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2011-11-17 / News

How Jamestown works: The three women in the clerk’s office

The Jamestown clerk’s office has a big job to do, and major responsibility to go along with it. It is the clerk’s office that is responsible, by statute, for keeping all of the town’s records, including those documents that define the town itself.

The town clerk is Cheryl Fernstrom, who has been on the job since March 2010. Fernstrom grew up in Warwick, and attended the public schools there. Before taking the job in Jamestown, she was the town clerk in Exeter for 18 years.

The clerk’s office staff consists of three people. In addition to Fernstrom, there is Karen Montoya and Heather Lopes – Montoya is clerk for the board of canvassers, and Lopes is the probate clerk.

According to Fernstrom, “This office is charged with maintaining all of the records of the town.” That means recording, filing and retrieving of the records for interested parties. The town seal is also kept in the clerk’s office, along with vital records like birth, death and marriage documents.

It is the responsibility of the clerk’s office to keep those records confidential, and to make sure that they are sent to the state of Rhode Island. All of the town’s land evidence is in the office too. The land evidence is maintained in books, on microfilm (kept off-site), and in computers. Along with the record keeping comes the responsibility of keeping the vault that houses them safe and secure.

It is in the clerk’s office that the agendas and associated documents are prepared for all meetings of the Town Council. The agendas must be posted at various locations as well as on the town’s website, and the secretary of state’s website as required under the Open Meetings Act.

Licenses are also a part of the clerk’s responsibility. Dogs are licensed by the clerk’s office, as are local businesses. And each year in November the relicensing of establishments selling and serving alcohol takes place.

“That’s a big process,” Fernstrom said. “Every year we start in August by sending the packets out to all the liquor licensees, which they return to us and we process.” That effort includes getting all of the necessary signatures from the police department, the fire department, and the building and zoning department, making sure that each licensee is in compliance with laws and regulations.

A certificate of good standing from the state’s Division of Taxation is also required, as is a similar confirmation from the town’s tax collector. The deadline for this annual process is Nov. 30. There are currently a total of 12 liquor licenses held by Jamestown businesses. These include the island’s two liquor stores, the town’s restaurants, and one held by the Conanicut Yacht Club.

According to Fernstrom, the biggest challenge in her job is keeping informative and accurate minutes that become the permanent record of every council meeting. “The record of any council action taken at a public meeting is still the written word in the form of minutes,” she said. “The electronic format or any recording is only auxiliary. So your minutes have to be accurate to reflect what has actually taken place.”

The clerk’s office is a key component of any election, be it local, state or federal. All local candidates must file their papers at the clerk’s office. All nominating petitions are checked by the board of canvassers and if the required number of signatures are present and unchallenged, the candidate is certified and they are then given a copy of the town’s voter list to help them with their campaign.

“We prepare a warrant which we post,” Fernstrom said. “It states that an election will take place. It gives them time, place and location for each voting district. It’s in compliance with state law, and it lists who is running for what office. If there is a party designation it so notes, and if there is a referendum issue that will also be on the warrant.” The document is posted at various locations around town including Town Hall, the library and the police department.

When it comes to any election held in Jamestown, a key figure is Montoya. Montoya was born in Chicago, and as part of a military family, she moved around a lot. She arrived in Jamestown in 1993. Montoya ran a bed and breakfast here and in 1998 she took a parttime job with the board of canvassers that allowed her to maintain her business.

Montoya, who no longer has the bed and breakfast, has served in her dual role as deputy town clerk and board of canvassers’ clerk for two years. Some of her responsibilities for the board of canvassers include taking all new registrations, maintaining and updating the voter list, running a change of address program every two years that purges the voter list of people who no longer live in Jamestown, or have died.

When election time rolls around, it is Montoya who coordinates and trains all of the poll workers, and ensures that all state laws are adhered to, and all deadlines and reporting requirements are met. In addition, she works with the polling places to make sure that everything goes smoothly on Election Day. Once the election is over, it is Montoya’s responsibility to organize the results and see to it that they are delivered to the state.

