Director Shawn Brown estimated that an $83,000 savings to the Town would occur over the next six years. Councilwoman Roarke took the opportunity to remind the Public that increased recycling by the citizens would save the Town even more money.
The Council unanimously approved the rather routine cancellation of sewer maintenance fee of $1285.68 for Joseph & Petra Perry. The reason cited was “erroneous information provided.”
After many years of discussion, an impact fee ordinance was finally brought before the Council for its first reading and eventual adoption. This ordinance will allow the Town to charge a fee for any new construction to cover the cost of increased Town services needed to support the new development. Estimates of the impact of new construction on Town services approximate $10,000 per residence. Councilman Vaillancourt stated that an immediate imposition of the entire cost would be too onerous and suggested that 75% of the estimated cost would be a more tolerable impact fee. Councilwoman Santos suggested that 50% would be a better initial fee. Resident Beth Ward asked if a “generational heritage exemption” to the impact fee could be included for families who have lived in the Town for generations. Resident Suzanne Santa supported Beth Ward’s suggestion and stated that Ms. Ward’s family has donated so much to the Town. Resident Peter Gallipeau, objecting to the impact fees, said, “Don’t pee on my head and tell me that it is holy water.” Attorney/resident Robert Silva questioned the impact of these impact fees on the community and stated, “Wow, I hope members of this Council understand the scope and breath of this ordinance.” During Mr. Silva’s presentation he said, “What’s the bitch,” to which Councilwoman Roarke took great offense and objected to that language asking President Flynn to gavel Mr. Silva out of order. A heated exchange resulted between Attorney Silva and Councilwoman Roarke before decorum was reestablished. Resident Morris Hirsch suggested that impact fees on large developments seemed wise, however, impact fees on individual houses did not need to be addressed. Councilwoman Santos agreed with Mr. Hirsch and noted the increase burden the impact fee would place on an individual homeowner’s mortgage. Paul Bundy, a new landowner in Middletown and prospective resident, wondered “where a lot of the money goes in this Town” and stated “a lot of good money seems to be going after bad, Kesson Farm being a good example.” The Council unanimously received the ordinance on its first reading and might adopt the ordinance, with or without amendments, at the next Council meeting.
The first reading of an ordinance to revised building height restrictions was conducted. Attorney Robert Silva and resident Payson Fugitt argued that the new restrictions would promote the greater use of flat roofs rather than the pitch roofs as desired. The ordinance was unanimously received and will likely be adopted, with or without amendments, at the next Council meeting.
The first reading of a revision to the free stand sign ordinance was received. Attorney Robert Silva urged passage of the ordinance indicating that he has been a proponent of the increased dimensions for a long time. Mr. Silva noted that a sign for the Town Hall was finally the impetus for the ordinance revision. Councilman Vaillancourt commented that since Mr. Silva agrees with the ordinance revision, perhaps the Council should reconsider the proposal. This ordinance will likely be adopted on its second reading at the next Council meeting.
A revision to the drainage ordinance was received on its first reading. The revision simply corrects some housekeeping language and changes the reference to a 25-year frequency storm rather than the current reference of a 10-year frequency storm. This ordinance will likely be adopted on its second reading at the next Council meeting.
The Council unanimously approved the submission of bond referenda questions for the November election in the following amounts:
State law requires the electronic filing of meeting notices and minutes with the Secretary of State’s office. A proposal to contract with CompBase, Inc. of Pawtucket for $2500 to provide this service was submitted by Town Clerk Barbara Nash. However, Library Director Robert Balliot has volunteer to be named the Open Government Filing Coordinator. Mr. Balliot, along with the Secretary of State’s Office, will train the Chairman/Secretary of each of the nineteen Town Boards/Commissions as to how to submit the required electronic filings. Thanks to Mr. Balliot’s efforts the Town will save the $2500 expense for the outside contractor.
Councilman Vaillancourt raised the concern of traffic congestion at the East Main Road Dunkin Donut since the Drive-In window line backs out into East Main Road. Councilman Vaillancourt suggested that this congestion was the result of a change in operation at the Drive-In where large orders are now processed resulting in longer lines. The Administrator was tasked to discuss this concern with the owner to resolve the situation and to report back to the Council at the next meeting.
The former “Navy Beach” parking lot until now had been officially designated a residents-only parking lot. In an effort to accommodate a non-resident with “a medical issue”, Councilman Vaillancourt asked the Administration if a policy change of allowing some non-residents to use this parking area. Administrator Kempen will address this policy and probably change the restriction at the parking lot to allow one lane of non-resident parking spaces.
The Council received a letter from Newport City Manager James Smith indicating that the Newport City Council is interested in exploring the idea of a regional water utility for Aquidneck Island. The Middletown Town Council directed Administrator Kempen to contact Portsmouth concerning its preferences on this matter and report back to the Council.
Although Antone Viveiros had requested to address the Council, he was not yet in attendance when the agenda item had been reached. Bill O’Connell instead spoke a few words on his behalf and submitted a copy of Mr. Viveiros’s written speech to the Council. President Flynn had admonished Mr. O’Connell not to read Mr. Viveiros’s speech in its entirety since it was “a political speech.” The topic of Mr. Viveiros’s speech as indicated on the docket was “securing the rights and government of the people.”
Paul Roderick first requested an update and status of the Turner Road project. Administrator Kempen stated that engineering work had been completed, bid specifications are being prepared, residents will be notified, and work will commence sometime in the near future. When queried as to what work, Administrator Kempen explained that the southerly portion will have the binder coat entirely removed, 12” of new base material will be installed, and a new binder coat reapplied. The northerly portion of the road will have sections of binder removed and replaced. The side of the road on the northerly portion will be cleaned and landscaped soon. Mr. Roderick then asked who is responsible for the foul up on this project and who will be held responsible, receiving no reply to either question.
Suzanne Santa inquired as to the dowsing operation she had observed recently on the roadway and asked if this was a new consultant hired for the project. Councilman Roderiques explained that the dowsing procedure was used to locate any submerged storm drainage units that were unaccounted for that might have been causing a problem with the drainage system. It was not stated whether the dowsing operation was donated services or whether the Town was paying for this procedure.
Ronald Santa then asked the Council to seek an outside, independent examination by the State Police of this project and potentially other projects. Mr. Santa made this request stating that a number of items had been authorized for payment that had not been installed. He cited the payment for 10 fire hydrants whereas only 9 exist and payment for 8 gate valves whereas only 6 valves were installed and one of these was a replacement. The Council took no action toward requesting an outside investigation.
Appointments
The Council unanimously made the following appointments:
· Richard P. Wallace – Conservation Commission (reappointment)
· Robert Johnson - Conservation Commission
· Stephen Ponte – Open Space and Field Committee
· Harbor Master, or his designee – Beach Commission
PUBLIC FORUM SESSION
One person requested to speak.
