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JANUARY 3, 2006 MIDDLETOWN TOWN COUNCIL MEETING

President Paul Roderiques called the meeting to order at 7:00pm. All council members were present.

Four-item Consent Calendar

Two items on the Consent Calendar received additional scrutiny as resident Antone Viveiros requested to speak on each. Mr. Viveiros asked the Council (1) to support the Town of Exeter in its lawsuit against the Regional School District and (2) to support a resolution by the Town of Westerly urging expanded efforts to combat Lyme disease. The Town of Exeter had allocated monies for the School system prior to knowing exactly how much funds would be received from State aid - the actual State aid was approximately $500,000 more than estimated. The School District wants to retain the extra money and keep all the tax money appropriated by the Town; whereas the Town wants to reduce the local tax payment by the amount of excess State aid, thereby saving the local taxpayers $500,000. Consequently, the lawsuit was filed by the School District. Although Mr. Viveiros contends that this situation is similar to Middletown, Finance Director Shawn Brown stated that there are marked differences between Exeter and Middletown. Town Solicitor Vernon Gorton advised the Council that a Resolution in support of the Town of Exeter might be advisable but joining them in an amicus brief, as Exeter had requested, would be inadvisable and expensive. The Council took no direct action on either issue since all Consent Calendar items are automatically supported and therefore Council Resolutions in support of each item will be sent.

DEM Grants

The Planning Department proposed submitting DEM Grant applications for the following projects:

• Large Grant – Wyatt Road Soccer Fields

Total Cost: $560,073.52 Grant: $280,536.76 Town Match: $280,536.76 (up to 25% in-kind)

• Small Grant – (1) Demery Park & (2) Dunlop-Wheeler Park

(1) Total Cost: $73,550 Grant: $36,775 Town Match: $36,775 (up to 25% in-kind)

(2) Total Cost: $81,456.84 Grant: $40,000 Town Match: $41,445.84 (up to 25% in-kind)

Editor’s Note: numbers are as they appeared in Resolution, although they don’t total precisely

• Passive & Historic Park Grant - “The Valley”

Total Cost: unknown Grant: $150,000 Town Match: $16,667 (minimum required)

Mason Hawes, Chairman Open Space Committee, stated that his committee endorses these projects and the grant requests. Resident Karen Roarke stated her support for these projects saying they would “improve the quality of life and aesthetics (in the Town).” The Council unanimously authorized the submission of the grant applications.

Commercial Design Regulations

Apparently the Council held a meeting last Thursday with the Zoning Ordinance Review Committee (ZORC) and agreed to postpone the January 9th Public Hearing for the Commercial Design Standards. Planning Board Chairwoman Hedi Bennett objected to the delay caused by the ZORC review causing, President Roderiques to make the following comments: “initially I was dead set against delay …. But I am troubled by the political football between committees.” The Council then unanimously adopted a new deadline, May 15, for the adoption of the Commercial Design Standards since the ZORC review will be completed by April 3 and the Public Hearing requires three weeks’ advertising thereafter. Editor’s Note: 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. The Council subsequently extended that deadline to January 17, 2006 (see 8-15-05 Middletown Newsletter) and now has extended the deadline another four months.

Aquidneck Corporate Park

Robert M. Silva, Chairman Economic Development Advisory Committee, requested a workshop meeting with the Council to discuss Signage & Landscape design, Buildout, and Market Analysis for the Aquidneck Corporate Park. The Council set February 13 for this workshop meeting.

Ambulance Billing Rates Amended

The Council, on its second reading, adopted by a 6-1 vote with Councilwoman M. Theresa Santos opposed, an ordinance modifying the billing rates for ambulance services (Rescue Wagon). Editor’s Note: residents are not personally charged for Rescue Wagon services – these rates apply to medical insurance or Medicare.

Ronald Santa Questions Council Recusals

Both speaking and in a letter to the Council, resident Ronald Santa questioned the procedure for Council members abstaining from voting on issues. Citing an example of Councilman Edward Silveira Jr. recusing himself from voting on the Senior Center Kitchen renovation contract, whereby Councilman Silveira admitted that he had “no specific conflict”, Mr. Santa urged the Council to enforce its own rules which require members to vote when no conflict occurs. Mr. Santa suggested that there is something unseemly if members are allowed to “pick and choose” what issue they will or will not vote on. Furthermore, Mr. Santa suggested that members speak clearly and identify what conflict exists when they recuse themselves from voting, rather than simply state “I recuse” and submit a written statement to the Clerk. Solicitor Gorton defended the individual member’s right to recuse at any time based on the simple “appearance of impropriety.” Editor’s Note: this issue has been long standing with Mr. Santa dating back to previous Councils and will likely continue to fester and return at a future meeting.

Contentious Appointment

Four applicants applied for two positions on the Beach Commission. Councilman Silveira nominated Helen F. Flynn (new applicant) and John Crimmins (reappointment). Councilwoman Santos nominated Susan C. Darby (reappointment) and John Crimmins (reappointment). As is the custom, the vote was taken in the order in which nominations were made. Helen Flynn was appointed on a 5-2 vote with Councilwomen Barrow and Santos opposed. John Crimmins was appointed by a unanimous vote. Since both positions were now filled, a vote on the Susan Darby nomination was not needed nor taken. Editor’s Note: the fourth applicant was Stephen D. Berger.

Unanimous Appointments

The Council unanimously appointed the following personnel:

• Helen F. Flynn – Economic Development Advisory Committee (vacant seat expires January 2008)
• Robert M. Silva - Economic Development Advisory Committee (reappointment 5-year term)
• Stanley L. Ehrlich – Pension Trust Fund Investment Committee (vacant seat expires February 2007)
• Julia M. Finn – Senior Center Board of Directors
• Constance M. Jennings - Senior Center Board of Directors
• Olga Probert - Senior Center Board of Directors
• Stan Grossman – Tree Commission (Conservation Commission Representative)

PUBLIC FORUM SESSION

No residents requested to speak.

The Council adjourned at 7:45pm as President Roderiques stated “this may be a record (shortest meeting).”

JANUARY 17, 2006 MIDDLETOWN TOWN COUNCIL MEETING

President Paul Roderiques called the meeting to order at 7:01pm. Councilwoman Barbara Barrow and Councilman Charles Vaillancourt were absent.

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 and land acquisition (Navy Privatization).

Five-item Consent Calendar

The consent calendar was unanimously adopted without comment. Because of a short calendar President Roderiques stated that it was going to be “a short night and could be record time”; but as it turned out, last meeting was shorter than this meeting.

Drain Layer’s License

The Council unanimously awarded a Drain Layer’s License to ELJ, Inc., Bristol, RI.

Trash Talking

Town Administrator Gerry Kempen informed the Council that he had received a letter from the Navy indicating that the lease of Navy land by the Town for use of the Transfer Station would not be renewed. However the Navy will allow the Town to use the land after the March 31 lease expiration until the Town can find a suitable replacement. According to Administrator Kempen the Town has the following options:

1. Continue to use a transfer station somewhere else in the Town on land currently owned by the Town or on land that will need to be purchased. Construction Costs: $1.7M-$4M Operating Costs: $727K-$1,033K
2. Operate a regional transfer station with another community - existing municipal property or land acquisition will be needed
3. Abandon the concept of a transfer station and instead have curbside collection for single and two family homes. Estimated Annual Cost: $1,231,000

Stating that this is “one of the most important decisions that this Council must make,” Administrator Kempen asked the Council to establish a committee to investigate the alternatives and make a recommendation. He suggested that this committee be comprised of three Council members and four Town employees with no members from the general public. Resident Antone Viveiros recommended that members from the general public should be included as they are on most other Town committees. In the end the Council approved the establishment of this committee and ordered the Clerk to advertise for two public members.

During the discussion of the transfer station, President Roderiques made three points:

1. The Public should be made aware that the March 31 lease expiration will not end the operation of the Transfer Station. It will continue to operate, at the existing site, until a suitable alternative can be arranged.
2. The concept of regionalization for trash collection is a good idea and should be explored.
3. The Federal delegation should be contacted to see if “things can be worked out” and the lease be renewed. President Roderiques asked “Why can’t we stay there?”

Editor’s Note: The Town has operated the Transfer Station on this Navy land for many years without any problems. Why is the Navy now saying that we cannot continue to use this land? Could it be a consequence of the difficult negotiations between the Town and the Navy regarding the privatization of the Anchorage property?

Full Time Harbormaster

Based upon the recommendation of Police Chief Anthony Pesare, the Council heard arguments proposing the establishment of a full-time Harbormaster for the beach season. The Harbormaster would work five days per week from Memorial Day to Labor Day and weekends only on the month preceding and the month following the official beach season. The Harbormaster’s salary would be $12,000 and would be a civilian member of the police force with power to issue summons. Resident Bill Seiple, member of the Beach Commission, indicated that the Beach Commission has unanimous support for this proposal and stated “Third Beach is being used more and more, we need a full-time Harbormaster.” Councilman Louis DiPalma was reluctant to consider hiring a Harbormaster until the Town develops a Harbor Management Plan. In the end the Council unanimously approved the hiring of a full-time Harbormaster contingent upon Council approval of a Harbor Management Plan.

Alternative Sewer/Water Assessments

At the urging of Councilwoman Shirley Mello, the Council asked the Solicitor for alternative methods of assessing sewer/water construction costs upon abutting residents, especially when properties are irregularly shaped. Town Solicitor Vernon Gorton explained that the Council has the ability to make alternative assessments for sewer construction costs but not for water construction costs, since the enabling legislation for water did not include this provision. An amendment to the water construction enabling legislation must be pursued to provide this alternative. Regarding the actual alternative method of assessment, Solicitor Gorton promised to have his recommendation for the next meeting. Editor’s Note: this issue has arisen as a result of the recently approved Slate Hill Farm Sewer/Water Project wherein one property has such an irregular shape that its “frontage” would be so large as to make its share of the construction cost exorbitant.

Appointments

The Council unanimously appointed the following personnel:

• John R. Mello – Roads/Utilities Committee (Reappointment)
• John R. Mello, Jr. – Roads/Utilities Committee (Reappointment)
• Julian F. Peckham – Roads/Utilities Committee (Reappointment)
• Alan Kirby – Tree Warden

Editor’s Note: Arthur Benner and Anthony A. Pratt did not seek reappointment to the – Roads/Utilities Committee

PUBLIC FORUM SESSION

No residents requested to speak.

The Council adjourned at 7:59pm.

FEBRUARY 6, 2006 MIDDLETOWN TOWN COUNCIL MEETING

With the Executive Session completed, all Council members were seated at the dais well before the start of the Regular Meeting. President Paul Roderiques called the meeting to order at 7:01pm. All Council members were present.

Executive Session

The first business conducted by the Council was to reconvene from the Executive Session and unanimously authorize the Town Solicitor to investigate potential land acquisition. The Council then unanimously sealed the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matters of collective bargaining and land acquisition.

Transfer of Stock for Rusty’s

The Council unanimously ordered advertised a Public Hearing for ownership and 100% stock transfer for Rusty’s, 44 Wave Avenue. Councilwoman Barbara Barrow recused herself because one of the parties involved is a client. Councilman Edward Silveira Jr. recused himself because his company may have an interest in the transaction.

Thirteen-item Consent Calendar

Councilwoman M. Theresa Santos asked that four items on the Consent Calendar receive additional scrutiny and comment.

1. A Council Proclamation declared Friday, February 3, 2006 as “Wear Red for Women Day” in Middletown and Councilwoman Santos urged women to see a cardiologist and “don’t become a victim.” Editor’s Note: “Wear Red for Women Day” is intended to be “recognition of family, friends and neighbors who have suffered from heart disease and a show of support to fight it.”
2. Referencing the financial statement, Councilwoman Santos inquired as to why the Boards and Services has already spent 148.2% of its allocated budget. Finance Director Shawn Brown explained that two studies being conducted by the Economic Development Commission have used these monies but that grant money will be transferred to this line item in a future meeting.
3. Referencing a notice to the Council regarding the opening of bids for the Slate Hill Farm Water Sewer & Storm Drainage Bids, resident Manny Mello inquired whether the Town had received permission from the City of Newport to tie into its water system. Upon receiving the negative reply. Mr. Mello suggested that the Town should have obtained this permission before seeking construction bids.
4. Representative Bruce Long informed the Council in a letter that the Department of Transportation will be constructing the right-hand-turn lane at the West Main/Coddington intersection (southbound on West Main Road) before the summer season. Referencing this letter, Councilwoman Santos took the opportunity to thank her colleagues, Representative Long, and the DOT for pursuing this issue and bringing it to fruition. Councilman Charles Vaillancourt then thanked Representative Long for this effort but then “encouraged” him to get additional grants for the Town as other representatives have done for their communities.

Dogs and Horses at the Beaches

Based upon a strong interest shown at the January 19^th Special Meeting, Councilwoman Barbara Barrow introduced a proposal to allow dogs to go unleashed on the beaches at certain times. Specifically her proposal would allow unleashed dogs at the beaches after the season from October 1 to Memorial Day and would alternate times for dogs and horses so that these animals would not be on the beaches at the same time. Four residents spoke objecting to the new proposal, each suggesting that the existing ordinance (requiring leashed dogs at all acceptable times) is preferred with the possible inclusion of increased fines to support greater enforcement. Citing the recent death of a child caused by the mauling of a “good dog,” Councilman Louis DiPalma stated “it is hard to compromise safety” and recommended staying with the existing ordinance, indicating that unleashed dogs could be a liability for the Town. Councilwoman Shirley Mello indicated support for the existing ordinance but wants to extend the restrictions from Labor Day to September 30 since there are many people who use the beach during the month of September. Councilwoman Santos, a dog owner herself, supports the existing ordinance with an extension to September 30 and stated “I would never take my dogs out unleashed.” Stating that this issue “has always been a hot topic”, President Roderiques respectfully disagreed with the proposed change and stated that we should “put people first.” Although Councilman Vaillancourt would have preferred to see a change to allow some unleashed dog time, he could see the consensus of the Council and moved to withdraw his second of the motion. Councilwoman Barrow then withdrew her motion to initiate the proposed change. The Solicitor was then given a task to prepare an amendment that would change the end date to September 30^th and to incorporate provisions that owners clean their animals’ mess or require horses to use diapers.

Wapping Road Drainage

The hazardous road condition and drainage problem on Wapping Road were again on the Council agenda (see Middletown Newsletter 12/05/2005). Town Engineer Warren Hall indicated that a permanent fix to this problem would cost $360,000 because of the 250 cubic yards of ledge that need to be removed. Councilman Vaillancourt was upset that plans and cost estimates for various options were not presented and pressured the Administrator for these options and his recommendation. In the end, Town Administrator Gerry Kempen recommended the full-blown permanent fix and rejected interim and temporary fixes that would need to be later removed. Indicating that this has been a sore spot for years, resident Manny Mello stated “you don’t have to be an engineer to know what the problem is … it is a simple fix and they can’t fix it.” Apparently a solution to this problem involves getting the large amount of water from the west side across the road to the natural creek on the east side, but this requires obtaining easements that have been difficult to obtain from the eastside residents. The Administration was directed to pursue these easements and to present detailed plans and cost estimates for a corrective solution at the March 6 meeting.

Ordinances First Readings

Without any comments from the Public, the Council unanimously received on their first readings four ordinances regarding drainage and storm water control. These ordinances likely will be adopted on their second readings at the next meeting and are titled:

1. Drainage and Off-Street Parking and Loading
2. Illicit Discharge Detection and Elimination
3. Construction Site Runoff Control
4. Storm Water Management

Natural Hazard Mitigation Plan

The Council ordered advertised for Public Hearing, a natural hazard mitigation plan developed by a committee of town officials working with a consultant. This plan is required by the Federal Emergency Management Agency (FEMA) in order to be eligible for Federal financial assistance in the event of natural disasters.

SCBA Air Compressor Purchase

The Council unanimously awarded a $29,495 contract to Fire Tech & Safety, Chelmsford, MA (low bidder) for the purchase of a SCBA air compressor. This specialized air compressor is used to provide needed oxygen for the breathing apparatus used by fire and emergency personnel. Funds for this purchase will come from a Fire Acts Grant with the 15% matching funds coming from the Rescue Fund.

Easement Granted

As per the recommendation of the Administration together with the approval of the School Department, the Council unanimously approved the granting of an easement through Town property to allow the resident at 124 Valley Road to connect to the Town’s sewer system.

Alternative Sewer/Water Assessments

Town Solicitor Vernon Gorton presented the Council a report on sewer/water assessment calculations as per the Council request of the last meeting (see Middletown Newsletter 1/17/06). In the report, fifteen assessment methods were examined for 47 parcels of land in a neighborhood outside of Middletown (“to avoid any perception we were addressing any present or future sewer or water district).” In the end the Solicitor recommends continuing to use the existing method based upon linear front footage and to use the existing “discretion” to compute a fair value for irregularly shaped lots. Since this “fair discretion” clause exists only in the sewer enabling legislation, the Solicitor was directed to prepare a similar clause for water and storm drainage enabling legislation. As part of the discussion on irregularly shape property assessments, resident Ronald Santa had submitted a study of the Turner Road project whereby a simple formula was developed based upon the properties included in that project. Mr. Santa then spoke indicating that he had examined the Solicitor’s data and stated that the formula does not apply for that data, but another formula did apply. Mr. Santa also stated that the Solicitor’s data was more applicable to the Slate Hill Farm area. Rather than presenting different formulas for different areas, Mr. Santa suggested that the Middletown High School math classes be given the task of developing a town-wide formula for assessing irregularly shaped lots. Editor’s Note: see the end of this newsletter for the two formulas developed by Mr. Santa

Water Service Extension Policy

Solicitor Gorton presented the Council a proposed policy statement setting forth the procedure whereby a resident might request an extension to water service in the Town. The Council thanked the Solicitor and without a formal vote accepted this policy.

Solicitor Responds to Viveiros Proposal

Answering a proposal by resident Antone Viveiros (see Middletown Newsletter 12/19/05), Solicitor Gorton indicated that the question of restricting the Council from exercising eminent domain against private residences for the purpose of economic development is moot. The Council could not do this now because an Economic Development Agency does not currently exist in the Town of Middletown. Regarding Mr. Viveiros’ suggestion to support State legislation restricting eminent domain, Solicitor Gorton indicated that the Council could choose to do this if it wished to do so. The Council chose not to do so and proceeded to the next item of business.

Senator Chafee Requests Projects

In a letter to the Council, Senator Chafee inquired what projects are a priority for Middletown for which the Senator could assist in obtaining Federal funding. Councilman Vaillancourt suggested two responses: (1) limit school mandates without full Federal funding and (2) increase Federal dollars for school infrastructure. Councilman DiPalma directed that these responses also be sent to Senator Reed.

Transfer Station Committee Appointments

The Council unanimously established a Transfer Station Committee to be comprised of three Council members and all three residents who applied:

• Councilman DiPalma
• Councilwoman Santos
• Councilman Vaillancourt
• Joseph F. Burns
• Paul LaMond
• Antone Viveiros

Planning Board Appointments Delayed

Since three last-minute applications had been received this evening, the Council unanimously voted to continue until the next meeting the matter of filling two vacancies on the Planning Board.

PUBLIC FORUM SESSION

One resident addressed the Council during the public forum session:

Manny Mello, referring to the newspaper account of a two-million dollar sewer system needed for Forest Avenue, said that this matter was never discussed by the Roads & Utilities Committee. Mr. Mello criticized the Administration for not discussing this issue with the Committee and indicated that this is a cause for residents not being willing to serve on committees because “they are never listened to.” Councilman Vaillancourt inquired “just for the record is Mr. Mello on the Roads and Utilities Committee?” Receiving a negative reply, Councilman Vaillancourt responded with a sarcastic “Thank you.” Editor’s Note: Mr. Mello regularly attends the Roads and Utilities Committee meetings as an interested spectator.

The Council adjourned at 9:02pm.

ADDENDUM

Mr. Santa’s formulas developed for assessing irregularly shaped lots are included here for the record:

Using Turner Road data where the average lot size was .78 acre (to see plotted data click here):

Equivalent frontage (ft) = 50 + 100 * lot size (acre)

Using data supplied by Solicitor Gorton where the average lot size was .44 acre (to see plotted data click here):

Equivalent frontage (ft) = 25 + 250 * lot size (acre)

FEBRUARY 21, 2006 MIDDLETOWN TOWN COUNCIL MEETING

President Paul Roderiques called the meeting to order at 7:02pm. Councilwoman Barbara Barrow and Councilman Edward Silveira Jr. were absent.

Executive Session

The first business conducted by the Council was to reconvene from the Executive Session and unanimously seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matters of “potential litigation, land acquisition, business (Governmental Health Group of Rhode Island Inc.) (Navy Privatization)”

Thirteen-item Consent Calendar

The consent calendar was adopted unanimously without comment.

New Victualling House License

The Council unanimously granted a new victualling house license to China Star II, 877 West Main Road.

Dogs and the Sachuest Point National Wildlife Refuge

In a letter to the Council and speaking in person, Sharon Ware, Assistant Refuge Manager of the Sachuest Point National Wildlife Refuge, presented the Council with ideas for controlling dogs in the area. Ms. Ware had two major concerns: (1) threat to the Piping Plovers and (2) inconsistency between Town ordinance and Refuge regulations. Since the Piping Plovers begin nesting in April, Ms. Ware would like to see the prohibition against unleashed dogs extended to cover April. Ms. Ware would also like a buffer zone extending from the Campground to the Refuge where dogs would be prohibited at all times. Additionally, Ms. Ware would like the Middletown Police to enforce these regulations, not only on Town property, but also upon the Refuge land as well. It was this latter point that Councilman Charles Vaillancourt objected to, stating that “we already are having difficulty with enforcement on Federal lands (west side Navy privatization).” In the end the Council took no action and suggested that Ms. Ware should discuss the matter with Middletown Police Chief Anthony Pesare.

Storm Water Ordinances Adopted

With Town Planner Ron Wolanski explaining that new ordinances were needed to comply with recent State Law regarding storm water control, the Council unanimously adopted the following amendments to the Zoning Ordinances, Subdivision Regulations, and Town Code:

• Drainage and Off-Street Parking and Loading
• Illicit Discharge Detection and Elimination
• Construction Site Runoff Control
• Storm Water Management

Planning Challenge Grant

The Council unanimously authorized the Planning Department to submit application for a $75,000 state grant to develop a Master Plan for the Atlantic Beach District (the limited business district located between Aquidneck Avenue/Valley Road intersection and Purgatory Road). The state grant, if received, would require a Town match of $18,750 in either cash or in-kind services. A Master Plan for this area greatly would increase the Town’s chances of obtaining construction grants to develop the area.

Police Mutual Aid Agreement with Portsmouth

The Council unanimously approved a Mutual Aid Agreement with the Portsmouth Police Department. This agreement will allow the Police to enter neighboring communities in non-emergency situations (such as pursuit of drunk drivers) and “increase the efficiency of both departments, avoid jurisdictional issues in prosecutions and streamline the establishment of probable cause.”

Status of State Revolving Fund Loans

Finance Director Shawn Brown presented the Council the following status information regarding the State Revolving Fund Loans that were authorized in 2004 and the projects for which the funds were used for:

Project	Start & Finish	Cost	Status
Allston Ave Area – Slip Lining & Manhole Rehabilitation	May 2006-September 2006	$300,000	Planning: Council resolved to fund this project on 7/18/05
Manhole Rehabilitation Project – Bailey Brook Interceptor	May 2005-September 2006	$1,000,000	Contracted
Miantonomi Ave Sewer Replacement	May 2005-September 2006	$189,975	Planning: Council resolved to fund this project on 7/18/05
Slate Hill Farm – Sewer Line Extension	April 2005-November 2006	$1,500,000	Award of contract pending
Wave Ave Pump Station – Renovation	June 2005-December 2006	$2,500,000	Engineering portion contracted
Balance of Birchwood Manor	August 2004-July 2005	$365,671	Contracted
Balance of Smythe Street	August 2004-July 2005	$84,354	Contracted
Total		$5,940,000

Councilman Louis DiPalma suggested that the CIP funds be increased in this year’s budgeting process so as to diminish the need for future borrowing.

