New Shoreham Town Council Minutes
Town Hall, Old Town Road, Block Island
Monday, February 6, 2017
7:00 p.m.
Present: First Warden Kenneth C. Lacoste, Second Warden Norris Pike, Town Solicitor Martha Ball, Town Councilor Andre Boudreau and Town Councilor Christopher Willi. Also present were Town Solicitor Katherine Merolla, and Town Manager James Lathrop. Town Clerk Fiona Fitzpatrick was present to take the minutes of the meeting.
Mr. Lacoste called the meeting to order at 7:00 p.m.
Warden’s Report: There was no Warden’s Report.
Public Input: Sven Rissom, speaking for the Tourism Council, asked that the Council make sure the Beach Pavilion is in good working order for the summer season. Chris Warfel asked that detail be provided for an invoice he distributed to the Town Council. The Planning Board will be discussing the establishment of a local ban on plastic bags, Styrofoam, and pvc plastic bottles.
1. Receive and act on recommendations of Deer Task Force regarding 2017-2018 deer hunting dates; set pheasant hunting dates
Present for the deer task force were Heather Hatfield, Paul Deane and Richard Stinson. A brief discussion ensued. Bill Penn said the Block Island Residents Association has reimbursed the transfer station more than $500 for deer carcasses this year.
Mr. Lacoste moved to set the deer hunting dates as follows: archery only: October 10, 11 ,12 ,13 ,16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 30, 31; concurrent archery, shotgun and muzzleloader: November 1, 2, 3, 6, 7, 8, 9, 13, 14, 15, 16, 17, 20, 21, 27, 28; December 1, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18, 19, 21, 22; January 3 (which is also a pheasant date), 4, 5, 8, 9, 10, 11, 12, 16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30, 31; and February 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 2018. The motion was seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
Mr. Lacoste moved to allow pheasant hunting on November 22 and 29, December 20 and 27, 2017 and January 3, 2018. The motion was seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
2. Set deer hunting dates for deer hunting on Town property at West Beach at
Plat 20, Lot 20
Discussion ensued. Christopher Blane asked that Plat 20, Lot 20 be used for deer hunting only after waterfowl season has ended. He also asked that a letter be sent to US Fish and Wildlife asking them use to synchronize their deer hunting dates on the Hippocampus property (Plat 20, Lot 18) with the Town’s dates for Plat 20, Lot 20.
Mr. Lacoste moved to allow deer hunting on Town land at Plat 20, Lot 20 during the 2016-2017 deer season after the end of the federal waterfowl hunting season, to be administered as usual by the Town Manager. The motion was seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
3. Receive and act on deer tag reimbursements
Requests for reimbursement for deer tags were received from 12 hunters who took a total of 109 does, button bucks or antlerless deer.
Mr. Lacoste moved to reimburse the hunters the cost of $12.50 per deer tag for a total of $1,362.50, seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
4. Discuss and act on request of Sam Fuller to install bluebird houses on town property at Fresh Pond and American Kestrel box at Hodge Preserve
Sam Fuller is installing different types of bird houses to increase biodiversity as part of his Eagle Scout Project. As a partial owner, the Town must grant permission for the installation of kestrel boxes at the Hodge Preserve.
First Warden Lacoste moved to grant permission for Sam Fuller to install kestrel boxes at the Hodge Preserve, seconded by Second Warden Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
5. Receive and act on Annual Report of the Department of Building Inspection, Office of the Building Official
Marc Tillson was present to answer questions regarding his department’s annual report. Of special note is the complete lack of permits for single family dwelling; permits were issued for new construction and renovations only. The Building Department has been working to streamline their process and will be undergoing a technology upgrade in support of the goal.
Mr. Lacoste moved to thank Building Official Marc Tillson and accept the Annual Report of the Department of Building Inspection, Office of the Building Official, seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
6. Update by Barbara MacMullan, Block Island Power Company Transition Team/Block Island Power Company Board of Directors regarding Block Island Power Company transition and operational issues
Ms. MacMullan, Chair of the Block Island Power Company Transition Team and member of the Board of Directors of Block Island Power Company, reported and introduced Jeff Wright, the new Interim President of the Block Island Power Company. Mr. Wright will be working with the existing management team to complete the interconnection, work with ISO and Energy New England to have purchase power contracts in place once the interconnection is complete, coordinate with the Town, National Grid and Deepwater Wind with regard to the cable and fiber interconnections, work with company attorneys and accountants on the required regulatory filing and begin the planning for restructuring of the Company. Once the interconnection is complete and cable goes live, the company has six months to file a restructuring plan which must include an operational plan under the Utility Restructuring Act. The Company has entered into a contract with Energy New England for the purchase power rate which will to used for the standard offer rate, a customer charge in lieu of the fuel adjustment charge when the cable goes live. The contract and rates will be filed soon with the PUC. BIPCo has asked the PUC for a Declaratory Judgement to establish that all the cost of the interconnection be shared among all RI ratepayers and not just the Block Island Power Company ratepayers. The Company has also submitted a request to the PUC for an extension of its exemption from retail choice for an additional year (until October, 2018). Retail choice for consumers is required under the Utility Restructuring Act but it will be costly to implement and the company will not be ready without the extension. The Transition Team is continuing to evaluate the merits of coop or utility district organization under the tax code. Partridge Snow and Hahn has been retained for those questions. for evaluating tax code re: ownership of utility as Municipal or coop. Transition Team will be meeting next Monday at 4:00.