Ronald Santa spoke on the matter of corner lot assessment for sewer/water construction projects. State law exempts one side of a corner lot (the shorter side) from being assessed any cost associated with the project installation. Mr. Santa asked, “who should pay for the exempted cost?” President Flynn believes the other residents abutting the project should pay; however, Mr. Santa feels that since the State/Town authorized the exemption, then the Town as a whole should pay for that portion of the installation. Mr. Santa stated that it doesn’t make any since to allow the corner lot resident to avoid paying for pipe installed in front of his house and required his neighbors to pick up the cost. Furthermore, Mr. Santa stated that the four corner lots at the ends of Turner Road (2 at Wyatt Road and 2 at Green End Avenue) are being exempted from the Turner Road project because they are “corner lots”. Yet these four corner lots never paid for water installation on the other sides when water was installed on Wyatt Road and Green End Avenue (those water installation were paid by the town as a whole). Mr. Santa asked how fair was it to exempt these four corner lots from the cost of the Turner Road project and require the other residents of Turner Road to pay for the pipe along these four corner lots? Mr. Santa concluded with the request that the Council, as a whole or individually, indicate publicly whether they agree with the current policy regarding corner lots or whether they agree, as Mr. Santa contends, that the Town as a whole should pay for the portion of the exempted pipe. No council member indicated a response.
The Council adjourned at 10:11pm and entered Executive Session in order to discuss (1) Litigation (RIDEM - Public Works Garage) and (2) Collective Bargaining (Police contract).
AUGUST 16, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
Disclaimer: This reporter spoke as a resident and
taxpayer on a number of issues during this Council meeting. As always, I will attempt to present a fair
and balanced account of what transpired during the entire meeting including
those issues in which I was involved.
At 7:13pm President William Flynn banged the gavel to call the meeting to order and apologized for the late start time explaining that the Council had been in Executive Session since 6:00pm and that meeting had run late. All six council members were present (Mr. Allen having resigned). Editor’s Note: the Executive Session was held to discuss (1) collective bargaining (Fire Contract), (2) litigation (Schwemin), and (3) land acquisition.
Prior to the start of any business, President Flynn introduced Anthony Pesare as the new Police Chief. Many words of praise were expressed among them was the statement that Chief Pesare was the best candidate of the 93 applicants for the position. Chief Pesare thanked everyone involved and stated that “In spite of what you may have heard, everyone involved (with the selection process) has had the best interest of the Town and the Police Department.” Chief Pesare concluded with “I promise you will have the best Police Department.”
Acting as a Board of License Commission, the Council unanimously ordered advertised for public hearing a new BV Alcoholic Beverage License for Scotty’s Big Dog’s Sports Pub, 823 West Main Road. President Flynn recused himself on this matter.
Three items on the consent calendar received additional scrutiny although there was hesitancy to remove one of the items from the Consent Calendar and allow comment on it. After Town Clerk Barbara Nash indicated that it has been common Council practice to remove any item from the Consent Calendar that a citizen wished to address, President Flynn allowed Ronald Santa to address the letter he had submitted to the Council. Editor’s Note: this was the second instance when this Council wanted to deny a citizen from addressing an item on the Consent Calendar (see Middletown Newsletters 11/17/03 & 12/01/03).
1. President Flynn highlighted a letter from Major General John Ricottilli announcing a “Breakfast with the Boss” special ceremony to be held at the Warwick Mall Food Court on Friday, August 20, 2004 at 7:30am. The ceremony is being held to recognize employers for their support of America’s military forces over the past three years.
2. Ronald Santa stated that current Town policy of assessing costs for corner lots during sewer/water construction programs is unfair and, furthermore, the procedure used to calculate the costs to abutters does not follow the guidelines of the ordinance. Mr. Santa suggests that the ordinance exempts the shorter side of a corner lot; however, the current Town policy transfers the cost of these exempted frontages to all the abutting residents, including the corner lot resident. Thus the corner lot resident is charged for a portion of the shorter side, which contradicts the exemption offered by the ordinance. Town Solicitor Vernon Gorton attempted to mitigate Mr. Santa’s comments by stating that State Enabling Legislation is the controlling factor not Town ordinances to which Mr. Santa replied that the Town ordinance uses the exact same language as the State Enabling Legislation. Editor’s Note: Councilman Charles Vaillancourt expressed his disdain for Mr. Santa’s comment by ignoring them and reading some material instead. As Mr. Santa pointed this out, Councilman Vaillancourt dropped the reading material and feigned attention to Mr. Santa’s comments.
3. Mary McGeary also questioned the water assessments for the Turner Road project and specifically asked questions regarding the corner lot assessments. As Town officials answered her questions, Mr. Santa blurted out a “Not true” comment. As Ms. McGeary returned to her seat, Mr. Santa again interjected the comment “I will give you the truth later.” President Flynn scolded Mr. Santa for his outburst and stated, “You should be apologizing to the Town employees.”
Licenses Approved
The Council unanimously approved the following licenses:
· Victualling House License – Pizza Hollywood, 796 Aquidneck Avenue
· Victualling House License – Island Bean Café & Deli, Inc., 567 East Main Road
Rotary Fundraiser
Gunther Hausen requested Council approval for a “Legs ‘N Wheels” fundraiser to be held on May 21, 2005. The event will consist a walk and a bicycle tour. Beginning and ending at Second Beach, the 500-person walk will tour Sachuest Point and approximately the same number of bicycles will peddle the streets in the eastern half of Middletown. While the Council is in favor of this fundraising event, a possible conflict may occur with the Campers Weekend on the proposed. Since there is a significant lead-time on this event, the conflict of the two events will be resolved by the Town Administrator.
Demery Memorial Park
Michele Stern inquired as to the status and progress of the Demery Memorial Park. A proposed site plan was presented although this plan has not yet been approved by the Demery Memorial Park Committee. It includes walking paths through meadows of flowers and short bushes and foliage. The major issue remaining is the location of parking spaces. Mason Hawes indicated that once these plans are approved the Open Space Committee could begin soliciting funds for implementation through grants and other means.
The second reading and adoption of an Impact Fee Ordinance was the most contentious and discussed issue of the evening. Normally the Council allows public comment at only the first reading of an ordinance reserving only council member comments for the second reading and adoption of an ordinance; however, with many residents in attendance and desirous of speaking on the issue, President Flynn allowed public comment at this second reading. The ordinance as originally drafted would allow the Town to charge a fee for any new construction to cover the cost of increased Town services needed to support the new development. Estimates of the impact of new construction on Town services approximate $10,000 per residence. Councilman Charles Vaillancourt proposed two amendments (1) an exemption for one dwelling on any lot existing on December 31, 2003 and (2) application of this impact fee on any State/Federal property transferred to private use. Most of the residents who spoke were opposed to this ordinance even with the inclusion of the amendments. One resident supported the ordinance and one resident actually opposed the exemption. Art Benner expressed the frustration with the comment that “No matter how much money we bring into Town, you (Town Council) over spend it. You are as bad as the sailors going down to Thames Street on payday.” The Council considered various options including reducing the amount of the fees. In the end, Councilman Vaillancourt moved adoption of the ordinance, including the proposed amendments, with a reduction to 75% of the school impact fee while maintaining all other impact fees at 100%. This motion was approved on a 4-2 vote with Councilwoman M. Theresa Santos and Councilman Paul Roderiques opposed. The ordinance as adopted will require a $7400 impact fee on any new construction in the Town, exempting only one dwelling unit on currently existing lots. The Council took a 5-minute recess at 9:28pm to allow the attending residents to depart and the resulting noise to abate. Editor’s Note: this Council or any subsequent Council may review and/or increase these impact fees at any time.
Comprehensive Community Plan Adopted
In April 2003 the Council adopted the latest 5-year update to the Comprehensive Community Plan. Since that time the State has been reviewing the document and the Town Planner, after several iterations, has amended the document to satisfy the State’s concerns. The Council unanimously approved the amendments and corrections to the Comprehensive Community Plan and it is now a finalized product (see next item).