Purchase of Used Crew Cab for Beach Operations

The Council unanimously authorized the Administration to find a used four-wheel drive crew cab pick-up to be used in beach operations and transportation of beach personnel. Initially the approval was granted for a maximum $7,500 expenditure, but when Councilman Vaillancourt indicated that it is unlikely such a used vehicle could be found for that price, the approved price was stated as “$7,500 or more.” The Administrator was tasked to seek such a vehicle and to report back to the Council for final approval.

Police Lockers Purchased

The Council unanimously awarded a $12,756.60 contract to Factory Supply, Inc., St. Petersburg, FL (low bidder) for the purchase of 44 lockers for the Police Department. The current lockers have been in use for over 25 years and the existing locking mechanisms are failing. The lockers are portable and movable and thereby could be moved and used in any new Police Station that might be built.

Change Order for Slate Hill Farm Construction

With construction not yet begun, the Administration asked the Council to approve a Change Order for the Slate Hill Farm project. The $118,240 change order was to allow Garofalo & Associates, the engineering and design firm, to continue on the project as the construction inspection firm. President Roderiques and Councilwoman Shirley Mello raised objections to this change order and asked why the inspection expense had not been included in the original contract. Hemming and hawing and without a good explanation, Town Engineer Warren Hall stated that the Administration made a decision not to include it in the original bid. In the end the Council unanimously approved the change order but cautioned the Administration that change orders are not going to be received well in the future.

Editor’s Note: One of the major deficiencies with the Turner Road project was the lack of a full-time, on-site, independent construction inspector. As a result of that construction fiasco, this Council decided that all future construction contracts shall have such an independent inspector and that the cost shall be included in the original contract. It was therefore surprising to find that the first large scale construction project after Turner Road, namely the Slate Hill Farm project, did not include the cost of the independent inspector. The Council was right in criticizing the Administrator on this point. However, the Middletown Newsletter believes that the Council was wrong in approving the change order and instead should have gone out for bid for an inspection contract. The approval of the change order leaves the impression of possible hanky-panky, in that, Garofalo & Associates could have submitted a low bid for the engineering and design effort knowing in advance that a change order for additional inspection work would be forthcoming. The Middletown Newsletter quickly states that there is no evidence that this hanky-panky arrangement indeed has occurred but the change order approval just smells bad.

Birchwood Manor Storm Drain Phase II

The Council unanimously approved a $160,927 contract to The Louis Berger Group, Inc., Providence, RI (high bidder) for engineering services on the Birchwood Manor Storm Drain Phase II project. Councilwoman M. Theresa Santos questioned the “hell of a big difference” between the awarded contract price and the $40,620 bid submitted by the other bidder. Town Engineer Warren Hall explained that the Louis Berger Group would be providing full-time, on-site inspection services whereas the other bidder would only provide part-time services. President Roderiques noted that “we are including inspection in this contract” receiving a weakly stated “Yes” from Engineer Hall. Councilwoman Santos then added “with this construction management contract there will be NO change orders, correct?” Initially responding “Yes”, Engineer Hall then indicated some conditions that might generate change orders. Resident Manny Mello addressed the Council and criticized the project as unnecessary and a waste of money stating that “all we do is spend money on engineering and consulting fees (and never fix the problem.)” President Roderiques injected that he was “beginning to get aggravated with (Mr. Mello’s) comments about wasting money.” Councilman Vaillancourt indicated that two “respected” Council members sit on the Roads & Utilities Committee and oversee projects such as these.

Sachuest Beach Building Architectural Study Awarded

The Council unanimously awarded a $25,000 contract to Newport Collaborative Architects, Inc., Newport, RI for an architectural study for a Sachuest Beach Building. Editor’s Note: A $250 lower bid from a Providence firm was among the four bidders.

Beach Manager Salary Increased

The Council unanimously approved a resolution approving a $21,500 salary for the Beach Manager for the 2006 beach season. Editor’s Note: The previous salary had been $20,000 and had not been increased since the 2004 beach season.

Utility Request Denied

The utility companies had requested permission to install three utility poles on Maloney Lane. The Council unanimously rejected this request based upon the recommendation of the Roads & Utilities Committee. Resident Art Benner explained that an existing pole could be used to provide the needed service without the necessity of erecting three new poles.

Appointments

The Council made the following appointments, all but the first being unanimous, and the first on a 3-2 vote with Councilwomen Mello and Santos opposed:

• Arthur S. Weber - Planning Board
• John M. Tucker - Planning Board
• Thomas A. Darby – Roads & Utilities Committee
• Linda Finn – Open Space & Fields Committee

Transfer of Funds

The Council unanimously approved the transfer of funds between various line items on the following budgets:

• $472,436 – General Fund
• $201,485 – Parks & Recreation
• $10,355 - Sewer

PUBLIC FORUM SESSION

One resident addressed the Council during the public forum session:

Stating that he would like to speak on “something nice for a change”, resident Art Benner presented the Council a copy of a letter from the RI Tree Council announcing that the Middletown Tree Association had been named as the 2005 recipient of the RI Tree Council’s BRANCH AWARD. This annual award is presented to organizations which strive “to stimulate public awareness for community trees.” An award ceremony will be held on Saturday, March 18, 2006 at the RI Tree Council’s 14^th Annual Conference at the Crowne Plaza Hotel, Warwick, RI between 11am and 12pm.

The Council adjourned at 8:12pm.

MARCH 6, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Vice Chairman Charles Vaillancourt called the meeting to order at 7:03pm. President Paul Roderiques and Councilwoman Shirley Mello were absent.

License Hearing – Transfer of Stock

A public hearing was held for the 100% stock transfer of Rusty’s, 44 Wave Avenue. Councilman Edward Silveira Jr. recused himself since his employer “is involved” with Rusty’s and Councilwoman Barbara Barrow recused herself since one of the petitioners was a former client. With three council members remaining, a quorum still existed and the stock transfer was approved by a unanimous vote. In was noted by Town Clerk Barbara Nash that the claim of indebtedness submitted by Del Nero Laundry had been satisfied.

Twelve-item Consent Calendar

Two items on the consent calendar received additional comment:

1. Addressing the Proclamation declaring March as American Red Cross month, Councilman Silveira praised the work of the Rhode Island Chapter and was “proud” to support the Council Proclamation.
2. Addressing the letter from the Beach Commission, Councilwoman M. Theresa Santos noted that the beach parking rates will remain unchanged for the coming season.

Community Development Block Grant

Town Planner Ron Wolanski explained that the public hearing is held to hear suggestions for projects that might receive federal funding to benefit low and moderate income residents of the town. Steve Osterguy, Church Community Housing, recounted past projects that had received CDBG monies and recommended (1) sidewalks for Roger’s Lane, (2) Senior Center renovations, (3) Lucy’s Hearth, and (4) Church Community Housing. Jimmy Winters spoke in support of the Housing Hotline program. The Council then closed the Public Hearing and likely will vote to prioritize projects for submission at the next meeting.

Natural Hazard Mitigation Plan – Amendment to Comprehensive Community Plan

The Council unanimously received on its first reading an amendment to the Comprehensive Community Plan for the inclusion of an Appendix detailing a Natural Hazard Mitigation Plan. Town Planner Ron Wolanski explained that this Mitigation Plan, initiated by Fire Chief Stephen Martin, will make the Town eligible for federal funds both pre and post natural disasters. No residents spoke at this public hearing and the Council likely will adopt this amendment on its second reading at the next meeting.

Wapping Road Drainage

As per last month’s Council request (see Middletown Newsletter 2/6/06), the Administration presented a cost estimate to solve the drainage and ditch problem on Wapping Road. Town Engineer Warren Hall submitted a $230,516.28 estimate for installing concrete pipe and covering and paving the ditch. An additional $400,000 would be needed to correct the entire drainage problem to extend up to Fayal Lane. Resident Manny Mello questioned why expensive concrete pipe would be used rather than cheaper plastic pipe, receiving the reply that the stronger concrete pipe is needed to support the weight of any vehicles that might go off the road onto the covered ditch. Resident Dennis Klodner spoke in support of immediate corrective action stating that “the road is coming apart and we don’t want another Turner Road (problem) in the Town – all we want is a road we can drive on; I don’t think we are asking for very much.” Councilwoman Santos agreed with Mr. Klodner and noted that “nothing is ever done until someone is killed.” Councilman Vaillancourt indicated that there is only $125,000 in the Capital Improvement Program (CIP) and urged that the Wapping Road project be referred to this year’s budgeting process. Councilman Louis DiPalma indicated that the CIP will need additional funding this year. The Council unanimously referred the matter to the budget process and noted that this project should be a top priority for funding.

Inflow and Infiltration (I&I) Removal Program

Public Works Director Tom O'Loughlin indicated that 70 households have been identified with illegal sump pump/roof gutter connections to the sewer system and that the owners have been notified that they have 30 days to correct the situation. Five to ten of the households have already fixed the problem and twenty more are in the process of doing so. As for the remainder, Public Works Director O'Loughlin indicated that he will sit down with Town Administrator Gerry Kempen and Town Solicitor Vernon Gorton to determine a course of action to take after the 30 day grace period has expired.

Veterans Exemption

The Council received a letter from Representative Kenneth Carter indicating that a new state law has been enacted providing property tax relief for Rhode Island Veterans who saw service during 50 locations and time periods. Representative Carter urged the Town to enact an ordinance to allow the tax relief to take effect. Solicitor Gorton indicated that the existing ordinance allows the tax relief immediately but will be submitting an amendment to update the language.

Slate Hill Farm Sewer/Water/Road Construction Contract Awarded

The Council unanimously awarded a $1,890,000 contract to East Coast Landscaping and Construction, Portsmouth, RI (low bidder) for Water, Storm Drain & Sanitary Sewer Improvements at Slate Hill Farm. Resident Ronald Santa questioned the contract regarding “ledge removal” and received an assurance from Town Engineer Hall that bid item #30 (“Rock Excavation and Disposal”) covers any ledge removal on the project. Citing ledge removal as one of the major discrepancies with the past Turner Road project, Mr. Santa urged the Council to beware of future change orders and negotiated higher fees for ledge removal that would not qualify under bid item #30. Councilwoman Santos inquired and received assurances from Engineer Hall that such change orders would not be forthcoming. The Council then directed the Solicitor to verify that bid item #30 would cover all ledge removal during the project and, if it did not, to prepare an addendum to the contract to specifically cover ledge removal. A resident of Slate Hill Farm indicated that he had heard a rumor that septic systems will be ordered closed by DEM after the construction project is completed and home owners will have additional costs to close and secure these septic systems. The Council directed Administrator Kempen to look into this rumor and report his findings to the Council.

Nonpartisan Elections Rejected

Saverio DeRuggiero, Middletown Republican Town Committee Chairman, asked the Council to place on the November 2006 ballot a question to make Town Council elections nonpartisan as was done in the past election for School Committee. This issue had been recommended by the last Charter Review Commission but had been rejected for ballot presentation by the previous Town Council. Three residents spoke in support of placing this issue on the ballot indicating that the nonpartisan School Committee seems “to be working fine;” whereas Richard Adams, Middletown Democrat Town Committee Chairman, spoke in opposition. Councilman DiPalma stated “I am a firm believer in following process” and indicated that the issue should be referred to the next Charter Review Commission (in the year 2010). Councilman Vaillancourt, while supporting the concept of nonpartisan elections in the past, stated “I am not comfortable in second guessing a prior Council.” Councilman Silveira then moved to put the issue on the 2006 ballot and voted against the motion which was defeated on a 2-3 vote with Councilwomen Barrow and Santos voting in the affirmative. Councilwoman Santos then attempted to continue this matter until the next meeting when a full council could discuss the issue but was not allowed to make that motion since only a member voting in the majority can ask to reconsider a question.

Wind Turbines for Public Buildings

John Tucker suggested to the Council that a committee be formed to investigate the feasibility of building wind turbines to power municipal buildings, particularly school buildings. Councilman Vaillancourt stated that “it was a terrific idea and I fully support it.” The Council unanimously directed the Town Clerk to advertise for candidates for such a committee.

Antone Viveiros Speaks

Resident Antone Viveiros requested to speak on two items:

1. Suggesting that the Economic Advisory Committee some day could use eminent domain to acquire land for business use, Mr. Viveiros wanted the Council to place a Charter Amendment on the 2006 ballot to prohibit such eminent domain use. As was the case in the nonpartisan election issue above, the Council referred this question to the next Charter Review Commission.
2. Citing the Capital Improvement Program projected expenses of $525,000 over the next three years for a new phone system for the School Department; Mr. Viveiros stated that the Town has more pressing needs and higher priorities such as the Wapping Road drainage problem.

Vice Chairman Vaillancourt then declared that Mr. Viveiros’ time had expired and a heated argument nearly erupted as Mr. Viveiros asked “Are you shutting me down?” However, Mr. Viveiros then left the podium and took his seat in the audience.

Fourth-grade Student Gets $250

The Council unanimously awarded $250 from the President’s Discretionary Fund to Justin M. Watkins, a fourth-grade student at John F. Kennedy Elementary School. Justin has recently been nominated to attend the 2006 National Young Scholar Program at Union College in Schenectady, New York, this July. The $250 will help to defray the $1919 tuition to attend the program.

PUBLIC FORUM SESSION

No resident requested to address the Council during the public forum session:

The Council adjourned at 8:36pm.

MARCH 20, 2006 MIDDLETOWN TOWN COUNCIL MEETING

With the Executive Session completed, Council members were ready to begin well before the start of the Regular Meeting. President Paul Roderiques called the meeting to order at 6:59pm. Councilman Edward Silveira Jr. was absent.

Executive Session

The first business conducted by the Council was to reconvene from the Executive Session held for the purpose of “land acquisition.” The Council then unanimously voted to “continue fee services under the current schedule” and to “look into” additional land acquisition. The Council then unanimously sealed the minutes of the Executive Session.

Twelve-item Consent Calendar

One item on the consent calendar received additional comment. Councilman Louis DiPalma asked that the Burrillville Resolution in support of House Bill 2006 – H6806, relating to school housing project costs, be supported and a copy of the Burrillville Resolution be sent to Middletown’s State Delegation.

License Granted

The Council unanimously granted a Holiday Selling License to The Tasty Tomato, Aquidneck Avenue.

Natural Hazard Mitigation Plan – Amendment to Comprehensive Community Plan

With no one speaking at the Public Hearing, the Council unanimously adopted, on its second reading, an amendment to the Comprehensive Community Plan for the inclusion of an Appendix detailing a Natural Hazard Mitigation Plan. This Mitigation Plan will make the Town eligible for federal funds both pre- and post- natural disasters.

Valley Town Center Bond Referendum

The Kempenaar Valley Ad Hoc Committee has recommended that the Council place on the November 2006 ballot a $2,000,000 bond question for the “construction, upgrade, or renovation of parks within Middletown, primarily for the Town Center in the Valley.” Committee Chairman Jay Manning spoke in support of this bond referendum stating that “we need to go forward with this project.” The Council referred the matter to the budgeting process wherein the Council will decide whether this will be one of the many bond referenda currently under consideration for the November ballot.

Combining Municipal and School Operations

Councilman DiPalma presented the concept of combining similar municipal/school operations to maximize effectiveness and efficiency. While most Council members suggested that this might be a good idea, Councilwoman M. Theresa Santos injected a note of caution that the Town might lose some school aid if these functions were to be combined. In the end, the Council unanimously approved a study to generate a single-page report, due on May 25, 2006, detailing the pros and cons of combining the following eight operations:

• Purchasing
• Recreation
• IT (Information Technologies)
• Grounds Maintenance
• Finance
• Facilities Management
• HR (Human Resources)
• Motor Pool

Zoning Ordinance Review Committee Requests Additional Time

In a letter to the Council, John West indicated that the reviewed document will be available by the deadline of March 27, 2006; however, two sections (Sign Ordinance and Cluster Development) require “further study and, perhaps, the expertise of a professional consultant to advise and draft appropriate language.” Not certain whether the Commercial Design Regulations will be totally reviewed by the deadline, the Council referred this matter back to the Committee for a clarification of the time line.

Dogs/Horses at the Beach

The Council unanimously received on its first reading, an amendment to the zoning ordinance controlling dogs and horses at the beach. The amendment bans horses and limits dogs to 5:00am-7:45am during the beach season from May 1 through September 30. During the off-season from October 1 through April 30, dogs and horses will be allowed. The amendment further stipulates that dogs shall be leashed at all times and that the horse rider must immediately remove any horse defecation. The Council likely will adopt this amendment on its second reading at the next meeting.

Horse Defecation on Public Places

The Council unanimously received on its first reading, an amendment requiring any person in control of a horse which defecates on any street, sidewalk or public place to immediately remove the waste. The Council likely will adopt this amendment on its second reading at the next meeting.

Harbor Master to be Sought

At the urging of Parks & Recreation Director Tim Shaw, the Council unanimously approved the solicitation of applications for the position of Harbor Master. Director Shaw indicated that CMRC has reviewed the preliminary Harbor Master Plan and has no major problems with it, offering only minor corrections. The final CMRC approval of the Harbor Master Plan will occur sometime in the future – tomorrow, next week, or next year!

Drainage Construction for Wolcott Avenue

The Council unanimously awarded a $176,841 construction contract to South Shore Utility Contractors, Inc., Johnston, RI (low bidder) for drainage construction on Wolcott Avenue. Resident Ronald Santa reminded the council that this work previously had been bid and awarded to Dicon Corporation as part of the Turner Road project. Mr. Santa suggested that monies for the Wolcott Avenue construction project be recovered in the law suit against the performance bond insurance company for the now defunct Dicon Corporation of Johnston, RI. Councilwoman Shirley Mello recused herself from this vote because her husband may provide materials to the construction company.

Architectural Design for Kempenaar Valley Conceptual Plan

The Council unanimously awarded a $12,900 contract to Fuss & O’Neill (sole source) for “civil engineering and landscape architectural design services” for a conceptual development plan for the Kempenaar Valley. The sole source contract was awarded “to maintain project synergy” since RIDEM had engaged Fuss & O’Neill to conduct engineering services related to the environmental cleanup of the valley.

Asphalt Paving Bid Award

The Council unanimously awarded a $94,996.30 asphalt paving contract to P J Keating Company, Cranston, RI (low bidder). Resident Ronald Santa again reminded the council that the Wolcott Avenue portion of this work had been previously bid and awarded to Dicon Corporation as part of the Turner Road project. Councilwoman Shirley Mello recused herself from this vote because her husband may provide materials for the proposed projects. Editor’s Note: there was some sort of amendment offered and approved regarding this contract specifically not applying to Wolcott Avenue but this reporter did not understand the amendment as presented and approved.

Legislative Agenda Support

The Council unanimously passed resolutions in support of state legislation for the following:

• Capital improvement contingency account to support sewer system
• Regulation of excavation into municipal roads and rights of way
• Increase of vehicle registration fees to maintain local roads
• Recycling fees
• Water line construction assessments for irregularly shaped lots
• Public utilities bear cost of infrastructure relocation
• Electronic open meeting law notification
• Payment of prevailing wage on public works contracts
• Reimbursement for Hurricane Katrina police expenses
• State income tax refunds applied to unpaid taxes

Resident Ronald Santa questioned why the water line construction assessment legislation would allow the Council to exempt a parcel of land from the assessment. Resident Antone Viveiros objected to the creation of a CIP fund specifically for the sewer system and inquired whether the increase vehicle registration fee was another tax. President Roderiques replied that the vehicle registration fee was another way of getting money for road repairs and stated that “we could ask for $50 million and not fix all our problems!”

Greene Lane Park & Midway Pier

The Council unanimously approved a resolution recommending the collaboration with the Aquidneck Island Planning Commission (AIPC) and the RI Department of Environmental Management to explore all means of developing a fishing pier and park at the western end of Greene Lane. Tina Dolan, AIPC Executive Director, spoke in support of the project and presented the council with a preliminary cost estimate for the project. Editor’s Note: Ms. Dolan told this reporter that the cost estimate report was located on the AIPC web site but I was unable to find it; however, an artist sketch of the proposed area can be found at the following site:

http://www.aquidneckplanning.org/PDF/GreeneLane.pdf

Appointments

The Council made the following unanimous appointments:

• Julian F. Peckham IV – Roads & Utilities Committee
• Arthur Weber – Planning Board representative on the Aquidneck Island Planning Commission
• Jan Eckhart – Planning Board representative on the Aquidneck Island Planning Commission
• Richard Adams – Planning Board representative on the Aquidneck Island Planning Commission (Alternate)

PUBLIC FORUM SESSION

No resident requested to address the Council during the public forum session:

The Council adjourned at 8:13pm.

APRIL 3, 2006 MIDDLETOWN TOWN COUNCIL MEETING

President Paul Roderiques called the meeting to order at 7:01pm. All Council members were present.

Nine-item Consent Calendar

Without explanation, Councilwoman Barbara Barrow recused herself from two items: applications for Amusement Licenses and applications for Mechanical Amusement Device Licenses. Two Consent Calendar items received additional comment and scrutiny:

1. Town Administrator Gerry Kempen explained that the submitted proposed FY2006-2007 municipal budgets are being held to the requested 3% increase; however, this does not recognize the full request of the School Department. The Public Hearings for these budgets tentatively are scheduled for Tuesday, May 30 and Thursday, June 8. The town-wide average for increases in the recent reevaluation is approximately 70%. Editor’s Note: If your increase in reevaluation is greater than 70%, you will pay higher taxes; however, if your reevaluation increase is less than 70%, you may pay less taxes depending upon the increase necessitated by this year’s budget increases.
2. Robert Silva, Chairman Economic Advisory Committee, spoke in recognition of Rite-Solutions – a Middletown company described by the NY Times as having developed and implemented an innovative “architecture of participation” that is “… both business like and playful.” Mr. Silva also took this opportunity to suggest that the Council increase the budget of the Economic Advisory Committee.

Councilman Vaillancourt Award

At the last Council meeting (unreported by the Middletown Newsletter), Councilman Louis DiPalma received a plaque from the Aquidneck Island Planning Commission (AIPC) honoring his work as the Council representative to that commission. Correcting an “oversight” at tonight’s meeting, Tina Dolan, AIPC Executive Director, presented Councilman Charles Vaillancourt with a similar plaque for his work on the commission. Editor’s Note: Councilman DiPalma had replaced Councilman Vaillancourt.

Gladys Rose Silveira Honored

The Council unanimously passed a proclamation honoring Gladys Rose Silveira and the 50^th Anniversary of the Silveira Kindergarten and Nursery School. President Roderiques read the proclamation and presented her with a Town tile.

Police Parade

The Police Parade is returning to Middletown this year on Sunday, May 7 and will begin at West Main Road/Beacon Street traveling south into Newport. The Council unanimously approved the “in-kind” services for police details, highway department personnel and town owned properties.

Licenses Granted

The Council unanimously granted the following licenses:

• North East Import, Pawtucket – Peddler’s License for Police Parade
• K & S Novelty, Providence – Peddler’s License for Police Parade
• Lannan Trucking, Bristol – Drain Layer’s License

Editor’s Note: the Peddler’s Licenses specifically prohibit the sale of “Silly String.”

