Friday, April 11, 2014

UPDATED WITH DOCUMENT LINKS, COMMENTARY - Town Council meeting preview

Town budget, CDBG grants, Chariho withdrawal, mining ordinance and sale of town right-of-way on the agenda
By Will Collette
transparent animated GIFThe Council will take its first official action on the proposed budget for FY2015 which starts July 1. The only action needed at the Monday meeting is to accept the budget and set it for public hearing on May 4. The budget is less than last year by a lot - $2.6 million – but only because we made a couple of large, one-time-only payments by paying off the loan on the Police Station construction before it was due and paying cash for road work.

The Budget Commission is recommending a budget that calls for the town to collect $23,197,455 in taxes for next year, compared to $22,712,264 which was budgeted to be collected for the current year. That's an anticipated increase in tax collections of $485,191. At the same time, because of the town-wide revaluation, Charlestown's property tax base shrunk by $60 million.

So once again, the tax rate will rise, this time to an estimated $9.87 per thousand in assessed value, up from $9.46 currently. Your actual bottom line will depend on how much your assessment changed when you received your new revaluation number in the letter sent to you by Tax Assessor Ken Swain. As more information about the budget and from the Tax Assessor's office comes out, we'll know more.

From the Tax Assessor website
So it's consistent: for each year the Charlestown Citizens Alliance has controlled the Town Council, property taxes have gone up.

The Council will also discuss its priorities for what local projects to propose for funding with federal Community Development Block Grant funds. This annual item usually sparks some interesting debate.

The Council will continue the public hearing on the town’s ordinance to control quarries and sand pits. After hearing lots of resistance from quarry owners and suggestions from neighbors of these quarries, the version the Council will discuss on Monday is dramatically different and, in my opinion, greatly improved from the version originally sent to it by the Planning Commission.

For one thing, the new draft of the ordinance cuts the Planning Commission out of the process. If the Council adopts this version, it will be the first time I can remember where the power of Planning Commissar Ruth Platner and her plucky planistas has been curtailed.

Toward the end of the agenda, the Council will discuss the merits of selling a 5-foot wide strip of town-owned beach access to neighboring beach property owners, many of whom are non-residents, who feel that members of the public misuse that strip of land when they go to the beach and trespass on their land. 

I don't like the idea of the town selling off public access to the beach. Public access to the beach is a long-standing issue in Rhode Island and is currently being litigated in Westerly. This deal gives the appearance of favoritism to beach property owners over public beach goers. 

However, the CCA Party owes its existence to the generous campaign contributions of the non-residents who get priority service from the town.

Before the public portion of the meeting starts, the Council will meet in private Executive Session to discuss litigation with Shelter Cove Properties and potentially suing the owners of 372 Charlestown Beach Road. They are listed as Hugh, Anna and Francis Jones and the property is shown on the tax assessor’s website as a boarded up structure that was “destroyed by fire.”

The regular Council session starts at 7 PM in the Council Chambers at Town Hall. The actual order of business is shown below. Links to agenda documents will be added in later as they become available on Clerkbase.

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

2.      ROLL CALL
Motion to move items 17e, 15e, 18a, 9c, 18b and 12 to be heard next on the Agenda and to move item 15a to be heard before item 9a.

17.    APPOINTMENTS AND RESIGNATIONS
e.      Discussion and potential action regarding the acceptance of the resignation of Ellen A. Hefler from the position of Deputy Town Clerk, effective May 2, 2014. NOTE: best wishes to Ellen on her retirement. She was always friendly and helpful, often above and beyond the call of duty. I’m sorry to see her go.

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
e.      Discussion and potential action regarding the Proclamation of April as Donate Life Month

18.    FISCAL MATTERS
a.      Discussion and potential action regarding the adoption of a tentative 2014-2015 Budget and potential warrant items for presentation at the Budget Public Hearing on May 5, 2014 (per Charter C-81). 

The Council will officially receive the new budget for the first time and will send it forward to the May public hearing which will then be followed by a town referendum. 