In her job as deputy clerk, Montoya is responsible for land evidence recording, and assisting the public with questions about the documents that are kept in the vault such as survey maps and some of the old books and other records. “I’ve been doing the vault for 13 years, so I know it pretty well,” Montoya said.

According to Montoya, the biggest challenges facing her in the job are trying to keep up with all of the rules and deadlines that come from the state. “The state is very good about calendars and helping us out,” Montoya said. “But next year there will probably be 100 different dates that I will have to refer to for different deadlines for candidates declaring, nomination papers, party endorsements, objections, withdrawals. The list just goes on and on.”

Montoya wants people to know that the town’s website has just been updated with all of the information for the presidential preference primary that takes place on April 24. This includes information for potential delegates, and voter registration and absentee ballot forms. “One of the most important things we have is that for next year we have the initiation of the voter ID,” Montoya said.

The new law requires voters to present identification in order to vote. Acceptable forms of identifi- cation are listed on the town website. While some non-photo IDs will be accepted for the next two years, beginning in 2014 a photo ID will be required.

The third member of the clerk’s team, Heather Lopes, takes care of probate court matters for the office. She is also responsible for managing the town’s various committees, and licensing issues.

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We were shocked to discover that Celebrity Rehab patient Tawny Kitaen’s exboyfriend Philip Cyburt , whom she accused of SWINDLING her out of three million dollars during their four year relationship, somehow weaseled his way into the Lehman Brothers investment firm as a CEO! Tawny accused Cyburt of being a con-man and they settled the case last year with no details being revealed. Doesn’t Lehman Brothers do a background check?

Posted by Janet on October 3, 2010

There are 22 Comments.  TELL ME WHAT YOU THINK!

22 Comments so far

  1. By SebastianCanada
    On October 3, 2010 at

    Three facts that, if you remember, will server you well grasshopper: 1) most people in finance are crooks who cannot add and subtract, 2) most people in IT are lazy idiots, 3) the two most important industries in the 21st century are Finance and IT. Merry Christmas everybody!!!

  2. By FrankinColumbus
    On October 3, 2010 at

    He’s a dirty crook!

  3. By captain america
    On October 3, 2010 at

    thanks to the totally destroyed highways in california and the BAD SOCIAL SYSTEM in the rest of the united states!!!!!!!!!!!

  4. By strom
    On October 4, 2010 at

    That picture is a bit glossed over:

    Here is the real one:

    Tawny is certainly a case of white trash.

  5. By Don't buy it
    On October 4, 2010 at

    Who says she’s telling the truth? She also accused another ex-bf of failing to financially support her for life after they broke up. She seems to want to live off wealthy men. If this guy is a CEO he must have his own money don’t you think? Would he really need to swindle some reality show cast off?

  6. By SebastianCanada
    On October 4, 2010 at

    Btw, lady looks like a dude!

    Cherry pie? Shepherd’s pie more like.

  7. By Denise
    On October 4, 2010 at

    That a con man is a CEO of Lehman Brothers, or any other investment firm, is the least shocking thing that I can think of.

  8. By anonTWO
    On October 4, 2010 at

    with that sort of history, the ex is more than qualified for a career in “high finance”.

  9. By lorrie
    On October 4, 2010 at

    It’s totally appropriate that fast-and-loose Lehman Brothers and their restructuring geniuses at Alfredo & Marsal would employ someone as devious and dishonest as Phil Cyburt.

  10. By Dave L.
    On October 4, 2010 at

    Cyburt needs a bit more scrutiny; not his girl.

    Why is he running what remains of LEHman? How about looking into the millions he is keeping out of work?

  11. By R U KIDDIN ME
    On October 4, 2010 at

    Based on what Lehman has done to everyone it doesnt surprise me that he works there :)

  12. By Deric Myers
    On October 4, 2010 at

    Who cares about Tawny Kitaen…how about all those Seniors whose retirement he is swindling

  13. By Julie Richards
    On October 4, 2010 at

    Doesn’t Lehman Brothers know history repeats itself?