Proposed Comprehensive Community Plan Amendment
The Planning Board has proposed a change in the Comprehensive Community Plan to allow Industrial use of land on Plat 111 Lots 8, 9, 9A,and 10 fronting on the east side of West Main Road (1723-1747). To accomplish this amendment requires the Council to hold a public hearing and to adopt it as an ordinance. With President Flynn recusing himself on this matter, Councilman Vaillancourt suggested that this process might not be completed before the next Council is elected. Rather than having to repeat the entire process with the new Council, it was suggested that the matter be continued until next year.
The petition of Craig Paris to rezone two parcels of land on West Main Road from R-10A to GBA was referred to the Planning Board for its recommendation. The Council did not want to order this matter advertised for public hearing since the process would not likely be completed before the election of the new Council (same rational as above). The land in question is located at 127 West Main Road and identified as Plat 108SW Lots 39 & 40.
The adoption of a Town Employee Discipline Policy was continued until such time as the Town prepares Employee Policies & Procedures. Although the Discipline Policy was “a step in the right direction”, Councilman Roderiques stated, “it was putting the cart before the horse” since Town Administrator Gerry Kempen recognized that there are NO employee policies and standards written and established on a town-wide basis. Administrator Kempen was directed to prepare an employee manual of policies and standards and the discipline policy ordinance was continued until such time as the manual is prepared and distributed to all Town employees. Editor’s Note: apparently a recent incident requiring discipline of an employee revealed the lack of any written policy in this regard.
The second reading of an ordinance to revised building height restrictions was continued to the next Council meeting.
The Council unanimously adopted an ordinance revising the Free Standing Sign provisions on its second reading. The amendment will allow larger signs at Public Buildings and in Open Space Lots. This matter was prompted when it was discovered that a proposed sign for the front of Town Hall was larger than allowed by existing zoning ordinances.
The Council unanimously adopted a revision to the drainage ordinance on its second reading. The revision simply corrects some housekeeping language and changes the reference to a 25-year frequency storm rather than the current reference of a 10-year frequency storm.
The second reading of an ordinance to increase sticker fees for the refuse collection station occurred. The proposed ordinance would raise the non-senior fee from $40 to $60,the senior fee from $15 to $25, and would establish a new $15 fee for the disposal of mattress and box spring. Councilwoman M. Theresa Santos and Councilman Paul Roderiques objected to the increased sticker fees. The ordinance was adopted on a 4-2 vote with Councilman Roderiques and Councilwoman Santos opposed.
The first reading was received of a new ordinance to allow the collection of fees for responding to hazardous materials mitigation incidents. The ordinance will allow reimbursement for the Haz-Mat team as well as other personnel and equipment. The council will likely adopt this ordinance on its second reading at the next meeting.
The first reading was received of an ordinance allowing conditions to be placed on the issuance of a liquor license. These conditions include (1) certificate of compliance from RI Dept. Of Health, (2) certificate of compliance from Building Inspector, (3) certificate of compliance from Fire Department, and (4) certificate of compliance from Public Works. The latter condition being the newly imposed condition that the premises is “in compliance with all design requirements of Stormwater and Wastewater Control ordinances and is current and compliant with all inspection and reporting requirements.” The council will likely adopt this ordinance on its second reading at the next meeting. Editor’s Note: this newly imposed condition on liquor licenses seems to be the Town’s response to the recent flooding conditions on Aquidneck Avenue.
The Council unanimously approved an amendment to the Special Water Construction Assessment for the Turner Road Project as adopted on 6/7/04 and revised on 6/21/04. The latest amendment decreases the total construction cost from $343,026.72 to $321,473.68. Turner Road resident Ronald Santa spoke in opposition claiming that even with the latest amendment the total cost figure is too large and should be reduced further. Mr. Santa said that a year ago, the Town had used a different method of calculation (exempting corner lots and fire hydrants) and told the residents that the total cost of the project was a significantly lower cost. Mr. Santa then accused the Town of using a “Bait and Switch” scheme whereby the Town offered the residents a lower reimbursement figure a year ago and significantly raised that cost when the tax bills were sent out. Mr. Santa stated, “if the Town were a private business, it would be indicted by the Customer Fraud Division for employing such bait and switch techniques.” Councilman Vaillancourt, who had earlier left the dais when Mr. Santa began to speak but had returned in time to hear this comment, objected to Mr. Santa’s characterization and told him “you are dangerously close to crossing that line again.” Mr. Santa inquired as to crossing what line, receiving no response he sat down.
Turner Road Repair Contract Awarded
The Council unanimously awarded a $310,110 contract for the repair of Turner Road to low bidder J. H. Lynch & Sons, Inc. When Councilman Roderiques inquired as to where the money will come from, Administrator Kempen replied “Good question” and Finance Director Shawn Brown indicated either from the Capital Improvement Program fund or the remaining funds in the Roads & Drainage Bond. Director Brown recommended the use of CIP funds. Councilman Roderiques inquired as to the source of gravel base and would the material at the Drive-In property be used. Public Works Director Tom O'Loughlin indicated that the contract was bid for new gravel; however, he would attempt to use the material at the Drive-In for a reduction in cost. Resident Manny Mello interjected that the Town is going to “eat this road” and is going to “eat a number of other roads” in the Town. Resident Art Benner inquired whether the contract included the finish asphalt coating scheduled for next year receiving a negative reply and the statement that the funds for the finish coat was never expended from the original contract and remain intact.
Salt Dome Construction Report
The Council received a report from Public Works Director Tom O'Loughlin detailing the costs of the Washrack for the Salt Dome and explaining the need for a bathroom facility. Although Councilman Roderiques repeated his objection to the cost and need for heating the facility, no further action was taken on this matter. Editor’s Note: construction costs were approved at the 6/21/04 meeting.
Budget Funding Transfers
The following amounts were transferred between various line items of each budget:
· $585,226 – General Fund
· $102,564 – Parks & Recreation Fund
· $192,120 – Sewer Fund
Council Chambers Sound/Recording System
Administrator Kempen sought Council permission to investigate the cost of upgrading/improving the Council meeting recording system suggesting that cable television viewers had asked for a better recording system than the current one-camera system. Although not yet investigating this matter, Administrator Kempen estimates that an upgraded recording system might cost $30,000. Councilman Roderiques objected to the expenditure of tight funds for this “nice but not necessary” function. Resident Morris Hirsch suggested that this project should be referred to the IT Committee for its recommendation and Administrator Kempen beamed at this suggestion.
Utility Pole at Shore Drive
Although the Road & Utilities Committee approved the request of the utility companies to move a pole and install underground cable in the vicinity of Shore Drive, Councilman Vaillancourt requested a continuance on this matter so as to question the utility companies directly.
PUBLIC FORUM SESSION
Two people requested to speak.
Ronald Santa spoke on the matter of fire hydrant assessment for water construction projects. Mr. Santa stated that fire hydrants are a town service and provide a town-wide service and therefore the cost of fire hydrant installations should be borne by the Town as a whole not by the residents who abut the fire hydrants. Mr. Santa cited six reasons to support his claim:
1. National Fire Protection Association (NFPA) and Insurance Service Office (ISA) grade each town as to the level of fire protection afforded – the greater the number of fire hydrants and fire fighting apparatus the better grade a town receive. The better the grade a Town receive the lower insurance rate are charge to all properties in the Town (residential and commercial).
