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MAY 19, 2008
The preceding meeting concerning Town Hall Department Budgets was concluded at 7:01pm.
President Paul Roderiques called this meeting to order at
7:09pm. Councilwoman Barbara Barrow was
absent at the start of the meeting but arrived at 8:14pm. Editor’s
Note: Time is quoted from the wall clock.
The wall clock is three minutes slow.
Why this clock remains three minutes slow is a mystery since everybody
appears to know that it is slow. During
the preceding meeting President Roderiques pointed out that the meeting must
end because it was 7:00 o’clock and
the regular meeting must begin, even though the wall clock indicated that the
time was 6:57pm!
License Advertized
The Council unanimously ordered advertized for Public
Hearing a new Class BV Alcoholic Beverage License for the Sakura Steakhouse,
An item on the consent calendar received additional comment
as Councilman Louis DiPalma referred to Interim Town Administrator Shawn
Brown’s memorandum explaining the impact of Senate Bill S-2650. If this legislation should pass and become
law,
Editor’s Note: Councilman Edward Silveira Jr. recused himself on Consent Calendar items 11 & 12 because they were “food services related”.
Special Event Permits
The Council unanimously granted three Special Event Permits
for the Norman Bird Sanctuary,
The Council unanimously approved an amendment to the Second Beach Mobile Concession contract to allow an additional food cart and parking space. Longade LLC intends to subcontract with King of Cotton Candy to provide additional food and beverage services. This expansion of services is granted for a one year period effective May 20, 2008. The Council also granted a new Hawker’s License to King of Cotton Candy to permit its operation in the Town. Editor’s Note: Councilman Edward Silveira Jr. recused himself on these matters because they was “food services related”.
The Council ordered advertized for Public Hearing an
amendment to the Comprehensive Community Plan to allow the implementation of
elements of the West Side Master Plan.
These changes are in anticipation of the Navy disposing of land parcels
that are within the
Conservation Subdivision Development Ordinance Adopted
On its second reading, the Council adopted a Zoning 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.” No one in the audience chose to speak at the Public Hearing. Editor’s Note: The Council also unanimously approved the Rules and Regulations for the Planning Board pertaining to this ordinance.
Zoning Ordinance Amendment for Kennel – First Reading Continued
On its first reading, the Council received 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 matter was continued
from the previous Council Meeting of May 5, 2008 when Councilwoman M. Theresa
Santos fell ill and was transported to the hospital. This amendment is being sought by the
After many years of attempting to find a second entrance/exit to Commodore Perry Village, the Council unanimously approved the compromise proposed by the Planning Board that “the emergency access road connecting Buck Road to Forest avenue be acquired and improved for use as a full-access public highway” with four stipulations:
Mosquito Abatement Program to be Less
Toxic
At the request of the RI Lobstermen’s Association, the
Council unanimously passed a resolution stipulating that “the Town of
Antone Viveiros Submits Charter Revision Proposals
Indicating that he had not had the opportunity to present his comments to the Charter Review Committee, Antone Viveiros submitted eleven proposals for Charter revision and asked that these be considered by the Council when establishing a list for voter approval. The Council received Mr. Viveiros’s proposals without comment.
Pay-As-You-Throw (PAYT) Trash Removal Comments
Antone Viveiros asked the Council not to make any changes in
the PAYT program until at least one year of data has been established. Mr. Viveiros also encouraged the Council to
do more advertising about the program to encourage greater participation by the
residents. Mr. Viveiros also stated that
many residents are depositing their trash at friends or relatives in
Police Retention Study Group Recommendations
The Police Retention Study Group submitted its report to the Council which included the following recommendations:
The Council accepted the report and indicated to the Administrator to proceed with the recommendations.
Strategic Plan Update
At the urging of Councilman Louis DiPalma, the Council
unanimously voted to establish a Steering Committee to propose an update to
Aquidneck Island School/Municipal Study Group Awarded $2000
The Council unanimously awarded $2000 to the Aquidneck Island School/Municipal Study Group to continue its work. This group will be focusing its efforts on a study relating to school regionalization
The Council unanimously awarded a $31,448 contract to the
New England Recreation Group, Inc.,
Open Space Bond
For informational purposes only, Interim Administrator Brown presented the Council the necessary resolution, bond act, and cost analysis of a $2 million Open Space Bond for the purpose of acquiring open space land. Councilman Silveira reminded the Council that it currently has $1.3 million available and an additional $2 million bond approved but not yet borrowed for this purpose. The Council took no action at this time toward putting such a $2 million bond referendum on the November ballot.
