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JANUARY 2, 2007
President Paul Roderiques called the meeting to order at 6:59pm. All Council members were present. Councilwoman M. Theresa Santos asked for a moment of silence for ex-Councilman Michael DeCotis. Editor’s Note: Time is quoted from the wall clock. The wall clock continues to be 3 minutes slow.
Four items on the consent calendar received additional comment:
Commendation for Brigadier General Michael T. Flynn
President Paul Roderiques read a Council resolution praising
former
Commendation for Colleen Karpovitz
President Paul Roderiques read a Council resolution praising Colleen Karpovitz for her fifteen years of volunteer work with the Red Cross. President Roderiques also gave her a Town Tile.
Red Cross Presentation
John E. Holt, Chief Executive Officer American Red Cross
Rhode Island Chapter, gave a short presentation describing the work of the Red
Cross. In his presentation, Mr. Holt
indicated that he is attempting to upgrade the existing office on
Town Clerk Barbara Nash Receives Award
President Roderiques read an award from the Rhode Island Society of Professional Land Surveyors (RISPLS) indicating that Clerk Nash has been selected as RISPLS 2006 Town Clerk of the Year. Councilwoman Shirley Mello presented Clerk Nash with a bouquet of flowers. President Roderiques presented Clerk Nash with a suitably engraved plaque and “a small token of our appreciation.”
Football Team Gets $500
At the last meeting, the Council presented the Middletown High School Varsity Football Team a proclamation praising their accomplishment of winning the Division IV Super Bowl. Coach Andrew Leys told the Council that the team now was attempting to purchase championship rings for each player ($5000 total cost) and was soliciting donations toward that end. The Council unanimously voted to donate $500 from the President’s discretionary fund.
Consultant for Economic Development Strategy
The Council unanimously awarded a $30,000 contract to Mayforth Group, LLC,
FEMA Grants
Town Planner Ron Wolanski sought Council permission to
submit applications for two FEMA FY2007 Pre-Disaster Mitigation Grants, each
grant requiring a 25% match from the Town.
The first grant, at approximately $1 million, would be used to raise the
Slate Hill Farm Sewer Connection Fees
Responding to an earlier Council request, Solicitor Holbrook gave the Council a written opinion that the Slate Hill Farm project would NOT be eligible for the older $350 sewer connection fee but instead must pay the $1000 connection fee as established by the 2002 ordinance. Residents Antone Viveiros, Jay Manning, and Manny Mello all argued that the $350 fee should apply since Slate Hill Farm is an established neighborhood and the $1000 fee was created for new developments. This matter was continued until the next meeting.
Council Wants to Take Action Against
Library Board
In response to the furor over the recent firing of Library Director Robert Balliot and the refusal of the Library Board of Trustees to resign voluntarily per Council request, Councilman Robert Sylvia made a motion that the Solicitor identify “a mean, or means, by which the courts of Rhode Island will enjoin the Board of Trustees, from acting in their capacities as trustees, and to identify measures under appropriate law that will permit this body (Town Council) to summarily dismiss the entire board, pending individual reevaluation of each dismissed member.” This motion passed on a 5-2 vote with Councilmen DiPalma and Silveira opposed. Councilman DiPalma feared opening a Pandora’s Box whereby future Councils might dismiss Zoning Board and Planning Board members if the Council did not like decisions that these Boards had rendered. Resident Antone Viveiros, supporting the motion and believing in checks and balances, said that “no board should have total autonomy.”
Executive Session Minutes to be Unsealed
In response to Councilman Silveira’s request to unseal the minutes of the October 16, 2006 Executive Session; Solicitor Holbrook indicated that all potential litigation issues have been resolved and the Council is free to unseal these minutes if it so chooses. The Council unanimously voted to unseal these minutes and to make them available at the February 5 Council meeting. During discussion on this issue, a heated exchange occurred between President Roderiques and Councilman Silveira. Councilman Silveira contended that the minutes will show that the Council was made aware of the “Library problem” which President Roderiques has denied the Council’s knowing anything about. President Roderiques said that the minutes will not vindicate Councilman Silveira since the issue discussed in Executive Session was only funding for legal services and did not discuss the “Library problem.” When pressed by other Council members as to why they were not apprised of the Library situation by the Council liaison to the Library Board (namely Councilman Silveira), Councilman Silveira said that “it was a personnel matter and would have been illegal for me to discuss it.” Resident Art Benner said that Library Director Robert Balliot had been employed for nine years and for nine years there were no problems but suddenly this past September there was a problem! Mr. Benner then accused the “gentleman on the end” of the Council dais as being the problem, pointing to Councilman Silveira.
Charter Review Commission
In response to the Council request at the last meeting, Solicitor Holbrook reported that the authority for amending the Town Charter rests solely with the Town Council and, if it so chooses, it may appoint a Charter Review Commission to make recommendations for Charter amendments. The Charter Review Commission may be appointed by the Council and need not be elected by the general public - this matter has been settled with case law. Councilwoman Shirley Mello then made a motion to create a 7-member Charter Review Advisory Committee; however, at the suggestion of Councilman DiPalma, the motion was amended to require a 9-member Committee. The motion was approved by a 6-1 vote with Councilman Silveira opposed.
Appointments
The Council unanimously made the following appointments:
No one requested to address the Council during the public forum session.
The Council adjourned at 8:53 pm.
JANUARY 16, 2007
President Paul Roderiques called the meeting to order at 7:01pm. Councilwoman Shirley Mello and Councilman Edward Silveira Jr. were absent. Editor’s Note: Time is quoted from the wall clock. The wall clock continues to be 3 minutes slow.
Liquor License Upgrade
Acting as a Board of License Commission, the Council
unanimously ordered advertised for Public Hearing a new BV Alcoholic Beverage
License for Flo’s Clam Shack,
The consent calendar was adopted unanimously without comment.
Police Ceremonies
Four new police officers were presented as Police Chief Anthony Pesare read a short biography of each, Town Clerk Barbara Nash administered the swearing-in oath to all, and a family member pinned the badge on each officer. These new officers are: Timothy E. Beck, Eric R. Jennings, Christopher J. Rosa, and David L. Zannelli. The ceremonies concluded with a salute between the officers and Police Chief Pesare. President Roderiques then declared a two-minute recess to allow those wishing to leave to vacate the chambers. Editor’s Note: New to these ceremonies was the introduction of each family member and the sequential, rather than simultaneous, pinning-on of badges.
Birchwood Manor Drainage Project
Consultants from the Louis Berger Group made a slide
presentation describing the conceptual design plans for the Phase III Birchwood
Manor drainage project. The estimated
cost for the completion of this project is $1,995,720. Resident Manny Mello again spoke in
opposition to this project indicating that it is a “waste of money” since there
have been only two floods in thirty-three years and, in any event, the Navy
will never allow this storm water to be dumped onto Navy property. President Roderiques was skeptical about the
finances since the
Objection to 2007 Assigned Date for Camp-O-Rama
Paula Bradley, Chairperson 2007 Beach Camp-O-Rama,
complained to the Council about the date for this event that the Beach
Commission had assigned, namely the last weekend in September. Telling the Council that this date conflicts
with other camper events and would significantly reduce the attendance at the
John A. Marshall Appointed to Roads and Utilities Committee
The Council received a letter from Robert Reed, President
J.A.M. Construction, indicating that John A. Marshall, Sr. had applied for
membership on the Roads and Utilities Committee but was denied because there
were no vacancies. Mr. Reed explained
that with Mr. Marshall’s “experience and knowledge that he could be very
instrumental and an asset, not only to this committee, but to the Town of
Slate Hill Farm Sewer Connection Fees
After further reviewing the history of the Slate Hill Farm sewer construction project, Town Solicitor Francis Holbrook has not changed his opinion that the Slate Hill Farm residents would NOT be eligible for the older $350 sewer connection fee but instead must pay the $1000 connection fee as established by the 2002 ordinance. Resident Jay Manning was “disappointed” with this opinion indicating that the situation is “not fair.” President Roderiques, while sympathizing with the plight of the Slate Hill Farm residents, stated that “timing is everything” and “the law is the law.” However, during the discussion of this issue, Councilman Louis DiPalma noted that the attached documentation cites five instances where the $350 connection fee was collected in the year 2005, well after the time when the new ordinance was to have taken effect. When no one could give a reasonable explanation for these discrepancies, it was decided to continue this matter to the next meeting where it is hoped that the issue finally will be resolved.
Town Finances in Great Shape
Finance Director Shawn Brown presented a summary of the recently concluded Fiscal Year 2006 Audit. Of significant note was the $7.8 million undesignated fund balance in the General Fund and the growing fund balance in the Parks & Recreation Budget. Additionally, the recently established regionalization of medical insurance has shown a $300,000 savings to the Town and will likely exhibit more savings in the future. Town Administrator Gerry Kempen said that this was the “best Audit report I have ever seen” and President Roderiques reminded everyone that “in 1999 the Town was barely making payroll” and had no surplus funds at that time.
The Council unanimously granted an easement to the
Narragansett Electric Company covering the installation of facilities to
provide electric service to the
Upon the recommendation of Administrator Kempen, the Council
unanimously voted to share equally the $11,500 cost with
Crosswalk at
Since this issue was initiated by Councilwoman Mello and she was not in attendance this evening, the matter was continued to the next meeting.
Petition for New Town Charter Denied
Last summer Antone Viveiros had submitted a petition seeking a new Town Charter but had withdrawn the petition so as to not cause a Special Election which would have created three elections in the fall of 2006. At the time, Mr. Viveiros said that he would resubmit the petition in February 2007 which would result in a single Special Election in the spring of 2007. Mr. Viveiros had submitted the petition but it was not on the Council agenda because it was returned to Mr. Viveiros by Solicitor Holbrook with the statement that the petition process “is not the proper procedure” for amending or modifying the Home Rule Charter. Mr. Viveiros disagrees strenuously with Solicitor Holbrook on this matter but may have no recourse other that taking the issue to court. Editor’s Note: see Middletown Newsletters 7/27/06 and 8/7/06.
Sign Ordinance Revisited
Councilwoman Barbara Barrow explained the status of the new sign ordinance that had its first reading on October 30, 2006 and had been forwarded to the ZORC subcommittee and Planning Board for further review. Councilwoman Barrow indicated that the ordinance, apparently forgotten, will be reviewed and returned to the Council in March.
Council Meetings
The Council established dates and times for the following two meetings:
PUBLIC FORUM SESSION
No one requested to address the Council during the public forum session.
The Council adjourned at 9:09pm.
FEBRUARY 5, 2007
With the Executive Session completed, President Paul Roderiques was ready to call the meeting to order at 7:00pm; however, Councilwoman M. Theresa Santos had to be called to the dais since she was in the audience talking with a resident. President Paul Roderiques called the meeting to order at 7:01pm. Councilman Robert Sylvia was absent. Editor’s Note: The wall clock has been set to the correct time!
Executive Session
The first business conducted by the Council was an unanimous vote 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 (Police Retirees.)”
Liquor License
Acting as a Board of License Commission, the Council
unanimously ordered advertised Public Hearings for (1) a new BL Alcoholic
Beverage License for Papa Gino’s,
One item on the consent calendar received additional
comment. Councilman Louis DiPalma asked
Town Administrator Gerry Kempen to elaborate on the financial report for the
Governmental Health Group of
Licenses for Tim Horton
The Council unanimously granted a Victualling House License
to The Perfect Blend (Tim Horton’s),
Slate Hill Farm Sewer Connection Fees
The matter of sewer connection fees for Slate Hill Farm again appeared on the Council docket for the final time. Four residents spoke, with Manny Mello arguing against these impact fee assessments for any established neighborhood and Ronald Santa reminding the Council that Slate Hill Farm had been polled as to whether they wanted the sewer installation (a majority responded affirmatively) whereas the Turner Road residents had never been asked if they wanted sewer installation (the previous Council unilaterally authorized the project). Town Solicitor Francis Holbrook had not changed his opinion that the Slate Hill Farm project would NOT be eligible for the older $350 sewer connection fee but instead must pay the $1000 connection fee as established by the 2002 ordinance. While all of the Council members expressed sympathy for the plight of Slate Hill Farm residents, only Councilman Silveira wanted to amend the ordinance to provide relief. A motion to leave the ordinance as is was approved on a 5-1 vote with Councilman Silveira opposed. Administrator Kempen explained that due to a clerical error, there have been fourteen instances in the past four years where the $350 fee was applied instead of the $1000 fee as established by the 2002 ordinance. President Roderiques and Councilwoman Shirley Mello both suggested that these fourteen establishments should be billed for the additional $650; however, no motion was made to that effect and it is unclear whether the Administration will initiate any such bills.
Crosswalk at
Stating that the intersection may be too wide for a
crosswalk to improve safety, Councilwoman Mello asked Administrator Kempen to
explain his suggestion for the improvement of the
Campground and Mooring Fee Increases
Recreation Director Tim Shaw presented the Council with a proposal to increase Campground fees by 5 percent amounting to an increase of $8.40 per week per camper. The increased revenues (approximately $6000) would “help with updating infrastructure, safety, quality of life, and aesthetic issues at our beautiful 2nd Beach Campground.” Recreation Director Shaw also proposed increasing the 3rd Beach Harbor Mooring fees to “place us more in line with other waterfront communities throughout the state.” Both of these fee increases require an ordinance and Town Solicitor Francis Holbrook was tasked to prepare these ordinances for Council consideration at the next meeting.
Arsenic Levels in Soil
The Council unanimously passed a resolution asking the
General Assembly to raise the maximum allowable concentration of arsenic in
soil from 7 parts per million (ppm) to 15 ppm. This action
could save the Town over $2 million by avoiding the mitigation of arsenic in
The Valley. Administrator Kempen cited
the Home Depot situation where a contractor removed the top soil (with its
arsenic contamination by RI standards) and sold it as “clean fill” in
Revenues from Naval Housing to be Restricted Funds
At the urging of Administrator Kempen, the Council unanimously voted to create a special account to deposit the funds collected from the Municipal Services Agreement with Northeast Housing in the amount of over $900,000 per year. President Roderiques was hesitant to restrict these funds since this would inhibit the use of these funds; however, Administrator Kempen was reluctant to allow these funds to become simply revenue in the General Fund thereby increasing the surplus.
