Sunday, September 8, 2013

In case you missed it: Council meets Monday night, September 9

Top items: Council plans another Copar con job; Platner plans more power grabs. Missing: no re-appointments to the Zoning Board
Going to war with Westerly over who's responsible for botching Copar
By Will Collette

With Whalerock pretty much shunted aside pending some closing date for the town purchase some time in the future - don't forget that the supposed August 27 closing date that never happened was so urgent that the issue could not be put to a town vote - this month’s Town Council meeting has a lot less to fight about.

But that’s not to say there isn’t plenty of opportunity for fireworks. The most likely candidate for fireworks is the postponed discussion of Town Council Boss Tom Gentz’s purely symbolic resolution to send a letter to the RI Attorney General blaming Westerly for all the problems with the nasty Copar Quarry in Bradford. The Town of Westerly seems to have its finger poised on the nuclear launch button, furious at Gentz’s chutzpah, ready to go to war over Gentz's insult. Click here for more.

Opponents of Copar will likely turn out to alternately thank the Council for at least doing something, however ineffective, and to tell them there’s a lot more Charlestown can and should do, even some things that might make a difference. Click here for more.

There may be some representatives from Copar present as well, since their snarky letter to the town panicked Boss Gentz, Deputy Dan Slattery and their ally Lisa DiBello into postponing last month’s discussion so they could come to defend their indefensible conduct. If they do show, count on them to provoke some pretty angry people to get a whole lot angrier.


Also, there are three ordinances on the agenda as well, pushed to the back of the agenda. One deals with needed changes to our zoning ordinances dealing with building standards to deal with future storms. 

Two other ordinances continue the push by Planning Commissar Ruth Platner to concentrate more power, and capacity to harass local businesses, by giving her Commissionettes the ability to micromanage parking and shrubbery at town businesses and subdivisions. 

Click here for more

Missing from this agenda is the overdue reappointment of four members of the Zoning Board of Review whose terms expired at the end of July. At the direction of Boss Gentz, the reappointments were frozen until the Zoning Board completed its deliberations on the Whalerock application for a special use permit.

Boss Gentz continues to hold Zoning Board reappointments hostage
Gentz claimed he was doing this to ensure “continuity;” I believe he did it to intimidate the Zoning Board. But either way, we have a ZBR where all three alternates and full member William Meyer have questionable standing to hear zoning cases since their terms have expired. 

Click here for more.

Since the Zoning Board is now out of the whole Whalerock play, why doesn’t Boss Gentz do the right thing, the legal thing, and give the ZBR unambiguous legal standing to do its job? But that's not how Boss Gentz rolls.

As always, the following agenda follows the actual order of business and you’ll see my snarky commentary in bold, red typeface.

The regular monthly meeting of the Charlestown Town Council will be held on September 9, 2013 at 7:00 p.m. at the Charlestown Town Hall, 4540 South County Trail, Charlestown, RI.  The proposed agenda is as follows:

1.      CALL TO ORDER, Moment of Silence, Pledge of Allegiance

2.      ROLL CALL
Motion to move items 15a, 15c, 12, 7a and 15b to be heard next on the agenda
Motion to move items 9b and 9c to be heard at the end of the agenda

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
a.   Commendation for Amy Rose Weinreich, Town Clerk on the receipt of her Certified Municipal Clerk designation from the International Institute of Municipal Clerks
c.   Commendation for Jessica Lawrence on her completion of a solo bicycle ride across the country to raise awareness and funds to support the Alliance for a Healthier Generation

12.    CONSENT AGENDA All items marked with “CA” are to be considered consent agenda. NOTE: these items are typically non-controversial and are approved as a bloc without discussion or debate. Councilors Slattery and DiBello often pull an item or two off the agenda for debate if there’s some special point they want to make or grand-standing they want to do. I have one prediction, if you read down…
Motion to accept approve and place on file the following as the consent agenda: 8a, 11a, 13a, 13b, 16a, 17a, 17b, 18a, 18b, 18c, 18d, and 18e

Roads in line for improvements under this agreement
8.      NEW BUSINESS
“CA” a.  Approval of the Construction and Maintenance Agreement between the State of Rhode Island and Providence Plantations and the Town of Charlestown for Federal-Aid Project No. STPG-HSIP(004), Rhode Island Contract No. 2012-CT-094 and authorization for the Director of Public Works, Town Solicitor and the Town Administrator to sign NOTE: this agreement could result in a number of run-down, beat up local roads getting fixed. A very good thing.

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.   Event: R.I. Premier Soccer
Park Reservation: Tuesday evenings, 9/10/13 – 10/29/13, from 5 7:30 p.m.
Camping: None
Insurance: $1 million
Fee: $200.00

13.    MINUTES AND REPORTS
“CA” a.  Town Council Minutes:
July 29; August 5; August 7; August 13 (Executive and Regular)
 “CA” b. Reports:
Building Official – August 2013; Police Chief – August 2013; Town Clerk – August 2013 NOTE: according to Amy’s tally, deaths are running way ahead of births by 40 to 25, putting us track for another year of population decline.