Foul Weather Gear for Police Department

The Council unanimously approved the purchase of foul weather gear for the Police Department. Monies for this purchase will come totally from a grant without any required Town match. The clothing will be supplied by Newport Nautical, Newport, RI (2^nd low bidder) for $14,500 and Blowfish Embroidery, Middletown, RI will provide the necessary stenciling/embroidery for $1537.50. Without explanation, Councilwoman Barrow recused herself on this vote.

Water for Soccer Fields

In an apparent surprise to the Council, a proposal to bring public water to the Wyatt Road Soccer fields was on the docket. A letter from Paul Nunes, Newport Vineyard, offered to share expenses for a private water line to irrigate both the Vineyard and the soccer fields. Town Engineer Warren Hall recommended against the private line instead suggesting an expansion of the public water line from Berkeley Avenue at a cost estimate of $210,000. An additional annual cost of $8700 would occur if public water were to be used to irrigate the soccer fields. Stating that the cost of bringing public water to the soccer field would be seven times the cost of digging the currently authorized well, the Council rejected the proposal and Administrator Kempen declared that the well digging would begin tomorrow.

Zoning Ordinance Review Committee Granted Additional Time

Claire Pimentel explained that the Zoning Ordinance Review Committee (ZORC) cannot complete its review by the Council imposed deadline. Rather than submitting an incomplete review, the ZORC requested an extension to a “drop dead” deadline of June 1. President Roderiques expressed concern that the time allotted for review was not sufficient and stated “It is what it is.” The Council unanimously granted the time extension to June 1.

Council Supports Legislation

The Council unanimously approved resolutions in support of pending state legislation for:

• School housing project costs
• Stormwater control facilities

Veterans Exemption

State law recently expanded the definition of “veteran” for the purpose of tax exemptions. The Council unanimously received on its first reading, an amendment to the Town Ordinance to conform to the new state definition. The Council likely will adopt this ordinance on its second reading at the next meeting.

Dogs/Horses at the Beach

The Council unanimously adopted on its second reading an amendment to the zoning ordinance controlling dogs and horses at the beach. The amendment bans horses and limits dogs to 5:00am-7:45am during the beach season from May 1 through September 30. During the off season from October 1 through April 30, dogs and horses will be allowed. The amendment further stipulates that dogs shall be leashed at all times and that the horse rider must immediately remove any horse defecation.

Horse Defecation on Public Places

The Council unanimously adopted on its second reading an amendment requiring any person in control of a horse which defecates on any street, sidewalk or public place to remove the waste immediately.

Appointments

The Council made the following unanimous appointments:

• Thomas R. Newman – Zoning Board of Review (Regular member)
• Richard Cambra – Zoning Board of Review (1^st Alternate)
• Melissa Massey – Zoning Board of Review (2nd Alternate)
• Judith L. Brennan – Juvenile Hearing Board (reappointment)
• Barry W. Clark – Juvenile Hearing Board (reappointment)
• George B. Ramsey – Juvenile Hearing Board (reappointment)
• David Kilroy – Financial Planning Committee

Editor’s Note: Without explanation, President Roderiques and Councilman Edward Silveira Jr. recused themselves on the votes for Zoning Board appointments

PUBLIC FORUM SESSION

One person requested to address the Council during the public forum session:

Allen Shers, Portsmouth resident and Business Owner of 190 East Main Road, explained that he had been clearing trash off his Valley Road property which abuts Ludlow Road, Bristol Road, and Buck Road. Mr. Shers complained of the large amount of rubbish that had been thrown on his property, apparently by the abutting neighborhood. He asked for Town assistance in removing the three remaining piles of rubbish. Administrator Kempen indicated that this problem is being addressed and the perpetrators of trash dumping are being pursued.

The Council adjourned at 7:58pm.

APRIL 17, 2006 MIDDLETOWN TOWN COUNCIL MEETING

President Paul Roderiques called the meeting to order at 7:01pm. All Council members were present.

Twenty-three Item Consent Calendar

Without explanation, Councilwoman Barbara Barrow recused herself from six items, all dealing with “the cancellation of taxes for certain Middletown taxpayers.” Councilman Edward Silveira Jr. recused himself from three items (Hawker’s License, Amusement License, and Peddler’s License) stating as a reason that “his company may have “a potential future business interest” with these establishments.

The Council unanimously accepted the Consent Calendar; however, two Consent Calendar items received additional comment and scrutiny:

3. Councilwoman M. Theresa Santos questioned the increased hours of operation for the Building Inspector Department and their potential impact upon other Town Departments. Town Administrator Gerry Kempen explained that the proposed 40 hours per week, rather than the current 35 hours per week, were initiated by the Department itself and are unlikely to expand to other departments. This matter was continued until next meeting at which time the cost of these increased hours of operation will be explained.
4. Councilman Charles Vaillancourt questioned the safety of the aged fleet of trucks being operated by Del’s Lemonade which was applying for a renewal of its Peddler’s License. Stating that he had observed one truck with a bald front tire and a missing headlight, Councilman Vaillancourt wanted to question the owner, Representative Bruce Long, who was not in attendance. Town Clerk Barbara Nash said that she would ask Representative Long to be in attendance at the next meeting and the matter was continued until then.

License Granted

The Council unanimously granted a Victualling House License to Jim’s Deli, 957 West Main Road. Councilman Silveira recused himself on this matter without explanation.

Horse Riders are Heard

The Council received a letter from the Aquidneck Island Horseman’s Association and three of its members spoke at the podium. Stating that they have been working on this problem since 1968, Barbara Platt said that “riding (horses) on the beach is a privilege and we don’t want to lose it.” The Association is preparing a brochure for its members and the general public indicating the rules, ordinances, and proper procedures for riding horses at the beach and on public roads. Concerns were raised about the out-of-date and improper signage at the beach - Administrator Kempen will look into this matter. As for the new ordinance passed by the Council at the last meeting there are two concerns: (1) penalty differences between dog/horse manure removal - Solicitor Gorton does not believe there is a difference in the amount of fines but will look into it and (2) the requirement for “immediate” pickup of horse manure since it is impossible for a rider to dismount immediately and clean the mess – the rider would like to return later to pick up the manure. When questioned about horse “diapers”, it was stated that they cannot work on horses being ridden and that they only work on horses that are pulling carriages. Solicitor Gorton was directed to draft another ordinance amendment to rectify the “immediate pick up” problem and to clarify the fine structure.

Moorings – Use it or Lose it

Parks & Recreation Director Tim Shaw proposed a new policy regarding the Third Beach boat moorings – “Use It, or Lose It.” Stating that only 25 of the existing 65 moorings had boats attached last year and that a waiting list of well over one hundred exists, Director Shaw wants to cancel renewals of unused moorings so that the waiting list could be reduced. Councilman Vaillancourt stated “if the fees are cheap enough for someone to pay and not use the mooring for many years, then the fees are too cheap.” Resident Manny Mello also suggested that “the mooring fees are too cheap.” Rian Wilkinson, Chairman Beach Commission, said he supports the Parks & Recreation position of “Use It, or Lose it.” Since the renewal applications have already been sent for this season, the Council will not make any changes for this year; however, changes should be forthcoming for subsequent seasons.

Use of Municipal Property

Councilman Louis DiPalma introduced a proposed policy governing the conversion of Municipal property into a use not originally intended by deed or historical use. Councilman DiPalma stated that the impetus for this proposed policy was the recent discussion of using the “Christmas Tree Farm” on Valley Road as the proposed site for a new Police Station. The new policy would require the Council to determine that whatever property to be modified “is the only feasible site for the proposed use” and that similar property has been acquired as a replacement. A representative of the Aquidneck Island Land Trust spoke in support of the proposed policy. The matter was referred to the Solicitor for final drafting.

Economic Development Forum

Robert Silva, Chairman Economic Advisory Committee, suggested that the Town Council host a breakfast meeting Business Forum “as a way of promoting Middletown to the business community.” Much of the work for hosting this forum already has been done. The Newport Chamber of Commerce has agreed to co-host the event and send invitations to the various businesses. The Atlantic Beach Club has agreed to be the host site and a number of businesses have agreed to share the cost of the breakfast. The Council agreed to co-host the event which will be held on Wednesday, June 21 from 8:00am-9:30am.

Toilets for Beaches and Athletic Fields

The Council unanimously awarded a $24,412 two-year contract to Hallman’s Septic and Portable Toilets, LLC (low bidder) to provide toilet facilities at the Sachuest Beaches and the Town’s athletic fields. The funding for this contract will be paid out of the Beach operating budget. Discussion occurred on the possibility of purchasing a “toilet trailer;” however, this possibility was continued for future determination.

Veterans Exemption

State law recently expanded the definition of “veteran” for the purpose of tax exemptions. The Council unanimously adopted on its second reading, an amendment to the Town Ordinance to conform to the new state definition.

Commercial Design Regulations

With no discussion, the Council unanimously received on its first reading an ordinance prepared by the Solicitor changing the deadline for adoption of the Commercial Design Regulations to August 7, 2006. The Council likely will adopt this ordinance on its second reading at the next meeting. Editor’s Note: In March 2005 (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. The Council subsequently extended that deadline to January 17, 2006 (see 8-15-05 Middletown Newsletter), then to May 15, 2006 (see 1-3-06 Middletown Newsletter), and will now extend the deadline until August.

Aquidneck Restaurant and Pizzeria

On the docket was a request by Elizabeth Amarant & Eleni Moisiades to speak concerning building/zoning issues at their business; however, the Clerk informed the Council that the speakers were requesting a continuance to the May 1^st meeting. Councilman Vaillancourt suggested that the request to speak to the Council was inappropriate since it involves a decision from the Zoning Board (which the Council has no control over) and the attitude of a Town employee toward them (which is a Personnel matter). Councilman Vaillancourt moved, and the Council unanimously agreed, to refer this matter to the Solicitor to determine if it is an appropriate discussion at a Town Council meeting. Without explanation, Councilman Silveira recused himself from this matter.

Karen Roarke Resigns

Without comment, the Council unanimously accepted the resignation, effective immediately, of ex-Councilwoman Karen Roarke from the Open Space & Fields Committee and the Kempenaar Valley Ad Hoc Subcommittee.

$250 Donated for Middletown/Rogers Baseball Game

On May 5, 2006 at the Doubleday Field in Cooperstown, New York (Baseball Hall of Fame), Middletown High School and Rogers High School will play a baseball game. The Council unanimously voted to donate $250 to help defray the cost of this trip.

$100 Donated for NAACP Golf Tournament

On Saturday, June 10, 2006, the Newport County Branch of the National Association for the Advancement of Colored People will be hosting its Ninth Annual Golf Tournament. As has been done in years past, the Council unanimously voted to donate $100 to sponsor one of the holes.

REEVALUATION

Included in the docket was a report concerning the recent statistical reevaluation. Administrator Kempen explained that the average increase for residential property town-wide was 73%. Any residence that increased in its valuation by more than 73% should see an INCREASE in taxes for the next year; however, any residence than increased in valuation by less than 73% should see a DECREASE in taxes next year, except for any increase taxes necessitated by this year’s budget increase. Councilman Vaillancourt disagreed with this analysis by the Administrator, stating that the business properties had a significantly less increase in valuation and therefore the tax burden is likely to shift from business to residential, thereby causing an increase in taxes for ALL residences. Administrator Kempen suggested that the Council could/should, during the ongoing budget discussions, adjust the tax rates to compensate for differences in business/residential valuation increases thereby making the reevaluation process revenue neutral. Editor’s Note: If residents do not want a “sticker shock” in September when the new tax bills come out, it is imperative that they tell the Council to readjust the business tax rate and residential tax rate to negate the differences in valuation increases!

PUBLIC FORUM SESSION

No one requested to address the Council during the public forum session:

Prior to the Council adjourning at 8:35pm, the Clerk announced a joint session of the three Island Councils (Newport/Middletown/Portsmouth) to be held in Newport on Wednesday, May 3 to discuss items of mutual concern.

MAY 1, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Disclaimer: I did not attend this meeting in person. In an attempt to report something for the archives, I videotaped the meeting from cable television, reviewed the tape, and reported on that.

All Council members were present.

Ten-item Consent Calendar

Without explanation, Councilman Edward Silveira Jr. recused himself from item #9 (Hawker’s License)

Three Consent Calendar items received additional comment and scrutiny:

5. Without specifying what the questions were, Councilwoman M. Theresa Santos asked Town Administrator Gerry Kempen if he had answers to her questions that she had asked earlier in the day regarding the Financial Statement. Administrator Kempen replied that he did not have those answers and that Councilwoman Santos should contact the Finance Department directly tomorrow.
6. Councilman Louis DiPalma commended the Planning Department in obtaining a $50,000 Planning Challenge Grant from the State for the development of an Atlantic Beach District Master Plan.
7. Administrator Kempen informed the Council that the applicants for three Hawker’s Licenses (Telly and Elizabeth Amarant) were $2000 in arrears for Beach Concession rental. The applicants were withholding the rent payment in a dispute with the Town claiming that the delay in installing an overhead door at the Beach Concession stand had resulted in the business loss of $2000. Councilman Charles Vaillancourt made a motion to approve the licenses on the condition that the applicants should be “a tenant in good standing” and the Council unanimously approved the license with this amendment.

Commendation for Stanley Grossman Delayed

Since Stanley Grossman did not attend this meeting, a Commendation for him was postponed until the next Council Meeting. The Commendation recognizes Mr. Grossman’s twenty years of service to the Middletown Historical Society and establishes June 25, 2006 as Stanley Grossman Day in the Town of Middletown.

Peddler’s Licenses for Del’s Lemonade Granted

At the last meeting, Councilman Charles Vaillancourt questioned the safety of the aged fleet of trucks being operated by Del’s Lemonade and continued the matter of granting a Peddler’s License until Representative Bruce Long appeared and answered some questions (see Middletown Newsletter 4/17/06). Although Representative Long could not attend, he sent an email with an explanation regarding his fleet of trucks.

Apparently the email explanation was sufficient since the Council unanimously awarded the license. Councilman Vaillancourt then directed the Town Solicitor to draft an ordinance that would require every applicant for a Peddler’s License to provide proof that all its vehicles have current inspection stickers and are in good operating condition. Without explanation, Councilman Edward Silveira Jr. recused himself from voting on this matter.

Licenses Granted

The Council unanimously granted the following licenses:

• Victualling House License – Dawg House, 1132A Aquidneck Avenue. Without explanation, Councilman Edward Silveira Jr. recused himself from voting on this matter.
• Drain Layer’s License – R & R Excavating Co., Wakefield, RI
• Private Detective License – Ryan P. McCormack, 969 West Main Road
• Itinerant Vendors License – Newton Oriental Rugs, Needham, MA

Junior Post-Prom Gets $200

As has been the yearly custom, the Council unanimously granted a $200 donation to the Middletown High School Junior Prom post-prom event to be held on Friday night, May 19^th from midnight to 2 am.

Army Recruiters at Dunlap Wheeler Park

Rowena Dunlap Burke complained that the Army National Guard had used Dunlap Wheeler Park with the result that “they tear up the grass and crush down the earth with all their heavy gear for their climbing tower and their large-wheeled vehicle.” Administrator Kempen explained that the Army National Guard had sought permission and obtained the necessary permits to conduct this demonstration and recruiting exercise at the park. Administrator Kempen further stated that he had examined the park after the activity and that no damage had been detected.

GIS Mapping Contract Awarded

The Council unanimously awarded a $32,800 contract to Fuss & O’Neill, Providence, RI (second low bidder) for mapping service as part of the Town’s geographic information system (GIS). The passing over of the low bidder ($24,200) and the selection of Fuss & O’Neill was a recommendation of Town Planner Ron Wolanski and the review committee consisting of Samantha Hogan, Bill Shorey, and Mary Hutchinson.

Shotgun Range at the Clambake Club

An objection to the discharge of shotguns at the Clambake Club was continued to the May 15^th meeting.

Building Inspector’s Department to Remain at a 35-hour Work Week

All Town Hall employees work a 35-hour week; however, the Building Inspector had requested that his department expand to a 40-hour work week to serve the public better (see Middletown Newsletter 4/17/06). The increased yearly cost for these additional work hours was estimated at $19,012. President Roderiques indicated that he was opposed to the increase since he was concerned with the impact it might have on other departments. Councilwoman Santos said that Administrator Kempen wants a 40-hour work week for all departments but Administrator Kempen denied that he had ever said that. Councilman DiPalma suggested that the increased hours might be done on a one-year trial basis. The increased work week was rejected by a 3-4 vote with Councilmen DiPalma, Silveira, and Vaillancourt voting in the affirmative.

Police Portable Radios Purchased

The Council unanimously approved the purchase of portable radios for the Police Department. The total cost was $38,634 and the funds come entirely from the State Homeland Security Grant. Editor’s Note: the process for this purchase was not normal in that the purchase had been made prior to Council approval, no formal Council resolution was drafted and adopted, and no apparent bidding process was followed

School Committee Compensation

On the docket was a memorandum from Superintendent Rosemarie Kraeger reminding the Council of the Town Charter, Section 804 that states that the Town Council shall fix, by ordinance, the compensation for the next School Committee members prior to the election. Administrator Kempen was directed to determine the current compensation for School Committee members in other communities and report back to the Council.

Use of Municipal Property

After minor revisions by the Town Solicitor, the Council on a 6-1 vote, with Councilwoman Santos opposed, approved a policy governing the conversion of Municipal property into a use not originally intended by deed or historical use. Councilman DiPalma originally had proposed this policy statement and explained that the impetus for this proposed policy was the recent discussion of using the “Christmas Tree Farm” on Valley Road as the proposed site for a new Police Station. The new policy would require the Council to determine that the property to be modified “is the only feasible site for the proposed use” and similar property has been acquired as a replacement for the property that is being converted. Ted Clement indicated that it was a good policy and Manny Mello supported the use of the “Christmas Tree Farm” as a new police station site.

Bridget Keefe Resigns from Canvassing Board

The Council unanimously received and accepted the resignation of Bridget M. Keefe from the Canvassing Board.

Appointments to Wind Turbine Study Committee

The Council unanimously appointed the following people to a committee to study and consider the use of wind turbines to power municipal buildings:

• John Tucker (Vice Chair Planning Board)
• Michael Demarco
• Peter T. Tarpguard

PUBLIC FORUM SESSION

No one requested to address the Council during the public forum session:

The Council adjourned 47 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 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.

MAY 15, 2006 MIDDLETOWN TOWN COUNCIL MEETING

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 7:01pm. President Paul Roderiques called the meeting to order at 7:06pm. Councilman Charles Vaillancourt was absent.

Executive Session

The first business conducted by the Council was to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “potential litigation” (case not identified.)

Eight-item Consent Calendar

The consent calendar was unanimously adopted without comment.

Commendation for Stanley Grossman

The Council unanimously passed a resolution commending Stanley Grossman for his twenty years of service to the Middletown Historical Society. In addition to praising the accomplishments of Mr. Grossman, the Council Resolution also established June 25, 20006 as Stanley Grossman Day in the Town of Middletown. President Roderiques read the proclamation and presented Mr. Grossman with a Town tile. Mr. Grossman thanked the Council and suggested that the Council consider an annual award, since there are many more citizens who work tirelessly in various organizations for the good of the Town.

Senior Post-Prom Gets $200

The Council unanimously granted a $200 donation to the Middletown High School Senior Prom post-prom event held on May 12th. Editor’s Note: At the last meeting, the Council donated $200 for the Junior Prom post-prom event.

Shotgun Range at the Clambake Club

With Attorney Michael Miller speaking on behalf of Russell J. Dulac, objections were made to the shooting of shotguns at the Clambake Club, especially since alcohol is served at the Club. Stating that firearms and liquor together create a “dangerous situation” that requires regulation; Mr. Miller recommended that the Council refer this matter to the Town Solicitor and Police Chief for their evaluation and opinion. Two officials of the Clambake Club spoke in defense stating that “safety is their most important concern” and that the Club has operated over one hundred years without an incident. Furthermore, these Club members indicated that alcohol is not consumed by any shooter, although there are short overlapping periods of time when shooting is occurring and alcohol is being served at the clubhouse. Russell Dulac, speaking for himself, said he fears for his two small children who will be playing in their own yard with shotguns being fired 110 feet away. Mr. Dulac said that “This is where I live; it is only a hobby for them. This is an accident waiting to happen.” Two other neighbors to the Clambake Club also spoke – one in support of Mr. Dulac’s position and one in support of the Clambake Club. After the Council questioned the Clambake Club officials on various procedures, the matter was continued to the June 19^th meeting. The Town Engineer will prepare a detailed sketch of the area indicating exact distances from the shooting range to the neighbors’ homes and properties. The Solicitor and Police Chief will also review the situation for legal and safety issues.

Police Portable Radios Purchased

The Council unanimously approved the purchase of portable radios for the Police Department. The total cost was $39,855 and is funded entirely from the State Homeland Security Grant. Editor’s Note: it was not clear to this reporter whether this was an additional purchase or a slightly expanded purchase of the approval given at the last Council meeting (see Middletown Newsletter 5/1/06.)

Arsenic Mitigation at The Valley

Since arsenic levels in excess of DEM regulations (7.0 ppm) have been detected at The Valley, the Town will not be able to develop the property until the arsenic has been mitigated at an estimated cost of $500,000. However, a provision of state law would negate the requirement to mitigate the situation if it could be shown that the arsenic levels are naturally occurring and normal for the area (town-wide). In an effort to avoid the $500,000 cleanup, Town Administrator Gerry Kempen had proposed a study to determine if the arsenic problem is natural and town-wide. An $8,750 contract with The Louis Berger Group to conduct this arsenic study was before the Council for approval. Resident Manny Mello said that the Council would be “opening a big can of worms” if the arsenic study were approved, since other property likely would be identified as contaminated. Councilwoman Shirley Mello asked if other communities had attempted to avoid arsenic mitigation by conducting a surrounding area study and, if so, with what success. The matter was continued to the next meeting in order to obtain an answer to Councilwoman Mello’s question.

Wave Avenue Forced-Main Replacement Project

The Council unanimously awarded a $96,918.20 contract to C&E Engineering Partners, Inc., Woonsocket, RI for additional design and construction management services for the Wave Avenue sewer forced-main replacement project. Resident Antone Viveiros spoke in opposition and proposed that a larger pipe should be installed; however, DEM and the City of Newport have placed restrictions on this line which will inhibit any future increase of sewer flow. Resident Manny Mello spoke in support of further testing of the existing pipe, indicating that he believed that the pipe had a manufacturer’s defect since it rotted from the outside.

New Phone System for the Town

The Council unanimously approved a $46,359 contract with Econotel Business Systems, Inc., East Providence, RI (low bidder) for a replacement phone system for the Town. The system will consist of 75 phones covering all Town facilities, excluding the School Department. President Roderiques raised the concern that phones would not be answered by real people and that the system would have a complicated automatic answering service whereby callers will have to press various keys to make a connection. Administrator Kempen assured the Council that such an automatic answering service will not be used and that Town employees will answer all incoming phone calls. Resident Antone Viveiros, while supporting this contract, noted that the School Department has allocated in its Capital Improvement Program an amount of $525,000 for an upgrade to its phone system!

Horses Manure Ordinance

Town Solicitor Vernon Gorton submitted two ordinances correcting the problem with horse manure cleanup - one ordinance for the beaches and the other ordinance for other public places and streets. Both ordinances would remove the requirement for immediate cleanup and instead require the rider to remove horse waste “as soon as circumstances will allow having due regard for the safety of horse, rider and general public.” Both ordinances would also standardize the penalty for violation to be the same for dog waste cleanup, namely, fines of $20, $30, and $50 for first, second and third offenses. The Council received both ordinances on their first readings and likely will adopt the ordinances at the next meeting on their second readings.

