by Tom FerrioFor the previous two Council meetings I tried live-blogging as I watched the meeting on ClerkBase.
This being the last regular meeting before the election I decided I would rather have a better view of the meeting than ClerkBase provides (I miss the "RayTV" version with closeups).
Also I figure candidates should demonstrate an interest in what is happening. I'm a Council candidate and it's easier to show interest in person than watching on my computer.
I went to the meeting expecting it to be short, based on the agenda. But a couple items could lead to surprises. The Affordable Housing items, in particular, have gotten considerable attention in The Westerly Sun, in a CCA email (can't find link at this time), and here.
1. CALL TO ORDER, Moment of Silence, Pledge of Allegiance
2. ROLL CALL, Motion to move items 15b, 18a and 12 to be heard next on the agenda.
All Councilmembers were present tonight.
Mr. Gentz explained that items are moved up to accommodate outside guests.
17. APPOINTMENTS AND RESIGNATIONS
“CA” a. Acceptance of the resignation of Kim Zito from the Affordable Housing Commission with regret
“CA” b. Acceptance of the resignation of Richard F. Newton, Jr. from the Wastewater Management Commission with regret NOTE: Former CCA officer. Says he's writing a book - hope it's about the CCA
“CA” c. Reappointment of Robert W. Beggs, Jr. to the Economic Improvement Commission, term to expire in September of 2015
“CA” d. Acceptance of the resignation of Charee Jackson Andersen from the Affordable Housing Commission with regret
“CA” e. Acceptance of the resignation of Linda L. Fabre from the Planning Commission with regret
3. PUBLIC COMMENT for items not on the Agenda
Terese Martin stood to speak to complain about the sign ordinance and the enforcement of it. Two other Crossland Street business owners accompanied her. They feel that within the current rules and regulations businesses find it difficult to survive. A fourth person intended to accompany them but has closed her business and moved to Westerly. There is no real town center and visitors to our town do not know of local businesses and cannot find them. She asked for something like neighborhood signs that could highlight local businesses.
She was referred to the Economic Improvement Commission and to attend the Zoning hearing.
4. COUNCIL COMMENTS
Lisa DiBello spoke to commend everyone helping out on the Harvest Festival.
Marge Frank spoke to thank the citizens for allowing her to serve on the Council. She spoke for civility and compromise.
Dan Slattery spoke to thank the police Chief and officers for their work to reduce vandalism and trespassing in certain locations. He also thanked Public Works for the road improvements. Also, he thanked the Town Clerk for responding to the change in polling places by preparing a paper Pipeline newsletter to notify voters.
Slattery announced an Executive Session next week that will include discussion of the new Mageau lawsuit and a discussion of the Whalerock lawsuits.
5. PERSONS WISHING TO BE HEARD - None
6. ADMINISTRATOR, SOLICITOR, COMMISSION REPORTS
Tom Gentz explained that this is an open discussion of items for the next Council to look at and pass to the legislators. Tom suggested 3 items: again attempting the proposed 1-yr moratorium on Low-Moderate Income Housing (LMIH) comprehensive permits, reconvening the State LMIH study group and working with the state to prepare funding for dredging the Quonnie breachway. Slattery suggested adding that state educational mandates hamstring the school districts to review whether they should be removed.
b. Presentation by George Tremblay, Planning Commission member, of his Low to Moderate Income Housing report, discussion and potential action regarding a resolution for the same
Mr. Gentz explained that items are moved up to accommodate outside guests.
15. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
b. Resolution urging swift review by State Regulators of the Westerly Hospital conversion application
The bankruptcy receiver of the Westerly Hospital has asked the Council to sign on to this resolution encouraging rapid processing of the proposed purchase of the hospital. The Council agreed to this unanimously.
18. FISCAL MATTERS
a. Approval of the Affordable Housing bond application from the Washington County Community Development Corporation for $325,000 in acquisition funding for the Church Woods Project with conditions as recommended through advisory opinions from the Affordable Housing Commission, the Conservation Commission and the Planning Commission.
b. Resolution urging swift review by State Regulators of the Westerly Hospital conversion application
The bankruptcy receiver of the Westerly Hospital has asked the Council to sign on to this resolution encouraging rapid processing of the proposed purchase of the hospital. The Council agreed to this unanimously.
