TOWN COUNCIL MEETING

and

Board of Water and Sewer Commission

Jamestown Philomenian Library

26 North Road

Monday, May 23, 2005

7:00 PM

 
 

 



 Interviews: None

Time:

Applicant:

Position Applying For:

6:50 p.m.

William Marsh

Town Buildings and Facilities Committee

 

 

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS:

1)         Honorable Attorney General Patrick Lynch re: LNG terminal opposition

 

I.                   CALL TO ORDER

 

II.                ROLL CALL

 

III.       COUNCIL SITTING AS ALCOHOLIC LICENSING BOARD

All approvals for licenses and permits are subject to the resolution of debts, taxes and appropriate signatures as well as, when applicable, proof of insurance.

 

IV.       CONSENT AGENDA

An item on the Consent Agenda need not be removed for simple clarification or correction of typographical errors.  Approval of the Consent Agenda shall be equivalent to approval of each item as if it had been acted upon separately.

1)         Adoption of Council minutes:

a)                  April 25, 2005 regular meeting

b)                  May 9, 2005 regular meeting

c)                  May 9, 2005, executive session (sealed minutes)

2)                  Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)         Library Board of Trustees (04/05/2005)

b)                  Jamestown Housing Authority (04/06/2005)

c)                  Harbor Management Committee (01/05/2005, 01/05/2005, 03/15/2005, 03/23/2005, 04/13/2005)

d)                  Personnel Board (04/21/2005)

4)         CRMC Notices:

a)                  Cease & Desist Order to James Simmons, 17 Maple Avenue re: Plat 9 Lot 16; said location for construction of a front porch, rear deck and second story bump-out within 100 feet of a stream

5)                  Zoning Board of Review Abutter notification:

a)         Application of Maria Dolos, property located at Plat 9 Lot 568, 23 Narragansett Avenue; wherein there is currently located a pet store and a restaurant on the first floor, a business office on the second floor and an apartment on the third floor, for a Special Use Permit under Article 3, table 82-301, I. Residential, 10, Mixed Use, to allow the following change in use, two restaurants on the first floor, one apartment on the second floor and on apartment on the third floor.  Applicant also requests a variance from Article 12, Parking regulations, 82-1203, Minimum off-street parking requirements, 15 spaces required (8 available) and Section 82-1204 Parking standards, including entrance aisle widths.  Said property is located in a CD zone and contains 5,375 sq. ft.

 

V.                 EXECUTIVE SESSION ANNOUNCEMENT

1)         Pursuant to RIGL 42-46-5 (a) (1) Personnel

 

VI.       COUNCIL, ADMINISTRATOR, SOLICITOR, COMMISSION/COMMITTEE COMMENTS & REPORTS

1)         Town Administrator report

 

------------------------------------------

 

1.     Enclosed with this report are correspondence received in my office since the last Council Meeting. I have enclosed them with this report for your review and information. There are a few of them that I would like to call to the Council's attention:

 

a.     I have received a letter from the Beavertail Lighthouse Museum Association requesting the Council's support to obtain the approval from the US Coast Guard to allow accessibility to the Granite Tower Light Structure. In order for this to be allowed, the present license agreement would have to be amended. I have enclosed a copy of the letter with this report for your review. I have also enclosed a copy of the current license agreement, along with a proposed letter to the Coast Guard should the Council approve this request.  I would ask the Council to consider approval at Monday's meeting.

 

b.     I have received a letter from Mary Ann Joyce of Howland Avenue concerning the permission granted to Mr. Jim West by the Council in 2001 to access the back of Mr. Norman Messinger's property on Cole Street from the Water Tower Property on Howland Avenue. She believes that this permission is being abused and is requesting that the Council rescind this permission. Since I am unfamiliar with this situation, I look to the Council for direction.

 

c.     The Tree Warden, Dave Nickerson, has sent me a letter informing the Council of his concerns with the Zeikova trees on Narragansett Avenue. It appears that we may lose these trees due to a bacterial disease. I will be working with Lisa Bryer and Dave on this problem to determine a solution in conjunction with the proposed improvements. I will keep the Council informed of our progress

 

 2.     As directed by the Council at your last meeting, the Town Solicitor has drafted legislation that would call for an exemption of property of totally disabled persons. I have enclosed a copy of this proposal (Item D) with this report. The Solicitor has informed me that this is a two step process. Should the Legislature and Governor approve this legislation, the Solicitor would then draft an Ordinance to implement the exemption.  I would ask the Council to vote to submit this proposed legislation to our State Senator and State Representative for approval.

