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JANUARY 3, 2005
In another sad chapter of Town Council meetings, thirty-five attendees were left standing in the hallway outside the Council chamber room for nearly thirty minutes as the Council held an Executive Session that began at 6:30pm. The doors were finally opened at 7:15pm allowing residents, taxpayers, lawyers, and other attendees to enter and take a seat. President Paul Roderiques called the meeting to order at 7:20pm and apologized for “the delay.” All council members were present. Editor’s Note: see Middletown Newsletter Editorial dated 1/4/05.
Executive Session
The first business conducted by the Council was to unanimously seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matters of litigation (Homer v. Fire Department) and collective bargaining (Town Hall).
The consent calendar was unanimously adopted without comment.
A Public Hearing was held for a zoning change from residential to Open Space for properties fronting on the west side of Mitchell’s Lane (portion Plat 118, Lot 132, Plat 123, Lot 700 & portion Lot 12, and Plat 124, Lot 29 & portion Lot 5). The rezoning is necessary to construct a nine-hole golf course as an expansion to the eighteen-hole Newport National Golf Course located on the east side of Mitchell’s Lane. The original plans for the Newport National Golf Course included an eighteen-hole course on the west side as well as an eighteen-hole course on the east side; however, since the original company has gone bankrupt the west side course has never been developed. A Boston-based Limited Partnership has acquired Newport National Golf Course through the Bankruptcy Court and would like to expand the facility thereby necessitating the new rezoning amendment.
As Attorney Robert Silva, representing the petitioner, began
his presentation, President Roderiques reminded him of the Council’s declared
limited of five minutes per speaker.
Attorney Silva said that he did not believe said limit applies in a
Public Hearing and proceeded to make his thirty-minute presentation. The new zoning petition involves 218 acres
and will accommodate a clubhouse that had been planned for the east side in the
original 1985 design but has never been constructed. As for the conditions placed upon the 1985
zoning change, Attorney Silva said that the petitioner would be amenable to
these same conditions with two major exceptions. Since golf carts would no longer be
traversing a length of Mitchell’s Lane but would simply be crossing the road,
filling in the ditch and providing underground drainage piping along Mitchell’s
Lane is no longer required. A private
sewer line connecting the clubhouse to the
William Gormly, an abutter to the property, was the only resident to speak and he addressed the need for screening – not to screen the golf course from view by the residents but instead to screen his animals from attracting golfers to his property. Attorney Silva represented that screening was not a problem and the petitioner would in fact provide adequate screening.
The petition was received on its first reading and the hearing was left open for additional comments at the next meeting. Town Solicitor Vernon Gorton was directed to review the 1985 conditions and to prepare a new set of conditions to be incorporated at the second reading. It is likely that the zoning change will be adopted at its second reading on January 18th.
Transportation Improvement Programs (TIP)
In a matter continued from the last Council meeting, the State’s Transportation Improvement Program (TIP) was discussed. The next round of TIP is currently being developed and all communities have been invited to submit proposals for new projects.
Sandy Thomas, Aquidneck Island Planning Commission, presented four regional projects and asked for Town Council endorsement. Since regional projects do not negate nor diminish local project selections, the Council unanimously endorsed the regional projects. These regional projects are:
As for the local projects, Town Planner Ron Wolanski
presented his analysis and recommendations.
From the four suggested projects, he recommended (1) Gate 17 Access Road
traffic control and storm drainage and (2) Aquidneck Avenue sidewalks and
crosswalks. The Council unanimously
endorsed these projects but with reverse priority because the sidewalks would
be rated higher by the DOT criteria. The
Council also unanimously endorsed the streetscape improvement project for
Councilwoman Barbara Barrow proposed discussion on two zoning board matters: (1) election of zoning board members and (2) strict regulations dealing with pornography/sexual/recreational drug paraphernalia. The latter matter was referred to the Planning Board for its recommendation. As for the matter of electing zoning board members, this would require an amendment to the Town Charter. Since there is no current Charter Review Commission, it was decided to reestablish this committee and the Town Clerk was directed to advertise for volunteer members. Councilwoman Barrow’s suggestion will be referred to the newly formed Commission for its study and recommendation.
The Council adopted on its second reading a new billing fee
ordinance for rescue wagon services.
Resident Manny Mello suggested that the fees were too high and inquired
as to where the money goes. Town Administrator Gerry Kempen explained that all
funds collected are placed in a special reserve account and are expended on
capital equipment only. The rates are
consistent with prevailing rates and are paid by insurance companies only. If a
The Council adopted on its second reading a new billing fee ordinance for police and fire personnel and equipment use on private details.
The Council adopted on its second reading a new billing fee ordinance for Town Engineer and Director of Public Works services for property subdivisions.
Executive Sessions Minutes Unsealed
At the suggestion of Town Solicitor Vernon Gorton, the Council unanimously unsealed the minutes of Executive Sessions pertaining to Schwemin v. Town litigation. Resident Ronald Santa had requested these minutes.
The composition of the Beach Commission had been (3) Town Council members and (4) residents. The Council unanimously revised the Commission to be comprised of (2) Town Council members and (5) residents. When asked why not have only one Town Council member like all other boards with Council participation, the answer was that “we have already appointed two” (President Roderiques and Councilwoman Santos).
Appointments
The Council unanimously made the following appointments:
Editor’s Note: The procedure for appointments involves nominations by council members and subsequent votes in the order placed in nomination with the first nominee receiving a majority vote being appointed. The order of nomination is therefore important and explains the rush by council members to gain the floor to introduce their nominees. So it was this evening when Councilwoman M. Theresa Santos and Councilman Charles Vaillancourt attempted to nominate people for the Beach Commission. Although Councilwoman Santos had clearly requested the floor first, President Roderiques called upon Councilman Vaillancourt to nominate his candidates first. As it turned out Councilwoman Santos had intended to nominate the same candidates resulting in unanimous Council appointments. With no potential disagreement on Tree Commission appointees, Councilwoman Santos was allowed to nominate these candidates.
The old bus garage on west main road near the
With all this as a backdrop, the Council opened the Public
Hearing on the matter of amending the Comprehensive Community Plan to allow
Light Industrial use in the area designated as Plat 111, Lots 8, 9, 9A, &
10. Attorney Amy Rice, representing
fourteen abutters, asked the Council to make no decisions and continue this
matter since she has not been able to discuss this matter with all her clients,
especially the new concept of including an automobile dealership at this
location. Attorney Rice did indicate
that her clients opposed this change and stated that “Each town zoning should
conform to its Comprehensive Plan rather that the other way around.” Paul Mika and eight Toyota of Newport
employees each spoke in favor of the amendment, especially if it would allow
the Toyota of Newport to move there.
Comments made by Toyota of Newport employees included: “we are busting
at the seams (in current location)”, “strongly urge (Council) to allow this
business to remain in Town”, “great loss if Mika had to move dealership out of
town”, “we are good neighbors where we are and would be good neighbors if we
moved”, “we need to move up the street”.
Resident Gail Greenwood spoke in opposition to the proposal saying that
it was a “quintessential definition of sprawl” to create another Light
Industrial zone when the
The Council received the petition on its first reading and continued the matter to its February 22nd meeting to allow the Planning Board to study and make a recommendation regarding automobile dealerships in Light Industrial zones. The Public Hearing was left open so as to accept additional comments at the next meeting.
To protect abutting residential property owners, especially in the vicinity of the old bus garage on West Main Road (see above), the Planning Board is proposing to establish a new zone (Light Industrial Abutting Residential Districts) and the first reading of the proposed zoning amendment was held. Residents Roberta Duffy and Gail Greenwood objected to a reduction of 50-foot buffer zone to a 25-foot buffer zone and the lack of restrictions on outside PA systems. Attorney Robert Silva, representing the property owner of old bus garage site, explained that the proposed new zoning ordinance increases all protections for abutting residents:
The Council received the petition on its first reading and continued the matter to its February 22nd meeting to allow the Planning Board to study and make a recommendation regarding automobile dealerships in Light Industrial zones. The Public Hearing was left open so as to accept additional comments at the next meeting.
The Council cancelled its January 10th meeting with the Planning Board leaving the following meetings in January:
The Council also agreed to meet at 6:00pm with the School Committee preceding it regular meeting on January 18th and postpone the Executive Session that night to after the regular meeting. President Roderiques agreed to “make an exception” for the late Executive Session that evening.
One resident addressed the Council during the public forum session:
Manny Mello asked what the Town was going to do about
The Council adjourned at 10:01pm.
JANUARY 18, 2005
At 6:00pm, preceding the regular meeting, the Town Council met with the School Committee to consider, discuss, and act upon FY 05-06 Budget and related issues. Since this was not an Executive Session, the doors were unlocked and attendees for the regular meeting were allowed to enter and take a seat without having to stand in the hallway. The Special Meeting with the School Committee ended at 6:59pm whereupon the tables were broken down and stored against the wall. President Paul Roderiques called the regular meeting to order at 7:09pm and apologized for “the late start.” Councilman Edward Silveira Jr. was absent. Town Administrator Gerry Kempen was absent with Finance Director Shawn Brown acting in his place.
The consent calendar was unanimously adopted without comment.
The council received a letter from School Superintendent
Rosemary Kraeger indicating that recent State testing has classified the
Middletown Public Schools as “High Performing and Improving” and the high
school and middle school have been identified as “Regent’s Commended
Schools.” Superintendent Kraeger
introduced the attending members of her staff and the School Committee. She noted that only two other communities
(Block Island and Little Compton) in
As reported in the 12/30/04 Middletown Newsletter, the Girls Varsity and Boys Varsity Soccer Teams won respective Division III State Championship. As is customary varsity jackets are purchased for each winning team member and the Council received a verbal request for a donation to offset this expense. In the past, the Council has donated $20 per team member toward the jackets that cost $45. However the two soccer teams are comprised of forty-seven members and the Council was reluctant to donate $940 instead unanimously giving $500.
Elizabeth Paris, Middletown Substance Abuse Prevention Task
Force, requested $1600 to fund a facilitator for the Parent Support Group for
the remainder of the year. Last year the
Council made a $500 appropriation to initiate the Parent Support Group which
meets in
The second reading and continued Public Hearing was held for a zoning change from residential to Open Space for properties fronting on the west side of Mitchell’s Lane (portion Plat 118, Lot 132, Plat 123, Lot 700 & portion Lot 12, and Plat 124, Lot 29 & portion Lot 5). The rezoning is necessary to construct a nine-hole golf course as an expansion to the eighteen-hole Newport National Golf Course located on the east side of Mitchell’s Lane. With President Roderiques stating, “Lawyers do not have to go first”, resident William Gormly questioned the vegetated buffer requirement along his abutting property. Attorney David Martland explained that a typographical error occurred in the proposed conditions and, in fact, the buffer requirement in item #13 refers to Plat 123, Lot 10 (his property). Resident Kathleen Davis questioned item #7 regarding compensation to homeowners if the golf course results in adverse effects to existing residential wells. Ms. Davis asked if homeowners were required to document the existing conditions, before the golf course is constructed, in order to receive compensation if damage is done. Councilman Vaillancourt stated that such documentation is not needed since “it is assumed by your living there now that you have sufficient water.” The Council unanimously approved the rezoning ordinance subject to the thirteen conditions specified by Town Solicitor Vernon Gorton.
A Public Hearing was held for a zoning change from
residential to require special use permits for two-family dwellings in an R10
or RM zone. This proposed zoning change
is in response to the construction of a 20’ x 65’ building on a 60’ x 120’ lot
located at
Cancellation of
Taxes for Certain
The Council unanimously approved the cancellation of taxes
for a list of
Cancellation of
Personal Property Taxes for Certain
The Council unanimously approved the cancellation of
personal property/motor vehicle taxes for a list of
Cancellation of
Sewer/Water Charges for Certain
The Council unanimously approved the cancellation of sewer
maintenance/water construction charges for a list of
With Administrator Kempen absent and unable to give his report, the matter of the Inflow and Infiltration Reduction Program was continued to the next meeting.
Citing the controversy over the Portsmouth Gym Bond and not wanting to see something similar happen in Middletown, resident Antone Viveiros submitted a proposal for an ordinance to require bond monies to be used only for the exact project described in the referendum and that any monies remaining and/or reimbursements or grant monies shall be applied directly to reduce the cost of the bonding. The proposal was submitted to the Town Clerk to be referred to the Town Solicitor for his comments.
Appointments
With Councilwoman M. Theresa Santos nominating and Councilman Vaillancourt seconding, the Council unanimously made the following appointments:
One resident addressed the Council during the public forum session:
Although Manny Mello had requested to speak on the subject of Council meeting start times, he did not address that matter but instead complained about the Public Forum procedures noting that he had been “made to feel like a dummy” at the last meeting because the Council did not respond to his proposal for the West Main Road sidewalk (see 1/3/05 Middletown Newsletter). President Roderiques explained that there had been “no intention to make you feel like a dummy” and he was willing to speak and answer any questions; however, the Public Forum session was designed as a non-debate, non-confrontational, input-only forum where residents could address any matter that was not part of the regular docket. As such the Council is not expected to respond to any subject raised during these forums but simply to take the information presented under advisement. If a resident would like a Council response, the item should be submitted in writing to be included as part of a regular docket.
The Council adjourned at 8:36pm and entered Executive Session in order to discuss collective bargaining (Town Hall).
FEBRUARY 7, 2005
President Paul Roderiques called the meeting to order at 7:01pm. All council members were present.
Two items on the Consent Calendar received additional comment and scrutiny.
Atlantic Bread Company Receives Licenses to
Operate
The Council unanimously granted a Victualling House License
and a Sunday Selling License to the Atlantic Bread Company,
Church Community Housing Corporation
Opposes Zoning Change
With President Roderiques recusing himself “due to a
conflict”, the Council received a letter from Attorney Stephen A. Haire
representing Church Community Housing Corporation. Attorney Haire also spoke and presented the
objection to the proposed zoning change for two-family dwellings (see below). Church Community Housing Corporation is in
the process of developing affordable housing on five house lots in
The second reading and continued Public Hearing was held for
a zoning change to require special use permits for two-family dwellings in an
R10 or RM zone. This proposed zoning
change is in response to the construction of a 20’ x 65’ building on a 60’ x
120’ lot located at
Councilman Charles Vaillancourt stated that the R10 and RM zones are the only districts in the Town that allow two-family dwellings by-right, all other zones either deny two-family dwellings on a single lot or require a special use permit. He further stated that the R10 and RM zones “need some protection” and moved for the adoption of the ordinance. President Roderiques said “we appreciate all the input from both sides” and concluded that the proposed ordinance “is not perfect but is a step in the right direction.” The Council then unanimously adopted the proposed zoning change.
Valley Road to be Limited Business Zone
Valley Road, north of
Resident Manny Mello explained that the two residential
properties just north of Autozone do NOT have sewer and have no way to connect
to sewer because Northeast Engineering was allowed to connect via
The Council received the proposed change to the Comprehensive Community Plan on its first reading and continued the Public Hearing to the next meeting whereupon it is likely to be adopted on its second reading. The Council then held the first reading of a zoning change to change this area to a Limited Business Zone in response to a request of Blake Henderson to rezone Plat 107SE, Lots 89 & 90. It is this request that triggered the above Planning Board recommendation to alter the Comprehensive Community Plan. The Council unanimously received this zoning change on its first reading and continued the Public Hearing to the next meeting whereupon it is likely to be adopted on its second reading.
Zoning Ordinance Review Committee
Established
At the suggestion of Councilman Edward Silveira Jr., the Council unanimously established a Committee to review the Town’s zoning ordinances and propose any necessary changes. The Committee will be composed of nine members: four members from the public-at-large, the Town Planner, and a representative from each of the following: Town Council, Planning Board, Zoning Board, and Building Inspector’s Office. The Committee is tasked to complete its work within a twelve month period.
In-law Apartment Regulation to be Reviewed
At the suggestion of Councilwoman Shirley Mello, the Council referred the matter of Accessory Family Dwelling Unit to the recently established Zoning Ordinance Review Committee. Resident Art Benner explained that the current regulation only permits accessory units for parents and grandparents when indeed there is a need to allow such units for children and grandchildren. Councilwoman Mello stated that her proposal was intended to clarify and expand this definition of family and was glad that the newly formed committee would address the issue.
East Main Road Business District to be
Reviewed
Councilman Louis DiPalma requested an update from the Town
Administrator regarding
Administrator Kempen presented a verbal report regarding the Inflow and Infiltration problem (storm water/rain water into sewer system) especially in the Easton Point area. Administrator Kempen explained that an engineering firm will begin house-to-house inspections next week in the Easton Point area looking for sump pumps and gutter drain spouts connected to the sewer system. Administrator Kempen also indicated that the Public Works Department will be lining sewer pipes and replacing sewer lines in the area and indicated a number of roads where the sewer system work could be accomplished under existing bond monies. However, he indicated that the Forest Avenue sewer line is in need of replacement which is estimated to cost $2 million which the Town does not currently have and will likely require a new bond referendum.
