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Monday, January 28, 2013

Council quintuple header on Monday?

COPAR, Town Administrator, Citizens Forum on tap
Mine run-off from the COPAR quarry into Charlestown wetlands
(December 21 photo by Steve DuBois)
By Will Collette

The Charlestown Town Council has posted three separate meeting notices on Clerkbase[1] for Monday, January 28, listing five major items of business that include the search for a new Town Administration, the notorious COPAR granite quarry and whatever it is that Charlestown Citizens Alliance President Virginia Wooten wants.

First in line, starting at 10 AM at the Charlestown Police Station, is the Council’s second Executive Session to discuss the Search Committee’s results in finding a replacement for Bill DiLibero who was ousted as Town Administrator last year in a CCA purge. I am predicting that the only possible candidate who can fulfill the Town Council majority’s ideal qualities for Town Administrator is a Furby programmed to say one phrase: “Whatever you say,Tom.” Perhaps this meeting will be the Council’s interview with the Furby.

The Westerly Sun reports that there will be a continuation of that session at 3 PM at Town Hall, but there is no notice of that meeting on Clerkbase. There is also no notice filed with the Secretary of State

If that second meeting takes place, as the Sun indicates, it may be in violation of the state Open Meetings ActI'm told the 3 PM session is being characterized as the same meeting as the one that starts at 10 AM.

However, it doesn't meet the spirit of the Open Meetings Act, if not the letter of the law, to have a scheduled break and a change of venue without advertising it. Perhaps that second meeting is intended to be the Council’s introduction of their choice for new Town Administrator, with a potential OMA violation, but so classically CCA.



At 5:30 PM, the Council will convene its second Executive Session of the day, or maybe it will be its third, depending on how you count the unadvertised 3 PM session. This time, the Council will discuss “potential litigation” against the notorious COPAR quarry that operates in just across the town line in Westerly at Charlestown’s northwestern corner.

Extensive pollution of Charlestown wetlands by COPAR quarry run-off
At an earlier meeting, the Council heard from angry neighbors – both on the Charlestown side and in Westerly – who complained about the quarry’s repeated violations of the law. 

These include blowing silica dust over wide parts of Charlestown and Bradford, blasting vibrations that are damaging foundations, chimneys and wells, mine run-off into Charlestown wetlands and incredible noise from rock crushing. Read about that meeting by clicking here.

Following that meeting, the three CCA Town Council members went to the COPAR site to witness a blast and probably violated the state Open Meeting Law by holding an unadvertised, off-site Council meeting. Though for a good cause, in my opinion. I'm told that the three CCA Council members went to COPAR, stood together and watched the blast - and didn't say a word to each other, thereby not violating the Open Meetings Act. If you believe that, step right up to buy shares of the Brooklyn Bridge.

Discussion about “potential litigation” by Charlestown seems a bit premature, given that Charlestown has yet to issue any citations against COPAR for violating Charlestown town ordinances. The COPAR neighbors specifically asked Charlestown to begin taking rigorous enforcement actions when COPAR’s actions cause harm to Charlestown residents and property.

The local residents did not ask Charlestown to bring a lawsuit[2]. Read the footnote below to see what the COPAR neighbors did ask the Town Council to do.

But, Councilors Tom Gentz and Dan Slattery seem to be very eager to do something to curb COPAR’s bad behavior, and for once, I applaud their enthusiasm, though their execution is not very focused. I just hope they act in a way that doesn’t hinder other enforcement strategies.

At 7 PM, the Council will convene an open session with two major parts, plus the option of yet another Executive Session.

The first part will be hold yet another one of those Citizens Forums, Dan Slattery’s pet project. Prior forums have featured rare public appearances by the CCA’s nominal President Virginia Wooten. It seems like these Forums are the only times we ever actually hear from Ms. Wooten. Otherwise, you might think somebody invented her.

I am eagerly awaiting her next assignment for Dan Slattery after seeing how well her concerns about “phantom properties” worked out.

These forums usually feature several of CCA’s followers – e.g. the Areglados and the Chambers – who step to the podium to praise the virtues of the CCA-endorsed Council members.

At roughly 7:30 PM, after Ms. Wooten, the Chambers and the Areglados have their say, the Council will hold a second open meeting on COPAR, one that follows up on the January 10th meeting. It’s a sure bet the residents will be there, but not such a sure bet that COPAR will send representatives. COPAR insisted on being at the January 10th meeting but then, when their reps were given the podium, they behaved so badly that they even alienated Tom Gentz, who kept saying to them, “I’m trying to help you out here” by suggesting ways COPAR could accommodate the angry neighbors.

Written into the agenda for this segment is the option for the Council to once again go into private session to discuss “potential litigation” against COPAR.

I just hope that this time, the Council members will actually listen to the specific requests coming from the COPAR neighbors and act on those requests, rather than just wing it.


FOOTNOTES: 


[1] Clerkbase is a service used by Charlestown to post its meeting notices, agendas and related documents. If you haven’t used Clerkbase before, go to the categories to the left. To get the latest Council meetings, click on Council agendas and then select the date. 

The town usually posts supporting documents for each agenda item. After the meetings, the town usually – but inconsistently – posts links that allow you to see the recording of the meeting done from a micro-cam in the far corner of the Council chambers.

[2] This was the request from the neighbors protesting COPAR's activities to the Town Council on January 10:

"Our request falls into two categories. We know the quarry is not currently within Charlestown’s town boundaries and many of the most severe effects fall on Westerly residents. However, as the mine intensifies its activities, more and more Charlestown residents and Charlestown’s environment is being affected. 

Further, we are concerned that COPAR’s aggressive expansion of activity may involve moving onto land it controls within Charlestown and that it may begin to affect both towns if – or when – it uses the quarry as a waste disposal site.

Therefore, we request Charlestown’s Town Council to direct town enforcement action in these instances:

        When storm water causes mine discharge to cross into Charlestown, as our photographs show we would urge Charlestown residences to call DEM.
        When stone crushing, blasting and truck loading violates Charlestown’s noise and nuisance laws we would like Charlestown law enforcement to take disciplinary action if ordinances are violated by Copar.
        When silica dust crosses over into Charlestown we would like the town to advocate for their residences to call DEM and report it with expectation for follow thru with DEM.
        When there is excessive truck traffic or overloaded trucks on Charlestown’s section of Route 216 we would like Charlestown law enforcement to take disciplinary action.    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
We also request a resolution of support from the Charlestown Town Council that expresses its wish that the local, state and federal regulators will strictly enforce the laws regarding zoning, fire safety, air and water pollution, worker safety and public safety. You may want to note Charlestown’s determination to strictly enforce its own laws when COPAR infringes on Charlestown.

Either in this resolution, or in a separate resolution, we ask that you state your opposition to the expansion of the quarry into Charlestown and to the quarry’s use, now and in the future, as a waste disposal site."