The Council received and forwarded to RIDOT a letter from J.
Clement Cicilline,
Planning Board Appointments
With four nominees to fill three vacancies, the vote was taken in the order that the names were placed in nomination and the following people were appointed to the Planning Board:
Since the three vacancies were filled, there was no vote taken on Dan Withers who had been nominated by Councilman Silveira.
The Council received a letter from Town Planner Ron Wolanski indicating that the Planning Board had appointed the following personnel to the Aquidneck Island Planning Commission:
With Administrator Kempen explaining that since the Substance Abuse Task Force had recently been reconstituted, a Council representative needs to be appointed. President Roderiques asked if there were any Council members who wanted to volunteer, and after a pregnant pause, Councilman Silveira indicated he would be willing to serve in that capacity. Immediately, Councilwoman Santos nominated Councilwoman Barbara Barrow for the appointment creating another pregnant pause, after which, Councilwoman Barrow bowed out of the nomination, resulting in the appointment of Councilman Silveira. Editor’s Note: as a result of the Library “problem” this Council has prevented Councilman Silveira from serving on any board until now. Perhaps the Council considers this board to be irrelevant OR that Councilman Silveira can do no harm in this position!
Technology Advisory Committee Resignation
The Council received an email notification that Kevin O’Halloran has resigned from the Technology Advisory Committee due to work-related travel commitments. The Council ordered an advertisement seeking a replacement.
Council Meetings
The Council established dates and times for the following meetings:
One resident addressed the Council during the public forum session:
Ronald Santa asked for the status of the Town’s lawsuit against Dicon and its insurance company relative to the Turner Road Project. Mr. Santa wanted to know if it is still active and who is representing the Town, ex-solicitor Vernon Gorton or the current Town Solicitor Francis Holbrook. Solicitor Holbrook stated that the files have been turned over to him and that he was representing the Town. President Roderiques asked the Solicitor to provide a status update of the lawsuit in a subsequent meeting.
The Council adjourned at 8:35pm.
FEBRUARY 26, 2007
Prior to the regular meeting, the Council listened to a presentation from the Newport County Convention & Visitors Bureau. This presentation ended at 7:00pm. The Council then called a recess to allow the chambers to clear, and President Paul Roderiques called the regular meeting to order at 7:10pm. Councilwoman Shirley Mello was absent.
Liquor License
Acting as a Board of License Commission, the Council
unanimously granted a BV Alcoholic Beverage License to Flo’s
Clam Shack,
Several items on the consent calendar received additional comment.
Community Development Block Grant (CDBG) Hearing
The first of two Public Hearings for the Community
Development Block Grant application was held. Steve Osterguy, Church Community
Housing, explained the federally funded program for the Low-Moderate Income
population and sought Council approval for programs supported by his
organization. Representatives from East
Bay Community Action and the Boys and Girls Club also sought Council
support.
Campground Fee Increases
The Council received on its first reading an ordinance increasing the fee structure for use of the Campground. The ordinance likely will be adopted on its second reading at the next Council meeting.
Street Sign Contract Approved
The Council unanimously approved a $30,000 contract to Perma-Line Corporation,
The Council unanimously approved a $14,250 contract to
Aquidneck Construction,
Memorial Boulevard Force Main Project
Councilman Silveira asked for an update on the Memorial Boulevard Force Main project and Town Engineer Warren Hall responded. Engineer Hall said that the project is “a couple of weeks behind schedule” due to weather and other factors, but the project is proceeding. A second crew has not been brought on-board yet due to a problem dealing with the potential relocation of gas lines. The Council cautioned against not completing this project on-time since DEM’s fines might exceed any overtime needed to complete the project. The Administration agreed to provide the Council with weekly updates on the project progress.
Transfer Station Feud
Five Council members met with Congressman Patrick Kennedy and Senator Jack Reed last Friday to discuss the possibility of delaying/overturning the Navy decision forcing the closure of the Transfer Station. Three Council members sought to overturn the Navy decision and two Council members were opposed to this reversal thereby creating an embarrassing display of a non-unified front to the Congressional delegation. Hard feelings exist between Council members on this issue and various barbs and taunts were thrust back and forth between Councilmen DiPalma and Silveira on one side (abandoning transfer station) and President Roderiques and Councilman Sylvia on the other (retaining transfer station). Residents Art Benner and Elizabeth Bozyan argued in favor of retaining the transfer station and Antone Viveiros pressed the Council to make an early decision in order to proceed with the curb-side pickup program that will be used in lieu of a transfer station.
Appointments
The Council unanimously made the following appointments:
The Council accepted the resignation of Charles J. DiTucci from the Demery Memorial Park Committee and ordered that a letter of thanks for his work be sent to him.
Project Funds
In a letter to the Council, Town Administrator Gerry Kempen explained that funds do not exist to complete both the Birchwood Manor Drainage Project and the Evergreen Park Sewer/Drainage Project. Administrator Kempen recommends using what monies remain for the Evergreen Park Project since that use will serve more residents. With the Council not feeling well right about leaving the Birchwood Manor residents without a final solution, Councilman Robert Sylvia moved to proceed with the Evergreen Project and stated that “I wish we could leave Birchwood high and dry.” The vote to move ahead with the Evergreen Project was 5-2 with Councilmen DiPalma and Silveira opposed. In answer to a question whether the Birchwood Project is dead, the Council indicated negatively; however, a much cheaper solution is needed.
No one requested to address the Council during the public forum session.
The Council adjourned at 8:58pm.
CORRECTION
In the previous newsletter, it was mistakenly reported that David J. Lawrence was reappointed to the Planning Board. In fact, Betty Jane Northup-Owen was appointed in his place on a 5-0 vote with Councilman Silveira not voting.
MARCH 5, 2007
Since President Paul Roderiques and Vice Chairwoman Shirley Mello were both absent, Town Clerk Barbara Nash called the meeting to order at 7:02pm and instructed the Council that a temporary Chairman had to be elected to run the meeting. Councilwoman M. Theresa Santos nominated Councilman Robert Sylvia to be Chairman Pro Tem and he was elected unanimously. A quorum barely was attained since Councilman Edward Silveira Jr. was also absent. Editor’s Note: I have been attending Town Council meetings since 1971 and this is the first time I have observed the absence of both the President and Vice Chairman, necessitating the election of a Chairman Pro Tem.
Liquor Licenses
Acting as a Board of License Commission, the Council
unanimously granted a BL Alcoholic Beverage License to Papa Gino’s,
Sports Ticket has enclosed the second floor deck and also intends to have six small tables outside on a ground level porch, necessitating the Council’s approval.
The Consent Calendar was adopted unanimously; however, five of the nine Consent Calendar items were continued to the next meeting. Two items were continued without explanation, and three items were continued because Councilwoman Barbara Barrow recused herself and it was assumed that a quorum did not exist to approve these items. Editor’s Note: As explained in a later item, a quorum did exist even though Councilwoman Barrow recused herself and could not vote on the issue leaving only three Council members to vote.
Additional Operating Hours for Tim Horton’s
The Council unanimously approved an Additional Hours of
Operation (2:00am-6:00am) License for The Perfect Blend (Tim Horton’s),
Town Properties to be Rezoned
The Public Hearing was held for a Zoning Amendment Ordinance
which would change the zoning of numerous Town-owned properties from
residential to Open Space or Public Use.
These changes were recommended by the Planning Board in order to bring
these properties into compliance with the Comprehensive Community Plan. John Woodhouse,
Affordable Housing
Councilman Louis DiPalma asked for an update on affordable
housing in the Town and on the status of reaching the State mandate of
10%. Town Planner Ron Wolanski explained
that
Traffic Safety
At the request of a resident of
Harbor Mooring Fees to Increase
The Council received, on its first reading, an ordinance to increase Harbor mooring fees. Additionally, the Council received, on its first reading, an ordinance to invoke a $10 fee for anyone wishing to be maintained on the waiting list. Both ordinances likely will be adopted on their second readings at the next meeting.
Campground Fee Increases Approved
The Council adopted, on its second reading, an ordinance increasing the fee structure by approximately 5% for use of the Middletown Campground. Increased revenues will be used to improve the facility such as constructing a laundry room and replacing the perimeter fence.
Rescue Wagon Purchase Approved
The Council unanimously approved a $148,696 contract with Yankee Fire and Rescue, Inc., Palmer, MA (sole bidder) for the purchase of a new rescue wagon. Funds for this purchase will come from the Rescue Wagon Special Revenue Account and therefore will be “funded by the users” and not by the general taxpayer.
Borrowing $9,500,000 Approved
The Council unanimously authorized the Finance Director to sell bonds in the amount of $9.5 million. These bonds were approved by the voters in various past elections. The impact of the sale of these bonds will amount to 2% on the tax rate or an increase of 20 cents on the residential tax rate and 27 cents on the commercial tax rate. At this time only $3M of the $10M Police Station bonds are being sold, the remainder will be sold as needed during the construction phase.
Appointments
The Council unanimously reappointed Adeline Rose to the Board of Canvassers. This Board is a bi-partisan board and this appointment was designated as a Republican seat.
No one requested to address the Council during the public forum session.
The Council adjourned at 8:01pm.
MARCH 19, 2007
With all council members in attendance, President Paul Roderiques called the meeting to order at 7:04 pm and blamed himself for the delayed start.
The Consent Calendar was adopted unanimously without comment. Councilwoman Barbara Barrow recused herself from items 11, 12, and 13 without explanation. Councilman Edward Silveira Jr. recused himself from items 11 and 12 without explanation.
With no attached documentation on the agenda, the Council
listened to a number of residents address the need for a second access to
Public Works Proposed Reorganization
The Council received a proposed reorganization of the Public Works Department, detailing an operation manager and four foremen and identifying personnel for each position. Rather than discussing this matter in public, the Council referred this matter to a future Executive Session.
Town Properties Rezoned
The Public Hearing was held for a Zoning Amendment Ordinance which would change the zoning of numerous Town-owned properties from residential to Open Space or Public Use. These changes were recommended by the Planning Board in order to bring these properties into compliance with the Comprehensive Community Plan. Both Town Planner Ron Wolanski and Town Solicitor Francis Holbrook indicated that the amendment was consistent with the Comprehensive Community Plan and did not amount to spot zoning. John Woodhouse and three other residents spoke in opposition to the proposed site of the new Police Station at the “Christmas Tree Farm.” Gail Greenwood inquired whether other open space land is being acquired to compensate for the taking of land for the Police Station. Councilman Louis DiPalma explained that no requirement exists for such compensation; however, the new Police Station is the exact situation which prompted the Council to adopt a new policy requiring such compensation for any future taking of Open Space land for public building construction. The Council unanimously adopted the Zoning Amendment Ordinance on its second reading.
Zoning Ordinances Ordered Advertised for Hearings
Two ordinances recommended by the Planning Board were ordered advertised for Public Hearings. These ordinances address the following issues:
Special Events Permits
The Council received a memorandum from Police Chief Anthony Pesare proposing a new permitting system for special events in the Town and suggesting a $250 fee for such permits. No action was taken by the Council at this time.
Hard Bottom Inflatable Boat Purchased
The Council unanimously awarded a $94,887 contract to Harbor
Supply, LLC,
Harbor Mooring Fees to Increase
The Council unanimously adopted, on its second reading, an ordinance to increase Harbor mooring fees. The Council also unanimously adopted, on its second reading, an ordinance to invoke a $10 fee for anyone wishing to be maintained on the waiting list.
Council Opposes Legislation Reducing NCCVB Funding
Proposed Senate Bill 0413 seeks to change the percentage of distribution of the hotel tax, reducing from 47% to 25% the amount given to the Newport County Convention and Visitors Bureau (NCCVB), and increasing from 25% to 47% the amount given to municipalities. Councilman DiPalma presented the Council (no copies available to the public) four pages of analysis indicating that NCCVB receives sufficient funding to generate a surplus and allow it to give away monies in grants. Councilman DiPalma urged the Council to support Senate Bill 0413. However, Councilwoman Shirley Mello was reluctant to alter NCCVB funding and urged the Council to oppose Senate Bill 0413. Councilman DiPalma then insisted that Councilwoman Mello recuse herself from this issue since, as the Council liaison to the NCCVB, she is a voting member on that board. Councilwoman Mello then recused herself from this issue and the Council, on a 4-1 vote with Councilman DiPalma opposed, passed a resolution in opposition to Senate Bill 0413. Editor’s Note: Councilman Silveira recused himself on this matter because NCCVB has a “direct impact on customers I service.”
Appointment Process to be Reconsidered
At the urging of Councilman Silveira and direction of the Council, Administrator Kempen will inquire as to procedures used by other communities in appointing personnel to various boards and commissions. Resident Daniel Withers spoke in criticism of the current process stating that it is a “discouraging barrier to volunteers” and adding that “if you choose to allow a nomination, then you should at least give a vote (on all nominations).” The current process involves nominations by council members and then a sequential vote on each nominee in the order in which the nominations were made. Once a sufficient number of applicants has been approved, no further voting is conducted. Editor’s Note: The applicant selection procedure has been used (and criticized) for as long as I have been attending Council meetings (1971). It was used, without objection by Councilman Silveira when he was in the majority, and it is ironic that Councilman Silveira feels a need to criticize the process now that he is in the minority!
Island-wide IT Collaboration & Partnership
Councilman DiPalma and Director of Information Technology Matthew Wainwright informed the Council of an effort to create an Island-wide collaborative for Information Technology (IT) and to initiate a pilot program to demonstrate the feasibility of such a partnership. Such a collaborative will begin in April with a “focus on the goals and objectives of the effort, as well as committee membership.”
Charter Review Committee Appointments
With thirteen applicants for the newly established nine-member Charter Review Committee, Councilwoman Mello began the process by nominating nine applicants. Councilman Silveira proposed and Councilman DiPalma supported the notion that all thirteen applicants should be appointed; however, President Roderiques reminded the Council of its stated policy that boards and commissions work best with seven members, plus or minus two. Stating that “you never get in trouble if you remain consistent”, President Roderiques began the voting on the proposed applicants. With one exception all votes were unanimous – the exception being that Councilman Robert Sylvia did not vote for William R. O’Connell. The appointees are as follows:
No one requested to address the Council during the public forum session.