    Can you say Enron….

  14. By Unindicted Co-Conspirator
    On October 4, 2010 at

    I thought Lehman Brothers was out of business?

  15. By Lenny
    On October 4, 2010 at

    Why damn strom, you said something about a white woman and it’s wasn’t nice. Maybe there is hope for you after all.

  16. By Greenie
    On October 4, 2010 at

    Lehman Bros. doesn’t exist anymore.

  17. By Reta
    On October 5, 2010 at

    What has this woman ever done that is or was of any value? She screwed and drugged and drank her way thru Hollywood and elsewhere and lo and behold found a criminal or two or three to screw her back now and then. How come I’m not surprised? She’s the thin (and somewhat still attractive) version of Kirstie Alley (at least the one that Kirstie Alley WISHES she was)!!!

  18. By lorrie
    On October 5, 2010 at

    Wasn’t Cyburt one of those over-leveraged, land-speculating real estate bozos who were part of the financial-meltdown problem?

  19. By Bettye Bluejay
    On October 5, 2010 at

    Isn’t she the changeling daughter of Raquel Welch?

  20. By Reta
    On October 7, 2010 at

    Naw…that was some OTHER chick…you can probably find HER on the internet. She made a movie or two and then promptly disappeared (Thank GAWD!)

  21. By One who knows her real story
    On November 7, 2010 at

    In fact, Lehman does run background checks and very thorough ones at that which take several weeks to complete. Obviously, Mr. Cyburt came back with far fewer skeleton’s than Tawny would have (which would not have been hard). His professional history speaks for itself, despite the crack addicts best efforts to try to tarnish it, which she has been unsuccessful in doing.

    In fact, Tawny’s frivilous lawsuit was proven to be extortion entirely and she was never able to prove even a single allegation (what a surprise). She ended up with nothing except over $600k in legal bills and an even bigger drug habit. As of October 29, 2010, she lost both of her houses because she ran out of money. Guess she shouldn’t have sucked it all up her nose! There is a reason she had 2 days of JAIL TIME a couple of months ago.

    Next time you hear the chatter of shopping cart wheels, take a look-it will likely be Tawny. She’s run out of road and too used up to use up wealthy men anymore.

    The only “Con” is Tawny Kitaen…..

  22. By Casonia Logenberry..I would turn Hells kitchen out and those other people would lose and..I Would Win and Blow the other people out of the water and would kill them with kindness
    On August 21, 2011 at

    That really sucks when people take advantage of you..It is really hard to trust people and let them into your life and share future and it is better to keep money out of relationships and just keep the money away from people..Who are blood sucking leachs and she seems really nice and kind and that is the reason the guy did what he did. A user and abuser who burns his bridges.

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    This bad boy seems to have calmed down since he got serious about his former pornstar girlfriend and he has his friends wondering WHY. What’s so special about HER? We hear she keeps him satisfied by supplying her MALE porn costars for his entertainment. The bad boy pays each guy $5000 per visit so they are highly motivated to make him happy. It’s a family affair – the girlfriend watches while the bad boy fiddles around with the guys!

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Bigger picture in sight for local development

Architect devises plan for 'rehab' of famed upscale Niseko-Hirafu ski resort community

For some it was a flash in the pan, at best an experiment destined to fail, at worst a mini-bubble hyper-inflated by greedy “outsiders” with little interest other than the type accumulating in the bank.

For others, however, the Niseko ski resort in southwest Hokkaido is much more than just a picturesque snow globe waiting to be smashed. A criticism often leveled at Niseko’s real estate boom that started around eight years ago is that it has lacked planning and long-term vision, with some developments showing little concern for building codes or the local environment.

If Italo-Australian architect, designer and master planner Riccardo Tossani has his way, all of this is about to change. “We’re seeing a shift in the type of force that is developing this area,” says Tossani at his second home in the village of Hirafu, which he terms “the nexus of the area’s social activities.”