2. Inadequate water supplies inhibit firefighting personnel from saving the destruction of property and nearby properties. As a result the Town tax base will diminish as properties are destroyed by fire. Additional fire hydrants will save these properties and keep them on the Town tax rolls.
3. Ten years ago and more, the Town budget had a line item in the fire department budget for the installation of fire hydrants. The Town believed then that fire hydrants were a Town function. What has changed?
4. The most recent amendment to the Turner Road Water Assessment included the Town’s recognition of paying for four of the nine fire hydrants. The Town does recognize that “some” of the installed fire hydrants on Turner Road benefit other sections of the Town and the Town will pay for these but what of the remaining five hydrants? Two of the fire hydrants that the Town will not pay would be used to fight a fire at Gaudet School. Isn’t the school Town property and aren’t these fire hydrants providing a Town service?
5. The Town has agreed to install a fire hydrant at Slate Hill Farm as part of a settlement deal with the Schwemin’s. Editor’s Note: It was at this point that the Solicitor indicated that the fire hydrant would not be installed since negotiations had broken down as was discussed in the earlier Executive Session. None the less, the Town had offered to install this fire hydrant at the Town’s expense obviously demonstrating that fire hydrants are a Town service
6. The recent garage fire on Honeyman Avenue was fought with water from a fire hydrant. Care to guess which one? Councilwoman Suzi Nance answered, “since you asked, I guess it was Turner Road.” Yes, the fire was fought using the fire hydrant on Turner Road – fire hydrants beings asked to be paid for by Turner Road residents rather than the Town as a whole!
Manny Mello inquired as to the repair of sewer manholes receiving the reply that they had been fixed. Irritated by this response as the same response he had received before when such manholes had been only patched and not fixed, Mr. Mello “put the Council on notice that I have gotten a meeting with DEM.”
The Council adjourned at 11:08pm.
SEPTEMBER 7, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
Although a quorum was present at 7:00pm, President William Flynn waited until 7:04pm to call the meeting to order. Councilwoman Suzi Nance was absent.
The thirteen-item consent calendar was adopted without comment or debate.
Fields Point LNG Facility Presentation
Taylor Caswell, representing KeySpan LNG, made a presentation to the public regarding the company’s proposal to use Fields Point facility in Providence as a liquefied natural gas marine terminal. During the presentation it was noted that Rhode Island is at the end of the two major gas pipelines in the USA – one from Canada and the other from the Gulf of Mexico. Mr. Caswell suggested that the Fields Point location would be an ideal site since a tank already exists and need not be built and no dredging would be needed to accommodate the tankers coming up Narragansett Bay. Representative Bruce Long urged the Council to take a strong position against the proposal stating that a calamity bigger that the Twin Towers is a possibility if a tanker full of LNG were to explode. Representative Long suggested that any LNG storage facility “should be built offshore.” Resident Antone Viveiros was also worried about an explosion stating, “it is not fair to expose the public to this danger. Resident Art Benner argued against the proposal indicating that it would not benefit Aquidneck Island since our pipeline is currently at full capacity and trucks are used to bring gas to the island. President Flynn directed the Clerk to prepare a resolution in support of the Bristol resolution (consent calendar) in opposition to the LNG terminal in Providence.
Status of Information Technology Projects
The Director of the IT Department presented the Council with an overview of current projects and a listing of the percentage completed. Of particular note was the Town web site that is viewable in its transitional state at http://www.middletownri.com/. The volunteer effort being expended to develop the Town web site has saved the Town $25,000.
Councilwoman Karen Roarke and Councilman Charles Vaillancourt discussed the second reading of an ordinance to revised building height restrictions at great length. Councilman Paul Roderiques finally interjected “let’s do something, we have been talking for an hour.” President Flynn then reminded the Council “we only have a few meetings left before this Council goes away (November election).” The Council then unanimously adopted the new definition of “building height” and continued the matter of Section 6.03 changes to the next Council meeting.
On its second reading, the Council unanimously adopted a new ordinance to allow the collection of fees for responding to hazardous materials mitigation incidents. The ordinance will allow reimbursement for the Haz-Mat team as well as other personnel and equipment.
On its second reading, the Council unanimously adopted an ordinance allowing conditions to be placed on the issuance of a liquor license. These conditions include (1) certificate of compliance from RI Dept. Of Health, (2) certificate of compliance from Building Inspector, (3) certificate of compliance from Fire Department, and (4) certificate of compliance from Public Works.
Utility Pole at Shore Drive
Councilman Vaillancourt stated that he had visited the site and suggested that street lighting for the Public Right-of-Way was needed at this location. The Council unanimously approved the utility companies’ request to remove the pole and install underground cable on the condition that a light pole with night sky baffles be erected in its place.
Administrator Report on Shore Drive
Town Administrator Gerry Kempen reported to the Council that a portion of Shore Drive is being encroached upon by a resident. President Flynn directed the Administration to paint white lines indicating the 30-foot road and the right-of-way to the water. A lawyer who had represented this resident in the past happened to be in the audience (not for this matter) and told the Council “all improvements in that area were done with the approval of the Public Works Department.” The Council suggested that the lawyer should talk to his client since the Town is taking this matter of encroachment seriously.
FY04 Fund Balance
The following amounts were not used in FY04 and have been redesignated for use in FY05:
· $25,800 – Improvements to transfer station
· $47,078 – Munis software installation
· $100,000 – School operations
Resident Antone Viveiros complained, “if you had funds left over from last year, it should be used to reduce this year’s taxes.” The explanation offered by President Flynn, Councilwoman Roarke, and Finance Director Shawn Brown was that the money would be used for the same projects, so rather than return the money to surplus and then rebudget the same projects this year, the redesignation of funds procedure was used. Mr. Viveiros was clearly not satisfied with the explanation and stated, “the budgetary process in this Town keeps moving.” President Flynn then stated, “five minutes Tony, your time is up.” The Council unanimously adopted resolution to redesignate the funds for use in this year’s budget.
Impact Fee Ordinance to be Revisited
Karen M. (Desjardins) Lema petitioned the Council for relief from the recently adopted Impact Fee ordinance. She had entered into a Purchase and Sales Agreement in May 2004 for a parcel of land that was subdivided in a December 2003 Planning Board meeting but the deed was not recorded until January 2004. Consequently the August 2004 Impact Fee Ordinance which established a December 31, 2003 timeframe, caught her in an unexpected trap in which she now is required to pay a $6500 impact fee that she had not anticipated when she decided to buy the land and build her modest house. After a considerable discussion in which the Council seemed to sympathize with her plight, a new ordinance was ordered drafted which would change the effective date from December 31, 2003 to August 16, 2004 (ordinance adoption date). The Administration was directed to conduct a study as to the number of developments that this change would effect. Editor’s Note: the Council seems to be concerned with the retroactive imposition of fees as its applies to the Impact Fee ordinance; however, this same Council had no concern nor sympathy for the Turner Road residents for the imposition of retroactive fees for the water line installation!
