New Shoreham Town Council Meeting
Town Hall, Old Town Road, Block Island
Monday, December 5, 2011
7:00 p.m.
Present: First Warden Kimberley H. Gaffett, Second Warden Raymond J. Torrey, Town Councilors Peter B. Baute, Kenneth C. Lacoste and Richard P. Martin. Also present were Town Manager Nancy O. Dodge and Town Clerk Fiona Fitzpatrick, who took the minutes of the meeting.
First Warden Kimberley H. Gaffett called the meeting to order at 7:00.
Warden’s Report: First Warden Gaffett reported an order of the Superior Court has cleared the way for the estate of Violette Connolly to fund the purchase of the John Thomas property. The town will pay for a portion of the purchase and the property will be held by the Town. The Block Island School Handbell Ensemble will perform a holiday concert at the State House on December 8. Town Hall is decorated with holiday wreaths, thanks to the Block Island Gardeners and Shirlyne Gobern. The Champlin Foundation has awarded the grant for the Library driveway project. Town Manager Nancy Dodge reported the Army Corps of Engineers will remove more fill from the Old Harbor area and deposit it where beach erosion had threatened Corn Neck Road. The Town Manager reported another area of Corn Neck Road is being worked on to drain water in the area of the Georgian Swamp; the water on the east side of the road has fallen five inches and continues to drain.
Public Input: Mark Emmanuelle reports the Rescue Squad is still looking for people to take EMT training this winter. He also spoke against the Council’s decision to award a new liquor license, which he sees as a threat to public safety.
1. Board of License Commissioners: Act on applications for annual Moped License renewals
Ms. Gaffett moved, seconded by Mr. Lacoste, to renew the motorized tricycle, bicycle and scooter licenses for Finnimore and Fisher, Inc., dba Island Mopeds Aldo’s Mopeds Inc., Miles-Un-Limited, Inc., The Moped Man, Inc. and Ocean State Bikes, Inc., pending receipt of registration numbers as issued by the State of Rhode Island, Vehicle Identification Numbers as issued by the manufacturer of each vehicle and licensing fees. Each license is for the rental of 34 vehicles in accordance with the ordinances of the Town of New Shoreham, with such license to expire December 31, 2012. Any lease agreement between a moped renter and the licensee shall include hours of operation, safety features, information regarding operation on unimproved roads, and the following language: “The horn on the vehicle is a piece of equipment designed for emergency use and should be used only in this fashion.”
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
Discussion followed. Mr. Martin asked for a better way to distinguish rental mopeds from privately owned mopeds. He said the small tags cannot be seen from a distance. Rental mopeds are subject to regulations privately owned mopeds do not have to obey, such as driver helmets and a nightly curfew. Ms. Gaffett asked the Town Manager to pass the request along to the Police Chief. The Council also requested licensees be advised that anyone renting a moped should be told that children are not to ride in front of the driver and only people who have been trained by the rental agents are allowed to drive the mopeds.
2. Receive and act on report of Peter Greenman/ re: Spring House Pump House
Peter Greenman was present as part of an ad hoc group of community members working under Scenic Block Island to restore the Spring House Pump House. Other members are Bryan Wilson, Doug Gilpin, Bob Newhouse, Pam Littlefield, Ray Torrey, Mary Anderson, and Carol Leslie. He said the group envisions a reconstruction of the building with access to interior exhibits, exterior benches and bike stands. He said the group will raise money to pay for the construction and an endowment fund for the building’s security and ongoing repairs. He asked whether to work with the Town as property owner or the Block Island Land Trust which holds an easement over the property. He said the group is requesting an extension of the demolition delay for the building while they prepare a sketch to present for approval, prepare a budget, prepare a letter of approval, then contract and oversee the construction. The group is ready to apply for a grant from Preserve Rhode Island.
Discussion ensued. Town Council was encouraged by the report of community support for the preservation of the historic landmark but wary of delaying demolition. The building has been secured to mitigate the hazard it poses. Any grant must be approved by the Town as property owner prior to submission. The Town has a permit from the CRMC which will allow demolition and reconstruction of the facade, with stipulations. Mr. Lacoste pointed out that opening the building for exhibits has the potential to create a traffic safety hazard on Spring Street. Pamela Littlefield explained the group wants to salvage some of the original siding. The First Warden asked Mr. Greenman to coordinate with the Town Manager regarding the CRMC permit.
Dr. Baute moved to extend the Spring House Pump House demolition deadline to February 1, 2012 with the anticipation that Scenic Block Island will return to the Town Council before February 1, 2012 with a plan to demolish or an alternative plan for secure reconstruction, seconded by Ms. Gaffett.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
Ms. Gaffett moved to authorize the Finance Director and the Town Manager to sign off on the December 6, 2011 grant application as long as it does not encumber the Town financially, seconded by Dr. Baute.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
Block Island Land Trust trustees Barbara MacMullan and Harold Hatfield were present and said the Land Trust has determined the building is very unsafe; the Land Trust has been arguing for six years that it should be taken down and a replica built. Ms. MacMullan said for safety reasons it should be taken down immediately.
3. Receive and act on report/requests of the 350 Committee
Co-Chairs of the 350 Committee Fran Migliaccio and Connie Larue were present to thank everyone involved with the celebration of Block Island’s 350th and to present a year-end report of the Committee which is attached to these minutes. If funds remain, they will be used to secure Settler’s Rock, preserve Fred Benson’s double ender, and restore the Pump House.
Ms. Gaffett and other Council members expressed their deep appreciation for the year of celebrations and read a proclamation of appreciation for Ms. Migliaccio, Ms. Larue and their Committee. Audience members broke out in applause. The proclamation is attached to these minutes.
