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APRIL 7, 2008 MIDDLETOWN TOWN COUNCIL MEETING

“Sorry for the delay,” said President Paul Roderiques as he called the meeting to order at 7:10pm. Councilwoman Shirley Mello was absent. Editor’s Note: Time is quoted from the wall clock. The wall clock is three minutes slow.

Police Ceremonies

Police Chief Anthony Pesare announced the retirement and read a short biography of Detective Lieutenant Peter P. Coen. President Roderiques presented Lt. Coen a plaque and a Town Tile. Chief Pesare then announced the promotion of three officers (Lieutenant Frederick M. Bodington III, Sergeant Kelly Mitchell, and Detective Richard D. Gamache) and the hiring of a new officer (Michael Maruska). Chief Pesare read a short biography of each, a family member pinned the new badge on each respective officer, and a ceremonial first salute was made. President Roderiques then declared a short recess to allow those wishing to leave time to vacate the chambers.

Liquor License Transfer Approved

With no one asking to speak at the Public Hearing, the Council unanimously approved the transfer of the Class A Alcoholic Beverage License currently held by Lazar’s Package Store, 554 West Main Road to Gerald S. Kempen. Additionally, the Council unanimously approved the name change (Goode Spirits) and location change (1360 West Main Road) upon fire inspector and building inspector approval of the new location.

Thirty-item Consent Calendar

Four items on the consent calendar received additional comment:

Councilwoman Barbara Barrow wanted to change the proposed list of projects to be included in the Town’s application for the FY 2008 Community Development Block Grant (CDBG), specifically deleting the $25,000 for Child & Family construction of a new facility. Stating that the multi-million dollar facility to be built demonstrates that Child & Family has sufficient monies and the $25,000 grant could be used in a more effective way at Oxbow by the Middletown Substance Abuse Prevention Task Force. Councilman Edward Silveira Jr. argued against the deletion of the Child & Family grant and in the end made a motion to submit the project list as proposed which was adopted on a 4-2 vote with Councilwomen Barbara Barrow and M. Theresa Santos opposed.
The Charter Review Committee’s recommendations were questioned by two residents as to the timeliness of submission and the appropriate use of the correct charter. Town Solicitor Francis Holbrook explained that the original submission of the recommended changes was done within the one-year time frame and the discrepancy of wrong charter references has been resolved. April 17^th has tentatively been scheduled as the date for a Public Hearing on these proposed changes.
The receipt of the proposed FY 2008-2009 Budget on the Consent Calendar was criticized by resident Antone Viveiros stating that such financial matters should be placed on the regular docket. Interim Town Administrator Shawn Brown argued that this perfunctory function had been done in a special meeting, in previous years, in which no citizens attended. Councilwoman Santos and Councilman Silveira argued the matter of budget placement (Consent Calendar vs. regular docket) and the issue was finally resolved by a unanimously approved motion that, in the future, all financial matters will be placed on the regular docket. The two Public Hearings on the FY 20008-2009 are tentatively scheduled for May 12^th and May 22^nd.
Resident Ronald Santa addressed the emergency sole source contract for roof/restroom repairs at the Sachuest Beach Building. Stating that he had no objection to the contract and that the work certainly needed to be done, Mr. Santa argued that the last minute observation of these needed repairs, necessitating an emergency sole source contract, was a poor reflection on the work of all those involved – the beach employees, the beach manager, and the Beach Commission.

Licenses Granted

The Council unanimously granted the following licenses:

Holiday License – BJ’s Optical, 173 East Main Road
Sunday Selling License – Lazar’s Package Store, 554 West Main Road
Drain Layers License – Catalano Construction, Cumberland, RI
Drain Layers License – A. DiFazio Construction Co., Johnston, RI

Special Events Permit Granted

The Council unanimously granted the following Special Event permits:

May 9-10, 2008 @ Gaudet Middle School Track – American Cancer Society, Relay For Life of Aquidneck Island (fee unanimously waived). 400-500 persons and 200 motor vehicles each day.
July 26, 2008 @ Newport Vineyard’s, 909 East Main Road – Aquidneck Land Trust, Fiesta Verde. 500 persons and 250 motor vehicles.
October 12, 2008 @ Atlantic Beach Club – MacLellan and Walecka Wedding. 200 persons and 30 motor vehicles.
September 21, 2008 @ Dunlap/Wheeler Park – Crowley/Hannan Wedding. 130 persons and 5-10 motor vehicles.

Conservation Subdivision Development Ordinance Ordered Advertised

The Council order advertised for Public Hearing a zoning ordinance amendment to allow a Conservation Subdivision Development as an alternative to a conventional subdivision design. The “conservation development provides for the preservation of open space while allowing for development that is designed to protect the natural, historical, and scenic values of the property.”

