Tonight I will be bringing you a live blog version of the Town Council meeting. That means I will be writing while listening and watching on ClerkBase and updating the article every five minutes or so. I call it my play-by-play version.
I've done this several times and it was fun so here goes. As usual with live blogging, I reserve the right to liberally make corrections later.
So if you're not attending the meeting in person you will be able to read reports while it is in progress. Even at the meeting you can check it out on your phone or tablet. Just tune in shortly after 7 pm tonight for the first update.
I'll start with Will's outline (published here) and fill in commentary. This article will only have limited commentary since I'll be working hard just to keep up with the meeting progress.
7 pm and I'm waiting for the ClerkBase video to start. I figure it's probably starting late because the Executive Session didn't start until 6:30. Ah, 7:03 and they are starting. Gentz is waiting a few minutes for town lawyer, the Town Administrator, and Councilperson Lisa Dibello.
1. CALL TO ORDER (7:05), Moment of Silence , Pledge of Allegiance
2. ROLL CALL - all Councilmembers are present
Motion to move items 15b, 17c, 8a, 15a, 12, 8b, 9a, 9b, and 11b to be heard next on the agenda
15. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
b. Commendation for Joseph Warner on his certification as Flood Plain Manager by the Association of State Floodplain Managers. As Will said, this is a good thing because it can eventually lead to lower insurance rates in the areas needing flood insurance.
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| Ashley at the mike during a recent Town Council meeting |
c. Acceptance, with regret, of the resignation of Ashley V. Hahn as the Town Planner, effective November 4, 2013. Gentz read a glowing certificate of appreciation for Ashley's service. On questioning from DiBello our TA explained that Jane Wideman (spelling?) has been asked to fill in temporarily, if not longer.
8. NEW BUSINESS
a. Presentation of Historic Cross’ Mills: A Self-Guided Tour by the Charlestown Historical Society. Jean Pelham was scheduled to make a presentation but she was not present.
15. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
a. Proclamation of November, 2013 as Pancreatic Cancer Awareness Month I have known two people, neighbors, who have died from this terrible cancer.
12. CONSENT AGENDA
All items marked with “CA” are to be considered consent agenda. This means the items are to be voted on as a bloc with no discussion or debate. This month none were removed from the consent agenda by any Councilmember. These were approved unanimously.
Motion to accept, approve and place on file the following as the consent agenda: 11a, 11c, 13a, 13b, 17b, 18a, and 18b
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:
Event: Fraternal Order of Police 5K
Park Reservation: October 27, 2013 (9:00 am – 12:00 pm)
Camping: No
Insurance: Yes, Certificate Number 20130923199133 from Philadelphia Indemnity Ins. Co. General Aggregate $3,000,000. Each Occurrence $1,000,000. Damage to rented premises $1,000,000.Personal and Adverse injury $100,000. Products-Comp/Op AGG $3,000,000.
Fee: Waived Fee
“CA” c. Approval of the following events at Charlestown Town Beach 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:
Event: RICAN Polar Plunge
Park Reservation: January 1, 2014 (10:30am – 2:00pm)
Camping: No
Insurance: Each Occurrence $1,000,000. Damage to rented premises $100,000. Medical Expenses $15,000. Personal and Adv Injury $1,000,000. General Aggregate $2,000,000. E.L. Each Incident $100,000. E.L. Disease – Each Employee$100,000. E.L. Disease – Policy Limit $500,000.
Fee: Waived Fee
13. MINUTES AND REPORTS
“CA” a. Town Council Minutes: August 22 (Executive and Special); September 4; September 9 (Executive and Regular)
“CA” b. Reports: Building Official $2.3 million in construction activity in the month, most of it on remodels – September 2013; Police Chief – September 2013; Public Works Director This report is missing pages so you can’t check to see if Charlestown has made a remarkable come-back on its appalling, worst in the state, recycling record. – August 2013, September 2013; Town Clerk – September 2013; Treasurer – August 2013, September 2013.