18. FISCAL MATTERS
a. Approval of the Affordable Housing bond application from the Washington County Community Development Corporation for $325,000 in acquisition funding for the Church Woods Project with conditions as recommended through advisory opinions from the Affordable Housing Commission, the Conservation Commission and the Planning Commission.
This is the second round of funding requested for this project and will provide for acquisition of the land. The money will not be released to the project until the rest of the needed funding is lined up. The project will still need to go before the Planning Commission for approval of the development.
Mr. Gentz read the advisory opinion written by the Affordable Housing Commission and the conditions in that advisory were accepted by the Council.
There was no further discussion or public comment and the funding was approved unanimously.
12. CONSENT AGENDA All items marked with “CA” are to be considered consent agenda NOTE: “Consent agenda” means items that are not considered controversial are voted on as a bloc without debate. Motion to accept approve and place on file the following as the consent agenda: 11a, 13a, 13b, 15a, 16a, 17a, 17b, 17c, 17d, 17e, 18b, 18c, 18d
Mr. Gentz read the advisory opinion written by the Affordable Housing Commission and the conditions in that advisory were accepted by the Council.
There was no further discussion or public comment and the funding was approved unanimously.
12. CONSENT AGENDA All items marked with “CA” are to be considered consent agenda NOTE: “Consent agenda” means items that are not considered controversial are voted on as a bloc without debate. Motion to accept approve and place on file the following as the consent agenda: 11a, 13a, 13b, 15a, 16a, 17a, 17b, 17c, 17d, 17e, 18b, 18c, 18d
Lisa DiBello requested that item 15a be removed from the consent agenda.
Tom Gentz asked that 18e be added to the consent agenda as being routine. Affordable Housing Commission Chair Evelyn Smith agreed.
These were all accepted as routine so I won’t clutter up my report with them. However, I’ll leave the Commission resignations and reappointment and notice of the meeting to discuss the reconstruction of Klondike Road here for your reading interest.
16. COMMUNICATIONS AND PETITIONS
“CA” a. Memo from Alan A. Arsenault, Director of Public Works, giving notice of a public meeting for the purpose of presenting plans for reconstruction of Klondike Road from Old Post Road to its’ intersection with Ross Hill Road, to be held on Thursday, October 25, 2012 at 7:00 p.m.
Tom Gentz asked that 18e be added to the consent agenda as being routine. Affordable Housing Commission Chair Evelyn Smith agreed.
These were all accepted as routine so I won’t clutter up my report with them. However, I’ll leave the Commission resignations and reappointment and notice of the meeting to discuss the reconstruction of Klondike Road here for your reading interest.
16. COMMUNICATIONS AND PETITIONS
“CA” a. Memo from Alan A. Arsenault, Director of Public Works, giving notice of a public meeting for the purpose of presenting plans for reconstruction of Klondike Road from Old Post Road to its’ intersection with Ross Hill Road, to be held on Thursday, October 25, 2012 at 7:00 p.m.
17. APPOINTMENTS AND RESIGNATIONS
“CA” a. Acceptance of the resignation of Kim Zito from the Affordable Housing Commission with regret
“CA” b. Acceptance of the resignation of Richard F. Newton, Jr. from the Wastewater Management Commission with regret NOTE: Former CCA officer. Says he's writing a book - hope it's about the CCA
“CA” c. Reappointment of Robert W. Beggs, Jr. to the Economic Improvement Commission, term to expire in September of 2015
“CA” d. Acceptance of the resignation of Charee Jackson Andersen from the Affordable Housing Commission with regret
“CA” e. Acceptance of the resignation of Linda L. Fabre from the Planning Commission with regret
3. PUBLIC COMMENT for items not on the Agenda
Terese Martin stood to speak to complain about the sign ordinance and the enforcement of it. Two other Crossland Street business owners accompanied her. They feel that within the current rules and regulations businesses find it difficult to survive. A fourth person intended to accompany them but has closed her business and moved to Westerly. There is no real town center and visitors to our town do not know of local businesses and cannot find them. She asked for something like neighborhood signs that could highlight local businesses.
She was referred to the Economic Improvement Commission and to attend the Zoning hearing.