Budget Transfers
The Council unanimously authorized the following budget transfers:
Surplus Property
The Council unanimously declared the following items surplus and authorized the Finance Director to use, lease, or dispose of these properties no longer needed:
Replacement Overhead Doors for Fire Station
Approved
The Council unanimously awarded a $20,212 contract to Fagan
Door Corporation,
Senator Lincoln Chafee Offers Assistance
In a letter to the Council, Senator Lincoln Chafee offered assistance in obtaining federal funds for local projects and asked for suggestions from the Council. Although the Council did not immediately name any specific project, it agreed to discuss the matter and refer such suggestion at a later time. The Council also decided to refer any such suggestions to the rest of the Federal delegation: Senator Reed, Congressman Kennedy, and Congressman Langevin.
Council Supports Senate Bill 2005S-0064
Senator Paul W. Fogarty, District 23, requested support of his Senate Bill to increase educational state aid by a minimum of 5% for each school district above the amount provided in the previous fiscal year. The Council unanimously voted to support this Senate bill.
The Town of
Youth Soccer Group Solicits Financial
Assistance
Walt Wildemann, President Middletown Youth Soccer Club
(MYSC), spoke and restated the request submitted in a letter for Council
financial support in developing the remaining portion of the Wyatt Road Soccer
Complex. Mr. Wildemann stated that MYSC
has expended $30,000 of its own money to improve this town-owned facility and
now asks the Town to fund the $300,000-$350,000 necessary to complete the two
remaining soccer fields. Finance Director
Brown indicated that the cost to complete the soccer complex was $480,000. Councilman Vaillancourt inquired as to the
September 2005 DEM recreational grants and would
Sidewalk Snow Removal
In a letter to the Council, John Tucker inquired if there was a Town ordinance regarding snow removal from sidewalks and if there was not, the Town should enact one. The Town does have such an ordinance and if requires abutting property owners to clear the sidewalk during the daylight hours or by 9am if the snow fell during darkness. Everyone however recognized the inability of most property owners to clear the sidewalks after a snowfall of the magnitude of the January blizzard, especially considering that snowplows had dumped up to six feet of snow from the road upon said sidewalks. Councilman Edward Silveira Jr. took the opportunity to thank the Department of Public Works for the outstanding job it did in clearing the roads after the blizzard. Solicitor Gorton was tasked to examine ordinances from other communities to determine if a better Town ordinance could be developed.
$250 Donation to
Claudia Carlson Vars, Director of Fine Arts Middletown High
School, requested Town Council financial support in defraying the $500 expense
for John Maurer, a junior at
Appointments
The Council unanimously made the following appointments:
On a 6-1 vote with Councilwoman Santos opposed the Council made the following appointment:
Editor’s Note: Councilwoman Santos had nominated John M. Tucker for reappointment to the Planning Board and thus voted against Richard P. Adams
Manny Mello related various sewer bond referenda passed by
the voters to fixed particular sewer projects which were used for other
projects instead. He said numerous bonds
were passed to fix the
Antone Viveiros spoke on this issue elaborating on the statements he made at the previous meeting. He said the School Department used $1.38 million unexpended funds from a previous bond referendum to fund the energy saving program installed last year. Although this expenditure, in the long run, might save the Town money in energy expense, Mr. Viveiros criticized the School Department for not obtaining voter approval for this expenditure.
Borrowing from RI Clean Water Finance
Agency
As an added item to the docket, the Council unanimously approved the administrative procedure of borrowing $5 million from the RI Clean Water Finance Agency (subsidized interest rate of under 2%), as approved by the November bond referenda to fund the following projects:
Two residents addressed the Council during the public forum session:
The Council adjourned at 10:02pm and entered Executive
Session in order to discuss personnel, at least that is what Councilman
Vaillancourt declared. The normal
procedure of President Roderiques reading the strict legal notice identifying
the Executive Session did not occur and the agenda actually defined the reason
for the Executive Session as litigation (Homer v. Town of
ANNOUNCEMENT
The next Town Council meeting will be moved from the third Monday to the second Monday in February to accommodate the schedules of council members. A quorum of council members cannot be obtained from February 15 – March 5. As a result the next Town Council meeting will be held on February 14th.
FEBRUARY 14, 2005
President Paul Roderiques called the meeting to order at 7:02pm. All council members were present. The Council held an Executive Session at 6:00pm in the Council chamber room that concluded in sufficient time to allow regular meeting attendees to enter the room without having to stand in the hallway. Editor’s Note: This reporter arrived late at 7:01pm and relies upon the statement of others regarding the end time of the Executive Session.
Executive Session
The first business conducted by the Council was a unanimous vote to reconvene from Executive Session and to publicly vote upon the matters discussed therein. The Council unanimously voted to “file a zoning enforcement action and execute the judgment” related to this litigation (Town v. Cotsoridis). The Council then unanimously voted to seal the minutes of the Executive Session.
One item on the Consent Calendar received additional comment
and scrutiny. Councilwoman M. Theresa
Santos related the need to expand the deck at
Commendation for Town Employees
The Council unanimously approved a resolution commending Town employees, specifically Police, Fire, and Public Works, for their “Herculean efforts” during the January 2005 Blizzard. Two examples of many instances were (1) the Fire Department cooking 200-300 meals for the police and public works employees and (2) the Public Works snow plow clearing the way in front of the Rescue Wagon to make its calls and deliver patients to the hospital. President Roderiques read the resolution and presented it, along with Town tiles, to the three Department Heads. President Roderiques concluded with “Thank you guys very, very much” and the audience burst into a thunderous applause.
Limited Business Zone for
The Comprehensive Community Plan Amendment and the Zoning
Change for the west side of
Senator Lincoln Chafee Offers Assistance
The Council again received Senator Lincoln Chafee’s letter offering assistance in obtaining federal funds for local projects and asking for suggestions from the Council. After much discussion on a number of projects, the Council unanimously directed the Town Administrator and Town Planner to respond to Senator Chafee, as well as the rest of the Federal delegation, recommending the four following projects:
The Town of
Beach Commission Resignation
The Council accepted Mike Daly’s resignation from the Beach
Commission (he is moving from
The Beach Commission has recommended an increase in sticker fees and Town Administrator Gerry Kempen asked the Council to consider this request so that he made make appropriate changes to his budget preparation for next year. Councilman Vaillancourt made it clear that he opposes any changes in the fee structure; however, the matter was continued to the next meeting and Finance Director Shawn Brown was directed to provide a history of previous rate increases (dates and amounts). The proposed fee increases are:
Camperama Approved
The Council unanimously approved the use of the beach on
September 9-11 for a camperama to be sponsored by the Quahog Chapter #48 of the
North American Family Campers Association.
This annual event has occurred at
Town Employee Badges
Administrator Kempen explained a new proposed Town policy requiring all Town employees to wear an identification badge while performing Town duties – Police and Fire personnel in full uniform need not display the identification badge but must have it readily available. Finance Director Brown advocates the use of these badges both for identification and as a security measure and explained that each badge cost $2 to construct. Councilman Louis DiPalma clearly supports the new policy stating that he has worn an identification badge for twenty-five years in his profession. President Roderiques and Councilman Vaillancourt, however, oppose the new policy on the grounds of future costs and an expansion of this policy; e.g. key code entry of Town buildings. President Roderiques, with a tinge of luddism, said “I have a little problem with that (key code entry); I like to think of the Town like Mayberry (Andy Griffith TV show).” The matter was continued to the next meeting on a 6-1 vote with Councilwoman Santos opposed.
Added Agenda Item
As a last minute addition to the agenda, the Council unanimously awarded an $86,250 contract for Photogrammetric (Aerial) Mapping of the Town to Chas. H. Sells, Inc., Charlton, MA (low bidder). This project is to provide data for the GPS mapping system to be used by the Planning Department and, once entered in the Town’s web page, could be used by all residents. The funds are to come from a $140,000 Homeland Security Grant and considerable discussion occurred as to how to expend the remaining funds from this grant. Editor’s Note: This is the second meeting in a row where an item was added to the docket at the last minute. Hopefully, this practice will end, and only true emergencies will be included as last minute addenda to the agenda, since a sufficient review is not possible with such short notice. In fact, no resident has been able to read the enclosed references to these last minute agenda items.
No residents requested to speak.
The Council adjourned at 8:06pm.
MARCH 7, 2005
President Paul Roderiques called the meeting to order at 7:01pm. All council members were present.
Eight items on the Consent Calendar received additional comment and scrutiny.
Licenses Approved for Provencal Bakery
The Council unanimously approved a Victualling House License
and Sunday Selling License for Provencal Bakery,
Limited Business Zone for
The Comprehensive Community Plan Amendment and the Zoning Change
to Limited Business for the west side of
The old bus garage on west main road near the
Attorney Robert Silva, representing the property owner, spoke a number of times and clearly used over thirty minutes of the discussion period. Attorney Amy Rice, representing a number of abutting residents, also spoke a number of times but far less total time than her fellow attorney. These two attorneys began sniping at each other and accusing each other of misrepresenting the facts and it is amazing that the situation did not get out of control and escalate into an all out brawl. At one point, President Roderiques suggested that the Council should delay this decision until such time as commercial design standards can be developed and adopted by the Council prompting Attorney Silva to respond “that (the delay) will be a violation of my client’s due process rights.” Councilman Louis DiPalma said “it has been fifteen months, we should move ahead” and Councilman Charles Vaillancourt agreed with him. In the end, a compromise was reached whereby the Comprehensive Community Plan Amendment would become effective provided the Town has adopted criteria for Commercial Design within the next six months (if the design criteria has not been adopted, the amendment will be voided.) This compromise was unanimously adopted at 9:15pm. Councilman Edward Silveira Jr. recused himself, without explanation, on this issue involving the Comprehensive Community Plan but did not recuse himself on the Zoning Amendment below.
To protect abutting residential property owners, especially in the vicinity of the old bus garage on West Main Road (see above), the Planning Board is proposing to establish a new zone (Light Industrial Abutting Residential Districts) and the first reading of the proposed zoning amendment was held on January 3, 2005 with the second Public Hearing being held this evening. This Public Hearing resulted in more discussion by the two attorneys and numerous residents as the merits, pro and con, were discussed, especially as it pertains to a modification to allow automobile dealerships in the zoning district via a special use permit. Attorney Rice said that her clients “feel that if you don’t listen to them now (objecting to auto dealership) at this hearing, they will not be listened to at any Special Use Permit Hearing at the Zoning Board.”
On one side of the issue were residents opposed to auto
dealerships being allowed in Light Industrial zones abutting residential
zones. The basic argument being a “Not
In My Backyard” refrain and others suggesting that open space or residential
construction would be more appropriate for the
On the other side of the issue were supporters of Paul Mika
who declared him to be a “gem” in the Town with his generous charitable
donations and his highly successful and well-run
Councilman Vaillancourt proposed an amendment to allow auto
dealerships in the LI zone but the amendment was defeated on a 3-4 vote with
Council members Mello, Silveira, and Vaillancourt voting in the
affirmative. President Roderiques
explained that he was “okay with Light Industry but does not feel that auto
dealerships (in these zones) are in the best interest of
Editor’s Note: the Council received a letter from the Planning Board that indicated its action regarding the proposal of including auto dealerships in this amendment – the Planning Board voted 3-3 on the issue.
Babe Ruth Request Funds
In a letter to the Council the Babe Ruth baseball organization outlined the expenditure of funds and labors it has put into the baseball field at Berkeley Peckham Field (War Memorial Field). The backstop and fencing is in need of replacement at a cost of $10,645 and since the Babe Ruth organization does not have these funds it is asking the Town for assistance. The Council unanimously granted the request subject to the condition that Finance Director Brown verify that the construction bids are in order and the contractors adhere to the “prevailing wage” requirement of construction on public property.
Group Home Funding
The Council unanimously approved a resolution seeking increased state funding for group home students, currently set at $15,000 per student, that has not been increased for many years. Councilwoman Santos indicated that Representative Bruce Long has introduced a bill to increase this amount to $25,000 per student.
Public Safety Facility Architectural Study
Town Administrator Gerry Kempen requested Council permission to seek bids for an architectural study to determine relative costs of renovating existing police/fire stations or building new facilities. This study will be used as a baseline for determining and collecting impact fees for such construction. Resident Antone Viveiros said that the study would be a waste of money since there are more pressing needs and priorities in the school system for construction monies than in the public safety buildings. The Council unanimously granted permission to Administrator Kempen to solicit these bid proposals.
Lateness of the Hour
At 11:46pm, President Roderiques said “due to the lateness of the hour, I would like to continue all other matters to the next meeting.” At which point the Council unanimously agreed to continue items 11-28 to the next meeting.
There was no Public Forum Session and no indication whether or not any resident had requested to speak.
The Council adjourned at 11:48pm.
MARCH 21, 2005
At 7:00pm the Council Chambers were filled with an overflow standing-room-only audience. All seats were taken and each of the three walls was lined with attendees, including one entire wall lined with police officers.
President Paul Roderiques called the meeting to order at 7:02pm. Councilman Charles Vaillancourt was absent at roll call but arrived later during the Scotty’s Big Dawg’s Restaurant and Pub license hearing. President Roderiques indicated that the agenda would be conducted out-of-order by doing the ceremonial functions first so as to free up space.
Police Department Recognition
With Police Chief Anthony Pesare doing the introductions: (1) Lt. Barry Smith was honored in his retirement from the department – Lt. Smith will remain as a Special Police Officer, (2) Kelly Mitchell and Allan Garcia were promoted to Detectives, and (3) Jason Ryan, Joshua Mello, and Steven Ferreira were recognized as new hires. The ceremony included the swearing of an oath of service as read by Town Clerk Barbara Nash and the pinning of badges by family members. After these ceremonies a five minutes recess was taken to allow the Council Chambers to empty; however, there remained a full house with most seats still occupied.
Exchange Students from
President Roderiques presented a Council resolution and Town
tiles to each of seven students from
Student-Athlete Honored
President Roderiques presented a Council resolution and a Town tile to Danielle Ventura for her accomplishment of being the first female in school history to score 1000 career points for the MHS Varsity Girls Basketball team. The resolution also noted that Ms. Ventura was a serious student, a member of the National Honor Society, and ranks in the top 20% of her class academically.
President Roderiques presented a Council resolution and a
Town tile to Tracey L. Whitehead for being named the 2005 Middletown Teacher of
the Year. Ms. Whitehead is a Social
Studies teacher at
Extended Hours for Scotty’s Big Dawg’s
Restaurant and Pub
Representing himself without benefit of a lawyer, Scott McLeish applied to extend his hours of operation to 1:00am, seven days a week “like everyone else in the Town.” Abutting neighbors complained that the Pub had not complied with the restrictions imposed by the Council when it granted the license six months ago (see Middletown Newsletter 9-20-04), namely that windows be closed at 8:00pm and the door exiting into the neighborhood not be used except for emergencies. The neighbors complained of noise caused by open windows and patrons smoking in the adjacent alleyway “which will only get worse as summer approaches.” Mr. McLeish denied the charge of open windows after 8:00pm; however, he recognized that there is a problem with the door adjacent to the neighborhood, in that it cannot be locked because of the fire code, concluding with “I will have to be a little more diligent as far as the alleyway.” In the end the Council granted the extended hours of operation on a 6-1 vote with Councilwoman Barbara Barrow objecting – the restrictions regarding window closing and non-emergency door access were maintained.
The six-item Consent Calendar was adopted without comment or debate. However, Councilwoman Barrow recused herself from consent item # 6 because, as President Roderiques explained, “she had a conflict of interest with somebody on that list.”
Security Card Key Entry for Town Hall
During discussion of badges for Town employees at a previous meeting (see Middletown Newsletter 2-14-05), the Council requested the Administrator to provide information as to possible future expansion of the system. In answer to that request, Town Administrator Gerry Kempen presented the Council a card-key entry system at a cost of approximately $7000 that would allow groups to use the Town Hall without the need of an employee on overtime to open and close the facility, thereby saving approximately $3,700 per year. When President Roderiques and other council members objected to the system, Administrator Kempen quickly pointed out that the enclosed material was for informational purposes only and was not being submitted by him as a system to acquire. President Roderiques stated that “we need to stop spending money” and resident Antone Viveiros said the security system was not needed. However, Councilwoman Shirley Mello and other council members took note of the $3700 spent on overtime and suggested this money could be saved if all council members were given keys and alarm codes since one council member generally is in attendance at any meeting held in the Town Hall at night. As to the original matter of establishing a policy regarding Town employees wearing badges, this matter will be put on the agenda of next meeting.
Beach Fees Will Not Increase
The Beach Commission had recommended that the seasonal parking passes be increased $5 for residents and $10 for non-residents. Councilwoman M. Theresa Santos argued in favor of the increase stating that the last increase was in the year 2000 and monies are needed for capital improvement projects (boardwalks and decking around concession stand). With President Roderiques and Councilman Vaillancourt arguing vociferously against fee increases the Council rejected any fee increase on a 5-2 vote with only Councilwoman Santos and Councilwoman Mello voting in favor. Resident Stephen Berger argued that the Senior Citizen age be reduced to 60; however, the Council took no action on this suggestion.