The Council adjourned at 10:04pm.
APRIL 2, 2007
President Paul Roderiques called the meeting to order at 7:20pm. All Council members were present. Editor’s Note: Time is quoted from the wall clock. The wall clock has returned to being 2 minutes slow.
Executive Session
The first business conducted by the Council was a unanimous vote 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, Town Hall).”
Liquor License Transfer
Acting as a Board of License Commission, the Council
unanimously ordered advertised for Public Hearing the transfer of a BV
Alcoholic Beverage License for Chili’s Grill and Bar,
The Consent Calendar was adopted unanimously without comment. Councilwoman Barbara Barrow recused herself from item 13 without explanation. Councilman Edward Silveira Jr. recused himself from items 11 and 13 citing a “possible business conflict.”
Police Ceremonies
Police Chief Anthony Pesare announced the retirement and
read a short biography of Lieutenant Joseph M. O’Toole. President Roderiques presented Lt. O’Toole a
plaque. Lt. O’Toole then read a two-page
speech thanking everyone in the Town.
Lt. O’Toole concluded with a final salute to Chief Pesare and received a
formal dismissal from service from Chief Pesare. Chief Pesare then announced Major Terry W.
Hazel’s graduation from the
Drain Layer’s License
The Council unanimously granted a new Drain Layer’s License
to Chris Fonseca,
New Entrance for Aquidneck Corporate Park
Robert Silva, Chairman Economic Advisory Committee,
explained the use of a $100,000 Federal grant to improve the aesthetics of the
Project Updates
Town Administrator Gerry Kempen provided updates on three projects: Force Main, Green End/Paradise/Berkeley Avenues, and Commodore Perry Village/Bailey Brook.
Force
Green End/Berkeley/Paradise Intersection – Estimates to construct a roundabout at this intersection are $125,000 - $300,000. Reducing the size of the intersection by removing asphalt and planting grass would cost $35,000. The Council was not willing to expend the money for either of these solutions and also rejected the concept of a 4-way stop intersection. In the end, the Council directed the Administration to install crosswalks at the intersection and to increase police surveillance there.
Bailey’s Brook – DEM seems to be
willing to allow an insignificant alteration to Bailey’s Brook for the
hand-cleaning (no mechanical equipment) of the brook in an attempt to increase
its flow and decrease the flooding in the surrounding area. It is expected that it will take 3-5 years to
clean the entire brook, with the first year’s effort occurring in the area
between the bridge behind BJ’s to
On the agenda was a $29,700 contract for construction
management for
Upon the recommendation of Recreation Director Timothy Shaw,
the Council unanimously awarded a three-year food concession contract to Second
Beach Partners, Inc.,
The Council unanimously awarded a three-year mobile food concession contract to Longade, LLC in the amount of an annual $1000 (sole bidder). There was a minor discussion regarding there being only one bidder for the contract and the safety issue of this company’s vehicles as discussed last year; however, no objection was made to the award of the contract. Councilman Silveira recused himself from this matter citing a “possible business conflict.”
Transfer Station
The Council received a copy of a letter from Captain T. W. Malloy to Senator Jack Reed indicating the Navy’s intention not to enter a long term lease for the transfer station property “or any other Navy property for such purpose.” Councilwoman M. Theresa Santos then cited a rumor going around Town that GMHC will use the transfer station site for its refuse transfer and “that is why we have to leave.” Administrator Kempen will inquire in writing to the Navy as to whether this rumor is true.
Curbside Pickup Program
On the agenda was a ¾” thick document describing three proposed RFP’s for the curbside pickup program to be used in replacement of the transfer station. Stating that there were many questions remaining on this program and that he himself had generated thirteen questions from reading the proposed RFP’s, President Roderiques asked that this matter be continued and addressed in a special meeting. A date for this special meeting subsequently was set as April 17 at 6:00pm.
Menhaden Legislation Reviewed
Paul Bennett, a local lobster fisherman, asked the Council
to oppose H-5165, H-5713, and S-0311 legislation which further regulate and
restrict Menhaden fishing in
Police Parade
The annual Aquidneck Island National Police Parade will be
held on Sunday, May 6, 2007, beginning in front of the Hampton Inn and Suites,
Fiscal Year 2007-2008 Budgets
The Council received from Administrator Kempen the proposed budgets for fiscal year 2007-2008. Administrator Kempen explained that the budgets are within the mandated State cap of 5.25%, projecting an approximate 5% increase for taxpayers. The residential tax rate is proposed to increase from $10.60 to $11.13 while the commercial tax rate is proposed to increase from $14.10 to $14.82. The sewer user rate, however, is proposed to increase 40% due to the significant capital improvement projects that have been made and are projected to be made. While operating costs for all Town departments have declined, the increase in taxes is necessitated by an increase in debt-service the Town has occurred (bonds approved by voters in previous years.)
Entry Level Employment Residency Points
In 2005 the Council reduced, from 10 to 5, the points
awarded a
Appointment Process
As per the Council request of last meeting, Administrator Kempen submitted a report describing how other communities select volunteers for boards and commissions. Most of these communities use an interview process, and some of these communities have subcommittees doing the interviews and making recommendations to the Council. Councilman Silveira made a motion to establish some sort of policy for selection and supported the concept of an interview process by a subcommittee. After considerable wrangling about the time and effort of interviews and the nature of a subcommittee, a vote was taken and the motion was defeated by a vote of 2-5 with only Councilmen DiPalma and Silveira in favor.
Appointments
The Council unanimously made the following appointments:
President Roderiques and Councilman Silveira recused themselves on the Zoning Board appointments since each has relatives as applicants.
Resignation
The Council unanimously accepted the resignation of John M. Tucker from the Wind Turbine Committee due to health reasons.
Council Liaison to Open Space and Fields Committee
For personal reasons, Councilwoman Shirley Mello resigned as Council liaison to the Open Space and Fields Committee and nominated Councilwoman M. Theresa Santos to be her replacement. Councilman Silveira then nominated Councilman Louis DiPalma to be appointed as the Council liaison. Prior to the vote, Councilman DiPalma stated that Councilwoman Santos has too many subcommittee appointments as she is currently on eight separate committees and this would make number nine. With President Roderiques recommending that Councilwoman Santos not respond to these comments, the Council took a vote on the nomination of Councilwoman Santos and appointed her as the liaison on five votes with Councilmen DiPalma and Silveira opposed.
Council Meetings
Town Clerk Barbara Nash and the Council then discussed upcoming Council meetings and established dates and time for various issues and budget reviews. Of particular note are the hearings for next year’s budgets which are:
No one requested to address the Council during the public forum session.
The Council adjourned at 9:19pm.
APRIL 16, 2007
President Paul Roderiques called the meeting to order at 7:05pm. All Council members were present. Editor’s Note: Time is quoted from the wall clock. The wall clock continues being 2-3 minutes slow.
FOP Liquor License
Acting as a Board of License Commission, the Council unanimously granted a one day, outdoor Class D
Alcoholic Beverage License for Middletown FOP Lodge #21, 464 Mitchell’s Lane. This license is for use on Sunday, May 6, 2007 (Police Parade).
The Consent Calendar was adopted unanimously without comment. Councilman Edward Silveira Jr. recused himself from item 13.
Victualling License
The Council unanimously granted a new Victualling License to
International Pockets Café,
Peddlers License
The Council unanimously granted a one day Peddlers License to the Police Parade Committee for use on May 6, 2007 and waived the payment of the $300 license fee.
A representative from the Woods Hole Group, Inc. made a
short presentation of the Phase I final report on the Esplanade Outfall
Study. Twenty-three water samples were
collected between October 10 and December 29, 2006 and all 23 samples taken at
the Esplanade Outfall contained bacterial concentrations in excess of the human
contact standard. The bacterial
concentrations exceeded human contact standards at other beach locations during
this sampling period as follows: 19 of 23 at the stream mouth, 11 of 23 at
Habitat Restoration Grants
Menhaden Legislation Review
The Council received a nearly one-inch thick document from Paul Bennett containing data on Menhaden fisheries (see Middletown Newsletter 4/2/07). Mr. Bennett continues to ask the Council to oppose H-5165, H-5713, and S-0311 legislation and stated that the Legislature should “leave fisheries management to the fisheries managers.” The Council continued the matter of support/opposition to the next meeting in order to review the document received. Councilwoman M. Theresa Santos asked Town Clerk Barbara Nash not to copy and include the one-inch thick document in the next agenda, but instead she asked each Council member to keep the document enclosed in this agenda.
Environmental Assessment of “The Landings”
The Council received a Phase I report and proposal for Phase
II study of environmental conditions of
Entry Level Employment Residency Points
On a 5-2 vote with Councilmen DiPalma and Silveira opposed, the Council received on its first reading an ordinance to increase from 5 to 10, the points awarded a Middletown resident applying for a job in the Town (see Middletown Newsletter 4/2/07.) Councilmen DiPalma and Silveira argued against this reversal of a September 2005 ordinance, on the grounds that Department Heads had supported the 2005 ordinance and there is nothing to indicate that the Department Heads have reversed their recommendations. Councilman Silveira even went so far as to suggest that the 10 point award suggests “political corruption” to which Councilman Robert Sylvia stated that Councilman Silveira “was way out of line.” After a discussion concerning the definition of residency, it was decided that the language would be corrected for the next meeting. The Council likely will adopt this ordinance on its second reading at the next meeting.
Revenue/Expenditure Policy & Ordinance
The Council received, on its first reading, an ordinance establishing a policy for revenue collections and expenditures as proposed by Finance Director Shawn Brown. The ordinance likely will be adopted on its second reading at the next meeting and will become Section 33.19 of the Town Code.
Special Assessment Adjustment Policy
The Council received a proposed policy establishing a procedure allowing residents to appeal inequitable special assessments; e.g., new sewer/water installations. The procedure would give a resident 60 days to petition the Council for review. A Council Sub-Committee would hold a hearing and make a recommendation to the full Council. The Council would approve, reject, or amend the recommendation within 60-90 days of the submission of the petition. Resident Ronald Santa stated that the concept of a bi-partisan Sub-Committee was a good idea; however, he asked how would the Sub-Committee be formed if, in the future, the entire Council was comprised of only one political party? The Council did not approve this policy at this time but referred it back to the Administration for amendments and clarification.
“Use It or Lose It” Moorings
The Council received a letter from Rian Wilkinson, Beach Commission, that indicated support for a “use it or lose it” mooring policy; however, no such policy statement or ordinance was attached. A considerable amount of discussion occurred involving two long-time mooring users and Mr. Wilkinson. In the end, Councilman DiPalma stated that he was “not sure we wanted to go forward with a ‘use it or lose it’ policy (at this time).” It was agreed that the Harbormaster would collect data this season and the matter would be discussed again at the end of the year.
Heating Systems Upgrades – Fire Department & Public Works
The Council unanimously awarded a $135,000 contract to
Automatic Temperature Controls, Inc.,
Beach Concessions Approved
The Council unanimously awarded three-year concession contracts as follows:
Editor’s Note:
Senior Post Prom $200
As the Council has done every year, it unanimously donated $200 to for the MHS Senior Class Post Prom event to be held on June 12th from midnight to 2 a.m.
Destination Imagination $250
As the Council did in 2005, it unanimously donated $250 for
a
Council Meetings
Town Clerk Barbara Nash and the Council then discussed upcoming Council meetings and established dates and time for various issues and budget reviews. Of particular note are the hearings for next year’s budgets which are:
A resident of
The Council adjourned at 9:35pm.
MAY 7, 2007
The Council concluded its Executive Session and returned to the Council Chambers at 6:57pm; however, the regular meeting did not start on time due to a malfunction with the audio recording for the cable broadcast. After waiting a few minutes for the technician to correct the problem, President Paul Roderiques called the meeting to order at 7:16pm. Councilman Edward Silveira Jr. was absent. Editor’s Note: Time is quoted from the wall clock. The wall clock continues being 3 minutes slow.
Executive Session
The first business conducted by the Council was a unanimous
vote 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, Town Hall) and litigation (
Sign Ordinance
President Roderiques announced that the sign ordinance (item #10) would not be addressed this evening but instead would be continued to a later date (not yet specified) where it would be the subject of a Special Meeting.
Liquor License Transfer
Acting as a Board of License Commission, the Council
unanimously granted the transfer of a BV Alcoholic Beverage License for Chili’s
Grill and Bar,
One item on the consent calendar received additional comment. Councilwoman M. Theresa Santos asked for an explanation of the $1,017,084 encumbered funds listed as expenditures in the Tax Collector’s monthly report. Finance Director Shawn Brown promised to provide a detailed explanation at the next meeting.
Licenses Granted
The Council unanimously granted the following licenses:
Democracy Matters
An organization called Democracy Matters, a Brown
University–Providence College initiative, requested to speak to the Council in
hopes of soliciting Council support for legislation titled “Fair Elections
Act.” A
Small Cities Community Development Block Grant
After a short public hearing in which no resident spoke, the Council unanimously approved the submission of a grant application not to exceed $250,000 (limit of grant) for the following projects and amounts:
Ordinance for Stockpiling Materials
The most controversial issue of the evening was a proposed amendment to the zoning ordinance to regulate the temporary stockpiling of materials associated with road construction and utilities projects. A number of residents spoke about the dust created from 30-foot high piles of dirt and the noise and dust created by the trucks depositing this material. In particular, the former Cardi Cement Plant on Aquidneck Avenue is being used for the storage of materials taken from the force main project on Memorial Boulevard and has created a nuisance problem in the Aquidneck Avenue neighborhood. The complaining residents, although supporting the ordinance as a first step, indicated that the ordinance-required six-foot fence would do nothing to hide the 30-foot piles of dirt. Town Administrator Gerry Kempen explained that the impetus for this ordinance had developed from two previous construction projects – Chase Estates and Slate Hill Farm. During the Chase Estates project, the contractor stockpiled the dirt on the streets of the Chase Estates neighborhood creating all sorts of problems for the residents. Learning from this experience, the Administration required the contractor for the Slate Hill Farm project to stockpile the material off-site, which was perfectly fine for the residents of Slate Hill Farm, but created a mess and problem for the abutting residences of the off-site location. Although this ordinance is intended to address a temporary (1 or 2 years) situation during a specific construction project, some residents complained of the dirt and noise existing from long-time established construction businesses in the Town and asked that the ordinance be expanded to cover these situations as well. The Council unanimously received the ordinance, on its first reading, and likely will adopt this ordinance during its second reading at the next meeting where additional public comment will be entertained.
