Here’s your preview
By Will Collette
There’s a chance that folks who physically go to Town Hall for next
Monday’s Town Council meeting might be able to pick up a meeting agenda that is
actually a “working agenda.”
For months now, Progressive Charlestown has been providing you with an
agenda that actually shows the real order of business. We started doing that
because the advertised agenda is always altered beyond recognition by the
Council when it holds its agenda planning meeting.
Councilor Paula Andersen (D) suggested that maybe it’s time for the
Council to give the attending public a “working agenda.” While the Council
generally agreed this was a good idea, Council boss Tom Gentz (CCA) was
concerned that this might be too much work for Town Clerk Amy Weinreich, even
though Amy said she’d be willing to give it a try.
Yes, it is more work. I know, because I do it every month for the benefit
of readers. The stack of printed agendas put out every month is really a big
waste of paper if no one can actually use the advertised agenda. I plan to
continue producing the “working agenda” for Progressive Charlestown readers
since Amy’s version will only help those who physically come to meetings, not
those who watch on Clerkbase.
Now, on with your preview.
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| Whalerock land: "Subject Parcel" - the double triangle- shaped land right on Route One |
Before the regular, public portion of the meeting, the Council will meet
in closed Executive Session to address the big list of Charlestown problem
issues and potential litigation.
Here
are the items as they are listed on Clerkbase: “Pending Litigation (MacDougall v. Charlestown Zoning Board of Review);
Pending Litigation (Whalerock); Pending Litigation (Sportsman Cove v. CRMC);
Potential Litigation (Carulo Act); Potential Litigation (Copar) and Potential
Litigation (Transfer of AP 19 Lot 75 and AP 20 Lot 77-9).”
Calling the MacDougall case and Whalerock “pending”
litigation is a misnomer since both matters are actually cases where the court
has handed down a decision.
In the MacDougal case, Donald
MacDougall won his lawsuit against the Charlestown Zoning Board of Review
over a requested dimensional variance and then sought $50,201.38 in legal costs
plus interest. On April 9th, Judge Judith Savage (the same
judge who threw out Charlestown’s first Whalerock lawsuit)
ruled in favor of MacDougall awarding him reasonable legal costs but not
pre-judgment interest. So this matter is about paying up.
As for Whalerock, I’ve reported extensively on the
two lawsuits Charlestown has brought against Whalerock and how both
lawsuits were tossed out of court because the two
different judges held that Charlestown lacked standing. Perhaps the Council discuss Town Solicitor Peter Ruggiero’s argument before Judge Kristin Rodgers last Friday where he asked her to overturn her own ruling that Charlestown lacks standing. She said she will hand down a written decision at some point in the near future. Personally, I think it’s time for Charlestown to stop thinking about more litigation
and to instead focus on negotiations
with Larry LeBlanc to buy the Whalerock land as open space.
Sportsman’s Cove v. CRMC has been going on forever.
It’s a dispute between the town and the owners over the use of land for
parking.
The reference to the Carulo
Act
could relate to a “what if” scenario if the Chariho budget fails to pass for
the third and last time. The Act permits School Committees to sue their
municipalities to force them to provide more funding for school operations.
The potential Copar litigation could have legs now
that the infamous Copar Quarry has acquired a second site, this time in
Charlestown and operated for three months without a business permit. That was a
Progressive Charlestown scoop you can read HERE.
The cryptic reference to “AP 19 Lot 75 and AP 20 Lot 77-9” actually is part of the Camp Davis land transfer deal first reported HERE by Progressive Charlestown. Councilor Lisa DiBello asked that a briefing on Camp Davis be added to the Executive Session agenda. Perhaps this is where DiBello’s requested briefing will take place, disguised by the obscure land reference so no one will know Charlestown is thinking about going to war with the Narragansett Tribe again.
Camp Davis is the orange wedge. The small orange rectangle to its lower right is also part of the land swap deal. The purple segments are current Narragansett lands. The yellow parcels are town owned properties. View Narragansett Tribal Lands and Camp Davis in a larger map
The Council will emerge from their Executive Session when they are done and will report on any votes they took during that session before going into their regular meeting with the following as the actual order of business.
MONTHLY TOWN COUNCIL
MEETING – June 10, 2013 at 7:00 p.m.
Charlestown Town Hall,
4540 South County Trail, Charlestown, RI
1. CALL TO ORDER, Moment of
Silence, Pledge of Allegiance
2. ROLL CALL
Motion to move items to
be heard next on the agenda
15. ORDINANCES, RESOLUTIONS AND
PROCLAMATIONS
e. Resolution of Respect for Robert H. Rohm. NOTE: Bob died just a few days ago after a long
illness. He was former chair of the Planning Commission and one of
Charlestown’s long-time, dedicated public servants. A gentleman, a fine artist
and a really nice guy.
