Sunday, June 9, 2013

Town Council meets Monday

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.


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.

11.    LICENSES AND PERMITS
“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.

NO SMOKING!
9.      PUBLIC HEARINGS
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