4. COUNCIL COMMENTS
Lisa DiBello spoke to commend everyone helping out on the Harvest Festival.
Marge Frank spoke to thank the citizens for allowing her to serve on the Council. She spoke for civility and compromise.
Dan Slattery spoke to thank the police Chief and officers for their work to reduce vandalism and trespassing in certain locations. He also thanked Public Works for the road improvements. Also, he thanked the Town Clerk for responding to the change in polling places by preparing a paper Pipeline newsletter to notify voters.
Slattery announced an Executive Session next week that will include discussion of the new Mageau lawsuit and a discussion of the Whalerock lawsuits.
5. PERSONS WISHING TO BE HEARD - None
6. ADMINISTRATOR, SOLICITOR, COMMISSION REPORTS
No discussion on administrator and solicitor reports.
Evelyn Smith spoke as Chair of the Affordable Housing Commission, to advocate for State ballot item number 7 authorizing Affordable Housing bonds.
7. UNFINISHED BUSINESS
a. Discussion and potential action regarding the job description of the Town Administrator as submitted by the Town Administrator ad hoc Search Committee
Dick Sartor, representing the ad hoc Search Committee, explained the creation of the job description that will be used in the Town Administrator search. Marge Frank suggested specifically adding a statement that our form of government is Town Council-Town Administrator so it is clear.
Mr. Sartor explained that the interview process would not really get underway prior to the election. The new Council will have to decide the status of the ad hoc Search Committee and how it proceeds.
The job description was approved unanimously with Ms. Frank’s addition.
b. Discussion and potential action regarding Town Council rule 5.1 relative to the November 13, 2012 regular Town Council meeting
Evelyn Smith spoke as Chair of the Affordable Housing Commission, to advocate for State ballot item number 7 authorizing Affordable Housing bonds.
7. UNFINISHED BUSINESS
a. Discussion and potential action regarding the job description of the Town Administrator as submitted by the Town Administrator ad hoc Search Committee
Dick Sartor, representing the ad hoc Search Committee, explained the creation of the job description that will be used in the Town Administrator search. Marge Frank suggested specifically adding a statement that our form of government is Town Council-Town Administrator so it is clear.
Mr. Sartor explained that the interview process would not really get underway prior to the election. The new Council will have to decide the status of the ad hoc Search Committee and how it proceeds.
The job description was approved unanimously with Ms. Frank’s addition.
b. Discussion and potential action regarding Town Council rule 5.1 relative to the November 13, 2012 regular Town Council meeting
Tom Gentz suggested that they meet on November 13 at 5:30 pm with only essential business rather than the full agenda because that will be after the election. The agenda meeting will be on November 7.
8. NEW BUSINESS
a. Discussion and potential action regarding the determination of legislative priorities for presentation to the Washington County legislators in Mid Decembe
8. NEW BUSINESS
a. Discussion and potential action regarding the determination of legislative priorities for presentation to the Washington County legislators in Mid Decembe
Tom Gentz explained that this is an open discussion of items for the next Council to look at and pass to the legislators. Tom suggested 3 items: again attempting the proposed 1-yr moratorium on Low-Moderate Income Housing (LMIH) comprehensive permits, reconvening the State LMIH study group and working with the state to prepare funding for dredging the Quonnie breachway. Slattery suggested adding that state educational mandates hamstring the school districts to review whether they should be removed.
b. Presentation by George Tremblay, Planning Commission member, of his Low to Moderate Income Housing report, discussion and potential action regarding a resolution for the same
This was our big discussion topic of the evening. Mr. Tremblay presented his report. We will provide a link to the video when it is available.
Dan Slattery prompted Mr. Tremblay to say that he knew of no study of the effectiveness of LMIH and that the goal of 10% LMIH units was arbitrary and has not been reviewed. Mr. Tremblay stated that LMIH was big business, a product of the homebuilders association.
Evelyn Smith stood to make a number of criticisms of Mr. Tremblay’s report. She pointed out that no one with expertise in the field has reviewed the report as part of the process of bringing it to the Council. Similar to Mr. Tremblay’s comments, rather than try to paraphrase them in real time we will give a link to her comments in the video when it is available.
