Public Notices - February 11, 2012

Mon, 02/13/2012 - 3:42pm
Category: 

Not a legal posting: agenda may be amended after press time

New Shoreham Town Council Agenda

Town Hall, Old Town Road, Block Island

Wednesday, February 15, 2012

7:00 p.m.

Warden’s Report

Public Input

  1. Tabled Item:

Receive and act on Blake Filippi letter re: 2012 National Defense Authorization Act

  1. Act on HDC application for Spring House Pump House reconstruction
  2. Receive and act on NS Police Department monthly report: January 2012
  3. Boards, Committees and Commissions:

• Announce current Board, Committee and Commission openings

• Consider establishing a Great Salt Pond ad hoc committee

  1. Correspondence: Scenic Block Island re: thank you for 350 fund contribution; US Dept. of Interior/BOEM re: Site Assessment Plans; Chris Warfel re: written complaint as follow up to verbal complaint regarding bidding.
  2. Minutes: December 21, 2011, January 25, 2012, February 1, 2012 and February 6, 2012
  3. Report on litigation:
  4. Completion of Town Manager evaluation [this discussion may be held in closed session pursuant to RIGL 42-46-5(a)(1)]
  • Status of TNS v. Filippi et al (WCSC 2004-0115) “Old Harbor Triangle”; (this discussion may be held in closed session pursuant to Rhode Island General Laws §42-46-5(a)(2) for sessions pertaining to litigation or pending litigation)
  • Status of transfer station litigation (this discussion may be held in closed session pursuant to Rhode Island General Laws §42-46-5(a)(2) for sessions pertaining to litigation or pending litigation)

Individuals requesting interpreter services for the hearing impaired must call (401) 466-3200 forty-eight hours in advance of the meeting date.  TTY: (800) 745-5555.  Posted Feb 9, 2012

 

Public Notice
Block Island Land Trust
Monday, February 13, 2012, 2:45 p.m.
Town Hall, Old Town Road, Block Island, RI
AGENDA

2:45 PM – Open Session:
1.  Public Input
2.  Stewardship
a.  Fresh Pond Management update
b.  Ball-O’Brien bathrooms update
c.  Heinz Field Management Plan
d.  Spring House Pump House update
3.   Rhode Island Land Trust Council Request Re: “Land Trust Days” 2012 Event
4.   Treasurer’s Report
5.   Secretary’s Report
6.   Approval of Minutes:  January 9, 2012 (open and closed)
7.  3:30 PM (approximate time) – Closed Session:  Litigation & Acquisitions*
8.   Motion(s) as a result of closed session discussion
9.  Adjournment
Next Meeting:  Monday, March 5, 2012 (First Monday in March)
This item will be held in Closed Session pursuant to RI GL 42-46-5(2) (litigation: updates for Champlin’s Marina Expansion –RI Supreme Court Case #2009-113,114,115-M.P. and Champlin’s Partnership Inquiry), RIGL 42-46-5(5) (acquisitions: confidential at this time), and RIGL 42-46-5(1) (personnel).
Those requesting interpreter services for the hearing impaired must call (401) 466-3200  
48 hours prior to meeting date.  TTY: 711.
Posted:  February 8, 2012

 

Legal Notice
of hearings on applications for Historic District Commission.  
NOTICE IS HEREBY GIVEN that the Town of New Shoreham Historic District Commission will be in session at the Town Hall on Monday, February 27, 2012 at 7:00 P.M. for its regular monthly meeting.  All persons interested will be heard for or against the granting of the following application:
1.    Penn, William J. Rev Living Trust. Plat 18, Lot 66. Public Hearing for an Application to establish this property as an Historic District Zone pursuant to New Shoreham General Ordinances Chapter 7 Historical Preservation Section 3 (B).
*Individuals requesting interpreter services for the Hearing Impaired must call 466-3200 forty-eight hours in advance of the meeting date.  TTY: 711 Posted:  02/08/2012 tlc

 

Public Notice
Not a legal posting: agenda be amended after press time
Electric Utilities Task Group
Friday, February 17, 2012
Town Hall, Old Town Road
10:30 a.m.