The
$1 Million to fix Birchwood Manor Flooding
Problems
Finance Director Shawn Brown presented the Council a funding mechanism to allow a $1 million construction project to alleviate the flooding conditions at Birchwood Manor. The funds would come from uncommitted funds in Road & Drainage Bonds and Capital Improvement Funds as well as postponing projected 05 & 06 drainage projects. Resident Manny Mello complained about the cost of this construction stating that “we are blowing money left and right … and I can’t understand why we have to pay for a developer’s problem.” President Roderiques interrupted Mr. Mello and chastised him for his criticisms. Resident Antone Viveiros complained that “priorities continue to change.” Resident Art Benner stated that “we have let things go for too long.” In the end, the Council unanimously directed the Administrator to proceed with bid solicitations for this project.
Sidewalks for
Town Engineer Warren Hall presented the Council with a
Change Order request totaling $8828.85 to construct an additional 185’
sidewalk. The original project was to
construct a sidewalk connecting
Slate Hill Farm Water & Sewer Project
The Council unanimously approved a $57,000 contract with low
bidder Garofalo & Associates, Inc.,
Brush Cutter Purchased
The Council unanimously awarded a $13,000 contract to Bulk
Lawn & Garden Equipment,
Overhead Doors Corrected Bid
The awarded $20,212 contract to Fagan Door Corporation (see Middletown Newsletter 2-7-05) was an erroneous bid submitted by Fagan Door Corporation. The bid submitted was for eight overhead doors rather than the ten specified by the Town. Finance Director Brown suggested that the Council had three options: (1) Allow Fagan Door to correct its bid, (2) Allow Fagan Door to withdraw its bid, or (3) Cancel the contract with Fagan Door. Since Fire Chief Stephen Martin and Finance Director Brown both have conclud3ed that the error was an honest mistake, the Council unanimously agreed to amend the contract to $24,412.
Representative Bruce Long’s Communications
Representative Bruce Long spoke with regard to his written
communications to the Council. He is
working with DOT to improve safety on
Councilwoman Barbara Barrow’s Communication
Councilwoman Barbara Barrow, in a written request, asked the Council to address three issues: (1) an exemption for Church Community Housing from the recently enacted two family dwelling zoning amendment (see Middletown Newsletter 2-7-05), (2) safety issues on West Main Road near the Library, and (3) use of the old Drive-In property adjacent to Gaudet School. As for issue #1, Town Solicitor Vernon Gorton sees no need for an exemption since Church Community Housing can build the houses following current procedures. Issue #2 was addressed by Representative Long (see above). Councilman Louis DiPalma addressed issue #3 indicating that the School Committee has been discussing the use of this property for over a year.
The Council unanimously appointed the following Planning Board members, as recommended by the Planning Board, to the Aquidneck Island Planning Commission:
Beach Commission Vacancy Filled
The Council unanimously appointed Susan Darby to fill the vacancy on the Beach Commission.
Tina Dolan, Executive Director Aquidneck Island Planning Commission, requested a meeting with the Council to discuss the West Side Master Plan that has been developed over the past year. The Council agreed to such a meeting but did not establish a date at this time.
American Cancer Society – Relay for Life
Chris Tanguay, American Cancer Society, spoke to the Council
regarding the “Relay for Life” event to be held at the
Amy Murphy, Aquidneck School PTG, explained that the Parent
Teacher Group has raised $47,000 for a playground at
Community Development Block Grant Hearing
The first of two Public Hearings were held for federal Community Development Block Grant. Steve Osterguy, Church Community Housing Corporation, related the various programs that have secured these grants in the past and urged the Council to continue to support them. East Bay Community Action Program (formerly New Visions) and Housing Hotline also asked for continued support. These grants are targeted for programs that impact Low-Moderate Income families. The second Public Hearing will occur at the next meeting wherein the Council will identify the programs to endorse.
Adopt a Public Access
The Rhode Island Saltwater Anglers Association (RISAA) have
offered to adopt public right of way, Y-11, located at
More Stop Signs for
Last fall the residents of
Representative Bruce Long explained that he had introduced legislation per the request of the Middletown Town Council on the following issues:
Councilwoman Santos noted that the latter two bills were
signed by all three Middletown Representatives (Jackson, Rice, & Long)
whereas H6118 was only signed by
Keyspan LNG Requests
Christopher M. Mulhearn, representing Keyspan LNG, asked the Council to intervene in the litigation pending before the District Court. The Council unanimously decided not to intervene in these court proceedings.
Fund Balance Policy
Finance Director Brown asked the Council to establish a formal policy regarding fund balance suggesting that a minimum of 8% and a maximum of 16% Unreserved Undesignated General Fund Balance be maintained. The Council received the communication and directed that an ordinance be prepared for the next meeting.
Investment Policy Change
The Pension Trust Fund Advisory Committee recommended changes to the Investment Policy that will slightly decrease Domestic Equity and slightly increase International Equity. The Council unanimously approved these changes.
Unchanged Zoning for Adult Oriented
Businesses
The Council received a communication from the Planning Board indicating that further zoning restrictions for adult oriented businesses would be unwise and probably not legally defensible. The Planning Board recommended on a unanimous vote that the Town Council “take no further action with regard to this matter at this time.” Editor’s Note: the Council had previously asked the Planning Board for its recommendation to further restrict zoning for these establishments
Zoning Ordinance Review Committee
Established
Seven applicants were received for the four positions identified on the newly created Zoning Ordinance Review Committee. Since all seven applicants were outstanding members of the community, the Council decided to expand the committee and appoint them all. The committee will now consist of the Town Planner, Town Building Officer and the following:
Editor’s Note – Robert Silva will seek a ruling from the Ethics Commission as to whether he has a conflict of interest in serving on this committee.
Sunday Selling Licenses Approved for Liquor
Stores
The recent removal of all state “Blue Laws” results in
package stores being able to sell alcohol on Sundays. Three of
Backstop Fencing for Babe Ruth Field
Approved
Since the Town of
Manny Mello was the only resident to speak during the
public forum session and lambasted the Council for allowing so many change
orders in construction contracts, citing over $500,000 on
The Council adjourned at 10:53pm and entered Executive Session in order to discuss land acquisition (Navy Privatization).
APRIL 4, 2005
Since the 6:30pm Executive Session had concluded early, all council members were seated at the dais at 6:55pm. In the absence of President Paul Roderiques, Vice Chairman Charles Vaillancourt presided and called the meeting to order at 7:01pm.
Executive Session
The first order of business was to reconvene from the Executive Session held to discuss potential litigation, land, business (Navy privatization). The Council then unanimously voted to proceed “with Church Community Housing Corporation” and then voted to seal the minutes of the Executive Session.
The only comment on the seventeen-item consent calendar was to correct the minutes of a previous meeting wherein the previous Vice Chairman Allen had been mistakenly identified as the current Vice Chairman Vaillancourt. Councilwoman Barbara Barrow had recused herself from voting on item #16 (Renewal of Amusement Licenses) without explanation.
Beach Manager Introduced
Recreation Director Tim Shaw introduced Nehru King as the
newly hired Beach Manager explaining that Mr. King was a teacher at Roger’s
High School and had previously been a beach manager at
“Before we waste too much time”, began Vice Chairman
Vaillancourt and asked for an update on the
Senior Prom Gets $200
The Council unanimously donated $200 to the MHS Senior Post Prom Committee. This is the same amount that the Council has donated in previous years.
Youth Soccer Group Seeks Workshop
Glenn Smith, speaking for the Middletown Youth Soccer Club (MYSC), presented the Council with a spread sheet of cost estimates for the Wyatt Road Soccer Complex construction project (see 2-7-05 Middletown Newsletter). Rather than requesting the funds at this time, however, Mr. Smith was seeking a workshop with the Council to discuss the plans with the Council. Apparently DEM is willing to grant a “waiver of retroactivity” that would allow eventual grant money to be applied to a project that commences prior to a grant award. MYSC therefore suggests that the “best of both worlds” exists whereby the construction could begin immediately while the grant proposal is submitted. Open Space & Fields Committee Chairman Mason Hawes
Spoke and indicated that this project was the number one priority of his committee. The Council agreed to hold a workshop on this issue and later in the meeting established the date and time as Monday, April 11 at 6:30pm.
Sakonnet Greenway Trail
The Aquidneck Land Trust is attempting to construct a 7-mile
pedestrian and bridal path linking the Town of
Open Space & Fields Committee Chairman Mason Hawes explained that his committee endorses the Trail project with five conditions
A representative from the Newport Gun Club indicated that safety from stray bullets onto the Trail should not be a problem since a steel barrier has already been erected to prevent such stray bullets entering the recreational complex. However there is a concern that gun shots may spook horses using the trail and he suggests that signs be erected to inform horse riders of that situation.
The Council decided to discuss this trail proposal during the same workshop established for the Wyatt Road Soccer Complex (see above) and invite the Aquidneck Land Trust, the Open Space & Fields Committee, and the Newport Gun Club to the meeting.
Third Beach BBQ Approved
The International Yacht Restoration School (IYRS) requested
permission to use
The Council unanimously established a special revenue fund
whereby the monies derived from the lease agreement with East Bay Community
Action Program (formerly New Visions) would be placed (see 3-21-05 Middletown Newsletter). These monies would only be expended for major
capital improvement projects on the
Fund Balance Policy
The Administration proposed a Fund Balance Policy whereby the Town would maintain a minimum eight (8) percent and a maximum sixteen (16) percent of the general fund as Unreserved and Undesignated. These Unreserved Undesignated Funds could be used for any of the four following reasons:
Resident Ronald Santa spoke first inquiring as to what the percentages translate into today’s dollars and how much is the existing Unreserved Undesignated Balance. Eight percent translates to $4.5 million, sixteen percent translates to $9 million, and the current amount is $4.8 million which Finance Director Shawn Brown indicated was an “adequate amount.” Mr. Santa then suggested that the Town is far better off with an Unreserved Undesignated Balance but remembers that it was not very many years ago that this balance was zero and consequently the taxpayers have paid an additional $4.8 million in taxes over the previous years to bring the amount to today’s level. Now the Town is requesting that the taxpayers pay an additional $4.2 million over the next few years so that a “bigger” reserve can be established. Mr. Santa objected to this proposed policy and suggested that the upper limit for the reserve be set at a more reasonable ten (10) percent figure, rather than the proposed sixteen (16) percent.
The Council received the proposed ordinance on its first reading and will likely adopt it, with or without amendments, at the next meeting. Editor’s Note: See Middletown Newsletter Editorial 4-5-05.
Sanitary Sewer Improvements –
The Council unanimously awarded a $90,600 contract to
Insituform Technologies, Inc.,
The Council awarded a $176,769.36 contract to LAL
Construction Co., Inc,
False Alarm Ordinance
Police Chief Anthony Pesare presented the Council a report of false alarms and proposed an ordinance to charge residents and businesses for false alarms in excess of three in a six month period. In 2004 the police responded to 929 alarms for which 857 were false alarms. Of these false alarms 656 were from businesses, 175 were residential, and 26 were panic/hold-up alarms. Chief Pesare proposed an ordinance that would create fines for false alarms:
With Vice Chairman Vaillancourt indicating that “three false alarms is more than fair”, the Council referred the matter to the Town Solicitor to draft a proposed ordinance.
Summer Recreational
Recreation Director Tim Shaw proposed that the fees for the
summer camp program not be increased this year; however, that a 2-week session
be added ($89.25 Full Day Resident, $210 Full Day Non-Resident, $51.25 Half Day
Resident, and $120 Half Day Non-Resident).
The Council unanimously approved the new two-week session pricing
structure. As for another proposal by
Recreation Director Shaw to charge fees for group use of town facilities (
IT Committee
Information Technology Advisory Committee Chairman Stephen Arendt presented the Council with a proposed Mission Statement for his committee. Mr. Arendt praised the work of his committee and the cooperation that has existed among all members and stated that it is amazing how much is being accomplished by “a committee that does not have a budget.”
Badges for Town Employees
On a 5-1 vote the Council approved a badge policy that will
require all Town employees to wear Official Photo Identification Badges while
performing Town business - the exception being anyone wearing a uniform that
identifies them as a Town employee in which case that employee must carry the
Official Photo Identification Badge on their person. Councilwoman M. Theresa Santos voted against
the badge policy and even voted against receiving it onto the agenda stating
that
Memorial Policy Adopted
Councilman Louis DiPalma, as liaison to the Open Space &
Fields Committee, presented the Council with a proposed Memorial Policy. The Council had charged the Committee to
develop such a policy (see 12-06-04 Middletown Newsletter) as a response to a
request to name the Middletown Recreational Complex on
Handbook for Boards, Committees, and
Commissions Adopted
The Council unanimously adopted a Handbook for Boards, Committees, and Commissions. The handbook describes appointment, authority, attendance, replacement, conduct of meetings, etc.
Zoning Amendment to Increase Hotel Room
Density
Attorney Robert Silva, representing Robert Kempenaar II, submitted a proposed zoning amendment to change the hotel room density. The Council referred the matter to the Zoning Board for its comment and ordered the zoning amendment advertised for Public Hearing.
Stop Signs
Upon recommendation by the Police Department, the Council received on its first reading and will likely adopt on its second reading at the next meeting an ordinance to erect stop signs at the following:
Upon recommendation of the Police Department, the Council adopted on its second reading an ordinance to erect stop signs at the following:
Handicapped Parking Space –
Upon recommendation by the Police Department, the Council received on its first reading and will likely adopt on its second reading at the next meeting an ordinance to relocate the handicapped parking space from 10-A Woolsey Road to 4-A Woolsey Road since resident Eleanor Weston has moved to the new address.
Town Hall Sign
A letter from resident Beth Everett,
Relocate Utility Pole on
Upon recommendation of the Roads & Utilities Commission,
the Council approved the relocation of a utility pole on
Zoning Board Appointments
Councilwoman M. Theresa Santos was the first to attempt to gain Chair recognition to introduce nominations for Zoning Board appointments; however, Vice Chairman Vaillancourt ignored her request instead asking Councilman Edward Silveira Jr. to submit his nominations. After Councilman Silveira submitted his nominations, Vice Chairman Vaillancourt asked if there were any other nominations to which Councilwoman Santos replied “Why bother?” The Council thereupon made the following appointments to the Zoning Board:
Editor’s Note: The order in which nominees are made determine the order in which votes are cast for appointments. Rather than accepting Councilwoman Santos nominees and having the Democrats voting against them, Councilman Vaillancourt chose to ignore Councilwoman Santos and thereby vote affirmatively for the Democrat slate proposed by Councilman Silveira. Although Councilman Vaillancourt violated Robert’s Rules of Order by refusing to recognize Councilwoman Santos, the appointments will remain.
The Open Space & Fields Committee has established a subcommittee to consider utilization of the Valley land and has invited private citizens to participate. The Council unanimously voted to appoint all the people who applied:
Manny Mello was the only resident to speak during the
public forum session and criticized the delays in correcting the
The Council adjourned at 8:24pm.
APRIL 18, 2005
The Town Council is again holding its Executive Sessions in the Council Chambers, with the door locked, prior to the regular meeting. As a result about twenty-five attendees were left standing outside until the doors were finally opened at 6:58pm. President Paul Roderiques called the meeting to order at 7:07pm. Councilwoman Shirley Mello was absent. Editor’s Note: see previous Middletown Newsletter Editorial dated 1/4/05.
Executive Session
The first order of business was to reconvene from the Executive Session held to discuss “personnel Town Administrator), potential litigation, land, business (Navy Privatization) and collective bargaining (Police Captains Contract).” Two motions were then unanimously approved: (1) meetings between GMH and Church Community Housing must have a Town Council representative present and (2) Attorney Teitz services to be acquired to support mixed used zoning. The Council then unanimously voted to seal the minutes of the Executive Session.
The consent calendar was unanimously adopted without comment.
Fire Marshall Introduced
Swearing-in ceremonies for Firefighter Thomas C. Karovitz as the Town’s new Fire Marshall were held. Town Clerk Barbara Nash administered the oath and his daughter pinned the new badge on Fire Marshall Karovitz. Fire Chief Stephen Martin said a few words in praise.
