New Shoreham Town Council Minutes

Town Hall, Old Town Road, Block Island

TUESDAY, May 6, 2014

7:00 p.m.

 

Present: First Warden Kimberley H. Gaffett, Second Warden Kenneth C. Lacoste, Town Councilor Norris Pike, Town Councilor Gary Ryan, and Town Councilor Chris Warfel.  Also present was Town Manager Nancy Dodge.  Town Clerk Fiona Fitzpatrick took the minutes of the meeting. 

 

First Warden Gaffett called the meeting to order at 7:00.

 

Warden’s Report:  First Warden Gaffett reported the PUC has scheduled a conference to set a schedule for the hearings on the fast ferry application of Charlie Donadio for Wednesday, June 18, 2014.  Attorney Merolla will attend.  There will be an Eco Depot pick up May 17, from 11:00 a.m. to 3:00 p.m. at the transfer station for toxic household chemicals, pesticides and leftover oil-based paints.  E-waste is accepted any time at the transfer station.  A work session between the Town Council and Deer Task Force will be held at Town Hall tomorrow night.  The DEM has had legislation introduced to allow the use of suppressors under certain circumstances.   

 

Public Input Edith Blane spoke for an ordinance to regulate hedges.  Brad Marthens asked for a Town Council-Planning Board work session.

 

1.      Public Hearing: act on proposed amendment to the Town of New Shoreham General Ordinances Chapter 8 Licenses & Business Regulation re: Special Events

The amendments would lower the number of guests and vehicles which would trigger the requirement for a special event permit in the residential zone and stipulate that only owners could apply for the permit.  Several members of the public had comments and questions.   First Warden Gaffett noted for the record a letter (attached to these minutes)  was received from Attorney John Cassidy opposing the amendments.

 

• From Marc Scortino of Captain Nick’s: does the ordinance regulate a commercial venue with a large crowd on a busy weekend?  For instance, a club with a popular band.

 

The other comments were about houses in the residential zone rented as wedding venues:

 

• Brad Marthens pointed out licensed commercial venues have their water tested, are on town sewer, meet fire code standards, have employees trained for food safety and the TIPS program, have inspected kitchens and are insured for safety and liability.  He said this ordinance provides a license to uninspected wedding businesses operating in residential zones. 
• Tom Walsh spoke against the ordinance because it does not adequately regulate the noise and disruption wedding business causes in a residential zone.  He said the disturbances created by a wedding party renting a house extend beyond the event even if a band stops playing at 9:00 the night of the wedding.  Rehearsal dinners bring taxi traffic into a quiet neighborhood, a day or two before the wedding the tent is set up (truck, crew and pile driver noise), sound checks are made before the wedding, and there is often a party the day after the weddding.  He said even weddings too small to trigger the event license are disturbing.  He suggested a tent permit.
• Jan Wampler spoke against allowing and licensing commercial enterprises in a residential zone.
• Ben Wohlberg spoke against the ordinance which he believes does not adequately regulate businesses.
• Blake Phelan spoke against the ordinance that licenses a for-profit business in a residential neighborhood that disturbs its neighbors
• Brad Marthens pointed out that a licensed commercial enterprise collects a 1% state meals and beverage tax, of which the Town receives a share.  Houses rented as wedding venues do not collect the tax.
• Michele Phelan said houses rented through real estate agents are not allowed to have weddings or large parties.
• Jess Willi spoke against the disturbance of a wedding business in a residential zone.

 

Councilor Warfel said collecting a fee for a wedding venue makes it a commercial business, prohibited in a residential zone. 

 

First Warden Gaffett said Attorney Packer was present at a meeting to discuss the ordinance in February and he said it was legal to rent a home in the residential zone, and the rights of the home went to the tenant.  It is legal to have a wedding in a home in a residential zone.  Mr. Packer recommended one of the changes under consideration: property owners, not tenants, apply for the special event license. 

 

Mr. Pike said he thought a tent permit, with the owner as applicant, granted only for family events, would work.

 

Mr. Lacoste asked what the tent permit standards would be.

 

Mr. Pike moved, seconded by Mr. Warfel, to continue the public hearing to June 18, 2014. 