1. Public Input
2. Approval of Minutes 1/20/2012
3. Presentation by Ballard Energy Systems on Role of Hydrogen Fuel Cells in Renewable
energy sytems.
4. Pace Legislation
5. Deepwater Update
6. Distribution upgrade and other BIPCO issues
7. Summary of BI electricity costs
8. Correspondence from Chris Warfel
Individuals requesting services for the hearing impaired must call (401) 466-3200 forty-eight
hours in advance of the meeting date. TTY: 711 Posted: 2/8/2012

 

Legal Notice
ZONING MODIFICATION REQUEST
Block Island Housing Board.  Plat 19 Lot 42-3 Zoning Modification Request is to locate a new Single Family Dwelling forty six (46) feet from the western property line of Lot 42-3.  A fifty (50) foot setback from all property lines is required in the Residential A (RA) Zoning District.  If no written objections are received from directly abutting property owners by March 6, 2012, the Zoning Modification will be granted.
Marc A. Tillson
Building Official
Town of New Shoreham

 

Legal Notice
ZONING MODIFICATION REQUEST
Block Island Housing Board.  Plat 19 Lot 42-2 Zoning Modification Request is to locate a new Single Family Dwelling forty six (46) feet from the western property line and forty nine (49) feet from the northerly property line of Lot 42-2.  A fifty (50) foot setback from all property lines is required in the Residential A (RA) Zoning District.  If no written objections are received from directly abutting property owners by March 6, 2012, the Zoning Modification will be granted.
Marc A. Tillson
Building Official
Town of New Shoreham

 

Public Notice
Proposed Amendments to the Revised General Ordinances
Chapter 19, Utilities, Article VII Wastewater Management
(Please see Block Island Times paper edition for full formatting of the following legal notice.)

Changes have been proposed to New Shoreham’s Utilities Ordinance.  The New Shoreham Town Council will hold a Public Hearing on Monday, March 5, 2012 at 7:00 p.m. at the Town Hall, Old Town Road, Block Island, at which time all persons for or against may be heard and the Town Council may act on this proposal and/or amendments hereto. The proposed new language is underlined,  language to be removed is crossed out like this.  References to the “Sewer Commission” have been replaced with “Town Council” throughout.  A copy of Article VII in its entirety with the changes noted is available at new-shoreham.com or from the Town Clerk’s Office at Town Hall (401) 466-3200.
SECTION 1.0 AUTHORITY
This ordinance has been drafted in accordance with and under the authority of the State of Rhode Island General Laws, Title 45, Chapter 24.5 of the General Laws entitled “Towns and Cities; Wastewater Management Districts”.  The authorizing State chapter shall be known and cited as the “Rhode Island Septic System Maintenance Act of 1987”.  It authorizes the passage of authorized representatives of the Town, the Town Council Sewer Commission or their designees, and licensed septage transporters onto private property for the periodic inspection, pumping, maintenance and repair of Individual Sewage Disposal Systems (ISDSs), now and hereinafter referred to as Onsite Wastewater Treatment Systems (OWTSs).  
Nothing in this act replaces or precludes any obligation of the owner to notify the RI Department of Environmental Management (RIDEM), the RI Department of Health, or the Coastal Resources Management Council.  
SECTION 2.0 FINDINGS: no changes
SECTION 3.0 PURPOSE no changes
SECTION 4.0 DEFINITIONS no changes
SECTION 5.0 WASTEWATER MANAGEMENT PROGRAM BOUNDARIES no changes
SECTION 6.0 MISCELLANEOUS REGULATIONS FOR OWTS OPERATION AND            SITING no changes to 6.1, 6.2 and 6.4-6.9
6.3 Accessibility To help locate and facilitate the inspection and pumping of a septic tank and ultimately to increase the longevity of the OWTS, all septic tanks installed, repaired or altered after the effective date of this Ordinance, shall be equipped with access risers to grade located at the inlet and outlet ends of the septic tank and an effluent filter located at the outlet end of the septic tank.  These access risers shall be a minimum of twenty (20) inches in diameter. These items shall be installed in accordance with specifications available from the Building Official, the Wastewater Management Inspector or their designee and/or the Town Council Sewer Commission. The owner shall maintain the OWTS so that it is readily accessible for inspection and maintenance.  For new construction, the placement of swimming pools, patios, driveways, or other impervious surfaces over the septic tank is prohibited. Variances for unusual circumstances may be considered.
SECTION 7.0 OWTS INVENTORY AND INSPECTION  no changes
Section 7.1 OWTS Inspections
All OWTSs shall be subject to onsite inspections by the Wastewater Management Office or its designee.