Acceptance of Town Road Delayed
The Planning Board had presented the Council a recommendation to accept as Town roads and release the performance bonds for the following roadways: Elizabeth Lane, Island Drive, and Paddock Lane. Councilman Paul Roderiques questioned the wisdom of using only the recommendation of Town Engineer Warren Hall to release the performance bonds and suggested that the Roads & Utilities Committee should also be asked for its recommendation. Councilman Roderiques cited the storied history of Middletown taxpayers having to pay to fix various construction projects that had failed after the performance bond had been released, i.e. Kesson Farm. The matter of accepting these roads and releasing the performance bond was continued to allow all residents of the streets and all direct abutters to provide input to the Town.
Executive Sessions Minutes Remain Sealed
At the December 1, 2003 meeting, the council had
established a reasonable procedure for unsealing minutes of Executive Meetings
after the issued had been resolved.
That procedure required that a written request should be sent to the
Town Clerk identifying the meeting in which unsealed minutes are sought. The Clerk will forward the request along
with all minutes (Executive Session and Public Hearings) to the Town Solicitor
for review. If the Solicitor deems that
the issue has been finalized and the release of sealed minutes will not impact
upon the issue, the Solicitor will unseal and release the minutes. Resident Ronald Santa, following the
approved procedure, submitted a request to unseal the minutes dealing with the
litigation in Schwemin v. Town of Middletown.
Town Solicitor Vernon Gorton reviewed the appropriate minutes and deemed
them fit for dissemination; however, rather than giving them to Mr. Santa as
the approved procedure states, Solicitor Gorton referred them to the Town
Council for a vote, suggesting that if the Council did not vote to release the
information it would remain sealed. The
Council received the letter from Solicitor Gorton and took NO VOTE thereby
continuing to keep these minutes secret and hidden from public scrutiny. Editor’s Note: the solicitor said
that a release of these minutes would not be injurious to the Town so the
question becomes why this Council is afraid to let the Public see them?
Appointments
The Council unanimously made the following appointments:
· Paul Michael Barrow – Conservation Commission
· Beverly J. Murphy – Library Board of Trustees
· Edward Wray - Library Board of Trustees
PUBLIC FORUM SESSION
Two people requested to speak, both on the issue of Turner Road:
7. Ronald Santa, “taking a stroll down memory lane”, reminded the Council that some members had felt the inequity of Turner Road residents being the first in the Town to pay for water and these members had suggested that the Town should pay for half the cost. However, these same council members later unanimously voted to increase the cost by 40% to these residents (rather than reducing it by 50%). Mr. Santa said that President Flynn told him that if he did not like the charges and the method of calculation then Mr. Santa should sue the Town. Citing the unfairness of these votes and the unfairness of “corner lot” assessments and reminding this Council that it had promised to be different and refreshing, Mr. Santa said it would be “good riddance come November.” Editor’s Note: Councilman Vaillancourt again demonstrated his arrogance and disdain for public discourse by reading and talking during Mr. Santa’s presentation.
8. Paul Roderick questioned where was the work on Turner Road that was promised five weeks ago, stating that no cleanup had been done of the side of the road. Mr. Roderick then inquired as to the cost to the Town for the Turner Road project, specifically how much Town employee time is being spent? Administrator Kempen responded that this Town, and no municipality that he is aware of, maintains records of hourly work by Town employees on a project-by-project basis and therefore an exact account of Town expenditure on Turner Road cannot be made; however, he added, “we are spending a lot of money on Turner Road.”
The Council adjourned at 10:00pm and moved into Executive Session to discuss collective bargaining (Town Hall contract.) This particular Executive Session may not be legal, however, since President Flynn did not read the proscribed notice of Executive Session.
Editor’s Note: The Newport Daily News and the Providence Journal chose not to print a Letter to the Editor that I had submitted regarding the Town Council Meeting of August 16, 2004. Since I feel the issue is important, I have decided to include it on this web site. You may read this Letter to the Editor by returning to the home page and selecting Editorial or by clicking the following address: http://www.middletown-newsletter.com/middletown_newsletter_003.htm
SEPTEMBER 20, 2004
MIDDLETOWN TOWN COUNCIL MEETING
President William Flynn called the meeting to order at precisely 7:00pm. Councilwoman Karen Roarke was absent at roll call but arrived 16 minutes later.
There was no consent calendar on this docket.
Liquor License Transfer Advertised
A public hearing was unanimously ordered advertised to transfer a Class BV Alcoholic Beverage License from Over Flo’s Retro Deli at 44 Wave Avenue to Rusty’s for use at the same premises.
Liquor License Granted
With President Flynn recusing himself on this matter, Councilman Charles Vaillancourt presided over the public hearing for a Class BV Alcoholic Beverage License for Scotty’s Big Dawg’s Sport Pub, 823 West Main Road. This was one of the strangest liquor license hearings ever conducted in that the proprietor, ex-councilman Scott McLeish, represented himself without an attorney and after a 2-2 deadlock vote the matter was continued to latter in the evening. Mr. McLeish was directed to discuss the issue with the abutters who were in attendance and arrive at some sort of compromise. The hearing began, not with the petitioner presenting his case as is customary, but instead Councilman Vaillancourt asked for comments from the audience. The first to speak was the nearest abutter at 2B Woolsey Road who said her windows were 30 feet from the establishment and she was justifiably concerned about noise. Ed Potts, 2A Woolsey Road, also was concerned about noise citing the 12:00am trash removal noise from nearby Dunkin Donut. Next spoke the owner of Scooby's Neighborhood Grill, 10 Maple Avenue, who reminded Mr. McLeish that he voted for an 11:00pm closing for her establishment when he was a councilman because her establishment abutted a residential neighborhood. Mr. McLeish then spoke stating that he had a track record of 35 years in the business and for the last seven years at Big Dawg’s there had been only one noise complaint. As to the comment made by the owner of Scooby’s, Mr. McLeish said, “I don’t know if I have to defend my voting record as councilman.” Councilwoman M. Theresa Santos moved and Councilwoman Suzi Nance seconded a motion to grant the license with an 11:00pm closing time. This motion failed on a deadlock 2-2 vote as Councilwoman Roarke abstained because she had arrived late and did not hear all the testimony. After further discussion occurred with Mr. McLeish asking for a 1:00am closing, Councilman Paul Roderiques offered a motion to grant the license; however, no second was received and it was obviously that a 1:00am closing would not obtain the necessary votes. The matter was tabled until later in the evening and Mr. McLeish was directed to talk with the neighbors to seek a compromise solution. Near the end of the Council meeting, Mr. McLeish returned and stated that “we seemed to have come to a compromise” although he was clearly not happy. The Council unanimously approved the license with the agreed upon closing times of 11:00pm Sunday-Thursday and 12:00am Friday and Saturday. When Councilwoman Santos suggested that Scooby’s might return to the Council to get the same deal, Mr. McLeish stated “I didn’t get much of a deal.”
Norman Bird Sanctuary Harvest Fair
The council unanimously approved an entertainment license for the Norman Bird Sanctuary to conduct its annual Harvest Fair on October 2 & 3.
Zoning Issues Continued
The rezoning hearing for Valley Road property from R10A to OBA was continued until after the election of a new council. The second reading of the building height revision ordinance was continued to the October 18th meeting. Both these issues require Planning Board recommendations which will not be forth coming until the October 13th Planning Board meeting.