Non-Profit Organizations Asked to Help

Every year civic organizations have asked for contributions from the Town and every year the Town has made such donations, donating $119,924 in last year’s budget. In this year’s proposed budget, twenty-five civic organizations have asked for a total of $201,251 which amounts to an $81,327 increase. Administrator Kempen has made an interesting suggestion that non-profit organizations in the Town be asked voluntarily to sponsor these civic organizations thereby relieving the taxpayer while compensating the Town for the non-profit’s tax exempt status. With President Roderiques stating that he “couldn’t think of a down-side (to the proposal)” and Councilman Edward Silveira Jr. stating “ideas like this certainly can’t hurt”, the Council unanimously gave Administrator Kempen permission to send these request letters to the non-profit organizations (private schools, churches, etc.)

Anne Hutchinson Bridge

Representative Amy Rice has submitted legislation to name the new Sakonnet Bridge in honor of Anne Hutchinson, the founder of a colony on Aquidneck Island and “a leader for the rights of religious freedom and gender equality.” The Council unanimously supports this legislation and a Council Resolution will be prepared for adoption at the next meeting.

PUBLIC FORUM SESSION

No one requested to address the Council during the public forum session:

The Council adjourned at 9:15pm.

1^st Budget Hearing, Tuesday, May 30

2^nd Budget Hearing, Thursday, June 8

MAY 30, 2006 BUDGET PUBLIC HEARING #1

Since this reporter was under the mistaken belief that the meeting was scheduled to start at 7:00pm, I arrived fifteen minutes after the start of the meeting which actually had begun sometime around the actual scheduled start time of 6:30pm. All council members were present. Editor’s Note: Calling Town Hall the following day, I discovered that nothing significant had occurred in the early few minutes that I had missed, since little or no introductory remarks were made by the Administration and I arrived as the first member of the audience was speaking.

This budget meeting was reminiscent of meetings long ago where the audience was divided into two groups. Teachers and their supporters sat on the right side of the room (facing the dais) whereas taxpayers critical of the School budget sat on the left side. Although the Council Chambers were not full, the audience was larger than last year’s. The meeting concluded at 8:45pm.

Editor’s Note: the second and final public hearing on the proposed budget will occur at 6:30pm on Thursday, June 8 in the Town Hall.

DETAILED ACCOUNT

Town/School Budget Hearing

1. Arthur Benner pleaded for tax relief stating that the “elderly are the backbone of this community and they can no longer afford to live here.” Mr. Benner cited the rising taxes as the cause of “many residents moving out.”

2. Jay Manning was critical of a recent Council decision not to place a $2 million bond issue on the November ballot for the development of open space at “The Valley.” Stating that “citizen committees serve a useful and beneficial purpose to the Town,” Mr. Manning reminded the Council that the Valley Ad Hoc Committee, which he chairs, and the Open Space Committee had recommended that the Council seek such a bond referendum and the Council, at a Special Workshop where no citizen input was allowed, voted against the proposal. Mr. Manning then requested the Council to reopen and reconsider the vote.

President Roderiques stated that this is not an issue for the budget hearing and then explained the Council’s decision. Stating that the State is seeking $16 million in Open Space bonds on the November ballot, the Council did not think it appropriate to ask for an additional $2 million, especially when one considers that the Town has $1.2M-$1.5M unused funds from the previously approved Open Space bond referendum.

3. Manny Mello stated that the School budget is his biggest concern and noted that “the lower (number) the students we get, the higher the budget we get.” Mr. Mello wondered why Middletown with 2475 students has a higher budget that Portsmouth with 3200 students. Mr. Mello concluded by stating that “level funding would still give them (School Department) enough money.”

4. Elizabeth Bozyan appreciated the proposed budget with its low tax increase and stated “the Council has done an excellent job.”

5. Frank Bozyan stated that a 6.53% increase as proposed by the School Department “is not supportable in the long term. Mr. Bozyan recommended that the Council “keep tax increases in the range of inflation.”

6. Mason Hawes, admitting to being “a little emotional tonight”, asked “What is our vision for Middletown?” “Do we want to stay the same,” he continued and answered his own question with “I do not.” “Everything we do today is costly. We are going to need a lot of money to protect the heritage of the Town,” Mr. Hawes said. With this as a preamble, Mr. Hawes pressed his support for the $2M Open Space Bond that the Council had rejected and stated “I don’t want to wait on the Valley; I want to do it now.” On the matter of the School budget, Mr. Hawes said that every year he feels like a pawn being tugged between the Town Budget and the School Budget. Mr. Hawes concluded with “I get angry when the cuts affect my kids.”

7. George Rideout asked “where is the money coming from for the tax increases?” Mr. Rideout suggested that Town employees should pay for their benefits.

8. Libby Ivy, representing herself as an elderly taxpayer and teacher, asked the Council if any of them had tried to get additional State and/or Federal funding for the schools to cover the cost of mandated programs. Urging the Council to support the school budget, Ms. Ivy said “we have many troubled kids in our system (who need our help).”

9. Antone Viveiros asked what is done with reimbursement monies, for school construction and or mandated programs? The reply was that monies received go into the school budget to defray expenses and thus is used to relieve taxpayer payments.

10. Michael Cunningham stated that his wife is a teacher at the Middletown Planetarium and then asked what the plans are for the future of the planetarium. “Will the Planetarium be privatized or closed?” he asked and suggested that Senator Reed was willing to appropriate $1 million for the Planetarium. Mr. Cunningham then attacked the unfunded mandates directed by the State and Federal governments. “We are here as a country because of unfunded mandated (Revolutionary War),” Mr. Cunningham said and suggested that School Committee should “say NO to unfunded mandates, arrest us, we are not going to do programs that have not been funded.”

The School Committee’s response was that “there are repercussions if you don’t follow guidelines, rules, and laws.” The School Committee then asked the rhetorical question: “would you say no to a parent with an autistic child wanting an education?”

11. Christen Robinson, a teacher and mother of three, said “it kills me to hear someone say ‘Just say No’”, and added that “the kids of Middletown need this money.”

12. Ann Coogan, representing herself as a teacher, parent, resident, and taxpayer, stated that her “children deserve the same things that you got …. We can’t say no.”

13. Ronald Santa asked what was the $965,316 listed as “Transfer out to Other Funds” and to where was it being transferred? The answer from the Administration was to a dedicated fund to cover a large State Retirement payment that will come due in a few years – Middletown is preparing for this large payment by putting aside a portion of the payment each year. Finance Director Shawn Brown indicated that the audit had been completed and would be presented to the Council soon; however, the audit indicates no change in the Undesignated Fund Balance ($4.8 million). Mr. Santa then addressed the upcoming teacher’s contract. All municipal employee contracts, not just teachers, have more costs than the simple amount of the salary increase, Mr. Santa said. For instance, when the last contract was approved, it was announced that salary increases were in the 3% range; however, when the impact of benefits and retirement costs are computed, each Town employee has cost the taxpayers a 7%-10% increase in each of the last three years. Mr. Santa asked the teachers to consider this during the negotiations and asked the School Committee to tell the taxpayers the full financial impact of the finalized contract.

14. Lina Hall, indicating support for the School budget, said “it is important for my kids.”

15. Manny Mello (again) said that he has never been “against teachers’ getting a decent salary” suggesting that these salaries comprise 60% of the School budget. The School Committee corrected Mr. Mello’s statement indicating that salaries and benefits of employees comprise 80% of the School budget.

With no more attendees wanting to address the Council, Councilman Louis DiPalma presented handouts to each fellow Council member and explained his proposal to spend $25,000 to hire a consultant to foster economic development in the Town and thereby expand our tax base. Citing a $1 million potential in increased tax revenue from the currently unused commercial property in the Town, Councilman DiPalma said the consultant would develop plans, strategies, and material for economic development.

Referring to a comment made by the School Committee, Councilman Charles Vaillancourt said that “there is NOT a strained relationship between the Town Council and School Committee.”

16. Robert Silva, Economic Advisory Committee Chairman, spoke in support of Councilman DiPalma’s proposal to hire a consultant for economic development. Mr. Silva said that “the $25,000 won’t solve any problems itself, but is a modest step forward and will be used as seed money.” Referring to the dollar amount, Mr. Silva said “it is insignificant to the taxpayer, but significant for the future of the Town.”

Park & Recreation Budget Hearing

1. Ronald Santa asked how much money was in the “Undesignated Fund Balance” and received the reply that the amount was near zero. Mr. Santa then questioned where the $375,000, existing at the time of last year’s budget hearing had been spent, but received no answer. Referencing the lack of beach fee increases this year; Mr. Santa castigated the Council for its willingness to increase taxes on the residents but its reluctance to increase fees on beachgoers, many of whom are non-residents of Middletown. Mr. Santa then reminded the Council of his long stated position that some monies from the beach revenues should be transferred to the General Fund to help reduce taxes on Middletown residents.

2. Michael Cunningham also urged beach fee increases suggesting the analogy of banks who charge their own customers for ATM services while allowing customers from other banks to use the ATM machines at no cost or the same cost.

Councilman Vaillancourt then inquired whether private parking spaces at businesses at the Atlantic Beach area are reducing parking revenues to Middletown’s beaches. The Town Solicitor and Building Inspector were then tasked to determine if restaurants, required to maintain a minimum number of parking spaces for patrons, can rent these parking spaces to beachgoers.

3. Manny Mello suggested that other communities charge separately for parking and for beach access and wondered if the Town could avoid the Federal restriction on non-resident fees by taking a similar action.

Sewer Budget Hearing

1. Ronald Santa asked if the law had been passed to allow the creation of an “Undesignated Fund Balance,” receiving the reply that it had not yet occurred.

2. Manny Mello then questioned the new $90,000 expense for meter reading receiving the reply that this cost has been mandated by the Public Utilities Commission.

3. Art Benner, referencing this new meter reading charge, said that it seems to be a double charge in that the individuals are charged for meter reading and now the Town is also getting a charge for the same reading.

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 5, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Prior to the regular meeting, the Council held an Executive Session in a room other than the Council Chambers. The Council concluded the Executive Session and returned to the Council Chambers at 6:56pm. President Paul Roderiques called the meeting to order at 7:02pm. All Council members were present.

Executive Session

The first business conducted by the Council was unanimously to appoint a “review committee for the Town Administrator” and to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “personnel (Town Administrator) land.”

Senior Center Alcoholic Beverage License

The Council unanimously granted a one-day alcoholic beverage license to the Middletown Senior Citizens Center for June 21, 2006, 2:00pm-4:00pm.

Nine-item Consent Calendar

The consent calendar was adopted unanimously without comment.

Newport Auto Center Rezoning

The first reading and public hearing of an ordinance for the rezoning of property immediately east of the Newport Auto Center on West Main Road was held. The Newport Auto Center wants its property (abutting Bailey’s Brook) to be rezoned from R20 to GBA in order to expand the existing parking area associated with its retail auto sales use. The proposed additional parking lot would be 225 ft x 400 ft comprising approximately two acres of the eleven acres included in the proposed zoning change. In exchange for the zoning amendment and permission to build the additional parking lot, Newport Auto Center is willing to grant a conservation easement on the remaining nine acres of land that surround Bailey’s Brook. An abutter had given notice to the Council that he couldn’t attend this meeting and asked if he might be able to speak at the next meeting on this matter. The Council received the ordinance on its first reading and continued the public hearing.

Senior Nights at the Beach

Councilman Charles Vaillancourt had asked the Recreation Department for consideration of establishing entertainment evenings at the Beach for Senior Citizens, similar to the Family Night outings. Parks & Recreation Director Tim Shaw explained that he was developing a series of Senior/Adult evenings at the beach with music and dancing (dates not yet announced.)

Arsenic Mitigation at The Valley

At the last regular meeting, Town Administrator Gerry Kempen had introduced a proposal to conduct an arsenic study of Middletown land as a means of mitigating the expensive corrective action needed for The Valley (see Middletown Newsletter 5-15-06.) The matter had been continued pending answers to various questions. Administrator Kempen explained that he could find no instances where other arsenic mitigation studies had been attempted. Town Solicitor Vernon Gorton then explained that, if high concentrations of arsenic were found in other properties during the proposed study, DEM might require that these properties receive corrective action. Manny Mello again cautioned the Council that this study might cost the Town a lot on money in the future, citing Salve Regina College and Newport Heights as two examples of large amount of monies expended on arsenic mitigation. The Council tabled this matter until such time as a meeting with DEM can be arranged and assurances against future litigation can be obtained.

Horse Manure Ordinance

The Council unanimously adopted on their second readings, two ordinances involving the cleanup of horse manure at the beaches and other public places and streets. Both ordinances would remove the requirement for immediate cleanup and instead require the rider to remove horse waste “as soon as circumstances will allow having due regard for the safety of horse, rider and general public.” Both ordinances would also standardize the penalty for violation to be the same for dog waste cleanup, namely, fines of $20, $30, and $50 for first, second and third offenses.

Anne Hutchinson Bridge

The Council unanimously passed a resolution in support of legislation, introduced by Representative Amy Rice, to rename the New Sakonnet Bridge in honor of Anne Hutchinson. Representative Amy Rice appeared and thanked the Council for its support. Resident Norman Champagne spoke in support of the resolution and stated that he was “proud that something is being named after a woman.”

Christopher Scott Potts Field

The Council unanimously approved the Veteran’s War Memorial Committee’s recommendation to name the softball field at the West Main Road recreational complex in honor of fallen soldier SSG. Christopher Scott Potts. A 4’ x 8’ sign will be erected at the field, a flagpole will be erected in the future, and a memorial monument is planned to recognize all services: Army, Navy, Marines, Air Force, and Coast Guard. The expense for these items is being born entirely by SSG. Potts’ former employer and his former softball league. Kim Evans, sister of SSG. Potts, thanked the Council for this honor and quoted her brother’s favorite expression: “Don’t let fear of striking out prevent you from playing the game.”

Newport Airport Use During LPGA US Women’s Open

The Council unanimously approved the sending of a letter drafted by Councilman Edward Silveira Jr. asking the Rhode Island Airport Corporation to “take appropriate action to ensure that during the LPGA Open, Newport Airport operating hours are observed and appropriate measures are taken, including if necessary, coordination with the FAA regarding enforcement of Newport Airport operating restrictions.”

Riparian Buffer Grant

The Council unanimously gave the Planning Department permission to apply for a DEM grant to control invasive species at Bailey’s Brook. The $20,000 grant would require a Town match of $20,000 in cash or in-kind services. Jay Manning spoke in support of the grant application indicating that Bailey’s Brook does not support fish and wildlife because it is too warm and that the planting of shade trees along the brook would help. Art Benner cautioned the Council to do its homework before initiating this project since the Japanese Knotweed is insidious and is difficult to eradicate.

DEM Grants Accepted

The Council unanimously accepted the following RIDEM Recreation, Acquisition, & Development Grants:

• Large Grant – Wyatt Road Soccer Fields: $280,595 grant with Town match of $280,595 (cash and up to 25% in-kind)
• Historic & Passive Park – The Valley: $150,000 grant with Town match of $16,667 (cash)
• Small Grants – Demery Park: $36,775 grant with Town match of $36,775 (cash and up to 25% in-kind)
• Small Grants – Dunlap-Wheeler Park: $40,000 grant with Town match of $41,445.84 (cash and up to 25% in-kind)

Police Residency Requirements

Adopting the recommendation of the Personnel Board, the Council unanimously approved a change in the Police residency requirement for new hires. Formerly, a police applicant had to be a Rhode Island resident; however, the new requirement states that applicants “must reside within a 20 mile radius of police department and/or have ability to respond within 30 minutes.” The new provision will allow hiring of police officers who reside in nearby Massachusetts.

Police Station/Fire Station Bond Referenda

In the most contentious and longest debated issue of the evening, a new police station and renovated/expanded fire station were discussed. Ex-police chief Robert Gibson spoke in support of a bond referendum for the construction of a new police station as did Sgt. Pat Sweeney, President of the Police Union, and Frank Holbrook, member of the Police Advisory Committee. Fire Chief Stephen Martin indicated the shortage of office and storage space at the Fire Station and stated “as big as the building looks, there is not enough space for our needs.” Antone Viveiros, while supporting the bond referendum, inquired as to what the dollar amount would be, but did not receive a reply. The lack of a designated dollar amount became clear as the division among Council members arose, with half the Council wanting to construct both the police station and the fire station expansion and the other members wanting to construct the police station only, postponing the fire station improvements for a later year.

After posturing and stating their positions, the Council then engaged in a remarkably confusing set of motions and votes. Councilwoman Shirley Mello began with a motion to separate the police and fire issues but then explained her intent was to approve the police bond and reject the fire bond. Since her explanation was different from her stated motion, Solicitor Gorton instructed her to withdraw her initial motion and to make the specific motion she intended, which she did. Immediately Councilman Vaillancourt made a motion to divide the issue so that the Police bond and Fire bond would be voted upon separately. The Council then unanimously voted to approve the Police bond and on a separate vote approved the Fire bond on a 4-3 vote with President Roderiques, Councilwoman Barrow, and Councilwoman Mello opposed. The Council then recessed so that members might “use the facilities.”

After the recess, Councilwoman Santos asked to reconsider her last vote on separating the two issues wondering “what happens if the voters approve the fire bond and reject the police bond (since the fire station expansion could not occur if the police department does not move to a new facility).” The motion to reconsider the previous votes was approved on a 4-3 vote with Councilmen DiPalma, Silveira, and Vaillancourt opposed. Immediately Councilman DiPalma made a motion that the combined police and fire bond be approved but this motion was defeated on a 4-3 vote with only Councilmen DiPalma, Silveira, and Vaillancourt voting in the affirmative. Councilwoman Shirley Mello then made a motion to approve an $8 million bond referendum for police station only (no fire station expansion.) This motion was approved on a 4-3 vote with Councilmen DiPalma, Silveira, and Vaillancourt opposed.

Editor’s Note: The original vote to place a bond referendum on the November ballot for the construction of a new police station had unanimous Council support; however, the final vote for this action indicated weak Council support on a narrow 4-3 decision. It is unfortunate that Councilmen DiPalma, Silveira, and Vaillancourt allowed their emotions and vindictiveness at losing a vote to interfere with unanimous Council support of the proposed new Police Station that is so desperately needed in the Town!

Open Space Bond Referendum Approved

At a Special Meeting on May 23, 2006 the Council voted unanimously (Councilman Silveira abstaining) to reject placing a $2 million bond referendum for Open Space on the November ballot. That meeting was announced in the Newport Daily News as a “Workshop” and therefore residents were denied an opportunity to speak. Town Clerk Barbara Nash explained that the newspaper description of the meeting was “in error” and that the meeting was indeed a Special Meeting whereby public participation should have been allowed. Attempting to correct this oversight, the Council unanimously decided to reconsider its previous vote and to allow residents to speak on the issue. Dan Whithers and Jay Manning, both members of the Kempenaar Valley Ad Hoc Committee, spoke in support of the $2 million bond in order to proceed with development of The Valley project. The Council then unanimously approved the bond question for the November ballot.

Bond Referenda Resolutions Approved

The Council unanimously approved resolutions so that enabling legislation can be introduced to allow the following bond referenda questions to be placed on the November ballot:

• $1M Road, Drainage & Sidewalk Bond
• $2.5M Sewer Bond
• $8M Police Station Bond
• $2M Open Space Bond

Wolcott Avenue Drainage Delayed

At the urging of Solicitor Gorton, the Council continued the matter of rescinding the Wolcott Drainage Contract with South Shore Utility and re-advertising the project for bid. The Company has entered bankruptcy and the legal issue must be clarified before the Council can rescind the contract.

Wyatt Road Soccer Field Irrigation Contracts Awarded

The Council unanimously awarded a $64,224 contract to Lisco Irrigation, Inc., Seekonk, MA (low bidder) for the Wyatt Road Soccer Field Irrigation project. This project is funded by the 2004 Open Space Bond. The Council also unanimously approved a $7,960 Change Order with the JAM Construction contract for “Zone Fracturing” so as to improve the recharge rate for the well. Councilwoman Mello recused herself on this issue and gave some explanation that was not decipherable over the speaker system.

Solid Waste Disposal Contract Approved

In what might be described as better late than never, the Council unanimously approved a contract for Solid Waste and Recycling Services with the Rhode Island Resource Recovery Corporation for the period July 1, 2005 through June 30, 2006. Administrator Kempen explained that his office had never received the proposed contract on the two previous instances that it had been sent. Administrator Kempen noted that the contract period is nearly up and that next year’s contract will be received soon.

Sampling and Analysis Contract Approved

The Council unanimously awarded a sole source $23,029 contract to Louis Berger Group, Inc. for Sampling and Analysis Services during the 2006 beach season. As per a DEM directive, Middletown must periodically test the water quality at Easton Bay to determine any negative impact from the sewer pumping station at Wave Avenue as has occurred in the past.

Fuel Oil Contract Approved

The Council unanimously approved a #2 Fuel Oil contract with White Fuel Co., Providence, RI (low bidder) for 18 cents above the rack price (variable). The rack price is the off-load price for oil at the terminal in Providence.

Town Permits to have 5% Surcharge

The Council unanimously awarded a sole-source $7,500 contract to DesLauriers Municipal Solutions, Inc, Franklin, MA for the installation and licensing of permitting software. This software, called GeoTMS, will provide the Town “an integrated solution for permitting, application & review, code enforcement, and administration.” The initial installation cost will be borne by the Information Technology Department budget; however, it was proposed that subsequent annual licensing fees for the software be borne by attaching a 5% surcharge on each permit and license that the Town issues using this new system. The Council unanimously approved the 5% surcharge.

Chases Lane Sewer Assessments

The Council unanimously passed a resolution authorizing the assessment of four properties for sewer assessment charges on the recent sewer construction at Chase Estates. Resident Ronald Santa questioned why all but the four identified properties are exempt from charges for the $755,193 project. Finance Director Shawn Brown explained that this was a replacement of the sewer system and only the four identified properties were considered new installations. Director Brown said that the other properties had their “betterment” charges applied during the original sewer installation in the 1950’s and therefore the replacement costs will be charged to the Sewer Maintenance Fund rather than to the individual homeowners.

Editor’s Note: an existing gate valve was replaced during the Turner Road project and its cost was attributed to the abutters as part of the construction cost rather than being charged to the Sewer Maintenance Fund – perhaps the Turner Road residents deserve a rebate!

Police Restricted Account

The Town has received a $500 check from WAL-MART Foundation and a $1000 check from David and Kimberly Dunn, both intended for use by the police department in establishing a Civilian Police Academy. The Council unanimously accepted these checks and established a special revenue fund for the intended use.

Birchwood Manor Flooding

Resident Bob Jankuska presented the Council with pictures demonstrating the flooding that occurred in Birchwood Manor as a result of the May 13^th rain storm that amounted to 2-3 inches of rain. Referencing the remedial work done by the Town, Mr. Jankuska stated that “no improvement has occurred, in fact, the situation is worse.” Mr. Jankuska then urged the Council to make the completion of this project “priority number one.” Administrator Kempen then explained the delay in this project, indicating that the detention pond recommended by the previous engineering firm (Northeast Engineering) has been determined by the new engineering firm to be unworkable. Instead a plan is now being developed to pipe the storm water down to Narragansett Bay via one of two possible routes. Estimates for the cost and completion date of this project were not forthcoming but it is expected to cost more than the $1 million set aside for this project.