The purpose of OWTS inspections is to assess the condition of the OWTS and provide the Wastewater Management Office with the technical and background information needed to determine the maintenance requirements for each system in the Town of New Shoreham on the island, and/or the need for system upgrade or replacement.  The initial inspection to be scheduled will be the first maintenance (baseline) inspection. Subsequent inspections will generally be routine maintenance inspections unless there is a system failure.  Maintenance requirements shall be based upon inspection results.  Inspections between pumpouts for a particular system may be limited to sludge, liquid and scum measurements.  More thorough inspection procedures may be undertaken at, or shortly following, system pumping.  After an OWTS has been inspected the owner will receive an inspection report from the Wastewater Management Inspector or his/her designee detailing the findings, including any corrective actions, maintenance requirements, and the timeframe for the next inspection and/or corrective actions.  
For compliance with New Shoreham’s Zoning Ordinance 506, the inspections will be done by the Wastewater Management Inspector (a town employee), or their designee.  The inspector and any designee shall have completed the basic level courses to be accredited through the University of Rhode Island Onsite Wastewater Training or an equivalent training program.
Section 7.2 Inspection Frequency  no changes
Section 7.3 Inspection Records  
A standard OWTS inspection form shall be developed by the Wastewater Management Office, and the completed inspection form shall be kept on file for each OWTS inspected.  The owner of the real property shall provide the Wastewater Management Office, or its designee, with any pertinent information that the owner has regarding the use, age, location, maintenance history, design, plat and lot number, RIDEM and/or CRMC permit number, engineering plans, etc. of the OWTS. The completed inspection form shall contain sufficient information upon which to base the maintenance and/or upgrade requirements for the OWTS.  The completed inspection form sent to the owner, the Town Council Sewer Commission, and Building Official within 10 (ten) days of inspection. The completed inspection form may report on the following applicable information:
#1 -#24, no changes
The completed inspection form shall be mailed to the address(es) maintained by the Town of New Shoreham's Tax Assessors Office, unless otherwise specified in writing by the owner and/or the owner’s agent.
SECTION 8.0 OWTS MAINTENANCE CONTRACT AND SCHEDULES
8.1 Maintenance Schedule
A.    The Wastewater Management Office shall determine the OWTS maintenance and pumping requirements for each system based upon the results of the inspections.  
Following each inspection of an OWTS by the Wastewater Management Office, or its designated agent, the owner will be given a completed inspection report as described in section 7.3 of this ordinance, indicating the condition and the maintenance and pumping requirements of that particular system.  The owner shall arrange such pumping with a licensed/permitted septage transporters within thirty-days (30) of the stipulated date.  Failure to pump within thirty-days (30) of the stipulated date shall be deemed a violation of this ordinance, and may result in the issuance of a notice of violation and/or the OWTS may be pumped at the direction of the Wastewater Management Office pursuant to section 9.1 of this ordinance.
Once pumped, a dated notice of such pumping must be presented to the Wastewater Management Office by the property owner and/or the owner’s agent Sewer Commission.  This notice shall include the plat, lot and fire number where the OWTS was serviced.  Such maintenance and pumping schedules shall supersede any preexisting Town maintenance and/or pumping agreements that may be in effect.  
Septic tanks are required to be pumped when the combined depth of sludge and scum layer reaches twenty-five to thirty-three percent (25 – 33%) of the tank’s capacity.
B.    No changes
Section 8.2 Change in Inspection or Maintenance Schedule  No changes
Section 8.3 Immediate Need to Pump  
A.    If an inspection reveals that an OWTS needs immediate pumping to avert a potential endangerment to the environment, and/or the public’s health and safety, the Wastewater Management Office shall send the Town Council Sewer Commission, and the owner, or the owner’s agent, a written notice and a copy of the inspection report allowing the owner, or the owner’s agent, five (5) days to pump the system and to present evidence of such pumping to the Wastewater Management Office in the form of a receipt from the Sewer Commission Clerk.
