TOWN COUNCIL MEETING

February 11, 2002

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:00 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

David J. Long

Kenneth G. Littman

Absent: Norma B. Willis

Also present were:

Arlene D. Kalooski, Town Clerk

Dennis Leach, Town Solicitor

Arthur J. Christman, Fire Chief

Christopher Powell, Conservation Commission Chair

Dennis Webster, Quonset Davisville Liaison Committee

Absent: Maryanne Crawford, CPA, Town Administrator/Finance Director

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1) Proclamations:

a) #02-004P Anna Crowell in recognition of her 100th birthday

It was moved by Councilor Swain, seconded by Councilor Littman to approve Proclamation Number 02-004R in honor of the 100th birthday of Anna Crowell. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was moved by Councilor Long, seconded by Councilor Swain to approve the Consent Agenda as presented. So unanimously voted.

The Consent Agenda consists of:

1) Adoption of Council minutes:

a) 01/28/2002 Regular Meeting

2) Bills and Payroll

3) Copies of Minutes of Boards & Committee Meetings:

a) Planning Commission (01/02/2002)

b) Library Board of Trustees (12/18/01)

c) Town Charter Review Committee (12/11/2001, 01/03/2002)

d) Water Resource Protection Committee (12/4/2001, 1/15/2002)

e) Fire Department Compensation Committee (1/15/2002)

4) CRMC Notices:

a) February 2002 Calendar

b) Donna Rizzo of 1703 Mineral Spring Ave., N. Providence re: residential boating facility located at 80 Orient Ave., Plat 1, Lot 132

5) DEM Notice re: Narragansett Electric Co. electric cable

6) Naval Station Newport Restoration Advisory Report minutes (1/16/2002)

7) Tax Assessor's Abatement & Addendum

EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARINGS

1) Transportation Improvement Program re: Phase 1 - Conanicut Island Greenway Trail System

Council President Settipane opened the hearing at 7:15 PM.

Christopher Powell, Conservation Commission Chair, presented a slide presentation showing the proposed Transportation Improvement Program to be submitted by the Town to the State on February 22, 2002. The grant will be used for the design and construction of Phase 1 of the Conanicut Island Greenway Trail System. The proposed project has been endorsed by the Conservation Commission and the Planning Commission. Mr. Powell noted that this is for the 2003-2004 funding round.

Mr. Powell outlined the areas being considered for a bicycle path; however, other non-motorized uses and compatibility of use will be addressed. The project limits for this study include immediate access to and from the Jamestown Bridge to North Main Road and between North Main Road at North Pond and between Weeden Lane at terminus with Route 138 to Eldred Avenue. The Council discussed the need to inform the residents that will be impacted by this plan. Additionally, the Council expressed their concern relating to any road narrowing in the area of the Creek.

Fire Chief, Arthur Christman stated that he was against any narrowing of roads in any way.

John Murphy, 77 Narragansett Avenue, noted that other towns have problems with motorcycles being used on some of the bicycle paths throughout the State.

There being no further comment, the hearing ended at 7:30 PM.

It was moved by Council President Settipane, seconded by Councilor Swain to approve Transportation Improvement Program grant application entitled "Conanicut Island Greenway Trail System, Phase 1" as presented by the Conservation Commission Chair, subject to the following:

* No narrowing of the lanes on North Road from Eldred to Weeden;

* Authorizing the expansion to accommodate the 4' wide bicycle travel on both east and west side of North Road to Weeden Lane

* Authorizing the improvement subject to the maintenance of the rural character of the roadway and that it be limited to non-motorized bicycle and pedestrian traffic from the dead-end at Weeden Lane to Rt. 138 and that the matter come back before the Council for final authorization prior to commencement of any work.

So unanimously voted.

OPEN FORUM

1) Scheduled request to address

None

2) Non-scheduled request to address

John Murphy requested that the Council discuss the Purchase and Sales agreement for lots 871 and 476.

Turner Scott requested that the Vitualing License for Beavertail Grill be taken out of order and addressed following the request by Mr. Murphy.

NEW BUSINESS

5) Purchase and Sales Agreement for property located on lots 871 and 476

John Murphy, attorney representing Mr. Muksian, the owner of Plat 8 Lots 871 and 476 further identified the property as being in a CD Zoning District. Mr. Murphy noted that the Purchase and Sales Agreement being considered by the Council is in the amount of $269,000.00.

The Council discussed possible uses for the property located on the corner of Narragansett Avenue and Grinnell Street; such as, municipal parking, expansion of Fire Department, removal of building for affordable housing. It was noted that it would be necessary to present this at the Financial Town Meeting.

Several residents expressed their concerns relating to the purchase of this property for parking.

Representative William Murphy informed the Council that the costs for moving the building would be reduced if the building is to be used for affordable housing.

It was moved by Councilor Long, seconded by Councilor Swain to approve the Purchase and Sales Agreement for property located in Plat 8, lots 871 and 476 as signed by the Town Administrator. So unanimously voted.