Council Meetings

The Council decided to hold an additional meeting after the Public Hearing to consider and refine the budget. As a result the following meetings (all at 6:30 pm) concerning the budget are now planned:

• Thursday, June 8 – Public Hearing #2
• Thursday, June 15 – Council consideration
• Thursday, June 22 – Budget adoption

As has been customary for a number of years, the Council decided to forego one regular meeting in July and established July 17 as the date for the only Regular Meeting for that month.

PUBLIC FORUM SESSION

Manny Mello requested to speak on the Police/Fire Bond; however, since this item was included in the regular docket, Mr. Mello, as per the rule, was not allowed to speak. No one else requested to speak during the public forum session.

The Council adjourned at 10:24pm.

JUNE 8, 2006 BUDGET PUBLIC HEARING #2

With Councilwoman Barbara Barrow’s arrival at 6:34pm, President Paul Roderiques called the meeting to order and began the public hearing on each of the three budgets. All Council members were present.

This budget meeting again was divided into two groups with teachers and their supporters sitting on the right side of the room (facing the dais) and taxpayers critical of the School budget sitting on the left side. This was so noticeable that School Superintendent Rosemary Kraeger commented upon the matter in her concluding remarks, “We are one … we shouldn’t be one side of the audience against the other side of the audience.” Superintendent Kraeger suggested that at next year’s meeting the aisle dividing the room should be eliminated, although the Fire Marshall might object. In terms of attendance, the room was not filled entirely and approximated the numbers attending last week’s meeting. The meeting concluded at 8:50pm.

Editor’s Note: the Council will hold a meeting on June 15 (without public participation) to discuss and refine the budget numbers and likely will adopt the budget at a June 22 meeting.

DETAILED ACCOUNT

Town/School Budget Hearing

17. Ronald Santa asked a series of questions in an attempt to clarify the many existing numbers, especially with regard to the impact of the recent reevaluation:

a. Prior to the reevaluation, the residential tax rate was $16.35. What would last year’s tax rate be after the reevaluation? In other words, what would this year’s tax rate be if there were no budget increase? Answer: $10.09.

b. If reevaluation were to have a neutral impact upon the overall tax bill, shouldn’t the answer have been $9.50? Why is it higher than that? Answer: Assessments on residential property had a dramatic increase during reevaluation whereas commercial property had significantly less increase. The result, if unchanged by the Council, will be a significant shift of tax burden from commercial to residential property. However, the Council can, and likely will modify, the residential tax rate/commercial tax rate difference to mitigate this shift in taxation burden.

c. Is there a legal restriction on the Council’s ability to change the tax rates? Answer: No, the Council can change the difference in tax rates to mitigate entirely the effect of the reevaluation. Editor’s Note: the residential tax rate could therefore be set at $9.50 prior to the impact of any budget increase.

d. Is the Council considering a change in the tax rate structure to compensate for reevaluation, and is the Council willing to set the residential tax rate, prior to the budget increase, at $9.50? Answer: Yes, the Council is considering altering the tax rates to compensate for reevaluation; however, the Council was unwilling to state an amount.

e. There has been talk that this year’s budget will be approximately a 3% increase; however, the “Public Support” line item indicates a 5.41% increase. Why the discrepancy in these numbers and what exactly will be the impact of this budget upon the taxes and my tax bill? Answer: there are additional revenues, other than the “Public Support” line item, which will reduce the impact on tax revenue; however, the Council is targeting a budget that will produce an overall 3% increase on individual taxpayer bills.

f. Assuming a 3% increase and a beginning $9.50 tax rate, can I also assume that the Council is shooting for a final residential tax rate of $9.79? Answer: No response. Editor’s Note: when all is said and done and the final tax rate has been determined, use the following table to determine how much the budget will impact your next year’s taxes:

Tax Rate Percentage Tax Increase

$9.50 0

$9.60 1

$9.70 2

$9.79 3

$9.88 4

$9.98 5

$10.07 6

$10.17 7

$10.26 8

$10.36 9

$10.45 10

18. Rosaline Kasko read a letter from the Guidance Department describing programs that previously had been cut and programs that are proposed to be cut and their impact upon education. Ms. Kasko urged support of the proposed School Budget.

19. Mason Hawes stated that he was “tired” of every year the same strategy being used for the budget and urged that a better process be found. Mr. Hawes said that many programs are being threatened and urged support of the proposed School Budget.

20. Manny Mello said that he hears “every year that the school is under-funded” but he contends that the “school budget has always been padded.” Mr. Mello cites as an example of padding the line item for a Forest Avenue clerk as $44,000 when actually that clerk receives only a $27,000 salary. Mr. Mello said that 14 teachers have been laid off this year at a savings of $1 million yet the School is requesting a 6% increase in its budget!

School Superintendent Rosemary Kraeger explained that revenues have been declining with State Aide remaining at the same level, with Military students being lost, and with the loss of Little Compton students. Superintendent Kraeger explained that the Clerk line item contains more than just salary – it contains benefits and a portion of the salary of a second clerk who is shared by all the schools.

21. Joe Borges stated that “administrators and teachers are greedy” and get the best health benefits that money can buy.

22. Karen Roarke stated that she “wants the best that taxes can buy. I want everything. I want as much for my kids as Charlie (Councilman Vaillancourt) and Lou (Councilman DiPalma) got for their kids in private schools.” Urging support for the proposed school budget, Ms. Roarke said that “the schools need the money.”

23. Carol Cummings, referencing the song “Looking for love in all the wrong places”, said the problem is the last reevaluation process which had “commercial properties way under evaluated” and urged the Council to raise the commercial tax rate to compensate for the inequity.

24. Art Benner said he “doesn’t want to see the elderly and people on fixed incomes getting everything they want, but does want to see them get whatever they need”. Mr. Benner urged restraint on any tax increase.

25. Liz Drayton identified the problem as unfunded mandates from the State and urged the residents to pressure the legislature to increase state aid. Ms. Drayton said that “I can’t believe we have to go through this (budget fight) every year” and urged support of the proposed school budget.

26. Liza Wood also urged the residents to push for additional state funding and “don’t say NO to the children of Middletown.”

27. Antone Viveiros, referencing the private industry solution to declining profits as personnel cuts, stated that “people (school teachers) should look at what they have and be satisfied with what they have.” Mr. Viveiros then questioned why the listed current budget is significantly higher than last year’s approved budget and stated that last year’s approved budget should be the starting point for this year’s budget, not the current budget as is actually used. Mr. Viveiros said that this year’s proposed budget is a 2.36% increase over the existing current budget but, in actuality, is a 4.2% increase over last year’s approved budget.

Finance Director Shawn Brown explained that grants received and expended during the course of the year reflect the addition to the approved budget; however, each year zero base budgeting is performed and previous grants are NOT built-in as Mr. Viveiros contends.

Mr. Viveiros concluded by referencing the saying that one should “Keep it Simple.” Councilman Charles Vaillancourt quickly chimed in that the actual saying is “Keep It Simple Stupid.” Editor’s Note: although Councilman Vaillancourt merely quoted the actual saying, this reporter interpreted his comment as a put down of Mr. Viveiros and believed that Mr. Viveiros interpreted it in the same manner as he sat down with an angry look on his face.

28. Constantine Christopolous, a graduate of Middletown High School and current teacher, said that “I was given the best education and I want to give my students the best.” Mr. Christopolous urged support of the proposed School Budget.

29. Sarah Psaras read the mission statement of Middletown High School and urged support of the proposed School Budget.

30. Renee Kaminitz, a school librarian, urged support of the proposed School Budget.

31. Michael Silveira stated that “cuts would sever the future of this community” and urged support of the proposed School Budget.

32. Lori Kaull, parent and teacher, was concerned about cuts and the future of education. Ms. Kaull urged support of the proposed School Budget.

33. Elizabeth Bozyan urged the teachers and staff to pay for their own benefits stating that a 6% increase (proposed school budget increase) every year would result in a doubling of the budget in eleven years. Ms. Bozyan said “we (taxpayers) are tapped out. Asking us to sell our homes and move out of Middletown is not fair.”

34. Carol Cummings presented the Council paperwork detailing the assessments of commercial properties. Stating that businesses can deduct their property taxes from their federal taxes whereas residents cannot, Ms. Cummings again prodded the Council to adjust the commercial tax rate to equalize the effect of the last reevaluation.

35. Ronald Santa again inquired as to the amount of Undesignated Fund Balance receiving the reply that it was $4.8 million. Mr. Santa then asked how much interest the Town receives on this money and was directed to a line item indicating $155,000; however, this figure is not accurate and is currently being adjusted. Mr. Santa then asked if the new amount would be significantly different than the quoted $155,000 and received a negative reply.

President Roderiques concluded the Public Hearing by stating that “a 6% school budget increase is NOT going to happen. I want to be able to live here when I reach Mr. Mello’s age.” President Roderiques then urged cooperation and stated that “we cannot pit one side against the other – we are one community.” Councilman Charles Vaillancourt then said “we do have enough money to educate our children the way they should be (educated)” and “I will be making suggestions to my fellow Council members (on how to adjust the budget.)”

The Council then received the proposed General Fund budget on its second reading and entered a short recess at 8:28pm. The meeting reconvened at 8:41pm.

Park & Recreation Budget Hearing

4. Ronald Santa again asked how much money was in the “Undesignated Fund Balance” receiving the answer of $750,000. Mr. Santa then reminded the Council that this was an increase of $250,000 from last year and again urged the Council to transfer $100,000 to the General Fund to help the taxpayers. Town Administrator Gerry Kempen objected to this proposal stating that the monies should be used for capital improvements at the beach.

Sewer Budget Hearing

4. Ronald Santa, indicating that he originally had no intention to speak on this issue, but spoke on the Undesignated Fund Balance, noting that legislation has been introduced to create such a fund. Referencing the ever expanding nature of these funds in the other budgets, Mr. Santa asked if any limitation will be placed on these funds. Mr. Santa said that taxpayers (and potentially sewer users) are being bled slowly, a drip at a time, to create these Undesignated Fund Balances to pay for Capital Improvement Projects rather than asking the taxpayer to pay for the projects outright. Mr. Santa was not certain which method of payment was preferred and had no recommendation at this time, but has some lingering concerns and doubts about Undesignated Fund Balances.

5. Manny Mello then questioned the “Equipment Purchases & Replacements” line item in the amount of $56,500 receiving the answer that this was for pump stations repair parts. Mr. Mello then inquired when the pump station monitoring system finally would be installed. Town Engineer Warren Hall stated that progress is being made, plans are nearly completed, and construction should begin soon.

DISCLAIMER: The preceding account is a synopsis of the comments made by the residents. Every effort was made to identify each speaker and his/her comment 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 19, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Prior to the regular meeting, the Council held an Executive Session that had concluded in sufficient time to start the regular meeting on time. President Paul Roderiques called the meeting to order at 7:01pm. All Council members were present.

Executive Session

The first business conducted by the Council was to reconvene and vote unanimously to “proceed with the planned acquisition.” The Council then voted to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “personnel (Town Administrator) and land (Transfer Station, Prospect Avenue).”

One-item Consent Calendar

The single item consent calendar was adopted unanimously without comment.

Birchwood Drainage Project

Town Engineer Warren Hall introduced Tom Payne, Louis Berger Group, who gave a status report on the Birchwood Drainage Project. Mr. Payne explained that the water table in the area was higher than the bottom of the existing pond thereby making the pond unusable as a detention area for storm water and necessitating the piping of water to Narragansett Bay. The cost estimate for this project is quite high due to the ledge content of the soil (Editor’s Note: a figure of $4 million was noted but even that amount appeared to be too low.) President Roderiques suggested piping across West Main Road to Bailey’s Brook as an alternative; however, Mr. Payne said that the existing 18” pipe probably was designed to limit the flow into Bailey’s Brook so as not to cause flooding problems downstream. Resident Manny Mello complained that this problem has been going on for four years and the solution posed by the Roads & Utilities Commission has never been tried. (Editor’s Note: I believe Mr. Mello was referring to the alternative suggested above by President Roderiques.) Resident Bob Jankuska requested a monthly notification as to what is going on with this project and Town Administrator Gerry Kempen agreed to provide a status report every month at a Council meeting – even if the status report was a “No Change.”

Newport Auto Center Rezoning

The second reading and public hearing of an ordinance for the rezoning of property immediately east of the Newport Auto Center on West Main Road was held. The Newport Auto Center wants its property (abutting Bailey’s Brook) to be rezoned from R20 to GBA in order to expand the existing parking area associated with its retail auto sales use. The proposed additional parking lot would be 225 ft x 400 ft comprising approximately two acres of the eleven acres included in the proposed zoning change. In exchange for the zoning amendment and permission to build the additional parking lot, Newport Auto Center is willing to grant a conservation easement on the remaining nine acres of land that surround Bailey’s Brook. Town Solicitor Vernon Gorton suggested that the Newport Water Department would be a good entity to hold the conservative easement agreement since it already holds other such agreements. Resident Manny Mello stated that this was “a pretty good idea” and further suggested that the area could be developed as a large detention pond to alleviate Forest Avenue flooding problems. The Council adopted the ordinance on its second reading, subject to a list of conditions agreed to by the petitioner and the Planning Board, one of which was the conservation easement to be held by the Newport Water Department. Editor’s Note: at the last meeting an abutter had given notice to the Council that he couldn’t attend that meeting and asked if he might be able to speak at the next meeting on this matter – the abutter did not appear this evening.

Light Industry Zoning for Plate 111, Lots 9 & 10

Fifteen months ago the Council amended the Comprehensive Community Plan to designate the area around the old bus garage on West Main Road as Light Industrial, subject to the condition that commercial design regulations be adopted. The Commercial Design Ordinance has had numerous delays (see Middletown Newsletter 4-17-06) and has not yet been adopted. The property owner has lost patience and is petitioning the Council to remove this restriction, noting that it would take him over a year to develop the property with roads and utilities, during which time the Council could adopt the Commercial Design Ordinance. Although hesitant, the Council unanimously received this ordinance on its first reading and likely will adopt the ordinance removing the restriction at its next meeting. Editor’s Note: perhaps now the impetus is in place to finally complete the Commercial Design Standards that have languished in a squabble between two committees.

Shotgun Range at the Clambake Club

Continued from the May 15^th meeting was the matter of shotgun trap shooting at the Clambake Club and the objection raised by abutter Russell Dulac. Attorney Michael Miller, representing Mr. Dulac, appeared and further refined the argument to be that the shooting was “illegal” under state law arguing that the area was a “compact area” and that the Clambake Club had not received permission from the State and/or the Federal Government to discharge pellets, ammunition, and clay pigeons into the ocean. Attorney Brian Bardoff, representing the Clambake Club, argued that the Club had been shooting for over a hundred years without a single incident and permission from the state and federal governments is not needed because this was a “grandfathered event.” Attorney Bardoff stated that the “Club had lived in good harmony with its neighbors for a long time” until Mr. Dulac decided to build next door. Councilman DiPalma indicated that he had some concern over the overlapping times for shooting and alcohol dispensing. President Roderiques stated that “certainly there can be a compromise between you two” and Councilwoman M. Theresa Santos said that “both parties should sit down and talk.” However compromise may not be forthcoming, as Attorney Miller cited a court decision involving the New York Athletic Club in which shotgun pellets and clay pigeons were determined to be a pollutant under the Clean Water Act. Mr. Dulac then identified his demands as: (1) moving the firing range to a point 500 ft from his property (currently 160 ft), (2) no alcohol service during shooting, and (3) fencing in the firing range. The Council took no further action on this issue. Editor’s Note: although not included in the docket, Police Chief Anthony Pesare had prepared some suggested regulations and improvements for the situation.

Town Permits to have 5% Surcharge

The Council received on its first reading and unanimously adopted an ordinance instituting a 5% administration fee for all permits granted by the Town, provided the fee does not cause the permit cost to exceed state mandated limits. Editor’s Note: apparently this ordinance will not generate much revenue for the Town since most permit fees are already at the state mandated maximum.

Wolcott Avenue Drainage Delayed

The Council unanimously rescinded the Wolcott Drainage Contract with South Shore Utility since that company has declared bankruptcy and cannot perform the work. The Finance Director was directed to rebid the project immediately including a procedure to protect the Town against similar defaults due to bankruptcy.

School Committee Compensation

Receiving a report from the Finance Director containing data on School Committee compensation for other cities/towns, the Council unanimously approved the following stipends (median value of data) for future School Committee members: $1400 for Chairperson and $1200 for Members. Editors’ Note: the Town Charter, Section 804 states that the Town Council shall fix, by ordinance, the compensation for the next School Committee members prior to the election.

Alternative Transportation Month in Newport

The Council received a letter from the Newport City Council announcing July 2006 as Alternative Transportation Month and inviting all to a public workshop on Wednesday, June 23 at 6:30pm to “formulate specific strategies for citizen support and collaborative success.” The Newport City Council asked the Middletown Town Council to:

• adopt the same resolution
• participate in the public workshop
• collaborate with Newport in affecting success of the program

Appointments

The Council unanimously made the following appointments:

• Barbara Schuster – Personnel Review Board
• Barbara Schuster – Board of Canvassers
• Christine Forster – Wind Turbine Committee
• Town Clerk Barbara Nash – Open Government Filing Coordinator (Editor’s Note: Library Director Robert Balliot is unable to continue in this role)

Economic Development Summit

Administrator Kempen reminded the Council of a breakfast meeting, defined as an Economic Development Summit, to be held on Wednesday, June 21 at the Atlantic Beach Club to which the business community has been invited and at which time the Town will present its case as a good community for businesses. Councilman Charles Vaillancourt asked if Administrator Kempen would inform the attendees of the split tax rate adjustment (residential/commercial) that the Council is considering. Administrator Kempen said that he would do that if the Council so desired.

PUBLIC FORUM SESSION

No one requested to address the Council during the public forum session.

The Council adjourned at 9:13 pm.

SEE NEW EDITORIAL 6/20/06

JULY 17, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Prior to the regular meeting, the Council held an Executive Session that had concluded in sufficient time to start the regular meeting on time. President Paul Roderiques called the meeting to order at 7:04pm. All Council members were present.

Executive Session

The first business conducted by the Council was to reconvene and approve unanimously two motions: (1) to allow Carlotti to proceed with his recommendation and (2) to authorize the signing of documents for land acquisition. The Council then voted to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “land (GMH, Prospect Avenue, Valley Road.)”

New Liquor License

Acting as a Board of License Commission, the Council unanimously ordered advertised for Public Hearing a new BV Alcoholic Beverage License for The Grape Room, 510 East Main Road. Councilman Edward Silveira Jr. recused himself from this vote because his company may have future business dealings with this establishment.

Seventeen-item Consent Calendar

One item on the consent calendar received additional comment. Councilman Charles Vaillancourt thanked Councilman Louis DiPalma for his idea of forming an all-employee synergy workshop. Councilman DiPalma then thanked Town Administrator Gerry Kempen and the Town employees for the effort expended in this workshop and the numerous suggestions offered where efficiencies in Town Government may be made to save money.

Licenses Approved

The Council unanimously approved the following licenses:

• Middletown Education Collaborative – Amusement License (DJ) at Third Beach on July 20, 2006
• Norman Bird Sanctuary – Amusement License for 3^rd Annual Bird Ball on August 19, 2006
• Norman Bird Sanctuary – Entertainment License for 32^nd Annual Harvest Fair on October 14, 15, 2006
• Beach Bums, 82 Purgatory Road – Holiday Sales License
• Office Depot, 279 West Main Road – Holiday Sales License

Commendation for Varsity Girls Softball

President Roderiques read a resolution commending the MHS Varsity Softball Team on winning the Division III State Championship. The team was led by Coaches Robin Ramey, Christine Elliott, and Jesse Alvanas. One of these coaches then introduced each of the players to the audience. President Roderiques then presented the coach three Town Tiles – one for each coach.

Birchwood Drainage Project

Consultant engineer Tom Payne, Louis Berger Group, gave an update status report on the Birchwood Drainage Project. The project currently is stalled awaiting permission to conduct boring samples on one section of land. Town Solicitor Vernon Gorton explained that the legal research concerning the ownership of that property had been completed and he gave permission for the boring samples to be collected. Mr. Payne said he would call tomorrow to initiate the process. As for the cost estimate of the project, Mr. Payne indicated that $1.5M-$2M will be needed just to get to Brown’s Lane and additional monies will be needed to pipe the remaining distance to Narragansett Bay.

Mr. Payne then addressed two questions from the last meeting:

1. The suggestion of a pumping station to evacuate the flood water is impractical since a pumping station 3 ½ times the size of the Wave Avenue Pump Station would be needed just to handle a 2-year storm and a 100-year storm would require a pumping station ten times the size of the Wave Avenue Pump Station.
2. As for the suggestion to expand the culvert and divert the water across West Main Road into Bailey’s Brook, this proposal also seems impractical since it would require a $70,000 study involving many State agencies with a resultant expected construction cost of $3M-$5M.

Resident Art Benner then spoke about the minor flooding problems, involving roadways and driveways, that will have to be addressed in addition to the completion of the Phase III project.

Hurricane Preparedness

Administrator Kempen related the Town’s preparedness for hurricanes and other emergencies. Administrator Kempen said that evacuation route signs have been installed on all Town rights-of-way and permission is being sought to install signs on the State rights-of-way. Communication equipment has been purchased allowing all emergency responders to communicate with each other. The generator at the Middle School (primary shelter) is old and insufficient for our needs; however, a new generator with sufficient capacity is being obtained. There currently is no generator at the High School (backup shelter); consequently, a generator is being bought for that location. All nursing homes will submit a copy of their evacuation plans to the Town. The Town is considering including a notice in this year’s tax bills asking people who live alone if they wish to be placed on a must-call list maintained by the Town. Fire Chief Steve Martin indicated that the map of evacuation routes is available on the Providence Journal web site and will shortly be included on the Town’s web site.

A New Town Charter?

Antone Viveiros apparently has collected a sufficient number of names on a petition seeking a new Town Charter. Town Solicitor Vernon Gorton disagrees that the petition process can be used for this effort but admits that it is a “close question.” Mr. Viveiros’ original intention was to put the question on the November ballot, thereby not imposing an additional expense to the Town for a Special Election. However, due to a conflict of regulations between the existing charter (60 day requirement) and State election law (90 day requirement), it is impossible to have the question of forming a new charter on the November General Election ballot - a Special Election will be required. Mr. Viveiros left the issue dangling and it was unclear whether he had officially submitted the petition to the Council (thereby starting the 60 day clock with a Special Election to be held in September-October) or whether the petition was withdrawn to be submitted at a later time.

Local Election Question on November General Election Ballot

The Council unanimously authorized placing ten questions on the November General Election ballot. These questions are:

1. $2 million Open Space Bond
2. $8 million Bond for new Police Station
3. $1 million Bond for road construction, drainage, and sidewalks
4. $2.5 million Bond for sewer maintenance and construction
5. Authorizing a Third Alternate for Zoning Board
6. Exempting from taxation Middletown Historical Society property
7. Relating to water lines and works
8. Relating to sewer system
9. Authorizing construction and maintenance of stormwater control system
10. Regulating excavation activities

Item # 4 received considerable attention as the Administration argued against seeking a General Obligation Bond but instead advocated seeking a Revenue Bond. The Administration suggested that waiting until the November election to get voter approval for the sewer bond might result in the Town’s not obtaining a low interest loan from the State Sewer Revolving fund, necessitating borrowing the money at market rates, thereby increasing the cost by $1 million over twenty years. The Revenue Bond, not requiring voter approval, could be sought now and, in ten days, the Town would know if it could obtain the low interest loan. The Council unanimously voted to allow the Finance Director to determine if a low interest Revenue Bond could be obtained, and if it could, item #4 would not be included on the November ballot; however, if the low interest Revenue Bond could not be obtained in ten days, item #4 would be included on the election ballot. Resident Antone Viveiros spoke in opposition to the Revenue Bond stating that “it is not morally right” and cited the Town Charter provision that requires voter approval for any expense over $100,000.

