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Saturday, July 9, 2016

Town Council meets Monday

CCA Party continues to push its agenda
By Will Collette

This Council meeting is almost like a victory lap for the CCA Party
Now that the Charlestown Citizens Alliance (CCA Party) knows it will maintain its stranglehold on Charlestown town government due to lack of opposition to its 2016 slate of candidates, we see the results in the Town Council agenda for Monday, July 11.

Just a reminder that these Town Council meetings are really just a formality because all the decisions have already been made in the secret CCA Party Steering Committee meetings.

Some of the things we should expect to see this Monday:


Pave the Park.

CCA sez "can't have too much asphalt" except if it's a local business
CCA Party co-founder Faith Labossiere loves bicycles so much so that she seems to want just about everything from Route One to roads to the town beaches and now Ninigret Park converted into paved bike trails. 

On Monday, the Council will decide whether to award a $266,927 contract to the Cardi Corp. to add yet more paving to Ninigret Park (like the existing paved routes and runways aren’t enough) for a bike path.

It doesn’t seem to matter that there are already lots of places to bike – The CCA Party seems to need this path which will undoubtedly someday be named for Faith Labossiere.

Tax Breaks.

The Council plans to follow up on two extraordinarily rare successes by Rep. Blake “Flip” Filippi, who managed to get two Charlestown-only bills passed by the General Assembly. One provides some unspecified tax relief on “tangible property” intended to help small business.

The problem in Charlestown is that, thanks to the Planning Commission and Council, small businesses fail in Charlestown at alarming rates and are not replaced by new ones, except for gun shops.

I had suggested some ways that Charlestown could boost the local economy in several cost-effective ways, including giving small businesses tax abatements for the cost of mandated changes to their property (e.g shrubbery, parking bumpers, lighting, etc.), but I suppose this whatever it is tangible property break is better than nothing.

The other Filippi bill allows Charlestown to expand one of its several property tax breaks for veterans to ALL veterans. This will give all honorably discharged veterans, regardless of dates of service, and their widows a $150 tax credit.

This new proposal is unlikely to help many more veterans since the dates of service listed in the current law covers just about everyone, a byproduct of our nearly continuous state of war.

Veterans are also eligible for a variety of other property tax breaks that I described HERE as part of my series on Charlestown taxes.

I don’t have any issues about these two particular tax items. However, I would like to see Charlestown use tax policy more creatively to boost the economy and to do more to give working class families some overdue tax relief.

It’s not a coincidence that these tax issues are being discussed just when Charlestown taxpayers are receiving their new tax bills with the 8th consecutive CCA-driven tax hike.

Curb Democracy.

Man the ramparts! We must stop the Citizens' Initiative!
The CCA Party and its Town Council members were pretty candid in their disdain for the citizens’ petition that put the question of a town purchase of the General Stanton Inn on the Town Financial Referendum ballot. 

Yes, the initiative lost, but George Tremblay and the Council want to make it harder for any future initiative of its type.

Thus, out of the clear-blue sky and without the benefit of a Charter Commission, the CCA Party Council proposes a Charter revision to make it harder for such initiatives to pass. If an initiative is going to cost money, it will have to go on the November ballot, not the Financial Referendum (though arguably, that’s where it belongs). 

The CCA Party assumes that they can exercise more control over the outcome in November than at Financial Referendum where usually only those really interested in the budget turn out.

Craven Fired?

Slipped into the “consent agenda” is an item that drops long time Zoning Board counsel Bob Craven and replacing him with Town Solicitor Peter Ruggiero (or his associates).

Craven is also a state Representative, representing North Kingstown where he lives, and a rising leader among House Democrats. He also upstaged CCA Party darling Flip Filippi by actually getting bills passed that Flip could only talk about. Click HERE for a prime example.

Replacing Craven with Ruggiero poses an interesting problem, based on past history. On several occasions, Whalerock being the most well-known, the Town of Charlestown has gotten into litigation with the Charlestown Zoning Board of Review. There are numerous Charlestown v. Charlestown cases.

They occur when the Zoning Board, acting in its capacity as a quasi-judicial body, makes a decision that is disliked by the Town Council, where politics, not the letter of the law, count. In such cases, it's been Peter Ruggiero representing the Town and Bob Craven representing the ZBR.