Fourth Grade Teacher Honored
Deanne Reilly, 4th grade teacher at
Gymnast Gets $250
Rachel Correia, senior at
Sunday Selling Licenses
The Council unanimously granted Sunday Selling Licenses to the following:
Carol Cummings requested to speak on the matter of the
recent name change of
Street Name Changing Policy
Immediately following the
Public Right to Speak
Antone Viveiros asked the Council to adopt a new procedure to allow citizens to speak on Consent Calendar agenda items explaining that he had been denied three times in the last few years: once by President Michael Kehew, once by President William Flynn, and once by Vice Chairman Vaillancourt. When Mr. Viveiros had finished, Councilman Vaillancourt began a tirade against Mr. Viveiros’s Letter to the Editor on this subject and a harangue against the Newport Daily News for printing it. Resident Ronald Santa then spoke, indicating that he has been attending Council meetings since 1971 and might be considered an expert on the subject. In all those years Mr. Santa has spoken before the Council “hundreds, maybe even thousands of times, many of which were on Consent Calendar items” and never in years past was he prevented from speaking. It is therefore troubling in a democracy, he said, to have governmental bodies erect barriers to citizen participation in their government. President Roderiques agreed and stated that “people should be heard if they want to be.” No action was taken by the Council at this time. Editor’s Note: it will be interesting when next Mr. Viveiros, or any other citizen, is prevented from speaking before the Town Council.
Attorney General Seeks
In a letter to the Council, Attorney General Patrick Lynch
requested financial support to hire
Soccer Fields to be Built
The Council formally received and unanimously adopted a Master Plan for the Wyatt Road Soccer Complex. Additionally the Council unanimously approved a resolution authorizing the Finance Director obtain financing for the construction using Open Space Bond Funds.
Representative Bruce Long, referring to numerous phone calls
and letters regarding traffic congestion caused by the
In a letter to the Council, Representative Amy Rice
indicated that the matter of flashing lights for
Birchwood Drainage Project Approved
The Council unanimously awarded a $695,000 contract to East
Coast Construction,
Rezoning Plate 111, Lots 9 & 10
Three meetings ago the Council approved a zoning change to
Light Industry for the old bus garage on
Fund Balance Policy Approved
On its second reading, the Council unanimously adopted the proposed Fund Balance Policy as presented by the Administration without amendment. Resident David Levine “raised a cautionary voice” stating that “this is a ticking tax item.” Resident Antone Viveiros said that the “16% maximum is quite high” and 10% might be more realistic, something that Resident Ronald Santa had proposed at the last meeting. Councilman Louis DiPalma stated that “without such a policy our bond rating could be impacted.” Administrator Kempen said that the Fund Balance provides “needed cash flow.” Finance Director Shawn Brown cited the following figures for the fund balance: $129K in 1989, $923K in 1994, $129K in 1999, and $4.8M today. Finance Director Brown further explained that the fund balance is a segment of the General Fund and results from yearly operating budget savings.
Stop Signs
Upon recommendation of the Police Department, the Council unanimously adopted on its second reading an ordinance to erect stop signs at the following:
Handicapped Parking Space –
Upon recommendation by the Police Department, the Council
unanimously adopted on its second reading an ordinance to relocate the
handicapped parking space from
No residents requested to speak at this meeting.
The Council adjourned at 9:27pm.
MAY 2, 2005
The doors to the Council chambers were opened at 6:50pm. Vice Chairman Vaillancourt called the meeting to order at 7:02pm. President Paul Roderiques was absent.
Executive Session
The first order of business was to reconvene from the Executive Session held to discuss “land acquisition (Open Space).” The Council then unanimously voted to seal the minutes of the Executive Session.
Three items on the consent calendar received additional scrutiny.
Licenses Approved
The Council unanimously approved the renewal of a Sunday
Selling license and a Hawkers license for Telly & Elizabeth Amarant for use
at
An engineer from the Department of Transportation spent nearly an hour answering questions about the East Main Road Construction project:
Two residents of
Representative Bruce Long indicated that there are no easy solutions to the problems created by this construction project. The only solution to alleviate business loss would be nighttime construction and DOT is willing to pursue nighttime construction provided the Town Council supports the concept. Without taking a vote, Councilman Vaillancourt indicated that nighttime construction would be too burdensome on the abutting neighborhoods and the Council did not lend support to this concept. Councilwoman Shirley Mello offered a proposal to extend the construction day stating “there are 12 hours of daylight, we should use all 12 hours (for construction).” DOT indicated that 12-hour construction days might be possible.
Water Line -
Last year the Council rejected a water line from Island Farm
to Slate Hill Farm ending with a fire hydrant (this project was proposed as
part of a settlement agreement for a pathway connecting Island Farm and Slate
Hill Farm – the settlement agreement stalled and the water line was
cancelled.) Administrator Kempen, citing
the Bond Referendum to install water at Slate Hill Farm, said that the Newport
Water Department does not like to install dead-in lines but prefers loops, and
therefore a connection to the
Comprehensive Community Plan Amendment
Properties on the north side of
Rezoning Request
A recent discovery identified an error in the zoning map
whereby
Neighborhood Opportunities Program
The Council unanimously approved a resolution supporting the Neighborhood Opportunities Program and asking the Town’s delegation to support bills H5175 and S0651 that appropriates $7.5 million for this project. In the past this program had been funded at $5 million per year and “has provided deep subsidies making over 500 units of housing affordable to persons working full-time at minimum wage or permanent supportive housing to person with disabilities.”
J. Clement Cicilline requested Council support of Senate
bill S1005 which will adjust the property tax exemption for the
Street Name Changing Policy
The Street Name Change Policy was again before the Council with four revisions made by the Solicitor. Councilwoman Santos attempted to quell discussion on this matter since Roberts Rules of Order prevent further discussion on a defeated motion unless reintroduced by a member who voted on the prevailing side (see 4/18/05 Middletown Newsletter) . Assistant Town Solicitor Richard D’Addario, however, ruled that since there were significant changes in the proposed policy, the issue was a brand new issue and should be treated as such and was available for Council consideration. The Policy was adopted on a 4-2 vote with Councilwoman Barrow and Councilwoman Santos opposed.
Editor’s Note: It is the opinion of the Middletown Newsletter that Solicitor D’Addario was wrong in his interpretation of Roberts Rules of Order; else minor amendments could be used to circumvent the conduct of meetings and make a mockery of the democratic process. Simply waiting for the right quorum and the right members being absent to reintroduce a defeated motion in order to get it passed is a sham!
Zoning Board
Wants an Additional Member
John West, Zoning Board Chairman, asked the Council to seek
legislation to expand the Zoning Board to include an additional third alternate
member. With such an additional member
“there will be much less possibility of meetings being cancelled because of a
lack of a quorum.” Councilwoman Mello
questioned the dedication of Zoning Board members that has resulted in meeting
cancellation and Councilwoman Santos requested a list of the attendance record
of these members. The motion to support
such legislation was defeated on a 3-3 vote with Councilwomen Barrows, Mello,
and
Kitesurfing
Ordinance
The Council received on its first reading an ordinance to
allow kitesurfing at Second and Third Beaches on a non-interference basis with
swimmers. A member of the Rhode Island
Kitesurfers Association spoke in support of the ordinance.
Rian Wilkinson, Chairman Beach Commission, indicated support
of Administrator Kempen request for funding a study of the
Stop Signs
Upon recommendation of the Police Department, the Council unanimously received on its first reading an ordinance to erect stop signs at the following:
The Council will likely adopt the ordinance on its second reading at the next meeting.
Tank Truck
Given to
Stating that the truck is difficult to drive, requires $4000
repairs, and is not needed by the Public Works Department, Fire Chief Stephen
Martin recommended disposing of a surplus tank truck by giving it to
Sewer Pump Purchase Approved
The Council unanimously awarded $31,866 to Godwin Pumps, NJ for the purchase of a mobile sewer pump.
Tree Trimming and Removal Contract
The Council unanimously awarded a contract for Tree Trimming
& Removal to Samuel Kinder & Brother,
Lighting Approved for West Main Road Softball Field
The Council unanimously approved $117,000 to E. W. Audet
& Sons,
Budget Transfers
The Council unanimously approved line item transfers in the following budgets:
One resident addressed the Council during the public forum session:
Ronald Santa questioned when the Town was going to
complete work on
The Council adjourned at 9:23pm.
MAY 16, 2005
With Council chambers doors closed and locked and with residents, lawyers, and other meeting attendees standing in the hallway and outside the building, the Council met in Executive Session. The Council chamber doors were finally opened at 7:01pm and attendees were allowed to enter and take a seat. President Paul Roderiques called the meeting to order at 7:05pm. All council members were present.
Executive Session
The first order of business was to reconvene from the Executive Session held to discuss “potential litigation, land, business (Navy Privatization) and collective bargaining (Public Works).” The Council then unanimously voted to seal the minutes of the Executive Session.
The six-item consent calendar was adopted without debate;
however Councilwoman M. Theresa Santos inquired as to why the Council had
received notice of a zoning board hearing for a variance to construct a second
floor addition at
Middle School Students Receive $250 for Trip
Mary-Beth Connerton requested financial support to help
defray expenses for travel to
Middle School Spring Sports Receive $2000
Last year the Council donated $2000 from Parks and
Recreation Budget to establish spring sports (baseball and softball) at the
NAACP Golfing Fundraiser Receives $100
The Newport County Branch of the National Association of Colored People (NAACP) requested the Council to sponsor a Tee at its Seventh Annual Golf Tournament to be held on Saturday, June 11, 2005. As has been done in the past, the Council unanimously donated $100 to sponsor a hole.
Zoning Amendment Motels/Hotels
The first reading and public hearing was held for a zoning
amendment to establish a minimum lot area of 1000 square feet per hotel/motel
room/unit. Attorney Robert Silva,
representing Robert Kempenaar, explained that minimum lot area for
motels/hotels vary within the zoning ordinance based upon the zoning district. In an attempt to “establish a standard of
uniformity” and make
Assistant Town Solicitor Richard D’Addario answered in
writing the Council’s question regarding restrictions placed upon the Aquidneck
Shopping Center as it pertains to entrance/exit at the extreme east end stating
that a condition for the expansion to include Starbucks requires the shopping
center to prohibit left hand turns while exiting the eastern-most access
point. Assistant Solicitor D’Addario
could find no restriction imposed upon traffic entering the shopping
center. Since it is the traffic heading
west on
Zoning Board to
get an Additional Member
Councilwoman Shirley Mello asked to “reconsider” the issue
of adding an additional member to the Zoning Board – an issue that she had
voted against at the last meeting where it had been defeated on a 3-3
vote. Councilwoman Mello explained her
change of heart and her vote as “it is not fair to penalize the Public for
people (on the Zoning Board) who are sick” and added that she should have voted
to continue the matter at the last meeting rather than voting to deny. Councilwoman M. Theresa Santos, referencing
the attached data of attendance, stated that four Zoning Board meetings were
cancelled last year due to a lack of a quorum and said that “people (board
members) should resign if vacations or illness interfere with their civic duty”
and added that “it is not fair to the residents of
Pension Fund and 5.5% Cap
Councilman
Charles Vaillancourt had requested an agenda item to discuss increased funding
for pensions and approval to exceed the 5.5% cap on tax increases for next
year’s budget. Councilman Vaillancourt
began by stating that the initial numbers came in “staggering” suggesting that
the 5.5% Cap would have to be exceeded; however, “recent revised numbers are
favorable and we won’t need to seek authorization to exceed the cap this
year.” However, a new state law
regarding pension funds will create a significant financial problem for the
Town in the next 3-4 years and Administrator Kempen was asked to explain the
problem. Although
Public
Participation re Consent Calendar
In June 1980, the Council adopted a resolution establishing a Consent Calendar for the Council docket whereby “routine and noncontroversial” items could be dispatched quickly thereby increasing the efficiency of meetings. In recent years Antone Viveiros has been denied a right to speak on some Consent Calendar items in what some have claimed has been a “misunderstanding” or “miscommunication” but others feel have been a deliberate attempt to prevent discussion. In an attempt to avoid future “misunderstandings or miscommunications”, Resident Antone Viveiros proposed a procedural change to the Council whereby the Public Participation Form be amended to include a line for Consent Calendar items thereby automatically giving a citizen the right to speak upon a consent calendar item without the necessity to get an individual council member to move to remove the item from the consent calendar and move to allow the citizen to speak. This proposal by Mr. Viveiros was championed by Councilwoman Santos and a motion to that effect was voted upon. This motion was defeated on a 3-4 vote with only Councilwoman Barrow, Councilwoman Mello, and Councilwoman Santos voting in the affirmative. During the discussion, Resident Ronald Santa spoke in support of the Viveiros proposal indicating to the Council that the number of consent calendar items that this effects is minimal, probably less than 1% of the items, as exemplified by the fact that none has requested to speak on any of the items on this meeting’s calendar. Mr. Santa suggested that by the simple act of a citizen wanting to talk on the consent calendar item clearly demonstrates that the issue is NOT “noncontroversial and routine” and therefore shouldn’t be a consent calendar item by its very definition! Editor’s Note: see Middletown Newsletter Editorial 5/17/05.
Kitesurfing
Ordinance
The Council unanimously adopted on its second reading ordinances to allow kitesurfing at Second and Third Beaches on a non-interference basis with swimmers.
Stop Signs
The Council unanimously adopted on its second reading an ordinance to erect stop signs at the following:
No residents requested to speak.
The Council adjourned at 8:13pm and entered Executive Session in order to discuss personnel (Library); however, since no one from the Library was here the Council immediately ended its Executive Session without anyone leaving the Council Chambers.
Budget Hearing Dates
MAY 31, 2004 BUDGET PUBLIC
HEARING #1
President Paul Roderiques called the meeting to order at 6:02pm. Councilman Charles Vaillancourt was absent.
Many seats were empty as the attendance was the smallest in many years.
President Roderiques began by announcing that there would be three separate public hearings, one each for the General Fund (Town/School) Budget, Parks & Recreation Budget, and Sewer Budget. A brief introduction was provided by Town Administrator Gerry Kempen wherein he revealed that the proposed Town budget has a 3.5% increase, the School budget has a 5.5% increase, with a resulting requirement of a 4.7% increase in the tax rate. A brief notation was made by the School Department in which the uncertainty of the amounts for Federal and State aid was identified. After these brief remarks, the Public Hearing was opened and a few residents spoke and asked questions. Six residents addressed the General Fund Budget and this portion of the meeting was closed at 7:38pm with the Council receiving the General Fund Budget on its first reading. The Public Hearing on the Parks & Recreation Budget was then opened and three residents addressed that budget. This Public Hearing ended at 7:53pm and the Council received this budget on its first reading. Five residents then addressed the Sewer Budget and the Public Hearing was closed at 8:12pm with the council receiving the Sewer Budget on its first reading. With its work completed, the Council adjourned at 8:13pm.
1. Ronald Santa spoke on the “Undesignated Fund Balance” of $5,000,000 that the Town currently maintains. While agreeing that a rainy-day cushion is a good thing, Mr. Santa said that this $5 million was accrued over the last five years by having a $1 million surplus in each of the fiscal year budgets. Mr. Santa maintains that this excess $1 million exists in the current budget and if not deleted by the Council will result in the “Undesignated Fund Balance” growing by another $1 million this year. Rather than padding the bank account again, Mr. Santa suggested that the $1 million be deleted from the budget thereby reducing the necessity of raising taxes. Editor’s Note: Deleting $1 million from the proposed budget would translate to a 50¢ saving on the tax rate, requiring only a 25¢ tax rate increase rather than the 75¢ tax rate increase being proposed.
2. Antone Viveiros spoke briefly on the fund balance issue as well but primarily addressed the budgeting process itself. Stating that the budget begins with the “Actual expenditures” from last year, rather than last year’s approved budget figures, resulting in a deception in the advertised budget increase. For example, the School budget is said to be a 5.5% increase; however, that is 5.5% over last year’s actual expenditures, but last year’s actual expenditures were 2% higher that the amount approved for last year’s budget. Mr. Viveiros contends that the real increase for the School Budget is 7.5% since this is the additional amount being requested over the amount granted at last year’s budget hearings.
3. Elizabeth Bozyan specifically questioned the impact of the School Budget on residential taxes wanting to know exactly how much of a tax rate increase on residences would be needed to support the school budget. The answer received was an increase of 6.6%.
4. Art Benner claimed that the School Department “always uses inflated numbers” and advocated that past budgets be compared to accurately access proposed increases. As an example he cited the medical insurance line item which was listed as $2,050,058 in 2003-2004 and is proposed for $3,017,543 for 2005-2006. Mr. Benner stated that a 50% increase in two years is excessive. School Superintendent Rosemary Kraeger responded that the low figures for 2003-2004 were the result of large staff reductions in that year.
5. Elizabeth Ivy related the history of the nursing profession and how cuts and reductions in the 1970’s have resulted in the deterioration of the health care industry today and the shortage of nurses. Prodding the Council to “think twice before teacher bashing” else a similar result may occur in our public education system.
6. Liz
Drayton urged support of the School Budget indicating that her daughter is graduating
this year and has received a “great education” in
1. Ronald
Santa addressed the “Undesignated Fund Balance” of $500,000 that the Town
recently maintained until spending $125,000 for lighting at the softball field
on
2. Antone Viveiros stated that “the more money we take in, the more money we spend.”
3. Art Benner cited the Recreation Department as having $97,000 more in expenses than in revenues and “hoped that next year it will be more self-supporting.”
1. Ronald Santa queried the amount of “Undesignated Fund Balance” in this budget, receiving the reply that by State Law no such balance can be maintained.