Light Industry Zoning for Plate 111, Lots 9 & 10

The Council unanimously adopted an ordinance on its second reading allowing the amendment to the Comprehensive Community Plan, passed fifteen months ago, to take effect without the requirement of an adopted Commercial Design Ordinance (see Middletown Newsletter 6-19-06).

Town Permits to have 5% Surcharge

The Council unanimously adopted on its second reading an ordinance instituting a 5% administration fee for all permits granted by the Town.

Ronald Santa Asks for Council Explanation

Beginning with the comment that he was not anti-business, Ronald Santa said that he simply has been advocating for businesses to pay the same share of taxation as they had paid last year. As a result of reevaluation, there has been a tremendous shift in tax burden from commercial to residential. Mr. Santa said that he was under the impression, arrived at during the public hearings on the budget, that the Council was considering adjusting the tax rates to compensate for the inequities caused by the reevaluation process. Mr. Santa said he was shocked to discover, when the Council adopted the new tax rate, that the Council had not adjusted at all for the reevaluation inequities and asked the Council to explain why. There was no comment from any Council member. Editor’s Note: see Middletown Newsletter Editorial 6/20/06

Resident Art Benner took this opportunity to criticize the approved School Budget, indicating that it had increased $2 million over last year’s approved budget. Mr. Benner further stated that when you take into account the teacher layoffs this year that resulted in $1 million savings, the overall increase in this year’s School budget is $3 million.

Safety Town Program

The Council unanimously awarded $250 to Erin Larcom to conduct a week long educational program to teach kindergarten students how to be safe citizens. Erin’s sister has conducted such a program in each of the two previous years.

Robert J. Sylvia Resigns

The Council accepted the resignation of Robert J. Sylvia from the Personnel Board since Mr. Sylvia is running for Town Council in this year’s election.

Appointments

The Council unanimously made the following appointment:

• Paul M. Barrow – Conservation Commission

Master Plan for Middletown Trails

Mason Hawes, Chairman Open Space & Fields Committee, requested a workshop meeting to develop a master plan for trails in Middletown. The Council decided against a joint Council workshop and suggested that interested Council members could attend an Open Space & Fields Committee meeting to discuss the project.

August Meeting Date

The Council unanimously decided to hold only one meeting in the month of August. That meeting will be held on August 7th at 7pm in the Town Hall.

Addendum

In an item added to the docket, the Council addressed the issue of allowing Newport Beach Sticker holders to enter Middletown beaches during the Newport Beach closure, a result of sewage overflow from a broken Middletown sewer line. Administrator Kempen was seeking future Council authorization for such action, or for a free shuttle bus from Newport Beach to Middletown Beach, if additional sewage overflows occur. Councilwoman M. Theresa Santos asked why some people were not allowed into Second Beach on Thursday and Friday, receiving the reply that the Press Release had been premature and final arrangements had not been made. Councilman Charles Vaillancourt originally commended Administrator Kempen for his quick thinking and correct decision in offering Newport residents access to Middletown Beaches during the emergency; however, the commendation turned into criticism as Councilman Vaillancourt learned that the hesitancy and snafu associated with the Press Release appeared to be caused by discussions of the matter with President Roderiques. President Roderiques then explained that he wanted his fellow Council members to have an input into this policy of allowing Newport residents into Middletown Beaches, free of charge. President Roderiques then accused Councilman Vaillancourt of “Grand Standing.” Editor’s Note: There appears to be bad blood between these two Council members and it might explain why President Roderiques did not receive the Democrat endorsement this year.

PUBLIC FORUM SESSION

One person requested to address the Council during the public forum session:

Manny Mello addressed the recent sewer pipe failure indicating that he believed the cause might be a defective pipe manufacture. Mr. Mello questioned why the Town is not testing the pipe to determine if it is a manufacturing defect. Mr. Mello said the Town is “jumping the gun” seeking a $3 million bond to replace the pipes.

The Council adjourned at 8:36 pm.

AUGUST 7, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Prior to the regular meeting, the Council held an Executive Session that had concluded in sufficient time to start the regular meeting on time. President Paul Roderiques called the meeting to order at 7:01pm. All Council members were present.

Executive Session

The Council did not reconvene from Executive Session but immediately began the regular meeting. As indicated in the docket agenda, the Executive Session began at 6:00pm and was held for the matter of “Personnel (Town Administrator) and Land (Wyatt Road/Drive In Property).” Editor’s Note: the Executive Session was not completed and was temporarily suspended to conduct the regular meeting

New Liquor License

Acting as a Board of License Commission, the Council unanimously granted a new BV Alcoholic Beverage License for The Grape Room, 510 East Main Road. Attorney Jay Lynch, representing the petitioner, explained that the establishment is a family restaurant occupying the premises of the former Ocean Coffee Roaster. No one in attendance spoke on this matter. Councilman Edward Silveira Jr. recused himself from this vote.

Twenty-item Consent Calendar

The consent calendar was adopted unanimously without comment. Editor’s Note: Included in the Consent Calendar was a letter I wrote to the Council which suggested a reason why tax bills this year will be higher than they have to be. Since the Council chose not to comment or address this issue, I have included a link to that letter. You can view a copy of that letter by going to the following web page:

http://middletown-newsletter.com/TaxRateExplanation.htm

Commendation for Lifeguards

Since the recipients were not in attendance, a commendation for Lifeguard Captains Ryan Connell and Eric Jennings was continued until the next meeting.

Licenses Approved

The Council unanimously approved the following licenses:

• Victualling House License – The Grape Room, 510 East Main Road
• Drain Layer’s License – Joseph C. Lopes II, 345 Mitchell’s Lane

Birchwood Drainage Project

Town Administrator Gerry Kempen gave the monthly update report on the Birchwood Drainage Project indicating that there was not much new to report. Core sample testing has been ordered and should be completed by the end of August.

Police Department Rules and Regulations

The Council unanimously received and approved the new rules and regulations for the Police Department. Police Chief Anthony Pesare explained that policy statements and job descriptions will be presented at future Council meetings.

Comprehensive Amendment Zoning Ordinance Received

The Zoning Ordinance Review Committee (ZORC) submitted the Comprehensive Amendment Zoning Ordinance after an exhaustive seventeen month review. Included in this Comprehensive Amendment are the long-awaited Commercial Design Standards. Prior to a Public Hearing on this amendment, the Council will hold a workshop with the Planning Board and the ZORC on August 28 at 6:30pm in the Town Hall. Subsequent to that meeting on dates to be determined, two Public Hearings will be held prior to the adoption of the ordinance. President Roderiques thanked the ZORC members for their hard work. Robert Silva, a ZORC member, cautioned the Council against accepting the document in total as a finished product, indicating that it was a consensus document and there might be portions that Council members may not like nor accept. A copy of this draft document may be viewed on the Town web site http://www.middletownri.com/

Development Impact Fee Ordinance Continued

An amendment to the impact fee ordinance with adjustments for new calculations was continued until the next meeting.

Vaillancourt Resolutions

Without any documentation, Councilman Charles Vaillancourt had placed on the docket an agenda item for “Beach related resolutions.” Councilman Vaillancourt, at the meeting, introduced two resolutions and provided copies to each Council member. These two resolutions pertain to the sewer overflow conditions and the broken forced-main pipe that resulted in the closures of Newport’s Easton’s Beach and the Atlantic Beach in Middletown. In one resolution, the Town asks the RI Department of Transportation to identify sources of storm water (along state roads) that outfall into the stream at Wave Avenue Pump station and “take all necessary measures to eliminate the bacteria.” In the other resolution, the Town asks the State to use a portion of the tourist tax revenues to “seek a solution to storm water related closures and to fund all measures deemed necessary to alleviate beach closures in the future.” Both resolutions passed unanimously; however, Councilwoman M. Theresa Santos criticized Councilman Vaillancourt for the lack of documentation and prior notification. Councilman Vaillancourt, while wagging his finger, chastised her for “pointing fingers” and stated that we need to “solve the problem rather than point fingers.”

Nomination Papers

Although not seeking punitive action, Councilman Louis DiPalma raised the question of proper collection of signatures on nomination papers and asked the Town Solicitor and Town Clerk to review and establish a policy for future candidates. Since the electoral process is a State function controlled by the State Board of Election and State Boards of Canvassers, the task of establishing a policy statement was not assigned to the Solicitor and Clerk. President Roderiques did admit to irregularities in his nomination papers signature collection and defended his actions as only doing what has been common practice in the past. Resident Manny Mello said that criticizing the collection practice “has never happened in the last fifty years and it is a shame to happen now.”

New Town Charter Vote Postponed

Antone Viveiros has apparently collected a sufficient number of names on a petition seeking a new Town Charter but has decided to withdraw the petition at this time and will resubmit it in February. Had the petition gone forward at this time, it would have necessitated a Special election in October thereby creating three elections in the span of three months. By resubmitting the petition in February, the Special Election needed for the petition will occur next April. Editor’s Note: see Middletown Newsletter 7-17-06.

Scanlon Memorial

The Council unanimously received and approved a memorial bench for Bob Scanlon to be placed on the hill overlooking the surfer’s end of Sachuest Beach alongside the existing memorial benches. There will be no cost to the Town – all costs will be borne by the Scanlon family.

General Fund Expenditures

Rather than having uncommitted FY2006 funds go into next year’s budget as excess revenues, the Administration proposed, and the Council unanimously approved, the following General Fund expenditures:

• 8’ x 20’ Equipment trailer - $6,575
• Engineering service for High Street - $138,890
• Road paving - $122,00
• Fire Department building maintenance - $17,000
• Litigation, potential settlements - $137,844

Parks & Recreation Expenditures

Rather than having uncommitted FY2006 funds go into next year’s budget as excess revenues, the Administration proposed, and the Council unanimously approved, the following Parks & Recreation expenditures:

• Laundry room at campground - $8,196
• Screen house for campground - $4,819

Appointments

The Council unanimously made the following appointments:

• Jane E. Regan – Juvenile Hearing Board
• Patricia Weissman - Juvenile Hearing Board

Revenue Bond Approved

Rather than asking the voters to approve a $2.5 million sewer bond in November, the Administration proposed, and the Council unanimously approved, a Revenue Bond in that amount (see Middletown Newsletter 7-17-06). This process of using a Revenue Bond, not requiring voter approval, versus a General Obligation Bond is the first of its kind for Middletown but has been done previously by other communities in the state. Using the Revenue Bond supposedly will save the Town $1 million of interest payments over the next twenty years and will allow the project to proceed immediately rather than having to wait for the November election. This bond will be used to replace the 6300 foot forced-main pipe from the Wave Avenue Pump Station to the Newport sewer system along Memorial Boulevard. Resident Manny Mello stated that since the money to be borrowed is Federal money, voter approval is a requirement. Resident Carol Cummings related a number of phone calls with various state officials in which the need to replace the entire length of pipe was brought into question. The corrosion of the pipe from the outside in suggests that the pipe failure may be confined to only a small section where the break occurred. Ms. Cummings suggested that the Council conduct tests on the entire pipe and replace only the sections that are needed thereby savings millions of dollars. Resident Antone Viveiros stated that he was totally against putting the Town in debt for any amount over $100,000 without voter approval (Town Charter requirement). With assurances from Administrator Kempen that testing was not feasible and assurances from Bond Counsel that the Revenue Bond was legal, the Council ignored all concerns spoken by the residents and approved the bond.

PUBLIC FORUM SESSION

One person requested to address the Council during the public forum session:

Manny Mello addressed the forced-main breakage and again begged the Council to test the pipe. Mr. Mello said that the Council “shouldn’t jump the gun and spend $3 million for the entire pipe when only that one piece of pipe had failed.”

At 8:45pm the Council voted to reconvene the Executive Session that began prior to the regular meeting.

SEPTEMBER 5, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Disclaimer: I did not attend this meeting in person. In an attempt to report something for the archives, I videotaped the meeting from cable television, reviewed the tape, and reported on that.

All Council members were present.

Executive Session

The Council reconvened from Executive Session and unanimously voted to seal the minutes. As indicated in the docket agenda, the Executive Session was held for the matter of “collective bargaining (Fire, Police).”

Scotty’s Big Dawg’s Sports Pub

The Council received a memorandum from Police Chief Anthony Pesare indicating that Scotty’s Big Dawg’s Sports Pub had violated section 111.04 (B) (D) and (E) of the Class B alcoholic beverage license and he asked the Council to take appropriate action. Councilman Edward Silveira Jr. recused himself from this matter since “his business has had past dealings with this establishment.” Some member of the audience asked President Roderiques if he was going to recuse himself. President Roderiques explained that he was a longtime friend of Scotty; however, since there was no financial gain to be had, there is no conflict and he was not going to recuse. Based upon the Chief’s memorandum, the Council unanimously decided to hold a Show Cause Hearing on September 18^th, at the regular Council meeting, and to determine at that time what action will be taken.

Consent Calendar: Twenty-one Items

Three Consent Calendar items received additional comment and scrutiny:

1. Councilman Louis DiPalma asked if police officers would be receiving training in the new Polices & Procedures being adopted and received the reply from Chief Pesare that such training is provided after roll calls.
2. Councilwoman Shirley Mello inquired about the long list of delinquent taxes. Finance Director Shawn Brown explained that the list and amounts are far fewer than when he was first hired and that most of the delinquent property taxes are collected when the Town advertises its yearly tax sale.
3. Councilman Charles Vaillancourt thanked the effort of all those involved in the Anchorage Affordable Housing project even though the project itself was unsuccessful.

Added Agenda Item

Without presenting any documentation, Assistant Town Planner Samantha Hogan addressed the Council seeking permission to submit applications for two DEM grants both requiring matching Town in-kind services. One grant was for a retention pond at Gaudet School and the other grant was for Easton Point Storm Water systems improvements. The Council unanimously approved both applications.

Commendation for Little League Junior Girls Softball

President Paul Roderiques read a Council resolution praising the efforts of the Middletown Little League Junior Girls Softball All Stars, ages 13 and 14, which won the 2006 Division 2 Championship, advanced to the state championship tournament, and captured second place honors there. All players were 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 Coach Keith Challoner. A similar proclamation for the Major Girls All Stars, ages 11 and 12, was continued to the next meeting.

Commendation for Lifeguards

With one of the lifeguards in attendance, President Paul Roderiques read a Council resolution praising the effort of Lifeguards Ryan Connell and Eric Jennings for a successful rescue on May 29, 2006 of a father and son from an inflatable rowboat having lost its oars one half mile off shore. A copy of the proclamation and Town tiles were presented to the lifeguards.

Licenses Approved

The Council unanimously approved the following licenses:

• Victualling House License – Narragansett Provision Company, 567 East Main Road. Editor’s Note: Councilman Silveira did not recuse himself on this matter.

• Drain Layer’s License – John H Marshall, dba J.W.T. Construction, Wyoming, RI

Birchwood Drainage Project

The consulting engineer reported the results of boring tests which show that blasting will not be required and consequently a significant 50% reduction in the cost estimate for the project is now expected. The recommendation is to proceed with Phase III of the project, which entails digging a trench and installing pipe to Brown’s Lane. Town Administrator Gerry Kempen indicated that there is enough money to complete the project. Councilman Louis DiPalma asked how long it will take to obtain CMRC and DEM approval and received a reply of 180 days. Councilman DiPalma also questioned whether sewer bacteria dumping into the Bay would be a problem and received the reply that there is no problem associated with bacteria. Resident Manny Mello again argued against the project saying that “it is way out of line,” contending that this multi-million dollar project could have been solved with a $1000 fix.

Wave Avenue Pump Station Force Main Issues

The most contentious issue of the evening was the sewer overflow conditions at Easton Beach and the breaks in the Force Main sewer pipe along Memorial Boulevard. A letter from DEM indicated that DEM will be firm in holding to deadlines imposed for Middletown to correct the problem. A letter from the consulting engineering dispelled the notice that horizontal digging can be used to install a new pipe and that the traditional method of open trench digging is the only feasible approach. Three residents argued for additional testing before the Town expends $3 million to replace the entire pipe. Art Benner said that ductile iron pipe (which has failed three times in the same approximate location) is used without problems throughout the Town. Manny Mello said “shame on you (the Council) for not digging test holes … before spending $3M that doesn’t have to be done.” Carol Cummings said that the Town has existing pipes that were installed in 1939 without any failures to date, whereas these pipes with the problem were installed in 1967 and were expected to last 150 years – “it makes no sense to replace the entire pipe.” Ms. Cummings referred to DEM (forcing the replacement of the entire pipe) as “KKK members coming to lynch us.” Councilman Vaillancourt criticized Ms. Cumming for this KKK remark and Ms. Cummings said that Councilman Vaillancourt “was the rudest Councilman I have ever seen.” Ms. Cummings offered a donation, from herself and other individual citizen, to conduct the test diggings at no cost to the Town; however, legalities and liabilities prevented the Council from accepting this offer. Administrator Kempen explained that there is nothing we can do (no amount of testing) that will provide 100% assurance that there will be no more breaks. President Roderiques said that “I believe that the rest of the pipe is okay but am not willing to take the risk (of future breaks).” The Council unanimously approved the replacement of the entire pipeline.

Objection to Railroad to the Mainland

John Bagwell spoke in reference to his letter urging the Council to oppose Newport City Councilwoman Collen McGrath’s resolution urging the Governor to promote a railroad bridge across the Sakonnet River and for rail service to Boston. Mr. Bagwell suggested that rather that decreasing auto traffic on the Island (as Ms. McGrath contends), the rail service would make the Island a bedroom community for Boston and would thereby exacerbate the traffic congestion. Kenneth Kurtz and Peter Tarpgaard spoke in support of Mr. Bagwell’s position, urging an Island-wide discussion of the issue, rather than a Newport-only resolution.

Development Impact Fee Ordinance Continued

An amendment to the impact fee ordinance with adjustments for new calculations was continued until the next meeting.

Police Tactical Helmets Purchased

The Council unanimously approved a $13,902 contract with First Choice Armor of Massachusetts for the purchase of Police Tactical (Riot) Helmets. Although this company was the second lowest bidder, the contract was awarded based upon the recommendation of the Police Department. An error of $246 in the original resolution was noticed by Councilwoman Santos and corrected and amended before adoption. Monies for this purchase will come from the Drug Forfeiture Account.

Heavy Duty Truck Purchased

The Council unanimously approved a $71,887 contract with Peterbilt of Rhode Island, Johnston, RI for the purchase of a 2006 heavy duty truck (cab and chassis). The remaining purchase of dump body, plow, and sander are expected to be covered by the CIP approved budget.

Beware Insurance Non-Renewal/Cancellations

Councilman Vaillancourt expressed concern that insurance companies are sending homeowners non-renewal/cancellation notices if the homeowner lives within 3 miles of the water. Councilman Vaillancourt stated that state law (RI 27-29-4.1) prohibits insurance companies from doing this and residents who receive such notices should contact the Department of Business Regulation.

Inflow/Infiltration Testing

Councilman Vaillancourt recommended that a consultant be hired to study the question of inflow/infiltration and whether additional testing is needed. Councilwoman Santos criticized Councilman Vaillancourt for the lack of information on the docket item and the absence of additional info provided by Councilman Vaillancourt as promised in his docket item. No action was taken toward hiring a consultant.

Speed Limit on Greene Lane

Councilman Vaillancourt proposed a speed limit reduction on Greene Lane to match the speed limit on West Main Road (35 MPH) – currently the speed limit is 40 MPH on Greene Lane. Councilwoman Santos argued against the speed limit reduction as a means of reducing speed and increasing safety, citing her road (Morrison Avenue) where the speed limit is 15 MPH and speeders doing 50 MPH have been observed. The matter was referred to the Police Chief on a 6-1 vote with Councilwoman Santos opposed.

Councilwoman Mello’s Agenda Items

Councilwoman Shirley Mello placed two items on the agenda for discussion. Raising senior exemptions was dismissed since the exemption recalculations are in progress. The second item of crosswalks at the Green End Avenue/ Paradise Avenue intersection was referred to the Police Chief for his recommendation.

Legislative Agenda

Councilman Louis DiPalma suggested various workshops to discuss possible legislation that Middletown would like to see introduced in the next General Assembly term. He proposed workshops with the Council only, then with the School Committee, and finally with the State delegation, all to occur prior to December. Although there was agreement that such meetings should occur, no dates were established at this time.

Manny Mello Does Not Speak

Although Manny Mello had requested to speak on “the condition of the work that has been going on at Slate Hill Farm,” Mr. Mello had left the Council Chambers before this agenda item had been reached. Consequently, the agenda item was dismissed since “Mr. Mello was no longer in attendance.”

Appointments

The Council unanimously made the following appointments:

• Barbara A. Vonvillas – Personnel Board
• John W. Bagwill – Pension Trust Fund Investment Committee
• Peter Tarpgaard – Conservation Committee

Although Councilwoman Santos tried to beat Councilman Vaillancourt to the nominating process, President Roderiques indicated that Councilman Vaillancourt’s nominations should go first and therefore one of Councilwoman Santos’s nominations (Virgel Blaschke) never received an opportunity for a vote since all three of Councilman Vaillancourt’s nominations were appointed to the Library Board of Trustees:

• John W. Grisham – Reappointment
• Holly Levine – Reappointment
• Mary E. Ulrich-Budlong

Heating System for Police, Fire, & DPW Approved

As an addendum item to the agenda, the Council unanimously approved a contract with R. L. Horridge & Associates to develop construction drawings and specifications for improvements to the heating systems at the existing Fire and Police Stations and DPW. The amount of the contract “shall be based on a percentage of ten percent (10%) of the total construction package but not to exceed Seventy Five Hundred Dollars ($7,500).” The total estimated cost of construction is $82,500.

PUBLIC FORUM SESSION

One person requested to address the Council during the public forum session:

Art Benner had requested to speak but had departed before this agenda item was reached.

The Council adjourned 123 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 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.

SEPTEMBER 18, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Since President Paul Roderiques was absent, Councilman Charles Vaillancourt presided over the meeting and called the meeting to order at 7:04pm. All other Council members were in attendance. Prior to the roll call, Councilman Vaillancourt declared that the originally scheduled Show Cause hearing for Scotty’s Big Dawg’s Sports Pub had been rescheduled for the next meeting, October 2, 2006.

Nine-item Consent Calendar

The consent calendar was adopted unanimously without comment. Editor’s Note: Councilman Edward Silveira Jr. recused himself on item #5 since “Mr. Kempenaar is a customer.”

Commendation for Little League Major Girls Softball

Since no one from the team was in attendance, the Council did not read the proclamation but simply unanimously adopted a resolution praising the efforts of the Middletown Little League Major Girls Softball All Stars, ages 11 and 12, which won the 2006 Division 2 Championship and advanced to the state championship tournament. The team was led by Manager Paul Murphy and Coaches Michael Sullivan, Charles Rochefort, and Jim Correia.

Paradise Park Conceptual Plans Approved

Assistant Town Planner Samantha Hogan presented the Council with the conceptual plan for Paradise Park improvements and requested permission to proceed with the construction which will be paid with a DEM grant and a 50% Town match. The Council unanimously approved the project.

Sewer Easement Approved – Slate Hill Farm

The Council unanimously approved an easement agreement with Brian and Mary Bardorf and the Sally Vanicek Revocable Trust allowing the sewer pipeline to cut through these properties resulting in “substantial savings to the town.” In exchange for the easement, the Town agrees to install connections to the existing “Vanicek and Bardorf homes, provide for eventual connection to two other vacant properties, remove some vegetation, and increase the size of a storm drain outlet on the property.” In addition, the Town agrees to assess sewer charges based on frontage like every other homeowner, rather than the length of pipe passing through the properties.

