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New Shoreham Town Council Meeting
Town Hall, 16 Old Town Road
Wednesday, February 19, 2025
7:00 p.m.
Present: First Warden Keith Stover, Second Warden Nancy Dodge, Town Council members William McCombe, Tristan Payne, and Margaret O’Neill. Also present were Interim Town Manager Amy Land, Land Use Attorney Kerin Browning and via Zoom, Town Solicitor James Callaghan. Town Clerk Millicent Highet was present for the recording of minutes.
First Warden Stover called the meeting to order at 7:02 p.m.
1. Public Comment
There was no public comment presented.
2. Consent Agenda:
a. Approval of minutes: February 3, 2025 open and closed; February 5, 2025
b. Approval of 2025 Shellfish closure schedule
c. Receive Correspondence: Maureen Durkin, US Fish and Wildlife re: 2024 piping plovers, American oystercatchers and colonial waterbirds reports
Mr. Payne moved to approve the items on the consent agenda. The motion was seconded by Ms. Dodge and carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
3. Discuss and act on Board, Commission and Committees:
a. Appointments:
i. Tree Warden – Ned Phillips (term exp. 12/2025)
Mr. Payne moved to appoint Ned Phillips as Tree Warden, with term expiring December 2025. The motion was seconded by Ms. Dodge and carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
ii. Transportation Safety Committee: Police Chief or designee; Rescue Squad Captain or designee; bike license holder; and car rental license holder.
Town Clerk Highet will contact the potential participants to bring forward volunteers at the next meeting.
b. Announce vacancies:
i. Commission on Motor Vehicles for Hire: One (not MVFH licensee) (term exp. 12/2026)
ii. Sewer District Commission: Two Alternate positions (1-year terms exp. 4/2025)
iii. Water District Commission: Two Alternate positions (1-year terms exp. 4/2025)
iv. Juvenile Hearing Review Board (term exp. 12/2026)
The board vacancies were announced.
4. Hold public hearing, discuss and act on amendments to New Shoreham Zoning Ordinance Article 2, Section 202 Definitions re: Tent, Trailer & Shipping Container; Article 1, Section 111 General Prohibitions, Article 5, new Section 519 Tents
Mr. Payne moved to open the public hearing on amendments to New Shoreham Zoning Ordinance Article 2, Section 202 Definitions re: Tent, Trailer & Shipping Container; Article 1, Section 111 General Prohibitions, Article 5, new Section 519 Tents. The motion was seconded by Ms. Dodge and carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
Land Use Attorney Kerin Browning reviewed the amendment, noting the following:
· There are new definitions for Tents, Trailers and Shipping Containers.
· A new section is proposed that exempts certain tent uses/activities as exempt from the prohibition on tents: Catering operations; Weddings and private parties; Beach or outdoor recreational activities; Sporting events and tournaments; Church events; and Farmer’s market, art shows or other similar events.
· There is a new proposed Section 519 which sets standards regarding tents.
Mr. McCombe questioned whether pre-existing uses would be grandfathered. Attorney Browning noted that such uses must prove they were pre-existing non-conforming. It was noted that tents include pop-up tents. Ms. O’Neill raised the following questions:
· Whether beach tents would need to comply with the newly proposed Section 519. Attorney Browning responded in the affirmative.
· Whether a retailer could use a tent up to eight days in a month. Yes.
· How would of the 8-days a month timeframe be tracked? Ms. Browning noted that the Zoning Official would be in charge of enforcement.
· How to clarify between catering operations and restaurant seating.
Discussion ensued regarding:
· A tent vs. an awning.
· Beach tents:
o Whether they should be exempt from proposed Section 519.
o They should not be allowed to stay up overnight.
o Whether they should be exempt for personal use.
· Whether Town properties are subject to compliance or exemption from the ordinance, as there are tent and shipping container storage uses taking place at the Fire Barn. Attorney Browning stated that municipal uses are not covered under the ordinance, as only commercial or industrial activities are subject to the ordinance.