On the surface, the budget is $3 million less than last year, but in fact, that $3 million reflects the Council’s decision to spend $3 million to pay off the loan on the Police Station BEFORE it was due and for road repairs, instead of using bonds. Those two expenses last year were one-time-only. We’ll have more detailed, separate coverage of the budget later.

9.      PUBLIC HEARINGS
c.      Public hearing and potential action regarding the Community Development Block Grant –

18.    FISCAL MATTERS
b.      Discussion and potential action regarding the use of CDBG funds to provide deferred loans for the replacement of Mobile Homes

12.    CONSENT AGENDA
All items marked with “CA” are to be considered consent agenda
Motion to accept, approve and place on file the following as the consent agenda: 11a, 11b, 11c, 13a, 13b, 15c, 15d, 17a, 17b, 17c, 17d, 18c, 18d, 18e, 18f, 18g, 18h, 18i, and 18j. 
These are items considered non-controversial (sort of) and are handled as a bloc, voted on without discussion or debate. Councilor Lisa DiBello usually pulls one or two items from the list for discussion. Councilor Dan Slattery sometimes pulls an item or two as well.

Notice item #17.c. buried in the consent agenda below (I've highlighted it in yellow). This bit of pointless detritus from last month's meeting should be out in the open, not buried as it is. 

11.    LICENSES AND PERMITS
“CA” a. Discussion and potential action regarding the 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: NBX Cycling Club Summer Training Series
Event Dates: Wednesday evenings; April 16, 2014 to August 27, 2014; 5:00 p.m. to 8:00 p.m.
Camping: None
Insurance: $1 Million General Liability
Fee: (see below)
·         $100.00 use of Kimball Pavilion fee, due at time of application, to be used for registration purposes, day one
·         Sixteen dates as prescribed by schedule. No rain dates prescribed or available and schedule subject to change if the Parks and Recreation Department deems it necessary for any reason, i.e. weather, condition of course, scheduling conflicts, etc.
·         NBX calculates the number of riders per week and provides email information as to attendance weekly
·         NBX calculates total number of riders for the 16 date season, multiplying by $2.00 per rider for total calculation
·         Payment is due within 14 days of the conclusion of the season
2.      Event: Charlestown Elementary School Walk-a-thon, Charlestown PTO
Event Dates: May 24, 2014
Camping: None
Insurance: $1 Million General Liability
Fee: Waived
3.      Event: Run for Freedom – Joy Fellowship Assembly of God
Event Dates: June 7, 2014; 10:00 a.m. to 1:00 p.m.
Camping: None
Insurance: $1 Million General Liability
Fee: Waived
4.      Event: Ocean State Summer Cup, Chariho High School Girls Soccer Team 
Event Dates: Tuesday evenings; June 24, 2014 to August 28, 2014; 5:30 p.m. to 8:00 p.m.
Camping: None
Insurance: $1 Million General Liability
Fee: Waived

“CA” b. Discussion and potential action regarding the approval of the following events at Wicklund 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: Chariho Girls Softball League
Event Dates: April 15, 2014 to August 30, 2014
Camping: None
Insurance: $1 Million General Liability
Fee: Waived

“CA” c. Discussion and potential action regarding the approval of the following events at Puchalski Field 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: Chariho Cowboy 2014 Season
Event Dates: Sundays; from September 7, 2014 to November 23, 2014 (Weeknights from August 1, 2014 to September 12, 2014; Saturdays from August 1, 2014 to November 22, 2014)
Camping: None
Insurance: $1 Million General Liability
Fee: Waived

13.    MINUTES AND REPORTS
“CA” a. Town Council Minutes:
March 5 (Special and Workshop); March 10 (Executive and Regular)
“CA” b. Reports:
Building Official – March 2014; Police Chief – March 2014; Public Works Director – March 2014; Town Clerk – March 2014; Treasurer – February 2014

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
“CA” c. Discussion and potential action regarding a Resolution Supporting a Moratorium on Comprehensive Permit Applications, similar to Council resolution passed on November 12, 2013. This is old news and now, with new pro-business leadership in the House of Reps, even more of a futile gesture.
“CA” d. Discussion and potential action on a Resolution thanking Dan Beardsley for his 40 years of service to the Rhode Island League of Cities and Towns