As much as he might like to, Ruggeiro can't represent both the Town and the ZBR when these matters arise. I'm not saying that they will, so long as the CCA Party controls both the Council and the ZBR.

Indeed, since the CCA completed its takeover the ZBR, we've seen a large uptick in lawsuits against the town by property owners who are arguing that the ZBR is not following the law.

Buy the Copar quarry

Lots of places to die or get hurt
When I started working with the victims of the Copar quarry in 2012, one of the several suggestions I made to them for an “end game” in the battle was to push for the public purchase of the property. 

I pushed that idea harder after it became clear that this was going to be the way that Charlestown would end the long and divisive battle over the Whalerock wind turbine project.

The Whalerock deal died as a result of the town purchase and we now have a new nature preserve that just held its official opening.

The Copar victims focused instead on lawsuit after lawsuit and then put their hopes in the hands of Rep. Flip Filippi, who proceeded to get them into another lawsuit. Meanwhile, the shady characters running Copar turned on each other and the business collapsed on the weight of its own bad business practices.

What’s left are dust piles and a huge hole in the ground that has already claimed one life. Neighbors are still unhappy and the land owners are still making noises about wanting to find another company to start quarrying again.

So the Westerly Town Council has taken the initiative and is now thinking “hey, let’s buy the quarry.” And they think they might be able to get the state Department of Environment Management (DEM) to kick in some funding. 

Because, technically, a small piece of the property overlaps into Charlestown, they need the town to cooperate so there is a motion to do so in the consent agenda.

You may recall the original Copar controversy included some political rock throwing between the Westerly Town Council and Charlestown Town Council President Gentz. But this dusted-off reincarnation of Copar, featuring the mandatory sprinkling of holy open space, surely should garner the imprimatur of Planning Commission Commissar Platner.

I like the idea of public ownership of the Copar property almost as much as I liked the idea of the town ending the Whalerock fight through public ownership. In general, I think it’s a good idea.

But there is a catch: old mines and quarries kill. When I worked with citizens’ groups dealing with mining problems, I wrote a white paper detailing the hazards of abandoned mine sites, especially quarries.

Public ownership also means public responsibility so the issue of the safety of that land needs to be part of any such purchase. Quarries are not required by state, federal or local law to reclaim the land at the end of mining operations.

I think those laws must be changed to at least meet the same standards for reclamation that federal law requires of coal mining operations. Note that for the second year in a row, Flip Filippi failed to get the General Assembly to enact a bill authorizing Charlestown to regulate quarries, even though the town already has that authority.

Here’s the official agenda:
Charlestown Town Council
Regular Meeting
7/11/2016 7:00 PM
Council Chambers
Town Hall   4540 South County Trail   Charlestown, RI 02813

CALL TO ORDER, Moment of Silence, Pledge of Allegiance
ROLL CALL
Roll Call
COUNCIL SITTING AS BEVERAGE LICENSING BOARD
Motion to sit as the Beverage Licensing Board
A. St. James Chapel for a Class F Liquor License, Fee to be Waived, for the Lobster Bake Event to be Held at 2079 Matunuck Schoolhouse Road on July 24, 2016 – Alcohol Served from 12:00 P.M. to 4:00 P.M.
a.
Motion to open the Public Hearing
Motion to close the Public Hearing
Motion to approve the application from the St. James Chapel for a Class F Liquor License, Fee to be Waived, for the Lobster Bake Event to be Held at 2079 Matunuck Schoolhouse Road on July 24, 2016 – Alcohol Served from 12:00 P.M. to 4:00 P.M.
Motion to adjourn as the Beverage Licensing Board
UNFINISHED BUSINESS
A. Discussion and Potential Action on a Request for a Tobacco Ordinance or Resolution




a.
b.
B. Discussion and Potential Action Regarding an Advisory from the Wastewater Management Commission on Potential Actions the Town Could Take to Decrease the Level of Nitrates from Septic Systems




a.
b.
C. Discussion and Potential Action Regarding an Advisory from the Bicycle Pathway Ad Hoc Committee and the Ninigret Park Trails Subcommittee Regarding the Integration of Proposals




a.
b.
c.
D. Discussion and Potential Action on the Award of the Ninigret Park Multi-Purpose Trail Bid to Cardi Corporation for an Amount Not to Exceed $266,927




