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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, Lou