16.    COMMUNICATIONS AND PETITIONS
“CA” a.  Acceptance of a Petition for No Parking Signs on Oakwood Drive and referral of the petition to the Chief of Police, the Director of Public Works and the Town Administrator for advisories 
NOTE: this is an interesting one – the neighbors of the abandoned South County Sand & Gravel quarry on Klondike Road – rumored to be Copar’s target for its third local site – have a petition to restrict parking to prevent people from running through their neighborhood to illegally swim in the old quarry. There’s a town ordinance, apparently unenforced, against swimming in old quarries (a pretty serious hazard that kills dozens of people nationwide every year). $50 fine. 
But I have a question - if the police don't enforce the no swimming ordinance, why would they enforce the parking ban?

17.    APPOINTMENTS AND RESIGNATIONS
“CA” a.  Reappointments to the Economic Improvement Commission, terms to expire September 2016: Betty J. Combs, Janice Falcone, Ronald H. Russo and Donald S. Smith, Jr.
“CA” b.  Acceptance of the resignation of Scott Northup as Alternate #1 from the Zoning Board of Review with regret. NOTE: one less ZBR member for Boss Gentz to not reappoint. Wonder which CCA crony will take his place?

18.    FISCAL MATTERS
“CA” a.  Award of the bid for the Harbormaster’s boat to Pioneer Boats DBA Carolina Composites in the amount of $52,115 as budgeted from line item 06.000.9000, with authorization of the Town Administrator to execute the purchase
“CA” b.  Appointment of Tara Welinsky as Interim Deputy Town Clerk beginning September 10, 2013 for eight weeks to be paid the hourly wage of the base level of a Deputy Town Clerk according to the Teamster Local Union No. 251 contract, from budget line items 470-5015 (Public Records - Part-Time Wages) and 470-5025 (Public Records - Overtime Wages) and confirmation of the appointment of Carolann J. Cullion and Ellen A. Hefler as Deputy Town Clerks
“CA” c.  Approval of the Mud Cove Project Boardwalk change order as a result of a court settlement in the amount of $36,000 as quoted by H.J. O’Keefe, LLC to be funded by the Council Contingency line item of the budget NOTE: if any item gets pulled off the Consent Agenda by Councilor Lisa DiBello, it’ll either be this one or the next one. She loves to chew over anything recommended by Parks & Rec.
“CA” d.  Award of the bid for Ninigret Tennis Bathroom Electrical Restoration to Brookside Electric, Inc., for an amount not to exceed $35,199.15, with funding to come from the Capital Maintenance Fund (75.000.5100) as recommended by the Town Treasurer
“CA” e.  Request from the Tax Assessor for abatements in the amount of $6112.72

7.      UNFINISHED BUSINESS
a.   Discussion and potential action regarding a resolution requesting that the Rhode Island Attorney General look into the actions/inactions of the Town of Westerly, Copar Quarries and the Westerly Granite Company. NOTE: This and the next item are the aforementioned symbolic gestures to the Copar opposition that I discussed in the opening to this article.

Why should Charlestown give business permits or contracts
to business people with criminal records for financial crimes
or bad environmental or safety track records?
15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
b.   Discussion and potential action regarding a Resolution Establishing a Temporary Moratorium on the Permitting and Licensing of Excavation, Quarrying, Mining and Material Processing Facilities. NOTE: what Charlestown really needs is a Bad Actor ordinance that bans the granting of licenses and contracts to companies and individuals with poor records. Copar is a good example of the kind of business that would be blocked from getting a permit to operate by a bad actor ordinance.

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

9.      PUBLIC HEARINGS
a.   Public hearing and potential action regarding #358 amending Chapter 117, Flood Damage Protection

10.    COUNCIL SITTING AS BEVERAGE LICENSING BOARD – None

14.    ANNOUNCEMENTS
a.   Board and Commission vacancies

19.    LEGAL MATTERS – None

Topiary: under Platner's control
9.      PUBLIC HEARINGS
b.   Public hearing and potential action regarding #359 amending Chapter 218-74 Zoning, Landscaping
c.   Public hearing and potential action regarding #360 amending Chapters 218–56 through 218-61 - Zoning, Parking. NOTE: these two ordinances were discussed in the top of this article. Both expand the authority of the town to micromanage businesses and, when the usual selective enforcement is applied, to drive out businesses that run afoul of town leadership. Too bad the same zeal can’t, for whatever reason, be applied to Copar. Items such as these often appear at the end of the agenda when most of the audience has thinned out.


20.    ADJOURNMENT