 

3.     As the Council is aware, I had invited the Attorney General to Monday's meeting to discuss the proposed LNG Facilities with the Council. As of the writing of this report, I had not received confirmation of his attendance. Hopefully, I will be able to update the Council at Monday's meeting. On a related matter, Councilor DiGiando, Chief Jim Bryer, Chief Tom Tighe and I will be meeting with officials from MassPort to learn how they protect the Tobin Bridge in Boston when LNG deliveries are made to Everett, Massachusetts. We will plan on updating the Council on our trip at Monday's meeting.

 

4.     I have reviewed the issue of amending Executive Session minutes prior to their release with both the Town Clerk and Town Solicitor. According to the Solicitor, once a matter is resolved, the Council cannot enter into Executive Session to review and amend the minutes. The matter to which these Executive Sessions were held was resolved once the Council approved the Union Contract. Therefore, there is no longer a reason to enter into Executive Session for that purpose, and that includes amending minutes. If the Contract issue was still pending, then the Council could enter Executive Session to review, amend, and approve the minutes. The Council will need to consider their release and any amendments in Open Session. We can discuss this further at Monday's meeting.

 

5.    As directed by the Council, I have been working with the Solicitor on a Memorandum of Understanding with the Jamestown Emergency Medical Service. A draft has been prepared by the Solicitor and it has been given to JEMS for their review and comment. Once we develop a final MOU, I will forward it to the Council for your consideration.

 

6.     Matt Bolles and I met with Clayton Carlisle to review his letter proposing the establishment of a Park and Recreation Commission. After reviewing the issue in detail, we are all in agreement that such a Commission is not necessary and will not be recommending making any changes to the current structure. I believe this resolves the issue.

-------------------------------------------------------

 

 - the following action items are referenced in the Town Administrator’s report:

 

1. a)     Beavertail Lighthouse Museum re:  letter to the US Coast Guard requesting the amendment to current license agreement to allow accessibility to the Granite Tower Light Structure

   b.)     Water Tower Property re:  letter requesting the Council rescind permission of ingress and egress to James West

2.         Proposed Legislation re:  tax exemption for totally disabled

            4.         Executive Session minutes re:  consideration of release

2)         Conservation Commission

a)         Memorandum from Chair re: Recommendation of Danielle Tessier Minto as Conservation Commission representative for the Tree Preservation and Protection Committee

            3)         Town Clerk

                        a)         Memorandum re: Licensing

 

VII.     PUBLIC HEARING 

1)         Proposed ordinance amending Article III. Noise, Section 22-61 and 22-62 of the Jamestown Code of Ordinance.  This ordinance contains new provisions under Section 22-63 through 22-68 (duly advertised)

 

VIII.    ORDINANCES AND RESOLUTIONS

1)         Proclamation 05-009P re: Jamestown Graduates Week

2)         Proclamation 05-012P re:  Jamestown Volunteer Appreciation Day

 

IX.              COMMMUNICATIONS AND PETITIONS

1)         Letter from Bob Cooper, Executive Secretary of the Governor’s Commission on Disabilities re: Gemma A. Guinguing letter

2)         Petition from residents of upper Spanker Street re: paving

3)         Letter from Linda DiMauro of the Jamestown Humane Society re: deer survey update

4)         Letter from Bill Sheehan re: Ft. Getty dock

5)         Letter from Thomas Ginnerty re: speeding

6)         Letter from Mary Ann Joyce re: access to the water tower on Howland Avenue

7)         Petition from residents of Port Avenue re: demolition of 262 Seaside Drive

8)         Letter from Dennis Webster re: Noise Ordinance

 

X.        LICENSES & PERMITS

All approvals for licenses and permits are subject to the resolution of debts, taxes and appropriate signatures as well as, when applicable, proof of insurance.