B.    If an inspection reveals that an OWTS presents an imminent endangerment to the environment, and/or the public’s health and safety, the Wastewater Management Office shall attempt to contact the owner or the owner’s agent to have the system pumped within 12 hours, or less if deemed necessary by Wastewater Management Office or its designee, and to present evidence of such pumping to the Wastewater Management Office in the form of a receipt from the Sewer Commission Clerk.  
SECTION 9.0 ENFORCEMENT
Section 9.1 Failure to Pump  If proof of system pumping ordered under Sec. 8.1 is not received by the Wastewater Management Office within 30 days of the time frame within which a non-emergency system was to be pumped, or within the 5 days ordered under Sec. section 8.3.A, or within the 12 hours ordered under section 8.3.B, the Wastewater Management Office will hire a licensed/permitted septage transporter to pump the OWTS and the owner will be billed by the Wastewater Management Office.  The bill will include the actual cost of pumping as well as associated administrative costs.  The owner will be notified in writing of the intended date and time of such pumping, and provided a copy of the inspection report necessitating the pumping, and a brief description of the Wastewater Management Office’s efforts to contact the owner or the owner’s agent to have the OWTS pumped.
Section 9.2 Failure to Pay Pumping Bill  
Failure to pay a bill incurred by the Wastewater Management Office for the pumping of the OWTS may result in a fine and/or a lien on the owner’s property by the Town Council Sewer Commission.  The OWTS owner shall be responsible for all associated administrative and court costs.  
Section 9.3 Notice of Violation
If upon inspection any owner of an OWTS is determined to be in violation of these regulations, other than pumping, a written notice of violation shall be issued by the Building Official, the Wastewater Management Inspector or their designee. Notice of violations shall be issued in the following manner:
First Notice of Violation. The first notice of violation shall be sent by the Wastewater Management Office, or its designated agent, to the owner and/or the owner’s agent by regular mail, and by certified mail, return receipt requested.  The Wastewater Management Office, or its designated agent, shall complete an affidavit of service by mail, which shall be kept on file.  The first notice of violation shall include the following information:
#1 - #6, no changes
The Wastewater Management Office shall forward a copy of the first notice of violation to the Town Council Sewer Commission and Building Official.
Second Notice of Violation.  The second notice of violation shall be sent by the Wastewater Management Office, or its designated agent, to the owner and/or the owner’s agent by regular mail, and by certified mail, return receipt requested.  The Wastewater Management Office, or its designated agent, shall complete an affidavit of service by mail, which shall be kept on file.  The second notice of violation shall include the following information:
#1 - #4 no changes
#5.  The date, time, and location of the Town Council’s Board of Sewer Commissioners’ hearing, whereupon:
a.    The Town Council Sewer Commission shall determine whether to assess fines/penalties, and the amount said fines/penalties associated with the noticed violation(s).
b.    The assessment of fines/penalties shall begin to accrue upon the final decision of the Town Council Sewer Commission on the record.
The Wastewater Management Office shall forward a copy of the second notice of violation to the Town Council Sewer Commission and Building Official, and record the second notice of violation in the Town’s land evidence records.
A hearing or an appeal of a Notice of Violation may be requested by the appellant before the New Shoreham Town Council Board of Sewer Commissioners (Sewer Commission), as otherwise provided by law and as further defined in section 9.8 herein.
All Notice of Violations shall be mailed to the address(es) maintained by the Town of New Shoreham's Tax Assessors Office, unless otherwise specified in writing by the owner and/or the owner’s agent.
Section 9.4 Failed OWTS If an inspection and/or pumping record reveals a malfunctioning or failing OWTS, the owner shall be issued a copy of the inspection report, and a notice of violation to repair or replace the system as necessary. A copy of said report and notice of violation shall also be sent to the Building Official, the Wastewater Management Inspector or their designee, the Town Council Sewer Commission, and the Department of Environmental Management Division (RIDEM) Office of Water Resources OWTS Program. The owner shall be given thirty (30) days to contact RIDEM and apply for a permit to repair or replace the system as necessary.  A copy of the application to RIDEM shall be provided to the Building Official, the Wastewater Management Inspector or their designee.  A time limit to complete any needed repairs shall be established on a case-by-case basis.  Notification of RIDEM by the Building Official, the Wastewater Management Inspector or their designee does not replace or preclude the obligation of the owner to notify the RIDEM Office of Water Resources OWTS Program.  