“It’s moved on from individual pioneering entrepreneurs to becoming more institutional, long-term money. Corporations that are coming here have deeper pockets and a longer time horizon, and they can step back and take a better look at the bigger picture.”

The bigger picture that Tossani hopes the ever-growing list of developers will ponder comes in the form of a project that his Tokyo-based practice, Riccardo Tossani Architecture Inc., assembled after being commissioned by the Niseko Promotion Board to develop new signage guidelines for the area. Tossani’s response was to go one step further and create a master plan for more extensive developments with wider-reaching implications for the community and, potentially, Japan.

“We told the Niseko Promotion Board that we couldn’t look at signage without looking at the bigger picture — one that integrates all elements of the environment into a wider, more desirable urban design vision, which we did pro bono,” says Tossani, 53, who has master-planned resorts, university campuses, airports and other large-scale projects worldwide.

“This bigger picture produced a master plan consisting of several components that could be enacted over a 20-year period to gradually transform the urban environment of Niseko-Hirafu from a loosely planned collection of ad-hoc developments into a world-class ski village.”

The first component of that master plan is a ¥750 million redevelopment of Hirafu’s main drag, Hirafu-zaka, a street running from Niseko Grand Hirafu to the center of the village that largely has been untouched by the construction boom and which Tossani says is “in dire need of rehab.”

To get that rehab under way, Tossani examined six renowned ski resorts worldwide, including Whistler in British Columbia and St. Moritz in Switzerland, and adopted elements such as low-key signage, underground utility cables, buildings with roofs designed to prevent heavy snow accumulations from suddenly falling off, outdoor cafes with promenade seating, a fully heated road and a pedestrian walkway into the Hirafu-zaka plan.

“Hirafu-zaka currently features none of these and is clearly falling behind the quality and stature of the majority of architecture that is being built here. Local businesses and the local community liked the master plan to the point that they lobbied the government for funding and got it — which is not bad for 400 hours of pro bono work.”

Tossani, who has lived in Japan for 14 years and spends around 30 percent of his year in Hirafu, hopes the Hirafu-zaka guidelines also serve as a blueprint to help shape other Niseko-Hirafu areas. Yet, he expresses concern about whether the local government and community will be able to act quickly enough to ensure upcoming developments conform to those guidelines.

“If developers know about the utility wires being underground, the landscaping, the trees, that parking must be handled in a way that does not detract from the architectural character of the village, and so forth, they will plan their developments differently and in character with the area. But without them, we could see more of what has gone before.”

The Niseko boom began in 2002, when adventurous Australian ski buffs, who had been scared away from North America’s resorts after 9/11, were attracted to the resort area by its legendary powder snow and minimal time-zone difference. As its popularity spread, some began buying up and converting aging pensions into foreigner-friendly backpacker lodges and serviced apartments.

Since then the pace has quickened. Two of the area’s ski resorts are now foreign-owned while multimillion-dollar condominiums and boutique hotels have sprung up one after the other.

And despite the global financial crisis of 2008, things seem to be gathering pace. A number of large-scale developments are already in the pipeline, such as the Tadao Ando-designed Capella Niseko, which is due for completion in 2012.

To date, an estimated ¥50 billion to ¥80 billion reportedly has been invested in the area by developers, and in Hirafu alone, around 230 condominiums have been built since 2004, local government officials say.

Yet some developments, which Tossani calls “eyesores that denigrate the character of the area,” have taken advantage of lax government building ordinances. Fearing this could exacerbate should guidelines not be put in place, Tossani is hopeful the local government will adopt the Hirafu-zaka model as a template for future developments.

“It remains to be seen which other components of the master plan will be funded or enforced, but without a cohesive vision, we could face disaster.”

Another barrier clouding the potential of the master plan is a number of local residents who have lobbied against changes that have already taken place. Local potter and guest house owner Nariyuki Yamaguchi decries the relentless buying up of land by foreign investors and the “lame submission” to them by local authorities.