            1)         Sunday Sales Renewal License

a)         Application of Paws & Claws, Inc. dba: Paws & Claws, 23 Narragansett Avenue

 

XI.       OPEN FORUM

1)                  Scheduled request to address

a)         Representative Bruce Long re: Legislative Update

2)                  Non-scheduled request to address

 

XII.     APPOINTMENTS AND RESIGNATIONS

1)         Affordable Housing Committee

a)         Two (2) vacancies exist, terms ending May 31, 2008; duly advertised and interviews complete.  If favorable:

i)          Seeking Reappointment:

·        Nancy L. Mason

                                    ii)         Letter of Interest:

·        Valerie Malloy

b)         Letter of recommendation from Affordable Housing Committee Chair

2)         Coastal Resource Management Council Representative

a)         One (1) vacancy exists, term ending May 31, 2007; duly advertised                                          

                        and interviews complete.  If favorable:

i)                    Seeking Reappointment:

·        Emmet E. Turley

·        Wendy Waller

3)         Personnel Board

a)         Two (2) vacancies exist, term ending May 31, 2008; duly advertised and interviews complete.  If favorable:

i)                    Letter from Michael Schnack re: resignation(previously accepted)

ii)                   Seeking Reappointment:

·        Mary Anne Joyce

iii)                 Letter of Interest

·        John P. Collins

b)         Letter of recommendation from Personnel Board Chair

4)         Tax Assessment Board of Review

                        a)         One (1) vacancy exists, term ending May 31, 2008; duly advertised

                                    and interviews complete.  If favorable:

i)          Seeking Reappointment:

·        Anne Maxwell Livingston

5)         Town Buildings and Facilities Committee

a)         Three (3) vacancies exist, two (2) regular voting members and one

(1) alternate member, terms ending May 31, 2008; duly advertised and interviews complete.  If favorable:

i)          Letter of resignation from Arek Galle

ii)         Seeking Reappointment:

·      Paul (Nick) Robertson

·      William Marsh

·      Valerie Malloy (alternate)

iii)         Letter of Interest:

·        Jane S. Sprague

b)         Letters or recommendation from Town Buildings and Facilities Chair

6)         Water Resource Protection Committee

a)         Two (2) vacancies exist, terms ending May 31, 2008; duly advertised and interviews complete.  If favorable:

i)          Letter of Interest:

·        Mary Brennan

 

XIII.    UNFINISHED BUSINESS (cont. from 05/09/2005)

1)         Proposed legislation relating to tax exemption of property of totally disabled person; if favorable vote to forward to the General Assembly for adoption

2)         Liquefied Natural Gas (LNG) re: funding for legal challenge

3)         Public Pier restrictions

a)         Recommendations from Harbor Management Commission re: Harbor Management Ordinance Sec. 7 (e) (1)Swimming, diving and fishing

4)         Release of Executive Session minutes for Council consideration

a)         January 12, 2004

                        January 23, 2004

                        February 25, 2004

                        March 4, 2004

                        March 15, 2004

                        March 22, 2004

                        September 13, 2004 Phase I

 

UNFINISHED BUSINESS:   BOARD OF WATER AND SEWER COMMISSION

1)         Application of Maria Dolos (Plat 9, Lot 568; 23 Narragansett Ave) for expansion/change of use (continued from May 16, 2005)

 

XIV.    NEW BUSINESS  

            1)         Letter from B.J. Whitehouse re: location of July 1st firework display

2)         Letter from Ken Ayars, Division of Agriculture re: Agriculture Land Preservation Commission

a)         Appointment of a Jamestown resident to the negotiation team

3)         Jamestown Housing Authority

a)                  Request for support regarding building of 8 units of elderly housing on the corner of Pemberton & Watson Avenue

b)                  Resolution 05-010R; if favorable, adopt

4)         Proposed resolution to set a cap on long term spending

a)         Memorandum from the Town Clerk

            5)         Town Warrants

                        a)         Local election, June 1, 2005

                        b)         Financial Town Meeting, June 6, 2005

6)         Letter from Peder A. Schaefer, Chief, Office of Municipal Affairs re:  acceptance of the Town’s “Notice of Proposed Property Tax Rate Change”

           

 

XV.      EXECUTIVE SESSION

 

XVI.    ADJOURNMENT

 

Pursuant to RIGL § 42-46-6(c) Notice of this meeting shall be posted on the Secretary of State’s website and at the Town Hall and the Jamestown Philomenian Library.

 

In addition to the two above-mentioned locations, notice also may be posted, from time to time, at the following locations:  Jamestown Police Station; Town Office; and on the Internet at www.jamestownri.com/meetings/index.htm and www.jamestownri.net/council/council.html

 

ALL NOTE: This meeting location is accessible to the physically challenged.  Hearing or speech impaired individuals requiring the services of an interpreter should call the Town Clerk at 401-423-7200 of facsimile 401-423-7230 not less than 3 business days prior to the meeting.