2. Antone Viveiros complained of a double charge occurring on sewer construction projects. While construction is occurring, he maintains, sewer fees are increased to pay for the construction bond; however, when sewer-line abutters subsequently pay the construction costs, over a twenty year period, the sewer fee increase is not reduced; thereby producing the double charge.
3. Art Benner, citing the $150,000 expense for “Computer and Network Equipment”, questioned whether this was the Skater System and, if so, what is the status. The response was that there has been a delay in instituting this Skater System; however, it will probably be installed by next year. The Skater System allows remote and real-time monitoring of the pumping stations, thereby allowing more rapid repairs when trouble occurs.
4. Henry
Biastre spoke regarding the Wave Avenue Pump Station and the overflow
conditions there asking “every time it rains are you going to send those trucks
down there” at a cost of $100 per hour.
Administrator Kempen explained that the Town is under orders from the
DEM to prevent overflows into
5. Antone Viveiros supports solution #1 above but complained that “Things (being fixed) are so slow.”
DISCLAIMER: The preceding account is a synopsis of the comments made by the residents. Every effort was made to identify each speaker and their comments accurately; 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 6, 2005
After a moment of silence honoring the men who died on D-Day 61 years ago, President Paul Roderiques called the meeting to order at 7:02pm. All council members were present.
One item of the fifteen-item consent calendar received
additional scrutiny. President
Roderiques questioned the accuracy of a letter from the RIDOT outlining the
agreed upon modifications to the construction work on
Public Safety Facility Architectural Study
In March the Council authorized the Administration to
solicit bids for an architectural study to determine relative costs of renovating
existing police/fire stations or building new facilities (see Middletown
Newsletter 3/7/05). Four companies
submitted bids ranging from $9,750 to $25,000 and the Council unanimously
awarded the contract to the low bidder – Lawrence Associates,
Sunday Selling License for FedEx Kinko’s
The Council unanimously granted a Sunday Selling license to
FedEx Kinko’s
Annual Bird Ball License Approved
The Council unanimously approved an Amusement License for
the Norman Bird Sanctuary,
MHS Junior Prom Receives $200
The Council unanmiously gave $200 to the Middletown High School Junior Prom to help defray the cost of the “after the prom party” on May 20th. This amount is the same amount given last year and the same amount given to the Senior Prom.
Zoning Amendment Motels/Hotels
The second reading and public hearing was held for a zoning amendment to establish a minimum lot area of 1000 square feet per hotel/motel room/unit. With no one speaking at the public hearing and with endorsements by the Planning Board, the Newport County Convention & Visitors Bureau and the Newport County Chamber of Commerce, the Council unanimously approved the zoning amendment.
Senior Independent Living Development
A 62-unit senior independent living development off
The developer does not want to construct the connecting road nor pay for any traffic survey pertaining to the connecting road but has agreed to provide an easement to the Town for a right-of-way for the connecting roadway. Had this development been a normal single-family residential development, the Town would have been in a position to require the developer to construct the connecting roadway as part of the development project; however, since it is a special development for senior independent living the Town does not have the option to constrain the developer in this fashion.
The Planning Board was seeking Council permission to conduct a traffic study (cost $6000-$8000) to determine the impact of constructing the connecting roadway while leaving the roadway construction for a future Town construction project. Without discussing the plan itself for the proposed connecting roadway, the Council unanimously granted permission for the traffic study on the condition that the developer pay 50% of the cost of the traffic study, a requirement that Town Solicitor Vernon Gorton was hesitant to state that the Council had the legal ability to require. Councilman Charles Vaillancourt stated that “the applicant was being generous in offering the easement” and hopes that he will pay his share of the traffic study.
Comprehensive Community Plan Amendment for
The Planning Board is proposing a Comprehensive Community
Plan Amendment which will change the land use designation on the east side of
Wastewater Agreement $1,980,073.21
The City of
On a unanimous vote the Council awarded an $86,140 contract
to C & E Engineering Partners Inc.,
Another Information Technology Study
Councilman Louis DiPalma proposed and the Council unanimously approved a review of the entire Town Information Technology systems in an aim toward consolidation and sharing of computer services (Town, School, & Library) thereby providing increased services to the residents and possible cost savings. This study shall be conducted entirely with Town employees (no consultants) and will have no impact upon the budget. Although Councilman DiPalma’s original motion established a deadline of August 26 for the report, the end date was eventually left flexible.
Stop Signs Reconsidered
At the last Council meeting, an ordinance was established
that would erect stop signs at
Resident Antone Viveiros submitted a proposal for an ordinance to require bond monies to be used only for the exact project described in the referendum and that any monies remaining and/or reimbursements or grant monies shall be applied directly to reduce the cost of the bonding. This proposal was identical to the proposal he made in January that had been referred to the Solicitor for an opinion (see Middletown Newsletter 1-18-05). Solicitor Gorton apologized for not getting back to Mr. Viveiros and explained that he had sent a letter in April to Bond Consul asking for an opinion as to the impact of future Town borrowing if such a proposal was to be enacted. Bond Consul has not yet responded to Solicitor Gorton’s letter and Solicitor Gorton agreed to follow up the request.
Manny Mello Speaks Out on
Resident Manny Mello stated that the bond money and proposed upgrade to the Wave Avenue Pump Station will not solve the problem. Citing last Saturday’s 24-hour shutdown that created a 2 million gallon spill into the ocean, Mr. Mello said that DEM is not going to tolerate any more such spills and “is going to be on the Town for big money (in fines)”. Mr. Mello suggested that the needed solution is an underground million-gallon storage tank for overflows when the pump station is shut down.
Appointment to Personnel Review Board
The Council unanimously appointed Claire Pimentel to the Middletown Personnel Review Board upon recommendation of the Middletown Republican Town Committee. Since this is a bi-partisan board and two Democrat appointments already sit upon the board, a Republican appointment is required. Consequently no wrangling occurred for this appointment and Democrat Councilman Vaillancourt made the motion for appointment.
One resident requested to speak.
Lynn Bricker, a direct abutter to Scotty’s Big Dawg Restaurant and Pub,
attempted to complain of the continued use of the emergency door whereby
patrons are smoking and swearing in the alleyway adjacent to her home. Ms. Bricker’s complaint was shortened by
Councilman Vaillancourt who suggested that the business proprietor should be in
attendance during any hearing of complaints.
President Roderiques then asked Ms. Bricker to provide a written
complaint to Administrator Kempen so that a proper hearing might be
instituted. Editor’s Note: since no action is required by the Council on any
subject discussed during the Public Forum Session, Ms. Bricker’s speech should
not have been curtailed at this time. If
it turns out that the Council does not conduct a Show Cause Hearing on the
liquor license, then Ms. Bricker will not have been allowed to vent her anger,
something the Public Forum Session is designed to allow.
The Council adjourned and entered Executive Session in order
to discuss litigation (
Budget Hearing Dates
2nd Public Hearing Tuesday, June 7 6:30pm Town Hall
JUNE 7, 2004 BUDGET PUBLIC
HEARING #2
President Paul Roderiques called the meeting to order at 6:32pm. Councilman Charles Vaillancourt and Councilman Louis DiPalma were absent at roll call. Councilman DiPalma arrived at 6:45pm and Councilman Vaillancourt arrived at 6:55pm.
Attendance was less than last week as the residents and taxpayers barely outnumbered Town employees. Approximately fifteen residents/taxpayers were in attendance at the start of the meeting and only four remained at the start of the second budget hearing.
President Roderiques began by announcing that there would be three separate public hearings, one each for the General Fund (Town/School) Budget, Parks & Recreation Budget, and Sewer Budget. A brief introduction was provided by the School Committee explaining that this was a “lean budget” containing a 2.28% increase in the operating budget but the required surcharge for the pension system results in a total 3.52% increase. Also noted was the fact that over the next couple of years five contracts will be negotiated. President Roderiques recognized the hard work by the School Committee has made in “holding the budget line.” After these brief remarks, the Public Hearing was opened and a few residents spoke and asked questions. Four residents addressed the General Fund Budget and this portion of the meeting was closed at 7:36pm with the Council receiving the General Fund Budget on its second reading. The Public Hearing on the Parks & Recreation Budget was then opened and two residents addressed that budget. This Public Hearing ended at 7:48pm and the Council received this budget on its second reading. One resident then addressed the Sewer Budget; however, Council members asked a number of questions. The Public Hearing was closed at 7:59pm with the council receiving the Sewer Budget on its second reading. The Council then discussed the procedure for adopting these budgets, deciding to hold a Workshop on June 15th wherein additions/subtractions to the budget will be made and adopting the budget on June 22nd. Both budget meetings will be held at 6:30pm. Editor’s Note: the Middletown Newsletter will not report either of these meetings.
With its work completed, the Council adjourned at 8:03pm.
7. Rosemary
Davidson, a school guidance counselor, spoke in defense of her job stating that
if the school budget was cut, guidance counselors are the first on the chopping
block. Ms. Davidson explained that there
are 146 files in the guidance office with 95 students receiving special
services and added that “we have everything at
8. Manny
Mello stated that he has been an advocate for the schools for many years “but I
don’t know what has happened – the budget is out of line.” He added “why does our budget continue to
grow, when the number of students is less” and questioned why
9. Ronald Santa again spoke on the “Undesignated Fund Balance”, this time inquiring as to the different amounts contained in the yearly audit. Why did the School Department say that it had a fund reserve of $120,000 when the audit states $739,729? Why did the Town Administration say that the fund reserve was $4.8 million when the audit states $6,392,193? School Superintendent Rosemary Kraeger and Finance Director Shawn Brown provided answers to each of these questions. Mr. Santa then stated that the total combined fund balance in all accounts, as stated by the audit, was $12,052,036 and concluded that this was a “large enough bank account for the Town”. Mr. Santa then urged the Council to cut the $1 million “excess” that exists in the proposed budget rather than leaving it so as to add another million dollars to the fund reserve. Editor’s Note: Deleting $1 million from the proposed budget would translate to a 50¢ saving on the tax rate, requiring only a 25¢ tax rate increase rather than the 75¢ tax rate increase being proposed.
10. Antone Viveiros explained that the Town had received various grants during the past year amounting to $1.2 million. This amount was added to last year’s budget and began the starting point for determining this year’s budget thereby disguising the actual amount of increase in the proposed budget. Had this process not been done the proposed budget would exceed the 5.5% cap, if computed from last year’s approved budget.
11. Ronald Santa again spoke, this time on two issues other than the fund balance. On the matter of future contract negotiations (School and Town), Mr. Santa urged that total numbers, salaries and benefits, be presented rather than simply announcing salary increases. Mr. Santa said that during each of the last five years these numbers would indicate a 7-10% increase for every employee rather than the 3% quoted as salary increases. Mr. Santa also urged the Town to change its fiscal year to begin on October 1st rather than the existing July 1st. Mr. Santa said that this minor, and legal, budgetary scheme would allow for greater accuracy in the budgeting process since Federal aide would be known (Federal budget begins on October 1), State aide would be known (state budget approved in July), and teacher salaries would be known (contracts settled before school year begins.)
4. Ronald
Santa addressed the beach sticker fees and daily admittance charges indicating
that increases in these fees have not occurred since 2001. Mr. Santa said he was amazed and stunned that
the Council was reluctant to pass along any increases to beachgoers, half of
whom are out-of-towners, while at the same time having no compunction against
raising taxes on residents year after year.
Mr. Santa suggested that next year the beach fees be raised and
additional revenues received be transferred to the General Fund so as to give
the
Councilman Vaillancourt and President Roderiques then indicated that they did not “want to strip the resources from the beach” but wanted instead to continue improvements there. Mr. Santa complained of the mischaracterization of his suggestion, stating that he had no intention of “stripping the resources” but simply suggested increases admittance fees to the beaches and transferring the additional revenues to the General Fund for taxpayer relief.
5. Rian
Wilkinson, Chairman Beach Commission, stated that “the beach is in the best
shape it’s been since the 60’s and 70’s”, the campground is fully restored, and
6. Councilwoman M. Theresa Santos questioned the $20 fee for unconnected users receiving the reply that it had been increased from $10 and is used as a maintenance account for the sewer system.
7. Manny Mello argued against a flat fee per property stating that the fee should be for each apartment.
8. Other Council members asked various and assorted questions on this budget. Editor’s Note: the Council seemed to be more attentive to his budget than either of the two preceding budgets.
DISCLAIMER: The preceding account is a synopsis of the comments made by the residents. Every effort was made to identify each speaker and their comments accurately; 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 20, 2005
President Paul Roderiques called the meeting to order at 7:02pm. All council members were present. The Council held an Executive Session at 6:30pm in the Council chamber room. This session concluded in sufficient time to allow regular meeting attendees to enter the room without having to stand in the hallway. The Council chambers were three-quarters filled and a dozen police officers were standing against the rear wall.
Executive Session
The first order of business was to reconvene from the Executive Session held to discuss collective bargaining (Police Captains). The Council then voted to seal the minutes of the Executive Session.
The consent calendar was unanimously adopted without comment.
Prudence “Prudy” Silvia Honored
President Roderiques presented a Town Tile and read a
Council resolution commending and congratulating Prudence Silvia for her
unselfish service to the youth of
Police Department Recognition
With Police Chief Anthony Pesare doing the introductions: (1) Sergeants Joseph O’Toole and Frank Kluth were promoted to Lieutenants, (2) Patrol Officer Robert Nutt was promoted to Sergeant, and (3) Ferenc Karoly was recognized as a new hire. The ceremony included the swearing of the oath of service as read by Town Clerk Barbara Nash and the pinning-on of badges by family members. The promotion ceremony of the Lieutenants also included the receiving of a “first salute” from fellow police officers. After these ceremonies a two minute recess was taken to allow the Council Chambers to empty except for twelve residents who remained in the Council chambers.
Nighttime Construction Proposed and Abandoned for
The Council initially proposed a resolution supporting
nighttime construction for the ongoing
Licenses Granted and Ordered Advertised
The Council unanimously granted Victualling House and Sunday
Selling Licenses to the Shell Stations on
Rezoning
In what was described as probably a “mapping error” due to
its proximity to
Rezoning Plat 111, Lots 9 & 10
In March (see 3-7-05 Middletown Newsletter), the Council unanimously amended the Comprehensive Community Plan designating Plat 111, Lots 9 & 10 as a Light Industrial zone to conform with the property in the rear (old bus garage). The owner (Omni Land Co.) was now petitioning the Council to amend the zoning ordinance to change these lots from Residential to Light Industry to conform to the revised Comprehensive Community Plan. With no one from the public desiring to speak on this issue, the Council unanimously received the proposed amendment on its first reading and will likely adopt the ordinance at the next meeting. Councilman Edward Silveira Jr. recused himself, without explanation, on this issue.
Trail Improvement Grants
Inflow & Infiltration (I&I) Reduction Program
Public Works Director Tom O'Loughlin presented a draft
informational brochure explaining the Sanitary Sewer Rehabilitation Program and
the problems created by homeowners “illegally” connecting sump pumps and gutter
downspouts to the sewer system.
Administrator Kempen proposed that the Town offer $100 per household to
help homeowners defray the cost of disconnecting these “illegal” sewer connections. While the Council approved the informational
brochure, it was reluctant to approve the compensation program and directed
Administrator Kempen to present alternative plans to induce homeowners to
disconnect their “illegal” connections. Editor’s Note: it was stated that
approximately 13% of the residences in
Transfer Station Improvements
Public Works Director O'Loughlin presented the Council with
a proposal for improvements at the Waste Management Transfer Station off
Investment Advisory Committee Opinion
In May the Council asked the Investment Advisory Committee to comment on the proposal to allocated $300,000 in this and future budgets for the deferred payment of post employment benefits (see 5-16-05 Middletown Newsletter). The Council received a reply from the Investment Advisory Committee supporting this proposal.
Window Replacement at Police and Public Works
The Council unanimously awarded a $26,000 to Gibson Technology, LLC of Middletown, RI (low bidder) for aluminum replacement windows at the Police Station and Public Works Garage. President Roderiques took this opportunity to inform Administrator Kempen that these facilities also need a coat of paint.
Carpeting for Library
The Council unanimously awarded an $11,748.48 contract to
Rene & Sons Carpet & Flooring of
Cancellation of
Taxes for Certain
The Council unanimously approved the cancellation of taxes
for a list of
Stop Signs for
As per discussion at the last meeting (see 6-6-05 Middletown
Newsletter), the Council received on its first reading an ordinance designating
the intersection of
With a police report indicating that a safety hazard is
created by the traffic island at the intersection of
Summer Council Meetings
It has long been a Council custom of conducting only one
regular Council meeting during each month in July and August. This year the Council will hold those monthly
meetings on July 18 and August 15. After
establishing this summer schedule, the Council then squabbled about scheduling
Executive Sessions to discuss the Navy Privatization issue with Councilman
Charles Vaillancourt wanting to immediately schedule an Executive Session with
the Navy, Church Community Housing, and
One resident requested to speak.
