New Shoreham Town Council Minutes
Town Hall, Old Town Road, Block Island
Monday March 2, 2020
7:00 PM
Present: First Warden Kenneth C. Lacoste, Second Warden Andre Boudreau, Town Councilors Martha Ball, Sven Risom and Christopher Willi. Also present were Interim Town Manager James Kern and Town Clerk Fiona Fitzpatrick, who took the minutes of the meeting.
First Warden Lacoste called the meeting to order at 7:00.
Warden’s Report
Interim Manager Kern reported he met with First Warden Lacoste, BIHS Medical Director Mark Clark, EMA Director William McCombe, and Rescue Captain Tracy Fredericks to discuss the Island’s preparedness and response to the corona virus illness, COVID-19. The School and Medical Center receive daily reports or teleconferences with the RI Department of Health and RI Department of Education. At this time the advice is to wash hands frequently, avoid shaking hands or touching your face. Get a flu vaccine to improve your chances of staying healthy and out of the hospital. If you feel symptomatic, call your healthcare provider, do not just arrive for treatment. Testing may be recommended by the Medical Center; at this time all testing must be approved by the Department of Health. The BIHS Health Director is developing a protocol for transporting patients off the Island. Health Services is sending information to their patient population via their list serve. Mr. Lacoste said people should also stop buying and hoarding face masks. They should be reserved for the health care community.
Public Input
There was no input from the public.
1. Receive Planning Board Communication and Set Public Hearing Date for Proposed Amendments to TNS Zoning Ordinance Section 202(A) definition of “Building Height” requiring building height be measured from base flood elevation in Special Flood Hazard Areas. This amendment is related to a recent amendment the State’s Zoning Enabling Act.
Mr. Lacoste read a memorandum from the Planning Board, attached.
Mr. Lacoste moved to set a public hearing date for Monday, March 30, 2020 seconded by Mr. Boudreau.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
The hearing will be at 6:00 PM. Ms. Ball objected to using rounded percentages to calculate accessory building height. The formula results in a maximum accessory building height of 16.1 feet for buildings in special flood hazard areas of three zones.
2. Receive Planning Board communication from Planning Board and set public hearing date for Proposed Amendments to TNS Zoning Article 3 Zoning Districts and Regulations – “Dimensional Standards” and Amendments to TNS General Ordinances Chapter 11 Natural Resources Protection “Flood Ordinance” establishing reduced maximum building heights for structures in Special Flood Hazard Areas
Mr. Lacoste moved to set a public hearing date for 6:00 PM Monday, March 30, 2020, seconded by Mr. Boudreau.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
3. Adjust new Public Hearing Date for application by Block Island Land Trust, Block Island conservancy, and The Nature Conservancy to amend TNS Zoning Ordinance Section 202(A) definition of “Developable Land” to exclude land held under conservation easements
The change would remove land in scenic or conservation easements from development density calculations, unless the easement includes affirmative language that allows the restricted land to be included in development calculations. Mr. Willi asked if the landowners would be offered the option of including the restricted land in such calculations retroactively. Ms. Ball asked if the applicants would release the data underlying their assertion that 50 additional houses could be built if the ordinance is not amended.
Mr. Lacoste moved to reconsider the meeting date established at the Council’s last meeting, and set a new public hearing for 6:00 PM Monday, March 30, 2020. Seconded by Mr. Boudreau.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
4. Set Public Hearing Date for Application by 54 Dodge Street Block Island OpCo, LLC to amend TNS Zoning Ordinance to add a new definition “Accessory Hotel Room” to Section 202; a new use to 312 (E ) and to add a new Section 407 ( C), “Standards in the Old Harbor Commercial District” regarding the development of hotels
Mr. Boudreau moved to set a public hearing date for 6:00 PM Monday, March 30, 2020, seconded by Mr. Risom.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
5. Act on resolution authorizing Representative-Signature-Certifier for the USDA ReConnect Grant/Loan Program for the Block Island Island-Wide Broadband Project
Mr. Lacoste moved, seconded by Mr. Boudreau, to ratify the resolution authorizing Finance Director Amy Lewis Land as Representative-signature-Certifier for the USDA ReConnect Grant/Loan Program for the Block Island Island-Wide Broadband Project. Motion seconded by Mr. Boudreau.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
6. Receive and act on Warrant for March 23, 2020 Special Financial Town Meeting for capital improvements at the Block Island Water Company
Mr. Lacoste moved, seconded by Mr. Boudreau, to approve the Warrant for the March 23, 2020 Special Financial Town Meeting.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
7. Receive and act to award bid for Landfill Closure capping material
Mr. Lacoste recused and left the room; he is related to the bidder.
Interim Town Manager Kern explained the Town solicited bids for capping material at the landfill. He recommended entering into a contract with A. Transue Corp. for material. The Town has funding on hand in the amount of $72,290. If voters approve additional funding in the amount of $70,115, the project can be finished without rebidding using Transue’s competitive unit pricing for material. Landfill cap maintenance will cost between $10,000 and $20,000 annually.
Mr. Boudreau moved to award bid to A. Transue for material as outlined in the memo from James Geremia dated February 4, 2020. The memo was seconded by Mr. Willi.
Ayes: 4 (Boudreau, Ball, Risom, Willi) Nays: 0 Recuse: 1 (Lacoste)
8. Receive report on Boston Post Cane
The report was received.
9. Receive and act on communication from Rhode Island Airport Corporation re: request for letter of support for proposed “Preservation of Safe Airspace” legislation
Mr. Kern explained federal law and FAA regulations require RIAC to enter into negotiations with abutting landowners to find equitable compensation for airspace easements to preserve safe airspace if, for instance, tree growth creates a safety issue. A handful of landowners in Westerly and Newport have thus far not agreed to easements, resulting in ongoing litigation while trees continue to grow and further obstruct airspace. The Preservation of Safe Airspace bill is intended to help foster good faith negotiations to provide reasonable compensation to neighboring landowners and address local airspace obstructions threatening public safety and continued airport operations.
Mr. Lacoste authorized the Interim Town Manager to draft a letter in support of the Preservation of Safe Airspace legislation for Town Council signature. The motion was seconded by Ms. Ball.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
10. Receive and act on proposal to improve visitor experience and reduce downtown congestion: bathrooms; lockers; signage; funding Welcome Center; seasonal closure of Chapel Street between Water Street and Weldon’s Way
Councilor Risom reported he has met with the Interim Town Manager and Chamber of Commerce Director regarding pedestrian and vehicular traffic around the Visitors Center. The group suggests a summer closure of the east end of Chapel Street, creating a shady sitting area and allowing trucks to load and unload. Removable planters and benches funded by businesses could be used. One-way traffic is not being considered. Discussion endued. Council members thanked Mr. Risom and asked him to get the opinion of the Police Chief and Highways Superintendent.
11. Appointments to Boards, Committees and Commissions
Mr. Will moved to appoint Kyra Ernst to the Board of Canvassers to serve as an alternate. Motion seconded by Mr. Boudreau.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
Mr. Boudreau moved to reappoint Lesley Helterline as an alternate on the Board of Canvassers, seconded by Mr. Lacoste.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
At 8:45, Mr. Lacoste moved to adjourn, seconded by Mr. Willi.
Ayes: 5 (Lacoste, Boudreau, Ball, Risom, Willi) Nays: 0
Minutes approved November 1, 2021
Fiona Fitzpatrick
Town Clerk