Stormwater Retrofit Grants
Accepted
The Council unanimously accepted two RIDEM Non-point Source
& Narragansett Bay Watershed Restoration Grants totaling $51,811 and
requiring $37,874 as a Town matching contribution. In answer to the Council’s question as to how
much of the Town’s share must be cash rather than in-kind services, Town
Planner Ron Wolanski stated that he was not certain at this time, but typically
DEM restricts in-kind service to 25% of the total. Town funds for these projects were identified
as FY08 budget appropriations. One
project is stormwater runoff from the parking lot at
Special Events Ordinance
The Council unanimously received, on its first reading, an amendment to the zoning ordinance to regulate special events that are (1) likely to attract more than 250 persons or 50 motor vehicles to property in a commercial zone or (2) likely to attract more than 100 persons or 50 motor vehicles to town-owned property or property in a residential zone. The impetus for this ordinance was last year’s LPGA event. After discussion regarding fee structure and time tables, the Solicitor was directed to make suitable changes detailing the days required for submission and approval and to include a multi-tiered fee structure. This ordinance likely will be adopted upon its second reading at the next meeting, after including the changes made by the Solicitor.
Bridal and Pedestrian Path
At the urging of the Open Space & Field Committee, the Council unanimously approved the conceptual plan for a bridal and pedestrian path around the Wyatt Road Recreational Complex. The Solicitor and the Aquidneck Land Trust will now draft an easement agreement for this path and the Council subsequently will vote on the formal agreement.
Biologist Flagging Proposal Approved
The first step in obtaining DEM approval for cleaning Bailey
Brook and the
The Council unanimously approved a $54,136 contract with Woods Hole Group, Inc. to conduct Phase II data collection for the Esplanade Drainage project (see Middletown Newsletter 4/16/07.) The Council also received a report from Town Engineer Hall indicating that it was feasible to tie the Esplanade One discharge into the Esplanade Two discharge (further south and further from the beach) at a cost of $186,428.
Without any discussion, the Council unanimously approved a
$4,860 contract with Natural Resource Services, Inc.,
RIDEM Consent Agreement
Without any discussion, the Council unanimously authorized
$5,214 and $13,266 contracts with Louis Berger Group, Inc.,
Entry Level Employment Residency Points
On a 5-1 vote with Councilmen DiPalma opposed, the Council
approved, on its second reading, an ordinance to increase from 5 to 10, the
points awarded a
Revenue/Expenditure Policy & Ordinance
The Council adopted, on its second reading, an ordinance establishing a policy for revenue collections and expenditures as proposed by Finance Director Shawn Brown. This ordinance will become Section 33.19 of the Town Code.
Special Assessment Adjustment Policy
The Council adopted a policy establishing a procedure allowing residents to appeal inequitable special assessments; e.g., new sewer/water installations. The procedure would give a resident 60 days to petition the Council for review. A Council Sub-Committee would hold a hearing and make a recommendation to the full Council. The Council would approve, reject, or amend the recommendation within 60 days of the submission of the petition.
Menhaden Legislation Opposed by Council
After reviewing all the documentation submitted by Paul Bennett (see Middletown Newsletter 4/2/07 & 4/16/07), the Council unanimously decided to oppose H-5165, H-5713, and S-0311 legislation thereby leaving the Menhaden fisheries management in the hands of the Federal and State fisheries managers. Town Clerk Barbara Nash will notify the State legislature of the Council’s opposition.
Right-of-Way Y-11
At the urging of Councilman Louis DiPalma and resident Paul
O’Neil, the Council asked the Administration to clean and repair Right-of-Way
Y-11, which is a 30-foot right-of-way to the ocean, located on
Junior Post Prom $200
As the Council has done every year, it unanimously donated $200 to for the MHS Junior Class Post Prom event to be held on June 2nd from midnight to 2 a.m.
Juvenile Hearing Board Appointment
The Council unanimously appointed Stephanie M. Laurin to the Juvenile Hearing Board. Councilwoman Shirley Mello recused herself from this matter since a family member was an applicant.
No resident requested to address the Council during the public forum session.
The Council adjourned at 9:11pm.
MAY 21, 2007
The Council concluded its Executive Session and returned to the Council Chambers at 6:59pm. President Paul Roderiques called the meeting to order at 7:04pm. Councilwoman Shirley Mello was absent. Editor’s Note: Time is quoted from the wall clock. Since the wall clock continues to be 3 minutes slow and does not appear to get slower each week, it must be concluded that the time has been set deliberately to allow a few minutes for Council members who arrive late.
Executive Session
The first business conducted by the Council was a unanimous vote to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “(1) personnel (Town Administrator Executive Asst.) and (2) collective bargaining (Fire, Police, Town Hall; Benefits)”
One item on the consent calendar received additional comment. Resident Manny Mello inquired about the money to be borrowed for the Evergreen Project, and asked whether the $700,000 was correct or whether the $2,500,000 amount cited in the local paper was the correct amount for this project. Town Administrator Gerry Kempen said that the newspaper account was not correct and the total cost of the project should be $500,000-$600,000. Finance Director Shawn Brown explained that this was not an additional request for funds since the project already had been approved. Council approval was being sought to allow the Administration to borrow the funds from the RI Clean Water Financing Agency at an extremely low rate (less than 2%).
DJ Licenses Granted
The Council unanimously granted an amusement license for
Kempenaar’s Clambake Club,
Slate Hill Farm Drainage Improvements
The completed Slate Hill Farm project has a defect in that a number of residences are flooded during storms, and the flooding is washing away lawns and driveways. Although this matter has never been discussed at a regular Council meeting, apparently it was discussed in a special Council meeting and the Administration was tasked to determine the cost to correct the problem. Administrator Kempen explained that it would cost $138K to expand the roadways and add berms, and would cost $45,000 to add berms only without expanding the roadways; however, there would be additional costs, not specified at this time, for seeding and loaming. Andy Vouras indicated that many of the residents were surprised at the flooding and the lack of installed berms. Manny Mello blamed the flooding problem on the engineering firm’s allowing construction to be done without reference to the original elevation of the roadways, thereby creating a road higher than the original. Town Engineer Warren Hall cautioned the Council that adding berms all along the sides of the road might be a violation of the DEM Wetlands permit. It was decided to continue the matter to allow the Engineering Firm (Garofalo & Associates, Inc.) to determine specific areas where berms would be required and subsequently to seek DEM approval for these installations.
Crosswalk for
Exum Pike, Island Sports, sought
Council support for a crosswalk connecting the plaza at
No Parking Petition for
The Council received a petition from residents of
Ordinance for Stockpiling Materials Defeated
The proposed amendment to the zoning ordinance to regulate the temporary stockpiling of materials associated with road construction and utilities projects had its second reading. A number of residents opposed this ordinance indicating that it was “not fair” that a construction project in one neighborhood should burden another neighborhood with its mess. Everyone suggested that the neighborhood that is being improved with the construction project should have to suffer the inconvenience of material stockpiling during the construction phase, if such stockpiling is required. Many suggested that the stockpiling mess could be averted altogether through “good housekeeping” and the best solution to the problem would be to write such housekeeping policy in the construction contract, and to enforce the good housekeeping practice during the construction phase. With virtually no support for the proposed ordinance, the Council defeated the proposed ordinance on a 0-6 vote.
Special Events Ordinance Adopted
The Council unanimously adopted, on its second reading, an amendment to the zoning ordinance to regulate special events. The fee for the permit will be $250 for a special event likely to attract more than 250 persons or 50 motor vehicles to property in a commercial zone, and $100 for all other special events.
Donation to Robert Potter League
The Council unanimously approved the donation of $150,000,
in three equal installments, to the Robert Potter League to assist in the
construction of its new facility.
Finance Director Brown indicated the money will come from the Unreserved
Undesignated Fund. The Council was quick
to point out that the non-profit Robert Potter League saves the Town a bundle
of money, since the cost to the Town to provide such a service, if the Robert
Potter League did not exist, would be huge.
Councilman Louis DiPalma asked the Robert Potter League to consider a
placement, on its Board of Directors, of a voting member appointed by the
Middletown Town Council. The current
Council liaison is a non-voting member.
The Robert Potter League agreed to consider such a request. On the question as to whether the other
Aquidneck Island communities are contributing to this construction project, the
Robert Potter League indicated that
The Council unanimously awarded a $13,700 Concession
Contract to Longade, LLC,
Councilman Silveira’s Request for Information
In the most contentious issue of the evening, Councilman Silveira described the problem he was having obtaining information from the Town Administrator, referencing various email communications. Councilman Silveira specifically referenced the “delay” in getting answers to financial questions and the lack of a written response to questions regarding the Senior Citizens Center; instead, getting the response that the Director would be willing to sit down and talk with him. Councilman Silveira also complained that the Administration was hesitant to expend money to duplicate video tapes of Council meetings. In addition, Councilman Silveira objected to Administrator Kempen’s procedure for supplying information to the Public or to individual Council members. Administrator Kempen has established a policy that any question, from the Public or a Council member, to a Town employee shall be answered and then the question and answer shall be forwarded to Administrator Kempen who will then forward it to the Council President. President Roderiques and Councilman Silveira engaged in a mildly heated argument regarding this policy with President Roderiques stating that the policy was established to “avoid one Council member blindsiding another.” Councilwoman M. Theresa Santos asked Administrator Kempen if Councilman Silveira ever had been refused any information, receiving a negative reply. Resident Art Benner then spoke and clearly summarized this entire issue. Mr. Benner informed Councilman Silveira that he could obtain any video copy of Council meetings for free from the Public Library. Mr. Benner then said that this discussion was “completely unnecessary and a waste of the Council’s time, a waste of the public’s time, and a waste of the Administration’s time – it was crap.”
No resident requested to address the Council during the public forum session.
The Council adjourned at 8:49pm.
MAY 23, 2006 BUDGET PUBLIC
HEARING #1
President Paul Roderiques called the meeting to order at 6:32pm. Councilman Louis DiPalma was absent at the start of the meeting but arrived some time later. Town Administrator Gerry Kempen was absent and Finance Director Shawn Brown acted in his place.
The room was filled to about 2/3 capacity with approximately 100 residents.
President Roderiques began by announcing that there would be
three separate public hearings, one each for the General Fund (Town/School)
Budget, Parks & Recreation Budget, and Sewer Budget. A brief introduction was provided by Finance
Director Shawn Brown wherein he revealed that the proposed Town budget has a
.7% increase in expenditures for both the Town portion and School portion of
the General Fund. The primary cause of
School expenditure increase was the reduction of Federal Impact Aid in the
amount of $1 million; whereas the increase in Town expenditure was primarily
caused by a $710,000 increase in debt service (bonds approved by voters in
previous years.) The impact of these
increases is a proposed increase in the residential tax rate from $10.60 to
$11.08 and commercial tax rate from $14.10 to $14.74. After these brief remarks, the Public Hearing
was opened, whereupon thirteen residents and three children spoke and asked
questions about the General Fund. The
children and a few residents were concerned and opposed to a $20,800 cut in the
Editor’s Note: the second and final public hearing on the proposed budget will occur at 6:30pm on Tuesday, May 29 in the Town Hall.
1. Lorraine (last name not discerned), 10B Bartlett Road, complained on previous tax increases with no resulting increase in Town services, indicating that her grandchildren are not getting the special need services that they require. She advocated that the beaches should be free and urged the Council NOT to cut the proposed budget.
2. Roger
Miller,
3. Zoë (last name not discerned), a student at Gaudet Middle School, spoke in support of the Interscholastic sports program and urged the Council and the School Committee not to cut the funding for these sports.
4. Karen
Roarke,
At this point, School Committeeman Ned Draper suggested that sports programs should be funded outside the governmental budget process through a community effort of private donations and participant fees. Dubbing this as a “Pay for Play” program, Mr. Draper said that this would minimize the politics and put control of the sports programs where it belongs: in the hands of the leagues.
5. Kristy
Seyster,
Councilman Robert Sylvia questioned why a $21,000 cut out of a $37,000,000 budget should result in the elimination of a sports program. When asked what was the impact of a $21,000 cut would be on the tax rate, the Administration responded that it was .6 of one cent.
Councilman Edward Silveira Jr. then stated that there is nearly an $8 million reserve in the General Fund and an additional $900,000 annual impact fund from GMH, and indicated that the sports programs could be supported from these funds. Councilman Silveira said that he would be proposing, at the next Council meeting, the use of these excess funds to fill this budget’s needs. Councilman Silveira stated that the nearly $8 million reserve fund far and away exceeds the minimum rainy day surplus requirement of 8% of the annual budget.
President Roderiques said that he would oppose Councilman Silveira’s proposal, indicating that it “was not financially sound.” President Roderiques recalled the old days when the Town was so financially strapped that “it could barely meet payroll,” and stated that the existing rainy day fund has resulted in Middletown’s having one of the best bond ratings in the state.
6. (First name not discerned) Haas, a student at
7. Antone Viveiros stated that the proposed $58.57 million budget is being unrealistically portrayed as a $1.28 million increase, since it actually has increased $1.66 million over last year’s approved budget. Mr. Viveiros then complained that, during the year, the Undesignated Unreserved Fund had expanded to 19% of last year’s approved budget, which is greater than the 16% maximum established by Council policy. Mr. Viveiros then stated that $1 million was spent improperly during the year resulting in the reserve account’s now being at the 16% maximum level. Mr. Viveiros raised objection to the reserve fund providing an opportunity to spend money without taxpayer approval and concluded “Let the people decide (how the money should be spent).”