Art Benner complained that the newly erected sign in front of the Town Hall
violates the sign ordinance in that it is six feet high rather than a maximum
of four feet and is 28 square feet rather than the maximum 16 square feet
allowed. Mr. Benner suggested that the
Town needs to apply to the Zoning Board for a variance! Administrator Kempen replied that the sign is
20 square feet and according to Building/Zoning Official Jack Maloney conforms
to regulations. The six foot height was
caused by the rocks and ledge encountered during erection but will be corrected
to the maximum four foot height regulation shortly.
The Council adjourned at 8:30pm.
JULY 18, 2005
Prior to the regular meeting, the Council held an Executive Session in a room other than the Council Chambers. As a result the attendees to the regular meeting did not have to stand in the hallway but instead were able to sit comfortably in the Council Chambers while awaiting the start of the meeting. The Council concluded the Executive Session and returned to the Council Chambers at 7:02pm. President Paul Roderiques called the meeting to order at 7:06pm. All council members were present.
Executive Session
The first order of business was to reconvene from the Executive Session held to discuss (1) personnel (Building Inspector, Police Chief, Town Administrator) and (2) collective bargaining (Public Works). The Council unanimously voted a 3% increase in pay for the Police Chief as well as Holiday Pay equivalent to the Police Contract. The Council unanimously accepted the recommendation of the Town Administrator as it pertains to the Public Works contract. The Council then voted to seal the minutes of the Executive Session.
Brewski’s Receives Liquor License
The Council unanimously approved the transfer of a BV
Alcoholic Beverage License from Scooby’s Neighborhood Grill,
Neighbor Complains About Scotty’s Big Dawg’s Sport Pub
The Council received a letter, with enclosed copies of
Police complaints, from Lynn Bricker, 2B
The consent calendar was unanimously adopted without comment.
Fire Department Recognition
Fire Chief Stephen Martin introduced three new hires: Brian J. DeFreitas, Matthew J. Gill, and Robert J. McCall. The ceremony included the administering of the oath of service as read by Town Clerk Barbara Nash and the pinning-on of badges by family members. The ceremony concluded with each new hire shaking the hand of each Council member.
Licenses Granted
The Council unanimously granted the following licenses:
As for the amusement license, the Council placed the same limitations as existed for Scooby’s Neighborhood Grille, i.e. Karaoke, DJ, and 2-3 musicians. The Council questioned why the Hawker’s License was to be used at the old Drive-In property (now a vacant lot) but received assurances that the traffic to buy the hot dogs would not park on Aquidneck Avenue but would pull into the vacant Town property. Also noted was the fact that a Hawker’s License specifically requires the use of Public property as the site of operations.
Land Use to be Amended -
In an effort to reduce traffic congestion on West Main Road, the Planning Board has recommended that the Comprehensive Community Plan be amended to change the designation from General Business to Limited and Office Business on the east side of West Main Road from the Newport City line to approximately Elmwood Avenue. The first Public Hearing was held for this amendment and two property owners spoke in opposition. The owner of Domino’s Pizza stated that these properties have long been designated as General Business and should remain so. The owner of a vacant lot (formerly McDonald’s restaurant) complained that this amendment will reduce his property valuation and stated that “it doesn’t make sense to change only one side of the street.” Town Planner Ron Wolanski explained that the west side of the street primarily has been developed as General Business whereas the east side is approximately 50% residential and future conversion to General Business would exacerbate the traffic congestion. The Council unanimously received the amendment on its first reading, maintained the Public Hearing open, and may adopt the amendment on its second reading at the next Council meeting.
Rezoning
In what was described as probably a “mapping error” due to
its proximity to
Rezoning Plat 111, Lots 9 & 10
In March the Council unanimously amended the Comprehensive Community Plan designating Plat 111, Lots 9 & 10 as a Light Industrial zone to conform to the property in the rear (old bus garage). The owner (Omni Land Co.) was now petitioning the Council to amend the zoning ordinance to change these lots from Residential to Light Industry to conform to the revised Comprehensive Community Plan. With no one from the public desiring to speak on this issue, the Council unanimously adopted this amendment on its second reading. Councilman Edward Silveira Jr. recused himself, explaining that he was an abutter to the property.
Time Running Out for Comprehensive Community Plan Amendment
In March (see 3-7-05 Middletown Newsletter), the Council amended the Comprehensive Community Plan designating Plat 111, Lots 9 & 10 as Light Industrial zone; however, this amendment would be voided if the Town did not adopt criteria for Commercial Design within six months from that date. Town Solicitor Vernon Gorton informed the Council that the deadline was approaching and the Planning Board will not have developed the Commercial Design regulation in time. Councilman Charles Vaillancourt argued that this requirement is placing an “unreasonable burden” on the property owner but President Roderiques argued that the Commercial Design standards are necessary, even if a further delay is required. Attorney Robert Silva, representing the property owner, indicated that an additional delay would not be harmful and suggested the first of the year as a new deadline. The Solicitor was ordered to prepare an amendment to change the deadline. Two readings of this amendment will occur and the new deadline likely will be adopted at the September 6 meeting (one day before the expiration of the existing deadline).
Private Alarm Users Ordinance
The Council received on its first reading a new Private Alarm Users ordinance requiring a permit and establishing rules and regulations regarding usage. This ordinance likely will be adopted on its second reading at the next Council meeting.
Building Permit Fees to Increase
The Council received on its first reading an ordinance to increase various permit fees for building construction. This ordinance will likely be adopted on its second reading at the next Council meeting.
Chases Lane Traffic
With no communication attached to the agenda item (normally
a letter is required), Judith Awkerman,
The Council referred the matter to the Police Chief for his analysis and recommendation. When Ms. Awkerman asked how long a process that would be, President Roderiques jokingly responded “about two years” and then suggested that October might be a realistic date.
Stop Signs for
The Council unanimously adopted on its second reading an ordinance designating the intersection of Wolcott Avenue and O’Donnell Way and Easton Terrace as a four-way stop.
The Council unanimously adopted on its second reading an ordinance establishing various signage (Do Not Enter, One Way, and Keep Right) on the traffic island at the intersection of Indian Avenue and Vaucluse Avenue.
Town Retirement Plan Amended
The Council unanimously amended the Town Retirement Plan administered by John Hancock Life to reflect recent collective bargaining agreements and pension-related legislation.
Inflow & Infiltration (I&I) Reduction Program
The Council received a copy of a memorandum from Finance Director Shawn Brown to Town Administrator Gerry Kempen indicating that a meeting of Town employees occurred “to analyze the potential fiscal impact of implementing a program to incent homeowners to disconnect improper tie-ins to the Town’s sewage collection system.” Although the memorandum indicated that approximately 650 households could be eligible and that the Town could realize a potential savings of $10K-$35K, no recommendations were included and the Council took no action other than to receive the memorandum.
Clean Water Funding
The Council unanimously authorized Finance Director Shawn Brown to borrow $1,489,975 from the Rhode Island Clean Water Finance Agency for the following projects:
Utility Tractor Purchased
With President Roderiques recusing himself because the bidder was a first cousin and Councilman Edward Silveira Jr. recusing himself because the bidder was his uncle, the Council unanimously awarded a $50,340.62 contract to Tom’s Lawn $ Garden Equipment, Inc., Portsmouth (sole bidder) for the purchase of a 4 Wheel Drive Utility Tractor. The purchase is to be funded from the Beach Fund.
The Council unanimously awarded a $7,673 contract to Samuel
Kinder & Brother, Inc.,
Council Reiterates Opposition to LNG Terminal
President Roderiques read and the Council unanimously
approved a new resolution reaffirming the Council’s opposition to Liquefied
Natural Gas (LNG) facilities in
Ronald Santa Letters
The Council received two letters from resident Ronald Santa
but had no discussion and took no action on either. In one letter Mr. Santa asked the Council to
consider adopting a formal name for the valley property purchased by the Town,
rather than referring to the parcel of land as the “
Christine Cobaugh Letter
The Council received a letter from
The Council received a letter from Megan Larcom, a Junior at Middletown High School, outlining a program called “Safety Town” to teach kindergartners safety as it pertains to crossing streets and riding bikes. Ms. Larcom developed this educational program last year and intends to repeat the program this year and is seeking financial assistance The Council unanimously awarded her a $200 grant.
Agenda Item Removed From Calendar
Agenda Item #29 was listed as an “Appointment of Town Councilor to join the Town Administrator, Council President and Council Vice Chair as the Town’s representatives in GMH/Church Community Housing negotiations.” Without explanation the Council unanimously removed this item from the Calendar.
Appointments
The Council unanimously made the following appointments:
The Council received notice from the Planning Board that it has appointed Richard Adams to serve as its representative on the Open Space & Fields Advisory Committee. Colleen Aull will be the alternate.
Economic Development Workshop
Recognizing the recent BRAC Commission recommendations wherein the Newport Naval Station and the Naval Undersea Warfare Center “fared well”, Councilman Louis DiPalma indicated a need to “continue to support both groups to ensure they remain vital.” Toward that end Councilman DiPalma suggested a workshop with members of the Economic Development Advisory Committee, Town Planner, Newport County Chamber of Commerce, and RI Economic Development Corporation to discuss long-term goals/objectives in support of these Naval establishments. A date of September 12 was suggested for this meeting.
Two residents requested to speak.
Ronald Santa, indicating that the third-year anniversary of the Turner Road Project in rapidly approaching, inquired into the status for final paving of Turner Road and asked if a contract for this work has been established. Administrator Kempen explained that legal proceedings are occurring against the insurance company regarding the performance bond for the Dicon Corporation. These legal procedures should require another thirty days and therefore final paving will be delayed until September. As for the paving contract, such a contract should be awarded before the September work is scheduled to begin.
Manny Mello stated that he had heard a rumor that the Town is considering taking over the sewer system from the private West Ridge Development. Mr. Mello also stated that he believes that the Town snowplows in that private development and suggested that this practice must cease else all other private developments in Town will be requiring Town snowplow services. Mr. Mello concluded with an adamant statement of opposition to the Town’s taking over the West Ridge sewer system.
The Council adjourned at 8:55pm.
AUGUST 15, 2005
The Council held a Special Meeting prior to the regular meeting to hear a UV System presentation by Sunlight Systems. The Council concluded the Special Meeting at 6:54pm. President Paul Roderiques called the regular meeting to order at 7:00pm. All council members were present.
The consent calendar was unanimously adopted without comment.
Babe Ruth Team Commendation
President Paul Roderiques read a
Council resolution praising the efforts of the Middletown Babe Ruth All Star
team which won the 2005 State Championship for 15-year-olds and represented
Little League Junior Girls Commendation
President Paul Roderiques read a Council resolution praising the efforts of the Middletown Little League Junior Girls 13-14 Softball Allstars which won the 2005 Division 2 Championship. Each player was invited to the front of the room as their names were read and the coaches were presented Town tiles. The team was led by Manager Rick Weibust and Coaches Steve Murphy and Sean Risley and included the following players: Kacey Challoner, Rachael Franklin, Olivia Gamache, Nichole Murphy, Jessica Reynolds, Taylor Risely, Chelsea Rodrigues, Jessica Sanfilippo, Sydney Springer, Chelsea Weibust, and Celina Wildemann.
Little League Girls Commendation
President Paul Roderiques read a Council resolution praising the efforts of the Middletown Little League Girls 11-12 Softball Allstars which won the 2005 Division 2 Championship and advanced to the state championship tournament. Each player was invited to the front of the room as their names were read and the coaches were presented Town tiles. The team was led by Manager Tina Lewis and Coaches Paul Murphy, Eric Phillips and Harry Eng and included the following players: Joy Bullock, Katie Eggeman, Grace Enq, Brittany Lewis, Glenn Murphy, Molly Norbury, Mary O’Connor, Lauren Paiva, Jordin Phillips, Lauren Simard, and Emily Tessier.
Christopher Chiaro Gets $200
In a letter to the Council, Christopher Chiaro, Middletown
High Scholl student, requested financial assistance to represent the school,
town, and
License Granted
The Council unanimously granted a Holiday Sales License to
the Dollar Tree Stores, Inc.,
Land Use Amended -
On its second reading the Council unanimously adopted an amendment to the Comprehensive Community Plan that will change the designation from General Business to Limited and Office Business on the east side of West Main Road from the Newport City line to approximately Elmwood Avenue. No resident spoke at the public hearing on this second reading of the ordinance.
Land Use to be Amended – North Side of East Main Road
In an effort to eliminate the discrepancy between the
Comprehensive Community Plan and the Zoning Ordinance, the Planning Board has
recommended that the Comprehensive Community Plan be amended to change the
designation from Limited & Office Business to Medium-density Residential
for Plat 113, Lots 159A, 160, 160A, 161, 161A, 161B, 161C, 162, 162A, 162B,
162C and Plat 118 Lots 15, 16, 17. The
first Public Hearing was held for this amendment. Resident Manny Mello stated that sewer does
not extend to this section of
Time Extension for Comprehensive Community Plan Amendment
In March (see 3-7-05 Middletown Newsletter), the Council amended the Comprehensive Community Plan designating Plat 111, Lots 9 & 10 as Light Industrial zone; however, this amendment would be voided if the Town did not adopt criteria for Commercial Design within the next six months. Town Solicitor Vernon Gorton presented the Council a proposed ordinance to extend the deadline to January 17, 2006. The Council unanimously received the ordinance on its first reading and will likely adopt the new deadline at the September 6 meeting (one day before the expiration of the existing deadline).
Aquidneck Industrial Park to get Signage,
Landscaping, and Market Analysis
Upon the recommendation of Town Planner Ron Wolanski and
Chairman Robert Silva, Economic Development Advisory Committee, the Council
unanimously awarded a $13,350 contract to Gifford Design Group,
The Council received a memorandum from the Planning Board
detailing an August 2 workshop meeting held with business owners located
between the
In a memorandum to the Council, Councilman Louis DiPalma
suggested that the Planning Board be tasked with an objective to develop a set
of high level goals, a set of corresponding objectives for each goal, and
strategies to achieve each goal for the
Formal Approval of Plans for “The Valley”
.The Council received recommendations for development of
“The Valley” and a request to authorize an RFP or RFQ for landscaping
architect/design services to develop AP 108 Lot 4, commonly called
Open Space and Fields Committee Report
and Requests
Chairman Mason Hawes presented the Council with a report of the Open Space and Fields Committee indicating that it had completed its tasks to review the dog ordinance (recommendation included) and establish by-laws for the committee (attached). Additionally, Chairman Hawes presented the Council with four action items needing to be addressed:
In his lengthy presentation of these action items to the Council, it appeared that Chairman Hawes was indicating that Town Administrator Gerry Kempen and various Town employees were reluctant to take on the burden of this work and President Roderiques responded by chastising Administrator Kempen that “we need to work together.” In the end the Council unanimously accepted the report and directed that the action items be accomplish but extend the time allotted for item number two.
LNG Terminal Legal Fight Gets $25,000
Attorney General Patrick Lynch appeared before the Council
and presented his reasons for opposing LNG Terminals in
Dog Ordinance Amendment
Town Solicitor Vernon Gorton presented an amendment to the dog ordinance that deletes voice command as an accepted manner of restraint and requires dogs to be leashed at all times they are off the owner’s premises and not confined in a vehicle. Councilman Charles Vaillancourt indicated that electronic collars with remote controls exist that some dog owners use and therefore should be allowed by this ordinance. Solicitor Gorton will research these collars and offer an amendment at the next meeting. The Council unanimously received the ordinance on its first reading and will likely adopt the ordinance on its second reading at the next meeting.
Civil Service Hiring Practices
The Council received a proposed ordinance from the Administration with suggested changes to the Civil Service hiring practices. President Roderiques objected to the proposed reduction (10 points to 5 points) in additional points awarded by virtue of their residency stating “I want to give residents a break.” After considerable discussion on this proposal, the Council referred the matter back to the Administration to revise the proposal.
Private Alarm Users Ordinance Adopted
On its second reading, the Council adopted a Private Alarm Users ordinance requiring a permit and establishing rules and regulations regarding usage.
Building Permit Fees Increased
On its second reading, the Council adopted an ordinance to increase various permit fees for building construction.
Solid Waste and Recycling Services Agreement Approved
The Council unanimously approved an agreement with the Rhode Island Resource Recovery Corporation for fiscal year 2006 solid waste and recycling services.
Contract Approved for TV Inspection of Underground Pipes
The Council unanimously awarded a contract to Green Mountain
Pipeline Services Inc.,
Resident Manny Mello inquired as to what projects this effort would be used on, receiving the reply from Administrator Kempen that no specific projects have been identified at this time but much work is expected in the next two years. Mr. Mello then expressed his concern that the Roads & Utilities Committee has not reviewed this contract and “has no idea as to what is going on.”
Tax Day Delayed
Finance Director Shawn Brown recommended to the Council that the 1st quarter due date for tax payments be delayed in order to allow the Town to certify the new MUNIS software tax system thereby reducing the possibility of errors in tax bills. The Council unanimously approved an ordinance allowing the first installment of taxes for FY2006 to be paid on or before the thirteenth of September verses the tenth.
