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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 19th 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 30th 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 14th 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.