Elizabeth Lane Accepted as Town Road
The issue of accepting Elizabeth Lane as a Town road had been continued from the previous meeting to allow all residents of the streets and all direct abutters to provide input to the Town. Councilman Roderiques questioned the wisdom of accepting this road since only one house currently exists and five or six lots remain to be built upon. Manny Mello urged the Council not to accept this road since the heavy equipment usage on future construction on the vacant lots will damage the road. Councilwoman Roarke asked, “how do we know we don’t have another Turner Road?” In the end, the Council unanimously released the performance bond and accepted the roadway as a Town road.
Island Farm Subdivision
The issue of accepting Island Drive and Paddock Lane as Town roads had been continued from the previous meeting to allow all residents of the streets and all direct abutters to provide input to the Town. Richard Adams, President of Island Farm Homeowners Association, appeared and stated that homeowners don’t have enough expertise to determine if the roads are acceptable and that the decision should rest with the engineers. Councilwoman Roarke pointed out that homeowners would be aware of any flooding problems that may have occurred as a result of faulty drainage construction. Councilman Roderiques related the problem of an improperly installed drainage basin that had been authorized as acceptable by the Town engineer. President Flynn indicated to Town Engineer Warren Hall “you are on the hook.” Town Administrator Gerry Kempen recommended a new procedure whereby developers would pay for an inspector that the Town hires for construction projects thereby removing that burden on the Town engineer. In the end the Council unanimously released the performance bond and accepted the roadways as a Town roads.
Public Utilities Wrecking Our Roads
Citing a trench on Newport Avenue, Councilman Roderiques questioned what could be done to force Public Utility companies to repair roadways in a timely fashion after they cut the road for cable installation/repair work. Town Solicitor Vernon Gorton said he would look into the Public Utility Commission procedures to determine what could be done but doubted that a requirement to post a performance bond, similar to private contractors, could be instituted.
Green End Avenue/Valley Road Intersection
Although prepared to make a presentation on the latest plan for the Green End Avenue/Valley Road intersection improvement, Town Engineer Warren Hall and the consultant were not asked to make such a presentation. Instead discussion occurred regarding the latest plan to move the travel lanes further southward to avoid the destruction of many trees. Additionally, the use of police to control traffic during peak travel times until the improvements are completed was discussed. President Flynn and Councilwoman Roarke thought that the police would be stationed in the middle of the intersection to direct traffic with white gloves; however, the current use of police is to monitor the intersection and manually control the traffic light control box.
Third Beach Mooring Field
Councilwoman Roarke requested to speak on the issue of the mooring fields at Third Beach. As a user of this mooring field, Councilwoman Roarke indicated there is much chaos there with sometimes three moorings located in the same spot. Administrator Kempen was directed to review Newport’s management plan for Newport Harbor to help develop a plan for Third Beach. Resident Morris Hirsch described a simple system of poles that could be used to align the mooring field rather than the GPS system that is currently under development.
New Vision Lease Agreement Approved
Citing his membership on the Board of New Visions and being a past President, President Flynn recused himself on this matter. The Council unanimously approved a 5-year lease with New Visions for the Peckham School on Green End Avenue for a $15,000 annual rent with escalating payments based on Consumer Price Index. At the suggestion of Senior Citizens Director Arlene Kaull, the Council inquired if the Town’s recreation programs could use the gymnasium and classrooms since these facilities were not being used by New Visions in the summertime. With assent from New Visions, Administrator Kempen was directed to amend the lease agreement to include this provision.
Effective Date of Impact Fee Ordinance to be Changed
The first reading of an amendment to change the effective date of the Impact Fee ordinance was held. Rather that an effective date of December 31, 2003 as contained in the original ordinance, the new effective date will be August 16, 2004 (the date of passage of the original ordinance.) This amendment is being proposed to alleviate the retroactive charge upon six residential properties at a loss of revenue to the Town in the amount of slightly over $39,000. The Council unanimously received this amended ordinance on its first reading and will likely adopt it at its next meeting on the second reading. Editor’s Note: Obviously this Council is concerned with the injustice of retroactively charging these six residents and is willing to lose $39,000 of Town revenue; whereas this same Council had NO concern about the sixty Turner Road residents who are being retroactively charged $300,000 for the installation of water lines in a nitrate and salt polluted section of Town!
Tax Exemption Denied
The Freedom Housing Corporation is converting the former Pine Motel located at 1409 West Main Road to 10 units of affordable housing with the assistance of Church Community Housing Corporation. Appearing on the docket was a request from these organizations seeking a property tax exemption for these properties. However, Stephen Ostiguy, Executive Director Church Community Housing Corporation, spoke and recommended that the Council deny this tax exemption request. Mr. Ostiguy explained that the request was urged by the U.S. Department of Housing and Urban Development; however, in all previous developments that Church Community Housing Corporation has completed it has never asked for a tax exemption and previous housing developments have remained on the tax rolls. The Council unanimously denied the “request” for a tax exemption.
Ocean Coffee Roasters Stinks!
Led by Nancy Sheets, Owner of Nature’s Goodness, a number of storeowners at 510 East Main Road complained about the order emanating from Ocean Coffee Roasters when coffee beans are roasted. Stating that the odor “makes us sick to our stomachs, burns our eyes, gives us sore throats and headaches”, Ms. Sheets urged the Council “to resolve this terrible situation.” Apparently at a cost of under $10,000 an afterburner could be installed which would eliminate these noxious fumes; however, the owner of Ocean Coffee Roasters seems to be unwilling to install such a device. After listening to a half dozen owners and residents complain about the situation, Councilwoman Roarke said, “There is an odor. We all know about it. Let’s do something about it.” The Council decided to embarked upon three simultaneously tracks to solve the problem:
1. Administrator Kempen will contact the RI Department of Public Health
2. The Building Inspector will examine the facility and enforce the existing odor ordinance
3. Solicitor Gorton will prepare a new ordinance to strengthen controls on noxious odors
Editor’s Note: Donald Lee, another storeowner at 510 East Main Road, explained that the Department of Public Health might not be helpful since he had posted the names and public phone numbers of these inspectors in his store window urging citizens to call and complain. The Department of Public Health threatened him to take down the sign.
Licenses Approved
Returning to the discussion of Scotty’s Big Dawg’s Sports Pub, the Council unanimously granted a Victualling House License and a Mechanical Amusement Device License subject to the same closing hours established for the liquor license.
Council Opposes LNG Facilities
Using a resolution similar to the Bristol Resolution received at the last meeting, the Council unanimously expressed its opposition to LNG terminals in either Fall River or Providence. Resident Bill O’Connell urged caution, however, since natural gas is the cleanest burning fuel for power plants and by rejecting LNG terminals we might be increasing our air pollution.
Tennis Courts and Softball Lighting
Mason Hawes, Chairman Open Space & Fields Committee, urged the Council to complete the unfinished projects at the West Main Road Recreational facility, namely the paving of the tennis courts and the installation of lighting for the softball field. Public Works Director Tom O'Loughlin made an estimate of the completion costs of these projects - $25,000 for the tennis court and $70,000-$100,000 for the lighting. The Council took no action at this time but directed that exact costs of these projects be obtained.
Informational Hearings for Bond Referenda
The Council set aside Tuesday, October 12 and Monday, October 25 as dates to conduct informational hearings for the public on the three bond referenda questions on the November ballot. The bond referenda questions pertain to:
· Open Space Land Acquisition
· Sewer Maintenance/Construction
· Slate Hill Farm Sewer/Water
PUBLIC FORUM SESSION
One resident addressed the Council during the public forum session:
Manny Mello addressed the road construction work being done on Casey Drive saying, “It was a disgrace. You think Turner Road was bad, you people are going to be in a lot of trouble (with this road construction)."
