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Thursday, June 16, 2011

Town Council meeting report - the short version

Disclaimer: the meeting just wrapped up after almost four hours. My ass is sore and I have a booming headache and a crick in my neck. But there were interesting decisions and non-decisions, and some fireworks, so I wanted to get the highlights down right away. More detail will follow. Please excuse the likely typos in this late night product.

Fights. There were a lot of nasty exchanges. Some notable ones - Lisa DiBello and Town Administrator Bill DiLibero over legal expenses. Lisa DiBello and Gregg Avedisian over the YMCA land (Ruth Platner tangentially involved). Lisa DiBello and Dan Slattery over staffing cuts at the Senior Citizens Center. Lisa DiBello and Tom Gentz (DiLibero as a secondary player) over on-the-job private conversations by DiBello with town staff. Lisa DiBello and Gregg Avedisian over Blue Shutters Beach, parking and vendors. Notice a common theme?

Also, Gregg Avedisian and parties not named over burdensome waste water regulations. There was also a big fight between attorney Margaret Hogan whose remarks from the floor ticked off Council President Gentz, whose response from the podium to Hogan ticked her off.

. Tom Gentz made a truly moving plea for the Council to authorize a meeting and serious discussions with LeBlanc about acquiring his land and preserving it in perpetuity. From the floor, Ruth Platner spoke about the Planning Commission's decision to support serious efforts to acquire the land after examining all the natural features the land has to offer.

Larry LeBlanc's land

To Gentz's surprise, his motion was thumped 4 to 1. Lisa DiBello moved, with Dan Slattery's support, that the Council send LeBlanc an edgy letter telling LeBlanc about the $825,000 appraisal the town received and asking LeBlanc if he wants to make a formal written offer. That motion passed 4 to 1.

"Drive Like Your Kids Live Here" signs. Council members, especially Lisa DiBello, seemed enthralled with the idea of putting up these signs at $45 a pop. They voted unanimously to buy 15 of these signs and directed the Town Administrator to find some slush fund for the money. For example, there's $10,000 in the Council's Contingency Fund. I still think a red light camera would be a better way to spend the money.

Beach Facilities. Without dissent, the ad hoc Beach committee that came up with the beach facilities plan that voters approved on June 6 will continue to operate and will oversee the construction. Very good move.

Waste Water Treatment ordinance. The Wastewater Treatment Commission brought the Council an ordinance intended to give most town residents living near the salt ponds some less expensive alternatives to costly denitrification systems. This was the product of months of negotiations with RIDEM and was, according to the commission's Vice Chair Peter Ogle, the best deal they could get from DEM. But this well-intended proposal ended up getting talked to death (details to follow) and was not voted on. Instead, the Council sent the ordinance back to the Commission where they will have to re-negotiate with RIDEM and re-write the ordinance.

Mageau's $20,000 demand. Mageau (through his lawyer) will be getting some mail from the Town Council, but not the $20,000 he was demanding as reimbursement for his costs to defend against his assault arrest. The Council heard town solicitor Peter Ruggiero explain that under both state law and town ordinance, Mageau doesn't have the right to reimbursement if the matter (the assault arrest) was not part of his "official duties." Town ordinance may even prohibit reimbursement if the action in question was "willful, wanton or malicious," and in Ruggiero's opinion being arrested for assault comes under that category. So, on counsel's advice, the town will send Mageau a letter asking him to explain how the assault arrest came under his official duties, and didn't constitute a willful, wanton or malicious act and to also provide an itemized justification for the $20,000 bill. I absolutely guarantee that this is not the last you'll hear of this.

Town-funded private lawyers for town officials charged by Lisa DiBello. The six town officials who have asked the Town to pay for private lawyers to defend them against Lisa DiBello's EEOC complaint and potential lawsuit will have to wait.

Council members Gregg Avedisian and Marge Frank have asked for Ethics Commission opinions as to whether they can vote on this matter or whether it is a conflict of interest. The Ethics Commission has not given them an opinion yet. Solicitor Ruggiero said that until they get the opinion, the Council lacks a voting quorum and can take no action on the request. Ruggiero also offered the opinion that the Ethics Commission will say the council members do have a conflict of interest, again leaving the Council without a voting quorum.
This issue will be carried forward.

Then, thankfully, the meeting was over. So was the Stanley Cup championship game. And my patience.