17.    APPOINTMENTS AND RESIGNATIONS
“CA” a. Discussion and potential action regarding the acceptance of the resignation of Donna Greene from the Parks and Recreation Commission with regret
“CA” b. Discussion and potential action regarding the acceptance of the resignation of Kim Freni
from the Board of Canvassers with regret

“CA” c. Discussion and potential action regarding the appointment of Linda Philips, Ronald J. Areglado and Christopher J. Sheehan to the Ad Hoc Chariho Withdrawal Committee, term to run concurrent with Council terms. 

This is the ridiculous outcome of Councilor Dan Slattery’s call to arms against the other two Chariho towns for daring to suggest changes in the Chariho Act. This whole issue is classic Slattery – overblown, overwrought puffery based on half-truths and designed to create new, imaginary demons that Deputy Dan can ride out and slay. 

Slattery's blood started to blood when the Richmond Town Council got Rep. Larry Valencia to introduce two bills regarding Chariho that Slattery doesn't like. I doubt this bills were anything more than "by request" bills when they were introduced, but after Gordon Fox was bounced as Speaker of the House and replaced by Nick Mattiello, all hope for these bills died - Larry supported Mattiello's opponent and will be punished by having his bills die in committee. 

Besides, the state would not allow Chariho to break apart unless it's in the STATE'S self-interest for Chariho to be dismantled. Slattery probably knows all this, but he's not one to let any crisis - real or imagined - go to waste.

And since this whole thing is based on ridiculous puffery, what better person to name to the committee than the Right Honorable Ron Areglado, the CCA Party’s patronage appointee to the Chariho School Committee.

This subject is on the "consent agenda" so none of this will actually be discussed. The Council will simply vote to create a ridiculous, useless committee to give Slattery another toy to play with.

“CA” d. Discussion and potential action regarding the appointment of Anne Mullhall to the Friends of Ninigret Park Subcommittee, term to expire in February of 2017

18.    FISCAL MATTERS

“CA” c. Discussion and potential action regarding the bid award to refurbish the Komatsu WA-30 4 Wheel Loader to PBE Group in an amount not to exceed $10,000.00, as budgeted, through line item 01.990.9937, and authorization of the Town Administrator and Town Treasurer, each, to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be necessary to carry into effect the foregoing

“CA” d. Discussion and potential action regarding the bid award for replacement of wainscoting and removal of the wing-walls at Town Hall to V & M Construction, Inc. in the amount of $15,038.00, with funds to be drawn from the Capital Improvement Fund, and authorization of the Town Administrator and Town Treasurer, each, to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be necessary to carry into effect the foregoing

“CA” e. Discussion and potential action regarding the award of the Klondike Rd Phase II bid
to Cardi Corporation in the amount of $793,337.50.00, as budgeted in line item 70.000.5100.000, with authorization to expend the balance of the budget approved by Referendum to be available for built-in cost adjustments, unforeseen conditions on site, line striping and other contingencies after construction is completed and authorization of the Town Administrator and Town Treasurer, each, to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be necessary to carry into effect the foregoing

“CA” f. Discussion and potential action regarding the award of the Beach Cleaning Services bid to H.S. Plaut Environmental Company in the amount of $13,000.00, as budgeted, through line items 01.820.6095 and 01.850.6095 and authorization of the Town Administrator and Town Treasurer, each, to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be necessary to carry into effect the foregoing

“CA” g. Appointment of Tara Welinsky as Interim Deputy Town Clerk beginning May 5, 2014 until the vacant position is filled and a permanent appointment is made by the Town Council, 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 item 470-5010 (Public Records – Town Clerk Wages)

“CA” h. Discussion and potential action regarding the approval of the CodeRed Emergency Communication Network two-year extension contract in the amount of $13,020.00 from 01.490.4950.000 to complete the original agreement from One Call Now dated April 19, 2011 (Emergency Communication Network acquired One Call Now June 1, 2012 and is honoring the One Call Now contract.) and authorization of the Town Administrator and Town Treasurer, each, to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be necessary to carry into effect the foregoing