15. ORDINANCES,
RESOLUTIONS AND PROCLAMATIONS
b. Discussion and potential action regarding a
resolution to honor and thank the Memorial Day Parade Committee
7. UNFINISHED
BUSINESS
a. Discussion and potential action
regarding ChurchWoods and Shannock Cottages
financing and RI Housing update. NOTE: these projects have been stuck due to a
funding SNAFU at RI Housing. No bucks, no buildings. Hopefully, there will be
some good news, but probably not, since Rhode Island Housing, for complex and
cynical reasons, has dropped low-income senior citizen housing, especially
rentals, as a priority, despite the dire need.
b. Discussion and potential action regarding the
presentation of the Columbia Heights Streetscapes
Enhancement Project
11. LICENSES AND PERMITS
b. Application for a Peddler’s License from
Michele LaPaglia d/b/a/ The Cart of 61 Charlestown Beach Road,
with a recommendation from Building Official Joseph Warner, subject to receipt
of all required paperwork and that stipulations and rules and regulations as
required by the State of Rhode Island, Department of Health and the Town
Council
c. Application for a Peddler’s License from
Thomas S. Penhallow d/b/a/ The Butternut Shop of 4051 Old
Post Road, with a recommendation from Building Official Joseph Warner, subject
to receipt of all required paperwork and that stipulations and rules and
regulations as required by the State of Rhode Island, Department of Health and
the Town Council
7. UNFINISHED
BUSINESS
d. Discussion and potential action regarding the findings of
the Chariho Funding ad hoc Subcommittee
12. CONSENT AGENDA
All items marked with “CA” are to be considered
consent agenda (these are non-controversial items that are voted
on as a bloc without debate or discussion). Motion to accept approve and place on file the
following as the consent agenda: 11a, 13a, 13b, 16a, 17a, 18a, 18b, 18c, 18d,
18e, 18f. I have highlighted them all to make it easier for
you to follow. Remember, all the items highlighted in yellow will be approved on one vote with NO discussion.
“CA” a. Approval of the following events at
Ninigret Park
with a recommendation from the Parks and Recreation
Commission, subject to review of contracts by the Town Solicitor, receipt of all
applicable paperwork and insurance and that all event details are
satisfactorily met by the Parks and Recreation Director:
1. RI Brew Fest
Park Reservation: August 10, 2013
Camping: None
Insurance: $1 million general liability and $2 million liquor
liability with the Town named as additionally insured
Fee: $1500.00
2. 5K Fundraiser for
Chuck Austin
Park Reservation: September 8, 2013
Camping: None
Insurance: $1 million general liability coverage. If a
bounce house is operated, then additional $1 million liability coverage will be
required from the vendor.
Fee: Waived, pending 501c3 sponsorship. Otherwise, the
fee will be $200, based on the amount of anticipated participants.
3. SCYSC Seaside
Classic
Park Reservation: July 13 – 14, 2013
Camping: None
Insurance: $1 million general liability
Fee: $200.00 per pavilion, per day and $300 per field for
10 fields for a total of $3800.00
13. MINUTES AND REPORTS
“CA”
a. Town Council Minutes: May 6 (Budget Public Hearing); May 8; May
13 (Executive and Regular)
“CA”
b. Reports: Building Official NOTE: building activity in town dropped
off to less than $1 million last month– May
2013; Police Chief – May
2013; Public Works Director NOTE: this report appears to be
incomplete, cut off in mid-item – May
2013; Town Clerk NOTE: deaths continue to outpace births
(17 to 13) – May 2013; Treasurer NOTE: almost $8 million in cash
accounts….PARTY!!! – April 2013; Wastewater Management – April
2013
16. COMMUNICATIONS
AND PETITIONS
“CA” a. Memo
received from the Geographic Information Systems Office regarding the
investigation of alternative vendors and the preparation of new bid
specifications for the Web-based GIS Application.
17. APPOINTMENTS
AND RESIGNATIONS
“CA”
a. Appointment of Christopher C. Lyman as Traffic Constable, term to
expire in January 2014, as requested by Police Chief Jeffrey S. Allen
18. FISCAL
MATTERS
“CA”
a. Approval of the request from the Nature Conservancy
asking to be exempt from real estate taxation for Plat 7 Lot 10-1
“CA”
b. Approval of the use of funds from the Pond and Beach Preservation
Fund Account for an amount not to exceed $75,000 for rock removal in and near
the Charlestown Breachway as requested by the Town’s Geographic
Information System Office on behalf of the Charlestown Dredge Committee with
endorsement from the Charlestown Coastal Ponds Management Commission
“CA”
c. Award of the Senior/Community Center Cleaning bid to Mark
Russo in the amount of $30 per day regular rate and $45 per diem emergency rate
for the 2014 fiscal year
“CA”
d. Retraction of the March 11, 2013 award of the Vending Bid
for Sam Ferretti Blue Shutters Beach to The Dog Pound and award of the re-bid
of the Vending Bid for Sam Ferretti Blue Shutters Beach to John Martin in
amount of $2,000.00
“CA”
e. Award of the Ninigret Restroom Facilities Cleaning bid
to Mark Russo for a total cost of $4,680.00 and a per diem cost for
emergency of $60.00 per occurrence, as budgeted from line item 830.6065
“CA”
f. Request from the Tax Assessor for abatements in the amount of
$102.77
7. UNFINISHED BUSINESS
c. Discussion and potential action regarding Senate Bill 672, Sub A (Onsite Wastewater Treatment Systems). NOTE: bad news on this one. More details HERE. Most likely last chance is getting Gov. Chafee to veto it, assuming it passes.
