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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 curbsid