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Monday, February 10, 2014

Preview: Town Council meets TONIGHT

On the agenda – mining, open records policy, use of former Whalerock land, parking and more
black and white (13785) Animated Gif on Giphy
Three hours that you'll never get back
By Will Collette

Ready or not, the Town Council will hold its regular monthly meeting at Town Hall at 7 PM Monday night. The official agenda, with items arranged to reflect the actual order of business, is re-printed below with my usual snarky commentary in bold, red typeface.

Before the beginning of the public meeting, the Council will meet in closed Executive Session to discuss some long-running litigation. 

One of those lawsuits is DiBello v. Charlestown, Town Councilor Lisa DiBello’s long-running complaint that charges that almost a dozen former town officials conspired against her and led to her firing in May 2010 as town Parks and Recreation Director. Click here to read her lawsuit.

Cases like these are often ended when the town insurer decides it’s time to settle. We’ll find out on Monday whether this is the time.

They will also discuss the latest in the on-going Shelter Cove litigation. This is a dispute between the town and the parking area next to Johnny Angel’s Clam Shack. The town has been trying to restrict parking there, even though it has been going on for years, because it competes with town parking at Charlestown Town Beach. According to documents I have received from the town, it looks like this is turning into a fight again.

The Council will also address some unfinished business including a plan for the use of the former proposed Whalerock wind turbine site which is now owned by the town. They will look at the plan to charge people money to get copies of public records from the town.

They will also look at the flawed ordinance to regulate quarries, sand pits, etc. that the Planning Commission decided was good enough to forward to the Council. The Planning Commission heard neighbors of Copar speak about the flaws in what could be a very good, maybe even model, ordinance. 

However, Planning Commissar Ruth Platner, backed up by temporary Town Planner Jane Weidman, decided they were sick of the issue and would send it to the Council, defects and all.

Platner told the Copar neighbors the Council would probably hold a workshop to review those defects, and their remedies, before taking formal action. However, that’s not what’s on the agenda. What’s on the agenda is a first reading and motion to set the date for a public hearing.

Click here to see detail on the ordinance including what’s good about it (plenty, as it turns out) and what’s not. These flaws create loopholes for unscrupulous operators. There’s no need for that since the flaws are easy to see and to fix. Unless you’re sick of it, as Platner and Weidman say they are.

I plan to live-blog the meeting, provided ClerkBase doesn’t fail again. I described ClerkBase’s problems (click here) and include a back-door way of getting onto ClerkBase if you have trouble accessing it. The back-door fix only works on Internet Explorer.

Here’s the agenda for the Monday meeting:

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

2.      ROLL CALL
Motion to move items 15a, 8a, 7a and 12 to be heard next on the Agenda

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
a.      Presentation of a Commendation to Ptlm. Christopher Bruso

8.      NEW BUSINESS
a.      Presentation of the FY 2013 Audit by Cayer Caccia, LLP and Council discussion and potential action regarding the same. This is a regular item at this time of year. There are rarely any surprises and the presentation is usually pretty mind-numbing. We’ll see if the pattern holds.

7.      UNFINISHED BUSINESS
a.      Presentation of WebGIS by Stephen McCandless, GIS Coordinator and Council discussion and potential action regarding the same

12.    CONSENT AGENDA All items marked with “CA” are to be considered consent agenda. These items are deemed non-controversial and are voted on as a bloc without discussion or debate. Councilor DiBello or Councilor Dan Slattery (CCA Party) usually pull two or three of these items for full discussion for some reason known only to themselves.

Motion to accept, approve and place on file the following as the consent agenda: 11a, 11b, 13a, 13b, 16a, 17a, 17b, 17c, 18a