17. APPOINTMENTS AND RESIGNATIONS
“CA” b. Acceptance of the resignation of Cecelia R. O’Brien from the Affordable Housing Commission with regret
18. FISCAL MATTERS
“CA” a. Request from the Tax Assessor for abatements in the amount of $6,128.59
“CA” b. Award of the bid for the purchase of a new 2013-14 model Mack, Peterbuilt, or International diesel truck with a dump body, sander controls and power effects, snow plow and frame to Coastal International Trucks, LLC in the amount of $131,402.00, as budgeted in the Capital Budget (990-9964) and authorization for the Town Treasurer to secure the most favorable finance rate for the Town
8. NEW BUSINESS 7:15 pm
b. Discussion and potential action regarding how to obtain input to ordinances prior to Town Council Public Hearings. Gentz noted that this is followup from last month's meeting, when the ordinances which are next on this month's agenda came up very late in the meeting with some vocal criticism but no business owners in attendence. Frank Glista and Ashley Hahn noted that people can sign up on the town website to receive notification of proposed zoning and subdivision regulation changes. There are two signups: one for subdivision regulations here and one for zoning regulations here (although they may be the same). I'm glad Gentz didn't give a lecture that people should attend all of the Commission meetings to know what is happening. Gentz did compile a list of actions but I was not impressed enough to bother recording them here. The Council unanimously approved of that list.
7:45 pm
7:45 pm
9. PUBLIC HEARINGS
a. Continuation of the public hearing and potential action regarding #359 amending Chapter 218-74 Zoning, Landscaping
Will reported on this zoning ordinance in detail here. Gentz emphasized how there is a big stack of paperwork explaining the ordinance and color codes, rationale, etc. He also tried to reassure people that few business will be affected by these so we just shouldn't worry about them.
b. Continuation of the public hearing and potential action regarding #360 amending Chapters 218–56 through 218-61 - Zoning, Parking
Will also reported on this zoning ordinance in detail here.
The public hearing is being continued, I guess both ordinances together.
Ashley Hahn: reviewed the new information - the rationale statements and the color coded versions with explanations. Ashley also stated that some of the changes were done to conform with State law.
Frank Glista: stated that the new "explanation" information is valuable.
Janice Falcone: asked about bicycles - why does it require bicycle parking. She has had incidents this summer with people riding bicycles into her flea market. Ashley responded that any existing parking lot that does not expand does not need to comply with the new parking requirement (so "don't worry"). Ashley stated that this has been added to comply with the 2016 State comprehensive plan. Ashley also stressed that the new ordinance does not require businesses to have as many parking spaces as the current requirement so having a bicycle space or two is a modest extra expense.
Janice also talked about cement barriers. She doesn't like those. With our snowy winter and the need to plow around them she feels these are ridiculous. Ashley responded that the requirement for bumper guards goes back to at least 1996. (I'm not sure why that makes them good...) They ended with the intention to add "as needed" to this.
Faith LaBossiere handed out a document of comments. (Sorry, we don't have it.) She asked whether the landscape ordinance prohibits the stripping of topsoil. Nate spoke to say that another section most likely requires topsoil to be re-applied to a depth of 6 inches. Faith suggests that references be added to encourage native trees and shrubs and ones that are wildlife friendly. She also asked that a way is implemented to ensure that the installation is adequate. She used the example of Cumberland Farms where the trees were incorrectly mulched. (Is she really saying that we should have "landscape police" to monitor our gardening skills?) Ashley noted that the Town does not have a horticulturalist on staff for such things. Gentz claimed that this would not be "extreme government"; it is just the town helping people! Faith went on to suggest that a landscape maintenance plan be required, using the example of plantings by Dunkin Donuts where the plants are trimmed incorrectly so that they do not produce berries for the wildlife. Faith also asked that sites much be inspected for invasive species and those should be required to be removed.