Historical Society Gets Money to
Pay Taxes
Since the RI General
Assembly has not yet passed the legislation for tax exemption for the
Cancellation of
Taxes for Certain
The Council unanimously approved the cancellation of taxes
for a list of
Cemetery Trees to be Moved
Upon recommendation of the Tree Commission, the Council unanimously authorized $2400 expenditure from the Burial Fund to the Tree Commission in order to transplant six trees that are currently located too close to existing gravesites.
Town Suggestion Program
Finance Director Brown presented the Council with a draft Policy & Procedures for a Town Suggestion Program whereby residents and/or employees would be “encouraged and rewarded for developing innovative ideas which will enhance the efficiency and effectiveness of Middletown Town government through reduced or eliminated expenditures, conserved energy, generation of revenues, increased productivity, better customer service, enhanced public safety, and/or improved quality of government operations.” Councilman DiPalma congratulated Finance Director Brown for this policy and Administrator Kempen explained that this was a two year effort in the making.
Purchasing Ordinance
Finance Director Brown presented the Council with a draft Revised Purchasing Ordinance. When queried as to how much a revision the 31 page document was, Finance Director Brown said it basically was a new ordinance since there currently exists little guidance for purchasing regulations. This draft ordinance would codify all Town purchasing with the Purchasing Officer (Finance Director) having to fly-by-the-seat-of-his-pants. The Council received the draft proposal but did not adopt it as an official ordinance at this time.
Utility Pole Approved
Upon recommendation of the Roads and Utilities Committee,
the Council unanimously granted permission to the Narragansett Electric Company
to erect a utility pole on
Appointments
The Council unanimously made the following appointments:
Two residents requested to speak.
Ronald Santa again inquired as to the status of
Manny Mello queried the Birchwood Manor and
The Council adjourned at 10:21pm.
SEPTEMBER 6, 2005
Disclaimer: I did
not attend this meeting in person. In an
attempt to report something for the archives, I reviewed the videotape maintained
by the library and reported on that.
Prior to the regular meeting, the Council held an Executive Session at 6:00pm to discuss (1) potential litigation, land, business (Navy privatization) and (2) collective bargaining (Public Works). The Council concluded the Executive Session and President Paul Roderiques called the regular meeting to order. All council members were present.
Executive Session
The first order of business was to reconvene from the Executive Session. The Council unanimously voted to approve the recommended alterations in the Public Works contract and then voted to seal the minutes of the Executive Session.
Liquor License Ordered Advertised
A public hearing for a new
Thirteen-item Consent Calendar
The consent calendar was adopted unanimously without comment.
Relief for Victims of Hurricane Katrina
As an addendum not originally on the Council docket, Town
Administrator Gerry Kempen explained
Land Use to be Amended – North Side of East Main Road
In an effort to eliminate the discrepancy between the
Comprehensive Community Plan and the Zoning Ordinance, the Planning Board has
recommended that the Comprehensive Community Plan be amended to change the
designation from Limited & Office Business to Medium-density Residential
for Plat 113, Lots 159A, 160, 160A, 161, 161A, 161B, 161C, 162, 162A, 162B,
162C and Plat 118 Lots 15, 16, 17. Two
residents of the area currently operating businesses and one new property owner
who has plans for business use and expects to make a six-figure investment in
the property spoke in opposition to the limitation for residential use in the
area. These business owners suggested
that
Time Extension for Comprehensive Community Plan Amendment
In March (see 3-7-05 Middletown Newsletter), the Council amended the Comprehensive Community Plan designating Plat 111, Lots 9 & 10 as Light Industrial zone; however, this amendment would be voided if the Town did not adopt criteria for Commercial Design within the next six months. Town Solicitor Vernon Gorton presented the Council a proposed ordinance to extend the deadline to January 17, 2006. The Council unanimously adopted the deadline extension ordinance on its second reading.
Dog Ordinance Amendment
The Council was presented the second reading of a new dog
ordinance requiring dogs to be leashed at all times they are off the owner’s
premises and not confined in a vehicle.
This ordinance had been amended to include electronic collars as a suitable
control device as suggested by Councilman Charles Vaillancourt. Councilwoman M. Theresa Santos objected to
the electronic collars on the grounds that the use of these devices was
“inhumane.” Councilwoman Barbara Barrow
was concerned that a dog owner would be in violation of this ordinance if the
dog was not leashed on private property where the dog owner did not own the
property but was instead an invited guest.
Town Solicitor Vernon Gorton explained that that provision was not new
and existed in the previous ordinance.
On a 5-2 vote with Councilwomen Barrow and
Civil Service Hiring Practices
The Council received on its first reading a proposed ordinance from the Administration with suggested changes to the Civil Service hiring practices. President Roderiques again objected to the proposed reduction (10 points to 5 points) in additional points for residents and objected to these points being awarded after the written exam, rather than prior to the written exam results. The scoring system itself was also discussed with Solicitor Gorton explaining that the ordinance does not address the methodology of scoring but leaves that to the discretion of the Personnel Board. As a result, the Personnel Board will attend the next hearing of this ordinance to explain the scoring system. Councilman Charles Vaillancourt asked how other cities and towns address residential preferences, receiving the reply from Administrator Kempen that he did not know that answer. President Roderiques stated “I don’t care what other cities and town do”; however, Administrator Kempen will provide that answer at the second reading of the ordinance at the next meeting.
Town Suggestion Program
The Council unanimously adopted a Town Suggestion Program
Policy & Procedures that will reward residents and employees up to $2000
for suggestions that will “enhance the efficiency and effectiveness of
Purchasing Ordinance
The Council received on its first reading an ordinance to regulate Town purchasing. Councilman DiPalma inquired if the 31 page ordinance was simply a codification of the existing purchasing process and procedures, receiving an affirmative reply from Finance Director Shawn Brown. The Council likely will adopt this ordinance on its second reading at the next meeting.
Private Use of Public Property
The Council received on its first reading an ordinance
allowing reservations for limited private use of parks and beaches, “provided
such reservation does not unduly interfere with the use of the facility by the
general public.” In a separate ordinance
a fee structure was established for the use of these public lands whereby
Deputy Police Chief
Based upon the recommendation of Police Chief Anthony Pesare, the Council unanimously adopted a resolution to re-establish the position of Deputy Police Chief at an annual salary of $74,500.
Asphalt Paving Contracts Awarded
Two low bid contracts were unanimously awarded for asphalt
paving. J. H. Lynch & Sons, Inc.,
Dump Truck Purchase
The Council unanimously awarded a $108,099 contract to MHQ
Municipal Vehicles,
Cancellation of
Taxes for Certain
The Council unanimously approved the cancellation of taxes
for a list of
Appointments
The Council unanimously made the following appointments:
The Council made the following appointment on a divided vote:
Editor’s Note: the hand vote was not viewable on the video recording
Based upon Councilman DiPalma recommendation, all the following applicants were appointed to the Information Technology Advisory Committee:
New members were appointed for two years, whereas current members were reappointed for one year.
One resident requested to speak.
Manny Mello criticized the Birchwood Manor drainage project for the dirt and
dust not being covered by asphalt at the end of the week thereby causing
terrible dust storms in the neighborhood.
He said that “we are paying the contractor to clean and cover (this
mess) but he is not doing it.” President
Roderiques requested that Administrator Kempen look into the matter and insure
that the contract is being adhered to – “we don’t want another mess like
The Council adjourned 1 hour and 36 minutes after the start of the meeting.
DISCLAIMER: The preceding account is a synopsis of the meeting. Every effort was made to identify accurately
each speaker and his comments; however, the
SEPTEMBER 19, 2005
Prior to the regular meeting, the Council held an Executive Session in a room other than the Council Chambers. As a result, the attendees to the regular meeting did not have to stand in the hallway but instead were able to sit comfortably in the Council Chambers while awaiting the start of the regular meeting. The Council concluded the Executive Session and returned to the Council Chambers at 7:02pm. President Paul Roderiques called the meeting to order at 7:05pm. Councilwoman Shirley Mello was absent.
Executive Session
The first order of business was to reconvene from the Executive Session held to discuss “potential litigation, land, business (tax cases) (Navy Privatization.)” The Council unanimously voted to accept Assistant Town Solicitor Richard D’Addario’s recommendation regarding “the tax base.” The Council then voted to seal the minutes of the Executive Session.
Nine-item Consent Calendar
One item of the nine-item consent calendar received
additional scrutiny. In a letter to the
Council, neighbors and abutters to property on
Police Officer Receives Meritorious Service Award
With police officers lining the rear wall of the Council Chambers, Police Chief Anthony Pesare presented the Meritorious Service Award to Patrol Officer Mark Minnella. Officer Minnella, at risk to his own personal safety, had arrested a man who was fleeing from the scene after having stabbed three individuals. After Officer Minnella’s mother pinned the medal on him, the audience erupted into a long thunderous applause. President Roderiques concluded the ceremony by expressing a few words of praise for Officer Minnella.
Licenses Granted
The Council unanimously approved the following licenses:
The latter license is to be used for the annual Harvest Fair to be held on October 1 & 2
School Facilities Report
The Council received a 27-page report from the Middletown Schools Facilities Advisory Committee describing the condition of each school property and outlining deficiencies in each. The Committee was asking the Council for permission to hire professional educational consultants and architects to develop detailed plans for alterations/construction and to prioritize the needed work. Councilman Vaillancourt, while inclined to support the request, wants further efforts to be independent and not “led by the Superintendent.” He further stated “I want to keep politics out of it.” The Council unanimously authorized the Committee to develop a Request For Information (RFI) proposal to seek the needed professional help.
Broadband Wireless Initiative
Director of Information Technology Matthew Wainwright explained an initiative to expand the existing wireless infrastructure Town-wide. In addition to expanded use by police and fire personnel, the system could provide surveillance and use by other Town departments as well as provide high speed internet services to the general public, e.g. computer usage while at the beach. It was this latter use by the Public which generated questions by the Council concerning benefits and costs. President Roderiques appeared not to be convinced; however, Director Wainwright did appear to receive the implied consent he was looking for in order to proceed with the project.
NIMS Adopted by Council
As per the recommendation of Police Chief Anthony Pesare, the Council unanimously adopted the National Incident Management System (NIMS) as the basis for all incident management actions in the Town. This management system was devised by the Homeland Security Presidential Directive and is required by communities in order to receive preparedness funds from all federal departments and agencies.
Civil Service Hiring Practices
The Council received on its second reading a proposed ordinance from the Administration with suggested changes to the Civil Service hiring practices. The Council also received an email from Human Resource Director Lynne Dible describing other communities’ residency policies as had been requested by Councilman Vaillancourt. President Roderiques again objected to the proposed reduction (10 points to 5 points) in additional points for residents and objected to these points being awarded after the written exam, rather than prior to the written exam results. Councilwoman M. Theresa Santos expressed the same concerns as President Roderiques and added that “we have lost too many of our residents to other cities and towns – ten points is not excessive.” Councilmen Vaillancourt, DiPalma, and Silveira, however, argued that 10 points was excessive, produced too much of a disparity, and might result in Town services not being the best quality. Robert J. Sylvia, Chairman Personnel Board, defended the current hiring policy and nearly engaged in a heated argument with Councilman Vaillancourt, however, it quickly subsided. When President Roderiques again expressed his views on the matter, Councilman Edward Silveira Jr. injected a “Point of Order” criticizing the President for attempting “to lobby for his position.” In the end, the ordinance was adopted on a 4-2 vote with President Roderiques and Councilwoman Santos opposed.
Mason Hawes, Open Space and Fields Committee Chairman,
stated that his committee should be involved in the development of the
Alice P. Mayer Trust
The
Council unanimously appointed Alex Simmons as a trustee to replace the vacancy
created by the passing of Alex Simmons, Sr.
“The Alice P. Mayer Trust supports agricultural efforts in our community
including community beautification projects, scholarships to deserving students
pursuing a related course of study, agricultural education in our schools, and
books and periodicals in
Chain Link Fence Opposed
Kenneth Alves, property owner
Commercial Design Standards Meeting
The Planning Board requested a meeting with the Council to discuss and review the proposed Commercial Development Design Standards. A workshop meeting was set for 6pm on October 17 preceding the regularly scheduled Town Council meeting.
Soccer Field Construction Contract Awarded
The Council unanimously awarded a $397,053.77 contract to
J.A.M. Construction Co., Inc.,
Purchasing Ordinance Adopted
The Council adopted, on its second reading, an ordinance to regulate Town purchasing. Amendments relating to surplus property and appeals of the bidding process were made and included.
Private Use of Public Property
The Council adopted, on second readings, an ordinance allowing reservations for limited private use of parks and beaches and an ordinance for the fee structure for such use
Legislative Agenda
At the suggestion of Councilman Louis DiPalma, the Council agreed to hold a workshop, date to be determined, to discuss legislation needed for the next calendar year. After such discussions, the Council will forward the requests to the State Delegation.
No one requested to speak.
The Council adjourned at 8:46pm.
OCTOBER 3, 2005
Due to a lack of a quorum, the 6:30pm Executive Session was not held and the Council Chambers were available for seating of regular meeting attendees. With the arrival of Councilwoman Barbara Barrow at 7:03pm, a quorum now existed and President Paul Roderiques called the meeting to order at 7:04pm. Councilman Louis DiPalma, Councilwoman Shirley Mello, and Councilman Edward Silveira Jr. were absent; however, Councilman DiPalma arrived later near the end of the regular meeting.
Executive Session
The first order of business was a vote to hold the scheduled Executive Meeting at the conclusion of the regular meeting.
Alcoholic Beverage Licenses
Acting as a Board of License Commission, the Council unanimously took the following action:
Sixteen-item Consent Calendar
One item of the sixteen-item consent calendar received additional scrutiny. Resident Ronald Santa, referring to the minutes of the July 5, 2005 Special Meeting, criticized the Council for conducting business that was not part of the agenda. Specifically, Mr. Santa suggested that approving a 3.8% salary increase for the Town Administration in this manner (as a non-agenda item of a special meeting) gives the impression that the Council has something to hide and leaves the perception that the pay raise was not justified. Mr. Santa stated that he believes the perception to be false and has no objection to the salary increase; however, Mr. Santa suggested that, in the future, the Council conduct regular business in regular meetings where a full disclosure can occur and public comment can be made.
Commendation for Evelyn LeDoux
With Library Director Robert Balliot making the introduction and President Roderiques reading the Resolution, Evelyn LeDoux was praised and commended for her 40 years of service to the Town as an employee of the Public Library. After receiving a bouquet of roses from the Library staff, Ms. LeDoux thanked everyone for the kind words but added “I am not retiring. I am looking forward to the next 40 years (working at the library).” Ms. LeDoux was also presented a Town Tile and a clock as a gift from the staff.
License Granted
The Council unanimously granted a Victualling House License
to Siam Square Fine Thai Cuisine,
Zoning Ordinances Ordered Advertised for Hearings
The Council unanimously ordered the following ordinances advertised for public hearings:
The Council received a memorandum from Building/Zoning
Official Jack Maloney indicating that the developer of the proposed Senior
Independent Living Facility adjacent to
Town Ordinances Pertaining to Animals
Although Councilwoman Mello was absent due to illness, her memorandum to the Council was discussed. In her memorandum, Councilwoman Mello asked the Council to consider updating all ordinances pertaining to animals, including ordinances for the beaches. This request was prompted by the recent incident where a horse rider was thrown and injured as the horse reared-up at the beach. Councilman Charles Vaillancourt suggested that this matter be referred to the Beach Commission for its recommendation. Rian Wilkinson, Beach Commission Chairman, indicated that the matter already had been placed on the agenda of the next meeting. Mr. Wilkinson further stated that the problem seems to be caused by significant activities occurring at the beaches after the season closing on Labor Day. He further stated that tens of thousands of people, many dogs, and horses simultaneously use the beach on a daily basis during the months of September and October thereby creating the problem.
RIDOT Offers 50/50 Cost Sharing for
The Town apparently asked the Rhode Island Department of
Transportation (RIDOT) to consider improvements on
Council Authorizes the Issuance of Debt
The Council unanimously approved resolutions authorizing the issuance of debt as follows:
Editor’s Note: Councilman DiPalma arrived at this point in the meeting.
Smoke Test Contract Awarded
The Council unanimously awarded a $13,400 contract to New
England Pipe Cleaning Co.,
Antone Viveiros Letters
In an unusual move, President Roderiques asked Antone Viveiros to address both of his letters to the Council simultaneously, although the two letters were separate agenda items and on different topics. Editor’s Note: for clarity purposes the Middletown Newsletter will report this discussion as two separate agenda items.