Objections to Sewer Assessments for Slate Hill Farm

Residents of Slate Hill Farm submitted a 20-signature petition to the Council objecting to the existing method of assessing construction cost per frontage, instead asking for a different method of calculation that would be more equitable. Alan Bernard indicated that assessment charges range from $11,000 to $66,000 yet every homeowner is receiving the same benefit. Mr. Bernard contends that each resident should pay the same amount. Robert Laske also expressed this same point of view. Jim Hurst stated that he has replaced his septic tank and water well at his own expense and now is being required to help pay for those homeowners who were not responsible enough to fix their own systems. Mr. Hurst believes that a “financial gun” is being held to his head and will have to pay the $35,000, even if he were to sell his house and move out. Antone Viveiros cautioned the Council against changing the assessment calculation method, specifically for this one neighborhood, stating that “all residents of Middletown must be treated equally.” Jay Manning said that the Slate Hill Farm area is “unlike Turner Road and you (the Council) have grounds to change the assessment method.” Mr. Manning also petitioned to have sewer hook-up costs reduced. Robert Silva requested that his name and that of his wife be added to the petition since they were “out of the country” at the time the petition was circulated. Mr. Silva stated that “the method of distributing costs is unfair” and urged the Council to do something about it “in light of the fact that this is an old development.” The Council directed the Solicitor to review the assessment method and make a recommendation to the Council. Editor’s Note: the Council had previously given this task to the Solicitor and Solicitor Gorton has already presented his view to the Council (see Middletown Newsletter 2/6/06.)

For those interested in reviewing the history of the Slate Hill Farm Sewer/Water project. See the following Middletown Newsletters: 6/20/03, 1/20/04, 5/17/04, 3/21/05, 12/19/05, 2/6/06, 2/21/06, and 3/21/06.

Fire Hoses Purchased

The Council unanimously approved a $7162 contract with Firematic Supply, Inc. for the purchase of Large Diameter Hose.

Development Impact Fee Ordinance Tabled

An amendment to the impact fee ordinance with adjustments for new calculations was tabled unanimously. Finance Director Shawn Brown indicated that considerable more effort is needed in the calculations to conform to the original Louis Berger methodology.

Commercial Design Standards for Existing Businesses

Councilwoman Shirley Mello asked the Administration to develop an incentive program to help existing businesses conform to the newly created Commercial Design Standards, since existing businesses are grandfathered and need not conform. Specifically, Councilwoman Mello asked Administrator Kempen to develop a grant program to be used as an incentive for these businesses to upgrade their signage and landscaping. Councilman DiPalma urged that a cap be placed on any incentive grant program, lest the cost get out of control.

Conceptual Design for the Town Center in the Valley

Jay Manning, Valley Ad-Hoc Committee Chair, presented the Council with the conceptual plan for the Valley project and recommended that the Town should acquire Lot 129. As for the mitigation of the contaminated soil, it appears that only 6-inches of clean fill spread across the entire Valley will suffice at a cost of approximately $100,000 per acre. That cost combined with design and construction costs would make the entire cost a worst-case scenario of $5,000,000. By the end of November, a better cost estimate will be available. The only disagreement that the Ad-Hoc Committee had with the plan is the ten-space parking area located off High Street. Coincidently, the only resident who spoke was John Ballard and his concern was that exact parking area.

Synthesized Strategic Plan

Councilman DiPalma presented, and the Council unanimously adopted, a synthesized strategic plan that is the product of an off-site, seven-hour meeting of Town Department Heads and Town Council members.

Council Opposes Casino

The Council has previously supported resolutions by other cities/towns expressing opposition to the Casino and Ballot Item #1. Suggesting that Middletown should have its own resolution, Councilman DiPalma introduced, and the Council unanimously adopted, a resolution “strongly opposed to the expansion of gambling and specifically, the proposed constitutional amendment to allow for a casino in the Town of West Warwick.”

Appointments

The Council unanimously made the following appointments:

• Jairo Rugel – Information and Technology Advisory Committee
• Dennis Turano – Information and Technology Advisory Committee

PUBLIC FORUM SESSION

One person requested to address the Council during the public forum session:

Ronald Santa questioned the Town policy for removing “road kill” from Town Roads, specifically whom should a resident call and what results should be expected? When no one appeared to have an answer, Mr. Santa then criticized the Town for leaving a dead skunk to rot, fester, and smell in front of his house for weeks until it withered away. Mr. Santa explained that this was the second time this had happened and considered it to be “Strike Two” on the Town. Mr. Santa hopes that the “Town will not strike out when next a dead skunk is reported to be lying on a Town road”, especially in front of his house.

The Council adjourned at 8:37pm.

OCTOBER 2, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Prior to the regular meeting, the Council held an Executive Session in a room other than the Council Chambers. The Council concluded the Executive Session and returned to the Council Chambers at 7:00pm. President Paul Roderiques called the meeting to order at 7:06pm. All Council members were present.

Executive Session

The first business conducted by the Council was to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “collective bargaining (Fire, Police) and real property, land acquisition.”

Police Ceremonies

Since the Council Chambers were filled to capacity with a standing-room-only audience, President Roderiques decided to alter the order of the agenda and first to address the promotion and retirement of Police Officers, thereby allowing a large number of participants to leave after the ceremonies. Four officers were promoted as Police Chief Anthony Pesare read a short biography of each, Town Clerk Barbara Nash administered the swearing-in oath to each officer, and a family member pinned the new badge on each officer. Those promoted were: Lieutenant Robert S. Nutt, Sergeant John T. Dring, Sergeant Allan J. Garcia, and Detective Walter C. Mey Jr.; Chief Pesare then introduced the retiring officers and read a list of accomplishments of each. President Roderiques presented a plaque to each retiring officer. These retiring officers were: Captain David H. Leonard, Officer Vincent J. Truver, Officer Alan F. Sullivan, and Officer David L. Cunningham (not in attendance). The ceremonies concluded with a speech by Officer Sullivan explaining how much he had enjoyed serving in the Town of Middletown and, as a measure of thanks to the community, presented the Senior Center with a personal $1000 check for the purchase of a piano. President Roderiques then declared a five minute recess to allow those wishing to leave to vacate the chambers.

I&I and Stormwater Efforts Updated

Taking one more agenda item out of order, President Roderiques introduced DEM Director Michael Sullivan. Mr. Sullivan gave a short speech indicating that he was appearing in defense of the good men and women of DEM who he felt have been unfairly criticized by a Middletown resident at the last Council meeting. Specifically Mr. Sullivan complained about the use of “KKK” in reference to the DEM, which Mr. Sullivan found “unacceptable.” Resident Carol Cummings then spoke as a “private citizen” defending her previous statement and describing an August DEM meeting where “she encountered a vicious attack of fear toward the community.” President Roderiques said that “things were said in the past but we need to move forward now.” Councilman Charles Vaillancourt said that “since there was no apology (by Ms. Cummings), I want to make an apology (for the comment) to DEM personally.” Town Administrator Gerry Kempen then proceeded to report on Middletown’s efforts to fix the problems in the beach area. Administrator Kempen first explained that the major cause of bacteria pollution of the beach is NOT the broken sewer lines, although these contribute to the pollution. However, the major cause of bacteria pollution is stormwater containing fecal matter from wild animals and pets. Three sources of bacteria-laden stormwater dump into the Atlantic Ocean in the Easton Beach area: (1) a 36” stormwater pipe from Middletown, (2) the moat around the reservoir, and (3) a RI Department of Transportation pipe. As for Middletown’s portion dumping from the 36” pipe, it does not appear that the problem can be corrected at its source and the solution might be to extend the pipe out into the ocean where the bacteria will die in salt water before getting to the human population at the beach. Administrator Kempen then explained that the replacement of the force-main sewer pipe along Memorial Boulevard is on schedule and should be completed by May 1^st. The Wave Avenue Pump Station renovations will have to be delayed until after the force-main sewer pipe is installed. Finally, Administrator Kempen explained that the I&I problem continues to be addressed and that the Town has expended $6M-$9.5M to date. Councilwoman Shirley Mello concluded this agenda item by waving a piece of paper and questioning its contents and referring to it as “friendly fire (from DEM).” This issue was not clarified and the audience was left with no explanation.

Show Cause Hearing

With Assistant Town Solicitor Richard D’Addario acting as the prosecutor, President Roderiques read the complaint against Scotty’s Big Dawg’s Sports Pub in which three violations of Middletown ordinances and Liquor Control Administration Regulations were cited; (1) selling, serving or dispensing alcoholic beverages after legal closing hour, (2) allowing patrons to remain on premises more than thirty (30) minutes after legal closing hour, and (3) allowing patrons to consume alcoholic beverages on the premises more than thirty (30) minutes after legal closing hour. In his defense, Scott McLeish said it was only “five minutes overdue (beyond the 30 minute grace period)” and contended that alcohol was NOT served after closing hour. Prosecutor D’Addario then explained that the law assumes that liquor has been sold after hours if it is being consumed more than 30 minutes after closing. The Council then decided that Mr. McLeish had made a voluntary admission to the violations and therefore found the establishment guilty of violating the law. The Council then proceeded to a discussion of penalty with Councilwoman Mello originally suggesting a $250 fine. However, since the patron was also found in possession of cocaine, the penalty was amended to $500. Mr. McLeish objected to this increase stating “Am I supposed to search all my patrons when they arrive?” Lynn Bricker, an abutter, suggested that the operating hours should be reduced since this establishment continues to violate the conditions placed on its license. On a unanimous vote the Council established the penalty as a $500 fine. Councilman Edward Silveira Jr. recused himself on this and two other liquor license matters because “his company may have a future business interest.”

Liquor License Hearings Advertised

The Council unanimously ordered advertised for public hearing the following items:

• Transfer Kempenaar’s Clambake Club, 323 Valley Road
• Stock Transfer County Liquor Mart, 43 Aquidneck Avenue
• Renewal Retailers’ Alcoholic Beverage Licenses for 2006-2007 (attached list)

Thirteen-item Consent Calendar

The consent calendar was adopted unanimously without comment.

Licenses Approved

The Council unanimously granted the following licenses

• Victualling House License – Middletown Mobil, 356 West Main Road
• Holiday License – Middletown Mobil, 356 West Main Road

Contract Award – Slip Lining

The Council unanimously awarded a contract to Advanced Pipe Inspection, Inc., Dedham, MA. Originally Councilwoman M. Theresa Santos indicated that she would not vote on this issue since the attached documentation was “unreadable.” Finance Director Shawn Brown indicated that he would get her a readable copy tomorrow and further explained that this was a “unit cost” contract and once the total quantity of work has been determined, a total cost contract subsequently will be submitted for Council review. This explanation was apparently sufficient to satisfy Councilwoman Santos’s concerns, as she voted for contract approval.

Objection to Railroad to the Mainland

John Bagwell introduced an amendment to a proposed resolution he had submitted to the Council at the September 5^th meeting urging the Council to oppose a railroad bridge across the Sakonnet River and rail service to Boston (see Middletown Newsletter 9-5-06). Mr. Bagwell amended his previous statement to include the damage to “affordable housing” that such a rail service might cause. Peter Tarpgaard again spoke in support of Mr. Bagwell’s position.

Demery Park Parking Area Contract

The Council unanimously approved a $24,500 contract with East Coast Construction, Portsmouth, RI for the construction of a grasspave area parking lot with steel apron at Demery Park. For an additional $10,000 the apron could be constructed of cobblestone, instead of asphalt, but the Council decided against the additional cost.

School Committee Stipend

The Council received on its first reading, an ordinance creating a stipend for the School Committee to take effect after the November election. The School Committee Chairperson shall receive $1400 and other School Committee Members shall receive $1200. The Council likely will adopt this ordinance at its second reading at the next meeting.

School Facility/Assets Study

School Superintendent Rosemary Kraeger requested $150,000 to support a Newport Collaborative facilities study to determine “recommendations about school building and grounds, including the disposition of Linden School and the Drive-In.” This study would seek public input. President Roderiques was hesitant to spend money on another study; however, Councilman Louis DiPalma stated that $150,000 was less than 0.5% of the School Budget and could therefore be a significant cost savings. The question as to where the funds would come from was answered by Finance Director Brown indicating that the Town’s reserve funds would be used, since in the past few years the Town has whittled the School’s reserve funds to nothing, maintaining all reserves in the Town’s budget. The issue was continued until the next meeting where Finance Director Brown will provide current figures on the Town’s reserve account.

PUBLIC FORUM SESSION

Two people requested to address the Council during the public forum session:

John Schwemin, 3 Circle Drive, argued against changing the method of assessing construction costs for Slate Hill Farm Sewer/Water project.

Alan Bernard, 16 Circle Drive, argued in favor of changing the assessment method in order to provide a fairer method of assessment. Mr. Bernard asked for a Council workshop and a date to discuss the Slate Hill Farm Sewer/Water assessments. The Council agreed to conduct a workshop on November 13, 2006 at 6:30pm.

The Council adjourned at 9:43pm.

OCTOBER 16, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Prior to the regular meeting, the Council held an Executive Session in a room other than the Council Chambers. The Council concluded the Executive Session and returned to the Council Chambers at 7:00pm. President Paul Roderiques called the meeting to order at 7:02pm. All Council members were present. Editor’s Note: Time is quoted from the wall clock; although that clock is 3 minutes slow.

Executive Session

The first business conducted by the Council was to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “collective bargaining (Fire, Police), potential litigation (ICO) and land (Navy).”

Acting as a Board of License Commission

The Council unanimously ordered advertised for public hearing, the renewal of a Class BT Alcoholic Beverage License for Royal Plaza Hotel/Days Inn, 425 East Main Road. Councilman Edward Silveira Jr. recused himself without explanation.

Fifteen-item Consent Calendar

The consent calendar was adopted unanimously without comment. Councilman Charles Vaillancourt recused himself from item #11 without explanation. Councilwoman M. Theresa Santos recused herself from items #5&6 without explanation, and indicated a written excuse had been submitted. Councilwoman Barbara Barrow recused herself from item #12 stating that she was an abutter.

Mutual Aid Agreement With Newport Approved

The Council unanimously approved a mutual aid agreement with Newport for the Police Departments. The agreement will allow the police in one jurisdiction to continue a chase into the other district and to make an arrest in the other district.

Birchwood Drainage Project

Town Administrator Gerry Kempen gave the monthly update report on the Birchwood drainage project, indicating that additional modeling is ongoing to determine construction costs needed to handle the additional flow on Brown’s Lane. When questioned as to when the project will be completed, Administrator Kempen replied that there are too many unknowns at this time to give such an estimate; however, by springtime an estimated completion date should be available. Resident Art Benner said that Phase I work has not been completed and was concerned that this part of the project would not be completed by this winter.

School Facility/Assets Study

On a 4-3 vote with President Roderiques, Councilwoman Santos, and Councilwoman Shirley Mello opposed, the Council approved a School Department request for $150,000 to support a Newport Collaborative facilities study to determine “recommendations about school buildings and grounds, including the disposition of Linden School and the Drive-In.” Two unidentified members of the School Department spoke, with one stating that “this is not a plan to build new schools but instead is a plan to determine how best to use our schools” and the other stating “ we have to do something with Linden School and the Drive-In, we can’t let our vacant land lay fallow.” While criticizing the School Department for not including this funding in the budgetary process last summer, Councilwoman Santos asked if “the School Committee would be coming forward with any more surprises?” Councilwoman Mello said “I’m not certain we need to spend $150K to have someone tell us we need to sell Linden School.” While supporting the need for the plan, President Roderiques said that it was “not an immediate and pressing issue and shouldn’t be taken out of surplus funds” but recommended that it should be included in next year’s CIP budget.

School Committee Stipend

The Council unanimously adopted on its second reading, an ordinance creating a stipend for the School Committee to take effect after the November election. The School Committee Chairperson shall receive $1400 per year and other School Committee Members shall receive $1200 per year.

Technology Advisory Committee Report

The Council received a summary report from the Technology Advisory Committee, detailing the findings of a study to determine where IT equipment and software could be shared by Town Departments in an effort to save money. The conclusions reached by the Committee were that cost savings were not to be found, since sharing which could be done is being done. Further sharing is prevented by differing rules/regulations imposed on the individual departments by State and Federal laws and regulations. Administrator Kempen thanked the Committee for its fine work and terrific report.

Consulting Agreement Approved

The Council unanimously approved a consulting agreement with Mapping and Planning Services, Jamestown, RI, related to the Town’s Geographic Information Systems development and applications, and the functions and processes that it supports. Ms. Mary Hutchinson will serve as the principal consultant. The payment will be $90 per hour for up to 500 hours and $95 per hour for additional hours approved by the Town Administrator.

AutoPulse Contract Approved

The Council unanimously approved a sole source $28,200 contract with Zoll Medical Corp., Chelmsford, MA for the purchase of two AutoPulse Non-Invasive Cardiac Support Pump Systems. Monies for this purchase will come from the Rescue Wagon Fund.

Engineering Services Contract Approved

The Council unanimously approved a $199,040 contract with Garofalo & Associates, Providence, RI (2^nd low bidder) for surveying, engineering, and construction management services for Everett, Granada, Paul, Willow, Balsam, Evergreen, Elmwood & Linden Streets. Resident Art Benner suggested that smoke and dye testing should be done before any expensive replacement of sewer lines is started. Joseph Casali, owner of the low-bidder company ($197,280.34), spoke and asked to be considered in future contracts with the Town. The Council asked why the qualified low bidder was not the preferred company and received the reply from Town Engineer Warren Hall that the Town had not done any work to date with Joe Casali Engineering, Inc. but has done a number of projects with Garofalo & Associates and the difference between the bids was only $2000. President Roderiques and Councilman Vaillancourt, although voting for this recommendation, cautioned Town Engineer Hall against such recommendations in the future indicating that it is discouraging to bidders to see the low bidder not selected and the result might be the future loss of competitive bidding.

Consultant Selected for Atlantic Beach Master Plan

The Council unanimously awarded a $62,400 consultant contract to Maguire Group, Providence, RI (3^rd low bidder) to develop a Master Plan for the Atlantic Beach District. A selection committee, consisting of Town Planner Ron Wolanski, Planning Board members Art Weber and Dick Adams, and Mike Ahnrud of the Statewide Planning Program, had made the recommendation that “the Maguire Group, teamed with the design firm of Gates, Leighton & Associates, most closely matched the Town’s requirements.” Monies for this project will come from a Statewide Planning Program Grant and a 20% Town match.

Preserve-Protect-Conserve 2^nd & 3^rd Beach

Councilman Louis DiPalma submitted a letter recommending the establishment of an Ad Hoc Committee, similar to the Valley Ad Hoc Committee, to Preserve-Protect-Conserve 2^nd & 3^rd Beach. The co-chairs of the Ah Hoc Committee should be the current chairs of the Open Space & Fields Committee (Mason Hawes) and of the Beach Commission (Rian Wilkinson). Mason Hawes, Rian Wilkinson, and Ted Clement, Aquidneck Land Trust, all spoke in support of this effort. The Council unanimously decided to establish this Ad Hoc Committee; however, Councilwoman Santos did indicate some reluctance saying “we have more committees up the ying-yang.”

PUBLIC FORUM SESSION

One person requested to address the Council during the public forum session:

Art Benner spoke against the vast hiring of consultants, indicating that many engineering studies have been made and reports generated that never have been followed by action. Mr. Benner contends that local residents can make better decisions than out-of-town consultants.

The Council adjourned at 8:50pm.

NOVEMBER 6, 2006 MIDDLETOWN TOWN COUNCIL MEETING

President Paul Roderiques called the meeting to order at 7:00pm. Councilman Charles Vaillancourt was absent. Editor’s Note: Time is quoted from the wall clock; although that clock is 2 minutes slow.

Acting as a Board of License Commission

The Council unanimously approved the following:

• Transfer of Class J License to Booth Caterers Inc., dba Kempenaar’s Clambake Club
• Transfer of 100% Stock for Class A License County Liquor Mart, 43 Aquidneck Avenue
• Renewal (attached list) for 2006-2007 licensing year - Councilwoman Barbara Barrow recused herself from this item stating that she had clients on this list

Councilman Edward Silveira Jr. recused himself from all three items mumbling some explanation (not discernible) about a “conflict”.

Eighteen-item Consent Calendar

The consent calendar was adopted unanimously without comment. Councilwoman Barrow recused herself on items 11, 12, & 18 stating that she had clients on these items. Councilman Silveira recused himself on item #18 without explanation.

Students to Study Bailey’s Brook

Students of the Aquidneck Island Christian Academy sought permission from the Council to conduct a study, in conjunction with the University of Rhode Island, of Bailey’s Brook between Shaw’s Food Market and BJ’s. Permission from the land owners has been obtained. The students intend to conduct tests for oxygen levels, phosphates, nitrates, and PH levels in the brook. The Council unanimously approved the request.

Licenses Granted

The Council unanimously granted the following licenses:

1. Victualling House Additional Hours of Operation – Dawg House, 1132A Aquidneck Avenue
2. Renewal (attached list) Victualling House Additional Hours of Operation for 2006-2007 licensing year
3. Victualling House 2006-2007 licensing year – Kempenaar’s Clambake Club, 323 Valley Road
4. Victualling House 2005-2006 licensing year - Papa Gino’s, 614 West Main Road

Councilman Silveira recused himself on item 2 without explanation. Councilman Silveira recused himself on items 3 & 4 mumbling some explanation (not discernible) about a “conflict”.

Revenue Bond for Sewer Line on Memorial Boulevard

On a 6-1 vote with Councilwoman M. Theresa Santos opposed, the Council approved a resolution authorizing the issuance of a revenue bond, not to exceed $2,750,000, for the replacement of the sewer line along Memorial Boulevard from the Wave Avenue pumping station to Newport. Resident Antone Viveiros asked why the amount had been increased from the original estimate of $2.5M and Town Administrator Gerry Kempen replied that Bond Counsel had made this suggestion. Mr. Viveiros then asked if the sewer tax rate, which will be increased to pay for this bond, will be reduced after the twenty year bond has been paid. Administrator Kempen replied that the Council, at that time, will have to make that decision.

Budget Adjustments

The Council unanimously approved budget adjustments in the amount of $462,846.70. Finance Director Shawn Brown explained that these adjustments were necessary to correct errors made by his office and will result in the numbers being placed in the right place. Finance Director Brown further explained that this action does not result in any increase in expenditures.

Curbside Collection Consultant Approved

At a special meeting on October 19, 2006, the Council voted to establish a curbside refuse collection system and to abandon the present transfer station in 2007. To assist with the implementation of the Curbside Collection Contract, the Administration has sought the consulting services of DSM Environmental Service, Inc., Ascutney, VT. When a resident inquired as to why we need additional consulting services, Administrator Kempen stated that this contract will put together the final concept, design the necessary contracts, and look for contractors. Another resident cautioned the Council that the new “Pay As You Throw” collection system should have no property tax involved. The Council unanimously approved this $34,000 contract for consulting services, noting that it will be funded by a Grant from the Rhode Island Resource Recovery Corporation.

Emergency Generator for Town Hall

Previously the Council had approved the purchase of new generators for the Gaudet Middle School and the High School. With a newly received Homeland Security Grant of $75,000, the Administration desires to use these funds to replace the electric generator at the Town Hall rather than use this grant to reduce the cost of the generators at the two schools. All three old generators will be sold at surplus after the new generators are installed. Resident Antone Viveiros cautioned the Administration against including grant monies and expenditures in the updated operating budget which inclusion would make the starting point of next year’s budget a higher value than is necessary, since the generators will be a one-time purchase. The Council unanimously approved the expenditure for the Town Hall generator.