1) Victualing License for Beavertail Grill

Turner Scott, attorney representing the Beavertail Grill, informed the Council that his client would like to open the restaurant in May and requested that the Council approve the victualing license subject to the certificate from the Health Department. Mr. Turner invited the Fire Chief to inspect the facility once they have received approval from the Health Department.

The Fire Chief noted that although the facility has been cleaned, he would not sign the application until he receives notice of Health Department certification.

It was moved by Councilor Littman, seconded by Councilor Long to approve the victualing license for the Beavertail Grill 12/1/2001 to 11/30/2002 subject to approval by the State Board of Health, Jamestown Fire Chief and the resolution of debts, taxes and appropriate signatures.

It was moved by Council President Settipane, seconded by Councilor Swain to amend the motion to include fees and bills to be paid as of May 15, 2002. The motion as amended was unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report

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

TOWN ADMISTRATOR'S REPORT

February 11, 2002

The following report consists of items of general interest to the Council. I Will be pleased to provide any additional clarification of information you require.

Administration

The Town's application for short term funding for the Sewer Treatment Plant rehabilitation has been approved. These short-term funds should be available by the end of February.

The level of the reservoir continues to rise. It is currently about forty-five inches below the spillway. Since the pipeline from North to South Reservoir is working fine, the amount of water being pumped will increase to approximately 500,000 gallons per day.

I spoke with Rich Kerbel, Town Manager in North Kingstown regarding the Town's ability to purchase water, if necessary, from North Kingstown. Mr. Kerbel informed me the Town would still be able to purchase water from North Kingstown prior to Memorial Day and after Labor Day, as we have done in the past.

I received a call from Peter Healy of the RIDOT. Lisa Bryer and I will be meeting with both Peter and Michael Bennett about the location of bike paths in Jamestown. Peter informed me they found the proposals submitted by the Town intriguing.

Just a reminder the Council has scheduled a budget workshop/hearing with the Harbor Commission for Tuesday February 19, 2002. This workshop/hearing is scheduled to take place after the Water & Sewer meeting. Since we have not received any applications for water or sewer connections and it appears the agenda for this meeting will be brief, I will schedule the workshop/hearing to begin at 7:30 p.m. If there is any additional information I could provide the Council for the workshop/hearing, please call me.

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

The Town Administrator's report was read by Council President Settipane.

2) Library Board of Trustees

a) Letter from John Murphy re: parking and traffic plan

It was requested by Councilor Swain to put the parking and traffic plan as requested by John Murphy on the agenda for the February 25, 2002 Town Council Meeting and to invite the Library Board of Trustees to the meeting for their comments.

3) Town Clerk

a) Memorandum re: redistricting information

Representative William Murphy informed the Council that the redistricting has been completed and is awaiting the Governor's signature. Jamestown will be joined with Middletown for House representation, the Senate district will include Newport and Jamestown.

4) Quonset/Davisville Liaison Committee

a) Letter from Chair re: General Assembly legislation

The Council reviewed the letter from Mr. Webster relating to Jamestown representation on the Quonset Davisville Management Corporation. Mr. Webster informed the Council that the Jamestown Quonset Davisville Liaison Committee endorses the recommendation for the appointment of a Jamestown representative on the Quonset Davisville Management Corporation.

Representative William Murphy informed the Council that there are several bills being submitted to the legislature relative to seats on the Quonset Davisville Management Corporation (QDMC). Mr. Murphy noted that there has been resistance from the North Kingstown delegation for the appointment of a voting representative from Jamestown.

The Bills being addressed by the Council are House Bill 7167, introduced by Henseler, Lally, Murphy and Long adds a nonvoting member to be appointed by the Jamestown Town Council; House Bill 7005, introduced by Murphy and Long adds a voting member appointed by the Jamestown Town Council; and House Bill 7396, introduced by Murphy, Henseler, Benson, Story and Callahan adds a nonvoting member without selection by the Jamestown Town Council.

Representative Bruce Long discussed proposed legislation introduced by Mr. Murphy and Mr. Long. Additionally, Mr. Long informed the Council that there is a special meeting scheduled for February 12 at 3:00 PM of the QDMC Board and the Economic Development Corporation Board to discuss the barge container proposal. If this barge container proposal is approved, there would be barges travelling through the East Passage with containers on them to be shipped by truck out of Rhode Island.

Council President Settipane inquired into the process to amend a Bill presently being considered by the Legislature. Representative Long suggested presenting a resolution informing the committee of the Council's recommendations.

Although the Council was in agreement with House Bill 7005 whereby a voting member would be appointed by the Jamestown Town Council; it was moved by Council President Settipane, seconded by Councilor Littman to continue further discussion on February 25, 2002 and to instruct Dennis Webster, Quonset Davisville Liaison Committee Chair, on behalf of the Jamestown Town Council to have communication with the North Kingstown Town Council to discuss the pending Bills, their position with regards to Jamestown's effort and intent to obtain representation on the QDMC. So unanimously voted.

UNFINISHED BUSINESS

1) Letter from Representative Long re: Quonset Point/Davisville Management Corporation - proposed legislation Bill #H7005 (continued from 1/28/2000)

Previously discussed.