The Council adjourned at 9:34pm and moved into Executive Session to discuss litigation (Shore Drive) and
collective bargaining (Police Captains’ and Town Hall contracts.)
OCTOBER 4, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
Owing to the wall clock in the council meeting room being four minutes slow, President William Flynn call the meeting to order at 7:01pm (almost on time). President Flynn had himself arrived at 6:57pm (actual time 7:01pm) and Councilman Charles Vaillancourt arrived at 6:59pm (actual time 7:03pm). All council members were present at the start of the meeting.
The yearly applications for renewal of existing liquor licenses were received and a public hearing was ordered advertised as is required by state law. In addition, the Council received an application from Scooby’s Neighborhood Grille to extend its hours of operation to 1:00am (see Middletown Newsletter 9/20/04.) A public hearing for this matter was also ordered advertised.
One item of the eight-item consent calendar received additional scrutiny. Councilman Paul Roderiques asked for a verbal update of the MUNIS implementation. Finance Director Shawn Brown explained the progress of the implementation of this new computer software for tax collections and assessments. Director Brown reported that the installation was going well, was on time, and was on budget. The tax collection portion of the computer software was actually fully installed and operating with “no fire drills.”
Additional Operating Hours
An application for additional operating hours was received from the Amerada Hess Corporation, dba Hess 39207, 876 West Main Road. A public hearing was ordered advertised.
East Main Road/Aquidneck Avenue Intersection
The Council had previously called for a public discussion to be held this evening concerning the extremely dangerous intersection at East Main Road and Aquidneck Avenue. Town Administrator Gerry Kempen began by informing the Council that an agreement had been reached by Bank of America (Fleet Bank) and the business condominium on its western boundary to share an entrance/exit that will alleviate some congestion; however, Bank of America will not reach an accommodation with Dunkin Donuts on its eastern boundary. Two business owners from the condominium then spoke indicating that the so-called agreement has placed the entire burden on the business condominium whereby it will lose five parking spaces and the bank will actually gain seven parking spaces and, consequently, the condominium association now opposes the plan. Bob Roccio, RI Department of Transportation, explained that DOT is working with the businessmen and is attempting to get additional parking spaces for the condominium property. Most of the council members were upset with the current plan in that it will not cure the most dangerous part of the intersection – namely, the entrance to Dunkin Donuts. The owner of Dunkin Donuts explained that he had been working with Town officials trying to solve the problem and was himself upset to now find out for the first time that he was not being included in the solution and that the bank does not want to talk with him. He further stated, “the problems were there when I first leased the property.” The Council directed Administrator Kempen to hold a meeting with all parties, including the bank’s representative, to try to iron out a solution. This solution must be arrived at within two months since DOT construction along East Main Road cannot wait beyond that time.
Green End Avenue/Valley Road Intersection
The Green End Avenue/Valley Road intersection improvement issue was again before the Council and again a presentation was not made. Little discussion occurred except that Councilwoman Karen Roarke was decidedly upset that a pedestrian island was not included in the current design. Councilwoman Roarke said that a pedestrian island in the middle of the road was needed to allow pedestrian to cross the four lanes of traffic safely. The Council unanimously approved a $24,837.09 fee for the consultant to go forward with the design plans. Councilwoman Roarke followed the consultant and the Town engineer out into the hallway presumably to discuss the incorporation of the pedestrian island in the plans.
East Meadow Traffic Survey
Last year the residents of East Meadow petitioned the Town for a 3-way stop sign at the entrance to the development claiming a need for safety in the neighborhood. Newly appointed Police Chief Anthony Pesare, in an attempt to clear the backlog of issues on his plate, presented the Council with the results of the traffic survey and his recommended solution. The traffic survey does not support the claim of increased traffic from the businesses near East Main Road but instead concludes that the traffic is primarily residents of the development itself. The solution proposed and adopted unanimously by the Council was to erect a single stop sign at the intersection, rather than a 3-way stop. Also, the Chief noted that the Town Council has never adopted an ordinance for the posted 15MPH speed limit in the development and therefore the police may only enforce a 25MPH limit. The Chief recommended the Council adopt an ordinance for 15MPH but the Council ignored the recommendation.
Impact Fee Ordinance Adopted
The second reading of the Impact Fee Ordinance occurred and a contractor was allowed to speak. This contractor pleaded a hardship to the proposed amendment that would change the payment time from the issuance of the occupancy permit to the issuance of the building permit. The contractor cited his recently begun 10-unit construction project which would significantly impact his financing for the project if he was required to upfront the impact fees prior to constructing and selling the houses. In an effort “to accommodate” this individual, the Council established yet another date of December 31, 2004 – before this date impact fees will be collected at time of occupancy permit, after this date impact fees will be collected at building permit issuance. The Council then unanimously adopted the ordinance as amended including the amendment that established the effective date of the entire ordinance as August 16, 2004. Editor’s Note: Residents of Turner Road should take note as to how the rest of the Town, including contractors, are “accommodated” by this Council!
Newport National Golf Course Rezoning
Attorney Robert Silva explained that the delay in construction of the second 18-hole golf course has resulted in sufficient properties not being available to construct the second 18-hole golf course as originally proposed by the Newport National Golf Course. Current plans are to construct a 9-hole course and a new zoning ordinance is required as a result. The Council thereupon ordered advertised for public hearing a petition to rezone Plate 118 Lot 132, Plate 123 Lots 700 and 12, and Plate 124 Lots 5 and 29.
Appointments
The Council unanimously appointed the following two people to the Board of Tax Assessment Review:
· Shirley R. Mello
· Mary P. Newman
PUBLIC FORUM SESSION
No one requested to address the Council during the Public Forum Session.
The Council adjourned at 8:18pm and moved into Executive Session to discuss (1) collective bargaining (Police Captains’ and Town Hall contracts) and (2) land and business (Navy Privatization). Editor’s Note: “land and business” is a very creative exception to the Open Meetings Law, don’t you think?
OCTOBER 18, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
The wall clock in the council meeting room was still four minutes slow. All council members were seated at 6:55pm (actual time 6:59pm) and were discussing various issues among themselves. At 6:59pm (actual time 7:03pm) President William Flynn said “I guess we should get started although we are one minute early” and called the meeting to order. All council members were present at the start of the meeting.
The Council unanimously approved the transfer of a BV Alcoholic Beverage License from Flo’s Retro Deli, 44 Wave Avenue to Rusty’s for use at the same premises. Although a public hearing was held on this issue, no one spoke. The Council then ordered advertised for hearing a renewal application for this license for the 2004-2005 licensing year.
One item of the six-item consent calendar received additional scrutiny. Councilwoman M. Theresa Santos inquired as to why three zoning matters were being brought before the Council and received the answer that in each case the Town was an abutter to the property and was being notified of the zoning change as any abutter is so notified.
Licenses Granted
The Council unanimously granted the following licenses to Rusty’s, 44 Wave Avenue:
· Victualling House License
· Amusement License
· Mechanical Amusement Device License (4 games & 1 juke box)
Impact Fee Ordinance Amended
Apparently there was an oversight when the Council adopted the Impact Fee Ordinance at the last meeting. Although there had been discussion about imposing the impact fee on any state and federal government property that is converted to private ownership, the ordinance as adopted did not contain the specific language to allow the Town to impose the impact fee on such property. Without discussion, the Council adopted an amendment to the impact fee ordinance to correct this oversight – such properties will now be subject to the impact fee.