Evelyn Smith stood to make a number of criticisms of Mr. Tremblay’s report. She pointed out that no one with expertise in the field has reviewed the report as part of the process of bringing it to the Council. Similar to Mr. Tremblay’s comments, rather than try to paraphrase them in real time we will give a link to her comments in the video when it is available.
Mr. Gentz asked Geoff Marchant to speak. He agreed with Tremblay and Smith that 120% priced houses do not make sense in today’s market. Lisa DiBello asked for Marchant’s opinion about taking the action of sending this report and resolution to the towns and government officials. Marchant thought that the other towns he works in would have some sympathy for looking at the Act. He said specific actions may or may not be supported. Regarding the report itself, Marchant thought sending that out to the other towns would result in daunting work for the other towns’ staff, before they could bring it to their Councils for action.
Marge Frank and Gregg Avedisian stated that they want an opinion on the report by the Affordable Housing Commission, our Commission responsible for this subject, before sending it out to people across the State. Tremblay responded to Smith’s comments of need as anecdotal, not data driven. Tremblay dismissed the idea of having this reviewed by the AHC, saying he saw no merit in it. Tremblay said that he did not understand Marchant’s idea that the data is too difficult for other towns to analyze. Tremblay said that he knows he will not recognize his report when it comes back from the AHC.
Tremblay explained himself as not claiming affordable housing is not needed, but that we need to better analyze the need.
Marge Frank and Gregg Avedisian stated that they want an opinion on the report by the Affordable Housing Commission, our Commission responsible for this subject, before sending it out to people across the State. Tremblay responded to Smith’s comments of need as anecdotal, not data driven. Tremblay dismissed the idea of having this reviewed by the AHC, saying he saw no merit in it. Tremblay said that he did not understand Marchant’s idea that the data is too difficult for other towns to analyze. Tremblay said that he knows he will not recognize his report when it comes back from the AHC.
Tremblay explained himself as not claiming affordable housing is not needed, but that we need to better analyze the need.
Melina Lodge questioned how Mr. Tremblay stated that Affordable Housing cannot help the homeless, because it can. She also stated that there is more than anecdotal evidence of people sleeping in cars, tents, and Burlingame Park.
Ruth Platner explained that the comprehensive permitting used to apply to rentals but the law changed to include homes for purchase up to 120% AMI, making those projects more attractive to commercial developers and putting pressure on towns.
Tom Gentz read the resolution and reminded the Council that they unanimously approved two similar initiatives last year. He stated he is asking to send this to other people to be reviewed. Dan Slattery stated that he felt there was agreement that the State not mandate a 10% figure and let the Town decide on the level of need. Slattery suggested that the resolution could be sent forward without Tremblay’s report. Gentz disagreed, stated that the report is “the meat in the sandwich.”
Maureen Areglado stated that this is an initiative by the Planning Commission and there is no harm in including it. She said that a comparable study by the Affordable Housing Commission could be included if they produce one. She said it would be disrespectful of George’s work if it is not included.
Evelyn Smith spoke to say that the common ground is well-covered in Tremblay’s conclusions. Specifically that 120% AMI for-purchase homes in for-profit density-bonus developments is a bad policy. She went on to explain that the density bonus is not demanded by the State, that the town needs to establish the municipal subsidy ordinance. And it has not done so despite several suggestions. Sending out letters to others in the State without establishing that ordinance will make Charlestown look bad.
Faith LaBossiere of the Affordable Housing Commission explained that she has done her own study on the need for Affordable Housing. She would like to see the law change to limit how the forthcoming State bond money can be used. She stated that sending this out to other towns will be good because it may start the conversation. This would give that opportunity for the conversation, as soon as possible.
Slattery amended his previous comments to say that the resolution could be sent out without the report but referencing it and stating that it is available, perhaps even saying that the Affordable Housing Commission is reviewing the report. Gentz stated that he feels that the data makes the resolution more important, not just another Charlestown initiative.
Ron Areglado suggested that sending the report with the resolution is not an endorsement of Tremblay’s report. (Note: I read the resolution as a strongly implied endorsement.)
After discussion the resolution was adjusted to remove some of the “whereas-es” and state that the report is being sent to the Affordable Housing Commission for review in addition to being sent to all the towns and state legislators. In this form it passed unanimously.
