Will has been providing a preview of the topics on the agenda for tonight (four earliest articles here). Several of the topics could get contentious but most of those have gone on for months and months already so there is little new public comment to add and we may move fast to the votes.
6:55: I'm prepped with my headset on. Seems guiltily nice to be doing this sitting on the deck. Trying to pick a time or agenda item, whichever comes first, when I can grab a glass of wine. Maybe 9:30 or after 7e. We'll see. I've often thought the beer and wine concession for evenings at Town Hall could be a lucrative license.
7 pm: now comes that time when I'm trying ClerkBase video repeatedly and wondering if it might be broken, they've forgotten to turn it on, or the meeting is just a couple minutes late.
7:01: starting now and my fire pager is going off with a test tone during the Pledge of Allegiance.
15 a. Commendation for Whitney Frost of the Coastal Pond Management Commission
It's great how many dedicated volunteers we have in town. Whitney got good applause for contribution to the town and her award.
7. a. Report from the Skim Boarding Tournament and Camp organizers
Coulter Miller, founder of the Northeast Skim Tour, spoke to thank the Council for allowing the competition. We reported on it here. He commented on how good our beaches are here, with the waves breaking at a good distance from the beach. He noted that they included a mid-day beach cleanup with the Surfrider Foundation in their program. Coulter made a point of explaining how the competition brings visitors to our town.
Coulter expressed hope that this competition can be held here again. The Council did not comment on that.
7. d. Discussion of and potential action regarding correction of the Heavers’ property zoning and other privately owned lots that are currently zoned as Open Space
Ashley Hahn summarized the previous discussion of how this was likely a zoning error, that private property should not have been zoned as Open Space. Ashley explained that her further research has revealed broader problems, both with the use of the term Open Space and the application of that in zoning. The attachment (link above) lists over 3 pages of properties that have problems.
Fixing the broad problem will require some decisions on what to do and then implementing it. That may most conveniently be done during the upcoming Comprehensive Plan update. Ashley suggested that the Heavers' property be handled separately in order to get it done in a reasonable time.
The Council voted unanimously to handle the Heavers' property separately and have the town cover out-of-pocket costs for making the change.
The Council unanimously agreed to have the town staff and legal counsel study the options for handling the other such properties further before making a decision.
10. COUNCIL SITTING AS BEVERAGE LICENSING BOARD
Request from VSA Arts Rhode Island (Rhythm and Roots Festival) for a Class F Liquor License for the event to be held at Ninigret Park on August 31 - September 2
This was approved unanimously.
12. CONSENT AGENDA (for brevity I have removed these from here since there was no discussion about any of them)
These were approved unanimously.
THREE MAJOR Y-GATE items:
Dan Slattery recused himself from all three YMCA land agenda topics.
18. a. Discussion and potential action regarding a special election for authorization to spend $398,000 from the undesignated surplus for the purchase of a conservation easement from the Charlestown Land Trust on the YMCA property
Gregg Avedisian noted that the cost for a special referendum would be much less than the cost of issuing bonds and paying the interest on them. He also stated that the people would have a chance to voice their opinion on whether they value this sufficiently.
The discussion explained that the cost of a special election would be about $2,000 while the cost of issuing the bonds would be about $30,000.
Lillian Arnold, Chair of the Conservation Commission, spoke to express support to handle the decision this way, to put it up to a vote. She repeated some of her statements from previous meetings explaining her objections to considering this to be valuable conservation property.
Joanne D'Alcomo spoke to say that her research, talking to the town's bond counsel, on the bond float expense is that it would only be $5,000 because the entire available bond amount would not have to be issued. She also challenged the expertise of the Conservation Commission to evaluate the property.
Jim Mageau expressed concern that the motion had no contingency on the Land Trust receiving the DEM grant. The response to Jim was that detailed wording of the ballot item would be developed in the next couple weeks before being approved on July 23.
Lisa DiBello questioned how the $398,000 was determined. Russ Ricci spoke to explain that a DEM-chosen appraiser did another appraisal that came in lower and results in $350,000 toward the purchase and $48,000 for remediation. The latest appraisal is $412,500 and DEM will give half of that. But the YMCA is selling it for $600,000, well above the appraised value. That results in the Town paying nearly the latest appraised value.