Zoning Ordinance Amendment for Kennel Ordered Advertised

The Council unanimously ordered advertised for Public Hearing a zoning ordinance amendment to allow an animal kennel by special use in a General Business, Limited Business, Office Business and Light Industrial zoning districts. This amendment is being sought by the Newport Animal Hospital, 333 Valley Road, in order to offer an indoor boarding service to its clients.

Zoning Code Section 602 Referred to Planning Board

Judith and Charles Saccardo, 27 Algonquin Drive, requested the Council to reconsider Section 602 of the Zoning Code which allows two-family dwellings in certain residential districts. Stating that two-family dwellings will “destroy the quality of life” in her neighborhood which currently consists of all single-family homes, Mrs. Saccardo asked the Council for relief. The Council unanimously referred the matter to the Planning Board for its consideration and Town Planner Ron Wolanski explained that the Board will meet at 6:30pm on Wednesday at which time residents could attend and speak on this item.

The Pocasset Bridge Case

Norman Champagne, 110 Maple Avenue, spoke in support of Senate Bill S-2384 for naming the new bridge to be built connecting Portsmouth and Tiverton as The Pocasset Bridge. Mr. Champagne gave a detailed historical account of the name Pocasset, indicating its prominence to Providence and Warwick, and lamenting the fact that the name Pocasset doesn’t currently appear anywhere in Rhode Island. In the end the Council unanimously supported the inclusion of the name Pocasset in the list of names to be considered for the new bridge.

Appointment Process Criticized

Antone Viveiros criticized the Council’s appointment process suggesting that all applicants should receive a vote. The current process involves a Council vote on the nominations as submitted. Once a sufficient number of applicants are appointed, the voting ends and the remaining nominees are excluded from consideration. Mr. Viveiros contends that this is an injustice to the remaining applicants; however, many Council members feel that this method prevents an embarrassment to applicants who might receive few or no votes of support. Councilman Silveira again cited his opposition to the appointment process and referred to his December 06 call for a review of the process (see Middletown Newsletter 3/19/07.) Councilman Silveira made a motion to review the process again and the Council unanimously directed the Administration to compare the appointment process to other communities.

Open Space Bond for Land Acquisition

Councilwoman Santos introduced a proposal from the Open Space and Field Committee to place a $2 million Bond referendum on the 2008 election ballot for the purpose of land acquisition. Currently the Town has $1.3 million available in the treasury for such purposes and has an authorization from the 2004 election to borrow another $2 million. Councilman Louis DiPalma asked that a tax impact statement be completed before authorizing another $2 million bond. Councilman DiPalma’s request was authorized by a unanimous Council vote.

Council Supports House Bill No. 7776

The Council unanimously adopted a resolution in support of H-7776 and any Senate version to be introduced which “would prohibit language in collective bargaining agreements between the state and certain state employees and between the cities and towns and their employees and in arbitration awards which contain language identifying a specific medical, dental or optometric medical insurance company.” Editor’s Note: this would eliminate the sole source medical insurance plans, such as Blue Cross, in the Teacher’s and other municipal employee’s contracts.

Portable Toilet Contract Awarded

With President Roderiques recusing himself since a nephew works for the company, the Council unanimously awarded a $19,680 contract to Hallman’s Septic and Portable Toilets, LLC, Portsmouth, RI (low bidder) for portable toilet services at the Sachuest Beaches and the Town’s athletic fields. Funds are to be paid out of the Beach Operating Budget.

Sachuest Beach Building Masonry Restoration Contract Awarded

The Council unanimously awarded a $27,900 contract to Capeway Roofing Systems, Inc., Westport, MA (low bidder) for the masonry restoration of the Sachuest Beach building. Funds are to be paid out of the Parks & Recreation Fund Balance.

Appointments

The Council unanimously made the following appointments

Charles P. Ryan – Senior Citizens Center Board of Directors
John O’Donovan – Information Technology Committee
Steve Fagan – Open Space and Fields Committee
Andrew Leys – Open Space and Fields Committee
William J. Flynn – Pension Trust Fund Investment Committee
Melissa Massey – Zoning Board of Review *
Richard Camba – Zoning Board of Review 1^st Alternate *
Stephen J. MacGillivray – Zoning Board of Review 2^nd Alternate *
Gregory S. Schultz – Zoning Board of Review 3^rd Alternate *

* President Roderiques and Councilman Silveira recused themselves from these votes since a relative was an applicant.

Editor’s Note: For each of the above appointments, either Councilman DiPalma or Councilman Silveira nominated all applicants other than those that were appointed even though none of these nominations made it to a vote.

PUBLIC FORUM SESSION

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

The Council recessed the regular meeting at 9:22pm in order to reconvene in Executive Session. As noted in the docket, the purpose of the Executive Session was “land acquisition, collective bargaining, and personnel.”

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