9. PUBLIC HEARINGS
a. Public hearing and potential action on Ordinance #354 amending Chapter 218 Zoning Map Change, Plat 29, Lot 91 – Heavers, Richard Estate of.
Ruth Platner explained that the comprehensive permitting used to apply to rentals but the law changed to include homes for purchase up to 120% AMI, making those projects more attractive to commercial developers and putting pressure on towns.
Tom Gentz read the resolution and reminded the Council that they unanimously approved two similar initiatives last year. He stated he is asking to send this to other people to be reviewed. Dan Slattery stated that he felt there was agreement that the State not mandate a 10% figure and let the Town decide on the level of need. Slattery suggested that the resolution could be sent forward without Tremblay’s report. Gentz disagreed, stated that the report is “the meat in the sandwich.”
Maureen Areglado stated that this is an initiative by the Planning Commission and there is no harm in including it. She said that a comparable study by the Affordable Housing Commission could be included if they produce one. She said it would be disrespectful of George’s work if it is not included.
Evelyn Smith spoke to say that the common ground is well-covered in Tremblay’s conclusions. Specifically that 120% AMI for-purchase homes in for-profit density-bonus developments is a bad policy. She went on to explain that the density bonus is not demanded by the State, that the town needs to establish the municipal subsidy ordinance. And it has not done so despite several suggestions. Sending out letters to others in the State without establishing that ordinance will make Charlestown look bad.
Faith LaBossiere of the Affordable Housing Commission explained that she has done her own study on the need for Affordable Housing. She would like to see the law change to limit how the forthcoming State bond money can be used. She stated that sending this out to other towns will be good because it may start the conversation. This would give that opportunity for the conversation, as soon as possible.
Slattery amended his previous comments to say that the resolution could be sent out without the report but referencing it and stating that it is available, perhaps even saying that the Affordable Housing Commission is reviewing the report. Gentz stated that he feels that the data makes the resolution more important, not just another Charlestown initiative.
Ron Areglado suggested that sending the report with the resolution is not an endorsement of Tremblay’s report. (Note: I read the resolution as a strongly implied endorsement.)
After discussion the resolution was adjusted to remove some of the “whereas-es” and state that the report is being sent to the Affordable Housing Commission for review in addition to being sent to all the towns and state legislators. In this form it passed unanimously.
9. PUBLIC HEARINGS
a. Public hearing and potential action on Ordinance #354 amending Chapter 218 Zoning Map Change, Plat 29, Lot 91 – Heavers, Richard Estate of.
This refers to a parcel of land in northeast Charlestown that, though primarily swamp, was probably incorrectly zoned Open Space Recreation (OSR). Though the point never came up during the discussion of Ted Veazey’s request to remove the OSR zoning from the YMCA property, we now know that privately-owned land should not be zoned OSR. In order to help clear the Heavers estate the Council is now voting to change the zoning of this property.
Ruth Platner made a point of saying that Planning supports the change, but made it clear they were not saying this because OSR is inappropriate for privately-held land. (Editor: I wonder if this is presaging a discussion about the YMCA land which has now been purchased by an individual.)
This passed unanimously.
10. COUNCIL SITTING AS BEVERAGE LICENSING BOARD
This is a routine annual re-approval of alcoholic beverage licenses. These passed unanimously. I leave the following list so you can see who they are.
a. Order advertised for public hearing on November 13, 2012 the following applications for beverage license:
Charlestown Package Store Inc. d/b/a Charlestown Package Store – Class A
Richard C. Serra d/b/a Rippy’s Liquor & Marketplace – Class A
Charlestown Willows d/b/a Foster Pier Restaurant – Class BV Full
Birdmar Enterprizes Inc. d/b/a The Cove – Class BV Full
MGMR Group Inc. d/b/a/ Meadow Brook Inn – Class BV Full
Nordic Lodge Inc. d/b/a/ Nordic Lodge – Class BV Full
Old Wilcox Tavern Inc. d/b/a/ Wilcox Tavern – Class BV Full
C & E Pizza Inc. d/b/a Famous Pizza – Class BV Limited
Courtney Figarsky d/b/a Gentleman Farmer Diner – Class BV Limited
Craig T. Marr d/b/a The Breachway Grill LLC – Class BV Full
G.J.S.I., Inc.– Class B Tavern
Downey Weaver Post Building Assn. American Legion #34 – Class D Club
14. ANNOUNCEMENTS
a. Board and Commission vacancies
15. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
a. Resolution establishing uniform animal control fees
This item was removed from the consent agenda at the request of Lisa DiBello.
