Friday, August 8, 2014

Town Council Preview – Tuesday, not Monday (VJ Day)

Three meetings Tuesday 
By Will Collette
Rhode Island is the only state in the union that still celebrates VJ Day - Victory over Japan in World War II - as a legal holiday. So the regular meetings of the Charlestown Town Council will be Tuesday, not Monday.

Before Tuesday night’s regular Town Council meeting, there will be two special meetings, both held primarily in closed, executive session. This is pretty unusual to have two. 

The first of these meetings will take place at the Charlestown-Richmond Fire Station, north of Town Hall at noon. The sole topic of that meeting will be Councilor Lisa DiBello’s long-running conspiracy lawsuit against Charlestown over her May 2010 firing. She had once offered to settle the case for $1.5 million (the link takes you to my January 2012 article and contains copies of the settlement offer from DiBello's attorney).

Cases like hers are often settled at the insistence of the insurance company for the municipality. This one is ripe for a similar resolution and it would end the odd circumstance – unique, I am told – where a sitting Council member is suing the town they are supposed to be serving.

However, in a letter to the editor published in Friday's Westerly Sun (but not on their electronic version), former Town Councilor Jim Mageau claimed that Town Council Boss Tom Gentz (CCA Party) has been holding up a settlement agreement. Mageau also claimed that a "whispering campaign" against DiBello had been going on in Charlestown.

The second closed, executive session will be at 6:30 PM back at Town Hall. The sole item on this agenda is the recently decided case of McCabe v. Charlestown. Click here for the decision and here for the news round-up where I reported on this case. In a nutshell, Paul McCabe sued Charlestown after he was found guilty in Municipal Court of failing to replace an old, illegal cesspool.

He appealed to Superior Court and the Court upheld Charlestown in every respect, except the way the notice was given that started the daily fines against McCabe. The Court determined the fines would start the day the decision was issued and would continue until McCabe replaces the cesspool with an acceptable new system. Not sure what this item is about, and we won’t know because it will be discussed behind closed doors.

The regular meeting agenda is unusually light on terrible or controversial items. Perhaps this is due to the coming election, with the CCA Party incumbents hoping that voters will only remember the last couple of Council meetings, and not all the other crazy stuff they have done during this Council term. Like the last couple of Council meetings (click here and here and here and here for more).

Among the matters to watch are the CCA Party’s continuing effort to stack the Zoning Board with its loyalists, the renaming of Mud Cove; and Chuck Wentworth wants to plant a tree (I’m dying to see how the CCA Boys will drag this one off the Consent Agenda for debate to pander to their political base).

Either the meeting will be short, or the Councilors will grab at some items as reasons to fight, or more likely, pontificate.

Missing from the agenda: any discussion about the state’s intended purchase of the Audubon Society’s Kimball Wildlife Sanctuary. You would think the Council would be all over this given the new CCA Party Campaign Platform statement that “CCA-endorsed candidates are committed to opposing state legislative and administrative initiatives that threaten to remove local control over Planning, Zoning, and the protection of Charlestown’s environment and community character.”

This bit of CCA double-speak is intended to cover themselves. At the last two Council meetings, the CCA Boys made idiots of themselves attacking the state Water Resource Board for its planned purchase of several parcels from the Glista family to be held as open space to preserve the clean water underneath.

Why did they go after the Water Resources Board for wanting to buy land for open space and not go after DEM for wanting to buy land for open space? I specifically asked Town Administrator Mark Stankiewicz by e-mail if there was any interaction with the state over the Kimball Wildlife Refuge deal and he did not respond.

Here is the meeting agenda, shown in the actual order of business, with my usual obnoxious and snarky remarks shown in bold red.



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

2.      ROLL CALL

Motion to move item 15a and 12 to be heard next on the Agenda

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS

a.      Proclamation for Richard Hosp

Richard Hosp has been a faithful and long-serving member of the community (former Town Councilor, Budget Commission member). He has been going through some rough medical problems. His wife Martha wrote a wonderful letter to the editor of the Sun (click here) after Richard was saved from a near-fatal heart attack.