Referring to his first letter in which he had complained that Town Solicitor Vernon Gorton had not replied to his request of two months ago, Mr. Viveiros stated that he finally had received the information from the Solicitor moments before the start of the meeting. The material in question was a Bond Consul opinion of a proposal Mr. Viveiros had made pertaining to the use of unspent bond monies. Mr. Viveiros contends that any approved bond monies not required for the completion of a project should be applied to the reduction of that bond indebtedness rather than spent on other projects. Mr. Viveiros cited a 2003 School Bond issue that had spent its unused funds for a project other than the project for which the bond money originally had been approved. Mr. Viveiros wanted the Council to adopt an ordinance to prevent this procedure in the future and require that unspent bond monies either (1) be used as payment toward the principal of the bond or (2) require new voter approval for expending the funds on a different project. The Council took no action on Mr. Viveiros’s request, citing a sentence in the Bond Consul reply which said that such action would be “inadvisable.”
Antone Viveiros Second Letter
In the aftermath of Hurricanes Katrina and Rita, Antone
Viveiros questioned
Christine Callahan Appointed
Ex-State Representative Christine Callahan was unanimously appointed to the Tax Assessment Review Board. This appointment did not result in any partisan bickering as this is a bi-partisan board and this appointment had to be a Republican recommendation. Councilman Vaillancourt did question why only one name was submitted by the Republican Party whereas the Town Clerk had requested three; however, Town Clerk Barbara Nash indicated that one-name submissions are common practice.
No one requested to speak.
With President Roderiques stating “this may be a record for us (shortest meeting)”, the Council adjourned at 7:51pm and entered Executive Session in order to discuss litigation (tax case).
OCTOBER 17, 2005
Prior to the regular meeting, the Council held an Executive Session in a room other than the Council Chambers. As a result, the attendees to the regular meeting did not have to stand in the hallway but instead were able to sit comfortably in the Council Chambers while awaiting the start of the regular meeting. The Council concluded the Executive Session and returned to the Council Chambers at 6:59 pm. President Paul Roderiques called the meeting to order at 7:06pm. All council members were present.
Executive Session
The first order of business was to reconvene from the Executive Session held to discuss “potential litigation, land, business (Navy Privatization.)” The Council unanimously voted to authorize the Town Solicitor to “move forward” and then voted to seal the minutes of the Executive Session.
Alcoholic Beverage Licenses
With Councilman Edward Silveira Jr. recusing himself on this matter without any explanation, the Council unanimously ordered advertised for public hearing alcoholic beverage licenses for the following establishments:
Ten-item Consent Calendar
One item of the ten-item consent calendar received
additional scrutiny. Resident Eileen
Spillane, speaking as a member of a “grass roots organization” (
Fire Department Recognition
Fire Chief Stephen Martin introduced two new probationary officers: Rebecca Fisher and Keith Notarianni.
The ceremony included the swearing-in of the oath of service
as read by Town Clerk Barbara Nash and the pinning-on of badges by family or
friend. Editor’s Note: Rebecca Fisher is
License Granted
The Council unanimously granted a Drain Layer’s License to
Grandview Construction, Co.,
Traffic Light – West Main/Commercial/Smythe Intersection
With no documentation contained in the docket, President
Roderiques described a meeting that he and Councilwoman M. Theresa Santos had
with RIDOT on-site at the
At the last meeting, the Council received a memorandum from Building/Zoning Official Jack Maloney indicating that the developer of the proposed Senior Independent Living Facility adjacent to Forest Avenue School has agreed to perform work to improve the drainage behind the school (see Middletown Newsletter 10/3/2005). Since the Council took no action at that time, Councilman Louis DiPalma was asking the Council to approve the project. The matter was continued to next meeting and referred to the Town Engineer with a request that he determine the cost to the Town, the amount of savings the Town might achieve and verify that the proposed retention pond is sufficient in size and would be fenced for the safety of the school children.
Police Policy & Procedures
The Council unanimously awarded a $17,500 contract to North
East Police Accreditation Consultants,
Fire Department Pumper Truck Purchased
The Council unanimously awarded a $360,518 contract to
Crimson Fire Apparatus,
Self Contained Breathing Apparatus (SCBA)
The Council unanimously awarded a $103,272 contract to
American Fire Equipment, Inc.,
Strategic Plan Steering Committee
Councilman DiPalma asked for, and the Council unanimously approved, the formation of a Strategic Plan Steering Ad Hoc Committee to develop a Strategic Plan to assist the Council in its deliberations and decisions in the upcoming 06/07 budget process. This Ad Hoc Committee, along with Town Department Head representatives, would hold a one-day, off-site workshop where the Strategic Plan would be finalized. The Strategic Plan Steering Ad Hoc Committee would consist of Councilman DiPalma, Councilwoman Santos, and Councilman Silveira.
One resident requested to speak.
Manny Mello complained that the $500,000 drainage expenditure to control flooding
in the Birchwood Manor area is not working.
He further stated that the current and projected construction cannot be
the solution since the 18” outlet pipe is not sufficient to allow all the water
to empty into Bailey’s Brook.
The Council adjourned at 8:01pm.
NOVEMBER 7, 2005
Prior to the regular meeting, the Council held a Special Meeting in the Council Chambers to discuss proposed legislation. An Executive Session was also scheduled. With the doors being closed, the attendees to the regular meeting were left to stand in the hallway with the result being an overcrowded condition and a fire safety hazard occurring in the hallway. The doors were finally opened at 6:58pm and the crowd entered, filling all the available seats and lining the rear wall. President Paul Roderiques called the meeting to order at 7:06pm. All council members were present.
Executive Session
President Roderiques announced that the Executive Session was not held and a vote was taken to continue this matter until after the regular meeting. Editor’s Note: Since the Executive Meeting was not held and the Special Meeting was not a closed meeting, there was no need for the doors to have been closed and the overcrowding in the hallway need not have occurred.
Alcoholic Beverage Licenses
Without explanation, Councilman
Edward Silveira Jr. and Councilwoman Barbara Barrow recused themselves from
voting on the new BL Alcoholic Beverage License for Saigon Café,
Eighteen-item Consent Calendar
One item of the eighteen-item
consent calendar received additional scrutiny as resident Manny Mello
questioned the School Committee’s approval of the drainage/fill project for the
Consent Calendar Item #18 was a routine annual renewal of Victualling House Licenses for the 2005-2006 licensing year. Councilwoman Barrow recused herself from this vote stating that her firm represents one of the applicants. Councilman Silveira recused himself on this same issue without explanation.
Police Department Recognition
With Police Chief Anthony Pesare doing the introductions, the following promotions in the Police Department were announced:
· Major Terry W. Hazel
· Lieutenant Peter P. Coen
· Sergeant Patrick G. Sweeney
· Sergeant Frederick M. Bodington III
The ceremony included the administering of the oath of service as read by Town Clerk Barbara Nash, the pinning-on of badges by family members, and the acceptance of a first salute. After these ceremonies, an unofficial five minute recess was taken while many attendees departed. These people had attended for the police ceremonies only.
Red Cross Commendation
President Roderiques read a Proclamation and presented a Town Tile to the RI Chapter, American Red Cross CEO and volunteer in appreciation for “extraordinary accomplishments on behalf of Hurricane Katrina evacuees.”
Superintendent Rosemary Kraeger Honored
President Roderiques read a proclamation and presented a Town Tile and a gift to School Superintendent Rosemary Kraeger who has been named Rhode Island Superintendent of the Year by the RI School Superintendents Association. Superintendent Kraeger made a short speech thanking everyone involved: her office staff, the School Principals, the teachers, the School Committee, the Town Council, and her family.
Town Accountant Hired
Town Administrator Gerry Kempen announced the recent hiring of a Town Accountant and presented Marc Tanguay.
Additional Hours Victualling House
Licenses
With no one requesting to speak at the public hearing, the Council unanimously approved the renewal of Victualling House Licenses, Additional Hours of Operation for a list of companies. Editor’s Note: Neither Councilman Silveira nor Councilwoman Barrow recused themselves from this vote.
Victualling House Licenses Approved
The Council unanimously approved a
Victualling House License for Saigon Café,
Tina Dolen, Executive Director
Aquidneck Island Planning Commission, invited the Council to a formal reception
at the Naval Base for the unveiling of the completed West Side Master
Plan. The formal reception will include
the Federal delegation and will be held on November 28 from10am to noon. There also will be a public reception in the
Zoning Ordinance Amendment Readvertised
Due to a typographical error
occurring in the advertisement, the Council continued the matter of a zoning
change for
Subdivision Rules Amended
In order to provide the Town with greater protection against development projects being left uncompleted and the Town stuck with the bill, the Council unanimously accepted and approved changes to the Subdivision Rules and Regulations recently adopted by the Planning Board. These rule changes would:
Town Accepts RIDEM Grants
The Council unanimously accepted the following RIDEM grants and committed the Town to its share of the cost:
Paradise Valley Park Trail Extension
Approved
The Council unanimously awarded an
$11,990 contract to Urban Design Group of
Water Lines for
In a letter to the Council, residents
in the
Councilwoman Shirley Mello’s E-mail
In an e-mail to the Council,
Councilwoman Shirley Mello requested a discussion on two items: (1) school land
use and (2) effectiveness of the Roads & Utilities Advisory Committee. On the matter of school land use,
Councilwoman Mello indicated that she would be willing to sell some
commercially viable property in order to build a new elementary school;
however, she is willing to postpone discussion until an ongoing study is
completed. On the matter of the Roads
& Utilities Committee, it was stated that Administrator Kempen will be
informing the Committee what areas they should and should NOT look
into. Resident Manny Mello complained to
the Council that this Committee has been ignored by the Administration, that it
has not been given plans to review, that the members are disgusted, and that
four of the members are planning to resign.
Councilman DiPalma asked Mr. Mello if he was a member of that Committee
and received a negative reply that seemed to end all discussion on the issue. Editor’s
Note: this Committee was
re-established during the
Newport Convention & Visitor’s Bureau
As the Council representative on
the Newport Convention & Visitor’s Bureau, Councilman Vaillancourt
presented an update of the accomplishments of this organization and stated that
Attempting to avoid backups and
construction delays caused by East and
Manny Mello Speaks
Referring to the multi-million
dollar environmental cleanup reported in the October 27
Resignations Accepted
The Council received resignations from and ordered a letter of thanks be sent to:
Editor’s Note: Apparently the Council was ready and anxious to fill the vacancy on the Zoning Board; however, decided to follow the routine practice of advertising the vacancy – potential applicants take note that the decision may already have been made!
One resident requested to speak.
Ronald Santa, referring to the recent paving of
The Council directed the
Administrator and Solicitor to provide Mr. Santa answers to these questions
The Council adjourned at 8:23pm and entered Executive Session in order to discuss personnel (Building Official.)
NOVEMBER 21, 2005
Prior to the regular meeting, the Council held a Special Meeting in the Council Chambers to discuss proposed legislation. The doors to the Council Chambers were left open and the few attendees to the regular meeting entered and observed the final minutes of the Special Meeting that ended at 7:02pm. President Paul Roderiques called the regular meeting to order at 7:09pm. Councilwoman Barbara Barrow was absent.
Three-item Consent Calendar
Councilwoman Shirley Mello
questioned the status of the street light at
The Council unanimously granted a
new Holiday License to The Walrus & Carpenter Toys,
Low & Moderate Income Housing,
Comprehensive Permit
Obtaining the necessary permits and approvals to construct residential developments in the Town is sometimes a long and arduous process requiring many meetings before various boards and commissions. In order to allow an easier permitting process, especially for Low & Moderate Income Housing Developments, a new ordinance was drafted to allow “one-stop shopping” in front of the Planning Board. Any development that proposes to contain at least 25% housing specifically designated as Low or Moderate Income would be allowed to obtain all its needed permits and approvals via one hearing before the Planning Board. The first reading and Public Hearing on this proposed ordinance was held. Resident Ronald Santa inquired whether this ordinance would allow developers to circumvent the need for Town Council approval for any needed Zoning Amendment and was assured that was not the case - any requests for a zoning change would follow existing procedures and would continue to require Town Council approval. The Council unanimously accepted the proposed ordinance on its first reading, kept the Public Hearing open for further comment, and likely will adopt this ordinance on its second reading at the next meeting.
Commercial Design Regulations
The Commercial Design Regulations are nearing completion; however, the Zoning Board and Zoning Ordinance Review Committee have not yet had the opportunity to review the proposed draft. It is hoped that these two committees will be able to review and comment upon the proposed regulations prior to the deadline of January 17, 2006 established by the Town Council and that the Council will be able to adopt the Commercial Design Regulations at that time. In the event that the holiday seasons inhibit a proper review of the proposed regulations, another extension of the deadline for adopting these regulations may be needed and the Town Solicitor was directed to prepare such a resolution, as President Roderiques said, “just to cover – all areas”. Editor’s Note: the deadline was originally set as September 7, 2005 and extended to January 17, 2006 (see Middletown Newsletter 9/6/05.)
Economic Development Advisory Committee
(EDAC) Membership
Robert Silva, EDAC Chairman, advised the Council that his committee was too large and one member should be terminated due to lack of attendance. Based upon this recommendation, the Council unanimously approved a reduction in the size of the EDAC from nine to seven members thereby reducing the needed quorum from five to four. The Council unanimously declared the seat currently held by Jeffrey Boesch as vacant and ordered the Clerk to advertise for candidates to fill this seat. Two members previously had resigned and these two vacancies will not be filled.
File of Life
Councilwoman M. Theresa Santos described to the Council a new program instituted by the Fire Department called the File of Life. This program will allow anyone, especially seniors living alone, to register with the Fire Department to provide critical personal, life-saving information, e.g., emergency contacts, medical conditions, allergies, etc. For those individuals who do not want their personal information to be kept on file at the Fire Department, an informational form with magnetic holder can be obtained free from the Fire Department. This form can then be filled out and attached to one’s refrigerator and thereby be available to rescue personnel when they arrive for an emergency.
Potter League for Animals
Councilwoman Santos, a member of the Board of Directors Potter League for Animals, presented the Council with the 2005 Annual Report of the Potter League. Councilwoman Santos said that the Potter League was “emBARKing” on a new project to construct a new and larger facility and invited all to help this cause.
Drainage Project on
A $40,000 drainage project and its potential litigation against the Town were described in a letter from Administrator Kempen. Councilman Charles Vaillancourt, citing the potential litigation, immediately moved to continue this matter to a future Executive Session and the Council unanimously agreed.
Additional Contract Awarded for Soccer
Fields
In September, the Council awarded a $397,053.77 contract to J.A.M. Construction to build two soccer fields at the Wyatt Road Soccer Fields (see Middletown Newsletter 9/19/05.) At that time, the Council chose not to award various alternate bids for parking and fencing. This evening the Council unanimously awarded a change order adding a total of $44,019 to the existing contract to construct the parking and fencing as outlined in the original alternate bids.
Contract Awarded for Soccer Field Well
The Council unanimously awarded a
$21,299 contract to J.A.M. Construction Co., Inc.,
Revaluation Update
As per state law, every three
years each city/town must reevaluate all its properties. The Council unanimously awarded an $114,000
contract to Vision Appraisal Technology,
GIS Consulting Contract Awarded
The Council unanimously awarded a
contract to Mapping and Planning Services,
School Department Budget Transfers
The Council unanimously approved the School Department’s request to transfer funds in various restricted fund accounts.
Antone Viveiros – Initiative and
Referendum
Identifying himself as a member of a group proposing and supporting a Constitutional Amendment to allow Initiative and Referendum, resident Antone Viveiros spoke and urged the Council to support this effort “to allow people to reserve to themselves the power … to propose laws and amendments to the constitution and to adopt or reject the same.” Mr. Viveiros urged support for Senator Cote’s Bill 05S-0124 and its identical 2006 version which would allow a referendum on the 2006 election ballot for citizens to decide whether or not they would want this process. President Roderiques opposed this process, stating “while I respect you and the initiative, I see this as circumventing the elected legislature.” In the end, the Council took no vote to support the legislation. Editor’s Note: for those interested in learning more about Initiative and Referendum and/or wanting to sign a petition in support of the same, visit the following website: http://www.voterinitiative.org.
On its second reading, the Council
adopted an ordinance establishing a 20MPH speed limit on
$250 Donation for John Maurer
John Maurer, a senior at
December Council Workshop
The Council decided to hold a workshop on December 12 for two items:
No residents requested to speak.
The Council adjourned at 7:59pm.
DECEMBER 5, 2005
Prior to the regular meeting, the Council held an Executive Session in a room other than the Council Chambers. As a result, the attendees to the regular meeting did not have to stand in the hallway but instead were able to sit comfortably in the Council Chambers while awaiting the start of the regular meeting. The Council concluded the Executive Session and returned to the Council Chambers at 7:04 pm. President Paul Roderiques called the meeting to order at 7:09pm. All council members were present.
Executive Session
The first order of business was to reconvene from the
Executive Session held to discuss “potential litigation (
Nine-item Consent Calendar
The consent calendar was adopted unanimously without comment. Without explanation, Councilman Edward
Silveira Jr. recused himself on item #9 - renewal Victualling House License for
D’Angelos,
Police Department Recognition