Faith then shifted to comments on parking. Faith asked to language to encourage adjacent businesses to connect parking lots together. Faith felt that the maximum limit for 2- and multi-family dwellings is two restrictive at only 2 spaces per unit. Ashley said that the owners can petition the town for more parking if needed. Nate stated that "it is an attempt to curb too much occupancy" (hmmmm). Gentz explained that this is your Town help "to keep the cost (of parking) down." Faith said that she felt parking could not always be "dust free", like right on the coast. Ashley explained that this is existing languages and does not require paving. She said that the Simple Pleasures parking lot is considered dust-free. Faith asked how the lighting restrictions are enforced, since she has seen violations. Ashley explained that the process, review of lighting, is "complaint driven" to get the building inspector to come out an investigate. Faith asked for stronger language to retain existing trees, that parking should be designed around existing trees (as long as they are not an invasive species). It saves money to keep trees!!!
Faith brought up the issue of truck parking. Ashley explained that prohibited trucks are those over 6000 lb capacity, of a commercial nature, and not related to a business at that address. She claims that this will only prohibit a few trucks. A "vigorous discussion" of the several places in town where tractor-trailer trucks are parked ensued. Joe Warner spoke to say that new home-based businesses are not permitted to park large trucks in a residential area.
8:55 pm Faith is done!
Charlie Beck spoke to say that he's glad he's not a new business trying to set up in town because he would not be able to do it with all these new regulations.
9:10 pm
11. LICENSES AND PERMITS
b. 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:
Event: Creative Entertainment, Inc.
Park Reservation: Aug 15–17, 2014 and Aug 22-24, 2014; Alt. Dates: July 18–20, 2014 and July 25-27, 2014
Camping: Yes
Insurance: The Promoter will maintain at its own cost and expense at least Two Million Dollars ($2,000,000.00) worth of liability insurance for the Period of Occupancy protecting it from claims. The Promoter will maintain at its own cost and expense Two Million Dollars ($2,000,000.00) worth of liquor liability insurance per each occurrence for the Period of Occupancy protecting it from claims by third parties as set forth in this paragraph, naming the Town as additional insured. There is also $5,000,000 for pyrotechnics.
Fee: $9,000 per weekend $18,000 total
Tom Gentz asked Paula Andersen to open up the discussion and she deferred to Jay Primiano who introduced the promoter of this proposed event, Frank Russo. Frank Glista spoke for the Economic Improvement Commission to explain how this proposal developed.
Lillian Arnold: asked about pyrotechnics. Russo said there are none and the application used some boilerplate based on the Seafood Festival.
Janice Falcone: stated this would be great for the town, as a business owner.
Kristan O'Connor: criticized the discretion given to the Parks and Rec Director. As a neighbor, questioned how many weekends will be open, when noise from the park will not be bothering the neighbors. She was also critical of more additions to our large summer population.
Ron Areglado: said Russo's idea was grandiose. He said that traffic will pose a logistical issue and said that "we should not become an entertainment experiment." "People come here for the beach."
Donna Chambers: reiterated what Ron said. Speaking of festivals, "We have some of that already. We don't need more of it." Donna asked for a narrowed-down proposal.
Tim Quillen: said his understanding is that this is looking for one or two dates, not more. It also depends on whether he can find suitable acts. Tim also explained that the proposed stage location is further west than Rhythm & Root, reducing noise for Arnolda.
Paula Andersen: explained that 16 years ago a promoter came before the Council to propose a small festival. There were lots of arguments, pro and con, but the Council decided to give it a try. 16 years later Rhythm & Roots is very popular and successful. She expr
Joe Quadrato: has real concerns about this continuing into a weekly event. "There is no infrastructure to support things like this. I have big concerns over changing the complexion of the park"(a long discussion followed about the number of weekends, acts, parking, camping spots, what the next steps are, etc. It seems that multiple versions of the proposal have been floating around in the last week.)
Ruth Platner noted that the proposed stage are is up against the Fish and Wildlife land where we have agreed constraints.
(At this point it is 10 pm and the Council voted to extend the meeting for 15 minutes.)
Ron Areglado spoke to compare this to the Whalerock wind turbine project, saying that Mr. Russo's proposal should have been vetted more carefully before being brought to the Council.
Mike Chambers spoke saying there should be a business plan. That we need something from Mr. Russo that lays it all out.
Mr. Russo stated that he has enough authority to be able to recruit artists. Lisa Dibello explained that the Council may still choose to reject the application. It seemed that Mr. Russo objected to that sort of rejection.