12.    CONSENT AGENDA

All items marked with “CA” are to be considered consent agenda. These are supposed to be non-controversial items, so uncontroversial that the Council will vote to adopt them on one block vote without debate or discussion, unless of course, one of the Councilors, usually Lisa DiBello, decides to pull an item for some such reason.

Motion to accept, approve and place on file the following as the consent agenda: 8a, 11a, 11b, 11c, 13a, 13b, 17a, 18a, 18b, 18c, 18d, 18e, 18f

8.      NEW BUSINESS

“CA” a. Discussion and Potential Action Regarding the Approval of a Tree Dedication and Planting Provided by Chuck Wentworth in Ninigret Park in Memoriam of "Chili Brother" Avery Scholl

NOTE: a lot of CCA Party backers don’t like Chuck Wentworth because he is the founder and organizer of Charlestown’s annual Rhythm & Roots Festival. I have seen them come out on the attack just because of their animus toward the event, or for that matter, any event in Ninigret Park. It’ll be interesting to see if they want to pick a fight over this.

11.    LICENSES AND PERMITS

“CA” a. Discussion and potential action regarding the approval of the following events at the Community Center 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: Jerry Cote Birthday Party
Event Dates: August 23, 2014
Camping: N/A
Insurance: N/A
Fee: $145.00

“CA” b. Discussion and potential action regarding the approval of the following events at the Ninigret Park Kimball Pavilion 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: Sellins Family Reunion
Event Dates: September 13, 2014
Camping: N/A
Insurance: N/A
Fee: $50.00

“CA” c. 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:

Event: Chariho Flag Football League
Event Dates: September 6, 13, 20, 27; October 4,11,18,25; November 1,8; Total of 10 dates
Camping: N/A
Insurance: One Million General Liability
Fee: $250

13.    MINUTES AND REPORTS

“CA” a. Town Council Minutes: July 9 (5:30 and 6:00 Workshops); July 14 (Executive and Cancelled); July 17 (Regular)

 “CA” b. Reports: Building Official – July 2014; Police Chief – July 2014; Public Works Director – July 2014; Town Clerk – July 2014; Treasurer – June 2014; Wastewater – July 2014

17.    APPOINTMENTS AND RESIGNATIONS

“CA” a. Discussion and Potential Action Regarding the Appointments of Susan W. Barrett and John Patrick Barrett as Alternates to Agricultural Preservation, Terms to Expire in January of 2015

18.    FISCAL MATTERS

“CA” a. Discussion and Potential Action Regarding a New Parks and Recreation Theater Program as Budgeted in Line Item 815.8035

“CA” b. Discussion and Potential Action Regarding the Award of the Roll-Off Container Bid to Custom Container Solutions for an Amount Not to Exceed $6,375.00, as Budgeted in Line Item 990-9933, 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” c. Discussion and Potential Action Regarding the Approval of the Purchase of the IQM2 Government Meeting Management Software at a Rate of $885.00 Per Month for the Unlimited Use of MinuteTraq and MediaTraq with Funding to Come from Line Item 01.490.4950, 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.

NOTE: this item will lead to the replacement of Clerkbase, a quirky system I’ve often complained about, with a new system that is supposed to be much more user friendly. Providence uses it and I checked it out. I was stunned at how fast IQM2 is and how easy it was to get on and then move around the system. IQM2 is supposed to be able to customize their package to provide Charlestown with all the good features many of us had gotten used to (e.g. indexed video, linked documents) without the Clerkbase headaches. I really hope this works.

“CA” d. Request from the Tax Assessor for Abatements in the Amount of $1200.26

“CA” e. Discussion and Potential Action Regarding a New Parks and Recreation Adult Tennis Program as Budgeted in Line Item 815.8035

“CA” f. Discussion and Potential Action Regarding the Award of the Police Mower Bid to Pat's Power Equipment, Inc. for an Amount Not to Exceed $ 6,958.89, as Budgeted in Line Item 990-9907, 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

Not a mulching mower? Are the clippings going to be composted? What is the cost for the service and maintenance on this item?