Finance Director Brown indicated that the large reserve fund has been created by “our efforts to contain our costs.”
Councilman Silveira commended the Administration for generating such a large surplus but designated this account as a “big slush fund.”
The School Department then indicated its efforts to contain costs, citing that 19 teacher positions and $2.1 million have been cut from the budget and pleaded with the Council to approve the proposed budget. Referencing Senate Bill 3050, a School Committee member stated that if the Council does not fund the School Committee at a 5.25% increase (the proposed budget); state funding will be reduced in future years.
8. Ronald Santa then read a prepared speech outlining various Town bank accounts and special revenue funds amounting to millions and millions of dollars that the Town has in reserve. Mr. Santa stated that the General Fund surplus has amounted to an annual increase in the Town’s bank account of $1.5 million and proposed that this amount (since it appears to be excess) should be cut from the bottom line of the General Fund budget. Mr. Santa then said that if the Council were to adopt his suggestion, there would be no need for a tax increase next year. Editor’s Note: for the complete text of this speech, see Middletown Newsletter Editorial 5/24/07.
9. Ali
Borges, a student at
10. Manny Mello opposed the cut in the Gaudet sports program and stated that the School Committee should be ashamed to make this $21,000 cut. Mr. Mello stated “it is a shame” that we have spent one hour discussing a cut of $21,000.
11. Elizabeth Bozyan,
12. Gerry Haas,
School Committeeman William Coogan then asked why the public was not screaming at the $150,000 cut in the text book account and stated that we are NOT buying text books this year. He added that he was not going to spend $21,000 on sports when he could buy text books or hire a guidance counselor for that money.
School Committeewoman Theresa Spengler then reminded the public that they had cut $2.1 million from the budget, not just $21,000 from the sports program.
13. Heidi (last
name not discerned),
14. Keith (last
name not discerned),
15. Holly (last
name not discerned),
16. Gerry Hass, speaking for the second time, stated that he was not in favor of cutting books and teachers; however, he also was opposed to cutting the sports program. He pleaded with the School Committee to find the funds this year to support the sports program and allow the community, over the course of the coming year, to develop a procedure for funding sports programs in the future.
17. Ronald Santa, speaking for the second time, reiterated his primary suggestion that the Council cut $1.5 million from the bottom line of the General Fund budget. However, he offered a compromise solution that might be more palatable to those who might worry that the resulting budget would produce a deficit. The compromise solution offered by Mr. Santa was to take $1.5 million from the Undesignated Unreserved Fund and dump it into the General Fund budget thereby eliminating the need for any tax increase next year. Mr. Santa said that such a solution would leave $6 million in the rainy day fund which would far exceed the $4.8 million dollars that Finance Director Brown indicated was “an adequate amount.” Mr. Santa begged the Council to adopt his solution and give a reprieve to the taxpayers of one year without a tax increase!
Councilwoman M. Theresa Santos indicated that the Assistant School Superintendent had recently resigned. Councilwoman Santos then suggested that the monies saved from this salary could be used to fund the sports program. The School Committee was quick to denounce this suggestion and stated that the position was vital and would be filled quickly. Furthermore, if there were to be any monies saved, they would be better spent on the hiring of a guidance counselor.
1. Ronald Santa asked how much money was in the “Undesignated Fund Balance” and received the reply that the amount was over $700,000. Indicating that this reserve was continuing to grow at the rate of $100,000 a year, Mr. Santa again suggested that some of the beach excess revenues be returned to the taxpayers in the form of a tax reduction. The Council indicated that the reserve account is being built up so as to construct a new building for concession stand and restrooms.
No one spoke at this public hearing.
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.
MAY 29, 2006 BUDGET PUBLIC
HEARING #2
President Paul Roderiques called the meeting to order at 6:33pm. All Council members were present.
The room was filled to about 1/2 capacity with approximately 75 residents.
President Roderiques began by announcing that there would be
three separate public hearings, one each for the General Fund (Town/School)
Budget, Parks & Recreation Budget, and Sewer Budget. Without any introductory remarks, the Public
Hearing on the General Fund began. This
week no children spoke but ten residents did speak, most of whom spoke last
week. Again the main topics were (1) the
$20,800 cut in the
18. Ronald Santa talked about the Town’s rainy-day funds, first thanking Finance Director Shawn Brown for providing the information requested at last hearing. In the provided information, was a list of twenty-seven special funds totaling over $6 million that the Town has in the bank. Combining this with the millions of dollars discussed at the last meeting, Mr. Santa said that the Town has sufficient funds to avoid ANY increase in taxes this year. Mr. Santa proposed that the Council use $1.6M-$1.7M from the Undesignated Unreserved Fund as a revenue input to the General Fund thereby eliminating the need for any tax increase. Mr. Santa said that adopting this proposal would leave the rainy-day funds with sufficient reserves. Editor’s Note: the current total of all monies in the Town’s bank exceeds $15 million.
19. Art Benner
asked two questions for which he was “not expecting an answer.” Mr. Benner asked when was the last time the
actual expenditures for a year exactly matched the approved budgeted amount;
answering his own question with “many years ago, possibly never.” Mr. Benner then criticized the many
engineering studies the Town Council and School Committee have paid for over
the last ten years and asked where we have benefited from any of them. Mr. Benner concluded that the monies spent
(wasted) on these engineering studies could have been used for the $21,000
sports program at
20. Manny Mello agreed with Mr. Benner 100%, commenting that the School Department is “always crying poverty” and now “can’t find $21,000 for sports, but can blow money on other things.” Mr. Mello then questioned a $45,000 budget item for the salary of a clerk that he knows only makes $33,000. After considerable questioning on the clerk’s salary, Mr. Mello received the reply from School Superintendent Rosemary Kraeger that the budgeted item was for a retiring clerk and the amount for salary contained payment for unused vacation and sick time.
School Committeewoman Theresa Spengler then reminded the public that $2.1 million had been cut from the budget, “everything was cut, not just $21,000 from the sports program.” The positions of a guidance counselor and a nurse/teacher were eliminated, she said, and added “There is no fluff in this budget.”
Councilwoman M. Theresa Santos readdressed her question from the last meeting, asking whether there weren’t any savings to be had from the salary of the recently retired Assistant School Superintendent. She asked if the one month’s savings before hiring a replacement “could scrape up these funds for the sports program.” The School Committee indicated that that issue would depend upon the bottom line of the budget that the Council will eventually adopt.
21. Antone Viveiros, citing many figures from the 2005 and 2006 budgets, explained that the figure cited for last year’s budget is an actual amount ($57.2M) rather than the approved amount ($56.9M) thereby disguising and reducing the percentage increase for this year’s proposed budget. Mr. Viveiros proposed “zero base budgeting” in future years to avoid this confusion. Mr. Viveiros stated that the actual Town assets ($50.8M) exceed the actual Town liabilities ($24.5M) by $26 million and “we can’t find $21,000 for a sports program!”
22. Ann Coogan, a teacher in
23. Elizabeth Bozyan, addressing the issue of the Undesignated Unreserved
Fund, stated that she liked having a reserve fund and, if it were to be spent,
it should be used to pay down bonded indebtedness, rather than reducing tax
increases. Ms. Bozyan
then questioned the per-pupil cost ($13,630) and its ranking within the state
(13th highest). Stating that
these numbers indicate that the
24. Gerry Haas again spoke in support of the $21,000 sports program. Referencing last week’s School Committee comment that there should be criticism of other School budget cuts besides the sports program cut, Mr. Haas said “let someone else complain about these other things, I am complaining about the sports cut.” He further stated that “our elected officials are telling us what we should object to, instead of listening to what we are objecting to.”
25.
Explaining that the $50,000 for the Robert Potter League was to assist in the construction of a new facility, President Roderiques and Councilwoman Santos said that, if the Robert Potter League did not exist, the Town would have to expend far more monies in animal control.
26. Lisa (last name not discerned) said that the School budget was “bare bones” and pleaded with the Council to fund the School budget to the maximum amount since Senate Bill 3050 will create a hardship in future years, owing to the dominoes effect of ever reducing maximum allowable percentage increases.
27. Theresa Haas, a five year member of the PTG, criticized the School Committee for not alerting the PTG on the impending cuts in the sports program. Ms Haas stated that the PTG has raised over $50,000 for other school programs and could have worked on the sports program had it been alerted to the need. Ms. Haas concluded with “our children don’t deserve these cuts.”
28. Art Benner, speaking for the second time, said that we have heard all night: “Our children, our children, our children.” However, the elderly deserve our attention too, he said. Mr. Benner cautioned the Council against tax increases that would burden the elderly who live on fixed incomes.
29. Manny Mello, speaking for the second time, asked the School Committee how many teacher line items in the budget were extra. School Superintendent Kraeger responded that there were none and stated “we have adjusted the staff accordingly (for the budget cuts.)”
30. Ronald Santa, speaking for the second time, addressed the suggestion of President Roderiques and others that the Undesignated Unreserved Fund should be used only to reduce bonded indebtedness. Mr. Santa said that the proposed tax increase was primarily caused by a sharp increase in interest payments for outstanding bonds as explained by Finance Director Shawn Brown at the last meeting. Therefore, Mr. Santa said, by using the Undesignated Unreserved Fund as revenue in the Budget to eliminate the proposed tax increase, the Undesignated Unreserved Fund would be used for bonded indebtedness purposes – precisely what President Roderiques and others wish.
School Committeewoman Theresa Spengler pleaded with the Council to fully support the School budget and suggested that the Council might consider an additional $21,000 in a restricted account to fund the sports program.
President Roderiques concluded this portion of the meeting by stating that “We are one Town. We’re all in the same boat.”
No one spoke at this public hearing.
1.
Antone Viveiros questioned the large increase in this
budget. Administrator Kempen explained
that the increase was caused by a dramatic increase in debt service caused by
the construction projects of last year – the
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 4, 2007
Vice Chairwoman Shirley Mello called the meeting to order at 7:00pm. President Paul Roderiques and Councilman Edward Silveira Jr. were absent. Editor’s Note: The wall clock has been reset to the correct time.
Resident Antone Viveiros requested to speak on three Consent
Calendar items. Mr. Viveiros had
questions regarding the budget transfer items. Although Town Administrator Gerry Kempen and
Finance Director Shawn Brown responded, it was not clear to this reporter that
the questions were answered. It was,
however, explained that the detailed account of budget transfers is provided to
make the Town’s finances transparent, a distinct improvement over previous
practices. Mr. Viveiros also asked the
Council to support the Westerly Town Council resolution advocating the
elimination of straight party ticket ballots in future elections. Editor’s
Note: Although the Council did not specifically vote on the
Duck Race License Granted
The Council unanimously granted an amusement license to the
Middletown Education Collaborative to conduct its annual Duck Race on July 10,
2007 at
Hawkers License Granted
The Council unanimously granted a Hawkers License to Carlone’s Green End Florist,
Slate Hill Farm Drainage Improvements
A representative of Garofalo & Associates, Inc. presented a proposed solution to the flooding problems at Slate Hill Farm (see Middletown Newsletter 5/21/07.) With only a small poster board sketch and no individual handouts, the presentation was nearly impossible to understand; however, the proposal seems to include a limited amount of berms and the addition of gutters at a cost not yet determined and a completion date around the beginning or middle of July. Resident Manny Mello criticized the overall project stating that it was “another example of a poor job by an engineering firm.” Mr. Mello suggested that the engineering firm be responsible for fixing the flooding problem rather than having the Town expend more money on the project. Mr. Mello stated that “it is irritating that they want all this money to correct their problem.”
The Council unanimously awarded a $143,000 contract to Cavanaugh
Landscape Design,
At the suggestion of Councilman Robert Sylvia, the Council unanimously rejected all bids for the Evergreen Park Project (roadway, storm drains, & sanitary sewer improvements) and ordered the Administration to readvertise the project. The Council took this action because the contract did not include stipulations regarding the on-site storage of materials as discussed during the recent rejection of the materials stockpiling ordinance (see Middletown Newsletter 5/21/07.) The soon-to-be-advertised new contract will include provisions for a 5-day limitation of on-site material storage and the requirement that the site be cleaned each week before the weekend. Councilwoman Mello recused herself on this issue without explanation. Editor’s Note: Bids submitted re the rejected contract were $1,969,385.00-$2,606,715.25.
On a 3-2 vote with Councilman Robert Sylvia and Councilwoman
Barbara Barrow opposed, the Council awarded a $9,680 contract to Pare
Corporation,
Auditor Contract Awarded
The Council unanimously awarded a three-year contract to Lefkowitz, Garfinkel, Champi, & DeRienzo, P.C. to provide auditing services to the Town in the following amounts: FY2007 - $39,500, FY2008 - $41,000, and FY2009 - $42,500. Monies for this contract will be paid out of the General Fund. Editor’s Note: This firm was the second low bidder but was recommended by Finance Director Brown for its past performance and its bid which contains a greater number of budgeted hours, “meaning the hourly rate for service is lower.”
Horse-Drawn Carriage Service Approved
Upon the recommendation of Recreation Director Tim Shaw, the Council approved Mike Waters’ Commonwealth Farm & Carriage Company, LLC to be a “sole service provider for a horse-drawn carriage service in the Sachuest Point area of town.” It was unclear what permission the Council could grant but it was suggested that an Entertainment License might be the appropriate mechanism. Councilwoman Barrow recused herself on this issue since the applicant was a “former client” of hers.
Conservation Easement
The Council continued the issue of the Newport Autocenter conservation easement until next meeting.
Councilman Sylvia related concerns of the residents of
Councilman Silveira’s Resolutions Continued
Since Councilman Silveira was absent, the Council unanimously voted to continue to the next meeting, three resolutions that he had proposed: (1) Access to Public Records, (2) Fund Balance Policy, and (3) PPV Reserve Fund Policy.
Illegal Immigration
Resident Antone Viveiros asked the Council if
No resident requested to address the Council during the public forum session.
The Council adjourned at 8:20pm.