 

                        Ayes: 3 (Gaffett, Pike, Warfel)          Nays: 2 (Lacoste, Ryan)

 

Mr. Lacoste and Mr. Ryan thought the proposed amendments were a step in the right direction. 

 

2.      Public Hearing: act on proposed amendment to the Town of New Shoreham General Ordinances Chapter 10 Miscellaneous Offenses, Section 10-16 re: change of date for deer hunting discussions

Ms. Gaffett opened the public hearing at 8:15.  No comments were received. 

 

At 8:15 Ms. Gaffett moved to adopt the ordinance as advertised, seconded by Mr. Pike. 

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

3.      Receive and act on recommendations of the Commission on Motor Vehicles for Hire:

• Taxi License renewals

 

Ms. Gaffett recused because her brother holds a motor vehicle for hire license.  Second Warden Lacoste presided for the vote.

 

Mr. Pike moved, seconded by Mr. Warfel, to renew taxi licenses for May 2014-2015 for Martha Ball, Victoria Carson, Judy Clark, Muriel Clark,  Gloria Hall Daubert, Mary Donnelly, Marcel Dulac, Mark Emmanuelle, Nat Gaffett, Richard Gann, John Grant, Geoffrey Hall, Deborah Hart, Monica Hull-Shea, Fred Leeder, Vincent McAloon, Timothy McCabe, Edward McGovern, Frances Migliaccio, Florence Millikin, Kristen Monje, Mary Ellen Murphy, Frank Nicastro, Christopher O’Neill, Cathy Payne, Henry Peterson, Maureen Quackenbush, James Rondinone, David Schaller, Sue Ann Shaw, Michael Shea and Champ Starr, and to approve a taxi license for Donald Thimble pending receipt of licensing fees and appropriate paperwork. 

 

            Ayes: 4 (Lacoste, Pike, Ryan, Warfel)           Nays: 0            Abstain: 1 (Gaffett)

 

Mr. Ryan moved, seconded by Mr. Pike, to renew bus licenses for May 2014-2015 for William McCombe and Howard Rice pending receipt of licensing fees and appropriate paperwork. 

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

Mr. Pike moved, seconded by Mr. Lacoste, to accept the 2014 bus wait list as recommended by the MVFH Commission. (#1 Patrick Evans).

 

                        Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0           

 

Mr. Pike moved, seconded by Mr. Lacoste, to accept the 2014 taxi wait list recommended by the MVFH Commission.

 

                        Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0           

 

• $1 fuel surcharge if/when gas price reaches $4.75/gallon

Motor Vehicles for Hire Commission Chair Brad Marthens was present.  He said there was a fuel surcharge in place several years ago.  The current request is for a $1 surcharge per fare whenever the cost of regular gasoline is $4.75 or more per gallon at the M&C Gas Station.  It is supported by taxi owners and the MVFH Commission.

 

Ms. Gaffett moved to accept recommendation of Motor Vehicles for Hire Commission when the price of regular lowest octane gas is at $4.75 or above at M & C Gas Station, seconded by Mr. Pike.

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

4.      Receive and act on TNS Police Dept. monthly report: March 2014

Mr. Warfel moved to accept the report, seconded by Mr. Lacoste.

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

5.      Act on Finance Director request re: banking resolution for an Old Harbor Task Force money market account.

Margie Comings was present.  She explained the money was donated privately and will be used for the maintenance of Esta’s Park. 

 

First Warden Gaffett moved to authorize opening a money market account for the Old Harbor Task Force for the maintenance and gardens at Esta’s Park.  Motion was seconded by Mr. Lacoste.   

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

6.      Review and act on Planning Board memo re: solar energy zoning amendments relating to generators; and outside storage of motor vehicles

Mr. Lacoste had jurisdictional issues about a Zoning Ordinance regulating motor vehicles. 

 

Ms. Gaffett moved to set a June 18, 2014 public hearing for the generator amendment, seconded by Mr. Pike. 

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

Mr. Lacoste moved to table action on the motor vehicle ordinance to May 21, 2014 seconded by Mr. Pike.  