In response to questions, Ms. MacMullan clarified that the Transition Team meetings are subject to the Open Meetings Act and are held in public. Although the Town bought 2/3 of the stock of the Block Island Power Company, it is still a private investor owned company. Board of Directors meetings of any private company are typically held in private. There was a request from audience member Chris Warfel that the BOD meetings be held in public. Ms. MacMullan said everything discussed at the BOD meetings with the exception of litigation, contract negotiations and personnel matters are also discussed publicly at BIPCOTT meetings. Like any investor owned company, Board of Director meeting minutes are not published. Block Island Power Company Transition Team minutes are public. She said the BIPCOTT board was put in place by the previous Council to act as a public forum for BIPCO issues during the transition phase before being transformed into nonprofit ratepayer controlled coop or utility district. Attorney Merolla concurred that Mike McElroy, acting as Regulatory Counsel, has given the opinion that the BIPCO BOD is not subject to the OMA. She said that she has given the same opinion. Ms. Merolla said the question of whether the Council wanted the BOD meetings to be held in public is a policy decision. The questions of whether finance statements could be released to the public with permission of only 2/3 of the stockholders was unresolved.
Jeff Wright was introduced. He thanked everyone for welcoming him and said he looks forward to helping with the transition from an investor owned utility to a ratepayer owned utility.
7. Discuss and act on request of NS Commission on Motor Vehicles for Hire for Town Council Resolution in support of local exemption from legislation permitting operation of Network Company Services (ex: Uber and Lyft)
Vin McAloon was present for the Commission on Motor Vehicles for Hire. Martha Ball, who holds a taxi license, recused and left the table. Attorney Merolla explained New Shoreham is not exempt from legislation passed last year regulating “network company service” vehicles for hire. At their last meeting, the MVFH Commission voted to request the Town Council to work for legislation that would allow New Shoreham to regulate NCS’s operating on Block Island. Letters of support were received from Fran Migliaccio, the Chamber of Commerce and the Tourism Council. A resolution supported by the MVFH Commission is attached to these minutes.
Mr. Lacoste moved to adopt the Resolution in support of a local exemption, seconded by Mr. Pike.
Ayes: 4 (Lacoste, Pike, Boudreau, Willi) Nays: 0 Recuse: 1 (Ball)
8. Discuss and act on appointments of Town Officials, boards and committee
Mr. Lacoste moved to appoint Christopher Blane Viewer of Fences, seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
Mr. Lacoste moved to appoint James Fiorato the Town Council liaison on the Block Island Health Services Board, seconded by Ms. Ball.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
9. Announce vacancies of Town Officials, boards and committee
Mr. Lacoste announced vacancies on the Shellfish Commission, Block Island Power Company Transition Team, North Light Commission and the Board of Canvassers.
10. Request for support from Burrillville Town Council Resolution Opposing the Siting of the Clear River Energy Center in Burrillville, RI
Present were Burrillville Town Councilor Ray Trinque, Burrillville Land Trust President Paul Roselli and two concerned citizens of Burrillville. Mr. Trinque and Mr. Roselli spoke in opposition to the Clear River Energy Center a 900 megawatt fracked gas power plant would be owned by Invenergy. They described the plant as unnecessary, sited in the middle of 26,000 acres of preserved woodland, projected to pollute water in the region and emit greenhouse gas pollution to the extent that RI will not be able to reach its clean energy goals, and intended to provide energy for Massachusetts. The plant is projected to use from 100,000 to 2,000,000 gallons of water per day, and thousands of gallons of toxic chemicals will be stored on site. They also described the lack of local control over the process to site and permit the plant. The CREC is opposed by the Town Council of Burrillville, the RI House of Representatives, 20 other Rhode Island towns (to date) and many, many organizations including The Nature Conservancy. No one spoke in favor of the CREC. Councilor Ball said every town should have control of such issues within its boundaries.
Mr. Lacoste moved to adopt the resolution opposing the siting of the Clear River Energy Center in Burrillville RI. The motion was seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
11. Correspondence: letter of BIRA regarding fiberoptic infrastructure
Mr. Lacoste moved to receive the letter of the Block Island Residents Association, seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
12. Receive and act on minutes: December 5, 2016 (7:00 closed session); January 31, 2017
Mr. Lacoste moved to approve the closed session minutes of December 5, 2016 with the exception of the Harbors discussion. The motion was seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
Mr. Lacoste moved to approve the closed session Harbors discussion in the minutes of December 5, 2016. The motion was seconded by Mr. Pike.
Ayes: 4 (Lacoste, Pike, Ball, Boudreau) Nays: 0 Recuse: 1 (Willi)
Mr. Lacoste moved to approve the minutes of January 31, 2017 with one correction. The motion was seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
13. Discuss and act on Town Manager’s job performance review (This discussion may be held in closed session pursuant to Rhode Island General Law §42-46-5(a)(1) for the discussion of job performance)
At 8:55 Mr. Lacoste moved to convene in executive session pursuant to Rhode Island General Laws §42-46-5(a)(1) for the discussion of the job performance of the Town Manager, who has been notified in writing that the Town Council intends to meet in executive session to discuss his job performance, and who has requested the discussion to take place in executive session. Seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
The closed session minutes are under separate cover.
At 11:00 Mr. Lacoste moved, seconded by Mr. Pike, to seal the executive session minutes and continue the executive session meeting to 5:00 Wednesday, February 8, 2017 at Town Hall.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
Mr. Lacoste moved to reconvene in open session, seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
Mr. Lacoste noted a motion was made and voted approved unanimously in executive session which will not be disclosed “for the period of time during which its disclosure would jeopardize any strategy, negotiation or investigation undertaken pursuant” to a properly closed meeting, pursuant to R.I. Gen. Laws § 42-46-4.
At 11:01, Mr. Lacoste moved to adjourn the open session, seconded by Mr. Pike.
Ayes: 5 (Lacoste, Pike, Ball, Boudreau, Willi) Nays: 0
Minutes approved March 15, 2017
Fiona Fitzpatrick
Town Clerk