“CA” i. Discussion and potential action regarding the approval of Beach fees as recommended by the Parks and Recreation Commission as follows:
Season Passes:

Resident/Taxpayer Beach Sticker:
$45

Resident/Taxpayer Beach Sticker – Senior:
$25

Non Resident (Blue Shutters Only):
$90

Non Resident (Blue Shutters Only):
$50

Cottage Passes:

$400

Daily Entrance Fee:




Charlestown Beach



Weekday:
$15


Weekend/Holidays:
$20


Blue Shutters Beach



Weekday:
$15


Weekend/Holidays:
$20

“CA” j. Discussion and potential action regarding an administrative change of the Community Garden from the Town of Charlestown to Southern Rhode Island Volunteers and authorization of the Town Administrator and Town Treasurer, each, to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be necessary to carry into effect the foregoing.

3. PUBLIC COMMENT for items not on the Agenda

4. COUNCIL COMMENTS  

5. PERSONS WISHING TO BE HEARD
a. Joseph S. Dolock – Memorial Day Parade

6.  ADMINISTRATOR and COMMISSION REPORTS
a. Town Administrator
b. Commission Reports

7.      UNFINISHED BUSINESS
a.      Discussion and potential action regarding the Ninigret Park event fee schedule with an advisory opinion from the Parks and Recreation Commission

8.      NEW BUSINESS
a.      Discussion and potential action regarding the nomination of Colors for a Cause RI
for the Charlestown Community Service Award

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
a.      Discussion and potential action regarding a Resolution Seeking Amendments to the Rhode Island General Law (Extraction). This resolution asks Charlestown's General Assembly representatives (Rep. Donna Walsh, Senators Cathie Cool Rumsey and Dennis Algiere) to seek a municipal bill that authorizes Charlestown to enact and enforce Ordinance #364, below.

9.      PUBLIC HEARINGS
a.      Public hearing and potential action regarding Ordinance #364 – Chapter 155, Nuisances (Extraction). This is a continuation of the public hearing on the ordinance to bring Charlestown’s quarries under town regulation for the first time. The Ordinance was listed as Ordinance #362, but has been greatly changed and re-numbered as Ordinance #364. I discuss the details in this ordinance in a separate article (click here)

b.      Public Hearing and potential action regarding the sale and/or disposal of Map 9, Lot 19  (Charlestown Beach Road). 

Charlestown is considering cutting off a town owned right-of-way to Charlestown Town Beach in order to resolve complaints about trespass by people using the right-of-way. Those complaints come from beach property owners around that right of way, many of whom are non-residents. I think the town should give its first priority to protecting public access - and address the complaints from property owners over illegal conduct through the police.

10.    COUNCIL SITTING AS BEVERAGE LICENSING BOARD
a.      Motion to order advertised for public hearing on May 12, 2014 at 7:00 pm, the following applications for beverage license: Charlestown Chamber of Commerce d/b/a Charlestown Chamber of Commerce 30th Annual Seafood Festival for Class F Liquor License for the 30th Annual Charlestown Chamber of Commerce Seafood Festival to be held at Ninigret Park on August 1-alcohol served 12:00 pm until 10:00 pm, August 2-alcohol served 11:00 am until 10:00 pm, August 3-alcohol served 11:00 am until 9:00 pm.

14.    ANNOUNCEMENTS
a.      Board and Commission vacancies

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
b.      Discussion and potential action on a Plastic Bag Ban Resolution. This was on last month’s agenda but was not discussed for lack of time.
f.       Discussion and potential action regarding a Resolution on Fortified Building Codes forResidential and Commercial Buildings The attachments to this resolution offer lots of very good detail on how to storm-proof structures. If you're thinking of a retrofit, this is essential reading.

16.    COMMUNICATIONS AND PETITIONS – None

19.    LEGAL MATTERS – None


20.    ADJOURNMENT