Stormwater – Easton’s Bay
For informational purposes only, Interim Administrator Brown
explained current talks he has been having with the City of
NAACP Golf Tournament Awarded $100
The Council unanimously awarded $100 from the President’s Discretionary Fund to support the NAACP Annual Golf Tournament to be held on June 21, 2008.
Senior Class Prom Awarded $200
The Council unanimously awarded $200 from the President’s Discretionary Fund to support the Middletown High School Senior Class post prom activities.
Tax Cancellation
The Council unanimously cancelled the taxes on a list of taxpayers which had been deemed uncollectable
Full Disclosure Administrator Kempen Dismissal
In a letter to the Council, Councilman Robert Sylvia indicated that he was making a motion “to extend an invitation to our former Town Administrator Mr. Kempen, to appear before us at a public hearing to discuss in detail the reasons for his departure from town service.” Councilman Sylvia’s rational for this motion was stated in paragraph three of his letter which read: “In the public and government affairs arena, the perception of this council is that we pay hush money, conspire to cover-up violations of our Town Charter and that we have abused our elected powers. We must advocate making our actions transparent.”
Solicitor Holbrook explained that he had “taken a serious look at this issue” and concluded that this issue had been raised on a number of occasions, the latest being at the May 1, 2008 meeting. Therefore according to Roberts Rule of Order and the Rules of the Council, a new motion would not be proper and a reconsideration of the motion made at the May 1, 2008 meeting which had been defeated on a 3-3 vote is the only option available. Such reconsideration must be introduced by a member of the prevailing side (President Roderiques, Councilwoman Mello, or Councilwoman Santos.) Councilman Silveira then asked how much time and money Solicitor Holbrook had expended “protecting the majority of this Council” - Solicitor Holbrook resented this remark.
Councilman Sylvia agreed that Solicitor Holbrook’s conclusion that a reconsideration of the previous motion was correct but asked if Solicitor Holbrook had considered the possibility of rescinding, rather than reconsidering, the previous motion. Solicitor Holbrook stated that he had not considered the possibility of rescinding and Councilman Sylvia said that that is the process he wishes to pursue.
Councilman Silveira then read a letter from former Administrator Kempen indicating his willingness to discuss this matter in open public hearings.
Councilwoman Barbara Barrow and Councilwoman Shirley Mello explained that the severance package was agreed to by the Council because they felt it would be cheaper than a law suit which apparently Mr. Kempen had threatened.
As the bickering increased and each Council member spoke in a louder voice, President Roderiques spoke in defense of his thirteen years of service to the Town indicating his objection to the implication that he had done something wrong and was shouldering the blame for all of the residents’ mistrust of the Council. President Roderiques indicated that during the negotiations with Mr. Kempen, the Council had three times offered a public hearing on the matter which Mr. Kempen had rejected. Now that Mr. Kempen has his separation package, liquor license, and liquor establishment location, he is willing to discuss the matter in a public hearing!
President Roderiques introduced a motion to allow a Public Hearing on this matter provided Mr. Kempen returns all monies in the separation package agreement and divulges all personnel records, including his performance ratings. This motion passed on a 4-3 vote with Councilmen DiPalma, Silveira, and Sylvia opposed.)
Editor’s Note: The motion made and approved by the Council is a façade! Clearly, no intelligent person would return all monies in a separation package won through a long negotiation process, and Mr. Kempen is not a stupid man. The motion by the Council is a clever, but not so subtle, attempt to keep the lid on the jar and to keep the residents of the Town in the dark! Such action will aggravate the citizen’s mistrust and will further expand the notion that this Council is hiding something extremely important. The Council majority must reverse its position and do the right thing. Hold an open public meeting to clear the air!
Appointment
The Council unanimously appointed Sally Bloomfield to the Personnel Review Board.
No one requested to address the Council during the public forum session.
The Council recessed the regular meeting at 9:25pm in order to reconvene in Executive Session. As noted in the docket, the purpose of the Executive Session was “(1) personnel and (2) potential litigation.”
Editor’s Note: The two Public Hearings on the FY 20008-2009 budget are scheduled for May 20th and May 28th
"The Impossible
Dream" is from the Man of La Mancha Soundtrack
(Original 1965 Broadway Cast) copyright ©1973 MCA Records, Inc.