4. Receive and act on memo from Solicitor Don Packer regarding briefing schedule for Champlin’s Realty Associates vs. State of Rhode Island, et al No. PC2011-0661
The First Warden reviewed the briefing schedule. Attorney Prentiss is planning to do the initial Memorandum in opposition of Champlins appeal. Council discussed the current arrangement of dividing expenses for filings prepared by Mr. Prentiss.
First Warden Gaffett moved to continue the current practice of splitting legal bills between the Town of New Shoreham, the Block Island Land Trust and the Committee for the Great Salt Pond when legal briefings and memoranda are prepared on behalf of the three parties by Attorney Daniel Prentiss with regard to Champlin’s Realty Associates appeal No PC2011-0661, such as the Initial Memorandum in Opposition. Motion was seconded by Ray Torrey.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
5. Act on recommendations of the Finance Director:
• Consider and adopt Town of New Shoreham Fund Balance policy
• Act on recommendation to close Old Harbor Dock Washington Trust Co. CD
• Act on Loan Resolution for the Thomas Property acquisition
Finance Director Land presented a fund balance policy pursuant to Governmental Accounting Standards Board (GASB) Statement 54. The policy is attached to these minutes.
Dr. Baute moved, seconded by Second Warden Torrey, to adopt fund balance policy in accordance with GASP 54.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
Act on recommendation to close Old Harbor Dock Washington Trust Co. CD
Ms. Land reported the books are almost closed on the Old Harbor Dock renovation project and she recommended closing the CD. There was $6,352.02 in the account on November 30.
Dr. Baute moved, seconded by Second Warden Torrey, to authorize the closing of Old Harbor Dock CD.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
Act on Loan Resolution for the Thomas Property Acquisition
Action on the loan resolution will be taken at the December 7, 2011 work session.
6. Receive and act on letter from Senior Advisory Committee re: Emergency Communication procedure
A brief discussion ensued. The Town Manager and EMA Co-Chair Bill McCombe will attend the next Senior Advisory Committee meeting to discuss concerns and explain the current emergency communications procedures and options.
7. Act on draft Heinz Management agreement between Town of New Shoreham and BI Land Trust
A long and wide-ranging discussion ensued. First Warden Gaffett asked that any documents referenced in the Management Agreement be attached as appendixes (easements, maintenance plan., etc.). She noted the Town has not yet adopted the maintenance plan. Most of the discussion was about a notation “(If agreed upon, add language for fertilizer)” of paragraph D Heinz Field Property Maintenance. Recreation Director Rob Closter, Recreation Board member Chris Willi and Fred Nelson spoke for the use of less expensive synthetic fertilizer. Landscape architects Derek Van Lent and Ned Phillips spoke for organic fertilizer and more frequent mowing. Block Island Land Trust Chair Barbara MacMullan and Trustees Harold Hatfield and Dennis Heinz were present. Ms. MacMullan explained the BILT’s policy is to use organic fertilizer and consider the use of synthetic fertilizer on a case-by-case basis.
Dr. Baute moved that the Town Council suggest to the Block Island Land Trust that they reconsider the issue of synthetic versus organic and allow for the judicious use of synthetics on Heinz Field The motion was seconded by Mr. Torrey.
Ayes: 4 (Torrey, Baute, Lacoste, Martin) Nays: 1 (Gaffett)
Ms. Gaffett said the next step will be for the Town Council to receive the Block Island Land Trust’s response and reconsider approval of the Management Plan at another meeting.
8. Receive and act on letters from the Recreation Board re: Heinz Field maintenance and Heinz Field management plan
The management plan has not been approved. The letters will be addressed during the budget process.
9. Consider and act on Town Council resolution re: RI State Senate and House of Representatives reapportionment proposals
Proposed reappointment maps were discussed.
Dr. Baute moved to send a resolution of endorsement for RI Senate Plan A and RI House Plan A dated November 23, 2011, seconded by Ms. Gaffett.
Ayes: 3 (Gaffett, Torrey, Baute) Nays: 2 (Lacoste, Martin)
10. Act on Probate Judge appointment
Ms. Gaffett moved to appoint Katherine Merolla Probate Judge, seconded by Mr. Torrey.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
11. Receive report from Chris Murphy, Shellfish Warden, re: Status of the Great Salt Pond
No action was needed.
12. Boards, Committees and Commissions: Announce upcoming openings
First Warden Gaffett announced upcoming openings.
13. Act on Town Council 2012 meeting schedule
The Town Council’s meeting schedule of the first Monday and third Wednesday with corrections for legal holidays was further clarified: the first meeting in May will be Tuesday, May 8; the interim November meeting (annual liquor renewals) will be Monday, November 19, 2012. Work sessions will generally be the first Wednesday, and will be adjusted as needed.
Ms. Gaffett moved to approve the Town Council’s 2012 meeting schedule, seconded by Mr. Torrey.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
14. Correspondence: Richard Hayes re: Corn Neck Rd. drainage problem; David and Caroline Voorhees re: Corn Neck Rd./Georgian Swamp drainage; CRMC/DEM Joint Public Notice re: Ballard’s Marina maintenance dredging;
No action was needed or taken.
15. Minutes: November 7, 2011; November 28, 2011 (open and closed)
The minutes of November 28 will be held.
Ms. Gaffett moved to approve the minutes of November 7, 2011 with corrections discussed, seconded by Mr. Torrey.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
At 10:30 a motion to adjourn was made by Mr. Martin and seconded by Dr. Baute.
Ayes: 5 (Gaffett, Torrey, Baute, Lacoste, Martin) Nays: 0
Minutes approved January 3, 2012
Town Clerk Fiona Fitzpatrick