Russ Ricci said that public access will be permitted dawn to dusk every day.
The motion passed 3-1 for staff and legal counsel to prepare a motion for the election details for discussion and possible approval on July 23.
18. b. Approval of purchasing conservation easement on YMCA property for $398,000, in conjunction with purchase of same property for preservation by the Charlestown Land Trust, using open space and recreation bond funds
not discussed because of the action on 18a.
18. c. Resolution authorizing the issuance of general obligation bonds and notes of the Town of Charlestown not to exceed $2,000,000 to finance the acquisition, preservation or protection of open space or any interest therein alone or in conjunction with federal agencies, state agencies, land conservancies, land trusts or preservation organization for preservation, Ground water protection or the development of public recreation facilities.
not discussed because of the action on 18a.
18 f. Authorization of the Acting Town Administrator and Parks and Recreation Director to adjust the Professional Vending Services Bid at the Beach Facilities to allow for the use of electricity.
Tom Gentz proposed to have town staff handle this as an administrative matter. This passed 4-0 with Lisa DiBello abstaining.
3. PUBLIC COMMENT for items not on the Agenda
None
4. COUNCIL COMMENTS
Marge Frank announced a business forum at the General Stanton on October 10 from 11 am until 1 pm.
Tom Gentz spoke to applaud Lisa DiBello's comments last month where she complained about the coverage of her on this blog. He also joined her in attacking the reporting and opinion on this blog as distorted and defamatory.
5. PERSONS WISHING TO BE HEARD
a. James M. Mageau – The Severance Agreement signed by for Town Administrator, WilliamDiLibero and the Town
Mr. Mageau prefaced his remarks by defending the right of this blog to speak, though noting that he has not often been painted here in glowing terms. He also pointed to the CCA website, saying that the comments there were equally controversial.
Mageau spoke to protest DiLibero's severance agreement. He claimed that the meeting agenda did not anticipate generous severance pay that was not specified under his employment agreement or the town charter. He also claimed that the severance pay was stated in a deceptive way, being a 6-month package rather than the stated 4-month period. He also questioned the logic of paying attorney fees for someone who has resigned. Magaue claimed that the actions expose the town to new violations of the open meetings act.
b. Kyle G. Donovan – Charlestown Beach Road Right of Way
Mr. Donovan explained that he was one of a group of a people with deeded access to a right-of-way to the beach. The town purchased that land in a tax sale, evidently just prior to a purchase by Mr. Donovan and others. He also explained that the deck of a house has been built over that right-of-way and fences have been put up. This has been a problem for many years. He is asking for some help in clearing this up without a lot of legal cost.
6. ADMINISTRATOR, SOLICITOR, COMMISSION REPORTS
Commission reports
Ruth Platner stood to speak about the Historic District Commission but was asked to wait until 8a.
a. Town Administrator
No smoking signs will be posted at the town beaches in the next week.
7. UNFINISHED BUSINESS
c. Discussion of and potential action regarding the Police Chief Selection Committee
e. Consideration, comment and potential action regarding a Memorandum of Understanding with the U. S. Fish and Wildlife Service as a Ninigret Park Stakeholder
Dan Slattery stated that this was placed on the agenda in error. There was supposed to be a review by Peter and a working discussion to finalize a memo of understanding.
Avedisian asked if Parks and Rec are part of this and he was told that 2 members were involved.
So this item was tabled until the August meeting.
8. NEW BUSINESS
a. Discussion and potential action regarding a Historic District Committee
Marge Frank is the liaison to the Charlestown Historical Society and brought this up because of concern about historic standards in the Traditional Village District.
Ruth Platner stated that the Planning Commission is not opposed to having such a Commission and specifically excluded Planning from assuming those duties from their recent ordinance (as we stated, that would probably be illegal).
Platner made the point that Historic District Commissions are often not appreciated by residents because they are very strict.
Responding to a question from Dan Slattery, Ashley explained that an Historic District Commission does not require changes to existing buildings but reviews all new buildings and all changes in the historic district.