Evelyn Smith rose to comment. She expressed an opinion that something imposing fees should be passed in the same way as an ordinance, with an announcement and hearing, so that residents have adequate notice and can comment. She asked whether this resolution in this form will survive the current Council otherwise. She also noted several potential issues in the resolution.
Ruth Platner made a point of saying that Planning supports the change, but made it clear they were not saying this because OSR is inappropriate for privately-held land. (Editor: I wonder if this is presaging a discussion about the YMCA land which has now been purchased by an individual.)
This passed unanimously.
10. COUNCIL SITTING AS BEVERAGE LICENSING BOARD
This is a routine annual re-approval of alcoholic beverage licenses. These passed unanimously. I leave the following list so you can see who they are.
a. Order advertised for public hearing on November 13, 2012 the following applications for beverage license:
Charlestown Package Store Inc. d/b/a Charlestown Package Store – Class A
Richard C. Serra d/b/a Rippy’s Liquor & Marketplace – Class A
Charlestown Willows d/b/a Foster Pier Restaurant – Class BV Full
Birdmar Enterprizes Inc. d/b/a The Cove – Class BV Full
MGMR Group Inc. d/b/a/ Meadow Brook Inn – Class BV Full
Nordic Lodge Inc. d/b/a/ Nordic Lodge – Class BV Full
Old Wilcox Tavern Inc. d/b/a/ Wilcox Tavern – Class BV Full
C & E Pizza Inc. d/b/a Famous Pizza – Class BV Limited
Courtney Figarsky d/b/a Gentleman Farmer Diner – Class BV Limited
Craig T. Marr d/b/a The Breachway Grill LLC – Class BV Full
G.J.S.I., Inc.– Class B Tavern
Downey Weaver Post Building Assn. American Legion #34 – Class D Club
14. ANNOUNCEMENTS
a. Board and Commission vacancies
15. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
a. Resolution establishing uniform animal control fees
This item was removed from the consent agenda at the request of Lisa DiBello.
Evelyn Smith rose to comment. She expressed an opinion that something imposing fees should be passed in the same way as an ordinance, with an announcement and hearing, so that residents have adequate notice and can comment. She asked whether this resolution in this form will survive the current Council otherwise. She also noted several potential issues in the resolution.
After discussion this item was sent back to the Town Administrator for further work.
18. FISCAL MATTERS
f. Request from the Rhode Island Center Assisting those in Need (RICAN) for an exemption from its property tax obligation under RIGL §44-3-3 (12), retroactively effective back to July 1, 2012.
18. FISCAL MATTERS
f. Request from the Rhode Island Center Assisting those in Need (RICAN) for an exemption from its property tax obligation under RIGL §44-3-3 (12), retroactively effective back to July 1, 2012.
This is a routine approval. RICAN bought the building at Rt 91 and Rt 112. They need to prove their property tax exempt status. If they can’t dig up the proper paperwork to satisfy our Tax Appraiser the Council needs to vote on the approval. At least that was the idea as I understood it before this meeting.
The solicitor stated that the Tax Assessor can make the determination in conjunction with the town solicitor.
So this was sent back to Mr. Swain.
19. LEGAL MATTERS - None
20. ADJOURNMENTThe meeting was adjourned unanimously.
Disclaimer: This was written without the ability to review the meeting video. Statements I attribute to people are not their quotes and are my best summary of their meaning. As such, I may have misunderstood someone’s statements.
The solicitor stated that the Tax Assessor can make the determination in conjunction with the town solicitor.
So this was sent back to Mr. Swain.
19. LEGAL MATTERS - None
20. ADJOURNMENTThe meeting was adjourned unanimously.
Disclaimer: This was written without the ability to review the meeting video. Statements I attribute to people are not their quotes and are my best summary of their meaning. As such, I may have misunderstood someone’s statements.