Section 9.5 Failure to Repair or Replace an OWTS no changes
Section 9.6 Penalties  
A. no changes
B.    Any person neglecting or refusing to comply with a Second Notice of Violation issued under the provisions of this ordinance may be fined not more than $100 (One Hundred Dollars) per violation per day of outstanding violation. Each day of continuing violation shall constitute a separate and distinct violation. Fines issued under this ordinance shall not exceed $500 (Five Hundred Dollars) per violations by the Town Council Sewer Commission after hearing thereon.  Each day of a continuing violation may be construed to constitute a separate and distinct violation.  All fees/fines shall be returned to the Wastewater Management Office for the administration and implementation of the Wastewater Management Program.
Before the assessment of any fine/penalty or fee, the New Shoreham Town Council Board of Sewer Commissioners (Sewer Commission) shall schedule a hearing to determine whether to assess fines, and the amount fine to be assessed.  Notice of the hearing shall be mailed to the violator at least ten (10) days prior to the date set.  All notifications shall be mailed to the address(es) maintained by the Town of New Shoreham’s Tax Assessors Office, unless otherwise specified in writing by the violator and/or his/her agent.
Section 9.7 Administrative Meeting  
Any owner of an OWTS who is aggrieved by any action or finding of the Wastewater Management Office, or its designee, shall have the right to an administrative meeting before the Wastewater Management Inspector, or his/her designee.  An administrative meeting shall be convened within 30 days following the request or earlier whenever possible.  Persons are encouraged to resolve issues on the administrative level before requesting a hearing before the Town Council New Shoreham Board of Sewer Commissioners.  
Section 9.8 Hearing  
(1) Any owner of an OWTS who is cited for a violation of this ordinance shall have the right to a hearing before a quorum of the Town Council Sewer Commission.  A request for such a hearing must be made within thirty (30) days of receipt of the Notice of Violation or written notice, and shall be filed with the Wastewater Management Office, which shall be forwarded forthwith to the Town Council Sewer Commission.
a.    Upon receipt of an appeal, the Town Council Sewer Commission shall require the Wastewater Management Office to transmit forthwith to the Town Council Sewer Commission all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.
b.    no changes
(2) The Town Council Sewer Commission shall schedule a hearing on such an appeal within thirty (30) days of receipt of the notice of appeal. Notice of the hearing shall be sent to the appellant at least ten (10) days prior to the date set.  The notice shall include:    
No changes
No changes
No changes
A short and plain statement of the matters asserted. If the Town Council Sewer Commission is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and a detailed statement shall be furnished.
(3) A quorum of the Town Council Commission is necessary to hear and decide any such appeal.  A quorum is hereby defined as three Council members commissioners.  
(4) At the hearing, the appellant and any other interested party shall be permitted to present evidence and argument on all issues involved.  
(5) The Town Council Sewer Commission shall cause minutes to be kept of each hearing, and shall provide for an audio recording of each hearing.  Hearings may be stenographically recorded at the request of any party, provided that said party pays for the stenographer and the transcript.
(6) The record of a contested case shall include:
a-e, no changes
f. Any decision, opinion or report by an a Town Council member officer and/or commissioner presiding at the hearing; and
g. All Wastewater Management Office’s memoranda or data submitted to the Town Council Sewer Commission Board in connection with the case.
(7) No changes
(8) The Building Official, the Wastewater Management Office and its Inspector and/or designee, or an employee and/or staff of the Town Council Sewer Commission, shall not communicate with any member of the Town Council Sewer Commission regarding any issue of law of any contested matter except upon notice and opportunity for all parties to participate, but members of the Town Council Sewer Commission may communicate with each other and may have the aid and advice of one or more personal assistants.
(9) Pursuant to the provisions of RIGL § 45-24.5-4, an aggrieved party shall have the right to appeal the final order and/or decision of the Town Council Sewer Commission to the District Court in the manner set forth under the provisions of the Rhode Island Administrative Procedure Act, RIGL § 42-35-15.