(At this point they voted to extend the meeting another 15 minutes.)
The example was used that Fish and Wildlife may object to that proposed stage location.
The Council homed in on 2 days in one or two weekends. Gentz asked whether they could limit to 1500 campers for the first year. They agreed to end the concerts by 11 pm.
There was more discussion with some lack of direction and then we reached 10:30 so the Council voted for another 15 minutes extension.
Maureen Areglado spoke to say that there is a lot of conflicting information. She advocated moving slower, waiting until next summer.
After more conversation that confused me Gentz, with help from Tremblay, made a motion for tentative approval with a number of items to determine.
The motion passed with Gentz, Andersen and Tremblay voting for, Slattery voting againstm and Dibello abstaining. The approval was greeted with applause, a surprise to me based on the speakers.
Because of the late time Gentz skipped to item 10 to approve the liquor licenses.
3. PUBLIC COMMENT for items not on the Agenda (skipped)
4. COUNCIL COMMENTS
5. PERSONS WISHING TO BE HEARD
6. ADMINISTRATOR, SOLICITOR, COMMISSION REPORTS
a. Town Administrator
b. Town Solicitor
c. Commission Reports
7. UNFINISHED BUSINESS –
None
8. NEW BUSINESS
c. Discussion and potential action regarding the creation of an Ad Hoc Committee (and announcement of vacancies, if the Committee is formed) to prepare a management plan for AP 17, Lot 186 (“Whalerock”), consisting of one member of the Conservation Commission, one member of the Planning Commission, one member of the Parks and Recreation Commission, two members from the community at large, two members of the Town Council, the Town Administrator and/or his appointee, and the conservation groups’ appointees interested in a conservation easement for passive recreation and designing trails for “Whalerock”, to be returned to the Town Council with their recommendations in February 2014\
d. Discussion and potential action regarding the deliberation and finalization of a Legislative Priority list for Washington County Regional Planning Council for our Legislators for the Legislative Session beginning January 2014.
10. COUNCIL SITTING AS BEVERAGE LICENSING BOARD The Council voted unanimously to advertise the applications for voting at the next meeting.
a. Discussion and potential action regarding the advertisement for public hearing on November 12, 2013 at 7:00 pm, the following applications for beverage license:
CHARLESTOWN PACKAGE STORE, INC. d/b/a “Charlestown Package Store”, to apply to premises located at 4625 Old Post Road – Class A. Designated premises: building only; daily November 1 through May 31 from 7:00 am to 10:00 pm, June 1 through October 31 from 7:00 am to 11:00 pm, and until 11:00 pm on eve of legal holiday or on Saturday eve where a legal holiday falls on Monday
SERRA, RICHARD C. d/b/a “Rippy’s Liquor & Marketplace”, to apply to premises located at 4158 South County Trail– Class A. Designated premises: building only; daily from 7:00 am to 10:00 pm
BIRDMAR ENTERPRIZES, INC. d/b/a “The Cove”, to apply to premises located at 3963 Old Post Road – Class BV Full. Designated premises: restaurant and deck only; daily from 11:30 am to 1:00 am
CHARLESTOWN WILLOWS d/b/a “Foster Pier Restaurant”, to apply to premises located at 5310 Old Post Road– Class BV Full. Designated premises: restaurant and deck, special wedding area (adjacent to water), clambake house, adjacent to cottage #130, dockside building, and enclosed pool area; daily from 7:30 am to 11:00 pm
MGMR GROUP, INC. d/b/a/ “Meadow Brook Inn”, to apply to premises located at 168 Carolina Back Road– Class BV Full. Designated premises: restaurant and formal garden area only; daily from 10:00 amto 12:00 am
NORDIC LODGE, INC. d/b/a/ “Nordic Lodge”, to apply to premises located at 178 East Pasquisett Trail – Class BV Full. Designated premises: restaurant and area between rear of restaurant and pond; Friday from 4:00 pm to 11:00 pm, Saturday from 11:00 am to 11:00 pm, and Sunday from 12:00 pm to 9:00 pm