Mr. McCombe moved to continue the public hearing to March 19, 2025 at 7:00 p.m. at Town Hall, Old Town Road. Mr. Payne seconded the motion and it carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
5. Set a public hearing date for New Shoreham’s 2025 Hazard Mitigation & Flood Management Plan updating the 2017 Hazard Mitigation & Flood Management Plan (Note – there will be a brief overview of the project at the March 3, 2025 Town Council meeting)
Mr. Payne moved to set a public hearing date for New Shoreham’s 2025 Hazard Mitigation & Flood Management Plan updating the 2017 Hazard Mitigation & Flood Management Plan on April 7, 2025 @ 7:00 p.m. at Town Hall, Old Town Road. The motion was seconded by Ms. Dodge and carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
6. Continued Item: Discuss and act on request of VVO Real Estate Holding, LLC for a six-month extension of a Special Temporary Permit under Section 112 of the Zoning Ordinance for the Harborside property, Plat 6, Lot 107 (originally issued August 21, 2024)
Attorney Joshua Parks, representing VVO Real Estate Holding LLC explained that a Special Temporary Permit was granted by the Town Council on August 21, 2024 for the use of storage containers on the Harborside property and the applicant was looking to extend the permit for an additional six months, as allowed by ordinance. He noted that the reconstruction of the Harborside is moving forward, and a Certificate of Appropriateness was received from the Historic District Commission and Engineered drawings have gone out to bid with a hope of ground-breaking this spring.
Mr. Stover stated that the constructed fencing required to screen the shipping containers and tents authorized under the original Special Temporary Permit was not built to what was represented during the initial granting. Ms. O’Neill concurred, noting the fencing is in disrepair and shoddily hung. Attorney Parks committed to having the site brought into compliance.
Mr. Payne moved to approve the request of VVO Real Estate Holding, LLC for a six-month extension of a Special Temporary Permit under Section 112 of the Zoning Ordinance for the Harborside property, Plat 6, Lot 107 and require that the owner restore and repair the fencing as called for in the initial granting. The motion was seconded by Ms. Dodge. Discussion ensued and the motion and the second were withdrawn.
Mr. Payne moved to approve a one-month extension of the Special Temporary Permit for the use of storage containers and tents on Plat 6, Lot 107, the Harborside property, asking the property owner to submit a new plan for fencing for consideration of an additional time extension. The motion was seconded by Ms. Dodge and carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
7. Discuss and act on recommendations from the Harbors Committee :
a. Harbors Department Fee Schedule increases:
i. Nightly Transient and Private Mooring Rental Fee: from $55 to $65 per boat, per night
ii. New Harbor Rental Daily Rate (max 6 hours): from $30 to $40 per boat
iii. Old Harbor Dockage: from $4.00 to $4.50 per foot
Harbormaster Kate McConville was present and reviewed the proposed Harbors fee increases. Upon being questioned, Harbormaster McConville stated that she was in favor of the Nightly Transient and Private Mooring Rental fee increase, and the Old Harbor Dockage fee increase. She was not in favor of an increase of the Rental Daily Rate.
Mr. Payne moved to approve the Harbors Department Fee Schedule increases: Nightly Transient and Private Mooring Rental Fee: from $55 to $65 per boat, per night; and Old Harbor Dockage: from $4.00 to $4.50 per foot. The motion was seconded by Mr. Stover and carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
b. Landing Fee increase: from $0.50 to $5.00 per person
Harbormaster McConville explained that the Harbors Committee voted to recommend an increase to the Landing Fee of $4.50 per person and asked that the Council pursue legislation increasing such.
Mr. Stover explained that the Council is currently discussing the concept, and will continue the conversations under Item #10.
8. Discuss and act on recommendations from the Commission on Motor Vehicles for Hire for rate increases:
a. Bodily Fluid Charge: from $50 to $150
b. Tour Rate (per hour): $90 to $100
c. Per Person Charge: $2 to $3
d. Additional Passenger minimum age: from 6 years to 4 years
Mr. Payne and Ms. O’Neill recused themselves.
Commission on the Motor Vehicles for Hire member SueAnn Shaw was present and presented the proposed rate increases on taxi services. Taxi license holder Judy Clark was present and spoke in favor of the increase. Mr. Stover stated that he was not in favor of the lowering the additional passenger minimum age from age 6 to age 4.
Mr. Stover moved to approve the following taxi rate increases: Bodily Fluid Charge: from $50 to $150; Tour Rate (per hour): from $90 to $100; and Per Person Charge: from $2 to $3. The motion was seconded by Ms. Dodge and carried.