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: Memorial Day Parade
Park Reservation (Setup): May 25, 2014
Event Date: May 25, 2014
Camping: N/A
Insurance: $1 Million General Liability
Fee: Waived
2.      Event: Big Apple Circus “Luminocity”
Park Reservation (Setup): June 26 – July 17, 2014
Event Dates: July 5 – July 13, 2014 (total of 12 shows)
Camping: Yes
Insurance: $5 Million General Liability
Fee: $9,000
3.      Event: Seaside Classic Soccer Tournament
Park Reservation (Setup): July 12 – July 13, 2014
Event Dates: July 12 – July 13, 2014
Camping: N/A
Insurance: $1 Million General Liability
Fee: $3,400
4.      Event: Frosty Drew VIP Fundraising Event
(formerly Sea Star Marketplace)
Park Reservation (Setup): July 22 – July 28, 2014
Event Date: July 26, 2014
Camping: N/A
Insurance: $2 Million General Liability, $2 Million Liquor Liability
Fee: Waived
5.      Event: Frosty Drew Arts Festival
(formerly Sea Star Marketplace)
Park Reservation (Setup): July 20 – July 27, 2015
Event Dates: July 24 – July 26, 2015
Camping: for 25 exhibitors
Insurance: $2 Million General Liability, $2 Million Liquor Liability
Fee: Waived
6.      Event: Frosty Drew Run
Park Reservation (Setup): May 3, 2014
Event Date: May 3, 2014
Camping: N/A
Insurance: $1 Million General Liability
Fee: Waived
7.      Event: Bob Beal Memorial Criterium
Park Reservation (Setup): August 17, 2014
Event Date: August 17, 2014
Camping: N/A
Insurance: $1 Million General Liability
Fee: $100 prior to the event, $2 per rider after the event
8.      Event: Mystic Velo Club Criterium
Park Reservation (Setup): April 19, 2014
Event Date: April 19, 2014
Camping: N/A
Insurance: $1 Million per Occurrence
Fee: $100 paid prior to event, $2 per rider paid after the event
9.      Event: 12th Annual Chris Hinds FUJI “Sunshine” Criterium
Park Reservation (Setup): March 29, 2014
Event Date: March 29, 2014
Camping: N/A
Insurance: $1 Million General Liability
Fee: $100 paid prior to the event, $2 per rider after the event

“CA” b.  Discussion and potential action regarding the 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:
1.      Event: Northeast Skim Tour
Town Beach Reservation (Setup): June 14 – June 15, 2014
Event Dates: June 14 – June 15, 2014
Camping: N/A
Insurance: $2 Million General Liability
Fee: Waived

13.    MINUTES AND REPORTS
“CA” a. Town Council Minutes: January 8; January 13
“CA” b. Reports: Building Official – January 2014; Police Chief – January 2014; Public Works Director – January 2014; Town Clerk – January 2014; Wastewater Manager – January 2014

16.    COMMUNICATIONS AND PETITIONS
“CA” a. Memo from the Director of Parks and Recreation regarding the Commission’s intent to recommend a new name for the property known as “Mud Cove”

17.    APPOINTMENTS AND RESIGNATIONS
“CA” a. Discussion and potential action regarding acceptance of the resignation Peter Slom from the Parks and Recreation Commission with regret
“CA” b. Reappointment of Thomas Nowell to the Parks and Recreation Commission, term to expire in January of 2017
“CA” c. Reappointment of Margaret Toth to the Juvenile Hearing Board, term to expire in February of 2017

18.    FISCAL MATTERS
“CA” a. Request from the Tax Assessor for abatements in the amount of $523.02

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
b.      Discussion and potential action regarding the Town’s APRA policy. Here’s how the CCA Party plans to control the flow of public records to the community. “Transparency” but for a price.

c.      Discussion and potential action regarding the Charlestown Moraine Preserve Management Plan. Looks to me like the Conservation Commission did a good job of coming up with a plan for the town’s use of the land most people remember as the site of the proposed Whalerock wind turbine project.

9.      PUBLIC HEARINGS – None

10.    COUNCIL SITTING AS BEVERAGE LICENSING BOARD – None

14.    ANNOUNCEMENTS

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
b.      Discussion and potential action regarding a Resolution to Urge Repeal of Master-Lever Voting. This is a favorite cause of the now moribund Moderate Party, of which CCA Party Town Councilor Dan Slattery used to be a member.

c.      Introduction and first reading of Ordinance #362  - Chapter 218, Zoning Map Amendment (Collins Revocable Living Trust, 9 Prosser Trail, Map 17, Lot 185), to be advertised for public hearing on March 10, 2014. The owners want to convert the property, currently zoned commercial, to R-40 and subdivide it into three house lots.

d.      Introduction and first reading of Ordinance #363 – Chapter 218-59, Commercial and recreation vehicles in residential district (Parking), to be advertised for public hearing on March 10, 2014. This is supposed to clarify the terms and conditions under which residents can park commercial or recreational vehicles at their homes.

e.      Introduction and first reading of Ordinance #364 – Chapter 155, Nuisances (Extraction), to be advertised for public hearing on March 10, 2014. When Ruth Platner decided to deliberately send the Town Council an ordinance filled with defects – click here for details – she said the Council would likely hold a workshop to look at those defects before acting on the ordinance. 

Well, that’s not what’s happening. Question – did Platner lie or did she fail to communicate that promise to the Council. 

Either way, this is a sloppy way for Charlestown to address what could be a very good thing for Charlestown.

18.    FISCAL MATTERS
b.      Discussion and potential action regarding a resolution reaffirming the authority of Geoffrey Marchant, Director, Community Development Consortium to execute Community Development Block Grant (CDBG) program documents on behalf of the Town of Charlestown. Not sure why this item is on the agenda. I don’t recall ever seeing this before. Marchant has been acting in this capacity for years.

19.    LEGAL MATTERS – None

20.    ADJOURNMENT