8. NEW
BUSINESS
a. Discussion and potential action regarding Budget Transfers in the amount of $225,400.00 as requested
by Patricia M. Anderson, Town Treasurer
b. Discussion and potential action regarding a Request for Proposals and Bid
Specifications for the Ninigret Park Master Plan Update as approved by the Parks and Recreation
Commission. NOTE: there is the high
probablility of a renewed Battle for Ninigret Park. The CCA Party wants to kill
many of the provisions in the existing Master Plan, including a planned event venue. The clash is
between those who want to see more human recreational activities at the park
versus those who want to exclude most human activity.
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| NO SMOKING! |
a. Public hearing and potential
action regarding Ordinance #357 amending Chapter 158 – Parks, Beaches and
Recreation Area: Smoking Prohibitions
8. NEW
BUSINESS
c. Discussion and potential action regarding the
approval of the Charlestown Coastal Ponds Management
Commission (CPMC) to hear CRMC
aquaculture permits and forward their decision in writing to the Town Council
as a communication prior to the agenda meeting with any additional information
required by the Town Council to be requested of the CPMC prior to the Town
Council meeting, thus creating no delay in an applicant’s application. NOTE: possibly another round in the Aqua-NIMBY war
– for more, click HERE.
15. ORDINANCES,
RESOLUTIONS AND PROCLAMATIONS
a. Introduction and first reading of Mooring Regulations, to be advertised for public hearing on
July 8, 2013
3. PUBLIC
COMMENT for items not on the Agenda
4. COUNCIL COMMENTS
5. PERSONS WISHING TO BE HEARD
6. ADMINISTRATOR, SOLICITOR,
COMMISSION REPORTS
a. Town
Administrator
b. Town
Solicitor
c. Commission
Reports
8. NEW BUSINESS
d. Discussion
and potential action regarding a communication from the Town of
Richmond requesting support for reimbursement of the costs of the May 14, 2013 and June 18,
2013 Chariho District Financial Referenda by
the Chariho School District. NOTE: Richmond has some gall. First they torpedo the Chariho budget. Twice. Now they want to be reimbursed for it. Such classic chutzpah!
10. COUNCIL SITTING AS BEVERAGE LICENSING
BOARD
a. Public
hearing and potential action regarding an application received from the Charlestown Rathskeller Tavern, Inc. d/b/a
“Charlestown Rathskeller Tavern” for a Class BV Full
Beverage License, to apply to premises located at 489A Old Coach Road,
Charlestown RI 02813, to be advertised for public hearing on June
10, 2013. Designated premises: The main restaurant building and patio adjacent
to the tavern entrance on the east side, including the small deck, bocce court
and horseshoe court areas; from the southeast corner of the restaurant, to
include the spring house, the sauna area and fire pit; the grounds located
southwest of the main entrance (west side) to approximately two hundred (200’)
feet south of the employee parking lot; the open porch and deck on the west
side of the restaurant; and from the north side of the restaurant up to the
stone wall located approximately ten (10) feet from Old Coach Road. Hours of
operation: Monday through Friday, 11:00 a.m. to 1:00 a.m. and Saturdays,
Sundays and holidays 7:00 a.m. to 1:00 a.m.
b. Discussion
and potential action regarding the cap on beverage licenses within the Town of
Charlestown
c. Discussion
and potential action regarding an application received from Anne Mulhall
for a Class F Liquor
License for the South County Film Festival to be held at Ninigret Park on July
19, 2013 - alcohol to be served 12:00 pm until 7:00 pm.
d. Discussion
and potential action regarding an application received from Gray Matter
Marketing for a Class F Liquor
License for the Summer Rhode Island Brew Fest to be held at Ninigret Park on
August 10, 2013 - alcohol to be served from 1:00 p.m. to 8:00 p.m.
14. ANNOUNCEMENTS
a. Board
and Commission vacancies
15. ORDINANCES, RESOLUTIONS AND
PROCLAMATIONS
c. Discussion
and potential action regarding a resolution in opposition to House Bill 6167 (Subdivision of Land)
d. Discussion
and potential action regarding a resolution in opposition to House Bill 5394 and Senate Bill 322 (Property Tax Relief for Developers)
These bills are
steam-rolling their way through the General Assembly as part of the general
push to enact pro-business legislation. Read more HERE.
It may be time to focus on securing Gov. Chafee’s pledge to veto these bills.
HOWEVER, it’s going to take a pretty strong economic argument to achieve that.
19. LEGAL MATTERS –
None. NOTE: this is only technically true. All the legal
matters are discussed in closed Executive Session.
20. ADJOURNMENT