Town Council preview: Council’s regular meeting held one week
earlier due to Columbus Day
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| Town Council plans to vote on ordinances to severely curtail parking of campers, work vehicles at home, plus detailed regulation of the shrubbery and parking at town businesses, at least those that still remain. |
The Council meetings again this Monday, October
7, 2013 at 7:00 p.m. at the Charlestown Town Hall.
Close observers of the Council know that you can
never know exactly where and when all hell will break loose – sometimes
innocuous items turn into major wars – but there are at least three items on
this agenda sure to cause a stir.
Two of them are ordinances to extend town control over residential property owners and town businesses
Planning Commissar Ruth Platner returns with her
two latest proposed ordinances which would allow the Town, meaning her, to
minutely regulate town businesses and, in some instances, town homeowners in
the way that they place trees, shrubs, mulch, grasses, lights, parking spaces,
cars and trucks, recreational equipment, work vehicles, etc. on their property.
Platner tried to sneak these two ordinances
through the Council last month through deceptively advertising it to the public
– failing to show how her proposal would change existing ordinance language –
and then with the help of Town Council Boss Tom Gentz, to cut off debate and
force a vote after the meeting time had expired.
The two ordinances, #359 and #360, continue to lengthen Charlestown’s reach into even the most minute details of living and working in Charlestown. Example: it will become a violation of the zoning law for a business to have less than two inches of natural mulch around a shrub; the shrub must be approved by the town, too. It becomes an offense for a Charlestown homeowner to park a work vehicle with more than 1.5 tons capacity on or near your property.
Another Y-Gate Scandal coming?
It’s no secret that CCA Party leaders Ruth
Platner and Tom Gentz are campaigning for the town to hand over control
of the land to the Charlestown Land Trust, which is led by CCA Party major donors and supporters.
But how to do it is the question. It looks like
the answer is to form the same sort of top-down, hand-picked super “ad hoc”
committee that would allow the Town Council to bypass and ignore the town
Commissions who would normally handle such a questions – i.e. Parks &
Recreation, Conservation and Economic Improvement.
This seems to be going the same way as the scandal that almost led to spending $1 million in taxpayer
money to buy the abandoned YMCA campground on Watchaug Pond. Use a loaded committee filled with
representatives of groups who have a conflict of interest and, if the Y-Gate
Scandal is any predictor, are not even town residents, operate in secret and try
to pick the taxpayers’ pockets.
The Y-Gate Scandal was blocked by effective
community action. If the CCA Party and its allies try to repeat history by
trying to give away this land that taxpayers just paid $2,114,445 to buy,
chances are we will go into another battle like Y-Gate.
Pay-offs to Political Supporters
While the emerging scheme to give away the
town’s newly purchased land could be seen as a gift to CCA Party supporters, there’s one item on the agenda that is a flat-out political
pay-off. Some readers may recall that Town Council Boss Gentz froze the renewal
of several Zoning Board members’ terms pending the outcome of the Whalerock
case.
That action looked like an attempt by Boss Gentz to hold those appointments hostage to ensure the members voted the “right” way.
That led to four members of the Zoning Board continuing to serve after their
terms had expired, casting some doubt on the legality of any matters that came
before them.
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| Two other recent CCA Party patronage appointments: Ron Areglado and Mrs. Soxman, Donna Chambers |
One of those members-in-limbo resigned due to
relocation out of Charlestown.
Now there is a motion coming up at this Council
meeting to reappoint the three members whose terms have expired and to replace
the member who resigned with the CCA Party’s leading web blogger Michael James
“Soxman” Chambers.
This would make it two CCA Party patronage
appointments for members of the Chambers family. You may recall that Mike’s
wife Donna got appointed to the Chariho School Committee largely
on her status as a CCA Party stalwart not to mention supporter of charter
schools. The Town Council added
the bonus of violating the Open Meetings Act in the way they picked her.
Chambers main qualification for this office is
his aggressive defense of the CCA Party and his attacks against Charlestown
Democrats in general and against me in particular.
For a great example of the kind of thinking-of-deep-thoughts
that won Mike this patronage appointment, click here for one of his finest pieces of punditry. Read the accompanying
comment from Mike’s CCA compatriot George Tremblay where Tremblay refutes just
about every point in Mike’s fact-challenged editorial.
Here’s the Council’s agenda in the actual order
in which items will be heard. My snarky comments are in bold, red print.