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

7.      Act on proposed resolution re: Municipal Road and Bridge Revolving Fund

The resolution asks for support to have the Municipal Road and Bridge Revolving Fund funded by the General Assembly this year.  Last year it was signed into law appropriating approximately $7 million to start the fund.  The fund allows municipalities to borrow money at a low interest rate to improve their roads and bridges through the Clean Water Finance Agency.   By passing the legislation last year, the General Assembly created a substantial amount of savings for cities and towns to help rebuild and advance transportation infrastructure.  The demand for the fund has been demonstrated by RI cities and towns submitting $30 million of project requests in the first year of operation. 

 

Ms. Gaffett moved, seconded by Mr. Warfel, to approve the resolution regarding the state’s Municipal Road and Bridge Revolving Fund. 

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

8.      Receive and act on BI Health Services letter re: co-sponsorship of annual Beach Fun Run/Walk

Mr. Lacoste moved that the Town act as a co-sponsor with BI Health Services for the annual Beach Fun Run/Walk, seconded by Mr. Pike.  

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

9.      Receive and act on TNS Board of Assessors letter re: abatements to the tax roll

First Warden Gaffett moved to accept the recommendation of the Board of Assessors and grant the abatements pursuant to their letter of April 18, 2014, seconded by Second Warden Lacoste. 

 

                  Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

10.  Receive and act on New Shoreham Sewer Commission and Block Island Water Board requests that Town Council reconsider appointments made on April 16, 2014

The Chair of the Water and Sewer Commissions, Peter McNerny, and Commissioner Brad Marthens were present and asked the Council to reconsider the appointment of Martha Ball.  No one moved to reconsider.

 

11.  Town Council reports:

• Councilman Warfel report on meeting regarding SNAP benefits/opportunities on Block Island

Councilor Warfel reported on the April 29, 2014 SNAP meeting.  Representatives from the USDA and RI Department of Health and Human Services were present by telephone.  The coordinator for the BI Farmer’s Market attended.  Local grocery store owners were invited but did not attend.  More information will be gathered about whether SNAP can be accepted by Stop and Shop’s Peapod delivery service.  Food coops, for profit and nonprofit, may accept SNAP.

 

• First Warden report on information re: pheasant rearing

First Warden Gaffett reported she communicated with RI DEM heritage biologist Chris Raithel, RI DEM wildlife biologist Brian Tefft and the Nature Conservancy’s Scott Comings regarding the current state of the local pheasant population.  They all say there is a need for a current count.  Mr. Raithel will consider reinstituting a count.  Mr. Tefft said the DEM issues permits which are required for pheasant propagation.  He said introducing new birds has the potential to contaminate a natural population and caution is needed.  Block Island’s pheasants were introduced by the RI DEM. The Council looks forward to more information regarding the number of pheasants on the island.

 

12.  Receive EUTG summary: Update on Electricity Costs for Block Island Under Various Alternative Supply Scenarios

No action was needed or required. 

 

13.  Receive CRMC Meeting Notice re: Full Council Review of Deepwater Wind Block Island, LLC application (file # 2012-09-065), and SAMP Subcommittee recommendations

No action was needed or required, but Ms. Gaffett called attention to staff stipulation #11 which speaks to funding the decommissioning before permits are issued.

 

14.  Receive RI KIDS  COUNT memo re: annual Factbook and Profile of New Shoreham, RI

No action needed or required, interesting data.

 

15.  Act on Recreation Board appointments

The item was mistakenly put on the agenda.

 

16.  Minutes: March 18, 2014; April 7, 2014; April 16, 2014; April 29, 2014

 

Ms. Gaffett moved to approve the minutes of March 18, 2014, seconded by Mr. Lacoste.

 

Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

Ms. Gaffett moved, seconded by Mr. Pike, to approve the minutes of April 7, 2014 as read.

 

Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

Mr. Pike moved to table the minutes of April 16, 2014 to the next meeting, seconded by Mr. Lacoste.

 

Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

Ms. Gaffett moved to approve the minutes of April 29, 2014, seconded by Mr. Warfel.

 

Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

At 8:50 a motion to adjourn was made by Mr. Lacoste, seconded by Mr. Pike.

 

Ayes: 5 (Gaffett, Lacoste, Pike, Ryan, Warfel)         Nays: 0

 

 

Minutes approved May 21, 2014

 

 

Fiona Fitzpatrick

Town Clerk