OLD WILCOX TAVERN, INC. d/b/a/ “Wilcox Tavern”, to apply to premises located at 5153 Old Post Road– Class BV Full. Designated premises: restaurant and patio area only; daily from 5:00 pm to 10:00 pm
MARR, CRAIG T. d/b/a “The Breachway Grill LLC”, to apply to premises located at 1 Charlestown Beach Road – Class BV Full. Designated premises: Indoor Restaurant Space and Outdoor Patio Space only; daily from 11:00 am to 1:00 am
C & E PIZZA, INC. d/b/a “Famous Pizza”, to apply to premises located at 3986 Old Post Road – Class BV Limited. Designated premises: restaurant only; daily from 11:00 am to 9:00 pm
FIGARSKY, COURTNEY d/b/a “Gentleman Farmer Diner”, to apply to premises located at 4349 South County Trail – Class BV Limited. Designated premises: restaurant and deck/patio only; daily from 6:00 am to 9:00 pm
G.J.S.I., INC, d/b/a G.J.S.I. Tavern and Inn to apply to premises located at 4115 Old Post Road – Class BV Tavern. Designated premises: patio area abutting tavern enclosed by tarmac and stone wall, snack bar and patio area in front of the snack bar/house and lawn abutting the Inn towards the northeast, with no service easterly from tarmac and rear of snack bar to US Route 1; daily from 6:00 am to 1:00 am
DOWNEY WEAVER POST BUILDING ASSOCIATION d/b/a “Downey Weaver Post No. 34, American Legion”, to apply to premises located at 20 Whipple Drive – Class D Club. Designated premises: club building, picnic area and horseshoe pit area only; daily from 9:00 am to 1:00 am
CHARLESTOWN RATHSKELLER TAVERN, INC. d/b/a “Charlestown Rathskeller Tavern” to apply to premises located at 489A Old Coach Road - Class BV Full. 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 am to 1:00 am
14. ANNOUNCEMENTS
16. COMMUNICATIONS AND PETITIONS – None
17. APPOINTMENTS AND RESIGNATIONS
a. Discussion and potential action regarding appointments to the Zoning Board of Review(one full member, term to expire in July of 2018, and three Alternates, terms to expire in July of 2014), with a recommendation from Michael Rzewuski, Chairman. Applications received from William F. Meyer, David B. Provancha, Amanda J. Magee and Michael James Chambers who often goes by “Soxman.”
They decided to handle item 17.
Gentz announced lack of support for Meyer's reappointment. Slattery immediately seconded that. This passed 3-2 with Dibello and Andersen voting against the lack of support.
Tremblay then read a statement noting that ZBR is a fact-based quasi-judicial body. He stated that he does not have enough data to be convinced that any of the current alternates have suitable skills to fill the full member position. He requested that we leave the full-member position vacant.
They voted unanimously for Mr. Provancha as alternate 1,
They voted unanimously for Ms. Magee as alternate 2,
They voted unanimously for Mr. Chambers as alternate 3,
They decided to handle item 17.
Gentz announced lack of support for Meyer's reappointment. Slattery immediately seconded that. This passed 3-2 with Dibello and Andersen voting against the lack of support.
Tremblay then read a statement noting that ZBR is a fact-based quasi-judicial body. He stated that he does not have enough data to be convinced that any of the current alternates have suitable skills to fill the full member position. He requested that we leave the full-member position vacant.
They voted unanimously for Mr. Provancha as alternate 1,
They voted unanimously for Ms. Magee as alternate 2,
They voted unanimously for Mr. Chambers as alternate 3,
19. LEGAL MATTERS – None
5. PERSONS WISHING TO BE HEARD
Ms. Carney contrasted the bill detail of the various town lawyers. All of the bills, except from one law office, contain good details. The bills of John Mancini, who worked on the Whalerock hearings, contains no detail except for the amount of money owed. Ms. Carney stated this is unacceptable billing. She read from the agreed contract which promises detailed billings. The payments of $35,000 were made to the law firm without ever receiving the detailed billing.
20. ADJOURNMENT
There will not be another meeting this month. The remaining items are continued until November's meeting.
The meeting adjourned at 11:15 pm