JUNE 18, 2007
The Council concluded its Executive Session and returned to the Council Chambers at 7:04pm. President Paul Roderiques called the meeting to order at 7:09pm. All Council members were present. Editor’s Note: Time is quoted from the wall clock. The wall clock is again one minute slow.
Executive Session
The first business conducted by the Council was to reconvene from Executive Session and unanimously vote to approve the Fire Department contract and the Planning Department issues discussed in the Executive Session. The Council then made public the decision made in the Executive Session to deny the Administrator’s request regarding his Executive Assistant’s retirement. The Council then unanimously voted to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “(1) personnel (Town Administrator, Town Administrator Executive Asst.) and (2) collective bargaining (Fire, Police, Town Hall).”
Spa and Whirlpool Liquor License
Advertised
The Council ordered advertised for Public Hearing a Class BT Alcoholic
Beverage License for Newport Spa and Whirlpool Suites,
The consent calendar was adopted unanimously without comment. Councilman Silveira recused himself on consent calendar item #6 due to a “possible business conflict.”
Sign Ordinance Changes Adopted
Continued from the special meeting of June 4, 2007 was a public hearing for a proposed ordinance to change the signage regulations. Attorney Robert Silva, representing automobile dealerships, objected to the prohibition against balloons, whereas resident Art Benner supported the balloon ban. Councilwoman M. Theresa Santos voiced strong opposition to the ordinance as it relates to allowing political signs and was the lone vote opposed to incorporating this amendment which was submitted by the Planning Board. After considerable discussion regarding balloons, it was decided to delete the reference to balloons and to restrict only “inflatable items in excess of two cubic feet.” The new sign ordinance then was adopted unanimously.
Slate Hill Farm Sewer and Water Assessments Approved
The Council unanimously approved resolutions authorizing the assessment of charges to individual homeowners for the recently completed sewer and water project at Slate Hill Farm. The total assessment cost for the water project ($700,924.95) will be divided evenly by the 8560.5 feet of property frontage, and will use a 4.015% interest rate for homeowners desiring to pay in equal annual installments for twenty years. The total assessment cost for the sewer project ($857,526.43) will be divided evenly by the 9130.76 feet of property frontage, and will use a 1.409% interest rate for homeowners desiring to pay in equal annual installments for twenty years.
Special Assessment Subcommittee Established
Many residents from Slate Hill Farm have complained that the assessment method for computing sewer/water construction costs is unfair to some homeowners (see Middletown Newsletters 1/2/07, 1/16/07, & 2/5/07.) As a result, the Council adopted a policy on May 7, 2007 outlining a procedure whereby homeowners could petition the Council for relief from excessive assessment charges. Each homeowner’s petition will be reviewed by a subcommittee of the Council within 60 days and the full Council will vote on any relief after receiving a recommendation from the subcommittee. The members of the subcommittee, appointed this evening, are: Councilwoman Barbara Barrow, Councilman Louis DiPalma, and Councilman Edward Silveira Jr. Editor’s Note: Slate Hill Farm homeowners will receive their assessment bills in the mail shortly (within a week) and will have 60 days to petition for relief, if they feel that their assessments are excessive.
Slate Hill Farm Drainage Improvements
A representative of Garofalo & Associates, Inc. presented a list of berm locations and cost estimates to correct the flooding conditions at Slate Hill Farm (see Middletown Newsletters 5/21/07 & 6/4/07.) The indicated total cost (approximately $3000) is far below the original $45,000 estimate and will not be charged to the individual homeowners, but instead will be absorbed in the original contract work.
The Council unanimously authorized a $28,780 change order
for the engineering and constructing bid services with Garofalo
& Associates, Inc. regarding the
Conservation Easement
A conservation easement was required as a condition for
rezoning the
Public Records Policy to be Reviewed by
Attorney General
At the May 21, 2007 Council meeting, Councilman Silveira
criticized Administrator Kempen’s policy regarding the dissemination of public
records and information. As a result,
Councilman Silveira introduced a resolution asking that the policy be reviewed
by the Town Solicitor and the Attorney General.
Surprisingly, this resolution was approved on a 4-3 vote with
Councilwomen Barrow, Mello, and
Heated Discussion on the Use of Undesignated Unreserved Fund
As promised at the budget hearings, Councilman Silveira introduced
a resolution to transfer $3.15 million from the Undesignated Unreserved Fund
(currently at $7.4 million) to the General Fund in order to reduce the property
tax rate. Councilman Silveira said that
such a transfer would result in a property tax rate reduction of 60 cents per
1K assessed value. Every other Council
member voiced objection to this proposal.
Councilman Sylvia indicated that as a result of the large bank account,
Navy Housing Revenues
As part of the negotiations with the Navy, the Town
receives, in lieu of taxes, over $900,000 annually from GMH for the ex-military
housing at the
Transfer Station Updates
In a letter to the Administrator, Councilman Sylvia asked that monthly updates be provided regarding the possible use of the Newport Transfer Station when the Middletown Transfer Station ceases operation in November. Administrator Kempen agreed to provide these monthly updates and indicated that a final determination may be arrived at before next month’s meeting. As for the possibility of curbside collection, three bids have been received. The issue of trash collection will be the subject of a special Council meeting at 6:30pm on Monday, June 24, 2007.
Storm Drain Repairs
With over 1000 storm drains in the Town and an estimate of 20% of these needing repairs, Councilman Sylvia suggested that $400,000 be taken from the Undesignated Unreserved Fund to fund a contract to repair these drains “in order to insure the safety and health of all our residents.” Public Works Director Tom O'Loughlin indicated that the total number of storm drains in the Town is 1365, that 20% is a good estimate of the number needing repair, but that forty are in critical need of immediate repair. Councilman Silveira argued for a preventive maintenance program done by in-house personnel rather than outsourcing the project. Councilman DiPalma argued for the establishment of a Maintenance Management Plan. In the end, the Council directed the Administrator to determine and report to the Council, the exact number and cost estimate for repair of the critically damaged storm drains and, as per Councilman DiPalma’s suggestion, develop a Maintenance Management Plan addressing the repairs for all storm drains in the Town.
Local Control Disappearing
In a letter to the Council, Councilman DiPalma railed
against the loss of local control citing examples of (1) sanctioning of a group
home on
Appointments
The Council unanimously made the following appointments:
Antone Viveiros – Bonded Debt
Resident Antone Viveiros requested to speak on the Town’s indebtedness. Mr. Viveiros said that the Town currently has a debt equal to 1% of the Town’s total property assessment (State mandated maximum limit of 3%). Mr. Viveiros said that the debt translates to $1673 for every resident of the Town (including children). Mr. Viveiros questioned how $3 million could be borrowed already for the Police Station “without even one shovel yet in the ground.” Mr. Viveiros also criticized the $300,000 lease-purchase for a fire pumper and said that this violates the limitation of $100,000 borrowing without voter approval.
Town Council Meetings
June 28 – Budget Adoption
July 16 – Regular Council Meeting (only one in July)
August 20 – Regular Council Meeting (only one in August)
No resident requested to address the Council during the public forum session.
The Council adjourned at 10:11pm.
JULY 16, 2007
The Council concluded its Executive Session and returned to the Council Chambers at 7:09pm. Vice Chairwoman Shirley Mello called the meeting to order at 7:16pm. President Paul Roderiques was absent due to the “birth of his first child.” Councilwoman Barbara Barrow was also absent. Editor’s Note: Time is quoted from the wall clock. The wall clock has been set two minutes fast!
Executive Session
The first business conducted by the Council was to reconvene from Executive Session and unanimously vote to approve three recommendations of Town Administrator Gerry Kempen: (1) a cost of living wage increase for non-union Town Hall employees, (2) merit pay increases, and (3) merit pay increases with amendments suggested by Finance Director Shawn Brown. The Council then unanimously voted to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “(1) personnel (Non-union Staff) and (2) collective bargaining (Town Hall).”
The Council unanimously granted a Class BT Alcoholic Beverage License
to Newport Spa and Whirlpool Suites,
One item on the consent calendar received additional comment. Barbara Schuster’s resignation from the Board of Canvassers prompted various Council members to praise her volunteer efforts for the Town.
Licenses Granted
The Council unanimously approved the following licenses:
Special Event Permit Granted
The first special event permit under the recently enacted ordinance was
unanimously granted to the Aquidneck Land Trust to hold a fundraising event on
the evening of August 4, 2007. The event
is to be held at 913 Mitchell’s Lane and is expected to draw 500 people and 250
vehicles.
Matthew J. Wainwright Honored
The Government Management Information Sciences (GMIS)
organization headquartered in
Viking Riders Present Flag
The Viking Riders, a
The Council unanimously agreed to allow Sam Hogan, Assistant
Town Planner, to apply for a RI Historical Preservation and Heritage Commission
grant for exterior renovations for
Economic Development Strategy Meeting
Robert Silva, Economic Development Advisory Committee
Chairman, informed the Council that the Mayforth
Group has completed its data analysis and has a forty-minute Power Point
presentation that it would like to present to the Council. Mr. Silva asked the Council to establish a
date and time for a meeting where this presentation could be made. Mr. Silva also urged that a trip to
Polaris ATV Surplus Property
The Council unanimously declared a 1999 Polaris ATV as surplus property and directed the Finance Director to “sell, dispose, or transfer” this asset.
4X4 Utility Vehicle Purchased
The Council unanimously approved the $7,225 purchase of a John Deere 4X4 Utility Vehicle (low bid) for beach use. The appropriation will come from the Beach Operating Funds.
Trash Collection Program
In a letter to the Council, Administrator Kempen asked the Council to decide upon three matters regarding trash collection and the new Pay-As-You-Throw Curbside system:
There followed a number of questions by Council members and
comments from a few residents. Manny
Mello objected to the new Pay-As-Your-Throw system indicating that
In the end the Council unanimously voted to:
Contract for Trash Removal Awarded
Based upon the recommendation of DSM Environmental Services, Inc. and Town Administrator Gerry Kempen, the Council unanimously approved a contract with Waste Management of Rhode Island for solid waste and recycling services subject to final negotiations and the Town Solicitor’s approval of the final contract document.
Trash Bag Contract Awarded
The Council unanimously awarded a contract to Phoenix
Recycling, Inc. for the manufacture, supply, storage & distribution of
trash bags for the Town of
The Council unanimously awarded a $2,597,177 contract to
Waterline Industries Corp.,
The Council unanimously awarded a $159,713 contract to
C&E Engineering,
The Council unanimously awarded a $46,630.78 contract to LAL
Construction, Inc.,
Mosquito Ordinance
The Council received a letter from the Department of
Environmental Management urging the Council to follow the example of
Appointments
The Council unanimously made the following appointments:
Utility Pole
In a last minute added agenda item, the Council unanimously approved an Electric Company request to move a pole at Mitchell’s Lane.
No resident requested to address the Council during the public forum session.
The Council adjourned at 9:15pm.
AUGUST 20, 2007
Having concluded the Executive Session earlier, the Council was ready to begin the regular meeting on time. The Council Chamber was filled to near capacity with friends and family of the Police Department. President Paul Roderiques called the meeting to order at 7:04pm. All Council members were present. Editor’s Note: Time is quoted from the wall clock which has been set to the correct time finally!
Executive Session
The first business conducted by the Council was to reconvene from the Executive Session and unanimously vote to extend a job order and approve a compensation package. The Council then unanimously voted to seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “(1) personnel (Town Clerk, Deputy Police Chief) and (2) potential litigation (sewer).”
Police Ceremonies
Police Chief Anthony Pesare announced the retirement, and read a short biography of Lieutenant William Kelly. President Roderiques presented Lt. Kelly a plaque. Lt. Kelly then gave a short speech thanking everyone in the Town. Lt. Kelly concluded with a final salute to Chief Pesare and received a formal dismissal from service from Chief Pesare. Chief Pesare then announced the promotion of two officers: Lieutenant Patrick Sweeney and Sergeant Michael Faria. Chief Pesare read a short biography of each and a family member pinned the new badge on each respective officer. Each officer then saluted Chief Pesare. Chief Pesare then announced the hiring of Probationary Officer Kevin Laura Hurley. Her mother pinned the badge on her and she took the first salute from Chief Pesare. President Roderiques then declared a short recess to allow those wishing to leave time to vacate the chambers.
Residence Inn by Marriott Liquor License
Approved
The Council unanimously granted a Class BT Alcoholic Beverage License
to Residence Inn by Marriott,
Councilwoman M. Theresa Santos asked that one item of the consent calendar be moved to the regular docket. The item was a letter from Saverio De Ruggiero criticizing the recent trash collection decision by the Council (see Middletown Newsletter 7/16/07.) The remainder of the Consent Calendar was adopted without comment.
Victualling House License Granted
The Council unanimously approved a Victualling House License for the
Residence Inn by Marriott,
Special Event Permits Granted
The Council unanimously approved three special event permits as
follows:
Coastal Resources Presentation to Council
The Rhode Island Coastal Resources Management Council gave a seven
minute PowerPoint presentation concerning the Aquidneck Island Special Area
Management Plan (SAMP) currently under development. “The SAMP is a state mandated plan which,
once approved, requires the federal government to abide with it.” The Aquidneck Island SAMP will incorporate
the West Side Master Plan and is expected to be completed by 2010.
Grant Applicant Approved
Comprehensive Plan and Zoning Ordinance Amendments for “Landings”
Now that the former Anchorage Navy Housing is privately-owned land, its designation in the Comprehensive Community Plan and the Zoning Ordinance must be changed from Public Use to High-Density Residential. The Planning Board also determined that it would be appropriate at this time to change the designation of the abutting Coddington Cove Navy Housing to High Density Residential in the Comprehensive Community Plan. The Council unanimously ordered advertised for public hearing, at a subsequent Council meeting, amendments to accomplish each of these changes.