With Councilwoman Karen Roarke very upset, the Council voted 5-1 not to adopt building height restrictions at this time but instead ordered advertised for hearing a new amendment that would clarify the height restrictions and include suggestions from the Building Inspector to make enforcement easier. This issue was the single issue of the evening that was at all controversial and took any amount of time to resolve. Councilwoman Roarke stating “there should be no more 40 foot square blocks in our Town” pressed for the zoning table that would limit buildings to 30 feet if the roof pitch was nearly flat and allow 35 foot buildings with steeper roofs. However, Assistant Building Inspector Nash said that “roof pitch” is difficult to measure and enforce and therefore preferred language establishing building height and roof pitch based upon the number of habitable stories. Councilwoman Suzi Nance stated “there are too many unknowns and too much uncertainty at this time” and recommended the advertisement and hearing for a new amendment. The new Town Council will therefore be addressing this problem and it was suggested that a workshop be held with the Build Inspector and the Planning Board.
East Meadow Traffic Ordinance
The Council received on its first reading an ordinance establishing a stop sign and a 15 MPH speed limit for Meadow Lane as was recommended by the Police Department at the last Council meeting. This ordinance will likely be adopted on its second reading at the next Council meeting.
Esplanade Sidewalks
Councilwoman Roarke, for a long time, has been concerned with sidewalk construction and has advocated that new sidewalks be constructed as “esplanade sidewalks” to encourage use and promote safety. Esplanade sidewalks have a grass strip separating the paved roadway from the sidewalk. The Council unanimously adopted a resolution that, wherever possible, esplanade sidewalks would be installed within the Town of Middletown when new streets are constructed.
Utility Pole to Move
The Council unanimously approved the movement of a utility pole on Bliss Mine Road based upon the recommendation of the Roads & Utilities Committee.
PUBLIC FORUM SESSION
Ronald Santa was the only resident to speak during the public forum session and lambasted the Council for its two-year performance suggesting that the Turner Road project is a fitting legacy. Editor’s Note: The Middletown Newsletter Editorial is a transcription of his speech.
The Council adjourned at 7:46pm. Although an Executive Session (Town Hall collective bargaining) had been scheduled, it was cancelled since Town Administrator Gerry Kempen was not in attendance.
NOVEMBER 1, 2004 MIDDLETOWN
TOWN COUNCIL MEETING
The wall clock in the council meeting room was readjusted for Eastern Standard Time but was set two minutes slow. At 7:00pm (wall clock time) all council members were seated; however, President William Flynn called the meeting to order at 7:03pm. All council members were present at the start of the meeting.
Acting as a Board of License Commission, the Council held a public hearing to extend the hours of operation to 1:00am for Scooby’s Neighborhood Grille, 10 Maple Avenue. President Flynn recused himself on this matter and did not participate. Councilman Paul Roderiques was upset that the police report was not in written form but was only a verbal report that no complaints had been lodged against the establishment. No resident spoke at this hearing while the owner briefly spoke to inquire whether Councilman Roderiques’ objection would prevent the approval. In the end the extended hours of operation were approved on the condition that a written report from the Police Department would be obtained and that it substantiated the verbal report.
The Council unanimously approved the annual renewal of existing alcoholic beverage licenses based upon the “verbal report” from the Police Department that no complaints had been filed against any of the establishments. There was no requirement to seek a written police report for these licenses.
Two items of the five-item consent calendar received additional scrutiny.
1. Councilman Roderiques questioned the 55.3% expenditure of the budgeted amount for the Town Planner department receiving the reply that this was not a trend but was simply the result of a one-time expenditure for a contract. Councilman Roderiques also questioned the dramatic increase in expenditures for the beach budget receiving the reply that the increase was primarily capital expenditures. Finance Director Shawn Brown then itemized those capital expenditures.
2. In a letter to the Council, Robert Mastin, Custom House Coffee, requested sidewalks and crosswalks on Aquidneck Avenue. Councilman Roderiques, referencing the tragedies on West Main Road said, “maybe we can do something here (Aquidneck Avenue) before something happens.” The Town Administrator was directed to ask the State to conduct a study for crosswalks.
Award for William Seiple
In a precedent setting move, the Council unanimously bestowed a Town Council Award to a town employee. William Seiple was given this award in recognition of “his outstanding accomplishments as Beach Manager during the 2003 and 2004 beach seasons. President Flynn recognized that such an award is not often given to a Town employee; however, Mr. Seiple will not have this job next year as the beach will probably be run by the newly established Recreation Department. Rian Wilkinson, Chairman Beach Commission, lauded praises of the work Mr. Seiple has done in returning Second Beach to the condition of its glory days in the 1960’s. President Flynn concluded with “I know I had to twist your arm to take this job.”
Middletown Hall of Fame
Councilwoman M. Theresa Santos displayed a “Hall of Fame” plaque that will be displayed outside the Clerk’s Office. The plaque will contain names of Middletown residents who have contributed to Middletown society. Although the initial list of names contain no living resident, future members of the Hall of Fame need not be deceased and it is the hope that future councils will approve additional members at the rate of one or two a year. The Hall of Fame Committee decided upon thirteen names for the initial entry and the Council unanimously approved these nominations: The inductees are as follows:
· Mabel Norman Cerio
· Albert L Chase
· Dr John Clarke
· Edward J Corcoran
· Susan C Demery
· Anne S Dunlap
· Joseph F Gaudet
· Cornelius Hoogendoorn
· Esau Kempenaar
· James A Peckham
· Venceslaus J Vanicek
· Ruth A Wetherell
· Alan Wheeler
Licenses Granted
The Council unanimously granted the following licenses:
· Victualling House License – Hess 39207, 876 West Main Road
· Extended Operating Hours (2am-6am) – Hess 39207, 876 West Main Road
· Sunday Selling License – Hess 39207, 876 West Main Road
· Victualling House License – Coddington Food Mart, 10 Coddington Highway
· Sunday Selling License – Coddington Food Mart, 10 Coddington Highway
The Council unanimously renewed the 2am-6am operating hours for the following establishments:
· Dunkin Donuts, 811 West Main Road
· Dunkin Donuts, 536 East Main Road
· 7-Eleven Food Store, 726 Aquidneck Avenue
· IHOP Restaurant, 159 West Main Road
· Cumberland Farm Store, Aquidneck Avenue
· Aquidneck Pizza, 27 Aquidneck Avenue
· Middletown Shell Food Mart, 1149 West Main Road
· East Main Shell, 207 East Main Road
· 7-Eleven, 939 West Main Road
· Ma’s Donuts & More, 78 West Main Road
· Middletown Mobil, 356 West Main Road
· Shaw’s Supermarket, 99 East Main Road
· Ocean View Restaurant, 28 Aquidneck Avenue
East Meadow Traffic Ordinance
The Council unanimously adopted on its second reading an ordinance establishing a stop sign and a 15 MPH speed limit for Meadow Lane as was recommended by the Police Department.
Memorial Benches for Dunlap-Wheeler Park
The Council unanimously approved the addition of two benches for the Dunlap-Wheeler Park in memorial to Matt Crosby and Dan Roman (Middletown High students who were killed last summer).