3.      PUBLIC COMMENT for items not on the Agenda

4.      COUNCIL COMMENTS  

5.      PERSONS WISHING TO BE HEARD – None

6.      ADMINISTRATOR, SOLICITOR, COMMISSION REPORTS

a. Town Administrator

b. Commission Reports

7.      UNFINISHED BUSINESS – None

8.      NEW BUSINESS

b.      Discussion and Potential Action Regarding the of Renaming Mud Cove to Pawaget Park

NOTE: that seems to be a thing in Charlestown in recent years, to take old features and give them new names. In this instance, the proposed new name reflects the name the Narragansetts gave to Ninigret Pond and was endorsed by the Charlestown Historical Society.

c.      Discussion and Potential Action Requesting an Updated Advisory from the Affordable Housing Commission Regarding the ChurchWoods Land Acquisition that Stems from the Revised Funding Source and Other Changes from the October 2, 2012 Affordable Housing Commission Advisory for Return by the September 2014 Town Council Meeting

NOTE: this seems to be a very routine matter since the big news came last month when Geoff Marchant reported that he secured the much-needed federal funding to make this project happen.

9.      PUBLIC HEARINGS – None

10.    COUNCIL SITTING AS BEVERAGE LICENSING BOARD – None

14.    ANNOUNCEMENTS

a.      Board and Commission vacancies

16.    COMMUNICATIONS AND PETITIONS

a.      Discussion and Potential Action Regarding a Communication from Representative Donna Walsh Regarding a Single Taxing District, as Described in the July 2014 Special Pipeline

NOTE: this continues the discussion about the bogus “single taxing district” (STD) issue that Councilor Dan Slattery (CCA Party) wants to inflate into some great big emergency when, as Rep. Walsh explains, “the sky is not falling.” Rep. Walsh points out that the taxpayer-funded town mailer about the STD issue was a mistake because it alarmed residents unnecessary – she notes that it takes consensus among the three Chariho Towns and the School Committee before the General Assembly would pass such legislation and then a “yes” vote by all three towns’ voters before any such legislation would go into effect.

17.    APPOINTMENTS AND RESIGNATIONS

b.      Discussion and potential action regarding the following appointments to the Bicycle Pathway Ad Hoc Committee; applications received from Faith LaBossiere, Richard Horstmann, Jonathan Hammett, and Patrick Lyons

c.   Discussion and Potential Action  to make membership Appointments to the Zoning Board of Review – 1 Full Member (Term to Expire in July of 2019) and Alternate #3 (Term to Expire in July of 2015); application received from Joseph Quadrato

NOTE: this continues the CCA Party’s determined effort to stack the Zoning Board of Review with die-hard CCA Party loyalists who will vote the CCA agenda rather than the law. Watch for a huge uptick in lawsuits against the town when applicants get screwed. The town will probably lose most of those lawsuits and the costs to the town will be terrible. This particular vote is forced by last month’s disgraceful purge by the CCA Party of long-serving ZBR member Richard Frank.

18.    FISCAL MATTERS

g.      Discussion and Potential Action Regarding Community Septic Loan Program Resolutions, Approving the Application for Additional Funding from the RI Clean Water Finance Agency in the Amount of $300,000 and Approving Charlestown’s Community Septic System Loan Program Criteria, Giving Authorization to the Town Council President and the Town Administrator, 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

NOTE: this is a great program that helps residents cope with the costs of replacing a failed septic system with a new state-of-the-art system through low interest, 2%, 10-year loans for those that qualify. Only a handful of towns in Rhode Island go through the paperwork to provide this for their residents and Charlestown has been doing it for years.

19.    LEGAL MATTERS – None


20.    ADJOURNMENT