Beth Richardson spoke to say she does not feel this is necessary, that the homes are well-loved. She feels that additional standards would reduce the appeal of owning one of the historic homes.
There was some discussion about a Shannock design manual between Platner and Hahn.The design manual would be a voluntary reference guide.
Evelyn Smith spoke to say that the Historic Districts in our Comprehensive Plan lack the regulatory framework to have any impact. Evelyn argued that an Historic District Commission should not have authority over the entire areas now designated as Historic Village Districts.
Dan Slattery requested that no decision be made tonight but that it be studied more. Tom Gentz suggested a workshop to have more public discussion. This was approved unanimously.
9. PUBLIC HEARINGS
a. Public hearing and potential action regarding Ordinance #350 amending Chapter 206. Vehicles and Traffic, Article I. Parking (Town Dock Road)
John Sullivan spoke to say that the Ocean House Marina has expanded greatly and degraded the quality of life. He said that employees and customers of Ocean House Marina park on Town Dock Road. He also claimed that delivery vehicles block Town Dock Road. He called the Marina the greatest fire risk in Charlestown. He complained about the intrusiveness of the aquaculture business on Ninigret Pond. He argued that a total parking ban on the road is the only solution.
Mac Richardson spoke to say that aquaculture is important to the health of the ponds, by using their shellfish to filter out plankton and get rid of the excess nitrogen in the ponds.
Mary Taylor spoke to say that traffic has increased in past years, becoming a traffic hazard. She complained that Lisa DiBello seemed more concerned about business than public safety.
The Harbormaster spoke to explain that the town dock is open for public access for launching kayaks and small boats and for picking up people by boats. A complete parking ban would basically eliminate the public access to the town dock.
Frank Glista spoke to say that Rob Lyons is building a new site across from Ninigret Park to relieve traffic pressure on the Town Dock Road marina facility.
The ordinance was approved unanimously. This bans parking on the upper part of Town Dock Road.
b. Public hearing and potential action regarding Ordinance # 351 amending Chapter 26. Juvenile Hearing Board, Section 4
Tom Gentz explained that this change was being made to accommodate an error made by appointing 7 people to the Board, exceeding the number allowed.
10 pm - a meeting extension but we're on the downward slope to completion.
The ordinance change was approved 4-0 (Avedisian absent from the room).
14. ANNOUNCEMENTS
a. Board and Commission vacancies
15. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
b. Introduction and first reading of Ordinance #352 amending Chapter 27 Municipal Court, Chapter 74 Alcoholic Beverages, Chapter86 Boats & Waterways, Chapter 93 Numbering of Building, Chapter 152 Noise, Chapter 155 Nuisance, Chapter 158 Parks, Beaches & Recreation Areas, Chapter 162 Peace & Good Order and Chapter 206 Vehicles and Traffic. Motion to order advertised for public hearing on August 20, 2012.
Approved unanimously.
17. APPOINTMENTS AND RESIGNATIONS
a. Appointments to the Town Administrator’s Search Committee. Applications under consideration: Ronald J. Areglado, Susan H. Ogle, Sean White, Christopher J. Sheehan, Richard H. Hosp, Peter W. Arnold, Richard J. Sartor, Janice Falcone, Anne M. Irons, Leone Mainelli, Janice Carlson, Arthur R. Ganz, David R. Bailey, Dr. DolphSantiello, Vaughn P. Ballard, Stephen Hoff, J. Lawrence Dunn, and Steven Santos
Gentz explained that this is an ad hoc committee. Six names were selected by vote of the Council. Six more were tied for the next 3 positions. Previously a town employee was excluded but Gentz stated that was an error. That error, and omission from the agenda, requires continuing this to the July 23 meeting if more names are chosen. There was discussing of reducing the Committee to 6 to proceed rapidly. Gregg pointed out that not considering that one person so far is an issue. Slattery agreed.
This item was continued to the July 23 meeting.
20. ADJOURNMENT
10:14 - the meeting was adjourned. ClerkBase video cut off before they even seconded the motion!