SECTION 10.0 ADMINISTRATION  
No changes
Section 10.1 Power and Duties of Town Council Sewer Commission under this Ordinance
(1) Meetings of the Town Council Sewer Commission shall be held at the call of the First Warden chair or vice-chair or Second Warden or by the vote of a majority of the Town Council its members.  The First Warden or in her/his absence, chair or, in the absence of the chair, the Second Warden or in his/her absence, the acting Warden chair shall be empowered to administer oaths and compel the attendance of witnesses.  
(2) It shall be the duty of the Town Council Sewer Commission, without limitation, to:
a.    Develop rules and regulations for the implementation of this ordinance for review and approval by the Town Council.
1.    Prior to the adoption, amendment or repeal of the rule or regulation, the Town Council Sewer Commission shall:
i.    Give at least 20 days' notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and of the time when, the place where, and manner in which interested persons may present their view thereon. The notice shall be published in a newspaper, newspapers, or other publications having general circulation throughout the Town. Copies of proposed rules shall be available at the Town Hall Sewer Commission and by mail to any member of the public upon request.
ii.    Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. Opportunity for oral hearing must be granted if requested by 25 persons or by a governmental subdivision of the Town. The Town Council Sewer Commission shall consider fully all written and oral submissions respecting the proposed rule or regulation.
2.    Upon adoption of a rule or regulation, the Town Council Sewer Commission, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein the Town Council’s Sewer Commission reasons for overruling the consideration urged against its adoption.
b.    The Town Council Sewer Commission shall establish such rules and regulations for the conduct of its own proceedings for the implementation of this ordinance, for examining permits, review of compliance rules and regulations of this ordinance, hearings, investigations, assessment of penalties, fines and levies, and as may otherwise be necessary and proper for the implementation of this ordinance and which are consistent with the laws of the State of Rhode Island, of the United States of America and the Charter of the Town.
c.    No changes
d.    No changes
e.    Levy fines, after a hearing, for violations pursuant to this ordinance.
1.    No changes
2.    Before the assessment of any fine/penalty or fee, the Town Council Sewer Commission shall provide for a hearing. Further, this ordinance and its regulations shall provide that any person aggrieved by the final decision of the Town Council Sewer Commission in assessing a fine/penalty or fee, ordering compliance or other action shall have the rights of appeal pursuant to Rhode Island General Laws, Administrative Procedures Act, Chapter 35 of Title 42 and to the district court.
f.    No changes
g.    No changes
h.    No changes
i.    In the event that a property owner fails to repair or replace a failing OWTS within the time frame specified in the Notice of Violation, and after hearing thereon, the Town Council Sewer Commission is empowered to seek an order from the Superior Court for the County of Washington to enjoin the property owner from interfering with the efforts of the Town Council Sewer Commission and/or the Wastewater Management Office to effectuate the repairs or the replacement of the OWTS on the property.   In addition, the Town Council Sewer Commission shall be empowered to assess all the costs incurred in enforcing this ordinance, its regulations, orders and directives, together with all the costs specifically of repairing or replacing the OWTS as a fine/penalty and may attach the property to enforce the payment of such fine/penalty.   
SECTION 11.0 FINANCING  
The Town and/or Town Council Sewer Commission shall have the authority to raise funds for the administration, operation, contractual obligations, and services of the Wastewater Management Program.  
Section 11.1 Grant And Loan Program
The Town under the authority of the State Legislature shall have the authority to issue bonds or notes or to receive grants for the purpose of establishing a revolving fund to make low interest loans or grants available to qualified property owners for the improvement, correction, or replacement of a failed OWTS. The Town and/or Town Council Sewer Commission shall establish specific criteria to define eligibility for grants or loans.  A public hearing shall be held prior to implementing the grant and loan program.
12.0 EDUCATION  no changes
SECTION 13.0 SEVERABILITY no changes
Proposed Amendment Posted: February 7, 2012
Hearing Date:  March 5, 2012
Attest: Fiona Fitzpatrick, Town Clerk