2) Proposed Legislation with Resolutions; if favorable, for approval and adoption by Council re Property Tax Relief relating to: (continued from 1/28/2002)

a) Jamestown Volunteer Ambulance Corps and Jamestown Volunteer Fire Department

b) Gold Star Parents'

c) Veterans

The Town Solicitor reviewed the tax exemption legislation under consideration. The Town Solicitor noted that any increase in the Jamestown Volunteer Ambulance Corps and Jamestown Volunteer Fire Department tax exemption limits would require the passing of legislation to up the limits, approval at the Financial Town Meeting, and the appropriate ordinances passed by the Town Council. Additionally, the Town Solicitor noted that the Gold Star Parents' and Veterans need not go before a Financial Town Meeting, but would require the passing of legislation to up the limits.

The Council discussed the exemption for the Ambulance and Fire volunteers be limited to a maximum cash value of $1,000.00 per claimant.

The Town Solicitor informed the Council that there is a change on the Financial Town Meeting Warrant, Resolution Number 7. Added to the resolution is the Tax Assessor's plat map number; that being plat number 8.

Fire Chief Christman requested that the Council consider the volunteer members that do not own homes in Jamestown and therefore, do not receive any benefit from this tax exemption. Council President Settipane requested that the Town Solicitor review this matter and report back to the Council.

It was moved by Council President Settipane, seconded by Councilor Littman to adopt and forward to the State Legislature for approval Resolutions 02-004R "An Act Relating to the Town of Jamestown - Property Tax Relief for the members of the Jamestown Volunteer Ambulance Corps and Volunteer Fire Department"; Resolution 02-005R "An Act Amending Title 44 Chapter 44-3 Property Subject to Taxation, Section 44-3-5 Gold Star Parents' Exemption"; and Resolution 02-006R "An Act Amending Title 44 Chapter 44-3 Property Subject to Taxation, Section 44-3-4 Veterans Exemption". And also to approve amendments to Resolution Number 5 on the Warrant for the Financial Town Meeting. So unanimously voted.

3) Letters from Representative William H. Murphy (continued from 1/28/2002)

a) Quonset/Davisville Management Corporation

Previously addressed.

b) Letter to Jan Reitsma (Council copy)

It was moved by Councilor Long, seconded by Councilor Swain to accept the copy of the letter sent by Representative William H. Murphy to Jan Reitsma. So unanimously voted.

COMMUNICATIONS

1) Letter from Beth Weibust and Nick Robertson re: horse trails

It was moved by Councilor Swain, seconded by Councilor Littman to accept the communication from Beth Weibust and Nick Robertson regarding horse trails and to forward the letter to the Town Planner. So unanimously voted.

2) Letter from Bennett A. Hirsch re: Dr. Gallo

It was moved by Councilor Long, seconded by Councilor Littman to accept the letter from Bennett A. Hirsch. So unanimously voted.

NEW BUSINESS

1) Victualing License for Beavertail Grill (no Certificate from the

Department of Health)

Previously discussed

2) Dutch Island Lighthouse re: letter of support from Town Council for a

grant application per Council President

The letter requesting Council support was not received for this meeting; however, in an attempt to meet any time constraints on this request, it was moved by Councilor Swain, seconded by Councilor Littman to advise the Town Administrator that the Town Council is in support of the rehabilitation of the Dutch Island Lighthouse subject to Council notification prior to the commencement of any work being done. So unanimously voted.

3) Petition for Verizon Communications re: relocation of poles on:

a) East Shore Road

b) Waverly Street

c) Orient Avenue

d) Fort Getty Road

It was moved by Councilor Long, seconded by Councilor Swain to forward the communications from Verizon regarding the location of poles to the Public Works Director.

It was moved by Council President Settipane, seconded by Councilor Swain to amend the motion to instruct the Public Works Director to make the determination with regards to the request. The motion as amended was unanimously voted.

Town Administrator arrived at 9:10

4) Impact Fee Ordinance per Councilor Settipane

Council President Settipane noted that the issue of impact fees have been adopted in other communities to address new growth and development and to protect the public health safety and general welfare of citizens.

The Town Solicitor suggested that the Town could hire a consultant to provide an analysis to show justification for initiating an impact fee. This analysis or needs assessment must identify levels of service standards, projected public facilities capital improvement need and distinguish existing needs and deficiencies from future needs.

Council President Settipane reviewed ordinances relating to impact fees implemented by several other communities.

Council President Settipane requested that the Town Administrator explore the expenditure and calculate the number of new building permits for new construction and report back to the Council.

Councilor Littman suggested that if there is a need to do this it would be important to exempt affordable housing within a certain price range.

5) Purchase and Sales Agreement for Property located on Lots 871 and 476

Previously addressed.

6) Revised Warrant including Resolution #7

It was moved by Council President Settipane, seconded by Councilor Long to approve the Warning with amendments as indicated on Resolution Number 2, Resolution Number 5 and Resolution Number 7. So unanimously voted.

There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Swain to adjourn the meeting at 9:30 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk

C: Town Council Members (5)

Town Administrator

Town Solicitor

Administrative Circulation

 

 

 

Town Council Meeting 02/11/2002

1 of 1