Unspent 2007 Budget Items Reallocated for 2008
The Council unanimously reallocated two items that had been appropriated for fiscal 2007 but have not yet been spent allowing these allocated monies to be expended in fiscal 2008. These items were:
Sewer System Mapping Contract Awarded
The Council unanimously awarded an $89,016 contract to
Weston & Sampson,
Garbage and Refuse Ordinance – First Reading
Elaborating upon his letter that was moved from the Consent
Calendar, Saverio De Ruggiero spoke to the issue of a
new garbage and refuse ordinance being established as a result of the Council’s
decision to create a “Pay-As-You-Throw (PAYT)” system in Middletown (see
Middletown Newsletter 7/16/07.) It is
Mr. De Ruggiero’s position that the Town will be expending too much money for
the purchase of 15,000 “toters” (64 gallon trash bids on wheels) since many
residents will choose not to use the PAYT system but will opt to continue to
use their current trash haulers. Mr. De
Ruggiero contends that the Town will then have a problem of storing the excess
toters in addition to the wasted expense of purchasing them. Mr. De Ruggiero said that
All Terrain Vehicle Prohibition Ordinance
While current
Speed Limit for
At the suggestion of the Police Department, an ordinance was
drafted to establish a 20 MPH speed limit on
Paper Roads Discussed
Councilman Louis DiPalma introduced the subject of
Unimproved Municipal Rights of Way (“paper roads”) and specifically the one
bounded on the north by Easton Terrace and on the south by
Licensing Fees to Increase
Town Administrator Gerry Kempen presented the Council a recommendation to increase various licensing fees to bring them in line with neighboring communities. The Council received this letter and directed that a proposed ordinance be drafted for future adoption.
$250 Donated to
As it has done for the past two years, the Council donated $250 to Megan Daughan to operate a “Safety Town Program” - a week long educational program to teach kindergarten students how to be safe citizens.
John M. Tucker Resignation
For health reasons, John M. Tucker submitted his resignation from the Planning Board. The Council accepted the resignation and ordered a Thank You letter be sent for Mr. Tucker’s long years of volunteering his time to the Town.
Catch Basin Repair Contract
Apparently the Council received contract bids for catch basin repairs - 42 catch basin at approximately $7000 each. The price was far more that originally estimated ($2000 on average) prompting a hesitation by the Council. Resident Ronald Santa asked that this matter be continued since none of the attachments had been included with the docket and therefore the public had no rational way to comment on this contract. Resident Manny Mello address the high cost of materials needed for repairing the catch basins citing a cost of $1500 for a single manhole cover! The Council continued this matter to the next meeting and asked Administrator Kempen to identify the cost of each specific manhole repair, rather than simply providing an average cost. Editor’s Note: Councilwoman Shirley Mello recused herself on this issue.
The low bidder ($145,000) for the Paradise Valley Park Site
Improvement contract was Hugo Key & Sons, Inc.,
Substance Abuse Program to be Evaluated
The Council unanimously awarded a $14,000 contract to Crowther Consultants, LLC,
One resident requested to address the Council during the public forum session.
Manny Mello complained that grass was not being cut in
The Council adjourned at 9:44pm.
SEPTEMBER 4, 2007
The Council concluded its Executive Session and returned to the Council Chambers at 7:05pm. President Paul Roderiques called the meeting to order at 7:11pm. Councilman Louis DiPalma and Councilwoman Shirley Mello were absent.
Executive Session
The first business conducted by the Council was to reconvene from the Executive Session and unanimously vote to continue the discussion of land acquisition at the next meeting. The Council then unanimously 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 acquisition.”
Liquor License
Acting as a Board of License Commission, the Council
unanimously ordered advertised a Public Hearing for the Glass Onion,
The consent calendar was adopted unanimously without comment.
Trash Collection Program
Town Administrator Gerry Kempen delivered a 40 minute slide
presentation describing the proposed trash collection program and its history
and origin. The curbside pickup program
is proposed to be funded by a Pay-As-You-Throw (PAYT) program whereby users
will purchase special bags in which solid waste (garbage) shall be placed for
disposal. Monies collected for these
bags, together with various State grants, will be used to fund the program. If the Council chose to fully fund the
program through tax revenue, rather than the sale of bags, the tax rate
increase would be $0.42 residential and $0.59 commercial. Since previous discussions had indicated that
the user cost of the PAYT program would be too expensive, Administrator
Kempen’s proposal included a minor tax subsidy amounting to a $.08 tax increase
which would reduce the cost of each bag by 50 cents. Attending residents vigorously objected to ANY
tax subsidy and the Council unanimously voted to eliminate the tax
subsidy. As a result, the cost of the
yellow bags with a
Three 64 gallon toters (covered trash bins on wheels) will be supplied
to each residential household in the town.
One toter will be used for solid waste in which the PAYT bags will be
placed, one toter will be used for paper goods, and one toter will be used for
bottle, cans, and other recyclables. The
solid waste toters will be collected once-a-week; whereas, the other two toters
will be collected on an alternating week schedule. It is expected that the State will provide a
grant to cover the cost of the recyclable toters; whereas, the Town will have
to cover the cost of the solid waste toters.
In any event, the Town will initially purchase all the toters through a
five-year lease-purchase agreement.
Comments made during the discussion on the trash program included:
Garbage and Refuse Ordinance Adopted
The Council unanimously adopted on its second reading, an ordinance regulating the collection of garbage and refuse. Independent vendors will be required to follow the same rules as the trash hauler contracted by the Town. Councilman Silveira inquired whether there would be any fee for the license required for independent vendors and received a negative reply. Resident Art Benner indicated that the ordinance would be impossible to enforce.
Mobile Refuse Container (Toters) Contract Awarded
The Council rejected a motion by Councilman Sylvia on a 1-4 vote (only Councilman Sylvia in favor) to purchase (1) 64 gallon and (2) 32 gallon toters for each household. The Council then unanimously approved a $712,800 contract with Cascade Engineering to deliver and setup (3) 64 gallon “toters” to every residential household in the Town. Funding for this contract will be paid from a 5-year lease purchase agreement.
Land Evidence Archival Contract Awarded
Upon the recommendation of Town Clerk Barbara Nash, the
Council unanimously awarded an $117,000 contract to ACS Enterprise Solutions,
Inc.,
Commodore
The RIDOT is proposing to conduct a study to determine the
feasibility of erecting a traffic light on
All Terrain Vehicle Ordinance Adopted
The Council unanimously adopted an ordinance, on its second reading, to include “recreational vehicles” on the list of vehicles prohibited on Town owned land and “The Valley”.
Speed Limit for
The Council unanimously adopted an ordinance, on its second
reading, to establish a 20 MPH speed limit on
Licensing Fees to Increase
At the suggestion of Administrator Kempen, an ordinance was drafted to increase various licensing fees to bring them in line with neighboring communities. The Council unanimously received the new ordinance on its first reading and likely will adopt it at the next meeting.
Appointments
The Council unanimously made the following appointments:
Editor’s Note: Town Clerk Barbara Nash is soon retiring thereby necessitating the designation of a new Open Government Filing Coordinator for the Town
Editor’s Note: The Council agreed that all future appointments will be advertised for applicants, something that was not done this time for the Newport County Convention & Visitors Bureau positions.
No one requested to address the Council during the public forum session.
The Council adjourned at 10:24pm.
OCTOBER 1, 2007
Disclaimer: I did not attend this meeting in person. In an attempt to report something for the
archives, I obtained the cable television DVD of the meeting from the library,
reviewed the DVD, and reported on that.
With the Executive Session not yet completed, the Council reconvened the open meeting with intention to go back into Executive Session at the conclusion of the regular meeting. Councilman Robert Sylvia was absent.
Executive Session
As indicated in the docket agenda, the Executive Session was held for the matter of “personnel (Town Administrator, Police Chief.)”
Liquor License for The Glass Onion
Location Transfer
The Glass Onion Restaurant wants to move from its current
Liquor Licenses Ordered Advertised for Hearing
The Council unanimously ordered advertised for public hearing the following:
Editor’s Note: Councilman Edward Silveira Jr. recused himself on these issues because they are “related to my business and to avoid even the perception of a conflict.”
The consent calendar was adopted unanimously without comment.
Painting Donated to Town
To honor his parents, Joseph Matose
donated an original painting depicting
Victualling House License – Glass Onion
The Council continued the Glass Onion petition for a victualling house license to the next Council meeting. Editor’s Note: Councilman Edward Silveira Jr. recused himself from this issue.
License Approved
The Council unanimously approved a Drain Layer’s License for
KM Gladding Excavating,
Special Events Permits Granted
The Council unanimously granted special events permits to the following:
Councilwoman M. Theresa Santos inquired as to the cost for police during the marathon and was assured by Town Administrator Gerry Kempen that the sponsors of the event will pay for the police details.
Licensing Fees Increased
The Council unanimously adopted, on its second reading, an ordinance to increase various licensing fees in order to bring them in line with neighboring communities.
EPA Brownfield Grant
RIDEM Riparian Restoration Grant Matching Funds
Comprehensive Plan and Zoning Ordinance Amendments for “Landings”
Now that the former Anchorage Navy Housing is
privately-owned land, its designation in the Comprehensive Community Plan and
the Zoning Ordinance must be changed from Public Use to High-Density
Residential. The Planning Board also
determined that it would be appropriate at this time to change the designation
of the abutting Coddington Cove Navy Housing to High Density Residential in the
Comprehensive Community Plan. The
Council held a Public Hearing for both of these ordinances, in which only Tom Nunes and his mother Elsie spoke, complaining of the
excessive noise on
Zoning Amendment Ordered Advertised
The Council unanimously ordered advertised for Public Hearing a proposed zoning ordinance to:
Zoning Amendment for Community Residences and Family Day Care Homes
The Council unanimously ordered advertised for Public Hearing a proposed zoning ordinance to “regulate community residences and family day care homes to the maximum extent allowed by state law.”
New Police Station Entrance/Exit
Police Chief Anthony Pesare appeared before the Council seeking permission to petition the Zoning Board to allow two driveways at the new police station (one entrance and one exit) rather than the single driveway restricted by zoning regulations. Chief Pesare believes that it would be dangerous to have a single driveway, especially when a resident was entering and a cruiser was exiting in an emergency. In the interest of safety, the driveways should be separated contends the Chief. The Council concurred with the Chief’s opinion and authorized him to make application to the Zoning Board to seek the needed relief.
Alice Curran spoke to the Council objecting to a proposal to connect Forest Avenue to Buck Road via Plat 113 Lots 3 and 5 (Bayridge Multi-Family Development.) Citing the many entrances/exits nearby the proposed site, Ms. Curran said that the proposal would create a “hazardous condition.” Gail Greenwood, agreeing with Ms. Curran, then inquired as to the status of the traffic study for the area. Administrator Kempen said that the study had been completed and the Council will shortly hold a special meeting to discuss the study and recommended solutions.
Lease Purchase – Refuse Totes
Finance Director Shawn Brown sought permission, and received
unanimous Council approval; to enter into a $710,457 lease purchase agreement
with Cascade Engineering to supply the refuse totes (trash, paper, and
bottles/can) for
Pay-As-You-Throw (PAYT) Program Update
At the suggestion of Administrator Kempen, the Council unanimously approved the inclusion of one free bag with each trash tote delivered – this will cost the Town approximately $13,600 in lost revenues. The Council sent back to Administrator Kempen for clarification and expansion, his suggestion to require a handicapped license plate for individuals with special needs seeking an exemption from curbside pickup.
Trash Disposal Contract Approved
The Council unanimously approved the contract with Rhode
Island Resource Recovery Corporation to accept
Surplus Property to be Sold
The Council unanimously authorized Finance Director Brown to sell at auction sixteen surplus items, consisting of vehicles, computer printers, boat, scooters, generator, etc. Finance Director Brown indicated that in addition to the normal method of selling surplus assets, he intends to use EBay, Craig’s List, and other web sites.
Missing Items
The DVD, for whatever reason, missed the following items:
Technology Advisory Committee Survey
The Technology Advisory Committee proposed an electronic
survey to determine the use and effectiveness of the
Appointments
The Council unanimously made the following appointments:
Lynda Bronaugh Resigns
The Council unanimously accepted the resignation of Lynda M. Bronaugh from the Library Board of Trustees and directed the Town Clerk to send her a Town Tile and a letter of appreciation for her volunteer service.
No one requested to address the Council during the public forum session.
DISCLAIMER: The preceding account is a synopsis of the meeting. Every effort was made to identify accurately
each speaker and his comments; however, the
OCTOBER 15, 2007
President Paul Roderiques called the meeting to order at 6:59pm. All Council members were present.
Liquor License
The Public Hearing for the Class BV Alcoholic Beverage
License of Glass Onion,
The consent calendar was adopted unanimously without comment.
Victualling House License – Glass Onion
The matter of a victualling house license for the Glass Onion at its new location was continued until the November 5, 2007 meeting, pending the outcome of the liquor license transfer as noted above. Editor’s Note: Councilman Edward Silveira Jr. recused himself due to a “potential business conflict.”
Comprehensive Plan and Zoning Ordinance Amendments for “Landings”
Now that the former Anchorage Navy Housing is privately-owned land, its designation in the Comprehensive Community Plan and the Zoning Ordinance must be changed from Public Use to High-Density Residential. The Planning Board also determined that it would be appropriate at this time to change the designation of the abutting Coddington Cove Navy Housing to High Density Residential in the Comprehensive Community Plan. With no comment from anyone at the Public Hearing, the Council unanimously adopted amendments to the Comprehensive Community Plan designating the Landings (former Anchorage Housing) and Coddington Cove Housing (Naval property) as high residential areas. With no comment from anyone at the Public Hearing, the Council unanimously adopted a zoning ordinance amendment changing the designation of the Landings (former Anchorage Housing) from Public (P) to Residential Multi-Family (RM).
SCADA System Contracts Awarded
A SCADA system is an automatic data collection and recording
of sewer pumping stations which will negate the need of daily manual inspection
of the fifteen sewer pumping station that exist in the town. The Council unanimously awarded an $182,870
contract to Elm Electrical, Inc.,
Legislative Agenda
At the suggestion of Councilman Louis DiPalma, the Council
agreed to meet in November (date to be established) with
Planning Board Appointment
To fill the vacancy on the Planning Board, Councilwoman Shirley Mello nominated Gladys B. Lavine and Councilman Edward Silveira Jr. nominated Francis Spillane. As is the Council custom, voting was taken in the order in which the nominations occurred. Gladys B. Lavine was appointed on a 5-2 vote with Councilmen DiPalma and Silveira voting in the negative. Since the vacancy was now filled there was no need to vote on the second nomination.
