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Monday, January 12, 2015

UPDATED: Town Council meets Monday, January 12

Blah, blah, blah
By Will Collette
UPDATE: When I filed my Council preview last Friday, I noted last Friday that the Clerkbase agenda for tonight's meeting was missing documents, those documents were posted this morning. They include Town Administrator Stankiewicz's monthly report and proposed new Ordinance #369.


* * * 

The all-CCA Party Town Council meets on Monday night. They have an agenda. The published one appears below. The unpublished one has already been settled in the secret CCA Party club house.

There aren’t many items on this agenda that are likely to spark much controversy among the all-CCA Councilors. If there's going to be any controversy, it will have to come from the public and I'd rate the odds of that very low.

There are some technical problems with the documents linked to various agenda items. More on that below the fold. One key item to watch in this meeting comes near the end of the meeting when the Council must choose between two contenders for an open seat on the Economic Improvement Commission.

Other than that, the show must go on.

NOTE: if you want to actually read the documents that are linked into most agenda items, if you use Google Chrome, the pages will come up blank on many of the items. Other browsers seem to work My colleagues and I tested the links on Internet Explorer and Mozilla Firefox where they seem to work OK. 

So, if you want to see the records, don't use Chrome.

As usual with Clerkbase glitches, I can't tell you whether the problem is the town's, Clerkbase's or Microsoft's.

Town Administrator Mark Stankiewicz no longer responds to my questions except to treat them as open records requests. 

The Town was supposed to be switching to a new service to provide meeting coverage (agendas, video, documents, etc.) called IQM2. At one point, before he stopped talking to me, Stankiewicz had asked me to check out the new system which is in use in a number of other municipalities. I did (and also did a corporate background check).

I reported to Stankiewicz that IQM2 seemed better to me than Clerkbase and that I didn't see any red flags in my corporate background research. The Council approved the switch last August but the change has yet to happen. Maybe Stankiewicz put Sensys, the red-light camera contractor, in charge of implementation.

On November 25, I asked Stankiewicz when IQM2 was going to come on line. He hasn't answered my question.

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

2.  ROLL CALL
Motion to move items 12 and 15a, 15b, 15c, 15d, and 15e to be heard next on the Agenda

12.   CONSENT AGENDA
All items marked with “CA” are to be considered consent agenda (meaning they are considered non-controversial and will be voted on as a bloc, without discussion or debate)

Motion to accept, approve and place on file the following as the consent agenda: 11a, 11b, 11c, 13a, 13b, 17a, 17b, 17c, 17d, 17e, 17f, 17g, 17h, 17i, 17j, 17l, 17m, 17n, 17o, 18a, 18b

11.    LICENSES AND PERMITS

"CA" a. Discussion and potential action regarding the approval of the renewal of a retail firearms dealer’s license for the following businesses, subject to receipt of all required Local approvals and State and Federal licenses: 1. Wrights Pistol Smithing, 111 Hilltop Drive; 2. Brad's Guns, 4203 South County Trail. 
Gun shops are pretty much Charlestown's only growth industry.

“CA” b. Discussion and potential action regarding the renewal applications received for General Entertainment Licenses: 1. Nordic Lodge - Wednesday through Friday, 5 - 10 p.m.; Saturday, 12 - 10 p.m.; Sunday, 12 - 9 p.m.
"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:

1. Event: Frosty Drew 5K Race 2015
Event Dates: May 2, 2015
Camping: N/A
Insurance: $1 Million General Liability
Fee: Waived
2. Event: Sunshine Criterium 2015
Event Dates: April 4, 2015
Camping: N/A
Insurance: $1 Million General Liability
Fee: $100 Paid Prior to the Event $2 Per Rider After the Event

13.    MINUTES AND REPORTS
“CA” a. Town Council Minutes: 1. December 3; 2. December 8 (Executive and Regular). 

“CA” b. Reports: 1. Building Official – December 2014; 2. Police Chief – November 2014; 3. Public Works Director – December 2014; 4. Town Clerk – December 2014; 5. Treasurer – November 2014; 6. Wastewater Manager – November 2014.
According to Town Clerk Amy Weinreich's report, the final 2014 score in the age-old battle of death versus life in Charlestown shows death winning by a score of 56 to 47 live births.

17.    APPOINTMENTS AND RESIGNATIONS
"CA" a. Discussion and potential action regarding reappointments to Agricultural Preservation, full members: Noel Rowe and Dr. Fred Vohr, terms to expire in January of 2018

"CA" b. Discussion and potential action regarding reappointment to the Budget Commission: Henry Heminway and Richard Sartor, terms to expire in June of 2018. 

"CA" c. Discussion and potential action regarding a reappointment to the Conservation Commission: Richard N. Thieke, Term to Expire In January of 2018

"CA" d. Discussion and potential action regarding the reappointment of Justin Vail as Harbormaster, Term To Expire In January of 2016. 