Aquidneck Island Planning Commission Funding

At the urging of Councilwoman Barbara Barrow, the Council unanimously approved a resolution petitioning the General Assembly to provide a $50,000 annual stipend for the Aquidneck Island Planning Commission. Previously the Commission has supported itself through various grants; however, these grants seem to be drying up and another source of revenue is needed.

Library Request for Funds Tabled

The Council unanimously tabled, for action by the next Council, a request for $6000 from the Town Library for “anticipated legal expenses in connection with ongoing labor negotiations.”

PUBLIC FORUM SESSION

One person requested to address the Council during the public forum session:

Antone Viveiros inquired whether the land for the new police station has been tested for contamination since he is worried that additional monies for soil mitigation might be required after the Police Bond has been approved.

With President Roderiques stating that this “concludes the 2005-2006 Town Council sessions,” the Council adjourned at 7:54pm.

NOVEMBER 20, 2006 MIDDLETOWN TOWN COUNCIL MEETING

With Town Clerk Barbara Nash presiding, the inauguration meeting for the new Town Council, scheduled for 7:30pm, was called to order at 7:34pm

Opening Ceremonies

• Members of the Police Department and Fire Department presented the colors as Clerk Nash led the audience in the Pledge of Allegiance.
• Rev. Eugene J. McKenna, St. Lucy’s Church, gave the invocation as well as the benediction at the end of the meeting.

Swearing-In Ceremony

Congressman Patrick J. Kennedy administered the oath office, first to the new School Committee members and then to the new Town Council members. In alphabetical order the new Town Council members are:

· Councilwoman Barbara Barrow

· Councilman Louis DiPalma

· Councilwoman Shirley Mello

· Councilman Paul Roderiques

· Councilwoman M. Theresa Santos

· Councilman Edward Silveira Jr.

· Councilman Robert Sylvia

Congressman Kennedy invited the Council members to come down from the dais to the Chamber floor for the swearing-in ceremony. The four male members reached the floor first and Congressman Kennedy joked that “we will just swear in the Democrats” and the audience responded, not with laughter, but with loud applause. Councilwoman Mello, herself a Democrat, was not pleased with the comment of Congressman Kennedy since she was not yet on the Chamber floor.

Electing Council President and Vice Chairman

Councilwoman Mello nominated, Councilwoman Santos seconded “with great pleasure”, and the Council unanimously elected Paul Roderiques as the Town Council President. From this point on, President Roderiques presided over the meeting. President Roderiques then nominated, Councilwoman Santos seconded “again with great pleasure”, and the Council unanimously elected Councilwoman Mello as the Town Council Vice Chair.

Editor’s Note: the seating of Council members on the dais appears to have returned to the traditional seating arrangement with Republicans on one side and the Democrats on the other, rather than the more recent seating arrangement of Democrats in the middle and Republicans on the ends. This seating arrangement seems to make more sense and allows the minority members to be seated together rather than separated at opposite ends. However, with Councilwoman Mello’s election as Vice Chair and therefore seated at the right hand of President Roderiques, the resulting seating arrangements places the three women together on the left side of the dais, viewed from the floor, with the five men seated on the right.

Appointments

The Council unanimously made the following appointments:

· Town Solicitor - Francis Holbrook

· Assistant Town Solicitor – Michael Miller

· Probate Judge – Michael Miller

· Municipal Court Judge – Peter Regan

Business Meeting

The Council then conducted a short business meeting to adopt a resolution authorizing a $28,000 contract to repair and recoat the roof of the Public Works Mechanics Garage. This item was budgeted for $90,000.

Announcements

Congressman Kennedy indicated that $750,000 has been “earmarked” for the Kempenaar Valley and will be forthcoming to Middletown in the next few weeks. Congressman Kennedy also indicated that the Middletown Police Station will be his “Number One Priority”.

President Roderiques indicated that Middletown has received $10,000 from the State for seeking a solution to the problem of beach closing caused by storm water.

The Council adjourned at 8:12pm and President Roderiques invited all to stay for refreshments.

RUMOR – At the inaugural festivities, this reporter heard the latest rumor going around Town which is that Library Director Robert Balliot is being fired for “political reasons.” Editor’s Note: I can only hope that this rumor is false since, in my opinion, Robert Balliot is an excellent Director and the Library has been run extremely well under his leadership.

DECEMBER 4, 2006 MIDDLETOWN TOWN COUNCIL MEETING

President Paul Roderiques called the meeting to order at 7:02pm. All Council members were present. Editor’s Note: Time is quoted from the wall clock. The wall clock continues to be 3 minutes slow, perhaps deliberately set so as to allow meeting start times to appear to be punctual.

Executive Session

The first business conducted by the Council was to reconvene from the Executive Session and to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matters of “(1) personnel (Town Administrator) and (2) collective bargaining (Fire, Police).”

Acting as a Board of License Commission

The Council unanimously granted a Class F one-day Alcoholic Beverage License to the Middletown Senior Center for a December 29, 2006 New Year’s Eve Cocktail Party. Councilman Edward Silveira Jr. recused himself on this issue without explanation.

Six-item Consent Calendar

The consent calendar was adopted unanimously with Councilwoman Shirley Mello asking short questions on two items and receiving answers from the Administration.

Fire Department Recognition

Fire Chief Stephen Martin introduced five new probationary officers. 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. The new firefighters are:

• Kevin T. Brooks
• Kristopher E. Hopkins
• James M. Lynch
• Nathan W. McGillivray
• Thomas A. Reed

Clerk of the Year

Town Clerk Barbara Nash has been named 2006 Town Clerk of the Year by the RI Society of Professional Land Surveyors. A ceremony for this award has been delayed because “proper gifts have not yet been obtained.” President Roderiques proposed that the matter be continued to the December 16^th meeting but this was changed to January 2, 2007 when Clerk Nash informed the Council that she would not be attending the December 16, 2006 meeting.

Licenses Granted

The Council unanimously granted the following licenses:

• Holiday License - La Chic Nails, 57 East Main Road
• Holiday License – Olympic Core Orthotics, 1181 Aquidneck Avenue
• Drain Layer’s License – William Anthony Excavating, North Kingstown, RI
• Victualling House License – Zaccagnini Pizza and Pasta, 659 West Main Road. Councilman Silveira recused himself without explanation.

West Side Master Plan Endorsed

The Planning Board recommended that the Council endorse the Aquidneck Island Planning Commission’s (AIPC) West Side Master Plan and the Council unanimously did so. Although the endorsement does not, in itself, implement any of the concepts in the West Side Master Plan, the Planning Board will now “proceed with work to integrate the Middletown-specific recommendations into the town’s Comprehensive Plan.”

EPA Brownfield Grants

Town Planner Ron Wolanski asked permission to apply for two EPA Brownfield Grants for the two lots in The Valley (AP 108 Lot 4 and AP 108 Lot 554). Planner Wolanski explained that these $200,000 grants are to be used to help clean up the arsenic contaminated soil. Each grant requires a $50,000 Town match, monies for which were dedicated as part of the original sale of the land. It was stated, but not highlighted nor emphasized, that these were annual EPA grants and the Town might apply for additional grants in the following years until the contamination has been fully corrected. As for the requirement that the arsenic contamination must be mitigated at all, Town Administrator Gerry Kempen said he is confident that legislation will be introduced this year to address the State standard for arsenic levels’ being too low in Rhode Island, perhaps reducing or eliminating the need to mitigate the arsenic soil conditions. The Council unanimously authorized the Town Planner to submit the grant applications.

Transfer Station Operation

Councilwoman M. Theresa Santos announced that permission has been received to allow the Transfer Station to remain at its current location until November 2007. Councilwoman Santos then suggested that the Transfer Station should remain open six days per week (currently closed on Wednesday) to alleviate the backlog that occurs on Saturdays. This matter was continued until the next meeting so that the Administrator could determine the financial impact of remaining open the additional day.

Engineering Services Contract Extended

At the urging of the Administration, the Council unanimously extended the contract with Pare Engineering Corporation for Professional Engineering Service for calendar year 2007. This contract covers development plan review services on an as needed basis with the cost being borne by the developers not by taxpayers. Resident Antone Viveiros cautioned the Council against extending contracts with firms with which we already do business rather than submitting the contract to a renewed bidding process.

Slate Hill Farm Assessments

With no documentation attached, the subject of Slate Hill Farm sewer and water assessments was on the agenda for Council consideration. Administrator Kempen gave a short recap of the situation, and explained that if the assessment method were to be changed, it would entail a lengthy delay as enabling legislation and a vote by the public in a general election would be needed. Three residents again spoke in favor of changing the assessment method to a per-lot, rather than a per-foot, assessment. However, if such change were not to be made, these residents implored the Council to grant a special exemption (as authorized by statute) for their individual properties. The Council decided to take no action this evening in order to allow sufficient time for newly elected Councilman Robert Sylvia “to get up to speed” on the issue. The matter was continued to the next meeting.

Carol Cummings Speaks

Resident Carol Cummings spoke regarding the force main replacement sewer line along Memorial Boulevard from the Wave Avenue Pumping Station to Newport. Ms. Cummings cited various testing requirements and stated that the “Town is being irresponsible in not doing what DEM has asked them to do.” Councilwoman Santos explained that Ms. Cummings has spent a lot of her own money and time on this issue and noted that Ms. Cummings lives on Indian Avenue, without sewer, and therefore will not be paying any portion of the replacement sewer line. Councilwoman Santos thanked Ms. Cummings for her unselfish work on this matter.

Federal Funding for Police Station

In a letter to the Council, Councilman Louis DiPalma asked the Council to pursue federal funding in support of the new Police Station. Councilman Sylvia made a motion to table this matter since Representative Patrick Kennedy, at the last Council meeting, said that he was going to make this issue his number one priority. On a 6-1 vote with Councilman DiPalma opposed, the matter was tabled, thereby ending all debate on the matter.

School Committee’s Budget Subcommittee

In a letter to the Council, Councilman DiPalma suggested that two Council members be identified “to work collaboratively with the School Committee’s Budget Subcommittee as they develop their respective budget.” Hopefully, this will create a “deeper understanding and appreciation of the School Department budget (and) the ultimate review and adoption of the overall Municipal budget would be more meaningful and the process streamlined.” Thereafter nominations for the appointments were made as follows: Councilwoman Santos nominated Councilwoman Mello; Councilman Sylvia nominated Councilwoman Santos; and Councilman Silveira nominated Councilman DiPalma. Taking the vote in the order in which the nominations were made, Councilwoman Mello was appointed unanimously and Councilwoman Santos was appointed on a 5-2 vote with Councilmen DiPalma and Silveira opposed. Editor’s Note: The Council member who proposed the idea was not appointed (a rare occurrence) indicating a possible rift and division in this Council.

Library Matters

On the agenda, continued from the November 4^th meeting, was a request from the Library for $6000 additional funding for legal expenses. President Roderiques announced that this matter had been asked to be withdrawn and he originally suggested there would be no discussion on this agenda item, since it has been withdrawn. However, many people had attended this Council meeting and asked to speak, and the Council relented and opened the matter for discussion. First, however, the Council voted unanimously to rescind the $6000 funding which was curious in that the Council had never authorized such funding and had only continued this issue from the November 4^th meeting. A number of residents then spoke in criticism of the Library Board of Trustees for making residents wait three hours while the Trustees held an Executive Session, and then prevented any resident from speaking in the public session of the meeting. Resident Manny Mello said that “it was a shame the way we were treated” and Resident Maggie Bulmer said “If we appoint members and there is no accountability, where is the justice?” President Roderiques indicated that he would have something to say on this matter in a later agenda item.

Library Board Member Resigns

The Council received Beverley Murphy’s letter of resignation from the Library Board of Trustees, prompting additional comments about the Library and the 3-hour meeting that frustrated many residents. Resident Paul LaMond urged the Council that appointees to the Library Board of Trustees “should at least hold a library card”, apparently a reference to Councilman Edward Silveira Jr., Council liaison to the Library, as Councilman Silveira said he got his Library card a week after his appointment. Resident Antone Viveiros urged the Council when appointing people to Boards and Commissions to “get people without a personal or political agenda” thus alluding to the “current state of turmoil” as described by Councilman Sylvia. President Roderiques then read a statement in which he said that the lack of civility and common courtesy exhibited by the Library Board of Trustees reflects badly upon the Council since it is the Council that appoints the Trustees. President Roderiques then asked all members of the Board of Trustees to voluntarily tender their resignations so that the Council can readvertise and appoint new members. This motion to seek voluntarily resignations was passed on a 6-1 vote with Councilman Silveira opposed – this opposition vote by Councilman Silveira received significant snickering from the audience. Editor’s Note: The Library Board of Trustees, by state law, is an independent board and members cannot be terminated and/or replaced by the Council without their voluntary resignations.

Appointments

The Council unanimously made the following appointments:

• Frank Bozyan – Tax Assessment Review Board
• Eileen Hadfield – Open Space & Fields Committee
• Cheryl Boergesson – Open Space & Fields Committee
• Don Mallinson – Wind Turbine Committee

Editor’s Note: The Democratic Town Committee had nominated for the Tax Assessment Review Board, John H. West, whom the Council (with a Democrat majority) failed to appoint.

Appointment of Council representatives to Boards and Commissions

The Council set upon appointing its members to various boards and commission (see below) from a list provided by the Clerk. The absence of the Library Board of Trustees from this list was an “inadvertent omission” said Clerk Nash. It became obvious that Councilman Silveira was an outcast since he was eliminated from any consideration except for the School SPARK Team for which Councilwoman Santos nominated him and he responded “What is that and what does it do?” Councilman DiPalma was also slighted by being removed from the Open Space and Fields Committee and the School Building Committee and being replaced there by Councilwoman Mello. Councilman DiPalma, however, was left on the Technology Committee and the West Side Master Plan Task Force. More animosity arose as the Library Board of Trustees liaison appointment occurred, and Councilman Silveira was replaced by Councilwoman Barbara Barrow. Councilman Silveira appeared to defend his recent actions at the Library saying that there are only two Democrats on the Board of Trustees, thereby implying that the Trustees were non-political. Furthermore, Councilman Silveira said that as the Council liaison, he had reported back to the Council the actions of the Library Board of Trustees, whereupon President Roderiques stated “for the record, I never received any report (from you) about the Library.” Editor’s Note: Apparently, the rift and dissention in the Council is within the Democrat Party and this Council now has a majority composed of 3 Democrats and 2 Republicans with Councilman DiPalma and Councilman Silveira being in the minority.

The Council representatives on the various boards and commissions are as follows:

• Beach Commission - President Roderiques and Councilwoman Santos
• Charter Review Commission - Councilwoman Mello
• Coastal Resources Management Council - Councilwoman Barrow
• Convention and Visitors Bureau - Councilwoman Mello
• Demery Memorial Park Committee - President Roderiques
• Economic Advisory Committee - Councilman Sylvia
• Financial Planning Committee - President Roderiques
• Hall of Fame - Councilwoman Santos
• New Visions - Councilwoman Barrow
• Open Space & Fields Committee - Councilwoman Mello
• Pension Trust Fund Investment Committee- Councilman Sylvia
• Potter League Board of Directors - Councilwoman Santos
• Road/Utilities Advisory Committee - President Roderiques
• School Building Committee - Councilwoman Mello
• School SPARK Team – VACANT
• Sister Cities Committee - Councilwoman Santos
• Technology Committee - Councilman DiPalma
• Transfer Station - President Roderiques, Councilwoman Santos, Councilman Sylvia
• Veterans Memorial Committee - Councilwoman Santos
• West Side Master Plan Task Force - Councilman DiPalma
• Town Administrator Evaluation Sub-Committee - President Roderiques, Councilwoman Santos, Councilman Sylvia
• Library Board of Trustees - Councilwoman Barrow

PUBLIC FORUM SESSION

Six people requested to address the Council during the public forum session, all desiring to speak on the Library problem and the forced resignation of Library Director Robert Balliot

Jean McCormick rhetorically asked “Who would apply for the new Library Director position unless they are desperate and we don’t want someone who is desperate.”

Carol Cummings asked “What kind of gesture can we make to get the old Director (Mr. Balliot) to reconsider (his resignation)?”

Elizabeth Bozyan thanked the Council for requesting the resignations of the Library Board of Trustees.

The Council adjourned at 9:25pm.

DECEMBER 18, 2006 MIDDLETOWN TOWN COUNCIL MEETING

Prior to the regular meeting, the Council held an Executive Session in a room other than the Council Chambers. The Council, wearing Middletown High football jerseys, concluded the Executive Session and returned to the Council Chambers at 7:11pm. President Paul Roderiques called the meeting to order at 7:13pm. Councilwoman Barbara Barrow was absent. Editor’s Note: Time is quoted from the wall clock. The wall clock continues to be 2-3 minutes slow.

Executive Session

The first business conducted by the Council was to reconvene from the Executive Session meeting and to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matters of “(1) personnel (Town Administrator); (a) (2) potential litigation (Library).”

Acting as a Board of License Commission

The Council unanimously granted the transfer of County Liquor Mart Retailer’s Class A Alcoholic Beverage License to MEGLAN, LLC, dba County Liquor Mart, for use at the same premises.

Ten-item Consent Calendar

The consent calendar was adopted unanimously with President Roderiques asking a short question on item #5. In answer to the question, Town Administrator Gerry Kempen’s indicated that the rate that Middletown charges to insurance companies for Rescue Wagon use are set at Medicare maximum limits.

Commendation for Middletown High School Football Team

President Paul Roderiques read a Council resolution praising the efforts of the Middletown High School Varsity Football Team which won the Division IV Super Bowl. The team was led by Head Coach Andrew Leys, Assistant Coaches Steve Ponte, Art Bell, Andrew Bulk, Dustin Almeida, Ryan McCormack, and Alex Fernandez and Captains Maxwell Whitney, Kyle Bell, Christopher Foss, Tom McCarthy and Brad Humes. The players were asked to stand, and they received loud applause from the audience. President Roderiques presented each coach with a Town tile.

Birchwood Drainage Project

Town Administrator Gerry Kempen gave the monthly update report on the Birchwood drainage project, indicating that additional testing is ongoing and a final plan and cost estimate should be available in January. The current cost estimate for the entire project is $1.25M; however, this may increase by another million dollars if shoring of the ledge is required. Resident Art Benner again reminded the Council that Phase I of the project has not yet been completed and asked if a status of the completion date for Phase I could be given in next month’s update. Resident Manny Mello again criticized the project as a “big waste of Town’s money” indicating that a pump and forced-main could do the job. Administrator Kempen responded that a pump would be too expensive and too large (four times the size of the Wave Avenue pump station) for the relatively few times it would be used.

Slate Hill Farm Assessments

With no documentation attached, the subject of Slate Hill Farm sewer and water assessments was again on the agenda for Council consideration. Three residents again spoke in favor of changing the assessment method to a per-lot, rather than a per-foot, assessment. However, the consensus of the Council was to not change the assessment method in the middle of a project, with President Roderiques stating that “it would not be fair to change in midstream.” Councilman Louis DiPalma was the only Council member in support of change and stated that “if ever there was a time to set a precedent, now is the time” and indicated that a cost per-lot is used in other areas of the country. Councilwoman M. Theresa Santos indicated the difficulty of this decision by stating that it is a “damned if you do and damned if you don’t (issue).” In the end, the Council voted to maintain the per-foot assessment method on a 6-1 vote with Councilman DiPalma opposed. The Solicitor was directed to research whether a grandfather clause could be established for $300 sewer connection fees for Slate Hill Farm rather than the current $1000 sewer connection fee. The Council urged individual homeowners with excessive assessment charges to apply to the Council for relief as provided by State law. Editor’s Note: The cost of any relief granted by the Council will be borne by all sewer users.

Transfer Station

Councilman Robert Sylvia asked that a meeting be established with our Congressional delegation to explore the possibility of continued use of the current transfer station site. In an attempt to repair the damaged relationship with the Navy, Councilman DiPalma suggested that the Navy be invited to the meeting as well. Resident Antone Viveiros argued against using political persuasion, indicating that it might further upset the Navy. Administrator Kempen will send the letter and establish a meeting date.

On another transfer station issue, Councilwoman Santos indicated that Administrator Kempen has determined that it would cost $2860 per month to open the transfer station on Wednesdays. Stating that the cost was too much, Councilwoman Santos then suggested the possibility of remaining open an additional hour each day. Administrator Kempen was directed to examine any and all possibilities for extending hours-of-operation to alleviate the traffic jam that occurs on Saturdays, and report to the Council the cost of each solution.

Executive Session re Library Board

Councilman Edward Silveira Jr. requested that the minutes of the October 16, 2006 Executive Session be unsealed to shed light upon the issue of whether the Council has been kept informed by its liaison (Councilman Silveira) of Library matters. The matter was referred to the Town Solicitor to determine the legality and propriety of unsealing these minutes.

Charter Review Commission

With no documentation attached to the agenda, Councilwoman Shirley Mello introduced the issue of establishing a Charter Review Commission with nine appointed members. Councilman Silveira suggested that the Commission should be an elected body with the power to place items directly on an election ballot rather than having an appointed body that would make suggestions to the Council. Resident Antone Viveiros then quoted various sections of the Constitution indicating that the Commission MUST be elected; an appointed Commission would therefore be “unconstitutional.” The Town Solicitor was directed to review this issue and report to the Council at the next meeting.

Appointments

The Council unanimously made the following appointments:

• Barbara A. Vonvillas – Personnel Board
• Alan Kirby – Tree Warden
• Peter B. Regan – Alternate Probate Court Judge
• Michael W. Miller – Alternate Municipal Court Judge

Rules of the Council

The Council unanimously adopted the same Rules of the Council that had been in place (last amended December 6, 2004).

Town Property to be Properly Zoned

The Council ordered advertised for Public Hearing zoning reclassification of Town properties to conform to proper zoning.

RIPEC Funding

In a letter, Charles Shoemaker requested $4166.67 from each Aquidneck Island Council and School Committee to fund a RIPEC study of school and municipal expenditures “so that each of the communities can reduce its expenses and live under the 4% cap.” Since the School Committee has not yet acted upon this matter, the Council continued this issue to the next meeting.

Antone Viveiros Proposal

In response to the recent problems at the Library, Antone Viveiros proposed a Town ordinance that would prohibit any Middletown Board/Commission member being an active member of the Republican or Democrat Town Committees. Mr. Viveiros suggested that once an individual is appointed to a Middletown Board, that individual should resign from the political Town Committee within 30 days. Mr. Viveiros said “what has happened at the Library is not in the best interest of the Town.” The Democrats on the Council did not find Mr. Viveiros’s proposal suitable with Councilwoman Mello stating “your proposal I find insulting, implying that we serve two masters.” Councilwoman Santos suggested a possible compromise: that the prohibition should apply only to officers of political Town Committees; however, the Council took no action to enact any prohibition.

Addendum Number One

With no attached documentation, a last minute addendum to the agenda was received and acted upon by the Council. The Council unanimously authorized a sole-source $519,000 contract for architectural and engineering services for the new Police Station on Valley Road.

Addendum Number Two

With no attached documentation, a last minute addendum to the agenda was received and acted upon by the Council. The Council unanimously approved budget transfers “to correct Administrative oversights.” Editor’s Note: President Roderiques did question the pressing need to accomplish this now rather than at the next meeting; however, no one questioned the need for the immediacy of the previous addendum item.

PUBLIC FORUM SESSION

No one requested to address the Council during the public forum session.

The Council adjourned at 9:18 pm.

SEE NEW EDITORIAL 12/19/06

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