Wet-Weather Storage Feasibility Study
At the suggestion of RIDEM, the Town conducted a study to
determine the feasibility of creating a storage facility to hold the 1,500,000
gallons of water/sewerage overflow at the Wave Avenue Pumping station during
heavy storm days (occurring once annually) rather than allowing this overflow
to dump into the Atlantic Ocean at
Employee Handbook/Policies
Lynne Dible, Human Resource Manager, presented for Council approval a final proposed draft of a Town Employee Handbook and Town Policies. This manual and policies have been developed and reviewed since the fall of 2006. Councilman Robert Sylvia had a couple of questions regarding what the Town would do if an employee chose not to sign the form indicating receipt of the policy. Since there were some other legal questions regarding the manual, it was decided to refer the matter to the Town Solicitor for his review before the Council voted on its acceptance
No one requested to address the Council during the public forum session.
The Council adjourned at 7:58pm.
Editor’s Note:
Since I was on a cruise through the
NOVEMBER 5, 2007
Preceding the regular meeting was a special meeting to discuss an ordinance for appropriating revenues for the refuse & recycling fund. President Paul Roderiques called a five minute recess “for a bathroom break” and called the regular meeting to order at 7:07pm. At roll call, Councilman Louis DiPalma was absent but had called ahead to say that he was stuck in traffic and would arrive late.
Liquor License for The Glass Onion
Location Transfer
Attorney Robert Silva, representing the petitioners, explained that in the last few weeks every effort had been made to satisfy the objections of the nearby kindergarten/day care school, but to no avail. Attorney Silva asked “what is the real reason for the objection?” and answered his own question with “I believe it has nothing to do with this liquor license (but did not elaborate.)” Attorney Silva argued that the distance from the proposed restaurant to the actual school facility was greater than 200 feet; however the distance to the parking lot was less than 200 feet. Attorney Silva argued that the parking lot was NOT solely used by the school but was a parking lot used in common by the other tenants at this large commercial establishment. Attorney Jay Lynch, representing the objectors, simply reiterated the state law which prohibits the serving of liquor within 200 feet of a church or school. Town Solicitor Francis Holbrook rendered an opinion that the 200 feet cited in the state law should be measured from the nearest point of the building serving liquor to the property lot line of the school/church in question and therefore the Council cannot grant this license. The Council unanimously agreed to accept the Solicitor’s opinion leaving the petitioner with no choice but to appeal the decision to the Liquor Commissioner. Editor’s Note: Councilman Edward Silveira Jr. recused himself due to a “potential business conflict.”
Liquor Licenses Granted
With no one speaking at any of the public hearings, the Council unanimously granted the following liquor licenses transactions:
Editor’s Note: Councilman Edward Silveira Jr. recused himself from all of the above due to a “potential business conflict.”
The consent calendar was adopted unanimously without comment
.
Victualling House License – Glass Onion
Attorney Robert Silva asked that the Glass Onion petition for a victualling house license be withdrawn without prejudice so that it may be resubmitted if and when the liquor license matter is settled. The Council unanimously allowed the petition to be withdrawn without prejudice. Editor’s Note: Councilman Edward Silveira Jr. recused himself from this issue.
Licenses Approved
With little to no comment or debate, the Council unanimously approved the following licenses:
Editor’s Note: Councilman Edward Silveira Jr. recused himself from all of the above.
Special Events Permits Granted
The Council unanimously granted special events permits to the following:
Editor’s Note: Councilman DiPalma arrived at about this time.
RIDEM Riparian Restoration Grant Matching Funds
The Council unanimously approved funding to match the RIDEM Riparian Restoration Grants for 2006 and 2007. These grants will be used to control the invasive plants growing along Bailey’s Brook at the Valley (AP 108 Lot 4). $10,000 cash and $10,000 in-kind service are needed to match the 2006 grant and “something less than $59,000 cash” is needed to match the 2007 grant. Funds will come from the Undesignated Fund Balance,
Midway Pier Acquisition
Tina Dolan, Executive Director Aquidneck Island Planning
Commission, appeared before the Council seeking its approval to continue
pursuit of acquiring the Midway Pier and adjacent 5.64 acres at
John Vitkevich,
Manny Mello Request to Speak
Referencing the underground storage facility needed for
overflow at the
Building Inspector Car
The current 3-year plan to replace Building Inspector cars (one-a-year) has encountered a glitch in that the second car has encountered a breakdown requiring $2200 repairs. Instead of these repairs, the Administration was seeking Council permission to purchase a second new car this year ($13,000) using the budgeted funds for the Recycling Department that are not being used since a car from the Drug Forfeiture program was made available to that department. In previous years, the Building Inspector Department used old and surplus police vehicles; however, in recent years the surplus police vehicles have been deemed unfit for travel use and therefore unavailable to the Building Inspector Department. The Council was reluctant to purchase a new vehicle and suggested that the Administration purchase a used vehicle instead. President Roderiques asked “if we can save a few thousand bucks, why wouldn’t we?” On a 5-2 vote with Councilmen Silveira and Sylvia opposed, the Council directed the Administration to seek the acquisition of a used vehicle and report back at the next Council meeting.
Surplus Rescue Wagon to School Department
The Council unanimously agreed to give the Fire Department’s surplus rescue wagon to the School Department to be used as a maintenance vehicle. In jest, comments were made as to the feasibility of the Building Inspector using this vehicle!
Finance Director Shawn Brown asked for and received
unanimous Council approval to use the remaining and available balance from the
2001 loan to finance the Chase Estates and Coddington Manor projects and to use
the remaining and available balance from the 2005 loan to finance the
Garbage and Refuse Ordinance to be Modified
At the urging of Councilman Edward Silveira Jr., a discussion of the recently approved garbage & refuse ordinance occurred specifically as it impacts independent commercial haulers. Independent haulers serving commercial-only customers should not be impacted by this ordinance and insurance requirements on these independent haulers appear to be excessive. The Solicitor was directed to review the ordinance with and eye to clarifying commercial/residential distinctions and the Administrator was directed to review the insurance requirements for a possible change.
No one requested to address the Council during the public forum session.
Councilwoman M. Theresa Santos asked the people of
The Council adjourned at 9:13pm.
NOVEMBER 19, 2007
President Paul Roderiques called the meeting to order at 7:04pm.
All Council members were present.
One item on the consent calendar received additional
comment. Councilman Louis DiPalma
praised the Governmental Health Group of Rhode Island, Inc. (GHGRI) as an
example of a successful regionalization program. Created a few years ago by Finance Director
Shawn Brown and Human Resource Manager Lynne Dible,
this non-profit agency, consisting of eight communities including
Commendation for Shepherd and Shepherd
President Roderiques read and presented a commendation to
the Team of Shepherd and Shepherd (a
Fire Department Recognition
Fire Chief Stephen Martin introduced six new officers and the promotion of two others. The ceremony included the swearing-in of the oath of service as read by Town Clerk Wendy Marshall and the pinning-on of badges by family members. Paul Manning was promoted to the rank of Captain and John Pinto was promoted to the rank of Lieutenant. The new firefighters are:
A five minute recess was called to allow the Council chambers to clear.
Zoning Amendment
The Council unanimously received on its first reading a proposed zoning ordinance to:
No one from the public chose to speak on the issue. The amendment likely will be adopted on its second reading at the next meeting.
Zoning Amendment for Community Residences & Family Day Care
Homes
At the suggestion of Councilman DiPalma, Town Solicitor
Francis Holbrook drafted a zoning amendment ordinance to require a special use,
and public hearing, in order to “regulate community residences and family day
care homes (Group Homes) to the maximum extent allowed by state law.” Attorney Brian Bardorf
argued against this amendment as being “ill-advised” and risking bad publicity
or a lawsuit. Attorney Bardorf said that “once you give authority to regulate, you
give permission to discriminate.”
Several residents of the
DEM Recreation Acquisition & Development Grants
The Council unanimously gave the Town Planner permission to apply for two (2) $100,000 RIDEM grants for recreation acquisition & development (historic & passive). Each grant will require a Town match not to exceed $10,000 and the Council indicated these funds will come from proceeds of the Open Space & Recreation Bonds already approved by the voters.
Garbage & Refuse Ordinance
With no one from the public choosing to speak on the issue, the Council unanimously received on its first reading, an ordinance regulating garbage and refuse collection in the Town. Town Administrator Gerry Kempen took this opportunity to state that there has “not been a single reported incidence of illegal dumping” since the Pay-As-You-Throw (PAYT) program began on November 1st. The amendment likely will be adopted on its second reading at the next meeting.
GMH Property – Environmental Assessment
The Council received a report from Fuss & O’Neill of the
Phase I Environmental Assessment of the GMH property adjacent to the
Traffic Signals for
At the urging of the Police Department, the Council
unanimously accepted a DOT proposal to install “Driver Feedback” signs on
Vicious Dog Proceedings
Candice Seaman requested to speak on the process pertaining
to a vicious dog hearing. She related an
incident in which a pit bull attacked and mauled her Shepherd that she had been
walking on a leash and further bit her husband’s hand as he attempted to rescue
the Shepherd. Mrs. Seaman complained
that the result of the vicious dog hearing was not at all satisfying. Although the pit bull was declared to be
vicious, the three member board decided not to euthanize the dog, even though
it had made two similar attacks in
Building Inspector New Car Rejected
Continued from the previous meeting (see Middletown Newsletter 11/5/07) was the issue of purchasing a new car for the Building Inspector Department. Since the current vehicle needs $2200 repairs, Councilman DiPalma said that he doesn’t “want to throw good money after bad.” The motion to purchase a new car ($13, 501), however, was defeated on a 3-4 vote with Councilmen DiPalma, Silveira, and Sylvia voting in the affirmative. Councilwoman Shirley Mello then made a motion to repair the existing car ($2200) which was approved on a 4-3 vote with Councilmen DiPalma, Silveira, and Sylvia voting in the negative.
Gateway Hotel Granted Easement
A recent survey discovered that the Gateway Motel, built
more than fifty years ago, has a small piece of the building encroaching on
Town property at
Project Status Communication
Councilman DiPalma asked the Administration to provide a monthly status report of Town projects. A minor discussion ensued as to what constitutes a project and what information should be contained in the report. The Council unanimously approved the concept and directed the Administration to provide these monthly updates in the future.
Appointments
The Council unanimously made the following appointments:
No one requested to address the Council during the public forum session.
The Council recessed the regular meeting at 9:47pm in order to reconvene the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “(1) personnel, (2) potential litigation (Police Retirees), and (3) land acquisition.”
Editor’s Note:
The 10/1/07 Middletown Newsletter is now available in the archive section. I obtained the cable television DVD of
the meeting from the library, reviewed the DVD, and reported on that.
DECEMBER 3, 2007
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 is
one minute slow.
The attorney for Applebee’s Neighborhood Grill & Bar explained that the operation will remain exactly the same; however, the ownership has changed as a result of IHOP acquiring Applebee’s. With this explanation, the Council unanimously approved the transfer of the BV Alcoholic Beverage License to the new owner. Editor’s Note: Councilman Edward Silveira Jr. recused himself without explanation.
Two items on the consent calendar received additional comment:
Victualling House Licenses Granted
The Council unanimously approved the following Victualling House licenses:
Editor’s Note: Councilman Silveira recused himself on each item for “service related.”
Special Events License Granted for Christmas Party
The Council unanimously granted a Special Events License to
Advanced Financial Services to hold a Christmas Party on December 8, 2007 at
110
Victualling House Licenses Ordered Advertised
The Council unanimously ordered advertised for public hearing the following Victualling House Licenses:
Zoning Amendment
The Council unanimously adopted on its second reading a proposed zoning ordinance to:
The issue of wind turbines generated a considerable amount of discussion with contractors arguing in favor of allowing wind turbines. One contractor described a small wind turbine installed in a cupola on top of the house that is environmentally and aesthetically friendly. Anthony Spiratos, however, argued against all wind turbines stating that the strobe effect and low noise vibrations cause severe medical conditions known as “Wind Turbine Syndrome.”
Town Planner Ron Wolanski stated that the Planning Board will likely prepare a separate and comprehensive ordinance regulating wind turbines before the end of winter; however, the proposed ordinance should be adopted for the interim period. The proposed ordinance, as revised, would prohibit wind turbines in R10, R20, R30, and Multifamily residential zones; however, the Council felt that this was too restrictive. Instead the Council amended the ordinance before adopting it, thereby allowing wind turbines, as a Special Use, in all zoning districts.
Zoning Amendment for Community Residences & Family Day Care
Homes Adopted
The second reading and continued public hearing was held for
the zoning amendment ordinance to require a special use, and public hearing, in
order to “regulate community residences and family day care homes (Group Homes)
to the maximum extent allowed by state law.”
Attorney Brian Bardorf again argued against
this amendment as being “ill-advised” and cited a case in
Garbage & Refuse Ordinance
The Council unanimously adopted on its second reading, an ordinance regulating garbage and refuse collection in the Town.
Strategic Plan
At the urging of Councilman Louis DiPalma, the Council agreed to hold a half-day Strategic Planning Update Session as it has done in the two preceding years. Town Clerk Wendy Marshall was directed to determine feasible dates for this meeting.
Managerial Salary Guidelines
Completing a task before the end of his tenure at
Gail Holmes Resigns
The Council unanimously accepted the resignation of Gail Holmes from the Economic Development Advisory Committee and directed that a letter of thanks and a Town tile be sent to her in appreciation of her volunteer efforts.
No one requested to address the Council during the public forum session.
The Council recessed the regular meeting at 8:41pm in order to reconvene in Executive Session. As indicated in the docket agenda, the Executive Session was held for the matter of “(1) personnel (Town Administrator matters), and (2) collective bargaining (Town Hall).”
"The Impossible
Dream" is from the Man of La Mancha Soundtrack
(Original 1965 Broadway Cast) copyright ©1973 MCA Records, Inc.