“It’s not so long ago that we held in our grasp a wealthy ski area that was referred to as the ‘St. Moritz of the East,’ ” Yamaguchi says. “But in the blink of an eye, it passed into the hands of investors from Australia and Hong Kong.

“They now cater to well-heeled Australians and Chinese who can afford flashy ¥100,000-a-night accommodations and expensive restaurants. I am not against developing this area to attract foreign tourists, but it should be done by Japanese residents.”

Another shop owner in the area, who asked not to be named, wondered how he could reform his store to conform to the stipulated guidelines. “In this economic environment, the costs would cripple me,” he says.

The case put forward by the likes of Yamaguchi is difficult to contest, considering the wintertime proportion of domestic visitors to Niseko is more than 16 times that of their overseas counterparts.

Yet, the share of the latter is the one that is surging. While total annual domestic visitors to Niseko have leveled out over the past decade to average around 1.4 million, overseas visitors have increased eight-fold to just under 40,000 in 2009, according to local government data. “Visitors from Asia, particularly Hong Kong, China and Taiwan, increased 70 percent over 2008,” says Niseko government official Masahiro Shigemori.

It is this sector that Hokkaido in general, and Niseko-Hirafu in particular, increasingly is turning its attention to. In March, a new ¥6.5 billion international terminal was opened at Chitose airport, some 115 km from Niseko, catering to visitors from Hong Kong, South Korea, China, Singapore, Australia and the U.S.

Tossani is adamant that Asia is the way forward for Niseko-Hirafu and a prime reason why his master plan, which is due to commence next spring with the Hirafu-zaka component, should be more widely embraced. “Asian visitors are likely to come here not only for the skiing but for the lifestyle — for the culinary possibilities, local traditions, hot springs, shopping and other year-round activities.

“Until Australian entrepreneurs ‘discovered’ Niseko, this town was degenerating into a shabby destination that I believe was on the verge of cardiac arrest. While the Japanese have been slow to respond, losing out to a hybrid culture that seems to be less and less Japanese and becoming increasingly international, I believe one day soon that position will be reversed, aided by an Asian visitorship that tends to be more in tune with what the Japanese hold dear.

The Hirafu project is just a microcosm, but an important model for future development in Hokkaido and indeed all of Japan, he adds. “This unique Japanese-foreign-public-private initiative is the first of its kind in the country that addresses a potential new and important industrial sector in Japan — international tourism. This underdeveloped and poorly understood industry is a latent boon for Japan’s economy and with 2 billion people living within two-hour time zone either side of Japan, a significant number of them experiencing increased prosperity, international tourism of the kind developed in Niseko represents a huge opportunity.”


text:
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text:
FIFA, the World Cup Selection and the FCPA

In a January 13, 2011 article in the Wall Street Journal, entitled “Qatar’s World Cup Spending Spree”, reporter Matthew Futterman detailed the “spending spree” of a reported one year amount of $43.3 million by Qatar, which led to its winning World Cup bid. Futterman’s article focused on information derived from the internal documents of Qatar’s bidding committee. Futterman reported that there was no evidence that Qatar violated the rules and regulations of FIFA to secure its winning bid. Rather he reported on how Qatar “worked within FIFA’s broad guidelines” to secure its winning bid.

From the internal bid documents, obtained by the WSJ, Futterman reported that some of the tactics used by Qatar included:

1. Charitable Donations.

2. Use of Marketing Agents.

We thought that it might be of use to review some of the tactics, as reported in the WSJ, that Qatar used to secure the 2022 World Cup bid, in the context of what might be allowed under the FCPA. It should be noted that, although still waiting to be implemented, the UK Bribery Act would apply to UK companies and citizens involved in the matter because there is no public/private distinction under the Bribery Act and unlike the FCPA, the Bribery Act does not have require that a bribe be offer or paid to a foreign governmental official, only that a bribe or offer to bribe be made.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thomas Fox, Compliance Evangelist | Attorney Advertising

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