"CA" e. Discussion and potential action regarding the reappointment of an Assistant Harbormaster, application received from Lawson Durfee, Term To Expire In January of 2016

"CA" f. Discussion and potential action regarding reappointments to the Parks and Recreation Commission: Sonita K. Cummings and Richard E. Horstmann, Terms To Expire In January of 2018

"CA" g. Discussion and potential action regarding reappointments to the Senior Citizens Commission: Grayce Anderson, John Donoghue, Ann S. King, Gordon Mahan, Elizabeth McClung, James O'Brien and JoanWicklund, Terms To Expire In January of 2017. 

"CA" h. Discussion and potential action regarding reappointment to the TaxAssessment Review Commission: J. Michael Downey, Term to Expire In January of 2018

"CA" i. Discussion and Potential Action Regarding the Acceptance of the Resignation of Susie Fehrmann from the Parks and Recreation Commission, with Regret

"CA" j. Discussion and potential action regarding the Appointment of James D.Abbott, Jr. To The Planning Commission as Alternate #2, term to expire in November of 2016, with a unanimous recommendation from the Commission

Since a spot on the Planning Commission is one of the most powerful offices in Charlestown and is usually filled by election, it's surprising to see it on the Consent Agenda. But, hey, this is an all-CCA Party town government and who's to stop them? Abbott was elected to one term as a CCA-endorsed candidate but didn't run for re-election. Now he's back. I guess he couldn't resist the call to duty by the CCA to fill the seat vacated by CCA Party chaplin Rev. Jan Knost who resigned.

"CA" l. Discussion and Potential Action Regarding an Appointment to the Bicycle Pathway Ad Hoc Committee, term to run concurrent with the Town Council term; Application Received from William H. Wilson

“CA” m. Appointment of Constables as recommended by the Chief of Police, terms to expire January 2016: Charlestown Police Dispatchers - Tammy Belden, Kim Anderson and Todd Allen; Records Division - Laura Knudsen; Harbormaster - Justin Vail; Building Official - Joseph Warner; Animal Control Officer - Kathy McA’Nulty; CEMA Program Director – Andrew Checcia. 
On this agenda item, except for a cover page, there are no pages at all, not even blank ones. I don't know whether application or background forms are required. If no paperwork is required, why post a link here and for the next two agenda items?

“CA” n.  Appointment of Traffic Constables as recommended by the Chief of Police, terms to expire January 2016:  Todd Allen, Gary Bellows, William Bennett, Raymond Dussault, Dennis Evans, Kevin Gallup, Eric Linacre, Matthew Manni, Paul Pepler, Keith Place, Patrick Strickland, Lawson Durfee and Peter Yee
Ditto. Nothing other than a cover page.

“CA” o.  Appointment of Special Police Officers as recommended by the Chief of Police and RI Municipal Police Training Academy certified, terms to expire in January of 2016: Kathleen A. Currier, Justin J.Habershaw, Christopher Lyman, Shawn Richards, Lauren Matarese and Paul M. Gentile
Ditto. Nothing but a cover page.

18.    FISCAL MATTERS
“CA” a. Request from the Tax Assessor for Abatements in the Amount of $5650.92
"CA" b. Discussion and Potential Action Regarding the Approval of 2015 Beach PassFees, as recommended by the Parks and Recreation Commission:
  • Resident/Taxpayer Sticker: $50
  • Resident/Taxpayer Sticker, Senior: $25
  • Non Resident Sticker (Blue Shutters Only): $100
  • Non Resident Sticker, Senior (Blue Shutters Only): $50
  • Cottage Pass: $400
  • Daily Entrance Fees:
  • Charlestown Beach
  •      Weekday:  $20
  •      Weekend/Holidays: $20
  • Blue Shutters Beach
  •     Weekday:  $20
  • Weekend/Holidays:  $20
15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
a. Discussion and potential action regarding a Resolution of Respect for Martha Fitzgerald

b. Discussion and potential action regarding a Resolution of Respect for Leroy A. "Roy" Grinnell

c. Discussion and potential action regarding a Resolution of Respect for Richard Hosp. 
We eulogized him here.

d. Discussion and Potential Action Regarding a Commendation for Detective Kevin Kidd in Acknowledgment of His Outstanding Investigative Work
This is for busting the guy who pulled the stick-up at the Sunoco station across from Habitat for Humanity. Sounds like he did a great job.

e. Discussion and potential action regarding a Commendation for Joseph Warner. 
For his hard work in winning Charlestown a great rating from FEMA which will potentially save residents 15% on flood insurance. Noted in some detail here.

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
Stankiewicz doesn't post his reports in advance. That's because he doesn't really work for YOU but for the Town Council, so they get it first.

UPDATE: Stankiewicz deviated from his usual practice of never posting his monthly report until AFTER the Council meetings and had it report posted Monday morning. Click here

Town Solicitor Peter Ruggiero never files public reports nor gives a public report. If he did, he'd have to kill us all.

b. Commission Reports
Nine out of ten Council meetings, Boss Gentz forgets to call on any Commission heads present for reports and usually has to be reminded by Conservation Commission chair Lillian Arnold and sometimes by Affordable Housing chair Evelyn Smith.