a.
b.
c.
d.
e.
f.
g.
h.
i.
E. Discussion and Potential Action Regarding Directing the Town Solicitor, Town Administrator and Tax Assessor to Draft an Ordinance Related to Tangible Tax Exemption, Upon the Passage of S 2435 Sub a and H 7650 Sub A




a.
b.
c.
F. Discussion and Potential Action Regarding Directing the Town Solicitor, Town Administrator and Tax Assessor to Draft an Ordinance Related to Veteran’s Tax Exemption, Upon the Passage of S 2968 as Amended and H 8087 Sub a as Amended




a.
b.
c.
PUBLIC COMMENT for items not on the Agenda
COUNCIL COMMENTS
ADMINISTRATOR and COMMISSION REPORTS
A. Administrator Report




B. Commission Reports
1. Parks and Recreation Commission





a.
b.
c.
ANNOUNCEMENTS
A. Board and Commission Vacancies




a.
NEW BUSINESS
A. Discussion and Potential Action on a Proposal to Add a Warrant Item on the November 2016 Ballot to Amend the Town Charter to Specify that Any Proposed Warrant Item that Imposes a Tax Burden by Citizen's Petition Shall Require Voter Approval on the November Ballot




a.
b.
CONSENT AGENDA
Motion to accept, approve and place on file the following as the consent agenda: “CA” A - “CA” L
“CA” A. Town Council Minutes:
1. June 8 (Agenda)





a.
2. June 13 (Executive and Regular)





a.
b.
“CA” B. Reports:
1. Building Official - June 2016





a.
2. Police Chief - June 2016





a.
3. Public Works Director - June 2016





a.
4. Town Clerk - June 2016





a.
5. Treasurer's Report - May 2016





a.
“CA” C. Approval of the following events to occur within the Town of Charlestown per RIGL §31-12-12(a):
1. Event: Rhode Warrior Half-Iron Distance Triathlon





a.
2. Event: Rhode Island Duathlon Festival





a.
3. Event: Ocean State Multisport Matunuck Half Marathon/5K





a.
"CA" D. Reappointments to the Zoning Board of Review: Joseph Quadrato, Full Member – Term to Expire July 2021; Robin Quinn, Alternate #1 - Term to Expire July 2017; Lara Wibeto, Alternate #2 – Term to Expire July 2017; Steven J. Williams, Alternate #3 - Term to Expire July 2017




a.
b.
c.
d.
"CA" E. Appointment of Nathan McGillivray as an Assistant Harbormaster, Term to Expire in January of 2017




a.
"CA" F. Appointment of Peter Ruggiero, Town Solicitor, or His Designee Assistant Town Solicitor, Wyatt Brochu or David Petracra, Jr., to Represent the Zoning Board of Review for a Monthly Service Fee of $3,400, Plus an Hourly Rate of $130.00 for Any Litigation And/Appellate Court Time, from Budget Line Item 01.940.9440, 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




a.
"CA" G. Renewal of the Gate House Lease to William Clarkin from July 1, 2016 – June 30, 2018 at the Rate of $500.00 Per Month as Recommended by the Director of Parks and Recreation




a.
b.
“CA” H. Authorization of the Town Administrator, Working with the Town Solicitor to Send a Letter to the Westerly, RI Town Manager and the Westerly Town Council Indicating Interest in the Charlestown Town Council Purchasing the Charlestown Portion of the “Copar” Quarry as Open Space and Working with the Westerly Town Council in This Purchase




a.
“CA” I. Approval of Criterion Bike Path Crack Sealing to Not Exceed $10,000 to be Paid for from the Ninigret Park $1 M Bond, 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, or Any Action Relative Thereto




a.
b.
c.
“CA” J. Approval of Disc Golf Improvements to Not Exceed $9,000 to be Paid for from the Ninigret Park $1 M Bond, 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, or Any Action Relative Thereto




a.
b.
c.
“CA” K. Approval of Two (2) Clivus Compostable Toilets Including One Handicapped Toilet Near the Lil’ Nini Playground at a Location to be Determined by the Town Administrator, to Not Exceed $60,000 Each, to be Paid for from the Ninigret Park $1 M Bond, 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, or Any Action Relative Thereto




a.
b.
c.
“CA” L. Approval of Skating Rink Items to Not Exceed $1,000 to be Paid from the Ninigret Park $1 M Bond, 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, or Any Action Relative Thereto




a.
b.
c.
ADJOURNMENT