Ayes: 3 (Stover, Dodge, McCombe) Nays: 0 Recused: 2 (Payne, O’Neill)
9. Discuss and act on request of the New Shoreham Water Commission for a Resolution requesting certain amendments to Chapter 15 of Title 46 of RIGL (water district issues that pertain to communities with districts that do not encompass the whole community)
Ms. O’Neill and Mr. Payne returned to the table.
Interim Town Manager Land explained that the Water Commission has adopted a resolution requesting amendments to RIGL Title 46, Chapter 15, to limit the Water Company’s obligations to provide water to those within the Water District only, and not the entire township. She noted that the Water Company is looking for support though a Town Council resolution to promote such amendment.
Mr. Payne moved to adopt the resolution requesting certain amendments to Chapter 15 of Title 46 of RIGL to limit the Water Company’s obligations to provide water to those within the Water District only, and not the entire township. The motion was seconded by Mr. McCombe and carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
10. Receive and discuss legislative update: Housing; Property Tax Relief; Landing Fee; School Funding; Hotel Tax
Interim Town Manager Land reported on the progress of the items raised under the Council’s discussions regarding the legislative agenda. She reviewed the following:
· Housing: Mayfourth is keeping an eye out for any legislation or carve-outs that the Housing Board may be able to take advantage of.
· Property Tax Relief: Middletown has drafted legislation that reflects the Town’s intentions to offer property tax relief to those who provide long-term rental housing. A resolution will be presented at the next meeting.
· Landing Fee: Mr. McCombe recused himself. Ms. Land stated that she is looking for feedback regarding an increase in the Landing Fee and whether an exemption for island residents and/or resident cars should be pursued. She noted that an exemption for Island residents would require a more strategic examination on moving forward. Ms. Dodge stated that the Town may face constitutional issues, particularly regarding a resident exemption. Feedback from Mayfourth, Representative Spears and Senator DiMario will be pursued.
· School Funding: Mr. McCombe returned to the table. The League of Cities and Towns have held discussions and issued information regarding the current school funding formula to improve statewide understanding. The Rhode Island Foundation has a created a Blue Ribbon Commission working on future funding strategies. Mr. Stover questioned whether it is appropriate to lobby the RI Foundation. Ms. Dodge questioned if they will be exploring how the missing Federal funding gap will be filled.
· Hotel Tax: Two bills have been submitted which add the 8% hotel tax to short-term rentals. Discussions will be held regarding whether to support the bill(s) and, if so, how to bring some of that percentage back to the Town.
11. Review of financial reports
Interim Town Manager presented the financial reports, highlighting the following:
· Municipal Fire Alarm upgrade mandates are not currently funded.
· Unexpected equipment failures in the Highways Department are having budgetary impacts.
· 75% of the Legal line has been expended.
12. Receive and act on Report of Interim Town Manager (Public Works, Finance, School, School Construction Project, Library, Recreation, Administration, Harbors, Broadband, Police, Roads, Human Services)
Interim Town Manager Land presented the Town Manager’s Report, noting the following:
· The Police Department received two donations amounting to $25,000 for a new vehicle.
· Residents and business owners are reminded that they are responsible for snow removal in front of their properties.
· One of the two sand/salt spreaders is down and will be replaced by next winter season.
· Mold remediation at the library is being explored.
· 469 Short-Term Rental applications have been received.
· The staff, Planning Board and Housing Board will be discussing possible regulatory changes to increase the number of affordable and attainable housing units.
· Cybersecurity implementations are ongoing, with the final required deployment next month.
· The Portal for Congressional Spending has opened with a short application period and discussions will take place with the lobbyists to determine if there is a funding opportunity the Town may want to apply for. It was noted that the funding may not become available, due to Federal funding cuts.
Ms. Dodge noted that the Harborside sidewalks were cleared first thing in the morning during the snow event.
Mr. Payne moved to adjourn at 8:49 p.m. The motion was seconded by Ms. Dodge and carried.
Ayes: 5 (Stover, Dodge, Payne, O’Neill, McCombe) Nays: 0
Millicent Highet, MMC
Town Clerk
Date Approved: 3/3/2025