7.  UNFINISHED BUSINESS - None

8.  NEW BUSINESS
a. Discussion and Potential Action Regarding the Recommendation of the Planning Commission that Hidden Meadows Drive be accepted as a Town Road for Maintenance and Repair, Subject to Review of the Deeds and Releases of Lien by the Solicitors and Provision of the Cash Bond, Construction Guarantee and Fees to the Town

b. Discussion and Potential Action regarding a Request To Provide the Director of Parks and Recreation the Authority to Approve Events for Calendar Year 2015, whose Fees have Historically been Waived, if All Criteria Are Met and the Group is in Good Standing Relative to Use of the Facility During Past Uses

9. PUBLIC HEARINGS
a. Public hearing and potential action regarding Ordinance #365 – Chapter 218-52. Residential Cluster Subdivision

b. Public hearing and potential action regarding Ordinance #366 – Chapter 218-54. Residential Compound and Chapter 218-55. Rear Lot Subdivision

c. Public hearing and potential action regarding Ordinance #367 – Chapter 15-14. Town Council - Order of Business
This ordinance pretty much de-regulates the way the Council sets up its agenda. Instead of having to follow a strict sequence - which the Council subverts every single month through an opening motion - this new ordinance simply lists the titles of the items of business and leaves it up to the Council to set the sequence however they want. 

If they expect a lot of controversy on a particular item, they could simply stick it at the end, figuring they could out-wait any unwelcome opinions. On the other hand, instead of publishing an agenda (like this one) where the item numbers don't follow in sequence, they could number items to match their preference. Much tidier on paper, but not necessarily a win for open government. But, hey, it's all-CCA so I suppose it's all good.

10. COUNCIL SITTING AS BEVERAGE LICENSING BOARD - None

14. ANNOUNCEMENTS

15. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
f. Discussion and Potential Action regarding a Resolution on Regulation of the Rhode IslandWater Resources Board

This resolution is a continuation of the CCA Party's war against the Water Resources Board for daring to try to buy some land from the Glista family to be set aside as open space to protect the clean water underneath. Talk about absolutely astounding hypocrisy! But hey, that's the CCA Party for ya.

g. Introduction and first reading of Ordinance #368 – Chapter 147-7 License and Business Regulations, Business Registrations and Fee to be advertised for public hearing on February 9, 2015

There is a cover page and two pages of ordinance that would reduce business license fees from $25 to $10 and then six somewhat disorganized pages dealing with Councilor George Tremblay's dreams and aspirations for an ordinance that would regulate mining. Far from the actual ordinance language that Tremblay had promised at last month's meeting. 

h. Introduction and first reading of Ordinance #369 – Chapter 149-37 Taxation Purpose; Chapter 149-38 Taxation Definitions; Chapter 149-39 Taxation Administration; Chapter 149-40 Taxation Noncompliance and Revocation of Reduced Tax Assessment to be advertised for public hearing on February 9, 2015

UPDATE: Monday morning, the missing ordinance was added to the Clerkbase agenda. Click here.  There may still be an Open Meetings Act issue with this. At minimum, the last-minute posting is contrary to the CCA Party's pledges that they will run a transparent and competent town government.  

There is NO LINK and therefore no document for this agenda item and a possible Open Meetings Act violation if the Council votes to move this ordinance forward without that language. How in the hell are they supposed to act on something like changing the town's tax code without posting the ordinance language? Hey, it's all CCA so etc., etc. 

16.    COMMUNICATIONS AND PETITIONS
a. Discussion and potential action regarding the receipt of an offer from Attorney Joseph A. Priestly, Jr. to donate land owned by Mary L. Lucey (AP 16, Lots 6-1, 13 and 13-1) to the Town of Charlestown and referral of this offer to the Conservation Commission, Planning Commission and Parks and Recreation Commission for an advisory opinion to be presented to the Town Council at their February 9, 2015 meeting

17. APPOINTMENTS AND RESIGNATIONS
k. Discussion and potential action regarding an appointment to the Economic Improvement Commission, Term to Expire In September 2018, with a recommendation from the Commission Chair. Applications received from Donna Walsh, Travis W. Justice and Stephen J. Williams  (apparent scratch).

This appointment pits recently defeated state Rep. Donna Walsh (D) and her long and distinguished record as a state legislator and town Council member against Travis Justice, who tends bar at the Cove. He lists "real estate sales associate" as his occupation on his application.

He pleaded no contest to DUI in South Kingstown and to making crank, obscene phone calls (domestic) in Charlestown in 2007. He was also a big supporter of Donna's opponent, Fake Filippi.

Given the all-CCA Party composition of the Council, I'm sure they'll have a hard time deciding on the merits. There is a memo from EIC Chair Frank Glista recommending Donna. The Council's action on this agenda item will really say a lot about their character.

18. FISCAL MATTERS
c. Discussion and Potential Action Regarding the Award of the Police Study Bid to Municipal Resources Inc., For An Amount Not to Exceed $27,800.00, to be taken from Budget Line Item 01.920.9260, 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

19. LEGAL MATTERS - None


20. ADJOURNMENT