1. CALL TO ORDER, Moment of Silence,
Pledge of Allegiance
2. ROLL CALL
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. NOTE: this is good for Charlestown as it puts us on track to be able
to participate in FEMA Community Rating System. If and when Charlestown gets a CRS ranking, it
could mean discounts of as much as 15% on 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. NOTE: Ashley has had the tough job of working
under the thumb of Planning Commissar Ruth Platner. She’s moving on to West
Warwick; I’m guessing it’s for the job security. Factoring in unused time off,
her last day in the office is Oct. 21. Best of luck to ya, Ashley, as you take on another tough job.
8. NEW BUSINESS
a. Presentation
of Historic Cross’ Mills: A Self-Guided Tour by the
Charlestown Historical Society. NOTE:
this project was funded by a legislative grant secured for the Charlestown Historical
Society by Rep. Donna Walsh.
15. ORDINANCES, RESOLUTIONS AND
PROCLAMATIONS
a. Proclamation of November, 2013 as
Pancreatic Cancer Awareness Month
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.
Sometimes Councilors, especially Dan Slattery or Lisa DiBello, like to pull
items off the “consent agenda” if there’s some grandstanding to be done.
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. As
of 3 PM, Friday, there were no report links provided for Police Chief Jeff
Allen or Town Clerk Amy Rose Weinreich.
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
b.
Discussion and potential action regarding how to obtain
input to ordinances prior to Town Council Public Hearings. If you read Boss Gentz’s memo, you may see this discussion as damage control for the terrible way he and Planning Commissar Ruth Platner handled the two
anti-business ordinances that are coming up next when they were presented at the September Council meeting. I think Uncle Fluffy thinks a
little schmooze will make everyone feel all better and make it easier for him and his CCA Party colleagues to pass #359
and #360.
9. PUBLIC HEARINGS
a. Continuation
of the public hearing and potential action regarding #359 amending Chapter
218-74 Zoning, Landscaping
NOTE: This is a BAD, anti-business ordinance that
will drive existing businesses out of town and turn new businesses away. It is
regulatory overkill of the worst sort. Click here for a section-by-section analysis.
b. Continuation
of the public hearing and potential action regarding #360 amending Chapters
218–56 through 218-61 - Zoning, Parking
NOTE: Ditto. This is another terrible,
anti-business piece of regulatory overkill that also has a surprise provision
in it that will come as a shock to homeowners who own campers, RVs, boats or
who bring their work vehicle home with them. Click here for a section-by-section analysis.
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
NOTE: if you read the Parks & Rec. Commission
report, they were not unanimous on this event. Don’t be surprised if the
Arnolda folks roll out to oppose this one.
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
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\
So here we go again – Town
Council Boss Tom Gentz thinks that just because this type of questionable process was rejected
by the town a year ago and ruled illegal by the court, it will somehow become legal
today. What’s the definition of insanity, again? Click here.
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. NOTE: this didn’t go very well last year. One item
that got enacted was a bill allowing for the purchase of light poles by town
from National Grid.
10. COUNCIL SITTING AS BEVERAGE LICENSING
BOARD
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
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.”
NOTE: Saw this one coming from a mile away – yet another CCA Party patronage appointment to the CCA’s resident pundit and thinker-of-deep thoughts Mike Chambers, who along with his wife Donna Chambers (now on the Chariho School Board), Ron Areglado (also on the Chariho School Board) and Peter Herstein (Planning Commission) all come from the anti-Whalerock group who contributed mightily to the CCA Party’s 2012 electoral campaign.
This item comes at the very end of the meeting, probably to make sure the room is empty and no one raises an objection, having already worn themselves out on the earlier controversial items.
We'll all get to see if Chambers handles the facts that come before him on the Zoning Board any better than he does as the CCA Party's chief blogmeister.
NOTE: Saw this one coming from a mile away – yet another CCA Party patronage appointment to the CCA’s resident pundit and thinker-of-deep thoughts Mike Chambers, who along with his wife Donna Chambers (now on the Chariho School Board), Ron Areglado (also on the Chariho School Board) and Peter Herstein (Planning Commission) all come from the anti-Whalerock group who contributed mightily to the CCA Party’s 2012 electoral campaign.
This item comes at the very end of the meeting, probably to make sure the room is empty and no one raises an objection, having already worn themselves out on the earlier controversial items.
We'll all get to see if Chambers handles the facts that come before him on the Zoning Board any better than he does as the CCA Party's chief blogmeister.
TO THE VICTORS GO THE
SPOILS!
19. LEGAL MATTERS – None
20. ADJOURNMENT